---
kind: "section"
citation: "20 U.S.C. § 6393"
title: "20"
title_heading: "Education"
number: "6393"
heading: "State allocations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/6393"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter I — Improving the Academic Achievement of the Disadvantaged"
  - "Part C — Education of Migratory Children"
---

# §6393. State allocations

- (a) **State allocations—** Except as provided in [subsection (c)](#c), each [State](/usc/20/7171.md?p=b-6) (other than the Commonwealth of Puerto Rico) is entitled to receive under this part an amount equal to the product of—
  - (1) the sum of—
    - (A) the average number of identified eligible migratory children aged 3 through 21 residing in the [State](/usc/20/7171.md?p=b-6), based on data for the preceding 3 years; and
    - (B) the number of identified eligible migratory children, aged 3 through 21, who received services under this part in summer or intersession programs provided by the [State](/usc/20/7171.md?p=b-6) during the previous year; multiplied by
  - (2) 40 percent of the [average per-pupil expenditure](/usc/20/7801.md?p=2) in the [State](/usc/20/7171.md?p=b-6), except that the amount determined under this paragraph shall not be less than 32 percent, nor more than 48 percent, of the [average per-pupil expenditure](/usc/20/7801.md?p=2) in the United States.
- (b) **Hold harmless—** Notwithstanding [subsection (a)](#a), for each of fiscal years 2017 through 2019, no [State](/usc/20/7171.md?p=b-6) shall receive less than 90 percent of the [State](/usc/20/7171.md?p=b-6)’s allocation under this section for the preceding fiscal year.
- (c) **Allocation to Puerto Rico—**
  - (1) **In general—** For each fiscal year, the grant that 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-1) if such subsection applied to the Commonwealth of Puerto Rico by the product of—
    - (A) the percentage that the [average per-pupil expenditure](/usc/20/7801.md?p=2) in the Commonwealth of Puerto Rico is of the lowest [average per-pupil expenditure](/usc/20/7801.md?p=2) of any of the 50 [States](/usc/20/7171.md?p=b-6), subject to paragraphs [(2)](#c-2) and [(3)](#c-3); and
    - (B) 32 percent of the [average per-pupil expenditure](/usc/20/7801.md?p=2) in the United States.
  - (2) **Minimum percentage—** The percentage described in [paragraph (1)(A)](#c-1-A) shall not be less than 85 percent.
  - (3) **Limitation—** If the application of [paragraph (2)](#c-2) for any fiscal year would result in any of the 50 [States](/usc/20/7171.md?p=b-6) 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)](#c-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)](#c-1-A) for such fiscal year or the percentage used for the preceding fiscal year.
- (d) **Ratable reductions; reallocations—**
  - (1) **In general—**
    - (A) **Ratable reductions—** If, after the [Secretary](/usc/20/7801.md?p=46) reserves funds under [section 6398(c) of this title](/usc/20/6398.md?p=c), the amount appropriated to carry out this part for any fiscal year is insufficient to pay in full the amounts for which all [States](/usc/20/7171.md?p=b-6) are eligible, the [Secretary](/usc/20/7801.md?p=46) shall ratably reduce each such amount.
    - (B) **Reallocation—** If additional funds become available for making such payments for any fiscal year, the [Secretary](/usc/20/7801.md?p=46) shall allocate such funds to [States](/usc/20/7171.md?p=b-6) in amounts that the [Secretary](/usc/20/7801.md?p=46) determines will best carry out the purposes of this part.
  - (2) **Special rule—**
    - (A) **Further reductions—** The [Secretary](/usc/20/7801.md?p=46) shall further reduce the amount of any grant to a [State](/usc/20/7171.md?p=b-6) under this part for any fiscal year if the [Secretary](/usc/20/7801.md?p=46) determines, based on available information on the numbers and needs of migratory children in the [State](/usc/20/7171.md?p=b-6) and the program proposed by the [State](/usc/20/7171.md?p=b-6) to address such needs, that such amount exceeds the amount required under [section 6394 of this title](/usc/20/6394.md).
    - (B) **Reallocation—** The [Secretary](/usc/20/7801.md?p=46) shall reallocate such excess funds to other [States](/usc/20/7171.md?p=b-6) whose grants under this part would otherwise be insufficient to provide an appropriate level of services to migratory children, in such amounts as the [Secretary](/usc/20/7801.md?p=46) determines are appropriate.
- (e) **Consortium arrangements—**
  - (1) **In general—** In the case of a [State](/usc/20/7171.md?p=b-6) that receives a grant of $1,000,000 or less under this section, the [Secretary](/usc/20/7801.md?p=46) shall consult with the [State educational agency](/usc/20/7801.md?p=49) to determine whether consortium arrangements with another [State](/usc/20/7171.md?p=b-6) or other appropriate entity would result in delivery of services in a more effective and efficient manner.
  - (2) **Proposals—** Any [State](/usc/20/7171.md?p=b-6), regardless of the amount of such [State](/usc/20/7171.md?p=b-6)’s allocation, may submit a consortium arrangement to the [Secretary](/usc/20/7801.md?p=46) for approval.
  - (3) **Approval—** The [Secretary](/usc/20/7801.md?p=46) shall approve a consortium arrangement under paragraph [(1)](#e-1) or [(2)](#e-2) if the proposal demonstrates that the arrangement will—
    - (A) reduce administrative costs or program function costs for [State](/usc/20/7171.md?p=b-6) programs; and
    - (B) make more funds available for direct services to add substantially to the academic achievement of children to be served under this part.
- (f) **Determining numbers of eligible children—** In order to determine the identified number of migratory children residing in each [State](/usc/20/7171.md?p=b-6) for purposes of this section, the [Secretary](/usc/20/7801.md?p=46) shall—
  - (1) use the most recent information that most accurately reflects the actual number of migratory children;
  - (2) develop and implement a procedure for monitoring the accuracy of such information;
  - (3) develop and implement a procedure for more accurately reflecting cost factors for different types of summer and intersession program designs;
  - (4) adjust the number of migratory children who reside in each [State](/usc/20/7171.md?p=b-6) to take into account—
    - (A) the unique needs of those children participating in effective special programs provided under this part that operate during the summer and intersession periods; and
    - (B) the additional costs of operating such programs; and
  - (5) conduct an analysis of the options for adjusting the formula so as to better direct services to migratory children, including the most [at-risk](/usc/20/6472.md?p=2) migratory children.
- (g) **Nonparticipating States—** In the case of a [State](/usc/20/7171.md?p=b-6) desiring to receive an allocation under this part for a fiscal year that did not receive an allocation for the previous fiscal year or that has been participating for less than 3 consecutive years, the [Secretary](/usc/20/7801.md?p=46) shall calculate the [State](/usc/20/7171.md?p=b-6)’s number of identified migratory children aged 3 through 21 for purposes of [subsection (a)(1)(A)](#a-1-A) by using the most recent data available that identifies the migratory children residing in the [State](/usc/20/7171.md?p=b-6) until data is available to calculate the 3-year average number of such children in accordance with such subsection.

## Source credit

(Pub. L. 89–10, title I, § 1303, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1571; amended Pub. L. 114–95, title I, § 1301(b), Dec. 10, 2015, 129 Stat. 1894.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 6393, Pub. L. 89–10, title I, § 1303, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3585, related to State allocations, prior to the general amendment of this subchapter by Pub. L. 107–110.

### Amendments

2015—Subsecs. (a), (b). Pub. L. 114–95, § 1301(b)(2), added subsecs. (a) and (b) and struck out former subsecs. (a) and (b) which related to State allocations for fiscal year 2002 and subsequent years and allocation to Puerto Rico for each fiscal year.

Subsec. (c). Pub. L. 114–95, § 1301(b)(2), added subsec. (c). Former subsec. (c) redesignated (d).

Subsec. (d). Pub. L. 114–95, § 1301(b)(1), (3), redesignated subsec. (c) as (d), in par. (1) inserted subpar. headings after subpar. (A) and (B) designations, in par. (1), subpar. (B), substituted “purposes” for “purpose”, and in par. (2) inserted subpar. headings after subpar. (A) and (B) designations. Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 114–95, § 1301(b)(1), (4), redesignated subsec. (d) as (e) and in par. (3)(B) substituted “the academic achievement of children” for “the welfare or educational attainment of children”. Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 114–95, § 1301(b)(1), (5)(A), redesignated subsec. (e) as (f) and in introductory provisions substituted “identified number” for “estimated number”.

Subsec. (f)(1). Pub. L. 114–95, § 1301(b)(5)(B), added par. (1) and struck out former par. (1) which read as follows: “use such information as the Secretary finds most accurately reflects the actual number of migratory children;”.

Subsec. (f)(2), (3). Pub. L. 114–95, § 1301(b)(5)(C), (D), added par. (2) and redesignated former par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (f)(4). Pub. L. 114–95, § 1301(b)(5)(C), (E), redesignated par. (3) as (4), in introductory provisions struck out “full-time equivalent” before “number”, and in subpar. (A) substituted “unique needs” for “special needs” and “effective special programs provided under this part” for “special programs provided under this part”. Former par. (4) redesignated (5).

Subsec. (f)(5). Pub. L. 114–95, § 1301(b)(5)(C), (F), redesignated par. (4) as (5) and substituted “migratory children, including the most at-risk migratory children” for “the child whose education has been interrupted”.

Subsec. (g). Pub. L. 114–95, § 1301(b)(6), added subsec. (g).

### 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.

### Migrant Education Program

Pub. L. 116–211, § 3, Dec. 4, 2020, 134 Stat. 1018, provided that: “Due to the public health emergency relating to COVID–19 and notwithstanding subsections (a)(1) and (f)(1) of section 1303 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6393), for the purposes of making determinations under subsections (a)(1) and (f) of such section 1303 for fiscal year 2021 and all subsequent fiscal years for which school year 2019–2020 data would be used in the calculations under section 1303(a)(1) of such Act, the Secretary of Education shall use school year 2018–2019 data or school year 2019–2020 data, whichever data are greater, wherever school year 2019–2020 data would otherwise be required.”