Page:United States Statutes at Large Volume 108 Part 5.djvu/268

 108 STAT. 3758 PUBLIC LAW 103-382—OCT. 20, 1994 "(B) SPECIAL RULE. —With respect to pa3mients under this subsection for a local educational agency described in clause (ii) or (iii) of paragraph (2)(A), the maximum amount of such payments shall be computed by taking the product of the average per-pupil expenditure in £jl States multiplied by 0.7, except that such amount may not exceed 125 percent of the average per-pupil expenditure in all local educational agencies in the State. "(4) CURRENT YEAR DATA. — The Secretary shall, for purposes of providing assistance under this subsection, use— "(A) student and revenue data from the fiscal year for which the local educational agency is applying for assistance under this subsection; and "(B) the most recent data available which is adjusted to such fiscal year. "(5) REDUCTION IN PAYMENTS.— If funds appropriated to carry out this subsection are insufficient to pay in full the amounts determined under paragraph (3), the Secretary shall ratably reduce the payment to each eligible local educational agency. " (g) ADDITIONAL PAYMENTS FOR LOCAL EDUCATIONAL AGENCIES WITH HIGH CONCENTRATIONS OF CHILDREN WITH SEVERE DISABIL- ITIES.— "(1) IN GENERAL. — If any local educational agency receives Federal funds from sources other than this title to carry out the puiyoses of this title for any fiscal year due to the enrollment of children described under subsection (a), then the Secretary shall consider such funds as a payment to such agency under this part for such fiscal year. / "(2) SPECIAL RULE.—Notwithstanding any other provision of law, if funds appropriated pursuant to section 8014(b) for payrtients under subsection (b) to such agency for a fiscal year which, when added to the funds described in paragraph (1) received by such agency for such fiscal year, exceed the maximum amount described under subsection (b)(l)(C), then the Secretary shall make available from the funds appropriated under section 8014(b) for such fiscal year such excess amounts to any local educational agency serving two or more children described under subparagraph (B) or (D) of subsection (a)(1) who have a severe disability and a parent serving in the uniformed services (as defined by section 101 of title 37, United States Code) who is assigned to a particular permanent duty station for compassionate reasons (compassionate post assignment) for the total costs associated with such childien who are provided an educational program provided outside the schools of such agency. "(3) REMAINING FUNDS. —If funds remain after payments are made under paragraph (2) for any fiscal year, then such remaining funds shall be made available for expenditures under subsection (d) in such fiscal year on a pro rata basis consistent with the requirements of such subsection. "(4) RATABLE REDUCTIONS. — If amounts available to carry out paragraph (2) for any fiscal year are insufficient to pay in full the total payment that all eligible local educational agencies are eligible to receive under such paragraph for such year, then the Secretary shall ratably reduce such payments to such agencies for such year.

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