Education Amendments of 1984
PL 98-511 (S.2496), enacted 10/19/1984

98 STAT. 2366 
PUBLIC LAW 98-511—OCT. 19, 1984 
Public Law 98-511 
013 8^^ 
" 
' • ^ ? ^ 
98th Congress 
g: 
A n Act 
Oct. 19, 1984 
To extend the authorization of appropriations for certain education programs, and T 
[S. 2496] 
for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
Education 
United States of America in Congress assembled, 
Amendments of 
1984. 
SHORT TITLE 
20 use 2701 
SECTION 1. This Act may be cited as the "Education Amendments 
note. 
of 1984". 
TITLE I—ADULT EDUCATION ACT AMENDMENTS 
STATEMENT OF PURPOSE 
20 use 1201. 
SEC. 101. Section 302 of the Adult Education Act (20 U.S.C. 1201 et 
seq.), hereafter in this title referred to as "the Act", is amended— 
(1) by inserting after "basic" in clause (1) the following: 
"literacy", and 
(2) by inserting after "training" in clause (3) the following: 
"and education". 
DEFINITIONS 
20 use 1202. 
SEC. 102. (a) Section 303(a) of the Act is amended to read as 
follows: 
"(a) The term 'adult' means an individual who has attained 16 
years of age or who is beyond the age of compulsory school attend-
ees^, p. 2367. 
ance under State law, except that for the purpose of section 305(a), 
the term 'adult' means an individual 16 years of age or older.". 
(b) Section 303(b) of the Act is amended to read as follows: 
"(b) The term 'adult education' means instruction or services 
below the college level for adults who do not have— 
"(1) the basic skills to enable them to function effectively in 
society; or 
"(2) a certificate of graduation from a school providing second-
ary education (and who have not achieved an equivalent level of 
education).". 
(c) Section 303(d) of the Act is amended to read £is follows: 
"(d) The term 'Secretary' means the Secretary of Education.". 
(d) Section 303(g) of the Act is amended to read as follows: 
"(g) The term 'State' includes, in addition to the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, the Northern Mariana 
Islands, and the Trust Territory of the Pacific Islands.". 
(e) Section 303(j) of the Act is amended by striking out "section 
801(e) of the Elementary and Secondary Education Act of 1965" and 
inserting in lieu thereof "section 481 of the Higher Education Act of 
1965". 
(f) The Act is amended— 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2367 
(1) by striking out "Commissioner" each time it appears, 
20 USC 1202 et 
except the second time it appears in section 311(c), and inserting ''"^^ 
in heu thereof "Secretary"; and 
(2) by striking out "Commissioners" in section 308(b) and 
20 use 1207. 
inserting in lieu thereof "Secretary". 
STATE GRANTS 
SEC. 103. (a) Section 304(a) of the Act is amended— 
20 use 1203. 
(1) by striking out "estabhshment of expansion" each time it 
appears and inserting in lieu thereof "establishment or expan-
sion"; and 
(2) by striking out "nonprofit" each time it appears. 
(b) Section 304(a) of the Act is amended— 
(1) by inserting (1) after the subsection designation; 
(2) by redesignating clauses (1) and (2) as clauses (A) and (B); 
and 
(3) by adding at the end thereof the following new paragraph: 
"(2) Grants provided under this section may not be used to carry 
out programs by a for-profit agency, organization, or institution 
unless such agency, organization, or institution (A) can make a 
significant contribution to attaining the objectives of this Act, and 
(B) can provide substantially equivalent education at a lesser cost or 
can provide services and equipment not available in public institu-
tions. Whenever the establishment or expansion of programs is 
carried out by a for-profit agency, organization, or institution, the 
State educational agency or eligible applicant shall enter into a 
contract with such agency, organization, or institution, for the 
establishment or expansion of such programs.". 
STATE ALLOTMENTS 
SEC. 104. (a) Section 305(a) of the Act is amended— 
20 use 1204. 
(1) by striking out "From" and inserting in lieu thereof 
"Subject to the last sentence of this subsection, from"; 
(2) by striking out "not more than 1 per centum thereof 
among" in clause (1) and inserting in lieu thereof "$100,000 
each to"; and 
(3) by striking out "$150,000" in clause (2) and inserting in 
lieu thereof "$250,000". 
(b) The last sentence of section 305(a) of the Act is amended to 
read as follows: "No State shall be allotted in any fiscal year 
beginning after September 30, 1984, an amount less than that State 
received for fiscal year 1984.". 
STATE PLANS 
SEC. 105. (a) Section 306(aXl) of the Act is amended by striking out 
20 USC 1205. 
"section 434" and inserting in lieu thereof "section 435". 
(b) Section 306(b) of the Act is amended— 
(1) by striking out "and" at the end of clause (13); 
(2) by striking out clause (14) and inserting in lieu thereof the 
following: 
"(14) provide such information about the State's adult educa-
tion students, programs, expenditures, and goals as the Secre-
tary may require, together with information with respect to the 
age, sex, and race of students in the programs assisted under 
this Act and whether the students complete such programs; and 
98 STAT. 2368 
PUBLIC LAW 98-511—OCT. 19, 1984 
"(15) provide such further assurances and information as the 
Secretary may require.". 
PAYMENTS 
20 use 1206. 
SEC. 106. Section 307(b) of the Act is amended by inserting "(1)" 
after the subsection designation and by adding at the end thereof 
the following new paragraph: 
"(2) The Secretary may waive, for one fiscal year only, the require-
ments of paragraph (1) of this subsection, if the Secretary deter-
mines that such a waiver would be equitable due to exceptional or 
uncontrollable circumstances such as a natural disaster or a precipi-
tous and unforeseen decline in the financial resources of the State 
educational agency.". 
.., 
ADMINISTRATION OF STATE PLANS 
20 use 1207. 
SEC. 107. Section 308 of the Act is amended to read as follows: 
20 u s e 1234b, 
1234c. 
20 u s e 1207a. 
Grants. 
eontracts with 
U.S. 
20 u s e 1221e. 
ADMINISTRATION OF STATE PLANS 
"SEC. 308. Whenever the Secretary has reason to believe that, in 
administering its State plan, a State has failed to comply substan-
tially with any provision of that State plan, the Secretary may take 
appropriate action under sections 453 and 454 of the General Educa-
tion Provisions Act.". 
NATIONAL PROGRAMS 
SEC. 108. Section 309 of the Act is amended to read as follows: 
"RESEARCH, DEVELOPMENT, DEMONSTRATION, DISSEMINATION, AND 
EVALUATION 
"SEC. 309. (aXD The Secretary shall, with funds set aside under 
section 3140b), support applied research, development, demonstra-
tion, dissemination, evaluation, and related activities which will 
contribute to the improvement and expansion of adult education in 
the United States. The activities required by this subsection may 
include— 
"(A) improving adult education opportunities for elderly indi-
viduals and adult immigrants, 
"(B) evaluating educational technology and computer soft-
ware suitable for providing instruction to adults, and 
"(C) supporting exemplary cooperative adult education pro-
grams which combine the resources of businesses, schools and 
community organizations. 
"(2XA) The Secretary may support such activities directly, or 
through grants to, or contracts or cooperative agreements with, 
public or private institutions, agencies, or organizations, or individ-
uals, including business concerns. 
"(B) Whenever the Secretary makes a grant or enters into a 
contract or cooperative agreement with any private for-profit insti-
tution, agency, organization, individual, or business concern, the 
Secretary shall assure that participants in the program assisted 
under this subsection are not charged for their participation. 
"(b) In addition to the responsibilities of the Director under 
section 405 of the General Education Provisions Act, the Director of 
the National Institute of Education may, with funds available under 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2369 
that section or with funds set aside under section 314(b) of this Act, ^"/^" 
support research on the special needs of individuals requiring adult 
education. The Director may support such research directly, or S^^^ ^^. 
.. 
through grants to, or contracts or cooperative agreements with, jf^ ^^^ ^ ^^ 
public or private institutions, agencies, or organizations, or individ-
uals.". 
REPEALS AND REDESIGNATIONS 
SEC. 109. (aXD Sections 311 and 318 of the Act are repealed. 
(2) Sections 312, 313, 314, 315, and 316 of the Act are redesignated 
as sections 311, 312,313,314, and 315, respectively. 
(b) Section 431A of the General Education Provisions Act is 
repealed. 
STATE ADVISORY COUNCILS 
SEC. 110. Section 311 of the Act (as redesignated by section 109) is 20 use 1208b. 
amended to read as follows: 
20 u s e 1208a, 
1211c. 
20 u s e 1208b, 
1209, 1210, 1211, 
1211a. 
20 u s e 1232-1. 
STATE ADVISORY COUNCILS 
"SEC. 311. Any State may use funds granted under section 304 to 
support a State advisory council which assists the State educational 
agency to plan, implement, or evaluate programs or activities 
Eissisted under this Act.". 
Ante, p. 2367. 
NATIONAL ADVISORY COUNCIL ON ADULT EDUCATION 
SEC. 111. Section 312 of the Act (as redesignated by section 109) is 20 use 1209. 
amended by striking out "1984" and inserting in lieu thereof "1988". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 112. Section 314 of the Act (as redesignated by section 109) is 20 use 1211. 
amended to read as follows: 
APPROPRIATIONS AUTHORIZED 
"SEC. 314. (a) For the purpose of canying out this title there are 
authorized to be appropriated $140,000,000 for fiscal year 1985 and 
such sums as may be necessary for each of the three succeeding 
fiscal years. 
"Ot)Xl) From the amount appropriated pursuant to subsection (a) 
for any fiscal year the Secretary may set aside not to exceed 5 per 
centum of that amount for programs under section 309. The remain- Ante, p. 2496. 
der of the amount appropriated in each fiscal year shall be available 
for grants made under section 304. 
Ante, p. 2367. 
"(2) No set aside may be made pursuant to paragraph (1) of this 
subsection in any fiscal year in which the amount appropriated 
pursuant to subsection (a) of this section is less than $112,000,000.". 
TITLE II—REVISION OF THE BILINGUAL EDUCATION ACT 
SEC. 201. The Bilingual Education Act (20 U.S.C. 3221 et seq.) is 
amended to read as follows: 
98 STAT. 2370 
PUBLIC LAW 98-511—OCT. 19, 1984 
Bilingual 
"TITLE VII—BILINGUAL EDUCATION PROGRAMS 
Education Act. 
"SHORT TITLE 
20 use 3221. 
"SEC. 701. This title may be cited as the 'Bilingual Education Act'. 
"POLICY; APPROPRIATIONS 
20 use 3222. 
"SEC. 702. (a) Recognizing— 
"(1) that there are large and growing numbers of children of 
limited English proficiency; 
"(2) that many of such children have a cultural heritage 
which differs from that of English proficient persons; 
"(3) that the Federal Government has a special and continu-
ing obligation to assist in providing equal educational opportu-
nity to limited English proficient children; 
"(4) that the Federal Government has a special and continu-
ing obligation to assist language minority students to acquire 
the English language proficiency that will enable them to 
become full and productive members of society; 
"(5) that a primary means by which a child learns is through 
the use of such child's native language and cultural heritage; 
"(6) that, therefore, large numbers of children of limited 
English proficiency have educational needs which can be met by 
the use of bilingual educational methods and techniques; 
"(7) that in some school districts establishment of bilingual 
education programs may be administratively impractical due to 
the presence of small numbers of students of a particular native 
language or because personnel who are qualified to provide 
bilingual instructional services are unavailable; 
"(8) that States and local school districts should be encour-
aged to determine appropriate curricula for limited English 
proficient students within their jurisdictions and to develop and 
implement appropriate instructional programs; 
"(9) that children of limited English proficiency have a high 
dropout rate and low median years of education; 
"(10) that the segregation of many groups of limited English 
proficient students remains a serious problem; 
"(11) that both limited English proficient children and chil-
dren whose primary language is English can benefit from bilin-
gual education programs, and that such programs help develop 
our national linguistic resources; 
"(12) that research, evaluation, and data collection capabili-
ties in the field of bilingual education need to be strengthened 
so as to better identify and promote those programs and instruc-
tional practices which result in effective education; 
"(13) that parent and community participation in bilingual 
education programs contributes to program effectiveness; and 
"(14) that because of limited English proficiency, many adults 
are not able to participate fully in national life, and that limited 
English proficient parents are often not able to participate 
effectively in their children's education, 
the Congress declares it to be the policy of the United States, in 
order to establish equal educational opportunity for all children and 
to promote educational excellence (A) to encourage the establish-
ment and operation, where appropriate, of educational programs 
using bilingual educational practices, techniques, and methods, (B) 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2371 
to encourage the establishment of special alternative instructional 
programs for students of limited English proficiency in school dis-
tricts where the establishment of bilingual education programs is 
not practicable or for other appropriate reasons, and (C) for those 
purposes, to provide financial assistance to local educational agen-
cies, and, for certain related purposes, to State educational agencies, 
institutions of higher education, and community organizations. The 
programs assisted under this title include programs in elementary 
and secondary schools as well as related preschool and adult pro-
grams which are designed to meet the educational needs of individ-
uals of limited English proficiency, with particular attention to 
children having the greatest need for such programs. Such programs 
shall be designed to enable students to achieve full competence in 
English. Such programs may additionally provide for the develop-
ment of student competence in a second language. 
"(b)(1) For the purposes of carrying out the provisions of this title. Appropriation 
there are authorized to be appropriated for fiscal year 1985 and each authorization. 
of the three succeeding years such sums as may be necessary, 
subject to paragraph (7). 
"(2) There are further authorized to be appropriated to carry out 
the provisions of section 732, such sums as may be necessary for Post, p. 2380. 
fiscal year 1985 and each of the three succeeding fiscal years, subject 
to paragraph (7). 
"(3) From the sums appropriated under paragraph (1) for any 
fiscal year which do not exceed $140,000,000, the Secretary shall 
reserve 4 percent for special alternative instructional programs and 
related activities authorized under this Act. From the sums appro- Ante, p. 2369. 
priated under paragraph (1) for any fiscal year in excess of 
$140,000,000, the Secretary shall reserve 50 percent for special 
alternative instructional programs and related activities authorized 
under this Act, except that the amount of funds reserved for special 
alternative instructional programs and related activities pursuant 
to this paragraph shall not exceed 10 percent of the funds appropri-
ated under paragraph (1). 
"(4) From the sums appropriated under paragraph (1) for any 
fiscal year, the Secretary shall reserve at least 60 percent for the 
programs carried out under part A of this Act; and of this amount, Post, p. 2374. 
at least 75 percent shall be reserved for the programs of transitional 
bilingual education carried out under section 721(aXl). 
Post, p. 2374. 
"(5) From the sums appropriated under paragraph (1) for any 
fiscal year, the Secretary shall reserve at least 25 percent for 
training activities carried out under part C. 
Post, p. 2383. 
"(6) The Secretary shall reserve from the amount not reserved 
pursuant to paragraphs (4) and (5) of this subsection such amount as 
may be necessary, but not in excess of 1 percent thereof, for the 
purposes of section 752. 
Post, P- 2386. 
"(7) Notwithstanding paragraphs (1) and (2), no amount in excess 
of $176,000,000 is authorized to be appropriated to carry out the 
provisions of this title (including section 732) for fiscal year 1985. Post, p. 2380. 
"DEFINITIONS; REGULATIONS 
"SEC. 703. (a) The following definitions shall apply to the terms 20 use p. 3228. 
used in this title: 
"(1) The terms 'limited English proficiency' and 'limited Eng-
lish proficient' when used with reference to individuals means— 
98 STAT. 2372 
PUBLIC LAW 98-511—OCT. 19, 1984 
"(A) individuals who were not born in the United States 
or whose native language is a language other than English; 
"(B) individuals who come from environments where a 
- 
language other than English is dominant, as further de-
fined by the Secretary by regulation; and 
"(C) individuals who are American Indian and Alaskan 
Natives and who come from environments where a lan-
guage other than English has had a significant impact on 
their level of English language proficiency, subject to such 
regulations as the Secretary determines to be necessary; 
and who, by reason thereof, have sufficient difficulty speaking, 
reading, writing, or understanding the English language to 
deny such individuals the opportunity to learn successfully in 
classrooms where the language of instruction is English or to 
participate fully in our society. 
"(2) The term 'native language', when used with reference to 
an individual of limited English proficiency, means the lan-
guage normally used by such individuals, or in the case of a 
child, the language normally used by the parents of the child. 
"(3) The term 'low-income' when used with respect to a family 
means an annual income for such a family which does not 
exceed the poverty level determined pursuant to section 
111(c)(2) of title I of the Elementary and Secondary Education 
2
0 use 2711. 
Act of 1965. 
"(4)(A) The term 'program of transitional bilingual education' 
means a program of instruction, designed for children of limited 
English proficiency in elementary or secondary schools, which 
provides, with respect to the years of study to which such 
program is applicable, structured English language instruction, 
and, to the extent necessary to allow a child to achieve compe-
tence in the English language, instruction in the child's native 
language. Such instruction shall incorporate the cultural herit-
age of such children and of other children in American society. 
Such instruction shall, to the extent necessary, be in all courses 
or subjects of study which will allow a child to meet grade-
promotion and graduation standards. 
"(B) In order to prevent the segregation of children on the 
basis of national origin in programs of transitional bilingual 
education, and in order to broaden the understanding of chil-
dren about languages and cultural heritages other than their 
own, a program of transitional bilingual education may include 
the participation of children whose language is English, but in 
no event shall the percentage of such children exceed 40 per-
cent. The program may provide for centralization of teacher 
training and curriculum development, but it shall serve such 
children in the schools which they normally attend. 
"(C) In such courses or subjects of study as art, music, and 
physical education, a program of transitional bilingual educa-
tion shall make provision for the participation of children of 
limited English proficiency in regular classes. 
"(D) Children enrolled in a program of transitional bilingual 
education shall, if graded classes are used, be placed, to the 
extent practicable, in classes with children of approximately the 
same age and level of educational attainment. If children of 
significantly varying ages or levels of educational attainment 
are placed in the same class, the program of transitional bilin-
gual education shall seek to insure that each child is provided 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2373 
with instruction which is appropriate for his or her level of 
educational attainment. 
"(5XA) The term 'program of developmental bilingual educa-
tion' means a full-time program of instruction in elementary 
and secondary schools which provides, with respect to the years 
of study to which such program is applicable, structured Eng-
lish-language instruction and instruction in a second language. 
Such programs shall be designed to help children achieve com-
petence in English and a second language, while mastering 
subject matter skills. Such instruction shall, to the extent neces-
sary, be in all courses or subjects of study which will allow a 
child to meet grade-promotion and graduation standards. 
"(B) Where possible, classes in programs of developmental 
bilingual education shall be comprised of approximately equal 
numbers of students whose native language is English and 
limited English proficient students whose native language is the 
second language of instruction and study in the program. 
"(6) The term 'special alternative instructional programs' 
means programs of instruction designed for children of limited 
English proficiency in elementary and secondary schools. Such 
programs are not transitional or developmental bilingual educa-
tion programs, but have specially designed curricula and are 
appropriate for the particular linguistic and instructional needs 
of the children enrolled. Such programs shall provide, with 
respect to the years of study to which such program is applica-
ble, structured English language instruction and special instruc-
tional services which will allow a child to achieve competence in 
the English language and to meet grade-promotion and gradua-
tion standards. 
"(7) The term 'family English literacy program' means a 
program of instruction designed to help limited English profi-
cient adults and out-of-school youth achieve competence in the 
English language. Such programs of instruction may be con-
ducted exclusively in English or in English and the student's 
native language. Where appropriate, such programs may in-
clude instruction on how parents and family members can 
facilitate the educational achievement of limited English profi-
cient children. To the extent feasible, preference for participa-
tion in such programs shall be accorded to the parents and 
immediate family members of children enrolled in programs 
assisted under this title. 
"(8) The term 'programs of academic excellence' means pro-
grams of transitional bilingual education, developmental bilin-
gual education, or special alternative instruction which have an 
established record of providing effective, academically excellent 
instruction and which are designed to serve as models of exem-
plary bilingual education programs and to facilitate the dissemi-
nation of effective bilingual educational practices. 
"(9) The term 'Office' means the Office of Bilingual Education 
and Minority Language Affairs. 
"(10) The term Director' means the Director of the Office of 
Bilingual Education and Minority Languages Affairs. 
"(11) The term 'Council' means the National Advisory and 
Coordinating Council on Bilingual Education. 
"(12) The term 'Secretary' means the Secretary of Education. 
"(13) The term 'other programs for persons of limited English 
proficiency' when used in this title means any programs within 
98 STAT. 2374 
PUBLIC LAW 98-511—OCT. 19, 1984 
Ante, p. 2477. 
20 use 1205. 
20 use 351d. 
Regulations. 
the Department of Education directly involving bilingual educa-
tion activities serving persons of limited English proficiency, 
such as the programs carried out in coordination with the 
provisions of this title pursuant to part E of title IV of the Carl 
D. Perkins Vocational Education Act, and section 306(aXll) of 
the Adult Education Act, and programs and projects serving 
areas with high concentrations of persons of limited English 
proficiency pursuant to section 6(b)(4) of the Library Services 
and Construction Act. 
"(b)(1) In prescribing regulations under this title, the Secretary 
shall, through the National Advisory and Coordinating Council on 
Bilingual Education, consult with State and local educational agen-
cies, organizations representing persons of limited English profi-
ciency, and organizations representing teachers and other personnel 
involved in bilingual education. 
"(2) The Secretary shall not prescribe under this title any regula-
tions further defining the terms defined in paragraphs (4), (5), (6), (7), 
and (8) of subsection (a), or any regulations restricting or expanding 
the definitions contained in such paragraphs. 
"(c) Parents of children participating in programs assisted under 
this title shall be informed of the instructional goals of the program 
and the progress of their children in such program. 
'PART A—FINANCIAL ASSISTANCE FOR BIUNGUAL EDUCATION 
PROGRAMS 
BILINGUAL EDUCATION PROGRAMS 
Grants. 
"SEC. 721. (a) Funds available for grants under this part shall be 
20 use 3231. 
used for the establishment, operation, and improvement of— 
"(1) programs of transitional bilingual education; 
"(2) programs of developmental bilingual education; 
"(3) special alternative instructional programs for students of 
limited English proficiency; 
"(4) programs of academic excellence; 
"(5) family English literacy programs; 
"(6) bilingual preschool, special education, and gifted and 
talented programs preparatory or supplementary to programs 
such as those assisted under this Act; and 
"(7) programs to develop instructional materials in languages 
for which such materials are commercially unavailable. 
"(b)(1)(A) A grant may be made under subsection (a) (1), (2), (3), or 
(4) of this section only upon application therefore by one or more 
local educational agencies or by institutions of higher education, 
including junior or community colleges, applying jointly with one or 
more local educational agencies. 
"(B) A grant may be made under subsection (a) (5) or (6) only upon 
application therefore by one or more local educational agencies; 
institutions of higher education, including junior or community 
colleges; and private nonprofit organizations, applying separately or 
jointly. 
"(cXD Any application for a grant authorized under subsection (a) 
of this section shall be made to the Secretary at such time, and in 
such manner, as the Secretary deems appropriate. 
"(2) Applications for grants authorized under subsections (aXD, 
(aX2), and (aX3) of this section, shall contain information regard-
ing— 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2375 
"(A) the number of children enrolled in programs conducted 
by the local educational agency; 
"(B) the number of children residing in the area served by the 
local educational agency who are enrolled in private schools; 
"(C)(i) the number of children enrolled in public and private 
schools in the area served by the local educational agency who 
are limited in their English proficiency; (ii) the method used by 
the applicant to make this determination; and (iii) evidence of 
the educational condition of the limited English proficient stu-
dents, such as reading, mathematics, and subject matter test 
scores, and, where available, data on grade retention rates, 
rates of referral to or placement in special education programs, 
and student dropout rates; 
"(D) the number of limited English proficient children who 
are enrolled in instructional programs specifically designed to 
meet their educational needs, as well as descriptions of such 
programs; 
"(E) the number of limited English proficient children 
enrolled in public or private schools in the area served by the 
local educational agency who need or could benefit from educa-
tion programs such as those assisted under this title; 
"(F) the number of children who are to receive instruction 
through the proposed program and the extent of their educa-
tional needs; 
"(G) a statement of the applicant's ability to serve children of 
limited English proficiency, including an assessment of the 
qualifications of personnel who will participate in the proposed 
project and of the need for further training of such personnel; 
"(H) the resources needed to develop and operate or improve 
the proposed program; 
"(I) the activities which would be undertaken under the grant 
and how these activities will improve the educational attain-
ment of students and expand the capacity of the applicant to 
operate programs such as those £issisted under this Act when 
Federal assistance under this section is no longer available; and 
"(J) the specific educational goals of the proposed program 
and how achievement of these goals will be measured. 
"(3) Applications for grants authorized under subsection (a)(3) of 
this section from applicants who desire to obtain priority in the 
awarding of such grants may contain information regarding (A) the 
administrative impracticability of establishing a bilingual education 
program due to the presence of small number of students of a 
particular native language, (B) the unavailability of personnel quali-
fied to provide bilingual instructional services, or (C) the applicant's 
current or past efforts to establish a bilingual education program. 
"(4) Applications for grants authorized under subsection (a)(4) 
shall contain information regarding— 
"(A) the number of children served by the existing bilingual 
education program and evidence of their educational condition 
prior to enrollment in the program; 
"(B) a description of the existing program as well as the 
educational background and linguistic competencies of program 
personnel; 
"(C) the extent to which the program has promoted student 
academic achievement as indicated by objective evidence, such 
as improvements in language, mathematics, and subject matter 
test scores; grade retention rates; rates of referral to or place-
98 STAT. 2376 
PUBLIC LAW 98-511—OCT. 19, 1984 
ment in special education programs; student dropout rates; and, 
where appropriate, postsecondary education and employment 
experiences of students; 
"(D) the extent of parent involvement in and satisfaction with 
the existing bilingual education program; and 
"(E) how the activities carried out under the grant would 
utilize and promote programs of academic excellence which 
employ 
bilingual 
educational 
practices, 
techniques, 
and 
methods. 
"(5) Applications for grants authorized under subsection (a)(5) 
shall contain information regarding— 
"(A) the number of limited English proficient parents and out-
of-school family members of limited English proficient students 
who would be served by the English literacy program; 
"(B) the activities which would be undertaken under the 
grant and how these activities will promote English literacy and 
enable parents and family members to assist in the education of 
limited English proficient children; 
"(C) the extent to which the persons to be served by the 
program have been involved in its development; 
"(D) applicant's prior experience and performance in provid-
ing educational programs to limited English proficient adults 
and out-of-school youth; 
"(E) with respect to applications by a local educational 
agency, the extent to which limited English proficient students 
enrolled in the educational agency are served by programs 
specifically designed to meet their needs; and 
"(F) with respect to other applicants, a description of how the 
applicant will coordinate its program with a local education 
agency to ensure that the program will help limited English 
proficient family members promote the academic progress of 
limited English proficient children. 
"(d)(1)(A) Grants made pursuant to subsections (aXD, (aX2), and 
(a)(3) of this section shall be for three years. 
"(B) During the first six months of grants made pursuant to 
subsections (a)(1), (aX2), and (aX3) of this section, an applicant shall 
engage exclusively in preservice activities. Such activities may in-
clude program design, materials development, staff recruitment and 
training, development of evaluation mechanisms and procedures, 
and the operation of programs to involve parents in the educational 
program and to enable parents and family members to assist in the 
education of limited English proficient children. This subparagraph 
may be waived by the Secretary upon a determination that an 
applicant is prepared to operate successfully the proposed instruc-
tional program. 
"(C) Upon reapplication, grants authorized under subsections 
(aXl), (aX2), and (aX3) of this section shall be renewed for two 
additional years unless the Secretary determines that— 
"(i) the applicant's program does not comply with the require-
ments set out in this title; 
"(ii) the applicant's program has not made substantial 
progress in achieving the specific educational goals set out in 
the original application; or 
"(iii) there is no longer a need for the applicant's program. 
"(D) Parents or legal guardians of students identified for enroll-
ment in bilingual education programs shall be informed of (i) the 
reasons for the selection of their child as in need of bilingual 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2377 
education, (ii) the alternative educational programs that are avail-
able, and (iii) the nature of the bilingual education program and of 
the instructional alternatives. Parents shall also be informed that 
they have the option of declining enrollment of their children in 
such programs and shall be given an opportunity to do so if they so 
choose. 
"(2) Grants made pursuant to subsections (a)(4) and (a)(5) shall be 
for three years. 
"(3) Grants made pursuant to subsections (a)(6) and (a)(7) shall be 
for a period of one to three years. 
"(e) An application for a grant authorized under subsections (a)(1), 
(a)(2), and (a)(3) of this section shall— 
"(1) be developed in consultation with an advisory council, of 
which a majority shall be parents and other representatives of 
the children to be served in such programs, in accordance with 
criteria prescribed by the Secretary; 
"(2) be accompanied by documentation of such consultation 
and by the comments which the Council makes on the 
application; 
"(3) contain assurances that, after the application has been 
approved, the applicant will provide for the continuing consul-
tation with, and participation by, the committee of parents, 
teachers, and other interested individuals which shall be se-
lected by and predominantly composed of parents of children 
participating in the program, and in the case of programs 
carried out in secondary schools, representatives of the second-
ary students to be served; and 
"(4) include evidence that the State educational agency has 
been notified of the application and has been given the opportu-
nity to offer recommendations thereon to the applicant and to 
the Secretary. 
"(f) An application for a grant under subsections (aXD, (aX2), and 
(a)(3) of this section may be approved only if the Secretary 
determines— 
"(1) that the program will use qualified personnel, including 
only those personnel who are proficient in the language or 
languages used for instruction; 
"(2) that in designing the program for which application is 
made, the needs of the children in nonprofit private elementary 
and secondary schools have been taken into account through 
consultation with appropriate private school officials; and, con-
sistent with the number of such children enrolled in such 
schools in the area to be served whose educational needs are of 
the type and whose language and grade levels are of a similar 
t5rpe which the program is intended to address, after consulta-
tion with appropriate private school officials, provision has been 
made for the participation of such children on a basis compara-
ble to that provided for public school children; 
"(3) that the program will be evaluated in accordance with a 
plan that meets the requirements of section 733 of this title; Post, p. 2381. 
"(4) that Federal funds made available for the project or 
activity will be used so as to supplement the level of State and 
local funds that, in the absence of those Federal funds, would 
have been expended for special programs for children of limited 
English proficiency and in no case to supplant such State and 
local funds, except that nothing in this clause shall— 
31-194 - 0 
86 - 39 : 
QL. 3 Part 2 
98 STAT. 2378 
PUBLIC LAW 98-511—OCT. 19, 1984 
"(A) preclude a local education agency from using funds 
under this title for activities carried out under an order of a 
court of the United States or of any State respecting serv-
ices to be provided such children, or to carry out a plan 
approved by the Secretary as adequate under title VI of the 
42USC2000d. 
Civil Rights Act of 1964 with respect to services to be 
provided such children; or 
"(B) authorize any priority or preference to be assigned 
by the Secretary to the funding of the activities under this 
title; 
"(5) that the assistance provided under the application will 
contribute toward building the capacity of the applicant to 
provide a program on a regular basis, similar to that proposed 
for assistance, which will be of sufficient size, scope, and quality 
to promise significant improvement in the education of children 
of limited English proficiency, and that the applicant will have 
the resources and commitment to continue the program when 
assistance under this title is reduced or no longer available; 
"(6) that the applicant will provide or secure training for 
personnel participating, or preparing to participate, in the pro-
gram and that, to the extent possible, college or university 
credit will be awarded for such training; and 
"(7) that the provision of assistance proposed in the applica-
tion is consistent with criteria established by the Secretary, 
after consultation with the State educational agency, for the 
purpose of achieving an equitable distribution of assistance 
under this part within the State in which the applicant is 
located, taking into consideration— 
"(A) the geographic distribution of children of limited 
English proficiency; 
"(B) the relative need of persons in different geographic 
areas within the State for the kinds of services and activi-
ties authorized under this title; 
"(C) and with respect to grants to carry out programs 
described in subsections (aXD, (aX2), and (aX3) of this sec-
tion, the relative ability of particular local educational 
agencies within the State to provide such services and 
activities; and 
"(D) with respect to such grants, the relative numbers of 
persons from low-income families sought to be benefited by 
such programs. 
"(g) An application for a grant under subsection (aX3) of this 
section may receive priority based upon the information provided by 
the applicant pursuant to clause (A), (B), or (C) of subsection (cX3) of 
this section. 
"(h) In the consideration of applications from local educational 
agencies to carry out programs authorized under this section, the 
Secretary shall give priority to applications from local educational 
agencies which are located in various geographical regions of the 
Nation and which propose to sissist children of limited English 
proficiency who have historically been underserved by programs of 
bilingual education, taking into consideration the relative numbers 
of such children in the schools of such local educational agencies 
and the relative need for such programs. In approving such applica-
tions, the Secretary shall, to the extent feasible, allocate funds 
appropriated in proportion to the geographical distribution of chil-
dren of limited English proficiency throughout the Nation, with due 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2379 
regard for the relative ability of particular local educational agen-
cies to carry out such programs and the relative numbers of persons 
from low-income families sought to be benefited by such programs. 
"(i) Programs authorized under this title in the Commonwealth of 
Puerto Rico may, notwithstanding any other provision of this title, 
include programs of instruction, teacher training, curriculum devel-
opment, research, evaluation, and testing designed to improve the 
English proficiency of children, and may also make provision for 
serving the needs of students of limited proficiency in Spanish. 
"(j) If the Secretary determines that an applicant for assistance 
under this title is unable or unwilling to provide for the participa-
tion in the program for which assistance is sought of children of 
limited English proficiency enrolled in nonprofit, private schools, as 
required by subsection (0(2) of this section, the Secretary shall— 
"(1) withhold approval of such application until the applicant 
demonstrates that it is in compliance with those requirements; 
or 
"(2) reduce the amount of the grant to such applicant by the 
amount which is required for the Secretary to arrange (such as 
through a contract with a nonprofit, nonsectarian agency, orga-
nization, or institution) to assess the needs of the children in the 
area to be served for programs of the type authorized in this 
title and to carry out such programs for the children. 
43 u s e 1601 
note. 
INDIAN CHILDREN IN SCHOOLS 
"SEC. 722. (a) For the purpose of carrying out programs under this 20 USC 3232. 
title for individuals served by elementary, secondary, or postsecond-
ary schools operated predominantly for Indian or Alaskan Native 
children, an Indian tribe or a tribally sanctioned educational au-
thority may be considered to be a local educational agency as such 
term is used in this title, subject to the following qualifications: 
"(1) The term 'Indian tribe' means any Indian tribe, band, 
nation, or other organized group or community, including any 
Alaska Native village or regional or village corporation as 
defined in or established pursuant to the Alaskan Native 
Claims Settlement Act (85 Stat. 688) which is recognized for the 
special programs and services provided by the United States to 
Indians because of their status as Indians. 
"(2) The term 'tribally sanctioned educational authority' 
means any department or division of education operating 
within the administrative structure of the duly constituted 
governing body of an Indian tribe, as well as any nonprofit 
institution or organization which is chartered by the governing 
body of an Indian tribe to operate any such school or otherwise 
to oversee delivery of educational services to members of that 
tribe and which is approved by the Secretary for the purposes of 
this section. 
"(b) From the sums appropriated pursuant to section 702(b), the 
Secretary is authorized to make payments to the applicants to carry 
out programs of bilingual education for Indian children on reserva-
tions served by elementary and secondary schools operated or 
funded by the Bureau of Indian Affairs. 
"(c) The Assistant Secretary of the Interior for the Bureau of Report. 
Indian Affairs shall submit to the Congress, the President, and the 
Secretary by September 30 of each year an annual report which 
provides— 
98 STAT. 2380 
PUBLIC LAW 98-511—OCT. 19, 1984 
"(1) an assessment of the needs of the Indian children with 
respect to the purposes of this title in schools operated or 
funded by the Department of the Interior, including those tribes 
and local educational agencies receiving assistance under the 
Johnson-O'Malley Act (25 U.S.C. 452 et seq.); and 
"(2) an assessment of the extent to which such needs are being 
met by funds provided to such schools for educational purposes 
through the Secretary of the Interior. 
"PART B—DATA COLLECTION, EVALUATION, AND RESEARCH 
USE OF FUNDS 
20 use 3241. 
"SEC. 731. Funds available under this part shall be used for (1) 
collecting data on the number of limited English proficient persons 
and the educational services available to such persons, (2) evaluat-
ing the operation and effectiveness of programs assisted under this 
title, (3) conducting research to improve the effectiveness of bilin-
gual education programs, and (4) collecting, analyzing, and dissemi-
nating data and information on bilingual education. 
"GRANTS FOR STATE PROGRAMS 
20 use 3242. 
"SEC. 732. (a) Upon an application from a State educational 
agency, the Secretary shall make provision for the submission and 
approval of a State program for the collection, aggregation, analysis, 
and publication of data and information on the State's population of 
limited English proficient persons and the educational services pro-
vided or available to such persons. 
Report. 
"(b) State programs under this part shall provide for the annual 
Regulations. 
submission of a report to the Secretary containing data and informa-
tion on such matters as the Secretary shall, by regulation, deter-
mine necessary and proper to achieve the purposes of this title. 
Ante, p. 2374. 
including the matters specified in section 721(c)(2). Such reports 
shall be in such form and shall be submitted on such date as the 
Public 
Secretary shall specify by regulation. State programs shall provide 
information. 
for 
the dissemination of information regarding these matters to the 
public, and particularly to persons of limited English proficiency. 
"(c) State programs authorized under this section may also pro-
vide for— 
"(1) the planning and development of educational programs 
such as those assisted under this title; 
"(2) the review and evaluation of programs of bilingual educa-
tion, including bilingual education programs that are not 
funded under this title; 
"(3) the provision, coordination, or supervision of technical 
and other forms of nonfinancial assistance to local educational 
agencies, community organizations, and private elementary and 
secondary schools that serve limited English proficient persons; 
"(4) the development and administration of instruments and 
procedures for the assessment of the educational needs and 
competencies of persons of limited English proficiency; 
"(5) the training of State and local educational agency staff to 
carry out the purposes of this title; and 
"(6) other activities and services designed to build the capac-
ity of State and local educational agencies to serve the educa-
tional needs of persons of limited English proficiency. 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2381 
"(d) Except as provided in the second sentence of this subpara-
graph, the Secretary shall pay from the amounts appropriated for 
the purposes of this section pursuant to section 702(b)(2) for each Ante, p. 2370. 
fiscal year to each State educational agency which has a State 
program submitted and approved under subsection (a) of this section 
such sums as may be necessary for the proper and efficient conduct 
of such State program. The amount paid by the Secretary to any 
State educational agency under the preceding sentence for any fiscal 
year shall not be less than $50,000 nor greater than 5 percent of the 
aggregate of the amounts paid under section 721 for programs Ante, p. 2374. 
within such State in the fiscal year preceding the fiscal year to 
which this limitation applies. 
"(e) Funds made available under this section for any fiscal year 
shall be used by the State educational agency to supplement and, to 
the extent practical, to increase the level of funds that would, in the 
absence of such funds, be made available by the State for the 
purposes described in this section, and in no case to supplant such 
funds. 
PROGRAM EVALUATION REQUIREMENTS 
Regulations. 
20 u s e 3243. 
"SEC. 733. (a) The Secretary shall issue, within six months of the 
date of enactment of this section, regulations which set forth a 
comprehensive design for evaluating the programs assisted under 
part A of this title. Such regulations shall be developed by the Ante, p. 2
3
7
4 
Director in consultation with the National Advisory and Coordinat-
ing Council on Bilingual Education. Such regulations shall provide 
for the collection of information and data including— 
"(1) the educational background, needs, and competencies of 
the limited English proficient persons served by the program; 
"(2) the specific educational activities undertaken pursuant to 
the program; the pedagogical materials, methods, and tech-
niques utilized in the program; and with respect to classroom 
activities, the relative amount of instructional time spent with 
students on specified tasks; 
"(3) the educational and professional qualifications, including 
language competencies, of the staff responsible for planning and 
operating the program; and 
"(4) the extent of educational progress achieved through the 
program measured, as appropriate, by (A) tests of academic 
achievement in English language arts, and where appropriate, 
second language arts; (B) tests of academic achievement in 
subject matter areas; and (C) changes in the rate of student 
grade-retention, dropout, absenteeism, referral to or placement 
in special education classes, placement in programs for the 
gifted and talented, and enrollment in postsecondary education 
institutions. 
EVALUATION ASSISTANCE CENTERS 
"SEC. 734. The Secretary shall establish, through competitive 
grants to institutions of higher education, at least two evaluation 
assistance centers. Such centers shall provide, upon the request of 
State or local educational agencies, technical assistance regarding 
methods and techniques for identifying the educational needs and 
competencies of limited English proficient persons and assessing the 
educational progress achieved through programs such as those as-
Grants. 
20 u s e 3244. 
98 STAT. 2382 
PUBLIC LAW 98-511—OCT. 19, 1984 
sisted under this title. Grants made pursuant to this section shall be 
for a period of three years. 
Contracts with 
U.S. 
20 u s e 3245. 
Public 
information. 
RESEARCH 
"SEC. 735. (a) The Secretary shall, through competitive contracts 
under this section, provide financial assistance for research and 
development proposals submitted by institutions of higher educa-
tion, private for-profit and nonprofit organizations, State and local 
educational agencies, and individuals. 
"(b) Research activities authorized to be assisted under this sec-
tion shall include— 
"(1) studies to determine and evaluate effective models for 
bilingual education programs; 
"(2) studies which examine the process by which individuals 
acquire a second language and master the subject matter skills 
required for grade-promotion and graduation, and which 
identify effective methods for teaching English and subject 
matter skills within the context of a bilingual education pro-
gram or special alternative instructional program to students 
who have language proficiencies other than English; 
"(3) longitudinal studies to measure the effect of this title on 
the education of students who have language proficiencies other 
than English, and the effect of this title on the capacity of local 
educational agencies to operate bilingual programs following 
the termination of assistance under this title; 
"(4) studies to determine effective and reliable methods for 
identifying students who are entitled to services under this title 
and for determining when their English language proficiency is 
sufficiently well developed to permit them to derive optimal 
benefits from an all-English instructional program; 
"(5) the operation of a clearinghouse which shall collect, 
analyze, and disseminate information about bilingual education 
and related programs; 
"(6) studies to determine effective methods of teaching Eng-
lish to adults who have language proficiencies other than 
English; 
"(7) studies to determine and evaluate effective methods of 
instruction for bilingual programs, taking into account lan-
guage and cultural differences among students; and 
"(8) studies to determine effective approaches to preservice 
and inservice training for teachers, taking into account the 
language and cultural differences of their students. 
"(c) In carrying out the responsibilities of this section, the Secre-
tary may delegate authority to the Director, and in any event, shall 
consult with the Director, the National Advisory and Coordinating 
Council on Bilingual Education, representatives of State and local 
educational agencies, and appropriate groups and organizations in-
volved in bilingual education. 
"(d) The Secretary shall publish and disseminate all requests for 
proposals in research and development assisted under this title. 
20 u s e 3246. 
20 u s e 1221e. 
COORDINATION OF RESEARCH 
"SEC. 736. Notwithstanding section 405(b)(1) of the General Educa-
tion Provisions Act, the Director of the National Institute of Educa-
tion shall consult with the Director and the National Advisory and 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2383 
Coordinating Council on Bilingual Education to insure that research 
activities undertaken pursuant to section 405(bX2XC) of the General 
Education Provisions Act complement and do not duplicate the 
activities conducted pursuant to this part. 
EDUCATION STATISTICS 
"SEC. 737. (a) Notwithstanding section 406 of the General Educa-
tion Provisions Act, the National Center for Education Statistics 
shall collect and publish, as part of its annual report on the condi-
tion of education, data for States, Puerto Rico, and the Trust Terri-
tories with respect to the population of limited English proficient 
persons, the special educational services and programs available to 
limited English proficient persons, and the availability of educa-
tional personnel qualified to provide special educational services 
and programs to limited English proficient persons. 
"(b) In carrying out its responsibilities under this section, the 
National Center for Education Statistics shall utilize, to the extent 
feasible, data submitted to the Department of Education by State 
and local educational agencies and institutions of higher education 
pursuant to the provisions of this title. 
"PART C—TRAINING AND TECHNICAL ASSISTANCE 
Public 
information. 
20 u s e 3247. 
USE OF FUNDS 
"SEC. 741. (a) Funds available under this part shall be used for— 
"(1) the establishment, operation, and improvement of train-
ing programs for educational personnel preparing to participate 
in, or personnel participating in, the conduct of programs of 
bilingual education or special alternative instructional pro-
grams for limited English proficient students, which shall em-
phasize opportunities for career development, advancement, 
and lateral mobility, and may provide training to teachers, 
administrators, counselors, paraprofessionals, teacher aides, 
and parents; 
"(2) the training of persons to teach and counsel such persons; 
"(3) the encouragement of reform, innovation, and improve-
ment in applicable education curricula in graduate education, 
in the structure of the academic profession, and in recruitment 
and retention of higher education and graduate school faculties, 
as related to bilingual education; 
"(4) the operation of short-term training institutes designed to 
improve the skills of participants in programs of bilingual 
education or special alternative instructional programs for lim-
ited English proficient students; which may include summer 
programs designed to improve the instructional competence of 
educational personnel in the languages used in the program; 
and 
"(5) the provision of inservice training and technical assist-
ance to parents and educational personnel participating in, or 
preparing to participate in, bilingual education programs or 
special alternative instructional programs for limited English 
proficient students. 
"(bXD A grant or contract may be made under subsection (aXD, 
(aX2), or (aX3) of this section upon application of an institution of 
higher education. 
20 u s e 3251. 
Grants. 
eontracts with 
U.S. 
98 STAT. 2384 
PUBLIC LAW 98-511—OCT. 19, 1984 
"(2) A grant or contract may be made under subsection (a)(4) of 
this section upon application of (A) institutions of higher education 
(including junior colleges and community colleges) and private for-
profit or nonprofit organizations which apply, after consultation 
with, or jointly with, one or more local educational agencies or a 
State educational agency; (B) local educational agencies; or (C) a 
State educational agency. 
"(3) A grant or contract may be made under subsection (a)(5) of 
this section upon application of (A) institutions of higher education 
(including junior colleges and community colleges), (B) private for-
profit or nonprofit organizations, or (C) a State educational agency. 
"(c) An application for a grant or contract for preservice or 
inservice training activities described in subsection (a)(1) of this 
section shall be considered an application for a program of bilingual 
Ante, p. 2374. 
education for the purposes of section 721(e) of this title. 
"(d) In making a grant or contract for preservice training pro-
grams described in subsection (a)(1) of this section, the Secretary 
shall give preference to programs which contain coursework in— 
"(1) teaching English as a second language; 
"(2) use of a non-English language for instructional purposes; 
"(3) linguistics; and 
"(4) evaluation and assessment; 
and involving parents in the educational process. Preservice train-
ing programs shall be designed to ensure that participants become 
proficient in English and a second language of instruction. 
"MULTIFUNCTIONAL RESOURCE CENTERS 
Grants. 
"SEC. 742. (a) Pursuant to subsection (a)(5) of section 741, the 
Contracts with 
Secretary shall establish, through competitive grants or contracts, 
20 use S2'^2 
^^ least 16 multifunctional resource centers (hereafter in this section 
referred to as 'centers'). Grants and contracts shall be awarded with 
consideration given to the geographic and linguistic distribution of 
children of limited English proficiency. 
"(b) In addition to providing technical assistance and training to 
persons participating in or preparing to participate in bilingual 
education programs or special alternative instructional programs 
for limited English proficient students, each center shall be respon-
sible for gathering and providing information to other centers on a 
particular area of bilingual education, including (but not limited to) 
bilingual special education, bilingual education for gifted and tal-
ented limited English proficient students, bilingual vocational edu-
cation, bilingual adult education, bilingual education program ad-
ministration, literacy, education technology in bilingual programs, 
mathematics and science education in bilingual programs, counsel-
ing limited English proficient students, and career education pro-
grams for limited English proficient students. 
"FELLOWSHIPS 
20 use 3253. 
"SEC. 743. (a) Pursuant to subsection (a)(2) of section 741, the 
Secretary is authorized to award fellowships for advanced study of 
bilingual education or special alternative instructional programs for 
limited English proficient students in such areas as teacher train-
ing, program administration, research and evaluation, and curricu-
lum development. For the fiscal year ending September 30, 1985, not 
less than 500 fellowships leading to a graduate degree shall be 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2385 
awarded under the preceding sentence. Such fellowships shall be 
awarded, to the extent feasible, in proportion to the needs of various 
groups of individuals with limited English proficiency. In awarding 
fellowships, the Secretary shall give preference to individuals in-
tending to study bilingual education or special alternative instruc-
tional programs for limited English proficient students in the follow-
ing specialized areas: vocational education, adult education, gifted 
and talented education, special education, education technology, 
literacy, and mathematics and science education. The Secretary 
shall include information on the operation of the fellowship pro-
gram in the report required under section 751(c) of this title. 
"(b) The Secretary shall undertake an on-going longitudinal study 
of the impact of recipients of such fellowships on the field of 
bilingual education and alternative instructional programs for stu-
dents of limited English proficiency and shall, through the clearing-
house established pursuant to section 735(b)(5) of this title, dissemi-
nate research undertaken by recipients of such fellowships. 
"(c) Any person receiving a fellowship under this section shall 
agree either to repay such assistance or to work for a period 
equivalent to the period of time during which such person received 
assistance, and such work shall be in an activity related to programs 
and activities such as those authorized under this Act. The Secre-
tary may waive this requirement in extraordinary circumstances. 
Infra. 
Study. 
Public 
information. 
PRIORITY 
"SEC. 744. In making grants or contracts under this part, the 20 use 3254. 
Secretary shall give priority to eligible applicants with demon-
strated competence and experience in programs and activities such 
as those authorized under this Act. 
STIPENDS 
"SEC. 745. In the terms of any arrangement described in this part, 
the Secretary shall provide for the payment, to persons participat-
ing in training programs so described, of such stipends (including 
allowances for subsistence and other expenses for such persons and 
their dependents) as the Secretary may determine to be consistent 
with prevailing practices under comparable federally supported pro-
grams. 
"PART D—ADMINISTRATION 
20 u s e 3255. 
OFFICE OF BILINGUAL EDUCATION AND MINORITY LANGUAGES AFFAIRS 
"SEC. 751. (a) There shall be, in the Department of Education, an 
Office of Bilingual Education and Minority Languages Affairs (here-
after in this section referred to as the 'Office') through which the 
Secretary shall carry out functions relating to bilingual education. 
"(b)(1) The Office shall be headed by a Director of Bilingual 
Education and Minority Languages Affairs, appointed by the Secre-
tary, to whom the Secretary shall delegate all delegable functions 
relating to bilingual education. The Director shall also be assigned 
responsibility for coordinating the bilingual education aspects of 
other programs administered by the Secretary. 
"(2) The Office shall be organized as the Director determines to be 
appropriate in order to enable the Director to carry out such 
functions and responsibilities effectively, except that there shall be 
Establishment. 
20 u s e 3261. 
98 STAT. 2386 
PUBLIC LAW 98-511—OCT. 19, 1984 
Report. 
Ante, p. 2370. 
a division, within the Office, which is exclusively responsible for the 
collection, aggregation, analysis, and publication of data and infor-
mation on the operation and effectiveness of programs assisted 
under this title. 
"(c) The Secretary, in consultation with the Council, shall prepare 
and, not later than February 1 of 1986 and 1988, shall submit to the 
Congress and the President a report on the condition of bilingual 
education in the Nation and the administration and operation of this 
title and of other programs for persons of limited English profi-
ciency. Such report shall include— 
"(1) a national assessment of the educational needs of chil-
dren and other persons with limited English proficiency and of 
the extent to which such needs are being met from Federal, 
State, and local efforts; 
"(2) a plan, including cost estimates, to be carried out during 
the five-year period beginning on such date, for extending pro-
grams of bilingual education and bilingual vocational and adult 
education programs to all such preschool and elementary school 
children and other persons of limited English proficiency, in-
cluding a phased plan for the training of the necessary teachers 
and other educational personnel necessary for such purpose; 
"(3) a report on and evaluation of the activities carried out 
under this title during the preceding two fiscal years and the 
extent to which each of such activities achieves the policy set 
forth in section 702(a); 
"(4) a statement of the activities intended to be carried out 
during the succeeding period, including an estimate of the cost 
of such activities; 
"(5XA) an assessment of the number of teachers and other 
educational personnel needed to carry out programs of bilingual 
education under this title and those carried out under other 
programs for persons of limited English proficiency; 
"(B) a statement describing the activities carried out thereun-
der designed to prepare teachers and other educational person-
nel for such programs; and 
"(C) the number of other educational personnel needed to 
carry out programs of bilingual education in the States; and 
"(6) an estimate of the number of fellowships in the field of 
training teachers for bilingual education which will be neces-
sary for the two succeeding fiscal years. 
"(d) In order to maximize Federal efforts aimed at serving the 
educational needs of children of limited English proficiency, the 
Secretary shall coordinate and closely cooperate with other pro-
grams administered by the Department of Education, including such 
areas as teacher training, program content, research, and curricu-
lum. The Secretary's report under subsection (c) shall include dem-
onstration that such coordination has taken place. 
"(e) The Secretary shall ensure that the Office of Bilingual Educa-
tion and Minority Languages Affairs is staffed with sufficent person-
nel trained, or with experience in, bilingual education to discharge 
effectively the provisions of this title. 
Establishment. 
20 u s e 3262. 
NATIONAL ADVISORY AND COORDINATING COUNCIL ON BILINGUAL 
EDUCATION 
"SEC. 752. (a) Subject to part D of the General Education Provi-
sions Act, there shall be a National Advisory and (^Coordinating 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2387 
Council on Bilingual Education composed of twenty members ap-
pointed by the Secretary, one of whom shall be designated by the 
Secretary as Chairman. Members of the Council shall be persons 
experienced in dealing with the educational problems of children 
and other persons who are of limited English proficiency. Five 
members of the Council shall be State directors of bilingual educa-
tion programs, at least three of whom shall represent States with 
large populations of limited English proficient students. Two mem-
bers of the Council shall be experienced in research on bilingual 
education or evaluation of bilingual education programs. One 
member of the Council shall be experienced in research on methods 
of alternative instruction for language minority students or evalua-
tion of alternative methods of instruction for such students. One 
member of the council shall be a classroom teacher of demonstrated 
teaching abilities using bilingual methods and techniques. One 
member of the Council shall be a classroom teacher of demonstrated 
teaching abilities using alternative instructional methods and tech-
niques. One member of the Council shall be experienced in the 
training of teachers for programs of bilingual education. One 
member of the Council shall be experienced in the training of 
teachers for programs of alternative instruction. Two members of 
the Council shall be parents of students whose language is other 
than English, and one member of the Council shall be an officer of a 
professional organization representing bilingual education person-
nel. The members of the Council shall be appointed in such a way as 
to be generally representative of the significant segments of the 
population of persons of limited English proficiency and the geo-
graphic areas in which they reside. Subject to section 448(b) of the 
General Education Provisions Act, the Council shall continue to 20 USC I233g. 
exist until October 1,1988. 
"(b) The Council shall meet at the call of the Chairman, but, 
notwithstanding the provisions of section 446(a) of the General 
Education Provisions Act, not less often than four times in each 20 USC I233e. 
year. 
"(c) The Council shall advise the Secretary in the preparation of 
general regulations and with respect to policy matters arising in the 
administration and operation of this title, including the develop-
ment of criteria for approval of applications and plans under this 
title, and in the administration and operation of other programs for 
persons of limited English proficiency. The Council shall prepare Report. 
and, not later than March 31 of each year, submit a report to the 
Congress and the President on the condition of bilingual education 
in the Nation and on the administration and operation of this title, 
including those items specified in section 751(c), and the administra- ^"^^' P- 2385. 
tion and operation of other programs for persons of limited English 
proficiency. 
"(d) The Secretary shall procure temporary and intermittent 
services of such personnel as are necessary for the conduct of the 
functions of the Council, in accordance with section 445 of the 
General Education Provisions Act, and shall make available to the 20 use I233d. 
Council such staff, information, and other assistance as it may 
require to carry out its activities effectively.". 
98 STAT. 2388 
PUBLIC LAW 98-511—OCT. 19, 1984 
TITLE III—AMENDMENTS TO FEDERAL IMPACT AID LAWS 
GENERAL EXTENSIONS OF AUTHORIZATIONS 
20 use 237,238, 
SEC. 301. (a)(1) The Act of September 30, 1950 (Public Law 874, 
^39, 241-1. 
Eighty-first Congress; 20 U.S.C. 236) is amended by striking out 
"October 1,1983" each place it appears in sections 2(a), 3(b), 4(a), and 
7(a)(1) and inserting in lieu thereof "October 1,1988". 
(2) Section 3(d)(2)(E) of such Act is amended— 
(A) by striking out "fiscal year 1983 or 1984" in division (ii) 
and inserting in lieu thereof "any of the fiscal years 1983 
through 1988"; and 
(B) by striking out division (iii). 
(3) Section 3(c)(2)(A) of such Act is amended— 
(A) by striking out division (i); and 
(B) by redesignating divisions (ii) and (iii) as divisions (i) and 
(ii), respectively. 
20 use 631 
(4)(A) Section 504 of the Omnibus Education Reconciliation Act of 
''°^- 
1981 is repealed. 
20 u s e 237 
(g) Section 505(a)(1) of such Act is amended by striking out the 
^° ^' 
first 
sentence and inserting in lieu thereof the following: "The total 
amount of appropriations to make payments under the Act of 
20 use 236 
September 30, 1950 (Public Law 874, 81st Congress) shall not exceed 
note. 
$740,000,000 for fiscal year 1985, $760,000,000 for fiscal year 1986, 
$780,000,000 for fiscal year 1987, and $800,000,000 for fiscal year 
1988.". 
20 use 237 
(C) Subsections (a)(3) and (b) of section 505 of such Act are each 
note, 238 note. 
amended by striking out "1982,1983,1984, or 1985" and inserting in 
lieu thereof "1985,1986,1987, or 1988". 
(b) The Act of September 23, 1950 (Public Law 815, Eighty-first 
Congress; 20 U.S.C. 631) is amended— 
20 use 633. 
(1) by striking out "September 30, 1983" in section 3 and 
inserting in lieu thereof "September 30,1988"; and 
20 use 646. 
(2) by striking out "October 1, 1983" in section 16(a)(1)(A) and 
inserting in lieu thereof "October 1,1988". 
COLLECTION OF OVERPAYMENTS 
20 u s e 240 
SEC. 302. In the case of any local educational agency which the 
"°^® 
Secretary of Education determines has received, for any fiscal year 
after fiscal year 1976, an overpayment under section 2 of the Act of 
September 30, 1950 (20 U.S.C. 237) as a consequence of a recomputa-
tion of need based on revised data, the Secretary shall not require 
more than 10 percent of the amount of the overpayment to be repaid 
(or deducted from current payments) in any fiscal year. 
A M E N D M E N T S TO IMPACT AID PROGRAM 
20 use 238. 
SEC. 303. (a)(1) Section 3(d)(2)(B) of the Act of September 30, 1950 
(Public Law 874, Eighty-first Congress) is amended by inserting at 
the end thereof the following new sentence: "In carr3dng out the 
provisions of this subparagraph, the Secretary shall not prorate the 
amounts computed under this subparagraph attributable to the 
number of children determined under subsection (a) or (b), or both.". 
(2)(A) The second sentence of section 3(d)(2)(B) of such Act is 
amended by striking out "The" and inserting in lieu thereof "Sub-
ject to the provisions of subsection (h) of this section, the". 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2389 
(B) Section 3 of such Act is amended by adding at the end thereof 
the following new subsection: 
20 u s e 238. 
SPECIAL PROVISIONS 
"(h) Any local educational agency for which the boundaries of the 
school district of such agency are coterminous with the boundaries 
of a military installation and which is not eligible to receive pay-
ments under subsection (d)(2)(B) shall receive 100 percent of the 
amounts to which such agency is entitled under subsection (a) of this 
section.". 
(b)(1) The last two sentences of section 5(c) of the Act of September 
30, 1950 (Public Law 874, Eighty-first Congress) (as added by section 
23 of Public Law 98-211 (97 Stat. 1419)) are redesignated as subsec-
tion (h) of section 5 of that Act. 
(2) The amendment made by paragraph (1) of this subsection shall 
be effective December 8,1983. 
TITLE IV—WOMEN'S EDUCATIONAL EQUITY 
SHORT TITLE; CONFORMING A M E N D M E N T 
SEC. 401. (a) This title may be cited as the "Women's Educational 
Equity Amendments of 1984 . 
(b) The Women's Educational Equity Act of 1978 (20 U.S.C. 3341 et 
seq.), hereafter in this title referred to as "the Act", is amended by 
striking out "Commissioner" each place it appears and inserting in 
lieu thereof "Secretary of Education". 
FINDINGS AND PURPOSE 
SEC. 402. (a) Section 931(b)(1) of the Act is amended by adding at 
the end thereof the following: "The Congress finds and declares that 
excellence in education cannot be achieved without equity for 
women and girls.". 
(b) Section 9310t))(2) of the Act is amended by adding at the end 
thereof the following: "It is also the purpose of this part to provide 
educational equity for women and girls who suffer multiple discrimi-
nation, bias, or stereotyping based on sex and on race, ethnic origin, 
disability, or age.". 
GRANT AND CONTRACT AUTHORITY 
SEC. 403. (a) Section 932(a) of the Act is amended by adding at the 
end thereof the following: "The Secretary shall ensure that at least 
1 grant or contract is available during each fiscal year for the 
performance of each of the activities described in paragraph (1) of 
this subsection.". 
(b) Section 932(b) of the Act is amended— 
(1) by striking out "$15,000,000" each place it appears and 
inserting in lieu thereof "$6,000,000"; 
(2) by striking out "shall be used" and all that follows in the 
second sentence and inserting in lieu thereof "may be used to 
support new activities described in paragraph (1) or to support 
activities described in paragraph (2), or both. . 
CHALLENGE GRANTS 
SEC. 404. Section 934 of the Act is amended to read as follows: 
20 u s e 240. 
Effective date. 
20 u s e 240 
note. 
Women's 
Educational 
Equity 
Amendments of 
1984. 
20 u s e 2701 
note. 
20 u s e 3342 et 
seq. 
20 u s e 3341. 
20 u s e 3342. 
20 u s e 3344. 
98 STAT. 2390 
PUBLIC LAW 98-511—OCT. 19, 1984 
"CHALLENGE GRANTS 
"SEC. 934. (a) In addition to the authority of the Secretary under 
Ante, p. 2389. 
section 932, the Secretary shall carry out a program of challenge 
grants (as part of the grant program administered under section 
932(a)(1)), not to exceed $40,000 each, in order to support projects to 
develop— 
"(1) comprehensive plans for implementation of equity pro-
grams at every educational level; 
"(2) innovative approaches to school-community partnerships; 
"(3) new dissemination and replication strategies; and 
"(4) other innovative approaches to achieving the purposes of 
this part. 
"(b) For the purposes described in clauses (1) through (4) of 
subsection (a), the Secretary is authorized to make grants to public 
and private nonprofit agencies and to individuals.". 
CRITERIA AND PRIORITIES 
20 use 3345. 
SEC. 405. Section 935 of the Act is amended— 
(1) by inserting "separate" after "Secretary shall establish"; 
and 
(2) by inserting "under sections 932(a)(1) and 932(a)(2)" after 
"priorities for awards". 
NATIONAL ADVISORY COUNCIL ON WOMEN'S EDUCATIONAL PROGRAMS 
20 use 3346. 
SEC. 406. Section 936 of the Act is amended— 
(1) by striking out "Office of Education" in subsection (a) and 
inserting in lieu thereof "Department of Education"; 
(2) by striking out paragraph (1) of such subsection and 
inserting in lieu thereof the following: 
"(1) seventeen individuals, some of whom shall be students, 
and who shall be appointed by the President, by and with the 
advice and consent of the Senate, from among individuals, 
broadly representative of the general public and including (A) 
individuals who are experts in a wide range of issues of educa-
tional equity for women at all levels of education, including 
preschool, elementary and secondary education, higher educa-
tion, and vocational and adult education; (B) individuals who 
are representative of and expert in the educational needs of 
racial and ethnic minority women, older women, and disabled 
women; (C) both women and men who have demonstrated com-
mitment to and expertise in the purposes of this part; and (D) 
individuals who are representative of and expert in student 
financial assistance programs authorized under title IV of the 
20 use 1070. 
Higher Education Act of 1965;"; 
(3) by striking out "advise" and all that follows through "on 
matters" in subsection (c)(1) and inserting in lieu thereof 
"advise the Secretary and the Congress on matters"; 
(4) by inserting "selection of funding priorities and" before 
"allocation of any funds" in subsection (c)(2); and 
(5) by striking out subsection (c)(3) and inserting in lieu 
thereof the following: 
"(3) advise all Federal agencies which have education pro-
grams concerning those aspects of the programs which relate to 
the educational needs and opportunities of women;". 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2391 
REPORT OF THE SECRETARY 
SEC. 407. Section 937 of the Act is amended— 
(1) by striking out the heading of such section and inserting in 
heu thereof the following: 
" R E P O R T S , EVALUATION, AND DISSEMINATION"; 
(2) by striking out ", 1980, 1982, and 1984" and inserting in 
lieu thereof "of each of the years 1985 through 1989"; 
(3) by striking out "shall evaluate" in the last sentence and 
inserting in lieu thereof "shall oversee the evaluation of; 
(4) by striking out "include such evaluation" in such sentence 
and inserting in lieu thereof "report on such evaluation"; and 
(5) by inserting "(a)" after "SEC. 937." and by adding at the 
end thereof the following new subsection: 
"(b) The Office of Women's Educational Equity shall evaluate and 
disseminate (at low cost) all materials and programs developed 
under this part.". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 408. Section 938 of the Act is amended to read as follows: 
20 u s e 3347. 
Public 
information. 
20 u s e 3348. 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 938. For the purpose of carrying out this part there are 
authorized to be appropriated $10,000,000 for fiscal year 1985, 
$12,000,000 for fiscal year 1986, $14,000,000 for fiscal year 1987, 
$16,000,000 for fiscal year 1988, and $20,000,000 for fiscal year 
1989.". 
TITLE V—AMENDMENTS TO TITLE XI OF THE EDUCATION 
AMENDMENTS OF 1978 
SHORT TITLE; R E F E R E N C E 
SEC. 501. (a) This title may be cited as the "Indian Education 
Amendments of 1984". 
(b) Except as otherwise expressly provided, whenever in this title 
an amendment or repeal is expressed in terms of an amendment to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of title XI of 
the Education Amendments of 1978 (25 U.S.C. 2001 et seq.). 
STANDARDS 
SEC. 502. (a) Section 1121(bX2) is amended by adding at the end 
thereof the following: "Such standards shall include a requirement, 
developed in coordination with Indian tribes, the affected local 
school boards, the Indian Health Service of the Department of 
Health and Human Services, the State health departments, and the 
Federal Center for Disease Control, on immunization for childhood 
diseases, including provisions for in-school immunization, where 
necessary.". 
(b) The first sentence of section 1121(d) is amended by striking out 
everything after "ill-conceived" and inserting in lieu thereof a 
period and the following: "The tribal governing body or designated 
school board shall thereafter submit to the Secretary a proposal for 
Indian 
Education 
Amendments of 
1984. 
25 u s e 2001 
note. 
Schools and 
colleges. 
25 u s e 2001. 
98 STAT. 2392 
PUBLIC LAW 98-511—OCT. 19, 1984 
25 u s e 2001. 
25 u s e 450 
note. 
eontracts with 
U.S. 
Post, pp. 
2394-2396. 
Regulations. 
Federal 
Register, 
publication. 
Study. 
alternative standards that takes into account the specific needs of 
the tribe's children.", 
(c) Section 1121(e) is amended— 
(1) by inserting "(1)" after "(e)"; 
(2) by striking out the second sentence thereof; and 
(3) by adding at the end thereof the following new paragraphs: 
"(2) Within two years of the initial contract for the provision of 
educational services under Indian Self-Determination and Educa-
tion Assistance Act each such school shall (A) be in compliance with 
the standards prescribed under subsection (a), or (B) have obtained 
accreditation, or be a candidate for accreditation, with one of the 
accrediting agencies recognized by the Secretary of Education or the 
State in which it is found. 
"(3) Within one year of the date of enactment of this paragraph, 
the Bureau shall, through contract with a national Indian organiza-
tion, establish uniform fiscal control and fund accounting proce-
dures for all contract schools. Such procedures shall yield data 
results comparable to those used by Bureau schools.". 
(d) Section 1121(f) is amended by adding at the end thereof the 
following: "Failure to implement or meet such standards shall not 
serve as the basis for taking any personnel action against any 
individual if (1) the failure is related to inadequate resources (as 
determined under sections 1128 and 1129 of this title), and (2) the 
Secretary has not submitted the information required by this sub-
section and has not requested sufficient funds to cover the cost (as 
determined under such sections) of meeting such standards at the 
school concerned.". 
(e) Section 1121 is further amended by redesignating subsection (g) 
as subsection (h) and by inserting after subsection (f) the following 
new subsection: 
"(g)(1) Except as specifically required by statute, no school oper-
ated by the Bureau of Indian Affairs on January 1, 1984, may be 
closed or its program curtailed unless done according to the require-
ments of this subsection, except that, in those cases where the tribal 
governing body, or the local school board concerned (if so designated 
by the tribal governing body), requests closure or consolidation, the 
requirements of this subsection shall not apply. 
"(2) The Secretary shall, by regulation, promulgate standards and 
procedures for the closing or consolidation of Bureau schools in 
accordance with the requirements of this subsection. 
"(3) Such standards and procedures shall require that, whenever 
closure or consolidation of a school is under consideration or review 
by any division of the Bureau or the Department of the Interior, the 
affected tribe, tribal governing body, designated local school board, 
and parents will be notified as soon as such consideration or review 
begins and kept fully and currently informed with respect to such 
consideration or review. Copies of any such notices and information 
shall be transmitted promptly to the Congress and published in the 
Federal Register. 
"(4) Prior to ordering any such school closing or consolidation, the 
Secretary shall insure that a study is made of each Indian child's 
educational and (where applicable) social needs and that adequate 
alternative services are guaranteed. Such a study shall include a 
description of the consultation conducted between the potential 
service provider, current service provider, parents, tribal represent-
ative of the tribe involved, and the Director of the Bureau of Indian 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2393 
Affairs, Office of Indian Education Programs, with regard to such 
child. 
"(5) Prior to taking any action to close or consolidate any such Report, 
school, the Secretary shall make a full report to Congress describing 
the plans made (including schedules and plans for follow-up studies 
on the students affected), and the study and consultations under-
taken pursuant to paragraph (4) of this subsection. No action may be 
taken in furtherance of any such proposed school closing or consoli-
dation (including any action which would prejudice the personnel or 
programs of such school) until the end of the academic year follow-
ing the academic year in which such report is made.". 
SCHOOL BOUNDARIES 
SEC. 503. Section 1124 is amended to read as follows: 
25 use 2004. 
"SCHOOL BOUNDARIES 
"SEC. 1124. (a) The Secretary shall, in accordance with this sec-
tion, establish separate geographical attendance areas for each 
Bureau school. 
"(b) No attendance area shall be established with respect to any 
such school unless the tribal governing body or the local school 
board concerned (if so designated by the tribal governing body) has 
been given one year from the date of enactment of the Indian 
Education Amendments of 1984 to propose such boundaries. Such ^nte, p. 2391. 
proposed boundaries shall be accepted unless the Secretary finds, 
after consultation with such body or board, that such boundaries do 
not reflect the needs of the Indian students to be served or do not 
provide adequate stability to all of the programs affected. 
"(c) In any case where there is only one Bureau operated program 
located on an Indian reservation, the attendance area for the pro-
gram shall be the boundaries of the reservation served, and those 
students residing near the reservation shall also receive services 
from such program. 
"(d) The Bureau of Indian Affairs shall include in the final rules 
the requirement that each superintendent for education coordinate 
and consult with the affected tribes and relevant school boards in 
the establishment of such geographic boundaries." 
BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS 
SEC. 504. (a) Section 11260t)) is amended by striking the second 25 use 2006. 
sentence and inserting in lieu thereof the following: "All contract 
functions relating to education (including those pursuant to the 
Indian Self-Determination and Education Assistance Act) shall be 
25 use 450 
supervised by the Director of the Office.". 
(b) Section 1126(b) is further amended by striking out "Nothing" 
in the last sentence and inserting in lieu thereof "Subject to the 
provisions in subsection (c), nothing". 
(c) Section 1126(c) is amended by striking out "and" at the end of 
paragraph (1), and by striking out paragraph (2) and inserting in 
lieu thereof the following: 
"(2) provide all services and support functions for education 
programs with respect to personnel matters involving staffing 
actions and functions, and 
note. 
98 STAT. 2394 
PUBLIC LAW 98-511—OCT. 19, 1984 
"(3) provide technical and coordinating assistance in areas 
such as procurement, contracting, budgeting, personnel, and 
curriculum.". 
25 use 2006. 
((J) Section 1126 is further amended by redesignating subsection 
(d) as subsection (e) and by inserting after subsection (c) the follow-
ing new subsection: 
"(d)(1) The Assistant Secretary shall submit in the annual Budget 
a plan— 
"(A) for school facilities to be constructed under the system 
25 use 2005. 
required by section 1125(c); and 
"(B) for establishing priorities among projects and for the 
improvement and repair of education facilities, which together 
shall form the basis for the distribution of appropriated funds. 
"(2) The Assistant Secretary shall establish a program, including 
the distribution of appropriated funds, for the operation and mainte-
nance of education facilities. Such program shall be implemented by 
the Director of the Office. Such program shall include, but not be 
limited to— 
"(A) a method of computing the amount necessary for each 
education facility; 
"(B) similar treatment of all Bureau and contract schools; and 
"(C) the allocation of appropriated funds from the Director of 
the Office directly to the agency superintendents for education, 
or to the area education program administrators in the case of 
multitribal boarding schools located off reservation. 
The agency superintendents for education, or the area education 
program administrator in the case of multitribal boarding schools 
located off reservation, shall make arrangements for the mainte-
nance of education facilities with the local supervisors of the Bureau 
maintenance personnel who are under the authority of the agency 
superintendent or area directors, respectively. The local supervisors 
of Bureau maintenance personnel shall take appropriate action to 
implement the decisions made in this regard by the agency superin-
tendents for education and by the area education program adminis-
trators, except that no funds from this program may be expended or 
transferred by an agency superintendent for education or by an area 
education program administrator unless such superintendent or 
administrator is assured that the necessary maintenance has been, 
or will be, provided in a reasonable manner. Subject to the require-
ments of subsection (b) of this section, nothing in this Act shall be 
construed to require the provision of separate operations and main-
tenance personnel for the Office. 
"(3) The Director of the Office shall supervise all Bureau educa-
tion facilities, including local Bureau housing constructed for the 
purpose of housing Bureau personnel at the school site. 
"(4) The requirements of this subsection shall be implemented 
within 270 days following the date of enactment of the Indian 
Ante, p. 2391. 
Education Amendments of 1984.". 
ALLOTMENT FORMULA 
25 use 2008. 
SEC. 505. (a) Section 1128(a)(2) is amended— 
(1) by striking out subparagraph (D); 
(2) by redesignating subparagraph (E) as subparagraph (D); 
and 
(3) by adding at the end thereof the following new subpara-
graphs: 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2395 
"(E) special transportation and other costs of isolated and 
small schools; 
"(F) the costs of boarding arrangements, where deter-
mined necessary by a tribal governing body or designated 
local school board; 
"(G) costs associated with greater lengths of service by 
educational personnel; 
"(H) special programs for gifted and talented students; 
and 
"(I) costs associated with operating education and recre-
ational programs on a 12-month basis;". 
(b) Section 1128(c) is amended by inserting "(1)" after "(c)", redes- 25 use 2008. 
ignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and 
(C), respectively, and by adding at the end thereof the following: 
"(2) AH Bureau and contract schools receiving funds under this 
section shall receive an equal amount as an allowance for local 
school board training and activities including, notwithstanding any 
other provision of law, meeting expenses and the cost of membership 
in or support of organizations engaged in activities on behalf of 
Indian education. 
"(3) The Secretary shall, subject to appropriations, provide to all 
contract schools an amount for administrative and indirect costs 
which is at least equal to the amount which would be expended by 
the Secretary if such school were directly operated by the Secretary. 
The Secretary shall take such actions as are necessary to provide 
contract schools with the full Eimount as determined by this para-
graph without reducing funds available under subsection (a) of this 
section.". 
(c) Section 1128 is further amended by adding at the end thereof 
the following new subsection: 
"(e) The Director of the Office shall establish a separate fund from 
which monetary awards and quality step increases for employees 
shall be paid. Such payments shall not affect school allotments 
under this section.". 
UNIFORM DIRECT FUNDING 
SEC. 506. (a) Section 1129(a) is amended— 
25 use 2009. 
(1) by striking out "section 1128," and all that follows in the 
second sentence and inserting in lieu thereof "section 1128."; 
and 
(2) by inserting "(1)" after "(a)" and adding at the end thereof 
the following: 
"(2XA) For the purpose of affording adequate notice of funding 
available pursuant to the allotments made by this section, amounts 
appropriated in an appropriation Act for any fisccd year shall 
become available for obligation by the affected schools on July 1 of 
the fisced year in which they are appropriated without further 
action by the Secretary, and shall remain available for obligation 
through the succeeding fiscal year. In order to effect a transition to 
the forward funding method of distribution described in the preced-
ing sentence, there are authorized to be appropriated, in an appro-
priation Act or Acts for the same fiscal year, two separate appro-
priations for such allotments, the first of which shall not be subject 
to the preceding sentence. 
"(B) The Secretary shall, on the basis of the amount appropriated 
in accordance with this paragraph— 
98 STAT. 2396 
PUBLIC LAW 98-511—OCT. 19, 1984 
"(i) publish, on July 1 preceding the fiscal year for which the 
funds are appropriated, allotments to each affected school made 
under this section of 85 percent of such appropriation; and 
"(ii) publish, no later than September 30 of such preceding 
fiscal year, the allotments to be made under this section of the 
remaining 15 percent of such appropriation, adjusted to reflect 
actual student attendance. 
"(3) Notwithstanding any law or regulation governing procure-
ment by Federal agencies, the supervisor of each school receiving 
funds under this section shall, subject to school board approval, have 
the authority to expend no more than 10 percent of the funds 
allotted by this section to procure supplies and equipment, with or 
without competitive bidding.". 
25 use 2009. 
(b) Section 1129(c) is amended by inserting at the end thereof the 
following: "The Secretary shall institute a program for funding 
tribal divisions of education and the development of tribal codes of 
education,". 
APPEALS FROM ACTIONS OF SCHOOL BOARDS 
SEC. 507. (a) Section 1129(b) is amended by striking out the last 
sentence and inserting in lieu thereof the following: "The supervisor 
of the school may appeal any such action of the local school board to 
the superintendent for education of the Bureau agency by filing a 
written statement describing the action and the reasons the supervi-
sor believes such action should be overturned. A copy of such 
statement shall be submitted to the local school board and such 
board shall be afforded an opportunity to respond, in writing, to 
such appeal. After reviewing such written appeal and response, the 
superintendent may, for good cause, overturn the action of the local 
school board. The superintendent shall transmit the determination 
of such appeal in the form of a written opinion to such board and to 
such supervisor identifying the reasons for overturning such 
action.". 
25 use 2011. 
(b) Section 1131(d) is amended by striking out paragraphs (2) and 
(3) and inserting in lieu thereof the following: 
"(2XA) The supervisor of a school may appeal to the appropriate 
agency superintendent for education any determination by the local 
school board for the school that an individual be employed, or not be 
employed, in an education position in the school (other than that of 
supervisor) by filing a written statement describing the determina-
tion and the reasons the supervisor believes such determination 
should be overturned. A copy of such statement shall be submitted 
to the local school board and such board shall be afforded an 
opportunity to respond, in writing, to such appeal. After reviewing 
such written appeal and response, the superintendent may, for good 
cause, overturn the determination of the local school board. The 
superintendent shall transmit the determination of such appeal in 
the form of a written opinion to such board and to such supervisor 
identifying the reasons for overturning such determination. 
"(B) The superintendent for education of an agency office of the 
Bureau may appeal to the Director of the Office any determination 
by the local school board for the school that an individual be 
employed, or not be employed, as the supervisor of a school by filing 
a written statement describing the determination and the reasons 
the supervisor believes such determination should be overturned. A 
copy of such statement shall be submitted to the local school board 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2397 
and such board shall be afforded an opportunity to respond, in 
writing, to such appeal. After reviewing such written appeal and 
response, the Director may, for good cause, overturn the determina-
tion of the local school board. The Director shall transmit the 
determination of such appeal in the form of a written opinion to 
such board and to such superintendent identifying the reasons for 
overturning such determination. 
"(3) The superintendent for education of an agency office of the 
Bureau may appeal to the Director of the Office any determination 
by the agency school board that an individual be employed, or not be 
employed, in an education position in such agency office by filing a 
written statement describing the determination and the reasons the 
supervisor believes such determination should be overturned. A 
copy of such statement shall be submitted to the agency school 
board and such board shall be afforded an opportunity to respond, in 
writing, to such appeal. After reviewing such written appeal and 
response, the Director may, for good cause, overturn the determina-
tion of the agency school board. The Director shall transmit the 
determination of such appeal in the form of a written opinion to 
such board and to such superintendent identifying the reasons for 
overturning such determination.". 
MANAGEMENT INFORMATION SYSTEM 
SEC. 508. Section 1132 is amended— 
25 use 2012. 
(1) by striking out "the Bureau," and inserting in lieu thereof 
"the Office,"; 
(2) by striking out "this Act" and inserting in lieu thereof 
"the Indian Education Amendments of 1984"; and 
(3) by striking out "to all agency and area offices of the 
Bureau and". 
AUDITS 
SEC. 509. Section 1136 is amended by inserting "(a)" after "SEC. 25USC2016. 
1136." and by adding at the end thereof the following new subsec-
tion: 
"(b) The Inspector General of the Department of the Interior shall 
establish a system to ensure that financial and compliance audits 
are conducted of the Bureau, the Office, and each Bureau school at 
least once in every three years. Audits of Bureau schools shall be 
based upon the extent to which such school has complied with its 
local financial plan under section 1129.". 
^nte, pp. 2395, 
^ 
2396. 
REGULATIONS 
SEC. 510. Section 1138 is amended by adding at the end thereof the 25 use 2018. 
following: "Such regulations shall contain, immediately following 
each substantive provision of such regulations, citations to the 
particular section or sections of statutory law or other legal author-
ity upon which such provision is based,". 
VOLUNTARY SERVICES 
SEC. 511. Title XI of the Education Amendments of 1978 is further 
amended by adding after section 1139 the following new section: 
98 STAT. 2398 
PUBLIC LAW 98-511—OCT. 19, 1984 
"VOLUNTARY SERVICES 
Government 
"SEC. 1140. Notwithstanding section 1342 of title 31, United States 
anTemployees. 
Code, an officer or employee of the Bureau or the Office may, subject 
25 use 2020. 
to the approval of the local school board concerned, accept voluntary 
services on behalf of Bureau and contract schools. Nothing in this 
title shall be construed to require Federal employees to work with-
out compensation or to allow the use of volunteer services to dis-
place or replace Federal employees.". 
EMPLOYEE BENEFITS 
SEC. 512. Title XI of the Education Amendments of 1978 is further 
amended by adding after section 1140 the following new sections: 
"PRORATION OF PAY 
25 use 2021. 
"SEC. 1141. (a) Notwithstanding any other provision of law, the 
Secretary, at the election of the employee, shall prorate the salary of 
an employee employed in an education position for the academic 
school-year over the entire twelve month period. Each educator 
employed for the academic school-year shall annually elect to be 
paid on a twelve month basis or for those months while school is in 
session. No educator shall suffer a loss of pay or benefits because of 
such election. 
"(b) During the course of such year the employee may change 
election once. 
"(c) That portion of the employee's pay which would be paid 
between academic school years may be paid in lump sum at the 
election of the employee. 
"(d) For the purposes of this section the terms 'educator' and 
'education position' have the meaning contained in section 1131(n)(l) 
and (n)(2) of this title. This section applies to those individuals 
25 use 2011. 
employed under the provisions of section 1131 of this title or title 5, 
United States Code. 
"EXTRACURRICULAR ACTIVITIES 
25 use 2022. 
"SEC. 1142. (a) Notwithstanding any other provision of law, the 
Secretary shall provide a stipend in lieu of overtime premium pay or 
compensatory time off. Any employee of the Bureau who performs 
additional activities to provide services to students or otherwise 
support the school's academic and social programs may elect to be 
compensated for all such work on the basis of the stipend. Such 
stipend shall be paid as a supplement to the employee's base pay. 
"(b) The amount of such stipends shall be determined at the area 
level. 
"(c) If an employee elects not to be compensated through the 
stipend established by this section, the appropriate provisions of 
title 5, United States Code, shall apply. 
"(d) This section applies to all Bureau employees, whether em-
25 use 2011. 
ployed under section 1131 of this title or title 5, United States Code. 
"HOUSING 
25 use 2023. 
"SEC. 1143. (a) The Secretary shall continue to apply rental rates 
for employee housing in accordance with all applicable laws and 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2399 
regulations. Proceeds from rental receipts shall be used for the 
improvement and repair of employee quarters. 
"(b) Notwithstanding any other provision of law, the agency su-
perintendent for education, or (for boarding schools located off-
reservation) the area education program administrator, shall have 
the authority to waive up to 90 percent of the rental rate for 
educators on school-wide basis to aid the school in recruiting and 
retaining educators. Decisions on rent waivers will be made after 
consultation with the appropriate level school board and the em-
ployees. Such superintendent's or administrator's decision (as the 
case may be) on the need for this assistance in recruitment and 
retention is final and not reviewable. 
"(c) During periods when schools are not in session and educators 
have been placed in non-pay status, all rents payable by those 
educators shall be waived. 
"(d) For the purposes of this section the term 'educator' has the 
meaning contained in section 1131(n)(l) of this title. This section 25USC2011. 
applies to those individuals employed under both the provisions of 
section 1131 of this title and title 5, United States Code.". 
EXTENSIONS OF AUTHORIZATION OF OTHER INDIAN EDUCATION 
PROGRAMS 
SEC. 513. (a)(1) Section 303(a)(1) of the Indian Elementary and 
Secondary School Assistance Act (20 U.S.C. 241bb(a)(l)) is amended 
by striking out "For the purpose of computing the amount to which 
a local educational agency is entitled under this title for any fiscal 
year ending prior to October 1, 1983," and inserting in lieu thereof 
"For any fiscal year for which appropriations are authorized under 
section 307 of this Act,". 
^"Z"'""-
(2) Section 303(a)(2)(A) of such Act is amended to read as follows: 
"(2)(A) From the sums appropriated under section 307(a) for any 
fiscal year, the Secretary shall allocate to each local educational 
agency which has an application approved under this title an 
amount which bears the same ratio to such sums as the product of (i) 
the number of eligible Indian children (as determined under para-
graph (1)), multiplied by (ii) the average per pupil expenditure per 
agency (as determined under subparagraph (c)), bears to the sum of 
such products for all such local educational agencies.". 
(3) Section 303 of such Act is further amended— 
(A) by inserting "(1)" after "(b)" in subsection (b); and 
(B) by striking out all after "financial assistance" in subsec-
tion (b) and inserting in lieu thereof the following: 
"in accordance with the provisions of this title to schools which— 
"(A) are located on or near reservations; and 
"(B)(i) are not local educational agencies; or 
"(ii) have not been local educational agencies for more than 
three years. 
"(2) The requirements of clause (A) of paragraph (1) shall not 
apply to any school serving Indian children in California, Oklahoma 
or Alaska.". 
(4) Section 305(b)(2)(B)(ii) of such Act is amended by inserting 20 use 24idd. 
"written" before "approval of a committee". 
(5) Section 307 of such Act is amended to read as follows: 
20 USC 24iff. 
98 STAT. 2400 
PUBLIC LAW 98-511—OCT. 19, 1984 
"AUTHORIZATION OF APPROPRIATIONS; ADJUSTMENTS 
"SEC. 307. (a) For the purpose of making payments under this 
title, there are authorized to be appropriated (1) for each of the fiscal 
years ending prior to October 1, 1986, such sums as may be neces-
sary, and (2) for each of the fiscal years 1987, 1988, and 1989, an 
amount not to exceed the amount appropriated for such purpose for 
fiscal year 1986. 
"(b) The Secretary may reallocate, in such manner as will best 
assist in advancing the purposes of this title, any amount which the 
Secretary determines, based upon estimates made by local educa-
tional agencies, will not be needed by any such agency to carry out 
its approved project.". 
20USC24iaaef 
(g) Such Act is further amended by striking out "Commissioner" 
*^^' 
each place it appears and inserting in lieu thereof "Secretary". 
(b)(1) Section 422(c) of the Indian Education Act (20 U.S.C. 
3385a(c)) is amended by striking out "October 1, 1983" and inserting 
in lieu thereof "October 1,1986". 
(2) Section 422(c) of such Act is further amended by adding at the 
end thereof the following: "There is also authorized to be appropri-
ated to carry out the provisions of this section for each of the fiscal 
years 1987, 1988, and 1989, an amount not to exceed the amount 
appropriated for such purpose for fiscal year 1986.". 
20 use 3385b. 
(3) Section 423(a) of such Act is amended— 
(A) by striking out "1983" and inserting in lieu thereof 
"1989"; 
(B) by striking out "not to exceed two hundred" in the first 
sentence; 
(C) by inserting "psychology," after "medicine," in the second 
sentence; and 
(D) by striking out the last sentence and inserting in lieu 
thereof the following: "The Commissioner may, if a fellowship is 
vacated prior to the end of the period for which it was awarded, 
award an additional fellowship for the remainder of such 
period.". 
(4) Section 423 of such Act is further amended by adding at the 
end thereof the following new subsection: 
"(d) The amount that is authorized to be appropriated to carry out 
the provisions of this section for each of the fiscal years 1987, 1988, 
and 1989, is the amount appropriated for such purpose for fiscal 
year 1986.". 
20 use I22ig. 
(5) Section 442(a) of such Act is amended by striking out "October 
1,1983" and inserting in lieu thereof "October 1,1989". 
(c) Section 1005(g) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 3385(g)) is amended— 
(1) by striking out "October 1, 1983" each place it appears and 
inserting in lieu thereof "October 1,1989"; and 
(2) by adding at the end thereof the following new paragraph: 
"(3) Notwithstanding paragraphs (1) and (2), the amount that is 
authorized to be appropriated to under this subsection for each of 
the fiscal years 1987, 1988, and 1989, is the amount appropriated for 
such purpose for fiscal year 1986.". 
(d) Section 316(e) of the Adult Education Act (20 U.S.C. 1211a(e)) is 
amended— 
(1) by striking out "October 1, 1983" and inserting in lieu 
thereof "October 1,1986"; and 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2401 
(2) by adding at the end thereof the following new sentence: 
"There is also authorized to be appropriated for such purpose 
for each of the fiscal years 1987, 1988, and 1989, an amount not 
to exceed the amount appropriated for such purpose for fiscal 
year 1986.". 
(e) Notwithstanding the provisions of any authorization of appro-
priations amended by this section, the total amount which may be 
appropriated pursuant to all such authorizations (amended by this 
section) shall not exceed $100,000,000 for fiscal year 1985. 
TITLE VI—EMERGENCY IMMIGRANT EDUCATION 
ASSISTANCE 
SHORT TITLE 
20 u s e 241ff 
note. 
Emergency 
Immigrant 
Education Act 
of 1984. 
SEC. 601. This title may be cited as the "Emergency Immigrant 20 use 4ioi 
Education Act of 1984". 
^°*«-
DEFINITIONS 
SEC. 602. As used in this title— 
20 use 4ioi. 
(1) The term "immigrant children" means children who were 
not born in any State and who have been attending schools in 
any one or more States for less than three complete academic 
years. 
(2) The terms "elementary school", "local educational 
agency", "secondary school", "State", and "State educational 
agency" have the meanings given such terms under section 
198(a) of the Elementary and Secondary Education Act of 1965. 
(3) The term "elementary or secondary nonpublic schools" 
means schools which comply with the applicable compulsory 
attendance laws of the State and which are exempt from tax-
ation under section 501(c)(3) of the Internal Revenue Code of 
1954. 
26 use 501. 
(4) The term "Secretary" means the Secretary of Education. 
AUTHORIZATIONS AND ALIX)CATION OF APPROPRIATIONS 
SEC. 603. (a) There are authorized to be appropriated to make 20 USC 4102. 
payments to which State educational agencies are entitled under 
this title and payments for administration under section 604 
$30,000,000 for fiscal year 1985, and $40,000,000 for fiscal year 1986 
and for each of the three succeeding fiscal years. 
(b)(1) If the sums appropriated for any fiscal year to make pay-
ments to States under this title are not sufficient to pay in full the 
sum of the amounts which State educational agencies are entitled to 
receive under this title for such year, the allocations to State 
educational agencies shall be ratably reduced to the extent neces-
sary to bring the aggregate of such allocations within the limits of 
the amounts so appropriated. 
(2) In the event that funds become available for making payments 
under this title for any period after allocations have been made 
under paragraph (1) of this subsection for such period, the amounts 
reduced under such paragraph shall be increased on the same basis 
as they were reduced. 
31-194 - 0 - 86 - 40 : QL. 3 Part 2 
98 STAT. 2402 
PUBLIC LAW 98-511—OCT. 19, 1984 
STATE ADMINISTRATIVE COSTS 
20 use 4103. 
SEC. 604. The Secretary is authorized to pay to each State educa-
tional agency amounts equal to the amounts expended by it for the 
proper and efficient administration of its functions under this title, 
except that the total of such payments for any period shall not 
exceed 1.5 per centum of the amounts which that State educational 
agency is entitled to receive for that period under this title. 
WITHHOLDING 
20 use 4104. 
SEC. 605. Whenever the Secretary, after reasonable notice and 
opportunity for a hearing to any State educational agency, finds 
that there is a failure to meet the requirements of any provision of 
this title, the Secretary shall notify that agency that further pay-
ments will not be made to the agency under this title, or in the 
discretion of the Secretary, that the State educational agency shall 
not make further payments under this title to specified local educa-
tional agencies whose actions cause or are involved in such failure 
until the Secretary is satisfied that there is no longer any such 
failure to comply. Until the Secretary is so satisfied, no further 
payments shall be made to the State educational agency under this 
title, or payments by the State educational agency under this title 
shall be limited to local educational agencies whose actions did not 
cause or were not involved in the failure, as the case may be. 
STATE ENTITLEMENTS 
20 use 4105. 
SEC. 606. (a) The Secretary shall, in accordance with the provisions 
of this section, make payments to State educational agencies for 
each of the fiscal years 1985, 1986, 1987, 1988, and 1989 for the 
purpose set forth in section 607. 
Grants. 
(b)(1) Except as provided in paragraph (3) and in subsections (c) 
and (d) of this section, the amount of the grant to which a State 
educational agency is entitled under this title shall be equal to the 
product of (A) the number of immigrant children enrolled during 
such fiscal year in elementary and secondary public schools under 
the jurisdiction of each local educational agency described under 
paragraph (2) within that State, and in any elementary or secondary 
nonpublic school within the district served by each such local educa-
tional agency, multiplied by (B) $500. 
(2) The local educational agencies referred to in paragraph (1) are 
those local educational agencies in which the sum of the number of 
immigrant children who are enrolled in elementary or secondary 
public schools under the jurisdiction of such agencies, and in ele-
mentary or secondary nonpublic schools within the districts served 
by such agencies, during the fiscal year for which the payments are 
to be made under this title, is equal to— 
(A) at least five hundred; or 
(B) at least 3 per centum of the total number of students 
enrolled in such public or nonpublic schools during such fiscal 
year; 
whichever number is less. 
(3)(A) The amount of the grant of any State educational agency for 
any fiscal year as determined under paragraph (1) shall be reduced 
by the amounts made available for such fiscal year under any other 
Federal law for expenditure within the State for the same purpose 
as those for which funds are available under this title, but such 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2403 
reduction shall be made only to the extent that (i) such amounts are 
made available for such purpose specifically because of the refugee, 
parollee, asylee, or other immigrant status of the individuals served 
by such funds, and (ii) such amounts are made available to provide 
assistance to individuals eligible for services under this title. 
(B) No reduction of a grant under this title shall be made under 
subparagraph (A) for any fiscal year if a reduction is made, pursuant 
to a comparable provision in any such other Federal law, in the 
amount made available for expenditure in the State for such fiscal 
year under such other Federal law, based on the amount assumed to 
be available under this title. 
(c)(1) Determinations by the Secretary under this section for any 
period with respect to the number of immigrant children shall be 
made on the basis of data or estimates provided to the Secretary by 
each State educational agency in accordance with criteria estab-
lished by the Secretary, unless the Secretary determines, after 
notice and opportunity for a hearing to the affected State educa-
tional agency, that such data or estimates are clearly erroneous. 
(2) No such determination with respect to the number of immi-
grant children shall operate because of an underestimate or overes-
timate to deprive any State educational agency of its entitlement to 
any payment (or the amount thereof) under this section to which 
such agency would be entitled had such determination been made 
on the basis of accurate data. 
(d) Whenever the Secretary determines that any amount of a 
payment made to a State under this title for a fiscal year will not be 
used by such State for carrying out the purpose for which the 
payment was made, the Secretary shall make such amount available 
for carrying out such purpose to one or more other States to the 
extent the Secretary determines that such other States will be able 
to use such additional amount for carrying out such purpose. Any 
amount made available to a State from an appropriation for a fiscal 
year in accordance with the preceding sentence shall, for purposes of 
this title, be regarded as part of such State's payment (as deter-
mined under subsection (b)) for such year, but shall remain available 
until the end of the succeeding fiscal year. 
USES OF FUNDS 
SEC. 607. (a) Payments made under this title to any State may be 20 USC 4106. 
used in accordance with applications approved under section 608 for 
supplementary educational services and costs, as described under 
subsection (b) of this section, for immigrant children enrolled in the 
elementary and secondary public schools under the jurisdiction of 
the local educational agencies of the State described in section 
606(b)(2) and in elementary and secondary nonpublic schools of that 
State within the districts served by such agencies. 
(b) Financial assistance provided under this title shall be available 
to meet the costs of providing immigrant children supplementary 
educational services, including but not limited to— 
(1) supplementary educational services necessary to enable 
those children to achieve a satisfactory level of performance, 
including— 
(A) English language instruction; 
(B) other bilingual educational services; and 
(C) special materials and supplies; 
98 STAT. 2404 
PUBLIC LAW 98-511—OCT. 19, 1984 
(2) additional basic instructional services which are directly 
attributable to the presence in the school district of immigrant 
children, including the costs of providing additional classroom 
supplies, overhead costs, costs of construction, acquisition or 
rental of space, costs of transportation, or such other costs as 
are directly attributable to such additional basic instructional 
services; and 
(3) essential inservice training for personnel who will be 
providing instruction described in either paragraph (1) or (2) of 
this subsection. 
APPLICATIONS 
20 use 4107. 
SEC. 608. (a) No State educational agency shall be entitled to any 
payment under this title for any period unless that agency submits 
an application to the Secretary at such time, in such manner, and 
containing or accompanied by such information, as the Secretary 
may reasonably require. Each such application shall— 
(1) provide that the educational programs, services, and activi-
ties for which payments under this title are made will be 
administered by or under the supervision of the agency; 
(2) provide assurances that payments under this title will be 
used for purposes set forth in section 607; 
(3) provide assurances that such payments will be distributed 
among local educational agencies within that State on the basis 
of the number of children counted with respect to such local 
educational agency under section 6O60b)(l), adjusted to reflect 
any reductions imposed pursuant to section 606(b)(3) which are 
attributable to such local educational agency; 
(4) provide assurances that the State educational agency will 
not finally disapprove in whole or in part any application for 
funds received under this title without first affording the local 
educational agency submitting an application for such funds 
reasonable notice and opportunity for a hearing; 
(5) provide for making such reports as the Secretary may 
reasonably require to perform the functions under this title; 
and 
(6) provide assurances— 
(A) that to the extent consistent with the number of 
immigrant children enrolled in the elementary or second-
ary nonpublic schools within the district served by a local 
educational agency, such agency, after consultation with 
appropriate officials of such schools, shall provide for the 
benefit of these children secular, neutral, and nonideologi-
cal services, materials, and equipment necessary for the 
education of such children; 
(B) that the control of funds provided under this title and 
the title to any materials, equipment, and property re-
paired, remodeled, or constructed with those funds shall be 
in a public agency for the uses and purposes provided in 
this title, and a public agency shall administer such funds 
and property; and 
(C) that the provision of services pursuant to this para-
graph shall be provided by employees of a public agency or 
through contract by such public agency with a person, 
association, agency, or corporation who or which, in the 
provision of such services, is independent of such elemen-
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2405 
tary or secondary nonpublic school and of any religious 
organization; and such emplo3anent or contract shall be 
under the control and supervision of such public agency, 
and the funds provided under this paragraph shall not be 
commingled with State or local funds, 
(b) The Secretary shall approve an application which meets the 
requirements of subsection (a). The Secretary shall not finally disap-
prove an application of a State educational agency except after 
resisonable notice and opportunity for a hearing on the record to 
such agency. 
PAYMENTS 
SEC. 609. (a) Except as provided in section 6030)), the Secretary 
20 use 4i08. 
shall pay to each State educational agency having an application 
approved under section 608 the amount which that State is entitled 
to receive under this title. 
0)) If by reason of any provision of law a local educational agency 
is prohibited from providing educational services for children en-
rolled in elementary and secondary nonpublic schools, as required 
by section 608(aX6), or if the Secretary determines that a local 
educational agency has substantially failed or is unwilling to pro-
vide for the participation on an equitable basis of children enrolled 
in such schools, the Secretary may waive such requirement and 
shall arrange for the provision of services to such children through 
arrangements which shall be subject to the requirements of this 
title. Such waivers shall be subject to consultation, withholding, 
notice, and judicial review requirements in accordance with section 
5570D) (3) and (4) of the Education Consolidation and Improvement 
Act of 1981. 
20 use 3806. 
TITLE VII—GENERAL ADMINISTRATION AND 
ORGANIZATION 
AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT 
SEC. 701. (a) Section 204 of the Department of Education Organiza- 
20 use 3414. 
tion Act (20 U.S.C. 3418) is amended by adding at the end thereof the 
following new sentence: "There shall be within the Office of Elemen-
tary and Secondary Education and directly under the supervision of 
the Assistant Secretary for Elementary and Secondary Education, 
an Office of Migrant Education, which shall be responsible for the 
administration of programs established by subpart 1 of part B of 
title I of the Elementary and Secondary Education Act of 1965 and 
by subpart 5 of part A of title IV of the Higher Education Act of 
1965.". 
0)) For the purposes of section 413(a) of the Department of Educa- 
20 use 3473 
tion Organization Act (20 U.S.C. 3473), the Office of Migrant Educa-
tion shall be considered to be an organizational entity established by 
such Act and shall not be subject to the reorganizational authority 
of the Secretary of Education under that section or any other 
provision of law. 
EXTENSION OF AUTHORIZATIONS U N D E R THE GENERAL EDUCATION 
PROVISIONS ACT 
SEC. 702. (a) Section 405(kX7) of the General Education Provisions 
Act (20 U.S.C. 1221e(kX7)) is amended by striking out "$10,500,000 
note. 
98 STAT. 2406 
PUBLIC LAW 98-511—OCT. 19, 1984 
for each fiscal year ending prior to October 1, 1983" and inserting in 
lieu thereof "$8,000,000 for fiscal year 1985, and $10,800,000 for each 
succeeding fiscal year ending prior to October 1, 1989". 
20USCi22le-i. 
(b) Section 406(g) of such Act (20 U.S.C. 1221-l(g)) is amended— 
(1) by striking out "October 1, 1983" in paragraph (1) and 
inserting in lieu thereof "October 1, 1989"; and 
(2) by striking out paragraph (2) and inserting in lieu thereof 
the following: 
"(2) The amount available for grants and contracts by the Assist-
ant Secretary under subsection (e) shall not exceed $10,000,000 for 
fiscal year 1985, $12,000,000 for fiscal year 1986, $14,000,000 for 
fiscal year 1987, $16,000,000 for fiscal year 1988, and $18,000,000 for 
fiscal year 1989.". 
NATIONAL INSTITUTE OF EDUCATION 
SEC. 703. (a) Section 405(k)(l) of the General Education Provisions 
Act (20 U.S.C. 1221e(k)(l)) is amended by striking out "and" at the 
end of subparagraph (C), by striking out the period at the end of 
subparagraph (D) and inserting in lieu thereof "; and", and by 
inserting after such subparagraph the following: 
"(E) with respect to each State which voluntarily participates 
in accordance with paragraph (5), provide for a statement of 
information collected by the National Assessment for each such 
State.". 
Ob) Section 405(k)(3) of such Act is amended by adding at the end 
thereof the following: "The appropriateness of all cognitive, back-
ground, and attitude items developed as part of the National Assess-
ment shall be the responsibility of the Assessment Policy Commit-
tee. Such items shall be subject to review by the Department of 
Education and the Office of Management and Budget for a single 
period of not more than 60 days.". 
20 u s e 1221e-l. 
COLLECTION OF DATA 
SEC. 704. (a) Section 405 of the General Education Provisions Act 
(20 U.S.C. 1221e) is further amended by adding at the end thereof 
the following new subsection: 
"(1) For purposes of this section, the terms 'United States' and 
'State' include the District of Columbia and Puerto Rico.". 
(b) Section 406 of such Act (20 U.S.C. 1221-1) is amended— 
(1) by redesignating subsection (i) as subsection (h); and 
(2) by adding at the end thereof the following new subsection: 
"(i) For purposes of this section, the terms 'United States' and 
'State' include the District of Columbia and Puerto Rico.". 
ANNUAL EVALUATION REPORTS 
SEC. 705. Section 417(a) of the General Education Provisions Act 
(20 U.S.C. 1226c(a)) is amended by striking out "November 1" and 
inserting in lieu thereof "December 31". 
CONFLICT-OF-INTEREST 
SEC. 706. (a) Section 4350t)) of the General Education Provisions 
Act (20 U.S.C. 1232da))) is amended— 
(1) by striking out "and" at the end of paragraph (6); 
PUBLIC LAW 98-511—OCT. 19, 1984 
98 STAT. 2407 
(2) by striking out the period at the end of paragraph (7) and 
inserting in lieu thereof "; and"; and 
(3) by inserting after such paragraph the following new para-
graph: 
"(8) that none of the funds expended under any applicable 
program will be used to acquire equipment (including computer 
software) in any instance in which such acquisition results in a 
direct financial benefit to any organization representing the 
interests of the purchasing entity or its employees or any 
affiliate of such an organization.". 
(b) Section 436(b) of the General Education Provisions Act (20 
U.S.C. 1232e0))) is amended— 
(1) by striking out "and" at the end of paragraph (7); 
(2) by striking out the period at the end of paragraph (8) and 
inserting in lieu thereof "; and"; and 
(3) by inserting after such paragraph the following new para-
graph: 
"(9) that none of the funds expended under any applicable 
program will be used to acquire equipment (including computer 
software) in any instance in which such acquisition results in a 
direct financial benefit to any organization representing the 
interests of the purchasing entity or its employees or any 
affiliate of such an organization.". 
STUDENT FINANCIAL ASSISTANCE TECHNICAL AMENDMENTS ACT OF 1^82 
SEC. 707. The Student Financial Assistance Technical Amend-
ments Act of 1982 is amended— 
(1) in section 3(a), by striking out "and 1984-1985" and insert-
ing in lieu thereof '^, 1984-1985, 1985-1986, and 1986-1987"; 
(2) in section 3(b), by striking out "year 1984-1985" and 
inserting in lieu thereof "years 1984-1985, 1985-1986, and 1986-
1987"; 
(3) by striking out "and 1985-1986" each place it appears in 
sections 4, 5(a), 50t))(l), 5(c), and 6 and inserting in lieu thereof ", 
1985-1986, and 1986-1987"; 
(4) in section 503)(2), by striking out "and" at the end of clause 
(A), by striking out the period at the end of clause (B) and 
inserting in lieu thereof "; and", and by inserting after clause 
(B) the following new clause: 
"(C) for the period from October 1, 1983, through September 
30, 1984, and the arithmetic mean of such index for the period 
from October 1,1984, through September 30,1985, in the case of 
academic year 1986-1987."; 
(5) in section 5(b)(3), by striking out "and immediately" and 
inserting in lieu thereof ", immediately" and by inserting before 
the period at the end thereof a comma and the following: "and 
immediately after such publication for September 1985 (with 
respect to academic year 1986-1987)"; 
(6) in section 5(d), by striking out "and" at the end of para-
graph (1), by striking out the period at the end of paragraph (2) 
and inserting in lieu thereof "; and", and by inserting after 
such paragraph the following new paragraph: 
"(3) not later than April 1, 1985, for academic year 1986-
1987."; 
(7) in section 9(a), by inserting "and from July 1, 1986, 
through June 30,1987," after "June 30,1986,"; and 
20 u s e 1070a 
note. 
20 u s e 1070a 
note. 
20 u s e 1070a 
note, 1089 note. 
20 u s e 1070a 
note. 
20 u s e 1070a 
note. 
20 u s e 1070a 
note. 
20 u s e 1078 
note. 
98 STAT. 2408 
PUBLIC LAW 98-511—OCT. 19, 1984 
20 use 1078 
(8) in section 9(c), by striking out "and" at the end of para-
'^°*®- 
graph (2), by striking out the comma at the end of paragraph (3) 
and inserting in lieu thereof "; and", and by inserting after 
such paragraph the following new paragraph: 
"(4) April 1, 1986, for the period of instruction from July 1, 
1986, through June 30, 1987,". 
EFFECTIVE DATE AMENDMENT 
20 use 3804 
SEC. 708. Section 25(b) of Public Law 98-211 (97 Stat. 1419) is 
"°*^ 
amended by striking out "June 30, 1983" and inserting in lieu 
thereof "June 30,1984". 
EDUCATION AMENDMENTS OF 1978: ASSISTANCE TO TERRITORIES 
92 Stat. 2379. 
SEC. 709. (a) Sections 1524 and 1525 of the Education Amendments 
of 1978 are each amended by striking out "1979" and inserting in 
lieu thereof "1985". 
(b) No funds in excess of $5,000,000 are authorized to be appropri-
ated for fiscal year 1985 to carry out the provision of such sections. 
CONTRACT AUTHORITY 
20 use 2701 
SEC. 710. Any authority to make payments or to enter into 
^^^^- 
contracts under this Act shall be available only to such extent or in 
such amounts as are provided in advance in appropriation Acts. 
EFFECTIVE DATE 
20 use 2701 
SEC. 711. (a) Except as provided in subsection (b), this Act and the 
"°*® 
amendments made by this Act shall take effect on the date of 
enactment of this Act or October 1, 1984, whichever occurs later. 
Ob) The amendments made by title I of this Act shall take effect on 
July 1,1985. 
Approved October 19, 1984. 
LEGISLATIVE HISTORY—S. 2496 (H.R. 11): 
HOUSE REPORTS: No. 98-748 accompanying H.R. 11 (eomm. on Education and 
Labor) and No. 98-1128 (eomm. of eonference). 
SENATE REPORT No. 98-503 (Oomm. on Labor and Human Resources). 
eONGRESSIONAL REeORD, Vol. 130 (1984): 
June 28, considered and passed Senate. 
July 26, H.R. 11 considered and passed House; S. 2496, amended, passed in lieu. 
Oct. 3, Senate agreed to conference report. 
Oct. 4, House agreed to conference report. 
WEEKLY C O M P I L A T I O N OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 42 (1984): 
Oct. 19, Presidential statement.