Page:United States Statutes at Large Volume 92 Part 2.djvu/900

 92 STAT. 2180

PUBLIC LAW 95-561—NOV. 1, 1978 " Subpart 2—Programs for Handicapped Children "AMOUNT AND ELIGIBILITY

20 USC 2771.

Grants to Puerto Rico.

" SEC. 146. (a) ELIGIBILITY FOR G R A N T. — A State agency which is directly responsible for providing free public education for handicapped children (as that term is defined in section 602(1) of the Education of the Handicapped Act), shall be eligible to receive a g r a n t under this subpart for any fiscal year. " (b) AMOUNT OF GRANT.— (1) Except as provided in sections 156 and 157, the g r a n t which a State agency referred to in subsection (a) (other than the agency for P u e r to Rico) shall be eligible to receive under this section shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (A) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (B^ in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States), multiplied by the number of such handicapped children in average daily attendance, as determined by the Commissioner, at schools for handicapped children operated or supported by the State agency, including schools providing special education for handicapped children under contract or other arrangement with such State agency, in the most recent fiscal year for which satisfactory d a t a are available. " (2) For each fiscal year, the Commissioner shall determine the percentage which the average per pupil expenditure in P u e r to Rico is of the lowest average per pupil expenditure of any of the fifty States. The g r a n t which P u e r to Rico shall be eligible to receive under this subpart for a fiscal year shall be the amount arrived at by multiplying the number of such handicapped children in P u e r to Rico by the product of— " (A) the percentage determined under the preceding sentence, and " (B) 32 per centum of the average per pupil expenditure in the United States. "(c)

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COUNTING OF CHILDREN TRANSFERRING F R O M STATE TO LOCAL

PROGRAMS.—In the case where a child described in subsection (a) leaves an educational program for handicapped children operated or supported by the State agency in order to participate in such a program operated or supported by a local educational agency, such child shall be counted under subsection (b) if (1) he continues to receive an appropriately designed educational program and (2) the State agency transfers to the local educational agency in whose program such child participates an amount equal to the sums received by such State agency under this section which are attributable to such child, to be used for the purposes set forth in section 147. "PROGRAM REQUIREMENTS

20 USC 2772.

" SEC. 147. A State shall use the payments, made under this subpart only for programs and projects (including the acquisition of equipment and, where necessary, the construction of school facilities) which

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