---
kind: "section"
citation: "20 U.S.C. § 1419"
title: "20"
title_heading: "Education"
number: "1419"
heading: "Preschool grants"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/1419"
units:
  - "Chapter 33 — Education of Individuals with Disabilities"
  - "Subchapter II — Assistance for Education of All Children with Disabilities"
---

# §1419. Preschool grants

- (a) **In general—** The [Secretary](/usc/20/1401.md?p=28) shall provide grants under this section to assist [States](/usc/20/1401.md?p=31) to provide [special education](/usc/20/1401.md?p=29) and [related services](/usc/20/1401.md?p=26-A), in accordance with this subchapter—
  - (1) to children with disabilities aged 3 through 5, inclusive; and
  - (2) at the [State](/usc/20/1401.md?p=31)’s discretion, to 2-year-old children with disabilities who will turn 3 during the school year.
- (b) **Eligibility—** A [State](/usc/20/1401.md?p=31) shall be eligible for a grant under this section if such [State](/usc/20/1401.md?p=31)—
  - (1) is eligible under [section 1412 of this title](/usc/20/1412.md) to receive a grant under this subchapter; and
  - (2) makes a [free appropriate public education](/usc/20/1401.md?p=9) available to all children with disabilities, aged 3 through 5, residing in the [State](/usc/20/1401.md?p=31).
- (c) **Allocations to States—**
  - (1) **In general—** The [Secretary](/usc/20/1401.md?p=28) shall allocate the amount made available to carry out this section for a fiscal year among the [States](/usc/20/1401.md?p=31) in accordance with paragraph [(2)](#c-2) or [(3)](#c-3), as the case may be.
  - (2) **Increase in funds—** If the amount available for allocations to [States](/usc/20/1401.md?p=31) under [paragraph (1)](#c-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 section for the preceding fiscal year, those allocations shall be calculated as follows:
    - (A) **Allocation—**
      - (i) **In general—** Except as provided in [subparagraph (B)](#c-2-B), the [Secretary](/usc/20/1401.md?p=28) shall—
        - (I) allocate 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 1997;
        - (II) allocate 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 5; and
        - (III) allocate 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 all children aged 3 through 5 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)](#c-2-A), allocations under this paragraph shall be subject to the following:
      - (i) **Preceding years—** 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 1997; and
          - (bb) ⅓ of 1 percent of the amount by which the amount appropriated under [subsection (j)](#j) for the fiscal year exceeds the amount appropriated for this section for fiscal year 1997;
        - (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 under 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 under this section from the preceding fiscal year.
      - (iii) **Maximum—** Notwithstanding [clause (ii)](#c-2-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 reductions—** 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)](#c-2-B-i).
  - (3) **Decrease in funds—** If the amount available for allocations to [States](/usc/20/1401.md?p=31) under [paragraph (1)](#c-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) **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 1997, 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 1997; 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 1997 bears to the total of all such increases for all [States](/usc/20/1401.md?p=31).
    - (B) **Ratable reductions—** If the amount available for allocations is equal to or less than the amount allocated to the [States](/usc/20/1401.md?p=31) for fiscal year 1997, 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 1997, ratably reduced, if necessary.
- (d) **Reservation for State activities—**
  - (1) **In general—** Each [State](/usc/20/1401.md?p=31) may reserve not more than the amount described in [paragraph (2)](#d-2) for administration and other [State](/usc/20/1401.md?p=31)-level activities in accordance with subsections [(e)](#e) and [(f)](#f).
  - (2) **Amount described—** For each fiscal year, the [Secretary](/usc/20/1401.md?p=28) shall determine and report to the [State educational agency](/usc/20/1401.md?p=32) an amount that is 25 percent of the amount the [State](/usc/20/1401.md?p=31) received under this section for fiscal year 1997, cumulatively adjusted by the [Secretary](/usc/20/1401.md?p=28) for each succeeding fiscal year by the lesser of—
    - (A) the percentage increase, if any, from the preceding fiscal year in the [State](/usc/20/1401.md?p=31)’s allocation under this section; or
    - (B) 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.
- (e) **State administration—**
  - (1) **In general—** For the purpose of administering this section (including the coordination of activities under this subchapter with, and providing technical assistance to, other programs that provide services to children with disabilities) a [State](/usc/20/1401.md?p=31) may use not more than 20 percent of the maximum amount the [State](/usc/20/1401.md?p=31) may reserve under [subsection (d)](#d) for any fiscal year.
  - (2) **Administration of subchapter III—** Funds described in [paragraph (1)](#e-1) may also be used for the administration of subchapter III.
- (f) **Other State-level activities—** Each [State](/usc/20/1401.md?p=31) shall use any funds the [State](/usc/20/1401.md?p=31) reserves under [subsection (d)](#d) and does not use for administration under [subsection (e)](#e)—
  - (1) for support services (including establishing and implementing the mediation process required by [section 1415(e) of this title](/usc/20/1415.md?p=e)), which may benefit children with disabilities younger than 3 or older than 5 as long as those services also benefit children with disabilities aged 3 through 5;
  - (2) for direct services for children eligible for services under this section;
  - (3) for activities at the [State](/usc/20/1401.md?p=31) and local levels to meet the performance goals established by the [State](/usc/20/1401.md?p=31) under [section 1412(a)(15) of this title](/usc/20/1412.md?p=a-15);
  - (4) to supplement other funds used to develop and implement a statewide coordinated services system designed to improve results for children and families, including children with disabilities and their families, but not more than 1 percent of the amount received by the [State](/usc/20/1401.md?p=31) under this section for a fiscal year;
  - (5) 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 this section 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
  - (6) at the [State](/usc/20/1401.md?p=31)’s discretion, to continue service coordination or case management for families who receive services under subchapter III.
- (g) **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 all of the grant funds that the [State](/usc/20/1401.md?p=31) does not reserve under [subsection (d)](#d) to [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), 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)](#g-1) the amount that agency would have received under this section for fiscal year 1997 if the [State](/usc/20/1401.md?p=31) had distributed 75 percent of its grant for that year under [section 1419(c)(3) of this title](#c-3), as such section was then in effect.
    - (B) **Allocation of remaining funds—** After making allocations under [subparagraph (A)](#g-1-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).
  - (2) **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 aged 3 through 5 residing in the area served by the [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 section 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 aged 3 through 5 residing in the areas the other [local educational agencies](/usc/20/1401.md?p=19-A) serve.
- (h) **Subchapter III inapplicable—** Subchapter III does not apply to any [child with a disability](/usc/20/1401.md?p=3-A) receiving a [free appropriate public education](/usc/20/1401.md?p=9), in accordance with this subchapter, with funds received under this section.
- (i) **State defined—** In this section, 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.
- (j) **Authorization of appropriations—** There are authorized to be appropriated to carry out this section such sums as may be necessary.

## Source credit

(Pub. L. 91–230, title VI, § 619, as added Pub. L. 108–446, title I, § 101, Dec. 3, 2004, 118 Stat. 2740.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1419, Pub. L. 91–230, title VI, § 619, as added Pub. L. 105–17, title I, § 101, June 4, 1997, 111 Stat. 102, related to preschool grants, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 108–446.

Another prior section 1419, Pub. L. 91–230, title VI, § 619, as added Pub. L. 94–142, § 5(a), Nov. 29, 1975, 89 Stat. 793; amended Pub. L. 98–199, §§ 3(b), 9, Dec. 2, 1983, 97 Stat. 1358, 1363; Pub. L. 99–457, title II, § 201(a), Oct. 8, 1986, 100 Stat. 1155; Pub. L. 100–630, title I, § 102(i), Nov. 7, 1988, 102 Stat. 3296; Pub. L. 101–476, title IX, § 901(b)(79)–(93), Oct. 30, 1990, 104 Stat. 1145, 1146; Pub. L. 102–119, §§ 7, 25(b), Oct. 7, 1991, 105 Stat. 591, 607, related to preschool grants, prior to the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.

A prior section 1420, Pub. L. 91–230, title VI, § 620, as added Pub. L. 94–142, § 5(a), Nov. 29, 1975, 89 Stat. 793; amended Pub. L. 98–199, § 3(b), Dec. 2, 1983, 97 Stat. 1358, which related to payments to States and distribution by States to local educational agencies and intermediate educational units, was omitted in the general amendment of subchapters I to IV of this chapter by Pub. L. 105–17.

Prior sections 1421 to 1427, which comprised former subchapter III of this chapter, were repealed by Pub. L. 105–17, title II, § 203(c), June 4, 1997, 111 Stat. 157, effective Oct. 1, 1997.

Section 1421, Pub. L. 91–230, title VI, § 621, Apr. 13, 1970, 84 Stat. 181; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1363; Pub. L. 99–457, title III, § 301, Oct. 8, 1986, 100 Stat. 1159; Pub. L. 100–630, title I, § 103(b), Nov. 7, 1988, 102 Stat. 3296; Pub. L. 101–476, title III, § 301, title IX, § 901(b)(95)–(99), Oct. 30, 1990, 104 Stat. 1117, 1146; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607, related to establishment and operation of regional and Federal resource centers.

Section 1422, Pub. L. 91–230, title VI, § 622, Apr. 13, 1970, 84 Stat. 182; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1364; Pub. L. 99–457, title III, § 302, Oct. 8, 1986, 100 Stat. 1160; Pub. L. 100–630, title I, § 103(c), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 302, Oct. 30, 1990, 104 Stat. 1118; Pub. L. 102–119, § 25(a)(8), Oct. 7, 1991, 105 Stat. 606; Pub. L. 103–382, title III, § 391(f)(3), Oct. 20, 1994, 108 Stat. 4023, related to services for deaf-blind children and youth.

Section 1423, Pub. L. 91–230, title VI, § 623, Apr. 13, 1970, 84 Stat. 183; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1365; Pub. L. 99–457, title III, § 303, Oct. 8, 1986, 100 Stat. 1161; Pub. L. 100–630, title I, § 103(d), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 303, title IX, § 901(b)(100)–(106), Oct. 30, 1990, 104 Stat. 1121, 1146, 1147; Pub. L. 102–119, §§ 8, 25(a)(9), (b), Oct. 7, 1991, 105 Stat. 592, 606, 607, related to early education for children with disabilities.

Section 1424, Pub. L. 91–230, title VI, § 624, Apr. 13, 1970, 84 Stat. 183; Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1366; Pub. L. 99–457, title III, § 304, Oct. 8, 1986, 100 Stat. 1162; Pub. L. 100–630, title I, § 103(e), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 304, title IX, § 901(b)(107)–(110), Oct. 30, 1990, 104 Stat. 1122, 1147; Pub. L. 102–119, § 25(a)(10), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to programs for children with severe disabilities.

Section 1424a, Pub. L. 91–230, title VI, § 625, as added Pub. L. 93–380, title VI, § 616, Aug. 21, 1974, 88 Stat. 584; amended Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367; Pub. L. 99–457, title III, § 305, Oct. 8, 1986, 100 Stat. 1162; Pub. L. 100–630, title I, § 103(f), Nov. 7, 1988, 102 Stat. 3297; Pub. L. 101–476, title III, § 305, title IX, § 901(b)(111)–(118), Oct. 30, 1990, 104 Stat. 1123, 1147; Pub. L. 102–119, § 25(b), Oct. 7, 1991, 105 Stat. 607; Pub. L. 102–421, title II, § 201(a), Oct. 16, 1992, 106 Stat. 2164, related to programs of postsecondary, vocational, technical, continuing, or adult education for individuals with disabilities.

Section 1425, Pub. L. 91–230, title VI, § 626, formerly § 625, Apr. 13, 1970, 84 Stat. 183, renumbered § 626, Pub. L. 93–380, title VI, § 616, Aug. 21, 1974, 88 Stat. 584; amended Pub. L. 98–199, §§ 3(b), 10, Dec. 2, 1983, 97 Stat. 1358, 1367; Pub. L. 99–457, title III, § 306, Oct. 8, 1986, 100 Stat. 1163; Pub. L. 100–630, title I, § 103(g), Nov. 7, 1988, 102 Stat. 3298; Pub. L. 101–476, title III, § 306, title IX, § 901(b)(119)–(127), Oct. 30, 1990, 104 Stat. 1124, 1147, 1148; Pub. L. 102–119, § 25(a)(11), (b), Oct. 7, 1991, 105 Stat. 606, 607, related to secondary education and transitional services for youth with disabilities.

Section 1426, Pub. L. 91–230, title VI, § 627, formerly § 626, Apr. 13, 1970, 84 Stat. 184, renumbered § 627 and amended Pub. L. 93–380, title VI, §§ 616, 617, Aug. 21, 1974, 88 Stat. 584; Pub. L. 95–49, § 2, June 17, 1977, 91 Stat. 230; Pub. L. 98–199, § 10, Dec. 2, 1983, 97 Stat. 1368; Pub. L. 101–476, title III, § 307, Oct. 30, 1990, 104 Stat. 1127, related to programs for children and youth with serious emotional disturbance.

Section 1427, Pub. L. 91–230, title VI, § 628, as added Pub. L. 98–199, § 10, Dec. 2, 1983, 97 Stat. 1368; amended Pub. L. 99–457, title III, § 307, Oct. 8, 1986, 100 Stat. 1165; Pub. L. 101–476, title III, § 308, Oct. 30, 1990, 104 Stat. 1128, authorized appropriations.

### Statutory Notes and Related Subsidiaries

### Preschool Grants

Pub. L. 100–630, title I, § 110, Nov. 7, 1988, 102 Stat. 3303, as amended by Pub. L. 101–476, title IX, § 901(a)(3), Oct. 30, 1990, 104 Stat. 1142, provided that: “The provisions of section 300.300(b)(3) of title 34, Code of Federal Regulations, shall not apply with respect to children aged 3 through 5, inclusive, in any State for any fiscal year for which the State receives a grant under section 619(a)(1) of the Individuals with Disabilities Education Act [20 U.S.C. 1419(a)(1)].”