PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 1893 "(5) Part A of title V. " (b) ALLOCATION.— "(1) IN GENERAL.— Except as provided in paragraph (3), the Secretary shall award a grant under subsection (a) to a local educational agency eligible under section 6211(b) for a fiscal year in an amount equal to the initial amount determined under paragraph (2) for the fiscal year minus the total amount received by the agency under the provisions of law described in section 6211(c) for the preceding fiscal year. " (2) DETERMINATION OF INITIAL AMOUNT.— The initial amount referred to in paragraph (1) is equal to $100 multiplied by the total number of students in excess of 50 students, in average daily attendance at the schools served by the local educational agency, plus $20,000, except that the initial amount may not exceed $60,000. " (3) RATABLE ADJUSTMENT.— "(A) IN GENERAL. — I f the amount made available to carry out this section for any fiscal year is not sufficient to pay in full the amounts that local educational agencies are eligible to receive under paragraph (1) for such year, the Secretary shall ratably reduce such amounts for such year. "(B) ADDITIONAL AMOUNTS. — I f additional funds become available for making payments under paragraph (1) for such fiscal year, payments that were reduced under subparagraph (A) shall be increased on the same basis as such payments were reduced. "(c) DISBURSEMENT.—The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that fiscal year. "(d) SPECIAL ELIGIBILITY RULE.— ^A local educational agency that is eligible to receive a grant under this subpart for a fiscal year is not eligible to receive funds for such fiscal year under subpart 2. "SEC. 6213. ACCOUNTABILITY. 20 USG 7345b. "(a) ACADEMIC ACHIEVEMENT ASSESSMENT.— Each local educational agency that uses or receives funds under this subpart for a fiscal year shall administer an assessment that is consistent with section 1111(b)(3). " (b) DETERMINATION REGARDING CONTINUING PARTICIPATION.— Each State educational agency that receives funding under the provisions of law described in section 6211(c) shall— "(1) after the third year that a local educational agency in the State participates in a program under this subpart and on the basis of the results of the assessments described in subsection (a), determine whether the local educational agency participating in the program made adequate yearly progress, as described in section 1111(b)(2); "(2) permit only those local educational agencies that participated and made adequate yearly progress, as described in section 1111(b)(2), to continue to participate; and "(3) permit those local educational agencies that participated and failed to make adequate yearly progress, as described in section 1111(b)(2), to continue to participate only if such local educational agencies use applicable funding under this subpart to carry out the requirements of section 1116.
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