Page:United States Statutes at Large Volume 115 Part 2.djvu/741

 PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 1725 and opportunity for a hearing to the affected State educational agency, that such data or estimates are clearly erroneous. "(2) SPECIAL RULE.— No such determination with respect to the number of immigrant children and youth shall operate because of an underestimate or overestimate to deprive any State educational agency of the allotment under this section that such State would otherwise have received had such determination been made on the basis of accurate data. "(d) REALLOTMENT. — "(1) IN GENERAL. — Whenever the Secretary determines that any amount of a payment made to a State under this subpart for a fiscal year will not be used by such State for carrying out the purpose for which the payment was made, the Secretary shall make such amount available for carrying out such purpose to one or more other States to the extent the Secretary determines that such other States will be able to use such additional amount for carrying out such purpose. "(2) FISCAL YEAR.— Any amount made available to a State from any appropriation for a fiscal year in accordance with paragraph (1) shall, for purposes of this subpart, be regarded as part of such State's payment (as determined under subsection (b)) for such year, but shall remain available until the end of the succeeding fiscal year. " (e) RESERVATION OF FUNDS. — "(1) IN GENERAL. — Notwithstanding any other provision of this subpart, if the amount appropriated to carry out this subpart exceeds $50,000,000 for a fiscal year, a State educational agency may reserve not more than 20 percent of such agency's payment under this subpart for such year to award grants, on a competitive basis, to local educational agencies within the State as follows: " (A) AGENCIES WITH IMMIGRANT CHILDREN AND YOUTH.— At least ¥2 of the funds reserved under this paragraph shall be made available to eligible local educational agencies (as described in subsection (b)(2)) within the State with the highest numbers and percentages of immigrant children and youth. " (B) AGENCIES WITH A SUDDEN INFLUX OF CHILDREN AND YOUTH. —Funds reserved under this paragraph and not made available under subparagraph (A) may be distributed to local educational agencies within the State that are experiencing a sudden influx of immigrant children and youth and that are otherwise not eligible for assistance under this subpart. "(2) USE OF GRANT FUNDS. —Each local educational agency receiving a grant under paragraph (1) shall use such grant funds to carry out the activities described in section 3247. "(3) INFORMATION.— Local educational agencies receiving funds under paragraph (1) with the highest number of immigrant children and youth may make information available on serving immigrant children and youth to local educational agencies in the State with sparse numbers of such children and youth. "SEC. 3245. STATE APPLICATIONS. 20 USC 6965. "(a) SUBMISSION.—No State educational agency shall receive any payment under this subpart for any fiscal year unless such

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