Indochina Refugee Children Assistance Act of 1976 (Public Law 94-405) AN ACT To provide Federal assistance to States in order to assist local educational agencies to provide education to Vietnamese and Cambodian refugee children, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Indochina Refugee Children Assistance Act of 1976". (20 U.S.C. 1211b note) Enacted September 10, 1976, 90 Stat. 1225. TITLE I—PROGRAM FOR THE 1976 FISCAL YEAR APPLICABILITY; DEFINITIONS SEC. 101. (a) The provisions of this title shall be applicable for fiscal year 1976. (b) As used in this title (1) The term "Commissioner" means the Commissioner of Education. (2) The term "elementary school" means a day or residential school which provides elementary education, as determined under State law. (3) The term "free public education" means education which is provided at public expense under public supervision and direction, and without tuition charge, and which is provided as elementary or secondary school education in the applicable State. (4) The term "Indochinese refugee children" means children who are refugees within the meaning of that term as defined in section 3 of the Indochina Migration and Refugee Assistance Act of 1975. (5) The term "average per pupil expenditure" for a State means the aggregate current expenditures during the second fiscal year preceding the fiscal year for which the determination is made (or if satisfactory data for that year are not available at the time of computation, then during the most recent preceding fiscal year for which satisfactory data are available) of all local educational agencies in the State, plus any direct current expenditures by the State for the operation of such agencies (without regard to the source of funds from which either of such expenditures is made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year. (6) The term "current expenditures" means all expenditures for free public education, except for (A) expenditures attributable to fixed charges, including payments of principal and interest on short-term and long-term debt, and payments for retirement benefits, for insurance and judgments, for rental of land and buildings, and for construction costs, (B) expenditures attributable to administration, and (C) expenditures attributable to transportation or building maintenance. (7) 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, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, 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. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school. (8) The term "secondary school" means a day or residential school which provides secondary education, as determined under State law. (9) The term "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (10) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or if there is no such officer or agency, an officer or agency designated by the Governor or by State law. (11) The term "elementary or secondary nonpublic schools" means schools which comply with the compulsory education laws of the State and which are exempt from taxation under section 501(c)(3) of the Internal Revenue Code. (20 U.S.C. 1211b note) Enacted September 10, 1976, P.L. 94-405, sec. 101, 90 Stat. 1225, 1226. STATE ENTITLEMENTS SEC. 102. (a) The Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for the fiscal year 1976 for the purposes set forth in section 103. (b (1) Subject to the provisions of paragraphs (2) and (3), each State educational agency shall be entitled to receive, for the fiscal year ending June 30, 1976, an amount which, in addition to any amounts received by such agency and the local educational agencies of such State in that fiscal year under the Indochina Migration and Refugee Assistance Act of 1975, equals the additional expenditures, as determined under section 103, incurred by such State and local education agencies in that fiscal year in providing additional basic educational services and necessary supplementary educational s rvices for Indochinese refugee children. (2) For the fiscal year ending June 30, 1976, no State educational agency shall be entitled to receive an amount under this title, which, when combined with any funds received by such agency and the local educational agencies of such State in such fiscal year under the Indochina Migration and Refugee Assistance Act of 1975, exceeds an amount equal to the average per pupil expenditure in such State for such fiscal year multiplied by the number of Indochinese refugee children in such State receiving public educational services. (3) For the purpose of this subsection, the term "State" does not include An erican Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (c)(1) The jurisdictions to which this subsection applies are American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (2) Each jurisdiction to which this subsection applies shall be entitled to a grant for the purposes set forth in section 103 in an amount equal to an amount determined by the Commissioner in accordance with criteria established by him, except that the aggregate of the amount to which such jurisdictions are so entitled for any fiscal year shall not exceed an amount equal to 1 per centum of the aggregate of the amounts to which all States are entitled under subsection (b) of this section for that fiscal year. If the aggregate of the amounts, determined by the Commissioner pursuant to the preceding sentence, to be so needed for any fiscal year exceeds an amount equal to such 1 per centum limitation, the entitlement of each such jurisdiction shall be reduced proportionately until such aggregate does not exceed such 1 per centum limitation. (d) Determinations with respect to the number of Indochinese refugee children by the Commissioner under this section for any fiscal year shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate, because of an underestimate, to deprive any State educational agency of its entitlement to any payment (or the amount thereof), under this section to which such agency would be entitled had such determination been made on the basis of accurate data. (20 U.S.C. 1211b note) Enacted September 10, 1976, P.L. 94-405, sec. 102, 90 Stat. 1226, 1227. USES OF FUNDS SEC. 103. (a) Financial assistance to State and local educational agencies under this title shall be available only to meet the cost of providing Indochinese refugee children (1) supplementary educational services necessary to enable those children to achieve a satisfactory level of performance including, but not limited to (A) English language instruction, (B) other bilingual educational services, and (2) additional basic instructional services which are directly attributable to the presence in the school district of Indochinese refugee children, including the cost of providing additional classroom teachers and additional teaching materials and supplies, but not including overhead costs, costs of construction, acquisition or rental of space, or costs of transportation; and (3) special inservice training for personnel who will be providing instruction described in either paragraph (1) or (2). (b) The Commissioner shall by regulation prescribe standards for the determination of the actual additional expenditures incurred by State and local educational agencies in providing educational services for Indochinese refugee children. Such standards may include (1) maximum incremental costs for providing basic educational services in relation to the number of additional children: (2) maximum allowable costs for particular types of supplementary educational services; and (3) to the extent consistent with this section, categories of programs, services, and expenditures for which funds provided under this title may be used. (20 U.S.C. 1211b note) Enacted September 10, 1976, P.L. 94-405, sec. 103, 90 Stat. 1227. ALLOCATION OF APPROPRIATIONS SEC. 104. (a) If the sums appropriated for the fiscal year 1976 for making the payments provided for in this title are not sufficient to pay in full the total amounts which State educational agencies are entitled to receive under this title for such year, the allocations to such State educational agencies shall be ratably reduced to the extent necessary to bring the aggregate of such allocations within the limits of the amount so appropriated. (b) In the event that funds become available for making payments under this title for such fiscal year after allocations have been made under subsection (a) for that year, the amounts reduced under subsection (a) shall be increased on the same basis as they were reduced. (20 U.S.C. 1211b note) Enacted September 10, 1976, sec. 104, 90 Stat. 1227, 1228. APPLICATIONS SEC. 105. (a) No State educational agency shall be entitled to any payment under this title for any fiscal year unless that agency submits an application to the Commissioner at such time, in such manner, and containing or accompanied by such information, as the Commissioner may reasonably require. Each such application shall (1) provide that the educational programs, services, and activities for which payments under this title are made will be administered by or under the supervision of the agency; (2) provide that payments under this title will be used for purposes set forth in section 103; (3) provide such data and assurances as the Commissioner may prescribe (A) to demonstrate that the costs of the additional instructional services for which the payment will be made are the direct result of the presence of Indochinese refugee children and that those additional instructional services will actually be provided to those children for the duration of the period for which assistance is made available under this title; and (B) to demonstrate that such payments are distributed between the State educational agency and the local educational agencies within the State in proportion to the contribution to such costs by each such agency; (4) provide assurances that the State educational agency will not finally disapprove in whole or in part any application for funds received under this title without first affording the local educational agency submitting an application for such funds reasonable notice and opportunity for a hearing; (5) provide for making such reports as the Commissioner may reasonably require to perform his functions under this title; and (6) provide assurances (i) that to the extent consistent with the number of Indochinese refugee children enrolled in the elementary or secondary nonpublic schools within the district served by a local educational agency, such agency, after consultation with appropriate officials of such schools, shall provide for the benefit of these children secular, neutral, and nonideological services, materials, and equipment necessary for the education of such children; (ii) that the control of funds provided under this paragraph and title to materials, equipment, and property repaired, remodeled, or constructed therewith shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer such funds and property; and (iii) that the provision of services pursuant to this paragraph shall be provided by employees of a public agency or through contract by such public agency with a person, association, agency, or corporation who or which, in the provision of such services, is independent of such elementary or secondary nonpublic school and of any religious organization; and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this paragraph shall not be commingled with State or local funds. (b) The Commissioner shall approve an application which meets the requirements of subsection (a). The Commissioner shall not finally disapprove an application of a State educational agency except after reasonable notice and opportunity for a hearing on the record to such agency. (20 U.S.C. 1211b note) Enacted September 10, 1976, P.L. 94-405, sec. 105, 90 Stat. 1228, 1229. PAYMENT SEC. 106. (a) The Commissioner shall pay to each State educational agency having an application approved under section 105 the amount which that State is entitled to receive under section 102. (b) The Commissioner is authorized to pay to each State educational agency amounts equal to the amounts expended by it for the proper and efficient administration of its functions under this title, except that the total of such payments for any fiscal year shall not exceed 1 per centum of the amounts to which that State educational agency is entitled to receive for that year under this title. (c) If a State is prohibited by law from providing public educational services for children enrolled in elementary and secondary nonpublic schools, as required by section 105(a)(6), the Commissioner may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this title. (20 U.S.C. 1211b note) Enacted September 10, 1976, P.L. 94-405, sec. 106, 90 Stat. |