Page:United States Statutes at Large Volume 108 Part 5.djvu/264

 108 STAT. 3754 PUBLIC LAW 103-382—OCT. 20, 1994 "(2) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH INSUFFICIENT FUNDS ARE APPROPRIATED. — "(A) IN GENERAL. — For any fiscal year in which the sums appropriated under section 8014(b) are insufficient to pay to each local educational agency the full amount computed under paragraph (1), the Secretary shall make payments in accordance with this paragraph. "(B) LEARNING OPPORTUNITY THRESHOLD PAYMENTS. — (i) For fiscal years described in subparagraph (A), the Secretary shall compute a learning opportunity threshold pay- ment (hereafl:er in this title referred to as the 'threshold payment') by multiplying the amount obtained under paragraph (1)(C) by the total percentage obtained by adding— "(I) the percentage of federally connected children for each local educational agency determined by calculating the fraction, the numerator of which is the total number of children described under subsection (a)(1) and the denominator of which is the total number of children in average daily attendance at the schools served by such agency; and "(II) the percentage that funds under paragraph (1)(C) represent of the total budget of the local educational agency, determined by calculating the fraction, the numerator of which is the total amount of funds calculated for each local educational agency under this paragraph (not including amounts received under subsection if)), and the denominator of which is the total current expenditures for such agency in the second preceding fiscal year for which the determination is made. "(ii) Such total percentage used to calculate threshold payments under paragraph (1) shall not exceed 100. "(iii) For the purpose of determining the percentages described in subclauses (I) and (II) of clause (i) that are applicable to the local educational agency providing free public education to students in grades 9 through 12 residing on Hanscom Air Force Base, Massachusetts, the Secretary shall consider only that portion of such agenc^s tot2d enrollment of students in grades 9 through 12 when calculating the percentage under such subclause (I) and only that portion of the total current expenditures attributed to the operation of grades 9 through 12 in such agency when calculating the percentage under subclause (II). "(C) RATABLE DISTRIBUTION. —For fiscal years described in suisparagraph (A), the Secretary shall make payments as a ratable distribution based upon the computation made under subparagraph (B). " (c) PRIOR YEAR DATA.— "(1) IN GENERAL. —Except as provided in paragraph (2) and subsection (f), all calculations under this section shall be based on data for each local educational agency from not later than the fiscal year preceding the fiscal year for which the agency is making application for payment. "(2) EXCEPTION.—- Calculations for a local educational agency that is newly established by a State shall, for the first year of operation of such agency, be based on data from

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