Page:United States Statutes at Large Volume 108 Part 5.djvu/445

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PUBLIC LAW 103-382—CX?r. 20, 1994 108 STAT. 3935 "TREATMENT OF CHAPTER 1 STATE AGENCIES "SEC. 614A. (a) For the purpose of making payments under 20 USC I4l4a. sections 611 and 619 of this Act, any State agency that received funds for fiscal year 1994 under subpart 2 of part D of chapter 1 of title I of the Elementary and Secondary Education Act of 1965 (as such subpart was in existence on the day preceding the date of enactment of the Improving America's Schools Act of 1994) shall be treated as if the State agency were a local educational agency. "(b) Any State agency which desires to receive payments under section 611(d) and section 619(c)(3) for £my fiscal year shall submit an application to the State educational agency. Such application shall— "(1) include an assurance that all children with disabilities who are participating in programs and projects funded under this part receive a free appropriate public education, and that such children and their parents are provided all the rights and procedural safeguards described in this part; and (2) meet those requirements of section 614 that the Secretary finds appropriate. "(c) Section 611(c)(4) shall not apply with respect to a State agency that is eligible for a payment under this part by application of this section.". SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES. (a) AMENDMENT. — Subsection (c) of section 684 of the Act (20 U.S.C. 1484) is amended— (1) by redesignating paragraph (2) as paragraph (6); (2) by amending paragraph (1) to read as follows: "(1) Except as provided in paragraphs (3), (4), and (5) from the funds remaining for each fiscal year after the reservation and payments under subsections (a) and (b), the Secretary shall first allot to each State an amount that bears the same ratio to the amount of such remainder as the number of infants and toddlers in the State bears to the number of infants and toddlers in all States. "; and (3) by inserting after paragraph (1) the following new paragraphs: "(2) For fiscal year 1995 only, the Secretary shall allot $34,000,000 of the remaining funds described in paragraph (1) among the States in proportion to their relative numbers of infants and toddlers with disabilities who— "(A) are counted on December 1, 1994; and "(B) would have been eligible to be counted under section 1221(c)(1) of the Elementary and Secondary Education Act of 1965 (as such section was in effect on the day preceding the date of the enactment of the Improving America's Schools Act of 1994). "(3) Except as provided in paragraphs (4) and (5), no State shall receive an amount under this section for any fiscal year that is less than the greater of— "(A) one-half of one percent of the remaining amount described in paragraph (1), excluding any amounts allotted under paragraph (2); or "(B) $500,000. "(4)(A) Except as provided in paragraph (5), no State shall receive an amount under this section for any of the fiscal