15

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;

"(C) that such programs and projects will be administered and carried out in a manner consistent with

the basic objectives of clauses (1) (B) and (2) through

(12) of subsection (a), and of section 142; and

"(D) that, in planning and carrying out programs

and projects, there has been adequate assurance that provision will be made for the preschool educational needs of migratory children of migratory agricultural workers, whenever such agency determines that compliance with this clause will not detract from the operation of programs and projects described in clause (A)

of this paragraph after considering the funds available

for this purpose.

17 The Commissioner shall not finally disapprove an application 18 of a State educational agency under this paragraph except 19 after reasonable notice and opportunity for a hearing to the 20 State educational agency.

21

"(2) If the Commissioner determines that a State is 22 unable or unwilling to conduct educational programs for 23 migratory children of migratory agricultural workers, or that 24 it would result in more efficient and economic administration, or that it would add substantially to the welfare or educa

25

95-545 73 - pt. 1 - 4

16

1 tional attainment of such children, he may make special 2 arrangements with other public or nonprofit private agencies 3 to carry out the purposes of this section in one or more States, 4 and for this purpose he may use all or part of the maximum 5 total of grants available for such State or States under this 6 section.

7 "(3) For purposes of this subsection, with the con8 currence of his parents, a migratory child of a migratory agricultural worker shall be deemed to continue to be such

9

10

a child for a period, not in excess of five years, during which 11 he resides in the area served by the agency carrying on a

12

13

program or project under this subsection. Such children who

are presently migrant, as determined pursuant to regulations 14 of the Commissioner, shall be given priority in the considera15 tion of programs and activities contained in applications 16 submitted under this subsection.

17

"(b) The maximum total grants which shall be made 18 available for use in any State for this section shall be an 19 amount equal to 50 per centum of the average per pupil 20 expenditure in that State or, if greater, in the United States 21 multiplied by (1) the estimated number of such migratory 22 children aged five to seventeen, inclusive, who reside in the 23 State full time, and (2) the full-time equivalent of the esti24 mated number of such migratory children aged five to 25 seventeen, inclusive, who reside in the State part time, as

17

1 determined by the Commissioner in accordance with regula2 tions, except that if, in the case of any State, such amount 3 exceeds the amount required under subsection (a), the Com4 missioner shall allocate such excess, to the extent necessary, 5 to other States whose maximum total of grants under this 6 sentence would otherwise be insufficient for all such children 7 to be served in such other States. In the event the amount 8 appropriated for a fiscal year to carry out this section is 9 insufficient to pay all the maximum grants for which State 10 agencies are eligible under this section, the maximum grant 11 of each such agency shall be ratably reduced.

13

12 "PROGRAMS FOR NEGLECTED OR DELINQUENT CHILDREN "SEC. 123. (a) A State agency which is directly re14 sponsible for providing free public education for children 15 in institutions for neglected or delinquent children or in 16 adult correctional institutions; if such funds are used solely 17 for children, shall be eligible to receive a grant under this 18 title for any fiscal year.

19 "(b) The maximum grant which such an agency shall 20 be eligible to receive shall be an amount equal to 50 per 21 centum of the average per pupil expenditure in that State 22 or, if greater, in the United States multiplied by the number 23 of such children in average daily attendance, as determined 24 by the Commissioner, at schools for such children operated 25 or supported by that agency, including schools providing

18

1 education for such children under contract or other arrange2 ment with such agency, in the most recent fiscal year for 3 which satisfactory data are available. In the event the 4 amount appropriated for a fiscal year to carry out this 5 section is insufficient to pay all the maximum grants for 6 which State agencies are eligible under this section, the 7 maximum grant of each such agency shall be ratably 8 reduced.

9 "(c) A State agency shall use payments under this sec10 tion only for programs and projects (including the acquisi11 tion of equipment and where necessary the construction of 12 school facilities) which are designed to meet the special 13 educational needs of such children."

14

15

ADJUSTMENTS NECESSITATED BY APPROPRIATIONS

SEC. 206. The first sentence of section 144 of title I of 16 the Act is amended to read as follows: "If the sums appro17 priated for any fiscal year for making the payments provided 18 in part A of this title are not sufficient to pay in full the total 19 amounts which all local educational agencies are eligible to 20 receive under part A of this title for such year the allocations 21 to such agencies shall, subject to adjustments under the next 22 sentence, be ratably reduced to the extent necessary to bring 23 the aggregate of such allocations within the limits of the 24 amounts so appropriated. The allocation of a local educational 25 agency which would be reduced under the preceding sentence

19

1

to below the amount of its allocation under this section for

2 the fiscal year ending June 30, 1972, shall be increased to 3 such amount, the total of the increases thereby required being 4 derived by proportionately reducing the allocations of the 5 remaining local educational agencies, under the preceding 6 sentence, but with such adjustments as may be necessary to prevent the allocation of any of such remaining local educa8 tional agencies from being thereby reduced to less than such

7

9 amount.

TECHNICAL AND CONFORMING AMENDMENTS TO TITLE I

10

11

12

OF ESEA

SEC. 207. (a) Section 141 (a) (4) of title I of the 13 Act is amended by striking out "section 145" and insert14 ing in lieu thereof "section 433 of the General Education 15 Provisions Act".

16

(b) Section 141 (a) (13) and section 141 (c) of title I 17 of the Act are repealed.

18

(c) (1) Section 142 (a) of title I of the Act is amended 19 by striking out "described in section 141 (c)" and insert20 ing in lieu thereof "provided for in section 122".

21

(2) Section 142 (a) (1) of title I of the Act is amended 22 by striking out "section 103 (a) (5)" and inserting in lieu

23 thereof "section 121".

24

(d) Section 143 (a) (2) of title I of the Act is amended

25 by striking out "or section 131".