Page:United States Statutes at Large Volume 108 Part 5.djvu/45

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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