1 2 BASIC GRANTS AMOUNT AND ELIGIBILITY SEC. 204. (a) There is authorized to be appropriated for 3 each fiscal year for the purpose of this subsection an amount 4 equal to not more than 3 per centum of the amount appropri5 ated for such year for payments to States under section 208, other than payments under such section to jurisdictions ex7 cluded from the term "State", by this subsection. The Com8 missioner shall allot the amount appropriate pursuant to this subsection among the Commonwealth of Puerto Rico, Guam, 11 10 American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands, according to their respective need for 12 such payments. The grants to which a local educational 13 agency shall be eligible to receive pursuant to this subsection 14 shall be allotted as the Commissioner determines will best 15 carry out the purposes of this title. 19 16. (b) (1) In any case in which the Commissioner deter17 mines that satisfactory data are available, the maximum 18 grant which a local educational agency shall be eligible to receive under this title for any fiscal year shall be an amount 20 equal to the Federal percentage (established pursuant to 21 subsection (d)) multiplied by the average per pupil ex22 penditure in that State or, if greater in the United States, and multiplied by the number of children enrolled in the 24 neighborhood schools of such agency who are age five to 25 seventeen years, inclusive. 23 5 1 (2) In any other case, the maximum grant for any 2 other local educational agency in a State shall be deter3 mined on the basis of the aggregate maximum amount of 4 such grants for all such agencies in any county in which the 5 school district in which the particular agency is located 6 which aggregate maximum amount shall be equal to the 7 Federal percentage of such per pupil expenditure multiplied 8 by the number of children enrolled in such neighborhood 9 schools and shall be allocated among those agencies upon 10 such equitable basis as may be determined by the State edu11 cational agency in accordance with basic criteria of the Com12 missioner. 13 (c) For the purpose of this subsection and section 205, 14 the term "neighborhood schools" means any public clemen15 tary or secondary school in which— (1) not less than 75 per centum of the children enrolled in such school are assigned to that school on the basis of residence within a specified geographic area which that school serves and not more than 25 per centum are assigned to such school on the basis of voluntary request by the parents or guardian of such children or by reason of an order of a court of competent jurisdiction; and (2) (A) not less than 40 per centum of the children enrolled in such school are (i) in families having 2 3 4 5 6 7 8 9 10 11 12 13 an annual income of less than the low-income factor, (ii) in families receiving an annual income in excess of the low-income factor from payments under the pro gram of aid to families with dependent children under a State plan approved under title IV of the Social, Security Act, or (iii) living in institutions for neglected or delinquent children (other than such institutions operated by the United States) but not counted for the purpose of a grant to a State agency, or being supported in foster homes with public funds; or (B) not less than 40 per centum of the children enrolled in such school are members of a minority group. (d) For the purpose of this section, the "Federal per14 centage" is 65 per centum and the "low-income factor" is 15 $4,000 for the fiscal year ending June 30, 1973, and shall 16 be increased by the Commissioner to an amount in excess of 17 $4,000 reflecting an increase in the cost of living factor as 18 determined by the Commissioner after consulting with the 19 Secretary of Labor. 20 (e) For the purposes of this section, the Commissioner 21 shall determine the number of children aged five to seventeen, 22 inclusive, of families having an annual income of less than 23 the low-income factor (as established pursuant to subsection 24 (d)) on the basis of the most recent satisfactory data avail25 able from the Department of Commerce. At any time such 7 1 data for a county are available in the Department of Com2 merce, such data shall be used in making calculations under 3 this section. The Secretary of Health, Education, and Wel4 fare shall determine the number of children of such ages from 5 families receiving an annual income in excess of the low6 income factor from payments under the program of aid to 7 families with dependent children under a State plan ap8 proved under title IV of the Social Security Act, and the 9 number of children of such ages living in institutions for 10 neglected or delinquent children, or being supported in foster 11 homes with public funds, on the basis of the caseload data 12 for the month of January of the preceding fiscal year or, 13 to the extent that such data are not available to him before 14 April 1 of the calendar year in which the Secretary's de15 termination is made, then on the basis of the most recent 16 reliable data available to him at the time of such determina17 tion. When requested by the Commissioner, the Secretary 18 of Commerce shall make a special estimate of the number of children of such ages who are from families having an 20 annual income less than the low-income factor in each county 21 or school district, and the Commissioner is authorized to pay 22 (either in advance or by way of reimbursement) to the Sec23 retary of Commerce the cost of making this special estimate. The Secretary of Commerce shall give consideration to any 25 request the chief executive of a State for the collection of 19 24 8 1 additional census information. For purposes of this section, 2 the Secretary shall consider all children who are in corrcc3 tional institutions to be living in institutions for delinquent 4 children. 5 (f) For the purpose of this section, "the average per 6 pupil expenditure" in a State, or in the United States, shall be 7 the aggregate current expenditures, during the second fiscal 8 year preceding the fiscal year for which the computation is 9 made (or, if satisfactory data for that year are not available 10 at the time of computation, then during the earliest preceding 11 fiscal year for which satisfactory data are available), of all 12 local educational agencies in the States, or in the United 13 States (which for the purposes of this subsection means the 14 fifty States and the District of Columbia), as the case may 15 be, plus any direct current expenditures by the State for 16 operation of such agencies (without regard to the sources of 17 funds from which either of such expenditures are made), 18 divided by the aggregate number of children in average daily 19 attendance to whom such agencies provided free public edu20 cation during such preceding year. 21 (g) For the purpose of this section, the term "State" 22 does not include the Commonwealth of Puerto Rico, Guam, 23 American Samoa, the Virgin Islands, and the Trust Territory 24 of the Pacific Islands. |