Page:United States Statutes at Large Volume 118.djvu/2773

 118 STAT. 2743 PUBLIC LAW 108–446—DEC. 3, 2004 skills) in accordance with part C to children with disabilities who are eligible for services under this section and who pre viously received services under part C until such children enter, or are eligible under State law to enter, kindergarten; or ‘‘(6) at the State’s discretion, to continue service coordina tion or case management for families who receive services under part C. ‘‘(g) SUBGRANTS TO LOCAL EDUCATIONAL AGENCIES.— ‘‘(1) SUBGRANTS REQUIRED.—Each State that receives a grant under this section for any fiscal year shall distribute all of the grant funds that the State does not reserve under subsection (d) to local educational agencies in the State that have established their eligibility under section 613, as follows: ‘‘(A) BASE PAYMENTS.—The State shall first award each local educational agency described in paragraph (1) the amount that agency would have received under this section for fiscal year 1997 if the State had distributed 75 percent of its grant for that year under section 619(c)(3), as such section 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. ‘‘(2) 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 aged 3 through 5 residing in the area served by the local educational agency with State and local funds, the State educational agency may reallocate any portion of the funds under this section that are not needed by that local educational agency to provide a free appropriate public edu cation to other local educational agencies in the State that are not adequately providing special education and related services to all children with disabilities aged 3 through 5 residing in the areas the other local educational agencies serve. ‘‘(h) PART C INAPPLICABLE.—Part C does not apply to any child with a disability receiving a free appropriate public education, in accordance with this part, with funds received under this section. ‘‘(i) STATE DEFINED.—In this section, the term ‘State’ means each of the 50 States, the District of Columbia, and the Common wealth of Puerto Rico. ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section such sums as may be necessary.

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