110 STAT. 1321-137 PUBLIC LAW 104-134—APR. 26, 1996 operating expenses of the Board of Education and the Office of the Superintendent; and (B) the annual payment to each public charter school for the operating expenses of each public charter school. (2) FORMULA CALCULATION.—Except as provided in paragraph (3), the amount of the annual payment under paragraph (1) shall be calculated by multiplying a uniform dollar amount used in the formula established under such paragraph by— (A) the number of students calculated under section 2402 that are enrolled at District of Columbia public schools, in the case of the payment under paragraph (1)(A); or (B) the number of students calculated under section 2402 that are enrolled at each public charter school, in the case of a payment under paragraph (1)(B). (3) EXCEPTIONS. — (A) FORMULA. —Notwithstanding paragraph (2), the Mayor and the District of Columbia Council, in consultation with the Board of Education and the Superintendent, may adjust the formula to increase or decrease the amount of the annual pa3n3ient to the District of Columbia public schools or each public charter school based on a calculation of— (i) the number of students served by such schools in certain grade levels; and (ii) the cost of educating students at such certain grade levels. (B) PAYMENT.— Notwithstanding paragraph (2), the Mayor and the District of Columbia Council, in consultation with the Board of Education and the Superintendent, may adjust the amount of the annual payment under paragraph (1) to increase the amount of such payment if a District of Columbia public school or a public charter school serves a high number of students— (i) with special needs; or (ii) who do not meet minimum literacy standards. SEC. 2402. CALCULATION OF NUMBER OF STUDENTS. (a) SCHOOL REPORTING REQUIREMENT.— (1) IN GENERAL.—Not later than September 15, 1996, and not later than September 15 of each year thereafter, each District of Columbia public school and public charter school shall submit a report to the Mayor and the Board of Education containing the information described in subsection (b) that is applicable to such school. (2) SPECIAL RULE. —Not later than April 1, 1997, and not later than April 1 of each year theresifter, each public charter school shall submit a report in the same form and manner as described in paragraph (1) to ensure accurate payment under section 2403(a)(2)(B)(ii). (b) CALCULATION OF NUMBER OF STUDENTS.—Not later than 30 days after the date of the enactment of this Act, and not later than October 15 of each year thereafter, the Board of Education shall calculate the following: (1) The number of students, including nonresident students and students with special needs, enrolled in each grade from kindergarten through grade 12 of the District of Columbia
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