115 STAT. 1876 PUBLIC LAW 107-110—JAN. 8, 2002 of the most recent satisfactory data) bears to the total number of such students in all States. "(B) Any amounts remaining after the Secretary awards funds under subparagraph (A) shall be allocated to each State that did not receive a grant under such subparagraph, in an amount that bears the same relationship to the total funds available under this subparagraph as the number of students ages 5 through 17 in the State (as determined by the Secretary on the basis of the most recent satisfactory data) bears to the total number of such students in all States. "(c) STATE DEFINED. — In this section, the term 'State' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. State and Local "Subpart 2—Funding Transferability for State and Transferability ^OCal EduCatioUal AgCncicS 20 USC 7305. " SEC. 6121. SHORT TITLE. "This subpart may be cited as the 'State and Local Transferability Act'. 20 USC 7305a. "SEC. 6122. PURPOSE. "The purpose of this subpart is to allow States and local educational agencies the flexibility— "(1) to target Federal funds to Federal programs that most effectively address the unique needs of States and localities; and "(2) to transfer Federal funds allocated to other activities to allocations for certain activities authorized under title I. 20 USC 7305b. " SEC. 6123. TRANSFERABILITY OF FUNDS. "(a) TRANSFERS BY STATES.— "(1) IN GENERAL.— In accordance with this subpart, a State may transfer not more than 50 percent of the nonadministrative State funds (including funds transferred under paragraph (2)) allotted to the State for use for State-level activities under the following provisions for a fiscal year to one or more of the State's allotments for such fiscal year under any other of such provisions: "(A) Section 2113(a)(3). "(B) Section 2412(a)(1). "(C) Subsections (a)(1) (with the agreement of the Governor) and (c)(1) of section 4112 and section 4202(c)(3). "(D) Section 5112(b). "(2) ADDITIONAL FUNDS FOR TITLE I.— In accordance with this subpart and subject to the 50 percent limitation described in paragraph (1), a State may transfer any funds allotted to the State under a provision listed in paragraph (1) to its allotment under title I. "(b) TRANSFERS BY LOCAL EDUCATIONAL AGENCIES.— "(1) AUTHORITY TO TRANSFER FUNDS.— "(A) IN GENERAL.—In accordance with this subpart, a local educational agency (except a local educational agency identified for improvement under section 1116(c) or subject to corrective action under section 1116(c)(9))
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