115 STAT. 1518 PUBLIC LAW 107-110-^AN. 8, 2002 " (C) ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES.— If the Secretary approves the State educational agency's apphcation under subparagraph (B), the State educational agency shall provide the Secretary an assurance that such allocations shall be made— "(i) using precisely the same factors for determining a grant as are used under this subpart; or "(ii) using data that the State educational agency submits to the Secretary for approval that more accurately target poverty. "(D) APPEAL.— The State educational agency shall provide the Secretary an assurance that it will establish a procedure through which a local educational agency that is dissatisfied with its determinations under subparagraph (B) may appeal directly to the Secretary for a final determination. "(4) PUERTO RICO.— "(A) IN GENERAL.— For each fiscal year, the grant that the Commonwealth of Puerto Rico shall be eligible to receive under this section shall be the amount determined by multiplying the number of children counted under subsection (c) for the Commonwealth of Puerto Rico by the product of— "(i) subject to subparagraph (B), the percentage that the average per-pupil expenditure in the Commonwealth of Puerto Rico is of the lowest average perpupil expenditure of any of the 50 States; and "(ii) 32 percent of the average per-pupil expenditure in the United States. "(B) MINIMUM PERCENTAGE.— The percentage in subparagraph (A)(i) shall not be less than— "(i) for fiscal year 2002, 77.5 percent; "(ii) for fiscal year 2003, 80.0 percent; "(iii) for fiscal year 2004, 82.5 percent; "(iv) for fiscal year 2005, 85.0 percent; "(v) for fiscal year 2006, 92.5 percent; and "(vi) for fiscal year 2007 and succeeding fiscal years, 100.0 percent. "(C) LIMITATION. —I f the application of subparagraph (B) would result in any of the 50 States or the District of Columbia receiving less under this subpart than it received under this subpart for the preceding fiscal year, the percentage in subparagraph (A) shall be the greater of— "(i) the percentage in subparagraph (A)(i); "(ii) the percentage specified in subparagraph (B) for the preceding fiscal year; or "(iii) the percentage used for the preceding fiscal year. "(b) MINIMUM NUMBER OF CHILDREN TO QUALIFY.—^A local educational agency is eligible for a basic grant under this section for any fiscal year only if the number of children counted under subsection (c) for that agency is both— "(1) 10 or more; and "(2) more than 2 percent of the total school-age population in the agency's jurisdiction. " (c) CHILDREN TO BE COUNTED.—
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