Page:United States Statutes at Large Volume 115 Part 2.djvu/935

 PUBLIC LAW 107-110-^AN. 8, 2002 115 STAT. 1919 "(B) not use the reduced amount of the agency and State expenditures for the preceding year to determine compHance with paragraph (1) for any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with paragraph (1). "(3) WAIVER. — "(A) IN GENERAL.— The Secretary may waive the requirement of paragraph (1) for a local educational agency, for not more than 1 year at a time, if the Secretary determines that the failure to comply with such requirement is due to exceptional or uncontrollable circumstances, such as a natural disaster or a precipitous and unforeseen decline in the agency's financial resources. "(B) FUTURE DETERMINATIONS.— The Secretary shall not use the reduced amount of the agency's expenditures for the fiscal year preceding the fiscal year for which a waiver is granted to determine compliance with paragraph (1) for any succeeding fiscal year, but shall use the amount of expenditures that would have been required to comply with paragraph (1) in the absence of the waiver. "(d) REALLOCATIONS.—The Secretary may reallocate, in a manner that the Secretary determines will best carry out the purpose of this subpart, any amounts that— "(1) based on estimates made by local educational agencies or other information, the Secretary determines will not be needed by such agencies to carry out approved programs under this subpart; or "(2) otherwise become available for reallocation under this subpart. "SEC. 7119. STATE EDUCATIONAL AGENCY REVIEW. 20 USC 7429. "Before submitting an application to the Secretary under section 7114, a local educational agency shall submit the application to the State educational agency, which may comment on such application. If the State educational agency comments on the application, the agency shall comment on all applications submitted by local educational agencies in the State and shall provide those comments to the respective local educational agencies, with an opportunity to respond. "Subpart 2—Special Programs and Projects To Improve Educational Opportunities for Indian Children " SEC. 7121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR 20 USC 7441. INDIAN CHILDREN. "(a) PURPOSE.— "(1) IN GENERAL. —It is the purpose of this section to support projects to develop, test, and demonstrate the effectiveness of services and programs to improve educational opportunities and achievement of Indian children. "(2) COORDINATION.—The Secretary shall take the necessary actions to achieve the coordination of activities assisted under this subpart with— "(A) other programs funded under this Act; and

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