118 STAT. 739 PUBLIC LAW 108–265—JUNE 30, 2004 verification information has not been obtained by a local educational agency after attempted verification under subparagraphs (F) and (G). ‘‘(ii) VERIFICATION OF SAMPLE.—Each school year, a local educational agency shall verify eligibility of the children in a sample of household applications approved for the school year by the local educational agency, as determined by the Secretary in accordance with this subsection. ‘‘(iii) SAMPLE SIZE.—Except as otherwise provided in this paragraph, the sample for a local educational agency for a school year shall equal the lesser of— ‘‘(I) 3 percent of all applications approved by the local educational agency for the school year, as of October 1 of the school year, selected from error prone applications; or ‘‘(II) 3,000 error prone applications approved by the local educational agency for the school year, as of October 1 of the school year. ‘‘(iv) ALTERNATIVE SAMPLE SIZE.— ‘‘(I) IN GENERAL.—If the conditions described in subclause (IV) are met, the verification sample size for a local educational agency shall be the sample size described in subclause (II) or (III), as determined by the local educational agency. ‘‘(II) 3,000/3 PERCENT OPTION.—The sample size described in this subclause shall be the lesser of 3,000, or 3 percent of, applications selected at random from applications approved by the local educational agency for the school year, as of October 1 of the school year. ‘‘(III) 1,000/1 PERCENT PLUS OPTION.— ‘‘(aa) IN GENERAL.—The sample size described in this subclause shall be the sum of— ‘‘(AA) the lesser of 1,000, or 1 percent of, all applications approved by the local educational agency for the school year, as of October 1 of the school year, selected from error prone applications; and ‘‘(BB) the lesser of 500, or 1 2 of 1 percent of, applications approved by the local educational agency for the school year, as of October 1 of the school year, that provide a case number (in lieu of income information) showing participation in a program described in item (bb) selected from those approved applications that provide a case number (in lieu of income information) verifying the partici pation. ‘‘(bb) PROGRAMS.—The programs described in this item are— ‘‘(AA) the food stamp program estab lished under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.);
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