Page:United States Statutes at Large Volume 92 Part 2.djvu/1027

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2307

(2) Paragraph (2)(D) of such section 5(c) of such Act is amended 20 USC 240. by inserting atter "section 3(b) " the following: "(other than such children with respect to whom a payment is made under clause (A) (ii) of this paragraph)". (d) Section 3 of such Act is amended by adding at the end thereof 20 USC 238. the following new subsection: "(g) Notwithstanding any other provisions of this Act, no State may require that a vote of the qualified electors of a heavily impacted school district of a local educational agency be held to determine if such school district will spend the amounts to which the local educational agency is entitled under this Act.". ABSORPTION

SEC. 1004. Subparagraph (A) of paragraph (2) of section 3(d) of Repeal, the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is hereby repealed. < '

EARLY PAYMENTS ON THE BASIS OF ESTIMATES

SEC. 1005. Subsection (b) of section 5 of the Act of September 30, 20 USC 240. 1950 (Public Law 874, Eighty-first Congress) is amended by inserting " (1)" after " (b) " and by adding at the end thereof the following new paragraph: "(2) Not later than thirty days after the beginning of any fiscal j^ear the Commissioner shall, on the basis of any application for preliminary payment from any local educational agency which was eligible for a payment during the preceding fiscal year on the basis of entitlements established under section 2 or 3, make such a payment to such agency of not less than 75 per centum of the amount that such agency received during such preceding fiscal year.". STATE EQUALIZATION

SEC. 1006. (a) Section 5(d)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by adding at the end thereof the following new subparagraph: "(C)(i) If a State desires to take payments under this section into consideration as provided in this paragraph for any fiscal year, that State shall, not later than sixty days prior to the beginning of such fiscal year, submit notice to the Commissioner of its intention to do so. Such notice shall be in such form and be accompanied by such information as to enable the Commissioner to determine the extent to which the program of State aid of that State is consistent with the provisions of subparagraph (A). In addition, such notice shall be accompanied by such evidence as the Commissioner finds necessary that each local educational agency in that State has been given notice of the intention of the State. If the Commissioner determines that the program of State aid of a State submitting notice under this subparagraph is consistent with the provisions of subparagraph (A), the Commissioner shall certify such determination to that State. "(ii) Prior to certifying any determination under division (i) for Hearing, any State for any fiscal year, the Commissioner shall give the local educational agencies in that State an opportunity for a hearing at which such agencies may present their views with respect to the con-

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