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(B) had in effect any practice, policy, or procedure which re sults in the disproportionate demotion or dismissal of instructional or other personnel from minority groups in conjunction with desegregation or the implementation of any plan or the conduct of any activity described in this section, or otherwise engaged in discrimination based upon race, color, or national origin in the hiring, promotion, or assignment of employees of the agency (or other personnel for whom the agency has any administrative responsibility);
(C) in conjunction with desegregation or the conduct of an activity described in this section, had in effect any procedure for the assignment of children to or within classes which results in the separation of minority group from nonminority group children for a substantial portion of the school day, except that this clause does not prohibit the use of bona fide ability grouping by a local educational agency as a standard pedagogical practice; or
(D) had in effect any other practice, policy, or procedure, such as limiting curricular of extracurricular activities (or participation therein by children) in order to avoid the participation of minority group children in such activities, which discriminates among children on the basis of race, color, or na
tional origin. except that, in the case of any local educational agency which is ineligible for assistance by reason of clause (A), (B), (C), or (D), such agency may make application for a waiver of ineligibility, which application shall specify the reason for its ineligibility contain such information and assurances as the Secretary shall require by regulation in order to insure that any practice, policy, or procedure, or other activity resulting in the ineligibility has ceased to exist or occur and include such provisions as are necessary to insure that such activities do not reoccur after the submission of the application.
(2) Whenever a local educational agency applies for assistance under clause (E) of section 606(a)(1), the provisions of clauses (C) and (D) of paragraph (1) of this subsection shall not apply if the local educational agency provides assurances in the application for assistance that the development of the plan for which assistance is sought will address the conditions described in such clauses (C) and (D).
(3)(A) Applications for waivers under paragraph (1) may be approved only by the Secretary. The Secretary's functions under this paragraph shall, nou withstanding any other provision of law, not be delegated.
(B) Application for waiver shall be granted by the Secretary upon determination that any practice, policy, procedure or other activity resulting in ineligibility has ceased to exist, and that the applicant has given satisfactory assurance that the activities prohibited in this subsection will not reoccur.
(4) No application for assistance under this title shall be approved prior to a determination by the Secretary that the applicant is not ineligible by reason of this subsection.
(5) All determinations pursuant to this subsection shall be carried out in accordance with criteria and investigative procedures
established by regulations of the Secretary for the purpose of compliance with this subsection.
(6) All determinations and waivers pursuant to this subsection shall be in writing.
(7) The Assistant Secretary shall prepare and include in the annual report required by section 422(a)(4) of the General Education Provisions Act a list of all the waivers granted under this subsection for the preceding fiscal year.
(20 U.S.C. 3196) Enacted June 23, 1972, P.L. 92-318, sec. 706, 86 Stat. 356-358; amended Aug. 21, 1974, P.L. 93-380, sec. 643(a) and (b), 88 Stat. 587; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2254-2257 (effective Oct. 1, 1978).
SEC. 607. (a) The Assistant Secretary shall make sums appropriated under section 604(a) for any fiscal year available for programs and projects designed to meet educational needs that arise from the development of or the implementation of a plan described in section 606(a). Those programs and projects may include, but are not limited to
(1) the training of school staff and local educational agency staff in the handling of problems incident to the implementation of a qualifying plan;
(2) the provision of additional staff members (including teacher aides) to assist in meeting educational needs that arise from the implementation of the plan;
(3) the development or acquisition of new curricula, methods, practices, techniques, or materials to support a program of instruction, for children from all racial, ethnic, and economic backgrounds, including instruction in the language and cultural heritage of minority groups;
(4) innovative educational activities, including extracurricular activities, which involve the joint participation of minority group children and other children;
(5) community relations activities, including public information efforts, in support of the implementation of a qualifying plan;
(6) planning, evaluation, dissemination, and other administrative activities directly related and necessary to other activities in the program or project;
(7) repair or minor remodeling or alteration of existing school facilities (including the acquisition, installation, modernization, or replacement of instructional equipment) and the lease or purchase of mobile classroom units or other mobile education facilities, where necessary to carry out other activities in the program or project;
(8) the provision of compensatory services to children who have received such services under title I but who are no longer eligible to receive those services as a result of attendance area changes under a qualifying plan;
(9) activities to prevent or eliminate recurring or continuing problems resulting from the implementation of a qualifying plan;
(10) planning to implement or carry out a plan of desegregation 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 isolation in such schools or which has been approved by the Secretary as adequate under title VI of the Civil Rights Act of 1964 for the desegregation of minority group segregated children or faculty in such schools; and
(11) in the case of an applicant implementing a court-ordered desegregation plan under section 606(a)(1)(A)(i), the conduct of educational activities in one or more minority group isolated schools which are not affected by the reassignment of children or faculty under the plan, where the activities have been required by the court to remedy the effects of illegal segregation. (b) In recruiting and hiring teacher aides to assist in carrying out a program or projects under this section the local educational agency shall give preference to parents of children affected by the implementation of a qualifying plan.
(20 U.S.C. 3197) Enacted June 23, 1972, P.L. 92–318, sec. 707, 86 Stat. 359, 360; amended Oct. 12, 1976, P.L. 94-482, sec. 321(c)(2), 90 Stat. 2217; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2257, 2258 (effective Oct. 1, 1978).
SPECIAL PROGRAMS AND PROJECTS
SEC. 608. (a) From the amount appropriated for any fiscal year under section 604(b), the Assistant Secretary is authorized to make grants to, and contracts with, State and local educational agencies, and other public and private nonprofit agencies and organizations (or a combination of such agencies and organizations) for the purpose of carrying out activities which the Assistant Secretary determines will make substantial progress toward achieving the purposes of this title, including, but not limited to,
(1) the planning for, design of, and conduct of programs in magnet schools;
(2) the pairing of schools and programs with institutions of higher education and with businesses;
(3) the development of plans for neutral site schools;
(4) activities designed to meet the needs of minority group children of limited English language proficiency enrolled in the schools of a local educational agency eligible for assistance
(5) the development and production of integrated children's television and radio programs of cognitive and affective educa
tional value, as described in section 611. (b) From the amount appropriated for any fiscal year under section 604(b)(3), the Assistant Secretary, in cases in which it would effectively carry out the purpose of this title stated in section 602(b), may assist by grant or contract any public or private nonprofit agency, institution, or organization (other than a local educational agency) in any State to carry out programs or projects de signed to support the development or implementation of a plan described in section 606(a).
(c)(1) From the amount available for the purposes of this section for each fiscal year, the Assistant Secretary shall carry out a pro
gram of making grants to State educational agencies, or other State agencies involved in or responsible for the desegregation of public elementary and secondary schools, to pay a portion of the cost of State activities related to
(A) planning (i) for the implementation of voluntary plans to eliminate or reduce minority group isolation in those schools, and (ii) to assess future needs, and to develop further strategies to meet those needs;
(B) providing technical assistance to encourage local educational agencies or groups of those agencies to develop or implement voluntary plans to eliminate or reduce minority group isolation in those schools; and
(C) providing training for educational personnel involved in developing or carrying out a voluntary plan to eliminate or reduce minority group isolation in those schools. (2) The amount of assistance made available to a State under this subsection for any fiscal year shall be twice the amount of State funds expended in the preceding fiscal year for the activities listed in paragraph (1). The amount provided to a State under this section for any fiscal year shall not exceed
(A) 10 per centum of the amount apportioned to the State for that fiscal year under section 605, or
(B) $500,000, whichever is greater.
(3) No grant may be made to a State under this subsection unless the application for that grant has been developed in consultation with teachers, educators, parents (including parents of minority group children), and representatives of the general public (including representatives of minority groups), of whom the proportion of minority group individuals shall be approximately the same as the proportion of minority group children enrolled in the elementary and secondary schools in the State.
(20 U.S.C. 3198) Enacted June 23, 1972, P.L. 92–318, sec. 708, 86 Stat. 360, 361; amended Aug. 21, 1974, P.L. 93-380, sec. 644, 88 Stat. 588; redesignated and amended Nov. 1, 1978, P.L. 95–561, sec. 601(a), 92 Stat. 2258, 2259 (effective Oct. 1, 1978).
METROPOLITAN AREA PROJECTS
SEC. 609. (a) Sums available to the Assistant Secretary under section 608 for metropolitan area projects shall be available for the following purposes:
(1) A program of grants to, and contracts with local educational agencies which are eligible under section 606(a)(2) in order to assist them in establishing and maintaining integrated schools as defined in section 617(3).
(2) A program of grants to groups of local educational agencies located in a Standard Metropolitan Statistical Area for the joint development of a plan to reduce and eliminate minority group isolation, to the maximum extent possible, in the public elementary and secondary schools in the Standard Metropolitan Statistical Area, which shall, as a minimum, provide that by a date certain, but in no event later than July 1, 1983, the percentage of minority group children enrolled in each school in the Standard Metropolitan Statistical Area shall be at least 50 per centum of the percentage of minority group children enrolled in all the schools in the Standard Metropolitan Statistical Area. No grant may be made under this paragraph unless
(A) two-thirds or more of the local educational agencies in the Standard Metropolitan Statistical Area have approved the application, and
(B) the number of students in the schools of the local educational agencies which have approved the application constitutes two-thirds or more of the number of students in the schools of all the local educational agencies in the
Standard Metropolitan Statistical Area. (b) In making grants and contracts under this section, the Assistant Secretary shall insure that at least one grant shall be for the purposes of paragraph (2) of subsection (a).
(20 U.S.C. 3199) Enacted June 23, 1972, P.L. 92–318, sec. 709, 86 Stat. 361, 362; amended Aug. 21, 1974, P.L. 93-380, secs. 222, 642(b), 88 Stat. 519, 587; amended Oct. 12, 1976, P.L. 94-482, sec. 501(i), 90 Stat. 2237; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2259, 2260 (effective Oct. 1, 1978).
Sec. 610. (a) Any local educational agency desiring to receive assistance under this title shall submit to the Assistant Secretary, at such time, in such form, and containing only such information as the Secretary and the Assistant Secretary deem necessary to carry out their functions under this title, an application describing the activities to be carried out under the application during the period, not to exceed five academic years, for which assistance is being sought. That application, together with all correspondence and other written materials relating thereto, shall be made readily available to the public by the applicant and by the Assistant Secretary. The Assistant Secretary may approve an application only upon a determination that such application
(1) has been developed
(A) in open consultation with parents, teachers and, where applicable, secondary school students, including at least one public hearing at which such persons have had a full opportunity to understand the program for which assistance is being sought and to offer recommendations thereupon, and
(B) with the participation of a committee composed of parents of children enrolled in the applicant's schools, teachers and, where applicable, secondary school students, of which at least half the members shall be such parents
and at least half shall be persons from minority groups; (2) sets forth such policies and procedures as will insure that the program for which assistance is sought will be operated in consultation with, and with the involvement of, parents of the children and representatives of the area to be served, including the committee established for the purposes of clause (1)(B);
(3) sets forth such policies and procedures, and contains such information, as will insure that funds paid to the applicant under the application will be used solely to pay the additional cost to the applicant in carrying out the programs described in the application;