Page:United States Statutes at Large Volume 104 Part 1.djvu/815

 PUBLIC LAW 101-392—SEPT. 25, 1990 104 STAT. 781 "(B) such amount may be allocated on the basis of an agreement between the local educational agency and the area vocational education school or intermediate educational agency. "(3)(A) For the purposes of this subsection, the State may determine the number of economically disadvantaged students attending vocational education programs on the basis of eligibility for any of the following: "(i) Free or reduced-price meals under the National School Lunch Act. "(ii) The program for aid to dependent children under part A of title IV of the Social Security Act. "(iii) Benefits under the Food Stamp Act of 1977. "(iv) Services under chapter 1 of title I of the Elementary and Secondary Education Act of 1965. "(v) Other indices of economic status including estimates of such indices, if the State demonstrates to the satisfaction of the Secretary that such indices are more representative of such number. "(B) If a State elects to use more than 1 factor described in subparagraph (A) for purposes of making the determination described in such subparagraph, the State shall ensure that the data used is not duplicative. "(4) The State board shall establish an appeals procedure for resolution of any dispute arising between a local educational agency and an area vocational education school or an intermediate educational agency with respect to the allocation procedures described in this section, including the decision of a local educational agency to leave a consortium, "(5) Notwithstanding the provisions of paragraphs (1), (2), (3), and (4) any local educational agency receiving an allocation which is not sufficient to conduct a program which meets the requirements of section 235(c) is encouraged to— "(A) form a consortium or enter into a cooperative agreement with an area vocational education school or intermediate educational agency offering programs that meet the requirements of section 235(c) and that are accessible to economically disadvantaged students and students with handicaps served by such local educational agency; and "(B) transfer such allocation to the area vocational education school or intermediate educational agency. "SEC. 232. DISTRIBUTION OF FUNDS TO POSTSECONDARY AND ADULT PROGRAMS. "(a) GENERAL RULE. —Except as provided in subsection (b) and section 233, each State shall distribute funds available in any fiscal year for postsecondary and adult vocational education programs to eligible institutions within the State. Each such eligible institution shall receive an amount that bears the same relationship to the amount of funds available under such section as the number of Pell Grant recipients gmd recipients of assistance from the Bureau of Indian Affairs enrolled in programs meeting the requirements of section 235 offered by such institution in the preceding fiscal year bears to the number of such recipients enrolled in such programs within the State in such year. " (b) WAIVER FOR MORE EQUITABLE DISTRIBUTION. —The Secretary may waive the application of subsection (a) in the case of any State Disadvantaged persons. Handicapped persons. 20 USC 2341a.

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