---
kind: "section"
citation: "20 U.S.C. § 6339"
title: "20"
title_heading: "Education"
number: "6339"
heading: "Carryover and waiver"
release: "119-102"
url: "https://uscodex.org/usc/20/6339"
units:
  - "Chapter 70 — Strengthening and Improvement of Elementary and Secondary Schools"
  - "Subchapter I — Improving the Academic Achievement of the Disadvantaged"
  - "Part A — Improving Basic Programs Operated by Local Educational Agencies"
  - "Subpart 2 — allocations"
---

# §6339. Carryover and waiver

- (a) **Limitation on carryover—** Notwithstanding [section 1225(b) of this title](/usc/20/1225.md?p=b) or any other provision of law, not more than 15 percent of the [funds](/usc/20/4702.md?p=3) allocated to a [local educational agency](/usc/20/7801.md?p=30-A) for any fiscal year under this subpart (but not including [funds](/usc/20/4702.md?p=3) received through any reallocation under this subpart) may remain available for obligation by such agency for one additional fiscal year.
- (b) **Waiver—** A [State educational agency](/usc/20/7801.md?p=49) may, once every 3 years, waive the percentage limitation in [subsection (a)](#a) if—
  - (1) the agency determines that the request of a [local educational agency](/usc/20/7801.md?p=30-A) is reasonable and necessary; or
  - (2) supplemental appropriations for this subpart become available.
- (c) **Exclusion—** The percentage limitation under [subsection (a)](#a) shall not apply to any [local educational agency](/usc/20/7801.md?p=30-A) that receives less than $50,000 under this subpart for any fiscal year.

## Source credit

(Pub. L. 89–10, title I, § 1127, as added Pub. L. 107–110, title I, § 101, Jan. 8, 2002, 115 Stat. 1534.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 1127 of Pub. L. 89–10 was classified to section 6338 of this title, prior to the general amendment of this subchapter by Pub. L. 107–110.