118 STAT. 2740 PUBLIC LAW 108–446—DEC. 3, 2004 procedures, and practices comply with the requirements of this title; ‘‘(B) require any local educational agency identified under paragraph (1) to reserve the maximum amount of funds under section 613(f) to provide comprehensive coordi nated early intervening services to serve children in the local educational agency, particularly children in those groups that were significantly overidentified under para graph (1); and ‘‘(C) require the local educational agency to publicly report on the revision of policies, practices, and procedures described under subparagraph (A). ‘‘SEC. 619. PRESCHOOL GRANTS. ‘‘(a) IN GENERAL.—The Secretary shall provide grants under this section to assist States to provide special education and related services, in accordance with this part— ‘‘(1) to children with disabilities aged 3 through 5, inclusive; and ‘‘(2) at the State’s discretion, to 2 year old children with disabilities who will turn 3 during the school year. ‘‘(b) ELIGIBILITY.—A State shall be eligible for a grant under this section if such State— ‘‘(1) is eligible under section 612 to receive a grant under this part; and ‘‘(2) makes a free appropriate public education available to all children with disabilities, aged 3 through 5, residing in the State. ‘‘(c) ALLOCATIONS TO STATES.— ‘‘(1) IN GENERAL.—The Secretary shall allocate the amount made available to carry out this section for a fiscal year among the States in accordance with paragraph (2) or (3), as the case may be. ‘‘(2) INCREASE IN FUNDS.—If the amount available for alloca tions to States under paragraph (1) for a fiscal year is equal to or greater than the amount allocated to the States under this section for the preceding fiscal year, those allocations shall be calculated as follows: ‘‘(A) ALLOCATION.— ‘‘(i) IN GENERAL.—Except as provided in subpara graph (B), the Secretary shall— ‘‘(I) allocate to each State the amount the State received under this section for fiscal year 1997; ‘‘(II) allocate 85 percent of any remaining funds to States on the basis of the States’ relative populations of children aged 3 through 5; and ‘‘(III) allocate 15 percent of those remaining funds to States on the basis of the States’ relative populations of all children aged 3 through 5 who are living in poverty. ‘‘(ii) DATA.—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. 20 USC 1419.
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