 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
    SUBCHAPTER I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
 
 Part A--Improving Basic Programs Operated by Local Educational Agencies
 
                         subpart 2--allocations
 
Sec. 6334. Concentration grants to local educational agencies


(a) Eligibility for and amount of grants

                           (1) In general

        (A) Except as otherwise provided in this paragraph, each local 
    educational agency, in a State other than Guam, American Samoa, the 
    Virgin Islands, the Commonwealth of the Northern Mariana Islands, 
    and Palau, which is eligible for a grant under this part for any 
    fiscal year shall be eligible for an additional grant under this 
    section for that fiscal year if--
            (i) the number of children counted under section 6333(c) of 
        this title in the county (for fiscal years 1996 through 1998), 
        or local educational agency (for fiscal years beginning with 
        1999) for the fiscal year exceeds 6,500; or
            (ii) the number of children counted under section 6333(c) of 
        this title exceeds 15 percent of the total number of children 
        aged 5 to 17, inclusive, in the county (for fiscal years 1996 
        through 1998), or local educational agency (for fiscal years 
        beginning with 1999) in that fiscal year.

        (B) Notwithstanding such subsections (b)(1) and (d) of section 
    6332 of this title, no State described in subparagraph (A) shall 
    receive less than the lesser of--
            (i) 0.25 percent of total grants; or
            (ii) the average of--
                (I) one-quarter of 1 percent of the sums available to 
            carry out this section for such fiscal year; and
                (II) the greater of--
                    (aa) $340,000; or
                    (bb) the number of children in such State counted 
                for purposes of this section in that fiscal year 
                multiplied by 150 percent of the national average per 
                pupil payment made with funds available under this 
                section for that year.

                          (2) Special rule

        For each county or local educational agency eligible to receive 
    an additional grant under this section for any fiscal year the 
    Secretary shall determine the product of--
            (A) the number of children counted under section 6333(c) of 
        this title for that fiscal year; and
            (B) the quotient resulting from the division of the amount 
        determined for those agencies under section 6333(a)(1) of this 
        title for the fiscal year for which the determination is being 
        made divided by the total number of children counted under 
        section 6333(c) of this title for that agency for fiscal year.

                             (3) Amount

        The amount of the additional grant for which an eligible local 
    educational agency or county is eligible under this section for any 
    fiscal year shall be an amount which bears the same ratio to the 
    amount available to carry out this section for that fiscal year as 
    the product determined under paragraph (2) for such local 
    educational agency for that fiscal year bears to the sum of such 
    products for all local educational agencies in the United States for 
    that fiscal year.

                          (4) Suballocation

        For fiscal years 1996 through 1998, county amounts shall be 
    suballocated to local educational agencies meeting the criteria of 
    paragraph (1)(A) by State educational agencies, in accordance with 
    regulations published by the Secretary. For fiscal years 1995 
    through 1998, grants shall be calculated by the Secretary on the 
    basis of the number of children counted under section 6333(c) of 
    this title for counties, and State educational agencies shall 
    suballocate county amounts to local educational agencies, in 
    accordance with regulations published by the Secretary. In any State 
    in which a large number of local educational agencies overlap county 
    boundaries, the State educational agency may apply to the Secretary 
    for authority during any particular fiscal year to make the 
    allocations under this part (other than this section) directly to 
    local educational agencies without regard to the counties. If the 
    Secretary approves an application of a State educational agency for 
    a particular year under this paragraph, the State educational agency 
    shall provide assurances that--
            (A) such allocations will be made using precisely the same 
        factors for determining a grant as are used under this part;
            (B) such allocations will be made using alternative data 
        approved by the Secretary that the State determines best 
        reflects the distribution of children in poor families and is 
        adjusted to be equivalent in proportion to the number of 
        children determined in accordance with section 6333(c) of this 
        title; or
            (C) such allocations will be made using data that the State 
        educational agency submits to the Secretary for approval that 
        more accurately target poverty.

    In addition, the State educational agency shall provide assurances 
    that a procedure will be established through which local educational 
    agencies dissatisfied with the determinations made by the State 
    educational agency may appeal directly to the Secretary for a final 
    determination. A State may reserve not more than 2 percent of its 
    allocations in fiscal years 1996 through 1998 under this section for 
    the purpose of making grants to local educational agencies that meet 
    the criteria of clause (i) or (ii) of paragraph (1)(A), but are in 
    ineligible counties. For fiscal years beginning with 1999, for each 
    local educational agency serving an area with a total population of 
    at least 20,000 persons, the grant under this section shall be the 
    amount determined by the Secretary. For local educational agencies 
    serving areas with total populations of fewer than 20,000 persons, 
    the State educational agency may either (i) distribute to such local 
    educational agencies grants under this section equal to the amounts 
    determined by the Secretary; or (ii) use an alternative method, 
    approved by the Secretary, to distribute the share of the State's 
    total grants under this section that is based on local educational 
    agencies with total populations of fewer than 20,000 persons. Such 
    an alternative method of distributing grants under this section 
    among a State's local educational agencies serving areas with total 
    populations of fewer than 20,000 persons shall be based upon 
    population data that the State educational agency determines best 
    reflects the current distribution of children in poor families among 
    the State's local educational agencies serving areas with total 
    populations of fewer than 20,000 persons and meeting the eligibility 
    criteria of paragraph (1)(A). If a local educational agency serving 
    an area with total population of less than 20,000 persons is 
    dissatisfied with the determination of its grant by the State 
    educational agency, then such local educational agency may appeal 
    this determination to the Secretary. The Secretary shall respond to 
    this appeal within 45 days of receipt. The Secretary shall consult 
    with the Secretary of Commerce regarding whether available data on 
    population for local educational agencies serving areas with total 
    populations of fewer than 20,000 persons are sufficiently reliable 
    to be used to determine final grants to such areas meeting the 
    eligibility criteria of paragraph (1)(A).

(b) Reservation of funds

    Of the total amount of funds available for this section and sections 
6333 and 6335 of this title, an amount equal to the appropriation for 
fiscal year 1995 for section 1006 of this Act (as such section was in 
effect on the day preceding October 20, 1994) shall be available to 
carry out this section.

(c) Ratable reduction rule

    If the sums available under subsection (b) of this section for any 
fiscal year for making payments under this section are not sufficient to 
pay in full the total amounts which all States are eligible to receive 
under subsection (a) of this section for such fiscal year, the maximum 
amounts which all States are eligible to receive under subsection (a) of 
this section for such fiscal year shall be ratably reduced. In the case 
that additional funds become available for making such payments for any 
fiscal year during which the preceding sentence is applicable, such 
reduced amounts shall be increased on the same basis as they were 
reduced.

(d) States receiving minimum grants

    In States that receive the minimum grant under subsection (a)(1)(B) 
of this section, the State educational agency shall allocate such funds 
among the local educational agencies in each State either--
        (1) in accordance with paragraphs (2) and (4) of subsection (a) 
    of this section; or
        (2) based on their respective concentrations and numbers of 
    children counted under section 6333(c) of this title, except that 
    only those local educational agencies with concentrations or numbers 
    of children counted under section 6333(c) of this title that exceed 
    the statewide average percentage of such children or the statewide 
    average number of such children shall receive any funds on the basis 
    of this paragraph.

(Pub. L. 89-10, title I, Sec. 1124A, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3569.)

                       References in Text

    Section 1006 of this Act (as such section was in effect on the day 
preceding October 20, 1994), referred to in subsec. (b), means section 
1006 of Pub. L. 89-10, as added by Pub. L. 100-297, title I, Sec. 1001, 
Apr. 28, 1988, 102 Stat. 146, as amended, which was classified to 
section 2712 of this title prior to the general amendment of Pub. L. 89-
10 by Pub. L. 103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519.

                          Codification

    October 20, 1994, referred to in subsec. (b), was in the original 
``the date of enactment of this Act'', which was translated as meaning 
the date of enactment of Pub. L. 103-382, which enacted this section, to 
reflect the probable intent of Congress.

                  Section Referred to in Other Sections

    This section is referred to in sections 6332, 6333, 6335, 6336, 6337 
of this title.
