Page:United States Statutes at Large Volume 115 Part 2.djvu/1006

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115 STAT. 1990 PUBLIC LAW 107-110-^AN. 8, 2002 or policies to ensure that homeless children and youths are afforded the same free, appropriate public education as provided to other children and youths. "(3) Homelessness alone is not sufficient reason to separate students from the mainstream school environment. "(4) Homeless children and youths should have access to the education and other services that such children and youths need to ensure that such children and youths have an opportunity to meet the same challenging State student academic achievement standards to which all students are held. 42 USC 11432. "SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDU- CATION OF HOMELESS CHILDREN AND YOUTHS. "(a) GENERAL AUTHORITY.—The Secretary is authorized to make grants to States in accordance with the provisions of this section to enable such States to carry out the activities described in subsections (d) through (g). "(b) APPLICATION. —No State may receive a grant under this section unless the State educational agency submits an application to the Secretary at such time, in such manner, and containing or accompanied by such information as the Secretary may reasonably require. " (c) ALLOCATION AND RESERVATIONS.— "(1) ALLOCATION. — (A) Subject to subparagraph (B), the Secretary is authorized to allot to each State an amount that bears the same ratio to the amount appropriated for such year under section 726 that remains after the Secretary reserves funds under paragraph (2) and uses funds to carry out section 724(d) and (h), as the amount allocated under section 1122 of the Elementary and Secondary Education Act of 1965 to the State for that year bears to the total amount allocated under section 1122 of such Act to all States for that year, except that no State shall receive less than the greater of— "(i) $150,000; "(ii) one-fourth of 1 percent of the amount appropriated under section 726 for that year; or "(iii) the amount such State received under this section for fiscal year 2001. "(B) If there are insufficient funds in a fiscal year to allot to each State the minimum amount under subparagraph (A), the Secretary shall ratably reduce the allotments to all States based on the proportionate share that each State received under this subsection for the preceding fiscal year. "(2) RESERVATIONS. — (A) The Secretary is authorized to reserve 0.1 percent of the amount appropriated for each fiscal year under section 726 to be allocated by the Secretary among the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, according to their respective need for assistance under this subtitle, as determined by the Secretary. "(B)(i) The Secretary shall transfer 1 percent of the amount appropriated for each fiscal year under section 726 to the Department of the Interior for programs for Indian students served by schools funded by the Secretary of the Interior,