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year 1979 and for each succeeding fiscal year ending prior to October 1, 1983.
(2) No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless
(A) the amount appropriated under this subsection is sufficient to pay the full amount for which each State is eligible under subsection (a) of this section for that fiscal year, and
(B) the sums appropriated pursuant to this subsection are included in an act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning
of such fiscal year. (3) Whenever the requirements of paragraph (2) are not met, each State shall receive payments under section 194 and under section 404(a)(8) of this Act, for the administration of the programs in accordance with subpart 2 of part C of title I and title IV of this Act, and sections 435 and 436 of the General Education Provisions Act.
(c)(1) The Commissioner is authorized to pay to each State in addition to the amount authorized under the preceding subsection an amount not to exceed 25 per centum of the amount authorized for that State under the preceding subsection in cases where
(1) such funds are used solely for purposes of monitoring, audit resolution, enforcement, or other similar activities which are directly and exclusively related to the enforcement of the requirements of titles I and IV of this Act and of this part,
(2) the State applies to receive such individual funds and, in the annual application submitted under section 142 of this Act specifically describes the intended uses of such funds, and
(3) such funds are used to supplement, and not supplant, funds from non-Federal sources for such enforcement purposes. (2) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of paragraph (1) of this subsection for the fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1983.
(20 U.S.C. 3150) Enacted Nov. 1, 1978, P.L. 95-561, sec. 501, 92 Stat. 2247, 2248 (effective Oct. 1, 1978).
PART B-STRENGTHENING STATE EDUCATIONAL AGENCY
SEC. 521. The amounts available to each State for the purposes of this part shall be used by the State educational agency of that State to strengthen the educational leadership resources of that agency and to assist that agency in identifying and meeting the critical educational needs of the State. Such activities may include
(1) developing more equitable means of financing education in the State;
(2) providing resources to other branches of the State government to conduct analyses of educational issues facing the State;
(3) developing statewide programs to assess the educational progress of students in the State in both public and private schools, including testing programs and other methods of assessing student achievement in reading, writing, and mathematics;
(4) providing technical assistance to local educational agencies for improving planning, management of State and Federal programs, citizen involvement, and staff development;
(5) providing technical assistance to local educational agencies for improving their instructional programs, including programs that enable parents to assist in the instruction of their children at home;
(6) workshops, conferences, and other means of providing communication among educators and between educators and the public;
(7) dissemination of information concerning effective educational practices;
(8) coordinating public educational programs with those carried out in private nonprofit elementary and secondary schools in the State, and monitoring the requirements of Federal programs with respect to the participation therein of children enrolled in those schools;
(9) professional development of employees of the State educational agency; and
(10) developing curricular materials and programs. (20 U.S.C. 3161) Enacted Nov. 1, 1978, P.L. 95–561, sec. 501, 92 Stat. 2248 (effective Oct. 1, 1978).
PROGRAM REQUIREMENTS SEC. 522. Each State which desires to participate in programs under this part shall submit to the Commissioner a State plan which sets forth in such detail as the Commissioner prescribes the purposes for which funds provided under this part will be used by the State educational agency. The plan shall also set forth
(1) the means by which the State will make information and technical assistance available to private nonprofit school officials who desire to arrange for children in those schools to participate in Federal elementary and secondary education programs; and
(2) a comprehensive plan for the coordination of Federal and State funds for training activities for educational personnel in the State including preservice and inservice training, which plan shall be developed with the involvement of teachers, professional associations, institutions of higher education, and
other interested individuals and organizations. (20 U.S.C. 3162) Enacted Nov. 1, 1978, P.L. 95-561, sec. 501, 92 Stat. 2248 (effective Oct. 1, 1978).
AUTHORIZATION OF APPROPRIATIONS
Sec. 523. (a) There are authorized to be appropriated for the purposes of this part such sums as may be necessary for fiscal year 1980 and for each of the succeeding fiscal years ending prior to October 1, 1983.
(b) No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless
(1) the amount appropriated under this subsection is at least equal to (A) 15 percent of the amount appropriated for part C of title IV for that fiscal year or (B) the amount made available to all States for fiscal year 1973 for title V as in effect in such year, whichever is greater, and
(2) the sums appropriated pursuant to this subsection are included in an Act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning
of such fiscal year. (c) Whenever the requirements of subsection (b) are not met, each State may reserve sums under section 404(a)(9) of this Act.
(20 U.S.C. 3163) Enacted Nov. 1, 1978, P.L. 95-561, sec. 501, 92 Stat. 2249 (effective Oct. 1, 1978).
ALLOTMENTS TO STATES
Sec. 524. (a) From the amount appropriated under this part to meet the requirement of section 523(b)(1) for any fiscal year, the Commissioner shall allot to each State an amount equal to the allotment of the State for strengthening activities in the fiscal year 1973 pursuant to title V as in effect in such year to be available to carry out this part.
(b) From the amounts appropriated in excess of the amount appropriated to meet the requirement of subsection (a), the Commissioner shall award grants to States on a discretionary basis to be available to carry out this part.
(20 U.S.C. 3164) Enacted Aug. 6, 1979, P.L. 96-46, sec. 1(17), 93 Stat. 339.
PART C—COUNCILS ON EQUALITY IN EDUCATION
NATIONAL AND STATE ADVISORY COUNCILS
SEC. 531. (a)(1) There is hereby established a National Council on Quality in Education (hereafter referred to as the “National Council") composed of fifteen members appointed by the President, by and with the advice and consent of the Senate. The membership of the National Council shall include persons who are familiar with the educational needs and goals of the Nation, persons with competence in assessing the progress of the education agencies, institutions, and organizations in meeting those needs and achieving those goals, persons familiar with the administration of State and local educational agencies and of institutions of higher education, and persons representative of the general public. Members shall be appointed without regard to political affiliation. Members shall be appointed for terms of three years, except that (A) in the case of initial members, one-third of the members shall be appointed for terms of one year each and one-third of the members shall be appointed for terms of two years each, and (B) appointments to fill the unexpired portion of any term shall be for such portion only.
(2) The National Council shall
(A) review the administration of, general regulations for, and operation of the programs assisted under this title at the Federal, State, and local levels, and other Federal education programs;
(B) advise the Commissioner and, when appropriate, the Secretary and other Federal officials with respect to the educational needs and goals of the Nation and assess the progress of the educational agencies, institutions, and organizations of the Nation toward meeting those needs and achieving those goals;
(C) conduct objective evaluations of specific education programs and projects in order to ascertain the effectiveness of such programs and projects in achieving the purpose for which they are intended;
(D) review, evaluate, and transmit to the Congress and the President the reports submitted pursuant to clause (E) of paragraph (3) of subsection (b) of this section;
(E) make recommendations (including recommendations for changes in legislation) for the improvement of the administration and operation of education programs including the programs authorized by this title;
(F) consult with Federal, State, local, and other educational agencies, institutions, and organizations with respect to assessing education in the Nation and the improvement of the quality of education, including
(i) areas of unmet needs in education and national goals and the means by which those areas of need may be met and those national goals may be achieved;
(ii) determinations of priorities among unmet needs and national goals;
(iii) specific means of improving the quality and effectiveness of teaching, curricula, and educational media and of raising standards of scholarship and levels of achieve
ment and (G) conduct national conferences on the assessment and improvement of education, in which national and regional education associations and organizations, State and local education officers and administrators, and other organizations, institutions, and persons (including parents of children participating in Federal education programs) may exchange and disseminate information on the improvement of education; and
(H) conduct, and report on, comparative studies and evaluations of education systems in foreign countries. (3) No member of the council shall evaluate any program or project if such member is associated with the program or project as a consultant, technical advisor, or in any other similiar capacity.
(4) The National Council shall make an annual report, and such other reports as it deems appropriate on its findings, recommendations, and activities to the Congress and the President. The President is requested to transmit to the Congress, at least annually, such comments and recommendations as he may have with respect to such reports and its activities.
(5) In carrying out its responsibilities under this section, the National Council shall consult with the National Advisory Council on the Education of Disadvantaged Children, and such other advisory councils and committees as may have information and competence to assist the National Council. All Federal agencies are directed to cooperate with the National Council in assisting it in carrying out its functions.
(b)(1) Any State receiving payments under this title for any fiscal year may establish a State advisory council (hereinafter referred to as "State council") which if it meets the requirements and has the authority specified in this subsection may receive payments pursuant to subsection (c). The State council shall be appointed by the Governor or, in the case of States in which the members of the State educational agency are elected (including election by the State legislature), by such agency.
(2) The State council established pursuant to this subsection shall be broadly representative of the educational resources of the State and of the public. Representation on the State council shall include, but not be limited to persons representative of,
(A) public and nonprofit private elementary and secondary schools;
(B) institutions of higher education;
(C) areas of competence in planning and evaluating education programs, and the assessment of the effectiveness of, and the administration of, such programs at the State and local levels; and
(D) areas of competence dealing with children for whom special educational assistance is available under this Act. (3) The State council shall
(A) prepare and submit through the State educational agency a report of its activities, recommendations, and evaluations, together with such additional comments as the State educational agency deems appropriate, to the Commissioner and the National Council at such times, in such form, and in such detail, as the Commissioner may prescribe;
(B) advise the State educational agency on the preparation of, and policy matters arising in the administration of, State and local educational programs in the State, including the de velopment of criteria for approval of applications for assistance under this title;
(C) advise State and local officials who have a responsibility for education in the State with respect to the planning, evaluating, administration, and assessment of education in the State;
(D) review and make recommendations to the State educational agency on the action to be taken with respect to applications for assistance under this title by local educational agencies; and
(E) evaluate programs and projects assisted under this title. (4) Any such State shall certify the establishment and membership of its State council to the Commissioner.
(5) Such State council shall meet within thirty days after its certification has been accepted by the Commissioner and select from among its membership a chairman. The time, place, and manner of meeting shall be as provided by the rules of the State council, except that such rules must provide for not less than one public meeting each year at which the public is given opportunity to express views concerning the operation of programs and projects assisted under this title.