in accordance with basic criteria prescribed by the Commissioner.1 (3) (A) If the maximum amount of the grant determined pursuant to paragraph (1) or (2) for any local educational agency for the fiscal year ending June 30, 1967, is greater than 50 per centum of the sum budgeted by that agency for current expenditures for that year (as determined pursuant to regulations of the Commissioner), such maximum amount shall be reduced to 50 per centum of such budgeted sum. (B) In the case of local educational agencies which serve in whole or in part the same geographical area, and in the case of a local educational agency which provides free public education for a substantial number of children who reside in the school district of another local educational agency, the State educational agency may allocate the amount of the maximum grants for those agencies among them in such manner as it determines will best carry out the purposes of this part. (4) For purposes of this subsection, except paragraph (5), the term "State" does not include Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

(5) In the case of a State agency which is directly responsible for providing free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education), the maximum basic grant which that agency shall be eligible to receive under this part for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in that State or, if greater, in the United States multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for handicapped children operated or supported by that State agency, in the most recent fiscal year for which satisfactory data are available. Such State agency shall use payments under this part only 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 such children.

1 Sec. 104 of P.L. 90-247 reads as follows:

"CONFORMING AMENDMENTS TO MAKE STATE OR NATIONAL AVERAGE PER PUPIL EXPENDITURE OPTION AVAILABLE TO STATE AGENCY PROGRAMS UNDER TITLE I

"SEC. 104. (a) (1) The second sentence of section 203 (a) (6) of the Act of September 30, 1950, is amended by striking out 'average per pupil expenditure in the United States' and inserting in lieu thereof the following: average per pupil expenditure in that State or, if greater, in the United States'.

(2) The first sentence of section 203 (a) (7) of such Act is amended by inserting after average per pupil expenditure in that State' the following: or, if greater, in the United States'.

(b)(1) Section 203 (a) (2) of such Act is amended by striking out the last sentence thereof. (2) Section 203 (a) (6) of such Act is amended by striking out the last sentence thereof. (3) Section 203 of such Act is amended by adding at the end thereof the following subsection:

(e) For purposes of this section, the "average per pupil expenditure" in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies as defined in section 303 (6) (A) in the State, or in the United States (which for the purposes of this subsection means the fifty States and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year'.

"(4) The first sentence of section 203 (a) (2) and the first sentence of section 203 (a) (5) are each amended by striking out the matter in the parentheses immediately after 'United States'.

"(c) The amendments made by this section shall apply with respect to fiscal years ending on or after June 30, 1969."

(6) A State educational agency which has submitted and had approved an application under section 105 (c) for any fiscal year shall be entitled to receive a grant for that year under this part for establishing or improving programs for migratory children of migratory agricultural workers. The maximum total of grants which shall be available for use in any State for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in that State or, if greater, in the United States multipled by (A) the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State full time, and (B) 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.1

(7) In the case of a State agency which is directly responsible for providing free public education for children in institutions for neglected or delinquent children, the maximum grant which that agency shall be eligible to receive under this title for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in that State or, if greater, in the United States1 multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for such children operated or supported by that State agency in the most recent fiscal year for which satisfactory data are available. Such State agency shall use payments under this part only 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 such children.

(b) A local educational agency shall be eligible for a basic grant for a fiscal year under this part only if it meets the following requirements with respect to the number of children aged five to seventeen, inclusive, described in clauses (A), (B), and (C) of the first sentence of paragraph (2) of subsection (a):

(1) In any case (except as provided in paragraph (3)) in which the Commissioner determines that satisfactory data for the pur

1 Sec. 104 of P.L. 90-247 reads as follows:

"CONFORMING AMENDMENTS TO MAKE STATE OR NATIONAL AVERAGE PER PUPIL EXPENDITURE OPTION AVAILABLE TO STATE AGENCY PROGRAMS UNDER TITLE I

"SEC. 104. (a) (1) The second sentence of section 203(a) (6) of the Act of September 30, 1950, is amended by striking out 'average per pupil expenditure in the United States' and inserting in lieu thereof the following: average per pupil expenditure in that State, or, if greater, in the United States'.

"(2) The first sentence of section 203 (a) (7) of such Act is amended by inserting after 'average per pupil expenditure in that State' the following: 'or, if greater, in the United States.

"(b)(1) Section 203 (a) (2) of such Act is amended by striking out the last sentence thereof.

"(2) Section 203 (a) (6) of such Act is amended by striking out the last sentence thereof. "(3) Section 203 of such Act is amended by adding at the end thereof the following subsection:

"(e) For purposes of this section, the "average per pupil expenditure" in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies as defined in section 303 (6) (A) in the State, or in the United States (which for the purposes of this subsection means the fifty States and the District of Columbia). as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year.'

"(4) The first sentence of section 203 (a) (2) and the first sentence of section 203 (a) (5) are each amended by striking out the matter in the parentheses immediately after 'United States'.

"(c) The amendments made by this section shall apply with respect to fiscal years ending on or after June 30, 1969."

pose of this subsection as to the number of such children are available on a school district basis, the number of such children in the school district of such local educational agency shall be at least ten.

(2) In any other case, except as provided in paragraph (3), the number of such children in the county which includes such local educational agency's school district shall be at least ten.

(3) In any case in which a county includes a part of the school district of the local educational agency concerned and the Commissioner has not determined that satisfactory data for the purpose of this subsection are available on a school district basis for all the local educational agencies for all the counties into which the school district of the local educational agency concerned extends, the eligibility requirement with respect to the number of such children for such local educational agency shall be determined in accordance with regulations prescribed by the Commissioner for the purposes of this subsection.

(c) For the purposes of this section, the "Federal percentage" shall be 50 per centum and the "low-income factor" shall be $2,000 for the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967. Except as otherwise provided in section 108, for the fiscal years ending June 30, 1968, June 30, 1969, and June 30, 1970, they shall be 50 per centum and $3,000, respectively.

(d) For the purposes of this section, the Commissioner shall determine the number of children aged five to seventeen, inclusive, of families having an annual income of less than the low-income factor (as established pursuant to subsection (c)) on the basis of the most recent satisfactory data available from the Department of Commerce. At any time such data for a county are available in the Department of Commerce, such data shall be used in making calculations under this section. The Secretary of Health, Education, and Welfare shall determine the number of children of such ages from families receiving an annual income in excess of the low-income factor from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act, and the number of children of such ages living in institutions for neglected or delinquent children, or being supported in foster homes with public funds, on the basis of the caseload data for the month of January of the preceding fiscal year. When requested by the Commissioner, the Secretary of Commerce shall make a special estimate of the number of children of such ages who are from families having an annual income less than the low-income factor (establish pursuant to subsection (c)) in each county or school district, and the Commissioner is authorized to pay (either in advance or by way of reimbursement) the Secretary of Commerce the cost of making this special estimate. The Secretary of Commerce shall give consideration to any request of the chief executive of a State for the collection of additional census information.

(e) For the purpose of this section, the "average per pupil expenditure" in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies as defined in section 303 (6) (A) in the State, or in the United States (which for the purposes of this subsection means the fifty States and

91-256-69

the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year.1

(20 U.S.C. 241c) Enacted April 11, 1965, P.L. 89-10, Title I, sec. 2, 79 Stat. 28; amended July 21, 1965, P.L. 89-77, sec. 3, 79 Stat. 243; amended Nov. 1, 1965, P.L. 89-313, sec. 6(a), 79 Stat. 1161; amended Nov. 3, 1966, P.L. 89-750, Title I, secs. 102, 103 (a), 104–107, 113(b), 80 Stat. 1191-1198; redesignated and amended Jan. 2, 1968, P.L. 90-247, Title I, secs. 101, 103 (a), 104, 105, 107, 108(a), 81 Stat. 783-787; amended Oct. 16, 1968, P.L. 90-576, Title III, sec. 307, 82 Stat. 1097.

SEC. 104. (REPEALED)

(20 U.S.C. 241d) Enacted April 11, 1965, P.L. 89-10, Title I, sec. 2, 79 Stat. 30; repealed Nov. 3, 1966, P.L. 89-750, Title I, sec. 108, 80 Stat. 1195.

APPLICATION

SEC. 105. (a) A local educational agency may receive a grant under this part for any fiscal year only upon application therefor approved by the appropriate State educational agency, upon its determination (consistent with such basic criteria as the Commissioner may establish)

(1) that payments under this part will be used for programs and projects (including the acquisition of equipment, and, where necessary, the construction of school facilities and plans made or to be made for such programs, projects, and facilities) (A) which are designed to meet the special educational needs of educationally deprived children in school attendance areas having high concentrations of children from low-income families and (B) which are of sufficient size, scope, and quality to give reasonable promise of substantial progress toward meeting those needs and to this end involve an expenditure of not less than $2,500, except that the State educational agency may with respect to any applicant reduce the $2,500 requirement if it determines that it would be impossible,

1 Sec. 104 of P.L. 90-247 reads as follows:

"CONFORMING AMENDMENTS TO MAKE STATE OR NATIONAL AVERAGE PER PUPIL EXPENDITURE OPTION AVAILABLE TO STATE AGENCY PROGRAMS UNDER TITLE I

"SEC. 104. (a) (1) The second sentence of section 203 (a) (6) of the Act of September 30, 1950, is amended by striking out 'average per pupil expenditure in the United States' and inserting in lieu thereof the following: 'average per pupil expenditure in that State or, if greater. in the United States'.

"(2) The first sentence of section 203(a) (7) of such Act is amended by inserting after average per pupil expenditure in that State' following: 'or, if greater, in the United States'.

"(b) (1) Section 203 (a) (2) of such Act is amended by striking out the last sentence thereof.

"(2) Section 203 (a) (6) of such Act is amended by striking out the last sentence thereof. (3) Section 203 of such Act is amended by adding at the end thereof the following subsection:

(e) For purposes of this section, the "average per pupil expenditure" in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies as defined in section 303(6) (A) in the State, or in the United States (which for the purposes of this subsection means the fifty States and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year."

"(4) The first sentence of section 203 (a) (2) and the first sentence of section 203 (a) (5) are each amended by striking out the matter in the parentheses immediately after 'United States.'

"(c) The amendments made by this section shall apply with respect to fiscal years ending on or after June 30, 1969."

for reasons such as distance or difficulty of travel, for the applicant to join effectively with other local educational agencies for the purpose of meeting the requirement; and nothing herein shall be deemed to preclude two or more local educational agencies from entering into agreements, at their option, for carrying out jointly operated programs and projects under this part: Provided, That the amount used for plans for any fiscal year shall not exceed 1 per centum of the maximum amount determined for that agency for that year pursuant to section 103 or $2,000, whichever is greater;

(2) that, to the extent consistent with the number of educa tionally deprived children in the school district of the local educational agency who are enrolled in private elementary and secondary schools, such agency has made provision for including special educational services and arrangements (such as dual enrollment, educational radio and television, and mobile educational services and equipment) in which such children can participate; (3) that the local educational agency has provided satisfactory assurance that the control of funds provided under this part, and title to property derived therefrom, shall be in a public agency for the uses and purposes provided in this part, and that a public agency will administer such funds and property;

(4) in the case of any project for construction of school facilities, that the project is not inconsistent with overall State plans for the construction of school facilities and that the requirements of section 109 will be complied with on all such construction projects;

(5) in the case of an application for payments for planning, (A) that the planning was or will be directly related to programs or projects to be carried out under this part and has resulted, or is reasonably likely to result in a program or project which will be carried out under this part, and (B) that planning funds are needed because of the innovative nature of the program or project or because the local educational agency lacks the resources necessary to plan adequately for programs and projects to be carried out under this part;

(6) that effective procedures, including provision for appropriate objective measurements of educational achievement, will be adopted for evaluating at least annually the effectiveness of the programs in meeting the special educational needs of educationally deprived children;

(7) that the local educational agency will make an annual report and such other reports to the State educational agency, in such form and containing such information, as may be reasonably necessary to enable the State educational agency to perform its duties under this part, including information relating to the educational achievement of students participating in programs carried out under this part, and will keep such records and afford such access thereto as the State educational agency may find necessary to assure the correctness and verification of such reports; (8) in the case of a project for the construction of school faciliities, that, in developing plans for such facilities due consideration has been given to compliance with such standards as the Secretary may prescribe or approve in order to insure that facili