§ 6332. Allocations to States
(a)
Allocation formula
Of the amount appropriated under section
6302
(a) of this title to carry out this part for each of fiscal years 2002–2007 (referred to in this subsection as the current fiscal year)—
(1)
an amount equal to the amount made available to carry out section
6333 of this title for fiscal year 2001 shall be allocated in accordance with section
6333 of this title;
(2)
an amount equal to the amount made available to carry out section
6334 of this title for fiscal year 2001 shall be allocated in accordance with section
6334 of this title; and
(3)
an amount equal to 100 percent of the amount, if any, by which the amount made available to carry out sections
6333,
6334, and
6335 of this title for the current fiscal year for which the determination is made exceeds the amount available to carry out sections
6333 and
6334 of this title for fiscal year 2001 shall be allocated in accordance with section
6335 of this title.
(b)
Adjustments where necessitated by appropriations
(1)
In general
If the sums available under this subpart for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive under sections
6333,
6334, and
6335 of this title for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to subsections (c) and (d) of this section.
(c)
Hold-harmless amounts
(1)
Amounts for sections
6333,
6334, and
6335
For each fiscal year, the amount made available to each local educational agency under each of sections
6333,
6334, and
6335 of this title shall be—
(A)
not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted for grants under section
6333 of this title is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency;
(2)
Payments
If sufficient funds are appropriated, the amounts described in paragraph (1) shall be paid to all local educational agencies that received grants under section
6334 of this title for the preceding fiscal year, regardless of whether the local educational agency meets the minimum eligibility criteria for that fiscal year described in section
6334
(a)(1)(A) of this title except that a local educational agency that does not meet such minimum eligibility criteria for 4 consecutive years shall no longer be eligible to receive a hold harmless amount referred to in paragraph (1).
(3)
Applicability
Notwithstanding any other provision of law, the Secretary shall not take into consideration the hold-harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by the Secretary other than a program authorized under this part.
(4)
Population data
For any fiscal year for which the Secretary calculates grants on the basis of population data for counties, the Secretary shall apply the hold-harmless percentages in paragraphs (1) and (2) to counties and, if the Secretary’s allocation for a county is not sufficient to meet the hold-harmless requirements of this subsection for every local educational agency within that county, the State educational agency shall reallocate funds proportionately from all other local educational agencies in the State that are receiving funds in excess of the hold-harmless amounts specified in this subsection.
(d)
Ratable reductions
(1)
In general
If the sums made available under this subpart for any fiscal year are insufficient to pay the full amounts that local educational agencies in all States are eligible to receive under subsection (c) of this section for such year, the Secretary shall ratably reduce such amounts for such year.