---
kind: "section"
citation: "20 U.S.C. § 9410"
title: "20"
title_heading: "Education"
number: "9410"
heading: "State requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/20/9410"
units:
  - "Chapter 75 — Early Learning Opportunities"
---

# §9410. State requirements

- (a) **Eligibility—** To be eligible for a grant under this chapter, a [State](/usc/20/9402.md?p=12) shall—
  - (1) ensure that funds received by the [State](/usc/20/9402.md?p=12) under this chapter shall be subject to appropriation by the [State](/usc/20/9402.md?p=12) legislature, consistent with the terms and conditions required under [State](/usc/20/9402.md?p=12) law;
  - (2) designate a Lead [State](/usc/20/9402.md?p=12) Agency under [section 9409(c) of this title](/usc/20/9409.md?p=c) to administer and monitor the grant and ensure [State](/usc/20/9402.md?p=12)-level coordination of [early learning programs](/usc/20/9402.md?p=4);
  - (3) submit to the [Secretary](/usc/20/9402.md?p=11) an application at such time, in such manner, and accompanied by such information as the [Secretary](/usc/20/9402.md?p=11) may require;
  - (4) ensure that funds made available under this chapter are distributed on a competitive basis throughout the [State](/usc/20/9402.md?p=12) to [Local Councils](/usc/20/9402.md?p=6) serving rural, urban, and suburban areas of the [State](/usc/20/9402.md?p=12); and
  - (5) assist the [Secretary](/usc/20/9402.md?p=11) in developing mechanisms to ensure that [Local Councils](/usc/20/9402.md?p=6) receiving funds under this chapter comply with the requirements of this chapter.
- (b) **State preference—** In awarding grants to [Local Councils](/usc/20/9402.md?p=6) under this chapter, the [State](/usc/20/9402.md?p=12), to the maximum extent possible, shall ensure that a broad variety of [early learning programs](/usc/20/9402.md?p=4) that provide a continuity of services across the age spectrum assisted under this chapter are funded under this chapter, and shall give preference to supporting—
  - (1) a [Local Council](/usc/20/9402.md?p=6) that meets criteria, that are specified by the [State](/usc/20/9402.md?p=12) and approved by the [Secretary](/usc/20/9402.md?p=11), for qualifying as serving an area of greatest need for [early learning programs](/usc/20/9402.md?p=4); and
  - (2) a [Local Council](/usc/20/9402.md?p=6) that demonstrates, in the application submitted under [section 9412 of this title](/usc/20/9412.md), the [Local Council](/usc/20/9402.md?p=6)’s potential to increase collaboration as a means of maximizing use of resources provided under this chapter with other resources available for [early learning programs](/usc/20/9402.md?p=4).
- (c) **Local preference—** In awarding grants under this chapter, [Local Councils](/usc/20/9402.md?p=6) shall give preference to supporting—
  - (1) projects that demonstrate their potential to collaborate as a means of maximizing use of resources provided under this chapter with other resources available for [early learning programs](/usc/20/9402.md?p=4);
  - (2) programs that provide a continuity of services for young children across the age spectrum, individually, or through community-based networks or cooperative agreements; and
  - (3) programs that help [parents](/usc/20/9402.md?p=8) and other [caregivers](/usc/20/9402.md?p=1) promote [early learning](/usc/20/9402.md?p=3) with their young children.
- (d) **Performance goals—**
  - (1) **Assessments—** Based on information and data received from [Local Councils](/usc/20/9402.md?p=6), and information and data available through [State](/usc/20/9402.md?p=12) resources, the [State](/usc/20/9402.md?p=12) shall biennially assess the needs and available resources related to the provision of [early learning programs](/usc/20/9402.md?p=4) within the [State](/usc/20/9402.md?p=12).
  - (2) **Performance goals—** Based on the analysis of information described in [paragraph (1)](#d-1), the [State](/usc/20/9402.md?p=12) shall establish measurable performance goals to be achieved through activities assisted under this chapter.
  - (3) **Requirement—** The [State](/usc/20/9402.md?p=12) shall award grants to [Local Councils](/usc/20/9402.md?p=6) only for purposes that are consistent with the performance goals established under [paragraph (2)](#d-2).
  - (4) **Report—** The [State](/usc/20/9402.md?p=12) shall report to the [Secretary](/usc/20/9402.md?p=11) annually regarding the [State](/usc/20/9402.md?p=12)’s progress toward achieving the performance goals established in [paragraph (2)](#d-2) and any necessary modifications to those goals, including the rationale for the modifications.
  - (5) **Improvement plans—** If the [Secretary](/usc/20/9402.md?p=11) determines, based on the [State](/usc/20/9402.md?p=12) report submitted under [paragraph (4)](#d-4), that the [State](/usc/20/9402.md?p=12) is not making progress toward achieving the performance goals described in [paragraph (2)](#d-2), then the [State](/usc/20/9402.md?p=12) shall submit a performance improvement plan to the [Secretary](/usc/20/9402.md?p=11), and demonstrate reasonable progress in implementing such plan, in order to remain eligible for funding under this chapter.

## Source credit

(Pub. L. 106–554, § 1(a)(1) [title VIII, § 811], Dec. 21, 2000, 114 Stat. 2763, 2763A–86.)