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LegalText 20 U.S.C. § 7113 Formula grants to States us united_states_code code_section 20 EDUCATION 70 STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS 7113 20 U.S.C. § 7113 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc20@119-100.zip /us/usc/t20/s7113 data/legal/raw/us/code/title-20/usc20.xml c77a3b5d373419dce1e1625173ade83e065fb8af1ccf5abc21991972f347b418 6022872c5d6a3398d1728f82f8cefcb58db9f5ff548e2a636450be1e4a8bb052 c9bd74dd49cb697479b171604129472d59f637dca119b51d7894f88280496798 2026-07-04 official
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20 U.S.C. § 7113 - Formula grants to States

Text

(a) Reservations From the total amount appropriated under section 7122 of this title for a fiscal year, the Secretary shall reserve—

(1) one-half of 1 percent for allotments for payments to the outlying areas, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this subpart;

(2) one-half of 1 percent for the Secretary of the Interior for programs under this subpart in schools operated or funded by the Bureau of Indian Education; and

(3) 2 percent for technical assistance and capacity building.

(b) State allotments (1) Allotment (A) In general Subject to subparagraphs (B) and (C), from the amount appropriated to carry out this subpart that remains after the Secretary makes the reservations under subsection (a), the Secretary shall allot to each State having a plan approved under subsection (c), an amount that bears the same relationship to the remainder as the amount the State received under subpart 2 of part A of subchapter I for the preceding fiscal year bears to the amount all States received under that subpart for the preceding fiscal year.

(B) Small State minimum No State receiving an allotment under this paragraph shall receive less than one-half of 1 percent of the total amount allotted under this paragraph.

(C) Puerto Rico The amount allotted under this paragraph to the Commonwealth of Puerto Rico for a fiscal year may not exceed one-half of 1 percent of the total amount allotted under this paragraph.

(2) Reallotment If a State does not receive an allotment under this subpart for a fiscal year, the Secretary shall reallot the amount of the States allotment to the remaining States in accordance with this subsection.

(c) State plan (1) In general In order to receive an allotment under this section for any fiscal year, a State shall submit a plan to the Secretary, at such time and in such manner as the Secretary may reasonably require.

(2) Contents Each plan submitted by a State under this section shall include the following:

(A) A description of how the State educational agency will use funds received under this subpart for State-level activities.

(B) A description of how the State educational agency will ensure that awards made to local educational agencies under this subpart are in amounts that are consistent with section 7115(a)(2) of this title.

(C) Assurances that the State educational agency will—

(i) review existing resources and programs across the State and will coordinate any new plans and resources under this subpart with such existing resources and programs;

(ii) monitor the implementation of activities under this subpart and provide technical assistance to local educational agencies in carrying out such activities; and

(iii) provide for equitable access for all students to the activities supported under this subpart, including aligning those activities with the requirements of other Federal laws.

(Pub. L. 8910, title IV, § 4103, as added Pub. L. 11495, title IV, § 4101, Dec. 10, 2015, 129 Stat. 1970.)

Notes

Editorial Notes

Prior ProvisionsA prior section 7113, Pub. L. 8910, title IV, § 4113, as added Pub. L. 107110, title IV, § 401, Jan. 8, 2002, 115 Stat. 1739, related to State application to receive allotment, prior to the general amendment of this subpart by Pub. L. 11495. Another prior section 7113, Pub. L. 8910, title IV, § 4113, as added Pub. L. 103382, title I, § 101, Oct. 20, 1994, 108 Stat. 3677, related to State and local educational agency programs, prior to the general amendment of this subchapter by Pub. L. 107110. A prior section 4103 of Pub. L. 8910 was classified to section 3063 of this title, prior to the general amendment of Pub. L. 8910 by Pub. L. 103382.

Statutory Notes and Related Subsidiaries

Effective DateSection effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as an Effective Date of 2015 Amendment note under section 6301 of this title.