Page:United States Statutes at Large Volume 108 Part 5.djvu/446

 note. 108 STAT. 3936 PUBLIC LAW 103-382—OCT. 20, 1994 years 1995 through 1999 that is less than the sum of the amount such State received for fiscal year 1994 under— "(i) this part; and "(ii) subpart 2 of part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (as such subpart was in existence on the day preceding the date of enactment of the Improving America's Schools Act of 1994) for children with disabilities from birth through age 2. "(B) If, for fiscal year 1998 or 1999, the number of infants and toddlers in any State, as determined under paragraph (1), is less than the number of infants and toddlers so determined for fiscal year 1994, the amount determined under subparagraph (A) for that State shall be reduced by the same percentage by which the number of those infants and toddlers so declined. "(5)(A) If the sums made available under this part for any fiscal year are insufficient to pay the full amounts that all States are eligible to receive under this subsection for such year, the Secretary shall ratably reduce the allocations to such States for such year. "(B) If additional funds become available for making pay- ments under this subsection for such fiscal year, allocations that were reduced under subparagraph (A) shall be increased on the same basis as such allocations were reduced.". 20 USC 1484 (b) EFFECTIVE DATE. — Subsection (a) and the amendments made by subsection (a) shall take effect on October 1, 1994. SEC. 314. LOCAL CONTROL OVER VIOLENCE. (a) AMENDMENTS.— (1) IN GENERAL.— Paragraph (3) of section 615(e) of the Act (20 U.S.C. 1415(e)(3)) is amended— (A) by striking "During" and inserting "(A) Except as provided in subparagraph (B), during"; and (B) by adding at the end the following new subparagraph: "(B)(i) Except as provided in clause (iii), if the proceedings conducted pursuant to this section involve a child with a disabil- • ity who is determined to have brought a weapon to school under the jurisdiction of such agency, then the child may be '. placed in an interim alternative educational setting, in accordance with State law, for not more than 45 days. "(ii) The interim alternative educational setting described in clause (i) shall be decided by the individuals described in section 602(a)(20). "(iii) If a parent or guardian of a child described in clause (i) requests a due process hearing pursuant to paragraph (2) of subsection (b), then the child shall remain in the alternative educational setting described in such clause during the pendency of any proceedings conducted pursuant to this section, unless the parents and the local educational agency agree otherwise. "(iv) For the purpose of this section, the term 'weapon' means a firearm as such term is defined in section 921 of title 18, United States Code.". 20 USC 1415 (2) EFFECTIVE DATE. —Paragraph (1) and the amendments made by paragraph (1) shall be effective during the period note.

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