text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/870

 92 STAT. 2150 ~

PUBLIC LAW 95-561—NOV. 1, 1978 Sec. 1009. Children for whom local agencies are unable to provide education. Sec. 1010. Prompt consideration for applications. Sec. 1011. Property owned by foreign governments and international organizations. Sec. 1012. Definition of local educational agency. Sec. 1013. Handicapped children. Sec. 1014. Use of average daily membership. Sec. 1015. Impact aid study. PAST B — P U B L I C LAW

Sec. Sec. Sec. Sec.

1021. 1022. 1023. 1024.

815

General extensions of Public Law 815. Determination of number of children. Construction arrangements. Disaster assistance. PAET C—GENERAL PROVISIONS

Sec. 1031. Northern Mariana Islands. Sec. 1032. Effective Date. TITLE XI—INDIAN EDUCATION PABT A—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES

Sec. 1101. Amendment to Public Law 874. Sec. 1102. Funding provision. Sec. 1103. Basic educational support. PABT B — B U B E A U OF INDIAN AFFAIBS PBOGBAMS

Sec. 1121. Standards for the basic education of Indian children in Bureau of Indian Affairs schools. Sec. 1122. National criteria for dormitory situations. • Sec. 1123. Regulations. Sec. 1124. Studies. Sec. 1125. Facilities construction. Sec. 1126. Bureau of Indian Affairs education functions. Sec. 1127. Implementation. Sec. 1128. Allotment formula. Sec. 1129. Uniform direct funding and supjwrt. Sec. 1130. Policy for Indian control of Indian education. Sec. 1131. Education personnel. Sec. 1132. Management information system. Sec. 1133. Bureau education policies. Sec. 1134. Uniform education procedures and practices.

Sec. 1135. Recruitment of Indian educators. Sec. 1136. Annual report. /. Sec. 1137. Rights of Indian students. Sec. 1138. Regulations. .. See. 1139. Definitions. PART C — I N D I A N EDUCATION PROVISIONS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1141. 1142. 1143. 1144. 1145. 1146. 1147. 1148. 1149. 1150.

Extension of authorization. Culturally related academic needs. • Demonstration projects. Parent committees. Allocation adjustment. r = Tribal schools. Definition study. Data collection. Program monitoring. Amendments to title X of the Elementary and Secondary Education Act of 1965. Sec. 1151. Definition of Indian. Sec. 1152. Teacher training and fellowships.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/871

 PUBLIC LAW 95-561—NOV. 1, 1978 TITLE XII—ADMINISTRATIVE PROVISIONS PABT A—^EQUALIZATION

Sec. 1201. Data collection. Sec. 1202. Equalization assistance. Sec. 1203. School finance. PABT B—PAPEBWOEK CONTROL

Sec. 1211. Short title. Sec. 1212. General Education Provisions Act amendment. Sec. 1213. Applications. PABT C—FEDERAL, STATE AND LOCAL RESPONSIBILITIES

Sec. 1231. State and local administration. Sec. 1232. Enforcement. PABT D—^GENERAL ADMINISTRATIVE PROVISIONS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1241. 1242. 1243. 1244. 1245. 1246. 1247. 1248. 1249. 1250.

Office of Non-Public Education. National assessment of educational progress. National Center for Education Statistics. General authority of administrative heads of education agencies. Availability of appropriations. Evaluation. Revievs^ of applications. Technical assistance; dissemination. Maintenance of effort. Protection of pupil rights. PABT E3—EFFECTIVE DATE

Sec. 1261. Effective Dates. TITLE XIII—REVISION OF OTIJER EDUCATION PROGRAMS PART A—ADULT EDUCATION

Sec. Sec. Sec. Sec. Sec. See. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

1301. 1302. 1303. 1304. 1305. 1306. 1307. 1308. 1309. 1310. 1311. 1312. 1313.

Statement of purpose. Definition of adult education. Grants to States. Northern Mariana Islands. State plans. Payments. Research, evaluation, and clearinghouse. Special projects for the elderly. National Advisory Council. Authorization of appropriations. Educational opportunities for adult Indians. Indochina refugees. Adult education program for immigrants. PABT B — H I G H E B EDUCATION

Sec. 1321. Teacher training programs. Sec. 1322. Amendment for advances for reserved funds of State loan insurance programs. Sec. 1323. Direct loans to students; conforming amendment. PABT C—INDOCHINESE REFUGEE CHILDBEN

Sec. 1331. Extension of program. PABT D—^EDUCATION OF THE HANDICAPPED

Sec. 1341. Technical amendment. PART B—GUIDANCE AND COUNSELING

Sec. 1351. Extension of program.

92 STAT. 2151

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/872

 92 STAT. 2152

PUBLIC LAW 95-561—NOV. 1, 1978 TITLE XIV—OVERSEAS DEFENSE DEPENDENTS' EDUCATION Sec. 1401. Sec. 1402. Sec. 1403. Sec. 1404. Sec. 1405. Sec. 1406. Sec. 1407. Sec. 1408. Sec. 1409. Sec. 1410. Sec. 1411. Sec. 1412. Sec. 1413. Sec. 1414. Sec. 1415.

Short title. Establishment of defense dependents' education system. Office of Dependents' Education. Tuition-paying students. Annual educational assessment School construction by the Director of Dependents' Education. School system for dependents in overseas areas. Eligibility for school lunch and breakfast programs. Allotment formula. School advisory committees. Advisory Council on Dependents' Education. Study of defense dependents'education system. ,:~ Regulations. ' Definitions. Effective dates.

,>. ,.i.

TITLE XV—MISCELLANEOUS PROVISIONS PAKT A—INTERNATIONAL YEAB OF THE CHILD

Sec. 1501. Sec. 1502. Sec. 1503. Sec. 1C04. Sec. 1505. See. 1506. Sec. 1507.

Declaration of purpose of the International Year of the Child. Establishment of a National Commission. Functions of the Commission. Coordination and administration. Waivers of certain other provisions of law. Termination date. Authorization of appropriations.

.,.

PART B—NATIONAL ACADEMY OF PEACE AND CONFLICT RESOLUTION

Sec. 1511. Sec. 1512, Sec. 1513. Sec. 3514. Sec. 1515. Sec. 1516. Sec. 1517. Sec. 1518. Sec. 1519.

Establishment. Duties of Commission. Membership. Director and staff of Commission; experts and consultants. Powers of Commission. Reports. Termination. Authorization of appropriations. . Definitions.

>.

PART C—MISCELLANEOUS AMENDMENTS; EFFECTIVE DATES

Sec. 1521. Sec. 1522. Sec. 1523. Sec. 1524. Sec. 1525. Sec. 1526. Sec. 1527. Sec. 1528. Sec. 1529. Sec. 1530.

Preparation of census data. Authorization of appropriations for racially isolated school districts. Availability of education reports. General assistance for the Virgin Islands. Territorial teacher training assistance. Study of evaluation practices and procedures. Television program assistance. Limitation on contracting authority. Repeal. General effective date.

TITLE I—AMENDMENT TO TITLE I O F THE ELEMENT A E Y AND SECONDARY EDUCATION ACT O F 1965 SPECIAL EDUCATIONAL PROGRAMS AND PROJECTS FOR EDUCATIONALLY DEPRIVED

CHILDREN

SEC. 101. (a) Title I of the Act entitled "An Act to strengthen and improve educational quality and educational opportunities in the Nation's elementary and secondary schools", approved April 11, 1965, as amended (Public Law 89-10, also known as the Elementary and 20use821 note. Secondary Education Act of 1965), is amended to read as follows:

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/873

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2153

" TITLE I—FINANCIAL ASSISTANCE TO M E E T SPECIAL EDUCATIONAL NEEDS O F CHILDREN a DECLARATION OF POLICY

"SEC. 101. In recognition of the special educational needs of chil- 20 USC 2701. dren of low-income families and the impact that concentrations of low-income families have on the ability of local educational agencies to support adequate educational programs, the Congress hereby declares it to be the policy of the United States to provide financial assistance (as set forth in the following parts of this title) to local educational agencies serving areas with concentrations of children from low-income families to expand and improve their educational programs by various means (including preschool programs) which contribute particularly to meeting the special educational needs of educationally deprived children. Further, in recognition of the special educational needs of children of certain migrant parents, of Indian children and of handicapped, neglected, and delinquent children, the Congress hereby declares it to be the policy of the United States to provide financial assistance (as set forth in the following parts of this title) to help meet the special educational needs of such children. "DURATION OF ASSISTANCE

"SEC. 102. During the period beginning October 1, 1978, and ending 20 USC 2702. September 30, 1983, the Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for grants made on the basis of entitlements created under this title. "PART A—PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

"Subpart 1—Basic Grants 'GRANTS—^AMOUNT AND ELIGIBILITY «^

111. (a) AMOUNT OF GRANTS.—(1) There is authorized to be appropriated for each fiscal year for the purpose of this paragraph 1 per centum of the amount appropriated for such year for payments to States under part E (other than payments under such part to jurisdictions excluded from the term 'State' by this subsection, and payments pursuant to section 156), and there is authorized to be appropriated such additional sums as will assure at least the same level of funding under this title as in fiscal year 1976 for Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and to the Secretary of the Interior for payments pursuant to paragraphs (1) and (2) of subsection (d). The amount appropriated pursuant to this paragraph shall be allotted by the Commissioner (A) among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands according to their respective need for grants under this part, and (B) to the Secretary of the Interior in the amount necessary (i) to make payments pursuant to paragraph (1) of subsection (d),and (ii) to make payments pursuant to paragraph (2) of subsection (d). The grant which a local educational agency in Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust "SEC.

Appropriation authorization, ^^ ^^^ 2711. Post, p. 2195. Post, p. 2182.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/874

 92 STAT. 2154

PUBLIC LAW 95-561—NOV. 1, 1978

Territory of the Pacific Islands is eligible to receive shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purpose of this title. "(2)(A) In any case in which the Commissioner determines that satisfactory data for that purpose are available, the grant which a local educational agency in a State is eligible to receive under this subpart for a fiscal year shall (except as provided in paragraph (3) be determined by multiplying the number of children counted under subsection (c) by 40 per centum of the amount determined under the next sentence. The amount determined under this sentence shall be the average per pupil expenditure in the State except that (i) if the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, such amount shall be 80 per centum of the average per pupil expenditure in the United States, or (ii) if the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, such amount shall be 120 per centum of the average per pupil expenditure in the United States. "(B) In any case in which such data are not available, subject to paragraph (3), the grant for any local educational agency in a State shall be determined on the basis of the aggregate amount of such grants for all such agencies in the county or counties in which the school district of the particular agency is located, which aggregate amount shall be equal to the aggregate amount determined under subparagraph (A) for such county or counties, and shall be allocated among those agencies upon such equitable basis as may be determined by the State educational agency in accordance with the basic criteria prescribed by the Commissioner. Grants for Puerto "(C) For each fiscal year, the Commissioner shall determine the ^^' percentage which the average per pupil expenditure in Puerto Rico is of the lowest average per pupil expenditure of any of the fifty States. The grant which Puerto Rico shall be eligible to receive under this subpart for a fiscal year (exclusive of any amount received under paragraph (3)(D) shall be the amount arrived at by multiplying the number of children counted under subsection (c) for Puerto Rico by the product of— "(i) the percentage determined under the preceding sentence, and "(ii) 32 per centum of the average per pupil expenditure in the United States. '^- • 5 "(3)(A) Upon determination by the State educational agency that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children described in clause (C) of paragraph (1) of subsection (c), who are living in institutions for neglected or delinquent children, the State educational agency shall, if it assumes responsibility for the special educational needs of such children, be eligible to receive the portion of the allocation to such local educational agency which is attributable to such neglected or delinquent children, but if the State educational agency does not assume such responsibility, any other State or local public agency, as determined by regulations established by the Commissioner, which does assume such responsibility shall be eligible to receive such portion of the allocation. "(B) In the case of local educational agencies which serve in whole or in part the same geographical area, and in the case of a local educa-

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/875

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2155

tional agency which provides free public education for a substantial number of children who reside in the school district of another local educational agency, the State educational agency may allocate the amount of the grants for those agencies among them in such manner as it determines will best carry out the purposes of this title. "(C) In any State in which a large number of local educational agencies overlap county boundaries, the State educational agency may apply to the Commissioner for authority during any particular fiscal year to make the allocations under this part (other than section 117) directly to local educational agencies without regard to the counties. If the Commissioner approves an application of a State educational agency for a particular year under this subparagraph, the State educational agency shall provide assurances that such allocations will be made using precisely the same factors for determining a grant as are used under this part and that a procedure will be established through which local educational agencies dissatisfied with the determinations made by the State educational agency may appeal directly to the Commissioner for a final determination. "(D)(i) From one-half of any amount made available for this subpart for any fiscal year in excess of the amount made available for this subpart for fiscal year 1979, there shall be alloted to each State an amount which bears the same ratio to such excess as the product of— " (I) the number of children in such State aged five to seventeen, inclusive, from families below 50 per centum of the median national income for four-person families from the 1975 survey of income and education conducted by the Bureau of the Census, multiplied by— " ( II) 40 per centum of the amount determined under the second sentence of pra^raph (2)(A) and, in the case of Puerto Eicol the product determmed under subparagraph (C)(i) and (ii) of this paragraph, bears to the sum of such products for all the States. "(ii) In any case in which the Commissioner finds that a State's percentage decrease in children from low-income families exceeds 25 per centum between the 1970 decennial census, as adjusted, and the 1975 survey of income and education, the Commissioner shall allocate funds based on the most current valid data available or based on a resurvey of the affected State by the Bureau of the Census. "(iii) From the amount allotted to each State under division (i), the amount which each local educational agency in that State shall be eligible to receive under this subparagraph shall be an amount which bears the same ratio to the total amount allotted to such State under this subparagraph as the amount such local educational agency receives under paragraph (2) bears to the total amount of funds made available to local educational agencies in such State under such paragraph. " (E) From the remaining one-half of any amount made available for this subpart for any fiscal year in excess of the amount made available for this subpart for fiscal year 1979 after the application of subparagraph (D), there shall be allotted to each State an amount determined in accordance with paragraph (2) of this subsection. "(4) For purposes of this subsection, the term 'State' does not include Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust T e r r i to ^ of the Pacific Islands. "(b) MINIMUM NUMBER OF CHILDREN To QUALIFY.—A local educational agency shall be eligible for a basic grant for a fiscal year under

^

p

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/876

 92 STAT. 2156

PUBLIC LAW 95-561—NOV. 1, 1978 this subpart only if it meets the following requirements with respect to the number of children counted under subsection (c): "(1) In any case (except as provided in paragraph (3)) in which the Commissioner determines that satisfactory data tor the purpose of this subsection as to the number of such children are available on a school district basis, the number of such children in the school district of such local educational agency shall be at least ten. "(2) In any other case, except as provided in paragraph (3), the number of such children in the county which includes such local educational agency's school district shall be at least ten. "(3) In any case in which a county includes a part of the school district of the local educational agency concerned and the Commissioner has not determined that satisfactory data for the purpose of this subsection are available on a school district basis for all the local educational agencies or all the counties into which the school district of the local educational agency concerned extends, the eligibility requirement with respect to the number of such children for such local educational agency shall be determined in accordance with regulations prescribed by the Commissioner for the purposes of this sulDsection. "(c) CHILDREN To B E COUNTED.— (1)(A) The number of children to be counted for purposes of this section, other than for subsection (a)(3)(D), is the aggregate of— " (i) the number of children aged five to seventeen, inclusive, in the school district of the local educational agency from families below the poverty level as determined under paragraph (2)(A), " (ii) the number of children aged five to seventeen, inclusive, in the school district of such agency from families above the poverty level as determined under paragraph (2)(B), subject to subparagraph (B) of this paragraph, and "(iii) the number of children aged five to seventeen, inclusive, in the school district of such agency living in institutions for neglected or delinquent children (other than such institutions operated by the United States) but not counted pursuant to subpart 3 of part B for the purposes of a grant to a State agency, or being supported in foster homes with public funds. "(B) For the purpose of division (ii) of subparagraph (A) of this paragraph the number of children aged five through seventeen, inclusive, in the school district of such agency from families above the poverty level as determined under paragraph (2)(B) shall be reduced by one-third for fiscal year 1979; except that such reduction shall not be applicable with respect to determinations made under section 117(b) of the number of children to be counted under this subsection. "(2)(A) For the purposes of this section, the Commissioner shall determine the number of children aged five to seventeen, inclusive, from families below the poverty level on the basis of the most recent satisfactory data available from the Department of Commerce for local educational agencies (or, if such data are not available for such agencies, for counties); and in determining the families which are below the poverty level, the Commissioner shall utilize the criteria of poverty used by the Bureau of the Census in compiling the 1970 decennial census. "(B) For purposes of this section, the Secretary shall determine the number of children aged five to seventeen, inclusive, from families above the poverty level on the basis of the number of such children from families receiving an annual income, in excess of the current cri-

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/877

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2157

teria of poverty, from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act; and in making such determinations the Sec- 42 USC 601. retary shall utilize the criteria of poverty used by the Bureau of the Census in compiling the 1970 decennial census for a nonfarm family of four in such form as those criteria have been updated by increases in the Consumer Price Index. The Secretary shall determine the number of such children and the number of children of such ages living in institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the caseload data for the month of October of the preceding fiscal year (using, in the case of children described in the preceding sentence, the criteria of poverty and the form of such criteria required by such sentence which were determined for the calendar year preceding such month of October) or, to the extent that such data are not available to him before January of the calendar year in which the Secretary's determination is made, then on the basis of the most recent reliable data available to him at the time of such determination. "(C) When requested by the Commissioner, the Secretary of Commerce shall make a special estimate of the number of children of such ages who are from families below the poverty level (as determined under subparagraph (A) of this paragraph) in each county or school district, and the Commissioner is authorized to pay (either in advance or by way of reimbursement) the Secretary of Commerce the cost of making this special estimate. The Secretary of Commerce shall give consideration to any request of the chief executive of a State for the collection of additional census information. For purposes of this section, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children. "(d) PROGRAM FOR INDIAN CHILDREN.—(1) From the amount allotted for payments to the Secretary of Interior under clause (B)(i) in the second sentence of subsection (a)(1), the Secretary of the Interior shall make payments to local educational agencies, upon such terms as the Commissioner determines will best carry out the purposes of this title with respect to out-of-State Indian children in the elementary and secondary schools of such agencies under special contracts with the Department of the Interior. The amount of such payment may not exceed, for each such child, 40 per centum of (A) the average per pupil expenditure in the State in which the agency is located or (B) 120 per centum of such expenditure in the United States, whichever is the greater. " (2) The amount allotted for payments to the Secretary of the Interior under clause (B) (ii) in the second sentence of subsection (a)(1) for any fiscal year shall be, as determined pursuant to criteria established by the Commissioner the amount necessary to meet the special educational needs of educationally deprived Indian children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior. Such payment shall Agreement, be made pursuant to an agreement between the Commissioner and the Secretary containing such assurances and terms as the Commissioner determines will best achieve the purposes of this title. Such agreement shall contain (A) an assurance that payments made pursuant to this subparagraph will be used solely for programs and projects approved by the Secretary of the Interior which meet the applicable requirements of subpart 3 of this part and that the Department of the Inte-

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/878

 92 STAT. 2158

Post, pp. 2161, 2187.

PUBLIC LAW 95-561—NOV. 1, 1978 rior will comply in all other respects with the requirements of this title, and (B) provision for carrying out the applicable provisions of subpart 3 of this part and sections 171 and 172. "TREATMENT or EARNINGS FOR PURPOSES or Am TO FAMILIES WITH DEPENDENT CHILDREN

20 USC 2712. 42 USC 601. 42 USC 602.

"SEC. 112. Notwithstanding the provisions of title IV of the Social Security Act, a State plan approved under section 402 of such Act shall provide that for a period of not less than twelve months, and may provide that for a period of not more than twenty-four months, the first $85 earned by any person in any month for services rendered to any program assisted under this title of this Act shall not be regarded (1) in determining the need of such person under such approved State plan or (2) in determining the need for any other individual under such approved State plan. "Subpart 2—Special Grants " S P E C I A L INCENTIVE GRANTS

20 USC 2721.

'

" S E C 116. (a) ELIGIBILITY.—(1) Each local educational agency that is eligible to receive a payment under section 111 for any fiscal year shall be entitled to an additional grant under this section for that fiscal year if it is located in a State which has in effect for that fiscal year a State program meeting the requirements of paragraph (2) under which financial assistance is provided to meet the special education needs of educationally deprived children. "(2) A State program meets the requirements of this subsection if, under State law— "(A) the program meets the requirements of section 131(c); and "(B) not less than 50 per centum of the funds expanded under the program in any school district of any local educational agency in the State in the fiscal year preceding any fiscal year in which the State receives a payment under this subpart is expended in school attendance areas of such agencies having high concentrations of children from low-income families. "(b) AMOUNT or GRANTS.—(1) Except as provided in paragraph (3), the aggregate amount to which the local educational agencies in a State are entitled under this section for any fiscal year shall be 50 per centum of the amount of State funds expended, in the most recent fiscal year for which data are available, under a State program meeting the requirements of paragraph (2) of subsection (a) of this section. " (2) The amount of the additional grant for each local educational agency in a State under this section for any fiscal year shall bear the same ratio to the amount allocated to such State under subsection (o) of this section as the amount allocated to such local educational agency under section 111 of this title for such fiscal year bears to the aggregate amount allocated to all local educational agencies in the State under section 111 for such fiscal year, "(3) The aggregate amount which the local educational agencies in a State shall be eligible to receive under this section for any fiscal year shall not exceed 10 per centum of the aggregate amount which all local

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/879

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2 1 5 9

educational agencies i n such State are eligible to receive under section 111 of this title for such fiscal year. " (4) E a c h State which desires to receive payments under this section shall develop a system for determining the data required by subparagraph (2)(B) of subsection (a) of this section relating to the percentage of State funds expended in school attendance areas having high concentrations of children from low-income families and required by paragraph (1) of this subsection relating to the amount of State funds expended under the State program referred to in that paragraph. The State shall submit to the Commissioner such information Information, submittal to as the Commissioner may request concerning that system. " (c) P A Y M E N T S; U S E OF F U N D S. — (1) E x c e p t as provided in p a r a -

Commissioner.

g r a p h (3), the Commissioner shall p a y to each State for each fiscal year the aggregate amount to which the local educational agencies in such State are entitled under subsection (b) after any ratable reductions under subsection (d). " (2) The total amount to which the local educational agencies in a State are entitled under this section for any fiscal year shall be added to the amount paid to such State under section 191 for such year. From Post, p. 2195. the amount paid to i t under this subsection, the State shall distribute to each local educational agency of the State the amount of its additional g r a n t as determined under subsection (b)(2). " (3) Whenever the expenditures made by a State in accordance with subsection (a) in a fiscal year equal or exceed expenditures in the preceding fiscal year, the amount paid to such State under this section shall, subject to subsection (d), not be less than the amount paid to such State under this section in the preceding fiscal year, and the total of any increases required under this paragraph shall be derived by proportionately reducing the amount paid to States which were not entitled to a payment under this section in the preceding fiscal year, except that the amount paid to a State under this section for any fiscal year shall not exceed the maximum amount to which such State is entitled for such fiscal year under paragraph (1) of subsection (b). " (4) The amount paid to a local educational agency under this part shall be used by such agency for activities undertaken pursuant to its application submitted under section 121 and shall be subject to all other requirements in subpart 3 of this part. " (d) EATABLE REDUCTIONS.—If the sums a p p r o p r i a t e d pursuant to

subsection (e) for a fiscal year are not sufficient to p a y in full the total amounts which all local educational agencies are entitled to receive under this section, the amount to be paid such agencies shall be ratably reduced to the extent necessary to b r i n g such payments within the limits of the amounts so appropriated. I n case additional funds become available for making payments under this section for that year, such reduced amounts shall be increased on the same basis that they were reduced. " (e) APPROPRIATIONS.—There are authorized to be appropriated for the purposes of this section such sums as may be necessary for fiscal year 1980 and for the three succeeding fiscal years. "GRANTS FOR LOCAL, EDUCATIONAL AGENCIES I N COUNTIES W I T H ESPECIALLY H I G H CONCENTRATIONS OF CHILDREN FROM LOW-INCOME FAMILIES

" SEC. I l f 7 (a) PURPOSE.—It is the purpose of this section to provide 20 USC 2722. additional assistance to local educational agencies in counties with

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/880

 92 STAT. 2160

PUBLIC LAW 95-561—NOV. 1, 1978 especially high concentrations of children from low-income families to enable local educational agencies in such counties to provide more effective programs of instruction, especially in the basic skills of reading, writing, and mathematics, to meet the special educational needs of educationally deprived children. "(b)

ELIGIBILITY FOR AND A M O U N T OF SPKCIAL G R A N T S. — (1)

P^ach

county, in a State other than Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands, which is eligible for a g r a n t under this title for any fiscal year shall be entitled to an additional g r a n t under this section for that fiscal year if— " (A) the number of children counted under section 111(c) of this title for local educational agemnos in such county for the pre; ceding fiscal year exceeds five thousand, or " (B) the number of children counted under section 111(c) exceeds 20 per centum of the total number of children aged five to seventeen, inclusive, in the school districts of local educational agencies in such county in that fiscal year, except that no such State shall receive less than one-quarter of 1 per centum of the sums appropriated under subsection (d) for such section for such fiscal year. " (2) For each county in which there are local educational agencies eligible to receive an additional grant under this section for any fiscal year the Commissioner shall determine the product of— " (A) the number of children in excess of five thousand counted under section 111(c) for the preceding fiscal year or the number of children counted under that section in excess of 20 per centum of the total number of children aged five to seventeen, inclusive, in the school districts of local educational agencies in such county for that preceding fiscal year, whichever is greater, and " (B) the quotient resulting from the division of the amount determined for those agencies under section 1 1 1 (a)(2) of this title for the fiscal year for which the determination is being made divided by the total number of children counted under section 111 (c) for that agency for the preceding fiscal year. " (3) The amount of the additional grant to which an eligible county is entitled under this section for any fiscal year shall be an amount which bears the same ratio to the amount appropriated under subsection (d) for that fiscal year as the product determined under paragraph (2) for such county for that fiscal year bears to the sum of such products for all counties in the United States for that fiscal year. " (4) For the purposes of this section, the Commissioner shall determine the number of children counted under section 111(c) for any county, and the total number of children aged five to seventeen, inclusive, in school districts of local educational agencies in such county, on the basis of the most recent satisfactory data available at the time the entitlement for such county is determined under section 111. " (5) Funds allocated to counties under this part shall be allocated by the State educational agency, pursuant to regulations established by the Commissioner, among the several local educational agencies whose school districts lie (in whole or in part) within the county on the basis of the current distribution in the county of children aged five to seventeen, inclusive, from low-income families (using a poverty level selected by the State educational agency consistent with

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/881

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2161

the purposes of this title) as determined on the basis of the available data which such State educational agency determines best to reflect the current distribution in the county of children aged five to seventeen, inclusive, from low-income families, except that in determining the number of such children in any local educational agency in which less than 20 per centum of the children are from low-income families, each such child shall be counted as a fraction in which the numerator is the percentage of low-income children in the school district of that agency and the denominator is 20. "(c) PAYMENTS; USE or FUNDS.— (1) The total amount to which the counties in a State are entitled under this section for any fiscal year shall be added to the amount paid to that State under section 191 for Post, p. 2195. such year. From the amount paid to it under this section, the State shall distribute to local educational agencies in each county of the State the amount (if any) to which it is entitled under this section. "(2) The amount paid to a local educational agency under this section shall be used by that agency for activities undertaken pursuant to its application submitted under section 121 and shall be subject to the other requirements in subpart 3 of this part. "(d) APPROPRIATIONS.—There are authorized to be appropriated for the purposes of this section $400,000,000 for fiscal year 1979, and such sums as may be necessary for each of the four succeeding fiscal years. "Subpart 3—Program Kequirements and Applications 'LOCAL PROGRAM APPLICATION

" T

"SEC. 121; A local educational agency ma^ receive a grant under 20 USC 2731. this title for any fiscal year if it has on file with the State educational agency a current application, approved by the State educational agency, describing the programs and projects to be conducted with assistance provided under this title for a period of not to exceed three fiscal years, including the fiscal year for which the grant is to be made. Such an application may be amended at any time to describe changes in or additions to the activities originally set forth in the application. An application or amendment thereto shall be approved by the State educational agency upon its determination that the application provides for the use of such funds in a manner which meets the requirements of this subpart and is consistent with the assurances contained in the general application required by section 436 of the General Education Provisions Act, subject to such basic criteria as 20 USC 1232e. the Commissioner may prescribe. a DESIGNATING SCHOOL ATTENDANCE AREAS

122. (a) GENERAL PROVISIONS.— (1) Except as provided in 20 USC 2732. paragraph (2) and subsections (b), (c), (d), and (e) of this section, a local educational agency shall use funds received under this title in school attendance areas having high concentrations of children from low-income families (hereinafter referred to as 'eligible school attendance areas'), and where funds under this title are insufficent to provide programs and projects for all educationally deprived children in eligible school attendance areas, a local educational agency shall annually rank its eligible school attendance areas from highest to lowest, according to relative degree of concentration of children "SEC.

39-194 O—80—pt. 2

56: QL3

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/882

 92 STAT. 2162

PUBLIC LAW 95-561—NOV. 1, 1978

from low-income families. A local educational agency may carry on a program or project assisted under this title in an eligible school attendance area only if it also carries on such program or project in all other eligible school attendance areas which are ranked higher under the first sentence. A local educational agency may designate any school attendance area in which at least 25 per centum of the children are from low-income families as an eligible school attendance area if the aggregate amount expended under this title and under a State program meeting the requirements of section 131(c) in that fiscal year in each school attendance area of that agency in which projects assisted under this title were carried out in the preceding
 * 5;.; ' fiscal year equals or exceeds the amount expended from those sources

in that area in such preceding fiscal year. The same measure of low income, which shall be chosen by the local educational agency and which may be a composite of several indicators, shall be used with respect to all such areas, both to identify the areas having high concentrations of children from low-income families and to determine the ranking of each area. "(2)(A) Notwithstanding the provisions of paragraph (1), in the selection of eligible school attendance areas, a local educational agency may, subject to the requirements of subparagraph (B), choose to rank all its school attendance areas as provided in paragraph (1) and also rank all its school attendance areas according to educational deprivation, and then serve all its school attendance areas ranked according to paragraph (1) in the order of their ranking under such paragraph unless another school attendance area ranked according to education deprivation has a substantially greater number or a substantially greater percentage of educationally deprived children, in which case such school attendance area may be served before service is provided to other school attendance areas ranked pursuant to paragraph (1) which have a substantially smaller number or substantially smaller percentage of educationally deprived children. In the event that a local educational agency chooses to exercise the option provided under this paragraph, it shall not serve any more school attendance areas than the number identified pursuant to paragraph (1). "(B) Any local educational agency desiring to use the alternative ranking system described in subparagraph (A) shall, with the consent of the districtwide parent advisory council of that agency, apply for permission to use such system to the State educational agency of the State wherein such local educational agency is located. Such application shall be approved by such State educational agency only if such State educational agency finds that the use of such alternative ranking system will not substantially impair the delivery of compensatory education services to educationally deprived children from low-income families in project areas served by such local educational agency. Whenever a school district exercises the option •'*''* under this paragraph and actually serves one or more school attendance areas ranked under this paragraph, none of the areas so ranked but not served shall be considered to be eligible school attendance areas under this title. "(b) USE or ENROLLMENT DATA IN CERTAIN SCHOOLS.—^A local educational agency may use funds received under this title for educationally deprived children who are in a school of such agency which is not located in an eligible school attendance area, but at which the proportion of children in actual average daily attendance who are

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/883

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2163

from low-income families is substantially the same as the proportion of such children in such an area of that agency (hereinafter referred to as an 'eligible school'). " (c) CoNTiNUA'nox o r ELIGIBILITY FOR CERTAIN SCHOOL A T T E N D -

ANCE AREAS OR SCHOOLS.—xAn eligible school attendance area or an eligible school may be designated a project area under subsection (a) or a project school under subsection (b) for a fiscal year, even though it does not qualify under such subsections for that fiscal year, if such area or school was so designated in either of the two preceding fiscal years. " (d) LOWER R A N K E D SCHOOL ATTENDANCE AREAS OR SCHOOLS H A VI N G SUBSTANTIALLY GREATER INCIDENCES OF EDUCATIONALLY DEPRIVED CHILDREN T H A N H I G H E R R A N K E D AREAS OR SCHOOLS.—The

Regulations.

Commissioner shall issue regulations providing for an exception to subsection (a) permitting children in lower ranked eligible school attendance areas or eligible schools having substantially greater incidences of educational deprivation than areas or schools ranked higher under subsections (a) or (b) to receive assistance before such children in higher ranked areas or schools receive such assistance. " (e) S K I P P I N G H I G H E R R A N K E D SCHOOL ATTENDANCE AREAS OR SCHOOLS RECEIVING SERVICES OF THE S A M E NATURE AND SCOPE F R O M

NON-FEDERAL SOURCES.—The Commissioner shall issue regulations Regulations, providing for an exception to subsection (a) or (b) permitting local educational agencies to skip higher ranked eligible school attendance areas or eligible schools receiving, from non-Federal funds, services of the same nature and scope as would otherwise be provided under this title. Whenever children residing in eligible areas and attending private elementary and secondary schools are ineligible for services of the same nature and scope from non-Federal sources, such children shall be selected for programs and projects under this title without regard to the provisions of this subsection. The number of children receiving services under this title who attend private elementary and secondary schools shall be determined in each local educational agency receiving assistance under this title without regard to non-Federal compensatory education funds which serve children in public elementary and secondary schools who are also eligible for assistance under this title. Children attending private elementary and secondary schools who receive assistance under this title shall be identified in accordance with this section and without regard to skipping higher ranked school attendance areas or schools receiving services of the same n a t u r e and scope from non-Federal sources. u CHILDREN TO BE SERVED

" SEC. 123. (a) GENERAL PROVISIONS.—Except as provided in subsec- 20 USC 2733. tions (b), (c), and (d) of this section and section 133, a local educational agency must use funds received under this title for educationally deprived children, identified in accordance with section 124(b) as having the greatest need for special assistance, in school attendance areas or schools satisfying the requirements of section 122. " (b) CONTINUATION OF ELIGIBILITY FOR EDUCATIONALLY DEPRIVED C H I L D R E N W H O A R E N O LONGER I N GREATEST NEED OF ASSISTANCE.—

Whenever for a fiscal year, an educationally deprived child in a school attendance area or school satisfying the requirements of section 122, does not meet the requirement of subsection (a) requiring that he be

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/884

 92 STAT. 2 1 6 4

PUBLIC LAW 95-561—NOV. 1, 1978 in greatest need of special assistance, but did not meet such requirement in any previous year, and is still educationally deprived, that child may participate in a program or project assisted under this title for the current fiscal year. " (c) CONTINUATION OF ELIGIBILITY FOR EDUCATIONALLY DEPRIVED CHIIJOREN TRANSFERRED TO INELIGIBLE AREAS OR SCHOOLS I N THE S A M E

^

YEAR.—Educationally deprived children who begin participation in a program o r project assisted under this title, in accordance with subsections (a) and (b) but who, in the same school year, are transferred to a school attendance area or school not receiving funds under this title, may, if the local agency so determines, continue to participate in a program or project funded under this title for the duration of that same school year. " (d) S K I P P I N G CHILDREN DETERMINED To B E I N GREATEST NEED OF ASSISTANCE W H O A R E RECEIVING SERVICES OF THE S A M E NATURE AND

Regulations.

ScoPE F R O M NON-FEDERAL SOURCES.—The Commissioner shall issue regulations providing for a n exemption to subsection (a) permitting local educational agencies, in providing services under this title, to skip educationally deprived children in greatest need of assistance who a r e receiving, from non-Federal sources, services of the same n a t u r e and scope as would otherwise be provided under this title. "REQUIREMENTS FOR DESIGN AND IMPLEMENTATION OF PROGRAMS

20 USC 2734.

^

" SEC. 124. (a) PURPOSE OF PROGRAM.—A local educational agency may use funds received under this title only for program s and p r o j ects which a r e designed to meet the special educational needs of the children referred to in section 123. Such programs and projects may include the acquisition of equipment, payments to teachers of amounts in excess of regular salary schedules as a bonus for service in schools serving project areas, the t r a i n i n g of teachers, and, where necessary, the construction of school facilities, and p l a n n i n g for such program s and projects. "(b)

ASSESSMENT

OF EDUCATIONAL

NEED.—A

local

educational

agency may receive funds under this title only if i t makes an assessment of educational needs each year to (1) identify educationally deprived children in all eligible attendance areas and to select those educationally deprived children who have the greatest need for special assistance; (2) identify the general instructional areas on which the program will focus; and (3) determine the special educational needs of participating children with specificity sufficient to facilitate development of high-quality programs and projects. " (c) P L A N N I N G. — A local educational agency may use funds received under this title for planning only if (1) the planning relates directly to programs or projects to be assisted under this title and has resulted, or is reasonably likely to result, i n a program or project to be assisted under this title, and (2) such funds are needed because of the innovative nature of the program or project or because such agency lacks the resources necessary to plan adequately for programs and projects to be assisted under this title. The amount a local educational agency may use for plans for any fiscal year may not exceed 1 p e r centum of the amount determined for that agency for that year pursuant to section 111 or $2,000, whichever is greater. "(d)

S U F F I C I E N T S I Z E, SCOPE, AND Q U A L I T Y. — A local educational

agency may use funds received under this title only for program s and

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/885

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2165

projects which are of sufficient size, scope, and quality to give reasonable promise of substantial progress toward meeting the special educational needs of the children being served, and to this end such programs and projects must involve an expenditure of not less than $2,500, except that a State educational agency may reduce such $2,500 requirement for a local educational agency if it determines that i t would be impossible, for reasons such as distance or difficulty of travel, for such local educational agency to join effectively with other local educational agencies for the purpose of meeting the requirement. "(e)

EXPENDITURES RELATED TO R A N K I N G OF PROJECT AREAS AND

SCHOOLS.—A local educational agency may receive funds under this t^tie only if such funds are allocated among project areas or schools for programs and projects assisted under this title on the basis of the number and needs of children to be served as determined in accordance with section 123. "(f)

COORDINATION W I T H OTHER PROGRAMS.—(1)

A local educa-

tional agency may receive funds under this title only if it demonstrates that, in the development of its application, it has taken into consideration benefits and services which are or may be available through other public and private agencies, organizations, or individuals. The local educational agency shall also demonstrate that in order to avoid duplication of effort and to ensure that all programs and projects complement each other, it has considered suggestions and offers of assistance made by other agencies which may aid in carrying out or making more effective the program or project for which the application is made. " (2) A local educational agency may use funds received under this title for health, social, or nutrition services for participating children under this title only if such agency has requested from the State educational agency assistance in locating and utilizing other Federal and State programs to provide such services. " (g) EVALUATIONS.—A local educational agency may receive funds under this title only if— " (1) effective procedures are adopted for evaluating, in accordance with the evaluation schedule promulgated by the Commissioner under section 183(g), the effectiveness of the programs Posf, p. 2189. assisted under this title in meeting the special educational needs of educationally deprived children; " (2) such evaluations will include, during each three-year . -• period, the collection and analysis of data relating to the degree to which programs assisted under this title have achieved their goals, including the requirements of section 130, and will also include objective measurements of educational achievement in basic skills over at least a twelve-month period in order to determine whether regular school year programs have sustained effects over the summer; and " (3) the evaluation will address the purposes of the programs, including the requirements of section 130, and the results of the evaluations will be utilized in planning for and improving projects and activities carried out under this title in subsequent years. " (h) INFORMATION DISSEMINATION.—A local educational agency may receive funds under this title only if effective procedures are in existence for acquiring and disseminating to teachers and administrators significant information derived from educational research, demonstration, and similar projects, and for adopting, where appropriate, promising educational practices developed through such projects.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/886

 92 STAT. 2166

PUBLIC LAW 95-561—NOV. 1, 1978 " (i) TEACHER AND SCHOOL BOARD PARTICIPATION.—A local educa-

tional agency may receive funds under this title only if teachers in schools participating in programs assisted under this title, and school boards or comparable authority responsible to the public with jurisdiction over the schools, have been involved in planning for those programs and will be involved in the evaluation thereof. "(j)

P A R E N T PARTICIPATION.—A

local

educational

agency

may

receive funds under this title only if parents of children participating in programs assisted under this title are permitted to participate in the establishment of such programs and are informed of, and permitted to make recommendations with respect to, the instructional goals of the program and the progress of their children in such program, and such parents a r e afforded opportunities to assist their children in achieving such goals. " (k) SUSTAINING G A I N S. — A local educational agency may receive funds under this title only if, in developing programs to be assisted under this title, the local educational agency will give due consideration to the inclusion of components designed to sustain the achievements of children beyond the school year in which the program is conducted, through such means as summer programs and intermediate and secondary level programs. "(1) T R A I N I N G OF P^DUCATION A I D E S. — A local educational agency

Administration by public agency.

20 USC 1232b.

may receive funds under this title for programs andi projects involving education aides, including volunteers, only if it has in effect welldeveloped plans providing for coordinated programs of training in which education aides, including volunteers, and the professional staff whom they a i e assisting will participate together. " (m) CONTROL OF F U N D S. — A local educational agency may receive funds under this title only if control of such funds, and title to property derived therefrom, is in a public agency for the uses and purposes provided in this title, and only if a public agency will administer such funds and property. " (n) CONSTRUCTION.—A local educational agency may use funds received under this title for projects for construction of school facilities only if— " (1) the project is not inconsistent with overall State plans for the construction of school facilities and the requirements of section 433 of the General Education Provisions Act are complied with on all such projects, " (2) in developing plans for such facilities due consideration has been given to compliance with such standards as the Secretary may prescribe or approve in order to ensure that facilities constructed with the use of Federal funds under this title are, to the extent appropriate in view of the uses to be made of the facilities, accessible to and usable by, handicapped persons, and " (3) in developing plans for such facilities, due consideration has been given to excellence of architecture and design, and inclusion of works of a r t (not representing more than 1 per centum of the cost of the project), " (o) JOINT L Y OPERATED PROGRAMS.—Two or more local educational

agencies may, a t their option, enter into an agreement for carrying out jointly operated programs and projects assisted under this title.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/887

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2167

PARENTAL INVOLVEMENT

125. (a) ESTABLISHMENT OF ADVISORY COUNCILS.—(1) A local educational agency may receive funds under this title onl^ if it establishes an advisory council for its entire school district which— "(A) has a majority of members who are parents of children to be served by projects assisted under this title; "(B) is composed of members elected by the parents in each district; and "(C) includes representatives of children and schools eligible to be served by, but not currently participating in, programs assisted with funds provided under this title. "(2)(A) A local educational agency may receive funds under this title only if it establishes an advisory council for each project area or project school, except as provided in subparagraph (B), which— "(i) has a majority of members who are parents of children to be served by programs assisted under this title, and "(ii) is composed of members elected by the parents in each project area or project school. "(B) In the case of any project area or project school in which not more than one full-time equivalent staff member is paid with funds provided under this title, and in which not more than forty students participate in such programs, the requirements of subparagraph (A) shall be waived. "(C) In the case of any project area or project school in which 75 or more students are served by programs assisted by funds provided under this title, each such project area or project school advisory council, in addition to meeting the requirements of subparagraph (A), shall— " (i) be composed of not less than 8 members, who shall serve for terms of two years, after which time they may be re-elected; "(ii) elect officers of the council after it has been fully constituted; and "(iii) meet a sufficient number of times per year, according to a schedule and at locations to be determined by such council. "(3) Any individual who is a teacher at a school serving a project area or is a parent of a child residing in an eligible school attendance area or attending an eligible school shall be eligible to be elected as a member of the districtwide advisory councils established pursuant to paragraph (1), but nothing in this sentence shall preclude the eligibility of other individuals who are residents in that district. No individual who is a teacher at a project school or a school serving a project area shall be ineligible to be elected as a member of a districtwide or project area or school advisory council on the basis of residency outside such area or district. "(b) RESPONSIBILITIES or ADVISORY COUNCILS.—Each local educational agency shall give each advisory council which it establishes under subsection (a) responsibility for advising it in planning for, and implementation and evaluation of, its programs and projects assisted under this title. "(c) ACCESS TO INFORMATION.— (1) Each local educational agency shall provide without charge to each member of an advisory council established by such an agency under subsection (a) of this section— " (A) a copy of the text of this title. "SEC.

Advisory council for entire school district.

20 USC 2735. Membership.

Advisory council for project area or project school. Membership,

Waiver,

Addi^onal requirements,

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/888

 92 STAT. 2168

j^,

Report to

PUBLIC LAW 95-561—NOV. 1, 1978 "(B) a copy of any Federal regulations and guidelines issued under such title; and "(C) a copy of appropriate State regulations and guidelines associated with this title. "(2) Each State educational agency shall provide a copy of any report resulting from State or Federal auditing, monitoring, or evaluation activities in any district to the parent advisory council established pursuant to subsection (a)(1) in such district. "(d) TRAIXING PROGRAMS.—Each local educational agency application for funding under this title shall describe a program for training the members of advisory councils established pursuant to subsection (a) to carry out their responsibilities as described in subsection (b). Such training program— "(1) shall be planned in full consultation with the members of such advisory councils; "(2) shall provide each member of each such council with appropriate training materials; and "(3) may permit the use of funds under this title for expenses associated with such training, including expenses associated with . the attendance of such members at training sessions. "(e) WORKSHOPS ON PARENTAL INVOLVEMENT.—For each fiscal year for which payments are made to State educational agencies under this title, the Commissioner shall sponsor workshops in the several regions of the United States which shall be designed to assist local educational agencies to work with and provide training to parent advisory councils established under subsection (a) of this section and to facilitate parental involvement in the programs conducted under this title. The workshops shall be planned and conducted in consultation with members of parent advisory councils in the region served by the workshop. "(f)

A S S E S S M E N T OE P A R E N T A L INVOLVEMENT AND T R A I N I N G.

The

Congress and the National Institute of Education shall assess the effectiveness of (1) public. various forms of parental involvement, including parent advisory councils, on school governance, student achievement, and other purposes of this title, and (2) various methods of training the members of parent advisory councils, and shall report the results of such assessments to the Congress and the public. "(g) AUTHORIZATION or APPROPRIATIONS.—There are authorized to be appropriated for fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1983, such sums as may be necessary to carry out the provisions of subsections (e) and (f) of this section. ii

20 USC 2736.

FUNDS ALLOCATION

126. (a) MAINTENANCE OF EFFORT.— (1) Except as provided in paragraph (2), a local educational agency may receive funds under this title for any fiscal year only if the State educational agency finds that the combined fiscal effort per student or the aggregate expenditures (as determined in accordance with regulations of the Commissioner) of that agency and the State with respect to the provision of free public education by that agency for the preceding fiscal year was not less than such combined fiscal effort per student or the aggregate expenditures for that purpose for the second preceding fiscal year. "(2) The Commissioner may waive, for one fiscal year only, the requirements of this subsection if he determines that such a waiver
 * 'SEO.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/889

 PUBLIC LAW 9 5 - 5 6 1 — N O V. 1, 1978

92 STAT. 2 1 6 9

would be equitable due to exceptional and unforeseen circumstances such as a n a t u r a l disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency. I n any case in which a waiver under this paragraph is granted, the Commissioner shall reduce the amount of Federal payment for the program affected for the current fiscal year in the exact proportion to which the amount expended (either on an average p e r pupil or aggregate basis) was less than the amount required by paragraph (1). No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort required, under paragraph (1), for years subsequent to the year covered by such waiver. Such fiscal effort shall be computed on the basis of the level of funding which would, but for such waiver, have been required. " (3) The Commissioner shall establish objective criteria of general Criteria, applicability to carry out the waiver authority contained in this subsection. "(b)

U S E OF F U N D S L I M I T E D TO EXCESS COSTS.—Subject to

the

provisions of section 131, a local educational agency may use funds received under this title only for the excess costs of programs and projects referred to in section 1 2 4 (a). As used in this subsection, the "Excess costs.' term 'excess costs' means costs directly attributable to programs and projects which exceed the average per pupil expenditure of a local educational agency in the most recent year for which satisfactory data are available for pupils in the grade or grades included in such program s or projects. "(c)

FEOERAii F U N D S TO S U P P L E M E N T, N O T S U P P L A N T REGULAR N O N -

FEDERAL F U N D S. — A local educational agency may use funds received under this title only so as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available from regular non-Federal sources and from non-Federal sources for State phase-in programs described in section 131(b) for the education of pupils participating in program s and projects assisted under this title, and in no case may such funds be so used as to s u p p l a n t such funds from such non-Federal sources.

(.

" (d) FEDERAL F U N D S REQUIRED TO S U P P L E M E N T, N O T S U P P L A N T NON-FEDERAL F U N D S FOR CERTAIN SPECIAL STATE AND LOCAL P R O -

GRAMS.— (1) Subject to section 132, a local educational agency may use funds received under this title only so as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for each of the special program s described in subsection (b) of section 131 for the education of educationally deprived children, in the aggregate, in eligible school attendance areas or attending eligible schools and in no case, as to supplant such funds from non-Federal sources. " (2) I t shall not be considered a violation of this subsection for a local educational agency, in carrying out a special program described in subsection (b) of section 131, to take into consideration funds made available under this title, and to coordinate such special programs with program s using such Federal funds, provided that educationally deprived children, in the aggregate, in eligible school attendance areas or attending eligible schools, receive at least the same level of such special State and local funds that would have been made available to such children in the absence of funds under this title. " (3) For purposes of this subsection, the level of funds that, in the absence of funds under this title would have been made available to

-^i, ^ j>;.,

�


text:
User:Mckaywiii

Self-Note: Thought that the global management would cover this but NO! 05/18/2011

title: User:Mckaywiii


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/890

 92 STAT. 2 1 7 0

.;,

PUBLIC LAW 95-561—NOV. 1, 1978 such children shall be determined by reference to a plan for distributing such special funds. Such plan shall be based on objective criteria of need that d o not discriminate against educationally deprived children, in the aggregate in eligible sclicol attendance areas or attending eligible schools. The objective criteria chosen by the local educational agency shall prescribe, with particularity, the children as well as the schools, grade-spans, or school attendance areas eligible for assistance and the method for selecting the particular children who will receive assistance under such special State or local program and the schools or grade-spans which such children attend or the school attendance areas in which such children reside. The criteria for selecting children, schools, grade-spans, and school attendance areas for participation shall be either educational need, a reasonable proxy for educational need, level of poverty, o r a combination of such factors. Educationally deprived children residing in eligible school attendance areas or attending eligible schools, satisfying such object criteria, must receive assistance under either this title or under such special State or local program before any child who does not satisfy such criteria receives such assistance. "(e)

Ante, p. 2143.

COMPARABILITY OF SERVICES.—Subject to the provisions of sec-

tion 131, a local educational agency may receive funds under this title only if State and local funds will be used in the district of such agency to provide services in project areas which, taken as a whole, are a t least comparable to services being provided in areas in such district which are not receiving funds under this title. Where, under regulations of the Commissioner, all school attendance areas in the district of the agency are designated as project areas, the agency may receive such funds only if State and local funds are used to provide services which, taken as a whole, are substantially comparable, in accordance with regulations of the Commissioner, in each project area. Each local educational agency shall report on or before July 1 of each year with respect to its compliance with this subsection, except for local educational agencies which were not required to report upon the date of enactment of the Education Amendments of 1978, unless the Commissioner otherwise provides by regulation.

((ACCOUNTABILITY 20 USC 2737.

\ " SEC. 127. (a) RECORDKEEPING.—Each local educational agency which receives funds under this title shall keep such records and afford such access thereto as the State educational agency shall prescribe, including records which fully disclose the amount and disposition of such funds, the total cost of programs and projects in connection with which such funds are used, the amount of the portion of the cost of the program or project supplied by other sources, and such other records as will facilitate an effective audit. Whenever a local educational agency carries on a single compensatory education program paid for out of funds under this title as well as State or local funds which meets all of the requirements of this title and whenever, under section 131, the local educational agency excludes expenditures from State and local sources in determining compliance with section 126(b) and (e), the State educational agency need not require the Federal funds to be accounted for separately. I n any proceeding, State or Federal, for the recoupment of any such funds which were misspent o r misapplied, the ' percentage of the funds so misspent or misapplied which shall be

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/891

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2171

deemed to be Federal funds shall be equal to the percentage of the funds used, or intended for use, for the program or project which were Federal funds. "(b) REPORTING.—Each local educational agency which receives funds under this title shall make an annual report and such other reports to the State educational agency, in such form and containing such information (which in the case of reports relating to performance is in accordance with specific performance criteria related to program objectives), as may be reasonably necessary to enable the State educational agency to perform its duties under this title, including information relating to the educational achievement of students participating in programs and projects assisted under this title. "(c) ACCESS TO INFORMATION.—Each local educational agency which applies for or receives funds under this title shall make the application and all pertinent documents related thereto available to parents, teachers, and other members of the general public. a COMPLAINT RESOLUTION

"SEC. 128. Each local educational agency which receives funds under this title shall develop and implement, in accordance with criteria prescribed by the Commissioner, written procedures for the resolution of complaints made to that agency by parent advisory councils, parents, teachers, or other concerned organizations or individuals concerning violations of this title, or of applicable provisions of the General Education Provisions Act in connection with programs under this title. Such procedures shall— "(1) provide specific time limits for investigation and resolution of complaints, which shall not exceed thirty days unless a longer period of time is provided by the State educational agency due to exceptional circumstances in accordance with regulations established by the Commissioner; " (2) provide an opportunity for the complainant or the complainant's representative, or both, to present evidence, including an opportunity to question parties involved; "(3) provide the right to appeal the final resolution of the local educational agency to the State educational agency within thirty days after receipt of the written decision; and " (4) provide for the dissemination of information concerning these procedures to interested parties, including all district and school parent advisory councils.

Written procedures.

20 USC 2738.

Time limits.

Presentation of evidence. Appeal of final resolution. Dissemination of information.

"INDIVIDUALIZED PLANS

"SEC. 129. It is the intent of the Congress to encourage, whenever 20 USC 2739. feasible, the development for each educationally deprived child participating in a program under this title of an individualized educational plan (maintained and periodically evaluated), agreed upon jointly by the local educational agency, the teacher, a parent or guardian of the child, and, when appropriate, the child. "PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS

130. (a) GENERAL REQUIREMENTS.—TO the extent consistent 20 USC 2740. with the number of educationally deprived children in the school district of the local educational agency who are enrolled in private "SEC.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/892

 92 STAT. 2172

Written notice.

Petition.

PUBLIC LAW 95-561—NOV. 1, 1978 elementary and secondary schools, such agency shall make provision for including special educational services and arrangements (such as dual enrollment, educational radio and television, and mobile educational services and equipment) in which such children can participate and meeting the requirements of sections 122 and 123, and subsections (a), (b), (d), and (1) of section 124, and subsection (c) of section 126. Expenditures for educational services and arrangements pursuant to this section for educationally deprived children in private schools shall be equal (taking into account the number of children to be served and the special educational needs of such children) to expenditures for children enrolled in the public schools of the local educational agency. " (b) 13Y-PASS PROVISION.—(1) I f a local educational agency is prohibited by law from providing for the participation in special programs for educationally deprived children enrolled in private elementary and secondary schools as required by subsection (a), the Commissioner shall waive such requirement, and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a). " (2) If the Commissioner determines that a local educational agency has substantially failed to provide for the participation on an equitable basis of educationally deprived children enrolled in private elementary and secondary schools as required by subsection (a), he shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a), upon which determination the provisions of subsection (a) shall be waived. " (3)(A) W h e n the Commissioner arranges for services pursuant to this subsection, he shall, after consultation with the appropriate public and private school officials, pay to the provider the cost of such services, including the administrative cost of arranging for such services, from the appropriate allocation or allocations under this title. " (B) P e n d i n g final resolution of any investigation or complaint that could result in a determination under this subsection, the Commissioner may withhold from the allocation of the affected State or local educational agency the amount he estimates would be necessary to pay the cost of such services. " (C) Any determination by the Commissioner under this section shall continue in effect until the Commissioner determines that there will no longer be any failure or inability on the part of the local educational aqfcncy to meet the requirements of subsection (a). " (4)(A) The Commissioner shall not take any final action under t h ' s subsection until the State educational agency and local educational agency affected by such action have had an opportunity, for at least forty-five days after receiving written notice thereof, to submit written objections and to appear before the Commissioner or his designee to show cause why such action should not be taken. " (B) I f a State or local educational agency is dissatisfied with the Commissioner's final action after a proceeding under subparagraph (A) of this paragraph, it may within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code.

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/893

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2173

"(C) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(D) Upon the filing of a petition under subparagraph (B), the Jurisdiction, court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "Subpart 4—Exemptions From Certain Program Requirements "EXCLUSIONS FROM EXCESS COSTS AND COMPARABILITY PROVISIONS FOR CERTAIN S P E C I A L STATE AND LOCAL PROGRAMS

"SEC. 131. (a) IN GENERAL.—For the purpose of determining com- 20 USC 2751. pliance with the requirement of section 126(b) (relating to use of funds only for excess costs of programs and projects) and of section 126(e) (relating to comparability of services), a local educational agency may, at its option, exclude State and local funds expended for carrying out a special program or a State phase-in program. "(b)

SPECIAL PROGRAM AND STATE PHASE-IN PROGRAM DEFINED.—

For purposes of this section— " (1) a special program is limited to— "(A) a State compensatory education program which the Commissioner has determined in advance under subsection (e) meets the requirements of subsection (c) and which the State educational agency determines is being implemented by the local educational agency in accordance with subsection (c); " (B) a State compensatory education program which the Commissioner has determined in advance under subsection (e) does not satisfy the requirements of subsection (c), but which he has determined permits the local educational agency, at its option, to use such special State funds in accordance with subsection (c), provided that the local educational agency designs a program which the State educational agency determines in advance under subsection (f) meets the requirements of subsection (c) and which the State educational agency determines will be implemented by the local educational agencies in accordance with subsection (c); or "(C) a local compensatory education program which the State educational agency has determined in advance under subsection (f) meets the requirements of subsection (c) and which the State educational agency determines is being implemented in accordance with subsection (c); and "(D) a bilingual program for children of limited English proficiency or special educational program for handicapped children or children with specific learning disabilities; and

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/894

 92 STAT. 2 1 7 4

PUBLIC LAW 95-561—NOV. 1, 1978 " (2) a State phase-in program is a program which the Commissioner has determined in advance under subsection (e) meets the requirements of subsection (d) and which the State educational agency determines will be implemented by local educational agencies in accordance with subsection (d). " (c) STATE AND LOCAL CoMPEisrsATORY EDUCATION PROGRAMS SIMILAR

^ ^^^

TO TITLE I PROGRAMS.—A State or local program meets the requirements of this subsection if it is similar to program s assisted under this part. The Commissioner shall consider a State or local program to be similar to programs assisted under this part if— " (1) all children participating i n the program a r e educationally deprived, " (2) the program is based on performance objectives related to educational achievement and is evaluated in a m a n n e r consistent with those performance objectives, " (3) the program provides supplementary services designed to meet the special educational needs of the children w h o are participating, " (4) the local educational agency keeps such records and affords such access thereto as are necessary to assure the correctness and verification of the requirements of clauses (1), (2), and (3) of this subsection, and " (5) the State educational agency monitors performance under the program to assure that the requirements of clauses (1), (2), (3), and (4) of this subsection are met. "(d)

\

Ante, p. 2143.

CERTAIN

STATE P H A S E - I N

PROGRAMS.—A

State

education

program which is being phased into full operation meets the requirements of this subsection if the Commissioner is satisfied that— " (1) the program is authorized and governed specifically by the provisions of State law; " (2) the purpose of the program is to provide for the comprehensive and systematic restructuring of the total educational environment at the level of the individual school; " (3) the program is based on objectives, including but not limited to, performance objectives related to educational achievement and is evaluated in a manner consistent with those objectives; " (4) parents and school staff a r e involved in comprehensive planning, implementation, and evaluation of the program; " (5) the program will benefit all children in a particular school or grade-span within a school; " (6) schools participating in a program describe, in a school level plan, program strategies for meeting the special educational needs of educationally deprived children; " (7) the phase-in period of the program is not more than six school years, except that the phase-in period for a program commenced prior to the date of enactment of the Education Amendments of 1978 shall be deemed to begin on the date of enactment of such Amendments; " (8) a t all times during such phase-in period a t least 50 p e r centum of the schools participating in the program are the schools serving project areas which have the greatest number or concentrations of educationally deprived children or children from lowincome families; " (9) State funds made available for the phase-in program will supplement, and not supplant, State and local funds which would, in the absence of the phase-in program, have been provided for schools participating in such program;

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/895

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2175

"(10) the local educational agency is separately accountable, for purposes of compliance with paragraphs (1) through (6), (8), and (9) of this subsection, to the State educational agency for any funds expended for such program; and "(11) the local educational agencies carrying out the program are complying with paragraphs (1) through (6), (8), and (9) and the State educational agency is complying with paragraph (10). "(e) ADVANCE DETERMINATIONS BY THE COMMISSIONER.—The Commissioner shall make an advance determination of whether or not a State Program described in subsection (b)(1)(A) or (B) or (b)(2) meets the requirements of subsection (c) or meets the requirements of subsection (d). The Commissioner shall require each State educational agency to submit to him the provisions of State law together with implementing rules, regulations, orders, guidelines, and interpretations which are necessary for him to make such an advance determination. The Commissioner's determination shall be in writing and shall include the reasons for his determination. Whenever there is any material change in pertinent State law affecting the program, the State educational agency shall submit such changes to the Commissioner. "(f)

ADVANCE

DETERMINATION BY

THE

STATE EDUCATIONAL

AGENCY.—The State educational agency shall make an advance determination of whether or not a program described in subsection (b)(1)(C) meets the requirements of subsection (c). The State educational agency shall require each local educational agency to submit the provisions of local law, together with implementing rules, regulations, guidelines, and interpretations which are necessary to make such an advance determination. The State educational agency's determination shall be in writing and shall include the reasons for the determination. Whenever there is any material change in pertinent local law affecting the program, the local educational agency shall submit such changes to the State educational agency. "LIMITED EXEMPTION TO SUPPLEMENT, NOT SUPPLANT, REQUIREMENT WHERE CERTAIN SPECIAL PROGRAMS FOR EDUCATIONALLY DEPRIVED CHILDREN ARE FULLY FUNDED

"SEC. 132. Whenever for a fiscal year— 20 USC 2752. "(1) a local educational agency provides special State and local funds for programs for educationally deprived children which qualify under clause (A), (B), or (C) of section 131(b)(1) for an exception from the comparability and excess costs provisions under such section 131, and "(2) the amount of such special State and local funds provided in eligible school attendance areas and for eligible schools when added to the Federal funds provided for programs under this subpart equals the amount such agency is eligible to receive for such fiscal year under section 111(a)(2) (without regard to adjustments under section 193), Post, p. 2195. then the local educational agency may, without being considered in violation of section 126(d), utilize additional State and local funds for special programs and projects which are solely for educationally deprived children residing in nonproject areas or attending nonproject schools, including areas and schools ineligible for assistance under

�


text:
User talk:Mckaywiii

Self Note: and this as well!

title: User talk:Mckaywiii


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/896

 92 STAT. 2176

PUBLIC LAW 95-561—NOV. 1, 1978 this title. The exemption in the preceding sentence does not apply to the extent the level of such special State and local funds, per child participating in such programs residing in ineligible school attendance areas or attending ineligible schools, exceeds the amount of funds, per child participating in programs in project areas, provided to the agency under this part plus the amount of such special State or local funds provided for use in such areas. ' .; ,:*

20 USC 2753.

"SCHOOLWIDE PROJECTS

,

" SEC. 133. (a) U S E OF F U N D S FOR SCHOOLWIDE P R O J E C T S. — I n the case

of any school serving an attendance area that is eligible to receive services under this title and i n which not less than 75 p e r centum of the children are from low-income families (in accordance with criteria established by the Commissioner), the local educational agency may carry out a project under this title to upgrade the entire educational program in that school if the requirements of subsection (b) are met. " (b) DESIGNATION OF SCHOOLS.—A school may be designated for a

schoolwide project under subsection (a) if— " (1) a plan has been developed for that school by the local educational agency and has been approved by the State educational agency providing for— " (A) a comprehensive assessment of the educational needs of all students in the school, in particular the special needs of educationally deprived children, and " (B) an instructional program designed to meet the special needs of all students in the school; " (2) the plan has been developed with the involvement of those individuals who will be engaged in carrying out the plan, including parents, teachers, teacher aides, administrators, and secondary students if the plan relates to a secondary school; " (3) the plan provides for consultation among those individuals as to the educational progress of all students; " (4) the plan has been approved by the advisory council for that school established under section 125; " (5) appropriate t r a i n i n g is provided to teachers and teacher aides to enable them effectively to carry out the p l a n; " (6) the plan includes procedures for evaluation involving the I =TS 'J8ii m participation of the individuals listed in paragraph (2), and opportunities for periodic improvements in the plan based on the results of those evaluations; " (7)(A) i n the case of a school district in which there are one • or more schools described in subsection (a) and there are also one or more other schools serving project areas, the local educational agency makes the Federal funds provided under this part available for children in such schools described in subsection (a) in amounts which per educationally deprived child served, equal o r exceed the amount of such funds made available per educationally deprived child served i n such other schools;
 * .t *.'H

(B) the local educational agency makes special supplementary State and local funds available for the children in schools described i n subsection (a) in amounts which, p e r child served who is not educationally deprived, equal or exceed the amount of Federal funds provided under this part which, p e r educationally

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/897

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2177

deprived child served, are made available for children in such schools; and "(C) the average per pupil expenditure in schools described in subsection (a) (excluding amounts expended under a State compensatory education program) for the fiscal year in which the plan is to be carried out will not be less than such expenditure in such schools in the previous fiscal year. "(c) APPROVAL OF SCHOOL; OPERATION or PROJECT.—(1) The State educational agency shall approve the plan of any local educational agency for a schoolwide project if that plan meets the requirements of subsection (b). "(2) For any school which has such a plan approved, the local educational agency— "(A) shall, in order to carry out the plan, be relieved of any requirements under this title with respect to the commingling of funds provided under this title with funds available for regular programs; "(B) shall not be required to identify particular children as being eligible to participate in programs assisted under this title; and "(C) shall not be required to demonstrate that services provided with funds under this title are supplementary to the services regularly provided in the school. " N O N INSTRUCTIONAL DUTIES

"SEC. 134. Notwithstanding any provision of subpart 3 of this part, 20 USC 2754. personnel paid entirely by funds made available under this title may ^^^' P- ^^" • be assigned to certain limited, rotating, supervisory duties not related to classroom instruction, the benefits of which are not limited to participating children under this title. Such duties may include only those to which similarly situated personnel not hired with funds made available under the title are assigned at the same school site, and for which such similarly situated personnel are paid, and may not exceed the same proportion of total time as similarly situated personnel at the same school site, or 10 per centum of the total time, whichever is less. "PART B—PROGRAMS OPERATED BY STATE AGENCIES

"Subpart 1—Programs for Migratory Children " G R A N T S — ^ ENTITLEMENT AND AMOUNT

"SEC. 141. (a) ENTITLEMENT.—A State educational agency or a com- 20 USC 2761. bination of such agencies shall, upon application, be entitled to receive a grant for any fiscal year under this part to establish or improve, either directly or through local educational agencies, programs of education for migratory children of migratory agricultural workers or of migratory fishermen which meet the requirements of section 142. "(b) AMOUNT or GRANT.— (1) Except as provided in sections 156 and 167, the total grants which shall be made available for use in any State (other than Puerto Rico) for this subpart shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (A) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expendi-

39-194 O—80—pt. 2

57: QL3

�


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/898

 92 STAT. 2178

^

'

PUBLIC LAW 95-561—NOV. 1, 1978

ture in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (B) in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum ^ of the average per pupil expenditure in the United States) multiplied by (i) the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State full time, and (ii) the full-time equivalent of the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State part time, as determined by the Commissioner in accordance with regulations, except that if, in the case of any State, such amount exceeds the amount required under section 142, the Commissioner shall allocate such excess, to the extent necessary, to other States, whose total of grants under this sentence would otherwise be insufficient for all such children to be served in such other States, In determining the full-time equivalent number of migratory children who are in a State during the summer months, the Commissioner shall adjust the number so determined to take into account the special needs of those children for summer programs and the additional costs of operating such programs during the summer. In determining the number of migrant children for the purposes of this section the Commissioner shall use statistics made available by the migrant student record transfer system or such other system as he may determine most accurately and fully reflects the actual number of migrant students. "(2) For each fiscal year, the Commissioner shall determine the percentage which the average per pupil expenditure in Puerto Rico is of the lowest average per pupil expenditure of any of the fifty States. The grant which Puerto Rico shall be eligible to receive under this section for a fiscal year shall be the amount arrived at by multiplying the number of such migrant children in Puerto Rico by the product of— ' "(A) the percentage determined under the preceding sentence, and "(B) 32 per centum of the average per pupil expenditure in the United States. u PROGRAM REQUIREMENTS

20 USC 2762.

<>tS '>'*•'

42 USC 2861. Aiue, p. 1964.

142. (a) REQUIREMENTS FOR APPROVAL OF APPLICATION.—The Commissioner may approve an application submitted under section 141(a) only upon his determination— "(1) that payments will be used for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of migratory children of migratory agricultural workers or of migratory fishermen, and to coordinate such programs and projects with similar programs and projects in other States, including the transmittal of pertinent information with respect to school records of such children; "(2) that in planning and carrying out programs and projects there has been and will be appropriate coordination with programs administered under part B of title III of the Economic Opportunity Act of 1964 and under section 303 of the Comprehensive Employment and Training Act; "SEC.

�