PUBLIC LAW 106-398 —APPENDIX 114 STAT. 1654A-383 SEC. 1810. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN ATTENDANCE OF MILITARY DEPENDENTS. Section 8006 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7706) is repealed. SEC. 1811. CONSTRUCTION. Section 8007 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7707) is amended to read as follows: " SEC. 8007. CONSTRUCTION. "(a) CONSTRUCTION PAYMENTS AUTHORIZED.— "(1) IN GENERAL. — From 40 percent of the amount appropriated for each fiscal year under section 8014(e), the Secretary shall make payments in accordance with this subsection to each local educational agency that receives a basic support payment under section 8003(b) for that fiscal year. "(2) ADDITIONAL REQUIREMENTS. —^A local educational agency that receives a basic support payment under section 8003(b)(1) shall also meet at least one of the following requirements: "(A) The number of children determined under section 8003(a)(l)(C) for the agency for the preceding school year constituted at least 50 percent of the total student enrollment in the schools of the agency during the preceding school year. "(B) The number of children determined under subparagraphs (B) and (D)(i) of section 8003(a)(1) for the agency for the preceding school year constituted at least 50 percent of the total student enrollment in the schools of the agency during the preceding school year. "(3) AMOUNT OF PAYMENTS.— " (A) LOCAL EDUCATIONAL AGENCIES IMPACTED BY MILI- TARY DEPENDENT CHILDREN.— The amount of a payment to each local educational agency described in this subsection that is impacted by military dependent children for a fiscal year shall be equal to— "(i)(II) 20 percent of the amount appropriated under section 8014(e) for such fiscal year; divided by "(II) the total number of weighted student units of children described in subparagraphs (B) and (D)(i) of section 8003(a)(1) for all local educational agencies described in this subsection (as calculated under section 8003(a)(2)), including the number of weighted student units of such children attending a school facility described in section 8008(a) if the Secretary does not provide assistance for the school facility under that section for the prior fiscal year; multiplied by "(ii) the total number of such weighted student units for the agency. "(B) LOCAL EDUCATIONAL AGENCIES IMPACTED BY CHIL- DREN WHO RESIDE ON INDIAN LANDS.— The amount of a payment to each local educational agency described in this subsection that is impacted by children who reside on Indian lands for a fiscal year shall be equal to— "(i)(I) 20 percent of the amount appropriated under section 8014(e) for such fiscal year; divided by
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