under this title (including where possible payments made directly under section 809).

(b) The Commissioner shall approve a State plan which meets the requirements of subsection (a), and he shall not finally disapprove a State plan except after reasonable notice and opportunity for a hearing to the State educational agency.

(20 U.S.C. 3288) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2287-2289 (effective Oct. 1, 1978).

GRANTS TO LOCAL EDUCATIONAL AGENCIES

SEC. 809. (a) The Commissioner is authorized to make grants to local educational agencies for the Federal share of the cost of planning, establishing, expanding, and operating community education programs including any use described in section 807, whenever the Commissioner determines, pursuant to an application filed under paragraph (2), that the community education program for which application is made under subsection (b) holds reasonable promise of success and is in substantial compliance with the requirements of section 808 (a)(4), (5), (6), and (7).

(b)(1) No grant may be made under this section unless an application is made to the Commissioner at such time, in such manner, and containing or accompanied by such information, as the Commissioner may reasonably require.

(2) No grant may be made to a local education agency to plan, direct, or operate any program or activity that is being conducted by another public agency unless the Commissioner determines that there is collaboration between the local education agency and the public agency conducting such program or activity.

(c) There are authorized to be appropriated $20,000,000 for fiscal year 1979, $25,000,000 for fiscal year 1980, $30,000,000 for fiscal year 1981, $25,000,000 for fiscal year 1982, and $20,000,000 for fiscal year 1983 to carry out the provisions of this section.

(20 U.S.C. 3289) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2289 (effective Oct. 1, 1978).

GRANTS TO PUBLIC AGENCIES AND NONPROFIT ORGANIZATIONS FOR DELIVERY OF COMMUNITY SERVICES THROUGH COMMUNITY EDUCATION

SEC. 810. (a) The Commissioner is authorized to make grants to and contracts with public agencies and nonprofit private organizations to encourage the use of school facilities and other facilities eligible to receive assistance under this title for the efficient and coordinated delivery of community services set forth in sections 806(b) and 807. Each such application shall contain provisions to assure that the public agency or nonprofit private organization making application has entered or will enter into contractual arrangements or other suitable forms of agreement with the local educational agency concerned.

(b) No grant may be made under the provisions of this section unless an application is made to the Commissioner at such time, in such manner and containing or accompanied by such information, as the Commissioner may reasonably require.

(c) There are authorized to be appropriated $5,000,000 for fiscal year 1979, $7,000,000 for fiscal year 1980, $10,000,000 for fiscal year

1981, $7,000,000 for fiscal year 1982, and $5,000,000 for fiscal year 1983 to carry out the provisions of this section.

(20 U.S.C. 3290) Enacted Nov. 1, 1978, P.L. 95-531, sec. 801, 92 Stat. 2289 (effective Oct. 1, 1978); amended Aug. 6, 1979, P.L. 96-46, sec. 1(19), 93 Stat. 339.

NATIONAL LEADERSHIP AND PLANNING

SEC. 811. (a) The Assistant Secretary shall undertake certain national leadership and planning activities in order to assist the purposes of this title. Such activities include but are not limited to national leadership, including publications, convening of national conferences, and other dissemination activities to provide information of successful community education programs and activities.

(b) There are authorized to be appropriated for fiscal year 1979 and for each fiscal year ending prior to October 1, 1983, $5,000,000 to carry out the provisions of this section.

(20 U.S.C. 3291) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2289, 2290 (effective Oct. 1, 1978).

TRAINING OF COMMUNITY EDUCATION PERSONNEL

SEC. 812. (a) The Commissioner is authorized to make grants to institutions of higher education for the purpose of providing fulltime and part-time training for personnel who are engaged in or who intend to engage in community education programs.

(b)(1) No grant may be made under the provisions of this section unless an application is made at such time, in such manner, and containing or accompanied by such information as the Commissioner may reasonably require.

(2) No grant may be entered into under the provisions of this section unless provision is made in the application for the institution of higher education to consult with appropriate State and local educational agencies.

(c) There are authorized to be appropriated $5,000,000 for fiscal year 1979, $10,000,000 for fiscal year 1980, $15,000,000 for fiscal year 1981, $10,000,000 for fiscal year 1982, and $5,000,000 for fiscal year 1983 to carry out the provisions of this section.

(20 U.S.C. 3292) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2290 (effective Oct. 1, 1978).

RESEARCH

SEC. 813. (a) In conjunction with the planning activities required of the Assistant Secretary for Education under section 811 of this title, the Director of the National Institute of Education shall carry out a program of research on community education programs, from sums available under subsection (b) of this section. Such research shall include an analysis of program impact with respect to individuals and communities, the importance of parental involvement, school vandalism and violence, and the effect of non-Federal funds contributed under provisions of section 815 of this title.

(b) There are authorized to be appropriated $1,000,000 for fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1983, to carry out the provisions of this section.

(20 U.S.C. 3293) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2290 (effective Oct. 1, 1978).

ADMINISTRATION

SEC. 814. (a) The Commissioner shall establish or designate a clearinghouse to gather and disseminate information received from community education programs, including but not limited to, information regarding new programs, methods to encourage community participation, methods of formulating and conducting needs assessments, and the ways of coordinating community education programs with other community services, with particular emphasis upon the coordination of delivery of community services described in section 806(b). THe Commissioner is authorized to contract with public agencies or private organization to establish and operate the clearinghouse.

(b)(1) There is established, subject to part D of the General Education Provisions Act, in the Office of the Commissioner, a Community Education Advisory Council (referred to in this section as the "Advisory Council") to be composed of eleven members. The members of the Advisory Council shall be appointed by the Secretary, without regard to political affiliation.

(2) A substantial number of the members of the Advisory Council shall be individuals experienced in the operation of community education programs and the training of such individuals. The Council shall include participants and consumers of community education programs.

(3) Appointments to the Advisory Council shall be completed within three months after enactment of this title. Individuals serving in any predecessor Community Education Advisory Council may be appointed under this subsection.

(4) The Commissioner shall make available to the Advisory Council such staff, information, and other assistance as it may require to carry out its activities.

(5) The Advisory Council shall advise the Commissioner on policy matters relating to the interests of community schools and the community education program authorized by this title.

(6) The Advisory Council shall advise the National Insititue of Education with respect to the research concerning community education programs, and shall advise the Office of Education with respect to the evaluation of such programs. The Council shall present to Congress a complete and thorough assessment of the programs and operation of this section for each fiscal year.

(7) No member of the Council shall evaluate any community education program if such member is associated with that program as a consultant, technical advisor, or in any other similar capacity.

(c) The program authorized by this part shall be under the authority of the Executive Deputy Commissioner for Educational Programs.

(d)(1) There are authorized to be appropriated for fiscal year 1979 and for each fiscal year ending prior to October 1, 1983, $500,000 to carry out the provisions of subsection (a) of this section.

(2) There are authorized to be appropriated for fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1983, $500,000 to carry out the provisions of subsection (b) of this section.

(3) There are authorized to be appropriated for fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1983,

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such sums, but not to exceed $1,000,000 in any fiscal year, as are necessary to provide for the administration of this title.

(20 U.S.C. 3294) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2290, 2291 (effective Oct. 1, 1978).

FEDERAL SHARE

SEC. 815. (a) The Federal share of the cost of the State plan approved under section 807 shall be 80 per centum for fiscal year 1979, 70 per centum for fiscal yar 1980, 50 per centum for fiscal year 1981, 30 per centum for fiscal year 1982, and 20 per centum for the fiscal year 1983.

(b) The Federal share of the cost of applications of local educational agencies approved under section 808 shall be 90 per centum for fiscal years 1979 and 1980, 80 per centum for the fiscal year 1981 and each of the two succeeding fiscal years.

(c) The Federal share of the cost of grants to nonprofit organizations under section 809 shall be 90 per centum for fiscal years 1979 and 1980, and 80 per centum for the fiscal year 1981 and for each of the two succeeding fiscal years.

(20 U.S.C. 3295) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2291 (effective Oct. 1, 1978).

TITLE IX-ADDITIONAL PROGRAMS1

PART A-GIFTED AND TALENTED CHILDREN

SHORT TITLE; PURPOSE

SEC. 901. (a) This part may be cited as the "Gifted and Talented Children's Education Act of 1978".

(b) The Congress hereby finds and declares that—

(1) the Nation's greatest resource for solving critical national problems in areas of national concern is its gifted and talented children,

(2) unless the special abilities of gifted and talented children are developed during their elementary and secondary school years, their special potentials for assisting the Nation may be lost, and

(3) gifted and talented children from economically disadvantaged families and areas often are not afforded the opportunity to fulfill their special and valuable potentials, due to inadequate or inappropriate educational services.

(c) It is the purpose of this part to provide financial assistance to State and local educational agencies, institutions of higher education, and other public and private agencies and organizations, to assist such agencies, institutions and organizations to plan, develop, operate, and improve programs designed to meet the special educational needs of gifted and talented children.

(20 U.S.C. 3311) Enacted Nov. 1, 1978, P.L. 95-561, sec. 802, 92 Stat. 2292 (effective Oct. 1, 1978).

1 A new title IX was added by the Education Amendments of 1978 (P.L. 95-561, sec. 802). For its_relationship to prior law, see sections 404 and 408 of the Education Amendments of 1974 (P.L. 93-380) and sections 901-907 of the Elementary and Secondary Education Act of 1965 (P.L. 89-10), as amended prior to P.L. 95-561.

DEFINITION

SEC. 902. For the purposes of this part, the term "gifted and talented children" means children and, whenever applicable, youth, who are identified at the preschool, elementary, or secondary level as possessing demonstrated or potential abilities that give evidence of high performance capability in areas such as intellectual, creative, specific academic, or leadership ability, or in the performing and visual arts, and who by reason thereof, require services or activities not ordinarily provided by the school.

(20 U.S.C. 3312) Enacted Nov. 1, 1978, P.L. 95-561, sec. 802, 92 Stat. 2292 (effective Oct. 1, 1978).

AUTHORIZATION OF APPROPRIATIONS; APPORTIONMENT OF

APPROPRIATIONS

SEC. 903. (a) For the purpose of carrying out this part there are authorized to be appropriated $25,000,000 for fiscal year 1979, $30,000,000 for fiscal year 1980, $35,000,000 for fiscal year 1981, $40,000,000 for fiscal year 1982, and $50,000,000 for fiscal year 1983.

(b)(1) From the amounts appropriated under subsection (a) for each fiscal year, the Commissioner shall reserve 25 per centum or $5,000,000, whichever is less, for carrying out the provisions of section 905, relating to discretionary programs.

(2) The remainder of the sums appropriated under subsection (a) for each fiscal year shall be available to carry out the provisions of section 904, relating to State programs.

(20 U.S.C. 3313) Enacted Aug. 21, 1974, P.L. 93-380, sec. 404(h), 88 Stat. 549; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 802, 92 Stat. 2292 (effective Oct. 1, 1978).

STATE PROGRAMS

SEC. 904. (a) From the amounts available in any fiscal year under section 903(b)(2), the Commissioner shall make grants to State educational agencies for the Federal share of the cost of planning, developing, operating, and improving programs designed to meet the educational needs of gifted and talented children at the preschool, elementary, and secondary levels. Such programs may include inservice training of personnel to teach such children.

(b)(1) Except as provided in paragraph (2), to the extent funds are available in any fiscal year to carry out the provisions of this section, the Commissioner shall distribute funds so as to assure that each State educational agency which submits an application which fully meets all requirements of this section and is approved by the Commissioner will receive not less than $50,000 in that fiscal year. If sums appropriated for any fiscal year for making payments under this subsection are not sufficient to pay in full the amount to which each State educational agency is entitled under the previous sentence, such amounts shall be ratably reduced.

(2) In any fiscal year in which appropriations under this part equal or exceed $15,000,000, the Commissioner shall allot the amount so appropriated in accordance with the provisions of section 906.

(c) Each State educational agency desiring to receive a grant under this section shall submit an application at such time, in such