 
 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
SUBCHAPTER VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE 
                          ACQUISITION PROGRAMS
 
              Part C--Emergency Immigrant Education Program
 
Sec. 7544. State allocations


(a) Payments

    The Secretary shall, in accordance with the provisions of this 
section, make payments to State educational agencies for each of the 
fiscal years 1995 through 1999 for the purpose set forth in section 
7541(b) of this title.

(b) Allocations

                           (1) In general

        Except as provided in subsections (c) and (d) of this section, 
    of the amount appropriated for each fiscal year for this part, each 
    State participating in the program assisted under this part shall 
    receive an allocation equal to the proportion of such State's number 
    of immigrant children and youth who are enrolled in public 
    elementary or secondary schools under the jurisdiction of each local 
    educational agency described in paragraph (2) within such State, and 
    in nonpublic elementary or secondary schools within the district 
    served by each such local educational agency, relative to the total 
    number of immigrant children and youth so enrolled in all the States 
    participating in the program assisted under this part.

               (2) Eligible local educational agencies

        The local educational agencies referred to in paragraph (1) are 
    those local educational agencies in which the sum of the number of 
    immigrant children and youth who are enrolled in public elementary 
    or secondary schools under the jurisdiction of such agencies, and in 
    nonpublic elementary or secondary schools within the districts 
    served by such agencies, during the fiscal year for which the 
    payments are to be made under this part, is equal to--
            (A) at least 500; or
            (B) at least 3 percent of the total number of students 
        enrolled in such public or nonpublic schools during such fiscal 
        year,

    whichever number is less.

(c) Determinations of number of children and youth

                           (1) In general

        Determinations by the Secretary under this section for any 
    period with respect to the number of immigrant children and youth 
    shall be made on the basis of data or estimates provided to the 
    Secretary by each State educational agency in accordance with 
    criteria established by the Secretary, unless the Secretary 
    determines, after notice and opportunity for a hearing to the 
    affected State educational agency, that such data or estimates are 
    clearly erroneous.

                          (2) Special rule

        No such determination with respect to the number of immigrant 
    children and youth shall operate because of an underestimate or 
    overestimate to deprive any State educational agency of the 
    allocation under this section that such State would otherwise have 
    received had such determination been made on the basis of accurate 
    data.

(d) Reallocation

    Whenever the Secretary determines that any amount of a payment made 
to a State under this part for a fiscal year will not be used by such 
State for carrying out the purpose for which the payment was made, the 
Secretary shall make such amount available for carrying out such purpose 
to one or more other States to the extent the Secretary determines that 
such other States will be able to use such additional amount for 
carrying out such purpose. Any amount made available to a State from any 
appropriation for a fiscal year in accordance with the preceding 
sentence shall, for purposes of this part, be regarded as part of such 
State's payment (as determined under subsection (b) of this section) for 
such year, but shall remain available until the end of the succeeding 
fiscal year.

(e) Reservation of funds

                           (1) In general

        Notwithstanding any other provision of this part, if the amount 
    appropriated to carry out this part exceeds $50,000,000 for a fiscal 
    year, a State educational agency may reserve not more than 20 
    percent of such agency's payment under this part for such year to 
    award grants, on a competitive basis, to local educational agencies 
    within the State as follows:
            (A) At least one-half of such grants shall be made available 
        to eligible local educational agencies (as described in 
        subsection (b)(2) of this section) within the State with the 
        highest numbers and percentages of immigrant children and youth.
            (B) Funds reserved under this paragraph and not made 
        available under subparagraph (A) may be distributed to local 
        educational agencies within the State experiencing a sudden 
        influx of immigrant children and youth which are otherwise not 
        eligible for assistance under this part.

                       (2) Use of grant funds

        Each local educational agency receiving a grant under paragraph 
    (1) shall use such grant funds to carry out the activities described 
    in section 7547 of this title.

                           (3) Information

        Local educational agencies with the highest number of immigrant 
    children and youth receiving funds under paragraph (1) may make 
    information available on serving immigrant children and youth to 
    local educational agencies in the State with sparse numbers of such 
    children.

(Pub. L. 89-10, title VII, Sec. 7304, as added Pub. L. 103-382, title I, 
Sec. 101, Oct. 20, 1994, 108 Stat. 3740.)

                  Section Referred to in Other Sections

    This section is referred to in sections 7542, 7545, 7546 of this 
title.
