Page:United States Statutes at Large Volume 115 Part 2.djvu/800

 115 STAT. 1784 PUBLIC LAW 107-110-^AN. 8, 2002 include, at a minimum, information and data on the use of funds, the types of services furnished, and the students served under this part; and "(D) the evaluation will be submitted to the State educational agency at the time and in the manner requested by the State educational agency. "(9) If the local educational agency seeks funds under section 5131(a)(23), a description of how the agency will comply with the guidelines issued by the Secretary regarding samegender schools and classrooms under section 5131(c). "(c) PERIOD OF APPLICATION. —An application submitted by a local educational agency under subsection (a) may seek allocations under this part for a period not to exceed 3 fiscal years. The agency may amend the application annually, as may be necessary to reflect changes, without the filing of a new application. "(d) LOCAL EDUCATIONAL AGENCY DISCRETION.— "(1) IN GENERAL.— Subject to the limitations and requirements of this part, a local educational agency shall have complete discretion in determining how funds made available to carry out this subpart will be divided among programs described in section 5131. "(2) LIMITATION.—In exercising the discretion described in paragraph (1), a local educational agency shall ensure that expenditures under this subpart carry out the purposes of this part and are used to meet the educational needs within the schools served by the local educational agency. "Subpart 4—General Provisions 20 USC 7217. " SEC. 5141. MAINTENANCE OF EFFORT. "(a) IN GENERAL.— Except as provided in subsection (b), a State educational agency is entitled to receive its full allotment of funds under this part for any fiscal year only if the Secretary determines 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. "(b) REDUCTION OF FUNDS.— The Secretary shall reduce the amount of the allotment of funds under this part in any fiscal year in the exact proportion by which the State educational agency fails to meet the requirements of subsection (a) by falling below 90 percent of the fiscal effort per student or aggregate expenditures (using the measure most favorable to the State educational agency), and no such lesser amount shall be used for computing the effort or expenditures required under paragraph (1) for subsequent years. "(c) WAIVER. —The Secretary may waive, for 1 fiscal year only, the requirements of this section, 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 educational agency.

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