115 STAT. 1486 PUBLIC LAW 107-110-^AN. 8, 2002 technical assistance to such agency for the purpose of implementing this clause. "(C) PROMPT NOTICE.— The local educational agency shall— "(i) provide prompt notice to teachers and parents whenever subparagraph (A) or (B) applies; and "(ii) provide the teachers and parents with an adequate opportunity to— "(I) comment before taking any action under those subparagraphs; and "(II) participate in developing any plan under subparagraph (A)(iii). "(9) TRANSPORTATION. —In any case described in paragraph (1)(E) for schools described in paragraphs (1)(A), (5), (7)(C)(i), and (8)(A), and subsection (c)(10)(C)(vii), the local educational agency shall provide, or shall pay for the provision of, transportation for the student to the public school the student attends. " (10) FUNDS FOR TRANSPORTATION AND SUPPLEMENTAL EDU- CATIONAL SERVICES.— "(A) IN GENERAL. — Unless a lesser amount is needed to comply with paragraph (9) and to satisfy all requests for supplemental educational services under subsection (e), a local educational agency shall spend an amount equal to 20 percent of its allocation under subpart 2, from which the agency shall spend— "(i) an amount equal to 5 percent of its allocation under subpart 2 to provide, or pay for, transportation under paragraph (9); "(ii) an amount equal to 5 percent of its allocation under subpart 2 to provide supplemental educational services under subsection (e); and "(iii) an amount equal to the remaining 10 percent of its allocation under subpart 2 for transportation under paragraph (9), supplemental educational services under subsection (e), or both, as the agency determines. "(B) TOTAL AMOUNT.—The total amount described in subparagraph (A)(ii) is the maximum amount the local educational agency shall be required to spend under this part on supplemental educational services described in subsection (e). "(C) INSUFFICIENT FUNDS.—If the amount of funds described in subparagraph (A)(ii) or (iii) and available to provide services under this subsection is insufficient to provide supplemental educational services to each child whose parents request the services, the local educational agency shall give priority to providing the services to the lowest-achieving children. "(D) PROHIBITION. —A local educational agency shall not, as a result of the application of this paragraph, reduce by more than 15 percent the total amount made available under section 1113(c) to a school described in paragraph (7)(C) or (8)(A) of subsection (b). "(11) COOPERATIVE AGREEMENT.— In any case described in paragraph (1)(E), (5)(A), (7)(C)(i), or (8)(A)(i), or subsection (c)( 10)(C)(vii) if all public schools served by the local educational agency to which a child may transfer are identified for school improvement, corrective action or restructuring, the agency
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