---
kind: "section"
citation: "20 U.S.C. § 9409"
title: "20"
title_heading: "Education"
number: "9409"
heading: "Grant administration"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/9409"
units:
  - "Chapter 75 — Early Learning Opportunities"
---

# §9409. Grant administration

- (a) **Federal administrative costs—** The [Secretary](/usc/20/9402.md?p=11) may use not more than 3 percent of the amount appropriated under [section 9404 of this title](/usc/20/9404.md) for a fiscal year to pay for the administrative costs of carrying out this chapter, including the monitoring and evaluation of [State](/usc/20/9402.md?p=12) and local efforts.
- (b) **State administrative costs—** A [State](/usc/20/9402.md?p=12) that receives a grant under this chapter may use—
  - (1) not more than 2 percent of the funds made available through the grant to carry out activities designed to coordinate [early learning programs](/usc/20/9402.md?p=4) on the [State](/usc/20/9402.md?p=12) level, including programs funded or operated by the [State](/usc/20/9402.md?p=12) educational agency, health, children and family, and human service agencies, and any [State](/usc/20/9402.md?p=12)-level collaboration or coordination council involving [early learning](/usc/20/9402.md?p=3) and education, such as the entities funded under [section 9835(a)(2)(B)(vi) of title 42](/usc/42/9835.md?p=a-2-B-vi);
  - (2) not more than 2 percent of the funds made available through the grant for the administrative costs of carrying out the grant program and the costs of reporting [State](/usc/20/9402.md?p=12) and local efforts to the [Secretary](/usc/20/9402.md?p=11); and
  - (3) not more than 3 percent of the funds made available through the grant for [training](/usc/20/9402.md?p=13), technical assistance, and wage incentives provided by the [State](/usc/20/9402.md?p=12) to [Local Councils](/usc/20/9402.md?p=6).
- (c) **Lead State Agency—**
  - (1) **In general—** To be eligible to receive an allotment under this chapter, the Governor of a [State](/usc/20/9402.md?p=12) shall appoint, after consultation with the leadership of the [State](/usc/20/9402.md?p=12) legislature, a Lead [State](/usc/20/9402.md?p=12) Agency to carry out the functions described in [paragraph (2)](#c-2).
  - (2) **Lead State Agency—**
    - (A) **Allocation of funds—** The Lead [State](/usc/20/9402.md?p=12) Agency described in [paragraph (1)](#c-1) shall allocate funds to [Local Councils](/usc/20/9402.md?p=6) as described in [section 9411 of this title](/usc/20/9411.md).
    - (B) **Functions of agency—** In addition to allocating funds pursuant to [subparagraph (A)](#c-2-A), the Lead [State](/usc/20/9402.md?p=12) Agency shall—
      - (i) advise and assist [Local Councils](/usc/20/9402.md?p=6) in the performance of their duties under this chapter;
      - (ii) develop and submit the [State](/usc/20/9402.md?p=12) application;
      - (iii) evaluate and approve applications submitted by [Local Councils](/usc/20/9402.md?p=6) under [section 9412 of this title](/usc/20/9412.md);
      - (iv) ensure collaboration with respect to assistance provided under this chapter between the [State](/usc/20/9402.md?p=12) agency responsible for education and the [State](/usc/20/9402.md?p=12) agency responsible for children and family services;
      - (v) prepare and submit to the [Secretary](/usc/20/9402.md?p=11), an annual report on the activities carried out in the [State](/usc/20/9402.md?p=12) under this chapter, which shall include a statement describing how all funds received under this chapter are expended and documentation of the effects that resources under this chapter have had on—
        - (I) parental capacity to improve learning readiness in their young children;
        - (II) early childhood literacy;
        - (III) linkages among [early learning programs](/usc/20/9402.md?p=4);
        - (IV) linkages between [early learning programs](/usc/20/9402.md?p=4) and health care services for young children;
        - (V) access to [early learning](/usc/20/9402.md?p=3) activities for young children with special needs;
        - (VI) access to existing [early learning programs](/usc/20/9402.md?p=4) through expansion of the days or times that children are served;
        - (VII) access to existing [early learning programs](/usc/20/9402.md?p=4) through expansion of the number of young children served;
        - (VIII) access to and affordability of existing [early learning programs](/usc/20/9402.md?p=4) for low-income families;
        - (IX) the quality of [early learning programs](/usc/20/9402.md?p=4) resulting from professional development, and recruitment and retention incentives for [caregivers](/usc/20/9402.md?p=1); and
        - (X) removal of ancillary barriers to [early learning](/usc/20/9402.md?p=3), including transportation difficulties and absence of programs during nontraditional work times; and
      - (vi) ensure that [training](/usc/20/9402.md?p=13) and research is made available to [Local Councils](/usc/20/9402.md?p=6) and that such [training](/usc/20/9402.md?p=13) and research reflects the latest available brain development and early childhood development research related to [early learning](/usc/20/9402.md?p=3).

## Source credit

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 810], Dec. 21, 2000, 114 Stat. 2763, 2763A–85; Pub. L. 110–134, § 29(b), Dec. 12, 2007, 121 Stat. 1449.)

## Notes

### Editorial Notes

### Amendments

2007—Subsec. (b)(1). Pub. L. 110–134 substituted “entities funded under section 9835(a)(2)(B)(vi) of title 42” for “entities funded under section 9835(a)(5) of title 42”.