Page:United States Statutes at Large Volume 108 Part 5.djvu/272

 108 STAT. 3762 PUBLIC LAW 103-382—OCT. 20, 1994 "(1) IN GENERAL. —The Secretary shall approve an application submitted under this section that— "(A) except as provided in paragraph (2), is filed by the deadline established under subsection (c); and "(B) otherwise meets the requirements of this title. "(2) REDUCTION IN PAYMENT. —The Secretary shall approve an application filed not more than 60 days after a deadline established under subsection (c) that otherwise meets the requirements of this title, except that, notwithstanding section 8003(e), the Secretary shall reduce the payment based on such late application by 10 percent of the amount that would otherwise be paid. "(3) LATE APPLICATIONS. —The Secretary shall not accept or approve any application that is filed more than 60 days after a deadline established under subsection (c). "(4) STATE APPLICATION AUTHORITY.— Notwithstanding any other provision of law, a State educational agency that had been accepted as an applicant for funds under section 3 of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on the day preceding the date of enactment of the Improving America's Schools Act of 1994) in fiscal year 1994 shall be permitted to continue as an applicant under the same conditions by which such agency made application during such fiscal year only if such State educational agency distributes all funds received for the students for which application is being made by such State educational agency to the local educational agencies providing educational services to such students. 20 USC 7706. "SEC. 8006. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN ATTENDANCE OF MILITARY DEPENDENTS. "(a) ELIGIBILITY.— A local educational agency is eligible for a payment under this section if— "(1) the number of children in average daily attendance during the school year for which the determination is made is at least 10 percent or 100 more than the number of children in average daily attendance in the school year preceding the school year for which the determination is made; and "(2) the number of children in average daily attendance with a parent on active duty (as defined in section 101(18) of title 37, United States Code) in the Armed Forces who are in attendance at such agency because of the assignment of their parent to a new duty station between May 15 and September 30, inclusive, of the fiscal year for which the determination is made, as certified by an appropriate local official of the Department of Defense, is at least 10 percent or 100 more than the number of children in average daily attendance in the preceding school year. "(b) APPLICATION. —^A local educational agency that wishes to receive a payment under this section shall file an application with the Secretary by October 15 of the school year for which payment is requested, in such manner and containing such information as the Secretary may prescribe, including information demonstrating that such agency is eligible for such a payment. "(c) CHILDREN TO BE COUNTED. —For each eligible local educational agency that applies for a payment under this section, the Secretary shall determine the lesser of—

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