---
kind: "section"
citation: "20 U.S.C. § 6824"
title: "20"
title_heading: "Education"
number: "6824"
heading: "Within-State allocations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/6824"
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"
---

# §6824. Within-State allocations

- (a) **In general—** After making the reservation required under [subsection (d)(1)](#d-1), each [State educational agency](/usc/20/7801.md?p=49) receiving a grant under [section 6821(c)(2) of this title](/usc/20/6821.md?p=c-2) shall award subgrants for a fiscal year by allocating in a timely manner to each [eligible entity](/usc/20/6631.md?p=b-1) in the [State](/usc/20/6602.md?p=2) having a plan approved under [section 6826 of this title](/usc/20/6826.md) an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of [English learners](/usc/20/7801.md?p=20) in schools served by the [eligible entity](/usc/20/6631.md?p=b-1) bears to the population of [English learners](/usc/20/7801.md?p=20) in schools served by all [eligible entities](/usc/20/6631.md?p=b-1) in the [State](/usc/20/6602.md?p=2).
- (b) **Limitation—** A [State educational agency](/usc/20/7801.md?p=49) shall not award a subgrant from an allocation made under [subsection (a)](#a) if the amount of such subgrant would be less than $10,000.
- (c) **Reallocation—** Whenever a [State educational agency](/usc/20/7801.md?p=49) determines that an amount from an allocation made to an [eligible entity](/usc/20/6631.md?p=b-1) under [subsection (a)](#a) for a fiscal year will not be used by the entity for the purpose for which the allocation was made, the agency shall, in accordance with such rules as it determines to be appropriate, reallocate such amount, consistent with such subsection, to other [eligible entities](/usc/20/6631.md?p=b-1) in the [State](/usc/20/6602.md?p=2) that the agency determines will use the amount to carry out that purpose.
- (d) **Required reservation—** A [State educational agency](/usc/20/7801.md?p=49) receiving a grant under this subpart for a fiscal year—
  - (1) shall reserve not more than 15 percent of the agency’s allotment under [section 6821(c)(2) of this title](/usc/20/6821.md?p=c-2) to award subgrants to [eligible entities](/usc/20/6631.md?p=b-1) in the [State](/usc/20/6602.md?p=2) that have experienced a significant increase, as compared to the average of the 2 preceding fiscal years, in the percentage or number of immigrant children and youth, who have enrolled, during the fiscal year for which the subgrant is made, in public and nonpublic [elementary schools](/usc/20/7801.md?p=19) and [secondary schools](/usc/20/7801.md?p=45) in the geographic areas under the jurisdiction of, or served by, such entities; and
  - (2) in awarding subgrants under [paragraph (1)](#d-1)—
    - (A) shall equally consider [eligible entities](/usc/20/6631.md?p=b-1) that satisfy the requirement of such paragraph but have limited or no experience in serving immigrant children and youth; and
    - (B) shall consider the quality of each local plan under [section 6826 of this title](/usc/20/6826.md) and ensure that each subgrant is of sufficient size and scope to meet the purposes of this part.

## Source credit

(Pub. L. 89–10, title III, § 3114, as added Pub. L. 107–110, title III, § 301, Jan. 8, 2002, 115 Stat. 1696; amended Pub. L. 114–95, title III, § 3003(e), Dec. 10, 2015, 129 Stat. 1958.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 3114 of Pub. L. 89–10 was classified to section 6814 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.

### Amendments

2015—Subsec. (a). Pub. L. 114–95, § 3003(e)(1), added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: “After making the reservation required under subsection (d)(1) of this section, each State educational agency receiving a grant under section 6821(c)(3) of this title shall award subgrants for a fiscal year by allocating to each eligible entity in the State having a plan approved under section 6826 of this title an amount that bears the same relationship to the amount received under the grant and remaining after making such reservation as the population of limited English proficient children in schools served by the eligible entity bears to the population of limited English proficient children in schools served by all eligible entities in the State.”

Subsec. (d)(1). Pub. L. 114–95, § 3003(e)(2), substituted “section 6821(c)(2)” for “section 6821(c)(3)” and struck out “preceding the fiscal year” before “for which the subgrant is made”.

### 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.