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PUBLIC LAW 95-471-OCT. 17, 1978

tors as determined by the Secretary. Adjustments for overpayments and underpayments shall be applied to the remainder of such funds and such remainder shall be delivered no later than July 1 of each year.

"(c) The Secretary of the Interior is authorized and directed to establish by rule procedures to insure that all funds appropriated under this Act are properly identified for grants to the Navajo Community College and that such funds are not commingled with appropriations historically expended by the Bureau of Indian Affairs for programs and projects normally provided on the Navajo Reservation for Navajo beneficiaries.".

92 STAT. 1331

(b) Nothing in this title or in the amendment made by this title 25 USC 640c-1 shall be deemed to authorize appropriations for the fiscal year begin- note. ning October 1, 1978.

Approved October 17, 1978.

LEGISLATIVE HISTORY:

HOUSE REPORT No. 95-1558, accompanying H.R. 9158 (Comm. on Education and

Labor).

SENATE REPORT No. 95-582 (Comm. on Indian Affairs).

CONGRESSIONAL RECORD:

Vol. 123 (1977): Nov. 4, considered and passed Senate.

Vol. 124 (1978): Sept. 26, H.R. 9158 considered and passed House; passage
vacated and S. 1215, amended, passed in lieu.

Oct. 3, Senate concurred in House amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:

Vol. 14, No. 41 (1978): Oct. 17, Presidential statement.

PUBLIC LAW 95-561-NOV. 1, 1978

92 STAT. 2143

Public Law 95-561

95th Congress

An Act

To extend and amend expiring elementary and secondary education programs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Education Amendments of 1978".

TABLE OF CONTENTS

TITLE I-AMENDMENT TO TITLE I OF THE ELEMENTARY AND
SECONDARY EDUCATION ACT OF 1965

Sec. 101. Special educational programs and projects for educationally deprived
children.

"TITLE I-FINANCIAL ASSISTANCE TO MEET SPECIAL

EDUCATIONAL NEEDS OF CHILDREN

"Sec. 101. Declaration of policy.

"Sec. 102. Duration of assistance.

"PART A-PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES

"Subpart 1-Basic Grants

"Sec. 111. Grants-Amount and eligibility.

"Sec. 112. Treatment of earnings for purposes of aid to families with dependent children.

"Subpart 2-Special Grants

"Sec. 116. Special incentive grants.

"Sec. 117. Grants for local educational agencies in counties with especially high concentrations of children from low-income families.

"Subpart 3-Program Requirements and Applications

"Sec. 121. Local program application.

"Sec. 122. Designating school attendance areas.

"Sec. 123. Children to be served.

"Sec. 124. Requirements for design and implementation of programs.

"Sec. 125. Parental involvement.

"Sec. 126. Funds allocation.

"Sec. 127. Accountability.

Nov. 1, 1978

[H.R. 15]

Education
Amendments of
1978.
20 USC 2701
note.

"Sec. 128. Complaint resolution.

"Sec. 129. Individualized plans.

"Sec. 130. Participation of children enrolled in private schools.

"Subpart 4-Exemptions From Certain Program Requirements

"Sec. 131. Exclusions from excess costs and comparability provisions for certain special State and local programs.

"Sec. 132. Limited exemption to supplement, not supplant, requirement where certain special programs for educationally deprived children are fully funded.

"Sec. 133. Schoolwide projects.

"Sec. 134. Noninstructional duties.

92 STAT. 2144

PUBLIC LAW 95-561-NOV. 1, 1978

"PART B-PROGRAMS OPERATED BY STATE AGENCIES

"Subpart 1-Programs for Migratory Children

"Sec. 141. Grants-Entitlement and amount.

"Sec. 142. Program requirements.

"Sec. 143. Coordination of migrant education activities.

"Subpart 2-Programs for Handicapped Children

"Sec. 146. Amount and eligibility.

"Sec. 147. Program requirements.

"Subpart 3-Programs for Neglected and Delinquent Children

"Sec. 151. Amount and entitlement.
"Sec. 152. Program requirement.
"Sec. 153. Transition services.

"Subpart 4-General Provisions for State Operated Programs

"Sec. 156. Reservation of funds for territories.

"Sec. 157. Minimum payments for State operated programs.

"PART C-STATE ADMINISTRATION OF PROGRAMS AND PROJECTS

"Subpart 1-Applicability; State Applications

"Sec. 161. Applicability.

"Sec. 162. State applications.

"Subpart 2-Duties Imposed on State Educational Agencies

"Sec. 164. Application approval.

"Sec. 165. State rulemaking.

"Sec. 166. Technical assistance and dissemination of information.
"Sec. 167. Monitoring.

"Sec. 168. Complaint resolution.

"Sec. 169. Withholding of payments.

"Sec. 170. Audits and audit resolution.

"Subpart 3-Responsibilities of State Educational Agencies to Commissioner

"Sec. 171. State monitoring and enforcement plans.

"Sec. 172. Reporting.

"Sec. 173. Recordkeeping, fiscal control, and fund accounting.

"Sec. 174. Prohibition of consideration of Federal aid in determining State aid.

"PART D-FEDERAL ADMINISTRATION OF PROGRAMS AND PROJECTS

"Sec. 181. Applicability.

"Sec. 182. Approval of applications.

"Sec. 183. Program evaluation.

"Sec. 184. Complaint resolution.

"Sec. 185. Audits and audit resolution.

"Sec. 186. Withholding of payments.

"Sec. 187. Policy manual.

"Sec. 188. Enforcement report.

"PART E-PAYMENTS

"Sec. 191. Payment methods.

"Sec. 192. Amount of payments to local educational agencies.
"Sec. 193. Adjustments where necessitated by appropriations.
"Sec. 194. Payments for State administration.

"PART F-General ProVISIONS

"Sec. 195. Judicial review.

"Sec. 196. National Advisory Council.

PUBLIC LAW 95-561-NOV. 1, 1978

92 STAT. 2145

"Sec. 197. Limitation on grant to Puerto Rico. "Sec. 198. Definitions.".

Sec. 102. Study of alternatives for demonstrating comparability.

TITLE II-ESTABLISHMENT OF A NEW TITLE II OF THE ELEMENTARY
AND SECONDARY EDUCATION ACT OF 1965

Sec. 201. Basic skills.

"TITLE II-BASIC SKILLS IMPROVEMENT

"Sec. 201. Purpose.

"PART A-NATIONAL PROGRAM

"Sec. 202. Applications.

"Sec. 203. Acceptance of gifts.

"Sec. 204. Grants and contracts.

"Sec. 205. Instruction in basic skills.

"Sec. 206. Parental participation in basic skills instruction.

"Sec. 207. Use of technology in basic skills instruction.

"Sec. 208. Involvement of educational agencies and private organizations.
"Sec. 209. Collection and dissemination of information relating to basic
skills programs.

"Sec. 210. Coordination.

"PART B-STATE BASIC SKILLS IMPROVEMENT PROGRAM

"Sec. 221. Statement of purpose.

"Sec. 222. Agreements with State educational agencies. "Sec. 223. Distribution of funds.

"Sec. 224. State leadership program.

"PART C-SPECIAL PROGRAMS FOR IMPROVING BASIC SKILLS

"Sec. 231. Inexpensive book distribution program for reading motivation. "Sec. 232. Special mathematics program.

"PART D-GENERAL PROVISIONS

"Sec. 241. Authorization of appropriations.

"Sec. 242. Apportionment of appropriations.".

TITLE III-ESTABLISHMENT OF A NEW TITLE III OF THE ELEMEN-
TARY AND SECONDARY EDUCATION ACT OF 1965

Sec. 301. Special projects.

"TITLE III-SPECIAL PROJECTS

"PART A-GENERAL PROVISIONS

"Sec. 301. Statement of purpose.

"Sec. 302. Grants and contracts authorized.

"Sec. 303. Commissioner's discretionary projects.

"PART B-METRIC EDUCATION

"Sec. 311. Short title; declaration of purpose.

"Sec. 312. Program authorized.

"Sec. 313. Application.

"Sec. 314. Authorization of appropriations.

"PART C-ARTS IN EDUCATION

"Sec. 321. Short title; statement of findings.

"Sec. 322. Program authorized.

"Sec. 323. Authorization of appropriations.

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TITLE IV-AMENDMENT TO TITLE IV OF THE ELEMENTARY AND
SECONDARY EDUCATION ACT OF 1965

Sec. 401. Libraries, learning resources, educational innovation and support.

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