108 STAT. 3754
PUBLIC LAW 103-382—OCT. 20, 1994
"(2) PAYMENTS WITH RESPECT TO FISCAL YEARS IN WHICH
INSUFFICIENT FUNDS ARE APPROPRIATED. —
"(A) IN GENERAL. — For any fiscal year in which the
sums appropriated under section 8014(b) are insufficient
to pay to each local educational agency the full amount
computed under paragraph (1), the Secretary shall make
payments in accordance with this paragraph.
"(B) LEARNING OPPORTUNITY THRESHOLD PAYMENTS. —
(i) For fiscal years described in subparagraph (A), the Secretary shall compute a learning opportunity threshold pay-
ment (hereafl:er in this title referred to as the 'threshold
payment') by multiplying the amount obtained under paragraph (1)(C) by the total percentage obtained by adding—
"(I) the percentage of federally connected children
for each local educational agency determined by calculating the fraction, the numerator of which is the
total number of children described under subsection
(a)(1) and the denominator of which is the total number
of children in average daily attendance at the schools
served by such agency; and
"(II) the percentage that funds under paragraph
(1)(C) represent of the total budget of the local educational agency, determined by calculating the fraction,
the numerator of which is the total amount of funds
calculated for each local educational agency under this
paragraph (not including amounts received under subsection if)), and the denominator of which is the total
current expenditures for such agency in the second
preceding fiscal year for which the determination is
made.
"(ii) Such total percentage used to calculate threshold
payments under paragraph (1) shall not exceed 100.
"(iii) For the purpose of determining the percentages
described in subclauses (I) and (II) of clause (i) that are
applicable to the local educational agency providing free
public education to students in grades 9 through 12 residing
on Hanscom Air Force Base, Massachusetts, the Secretary
shall consider only that portion of such agenc^s tot2d enrollment of students in grades 9 through 12 when calculating
the percentage under such subclause (I) and only that
portion of the total current expenditures attributed to the
operation of grades 9 through 12 in such agency when
calculating the percentage under subclause (II).
"(C) RATABLE DISTRIBUTION. —For fiscal years described
in suisparagraph (A), the Secretary shall make payments
as a ratable distribution based upon the computation made
under subparagraph (B).
" (c) PRIOR YEAR DATA.—
"(1) IN GENERAL. —Except as provided in paragraph (2)
and subsection (f), all calculations under this section shall
be based on data for each local educational agency from not
later than the fiscal year preceding the fiscal year for which
the agency is making application for payment.
"(2) EXCEPTION.—- Calculations for a local educational
agency that is newly established by a State shall, for the
first year of operation of such agency, be based on data from

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