Page:United States Statutes at Large Volume 100 Part 2.djvu/54

 100 STAT. 1156

20 USC 1411.

Post, p. 1158. Post, pp. 1159, 1174.

PUBLIC LAW 99-457—OCT. 8, 1986

"(II) an a m o u n t equal to the portion of the appropriation available after allocating funds to all States under subclause (I) (the excess appropriation) divided by the estimated increase, from the preceding fiscal year, in the n u m b e r of handicapped children aged t h r e e to five, inclusive, who will be receiving special education and related services in all States multiplied by the estimated n u m b e r of such children in such State. "(B) For fiscal year 1988, funds shall be distributed in accordance with clause (i) or (ii) of paragraph (2)(A), except that the amount specified therein shall be $400 instead of $300. "(C) For fiscal year 1989, funds shall be distributed in accordance with clause (i) or (ii) of paragraph (2)(A), except that the amount specified therein shall be $500 instead of $300. "(D) If the Secretary makes a g r a n t under paragraph (1) for fiscal year 1990, the a m o u n t of a g r a n t to a State under such paragraph may not exceed $1,000 per handicapped child aged t h r e e to five, inclusive, who received special education and related services in such State as determined under section 611(a)(3). "(E) If the actual n u m b e r of additional children served in a fiscal year differs from the e s t i m a t e m a d e under clause (ii)(II) of the applicable subparagraph, subparagraph (A)(ii)(II), the Secretary shall adjust (upwards or downwards) a State's allotment in the subsequent fiscal year. "(F)(i) The a m o u n t of a g r a n t under subparagraph (A), (B), or (C) to any State for a fiscal year may not exceed $3,800 per estimated handicapped child aged t h r e e to five, inclusive, who will be receiving or handicapped child, age t h r e e to five, inclusive, who is receiving special education and related services in such State. "(ii) If the a m o u n t appropriated under subsection (e) for any fiscal year exceeds the a m o u n t of g r a n t s which may be m a d e to the States for such fiscal year, the excess a m o u n t appropriated shall r e m a i n available for obligation under this section for 2 succeeding fiscal years. "(3) To receive a g r a n t under paragraph (1) a State shall m a k e an application to the Secretary a t such time, in such m a n n e r, and containing or accompanied by such information as the Secretary may reasonably require. "(b)(1) For fiscal year 1990 (or fiscal year 1991 if required by paragraph (2)) and fiscal years thereafter the Secretary shall m a k e a g r a n t to any State which— "(A) has met the eligibility requirements of section 612, and "(B) has a State plan approved under section 613 which includes policies and procedures that a s s u r e the availability under the State law and practice of such State of a free appropriate public education for all handicapped children aged t h r e e to five, inclusive. "(2) The Secretary may m a k e a g r a n t under paragraph (1) only for fiscal year 1990 and fiscal year s thereafter, except that if— "(A) the aggregate a m o u n t that was appropriated under subsection (e) for fiscal years 1987, 1988, and 1989 was less than $656,000,000, and "(B) the a m o u n t appropriated for fiscal year 1990 under subsection (e) is less than $306,000,000, the Secretary may not m a k e a g r a n t under paragraph (1) until fiscal year 1991 and shall m a k e a g r a n t under subsection (a)(1) for fiscal year 1990.

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