Pub. L. 94-405, tit. II, sec. 202

state entitlements

EnactedYear: 1976Length: 601 wordsOfficial source
state entitlements Sec. 202. (a) The Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for the period July 1, 1976, through September 30, 1977, for the purposes set forth in section 203. (b) (1) Except as provided in subsection (d) of this section, the maximum amount of the grant to which a State educational agency is entitled under this title, for the period beginning July 1, 1976, and ending September 30, 1977, shall be equal to the sum of— (A) the number of Indochinese refugee children aged 5 to 17, inclusive, receiving public educational services under the supervision of each local educational agency within that State during the period for which the determination is made; multiplied by— (B) the lesser of— (i) $300 for each of the first one hundred such children who are furnished such services under the supervision of each local educational agency within such State, or (ii) if the number of such children equals or exceeds 1 per centum of the total number of children enrolled in the schools of that agency, $300 for each such child in such 1 per centum 90 STAT. 1231 who is furnished such services under the supervision of each local educational agency within such State; and (C) $600 for each additional such child in excess of one hundred such children, or in excess of such 1 per centum, as the case may be, being furnished such services under the supervision of that agency. (2) For the purpose of this subsection, the term “State” does not include American Samoa, the Virgin Islands, and the. Trust Territory of the Pacific Islands. (c) (1) The jurisdictions to which this subsection applies are American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (2) Each jurisdiction to which this subsection applies shall be entitled to a grant for the purposes set forth in section 203 in an amount equal to an amount determined by the Commissioner in accordance with criteria established by him, except that the aggregate of the amount to which such jurisdictions are so entitled for any period shall not exceed an amount equal to 1 per centum of the aggregate of the amounts to which all States are entitled under subsection (b) of this section for that period. If the aggregate of the amounts, determined by the Commissioner pursuant to the preceding sentence, to be so needed for any period exceeds an amount equal to such 1 per centum limitation, the entitlement of each such jurisdiction shall be reduced proportionately until such aggregate does not exceed such 1 per centum limitation. (d) Notwithstanding any other provision of this section, no State educational agency shall be entitled to receive a grant for any period in excess of the amount equal to the amount to which such agency would otherwise be entitled under this section for that period minus the sum of the amounts received by the local education id agencies of that State and by that State educational agency for that period under the. Indochina Migration and Refugee Assistance Act of 1975. (e) Determinations with respect to the number of Indochinese refugee children by the Commissioner under this section for any period shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate, because of an underestimate, to deprive any State educational agency of its entitlement to any payment (or the amount thereof), under this section to which such agency would be entitled had such determination been made on the basis of accurate data.
Pub. L. 94-405, tit. II, sec. 202: state entitlements | Justis AI