Page:United States Statutes at Large Volume 104 Part 6.djvu/349

 PUBLIC LAW 101-645—NOV. 29, 1990 104 STAT. 4739 "(3)(A) In any fiscal year in which the amount appropriated under paragraph (1) does not equal or exceed $100,000,000, the State educational agency shall use funds not otherwise reserved under paragraph (2) to award grants to local educational agencies in accordance with subsection (c)(6). "(B) In any fiscal year in which the amount appropriated under paragraph (1) equals or exceeds $100,000,000, the State educational agency shall use funds not otherwise reserved under paragraph (2) to allocate to each local educational agency an amount that bears the same ratio to amount not otherwise reserved as the aggregate amount received by such local educational agency under part A of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 for such fiscal year bears to the aggregate amount received by all local educational agencies in the State for purposes of carry- ing out such part for such fiscal year.". (c) GRANTS FOR THE EDUCATIONAL SUCCESS OF HOMELESS CHILDREN AND YOUTH. —Section 723 of such Act (42 U.S.C. 11433) is amended to read as follows: "SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF HOMELESS CHILDREN AND YOUTH. " (a) GENERAL AUTHORITY. — "(1) GRANTEES AND PURPOSE OF GRANTS. —The State educational agency shall, in accordance with section 722(c)(6) and from amounts made available to such agency under section 722, make grants to local educational agencies for the purpose of facilitating the enrollment, attendance and success of homeless children and youths in schools. "(2) USE OF GRANTS.— Unless otherwise specified, services under paragraph (1) may be provided through programs on school grounds or at other nonsectarian facilities. Where services are provided through programs on school grounds, such services may also be made available to children or youths who are determined by the local educational agency to be at risk of failing in or dropping out of schools, except that priority for such services shall be given to homeless children and homeless youths. To the msiximum extent practicable, services shall be provided through existing programs and mechanisms that integrate homeless individuals with nonhomeless individuals. "(3) REGULAR ACADEMIC PROGRAM. — Services provided under this section are not intended to replace the regular academic program. " (b) AUTHORIZED ACTIVITIES. — "(1) PRIMARY ACTIVITIES. — Not less than 50 percent of amounts provided under a grant under this section shall be used to provide tutoring, remedial education services, or other education services to homeless children or homeless youths. "(2) RELATED AcnvmES. —Not less than 35, nor more than 50, percent of the amounts provided under a grant under this section may be used for activities that may include— "(A) the provision of expedited evaluations of the strengths and needs of homeless children and homeless youths, including needs and eligibility for programs and services (including gifted and talented progrsuns, special education programs, programs for students with limited English proficiency, and remedial services);

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