115 STAT. 1470 PUBLIC LAW 107-llO^JAN. 8, 2002 "(6) EXCEPTION. —This subsection shall not apply to a local educational agency with a total enrollment of less than 1,000 children. " (7) WAIVER FOR DESEGREGATION PLANS.— The Secretary may approve a local educational agency's written request for a waiver of the requirements of subsections (a) and (c), and permit such agency to treat as eligible, and serve, any school that children attend with a State-ordered, court-ordered school desegregation plan or a plan that continues to be implemented in accordance with a State-ordered or court-ordered desegregation plan, if— "(A) the number of economically disadvantaged children enrolled in the school is at least 25 percent of the school's total enrollment; and "(B) the Secretary determines on the basis of a written request from such agency and in accordance with such criteria as the Secretary establishes, that approval of that request would further the purposes of this part. "(b) LOCAL EDUCATIONAL AGENCY DISCRETION.— "(1) IN GENERAL.— Notwithstanding subsection (a)(2), a local educational agency may— "(A) designate as eligible any school attendance area or school in which at least 35 percent of the children are from low-income families; "(B) use funds received under this part in a school that is not in an eligible school attendance area, if the percentage of children from low-income families enrolled in the school is equal to or greater than the percentage of such children in a participating school attendance area of such agency; "(C) designate and serve a school attendance area or school that is not eligible under this section, but that was eligible and that was served in the preceding fiscal year, but only for 1 additional fiscal year; and "(D) elect not to serve an eligible school attendance area or eligible school that has a higher percentage of children from low-income families if— "(i) the school meets the comparability requirements of section 1120A(c); " (ii) the school is receiving supplemental funds from other State or local sources that are spent according to the requirements of section 1114 or 1115; and "(iii) the funds expended from such other sources equal or exceed the amount that would be provided under this part. "(2) SPECIAL RULE. —Notwithstanding paragraph (1)(D), the number of children attending private elementary schools and secondary schools who are to receive services, and the assistance such children are to receive under this part, shall be determined without regard to whether the public school attendance area in which such children reside is assisted under subparagraph (A). " (c) ALLOCATIONS. — "(1) IN GENERAL.—^A local educational agency shall allocate funds received under this part to eligible school attendance areas or eligible schools, identified under subsections (a) and
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