PUBLIC LAW lOV-llO-JAN. 8, 2002 115 STAT. 1797 the grant to establish or enhance, and administer, a perpupil facihties aid program for charter schools in the State. "(B) EVALUATIONS; TECHNICAL ASSISTANCE; DISSEMINA- TION.— From the amount made available to a State through a grant under this subsection for a fiscal year, the State may reserve not more than 5 percent to carry out evaluations, to provide technical assistance, and to disseminate information. "(C) SUPPLEMENT, NOT SUPPLANT. —Funds made available under this subsection shall be used to supplement, and not supplant. State and local public funds expended to provide per pupil facilities aid programs, operations financing programs, or other programs, for charter schools. "(4) REQUIREMENTS.— "(A) VOLUNTARY PARTICIPATION.— No State may be required to participate in a program carried out under this subsection. "(B) STATE LAW. — To be eligible to receive a grant under this subsection, a State shall establish or enhance, and administer, a per-pupil facilities aid program for charter schools in the State, that— "(i) is specified in State law; and "(ii) provides annual financing, on a per-pupil basis, for charter school facilities. "(5) APPLICATIONS.—To be eligible to receive a grant under this subsection, a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. "(6) PRIORITIES.— In making grants under this subsection, the Secretary shall give priority to States that meet the criteria described in paragraph (2), and subparagraphs (A), (B), and (C) of paragraph (3), of section 5202(e). "(c) RULE OF CONSTRUCTION.— Nothing in this section shall be construed to require charter schools to collect any data described in subsection (a). "SEC. 5206. FEDERAL FORMULA ALLOCATION DURING FIRST YEAR AND 20 USC 7221e. FOR SUCCESSIVE ENROLLMENT EXPANSIONS. "(a) IN GENERAL.— For purposes of the allocation to schools by the States or their agencies of funds under part A of title I, and any other Federal funds which the Secretary allocates to States on a formula basis, the Secretary and each State educational agency shall take such measures as are necessary to ensure that every charter school receives the Federal funding for which the charter school is eligible not later than 5 months after the charter school first opens, notwithstanding the fact that the identity and characteristics of the students enrolling in that charter school are not fully and completely determined until that charter school actually opens. The measures similarly shall ensure that every charter school expanding its enrollment in any subsequent year of operation receives the Federal funding for which the charter school is eligible not later than 5 months after such expansion. "(b) ADJUSTMENT AND LATE OPENINGS.— "(1) IN GENERAL.— The measures described in subsection (a) shall include provision for appropriate adjustments, through recovery of funds or reduction of payments for the succeeding year, in cases where payments made to a charter school on
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