(a) Eligibility of local educational agencies
(1) In general
A local educational agency in a State is eligible to receive a targeted grant under this section for any fiscal year if—
(A) the number of children in the local educational agency counted under
section 6333(c) of this title, before application of the weighted child count described in subsection (c), is at least 10; and
(B) if the number of children counted for grants under
section 6333(c) of this title, before application of the weighted child count described in subsection (c), is at least 5 percent of the total number of children aged 5 to 17 years, inclusive, in the school district of the local educational agency.
(2) Special rule
For any fiscal year for which the Secretary allocates funds under this section on the basis of counties, funds made available as a result of applying this subsection shall be reallocated by the State educational agency to other eligible local educational agencies in the State in proportion to the distribution of other funds under this section.
(c) Weighted child count
(1) Weights for allocations to counties
(A) In general
For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used to determine a county’s allocation under this section is the larger of the two amounts determined under subparagraphs (B) and (C).
(B) By percentage of children
The amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under
section 6333(c) of this title for that county who constitute not more than 15.00 percent, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.75;
(iii) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 2.5;
(iv) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 3.25; and
(v) the number of such children who constitute more than 29.20 percent of such population, multiplied by 4.0.
(C) By number of children
The amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under
section 6333(c) of this title who constitute not more than 2,311, inclusive, of the county’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 1.5;
(iii) the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 2.0;
(iv) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 2.5; and
(v) the number of such children in excess of 93,811 in such population, multiplied by 3.0.
(D) Puerto Rico
Notwithstanding subparagraph (A), the weighting factor for the Commonwealth of Puerto Rico under this paragraph shall not be greater than the total number of children counted under section 6333(c) of this title multiplied by 1.82.
(2) Weights for allocations to local educational agencies
(A) In general
For each fiscal year for which the Secretary uses local educational agency data, the weighted child count used to determine a local educational agency’s grant under this section is the larger of the two amounts determined under subparagraphs (B) and (C).
(B) By percentage of children
The amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under
section 6333(c) of this title for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.75;
(iii) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 2.5;
(iv) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 3.25; and
(v) the number of such children who constitute more than 38.24 percent of such population, multiplied by 4.0.
(C) By number of children
The amount referred to in subparagraph (A) is determined by adding—
(i) the number of children determined under
section 6333(c) of this title who constitute not more than 691, inclusive, of the agency’s total population aged 5 to 17, inclusive, multiplied by 1.0;
(ii) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 1.5;
(iii) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.0;
(iv) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 2.5; and
(v) the number of such children in excess of 35,514 in such population, multiplied by 3.0.
(D) Puerto Rico
Notwithstanding subparagraph (A), the weighting factor for the Commonwealth of Puerto Rico under this paragraph shall not be greater than the total number of children counted under section 6333(c) of this title multiplied by 1.82.
Prior Provisions
A prior section 6335, Pub. L. 89–10, title I, § 1125, as added Pub. L. 103–382, title I, § 101, Oct. 20, 1994, 108 Stat. 3571, related to targeted grants to local educational agencies, prior to the general amendment of this subchapter by Pub. L. 107–110.