---
kind: "section"
citation: "20 U.S.C. § 1411"
title: "20"
title_heading: "Education"
number: "1411"
heading: "Authorization; allotment; use of funds; authorization of appropriations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1411"
units:
  - "Chapter 33 — Education of Individuals with Disabilities"
  - "Subchapter II — Assistance for Education of All Children with Disabilities"
---

# §1411. Authorization; allotment; use of funds; authorization of appropriations

- (a) **Grants to States—**
  - (1) **Purpose of grants—** The [Secretary](/usc/20/1401.md?p=28) shall make grants to [States](/usc/20/1401.md?p=31), [outlying areas](/usc/20/1401.md?p=22), and freely associated [States](/usc/20/1401.md?p=31), and provide funds to the [Secretary](/usc/20/1401.md?p=28) of the Interior, to assist them to provide [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A) to children with disabilities in accordance with this subchapter.
  - (2) **Maximum amount—** The maximum amount of the grant a [State](/usc/20/1401.md?p=31) may receive under this section—
    - (A) for fiscal years 2005 and 2006 is—
      - (i) the number of children with disabilities in the [State](/usc/20/1401.md?p=31) who are receiving [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A)—
        - (I) aged 3 through 5 if the [State](/usc/20/1401.md?p=31) is eligible for a grant under [section 1419 of this title](/usc/20/1419.md); and
        - (II) aged 6 through 21; multiplied by
      - (ii) 40 percent of the average per-pupil expenditure in public [elementary schools](/usc/20/1401.md?p=6) and [secondary schools](/usc/20/1401.md?p=27) in the United States; and
    - (B) for fiscal year 2007 and subsequent fiscal years is—
      - (i) the number of children with disabilities in the 2004–2005 school year in the [State](/usc/20/1401.md?p=31) who received [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A)—
        - (I) aged 3 through 5 if the [State](/usc/20/1401.md?p=31) is eligible for a grant under [section 1419 of this title](/usc/20/1419.md); and
        - (II) aged 6 through 21; multiplied by
      - (ii) 40 percent of the average per-pupil expenditure in public [elementary schools](/usc/20/1401.md?p=6) and [secondary schools](/usc/20/1401.md?p=27) in the United States; adjusted by
      - (iii) the rate of annual change in the sum of—
        - (I) 85 percent of such [State](/usc/20/1401.md?p=31)’s population described in [subsection (d)(3)(A)(i)(II)](#d-3-A-i-II); and
        - (II) 15 percent of such [State](/usc/20/1401.md?p=31)’s population described in [subsection (d)(3)(A)(i)(III)](#d-3-A-i-III).
- (b) **Outlying areas and freely associated States; Secretary of the Interior—**
  - (1) **Outlying areas and freely associated States—**
    - (A) **Funds reserved—** From the amount appropriated for any fiscal year under [subsection (i)](#i), the [Secretary](/usc/20/1401.md?p=28) shall reserve not more than 1 percent, which shall be used as follows:
      - (i) To provide assistance to the [outlying areas](/usc/20/1401.md?p=22) in accordance with their respective populations of individuals aged 3 through 21.
      - (ii)
        - (I) To provide each freely associated [State](/usc/20/1401.md?p=31) a grant so that no freely associated [State](/usc/20/1401.md?p=31) receives a lesser share of the total funds reserved for the freely associated [State](/usc/20/1401.md?p=31) than the freely associated [State](/usc/20/1401.md?p=31) received of those funds for fiscal year 2023.
        - (II) Each freely associated [State](/usc/20/1401.md?p=31) shall establish its eligibility under this subparagraph consistent with the requirements for a [State](/usc/20/1401.md?p=31) under [section 1412 of this title](/usc/20/1412.md).
        - (III) The funds provided to each freely associated [State](/usc/20/1401.md?p=31) under this subchapter may be used to provide, to each [infant or toddler with a disability](/usc/20/1401.md?p=16) (as defined in [section 1432 of this title](/usc/20/1432.md)), either a [free appropriate public education](/usc/20/1401.md?p=9), consistent with [section 1412 of this title](/usc/20/1412.md), or early intervention services consistent with subchapter III, notwithstanding the application and eligibility requirements of sections [1431(2)](/usc/20/1431.md), [1435](/usc/20/1435.md), and [1437](/usc/20/1437.md) of this title.
    - (B) **Special rule—** The provisions of Public Law 95–134, permitting the consolidation of grants by the [outlying areas](/usc/20/1401.md?p=22), shall not apply to funds provided to the [outlying areas](/usc/20/1401.md?p=22) or the freely associated [States](/usc/20/1401.md?p=31) under this section.
    - (C) **Definition—** In this paragraph, the term “freely associated [States](/usc/20/1401.md?p=31)” means the Republic of the Marshall Islands, the Federated [States](/usc/20/1401.md?p=31) of Micronesia, and the Republic of Palau.
  - (2) **Secretary of the Interior—** From the amount appropriated for any fiscal year under [subsection (i)](#i), the [Secretary](/usc/20/1401.md?p=28) shall reserve 1.226 percent to provide assistance to the [Secretary](/usc/20/1401.md?p=28) of the Interior in accordance with [subsection (h)](#h).
- (c) **Technical assistance—**
  - (1) **In general—** The [Secretary](/usc/20/1401.md?p=28) may reserve not more than ½ of 1 percent of the amounts appropriated under this subchapter for each fiscal year to provide technical assistance activities authorized under [section 1416(i) of this title](/usc/20/1416.md?p=i).
  - (2) **Maximum amount—** The maximum amount the [Secretary](/usc/20/1401.md?p=28) may reserve under [paragraph (1)](#c-1) for any fiscal year is $25,000,000, cumulatively adjusted by the rate of inflation as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the [Department](/usc/20/1221.md?p=c-3) of Labor.
- (d) **Allocations to States—**
  - (1) **In general—** After reserving funds for technical assistance, and for payments to the [outlying areas](/usc/20/1401.md?p=22), the freely associated [States](/usc/20/1401.md?p=31), and the [Secretary](/usc/20/1401.md?p=28) of the Interior under subsections [(b)](#b) and [(c)](#c) for a fiscal year, the [Secretary](/usc/20/1401.md?p=28) shall allocate the remaining amount among the [States](/usc/20/1401.md?p=31) in accordance with this subsection.
  - (2) **Special rule for use of fiscal year 1999 amount—** If a [State](/usc/20/1401.md?p=31) received any funds under this section for fiscal year 1999 on the basis of children aged 3 through 5, but does not make a [free appropriate public education](/usc/20/1401.md?p=9) available to all children with disabilities aged 3 through 5 in the [State](/usc/20/1401.md?p=31) in any subsequent fiscal year, the [Secretary](/usc/20/1401.md?p=28) shall compute the [State](/usc/20/1401.md?p=31)’s amount for fiscal year 1999, solely for the purpose of calculating the [State](/usc/20/1401.md?p=31)’s allocation in that subsequent year under paragraph [(3)](#d-3) or [(4)](#d-4), by subtracting the amount allocated to the [State](/usc/20/1401.md?p=31) for fiscal year 1999 on the basis of those children.
  - (3) **Increase in funds—** If the amount available for allocations to [States](/usc/20/1401.md?p=31) under [paragraph (1)](#d-1) for a fiscal year is equal to or greater than the amount allocated to the [States](/usc/20/1401.md?p=31) under this paragraph for the preceding fiscal year, those allocations shall be calculated as follows:
    - (A) **Allocation of increase—**
      - (i) **In general—** Except as provided in [subparagraph (B)](#d-3-B), the [Secretary](/usc/20/1401.md?p=28) shall allocate for the fiscal year—
        - (I) to each [State](/usc/20/1401.md?p=31) the amount the [State](/usc/20/1401.md?p=31) received under this section for fiscal year 1999;
        - (II) 85 percent of any remaining funds to [States](/usc/20/1401.md?p=31) on the basis of the [States](/usc/20/1401.md?p=31)’ relative populations of children aged 3 through 21 who are of the same age as children with disabilities for whom the [State](/usc/20/1401.md?p=31) ensures the availability of a [free appropriate public education](/usc/20/1401.md?p=9) under this subchapter; and
        - (III) 15 percent of those remaining funds to [States](/usc/20/1401.md?p=31) on the basis of the [States](/usc/20/1401.md?p=31)’ relative populations of children described in [subclause (II)](#d-3-A-i-II) who are living in poverty.
      - (ii) **Data—** For the purpose of making grants under this paragraph, the [Secretary](/usc/20/1401.md?p=28) shall use the most recent population data, including data on children living in poverty, that are available and satisfactory to the [Secretary](/usc/20/1401.md?p=28).
    - (B) **Limitations—** Notwithstanding [subparagraph (A)](#d-3-A), allocations under this paragraph shall be subject to the following:
      - (i) **Preceding year allocation—** No [State](/usc/20/1401.md?p=31)’s allocation shall be less than its allocation under this section for the preceding fiscal year.
      - (ii) **Minimum—** No [State](/usc/20/1401.md?p=31)’s allocation shall be less than the greatest of—
        - (I) the sum of—
          - (aa) the amount the [State](/usc/20/1401.md?p=31) received under this section for fiscal year 1999; and
          - (bb) ⅓ of 1 percent of the amount by which the amount appropriated under [subsection (i)](#i) for the fiscal year exceeds the amount appropriated for this section for fiscal year 1999;
        - (II) the sum of—
          - (aa) the amount the [State](/usc/20/1401.md?p=31) received under this section for the preceding fiscal year; and
          - (bb) that amount multiplied by the percentage by which the increase in the funds appropriated for this section from the preceding fiscal year exceeds 1.5 percent; or
        - (III) the sum of—
          - (aa) the amount the [State](/usc/20/1401.md?p=31) received under this section for the preceding fiscal year; and
          - (bb) that amount multiplied by 90 percent of the percentage increase in the amount appropriated for this section from the preceding fiscal year.
      - (iii) **Maximum—** Notwithstanding [clause (ii)](#d-3-B-ii), no [State](/usc/20/1401.md?p=31)’s allocation under this paragraph shall exceed the sum of—
        - (I) the amount the [State](/usc/20/1401.md?p=31) received under this section for the preceding fiscal year; and
        - (II) that amount multiplied by the sum of 1.5 percent and the percentage increase in the amount appropriated under this section from the preceding fiscal year.
    - (C) **Ratable reduction—** If the amount available for allocations under this paragraph is insufficient to pay those allocations in full, those allocations shall be ratably reduced, subject to [subparagraph (B)(i)](#d-3-B-i).
  - (4) **Decrease in funds—** If the amount available for allocations to [States](/usc/20/1401.md?p=31) under [paragraph (1)](#d-1) for a fiscal year is less than the amount allocated to the [States](/usc/20/1401.md?p=31) under this section for the preceding fiscal year, those allocations shall be calculated as follows:
    - (A) **Amounts greater than fiscal year 1999 allocations—** If the amount available for allocations is greater than the amount allocated to the [States](/usc/20/1401.md?p=31) for fiscal year 1999, each [State](/usc/20/1401.md?p=31) shall be allocated the sum of—
      - (i) the amount the [State](/usc/20/1401.md?p=31) received under this section for fiscal year 1999; and
      - (ii) an amount that bears the same relation to any remaining funds as the increase the [State](/usc/20/1401.md?p=31) received under this section for the preceding fiscal year over fiscal year 1999 bears to the total of all such increases for all [States](/usc/20/1401.md?p=31).
    - (B) **Amounts equal to or less than fiscal year 1999 allocations—**
      - (i) **In general—** If the amount available for allocations under this paragraph is equal to or less than the amount allocated to the [States](/usc/20/1401.md?p=31) for fiscal year 1999, each [State](/usc/20/1401.md?p=31) shall be allocated the amount the [State](/usc/20/1401.md?p=31) received for fiscal year 1999.
      - (ii) **Ratable reduction—** If the amount available for allocations under this paragraph is insufficient to make the allocations described in [clause (i)](#d-4-B-i), those allocations shall be ratably reduced.
- (e) **State-level activities—**
  - (1) **State administration—**
    - (A) **In general—** For the purpose of administering this subchapter, including [paragraph (3)](#e-3), [section 1419 of this title](/usc/20/1419.md), and the coordination of activities under this subchapter with, and providing technical assistance to, other programs that provide services to children with disabilities—
      - (i) each [State](/usc/20/1401.md?p=31) may reserve for each fiscal year not more than the maximum amount the [State](/usc/20/1401.md?p=31) was eligible to reserve for [State](/usc/20/1401.md?p=31) administration under this section for fiscal year 2004 or $800,000 (adjusted in accordance with [subparagraph (B)](#e-1-B)), whichever is greater; and
      - (ii) each [outlying area](/usc/20/1401.md?p=22) may reserve for each fiscal year not more than 5 percent of the amount the [outlying area](/usc/20/1401.md?p=22) receives under [subsection (b)(1)](#b-1) for the fiscal year or $35,000, whichever is greater.
    - (B) **Cumulative annual adjustments—** For each fiscal year beginning with fiscal year 2005, the [Secretary](/usc/20/1401.md?p=28) shall cumulatively adjust—
      - (i) the maximum amount the [State](/usc/20/1401.md?p=31) was eligible to reserve for [State](/usc/20/1401.md?p=31) administration under this subchapter for fiscal year 2004; and
      - (ii) $800,000,

      by the rate of inflation as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the [Department](/usc/20/1221.md?p=c-3) of Labor.

    - (C) **Certification—** Prior to expenditure of funds under this paragraph, the [State](/usc/20/1401.md?p=31) shall certify to the [Secretary](/usc/20/1401.md?p=28) that the arrangements to establish responsibility for services pursuant to [section 1412(a)(12)(A) of this title](/usc/20/1412.md?p=a-12-A) are current.
    - (D) **Subchapter III—** Funds reserved under [subparagraph (A)](#e-1-A) may be used for the administration of subchapter III, if the [State educational agency](/usc/20/1401.md?p=32) is the lead agency for the [State](/usc/20/1401.md?p=31) under such subchapter.
  - (2) **Other State-level activities—**
    - (A) **State-level activities—**
      - (i) **In general—** Except as provided in [clause (iii)](#e-2-A-iii), for the purpose of carrying out [State](/usc/20/1401.md?p=31)-level activities, each [State](/usc/20/1401.md?p=31) may reserve for each of the fiscal years 2005 and 2006 not more than 10 percent from the amount of the [State](/usc/20/1401.md?p=31)’s allocation under [subsection (d)](#d) for each of the fiscal years 2005 and 2006, respectively. For fiscal year 2007 and each subsequent fiscal year, the [State](/usc/20/1401.md?p=31) may reserve the maximum amount the [State](/usc/20/1401.md?p=31) was eligible to reserve under the preceding sentence for fiscal year 2006 (cumulatively adjusted by the rate of inflation as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the [Department](/usc/20/1221.md?p=c-3) of Labor).
      - (ii) **Small State adjustment—** Notwithstanding [clause (i)](#e-2-A-i) and except as provided in [clause (iii)](#e-2-A-iii), in the case of a [State](/usc/20/1401.md?p=31) for which the maximum amount reserved for [State](/usc/20/1401.md?p=31) administration is not greater than $850,000, the [State](/usc/20/1401.md?p=31) may reserve for the purpose of carrying out [State](/usc/20/1401.md?p=31)-level activities for each of the fiscal years 2005 and 2006, not more than 10.5 percent from the amount of the [State](/usc/20/1401.md?p=31)’s allocation under [subsection (d)](#d) for each of the fiscal years 2005 and 2006, respectively. For fiscal year 2007 and each subsequent fiscal year, such [State](/usc/20/1401.md?p=31) may reserve the maximum amount the [State](/usc/20/1401.md?p=31) was eligible to reserve under the preceding sentence for fiscal year 2006 (cumulatively adjusted by the rate of inflation as measured by the percentage increase, if any, from the preceding fiscal year in the Consumer Price Index For All Urban Consumers, published by the Bureau of Labor Statistics of the [Department](/usc/20/1221.md?p=c-3) of Labor).
      - (iii) **Exception—** If a [State](/usc/20/1401.md?p=31) does not reserve funds under [paragraph (3)](#e-3) for a fiscal year, then—
        - (I) in the case of a [State](/usc/20/1401.md?p=31) that is not described in [clause (ii)](#e-2-A-ii), for fiscal year 2005 or 2006, [clause (i)](#e-2-A-i) shall be applied by substituting “9.0 percent” for “10 percent”; and
        - (II) in the case of a [State](/usc/20/1401.md?p=31) that is described in [clause (ii)](#e-2-A-ii), for fiscal year 2005 or 2006, [clause (ii)](#e-2-A-ii) shall be applied by substituting “9.5 percent” for “10.5 percent”.
    - (B) **Required activities—** Funds reserved under [subparagraph (A)](#e-2-A) shall be used to carry out the following activities:
      - (i) For monitoring, enforcement, and complaint investigation.
      - (ii) To establish and implement the mediation process required by [section 1415(e) of this title](/usc/20/1415.md?p=e), including providing for the cost of mediators and support [personnel](/usc/20/1451.md?p=b).
    - (C) **Authorized activities—** Funds reserved under [subparagraph (A)](#e-2-A) may be used to carry out the following activities:
      - (i) For support and direct services, including technical assistance, [personnel](/usc/20/1451.md?p=b) preparation, and professional development and training.
      - (ii) To support paperwork reduction activities, including expanding the use of technology in the [IEP](/usc/20/1401.md?p=14) process.
      - (iii) To assist [local educational agencies](/usc/20/1401.md?p=19-A) in providing positive behavioral interventions and supports and appropriate mental health services for children with disabilities.
      - (iv) To improve the use of technology in the classroom by children with disabilities to enhance learning.
      - (v) To support the use of technology, including technology with [universal design](/usc/20/1401.md?p=35) principles and [assistive technology devices](/usc/20/1401.md?p=1-A), to maximize accessibility to the general education curriculum for children with disabilities.
      - (vi) Development and implementation of transition programs, including coordination of services with agencies involved in supporting the transition of children with disabilities to postsecondary activities.
      - (vii) To assist [local educational agencies](/usc/20/1401.md?p=19-A) in meeting [personnel](/usc/20/1451.md?p=b) shortages.
      - (viii) To support capacity building activities and improve the delivery of services by [local educational agencies](/usc/20/1401.md?p=19-A) to improve results for children with disabilities.
      - (ix) Alternative programming for children with disabilities who have been expelled from school, and services for children with disabilities in correctional facilities, children enrolled in [State](/usc/20/1401.md?p=31)-operated or [State](/usc/20/1401.md?p=31)-supported schools, and children with disabilities in charter schools.
      - (x) To support the development and provision of appropriate accommodations for children with disabilities, or the development and provision of alternate assessments that are valid and reliable for assessing the performance of children with disabilities, in accordance with sections [6311(b)](/usc/20/6311.md?p=b) and [6361](/usc/20/6361.md) of this title.
      - (xi) To provide technical assistance to schools and [local educational agencies](/usc/20/1401.md?p=19-A), and direct services, including direct student services described in [section 6303b(c)(3) of this title](/usc/20/6303b.md?p=c-3) to children with disabilities, to schools or [local educational agencies](/usc/20/1401.md?p=19-A) implementing comprehensive support and improvement activities or targeted support and improvement activities under [section 6311(d) of this title](/usc/20/6311.md?p=d) on the basis of consistent underperformance of the disaggregated subgroup of children with disabilities, including providing professional development to special and regular education teachers, who teach children with disabilities, based on scientifically based research to improve educational instruction, in order to improve academic achievement based on the challenging academic standards described in [section 6311(b)(1) of this title](/usc/20/6311.md?p=b-1).
  - (3) **Local educational agency risk pool—**
    - (A) **In general—**
      - (i) **Reservation of funds—** For the purpose of assisting [local educational agencies](/usc/20/1401.md?p=19-A) (including a charter school that is a [local educational agency](/usc/20/1401.md?p=19-A) or a consortium of [local educational agencies](/usc/20/1401.md?p=19-A)) in addressing the needs of high need children with disabilities, each [State](/usc/20/1401.md?p=31) shall have the option to reserve for each fiscal year 10 percent of the amount of funds the [State](/usc/20/1401.md?p=31) reserves for [State](/usc/20/1401.md?p=31)-level activities under [paragraph (2)(A)](#e-2-A)—
        - (I) to establish and make disbursements from the high cost fund to [local educational agencies](/usc/20/1401.md?p=19-A) in accordance with this paragraph during the first and succeeding fiscal years of the high cost fund; and
        - (II) to support innovative and effective ways of cost sharing by the [State](/usc/20/1401.md?p=31), by a [local educational agency](/usc/20/1401.md?p=19-A), or among a consortium of [local educational agencies](/usc/20/1401.md?p=19-A), as determined by the [State](/usc/20/1401.md?p=31) in coordination with representatives from [local educational agencies](/usc/20/1401.md?p=19-A), subject to [subparagraph (B)(ii)](#e-3-B-ii).
      - (ii) **Definition of local educational agency—** In this paragraph the term “[local educational agency](/usc/20/1401.md?p=19-A)” includes a charter school that is a [local educational agency](/usc/20/1401.md?p=19-A), or a consortium of [local educational agencies](/usc/20/1401.md?p=19-A).
    - (B) **Limitation on uses of funds—**
      - (i) **Establishment of high cost fund—** A [State](/usc/20/1401.md?p=31) shall not use any of the funds the [State](/usc/20/1401.md?p=31) reserves pursuant to [subparagraph (A)(i)](#e-3-A-i), but may use the funds the [State](/usc/20/1401.md?p=31) reserves under [paragraph (1)](#e-1), to establish and support the high cost fund.
      - (ii) **Innovative and effective cost sharing—** A [State](/usc/20/1401.md?p=31) shall not use more than 5 percent of the funds the [State](/usc/20/1401.md?p=31) reserves pursuant to [subparagraph (A)(i)](#e-3-A-i) for each fiscal year to support innovative and effective ways of cost sharing among consortia of [local educational agencies](/usc/20/1401.md?p=19-A).
    - (C) **State plan for high cost fund—**
      - (i) **Definition—** The [State educational agency](/usc/20/1401.md?p=32) shall establish the [State](/usc/20/1401.md?p=31)’s definition of a high need [child with a disability](/usc/20/1401.md?p=3-A), which definition shall be developed in consultation with [local educational agencies](/usc/20/1401.md?p=19-A).
      - (ii) **State plan—** The [State educational agency](/usc/20/1401.md?p=32) shall develop, not later than 90 days after the [State](/usc/20/1401.md?p=31) reserves funds under this paragraph, annually review, and amend as necessary, a [State](/usc/20/1401.md?p=31) plan for the high cost fund. Such [State](/usc/20/1401.md?p=31) plan shall—
        - (I) establish, in coordination with representatives from [local educational agencies](/usc/20/1401.md?p=19-A), a definition of a high need [child with a disability](/usc/20/1401.md?p=3-A) that, at a minimum—
          - (aa) addresses the financial impact a high need [child with a disability](/usc/20/1401.md?p=3-A) has on the budget of the child’s [local educational agency](/usc/20/1401.md?p=19-A); and
          - (bb) ensures that the cost of the high need [child with a disability](/usc/20/1401.md?p=3-A) is greater than 3 times the average per pupil expenditure (as defined in [section 7801 of this title](/usc/20/7801.md)) in that [State](/usc/20/1401.md?p=31);
        - (II) establish eligibility criteria for the participation of a [local educational agency](/usc/20/1401.md?p=19-A) that, at a minimum, takes into account the number and percentage of high need children with disabilities served by a [local educational agency](/usc/20/1401.md?p=19-A);
        - (III) develop a funding mechanism that provides distributions each fiscal year to [local educational agencies](/usc/20/1401.md?p=19-A) that meet the criteria developed by the [State](/usc/20/1401.md?p=31) under [subclause (II)](#e-3-C-ii-II); and
        - (IV) establish an annual schedule by which the [State educational agency](/usc/20/1401.md?p=32) shall make its distributions from the high cost fund each fiscal year.
      - (iii) **Public availability—** The [State](/usc/20/1401.md?p=31) shall make its final [State](/usc/20/1401.md?p=31) plan publicly available not less than 30 days before the beginning of the school year, including dissemination of such information on the [State](/usc/20/1401.md?p=31) website.
    - (D) **Disbursements from the high cost fund—**
      - (i) **In general—** Each [State educational agency](/usc/20/1401.md?p=32) shall make all annual disbursements from the high cost fund established under [subparagraph (A)(i)](#e-3-A-i) in accordance with the [State](/usc/20/1401.md?p=31) plan published pursuant to [subparagraph (C)](#e-3-C).
      - (ii) **Use of disbursements—** Each [State educational agency](/usc/20/1401.md?p=32) shall make annual disbursements to eligible [local educational agencies](/usc/20/1401.md?p=19-A) in accordance with its [State](/usc/20/1401.md?p=31) plan under [subparagraph (C)(ii)](#e-3-C-ii).
      - (iii) **Appropriate costs—** The costs associated with educating a high need [child with a disability](/usc/20/1401.md?p=3-A) under [subparagraph (C)(i)](#e-3-C-i) are only those costs associated with providing direct [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A) to such child that are identified in such child’s [IEP](/usc/20/1401.md?p=14).
    - (E) **Legal fees—** The disbursements under [subparagraph (D)](#e-3-D) shall not support legal fees, court costs, or other costs associated with a cause of action brought on behalf of a [child with a disability](/usc/20/1401.md?p=3-A) to ensure a [free appropriate public education](/usc/20/1401.md?p=9) for such child.
    - (F) **Assurance of a free appropriate public education—** Nothing in this paragraph shall be construed—
      - (i) to limit or condition the right of a [child with a disability](/usc/20/1401.md?p=3-A) who is assisted under this subchapter to receive a [free appropriate public education](/usc/20/1401.md?p=9) pursuant to [section 1412(a)(1) of this title](/usc/20/1412.md?p=a-1) in the least restrictive environment pursuant to [section 1412(a)(5) of this title](/usc/20/1412.md?p=a-5); or
      - (ii) to authorize a [State educational agency](/usc/20/1401.md?p=32) or [local educational agency](/usc/20/1401.md?p=19-A) to establish a limit on what may be spent on the education of a [child with a disability](/usc/20/1401.md?p=3-A).
    - (G) **Special rule for risk pool and high need assistance programs in effect as of January 1, 2004—** Notwithstanding the provisions of subparagraphs [(A)](#e-3-A) through [(F)](#e-3-F), a [State](/usc/20/1401.md?p=31) may use funds reserved pursuant to this paragraph for implementing a placement neutral cost sharing and reimbursement program of high need, low incidence, catastrophic, or extraordinary aid to [local educational agencies](/usc/20/1401.md?p=19-A) that provides services to high need students based on eligibility criteria for such programs that were created not later than January 1, 2004, and are currently in operation, if such program serves children that meet the requirement of the definition of a high need [child with a disability](/usc/20/1401.md?p=3-A) as described in [subparagraph (C)(ii)(I)](#e-3-C-ii-I).
    - (H) **Medicaid services not affected—** Disbursements provided under this paragraph shall not be used to pay costs that otherwise would be reimbursed as medical assistance for a [child with a disability](/usc/20/1401.md?p=3-A) under the [State](/usc/20/1401.md?p=31) medicaid program under title XIX of the Social Security Act [[42 U.S.C. 1396](/usc/42/1396.md) et seq.].
    - (I) **Remaining funds—** Funds reserved under [subparagraph (A)](#e-3-A) in any fiscal year but not expended in that fiscal year pursuant to [subparagraph (D)](#e-3-D) shall be allocated to [local educational agencies](/usc/20/1401.md?p=19-A) for the succeeding fiscal year in the same manner as funds are allocated to [local educational agencies](/usc/20/1401.md?p=19-A) under [subsection (f)](#f) for the succeeding fiscal year.
  - (4) **Inapplicability of certain prohibitions—** A [State](/usc/20/1401.md?p=31) may use funds the [State](/usc/20/1401.md?p=31) reserves under paragraphs [(1)](#e-1) and [(2)](#e-2) without regard to—
    - (A) the prohibition on commingling of funds in [section 1412(a)(17)(B) of this title](/usc/20/1412.md?p=a-17-B); and
    - (B) the prohibition on supplanting other funds in [section 1412(a)(17)(C) of this title](/usc/20/1412.md?p=a-17-C).
  - (5) **Report on use of funds—** As part of the information required to be submitted to the [Secretary](/usc/20/1401.md?p=28) under [section 1412 of this title](/usc/20/1412.md), each [State](/usc/20/1401.md?p=31) shall annually describe how amounts under this section—
    - (A) will be used to meet the requirements of this chapter; and
    - (B) will be allocated among the activities described in this section to meet [State](/usc/20/1401.md?p=31) priorities based on input from [local educational agencies](/usc/20/1401.md?p=19-A).
  - (6) **Special rule for increased funds—** A [State](/usc/20/1401.md?p=31) may use funds the [State](/usc/20/1401.md?p=31) reserves under [paragraph (1)(A)](#e-1-A) as a result of inflationary increases under [paragraph (1)(B)](#e-1-B) to carry out activities authorized under clause [(i)](#e-2-C-i), [(iii)](#e-2-C-iii), [(vii)](#e-2-C-vii), or [(viii)](#e-2-C-viii) of paragraph (2)(C).
  - (7) **Flexibility in using funds for subchapter III—** Any [State](/usc/20/1401.md?p=31) eligible to receive a grant under [section 1419 of this title](/usc/20/1419.md) may use funds made available under [paragraph (1)(A)](#e-1-A), [subsection (f)(3)](#f-3), or [section 1419(f)(5) of this title](/usc/20/1419.md?p=f-5) to develop and implement a [State](/usc/20/1401.md?p=31) policy jointly with the lead agency under subchapter III and the [State educational agency](/usc/20/1401.md?p=32) to provide early intervention services (which shall include an educational component that promotes school readiness and incorporates preliteracy, language, and numeracy skills) in accordance with subchapter III to children with disabilities who are eligible for services under [section 1419 of this title](/usc/20/1419.md) and who previously received services under subchapter III until such children enter, or are eligible under [State](/usc/20/1401.md?p=31) law to enter, kindergarten, or [elementary school](/usc/20/1401.md?p=6) as appropriate.
- (f) **Subgrants to local educational agencies—**
  - (1) **Subgrants required—** Each [State](/usc/20/1401.md?p=31) that receives a grant under this section for any fiscal year shall distribute any funds the [State](/usc/20/1401.md?p=31) does not reserve under [subsection (e)](#e) to [local educational agencies](/usc/20/1401.md?p=19-A) (including public charter schools that operate as [local educational agencies](/usc/20/1401.md?p=19-A)) in the [State](/usc/20/1401.md?p=31) that have established their eligibility under [section 1413 of this title](/usc/20/1413.md) for use in accordance with this subchapter.
  - (2) **Procedure for allocations to local educational agencies—** For each fiscal year for which funds are allocated to [States](/usc/20/1401.md?p=31) under [subsection (d)](#d), each [State](/usc/20/1401.md?p=31) shall allocate funds under [paragraph (1)](#f-1) as follows:
    - (A) **Base payments—** The [State](/usc/20/1401.md?p=31) shall first award each [local educational agency](/usc/20/1401.md?p=19-A) described in [paragraph (1)](#f-1) the amount the [local educational agency](/usc/20/1401.md?p=19-A) would have received under this section for fiscal year 1999, if the [State](/usc/20/1401.md?p=31) had distributed 75 percent of its grant for that year under [section 1411(d) of this title](#d) as [section 1411(d)](#d) was then in effect.
    - (B) **Allocation of remaining funds—** After making allocations under [subparagraph (A)](#f-2-A), the [State](/usc/20/1401.md?p=31) shall—
      - (i) allocate 85 percent of any remaining funds to those [local educational agencies](/usc/20/1401.md?p=19-A) on the basis of the relative numbers of children enrolled in public and private [elementary schools](/usc/20/1401.md?p=6) and [secondary schools](/usc/20/1401.md?p=27) within the [local educational agency](/usc/20/1401.md?p=19-A)’s jurisdiction; and
      - (ii) allocate 15 percent of those remaining funds to those [local educational agencies](/usc/20/1401.md?p=19-A) in accordance with their relative numbers of children living in poverty, as determined by the [State educational agency](/usc/20/1401.md?p=32).
  - (3) **Reallocation of funds—** If a [State educational agency](/usc/20/1401.md?p=32) determines that a [local educational agency](/usc/20/1401.md?p=19-A) is adequately providing a [free appropriate public education](/usc/20/1401.md?p=9) to all children with disabilities residing in the area served by that [local educational agency](/usc/20/1401.md?p=19-A) with [State](/usc/20/1401.md?p=31) and local funds, the [State educational agency](/usc/20/1401.md?p=32) may reallocate any portion of the funds under this subchapter that are not needed by that [local educational agency](/usc/20/1401.md?p=19-A) to provide a [free appropriate public education](/usc/20/1401.md?p=9) to other [local educational agencies](/usc/20/1401.md?p=19-A) in the [State](/usc/20/1401.md?p=31) that are not adequately providing [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A) to all children with disabilities residing in the areas served by those other [local educational agencies](/usc/20/1401.md?p=19-A).
- (g) **Definitions—** In this section:
  - (1) **Average per-pupil expenditure in public elementary schools and secondary schools in the United States—** The term “average per-pupil expenditure in public [elementary schools](/usc/20/1401.md?p=6) and [secondary schools](/usc/20/1401.md?p=27) in the United States” means—
    - (A) without regard to the source of funds—
      - (i) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all [local educational agencies](/usc/20/1401.md?p=19-A) in the 50 [States](/usc/20/1401.md?p=31) and the District of Columbia; plus
      - (ii) any direct expenditures by the [State](/usc/20/1401.md?p=31) for the operation of those agencies; divided by
    - (B) the aggregate number of children in average daily attendance to whom those agencies provided free public education during that preceding year.
  - (2) **State—** The term “[State](/usc/20/1401.md?p=31)” means each of the 50 [States](/usc/20/1401.md?p=31), the District of Columbia, and the Commonwealth of Puerto Rico.
- (h) **Use of amounts by Secretary of the Interior—**
  - (1) **Provision of amounts for assistance—**
    - (A) **In general—** The [Secretary](/usc/20/1401.md?p=28) of Education shall provide amounts to the [Secretary](/usc/20/1401.md?p=28) of the Interior to meet the need for assistance for the education of children with disabilities on reservations aged 5 to 21, inclusive, enrolled in [elementary schools](/usc/20/1401.md?p=6) and [secondary schools](/usc/20/1401.md?p=27) for [Indian](/usc/20/1401.md?p=12) children operated or funded by the [Secretary](/usc/20/1401.md?p=28) of the Interior. The amount of such payment for any fiscal year shall be equal to 80 percent of the amount allotted under [subsection (b)(2)](#b-2) for that fiscal year. Of the amount described in the preceding sentence—
      - (i) 80 percent shall be allocated to such schools by July 1 of that fiscal year; and
      - (ii) 20 percent shall be allocated to such schools by September 30 of that fiscal year.
    - (B) **Calculation of number of children—** In the case of [Indian](/usc/20/1401.md?p=12) students aged 3 to 5, inclusive, who are enrolled in programs affiliated with the Bureau of [Indian](/usc/20/1401.md?p=12) Affairs (referred to in this subsection as the “BIA”) schools and that are required by the [States](/usc/20/1401.md?p=31) in which such schools are located to attain or maintain [State](/usc/20/1401.md?p=31) accreditation, and which schools have such accreditation prior to October 7, 1991, the school shall be allowed to count those children for the purpose of distribution of the funds provided under this paragraph to the [Secretary](/usc/20/1401.md?p=28) of the Interior. The [Secretary](/usc/20/1401.md?p=28) of the Interior shall be responsible for meeting all of the requirements of this subchapter for those children, in accordance with [paragraph (2)](#h-2).
    - (C) **Additional requirement—** With respect to all other children aged 3 to 21, inclusive, on reservations, the [State educational agency](/usc/20/1401.md?p=32) shall be responsible for ensuring that all of the requirements of this subchapter are implemented.
  - (2) **Submission of information—** The [Secretary](/usc/20/1401.md?p=28) of Education may provide the [Secretary](/usc/20/1401.md?p=28) of the Interior amounts under [paragraph (1)](#h-1) for a fiscal year only if the [Secretary](/usc/20/1401.md?p=28) of the Interior submits to the [Secretary](/usc/20/1401.md?p=28) of Education information that—
    - (A) demonstrates that the [Department](/usc/20/1221.md?p=c-3) of the Interior meets the appropriate requirements, as determined by the [Secretary](/usc/20/1401.md?p=28) of Education, of [sections 1412](/usc/20/1412.md) of this title (including monitoring and evaluation activities) and [1413](/usc/20/1413.md) of this title;
    - (B) includes a description of how the [Secretary](/usc/20/1401.md?p=28) of the Interior will coordinate the provision of services under this subchapter with [local educational agencies](/usc/20/1401.md?p=19-A), tribes and tribal organizations, and other private and Federal service providers;
    - (C) includes an assurance that there are public hearings, adequate notice of such hearings, and an opportunity for comment afforded to members of tribes, tribal governing bodies, and affected local school boards before the adoption of the policies, programs, and procedures related to the requirements described in [subparagraph (A)](#h-2-A);
    - (D) includes an assurance that the [Secretary](/usc/20/1401.md?p=28) of the Interior will provide such information as the [Secretary](/usc/20/1401.md?p=28) of Education may require to comply with [section 1418 of this title](/usc/20/1418.md);
    - (E) includes an assurance that the [Secretary](/usc/20/1401.md?p=28) of the Interior and the [Secretary](/usc/20/1401.md?p=28) of Health and Human Services have entered into a memorandum of agreement, to be provided to the [Secretary](/usc/20/1401.md?p=28) of Education, for the coordination of services, resources, and [personnel](/usc/20/1451.md?p=b) between their respective Federal, [State](/usc/20/1401.md?p=31), and local offices and with [State](/usc/20/1401.md?p=31) and [local educational agencies](/usc/20/1401.md?p=19-A) and other entities to facilitate the provision of services to [Indian](/usc/20/1401.md?p=12) children with disabilities residing on or near reservations (such agreement shall provide for the apportionment of responsibilities and costs, including child find, evaluation, diagnosis, remediation or therapeutic measures, and (where appropriate) [equipment](/usc/20/1401.md?p=7) and medical or personal supplies as needed for a child to remain in school or a program); and
    - (F) includes an assurance that the [Department](/usc/20/1221.md?p=c-3) of the Interior will cooperate with the [Department](/usc/20/1221.md?p=c-3) of Education in its exercise of monitoring and oversight of this application, and any agreements entered into between the [Secretary](/usc/20/1401.md?p=28) of the Interior and other entities under this subchapter, and will fulfill its duties under this subchapter.
  - (3) **Applicability—** The [Secretary](/usc/20/1401.md?p=28) shall withhold payments under this subsection with respect to the information described in [paragraph (2)](#h-2) in the same manner as the [Secretary](/usc/20/1401.md?p=28) withholds payments under [section 1416(e)(6) of this title](/usc/20/1416.md?p=e-6).
  - (4) **Payments for education and services for Indian children with disabilities aged 3 through 5—**
    - (A) **In general—** With funds appropriated under [subsection (i)](#i), the [Secretary](/usc/20/1401.md?p=28) of Education shall make payments to the [Secretary](/usc/20/1401.md?p=28) of the Interior to be distributed to tribes or tribal organizations (as defined under [section 5304 of title 25](/usc/25/5304.md)) or consortia of tribes or tribal organizations to provide for the coordination of assistance for [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A) for children with disabilities aged 3 through 5 on reservations served by [elementary schools](/usc/20/1401.md?p=6) and [secondary schools](/usc/20/1401.md?p=27) for [Indian](/usc/20/1401.md?p=12) children operated or funded by the [Department](/usc/20/1221.md?p=c-3) of the Interior. The amount of such payments under [subparagraph (B)](#h-4-B) for any fiscal year shall be equal to 20 percent of the amount allotted under [subsection (b)(2)](#b-2).
    - (B) **Distribution of funds—** The [Secretary](/usc/20/1401.md?p=28) of the Interior shall distribute the total amount of the payment under [subparagraph (A)](#h-4-A) by allocating to each tribe, tribal organization, or consortium an amount based on the number of children with disabilities aged 3 through 5 residing on reservations as reported annually, divided by the total of those children served by all tribes or tribal organizations.
    - (C) **Submission of information—** To receive a payment under this paragraph, the tribe or tribal organization shall submit such figures to the [Secretary](/usc/20/1401.md?p=28) of the Interior as required to determine the amounts to be allocated under [subparagraph (B)](#h-4-B). This information shall be compiled and submitted to the [Secretary](/usc/20/1401.md?p=28) of Education.
    - (D) **Use of funds—** The funds received by a tribe or tribal organization shall be used to assist in child find, screening, and other procedures for the early identification of children aged 3 through 5, [parent](/usc/20/1401.md?p=23) training, and the provision of direct services. These activities may be carried out directly or through contracts or cooperative agreements with the BIA, [local educational agencies](/usc/20/1401.md?p=19-A), and other public or private [nonprofit](/usc/20/1401.md?p=21) organizations. The tribe or tribal organization is encouraged to involve [Indian](/usc/20/1401.md?p=12) [parents](/usc/20/1401.md?p=23) in the development and implementation of these activities. The tribe or tribal organization shall, as appropriate, make referrals to local, [State](/usc/20/1401.md?p=31), or Federal entities for the provision of services or further diagnosis.
    - (E) **Biennial report—** To be eligible to receive a grant pursuant to [subparagraph (A)](#h-4-A), the tribe or tribal organization shall provide to the [Secretary](/usc/20/1401.md?p=28) of the Interior a biennial report of activities undertaken under this paragraph, including the number of contracts and cooperative agreements entered into, the number of children contacted and receiving services for each year, and the estimated number of children needing services during the 2 years following the year in which the report is made. The [Secretary](/usc/20/1401.md?p=28) of the Interior shall include a summary of this information on a biennial basis in the report to the [Secretary](/usc/20/1401.md?p=28) of Education required under this subsection. The [Secretary](/usc/20/1401.md?p=28) of Education may require any additional information from the [Secretary](/usc/20/1401.md?p=28) of the Interior.
    - (F) **Prohibitions—** None of the funds allocated under this paragraph may be used by the [Secretary](/usc/20/1401.md?p=28) of the Interior for administrative purposes, including child count and the provision of technical assistance.
  - (5) **Plan for coordination of services—** The [Secretary](/usc/20/1401.md?p=28) of the Interior shall develop and implement a plan for the coordination of services for all [Indian](/usc/20/1401.md?p=12) children with disabilities residing on reservations covered under this chapter. Such plan shall provide for the coordination of services benefiting those children from whatever source, including tribes, the [Indian](/usc/20/1401.md?p=12) Health Service, other BIA divisions, and other Federal agencies. In developing the plan, the [Secretary](/usc/20/1401.md?p=28) of the Interior shall consult with all interested and involved parties. The plan shall be based on the needs of the children and the system best suited for meeting those needs, and may involve the establishment of cooperative agreements between the BIA, other Federal agencies, and other entities. The plan shall also be distributed upon request to [States](/usc/20/1401.md?p=31), [State educational agencies](/usc/20/1401.md?p=32) and [local educational agencies](/usc/20/1401.md?p=19-A), and other agencies providing services to infants, toddlers, and children with disabilities, to tribes, and to other interested parties.
  - (6) **Establishment of advisory board—** To meet the requirements of [section 1412(a)(21) of this title](/usc/20/1412.md?p=a-21), the [Secretary](/usc/20/1401.md?p=28) of the Interior shall establish, under the BIA, an advisory board composed of individuals involved in or concerned with the education and provision of services to [Indian](/usc/20/1401.md?p=12) infants, toddlers, children, and youth with disabilities, including [Indians](/usc/20/1401.md?p=12) with disabilities, [Indian](/usc/20/1401.md?p=12) [parents](/usc/20/1401.md?p=23) or guardians of such children, teachers, service providers, [State](/usc/20/1401.md?p=31) and local educational officials, representatives of tribes or tribal organizations, representatives from [State](/usc/20/1401.md?p=31) Interagency Coordinating Councils under [section 1441 of this title](/usc/20/1441.md) in [States](/usc/20/1401.md?p=31) having reservations, and other members representing the various divisions and entities of the BIA. The chairperson shall be selected by the [Secretary](/usc/20/1401.md?p=28) of the Interior. The advisory board shall—
    - (A) assist in the coordination of services within the BIA and with other local, [State](/usc/20/1401.md?p=31), and Federal agencies in the provision of education for infants, toddlers, and children with disabilities;
    - (B) advise and assist the [Secretary](/usc/20/1401.md?p=28) of the Interior in the performance of the [Secretary](/usc/20/1401.md?p=28) of the Interior’s responsibilities described in this subsection;
    - (C) develop and recommend policies concerning effective inter- and intra-agency collaboration, including modifications to regulations, and the elimination of barriers to inter- and intra-agency programs and activities;
    - (D) provide assistance and disseminate information on best practices, effective program coordination strategies, and recommendations for improved early intervention services or educational programming for [Indian](/usc/20/1401.md?p=12) infants, toddlers, and children with disabilities; and
    - (E) provide assistance in the preparation of information required under [paragraph (2)(D)](#h-2-D).
  - (7) **Annual reports—**
    - (A) **In general—** The advisory board established under [paragraph (6)](#h-6) shall prepare and submit to the [Secretary](/usc/20/1401.md?p=28) of the Interior and to Congress an annual report containing a description of the activities of the advisory board for the preceding year.
    - (B) **Availability—** The [Secretary](/usc/20/1401.md?p=28) of the Interior shall make available to the [Secretary](/usc/20/1401.md?p=28) of Education the report described in [subparagraph (A)](#h-7-A).
- (i) **Authorization of appropriations—** For the purpose of carrying out this subchapter, other than [section 1419 of this title](/usc/20/1419.md), there are authorized to be appropriated—
  - (1) $12,358,376,571 for fiscal year 2005;
  - (2) $14,648,647,143 for fiscal year 2006;
  - (3) $16,938,917,714 for fiscal year 2007;
  - (4) $19,229,188,286 for fiscal year 2008;
  - (5) $21,519,458,857 for fiscal year 2009;
  - (6) $23,809,729,429 for fiscal year 2010;
  - (7) $26,100,000,000 for fiscal year 2011; and
  - (8) such sums as may be necessary for fiscal year 2012 and each succeeding fiscal year.

## Source credit

(Pub. L. 91–230, title VI, § 611, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2662; amended Pub. L. 114–95, title IX, § 9215(ss)(2), Dec. 10, 2015, 129 Stat. 2181; Pub. L. 118–42, div. G, title II, § 209(b)(3), Mar. 9, 2024, 138 Stat. 442.)

## Notes

### Editorial Notes

### References in Text

Public Law 95–134, referred to in subsec. (b)(1)(B), is Pub. L. 95–134, Oct. 15, 1977, 91 Stat. 1159. Provisions relating to consolidation of grants are contained in section 501 of Pub. L. 95–134 which is classified to section 1469a of Title 48, Territories and Insular Possessions.

The Social Security Act, referred to in subsec. (e)(3)(H), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

### Prior Provisions

A prior section 1411, Pub. L. 91–230, title VI, § 611, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 49, related to authorization, allotment, use of funds, and authorization of appropriations, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.

Another prior section 1411, Pub. L. 91–230, title VI, § 611, Apr. 13, 1970, 84 Stat. 178; Pub. L. 93–380, title VI, § 614(a), (e)(1), (2), Aug. 21, 1974, 88 Stat. 580, 582; Pub. L. 94–142, §§ 2(a)(1)–(3), 5(a), (c), Nov. 29, 1975, 89 Stat. 773, 776, 794; Pub. L. 95–561, title XIII, § 1341(a), Nov. 1, 1978, 92 Stat. 2364; Pub. L. 96–270, § 13, June 14, 1980, 94 Stat. 498; Pub. L. 98–199, §§ 3(b), 15, Dec. 2, 1983, 97 Stat. 1358, 1374; Pub. L. 99–159, title VI, § 601, Nov. 22, 1985, 99 Stat. 904; Pub. L. 99–362, § 2, July 9, 1986, 100 Stat. 769; Pub. L. 99–457, title II, § 201(b), title IV, §§ 403, 404, Oct. 8, 1986, 100 Stat. 1158, 1173; Pub. L. 100–630, title I, § 102(a), Nov. 7, 1988, 102 Stat. 3290; Pub. L. 101–476, title II, § 201, title IX, § 901(b)(25)–(32), Oct. 30, 1990, 104 Stat. 1111, 1143; Pub. L. 102–73, title VIII, § 802(d)(2), (3), July 25, 1991, 105 Stat. 361; Pub. L. 102–119, §§ 4, 25(a)(4), (19), (b), Oct. 7, 1991, 105 Stat. 587, 606, 607; Pub. L. 103–382, title III, § 311, Oct. 20, 1994, 108 Stat. 3931, related to entitlements and allocations, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.

### Amendments

2024—Subsec. (b)(1)(A). Pub. L. 118–42 added subpar. (A) and struck out former subpar. (A) which related to reserving appropriated funds to provide assistance to outlying areas and grants to freely associated States.

2015—Subsec. (e)(2)(C)(x). Pub. L. 114–95, § 9215(ss)(2)(A)(i), substituted “6361 of this title” for “7301 of this title”.

Subsec. (e)(2)(C)(xi). Pub. L. 114–95, § 9215(ss)(2)(A)(ii), substituted “including direct student services described in section 6303b(c)(3) of this title to children with disabilities, to schools or local educational agencies implementing comprehensive support and improvement activities or targeted support and improvement activities under section 6311(d) of this title on the basis of consistent underperformance of the disaggregated subgroup of children with disabilities” for “including supplemental educational services as defined in 6316(e) of this title to children with disabilities, in schools or local educational agencies identified for improvement under section 6316 of this title on the sole basis of the assessment results of the disaggregated subgroup of children with disabilities” and “based on the challenging academic standards described in section 6311(b)(1) of this title” for “to meet or exceed the objectives established by the State under section 6311(b)(2)(G) of this title”.

Subsec. (e)(3)(C)(ii)(I)(bb). Pub. L. 114–95, § 9215(ss)(2)(B), made technical amendment to reference in original act which appears in text as reference to section 7801 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of this title.

### Effective Date

Subchapter effective July 1, 2005, see section 302(a) of Pub. L. 108–446, set out as a note under section 1400 of this title.

### Effect of Reduction

Pub. L. 119–75, div. B, title III, Feb. 3, 2026, 140 Stat. 297, provided in part: “That the Secretary [of Education] may, in any fiscal year in which a State’s allocation under section 611 [20 U.S.C. 1411] is reduced in accordance with section 612(a)(18)(B) [20 U.S.C. 1412(a)(18)(B)], reduce the amount a State may reserve under section 611(e)(1) [20 U.S.C. 1411(e)(1)] by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under section 612(a)(18)(B) bears to the total allocation the State would have received in that fiscal year under section 611(d) [20 U.S.C. 1411(d)] in the absence of the reduction: Provided further, That the Secretary shall either reduce the allocation of funds under section 611 for any fiscal year following the fiscal year for which the State fails to comply with the requirement of section 612(a)(18)(A) [20 U.S.C. 1412(a)(18)(A)] as authorized by section 612(a)(18)(B), or seek to recover funds under section 452 of the General Education Provisions Act (20 U.S.C. 1234a)”.

Similar provisions were contained in the following prior appropriation act:

Pub. L. 118–47, div. D, title III, Mar. 23, 2024, 138 Stat. 685.

Pub. L. 119–75, div. B, title III, Feb. 3, 2026, 140 Stat. 297, provided in part: “That the amount by which a State’s allocation under section 611(d) of the IDEA [Individuals with Disabilities Education Act, 20 U.S.C. 1411(d)] is reduced under section 612(a)(18)(B) [20 U.S.C. 1412(a)(18)(B)] and the amounts distributed to States under the previous provisos in fiscal year 2012 or any subsequent year shall not be considered in calculating the awards under section 611(d) for fiscal year 2013 or for any subsequent fiscal years”.

Similar provisions were contained in the following prior appropriation acts:

Pub. L. 118–47, div. D, title III, Mar. 23, 2024, 138 Stat. 685.

Pub. L. 117–328, div. H, title III, Dec. 29, 2022, 136 Stat. 4890.

Pub. L. 117–103, div. H, title III, Mar. 15, 2022, 136 Stat. 478.

Pub. L. 116–260, div. H, title III, Dec. 27, 2020, 134 Stat. 1601.

Pub. L. 116–94, div. A, title III, Dec. 20, 2019, 133 Stat. 2589, 2590.

Pub. L. 115–245, div. B, title III, Sept. 28, 2018, 132 Stat. 3100.

Pub. L. 115–141, div. H, title III, Mar. 23, 2018, 132 Stat. 744.

Pub. L. 115–31, div. H, title III, May 5, 2017, 131 Stat. 547.

Pub. L. 114–113, div. H, title III, Dec. 18, 2015, 129 Stat. 2633.

Pub. L. 113–235, div. G, title III, Dec. 16, 2014, 128 Stat. 2499.

Pub. L. 113–76, div. H, title III, Jan. 17, 2014, 128 Stat. 394.