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1 No State shall be reallotted for any fiscal year pursuant to 2 this subsection more than 200 per centum of the amount 3 originally allotted to such State for such year by application 4 of the provisions of section 4 (b). Any amount reallotted to a 5 State pursuant to this subsection for any fiscal year shall be 6 deemed to be part of its allotment for such fiscal year derived 7 from application of the provisions of section 4 (b) (1). (c) The remainder of each State's allotment shall be 9 available

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(1) for use, in accordance with the provisions of sections 4 and 6 and the plan developed pursuant to section 8 (b), by the State agency designated pursuant to section 8(a); and

(2) for distribution, for use by them in accordance with the provisions of sections 4 and 6 and such plan, among the local educational agencies of such State on

a basis reflecting the relative needs of each of such

agencies for the types of assistance for which appropriations under this Act are available;

20 except that not more than 30 per centum of such allotment 21 derived from application of the provisions of section 22 4(b) (2), relating to the presence within the State of chil23 dren with a parent employed on Federal property or with 24 a parent on active duty in the uniformed services, may be 25 paid to local educational agencies not having any of such

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1 children in average daily attendance in their schools; and 2 except that in determining the relative needs of each of such 3 agencies for the types of assistance for which appropriations 4 under this Act are available, funds paid to such agencies 5 under subsection (b) of this section shall not be taken into 6 account.

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TRANSFERS AMONG PURPOSES

SEC. 6. (a) Thirty per centum of that portion of 9 each State's allotment which is available for the purposes

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described in clause (A), (B), or (C) of section 4 (c) (3) may be made available for any of the other purposes described in section 4 (c).

(b) The 30 per centum limitations in subsection (a) may be exceeded if the State demonstrates to the satisfaction of the Secretary that such action will achieve more

effectively the purposes of this Act.

PARTICIPATION OF NONPUBLIC SCHOOL CHILDREN

SEC. 7. (a) The State agency designated pursuant to section 8(a) shall provide that—

(1) except as provided in subsection (b), children enrolled in nonprofit private elementary or secondary schools will be given an opportunity to participate, on

an equitable basis, in activities for which funds are made

available under paragraph (1), or clause (A), (B),

or (C) of paragraph (3) of section 4 (c); and

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(2) title to and control of funds received under

this Act and other property derived therefrom will re

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main in one or more public agencies.

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(b) If the Secretary determines that provisions of State

5 law prevent any State agency designated pursuant to sec

6 tion 8 (a) from complying with subsection (a), the Secre

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tary shall, if he finds that the State is otherwise eligible to 8 participate in the program under this Act, permit such State

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to participate, but in such case he shall

(1) arrange, by contract or otherwise, for children enrolled in the nonprofit private elementary or secondary schools within such State to receive, on an equi

table basis, services similar to those provided from the

funds made available under paragraph (1) or clause

(A), (B), or (C) of paragraph (3) of section 4 (c) to public school children within such State; and

(2) pay the cost thereof out of that portion of the allotment to such State for carrying out each such paragraph or clause.

STATE ADMINISTRATION

SEC. 8. (a) The chief executive officer of each State

which desires to participate in the program under this Act shall designate a State agency which shall be the single State agency for administration (or supervision of the administra

tion) of such program in such State, except that this require

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1 ment may be waived in accordance with the provisions of

2 section 204 of the Intergovernmental Cooperation Act of

3 1968 (42 U.S.C. 4214).

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(b) The State agency designated pursuant to sub5 section (a) shall, for each fiscal year, develop and publish 6 a plan for the distribution of funds available therefor under 7 paragraph (2) of section 5(b) and under section 5(c), 8 and for the expenditure of funds retained under paragraph 9 (1) of section 5 (b) and under section 5 (c) (1) for use by 10 such State agency or distributed under section 5 (c) (2) for 11 use by local educational agencies. Such plan shall be de12 veloped after consultation with the advisory council appointed 13 pursuant to section 9, shall not finally be adopted by such 14 State agency until a reasonable opportunity has been given to 15 interested persons for comment thereon, and shall be made 16 available to the Secretary.

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17 (c) In administering the program under this Act, the 18 State shall comply with the provisions of this Act and with 19 regulations prescribed by the Secretary pursuant thereto.

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STATE ADVISORY COUNCIL

SEC. 9. (a) The chief executive officer of each State 22 which desires to participate in the program under this Act 23 shall appoint an advisory council which shall be broadly 24 representative of the education community in the State and 25 of the public, including at least one person representative of

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1 the public elementary or secondary schools of the State; at 2 least one person representative of the nonprofit private ele3 mentary or secondary schools of the State; at least one per

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son representative of each of the various populations in the

5 State which will be affected by the activities authorized 6 under section 4; at least one person who has special com7 petence in the planning and evaluation of education pro8 grams, and in the assessment of the effectiveness of activities 9 authorized under section 4; and at least one person who 10 has special competence in each of the educational areas de11 scribed in sections 4 (c) (1), 4(c) (3) (A), and 4 (c) (3) 12 (B).

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(b) The State advisory council shall—

(1) advise the State agency designated pursuant

to section 8 (a) on the preparation of, and on matters of general policy arising in the administration of, the

plan developed under section 8 (b);

(2) evaluate activities assisted under this Act;

(3) advise State or local officials who have responsibility for carrying out activities assisted under

this Act with respect to the planning, evaluation, ad

ministration, and assessment of such activities; and

(4) prepare and submit to the Secretary not less often than annually a report of its activities, recommendations, and evaluations, together with such com

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