---
kind: "section"
citation: "20 U.S.C. § 10006"
title: "20"
title_heading: "Education"
number: "10006"
heading: "State incentive grants"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/10006"
units:
  - "Chapter 80 — State Fiscal Stabilization Fund"
---

# §10006. State incentive grants

- (a) **In general—**
  - (1) **Reservation—** From the total amount reserved under [section 10001(c) of this title](/usc/20/10001.md?p=c) that is not used for [section 10007 of this title](/usc/20/10007.md), the [Secretary](/usc/20/10013.md?p=4) may reserve up to 1 percent for technical assistance to [States](/usc/20/10013.md?p=5) to assist them in meeting the objectives of paragraphs (2), (3), (4), and (5) of [section 10005(d) of this title](/usc/20/10005.md?p=d).
  - (2) **Remainder—** Of the remaining funds, the [Secretary](/usc/20/10013.md?p=4) shall, in fiscal year 2010, make grants to [States](/usc/20/10013.md?p=5) that have made significant progress in meeting the objectives of paragraphs (2), (3), (4), and (5) of [section 10005(d) of this title](/usc/20/10005.md?p=d).
- (b) **Basis for grants—** The [Secretary](/usc/20/10013.md?p=4) shall determine which [States](/usc/20/10013.md?p=5) receive grants under this section, and the amount of those grants, on the basis of information provided in [State](/usc/20/10013.md?p=5) applications under [section 10005 of this title](/usc/20/10005.md) and such other criteria as the [Secretary](/usc/20/10013.md?p=4) determines appropriate, which may include a [State](/usc/20/10013.md?p=5)’s need for assistance to help meet the objective of paragraphs[^1] (2), (3), (4), (5), or (6) of [section 10005(d) of this title](/usc/20/10005.md?p=d).
- (c) **Subgrants to local educational agencies—**
  - (1) **In general—** Each [State](/usc/20/10013.md?p=5) receiving a grant under this section shall use at least 50 percent of the grant to provide local educational agencies in the [State](/usc/20/10013.md?p=5) with subgrants based on their relative shares of funding under part A of title I of the ESEA ([20 U.S.C. 6311](/usc/20/6311.md) et seq.) for the most recent year.
  - (2) **Exception—** [Paragraph (1)](#c-1) does not apply to grants made by the [Secretary](/usc/20/10013.md?p=4) to consortia of [States](/usc/20/10013.md?p=5) to develop academic assessments that are aligned with academic standards, or to a [State](/usc/20/10013.md?p=5) or [States](/usc/20/10013.md?p=5) for improving early childhood care and education except that such a [State](/usc/20/10013.md?p=5) may use its grant funds to make subgrants to public or private agencies and organizations for activities consistent with the purposes of the grant.

## Footnotes

[^1]: So in original. Probably should be “paragraph”.

## Source credit

(Pub. L. 111–5, div. A, title XIV, § 14006, Feb. 17, 2009, 123 Stat. 283; Pub. L. 111–117, div. D, title III, § 310, Dec. 16, 2009, 123 Stat. 3272; Pub. L. 112–10, div. B, title VIII, § 1832(b)(2), Apr. 15, 2011, 125 Stat. 164; Pub. L. 112–74, div. F, title III, § 308, Dec. 23, 2011, 125 Stat. 1100.)

## Notes

### Editorial Notes

### References in Text

ESEA, referred to in subsec. (c)(1), is the Elementary and Secondary Education Act of 1965, Pub. L. 89–10, Apr. 11, 1965, 79 Stat. 27. Part A of title I of the Act is classified generally to part A (§ 6311 et seq.) of subchapter I of chapter 70 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of this title and Tables.

### Amendments

2011—Subsec. (b). Pub. L. 112–10, § 1832(b)(2)(A), substituted “(5), or (6)” for “and (5)”.

Subsec. (c)(2). Pub. L. 112–74 inserted before period at end “except that such a State may use its grant funds to make subgrants to public or private agencies and organizations for activities consistent with the purposes of the grant”.

Pub. L. 112–10, § 1832(b)(2)(B), inserted before period at end “, or to a State or States for improving early childhood care and education”.

2009—Subsec. (c). Pub. L. 111–117 designated existing provisions as par. (1), inserted heading, and added par. (2).