115 STAT. 1778 PUBLIC LAW 107-110-^AN. 8, 2002 approved by the Secretary, to provide higher per-pupil alloqations to local educational agencies that have the greatest numbers or percentages of children whose education imposes a higher-than-average cost per child, such as— "(A) children living in areas with high concentrations of economically disadvantaged families; "(B) children from economically disadvantaged families; and "(C) children living in sparsely populated areas. "(2) ALLOCATION OF INCREASED AMOUNTS.—From the amount made available to a State educational agency under this part for a fiscal year that exceeds the amount made available to the agency under this part for fiscal year 2002, the State educational agency shall distribute 100 percent (or, in the case of a State educational agency receiving a minimum allotment under section 5111(a), not less than 50 percent, notwithstanding subsection (b)) to local educational agencies within the State, on the same basis as the State educational agency distributes amounts under paragraph (1). "(b) LIMITATIONS AND REQUIREMENTS. —Not more than 15 percent of funds made available under section 5111 for State programs under this part for any fiscal year may be used for State administration under section 5121. "(c) CALCULATION OF ENROLLMENTS. — "(1) IN GENERAL.—The calculation of relative enrollments under subsection (a)(1) shall be on the basis of the total of— "(A) the number of children enrolled in public schools; and "(B) the number of children enrolled in private nonprofit schools that participated in programs assisted under this part, for the fiscal year preceding the fiscal year for which the determination is made. "(2) RULE OF CONSTRUCTION.— Nothing in this subsection shall diminish the responsibility of each local educational agency to contact, on an annual basis, appropriate officials from private nonprofit schools within the areas served by such agencies in order to determine whether such schools desire that their children participate in programs assisted under this part. "(3) ADJUSTMENTS.— "(A) STATE CRITERIA.—Relative enrollments calculated under subsection (a)(1) shall be adjusted, in accordance with criteria approved by the Secretary under subparagraph (B), to provide higher per-pupil allocations only to local educational agencies that serve the greatest numbers or percentages of— "(i) children living in areas with high concentrations of economically disadvantaged families; "(ii) children from economically disadvantaged families; or "(iii) children living in sparsely populated areas. "(B) REVIEW OF CRITERIA.—The Secretary shall review criteria submitted by a State educational agency for adjusting allocations under paragraph (1) and shall approve such criteria only if the Secretary determines that such criteria are reasonably calculated to produce an adjusted allocation that reflects the relative needs of the State's
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