Page:United States Statutes at Large Volume 108 Part 5.djvu/44

 108 STAT. 3534 PUBLIC LAW 103-382—OCT. 20, 1994 "(i) the school meets the comparability requirements of section 1120A(c); "(ii) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of section 1114 or 1115; and "(iii) the funds expended from such other sources equal or exceed the amount that would be provided under this part. "(2) SPECIAL RULE. —Notwithstanding paragraph (1)(C), the number of children attending private elementary and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under paragraph (1). " (c) ALLOCATIONS. — "(1) IN GENERAL.—^A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsection (a) or (b), in rank order, on the basis of the total number of children from low-income families in each area or school. "(2) SPECL\L RULE. —(A) Except as provided in subparagraph (B), the per pupil amount of funds allocated to each school attendance area or school under paragraph (1) shall be at least 125 percent of the per pupil amount of funds a local educational agency received for that year under the poverty criteria described by the local educational agency in the plan submitted under section 1112, except that this paragraph shall not apply to a local educational agency that only serves schools in which the percentage of such children is 35 percent or greater. "(B) A local educational agency may reduce the amount of funds allocated under subparagraph (A) for a school attendance area or school by the amount of any supplemental State and local funds expended in that school attendance area or school for programs that meet the requirements of section 1114 or 1115. "(3) RESERVATION. —A local educational agency shall reserve such funds as are necessary under this part to provide services comparable to those provided to children in schools funded under this part to serve— "(A) where appropriate, eligible homeless children who do not attend participating schools, including providing educationally related support services to children in shelters; "(B) children in local institutions for neglected or delinquent children; and "(C) where appropriate, neglected and delinquent children in community day school programs. 20 USC 6314. "SEC. 1114. SCHOOLWroE PROGRAMS. "(a) USE OF FUNDS FOR SCHOOLWIDE PROGRAMS.— "(1) IN GENERAL.—^A local educational agency may use funds under this part, in combination with other Federal, State, and local funds, in order to upgrade the entire educational program in a school described in subparagraph (A) or (B) if, for the initial year of the schoolwide program, the school meets either of the following criteria:

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