amendments to public law 874, eighty-first congress for fiscal year 1975

amendments to public law 874, eighty-first congress for fiscal year 1975 Sec. 304. (a) (1) Section 3(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by striking out “July 1, 1973” and inserting in lieu thereof “July 1, 1975”. (2) The amendments made by this subsection shall be effective on and after July 1, 1973. (b) (1) Section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by adding at the end thereof the following new subsection: “(f) Notwithstanding any other provision of title I of this Act (including the provisions of section 5(c)), a local educational agency with respect to which the number of children determined for any fiscal year under subsection (a) amounts to at least 25 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, shall receive an amount equal to 100 per centum of the amounts to which such agency would be otherwise entitled under subsection (a) of this section.”. (2) The amendment made by this subsection shall be effective on and after July 1, 1974. (c) (1) Section 5(d)(2) of such Act is amended by striking out “No” and inserting in lieu thereof “Except as provided in paragraph (3), no”. (2) Section 5(d) of such Act is further amended by adding at the end thereof the following new paragraph: “(3) (A) Notwithstanding paragraph (2) of this subsection, if a State has in effect a program of State aid for free public education for any fiscal year, which is designed to equalize expenditures for free public education among the local educational agencies of that State, 88 Stat. 523payments under this title for any fiscal year may be taken into consideration by such State in determining the relative— “(i) financial resources available to local educational agencies in that State; and “(ii) financial need of such agencies for the provision of free public education for children served by such agency, provided that a State may consider as local resources funds received under this title only in proportion to the share that local revenues covered under a State equalization program are of total local revenues. Whenever a State educational agency or local educational agency will be adversely affected by any decision of the Commissioner pursuant to this subsection, such agency shall be afforded notice and an opportunity for a hearing prior to the implementation of such decision. “(B) The terms ‘State aid’ and ‘equalize expenditures’ as used in this subsection shall be defined by the Commissioner by regulation after consultation with State and local educational agencies affected provided that, the term ‘equalize expenditures’ shall not be construed in any manner adverse to a program of State aid for free public education which provides for taking into consideration the additional cost of providing free public education for particular groups or categories of pupils in meeting the special educational needs of such children as handicapped children, economically disadvantaged, those who need bilingual education, and gifted and talented children.”. (3) The amendments made by this subsection shall be effective for fiscal year 1975 only. (d) (1) Section 403(1) of such Act is amended by adding at the end thereof the following: “Real property which qualifies as Federal property under clause (A) of this paragraph shall not lose such qualification because it is used for a low-rent housing project.”. (2) Clause (A) of section 5(c)(1) of such Act is amended by inserting after “Economic Opportunity Act of 1964” the following: “(other than any such property which is Federal property described in section 403(1)(A))”.