Page:United States Statutes at Large Volume 111 Part 1.djvu/98

 Ill STAT. 74 PUBLIC LAW 105-17-JUNE 4, 1997 to 20 percent of the amount of funds it receives under this part that exceeds the amount it received under this part for the previous fiscal year. "(ii) Notwithstanding clause (i), if a State educational agency determines that a local educational agency is not meeting the requirements of this part, the State educational agency may prohibit the local educational agency from treating funds received under this part as local funds under clause (i) for any fiscal year, only if it is authorized to do so by the State constitution or a State statute. "(D) SCHOOLWIDE PROGRAMS UNDER TITLE I OF THE ESEA. —Notwithstanding subparagraph (A) or any other provision of this part, a local educational agency may use funds received under this part for any fiscal year to carry out a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965, except that the amount so used in any such program shall not exceed— "(i) the number of children with disabilities participating in the schoolwide program; multiplied by "(ii)(I) the amount received by the local educational agency under this part for that fiscal year; divided by "(II) the number of children with disabilities in the jurisdiction of that agency. "(3) PERSONNEL DEVELOPMENT. — The local educational agency— "(A) shall ensure that all personnel necessary to carry out this part are appropriately and adequately prepared, consistent with the requirements of section 653(c)(3)(D); and "(B) to the extent such agency determines appropriate, shall contribute to and use the comprehensive system of personnel development of the State established under section 612(a)( 14). "(4) PERMISSIVE USE OF FUNDS.—Notwithstanding paragraph (2)(A) or section 612(a)(18)(B) (relating to commingled funds), funds provided to the local educational agency under this part may be used for the following activities: " (A) SERVICES AND AIDS THAT ALSO BENEFIT NON- DISABLED CHILDREN.— For the costs of special education and related services and supplementary aids and services provided in a regular class or other education-related setting to a child with a disability in accordance with the individualized education program of the child, even if one or more nondisabled children benefit from such services. " (B) INTEGRATED AND COORDINATED SERVICES SYS- TEM. —To develop and implement a fully integrated and coordinated services system in accordance with subsection (f). "(5) TREATMENT OF CHARTER SCHOOLS AND THEIR STU- DENTS.— In carrying out this part with respect to charter schools that are public schools of the local educational agency, the local educational agency—

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