A local educational agency is eligible to receive additional assistance under this subpart only if such agency—
(1) received a payment under both section 7702 of this title and section 7703(b) of this title for fiscal year 1996 and is eligible to receive payments under those sections for the year of application;
(2) provided a free public education to children described under subparagraph (A), (B), or (D) of section 7703(a)(1) of this title;
(3) had a military installation located within the geographic boundaries of the local educational agency that was closed as a result of base closure or realignment and, at the time at which the agency is applying for a payment under this subpart, the agency does not have a military installation located within its geographic boundaries;
(4) remains responsible for the free public education of children residing in housing located on Federal property within the boundaries of the closed military installation but whose parents are on active duty in the uniformed services and assigned to a military activity located within the boundaries of an adjoining local educational agency; and
(5) demonstrates to the satisfaction of the Secretary that such agency's per-pupil revenue derived from local sources for current expenditures is not less than that revenue for the preceding fiscal year.
(Pub. L. 89–10, title V, §5602, as added Pub. L. 107–110, title V, §501, Jan. 8, 2002, 115 Stat. 1866.)
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