377 
‘‘(aa) has an enrollment of 
children described in subsection 
(a)(1) including, for purposes of 
determining eligibility, those chil-
dren described in subparagraphs 
(F) and (G) of such subsection, 
that is not less than 35 percent of 
the total student enrollment of the 
agency; and 
‘‘(bb) was eligible to receive 
assistance 
under 
subparagraph 
(A) for fiscal year 2001.’’; and 
(iii) in clause (ii)— 
(I) by striking ‘‘A heavily’’ and 
inserting the following: 
‘‘(I) IN
GENERAL.—Subject to 
subclause (II), a heavily’’; and 
(II) by adding at the end the fol-
lowing: 
‘‘(II) LOSS OF ELIGIBILITY DUE 
TO
FALLING
BELOW
PERCENT
OF 
THE AVERAGE TAX RATE FOR GENERAL 
FUND PURPOSES.—In a case of a heav-
ily impacted local educational agency 
that is eligible to receive a basic sup-
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378 
port payment under subparagraph (A), 
but that has had, for 2 consecutive fis-
cal years, a tax rate for general fund 
purposes that falls below 95 percent of 
the average tax rate for general fund 
purposes of comparable local edu-
cational agencies in the State, such 
agency shall be determined to be ineli-
gible under clause (i) and ineligible to 
receive a basic support payment under 
subparagraph (A) for each fiscal year 
succeeding such 2 consecutive fiscal 
years for which the agency has such a 
tax rate for general fund purposes, and 
until the fiscal year for which the 
agency resumes such eligibility in ac-
cordance with clause (iii).’’; 
(C) by striking subparagraph (C); 
(D) by redesignating subparagraphs (D) 
through (H) as subparagraphs (C) through (G), 
respectively; 
(E) in subparagraph (C) (as so redesig-
nated)— 
(i) in the heading, by striking ‘‘REG-
ULAR’’; 
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379 
(ii) by striking ‘‘Except as provided in 
subparagraph (E)’’ and inserting ‘‘Except 
as provided in subparagraph (D)’’; 
(iii) by amending subclause (I) of 
clause (ii) to read as follows: ‘‘ (I)(aa) For 
a local educational agency with respect to 
which 35 percent or more of the total stu-
dent enrollment of the schools of the agency 
are children described in subparagraph (D) 
or (E) (or a combination thereof) of sub-
section (a)(1), and that has an enrollment 
of children described in subparagraphs (A), 
(B), or (C) of such subsection equal to at 
least 10 percent of the agency’s total enroll-
ment, the Secretary shall calculate the 
weighted student units of those children de-
scribed in subparagraph (D) or (E) of such 
subsection by multiplying the number of 
such children by a factor of 0.55. 
‘‘(bb) Notwithstanding subitem (aa), a 
local educational agency that received a 
payment under this paragraph for fiscal 
year 2013 shall not be required to have an 
enrollment of children described in subpara-
graphs (A), (B), or (C) of subsection (a)(1) 
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380 
equal to at least 10 percent of the agency’s 
total enrollment.’’; and 
(iv) by amending subclause (III) of 
clause (ii) by striking ‘‘(B)(i)(II)(aa)’’ and 
inserting ‘‘subparagraph (B)(i)(I)’’; 
(F) in subparagraph (D)(i)(II) (as so redes-
ignated), by striking ‘‘6,000’’ and inserting 
‘‘5,500’’; 
(G) in subparagraph (E) (as so redesig-
nated)— 
(i) by striking ‘‘Secretary’’ and all 
that follows through ‘‘shall use’’ and insert-
ing ‘‘Secretary shall use’’; 
(ii) by striking ‘‘; and’’ and inserting 
a period; and 
(iii) by striking clause (ii); 
(H) in subparagraph (F) (as so redesig-
nated), 
by 
striking 
‘‘subparagraph 
(C)(i)(II)(bb)’’ and inserting ‘‘subparagraph 
(B)(i)(II)(bb)(BB)’’; 
(I) in subparagraph (G) (as so redesig-
nated)— 
(i) in clause (i)— 
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381 
(I) by striking ‘‘subparagraph 
(B), (C), (D), or (E)’’ and inserting 
‘‘subparagraph (B), (C), or (D)’’; 
(II) by striking ‘‘by reason of’’ 
and inserting ‘‘due to’’; 
(III) by inserting after ‘‘clause 
(iii)’’ the following ‘‘, or as the direct 
result of base realignment and closure 
or modularization as determined by 
the Secretary of Defense and force 
structure change or force relocation’’; 
and 
(IV) by inserting before the pe-
riod, the following: ‘‘or during such 
time as activities associated with base 
closure 
and 
realignment, 
modularization, force structure change, 
or force relocation are ongoing’’; and 
(ii) in clause (ii), by striking ‘‘(D) or 
(E)’’ each place it appears and inserting 
‘‘(C) or (D)’’; 
(4) in paragraph (3)— 
(A) in subparagraph (B)— 
(i) by amending clause (iii) to read as 
follows: 
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