 CHAPTER 70--STRENGTHENING AND IMPROVEMENT OF ELEMENTARY AND SECONDARY 
                                 SCHOOLS
 
             SUBCHAPTER X--PROGRAMS OF NATIONAL SIGNIFICANCE
 
                     Part C--Public Charter Schools
 
              subpart 1--basic charter school grant program
 
Sec. 8065a. Federal formula allocation during first year and 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 subchapter I of this chapter, 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 not later than 6 months after October 22, 1998, 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) of this section 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 the basis of estimated or 
    projected enrollment data exceed the amounts that the school is 
    eligible to receive on the basis of actual or final enrollment data.

                              (2) Rule

        For charter schools that first open after November 1 of any 
    academic year, the State, in accordance with guidance provided by 
    the Secretary and applicable Federal statutes and regulations, shall 
    ensure that such charter schools that are eligible for the funds 
    described in subsection (a) of this section for such academic year 
    have a full and fair opportunity to receive those funds during the 
    charter schools' first year of operation.

(Pub. L. 89-10, title X, Sec. 10306, as added Pub. L. 105-278, 
Sec. 3(g)(2), Oct. 22, 1998, 112 Stat. 2687.)


                            Prior Provisions

    A prior section 10306 of Pub. L. 89-10 was renumbered section 10310 
and is classified to section 8066 of this title.
