Page:United States Statutes at Large Volume 105 Part 1.djvu/380

This page needs to be proofread.


105 STAT. 352 PUBLIC LAW 102-73—JULY 25, 1991 "(B) in no case shall the amount reserved for programs for migrant children be less than the amount reserved for such programs in the preceding fiscal year.". (d) FEDERAL SHARE LIMITATION.— Section 1054 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2744) is amended— (1) in subsection (a), by striking "local educational agencies" and all that follows through "nonprofit organizations," and inserting "an eligible entity"; (2) in paragraph (2) of subsection (b), by inserting after "counseling," the following: "other developmental and support services,'; and (3) in subsection (c)— (A) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively; (B) by inserting "(1)" before "The Federal share"; (C) in subparagraph (A) (as redesignated by subparagraph ' (A) of this paragraph), by striking "local educational agency" and inserting "eligible entity'; (D) by striking the last sentence and inserting the following: "The remaining cost may be provided in cash or in kind, fairly evaluated, and may be obtained from any ' "' - source other than funds made available for programs under this chapter."; and (E) by adding at the end the following: "(2) The Secretary (in any fiscal year in which section 1052(a) » applies) or the State educational agency (in any fiscal year in which , section 1052(b) applies) may waive, in whole or in part, the requirement that all or part of the remaining cost described in paragraph (1) be obtained from sources other than funds made available under this chapter if an eligible entity— "(A) demonstrates that it otherwise would not be able to participate in the program under this part; and "(B) negotiates an agreement with the Secretary or the State educational agency, as appropriate, with respect to the amount of the remaining cost to which the waiver would be applicable.". (e) ELIGIBLE PARTICIPANTS.—Section 1055 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 2745) is amended— (1) by striking "Eligible" and inserting the following: "(a) IN GENERAL. — Except as provided in subsection (b), eligible"; (2) in paragraph (2) of subsection (a) (as designated by paragraph (1)), by striking "(aged 1 to 7," and inserting "(from birth to age 7,"; and (3) by adding at the end the following: " (b) CONTINUATION OF ELIGIBILITY FOR CERTAIN PARTICIPANTS. — Any family participating in the program under this part that becomes ineligible for such participation as a result of 1 or more members of the family becoming ineligible for such participation, may continue to participate in the program until all members of the family become ineligible for participation, which— "(1) in the case of a family in which ineligibility was due to the child or children of such family attaining the age of 8, shall be when the parent or parents become ineligible due to educational advancement; and "(2) in the case of a family in which ineligibility was due to the educational advancement of the parent or parents of such 7. family, shall be when all children in the family attain the age of 8.".