Page:United States Statutes at Large Volume 108 Part 5.djvu/267

 -^fe*?" PUBLIC LAW 103-382—CKT. 20, 1994 108 STAT. 3757 which the Secretary determines will compensate such agency for the increase in current expenditures necessitated by such unusual geographical factors. The amount of any such supplementary payment may not exceed the per-pupil share (computed with regard to all children in average daily attendance), as determined by the Secretary, of the increased current expenditures necessitated by such unusual geographic factors. "(C) Any local educational agency determined eligible under clause (iii) of subparagraph (A) shall be deemed to have met the tax effort requirements for eligibility under clause (i)(II) or (ii)(II) of such subparagraph. "(3) MAXIMUM PAYMENTS. — " (A) IN GENERAL.— Subject to subparagraph (B), the Secretary shall determine the maximum amount that a local educational agency may receive under this subsection in accordance with the following computations: "(i) The Secretary shall first determine the greater of— "(I) the average per-pupil expenditure of the State in which the local educational agency is located or the average per-pupil expenditure of all the States; "(II) the average per-pupil expenditure of generally comparable local educational agencies located in the State of the local educational agency, as defined in regulations issued by the Secretary; or "(III) the average per-pupil expenditure of three generally comparable local educational agencies located in the State of the local educational agency, as defined in regulations issued by the Secretary. "(ii) The Secretary shall next subtract from the amount determined under clause (i) the average amount of State aid per pupil received by the local educational agency. "(iii) The Secretary shall next multiply the amount determined under clause (ii) by the total number of students in average daily attendance at the schools of the local educational agency as determined by the > Secretary under subsection (a)(1). "(iv) If the tax rate used by the local educational agency is greater than 95 percent, but less than 100 percent, of the tax rate of comparable local educational agencies, the Secretary shall next multiply the amount determined under clause (iii) by the percentage that the tax rate of the local educational agency is of— "(I) the average tax rate of its generally comparable local educational agencies; or "(II) the average tax rate of all the local educational agencies in the State in which the local educational agency is located. "(v) The Secretary shall next subtract the total amount of payments received by a local educational Eigency under subsections (b) and (d) for a fiscal year from the amount determined under clause (iii) or clause (iv), as the case may be.

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