20 U.S. Code § 6393 - State allocations
(a) State allocations
(1) Fiscal year 2002
For fiscal year 2002, each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part an amount equal to—
(A) the sum of the estimated number of migratory children aged 3 through 21 who reside in the State full time and the full-time equivalent of the estimated number of migratory children aged 3 through 21 who reside in the State part time, as determined in accordance with subsection (e) of this section; multiplied by
(2) Subsequent years
(A) Base amount
(i) In general Except as provided in subsection (b) of this section and clause (ii), each State (other than the Commonwealth of Puerto Rico) is entitled to receive under this part, for fiscal year 2003 and succeeding fiscal years, an amount equal to—
(ii) Nonparticipating States In the case of a State (other than the Commonwealth of Puerto Rico) that did not receive any funds for fiscal year 2002 under this part, the State shall receive, for fiscal year 2003 and succeeding fiscal years, an amount equal to—
(I) the amount that such State would have received under this part for fiscal year 2002 if its application under section 6394 of this title for the year had been approved; plus
(B) Allocation of additional amount
For fiscal year 2003 and succeeding fiscal years, the amount (if any) by which the funds appropriated to carry out this part for the year exceed such funds for fiscal year 2002 shall be allocated to a State (other than the Commonwealth of Puerto Rico) so that the State receives an amount equal to—
(i) the sum of—
(I) the number of identified eligible migratory children, aged 3 through 21, residing in the State during the previous year; and
(b) Allocation to Puerto Rico
(1) In general
For each fiscal year, the grant which the Commonwealth of Puerto Rico shall be eligible to receive under this part shall be the amount determined by multiplying the number of children who would be counted under subsection (a)(1)(A) of this section if such subsection applied to the Commonwealth of Puerto Rico by the product of—
(A) the percentage which the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average per-pupil expenditure of any of the 50 States; and
(2) Minimum percentage
The percentage in paragraph (1)(A) shall not be less than—
If the application of paragraph (2) for any fiscal year would result in any of the 50 States or the District of Columbia receiving less under this part than it received under this part for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of the percentage in paragraph (1)(A) for such fiscal year or the percentage used for the preceding fiscal year.
(c) Ratable reductions; reallocations
(1) In general
(A) If, after the Secretary reserves funds under section 6398 (c) of this title, the amount appropriated to carry out this part for any fiscal year is insufficient to pay in full the amounts for which all States are eligible, the Secretary shall ratably reduce each such amount.
(2) Special rule
(A) The Secretary shall further reduce the amount of any grant to a State under this part for any fiscal year if the Secretary determines, based on available information on the numbers and needs of migratory children in the State and the program proposed by the State to address such needs, that such amount exceeds the amount required under section 6394 of this title.
(d) Consortium arrangements
(1) In general
In the case of a State that receives a grant of $1,000,000 or less under this section, the Secretary shall consult with the State educational agency to determine whether consortium arrangements with another State or other appropriate entity would result in delivery of services in a more effective and efficient manner.
Any State, regardless of the amount of such State’s allocation, may submit a consortium arrangement to the Secretary for approval.
The Secretary shall approve a consortium arrangement under paragraph (1) or (2) if the proposal demonstrates that the arrangement will—
(e) Determining numbers of eligible children
In order to determine the estimated number of migratory children residing in each State for purposes of this section, the Secretary shall—
(1) use such information as the Secretary finds most accurately reflects the actual number of migratory children;
(2) develop and implement a procedure for more accurately reflecting cost factors for different types of summer and intersession program designs;
(3) adjust the full-time equivalent number of migratory children who reside in each State to take into account—
(A) the special needs of those children participating in special programs provided under this part that operate during the summer and intersession periods; and
Source(Pub. L. 89–10, title I, § 1303, as added Pub. L. 107–110, title I, § 101,Jan. 8, 2002, 115 Stat. 1571.)
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