20 USC § 6338 - Special allocation procedures

---
identifier: "/us/usc/t20/s6338"
source: "usc"
legal_status: "official_prima_facie"
title: "20 USC § 6338 - Special allocation procedures"
title_number: 20
title_name: "EDUCATION"
section_number: "6338"
section_name: "Special allocation procedures"
chapter_number: 70
chapter_name: "STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY SCHOOLS"
subchapter_number: "I"
subchapter_name: "IMPROVING THE ACADEMIC ACHIEVEMENT OF THE DISADVANTAGED"
part_number: "A"
part_name: "Improving Basic Programs Operated by Local Educational Agencies"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 89–10, title I, § 1126, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.)"
---


# § 6338. Special allocation procedures

**(a)** **Allocations for neglected children**

**(1)** **In general** section 6333(c)(1)(B) of this title

If a State educational agency determines that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children who are living in institutions for neglected children as described in , the State educational agency shall, if such agency assumes responsibility for the special educational needs of such children, receive the portion of such local educational agency’s allocation under sections 6333, 6334, 6335, and 6337 of this title that is attributable to such children.

**(2)** **Special rule** If the State educational agency does not assume such responsibility, any other State or local public agency that does assume such responsibility shall receive that portion of the local educational agency’s allocation.

**(b)** **Allocations among local educational agencies** The State educational agency may allocate the amounts of grants under sections 6333, 6334, 6335, and 6337 of this title among the affected local educational agencies—

**(1)** if two or more local educational agencies serve, in whole or in part, the same geographical area;

**(2)** if a local educational agency provides free public education for children who reside in the school district of another local educational agency; or

**(3)** to reflect the merger, creation, or change of boundaries of one or more local educational agencies.

**(c)** **Reallocation** If a State educational agency determines that the amount of a grant a local educational agency would receive under sections 6333, 6334, 6335, and 6337 of this title is more than such local educational agency will use, the State educational agency shall make the excess amount available to other local educational agencies in the State that need additional funds in accordance with criteria established by the State educational agency.

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**Source Credit**: (Pub. L. 89–10, title I, § 1126, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.)

## Editorial Notes

### Prior Provisions

A prior section 6338, , as added , , , related to carryover and waiver, prior to the general amendment of this subchapter by .

A prior  was classified to , prior to the general amendment of this subchapter by .