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(6) Such State council shall be authorized to obtain the services of such professsional, technical, and clerical personnel as may be necessary to enable them to carry out their functions under this title and to contract for such services as may be necessary to enable them to carry out their evaluation functions.

(c)(1) There are authorized to be appropriated for each fiscal year such sums, not in excess of 242 per centum of the amount otherwise appropriated for such year for the purposes of this title, as may be necessary to carry out the provisions of this subsection.

(20 U.S.C. 3171) Enacted as former sec. 541 Apr. 13, 1970, P.L. 91-230, sec. 143(a)(4)(D), 84 Stat. 148; redesignated and amended Nov. 1, 1978, P.L. 95–561, sec. 501, 92 Stat. 2249 (effective Oct. 1, 1978).

TITLE VI-EMERGENCY SCHOOL AID 1

SHORT TITLE

SEC. 601. This title may be cited as the “Emergency School Aid Act”.

(20 U.S.C. 3191) Enacted June 23, 1972, P.L. 92–318, sec. 701, 86 Stat. 354; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2252 (effective Oct. 1, 1978).

FINDINGS AND PURPOSE

SEC. 602. (a) The Congress finds that the process of eliminating or preventing minority group isolation and improving the quality of education for all children often involves the expenditure of additional funds to which local educational agencies do not have access. (b) The purpose of this title is to provide financial assistance

(1) to meet the special needs incident to the elimination of minority group segregation and discrimination among students and faculty in elementary and secondary schools, and

(2) to encourage the voluntary elimination, reduction, or prevention of minority group isolation in elementary and secondary schools with substantial proportions of minority group stu

dents. (20 U.S.C. 3192) Enacted June 23, 1972, P.L. 92–318, sec. 702, 86 Stat. 354; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2252 (effective Oct. 1, 1978).

POLICY WITH RESPECT TO THE APPLICATION OF CERTAIN PROVISIONS OF

FEDERAL LAW

SEC. 603. (a) It is the policy of the United States that guidelines and criteria established pursuant to this title shall be applied uniformly in all regions of the United States in dealing with conditions of segregation by race in the schools of the local educational agencies of any State without regard to the origin or cause of such segregation.

(b) It is the policy of the United States that guidelines and criteria established pursuant to title VI of the Civil Rights Act of 1964 and section 182 of the Elementary and Secondary Education

A new title VI was added by the Education Amendments of 1978 (P.L. 95-561, sec. 601). For its relationship to prior law, see title VII of the Education Amendments of 1972, P.L. 92-318 (entitled the “Emergency School Aid Act”).

Amendments of 1966 shall be applied uniformly in all regions of the United States in dealing with conditions of segregation by race whether de jure or de facto in the schools of the local educational agencies of any State without regard to the origin or cause of such segregation.

(20 U.S.C. 3193) Enacted June 23, 1972, P.L. 92–318, sec. 703, 86 Stat. 356; redesignated and amended Nov. 1, 1976, P.L. 95-561, sec. 601(a), 92 Stat. 2252 (effective Oct. 1, 1978).

AUTHORIZATION

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

(b)(1) There are authorized to be appropriated for the purposes of this title, to be apportioned among the States in accordance with section 605, $155,000,000 for fiscal year 1980 and for each of the three succeeding fiscal years.

(2) There are further authorized to be appropriated for the purpose of this title $245,000,000 for fiscal year 1980 and for each of the three succeeding fiscal years for special programs and projects under section 608 (except subsection (b) thereof) and under section 611, and for evaluations under section 613. From the amount appropriated under this subsection for any fiscal year, the Assistant Secretary shall reserve $20,000,000 or 25 per centum of such sums appropriated under this title, whichever is greater, for the purpose of carrying out programs and projects described in section 608(a)(1) through (3) and shall reserve 7 per centum for the projects de scribed in section 611.

(3) There are further authorized to be appropriated for the purpose of this title $15,000,000 for the fiscal year 1980 and for each of the three succceeding fiscal years for programs and projects designed to support the development or implementation of plans under section 608(b).

(c)(1) There are further authorized to be appropriated for the purpose of this title $7,250,000 and such additional sums as may be necessary for fiscal year 1980 and for each of the three succeeding fiscal years for providing compensatory services to students who had previously received such services funded in whole or in part under title I of this Act, but who are no longer receiving such services as a result of attendance area or enrollment changes under a plan implemented or ordered after August 21, 1974, if the plan meets the requirements of section 606(a)(1) (A), (B), (C), or (D) for eligibility for assistance under this title. (2) Funds made available under paragraph (1)

(A) shall not be used in any manner which would result in the isolation of the students described in such paragraph from other students in the school to which the students so described have been assigned by such plan; and

(B) shall be used to establish compensatory education programs, not less than 30 per centum of the enrollment in which is such other students, except that

(i) if such school receives funds under provisions of this title other than this subsection, such funds shall be used to provide such services to such other students; or

(ii) if such school does not receive such funds, funds provided under this subsection may be used for such other students, not exceeding 30 percentum of the enrollment in

such program. (20 U.S.C. 3194) Enacted June 23, 1972, P.L. 92–318, sec. 704, 86 Stat. 355; amended Aug. 21, 1974, P.L. 93-380, secs. 641(a), 642(a), 88 Stat. 587; amended Oct. 12, 1976, P.L. 94-482, sec. 321(a), (b), and (c)(1), 90 Stat. 2216, 2217; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2252, 2253 (effective Oct. 1, 1978).

APPORTIONMENT AMONG STATES

SEC. 605. (a) From the sums appropriated pursuant to section 604(b)(1) for any fiscal year, the Assistant Secretary shall apportion to each State for grants and contracts within the State $75,000 plus an amount which bears the same ratio to such sums as the number of minority group children aged five through seventeen, inclusive, in that State bears to the number of such children in all States, except that the amount apportioned to any State shall not be less than $100,000. The number of such children in each State and in all of the States shall be determined by the Assistant Secretary on the basis of the most recently available satisfactory data.

(b)(1) The amount by which any apportionment to a State for a fiscal year under subsection (a) exceeds the amount which the Assistant Secretary determines will be required for that fiscal year for programs and projects within that State shall be available either

(A) for reapportionment to other States for which the amount so apportioned is insufficient for approvable programs or projects for that fiscal year, or

(B) for special programs and projects under section 608(a), whichever the Assistant Secretary determines will best achieve the purposes of this title, the Assistant Secretary shall distribute any amounts reapportioned among the States pursuant to clause (A) in proportion to the need of eligible applicants in each such State for approvable programs or projects.

(2) The Assistant Secretary shall not fix a date for reapportionment, pursuant to this subsection, of any portion of any apportionment to a State for a fiscal year which date is earlier than one hundred and twenty days prior to the end of such fiscal year.

(3) Notwithstanding the provisions of paragraph (1) of this subsection, no portion of any apportionment to a State for a fiscal year shall be available for reapportionment pursuant to this subsection unless the Assistant Secretary determines that the application for assistance under this title which have been filed by eligible applicants in that State for which a portion of such apportionment has not been reserved (but which would necessitate use of that portion) are applications which do not meet the requirements of this title, as set forth in sections 606, 607, and 610, or which set forth programs or projects of such insufficient promise for achieving the purposes of this title stated in section 602(b) that their approval is not warranted.

(20 U.S.C. 3195) Enacted June 23, 1972, P.L. 92-318, sec. 705, 86 Stat. 355, 356; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2253, 2254 (effective Oct. 1, 1978).

ELIGIBILITY FOR ASSISTANCE

SEC. 606. (a)(1) The Assistant Secretary is authorized to make a grant to, or a contract with, a local educational agency

(A) which is implementing a plan

(i) which has been undertaken pursuant to a final order issued by a court of the United States, or a court of any State, or any other State agency or official of competent jurisdiction, and which requires the desegregation of minority group segregated children or faculty in the elementary and secondary schools of such agency, or otherwise requires the elimination or reduction of minority group iso lation in such schools, and which may, in addition, require educational activities in minority group isolated schools not affected by the reassignment of children or faculty under the plan in order to remedy the effects of illegal segregation; or

(ii) which has been approved by the Secretary as ade quate under title VI of the Civil Rights Act of 1964 for the desegregation of minority group segregated children or fac

ulty in such schools; or (B) which, without having been required to do so, has adopted and is implementing, or will, if assistance is made available to it under this title, adopt and implement, a plan for the complete elimination of minority group isolation in all the minority group isolated schools of such agency; or

(C) which has adopted and is implementing, or will, if assistance is made available to it under this Act, adopt and implement a plan

(i) to eliminate or reduce minority group isolation in one or more of the minority group isolated schools of such agency,

(ii) to reduce the total number of minority group children who are in minority group isolated schools of such agency, or

(iii) to prevent minority group isolation reasonably likely to occur (in the absence of assistance under this title) in any school in such district in which school at least 20 per centum, but not more than 50 per centum, of the enroll

ment consists of such children, or (D) which, without having been required to do so, has adopted and is implementing, or will, if assistance is made available to it under this title, adopt and implement a plan to enroll and educate in the schools of such agency children who should not otherwise be eligible for enrollment because of nonresidence in the school district of such agency, where such enrollment would make a significant contribution toward reducing minority group isolation in one or more of the school districts; or (E) which is developing a plan of desegregation

(i) issued by a court of the United States or a court of any State, or any other State agency or official of competent jurisdiction, or

(ii) undertaken by such agency voluntarily, and which plan will require the desegregation of minority group segregated children or faculty in the elementary and secondary schools of such agency, or otherwise will require the elimination or reduction of minority group isolation in such schools, or which has been approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 for the desegregation of minority group segregated children or faculty in such schools,

and the period for such planning does not exceed two years. Grants under clause (E) shall be from funds appropriated to carry out the purposes of section 608, and not more than one grant for the development of a plan under clause (E) of this paragraph may be made to any local educational agency. Receipt of a grant or contract under clause (E) of this paragraph shall not be used as an absolute defense in any court of the United States or a court of any State, or before any other State agency or official of competent jurisdiction.

(2)(A) The Assistant Secretary is authorized, in accordance with special eligibility criteria established by regulation for the purposes of this paragraph, to make grants to, and contracts with, local educational agencies for the purposes of section 609(a)(1).

(B) A local educational agency shall be eligible for assistance under this paragraph only if

(i) such agency is located within, or adjacent to, a Standard Metropolitan Statistical Area;

(ii) the schools of such agency are not attended by minority group children in a significant number or proportion; and

(iii) such local educational agency has made joint arrangements with a local educational agency, located within that Standard Metropolitan Statistical Area, and the schools of which are attended by minority group children in a significant proportion, for the establishment or maintenance of one or more integrated schools as provided in section 617(3). (b) No local educational agency making application under this section shall be eligible to receive a grant or contract in an amount in excess of the amount determined by the Assistant Secretary, in accordance with regulations setting forth criteria established for such purpose, to be the additional cost to the applicant arising out of activities normally carried out by the local educational agency.

(c)(1) Except as provided in paragraph (2), no educational agency shall be eligible for assistance under this title if it has, after June 23, 1972

(A) transferred (directly or indirectly by gift, lease, loan, sale, or other means) real or personal property to, or made any services available to, any transferee which it knew or reasonably should have known to be a nonpublic school or school system (or any organization controlling, or intending to establish, such a school or school system) without prior determination that such nonpublic school or school system (i) is not operated on a racially segregated basis as an alternative for children seeking to avoid attendance in desegregated public schools, and (ii) does not otherwise practice, or permit to be practiced, discrimination on the basis of race, color, or national origin in the operation of any school activity;

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