Page:United States Statutes at Large Volume 108 Part 5.djvu/43

 PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3533 "(4) REMAINING FUNDS. —If funds remain after serving all eligible school attendance areas under paragraph (3), a local educational agency shall— "(A) annu£dly rank such agency^s remaining eligible school attendance areas from highest to lowest either by grade span or for the entire local educational agency according to the percentage of children from low-income families; and "(B) serve such eligible school attendance areas in rank order either within each grade-span grouping or within the local educational agency as a whole. "(5) MEASURES.— The local educational agency shall use the same measure of poverty, which measure shall be the number of children ages 5 through 17 in poverty counted in the most recent census data approved by the Secretary, the number of children eligible for free and reduced priced lunches under the National School Lunch Act, the number of children in families receiving assistance under the Aid to Families with Dependent Children program, or the number of children eligible to receive medical assistance under the Medicaid program, or a composite of such indicators, with respect to all school attendance areas in the local educational agency— "(A) to identify eligible school attendance areas; "(B) to determine the ranking of each area; and "(C) to determine allocations under subsection (c). "(6) EXCEPTION. — This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. "(7) WAIVER FOR DESEGREGATION PLANS. —The Secretary may approve a local educational agency's written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered or a court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if (A) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school's total enrollment; and (B) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. " (b) LOCAL EDUCATIONAL AGENCY DISCRETION.— "(1) IN GENER/LL.—Notwithstanding subsection (a)(2), a local educational agency may— "(A) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families; "(B) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency; and "(C) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if—

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