PUBLIC LAW 106-398—APPENDIX 114 STAT. 1654A-79 agency during the preceding school year were students described under paragraph (1)(A) or (1)(B) of section 8003(a) of the Elementary and Secondary Education Act of 1965. (ii) At least 35 percent of the students who were in average daily attendance in the schools of the local educational agency during the preceding school year were students described under paragraph (1)(A) or (1)(B) of section 8003(a) of the Elementary and Secondary Education Act of 1965. (iii) The State education system and the local educational agency are one and the same. (2) A local educational agency is also an eligible local educational agency under this section if the local educational agency has a school facility that was a former Department of Defense domestic dependent elementary or secondary school, but assistance provided under subsection (a) may only be used to repair and renovate that specific facility. (d) NOTIFICATION OF ELIGIBILITY.—Not later than April 30, 2001, the Secretary of Defense shall notify each local educational agency identified under subsection (c) that the local educational agency is eligible to apply for a grant under subsection (a), subsection (b), or both subsections. (e) RELATION TO IMPACT AID CONSTRUCTION ASSISTANCE.—^A local education agency that receives a grant under subsection (a) to repair and renovate a school facility may not also receive a payment for school construction under section 8007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707) for fiscal year 2001. (f) GRANT CONSIDERATIONS.— In determining which eligible local educational agencies will receive a grant under this section, the Secretary of Defense shall take into consideration the following conditions and needs at impacted school facilities of eligible local educational agencies: (1) The repair or renovation of facilities is needed to meet State mandated class size requirements, including studentteacher ratios and instructional space size requirements. (2) There is an increase in the number of military dependent students in facilities of the agency due to increases in unit strength as part of military readiness. (3) There are unhoused students on a military installation due to other strength adjustments at military installations. (4) The repair or renovation of facilities is needed to address any of the following conditions: (A) The condition of the facility poses a threat to the safety and well-being of students. (B) The requirements of the Americans with Disabilities Act of 1990. (C) The cost associated with asbestos removal, energy conservation, or technology upgrades. (D) Overcrowding conditions as evidenced by the use of trailers and portable buildings and the potential for future overcrowding because of increased enrollment. (5) The repair or renovation of facilities is needed to meet any other Federal or State mandate.
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