the authority for this purpose of recovering from such agency any funds paid to it under such grant.

(d) After making a grant or contract under this title, the Assistant Secretary shall notify the appropriate State educational agency of the name of the approved applicant and of the amount approved.

(20 U.S.C. 3202) Enacted June 23, 1972, P.L. 92-318, sec. 712, 86 Stat. 366, 367; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2264, 2265 (effective Oct. 1, 1978).

EVALUATIONS

SEC. 613. From the amount appropriated under section 604(b) for any fiscal year, the Assistant Secretary is authorized to reserve for the purpose of this section not to exceed 1 per centum of the amount appropriated under this title for that fiscal year. From such reservation, the Assistant Secretary is authorized to make grants to, and contracts with, State educational agencies, institutions of higher education and private organizations, institutions, and agencies, including committees established pursuant to section 610(a)(1) for the purpose of evaluating specific programs and projects assisted under this title.

(20 U.S.C. 3203) Enacted June 23, 1972, P.L. 92-318, sec. 713, 86 Stat. 367; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2265 (effective Oct. 1, 1978).

JOINT FUNDING

SEC. 614. Pursuant to regulations prescribed by the President, where funds are advanced under this title, and by one or more other Federal agencies for any project or activity, funded in whole or in part under this title, any one of such Federal agencies may be designated to act for all in administering the funds advanced. In such cases any such agency may waive any technical grant or contract requirement (as defined by regulations) which is inconsistent with the similar requirements of the administering agency or which the administering agency does not impose. Nothing in this section shall be construed to authorize (1) the use of any funds appropriated under this title for any purpose not authorized herein, (2) a variance of any reservation or apportionment under section 604 or 605, or (3) waiver of any requirement set forth in sections 606 through 611.

(20 U.S.C. 3204) Enacted June 23, 1972, P.L. 92-318, sec. 715, 86 Stat. 368; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2266 (effective Oct. 1, 1978).

ATTORNEY FEES

SEC. 615. Upon the entry of a final order by a court of the United States against a local educational agency, a State (or any agency thereof), or the United States (or any agency thereof), for failure to comply with any provision of this title or for discrimination on the basis of race, color, or national origin in violation of title VI of the Civil Rights Act of 1964, or the fourteenth amendment to the Constitution of the United States as they pertain to elementary and secondary education, the court, in its discretion, upon a finding hat the proceedings were necessary to bring about compliance,

may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs.

(20 U.S.C. 3205) Enacted June 23, 1972, P.L. 92-318, sec. 718, 86 Stat. 369; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2266 (effective Oct. 1, 1978).

NEIGHBORHOOD SCHOOLS

SEC. 616. Nothing in this title shall be construed as requiring any local educational agency which assigns students to schools on the basis of geographic attendance areas drawn on a racially nondiscriminatory basis to adopt any other method of student assignment.

(20 U.S.C. 3206) Enacted June 23, 1972, P.L. 92-318, sec. 719, 86 Stat. 369; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2266 (effective Oct. 1, 1978).

DEFINITIONS

SEC. 617. Except as otherwise specified, the following definition shall apply to the terms used in this title:

(1) The term "equipment" includes machinery, utilities and builtin equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the provision of educational services, such as instructional equipment and necessary furniture, printed, published, and audiovisual instructional materials, and other related material.

(2) The term "institution of higher education" means an educational institution in any State which

(A) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate;

(B) is legally authorized within such State to provide a program of education beyond high school;

(C) provides an educational program for which it awards a bachelor's degree; or provided not less than a two-year program which is acceptable for full credit toward such a degree, or offers a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge; (D) is a public or other nonprofit institution; and

(E) is accredited by a nationally recognized accrediting agency or association listed by the Assistant Secretary for the purpose of this paragraph.

(3) For the purpose of section 606(a)(2) and section 609(a)(1), the term "integrated school" means a school with an enrollment in which a substantial proportion of the children is from educationally advantaged backgrounds, in which the proportion of minority group children is at least 50 per centum of the proportion of minority group children enrolled in all schools of the local educational agencies within the Standard Metropolitan Statistical Area, and which has a faculty and administrative staff with a substantial representation of minority group persons.

(4) The term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or a federally recognized Indian reservation, or such combination of school districts, or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools, or a combination of local educational agencies; and includes any other public institution or agency having administrative control and direction of a public elementary or secondary school and where responsibility for the control and direction of the activities in such schools which are to be assisted under this title is vested in an agency subordinate to such a board or other authority, the Assistant Secretary may consider such subordinate agency as a local educational agency for the purposes of this title.

(5) The term "magnet school" means a school or education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds.

(6) The term "minority group" refers to (A) persons who are American Indians and Alaskan Natives; Asians and Pacific Islanders: blacks, not of Hispanic origin; Hispanics; Franco-Americans; and Portuguese; and (B) (except for purposes of section 605), as determined by the Assistant Secretary, persons who are from environments in which the dominant language is other than English and who, as a result of language barriers and cultural differences, do not have an equal educational opportunity.

(7) The terms "minority group isolated school" and "minority group isolation" in reference to a school mean a school and condition, respectively, in which minority group children constitute more than 50 per centum of the enrollment of a school.

(8) The term "neutral site school" means a school that is located so as to be accessible to substantial numbers of students of different racial backgrounds.

(9) The term "Standard Metropolitan Statistical Area" means the area in and around a city of fifty thousand inhabitants or more as defined by the Office of Management and Budget.

(10) The term "State" means one of the fifty States or the District of Columbia, and for purposes of sections 608 (a) and (b), Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands shall be deemed to be States.

(20 U.S.C. 3207) Enacted June 23, 1972, P.L. 92-318, sec. 720, 86 Stat. 369-371; amended Aug. 21, 1974, P.L. 93-380, sec. 643(d), 88 Stat. 587; amended Oct. 12, 1976, P.L. 94-482, secs. 321(c)(3) (A), (B), (C), and (D), 90 Stat. 2217; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 601(a), 92 Stat. 2266-2268 (effective Oct. 1, 1978).

TITLE VII-BILINGUAL EDUCATION PROGRAMS1

SHORT TITLE

SEC. 701. This title may be cited as the "Bilingual Education Act."

(20 U.S.C. 3221) Enacted Jan. 2, 1968, P.L. 90-247, title VII, sec. 702, 81 Stat. 815; amended Aug. 21, 1974, P.L. 93-380, sec. 104, 88 Stat. 503.

POLICY; APPROPRIATIONS

SEC. 702. (a) Recognizing—

(1) that there are large numbers of children of limited English proficiency;

(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 proficiency have educational needs which can be met by the use of bilingual educational methods and techniques;

(5) that, in addition, children of limited English proficiency and children whose primary language is English benefit through the fullest utilization of multiple language and cultural resources;

(6) children of limited English proficiency have a high dropout rate and low median years of education; and

(7) research and evaluation capabilities in the field of bilingual education need to be strengthened,

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 certain purposes, in order to enable such local educational agencies 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, with particular attention to children having the greatest need for such programs; and to demonstrate effective ways of providing, for children of limited English proficiency, instruction designed to enable them, while using their native language, to achieve competence in the English language.

(b)(1) For the purpose of carrying out the provisions of this title, there are authorized to be appropriated $200,000,000 for fiscal year 1979; $250,000,000 for fiscal year 1980; $300,000,000 for fiscal year 1981; $350,000,000 for fiscal year 1982; and $400,000,000 for the fiscal year 1983.

(2) There are further authorized to be appropriated to carry out the provisions of section 721(b)(5) $12,000,000 for fiscal year 1979; $14,000,000 for fiscal year 1980; $16,000,000 for fiscal year 1981; and

1 A new title VII was added by the Education Amendments of 1978 (P.L. 95-561, sec. 701). For its relationship to prior law, see title VII of the Elementary and Secondary Education Act of 1965 (P.L. 89-10, as amended prior to P.L. 95-561.

such sums as may be necessary for each of the two succeeding fiscal years.

(3) From the sums appropriated under paragraph (1) for any fiscal year, the Commissioner, shall reserve $16,000,000 of that part thereof that does not exceed $70,000,000 for training activities carried out under section 721(a)(3), and shall reserve for those activities not less than 20 per centum of that part thereof which is in excess of $70,000,000.

(4) The Commissioner shall reserve from the amount not reserved pursuant to paragraph (3) of this subsection such amount as may be necessary, but not in excess of 1 per centum thereof, for the purposes of section 732.

(20 U.S.C. 3222) Enacted Aug. 21, 1974, P.L. 93-380, sec. 105(a)(1), 88 Stat. 503, 504; amended Nov. 1, 1978, P.L. 95-561, sec. 701, 92 Stat. 2268, 2269 (effective Oct. 1, 1978).

DEFINITIONS; REGULATIONS

SEC. 703. (a) The following definitions shall apply to the terms used in this title:

(1) The term "limited English proficiency" when used with reference to individuals means—

(A) individuals who were not born in the United States or whose native language is a language other than English,

(B) individuals who come from environments where a language other than English is dominant, as further defined by the Commissioner by regulation, and

(C) individuals who are American Indian and Alaskan Native students and who come from environments where a language other than English has had a significant impact on their level of English language proficiency, subject to such regulations as the Commissioner determines to be necessary; and, by reason thereof, have sufficient difficulty speaking, reading, writing, or understanding the English language to deny such individuals the opportunity to learn successfully in classrooms where the language of instruction is English.

(2) The term "native language," when used with reference to an individual of limited English proficiency, 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 poverty level determined pursuant to section 111(c)(2) 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 proficiency 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 achieve competence in the English language, the native language of the children of limited English proficiency, and such instruction is given with appreciation for the cultural heritage of such children, and of other children in American society, and, with respect to elementary and secondary school instruction, such instruction