Page:United States Statutes at Large Volume 108 Part 5.djvu/276

 108 STAT. 3766 PUBLIC LAW 103-382—OCT. 20, 1994 affected local educational agency the amount by which the State reduced State aid to the local educational agency. "(c) PROCEDURES FOR REVIEW OF STATE EQUALIZATION PLANS. — "(1) WRITTEN NOTICE.— "(A) IN GENERAL. — Any State that wishes to consider payments described in subsection (b)(1) in providing State aid to local educational agencies shall submit to the Secretary, not later than 120 days before the beginning of the State's fiscal year, a written notice of such State's intention to do so. "(B) CONTENTS.— Such notice shall be in the form and contain the information the Secretary requires, including evidence that the State has notified each local educational agency in the State of such State's intention to consider such payments in providing State aid. "(2) OPPORTUNITY TO PRESENT VIEWS. —Before making a determination under subsection (b), the Secretary shall afford the State, and local educational agencies in the State, an opportunity to present their views. "(3) QUALIFICATION PROCEDURES. — If the Secretary determines that a program of State aid qualifies under subsection (b), the Secretary shall— "(A) certify the program and so notify the State; and "(B) afford an opportunity for a hearing, in accordance with section 8011(a), to any local educational agency adversely affected by such certification. "(4) NON-QUALIFICATION PROCEDURES. —I f the Secretary determines that a program of State aid does not qualify under subsection (b), the Secretary shall— "(A) so notify the State; and "(B) afford an opportunity for a hearing, in accordance with section 8011(a), to the State, and to any local educational agency adversely affected by such determination. "(d) TREATMENT OF STATE AID. — "(1) IN GENERAL. — If a State has in effect a program of State aid for free public education for any fiscal year, which is designed to equalize expenditures for free public education among the local educational agencies of that State, payments under this title or under the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding the date of enactment of the Improving America's Schools Act of 1994) for any fiscal year may be taken into consideration by such State in determining the relative— "(A) financial resources available to local educational agencies in that State; and "(B) financial need of such agencies for the provision of free public education for children served by such agency, except that a State may consider as local resources funds received under this title or under the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such Act was in effect on the day preceding the date of enactment of the Improving America's Schools Act of 1994) only in proportion to the share that local tax revenues covered under a State equalization program are of total local tax revenues. "(2) PROHIBITION. —^A State may not take into consideration payments under this title or under the Act of September 30,

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