PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3887 "(2) be accessible to all States, local educational agencies, schools, community-based organizations and others who are recipients of funds under this Act.
- TITLE XIV—GENERAL PROVISIONS
"PART A—DEFINITIONS "SEC. 14101. DEFIMTIONS. 20 USC 8801. "Except as otherwise provided, for the purposes of this Act, the following terms have the following meanings: "(1) AVERAGE DAILY ATTENDANCE.—(A) Except as provided otherwise by State law or this paragraph, the term 'average daily attendance' means— "(i) the aggregate number of days of attendance of all students during a school year; divided by "(ii) the number of days school is in session during such school year, "(B) The Secretary shall permit the conversion of averajge daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership or such other data. "(C) If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for purposes of this Act— "(i) consider the child to be in attendance at a school of the agency making such payment; and "(ii) not consider the child to be in attendance at a school of the agency receiving such payment. "(D) If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with disabilities, as defined in section 602(a)(1) of the Individu£ds with Disabilities Education Act, the Secretary shall, for the purposes of this Act, consider such child to be in attendance at a school of the agency making such payment. "(2) AVERAGE PER-PUPIL EXPENDITURE.—The term 'average per-pupil expenditure' means, in the case of a State or of the United States— "(A) without regard to the source of funds— "(i) the aggregate current expenditures, during the third fiscal year preceding the fiscal year for which the determination is made (or, if satisfactory data for that year are not available, during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the State,v or, in the case of the United States for all States (which, for the purpose of this paragraph, means the ' 50 States and the District of Columbia); plus "(ii) any direct current expenditures by the State for the operation of such agencies; divided by "(B) the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year.
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