 
 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. 6335. Targeted grants to local educational agencies


(a) Eligibility of local educational agencies

    A local educational agency in a State is eligible to receive a 
targeted grant under this section for any fiscal year if the number of 
children in the local educational agency counted under subsection \1\ 
6333(c) of this title, before application of the weighting factor 
described in subsection (c) of this section, is at least 10, and if the 
number of children counted for grants under section 6333 of this title 
is at least 5 percent of the total population aged 5 to 17 years, 
inclusive, in the local educational agency. Funds made available as a 
result of applying this subsection shall be reallocated by the State 
educational agency to other eligible local educational agencies in the 
State in proportion to the distribution of other funds under this 
section.
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(b) Grants for local educational agencies, the District of Columbia, and 
        Puerto Rico

                           (1) In general

        The amount of the grant that a local educational agency in a 
    State or that the District of Columbia is eligible to receive under 
    this section for any fiscal year shall be the product of--
            (A) the weighted child count determined under subsection (c) 
        of this section; and
            (B) the amount in the second sentence of subparagraph 
        6333(a)(1)(A) \2\ of this title.
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    \2\ So in original. Probably should be ``section 6333(a)(1)''.
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                           (2) Puerto Rico

        For each fiscal year, the amount of the grant for which the 
    Commonwealth of Puerto Rico is eligible under this section shall be 
    equal to the number of children counted under subsection (c) of this 
    section for Puerto Rico, multiplied by the amount determined in 
    subparagraph \1\ 6333(a)(3) of this title.

(c) Weighted child count

                    (1) Fiscal years 1966 to 1998

        (A) In general

            The weighted child count used to determine a county's 
        allocation under this section is the larger of the two amounts 
        determined under clause (i) or (ii), as follows:
            (i) By percentage of children

                This amount is determined by adding--
                    (I) the number of children determined under section 
                6333(c) of this title for that county constituting up to 
                12.20 percent, inclusive, of the county's total 
                population aged 5 to 17, inclusive, multiplied by 1.0;
                    (II) the number of such children constituting more 
                than 12.20 percent, but not more than 17.70 percent, of 
                such population, multiplied by 1.75;
                    (III) the number of such children constituting more 
                than 17.70 percent, but not more than 22.80 percent, of 
                such population, multiplied by 2.5;
                    (IV) the number of such children constituting more 
                than 22.80 percent, but not more than 29.70 percent, of 
                such population, multiplied by 3.25; and
                    (V) the number of such children constituting more 
                than 29.70 percent of such population, multiplied by 
                4.0.
            (ii) By number of children

                This amount is determined by adding--
                    (I) the number of children determined under section 
                6333(c) of this title constituting up to 1,917, 
                inclusive, of the county's total population aged 5 to 
                17, inclusive, multiplied by 1.0;
                    (II) the number of such children between 1,918 and 
                5,938, inclusive, in such population, multiplied by 1.5;
                    (III) the number of such children between 5,939 and 
                20,199, inclusive, in such population, multiplied by 
                2.0;
                    (IV) the number of such children between 20,200 and 
                77,999, inclusive, in such population, multiplied by 
                2.5; and
                    (V) the number of such children in excess of 77,999 
                in such population, multiplied by 3.0.

        (B) Puerto Rico

            Notwithstanding subparagraph (A), the weighting factor for 
        Puerto Rico under this paragraph shall not be greater than the 
        total number of children counted under subsection \3\ 6333(c) of 
        this title multiplied by 1.72.
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                     (2) Fiscal years after 1999

        (A) In general

            For each fiscal year beginning with fiscal year 1999 for 
        which the Secretary uses local educational agency data, the 
        weighted child count used to determine a local educational 
        agency's grant under this section is the larger of the two 
        amounts determined under clauses (i) and (ii), as follows:
            (i) By percentage of children

                This amount is determined by adding--
                    (I) the number of children determined under section 
                6333(c) of this title for that local educational agency 
                constituting up to 14.265 percent, inclusive, of the 
                agency's total population aged 5 to 17, inclusive, 
                multiplied by 1.0;
                    (II) the number of such children constituting more 
                than 14.265 percent, but not more than 21.553 percent, 
                of such population, multiplied by 1.75;
                    (III) the number of such children constituting more 
                than 21.553 percent, but not more than 29.223 percent, 
                of such population, multiplied by 2.5;
                    (IV) the number of such children constituting more 
                than 29.223 percent, but not more than 36.538 percent, 
                of such population, multiplied by 3.25; and
                    (V) the number of such children constituting more 
                than 36.538 percent of such population, multiplied by 
                4.0.
            (ii) By number of children

                This amount is determined by adding--
                    (I) the number of children determined under section 
                6333(c) of this title constituting up to 575, inclusive, 
                of the agency's total population aged 5 to 17, 
                inclusive, multiplied by 1.0;
                    (II) the number of such children between 576 and 
                1,870, inclusive, in such population, multiplied by 1.5;
                    (III) the number of such children between 1,871 and 
                6,910, inclusive, in such population, multiplied by 2.0;
                    (IV) the number of such children between 6,911 and 
                42,000, inclusive, in such population, multiplied by 
                2.5; and
                    (V) the number of such children in excess of 42,000 
                in such population, multiplied by 3.0.

        (B) Puerto Rico

            Notwithstanding subparagraph (A), the weighting factor for 
        Puerto Rico under this paragraph shall not be greater than the 
        total number of children counted under section 6333(c) of this 
        title multiplied by 1.72.

(d) Local educational agency allocations

    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 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 section 6334 of this title) 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 subparagraph, the State educational agency 
shall provide assurances that--
        (1) such allocations will be made using precisely the same 
    factors for determining a grant as are used under this part;
        (2) 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
        (3) 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. 
For fiscal years beginning in 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 (1) distribute to such local educational agencies grants 
under this section equal to the amounts determined by the Secretary; or 
(2) 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. If a local educational agency serving an 
area with total populations of less than 20,000 persons is dissatisfied 
with the determination of its grant by the State educational agency, 
then the local educational agency may appeal this determination to the 
Secretary. The Secretary shall respond to this appeal within 45 days of 
receipt.

(e) State minimum

    Notwithstanding any other provision of this section or subsection 
(b)(1) or (d) of section 6332 of this title, from the total amount 
available for any fiscal year to carry out this section, each State 
shall be allotted at least the lesser of--
        (1) 0.25 percent of total appropriations; or
        (2) the average of--
            (A) one-quarter of 1 percent of the total amount available 
        to carry out this section; and
            (B) 150 percent of the national average grant under this 
        section per child described in section 6333(c) of this title, 
        without application of a weighting factor, multiplied by the 
        State's total number of children described in section 6333(c) of 
        this title, without application of a weighting factor.

(Pub. L. 89-10, title I, Sec. 1125, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3571.)

                  Section Referred to in Other Sections

    This section is referred to in sections 6332, 6334, 6336, 6337 of 
this title.
