(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 as are necessary to ensure that every
school">charter
school receives the Federal funding for which the
school">charter
school is eligible not later than 5 months after the
school">charter
school first opens, notwithstanding the fact that the identity and characteristics of the students enrolling in that
school">charter
school are not fully and completely determined until that
school">charter
school actually opens. The measures similarly shall ensure that every
school">charter
school expanding its enrollment in any subsequent year of operation receives the Federal funding for which the
school">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
school">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.
