Page:United States Statutes at Large Volume 115 Part 2.djvu/549

 PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 1533 "(11) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 2.0; "(III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 3.0; "(IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 4.5; and "(V) the number of such children in excess of 35,514 in such population, multiplied by 6.0. "(e) MAINTENANCE OF EFFORT. — "(1) IN GENERAL.— Except as provided in paragraph (2), a State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that either the combined fiscal effort per student or the aggregate expenditures within the State with respect to the provision of free public education for the fiscal year preceding the fiscal year for which the determination is made was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the determination is made. "(2) REDUCTION OF FUNDS.— The Secretary shall reduce the amount of funds awarded to any State under this section in any fiscal year in the exact proportion to which the State fails to meet the requirements of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), and no such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. "(3) WAIVERS.— The Secretary may waive, for 1 fiscal year only, the requirements of this subsection if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State. "(f) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and for each of the 5 succeeding fiscal years. " (g) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS. — "(1) IN GENERAL. — If the sums available under this section for any fiscal year are insufficient to pay the full amounts that all local educational agencies in States are eligible to receive under this section for such year, the Secretary shall ratably reduce the allocations to such local educational agencies, subject to paragraphs (2) and (3). "(2) ADDITIONAL FUNDS.— If additional funds become available for making pa3mients under this section for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced. "(3) HOLD-HARMLESS AMOUNTS.—For each fiscal year, if sufficient funds are available, the amount made available to each local educational agency under this section shall be "(A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted for grants under section 1124 is not less

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