Page:United States Statutes at Large Volume 114 Part 3.djvu/420

 114 STAT. 1654A-378 PUBLIC LAW 106-398 —APPENDIX assistance payment under subsection (f) (as such subsection was in effect on the day before the date of the enactment of the Impact Aid Reauthorization Act of 2000) for fiscal year 2000 is eligible to receive a basic support payment under subparagraph (A) for fiscal year 2002 and any subsequent fiscal year with respect to a number of children determined under subsection (a)(1) only if the agency is a local educational agency whose boundaries are the same as a Federal military installation, or the agency— "(I) has an enrollment of children described in subsection (a)(1) that constitutes a percentage of the total student enrollment of the agency that— "(aa) is not less than 50 percent if such agency receives a payment on behalf of children described in subparagraphs (F) and (G) of such subsection; or "(bb) is not less than 40 percent if such agency does not receive a pa5anent on behalf of such children; "(II)(aa) for a local educational agency that has a total student enrollment of 350 or more students, has a per-pupil expenditure that is less than the average per-pupil expenditure of the State in which the agency is located; or "(bb) for a local educational agency that has a total student enrollment of less than 350 students, has a per-pupil expenditure that is less thsm the average per-pupil expenditure of a comparable local educational agency in the State in which the agency is located; and "(III) has a tax rate for general fund purposes that is at least 95 percent of the average tax rate for general fund purposes of comparable local educational agencies in the State, " (ii) RESUMPTION OF ELIGIBILITY. — A heavily impacted local educational agency described in clause (i) that becomes ineligible under such clause for 1 or more fiscal years may resume eligibility for a basic support payment under this paragraph for a subsequent fiscal year only if the agency is a local educational agency whose boundaries are the same as a Federal military installation, or meets the requirements of clause (i), for that subsequent fiscal year, except that such agency shall continue to receive a basic support payment under this paragraph for the fiscal year for which the ineligibility determination is made. "(iii) APPLICATION. —With respect to the first fiscal year for which a heavily impacted local educational agency described in clause (i) applies for a basic support payment under subparagraph (A), or with respect to the first fiscal year for which a heavily impacted local educational agency applies for a basic support payment under subparagraph (A) after becoming ineligible under clause (i) for 1 or more preceding fiscal

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