970
PUBLIC LAW 949-AUG. 3, 1966
[70 S T A T,
ag5nli"er^fected TITLE II — AMENDMENTS TO P U B L I C L A W 874, E I G H T Y ti^esf *'**'^ «<^"^^F I R S T CONGRESS 20 USC 237.°* 20 USC 238.
SEC, 201. Subsection (a) of section 2 of the Act of September 30, ^^^^ (Public Law 874, Eighty-first Congress), as amended, is amended by striking out "six succeeding fiscal years" and inserting in lieu thereof "seven succeeding fiscal years". gj5(. 202. Subsection (a) of section 3 of such Act is amended (1) by striking out "1957" and inserting in lieu thereof "1958" and (2) by striking out "the preceding fiscal year" and inserting in lieu thereof "such fiscal year". SEC. 203. Subsection (b) of section 3 of such Act is amended (1) by striking out "the preceding fiscal year" and inserting in lieu thereof "such fiscal year", (2) by striking out "(other than those specified in subsection (a) hereof", and (3) by adding at the end thereof the following new sentences: "A child of a parent who commenced residing in or near the school district of such an agency while assigned to employment, as a member of the Armed Forces on active duty, on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district) and who was subsequently assigned elsewhere on active duty as a member of the Armed Forces, shall continue to be considered as residing with a parent employed on such Federal property for so long as the parent is so assigned elsewhere. If both subsection (a) and this subsection apply to a child, the local educational agency shall elect which of such subsections shall apply to such child.". SEC. 204. (a) Subsection (c) of section 3 of such Act is amended by striking out paragraph (1) thereof and inserting the following new paragraphs in lieu thereof: "(c)(l) The amount to which a local educational agency is entitled under this section for any fiscal year ending prior to July 1, 1958, shall be an amount equal to (A) the local contribution rate (determined under subsection (d)) multiplied by (B) the sum of the number of children determined under subsection (a) and one-half of the number determined under subsection (b). "(2) No local educational agency shall be entitled to receive any payment for a fiscal year with respect to a number of children determined under subsection (a) or subsection (b), as the case may be, unless the number of children who were in average daily attendance during such year and to whom such subsection applies— " (A) is ten or more; and " (B) amounts to 3 per centum or more of the total number of children who were in average daily attendance during such year and for whom such agency provided free public education. Notwithstanding the provisions of clause (B) of this paragraph, the Commissioner may waive the 3 per centum condition of entitlement contained in such clause whenever, in his judgment, exceptional circumstances exist which would make the application of such condition inequitable and would defeat the purposes of this Act. "(3) Notwithstanding the preceding provisions of this section, where the average daily attendance at the schools of any local educational agency during the fiscal year ending June 30, 1939, exceeded 35,000— " (A) such agency's percentage requirement for eligibility (as set forth in paragraph (2) of this subsection) shall be 6 per centum instead of 3 per centum (and those provisions of such paragraph (2) which relate to the lowering of the percentage requirement shall not a p p l y); and
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