Page:United States Statutes at Large Volume 92 Part 2.djvu/918

 92 STAT. 2198

PUBLIC LAW 95-561—NOV. 1, 1978 ((LIMITATION

ON GRANT TO PUERTO RICO

20 USC 2853. "SEC. 197. Notwithstanding the provisions of part A or of subpart Arue, pp. 2153, 1, 2, or 3 of part B of this title, the amount paid to the Commonwealth 2177. of Puerto Rico under this title for any fiscal year shall not exceed 150 per centum of the amount received by Puerto Rico under this title in the preceding fiscal year. Any excess over such amount shall be used Ante, p. 2153. to ratably increase the allocations under subpart 1 of part A of the other local educational agencies whose allocations do not exceed the Ante, p. 2153. maximum amount for which they are eligible under section 111. u DEFINITIONS

20 USC 2854.

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"SEC. 198. (a) Except as otherwise provided, for purposes of this title: "(1) The term 'average daily attendance' means attendance determined in accordance with State law, except that notwithstanding any other provision of this title, where the local educational agency of the school district in which any child resides makes or contracts to make a tuition payment for the free public education of such child in a school situated in another school district, for purposes of this title the attendance of such child at such school shall be held and considered (A) to be in attendance at a school of the local educational agency so making or contracting to make such tuition payment, and (B) not to be m attendance at a school of the local educational agency receiving such tuition payment or entitled to receive such payment under the contract. "(2) The term 'average per pupil expenditure' means in the case of a State or the United States, the aggregate current expenditures, during the third fiscal year preceding the fiscal year for which the computation is made (or if satismctory data for that year are not available at the time of commutation, then during the most recent preceding fiscal year for which satisfactory data are available), of all local educational agencies in the State, or in the United States (which for the purposes of this subsection means the fifty States, and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the source of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year. "(3) The term 'Commissioner' means the United States Commissioner of Education. "(4) The term 'construction' includes the preparation of drawings and specifications for school facilities; erecting, building, acquiring, alteringj remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities. " (5) The term 'county' means those divisions of a State utilized by the Secretary of Commerce in compiling and reporting data regarding counties. "(6) The term 'current expenditures' means expenditures for free public education, including expenditures for administration, instruction, attendance, and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body

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