PUBLIC LAW 103-382—OCT. 20, 1994
108 STAT. 3535
"(A) For the school year 1995-1996—
"(i) the school serves an eligible school attendance
area in which not less than 60 percent of the children
are from low-income families; or
"(ii) not less than 60 percent of the children
enrolled in the school are from such families.
"(B) For the school year 1996-1997 and subsequent
years—
"(i) the school serves an eligible school attendance
area in which not less than 50 percent of the children
are from low-income families; or
"(ii) not less than 50 percent of the children
enrolled in the school are from such families.
"(2) STATE ASSURANCES. — (A) A local educational agency
may start new schoolwide programs under this section only
after the State educational agency provides written information
to each local educational agency in the State that demonstrates
that such State agency has established the statewide system
of support and improvement required by subsections (c)(1) and
(e) of section 1117.
"(B) A school that desires to initiate a schoolwide program
under this section prior to the establishment of the statewide
system of support and improvement required in subsections
(c)(1) and (e) of section 1117 shall demonstrate to the local
educational agency that such school has received high quality
technical assistance and support from other providers of assistance such as comprehensive technical assistance centers,
regional laboratories, institutions of higher education, educational service agencies, or other local consortia.
" (3) IDENTIFICATION. — (A) No school participating in a
schoolwide program shall be required to identify particular
children under this part as eligible to participate in a
schoolwide program or to provide supplemental services to such
children.
"(B) A school participating in a schoolwide program shall
use funds available to carry out this section only to supplement
the amount of funds that would, in the absence of funds under
this part, be made available from non-Federal sources for the
school, including funds needed to provide services that are
required by law for children with disabilities and children with
limited English proficiency.
"(4) SPECIAL RULE. —(A) Except as provided in subsection
(b), the Secretary may, through publication of a notice in the
Federal Register, exempt schoolwide programs under this section from statutoiy or regulatory provisions of any other
noncompetitive formula grant program administered by the
Secretary, or any discretionary grant program administered
by the Secretary (other than formula or discretionary grant
programs under the Individuals with Disabilities Education
Act), to support schoolwide programs, if the intent and purposes
of such other programs are met.
"(B) A school that chooses to use funds from such other
programs shall not be relieved of the requirements relating
to health, safety, civil rights, gender equity, student and parental participation and involvement, services to private school
children, maintenance of effort, comparability of services, uses
of Federal funds to supplement, not supplant non-Federal
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