Page:United States Statutes at Large Volume 88 Part 1.djvu/567

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

payments under this title for any fiscal year may be taken into consideration by such State in determining the relative— " (i) financial resources available to local educational agencies in that State; and "(ii) financial need of such agencies for the provision of free public education for children served by such agency, provided that a State may consider as local resources funds received under this title only in proportion to the share that local revenues covered under a State equalization program are of total local revenues. Whenever a State educational agency or local educational agency will be adversely affected by any decision of the Commissioner pursuant to this subsection, such agency shall be afforded notice and an opportunity for a hearing prior to the implementation of such decision. " (B) The terms 'State aid' and 'equalize expenditures' as used in this subsection shall be defined by the Commissioner by regulation after consultation with State and local educational agencies affected provided that, the term 'equalize expenditures' shall not be construed in any manner adverse to a program of State aid for free public education which provides for taking into consideration the additional cost of providing free public education for particular groups or categories of pupils in meeting the special educational needs of such children as handicapped children, economically disadvantaged, those who need bilingual education, and gifted and talented children.". (3) The amendments made by this subsection shall be effective for n

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Notice and hearing.

Definitions.

Effective date. 20 USC 240

fiscal year 1975 only. note. (d)(1) Section 403(1) of such Act is amended by adding at the 20 USC 244. end thereof the following: "Real property which qualifies as Federal property under clause (A) of this paragraph shall not lose such qualification because it is used for a low-rent housing project.". (2) Clause (A) of section 5(c)(1) of such Act is amended by insert- ^° ^^^ 2'*°ing after "Economic Opportunity Act of 1964" the following: "(other than any such property which is Federal property described in section 403(1)(A)) ". AMENDMENTS TO SECTIONS 3, 5, AND 7 OF PUBLIC LAW 874, EIGHTY-FIRST CONGRESS

SEC. 305. (a)(1) Section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended to read as follows: " C H I L D R E N R E S I D I N G O N, OR WHOSE PARENTS ARE EMPLOYED ON, FEDERAL PROPERTY

"Children of Persons Who Reside and Work on Federal Property "SEC. 3. (a) For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year, the Commissioner shall determine the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools, resided on Federal projjerty and— "(1) did so with a parent employed on Federal property situated (A) in whole or in part in the county in which the school district of such agency is located, or (B) if not in such county, in whole or in part in the same State as the school district of such agency; or

20 USC 238.

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