Page:United States Statutes at Large Volume 118.djvu/2725

 118 STAT. 2695 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(I) has left the jurisdiction of the agency; ‘‘(II) has reached the age at which the obliga tion of the agency to provide a free appropriate public education to the child has terminated; or ‘‘(III) no longer needs such program of special education; or ‘‘(iv) the termination of costly expenditures for long term purchases, such as the acquisition of equip ment or the construction of school facilities. ‘‘(C) ADJUSTMENT TO LOCAL FISCAL EFFORT IN CERTAIN FISCAL YEARS.— ‘‘(i) AMOUNTS IN EXCESS.—Notwithstanding clauses (ii) and (iii) of subparagraph (A), for any fiscal year for which the allocation received by a local educational agency under section 611(f) exceeds the amount the local educational agency received for the previous fiscal year, the local educational agency may reduce the level of expenditures otherwise required by subparagraph (A)(iii) by not more than 50 percent of the amount of such excess. ‘‘(ii) USE OF AMOUNTS TO CARRY OUT ACTIVITIES UNDER ESEA.—If a local educational agency exercises the authority under clause (i), the agency shall use an amount of local funds equal to the reduction in expenditures under clause (i) to carry out activities authorized under the Elementary and Secondary Edu cation Act of 1965. ‘‘(iii) STATE PROHIBITION.—Notwithstanding clause (i), if a State educational agency determines that a local educational agency is unable to establish and maintain programs of free appropriate public education that meet the requirements of subsection (a) or the State educational agency has taken action against the local educational agency under section 616, the State educational agency shall prohibit the local educational agency from reducing the level of expenditures under clause (i) for that fiscal year. ‘‘(iv) SPECIAL RULE.—The amount of funds expended by a local educational agency under sub section (f) shall count toward the maximum amount of expenditures such local educational agency may reduce under clause (i). ‘‘(D) SCHOOLWIDE PROGRAMS UNDER TITLE I OF THE ESEA.—Notwithstanding subparagraph (A) or any other provision of this part, a local educational agency may use funds received under this part for any fiscal year to carry out a schoolwide program under section 1114 of the Elementary and Secondary Education Act of 1965, except that the amount so used in any such program shall not exceed— ‘‘(i) the number of children with disabilities partici pating in the schoolwide program; multiplied by ‘‘(ii)(I) the amount received by the local educational agency under this part for that fiscal year; divided by ‘‘(II) the number of children with disabilities in the jurisdiction of that agency.

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