---
kind: "section"
citation: "20 U.S.C. § 6432"
title: "20"
title_heading: "Education"
number: "6432"
heading: "Allocation of funds"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/6432"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter I — Improving the Academic Achievement of the Disadvantaged"
  - "Part D — Prevention and Intervention Programs for Children and Youth Who Are Neglected, Delinquent, or At-Risk"
  - "Subpart 1 — state agency programs"
---

# §6432. Allocation of funds

- (a) **Subgrants to State agencies—**
  - (1) **In general—** Each [State](/usc/20/7171.md?p=b-6) agency described in [section 6431 of this title](/usc/20/6431.md) (other than an agency in the Commonwealth of Puerto Rico) is eligible to receive a subgrant under this subpart, for each fiscal year, in an amount equal to the product of—
    - (A) the number of neglected or delinquent children and youth described in [section 6431 of this title](/usc/20/6431.md) who—
      - (i) are enrolled for at least 15 hours per week in education programs in [adult correctional institutions](/usc/20/6472.md?p=1); and
      - (ii) are enrolled for at least 20 hours per week—
        - (I) in education programs in institutions for neglected or delinquent children and youth; or
        - (II) in [community day programs](/usc/20/6472.md?p=3) for neglected or delinquent children and youth; and
    - (B) 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 subparagraph 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.
  - (2) **Special rule—** The number of neglected or delinquent children and youth determined under [paragraph (1)](#a-1) shall—
    - (A) be determined by the [State](/usc/20/7171.md?p=b-6) agency by a deadline set by the [Secretary](/usc/20/7801.md?p=46), except that no [State](/usc/20/7171.md?p=b-6) agency shall be required to determine the number of such children and youth on a specific date set by the [Secretary](/usc/20/7801.md?p=46); and
    - (B) be adjusted, as the [Secretary](/usc/20/7801.md?p=46) determines is appropriate, to reflect the relative length of such agency’s annual programs.
- (b) **Subgrants to State agencies in Puerto Rico—**
  - (1) **In general—** For each fiscal year, the amount of the subgrant which a [State](/usc/20/7171.md?p=b-6) agency in the Commonwealth of Puerto Rico shall be eligible to receive under this subpart shall be the amount determined by multiplying the number of children counted under [subsection (a)(1)(A)](#a-1-A) for the Commonwealth of Puerto Rico by the product of—
    - (A) the percentage which 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); 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 in [paragraph (1)(A)](#b-1-A) shall not be less than 85 percent.
  - (3) **Limitation—** If the application of [paragraph (2)](#b-2) would result in any of the 50 [States](/usc/20/7171.md?p=b-6) or the District of Columbia receiving less under this subpart than it received under this subpart for the preceding fiscal year, then the percentage described in [paragraph (1)(A)](#b-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—
    - (A) the percentage in [paragraph (1)(A)](#b-1-A) for such fiscal year; or
    - (B) the percentage used for the preceding fiscal year.
- (c) **Ratable reductions in case of insufficient appropriations—** If the amount appropriated for any fiscal year for subgrants under subsections [(a)](#a) and [(b)](#b) is insufficient to pay the full amount for which all [State](/usc/20/7171.md?p=b-6) agencies are eligible under such subsections, the [Secretary](/usc/20/7801.md?p=46) shall ratably reduce each such amount.

## Source credit

(Pub. L. 89–10, title I, § 1412, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1581; amended Pub. L. 114–95, title I, § 1401(2), Dec. 10, 2015, 129 Stat. 1900.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 6432, Pub. L. 89–10, title I, § 1412, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3592, related to allocation of funds, prior to the general amendment of this subchapter by Pub. L. 107–110.

### Amendments

2015—Subsec. (b)(2). Pub. L. 114–95 added par. (2) and struck out former par. (2) which related to minimum percentage for fiscal year 2002, fiscal year 2003, fiscal year 2004, and fiscal year 2005 and succeeding fiscal years.

### 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.