Page:United States Statutes at Large Volume 115 Part 2.djvu/996

 115 STAT. 1980 PUBLIC LAW 107-110-JAN. 8, 2002 " (d) RULE OF CONSTRUCTION ON STATE AND LOCAL EDU- CATIONAL AGENCY MANDATES. —Nothing in this Act shall be construed to require any State educational agency or local educational agency that receives funds under this Act to mandate, direct, or control the curriculum of a private or home school, regardless or whether or not a home school is treated as a private school under state law, nor shall any funds under this Act be used for this purpose. "Subpart 2—Other Provisions 20 USC 7901. " SEC. 9521. MAINTENANCE OF EFFORT. "(a) IN GENERAL. —^A local educational agency may receive funds under a covered program for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures of the agency and the State with respect to the provision of free public education by the agency for the preceding fiscal year was not less than 90 percent of the combined fiscal effort or aggregate expenditures for the second preceding fiscal year. " (b) REDUCTION IN CASE OF FAILURE TO MEET. — "(1) IN GENERAL.— The State educational agency shall reduce the amount of the allocation of funds under a covered program in any fiscal year in the exact proportion by which a local educational agency fails to meet the requirement of subsection (a) of this section by falling below 90 percent of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to the local agency). "(2) SPECIAL RULE.— No such lesser amount shall be used for computing the effort required under subsection (a) of this section for subsequent years. "(c) WAIVER. —The Secretary may waive the requirements of this section if the Secretary determines that a waiver would be equitable due to— "(1) exceptional or uncontrollable circumstances, such as a natural disaster; or "(2) a precipitous decline in the financial resources of the local educational agency. 20 USC 7902. " SEC. 9522. PROHIBITION REGARDING STATE AID. "A State shall not take into consideration payments under this Act (other than under title VIII) in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with respect to free public education of children. 20 USC 7903. "SEC. 9523. PRIVACY OF ASSESSMENT RESULTS. "Any results from an individual assessment referred to in this Act of a student that become part of the education records of the student shall have the protections provided in section 444 of the General Education Provisions Act. 20 USC 7904. " SEC. 9524. SCHOOL PRAYER. Deadline. "(a) GUIDANCE. — The Secretary shall provide and revise guidance, not later than September 1, 2002, and of every second year thereafter, to State educational agencies, local educational agencies, and the public on constitutionally protected prayer in public

�