Page:United States Statutes at Large Volume 102 Part 1.djvu/219

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 181

ing special education and related services for handicapped children under contract or other arrangement with such agency); or "(ii) is directly responsible for providing early intervention services for handicapped infants or toddlers (including schools or programs providing special education and related services for handicapped children under contract or other arrangement with such agency), in the most recent fiscal year for which satisfactory data are available. The State educational agency shall distribute such funds to the appropriate State agency on the basis of the December 1 child count by distributing an equal amount for each child counted. "(2) For each fiscal year, the Secretary shall determine the Grants, percentage which the average per pupil expenditure in the Puerto Rico. Commonwealth of Puerto Rico is of the lowest average per pupil expenditure of any of the 50 States. Except as provided in subsection (e), a grant which the Commonwealth of Puerto Rico shall be eligible to receive under this subpart for a fiscal year shall be the amount arrived at by multiplying the number of such handicapped children in the Commonwealth of Puerto Rico by the product of— "(A) the percentage determined under the preceding sentence, and "(B) 32 percent of the average per pupil expenditure in the United States. "(d) COUNTING OF CHILDREN TRANSFERRING FROM STATE TO LOCAL

PROGRAMS.—In any case in which a child described in sections 1225(1)(A) and 1225(l)(B)(i) leaves an educational program for handicapped children operated or supported by a State agency in order to participate in such a program operated or supported by a local educational agency, such child shall be counted under subsection (c) if— "(1) the child was receiving and continues to receive a free appropriate public education; and "(2) the State educational agency transfers to the local educational agency in whose program such child participates an amount equal to the sums received by such State educational agency under this section which are attributable to such child, to be used for the purpose set forth in section 1223. "(e) SPECIAL REQUIREMENT.—The State educational agency may count handicapped children aged 3 to 5, inclusive, in a State only if such State is eligible for a grant under section 619 of the Education of the Handicapped Act. "SEC. 1222. PROGRAM REQUIREMENTS.

"(a) GENERAL REQUIREMENTS.—A State educational agency shall use the payments made under this subpart for programs and projects (including the acquisition of equipment) which are designed to supplement the special education needs of handicapped children (other than handicapped infants and toddlers) or the early intervention needs of handicapped infants and toddlers. Such programs and projects shall be administered in a manner consistent with this subpart, subpart 2 of part F, part B of the Education of the Handicapped Act, and, as determined by the Secretary to be appropriate, part H of the Education of the Handicapped Act. "(b) SERVICES.—Funds under this subpart shall be used to supplement the provision of special education and related services for handicapped children (other than handicapped infants and toddlers) or early intervention services for handicapped infants and toddlers.

20 USC 2792.