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1 eling of school facilities and plans made or to be made for

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such programs, projects, and facilities) (A) which are designed to meet the special educational needs of educationally disadvantaged children (including preschool programs for such children) and (B) which are of sufficient size and quality to give reasonable promise of substantial progress toward meeting those needs and to

this end involve an expenditure of not less than $6,000, 9 except that the State educational agency may with 10 respect to any applicant waive such requirements if it determines that it would be impossible for reasons such

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as distance or difficulty of travel for the applicant to join effectively with other local educational agencies for the purpose of meeting the requirements. Two or more local educational agencies may enter into agreements, at

their option, for carrying out jointly operated programs

and projects under this title whenever they conclude that it would advance the purposes of this title.

"(2) That the requirements of section 132 (relating

to programs and projects for educationally disadvantaged children enrolled in private nonprofit elementary and secondary schools) have been met.

"(3) That not less than 85 per centum of the expenditure for any program or project funded under

this title shall be attributable to efforts to improve the

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1 basic cognitive skills of participating children in reading

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and mathematics, or in improving their readiness for

reading and mathematics.

-i(a)

"(4) That for each child in a program or project funded under this title there shall be developed, maintained, and periodically evaluated an individualized written educational plan agreed upon jointly by the local educational agency, the parents or guardian of the child, and when appropriate, the child. If school officials provide satisfactory evidence of the inability or failure of parents or guardians to cooperate in such a program, the

parental advisory committee established pursuant to this subsection shall be designated to act in the place of the

parent or guardian of any such child. The plan shall include (A) a statement of the child's present levels of educational performance, (B) a statement of the longrange goals for the education of the child and the intermediate objectives related to the attainment of such goals, (C) a statement of the specific educational services to be provided to such child, (D) the projected date for initiation and the anticipated duration of such services, (E) objective criteria and evaluation procedures and a schedule for determining whether intermediate objectives are being achieved, and (F) a review of the

plan with the parents or guardian at least annually with

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provision for such amendments to it as may be mutually agreed upon.

"(5) That effective procedures, including provisions for appropriate objective measurements of educational achievement, will be adopted for evaluating at least annually the overall effectiveness of programs and 7 projects in meeting the educational needs of educationally disadvantaged children.

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"(6) That (A) the local educational agency has provided satisfactory assurance that the control of funds provided under this title, and title to property derived 12 therefrom, shall be in a public agency for the uses and

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purposes provided in this title, and that a public agency

will administer such funds and property, (B) Federal funds made available under this title in no case will be so used as to supplant funds from non-Federal sources, and (C) State and local funds will be used in the district of such agency to provide services for educationally disadvantaged children and in areas in which programs or projects under this title are concentrated which, taken as a whole, are at least comparable to services being provided for other children or in other areas in such district which are not receiving funds under this title.

"(7) That in the event funds received under this

title are not sufficient to provide a level of additional

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services established by the State educational agency as

being the minimum required to conduct an effective pro

gram, such funds will be so utilized as to concentrate programs or projects (A) on children who are most severely educationally disadvantaged, or (B) in school attendance areas having the highest concentrations of educationally disadvantaged children, or (C) on age groups or grade levels where the most effective results may be obtained, or upon some combination of these

factors as agreed upon with the State educational agency: Provided, however, That the Commissioner by regulation shall assure that consideration is given to the needs of the most severely educationally disadvantaged children in the utilization of funds under this paragraph.

"(8) In the case of any project for the repair or

remodeling of school facilities, that the project shall be accessible to and usable by handicapped persons, and

that the requirements of section 433 of the General Education Provisions Act (relating to labor standards)

will be complied with on all such projects.

"(9) That the local educational agency has estab

lished or will establish a parental advisory committee, consisting of the parents of children to be served, in each school attendance area having a program or project

funded under this title, which will be utilized in such a

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manner as to assure that the purposes of section 415 of

the General Educational Provisions Act (relating to

parental involvement) are carried out.

"(10) 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 (which in the case of reports relating to performance is in accordance with specific performance criteria related to program objectives), as may be reasonably necessary to enable the State educational agency to perform its duties under this title, including information relating to the educational achievement of children participating in programs carried out under this title, and will keep such records and afford such access thereto (including access to parents and to other members of the general public) as the State educational agency may find necessary to assure the correctness and verification

of such reports and to assure that such reports shall be 19 public information.

"(b) The State educational agency shall not finally

21 disapprove in whole or in part any application for funds

22 under this title without first affording the local educational 23 agency submitting the application reasonable notice and 24 opportunity for a hearing.