123STA T . 2 80PUBLIC LA W 111 –5—FE B.1 7, 200 9(1)INGE NE RAL.—Foreachfis ca ly ear ,t he G o v er n or shall u se 8 1.8 p ercent of the S tate ’ s allocation un d er section 1 40 01(d) for the support of ele m entary, secondary, and postsecondary education and, as applica b le, early childhood education pro -g rams and services. ( 2 ) R E STO R I NG STATE S UP PORT F ORE D U C ATION.— ( A ) IN GENERAL.— T he Governor shall first use the funds described in paragraph (1)— (i) to provide the amount of funds, through the State’s primary elementary and secondary funding for- mulae, that is needed— (I) to restore, in each of fiscal years 200 9 , 2010, and 2011, the level of State support provided through such formulae to the greater of the fiscal year 2008 or fiscal year 2009 level
and (II) w here applicable, to allow e x isting State formulae increases to support elementary and sec- ondary education for fiscal years 2010 and 2011 to be implemented and allow funding for phasing in State e q uity and adequacy ad j ustments, if such increases were enacted pursuant to State law prior to O ctober 1, 2008. (ii) to provide, in each of fiscal years 2009, 2010, and 2011, the amount of funds to public institutions of higher education in the State that is needed to restore State support for such institutions (excluding tuition and fees paid by students) to the greater of the fiscal year 2008 or fiscal year 2009 level. ( B )S H ORTFALL.—If the Governor determines that the amount of funds available under paragraph (1) is insuffi- cient to support, in each of fiscal years 2009, 2010, and 2011, public elementary, secondary, and higher education at the levels described in clauses (i) and (ii) of subparagraph (A), the Governor shall allocate those funds between those clauses in proportion to the relative shortfall in State sup- port for the education sectors described in those clauses. ( C ) FISCAL Y EAR.—For purposes of this paragraph, the term ‘ ‘fiscal year’’ shall have the meaning given such term under State law. ( 3 )SU B GRANTS TO I M PRO V E BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.—After carrying out paragraph (2), the Governor shall use any funds remaining under para- graph (1) to provide local educational agencies in the State with subgrants based on their relative shares of funding under partAoftitleIofthe E lementary and Secondary Education Act of 19 65 (20 U .S.C. 6311 et seq.) for the most recent year for which data are available. (b) OTHER GOVERNMENT SERVICES.— (1) IN GENERAL.—The Governor shall use 18.2 percent of the State’s allocation under section 14001 for public safety and other government services, which may include assistance for elementary and secondary education and public institutions of higher education, and for moderni z ation, renovation, or repair of public school facilities and institutions of higher edu- cation facilities, including modernization, renovation, and repairs that are consistent with a recognized green building rating system.
