(II) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 1.5; (III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.0; (IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 2.5; and (V) the number of such children in excess of 35,514 in such population, multiplied by 3.0. (2) STATES WITH AN EQUITY FACTOR GREATER THAN OR EQUAL TO .10 AND LESS THAN .20.-In States with an equity factor greater than or equal to .10 and less than .20, the weighted child counts referred to in subsection (d) shall be calculated as follows: (A) WEIGHTS FOR ALLOCATIONS TO COUNTIES. (i) IN GENERAL.-For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used to determine a county's allocation under this section is the larger of the two amounts determined under clauses (ii) and (iii). (ii) BY PERCENTAGE OF CHILDREN.-The amount referred to in clause (i) is determined by adding— (I) the number of children determined under section 1124(c) for that county who constitute not more than 15.00 percent, inclusive, of the county's total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 1.5; (III) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 3.0; (IV) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 4.5; and (V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 6.0. (iii) BY NUMBER OF CHILDREN.-The amount referred to in clause (i) is determined by adding (I) the number of children determined under section 1124(c) who constitute not more than 2,311, inclusive, of the county's total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 1.5; (III) the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 2.25; (IV) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 3.375; and (V) the number of such children in excess of 93,811 in such population, multiplied by 4.5. (B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES. (i) IN GENERAL.-For each fiscal year for which the Secretary uses local educational agency data, the weighted child count used to determine a local educational agency's grant under this section is the larger of the two amounts determined under clauses (ii) and (iii). (ii) BY PERCENTAGE OF CHILDREN.-The amount referred to in clause (i) is determined by adding (I) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 1.5; (III) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 3.0; (IV) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 4.5; and (V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 6.0. (iii) BY NUMBER OF CHILDREN.-The amount referred to in clause (i) is determined by adding (I) the number of children determined under section 1124(c) who constitute not more than 691, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 1.5; (III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 2.25; (IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 3.375; and (V) the number of such children in excess of 35,514 in such population, multiplied by 4.5. (3) STATES WITH AN EQUITY FACTOR GREATER THAN OR EQUAL TO .20.-In States with an equity factor greater than or equal to .20, the weighted child counts referred to in subsection (d) shall be calculated as follows: (A) WEIGHTS FOR ALLOCATIONS TO COUNTIES. (i) IN GENERAL.-For each fiscal year for which the Secretary uses county population data to calculate grants, the weighted child count used to determine a county's allocation under this section is the larger of the two amounts determined under clauses (ii) and (iii). (ii) BY PERCENTAGE OF CHILDREN.—-The amount referred to in clause (i) is determined by adding (I) the number of children determined under section 1124(c) for that county who constitute not more than 15.00 percent, inclusive, of the county's total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children who constitute more than 15.00 percent, but not more than 19.00 percent, of such population, multiplied by 2.0; (III) the number of such children who constitute more than 19.00 percent, but not more than 24.20 percent, of such population, multiplied by 4.0; (IV) the number of such children who constitute more than 24.20 percent, but not more than 29.20 percent, of such population, multiplied by 6.0; and (V) the number of such children who constitute more than 29.20 percent of such population, multiplied by 8.0. (iii) BY NUMBER OF CHILDREN.-The amount referred to in clause (i) is determined by adding (I) the number of children determined under section 1124(c) who constitute not more than 2,311, inclusive, of the county's total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children between 2,312 and 7,913, inclusive, in such population, multiplied by 2.0; (III) the number of such children between 7,914 and 23,917, inclusive, in such population, multiplied by 3.0; (IV) the number of such children between 23,918 and 93,810, inclusive, in such population, multiplied by 4.5; and (V) the number of such children in excess of 93,811 in such population, multiplied by 6.0. (B) WEIGHTS FOR ALLOCATIONS TO LOCAL EDUCATIONAL AGENCIES. (i) IN GENERAL.-For each fiscal year for which the Secretary uses local educational agency data, the weighted child count used to determine a local edu cational agency's grant under this section is the larger of the two amounts determined under clauses (ii) and (iii). (ii) BY PERCENTAGE OF CHILDREN.-The amount referred to in clause (i) is determined by adding (I) the number of children determined under section 1124(c) for that local educational agency who constitute not more than 15.58 percent, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children who constitute more than 15.58 percent, but not more than 22.11 percent, of such population, multiplied by 2.0; (III) the number of such children who constitute more than 22.11 percent, but not more than 30.16 percent, of such population, multiplied by 4.0: (IV) the number of such children who constitute more than 30.16 percent, but not more than 38.24 percent, of such population, multiplied by 6.0; and (V) the number of such children who constitute more than 38.24 percent of such population, multiplied by 8.0. (iii) BY NUMBER OF CHILDREN.-The amount referred to in clause (i) is determined by adding (I) the number of children determined under section 1124(c) who constitute not more than 691, inclusive, of the agency's total population aged 5 to 17, inclusive, multiplied by 1.0; (II) the number of such children between 692 and 2,262, inclusive, in such population, multiplied by 2.0; (III) the number of such children between 2,263 and 7,851, inclusive, in such population, multiplied by 3.0; (IV) the number of such children between 7,852 and 35,514, inclusive, in such population, multiplied by 4.5; and (V) the number of such children in excess of 35,514 in such population, multiplied by 6.0. (e) MAINTENANCE OF EFFORT. (1) IN GENERAL.-Except as provided in paragraph (2), a State is entitled to receive its full allotment of funds under this section for any fiscal year if the Secretary finds that either the combined fiscal effort per student or the aggregate expenditures within the State with respect to the provision of free public education for the fiscal year preceding the fiscal year for which the determination is made was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the second fiscal year preceding the fiscal year for which the determination is made. (2) REDUCTION OF FUNDS.-The Secretary shall reduce the amount of funds awarded to any State under this section in any fiscal year in the exact proportion to which the State fails to meet the requirements of paragraph (1) by falling below 90 percent of both the fiscal effort per student and aggregate expenditures (using the measure most favorable to the State), and no such lesser amount shall be used for computing the effort required under paragraph (1) for subsequent years. (3) WAIVERS.-The Secretary may waive, for 1 fiscal year only, the requirements of this subsection if the Secretary determines that such a waiver would be equitable due to exceptional or uncontrollable circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the State. (f) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2002 and for each of the 5 succeeding fiscal years. (g) ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS.- (2) ADDITIONAL FUNDS.-If additional funds become available for making payments under this section for such fiscal year, allocations that were reduced under paragraph (1) shall be increased on the same basis as they were reduced. (3) HOLD-HARMLESS AMOUNTS.-For each fiscal year, if sufficient funds are available, the amount made available to each local educational agency under this section shall be (A) not less than 95 percent of the amount made available for the preceding fiscal year if the number of children counted for grants under section 1124 is not less than 30 percent of the total number of children aged 5 to 17 years, inclusive, in the local educational agency; (B) not less than 90 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is between 15 percent and 30 percent; and (C) not less than 85 percent of the amount made available for the preceding fiscal year if the percentage described in subparagraph (A) is below 15 percent. (4) APPLICABILITY.-Notwithstanding any other provision of law, the Secretary shall not take into consideration the holdharmless provisions of this subsection for any fiscal year for purposes of calculating State or local allocations for the fiscal year under any program administered by the Secretary other than a program authorized under this part. SEC. 1126. [20 U.S.C. 6338] SPECIAL ALLOCATION PROCEDURES. (a) ALLOCATIONS FOR NEGLECTED CHILDREN.— (1) IN GENERAL.-If a State educational agency determines that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children. who are living in institutions for neglected children as de |