7

1 district of such agency during such year an adjusted number 2 of Federal impact pupils (as determined in accordance with 3 section 11 but computed with respect to average daily mem4 bership in lieu of average daily attendance) in excess of 50 5 per centum of the number of all pupils in average daily 6 membership in the schools of such agency. A local educa7 tional agency eligible for assistance under this section shall 8 not be eligible for assistance under section 12.

9

"(b) The Commissioner shall pay to each local educa10 tional agency eligible for assistance under this section for any 11 fiscal year an amount equal to (1) the sum of the current 12 expenditures which he determines to be necessary to provide 13 a reasonable standard of free public education for such year 14 in the school district of such agency less (2) the amount 15 which he determines to be available to such agency for such 16 expenditures from local, State, and other Federal sources of 17 such year, including the amount which he determines would 18 be raised if such agency were to levy taxes at the average tax

rate for the State on equalized assessed valuation (as deter20 mined under State law) of taxable property within such 21 school district: Provided, That no educational agency shall

be entitled to assistance under this section unless the eligi

bility of such agency under State law for State aid with

respect to the free public education of children residing on

Federal property, and the amount of such aid, is determined

8

1

on a basis no less favorable to such agency than the basis used 2 in determining the eligibility of local educational agencies for 3 State aid, and the amount thereof, with respect to the free 4 public education of children in the State. In determining the 5 amount specified in clause (1) of the preceding sentence 6 for any local educational agency, the Commissioner shall 7 consult with such agency and the appropriate State educa8 tional agency and shall consider the standard of education 9 of school systems in such State which are generally compa10 rable to the school system of such local agency and of such systems in such State or in other States whose school pupils 12 in such school district have attended or may attend.

11

13

"(c) Notwithstanding any other provision of this sec14 tion, the current expenditures determined by the Commis15 sioner to be necessary to provide a reasonable standard of 16 free public education in the school district of a local educa17 tional agency calculated on a per pupil basis

"(1) shall be not less than 85 per centum of the greater of (A) the average per pupil expenditure in the State in which such agency is situated or (B) the

average per pupil expenditure in the United States; and

"(2) shall not exceed by more than 25 per centum the greater of such State average or such national

average.

"(d) For the purpose of this section the average per

46-219 O 70-2

9

1 pupil expenditure in a State and in the United States shall

2 be determined in accordance with section 12 (c) (3).

3 "SUDDEN AND SUBSTANTIAL INCREASES AND DECREASES

4

5

IN ATTENDANCE

"SEC. 14. (a) Upon a determination by the Commis

6 sioner, after consultation with the affected State and local

7 educational agencies—

"(1) that an increase in the adjusted number of

Federal impact pupils of a local educational agency in any fiscal year has increased the number of pupils in average daily attendance at such schools in such fiscal year by an amount equal to not less than 10 per centum

of the number of pupils in average daily attendance at such schools during the preceding fiscal year; and'I "(2) that such agency is making a reasonable tax effort and is exercising due diligence in availing itself of State and other financial assistance but is unable to

15

16

17

18

19

secure sufficient funds to meet the increased educational costs involved,

?

20 then such agency shall be eligible to receive from the Com21 missioner for such fiscal year an amount not in excess of 22 the product of—

"(A) the number of pupils in average daily attendance which the Commissioner determines to be the increase in such year above the number of pupils in aver

2

10

age daily attendance during the preceding fiscal year,

such number to be adjusted as required by section 11 3 with respect to Federal impact pupils; and

4

-5

16

7

9

"(B) the amount which the Commissioner determines to be the current expenditures per pupil neces

sary to provide free public education to such additional

pupils during such year, reduced by an amount per pupil which the Commissioner determines to be available from

State, local, and Federal sources for such purpose (in10 g cluding payments under this Act).

11(b) Upon a determination of the Commissioner—

12.

"(1) that a local educational agency has made 1390 preparations to provide free public education during a 14 fiscal year for a certain number of Federal impact pupils; "(2) that such preparations were in his judgment 16reasonable in the light of the information available to

15

』*

such agency at the time such preparations were made; and

"(3) that such number has been substantially reduced by reason of a decrease in or cessation of Federal

activities or an expected increase has not materialized

by reason of a failure of any such activities to occur,

the amount for which such agency is otherwise eligible under

section 12 or 13, or pursuant to subsection (a) of this sec

tion, for such fiscal year shall be increased to the amount for

11

1 which, in the judgment of the Commissioner, such agency 2 would have been eligible but for such decrease in or cessation 3 of Federal activities or the failure of such activities to occur, 4 minus any reduction in current expenditures for such fiscal 5 year which the Commissioner determines that such agency 6 has effected, or reasonably should have effected, by reason of 7 such decrease in or cessation of Federal activities or the fail8 ure of such activities to occur".

9

SEC. 3. Section 15 of such title (as redesignated by sec

10 tion 2 (1) of this Act) is amended

11

12

13

14

15

16

17

18

19

20

21

222

(1) by striking out subsection (c) and paragraph (2) of subsection (d);

(2) in subsection (a), (A) by striking out "section 2, 3, or 4 of" and (B) by striking out "title" where it appears and inserting in lieu thereof "part";

(3) in subsection (b), (A) by striking out "subsection (C)" and inserting in lieu thereof "section 17", and (B) by striking out "title" where it appears and inserting in lieu thereof "part";

(4) by inserting after subsection (b) the following new subsection:

"(c) The determinations whether a local educational

23 agency has met the requirements of section 12, 13, or 14 for

24 any fiscal year shall be made on the basis of estimates by