Section 1411 (d) (3)

(3) Increase in funds

  • If the amount available for allocations to States under paragraph (1) for a fiscal year is equal to or greater than the amount allocated to the States under this paragraph for the preceding fiscal year, those allocations shall be calculated as follows:

      • (A) Allocation of increase

        (i) In general

      • Except as provided in subparagraph (B), the Secretary shall allocate for the fiscal year—
        • (I) to each State the amount the State received under this section for fiscal year 1999;
        • (II) 85 percent of any remaining funds to States on the basis of the States’ relative populations of children aged 3 through 21 who are of the same age as children with disabilities for whom the State ensures the availability of a free appropriate public education under this subchapter; and
        • (III) 15 percent of those remaining funds to States on the basis of the States’ relative populations of children described in subclause (II) who are living in poverty.

        (ii) Data

      • For the purpose of making grants under this paragraph, the Secretary shall use the most recent population data, including data on children living in poverty, that are available and satisfactory to the Secretary.

      (B) Limitations

    • Notwithstanding subparagraph (A), allocations under this paragraph shall be subject to the following:

        • (i) Preceding year allocation

      • No State’s allocation shall be less than its allocation under this section for the preceding fiscal year.

        • (ii) Minimum

      • No State’s allocation shall be less than the greatest of—
        • (I) the sum of—
          • (aa) the amount the State received under this section for fiscal year 1999; and
          • (bb) 1/3 of 1 percent of the amount by which the amount appropriated under subsection (i) for the fiscal year exceeds the amount appropriated for this section for fiscal year 1999;


        • (II) the sum of—
          • (aa) the amount the State received under this section for the preceding fiscal year; and
          • (bb) that amount multiplied by the percentage by which the increase in the funds appropriated for this section from the preceding fiscal year exceeds 1.5 percent; or


        • (III) the sum of—
          • (aa) the amount the State received under this section for the preceding fiscal year; and
          • (bb) that amount multiplied by 90 percent of the percentage increase in the amount appropriated for this section from the preceding fiscal year.

        (iii) Maximum

      • Notwithstanding clause (ii), no State’s allocation under this paragraph shall exceed the sum of—
        • (I) the amount the State received under this section for the preceding fiscal year; and
        • (II) that amount multiplied by the sum of 1.5 percent and the percentage increase in the amount appropriated under this section from the preceding fiscal year.

      (C) Ratable reduction

    • If the amount available for allocations under this paragraph is insufficient to pay those allocations in full, those allocations shall be ratably reduced, subject to subparagraph (B)(i).

      • Severe Discrepancy
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      Last modified on November 7, 2019