Page:United States Statutes at Large Volume 112 Part 5.djvu/352

 112 STAT. 3110 PUBLIC LAW 105-332—OCT. 31, 1998 local educational agencies in the State for such preceding fiscal year. "(2) 70 PERCENT.— 70 percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 15 through 19, inclusive, who reside in the school district served by such local educational agency from families with incomes below the poverty line (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved for the fiscal year for which the determination is made compared to the number of such individuals who reside in the school districts served by all the local educational agencies in the State for such preceding fiscal year. "(c) WAIVER FOR MORE EQUITABLE DISTRIBUTION.— The Secretary may waive the application of subsection (b) in the case of any eligible agency that submits to the Secretary an application for such a waiver that— "(1) demonstrates that a proposed alternative formula more effectively targets funds on the basis of poverty (as defined by the Office of Management and Budget and revised annually ?s in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2)) to local educational agencies within the State than the formula described in subsection (b); and "(2) includes a proposal for such an alternative formula. • " (d) MINIMUM ALLOCATION.— "(1) IN GENERAL.— Except as provided in paragraph (2), a local educational agency shall not receive an allocation under subsection (a) unless the amount allocated to such agency under subsection (a) is greater than $15,000. A local educational agency may enter into a consortium with other local educational agencies for purposes of meeting the minimum allocation " (2) WAIVER.—The eligible agency shall waive the application of paragraph (1) in any case in which the local educational agency— "(A)(i) is located in a rural, sparsely populated area, or "(ii) is a public charter school operating secondary vocational and technical education programs; and "(B) demonstrates that the local educational agency is unable to enter into a consortium for purposes of providing activities under this part. "(3) REDISTRIBUTION. — Any amounts that are not allocated s by reason of paragraph (1) or paragraph (2) shall be redistributed to local educational agencies that meet the requirements of paragraph (1) or (2) in accordance with the provisions of this section. " (e) LIMITED JURISDICTION AGENCIES. — "(1) IN GENERAL.—In applying the provisions of subsection (a), no eligible agency receiving assistance under this title shall allocate funds to a local educational agency that serves only elementary schools, but shall distribute such funds to the local educational agency or regional educational agency that provides secondary school services to secondary school students in the same attendance area.
 * , requirement of this paragraph.

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