Page:United States Statutes at Large Volume 115 Part 2.djvu/550

 115 STAT. 1534 PUBLIC LAW 107-110-^AN. 8, 2002 than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency; "(B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and "(C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent. "(4) APPLICABILITY.— Notwithstanding any other provision of law, the Secretary shall not take into consideration the hold-harmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by the Secretary other than a program authorized under this part. 20 USC 6338. "SEC. 1126. SPECIAL ALLOCATION PROCEDURES. "(a) ALLOCATIONS FOR NEGLECTED CHILDREN.— "(1) IN GENERAL.—I f a State educational agency determines that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children who are living in institutions for neglected children as described in section 1124(c)(1)(B), the State educational agency shall, if such agency assumes responsibility for the special educational needs of such children, receive the portion of such local educational agency's allocation under sections 1124, 1124A, 1125, and 1125A that is attributable to such children. "(2) SPECLVL RULE.— If the State educational agency does not assume such responsibility, any other State or local public agency that does assume such responsibility shall receive that portion of the local educational agency's allocation. "(b) ALLOCATIONS AMONG LOCAL EDUCATIONAL AGENCIES.— The State educational agency may allocate the amounts of grants under sections 1124, 1124A, 1125, and 1125A among the affected local educational agencies— "(1) if two or more local educational agencies serve, in whole or in part, the same geographical area; "(2) if a local educational agency provides free public education for children who reside in the school district of another local educational agency; or "(3) to reflect the merger, creation, or change of boundaries of one or more local educational agencies. "(c) REALLOCATION. — If a State educational agency determines that the amount of a grant a local educational agency would receive under sections 1124, 1124A, 1125, and 1125A is more than such local educational agency will use, the State educational agency shall make the excess amount available to other local educational agencies in the State that need additional funds in accordance with criteria established by the State educational agency. 20 USC 6339. " SEC. 1127. CARRYOVER AND WAIVER. "(a) LIMITATION ON CARRYOVER.— Notwithstanding section 421(b) of the General Education Provisions Act or any other provision of law, not more than 15 percent of the funds allocated to a local educational agency for any fiscal year under this subpart (but not including funds received through any reallocation under this subpart) may remain available for obligation by such agency for one additional fiscal year.

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