95 STAT. 468
PUBLIC LAW 97-35—AUG. 13, 1981 GENERAL PROVISIONS
20 USC 3807.
Waiver of requirements.
558. (a) MAINTENANCE OP EPFORT.—(1) Except as provided in paragraph (2), a local educational agency may receive funds under this chapter for any fiscal year only if the State educationsJ agency finds that either the combined fiscal effort per student or the aggregate expenditures of that agency and the State with respect to the provision of free public education by that agency for the preceding fiscal year was not less than 90 per centum of such combined fiscal effort or aggregate expenditures for the second preceding fiscal year. (2) The State educational agency shall reduce the amount of the allocation of funds under this chapter in any fiscal year in the exact proportion to which a local educational agency fails to meet the requirement of paragraph (1) by falling below 90 per centum of both the combined fiscal effort per student and aggregate expenditures (using the measure most favorable to such local agency), and no such lesser amount shall be used for computing the enort required under paragraph (1) for subsequent years. (3) The State educational agency may waive, for one fiscal year only, the requirements of this subsection if the State educational agency determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency. SEC.
(b) FEDERAL FUNDS TO SUPPLEMENT, NOT SUPPLANT REGULAR NONFEDERAL FUNDS.—A local educational agency may use funds received
under this chapter only so as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs and projects assisted under this chapter, and in no case may such funds be so used as to supplant such funds from such non-Federal sources. In order to demonstrate compliance with this subsection a local education agency shall not be required to provide services under this chapter outside the regular classroom or school program. (c) CoMPARABiuTY OP SERVICES.—(1) A local oducational agency may receive funds under this chapter only if State and local fun<b will be used in the district of such agency to provide services in project areeis which, taken as a whole, are at least comparable to services being provided in areas in such district whicn are not receiving funds under this chapter. Where all school attendance areeis in the district of the agency are designated as project areas, the agency may receive such funds only if State and local funds are used to provide services which, taken as a whole, are substantially comparable in each project area. (2) A local educational agency shall be deemed to have met the requirements of pargigraph (1) if it has filed with the State educational agency a written assurance that it has established— (A) a districtwide salsiry schedule; (B) a policy to ensure equivalence among schools in teachers, administrators, and auxiliary personnel; and (C) a policy to ensure equivalence among schools in the provision of curriculum materials and instructional supplies. Unpredictable changes in student enrollment or personnel assignments which occur after the beginning of a school year shall not be included as a factor in determining comparability of services.
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