Page:United States Statutes at Large Volume 92 Part 2.djvu/1028

 92 STAT. 2308

PUBLIC LAW 95-561—NOV. 1, 1978

sistency of the State aid program of that State with the provisions of subparagraph (A). "(iii) The Commissioner shall not finally deny to any State for any fiscal year certification of a determination under division (i) without first giving that State an opportunity for a hearing.". 20 USC 240 note. (b) No State or local educational agency located therein shall^ on the basis of noncompliance with standards established by regulations prescribed pursuant to section 5(d)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), be required to make restitution of funds distributed to local educational agencies under such Act for the 1977-1978 school year if such State has an equalization program which, for the 1978-1979 school year complies with such standards. '

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20 USC 240.

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ADJUSTMENTS NECESSITATED BY APPROPRIATIONS

SEC. 1007. (a) Section 5(c) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended— (1) by redesignating paragraph (2) (as amended by section 1003(c) of this Act) as paragraph (2)(A); (2) by striking out "amount—" and inserting in lieu thereof the following: "amount equal to 65 per centum of the amounts described in the following schedule:"; (3) by redesignating divisions (i) and (ii) of clause (A) of such paragraph (as added by such section 1003(c)) as subdivisions (I) and ( II), respectively; (4) by redesignating clauses (A), (B), (C), (D), (E), and (F) of such paragraph (2) as divisions (i), (ii), (iii), (iv), (v), and (vi), respectively; (5) by inserting at the end of paragraph (2) the following new subparagraph: "(B) From that part of the sums which remains after the allocation required by paragraph (1) and by subparagraph (A) of this paragraph for any fiscal year, he shall, in accordance with the requirements of subsection (e), allocate an amount not to exceed 35 per centum of the amounts described in the schedule set forth in subparagraph (A)."; and (6) in the matter following paragraph (3) by striking out "paragraph (2)" the second place it appears and inserting "paragraph (2)(A)". (b) Section 5(e) of such Act is amended to read as follows: "HOLD HARMLESS; DISCRETIONARY ALLOCATIONS

"(e)(1) In carrying out the required allocations under paragraph (2) of subsection (c), if any amount remains after making allocations under paragraph (2)(A) of such subsection, the Commissioner shall allocate, from the amounts available under paragraph (2)(B) of such subsection, to each local educational agency described in the schedule in such paragraph (2)(A) an amount which shall not be less than 90 per centum of the amount paid to such agency under this section for the preceding fiscal year. If sums appropriated for any fiscal year for making payments under this section are not sufficient to pay in full the amount to which each local educational agency is entitled under the previous sentence, such amounts shall be ratably reduced.

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