PUBLIC LAW 107-110-JAN. 8, 2002 115 STAT. 1957 in another school district, the Secretary shall, for the purpose of this Act— "(i) consider the child to be in attendance at a school of the agency making the payment; and "(ii) not consider the child to be in attendance at a school of the agency receiving the payment. "(D) CHILDREN WITH DISABILITIES. — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act, the Secretary shall, for the purpose of this Act, consider the child to be in attendance at a school of the agency making the payment. "(2) AVERAGE PER-PUPIL EXPENDITURE. —The term 'average per-pupil expenditure' means, in the case of a State or of the United States— "(A) without regard to the source of funds— "(i) the aggregate current expenditures, during the third fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the State or, in the case of the United States, for all States (which, for the purpose of this paragraph, means the 50 States and the District of Columbia); plus "(ii) any direct current expenditures by the State for the operation of those agencies; divided by "(B) the aggregate number of children in average daily attendance to whom those agencies provided free public education during that preceding year. "(3) BEGINNING TEACHER.— The term 'beginning teacher' means a teacher in a public school who has been teaching less than a total of three complete school years. "(4) CHILD. —The term 'child' means any person within the age limits for which the State provides free public education. "(5) CHILD WITH A DISABILITY. —The term 'child with a disability' has the same meaning given that term in section 602 of the Individuals with Disabilities Education Act. "(6) COMMUNITY-BASED ORGANIZATION. — The term 'community-based organization' means a public or private nonprofit organization of demonstrated effectiveness that— "(A) is representative of a community or significant segments of a community; and "(B) provides educational or related services to individuals in the community. "(7) CONSOLIDATED LOCAL APPLICATION.—The term 'consolidated local application' means an application submitted by a local educational agency pursuant to section 9305. "(8) CONSOLIDATED LOCAL PLAN.— The term 'consohdated local plan' means a plan submitted by a local educational agency pursuant to section 9305. "(9) CONSOLIDATED STATE APPLICATION.—The term 'consolidated State application' means an application submitted by a State educational agency pursuant to section 9302.
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