Page:United States Statutes at Large Volume 108 Part 5.djvu/250

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108 STAT. 3740 PUBLIC LAW 103-382—OCT. 20, 1994 payments shall be made to the State educational agency under this part, or payments by the State educational agency under this part shall be limited to local educational agencies whose actions did not cause or were not involved in the failure, as the case may be. 20 USC 7544. "SEC. 7304. STATE ALLOCATIONS. "(a) PAYMENTS.— The Secretary shall, in accordance with the provisions of this section, msike pa3nnents to State educational agencies for each of the fiscal years 1995 through 1999 for the purpose set forth in section 7301(b). " (b) ALLOCATIONS. — "(1) IN GENERAL.— Except as provided in subsections (c) and (d), of the amount appropriated for each fiscal year for this part, each State participating in the program assisted under this part shall receive an sdlocation equal to the proportion of such State's number of immigrant children and youth who are enrolled in public elementary or secondary schools under the jurisdiction of each local educational agency described in paragraph (2) within such State, and in nonpublic elementary or secondary schools within the district served by each such local educational agency, relative to the total number of immigrant children and youth so enrolled in all the States participating in the program assisted under this part. "(2) ELIGIBLE LOCAL EDUCATIONAL AGENCIES.— The local educational agencies referred to in paragraph (1) are those local educational agencies in which the sum of the number of immigrant children and youth who are enrolled in public elementary or secondary schools under the jurisdiction of such agencies, and in nonpublic elementary or secondary schools within the districts served by such agencies, during the fiscal year for which the payments are to be made under this part, is equ£j to— "(A) at least 500; or "(B) at least 3 percent of the total number of students enrolled in such public or nonpublic schools during such fiscal year, whichever number is less. "(c) DETERMINATIONS OF NUMBER OF CHILDREN AND YOUTH.— "(1) IN GENERAL. — Determinations by the Secretary under this section for any period with respect to the number of immigrant children and youth shall be made on the basis of data or estimates provided to the Secretary by each State educational agency in accordance with criteria established by the Secretary, unless the Secretary determines, after notice and opportunity for a hearing to the affected State educational agency, that such data or estimates are clearly erroneous. "(2) SPECIAL RULE.— No such determination with respect to the number of immigrant children and youth shall operate because of an underestimate or overestimate to deprive any State educational agency of the allocation under this section that such State would otherwise have received had such determination been made on the basis of accurate data. "(d) REALLOCATION. —Whenever the Secretary determines that any amount of a payment made to a State under this part for a Ascal year will not be used by such State for carrying out the purpose for which the payment was made, the Secretary shall