Page:United States Statutes at Large Volume 88 Part 1.djvu/539

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

495

((MINIMUM PAYMENTS FOR STATE OPERATED PROGRAMS "SEC. 125. Except as provided in section 843 of the Education p^^"^'^ ^6u'^' Amendments of 1974, no State agency shall receive in any fiscal year Ante', pp. 491, prior to July 1, 1978, pursuant to sections 121, 122, or 123 an amount ^92, 494. which is less than 100 per centum of the amount which that State agency received in the prior fiscal year pursuant to such sections 121, 122, or 123, respectively.". (3) Section 121 of such title I and all references thereto are redesig- 20 USC 24id. nated as section 126. 20 USC 241d-ll. (4)(A) Part C of such title I is amended to read as follows: " P A R T C—SPECIAL GRANTS " E L I G I B I L I T Y A N D MAXIMUM AMOUNT OF SPECIAL GRANTS

"SEC. 131. (a) Each local educational agency in a State which is eligible for a grant under this title for any fiscal year shall be entitled to an additional grant for that fiscal year if it meets the requirements of subsection (b). The amount of such grant shall be determined in accordance with subsection (c). " (b)(1) A local educational agency shall be entitled to a grant under this part for any fiscal year if the school district of such agency is located in a county in which— " (A) the number of children described in paragraph (2) for such year amounts to at least 200 per centum of the average number of such children in all counties in the State in which such agency is located for that fiscal year; or " (B) the number of children so described in such county for such year is 10,000 and amounts to 5 per centum of the total number of children in such county. "(2) For the purposes of paragraph (1), the children counted with respect to a local educational agency shall be those children in the such county who are— " (A) in families having an annual income of $3,000 or less; or " (B) in families receiving an annual income in excess of $3,000 from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act; or " (C) living in institutions for neglected or delinquent children or being supported in foster homes with public funds. "(3)(A) Determinations with respect to numbers of children in any county under paragraph (2) shall be made by the Commissioner on the basis of the most recent satisfactory data available to him. " (B)(i) The number of children determined with respect to one or more counties shall be allocated by the Commissioner, for the purposes of paragraph (2), among the local educational agencies with school districts located in such county or counties. " (ii) In any case where— " (I) two or more local educational agencies serve, in whole or in part, the same geographical area; or " ( II) a local educational agency provides free public education for a substantial number of children who reside in the school district of another local educational agency, the Commissioner may allocate the number of children determined under this subsection among such agencies in such a manner as will best achieve the purposes of this section. " (C)(i) For the purposes of paragraph (2), the Commissioner shall determine the number of children from families having an annual income of $3,000 or less on the basis of the most recent satisfactory

42 USC 601.

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