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qualify under clause (A), (B), or (C) of section 131(b)(1) for an exception from the comparability and excess costs provisions under such section 131, and
(2) the amount of such special State and local funds provided in eligible school attendance areas and for eligible schools when added to the Federal funds provided for programs under this subpart equals the amount such agency is eligible to receive for such fiscal year under section 111(a)(2) (without regard to adjustments under section 193),
then the local educational agency may, without being considered in violation of section 126(d), utilize additional State and local funds for special programs and projects which are solely for educationally deprived children residing in nonproject areas or attending nonproject schools, including areas and schools ineligible for assistance under this title. The exemption in the preceding sentence does not apply to the extent the level of such special State and local funds, per child participating in such programs residing in ineligible school attendance areas or attending ineligible schools, exceeds the amount of funds, per child participating in programs in project areas, provided to the agency under this part plus the amount of such special State or local funds provided for use in such areas.
(20 U.S.C. 2752) Enacted Nov. 1, 1978, P.L. 95-561, sec. 101(a), 92 Stat. 2175-2176.
SEC. 133. (a) USE OF FUNDS FOR SCHOOLWIDE PROJECTS.-In the case of any school serving an attendance area that is eligible to receive services under this title and in which not less than 75 per centum of the children are from low-income families (in accordance with criteria established by the Commissioner), the local educational agency may carry out a project under this title to upgrade the entire educational program in that school if the requirements of subsection (b) are met.
(b) DESIGNATION OF SCHOOLS.-A school may be designated for a schoolwide project under subsection (a) if—
(1) a plan has been developed for that school by the local educational agency and has been approved by the State educational agency providing for
(A) a comprehensive assessment of the educational needs of all students in the school, in particular the special needs of educationally deprived children, and
(B) an instructional program designed to meet the special needs of all students in the school;
(2) the plan has been developed with the involvement of those individuals who will be engaged in carrying out the plan, including parents, teachers, teacher aides, administrators, and secondary students if the plan relates to a secondary school;
(3) the plan provides for consultation among those individuals as to the educational progress of all students;
(4) the plan has been approved by the advisory council for that school established under section 125;
(5) appropriate training is provided to teachers and teacher aides to enable them effectively to carry out the plan;
(6) the plan includes procedures for evaluation involving the participation of the individuals listed in paragraph (2), and op
portunities for periodic improvements in the plan based on the results of those evaluations;
(7)(A) in the case of a school district in which there are one or more schools described in subsection (a) and there are also one or more other schools serving project areas, the local educational agency makes the Federal funds provided under this part available for children in such schools described in subsection (a) in amounts which per educationally deprived child served, equal or exceed the amount of such funds made available per educationally deprived child served in such other schools;
(B) the local educational agency makes special supplementary State and local funds available for the children in schools described in subsection (a) in amounts which, per child served who is not educationally deprived, equal or exceed the amount of Federal funds provided under this part which, per educationally deprived child served, are made available for children in such schools; and
(C) the average per pupil expenditure in schools described in subsection (a) (excluding amounts expended under a State compensatory education program) for the fiscal year in which the plan is to be carried out will not be less than such expenditure in such schools in the previous fiscal year.
(c) APPROVAL of School; OPERATION OF PROJECT.-(1) The State educational agency shall approve the plan of any local educational agency for a schoolwide project if that plan meets the requirements of subsection (b).
(2) For any school which has such a plan approved, the local educational agency
(A) shall, in order to carry out the plan, be relieved of any requirements under this title with respect to the commingling of funds provided under this title with funds available for regular programs;
(B) shall not be required to identify particular children as being eligible to participate in programs assisted under this title: and
(C) shall not be required to demonstrate that services provided with funds under this title are supplementary to the services regularly provided in the school.
(20 U.S.C. 2753) Enacted Nov. 1, 1978, P.L. 95-561, sec. 101(a), 92 Stat. 2176-2177.
SEC. 134. Notwithstanding any provision of subpart 3 of this part, personnel paid entirely by funds made available under this title may be assigned to certain limited, rotating, supervisory duties not related to classroom instruction, the benefits of which are not limited to participating children under this title. Such duties may include only those to which similarly situated personnel not hired with funds made available under the title are assigned at the same school site, and for which such similarly situated personnel are paid, and may not exceed the same proportion of total time as similarly situated personnel at the same school site, or 10 per centum of the total time, whichever is less.
(20 U.S.C. 2754) Enacted Nov. 1, 1978, P.L. 95-561, sec. 101(a), 92 Stat. 2177.
Part B-PROGRAMS OPERATED BY STATE AGENCIES
Subpart 1-Programs for Migratory Children
GRANTS-ENTITLEMENT AND AMOUNT
SEC. 141. (a) ENTITLEMENT.-A State educational agency or a combination of such agencies shall, upon application, be entitled to receive a grant for any fiscal year under this part to establish or improve, either directly or through local educational agencies, pro grams of education for migratory children of migratory agricultural workers or of migratory fishermen which meet the requirements of section 142.
(b) AMOUNT OF GRANT.-(1) Except as provided in sections 156 and 157, the total grants which shall be made available for use in any State (other than Puerto Rico) for this subpart shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (A) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (B) in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States) multiplied by (i) the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State full time, and (ii) the full-time equivalent of the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State part time, as determined by the Commissioner in accordance with regulations, except that if, in the case of any State, such amount exceeds the amount required under section 142, the Commissioner shall allocate such excess, to the extent necessary, to other States, whose total of grants under this sentence would otherwise be insufficient for all such children to be served in such other States. In determining the full-time equivalent number of migratory children who are in a State during the summer months, the Commissioner shall adjust the number so determined to take into account the special needs of those children for summer programs and the additional costs of operating such programs during the summer. In determining the number of migrant children for the purposes of this section the Commissioner shall use statistics made available by the migrant student record transfer system or such other system as he may determine most accurately and fully reflects the actual number of migrant students.
(2) For each fiscal year, the Commissioner shall determine the percentage which the average per pupil expenditure in Puerto Rico is of the lowest average per pupil expenditure of any of the fifty States. The grant which Puerto Rico shall be eligible to receive under this section for a fiscal year shall be the amount arrived at by multiplying the number of such migrant children in Puerto Rico by the product of
(A) the percentage determined under the preceding sentence, and
(B) 32 per centum of the average per pupil expenditure in the United States.
(20 U.S.C. 2761) Enacted Aug. 21, 1974, P.L. 93-380, sec. 101, 88 Stat. 492-494; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 101(a), 92 Stat. 2177, 2178.
SEC. 142. (a) REQUIREMENTS FOR APPROVAL OF APPLICATION.—The Commissioner may approve an application submitted under section 141(a) only upon his determination
(1) that payments will be used for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of migratory children of migratory agricultural workers or of migratory fishermen, and to coordinate such programs and projects with similar programs and projects in other States, including the transmittal of pertinent information with respect to school records of such children;
(2) that in planning and carrying out programs and projects there has been and will be appropriate coordination with programs administered under part B of title III of the Economic Opportunity Act of 1964 and under section 303 of the Comprehensive Employment and Training Act;
(3) that such programs and projects will be administered and carried out in a manner consistent with the basic objectives of subpart 3 of part A, other than sections 122, 123, and 126(d) thereof;
(4) that, in planning and carrying out programs and projects at both the State and local educational agency level, there has been and will be appropriate consultation with parent advisory councils established in accordance with regulations of the Commissioner (consistent with the requirements of section 125(a)); and
(5) that, in planning and carrying out programs and projects, there has been adequate assurance that provision will be made for the preschool education needs of migratory children of migratory agricultural workers or of migratory fishermen, whenever such agency determines that compliance with this paragraph will not detract from the operation of programs and projects described in paragraph (1) of this subsection after con
sidering funds available for this purpose. (b) CONTINUATION OF MIGRANT STATUS.-For purposes of this subpart, with the concurrence of his parents, a migratory child of a migratory agricultural worker or of a migratory fisherman shall be deemed to continue to be such a child for a period, not in excess of five years, during which he resides in the area served by the agency carrying on a program or project under this section. Such children who are presently migrant, as determined pursuant to regulations of the Commissioner, shall be given priority in this consideration of programs and activities contained in applications submitted under this section.
(c) BY-PASS PROVISION.-If the Commissioner determines that a State is unable or unwilling to conduct educational programs for migratory children of migratory agricultural workers or of migratory fishermen, or that it would result in more efficient and economic administration, or that it would add substantially to the welfare or educational attainment of such children, he may make special arrangements with other public or nonprofit private agencies to carry out the purposes of this section in one or more States, and for this purpose he may use all or part of the total of grants available for any such State under this section.
(20 U.S.C. 2762) Enacted Aug. 21, 1974, P.L. 93–380, sec. 101, 88 Stat. 492-494; redesignated and amended Nov. 1, 1978, P.L. 95–561, sec. 101(a), 92 Stat. 2178, 2179, amended Aug. 6, 1979, P.L. 96-46 sec. 1(7) and (8), 93 Stat. 338.
COORDINATION OF MIGRANT EDUCATION ACTIVITIES SEC. 143. (a) ACTIVITIES AUTHORIZED.—The Commissioner is authorized to make grants to, or enter into contracts with, State educational agencies to operate a system for the transfer among State and local educational agencies of migrant student records and to carry out other activities, in consultation with the States, to improve the interstate and intrastate coordination among State and local educational agencies of the educational programs available for migratory students.
(b) AVAILABILITY OF FUNDS.—The Commissioner shall, from the funds appropriated for carrying out this subpart, reserve for purposes of this section for any fiscal year an amount which shall not be less than $6,000,000 nor' more than 5 per centum of the amount so appropriated.
(20 U.S.C. 2763) Enacted Aug. 21, 1974, P.L. 93–380, sec. 101, 88 Stat. 492-494; re designated and amended Nov. 1, 1978, P.L. 95-561, sec. 101(a), 92 Stat. 2179; amended Aug. 6, 1979, P.L. 96-46, sec. 1(9), 93 Stat. 338.
Subpart 2-Programs for Handicapped Children
AMOUNT AND ELIGIBILITY
SEC. 146. (a) ELIGIBILITY FOR GRANT.-A State agency which is directly responsible for providing free public education for handicapped children (as that term is defined in section 602(1) of the Education of the Handicapped Act), shall be eligible to receive a grant under this subpart for any fiscal year.
(b) AMOUNT OF GRANT.—(1) Except as provided in sections 156 and 157, the grant which a State agency referred to in subsection (a) (other than the agency for Puerto Rico) shall be eligible to re ceive under this section shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (A) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (B) in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States), multiplied by the number of such handicapped children in average daily attendance, as determined by the Commissioner, at schools for handicapped children operated or supported by the State agency, including schools providing special education for handicapped children under contract or other arrangement with such State agency, in the most recent fiscal year for which satisfactory data are available.
(2) For each fiscal year, the Commissioner shall determine the percentage which the average per pupil expenditure in Puerto Rico