Page:United States Statutes at Large Volume 120.djvu/759

 120 STAT. 728

PUBLIC LAW 109–270—AUG. 12, 2006

‘‘(2) SEVENTY PERCENT.—Seventy percent shall be allocated to such local educational agencies in proportion to the number of individuals aged 5 through 17, inclusive, who reside in the school district served by such local educational agency and are from families below the poverty level for the preceding fiscal year, as determined on the basis of the most recent satisfactory data used under section 1124(c)(1)(A) of the Elementary and Secondary Education Act of 1965, compared to the total number of such individuals who reside in the school districts served by all the local educational agencies in the State for such preceding fiscal year. ‘‘(3) ADJUSTMENTS.—Each eligible agency, in making the allocations under paragraphs (1) and (2), shall adjust the data used to make the allocations to— ‘‘(A) reflect any change in school district boundaries that may have occurred since the data were collected; and ‘‘(B) include local educational agencies without geographical boundaries, such as charter schools and secondary schools funded by the Bureau of Indian Affairs. ‘‘(b) WAIVER FOR MORE EQUITABLE DISTRIBUTION.—The Secretary may waive the application of subsection (a) in the case of any eligible agency that submits to the Secretary an application for such a waiver that— ‘‘(1) demonstrates that a proposed alternative formula more effectively targets funds on the basis of poverty (as defined by the Office of Management and Budget and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) to local educational agencies within the State than the formula described in subsection (a); and ‘‘(2) includes a proposal for such an alternative formula. ‘‘(c) MINIMUM ALLOCATION.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), a local educational agency shall not receive an allocation under subsection (a) unless the amount allocated to such agency under subsection (a) is greater than $15,000. A local educational agency may enter into a consortium with other local educational agencies for purposes of meeting the minimum allocation requirement of this paragraph. ‘‘(2) WAIVER.—The eligible agency shall waive the application of paragraph (1) in any case in which the local educational agency— ‘‘(A)(i) is located in a rural, sparsely populated area; or ‘‘(ii) is a public charter school operating secondary school career and technical education programs; and ‘‘(B) demonstrates that the local educational agency is unable to enter into a consortium for purposes of providing activities under this part. ‘‘(3) REDISTRIBUTION.—Any amounts that are not allocated by reason of paragraph (1) or paragraph (2) shall be redistributed to local educational agencies that meet the requirements of paragraph (1) or (2) in accordance with the provisions of this section. ‘‘(d) LIMITED JURISDICTION AGENCIES.— ‘‘(1) IN GENERAL.—In applying the provisions of subsection (a), no eligible agency receiving assistance under this title

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