PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3753 "(i) a number of such children described in such subparagraphs which exceeds 6,500; and "(ii) an average daily attendance for all children which exceeds 100,000. "(D) Multiply the number of children described in subparagraphs (D) and (E) of paragraph (1) by a factor of . 10. "(E) Multiply the number of children described in subparagraphs (F) and (G) of paragraph (1) by a factor of .0 5. "(3) SPECIAL RULE. —The Secretary shall only compute a payment for a local educational agency for children described in subparagraph (F) or (G) of paragraph (1) if the number of such children equals or exceeds 2,000 and such number equals or exceeds 15 percent of the total number of students in average daily attendance in the schools of such agency. " (b) BASIC SUPPORT PAYMENTS AND PAYMENTS WITH RESPECT TO FISCAL YE/JIS IN WHICH INSUFFICIENT FUNDS ARE APPRO- PRIATED.— " (1) BASIC SUPPORT PAYMENTS. — "(A) IN GENERAL. —From the amount appropriated under section 8014(b) for a fiscal year, the Secretary is authorized to make Jbasic support payments to eligible local educational agencies with children described in subsection (a). "(B) ELIGIBILITY. —^A local educational agency is eligible to receive a basic support payment under subparagraph (A) for a fiscal year with respect to a number of children determined under subsection (a)(1) only if the number of children so determined with respect to such agency amounts to the lesser of— "(i) at least 400 such children; or "(ii) a number of such children which equals at least 3 percent of the total number of children who were in average daily attendance, during such year, at the schools of such agency and for whom such agency provided free public education. (C) MAXIMUM AMOUNT.— The maximum amount that a local educational agency is eligible to receive under this subsection for any fiscal year is the sum of the total weighted student units, as computed under subsection (a)(2), multiplied by the greater of— "(i) one-half of the average per-pupil expenditure of the State in which the local educational agency is located for the third fiscal year preceding the fiscal year for which the determination is made; "(ii) one-half of the average per-pupil expenditure of all of the States for the third fiscal year preceding the fiscal year for which the determination is made; "(iii) the comparable local contribution rate certified by the State, as determined under regulations prescribed to carry out the Act of September 30, 1950 (Public Law 874, 81st Congress), as such regulations were in effect on January 1, 1994; or "(iv) the average per-pupil expenditure of the State in which the local educational agency is located, multiplied by the local contribution percentage.
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