---
kind: "section"
citation: "20 U.S.C. § 6821"
title: "20"
title_heading: "Education"
number: "6821"
heading: "Formula grants to States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/6821"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter III — Language Instruction for English Learners and Immigrant Students"
  - "Part A — English Language Acquisition, Language Enhancement, and Academic Achievement Act"
  - "Subpart 1 — grants and subgrants for english language acquisition and language enhancement"
---

# §6821. Formula grants to States

- (a) **In general—** In the case of each [State educational agency](/usc/20/7801.md?p=49) having a plan approved by the [Secretary](/usc/20/7801.md?p=46) for a fiscal year under [section 6823 of this title](/usc/20/6823.md), the [Secretary](/usc/20/7801.md?p=46) shall make a grant for the year to the agency for the purposes specified in [subsection (b)](#b). The grant shall consist of the allotment determined for the [State educational agency](/usc/20/7801.md?p=49) under [subsection (c)](#c).
- (b) **Use of funds—**
  - (1) **Subgrants to eligible entities—** The [Secretary](/usc/20/7801.md?p=46) may make a grant under [subsection (a)](#a) only if the [State educational agency](/usc/20/7801.md?p=49) involved agrees to expend at least 95 percent of the [State educational agency](/usc/20/7801.md?p=49)’s allotment under [subsection (c)](#c) for a fiscal year—
    - (A) to award subgrants, from allocations under [section 6824 of this title](/usc/20/6824.md), to [eligible entities](/usc/20/6631.md?p=b-1) to carry out the activities described in [section 6825 of this title](/usc/20/6825.md) (other than subsection (e)); and
    - (B) to award subgrants under [section 6824(d)(1) of this title](/usc/20/6824.md?p=d-1) to [eligible entities](/usc/20/6631.md?p=b-1) that are described in that section to carry out the activities described in [section 6825(e) of this title](/usc/20/6825.md?p=e).
  - (2) **State activities—** Subject to [paragraph (3)](#b-3), each [State educational agency](/usc/20/7801.md?p=49) receiving a grant under [subsection (a)](#a) may reserve not more than 5 percent of the agency’s allotment under [subsection (c)](#c) to carry out one or more of the following activities:
    - (A) Establishing and implementing, with timely and meaningful consultation with [local educational agencies](/usc/20/7801.md?p=30-A) representing the geographic diversity of the [State](/usc/20/6602.md?p=2), standardized statewide entrance and exit procedures, including a requirement that all students who may be [English learners](/usc/20/7801.md?p=20) are assessed for such status within 30 days of enrollment in a school in the [State](/usc/20/6602.md?p=2).
    - (B) Providing effective teacher and principal preparation, effective [professional development](/usc/20/7801.md?p=42) activities, and other effective activities related to the education of [English learners](/usc/20/7801.md?p=20), which may include assisting teachers, principals, and other educators in—
      - (i) meeting [State](/usc/20/6602.md?p=2) and local certification and licensing requirements for teaching [English learners](/usc/20/7801.md?p=20); and
      - (ii) improving teaching skills in meeting the diverse needs of [English learners](/usc/20/7801.md?p=20), including how to implement effective programs and curricula on teaching [English learners](/usc/20/7801.md?p=20).
    - (C) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in [paragraph (1)](#b-1).
    - (D) Providing technical assistance and other forms of assistance to [eligible entities](/usc/20/6631.md?p=b-1) that are receiving subgrants from a [State educational agency](/usc/20/7801.md?p=49) under this subpart, including assistance in—
      - (i) identifying and implementing effective language instruction educational programs and curricula for teaching [English learners](/usc/20/7801.md?p=20);
      - (ii) helping [English learners](/usc/20/7801.md?p=20) meet the same challenging [State](/usc/20/6602.md?p=2) academic standards that all children are expected to meet;
      - (iii) identifying or developing, and implementing, measures of English proficiency; and
      - (iv) strengthening and increasing [parent](/usc/20/7801.md?p=38), family, and community engagement in programs that serve [English learners](/usc/20/7801.md?p=20).
    - (E) Providing recognition, which may include providing financial awards, to recipients of subgrants under [section 6825 of this title](/usc/20/6825.md) that have significantly improved the achievement and progress of [English learners](/usc/20/7801.md?p=20) in meeting—
      - (i) the [State](/usc/20/6602.md?p=2)-designed long-term goals established under [section 6311(c)(4)(A)(ii) of this title](/usc/20/6311.md?p=c-4-A-ii), including measurements of interim progress towards meeting such goals, based on the [State](/usc/20/6602.md?p=2)’s English language proficiency assessment under [section 6311(b)(2)(G) of this title](/usc/20/6311.md?p=b-2-G); and
      - (ii) the challenging [State](/usc/20/6602.md?p=2) academic standards.
  - (3) **Direct administrative expenses—** From the amount reserved under [paragraph (2)](#b-2), a [State educational agency](/usc/20/7801.md?p=49) may use not more than 50 percent of such amount or $175,000, whichever is greater, for the planning and direct administrative costs of carrying out paragraphs [(1)](#b-1) and [(2)](#b-2).
- (c) **Reservations and allotments—**
  - (1) **Reservations—** From the amount appropriated under [section 6801 of this title](/usc/20/6801.md) for each fiscal year, the [Secretary](/usc/20/7801.md?p=46) shall reserve—
    - (A) 0.5 percent or $5,000,000 of such amount, whichever is greater, for payments to [eligible entities](/usc/20/6631.md?p=b-1) that are defined under [section 6822(a) of this title](/usc/20/6822.md?p=a) for activities, approved by the [Secretary](/usc/20/7801.md?p=46), consistent with this subpart;
    - (B) 0.5 percent of such amount for payments to [outlying areas](/usc/20/7801.md?p=36), to be allotted in accordance with their respective needs for assistance under this subpart, as determined by the [Secretary](/usc/20/7801.md?p=46), for activities, approved by the [Secretary](/usc/20/7801.md?p=46), consistent with this subpart; and
    - (C) 6.5 percent of such amount for national activities under sections [6861](/usc/20/6861.md) and [7013](/usc/20/7013.md) of this title, except that not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in [section 7013 of this title](/usc/20/7013.md).
  - (2) **State allotments—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#c-2-B), from the amount appropriated under [section 6801 of this title](/usc/20/6801.md) for each fiscal year that remains after making the reservations under [paragraph (1)](#c-1), the [Secretary](/usc/20/7801.md?p=46) shall allot to each [State educational agency](/usc/20/7801.md?p=49) having a plan approved under [section 6823(c) of this title](/usc/20/6823.md?p=c)—
      - (i) an amount that bears the same relationship to 80 percent of the remainder as the number of [English learners](/usc/20/7801.md?p=20) in the [State](/usc/20/6602.md?p=2) bears to the number of [English learners](/usc/20/7801.md?p=20) in all [States](/usc/20/6602.md?p=2), as determined in accordance with [paragraph (3)(A)](#c-3-A); and
      - (ii) an amount that bears the same relationship to 20 percent of the remainder as the number of immigrant children and youth in the [State](/usc/20/6602.md?p=2) bears to the number of such children and youth in all [States](/usc/20/6602.md?p=2), as determined in accordance with [paragraph (3)(B)](#c-3-B).
    - (B) **Minimum allotments—** No [State educational agency](/usc/20/7801.md?p=49) shall receive an allotment under this paragraph that is less than $500,000.
    - (C) **Reallotment—** If any [State educational agency](/usc/20/7801.md?p=49) described in [subparagraph (A)](#c-2-A) does not submit a plan to the [Secretary](/usc/20/7801.md?p=46) for a fiscal year, or submits a plan (or any amendment to a plan) that the [Secretary](/usc/20/7801.md?p=46), after reasonable notice and opportunity for a hearing, determines does not satisfy the requirements of this subpart, the [Secretary](/usc/20/7801.md?p=46)—
      - (i) shall endeavor to make the [State](/usc/20/6602.md?p=2)’s allotment available on a competitive basis to specially qualified agencies within the [State](/usc/20/6602.md?p=2) to satisfy the requirements of [section 6825 of this title](/usc/20/6825.md) (and any additional requirements that the [Secretary](/usc/20/7801.md?p=46) may impose), consistent with the purposes of such section, and to carry out required and authorized activities under such section; and
      - (ii) shall reallot any portion of such allotment remaining after the application of [clause (i)](#c-2-C-i) to the remaining [State educational agencies](/usc/20/7801.md?p=49) in accordance with [subparagraph (A)](#c-2-A).
    - (D) **Special rule for Puerto Rico—** The total amount allotted to Puerto Rico for any fiscal year under [subparagraph (A)](#c-2-A) shall not exceed 0.5 percent of the total amount allotted to all [States](/usc/20/6602.md?p=2) for that fiscal year.
  - (3) **Use of data for determinations—** In making [State](/usc/20/6602.md?p=2) allotments under [paragraph (2)](#c-2) for each fiscal year, the [Secretary](/usc/20/7801.md?p=46) shall—
    - (A) determine the number of [English learners](/usc/20/7801.md?p=20) in a [State](/usc/20/6602.md?p=2) and in all [States](/usc/20/6602.md?p=2), using the most accurate, up-to-date data, which shall be—
      - (i) data available from the American Community Survey conducted by the [Department](/usc/20/7801.md?p=13) of Commerce, which may be multiyear estimates;
      - (ii) the number of students being assessed for English language proficiency, based on the [State](/usc/20/6602.md?p=2)’s English language proficiency assessment under [section 6311(b)(2)(G) of this title](/usc/20/6311.md?p=b-2-G), which may be multiyear estimates; or
      - (iii) a combination of data available under clauses [(i)](#c-3-A-i) and [(ii)](#c-3-A-ii); and
    - (B) determine the number of immigrant children and youth in the [State](/usc/20/6602.md?p=2) and in all [States](/usc/20/6602.md?p=2) based only on data available from the American Community Survey conducted by the [Department](/usc/20/7801.md?p=13) of Commerce, which may be multiyear estimates.

## Source credit

(Pub. L. 89–10, title III, § 3111, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1691; amended Pub. L. 114–95, title III, § 3003(b), Dec. 10, 2015, 129 Stat. 1954.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 3111 of Pub. L. 89–10 was classified to section 6811 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

### Amendments

2015—Subsec. (b)(2). Pub. L. 114–95, § 3003(b)(1)(A), added subpars. (A) to (E) and struck out former subpars. (A) to (D) which read as follows:

“(A) Professional development activities, and other activities, that assist personnel in meeting State and local certification and licensing requirements for teaching limited English proficient children.

“(B) Planning, evaluation, administration, and interagency coordination related to the subgrants referred to in paragraph (1).

“(C) Providing technical assistance and other forms of assistance to eligible entities that are receiving subgrants from a State educational agency under this subpart, including assistance in—

“(i) identifying and implementing language instruction educational programs and curricula that are based on scientifically based research on teaching limited English proficient children;

“(ii) helping limited English proficient children meet the same challenging State academic content and student academic achievement standards as all children are expected to meet;

“(iii) identifying or developing, and implementing, measures of English proficiency; and

“(iv) promoting parental and community participation in programs that serve limited English proficient children.

“(D) Providing recognition, which may include providing financial awards, to subgrantees that have exceeded their annual measurable achievement objectives pursuant to section 6842 of this title.”

Subsec. (b)(3). Pub. L. 114–95, § 3003(b)(1)(B), substituted “Direct administrative” for “Administrative” in heading and substituted “50 percent” for “60 percent” and inserted “direct” before “administrative costs” in text.

Subsec. (c)(1). Pub. L. 114–95, § 3003(b)(2)(A)(i), substituted “section 6801” for “section 6801(a)” in introductory provisions.

Subsec. (c)(1)(B). Pub. L. 114–95, § 3003(b)(2)(A)(ii), inserted “and” after semicolon at end.

Subsec. (c)(1)(C). Pub. L. 114–95, § 3003(b)(2)(A)(iii), added subpar. (C) and struck out former subpar. (C) which read as follows: “6.5 percent of such amount for national activities under sections 6861 and 7013 of this title, except that not more than 0.5 percent of such amount shall be reserved for evaluation activities conducted by the Secretary and not more than $2,000,000 of such amount may be reserved for the National Clearinghouse for English Language Acquisition and Language Instruction Educational Programs described in section 7013 of this title; and”.

Subsec. (c)(1)(D). Pub. L. 114–95, § 3003(b)(2)(A)(iv), struck out subpar. (D) which read as follows: “such sums as may be necessary to make continuation awards under paragraph (2).”

Subsec. (c)(2). Pub. L. 114–95, § 3003(b)(2)(B), (C), redesignated par. (3) as (2) and struck out former par. (2) which related to continuation awards.

Subsec. (c)(2)(A). Pub. L. 114–95, § 3003(b)(2)(D)(i), substituted “section 6801” for “section 6801(a)” in introductory provisions.

Subsec. (c)(2)(A)(i). Pub. L. 114–95, § 3003(b)(2)(D)(ii), substituted “English learners in the State bears to the number of English learners in all States, as determined in accordance with paragraph (3)(A); and” for “limited English proficient children in the State bears to the number of such children in all States; and”.

Subsec. (c)(2)(A)(ii). Pub. L. 114–95, § 3003(b)(2)(D)(iii), inserted “, as determined in accordance with paragraph (3)(B)” before period at end.

Subsec. (c)(3). Pub. L. 114–95, § 3003(b)(2)(E), added par. (3). Former par. (3) redesignated (2).

Subsec. (c)(4). Pub. L. 114–95, § 3003(b)(2)(B), struck out par. (4) which related to use of data for determinations.

### 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.