Page:United States Statutes at Large Volume 111 Part 1.djvu/80

 Ill STAT. 56 PUBLIC LAW 105-17-JUNE 4, 1997 funds provided under paragraph (1) of this subsection, an amount equal to— "(I) the number of children with disabilities, aged 6 through 21, to whom the agency was providing special education and related services on December 1 of the fiscal year for which the funds were appropriated, subject to the limitation in subparagraph (B); multiplied by "(11) the per-child amount provided under such subpart for fiscal year 1994; and "(ii) may use those funds to ensure that each local educational agency that received fiscal year 1994 funds under that subpart for children who had transferred from a State-operated or State-supported school or program assisted under that subpart receives, from the combination of funds available under subsection (f)(1)(A) and funds provided under paragraph (1) of this subsection, an amount for each such child, aged 3 through 21 to whom the agency was providing special education and related services on December 1 of the fiscal year for which the funds were appropriated, equal to the per-child amount the agency received under that subpart for fiscal year 1994. "(B) The number of children counted under subparagraph (A)(i)(I) shall not exceed the number of children aged 3 through 21 for whom the agency received fiscal year 1994 funds under subpart 2 of part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965. "(4) REALLOCATION OF FUNDS.— If a State educational agency determines that a local educational agency is adequately providing a free appropriate public education to all children with disabilities residing in the area served by that agency with State and local funds, the State educational agency may reallocate any portion of the funds under this part that are not needed by that local agency to provide a free appropriate public education to other local educational agencies in the State that are not adequately providing special education and related services to all children with disabilities residing in the areas they serve. "(h) DEFINITIONS. — For the purpose of this section— "(1) the term 'average per-pupil expenditure in public elementary and secondary schools in the United States' means— "(A) without regard to the source of funds— "(i) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the 50 States and the District of Columbia); plus "(ii) any direct expenditures by the State for the operation of those agencies; divided by "(B) the aggregate number of children in average daily attendance to whom those agencies provided free public education during that preceding year; and

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