Page:United States Statutes at Large Volume 88 Part 1.djvu/540

 496

42 USC 6 0 1.

Grant formula.

Payments, limitation.

Appropriation.

"State." "Children." R e p e a l; effective date. Ante, p. 495. Excess costs. 20 USC 241e.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

data available from the Department of Commerce. At any time such data for a county are available in the Department of Commerce, such data shall be used in making calculations under this subsection. "(ii) For the purposes of this subsection, the Secretary of Health, Education, and Welfare shall determine the number of children from 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 and the number of children living in institutions for neglected or delinquent children or being supported in foster homes with public funds, on the basis of caseload data for the month of January of the preceding fiscal year, or to the extent that such data are not available to him before April 1 of the calendar year in which the determination is made, then on the basis of the most recent data available to him at the time of such determination. For the purposes of this subsection, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children. "(c) The amount of the grant to which a local educational agency shall be entitled for any fiscal year shall be— " (A) the number of children determined with respect'to such agency under subsection (b); multiplied by— " (B) 50 per centum of the average per pupil expenditure of all the local educational agencies in the State in which such agency is located. " (d) Notwithstanding any other provision of this section, no payments for any fiscal year under this part to the local educational agencies in a single State shall exceed 12 per centum of the aggregate payments to all local educational agencies in that year under this part. " (e)(1) The aggregate of the amount for which all local educational agencies are eligible under this part shall not exceed $75,000,000 for any fiscal year. If, for any fiscal year, such aggregate, as computed without regard to the preceding sentence, exceeds $75,000,000, the amount for which each local educational agency is eligible shall be reduced ratably until such aggregate does not exceed such limitation. "(2) For the purpose of making payments under this part there are authorized to be appropriated not in excess of $75,000,000 for the fiscal year ending June 30, 1975. "(f) For the purposes of this section, the term— "(1) 'State' means the fifty States and the District of Columbia; and "(2) 'children' includes all children aged five through seventeen, inclusive.". (B) Effective July 1, 1975, part C of such title I is repealed. (5)(A) Section 141(a)(1) of such title I is amended by striking out so much thereof as precedes clause (B) and inserting in lieu thereof the following: "(1) that payments under this title will be used for the excess costs of programs and projects (including the acquisition of equipment, payments to teachers of amounts in excess of regular salary schedules as a bonus for service in schools eligible for assistance under this title, the training of teachers, and, where necessary, the construction of school facilities and plans made or to be made for such programs, projects, and facilities)(A) which are designed to meet the special educational needs of educationally deprived children in school attendance areas having high concentrations of children from low-income families and". (B) Section 1 4 1 (a)(1)(A) of such title I is amended by adding

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