PUBLIC LAW 106-554—APPENDIX A 114 STAT. 2763A-91 at the schools served by the local educational agency, plus $20,000, except that the amount may not exceed $60,000. " (3) CENSUS DETERMINATION. — "(A) IN GENERAL. —Each local educational agency desiring a grant under this section shall determine for each year the number of kindergarten through grade 12 students in average daily attendance at the schools served by the local educational agency during the period beginning or the first day of classes and ending on December 1. " (B) SUBMISSION.— Each local educational agency shall submit the number described in subparagraph (A) to the Secretary not later than March 1 of each year. "(4) PENALTY.—I f the Secretary determines that a local educational agency has knowingly submitted false information under paragraph (3) for the purpose of gaining additional funds under this section, then the local educational agency shall be fined an amount equal to twice the difference between the amoiuit the local educational agency received under this section, and the correct amount the local educational agency would have received under this section if the agency had submitted accurate information under paragraph (3). "(d) DiSBURSAL. —The Secretary shall disburse the funds awarded to a local educational agency under this section for a fiscal year not later than July 1 of that year. "(e) SUPPLEMENT NOT SUPPLANT.— Funds made available under this section shall be used to supplement and not supplant any other State or local education funds. "SEC. 10976. ACCOUNTABILITY. "(a) ACADEMIC ACHIEVEMENT.— "(1) IN GENERAL.— Each local educational agency that uses or receives funds under section 10974 or 10975 for a fiscal year shall— "(A) administer an assessment that is used statewide and is consistent with the assessment described in section 1111(b), to assess the academic achievement of students in the schools served by the local educational agency; or "(B) in the case of a local educational agency for which there is no statewide assessment described in subparagraph (A), administer a test, that is selected by the local educational agency, to assess the academic achievement of students in the schools served by the local educational agency. "(2) SPECIAL RULE. —Each local educational agency that uses or receives funds under section 10974 or 10975 shall use the same assessment or test described in paragraph (1) for each year of participation in the program carried out under such section. "(b) STATE EDUCATIONAL AGENCY DETERMINATION REGARDING CONTINUING PARTICIPATION. — Each State educational agency that receives funding under the provisions of law described in section 10974(c) shall— "(1) after the third year that a local educational agency in the State participates in a program authorized under section 10974 or 10975 and on the basis of the results of the assessments or tests described in subsection (a), determine whether
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