((a)) ** In general**

((1)) ** Reservation** From the total amount reserved under that is not used for , the Secretary may reserve up to 1 percent for technical assistance to States to assist them in meeting the objectives of paragraphs (2), (3), (4), and (5) of .section 10001(c) of this titlesection 10007 of this titlesection 10005(d) of this title

((2)) ** Remainder** Of the remaining funds, the Secretary shall, in fiscal year 2010, make grants to States that have made significant progress in meeting the objectives of paragraphs (2), (3), (4), and (5) of .section 10005(d) of this title

((b)) ** Basis for grants** The Secretary shall determine which States receive grants under this section, and the amount of those grants, on the basis of information provided in State applications under and such other criteria as the Secretary determines appropriate, which may include a State’s need for assistance to help meet the objective of paragraphs  (2), (3), (4), (5), or (6) of .section 10005 of this title1section 10005(d) of this title

((c)) ** Subgrants to local educational agencies**

((1)) ** In general** Each State receiving a grant under this section shall use at least 50 percent of the grant to provide local educational agencies in the State with subgrants based on their relative shares of funding under part A of title I of the ESEA ( et seq.) for the most recent year.20 U.S.C. 6311

((2)) ** Exception** Paragraph (1) does not apply to grants made by the Secretary to consortia of States to develop academic assessments that are aligned with academic standards, or to a State or States for improving early childhood care and education except that such a State may use its grant funds to make subgrants to public or private agencies and organizations for activities consistent with the purposes of the grant.