text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/899

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2179

" (3) that such programs and projects will be administered and carried out in a manner consistent with the basic objectives of subpart 3 of part A, other than sections 122, 123, 1 2 6 (d), and 130 thereof; _ " (4) that, i n planning and carrying out programs and projects at both the State and local educational agency level, there has been and will be appropriate consultation with parent advisory councils established in accordance with regulations of the Commissioner (consistent with the requirements of section 1 2 5 (a)); and " (5) that, in planning and carrying out programs and projects, there has been adequate assurance that provision will be made for the preschool education needs of migratory children of migratoiy agricultural workers or of migratory fishermen, whenever such agency determines that compliance with this paragraph will not detract from the operation of programs and projects described in paragraph (1) of this subsection after considering funds available for this purpose.

I,.. •

" (b) CONTINUATION o r MIGRANT S T A T U S. — For purposes of this sub-

part, with the concurrence of his parents, a migratory child of a migratory agricultural worker or of a migratory fisherman shall be deemed to continue to be such a child for a period, not in excess of five years, during which he resides in the area served by the agency carrying on a program or project under this section. Such children who are presently migrant, as determined pursuant to regulations of the Commissioner, shall be given priority in this consideration of programs and activities contained in applications submitted under this subsection.

' ' ' '"

" (c) B T - P A S S PROVISION.—If the Commissioner determines that a

State is unable or unwilling to conduct educational programs for migratory children of migratory agricultural workers o r of migratory fishermen, or that it would result in more efficient and economic administration, or that it would add substantially to the welfare or educational attainment of such children, he may make special arrangements with other public or nonprofit private agencies to carry out the purposes of this section in one or more States, and for this purpose he may use all or part of the total of grants available for any such State under this section. "COORDINATION OF MIGRANT EDUCATION ACTIVITIES "SEC.

143.

(a)

ACTIVITIES AUTHORIZED.—The

Commissioner

is

Contracts,

authorized to make g r a n t s to, or enter into contracts with. State 20 USC 2763. educational agencies to operate a system for the transfer among State and local educational agencies of migrant student records and to carry out other activities, in consultation with the States, to improve the interstate and intrastate coordination among State and local educational agencies of the educational programs available for migratory students. " (b) AUTHORIZATION OF APPROPRIATIONS.—There a r e authorized to

be appropriated for this section not more than 5 p e r centum of the total amount paid for the preceding fiscal year to State educational agencies under section 141.

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,... „. " * ''

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Page:United States Statutes at Large Volume 92 Part 2.djvu/900

 92 STAT. 2180

PUBLIC LAW 95-561—NOV. 1, 1978 " Subpart 2—Programs for Handicapped Children "AMOUNT AND ELIGIBILITY

20 USC 2771.

Grants to Puerto Rico.

" SEC. 146. (a) ELIGIBILITY FOR G R A N T. — A State agency which is directly responsible for providing free public education for handicapped children (as that term is defined in section 602(1) of the Education of the Handicapped Act), shall be eligible to receive a g r a n t under this subpart for any fiscal year. " (b) AMOUNT OF GRANT.— (1) Except as provided in sections 156 and 157, the g r a n t which a State agency referred to in subsection (a) (other than the agency for P u e r to Rico) shall be eligible to receive under this section shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (A) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (B^ in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States), multiplied by the number of such handicapped children in average daily attendance, as determined by the Commissioner, at schools for handicapped children operated or supported by the State agency, including schools providing special education for handicapped children under contract or other arrangement with such State agency, in the most recent fiscal year for which satisfactory d a t a are available. " (2) For each fiscal year, the Commissioner shall determine the percentage which the average per pupil expenditure in P u e r to Rico is of the lowest average per pupil expenditure of any of the fifty States. The g r a n t which P u e r to Rico shall be eligible to receive under this subpart for a fiscal year shall be the amount arrived at by multiplying the number of such handicapped children in P u e r to Rico by the product of— " (A) the percentage determined under the preceding sentence, and " (B) 32 per centum of the average per pupil expenditure in the United States. "(c)

^ J'.^t'M'J

COUNTING OF CHILDREN TRANSFERRING F R O M STATE TO LOCAL

PROGRAMS.—In the case where a child described in subsection (a) leaves an educational program for handicapped children operated or supported by the State agency in order to participate in such a program operated or supported by a local educational agency, such child shall be counted under subsection (b) if (1) he continues to receive an appropriately designed educational program and (2) the State agency transfers to the local educational agency in whose program such child participates an amount equal to the sums received by such State agency under this section which are attributable to such child, to be used for the purposes set forth in section 147. "PROGRAM REQUIREMENTS

20 USC 2772.

" SEC. 147. A State shall use the payments, made under this subpart only for programs and projects (including the acquisition of equipment and, where necessary, the construction of school facilities) which

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/901

 PUBLIC LAW 95-561—NOV. 1, 1978 are designed to meet the special educational needs of handicapped children. Such programs and projects shall be administered and carried out in a manner consistent with subpart 3 of part A, other than sections 122, 123, 125, 1 2 6 (d), 126(e), and 130 thereof. The State agency shall provide assurances to the Commissioner that each such child in average daily attendance counted under subsection (b) of section 146 will be provided with such a program, commensurate with his special needs, during any fiscal year for which such payments are made.

92 STAT. 2181

Mn

 * , MS>^,^

" Subpart 3—Programs for Neglected and Delinquent Children "AMOUNT AND ENTITLEMENT

" SEC. 151. (a) ENTITLEMENT TO GRANTS.—A State agency which is 20 USC 2781. directly responsible for providing free public education for children in institutions for neglected or delinquent children or in adult correctional institutions shall be entitled to receive a grant under this subpart for any fiscal year (but only if grants received under this subpart are used only for children in such institutions). " (b) A M O U N T or GRANT.— (1) Except as provided in sections 156 and 157, the g r a n t which such an agency (other than the agency for P u e r to Rico) shall be eligible to receive shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (A) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (B) in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States) multiplied by the number of such neglected or delinquent children in average daily attendance, as determined by the Commissioner, at schools for such " ' " children operated or supported by that agency, including schools providing education for such children under contract or other arrangement with such agency, in the most recent fiscal year for which satisfactory data are available. " (2) For each fiscal year, the Commissioner shall determine the per- Grants to Puerto centage which the average per pupil expenditure in Puerto Rico is of ^i<^°the lowest average per pupil expenditure of any of the fifty States. The g r a n t which P u e r to Rico shall be eligible to receive under this subpart for a fiscal year shall be the amount arrived at by multiplying the number of such neglected or delinquent children in Puerto Rico by ' the product of— " (A) the percentage determined under the preceding sentence, and " (B) 32 per centum of the average per pupil expenditure in the United States. "PROGRAM REQUIREMENT

" SEC. 152. (a) U S E OF PAYMENTS.—A State agency shall use pay- 20 USC 2782. ments under this subpart only for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of children in institutions for neglected or delinquent children or

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Page:United States Statutes at Large Volume 92 Part 2.djvu/902

 92 STAT. 2182

Ante, p. 2161.

PUBLIC LAW 95-561—NOV. 1, 1978 in adult correctional institutions. Such programs and projects shall be designed to support educational services supplemental to the basic education of such children which must be provided by the State, and such programs and projects shall be administered and carried out in a manner consistent with subpart 3 of part A, other than sections 122, 123,125,126(d), 126(e), and 130 thereof. "(b) THREE-YEAR PROJECTS.—"Where a State agency operates programs under this title in which children are likely to participate for more than one year, the State educational agency may approve the application for a grant under this subpart for a period of more than one year, but not to exceed three years. '(,TRANSITION

20 USC 2783.

SERVICES

153. (a) GRANTS AUTHORIZED.—The Commissioner is authorized to make grants to State and local educational agencies to support projects to facilitate the transition of children from State operated institutions for neglected and delinquent children into locally operated programs. Grants under this section shall be used to provide special educational services for such children in schools other than State operated institutions. "(b) APPROPRIATIONS AUTHORIZED.—There are authorized to be appropriated for the purposes of this section for any fiscal year, not to exceed 5 per centum of the amount State agencies are entitled to receive under section 151 for that year. "SEC.

"Subpart 4—General Provisions for State Operated Programs u RESERVATION OF FUNDS FOR TERRITORIES

Appropriation authorization. 20 USC 2791.

ift^ff M4 <• =

"SEC. 156. There is authorized to be appropriated for each fiscal year for purposes of each of subparts 1, 2, and 3 of this part, an amount equal to not more than 1 per centum of the amount appropriated for such year for such subparts, for payments to Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands under each such subpart. The amounts appropriated for each such subpart shall be allotted among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands according to their respective need for such grants, based on such criteria as the Commissioner determines will best carry out the purposes of this title. li

20 USC 2792.

.S0*:i'i'i vt

MINIMUM PAYMENTS FOR STATE OPERATED PROGRAMS

"SEC. 157. No State shall receive in any fiscal year prior to October 1, 1983, pursuant to subpart 1, 2 or 3 of this part an amount which is less than 85 per centum of the amount which that State received in the prior fiscal year pursuant to the comparable sections of this title as in effect immediately preceding the enactment of the Education Amendments of 1978 or the comparable subpart of this part, whichever was in effect for such prior fiscal year, and, for any fiscal year ending prior to October 1, 1982, no State shall receive, pursuant to subpart 1 of this part, an amount which is less than 100 per centum of the amount that State received in the prior fiscal year pursuant to the comparable section of this title as in effect immediately prior to the

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Page:United States Statutes at Large Volume 92 Part 2.djvu/903

 PUBLIC LAW 95-561—NOV. 1, 1978

9 2 STAT. 2183

enactment of the Education Amendments of 1978 or under subpart 1 Ante, p. 2143. of this part, whichever was in effect for such prior fiscal year. " P A R T C — S T A T E ADMINISTRATION OF PROGRAMS AND PROJECTS

" Subpart 1—Applicability; State Applications "APPLICABILITY

" SEC. 161. The provisions of this part (other than section 162 and 20 USC 2801. subpart 3) shall apply in any fiscal year i n which the provisions of section 510(b)(2) of this Act are not met. Post, p. 2247. u STATE APPLICATIONS "SEC.

162. (a)

SUBMISSION o r STATE APPLICATIONS.—Any State

20 USC 2802.

desiring to participate under this title (except with respect to the program provided for in subpart 1 of part B relating to migratory children) shall have on file with the Commissioner an application submitted by its State educational agency. " (b) CONTENTS OF STATE APPLICATION S. — E a c h application required

by subsection (a) shall contain (1) satisfactory assurances that the State educational agency will comply with the requirements of this part, and (2) such information as the Commissioner may consider necessary for him to make the findings required by section 182.

...

^^ r

" Subpart 2—Duties Imposed on State Educational Agencies "APPLICATION "SEC.

APPROVAL

164. (a) REQUIREMENTS FOR APPROVAL.— (1) A State educa-

20 USC 2811.

cational agency shall approve an application of a local educational agency or a State agency under this title if (A) such State educational agency is satisfied, after considering the factors specified in paragraph (2), that such applicant agency will use the funds received under the application in a manner which meets the requirements of this title, the General Education Provisions Act, and the rules, regulations, 20 USC 1221. procedures, guidelines, criteria, or other requirements adopted by such agency which pertain to programs and projects assisted under this title, and (B) such applicant agency is not out of compliance with a determination of the State educational agency or the Commissioner that it repay funds paid it under this title which were misused, and is ..., not out of compliance with a compliance agreement under section '"'"' 169 r e). " (2) A state educational agency may approve an application under paragraph (1), only after it has considered, where pertinent, (A) the results of Federal and State audits, (B) the results of Federal and State monitoring reports, (C) administrative complaints made by parents or other individuals concerning the applicant agency's compliance with this title, and (D) evaluations conducted under section 124(g). (b) PAYMENTS.—Except as provided in section 194, a State educational agency may make payments from funds received under this title onlv for programs and projects which it has approved under subsection (a).

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/904

 92 STAT. 2184

PUBLIC LAW 95-561—NOV. 1, 1978

Ml& 1 *--

«(c) OPPORTUNITY FOR HEARING.—A State educational agency shall not finally disapprove in whole or in part any application for funds under part A or under subpart 2 or subpart 3 of part B without first affording the local educational agency or other applicant submitting the application reasonable notice and opportunity for a hearing. u STATE

RULEMAKING

20 USC 2812.

"SEC. 165. Nothing in this title shall be deemed to prohibit a State educational agency from adopting rules, regulations, procedures,, ^. guidelines, criteria, or other requirements applicable to programs and ^ projects assisted under this title if they do not conflict with the provisions of this title, with regulations promulgated by the Commissioner implementing this title, or with other applicable Federal law. The /i-.»K •"'. '•-: Commissioner shall encourage a State educational agency, in adopting such rules, regulations, procedures, guidelines, criteria, or other requirements to recognize the special and unique needs and circumstances of the State and of each local educational agency in the State. " T E C H N I C A L A S S I S T A N C E A N D DISSEMINATION OF INFORMATION

20 USC 2813.

f H\' '>' •

i:.<,

0 1

"SEC. 166. Each State educational agency shall carry on a comprehensive program to provide technical assistance to local educational agencies and State agencies with respect to the use of funds received under this title. Such a program shall include technical assistance for management procedures, for planning, development, implementation, and evaluation of programs, and for preparation of applications, as well as other forms of technical assistance needed by local educational agencies and State agencies. Each State educational agency shall also adopt effective procedures for disseminating to local educational agencies and State agencies (1) significant and relevant information derived from educational research, (2) information about successful compensatory education projects, (3) information about other Federal and State funded programs which may provide needed health, social, and nutrition services to eligible participating children under this title, and (4) such other information as will assist local educational agencies and State agencies in planning, developing, implementing, and evaluating programs assisted under this title. "MONITORING

20 USC 2814. I i

"SEC. 167. Each State educational agency shall adopt standards, consistent with minimum standards established by the Commissioner and with the State monitoring and enforcement plan submitted under section 171, for monitoring the effectiveness of programs and projects assisted under this title. Such standards shall (1) describe the purpose and scope of monitoring; (2) specify the frequency of onsite visits; (3) describe the procedures for issuing and responding to monitoring reports, including but not limited to, the period of time in which the State educational agency must issue its report, the period of time in which the applicant agency must respond, and the appropriate followup by the State educational agency; (4) specify the methods for making monitoring reports available to parents. State and local auditors, and other persons, and (5) specify the methods for insuring that non-compliant practices are corrected.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/905

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2 1 8 5

a COMPLAINT RESOLUTION

" SEC. 168. E a c h State educational agency shall adopt written procedures for receiving complaints, or reviewing appeals from decisions of local educational agencies with respect to complaints, concerning violations of this title or applicable provisions of the General Education Provisions Act in connection with programs assisted under this title, and for conducting onsite investigations of such complaints which the State educational agency deems necessary. Such procedures shall include— " (1) specific time limits for resolving the complaint or completing the review and, if necessary, the independent onsite investigation, which shall not exceed sixty days unless exceptional circumstances exist; " (2) an opportunity for the complainant or the complainant's representative, or both, and the local educational agency involved to present evidence, including the opportunity to question parties to the dispute and any of their witnesses; " (3) the r i g h t to appeal the final resolution of the State educational agency to the Commissioner within t h i r t y days after receipt of the written decision; and " (4) dissemination, free of charge, of information concerning these procedures to interested parties, including all district and school advisory councils.

Written procedures. 20 USC 2815. 20 USC 1221.

Time limits.

Presentation of evidence.

Appeal.

a WITHHOLDING OP PAYMENTS

" SEC. 169. (a) WITHHOLDING.—Whenever a State educational 20 USC 2816. agency, after reasonable notice and opportunity for a hearing (consistent with the requirements of section 434(b) of the General Education Provisions Act) to any local educational agency or State agency. Post, p. 2342. before an impartial decisionmaker, finds that there has been a failure to comply substantially with any provision of subpart 3 of part A or subpart 2 or 3 of part B, the State educational agency shall notify such agency that further payments, in whole or in part, will not be made to it under this title until it is satisfied that there is n o longer any such failure to comply. Until it is so satisfied, no further payments shall be made to such agency under this title, except as may be provided in a ' •* compliance agreement entered into under subsection (c). P e n d i n g the outcome of any proceeding under this subsection, the State educational agency may suspend, in whole or in part, payments to such agency, after such agency has been given reasonable notice and opportunity to show cause why such action should not be taken, " (b) NOTICE TO PUBLIC OF STATE W I T H H O L D I N G. — Upon submission

to a local educational agency or a State agency of a notice that the State educational agency pursuant to subsection (a) is withholding payment, the State educational agency shall inform the district advisory council (if any) and shall take such additional action as may be necessary to b r i n g the State action to the attention of the public. " (c) COMPLIANCE AGREEMENTS.—^A State educational agency may

suspend the initiation or continuation of its withholding action under subsection (a) while there is in effect a compliance agreement with the local educational agency or State agency under this subsection. Such an agreement shall be deemed to be in effect for the period specified therein, except that if the local educational agency or State agency

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Page:United States Statutes at Large Volume 92 Part 2.djvu/906

 92 STAT. 2 1 8 6

"Compliance agreement."

20 USC 1221.

PUBLIC LAW 95-561—NOV. 1, 1978 fails to comply with the terms agreed to, such agreement shall no longer be in effect and subsection (a) shall be fully operative. I n implementing such subsection, the State educational agency shall take into account any partial compliance by such agency under such agreement. For purposes of this subsection, the term 'compliance agreement' means an agreement which— " (1) sets forth the terms and conditions to which the local educational agency or State agency has agreed in order to comply with the requirements of this title or the General Education Provisions Act and regulations promulgated thereunder, and with the applicable rules, regulations, procedures, guidelines, criteria or other requirements adopted by the State educational agency; " (2) addresses all the matters that formed the basis for the initiation of the withholding action by the State educational agency; and " (3) may consist of a series of agreements that in the aggregate dispose of all such matters. W i t h i n fifteen days after the execution of any compliance agreement, the State educational agency shall send a copy thereof to the district advisory council affected, and to each organization or person who filed a complaint with respect to any failure to comply which is covered by that agreement. . " (d) REVIEW BY THE COMMISSIONER.—A local educational agency or

20 USC 1231b-2.

State agency may, in accordance with section 425(a) of the General Education Provisions Act, appeal a final determination of the State educational agency under subsection (a) to the Commissioner. u AUDITS AND AUDIT RESOLUTION

20 USC 2817.

Written procedures.

" SEC. 170. (a) AUDITING.—Each State shall make provision for audits of the expenditure of funds received under this title to determine, at a minimum, the fiscal integrity of grant or subgrant financial transactions and reports, and the compliance with applicable statutes, regulations, and terms and conditions of the g r a n t or subgrant. Such audits shall be made with reasonable frequency considering the nature, size, and complexity of the activity. " (b) A U D I T RESOLUTION.—Each State educational agency shall have in effect written procedures meeting minimum standards established by the Commissioner, to assure timely and appropriate resolutions of audit findings and recommendations arising o u t of audits provided for in subsection (a). Such procedures shall include a description of the audit resolution process, timetables for each step of the process, and an audit appeals process. Whenever under such procedures, the audit resolution process requires the repayment of Federal funds which were misspent or misapplied, such repayment may be made in either a single payment or in installments over a period not to exceed three years. " (c) REQUIREMENT FOR R E P A Y M E N T. — A local educational agency o r

State agency shall repay from non-Federal sources or from Federal funds, no accountability for which is required to the Federal Government, the amount of funds under this title which have been finally determined through the audit resolution process to have been misspent or misapplied. " (d) REVIEW BY THE COMMISSIONER.—A local educational agency or

State agency may, in accordance with section 425(a) of the General

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/907

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2187

Education Provisions Act, appeal a final determination of the State 20 USC educational agency under subsection (b) to the Commissioner. 1231b-2. "(e) FAILURE To KEPAY.—If, following an affirmation by the Com- Notification. missioner of a final determination of a State educational agency under subsection (b) or failure by a local educational agency or State agency to seek timely review by the Commissioner, such local educational agency or State agency refuses to repay from non-Federal sources, or from Federal funds no accountability for which is required to the Federal Government, funds which have been misspent or misapplied under this title, the State educational agency shall promptly notify the Commissioner and the Commissioner shall promptly initiate collection action. "Subpart 3—Responsibilities of State Educational Agencies to Commissioner "STATE MONITORING AND ENFORCEMENT PLANS

171. (a) STATE PLAN.—Each State educational agency participating in programs under this title shall submit, at such times (at least once every three years) and in such detail as the Commissioner shall prescribe, a State monitoring and enforceemnt plan. Such plan shall set forth— "(1) a program of regular visits by State educational agency personnel to projects assisted under this title; " (2) the matters to be reviewed during such visits; "(3) procedures for verifying information provided by local educational agencies and State agencies, including the use of other information available to the State to cross-check that information; " (4) procedures for regular audits of local educational agency and State agency expenditures under this title, and procedures for the recovery of any expenditure determined not to be allowable under this title; "(5) procedures for resolving each complaint received by the State relating to programs assisted under this title, including complaints refered to the State by the Commissioner and complaints by representatives of children enrolled in private schools that those children are not receiving the services to which they are entitled under this title; and "(6) a description of the means by which the State educational agency has determined, and will continue to determine, the compliance by local educational agencies with the requirements of section 130 relating to the equitable provision of services to children enrolled in private schools. " (b) REPORT.—Each plan submitted by a State educational agency under this section shall include a report, in such form as the Commissioner shall prescribe, of the activities undertaken by the State in the years since the previous plan was filed to carry out its monitoring and enforcement efforts under this title. "SEO.

20 USC 2821.

Regular visits by personnel. Matters to be reviewed. Information verification.

..,,c.«S-:*fi

u REPORTING

"SEC. 172. Each State educational agency shall make to the Com- 20 USC 2822. missioner (1) periodic reports (including the results of objective measurements required by section 124(g) and of research and replication Ante, p. 2164.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/908

 92 STAT. 2 1 8 8

"' -

•••

PUBLIC LAW 95-561—NOV. 1, 1978 studies) evaluating the effectiveness of payments under this title and of particular programs assisted under it in improving the educational attainment of educationally deprived children, and (2) such other reports as may be reasonably necessary to enable the Commissioner to perform his duties mider this title (including such reports as he may require to determine the amounts which the local educational agencies of that State are eligible to receive for any fiscal year), ''RECORDKEEPIXG, FISCAL CONTROI>, AND F l ' X D ACCOUNTING

20 USC 2823.

" ^

''SEC. 173. E a c h State educational agency which receives funds under this title shall use fiscal control and fund accounting procedures that will ensure proper disbursement of, and accounting for, funds made available under this title, and keep such records, and afford access thereto, as the Commissioner shall prescribe, including records which fully disclose the amount and disposition by such agency of such funds, the total cost of programs and projects in connection with which such funds are used, the amount of that portion of the cost of the program and project supplied by other sources, and such other records as will facilitate an effective audit. "PROHIBITIOX OF CONSIDERATION OF FEDERAL AID I N DETERMINING STATE AID

20 USC 2824.

''SEC. 174. Xo State shall take into consideration payments under this title in determining the eligibility of any local educational agency in that State for State aid, or the amount of State aid, with respect to free public education of children. " P A R T D — FEDERAL ADMINISTRATION OF PROGRAMS AND PROJECTS "APPLICABILITY

20 USC 2831.

" SEC. 181. I n addition to other requirements contained in this part, the requirements of the General Education Provisions Act which relate to Federal administration of elementary and secondary education programs shall apply to programs carried out under this title. uAPPROVAL OF APPLICATIONS

20 USC 2832.

Post, p. 2343.

Post, p. 2349.

" SEC. 182. (a) REQUIREMENT FOR APPROVAL.—The Commissioner

shall not approve an application under section 162 until he has made specific findings, in writing, that (1) the application and the State monitoring and enforcement plan required under section 171 comply with this title, and (2) that he is satisfied that the assurances in such application and the assurances contained in its general application under section 435 of the General Education Provisions Act (where applicable) will be carried out. " (b) HEARINGS.—T^e Commissioner shall, in accordance with the procedures set forth in section 453 of the General Education Provisions Act, not finally disapprove an application under section 142 or section 162 except after notice and opportunity for a hearing to the State educational agency. ,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/909

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2189

u PROGRAM EVALUATION " SEC. 183. (a) INDEPENDENT EVALUATIONS.—The Commissioner shall

20 USC 2833.

provide for independent evaluations which describe and measure the impact of programs and projects assisted under this title. Such evaluations may be provided by contract or other arrangements, and all such evaluations shall be made by competent and independent persons, and shall include, whenever possible, opinions obtained from program or project participants about the strengths and weaknesses of such programs and projects. "(b)

EVALUATION STANDARDS AND S C H E D U L E. — The Commissioner

Standards, publication.

shall (1) develop and publish standards foi- evaluation of program or project effectiveness in achieving the objectives of this title, and (2) develop, in consultation with State educational agencies and representatives of local educational agencies, a schedule for conducting evaluations under section 124(g) designed to ensure that evaluations are conducted in representative samples of the local educational agencies in any State each year. Such standards will be developed only Consultation and after widespread consultation and hearings with practicing StaAe and hearings. local agency evaluators, and the Commissioner's standards will reflect the input of these groups. " (c) JOINT L Y SPONSORED STUDIES.—The Commissioner shall consult

with State and local educational agencies in order to provide for jointly sponsored objective evaluation studies of programs and projects assisted under this title within a State. " (d) EVALUATION MODELS.—The Commissioner

shall

provide

to

State educational agencies, models for evaluations of all programs conducted under this title, for their use in carrying out their functions under section 172, which shall include uniform procedures and criteria to be utilized by local educational agencies and State agencies as well as by the State educational agency in the evaluation of such programs. I n developing evaluation design models the Commissioner shall consult with State and local evaluators experienced in conducting such evaluations. " (e) TECHNICAL ASSISTANCE.—The Commissioner shall provide such technical and other assistance as may be necessary to State educational agencies to enable them to assist local educational agencies and State agencies in the development and application of a systematic evaluation of programs in accordance with the models developed by the Commissioner. " (f) SPECIFICATION OF OBJECTIVE CRITERIA.—The models developed

by the Commissioner shall specify objective criteria which shall be utilized in the evaluation of all programs and shall outline techniques (such as longitudinal studies of children involved in such programs) and methodology (such as the use of tests which yield comparable results) for producing data which are comparable on a statewide and nationwide basis. " (g) REPORT TO CONGRESS.—The Commissioner shall make a report to the respective committees of the Congress having legislative jurisdiction over programs authorized by this title and the respective Committees on Appropriations no later than February 1, 1980, 1982, and 1984 concerning the results of evaluations of programs and projects required under this section, which shall be comprehensive and detailed, as up-to-date as possible, and based to the maximum extent possible on objective measurements, together with other related find-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/910

 92 STAT. 2 1 9 0

PUBLIC LAW 95-561—NOV. 1, 1978 ings and evaluations and his recommendations with respect to legislation. " (h) INFORMATION DISSEMINATION.—The Commissioner shall also

develop a system for the gathering and dissemination of the results of evaluations and for the identification of exemplary programs and projects, or of particularly effective elements of programs and projects, and for the dissemination of information concerning such programs and projects or such elements thereof to State agencies and local educational agencies responsible for the design and conduct of programs and projects under this title, and to the education profession and the general public. " (i) MAXIMUM EXPENDIITJRES.—The Commissioner is authorized,

ft'tf

out of funds appropriated to carry out this title in any fiscal year, to expend such sums as may be necessary to carry out the provisions of this section, b u t not to exceed one-half of 1 per centum of the amount appropriated for such programs. I n carrying out the provisions of this section, the Commissioner shall place priority on assisting States, local educational agencies, and State agencies to conduct evaluations and shall, only as funds are available after fulfilling that purpose, seek to conduct any national evaluations of the program. <

Written procedures. 20 USC 2834. 20 USC 1221.

Time limits.

Presentation of evidence. Notification.

Dissemination of information.

"COMPLAINT RESOLUTION

" SEC. 184. The Commissioner shall develop and implement written procedures for receiving and resolving appeals from final resolutions of State educational agencies with respect to complaints concerning violations of this title or of applicable provisions of the General Education Provisions Act in connection with programs under this title, for receiving such complaints directly' from parent advisory councils, parents, teachers, or other concerned organizations or individuals, and for conducting independent onsite investigations of complaints if the Commissioner deems necessary. Such procedures shall include— " (1) specific time limits for resolving the complaint or for completing the review and any necessary independent investigation, which shall not exceed sixty days unless exceptional circumstances exist; " (2) an opportunity for the complainant, the complainant's representative, the local educational agency and the State educational agency to present evidence; " (3) a requirement that the complainant, the complainant's representative, the local educational agency, the State educational agency. State agency, the district parent advisory council, and appropriate school-parent advisory councils shall be notified, in writing, within ten days after the resolution of the appeal of the n a t u r e of the resolution, the reasons therefor, and the r i g h t to a n administrative a p p e a l; and " (4) dissemination of information concerning the procedures. u A U D I T S A N D AUDIT RESOLUTION

20 USC 2835.

" SEC. 185. (a) AUDITING.—The Inspector General of the Department of Health, Education, and Welfare shall make provision for audits of grants made under this title to determine, a t a minimum, the fiscal integrity of grant or subgrant financial transactions and reports, and the compliance with applicable statutes, regulations, and terms and conditions of the g r a n t or subgrant.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/911

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2 1 9 1

" (b) A U D I T RESOLUTION AND R E P A Y M E N T. — The Commissioner shall

Procedures.

adopt procedures to assure timely and appropriate resolution of audit findings and recommendations arising out of audits provided for in subsection (a). Such procedures shall include timetables for each step Timetables. of the audit resolution process and an audit appeals process. Where, under such procedures, the audit resolution process requires the repayment of Federal funds which were misspent or misapplied, the Commissioner shall require the repayment of the amount of funds under this title which have been finally determined through the audit resolution process to have been misspent or misapplied. Such repayment may be made from funds derived from non-Federal sources or from Federal funds no accountability for which is required to the Federal Government, Such repayments may be made in either a single payment or in installment payments over a period not to exceed three years. "WITHHOLDING OF PAYMENTS

" SEC. 186. (a) WITHHOLDING.—Whenever the Commissioner, after Notice and reasonable notice to any State educational agency and an opportunitj'^ hearing. for a hearing on the record, finds that there has been a failure to com- 20 USC 2836. ply substantially with any assurance set forth in the application of that State approved under section 142 or 162, the Commissioner shall notify the agency that further payments will not be made to the State under this title (or, in his discretion, that the State educational agency shall reduce or terminate further payments under this title to specified local educational agencies or State agencies affected by the failure) until he is satisfied that there is no longer any such failure to comply. U n t i l he is so satisfied, (1) no further payments shall be made to the State under this title, or (2) payments by the State educational agency under this title shall be limited to local educational agencies and State agencies not affected by the failure, or (3) payments to particular local educational agencies or State agencies shall be reduced, as the case may be. Where partial payments to a local educational agency are continued under this subsection, the expenditure of the payments shall be subject to such conditions as the Commissioner deems appropriate in light of the failure which led to the partial withholding. I n the case of a substantial and continuing violation, the Commissioner may suspend payments to such agency, after such agency has been given reasonable notice and opportunity to show cause why such action should not be taken. " (b) NOTICE TO P U B L I C OF COMMISSIONER W I T H H O L D I N G. — Upon sub-

mission to a State of a notice under subsection (a) that the Commissioner is withholding payments, the Commissioner shall take such action as may be necessary to b r i n g his action to the attention of the public within the State. " (c) COMPLIANCE A G R E E M E N T. — (1) The Commissioner may suspend

the initiation or continuation of his withholding action under subsection (a) during any period there is in effect a compliance agreement with the State educational agency under this subsection. Such an agreement shall be deemed to be in effect for the period specified therein, except that if the State educational agency fails to comply with the terms agreed to, such an agreement shall no longer be in effect and subsection (a) shall be fully operative. I n implementing such subsection, the Commissioner shall take into account any partial compliance by such agency under such agreement.

Suspension of withholding action.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/912

 92 STAT. 2192

PUBLIC LAW 95-561—NOV. 1, 1978

"(2) For the purpose of this subsection, the term 'compliance agreement, means an agreement which— "(A) sets forth the terms and conditions to which the State or local educational agency or State agency has agreed in order to comply with the requirements of this title or the General Education Provisions Act and regulations promulgated thereunder; "(B) addresses all the matters that formed the basis for the initiation of the withholding action by the Commissioner; and "(C) may consist of a series of agreements that in the aggregate dispose of all such matters. Hearing. " (3) In any case in which a State educational agency desires to enter into a compliance agreement, but alleges that full compliance with the requirements of this title is genuinely not feasible until a further date, the Commissioner shall hold a hearing at which that agency shall have the burden of demonstrating that immediate compliance is not feasible. The Commissioner shall provide an opportunity for parents, their representatives, and other interested parties to participate in that hearWritten findings. ing. If the Commissioner determines, on the basis of all the evidence presented to him, that immediate compliance is genuinely not feasible, he shall make written findings to that effect before entering into such a compliance agreement with that State educational agency. A compliance agreement under this subsection shall not be exempt from disclosure under any provision of section 552 of title 5, United States Code. Within fifteen days after the execution of any compliance agreeCopies of ment under this subsection, the Commissioner shall send a copy thereof agreement to complainants. to each organization or person who filed a complaint with respect to any failure to comply which is covered by that agreement. I ' •^'•i »- • T > % ' | •. ^ ^ 1

u POLICY MANUAL 20 USC 2837.

Ante, p. 2143.

"SEC. 187. (a) SCOPE AND PURPOSE.—The Commissioner shall, not

later than six months after the publication of final regulations with respect to the amendments to this title made by the Education Amendments of 1978, prepare and distribute to State educational agencies, State agencies operating programs for neglected and delinquent and handicapped children, local educational agencies, and districtwide advisory councils, and shall make available to other interested individuals, organizations, and agencies, a policy manual for this title to— "(1) assist such agencies in (A) preparing applications for program funds under this title, (B) meeting the applicable program requirements under this title, and (C) enhancing the quality, increasing the depth, or broadening the scope of activities for programs under this title; "(2) assist State educational agencies in achieving proper and efficient administration of programs funded under this title; "(3) assist advisory councils established under section 125(a) in advising the local educational agencies in the planning for, and implementation and evaluation oi^ programs and projects under this title; and "(4) insure that officers and employees of the Department of Health, Education, and Welfare, including, but not limited to, officers and employees of the Commissioner and officers and employees of such Department charged with auditing programs carried on under this title, uniformly interpret, apply, and enforce requirements under this title throughout the United States. 4.,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/913

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2193

"(b) CONTENTS OF POLICT MANUAL..—The policy manual shall, with respect to programs carried on under this title, contain descriptions, statements, procedural and substantive rules, opinions, policy statements and interpretations and indices to and amendments of the foregoing, and in particular, whether or not such items are required under section 552 of title 5, United States Code to be published or made available, the manual shall include (but not be limited to)— "(1) a statement of the requirements applicable to the programs carried on under this title including such requirements contained in this title, the General Education Provisions Act, other appli- 20 USC 1221. cable statutes, and regulations issued under the authoriy of such statutes; i " (2) an explanation of the purpose of each requirement, including appropriate references to legislative history; " (3) an explanation of the interrelationships between the applicable requirements; "(4) a statement of the procedures to be followed by the Commissioner and the Secretary with respect to proper and efficient performance of their administrative responsibilities, including but not limited to (A) approving State applications or State plans, (B) distributing grants to appropriate agencies, (C) resolving problems discovered during monitoring visits, (D) resolving financial exceptions disclosed during audits, (E) collecting outstanding claims arising out of activities under this title, (F) resolving complaints, (G) responding to requests for advisory opinions interpreting and applying standards contained in applicable statutes and regulations to the public, (H) identifying and publicizing exemplary programs, and (I) making public audit determinations of the Commissioner or of any officer or panel authorized by the Commissioner to make such determinations; "(5) summaries of (A) advisory opinions referred to in paragraph (4)(G) of this section and (B) final audit determinations referred to in paragraph (4)(I), including examples of actual applications of the legal requirements of applicable statutes and regulations; "(6) model forms and instructions developed by the Commissioner for use by State and local educational agencies, at their discretion, includinar, but not limited to, application forms, application review checklists, and instruments for monitoring programs operated by applicant agencies; "(7) summaries of appropriate court decisions concerning programs under this title; "(8) examples of methods of distributing State and local funds which do and do not satisfy the applicable requirements under this title; and "(9) model forms, policies, and procedures developed by State educational agencies. "ENFORCEMENT REPORT

"SEC. 188. The Commissioner shall, in conjunction with the report Report to required by section 183(g), submit to the Congress a report concern- Congress, ing the enforcement of this title. The report submitted in 1980, 1982, 20 USC 2838. and 1984 shall contain— "(1) an analysis, for each State which has an application approved for that year under section 182, of the extent to which the assurances, policies, and procedures of that State submitted as part of that application satisfy the requirements of this title,

39-194 O—80—pt. 2

58: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/914

 92 STAT. 2194

PUBLIC LAW 95-561—NOV. 1, 1978

"(2) a description for each such State of the manner in which monitoring reports of the Commissioner were taken into consideration in the approval of such applications, "(3) a description, with respect to appropriate States, of the manner in which unresolved audit and program monitoring findings were taken into consideration in me approval of such applications, " (4) a description for each such State of the manner in which the annual evaluation report of that State was taken into con.if:^i J'-.),i*{ sideration in the approval of such applications, "(5) a summary of the findings of the Commissioner's on-site monitoring visits, of the actions taken by State educational agencies to correct problems identified in each report based on such visits, and of the number, type, and location of problems which have been so identified but which have not been corrected as of the date of the submission of the annual enforcement report under this section, "(6) with respect to audits conducted under this title, (A) the number and type of audits conducted in the year preceding the date of submission of the report, (B) the identity of each State or local educational agency audited during that year, (C) the resolution status of each outstanding audit, including the dates on which each step of the resolution process with respect to such outstanding audit was completed, the schedule for completion of such process, the amount of the financial exceptions noted in final audit reports and in letters of final determination, and an explanation oi any differences in such amounts as noted in draft audit reports, final audit reports, and letters of final determination, (D) the number and identity of any States which did not appeal to the audit hearing board for this title with respect to audits conducted during that year and the status of recoupment activities for each such State, (E) the number and identity of States which appealed to such board during that year and the status of each active appeal, (F) the number and identity of States which have completed such appeals during that year and the status of recoupment activities with respect thereto, (G) the number and type of any cases referred to the Attorney General during that year for collection of misspent funds, (H) the amount of any funds recovered during that year as a result of such audit resolution process, (I) an analysis of the type of violations identified in final audit reports, letters of final determination, and final decisions of the audit hearing board for this title and of the Commissioner on appeal from the decisions of such board, (J) a summary of audit followup actions conducted during that year for the purpose of determining that deficiencies which led to financial audit exceptions or audit findings of procedural noncompliance have been corrected, (K) a description of audits planned for the year succeeding the date of the submission of the report, and (L) recommendations for improvement of the audit resolution process, and "(T) with respect to complaints made to the Commissioner concerning programs under this title during the year preceding jiv.. the date of submission of the report under this section, the number and type of complaints, the identity of the State and local educational agencies, the action taken by the Commissioner to resolve the complaints, and the number and type of complaints which remain unresolved as of the date of such submission.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/915

 PUBLIC LAW 95-561—NOV. 1, 1978 •^.-r.:-*-'-:-:.'-

"PART E

PAYMENTS

'• •

92 STAT. 2195 ';'

"PAYMENT METHODS

"SEC. 191. The Commissioner shall, from time to time pay to each 20 USC 2841. State, in advance or otherwise, the amount which it and the local educational agencies of that State are eligible to receive under this title. Such payments shall take into account the extent (if any) to which any previous payment to such State educational agency under this title (whether or not in the same fiscal year) was greater or less than the amount which should have been paid to it. "AMOUNT OF PAYMENTS TO LOCAL EDUCATIONAL AGENCIES

"SEC. 192. From the funds paid to it pursuant to section 191 each 20 USC 2842. State educational agency shall distribute to each local educational agency of the State which is eligible to receive a grant under this title and which has submitted an application approved pursuant to section 121 the amount for which such application has been approved, except that the amount shall not exceed the amount determined for that agency under this title. "ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS

193. (a) ADJUSTMENT ALLOCATION.—If the sums appropriated 20 USC 2843. for any fiscal year for making the payments provided in this title other than amounts appropriated for subpart 2 of part A are not Ante, p. 2158. sufficient to pay in full the total amounts which all local and State educational agencies are entitled to receive under this title for such year, the amount available for each grant to a State agency eligible for a grant under subpart 1, 2, or 3 of part B shall be equal to the total amount of the grant as w)mputed under each such subpart. If the remainder of such sums available after the application of the preceding sentence is not sufficient to pay in full the total amounts which all local educational agencies are entitled to receive under subpart 1 of part A of this title for such year, the allocations to such agencies shall, subject to adjustments under the next sentence, be ratably reduced to the extent necessary to bring the aggregate of such allocations within the limits of the amount so appropriated. The allocation of a local educational agency which would be reduced under the preceding sentence to less than 85 per centum of its allocation under subpart 1 of part A Ante, p. 2153. for the preceding fiscal year, shall be increased to such amount, the total of the increases thereby required being derived by proportionately .^j,,,.^ reducing the allocations of the remaining local educational agencies, under the preceding sentence, but with such adjustments as may be necessary to prevent the allocation to any remaining local educational agency from being thereby reduced to less than 85 per centum of its allocation for such year. "(b) ADDITIONAL FUNDS ALLOCATION.—In case additional funds '^ become available for making payments under this title for that year, allocations that were reduced pursuant to subsection (a) shall be increased on the same basis that they were reduced. In order to permit the most effective use of all appropriations made to carry out this title, the Commissioner may set dates by which (1) State educational agencies must certify to him the amounts for which the applications of educational agencies have been or will be approved by the State and (2) State educational agencies referred to in subpart 1 of part "SEC.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/916

 92 STAT. 2196

, If-.: -

Ante, p. 2153.

PUBLIC LAW 95-561—NOV. 1, 1978 B must file applications. If the maximum grant a local educational agency would receive (after any ratable reduction which may have been reqiiired under the first sentence of subsection (a) of this section) is more than an amount which the State educational agency determines, in accordance with regulations prescribed by the Commissioner, such agency will use, the excess amount shall be made available first to educational agencies in that State. Determinations of the educational agencies to which such excess amounts shall be made available shall be made by the State educational agency in furtherance of the purposes of this title in accordance with criteria prescribed by the Commissioner which are designed to assure that such excess amounts will be made available to other eligible educational agencies with the greatest need, for the purpose of, where appropriate, redressing inequities inherent in, or mitigating hardships caused by, the application of the provisions of section 111 (a] as a result of such factors as population shifts and changing economic circumstances. In the event excess amounts remain after carrying out the preceding two sentences of this section, such excess amounts shall be distributed among the other States as the Commissioner shall prescribe for use by local educational agencies in such States for the purposes of this title in such manner as the respective State educational agencies shall prescribe. a PAYMENTS FOR STATE

20 USC 2844. """

(

K?'

Post, p. 2247.

ADMINISTRATION

"SEC. 194. (a) Except as provided in subsection (b), the Commissioner is authorized to pay to each State amounts equal to the amounts expended by it for the proper and efficient performance of its duties under this title, except that the total of such payments in any fiscal year shall not exceed— " (1) 1.5 per centum of the amount allocated to the State and its local educational agencies and to other State agencies as determined for that year under this title; or " (2) $225,000, or $50,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands, whichever is the greater, except that any amount paid by reason of clause (1) or (2) in excess of the limitations on such payments in effect prior to the effective date of the Education Amendments of 1978 shall be used exclusively for monitoring, audit resolution, enforcement, or similar compliance activities and shall supplement and not supplant funds otherwise available from non-Federal sources for such purposes. " (b) The provisions of this section shall apply in any fiscal year in which the provisions of section 510(b)(2) are not met. "PART F—GENERAL PROVISIONS uJUDICIAL REVIEW

Petition, filing. 20 USC 2851.

"SEC. 195. (a) FiLiNG APPEALS.—If any State is dissatisfied with the Commissioner's final action with respect to the approval of its application submitted under subpart 1 or part B or section 162 or with his final action under section 185 or 186, such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commis-

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Page:United States Statutes at Large Volume 92 Part 2.djvu/917

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2197

sioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. " (b) BASIS o r E E VI E W. — The findings of fact by the Commissioner,

if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take furtlier evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Sr.ch new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. " (c) JUDICIAL APPEALS.—Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "XATIOXAL ADVISORY COUNCIL " SEC. 196. (a) COUNCIL ESTABLISHED.—There shall be a National

Advisory Council on the Education of Disadvantaged Children (hereinafter in this section referred to as the 'National Council') consisting of fifteen members appointed by the President, without regard to the provisions of title 5, United States Code, governing appointment in the competitive service, for terms of three years, except that (1) in the case of initial members, five shall be appointed for terms of one year each and five shall be appointed for terms of two years each, and (2) appointments to fill vacancies shall be only for such terms as remain unexpired. The National Council shall meet at the call of the Chairman. " (b) FUNCTIONS.—The National Council shall review and evaluate the administration and operation of this title, including its effectiveness in improving the educational attainment of educationally deprived children, including the effectiveness of programs to meet their occupational and career needs, and make recommendations for the improvement of this title and its administration and operations. These recommendations shall take into consideration experience gained under this and other Federal educational programs for disadvantaged children and, to the extent appropriate, experience gained under other public and private educational programs for disadvantaged children. " (c) REPORTS.—The National Council shall make such reports of its activities, findings, and recommendations (including recommendations for changes in the provisions of this title) as it may deem appropriate and shall make an annual report to the President and the Congress not later than March 31 of each calendar year. Such annual report shall include a report specifically on which of the various compensatory education programs funded in whole or in part under the provisions of this title, and of other public and private educational programs for educationally deprived children, hold the highest promise for raising the educational attainment of these educationally deprived children. The President is requested to transmit to the Congress such comments and recommendations as he may have with respect to such report. Subject to section 448(b) of the General Educational Provisions Act, the National Council shall continue to exist until October 1, 1984.

Membership, terms.

20 USC 2852.

Meetings, Recommendations.

Annual submittal to President and Congress.

20 USC 1233g.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/918

 92 STAT. 2198

PUBLIC LAW 95-561—NOV. 1, 1978 ((LIMITATION

ON GRANT TO PUERTO RICO

20 USC 2853. "SEC. 197. Notwithstanding the provisions of part A or of subpart Arue, pp. 2153, 1, 2, or 3 of part B of this title, the amount paid to the Commonwealth 2177. of Puerto Rico under this title for any fiscal year shall not exceed 150 per centum of the amount received by Puerto Rico under this title in the preceding fiscal year. Any excess over such amount shall be used Ante, p. 2153. to ratably increase the allocations under subpart 1 of part A of the other local educational agencies whose allocations do not exceed the Ante, p. 2153. maximum amount for which they are eligible under section 111. u DEFINITIONS

20 USC 2854.

5,

,,

"SEC. 198. (a) Except as otherwise provided, for purposes of this title: "(1) The term 'average daily attendance' means attendance determined in accordance with State law, except that notwithstanding any other provision of this title, where the local educational agency of the school district in which any child resides makes or contracts to make a tuition payment for the free public education of such child in a school situated in another school district, for purposes of this title the attendance of such child at such school shall be held and considered (A) to be in attendance at a school of the local educational agency so making or contracting to make such tuition payment, and (B) not to be m attendance at a school of the local educational agency receiving such tuition payment or entitled to receive such payment under the contract. "(2) The term 'average per pupil expenditure' means in the case of a State or the United States, the aggregate current expenditures, during the third fiscal year preceding the fiscal year for which the computation is made (or if satismctory data for that year are not available at the time of commutation, then during the most recent preceding fiscal year for which satisfactory data are available), of all local educational agencies in the State, or in the United States (which for the purposes of this subsection means the fifty States, and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the source of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year. "(3) The term 'Commissioner' means the United States Commissioner of Education. "(4) The term 'construction' includes the preparation of drawings and specifications for school facilities; erecting, building, acquiring, alteringj remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities. " (5) The term 'county' means those divisions of a State utilized by the Secretary of Commerce in compiling and reporting data regarding counties. "(6) The term 'current expenditures' means expenditures for free public education, including expenditures for administration, instruction, attendance, and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body

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Page:United States Statutes at Large Volume 92 Part 2.djvu/919

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2199

activities, but not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds granted under this title or parts B and C of title IV of this Xf,^ Post, pp. 2236, "(7) The term 'elementary school' means a day or residential 2237. school which provides elementary education, as determined under State law, and the term 'secondary school' means a day or residential school which provides secondary education, as determined under State law, except that it does not include any education provided beyond grade 12. "(8) The term 'equipment' includes machinery, utilities, and building equipment and any necessary enclosure or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, and books, periodicals, documents, and other related materials. "(9) The term 'free public education'means education which is ';i!««.ij provided at public expense, under public supervision and direction, and without tuition charge, and which is provided as elementary or secondary school education in the applicable State, except that such term does not include any education provided beyond grade 12. "(10) The term 'local educational agency' means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term includes "•- ' '• any other public institution or agency having administrative control and direction of a public elementary or secondary school. "(11) The term 'parent' includes a legal guardian or other per' ' '^ ' son standing in loco parentis. "(12) The term 'project area' means a school attendance area having a high concentration of children from low-income families which, without regard to the locality of the project itself, is designated as an area from which children are to be selected to participate in a program or project assisted under this title. "(13) The term 'school attendance area' means in relation to a particular school, the geographical area in which the children who -^ •' ^ ' • are normally served by that school reside. "(14) The term 'school facilities* means classrooms and related facilities (including initial equipment) for free public education and interests in land (including site, grading, and improvements) on which such facilities are constructed, except that such term does ^"' ' '^' '* not include those gymnasiums and similar facilities intended primarily for exhibitions for which admission is to be charged to the general public. "(15) The term 'Secretary' means the Secretary of Health, Education, and Welfare. "(16) The term 'State' means a State, Puerto Eico, Guam, the ^^^^ • District of Columbia, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/920

 92 STAT. 2200

20 USC 244.

Repeal.

20 USC 241a, 241b, 241c-241o. 20 USC 241b-l, 2713.

PUBLIC LAW 95-561—NOV. 1, 1978 "(17) The term 'State educational agency' means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools.". (b) Section 403 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended— (1) by striking out, "except as used in title II ", where it appears in paragraph (2); (2) by striking out, ", except that for purposes of title II such term does not include any education provided beyond grade 12", where it appears in paragraph (4); (3) by striking out, "title II of this act or title II or III " where it appears in paragraph (5), and inserting "title I, II, or III "; (4) by striking out, " (A) " where it appears in paragraph (6) and by striking out subparagraph (B) of such paragraph; (5) by striking out ", and for purposes of title II, such term includes the Trust Territory of the Pacific Islands" in paragraph t (8); and (6) by striking out paragraphs (15), (16), and (17). (c) Title II of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is repealed. (d) Section 101(a) (10) of the Education Amendments of 1974 is amended by striking out "Part A" and inserting in lieu thereof "subpart 1 of part A, and part B," and by striking out "such part A" and inserting in lieu thereof "such subpart or part". STUDY OF ALTERNATIVES FOR DEMONSTRATING COMPARABILITY

20 USC 2701

SEC. 102. (a) The Commissioner shall, not later than September 30, note. 1981, make a study of the feasibility and desirability of alternative criteria for demonstrating the comparability of services provided with State and local funds in each project area (as defined in section 198(12) of the Elementary and Secondary Education Act of 1965) to Ante, p. 2198. those provided outside such areas which ensure, at least to the same extent as the criteria in existing regulations published in the Federal 45 eFR 116, Register (41 F.R. 42894 et seq., September 28, 1976), that children in 116a. each school serving such a project area receive comparable services paid for out of State and local funds. (b) The Commissioner may select all the local educational agencies in one State and not more than twenty such agencies in other States which are reasonably representative of the various geographical areas of the Nation for participation in the study provided for in this section. For purposes of the study, the Commissioner, without regard to section 431 of the General Education Provisions Act, may permit the 20 USC 1232. use of substitute criteria meeting the requirements of subsection (c) in place of criteria contained in existing regulations, to be applicable only for the school years 1979-1980 and 1980-1981 and only to local educational agencies selected to participate in the study. Participating (c) Local educational agencies selected for participation in the study agencies selection provided for in this section shall demonstrate comparability througifi criteria. the use of alternative criteria, which, at a minimum, meet the conditions of the following paragraphs: (1) Such criteria are approved by the districtwide advisory council established under section 125 of the Elementary and SecAnte, p. 2167. ondary Education Act of 1965. (2) Based on such criteria, each school serving such a project area receives services comparable to those services provided with

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Page:United States Statutes at Large Volume 92 Part 2.djvu/921

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2201

State and local funds in schools not receiving assistance under this title. (3) Services measured by such criteria shall vary by not more than 5 per centum between each school serving such a project area and other schools of the agency. (4) Compliance with such criteria shall be determined on the basis of services actually provided during the current school year. (5) If expenditures are used in the criteria, only expenditures Instructional for instructional services shall be included and for this purpose services, "instructional services" means current expenditures for free public education other than expenditures for attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities. (6) In all other respects, such criteria shall be consistent with the regulations of the Commissioner pertaining to comparability of services. (d) In order to provide a basis for comparison, local educational Reports. agencies participating in the study under this section shall continue to make reports under existing criteria for comparability of services. TITLE II—ESTABLISHMENT OF A NEW TITLE II OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 BASIC SKILLS

SEC. 201. Title II of the Elementary and Secondary Education Act of 1965 (hereinafter in titles II through IX of this Act referred to as "the Act") is amended to read as follows: "TITLE II—BASIC SKILLS IMPROVEMENT "PART A—NATIONAL PROGRAM 'PURPOSE

"SEC. 201. The purpose of this part is— 20 USC 2881. "(1) to assist Federal, State, and local educational agencies to coordinate the utilization of all available resources for elementary and secondary education to improve instruction so that all children are able to master the basic skills of reading, mathematics, and effective communication, both written and oral; "(2) to encourage States to develop comprehensive and systematic plans for improving achievement in the basic skills; "(3) to provide financial assistance to State and local educational agencies for the development of programs in the basic skills; "(4) to develop means by which parents working with the schools can contribute to improving the educational achievement of their children; "(5) to encourage the involvement of the private sector in the delivery to children, youths, and adults of educational services .f^S, ^ ^ v, and materials that will improve achievement in the basic skills; and " (6) to expand the use of television and other technology in the delivery of instructional programs aimed at improving achievement in the basic skills.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/922

 92 STAT. 2202

PUBLIC LAW 95-561—NOV. 1, 1978 APPLICATIONS

Grant or contract. " SEC. 202. (a) The Secretary may make a g r a n t or award a contract 20 USC 2882. under this part only upon the submission of an application by an eligible entity at the time and in the form prescribed by the Secretary. E a c h such application by a State or local educational agency shall provide assurances that— " (1) in designing the proposal for which application is made, the needs of children in nonprofit private elementary and secondary schools have been taken into account through consultation with private school officials; and, to the maximum extent feasible, and consistent with the number of such children in the area to be served who have the educational needs the proposal is intended to address, those children will be provided an opportunity to participate in the proposed activity on a basis comparable to that provided for public school children; " (2) procedures have been developed to evaluate the effectiveness of the proposed activity in achieving the purposes of this title; and " (3) procedures have been developed for incorporating successful practices developed with assistance under this title into the regular instructional program. " (b) No g r a n t or contract may be awarded to a local educational agency under this part unless the appropriate State educational agency has been provided an opportunity for at least thirty days to comment on the application. "ACCEPTANCE OF GIFTS

20 USC 2883.

20 USC

1221e-3.

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.

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" SEC. 203. Notwithstanding the provisions of section 408(a)(3) of the General Education Provisions Act, the Secretary may accept, on behalf of the United States, conditional or unconditional gifts or donations of services, money, or property, made for any activities authorized to be carried out under this title. GRANTS AND CONTRACTS

20 USC 2884. .^.^...,:.:.,

,

" SEC. 204. (a) I n order to achieve the purposes of this part, the Secretary is authorized, during the period of October 1, 1979, through September 30, 1983, to make g r a n t s to, and enter into contracts with. State and local educational agencies, and other public and private agencies, organizations, and institutions to carry out planning, research, development, demonstrations (including t r a i n i n g of leadership personnel, evaluation, and dissemination, as described in sections 205 through 209), except that no g r a n t may be made under this part to other than a public or nonprofit private agency, organization, or institution. " (b) The Secretary may provide to such agencies, organizations, and institutions, either directly or through g r a n t s or contracts, technical assistance related to the purposes of this part. a INSTRUCTION I N BASIC SKILLS

20 USC 2885.

" S E C 205. The Secretary shall provide assistance, in accordance with section 204, for activities designed to demonstrate improved delivery of instructional services in the areas of reading, mathematics, and oral and written communication, including— " (1) assessment of schoolwide needs to identify the instructional needs of children in basic skills;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/923

 PUBLIC LAW 95-561—NOV. 1, 1978 ,1

"(2) establishing learning goals and objectives for each school; "(3) the development of comprehensive programs to address the needs through the use of resources available under this part and other resources from local, State, and Federal programs; "(4) the demonstration of technic[ues for coordinating the efforts of local agencies, organizations, and institutions, to improve achievement in basic skills; "(5) preservice training programs for teaching personnel including teacher aides and other ancillary educational personnel, and in-service training and development programs, designed to enable such personnel to improve their ability to teach basic skills; and "(6) active involvement of teachers, teacher aides, administrators, and other educational personnel to improve their ability to utilize available resources to carry out the purposes of this part.

92 STAT. 2203

•.,.••.„

,„

"PARENTAL PARTICIPATION IN BASIC SKILLS INSTRUCTION

"SEC. 206. The Secretary, in accordance with section 204, shall sup- 20 USC 2886. port activities designed to enlist the assistance of parents and volunteers working with schools to improve the skills of children in reading, mathematics, and oral and written communication. The activities which may be supported under this section include— "(1) the development and dissemination of materials that, with appropriate training, parents may use in the home to improve their children's performance in those skills; and "(2) yoluntary training activities for parents to encourage them to assist their children in developing basic skills. ((USE

OF TECHNOLOGY I N BASIC SKILLS INSTRUCTION

"SEC. 207. The Secretary, in accordance with section 204, shall sup- 20 USC 2887. port development and demonstration activities related to the improved use of television and other technology to contribute to the instruction of children in reading, mathematics, and written and oral communication. The activities authorized under this section shall be designed to expand the variety and improve the quality of instructional efforts involving the use of technology. The activities which may be supported under this section include— "(1) the development and acquisition of educational programing, including audio and video materials distributed through r oi'' broadcast, cable, tape, film, cassettes, or other means that provide " instruction in basic skills in an effective manner; "(2) the development and acquisition of instructional materials that supplement educational programing described in clause (1) of this section in order to improve its effectiveness in the school, the home, and other learning environments; "(3) the development and acquisition of materials to assist teachers in relating such programing, or similar public or commercial programs of educational value, to instruction in the classroom; " (4) the training of teachers, administrators, and other instrucfe tional personnel in the use of educational technology; -^^'"^ *^'' *^' "(5) assistance to teachers, administrators, and other instructional personnel for experimentation with new technological approaches to instruction; and

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Page:United States Statutes at Large Volume 92 Part 2.djvu/924

 92 STAT. 2204

PUBLIC LAW 95-561—NOV. 1, 1978 "(6) distribution of information about, and promotion of the use of, such programing and technology in the classroom and other learning environments. "iNVOLVEMEXT OF EDUCATIONAL AGENCIES AND PRIVATE ORGANIZATIONS

20 USC 2888.

d*-^'^ 'i

"SEC. 208. (a) The Secretary shall provide assistance and information to State and local educational agencies, institutions of higher education, and private agencies, organizations, and institutions (such as labor unions, volunteer organizations, and business associations) to support the efforts of such agencies, organizations, and institutions to stimulate children, youths, and adults to improve their achievement in basic skills. The activities which may be supported under this section include— "(1) programs to motivate children to improve their reading skills through the distribution to children of books; "(2) instructional programs and voluntary tutorial programs to provide individual assistance outside of the school to children, youths, and adults with instruction needs; "(3) community efforts to encourage individuals to improve their performance in basic skills; and " (4) the establishment of programs for lending or selling books to children, youths, and adults. "(b) Activities supported under subsection (a)(2) may be known as reading academies. " C O L L E C T I O N AND DISSEMINATION OF INFORMATION RELATING TO BASIC SKILLS PROGRAMS

20 USC 2889. Post, p. 2237.

"SEC. 209. The Secretary is authorized to use funds appropriated under this part to collect and analyze information concerning the results of activities carried out under this title and under part C of title IV, including information on the activities which have been successful in improving the achievement of students in the basic skills. Such funds may also be used to disseminate that information to State and local educational agencies and other interested public and private agencies, organizations, and institutions. C(

Procedures. 20 USC 2890. Ante, p. 2153, Post, p. 2229. 42 USC 2921. 20 USC 1101.

COORDINATION

"SEC. 210. The Secretary shall establish effective and efficient procedures for coordination between the programs assisted under this part and other parts of this title, with programs assisted under title I and title IV of this Act, title V of the Economic Opportunity Act of 1964, title V of the Higher Education Act of 1965, and other such Federal programs that support efforts to improve the basic skills of children, youth and adults. "PART B—STATE BASIC SKILLS IMPROVEMENT PROGRAM "STATEMENT OF PURPOSE

20 USC 2901.

'

"SEC. 221. I t is the purpose of this part to provide financial assistance to States to enable them— "(1) to develop comprehensive and systematic statewide plans for improving achievement in the basic skills, to coordinate available resources for elementary and secondary education, and to provide financial assistance to improve the instruction so that all

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Page:United States Statutes at Large Volume 92 Part 2.djvu/925

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2205

children are able to master the basic skills of reading, mathematics, and effective communication, both written and oral; "(2) to provide assistance to local agencies in the development and implementation of comprehensive programs to improve basic skills proficiency and instruction in the elementary and secondary schools; "(3) to develop means by which parents working with the schools can contribute to improving the educational achievement of their children; "(4) to provide State leadership in the planning, execution, and evaluation of basic skills instructional programs in elementary and secondary schools; and "(5) to arrange for and assist in the training of educational staff, including special reading and mathematics personnel and specialists needed in programs assisted under this part. AGREEMENTS W I T H STATE EDUCATIONAL AGENCIES

"SEC. 222. (a) Any State which desires to receive grants under this 20 USC 2902. part shall, through its State educational agency, enter into an agreement with the Secretary, in such detail as the Secretary deems necessary, which— "(1) designates the State educational agency as the agency for administration of the agreement; "(2) provides for a process of active and continuing consulta- Consultation tion with the State educational agency, by persons broadly representative of the educational resources of the State and of the general public, including persons representative of— "(A) public and private nonprofit elementary and secondary schoolchildren, "(B) institutions of higher education, "(C) parents of elementary and secondary schoolchildren, "(D) areas of professional competence relating to basic skills instruction in reading and mathematics, l), iS. f|,aift'i:i. " (E) classroom teachers in the State, and " (F) local administrators including principals and superintendents, to advise the State educational agency on the planning, development, implementation, and evaluation of a comprehensive State program for improving basic skills; "(3) describes the basic skills instructional programs in elementary and secondary schools for which assistance is sought under this part and procedures for giving priority to basic skills programs which are already receiving Federal financial assistance and show reasonable promise of achieving success; " (4) sets forth criteria for achieving an equitable distribution Assistance, of that part of the assistance under this part which is made avail- equitable able to local educational agencies pursuant to the second sentence distribution criteria. of subsection (b) of this section, which criteria shall— " (A) take into account the size of the population to be served, beginning with preschool, the relative needs of pupils in different population groups within the State for the program authorized by this part, and the financial ability of the local educational agency serving such pupils, and "(B) assure that such distribution shall include grants to local educational agencies having high concentrations of children with low reading or mathematics proficiency;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/926

 92 STAT. 2206

.SO-^^'

Grants.

Ante, p. 2171. Assistance applications. School level programs.

PUBLIC LAW 95-561—NOV. 1, 1978

"(6) provides for the coordination and evaluation of programs assisted under this part; "(6) provides for technical assistance and support services for local educational agencies participating in the program; "(7) makes provision for the dissemination to the educational community and the general public of information about the objectives of the program and results achieved in the course of its implementation; "(8) provides for making a report, ut least once every three years, and such other reports, in such form and containing such information, as the Secretary may reasonably require to evaluate the effectiveness of the program and to carry out his other functions under this part; "(9) provides that not more than 5 per centum of the amount allotted to the State under this part for any fiscal year may be retained by the State educational agency for purposes of administering the agreement; "(10) provides that programs assisted under this part shall be of sufficient size, scope, and quality so as to give reasonable promise of substantial progress toward achieving the purposes of this part; and " (11) provides that Federal funds expended under the program will supplement the level of State and local funds that would be available for such programs in the absence of Federal assistance, and in no event will supplant such State and local funds. "(b) Grants for projects to carry out the purposes of this part may be made to local educational agencies (subject to the provision of subsection (c) relating to the participation of private elementary and secondary school pupils), institutions of higher education, and other public and nonprofit agencies and institutions. Not less than 70 per centum of the amount allotted to a State under this part for any fiscal year shall be made available by the State for grants to local educational agencies within that State. " (c) The provisions of section 130(a)(1) of this Act relating to the participation of children enrolled in private elementary and secondary schools shall apply to programs assisted under this part. "(d) Each application by a local educational agency within a State for assistance under this part shall be developed in conjunction with teachers and building administrators in such district. The application shall set forth a systematic strategy for improving basic skills instruction in the local district which provides for the planning and implementation of comprehensive basic skills instructional programs at the school building level. The school level programs shall address the needs of all students and shall utilize, in a coordinated fashion, resources available from all Federal, State, and local sources. Teachers, administrators, and parents shall be involved in the development of the comprehensive school level programs. Such programs shall include— "(1) diagnostic assessment to identify the needs of all of the children in the school; "(2) the establishment of learning goals and objectives for the school; "(3) to the extent practicable, preservice training and inservice training and development programs for teaching and administrative personnel, including teacher-aides and other ancillary . educational personnel, designed to enable such personnel to '<' improve their ability to teach students the basic skills;

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Page:United States Statutes at Large Volume 92 Part 2.djvu/927

 PUBLIC LAW 95-561~NOV. 1, 1978 "(4) activities designed to enlist the support of parents to aid in the instruction of their children at home and school; "(5) procedures for the evaluation of the effectiveness of the program, including a program of periodic testing of basic skills achievement and the publication of test results on basic skills performance by grade level and by school, without identification of performance of individual children; "(6) assessment, evaluation, and collection of information on individual children by teachers during each year of a pre-elementary program, to be made available for teachers in the subsequent year, in order that continuity for the individual child not be lost. Such information shall also be available to parents or guardians of the individual children. "(e) In addition to the grants authorized in subsection (d), the State educational agency may also make grants to support activities designed to enlist the assistance of parents working with schools to improve the skills of their children in reading, mathematics, and oral and written communication. Activities that may be supported under this section include— "(1) the development and dissemination of materials that parents may use in the home to improve their children's performance in those skills; "(2) the encouragement of closer contacts between parents and teachers to improve the coordination between learning experiences in the home and those in school; " (3) planning for, developing and improving centers accessible to parents to provide materials and professional guidance, including volunteers, for parents who desire to assist in the instruction of their children; and " (4) the demonstration of training programs for parents who desire to develop new skills to complement the instruction their children receive in school. "(f) The Secretary shall enter into an agreement which complies with the provisions of subsection (a) with any State which desires to enter into such an agreement. ((DISTRIBUTION

92 STAT. 2207

Activities support grants.

OF FUNDS

"SEC. 223. The Secretary shall distribute grants under the provisions 20 USC 2903. of this part so as to assure that each State having an agreement under section 222 will receive not less than the amount which bears the same ratio to the total amount available for this part for a fiscal year as the number of school age children (aged five through seventeen inclusive) in that State bears to the number of such children in all States, except that any State having an agreement shall not receive less than $50,000 in any such fiscal year. ((STATE

liEADERSHIP PROGRAM

"SEC. 224. The Secretary is authorized to enter into agreement with State educational agencies for the carrying out by such agencies of leadership and training activities designed to prepare personnel throughout the State to implement programs which have been demonstrated in that State or other States to be effective in overcoming deficiencies in the basic skills, and to develop and implement statewide plans for improving the skills of children, youth, and adults in reading, mathematics, and oral and written communication. The activities authorized by this section shall be limited to—

Agreements. 20 USC 2904.

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