Page:United States Statutes at Large Volume 115 Part 2.djvu/589

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1573 "(B) 32 percent of the average per-pupil expenditure in the United States. "(2) MINIMUM PERCENTAGE.—The percentage in paragraph (1)(A) shall not be less than— "(A) for fiscal year 2002, 77.5 percent; "(B) for fiscal year 2003, 80.0 percent; "(C) for fiscal year 2004, 82.5 percent; and "(D) for fiscal year 2005 and succeeding fiscal years, 85.0 percent. "(3) LIMITATION.— If the application of paragraph (2) for any fiscal year would result in any of the 50 States or the District of Columbia receiving less under this part than it received under this part for the preceding fiscal year, then the percentage described in paragraph (1)(A) that is used for the Commonwealth of Puerto Rico for the fiscal year for which the determination is made shall be the greater of the percentage in paragraph (1)(A) for such fiscal year or the percentage used for the preceding fiscal year. " (c) RATABLE REDUCTIONS; REALLOCATIONS. — "(1) IN GENERAL. —(A) If, after the Secretary reserves funds under section 1308(c), the amount appropriated to carry out this part for any fiscal year is insufficient to pay in full the amounts for which all States are eligible, the Secretary shall ratably reduce each such amount. "(B) If additional funds become available for making such payments for any fiscal year, the Secretary shall allocate such funds to States in amounts that the Secretary determines will best carry out the purpose of this part. "(2) SPECIAL RULE.— (A) The Secretary shall further reduce the amount of any grant to a State under this part for any fiscal year if the Secretary determines, based on available information on the numbers and needs of migratory children in the State and the program proposed by the State to address such needs, that such amount exceeds the amount required under section 1304. "(B) The Secretary shall reallocate such excess funds to other States whose grants under this part would otherwise be insufficient to provide an appropriate level of services to migratory children, in such amounts as the Secretary determines are appropriate. " (d) CONSORTIUM ARRANGEMENTS.— "(1) IN GENERAL.— In the case of a State that receives a grant of $1,000,000 or less under this section, the Secretary shall consult with the State educational agency to determine whether consortium arrangements with another State or other appropriate entity would result in delivery of services in a more effective and efficient manner. "(2) PROPOSALS.— Any State, regardless of the amount of such State's allocation, may submit a consortium arrangement to the Secretary for approval. "(3) APPROVAL.— The Secretary shall approve a consortium arrangement under paragraph (1) or (2) if the proposal demonstrates that the arrangement will— "(A) reduce administrative costs or program function costs for State programs; and

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