114 STAT. 1654A-384 PUBLIC LAW 106-398—APPENDIX "(11) the total number of weighted student units of children described in section 8003(a)(1)(C) for all local educational agencies described in this subsection (as calculated under section 8003(a)(2)); multiplied by "(ii) the total number of such weighted student units for the agency. "(4) USE OF FUNDS.—Any local educational agency that receives funds under this subsection shall use such funds for construction, as defined in section 8013(3). " (b) SCHOOL FACILITY MODERNIZATION GRANTS AUTHORIZED.— "(1) IN GENERAL.— From 60 percent of the amount appropriated for each fiscal year under section 8014(e), the Secretary shall award grants in accordance with this subsection to eligible local educational agencies to enable the local educational agencies to carry out modernization of school facilities. "(2) ELIGIBILITY REQUIREMENTS.—^A local educational agency is eligible to receive funds under this subsection only if— "(A) such agency (or in the case of a local educational agency that does not have the authority to tax or issue bonds, such agency's fiscal agent) has no capacity to issue bonds or is at such agency's limit in bonded indebtedness for the purposes of generating funds for capital expenditures, except that a local educational agency that is eligible to receive funds under section 8003(b)(2) shall be deemed to meet the requirements of this subparagraph; and "(B)(i) such agency received assistance under section 8002(a) for the fiscal year and has an assessed value of taxable property per student in the school district that is less than the average of the assessed value of taxable property per student in the State in which the local educational agency is located; or "(ii) such agency received assistance under subsection (a) for the fiscal year and has a school facility emergency, as determined by the Secretary, that poses a health or safety hazard to the students and school personnel assigned to the school facility. "(3) AWARD CRITERIA.— In awarding grants under this subsection the Secretary shall consider one or more of the following factors: "(A) The extent to which the local educational agency lacks the fiscal capacity to undertake the modernization project without Federal assistance. "(B) The extent to which property in the local educational agency is nontaxable due to the presence of the Federal Government. "(C) The extent to which the local educational agency serves high numbers or percentages of children described in subparagraphs (A), (B), (C), and (D) of section 8003(a)(1). "(D) The need for modernization to meet— "(i) the threat that the condition of the school facility poses to the health, safety, and well-being of students; "(ii) overcrowding conditions as evidenced by the use of trailers and portable buildings and the potential for future overcrowding because of increased enrollment; and
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