Page:United States Statutes at Large Volume 102 Part 2.djvu/607

 PUBLIC LAW 100-427—SEPT. 9, 1988

102 STAT. 1611

(2) in subsection (b)(3), by inserting "," after "procedures" the first place it appears; (3) in subsection (d)(D, by striking out "include a form" and inserting in lieu thereof "be supported by a form, maintained in the files of the applicant,"; (4) in subsection (d)(2)(A)(ii), by striking out "grandparents," and inserting in lieu thereof "grandparents"; (5) in subsection (d)(2)(B), by striking out "applicant" and inserting in lieu thereof "child"; (6) in subparagraphs (C) and (D) of subsection (d)(2), by striking out "or legal guardian" each place it appears; (7) in subsection (d)(3)— (A) by inserting "other" before "information"; and (B) by inserting after the first sentence the following: "In order for a child to be counted in computing the local educational agency's grant award, the eligibility form for the child must contain at least— "(A) the child's name; "(B) the name of the tribe, band, or other organized group of Indians; and "(C) the parent's dated signature."; and (8) in subsection (e)(D— (A) by striking out "education" in subparagraph (A) and inserting in lieu thereof "educational"; (B) by striking out "provide" in subparagraph (B) and inserting in lieu thereof "provided"; and (C by striking out "education" in subparagraph (C) and inserting in lieu thereof "educational". SEC. 17. PAYMENTS.

Section 5315(c) of the Indian Education Act of 1988 (25 U.S.C. 2605(c)) is amended to read as follows: "(c) REDUCTION FOR FAILURE TO MAINTAIN FISCAL EFFORT.—

"(1) The Secretary shall not pay to any local educational State and local agency its full allotment under section 5312 for any fiscal year governments. unless the State educational agency determines that the combined fiscal effort of that local agency and the State with respect to the provision of free public education by that local agency for the preceding fiscal year, computed on either a per student or aggregate expenditure basis, was at least 90 percent of such combined fiscal effort, computed on the same basis, for the second preceding fiscal year. "(2) If the Secretary determines for any fiscal year that a local educational agency failed to maintain its expenditures at the 90 percent level required by paragraph (1), the Secretary shall— "(A) reduce the allocation of funds to that agency in the exact proportion of that agency's failure to maintain its expenditures at that level, and "(B) not use the reduced amount of the agency's expenditures for the preceding year to determine compliance with paragraph (1) in any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with paragraph (1). "(3) The Secretary may waive the requirements of this subsection for one fiscal year only if the Secretary determines that a waiver would be equitable due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and

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