---
kind: "section"
citation: "20 U.S.C. § 6339"
title: "20"
title_heading: "Education"
number: "6339"
heading: "Carryover and waiver"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/6339"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter I — Improving the Academic Achievement of the Disadvantaged"
  - "Part A — Improving Basic Programs Operated by Local Educational Agencies"
  - "Subpart 2 — allocations"
---

# §6339. Carryover and waiver

- (a) **Limitation on carryover—** Notwithstanding [section 1225(b) of this title](/usc/20/1225.md?p=b) or any other provision of law, not more than 15 percent of the funds allocated to a [local educational agency](/usc/20/7801.md?p=30-A) for any fiscal year under this subpart (but not including funds received through any reallocation under this subpart) may remain available for obligation by such agency for one additional fiscal year.
- (b) **Waiver—** A [State educational agency](/usc/20/7801.md?p=49) may, once every 3 years, waive the percentage limitation in [subsection (a)](#a) if—
  - (1) the agency determines that the request of a [local educational agency](/usc/20/7801.md?p=30-A) is reasonable and necessary; or
  - (2) supplemental appropriations for this subpart become available.
- (c) **Exclusion—** The percentage limitation under [subsection (a)](#a) shall not apply to any [local educational agency](/usc/20/7801.md?p=30-A) that receives less than $50,000 under this subpart for any fiscal year.

## Source credit

(Pub. L. 89–10, title I, § 1127, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1127 of Pub. L. 89–10 was classified to section 6338 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.