524
PUBLIC LAW 246~AUG. 8, 1953
[67
ST A T.
comp a r i s o n of I n Computing for any local educational agency the number of children shipT**** member- ^^ ^^^ increase under paragraph (1), (2), or (8), the estimated number of children described in such paragraph who will be in the membership of the schools of such agency at the close of the regular school year 1953-1954 shall be compared with the estimated number of such children in the average daily membership of the schools of such agency during the regular school year 1951-1952. " (b) If two or more of the paragraphs of subsection (a) apply to a Election. child, the local educational agency shall elect which of such paragraphs shall apply to such child. Noneligibllity. "(c) A local educational agency shall not be eligible to have any amount included in its maximum by reason of paragraph (1), (2), or (3) of subsection (a) unless the increase in children referred to in such paragraph, prior to the application of the limitation in subsection (d), is at least 20 and is equal to at least 5 per centum in the case of paragraph (1) or (2), and 10 per centum in the case of paragraph (3), of the number of all children who were in the average daily membership of the schools of such agency during the regular school year 1951-1952, and unless, in the case of paragraph (3), the construction of additional minimum school facilities for the number of children in such increase will, in the judgment of the Commissioner of Education, impose an undue financial burden on the taxing and borrowing authority of such agency. Reduction of " (d) If (1) the estimated number of non-Federally-connected chilcount. dren who will be in the membership of the schools of a local educational agency at the close of the regular school year 1953-1954 is less than (2) 110 per centum of the number of such children who were in the average daily membership of such agency during the regular school year 1951-1952, the total number of children counted for purposes of subsection (a) with respect to such agency shall be reduced by the difference between (1) and (2) hereof. For purposes of this subsection, all children in the membership of a local educational agency shall be counted as non-Federally-connected children except children whose membership in the school years 1951-1952 and 19531954 was compared in computing an increase which meets the requirements of subsection (c). Waivers, "(e) Notwithstanding the provisions of subsections (c) and (d) of this section, whenever and to the extent that, in his judgment, exceptional circumstances exist which make such action necessary to avoid inequity and avoid defeating the purposes of this title, the Commissioner may do any one or more of the following: (1) H e may waive or reduce any percentage requirement or requirements in suDsection (c); (2) he may waive the requirement contained in the first sentence of subsection (d) or reduce the percentage specified in clause (2) of such sentence. "APPLICATIONS
Approval. 20 USC 275.
"SEC. 306. (a) No payment may be made to any local educational agency under this title except upon application therefor which is submitted through the appropriate State educational agency and is filed with the Commissioner in accordance with regulations prescribed by him. " (b) The Commissioner shall approve any application if he finds (1) that the requirements of section 205(b)(1) have been met and that approval of the project would not result in payments in excess of those permitted by sections 304 and 305, (2) after consultation with the State and local educational agencies, that the project is not inconsistent with over-all State plans for the construction of school facilities, and (3) that there are sufficient Federal funds available to pay
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