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(9) programs to extend the educational process beyond the school building through the use of other resources in the community, such as museums, businesses, cultural organizations,

labor unions, and governmental agencies. (b)(1) Funds available to the States under this part shall also be used (pursuant to State plans approved under section 404) for the purpose of encouraging innovation and improvement in compensatory educational efforts. Such efforts may include

(A) programs of grants to local educational agencies for summer bridge programs which provide students with continued academic improvement and stimulation during the summer months in order to preserve and increase the academic progress of such students in regular school year programs;

(B) programs of parent education which enable parents to better contribute to their children's academic progress by such means as the conducting of parent education or parenting programs which promote partnership between parents and teachers and help parents develop the skills necessary to motivate and assist such children;

(C) programs that provide retraining to improve the skills of teachers and other educational personnel to enable such personnel to meet better the specific educational needs of the children served by such personnel; and

(D) programs to develop educational materials for use by children in the home to improve student achievement in the

basic skills. (2) Each State shall ensure that not less than 50 per centum of those funds appropriated for any fiscal year which exceed the amount appropriated for this part for the fiscal year ending September 30, 1979, will be used for the purposes of programs described in paragraph (1).

(20 U.S.C. 3111) Enacted Aug. 21, 1974, P.L. 93–380, sec. 401, 88 Stat. 543, 544; amended Oct. 12, 1976, P.L. 94-482, sec. 501(e), 90 Stat. 2237; amended Nov. 1, 1978, P.L. 95–561, sec. 401, 92 Stat. 2237, 2238 (effective Oct. 1, 1979).

PROGRAM REQUIREMENTS

SEC. 432. (a) Funds may be provided to a local educational agency under this part for a particular activity for a period of not to exceed five fiscal years (excluding any period for which such agency received a planning grant for such activity), subject to the availability of appropriations for this part of each fiscal year. The amount provided to a local educational agency for any activity under this part shall decline after the third year, in accordance with criteria prescribed by the Commissioner, in order to ensure that successful practices developed with assistance under this part will be adopted and supported as part of the regular program of such agency.

(b)(1) From sums made available to each State under this part, the following sums shall be allocated for activities under section 431(a)(6), relating to plans for improved school management and the coordinated use in schools of all available resources:

(A) In fiscal year 1980, not less than 5 percent of any amount by which the amount available for this part in fiscal year 1980 exceeds the amount so available in fiscal year 1979.

(B) In fiscal year 1981 and in each succeeding fiscal year, not less than 10 percent of any amount by which the amount available for this part in such year exceeds the amount so available

in fiscal year 1979. (2) No activity under section 431(a)(6) shall be approved by the State educational agency unless the proposal therefor has been developed in consultation with, and has been approved by, a committee composed of administrators, teachers, other staff at the school, and parents whose children attend the school.

(c) Not less than 15 per centum of the amount received by a State under this part in any fiscal year shall be used for special programs or projects meeting the purposes of this part for the education of handicapped children. For the purpose of this part, the term "handicapped children" has the meaning set forth in section 602(1) of the Education of the Handicapped Act.

(d) Subject to section 406 (d) and (e), a State educational agency shall not approve the application of a local educational agency for assistance under this part unless the State educational agency determines that in designing the proposal to which that application relates, the needs of children in nonprofit private schools have been taken into account through consultation with private school officials and other means.

(20 U.S.C. 3112) Enacted Nov. 1, 1978, P.L. 95–561, sec. 401, 92 Stat. 2238, 2239 (effective Oct. 1, 1979).

PART D-GUIDANCE, COUNSELING, AND TESTING

PROGRAM AUTHORIZED

SEC. 441. (a) The Commissioner shall carry out a program for making grants to States (pursuant to State plans approved under section 404) for

(1) State leadership and supervisory services in the fields of guidance, counseling, and testing; and

(2) comprehensive guidance, counseling, and testing programs in elementary and secondary schools throughout the State, including such services as

(A) elementary and secondary school counseling,

(B) in-service training for guidance and counseling personnel,

(C) supervision and leadership services at the local level, (D) program planning and development,

(E) special guidance and counseling programs suited to meet the special needs for such programs by persons who are disadvantaged,

(F) a program of testing students in elementary and secondary schools, and

(G) evaluation of such programs. (b) Of the sums allotted to any State for any fiscal year for the purposes of this part, not to exceed 742 per centum shall be available for the purpose described in clause (1) of subsection (a).

(20 U.S.C. 3121) Enacted Nov. 1, 1978, P.L. 95-561, sec. 401, 92 Stat. 2239, 2240 (effective Oct. 1, 1979).

PROGRAM REQUIREMENTS

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

(20 U.S.C. 3122) Enacted Nov. 1, 1978, P.L. 95-561, sec. 401, 92 Stat. 2240 (effective Oct. 1, 1979).

ADMINISTRATION

SEC. 443. (a) The Commissioner shall establish or designate an administrative unit within the Office of Education for purposes of

(1) carrying out provisions of this section;

(2) providing information regarding guidance and counseling as a profession, guidance and counseling activities of the Federal Government, and, to the extent practicable, activities of State and local programs of guidance and counseling; and

(3) advising the Commissioner on coordinating guidance and counseling activities included in all programs which he is authorized to carry out, and, to the extent he deems practicable, how such activities may be coordinated with other programs of the Federal Government and State and local guidance and

counseling programs. (b) The Commissioner may reserve an amount not to exceed 5 per centum of the sums appropriated for this part to carry out the provisions of this section.

(20 U.S.C. 3123) Enacted Nov. 1, 1978, P.L. 95-561, sec. 401, 92 Stat. 2240 (effective Oct. 1, 1979).

TITLE V-STATE LEADERSHIP 1

Part A-ADMINISTRATION OF EDUCATION PROGRAMS AND DUTIES OF

THE STATE EDUCATIONAL AGENCY

SINGLE STATE APPLICATION

SEC. 501. (a) Each State which desires to participate in programs authorized under title I and title IV of this Act shall submit to the Commissioner a general application containing the assurances set forth in subsection (b). That application may be submitted jointly for all programs covered by the application, or it may be submitted separately for each such program or for groups of programs. Each application submitted under this section must be approved by each official, agency, board, or other entity within the State which, under State law, is primarily responsible for supervision of the activities conducted under each program covered by the application.

1A new title V was added by the Education Amendments of 1978 (P.L. 95-561, sec. 501). Although this title is somewhat related to the previous title V of the Elementary and Secondary Education Act of 1965 (P.L. 89-10), most of the sections are entirely new, with the exception of section 531.

(b) An application submitted under subsection (a) shall set forth assurances, satisfactory to the Commissioner

(1) that each program will be administered in accordance with all applicable statutes, regulations, program plans, and applications;

(2) that the control of funds provided under each program and title to property acquired with program funds will be in a public agency, or in a nonprofit private agency, institution, or organization if the statute authorizing the program provides for grants to those entities, and that the public agency or nonprofit private agency, institution, or organization will administer those funds and property;

(3) that the State will adopt and use proper methods of administering each program to which this part applies including

(A) monitoring of agencies, institutions, and organizations responsible for carrying out each program, and the enforcement of any obligations imposed on those agencies, institutions, and organizations under law,

(B) providing technical assistance, where necessary, to those agencies, institutions, and organizations,

(C) enouraging the adoption by those agencies, institutions, and organizations for promising or innovative educational techniques.

(D) the dissemination throughout the State of information on the program requirements and successful practices, and

(E) the correction of deficiences in program operations that are identified through monitoring or evaluation; (4) that the State will evaluate the effectiveness of covered programs in meeeting their statutory objectives, at such intervals (not less often than once every three years) and in accordance with such procedures as the Commissioner may prescribe by regulation, and that the State will cooperate in carrying out any evaluation of each program conducted by or for the Secretary or other Federal official;

(5) that the State will use such fiscal control and fund accounting procedures as will insure proper disbursement of and accounting for Federal funds paid to the State under each program;

(6) that the State will make reports to the Commissioner (including reports on the results of evaluations required under paragraph (4) as may reasonably be necessary to enable the Commissioner to perform his duties under each program, and that the State will maintain such records, in accordance with the requirements of section 437 of the General Education Provisions Act, and afford access to the records as the Commissioner may find necessary to carry out his duties;

(7) that the State will provide reasonable opportunities for the participation by local agencies, representatives of the class of individuals affected by each program, and other interested institutions, organizations, and individuals in the planning for and operation of each program, including the following:

(A) the State will consult with relevant advisory committees, local agencies, interested groups, and experienced professionals in the development of program plans required by statute;

(B) the State will publish each proposed plan, in a manner that will ensure circulation throughout the State, at least sixty days prior to the date on which the plan is submitted to the Commissioner or on which the plan becomes effective, whichever occurs earlier, with an opportunity for public comments on such plan to be accepted for at least thirty days.

(C) the State will hold public hearings on the proposed plans if required by the Commissioner by regulation; and

(D) the State will provide an opportunity for interested agencies, organizations, and individuals to suggest improvements in the administration of the program and to allege that there has been a failure by any entity to

comply with applicable statutes and regulations. (c) Each general application submitted under this section shall remain in effect for the duration of any program subject to the application. The Commissioner shall not require the resubmission or amendment of that application unless required by changes in Federal or State law or by other significant change in the circumstances affecting an assurance in that application.

(20 U.S.C. 3141) Enacted Nov. 1, 1978, P.L. 95–561, sec. 501, 92 Stat. 2240-2242 (effective Oct. 1, 1978).

SINGLE LOCAL EDUCATIONAL AGENCY APPLICATION

SEC. 502. (a) Each local educational agency which participates in a program subject to this Act under which Federal funds are made available to that agency through a State agency or board shall submit to that agency or board a general application containing the assurances set forth in subsection (b). That application shall cover the participation by the local educational agency in all such programs.

(b) The general application submitted by a local education agency under subsection (a) shall set forth assurances

(1) that the local educational agency will administer each program covered by the application in accordance with all applicable statutes, regulations, program plans, and applications;

(2) that the control of funds provided to the local educational agency under each program and title to property acquired with those funds, will be in a public agency and that a public agency will administer those funds and property;

(3) that the local educational agency will use fiscal control and fund accounting procedures that will insure proper disbursement of, and accounting for Federal funds paid to that agency under each program;

(4) that the local educational agency will make reports to the State agency or board and to the Commissioner as may reasonably be necessary to enable the State agency or board and the Commissioner to perform their duties and that the local educational agency will maintain such records, including the records required under section 437 of the General Education Provisions Act, and give access to those records, as the State agency or

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