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PUBLIC LAW 93-380-AUG. 21, 1974

in which the Secretary's determination is made, then on the basis of the most recent reliable data available to him at the time of such determination.". (v) The fourth sentence of such paragraph (2) (as redesignated by this section) is amended by striking out the word "When" and inserting in lieu thereof the following: "(C)When"; and by striking out "having an annual income less than the low-income factor (established pursuant to subsection (c)) " and inserting in lieu thereof "below the poverty level (as determined under paragraph (A) of this subsection)". (vi) Section 103(e) of such title I is repealed. (D) Section 103 of such title I is amended by adding at the end thereof the following:

491

Ante, p. 490.

fo''Js^c 24ir out-of-state " Indian children,

" (d)(1) From the amount allotted for payments to the Secretary p^>""^"t^of the Interior under clause (B)(i) in the second sentence of subsection (a)(1), the Secretary of the Interior shall make payments to local educational agencies, upon such terms as the Commissioner determines will best carry out the purposes of this title, with respect to out-of-State Indian children in the elementary and secondary schools of such agencies under special contracts with the Department of the Interior. The amount of such payment may not exceed, for each such child, 40 per centum of (A) the average per pupil expenditure in the State in which the agency is located or (B) 120 per centum of such expenditure in the United States, whichever is the greater. "(2) The amount allotted for payments to the Secretary of the Interior under clause (B) (ii) in the second sentence of subsection (a) (1) for any fiscal year shall be, as determined pursuant to criteria established by the Commissioner, the amount necessary to meet the special educational needs of educationally deprived Indian children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior. Such payments shall be made pursuant to an agreement between the Commissioner and the Secretary containing such assurances and terms as the Commissioner determines will best achieve the purposes of this title. Such agr-eement shall contain (A) an assurance that payments made pursuant to this subparagraph will be used solely for programs and projects approved by the Secretary of the Interior which meet the applicable requirements of section 141(a) and that the Department of ^°^^' P* '*^^* the Interior will comply in all other respects with the requirements of this title, and (B) provision for carrying out the applicable provisions of sections 141(a) and 142(a)(3).". 20 USC 24ie, (E) Such title I is amended by inserting at the end of part A the ^'*2o"usc 24ia following: note. "Subpart 2—State Operated Programs "PROGRAMS FOR HANDICAPPED CHILDREN

"SEC. 121. (a) A State agency which is directly responsible for pro- crams. viding free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education), shall be eligible to receive a grant under this section for any fiscal year. "(b) Except as provided in sections 124 and 125, the grant which ^„^°^'' PP- '*^'*' an agency (other than the agency for Puerto Rico) shall be eligible to 495. receive under this section shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (1) in the case where the average per pupil expenditure in the State is less than 80

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 492

G r a n t s, use limitation.

PUBLIC LAW 93-380-AUG. 21, 1974

per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (2) in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States), multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for handicapped children operated or supported by the State agency, including schools providing special education for handicapped children under contract or other arrangement with such State agency, in the most recent fiscal year for which satisfactory data are available. The grant which Puerto Rico shall be eligible to receive under this section shall be the amount arrived at by multiplying the number of children in Puerto Rico counted as provided in the preceding sentence by 40 per centum of (1) the average per pupil expenditure in Puerto Rico or (2) in the case where such average per pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States. "(c) A State agency shall use the payments made under this section only for programs and projects (including the acquisition of equipment and, where necessary, the construction of school facilities) which are designed to meet the special educational needs of such children, and the State agency shall pi-ovide assurances to the Commissioner that each such child in average daily attendance counted under subsection (b) will be provided with such a program, commensurate with his special needs, during any fiscal year for which such payments are made. " (d) In the case where such a child leaves an educational program for handicapped children operated or supported by the State agency in order to participate in such a program operated or supported by a local educational agency, such child shall be counted under subsection (b) if (1) he continues to receive an appropriately designed educational program and (2) the State agency transfers to the local educational agency in whose program such child participates an amount equal to the sums received by such State agency under this section which are attributable to such child, to be used for the purposes set forth in subsection (c). uPROGRAMS

Grants. 20 USC 241C-2.

Application, approval.

[88 STAT.

FOR MIGRATORY C H I L D R E N

"SEC. 122. (a)(1) A State educational agency or a combination of such agencies, upon application, shall be entitled to receive a grant for any fiscal year under this section to establish or improve, either directly or through local educational agencies, programs of education for migratory children of migratory agricultural workers or of migratory fishermen. The Commissioner may approve such an application only upon his determination— " (A) that payments will be used for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of migratory children of migratory agricultural workers or of migratory fishermen, and to coordinate these programs and projects with similar programs and projects in other States, including the transmittal of pertinent information with respect to school records of such children; " (B) that in planning and carrying out programs and projects there has been and will be appropriate coordination with pro-

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


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493

grams administered under part B of title III of the Economic Opportunity Act of 1964; .. ^^ "^^ ^*^' * " (C) that such programs and projects will be administered and carried out in a manner consistent with the basic objectives of clauses (1)(B) and (3) through (12) of section 141(a); and Post. p. 496. " (D) that, in planning and carrying out programs and projects, there has been adequate assurance that provision will be made for the preschool educational needs of migratory children of migratory agricultural workers or of migratory fishermen, whenever such agency determines that compliance with this clause will not detract from the operation of programs and projects described in clause (A) of this paragraph after considering the funds available for this purpose. The Commissioner shall not finally disapprove an application of a State educational agency under this paragraph except after reasonable notice and opportunity for a hearing to the State educational agency. "(2) If the Commissioner determines that a State is unable or unwilling to conduct educational programs for migratory children of migratory agricultural workers or or migratory fishermen, or that it would result in more efficient and economic administration, or that it would add substantially to the welfare or educational attainment of such children, he may make special arrangements with other public or nonprofit private agencies to carry out the purposes of this section in one or more States, and for this purpose he may use all or part of the total of grants available for any such State under this section. "(3) For purposes of this section, with the concurrence of his parents, a migratory child of a migratory agricultural worker or of a migratory fisherman shall be deemed to continue to be such a child for a period, not in excess of five years, during which he resides in the area served by the agency carrying on a program or project under this subsection. Such children who are presently migrant, as determined pursuant to regulations of the Commissioner, shall be given priority in this consideration of programs and activities contained in applications submitted under this subsection. " (b) Except as provided in sections 124 and 125, the total grants ^bTiu"*^'^''^"" which shall be made available for use in any State (other than Puerto ^ polt] pp. 494, Eico) for this section shall be an amount equal to 40 per centum of '^^^• the average per pupil expenditure in the State (or (1) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (2) in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States) multiplied by (1) the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State full time, and (2) the full-time equivalent of the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State part time, as determined by the Commissioner in accordance with regulations, except that if, in the case of any State, such amount exceeds the amount required under subsection (a), the Commissioner shall allocate such excess, to the extent necessary, to other States whose total of grants under this sentence would otherwise be insufficient for all such children to be served in such other States. The total grant which shall be made available for use in Puerto Rico shall be arrived at by multiplying the number of children in Puerto Rico counted as provided in the preceding sentence by 40 per centum of (1) the average per pupil expenditure in Puerto Rico or (2) in the case where such average per

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PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States. In determining the number of migrant children for the purposes of this section the Commissioner shall use statistics made available by the migrant student record transfer system or such other system as he may determine most accurately and fully reflects the actual number of migrant students. "PROGRAMS FOR NEGLECTED OR DELINQUENT CHILDREN Grants. 20 USC 241C-3.

Infra. Post, p. 4 9 5.

G r a n t s, use limitation.

"SEC. 123. (a) A State agency which is directly responsible for providing free public education for children in institutions for neglected or delinquent children or in adult correctional institutions shall be entitled to receive a grant under this section for any fiscal year (but only if grants received under this section are used only for children in such institutions). "(b) Except as provided in sections 124 and 125, the grant which such an agency (other than the agency for Puerto Rico) shall be eligible to receive shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (1) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (2) in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States) multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for such children operated or supported by that agency, including schools providing education for such children under contract or other arrangement with such agency, in the most recent fiscal year for which satisfactory data are available. The grant which Pvierto Rico shall be eligible to receive under this section shall be the amount arrived at by multiplying the number of children in Puerto Rico counted as provided in the preceding sentence by 40 per centum of (1) the average per pupil expenditure in Puerto Rico or (2) in the case where such average per pupil expenditure is more than 120 per centum of the average per pupil expenditure in the United States, 120 per centum of the average per pupil expenditure in the United States. "(c) A State agency shall use payments under this section only for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of such children. "RESERVATION or FUNDS FOR TI<:RRITORIE8

Appropriation. 20 USC 241C-4. Ante, p p. 4 9 1, 492. Supra.

"SEC. 124. There is authorized to be appropriated for each fiscal year for purposes of each of sections 121,122, and 123, an amount equal to not more than 1 per centum of the amount appropriated for such year for such sections for payments to Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands under each such section. The amounts appropriated for each such section shall be allotted among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for such grants, based on such criteria as the Commissioner determines will best carry out the purposes of this title.

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PUBLIC LAW 93-380-AUG. 21, 1974

495

((MINIMUM PAYMENTS FOR STATE OPERATED PROGRAMS "SEC. 125. Except as provided in section 843 of the Education p^^"^'^ ^6u'^' Amendments of 1974, no State agency shall receive in any fiscal year Ante', pp. 491, prior to July 1, 1978, pursuant to sections 121, 122, or 123 an amount ^92, 494. which is less than 100 per centum of the amount which that State agency received in the prior fiscal year pursuant to such sections 121, 122, or 123, respectively.". (3) Section 121 of such title I and all references thereto are redesig- 20 USC 24id. nated as section 126. 20 USC 241d-ll. (4)(A) Part C of such title I is amended to read as follows: " P A R T C—SPECIAL GRANTS " E L I G I B I L I T Y A N D MAXIMUM AMOUNT OF SPECIAL GRANTS

"SEC. 131. (a) Each local educational agency in a State which is eligible for a grant under this title for any fiscal year shall be entitled to an additional grant for that fiscal year if it meets the requirements of subsection (b). The amount of such grant shall be determined in accordance with subsection (c). " (b)(1) A local educational agency shall be entitled to a grant under this part for any fiscal year if the school district of such agency is located in a county in which— " (A) the number of children described in paragraph (2) for such year amounts to at least 200 per centum of the average number of such children in all counties in the State in which such agency is located for that fiscal year; or " (B) the number of children so described in such county for such year is 10,000 and amounts to 5 per centum of the total number of children in such county. "(2) For the purposes of paragraph (1), the children counted with respect to a local educational agency shall be those children in the such county who are— " (A) in families having an annual income of $3,000 or less; or " (B) in families receiving an annual income in excess of $3,000 from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act; or " (C) living in institutions for neglected or delinquent children or being supported in foster homes with public funds. "(3)(A) Determinations with respect to numbers of children in any county under paragraph (2) shall be made by the Commissioner on the basis of the most recent satisfactory data available to him. " (B)(i) The number of children determined with respect to one or more counties shall be allocated by the Commissioner, for the purposes of paragraph (2), among the local educational agencies with school districts located in such county or counties. " (ii) In any case where— " (I) two or more local educational agencies serve, in whole or in part, the same geographical area; or " ( II) a local educational agency provides free public education for a substantial number of children who reside in the school district of another local educational agency, the Commissioner may allocate the number of children determined under this subsection among such agencies in such a manner as will best achieve the purposes of this section. " (C)(i) For the purposes of paragraph (2), the Commissioner shall determine the number of children from families having an annual income of $3,000 or less on the basis of the most recent satisfactory

42 USC 601.

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 496

42 USC 6 0 1.

Grant formula.

Payments, limitation.

Appropriation.

"State." "Children." R e p e a l; effective date. Ante, p. 495. Excess costs. 20 USC 241e.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

data available from the Department of Commerce. At any time such data for a county are available in the Department of Commerce, such data shall be used in making calculations under this subsection. "(ii) For the purposes of this subsection, the Secretary of Health, Education, and Welfare shall determine the number of children from families receiving an annual income in excess of $3,000 from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act and the number of children living in institutions for neglected or delinquent children or being supported in foster homes with public funds, on the basis of caseload data for the month of January of the preceding fiscal year, or to the extent that such data are not available to him before April 1 of the calendar year in which the determination is made, then on the basis of the most recent data available to him at the time of such determination. For the purposes of this subsection, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children. "(c) The amount of the grant to which a local educational agency shall be entitled for any fiscal year shall be— " (A) the number of children determined with respect'to such agency under subsection (b); multiplied by— " (B) 50 per centum of the average per pupil expenditure of all the local educational agencies in the State in which such agency is located. " (d) Notwithstanding any other provision of this section, no payments for any fiscal year under this part to the local educational agencies in a single State shall exceed 12 per centum of the aggregate payments to all local educational agencies in that year under this part. " (e)(1) The aggregate of the amount for which all local educational agencies are eligible under this part shall not exceed $75,000,000 for any fiscal year. If, for any fiscal year, such aggregate, as computed without regard to the preceding sentence, exceeds $75,000,000, the amount for which each local educational agency is eligible shall be reduced ratably until such aggregate does not exceed such limitation. "(2) For the purpose of making payments under this part there are authorized to be appropriated not in excess of $75,000,000 for the fiscal year ending June 30, 1975. "(f) For the purposes of this section, the term— "(1) 'State' means the fifty States and the District of Columbia; and "(2) 'children' includes all children aged five through seventeen, inclusive.". (B) Effective July 1, 1975, part C of such title I is repealed. (5)(A) Section 141(a)(1) of such title I is amended by striking out so much thereof as precedes clause (B) and inserting in lieu thereof the following: "(1) that payments under this title will be used for the excess costs of programs and projects (including the acquisition of equipment, payments to teachers of amounts in excess of regular salary schedules as a bonus for service in schools eligible for assistance under this title, the training of teachers, and, where necessary, the construction of school facilities and plans made or to be made for such programs, projects, and facilities)(A) which are designed to meet the special educational needs of educationally deprived children in school attendance areas having high concentrations of children from low-income families and". (B) Section 1 4 1 (a)(1)(A) of such title I is amended by adding

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PUBLIC LAW 93-380-AUG. 21, 1974

497

before the "and" at the end thereof the following: " (and at the discretion of the local educational agency, in any school of such agency not located in such a school attendance area, at which the proportion of children in actual average daily attendance from low-income families is substantially the same as the proportion of such children in such an area of that agency)". (C) Section 141(a)(2) of such title I is amended to read as follows: ^o use 24ie. "(2) that the local educational agency has provided satisfactory assurance that section 141A will be complied with;". ^"^''^^ (D) Section 141(a) of such title I is amended by striking out "and" after paragraph (12), and by striking out paragraph (13), and inserting in lieu thereof the following: "(13) that, where a school attendance area does not meet the requirement of paragraph (1)(A) of this subsection for a fiscal year, or in the case of a local educational agency electing to allocate funds under section 140, where such an area does not meet the requirement of that section, but did meet the appropriate requirement in either of the two preceding fiscal years, that school attendance area shall be considered to meet the applicable criterion for that fiscal year; and "(14) that the local educational agency shall establish an advi- ^.fg*^^'^"""^ ''°""' sory council for the entire school district and shall establish an Establishment. advisory council for each school of such agency served by a program or project assisted under section 143(a)(2), each of which ^° ^^^ ^'^^sadvisory councils— " (A) has as a majority of its members parents of the children to be served, " (B) is composed of members selected by the parents in each school attendance area, " (C) has been given responsibility by such agency for advising it in the planning for, and the implementation and evaluation of, such programs and projects, and " (D) is provided by such agency, in accordance with regulations of the Commissioner, with access to appropriate information concerning such programs and projects." (E) Section 141 of such title I is amended by striking out subsection (c), by redesignating subsection (b) as subsection (c), and by inserting after subsection (a) the following new subsection: " (b) I t is the intent of the Congress to encourage, where feasible, the development for each educationally deprived child participating in a program under this title of an individualized written educational plan (maintained and periodically evaluated), agreed upon jointly by the local educational agency, a parent or guardian of the child, and when appropriate, the child." (6) Such title I is amended by inserting immediately after section 141 the following new section: "PARTICIPATION or CHILDREN ENROLLED I N PRIVATE SCHOOLS

"SEC. 141A. (a) To the extent consistent with the number of educationally deprived children in the school district of the local educational agency who are enrolled in private elementary and secondary schools, such agency shall make provision for including special educational services and arrangements (such as dual enrollment, educational radio and television, and mobile educational services and equipment) in which such children can participate and meeting the requirements of clauses (A) and (B) of paragraph (1) of subsection (a) of section 141, paragraph (2) of subsection (a) of such section, and clauses (A) and (B) of paragraph (3) of subsection (a) of such section 141. " (b)(1) If a local educational agency is prohibited by law from

^° ^^^ 241 e-i.

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 498

Waiver, Ante, p. 497.

C o s t s, payment.

Notice and hearing.

J u d i c i a l review.

Jurisdiction.

Appropriation adjustments. 20 USC 241h.

Ante, p p. 4 9 1, 492, 494.

20 USC 241c. 20 USC 241d.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

providing for the participation in special programs for educationally deprived children enrolled in private elementary and secondary schools as required by subsection (a), the Commissioner shall waive such requirement and the provisions of section 141(a)(2), and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a). " (2) If the Commissioner determines that a local educational agency has substantially failed to provide for the participation on an equitable basis of educationally deprived children enrolled in private elementary and secondary schools as required by subsection (a), he shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of subsection (a), upon which determination the provisions of paragraph (a) and section 141 (a)(2) shall be waived. "(3) When the Commissioner arranges for services pursuant to this section, he shall, after consultation with the appropriate public and private school officials, pay the cost of such services from the appropriate allocation or allocations under this title. "(4)(A) the Commissioner shall not take any final action under this section until he has afforded the State educational agency and local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with respect thereto on the record. " (B) If a State or local educational agency is dissatisfied with the Commissioner's final action after a hearing under subparagraph (A) of this paragraph, it may within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action, A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. " (C) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence, " (D) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.". (7) Section 144 of such title I is amended by striking out the first sentence and inserting in lieu thereof the following: "If the sums appropriated for any fiscal year for making the payments provided in this title are not sufficient to pay in full the total amounts which all local and State educational agencies are entitled to receive under this title for such year, the amount available for each grant to a State agency eligible for a grant under section 121, 122, or 123 shall be equal to the total amount of the grant as computed under each such section. If the remainder of such sums available after the application of the preceding sentence is not sufficient to pay in full the total amounts which all local educational agencies are entitled to receive under part A of this title for such year, the allocations to such agencies and allocations under part B shall, subject to adjustments under the next sentence, be ratably reduced to the extent necessary to bring the aggregate of such allocations within the limits of the amount so appro-

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88 STAT. ]

priated, except that entitlements under such part B shall be taken into consideration only to the extent that appropriations for such title I (excluding part C thereof) exceed $1,396,975,000 for any fiscal year and such entitlements shall not exceed $50,000,000 in any fiscal year. The allocation of a local educational agency which would be reduced under the preceding sentence to less than 85 per centum of its allocation under part A for the preceding fiscal year, shall be increased to such amount, the total of the increases thereby required bein^ derived by proportionately reducing the allocations of the remaining local educational agencies, under the preceding sentence, but with such adjustments as may be necessary to prevent the allocation to any remaining local educational agency from being thereby reduced to less than 85 per centum of its allocation for such year. If the aggregate of the amounts to which all States are entitled under such part B exceeds $50,000,000 the entitlement of each State shall be reduced ratably until such aggregate does not exceed $50,000,000 in such fiscal year.". (8) Section 150 of such title I is redesignated as section 152, and such title I is further amended by adding immediately after section 149 the following: new sections: "ALLOCATION

OF

FUNDS

W I T H I N THE SCHOOL EDUCATIONAL AGENCY

DISTRICT

OF

A

p. 495,

20 USC 241c

20 USC 241a note.

LOCAL

"SEC. 150. (a) For any fiscal year not more than 20 local educational agencies selected for the purpose of section 821(a)(5) of the Education Amendments of 1974 may elect, with the approval of the districtwide parent advisory council which is required to be established under section 141(a) (14) of this title, to allocate funds received from payments under this title on the basis of a method or combination of methods other than the method provided under section 141(a)(1)(A). Any method selected pursuant to this section shall be so designed and administered as to be free from racial or cultural discrimination. "(b) Any local educational agency to which this section applies shall submit such reports to the Director of the National Institute of Education at such time and in such manner as the Director may reasonably require to carry out his responsibilities under section 821(a)(5) of the Education Amendments of 1974. ((PROGRAM

Ante,

20 USC 241n. Post,

p. 599.

Ante, p. 4 9 7. Ante,

p. 496.

Reports to Director of the National Institute of Education.

EVALUATION

"SEC. 151. (a) The Commissioner shall provide for independent evaluations which describe and measure the impact of programs and projects assisted under this title. Such evaluations may be provided by contract or other arrangements, and all such evaluations shall be made by competent and independent persons, and shall include, whenever possible, opinions obtained from program or project participants about the strengths and weaknesses of such programs or projects. " (b) The Commissioner shall develop and publish standards for evaluation of program or project effectiveness in achieving the objectives of this title. "(c) The Commissioner shall, where appropriate, consult with State agencies in order to provide for jointly sponsored objective evaluation studies of programs and projects assisted under this title within a State. " (d) The Commissioner shall provide to State educational agencies, models for evaluations of all programs conducted under this title, for their use in carrying out their functions under section 143(a), which shall include uniform procedures and criteria to be utilized by local

20 USC 2410.

20 USC 241g.

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PUBLIC LAW 93-380-AUG. 21, 1974

Technical assistance.

Report to cong r e s s i o n a l committees.

Annual report s.

Information gathering and dissemination systems.

Appropriations, limitation.

Post, p. 599. 20 USC 241e. 20 USC 1221 note. 20 USC 241e. 20 USC 241g. 20 USC 241f. Ante,

p. 492.

20 USC 241h.

[88 STAT.

educational agencies, as well as by the State agency in the evaluation of such programs. "(e) The Commissioner shall provide such technical and other assistance as may be necessary to State educational agencies to enable them to assist local educational agencies in the development and application of a systematic evaluation of programs in accordance with the models developed by the Commissioner. "(f) The models developed by the Commissioner shall specify objective criteria which shall be utilized in the evaluation of all programs and shall outline techniques (such as longitudinal studies of children involved in such programs) and methodology (such as the use of tests which yield comparable results) for producing data which are comparable on a statewide and nationwide basis. "(g) The Commissioner shall make a report to the respective committees of the Congress having legislative jurisdiction over programs authorized by this title and the respective Committees on Appropriations concerning his progress in carrying out this section not later than January 31, 1975, and thereafter he shall report to such committees no later than January 31 of each calendar year the results of the evaluations of programs and projects required under this section, which shall be comprehensive and detailed, as up-to-date as possible, and based to the maximum extent possible on objective measurements, together with any other related findings and evaluations, and his recommendations with respect to legislation. " (h) The Commissioner shall also develop a system for the gathering and dissemination of results of evaluations and for the identification of exemplary programs and projects, or of particularly effective elements of programs and projects, and for the dissemination of information concerning such programs and projects or such elements thereof to State and local educational agencies responsible for the design and conduct of programs and projects under this title, and to the education profession and the general public. "(i) The Commissioner is authorized, out of funds appropriated to carry out this title in any fiscal year, to expend such sums as may be necessary to carry out the provisions of this section, but not to exceed one-half of 1 per centum of the amount appropriated for such program, of which $5,000,000 for each fiscal year ending prior to July 1, 1977, shall be available only for the surveys and studies authorized by section 821 of the Education Amendments of 1974.". (9)(A) Section 141(a)(4) of such title is amended by striking out "section 145" and inserting in lieu thereof "section 433 of the General Education Provisions Act". (B) Section 141(a)(1)(B) of such title is amended by striking out "maximum". (C) Section 143(a)(2) of such title is amended by striking out "maximum". (D) Section 142 of such title is amended by striking out "described in section 141(c)" and inserting in lieu thereof "provided for in section 122". (E) Section 142(a)(1) of such title is amended by striking out "section 103(a)(5) " and inserting in lieu thereof "section 121". (F) Section 143(a)(2) of such title is amended by striking out "or section 131". (G) Section 143(b)(1) of such title is amended to read as follows: "(1) 1 per centum of the amount allocated to the State and its local educational agencies as determined for that year under this title; or". (H) The third and fourth sentences of section 144 of such title are each amended by striking out "section 103(a)(6) " and inserting in lieu thereof "section 122".

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/74

 48 inquirer, be he traveller or missionary or whatever he may, in placing himself at the precise point of view of the lower culture. Mr. Lang sees it himself where the word spirit is concerned. Why does he not apply it to Creator and Creation, to Supreme Being, to immortal, and a score of other expressions used of savage religion at sundry times and by divers persons? Some of these expressions as used by himself he has admitted to be "rhetorical" or "overstrained." But the fact is that nothing is easier than to lay upon them a stress they will not bear, and to interpret them in a way that would indeed "astonish the natives." There are, I am persuaded, few students of savage life and religion who will not subscribe to the opinion that, from the time of Herodotus downwards, exaggerations and misstatements of this kind, unintentional and probably unavoidable, have been the source of innumerable baseless theories; they have dug more pitfalls in the path of scientific research than any other class of causes. Vagueness is one characteristic of the savage; inconsistency is another. Truly and wittily Mr. Frazer somewhere says: "Consistency is as little characteristic of savage as of civilised man." The savage, at all events, not only fails to define his ideas, even when they are more or less definite, he entertains others equally definite but contradictory, and he is at no pains to reconcile them one with another. Perhaps he is unconscious of the contradiction. Mr. Lang interprets the contradiction as the product of two human moods; and he calls one set of ideas religion and the other myths. This is of course a mere question of words. "This belief," he says, "I choose to call 'religious' because it conforms in its rude way to and is the germ of what we commonly style 'religion.' "Very well; only let it be understood it is simply Mr. Lang's choice. Where both sets of ideas are equally and inextricably interwoven in the fabric of one and the same sequence of ceremonies, and those ceremonies are the most sacred rites of the tribe, it is hard to say that


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/545

 88 STAT. ]

PUBLIC LAW 93-380-^AUG. 21, 1974

501

(I) Section 146 of such title is amended by striking out section 141 ^° "^^ ^^J(c) " and inserting in lieu thereof "section 122". '^"^^' P* ^^^•• (J) Section 147 of such title is amended by striking out "section 141 ^o use 241 k. (c) " and inserting in lieu thereof "section 122". (K) Section 403 of the Act of September 30, 1950 (Public Law 874, ^o use 244. Eighty-first Congress), is amended by adding at the end thereof the following new paragraphs: "(16) For purposes of title II, the 'average per pupil expenditure' Jfi^ex^end^i!' in a State, or in the United States, shall be the aggregate current ture." expenditures, during the second fiscal year preceding the fiscal year for which the computation is made (or if satisfactory data for that year are not available at the time of computation, then during the most recent preceding fiscal year for which satisfactory data are available), of all local educational agencies as defined in section 403(6)(B) in the State, or in the United States (which for the purposes of this subsection means the fifty States, and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the source of funds from which either of such expenditures are made), divided by the aggregate number- of childien in average daily attendance to whom such agencies provided free public education during such preceding year. "(17) For the purposes of title II, 'excess costs' means those costs "Excess directly attributable to programs and projects which exceed the average per pupil expenditure of a local educational agency in the most recent year for which satisfactory data are available for pupils in the grade or grades included in such programs or projects (but not including expenditures for any comparable State or local special programs for educationally deprived children or expenditures for bilingual programs or special education for handicapped children or children with specific learning disabilities, if such expenditures for bilingual education and special education are used to provide, to children of limited English-speaking ability and handicapped children, and children with specific learning disabilities who reside in title I project areas, services which are comparable to those provided to similarly disadvantaged children residing in nonproject areas).". (10) There is authorized to be appropriated for each fiscal year a Appropriation. sum not to exceed $15,700,000 to be allocated at the discretion of the 2ouse24ib.i. Commissioner to assist those local education agencies whose total allocation under part A of title I of the Elementary and Secondary Edn- 20 USC 241c. cation Act of 1965 is 90 per centum or less than such allocation under such part A during the preceding fiscal year. (b) Except as otherwise specifically provided, the amendments Effective date. 20 made by subsection (a) and the provisions of paragraph (10) of such note. u s e 241b subsection shall be effective on and after July 1, 1974. SCHOOL LIBRARY RESOURCES, TEXTBOOKS, AND OTHER INSTRUCTIONAL MATERIALS

SEC. 102. (a) Section 201(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting before the period at the end thereof the following: ", and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part B of title IV".

38-194 O - 76 - 35 Pt. 1

20 USC 821.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/546

 502 20 USC 822.

Effective date. 20 USC 821 note.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

(b) The third sentence of section 202(a)(1) of the Act is amended by striking out "for the fiscal year ending June 30, 1968, and each of the succeeding fiscal years ending prior to July 1, 1973,". (c) The amendments made by this section shall be effective on and after July 1, 1973. SUPPLEMENTARY EDUCATIONAL CENTERS AND SERVICES; GUIDANCE, COUNSELING, AND TESTING

20 USC 841,

20 USC 842. 20 USC 844a. 20 USC 845. Notice and hearing.

Judicial review.

Jurisdiction.

Effective date. 20 USC 841 note.

SEC. 103. (a)(1) The first sentence of section 301(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting before the period at the end thereof the following: ", and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV". (2) The second sentence of such Act is amended by inserting before the period at the end thereof the following: ", and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV". (b) The third sentence of section 302(a)(1) of such Act is amended by striking out "for each fiscal year ending prior to July 1, 1973,". (^c) The first sentence of section 305(c) of the Act is amended by striking out "1973" and inserting in lieu thereof "1978". (d) Section 307 of such Act is amended by adding at the end thereof the following new subsection: " (g)(1) The Commissioner shall not take any final action under subsection (f) until he has afforded the State educational agency and the local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with respect thereto on the record. "(2) If a State or local educational agency is dissatisfied with the Commissioner's final action after a hearing under paragraph (1) of this paragraph, it may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. " (3) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(4) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to revicAv by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.". (e) The amendments made by subsections (a), (b), and (c) of this section shall be effective on and after July 1, 1973, and the amendment

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 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

503

made by subsection (d) shall be effective on the date of enactment of this Act. STRENGTHENING STATE AND LOCAL EDUCATIONAL AGENCIES

SEC. 104. (a) Section 501(b) of the Elementary and Secondary Education Act of 1965 is amended by inserting before the period at the end thereof the following: "and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV". (b) Section 521(b) of such Act is amended by inserting before the period at the end thereof the following: ", and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation by the Commissioner during any year for which funds are available for obligation by the Commissioner for carrying out part C of title IV", (c) Section 531(b) of such Act is amended by inserting before the period at the end thereof the following: ", and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV ". (d) The amendments made by this section shall be effective on and Ji}

T 1 1 in'70

20 USC 861,

^o use see.

20 USC se?.

^"^^^i,!,'!^'' 20 USC 861

alter July 1, 1973.

note. BILINGUAL EDUCATIONAL PROGRAMS

SEC. 105. (a)(1) Title VII of the Elementary and Secondary Education Act of 1965 is amended to read as follows:

20 USC ssob.

"TITLE VII—BILINGUAL EDUCATION

Biunguai Edu-

" S H O R TITLE

cation Act. 20 USC 880b note.

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

"SEC. 702. (a) Recognizing— "(1) that there are large numbers of children of limited English-speaking ability; "(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-speaking ability have educational needs which can be met by the use of bilingual educational methods and techniques; and "(5) that, in addition, children of limited English-speaking ability benefit through the fullest utilization of multiple language and cultural resources, 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 cer-tain purposes, in order to enable such local educational agencies

20 USC 880b.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/548

 504

Appropriation.

Posf. p. 506.

Post, p. 510.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

to develop and carry out such programs in elementary and secondary schools, including activities at the preschool level, which are designed to meet the educational needs of such children; and to demonstrate effective ways of providing, for children of limited English-speaking ability, instruction designed to enable them, while using their native language, to achieve competence in the English language. «^|^^ ^-,^^ Except as is otherwlsc provided in this title, for the purpose of carrying out the provisions of this title, there are authorized to be appropriated $135,000,000 for the fiscal year ending June 30, 1974; $135,000,000 for the fiscal year ending June 30, 1975; $140,000,000 for the fiscal year ending June 30, 1976; $150,000,000 for the fiscal 3^ear ending June 30, 1977; and $160,000,000 for the fiscal year ending June 30, 1978. "(2) There are further authorized to be appropriated to carry out tjjg provisions of section 721(b)(3) $6,750,000 for the fiscal year ending June 30, 1974; $7,250,000 for the fiscal year ending June 30, 1975; $7,750,000 for the fiscal year ending June 30, 1976; $8,750,000 for the fiscal year ending June 30, 1977; and $9,750,000 for the fiscal year ending June 30, 1978. "(3) From the sums appropriated under paragraph (1) for any fiscal year— " (A) the Commissioner shall reserve $16,000,000 of that part thereof which does not exceed $70,000,000 for training activities carried out under clause (3) of subsection (a) of section 721, and shall reserve for such activities 33i/<5 per centum of that part thereof which is in excess of $70,000,000; and " (B) the Commissioner shall reserve from the amount not reserved pursuant to clause (A) of this paragraph such amounts as may be necessary, but not in excess of 1 per centum thereof, for ^^^ purposes of section 732. "DEFINITIONS; REGULATIONS

20 USC 880b-l,

Ante, p. 488.

703. (a) The following definitions shall apply to the terms used in this title: "(1) The term 'limited English-speaking ability', when used with reference to an individual, means— " (A) individuals who were not born in the United States or whose native language is a language other than English, and " (B) individuals who come from environments where a language other than English is dominant, as further defined by the Commissioner by regulations; and, by reason thereof, have difficulty speaking and understanding instruction in the English language. "(2) The term 'native language', when used with reference to an individual of limited English-speaking ability, means the language normally used by such individuals, or in the case of a child, the language normally used by the parents of the child, "(3) The term 'low-income' when used with respect to a family means an annual income for such a family which does not exceed the low annual income determined pursuant to section 103 of title I of the Elementary and Secondary Education Act of 1965. "(4)(A) The term 'program of bilingual education' means a program of instruction, designed for children of limited English-speaking ability in elementary or secondary schools, in which, with respect to the years of study to which such program is applicable— " (i) there is instruction given in, and study of, English and, to the extent necessary to allow a child to progress effectively through
 * 'SEC.

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/76

 50 laid down by Mr. Lang he was “a confessed ghost-god.” And I see no reason why the same tribes should not hold at the same time that he was on earth and died, and that he is living an anthropomorphic being in the sky. Similar beliefs coexisting about Zeus do not disturb Mr. Lang; nor need these. And perhaps they are reconcilable after all.

Moreover, beliefs, though inconsistent in our judgment, are equally to be taken into consideration in estimating the conception formed by the savage of his god. One of my complaints of Mr. Lang’s method is, that he has fixed his eyes too exclusively on one set of beliefs, turning away from the other as mere myths. Scientific investigation of the position of savage belief in the history of religion must take into account all the factors, giving due weight to them all. To assume that “the mythical element is secondary or aberrant,” whether Darwin’s view or not, is to assume the very question at issue. It is notoriously easy to prove anything by such a method. Mr. Lang is far too “sportsmanlike” (to adopt his phrase) for such a process, when it is once pointed out to him. And indeed the admissions that what he calls “the religion represents one human mood, while the myth represents another, both moods dating from savagery,” and that “of the same ‘moral, relatively Supreme Being, or Creator,’ man has simultaneously quite contradictory conceptions,” involve a recognition of the justice of the criticism.


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 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

505

the educational system, the native language of the children of limited English-speaking ability, and such instruction is given with appreciation for the cultural heritage of such children, and, with respect to elementary school instruction, such instruction shall, to the extent necessary, be in all courses or subjects of study which will allow a child to progress effectively through the educational system; and "(ii) the requirements in subparagraphs (B) through (E) of this paragraph and established pursuant to subsection (b) of this section are met. " (B) A program of bilingual education may make provision for ^ ^a^in^'^ch ithe voluntary enrollment to a limited degree therein, on a regular basis, dren, enroUmJnt. of children whose language is English, in order that they may acquire an understanding of the cultural heritag-e of the children of limited English-speaking ability for whom the particular program of bilingual education is designed. In determining eligibility to participate in such programs, priority shall be given to the children whose language is other than English. In no event shall the program be designed for the purpose of teaching a foreign language to English-speaking children. " (C) In such courses or subjects of study as art, music, and physical education, a program of bilingual education shall make provision for the participation of children of limited English-speaking ability in regular classes. " (D) Children enrolled in a program of bilingual education shall, if graded classes are used, be placed, to the extent practicable, in classes with children of approximately the same age and level of educational attainment. If children of significantly varying ages or levels of educational attainment are placed in the same class, the program of bilingual education shall seek to insure that each child is provided with instruction which is appropriate for his or her level of educational attainment. " (E) An application for a program of bilingual education shall be Application. developed in consultation with parents of children of limited English-speaking ability, teachers, and, where applicable, secondary school students, in the areas to be served, and assurances shall be given . in the application that, after the application has been approved under this title, the applicant w411 provide for participation by a committee composed of, and selected by, such parents, and, in the case of secondary schools, representatives of secondary school students to be served. "(5) The term 'Office' means the Office of Bilingual Education. Definitions. "(6) The term 'Director' means the Director of the Office of Bilingual Education. "(7) The term 'Council' means the National Advisory Council on Bilingual Education. "(b) The Commissioner, after receiving recommendations from Models. State and local educational agencies and groups and organizations involved in bilingual education, shall establish, publish, and distribute, with respect to programs of bilingual education, suggested models with respect to pupil-teacher ratios, teacher qualifications, and other factors affecting the quality of instruction offered in such programs. "(c) In prescribing regulations under this section, the Commis- consultation. sioner shall consult with State and local educational agencies, appropriate organizations representing parents and children of limited English-speaking ability, and appropriate groups and organizations representing teachers and educators involved in bilingual education.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/550

 506

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

"PART A—FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION PROGRAMS "BILINGUAL EDUCATION PROGRAMS

2^rusc 880b-7

"SEC. 721, (a) Funds available for grants under this part shall be used for— "(1) the establishment, operation, and improvement of programs of bilingual education; "(2) auxiliary and supplementary community and educational activities designed to facilitate and expand the implementation of programs described in clause (1), including such activities as (A) adult education programs related to the purposes of this title, particularly for parents of children participating in programs of bilingual education, and carried out, where appropriate, in coordination with programs assisted under the Adult Education 2o'usc"i2oV ^^^' ^^^ ("^) preschool programs preparatory and supplemennote. tary to bilingual education programs; "(3)(A) the establishment, operation, and improvement of training programs for personnel preparing to participate in, or personnel participating in, the conduct of programs of bilingual education and (B) auxiliary and supplementary training programs, which shall be included in each program of bilingual education, for personnel preparing to participate in, or personnel participating in, the conduct of such programs; and " (4) planning, and providing technical assistance for, and taking other steps leading to the development of, such programs. Application. " (b)(1) A grant may be made under this section only upon application therefor by one or more local educational agencies or by an institution of higher education, including a junior or community college, applying jointly with one or more local educational agencies (or, in the case of a training activity described in clause (3)(A) of subsecPost, p. 508. tion (a) of this section, by eligible applicants as defined in section 723). Each such application shall be made to the Commissioner at such time, in such manner, and containing such information as the Commissioner deems necessary, and " (A) include a description of the activities set forth in one or more of the clauses of subsection (a) which the applicant desires to carry out; and " (B) provide evidence that the activities so described will make substantial progress toward making programs of bilingual education available to the children having need thereof in the area served by the applicant. Approval. "(2) Au appHcation for a grant under this part may be approved only if— " (A) the provision of assistance proposed in the application is consistent with criteria established by the Commissioner, after consultation with the State educational agency, for the purpose of achieving an equitable distribution of assistance under this part within the State in which the applicant is located, which criteria shall be developed by his taking into consideration (i) the geographic distribution of children of limited Englishspeaking ability, (ii) the relative need of persons in different geographic areas within the State for the kinds of services and X activities described in subsection (a), (iii) with respect to grants

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Page:United States Statutes at Large Volume 88 Part 1.djvu/551

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

507

to carry out programs described in clauses (1) and (2) of subsection (a) of section 721, the relative ability of particular local educational agencies within the State to provide such services and activities, and (iv) with respect to such grants, the relative numbers of persons from low-income families sought to be benefitted by such programs; " (B) in the case of applications from local educational agencies to carry out programs of bilingual education under clause (1) of subsection (a) of section 721, the Commissioner determines that not less than 15 per centum of the amounts paid to the applicant for the purposes of such programs shall be expended for auxiliary and supplementary training programs in accordance with the provisions of clause (3)(B) of such subsection and section 723; ^°sf, p. sos. " (C) the Commissioner determines (i) that the program will use the most qualified available personnel and the best resources and will substantially increase the educational opportunities for children of limited English-speaking ability in the area to be served by the applicant, and (ii) that, to the extent consistent with the number of children enrolled in nonprofit, nonpublic schools in the area to be served whose educational needs are of the type which the program is intended to meet, provision has been made for participation of such children; and " (D) the State educational agency has been notified of the application and has been given the opportunity to offer recommendations thereon to the applicant and to the Commissioner, "(3)(A) Upon an application from a State educational agency, the Commissioner shall make provision for the submission and approval of a State program for the coordination by such State agency of technical assistance to programs of bilingual education in such State assisted under this title. Such State program shall contain such provisions, agreements, and assurances as the Commissioner shall, by regulation, determine necessary and proper to achieve the purposes of this title, including assurances that funds made available mider this section for any fiscal year will be so used as to supplement, and to the extent practical, increase the level of funds that would, in the absence of such funds be made available by the State for the purposes described in this section, and in no case to supplant such funds, " (B) Except as is provided in the second sentence of this subparagraph, the Commissioner shall pay from the amounts authorized for these purposes pursuant to section 702 for each fiscal year to each State ^"'^' P- S^^. educational agency which has a State program submitted and approved under subparagraph (A) such sums as may be necessary for the proper and efficient conduct of such State program. The amount paid by the Commissioner to any State educational agency under the preceding sentence for any fiscal year shall not exceed 5 per centum of the aggregate of the amounts paid under this part to local educational agencies in the State of such State educational agency in the fiscal year preceding the fiscal year in which this limitation applies. "(c) I n determining the distribution of funds under this title, the Commissioner shall give priority to areas having the greatest need for programs assisted under this title, "INDIAN

CHILDREN

IN

SCHOOLS

"SEC. 722. (a) For the purpose of carrying out programs under this ^° ^^'^ ssob-s, part for individuals served by elementary and secondary schools operated predominantly for Indian children, a nonprofit institution or organization of the Indian tribe concerned which operates any

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Page:United States Statutes at Large Volume 88 Part 1.djvu/552

 508

PUBLIC LAW 93-380-AUG. 21, 1974

Payments. Ante, p. 5 0 3.

Annual report to Congress and President.

A s s e s s m e n t of n e e d s of Indian children, submittal to Congress andPresident.

[88 STAT.

such school and which is approved by the Commissioner for the purposes of this section may be considered to be a local educational agency as such term is used in this title. "(b) From the sums appropriated pursuant to section 702(b), the Commissioner is authorized to make payments to the Secretary of the Interior to carry out programs of bilingual education for children on reservations served by elementary and secondary schools for Indian children operated or funded by the Department of the Interior. The terms upon which payments tor such purpose may be made to the Secretary of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the policy of section 702(a). "(c) The Secretary of the Interior shall prepare and, not later than November 1 of each year, shall submit to the Congress and the President an annual report detailing a review and evaluation of the use, during the pi-eccding fiscal year, of all funds paid to hira by the Commissioner under subsection (b) of this section, including complete fiscal reports, a description of the personnel and information paid for in whole or in part with such funds, the allocation of such funds, and the status of all programs funded from such payments. Nothing in this subsection shall be construed to relieve the Director of any authority or obligation under this part. " (d) The Secretary of the Interior shall, together with the information required in the preceding subsection, submit to the Congress and the President, an assessment of the needs of Indian children with respect to the purposes of this title in schools operated or funded by the Department of the Interior, including those State educational agencies and local educational agencies receiving assistance under the Johnson-O'Malley Act (25 U.S.C. 452 et seq.) and an assessment of the extent to which such needs are being met by funds provided to such schools for educational purposes through the Secretary of the Interior. TRAINING

20 USC 880b-9. Ante,

p. 506.

Fellowships.

"SEC. 723. (a)(1) In carrying out the provisions of clauses (1) and (3) of subsection (a) of section 721, with respect to ti-aining, the Commissioner shall, through grants to, and contracts with, eligible applicants, as defined in subsection (b), provide for— " (A)(i) training, carried out in coordination with any other programs training auxiliary educational personnel, designed (I) to prepare personnel to participate in, or for personnel participating in, the conduct of programs of bilingual education, including programs emphasizing opportunities for career development, advancement, and lateral mobility, ( II) to train teachers, administrators, paraprofessionals, teacher aides, and parents, and ( III) to train persons to teach and counsel such persons, and (ii) special training programs designed (I) to meet individual needs, and ( II) to encourage reform, innovation, and improvement in applicable education curricula in graduate education, in the structure of the academic profession, and in recruitment and retention of higher education and graduate school facilities, as related to bilingual education; and " (B) the operation of short-term training institutes designed to improve the skills of participants in programs of bilingual education in order to facilitate their effectiveness in carrying out responsibilities in connection with such programs. "(2) I n addition the Commissioner is authorized to award fellowships for study in the field of training teachers for bilingual edu-

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 88

STAT.]

509

PUBLIC LAW 93-380-AUG. 21, 1974

cation. For the fiscal year ending June 30, 1975, not less than 100 fellowships leading to a graduate degree shall be awarded under the preceding sentence for preparing individuals to train teachers for programs of bilingual education. Such fellowships shall be awarded in proportion to the need for teachers of various groups of individuals with limited English-speaking ability. For each fiscal year after June 30, 1975, and prior to July 1, 1978, the Commissioner shall report to the Committee on Education and Labor of the House of Representatives and the Committee on Labor and Public Welfare of the Senate on the number of fellowships in the field of training teachers for bilingual education which he recommends will be necessary for that fiscal year. "(3) The Commissioner shall include in the terms of any arrangement described in paragraphs (1) and (2) of subsection (a) of this section provisions for the payment, to persons participating in training programs so described, of such stipends (including allowances for subsistance and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. "(4) I n making grants or contracts under this section, the Commissioner shall give priority to eligible applicants with demonstrated competence and experience in the field of bilingual education. Funds provided under grants or contracts for training activities described in this section to or with a State educational agency, separately or jointly, shall in no event exceed in the aggregate in any fiscal year 15 per centum of the total amount of funds obligated for training activities pursuant to clauses (1) and (3) of subsection (a) of section 721 in such year. " (5) An application for a grant or contract for preservice or inservice training activities described in clause (A)(i)(I) and clause (A) (ii)(I) and in subsection (a)(1)(B) of this section shall be considered an application for a program of bilingual education for the purposes of subsection (a)(4)(E) of section 703. " (b) For the purposes of this section, the term 'eligible applicants' means— "(1) institutions of higher education (including junior colleges and community colleges) which apply, after consultation with, or jointly with, one or more local educational agencies; "(2) local educational agencies; and "(3) State educational agencies.

Report to cong r e s s i o n a l committees.

Stipends.

Ante,

p. 506,.

Ante, p 504. "Eligible applicants.'

" P A R T B—ADMINISTRATION "OFFICE OF BILINGUAL EDUCATION

"SEC. 731. (a) There shall be, in the Office of Education, an Office of Bilingual Education (hereafter in this section referred to as the 'Office') through which the Commissioner shall carry out his functions relating to bilingual education. " (b)(1) The Office shall be headed by a Director of Bilingual Education, appointed by the Commissioner, to whom the Commissioner shall delegate all of his delegable functions relating to bilingual education. "(2) The Office shall be organized as the Director determines to be appropriate in order to enable him to carry out his functions and responsibilities effectively. "(c) The Commissioner, in consultation with the Council, shall prepare and, not later than November 1 of 1975, and of 1977, shall submit to the Congress and the President a report on the condition of bilingual education m the Nation and the administration and operation of this

Establishment. 20 USC 880b-10.

Report to Congress and President.

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PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

title and of other programs for persons of limited English-speaking ability. Such report shall include— " (1) a national assessment of the educational needs of children and other persons with limited English-speaking ability and of the extent to which such needs are being met from Federal, State, and.local efforts, including (A) not later than July 1, 1977, the results of a survey of the number of such children and persons in the States, and (B) a plan, including cost estimates, to be carried out during the five-year period beginning on such date, for extending programs of bilingual education and bilingual vocational and adult education programs to all such preschool and elementary school children and other persons of limited English-speaking ability, including a phased plan for the training of the necessary teachers and other educational personnel necessary for such purpose; "(2) a report on and an evaluation of the activities carried out under this title during the preceding fiscal year and the extent to which each of such activities achieves the policy set forth in section 702(a); "(3) a statement of the activities intended to be carried out during the succeeding period, including an estimate of the cost of such activities; "(4) an assessment of the number of teachers and other educational personnel needed to carry out programs of bilingual education under this title and those carried out under other programs for persons of limited English-speaking ability and a statement describing the activities carried out thereunder designed to prepare teachers and other educational personnel for such programs, and the number of other educational peisonnel needed to carry out programs of bilingual education in the States and a statement describing the activities carried out under this title designed to prepare teachers and other educational personnel for such programs; and "(5) a description of the personnel, the functions of such personnel, and information available at the regional offices of the Department of Health, Education, and Welfare dealing with bilingual programs within that region. " N A T I O N A L A D VI S O R Y C O U N C I L O N BILINGITAL EDUCATION

Establishment. "SEC. 732. (a) Subject to part I) of the General Education Pi-oviPolff p.^575"^^' Jjions Act, there shall be a National Advisory Council on Bilingual Membership. Education composcd of fifteen members appointed by the Secretary, one of whom he shall designate as Chairman. At least eight of the members of the Council shall be persons experienced in dealing with the educational problems of children and other persons who are of limited English-speaking ability, at least one of whom shall be representative of persons serving on boards of education operating programs of bilingual education. At least three members shall be experienced in the training of teachers in programs of bilingual education. At least two members shall be persons with general experience in the field of elementary and secondary education. At least two members shall be classroom teachers of demonstrated teaching abilities using bilingual methods and techniques. The members of the Council shall be appointed in such a way as to be generally representative of the significant segments of the population of persons of limited English-speaking ability and the geographic areas in which they reside.

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PUBLIC LAW 93-380-AUG. 21, 1974

" (b) The Council shall meet at the call of the Chairman, but, notwithstanding the provisions of section 446(a) of the General Educa20 USC 1233e. tion Provisions Act, not less often than four times in each year. Duties. "(c) The Council shall advise the Commissioner in the preparation of general regulations and with respect to policy matters arising in the administration and operation of this title, including the development of criteria for approval of applications, and plans under this title, and the administration and operation of other programs for persons of limited English-speaking ability. The Council shall prepare and, not later than November 1 of each year, submit a report to the Report Congress and the President on the condition of bilingual education in Congress to and the Nation and on the administration and operation of this title, President. including those items specified in section 731(c), and the administra- Ante, p. 509. tion and operation of other programs for persons of limited Englishspeaking ability. Personnel " (d) The Commissioner shall procure temporary and intermittent procurement. services of such personnel as are necessary for the conduct of the functions of the Council, in accordance with section 445, of the General Education Provisions Act, and shall make available to the Council 20 USC 1233d. such staff, information, and other assistance as it may require to carry out its activities effectively. "PART C—SUPPORTIVE SERVICES AND ACTIVITIES "ADMINISTRATION

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

20 USC 880b-12.

20 USC 1225. Regulations.

Infra.

" R E S E A R C H A N D DEMONSTRATION PROJECTS Bilingual edu» "SEC. 742. (a) The National Institute of Education shall, in accord- cation research. ance with the provisions of section 405 of the General Education Pro20 USC 880b»13. 20USe 1221e. visions Act, carry out a program of research in the field of bilingual education in order to enhance the effectiveness of bilingual education programs carried out under this title and other programs for persons of limited English-speaking ability. eompetitive "(b) I n order to test the effectiveness of research findings by the contracts. National Institute of Education and to demonstrate new or innovative practices, techniques, and methods for use in such bilingual education programs, the Director and the Commissioner are authorized to make competitive contracts with public and private educational agencies, institutions, and organizations for such purpose. "(c) I n carrying out their responsibilities under this section, the Commissioner and the Director shall, through competitive contracts with appropriate public and private agencies, institutions, and organizations— " (1) undertake studies to determine the basic educational needs and language acquisition characteristics of, and the most effective

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Appropriations. Effective date. 20 USC 880b note. Ante,

p. 504.

20 USC 880b.

20 USC 8 8 0 b - l l note. Ante, p. 510. " Other programs for p e r s o n s of limited English-speaking ability." Ante, p. 504. 20 USC 1607. Post, Post,

p. 578. p. 607.

Post,

p. 609.

[88 STAT.

conditions for, educating children of limited English-speaking ability; "(2) develop and disseminate instructional materials and equipment suitable for use in bilingual education programs; and " (8) establish and operate a national clearinghouse of information for bilingual education, which shall collect, analyze, and disseminate information about bilingual education and such bilingual education and related programs. " (d) I n carrying out their responsibilities under this section, the Commissioner and the Director shall provide for periodic consultation with representatives of State and local educational agencies and appropriate groups and organizations involved in bilingual education. "(e) There is authorized to be appropriated for each fiscal year prior to July 1, 1978, $5,000,000 to carry out the provisions of this section.". (2)(A) The amendment made by this subsection shall be effective upon the date of enactment of this Act, except that the provisions of part A of title VII of the Elementary and Secondary Education Act of 1965 (as amended by subsection (a) of this section) shall become effective on July 1, 1975, and the provisions of title VII of the Elementary and Secondary Education Act of 1965 in effect immediately prior to the date of enactment of this Act shall remain in effect through June 30, 1975, to the extent not inconsistent with the amendment made by this section, (B) The National Advisory Council on Bilingual Education, for which provision is made in section 732 of such Act, shall be appointed within ninety days after the enactment of this Act. (b) Section 703(a) of title VII of such Act is amended by adding at the end thereof the following: "(8) The term 'other programs for persons of limited Englishspeaking ability' when used in sections 731 and 732 means the program authorized by section 708(c) of the Emergency School Aid Act and the programs carried out in coordination with the provisions of this title pursuant to section 122(a)(4)(C) and part J of the Vocational Education Act of 1963, and section 306(a) (11) of the Adult Education Act, and programs and projects serving areas with high concentrations of persons of limited English-speaking ability pursuant to section 6 (b)(4) of the Library Services and Construction Act.". STATUTE OF L I M I T A T I O X S

20 USC 8 8 1.

SEC. 106. Title VIII of the Elementary and Secondary Education Act of 1965 is amended by inserting after section 803 the following new section: STATUTE o r L I M I T A T I O N S ON R E F U N D OF P A Y M E N T S

20 USC 884. Ante,

p. 488.

804. No State or local educational agency shall be liable to refund any payment made to such agency under this Act (including title I of this Act) which was subsequently determined to be unauthorized by law, if such payment was made more than five years before such agency received final written notice that such payment was unauthorized.". •'SEC.

DROPOUT PREVENTION PROJECTS 20 USC 887.

SEC. 107. (a) Section 807(c) of the Elementary and Secondary Education Act of 1965 is amended by inserting before the period at the end thereof the following: ", and each of the five succeeding fiscal

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513

years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV". d (b) Th^amendments made by this section shall be effective on and Effective887a t e. 20 USC after July 1, 1973. nole SCHOOL N U T R I T I O N A N D H E A L T H SERVICES

SEC. 108. (a) Section 808(d) of the Elementary and Secondary Education Act of 1965 is amended by inserting before the period at the end thereof the following: ", and each of the five succeeding fiscal years, except that no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part C of title IV". (b) The amendments made by this section shall be effective on and after Julv 1, 1973.

20 USC 887a.

Effective date.

20 USC 887a note.

CORRECTION EDUCATION SERVICES

SEC. 109. (a) Section 809 of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following ^° ^^^ ^^^^'• new subsection: "(c) For the purpose of carrying out this section, there is authorized to be appropriated $500,000 for the fiscal year ending June 30, 1974, and for the succeeding fiscal year." da (b) The amendments made by this section shall be effective on and Effective887bt e. 20 USC after July 1, 1974. note O P E N M E E T I N G S OF EDUCATIONAL

AGENCIES

SEC. 110. Title VIII of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following new section: " O P E N M E E T I N G S OF EDUCATIONAL AGENCIES

"SEC. 812. No application for assistance under this Act may be considered unless the local educational agency making such application certifies to the Commissioner that members of the public have been afforded the opportunity upon reasonable notice to testify or otherwise comment regarding the subject matter of the application. The Commissioner is authorized and directed to establish such regulations as necessary to implement this section."

20 USC 887e.

E T H N I C H E R I T A G E STUDIES CENTERS

SEC. 111. (a)(1) Section 907 of the Elementary and Secondary Education Act of 1965 is amended by striking out "the fiscal year end- ^° ^^^ 9ooa-5 ing June 30, 1973" and inserting in lieu thereof "each of the fiscal years ending prior to July 1, 1978". (2) The amendments made by this subsection shall be effective on Effective date. and after July 1, 1973. „1°."^^ ^°°^-^ (b) Section 903 of such Act is amended by— 20 USC 9ooa-i (1) striking out "elementary and secondary schools and institutions of higher education" in clause (1) of such section, and inserting in lieu thereof "elementary or secondary schools or institiitions of higher education"; (2) striking out "elementary and secondary schools and institutions of higher education" in clause (2) of such section and inserting in lieu thereof "elementary or secondary schools or institutions of higher education";

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20 USC 9ooa.i.

(3) inserting the word "or" after clause (1) of such section; and (4) inserting the word "or" at the end of clause (2) of such section.

Equal EducaaerL?of°i97i:

TITLE II — E Q U A L E D U C A T I O N A L O P P O R T U N I T I E S AND THE TEANSPOETATION OF STUDENTS SHORT TITLE

20 USC 1701

gEC. 201. This title may be cited as the "Equal Educational Opportunities Act of 1974". PART A — E Q U A L EDUCATIONAL OPPORTUNITIES

Subpart 1—Policy and Purpose DECLARATION or POLICY

20 USC 1701.

gj,^ 202. (a) The Congress declares it to be the policy of the United States that— (1) all children enrolled in public schools are entitled to equal educational opportunity without regard to race, color, sex, or national origin; and (2) the neighborhood is the appropriate basis for determining public school assignments. (b) I n order to carry out this policy, it is the purpose of this part to specify appropriate remedies for the orderly removal of the vestiges of the dual school system. FINDINGS

20 USC 1702.

gjjc. 203. (a) The Congress finds that— (1) the maintenance of dual school systems in which students are assigned to schools solely on the basis of race, color, sex, or national origin denies to those students the equal protection of the laws guaranteed by the fourteenth amendment; (2) for the purpose of abolishing dual school systems and eliminating the vestiges thereof, many local educational agencies have been required to reorganize their school systems, to reassign students, and to engage in the extensive transportation of students; (3) the implementation of desegregation plans that require extensive student transportation has, in many cases, required local educational agencies to expend large amount of funds, thereby depleting their financial resources available for the maintenance or improvement of the quality of educational facilities and instruction provided; (4) transportation of students which creates serious risks to their health and safety, disrupts the educational process carried out with respect to such students, and impinges significantly on their educational opportunity, is excessive; (5) the risks and harms created by excessive transportation are particularly great for children enrolled in the first six grades; and (6) the guidelines provided by the courts for fashioning remedies to dismantle dual school systems have been, as the Supreme Court of the United States has said, "incomplete and imperfect," and have not established, a clear, rational, and uniform standard for determining the extent to which a local educational agency is required to reassign and transport its students in order to eliminate the vestiges of a dual school system.

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(b) For the foregoing reasons, it is necessary and proper that the Congress, pursuant to the powers granted to it by the Constitution of the United States, specify appropriate remedies for the elimination ^. y^^c prec. of the vestiges of dual school systems, except that the provisions of this title are not intended to modify or diminish the authority of the courts of the United States to enforce fully the fifth and fourteenth amendments to the Constitution of the United States. Subpart 2—Unlawful Practices D E N I A L OF EQUAL EDUCATIONAL O P P O R T U N I T Y P R O H I B I T E D

SEC. 204. No State shall deny equal educational opportunity to an 20 USC 1703. individual on account of his or her race, color, sex, or national origin, (a) the deliberate segregation by an educational agency of students on the basis of race, color, or national origin among or within schools; (b) the failure of an educational agency which has formerly practiced such deliberate segregation to take affirmative steps, consistent with subpart 4 of this title, to remove the vestiges of a dual school system; (c) the assignment by an educational agency of a student to a school, other than the one closest to his or her place of residence within the school district in which he or she resides, if the assignment results in a greater degree of segregation of students on the basis of race, color, sex, or national origin apiong the schools of such agency than would result if such student were assigned to the school closest to his or her place of residence within the school district of such agency providing the appropriate grade level and type of education for such student; (d) discrimination by an educational agency on the basis of race, color, or national origin in the employment, employment conditions, or assignment to schools of its faculty or staff, except to fulfill the purposes of subsection (f) below; (e) the transfer by an educational agency, whether voluntary or otherwise, of a student from one school to another if the purpose and effect of such transfer is to increase segregation of students on the basis of race, color, or national origin among the schools of such agency; or (f) the failure by an educational agency to take appropriate action to overcome language barriers that impede equal participation by its students in its instructional programs. BALANCE NOT REQUIRED

SEC. 205. The failure of an educational agency to attain a balance, on the basis of race, color, sex, or national origin, of students among its schools shall not constitute a denial of equal educational opportunity, or equal protection of the laws.

^° ^^^ ^''°'**

ASSIGNMENT ON NEIGHBORHOOD BASIS NOT A DENIAL OF EQUAL EDUCATIONAL OPPORTUNITT

SEC. 206. Subject to the other provisions of this part, the assignment by an educational agency of a student to the school nearest his place of residence which provides the appropriate grade level and type of education for such student is not a denial of equal educational opportunity or of equal protection of the laws unless such assignment is for

^° ^^'^ ^ ^°^'

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[88 STAT.

the purpose of segregating students on the basis of race, color, sex, or national origin, or the school to which such student is assigned was located on its site for the purpose of segregating students on such basis. Subpart 3—Enforcement CIVIL ACTIONS 20 USC 1706.

SEC. 207. An individual denied an equal educational opportunity, as defined by this part may institute a civil action in an appropriate district court of the United States against such parties, and for such relief, as may be appropriate. The Attorney General of the United States (hereinafter in this title referred to as the "Attorney General"), for or in the name of the United States, may also institute such a civil action on behalf of such an individual. E F F E C T OF CERTAIN P O P U L A T I O N C H A N G E S ON CERTAIN

20 USC 1707.

ACTIONS

gj,^^ 208. When a court of competent jurisdiction determines that a school system is desegregated, or that it meets the constitutional requirements, or that it is a unitary system, or that it has no vestiges of a dual system, and thereafter residential shifts in population occur which result in school population changes in any school within such a desegregated school system, such school population changes so occurring shall not, per se, constitute a cause for civil action for a new plan of desegregation or for modification of the court approved plan. JURISDICTION OF DISTRICT COURTS

20 USC 1708.

SEC. 209. The appropriate district court of the United States shall have and exercise jurisdiction of proceedings instituted under section 207. I N T E R V E N T I O N BY ATTORNEY

20 USC 1709.

GENERAL

gjjc^ 210. Whenever a civil action is instituted under section 207 by an individual, the Attorney General may intervene in such action upon timely application. S U I T S BY THE ATTORNEY GENERAL

20 USC 1710.

gj,^ 211. The Attorney General shall not institute a civil action under section 207 before he— (a) gives to the appropriate educational agency notice of the condition or conditions which, in his judgment, constitute a violation of subpart 2 of this part; and (b) certifies to the appropriate district court of the United States that he is satisfied that such educational agency has not, within a reasonable time after such notice, undertaken appropriate remedial action. Subpart 4—Remedies FORMULATING REMEDIES; APPLICABILITY

20 USC 1712.

'

SEC. 213. I n formulating a remedy for a denial of equal educational opportunity or a denial of the ecjual protection of the laws, a court, department, or agency of the United States shall seek or impose only such remedies as are essential to correct particular denials of equal educational opportunity or equal protection of the laws.

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PRIORITY OF REMEDIES

SEC. 214. I n formulating a remedy for a denial of equal educational opportunity or a denial of the equal protection of the laws, which may involve directly or indirectly the transportation of students, a court, department, or agency of the United States shall consider and make specific findings on the efficacy in correcting such denial of the following remedies and shall require implementation of the first of the remedies set out below, or of the first combination thereof which would remedy such denial: (a) assigning students to the schools closest to their places of residence which provide the appropriate grade level and type of education for such students, taking into account school capacities and natural physical barriers; (b) assigning students to the schools closest to their places of residence which provide the appropriate grade level and type of education for such students, taking into account only school capacities; (c) permitting students to transfer from a school in which a majority of the students are of their race, color, or national origin to a school in which a minority of the students are of their race, color, or national origin; (d) the creation or revision of attendance zones or grade structures without requiring transportation beyond that described in section 215; (e) the construction of new schools or the closing of inferior schools; (f) the construction or establishment of magnet schools; or (g) the development and implementation of any other plan which is educationally sound and administratively feasible, subject to the provisions of sections 215 and 216 of this part.

^° "^*^ ^^^^•

^

TRANSPORTATION OF STUDENTS

SEC. 215. (a) No court, department, or agency of the United States shall, pursuant to section 214, order the implementation of a plan that would require the transportation of any student to a school other than the school closest or next closest to his place of residence which provides the appropriate grade level and type of education for such student. (b) No court, department, or agency of the United States shall require directly or indirectly the transportation of any student if such transportation poses a risk to the health of such student or constitutes a significant impingement on the educational process with respect to such student. (c) When a court of competent jurisdiction determines that a school system is desegregated, or that it meets the constitutional requirements, or that it is a unitary system, or that it has no vestiges of a dual system, and thereafter residential shifts in population occur which result in school population changes in any school within such a desegregated school system, no educational agency because of such shifts shall be required by any court, department, or agency of the United States to formulate, or implement any new desegregation plan, or modify or implement any modification of the court approved desegregation plan, which would require transportation of students to compensate wholly or in part for such shifts in school population so occurring.

2° ^^^ ^^i'**

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