Page:United States Statutes at Large Volume 114 Part 5.djvu/92

 114 STAT. 2763A-52 PUBLIC LAW 106-554—APPENDIX A under such part by all local educational agencies in the State; (II) award to rural local educational agencies in the State, in the aggregate, at least an amount which bears the same relationship to such total amount as the aggregate amount such rural local educational agencies received under part A of title I of the Elementary and Secondary Education Act of 1965 for fiscal year 2000 bears to the aggregate amount received for such fiscal year under such part by all local educational agencies in the State; and (III) award the remaining funds to local educational agencies not receiving an award under subclause (I) or (II), including high poverty and rural local educational agencies that did not receive such an award. (ii) HIGH POVERTY LOCAL EDUCATIONAL AGEN- CIES.—^A local educational agency is described in this clause if— (I) the percentage described in subparagraph (C)(i) with respect to the agency is 30 percent or greater; or (II) the number of children described in such subparagraph with respect to the agency is at least 10,000. (C) CRITERIA FOR AWARDING GRANTS.—In awarding competitive grants under this paragraph, a State educational agency or State entity shall take into account the following criteria: (i) The percentage of poor children 5 to 17 years of age, inclusive, in a local educational agency. (ii) The need of a local educational agency for school repair and renovation, as demonstrated by the condition of its public school facilities. (iii) The fiscal capacity of a local educational agency to meet its needs for repair and renovation of public school facilities without assistance under this section, including its ability to raise funds through the use of local bonding capacity and otherwise. (iv) In the case of a local educational agency that proposes to fund a repair or renovation project for a charter school or schools, the extent to which the school or schools have access to funding for the project through the financing methods available to other public schools or local educational agencies in the State. (v) The likelihood that the local educational agency will maintain, in good condition, any facility whose repair or renovation is assisted under this section. (D) POSSIBLE MATCHING REQUIREMENT.— (i) IN GENERAL. —^A State educational agency or State entity may require local educational agencies to match funds awarded under this subsection. (ii) MATCH AMOUNT.—The amount of a match described in clause (i) may be established by using a sliding scale that takes into account the relative

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