Page:United States Statutes at Large Volume 118.djvu/2702

 118 STAT. 2672 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(2) PROCEDURE FOR ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.—For each fiscal year for which funds are allocated to States under subsection (d), each State shall allocate funds under paragraph (1) as follows: ‘‘(A) BASE PAYMENTS.—The State shall first award each local educational agency described in paragraph (1) the amount the local educational agency would have received under this section for fiscal year 1999, if the State had distributed 75 percent of its grant for that year under section 611(d) as section 611(d) was then in effect. ‘‘(B) ALLOCATION OF REMAINING FUNDS.—After making allocations under subparagraph (A), the State shall— ‘‘(i) allocate 85 percent of any remaining funds to those local educational agencies on the basis of the relative numbers of children enrolled in public and private elementary schools and secondary schools within the local educational agency’s jurisdiction; and ‘‘(ii) allocate 15 percent of those remaining funds to those local educational agencies in accordance with their relative numbers of children living in poverty, as determined by the State educational agency. ‘‘(3) REALLOCATION OF FUNDS.—If a State educational agency determines that a local educational agency is adequately providing a free appropriate public education to all children with disabilities residing in the area served by that local edu cational agency with State and local funds, the State edu cational agency may reallocate any portion of the funds under this part that are not needed by that local educational agency to provide a free appropriate public education to other local educational agencies in the State that are not adequately pro viding special education and related services to all children with disabilities residing in the areas served by those other local educational agencies. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) AVERAGE PER PUPIL EXPENDITURE IN PUBLIC ELEMENTARY SCHOOLS AND SECONDARY SCHOOLS IN THE UNITED STATES.—The term ‘average per pupil expenditure in public elementary schools and secondary schools in the United States’ means— ‘‘(A) without regard to the source of funds— ‘‘(i) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the 50 States and the District of Columbia; plus ‘‘(ii) any direct expenditures by the State for the operation of those agencies; divided by ‘‘(B) the aggregate number of children in average daily attendance to whom those agencies provided free public education during that preceding year. ‘‘(2) STATE.—The term ‘State’ means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. ‘‘(h) USE OF AMOUNTS BY SECRETARY OF THE INTERIOR.— ‘‘(1) PROVISION OF AMOUNTS FOR ASSISTANCE.—

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