Page:United States Statutes at Large Volume 111 Part 1.djvu/97

 PUBLIC LAW 105-17-JUNE 4, 1997 111 STAT. 73 "SEC. 613. LOCAL EDUCATIONAL AGENCY ELIGIBILITY. 20 USC 1413. "(a) IN GENERAL. —^A local educational agency is eligible for assistance under this part for a fiscal year if such agency demonstrates to the satisfaction of the State educational agency that it meets each of the following conditions: "(1) CONSISTENCY WITH STATE POLICIES. —The local educational agency, in providing for the education of children with disabilities within its jurisdiction, has in effect policies, procedures, and programs that are consistent with the State policies and procedures established under section 612. "(2) USE OF AMOUNTS. — "(A) IN GENERAL. — Amounts provided to the local educational agency under this part shall be expended in accordance with the applicable provisions of this part and— "(i) shall be used only to pay the excess costs of providing special education and related services to children with disabilities; "(ii) shall be used to supplement State, local, and other Federal funds and not to supplant such funds; and "(iii) shall not be used, except as provided in subparagraphs (B) and (C), to reduce the level of expenditures for the education of children with disabilities made by the local educational agency from local funds below the level of those expenditures for the preceding fiscal year. "(B) EXCEPTION. —Notwithstanding the restriction in subparagraph (A)(iii), a local educational agency may reduce the level of expenditures where such reduction is attributable to— "(i) the voluntary departure, by retirement or otherwise, or departure for just cause, of special education personnel; "(ii) a decrease in the enrollment of children with disabilities; "(iii) the termination of the obligation of the agency, consistent with this part, to provide a program of special education to a particular child with a disability that is an exceptionally costly program, as determined by the State educational agency, because the child— "(I) has left the jurisdiction of the agency; "(II) has reached the age at which the obligation of the agency to provide a free appropriate public education to the child has terminated; or "(III) no longer needs such program of special education; or "(iv) the termination of costly expenditures for long-term purchases, such as the acquisition of equipment or the construction of school facilities. "(C) TREATMENT OF FEDERAL FUNDS IN CERTAIN FISCAL YEARS. — "(i) Notwithstanding clauses (ii) and (iii) of subparagraph (A), for any fiscal year for which amounts appropriated to carry out section 611 exceeds $4,100,000,000, a local educational agency may treat as local funds, for the purpose of such clauses, up 39-194O-97-4:QL3Part1

�