Page:United States Statutes at Large Volume 115 Part 2.djvu/934

 115 STAT. 1918 PUBLIC LAW 107-110-JAN. 8, 2002 "(1) A count of the number of students in the schools certified by the Bureau. "(2) A count of the number of students for whom the school has eligibility forms that comply with this section. "(h) TIMING OF CHILD COUNTS.— For purposes of determining the number of children to be counted in calculating the amount of a local educational agency's grant under this subpart (other than in the case described in subsection (g)(1)), the local educational agency shall— "(1) establish a date on, or a period not longer than 31 consecutive days during, which the agency counts those children, if that date or period occurs before the deadline established by the Secretary for submitting an application under section 7114; and "(2) determine that each such child was enrolled, and receiving a free public education, in a school of the agency on that date or during that period, as the case may be. 20 USC 7428. "SEC. 7118. PAYMENTS. "(a) IN GENERAL.— Subject to subsections (b) and (c), the Secretary shall pay to each local educational agency that submits an application that is approved by the Secretary under this subpart the amount determined under section 7113. The Secretary shall notify the local educational agency of the amount of the payment not later than June 1 of the year for which the Secretary makes the payment. "(b) PAYMENTS TAKEN INTO ACCOUNT BY THE STATE. —The Secretary may not make a grant under this subpart to a local educational agency for a fiscal year if, for such fiscal year, the State in which the local educational agency is located takes into consideration payments made under this chapter in determining the eligibility of the local educational agency for State aid, or the amount of the State aid, with respect to the free public education of children during such fiscal year or the preceding fiscal year. " (c) REDUCTION OF PAYMENT FOR FAILURE TO MAINTAIN FISCAL EFFORT. — "(1) IN GENERAL.— The Secretary may not pay a local educational agency the full amount of a grant award determined under section 7113 for any fiscal year unless the State educational agency notifies the Secretary, and the Secretary determines, that with respect to the provision of free public education by the local educational agency for the preceding fiscal year, the combined fiscal effort of the local educational agency and the State, computed on either a per student or aggregate expenditure basis, was not less than 90 percent of the amount of the combined fiscal effort, computed on the same basis, for the second preceding fiscal year. "(2) FAILURE TO MAINTAIN EFFORT. —I f, for the preceding fiscal year, the Secretary determines that a local educational agency and State failed to maintain the combined fiscal effort for such agency at the level specified in paragraph (1), the Secretary shall— "(A) reduce the amount of the grant that would otherwise be made to such agency under this subpart in the exact proportion of the failure to maintain the fiscal effort at such level; and

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