PUBLIC LAW 105-332—OCT. 31, 1998 112 STAT. 3111 "(2) SPECIAL RULE.—The amount to be allocated under paragraph (1) to a local educational agency that has jurisdiction only over secondary schools shall be determined based on the number of students that entered such secondary schools in the previous year from the elementary schools involved. "(f) ALLOCATIONS TO AREA VOCATIONAL AND TECHNICAL EDU- CATION SCHOOLS AND EDUCATIONAL SERVICE AGENCIES. — "(1) IN GENERAL.— Each eligible agency shall distribute the portion of funds made available under section 112(a)(1) for any fiscal year by such eligible agency for secondary school vocational and technical education activities under this section to the appropriate area vocational and technical education school or educational service agency in any case in which the area vocational and technical education school or educational service agency, and the local educational agency concerned— "(A) have formed or will form a consortium for the purpose of receiving funds under this section; or "(B) have entered into or will enter into a cooperative arrangement for such purpose. "(2) ALLOCATION BASIS. —I f an area vocational and technical education school or educational service agency meets the requirements of paragraph (1), then the amount that would otherwise be distributed to the local educational agency shall be allocated to the area vocational and technical education school, the educational service agency, and the local educational agency based on each school, agency or entity's relative share of students who are attending vocational and technical education programs (based, if practicable, on the average enrollment for the preceding 3 years; "(3) APPEALS PROCEDURE. — The eligible agency shall establish an appeals procedure for resolution of any dispute arising between a local educational agency and an area vocational and technical education school or an educational service agency with respect to the allocation procedures described in this section, including the decision of a local educational agency to leave a consortium or terminate a cooperative arrangement. "(g) CONSORTIUM REQUIREMENTS.— "(1) ALLIANCE. — Any local educational agency receiving an allocation that is not sufficient to conduct a program which meets the requirements of section 135 is encouraged to— "(A) form a consortium or enter into a cooperative Contracts. agreement with an area vocational and technical education school or educational service agency offering programs that meet the requirements of section 135; "(B) transfer such allocation to the area vocational and technical education school or educational service agency; and "(C) operate programs that are of sufficient size, scope, and quality to be effective. "(2) FUNDS TO CONSORTIUM.— Funds allocated to a consortium formed to meet the requirements of this paragraph shall be used only for purposes and programs that are mutually beneficial to all members of the consortium and can be used only for programs authorized under this title. Such funds may not be reallocated to individual members of the consortium for purposes or programs benefiting only one member of the consortium. 59-194O-98 -12:QL3Part5
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