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Page:United States Statutes at Large Volume 92 Part 2.djvu/959

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2239

five fiscal years (excluding any period for which such agency received a planning grant for such activity), subject to the availability of appropriations for this part of each fiscal year. The amount provided to a local educational agency for any activity under this part shall decline after the third year, in accordance with criteria prescribed by the Commissioner, in order to ensure that successful practices developed with assistance under this part will be adopted and supported as part of the regular program of such agency. "(b)(1) From sums made available to each State under this part, Allocation of the following sums shall be allocated for activities under section 431 funds, (a)(6), relating to plans for improved school management and the percentage. coordinated use m schools of all available resources: "(A) In fiscal year 1980, not less than 5 percent of any amount by which the amount available for this part in fiscal year 1980 exceeds the amount so available in fiscal year 1979. "(B) I n fiscal year 1981 and in each succeeding fiscal year, not less than 10 percent of any amount by which the amount available for this part in such year exceeds the amount so available in fiscal year 1979. "(2) No activity under section 431(a)(6) shall be approved by Activity approval. the State educational agency unless the proposal therefor has been developed in consultation with, and has been approved by, a committee composed of administrators, teachers, other staff at the school, and parents whose children attend the school. "(c) Not less than 15 per centum of the amount received by a State under this part in any fiscal year shall be used for special programs or projects meeting the purposes of this part for the education of handicapped children. For the purpose of this part, the term 'handicapped "Handicapped children' has the meaning set forth in section 602(1) of the Education children." of the Handicapped Act. 20 USC 872. "(d) Subject to section 406(d) and (e), a State educational agency Local educational shall not approve the application of a local educational agency for assistance, assistance under this part unless the State educational agency deter- determination. mines that in designing the proposal to which that application relates, the needs of children in nonprofit private schools have been taken into account through consultation with private school officials and other means. "PART

D—GuroANCE, COUNSELING, li

AND TESTING

PROGRAM AUTHORIZED

"SEC. 441. (a) The Commissioner shall carry out a program for Grants. making grants to States (pursuant to State plans approved under 20 USC 3121. section 404) for— "(1) State leadership and supervisory services in the fields of guidance, counseling, and testing; and " (2) comprehensive guidance, counseling, and testing programs in elemental^ and secondary schools throughout the State, including such services as— "(A) elementary and secondary school counseling, "(B) in-service training for guidance and counseling personnel, "(C) supervision and leadership services at the local level, "(D) program planning and development, " (E) special guidance and counseling programs suited to

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 92 STAT. 2240

PUBLIC LAW 95-561—NOV. 1, 1978 meet the special needs for such program s by persons who are disadvantaged, " (F) a program of testing students in elementary and secondary schools, and " (G) evaluation of such programs. " (b) Of the sums allotted to any State for any fiscal year for the purposes of this part, not to exceed 7i/^ per centum shall be available for the purpose described in clause (1) of subsection (a). "PROGRAM REQUIREMENTS

20 USC 3122.

" SEC. 442. E a c h local educational agency shall be given complete discretion (subject to the provisions of section 406) m determining how funds it receives from appropriations made under section 401(c) (1)(A) will be divided among various program s described in this part. "ADMINISTRATION

Administrative unit, establishment.

20 USC 3123.

Funds, reservation.

" SEC. 443. (a) The Commissioner shall establish or designate an administrative unit within the Office of Education for purposes of— " (1) carrying out provisions of this section; " (2) providing information r e g a r d i n g guidance and counseling as a profession, guidance and counseling activities of the Federal Government, and, to the extent practicable, activities of State and local programs of guidance and counseling; and " (3) advising the Commissioner on coordinating guidance and counseling activities included in all program s which he is authorized to carry out, and, to the extent he deems practicable, how such activities may be coordinated with other programs of the Federal Government and State and local guidance and counseling Erograms. ) The Commissioner may reserve an amount not to exceed 5 per centum of the sums appropriated for this part to carry out the provisions of this section.". EFFECTIVE DATE

20 USC 3081 note.

SEC. 402. The amendments and repeals made by this title shall take effect October 1, 1979. TITLE V—ESTABLISHMENT OF NEW TITLE V OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF

••Xik 1 1 '

1965 STATE LEADERSHIP

"i SEC. 501. Title V of the Act is amended to read as follows: "TITLE V—STATE LEADERSHIP " P A R T A — ADMINISTRATION OF EDUCATION PROGRAMS AND D U T I E S OF THE STATE EDUCATIONAL A G E N C Y "SINGLE STATE APPLICATION

20 USC 3141. Ante, pp. 2210, 2229.

" SEC. 501. (a) E a c h State which desires to participate in programs authorized under title I and title IV of t h i s Act shall submit to the Commissioner a general application containing the assurances set forth

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


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 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2241

in subsection (b). That application may be submitted jointly for all programs covered by the application, or it may be submitted separately for each such program or for groups of programs. Each application submitted under this section must be approved by each official, agency, board, or other entity within the State which, under State law, is primarily responsible for supervision of the activities conducted under each program covered by the application. "(b) An application submitted under subsection (a) shall set forth assurances, satisfactory to the Commissioner— " (1) that each program will be administered in accordance with all applicable statutes, regulations, program plans, and applications; "(2) that the control of funds provided under each program and title to property acquired with program funds will be in a public agency, or in a nonprofit private agency, institution, or organization if the statute authorizing the program provides for grants to those entities, and that the public agency or nonprofit private agency, institution, or organization will administer those funds and property; "(3) that the State will adopt and use proper methods of administering each program to which this part applies including— "(A) monitoring of agencies, institutions, and organizations responsible for carrying out each program, and the enforcement of any obligations imposed on those agencies, institutions, and organizations under law, "(B) providing technical assistance, where necessary, to those agencies, institutions, and organizations, "(C) encouraging the adoption by those agencies, institutions, and organizations for promising or innovative educational techniques, " (D) the dissemination throughout the State of information on the program requirements and succcessful practices, and " (E) the correction of deficiencies in program operations that are identified through monitoring or evaluation; "(4) that the State will evaluate the effectiveness of covered programs in meeting their statutory objectives, at such intervals (not less often than once every three years) and in accordance with such procedures as the Commissioner may prescribe by regulation, and that the State will cooperate in carrying out any evaluation of each program conducted by or for the Secretary or other Federal official; " (5) that the State will use such fiscal control and fund accounting procedures as will insure proper disbursement of and acounting for Federal funds paid to the State under each program; "(6) that the State will make reports to the Commissioner Reports, (including reports on the results of evaluations required under paragraph (4)) as may reasonably be necessary to enable the Commissioner to perform his duties under each program, and that the State will maintain such records, in accordance with the requirements of section 437 of the General Education Provisions Act, and afford access to the records as the Commissioner may find Post, p. 2346. necessary to carry out his duties;

39-194 O—80—pt. 2

61: QL3

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text: Dictionary of National Biography, 1885-1900/William (d.1135?)


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Page:United States Statutes at Large Volume 92 Part 2.djvu/962

 92 STAT. 2242

PUBLIC LAW 95-561—NOV. 1, 1978 •

"(7) that the State will provide reasonable opportunities for the participation by local agencies, representatives of the class of individuals affected by each program, and other interested institutions, organizations, and individuals in the planning for and operation of each program, including the following: " (A) the State will consult with relevant advisory committees, local agencies, interested groups, and experienced proa ' fessionals in the development of program plans required by statute; "(B) the State will publish each proposed plan, in a man!> ner that will ensure circulation throughout the State, at least sixty days prior to the date on which the plan is submitted to the Commissioner or on which the plan becomes effective, whichever occurs earlier, with an opportunity for public comments on such plan to be accepted for at least thirty days; "(C) the State will hold public hearings on the proposed plans if required by the Commissioner by regulation; and "(D) the State will provide an opportunity for interested ,,, agencies, organizations, and individuals to suggest improve,,V ments in the administration of the program and to allege that there has been a failure by any entity to comply with applicable statutes and regulations. "(c) Each general application submitted under this section shall remain in effect for the duration of any program subject to the application. The Commissioner shall not require the resubmission or amendment of that application unless required by changes in Federal or State law or by other significant change in the circumstances affecting an assurance in that application. '

20 USC 3142.

 * 'F''

"SINGLE LOCAL, EDUCATIONAL AGENCY APPLICATION

"SEC. 502. (a) Each local educational agency which participates in a program subject to this Act under which Federal funds are made available to that agency through a State agency or board shall submit to that agency or board a general application containing the assurances set forth in subsection (b). That application shall cover the participation by the local educational agency in all such programs. "(b) The general application submitted by a local educational agency under subsection (a) shall set forth assurances— "(1) that the local educational agency will administer each program covered by the application in accordance with all applicable statutes, regulations, program plans, and applications; "(2) that the control of funds provided to the local educational agency under each program and title to property acquired with those funds, will be in a public agency and that a public agency will administer those funds and property; "(3) that the local educational agency will use fiscal control and fund accounting procedures that will insure proper disbursement of, and accounting for Federal funds paid to that agency under each program; "(4) that the local educational agency will make reports to the State agency or board and to the Commissioner as may reasonably be necessary to enable the State agency or boar-d and the Commissioner to perform their duties and that the local educational

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Page:United States Statutes at Large Volume 92 Part 2.djvu/963

 PUBLIC LAW 95~561--NOV. 1, 1978

92 STAT. 2243

agency will maintain such records, including the records required under section 437 of the General Education Provisions Act, and Post, p. 2346. give access to those records, as the State agency or board or the Commissioner deem necessary to perform their duties; "(5) that the local educational agency will provide reasonable opportunities for the participation by teachers, parents, and other interested agencies, organizations, and individuals in the planning for and operation of each program; "(6) that any application, evaluation, periodic program plan or report relating to each program will be made readily available to parents and other members of the general public; ^ "(7) that in the case of any project involving construction— "(A) the project is not inconsistent with overall State plans for the construction of school facilities, "(B) in developing plans for construction, due consideration will be given to excellence of architecture and design and to compliance with standards prescribed by the Secretary under section 504 of the Rehabilitation Act of 1973 in order 29 USC 794. to insure that facilities constructed with the use of Federal funds are accessible to and usable by handicapped individuals, "(C) in developing plans for such facilities, due consideration has been given to excellence of architecture and design, and inclusion of works of art (not representing more than 1 per centum of the cost of the project); and " (8) that the local educational agency has adopted effective procedures for acquiring and disseminating to teachers and administrators participating in each program significant information J from educational research, demonstrationSj and similar projects, and for adopting, where appropriate, promising educational practices developed through those projects. "(c) A general application submitted under this section shall remain in effect for the duration of the programs it covers. The State agencies or boards administerin;* the programs covered by the application shall not require the resubmission or amendment of that application unless required by changes in Federal or State law or by other significant change in the circumstances affecting an assurance in that application. "APPLICATION APPROVAL

"SEC. 503. (a)(1) A State educational agency shall approve an 20 USC 3143. application of a local educational agency or a State agency subject to this part 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 other applicable requirements and (B) such applicant 20 USC 1221. 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 508(c). "(2) A State educational agency may approve an application under paragraph (1) of this subsection, 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

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Page:United States Statutes at Large Volume 92 Part 2.djvu/964

 92 STAT. 2244 '.

Post, p. 2342.

PUBLIC LAW 95-561—NOV. 1, 1978 agency's compliance with this title, and (D) reports on evaluations conducted by the local educational agency of its programs. "(b) A State educational agency may make payments from funds received under this part only for programs and projects which it has approved under subsection (a). "(c) A State educational agency shall not finally disapprove in whole or in part any application for funds under this part without first affording the local educational agency or other applicant submitting the application reasonable notice and opportunity for a hearing in accordance with section 434 of the General Education Provisions Act. " S T A l ^ RULEMAKING

20 USC 3144.

"SEC. 504. Nothing in this part 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 part if they do not conflict with the provisions of this part or with regulations promulgated by the Commissioner implementing this title or other applicable Federal law. The Commissioner shall encourage State educational agencies, 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. TECHNICAL (<

20 USC 3145.

ASSISTANCE AND DISSEMINATION OF INFORMATION

"SEC..505. Each State educational agency shall carry out a comprehensive program to provide technical assistance to local educational agencies and State agencies with respect to the use of funds received under this part. 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 education 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 subject to this part. ((MONITORING

Standards. 20 USC 3146.

"SEC. 506. Each State educational agency shall adopt standards, consistent with minimum standards established by the Commissioner, for monitoring the effectiveness of programs and projects subject to this part. Such standards shall (1) describe the purpose and scope of monitoring; (2) specify the frequency of on-site visits; {Z) 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

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


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Page:United States Statutes at Large Volume 92 Part 2.djvu/965

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2245

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 noncompliant practices are corrected. "COMPLAINT RESOLUTION

"SEC. 507. Each State educational agency shall adopt written pro- 20 USC 3147. cedures for receiving and resolving complaints, or reviewing appeals from decisions of local educational agencies with respect to complaints, concerning violations of this title, applicable provisions of the General Education Provisions Act or of programs subject to this part, and for conducting on-site investigations of complaints which the State educational agency deems necessary. Such procedure shall include— "(1) specific time limits for resolving the complaint or completing the review and, if necessary, the independent on-site 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 right to appeal the final resolution of the State educational agency to the Commissioner within thirty days after receipt of the written decision; and "(4) dissemination of information concerning the procedures to interested parties, including all district and school advisory councilSi ((WITHHOLDING OP PAYMENTS "SEC. 508. (a) Whenever a State educational agency, after reason- 20 USC 3148. able notice and opportunity for a hearing to any local educational agency or State agency, before an impartial decisionmaker, finds that there has been a failure to comply substantially with any provision of the programs subject to this part the State educational agency shall notify such agency that further payments, in whole or in part, will not be made to it under applicable provisions of law until it is satisfied that there is no longer any such failure to comply. Until it is so satisfied, no further payments shall be made to such agency under applicable provisions of law, except as may be provided in a compliance agreement entered into under subsection (c). Pending the outcome of any proceeding under this subsection, the State educational agency 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) 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 bring the State action to the attention of the public. "(c) 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, except that if the local educational

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Page:United States Statutes at Large Volume 92 Part 2.djvu/966

 92 STAT. 2246

Appeal. Post, p. 2354.

PUBLIC LAW 95-561—NOV. 1, 1978

agency or State agency fails to comply with the terms agreed to, such agreement shall no longer be in eflfect and subsection (a) shall be fully operative. In 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. Within 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) A local educational agency or 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. " A U D I T S A N D A U D I T RESOIiliTION

20 USC 3149.

Procedures.

Method of payment.

Repayment from non-Federal or Federal funds.

"SEC. 509. (a) Each State shall make provision for audits of the expenditure of funds received under programs subject to this part, including funds received under this part, to determine, at a minimum, the fiscal integrity of grant or subgrant financial transtvctions and reports, and the compliance with applicable statutes, regulations, and terms and conditions of the grant or subgrant. Such audits shall be made with reasonable frequency, usually annually, but not less frequently than once ever^ two years, considering the nature, size, and complexity of the activity. "(b) Each State educational agency shall have in effect written procedures, meeting minimum standards established by the Commissioner, to assure timely and appropriate resolution of audit findings and recommendations arising out 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 audi^ appeals process. Where, 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) A local educational agency or 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 any program to which this part applies which have been finally determined through the audit resolution process to have been misspent or misapplied.

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 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2247

" (d) A local educational agency or State agency may, in accordance with section 425(a) of the General Education Provisions Act, appeal a Post, p. 2354. final determination of the State educational agency under subsection (b) to the Commissioner. "(e) If, following an affirmance by the Commissioner 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 any program to which this part applies, the State educational agency shall promptly notify the Commissioner and the Commissioner shall promptly initiate collection action. " P A Y M E N T S; AUTHORIZATION

"SEC. 510. (a) The Commissioner is authorized to pay to each State 20 USC 3150. amounts equal to the amounts expended by it for the proper and efficient performance of its duties under this part, except that the total of such payments in any fiscal year shall not exceed— "(1) 1.75 per centum of the amount allocated to the State and its local educational agencies as determined for that year under the programs described in section 501(a): or "(2) $550,000, or $87,500 in the case of Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, or the Northern Marianas, whichever is the greater, but such payment shall not be less than the amount each State received for administration of programs under this Act for fiscal year 1978. "(b)(1) There are authorized to be appropriated such sums as may Appropriation be necessary to carry out the provisions of this part for the fiscal year authorization. 1979 and for each succeeding fiscal year ending prior to October 1, 1983. "(2) No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless— "(A) the amount appropriated under this subsection is sufficient to pay the full amount for which each State is eligible under subsection (a) of this section for that fiscal year, and "(B) the sums appropriated pursuant to this subsection are included in an act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning of such fiscal year. "(3) Whenever the requirements of paragraph (2) are not met, each State shall receive payments under section 194 and under section Ante, p. 2196. 404(a)(8) of this Act, for the administration of the programs in accordance with subpart 2 of part C of title I and title IV of this Act, Ante, pp. 2183, and sections 435 and 436 of the General Education Provisions Act. 2229. "(c)(1) The Commissioner is authorized to pay to each State in Payment of addition to the amount authorized under the preceding subsection an additional amount not to exceed 25 per centum of the amount authorized for that amounts. State under the preceding subsection in cases where— "(1) such funds are used solely for purposes of monitoring, audit resolution, enforcement, or other similar activities which

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Page:United States Statutes at Large Volume 92 Part 2.djvu/968

 92 STAT. 2248

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

are directly and exclusively related to the enforcement of the Ante, pp. 2153, requirements of titles I and IV of this Act and of this part, / 2229. "(2) the State applies to receive such individual funds and, in the annual application submitted under section 142 of this Act specifically describes the intended uses of such funds, and "(3) such funds are used to supplement, and not supplant, funds from non-Federal sources for such enforcement purposes. Appropriation «(2) There are authorized to be appropriated such sums as may authorization. Y>e necessaiT to carry out the provisions of paragraph (1) of this subsection for the fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1983. "PART B—STRENGTHENING STATE EDUCATIONAL AGENCY MANAGEMENT "ACTFvrnES AUTHORIZED

20 USC 3161.

" S E C 521. The amounts available to each State for the purposes of this part shall be used by the State educational agency of that State to strengthen the educational leadership resources of that agency and to assist that agency in identifying and meeting the critical educational needs of the State. Such activities may include— "(1) developing more equitable means of financing education in the State; "(2) providing resources to other branches of the State government to conduct analyses of educational issues facing the State; "(3) developing statewide programs to assess the educational progress of students in the State in both public and private schools, including testing programs and other methods of assessing student achievement in reading, writing, and mathematics; "(4) providing technical assistance to local educational agencies for improving planning, management of State and Federal programs, citizen involvement, and staff development; "(5) providing technical assistance to local educational agencies for improving their instructional programs, including programs that enable parents to assist in the instruction of their children at home; "(6) workshops, conferences, and other means of providing communication among educators and between educators and the public; "(7) dissemination of information concerning effective educational practices; "(8) coordinating public educational programs with those carried out in private nonprofit elementary and secondary schools in the State, and monitoring the requirements of Federal programs with respect to the participation therein of children enrolled in those schools; "(9) professional development of employees of the State educational agency; and "(10) developing curricular materials and programs. "PROGRAM REQUIREMENTS

20 USC 3162.

"SEC. 522. Each State which desires to participate in programs under this part shall submit to the Commissioner a State plan which sets forth in such detail as the Commissioner prescribes the purposes

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 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2249

for which funds provided under this part will be used by the State educational agency. The plan shall also set forth— "(1) the means by which the State will make information and technical assistance available to private nonprofit school officials who desire to arrange for children in those schools to participate in Federal elementary and secondary education programs; and "(2) a comprehensive plan for the coordination of Federal and Sta^^e funds for training activities for educational personnel in the State including preservice and inservice training, which plan shall be developed with the involvement of teachers, professional associations, institutions of higher education, and other interested individuals and organizations.

^

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 523. (a) There are authorized to be appropriated for the pur- 20 USC 3163. poses of this part such sums as may be necessary for fiscal year 1980 and for each of the succeeding fiscal years ending prior to October 1, 1983. "(b) No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless— " (A) the amount appropriated under this subsection is at least equal to 15 percent of the amount appropriated for part C of title IV for that fiscal year, and ^»'«» P- 2237. "(B) the sums appropriated pursuant to this subsection are included in an Act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning of such fiscal year. "(c) Whenever the requirements of subsection (b) are not met, each State may reserve sums under section 404(a)(9) of this Act. "PART C—COUNCILS ON QUALITY I N EDUCATION "NATIONAL AND STATE ADVISORY COUNCILS

"SEC. 531. (a)(1) There is hereby established a National Council on Quality in Education (hereafter referred to as the 'National Council') composed of fifteen members appointed by the President, by and with the advice and consent of the Senate. The membership of the National Council shall include persons who are familiar with the educational needs and goals of the Nation, persons with competence in assessing the progress of the education agencies, institutions, and organizations in meeting those needs and achieving those goals, persons familiar with the administration of State and local educational agencies and of institutions of higher education, and persons representative of the general public. Members shall 'be appointed without regard to political affiliation. Members shall be appointed for terms of three years, except that (A) in the case of initial members, one-third of the members shall be appointed for terms of one year each and one-third of the members shall be appointed for terms of two years each, and (B) appointments to fill the unexpired portion of any term shall be for such portion only. "(2) The National Council shall— _, ,

National Council on Quality Education, establishment. 20 USC 3171. Membership.

Functions.

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 92 STAT. 2250

PUBLIC LAW 95-561—NOV. 1, 1978

" (A) review the administration of, general regulations for, and operation of the programs assisted under this title at the Federal, State, and local levels, and other Federal education programs; "(B) advise the Commissioner and, when appropriate, the Secretary and other Federal officials with respect to the educational needs and goals of the Nation and assess the progress of the educational agencies, institutions, and organizations of the Nation toward meeting those needs and achieving those goals; "(C) conduct objective evaluations of specific education programs and projects in order to ascertain the effectiveness of such programs and projects in achieving the purpose for which they are intended; "(D) review, evaluate, and transmit to the Congress and the President the reports submitted pursuant to clause (E) of paragraph (3) of subsection (b) of this section; ' ' " (E) make recommendations (including recommendations for changes in legislation) for the improvement of the administration and operation of education programs including the programs authorized by this title; " (F) consult with Federal, State, local, and other educational agencies, institutions, and organizations with respect to assessing education in the Nation and the improvement of the quality of education, including— "(i) areas of unmet needs in education and national goals and the means by which those areas of need may be met and those national goals may be achieved; "(ii) determinations of priorities among unmet needs and national goals; " (iii) specific means of improving the quality and effectiveness of teaching, curricula, and educational media and of raising standards of scholarship and levels of achievement; and "(G) conduct national conferences on the assessment and improvement of education, in which national and regional education associations and organizations. State and local education officers and administrators, and other organizations, institutions, and persons (including parents of children participating in Federal education programs) may exchange and disseminate ''; information on the improvement of education; and " (H) conduct, and report on, comparative studies and evaluations of education systems in foreign countries. J "(3) No member of the council shall evaluate any program or project if such member is associated with the program or project as a consultant, technical advisor, or in any other similar capacity. Report to "(4) The National Council shall make an annual report, and such Congress and other reports as it deems appropriate on its findings, recommendations, President g^jj^j activities to the Congress and the President. The President is requested to transmit to the Congress, at least annually, such comments and recommendations as he may have with respect to such reports and its activities. "(5) In carrying out its responsibilities under this section, the National Council shall consult with the National Advisory Council on the Education of Disadvantaged Children, and such other advisory councils and committees as may have information and competence to assist the National Council. AH Federal agencies are directed to

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 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2251

cooperate with the National Council in assisting it in carrying out its functions. " (b)(1) Any State receiving payments under this title for any fiscal year may establish a State advisory council (hereinafter referred to as 'State council') which if it meets the rec^uirements and has the authority specified in this subsection may receive payments pursuant to subsection (c). The State council shall be appointed by the Governor or, in the case of States in which the members of the State educational agency are elected (including election by the State legislature), by such agency. "(2) The State council established pursuant to this subsection shall be broadly representative of the educational resources of the State and of the public. Representation on the State council shall include, but not be limited to persons representative of— "(A) public and nonprofit private elementary and secondary schools; "(B) institutions of higher education; "(C) areas of competence in planning and evaluating education programs, and the assessment of the effectiveness of, and the administration of, such programs at the State and local levels; and "(D) areas of competence dealing with children for whom special educational assistance is available under this Act. " (3) The State council shall— "(A) prepare and submit through the State educational agency a report of its activities, recommendations, and evaluations, together with such additional comments as the State educational agency deems appropriate, to the Commissioner and the National Council at such times, in such form, and in such detail, as the Commissioner may prescribe; "(B) advise the State educational agency on the preparation of, and policy matters arising in the administration of. State and local educational programs in the Statej including the development of criteria for approval of applications for assistance under this title; "(C) advise State and local officials who have a responsibility for education in the State with respect to the planning, evaluating, administration, and assessment of education in the State; "(D) review and make recommendations to the State educational agency on the action to be taken with respect to applications for assistance under this title by local educational agencies; and " (E) evaluate programs and projects assisted under this title. " (4) Any such State shall certify the establishment and membership of its State council to the Commissioner. "(5) Such State council shall meet within thirty days after its certification has been accepted by the Commissioner and select from among its membership a chairman. The time, place, and manner of meeting shall be as provided by the rules of the State council, except that such rules must provide for not less than one public meeting each year at which the public is given opportunity to express views concerning the operation of programs and projects assisted under this title. "(6) Such State council shall be authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable them to carry out their functions under this title and

State advisory council, establishment.

Personnel.

Certification.

Professional and other personnel.

�


text: Dictionary of National Biography, 1885-1900/William (1132?-1144)


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/972

 92 STAT. 2252

Appropriation authorization.

PUBLIC LAW 95-561—NOV. 1, 1978 to contract for such services as may be necessary to enable them to carry out their evaluation functions. "(c)(1) There are authorized to be appropriated for each fiscal year such sums, not in excess of 21^ per centum of the amount otherwise appropriated for such year for the purposes of this title, as may be necessary to carry out the provisions of this subsection.".

TITLE VI—ESTABLISHMENT OF A NEW TITLE VI OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 EMERGENCY SCHOOL AID

SEC. 601. (a) Title VT of the Act is amended to read as follows: Emergency School Aid Act

^'TITLE VI—EMERGENCY SCHOOL AID u SHORT TITLE

20 USC 3191.

"SEC. 601. This title may be cited as the 'Emergency School Aid Act' u FINDINGS AND PURPOSE

20 USC 3192.

"SEC. 602. (a) The Congress finds that the process of eliminating or preventing minority group isolation and improving the quality of education for all children often involves the expenditure of additional funds to which local educational agencies do not have access. "(b) The purpose of this title is to provide financial assistance— "(1) to meet the special needs incident to the elimination of minority group segregation and discrimination among students and faculty in elementary and secondary schools; and "(2) to encourage the voluntary elimination, reduction, or prevention of minority group isolation in elementary and secondary schools with substantial proportions of minority group students. " P O L I C Y WITH R E S P E C T TO THE APPLICATION OF CERTAIN PROVISIONS OF FEDERAL LAW

Guidelines and criteria. 20 USC 3193.

42 USC 2000d. Ante, p. 2188.

"SEC. 603. (a) It is the policy of the United States that guidelines and criteria established pursuant to this title shall be applied uniformly in all regions of the United States in dealing with conditions of segregation by race in the schools of the local educational agencies of any State without regard to the origin or cause of such segregation. "(b) I t is the policy of the United States that guidelines and criteria established pursuant to title VI of the Civil Rights Act of 1964 and section 182 of the Elementary and Secondary Education Amendments of 1966 shall be applied uniformly in all regions of the United States in dealing with conditions of segregation by race whether de jure or de facto in the schools of the local educational agencies of any State without regard to the origin or cause of such segregation. uAUTHORIZATION

20 USC 3194,

"SEC. 604. (a) The Assistant Secretary shall, in accordance with the provisions of this title, carry out a program designed to achieve the purpose set forth in section 602(b). The Assistant Secretary shall

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Page:United States Statutes at Large Volume 92 Part 2.djvu/973

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92 STAT. 2253

delegate the responsibilities for the operation for such program to the Commissioner. "(b)(1) There are authorized to be appropriated for the purposes of this title, to be apportioned among the States in accordance with section 605, $155,000,000 for fiscal year 1980 and for each of the three succeeding fiscal years. " (2) There are further authorized to be appropriated for the purpose of this title $245,000,000 for fiscal year 1980 and for each of the three succeeding fiscal years for special programs and projects under section 608 (except subsection (b) thereof) and under section 611^ and for evaluations under section 613. From the amount appropriated under this subsection for any fiscal year, the Assistant Secretary shall reserve $20,000,000 or 25 per centum of such sums appropriated under this title, whichever is greater, for the purpose of carrying out programs and projects described in section 608(a)(1) through (3) and shall reserve 7 per centum for the projects described in section 611. " (3) There are further authorized to be appropriated for the purpose of this title $15,000,000 for the fiscal year 1980 and for each of the three succeeding fiscal years for programs and projects designed to support the development or implementation of plans under section 608(b). "(c)(1) There are further authorized to be appropriated for the purpose of this title $7,250,000 and such additional sums as may be necessary for fiscal year 1980 and for each of the three succeeding fiscal years for providing compensatory services to students who had previously received such services funded in whole or in part under title I of this Act, but who are no longer receiving such services as a result of ^"^^' P- 2153. attendance area or enrollment changes under a plan implemented or ordered after August 21, 1974, if the plan meets the requirements of section 606(a)(1)(A), (B), (C),or (D) for eligibility for assistance under this title. "(2) Funds made available under paragraph (1)— "(A) shall not be used in any manner which would result in the isolation of the students described in such paragraph from other students in the school to which the students so described have been assigned by such plan; and "(B) shall be used to establish compensatory education programs, not less than 30 per centum of the enrollment in which is such other students, except that— "(i) if such school receives funds under provisions of this title other than this subsection, such funds shall be used to provide such services to such other students; or " (ii) if such school does not receive such funds, funds provided under this subsection may be used for such other students, not exceeding 30 per centum of the enrollment in such program. "APPORTIONMENT AMONG STATES

"SEC. 605. (a) From the sums appropriated pursuant to section 20 USC 3195. 604(b)(1) for any fiscal year, the Assistant Secretary shall apportion to each State for grants and contracts within the State $75,000 plus an amount which bears the same ratio to such sums as the number of minority group children aged five through seventeen, inclusive, in that State bears to the number of such children in all States, except that the amount apportioned to any State shall not be less than

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Page:United States Statutes at Large Volume 92 Part 2.djvu/974

 92 STAT. 2254

PUBLIC LAW 95-561—NOV. 1, 1978 $100,000. The number of such children in each State and in all of the States shall be determined by the Assistant Secretary on the basis of the most recently available satisfactory data. "(b)(1) The amount by which any apportionment to a State for a fiscal year under subsection (a) exceeds the amount which the Assistant Secretary determines will be required for that fiscal year for programs and projects within that State shall be available either— " (A) for reapportionment to other States for which the amount so apportioned is insufficient for approvable programs or projects for that fiscal year, or "(B) for special programs and projects under section 608(a), whichever the Assistant Secretary determines will best achieve the purposes of this title. The Assistant Secretary shall distribute any amounts reapportioned among the States pursuant to clause (A) in proportion to the need of eligible applicants in each such State for approvable programs or projects. "(2) The Assistant Secretary shall not fix a date for reapportionment, pursuant to this subsection, of any portion of any apportionment to a State for a fiscal year which date is earlier than one hundred and twenty days prior to the end of such fiscal year. "(3) Notwithstanding the provisions of paragraph (1) of this subsection, no portion of any apportionment to a State for a fiscal year shall be available for reapportionment pursuant to this subsection unless the Assistant Secretary determines that the application for assistance under this title which have been filed by eligible applicants in that State for which a portion of such apportionment has not been reserved (but which would necessitate use of that portion) are applications which do not meet the requirements of this title, as set forth in sections 606, 607, and 610, or which set forth programs or projects of such insufficient promise for achieving the purposes of this title stated in section 602(b) that their approval is not warranted. uELIGIBILITT FOR ASSISTANCE

20 USC 3196.

42 USC 2000d. / /

"SEC. 606. (a)(1) The Assistant Secretary is authorized to make a grant to, or a contract with, a local educational agency— " (A) which is implementing a plan— "(i) which has been undertaken pursuant to a final order issued by a court of the United States, or a court of any State, or any other State agency or official of competent jurisdiction, and which requires the dese^egation of minority group segregated children or faculty in the elementary and secondary schools of such agency, or otherwise requires the elimination or reduction of minority group isolation in such schools, and which may, in addition, require educational activities in i ininority group isolated schools not affected by the reassignment of children or faculty under the plan in order to remedy the effects of illegal segregation; or "(ii) which has been approved by the Secretary as adequate under title VI of the Civil Eights Act of 1964 for the desegregation of minority group segregated children or factilty in such schools; or "(B). which, without having been required to do so, has adopted imd is implementing, or will, if assistance is made available to it under this title, adopt and implement, a plan for the complete

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Page:United States Statutes at Large Volume 92 Part 2.djvu/975

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92 STAT. 2255

elimination of minority group isolation in all the minority group isolated schools of such agency; or "(C) which has adopted and is implementing, or will, if assistance is made available to it under this Act, adopt and implement a plan— "(i) to eliminate or reduce minority group isolation in one or more of the minority group isolated schools of such agency, " (ii) to reduce the total number of minority group children who are in minority group isolated schools of such agency, or " (iii) to prevent minority group isolation reasonably likely to occur (in the absence of assistance under this title) in any school in such district in which school at least 20 per centum, but not more than 50 per centum, of the enrollment consists of such children, or "(D) which, without having been required to do so, has adopted and is implementing, or will, if assistance is made available to it under this title, adopt and implement a plan to enroll and educate in the schools of such agency children who should not otherwise be eli^ble for enrollment because of nonresidence in the school district of such agency, where such enrollment would make I a signiJ&cant contribution toward reducing minority group isolation in one or more of the school districts; or " (E) which is developing a plan of desegregation— "(i) issued by a court of the United States or a court of any State, or any other State agency or official of competent jurisdiction, or "(ii) undertaken by such agency voluntarily, and which plan will require the desegregation of minority group segregated children or faculty in the elementary and secondary schools of such agency, or otherwise will require the elimination or reduction of minority group isolation in such schools, or which has been approved by the Secretary as adequate under title VI of the Civil Eights Act of 1964 for the desegregation of minority 42 USC 2000d. group segregated children or faculty in such schools, and the period for such planning does not exceed two years. Grants under clause (E) shall be from funds appropriated to carry out the purposes of section 608, and not more than one grant for the development of a plan under clause (E) of this paragraph may be made to any local educational agency. Receipt of a grant or contract under clause (E) of this paragraph shall not be used as an absolute defense in any court of the United States, or a court of any State, or before any other State agency or official of competent jurisdiction. "(2)(A) The Assistant Secretary is authorized, in accordance with special eligibility criteria established by regulation for the purposes of this paragraph, to make grants to, and contracts with, local educational agencies for the purposes of section 609(a)(1). " (B) A local educational agency shall be eligible for assistance under Assistance, eligibility, this paragraph only if— "(i) such agency is located within, or adjacent to, a Standard conditions. Metropolitan Statistical Area; "(ii) the schools of such agency are not attended by minority group children in a significant number or proportion: and "(lii) such local educational agency has made joint arrangements with a local educational agency, located within that Standard Metropolitan Statistical Area, and the schools of which are

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Page:United States Statutes at Large Volume 92 Part 2.djvu/976

 92 STAT. 2256

Grant or contract, eligibility.

Assistance, noneligibility conditions.

Exception.

PUBLIC LAW 95-561—NOV. 1, 1978 attended by minority group children in a significant proportion, for the establishment or maintenance of one or more integrated schools as provided in section 617(3). "(b) No local educational agency making application under this section shall be eligible to receive a grant or contract in an amount in excess of the amount determined by the Assistant Secretary, in accordance with regulations setting forth criteria established for such purpose, to be the additional cost to the applicant arising out of activities authorized under this title, above that of the activities normally carried out by the local educational agency, "(c)(1) Except as provided in paragraph (2), no educational agency shall be eligible for assistance under this title if it has, after June 23, 1972— "(A) transferred (directly or indirectly by gift, lease, loan, ' sale, or other means) real or personal property to, or made any services available to, any transferee which it knew or reasonably should have known to be a nonpublic school or school system (or any organization controlling, or intending to establish, such a school or school system) without prior determination that such nonpublic school or school system (i) is not operated on a racially segregated basis as an alternative for children seeking to avoid attendance in desegregated public schools, and (ii) does not otherwise practice, or permit to be practiced, discrimination on the basis of race, color, or national origin in the operation of any school activity; "(B) had in effect any practice, policy, or procedure which results in the disproportionate demotion or dismissal of instructional or other personnel from minority groups in conjunction with desegregation or the implementation of any plan or the conduct of any activity described in this section, or otherwise engaged in discrimination based upon race, color, or national origin in the hiring, promotion, or assignment of employees of the agency (or other personnel for whom the agency has any administrative "(C) in conjunction with desegregation or the conduct of an activity described in this section, had in effect any procedure for the assignment of children to or within classes which results in the separation of minority group from nonminority group children for a substantial portion of the school daj^, except that this clause does not prohibit the use of bona fide ability grouping by a local educational agency as a standard pedagogical practice; or "(D) had in effect any other practice, policy, or procedure, such as limiting curricular or extracurricular activities (or participation therein by children) in order to avoid the participation of ,; minority group children in such activities, which discriminates among children on the basis of race, color, or national origin; except that, in the case of any local educational agency which is ineligible for assistance by reason of clause (A), (B), (C), o r (D), such agency may make application for a waiver of ineligibility, which application shall specify the reason for its ineligibility, contain such information and assurances as the Secretary shall require by regulation in order to insure that any practice, policy, or procedure, or other activity resulting in the ineligibility has ceased to exist or occur and include such provisions as are necessary to insure that such activities do not reoccur after the submission of the application.
 * responsibility);

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Page:United States Statutes at Large Volume 92 Part 2.djvu/977

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2257

"(2) "WHienever a local educational agency applies for assistance under clause (E) of section 606(a)(1), the provisions of clauses (C) and (D) of paragraph (1) of this subsection shall not apply if the local educational agency provides a&surances in the application for assistance that the development of the plan for which assistance is sought will address the conditions described in such clauses (C) and (D). "(3)(A) Applications for waivers under paragraph (1) may be approved only by the Secretary. The Secretary's functions under this paragraph shall, notwithstanding any other provision of law, not be delegated. "(B) Application for waiver shall be granted by the Secretary upon determination that any practice, policy^ procedure or other activity resulting in ineligibility has ceased to exist, and that the applicant has given satisfactory assurance that the activities prohibited in this subsection will not reoccur. " (4) No application for assistance under this title shall be approved prior to a determination by the Secretary "that the applicant is not ineligible by reason of this subsection. " (5) All determinations pursuant to this subsection shall be carried out in accordance with criteria and investigative procedures established by regulations of the Secretary for the purpose of compliance with this subsection. "(6) All determinations and waivers pursuant to this subsection shall be in writing. "(7) The Assistant Secretary shall prepare and include in the annual report required by section 422(a)(4) of the General Education Provisions Act a list of all the waivers granted under this subsection 20 USC 1231a. for the preceding fiscal year. uAUTHORIZED ACTIVITIES

"SEC. 607. (aj The Assistant Secretary shall make sums appropri- 20 USC 3197. ated under section 604(a) for any fiscal year available for programs and projects designed to meet educational needs that arise from the development of or the implementation of a plan described in section 606(a). Those programs and projects may include, but are not limited to— "(1) the training of school staff and local educational agency staff in the handling of problems incident to the implementation of a qualifying plan; "(2) the' provision of additional staff members (including teacher aides) to assist in meeting educational needs that arise from the implementation of the plan; "(3) the development or acquisition of new curricula, methods, practices, techniques, or materials to support a program of instruction for children from all racial, etlmic, and economic backgrounds, including instruction in the language and cultural heritage of minority groups; "(4) innovative educational activities, including extracurricular activities, which involve the joint participation of minority group children and other children: "(5) community relations activities, including public information efforts, in support of the implementation of a qualifying plan;

9-194 O—80—pt. 2

62: QL3

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Page:United States Statutes at Large Volume 92 Part 2.djvu/978

 92 STAT. 2258

PUBLIC LAW 95-561—NOV. 1, 1978

Q 3 f Ante, p. 2153.

"(6) planning, evaluation, dissemination, and other administrative activities directly related and necessary to other activities in the program or project; "(7) repair or minor remodeling or alteration of existing school facilities (including the acquisition, installation, modernization, or replacement of instructional equipment) and the lease or purchase of mobile classroom units or other mobile education facilities, where necessary to carry out other activities in the program or project; "(8) the provision of compensatory services to children who have received such services under title I but who are no longer eligible to receive those services as a result of attendance area changes under a qualifying plan; "(9) activities to prevent or eliminate recurring or continuing problems resulting from the implementation of a qualifying plan; "(10) planning to implement or carry out a plan of desegreation issued by a court of the United States, or a court of any tate, or any other State agency or official of competent jurisdiction, and which requires the desegregation of minority group segregated children or faculty in the elementary and secondary schools of such agency, or otherwise requires the elimination or reduction of minority group isolation in such schools or which has been approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 for the desegregation of minority group segregated children or faculty in such schools; and " (11) in the case of an applicant implementing a court-ordered desegregation plan under section 606(a)(l)(A)(i), the conduct

§

42 USC 2000d. <i ' -•'•^' •'•'•

of educational activities in one or more minority group isolated schools which are not affected by the reassignment of children or

faculty under the plan, where the activities have been required by the court to remedy the effects of illegal segregation. a program or projects under this section the local educational agency shall give preference to parents of children affected by the implementation of a qualifying plan. "SPECIAL PROGRAMS AND PROJECTS
 * ' (b) In recruiting and hiring teacher aides to assist in carrying out

20 USC 3198.

"SEC. 608. (a) From the amount appropriated for any fiscal year under section 604(b), the Assistant Secretary is authorized to make grants to, and contracts with. State and local educational agencies, and other public and private nonprofit agencies and organizations (or a combination of such agencies and organizations) for the purpose of carrying out activities which the Assistant Secretary determines will make substantial progress toward achieving the purposes of this title, including, but not limited to— "(1) the planning for, design of, and conduct of programs in magnet schools; " (2) the pairing of schools and programs with institutions of higher education and with businesses; "(3) the development of plans for neutral site schools; "(4) activities designed to meet the needs of minority group children of limited English language proficiency enrolled in the schools of a local educational agency eligible for assistance under section 606; and

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


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/979

 PUBLIC LAW 95-561—NOV. 1, 1978 "(5) the development and production of integrated children's television and radio programs of cognitive and affective educational value, as described in section 611. "(b) From the amount appropriated for any fiscal year under section 604(b)(3), the Assistant Secretary, in cases in which it would effectively carry out the purpose of this title stated in section 602(b), may assist by grant or contract any public or private nonprofit agency, institution, or organization (other than a local educational agency) in any State to carry out programs or projects designed to support the development or implementation of a plan described in section 606(a). "(cWl) From the amount available for the purposes of this section for each fiscal year, the Assistant Secretary shall carry out a program of making grants to State educational agencies, or other State agencies involved in or responsible for the desegregation of public elementary and secondary schools, to pay a portion of the cost of State activities related to— "(A) planning (i) for the implementation of voluntary plans to eliminate or reduce minority group isolation in those schools, and (ii) to assess future needs, and to develop further strategies to meet those needs; "(B) providing technical assistance to encourage local educational agencies or groups of those agencies to develop or implement voluntary plans to eliminate or reduce minority group isolation in those schools; and "(C) providinsr training for educational personnel involved in developing or carrying out a voluntary plan to eliminate or reduce minority group isolation in those schools. "(2) The amount of assistance made available to a State under this subsection for any fiscal year shall be twice the amount of State funds expended in the preceding fiscal year for the activities listed in pararaph (1). The amount provided to a State under this section for any seal year shall not exceed— "(A) 10 per centum of the amount apportioned to the State for that fiscal year under section 605, or "(B) $500,000, whichever is greater. "(3) No grant may be made to a State under this subsection unless the application for that grant has been developed in consultation with teachers, educators, parents (including parents of minority group children), and representatives of the general public (including representatives of minority groups), of whom the proportion of minority group individuals shall be approximately the same as the proportion of minority group children enrolled in the elementary and secondary schools in the State.

92 STAT. 2259

Grants and contracts.

Assistance for State activities.

f

Grant applications.

"METROPOLITAN AREA PROJECTS

"SEC. 609. (a) Sums available to the Assistant Secretary under 20 USC 3199. section 608 for metropolitan area projects shall be available for the following purposes: "(1) A program of grants to, and contracts with local educational agencies which are eligible under section 606(a)(2) in order

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Page:United States Statutes at Large Volume 92 Part 2.djvu/980

 92 STAT. 2260

_

PUBLIC LAW 95-561—NOV. 1, 1978 to assist them in establishing and maintaining integrated schools as defined in section 617(3). "(2) A program of grants to groups of local educational agencies located in a Standard Metropolitan Statistical Area for the joint development of a plan to reduce and eliminate minority group isolation, to the maximum extent possible, in the public elementary and secondary schools in the Standard Metropolitan Statistical Area, which shall, as a minimum, provide that by a date certain, but in no event later than July 1, 1983, the percentage of minority group children enrolled in each school in the Standard Metropolian Statistical Area shall be at least 50 per centum of the percentage of minority group children enrolled in all the schools in the Standard Metropolitan Statistical Area. No grant may be made under this paragraph unless— "(A) two-thirds or more of the local educational agencies in the Standard Metropolitan Statistical Area have approved the application, and "(B) the number of students in the schools of the local educational agencies which have approved the application constitutes two-thirds or more of the number of students in the schools of all the local educational agencies in the Standard Metropolitan Statistical Area. "(b) In making grants and contracts under this section, the Assistant Secretary shall insure that at least one grant shall be for the purposes of paragraph (2) of subsection (a). "APPLICATIONS

20 USC 3200,

Information, availability to public.

"SEC. 610. (a) Any local educational agency desiring to receive assistance under this title shall submit to the Assistant Secretary, at such time, in such form, and containing only such information as the Secretary and the Assistant Secretary deem necessary to carry out their functions under this title, an application describing the activities to be carried out under the application during the period, not to exceed five academic years, for which assistance is being sought. That application, together with all correspondence and other written materials relating thereto, shall be made readily avwlable to the public by the applicant and by the Assistant Secretary. The Assistant Secretary may approve an application only upon a determination that such application— "(1) has been developed— "(A) in open consultation with parents, teachers and, where applicable, secondary school students, including at least one public hearing at which such persons have had a full opportunity to understand the program for which assistance is being sought and to offer recommendations thereupon, and "(B) with the participation of a committee composed of parents of children enrolled in the applicant's schools, teachers and, where applicable, secondary school students, of which at least half the members shall be such parents and at least half shall be persons from minority groups; "(2) sets forth such policies and procedures as will insure that the program for which assistance is sought will be operated in consultation with, and with the involvement of, parents of the children and representatives of the area to be served, including the committee established for the purposes of clause (1)(B);

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Page:United States Statutes at Large Volume 92 Part 2.djvu/981

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2261

"(3) sets forth such policies and procedures, and contains such information, as will insure that funds paid to the applicant under the application will be used solely to pay the additional cost to the applicant in carrying out the program described in the application; "(4) contains such assurances and other information as will insure that the program for which assistance is sought will be administered by the applicant, and that any funds received by the applicant, and any property derived therefrom, will remain under the administration and control of the applicant; "(5) provides that the plan with respect to which such agency is seeking assistance (as specified in section 606(a)(1)(A)) does not involve freedom of choice as a means of desegregation, unless the Assistant Secretary determines that freedom of choice has achieved, or will achieve, the complete elimination of a dual school system in the school district of such agency; "(6) provides assurances that such agency will carry out, and comply with, all provisions, terms, and conditions of any plan, as described in section 606, upon which a determination of its eligibility for assistance under this title is based; "(7) sets forth such policies and procedures, and contains such information, as will insure that funds made available to the applicant (A) under this title will be so used (i) as to supplement the level of funds that would, in the absence of such funds, be made available from non-Federal sources for the purposes of the program for which assistance is sought, and for promoting the integration of the schools of the applicant, and for the education of children participating in such program, and (ii) in no case, as to supplant such funds from non-Federal sources, and (B) under any other law of the United States will, in accordance with standards established by regulation, be used in coordination with such programs to the extent consistent with such other law, except that nothing in this clause shall prohibit the use of funds under this title for otherwise authorized activities required under a court-ordered plan described in section 606(a)(1)(A)(i); "(8) provides that (A) to the extent consistent with the number of minority group children in the area to be served who are enrolled in private nonprofit elementary and secondary schools which are operated in a manner free from discrimination on the basis of race, color, or national origin, and which do not serve as alternatives for children seeking to avoid attendance in desegregated or integrated public schools, whose participation would assist in achieving the purpose of this title stated in section 602(b), provides assurance that such agency (after consultation with the appropriate private school officials) has made provision for their participation on an equitable basis, and (B) to the extent consistent with the number of children, teachers, and other educational staff in the school district of such agency enrolled or employed in private nonprofit elementary and secondary schools whose participation would assist in achieving the purpose of this title vStated in section 602(b), such agency (after consultation with the appropriate private school officials) has made provisions for their participation on an equitable basis; " (9) provides that the applicant has not reduced its fiscal effort per student or the aggregate expenditure for the provision of free

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


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/982

 92 STAT. 2262

Reports.

Recordkeeping.

Ante, p. 2153.

Notice of ineligibility.

Applications, criteria for approval.

PUBLIC LAW 95-561—NOV. 1, 1978 public education for children in attendance at the schools of such agency for the fiscal year for which assistance is sought under this title to less than that of the second preceding fiscal year; "(10) provides that the appropriate State educational agency has been given reasonable opportunity to offer recommendations to the applicant and to submit comments to the Assistant Secretary; "(11) sets forth effective procedures, including provisions for objective measurement of change in educational achievement and other change to be effected by programs conducted under this title, for the continuing evaluation of programs under this title, including their effectiveness in achieving clearly stated program goals, their impact on related programs and upon the community served, and their structure and mechanisms for the delivery of services, and including, where appropriate, comparisons with proper control groups composed of persons who have not participated in such programs or projects; "(12) provides (A) that the applicant will make periodic reports at such time, in such form, and containing such information as the Assistant Secretary may prescribe, including, in the case of reports relating to performance, that the reports be consistent with specific criteria related to the program objectives and (B) that the applicant will keep such records and afford such access thereto as— "(i) will be necessary to insure the correctness of such reports and to verify them, ^'(ii) will be necessary to insure the public adequate access to such reports and other written materials; and "(13) provides that the applicant, in developing the program or project for which it seeks assistance, has considered the need for compensatory services for children who received those services under title I of this Act, but who are no longer eligible to receive those services as a result of attendance area changes under a qualifying plan. " (IJ) Except in the case of applications for assistance under section 608(a), the Secretary shall determine whether the applicant is eligible under section 606(c), and notify the applicant in writing of any determination of ineligibility under that subsection, including in detail the relevant information on which the determination of ineligibility is based, not later than March 1 of the year in which the academic year or other period for which the assistance is sought begins. Not later than June 30 of that year, the Assistant Secretary shall notify the applicant of the approval or disapproval of the application and the amount of its award, if any. "(c) No application under this section may be approved which is not accompanied by the written comments of a committee established pursuant to clause (2)(B) of subsection (a). The Assistant Secretary shall not approve an application without first affording the committee an opportunity for an mformal hearing if the committee requests such a hearing. "(d) In approving applications submitted under this title (except for those submitted under sections 608(b) and 613) the Assistant Secretary shall apply the following criteria:

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Page:United States Statutes at Large Volume 92 Part 2.djvu/983

 PUBLIC TAW 95-561—NOV. 1, 1978

92 STAT. 2263

"(1) the need for assistance based on the expense or difficulty of effectively carrying out a plan described in section 606(a) and the program or projects for which assistance is sought; "(2) the degree to which implementation of the plan described in section 606(a) has effected or will effect a decrease in minority group isolation in minority group isolated schools; > "(3) the recentnpRs of the implementation of the plan described in section 606(a); "(4) the degree to which the program or project for which assistance is sought affords promise of achieving the purposes of this title; and "(5) the degree to which the plan described in section 606 involves to the fullest extent practicable the total educational resources, both public and private, of the community to be served. " (e)(1) An application of a local educational agency for assistance Duration of under this title may cover a period of from one to five years. A new assistance, application shall be required for any assistance under this title for years subsequent to that period. The Assistant Secretary shall base the decision as to the length of time for which an application will be, "• • approved on— "(A) the severity of the problems addressed by the program or project for which assistance is being sought; "(B) the nature of the activities proposed in the application; "(C) the likely duration of the problems addressed by the application; and "(D) such other criteria, established by the Assistant Secretary as will assure the most effective use of this title. "(2) If the Assistant Secretary approves an application of a local educational agency under this title for a period covering more than one fiscal year, no subsequent application shall be required from that agency'^ in any fiscal year during that period unless the agency proposes to carry out, in any such fiscal year, activities not included in the approved application. However, payments to any such agency for any fiscal year subsequent to the first fiscal year for which the application has been approved shall be made only if— "(A) sufficient appropriations are available for making payments in each such subsequent fiscal year; but such payments to applicants which are approved for a period of more than one year shall be made prior to any approval of funding requests from other applicants unless the Assistant Secretary finds that the urgency of needs elsewhere requires a reduction of the level of support for the applicants first approved; "(B) the Assistant Secretary determines that the agency is not ineligiijle for assistance under section 606(d) in each subsequent fiscal year; and "(C) the agency demonstrates, by such means as the Assistant Secretary may prescribe, that satisfactory progress is being made .;,, toward achieving the objectives of the program or projects for which assistance has be«n made available under this title. " (f) The Assistant Secretary shall not give less favorable consideration to the application of a State or local educational agency (including an agency currently classified as legally desegregated by the Secretary) which has voluntarily adopted a plan qualified for assistance under this title (due only to the voluntary nature of the action) than to the

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Page:United States Statutes at Large Volume 92 Part 2.djvu/984

 92 STAT. 2264

Applications, filing dates.

PUBLIC LAW 95-561—NOV. 1, 1978 application of a local educational agency which has been legally required to adopt such a plan. "(g) The Assistant Secretary may, from time to time, set dates by which applications shall be filed. "(h) In the case of an application by a combination of local educational agencies for jointly carrying out a program or project under this title, at least one such agency shall be a local educational agency described in section 606(a) and any one or more of such agencies joining in such application may be authorized to administer such program or project. "(i) No State shall reduce the amount of State aid with respect to the provision of free public education in any school district of any local educational agency within such State because of assistance made or to be made available ito such agency under this title. "EDUCATIOXAL, TELEVISION AND RADIO

Grants and contracts.

20 USC 3201.

"SEC. 611. (a)(1) The Assistant Secretary shall carry out a program of making grants to, or contracts with, public or private nonprofit agencies, institutions, or organizations with the capability of providing expertise in the development of high quality television and radio programing, in sufficient number to assure diversity, to pay the cost of development and production of integrated children's television and radio programs of cognitive and affective educational value. "(2) Television and radio programs developed in whole or in part with assistance provided under this title shall be made reasonably available for transmission, free of charge, and shall not be transmitted under commercial sponsorship. " (3) The Assistant Secretary may approve an application under this section only if he determines that the applicant— "(A) will employ members of minority groups in responsible positions in development, production, and administrative staffs; "(B) will assure the development of productions having a substantial artistic or educational significance; " (C) will use modern television and radio techniques of research and production; and "(D) has adopted effective procedures for evaluating educational and other changes achieved by children viewing the program. " (b) Grants and contracts pursuant to subsection (a) may be made from funds available to carry out section 604(b)(2) of this Act. "(c) Not to exceed 10 per centum of the amounts available for this section shall be used for grants and contracts for development and production of radio programing. "PAYMENTS

20 USC 3202.

"SEC. 612. (a) Upon his approval of an application for assistance under this title, the Assistant Secretary shall reserve from the applicable apportionment (including any applicable reapportionment) available therefor the amount fixed for such application. "(b) The Assistant Secretary shall pay to the applicant such reserved amount, in advance or by way of reimbursement, and in such installments consistent with established practice, as he may determine. Payments under this title for a fiscal year shall remain available for

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Page:United States Statutes at Large Volume 92 Part 2.djvu/985

 PUBLIC LAW 95-561—NOV. 1, 1978 cbligaticn and expenditure by the recipient until the end of the succeeding fiscal year. "(c)(1) If a local educational agency in a State is prohibited by law from providing for the participation of children and staff enrolled or employed in private nonprofit elementary and secondary schools as required by paragraph (8) of section 610(a), the Assistant Secretary may waive such requirement with respect to local educational agencies in such State and, upon the approval of an application from a local educational agency within such State, shall arrange for the provision of services to such children enrolled in, or teachers or other educational staff of, any nonprofit private elementary or secondary school located within the school district of such agency if the participation of such children and staff would assist in achieving the purpose of this title stated in section 602(b). The services to be provided through arrangements made by the Assistant Secretary under this paragraph shall be comparable to the services to be provided by such local educational agency under such application. The Assistant Secretary shall pay the cost of such arrangements from such State's allotment or, in the case of an application under section 608(a), from the sums available to the Assistant Secretary under section 604(b) for the purpose of that subsection. "(2) In determining the amount to be paid pursuant to paragraph (1), the Assistant Secretary shall take into account the number of children and teachers and other educational staff who, except for provisions of State law, might reasonably be expected to participate in the program carried out under this title by such local educational agency. "(3) If the Assistant Secretary determines that a local educational agency has substantially failed to provide for the participation on an equitable basis of children and staff enrolled or employed in private nonprofit elementary and secondary schools as required by paragraph (8) of section 610(a), he shall arrange for the provision of services to children enrolled in, or teachers or other educational staff of, the nonprofit private elementary or secondary school or schools located within the school district of such local educational agency, which services shall, to the maximum extent feasible, be identical with the services which would have been provided such children or staff had the local educational agency carried out such assurance. The Assistant Secretary shall pay the cost of such services from the grant to such local educational agency and shall have the authority for this purpose of recovering from such agency any funds paid to it under such grant. "(d) After making a grant or contract under this title, the Assistant Secretary shall notify the appropriate State educational agency of the name of the approved applicant and of the amount approved.

92 STAT. 2265

Waiver.

Application approval, notification.

((EVALUATIONS "SEC. 613. From the amount appropriated under section 604(b) for 20 USC 3203. any fiscal year, the Assistant Secretary is authorized to reserve for the purpose of this section not to exceed 1 per centum of the amount appropriated under this title for that fiscal year. From such reservation, the Assistant Secretary is authorized to make grants to, and contracts with. State educational agencies, institutions of higher education and private organizations, institutions, and agencies, including committees established pursuant to section 610(a)(1) for the purpose of evaluating specific programs and projects assisted under this title.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/986

 92 STAT. 2266

PUBLIC LAW 95-561—NOV. 1, 1978 u JOINT FUNDING

20 USC 3204.

Contract or grant requirements.

"SEC. 614. Pursuant to regulations prescribed by the President, where funds are advanced under this title, and by one or more other Federal agencies for any project or activity, funded in whole or in part under this title, any one of such Federal agencies may be designated to act for all in administering the funds advanced. In such cases any such agency may waive any technical grant or contract requirement (as defined by regulations^ which is inconsistent with the similar requirements of the administering agency or which the administering agency does not impose. Nothing in this section shall be construed to authorize (1) the use of any funds appropriated under this title for any purpose not authorized herein, (2) a variance of any reservation or apportionment under section 604 or 605, or (3) waiver of any requirement set forth in sections 606 through 611. " A T TO R N E Y FEES

20 USC 3205.

"SEC. 615. Upon the entry of a final order by a court of the United States against a local educational agency, a State (or any agency thereof), or the United States (or any agency thereof), for failure to comply with any provision of this title or for discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964, or the fourteenth amendment to the Constitution of the United States as they pertain to elementary and secondary education, the court, in its discretion, upon a finding that the proceedings were necessary to bring about compliance, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs. "NEIGHBORHOOD SCHOOLS

20 USC 3206.

"SEC. 616. Nothing in this title shall be construed as requiring any local educational agency which assigns students to schools on the basis of geographic attendance areas drawn on a racially nondiscriminatory basis to adopt any other method of student assignment. "DEFINITIONS

20 USC 3207, '•' •'

"SEC. 617. Except as otherwise specified, the following definitions shall apply to the terms used in this title: "(1) The term 'equipment' includes machinery, utilities and built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessarj for the provision of educational services, such as instructional equipment and necessary furniture, printed, published, and audiovisual instructional materials, and other related material. j " (2) The term 'institution of higher education' means an educational institution in any State which— "(A) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate; "(B) is legally authorized within such State to provide a program of education beyond high school; "(C) provides an educational program for which it awards a bachelors degree; or provides not less than a two-year program

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Page:United States Statutes at Large Volume 92 Part 2.djvu/987

 PUBLIC LAW 95-561—NOV. 1, 1978 which is acceptable for full credit toward such a degree, or ojffers a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in en^neering, scientific, or other technological fields which require the under-standing and application of basic engineering, scientific, or mathematical principles or knowledge; "(D) is a public or other nonprofit institution; and " (E) is accredited by a nationally recognized axx;rediting agency or association listed by the Assistant Secretary for the purpose of this paragraph. "(3) For the purpose of section 606(a)(2) and section 609(a)(1), the term 'integrated school' means a school with an enrollment in which a substantial proportion of the children is from educationally advantaged backgrounds, in which the proportion of minority group children is at least 50 per centum of the proportion of minority group children enrolled in all schools of the local educational agencies within the Standard Metropolitan Statistical Area, and which has a faculty and administrative staff with a substantial representation of minority group persons. "(4) The term 'local educational agency' means a public board of education or other public aiithority legally constituted within a State for either administrative control or direction of, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or a federally recognized Indian reservation, 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, or a combination of local educational agencies; and includes any other public institution or agency having administrative control and direction of a public elementary or secondary school and where responsibility for the control and direction of the activities in such schools which are to be assisted under this title is vested in an agency subordinate to such a board or other authority, the Assistant Secretary may consider such subordinate agency as a local educational agency for the purposes of this title. "(5) The term 'magnet school' means a school or education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds. "(6) The term 'minority group' refers to (A) persons who are American Indians and Alaskan Natives; Asians and Pacific Islanders: blacks, not of Hispanic origin; Hispanics; Franco-Americans; and Portuguese; and (B) (except for purposes of section 605). as determined by the Assistant Secretary, persons who are from environments in which the dominant language is other than English and who, as a result of language barriers and cultural differences, do not have an equal educational opportunity. " (7) The terms 'minority group isolated school' and 'minority group isolation' in reference to a school mean a school and condition, respectively, in which minority group children constitute more than 50 percentum of the enrollment of a school. " (8) The term 'neutral site school' means a school that is located so as to be accessible to substantial numbers of students of different racial backgrounds. "(9) The term 'Standard Metropolitan Statistical Area' means the area in and around a city of fifty thousand inhabitants or more as defined by the Office of Management and Budget.

92 STAT. 2267

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


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Page:United States Statutes at Large Volume 92 Part 2.djvu/988

 92 STAT. 2268

PUBLIC LAW 95-561—NOV. 1, 1978 "(10) The term 'State' means one of the fifty States or the District of Columbia, and for purposes of section 608(a) and (b), Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands shall \\ck (ippiTiPf] f r i OP k^f"flt"P^

20 USC 1603.

Repeal. 20 USC 1601-1619.

(b)(1)(A) Section 704(c) of the Emergency School Aid Act is amended by striking out "for fiscal year 1978" and inserting in lieu thereof "each for fiscal year 1978 and for the fiscal year 1979. (B) Section 704(d) of the Emergency School Aid Act is amended by striking out "for the fiscal year 1978" and inserting in lieu thereof "each for the fiscal year 1978 and for the fiscal year 1979". (2) Title VII of the Education Amendments of 1972 is repealed effective September 30, 1979. ^

TITLE VII—AMENDMENT TO TITLE VII OF THE ELEMENTARY AND SECONDARY EDUCATION ACT O F 1965 AMENDMENT

SEC. 701. Title VII of the Elementary and Secondary Educfl.tion Act of 1965 is amended to read as follows: Bilingual

" TITLE VII—BILINGUAL EDUCATION PROGRAMS

Education Act. "SHORT TITLE

20 USC 3221.

"SEC. 701. This title may be cited as the 'Bilingual Education Act.' "POLICY; APPROPRIATIONS

20 USC 3222.

"SEC. 702. (a) Recognizing— " (1^ that there are large numbers of children of limited English proficiency; " (2) that many of such children have a cultural heritage which differs from that of English-speaking persons; "(3) that a primary means by which a child learns is through the use of such child's language and cultural heritage; " (4) that, therefore, large numbers of children of limited English proficiency have educational needs which can be met by the use of bilingual educational methods and techniques; "(6) that, in addition, children of limited English proficiency and children whose primary language is English benefit through the fullest utilization of multiple language and cultural resources; "(6) children of limited English proficiency have a high dropout rate and low median years of education; and " (7) research and evaluation capabilities in the field of bilingual education need to be strengthened, the Congress declares it to be the policy of the United States, in order to establish equal educational opportunity for all children (A) to encourage the establishment and operation, where appropriate, of educational programs using bilingual educational practices, techniques, and methods, and (B) for that purpose, to provide financial assistance to local educational agencies, and to State educational agencies for certain purposes, in order to enable such local educational agencies to develop and carry out such programs in elementary and secondary

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