PUBLIC LAW 105-17-^lJNE 4, 1997 111 STAT. 51 Friday in October or as of December 1 of the fiscal year for which the funds are appropriated. " (e) PERMANENT FORMULA. — "(1) ESTABLISHMENT OF BASE YEAR.— The Secretary shall allocate the amount described in subsection (d)(1) among the States in accordance with this subsection for each fiscal year beginning with the first fiscal year for which the amount appropriated under subsection (j) is more than $4,924,672,200. "(2) USE OF BASE YEAR.— "(A) DEFINITION.— As used in this subsection, the term 'base year' means the fiscal year preceding the first fiscal year in which this subsection applies. " (B) SPECIAL RULE FOR USE OF BASE YEAR AMOUNT.— If a State received any funds under this section for the base year on the basis of children aged 3 through 5, but does not make a free appropriate public education available to all children with disabilities aged 3 through 5 in the State in any subsequent fiscal year, the Secretary shall compute the State's base year amount, solely for the purpose of calculating the State's allocation in that subsequent year under paragraph (3) or (4), by subtracting the amount allocated to the State for the base year on the basis of those children. "(3) INCREASE IN FUNDS.— If the amount available for allocations to States under paragraph (1) is equal to or greater than the amount allocated to the States under this paragraph for the preceding fiscal year, those allocations shall be calculated as follows: "(A)(i) Except as provided in subparagraph (B), the Secretary shall— "(I) allocate to each State the amount it received for the base year; "(II) allocate 85 percent of any remaining funds to States on the basis of their relative populations of children aged 3 through 21 who are of the same age as children with disabilities for whom the State ensures the availability of a free appropriate public education under this part; and "(III) allocate 15 percent of those remaining funds to States on the basis of their relative populations of children described in subclause (II) who are living in poverty. "(ii) For the purpose of making grants under this paragraph, the Secretary shall use the most recent population data, including data on children living in poverty, that are available and satisfactory to the Secretary. "(B) Notwithstanding subparagraph (A), allocations under this paragraph shall be subject to the following: "(i) No State's allocation shall be less than its allocation for the preceding fiscal year. "(ii) No State's allocation shall be less than the greatest of— "(I) the sum of— "(aa) the amount it received for the base year; and "(bb) one third of one percent of the amount by which the amount appropriated
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