Page:United States Statutes at Large Volume 92 Part 2.djvu/889

 PUBLIC LAW 9 5 - 5 6 1 — N O V. 1, 1978

92 STAT. 2 1 6 9

would be equitable due to exceptional and unforeseen circumstances such as a n a t u r a l disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency. I n any case in which a waiver under this paragraph is granted, the Commissioner shall reduce the amount of Federal payment for the program affected for the current fiscal year in the exact proportion to which the amount expended (either on an average p e r pupil or aggregate basis) was less than the amount required by paragraph (1). No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort required, under paragraph (1), for years subsequent to the year covered by such waiver. Such fiscal effort shall be computed on the basis of the level of funding which would, but for such waiver, have been required. " (3) The Commissioner shall establish objective criteria of general Criteria, applicability to carry out the waiver authority contained in this subsection. "(b)

U S E OF F U N D S L I M I T E D TO EXCESS COSTS.—Subject to

the

provisions of section 131, a local educational agency may use funds received under this title only for the excess costs of programs and projects referred to in section 1 2 4 (a). As used in this subsection, the "Excess costs.' term 'excess costs' means costs directly attributable to programs and projects which exceed the average per pupil expenditure of a local educational agency in the most recent year for which satisfactory data are available for pupils in the grade or grades included in such program s or projects. "(c)

FEOERAii F U N D S TO S U P P L E M E N T, N O T S U P P L A N T REGULAR N O N -

FEDERAL F U N D S. — A local educational agency may use funds received under this title only so as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available from regular non-Federal sources and from non-Federal sources for State phase-in programs described in section 131(b) for the education of pupils participating in program s and projects assisted under this title, and in no case may such funds be so used as to s u p p l a n t such funds from such non-Federal sources.

(.

" (d) FEDERAL F U N D S REQUIRED TO S U P P L E M E N T, N O T S U P P L A N T NON-FEDERAL F U N D S FOR CERTAIN SPECIAL STATE AND LOCAL P R O -

GRAMS.— (1) Subject to section 132, a local educational agency may use funds received under this title only so as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for each of the special program s described in subsection (b) of section 131 for the education of educationally deprived children, in the aggregate, in eligible school attendance areas or attending eligible schools and in no case, as to supplant such funds from non-Federal sources. " (2) I t shall not be considered a violation of this subsection for a local educational agency, in carrying out a special program described in subsection (b) of section 131, to take into consideration funds made available under this title, and to coordinate such special programs with program s using such Federal funds, provided that educationally deprived children, in the aggregate, in eligible school attendance areas or attending eligible schools, receive at least the same level of such special State and local funds that would have been made available to such children in the absence of funds under this title. " (3) For purposes of this subsection, the level of funds that, in the absence of funds under this title would have been made available to

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