WITHHOLDING

SEC. 107. Whenever the Commissioner, after reasonable notice and opportunity for a hearing to any State educational agency, finds that there is a failure to meet the requirements of this title, the Commissioner shall notify that agency that further payments will not be made to the agency under this title, or in his discretion, that the State educational agency shall not make further payments under this title to specified local educational agencies (whose actions cause or are involved in such failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made to the State educational agency under this title or payments by the State educational agency under this title shall be limited to local educational agencies whose actions did not cause or were not involved in the failure, as the case may be.

(20 U.S.C. 1211b note) Enacted September 10, 1976, P.L. 94-405, sec. 107, 90 Stat. 1229.

AUTHORIZATION OF APPROPRIATIONS

SEC. 108. There are authorized to be appropriated for fiscal year 1976 such sums as may be necessary to make payments to which State educational agencies are entitled under this title and payments for administration under section 106(b).

(20 U.S.C. 1211b note) Enacted September 10, 1976, P.L. 94-405, sec. 107, 90 Stat. 1229.

TITLE II-PROGRAM FOR SUBSEQUENT FISCAL YEARS1

APPLICABILITY; DEFINITIONS

SEC. 201. (a) The provisions of this title shall be applicable for the period beginning July 1, 1976, and ending September 30, 1977, and for the period beginning October 1, 1978, and ending September 30, 1981.

(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 "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, and who are paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Naturalization Act on or after January 1, 1977.

(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, 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

1 Title II heading amended Nov. 1, 1978, P.L. 95-561, sec. 1331, 92 Stat. 2364.

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.

(5) The term "secondary school" means a day or residential school which provides secondary education, as determined under State law.

(6) 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.

(7) 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.

(8) 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. 201, 90 Stat. 1229, 1230, amended Nov. 1, 1978, P.L. 95-561, sec. 1331(a), (b), 92 Stat. 2363; see also Aug. 6, 1979, P.L. 96-46, sec. 2(a)(7), 93 Stat. 340.

STATE ENTITLEMENTS

SEC. 202. (a) The Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for the period of July 1, 1976, through September 30, 1977, and for the period October 1, 1978, through September 30, 1981, for the purpose set forth in section 203.

(b)(1) Except as provided in subsection (d) of this section, the maximum amount of the grant to which a State educational agency is eligible to receive under this title, for the period beginning July 1, 1976, and ending September 30, 1977, and for fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1981, shall be equal to the sum of—

(A) the number of Indochinese refugee children aged 5 to 17, inclusive, receiving public educational services under the supervision of each local educational agency within that State during the period for which the determination is made; multiplied by

(B) an amount not to exceed $450.

(2) For the purpose of this subsection, the term "State" does not include American 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 203 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 period 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 period. If the aggregate of the amounts, determined by the Commissioner pursuant to the preceding sentence, to be so needed for any period 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) Notwithstanding any other provision of this section, no State educational agency shall be entitled to receive a grant for any period in excess of the amount equal to the amount to which such agency would otherwise be entitled under this section for that period minus the sum of the amounts received by the local educational agencies of that State and by that State educational agency for that period under the Indochina Migration and Rufugee Assistance Act of 1975.

(e) Determinations with respect to the number of Indochinese refugee children by the Commissioner under this section for any period 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. 202, 90 Stat. 1230, 1231; amended Nov. 1, 1978, P.L. 95-561, sec. 1331(c), 92 Stat. 2364.

USES OF FUNDS

SEC. 203. Payments made under this title to any State may be used only in accordance with the provisions of section 103.

(20 U.S.C. 1211b note) Enacted September 10, 1976, P.L. 94-405, sec. 203, 90 Stat. 1231; amended Nov. 1, 1978, P.L. 95-561, sec. 1331(d), 92 Stat. 2364.

ALLOCATION OF APPROPRIATIONS

SEC. 204. (a) If the sums appropriated for the period from July 1, 1976, to September 30, 1977, and for the period October 1, 1978, through September 30, 1981, 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 period, 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 amounts so appropriated.

(b) In the event that funds become available for making payments under this title for such period after allocations have been made under subsection (a) for that period, the amounts reduced under subsection (a) shall be increased on the same basis as they were reduced.

(20 U.S.C. 1271b note) Enacted September 10, 1976, P.L. 94-405, sec. 204, 90 Stat. 1231, 1232; amended Nov. 1, 1978, P.L. 95-561, sec. 1331(e), 92 Stat. 2364.

APPLICATIONS

SEC. 205. (a) No State educational agency shall be entitled to any payment under this title for any period 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 payment 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 203;

(3) provide such data and assurances as the Commissioner may prescribe

"(A) to demonstrate that the costs of the additional 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 periodic reports to the Commissioner evaluating the effectiveness of the payments made under this title, and such other 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 herewith 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. 205, 90 Stat. 1232, 1233; amended Nov. 1, 1978, P.L. 95-561, sec. 1331(f), 92 Stat. 2364.

PAYMENTS

SEC. 206. (a) The Commissioner shall pay to each State educational agency having an application approved under section 205 the amount which that State is entitled to receive under this title.

(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 period shall not exceed 5 per centum of the amounts which that State educational agency is entitled to receive for that period 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 205(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. 206, 90 Stat. 1233; amended Nov. 1, 1978, P.L. 95-561, sec. 1331(g), 92 Stat. 2364.

WITHHOLDING

SEC. 207. Whenever the Commissioner, after reasonable notice and opportunity for a hearing to any State educational agency finds that there is a failure to meet the requirements of this title, the Commissioner shall notify that agency that further payments will not be made to the agency under this title, or in his discretion, that the State educational agency shall not make further payments under this title to specified local educational agencies (whose actions cause or are involved in such failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made to the State educational agency under this title or payments by the State educational agency under this title shall be limited to local educational agencies whose actions did not cause or were not involved in the failure as the case may be.

(20 U.S.C. 1211b note) Enacted September 10, 1976, P.L 94-405, sec. 207, 90 Stat. 1233.

AUTHORIZATION OF APPROPRIATIONS

SEC. 208. There are authorized to be appropriated for the period beginning July 1, 1976, and ending September 30, 1977, and for fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1982, such sums as may be necessary to make payments to which State educational agencies are entitled under this title and payments for administration under section 206(b).