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Page:United States Statutes at Large Volume 92 Part 2.djvu/989

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2269

schools, including activities at the preschool level, which are designed to meet the educational needs of such children, with particular attention to children having the greatest need for such programs; and to demonstrate effective ways of providing, for children of limited English proficiency, instruction designed to enable them, while using their native language, to achieve competence in the English language. " (b)(1) For the purpose of carrying out the provisions of this title. Appropriation there are authorized to be appropriated $200,000,000 for fiscal year authorization. 1979; $250,000,000 for fiscal year 1980; $300,000,000 for fiscal year 1981; $350,000,000 for fiscal year 1982; and $400,000,000 for the fiscal year 1983. "(2) There are further authorized to be appropriated to carry out the provisions of section 721(b)(5) $12,000,000 for fiscal year 1979; $14,000,000 for fiscal year 1980; $16,000,000 for fiscal year 1981; and such sums as may be necessary for each of the two succeeding fiscal years. "(3) From the sums appropriated under paragraph (1) for any fiscal year, the Commissioner shall reserve $16,000,000 of that part thereof that does not exceed $70,000,000 for training activities carried out under section 721(a)(3), and shall reserve for those activities not less than 20 per centmn of that part thereof which is in excess of $70,000,000. "(4) The Commissioner shall reserve from the amount not reserved pursuant to paragraph (3) of this subsection such amount as may be necessary, but not in excess of 1 per centum thereof, for the purposes of section 732. "DEFINITIONS; REGULATIONS

"SEC. 703. (a) The following definitions shall apply to the terms 20 USC 3223. used in this title: "(1) The term 'limited English proficiency' when used with reference to individuals means— " (A) individuals who were not born in the United States or whose native language is a language other than English, "(B) individuals who come from environments where a language other than English is dominant, as further defined by the Commissioner by regulation, and "(C) individuals who are American Indian and Alaskan Native students and who come from environments where a language other than English has had a significant impact on their level of English language proficiency, subject to such regulations as the Commissioner determines to be necessary; and, by reason thereof, have sufficient difficulty speaking, reading, writing, or understanding the English language to deny such individuals the opportunity to learn successfully in classrooms where the language of instruction is English. "(2) The term 'native language,' when used with reference to an individual of limited English proficiency, means the language normally used by such individuals, or in the case of a child, the language normally used by the parents of the child. "(3) The term 'low-income' when used with respect to a family means an annual income for such a family which does not exceed the poverty level determined pursuant to section 111(c)(2) of title I of the Elementary and Secondary Education Act of 1965. Ante, p. 2153.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/990

 92 STAT. 2270

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PUBLIC LAW 95-561—NOV. 1, 1978 "(4)(A) The term 'program of bilingual education' means a program of instruction, designed for children of limited English proficiency in elementary or secondary schools, in which, with respect to the years of study to which such program is applicable— "(i) there is instruction given in, and study of, English and, to the extent necessary to allow a child to achieve competence in the English language, the native language of the children of limited English proficiency, and such instruction is given with appreciation for the cultural heritage of such children, and of other children in American society, and, with respect to elementary and secondary school instruction, such instruction shall, to the extent necessary, be in all courses or subjects of study which will allow a child to progress effectively through the educational system; and "(ii) the requirements in subparagraphs (B) through (F) of this paragraph and established pursuant to subsection (b) of this section are met. "(B) In order to prevent the segregation of children on the basis of national origin in programs assisted under this title, and in order to broaden the understanding of children about languages and cultural heritages other than their own, a program of bilingual instruction may include the participation of children whose language is English, but in no event shall the percentage of such children exceed 40 per centum. The objective of the program shall be to assist children of limited English proficiency to improve their English language skills, and the participation of other children in the program must be for the principal purpose of contributing to the achievement of that objective. The program may provide for centralization of teacher training and curriculum development, but it shall serve such children in the schools which they normally attend. "(C) In such courses or subjects of study as art, music, and physical education, a program of bilingual education shall make provision for the participation of children of limited English proficiency in regular classes. "(D) Children enrolled in a program of bilingual education shall, if graded classes are used, be placed, to the extent practicable, in classes with children of approximately the same age and level of educational attainment. If children of significantly varying ages or levels of educational attainment are placed in the same class, the program of bilingual education shall seek to insure that each child is provided with instruction which is appropriate for his level of educational attainment. " (E) An application for a program of bilingual education shall— " (i) be developed in consultation with an advisory council, of which a majority shall be parents and other representatives of children of limited English proficiency, in accordance with criteria prescribed by the Commissioner; "(ii) be accompanied by documentation of such consultation and by the comments which the Council makes on the application; and "(iii) contain assurances that, after the application has been approved, the applicant will provide for the continuing consultation with, and participation by, the committee of parents, teachers, and other interested individuals (of which a majority shall be parents of children of limited English proficiency) which shall be selected by and predominantly composed of parents of children

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


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Page:United States Statutes at Large Volume 92 Part 2.djvu/991

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2271

participating in the program, and in the case of programs carried out in secondary schools, representatives of the secondary students to be served. " (F) Parents of children participating in a program of bilingual education shall be informed of the instructional goals of the program and the progress of their children in such program. "(5) The term 'Office' means the Office of Bilingual Education. "(6) The term 'Director'means the Director of the Office of Bilingual Education. "(7) The term 'Council' means the National Advisory Council on Bilingual Education, "(8) The term 'other programs for persons of limited English proficiency' when used in sections 731 and 732 means any programs within the Office of Education directly involving bilingual education activities serving persons of limited English proficiency, such as the program authorized by section 708(c) of the Emergency School Aid Act, as in 20 USC 1607. effect for fiscal year 1979, section 608(a)(4) of this Act for subsequent fiscal years, and the programs carried out in coordination with the provisions of this title pursuant to section 122(a)(4)(C) and part J of the Vocational Education Act of 1963, and section 306(a) (11) of the 20 USC 2332. Adult Education Act, and programs and proiects serving areas with ^^f^rip'^^^7^ high concentrations of persons of limited English proficiency pursuant ^" ^^^ ^^^°' to sections 6(b)(4) of the Library Services and Construction Act. "(b) The Commissioner, after receiving recommendations from Suggested model State and local educational agencies and groups and organizations programs, involved in bilingual education, shall establish, publish, and distribute, with respect to programs of bilingual education, suggested models with respect to pupil-teacher ratios, teacher qualifications, and other factors affecting the quality of instruction offered in such programs. "(c) In prescribing regulations under this section, the Commissioner shall consult with State and local educational agencies, appropriate organizations representing parents and children of limited English proficiency, and appropriate groups and organizations representing teachers and educators involved in bilingual education. "PART A—FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION PROGRAMS "BILINGUAL EDUCATION PROGRAMS

"SEC. 721. (a) Funds available for grants under this part shall be 20 USC 3231. used for— "(1) the establishment, operation, and improvement of programs of bilingual education; "(2) auxiliary and supplementary community and educational activities designed to facilitate and expand the implementation of programs described in clause (1), including such activities as (A) adult education programs related to the purposes of this title, . particularly for parents of children participating in programs of bilingual education, and carried out, where appropriate, in coordination with programs assisted under the Adult Education Act, and (B) preschool programs preparatory and supplementary to bilingual education programs; "(3)(A) the establishment, operation, and improvement of training programs for personnel preparing to participate in, or

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text: Dictionary of National Biography, 1885-1900/William (1095?-1174)


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Page:United States Statutes at Large Volume 92 Part 2.djvu/992

 92 STAT. 2272

Grant applications.

i

.

42 USC 2000d.

PUBLIC LAW 95-561—NOV. 1, 1978 personnel participating in, the conduct of programs of bilingual education and (B) auxiliary and supplementary training programs, which shall be included in each program of bilingual education, for personnel preparing to participate in, or personnel participating in, the conduct of such programs; and "(4) planning, and providing technical assistance for, and taking other steps leading to the development of, such programs. "(b)(1) A grant may be made under this section only upon application therefore by one or more local educational agencies or by an institution of higher education, including a junior or community college, applying jointly with one or more local educational agencies (or, in the case of a training activity described in clause (3)(B) of subsection (a) of this section, by eligible applicants as defined in section 723). Each such application shall be made to the Commissioner at such time, in such manner, and containing such information as the Commissioner deems necessary, and "(A) include a description of the activities set forth in one or more of the clauses of subsection (a) which the applicant desires to carry out; and "(B) provide evidence that the activities so described will make substantial progress toward making programs of bilingual education available to the children having need thereof in the area served by the applicant. " (2)(A) No order to submit an application in preparation for termination of assistance shall be issued to any local educational agency which shows adequate progress in meeting the goals of this title and which demonstrates a clear fiscal inability to carry on a program without such assistance, if— "(i) there is a continuing presence of a substantial number of students of limited English proficiency in a program under this title in such school or group of schools; "(ii) there has been a recent, substantial increase in the number of students of limited English proficiency who have enrolled in such program; or "(iii) there is an obligation of the local educational agency in which such school or group of schools is located to initiate compliance with an order of a court of the United States or of any State respecting services to be provided for those children, or a plan approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 with respect to services to be provided for those children. "(B) The Commissioner, after review of program operations by each local educational agency, may, on the basis of a finding, after notice and opportunity for a hearing, that a school or group of schools of such an agency does not have a long-term need for continued assistance under this title issue an order to such agency to prepare and submit within one year a revised application setting forth a schedule under which such school or group will cease receiving such assistance in the fifth year following the year of issuance of such order. Projects and activities for which funds were available prior to October 1, 1978, may continue to receive assistance under this part through September 30, 1983. The amount made available for the third, fourth, or fifth year of any such project or activity after the year of issuance of such an order shall be reduced in accordance with criteria established by the Commissioner designed to ensure the gradual assumption by the applicant of the costs of projects and activities assisted under this title.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/993

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2273

"(C) The Commissioner shall annually review conditions in any Annual review school or group of schools for which an order has been issued under subparagraph (B), and shall suspend and withdraw any order issued under subparagraph (B) if, after such order has gone into effect, one or more of the conditions described in subparagraph (A) occurs, and shall permit the local educational agency involved to revise its application in the light of such conditions. "(D) Any order issued pursuant to subparagraph (B) shall be subject to review by the Commissioner if such review is sought within 60 days of the issuance of such order. "(3) An application for a grant under this part may be approved Grant applications, only if— "(A) the provision of assistance proposed in the application approval criteria. is consistent with criteria established by the Commissioner, after consultation with the State educational agency, for the purpose of achieving an equitable distribution of assistance under this part within the State in which the applicant is located, which criteria shall be developed by his taking into consideration (i) the geographic distribution of children of limited English proficiency, (ii) the relative need of persons in different geographic areas within the State for the kinds of services and activities described in subsection (a), (iii) with respect to grants to carry out programs described in clauses (1) and (2) of subsection (a) of section 721, the relative ability of particular local educational agencies within the State to provide such services and activities, and (iv) with respect to such grants, the relative numbers of persons from low-income families sought to be benefited by such programs; "(B) in the case of applications from local educational agencies to carry out programs of bilingual education under subsection (a)(1), the Commissioner determines that the applicant shall expend adequate funds for purposes of such programs for auxiliary and supplementary training programs in accordance with the provisions of subsection (a)(3)(B) and section 723; "(C) the Commissioner determines— "(i) that the program will use the most qualified available personnel, including only those personnel who are proficient in the language of instruction and in English, to the extent possible, and the best resources, and will substantially increase the educational opportunities for children of limited English proficiency in the area to be served by the applicant; "(ii) that in designing the program for which application is made, the needs of the children in nonprofit private elementary and secondary schools have been taken into account through consultation with appropriate private school officials; and consistent with the number of such children enrolled in such schools in the area to be served whose educational needs are of the type and whose language and grade levels are of a similar type which the program is intended to address, after consultation with appropriate private school officials, provision has been made for the participation of such children on a basis comparable to that provided for public school children; and ^ (iii) that the program includes a plan for evaluation consistent with guidelines prescribed by the Commissioner;

39-194 O—80—pt. 2

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Page:United States Statutes at Large Volume 92 Part 2.djvu/994

 92 STAT. 2274

42 USC 2000d.

Assistance, priorities.

J

PUBLIC LAW 95-561--NOV. 1, 1978 "(D) the State educational agency has been notified of the application and has been given the opportunity to offer recommendations thereon to the applicant and to the Commissioner; " (E) the Commissioner determines that the assistance provided under the application will contribute toward building the capacity of the applicant to provide a program of bilingual education on a regular basis which will be of sufficient size, scope, and quality to promise significant improvement in the education of children of limited English proficiency, and that the applicant will have the resources and commitment to continue the program when assistance under this title is reduced or no longer available; " (F) the program of bilingual education for which assistance is sought will (i) serve those children most in need of assistance under this title, (ii) provide measurable goals for determining when those children no longer need such assistance, and (iii) provide, from State and local sources, for necessary followup services to sustain the achievement of the children after they have left the program, except that if any child is enrolled in a bilingual program assisted under this title for two years, that child shall have an individual evaluation establishing the need for continued services; "(G) Federal funds made available for the project or activity will be so used as to supplement the level of State and local funds that, in the absence of those Federal funds, would have been expended for special programs for children of limited English proficiency and in no case to supplant such State and local funds, except that nothing in this clause shall (i) preclude a local education agency from using funds under this title for activities carried out under an order of a court of the United States or of any State respecting services to be provided such children, or to carry out a plan approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 with respect to services to be provided such children, or (ii) authorize any priority or preference to be assigned by the Commissioner to the funding of the activities under this title; and " (H) the applicant demonstrates that, to the extent possible, personnel recruited and employed to carry out projects and activities under this title are bilingual. "(4) In the consideration of initial applications from local educational agencies to carry out programs of bilingual education under paragraph (1) of this subsection, the Commissioner shall give priority to applications from local educational agencies which are located in various geographical regions of the Nation and which propose to asssist children of limited English proficiency who have historically been underserved by programs of bilingual education, taking into consideration the relative numbers of such children in the schools of such local educational agencies and the relative need for such programs. In approving such applications, the Commissioner shall, to the extent feasible, allocate funds appropriated in proportion to the geographical distribution of children of limited English proficiency throughout the Nation, with due regard for the relative ability of particular local educational agencies to carry out such programs and the relative numbers of persons from low-income families sought to be benefited by such programs.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/995

 PUBLIC LAW 95-561—NOV. 1, 1978 "(5)(A) Upon an application from a State educational agency, the Commissioner shall make provision for the submission and approval of a State program for the coordination by such State agency of technical assistance to programs of bilingual education in such State assisted under this title. Such State program shall contain such provisions, agreements, and assurances as the Commissioner shall, by regulation, determine necessary and proper to achieve the purposes of this title, including assurances that funds made available under this section for any fiscal year will be so used as to supplement, and to the extent practical, increase the level of funds that would, in the absence of such funds, be made available by the State for the purposes described in this section, and in no case to supplant such funds. "(B) Except as provided in the second sentence of this subparagraph, the Commissioner shall pay from the amounts authorized for these purposes pursuant to section 702 for each fiscal year to each State educational agency which has a State program submitted and approved under subparagraph (A) such sums as may be necessary for the proper and eiScient conduct of such State program. The amount paid by the Commissioner to any State educational agency under the preceding sentence for any fiscal j^ear shall not exceed 5 per centum of the aggregate of the amounts paid under this part to local educational agencies in the State of such State educational agency in the fiscal year preceding the fiscal year in which this limitation applies. "(c) In determining the distribution of funds under this title, the Commissioner shall give priority to areas having the greatest need for programs assisted under this title. "(d) Programs of bilingual education under this title in the Commonwealth of Puerto Rico may, notwithstanding any other provision of this title, include programs of instruction, teacher training, curriculum development, and evaluation and testing designed to improve the English proficiency of children, and may also make provision for serving the needs of students of limited proficiency in Spanish. (e)(1) An application of a local educational agency for assistance under this title may cover a period of from one to three years. A new application shall be required for any assistance under this title for years subsequent to such period. The Commissioner shall base the decision as to the length of time for which an application will be approved on— " (A) the severity of the problems addressed by the program for which assistance is being sought; "(B) the nature of the activities proposed in the application; "(C) the likely duration of the problems addressed by the application; and "(D) such other criteria, established by the Commissioner^ as will assure the most effective use of the available funds in achieving the purposes of this title. "(2) If the Commissioner approves an application of a local educational agency under this title for a period covering more than one fiscal year, no subsequent application shall be required from such agency in any fiscal year during such period unless the agency proposes to carry out, in any such fiscal year, activities not included in the approved application. Payments to any such agency for any fiscal year subsequent to the first fiscal year for which the application has been approved shall be made only if—

92 STAT. 2275 State coordination programs.

Duration of assistance.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/996

 92 STAT. 2276

PUBLIC LAW 95-561—NOV. 1, 1978 "(A) sufficient appropriations are available for making payments in each such subsequent fiscal year; "(B) the Commissioner determines that the agency is not ineligible for assistance under this title in each subsequent fiscal year; and "(C) the agency demonstrates, by such means as the Commissioner may prescribe, that satisfactory progress is being made toward achieving the objectives of the program for which assistance has been made available under this title, including objectives of section 703(a)(4)(E) (iii) and section 703(a)(4)(F). "(f) If the Commissioner determines that an applicant for assistance under this title is unable or unwilling to provide for the participation in the program for which assistance is sought of children of limited English proficiency enrolled in nonprofit, nonpublic schools, as required by paragraph (3)(C) (ii) of subsection (b), the Commissioner shall— "(1) withhold approval of such application until the applicant demonstrates that it is in compliance with those requirements; or "(2) reduce the amount of the grant to such applicant by the amount which is required for the Commissioner to arrange (such as through a contract with a nonprofit, nonsectarian agency, organization, or institution) to assess the needs of the children in the area to be served for a program of bilingual instruction and to carry out such a program for the children.

''

" I N D I A N CHILDREN I N SCHOOLS

20 USC 3232.

H v

Report to Congress and President.

"SEC. 722. (a) For the purpose of carrying out programs under this part for individuals served by elementary and secondary schools operated predominantly for Indian children, a nonprofit institution or organization of the Indian tribe concerned which operates any such school and which is approved by the Commissioner for the purposes of this section may be considered to be a local educational agency as such term is used in this title. "(b) From the sums appropriated pursuant to section 702(b), the Commissioner is authorized to make payments to the applicants to carry out programs of bilingual education for Indian children on reservations served by elementary and secondary schools operated or funded by the Bureau of Indian Affairs. "(c) The Assistant Secretary of the Interior for the Bureau of Indian Affairs shall submit to the Congress, the President, and the Commissioner, by September 30, 1980, an assessment of the needs of Indian children with respect to the purposes of this title in schools operated or funded by the Department of the Interior, including those tribes and local educational agencies receiving assistance under the Johnson-O'Malley Act (25 U.S.C. 452 et seq.) and an assessment of the extent to which such needs are being met by funds provided to such schools for educational purposes through the Secretary of the Interior. " i

20 USC 3233.

TRAINING

"SEC. 723. (a)(1) In carrying out the provisions of clauses (1) and (3) of subsection (a) of section 721, with respect to training, the Commissioner shall, through grants to, and contracts with, eligible applicants, as defined in subsection (b), provide for—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/997

 PUBLIC LAW 95-561—NOV. 1, 1978 "(A)(i) training, carried out in coordination with any other programs training auxiliary educational personnel, designed (I) to prepare personnel to participate in, or for personnel participating in, the conduct of programs of bilingual education, includ: ing programs emphasizing opportunities for career development, advancement, and lateral mobility, (II) to train teachers, administrators, counselors, paraprofessionals, teacher aides, and parents, and ( III) to train persons to teach and counsel such persons, and (ii) special training programs designed (I) to meet individual needs, and (II) to encourage reform, innovation, and improvement in applicable education curricula in graduate education, in the structure of the academic profession, and in recruitment and retention of higher education and graduate school facilities, as related to bilingual education; and "(B) the operation of short-term training institutes designed to improve the skills of participants in programs of bilingual education in order to facilitate their effectiveness in carrying out responsibilities in connection with such programs. "(2) In addition the Commissioner is authorized to award fellowships for study in the field of training teachers for bilingual education. For the fiscal year ending June 30, 1975, not less than 100 fellowships leading to a graduate degree shall be awarded under the preceding sentence for preparing individuals to train teachers for programs of bilingual education. Such fellowships shall be awarded in proportion to the need for teachers of various groups of individuals with limited English proficiency. For each fiscal year after June 30, 1975, and prior to October 1, 1983, the Commissioner shall report to the Committee on Education and Labor of the House of Representatives and the Committee on Human Resources of the Senate on the number of fellowships in the field of training teachers for bilingual education which he recommends will be necessary for that fiscal year. "(3) The Commissioner shall include in the terms of any arrangement described in paragraphs (1) and (2) of subsection (a) of this section provisions for the payment, to persons participating in training programs so described, of such stipends (including allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. " (4) In making grants or contracts under this section, the Commissioner shall give priority to eligible applicants with demonstrated competence and experience in the field of bilingual education. Funds provided under grants or contracts for training activities described m this section to or with a State educational agency, separately or jointly, shall in no event exceed in the aggregate in any fiscal year 15 per centum of the total amount of funds obligated for training activities pursuant to clauses (1) and (3) of subsection (a) of section 721 in such year. "(5) The Commissioner shall undertake an ongoing longitudinal study of the impact of recipients of such fellowships on the field of b i l i n ^ a l education, and shall disseminate research undertaken by recipients of such fellowships. "(6) Any person receiving assistance under this subsection shall agree either to repay such assistance or to work for a period equivalent to the period of time during which such person received assistance, and such work shall be in an activity related to the training of teachers

92 STAT. 2277

Teacher's training for bilingual education, fellowships.

Report to congressional committees.

Grants and contracts.

Study.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/998

 92 STAT. 2278

Regulations.

"Eligible applicants.'

PUBLIC LAW 95-561—NOV. 1, 1978 and related personnel of bilingual education, as further determined by the Commissioner through regulations. The Commissioner may waive this requirement in extraordinary circumstances. " (7) The Commissioner shall issue regulations specifying such activities as shall constitute training under this section and section 721 (a)(3)(B). " (8) An application for a grant or contract for preservice or inservice training activities described in clause (A)(i)(I) and clause (A) (ii)(I) and in subsection (a)(1)(B) of this section shall be considered an application for a program of bilingual education for the purposes of subsection (a)(4)(E) of section 703. "(b) For the purposes of this section, the term 'eligible applicants' means"(1) institutions of higher education (including junior colleges and community colleges) and private nonprofit organizations which apply, after consultation with, or jointly with, one or more local educational agencies or a State educational agency; " (2) local educational agencies; and " (3) State educational agencies. "PART B—ADMINISTRATION'

((OFFICE Establishment.

20 USC 3241. Director.

Report to Congress and President.

'

OF BILINGUAL EDUCATION

"SEC. 731. (a) There shall be, in the Office of Education, an Office of Bilingual Education (hereafter in this section referred to as the 'Office') through which the Commissioner shall carry out his functions relating to bilingual education. " (b)(1) The Office shall be headed by a Director of Bilingual Education, appointed by the Commissioner, to whom the Commissioner shall delegate all of his delegable functions relating to bilingual education. The Director shall also be assigned responsibility for coordinating the bilingual education aspects of other programs administered by the Commissioner. "(2) The Office shall be organized as the Director determines to be appropriate in order to enable him to carry out his functions and responsibilities effectively. " (c) The Commissioner, in consultation with the Council, shall prepare and, not later than February 1, 1980, 1982, and 1984, shall submit to the Congress and the President a report on the condition of bilingual education in the Nation and the administration and operation of this title and of other programs for persons of limited English proficiency. Such report shall include— "(1) a national assessment of the educational needs of children and other persons with limited English proficiency and of the, extent to which such needs are being met from Federal, State, and local efforts, including (A) not later than October 1, 1977, the results of a survey of the number of such children and persons in the States, and (B) a planf inclu'ding cost estimates, to be carried out during the five-year period beginning on such date, for extending programs of bilingual education and bilingual vocational and adult education programs to all such preschool and elementary school children and other persons of limited English proficiency, including a phased plan for the training of the necessary teachers and other educational personnel necessary for such purpose;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/999

 PUBLIC LAW 95-561—NOV. 1, 1978 "(2) a report on and an evaluation of the activities carried out under this title during the preceding fiscal year and the extent to which each of such activities achieves the policy set forth in section 702(a); "(3) a statement of the activities intended to be carried cut during the succeeding period, including an estimate of the cost of such activities; "(4) an assessment of the number of teachers and other educational personnel needed to carry out programs of bilingual education under this title and those carried out under other programs for persons of limited P^nglish proficiency and a statement describing the activities carried out thereunder designed to prepare teachers and other educational personnel for such programs, and the number of other educational personnel needed to carry out programs of bilingual education in the States and a statement describing the activities carried out under this title designed to prepare teachers and other educational personnel for such programs; "(5) a description of the personnel, the functions of such personnel, and information available at the regional offices of the Department of Health, Education, and Welfare dealing with bilingual programs within that region; and "(6) an estimate of the number of fellowships in the field of training teachers for bilingual education which will be necessary for the two succeeding fiscal years. The Commissioners shall conduct a study on the extent of the need for these programs in the Commonwealth of Puerto Rico, and shall report the results thereof, together with recommendations, to the President and Congress not later than eighteen months after the enactment of the Education Amendments of 1978. "(d) The Commissioner shall, within six months after the date of the enactment of the Education Amendments of 1978, develop and publish in the Federal Register (1) models for programs of bilingual education which may include suggested teacher-pupil ratios, teacher qiialifications, and other factors affecting the quality of instruction offered, and which shall represent a variety of types of such programs, and (2) models for the evaluation of such programs as to the progress made by participants therein attaining English language skills. "(e)(1) The Secretary, in consultation with the Council, shall prepare and, not later than September 30, 1980, submit to the Congress and the President a report identifying the approximate number of children of limited English proficiency in the Nation, by language and by State. "(2) By September 30, 1980, the Secretary shall develop methods for identifying children of limited English proficiency who are in need of bilingual education programs. "(3) By September 30, 1980, the Secretary shall develop evaluation and data gathering models, which take into account linguistic and cultural differences of the child, which consider the availability and the operations of State programs for such children, and shall include allowances for variables which are applicable to programs under this title such as pupil-teacher ratios, teacher qualifications, length of the program, hours of instruction, percentage of children in the classroom who are English dominant and the percentage who have limited English proficiency.

92 STAT. 2279

Study. Report to President and Congress. Bilingual education program models. Publication in Federal Register.

Report to Congress and the President.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1000

 92 STAT. 2280 Report to President and Congress.

PUBLIC LAW 95-561—NOV. 1, 1978 "(f) The Secretary shall prepare and submit to the President and to the Congress not later than December 31, 1981, a report setting forth recommendations on the methods of converting, not later than July 1, 1984, the bilingual education program from a discretionary grant program to a formula grant program to serve students of limited English proficiency and recommendations on whether or not such conversion would best serve the needs of such students. The study required by this subsection shall consider the findings of other studies required to be made under this section, and shall include cost estimates for the phasing in of the formula grant program. "(g) In order to maximize Federal efforts aimed at serving the educational needs of children of limited English proficiency, the Commissioner shall coordinate and closely cooperate with other programs administered by the Office of Education, including such areas as teacher training, program content, research, and curriculum. The Commissioner's annual report under subsection (c) shall include demonstration that such coordination has taken place. "(h) The Commissioner shall insure that the Office of Bilingual Education is staffed with sufficient personnel trained, or with experience in, bilingual education to discharge effectively the provisions of this title. NATIONAL ADVISORY COUNCIL ON BILINGUAL EDUCATION

Establishment. 20 USC 3242. 20 USC 1233.

20 USC 1233g.

20 USC 1233e.

Report to Congress and President.

"SEC. 732. (a) Subject to part D of the General Education Provisions Act, there shall be a National Advisory Council on Bilingual Education composed of fifteen members appointed by the Secretary, one of whom he shall designate as Chairman. At least eight of the members of the Council shall be persons experienced in dealing with the educational problems of children and other persons who are of limited English proficiency, at least one of whom shall be representative of persons serving on boards of education operating programs of bilingual education. At least two members shall be experienced in the training of teachers in programs of bilingual education. At least two members shall be persons with general experience in the field of elementary and secondary education. At least two members shall be classroom teachers of demonstrated teaching abilities using bilingual methods and techniques. The Council shall also include at least two parents of students whose language is other than English and at least one State educational agency representative and one member at large. The members of the Council shall be appointed in such a way as to be generally representative of the significant segments of the population of persons of limited English proficiency and the geographic areas in which they reside. Subject to section 448(b) of the General Education Provisions Act, the Advisory Committee shall continue to exist until October 1, 1983. " (b) The Council shall meet at the call of the Chairman, but, notwithstanding the provisions of section 446(a) of the General Education Provisions Act, not less often than four times in each year. " (c) The Council shall advise the Commissioner in the preparation of general regulations and with respect to policy matters arising in the administration and operation of this title, including the development of criteria for approval of applications, and plans under this title, and the administration and operation of other programs for persons of limited English proficiency. The Council shall prepare

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1001

 PUBLIC LAW 95-561—NOV. 1, 1978 and, not later than March 31 of each year, submit a report to the Congress and the President on the condition of bilingual education in the Nation and on the administration and operation of this title, including those items specified in section 731(c), and the administration and operation of other programs for persons of limited English proficiency. "(d) The Commissioner shall procure temporary and intermittent services of such personnel as are necessary for the conduct of the functions of the Council, in accordance with section 445, of the General Education Provisions Act, and shall make available to the Council such staff, information, and other assistance as it may require to carry out its activities effectively. "PART

92 STAT. 2281

Temporary and intermittent personnel. 20 USC 1233d.

C—SuppoRTrvE SERVICES AND AcTrv^ixiES u ADMINISTRATION

"SEC. 741. (a) The provisions of this part shall be administered by 20 USC 3251. the Assistant Secretary, in consultation with— "(1) the Commissioner, through the Office of Bilingual Education; and "(2) the Director of the National Institute of Education, notwithstanding the second sentence of section 405(b)(1) of the General Education Provisions Act; 20 USC 122la. in accordance with regulations. "(b) The Assistant Secretary shall, in accordance with clauses (1) Regulations, and (2) of subsection (a), develop and promulgate the regulations for this part and then delegate his functions under this part, as may be appropriate under the terms of section 742. uBILINGUAL EDUCATION RESEARCH AND DEVELOPMENT

"SEC. 742. (a)(1) The Commissioner shall, through competitive contracts under this section, provide financial assistance for research and development proposals submitted by institutions of higher education, private and non-profit organizations. State educational agencies, and individuals. "(2) The National Institute of Education, after consultation with the Office of Bilingual Education, shall carry out a program of research in the field of bilingual education in order to enhance the effectiveness of bilingual education carried out under this title and other programs for persons who have language proficiencies other than English. "(3) The Ass'istant Secretary shall coordinate research activities of the National Institute of Education, with the Office of Bilingual Education, the National Center for Education Statistics, and other appropriate agencies, in order to develop a national research program for bilingual education. " (b) Eesearch activities authorized to be assisted under this section shall include— "(1) studies to determine and evaluate effective models for bilingual-bicultural programs; "(2) studies to determine (A) language acquisition characteristics and (B) the most effective method of teaching English within the context of a bilingual-bicultural program to students who have language proficiencies other than English;

Financial assistance. 20 USC 3252.

National research program, coordination.

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 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2282

"(3) a five-year longitudinal study in order to measure the effect of this title on the education of students who have language " (4) studies to determine the most effective and reliable methods of identification of students who should be entitled to services under this title; " (5) the operation of a clearinghouse on information for bilingual education, which shall collect, analyze, and disseminate information about bilingual education and such related programs; " (6) studies to determine the most effective methods of teaching reading to children and adults who have language proficiencies other than English; "(7) studies to determine the effectiveness of teacher training preservice and inservice programs funded under this title; "(8) studies to determine the critical cultural characteristics of selected groups of individuals assisted under this title for purposes of teaching about culture in the program. "(c) In carrying out their responsibilities under this section, the Commissioner and the Director of the National Institute of Education shall provide for periodic consultation with representatives of State and local educational agencies and appropriate groups and organizations involved in bilingual education. Research request "(d) The Assistant Secretary shall publish and disseminate all proposals, requests for proposals in research and development assisted under this publication and title. dissemination. "(e) The Commissioner and the Director of the National Institute of Education shall, through competitive contracts with appropriate public agencies and private institutions and organizations, develop and disseminate instructional materials and equipment suitable for bilingual education programs. The quality of materials developed pursuant to this subsection shall be comparable to the quality of materials provided in classrooms for English dominant children. In the development of instructional materials for the purpose of this subsection, the availability of materials already in existence from private and public sources shall be taken into account, and special attention shall be given to language groups for whom private organizations are unlikely to develop such materials. Appropriation "(f) There is authorized to be appropriated for the fiscal year 1979 authorization. and for each succeeding fiscal year ending prior to October 1, 1983, $20,000,000 to carry out the provisions of this section. •
 * proficiencies other than English;

"PART D—CONTINUED BILINGUAL EDUCATION ASSISTANCE

"ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES ELIGIBLE UNDER THE EMERGENCY SCHOOL AID ACT

Grants and contracts.

20 USC 3261.

"SEC. 751. (a)(1) The Commissioner, from funds appropriated under subsection (c), shall carry out a program to meet the needs of minority group children (as such term is defined for purposes of title VI) who are from an environment in which a dominant language is other than English and who, because of language barriers and cultural differences, do not have equality of educational opportunity. The Commissioner shall, for fiscal year 1980, allot to each local educational agency an amount which bears the same ratio to such funds as the amount such agency received under section 708(c) of the Emergency

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1003

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2283

School Aid Act for fiscal year 1979, bears to the total amount of funds 20 USC 1607. available under such section. From such allotment the Commissioner is authorized to make grants to and contracts with— " (A) private nonprofit agencies, institutions, and organizations to develop curricula, at the request of one or more local educational agencies which are eligible for assistance under section 606 of this Act, designed to meet the special educational needs of -Ante, p. 2254. minority group children who are from environments in which a dominant language is other than English, for the development of < < reading, writing, and speaking skills, in the English language and in the language of their parents or grandparents, and to meet the educational needs of such children and their classmates to understand the history and cultural background of the minority groups of which such children are members; "(B) local educational agencies which are eligible for assistance under such section 606 for the purpose of engaging in such activities; or \ "(C) local educational agencies which are eligible to receive assistance under such section 606, for the purpose of carrying out activities to implement curricula developed under clauses (A) and (B) or curricula otherwise developed which the Commissioner determines meets the purposes stated in clause (A). In making grants and contracts under this paragraph, the Commissioner shall assure that sufficient funds remain available to provide for grants and contracts under clause (C) of this paragraph for implementation of such curricula as the Commissioner determines meet the purposes stated in clause (A) of this paragraph. In making a grant or contract under clause (C) of this paragraph the Commissioner shall take whatever action is necessary to assure that the implementation plan includes provisions adequate to ensure training of teachers and other ancillary educational personnel and meets the requirements of section 721(b)(3)(C)(ii). "(2)(A) In order to be eligible for a grant or contract under this subsection— "(i) a local educational agency must establish a program or project committee meeting the requirements of subparagraph (B), which will fully participate in the preparation of the application under this subsection and in the implementation of the program or project and join in submitting such application; and "(ii) a private nonprofit agency, institution, or organization must (I) establish a program or project board of not loss than ten members which meets the requirements of subparagraph (B) and which shall exercise policymaking authority with respect to the program or project, and (II) have demonstrated to the Commissioner that it has the capacity to obtain the services of adequately trained and qualified staff. "(B) A program or project committee or board, established pursuant to subparagraph (A), must be broadly representative of parents, school officials, teachers, and interested members of the community or communities to be served, not less than half of the members of which shall be parents and not less than half of the members of which shall be members of the minority group the educational needs of which the program or project is intended to meet. "(3) All programs or projects assisted under this subsection shall be specifically designed to complement any programs or projects car-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1004

 92 STAT. 2284 Ante, p. 2254.

Appropriation authorization.

PUBLIC LAW 95-561—NOV. 1, 1978 ried out by the local educational agency under section 606 of the Act. The Commissioner shall insure that programs of Federal financial assistance related to the purposes of this subsection are coordinated and carried out in a manner consistent with the provisions of this subsection, to the extent consistent with other law. " (b) All programs or projects assisted under subsection (a) shall be part of a program of bilingual-bicultural education. "(c) There are authorized to be appropriated to carry out subsection (a) $15,000,000 for fiscal year 1980, $20,000,000 for fiscal year 1981, $25,000,000 for fiscal year 1982, and $30,000,000 for fiscal year 1983.". TITLE VIII—ESTABLISHMENT OF A NEW TITLE VIII AND A N E W TITLE IX O F THE E L E M E N T A K Y AND S E C O N D A E Y E D U C A T I O N ACT O F 1965 COMMUNITY EDUCATION PROGRAM

20 USC 881, 883, 884, 885, 887c, 887e, 3381 to 3386. Community Schools and Comprehensive Community Education Act of 1978. 20 USC 3281.

SEC. 801. The Act is amended by— (1) redesignating title VIII and all references thereto as title IX; (2) redesignating sections 801, 803(c), 804, 805, 810, and 812, as sections 1001, 1002, 1003, 1004, 1005, and 1006, respectively; and (3) inserting after title VTI the following new title: "TITLE VIII—COMMUNITY SCHOOLS uS H O R T

TITLE

"SEC. 801. This title may be cited as the 'Community Schools and Comprehensive Community Education Act of 1978'. uSTATEMENT

20 USC 3282.

AUTHORIZED

OF F I N D I N G S AND

POLICY

"SEC. 802. (a) The Congress finds that— "(1) the school is an integral part of the local human service delivery system; " (2) the school is a primary institution for the delivery of services and may be the best instrument for the coordination of frequently fragmented services, including benefits obtained by energy savings and parental involvement in the delivery of such services; "(3) community education promotes a more efficient use of public education facilities through an extension of school buildings and equipment; "(4) as the primary educational institution of the community, the school is most effective when it involves the people of that community in a program to fulfill the educational needs of individuals of the community; and "(5) community schools provide a great potential for the use of needs assessment as a basis for human resources policies. " (b) I t is the purpose of this title— "(1) to provide in collaboration with other public and nonprofit agencies educational, recreational, cultural, and other related community and human services, in accordance with the

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1005

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2285

needs, interests, and concerns of the community through the expansion of community education programs; "(2) to coordinate the delivery of social services to meet the needs and preferences of the residents of the community served by the school; " (3) to provide for an efficient, energy-conserving use of school facilities; and "(4) to provide for a research and development emphasis in community education which can contribute to an improved formulation of P^ederal, State, and local policy. "DEFINITION

or

COMMUNITY EDUCATION

PROGRAM

"SEC. 803. For the purpose of this title, a 'community education 20 USC 3283. program' means a program in which a public building, including but not limited to, a public elementary or secondary school, or a community or junior college (or a related extension center), is used as a community center operated by a local educational agency in conjunction with other groups in the community, community organizations, and local governmental agencies, to provide educational, recreational, health care, cultural, and other related community and human services for the community that the center serves in accordance with the needs, interests, and concerns of that community. u S T A T E PROGRAMS FOR COMMUNITY E D U C A T I O N

"SEC. 804. (a) The Commissioner is authorized to make grants to Grants. State educational agencies in accordance with the provisions of this 20 USC 3284. title, to pay the Federal share of the cost of planning, establishing, expanding, and operating community education programs. "(b) There are authorized to be appropriated to carry out the pro- Appropriation visions of subsection (a) of this section $40,000,000 for fiscal year authorization. 1979, $50,000,000 for fiscal year 1980, $60,000,000 for fiscal year 1981, $50,000,000 for fiscal year 1982, and $40,000,000 for fiscal year 1983. "ALLOTMENT

"SEC. 805. (a)(1) From the funds appropriated pursuant to section 20 USC 3285. 804, the Commissioner shall allot not more than 1 per centum among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and Bureau of Indian Affairs schools, according to their respective needs. "(2) From the remainder of such sums the Commissioner shall allot to each State an amount which bears the same ratio to such remainder as the population of the State bears to the population of all States except that no State shall receive less than $50,000 in any fiscal year. "• For the purpose of this subsection, the term 'State' does not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. "(b) That portion of any State's allotment under subsection (a) for a fiscal year which the Commissioner determines will not be required for the period such allotment is available, for carrying out the purposes of this title, shall be available for reallotment from time to time on such date during such period as the Commissioner may fix, to other States in proportion to the original allotment to such States

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1006

 92 STAT. 2286

PUBLIC LAW 95-561—NOV. 1, 1978 under subsection (a) for such year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum which the Commissioner estimates will be needed in such State and will be used for such period for carrying out applications approved under this title, and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts are not so reduced. Any amount reallotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (a) for such year. " U S E OF COMMUNITY EDUCATION PROGRAMS FOR N O N - FEDERAL C O N T R I B U -

T I O N IN CERTAIN FEDERAL PROGRAMS

20 USC 3286.

"SEC. 806. (a) Notwithstanding any other provision of law, any State or local public agency may use the fair value of any community service program assisted under this title as part or all of the nonFederal contribution required under any program set forth in subsection (b) of this section, if— "(1) a portion of any program set forth in subsection (b) is implemented in any building conducting a community education program assisted under this title, and "(2) there is a necessary relationship between such portion of the program set forth in subsection (b) and any element of the community education program assisted under this title. "(b) Programs to which subsection (a) applies are— 42 USC 201 note. " (1) the Public Health Service Act, 42 USC 2921. " (2) the Headstart-Follow Through Act, 42 USC 1397. " (3) title X X of the Social Security Act, relating to child care and day care and other services, "(4) the youth employment demonstration programs author29 USC 801 note. ized under the Comprehensive Employment and Training Act, 42 USC 3000 " (5) the Older Americans Act of 1965, note. ^ "(6) the Vocational Education Act of 1963, 20 USC 2301 «(7) the Adult Education Act, 20*USC 1201 " f ^5 title I and title X of the Higher Education Act of 1965, jjjj^g relating to community services and continuing education pro20 USC 1001 grams and community college programs, 1135. ' "(9) titles I through IV and VI through IX of the EcSonomic 42 USC Opportunity Act of 1964 (also known as the Community Services 2711-2902, Act of 1974), 2941-2996. " (iQ) the Legal Services Corporation Act, 42 USC 2996 « (n) Safe Streets and Omnibus Crime Control Act of 1968, 42*USC 3701 "(12) science education programs assisted under the National,! jjQ^g Science Foundation Act of 1950, 42 USC 1861 " (13) the Eehabilitation Act of 1973, and note. "(14) such other community service programs as the Assist29 USC 701 note. ant Secretary deems appropriate. (C.

USES OF FUNDS

20 USC 3287.

"SEC. 807. Payments made under this title to any State educational agency and to any local educational agency, either directly by the Commissioner under section 809 or in accordance with a State plan approved under section 808, may be used by such State and local educational agencies for the Federal share of the cost of planning,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1007

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2287

establishing, expanding, and operating community education programs including— "(1) educational, cultural, recreational, health care, and other related community and human services, whether or not in the form of formal courses, "(2) activities making the school or other public facilities and equipment available for use by public agencies and private nonprofit organizations, individuals and groups in the community, " (3) preventive health, dental care, and nutrition, "(4) special programs for particular target groups, such as older persons, "(5) services designed to eliminate the high incidence of suspension, expulsion, and other disciplinary action involving chronically maladjusted students, "(6) services for students who withdraw from school before completing secondary school requirements, regardless of age or time of withdrawal, "(7) services for mentally or physically handicapped individuals or other health impaired individuals, "(8) rehabilitation purposes for juvenile and adult offenders, "(9) parent education for care, development, and education of handicapped children, "(10) training programs in institutions of higher education for the purpose of assisting full-time training for personnel who are engaged in or who intend to engage in community education programs, "(11) specialized high schools or schools within schools organized around particular interests such as the arts, or using flexible scheduling and summer learning programs to take into account special needs of students, or creating interrelationships between secondary schools and such community resources as museums, cultural centers, and institutions of higher education, "(12) development of means to use technology to improve the relationship between the school, the home, and community resources such as libraries, museums, and cultural centers, "(13) early childhood and family education grants for programs operated by State and local education agencies and public and private, nonprofit agencies or organizations for children below age six, which may include identification of potential barriers to learning, education of parents in child development, family serv., ices, education for parenthood programs and referral services, and " (14) leisure education. ((STATE

PLAN

"SEC. 808. (a) A n j State desiring to participate in the pro^ara 20 USC 3288. authorized by this title shall submit through its State educational agency to the Commissioner a plan, in such detail as the Commissioner deems necessary. Each such plan shall provide satisfactory assurance— "(1) that payments made under this title will be used for community education programs described in section 807, and to the extent practicable such payments will be used to expand community education programs of the schools of local educational agencies within the State;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1008

 92 STAT. 2288

s.

,i

PUBLIC LAW 95-561—NOV. 1, 1978 "(2) that provide, after consultation with the appropriate State agencies, the State will develop a ten-year plan for the coordination of education programs with all relevant community services, including but not limited to State and local recreation authorities and associations; "(3) that 80 per centum of the amounts received Tby the State from its allotment will be distributed among local educational agencies within the State with due regard for such factors as the size of the population to be served by the community education program of the local educational agency; "(4) that community education programs assisted under this part will, to the extent feasible, serve all age groups within the community, including preschool children, children and youth in school, out of school youths, adults, and senior citizens as well as groups in the community with special needs for community education program services, such as individuals with limited speaking ability, mentally and physically handicapped individuals, and other health impaired individuals; "(5) that the community education program will include procedures for the systematic and effective identification and documentation of the needs and concerns of the community; "(6) that the community education program will provide for the identification and use of existing educational, cultural, recreational, health care, and other resources outside the school or other public facility (including the services of volunteers) and will contain provisions to encourage the use of cooperative arrangements with public and private agencies to make the maximum use of existing resources within the community; "(7) the community education program will provide for the active and continuous involvement on an advisory basis of institutions, groups, and individuals in the community to be served by the program and the active and continuous involvement of parents of school children in the planning, development, and implementation of programs; " (8) that the State educational agency will establish procedures for submitting applications by local educational agencies within that State for payments under this title, for approval by the State educational agency, including appropriate procedures to assure that the State educational agency concerned will not disapprove an application of any local educational agency without notice and opportunity for a hearing; "(9) that the State will pay from non-Federal sources the remaining cost of carrying out the State plan; "(10) that the State educational agency, from the funds received by it under section 804 for any fiscal year, will reserve not to exceed 15 per centum of such funds for the administration of the State plan, technical assistance to local educational agencies, the conduct of conferences and dissemination activities among local educational agencies within the State and other community service agencies, the coordination between local educational agencies, community colleges, and other institutions of higher education in the State with respect to the coordination of the delivery of social services, with particular emphasis on the application of section 806 and the training and conversion activities authorized by section 812 of this title; and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1009

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2289

''(11) that effective procedures will be adopted to evaluate the effectiveness of the community education programs assisted under this title (including where possible payments made directly under section 809). "(b) The Commissioner shall approve a State plan which meets the requirements of subsection (a), and he shall not finally disapprove a State plan except after reasonable notice and opportunity for a hearing to the State educational agency.

Notice and hearing.

GRANTS TO LOCAL EDUCATIONAL AGENCIES

809. (a) The Commissioner is authorized to make grants to 20 USC 3289. local educational agencies for the Federal share of the cost of planning, establishing, expanding, and operating community education programs including any use described in section 807, whenever the Commissioner determines, pursuant to an application filed under paragraph (2), that the community education program for which application is made under subsection (b) holds reasonable promise of success and is in substantial compliance with the requirements of section 808 (a)(4). (5), (6),and (7). '' (b) Xo grant may be made under this section unless an application is made to the Commissioner at such time, in such manner, and containing or accompanied by such information, as the Commissioner may reasonably require. "(c) There are authorized to be appropriated $20,000,000 for fiscal Appropriation year 1979, $25,000,000 for fiscal year 1980, $30,000,000 for fiscal year authorization. 1981, $25,000,000 for fiscal year 1982, and $20,000,000 for fiscal year 1983 to carry out the provisions of this section. ''SEC.

"GRANTS TO PUBLIC AGENCIES AND NONPROFIT ORGANIZATIONS FOR DELIVERY OF C 0 5 I M U N I T Y SERVICES THROUGH COMMUNITY EDUCATION

"SEC. 810. (a) The Commissioner is authorized to make grants to 20 USC 3290. and contracts with public agencies and nonprofit private organizations to encourage the use of school facilities and other facilities eligible to receive assistance under this title for the efficient and coordinated delivery of community services set forth in sections 806(b) and 807. Kach such application shall contain provisions to assure that the public agency or nonprofit private organization making application has entered or will enter into contractual arrangements or other suitable forms of agreement with the local educational agency concerned. "(b) Xo grant may be made under the provisions of this section unless an application is made to the Commissioner at such time, in such manner and containing or accompanied by such information, as • the Commissioner may reasonably require. "(c) There are authorized to be appropriated $5,000,000 for fiscal Appropriation year 1979. $7,000,000 for fiscal year 1980, $10,000,000 for fiscal year authorization. 1981, $7,000,000 for fiscal year 1982, and $5,000,000 for fiscal year 1983 to carry out the provisions of this section. " N A T P O N A L LEADERSHIP AND P L A N N I N G

"SEC. 811. (a) The Assistant Secretary shall undertake certain 20 USC 3291. national leadership and planning activities in order to assist the purposes of this title. Such activities include but are not limited to national

39-194 O-

-pt. 2

64: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1010

 92 STAT. 2290

Appropriation authorization.

PUBLIC LAW 95-561—NOV. 1, 1978 leadership, including publications, convening of national conferences, and other dissemination activities to provide information of successful community education programs and activities. "(b) There are authorized to be appropriated for fiscal year 1979 and for each fiscal year ending prior to October 1, 1983, $5,000,000 to carry out the provisions of this section. " T R A I N I N G OF COMMUNITY EDUCATION

20 USC 3292.

Appropriation authorizations.

PERSONNEL

"SEC. 812. (a) The Commissioner is authorized to make grants to institutions of higher education for the purpose of providing full-time and part-time training for personnel who are engaged in or who intend to engage in community education programs. "(b)(1) No grant may be made under the provisions of this section unless an application is made at such time, in such manner, and containing or accompanied by such information as the Commissioner may I'easonably require. "(2) No grant may be entered into under the provisions of this section unless provision is made in the application for the institution of higher education to consult with appropriate State and local educational agencies. "(c) There are authorized to be appropriated $5,000,000 for fiscal year 1979, $10,000,000 for fiscal year 1980, $15,000,000 for fiscal year 1981, $10,000,000 for fiscal year 1982, and $5,000,000 for fiscal year 1983 to carry out the provisions of this section. "RESEARCH

20 USC 3293.

Appropriation authorizations.

"SEC. 813. (a) In conjunction with the planning activities required of the Assistant Secretary for Education under section 811 of this title, the Director of the National Institute of Education shall carry out a program of research on community education programs, from sums available under subsection (b) of this section. Such research shall include an analysis of program impact with respect to individuals and communities, the importance of parental involvement, school vandalism and violence, and the effect of non-Federal funds contributed under provisions of section 815 of this title. "(b) There are authorized to be appropriated $1,000,000 for fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1983, to carry out the provisions of this section. '

20 USC 3294. ''

•

20 USC 1233.

"ADMINISTRATION

"SEC. 814. (a) The Commissioner shall establish or designate a clearinghouse to gather and disseminate information received from community education programs, including but not limited to, information regarding new programs, methods to encourage community participation, methods of "formulating and conducting needs assessments, and the ways of coordinating community education programs with other community services, with particular emphasis upon the coordination of delivery of community services described in section 806(b). The Commissioner is authorized to contract with public agencies or private organizations to establish and operate the clearinghouse. "(b)(1) There is established, subject to part D of the General Education Provisions Act, in the Office of the Commissioner, a Community

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1011

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2291

Education Advisory Council (referred to in this section as the 'Advisory Council') to be composed of eleven members. The members of the Advisory Council shall be appointed by the Secretary, without regard to political affiliation. "(2) A substantial number of the members of the Advisory Council shall be individuals experienced in the operation of community education programs and the training of such individuals. The Council shall include participants and consumers of community education programs. "(3) Appointments to the Advisory Council shall be completed •' within three months after enactment of this title. Individuals serving in any predecessor Community Education Advisory Council may be appointed under this subsection. "(4) The Commissioner shall make available to the Advisory Council such staff, information, and other assistance as it may require to carry out its activities. "(5) The Advisory Council shall advise the Commissioner on policy mattters relating to the interests of community schools and the community education program authorized by this title. "(6) The Advisory Council shall advise the National Institute of Education with respect to the research concerning community education programs, and shall advise the Office of Education with respect to the evaluation of such programs. The Council shall present to Congress a complete and thorough assessment of the programs and operation of this section for each fiscal year. "(7) No member of the Council shall evaluate any community education program if such member is associated with that program as a consultant, technical advisor, or in any other similar capacity. "(c) The program authorized by this part shall be under the authority of the Executive Deputy Commissioner for Educational Programs. "(d)(1) There are authorized to be appropriated for the fiscal year Appropriation 1979 and for each fiscal year ending prior to October 1, 1983, $500,000 authorizations, to carry out the provisions of subsection (a) of this section. "(2) There are authorized to be appropriated for fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1983, $500,000 to carry out the provisions of subsection (b) of this section. "(3) There are authorized to be appropriated for fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1983, such sums, but not to exceed $1,000,000 in any fiscal year, as are necessary to provide for the administration of this title. u FEDERAL

SHARE

"SEC. 815. (a) The Federal share of the cost of the State plan 20 USC 3295. approved under section 807 shall be 80 per centum for fiscal year 1979, 70 per centum for fiscal year 1980, 50 per centum for fiscal year 1981, 30 per centum for fiscal year 1982, and 20 per centum for the fiscal year 1983. "(b) The Federal share of the cost of applications of local educational agencies approved under section 808 shall be 90 per centum for fiscal years 1979 and 1980, 80 per centum for the fiscal year 1981 and each of the two succeeding fiscal years. "(c) The Federal share of the cost of grants to nonprofit organizations under section 809 shall be 90 per centum for fiscal years 1979 and 1980, and 80 per centum for the fiscal year 1981 and for each of the two succeeding fiscal years.".

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 CHAPTER XV

THE CHILDREN'S PARTY

little black kitten that Freddie had brought home from the department store was a great friend to everybody in the Bobbsey house and all loved the little creature very much.

At first Freddie started to call the kitten Blackie, but Flossie said that wasn't a very "'ristocratic" name at all.

"I'll tell you what," said Bert jokingly, "let's call him Snoop," and in spite of all efforts to make the name something else Snoop the cat remained from that time to the day of his death.

He grew very fat and just a trifle lazy, nevertheless he learned to do several tricks. He could sit up in a corner on his hind legs, and shake hands, and when told to do so would jump through one's arms, even if the arms were quite high up from the floor.

title: Page:The Bobbsey Twins.djvu/138


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1012

 92 STAT. 2292

PUBLIC LAW 95-561—NOV. 1, 1978 ADDITIONAL PROGRAMS AUTHORIZED

SEC. 802. The Act is amended by adding after title X III, as added by section 801, the following new title: "TITLE IX—ADDITIONAL PROGRAMS Gifted and Talented Children's Education Act of 1978. 20 USC 3311.

" P A R T A — G I F T E D AND TALENTED

uSHORT

PURPOSE

" SEC. 901. (a) This part may be cited as the 'Gifted and Talented Children's Education Act of 1978'. " (b) The Congress hereby finds and declares that— " (1) the Nation's greatest resource for solving critical national problems in areas of national concern is its gifted and talented children, " (2) unless the special abilities of gifted and talented children are developed during their elementary and secondary school years, their special potentials for assisting the Nation may be lost, and " (3) gifted and talented children from economically disadvantaged families and areas often are not afforded the opportunity to fulfill their special and valuable potentials, due to inadequate or inappropriate educational services. " (c) I t is the purpose of this part to provide financial assistance to State and local educational agencies, institutions of higher education, and other public and private agencies and organizations, to assist such agencies, institutions and organizations to plan, develop, operate, and improve program s designed to meet the special educational needs of gifted and talented children. li

20 USC 3312.

TITLE;

CHILDREN

DEFINITION

" SEC. 902. For the purposes of this part, the term 'gifted and talented children' means children and, whenever applicable, youth, who are identified a t the preschool, elementary, or secondary level as possessing demonstrated or potential abilities that give evidence of high performance capability in areas such as intellectual, creative, specific academic, or leadership ability, or in the performing and visual arts, and who by reason thereof, require services or activities not ordinarily provided by the school. a AUTHORIZATION OF APPROPRIATIONS; APPORTIONMENT OF APPROPRIATIONS

20 USC 3313.

" SEC. 903. (a) For the purpose of carrying out this part there are authoiized to be appropriated $25,000,000 for fiscal year 1979, $30,000,000 for fiscal year 1980, $35,000,000 for fiscal year 1981, $40,000,000 for fiscal year 1982, and $50,000,000 for fiscal year 1983. " (b)(1) From the amounts appropriated under subsection (a) for each fiscal year, the Commissioner shall reserve 25 per centum or $5,000,000, whichever is less, for carrying out the provisions of section 905, relating to discretionary programs. " (2) The remainder of the sums appropriated under subsection (a) for each fiscal year shall be available to carry out the provisions of section 904, relating to State programs.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1013

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2293

"STATE PROGRAMS

"SEC. 904. (a) From the amounts available in any fiscal year under 20 USC 3314. section 903(b)(2), the Commissioner shall make grants to State educational agencies for the Federal share of the cost of planning, developing, operating, and improving programs designed to meet the educational needs of gifted and talented children at the preschool, elementary, and secondary levels. Such programs may include inservice training of personnel to teach such children. "(b)(1) Except as provided in paragraph (2), to the extent funds are available in any fiscal year to carry out the provisions of this section, the Commissioner shall distribute funds so as to assure that ' each State educational agency which submits an application which fully meets all requirements of this section and is approved by the Commissioner will receive not less than $50,000 in that fiscal year. If sums appropriated for any fiscal year for making payments under this subsection are not sufficient to pay in full the amount to which each State educational agency is entitled under the previous sentence, such amounts shall be ratably reduced. "(2) In any fiscal year in which appropriations under this part equal or exceed $15,000,000, the Commissioner shall allot the amount so appropriated in accordance with the provisions of section 906. "(c) Each State educational agency desiring to receive a grant under this section shall submit an application at such time, in such manner and accompanied by such information as is necessary for the purposes of this section. Each such application shall contain assurances that— "(1) funds paid to the State educational agency will be expended solely to plan, develop, operate, and impix)ve programs and projects which— "(A) are designed to identify the educational needs of gifted and talented children, "(B) are of sufficient size, scope, and quality to hold reasonable promise of making substantial progress toward meeting such needs, and "(C) give appropriate consideration to the particular educational needs of disadvantaged gifted and talented children; "(2)(A) the State educational agency will reserve from funds made available under this section in each fiscal year not more than 10 per centum of such funds for the purpose of administration, technical assistance, coordination, and statewide planning related to programs and projects designed to meet the needs of gifted and talented children; "(B) the State educational agency will distribute, on a competitive basis, not less than 90 per centum of the funds made available under this section for payments to local educational agencies within the State which apply to the State educational agency, with due regard for the quality of activities proposed in the application of the local educational agencies; " (3) the State educational agency will use at least 50 per centum of the funds made available under this section for programs and projects which include a component for the identification and education of disadvantaged gifted and talented children from lowincome families; "(4) the State educational agency and the local educational agencies within the State may use funds made available under this

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1014

 92 STAT. 2294

Ante, p. 2234.

PUBLIC LAW 95-561—NOV. 1, 1978 section to acquire instructional equipment only if such equipment will enhance the program or project for which such funds are furnished; "(5)(A) the requirements of section 406 of this Act (relating to participation of pupils and teachers in private elementary and secondary schools) are met unless such requirements cannot legally be met in the State (as determined by the State educational agency); "(B) the State educational agency will not approve the application of a local educational agency within the State for assistance under this section unless the State educational agency determines that in designing the proposal subject to the application the needs of children in nonprofit private elementary and secondary schools have been taken into account through the consultation with private school officials and by other appropriate means; and "(6) the State educational agency will provide to local educational agencies within the State, which are unable to compete due to smaller size or lack of financial resources, technical assistance in preparing proposals and in planning, developing, and operating programs under this section. "(d) The Commissioner shall approve any application which meets the requirements of subsection (c) and not disapprove any such application without first affording an opportunity for a hearing. -

20 USC 3315. Grants.

"DISCRETIONART PROGRAMS

<

"SEC. 905. (a) From the amounts available in any fiscal year under section 903(b)(1) the Commissioner may— "(1) make grants to State educational agencies, local educational agencies, institutions of higher education, and other public and private agencies and organizationSj to assist them in establishing or maintaining programs or projects designed to meet the educational needs of gifted and talented children including the training of personnel in educating gifted and talented children or in supervising such personnel; "(2) make grants to State educational agencies to assist them, either directly or through arrangements by the State educational agencies with other institutions, agencies, and organizations eligible to receive funds under this part, to provide training of personnel engaged in the education of gifted and talented children or supervision of such personnel; "(3) enter into contracts with, and make grants to, jmblic agencies and private organizations including State and local educational agencies, to establish and operate model projects for the identification and education of gifted and talented children; " (4) make grants to, or enter into contracts with, public agencies, private organizations, or institutions which together or singly constitute a clearinghouse to disseminate information about programs, services, resources, research, methodolgy, and media materials for the education of gifted and talented children; "(5) make grants to State educational agencies to assist them in the statewide planning, development, operation, and improvement of programs and projects designed to meet the educational needs of gifted and talented children; and

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1015

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2295

" (6) conduct, either directly or by grant or contract, a program of research, evaluation, and related activities pertaining to the education of gifted and talented children and may transfer to the National Institute of Education pursuant to subsection (c) not more than 20 per centum of the sums available in any fiscal year to carry out the provisions of this section, to pay the Federal share of the cost of such grants or contracts. Not more than 20 per centum of the sums available in any fiscal year under this section may be used pursuant to clause (1) of this subsection for grants to institutions of higher education for the training of national leadership personnel. "(b)(1) No grant may be made and no contract may be entered into under this section unless an application is submitted to the Commissioner in such form, in such manner, and containing such information, as is necessary for the purposes of this section. " (2) The requirements of section 406 of this Act (relating to the Ante, p. 2234. participation of pupils and teachers in private, elementary and secondary schools) shall apply to programs and projects under this section unless such requirements cannot legally be met in the State (as determined by the State educational agency of the State in which the applicant for funds under this section is located). "(c)(1) Notwithstanding the second sentence of section 405(b)(1) of the General Education Provisions Act, the National Institute of 20 USC 1221e Education may, in accordance with the terms and conditions of section 405 of such Act, carry out a program of research and related activities pertaining to the education of gifted and talented children from funds transferred pursuant to subsection (a)(6). "(2) For purposes of this section the term 'research, evaluation and "Research, related activities' means research, research training, evaluation, sur- evaluation and veys, and demonstrations in the field of education of gifted and tal- related activities." ented children and youth or the dissemination of information derived from such research, surveys or demonstrations, and all such activities, including experimental and model schools. a STATE ALLOTMENTS

"SEC. 906. (a)(1) In any fiscal year in which appropriations for this 20 USC 3316. part are equal to or exceed $15,000,000 the Commissioner shall allot, from amounts available under section 903(b)(2), not more than 1 per centum among— "(A) Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Northern Mariana Islands; "(B) programs for children and teachers in elementary and secondary schools operated for Indian children by the Department of the Interior; and " (C) programs authorized for children and teachers in overseas > dependent schools of the Department of Defense, in accordance with their respective needs. "(2) From the remainder of such sums in any such fiscal year, the Commissioner shall allot to each State which has an application meeting the requirements of section 904, an amount which bears the same ratio to such remainder as the number of children in the State aged 5 to 17 years, inclusive, bears to the number of children in all States,

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text: Dictionary of National Biography, 1885-1900/William of Peterborough


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1016

 92 STAT. 2296

PUBLIC LAW 95-561—NOV. 1, 1978 except that no State shall receive less than $50,000 in any such fiscal year. " (3) For the purpose of this subsection the term 'State' means the several States, the Commonwealth of P u e r to Rico, and the District of Columbia. " (b) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be required for such fiscal year shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection (a) for that year but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reduction shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amounts reallotted to a State under this subsection during a year from funds appropriated under section 903 shall be deemed part of its allotment under section (a) for such year. "ADMINISTRATION"

20 USC 3317.

Ante, p. 2143.

" SEC. 907. (a) The Commissioner shall designate an administrative unit within the Office of Education to administer the programs and projects authorized by this part and to coordinate all program s for gifted and talented children and youth administered by the Office of Education. " (b) Notwithstanding any other provision of law, any Indian tribe which operates schools for its children shall be deemed to be a local educational agency for the purposes of this part. " (c) No financial assistance may be made to a local educational agency for a period in excess of 5 years. The limitation contained in this subsection shall not apply to any financial assistance extended prior to the date of enactment of the Education Amendments of 1978. "FEDERAL

20 USC 3318.

SHARE

" SEC. 908. The Federal share for any fiscal year shall be 90 per centum, except that the Federal share for the clearinghouse activities under section 905(a)(4), the research, evaluation and related activities under section 9 0 5 (a)(6), and programs and projects involving the participation of students in for nonprofit private elementary and secondary schools shall be 100 per centum. " P A R T B — E D U C A T I O N A L PROFICIENCY

STANDARDS

c GRANTS TO I M P L E M E N T EDUCATIONAL PROFICIENCY STANDARDS c

20 USC 3331.

" SEC. 921. (a) The Commissioner is authorized to make g r a n t s to any State educational agency (or to any local educational agency located in a State in which the State educational agency has not submitted an application for a g r a n t under this section) to carry out any plan approved by the Commissioner in accordance with this section to assist students in achieving levels of educational proficiency compatible with basic standards established by such educational agency. " (b)(1) E a c h applicant which desires to receive a g r a n t under this section may submit an application to the Commissioner. Any such

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1017

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2297

application shall be submitted in such form, and in accordance with such procedures, as the Commissioner shall require and shall contain an educational proficiency plan, as described in paragraph (2) of this subsection. "(2) The educational proficiency plan referred to in paragraph (1) of this subsection— "(A) shall contain a description of the educational proficiency standards established by the applicant for reading, writing, mathematics, and any other subject for which the State may require such standards; "(B) shall contain a description of the programs designed to assist students in achieving levels of educational proficiency compatible with the standards described in subparagraph (A) of this paragraph; "(C) may provide for the administration of examinations to students, at specified intervals or grade levels, to measure their reading, writing, or mathematical proficiency, or their proficiency in other subjects which the applicant considers appropriate for testing; and "(D) shall contain the assurances of the applicant that any student who fails any examination provided for under subparagraph (C) of this paragraph shall be offered supplementary instruction in the subject matter covered by such examination. "(c) The Commissioner shall award a grant to any applicant, in such amounts as the Commissioner considers appropriate, only if (1) the Commissioner approves the educational proficiency plan submitted by the applicant pursuant to subsection (b) of this section, and (2) the application submitted pursuant to such subsection satisfies all other requirements established by the Commissioner. Grants awarded under this section may be used by applicants either to continue to implement their ongoing educational proficiency plans, or to implement new plans, including the provision of supplementary instruction to be provided to students who fail the examinations. "(d) There are authorized to be appropriated to carry out this Appropriation section such sums as may be necessary for the fiscal year ending Sep- authorization. tember 30, 1979, and for each of the four succeeding fiscal years. "(e) For purposes of this section, the term 'applicant' means any "Applicant State or local educational agency which submits an application under this section. "(f) Nothing in this section shall authorize the Commissioner to impose tests on State educational agencies or local educational agencies, and no such ai?ency shall be compelled in any way to apply for funds under this section. " A C H I E V E M E N T TESTING ASSISTANCE

"SEC. 922. (a) The Commissioner is authorized, either directly or 20 USC 3332. through grants or contracts awarded to State and local educational agencies and other public agencies, organizations, and institutions, and through contracts with private agencies, organizations, and institutions, to assist State and local educational agencies to develop their capacity to conduct programs of testing the achievement in the basic skills of children in elementary and secondary schools. The activities which may be supported under this section include— "(1) disseminating information to State and local educational agencies on the availability and uses of achievement tests;

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