Page:United States Statutes at Large Volume 108 Part 5.djvu/87

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PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3577 ter or a precipitous and unforeseen decline in the financial resources of the State. "(e) AUTHORIZATION OF APPROPRIATIONS.— For the purpose of making grants under this section, there are authorized to be approgriated $200,000,000 for fiscal year 1996 and such sums as may e necessary for each of the three succeeding fiscal years. "SEC. 1126. SPECIAL ALLOCATION PROCEDURES. 20 USC 6337. "(a) ALLOCATIONS FOR NEGLECTED CHILDREN. — "(1) IN GENERAL. — If a State educational agency determines that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children who are living in institutions for neglected children as described in subparagraph 1124(c)(1)(C), the State educational agency shall, if such agency assumes responsibility for the special educational needs of such children, receive the portion of such local educational agenc^s allocation under sections 1124, 1124A, and 1125 that is attributable to such children. "(2) SPECIAL RULE.— If the State educational agency does not assume such responsibility, any other State or local public agency that does assume such responsibility shall receive that portion of the local educational agency's allocation. (b) ALLOCATIONS AMONG LOCAL EDUCATIONAL AGENCIES.— The State educational agency may allocate the amounts of grants under sections 1124, 1124A, and 1125 among the affected local educational agencies— "(1) if two or more local educational agencies serve, in whole or in part, the same geographical area; "(2) if a local educational agency provides free public education for children who reside in the school district of another local educational agency; or "(3) to reflect the merger, creation, or change of boundaries of one or more local educational agencies. "(c) REALLOCATION. — If a State educational agency determines that the amount of a grant a local educational agency would receive under sections 1124, 1124A, and 1125 is more than such local agency will use, the State educational agency shall make the excess amount available to other local educational agencies in the State that need additional funds in accordance with criteria established by the State educational agency. "SEC 1127. CARRYOVER AND WAIVER. 20 USC 6338. "(a) LIMITATION ON CARRYOVER.— Notwithstanding section 421 of the General Education Provisions Act or any other provision of law, not more than 15 percent of the funds allocated to a local educational agency for any fiscal year under this subpart (but not including funds received through any reallocation under this subpart) may remain available for obligation by such agency for one additional fiscal year. "(b) WAIVER. —^A State educational agency may, once every three years, waive the percentage limitation in subsection (a) if— "(1) the agency determines that the request of a local educational agency is reasonable and necessary; or "(2) supplementiil appropriations for this subpart become available. "(c) EXCLUSION. —The percentage limitation under subsection (a) shall not apply to any local educational agency that receives less than $50,000 under this subpart for any fiscal year.