Education Amendments
PL 95-561 (H.R.15), enacted 11/01/1978

PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2143 
Public Law 95-561 
95th Congress 
An Act 
To extend and amend expiring elementary and secondary education programs, 
Nov. 1, 1978 
and for other purposes. 
[H.R. 15] 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assemhledy That this Act may Education 
be cited as the "Education Amendments of 1978". 
Amendments of 
TABLE OF CONTENTS 
TITLE I—AMENDMENT TO TITLE I OF THE ELEMENTARY AND 
SECONDARY EDUCATION ACT OF 1965 
Sec. 101. Special educational programs and pro'jects for educationally deprived 
children. 
"TITLE I—FINANCIAL ASSISTANCE TO MEET SPECIAL 
EDUCATIONAL NEEDS OF CHILDREN 
"Sec. 101. Declaration of policy. 
"Sec. 102. Duration of assistance. 
" ' "PABT A—PEOGEAMS OPEEATED BY LOCAL EDtJCATioNAi AGENCIES 
"Subpart 1—Basic Grants 
"Sec. 111. Grants—Amount and eligibility. 
"Sec. 112. Treatment of earnings for purposes of aid to families with 
dependent children. 
"Subpart 2—Special Grants 
"Sec, 116. Special incentive grants. 
"Sec. 117. Grants for local educational agencies in counties with especially 
high concentrations of children from low-income families. 
"Subpart 3—Program Requirements and Applications 
"Sec. 121. Local program application. 
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"Sec. 122. Designating school attendance areas. 
"Sec. 123. Children to be served. 
"Sec. 124. Requirements for design and implementation of programs. 
"Sec. 125. Parental involvement. 
"Sec. 126. Funds allocation. 
"Sec. 127. Accountability. 
"Sec. 128. Complaint resolution. 
"Sec. 129. Individualized plans. 
"Sec. 130. Participation of children enrolled in private schools. 
"Subpart 4—Exemptions From Certain Program Requirements 
"Sec. 131. Exclusions from excess costs and comparability provisions for 
certain special State and local programs. 
"Sec. 132. Limited exemption to supplement, not supplant, requirement 
where certain special programs for educationally deprived chil-
dren are fully funded. 
"Sec. 133. Schoolwide projects. 
"Sec. 134. Noninstructional duties. 
1978. 
20 u s e 2701 
note. 
92 STAT. 2144 
PUBLIC LAW 95-561—NOV. 1, 1978 
"PAST B—PBOGEAMS OPERATED BY STATE AGENCIES 
"Subpart 1—^Programs for Migratory Children 
"Sec. 141. Grants—Entitlement and amount. 
"Sec. 142. Program requirements. 
"Sec. 143. Coordination of migrant education activities. 
"Subpart 2—Programs for Handicapped Cliildren 
"Sec. 146. Amount and eligibility. 
"Sec. 147. Program requirements. 
"Subpart 3—Programs for Neglected and Delinquent Children 
"Sec. 151. Amount and entitlement. 
"Sec. 152. Program requirement. 
"Sec. 153. Transition services. 
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"Subpart 4—General Provisions for State Operated Programs 
"Sec. 156. Reservation of funds for territories. 
"Sec. 157. Minimum payments for State operated programs. 
"PAET C—STATE ADMINISTRATION OF PROGRAMS AND PROJECTS 
"Subpart 1—Applicability; State Applications 
"Sec. 161. Applicability. 
"Sec. 162. State applications. 
"Subpart 2—Duties Imposed on State Educational Agencies 
"Sec. 164. Application approval. 
"Sec. 165. State rulemaking. 
"Sec. 166. Technical assistance and dissemination of information. 
"See. 167. Monitoring. 
"Sec. 168. Complaint resolution. 
"Sec. 169. Withholding of payments. 
"Sec. 170. Audits and audit resolution. 
"Subpart 3—•Responsibilities of State Educational Agencies to Commissioner 
"Sec. 171. State monitoring and enforcement plans. 
"Sec. 172. Reporting. 
"Sec. 173. Recordkeeping, fiscal control, and fund accounting. 
"Sec. 174. Prohibition of consideration of Federal aid in determining State 
aid. 
"PART D—FEDERAL ADMINISTRATION OF PROGRAMS AND PROJECTS 
"Sec. 181. Applicability, 
"Sec. 182. Approval of applications. 
"Sec. 183. Program evaluation. 
"Sec. 184. Complaint resolution. 
"Sec. 185. Audits and audit resolution. 
"Sec. 186. Withholding of payments. 
"Sec. 187. Policy manual. 
"Sec. 188. Enforcement report. 
"PART E—PAYMENTS 
"Sec. 191. Payment methods. 
"Sec. 192. Amount of payments to local educational agencies. 
"Sec. 193. Adjustments where necessitated by appropriations. 
"Sec. 194. Payments for State administration. 
"PART F—GENERAL PROVISIONS 
"Sec. 195. Judicial review. 
"Sec. 196. National Advisory Council. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2145 
"Sec. 197. Limitation on grant to Puerto Rico. 
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"Sec. 198. Definitions.". 
Sec. 102. Study of alternatives for demonstrating comparability. 
TITLE II—ESTABLISHMENT OF A NEW TITLE II OF THE ELEMENTARY 
AND SECONDARY EDUCATION ACT OF 1965 
Sec. 201. Basic skills. 
"TITLE II—BASIC SKILLS IMPROVEMENT 
"PART A—NATIONAL PEOGEAM 
"Sec. 201. Purpose. 
"Sec. 202. Applications. 
"Sec. 203. Acceptance of gifts. 
"Sec. 204. Grants and contracts. 
"Sec. 205. Instruction in basic skills. 
"Sec. 206. Parental participation in basic skills instruction. 
"Sec. 207. Use of technology in basic skills instruction. 
"Sec. 208. Involvement of educational agencies and private organizations. 
"Sec. 209. Collection and dissemination of information relating to basic 
skills programs. 
"Sec. 210. Coordination. 
"PART B—STATE BASIC SKILLS IMPROVEMENT PROGRAM 
"Sec. 221. Statement of purpose. 
"Sec. 222. Agreements with State educational agencies. 
"Sec. 223. Distribution of funds. 
"Sec. 224. State leadership program. 
"PART C—SPECIAL PROGRAMS FOB IMPROVING BASIC SKILLS 
"Sec. 231. Inexpensive book distribution program for reading motivation. 
"Sec. 232. Special mathematics program. 
"PART D—GENERAL PROVISIONS 
"Sec. 241. Authorization of appropriations. 
"Sec. 242. Apportionment of appropriations.". 
TITLE III—ESTABLISHMENT OF A NEW TITLE III OP THE ELEMEN-
TARY AND SECONDARY EDUCATION ACT OF 1965 
Sec. 301. Special projects. 
"TITLE 
III—SPECIAL 
PROJECTS ^ 
"PART A—GENERAL PROVISIONS 
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"Sec. 301. Statement of purpose. 
"Sec. 302. Grants and contracts authorized. 
"Sec. 303. Commissioner's discretionary projects. 
"PART B—METRIC EDUCATION 
"Sec. 311. Short title; declaration of purpose. 
"Sec. 312. Program authorized. 
"Sec. 313. Application. 
"Sec. 314. Authorization of appropriations. 
"PART C—ARTS IN EDUCATION 
"Sec. 321. Short title; statement of findings. 
"Sec. 322. Program authorized. 
"Sec. 323. Authorization of appropriations. 
39-194 O—80—pt. 2 
55 : QL3 
92 STAT. 2146 
PUBLIC LAW 95-561—NOV. 1, 1978 
"PABT D—PKESCHOOL PABTNEBSHIP PBOGBAMS 
"Sec. 325. Establishment of program. 
"PABT B—CONSUMEB EDUCATION 
"Sec. 331. Short title; statement of findings. 
"Sec. 332. Oflace of Consumers' Education. 
"Sec. 333. Program authorized. 
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"Sec. 334. Application. 
"Sec. 335. Reports and evaluations. 
"Sec. 336. Reservation of funds. 
"PABT F—YOUTH EMPLOYMENT 
"Sec. 341. Program authorized. 
"Sec. 342. Authorization of appropriations. 
"PABT G—LAW-RELATED EDUCATION 
"Sec. 346. Short title; declaration of findings. 
"Sec. 347. Program authorized. 
"Sec. 348. Authorization of appropriations. 
"PABT H—ENVIBONMENTAL EDUCATION 
"Sec. 351. Short title; declaration of findings; purpose. 
"Sec. 352. Office of Environmental Education. 
"Sec. 353. Program authorized. 
"Sec. 354. Application. 
"Sec. 355. Technical assistance. 
"Sec. 356. Special grants. 
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"Sec. 357. Administration. 
"Sec. 358. Authorization of appropriations. 
"PABT I—HEALTH EDUCATION 
"Sec. 361. Short title; declaration of purpose. 
"Sec. 362. Program authorized. 
"Sec. 363. Application. 
"Sec. 364. Authorization of appropriations. 
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"PABT J—CoBBEonoN EDUCATION 
"Sec. 371. Short title. 
"Sec. 372. Program authorized. 
"Sec. 373. Technical assistance. 
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"Sec. 374. Authorization of appropriations. 
"PABT K—DISSEMINATION OF INFOB^ATION 
"Sec. 376. Dissemination of information. 
"PABT L—BIOMEDICAL SCIENCES 
"Sec. 381. Findings and purpose. 
"Sec. 382. Definitions. 
"Sec. 383. Projects for economically disadvantaged students. 
"Sec. 384. Project activities. 
"Sec. 385. Applications. 
"Sec. 386. Use of funds. 
"Sec. 387. Appropriations authorized. 
"PABT M—POPULATION EDUCATION 
"Sec. 391. Short title. 
"Sec. 392. Program authorized.". 
TITLE IV—AMENDMENT TO TITLE IV OF THE ELEMENTARY AND 
SECONDARY EDUCATION ACT OF 1965 
Sec. 401. Libraries, learning resources, educational innovation and support. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2147 
"TITLE IV—EDUCATIONAL IMPROVEMENT, RESOURCES, AND 
SUPPORT 
"PART A—GENERAL PROVISIONS 
"Sec. 401. Purpose. 
"Sec. 402. Authorization of appropriations. 
"Sec. 403. Allotments to States. 
"Sec. 404. State plans. 
"Sec. 405. Payments to States. 
"Sec. 406. Participation of children enrolled in private schools. 
"PART B—INSTRUCTIONAL MATERIALS AND SCHOOL LIBRARY RESOURCES 
"Sec. 421. Activities authorized. 
"Sec. 422. Program requirements. 
"PART C—IMPROVEMENT IN LOCAL EDUCATIONAL PRACTICES 
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"Sec. 431. Activities authorized. 
"Sec. 432. Program requirements. 
"PART D—GUIDANCE, COUNSELING, AND TESTING 
"Sec. 441. Program authorized. 
"Sec. 442. Program requirements. 
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"Sec. 443. Administration.". 
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TITLE V—ESTABLISHMENT OF NEW TITLE V OF THE 
ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 
Sec. 501. State leadership. 
"TITLE V—STATE LEADERSHIP 
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"PART A—ADMINISTRATION OF EDUCATION PROGRAMS AND DUTIES OF THE 
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STATE EDUCATIONAL AGENCY 
"Sec. 501. Single State application. 
"Sec. 502. Single local educational agency application. 
"Sec. 503. Application approval. 
"Sec. 504. State rulemaking. 
"Sec. 505. Technical assistance and dissemination of information. 
"Sec. 506. Monitoring. 
"Sec. 507. Complaint resolution. 
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"Sec. 508. Withholding of payments. 
"Sec. 509. Audits and audit resolution. 
"Sec. 510. Payments; authorization. 
"PART B—STRENGTHENING STATE EDUCATIONAL MANAGEMENT 
"Sec. 521. Activities authorized. 
"Sec. 522. Program requirements. 
"Sec. 523. Authorization of appropriations. 
"PART C—COUNCILS ON QUALITY IN EDUCATION 
"Sec. 531. National and State advisory councils.". 
TITLE VI—ESTABLISHMENT OF A NEW TITLE VI OF THE ELEMEN-
TARY AND SECONDARY EDUCATION ACT OF 1965 
Sec. 601. Emergency school aid. 
"TITLE VI—EMERGENCY SCHOOL AID 
"Sec. 601. Short title. 
"Sec. 602, Bindings and purpose. 
92 STAT. 2148 
PUBLIC LAW 95-561—NOV. 1, 1978 
"Sec. 603. Policy with respect to the application of certain provisions of 
Federal law. 
"Sec. 604. Authorization. 
"Sec. 605. Apportionment among States. 
"Sec. 606. Eligibility for assistance. 
"Sec. 607. Authorized activities. 
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"Sec. 608. Special programs and projects. 
"Sec. 609. Metropolitan area projects. 
"Sec. 610. Applications. 
"Sec. 611. Educational television and radio. 
"Sec. 612. Payments. 
"Sec. 613. Evaluations. 
"Sec. 614. Joint funding. 
"Sec. 615. Attorney fees, 
"Sec. 616. Neighborhood schools. 
"Sec. 617. Definitions.", 
TITLE VII—AMENDMENT TO TITLE VII OF THE ELEMENTARY AND 
SECONDARY EDUCATION ACT OF 1965 
Sec. 701. Amendment. 
"TITLE VII—BILINGUAL EDUCATION PROGRAMS 
"Sec. 701. Short title. 
"Sec. 702. Policy; appropriations. 
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"Sec. 703. Definitions; regulations, 
"PART A—FINANCIAL ASSISTANCE FOB BILINGUAL EDUCATION PROQBAMS 
"Sec. 721. Bilingual education programs. 
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"Sec. 722. Indian children in schools. 
"Sec. 723. Training. 
"PABT B—^ADMINISTEATION 
"See. 731. OflBce of Bilingual Education. 
"Sec. 732. National Advisory Council on Bilingual Education. 
"PART C—SUPPORTIVE SERVICES AND ACTIVITIES 
"See. 741. Administration. 
"Sec. 742. Bilingual education research and development. 
"PABT D—CONTINUED BILINGUAL EDUCATION ASSISTANCE 
"Sec. 751. Assistance to local educational agencies eligible under the Emer-
gency School Aid Act.". 
TITLE VIII—ESTABLISHMENT OF A NEW TITLE VIII AND A NEW 
TITLE IX OF THE ELEMENTARY AND SECONDARY EDUCATION ACT 
OF 1965 
Sec. 801. Community education program authorized. 
"TITLE VIII—COMMUNITY SCHOOLS 
"Sec. 801. Short title. 
"See. 802. Statement of findings and policy. 
"Sec. 803. Definition of community education program. 
"Sec. 804. State programs for community education. 
"Sec. 805. Allotment. 
"Sec. 806. Use of community education programs for non-Federal contri-
bution in certain Federal programs. 
"Sec. 807. Uses of funds. 
"Sec. 808. State plan. 
"Sec. 809. Grants to local educational agencies. 
"Sec. 810. Grants to public agencies and nonprofit organizations for deliv-
ery of community services through community education. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2149 
"Sec. 811. National leadership and planning. 
"Sec. 812. Training of community education personnel. 
"Sec. 813. Research. 
"Sec. 814. Administration. 
"Sec. 815. Federal share.". 
Sec. 802. Additional programs authorized. 
"TITLE IX—.ADDITIONAL PROGRAMS 
"PABT A—GIFTED AND TALENTED CHILDBEN 
"Sec. 901. Short title; purpose. 
"Sec. 902. Definition. 
"Sec. 903. Authorization of appropriations; apportionment of appropri-
ations. 
"Sec. 904. State programs. 
"Sec. 905. Discretionary programs. 
"Sec. 906. State allotments. 
"Sec. 907. Administration. 
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"Sec. 908. Federal share. 
"PABT B—EDUCATIONAL PBOFICIENCY STANDARDS 
"Sec. 921. Grants to implement educational proficiency standards. 
"Sec. 922. Achievement testing assistance. 
"PABT C—WOMEN'S EDUCATIONAL EQIHTT 
"Sec. 931. Short title; purpose. 
"Sec. 932. Grant and contract authority. 
"Sec. 933. Application; participation. 
"Sec. 934. Small grants. 
"Sec. 935. Criteria and ixriorities. 
"Sec. 936. National Advisory Council on Women's Educational Programs. 
"Sec. 937. Report. 
"Sec. 938. Authorization of appropriations. 
"PABT D—'SPECIAL GRANTS FOR SAFE SCHOOLS 
"Sec. 941. Purpose. 
"Sec. 942. Authorization of appropriations. 
"Sec. 943. Allotments to local educational agencies. 
"Sec. 944. Application. 
"PABT E — E T H N I C HEBITAGE PBOGBAM 
"Sec. 951. Statement of policy. 
"Sec. 952. Ethnic heritage studies programs. 
"See. 953. Authorized activities. 
'^Sec. 954. Applications. 
"Sec. 955. Administrative provisions. 
"Sec. 956. National Advisory Council. 
"Sec. 957. Authorization of appropriations.". 
TITLE IX—AMENDMENTS RELATING TO GENERAL PROVISIONS OF 
THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 
See. 901. Revision of title VIII—^general provisions. 
TITLE X—IMPACT AID AMENDMENTS 
PABT A—PUBLIC LAW 874 
Sec. 1001. General extensions of Public Law 874. 
Sec. 1002. Revision of jurisdictional limits on locations of Federal property. 
Sec. 1003. Provisions regarding heavily impacted school districts. 
Sec. 1004. Absorption. 
Sec. 1005. Early payments on the basis of estimates. 
Sec. 1006. State equalization. 
Sec. 1007. Adjustments necessitated by appropriations. 
Sec. 1008. Hearings. 
92 STAT. 2150 
PUBLIC LAW 95-561—NOV. 1, 1978 
Sec. 1009. Children for whom local agencies are unable to provide education. 
Sec. 1010. Prompt consideration for applications. 
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Sec. 1011. Property owned by foreign governments and international organi-
zations. 
Sec. 1012. Definition of local educational agency. 
Sec. 1013. Handicapped children. 
Sec. 1014. Use of average daily membership. 
Sec. 1015. Impact aid study. 
PAST B—PUBLIC LAW 
815 
Sec. 1021. General extensions of Public Law 815. 
Sec. 1022. Determination of number of children. 
Sec. 1023. Construction arrangements. 
Sec. 1024. Disaster assistance. 
PAET C—GENERAL PBOVISIONS 
Sec. 1031. Northern Mariana Islands. 
Sec. 1032. Effective Date. 
TITLE XI—INDIAN EDUCATION 
PABT A—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 
Sec. 1101. Amendment to Public Law 874. 
Sec. 1102. Funding provision. 
Sec. 1103. Basic educational support. 
PABT B—BUBEAU OF INDIAN AFFAIBS PBOGBAMS 
Sec. 1121. Standards for the basic education of Indian children in Bureau of 
Indian Affairs schools. 
Sec. 1122. National criteria for dormitory situations. 
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Sec. 1123. Regulations. 
Sec. 1124. Studies. 
Sec. 1125. Facilities construction. 
Sec. 1126. Bureau of Indian Affairs education functions. 
Sec. 1127. Implementation. 
Sec. 1128. Allotment formula. 
Sec. 1129. Uniform direct funding and supjwrt. 
Sec. 1130. Policy for Indian control of Indian education. 
Sec. 1131. Education personnel. 
Sec. 1132. Management information system. 
Sec. 1133. Bureau education policies. 
Sec. 1134. Uniform education procedures and practices. 
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Sec. 1135. Recruitment of Indian educators. 
Sec. 1136. Annual report. 
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Sec. 1137. Rights of Indian students. 
Sec. 1138. Regulations. 
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See. 1139. Definitions. 
PART C—INDIAN EDUCATION PBOVISIONS 
Sec. 1141. Extension of authorization. 
Sec. 1142. Culturally related academic needs. 
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Sec. 1143. Demonstration projects. 
Sec. 1144. Parent committees. 
Sec. 1145. Allocation adjustment. 
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Sec. 1146. Tribal schools. 
Sec. 1147. Definition study. 
Sec. 1148. Data collection. 
Sec. 1149. Program monitoring. 
Sec. 1150. Amendments to title X of the Elementary and Secondary Education 
Act of 1965. 
Sec. 1151. Definition of Indian. 
Sec. 1152. Teacher training and fellowships. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2151 
TITLE XII—ADMINISTRATIVE PROVISIONS 
PABT A—^EQUALIZATION 
Sec. 1201. Data collection. 
Sec. 1202. Equalization assistance. 
Sec. 1203. School finance. 
PABT B—PAPEBWOEK CONTROL 
Sec. 1211. Short title. 
Sec. 1212. General Education Provisions Act amendment. 
Sec. 1213. Applications. 
PABT C—FEDERAL, STATE AND LOCAL RESPONSIBILITIES 
Sec. 1231. State and local administration. 
Sec. 1232. Enforcement. 
PABT D—^GENERAL ADMINISTRATIVE PROVISIONS 
Sec. 1241. Office of Non-Public Education. 
Sec. 1242. National assessment of educational progress. 
Sec. 1243. National Center for Education Statistics. 
Sec. 1244. General authority of administrative heads of education agencies. 
Sec. 1245. Availability of appropriations. 
Sec. 1246. Evaluation. 
Sec. 1247. Revievs^ of applications. 
Sec. 1248. Technical assistance; dissemination. 
Sec. 1249. Maintenance of effort. 
Sec. 1250. Protection of pupil rights. 
PABT E3—EFFECTIVE DATE 
Sec. 1261. Effective Dates. 
TITLE XIII—REVISION OF OTIJER EDUCATION PROGRAMS 
PART A—ADULT EDUCATION 
Sec. 1301. Statement of purpose. 
Sec. 1302. Definition of adult education. 
Sec. 1303. Grants to States. 
Sec. 1304. Northern Mariana Islands. 
Sec. 1305. State plans. 
See. 1306. Payments. 
Sec. 1307. Research, evaluation, and clearinghouse. 
Sec. 1308. Special projects for the elderly. 
Sec. 1309. National Advisory Council. 
Sec. 1310. Authorization of appropriations. 
Sec. 1311. Educational opportunities for adult Indians. 
Sec. 1312. Indochina refugees. 
Sec. 1313. Adult education program for immigrants. 
PABT B—HIGHEB EDUCATION 
Sec. 1321. Teacher training programs. 
Sec. 1322. Amendment for advances for reserved funds of State loan insurance 
programs. 
Sec. 1323. Direct loans to students; conforming amendment. 
PABT C—INDOCHINESE REFUGEE CHILDBEN 
Sec. 1331. Extension of program. 
PABT D—^EDUCATION OF THE HANDICAPPED 
Sec. 1341. Technical amendment. 
PART B—GUIDANCE AND COUNSELING 
Sec. 1351. Extension of program. 
92 STAT. 2152 
PUBLIC LAW 95-561—NOV. 1, 1978 
TITLE 
XIV—OVERSEAS 
DEFENSE 
DEPENDENTS' 
EDUCATION 
Sec. 1401. Short title. 
Sec. 1402. Establishment of defense dependents' education system. 
Sec. 1403. Office of Dependents' Education. 
Sec. 1404. Tuition-paying students. 
Sec. 1405. Annual educational assessment 
Sec. 1406. School construction by the Director of Dependents' Education. 
Sec. 1407. School system for dependents in overseas areas. 
Sec. 1408. Eligibility for school lunch and breakfast programs. 
Sec. 1409. Allotment formula. 
Sec. 1410. School advisory committees. 
Sec. 1411. Advisory Council on Dependents' Education. 
Sec. 1412. Study of defense dependents'education system. 
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Sec. 1413. Regulations. 
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Sec. 1414. Definitions. 
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Sec. 1415. Effective dates. 
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TITLE XV—MISCELLANEOUS PROVISIONS 
PAKT A—INTERNATIONAL YEAB OF THE CHILD 
Sec. 1501. Declaration of purpose of the International Year of the Child. 
Sec. 1502. Establishment of a National Commission. 
Sec. 1503. Functions of the Commission. 
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Sec. 1C04. Coordination and administration. 
Sec. 1505. Waivers of certain other provisions of law. 
See. 1506. Termination date. 
Sec. 1507. Authorization of appropriations. 
PART B—NATIONAL ACADEMY OF PEACE AND CONFLICT RESOLUTION 
Sec. 1511. Establishment. 
Sec. 1512, Duties of Commission. 
Sec. 1513. Membership. 
Sec. 3514. Director and staff of Commission; experts and consultants. 
Sec. 1515. Powers of Commission. 
Sec. 1516. Reports. 
Sec. 1517. Termination. 
Sec. 1518. Authorization of appropriations. 
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Sec. 1519. Definitions. 
PART C—MISCELLANEOUS AMENDMENTS; EFFECTIVE DATES 
Sec. 1521. Preparation of census data. 
Sec. 1522. Authorization of appropriations for racially isolated school districts. 
Sec. 1523. Availability of education reports. 
Sec. 1524. General assistance for the Virgin Islands. 
Sec. 1525. Territorial teacher training assistance. 
Sec. 1526. Study of evaluation practices and procedures. 
Sec. 1527. Television program assistance. 
Sec. 1528. Limitation on contracting authority. 
Sec. 1529. Repeal. 
Sec. 1530. General effective date. 
TITLE I—AMENDMENT TO TITLE I OF THE ELEMEN-
TAEY AND SECONDARY EDUCATION ACT OF 1965 
SPECIAL EDUCATIONAL PROGRAMS AND PROJECTS FOR 
EDUCATIONALLY DEPRIVED CHILDREN 
SEC. 101. (a) Title I of the Act entitled "An Act to strengthen and 
improve educational quality and educational opportunities in the 
Nation's elementary and secondary schools", approved April 11,1965, 
as amended (Public Law 89-10, also known as the Elementary and 
20use821 note. Secondary Education Act of 1965), is amended to read as follows: 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2153 
"TITLE I—FINANCIAL ASSISTANCE TO MEET SPECIAL 
EDUCATIONAL NEEDS OF CHILDREN 
a 
DECLARATION OF POLICY 
"SEC. 101. In recognition of the special educational needs of chil- 20 USC 2701. 
dren of low-income families and the impact that concentrations of 
low-income families have on the ability of local educational agencies 
to support adequate educational programs, the Congress hereby 
declares it to be the policy of the United States to provide financial 
assistance (as set forth in the following parts of this title) to local 
educational agencies serving areas with concentrations of children 
from low-income families to expand and improve their educational 
programs by various means (including preschool programs) which 
contribute particularly to meeting the special educational needs of 
educationally deprived children. Further, in recognition of the special 
educational needs of children of certain migrant parents, of Indian 
children and of handicapped, neglected, and delinquent children, the 
Congress hereby declares it to be the policy of the United States to 
provide financial assistance (as set forth in the following parts of 
this title) to help meet the special educational needs of such children. 
"DURATION OF ASSISTANCE 
"SEC. 102. During the period beginning October 1,1978, and ending 20 USC 2702. 
September 30, 1983, the Commissioner shall, in accordance with the 
provisions of this title, make payments to State educational agencies 
for grants made on the basis of entitlements created under this title. 
"PART A—PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES 
"Subpart 1—Basic Grants 
'GRANTS—^AMOUNT AND ELIGIBILITY 
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"SEC. 111. (a) AMOUNT OF GRANTS.—(1) There is authorized to be Appropriation 
appropriated for each fiscal year for the purpose of this paragraph 1 authorization, 
per centum of the amount appropriated for such year for payments to ^^ ^^^ 2711. 
States under part E (other than payments under such part to jurisdic- Post, p. 2195. 
tions excluded from the term 'State' by this subsection, and payments 
pursuant to section 156), and there is authorized to be appropriated Post, p. 2182. 
such additional sums as will assure at least the same level of funding 
under this title as in fiscal year 1976 for Guam, American Samoa, the 
Virgin Islands, the Northern Mariana Islands, the Trust Territory of 
the Pacific Islands, and to the Secretary of the Interior for payments 
pursuant to paragraphs (1) and (2) of subsection (d). The amount 
appropriated pursuant to this paragraph shall be allotted by the Com-
missioner (A) among Guam, American Samoa, the Virgin Islands, the 
Northern Mariana Islands, and the Trust Territory of the Pacific 
Islands according to their respective need for grants under this part, 
and (B) to the Secretary of the Interior in the amount necessary (i) to 
make payments pursuant to paragraph (1) of subsection (d),and (ii) 
to make payments pursuant to paragraph (2) of subsection (d). The 
grant which a local educational agency in Guam, American Samoa, 
the Virgin Islands, the Northern Mariana Islands, and the Trust 
92 STAT. 2154 
PUBLIC LAW 95-561—NOV. 1, 1978 
Territory of the Pacific Islands is eligible to receive shall be determined 
pursuant to such criteria as the Commissioner determines will best 
carry out the purpose of this title. 
"(2) (A) In any case in which the Commissioner determines that 
satisfactory data for that purpose are available, the grant which a local 
educational agency in a State is eligible to receive under this subpart 
for a fiscal year shall (except as provided in paragraph (3) be deter-
mined by multiplying the number of children counted under sub-
section (c) by 40 per centum of the amount determined under the next 
sentence. The amount determined under this sentence shall be the aver-
age per pupil expenditure in the State except that (i) if the average 
per pupil expenditure in the State is less than 80 per centum of the 
average per pupil expenditure in the United States, such amount shall 
be 80 per centum of the average per pupil expenditure in the United 
States, or (ii) if the average per pupil expenditure in the State is more 
than 120 per centum of the average per pupil expenditure in the United 
States, such amount shall be 120 per centum of the average per pupil 
expenditure in the United States. 
"(B) In any case in which such data are not available, subject to 
paragraph (3), the grant for any local educational agency in a State 
shall be determined on the basis of the aggregate amount of such 
grants for all such agencies in the county or counties in which the 
school district of the particular agency is located, which aggregate 
amount shall be equal to the aggregate amount determined under sub-
paragraph (A) for such county or counties, and shall be allocated 
among those agencies upon such equitable basis as may be determined 
by the State educational agency in accordance with the basic criteria 
prescribed by the Commissioner. 
Grants for Puerto 
"(C) For each fiscal year, the Commissioner shall determine the 
^^' 
percentage which the average per pupil expenditure in Puerto Rico 
is of the lowest average per pupil expenditure of any of the fifty States. 
The grant which Puerto Rico shall be eligible to receive under this 
subpart for a fiscal year (exclusive of any amount received under 
paragraph (3) (D) shall be the amount arrived at by multiplying the 
number of children counted under subsection (c) for Puerto Rico by 
the product of— 
"(i) the percentage determined under the preceding sentence, 
and 
"(ii) 32 per centum of the average per pupil expenditure in 
the United States. 
''^- • 5 
"(3) (A) Upon determination by the State educational agency that 
a local educational agency in the State is unable or unwilling to pro-
vide for the special educational needs of children described in clause 
(C) of paragraph (1) of subsection (c), who are living in institutions 
for neglected or delinquent children, the State educational agency 
shall, if it assumes responsibility for the special educational needs of 
such children, be eligible to receive the portion of the allocation to 
such local educational agency which is attributable to such neglected 
or delinquent children, but if the State educational agency does not 
assume such responsibility, any other State or local public agency, as 
determined by regulations established by the Commissioner, which does 
assume such responsibility shall be eligible to receive such portion of 
the allocation. 
"(B) In the case of local educational agencies which serve in whole 
or in part the same geographical area, and in the case of a local educa-
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2155 
tional agency which provides free public education for a substantial 
number of children who reside in the school district of another local 
educational agency, the State educational agency may allocate the 
amount of the grants for those agencies among them in such manner 
as it determines will best carry out the purposes of this title. 
"(C) In any State in which a large number of local educational 
agencies overlap county boundaries, the State educational agency may 
apply to the Commissioner for authority during any particular fiscal 
year to make the allocations under this part (other than section 117) 
directly to local educational agencies without regard to the counties. If 
^ 
the Commissioner approves an apj)lication of a State educational 
agency for a particular year under this subparagraph, the State educa-
tional agency shall provide assurances that such allocations will be 
made using precisely the same factors for determining a grant as are 
used under this part and that a procedure will be established through 
which local educational agencies dissatisfied with the determinations 
made by the State educational agency may appeal directly to the Com-
missioner for a final determination. 
"(D) (i) From one-half of any amount made available for this sub-
part for any fiscal year in excess of the amount made available for this 
subpart for fiscal year 1979, there shall be alloted to each State an 
amount which bears the same ratio to such excess as the product of— 
"(I) the number of children in such State aged five to seven-
teen, inclusive, from families below 50 per centum of the median 
national income for four-person families from the 1975 survey of 
income and education conducted by the Bureau of the Census, 
multiplied by— 
"(II) 40 per centum of the amount determined under the sec-
ond sentence of pra^raph (2) (A) and, in the case of Puerto Eicol 
p 
the product determmed under subparagraph (C) (i) and (ii) of 
this paragraph, 
bears to the sum of such products for all the States. 
"(ii) In any case in which the Commissioner finds that a State's 
percentage decrease in children from low-income families exceeds 25 
per centum between the 1970 decennial census, as adjusted, and the 
1975 survey of income and education, the Commissioner shall allocate 
funds based on the most current valid data available or based on a 
resurvey of the affected State by the Bureau of the Census. 
"(iii) From the amount allotted to each State under division (i), 
the amount which each local educational agency in that State shall be 
eligible to receive under this subparagraph shall be an amount which 
bears the same ratio to the total amount allotted to such State under 
this subparagraph as the amount such local educational agency receives 
under paragraph (2) bears to the total amount of funds made avail-
able to local educational agencies in such State under such paragraph. 
"(E) From the remaining one-half of any amount made available 
for this subpart for any fiscal year in excess of the amount made avail-
able for this subpart for fiscal year 1979 after the application of 
subparagraph (D), there shall be allotted to each State an amount 
determined in accordance with paragraph (2) of this subsection. 
"(4) For purposes of this subsection, the term 'State' does not 
include Guam, American Samoa, the Virgin Islands, the Northern 
Mariana Islands, and the Trust Territo^ of the Pacific Islands. 
"(b) MINIMUM NUMBER OF CHILDREN To QUALIFY.—A local educa-
tional agency shall be eligible for a basic grant for a fiscal year under 
92 STAT. 2156 
PUBLIC LAW 95-561—NOV. 1, 1978 
this subpart only if it meets the following requirements with respect to 
the number of children counted under subsection (c) : 
"(1) In any case (except as provided in paragraph (3)) in which 
the Commissioner determines that satisfactory data tor the purpose of 
this subsection as to the number of such children are available on a 
school district basis, the number of such children in the school district 
of such local educational agency shall be at least ten. 
"(2) In any other case, except as provided in paragraph (3), the 
number of such children in the county which includes such local educa-
tional agency's school district shall be at least ten. 
"(3) In any case in which a county includes a part of the school 
district of the local educational agency concerned and the Commis-
sioner has not determined that satisfactory data for the purpose of 
this subsection are available on a school district basis for all the local 
educational agencies or all the counties into which the school district of 
the local educational agency concerned extends, the eligibility require-
ment with respect to the number of such children for such local educa-
tional agency shall be determined in accordance with regulations 
prescribed by the Commissioner for the purposes of this sulDsection. 
"(c) CHILDREN To BE COUNTED.— (1) (A) The number of children 
to be counted for purposes of this section, other than for subsection 
(a)(3)(D), is the aggregate of— 
" (i) the number of children aged five to seventeen, inclusive, in 
the school district of the local educational agency from families 
below the poverty level as determined under paragraph (2) (A), 
" (ii) the number of children aged five to seventeen, inclusive, in 
the school district of such agency from families above the poverty 
level as determined under paragraph (2) (B), subject to subpara-
graph (B) of this paragraph, and 
"(iii) the number of children aged five to seventeen, inclusive, 
in the school district of such agency living in institutions for neg-
lected or delinquent children (other than such institutions oper-
ated by the United States) but not counted pursuant to subpart 
3 of part B for the purposes of a grant to a State agency, or being 
supported in foster homes with public funds. 
"(B) For the purpose of division (ii) of subparagraph (A) of this 
paragraph the number of children aged five through seventeen, inclu-
sive, in the school district of such agency from families above the pov-
erty level as determined under paragraph (2) (B) shall be reduced by 
one-third for fiscal year 1979; except that such reduction shall not be 
applicable with respect to determinations made under section 117(b) 
of the number of children to be counted under this subsection. 
"(2) (A) For the purposes of this section, the Commissioner shall 
determine the number of children aged five to seventeen, inclusive, 
from families below the poverty level on the basis of the most recent 
satisfactory data available from the Department of Commerce for 
local educational agencies (or, if such data are not available for such 
agencies, for counties); and in determining the families which are 
below the poverty level, the Commissioner shall utilize the criteria of 
poverty used by the Bureau of the Census in compiling the 1970 decen-
nial census. 
"(B) For purposes of this section, the Secretary shall determine the 
number of children aged five to seventeen, inclusive, from families 
above the poverty level on the basis of the number of such children 
from families receiving an annual income, in excess of the current cri-
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2157 
teria of poverty, from payments under the program of aid to families 
with dependent children under a State plan approved under title IV of 
the Social Security Act; and in making such determinations the Sec- 42 USC 601. 
retary shall utilize the criteria of poverty used by the Bureau of the 
Census in compiling the 1970 decennial census for a nonfarm family of 
four in such form as those criteria have been updated by increases in 
the Consumer Price Index. The Secretary shall determine the num-
ber of such children and the number of children of such ages living 
in institutions for neglected or delinquent children, or being supported 
in foster homes with public funds, on the basis of the caseload data for 
the month of October of the preceding fiscal year (using, in the case of 
children described in the preceding sentence, the criteria of poverty 
and the form of such criteria required by such sentence which were 
determined for the calendar year preceding such month of October) 
or, to the extent that such data are not available to him before January 
of the calendar year in which the Secretary's determination is made, 
then on the basis of the most recent reliable data available to him at 
the time of such determination. 
"(C) When requested by the Commissioner, the Secretary of Com-
merce shall make a special estimate of the number of children of such 
ages who are from families below the poverty level (as determined 
under subparagraph (A) of this paragraph) in each county or school 
district, and the Commissioner is authorized to pay (either in advance 
or by way of reimbursement) the Secretary of Commerce the cost of 
making this special estimate. The Secretary of Commerce shall give 
consideration to any request of the chief executive of a State for the 
collection of additional census information. For purposes of this sec-
tion, the Secretary shall consider all children who are in correctional 
institutions to be living in institutions for delinquent children. 
"(d) PROGRAM FOR INDIAN CHILDREN.—(1) From the amount allot-
ted for payments to the Secretary of Interior under clause (B) (i) in 
the second sentence of subsection (a) (1), the Secretary of the Interior 
shall make payments to local educational agencies, upon such terms as 
the Commissioner determines will best carry out the purposes of this 
title with respect to out-of-State Indian children in the elementary 
and secondary schools of such agencies under special contracts 
with the Department of the Interior. The amount of such payment 
may not exceed, for each such child, 40 per centum of (A) the average 
per pupil expenditure in the State in which the agency is located or 
(B) 120 per centum of such expenditure in the United States, which-
ever is the greater. 
" (2) The amount allotted for payments to the Secretary of the Inte-
rior under clause (B) (ii) in the second sentence of subsection (a) (1) 
for any fiscal year shall be, as determined pursuant to criteria estab-
lished by the Commissioner the amount necessary to meet the special 
educational needs of educationally deprived Indian children on reser-
vations serviced by elementary and secondary schools operated for 
Indian children by the Department of the Interior. Such payment shall Agreement, 
be made pursuant to an agreement between the Commissioner and the 
Secretary containing such assurances and terms as the Commissioner 
determines will best achieve the purposes of this title. Such agreement 
shall contain (A) an assurance that payments made pursuant to this 
subparagraph will be used solely for programs and projects approved 
by the Secretary of the Interior which meet the applicable require-
ments of subpart 3 of this part and that the Department of the Inte-
92 STAT. 2158 
PUBLIC LAW 95-561—NOV. 1, 1978 
rior will comply in all other respects with the requirements of this title, 
and (B) provision for carrying out the applicable provisions of sub-
Post, pp. 2161, 
part 3 of this part and sections 171 and 172. 
2187. 
"TREATMENT or EARNINGS FOR PURPOSES or Am TO FAMILIES WITH 
DEPENDENT CHILDREN 
20 use 2712. 
"SEC. 112. Notwithstanding the provisions of title IV of the Social 
42 use 601. 
Security Act, a State plan approved under section 402 of such Act 
42 use 602. 
shall provide that for a period of not less than twelve months, and 
may provide that for a period of not more than twenty-four months, 
the first $85 earned by any person in any month for services rendered 
to any program assisted under this title of this Act shall not be 
regarded (1) in determining the need of such person under such 
approved State plan or (2) in determining the need for any other 
individual under such approved State plan. 
"Subpart 2—Special Grants 
" S P E C I A L INCENTIVE GRANTS 
20 use 2721. 
"SEC 116. (a) ELIGIBILITY.—(1) Each local educational agency that 
is eligible to receive a payment under section 111 for any fiscal year 
shall be entitled to an additional grant under this section for that 
fiscal year if it is located in a State which has in effect for that fiscal 
year a State program meeting the requirements of paragraph (2) 
under which financial assistance is provided to meet the special educa-
tion needs of educationally deprived children. 
"(2) A State program meets the requirements of this subsection if, 
under State law— 
"(A) the program meets the requirements of section 131(c); 
and 
"(B) not less than 50 per centum of the funds expanded under 
the program in any school district of any local educational agency 
in the State in the fiscal year preceding any fiscal year in which 
the State receives a payment under this subpart is expended in 
school attendance areas of such agencies having high concentra-
tions of children from low-income families. 
"(b) AMOUNT or GRANTS.—(1) Except as provided in paragraph 
(3), the aggregate amount to which the local educational agencies in a 
State are entitled under this section for any fiscal year shall be 50 per 
centum of the amount of State funds expended, in the most recent 
fiscal year for which data are available, under a State program meeting 
the requirements of paragraph (2) of subsection (a) of this section. 
" (2) The amount of the additional grant for each local educational 
agency in a State under this section for any fiscal year shall bear the 
same ratio to the amount allocated to such State under subsection (o) 
of this section as the amount allocated to such local educational agency 
' 
under section 111 of this title for such fiscal year bears to the aggregate 
amount allocated to all local educational agencies in the State under 
section 111 for such fiscal year, 
"(3) The aggregate amount which the local educational agencies in 
a State shall be eligible to receive under this section for any fiscal year 
shall not exceed 10 per centum of the aggregate amount which all local 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2159 
Information, 
submittal to 
Commissioner. 
educational agencies in such State are eligible to receive under section 
111 of this title for such fiscal year. 
" (4) Each State which desires to receive payments under this section 
shall develop a system for determining the data required by subpara-
graph (2) (B) of subsection (a) of this section relating to the per-
centage of State funds expended in school attendance areas having 
high concentrations of children from low-income families and required 
by paragraph (1) of this subsection relating to the amount of State 
funds expended under the State program referred to in that para-
graph. The State shall submit to the Commissioner such information 
as the Commissioner may request concerning that system. 
"(c) PAYMENTS; U S E OF FUNDS.—(1) Except as provided in para-
graph (3), the Commissioner shall pay to each State for each fiscal 
year the aggregate amount to which the local educational agencies in 
such State are entitled under subsection (b) after any ratable reduc-
tions under subsection (d). 
"(2) The total amount to which the local educational agencies in a 
State are entitled under this section for any fiscal year shall be added 
to the amount paid to such State under section 191 for such year. From Post, p. 2195. 
the amount paid to it under this subsection, the State shall distribute 
to each local educational agency of the State the amount of its addi-
tional grant as determined under subsection (b) (2). 
" (3) Whenever the expenditures made by a State in accordance with 
subsection (a) in a fiscal year equal or exceed expenditures in the pre-
ceding fiscal year, the amount paid to such State under this section 
shall, subject to subsection (d), not be less than the amount paid to 
such State under this section in the preceding fiscal year, and the total 
of any increases required under this paragraph shall be derived by 
proportionately reducing the amount paid to States which were not 
entitled to a payment under this section in the preceding fiscal year, 
except that the amount paid to a State under this section for any fiscal 
year shall not exceed the maximum amount to which such State is 
entitled for such fiscal year under paragraph (1) of subsection (b). 
"(4) The amount paid to a local educational agency under this part 
shall be used by such agency for activities undertaken pursuant to its 
application submitted under section 121 and shall be subject to all 
other requirements in subpart 3 of this part. 
"(d) EATABLE REDUCTIONS.—If the sums appropriated pursuant to 
subsection (e) for a fiscal year are not sufficient to pay in full the total 
amounts which all local educational agencies are entitled to receive 
under this section, the amount to be paid such agencies shall be ratably 
reduced to the extent necessary to bring such payments within the 
limits of the amounts so appropriated. In case additional funds become 
available for making payments under this section for that year, such 
reduced amounts shall be increased on the same basis that they were 
reduced. 
" (e) APPROPRIATIONS.—There are authorized to be appropriated for 
the purposes of this section such sums as may be necessary for fiscal 
year 1980 and for the three succeeding fiscal years. 
"GRANTS FOR LOCAL, EDUCATIONAL AGENCIES I N COUNTIES WITH ESPECIALLY 
HIGH CONCENTRATIONS OF CHILDREN FROM LOW-INCOME FAMILIES 
"SEC. Ilf7 (a) PURPOSE.—It is the purpose of this section to provide 20 USC 2722. 
additional assistance to local educational agencies in counties with 
92 STAT. 2160 
PUBLIC LAW 95-561—NOV. 1, 1978 
especially high concentrations of children from low-income families to 
enable local educational agencies in such counties to provide more 
effective programs of instruction, especially in the basic skills of read-
ing, writing, and mathematics, to meet the special educational needs 
of educationally deprived children. 
"(b) 
ELIGIBILITY FOR AND AMOUNT OF SPKCIAL GRANTS.— (1) P^ach 
county, in a State other than Guam, American Samoa, the Virgin 
Islands, the Northern Mariana Islands, and the Trust Territory of the 
Pacific Islands, which is eligible for a grant under this title for any 
fiscal year shall be entitled to an additional grant under this section 
for that fiscal year if— 
"(A) the number of children counted under section 111(c) of 
this title for local educational agemnos in such county for the pre-
; 
ceding fiscal year exceeds five thousand, or 
"(B) the number of children counted under section 111(c) 
exceeds 20 per centum of the total number of children aged five to 
seventeen, inclusive, in the school districts of local educational 
agencies in such county in that fiscal year, 
except that no such State shall receive less than one-quarter of 1 per 
centum of the sums appropriated under subsection (d) for such sec-
tion for such fiscal year. 
"(2) For each county in which there are local educational agencies 
eligible to receive an additional grant under this section for any fiscal 
year the Commissioner shall determine the product of— 
"(A) the number of children in excess of five thousand counted 
under section 111(c) for the preceding fiscal year or the number 
of children counted under that section in excess of 20 per centum 
of the total number of children aged five to seventeen, inclusive, 
in the school districts of local educational agencies in such county 
for that preceding fiscal year, whichever is greater, and 
"(B) the quotient resulting from the division of the amount 
determined for those agencies under section 111(a)(2) of this 
title for the fiscal year for which the determination is being made 
divided by the total number of children counted under section 
111 (c) for that agency for the preceding fiscal year. 
"(3) The amount of the additional grant to which an eligible county 
is entitled under this section for any fiscal year shall be an amount 
which bears the same ratio to the amount appropriated under subsec-
tion (d) for that fiscal year as the product determined under para-
graph (2) for such county for that fiscal year bears to the sum of such 
products for all counties in the United States for that fiscal year. 
"(4) For the purposes of this section, the Commissioner shall deter-
mine the number of children counted under section 111(c) for any 
county, and the total number of children aged five to seventeen, inclu-
sive, in school districts of local educational agencies in such county, 
on the basis of the most recent satisfactory data available at the time 
the entitlement for such county is determined under section 111. 
"(5) Funds allocated to counties under this part shall be allocated 
by the State educational agency, pursuant to regulations established 
by the Commissioner, among the several local educational agencies 
whose school districts lie (in whole or in part) within the county on 
the basis of the current distribution in the county of children aged 
five to seventeen, inclusive, from low-income families (using a pov-
erty level selected by the State educational agency consistent with 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2161 
the purposes of this title) as determined on the basis of the available 
data which such State educational agency determines best to reflect 
the current distribution in the county of children aged five to seven-
teen, inclusive, from low-income families, except that in determining 
the number of such children in any local educational agency in which 
less than 20 per centum of the children are from low-income families, 
each such child shall be counted as a fraction in which the numerator 
is the percentage of low-income children in the school district of that 
agency and the denominator is 20. 
"(c) PAYMENTS; USE or FUNDS.— (1) The total amount to which 
the counties in a State are entitled under this section for any fiscal year 
shall be added to the amount paid to that State under section 191 for Post, p. 2195. 
such year. From the amount paid to it under this section, the State 
shall distribute to local educational agencies in each county of the State 
the amount (if any) to which it is entitled under this section. 
"(2) The amount paid to a local educational agency under this 
section shall be used by that agency for activities undertaken pursuant 
to its application submitted under section 121 and shall be subject to 
the other requirements in subpart 3 of this part. 
"(d) APPROPRIATIONS.—There are authorized to be appropriated 
for the purposes of this section $400,000,000 for fiscal year 1979, and 
such sums as may be necessary for each of the four succeeding fiscal 
years. 
"Subpart 3—Program Kequirements and Applications 
'LOCAL PROGRAM APPLICATION 
"
T 
"SEC. 121; A local educational agency ma^ receive a grant under 20 USC 2731. 
this title for any fiscal year if it has on file with the State educational 
agency a current application, approved by the State educational 
agency, describing the programs and projects to be conducted with 
assistance provided under this title for a period of not to exceed three 
fiscal years, including the fiscal year for which the grant is to be made. 
Such an application may be amended at any time to describe changes 
in or additions to the activities originally set forth in the application. 
An application or amendment thereto shall be approved by the State 
educational agency upon its determination that the application 
provides for the use of such funds in a manner which meets the 
requirements of this subpart and is consistent with the assurances 
contained in the general application required by section 436 of the 
General Education Provisions Act, subject to such basic criteria as 20 USC 1232e. 
the Commissioner may prescribe. 
a 
DESIGNATING SCHOOL ATTENDANCE AREAS 
"SEC. 122. (a) GENERAL PROVISIONS.— (1) Except as provided in 20 USC 2732. 
paragraph (2) and subsections (b), (c), (d), and (e) of this section, 
a local educational agency shall use funds received under this title 
in school attendance areas having high concentrations of children 
from low-income families (hereinafter referred to as 'eligible school 
attendance areas'), and where funds under this title are insufficent to 
provide programs and projects for all educationally deprived chil-
dren in eligible school attendance areas, a local educational agency 
shall annually rank its eligible school attendance areas from highest 
to lowest, according to relative degree of concentration of children 
39-194 O—80—pt. 2 
56 : QL3 
92 STAT. 2162 
PUBLIC LAW 95-561—NOV. 1, 1978 
from low-income families. A local educational agency may carry on 
a program or project assisted under this title in an eligible school 
attendance area only if it also carries on such program or project in 
all other eligible school attendance areas which are ranked higher 
under the first sentence. A local educational agency may designate 
any school attendance area in which at least 25 per centum of the 
children are from low-income families as an eligible school attendance 
area if the aggregate amount expended under this title and under a 
State program meeting the requirements of section 131(c) in that 
fiscal year in each school attendance area of that agency in which 
projects assisted under this title were carried out in the preceding 
: :5; .; ' 
fiscal 
year equals or exceeds the amount expended from those sources 
in that area in such preceding fiscal year. The same measure of low 
income, which shall be chosen by the local educational agency and 
which may be a composite of several indicators, shall be used with 
respect to all such areas, both to identify the areas having high 
concentrations of children from low-income families and to determine 
the ranking of each area. 
"(2) (A) Notwithstanding the provisions of paragraph (1), in the 
selection of eligible school attendance areas, a local educational 
agency may, subject to the requirements of subparagraph (B), choose 
to rank all its school attendance areas as provided in paragraph (1) 
and also rank all its school attendance areas according to educational 
deprivation, and then serve all its school attendance areas ranked 
according to paragraph (1) in the order of their ranking under such 
paragraph unless another school attendance area ranked according to 
education deprivation has a substantially greater number or a sub-
stantially greater percentage of educationally deprived children, in 
which case such school attendance area may be served before service is 
provided to other school attendance areas ranked pursuant to para-
graph (1) which have a substantially smaller number or substantially 
smaller percentage of educationally deprived children. In the event 
that a local educational agency chooses to exercise the option provided 
under this paragraph, it shall not serve any more school attendance 
areas than the number identified pursuant to paragraph (1). 
"(B) Any local educational agency desiring to use the alternative 
ranking system described in subparagraph (A) shall, with the 
consent of the district-wide parent advisory council of that agency, 
apply for permission to use such system to the State educational 
agency of the State wherein such local educational agency is located. 
Such application shall be approved by such State educational agency 
only if such State educational agency finds that the use of such alter-
native ranking system will not substantially impair the delivery of 
compensatory education services to educationally deprived children 
from low-income families in project areas served by such local 
educational agency. Whenever a school district exercises the option 
•'*''* 
under this paragraph and actually serves one or more school attend-
ance areas ranked under this paragraph, none of the areas so ranked 
but not served shall be considered to be eligible school attendance 
areas under this title. 
"(b) USE or ENROLLMENT DATA IN CERTAIN SCHOOLS.—^A local 
educational agency may use funds received under this title for 
educationally deprived children who are in a school of such agency 
which is not located in an eligible school attendance area, but at which 
the proportion of children in actual average daily attendance who are 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2163 
from low-income families is substantially the same as the proportion 
of such children in such an area of that agency (hereinafter referred 
to as an 'eligible school'). 
"(c) CoNTiNUA'nox or ELIGIBILITY FOR CERTAIN SCHOOL ATTEND-
ANCE AREAS OR SCHOOLS.—xAn eligible school attendance area or an 
eligible school may be designated a project area under subsection (a) 
or a project school under subsection (b) for a fiscal year, even though 
it does not qualify under such subsections for that fiscal year, if such 
area or school was so designated in either of the two preceding fiscal 
years. 
"(d) 
LOWER RANKED SCHOOL ATTENDANCE AREAS OR SCHOOLS 
HAVING 
SUBSTANTIALLY GREATER 
INCIDENCES OF EDUCATIONALLY 
DEPRIVED CHILDREN T H A N HIGHER RANKED AREAS OR SCHOOLS.—The Regulations. 
Commissioner shall issue regulations providing for an exception to 
subsection (a) permitting children in lower ranked eligible school 
attendance areas or eligible schools having substantially greater 
incidences of educational deprivation than areas or schools ranked 
higher under subsections (a) or (b) to receive assistance before such 
children in higher ranked areas or schools receive such assistance. 
"(e) 
SKIPPING HIGHER RANKED SCHOOL ATTENDANCE AREAS OR 
SCHOOLS RECEIVING SERVICES OF THE SAME NATURE AND SCOPE FROM 
NON-FEDERAL SOURCES.—The Commissioner shall issue regulations Regulations, 
providing for an exception to subsection (a) or (b) permitting local 
educational agencies to skip higher ranked eligible school attendance 
areas or eligible schools receiving, from non-Federal funds, services 
of the same nature and scope as would otherwise be provided under 
this title. Whenever children residing in eligible areas and attending 
private elementary and secondary schools are ineligible for services of 
the same nature and scope from non-Federal sources, such children 
shall be selected for programs and projects under this title without 
regard to the provisions of this subsection. The number of children 
receiving services under this title who attend private elementary and 
secondary schools shall be determined in each local educational agency 
receiving assistance under this title without regard to non-Federal 
compensatory education funds which serve children in public elemen-
tary and secondary schools who are also eligible for assistance under 
this title. Children attending private elementary and secondary 
schools who receive assistance under this title shall be identified in 
accordance with this section and without regard to skipping higher 
ranked school attendance areas or schools receiving services of the 
same nature and scope from non-Federal sources. 
u 
CHILDREN TO BE SERVED 
"SEC. 123. (a) GENERAL PROVISIONS.—Except as provided in subsec- 20 USC 2733. 
tions (b), (c), and (d) of this section and section 133, a local educa-
tional agency must use funds received under this title for educationally 
deprived children, identified in accordance with section 124(b) as 
having the greatest need for special assistance, in school attendance 
areas or schools satisfying the requirements of section 122. 
"(b) CONTINUATION OF ELIGIBILITY FOR EDUCATIONALLY DEPRIVED 
CHILDREN W H O ARE N O LONGER I N GREATEST NEED OF ASSISTANCE.— 
Whenever for a fiscal year, an educationally deprived child in a school 
attendance area or school satisfying the requirements of section 122, 
does not meet the requirement of subsection (a) requiring that he be 
92 STAT. 2164 
PUBLIC LAW 95-561—NOV. 1, 1978 
in greatest need of special assistance, but did not meet such requirement 
in any previous year, and is still educationally deprived, that child 
may participate in a program or project assisted under this title for the 
current fiscal year. 
"(c) CONTINUATION OF ELIGIBILITY FOR EDUCATIONALLY DEPRIVED 
CHIIJOREN TRANSFERRED TO INELIGIBLE AREAS OR SCHOOLS I N THE SAME 
YEAR.—Educationally deprived children who begin participation in a 
program or project assisted under this title, in accordance with sub-
sections (a) and (b) but who, in the same school year, are transferred 
to a school attendance area or school not receiving funds under this 
title, may, if the local agency so determines, continue to participate 
in a program or project funded under this title for the duration of that 
^ 
same school year. 
"(d) SKIPPING CHILDREN DETERMINED To B E I N GREATEST NEED OF 
ASSISTANCE W H O ARE RECEIVING SERVICES OF THE SAME NATURE AND 
Regulations. 
ScoPE FROM NON-FEDERAL SOURCES.—The Commissioner shall issue 
regulations providing for an exemption to subsection (a) permitting 
local educational agencies, in providing services under this title, to skip 
educationally deprived children in greatest need of assistance who are 
receiving, from non-Federal sources, services of the same nature and 
scope as would otherwise be provided under this title. 
"REQUIREMENTS FOR DESIGN AND IMPLEMENTATION OF PROGRAMS 
20 use 2734. 
"SEC. 124. (a) PURPOSE OF PROGRAM.—A local educational agency 
may use funds received under this title only for programs and proj-
ects which are designed to meet the special educational needs of the 
children referred to in section 123. Such programs and projects may 
include the acquisition of equipment, payments to teachers of amounts 
^ 
in excess of regular salary schedules as a bonus for service in schools 
serving project areas, the training of teachers, and, where necessary, 
the construction of school facilities, and planning for such programs 
and projects. 
"(b) 
ASSESSMENT OF EDUCATIONAL 
NEED.—A local 
educational 
agency may receive funds under this title only if it makes an assess-
ment of educational needs each year to (1) identify educationally 
deprived children in all eligible attendance areas and to select those 
educationally deprived children who have the greatest need for special 
assistance; (2) identify the general instructional areas on which the 
program will focus; and (3) determine the special educational needs 
of participating children with specificity sufficient to facilitate devel-
opment of high-quality programs and projects. 
"(c) PLANNING.—A local educational agency may use funds received 
under this title for planning only if (1) the planning relates directly 
to programs or projects to be assisted under this title and has resulted, 
or is reasonably likely to result, in a program or project to be assisted 
under this title, and (2) such funds are needed because of the innova-
tive nature of the program or project or because such agency lacks 
the resources necessary to plan adequately for programs and projects 
to be assisted under this title. The amount a local educational agency 
may use for plans for any fiscal year may not exceed 1 per centum of 
the amount determined for that agency for that year pursuant to sec-
tion 111 or $2,000, whichever is greater. 
" ( d ) 
SUFFICIENT SIZE, SCOPE, AND QUALITY.—A local educational 
agency may use funds received under this title only for programs and 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2165 
projects which are of sufficient size, scope, and quality to give rea-
sonable promise of substantial progress toward meeting the special 
educational needs of the children being served, and to this end such 
programs and projects must involve an expenditure of not less than 
$2,500, except that a State educational agency may reduce such $2,500 
requirement for a local educational agency if it determines that it 
would be impossible, for reasons such as distance or difficulty of travel, 
for such local educational agency to join effectively with other local 
educational agencies for the purpose of meeting the requirement. 
"(e) 
EXPENDITURES RELATED TO RANKING OF PROJECT AREAS AND 
SCHOOLS.—A local educational agency may receive funds under this 
t^tie only if such funds are allocated among project areas or schools 
for programs and projects assisted under this title on the basis of the 
number and needs of children to be served as determined in accordance 
with section 123. 
"(f) 
COORDINATION W I T H OTHER PROGRAMS.—(1) A local educa-
tional agency may receive funds under this title only if it demonstrates 
that, in the development of its application, it has taken into considera-
tion benefits and services which are or may be available through other 
public and private agencies, organizations, or individuals. The local 
educational agency shall also demonstrate that in order to avoid dupli-
cation of effort and to ensure that all programs and projects comple-
ment each other, it has considered suggestions and offers of assistance 
made by other agencies which may aid in carrying out or making more 
effective the program or project for which the application is made. 
"(2) A local educational agency may use funds received under this 
title for health, social, or nutrition services for participating children 
under this title only if such agency has requested from the State edu-
cational agency assistance in locating and utilizing other Federal and 
State programs to provide such services. 
"(g) EVALUATIONS.—A local educational agency may receive funds 
under this title only if— 
"(1) effective procedures are adopted for evaluating, in accord-
ance with the evaluation schedule promulgated by the Commis-
sioner under section 183(g), the effectiveness of the programs Posf, p. 2189. 
assisted under this title in meeting the special educational needs 
of educationally deprived children; 
"(2) such evaluations will include, during each three-year 
. - • 
period, the collection and analysis of data relating to the degree 
to which programs assisted under this title have achieved their 
goals, including the requirements of section 130, and will also 
include objective measurements of educational achievement in 
basic skills over at least a twelve-month period in order to deter-
mine whether regular school year programs have sustained effects 
over the summer; and 
"(3) the evaluation will address the purposes of the programs, 
including the requirements of section 130, and the results of the 
evaluations will be utilized in planning for and improving proj-
ects and activities carried out under this title in subsequent years. 
"(h) 
INFORMATION DISSEMINATION.—A local educational agency 
may receive funds under this title only if effective procedures are in 
existence for acquiring and disseminating to teachers and administra-
tors significant information derived from educational research, dem-
onstration, and similar projects, and for adopting, where appropriate, 
promising educational practices developed through such projects. 
92 STAT. 2166 
PUBLIC LAW 95-561—NOV. 1, 1978 
Administration 
by public agency. 
20 use 1232b. 
"(i) TEACHER AND SCHOOL BOARD PARTICIPATION.—A local educa-
tional agency may receive funds under this title only if teachers in 
schools participating in programs assisted under this title, and school 
boards or comparable authority responsible to the public with juris-
diction over the schools, have been involved in planning for those 
programs and will be involved in the evaluation thereof. 
"(j) 
PARENT PARTICIPATION.—A local educational agency 
may 
receive funds under this title only if parents of children participating 
in programs assisted under this title are permitted to participate in 
the establishment of such programs and are informed of, and per-
mitted to make recommendations with respect to, the instructional 
goals of the program and the progress of their children in such pro-
gram, and such parents are afforded opportunities to assist their 
children in achieving such goals. 
"(k) SUSTAINING GAINS.—A local educational agency may receive 
funds under this title only if, in developing programs to be assisted 
imder this title, the local educational agency will give due considera-
tion to the inclusion of components designed to sustain the achieve-
ments of children beyond the school year in which the program is 
conducted, through such means as summer programs and intermediate 
and secondary level programs. 
"(1) TRAINING OF P^DUCATION AIDES.—A local educational agency 
may receive funds under this title for programs andi projects involv-
ing education aides, including volunteers, only if it has in effect well-
developed plans providing for coordinated programs of training in 
which education aides, including volunteers, and the professional staff 
whom they aie assisting will participate together. 
"(m) CONTROL OF FUNDS.—A local educational agency may receive 
funds under this title only if control of such funds, and title to property 
derived therefrom, is in a public agency for the uses and purposes 
provided in this title, and only if a public agency will administer such 
funds and property. 
"(n) CONSTRUCTION.—A local educational agency may use funds 
received under this title for projects for construction of school facili-
ties only if— 
"(1) the project is not inconsistent with overall State plans for 
the construction of school facilities and the requirements of sec-
tion 433 of the General Education Provisions Act are complied 
with on all such projects, 
"(2) in developing plans for such facilities due consideration 
has been given to compliance with such standards as the Secretary 
may prescribe or approve in order to ensure that facilities con-
structed with the use of Federal funds under this title are, to the 
extent appropriate in view of the uses to be made of the facilities, 
accessible to and usable by, handicapped persons, and 
"(3) in developing plans for such facilities, due consideration 
has been given to excellence of architecture and design, and inclu-
sion of works of art (not representing more than 1 per centum of 
the cost of the project), 
"(o) JOINTLY OPERATED PROGRAMS.—Two or more local educational 
agencies may, at their option, enter into an agreement for carrying 
out jointly operated programs and projects assisted under this title. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2167 
PARENTAL INVOLVEMENT 
Advisory council 
for entire school 
district. 
20 use 2735. 
Membership. 
"SEC. 125. (a) ESTABLISHMENT OF ADVISORY COUNCILS.—(1) A local 
educational agency may receive funds under this title onl^ if it estab-
lishes an advisory council for its entire school district which— 
"(A) has a majority of members who are parents of children to 
be served by projects assisted under this title; 
"(B) is composed of members elected by the parents in each 
district; and 
"(C) includes representatives of children and schools eligible 
to be served by, but not currently participating in, programs 
assisted with funds provided under this title. 
"(2) (A) A local educational agency may receive funds under this Advisory council 
title only if it establishes an advisory council for each project area or for project area or 
project school, except as provided in subparagraph (B), which— 
project school. 
"(i) has a majority of members who are parents of children to Membership, 
be served by programs assisted under this title, and 
"(ii) is composed of members elected by the parents in each 
project area or project school. 
"(B) In the case of any project area or project school in which not Waiver, 
more than one full-time equivalent staff member is paid with funds 
provided under this title, and in which not more than forty students 
participate in such programs, the requirements of subparagraph (A) 
shall be waived. 
"(C) In the case of any project area or project school in which 75 or Addi^onal 
more students are served by programs assisted by funds provided requirements, 
under this title, each such project area or project school advisory coun-
cil, in addition to meeting the requirements of subparagraph (A), 
shall— 
" (i) be composed of not less than 8 members, who shall serve for 
: 
terms of two years, after which time they may be re-elected; 
"(ii) elect officers of the council after it has been fully consti-
tuted ; and 
"(iii) meet a sufficient number of times per year, according to a 
schedule and at locations to be determined by such council. 
"(3) Any individual who is a teacher at a school serving a project 
area or is a parent of a child residing in an eligible school attendance 
area or attending an eligible school shall be eligible to be elected as a 
member of the district-wide advisory councils established pursuant to 
paragraph (1), but nothing in this sentence shall preclude the eligi-
bility of other individuals who are residents in that district. No indi-
vidual who is a teacher at a project school or a school serving a project 
area shall be ineligible to be elected as a member of a district-wide or 
project area or school advisory council on the basis of residency outside 
such area or district. 
"(b) RESPONSIBILITIES or ADVISORY COUNCILS.—Each local educa-
tional agency shall give each advisory council which it establishes 
under subsection (a) responsibility for advising it in planning for, and 
implementation and evaluation of, its programs and projects assisted 
under this title. 
"(c) ACCESS TO INFORMATION.— (1) Each local educational agency 
shall provide without charge to each member of an advisory council 
established by such an agency under subsection (a) of this section— 
" (A) a copy of the text of this title. 
92 STAT. 2168 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(B) a copy of any Federal regulations and guidelines issued 
under such title; and 
j^, 
"(C) a copy of appropriate State regulations and guidelines 
associated with this title. 
"(2) Each State educational agency shall provide a copy of any 
report resulting from State or Federal auditing, monitoring, or eval-
uation activities in any district to the parent advisory council estab-
lished pursuant to subsection (a) (1) in such district. 
"(d) TRAIXING PROGRAMS.—Each local educational agency applica-
tion for funding under this title shall describe a program for training 
the members of advisory councils established pursuant to subsection 
(a) to carry out their responsibilities as described in subsection (b). 
Such training program— 
"(1) shall be planned in full consultation with the members of 
such advisory councils; 
"(2) shall provide each member of each such council with ap-
propriate training materials; and 
"(3) may permit the use of funds under this title for expenses 
associated with such training, including expenses associated with 
*' 
. 
the attendance of such members at training sessions. 
"(e) WORKSHOPS ON PARENTAL INVOLVEMENT.—For each fiscal year 
for which payments are made to State educational agencies under this 
title, the Commissioner shall sponsor workshops in the several regions 
of the United States which shall be designed to assist local educational 
agencies to work with and provide training to parent advisory coun-
cils established under subsection (a) of this section and to facilitate 
parental involvement in the programs conducted under this title. The 
workshops shall be planned and conducted in consultation with mem-
bers of parent advisory councils in the region served by the workshop. 
Report to 
" ( f ) 
ASSESSMENT OE PARENTAL INVOLVEMENT AND TRAINING. 
T h e 
Congress and the National Institute of Education shall assess the effectiveness of (1) 
public. 
various forms of parental involvement, including parent advisory 
councils, on school governance, student achievement, and other pur-
poses of this title, and (2) various methods of training the members 
of parent advisory councils, and shall report the results of such assess-
ments to the Congress and the public. 
"(g) AUTHORIZATION or APPROPRIATIONS.—^There are authorized to 
be appropriated for fiscal year 1979 and for each succeeding fiscal year 
ending prior to October 1,1983, such sums as may be necessary to carry 
out the provisions of subsections (e) and (f) of this section. 
ii FUNDS ALLOCATION 
20 use 2736. 
*'SEO. 126. (a) MAINTENANCE OF EFFORT.— (1) Except as provided 
in paragraph (2), a local educational agency may receive funds under 
this title for any fiscal year only if the State educational agency finds 
that the combined fiscal effort per student or the aggregate expendi-
tures (as determined in accordance with regulations of the Commis-
sioner) of that agency and the State with respect to the provision of 
free public education by that agency for the preceding fiscal year was 
not less than such combined fiscal effort per student or the aggregate 
expenditures for that purpose for the second preceding fiscal year. 
"(2) The Commissioner may waive, for one fiscal year only, the 
requirements of this subsection if he determines that such a waiver 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2169 
would be equitable due to exceptional and unforeseen circumstances 
such as a natural disaster or a precipitous and unforeseen decline in the 
financial resources of the local educational agency. In any case in which 
a waiver under this paragraph is granted, the Commissioner shall 
reduce the amount of Federal payment for the program affected for the 
current fiscal year in the exact proportion to which the amount 
expended (either on an average per pupil or aggregate basis) was less 
than the amount required by paragraph (1). No level of funding per-
mitted under such a waiver may be used as the basis for computing 
the fiscal effort required, under paragraph (1), for years subsequent 
to the year covered by such waiver. Such fiscal effort shall be computed 
on the basis of the level of funding which would, but for such waiver, 
have been required. 
"(3) The Commissioner shall establish objective criteria of general Criteria, 
applicability to carry out the waiver authority contained in this 
subsection. 
"(b) 
U S E OF FUNDS LIMITED TO EXCESS COSTS.—Subject to 
the 
provisions of section 131, a local educational agency may use funds 
received under this title only for the excess costs of programs and 
projects referred to in section 124(a). As used in this subsection, the "Excess costs.' 
term 'excess costs' means costs directly attributable to programs and 
projects which exceed the average per pupil expenditure of a local 
educational agency in the most recent year for which satisfactory data 
are available for pupils in the grade or grades included in such pro-
grams or projects. 
"(c) 
FEOERAii FUNDS TO SUPPLEMENT, NOT SUPPLANT REGULAR NON-
FEDERAL FUNDS.—A local educational agency may use funds received 
under this title only so as to supplement and, to the extent practical, 
increase the level of funds that would, in the absence of such Federal 
funds, be made available from regular non-Federal sources and from 
non-Federal sources for State phase-in programs described in section 
131(b) for the education of pupils participating in programs and 
(
. 
projects assisted under this title, and in no case may such funds be 
so used as to supplant such funds from such non-Federal sources. 
"(d) 
FEDERAL FUNDS REQUIRED TO SUPPLEMENT, NOT SUPPLANT 
NON-FEDERAL FUNDS FOR CERTAIN SPECIAL STATE AND LOCAL PRO-
GRAMS.— (1) Subject to section 132, a local educational agency may use 
funds received under this title only so as to supplement and, to the 
-^i, ^ j>;., 
extent practical, increase the level of funds that would, in the absence 
of such Federal funds, be made available from non-Federal sources 
for each of the special programs described in subsection (b) of section 
131 for the education of educationally deprived children, in the aggre-
gate, in eligible school attendance areas or attending eligible schools 
and in no case, as to supplant such fimds from non-Federal sources. 
"(2) It shall not be considered a violation of this subsection for a 
local educational agency, in carrying out a special program described 
in subsection (b) of section 131, to take into consideration funds 
made available under this title, and to coordinate such special pro-
gi-ams with programs using such Federal funds, provided 
that 
educationally deprived children, in the aggregate, in eligible school 
attendance areas or attending eligible schools, receive at least the same 
level of such special State and local funds that would have been made 
available to such children in the absence of funds under this title. 
"(3) For purposes of this subsection, the level of funds that, in the 
absence of funds under this title would have been made available to 
92 STAT. 2170 
PUBLIC LAW 95-561—NOV. 1, 1978 
such children shall be determined by reference to a plan for distribut-
ing such special funds. Such plan shall be based on objective criteria 
of need that do not discriminate against educationally deprived chil-
dren, in the aggregate in eligible sclicol attendance areas or attending 
eligible schools. The objective criteria chosen by the local educational 
agency shall prescribe, with particularity, the children as well as the 
schools, grade-spans, or school attendance areas eligible for assistance 
and the method for selecting the particular children who will receive 
assistance imder such special State or local program and the schools 
or grade-spans which such children attend or the school attendance 
areas in which such children reside. The criteria for selecting children, 
schools, grade-spans, and school attendance areas for participation 
shall be either educational need, a reasonable proxy for educational 
.;, 
need, level of poverty, or a combination of such factors. Educationally 
deprived children residing in eligible school attendance areas or 
attending eligible schools, satisfying such object criteria, must receive 
assistance under either this title or under such special State or local 
program before any child who does not satisfy such criteria receives 
such assistance. 
"(e) COMPARABILITY OF SERVICES.—Subject to the provisions of sec-
tion 131, a local educational agency may receive funds under this title 
only if State and local funds will be used in the district of such agency 
to provide services in project areas which, taken as a whole, are at least 
comparable to services being provided in areas in such district which 
are not receiving funds under this title. Where, under regulations of 
the Commissioner, all school attendance areas in the district of the 
agency are designated as project areas, the agency may receive such 
funds only if State and local funds are used to provide services which, 
taken as a whole, are substantially comparable, in accordance with 
regulations of the Commissioner, in each project area. Each local 
educational agency shall report on or before July 1 of each year 
with respect to its compliance with this subsection, except for local 
educational agencies which were not required to report upon the date 
Ante, p. 2143. 
of enactment of the Education Amendments of 1978, unless the Com-
missioner otherwise provides by regulation. 
(( 
ACCOUNTABILITY 
\ 
20 use 2737. 
"SEC. 127. (a) RECORDKEEPING.—Each local educational agency 
which receives funds under this title shall keep such records and afford 
such access thereto as the State educational agency shall prescribe, 
including records which fully disclose the amount and disposition of 
such funds, the total cost of programs and projects in connection with 
which such funds are used, the amount of the portion of the cost of the 
program or project supplied by other sources, and such other records 
as will facilitate an effective audit. Whenever a local educational 
agency carries on a single compensatory education program paid for 
out of funds under this title as well as State or local funds which meets 
all of the requirements of this title and whenever, under section 131, the 
local educational agency excludes expenditures from State and local 
sources in determining compliance with section 126 (b) and (e), the 
State educational agency need not require the Federal funds to be 
accounted for separately. In any proceeding, State or Federal, for the 
recoupment of any such funds which were misspent or misapplied, the 
' 
percentage of the funds so misspent or misapplied which shall be 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2171 
deemed to be Federal funds shall be equal to the percentage of the 
funds used, or intended for use, for the program or project which were 
Federal funds. 
"(b) REPORTING.—Each local educational agency which receives 
funds under this title shall make an annual report and such other 
reports to the State educational agency, in such form and containing 
such information (which in the case of reports relating to performance 
is in accordance with specific performance criteria related to program 
objectives), as may be reasonably necessary to enable the State edu-
cational agency to perform its duties under this title, including 
information relating to the educational achievement of students 
participating in programs and projects assisted imder this title. 
"(c) ACCESS TO INFORMATION.—Each local educational agency which 
applies for or receives funds under this title shall make the applica-
tion and all pertinent documents related thereto available to parents, 
teachers, and other members of the general public. 
a 
COMPLAINT RESOLUTION 
"SEC. 128. Each local educational agency which receives funds under 
this title shall develop and implement, in accordance with criteria pre-
scribed by the Commissioner, written procedures for the resolution of 
complaints made to that agency by parent advisory councils, parents, 
teachers, or other concerned organizations or individuals concerning 
violations of this title, or of applicable provisions of the General 
Education Provisions Act in connection with programs under this title. 
Such procedures shall— 
"(1) provide specific time limits for investigation and resolu-
tion of complaints, which shall not exceed thirty days unless a 
longer period of time is provided by the State educational agency 
due to exceptional circumstances in accordance with regulations 
established by the Commissioner; 
" (2) provide an opportunity for the complainant or the com-
plainant's representative, or both, to present evidence, including 
an opportunity to question parties involved; 
"(3) provide the right to appeal the final resolution of the local 
educational agency to the State educational agency within thirty 
days after receipt of the written decision; and 
" (4) provide for the dissemination of information concerning 
these procedures to interested parties, including all district and 
school parent advisory councils. 
Written 
procedures. 
20 use 2738. 
Time limits. 
Presentation of 
evidence. 
Appeal of final 
resolution. 
Dissemination of 
information. 
"INDIVIDUALIZED PLANS 
"SEC. 129. It is the intent of the Congress to encourage, whenever 20 USC 2739. 
feasible, the development for each educationally deprived child par-
ticipating in a program under this title of an individualized educa-
tional plan (maintained and periodically evaluated), agreed upon 
jointly by the local educational agency, the teacher, a parent or guard-
ian of the child, and, when appropriate, the child. 
"PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS 
"SEC. 130. (a) GENERAL REQUIREMENTS.—TO the extent consistent 20 USC 2740. 
with the number of educationally deprived children in the school 
district of the local educational agency who are enrolled in private 
92 STAT. 2172 
PUBLIC LAW 95-561—NOV. 1, 1978 
Written notice. 
Petition. 
elementary and secondary schools, such agency shall make provision 
for including special educational services and arrangements (such as 
dual enrollment, educational radio and television, and mobile educa-
tional services and equipment) in which such children can participate 
and meeting the requirements of sections 122 and 123, and subsections 
(a), (b), (d), and (1) of section 124, and subsection (c) of section 126. 
Expenditures for educational services and arrangements pursuant to 
this section for educationally deprived children in private schools shall 
be equal (taking into account the number of children to be served and 
the special educational needs of such children) to expenditures for 
children enrolled in the public schools of the local educational agency. 
"(b) 13Y-PASS PROVISION.—(1) If a local educational agency is pro-
hibited by law from providing for the participation in special 
programs for educationally deprived children enrolled in private ele-
mentary and secondary schools as required by subsection (a), the Com-
missioner shall waive such requirement, and shall arrange for the 
provision of services to such children through arrangements which 
shall be subject to the requirements of subsection (a). 
" (2) If the Commissioner determines that a local educational agency 
has substantially failed to provide for the participation on an equitable 
basis of educationally deprived children enrolled in private elementary 
and secondary schools as required by subsection (a), he shall arrange 
for the provision of services to such children through arrangements 
which shall be subject to the requirements of subsection (a), upon 
which determination the provisions of subsection (a) shall be waived. 
"(3) (A) When the Commissioner arranges for services pursuant 
to this subsection, he shall, after consultation with the appropriate 
public and private school officials, pay to the provider the cost of such 
services, including the administrative cost of arranging for such serv-
ices, from the appropriate allocation or allocations under this title. 
" ( B ) Pending final resolution of any investigation or complaint 
that could result in a determination under this subsection, the Com-
missioner may withhold from the allocation of the affected State or 
local educational agency the amount he estimates would be necessary 
to pay the cost of such services. 
"(C) Any determination by the Commissioner under this section 
shall continue in effect until the Commissioner determines that there 
will no longer be any failure or inability on the part of the local educa-
tional aqfcncy to meet the requirements of subsection (a). 
"(4) (A) The Commissioner shall not take any final action under 
th's subsection until the State educational agency and local educational 
agency affected by such action have had an opportunity, for at least 
forty-five days after receiving written notice thereof, to submit written 
objections and to appear before the Commissioner or his designee to 
show cause why such action should not be taken. 
"(B) If a State or local educational agency is dissatisfied with the 
Commissioner's final action after a proceeding under subparagraph 
(A) of this paragraph, it may within sixty days after notice of such 
action, file with the United States court of appeals for the circuit in 
which such State is located a petition for review of that action. A copy 
of the petition shall be forthwith transmitted by the clerk of the court 
to the Commissioner. The Commissioner thereupon shall file in the 
court the record of the proceedings on which he based his action, as 
provided in section 2112 of title 28, United States Code. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2173 
"(C) The findings of fact by the Commissioner, if supported by 
substantial evidence, shall be conclusive; but the court, for good cause 
shown, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified 
findings of fact and may modify his previous action, and shall file in 
the court the record of the further proceedings. Such new or modified 
findings of fact shall likewise be conclusive if supported by substantial 
evidence. 
"(D) Upon the filing of a petition under subparagraph (B), the Jurisdiction, 
court shall have jurisdiction to affirm the action of the Commissioner 
or to set it aside, in whole or in part. The judgment of the court shall 
be subject to review by the Supreme Court of the United States upon 
certiorari or certification as provided in section 1254 of title 28, United 
States Code. 
"Subpart 4—Exemptions From Certain Program Requirements 
"EXCLUSIONS FROM EXCESS COSTS AND COMPARABILITY PROVISIONS FOR 
CERTAIN S P E C I A L STATE AND LOCAL PROGRAMS 
"SEC. 131. (a) I N GENERAL.—For the purpose of determining com- 20 USC 2751. 
pliance with the requirement of section 126(b) (relating to use of 
funds only for excess costs of programs and projects) and of section 
126(e) (relating to comparability of services), a local educational 
agency may, at its option, exclude State and local funds expended for 
carrying out a special program or a State phase-in program. 
"(b) 
SPECIAL PROGRAM AND STATE PHASE-IN PROGRAM DEFINED.— 
For purposes of this section— 
" (1) a special program is limited to— 
"(A) a State compensatory education program which the 
Commissioner has determined in advance under subsection 
(e) meets the requirements of subsection (c) and which the 
State educational agency determines is being implemented by 
the local educational agency in accordance with subsection 
(c); 
"(B) a State compensatory education program which the 
Commissioner has determined in advance under subsection 
(e) does not satisfy the requirements of subsection (c), but 
which he has determined permits the local educational agency, 
at its option, to use such special State funds in accordance 
with subsection (c), provided that the local educational 
agency designs a program which the State educational agency 
determines in advance under subsection (f) meets the 
requirements of subsection (c) and which the State educa-
tional agency determines will be implemented by the local 
educational agencies in accordance with subsection (c); or 
"(C) a local compensatory education program which the 
State educational agency has determined in advance under 
subsection (f) meets the requirements of subsection (c) and 
which the State educational agency determines is being imple-
mented in accordance with subsection (c); and 
"(D) a bilingual program for children of limited English 
proficiency or special educational program for handicapped 
children or children with specific learning disabilities; and 
92 STAT. 2174 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(2) a State phase-in program is a program which the Com-
missioner has determined in advance under subsection (e) meets 
the requirements of subsection (d) and which the State educa-
tional agency determines will be implemented by local educational 
agencies in accordance with subsection (d). 
" (c) STATE AND LOCAL CoMPEisrsATORY EDUCATION PROGRAMS SIMILAR 
TO TITLE I PROGRAMS.—A State or local program meets the require-
ments of this subsection if it is similar to programs assisted under this 
part. The Commissioner shall consider a State or local program to 
be similar to programs assisted under this part if— 
"(1) all children participating in the program are education-
ally deprived, 
"(2) the program is based on performance objectives related 
to educational achievement and is evaluated in a manner con-
sistent with those performance objectives, 
"(3) the program provides supplementary services designed to 
meet the special educational needs of the children who are 
participating, 
" (4) the local educational agency keeps such records and affords 
^ ^
^
^ 
such access thereto as are necessary to assure the correctness and 
verification of the requirements of clauses (1), (2), and (3) of 
this subsection, and 
"(5) the State educational agency monitors performance under 
the program to assure that the requirements of clauses (1), (2), 
(3), and (4) of this subsection are met. 
" ( d ) 
CERTAIN STATE P H A S E - I N 
PROGRAMS.—A State 
education 
program which is being phased into full operation meets the require-
ments of this subsection if the Commissioner is satisfied that— 
"(1) the program is authorized and governed specifically by 
the provisions of State law; 
"(2) the purpose of the program is to provide for the compre-
\ 
hensive and systematic restructuring of the total educational 
environment at the level of the individual school; 
" (3) the program is based on objectives, including but not lim-
ited to, performance objectives related to educational achievement 
and is evaluated in a manner consistent with those objectives; 
"(4) parents and school staff are involved in comprehensive 
planning, implementation, and evaluation of the program; 
"(5) the program will benefit all children in a particular school 
or grade-span within a school; 
"(6) schools participating in a program describe, in a school 
level plan, program strategies for meeting the special educational 
needs of educationally deprived children; 
"(7) the phase-in period of the program is not more than six 
school years, except that the phase-in period for a program com-
menced prior to the date of enactment of the Education Amend-
Ante, p. 2143. 
ments of 1978 shall be deemed to begin on the date of enactment 
of such Amendments; 
"(8) at all times during such phase-in period at least 50 per 
centum of the schools participating in the program are the schools 
serving project areas which have the greatest number or concen-
trations of educationally deprived children or children from low-
income families; 
"(9) State funds made available for the phase-in program will 
supplement, and not supplant, State and local funds which would, 
in the absence of the phase-in program, have been provided for 
schools participating in such program; 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2175 
"(10) the local educational agency is separately accountable, 
for purposes of compliance with paragraphs (1) through (6), (8), 
and (9) of this subsection, to the State educational agency for 
any funds expended for such program; and 
"(11) the local educational agencies carrying out the program 
are complying with paragraphs (1) through (6), (8), and (9) 
and the State educational agency is complying with paragraph 
(10). 
"(e) ADVANCE DETERMINATIONS BY THE COMMISSIONER.—The Com-
missioner shall make an advance determination of whether or not a 
State Program described in subsection (b) (1) (A) or (B) or (b) (2) 
meets the requirements of subsection (c) or meets the requirements 
of subsection (d). The Commissioner shall require each State educa-
tional agency to submit to him the provisions of State law together 
with implementing rules, regulations, orders, guidelines, and inter-
pretations which are necessary for him to make such an advance 
determination. The Commissioner's determination shall be in writing 
and shall include the reasons for his determination. Whenever there 
is any material change in pertinent State law affecting the program, 
the State educational agency shall submit such changes to the 
Commissioner. 
"(f) 
ADVANCE 
DETERMINATION BY THE 
STATE EDUCATIONAL 
AGENCY.—The State educational agency shall make an advance deter-
mination of whether or not a program described in subsection 
(b) (1) (C) meets the requirements of subsection (c). The State edu-
cational agency shall require each local educational agency to submit 
the provisions of local law, together with implementing rules, regula-
tions, guidelines, and interpretations which are necessary to make such 
an advance determination. The State educational agency's determina-
tion shall be in writing and shall include the reasons for the deter-
mination. Whenever there is any material change in pertinent local 
law affecting the program, the local educational agency shall submit 
such changes to the State educational agency. 
"LIMITED EXEMPTION TO SUPPLEMENT, NOT SUPPLANT, REQUIREMENT 
WHERE CERTAIN SPECIAL PROGRAMS FOR EDUCATIONALLY DEPRIVED CHIL-
DREN ARE FULLY FUNDED 
"SEC. 132. Whenever for a fiscal year— 
20 USC 2752. 
"(1) a local educational agency provides special State and local 
funds for programs for educationally deprived children which 
qualify under clause (A), (B), or (C) of section 131(b) (1) for 
an exception from the comparability and excess costs provisions 
under such section 131, and 
"(2) the amount of such special State and local funds provided 
in eligible school attendance areas and for eligible schools when 
added to the Federal funds provided for programs under this 
subpart equals the amount such agency is eligible to receive for 
such fiscal year under section 111(a)(2) (without regard to 
adjustments under section 193), 
Post, p. 2195. 
then the local educational agency may, without being considered in 
violation of section 126(d), utilize additional State and local funds 
for special programs and projects which are solely for educationally 
deprived children residing in nonproject areas or attending nonproj-
ect schools, including areas and schools ineligible for assistance under 
92 STAT. 2176 
PUBLIC LAW 95-561—NOV. 1, 1978 
this title. The exemption in the preceding sentence does not apply to 
the extent the level of such special State and local funds, per child 
participating in such programs residing in ineligible school attendance 
areas or attending ineligible schools, exceeds the amount of funds, per 
child participating in programs in project areas, provided to the 
agency under this part plus the amount of such special State or local 
funds provided for use in such areas. 
' 
.; 
,:* 
"SCHOOLWIDE PROJECTS 
, 
20 use 2753. 
"SEC. 133. (a) U S E OF FUNDS FOR SCHOOLWIDE PROJECTS.—In the case 
of any school serving an attendance area that is eligible to receive serv-
ices under this title and in which not less than 75 per centum of the 
children are from low-income families (in accordance with criteria 
established by the Commissioner), the local educational agency may 
carry out a project under this title to upgrade the entire educational 
program in that school if the requirements of subsection (b) are met. 
"(b) DESIGNATION OF SCHOOLS.—A school may be designated for a 
schoolwide project under subsection (a) if— 
"(1) a plan has been developed for that school by the local 
educational agency and has been approved by the State educa-
tional agency providing for— 
" ( A ) a comprehensive assessment of the educational needs 
of all students in the school, in particular the special needs of 
educationally deprived children, and 
"(B) an instructional program designed to meet the special 
needs of all students in the school; 
" (2) the plan has been developed with the involvement of those 
individuals who will be engaged in carrying out the plan, includ-
ing parents, teachers, teacher aides, administrators, and sec-
ondary students if the plan relates to a secondary school; 
"(3) the plan provides for consultation among those individuals 
as to the educational progress of all students; 
"(4) the plan has been approved by the advisory council for 
that school established under section 125; 
"(5) appropriate training is provided to teachers and teacher 
aides to enable them effectively to carry out the plan; 
"(6) the plan includes procedures for evaluation involving the 
I =TS 'J8ii m 
participation of the individuals listed in paragraph (2), and 
opportunities for periodic improvements in the plan based on the 
results of those evaluations; 
"(7) (A) in the case of a school district in which there are one 
• 
or more schools described in subsection (a) and there are also one 
or more other schools serving project areas, the local educational 
agency makes the Federal funds provided under this part avail-
able for children in such schools described in subsection (a) in 
amounts which per educationally deprived child served, equal or 
exceed the amount of such funds made available per educationally 
deprived child served in such other schools; 
:; .t *
.
'
H 
(B) the local educational agency makes special supplementary 
State and local funds available for the children in schools 
described in subsection (a) in amounts which, per child served 
who is not educationally deprived, equal or exceed the amount of 
Federal funds provided under this part which, per educationally 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2177 
deprived child served, are made available for children in such 
schools; and 
"(C) the average per pupil expenditure in schools described in 
subsection (a) (excluding amounts expended under a State com-
pensatory education program) for the fiscal year in which the plan 
is to be carried out will not be less than such expenditure in such 
schools in the previous fiscal year. 
"(c) APPROVAL OF SCHOOL; OPERATION or PROJECT.—(1) The State 
educational agency shall approve the plan of any local educational 
agency for a schoolwide project if that plan meets the requirements 
of subsection (b). 
"(2) For any school which has such a plan approved, the local 
educational agency— 
"(A) shall, in order to carry out the plan, be relieved of any 
requirements under this title with respect to the commingling of 
funds provided under this title with funds available for regular 
programs; 
"(B) shall not be required to identify particular children as 
being eligible to participate in programs assisted under this title; 
and 
"(C) shall not be required to demonstrate that services provided 
with funds under this title are supplementary to the services 
regularly provided in the school. 
" N O N I N S T R U C T I O N A L DUTIES 
"SEC. 134. Notwithstanding any provision of subpart 3 of this part, 20 USC 2754. 
personnel paid entirely by funds made available under this title may 
^^^' P- ^^" • 
be assigned to certain limited, rotating, supervisory duties not related 
to classroom instruction, the benefits of which are not limited to par-
ticipating children under this title. Such duties may include only those 
to which similarly situated personnel not hired with funds made 
available under the title are assigned at the same school site, and for 
which such similarly situated personnel are paid, and may not exceed 
the same proportion of total time as similarly situated personnel at 
the same school site, or 10 per centum of the total time, whichever is 
less. 
"PART B—PROGRAMS OPERATED BY STATE AGENCIES 
"Subpart 1—Programs for Migratory Children 
"GRANTS—^ENTITLEMENT AND AMOUNT 
"SEC. 141. (a) ENTITLEMENT.—A State educational agency or a com- 20 USC 2761. 
bination of such agencies shall, upon application, be entitled to receive 
a grant for any fiscal year under this part to establish or improve, 
either directly or through local educational agencies, programs of 
education for migratory children of migratory agricultural workers 
or of migratory fishermen which meet the requirements of section 142. 
"(b) AMOUNT or GRANT.— (1) Except as provided in sections 156 
and 167, the total grants which shall be made available for use in any 
State (other than Puerto Rico) for this subpart shall be an amount 
equal to 40 per centum of the average per pupil expenditure in the 
State (or (A) in the case where the average per pupil expenditure in 
the State is less than 80 per centum of the average per pupil expendi-
39-194 O—80—pt. 2 
57 : QL3 
92 STAT. 2178 
PUBLIC LAW 95-561—NOV. 1, 1978 
ture in the United States, of 80 per centum of the average per pupil 
expenditure in the United States, or (B) in the case where the average 
per pupil expenditure in the State is more than 120 per centum of the 
average per pupil expenditure in the United States, of 120 per centum 
^ of the average per pupil expenditure in the United States) multiplied 
by (i) the estimated number of such migratory children aged five to 
seventeen, inclusive, who reside in the State full time, and (ii) the 
full-time equivalent of the estimated number of such migratory chil-
dren aged five to seventeen, inclusive, who reside in the State part time, 
as determined by the Commissioner in accordance with regulations, 
except that if, in the case of any State, such amount exceeds the amount 
required under section 142, the Commissioner shall allocate such excess, 
to the extent necessary, to other States, whose total of grants under this 
sentence would otherwise be insufficient for all such children to be 
served in such other States, In determining the full-time equivalent 
number of migratory children who are in a State during the summer 
^ 
months, the Commissioner shall adjust the number so determined to 
take into account the special needs of those children for summer pro-
grams and the additional costs of operating such programs during the 
summer. In determining the number of migrant children for the 
purposes of this section the Commissioner shall use statistics made 
available by the migrant student record transfer system or such other 
system as he may determine most accurately and fully reflects the 
actual number of migrant students. 
"(2) For each fiscal year, the Commissioner shall determine the 
percentage which the average per pupil expenditure in Puerto Rico 
is of the lowest average per pupil expenditure of any of the fifty 
' 
States. The grant which Puerto Rico shall be eligible to receive under 
this section for a fiscal year shall be the amount arrived at by multi-
plying the number of such migrant children in Puerto Rico by the 
product of— 
' 
"(A) the percentage determined under the preceding sentence, 
and 
"(B) 32 per centum of the average per pupil expenditure in 
the United States. 
u 
<>tS '>'*•' 
PROGRAM REQUIREMENTS 
20 use 2762. 
"SEC. 142. (a) REQUIREMENTS FOR APPROVAL OF APPLICATION.—The 
Commissioner may approve an application submitted under section 
141(a) only upon his determination— 
"(1) that payments will be used for programs and projects 
(including the acquisition of equipment and where necessary the 
construction of school facilities) which are designed to meet the 
special educational needs of migratory children of migratory 
agricultural workers or of migratory fishermen, and to coordinate 
such programs and projects with similar programs and projects 
in other States, including the transmittal of pertinent information 
with respect to school records of such children; 
"(2) that in planning and carrying out programs and projects 
there has been and will be appropriate coordination with pro-
grams administered under part B of title III of the Economic 
42 use 2861. 
Opportunity Act of 1964 and under section 303 of the Compre-
Aiue, p. 1964. 
hensive Employment and Training Act; 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2179 
"(3) that such programs and projects will be administered and 
carried out in a manner consistent with the basic objectives of 
subpart 3 of part A, other than sections 122, 123, 126(d), and 
130 thereof; 
_ 
I , .. 
" (4) that, in planning and carrying out programs and projects 
• 
at both the State and local educational agency level, there has 
been and will be appropriate consultation with parent advisory 
councils established in accordance with regulations of the Com-
missioner (consistent with the requirements of section 125(a)); 
and 
" (5) that, in planning and carrying out programs and projects, 
there has been adequate assurance that provision will be made for 
the preschool education needs of migratory children of migratoiy 
agricultural workers or of migratory fishermen, whenever sucn 
agency determines that compliance with this paragraph will not 
detract from the operation of programs and projects described in 
paragraph 
(1) of this subsection 
after 
considering 
funds 
available for this purpose. 
"(b) CONTINUATION or MIGRANT STATUS.—For purposes of this sub-
part, with the concurrence of his parents, a migratory child of a migra-
tory agricultural worker or of a migratory fisherman shall be deemed 
to continue to be such a child for a period, not in excess of five years, 
during which he resides in the area served by the agency carrying on 
a program or project under this section. Such children who are 
presently migrant, as determined pursuant to regulations of the Com-
missioner, shall be given priority in this consideration of programs 
and 
activities 
contained in applications 
submitted 
under 
this 
subsection. 
' ' ' '" 
"(c) B T - P A S S PROVISION.—If the Commissioner determines that a 
State is unable or unwilling to conduct educational programs for 
migratory 
children of migratory 
agricultural 
workers or of 
migratory fishermen, or that it would result in more efficient and eco-
nomic administration, or that it would add substantially to the welfare 
or educational attainment of such children, he may make special 
arrangements with other public or nonprofit private agencies to carry 
out the purposes of this section in one or more States, and for this 
purpose he may use all or part of the total of grants available for 
any such State under this section. 
"COORDINATION OF MIGRANT EDUCATION ACTIVITIES 
"SEC. 
143. (a) 
ACTIVITIES AUTHORIZED.—The Commissioner is Contracts, 
authorized to make grants to, or enter into contracts with. State 20 USC 2763. 
educational agencies to operate a system for the transfer among State 
and local educational agencies of migrant student records and to carry 
out other activities, in consultation with the States, to improve the 
interstate and intrastate coordination among State and local educa-
tional agencies of the educational programs available for migratory 
students. 
"(b) AUTHORIZATION OF APPROPRIATIONS.—^There are authorized to 
be appropriated for this section not more than 5 per centum of the 
total amount paid for the preceding fiscal year to State educational 
,.. 
,... „. 
agencies under section 141. 
^ 
" * ' ' 
92 STAT. 2180 
PUBLIC LAW 95-561—NOV. 1, 1978 
"Subpart 2—Programs for Handicapped Children 
"AMOUNT AND ELIGIBILITY 
20 use 2771. 
"SEC. 146. (a) ELIGIBILITY FOR GRANT.—A State agency which is 
directly responsible for providing free public education for handi-
capped children (as that term is defined in section 602(1) of the Edu-
cation of the Handicapped Act), shall be eligible to receive a grant 
under this subpart for any fiscal year. 
"(b) AMOUNT OF GRANT.— (1) Except as provided in sections 156 
and 157, the grant which a State agency referred to in subsection (a) 
(other than the agency for Puerto Rico) shall be eligible to receive 
under this section shall be an amount equal to 40 per centum of the 
average per pupil expenditure in the State (or (A) in the case where 
the average per pupil expenditure in the State is less than 80 per 
centum of the average per pupil expenditure in the United States, of 
80 per centum of the average per pupil expenditure in the United 
States, or (B^ in the case where the average per pupil expenditure 
in the State is more than 120 per centum of the average per pupil 
expenditure in the United States, of 120 per centum of the average 
per pupil expenditure in the United States), multiplied by the num-
ber of such handicapped children in average daily attendance, as 
determined by the Commissioner, at schools for handicapped children 
operated or supported by the State agency, including schools provid-
ing special education for handicapped children under contract or 
other arrangement with such State agency, in the most recent fiscal 
year for which satisfactory data are available. 
Grants to Puerto 
" (2) For each fiscal year, the Commissioner shall determine the per-
Rico. 
centage which the average per pupil expenditure in Puerto Rico is of 
the lowest average per pupil expenditure of any of the fifty States. 
The grant which Puerto Rico shall be eligible to receive under this 
subpart for a fiscal year shall be the amount arrived at by multiplying 
the number of such handicapped children in Puerto Rico by the 
product of— 
"(A) the percentage determined under the preceding sentence, 
and 
"(B) 32 per centum of the average per pupil expenditure in 
the United States. 
"(c) 
COUNTING OF CHILDREN TRANSFERRING FROM STATE TO LOCAL 
PROGRAMS.—In the case where a child described in subsection (a) 
leaves an educational program for handicapped children operated or 
*
^
& 
supported by the State agency in order to participate in such a pro-
J'.^t'M'J 
gram operated or supported by a local educational agency, such child 
shall be counted under subsection (b) if (1) he continues to receive an 
appropriately designed educational program and (2) the State agency 
transfers to the local educational agency in whose program such child 
participates an amount equal to the sums received by such State agency 
under this section which are attributable to such child, to be used for 
the purposes set forth in section 147. 
"PROGRAM REQUIREMENTS 
20 use 2772. 
"SEC. 147. A State shall use the payments, made under this subpart 
only for programs and projects (including the acquisition of equip-
ment and, where necessary, the construction of school facilities) which 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2181 
are designed to meet the special educational needs of handicapped 
children. Such programs and projects shall be administered and car-
ried out in a manner consistent with subpart 3 of part A, other than 
sections 122, 123, 125, 126(d), 126(e), and 130 thereof. The State 
agency shall provide assurances to the Commissioner that each such 
Mn 
;, MS>^,^ 
child in average daily attendance counted under subsection (b) of 
section 146 will be provided with such a program, commensurate with 
his special needs, during any fiscal year for which such payments are 
made. 
"Subpart 3—Programs for Neglected and Delinquent Children 
"AMOUNT AND ENTITLEMENT 
"SEC. 151. (a) ENTITLEMENT TO GRANTS.—A State agency which is 20 USC 2781. 
directly responsible for providing free public education for children 
in institutions for neglected or delinquent children or in adult correc-
tional institutions shall be entitled to receive a grant under this sub-
part for any fiscal year (but only if grants received under this subpart 
are used only for children in such institutions). 
"(b) AMOUNT or GRANT.— (1) Except as provided in sections 156 
and 157, the grant which such an agency (other than the agency for 
Puerto Rico) shall be eligible to receive shall be an amount equal to 
40 per centum of the average per pupil expenditure in the State (or 
(A) in the case where the average per pupil expenditure in the State 
is less than 80 per centum of the average per pupil expenditure 
in the United States, of 80 per centum of the average per pupil expendi-
ture in the United States, or (B) in the case where the average per 
pupil expenditure in the State is more than 120 per centum of the 
average per pupil expenditure in the United States, of 120 per centum 
of the average per pupil expenditure in the United States) multiplied 
by the number of such neglected or delinquent children in average daily 
attendance, as determined by the Commissioner, at schools for such 
" ' 
" 
children operated or supported by that agency, including schools pro-
viding education for such children under contract or other arrange-
ment with such agency, in the most recent fiscal year for which satis-
factory data are available. 
" (2) For each fiscal year, the Commissioner shall determine the per- 
Grants to Puerto 
centage which the average per pupil expenditure in Puerto Rico is of ^i<^°-
the lowest average per pupil expenditure of any of the fifty States. 
The grant which Puerto Rico shall be eligible to receive under this 
subpart for a fiscal year shall be the amount arrived at by multiplying 
the number of such neglected or delinquent children in Puerto Rico by 
' 
the product of— 
"(A) the percentage determined under the preceding sentence, 
and 
"(B) 32 per centum of the average per pupil expenditure in the 
United States. 
"PROGRAM REQUIREMENT 
"SEC. 152. (a) U S E OF PAYMENTS.—A State agency shall use pay- 20 USC 2782. 
ments under this subpart only for programs and projects (including 
the acquisition of equipment and where necessary the construction of 
school facilities) which are designed to meet the special educational 
needs of children in institutions for neglected or delinquent children or 
92 STAT. 2182 
PUBLIC LAW 95-561—NOV. 1, 1978 
in adult correctional institutions. Such programs and projects shall be 
designed to support educational services supplemental to the basic 
education of such children which must be provided by the State, and 
such programs and projects shall be administered and carried out in a 
Ante, p. 2161. 
manner consistent with subpart 3 of part A, other than sections 122, 
123,125,126(d), 126(e), and 130 thereof. 
"(b) THREE-YEAR PROJECTS.—"Where a State agency operates pro-
grams under this title in which children are likely to participate for 
more than one year, the State educational agency may approve the 
application for a grant under this subpart for a period of more than 
one year, but not to exceed three years. 
'(, 
TRANSITION SERVICES 
20 use 2783. 
"SEC. 153. (a) GRANTS AUTHORIZED.—The Commissioner is author-
ized to make grants to State and local educational agencies to support 
projects to facilitate the transition of children from State operated 
institutions for neglected and delinquent children into locally operated 
programs. Grants under this section shall be used to provide special 
educational services for such children in schools other than State 
operated institutions. 
"(b) 
APPROPRIATIONS AUTHORIZED.—There are authorized to be 
appropriated for the purposes of this section for any fiscal year, not to 
exceed 5 per centum of the amount State agencies are entitled to 
receive under section 151 for that year. 
"Subpart 4—General Provisions for State Operated Programs 
u 
RESERVATION OF FUNDS FOR TERRITORIES 
Appropriation 
"SEC. 156. There is authorized to be appropriated for each fiscal year 
authorization. 
for purposes of each of subparts 1, 2, and 3 of this part, an amount 
20 use 2791. 
equal to not more than 1 per centum of the amount appropriated for 
such year for such subparts, for payments to Guam, American Samoa, 
the Virgin Islands, the Northern Mariana Islands, and the Trust Ter-
ritory of the Pacific Islands under each such subpart. The amounts 
appropriated for each such subpart shall be allotted among Guam, 
ift^ff M4 <
• = 
American Samoa, the Virgin Islands, the Northern Mariana Islands, 
and the Trust Territory of the Pacific Islands according to their 
respective need for such grants, based on such criteria as the Com-
missioner determines will best carry out the purposes of this title. 
li MINIMUM PAYMENTS FOR STATE OPERATED PROGRAMS 
20 use 2792. 
"SEC. 157. No State shall receive in any fiscal year prior to Octo-
ber 1,1983, pursuant to subpart 1, 2 or 3 of this part an amount which 
is less than 85 per centum of the amount which that State received 
in the prior fiscal year pursuant to the comparable sections of this title 
as in effect immediately preceding the enactment of the Education 
Amendments of 1978 or the comparable subpart of this part, whichever 
.S0* :i'i'i vt 
was in effect for such prior fiscal year, and, for any fiscal year ending 
prior to October 1, 1982, no State shall receive, pursuant to subpart 
1 of this part, an amount which is less than 100 per centum of the 
amount that State received in the prior fiscal year pursuant to the 
comparable section of this title as in effect immediately prior to the 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2183 
enactment of the Education Amendments of 1978 or under subpart 1 ^nte, p. 2143. 
of this part, whichever was in effect for such prior fiscal year. 
"PART C—STATE ADMINISTRATION OF PROGRAMS AND PROJECTS 
"Subpart 1—Applicability; State Applications 
"APPLICABILITY 
"SEC. 161. The provisions of this part (other than section 162 and 20 USC 2801. 
subpart 3) shall apply in any fiscal year in which the provisions of 
section 510(b) (2) of this Act are not met. 
Post, p. 2247. 
u 
STATE APPLICATIONS 
"SEC. 
162. (a) 
SUBMISSION or STATE APPLICATIONS.—Any State 
20 USC 2802. 
desiring to participate under this title (except with respect to the 
program provided for in subpart 1 of part B relating to migratory 
children) shall have on file with the Commissioner an application 
submitted by its State educational agency. 
"(b) CONTENTS OF STATE APPLICATIONS.—Each application required 
by subsection (a) shall contain (1) satisfactory assurances that the 
. .. ^^ r 
State educational agency will comply with the requirements of this 
part, and (2) such information as the Commissioner may consider 
necessary for him to make the findings required by section 182. 
"Subpart 2—Duties Imposed on State Educational Agencies 
"APPLICATION 
APPROVAL 
"SEC. 164. (a) KEQUIREMENTS FOR APPROVAL.— (1) A State educa- 20 USC 2811. 
cational agency shall approve an application of a local educational 
agency or a State agency under this title if (A) such State educational 
agency is satisfied, after considering the factors specified in paragraph 
(2), that such applicant agency will use the funds received under the 
application in a manner which meets the requirements of this title, 
the General Education Provisions Act, and the rules, regulations, 20 USC 1221. 
procedures, guidelines, criteria, or other requirements adopted by such 
agency which pertain to programs and projects assisted under this 
title, and (B) such applicant agency is not out of compliance with a 
determination of the State educational agency or the Commissioner 
that it repay funds paid it under this title which were misused, and is 
. . ., -
not out of compliance with a compliance agreement under section 
'"'"' 
169 re). 
"(2) A state educational agency may approve an application under 
paragraph (1), only after it has considered, where pertinent, (A) the 
results of Federal and State audits, (B) the results of Federal and 
State monitoring reports, (C) administrative complaints made by 
parents or other individuals concerning the applicant agency's com-
pliance with this title, and (D) evaluations conducted under section 
124(g). 
(b) PAYMENTS.—Except as provided in section 194, a State educa-
tional agency may make payments from funds received under this title 
onlv for programs and projects which it has approved under sub-
section (a). 
92 STAT. 2184 
PUBLIC LAW 95-561—NOV. 1, 1978 
Ml& 1 *-- 
«(c) OPPORTUNITY FOR HEARING.—A State educational agency shall 
not finally disapprove in whole or in part any application for funds 
under part A or under subpart 2 or subpart 3 of part B without first 
affording the local educational agency or other applicant submitting 
the application reasonable notice and opportunity for a hearing. 
u STATE RULEMAKING 
20 use 2812. 
"SEC. 165. Nothing in this title shall be deemed to prohibit a State 
educational agency from adopting rules, regulations, procedures, 
, 
^
^ . 
guidelines, criteria, or other requirements applicable to programs and 
projects assisted under this title if they do not conflict with the pro-
visions of this title, with regulations promulgated by the Commissioner 
implementing this title, or with other applicable Federal law. The 
/i-.»K •"'. '•-: Commissioner shall encourage a State educational agency, in adopt-
ing such rules, regulations, procedures, guidelines, criteria, or other 
requirements to recognize the special and unique needs and circum-
stances of the State and of each local educational agency in the State. 
" T E C H N I C A L A S S I S T A N C E A N D DISSEMINATION OF INFORMATION 
20 use 2813. 
"SEC. 166. Each State educational agency shall carry on a compre-
hensive program to provide technical assistance to local educational 
agencies and State agencies with respect to the use of funds received 
under this title. Such a program shall include technical assistance for 
management procedures, for planning, development, implementation, 
and evaluation of programs, and for preparation of applications, as 
well as other forms of technical assistance needed by local educational 
agencies and State agencies. Each State educational agency shall also 
f H\' '>' • 
adopt effective procedures for disseminating to local educational agen-
cies and State agencies (1) significant and relevant information 
derived from educational research, (2) information about successful 
compensatory education projects, (3) information about other Federal 
and State funded programs which may provide needed health, social, 
and nutrition services to eligible participating children under this title, 
i:.<, 
0 
and (4) such other information as will assist local educational agencies 
and State agencies in planning, developing, implementing, and evaluat-
1 
ing programs assisted under this title. 
"MONITORING 
20 use 2814. 
"SEC. 167. Each State educational agency shall adopt standards, 
consistent with minimum standards established by the Commissioner 
and with the State monitoring and enforcement plan submitted under 
I 
section 171, for monitoring the effectiveness of programs and projects 
assisted under this title. Such standards shall (1) describe the purpose 
and scope of monitoring; (2) specify the frequency of onsite visits; 
i 
(3) describe the procedures for issuing and responding to monitoring 
reports, including but not limited to, the period of time in which the 
State educational agency must issue its report, the period of time in 
which the applicant agency must respond, and the appropriate fol-
lowup by the State educational agency; (4) specify the methods for 
making monitoring reports available to parents. State and local audi-
tors, and other persons, and (5) specify the methods for insuring that 
non-compliant practices are corrected. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2185 
a COMPLAINT RESOLUTION 
"SEC. 168. Each State educational agency shall adopt written proce-
dures for receiving complaints, or reviewing appeals from decisions of 
local educational agencies with respect to complaints, concerning vio-
lations of this title or applicable provisions of the General Education 
Provisions Act in connection with programs assisted under this title, 
and for conducting onsite investigations of such complaints which the 
State educational agency deems necessary. Such procedures shall 
include— 
" (1) specific time limits for resolving the complaint or complet-
ing the review and, if necessary, the independent onsite investiga-
tion, which shall not exceed sixty days unless exceptional 
circumstances exist; 
" (2) an opportunity for the complainant or the complainant's 
representative, or both, and the local educational agency involved 
to present evidence, including the opportunity to question parties 
to the dispute and any of their witnesses; 
"(3) the right to appeal the final resolution of the State educa-
tional agency to the Commissioner within thirty days after receipt 
of the written decision; and 
"(4) dissemination, free of charge, of information concerning 
these procedures to interested parties, including all district and 
school advisory councils. 
Written 
procedures. 
20 u s e 2815. 
20 u s e 1221. 
Time limits. 
Presentation of 
evidence. 
Appeal. 
a 
WITHHOLDING OP PAYMENTS 
"SEC. 169. (a) WITHHOLDING.—Whenever a State educational 20 USC 2816. 
agency, after reasonable notice and opportunity for a hearing (con-
sistent with the requirements of section 434(b) of the General Educa-
tion Provisions Act) to any local educational agency or State agency. Post, p. 2342. 
before an impartial decisionmaker, finds that there has been a failure 
to comply substantially with any provision of subpart 3 of part A or 
subpart 2 or 3 of part B, the State educational agency shall notify such 
agency that further payments, in whole or in part, will not be made to 
it under this title until it is satisfied that there is no longer any such 
failure to comply. Until it is so satisfied, no further payments shall be 
made to such agency under this title, except as may be provided in a 
' •
* 
compliance agreement entered into under subsection (c). Pending the 
outcome of any proceeding under this subsection, the State educational 
agency may suspend, in whole or in part, payments to such agency, 
after such agency has been given reasonable notice and opportunity 
to show cause why such action should not be taken, 
"(b) NOTICE TO PUBLIC OF STATE WITHHOLDING.—Upon submission 
to a local educational agency or a State agency of a notice that the 
State educational agency pursuant to subsection (a) is withholding 
payment, the State educational agency shall inform the district advis-
ory council (if any) and shall take such additional action as may be 
necessary to bring the State action to the attention of the public. 
"(c) COMPLIANCE AGREEMENTS.—^A State educational agency may 
suspend the initiation or continuation of its withholding action under 
subsection (a) while there is in effect a compliance agreement with the 
local educational agency or State agency under this subsection. Such 
an agreement shall be deemed to be in effect for the period specified 
therein, except that if the local educational agency or State agency 
92 STAT. 2186 
PUBLIC LAW 95-561—NOV. 1, 1978 
"Compliance 
agreement." 
20 use 1221. 
20 use 
1231b-2. 
fails to comply with the terms agreed to, such agreement shall no longer 
be in effect and subsection (a) shall be fully operative. In implement-
ing such subsection, the State educational agency shall take into 
account any partial compliance by such agency under such agreement. 
For purposes of this subsection, the term 'compliance agreement' 
means an agreement which— 
"(1) sets forth the terms and conditions to which the local edu-
cational agency or State agency has agreed in order to comply 
with the requirements of this title or the General Education Pro-
visions Act and regulations promulgated thereunder, and with 
the applicable rules, regulations, procedures, guidelines, criteria 
or other requirements adopted by the State educational agency; 
"(2) addresses all the matters that formed the basis for the ini-
tiation of the withholding action by the State educational agency; 
and 
" (3) may consist of a series of agreements that in the aggregate 
dispose of all such matters. 
Within fifteen days after the execution of any compliance agreement, 
the State educational agency shall send a copy thereof to the district 
advisory council affected, and to each organization or person who filed 
a complaint with respect to any failure to comply which is covered by 
that agreement. 
. "(d) REVIEW BY THE COMMISSIONER.—A local educational agency or 
State agency may, in accordance with section 425(a) of the General 
Education Provisions Act, appeal a final determination of the State 
educational agency under subsection (a) to the Commissioner. 
u 
AUDITS AND AUDIT RESOLUTION 
20 use 2817. 
"SEC. 170. (a) AUDITING.—Each State shall make provision for 
audits of the expenditure of funds received under this title to deter-
mine, at a minimum, the fiscal integrity of grant or subgrant financial 
transactions and reports, and the compliance with applicable statutes, 
regulations, and terms and conditions of the grant or subgrant. Such 
audits shall be made with reasonable frequency considering the nature, 
size, and complexity of the activity. 
Written 
"(b) AUDIT RESOLUTION.—Each State educational agency shall 
procedures. 
have in effect written procedures meeting minimum standards estab-
lished by the Commissioner, to assure timely and appropriate resolu-
tions of audit findings and recommendations arising out of audits 
provided for in subsection (a). Such procedures shall include a descrip-
tion of the audit resolution process, timetables for each step of the 
process, and an audit appeals process. Whenever under such proce-
dures, the audit resolution process requires the repayment of Federal 
funds which were misspent or misapplied, such repayment may be 
made in either a single payment or in installments over a period not 
to exceed three years. 
"(c) REQUIREMENT FOR REPAYMENT.—A local educational agency or 
State agency shall repay from non-Federal sources or from Federal 
funds, no accountability for which is required to the Federal Govern-
ment, the amount of funds under this title which have been finally 
determined through the audit resolution process to have been misspent 
or misapplied. 
"(d) REVIEW BY THE COMMISSIONER.—A local educational agency or 
State agency may, in accordance with section 425(a) of the General 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2187 
Education Provisions Act, appeal a final determination of the State 
educational agency under subsection (b) to the Commissioner. 
"(e) FAILURE To KEPAY.—If, following an affirmation by the Com-
missioner of a final determination of a State educational agency under 
subsection (b) or failure by a local educational agency or State agency 
to seek timely review by the Commissioner, such local educational 
agency or State agency refuses to repay from non-Federal sources, or 
from Federal funds no accountability for which is required to the 
Federal Government, funds which have been misspent or misapplied 
under this title, the State educational agency shall promptly notify 
the Commissioner and the Commissioner shall promptly initiate col-
lection action. 
20 use 
1231b-2. 
Notification. 
"Subpart 3—Responsibilities of State Educational Agencies to 
Commissioner 
"STATE MONITORING AND ENFORCEMENT PLANS 
"SEO. 171. (a) STATE PLAN.—Each State educational agency par-
ticipating in programs under this title shall submit, at such times (at 
least once every three years) and in such detail as the Commissioner 
shall prescribe, a State monitoring and enforceemnt plan. Such plan 
sliall set forth— 
"(1) a program of regular visits by State educational agency 
personnel to projects assisted under this title; 
" (2) the matters to be reviewed during such visits; 
"(3) procedures for verifying information provided by local 
educational agencies and State agencies, including the use of other 
information available to the State to cross-check that information; 
" (4) procedures for regular audits of local educational agency 
and State agency expenditures under this title, and procedures 
for the recovery of any expenditure determined not to be allow-
able under this title; 
"(5) procedures for resolving each complaint received by the 
State relating to programs assisted under this title, including 
complaints refered to the State by the Commissioner and com-
plaints by representatives of children enrolled in private schools 
that those children are not receiving the services to which they 
are entitled under this title; and 
"(6) a description of the means by which the State educational 
agency has determined, and will continue to determine, the com-
pliance by local educational agencies with the requirements of sec-
tion 130 relating to the equitable provision of services to children 
enrolled in private schools. 
" (b) REPORT.—Each plan submitted by a State educational agency 
under this section shall include a report, in such form as the Commis-
sioner shall prescribe, of the activities undertaken by the State in the 
years since the previous plan was filed to carry out its monitoring and 
enforcement efforts under this title. 
20 use 2821. 
Regular visits by 
personnel. 
Matters to be 
reviewed. 
Information 
verification. 
..,,c.«S-:*fi 
u 
REPORTING 
"SEC. 172. Each State educational agency shall make to the Com- 20 USC 2822. 
missioner (1) periodic reports (including the results of objective meas-
urements required by section 124(g) and of research and replication ^nte, p. 2164. 
92 STAT. 2188 
PUBLIC LAW 95-561—NOV. 1, 1978 
studies) evaluating the effectiveness of payments under this title and 
of particular programs assisted under it in improving the educational 
"' - 
••• 
attainment of educationally deprived children, and (2) such other 
reports as may be reasonably necessary to enable the Commissioner to 
perform his duties mider this title (including sucli reports as he may 
require to determine the amounts which the local educational agencies 
of that State are eligible to receive for any fiscal year), 
''RECORDKEEPIXG, FISCAL CONTROI>, AND Fl'XD ACCOUNTIXG 
20 use 2823. 
''SEC. 173. Each State educational agency which receives funds under 
this title shall use fiscal control and fund accounting procedures that 
will ensure proper disbursement of, and accounting for, funds made 
available under this title, and keep such records, and afford access 
thereto, as the Commissioner shall prescribe, including records which 
fully disclose the amount and disposition by such agency of such 
funds, the total cost of programs and projects in connection with which 
"
^ 
such funds are used, the amount of that portion of the cost of the pro-
gram and project supplied by other sources, and such other records 
as will facilitate an effective audit. 
"PROHIBITIOX OF CONSIDERATION OF FEDERAL AID IN DETERMINING 
STATE AID 
20 use 2824. 
''SEC. 174. Xo State shall take into consideration payments under 
this title in determining the eligibility of any local educational agency 
in that State for State aid, or the amount of State aid, with respect to 
free public education of children. 
"PART D—FEDERAL ADMINISTRATION OF PROGRAMS AND PROJECTS 
"APPLICABILITY 
20 use 2831. 
"SEC. 181. In addition to other requirements contained in this part, 
the requirements of the General Education Provisions Act which 
relate to Federal administration of elementary and secondary educa-
tion programs shall apply to programs carried out under this title. 
u 
APPROVAL OF APPLICATIONS 
20 use 2832. 
"SEC. 182. (a) EEQUIREMENT FOR APPROVAL.—The Commissioner 
shall not approve an application under section 162 until he has made 
specific findings, in writing, that (1) the application and the State 
monitoring and enforcement plan required under section 171 comply 
with this title, and (2) that he is satisfied that the assurances in such 
application and the assurances contained in its general application 
Post, p. 2343. 
under section 435 of the General Education Provisions Act (where 
applicable) will be carried out. 
"(b) HEARINGS.—T^e Commissioner shall, in accordance with the 
procedures set forth in section 453 of the General Education Provi-
Post, p. 2349. 
sions Act, not finally disapprove an application under section 142 or 
section 162 except after notice and opportunity for a hearing to the 
State educational agency. 
, 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2189 
u 
PROGRAM EVALUATION 
"SEC. 183. (a) INDEPENDENT EVALUATIONS.—The Commissioner shall 
provide for independent evaluations which describe and measure the 
impact of programs and projects assisted under this title. Such eval-
uations may be provided by contract or other arrangements, and all 
such evaluations shall be made by competent and independent persons, 
and shall include, whenever possible, opinions obtained from program 
or project participants about the strengths and weaknesses of such 
programs and projects. 
"(b) 
EVALUATION STANDARDS AND SCHEDULE.—The Commissioner 
shall (1) develop and publish standards foi- evaluation of program 
or project effectiveness in achieving the objectives of this title, and 
(2) develop, in consultation with State educational agencies and rep-
resentatives of local educational agencies, a schedule for conducting 
evaluations under section 124(g) designed to ensure that evaluations 
are conducted in representative samples of the local educational agen-
cies in any State each year. Such standards will be developed only 
after widespread consultation and hearings with practicing StaAe and 
local agency evaluators, and the Commissioner's standards will reflect 
the input of these groups. 
"(c) JOINTLY SPONSORED STUDIES.—The Commissioner shall consult 
with State and local educational agencies in order to provide for 
jointly sponsored objective evaluation studies of programs and proj-
ects assisted under this title within a State. 
"(d) EVALUATION MODELS.—The Commissioner shall provide to 
State educational agencies, models for evaluations of all programs 
conducted under this title, for their use in carrying out their functions 
under section 172, which shall include uniform procedures and 
criteria to be utilized by local educational agencies and State agencies 
as well as by the State educational agency in the evaluation of such 
programs. In developing evaluation design models the Commissioner 
shall consult with State and local evaluators experienced in conduct-
ing such evaluations. 
" (e) TECHNICAL ASSISTANCE.—The Commissioner shall provide such 
technical and other assistance as may be necessary to State educational 
agencies to enable them to assist local educational agencies and State 
agencies in the development and application of a systematic evalua-
tion of programs in accordance with the models developed by the 
Commissioner. 
"(f) SPECIFICATION OF OBJECTIVE CRITERIA.—The models developed 
by the Commissioner shall specify objective criteria which shall be 
utilized in the evaluation of all programs and shall outline techniques 
(such as longitudinal studies of children involved in such programs) 
and methodology (such as the use of tests which yield comparable 
results) for producing data which are comparable on a statewide and 
nationwide basis. 
" (g) REPORT TO CONGRESS.—The Commissioner shall make a report 
to the respective committees of the Congress having legislative juris-
diction over programs authorized by this title and the respective Com-
mittees on Appropriations no later than February 1, 1980, 1982, and 
1984 concerning the results of evaluations of programs and projects 
required under this section, which shall be comprehensive and 
detailed, as up-to-date as possible, and based to the maximum extent 
possible on objective measurements, together with other related find-
20 use 2833. 
Standards, 
publication. 
Consultation and 
hearings. 
92 STAT. 2190 
PUBLIC LAW 95-561—NOV. 1, 1978 
ft'tf 
ings and evaluations and his recommendations with respect to 
legislation. 
"(h) INFORMATION DISSEMINATION.—The Commissioner shall also 
develop a system for the gathering and dissemination of the results of 
evaluations and for the identification of exemplary programs and 
projects, or of particularly effective elements of programs and projects, 
and for the dissemination of information concerning such programs 
and projects or such elements thereof to State agencies and local 
educational agencies responsible for the design and conduct of pro-
grams and projects under this title, and to the education profession 
and the general public. 
"(i) MAXIMUM EXPENDIITJRES.—The Commissioner is authorized, 
out of funds appropriated to carry out this title in any fiscal year, to 
expend such sums as may be necessary to carry out the provisions of 
this section, but not to exceed one-half of 1 per centum of the amount 
appropriated for such programs. In carrying out the provisions of this 
section, the Commissioner shall place priority on assisting States, 
local educational agencies, and State agencies to conduct evaluations 
and shall, only as funds are available after fulfilling that purpose, 
seek to conduct any national evaluations of the program. 
Written 
procedures. 
20 u s e 2834. 
20 u s e 1221. 
Time limits. 
Presentation of 
evidence. 
Notification. 
Dissemination of 
information. 
20 u s e 2835. 
< 
"COMPLAINT RESOLUTION 
"SEC. 184. The Commissioner shall develop and implement written 
procedures for receiving and resolving appeals from final resolutions 
of State educational agencies with respect to complaints concerning 
violations of this title or of applicable provisions of the General Edu-
cation Provisions Act in connection with programs under this title, for 
receiving such complaints directly' from parent advisory councils, 
parents, teachers, or other concerned organizations or individuals, and 
for conducting independent onsite investigations of complaints if the 
Commissioner deems necessary. Such procedures shall include— 
"(1) specific time limits for resolving the complaint or for 
completing the review and any necessary independent investiga-
tion, which shall not exceed sixty days unless exceptional cir-
cumstances exist; 
"(2) an opportunity for the complainant, the complainant's 
representative, the local educational agency and the State educa-
tional agency to present evidence; 
"(3) a requirement that the complainant, the complainant's 
representative, the local educational agency, the State educational 
agency. State agency, the district parent advisory council, and 
appropriate school-parent advisory councils shall be notified, in 
writing, within ten days after the resolution of the appeal of the 
nature of the resolution, the reasons therefor, and the right to an 
administrative appeal; and 
"(4) dissemination of information concerning the procedures. 
u A U D I T S A N D AUDIT RESOLUTION 
"SEC. 185. (a) AUDITING.—The Inspector General of the Depart-
ment of Health, Education, and Welfare shall make provision for 
audits of grants made under this title to determine, at a minimum, the 
fiscal integrity of grant or subgrant financial transactions and reports, 
and the compliance with applicable statutes, regulations, and terms 
and conditions of the grant or subgrant. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2191 
"(b) AUDIT RESOLUTION AND REPAYMENT.—The Commissioner shall 
adopt procedures to assure timely and appropriate resolution of audit 
findings 
and recommendations arising out of audits provided for in 
subsection (a). Such procedures shall include timetables for each step 
of the audit resolution process and an audit appeals process. Where, 
under such procedures, the audit resolution process requires the repay-
ment of Federal funds which were misspent or misapplied, the Com-
missioner shall require the repayment of the amount of funds under 
this title which have been finally determined through the audit resolu-
tion process to have been misspent or misapplied. Such repayment 
may be made from funds derived from non-Federal sources or from 
Federal funds no accountability for which is required to the Federal 
Government, Such repayments may be made in either a single pay-
ment or in installment payments over a period not to exceed three years. 
Procedures. 
Timetables. 
"WITHHOLDING OF PAYMENTS 
"SEC. 186. (a) WITHHOLDING.—Whenever the Commissioner, after 
reasonable notice to any State educational agency and an opportunitj'^ 
for a hearing on the record, finds that there has been a failure to com-
ply substantially with any assurance set forth in the application of that 
State approved under section 142 or 162, the Commissioner shall notify 
the agency that further payments will not be made to the State under 
this title (or, in his discretion, that the State educational agency shall 
reduce or terminate further payments under this title to specified local 
educational agencies or State agencies affected by the failure) until 
he is satisfied that there is no longer any such failure to comply. Until 
he is so satisfied, (1) no further payments shall be made to the State 
under this title, or (2) payments by the State educational agency under 
this title shall be limited to local educational agencies and State agen-
cies not affected by the failure, or (3) payments to particular local 
educational agencies or State agencies shall be reduced, as the case 
may be. Where partial payments to a local educational agency are 
continued under this subsection, the expenditure of the payments shall 
be subject to such conditions as the Commissioner deems appropriate 
in light of the failure which led to the partial withholding. In the case 
of a substantial and continuing violation, the Commissioner may sus-
pend payments to such agency, after such agency has been given rea-
sonable notice and opportunity to show cause why such action should 
not be taken. 
"(b) NOTICE TO PUBLIC OF COMMISSIONER WITHHOLDING.—Upon sub-
mission to a State of a notice under subsection (a) that the Commis-
sioner is withholding payments, the Commissioner shall take such 
action as may be necessary to bring his action to the attention of the 
public within the State. 
"(c) COMPLIANCE AGREEMENT.—(1) The Commissioner may suspend 
the initiation or continuation of his withholding action under sub-
section (a) during any period there is in effect a compliance agree-
ment with the State educational agency under this subsection. Such 
an agreement shall be deemed to be in effect for the period specified 
therein, except that if the State educational agency fails to comply 
with the terms agreed to, such an agreement shall no longer be in effect 
and subsection (a) shall be fully operative. In implementing such sub-
section, the Commissioner shall take into account any partial compli-
ance by such agency under such agreement. 
Notice and 
hearing. 
20 use 2836. 
Suspension of 
withholding 
action. 
92 STAT. 2192 
PUBLIC LAW 95-561—NOV. 1, 1978 
I' •^'•i »- • T > % ' | • . ^ ^ 1 
Hearing. 
Written findings. 
Copies of 
agreement to 
complainants. 
20 u s e 2837. 
Ante, p. 2143. 
"(2) For the purpose of this subsection, the term 'compliance agree-
ment, means an agreement which— 
"(A) sets forth the terms and conditions to which the State 
or local educational agency or State agency has agreed in order to 
comply with the requirements of this title or the General Educa-
tion Provisions Act and regulations promulgated thereunder; 
"(B) addresses all the matters that formed the basis for the 
initiation of the withholding action by the Commissioner; and 
"(C) may consist of a series of agreements that in the aggregate 
dispose of all such matters. 
" (3) In any case in which a State educational agency desires to enter 
into a compliance agreement, but alleges that full compliance with the 
i-equirements of this title is genuinely not feasible until a further date, 
the Commissioner shall hold a hearing at which that agency shall have 
the burden of demonstrating that immediate compliance is not feasible. 
The Commissioner shall provide an opportunity for parents, their rep-
resentatives, and other interested parties to participate in that hear-
ing. If the Commissioner determines, on the basis of all the evidence 
presented to him, that immediate compliance is genuinely not feasible, 
he shall make written findings to that effect before entering into such 
a compliance agreement with that State educational agency. A com-
pliance agreement under this subsection shall not be exempt from dis-
closure under any provision of section 552 of title 5, United States 
Code. Within fifteen days after the execution of any compliance agree-
ment under this subsection, the Commissioner shall send a copy thereof 
to each organization or person who filed a complaint with respect to 
any failure to comply which is covered by that agreement. 
u 
POLICY MANUAL 
"SEC. 187. (a) SCOPE AND PURPOSE.—The Commissioner shall, not 
later than six months after the publication of final regulations with 
respect to the amendments to this title made by the Education Amend-
ments of 1978, prepare and distribute to State educational agencies, 
State agencies operating programs for neglected and delinquent and 
handicapped children, local educational agencies, and district-wide 
advisory councils, and shall make available to other interested individ-
uals, organizations, and agencies, a policy manual for this title to— 
"(1) assist such agencies in (A) preparing applications for 
program funds under this title, (B) meeting the applicable pro-
gram requirements under this title, and (C) enhancing the qual-
ity, increasing the depth, or broadening the scope of activities for 
programs under this title; 
"(2) assist State educational agencies in achieving proper and 
efficient administration of programs funded under this title; 
"(3) assist advisory councils established under section 125(a) 
in advising the local educational agencies in the planning for, and 
implementation and evaluation oi^ programs and projects under 
this title; and 
"(4) insure that officers and employees of the Department of 
Health, Education, and Welfare, including, but not limited to, 
officers and employees of the Commissioner and officers and 
employees of such Department charged with auditing programs 
carried on under this title, uniformly interpret, apply, and enforce 
requirements under this title throughout the United States. 
4
.
, 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2193 
"(b) CONTENTS OF POLICT MANUAL..—The policy manual shall, with 
respect to programs carried on under this title, contain descriptions, 
statements, procedural and substantive rules, opinions, policy state-
ments and interpretations and indices to and amendments of the fore-
going, and in particular, whether or not such items are required under 
section 552 of title 5, United States Code to be published or made 
available, the manual shall include (but not be limited to)— 
"(1) a statement of the requirements applicable to the programs 
carried on under this title including such requirements contained 
in this title, the General Education Provisions Act, other appli- 20 USC 1221. 
cable statutes, and regulations issued under the authoriy of such 
statutes; 
i 
" (2) an explanation of the purpose of each requirement, includ-
ing appropriate references to legislative history ; 
" (3) an explanation of the interrelationships between the appli-
cable requirements; 
"(4) a statement of the procedures to be followed by the Com-
missioner and the Secretary with respect to proper and efficient 
performance of their administrative responsibilities, including but 
not limited to (A) approving State applications or State plans, 
(B) distributing grants to appropriate agencies, (C) resolving 
problems discovered during monitoring visits, (D) resolving 
financial exceptions disclosed during audits, (E) collecting out-
standing claims arising out of activities under this title, (F) 
resolving complaints, (G) responding to requests for advisory 
opinions interpreting and applying standards contained in appli-
cable statutes and regulations to the public, (H) identifying and 
publicizing exemplary programs, and (I) making public audit 
determinations of the Commissioner or of any officer or panel 
authorized by the Commissioner to make such determinations; 
"(5) summaries of (A) advisory opinions referred to in para-
graph (4) (G) of this section and (B) final audit determinations 
referred to in paragraph (4) (I), including examples of actual 
applications of the legal requirements of applicable statutes and 
regulations; 
"(6) model forms and instructions developed by the Commis-
sioner for use by State and local educational agencies, at their 
discretion, includinar, but not limited to, application forms, appli-
cation review checklists, and instruments for monitoring programs 
operated by applicant agencies; 
"(7) summaries of appropriate court decisions concerning pro-
grams under this title; 
"(8) examples of methods of distributing State and local funds 
which do and do not satisfy the applicable requirements under 
this title; and 
"(9) model forms, policies, and procedures developed by State 
educational agencies. 
"ENFORCEMENT REPORT 
"SEC. 188. The Commissioner shall, in conjunction with the report 
Report to 
required by section 183 (g), submit to the Congress a report concern- Congress, 
ing the enforcement of this title. The report submitted in 1980, 1982, 20 USC 2838. 
and 1984 shall contain— 
"(1) an analysis, for each State which has an application 
approved for that year under section 182, of the extent to which 
the assurances, policies, and procedures of that State submitted 
as part of that application satisfy the requirements of this title, 
39-194 O—80—pt. 2 
58 : QL3 
92 STAT. 2194 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(2) a description for each such State of the manner in which 
monitoring reports of the Commissioner were taken into con-
sideration in the approval of such applications, 
"(3) a description, with respect to appropriate States, of the 
manner in which unresolved audit and program monitoring find-
ings were taken into consideration in me approval of such 
applications, 
" (4) a description for each such State of the manner in which 
the annual evaluation report of that State was taken into con-
.if:^i J'-.) ,i*{ sideration in the approval of such applications, 
"(5) a summary of the findings of the Commissioner's on-site 
monitoring visits, of the actions taken by State educational agen-
cies to correct problems identified in each report based on such 
visits, and of the number, type, and location of problems which 
have been so identified but which have not been corrected as of the 
date of the submission of the annual enforcement report under this 
section, 
"(6) with respect to audits conducted under this title, (A) the 
number and type of audits conducted in the year preceding the 
date of submission of the report, (B) the identity of each State or 
local educational agency audited during that year, (C) the resolu-
tion status of each outstanding audit, including the dates on which 
each step of the resolution process with respect to such outstanding 
audit was completed, the schedule for completion of such process, 
the amount of the financial exceptions noted in final audit reports 
and in letters of final determination, and an explanation oi any 
differences in such amounts as noted in draft audit reports, final 
audit reports, and letters of final determination, (D) the number 
and identity of any States which did not appeal to the audit 
hearing board for this title with respect to audits conducted dur-
ing that year and the status of recoupment activities for each such 
State, (E) the number and identity of States which appealed to 
such board during that year and the status of each active appeal, 
(F) the number and identity of States which have completed such 
appeals during that year and the status of recoupment activities 
with respect thereto, (G) the number and type of any cases 
referred to the Attorney General during that year for collection 
of misspent funds, (H) the amount of any funds recovered during 
that year as a result of such audit resolution process, (I) an 
analysis of the type of violations identified in final audit reports, 
letters of final determination, and final decisions of the audit hear-
ing board for this title and of the Commissioner on appeal from 
the decisions of such board, (J) a summary of audit foUowup 
actions conducted during that year for the purpose of determining 
that deficiencies which led to financial audit exceptions or audit 
findings of procedural noncompliance have been corrected, (K) a 
description of audits planned for the year succeeding the date of 
the submission of the report, and (L) recommendations for 
improvement of the audit resolution process, and 
"(T) with respect to complaints made to the Commissioner 
concerning programs under this title during the year preceding 
jiv. . 
the date of submission of the report under this section, the number 
and type of complaints, the identity of the State and local educa-
tional agencies, the action taken by the Commissioner to resolve 
the complaints, and the number and type of complaints which 
remain unresolved as of the date of such submission. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2195 
•^.-r.:-*-'-:-:.'- 
"PART E 
PAYMENTS 
'• • 
';' 
"PAYMENT METHODS 
"SEC. 191. The Commissioner shall, from time to time pay to each 20 USC 2841. 
State, in advance or otherwise, the amount which it and the local educa-
tional agencies of that State are eligible to receive under this title. Such 
payments shall take into account the extent (if any) to which any 
previous payment to such State educational agency under this title 
(whether or not in the same fiscal year) was greater or less than the 
amount which should have been paid to it. 
"AMOUNT OF PAYMENTS TO LOCAL EDUCATIONAL AGENCIES 
"SEC. 192. From the funds paid to it pursuant to section 191 each 20 USC 2842. 
State educational agency shall distribute to each local educational 
agency of the State which is eligible to receive a grant under this title 
and which has submitted an application approved pursuant to section 
121 the amount for which such application has been approved, except 
that the amount shall not exceed the amount determined for that agency 
under this title. 
"ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS 
"SEC. 193. (a) ADJUSTMENT ALLOCATION.—If the sums appropriated 20 USC 2843. 
for any fiscal year for making the payments provided in this title 
other than amounts appropriated for subpart 2 of part A are not ^nte, p. 2158. 
sufficient to pay in full the total amounts which all local and State 
educational agencies are entitled to receive under this title for such 
year, the amount available for each grant to a State agency eligible 
for a grant under subpart 1, 2, or 3 of part B shall be equal to the total 
amount of the grant as w)mputed under each such subpart. If the 
remainder of such sums available after the application of the preceding 
sentence is not sufficient to pay in full the total amounts which all 
local educational agencies are entitled to receive under subpart 1 of 
part A of this title for such year, the allocations to such agencies shall, 
subject to adjustments under the next sentence, be ratably reduced to 
the extent necessary to bring the aggregate of such allocations within 
the limits of the amount so appropriated. The allocation of a local edu-
cational agency which would be reduced under the preceding sentence 
to less than 85 per centum of its allocation under subpart 1 of part A ^nte, p. 2153. 
for the preceding fiscal year, shall be increased to such amount, the total 
of the increases thereby required being derived by proportionately 
.^j,,,.^ 
reducing the allocations of the remaining local educational agencies, 
under the preceding sentence, but with such adjustments as may be 
necessary to prevent the allocation to any remaining local educational 
agency from being thereby reduced to less than 85 per centum of its 
allocation for such year. 
"(b) ADDITIONAL FUNDS ALLOCATION.—In case additional funds 
'^ 
become available for making payments under this title for that year, 
-
allocations that were reduced pursuant to subsection (a) shall be 
increased on the same basis that they were reduced. In order to permit 
the most effective use of all appropriations made to carry out this 
title, the Commissioner may set dates by which (1) State educational 
agencies must certify to him the amounts for which the applications 
of educational agencies have been or will be approved by the State 
and (2) State educational agencies referred to in subpart 1 of part 
92 STAT. 2196 
PUBLIC LAW 95-561—NOV. 1, 1978 
B must file applications. If the maximum grant a local educational 
agency would receive (after any ratable reduction which may have 
been reqiiired under the first sentence of subsection (a) of this sec-
, 
tion) is more than an amount which the State educational agency 
If-.: - 
determines, in accordance with regulations prescribed by the Com-
missioner, such agency will use, the excess amount shall be made availa-
ble first to educational agencies in that State. Determinations of the 
educational agencies to which such excess amounts shall be made 
available shall be made by the State educational agency in further-
ance of the purposes of this title in accordance with criteria prescribed 
by the Commissioner which are designed to assure that such excess 
amounts will be made available to other eligible educational agencies 
with the greatest need, for the purpose of, where appropriate, redress-
ing inequities inherent in, or mitigating hardships caused by, the appli-
Ante, p. 2153. 
cation of the provisions of section 111 (a] as a result of such factors as 
population shifts and changing economic circumstances. In the event 
excess amounts remain after carrying out the preceding two sentences 
of this section, such excess amounts shall be distributed among the 
other States as the Commissioner shall prescribe for use by local edu-
cational agencies in such States for the purposes of this title in such 
manner as the respective State educational agencies shall prescribe. 
K?' 
a 
PAYMENTS FOR STATE ADMINISTRATION 
20 use 2844. 
"SEC. 194. (a) Except as provided in subsection (b), the Commis-
sioner is authorized to pay to each State amounts equal to the amounts 
""" 
expended by it for the proper and efficient performance of its duties 
under this title, except that the total of such payments in any fiscal 
year shall not exceed— 
" (1) 1.5 per centum of the amount allocated to the State and its 
local educational agencies and to other State agencies as deter-
( 
mined for that year under this title; or 
" (2) $225,000, or $50,000 in the case of Guam, American Samoa, 
the Virgin Islands, the Northern Mariana Islands, or the Trust 
Territory of the Pacific Islands, 
whichever is the greater, except that any amount paid by reason of 
clause (1) or (2) in excess of the limitations on such payments in effect 
prior to the effective date of the Education Amendments of 1978 
shall be used exclusively for monitoring, audit resolution, enforcement, 
or similar compliance activities and shall supplement and not supplant 
funds otherwise available from non-Federal sources for such purposes. 
" (b) The provisions of this section shall apply in any fiscal year in 
Post, p. 2247. 
which the provisions of section 510 (b) (2) are not met. 
"PART F—GENERAL PROVISIONS 
u 
JUDICIAL REVIEW 
Petition, filing. 
"SEC. 195. (a) FiLiNG APPEALS.—If any State is dissatisfied with 
20 use 2851. 
the Commissioner's final action with respect to the approval of its 
application submitted under subpart 1 or part B or section 162 or 
with his final action under section 185 or 186, such State may, within 
sixty days after notice of such action, file with the United States court 
of appeals for the circuit in which such State is located a petition for 
review of that action. A copy of the petition shall be forthwith trans-
mitted by the clerk of the court to the Commissioner. The Commis-
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2197 
sioner thereupon shall file in the court the record of the proceedings on 
which he based his action, as provided in section 2112 of title 28, United 
States Code. 
"(b) BASIS or EEVIEW.—The findings of fact by the Commissioner, 
if supported by substantial evidence, shall be conclusive; but the court, 
for good cause shown, may remand the case to the Commissioner to 
take furtlier evidence, and the Commissioner may thereupon make new 
or modified findings of fact and may modify his previous action, and 
shall file in the court the record of the further proceedings. Sr.ch new 
or modified findings of fact shall likewise be conclusive if supported 
by substantial evidence. 
"(c) JUDICIAL APPEALS.—Upon the filing of such petition, the court 
shall have jurisdiction to affirm the action of the Commissioner or to 
set it aside, in whole or in part. The judgment of the court shall be 
subject to review by the Supreme Court of the United States upon 
certiorari or certification as provided in section 1254 of title 28, United 
States Code. 
"XATIOXAL ADVISORY COUNCIL 
Membership, 
terms. 
20 use 2852. 
Recommen-
dations. 
"SEC. 196. (a) COUNCIL ESTABLISHED.—There shall be a National 
Advisory Council on the Education of Disadvantaged 
Children 
(hereinafter in this section referred to as the 'National Council') con-
sisting of fifteen members appointed by the President, without regard 
to the provisions of title 5, United States Code, governing appoint-
ment in the competitive service, for terms of three years, except that 
(1) in the case of initial members, five shall be appointed for terms 
of one year each and five shall be appointed for terms of two years 
each, and (2) appointments to fill vacancies shall be only for such 
terms as remain unexpired. The National Council shall meet at the Meetings, 
call of the Chairman. 
"(b) FUNCTIONS.—The National Council shall review and evaluate 
the administration and operation of this title, including its effective-
ness in improving the educational attainment of educationally 
deprived children, including the effectiveness of programs to meet their 
occupational and career needs, and make recommendations for the 
improvement of this title and its administration and operations. These 
recommendations shall take into consideration experience gained 
under this and other Federal educational programs for disadvantaged 
children and, to the extent appropriate, experience gained under other 
public and private educational programs for disadvantaged children. 
"(c) REPORTS.—The National Council shall make such reports of 
its activities, findings, and recommendations (including recommenda-
tions for changes in the provisions of this title) as it may deem appro-
priate and shall make an annual report to the President and the 
Congress not later than March 31 of each calendar year. Such annual 
report shall include a report specifically on which of the various 
compensatory education programs funded in whole or in part under 
the provisions of this title, and of other public and private educa-
tional programs for educationally deprived children, hold the highest 
promise for raising the educational attainment of these educationally 
deprived children. The President is requested to transmit to the Con-
gress such comments and recommendations as he may have with respect 
to such report. Subject to section 448(b) of the General Educational 
Provisions Act, the National Council shall continue to exist until 
20 USC 1233g. 
October 1,1984. 
Annual submittal 
to President and 
Congress. 
92 STAT. 2198 
PUBLIC LAW 95-561—NOV. 1, 1978 
(( 
LIMITATION ON GRANT TO PUERTO RICO 
20 use 2853. 
"SEC. 197. Notwithstanding the provisions of part A or of subpart 
Arue, pp. 2153, 
1, 2, or 3 of part B of this title, the amount paid to the Commonwealth 
2177. 
of Puerto Rico under this title for any fiscal year shall not exceed 150 
per centum of the amount received by Puerto Rico under this title in 
the preceding fiscal year. Any excess over such amount shall be used 
Ante, p. 2153. 
to ratably increase the allocations under subpart 1 of part A of the 
other local educational agencies whose allocations do not exceed the 
Ante, p. 2153. 
maximum amount for which they are eligible under section 111. 
u 
DEFINITIONS 
20 use 2854. 
"SEC. 198. (a) Except as otherwise provided, for purposes of this 
title: 
"(1) The term 'average daily attendance' means attendance 
determined in accordance with State law, except that notwith-
standing any other provision of this title, where the local educa-
tional agency of the school district in which any child resides 
makes or contracts to make a tuition payment for the free public 
education of such child in a school situated in another school dis-
5, 
trict, for purposes of this title the attendance of such child at such 
school shall be held and considered (A) to be in attendance at a 
school of the local educational agency so making or contracting to 
make such tuition payment, and (B) not to be m attendance at a 
school of the local educational agency receiving such tuition pay-
ment or entitled to receive such payment under the contract. 
"(2) The term 'average per pupil expenditure' means in the 
,, 
case of a State or the United States, the aggregate current expendi-
tures, during the third fiscal year preceding the fiscal year for 
which the computation is made (or if satismctory data for that 
year are not available at the time of commutation, then during the 
most recent preceding fiscal year for which satisfactory data are 
available), of all local educational agencies in the State, or in the 
United States (which for the purposes of this subsection means 
the fifty States, and the District of Columbia), as the case may be, 
plus any direct current expenditures by the State for operation 
of such agencies (without regard to the source of funds from 
which either of such expenditures are made), divided by the aggre-
gate number of children in average daily attendance to whom such 
agencies provided free public education during such preceding 
year. 
"(3) The term 'Commissioner' means the United States Com-
missioner of Education. 
"(4) The term 'construction' includes the preparation of draw-
ings and specifications for school facilities; erecting, building, 
acquiring, alteringj remodeling, improving, or extending school 
facilities; and the inspection and supervision of the construction 
of school facilities. 
" (5) The term 'county' means those divisions of a State utilized 
by the Secretary of Commerce in compiling and reporting data 
regarding counties. 
"(6) The term 'current expenditures' means expenditures for 
free public education, including expenditures for administration, 
instruction, attendance, and health services, pupil transportation 
services, operation and maintenance of plant, fixed charges, and net 
expenditures to cover deficits for food services and student body 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2199 
activities, but not including expenditures for community services, 
capital outlay, and debt service, or any expenditures made from 
funds granted under this title or parts B and C of title IV of this 
Xf,^ 
Post, pp. 2236, 
"(7) The term 'elementary school' means a day or residential 2237. 
school which provides elementary education, as determined under 
State law, and the term 'secondary school' means a day or resi-
dential school which provides secondary education, as determined 
under State law, except that it does not include any education 
provided beyond grade 12. 
"(8) The term 'equipment' includes machinery, utilities, and 
building equipment and any necessary enclosure or structures to 
house them, and includes all other items necessary for the func-
tioning of a particular facility as a facility for the provision of 
educational services, including items such as instructional equip-
ment and necessary furniture, printed, published, and audio-visual 
instructional materials, and books, periodicals, documents, and 
other related materials. 
"(9) The term'free public education'means education which is 
';i!««.ij 
provided at public expense, under public supervision and direc-
tion, and without tuition charge, and which is provided as ele-
mentary or secondary school education in the applicable State, 
except that such term does not include any education provided 
beyond grade 12. 
"(10) The term 'local educational agency' means a public board 
of education or other public authority legally constituted within 
a State for either administrative control or direction of, or to 
perform a service function for, public elementary or secondary 
schools in a city, county, township, school district, or other politi-
cal subdivision of a State, or such combination of school districts 
or counties as are recognized in a State as an administrative agency 
for its public elementary or secondary schools. Such term includes 
" • - ' 
' • 
any other public institution or agency having administrative con-
trol and direction of a public elementary or secondary school. 
"(11) The term 'parent' includes a legal guardian or other per- 
' ' 
'^ 
' 
son standing in loco parentis. 
"(12) The term 'project area' means a school attendance area 
having a high concentration of children from low-income families 
which, without regard to the locality of the project itself, is desig-
nated as an area from which children are to be selected to par-
ticipate in a program or project assisted under this title. 
"(13) The term 'school attendance area' means in relation to a 
particular school, the geographical area in which the children who 
-^ •
' ^ ' • -
are normally served by that school reside. 
"(14) The term 'school facilities* means classrooms and related 
facilities (including initial equipment) for free public education 
and interests in land (including site, grading, and improvements) 
on which such facilities are constructed, except that such term does 
^"' 
' '^' '* 
not include those gymnasiums and similar facilities intended 
primarily for exhibitions for which admission is to be charged to 
the general public. 
"(15) The term 'Secretary' means the Secretary of Health, 
Education, and Welfare. 
"(16) The term 'State' means a State, Puerto Eico, Guam, the 
^
^
^
^ • 
District of Columbia, American Samoa, the Virgin Islands, the 
Northern Mariana Islands, or the Trust Territory of the Pacific 
Islands. 
92 STAT. 2200 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 use 244. 
Repeal. 
20 use 
241a, 241b, 
241c-241o. 
20 use 241b-l, 
2713. 
"(17) The term 'State educational agency' means the officer or 
agency primarily responsible for the State supervision of public 
elementary and secondary schools.". 
(b) Section 403 of the Act of September 30, 1950 (Public Law 874, 
Eighty-first Congress), is amended— 
(1) by striking out, "except as used in title II", where it appears 
in paragraph (2); 
(2) by striking out, ", except that for purposes of title II such 
term does not include any education provided beyond grade 12", 
where it appears in paragraph (4); 
(3) by striking out, "title II of this act or title II or III" where 
it appears in paragraph (5), and inserting "title I, II, or III"; 
(4) by striking out, "(A)" where it appears in paragraph (6) 
and by striking out subparagraph (B) of such paragraph; 
(5) by striking out ", and for purposes of title II, such term 
includes the Trust Territory of the Pacific Islands" in paragraph 
t 
(8); and 
(6) by striking out paragraphs (15), (16), and (17). 
(c) Title II of the Act of September 30, 1950 (Public Law 874, 
Eighty-first Congress), is repealed. 
(d) Section 101(a) (10) of the Education Amendments of 1974 is 
amended by striking out "Part A" and inserting in lieu thereof "sub-
part 1 of part A, and part B," and by striking out "such part A" and 
mserting in lieu thereof "such subpart or part". 
20 use 2701 
note. 
Ante, p. 2198. 
45 eFR 116, 
116a. 
20 use 1232. 
Participating 
agencies selection 
criteria. 
Ante, p. 2167. 
STUDY OF ALTERNATIVES FOR DEMONSTRATING COMPARABILITY 
SEC. 102. (a) The Commissioner shall, not later than September 30, 
1981, make a study of the feasibility and desirability of alternative 
criteria for demonstrating the comparability of services provided with 
State and local funds in each project area (as defined in section 
198(12) of the Elementary and Secondary Education Act of 1965) to 
those provided outside such areas which ensure, at least to the same 
extent as tlie criteria in existing regulations published in the Federal 
Register (41 F.R. 42894 et seq., September 28, 1976), that children in 
each school serving such a project area receive comparable services 
paid for out of State and local funds. 
(b) The Commissioner may select all the local educational agencies 
in one State and not more than twenty such agencies in other States 
which are reasonably representative of the various geographical areas 
of the Nation for participation in the study provided for in this sec-
tion. For purposes of the study, the Commissioner, without regard to 
section 431 of the General Education Provisions Act, may permit the 
use of substitute criteria meeting the requirements of subsection (c) 
in place of criteria contained in existing regulations, to be applicable 
only for the school years 1979-1980 and 1980-1981 and only to local 
educational agencies selected to participate in the study. 
(c) Local educational agencies selected for participation in the study 
provided for in this section shall demonstrate comparability througifi 
the use of alternative criteria, which, at a minimum, meet the condi-
tions of the following paragraphs: 
(1) Such criteria are approved by the districtwide advisory 
council established under section 125 of the Elementary and Sec-
ondary Education Act of 1965. 
(2) Based on such criteria, each school serving such a project 
area receives services comparable to those services provided with 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2201 
State and local funds in schools not receiving assistance under 
this title. 
(3) Services measured by such criteria shall vary by not more 
than 5 per centum between each school serving such a project area 
and other schools of the agency. 
(4) Compliance with such criteria shall be determined on the 
basis of services actually provided during the current school year. 
(5) If expenditures are used in the criteria, only expenditures Instructional 
for instructional services shall be included and for this purpose services, 
"instructional services" means current expenditures for free pub-
lic education other than expenditures for attendance and health 
services, pupil transportation services, operation and maintenance 
of plant, fixed charges, and net expenditures to cover deficits for 
food services and student body activities. 
(6) In all other respects, such criteria shall be consistent with 
the regulations of the Commissioner pertaining to comparability 
of services. 
(d) In order to provide a basis for comparison, local educational Reports. 
agencies participating in the study under this section shall continue 
to make reports under existing criteria for comparability of services. 
TITLE II—ESTABLISHMENT OF A NEW TITLE II OF THE 
ELEMENTARY AND SECONDARY EDUCATION ACT OF 
1965 
BASIC SKILLS 
SEC. 201. Title II of the Elementary and Secondary Education Act 
of 1965 (hereinafter in titles II through IX of this Act referred to as 
"the Act") is amended to read as follows: 
"TITLE II—BASIC SKILLS IMPROVEMENT 
"PART A—NATIONAL PROGRAM 
'PURPOSE 
"SEC. 201. The purpose of this part is— 
"(1) to assist Federal, State, and local educational agencies to 
coordinate the utilization of all available resources for elementary 
and secondary education to improve instruction so that all chil-
dren are able to master the basic skills of reading, mathematics, 
and effective communication, both written and oral; 
"(2) to encourage States to develop comprehensive and sys-
tematic plans for improving achievement in the basic skills; 
"(3) to provide financial assistance to State and local educa-
tional agencies for the development of programs in the basic skills ; 
"(4) to develop means by which parents working with the 
schools can contribute to improving the educational achievement 
of their children; 
"(5) to encourage the involvement of the private sector in the 
delivery to children, youths, and adults of educational services 
and materials that will improve achievement in the basic skills; 
and 
" (6) to expand the use of television and other technology in the 
delivery of instructional programs aimed at improving achieve-
ment in the basic skills. 
20 use 2881. 
.f^S 
, ^ ^ v , 
92 STAT. 2202 
PUBLIC LAW 95-561—NOV. 1, 1978 
Grant or contract. 
20 use 2882. 
20 use 2883. 
20 use 
1221e-3. 
APPLICATIONS 
"SEC. 202. (a) The Secretary may make a grant or award a contract 
under this part only upon the submission of an application by an 
eligible entity at the time and in the form prescribed by the Secretary. 
Each such application by a State or local educational agency shall 
provide assurances that— 
" (1) in designing the proposal for which application is made, 
the needs of children in nonprofit private elementary and second-
ary schools have been taken into account through consultation 
with private school officials; and, to the maximum extent feasible, 
and consistent with the number of such children in the area to be 
served who have the educational needs the proposal is intended 
to address, those children will be provided an opportunity to par-
ticipate in the proposed activity on a basis comparable to that 
provided for public school children; 
"(2) procedures have been developed to evaluate the effective-
ness of the proposed activity in achieving the purposes of this 
title; and 
"(3) procedures have been developed for incorporating success-
ful practices developed with assistance under this title into the 
regular instructional program. 
"(b) No grant or contract may be awarded to a local educational 
agency under this part unless the appropriate State educational agency 
has been provided an opportunity for at least thirty days to comment 
on the application. 
"ACCEPTANCE OF GIFTS 
. 
. . 
i>.n- rr.r 
. 
-i 
"SEC. 203. Notwithstanding the provisions of section 408(a) (3) of 
the General Education Provisions Act, the Secretary may accept, on 
behalf of the United States, conditional or unconditional gifts or dona-
tions of services, money, or property, made for any activities author-
ized to be carried out under this title. 
GRANTS AND CONTRACTS 
20 use 2884. 
"SEC. 204. (a) In order to achieve the purposes of this part, the Sec-
.^.^...,:.:., 
retary is authorized, during the period of October 1, 1979, through 
September 30, 1983, to make grants to, and enter into contracts with. 
State and local educational agencies, and other public and private agen-
cies, organizations, and institutions to carry out planning, research, 
development, demonstrations (including training of leadership per-
sonnel, evaluation, and dissemination, as described in sections 205 
through 209), except that no grant may be made under this part to 
other than a public or nonprofit private agency, organization, or 
institution. 
"(b) The Secretary may provide to such agencies, organizations, and 
, 
institutions, either directly or through grants or contracts, technical 
assistance related to the purposes of this part. 
a 
INSTRUCTION IN BASIC SKILLS 
20 use 2885. 
" S E C 205. The Secretary shall provide assistance, in accordance with 
section 204, for activities designed to demonstrate improved delivery 
of instructional services in the areas of reading, mathematics, and oral 
and written communication, including— 
"(1) assessment of schoolwide needs to identify the instruc-
tional needs of children in basic skills; 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2203 
,1 
"(2) establishing learning goals and objectives for each school; 
;, 
"(3) the development of comprehensive programs to address 
the needs through the use of resources available under this part 
and other resources from local, State, and Federal programs; 
"(4) the demonstration of technic[ues for coordinating the 
efforts of local agencies, organizations, and institutions, to 
• . , . • • . „ 
, „ 
improve achievement in basic skills; 
"(5) preservice training programs for teaching personnel 
including teacher aides and other ancillary educational personnel, 
and in-service training and development programs, designed to 
enable such personnel to improve their ability to teach basic 
skills; and 
"(6) active involvement of teachers, teacher aides, administra-
tors, and other educational personnel to improve their ability to 
utilize available resources to carry out the purposes of this part. 
"PARENTAL PARTICIPATION IN BASIC SKILLS INSTRUCTION 
"SEC. 206. The Secretary, in accordance with section 204, shall sup- 20 USC 2886. 
port activities designed to enlist the assistance of parents and volun-
teers working with schools to improve the skills of children in reading, 
mathematics, and oral and written communication. The activities 
which may be supported under this section include— 
"(1) the development and dissemination of materials that, with 
appropriate training, parents may use in the home to improve 
their children's performance in those skills; and 
"(2) yoluntary training activities for parents to encourage 
them to assist their children in developing basic skills. 
(( 
USE OF TECHNOLOGY IN BASIC SKILLS INSTRUCTION 
"SEC. 207. The Secretary, in accordance with section 204, shall sup- 20 USC 2887. 
port development and demonstration activities related to the improved 
use of television and other technology to contribute to the instruction 
of children in reading, mathematics, and written and oral communi-
cation. The activities authorized under this section shall be designed 
to expand the variety and improve the quality of instructional efforts 
involving the use of technology. The activities which may be supported 
under this section include— 
"(1) the development and acquisition of educational program-
ing, including audio and video materials distributed through 
r oi'' 
broadcast, cable, tape, film, cassettes, or other means that provide 
" 
instruction in basic skills in an effective manner; 
"(2) the development and acquisition of instructional mate-
rials that supplement educational programing described in clause 
(1) of this section in order to improve its effectiveness in the 
school, the home, and other learning environments; 
"(3) the development and acquisition of materials to assist 
teachei-s in relating such pro^aming, or similar public or com-
mercial programs of educational value, to instruction in the 
classroom; 
" (4) the training of teachers, administrators, and other instruc-
fe tional personnel in the use of educational technology; 
-^^'"^ *^'' *^' 
"(5) assistance to teachers, administrators, and other instruc-
tional personnel for experimentation with new technological 
approaches to instruction; and 
92 STAT. 2204 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(6) distribution of information about, and promotion of the 
use of, such programing and technology in the classroom and 
other learning environments. 
"iNVOLVEMEXT OF EDUCATIONAL AGENCIES AND PRIVATE ORGANIZATIONS 
20 use 2888. 
"SEC. 208. (a) The Secretary shall provide assistance and informa-
tion to State and local educational agencies, institutions of higher 
education, and private agencies, organizations, and institutions (such 
as labor unions, volunteer organizations, and business associations) 
to support the efforts of such agencies, organizations, and institutions 
to stimulate children, youths, and adults to improve their achievement 
in basic skills. The activities which may be supported under this 
section include— 
"(1) programs to motivate children to improve their reading 
skills through the distribution to children of books; 
"(2) instructional programs and voluntary tutorial programs 
to provide individual assistance outside of the school to children, 
d*-^'^ 'i 
youths, and adults with instruction needs; 
"(3) community efforts to encourage individuals to improve 
their performance in basic skills; and 
" (4) the establishment of programs for lending or selling books 
to children, youths, and adults. 
"(b) Activities supported under subsection (a) (2) may be known 
as reading academies. 
" C O L L E C T I O N AND DISSEMINATION OF INFORMATION RELATING TO BASIC 
SKILLS PROGRAMS 
20 use 2889. 
"SEC. 209. The Secretary is authorized to use funds appropriated 
under this part to collect and analyze information concerning the 
results of activities carried out under this title and under part C of 
Post, p. 2237. 
title IV, including information on the activities which have been suc-
cessful in improving the achievement of students in the basic skills. 
Such funds may also be used to disseminate that information to State 
and local educational agencies and other interested public and private 
agencies, organizations, and institutions. 
C( 
COORDINATION 
Procedures. 
"SEC. 210. The Secretary shall establish effective and efficient proce-
20 use 2890. 
dures for coordination between the programs assisted under this part 
and other parts of this title, with programs assisted under title I and 
Ante, p. 2153, 
title IV of this Act, title V of the Economic Opportunity Act of 1964, 
Post, p. 2229. 
title V of the Higher Education Act of 1965, and other such Federal 
42 use 2921. 
programs that support efforts to improve the basic skills of children, 
20 use 1101. 
youth and adults. 
"PART B—STATE BASIC SKILLS IMPROVEMENT PROGRAM 
"STATEMENT OF PURPOSE 
20 use 2901. 
"SEC. 221. It is the purpose of this part to provide financial assist-
ance to States to enable them— 
"(1) to develop comprehensive and systematic statewide plans 
for improving achievement in the basic skills, to coordinate avail-
able resources for elementary and secondary education, and to 
' 
provide financial assistance to improve the instruction so that all 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2205 
children are able to master the basic skills of reading, mathe-
matics, and effective communication, both written and oral; 
"(2) to provide assistance to local agencies in the development 
and implementation of comprehensive programs to improve basic 
skills proficiency and instruction in the elementary and secondary 
schools; 
"(3) to develop means by which parents working with the 
schools can contribute to improving the educational achievement 
of their children; 
"(4) to provide State leadership in the planning, execution, 
and evaluation of basic skills instructional programs in elemen-
tary and secondary schools; and 
"(5) to arrange for and assist in the training of educational 
staff, including special reading and mathematics personnel and 
specialists needed in programs assisted under this part. 
AGREEMENTS WITH STATE EDUCATIONAL AGENCIES 
20 use 2902. 
l), iS. f| ,aift'i:i. 
"SEC. 222. (a) Any State which desires to receive grants under this 
part shall, through its State educational agency, enter into an agree-
ment with the Secretary, in such detail as the Secretary deems neces-
sary, which— 
"(1) designates the State educational agency as the agency for 
administration of the agreement; 
"(2) provides for a process of active and continuing consulta- Consultation 
tion with the State educational agency, by persons broadly repre-
sentative of the educational resources of the State and of the 
general public, including persons representative of— 
"(A) public and private nonprofit elementary and sec-
ondary schoolchildren, 
"(B) institutions of higher education, 
"(C) parents of elementary and secondary schoolchildren, 
"(D) areas of professional competence relating to basic 
skills instruction in reading and mathematics, 
"(E) classroom teachers in the State, and 
"(F) local 
administrators 
including 
principals 
and 
superintendents, 
to advise the State educational agency on the planning, develop-
ment, implementation, and evaluation of a comprehensive State 
program for improving basic skills; 
"(3) describes the basic skills instructional programs in ele-
mentary and secondary schools for which assistance is sought 
under this part and procedures for giving priority to basic skills 
programs which are already receiving Federal financial assistance 
and show reasonable promise of achieving success; 
" (4) sets forth criteria for achieving an equitable distribution 
of that part of the assistance under this part which is made avail-
able to local educational agencies pursuant to the second sentence 
of subsection (b) of this section, which criteria shall— 
"(A) take into account the size of the population to be 
served, beginning with preschool, the relative needs of pupils 
in different population groups within the State for the pro-
gram authorized by this part, and the financial ability of the 
local educational agency serving such pupils, and 
"(B) assure that such distribution shall include grants to 
local educational agencies having high concentrations of chil-
dren with low reading or mathematics proficiency; 
Assistance, 
equitable 
distribution 
criteria. 
92 STAT. 2206 
PUBLIC LAW 95-561—NOV. 1, 1978 
.SO-^^' 
Grants. 
Ante, p. 2171. 
Assistance 
applications. 
School level 
programs. 
"(6) provides for the coordination and evaluation of programs 
assisted under this part; 
"(6) provides for technical assistance and support services for 
local educational agencies participating in the program; 
"(7) makes provision for the dissemination to the educational 
community and the general public of information about the objec-
tives of the program and results achieved in the course of its 
implementation; 
"(8) provides for making a report, ut least once every three 
years, and such other reports, in such foi'm and containing such 
information, as the Secretary may reasonably require to evaluate 
the effectiveness of the program and to carry out his other func-
tions under this part; 
"(9) provides that not more than 5 per centum of the amount 
allotted to the State under this part for any fiscal year may be 
retained by the State educational agency for purposes of admin-
istering the agreement; 
"(10) provides that programs assisted imder this part shall be 
of sufficient size, scope, and quality so as to give reasonable promise 
of substantial progress toward achieving the purposes of this 
part; and 
" (11) provides that Federal funds expended under the program 
will supplement the level of State and local funds that would be 
available for such programs in the absence of Federal assistance, 
and in no event will supplant such State and local funds. 
"(b) Grants for projects to carry out the purposes of this part may 
be made to local educational agencies (subject to the provision of sub-
section (c) relating to the participation of private elementary and sec-
ondary school pupils), institutions of higher education, and other 
public and nonprofit agencies and institutions. Not less than 70 per 
centum of the amount allotted to a State under this part for any fiscal 
year shall be made available by the State for grants to local educational 
agencies within that State. 
" (c) The provisions of section 130 (a) (1) of this Act relating to the 
participation of children enrolled in private elementary and secondary 
schools shall apply to programs assisted under this part. 
"(d) Each application by a local educational agency within a State 
for assistance under this part shall be developed in conjunction with 
teachers and building administrators in such district. The application 
shall set forth a systematic strategy for improving basic skills instruc-
tion in the local district which provides for the planning and imple-
mentation of comprehensive basic skills instructional programs at the 
school building level. The school level programs shall address the needs 
of all students and shall utilize, in a coordinated fashion, resources 
available from all Federal, State, and local sources. Teachers, admin-
istrators, and parents shall be involved in the development of the 
comprehensive school level programs. Such programs shall include— 
"(1) diagnostic assessment to identify the needs of all of the 
children in the school; 
"(2) the establishment of learning goals and objectives for the 
school; 
"(3) to the extent practicable, preservice training and inserv-
ice training and development programs for teaching and adminis-
trative personnel, including teacher-aides and other ancillary 
. 
educational personnel, designed to enable such personnel to 
'<' improve their ability to teach students the basic skills; 
PUBLIC LAW 95-561~NOV. 1, 1978 
92 STAT. 2207 
"(4) activities designed to enlist the support of parents to aid 
in the instruction of their children at home and school; 
"(5) procedures for the evaluation of the effectiveness of the 
program, including a program of periodic testing of basic skills 
achievement and the publication of test results on basic skills 
performance by grade level and by school, without identification 
of performance of individual children; 
"(6) assessment, evaluation, and collection of information on 
individual children by teachers during each year of a pre-elemen-
tary program, to be made available for teachers in the subsequent 
year, in order that continuity for the individual child not be lost. 
Such information shall also be available to parents or guardians of 
the individual children. 
"(e) In addition to the grants authorized in subsection (d), the 
State educational agency may also make grants to support activities 
designed to enlist the assistance of parents working with schools to 
improve the skills of their children in reading, mathematics, and oral 
and written communication. Activities that may be supported under 
this section include— 
"(1) the development and dissemination of materials that 
parents may use in the home to improve their children's perform-
ance in those skills; 
"(2) the encouragement of closer contacts between parents and 
teachers to improve the coordination between learning experiences 
in the home and those in school; 
" (3) planning for, developing and improving centers accessible 
to parents to provide materials and professional guidance, includ-
ing volunteers, for parents who desire to assist in the instruction 
of their children; and 
" (4) the demonstration of training programs for parents who 
desire to develop new skills to complement the instruction their 
children receive in school. 
"(f) The Secretary shall enter into an agreement which complies 
with the provisions of subsection (a) with any State which desires to 
enter into such an agreement. 
Activities support 
grants. 
(( 
DISTRIBUTION OF FUNDS 
"SEC. 223. The Secretary shall distribute grants under the provisions 20 USC 2903. 
of this part so as to assure that each State having an agreement under 
section 222 will receive not less than the amount which bears the same 
ratio to the total amount available for this part for a fiscal year as 
the number of school age children (aged five through seventeen inclu-
sive) in that State bears to the number of such children in all States, 
except that any State having an agreement shall not receive less than 
$50,000 in any such fiscal year. 
(( 
STATE liEADERSHIP PROGRAM 
"SEC. 224. The Secretary is authorized to enter into agreement with 
State educational agencies for the carrying out by such agencies 
of leadership and training activities designed to prepare personnel 
throughout the State to implement programs which have been dem-
onstrated in that State or other States to be effective in overcoming 
deficiencies in the basic skills, and to develop and implement statewide 
plans for improving the skills of children, youth, and adults in reading, 
mathematics, and oral and written communication. The activities 
authorized by this section shall be limited to— 
Agreements. 
20 USC 2904. 
92 STAT. 2208 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(1) the development of a comprehensive statewide program 
providing for the coordination of all Federal and State programs 
that provide instruction in basic skills; 
"(2) planning activities that involve local administrators, 
teachers, and parents in the development of strategies to improve 
instruction in basic skills; 
"(3) statewide assessments of need relating to basic skills, 
including the needs of both students and instructional personnel; 
"(4) in-service training programs for local administrators, 
instructional personnel, and other staff members involved in 
instruction in basic skills; and 
"(5) the provision of technical assistance and the dissemination 
of information relating to basic skills instruction to local educa-
tional agencies and other organizations and institutions involved 
in programs of instruction in basic skills. 
"PART C—SPECIAL PROGRAMS FOR IMPROVING BASIC SKILLS 
Federal share, 
payment. 
Contract 
provisions. 
"INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING MOTIVATION 
Contract. 
"SEC. 231, (a) The Commissioner is authorized (1) to enter into a 
20 use 2911. 
contract with a private nonprofit group or public agency (hereinafter 
in this section referred to as the 'contractor'), which has as its primary 
purpose the motivation of children to learn to read, to support and 
promote the establishment of reading motivational programs which 
include the distribution of inexpensive books to students and (2) to 
pay the Federal share of the cost of such programs. 
" (b) The contract shall provide that— 
"(1) the contractor will enter into subcontracts with local 
private nonprofit groups or organizations or with public agencies 
(hereinafter referred to as 'subcontractors') under which the sub-
contractors will agree to establish, operate, and provide the non-
Federal share of the cost of reading motivational programs which 
include the distribution of books by gift or loan, to pre-elementary, 
elementary or secondary schoolchildren; 
" (2) funds made available by the Commissioner to a contractor 
pursuant to any contract entered into under this section will be 
used to pay the Federal share of the cost of establishing and oper-
.8tit?s: :$•«!] 0 
ating reading motivational programs as provided in paragraph 
(1); and 
"(3) the contractor will meet such other conditions and stand-
ards as the Commissioner determines to be necessary to assure the 
effectiveness of the programs authorized by this section and will 
provide technical assistance in furtherance of the purposes of this 
section. 
) 
"(c) The Commissioner shall make no payment of the Federal share 
of the cost of acquiring and distributing books pursuant to a contract 
authorized by this section unless he determines that the contractor or 
the subcontractor, as the case may be, has made arrangements with 
book publishers or distributors to obtain books at discounts at least as 
*' 
favorable as discounts that are customarily given by such publisher or 
distributor for book purchases made under similar circumstances in 
the absence of Federal assistance. 
Definitions. 
"(d) For purposes of this section— 
"(1) the term 'nonprofit', when used in connection with any 
organization, means an organization no part of the net earning 
of which inures, or may lawfully inure, to the benefit of any pri-
vate shareholder or individual; 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2209 
Appropriation 
authorization. 
"(2) the term 'Federal share' means, with respect to the cost of 
books purchased by a local private nonprofit group, organization, 
or public agency for a program in a locality for distributing such 
books to schoolchildren in that locality, 75 per centum of the cost 
of that agency or group or organization for such books for such 
program; except when such nonprofit group, organization or 
public agency has within the two years preceding its application 
for assistance, received Federal funds under a program to benefit 
migrant and seasonal farmworkers in which the Federal share 
was 100 per centum. In that case the term 'Federal share', under 
this section, shall mean 100 per centum of the cost of that agency 
or group or organization for such books that are distributed to the 
children of migrant and seasonal farmworkers; and 
" (3) the term 'pre-elementary school' means a day or residential 
school which provides pre-elementary education, as determined 
under State law, except that such term does not include education 
for children who have not attained three years of age. 
"(e) There are authorized to be appropriated to carry out the provi-
sions of this section $9,000,000 for fiscal year 1979, $10,000,000 for 
fiscal year 1980, $11,000,000 for fiscal year 1981, and $12,000,000 for 
each of the two succeeding fiscal years. Under such conditions as the 
Commissioner determines to be appropriate, not to exceed 10 per cen-
tum of the amounts appropriated for each fiscal year shall be available 
for a contract from the Commissioner to the contractor designated 
under subsection (a) of this section for technical assistance under 
subsection (b) (3) of this section to carry out the provisions of such 
section. 
"SPECIAL MATHEMATICS PROGRAM 
"SEC. 232. (a) The Commissioner is authorized to make grants to, 
and enter into contracts with, one or more private nonprofit agencies, 
institutions, or organizations, for the conduct, in cooperation with one 
or more local educational agencies, of special programs for the teach-
ing of standard mathematics to children eligible for services under 
titles I and V I of this Act through instruction in advanced mathe-
matics by qualified instructors with bachelor's degrees in mathe-
matics, or the mathematical sciences from colleges or other institutions 
of higher education, or equivalent experience. 
"(b) There are authorized to be appropriated such sums as may be 
necessary for fiscal year 1980 and for each of the three succeeding fiscal 
years, to carry out the provisions of this section. 
"PART D—GENERAL PROVISIONS 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 241. There are authorized to be appropriated such sums for the 20 USC 2921. 
fiscal year 1980 and for each succeeding fiscal year ending prior to 
October 1,1983, as may be necessary to carry out the provisions of parts 
A and B of this title. 
20 USC 2912. 
Ante, p. 2153, 
Post, p. 2252. 
Appropriation 
authorization. 
(( 
APPORTIONMENT OF APPROPRIATIONS 
"SEC. 242. (a) From the first $20,000,000 appropriated pursuant to 20 USC 2922. 
section 241 of any fiscal year the Secretary shall carry out the provi-
sion of part A of this title. 
"(b) From the amounts in excess of $20,000,000 in any fiscal year the 
Secretary shall carry out the provisions of part B of this title.". 
39-194 O—80—pt. 2 
59 : QL3 
92 STAT. 2210 
PUBLIC LAW 95-561—NOV. 1, 1978 
TITLE III—ESTABLISHMENT OF A NEW TITLE III OF 
THE ELEMENTAJRY AND SECONDARY EDUCATION ACT 
OF 1965 
SPECIAL PROJECTS 
SEC. 301. (a) Title III of the Act is amended to read as follows: 
"TITLE 
III—SPECIAL 
PROJECTS 
"PART A—GENERAL PROVISIONS 
a 
20 use 2941. 
20 use 2942. 
;iv'S ?c 
Determination. 
20 use 2943. 
Grants. 
STATEMENT OF PURPOSE 
"SEC. 301. It is the purpose of this title to authorize the Commis-
sioner to carry out special projects— 
"(1) to experiment with new educational and administrative 
methods, techniques, and practices; 
"^2^ to meet special or unique educational needs or problems; 
"(3) to place special emphasis on national education priorities; 
and 
" (4) to disseminate information to State and local educational 
agencies. 
"GRANTS AND CONTRACTS AUTHORIZED 
"SEC. 302. (a) The Commissioner is authorized, during the period 
of October 1, 1979, through September 30, 1983, to make grants to, 
and enter into contracts with, State and local educational agencies, 
other public and private agencies, organizations, and institutions, and 
individuals to carry out the purposes of this title, except that no grant 
may be made under this title to other than a public agency or nonprofit 
private organization, or institution, or to an individual under section 
303(b) of this part. 
"(b) No grant or contract may be awarded under this title to a 
State or local educational agency unless the Commissioner determines 
that in designing the proposal for which application is made, the needs 
of children in nonprofit private elementary and secondary schools 
have been taken into account through consultation with private school 
officials; and, to the maximum extent feasible, and consistent with the 
number of such children in the area to be served who have the educa-
tional needs the proposal is intended to address, those children will be 
provided an opportunity to participate in the proposed activity on a 
basis comparable to that provided for public schoolchildren. 
u 
COMMISSIONER S DISCRETIONARY PROJECTS 
"SEC. 303. (a) From the amount available for the purposes of this 
section, the Commissioner is authorized, through grants or contracts, 
to carry out innovative or experimental projects to assist in the devel-
opment or demonstration of methods, techniques, or practices which 
contribute to the solution of educational problems and which are con-
sistent with the purposes of this title. 
"(b) The Commissioner is also authorized, from the amount avail-
able for the purposes of this section, to make grants not to exceed 
$25,000, to teachers, administrators, other educational personnel, and 
parent organizations to assist in the development or demonstration of 
.t>s—0,i--€i-<»'S 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2211 
innovative methods or techniques which would contribute to the solu-
tion of educational problems. Any grant to an individual who is 
employed by a local educational agency shall be made only if the Com-
missioner determines that the agency has had an opportunity to com-
ment on the proposal and will cooperate with the grantee in carrying 
out the proposed activity. 
"(c) The Commissioner is also authorized, from the amount avail-
able for the purpose of this section, to make grants and enter into 
contracts for— 
"(1) the development of curricula, and the dissemination of 
information relating to the improvement of teaching energy 
conservation to elementary and secondary school children, and 
"(2) the training of personnel to teach energy conservation to 
such children. 
In carrying out the provisions of this subsection, the Commissioner 
shall use to the maximum extent practicable materials developed by 
the Department of Energy, the Community Services Administration, 
and the Department of Housing and Urban Development. 
"(d) (1) There are authorized to be appropriated for the purposes 
of this section such sums as may be necessary for fiscal year 1980 and 
for each of the three succeeding fiscal years. 
"(2) From the sums appropriated for any fiscal year for the pur-
poses of this title (other than sums appropriated pursuant to para-
graph (1) of this subsection), the Commissioner may reserve not more 
than 10 percent of such sums for the purposes of this section. The 
Commissioner shall not reserve from sums appropriated for any fiscal 
year for any part of this title (other than sums appropriated pursuant 
to paragraph (1) of this subsection) more than 10 percent from the 
sums so appropriated for each such part. 
"PART B—METRIC EDUCATION 
(( 
SHORT T I T L E ; DECLARATION OF PURPOSE 
"SEC. 311. (a) This part may be cited as the 'Metric Education Act 
of 1978'. 
" (b) (1) The Congress finds that— 
"(A) the metric system of measurement is in general use in 
industrially developed nations and its use is increasing; 
"(B) increased use of such metric system in the United States 
is inevitable, and such a metric system will become the dominant 
system of weights and measures in the United States; and 
"(C) a Federal program is vitally necessary if the American 
people are to adapt to the use of the metric system of weights and 
measures. 
"(2) It is the purpose of this part to encourage and support pro-
grams that prepare students to use the metric system of measurement 
with ease and facility as a part of the regular education program. 
"PROGRAM AUTHORIZED 
"SEC. 312. (a) The Commissioner shall carry out a program of 
grants and contracts to encourage educational agencies and institu-
tions to prepare students to use the metric system of measurement. 
Activities assisted under this part may include— 
"(1) the development, demonstration, improvement, or adap-
tation of programs of education in the use of the metric system; 
Determination. 
Grants and 
contracts. 
Appropriation 
authorization. 
Metric Education 
Act of 1978. 
20 u s e 2951. 
Grants and 
contracts. 
20 u s e 2952. 
92 STAT. 2212 
PUBLIC LAW 95-561—NOV. 1, 1978 
"Metric system of 
measurement." 
Financial 
assistance. 
20 use 2953. 
20 use 2954. 
Arts in Education 
Act of 1978. 
20 u s e 2961. 
"(2) training educational personnel to carry out programs in 
the use of the metric system; 
"(3) the development and dissemination of instructional mate-
rials for use in metric education programs; and 
"(4) other activities that will encourage and assist students 
to learn the use of the metric system. 
"(b) For the purposes of this part, the term 'metric system of meas-
urement' means the international system of units as established by the 
General Conference of Weights and Measures in 1960 and interpreted 
or modified for the United States by the Secretary of Commerce. 
ii APPLICATION 
"SEC. 313. Financial assistance under this part may be made only 
upon application to the Commissioner. The application shall be sub-
mitted at such time, in such form, and containing such information 
as the Commissioner may reasonably prescribe. The application shall 
be approved only if it— 
"(1) provides that the activities and services for which assist-
ance is sought will be administered by, or under the supervision 
of, the applicant; 
"(2) describes a program which holds promise of making a 
substantial contribution toward attaining the purpose of this 
part; 
"(3) sets forth such policies and procedures as will insure ade-
quate evaluation of the activities intended to be carried out under 
the application; and 
"(4) contains such other provisions as the Commissioner deter-
mines necessary in order to accomplish the purpose of this part. 
(C 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 314. There are authorized to be appropriated $20,000,000 for 
the fiscal year 1979 and for each of the four succeeding fiscal years 
to carry out the provisions of this part. 
"PART C—^ARTS IN EDUCATION 
"SHORT TITLE; STATEMENT OF FINDINGS 
"SEC. 321. (a) This part may be cited as the 'Arts in Education Act 
of 1978'. 
" (b) (1) The Congress finds that— 
"(A) the arts should be an essential and vital component of 
every student's education; 
"(B) the arts provide students with useful insights to all other 
areas of learning; and 
" (C) a Federal program is necessary to foster and maintain the 
interrelationship of arts and education. 
"(2) It is the purpose of this part to encourage and support pro-
grams that recognize and stress the essential role the arts can play in 
elementary and secondary education. 
Grants and 
contracts. 
20 u s e 2962. 
'PROGRAM AUTHORIZED 
"SEC. 322. The Commissioner shall carry out a program of grants 
and contracts to encourage and assist State and local educational agen-
cies and other public and private agencies, organizations, and institu-
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2213 
tions to establish and conduct programs in which the arts are an in-
tegral part of elementary and secondary school curricula. Activities 
carried out under this part may include arrangements with public and 
private cultural organizations, agencies, and institutions, including 
museums, libraries, and theaters, to achieve the purpose of this part. 
Furthermore, the Commissioner may carry out a program to develop 
and implement model projects and programs in the performing arts 
for children and youth, through arrangements made with the John F. 
Kennedy Center for the Performing Arts. In addition, the Commis-
sioner may carry out a program for the purpose of identifying, de-
veloping, and implementing model projects or programs in all the arts 
for handicapped persons through arrangements made with the Na-
tional Committee, Arts for the Handicapped. 
"AUTHORIZATION or APPROPRIATIONS 
"SEC. 323. There are authorized to be appropriated $20,000,000 for 20 USC 2963. 
the fiscal year 1979 and for each of the four succeeding fiscal years to 
carry out the provisions of this part. 
"PART D—PRESCHOOL PARTNERSHIP PROGRAMS 
"ESTABLISHMENT OF PROGRAM 
"SEC. 325. (a) The Commissioner is directed to establish, in coop- 20 USC 2971. 
eration with the Assistant Secretary for Human Development of the 
Department of Health, Education, and Welfare, a program of coopera-
tive pilot projects between local educational agencies and Project 
Head Start, as authorized by the Headstart-Follow Through Act, 42 USC 2921. 
which will provide a smoother and more successful transition to formal 
schooling for certain preschool-aged children, and thereby improve 
their long-term achievement in elementary school. 
"(b) Projects established under this program will be designed to 
achieve the purposes of subsection (a) by— 
"(1) providing to a limited number of children aged three to 
four, inclusive, of low-income families and to their parents, fam-
ilies, or guardians a program of educational services including 
instruction, counseling, and testing, to be conducted primarily in 
the child's home; 
"(2) providing to children and adults who have participated in 
the services described above, during the following year appropri-
ate educational services, testing, and counseling, to be primarily 
conducted on the premises of an elementary school; and 
"(3) providing a coordinated program of testing and assess-
ment, along with such other evaluation procedures as the Commis-
sioner and the Assistant Secretary shall deem appropriate, de-
signed to assess the achievement of children during their partici-
pation in the program and subsequently at the end of each of the 
first two years of formal schooling. 
"(c) Funds provided under this part may also be used to fund early 
childhood and family education programs for children below kinder-
garten age. Such programs may include— 
"(1) the identification of potential barriers to learning; 
"(2) education of parents in child development, including edu-
cation of parenthood programs for secondary school students; and 
"(3) home-based programs of early childhood and 
family 
education. 
92 STAT. 2214 
PUBLIC LAW 95-561—NOV. 1, 1978 
Consumer 
Education Act of 
1978. 
20 use 2981. 
Establishment 
and Director. 
20 use 2982. 
"(d) Not less than 10 percent of the funds made available for pur-
poses of section 303 for each fiscal year shall be made available for 
purposes of this part. 
"PART E—CONSUMER EDUCATION 
"SHORT TITLE; STATEMENT or 
FINDINGS 
"SEC. 331. (a) This part may be cited as the 'Consumer Education 
Act of 1978'. 
"(b) The Congress finds that— 
"(1) in an inflated economy, the American consumer is finding 
that the dollar is buying less and less; 
"(2) the consumer needs useful information in order to make 
wise economic choices; and 
"(3) Federal involvement is needed to encourage and support 
the development of consumer education programs throughout the 
country. 
"OFFICE OF CONSUMERS' EDUCATION 
"SEC. 332. (a) There shall be within the Office of Education an 
Office of Consumers' Education (hereafter in this section referred to as 
the 'Office') which shall be headed by a Director of Consumers' Edu-
cation (hereafter in this section referred to as the 'Director') who, 
subject to the management of the Commissioner, shall have responsi-
bility for carrying out the provisions of this section. 
"(b) The Director shall be appointed by the Commissioner in 
accordance with the provisions of title 5 of the United States Code 
relating to appointments to the competitive service. 
u 
Grants and 
contracts. 
20 use 2983. 
PROGRAM AUTHORIZED 
"SEC. 333. (a) The Commissioner shall carry out a program of mak-
ing grants to, and contracts with, institutions of higher education, 
State and local educational agencies, and other public and private 
agencies, organizations and institutions (including libraries) to sup-
port research, demonstration, and pilot projects designed to provide 
consumer education to the public except that no grant may be made 
other than to a nonprofit agency, organization, or institution. 
"(b)(1) Funds appropriated for grants and contracts under this 
part shall be available for such activities as— 
" (A) the development of curricula (including interdisciplinary 
curricula) in consumer education; 
" ( B ) dissemination of information relating to such curricula; 
"(C) in the case of grants to State and local educational agen-
cies and institutions of higher education, for the support of edu-
cation programs at the elementary and secondary and higher 
education levels; and 
"(D) preservice and in-service training programs and projects 
(including fellowship programs, institutes, workshops, symposi-
ums, and seminars) for educational personnel to prepare them to 
teach in subject matter areas associated with consumer education. 
" (2) In addition to the activities specified in the first sentence of this 
subsection, such funds may be used for projects designed to demon-
strate, test and evaluate the effectiveness of any such activities, whether 
or not assisted under this section. Activities assisted pursuant to this 
section shall provide bilingual assistance when appropriate. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2215 
a 
APPLICATION 
Financial 
assistance. 
20 use 2984. 
Regulation. 
"SEC. 334. Financial assistance under this part may be made avail-
able only upon application to the Commissioner. Each application 
shall be submitted at such time, in such form, and containing such 
information as the Commissioner shall prescribe by regulation and 
shall be approved only if it— 
"(1) provides that the activities and service for which assist-
ance is sought will be administered by, or under the supervision 
of, the applicant; 
"(2) describes a program for carrying out one or more of the 
activities described in section 333(b) which holds promise of 
making a substantial contribution toward attaining the purposes 
of this part; 
"(3) sets forth such policies and procedures as will insure ade-
quate evaluation of the activities intended to be carried out under 
the application; 
" (4) sets forth policies and procedures which assure that Fed-
eral funds made available under this part for any fiscal year will 
be so used as to supplement and, to the extent practical, increase 
the level of funds that would, in the absence of such Federal 
funds, be made available by the applicant for the purposes 
described in this part, and in no case supplant such funds; 
"(5) provides for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of and 
accounting for Federal funds paid to the applicant under this 
part; and 
"(6) provides for making an annual report and such other 
reports in such form and containing such information, as the 
Commissioner may reasonably require and for keeping such rec-
ords, and for affording such access thereto as the Commissioner 
may find necessary to assure the correctness and verification of 
such reports. 
"REPORTS AND EVALUATIONS 
"SEC. 335. Each recipient of Federal funds under this part shall 20 USC 2985. 
make such reports and evaluations as the Commissioner shall prescribe 
by regulation. 
"RESERVATION OF FUNDS 
"SEC. 336. From funds available for purposes of section 303, not less 20 USC 2986. 
than $5,000,000 shall be made available for each fiscal year to carry 
out this part. 
"PART F — Y O U T H EMPLOYMENT 
a 
PROGRAM AUTHORIZED 
"SEC. 341. (a) The Commissioner shall carry out a youth employ-
ment program, the purpose of which shall be to prepare children to 
take their place as working members of society. 
"(b) The program carried out under this part shall support activi-
ties designed to— 
" J l ) study the relationship of work to academic and intellectual 
achievement; 
"(2) develop ways to improve achievement in basic educational 
skills through work experience; 
20 USC 2991. 
92 STAT. 2216 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(3) enhance job opportunities for youths by coordinating edu-
cational activities with youth employment activities, particularly 
those carried out by the Secretary of Labor under the Compre-
Ante, p. 1909. 
hensi 
ve Employment and Training Act; 
"(4) encourage educational agencies and institutions to develop 
means to award academic credit for competencies derived from 
work experience; and 
"(5) provide technical assistance, information, training, and 
other assistance to eligible entities to develop programs to enable 
students more readily to make the transition from school to work. 
(( 
20 use 2992. 
Law-Related 
Education Act of 
1978. 
20 u s e 3001. 
Grants and 
contracts. 
20 u s e 3002. 
"Law-related 
education." 
Financial 
assistance 
application, 
regulation. 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 342. There is authorized to be appropriated $7,500,000 for the 
fiscal year 1979 and for each of the four succeeding fiscal years to carry 
out the provisions of this part. 
"PART G—LAW-RELATED EDUCATION 
"SHORT TITLE; DECLARATION OF FINDINGS 
"SEC. 346. (a) This part may be cited as the 'Law-Related Education 
Act of 1978'. 
" (b) The Congress finds and declares that— 
"(1) there is a widespread lack of understanding of how our 
system of law and legal institutions works; 
"(2) such an understanding is an essential component in devel-
oping faith and appreciation in our democratic system of govern-
ment and in preparing our youth to be knowledgeable, responsible 
citizens; and 
"(3) there is an urgent need for Federal involvement designed 
to encourage and support the development of law-related educa-
tion programs. 
"PROGRAM AUTHORIZED 
"SEC. 347. (a) The Commissioner shall carry out a program of 
grants and contracts to encourage State and local educational agencies 
and other public and private nonprofit agencies, organizations, and 
institutions to provide law-related education programs. 
"(b) For the purposes of this part, the term 'law-related education' 
means education to equip nonlawyers with knowledge and skills per-
taining to the law, the legal process and the legal system, and the fun-
damental principles and values on which these are based. 
"(c) Financial assistance under this part may be made available 
only upon application to the Commissioner. The application shall be 
submitted at such time, in such form, and containing such information 
as the Commissioner shall prescribe by regulation. 
"(d) Funds appropriated for grants and contracts under this part 
shall be available for activities such as— 
"(1) awareness activities, to provide educators, law-related per-
sonnel, and the public with an understanding of what law-related 
education is; 
"(2) support for new and ongoing programs in elementary and 
secondary schools, adult education, community organizations, and 
institutions of higher education, to provide law-related education, 
to develop materials and methods, to conduct pilot and demonstra-
tion projects, and to disseminate the products of these activities; 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2217 
"(3) clearinghouse and technical assistance, to collect and 
provide information and assistance on existing experience and 
resources to institutions, groups, agencies, organizations, and 
individuals to aid in establishing, improving, and expanding 
law-related education activities; 
"(4) training for educators and law-related personnel in the 
substance and practice of law-related education, including pre-
service and in-service seminars, workshops, institutes, and courses; 
"(5) research and evaluation, to study and improve the effec-
tiveness of materials and methods in law-related education; 
"(6) involvement of law-related organizations, agencies and 
personnel, such as lawyers, law schools, law students, and law 
enforcement personnel, in the provision of law-related education 
activities; and 
"(7) youth internships for outside-the-classroom experience 
with the law and the legal system. 
'AUTHORIZATION OF APPROPRIATIONS 
"SEC. 348. There is authorized to be appropriated $15,000,000 for the 20 USC 3003. 
fiscal year 1979 and for each of the four succeeding fiscal years to carry 
out the provisions of this part. 
"PART H—ENVIRONMENTAL EDUCATION 
'SHORT TITLE; DECLARATION OF FINDINGS; PURPOSE 
Environmental 
Education Act of 
1978. 
"SEC. 351. (a) This part may be cited as the 'Environmental Edu- 20 USC 3011. 
cation Act of 1978'. 
"(b) The Congress finds and declares that— 
" (1) the deterioration of the quality of the Nation's environment 
and of its ecological balance poses a serious threat to the strength 
and vitality of the people of the Nation; 
" (2) that this deterioration is in part due to poor understanding 
of the Nation's environment and of the need for ecological balance; 
"(3) that existing resources are not adequate for educating and 
informing citizens about environmental matters; and 
"(4) that the Federal Government should encourage and sup-
port efforts to educate citizens about environmental quality and 
ecological balance. 
"(c) It is the purpose of this part to encourage and support the 
development of new and improved curricula to encourage understand-
ing of policies, and support of activities designed to enhance envi-
ronmental quality and maintain ecological balance while giving due 
consideration to the economic considerations related thereto; to demon-
strate the use of such curricula in model educational programs and to 
evaluate the effectiveness thereof, to provide support for the initiation 
and maintenance of programs in environmental education at the ele-
mentary and secondary levels; to disseminate curricular materials and 
other information for use in educational programs throughout the 
Nation; to provide training programs for teachers, other educational 
personnel, public service personnel, and community, labor, and indus-
trial and business leaders and employees, and government employees 
at State, Federal, and local levels; to provide for the planning of out-
door ecological study centers; to provide for community education 
programs on preserving and enhancing environmental quality and 
maintaining ecological balance; and to provide for the preparation 
92 STAT. 2218 
PUBLIC LAW 95-561—NOV. 1, 1978 
Establishment 
and functions. 
20 use 3012. 
Director. 
5 use 5332 
note. 
Environmental 
education. 
20 use 3013. 
Grants and 
contracts. 
and distribution of materials by mass media in dealing with the envi-
ronment and ecology. 
^j.;; : '. 
"OFFICE OF ENVIRONMENTAL EDUCATION 
"SEC. 352. There is established within the Office of Education an 
Office of Environmental Education (referred to in this section as the 
'Office') which, under the supervision of the Commissioner, by regu-
lation, shall be responsible for (1) the administration of the program 
authorized by section 353 and (2) the coordination of activities of the 
Office of Education which are related to environmental education. The 
Office shall be headed by a Director who shall be compensated at a rate 
not to exceed that prescribed for grade GS-17 in section 5332 of title 
5, United States Code. 
"PROGRAM AUTHORIZED 
"SEC. 353. (a) For the purposes of this part, the term 'environmental 
education' means the educational process dealing with man's relation-
ship with the Earth and his effect on the Earth and his relationship 
with his natural and man-made surroundings, and includes the rela-
tions of energy, population, pollution, resource allocation and deple-
tion, conservation, transportation, technology, economic impact, and 
urban and rural planning to the total human environment. 
"(b) (1) The Commissioner shall carry out a program of making 
grants to, and contracts with, institutions of higher education. State 
and local educational agencies, regional educational research organi-
zations, and other public and private agencies, organizations, and 
institutions (including libraries and museums) to support research, 
demonstration, and pilot projects designed to educate the public on 
the problems of environmental quality and ecological balance, except 
that no grant may be made other than to a nonprofit agency, organiza-
tion, or institution. 
"(2) Funds appropriated for grants and contracts under this part 
shall be available for such activities as— 
"(A) the development of curricula (including interdisciplinary 
curricula) in the preservation and enhancement of environmental 
quality and ecological balance; 
"(B) dissemination of information relating to such curricula 
and to environmental education, generally; 
"(C) in the case of grants to State and local educational agen-
cies, or groups of such agencies, for the suport of environmental 
education programs at the elementary and secondary education 
levels; 
"(D) preservice and in-service training programs and projects 
(including fellowship programs, institutes, workshops, sym-
posia, and seminars) for educational personnel to prepare them 
to teach in subject matter areas associated with environmental 
quality and ecology or to develop interdisciplinary strategies 
and programs of environmental quality and ecology and for pub-
lic service jjersonnel, Government employees and business, labor, 
and industrial leaders and employees; 
"(E) planninj^ of outdoor ecological study centers; 
"(F) communitj^ education programs on environmental qual-
ity, including special programs for adults; 
"(G) preparation and distribution of materials suitable for use 
by the mass media in dealing with the environment and ecology; 
and 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2219 
"(H) establishing prize contests in the elementary and sec-
ondary schools in the area of energy, the emphasis to be placed 
upon stimulating new thinking about ways to better understand 
and solve the energy crisis. 
In addition to the activities specified in the first sentence of this para-
graph, such funds may be used for projects designed to demonstrate, 
test, and evaluate the effectiveness of any such activities, whether or 
not assisted under this section. 
'APPLICATION 
Financial 
assistance. 
20 use 3014. 
Regulation. 
"SEC. 354. (a) Financial assistance under this part may be made 
available only upon application to the Commissioner. The application 
shall be submitted at such time, in such form, and containing such 
information as the Commissioner shall prescribe by regulation and 
shall be approved only if it— 
"(1) provides that the activities and services for which assist-
ance is sought will be administered by, or under the supervision 
of, the applicant; 
"(2) describes a program for carrying out one or more of the 
activities described in section 353(b) (2) which holds promise of 
making a substantial contribution toward attaining the purposes 
'' ' • ' 
of this part; 
"(3) sets forth such policies and procedures as will insure ade-
quate evaluation of the activities intended to be carried out under 
the application; 
" (4) sets forth policies and procedures which assure that Fed-
eral funds made available under this part for any fiscal year will 
be so used as to supplement and, to the extent practical, increase 
the level of funds that would, in the absence of such Federal 
funds, be made available by the applicant for the purposes 
described in this part, and in no case supplant such funds; 
"(5) provides for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of and 
? 
accounting for Federal funds paid to the applicant under this 
part; and 
"(6) provides for making an annual report and such other 
reports, in such form and containing such information, as the 
Commissioner may reasonably require and for keeping such rec-
ords, and for affording such access thereto as the Commissioner 
may find necessary to assure the correctness and verification of 
such reports. 
"(b) Applications from local educational agencies for financial Notification. 
assistance under this part may be approved by the Commissioner only 
if the State educational agency has been notified of the application 
and been given the opportunity to offer recommendations. 
"(c) Amendments of applications shall, except as the Commissioner 
may otherwise provide by or pursuant to regulation, be subject to 
approval in the same manner as original applications. 
"(d) Federal assistance to any program or project under this sec- Federal share, 
tion, other than those involving curriculum development, dissemina-
tion of curricular materials, and evaluation, shall not exceed 80 per 
centum of the cost of such program for the first fiscal year of its opera-
tion, including costs of administration, unless the Commissioner 
determines, pursuant to regulations adopted and promulgated by the 
Commissioner establishing objective criteria for such determinations, 
that assistance in excess of such percentages is required in furtherance 
92 STAT. 2220 
PUBLIC LAW 95-561—NOV. 1, 1978 
of the purposes of this section. The Federal share for the second year 
shall not exceed 60 per centum, and for the third year and each suc-
ceeding fiscal year 40 per centum. Non-Federal contributions may be 
in cash or kind, fairly evaluated, including but not limited to plant, 
equipment, and services. 
20 use 3015. 
20 use 3016. 
Evidence and 
report 
requirements. 
20 use 3017. 
Project list and 
description, 
publication and 
distribution. 
"TECHNICAL ASSISTANCE 
"SEC. 355. The Commissioner in cooperation with the heads of other 
agencies with relevant jurisdiction, shall insofar as practicable upon 
request, render technical assistance to local educational agencies, public 
and private nonprofit organizations, institutions of higher education, 
agencies of local. State, and Federal governments and other agencies 
deemed by the Commissioner to play a role in preserving and enhanc-
ing environmental quality and maintaining ecological balance. The 
technical assistance shall be designed to enable the recipient agency 
to carry on education programs which are related to environmental 
quality and ecological balance. 
"SPECIAL GRANTS 
"SEC. 356. (a) In addition to the grants authorized under section 353, 
the Commissioner, from the sums appropriated, shall have the author-
ity to make grants, in sums not to exceed $10,000 annually, to non-
profit organizations such as citizens' groups, volunteer organizations 
working in the environmental field, and other public and private non-
profit agencies, institutions, or organizations for conducting courses, 
workshops, seminars, symposia, institutes, and conferences, especially 
for adults and community groups (other than the group funded). 
"(b) Priority shall be given to proposals demonstrating innovative 
approaches to environmental education. 
"(c) For the purposes of this section, the Commissioner shall require 
evidence that the interested organization or group shall have been in 
existence one year prior to the submission of a proposal for Federal 
funds and that it shall submit an annual report on Federal funds 
expended. 
"(d) Proposals submitted by organizations and groups under this 
section shall be limited to the essential information required to eval-
uate them, unless the organization or group shall volunteer additional 
information. 
"ADMINISTRATION 
"SEC. 357. In administering the provisions of this part, the Com-
missioner is authorized to utilize the services and facilities of any 
agency of the Federal Government and of any other public or private 
agency or institution in accordance with appropriate agreements, and 
to pay for such services either in advance or by way of reimbursement, 
as may be agreed upon. The Commissioner shall publish annually a 
list and description of projects supported under this part and shall 
distribute such list and description to interested educational institu-
tions, citizens' groups, conservation organizations, and other organi-
zations and individuals involved in enhancing environmental quality 
and maintaining ecological balance. 
,,>t. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2221 
« 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 358. (a) There is authorized to be appropriated $5,000,000 for 
the fiscal year 1979, $7,000,000 for the fiscal year 1980, $9,000,000 for 
the fiscal year 1981, $11,000,000 for the fiscal year 1982, and $13,000,000 
for the fiscal year 1983 to carry out the provisions of this part. Funds 
appropriated under this part shall remain available to the Commis-
sioner for the duration of this part in order to permit multiple-year 
funding of projects under this part. 
"(b) For each fiscal year, not to exceed $500,000 of the sums appro-
priat ed under this part shall be available for the purpose of carrying 
out section 353(b) (2) (H). 
"PART I—HEALTH EDUCATION 
"SHORT TITLE; DECLARATION OF PURPOSE 
"SEC. 361. (a) This part may be cited as the 'Health Education Act 
of 1978'. 
"(b)(1) The Congress finds and declares that— 
"(A) there is an increased concern for physical health and 
wellbeing; 
"(B) an understanding of the principles of good health can 
play a vital role in preventing illness and diseases; 
"(C) a Federal program is needed to assist State and local 
educational agencies in developing health education programs. 
"(2) It is the purpose of this part to encourage and support pro-
grams that prepare students to maintain their physical health and 
wellbeing, and to prevent illnesses and diseases, as a part of the regular 
education program. 
20 use 3018. 
- • • > * ' J 
Health Education 
Act of 1978. 
20 use 3021. 
(( 
PROGRAM AUTHORIZED 
"SEC. 362. (a) The Commissioner is authorized to make grants to 
State and local educational agencies to establish and support programs 
in health education. 
"(b) Prior to establishing final regulations for making grants under 
this part, the Commissioner shall consult with the Assistant Secretary 
of Health, Education, and Welfare for Health and the Surgeon Gen-
eral to assure coordination and nonduplication of effort. 
Grants. 
20 use 3022. 
Regulations, 
consultation. 
u 
APPLICATION 
"SEC. 363. Financial assistance under this part may be made only 
upon application to the Commissioner. Each such application shall 
contain assurances that any funds received under this part will be 
used in a coordinated and cooperative manner with any other health 
education related program that the applicant may be undertaking, 
and shall not duplicate such other programs. 
Financial 
assistance. 
20 use 3023. 
(( 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 364. There are authorized to be appropriated $10,000,000 for 
the fiscal year 1979 and for each of the four succeeding fiscal years 
to carry out the provisions of this part. 
20 use 3024. 
92 STAT. 2222 
PUBLIC LAW 95-561—NOV. 1, 1978 
Correction 
Education 
Demonstration 
Project Act of 
1978. 
20 u s e 3031. 
Grants. 
20 u s e 3032. 
"PART J—CORRECTION EDUCATION 
(( 
Financial 
assistance, 
application. 
Advisory 
committees, 
appointment. 
Consultation. 
20 use 3033. 
20 use 3034. 
SHORT TITLE 
"SEC. 371. This Act may be cited as the 'Correction Education Dem-
onstration Project Act of 1078'. 
"PROGRAM AUTHORIZED 
"SEC. 372. (a) The Commissioner is authorized to make grants to 
State and local educational agencies, institutions of higher education, 
and other public and private nonprofit agencies, organizations, and 
institutions for demonstration projects relating to the academic and 
vocational education of antisocial, aggressive, or delinquent persons, 
including juvenile delinquents, youth offenders, and adult criminal 
offenders. All projects shall include an evaluation component. 
"(b) Financial assistance under this part may be made available 
only upon application to the Commissioner. The application shall be 
submitted at such time, in such form, and containing such information 
as the Commissioner may reasonably prescribe. 
"TECHNICAL ASSISTANCE 
"SEC. 373. The Commissioner is authorized to appoint such special 
or technical advisory committees as he may deem necessary to advise 
him on matters of general policy relating to the education of persons 
intended to be benefitted by this section, and shall secure the advice 
and recommendations of the Director, Bureau of Prisons; Adminis-
trator, Office of Juvenile Justice and Delinquency Prevention; Direc-
tor of the Teacher Corps; the Director of the National Institute of Law 
Enforcement and Criminal Justice; the Administrator of the Law 
Enforcement Assistance Administration, and such other persons and 
organizations as he, in his discretion, deems necessary before making 
any grant under this section. 
"AUTHORIZATION OF APPROPRIATIONS 
SEC. 374. There is authorized to be appropriated $5,000,000 for 
fiscal year 1979 and for each of the four succeeding fiscal years to carry 
out the provisions of this part. 
' 
• - - 
* ' 
"PART K—DISSEHONATION OF INFORMATION 
"DieSEMINATION OF INFORMATION 
20 use 3041. 
"SEC. 376. The Commissioner shall allocate at least 5 percent of the 
funds available for purposes of section 303 to collect, analyze, and dis-
seminate information derived from activities carried out under this 
Post, p. 2237. 
title and under part C of title IV, including information as to which 
of those activities have been successful in improving the achievement 
of students in the basic skills. 
.Jf'JiiK'i 'W-.s 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2223 
V 
"PART L—BIOMEDICAL SCIENCES 
"FINDINGS AND PURPOSE 
"SEC. 381. It is the purpose of this part to— 
20 USC 3051. 
"(1) introduce secondary students from an economically dis-
advantaged background to the challenges, opportunities, and needs 
of serving in communities which have a need for professionals 
trained in the biomedical sciences and which have an underrepre-
sentation of individuals from such a disadvantaged background 
serving as medical professionals; 
"(2) motivate and educate these students to successfully pursue 
careers in the biomedical sciences; 
"(3) develop academic, cognitive, and communicative skills in 
these students; 
" (4) rectify disadvantages resulting from foreign language bar-
riers; and 
"(5) instill awareness and concern in these students for the 
health of their families and communities; 
by offering these students an intensive academic program in mathe-
matics, the sciences, and English, study skill development, experiences 
in laboratory and health care delivery settings, and frequent exposure 
to individuals trained, or receiving training, m the biomedical sciences. 
II DEFINITIONS 
"SEC. 382. For the purposes of this part— 
20 USC 3052. 
" (1) The term 'applicant' means an institution which has made 
application under section 385 for assistance under this part. 
"(2) The term 'biomedical science' means a field relevant to the 
study of human biology, and includes chemistry, biology, medicine, 
dentistry, osteopathy, optometry, podiatry, pharmacy, and public 
health. 
" (3) The term 'full participant' means with respect to a project 
conducted in an academic year, a student who has participated 
satisfactorily in the project for not less than one hundred hours in 
the academic year. 
^_;. 
. - . 
" (4^ The term 'project' means a project funded under this part. 
" (5) The term 'public secondary school system' means secondary 
schools operated by a local educational agency or a secondary 
school operated predominantly for Indian children and operated 
by, or receiving financial assistance from, the Department of the 
Interior. 
"(6) The term 'school of biomedical science' means an institu-
tion of higher education which provides training leading to a doc-
torate or master's degree in a biomedical science. 
"(7) The term 'student from an economically disadvanta^d 
background' means an individual from a family which had, during 
the preceding year, an income equal to 50 per centum or less of the 
national median income for families of comparable size and (A) 
who is enrolled in good standing in the ninth, tenth, eleventh, or 
twelfth grade of a secondary school and (B) whose access to higher 
educational opportunity in the biomedical sciences is significantly 
limited due to the income of the individual's family. 
"(8) The term 'talented student from an economically disad-
vantaged background' means a student from an economically 
92 STAT. 2224 
PUBLIC LAW 95-561—NOV. 1, 1978 
•oOllciftu 
disadvantaged background who has demonstrated such proficiency 
or potential as will enable the student, after satisfactory partici-
pation in a project, to undertake successfully a course of study in 
a biomedical science at an institution of higher education. Such 
proficiency or potential shall be determined in a manner such that 
(A) a student from a non-English speaking background is not 
penalized for the student's lack of proficiency in English, and (B) 
due notice is taken of difficulties inherent in traditional testing 
methods. 
"(9) The term 'target student' means, with respect to a project 
offered in an academic year in cooperation with a secondary school 
system or systems, a talented student from an economically dis-
advantaged background who is enrolled in the school system or 
systems in the academic year— 
" (A) in the ninth or tenth grade, or 
"(B) in the eleventh or twelfth grade and who has partic-
ipated satisfactorily in a project (or in a program comparable 
to a project) for not less than one hundred hours during the 
student's enrollment in the ninth or tenth grade in a school 
system. 
u 
Grants and 
contracts. 
20 use 3053. 
Applications, 
selection. 
42 use 254e. 
PROJECTS FOR ECONOMICALLY DISADVANTAGED STUDENTS 
"SEC. 383. (a) To the extent provided in appropriation Acts, the 
Commissioner is authorized to make grants to and enter into contracts 
with institutions of higher education for the purpose of offering 
projects to educate, motivate, and encourage students from an eco-
nomically disadvantaged background to pursue training at the under-
graduate and graduate levels in the biomedical sciences. 
"(b) The Commissioner, in his selection among applications meet-
ing the requirements for approval under section 385, shall (1) give 
priority to each such qualified application that proposes the offering of 
a program not previously offered, (2) give special consideration to 
each such qualified application that proposes the offering of a project 
to students enrolled in secondary schools located in a health manpower 
shortage area (designated under section 332 of the Public Health Serv-
ice Act) or in a rural area, and (3) take into account the location where 
the project is proposed to be offered to assure that projects are offered 
in a diversity of geographic settings. 
"(c) The amount of money to be provided, under any grant or con-
tract entered into for a project, for all its expenses (other than special 
expenses approved by the Commissioner for its summer program of-
fered pursuant to section 384(a) (10)) for a single fiscal year may not 
exceed an amount equal to $2,400 for each talented student from an 
economically disadvantaged background who was a full participant in 
the project in the academic year ending in that fiscal year. 
u. 
PROJECT ACTIVITIES 
20 use 3054. 
" S E C 384. (a) Each project funded under this part shall— 
" (1) except as provided in subsection (b), extend over a multi-
year grant or contract period of at least five academic years; 
" (2) (A) be carried out in cooperation with a public or private 
nonprofit secondary school system, or with a combination of such 
systems, which is located in the area in which the applicant is 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2225 
located and which has a relatively high proportion, as determined 
by the Commissioner, of students from an economically disadvan-
taged background enrolled in the secondary schools in such sys-
tem, and (B) involve in a formal role in policymaking decisions in 
the project an individual who is employed at an administrative 
level, no lower than principal or dean, in a secondary school with 
target students who are participating in the project; 
"(3) be conducted, to the extent feasible, in a manner which 
does not conflict with a student's participation in extracurricular 
activities of the school in which he is enrolled; 
"(4) provide that not less than one hundred talented students 
from an economically disadvantaged background, who are 
enrolled in the ninth grade in such public or private nonprofit 
school system or systems in each academic year in which the 
project is offered, are full participants in the project in such 
academic year; 
" (5) provide for validation of the participation of a target stu-
dent in such project by a science teacher or the parent or guardian 
of such student; 
" (6) make arrangements to use in such project— 
"(A) the research and other facilities and personnel of 
schools of biomedical science located in the area in which such 
project is offered; 
"(B) the special knowledge of individuals from economi-
cally disadvantaged backgrounds who live in the area in which 
such project is offered and who are employed in the biomedi-
cal sciences; 
"(C) the expertise of teachers in secondary schools and 
institutions of higher education located in the area in which 
such project is offered; and 
"(D) the talents and experience of other groups located in 
the area in which such project is offered, such as parent-
teacher associations, foundations, civic groups, and profes-
sional organizations, which would further the goals of such 
project; 
"(7) expose target students to professionals trained in the bio-
medical sciences and to the resources of the biomedical sciences, 
including those described in paragraph (6), and such other aca-
demic and health-related experiences as are designed to— 
"(A) inform and educate such students to the challenges, 
opportunities, and needs of serving in the biomedical science 
professions; 
"(B) educate and motivate such students to pursue success-
ful careers in the biomedical sciences; 
"(C) cultivate the development of academic, cognitive, and 
communication skills in such students; and 
"(D) instill awareness, concern, and information in such 
students for the health of their families and communities: 
, 
}; 
"(8) (A) provide counseling to target students who are partici-
pating, and to individuals who were such students and who were 
full participants in an academic year, in the project on the range 
of opportunities available in the biomedical sciences upon com-
pletion of high school, college, and professional training, and on 
the financial and other prerequisites to pursue such opportunities, 
and (B) inform parents of participating students of the goals and 
39-194 O—80—pt. 2 
60 : QL3 
92 STAT. 2226 
PUBLIC LAW 95-561—NOV. 1, 1978 
structure of the project and provide opportunities for the involve-
ment of these parents in the project; 
"(9) provide for the offering for target students, by a school of 
biomedical science during each academic year of such project, of a 
course or courses which— 
"(A) are in one or more of the biomedical sciences, 
"(B) encompass at least one hundred hours of classroom, 
( • ' 
1 aboratory, and field work experience, and 
"(C) use the facilities of such school, including labora-
tories, libraries, classrooms, audiovisual equipment, confer-
ence and meeting rooms, and other necessary facilities; 
"(10) provide for the offering— 
"(A) in the summer following each academic year of the 
project, and 
; 
"(I^) for each individual who w^as a target student and a 
full participant in the project in the previous academic year, 
of a summer program of at least six weeks' duration and involving 
n 
such academic study and other activities as promote the purposes 
of this part; and 
"(11) provide for the following (through qualitative assess-
t, 
ments by a student's teachers and professors and through docu-
•
1 
mentation of a student's cumulative grade point average in high 
school, scholastic aptitude test scores, acceptances to (Colleges and 
universities, and grade point average and major pursued during 
N 
attendance at a college or university) of each individual who was 
a target student and a full participant in the project in an aca-
demic year in which the project is offered, to evaluate the impact 
of the project on the careers pursued by former participants in the 
project. 
" (b) The Commissioner may not provide funds under this part to 
an institution for a project (other than for the part of the project 
described in subsection (a) (11)) during an academic year (hereinafter 
in this subsection referred to as the 'project year') occurring after the 
second academic year of the project unless— 
"(1) the number of target students who were enrolled in the 
tenth grade and were full participants in the project in the aca-
demic year preceding the project year is not less than 50 per 
centum of the number of target students who were enrolled in 
the ninth grade and were full participants in the project in the 
second academic year preceding the project year; and 
1 
"(2) not less than 50 per centum of the particular target stu-
dents who were enrolled in the tenth or eleventh grade and were 
full participants in the project in the second academic year pre-
ceding the project year also were full participants in the project 
I: 
during the academic year preceding the project year. 
,f 
"APPLICATIONS 
20 use 3055. 
"SEC. 385. (a) Any institution desiring assistance under this part 
shall make application therefor in accordance with the provisions of 
this part and other applicable law and with regulations of the Com-
missioner promulgated for the purposes of this part. The Commis-
sioner shall approve an application under this part only if he 
determines that the project for which the application seeks assistance— 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2227 
"(1) will be operated by the applicant and that the applicant 
will carry out such project in accordance with this part; and 
"(2) will provide for the activities described in section 384(]a). 
"(b) In approving an application for assistance under this title, 
the Commissioner shall insure that there is cooperation and coordi-
nation of efforts among the projects, including the exchange of mate-
rials and information among such projects. 
u 
USE OF rUNDS 
"SEC. 386. (a) Funds appropriated to carry out projects under this 
part may be used to cover all or part of the cost of establishing and 
carrying out projects, including the cost of stipends, allowances, travel, 
and subsistence expenses (in such amounts as may be determined in 
accordance with regulations of the Commissioner) to target students 
during their participation in a summer program offered pursuant to 
section 384(a) (10). 
" (b) Each target student who is participating on an essentially^ full-
time basis in a project during the academic year may be paid a stipend 
in an amount not in excess of $30 per month, except in exceptional 
cases as determined by the Commissioner. 
20 use 3056. 
u APPROPRIATIONS AUTHORIZED 
"SEC. 387. (a) For the purpose of carrying out projects under this 20 USC 3057. 
part, there are authorized to be appropriated $40,000,000 for the fiscal 
year 1979 dud each of the four succeeding fiscal years. 
"(b) From the funds appropriated pursuant to subsection (a), 
an amount not to exceed 5 per centum thereof shall be used for the 
purpose of conducting evaluations of the projects authorized under 
this part. 
"(c) Sums appropriated pursuant to this section shall remain avail-
able for expenditure and obligation on or before September 30, 1983. 
"PART M—POPULATION EDUCATION 
Population 
Education Act. 
'SHORT TITLE 
"SEC. 391. This part may be cited as the 'Population Education Act'. 20 USC 3061. 
^ 
a 
PROGRAM AUTHORIZED 
"SEC. 392. (a) The Commissioner, in consultation with the Deputy 20 USC 3062. 
Assistant Secretary for Population Affairs, established by section 3 
of the Family Planning Services and Population Research Act of 
1970, is authorized, from the sums available for purposes of this 42 USC 3505a. 
part, to carry out a program of making grants to, and contracts with, 
institutions of higher education. State and local educational agencies, 
research organizations, and other public and private agencies, orga-
nizations, and institutions to implement a program of population 
education in elementary and secondary schools. 
"(b) Funds available for grants and contracts under subsection (a) 
shall be available for such activities as— 
"(1) preservice and inservice training programs and projects 
(including fellowship programs, institutes, workshops, symposi-
ums, and seminars) for educational personnel to prepare them 
92 STAT. 2228 
PUBLIC LAW 95-561—NOV. 1, 1978 
Clearinghouse on 
population 
education, 
establishment. 
42 use 300. 
Ante, p. 2210. 
20 use 1865 
note. 
20 use 1861. 
20 use 1862. 
20 use 1863. 
20 use 1864. 
20 use 1865. 
20 use 887d. 
20 use 1866. 
20 use 1867. 
Repeal. 
20 use 1851-
1853. 
20 use 1865. 
:f 
to incorporate population concepts into a broad array of subject 
fields such as geography, history, science, biology, social studies, 
and home economics; 
"(2) development and dissemination of teacher and student 
educational, training, and instructional materials, including the 
identification, evaluation, improvement, and adaptation of exist-
ing curricula and educational materials; 
"(3) research support to develop curriculum content and to 
evaluate programs and materials for the purpose of widespread 
dissemination; 
"(4) in the case of grants to State and local educational agen-
cies, the support of population education programs at the elemen-
tary and secondary educational levels; and 
" (5) projects which demonstrate, test, and evaluate the effective-
ness of the activities (described in clauses (1) through (4) of this 
subsection) whether or not assisted under this section. 
Programs assisted under clauses (2) and (3) shall be carried out in 
cooperation with State and local educational agencies. 
"(c) Applications for grants and contracts under this section shall 
be submitted at such time, in such form, and contain such information 
as the Commissioner shall prescribe. 
"(d) The National Institute of Education shall establish or desig-
nate, with funds available under this part, a clearinghouse on popula-
tion education for the purpose of evaluating, cataloging, and 
disseminating teacher and student materials on population. Such 
activities shall be carried out in coordination with related activities 
carried out under title X of the Public Health Service Act. For the 
purposes of carrying out this subsection, the Commissioner is author-
ized to transfer from sums available for this part to the National 
Institute of Education sums not to exceed $500,000. 
"(e) Not less than 10 percent of the funds available for purposes of 
section 303 shall be made available in each fiscal year for activities 
under subsection (b) of this section.", 
(b) (1) Effective September 30,1979— 
(A) section 402(b) of the Education Amendments of 1974, 
(B) section 403 of the Education Amendments of 1974, 
(C) section 404 of the Education Amendments of 1974, 
(D) section 405 of the Education Amendments of 1974, 
(E) sections 406 (a), (b), (d), (e), (f), and (h) of the Edu-
cation Amendments of 1974, 
(F) section 811 of the Elementary and Secondary Education 
Act of 1965, 
(G) section 408 of the Education Amendments of 1974, and 
(H) section 409 of the Education Amendments of 1974 
are repealed. 
(2) Effective September 30, 1979, the Special Projects Act is 
repealed. 
(3) Effective September 30, 1978, section 406(c) (1) is amended by 
striking out "this section" the first time it appears and inserting in lieu 
thereof "the Career Education Incentive Act". 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2229 
TITLE IV—AMENDMENT TO TITLE IV OF THE ELEMEN-
TARY AND SECONDARY EDUCATION ACT OF 1965 
LIBRARIES, LEARNING RESOURCES, EDUCATIONAL INNOVATION AND SUPPORT 
SEC. 401. Title IV of the Act is amended to read as follows: 
"TITLE IV—EDUCATIONAL IMPROVEMENT, RESOURCES, 
AND SUPPORT 
"PART A—GENERAL PROVISIONS 
"PURPOSE 
"SEC. 401. It is the purpose of this title to provide financial assist- 20 U
S
C 3081. 
ance to State and local educational agencies— 
"(1) to strengthen the quality of elementary and secondary 
education through support of locally initiated projects and activ-
ities designed to improve educational practices; 
"(2) to assist local educational agencies in the acquisition of 
necessary books, materials, library resources, and instructional 
equipment; and 
"(3) to strengthen and expand programs of counseling and 
guidance services and testing of students in elementary and sec-
ondary schools. 
u 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 402. (a) (1) Subject to the provisions of paragraph (2), there Grants, 
is authorized to be appropriated such sums as may be necessary for ^^ ^^^ 3082. 
obligation by the Commissioner during fiscal year 1980 and for each 
succeeding fiscal year ending prior to October 1,1983, for the purpose 
of making grants under part B, relating to instructional materials and 
school library resources. 
"(2) No funds are authorized to be appropriated under this subsec-
tion for obligation by the Commissioner during any fiscal year unless— 
"(A)(i) the aggregate amount which would be appropriated 
under this subsection is at least equal to the aggregate amount 
appropriated for obligation by the Commissioner during the pre-
ceding fiscal year in which part B was in effect, or 
" (ii) in the case of appropriations under this subsection for the 
first fiscal year in which part B is effective, such amount is at least 
equal to the aggregate amount appropriated for obligation by the 
Commissioner for the fiscal year 1974, or for the preceding fiscal 
year, whichever is higher, under title II of this Act, and under Ante, p. 2201. 
title III (except for section 305) of the National Defense Educa-
tion Act of 1958, and 
20 USC 441. 
"(B) the sums appropriated pursuant to this subsection are 
included in an Act making appropriations for the fiscal year prior 
to the fiscal year in which such sums will be obligated, and are 
made available for expenditure prior to the beginning of such 
fiscal year. 
"(3) Whenever the requirements of paragraph (2) are not met, the 
Commissioner shall carry out programs under title II of this Act and 
under title III (except for section 305) of the National Defense Edu-
92 STAT. 2230 
PUBLIC LAW 95-561—NOV. 1, 1978 
cation Act of 1958 as in effect for the fiscal year 1978 (prior to the 
repeal or expiration thereof). In any fiscal year in which the provi-
sions of the preceding sentence are in effect, sums equal to the sums 
authorized to be appropriated for such programs for fiscal year 1978 
are authorized to be appropriated for such fiscal year. 
"(b) (1) Subject to the provisions of paragraph (2) there is author-
ized to be appropriated such sums as may be necessary for obligation 
by the Commissioner during the fiscal year 1980 and for each succeed-
ing fiscal year ending prior to October 1,1983, for the purpose of mak-
ing grants under part C, relating to improvements in local educational 
practices. 
"(2) No funds are authorized to be appropriated under this subsec-
tion for obligation by the Commissioner during any fiscal year unless— 
"(A)(i) the aggregate amount which would be appropriated 
^» • ' 
under this subsection is at least equal to the aggregate amount 
appropriated for obligation by the Commissioner during the pre-
ceding fiscal year in which part C was in effect, or 
" (ii) in the case of appropriations under this subsection for the 
first fiscal year in which part C is effective, such amount is at least 
equal to the aggregate amount appropriated for obligation by the 
Commissioner for fiscal year ending June 30,1974, or for the pre-
Ante, p. 2210. 
ceding fiscal year, w^hichever is higher, under title III (except for 
Post, p. 2240. 
programs of testing, guidance, and counseling), title V, and sec-
Post, pp. 2286, 
tions 807 and 808 of this Act, and 
2287. 
"(B) the sums appropriated pursuant to this subsection are 
included in an Act making appropriations for the fiscal year prior 
to the fiscal year in which such sums will be obligated, and are 
made available for expenditure prior to the beginning of such 
mi/ J 
. 
fiscal 
year. 
"(3) Whenever the requirements of paragraph (2) are no met, the 
Commissioner shall carry out programs under title III (except for 
programs of testing, guidance, and counseling), title V and sections 
807 and 808 of this Act in effect for fiscal year 1978 (prior to the repeal 
thereof). In any fiscal year in which the provisions of the preceding 
sentence are in effect, sums equal to the sums authorized to be appro-
priated for such programs for fiscal year 1978 are authorized to be 
appropriated for such fiscal year. 
"(c) (1) Subject to the provisions of paragraph (2) there is author-
ized to be appropriated the sum of $50,000,000 for obligation by the 
Commissioner during the fiscal year 1980, and for each succeeding 
fiscal year ending prior to October 1,1983, for the purpose of making 
grants under part D, relating to formula grants for guidance, counsel-
ing, and testing. 
"(2) No funds are authorized to be appropriated for obligation by 
the Commissioner for any fiscal year unless— 
"(A)(i) the aggregate amount which would be appropriated 
under this subsection for part D is at least equal to the aggregate 
amount appropriated for obligation by the Commissioner during 
the preceding fiscal year in which part D is in effect; or 
"(ii) in the case of appropriations under this subsection for 
the first fiscal year in which part D is in effect, the amount is at 
least equal to $18,000,000, and 
"(B) the sums appropriated pursuant to this subsection are 
included in an Act making appropriations for the fiscal year prior 
to the fiscal year in which such sums will be obligated, and are 
. ms 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2231 
made available for expenditure prior to the beginning of such 
fiscal year. 
"(3) Whenever the requirements of paragraph (2) are not met, the 
Commissioner shall carry out programs under part A of title V of the 
National Defense Education Act of 1958 as in effect for fiscal year 20 USC 481. 
1971 (prior to the expiration thereof). In any fiscal year in which the 
provisions of the preceding sentence are in effect, sums equal to the 
sums authorized to be appropriated for such programs for fiscal year 
1978 are authorized to be appropriated for such fiscal year. 
"(d) There are authorized to be approj)riated for obligation by the 
Commissioner during each fiscal year ending prior to October 1, 1983, 
such sums as may be necessary for the purpose of increasing the allot-
ment under section 403(a) (1) for that year to any State to a level of 
funding which equals the amounts of funds received by that State for 
the fiscal year ending June 30, 1974, for programs und.er title II, title Ante, pp. 2201, 
III, title V, and sections 807 and 808 of this Act, and title III (except 2210; Post, pp. 
for section 305) of the National Defense Education Act of 1958. 
2240, 2286, 
u 
ALLOTMENTS TO STATES 
2287. 
20 USC 441. 
"SEC. 403. (a) (1) From the amounts appropriated to carry out part 20 USC 3083. 
B, part C, and part D of this title for any fiscal year, the Commissioner 
shall allot to each State from each such amount an amount which bears 
the same ratio to that amount as the number of children aged five to 
seventeen, inclusive, in the State bears to the number of those children 
in all the States. 
"(2) For the purpose of this subsection, the term 'State' shall not "State." 
include Guam, American Samoa, the Virgin Islands, the Northern 
Mariana Islands, and the Trust Territory of the Pacific Islands. The 
number of children aged five to seventeen, inclusive, in a State and in 
all States shall be determined by the Commissioner on the basis of the 
most recent satisfactory data available to him. 
"(b) The amount of any State's allotment under subsection (a) Reallotment. 
for any fiscal year to carry out part B, part C, or part D, which the 
Commissioner determines will not be required for that fiscal year to 
carry out any of those parts shall be available for reallotment from 
time to time, on such dates during that year as the Commissioner 
may fix, to other States in proportion to the original allotments to 
those States under subsection (a) for that year but with such propor-
tionate amount for any of those other States being reduced to the 
extent it exceeds the sum the Commissioner estimates that State needs 
and will be able to use for that year; and the total of those reductions 
shall be similarly realloted among the States whose proportionate 
amounts were not so reduced. Any amounts reallotted to a State under 
this subsection during a year shall be deemed a part of its allotment 
under subsection (a) for that year. 
"(c) There are authorized to be appropriated for each fiscal year 
for the purpose of this subsection amounts equal to not more than 1 
per centum of each of the amounts appropriated for such year under 
part B, part C, and part D of this title. The Commissioner shall allot 
each of the amounts appropriated pursuant to this subsection among 
Guam, American Samoa, the Virgin Islands, the Northern Mariana 
Islands, and the Trust Territory of the Pacific Islands according to 
their respective needs for assistance under part B, part C, and part 
D of this title. In addition, for each fiscal year he shall allot from 
92 STAT. 2232 
PUBLIC LAW 95-561—NOV. 1, 1978 
. 'iS9\ 
Payment terms. 
Grants. 
20 use 3084. 
each of such amounts to (A) the Secretary of the Interior the amounts 
necessary (including not more than $75,000 for administration) for 
the programs authorized by each such part for children and teachers 
in elementar}^ and secondary schools operated for Indian children by 
the Department of the Interior, and (B) the Secretary of Defense 
the amounts necessary for the programs authorized by each such part 
for children and teachers in the overseas dependents schools of the 
Department of Defense. The terms upon which payment for such 
purposes shall be made to the Secretary of the Interior and the Sec-
retary of Defense shall be determined pursuant to such criteria as the 
Commissioner determines will best carry out the purposes of this title. 
u 
STATE PLANS 
"SEC. 404. (a) A State shall be eligible to receive grants under this 
part if it has on file with the Commissioner a general State application 
uiader section 501 or section 435 of the General Education Provisions 
Act, whichever is applicable, and if it submits to the Commissioner 
a State plan at such times (not more often than once every three years) 
and in such detail as the Commissioner deems necessary, which— 
"(1) designates the State educational agency as the State 
agency which shall, either directly or through arrangements with 
other State or local public agencies, act as the sole agency for-
the administration of the State plan; 
"(2) sets forth a program under which funds paid to the State 
from its allotments under section 403 will be expended solely for 
the programs and purposes that meet the requirements set forth 
in part B, part C, and part D of this title; 
"(3) provides assurances that tlie requirements of section 406 
(relating to the participation of pupils and teachers in private 
elementary and secondary schools) will be met, or certifies that 
such requireinents cannot legally be met in such State; 
"(4) describes the means by which the State educational agency 
will provide technical assistance to local educational agencies to 
enable them fully to participate in programs assisted under this 
title; 
"(5) provides assurances that funds such agency receives from 
appropriations made under section 402(b) will be distributed 
among local educational agencies on an equitable basis, recogniz-
ing the competitive nature of the grantmaking except that the 
State educational agency shall provide assistance in formulating 
proposals and in operating programs to local educational agencies 
which are less able to compete due to small size or lack of local 
financial resources to distribute funds made available under this 
title to local educational agencies; and describes the procedures 
the State will use; 
"(6) provides that local educational agencies applying for 
funds under part B and part D shall be required to submit 
applications for that program not more than than once every 
three years; 
"(7) provides assurances that the aggregate amount to be 
expended per student or the aggregate expenditure by the State, its 
local educational agencies, and private schools in such State from 
funds derived from non-Federal sources for programs described 
in part B and part D, respectively, for the preceding fiscal year 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2233 
are not less than the amount per student expended or the aggre-
gate expenditure for the second preceding fiscal year for each such 
P^-rt; 
" (8) provides that, for any fiscal year in which the provisions of 
section 510(b)(2) are not met, of the funds the State receives under 
section 402 for each fiscal year, the State will use for administra-
tion of the State plan not to exceed whichever of the following is 
greater: (A) 5 per centum of the amount so received ($75,000 in 
the case of Guam, American Samoa, the Virgin Islands, the 
Northern Mariana Islands and the Trust Territory of the Pacific 
Islands), excluding any part of such amount used for purposes 
of section 431(a), or (B) $225,000; and provides that the remain-
der of such funds shall be made available to local educational 
agencies to be used for the purposes of parts B, C, and D, 
respectively; 
"(9) provides that, for any fiscal year in which the provisions 
of section 523(b) are not met, not more than the greater of (A) 
15 per centum of the amount which such State receives pursuant 
to section 402(b) for any fiscal year, or (B) the amount available 
by appropriation to such State in the fiscal year ending June 30, 
1973 and periods covered by section 431 (a) (3) as in effect in such 
year, shall be used for activities described in section 421; 
"(10) sets forth policies and procedures which give satisfactory 
assurance that Federal funds made available under this title for 
any fiscal year will not be commingled with State funds; 
" (11) sets forth the means by which the State will make infor-
mation and technical assistance available to private nonprofit 
school officials who desire to arrange for children in those schools 
to participate in Federal elementary and secondary education 
programs; 
"(12) sets forth a comprehensive plan for the coordination of 
Federal and State funds for training activities for educational 
personnel in the State including preservice and inservice training, 
which plan shall be developed with the involvement of teachers, 
professional associations, institutions of higher education, and 
other interested individuals; and 
"(13) provides that the State has established a State advisory 
council in accordance with subsection (b). 
"(b)(1) The State advisory council shall— 
State advisory Oi 
"(A) be appointed by the State educational agency or as other- council, 
wise provided by State law and be broadly representative of the 
cultural and educational resources of the State and of the public, 
including— 
"(i) teachers, principals, superintendents, and other pro-
fessional employees of local educational agencies and private 
schools, 
"Tii) teachers from institutions of higher education, 
"(iii) school librarians, personnel involved in operating 
<?i^.':H-')••:•'. 
Sz. 
media programs in local schools, and guidance counselors, 
"(iv) individuals from fields of professional competence 
in dealing with children needing special education because 
of physical or mental handicaps, specific learning disabilities, 
severe educational disadvantages, and limited English pro-
ficiency or because they are gifted or talented, and of profes-
92 STAT. 2234 
PUBLIC LAW 95-561—NOV. 1, 1978 
/• • '^ 
sional competence in guidance and counseling, and 
"(v) parents, students, and other interested members of 
the public; 
"(B) advise the State educational agency on the preparation 
of, and policy matters arising in the administration of, the State 
plan, including the development of criteria for the distribution 
of funds and the approval of applications for assistance under 
this title; 
"(C) evaluate all programs and projects assisted under this 
title; and 
"(D) prepare at least every three years and submit through the 
State educational agency a report of its activities, recommenda-
tions, and evaluations, together with such additional comments 
as the State educational agency deems appropriate, to the Com-
missioner. 
"(2) Not less than ninety days before the beginning of any fiscal 
year for which funds will be available for carrying out this title, each 
State shall certify the establishment of, and membership of (includ-
ing the name of the person designated as Chairman), its State advi-
V 
sory council to the Commissioner. 
"(3) Each State advisory council shall meet within thirty days after 
certification has been accepted by the Commissioner and establish the 
time, place, and manner, of its future meetings, except that such coun-
cil shall have not less than one public meeting each year at which the 
public is given an opportunity to express views concerning the admin-
istration and operation of this title. 
"(4) Each State advisory council shall be authorized to obtain the 
services of such professional, technical, and clerical personnel, and to 
contract for such other services as may be necessary to enable them to 
carry out their functions under this title, and the Commissioner shall 
assure that funds sufficient for these purposes are made available to 
each council from funds available for administration of the State plan. 
"(c) The Commissioner shall approve any State plan and any modi-
fication thereof which complies with the provisions of subsections (a) 
and (b) of this section. 
"PAYMENTS TO STATES 
20 use 3085. 
"SEC. 405. From the amounts allotted to each State under section 
403 for carrying out the programs authorized by part B, part C, and 
part D, respectively, the Commissioner shall pay to that State an 
amount equal to the amount expended by the State in carrying out its 
State plan (after withholding any amount necessary pursuant to sec-
tion 406(g)). 
"PARTICIPATION or CHIIDEEN ENROIXED IN PRIVATE SCHOOLS 
20 use 3086. 
"SEC. 406. (a) (1) To the extent consistent with the number of chil-
dren in the school district of a local educational agency which is eligible 
to receive funds under this title or which serves the area in which a 
program or project assisted under this title is located who are enrolled 
in private nonprofit elementary and secondary schools, such agency, 
after consultation with the appropriate private school officials, shall 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2235 
provide for the benefit of such children in such schools secular, neutral, 
and nonideological services, materials, and equipment including the 
repair, minor remodeling, or construction of public facilities as may be 
necessary for their provision (consistent with subsection (c) of this 
section), or, if such service, materials, and equipment are not feasible 
or necessary in one or more such private schools as determined by the 
local educational agency after consultation with the appropriate pri-
vate school officials, shall provide such other arrangements as will 
assure equitable participation of such children in the purposes and 
benefits of this title. 
"(2) If no program or project is carried out under part B in the 
school district of a local educational agency, the State educational 
agency shaU make arrangements, such as through contracts with non- 
N 
profit private agencies or organizations, under which children in pri-
vate schools in that district are provided with services and materials 
under that part to the extent that would have occurred if the local 
educational agency had received funds under this title. 
"(b) Expenditures for programs pursuant to subsection (a) shall 
be equal (consistent with the number of children to be served) to 
expenditures for programs under this title for children enrolled in the 
puolic schools of the local educational agency, taking into account the 
needs of the individual children ard other factors which relate to such 
expenditures, and when funds a
A ailable to a local educational agency 
under this title are used to concentrate programs or projects on a 
particular group, attendance area, or grade or age level, children 
enrolled in private schools who are included within the group, attend-
ance area, or grade or age level selected for such concentration shall, 
after consultation with the appropriate private school officials, be 
assured equitable participation in the purposes and benefits of such 
programs or projects. 
"Tc)(l^ The control of funds provided under this title and title 
to materials, equipment, and property repaired, remodeled, or con-
structed therewith 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. 
"(2) The provision of services pursuant to this section shall be 
provided by employees of a public agency or through contract by such 
public agency with a person, an association, agency, or corporation 
who or which in the provision of such services is independent of such 
private school and of any religious rrganizations, and such employment 
or contract shaU be under the control and supervision of such public 
agency, and the funds provided under this title shall not be com- 
wfthnl 
mingled with State or local funds. 
"(d) If a State is prohibited by law from providing: for the par-
ticipation in programs of children enrolled in private elementary and 
secondary schools, as required by this section, the Commissioner shall 
waive such requirements and shall arrange for the provision of services 
to such children through arrangements which shall be subject to the 
requirements of this section. 
"(e)!*!) If the Commissioner determines that a State or a local 
*^'^ -*-
educational aarency has substantially failed or is unwilling to provide 
for the participation on an equitable basis of children enrolled in 
private elementary and secondary schools as required by this section, 
he may waive such requirements and shall arrange for the provision of 
92 STAT. 2236 
PUBLIC LAW 95-561—NOV. 1, 1978 
services to such children through arrangements which shall be sub-
ject to the requirements of this section. 
"(2) Pending final resolution of any investigation or complaint 
that could result in a determination under this subsection or subsec-
tion (d), the Commissioner may withhold from the allocation of the 
affected State or local educational agency the amount he estimates 
would be necessary to pay the cost of those services. 
"(f) Any determination by the Commissioner under this section 
shall continue in effect until the Commissioner determines that there 
will no longer be any failure or inability on the part of the State or 
local educational agency to meet the requirements of subsections (a) 
and (b). 
"(g) When the Commissioner arranges for services pursuant to 
this section, he shall, after consultation with the appropriate public 
and private school officials, pay the cost of such services, including the 
administrative costs of arranging for those services, from the appro-
priate allotment of the State under this title. 
"(h)(1) The Commissioner shall not take any final action under 
this section until the State educational agency and local educational 
agency affected by such action have had an opportunity, for at least 
forty-five days after receiving written notice thereof, to submit writ-
ten objections and to appear before the Commissioner or his designee 
to show cause why that action should not be taken. 
Petition for 
" (2) If a State or local educational agency is dissatisfied with the 
review. 
Commissioner's final action after a proceeding under paragraph (1) of 
this subsection, it may within sixty days after notice of such action, 
file with the United States court of appeals for the circuit in which 
such State is located a petition for review of that action. A copy of 
the petition shall be forthwith transmitted by the clerk of the court 
to the Commissioner. The Commissioner thereupon shall file in the 
court the record of the proceedings on which he based this action, as 
provided in section 2112 of title 28, United States Code. 
"(3) The findings of fact by the Commissioner, if supported by 
substantial evidence, shall be conclusive; but the court, for good cause 
shown, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified 
findings of fact and may modify his previous action, and shall file in 
the court the record of the further proceedings. Such new or modified 
findings of fact shall likewise be conclusive if supported by substantial 
evidence. 
"(4) Upon the filing of such petition, the court shall have jurisdic-
tion to affirm the action of the Commissioner or to set it aside, in whole 
Review. 
or in part. The judgment of the court shall be subject to review by 
the Supreme Court of the United States upon certiorari or certification 
as provided in section 1254 of title 28, United States Code. 
"PART B—INSTRUCTIONAL MATERIALS AND SCHOOL LIBRARY RESOURCES 
"ACTIVITIES AUTHORIZED 
20 use 3101. 
"SEC. 421. The amounts allotted to each State under section 403 for 
the purposes of this part shall be used to provide assistance to local 
educational agencies within that State^— 
"(1) for the acquisition of school library resources, textbooks, 
and other printed and published instructional materials for the 
use of children and teachers in public and private elementary and 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2237 
secondary schools which shall be used for instructional purposes 
only; and 
"(2) for the acquisition of instructional equipment and mate-
rials suitable for use in providing education in academic subjects 
for use by children and teachers in elementary and secondary 
schools which shall be used for instructional purposes only. 
"PROGRAM REQUIREMENTS 
"SEC. 422. (a) Funds available to a State under this part shall be Distribution of 
distributed among local educational agencies in that State according funds, 
to the enrollments in public and nonpublic schools within the school 20 USC 3102. 
districts of those agencies, adjusted, in accordance with criteria pre-
scribed by the Commissioner, to provide higher per pupil allocations 
to (1) local educational agencies whose tax effort for education is 
substantially greater than the State average tax effort for education, 
but whose per pupil expenditure (excludmg payments made under 
title I of this Act) is no greater than the average per pupil expendi- ^^te, p. 2152. 
ture in the State, and (2) local educational agencies which have the 
greatest numbers or percentages of children whose education imposes 
a higher than average cost per child, such as children from low-income 
families, children living in sparsely populated areas, and children from 
families in which English is not the dominant language. 
"(b) Local educational agencies shall be given complete discretion 
(subject to the provisions of section 406) in determining how funds 
they receive under this part will be divided among the purposes 
described in section 421, except that the State educational agency shall 
insure that each local educational agency,/in making that determina-
tion, has adopted appropriate procedures, including periodic consulta-
tion with teachers, librarians, media specialists and other professional 
staff in the schools, and private school officials, to coordinate the selec-
tion of equipment and materials under this part with curricula being 
carried out in the schools within that agency. 
"PART C—IMPROVEMENT IN LOCAL EDUCATIONAL PRACTICE 
a 
ACTIVITIES AUTHORIZED 
"SEC. 431. (a) The amounts allotted to each State under section 403 
for the purpose of this part shall be used to provide assistance to local 
educational agencies within the State for activities that will improve 
the educational practices of those agencies, including— 
"(1) the development and demonstration of activities designed 
to address serious educational problems in elementary and sec-
ondary schools, including— 
"(A) the need for effective programs for children with 
special needs, such as educationally deprived children, gifted 
and talented children, and handicapped children, 
"(B) high rates of children who do not complete secondary 
school, and 
"(C) the need of children in private schools for improved 
educational services; 
"(2) encouraging the development and demonstration of 
improved means of carrying out programs for educationally 
deprived children in school attendance areas having high concen-
trations of children from low-income families; 
Allotments to 
local educational 
agencies. 
20 USC 3111. 
92 STAT. 2238 
PUBLIC LAW 95-561—NOV. 1, 1978 
?' 
"(3) activities designed to improve the achievement of children 
in basic skills; 
"(4) activities to encourage the participation of parents in the 
education of their children; 
"(5) the development of programs to diagnose learning prob-
lems and assess the educational achievement of children, including 
children in nonprofit private schools; 
"(6) developing and implementing model plans to demonstrate 
effective means of improving school management and fully coordi-
v
f
i 
nating all the Federal, State, and local resources available in a 
school in a fashion designed to meet the individual needs of every 
- 
child in that school; 
"(7) professional development programs for teachers, admin-
r 
istrators, and other instructional personnel in the schools of 
such agencies; 
"(8) early (ihildhood and family education programs for chil-
dren not yet enrolled in kindergarten programs and below age 
.-. L 
six for activities related to the identification of potential barriers 
to learning, the education of paients in child development, home-
based programs, and referral services; and 
"(9) programs to extent the educational process beyond the 
school building through the use of other resources in the com-
munity, such as museums, businesses, cultural organizations, labor 
unions, and governmental agencies. 
"(b) (1) Funds available to the States under this part shall also be 
used (pursuant to State plans approved under section 404) for the pur-
pose of encouraging innovation and improvement in compensatory 
educational efforts. Such efforts may include— 
"(A) programs of grants to local educational agencies for 
summer bridge programs which provide students with continued 
academic improvement and stimulation during the summer months 
in order to preserve and increase the academic progress of such 
students in regular school year programs; 
"(B) programs of parent education which enable parents to 
better contribute to their children's academic progress by such 
means as the conducting of parent education or parenting pro-
grams which promote partnership between parents and teachers 
and help parents develop the skills necessary to motivate and assist 
' 
such children; 
"(C) programs that provide retraining to improve the skills 
., 
of teachers and other educational personnel to enable such person-
nel to meet better the specific educational needs of the children 
served by such personnel; and 
"(D) programs to develop educational materials for use by 
children in the home to improve student achievement in the basic 
skills. 
"(2) Each State shall ensure that not less than 50 per centum 
of those funds appropriated for any fiscal year which exceed the 
amount appropriated for this part for the fiscal year ending Septem-
ber 30, 1979, will be used for the purposes of programs described in 
paragraph (1). 
"PROGRAM REQTTTREMENTS 
20 use 3112. 
"SEC. 432. (a) Funds may be provided to a local educational agency 
under this part for a particular activity for a period of not to exceed 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2239 
five fiscal years (excluding any period for which such agency received 
a planning grant for such activity), subject to the availability of 
appropriations for this part of each fiscal year. The amount provided 
to a local educational agency for any activity under this part shall 
decline after the third year, in accordance with criteria prescribed by 
the Commissioner, in order to ensure that successful practices developed 
with assistance under this part will be adopted and supported as part 
of the regular program of such agency. 
"(b) (1) From sums made available to each State under this part, 
the following sums shall be allocated for activities under section 431 
(a)(6), relating to plans for improved school management and the 
coordinated use m schools of all available resources: 
"(A) In fiscal year 1980, not less than 5 percent of any amount 
by which the amount available for this part in fiscal year 1980 
exceeds the amount so available in fiscal year 1979. 
"(B) In fiscal year 1981 and in each succeeding fiscal year, not 
less than 10 percent of any amount by which the amount available 
for this part in such year exceeds the amount so available in fiscal 
year 1979. 
"(2) No activity under section 431(a)(6) shall be approved by 
the State educational agency unless the proposal therefor has been 
developed in consultation with, and has been approved by, a committee 
composed of administrators, teachers, other staff at the school, and 
parents whose children attend the school. 
"(c) Not less than 15 per centum of the amount received by a State 
under this part in any fiscal year shall be used for special programs or 
projects meeting the purposes of this part for the education of handi-
capped children. For the purpose of this part, the term 'handicapped 
children' has the meaning set forth in section 602(1) of the Education 
of the Handicapped Act. 
"(d) Subject to section 406 (d) and (e), a State educational agency 
shall not approve the application of a local educational agency for 
assistance under this part unless the State educational agency deter-
mines that in designing the proposal to which that application relates, 
the needs of children in nonprofit private schools have been taken into 
account through consultation with private school officials and other 
means. 
" P A R T D—GuroANCE, COUNSELING, A N D TESTING 
li PROGRAM AUTHORIZED 
"SEC. 441. (a) The Commissioner shall carry out a program for 
making grants to States (pursuant to State plans approved under 
section 404) for— 
"(1) State leadership and supervisory services in the fields of 
guidance, counseling, and testing; and 
" (2) comprehensive guidance, counseling, and testing programs 
in elemental^ and secondary schools throughout the State, includ-
ing such services as— 
"(A) elementary and secondary school counseling, 
"(B) in-service training for guidance and counseling 
personnel, 
"(C) supervision and leadership services at the local level, 
"(D) program planning and development, 
"(E) special guidance and counseling programs suited to 
Allocation of 
funds, 
percentage. 
Activity approval. 
"Handicapped 
children." 
20 use 872. 
Local educational 
assistance, 
determination. 
Grants. 
20 use 3121. 
92 STAT. 2240 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 use 3122. 
Administrative 
unit, 
establishment. 
20 use 3123. 
Funds, 
reservation. 
20 use 3081 
note. 
meet the special needs for such programs by persons who are 
disadvantaged, 
" ( F ) a program of testing students in elementary and sec-
ondary schools, and 
"(G) evaluation of such programs. 
"(b) Of the sums allotted to any State for any fiscal year for the 
purposes of this part, not to exceed 7i/^ per centum shall be available 
for the purpose described in clause (1) of subsection (a). 
"PROGRAM REQUIREMENTS 
"SEC. 442. Each local educational agency shall be given complete 
discretion (subject to the provisions of section 406) m determining 
how funds it receives from appropriations made under section 401(c) 
(1) (A) will be divided among various programs described in this 
part. 
"ADMINISTRATION 
"SEC. 443. (a) The Commissioner shall establish or designate an 
administrative unit within the Office of Education for purposes of— 
" (1) carrying out provisions of this section; 
"(2) providing information regarding guidance and counseling 
as a profession, guidance and counseling activities of the Federal 
Government, and, to the extent practicable, activities of State and 
local programs of guidance and counseling; and 
"(3) advising the Commissioner on coordinating guidance and 
counseling activities included in all programs which he is author-
ized to carry out, and, to the extent he deems practicable, how such 
activities may be coordinated with other programs of the Fed-
eral Government and State and local guidance and counseling 
Erograms. 
) The Commissioner may reserve an amount not to exceed 5 per 
centum of the sums appropriated for this part to carry out the pro-
visions of this section.". 
EFFECTIVE DATE 
SEC. 402. The amendments and repeals made by this title shall take 
effect October 1,1979. 
T I T L E V — E S T A B L I S H M E N T O F N E W T I T L E V O F T H E 
E L E M E N T A R Y AND S E C O N D A R Y E D U C A T I O N ACT O F 
••Xik 
1 1 ' 
1965 
STATE LEADERSHIP 
"i SEC. 501. Title V of the Act is amended to read as follows: 
" T I T L E V — S T A T E L E A D E R S H I P 
"PART A—ADMINISTRATION OF EDUCATION PROGRAMS AND DUTIES OF 
THE STATE EDUCATIONAL AGENCY 
"SINGLE STATE APPLICATION 
20 use 3141. 
Ante, pp. 2210, 
2229. 
"SEC. 501. (a) Each State which desires to participate in programs 
authorized under title I and title I V of this Act shall submit to the 
Commissioner a general application containing the assurances set forth 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2241 
in subsection (b). That application majr be submitted jointly for all 
programs covered by the application, or it may be submitted separately 
for each such program or for groups of programs. Each application 
submitted under this section must be approved by each official, agency, 
board, or other entity within the State which, under State law, is pri-
marily responsible for supervision of the activities conducted under 
each program covered by the application. 
"(b) An application submitted under subsection (a) shall set forth 
assurances, satisfactory to the Commissioner— 
" (1) that each program will be administered in accordance with 
all 
applicable 
statutes, 
regulations, 
program 
plans, 
and 
applications; 
"(2) that the control of funds provided under each program 
and title to property acquired with program funds will be in a 
public agency, or in a nonprofit private agency, institution, or 
organization if the statute authorizing the program provides for 
grants to those entities, and that the public agency or nonprofit 
private agency, institution, or organization will administer those 
funds and property; 
"(3) that the State will adopt and use proper methods of 
administering each program to which this part applies includ-
ing— 
"(A) monitoring of agencies, institutions, and organiza-
tions responsible for carrying out each program, and the 
enforcement of any obligations imposed on those agencies, 
institutions, and organizations under law, 
"(B) providing technical assistance, where necessary, to 
those agencies, institutions, and organizations, 
"(C) encouraging the adoption by those agencies, insti-
tutions, and organizations for promising or innovative edu-
cational techniques, 
"(D) the dissemination throughout the State of informa-
tion on the program requirements and succcessful practices, 
and 
"(E) the correction of deficiencies in program operations 
that are identified through monitoring or evaluation; 
"(4) that the State will evaluate the effectiveness of covered 
programs in meeting their statutory objectives, at such intervals 
(not less often than once every three years) and in accordance 
with such procedures as the Commissioner may prescribe by reg-
ulation, and that the State will cooperate in carrying out any 
evaluation of each program conducted by or for the Secretary or 
other Federal official; 
" (5) that the State will use such fiscal control and fund account-
ing procedures as will insure proper disbursement of and acount-
ing for Federal funds paid to the State under each program ; 
"(6) that the State will make reports to the Commissioner Reports, 
(including reports on the results of evaluations required under 
paragraph (4)) as may reasonably be necessary to enable the Com-
missioner to perform his duties under each program, and that 
the State will maintain such records, in accordance with the 
requirements of section 437 of the General Education Provisions 
Act, and afford access to the records as the Commissioner may find Post, p. 2346. 
necessary to carry out his duties ; 
39-194 O—80—pt. 2 
61 : QL3 
92 STAT. 2242 
PUBLIC LAW 95-561—NOV. 1, 1978 
• 
"(7) that the State will provide reasonable opportunities for 
the participation by local agencies, representatives of the class of 
individuals affected by each program, and other interested insti-
tutions, organizations, and individuals in the planning for and 
operation of each program, including the following: 
" (A) the State will consult with relevant advisory com-
mittees, local agencies, interested groups, and experienced pro-
a ' 
fessionals in the development of program plans required by 
statute; 
"(B) the State will publish each proposed plan, in a man-
!> 
ner that will ensure circulation throughout the State, at least 
sixty days prior to the date on which the plan is submitted to 
the Commissioner or on which the plan becomes effective, 
whichever occurs earlier, with an opportunity for public 
comments on such plan to be accepted for at least thirty 
days; 
"(C) the State will hold public hearings on the proposed 
plans if required by the Commissioner by regulation; and 
"(D) the State will provide an opportunity for interested 
,
, ,, 
agencies, organizations, and individuals to suggest improve-
,,V 
ments in the administration of the program and to allege that 
there has been a failure by any entity to comply with appli-
cable statutes and regulations. 
"(c) Each general application submitted under this section shall 
remain in effect for the duration of any program subject to the applica-
tion. The Commissioner shall not require tiie resubmission or amend-
ment of that application unless required by changes in Federal or 
State law or by other significant change in the circumstances affecting 
an assurance in that application. 
' 
"SINGLE LOCAL, EDUCATIONAL AGENCY APPLICATION 
20 use 3142. 
"SEC. 502. (a) Each local educational agency which participates in 
a program subject to this Act under which Federal funds are made 
available to that agency through a State agency or board shall submit 
to that agency or board a general application containing the assurances 
set forth in subsection (b). That application shall cover the participa-
tion by the local educational agency in all such programs. 
"(b) The general application submitted by a local educational 
agency under subsection (a) shall set forth assurances— 
"(1) that the local educational agency will administer each 
program covered by the application in accordance with all appli-
cable statutes, regulations, program plans, and applications; 
"(2) that the control of funds provided to the local educational 
agency under each program and title to property acquired with 
those funds, will be in a public agency and that a public agency 
will administer those funds and property; 
**:'F'' 
"(3) that the local educational agency will use fiscal control 
and fund accounting procedures that will insure proper disburse-
ment of, and accounting for Federal funds paid to that agency 
under each program; 
"(4) that the local educational agency will make reports to the 
State agency or board and to the Commissioner as may reasonably 
be necessary to enable the State agency or boar-d and the Commis-
sioner to perform their duties and that the local educational 
PUBLIC LAW 95~561--NOV. 1, 1978 
92 STAT. 2243 
agency will maintain such records, including the records required 
under section 437 of the General Education Provisions Act, and Post, p. 2346. 
give access to those records, as the State agency or board or the 
Commissioner deem necessary to perform their duties; 
"(5) that the local educational agency will provide reasonable 
opportunities for the participation by teachers, parents, and other 
interested agencies, organizations, and individuals in the planning 
for and operation of each program; 
"(6) that any application, evaluation, periodic program plan 
or report relating to each program will be made readily available 
to parents and other members of the general public; 
^ 
"(7) that in the case of any project involvmg construction— 
"(A) the project is not inconsistent with overall State 
; , 
plans for the construction of school facilities, 
"(B) in developing plans for construction, due considera-
tion will be given to excellence of architecture and design and 
to compliance with standards prescribed by the Secretary 
under section 504 of the Rehabilitation Act of 1973 in order 29 USC 794. 
to insure that facilities constructed with the use of Federal 
funds are accessible to and usable by handicapped individuals, 
"(C) in developmg plans for such facilities, due considera-
tion has been given to excellence of architecture and design, 
and inclusion of works of art (not representing more than 
1 per centum of the cost of the project); and 
" (8) that the local educational agency has adopted effective pro-
cedures for acquiring and disseminating to teachers and adminis-
trators participating in each program significant information 
J 
from educational research, demonstrationSj and similar projects, 
and for adopting, where appropriate, promising educational prac-
tices developed through those projects. 
"(c) A general application submitted under this section shall remain 
in effect for the duration of the programs it covers. The State agencies 
or boards administerin;* the programs covered by the application shall 
not require the resubmission or amendment of that application unless 
required by changes in Federal or State law or by other significant 
change in the circumstances affecting an assurance in that application. 
"APPLICATION APPROVAL 
"SEC. 503. (a) (1) A State educational agency shall approve an 20 USC 3143. 
application of a local educational agency or a State agency subject to 
this part if (A) such State educational agency is satisfied, after 
considering the factors specified in paragraph (2), that such applicant 
agency will use the funds received under the application in a manner 
which meets the requirements of this title, the General Education Pro-
visions Act and other applicable requirements and (B) such applicant 20 USC 1221. 
agency is not out of compliance with a determination of the State 
educational agency or the Commissioner that it repay funds paid it 
under this title which were misused, and is not out of compliance with 
a compliance agreement under section 508 (c). 
"(2) A State educational agency may approve an application under 
paragraph (1) of this subsection, only after it has considered, where 
pertinent, (A) the results of Federal and State audits, (B) the results 
of Federal and State monitoring reports, (C) administrative com-
plaints made by parents or other individuals concerning the applicant 
92 STAT. 2244 
PUBLIC LAW 95-561—NOV. 1, 1978 
agency's compliance with this title, and (D) reports on evaluations 
' . 
conducted by the local educational agency of its programs. 
"(b) A State educational agency may make payments from fimds 
received under this part only for programs and projects which it has 
approved under subsection (a). 
"(c) A State educational agency shall not finally disapprove in 
whole or in part any application for funds under this part without 
first affording the local educational agency or other applicant sub-
mitting the application reasonable notice and opportunity for a hear-
ing in accordance with section 434 of the General Education Provisions 
Post, p. 2342. 
Act. 
"STAl^ RULEMAKING 
20 use 3144. 
"SEC. 504. Nothing in this part shall be deemed to prohibit a State 
educational agency from adopting rules, regulations, procedures, 
guidelines, criteria, or other requirements applicable to programs and 
projects, assisted under this part if they do not conflict with the 
provisions of this part or with regulations promulgated by the Com-
missioner implementing this title or other applicable Federal law. 
The Commissioner shall encourage State educational agencies, in 
adopting such rules, regulations, procedures, guidelines, criteria, or 
other requirements to recognize the special and unique needs and cir-
cumstances of the State and of each local educational agency in the 
State. 
(
(
< 
TECHNICAL ASSISTANCE AND DISSEMINATION OF INFORMATION 
20 use 3145. 
"SEC. .505. Each State educational agency shall carry out a compre-
hensive program to provide technical assistance to local educational 
agencies and State agencies with respect to the use of funds received 
under this part. Such a program shall include technical assistance for 
management procedures, for planning, development, implementation, 
and evaluation of programs, and for preparation of applications, as 
well as other forms of technical assistance needed by local educational 
agencies and State agencies. Each State educational agency shall also 
adopt effective procedures for disseminating to local educational agen-
cies and State agencies (1) significant and relevant information 
derived from education research, (2) information about successful 
compensatory education projects, (3) information about other Federal 
and State funded programs which may provide needed health, social, 
and nutrition services to eligible participating children under this 
title, and (4) such other information as will assist local educational 
agencies, and State agencies in planning, developing, implementing, 
and evaluating programs subject to this part. 
(( 
MONITORING 
Standards. 
"SEC. 506. Each State educational agency shall adopt standards, 
20 use 3146. 
consistent with minimum standards established by the Commissioner, 
for monitoring the effectiveness of programs and projects subject to 
this part. Such standards shall (1) describe the purpose and scope of 
monitoring; (2) specify the frequency of on-site visits; {Z) describe 
the procedures for issuing and responding to monitoring reports, 
including but not limited to, the period of time in which the State 
educational agency must issue its report, the period of time in which 
the applicant agency must respond, and the appropriate followup by 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2245 
the State educational agency, (4) specify the methods for making 
monitoring reports available to parents, State and local auditors, and 
other persons, and (5) specify the methods for insuring that noncom-
pliant practices are corrected. 
"COMPLAINT RESOLUTION 
"SEC. 507. Each State educational agency shall adopt written pro- 20 USC 3147. 
cedures for receiving and resolving complaints, or reviewing appeals 
from decisions of local educational agencies with respect to com-
plaints, concerning violations of this title, applicable provisions of 
the General Education Provisions Act or of programs subject to this 
part, and for conducting on-site investigations of complaints which 
the State educational agency deems necessary. Such procedure shall 
include— 
"(1) specific time limits for resolving the complaint or com-
pleting the review and, if necessary, the independent on-site 
investigation, which shall not exceed sixty days unless exceptional 
circumstances exist; 
"(2) an opportunity for the complainant or the complainant's 
representative, or both, and the local educational agency involved 
to present evidence, including the opportunity to question parties 
to the dispute and any of their witnesses; 
"(3) the right to appeal the final resolution of the State educa-
tional agency to the Commissioner within thirty days after receipt 
of the written decision; and 
"(4) dissemination of information concerning the procedures 
to interested parties, including all district and school advisory 
councilSi 
(( 
WITHHOLDING OP PAYMENTS 
"SEC. 508. (a) Whenever a State educational agency, after reason- 20 USC 3148. 
able notice and opportunity for a hearing to any local educational 
agency or State agency, before an impartial decisionmaker, finds that 
there has been a failure to comply substantially with any provision of 
the programs subject to this part the State educational agency shall 
notify such agency that further payments, in whole or in part, will 
not be made to it under applicable provisions of law until it is satisfied 
that there is no longer any such failure to comply. Until it is so satis-
fied, no further payments shall be made to such agency under appli-
cable provisions of law, except as may be provided in a compliance 
agreement entered into under subsection (c). Pending the outcome of 
any proceeding under this subsection, the State educational agency 
may suspend payments to such agency, after such agency has been 
given reasonable notice and opportunity to show cause why such action 
should not be taken. 
"(b) Upon submission to a local educational agency or a State 
agency of a notice that the State educational agency pursuant to sub-
section (a) is withholding payment the State educational agency shall 
inform the district advisory council, if any, and shall take'such addi-
tional action as may be necessary to bring the State action to the 
attention of the public. 
"(c) A State educational agency may suspend the initiation or con-
tinuation of its withholding action under subsection (a) while there is 
in effect a compliance agreement with the local educational agency or 
State agency under this subsection, except tliat if the local educational 
92 STAT. 2246 
PUBLIC LAW 95-561—NOV. 1, 1978 
Appeal. 
Post, p. 2354. 
20 u s e 3149. 
Procedures. 
Method of 
payment. 
Repayment from 
non-Federal or 
Federal funds. 
agency or State agency fails to comply with the terms agreed to, such 
agreement shall no longer be in eflfect and subsection (a) shall be fully 
operative. In implementing such subsection, the State educational 
agency shall take into account any partial compliance by such agency 
under such agreement. For purposes of this subsection, the term 'com-
pliance agreement' means an agreement which— 
" (1) sets forth the terms and conditions to which the local edu-
cational agency or State agency has agreed in order to comply 
with the requirements of this title or the General Education Pro-
visions Act and regulations promulgated thereunder, and with 
the applicable rules, regulations, procedures, guidelines, criteria 
or other requirements adopted by the State educational agency; 
"(2) addresses all the matters that formed the basis for the 
initiation of the withholding action by the State educational 
agency; and 
" (3) may consist of a series of agreements that in the aggregate 
dispose of all such matters. 
Within fifteen days after the execution of any compliance agreement, 
the State educational agency shall send a copy thereof to the district 
advisory council affected, and to each organization or person who 
filed a complaint with respect to any failure to comply which is 
covered by that agreement. 
"(d) A local educational agency or State: agency may, in accordance 
with section 425(a) of the General Education Provisions Act, appeal 
a final determination of the State educational agency under subsection 
(a) to the Commissioner. 
"AUDITS A N D AUDIT RESOIiUTION 
"SEC. 509. (a) Each State shall make provision for audits of the 
expenditure of funds received under programs subject to this part, 
including funds received under this part, to determine, at a minimum, 
the fiscal integrity of grant or subgrant financial transtvctions and 
reports, and the compliance with applicable statutes, regulations, and 
terms and conditions of the grant or subgrant. Such audits shall be 
made with reasonable frequency, usually annually, but not less fre-
quently than once ever^ two years, considering the nature, size, and 
complexity of the activity. 
"(b) Each State educational agency shall have in effect written 
procedures, meeting minimum standards established by the Commis-
sioner, to assure timely and appropriate resolution of audit findings 
and recommendations arising out of audits provided for in subsection 
(a). Such procedures shall include a description of the audit resolu-
tion process, timetables for each step of the process, and an audi^ 
appeals process. Where, under such procedures, the audit resolution 
process requires the repaj^ment of Federal funds which were misspent 
or misapplied, such repayment may be made in either a single pay-
ment or in installments over a period not to exceed three years. 
"(c) A local educational agency or State agency shall repay from 
non-Federal sources or from Federal funds no accountability for 
which is required to the Federal Government the amount of funds 
under any program to which this part applies which have been finally 
determined through the audit resolution process to have been misspent 
or misapplied. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2247 
" (d) A local educational agency or State agency may, in accordance 
with section 425 (a) of the General Education Provisions Act, appeal a Post, p. 2354. 
final determination of the State educational agency under subsection 
(b) to the Commissioner. 
"(e) If, following an affirmance by the Commissioner of a final 
determination of a State educational agency under subsection (b) or 
failure by a local educational agency or State agency to seek timely 
review by the Commissioner, such local educational agency or State 
agency refuses to repay from non-Federal sources or from Federal 
funds no accountability for which is required to the Federal Govern-
ment funds which have been misspent or misapplied under any pro-
gram to which this part applies, the State educational agency shall 
promptly notify the Commissioner and the Commissioner shall 
promptly initiate collection action. 
Appropriation 
authorization. 
"PAYMENTS; AUTHORIZATION 
"SEC. 510. (a) The Commissioner is authorized to pay to each State 20 USC 3150. 
amounts equal to the amounts expended by it for the proper and 
efficient performance of its duties under this part, except that the 
total of such payments in any fiscal year shall not exceed— 
"(1) 1.75 per centum of the amount allocated to the State and 
its local educational agencies as determined for that year under 
the programs described in section 501 (a): or 
"(2) $550,000, or $87,500 in the case of Guam, American Samoa, 
the Virgin Islands, the Trust Territory of the Pacific Islands, or 
the Northern Marianas, 
whichever is the greater, but such payment shall not be less than the 
amount each State received for administration of programs under this 
Act for fiscal vear 1978. 
"(b) (1) There are authorized to be appropriated such sums as may 
be necessary to carry out the provisions of this part for the fiscal year 
1979 and for each succeeding fiscal year ending prior to October 1,1983. 
"(2) No funds are authorized to be appropriated under this sub-
section for obligation by the Commissioner during any fiscal year 
unless— 
"(A) the amount appropriated under this subsection is suffi-
cient to pay the full amount for which each State is eligible under 
subsection (a) of this section for that fiscal year, and 
"(B) the sums appropriated pursuant to this subsection are 
included in an act making appropriations for the fiscal year prior 
to the fiscal year in which such sums will be obligated, and are 
made available for expenditure prior to the beginning of such 
fiscal year. 
"(3) Whenever the requirements of paragraph (2) are not met, 
each State shall receive payments under section 194 and under section Ante, p. 2196. 
404(a) (8) of this Act, for the administration of the programs in 
accordance with subpart 2 of part C of title I and title IV of this Act, 
and sections 435 and 436 of the General Education Provisions Act. 
"(c)(1) The Commissioner is authorized to pay to each State in 
addition to the amount authorized under the preceding subsection an 
amount not to exceed 25 per centum of the amount authorized for that 
State under the preceding subsection in cases where— 
"(1) such funds are used solely for purposes of monitoring, 
audit resolution, enforcement, or other similar activities which 
Ante, pp. 2183, 
2229. 
Payment of 
additional 
amounts. 
92 STAT. 2248 
PUBLIC LAW 95-561--NOV. 1, 1978 
are directly and exclusively related to the enforcement of the 
Ante, pp. 2153, 
requirements of titles I and IV of this Act and of this part, / 
2229. 
"(2) the State applies to receive such individual funds and, 
in the annual application submitted under section 142 of this Act 
specifically describes the intended uses of such funds, and 
"(3) such funds are used to supplement, and not supplant, 
funds from non-Federal sources for such enforcement purposes. 
Appropriation 
«(2) There are authorized to be appropriated such sums as may 
authorization. 
Y>e necessaiT to carry out the provisions of paragraph (1) of this 
subsection for the fiscal year 1979 and for each succeeding fiscal year 
ending prior to October 1,1983. 
"PART B—STRENGTHENING STATE EDUCATIONAL AGENCY MANAGEMENT 
"ACTFvrnES AUTHORIZED 
20 use 3161. 
"SEC 521. The amounts available to each State for the purposes of 
this part shall be used by the State educational agency of that State 
to strengthen the educational leadership resources of that agency and 
to assist that agency in identifying and meeting the critical educa-
tional needs of the State. Such activities may include— 
"(1) developing more equitable means of financing education 
in the State; 
"(2) providing resources to other branches of the State gov-
ernment to conduct analyses of educational issues facing the State; 
"(3) developing statewide programs to assess the educational 
progress of students in the State in both public and private schools, 
including testing programs and other methods of assessing student 
achievement in reading, writing, and mathematics; 
"(4) providing technical assistance to local educational agen-
cies for improving planning, management of State and Federal 
programs, citizen involvement, and staff development; 
"(5) providing technical assistance to local educational agen-
cies for improving their instructional programs, including pro-
grams that enable parents to assist in the instruction of their 
children at home; 
"(6) workshops, conferences, and other means of providing 
communication among educators and between educators and the 
public; 
"(7) dissemination of information concerning effective educa-
tional practices; 
"(8) coordinating public educational programs with those car-
ried out in private nonprofit elementary and secondary schools in 
the State, and monitoring the requirements of Federal programs 
with respect to the participation therein of children enrolled in 
those schools; 
"(9) professional development of employees of the State edu-
cational agency; and 
"(10) developing curricular materials and programs. 
"PROGRAM REQUIREMENTS 
20 use 3162. 
"SEC. 522. Each State which desires to participate in programs 
under this part shall submit to the Commissioner a State plan which 
sets forth in such detail as the Commissioner prescribes the purposes 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2249 
for which funds provided under this part will be used by the State 
educational asency. The plan shall also set forth— 
"(1) the means by which the State will make information and 
technical assistance available to private nonprofit school officials 
who desire to arrange for children in those schools to participate 
in Federal elementary and secondary education programs; and 
"(2) a comprehensive plan for the coordination of Federal and 
Sta^^e funds for training activities for educational personnel in 
the State including preservice and inservice training, which plan 
^ 
shall be developed with the involvement of teachers, professional 
associations, institutions of higher education, and other interested 
individuals and organizations. 
"AUTHORIZATION OF ArPROPRIATIONS 
"SEC. 523. (a) There are authorized to be appropriated for the pur- 20 USC 3163. 
poses of this part such sums as may be necessary for fiscal year 1980 
and for each of the succeeding fiscal years ending prior to October 1, 
1983. 
"(b) No funds are authorized to be appropriated under this sub-
section for obligation by the Commissioner during any fiscal year 
unless— 
" (A) the amount appropriated under this subsection is at least 
equal to 15 percent of the amount appropriated for part C of title 
IV for that fiscal year, and 
^»'«» P- 2237. 
"(B) the sums appropriated pursuant to this subsection are 
included in an Act making appropriations for the fiscal year prior 
to the fiscal year in which such sums will be obligated, and are 
made available for expenditure prior to the beginning of such 
fiscal year. 
"(c) Whenever the requirements of subsection (b) are not met, each 
State may reserve sums under section 404(a) (9) of this Act. 
"PART C—COUNCILS ON QUALITY IN EDUCATION 
"NATIONAL AND STATE ADVISORY COUNCILS 
"SEC. 531. (a) (1) There is hereby established a National Council 
on Quality in Education (hereafter referred to as the 'National Coun-
cil') composed of fifteen members appointed by the President, by and 
with the advice and consent of the Senate. The membership of the 
National Council shall include persons who are familiar with the 
educational needs and goals of the Nation, persons with competence in 
assessing the progress of the education agencies, institutions, and orga-
nizations in meeting those needs and achieving those goals, persons 
familiar with the administration of State and local educational agen-
cies and of institutions of higher education, and persons representative 
of the general |)ublic. Members shall 'be appointed without regard to 
political affiliation. Members shall be appointed for terms of three 
years, except that (A) in the case of initial members, one-third of the 
members shall be appointed for terms of one year each and one-third 
of the members shall be appointed for terms of two years each, and 
(B) appointments to fill the unexpired portion of any term shall be 
for such portion only. 
"(2) The National Council shall— 
_, 
, 
Functions. 
National Council 
on Quality 
Education, 
establishment. 
20 USC 3171. 
Membership. 
92 STAT. 2250 
PUBLIC LAW 95-561—NOV. 1, 1978 
" (A) review the administration of, general regulations for, and 
operation of the programs assisted under this title at the Federal, 
State, and local levels, and other Federal education programs; 
"(B) advise the Commissioner and, when appropriate, the Sec-
retary and other Federal officials with respect to the educational 
needs and goals of the Nation and assess the progress of the edu-
cational agencies, institutions, and organizations of the Nation 
toward meeting those needs and achieving those goals; 
"(C) conduct objective evaluations of specific education pro-
grams and projects in order to ascertain the effectiveness of such 
programs and projects in achieving the purpose for which they 
are intended; 
"(D) review, evaluate, and transmit to the Congress and the 
President the reports submitted pursuant to clause (E) of para-
graph (3) of subsection (b) of this section; 
' ' 
"(E) make recommendations (including recommendations for 
changes in legislation) for the improvement of the administration 
and operation of education programs including the programs 
authorized by this title; 
"(F) consult with Federal, State, local, and other educational 
agencies, institutions, and organizations with respect to assessing 
education in the Nation and the improvement of the quality of 
education, including— 
"(i) areas of unmet needs in education and national goals 
and the means by which those areas of need may be met and 
those national goals may be achieved; 
"(ii) determinations of priorities among unmet needs and 
national goals ; 
" (iii) specific means of improving the quality and effective-
ness of teaching, curricula, and educational media and of 
raising standards of scholarship and levels of achievement; 
and 
"(G) conduct national conferences on the assessment and 
improvement of education, in which national and regional educa-
tion associations and organizations. State and local education 
officers and administrators, and other organizations, institutions, 
and persons (including parents of children participating in 
Federal education programs) may exchange and disseminate 
''; 
information on the improvement of education; and 
"(H) conduct, and report on, comparative studies and evalua-
tions of education systems in foreign countries. 
J 
"(3) No member of the council shall evaluate any program or proj-
ect if such member is associated with the program or project as a con-
sultant, technical advisor, or in any other similar capacity. 
Report to 
"(4) The National Council shall make an annual report, and such 
Congress and 
other reports as it deems appropriate on its findings, recommendations, 
President 
g^jj^j activities to the Congress and the President. The President is 
requested to transmit to the Congress, at least annually, such comments 
and recommendations as he may have with respect to such reports and 
its activities. 
"(5) In carrying out its responsibilities under this section, the 
National Council shall consult with the National Advisory Council on 
the Education of Disadvantaged Children, and such other advisory 
councils and committees as may have information and competence to 
assist the National Council. AH Federal agencies are directed to 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2251 
cooperate with the National Council in assisting it in carrying out its 
functions. 
" (b) (1) Any State receiving payments under this title for any fiscal 
year may establish a State advisory council (hereinafter referred to as 
'State council') which if it meets the rec^uirements and has the author-
ity specified in this subsection may receive payments pursuant to sub-
section (c). The State council shall be appointed by the Governor or, in 
the case of States in which the members of the State educational 
agency are elected (including election by the State legislature), by 
such agency. 
"(2) The State council established pursuant to this subsection shall 
be broadly representative of the educational resources of the State and 
of the public. Kepresentation on the State council shall include, but 
not be limited to persons representative of— 
"(A) public and nonprofit private elementary and secondary 
schools; 
"(B) institutions of higher education; 
"(C) areas of competence in planning and evaluating educa-
tion programs, and the assessment of the effectiveness of, and the 
administration of, such programs at the State and local levels; 
and 
"(D) areas of competence dealing with children for whom spe-
cial educational assistance is available under this Act. 
" (3) The State council shall— 
"(A) prepare and submit through the State educational agency 
a report of its activities, recommendations, and evaluations, 
together with such additional comments as the State educational 
agency deems appropriate, to the Commissioner and the National 
Council at such times, in such form, and in such detail, as the 
Commissioner may prescribe; 
"(B) advise the State educational agency on the preparation 
of, and policy matters arising in the administration of. State and 
local educational programs in the Statej including the develop-
ment of criteria for approval of applications for assistance under 
this title; 
"(C) advise State and local officials who have a responsibility 
for education in the State with respect to the planning, evaluat-
ing, administration, and assessment of education in the State; 
"(D) review and make recommendations to the State educa-
tional agency on the action to be taken with respect to applications 
for assistance under this title by local educational agencies; and 
"(E) evaluate programs and projects assisted under this title. 
" (4) Any such State shall certify the establishment and membership 
of its State council to the Commissioner. 
"(5) Such State council shall meet within thirty days after its cer-
tification has been accepted by the Commissioner and select from 
among its membership a chairman. The time, place, and manner of 
meeting shall be as provided by the rules of the State council, except 
that such rules must provide for not less than one public meeting each 
year at which the public is given opportunity to express views concern-
ing the operation of programs and projects assisted under this title. 
"(6) Such State council shall be authorized to obtain the services of 
such professional, technical, and clerical personnel as may be neces-
sary to enable them to carry out their functions under this title and 
State advisory 
council, 
establishment. 
Personnel. 
Certification. 
Professional and 
other personnel. 
92 STAT. 2252 
PUBLIC LAW 95-561—NOV. 1, 1978 
Appropriation 
authorization. 
Emergency 
School Aid Act 
to contract for such services as may be necessary to enable them to 
carry out their evaluation functions. 
"(c) (1) There are authorized to be appropriated for each fiscal year 
such sums, not in excess of 21^ per centum of the amount otherwise 
appropriated for such vear for the purposes of this title, as may be 
necessary to carry out the provisions of this subsection.". 
TITLE VI—ESTABLISHMENT OF A NEW TITLE VI OF 
THE ELEMENTARY AND SECONDARY EDUCATION ACT 
OF 1965 
EMERGENCY SCHOOL AID 
SEC. 601. (a) Title VT of the Act is amended to read as follows: 
^'TITLE VI—EMERGENCY SCHOOL AID 
u 
SHORT TITLE 
20 use 3191. 
"SEC. 601. This title may be cited as the 'Emergency School Aid Act' 
u 
20 use 3192. 
Guidelines and 
criteria. 
20 use 3193. 
42 use 2000d. 
Ante, p. 2188. 
FINDINGS AND PURPOSE 
"SEC. 602. (a) The Congress finds that the process of eliminating or 
preventing minority group isolation and improving the quality of 
education for all children often involves the expenditure of additional 
fimds to which local educational agencies do not have access. 
"(b) The purpose of this title is to provide financial assistance— 
"(1) to meet the special needs incident to the elimination of 
minority group segregation and discrimination among students 
and faculty in elementary and secondary schools; and 
"(2) to encourage the voluntary elimination, reduction, or pre-
vention of minority group isolation in elementary and secondary 
schools with substantial proportions of minority group students. 
" P O L I C Y WITH R E S P E C T TO THE APPLICATION OF CERTAIN PROVISIONS OF 
FEDERAL LAW 
"SEC. 603. (a) It is the policy of the United States that guidelines 
and criteria established pursuant to this title shall be applied uni-
formly in all regions of the United States in dealing with conditions 
of segregation by race in the schools of the local educational agencies 
of any State without regard to the origin or cause of such segregation. 
"(b) It is the policy of the United States that guidelines and 
criteria established pursuant to title VI of the Civil Rights Act of 
1964 and section 182 of the Elementary and Secondary Education 
Amendments of 1966 shall be applied uniformly in all regions of the 
United States in dealing with conditions of segregation by race 
whether de jure or de facto in the schools of the local educational 
agencies of any State without regard to the origin or cause of such 
segregation. 
u 
AUTHORIZATION 
20 use 3194, 
"SEC. 604. (a) The Assistant Secretary shall, in accordance with the 
provisions of this title, carry out a program designed to achieve the 
purpose set forth in section 602(b). The Assistant Secretary shall 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2253 
delegate the responsibilities for the operation for such program to the 
Commissioner. 
"(b) (1) There are authorized to be appropriated for the purposes 
of this title, to be apportioned among the States in accordance with 
section 605, $155,000,000 for fiscal year 1980 and for each of the three 
succeeding fiscal years. 
" (2) There are further authorized to be appropriated for the pur-
pose of this title $245,000,000 for fiscal year 1980 and for each of the 
three succeeding fiscal years for special programs and projects under 
section 608 (except subsection (b) thereof) and under section 611^ and 
for evaluations under section 613. From the amount appropriated 
under this subsection for any fiscal year, the Assistant Secretary shall 
reserve $20,000,000 or 25 per centum of such sums appropriated under 
this title, whichever is greater, for the purpose of carrying out pro-
grams and projects described in section 608(a) (1) through (3) and 
shall reserve 7 per centum for the projects described in section 611. 
" (3) There are further authorized to be appropriated for the purpose 
of this title $15,000,000 for the fiscal year 1980 and for each of the 
three succeeding fiscal years for programs and projects designed to 
support the development or implementation of plans under section 
608(b). 
"(c)(1) There are further authorized to be appropriated for the 
purpose of this title $7,250,000 and such additional sums as majr be 
necessary for fiscal year 1980 and for each of the three succeeding fiscal 
years for providing compensatory services to students who had previ-
ously received such services funded in whole or in part under title I of 
this Act, but who are no longer receiving such services as a result of ^"^^' P- 2153. 
attendance area or enrollment changes under a plan implemented or 
ordered after August 21, 1974, if the plan meets the requirements of 
section 606(a) (1) (A), (B), (C),or (D) for eligibility for assistance 
under this title. 
"(2) Funds made available under paragraph (1)— 
"(A) shall not be used in any manner which would result in the 
isolation of the students described in such paragraph from other 
students in the school to which the students so described have been 
assigned by such plan; and 
"(B) shall be used to establish compensatory education pro-
grams, not less than 30 per centum of the enrollment in which 
is such other students, except that— 
"(i) if such school receives funds under provisions of this 
title other than this subsection, such funds shall be used to 
provide such services to such other students; or 
" (ii) if such school does not receive such funds, funds pro-
vided under this subsection may be used for such other stu-
dents, not exceeding 30 per centum of the enrollment in such 
program. 
"APPORTIONMENT AMONG STATES 
"SEC. 605. (a) From the sums appropriated pursuant to section 20 USC 3195. 
604(b) (1) for any fiscal year, the Assistant Secretary shall apportion 
to each State for grants and contracts within the State $75,000 plus 
an amount which bears the same ratio to such sums as the number 
of minority group children aged five through seventeen, inclusive, 
in that State bears to the number of such children in all States, except 
that the amount apportioned to any State shall not be less than 
92 STAT. 2254 
PUBLIC LAW 95-561—NOV. 1, 1978 
$100,000. The number of such children in each State and in all of the 
States shall be determined by the Assistant Secretary on the basis of 
the most recently available satisfactory data. 
"(b) (1) The amount by which any apportionment to a State for a 
fiscal year under subsection (a) exceeds the amount which the Assist-
ant Secretary determines will be required for that fiscal year for pro-
grams and projects within that State shall be available either— 
" (A) for reapportionment to other States for which the amount 
so apportioned is insufficient for approvable programs or proj-
ects for that fiscal year, or 
"(B) for special programs and projects under section 608(a), 
whichever the Assistant Secretary determines will best achieve the 
purposes of this title. The Assistant Secretary shall distribute any 
amounts reapportioned among the States pursuant to clause (A) in 
proportion to the need of eligible applicants in each such State for 
approvable programs or projects. 
"(2) The Assistant Secretary shall not fix a date for reapportion-
ment, pursuant to this subsection, of any portion of any apportionment 
to a State for a fiscal year which date is earlier than one hundred and 
twenty days prior to the end of such fiscal year. 
"(3) Notwithstanding the provisions of paragraph (1) of this sub-
section, no portion of any apportionment to a State for a fiscal year 
shall be available for reapportionment pursuant to this subsection 
unless the Assistant Secretary determines that the application for 
assistance under this title which have been filed by eligible applicants 
in that State for which a portion of such apportionment has not been 
reserved (but which would necessitate use of that portion) are appli-
cations which do not meet the requirements of this title, as set forth 
in sections 606, 607, and 610, or which set forth programs or projects 
of such insufficient promise for achieving the purposes of this title 
stated in section 602(b) that their approval is not warranted. 
u 
ELIGIBILITT FOR ASSISTANCE 
20 use 3196. 
"SEC. 606. (a) (1) The Assistant Secretary is authorized to make a 
grant to, or a contract with, a local educational agency— 
" (A) which is implementing a plan— 
"(i) which has been undertaken pursuant to a final order 
issued by a court of the United States, or a court of any State, 
or any other State agency or official of competent jurisdiction, 
and which requires the dese^egation of minority group seg-
regated children or faculty in the elementary and secondary 
schools of such agency, or otherwise requires the elimination 
or reduction of minority group isolation in such schools, and 
which may, in addition, require educational activities in 
i 
ininority group isolated schools not affected by the reassign-
ment of children or faculty under the plan in order to remedy 
the effects of illegal segregation; or 
"(ii) which has been approved by the Secretary as ade-
42 use 2000d. 
quate under title VI of the Civil Eights Act of 1964 for the 
/ 
desegregation of minority group segregated children or fac-
/ 
tilty in such schools; or 
"(B). which, without having been required to do so, has adopted 
imd is implementing, or will, if assistance is made available to it 
under this title, adopt and implement, a plan for the complete 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2255 
elimination of minority group isolation in all the minority group 
isolated schools of such agency; or 
"(C) which has adopted and is implementing, or will, if assist-
ance is made available to it under this Act, adopt and implement 
a plan— 
"(i) to eliminate or reduce minority group isolation in one 
or more of the minority group isolated schools of such agency, 
" (ii) to reduce the total number of minority group children 
who are in minority group isolated schools of such agency, or 
" (iii) to prevent minority group isolation reasonably likely 
to occur (in the absence of assistance under this title) in any 
school in such district in which school at least 20 per centum, 
but not more than 50 per centum, of the enrollment consists of 
such children, or 
"(D) which, without having been required to do so, has adopted 
and is implementing, or will, if assistance is made available to it 
under this title, adopt and implement a plan to enroll and edu-
cate in the schools of such agency children who should not other-
wise be eli^ble for enrollment because of nonresidence in the 
school district of such agency, where such enrollment would make 
I 
a signiJ&cant contribution toward reducing minority group isola-
tion in one or more of the school districts; or 
"(E) which is developing a plan of desegregation— 
"(i) issued by a court of the United States or a court of 
any State, or any other State agency or official of competent 
jurisdiction, or 
"(ii) undertaken by such agency voluntarily, and 
which plan will require the desegregation of minority group seg-
regated children or faculty in the elementary and secondary 
schools of such agency, or otherwise will require the elimination 
or reduction of minority group isolation in such schools, or which 
has been approved by the Secretary as adequate under title VI 
of the Civil Eights Act of 1964 for the desegregation of minority 
group segregated children or faculty in such schools, and the 
period for such planning does not exceed two years. 
Grants under clause (E) shall be from funds appropriated to carry 
out the purposes of section 608, and not more than one grant for the 
development of a plan under clause (E) of this paragraph may be 
made to any local educational agency. Receipt of a grant or contract 
under clause (E) of this paragraph shall not be used as an absolute 
defense in any court of the United States, or a court of any State, 
or before any other State agency or official of competent jurisdiction. 
"(2) (A) The Assistant Secretary is authorized, in accordance with 
special eligibility criteria established by regulation for the purposes 
of this paragraph, to make grants to, and contracts with, local edu-
cational agencies for the purposes of section 609(a) (1). 
" (B) A local educational agency shall be eligible for assistance under 
this paragraph only if— 
"(i) such agency is located within, or adjacent to, a Standard 
Metropolitan Statistical Area; 
"(ii) the schools of such agency are not attended by minority 
group children in a significant number or proportion: and 
"(lii) such local educational agency has made joint arrange-
ments with a local educational agency, located within that Stand-
ard Metropolitan Statistical Area, and the schools of which are 
42 use 2000d. 
Assistance, 
eligibility, 
conditions. 
92 STAT. 2256 
PUBLIC LAW 95-561—NOV. 1, 1978 
Grant or contract, 
eligibility. 
Assistance, 
noneligibility 
conditions. 
Exception. 
attended by minority group children in a significant proportion, 
for the establishment or maintenance of one or more integrated 
schools as provided in section 617(3). 
"(b) No local educational agency making application under this 
section shall be eligible to receive a grant or contract in an amount in 
excess of the amount determined by the Assistant Secretary, in accord-
ance with regulations setting forth criteria established for such pur-
pose, to be the additional cost to the applicant arising out of activities 
authorized under this title, above that of the activities normally car-
ried out by the local educational agency, 
"(c)(1) Except as provided in paragraph (2), no educational 
agency shall be eligible for assistance under this title if it has, after 
June 23,1972— 
"(A) transferred (directly or indirectly by gift, lease, loan, 
' 
sale, or other means) real or personal property to, or made any 
services available to, any transferee which it knew or reasonably 
should have known to be a nonpublic school or school system (or 
any organization controlling, or intending to establish, such a 
school or school system) without prior determination that such 
nonpublic school or school system (i) is not operated on a racially 
segregated basis as an alternative for children seeking to avoid 
attendance in desegregated public schools, and (ii) does not other-
wise practice, or permit to be practiced, discrimination on the 
basis of race, color, or national origin in the operation of any 
school activity; 
"(B) had in effect any practice, policy, or procedure which 
results in the disproportionate demotion or dismissal of instruc-
tional or other personnel from minority groups in conjunction 
with desegregation or the implementation of any plan or the con-
duct of any activity described in this section, or otherwise engaged 
in discrimination based upon race, color, or national origin in the 
hiring, promotion, or assignment of employees of the agency (or 
other personnel for whom the agency has any administrative 
* responsibility); 
"(C) in conjunction with desegregation or the conduct of an 
activity described in this section, had in effect any procedure for 
the assignment of children to or within classes which results in the 
separation of minority group from nonminority group children 
for a substantial portion of the school daj^, except that this clause 
does not prohibit the use of bona fide ability grouping by a local 
educational agency as a standard pedagogical practice; or 
"(D) had in effect any other practice, policy, or procedure, such 
as limiting curricular or extracurricular activities (or participa-
tion therein by children) in order to avoid the participation of 
, ; minority group children in such activities, which discriminates 
among children on the basis of race, color, or national origin; 
except that, in the case of any local educational agency which is ineli-
gible for assistance by reason of clause (A), (B), (C),or (D), such 
agency may make application for a waiver of ineligibility, which 
application shall specify the reason for its ineligibility, contain such 
information and assurances as the Secretary shall require by regulation 
in order to insure that any practice, policy, or procedure, or other 
activity resulting in the ineligibility has ceased to exist or occur and 
include such provisions as are necessary to insure that such activities 
do not reoccur after the submission of the application. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2257 
"(2) "WHienever a local educational agency applies for assistance 
under clause (E) of section 606(a) (1), the provisions of clauses (C) 
and (D) of paragraph (1) of this subsection shall not appljr if the 
local educational agency provides a&surances in the application for 
assistance that the development of the plan for which assistance is 
sought will address the conditions described in such clauses (C) and 
(D). 
"(3) (A) Applications for waivers under paragraph (1) may be 
approved only by the Secretary. The Secretary's functions under this 
paragraph shall, notwithstanding any other provision of law, not be 
delegated. 
"(B) Application for waiver shall be granted by the Secretary upon 
determination that any practice, policy^ procedure or other activity 
resulting in ineligibility has ceased to exist, and that the applicant has 
given satisfactory assurance that the activities prohibited in this sub-
section will not reoccur. 
" (4) No application for assistance under this title shall be approved 
prior to a determination by the Secretary "that the applicant is not 
ineligible by reason of this subsection. 
" (5) All determinations pursuant to this subsection shall be carried 
out in accordance with criteria and investigative procedures estab-
lished by regulations of the Secretary for the purpose of compliance 
with this subsection. 
"(6) All determinations and waivers pursuant to this subsection 
shall be in writing. 
"(7) The Assistant Secretary shall prepare and include in the 
annual report required by section 422(a) (4) of the General Education 
Provisions Act a list of all the waivers granted under this subsection 20 USC 1231a. 
for the preceding fiscal year. 
u 
AUTHORIZED ACTIVITIES 
"SEC. 607. (aj The Assistant Secretary shall make sums appropri- 20 USC 3197. 
ated under section 604(a) for any fiscal year available for programs 
and projects designed to meet educational needs that arise from the 
development of or the implementation of a plan described in section 
606(a). Those programs and projects may include, but are not limited 
to— 
"(1) the training of school staff and local educational agency 
staff in the handling of problems incident to the implementation 
of a qualifying plan; 
"(2) the' provision of additional staff members (including 
teacher aides) to assist in meeting educational needs that arise 
from the implementation of the plan; 
"(3) the development or acquisition of new curricula, methods, 
practices, techniques, or materials to support a program of instruc-
tion for children from all racial, etlmic, and economic back-
grounds, including instruction in the language and cultural herit-
age of minority groups; 
"(4) innovative educational activities, including extracurricu-
lar activities, which involve the joint participation of minority 
group children and other children: 
"(5) community relations activities, including public infor-
mation efforts, in support of the implementation of a qualifying 
plan; 
9-194 O—80—pt. 2 
62 : QL3 
92 STAT. 2258 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(6) planning, evaluation, dissemination, and other adminis-
trative activities directly related and necessary to other activities 
Q 
in the program or project; 
"(7) repair or minor remodeling or alteration of existing school 
3 
facilities (including the acquisition, installation, modernization, 
or replacement of instructional equipment) and the lease or pur-
chase of mobile classroom units or other mobile education facili-
f
: 
ties, where necessary to carry out other activities in the program 
or project; 
"(8) the provision of compensatory services to children who 
Ante, p. 2153. 
have received such services under title I but who are no longer 
eligible to receive those services as a result of attendance area 
changes under a qualifying plan; 
"(9) activities to prevent or eliminate recurring or continuing 
problems resulting from the implementation of a qualifying plan; 
"(10) planning to implement or carry out a plan of desegre-
§ation issued by a court of the United States, or a court of any 
tate, or any other State agency or official of competent jurisdic-
tion, and which requires the desegregation of minority group 
segregated children or faculty in the elementary and secondary 
schools of such agency, or otherwise requires the elimination or 
reduction of minority group isolation in such schools or which 
has been approved by the Secretary as adequate under title VI 
42 use 2000d. 
of the Civil Rights Act of 1964 for the desegregation of minority 
group segregated children or faculty in such schools; and 
<i 
" (11) in the case of an applicant implementing a court-ordered 
desegregation plan under section 606(a) (l)(A)(i), the conduct 
' -•'•^' •'•'• 
of educational activities in one or more minority group isolated 
schools which are not affected by the reassignment of children or 
faculty under the plan, where the activities have been required 
by the court to remedy the effects of illegal segregation. 
*' (b) In recruiting and hiring teacher aides to assist in carrying out 
a program or projects under this section the local educational agency 
shall give preference to parents of children affected by the implemen-
tation of a qualifying plan. 
"SPECIAL PROGRAMS AND PROJECTS 
20 use 3198. 
"SEC. 608. (a) From the amount appropriated for any fiscal year 
under section 604(b), the Assistant Secretary is authorized to make 
grants to, and contracts with. State and local educational agencies, 
and other public and private nonprofit agencies and organizations (or 
a combination of such agencies and organizations) for the purpose of 
carrying out activities which the Assistant Secretary determines will 
make substantial progress toward achieving the purposes of this title, 
including, but not limited to— 
"(1) the planning for, design of, and conduct of programs in 
magnet schools; 
" (2) the pairing of schools and programs with institutions of 
higher education and with businesses; 
"(3) the development of plans for neutral site schools; 
"(4) activities designed to meet the needs of minority group 
children of limited English language proficiency enrolled in the 
schools of a local educational agency eligible for assistance under 
section 606; and 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2259 
"(5) the development and production of integrated children's 
television and radio programs of cognitive and affective educa-
tional value, as described in section 611. 
"(b) From the amount appropriated for any fiscal year under 
section 604(b) (3), the Assistant Secretary, in cases in which it would 
effectively carry out the purpose of this title stated in section 602(b), 
may assist by grant or contract any public or private nonprofit agency, 
institution, or organization (other than a local educational agency) 
in any State to carry out programs or projects designed to support 
the development or implementation of a plan described in section 
606(a). 
"(cWl) From the amount available for the purposes of this section 
for each fiscal year, the Assistant Secretary shall carry out a program 
of making grants to State educational agencies, or other State agencies 
involved in or responsible for the desegregation of public elementary 
and secondary schools, to pay a portion of the cost of State activities 
related to— 
"(A) planning (i) for the implementation of voluntary plans 
to eliminate or reduce minority group isolation in those schools, 
and (ii) to assess future needs, and to develop further strategies 
to meet those needs; 
"(B) providing technical assistance to encourage local educa-
tional agencies or groups of those agencies to develop or imple-
ment voluntary plans to eliminate or reduce minority group 
isolation in those schools; and 
"(C) providinsr training for educational personnel involved in 
developing or carrying out a voluntary plan to eliminate or reduce 
minority group isolation in those schools. 
"(2) The amount of assistance made available to a State under this 
subsection for any fiscal year shall be twice the amount of State funds 
expended in the preceding fiscal year for the activities listed in para-
f
raph (1). The amount provided to a State under this section for any 
seal year shall not exceed— 
"(A) 10 per centum of the amount apportioned to the State 
for that fiscal year under section 605, or 
"(B) $500,000, 
whichever is greater. 
"(3) No grant may be made to a State under this subsection unless 
the application for that grant has been developed in consultation with 
teachers, educators, parents (including parents of minority group 
children), and representatives of the general public (including repre-
sentatives of minority groups), of whom the proportion of minority 
group individuals shall be approximately the same as the proportion 
of minority group children enrolled in the elementary and secondary 
schools in the State. 
Grants and 
contracts. 
Assistance for 
State 
activities. 
Grant 
applications. 
"METROPOLITAN AREA PROJECTS 
"SEC. 609. (a) Sums available to the Assistant Secretary under 20 USC 3199. 
section 608 for metropolitan area projects shall be available for the 
following purposes: 
"(1) A program of grants to, and contracts with local educa-
tional agencies which are eligible under section 606 (a) (2) in order 
92 STAT. 2260 
PUBLIC LAW 95-561—NOV. 1, 1978 
to assist them in establishing and maintaining integrated schools 
as defined in section 617 (3). 
"(2) A program of grants to groups of local educational agen-
_ 
cies located in a Standard Metropolitan Statistical Area for 
the joint development of a plan to reduce and eliminate minority 
group isolation, to the maximum extent possible, in the public 
elementary and secondary schools in the Standard Metropolitan 
Statistical Area, which shall, as a minimum, provide that by a 
date certain, but in no event later than July 1,1983, the percentage 
of minority group children enrolled in each school in the Standard 
Metropolian Statistical Area shall be at least 50 per centum of 
the percentage of minority group children enrolled in all the 
schools in the Standard Metropolitan Statistical Area. No grant 
may be made under this paragraph unless— 
"(A) two-thirds or more of the local educational agencies 
in the Standard Metropolitan Statistical Area have approved 
the application, and 
"(B) the number of students in the schools of the local 
educational agencies which have approved the application 
constitutes two-thirds or more of the number of students in 
the schools of all the local educational agencies in the Stand-
ard Metropolitan Statistical Area. 
"(b) In making grants and contracts under this section, the Assist-
ant Secretary shall insure that at least one grant shall be for the pur-
poses of paragraph (2) of subsection (a). 
"APPLICATIONS 
20 use 3200, 
"SEC. 610. (a) Any local educational agency desiring to receive assist-
ance under this title shall submit to the Assistant Secretary, at such 
time, in such form, and containing only such information as the Secre-
tary and the Assistant Secretary deem necessary to carry out their 
functions under this title, an application describing the activities to be 
carried out under the application during the period, not to exceed five 
Information, 
academic years, for which assistance is being sought. That application, 
availability to 
together with all correspondence and other written materials relating 
public. 
thereto, shall be made readily avwlable to the public by the applicant 
and by the Assistant Secretary. The Assistant Secretary may approve 
;. 
an application only upon a determination that such application— 
"(1) has been developed— 
"(A) in open consultation with parents, teachers and, 
where applicable, secondary school students, including at 
least one public hearing at which such persons have had a full 
opportunity to understand the program for which assistance 
is being sought and to offer recommendations thereupon, and 
"(B) with the participation of a committee composed of 
parents of children enrolled in the applicant's schools, teach-
ers and, where applicable, secondary school students, of which 
at least half the members shall be such parents and at least 
half shall be persons from minority groups; 
"(2) sets forth such policies and procedures as will insure that 
the program for which assistance is sought will be operated in 
consultation with, and with the involvement of, parents of the 
children and representatives of the area to be served, including 
the committee established for the purposes of clause (1) (B); 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2261 
"(3) sets forth such policies and procedures, and contains such 
information, as will insure that funds paid to the applicant under 
the application will be used solely to pay the additional cost to the 
applicant in carrying out the program described in the 
application; 
"(4) contains such assurances and other information as will 
insure that the program for which assistance is sought will be 
administered by the applicant, and that any funds received by the 
applicant, and any property derived therefrom, will remain under 
the administration and control of the applicant; 
"(5) provides that the plan with respect to which such agency 
is seeking assistance (as specified in section 606(a) (1) (A)) does 
not involve freedom of choice as a means of desegregation, unless 
the Assistant Secretary determines that freedom of choice has 
achieved, or will achieve, the complete elimination of a dual 
school system in the school district of such agency; 
"(6) provides assurances that such agency will carry out, and 
comply with, all provisions, terms, and conditions of any plan, 
as described in section 606, upon which a determination of its 
eligibility for assistance under this title is based; 
"(7) sets forth such policies and procedures, and contains such 
information, as will insure that funds made available to the appli-
cant (A) under this title will be so used (i) as to supplement 
the level of funds that would, in the absence of such funds, be 
made available from non-Federal sources for the purposes of the 
program for which assistance is sought, and for promoting the 
integration of the schools of the applicant, and for the education 
of children participating in such program, and (ii) in no case, 
as to supplant such funds from non-Federal sources, and (B) 
under any other law of the United States will, in accordance with 
standards established by regulation, be used in coordination with 
such programs to the extent consistent with such other law, except 
that nothing in this clause shall prohibit the use of funds 
under this title for otherwise authorized activities required under 
a court-ordered plan described in section 606(a) (1) (A) (i); 
"(8) provides that (A) to the extent consistent with the num-
ber of minority group children in the area to be served who are 
enrolled in private nonprofit elementary and secondary schools 
which are operated in a manner free from discrimination on the 
basis of race, color, or national origin, and which do not serve as 
alternatives for children seeking to avoid attendance in desegre-
gated or integrated public schools, whose participation would 
assist in achieving the purpose of this title stated in section 602 (b), 
provides assurance that such agency (after consultation with the 
appropriate private school officials) has made provision for their 
participation on an equitable basis, and (B) to the extent consis-
tent with the number of children, teachers, and other educational 
staff in the school district of such agency enrolled or employed 
in private nonprofit elementary and secondary schools whose par-
ticipation would assist in achieving the purpose of this title 
vStated in section 602(b), such agency (after consultation with 
the appropriate private school officials) has made provisions for 
their participation on an equitable basis; 
" (9) provides that the applicant has not reduced its fiscal effort 
per student or the aggregate expenditure for the provision of free 
92 STAT. 2262 
PUBLIC LAW 95-561—NOV. 1, 1978 
Reports. 
Recordkeeping. 
Ante, p. 2153. 
Notice of 
ineligibility. 
Applications, 
criteria for 
approval. 
public education for children in attendance at the schools of such 
agency for the fiscal year for which assistance is sought under this 
title to less than that of the second preceding fiscal year; 
"(10) provides that the appropriate State educational agency 
has been given reasonable opportunity to offer recommendations 
to the applicant and to submit comments to the Assistant 
Secretary; 
"(11) sets forth effective procedures, including provisions for 
objective measurement of change in educational achievement and 
other change to be effected by programs conducted under this title, 
for the continuing evaluation of programs under this title, includ-
ing their effectiveness in achieving clearly stated program goals, 
their impact on related programs and upon the community served, 
and their structure and mechanisms for the delivery of services, 
and including, where appropriate, comparisons with proper con-
trol groups composed of persons who have not participated in such 
programs or projects; 
"(12) provides (A) that the applicant will make periodic 
reports at such time, in such form, and containing such informa-
tion as the Assistant Secretary may prescribe, including, in the 
case of reports relating to performance, that the reports be con-
sistent with specific criteria related to tlie program objectives and 
(B) that the applicant will keep such records and afford such 
access thereto as— 
"(i) will be necessary to insure the correctness of such 
reports and to verify them, 
^'(ii) will be necessary to insure the public adequate access 
to such reports and other written materials; and 
"(13) provides that the applicant, in developing the program 
or project for which it seeks assistance, has considered the need 
for compensatory services for children who received those services 
under title I of this Act, but who are no longer eligible to receive 
those services as a result of attendance area changes under a quali-
fying plan. 
" (IJ) Except in the case of applications for assistance under section 
608(a), the Secretary shall determine whether the applicant is eligible 
under section 606(c), and notify the applicant in writing of any 
determination of ineligibility under that subsection, including in detail 
the relevant information on which the determination of ineligibility 
is based, not later than March 1 of the year in which the academic year 
or other period for which the assistance is sought begins. Not later than 
June 30 of that year, the Assistant Secretary shall notify the applicant 
of the approval or disapproval of the application and the amoimt of 
its award, if any. 
"(c) No application under this section may be approved which is 
not accompanied by the written comments of a committee established 
pursuant to clause (2) (B) of subsection (a). The Assistant Secretary 
shall not apj)rove an application without first affording the committee 
an opportunity for an mformal hearing if the committee requests such 
a hearing. 
"(d) In approving applications submitted under this title (except 
for those submitted under sections 608(b) and 613) the Assistant 
Secretary shall apply the following criteria: 
PUBLIC TAW 95-561—NOV. 1, 1978 
92 STAT. 2263 
"(1) the need for assistance based on the expense or difficulty 
of effectively carrying out a plan described in section 606(a) and 
the program or projects for which assistance is sought; 
"(2) the degree to which implementation of the plan described 
in section 606(a) has effected or will effect a decrease in minority 
group isolation in minority group isolated schools; 
> 
"(3) the recentnpRs of the implementation of the plan described 
in section 606(a); 
"(4) the degree to which the program or project for which 
assistance is sought affords promise of achieving the purposes 
of this title; and 
"(5) the degree to which the plan described in section 606 
involves to the fullest extent practicable the total educational 
resources, both public and private, of the community to be served. 
" (e) (1) An application of a local educational agency for assistance Duration of 
under this title may cover a period of from one to five years. A new assistance, 
application shall be required for any assistance under this title for 
years subsequent to that period. The Assistant Secretary shall base the 
decision as to the length of time for which an application will be 
, "• • 
approved on— 
"(A) the severity of the problems addressed by the program or 
project for which assistance is being sought; 
"(B) the nature of the activities proposed in the application; 
"(C) the likely duration of the problems addressed by the 
application; and 
"(D) such other criteria, established by the Assistant Secre-
tary as will assure the most effective use of this title. 
"(2) If the Assistant Secretary approves an application of a local 
educational agency under this title for a period covering more than one 
fiscal year, no subsequent application shall be required from that 
agencj'^ in any fiscal year during that period unless the agency proposes 
to carry out, in any such fiscal year, activities not included in the 
approved application. However, payments to any such agency for any 
fiscal year subsequent to the first fiscal year for which the application 
has been approved shall be made only if— 
"(A) sufficient appropriations are available for making pay-
ments in each such subsequent fiscal year; but such payments 
to applicants which are approved for a period of more than one 
year shall be made prior to any approval of funding requests from 
other applicants unless the Assistant Secretary finds that the 
urgency of needs elsewhere requires a reduction of the level of 
support for the applicants first approved; 
"(B) the Assistant Secretary determines that the agency is not 
ineligiijle for assistance under section 606(d) in each subsequent 
fiscal year; and 
"(C) the agency demonstrates, by such means as the Assistant 
Secretary may prescribe, that satisfactory progress is being made 
.; , 
, 
toward achieving the objectives of the program or projects for 
which assistance has be«n made available under this title. 
" (f) The Assistant Secretary shall not give less favorable considera-
tion to the application of a State or local educational agency (including 
an agency currently classified as legally desegregated by the Secretary) 
which has voluntarily adopted a plan qualified for assistance under 
this title (due only to the voluntary nature of the action) than to the 
92 STAT. 2264 
PUBLIC LAW 95-561—NOV. 1, 1978 
application of a local educational agency which has been legally 
required to adopt such a plan. 
Applications, 
"(g) The Assistant Secretary may, from time to time, set dates by 
filing dates. 
which applications shall be filed. 
"(h) In the case of an application by a combination of local educa-
tional agencies for jointly carrying out a program or project under this 
title, at least one such agency shall be a local educational agency 
described in section 606(a) and any one or more of such agencies 
joining in such application may be authorized to administer such 
program or project. 
"(i) No State shall reduce the amount of State aid with respect to 
the provision of free public education in any school district of any 
local educational agency within such State because of assistance made 
or to be made available ito such agency under this title. 
Grants and 
contracts. 
20 use 3201. 
"EDUCATIOXAL, TELEVISION AND RADIO 
"SEC. 611. (a)(1) The Assistant Secretary shall carry out a pro-
gram of making grants to, or contracts with, public or private non-
profit agencies, institutions, or organizations with the capability of 
providing expertise in the development of high quality television and 
radio programing, in sufficient number to assure diversity, to pay the 
cost of development and production of integrated children's television 
and radio programs of cognitive and affective educational value. 
"(2) Television and radio programs developed in whole or in part 
with assistance provided under this title shall be made reasonably 
available for transmission, free of charge, and shall not be transmitted 
under commercial sponsorship. 
" (3) The Assistant Secretary may approve an application under this 
section only if he determines that the applicant— 
"(A) will employ members of minority groups in responsible 
positions in development, production, and administrative staffs; 
"(B) will assure the development of productions having a sub-
stantial artistic or educational significance; 
" (C) will use modem television and radio techniques of research 
and production; and 
"(D) has adopted effective procedures for evaluating educa-
tional and other changes achieved by children viewing the 
program. 
" (b) Grants and contracts pursuant to subsection (a) may be made 
from funds available to carry out section 604(b) (2) of this Act. 
"(c) Not to exceed 10 per centum of the amounts available for this 
section shall be used for grants and contracts for development and 
production of radio programing. 
"PAYMENTS 
20 use 3202. 
"SEC. 612. (a) Upon his approval of an application for assistance 
under this title, the Assistant Secretary shall reserve from the appli-
cable apportionment (including any applicable reapportionment) 
available therefor the amount fixed for such application. 
"(b) The Assistant Secretary shall pay to the applicant such 
reserved amount, in advance or by way of reimbursement, and in such 
installments consistent with established practice, as he may determine. 
Payments under this title for a fiscal year shall remain available for 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2265 
cbligaticn and expenditure by the recipient until the end of the suc-
ceeding fiscal year. 
"(c) (1) If a local educational agency in a State is prohibited by 
law from providing for the participation of children and staff enrolled 
or employed in private nonprofit elementary and secondary schools 
as required by paragraph (8) of section 610(a), the Assistant Sec-
retary may waive such requirement with respect to local educational 
agencies in such State and, upon the approval of an application from 
a local educational agency within such State, shall arrange for the 
provision of services to such children enrolled in, or teachers or other 
educational staff of, any nonprofit private elementary or secondary 
school located within the school district of such agency if the participa-
tion of such children and staff would assist in achieving the purpose 
of this title stated in section 602(b). The services to be provided 
through arrangements made by the Assistant Secretary under this 
paragraph shall be comparable to the services to be provided by such 
local educational agency under such application. The Assistant Sec-
retary shall pay the cost of such arrangements from such State's allot-
ment or, in the case of an application under section 608(a), from the 
sums available to the Assistant Secretary under section 604(b) for the 
purpose of that subsection. 
"(2) In determining the amount to be paid pursuant to paragraph 
(1), the Assistant Secretary shall take into account the number of 
children and teachers and other educational staff who, except for pro-
visions of State law, might reasonably be expected to participate in the 
program carried out under this title by such local educational agency. 
"(3) If the Assistant Secretary determines that a local educational 
agency has substantially failed to provide for the participation on an 
equitable basis of children and staff enrolled or employed in private 
nonprofit elementary and secondary schools as required by paragraph 
(8) of section 610(a), he shall arrange for the provision of services to 
children enrolled in, or teachers or other educational staff of, the non-
profit private elementary or secondary school or schools located within 
the school district of such local educational agency, which services 
shall, to the maximum extent feasible, be identical with the services 
which would have been provided such children or staff had the local 
educational agency carried out such assurance. The Assistant Secre-
tary shall pay the cost of such services from the grant to such local 
educational agency and shall have the authority for this purpose of 
recovering from such agency any funds paid to it under such grant. 
"(d) After making a grant or contract under this title, the Assist-
ant Secretary shall notify the appropriate State educational agency 
of the name of the approved applicant and of the amount approved. 
(( 
Waiver. 
Application 
approval, 
notification. 
EVALUATIONS 
"SEC. 613. From the amount appropriated under section 604(b) for 20 USC 3203. 
any fiscal vear, the Assistant Secretary is authorized to reserve for the 
purpose of this section not to exceed 1 per centum of the amount appro-
priated under this title for that fiscal year. From such reservation, the 
Assistant Secretary is authorized to make grants to, and contracts 
with. State educational agencies, institutions of higher education and 
private organizations, institutions, and agencies, including committees 
established pursuant to section 610(a) (1) for the purpose of evalu-
ating specific programs and projects assisted under this title. 
92 STAT. 2266 
PUBLIC LAW 95-561—NOV. 1, 1978 
u 
JOINT FUNDING 
20 use 3204. 
"SEC. 614. Pursuant to regulations prescribed by the President, 
where funds are advanced under this title, and by one or more other 
Federal agencies for any project or activity, funded in whole or in 
part under this title, any one of such Federal agencies may be desig-
Conteact or grant 
nated to act for all in administering the funds advanced. In such cases 
requirements. 
any such agency may waive any technical grant or contract require-
ment (as defined by regulations^ which is inconsistent with the similar 
requirements of the administering agency or which the administering 
agency does not impose. Nothing in this section shall be construed to 
authorize (1) the use of any funds appropriated under this title for 
any purpose not authorized herein, (2) a variance of any reservation 
or apportionment under section 604 or 605, or (3) waiver of any 
requirement set forth in sections 606 through 611. 
"ATTORNEY FEES 
20 use 3205. 
"SEC. 615. Upon the entry of a final order by a court of the United 
States against a local educational agency, a State (or any agency 
thereof), or the United States (or any agency thereof), for failure 
to comply with any provision of this title or for discrimination on the 
basis of race, color, or national origin in violation of title VI of the 
Civil Rights Act of 1964, or the fourteenth amendment to the Con-
stitution of the United States as they pertain to elementary and sec-
ondary education, the court, in its discretion, upon a finding that the 
proceedings were necessary to bring about compliance, may allow the 
prevailing party, other than the United States, a reasonable attorney's 
fee as part of the costs. 
"NEIGHBORHOOD SCHOOLS 
20 use 3206. 
"SEC. 616. Nothing in this title shall be construed as requiring any 
local educational agency which assigns students to schools on the basis 
of geographic attendance areas drawn on a racially nondiscriminatory 
basis to adopt any other method of student assignment. 
"DEFINITIONS 
20 use 3207, 
"SEC. 617. Except as otherwise specified, the following definitions 
shall apply to the terms used in this title: 
"(1) The term 'equipment' includes machinery, utilities and built-in 
'•' 
equipment and any necessary enclosures or structures to house them, 
•' 
and includes all other items necessarj for the provision of educational 
services, such as instructional equipment and necessary furniture, 
printed, published, and audiovisual instructional materials, and other 
related material. 
j 
" (2) The term 'institution of higher education' means an educational 
institution in any State which— 
"(A) admits as regular students only individuals having a cer-
tificate of graduation from a high school, or the recognized 
equivalent of such a certificate; 
"(B) is legally authorized within such State to provide a pro-
gram of education beyond high school; 
"(C) provides an educational program for which it awards a 
bachelors degree; or provides not less than a two-year program 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2267 
which is acceptable for full credit toward such a degree, or ojffers 
a two-year program in engineering, mathematics, or the physical 
or biological sciences which is designed to prepare the student to 
work as a technician and at a semiprofessional level in en^neer-
ing, scientific, or other technological fields which require the 
under-standing and application of basic engineering, scientific, or 
^'^ ' 
mathematical principles or knowledge; 
"(D) is a public or other nonprofit institution; and 
"(E) is accredited by a nationally recognized axx;rediting 
agency or association listed by the Assistant Secretary for the 
purpose of this paragraph. 
"(3) For the purpose of section 606(a) (2) and section 609(a) (1), 
the term 'integrated school' means a school with an enrollment in which 
a substantial proportion of the children is from educationally advan-
taged backgrounds, in which the proportion of minority group chil-
dren is at least 50 per centum of the proportion of minority group 
children enrolled in all schools of the local educational agencies within 
the Standard Metropolitan Statistical Area, and which has a faculty 
and administrative staff with a substantial representation of minority 
group persons. 
"(4) The term 'local educational agency' means a public board of 
education or other public aiithority legally constituted within a State 
for either administrative control or direction of, public elementary or 
secondary schools in a city, county, township, school district, or other 
political subdivision of a State, or a federally recognized Indian res-
ervation, or such combination of school districts, or counties as are 
recognized in a State as an administrative agency for its public ele-
mentary or secondary schools, or a combination of local educational 
agencies; and includes any other public institution or agency having 
administrative control and direction of a public elementary or second-
ary school and where responsibility for the control and direction of 
the activities in such schools which are to be assisted under this title is 
vested in an agency subordinate to such a board or other authority, 
the Assistant Secretary may consider such subordinate agency as a 
local educational agency for the purposes of this title. 
"(5) The term 'magnet school' means a school or education center 
that offers a special curriculum capable of attracting substantial num-
bers of students of different racial backgrounds. 
"(6) The term 'minority group' refers to (A) persons who are 
American Indians and Alaskan Natives; Asians and Pacific Islanders: 
blacks, not of Hispanic origin; Hispanics; Franco-Americans; and 
Portuguese; and (B) (except for purposes of section 605). as deter-
mined by the Assistant Secretary, persons who are from environments 
in which the dominant language is other than English and who, as a 
result of language barriers and cultural differences, do not have an 
equal educational opportunity. 
" (7) The terms 'minority group isolated school' and 'minority group 
isolation' in reference to a school mean a school and condition, respec-
tively, in which minority group children constitute more than 50 per-
centum of the enrollment of a school. 
" (8) The term 'neutral site school' means a school that is located so 
as to be accessible to substantial numbers of students of different 
racial backgrounds. 
"(9) The term 'Standard Metropolitan Statistical Area' means the 
area in and around a city of fifty thousand inhabitants or more as 
defined by the Office of Management and Budget. 
92 STAT. 2268 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(10) The term 'State' means one of the fifty States or the District 
of Columbia, and for purposes of section 608 (a) and (b), Puerto 
Rico, Guam, American Samoa, the Virgin Islands, the Northern 
Mariana Islands, and the Trust Territory of the Pacific Islands shall 
\\ck (ippiTiPf] fri OP k^f"flt"P^ 
20 use 1603. 
(b) (1) (A) Section 704(c) of the Emergency School Aid Act is 
amended by striking out "for fiscal year 1978" and inserting in lieu 
thereof "each for fiscal year 1978 and for the fiscal year 1979. 
(B) Section 704(d) of the Emergency School Aid Act is amended 
by striking out "for the fiscal year 1978" and inserting in lieu thereof 
"each for the fiscal year 1978 and for the fiscal year 1979". 
Repeal. 
(2) Title VII of the Education Amendments of 1972 is repealed 
20 use 
effective September 30,1979. 
1601-1619. 
^ 
TITLE VII—AMENDMENT TO TITLE VII OF THE ELE-
MENTARY AND SECONDARY EDUCATION ACT OF 1965 
AMENDMENT 
SEC. 701. Title VII of the Elementary and Secondary Educfl.tion 
Act of 1965 is amended to read as follows: 
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 numbers of children of limited English 
proficiency; 
" (2) that many of such children have a cultural heritage which 
differs from that of English-speaking persons; 
"(3) that a primary means by which a child learns is through 
the use of such child's language and cultural heritage; 
" (4) that, therefore, large numbers of children of limited Eng-
lish proficiency have educational needs which can be met by tne 
use of bilingual educational methods and techniques; 
"(6) that, in addition, children of limited English proficiency 
and children whose primary language is English benefit through 
the fullest utilization of multiple language and cultural resources; 
"(6) children of limited English proficiency have a high drop-
out rate and low median years of education; and 
" (7) research and evaluation capabilities in the field of bilin-
gual education need to be strengthened, 
the Congress declares it to be the policy of the United States, in order 
to establish equal educational opportunity for all children (A) to 
encourage the establishment and operation, where appropriate, of edu-
cational programs using bilingual educational practices, techniques, 
and methods, and (B) for that purpose, to provide financial assistance 
to local educational agencies, and to State educational agencies for cer-
tain purposes, in order to enable such local educational agencies to 
develop and carry out such programs in elementary and secondary 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2269 
schools, including activities at the preschool level, which are designed 
to meet the educational needs of such children, with particular atten-
tion to children having the greatest need for such programs; and to 
demonstrate effective ways of providing, for children of limited Eng-
lish proficiency, instruction designed to enable them, while using their 
native language, to achieve competence in the English language. 
" (b) (1) For the purpose of carrying out the provisions of this title. Appropriation 
there are authorized to be appropriated $200,000,000 for fiscal year authorization. 
1979; $250,000,000 for fiscal year 1980; $300,000,000 for fiscal year 
1981; $350,000,000 for fiscal year 1982; and $400,000,000 for the fiscal 
year 1983. 
"(2) There are further authorized to be appropriated to carry out 
the provisions of section 721(b) (5) $12,000,000 for fiscal year 1979; 
$14,000,000 for fiscal year 1980; $16,000,000 for fiscal year 1981; and 
such sums as may be necessary for each of the two succeeding fiscal 
years. 
"(3) From the sums appropriated under paragraph (1) for any 
fiscal year, the Commissioner shall reserve $16,000,000 of that part 
thereof that does not exceed $70,000,000 for training activities carried 
out under section 721(a) (3), and shall reserve for those activities not 
less than 20 per centmn of that part thereof which is in excess of 
$70,000,000. 
"(4) The Commissioner shall reserve from the amount not reserved 
pursuant to paragraph (3) of this subsection such amount as may be 
necessary, but not in excess of 1 per centum thereof, for the purposes 
of section 732. 
"DEFINITIONS; REGULATIONS 
"SEC. 703. (a) The following definitions shall apply to the terms 20 USC 3223. 
used in this title: 
"(1) The term 'limited English proficiency' when used with ref-
erence to individuals means— 
" (A) individuals who were not bom in the United States or 
whose native language is a language other than English, 
"(B) individuals who come from environments where a lan-
guage other than English is dominant, as further defined by the 
Commissioner by regulation, and 
"(C) individuals who are American Indian and Alaskan 
Native students 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 Commissioner determines to be necessary; 
and, by reason thereof, have sufficient difficulty speaking, reading, 
writing, or understanding the English language to deny such individ-
uals the opportunity to learn successfully in classrooms where the 
language of instruction is English. 
"(2) The term 'native language,' when used with reference to an 
individual of limited English proficiency, means the language nor-
mally 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 Act of 1965. 
Ante, p. 2153. 
92 STAT. 2270 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(4) (A) The term 'program of bilingual education' means a pro-
gram of instruction, designed for children of limited English profi-
ciency in elementary or secondary schools, in which, with respect to the 
years of study to which such program is applicable— 
"(i) there is instruction given in, and study of, English and, to 
the extent necessary to allow a child to achieve competence in the 
English language, the native language of the children of limited 
English proficiency, and such instruction is given with apprecia-
tion for the cultural heritage of such children, and of other chil-
dren in American society, and, with respect to elementary and 
secondary school instruction, such instruction shall, to the extent 
necessary, be in all courses or subjects of study which will allow a 
child to progress effectively through the educational system; and 
"(ii) the requirements in subparagraphs (B) through (F) of 
this paragraph and established pursuant to subsection (b) of this 
section are met. 
"(B) In order to prevent the segregation of children on the basis of 
national origin in progi-ams assisted under this title, and in order to 
broaden the understanding of children about languages and cultural 
heritages other than their own, a program of bilingual instruction may 
include the participation of children whose language is English, but in 
no event shall the percentage of such children exceed 40 per centum. 
The objective of the program shall be to assist children of limited 
English proficiency to improve their English language skills, and the 
participation of other children in the program must be for the princi-
pal purpose of contributing to the achievement of that objective. 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 bilingual education shall make provision for 
the participation of children of limited English proficiency in regular 
classes. 
"(D) Children enrolled in a program of 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 educa-
tional attainment are placed in the same class, the program of bilingual 
education shall seek to insure that each child is provided with instruc-
tion which is appropriate for his level of educational attainment. 
"(E) An application for a program of bilingual education shall— 
" (i) be developed in consultation with an advisory council, of 
which a majority shall be parents and other representatives of 
children of limited English proficiency, in accordance with criteria 
prescribed by the Commissioner; 
"(ii) be accompanied by documentation of such consultation 
and by the comments which the Council makes on the application; 
and 
"(iii) contain assurances that, after the application has been 
approved, the applicant will provide for the continuing consulta-
tion with, and participation by, the committee of parents, teachers, 
and other interested individuals (of which a majority shall be 
parents of children of limited English proficiency) which shall be 
^ ^' i »•' 
selected by and predominantly composed of parents of children 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2271 
participating in the program, and in the case of programs carried 
out in secondary schools, representatives of the secondary students 
to be served. 
"(F) Parents of children participating in a program of bilingual 
education shall be informed of the instructional goals of the program 
and the progress of their children in such program. 
"(5) The term 'Office' means the Office of Bilingual Education. 
"(6) The term'Director'means the Director of the Office of Bilin-
gual Education. 
"(7) The term 'Council' means the National Advisory Council on 
Bilingual Education, 
"(8) The term 'other programs for persons of limited English pro-
ficiency' when used in sections 731 and 732 means any programs within 
the Office of Education directly involving bilingual education activities 
serving persons of limited English proficiency, such as the program 
authorized by section 708(c) of the Emergency School Aid Act, as in 20 USC 1607. 
effect for fiscal year 1979, section 608(a) (4) of this Act for subsequent 
fiscal years, and the programs carried out in coordination with the pro-
visions of this title pursuant to section 122(a) (4) (C) and part J of 
the Vocational Education Act of 1963, and section 306(a) (11) of the 20 USC 2332. 
Adult Education Act, and programs and proiects serving areas with ^^f^rip'^^^7^ 
high concentrations of persons of limited English proficiency pursuant ^" ^^^ ^^^°' 
to sections 6(b) (4) of the Library Services and Construction Act. 
"(b) The Commissioner, after receiving recommendations from Suggested model 
State and local educational agencies and groups and organizations programs, 
involved in bilingual education, shall establish, publish, and distribute, 
with respect to programs of bilingual education, suggested models 
with respect to pupil-teacher ratios, teacher qualifications, and other 
factors affecting the quality of instruction offered in such programs. 
"(c) In prescribing regulations under this section, the Commis-
sioner shall consult with State and local educational agencies, appro-
priate organizations representing parents and children of limited 
English proficiency, and appropriate groups and organizations repre-
senting teachers and educators involved in bilingual education. 
"PART A—FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION 
PROGRAMS 
"BILINGUAL EDUCATION PROGRAMS 
"SEC. 721. (a) Funds available for grants under this part shall be 20 USC 3231. 
used for— 
"(1) the establishment, operation, and improvement of pro-
grams of bilingual education; 
"(2) auxiliary and supplementary community and educational 
activities designed to facilitate and expand the implementation of 
programs described in clause (1), including such activities as 
(A) adult education programs related to the purposes of this title, 
. 
particularly for parents of children participating in programs 
of bilingual education, and carried out, where appropriate, in 
coordination with programs assisted under the Adult Education 
Act, and (B) preschool programs preparatory and supplemen-
tary to bilingual education programs; 
"(3) (A) the establishment, operation, and improvement of 
training programs for personnel preparing to participate in, or 
92 STAT. 2272 
PUBLIC LAW 95-561—NOV. 1, 1978 
personnel participating in, the conduct of programs of bilingual 
education and (B) auxiliary and supplementary training pro-
grams, which shall be included in each program of bilingual 
education, for personnel preparing to participate in, or person-
nel participating in, the conduct of such programs; and 
"(4) planning, and providing technical assistance for, and tak-
ing other steps leading to the development of, such programs. 
Grant 
"(b) (1) A grant may be made under this section only upon appli-
applications. 
cation therefore by one or more local educational agencies or by an 
institution of higher education, including a junior or community col-
lege, applying jointly with one or more local educational agencies 
(or, in the case of a training activity described in clause (3) (B) of 
subsection (a) of this section, by eligible applicants as defined in sec-
tion 723). Each such application shall be made to the Commissioner at 
such time, in such manner, and containing such information as the 
i 
Commissioner deems necessary, and 
"(A) include a description of the activities set forth in one or 
more of the clauses of subsection (a) which the applicant desires 
to carry out; and 
"(B) provide evidence that the activities so described will 
make substantial progress toward making programs of bilingual 
education available to the children having need thereof in the 
area served by the applicant. 
. 
" (2) (A) No order to submit an application in preparation for termi-
nation of assistance shall be issued to any local educational agency 
which shows adequate progress in meeting the goals of this title and 
which demonstrates a clear fiscal inability to carry on a program 
without such assistance, if— 
"(i) there is a continuing presence of a substantial number of 
students of limited English proficiency in a program under this 
title in such school or group of schools; 
"(ii) there has been a recent, substantial increase in the num-
ber of students of limited English proficiency who have enrolled 
in such program; or 
"(iii) there is an obligation of the local educational agency in 
which such school or group of schools is located to initiate com-
pliance with an order of a court of the United States or of any 
State respecting services to be provided for those children, or a 
plan approved by the Secretary as adequate under title VI of the 
42 use 2000d. 
Civil Rights Act of 1964 with respect to services to be provided 
for those children. 
"(B) The Commissioner, after review of program operations by 
each local educational agency, may, on the basis of a finding, after 
notice and opportunity for a hearing, that a school or group of schools 
of such an agency does not have a long-term need for continued assist-
ance under this title issue an order to such agency to prepare and sub-
mit within one year a revised application setting forth a schedule 
under which such school or group will cease receiving such assistance 
in the fifth year following the year of issuance of such order. Projects 
and activities for which funds were available prior to October 1, 1978, 
may continue to receive assistance under this part through September 
30,1983. The amount made available for the third, fourth, or fifth year 
of any such project or activity after the year of issuance of such an 
order shall be reduced in accordance with criteria established by the 
Commissioner designed to ensure the gradual assumption by the appli-
cant of the costs of projects and activities assisted under this title. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2273 
Grant 
applications, 
approval criteria. 
"(C) The Commissioner shall annually review conditions in any Annual review 
school or group of schools for which an order has been issued under 
subparagraph (B), and shall suspend and withdraw any order issued 
under subparagraph (B) if, after such order has gone into effect, one 
or more of the conditions described in subparagraph (A) occurs, and 
shall permit the local educational agency involved to revise its ap-
plication in the light of such conditions. 
"(D) Any order issued pursuant to subparagraph (B) shall be sub-
ject to review by the Commissioner if such review is sought within 60 
days of the issuance of such order. 
"(3) An application for a grant under this part may be approved 
only if— 
"(A) the provision of assistance proposed in the application 
is consistent with criteria established by the Commissioner, 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, which 
criteria shall be developed by his taking into consideration (i) 
the geographic distribution of children of limited English pro-
ficiency, (ii) the relative need of persons in different geographic 
areas within the State for the kinds of services and activities 
described in subsection (a), (iii) with respect to grants to carry 
out programs described in clauses (1) and (2) of subsection (a) of 
section 721, the relative ability of particular local educational 
agencies within the State to provide such services and activities, 
and (iv) with respect to such grants, the relative numbers of 
persons from low-income families sought to be benefited by such 
programs; 
"(B) in the case of applications from local educational agen-
cies to carry out programs of bilingual education under subsection 
(a)(1), the Commissioner determines that the applicant shall 
expend adequate funds for purposes of such programs for aux-
iliary and supplementary training programs in accordance with 
the provisions of subsection (a) (3) (B) and section 723; 
"(C) the Commissioner determines— 
"(i) that the program will use the most qualified available 
personnel, including only those personnel who are proficient 
in the language of instruction and in English, to the extent 
possible, and the best resources, and will substantially increase 
the educational opportunities for children of limited English 
proficiency in the area to be served by the applicant ; 
"(ii) that in designing the program for which application 
is made, the needs of the children in nonprofit private elemen-
tary and secondary schools have been taken into account 
through consultation with appropriate private school offi-
cials; and consistent with the number of such children 
enrolled in such schools in the area to be served whose educa-
tional needs are of the type and whose language and grade 
levels are of a similar type which the program is intended 
to address, after consultation with appropriate private school 
officials, provision has been made for the participation of such 
children on a basis comparable to that provided for public 
school children; and 
^ (iii) that the program includes a plan for evaluation con-
sistent with guidelines prescribed by the Commissioner; 
39-194 O—80—pt. 2 
63 : QU 
92 STAT. 2274 
PUBLIC LAW 95-561--NOV. 1, 1978 
42 use 2000d. 
Assistance, 
priorities. 
J 
"(D) the State educational agency has been notified of the 
application and has been given the opportunity to offer recommen-
dations thereon to the applicant and to the Commissioner; 
"(E) the Commissioner determines that the assistance provided 
under the application will contribute toward building the capacity 
of the applicant to provide a program of bilingual education on 
a regular basis 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 assist-
ance under this title is reduced or no longer available; 
"(F) the program of bilingual education for which assistance is 
sought will (i) serve those children most in need of assistance 
under this title, (ii) provide measurable goals for determining 
when those children no longer need such assistance, and (iii) pro-
vide, from State and local sources, for necessary followup services 
to sustain the achievement of the children after they have left the 
program, except that if any child is enrolled in a bilingual pro-
gram assisted under this title for two years, that child shall have 
an individual evaluation establishing the need for continued 
services; 
"(G) Federal funds made available for the project or activity 
will be so used 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 (i) preclude a local educa-
tion agency from using funds under this title for activities car-
ried out under an order of a court of the United States or of any 
State respecting services to be provided such children, or to carry 
out a plan approved by the Secretary as adequate under title VI 
of the Civil Rights Act of 1964 with respect to services to be 
provided such children, or (ii) authorize any priority or prefer-
ence to be assigned by the Commissioner to the funding of the 
activities under this title; and 
"(H) the applicant demonstrates that, to the extent possible, 
personnel recruited and employed to carry out projects and activi-
ties under this title are bilingual. 
"(4) In the consideration of initial applications from local educa-
tional agencies to carry out programs of bilingual education under 
paragraph (1) of this subsection, the Commissioner shall give priority 
to applications from local educational agencies which are located in 
various geographical regions of the Nation and which propose to asssist 
children of limited English proficiency who have historically been 
underserved by programs of bilingual education, taking into considera-
tion the relative numbers of such children in the schools of such local 
educational agencies and the relative need for such programs. In 
approving such applications, the Commissioner shall, to the extent 
feasible, allocate funds appropriated in proportion to the geographical 
distribution of children of limited English proficiency throughout the 
Nation, with due regard for the relative ability of particular local 
educational agencies to carry out such programs and the relative num-
bers of persons from low-income families sought to be benefited by 
such programs. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2275 
"(5) (A) Upon an application from a State educational agency, the 
Commissioner shall make provision for the submission and approval 
of a State program for the coordination by such State agency of 
technical assistance to programs of bilingual education in such State 
assisted under this title. Such State program shall contain such provi-
sions, agreements, and assurances as the Commissioner shall, by regula-
tion, determine necessary and proper to achieve the purposes of this 
title, including assurances that funds made available under this section 
for any fiscal year will be so used as to supplement, and to the extent 
practical, 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. 
"(B) Except as provided in the second sentence of this subpara-
graph, the Commissioner shall pay from the amounts authorized for 
these purposes pursuant to section 702 for each fiscal year to each State 
educational agency which has a State program submitted and approved 
under subparagraph (A) such sums as may be necessary for the proper 
and eiScient conduct of such State program. The amount paid by the 
Commissioner to any State educational agency under the preceding 
sentence for any fiscal j^ear shall not exceed 5 per centum of the aggre-
gate of the amounts paid under this part to local educational agencies 
in the State of such State educational agency in the fiscal year preced-
ing the fiscal year in which this limitation applies. 
"(c) In determining the distribution of funds under this title, the 
Commissioner shall give priority to areas having the greatest need 
for programs assisted under this title. 
"(d) Programs of bilingual education under this title in the Com-
monwealth of Puerto Rico may, notwithstanding any other provision 
of this title, include programs of instruction, teacher training, curric-
ulum development, and evaluation and testing designed to improve the 
English proficiency of children, and may also make provision for serv-
ing the needs of students of limited proficiency in Spanish. 
(e) (1) An application of a local educational agency for assistance 
under this title may cover a period of from one to three years. A new 
application shall be required for any assistance under this title for 
years subsequent to such period. The Commissioner shall base the deci-
sion as to the length of time for which an application will be 
approved on— 
" (A) the severity of the problems addressed by the program for 
which assistance is being sought; 
"(B) the nature of the activities proposed in the application; 
"(C) the likely duration of the problems addressed by the 
application; and 
"(D) such other criteria, established by the Commissioner^ as 
will assure the most effective use of the available funds in achiev-
ing the purposes of this title. 
"(2) If the Commissioner approves an application of a local edu-
cational agency under this title for a period covering more than one 
fiscal year, no subsequent application shall be required from such 
agency in any fiscal year during such period unless the agency proposes 
to carry out, in any such fiscal year, activities not included in the 
approved application. Payments to any such agency for any fiscal year 
subsequent to the first fiscal year for which the application has been 
approved shall be made only if— 
State 
coordination 
programs. 
Duration of 
assistance. 
92 STAT. 2276 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(A) sufficient appropriations are available for making pay-
'' 
ments in each such subsequent fiscal year; 
"(B) the Commissioner determines that the agency is not ineli-
gible for assistance under this title in each subsequent fiscal year; 
and 
"(C) the agency demonstrates, by such means as the Commis-
sioner may prescribe, that satisfactory progress is being made 
toward achieving the objectives of the program for which assist-
ance has been made available under this title, including objectives 
of section 703(a) (4) (E) (iii) and section 703(a)(4)(F). 
"(f) If the Commissioner determines that an applicant for assist-
ance 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, nonpublic schools, 
as required by paragraph (3) (C) (ii) of subsection (b), the Commis-
sioner 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 Commissioner 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 a program of bilingual instruction and to 
carry out such a program for the children. 
; 
"INDIAN CHILDREN IN SCHOOLS 
20 use 3232. 
"SEC. 722. (a) For the purpose of carrying out programs under this 
part for individuals served by elementary and secondary schools 
operated predominantly for Indian children, a nonprofit institution 
or organization of the Indian tribe concerned which operates any 
such school and which is approved by the Commissioner for the pur-
H 
poses of this section may be considered to be a local educational agency 
v 
as such term is used in this title. 
"(b) From the sums appropriated pursuant to section 702(b), the 
Commissioner is authorized to make payments to the applicants to 
carry out programs of bilingual education for Indian children on res-
ervations served by elementary and secondary schools operated or 
funded by the Bureau of Indian Affairs. 
Report to 
"(c) The Assistant Secretary of the Interior for the Bureau of 
Congress and 
Indian Affairs shall submit to the Congress, the President, and the 
President. 
Commissioner, by September 30, 1980, an assessment of the needs of 
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 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. 
" i TRAINING 
20 use 3233. 
"SEC. 723. (a) (1) In carrying out the provisions of clauses (1) and 
(3) of subsection (a) of section 721, with respect to training, the Com-
missioner shall, through grants to, and contracts with, eligible appli-
cants, as defined in subsection (b), provide for— 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2277 
"(A) (i) training, carried out in coordination with any other 
programs training auxiliary educational personnel, designed (I) 
to prepare personnel to participate in, or for personnel partic-
ipating in, the conduct of programs of bilingual education, includ-
: 
ing programs emphasizing opportunities for career development, 
advancement, and lateral mobility, (II) to train teachers, admin-
istrators, counselors, paraprofessionals, teacher aides, and parents, 
and (III) to train persons to teach and counsel such persons, and 
(ii) special training programs designed (I) to meet individual 
needs, and (II) to encourage 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 facilities, as 
related to bilingual education; and 
"(B) the operation of short-term training institutes designed 
to improve the skills of participants in programs of bilingual 
education in order to facilitate their effectiveness in carrying out 
responsibilities in connection with such programs. 
"(2) In addition the Commissioner is authorized to award 
fellowships for study in the field of training teachers for bilingual 
education. For the fiscal year ending June 30, 1975, not less than 100 
fellowships leading to a graduate degree shall be awarded under the 
preceding sentence for preparing individuals to train teachers for 
programs of bilingual education. Such fellowships shall be awarded in 
proportion to the need for teachers of various groups of individuals 
with limited English proficiency. For each fiscal year after June 30, 
1975, and prior to October 1,1983, the Commissioner shall report to the 
Committee on Education and Labor of the House of Representatives 
and the Committee on Human Resources of the Senate on the number 
of fellowships in the field of training teachers for bilingual education 
which he recommends will be necessary for that fiscal year. 
"(3) The Commissioner shall include in the terms of any arrange-
ment described in paragraphs (1) and (2) of subsection (a) of this 
section provisions for the payment, to persons participating in train-
ing programs so described, of such stipends (including allowances for 
subsistence and other expenses for such persons and their dependents) 
as he may determine to be consistent with prevailing practices under 
comparable federally supported programs. 
" (4) In making grants or contracts under this section, the Commis-
sioner shall give priority to eligible applicants with demonstrated 
competence and experience in the field of bilingual education. Funds 
provided under grants or contracts for training activities described 
m this section to or with a State educational agency, separately or 
jointly, shall in no event exceed in the aggregate in any fiscal year 
15 per centum of the total amount of funds obligated for training 
activities pursuant to clauses (1) and (3) of subsection (a) of section 
721 in such year. 
"(5) The Commissioner shall undertake an ongoing longitudinal 
study of the impact of recipients of such fellowships on the field of 
bilin^al education, and shall disseminate research undertaken by 
recipients of such fellowships. 
"(6) Any person receiving assistance under this subsection 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 the training of teachers 
Teacher's 
training for 
bilingual 
education, 
fellowships. 
Report to 
congressional 
committees. 
Grants and 
contracts. 
Study. 
92 STAT. 2278 
PUBLIC LAW 95-561—NOV. 1, 1978 
Regulations. 
"Eligible 
applicants.' 
Establishment. 
20 use 3241. 
Director. 
Report to 
Congress and 
President. 
and related personnel of bilingual education, as further determined by 
the Commissioner through regulations. The Commissioner may waive 
this requirement in extraordinary circumstances. 
" (7) The Commissioner shall issue regulations specifying such activ-
ities as shall constitute training under this section and section 721 
(a)(3)(B). 
" (8) An application for a grant or contract for preservice or inserv-
ice training activities described in clause (A) (i) (I) and clause (A) 
(ii) (I) and in subsection (a) (1) (B) of this section shall be con-
sidered an application for a program of bilingual education for the 
purposes of subsection (a) (4) (E) of section 703. 
"(b) For the purposes of this section, the term 'eligible applicants' 
means-"(1) institutions of higher education (including junior colleges 
and community colleges) and private nonprofit organizations 
which apply, after consultation with, or jointly with, one or more 
local educational agencies or a State educational agency; 
" (2) local educational agencies; and 
" (3) State educational agencies. 
"PART B—ADMINISTRATION' 
' 
(( 
OFFICE OF BILINGUAL EDUCATION 
"SEC. 731. (a) There shall be, in the Office of Education, an Office 
of Bilingual Education (hereafter in this section referred to as the 
'Office') through which the Commissioner shall carry out his func-
tions relating to bilingual education. 
" (b) (1) The Office shall be headed by a Director of Bilingual Edu-
cation, appointed by the Commissioner, to whom the Commissioner 
shall delegate all of his delegable functions relating to bilingual edu-
cation. The Director shall also be assigned responsibility for coordi-
nating the bilingual education aspects of other programs administered 
by the Commissioner. 
"(2) The Office shall be organized as the Director determines to be 
appropriate in order to enable him to carry out his functions and 
responsibilities effectively. 
" (c) The Commissioner, in consultation with the Council, shall pre-
pare and, not later than February 1,1980,1982, and 1984, 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 proficiency. 
Such report shall include— 
"(1) a national assessment of the educational needs of children 
and other persons with limited English proficiency and of the 
, extent to which such needs are being met from Federal, State, and 
local efforts, including (A) not later than October 1, 1977, the 
results of a survey of the number of such children and persons in 
the States, and (B) a planf inclu'ding cost estimates, to be carried 
out during the five-year period beginning on such date, for extend-
ing programs 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, 
including a phased plan for the training of the necessary teachers 
and other educational personnel necessary for such purpose; 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2279 
"(2) a report on and an evaluation of the activities carried out 
under this title during the preceding fiscal year and the extent 
to which each of such activities achieves the policy set forth in 
section 702(a); 
"(3) a statement of the activities intended to be carried cut 
during the succeeding period, including an estimate of the cost 
of such activities ; 
"(4) an assessment of the number of teachers and other educa-
tional personnel needed to carry out programs of bilingual edu-
cation under this title and those carried out under other programs 
for persons of limited P^nglish proficiency and a statement describ-
ing the activities carried out thereunder designed to prepare 
teachers and other educational personnel for such programs, and 
the number of other educational personnel needed to carry out 
programs of bilingual education in the States and a statement 
describing the activities carried out under this title designed to 
prepare teachers and other educational personnel for such 
programs; 
"(5) a description of the personnel, the functions of such per-
sonnel, and information available at the regional offices of the 
Department of Health, Education, and Welfare dealing with 
bilingual programs within that region; and 
"(6) an estimate of the number of fellowships in the field of 
training teachers for bilingual education which will be necessary 
for the two succeeding fiscal years. 
The Commissioners shall conduct a study on the extent of the need for 
these programs in the Commonwealth of Puerto Rico, and shall report 
the results thereof, together with recommendations, to the President 
and Congress not later than eighteen months after the enactment of 
the Education Amendments of 1978. 
"(d) The Commissioner shall, within six months after the date 
of the enactment of the Education Amendments of 1978, develop and 
publish in the Federal Register (1) models for programs of bilingual 
education which may include suggested teacher-pupil ratios, teacher 
qiialifications, and other factors affecting the quality of instruction 
offered, and which shall represent a variety of types of such programs, 
and (2) models for the evaluation of such programs as to the progress 
made by participants therein attaining English language skills. 
"(e) (1) The Secretary, in consultation with the Council, shall pre-
pare and, not later than September 30, 1980, submit to the Congress 
and the President a report identifying the approximate number of 
children of limited English proficiency in the Nation, by language 
and by State. 
"(2) By September 30, 1980, the Secretary shall develop methods 
for identifying children of limited English proficiency who are in need 
of bilingual education programs. 
"(3) By September 30,1980, the Secretary shall develop evaluation 
and data gathering models, which take into account linguistic and 
cultural differences of the child, which consider the availability and 
the operations of State programs for such children, and shall include 
allowances for variables which are applicable to programs under this 
title such as pupil-teacher ratios, teacher qualifications, length of the 
program, hours of instruction, percentage of children in the classroom 
who are English dominant and the percentage who have limited 
English proficiency. 
Study. 
Report to 
President and 
Congress. 
Bilingual 
education 
program models. 
Publication in 
Federal Register. 
Report to 
Congress and the 
President. 
92 STAT. 2280 
PUBLIC LAW 95-561—NOV. 1, 1978 
Report to 
President and 
Congress. 
"(f) The Secretary shall prepare and submit to the President and 
to the Congress not later than December 31, 1981, a report setting 
forth recommendations on the methods of converting, not later than 
July 1, 1984, the bilingual education program from a discretionary 
grant program to a formula grant program to serve students of 
limited English proficiency and recommendations on whether or not 
such conversion would best serve the needs of such students. The 
study required by this subsection shall consider the findings of other 
studies required to be made under this section, and shall include cost 
estimates for the phasing in of the formula grant program. 
"(g) In order to maximize Federal efforts aimed at serving the 
educational needs of children of limited English proficiency, the Com-
missioner shall coordinate and closely cooperate with other pi'ograms 
administered by the Office of Education, including such areas as 
teacher training, program content, research, and curriculum. The 
Commissioner's annual report under subsection (c) shall include 
demonstration that such coordination has taken place. 
"(h) The Commissioner shall insure that the Office of Bilingual 
Education is staffed with sufficient personnel trained, or with experi-
ence in, bilingual education to discharge effectively the provisions of 
this title. 
Establishment. 
20 use 3242. 
20 use 1233. 
20 use 1233g. 
20 use 1233e. 
Report to 
Congress and 
President. 
NATIONAL ADVISORY COUNCIL ON BILINGUAL EDUCATION 
"SEC. 732. (a) Subject to part D of the General Education Provi-
sions Act, there shall be a National Advisory Council on Bilingual 
Education composed of fifteen members appointed by the Secretary, 
one of whom he shall designate as Chairman. At least eight of the 
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, at least one of whom shall be representa-
tive of persons serving on boards of education operating programs 
of bilingual education. At least two members shall be experienced in 
the training of teachers in programs of bilingual education. At least 
two members shall be persons with general experience in the field of 
elementary and secondary education. At least two members shall be 
classroom teachers of demonstrated teaching abilities using bilingual 
methods and techniques. The Council shall also include at least two 
parents of students whose language is other than English and at least 
one State educational agency representative and one member at large. 
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 geographic areas in 
which they reside. Subject to section 448(b) of the General Education 
Provisions Act, the Advisory Committee shall continue to exist until 
October 1,1983. 
" (b) The Council shall meet at the call of the Chairman, but, not-
withstanding the provisions of section 446(a) of the General Educa-
tion Provisions Act, not less often than four times in each year. 
" (c) The Council shall advise the Commissioner 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 the administration and operation of other programs for 
persons of limited English proficiency. The Council shall prepare 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2281 
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 731(c), and the administra-
tion and operation of other programs for persons of limited English 
proficiency. 
"(d) The Commissioner shall procure temporary and intermittent 
services of such personnel as are necessary for the conduct of the func-
tions of the Council, in accordance with section 445, of the General 
Education Provisions Act, and shall make available to the Council 
such staff, information, and other assistance as it may require to 
carry out its activities effectively. 
"PART C—SuppoRTrvE SERVICES AND AcTrv^ixiES 
Temporary and 
intermittent 
personnel. 
20 u s e 1233d. 
u 
ADMINISTRATION 
"SEC. 741. (a) The provisions of this part shall be administered by 20 USC 3251. 
the Assistant Secretary, in consultation with— 
"(1) the Commissioner, through the Office of Bilingual Educa-
tion; and 
"(2) the Director of the National Institute of Education, not-
withstanding the second sentence of section 405(b)(1) of the 
General Education Provisions Act; 
20 USC 122la. 
in accordance with regulations. 
"(b) The Assistant Secretary shall, in accordance with clauses (1) Regulations, 
and (2) of subsection (a), develop and promulgate the regulations 
for this part and then delegate his functions under this part, as may 
be appropriate under the terms of section 742. 
u 
BILINGUAL EDUCATION RESEARCH AND DEVELOPMENT 
"SEC. 742. (a) (1) The Commissioner shall, through competitive con-
tracts under this section, provide financial assistance for research and 
development proposals submitted by institutions of higher education, 
private and non-profit organizations. State educational agencies, and 
individuals. 
"(2) The National Institute of Education, after consultation with 
the Office of Bilingual Education, shall carry out a program of 
research in the field of bilingual education in order to enhance the 
effectiveness of bilingual education carried out under this title and 
other programs for persons who have language proficiencies other than 
English. 
"(3) The Ass'istant Secretary shall coordinate research activities of 
the National Institute of Education, with the Office of Bilingual Edu-
cation, the National Center for Education Statistics, and other appro-
priate agencies, in order to develop a national research program for 
bilingual education. 
" (b) Eesearch activities authorized to be assisted under this section 
shall include— 
"(1) studies to determine and evaluate effective models for 
bilingual-bicultural programs; 
"(2) studies to determine (A) language acquisition characteris-
tics and (B) the most effective method of teaching English within 
the context of a bilingual-bicultural program to students who have 
language proficiencies other than English; 
Financial 
assistance. 
20 USC 3252. 
National research 
program, 
coordination. 
92 STAT. 2282 
PUBLIC LAW 95-561—NOV. 1, 1978 
Research request 
proposals, 
publication and 
dissemination. 
Appropriation 
authorization. 
"(3) a five-year longitudinal study in order to measure the 
effect of this title on the education of students who have language 
* 
proficiencies other than English; 
" (4) studies to determine the most effective and reliable meth-
ods of identification of students who should be entitled to services 
under this title; 
" (5) the operation of a clearinghouse on information for bilin-
gual education, which shall collect, analyze, and disseminate infor-
mation about bilingual education and such related programs; 
" (6) studies to determine the most effective methods of teaching 
reading to children and adults who have language proficiencies 
other than English; 
"(7) studies to determine the effectiveness of teacher training 
preservice and inservice programs funded under this title; 
"(8) studies to determine the critical cultural characteristics of 
selected groups of individuals assisted under this title for purposes 
of teaching about culture in the program. 
"(c) In carrying out their responsibilities under this section, the 
Commissioner and the Director of the National Institute of Education 
shall provide for periodic consultation with representatives of State 
and local educational agencies and appropriate groups and organiza-
tions involved in bilingual education. 
"(d) The Assistant Secretary shall publish and disseminate all 
requests for proposals in research and development assisted under this 
title. 
"(e) The Commissioner and the Director of the National Institute 
of Education shall, through competitive contracts with appropriate 
public agencies and private institutions and organizations, develop and 
disseminate instructional materials and equipment suitable for bilin-
gual education programs. The quality of materials developed pursuant 
to this subsection shall be comparable to the quality of materials pro-
vided in classrooms for English dominant children. In the develop-
ment of instructional materials for the purpose of this subsection, the 
availability of materials already in existence from private and public 
sources shall be taken into account, and special attention shall be given 
to language groups for whom private organizations are unlikely to 
develop such materials. 
"(f) There is authorized to be appropriated for the fiscal year 1979 
and for each succeeding fiscal year ending prior to October 1, 1983, 
$20,000,000 to carry out the provisions of this section. 
• 
"PART D—CONTINUED BILINGUAL EDUCATION ASSISTANCE 
* 
Grants and 
contracts. 
20 use 3261. 
"ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES ELIGIBLE UNDER THE 
EMERGENCY SCHOOL AID ACT 
"SEC. 751. (a)(1) The Commissioner, from funds appropriated 
under subsection (c), shall carry out a program to meet the needs of 
minority group children (as such term is defined for purposes of title 
VI) who are from an environment in which a dominant language 
is other than English and who, because of language barriers and cul-
tural differences, do not have equality of educational opportunity. The 
Commissioner shall, for fiscal year 1980, allot to each local educational 
agency an amount which bears the same ratio to such funds as the 
amount such agency received under section 708 (c) of the Emergency 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2283 
School Aid Act for fiscal year 1979, bears to the total amount of funds 20 USC 1607. 
available under such section. From such allotment the Commissioner is 
authorized to make grants to and contracts with— 
" (A) private nonprofit agencies, institutions, and organizations 
to develop curricula, at the request of one or more local educa-
tional agencies which are eligible for assistance under section 606 
of this Act, designed to meet the special educational needs of -^nte, p. 2254. 
minority group children who are from environments in which a 
dominant language is other than English, for the development of 
< 
< 
reading, writing, and speaking skills, in the English language and 
in the language of their parents or grandparents, and to meet the 
educational needs of such children and their classmates to under-
stand the history and cultural background of the minority groups 
of which such children are members; 
"(B) local educational agencies which are eligible for assistance 
under such section 606 for the purpose of engaging in such activi-
ties; or 
\ 
"(C) local educational agencies which are eligible to receive 
assistance under such section 606, for the purpose of carrying out 
activities to implement curricula developed under clauses (A) and 
(B) or curricula otherwise developed which the Commissioner 
determines meets the purposes stated in clause (A). 
In making grants and contracts under this paragraph, the Commis-
sioner shall assure that sufficient funds remain available to provide for 
grants and contracts under clause (C) of this paragraph for imple-
mentation of such curricula as the Commissioner determines meet the 
purposes stated in clause (A) of this paragraph. In making a grant 
or contract under clause (C) of this paragraph the Commissioner shall 
take whatever action is necessary to assure that the implementation 
plan includes provisions adequate to ensure training of teachers and 
other ancillary educational personnel and meets the requirements of 
section 721(b) (3) (C)(ii). 
: 
"(2) (A) In order to be eligible for a grant or contract under this 
subsection— 
"(i) a local educational agency must establish a program or 
project committee meeting the requirements of subparagraph (B), 
which will fully participate in the preparation of the application 
under this subsection and in the implementation of the program 
or project and join in submitting such application; and 
"(ii) a private nonprofit agency, institution, or organization 
must (I) establish a program or project board of not loss than ten 
members which meets the requirements of subparagraph (B) and 
which shall exercise policymaking authority with respect to the 
program or project, and (II) have demonstrated to the Commis-
sioner that it has the capacity to obtain the services of adequately 
trained and qualified staff. 
"(B) A program or project committee or board, established pur-
suant to subparagraph (A), must be broadly representative of parents, 
school officials, teachers, and interested members of the community or 
communities to be served, not less than half of the members of which 
shall be parents and not less than half of the members of which shall 
be members of the minority group the educational needs of which the 
program or project is intended to meet. 
"(3) All programs or projects assisted under this subsection shall 
be specifically designed to complement any programs or projects car-
92 STAT. 2284 
PUBLIC LAW 95-561—NOV. 1, 1978 
Ante, p. 2254. 
Appropriation 
authorization. 
ried out by the local educational agency under section 606 of the Act. 
The Commissioner shall insure that programs of Federal financial 
assistance related to the purposes of this subsection are coordinated 
and carried out in a manner consistent with the provisions of this sub-
section, to the extent consistent with other law. 
"(b) All programs or projects assisted under subsection (a) shall 
be part of a program of bilingual-bicultural education. 
"(c) There are authorized to be appropriated to carry out subsec-
tion (a) $15,000,000 for fiscal year 1980, $20,000,000 for fiscal year 
1981, $25,000,000 for fiscal year 1982, and $30,000,000 for fiscal year 
1983.". 
T I T L E VIII—ESTABLISHMENT OF A NEW TITLE V I I I 
AND A NEW TITLE I X OF T H E ELEMENTAKY AND 
SECONDAEY EDUCATION ACT OF 1965 
20 use 881, 
883, 884, 885, 
887c, 887e, 3381 
to 3386. 
Community 
Schools and 
Comprehensive 
Community 
Education Act of 
1978. 
20 use 3281. 
20 u s e 3282. 
COMMUNITY EDUCATION PROGRAM AUTHORIZED 
SEC. 801. The Act is amended by— 
(1) redesignating title VIII and all references thereto as title 
I X ; 
(2) redesignating sections 801, 803(c), 804, 805, 810, and 812, 
as sections 1001,1002,1003,1004,1005, and 1006, respectively; and 
(3) inserting after title VTI the following new title : 
"TITLE VIII—COMMUNITY SCHOOLS 
u 
SHORT TITLE 
"SEC. 801. This title may be cited as the 'Community Schools and 
Comprehensive Community Education Act of 1978'. 
u 
STATEMENT OF FINDINGS AND POLICY 
"SEC. 802. (a) The Congress finds that— 
"(1) the school is an integral part of the local human service 
delivery system; 
" (2) the school is a primary institution for the delivery of serv-
ices and may be the best instrument for the coordination of fre-
quently fragmented services, including benefits obtained by energy 
savings and parental involvement in the delivery of such services; 
"(3) community education promotes a more efficient use of pub-
lic education facilities through an extension of school buildings 
and equipment; 
"(4) as the primary educational institution of the community, 
the school is most effective when it involves the people of that 
community in a program to fulfill the educational needs of indi-
viduals of the community; and 
"(5) community schools provide a great potential for the use 
of needs assessment as a basis for human resources policies. 
"(b) It is the purpose of this title— 
"(1) to provide in collaboration with other public and non-
profit agencies educational, recreational, cultural, and other 
related community and human services, in accordance with the 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2285 
needs, interests, and concerns of the community through the 
expansion of community education programs; 
"(2) to coordinate the delivery of social services to meet the 
needs and [)references of the residents of the community served 
by the school; 
" (3) to provide for an efficient, energy-conserving use of school 
facilities; and 
"(4) to provide for a research and development emphasis in 
community education which can contribute to an improved for-
mulation of P^ederal, State, and local policy. 
" D E F I N I T I O N 
o r 
C O M M U N I T Y EDUCATION PROGRAM 
"SEC. 803. For the purpose of this title, a 'community education 
program' means a program in which a public building, including but 
not limited to, a public elementary or secondary school, or a com-
munity or junior college (or a related extension center), is used as 
a community center operated by a local educational agency in conjunc-
tion with other groups in the community, community organizations, 
and local governmental agencies, to provide educational, recreational, 
health care, cultural, and other related community and human serv-
ices for the community that the center serves in accordance with the 
needs, interests, and concerns of that community. 
u 
STATE PROGRAMS FOR C O M M U N I T Y EDUCATION 
"SEC. 804. (a) The Commissioner is authorized to make grants to 
State educational agencies in accordance with the provisions of this 
title, to pay the Federal share of the cost of planning, establishing, 
expanding, and operating community education programs. 
"(b) There are authorized to be appropriated to carry out the pro-
visions of subsection (a) of this section $40,000,000 for fiscal year 
1979, $50,000,000 for fiscal year 1980, $60,000,000 for fiscal year 1981, 
$50,000,000 for fiscal year 1982, and $40,000,000 for fiscal year 1983. 
20 use 3283. 
Grants. 
20 use 3284. 
Appropriation 
authorization. 
"ALLOTMENT 
"SEC. 805. (a) (1) From the funds appropriated pursuant to section 20 USC 3285. 
804, the Commissioner shall allot not more than 1 per centum among 
Guam, American Samoa, the Virgin Islands, the Northern Mariana 
Islands, the Trust Territory of the Pacific Islands, and Bureau of 
Indian Affairs schools, according to their respective needs. 
"(2) From the remainder of such sums the Commissioner shall allot 
to each State an amount which bears the same ratio to such remainder 
as the population of the State bears to the population of all States 
except that no State shall receive less than $50,000 in any fiscal year. 
" • 
For the purpose of this subsection, the term 'State' does not include 
Guam, American Samoa, the Virgin Islands, and the Trust Territory 
of the Pacific Islands. 
"(b) That portion of any State's allotment under subsection (a) 
for a fiscal year which the Commissioner determines will not be 
; 
required for the period such allotment is available, for carrying out the 
purposes of this title, shall be available for reallotment from time to 
time on such date during such period as the Commissioner may fix, 
to other States in proportion to the original allotment to such States 
92 STAT. 2286 
PUBLIC LAW 95-561—NOV. 1, 1978 
under subsection (a) for such year, but with such proportionate 
amount for any of such other States being reduced to the extent it 
exceeds the sum which the Commissioner estimates will be needed in 
such State and will be used for such period for carrying out applica-
tions approved under this title, and the total of such reductions shall 
be similarly reallotted among the States whose proportionate amounts 
are not so reduced. Any amount reallotted to a State under this sub-
section during a year shall be deemed part of its allotment under 
subsection (a) for such year. 
" U S E OF C O M M U N I T Y EDUCATION PROGRAMS FOR NON-FEDERAL CONTRIBU-
TION IN CERTAIN FEDERAL PROGRAMS 
20 use 3286. 
"SEC. 806. (a) Notwithstanding any other provision of law, any 
State or local public agency may use the fair value of any community 
service program assisted under this title as part or all of the non-
Federal contribution required under any program set forth in sub-
section (b) of this section, if— 
"(1) a portion of any program set forth in subsection (b) is 
implemented in any building conducting a community education 
program assisted under this title, and 
"(2) there is a necessary relationship between such portion of 
the program set forth in subsection (b) and any element of the 
community education program assisted under this title. 
"(b) Programs to which subsection (a) applies are— 
42 use 201 note. 
" (1) the Public Health Service Act, 
42 use 2921. 
" (2) the Headstart-Follow Through Act, 
42 use 1397. 
" (3) title XX of the Social Security Act, relating to child care 
and day care and other services, 
"(4) the youth employment demonstration programs author-
29 use 801 note. 
ized under the Comprehensive Employment and Training Act, 
42 use 3000 
" (5) the Older Americans Act of 1965, 
note. 
^ 
"(6) the Vocational Education Act of 1963, 
20 use 2301 
«(7) the Adult Education Act, 
20*USe 1201 
" f ^5 title I and title X of the Higher Education Act of 1965, 
jjjj^g 
relating to community services and continuing education pro-
20 use 1001 
grams and community college programs, 
1135. 
' 
"(9) titles I through IV and VI through IX of the EcSonomic 
42 use 
Opportunity Act of 1964 (also known as the Community Services 
2711-2902, 
Act of 1974), 
2941-2996. 
" (iQ) the Legal Services Corporation Act, 
42 use 2996 
« ( n ) Safe Streets and Omnibus Crime Control Act of 1968, 
42*USe 3701 
"(12) science education programs assisted under the National,! 
jjQ^g 
Science Foundation Act of 1950, 
42 use 1861 
" (13) the Eehabilitation Act of 1973, and 
note. 
"(14) such other community service programs as the Assist-
29 use 701 note. 
ant Secretary deems appropriate. 
(C. 
USES OF FUNDS 
20 use 3287. 
"SEC. 807. Payments made under this title to any State educational 
agency and to any local educational agency, either directly by the Com-
missioner under section 809 or in accordance with a State plan 
approved under section 808, may be used by such State and local 
educational agencies for the Federal share of the cost of planning, 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2287 
establishing, expanding, and operating community education programs 
including— 
"(1) educational, cultural, recreational, health care, and other 
related community and human services, whether or not in the form 
of formal courses, 
"(2) activities making the school or other public facilities and 
equipment available for use by public agencies and private non-
profit organizations, individuals and groups in the community, 
" (3) preventive health, dental care, and nutrition, 
"(4) special programs for particular target groups, such as 
older persons, 
"(5) services designed to eliminate the high incidence of sus-
pension, expulsion, and other disciplinary action involving chron-
ically maladjusted students, 
"(6) services for students who withdraw from school before 
completing secondary school requirements, regardless of age or 
time of withdrawal, 
"(7) services for mentally or physically handicapped individ-
uals or other health impaired individuals, 
"(8) rehabilitation purposes for juvenile and adult offenders, 
"(9) parent education for care, development, and education of 
handicapped children, 
"(10) training programs in institutions of higher education for 
the purpose of assisting full-time training for personnel who are 
engaged in or who intend to engage in community education 
programs, 
"(11) specialized high schools or schools within schools orga-
nized around particular interests such as the arts, or using flexible 
scheduling and summer learning programs to take into account 
special needs of students, or creating interrelationships between 
secondary schools and such community resources as museums, 
cultural centers, and institutions of higher education, 
"(12) development of means to use technology to improve the 
relationship between the school, the home, and community re-
sources such as libraries, museums, and cultural centers, 
"(13) early childhood and family education grants for pro-
grams operated by State and local education agencies and public 
and private, nonprofit agencies or organizations for children below 
age six, which may include identification of potential barriers to 
learning, education of parents in child development, family serv-
. , 
ices, education for parenthood programs and referral services, and 
" (14) leisure education. 
(( 
STATE PLAN 
"SEC. 808. (a) Anj State desiring to participate in the pro^ara 20 USC 3288. 
authorized by this title shall submit through its State educational 
agency to the Commissioner a plan, in such detail as the Commissioner 
deems necessary. Each such plan shall provide satisfactory assurance— 
"(1) that payments made under this title will be used for com-
munity education programs described in section 807, and to the 
extent practicable such payments will be used to expand com-
munity education programs of the schools of local educational 
agencies within the State; 
92 STAT. 2288 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(2) that provide, after consultation with the appropriate State 
agencies, the State will develop a ten-year plan for the coordina-
tion of education programs with all relevant community services, 
including but not limited to State and local recreation authorities 
and associations; 
"(3) that 80 per centum of the amounts received T
b
y the State 
from its allotment will be distributed among local educational 
agencies within the State with due regard for such factors as the 
size of the population to be served by the community education 
program of the local educational agency; 
"(4) that community education programs assisted under this 
part will, to the extent feasible, serve all age groups within the 
community, including preschool children, children and youth in 
school, out of school youths, adults, and senior citizens as well as 
groups in the community with special needs for community edu-
cation program services, such as individuals with limited speaking 
ability, mentally and physically handicapped individuals, and 
other health impaired individuals; 
"(5) that the community education program will include pro-
cedures for the systematic and effective identification and docu-
s. 
mentation of the needs and concerns of the community; 
"(6) that the community education program will provide for 
the identification and use of existing educational, cultural, recrea-
tional, health care, and other resources outside the school or other 
public facility (including the services of volunteers) and will con-
tain provisions to encourage the use of cooperative arrangements 
with public and private agencies to make the maximum use of 
existing resources within the community; 
"(7) the community education program will provide for the 
active and continuous involvement on an advisory basis of institu-
tions, groups, and individuals in the community to be served by 
the program and the active and continuous involvement of parents 
of school children in the planning, development, and implementa-
tion of programs; 
" (8) that the State educational agency will establish procedures 
for submitting applications by local educational agencies within 
that State for payments under this title, for approval by the State 
educational agency, including appropriate procedures to assure 
that the State educational agency concerned will not disapprove 
an application of any local educational agency without notice and 
opportunity for a hearing; 
"(9) that the State will pay from non-Federal sources the 
remaining cost of carrying out the State plan; 
"(10) that the State educational agency, from the funds 
received by it under section 804 for any fiscal year, will reserve not 
to exceed 15 per centum of such funds for the administration of 
the State plan, technical assistance to local educational agencies, 
,i 
the conduct of conferences and dissemination activities among 
local educational agencies within the State and other community 
service agencies, the coordination between local educational agen-
cies, community colleges, and other institutions of higher educa-
tion in the State with respect to the coordination of the delivery 
of social services, with particular emphasis on the application of 
section 806 and the training and conversion activities authorized 
by section 812 of this title; and 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2289 
''(11) that effective procedures will be adopted to evaluate the 
elfectiveness of the community education programs assisted under 
this title (including where possible payments made directly under 
section 809). 
"(b) Tlie Commissioner shall approve a State plan which meets the 
requirements of subsection (a), and he shall not finally disapprove a 
State plan except after reasonable notice and opportunity for a hear-
ing to the State educational agency. 
Notice and 
hearing. 
GRANTS TO LOCAL EDUCATIONAL AGENCIES 
''SEC. 809. (a) The Commissioner is authorized to make grants to 
local educational agencies for the Federal share of the cost of planning, 
establishing, expanding, and operating community education pro-
grams including any use described in section 807, whenever the 
Commissioner determines, pursuant to an application filed under para-
graph (2), that the community education program for which applica-
tion is made under subsection (b) holds reasonable promise of success 
and is in substantial compliance with the requirements of section 808 
(a) (4). (5), (6),and (7). 
'' (b) Xo grant may be made under this section unless an application 
is made to the Commissioner at such time, in such manner, and con-
taining or accompanied by such information, as the Commissioner 
may reasonably require. 
"(c) There are authorized to be appropriated $20,000,000 for fiscal 
year 1979, $25,000,000 for fiscal year 1980, $30,000,000 for fiscal year 
1981, $25,000,000 for fiscal year 1982, and $20,000,000 for fiscal year 
1983 to carry out the provisions of this section. 
20 use 3289. 
Appropriation 
authorization. 
"GRANTS TO PUBLIC AGENCIES AND NONPROFIT ORGANIZATIONS FOR DELIVERY 
OF C05IMUNITY SERVICES THROUGH COTMMUNITY EDUCATION 
"SEC. 810. (a) The Commissioner is authorized to make grants to 20 USC 3290. 
and contracts with public agencies and nonprofit private organizations 
to encourage the use of school facilities and other facilities eligible to 
receive assistance under this title for the efficient and coordinated 
delivery of community services set forth in sections 806(b) and 807. 
Kach such application shall contain provisions to assure that the public 
agency or nonprofit private organization making application has 
entered or will enter into contractual arrangements or other suitable 
forms of agreement with the local educational agency concerned. 
"(b) Xo grant may be made under the provisions of this section 
unless an application is made to the Commissioner at such time, in 
such manner and containing or accompanied by such information, as 
• 
the Commissioner may reasonably require. 
"(c) There are authorized to be appropriated $5,000,000 for fiscal Appropriation 
year 1979. $7,000,000 for fiscal year 1980, $10,000,000 for fiscal year authorization. 
1981, $7,000,000 for fiscal year 1982, and $5,000,000 for fiscal year 1983 
to carry out the provisions of this section. 
" N A T P O N A L LEADERSHIP AND PLANNING 
"SEC. 811. (a) The Assistant Secretary shall undertake certain 20 USC 3291. 
national leadership and planning activities in order to assist the pur-
poses of this title. Such activities include but are not limited to national 
39-194 O-
-pt. 2 
64 : QL3 
92 STAT. 2290 
PUBLIC LAW 95-561—NOV. 1, 1978 
Appropriation 
authorization. 
leadership, including publications, convening of national conferences, 
and other dissemination activities to provide information of successful 
community education programs and activities. 
"(b) There are authorized to be appropriated for fiscal year 1979 
and for each fiscal year ending prior to October 1, 1983, $5,000,000 to 
carry out the provisions of this section. 
20 use 3292. 
Appropriation 
autnorizations. 
"TRAINING OF COMMUNITY EDUCATION 
PERSONNEL 
"SEC. 812. (a) The Commissioner is authorized to make grants to 
institutions of higher education for the purpose of providing full-time 
and part-time training for personnel who are engaged in or who intend 
to engage in community education programs. 
"(b) (1) No grant may be made under the provisions of this section 
unless an application is made at such time, in such manner, and con-
taining or accompanied by such information as the Commissioner may 
I'easonably require. 
"(2) No grant may be entered into under the provisions of this sec-
tion unless provision is made in the application for the institution of 
higher education to consult with appropriate State and local educa-
tional agencies. 
"(c) There are authorized to be appropriated $5,000,000 for fiscal 
year 1979, $10,000,000 for fiscal year 1980, $15,000,000 for fiscal year 
1981, $10,000,000 for fiscal year 1982, and $5,000,000 for fiscal year 
1983 to carry out the provisions of this section. 
20 use 3293. 
Appropriation 
authorizations. 
"RESEARCH 
"SEC. 813. (a) In conjunction with the planning activities required 
of the Assistant Secretary for Education under section 811 of this 
title, the Director of the National Institute of Education shall carry 
out a program of research on community education programs, from 
sums available under subsection (b) of this section. Such research 
shall include an analysis of program impact with respect to individ-
uals and communities, the importance of parental involvement, school 
vandalism and violence, and the effect of non-Federal funds contrib-
uted under provisions of section 815 of this title. 
"(b) There are authorized to be appropriated $1,000,000 for fiscal 
year 1979 and for each succeeding fiscal year ending prior to October 1, 
1983, to carry out the provisions of this section. 
' 
"ADMINISTRATION 
20 use 3294. 
"SEC. 814. (a) The Commissioner shall establish or designate a clear-
inghouse to gather and disseminate information received from com-
'' 
• 
munity education programs, including but not limited to, information 
regarding new programs, methods to encourage community participa-
tion, methods of "formulating and conducting needs assessments, and 
the ways of coordinating community education programs with other 
community services, with particular emphasis upon the coordination 
of delivery of community services described in section 806(b). The 
Commissioner is authorized to contract with public agencies or pri-
vate organizations to establish and operate the clearinghouse. 
"(b) (1) There is established, subject to part D of the General Edu-
20 use 1233. 
cation Provisions Act, in the Office of the Commissioner, a Community 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2291 
Education Advisory Council (referred to in this section as the 'Advi-
sory Council') to be composed of eleven members. The members of the 
Advisory Council shall be appointed by the Secretary, without regard 
to political affiliation. 
"(2) A substantial number of the members of the Advisory Coun-
cil shall be individuals experienced in the operation of community edu-
cation programs and the training of such individuals. The Council 
shall include participants and consumers of community education 
programs. 
"(3) Appointments to the Advisory Council shall be completed 
• ' 
within three months after enactment of this title. Individuals serving 
in any predecessor Community Education Advisory Council may be 
appointed under this subsection. 
"(4) The Commissioner shall make available to the Advisory Coun-
cil such staff, information, and other assistance as it may require to 
carry out its activities. 
"(5) The Advisory Council shall advise the Commissioner on 
policy mattters relating to the interests of community schools and the 
community education program authorized by this title. 
"(6) The Advisory Council shall advise the National Institute of 
Education with respect to the research concerning community educa-
tion programs, and shall advise the Office of Education with respect 
to the evaluation of such programs. The Council shall present to Con-
gress a complete and thorough assessment of the programs and oper-
ation of this section for each fiscal year. 
"(7) No member of the Council shall evaluate any community edu-
cation program if such member is associated with that program as a 
consultant, technical advisor, or in any other similar capacity. 
"(c) The program authorized by this part shall be under the author-
ity of the Executive Deputy Commissioner for Educational Programs. 
"(d) (1) There are authorized to be appropriated for the fiscal year Appropriation 
1979 and for each fiscal year ending prior to October 1,1983, $500,000 authorizations, 
to carry out the provisions of subsection (a) of this section. 
"(2) There are authorized to be appropriated for fiscal year 1979 
and for each succeeding fiscal year ending prior to October 1, 1983, 
$500,000 to carry out the provisions of subsection (b) of this section. 
"(3) There are authorized to be appropriated for fiscal year 1979 
and for each succeeding fiscal year ending prior to October 1, 1983, 
such sums, but not to exceed $1,000,000 in any fiscal year, as are 
necessary to provide for the administration of this title. 
u 
FEDERAL SHARE 
"SEC. 815. (a) The Federal share of the cost of the State plan 20 USC 3295. 
approved under section 807 shall be 80 per centum for fiscal year 1979, 
70 per centum for fiscal year 1980, 50 per centum for fiscal year 1981, 
30 per centum for fiscal year 1982, and 20 per centum for the fiscal 
year 1983. 
"(b) The Federal share of the cost of applications of local educa-
tional agencies approved under section 808 shall be 90 per centum 
for fiscal years 1979 and 1980, 80 per centum for the fiscal year 1981 
and each of the two succeeding fiscal years. 
"(c) The Federal share of the cost of grants to nonprofit organiza-
tions under section 809 shall be 90 per centum for fiscal years 1979 and 
1980, and 80 per centum for the fiscal year 1981 and for each of the 
two succeeding fiscal years.". 
92 STAT. 2292 
PUBLIC LAW 95-561—NOV. 1, 1978 
Gifted and 
Talented 
Children's 
Education Act 
of 1978. 
20 use 3311. 
20 use 3312. 
20 use 3313. 
ADDITIONAL PROGRAMS AUTHORIZED 
SEC. 802. The Act is amended by adding after title X I I I , as added 
by section 801, the following new title: 
" T I T L E I X — A D D I T I O N A L P R O G R A M S 
"PART A—GIFTED AND TALENTED 
CHILDREN 
u 
SHORT TITLE; 
PURPOSE 
"SEC. 901. (a) This part may be cited as the 'Gifted and Talented 
Children's Education Act of 1978'. 
"(b) The Congress hereby finds and declares that— 
"(1) the Nation's greatest resource for solving critical national 
problems in areas of national concern is its gifted and talented 
children, 
"(2) unless the special abilities of gifted and talented children 
are developed during their elementary and secondary school years, 
their special potentials for assisting the Nation may be lost, and 
"(3) gifted and talented children from economically disad-
vantaged families and areas often are not afforded the oppor-
tunity to fulfill their special and valuable potentials, due to 
inadequate or inappropriate educational services. 
"(c) It is the purpose of this part to provide financial assistance to 
State and local educational agencies, institutions of higher education, 
and other public and private agencies and organizations, to assist such 
agencies, institutions and organizations to plan, develop, operate, and 
improve programs designed to meet the special educational needs of 
gifted and talented children. 
li DEFINITION 
"SEC. 902. For the purposes of this part, the term 'gifted and 
talented children' means children and, whenever applicable, youth, 
who are identified at the preschool, elementary, or secondary level as 
possessing demonstrated or potential abilities that give evidence of 
high performance capability in areas such as intellectual, creative, 
specific academic, or leadership ability, or in the performing and 
visual arts, and who by reason thereof, require services or activities 
not ordinarily provided by the school. 
a 
AUTHORIZATION OF APPROPRIATIONS ; APPORTIONMENT OF APPROPRIATIONS 
"SEC. 903. (a) For the purpose of carrying out this part there are 
authoiized to be appropriated $25,000,000 for fiscal year 1979, 
$30,000,000 for fiscal year 1980, $35,000,000 for fiscal year 1981, 
$40,000,000 for fiscal year 1982, and $50,000,000 for fiscal year 1983. 
"(b) (1) From the amounts appropriated under subsection (a) for 
each fiscal year, the Commissioner shall reserve 25 per centum or 
$5,000,000, whichever is less, for carrying out the provisions of sec-
tion 905, relating to discretionary programs. 
"(2) The remainder of the sums appropriated under subsection (a) 
for each fiscal year shall be available to carry out the provisions of 
section 904, relating to State programs. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2293 
"STATE PROGRAMS 
"SEC. 904. (a) From the amounts available in any fiscal year under 20 USC 3314. 
section 903(b)(2), the Commissioner shall make grants to State 
educational agencies for the Federal share of the cost of planning, 
developing, operating, and improving programs designed to meet the 
educational needs of gifted and talented children at the preschool, 
elementary, and secondary levels. Such programs may include 
inservice training of personnel to teach such children. 
"(b) (1) Except as provided in paragraph (2), to the extent funds 
are available in any fiscal year to carry out the provisions of this 
section, the Commissioner shall distribute funds so as to assure that 
' 
each State educational agency which submits an application which 
fully meets all requirements of this section and is approved by the 
Commissioner will receive not less than $50,000 in that fiscal year. If 
sums appropriated for any fiscal year for making payments under this 
subsection are not sufficient to pay in full the amount to which each 
State educational agency is entitled under the previous sentence, such 
amounts shall be ratably reduced. 
"(2) In any fiscal year in which appropriations under this part 
equal or exceed $15,000,000, the Commissioner shall allot the amount 
so appropriated in accordance with the provisions of section 906. 
"(c) Each State educational agency desiring to receive a grant under 
this section shall submit an application at such time, in such manner 
and accompanied by such information as is necessary for the purposes 
of this section. Each such application shall contain assurances that— 
"(1) funds paid to the State educational agency will be 
expended solely to plan, develop, operate, and impix)ve programs 
and projects which— 
"(A) are designed to identify the educational needs of 
gifted and talented children, 
"(B) are of sufficient size, scope, and quality to hold reason-
able promise of making substantial progress toward meeting 
such needs, and 
"(C) give appropriate consideration to the particular edu-
cational needs of disadvantaged gifted and talented children; 
"(2) (A) the State educational agency will reserve from funds 
made available under this section in each fiscal year not more than 
10 per centum of such funds for the purpose of administration, 
technical assistance, coordination, and statewide planning related 
to programs and projects designed to meet the needs of gifted and 
talented children; 
"(B) tlie State educational agency will distribute, on a com-
petitive basis, not less than 90 per centum of the funds made avail-
able under this section for payments to local educational agencies 
within the State which apply to the State educational agency, with 
due regard for the quality of activities proposed in the application 
of the local educational agencies; 
" (3) the State educational agency will use at least 50 per centum 
of the funds made available under this section for programs and 
projects which include a component for the identification and edu-
cation of disadvantaged gifted and talented children from low-
income families; 
"(4) the State educational agency and the local educational 
agencies within the State may use funds made available under this 
92 STAT. 2294 
PUBLIC LAW 95-561—NOV. 1, 1978 
section to acquire instructional equipment only if such equipment 
will enhance the program or project for which such funds are 
furnished; 
Ante, p. 2234. 
"(5) (A) the requirements of section 406 of this Act (relating 
to participation of pupils and teachers in private elementary and 
secondary schools) are met unless such requirements cannot legally 
be met in the State (as determined by the State educational 
agency); 
"(B) the State educational agency will not approve the appli-
cation of a local educational agency within the State for assistance 
under this section unless the State educational agency deter-
mines that in designing the proposal subject to the application 
the needs of children in nonprofit private elementary and second-
ary schools have been taken into account through the consultation 
with private school officials and by other appropriate means; and 
"(6) the State educational agency will provide to local educa-
tional agencies within the State, which are unable to compete due 
to smaller size or lack of financial resources, technical assistance 
in preparing proposals and in planning, developing, and operat-
ing programs under this section. 
"(d) The Commissioner shall approve any application which meets 
the requirements of subsection (c) and not disapprove any such 
application without first affording an opportunity for a hearing. 
- 
"DISCRETIONART PROGRAMS 
< 
20 use 3315. 
"SEC. 905. (a) From the amounts available in any fiscal year under 
Grants. 
section 903(b) (1) the Commissioner may— 
"(1) make grants to State educational agencies, local educa-
tional agencies, institutions of higher education, and other public 
and private agencies and organizationSj to assist them in establish-
ing or maintaining programs or projects designed to meet the 
educational needs of gifted and talented children including the 
training of personnel in educating gifted and talented children 
or in supervising such personnel; 
"(2) make grants to State educational agencies to assist them, 
either directly or through arrangements by the State educational 
agencies with other institutions, agencies, and organizations 
eligible to receive funds under this part, to provide training of 
personnel engaged in the education of gifted and talented children 
or supervision of such personnel; 
"(3) enter into contracts with, and make grants to, jmblic agen-
cies and private organizations including State and local educa-
tional agencies, to establish and operate model projects for the 
identification and education of gifted and talented children; 
" (4) make grants to, or enter into contracts with, public agen-
cies, private organizations, or institutions which together or singly 
constitute a clearinghouse to disseminate information about pro-
grams, services, resources, research, methodolgy, and media 
materials for the education of gifted and talented children; 
"(5) make grants to State educational agencies to assist them in 
the statewide planning, development, operation, and improvement 
of programs and projects designed to meet the educational needs 
of gifted and talented children; and 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2295 
" (6) conduct, either directly or by grant or contract, a program 
of research, evaluation, and related activities pertaining to the 
education of gifted and talented children and may transfer to 
the National Institute of Education pursuant to subsection (c) 
not more than 20 per centum of the sums available in any fiscal 
year to carry out the provisions of this section, 
to pay the Federal share of the cost of such grants or contracts. Not 
more than 20 per centum of the sums available in any fiscal year under 
this section may be used pursuant to clause (1) of this subsection for 
grants to institutions of higher education for the training of national 
leadership personnel. 
"(b) (1) No grant may be made and no contract may be entered 
into under this section unless an application is submitted to the Com-
missioner in such form, in such manner, and containing such informa-
tion, as is necessary for the purposes of this section. 
" (2) The requirements of section 406 of this Act (relating to the Ante, p. 2234. 
participation of pupils and teachers in private, elementary and sec-
ondary schools) shall apply to programs and projects under this sec-
tion unless such requirements cannot legally be met in the State (as 
determined by the State educational agency of the State in which the 
applicant for funds under this section is located). 
"(c) (1) Notwithstanding the second sentence of section 405(b) (1) 
of the General Education Provisions Act, the National Institute of 20 USC 1221e 
Education may, in accordance with the terms and conditions of section 
405 of such Act, carry out a program of research and related activities 
pertaining to the education of gifted and talented children from funds 
transferred pursuant to subsection (a) (6). 
"(2) For purposes of this section the term 'research, evaluation and 
related activities' means research, research training, evaluation, sur-
veys, and demonstrations in the field of education of gifted and tal-
ented children and youth or the dissemination of information derived 
from such research, surveys or demonstrations, and all such activities, 
including experimental and model schools. 
"Research, 
evaluation and 
related 
activities." 
a 
STATE ALLOTMENTS 
"SEC. 906. (a)(1) In any fiscal year in which appropriations for this 20 USC 3316. 
part are equal to or exceed $15,000,000 the Commissioner shall allot, 
from amounts available under section 903(b) (2), not more than 1 per 
centum among— 
"(A) Guam, American Samoa, the Virgin Islands, the Trust 
Territory of the Pacific Islands, and the Northern Mariana 
Islands; 
"(B) programs for children and teachers in elementary and 
secondary schools operated for Indian children by the Department 
of the Interior; and 
" (C) programs authorized for children and teachers in overseas 
> 
dependent schools of the Department of Defense, 
in accordance with their respective needs. 
"(2) From the remainder of such sums in any such fiscal year, the 
Commissioner shall allot to each State which has an application meet-
ing the requirements of section 904, an amount which bears the same 
ratio to such remainder as the number of children in the State aged 
5 to 17 years, inclusive, bears to the number of children in all States, 
92 STAT. 2296 
PUBLIC LAW 95-561—NOV. 1, 1978 
except that no State shall receive less than $50,000 in any such fiscal 
year. 
"(3) For the purpose of this subsection the term 'State' means the 
several States, the Commonwealth of Puerto Rico, and the District of 
Columbia. 
"(b) The amount of any State's allotment under subsection (a) for 
any fiscal year which the Commissioner determines will not be 
required for such fiscal year shall be available for reallotment from 
time to time, on such dates during such year as the Commissioner may 
fix, to other States in proportion to the original allotments to such 
States under subsection (a) for that year but with such proportionate 
amount for any of such other States being reduced to the extent it 
exceeds the sum the Commissioner estimates such State needs and will 
be able to use for such year; and the total of such reduction shall be 
similarly reallotted among the States whose proportionate amounts 
were not so reduced. Any amounts reallotted to a State under this sub-
section during a year from funds appropriated under section 903 shall 
be deemed part of its allotment under section (a) for such year. 
"ADMINISTKATION" 
20 use 3317. 
"SEC. 907. (a) The Commissioner shall designate an administrative 
unit within the Office of Education to administer the programs and 
projects authorized by this part and to coordinate all programs for 
gifted and talented children and youth administered by the Office of 
Education. 
" (b) Notwithstanding any other provision of law, any Indian tribe 
which operates schools for its children shall be deemed to be a local 
educational agency for the purposes of this part. 
"(c) No financial assistance may be made to a local educational 
agency for a period in excess of 5 years. The limitation contained in 
this subsection shall not apply to any financial assistance extended 
Ante, p. 2143. 
prior to the date of enactment of the Education Amendments of 1978. 
"FEDERAL SHARE 
20 use 3318. 
"SEC. 908. The Federal share for any fiscal year shall be 90 per 
centum, except that the Federal share for the clearinghouse activities 
under section 905 (a) (4), the research, evaluation and related activities 
under section 905(a)(6), and programs and projects involving the 
participation of students in for nonprofit private elementary and sec-
ondary schools shall be 100 per centum. 
"PART B—EDUCATIONAL PROFICIENCY 
STANDARDS 
c
c 
GRANTS TO IMPLEMENT EDUCATIONAL PROFICIENCY STANDARDS 
20 use 3331. 
"SEC. 921. (a) The Commissioner is authorized to make grants to 
any State educational agency (or to any local educational agency 
located in a State in which the State educational agency has not sub-
mitted an application for a grant under this section) to carry out any 
plan approved by the Commissioner in accordance with this section 
to assist students in achieving levels of educational proficiency com-
patible with basic standards established by such educational agency. 
"(b) (1) Each applicant which desires to receive a grant under this 
section may submit an application to the Commissioner. Any such 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2297 
application shall be submitted in such form, and in accordance with 
such procedures, as the Commissioner shall require and shall contain 
an educational proficiency plan, as described in paragraph (2) of this 
subsection. 
"(2) The educational proficiency plan referred to in paragraph (1) 
of this subsection— 
"(A) shall contain a description of the educational proficiency 
standards established by the applicant for reading, writing, math-
ematics, and any other subject for which the State may require 
such standards; 
"(B) shall contain a description of the programs designed to 
assist students in achieving levels of educational proficiency com-
patible with the standards described in subparagraph (A) of this 
paragraph; 
"(C) may provide for the administration of examinations to 
students, at specified intervals or grade levels, to measure their 
reading, writing, or mathematical proficiency, or their proficiency 
in other subjects which the applicant considers appropriate for 
testing; and 
"(D) shall contain the assurances of the applicant that any 
student who fails any examination provided for under subpara-
graph (C) of this paragraph shall be offered supplementary 
instruction in the subject matter covered by such examination. 
"(c) The Commissioner shall award a grant to any applicant, in 
such amounts as the Commissioner considers appropriate, only if 
(1) the Commissioner approves the educational proficiency plan sub-
mitted by the applicant pursuant to subsection (b) of this section, and 
(2) the application submitted pursuant to such subsection satisfies all 
other requirements established by the Commissioner. Grants awarded 
under this section may be used by applicants either to continue to 
implement their ongoing educational proficiency plans, or to imple-
ment new plans, including the provision of supplementary instruction 
to be provided to students who fail the examinations. 
"(d) There are authorized to be appropriated to carry out this 
section such sums as may be necessary for the fiscal year ending Sep-
tember 30, 1979, and for each of the four succeeding fiscal years. 
"(e) For purposes of this section, the term 'applicant' means any "Applicant 
State or local educational agency which submits an application under 
this section. 
"(f) Nothing in this section shall authorize the Commissioner to 
impose tests on State educational agencies or local educational agen-
cies, and no such ai?ency shall be compelled in any way to apply for 
funds under this section. 
Appropriation 
authorization. 
"ACHIEVEMENT TESTING ASSISTANCE 
"SEC. 922. (a) The Commissioner is authorized, either directly or 20 USC 3332. 
through grants or contracts awarded to State and local educational 
agencies and other public agencies, organizations, and institutions, and 
through contracts with private agencies, organizations, and institu-
tions, to assist State and local educational agencies to develop their 
capacity to conduct programs of testing the achievement in the basic 
skills of children in elementary and secondary schools. The activities 
which may be supported under this section include— 
"(1) disseminating information to State and local educational 
agencies on the availability and uses of achievement tests; 
92 STAT. 2298 
PUBLIC LAW 95-561—NOV. 1, 1978 
Women's 
Educational 
Equity Act of 
1978. 
20 use 3341. 
20 use 1681. 
"eouncil." 
20 use 3342. 
"(2) training of and assistance to administrators, teachers, and 
; other instructional personnel in the use of tests and test results; 
. 
and 
"(3) research and evaluation designed to determine improved 
means of assessing more accurately the achievement of children 
in basic skills and of diagnosing instructional needs. 
"(b) Nothing in this section shall authorize the Commissioner to 
require specific tests or test questions. Any State or local educational 
agency may refuse to use any test or test question developed under this 
section. 
"(c) There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this section for fiscal year 1980, 
and for each of the three succeeding fiscal years. 
. 
"PART C—WOMEN'S EDUCATIONAL EQUITY 
: 
; 
"SHORT TITLE; PURPOSE 
"SEC. 931. (a) This part may be cited as the 'Women's Educational 
Equity Act of 1978'. 
"(b) (1) The Congress finds and declares that educational programs 
in the United States, as presently conducted, are frequently inequi-
table as such programs relate to women and frequently limit the full 
participation of all individuals in American society. 
"(2) It is the purpose of this part to provide educational equity for 
women in the United States and to provide financial assistance to 
enable educational agencies and institutions to meet the requirements 
of title IX of the Education Amendments of 1972. 
"(c) As used in this part, the term 'Council' means the National 
Advisory Council on Women's Educational Programs. 
a. 
GRANT AND CONTRACT AUTHORITY 
"SEC. 932, (a) The Commissioner is authorized to make grants to, 
and enter into contracts with, public agencies, private nonprofit agen-
cies, organizations, and institutionsj including student and community 
groups, and individuals, for activities designed to achieve the purpose 
of this part at all levels of education, including preschool, elementary 
and secondary education, higher education, and adult education. The 
activities may include— 
"(1) demonstration, developmental, and dissemination activities 
of national, statewide, or general significance, including— 
"(A) the development and evaluation of curricula, text-
books, and other educational materials related to educational 
equity; 
"(B) model preservice and inservice training programs for 
educational personnel with special emphasis on programs and 
activities designed to provide educational equity; 
,; 
"(C) research and development activities designed to 
advance educational equity; 
"(D) guidance and counseling activities, including the 
development of nondiscriminatory tests, designed to insure 
educational equity; 
"(E) educational activities to increase opportunities for 
? , 
adult women, including continuing educational activities and 
programs for underemployed and unemployed women; and 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2299 
"(F) the expansion and improvement of educational pro-
grams and activities for women in vocational education, career 
education, physical education, and educational adminis-
tration ; and 
"(2) assistance to eligible entities to pay a portion of the costs 
of the establishment and operation, for a period of not to exceed 
two years, of special programs and projects of local significance 
to provide equal opportunities for both sexes, including activities 
listed in paragraph (1), activities incident to achieving compli-
ance with title IX of the Education Amendments of 1972 and 20 USC 1681. 
other special activities designed to achieve the purposes of this 
part. 
Xot less than 75 per centum of funds used to support activities covered 
by paragraph (2) shall be used for awards to local educational agencies. 
"(b) For each fiscal year, the Commissioner shall use $15,000,000 
from the funds available under this part to support activities described 
in paragraph (1) of subsection (a). Any funds in excess of $15,000,000 
available under this part shall be used to support activities described 
in paragraph (2) of subsection (a). 
"APPLICATION ; PARTICIPATION 
"SEC. 933. (a) A grant may be made, and a contract may be entered 20 USC 3343. 
into, under this part only upon application to the Commissioner, at 
such time, in such form, and containing or accompanied by such infor-
mation as the Commissioner may prescribe. Each such application 
shall— 
"(1) provide that the program or activity for which assistance 
is sought will be administered by or under the supervision of the 
applicant ; 
(2) describe a program for carrying out one or more of the 
purposes set forth in section 932 (a) which holds promise of making 
a substantial contribution toward attaining such purposes; and 
"(3) set forth policies and procedures which insure adequate 
evaluation of the activities intended to be carried out under the 
application; 
" (b) Nothing in this part shall be construed as prohibiting men and 
boys from participating in any programs or activities assisted under 
this part. 
"SMALL GRANTS 
' 
"SEC. 934. In addition to the authority of the Commissioner under 20 USC 3344. 
section 932, the Commissioner shall carry out a program of small 
grants (as part of the grant program administered under section 932 
j 
(a) (1)), not to exceed $25,000 each, in order to support innovative 
approaches to achieving the purposes of this part; and for that pur-
pose the Commissioner is authorized to make grants to public and pri-
vate nonprofit agencies and to individuals. 
<
( 
CRITERIA AND PRIORITIES 
"SEC. 935. The Commissioner shall establish criteria and priorities 20 USC 3345. 
for awards under this part to insure that available funds are used for 
programs that most effectively will achieve the purposes of this part. 
92 STAT. 2300 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 use 1232. 
Establishment. 
20 u s e 3346. 
Membership. 
Term of office. 
Report to 
President and 
eongress. 
20 u s e 3347. 
Those criteria and priorities shall be promulgated in accordance with 
section 431 of the General Education Provisions Act. 
" N A T I O N A L ADVISORr COUNCIL ON W O M E N ' S EDUCATIONAL PROGRAMS 
"SEC. 936. (a) There is established in the Office of Education a 
National Advisory Council on Women's Educational Programs. The 
Council shall be composed of— 
" (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 who, by virtue of their knowl-
edge or experience, are versed in the role and status of women in 
American society; 
"(2) the staff Director of the Civil Rights Commission; 
"(3) the Director of the Women's Bureau of the Department 
of Labor; and 
"(4) the Director of the Women's Action Program of the 
Department of Health, Education, and Welfare. 
The Council shall elect its own Chairperson from among the members 
described in paragraph (1). 
"(b) The term of office of each member of the Council appointed 
under paragraph (1) of subsection (a) shall be three years, except 
that— 
"(1) the members first appointed under such clause shall serve 
as designated by the President, six for a term of one year, five for 
a term of two years, and six for a term of three years; and 
"(2) any member appointed to fill a vacancy occurring prior 
to the expiration of the term for which his or her predecessor was 
appointed shall be appointed for the remainder of such term. 
"(c) The Council shall— 
"(1) advise the Secretary, Assistant Secretary, and the Com-
missioner on matters relating to equal educational opportunities 
for women and policy matters relating to the administration of 
this part; 
"(2) make recommendations to the Commissioner with respect 
to the allocation of any funds pursuant to this part, including 
criteria developed to insure an appropriate geographical distribu-
tion of approved programs and projects throughout the Nation; 
"(3) recommend criteria for the establishment of program 
priorities; 
"(4) make such reports as the Council determines appropriate 
to the President and the Congress on the activities of the Coun-
cil; and 
"(5) disseminate information concerning the activities of the 
Council under this part. 
"(d) The provisions of part D of the General Education Provisions 
Act shall apply with respect to the Council established under this 
subsection. 
"REPORT 
"SEC. 937. The Commissioner is directed, not later than Septem-
ber 30, 1980, 1982, and 1984, to submit to the President and the Con-
gress and to the Council a report setting forth the programs and 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2301 
activities assisted under this part, and to provide for the distribution of 
this report to all interested groups and individuals, including the Con-
gress, from funds authorized under this part. After receiving the 
report from the Commissioner, the Council shall evaluate the program 
and projects assisted under this part and include such evaluation in 
its annual report. 
u 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 938. For the purpose of carrying out this part there are 20 USC 3348. 
authorized to be appropriated $80,000,000 for fiscal year 1980, and 
each of the three succeeding fiscal years. 
"PART D—SPECIAL GRANTS FOR SAFE SCHOOLS 
"PURPOSE 
"SEC. 941. The purpose of this part is to provide financial assistance 20 USC 3351. 
to aid local educational agencies throughout the Nation to meet spe-
cial needs incident to providing security for children, employees, and 
facilities in elementary and secondary schools by reducing and pre-
venting crimes against them and to encourage the reporting of serious 
crimes committed in schools to local law enforcement agencies. 
a 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 942. There is authorized to be appropriated $15,000,000 for the 20 USC 3352. 
fiscal year ending September 30,1979, and such sums as may be neces-
sary for each of the four succeeding fiscal years to carry out this part. 
u 
ALLOTMENTS TO LOCAL EDUCATIONAL AGENCIES 
"SEC. 943. (a) Within one hundred and eighty days after the date 20 USC 3353. 
of enactment of the Education Amendments of 1978, the Commissioner ^"^«. p- 2143. 
shall select 15 local educational agencies for funding under this sec-
tion. The Commissioner is to take into full account geographical con-
siderations in the determination of the 15 agencies. 
"(b) The sums appropriated to carry out this part for a fiscal year 
shall be allotted by the Commissioner among the local educational 
agencies identified pursuant to subsection (a) in a manner which gives 
consideration to the following criteria in the following order: 
"(1) The extent and impact upon elementary and secondary 
education of crime in the schools of the district to be served, 
including the reported incidences of such crime in the school. 
"(2) Districts which have ongoing programs aimed at promot-
ing school safety, but nothing in this paragraph shall be construed 
to mean that funds made available under this part will be used 
to substitute for local funds in such programs, but rather be used 
to expand such programs. 
" (3) The financial need of such local educational agency. 
"(4) The expense and difficulty of effectively carrying out a 
plan described in section 944(a) in such school district. 
"(5) The degree to which measurable deficiencies in the qual-
ity of public education afforded in such district exceed those of 
other school districts within the State. 
92 STAT. 2302 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 use 3354. 
Regulations. 
Consultation. 
42 use 5601 
note. 
"(6) The degree to which the plan described in section 944(a), 
and the program or project to be assisted, are likely to effect a 
decrease in crime in the schools. 
"(7) The degree to which a local educational agency has devel-
- oped administrative guidelines encouraging the reporting to local 
law enforcement agencies of all serious crimes committed in 
schools under their jurisdiction. 
"(8) The degree to which employees of the local educational 
agency report serious crimes committed in schools to local law 
enforcement agencies. 
"APPLICATION' 
"SEC. 944. (a) A local educational agency may receive a grant under 
this part for any fiscal year only upon application therefor approved 
by the Commissioner, with the consent of the appropriate State educa-
tional agency, upon the Commissioner's determination that the local 
educational agency has adopted and is implementing, or will, if assist-
ance is made available under this part, adopt and implement, a plan 
to reduce crime and increase the safety and security of the students, 
employees, and facilities of its elementary and secondary schools 
through programs and projects designed to carry out the purpose of 
this part, including— 
"(1) the provision of additional professional or other staff 
members (including staff members especially trained in problems 
incident to crime control) and the training and retraining of staff 
for schools which are affected by such a plan; 
"(2) provision of information to parents and other members of 
the general public incident to the development or to the imple-
mentation of such plan; 
"(3) the adoption of administrative guidelines so that school 
officials and staff are encouraged to report all serious crimes 
occurring in school or in school buildings to local law enforcement 
agencies; 
"(4) planning and evaluation activities; 
"(5) other specially designed programs or projects that meet 
the purpose of this part; 
"(b) Funds may also be used for minor alteration of school plants 
and facilities, including the acquisition, installation, modernization, 
or replacement of equipment to reduce the susceptibility of the facility 
to crimes or vandalism. No more than 10 percent of the funds under 
any plan shall be used for this purpose. 
"(c) The Commissioner shall promulgate such regulations as may be 
necessary to provide for the suspension of funding under this part to 
any local educational agency which the Commissioner determines has 
not complied with, the requirements of subsection (a) (3), 
"(d) The Commissioner shall consult with the Associate Adminis-
trator of the Office of Juvenile Justice and Delinquency Prevention for 
the purpose of coordinating programs and activities funded under this 
section with those related programs funded under the Juvenile Justice 
Delinquency Prevention Act of 1974. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2303 
"PART E—^ETHNIC HERITAGE PROGRAM 
"STATEMENT OF POLICY 
"SEC. 951. In recognition of the heterogeneous composition of the 20 USC 3361. 
Nation and of the fact that in a multiethnic society a greater under-
standing of the contributions of one's own heritage and those of one's 
fellow citizens can contribute to a more harmonious, patriotic, and 
committed populace, and in recognition of the principle that all per-
sons in the educational institutions of the Nation should have an oppor-
tunity to learn about the differing and unique contributions to the 
national heritage made by each ethnic group, it is the purpose of this 
part to provide assistance designed to afford to students opportunities 
to learn about the nature of their own cultural heritage, and to study 
the contributions of the cultural heritages of the other ethnic groups 
of the Nation. 
" E T H N I C HERVIAGE 8TX7D1ES PROGRAMS 
"SEC. 962. The Commissioner is authorized to make grants to, and 20 USC 3362. 
contracts with, public and private nonprofit educational agencies, 
institutions, and organizations to assist them in planning, developing, 
establishing, and operating ethnic heritage studies programs, as 
provided in this part. 
"AUTHORIZED ACTIVITIES 
"SEC. 953. Each program assisted under this part shall— 
20 USC 3363. 
"(1) (A) develop curriculum materials for use in elementary or 
secondary schools or institutions of higher education relating to 
the history, geography, society, economy, literature, art, music, 
drama, language, and general culture of the group or groups with 
which the program is concerned, and the contributions of that 
ethnic group or groups to the American heritage; or 
"(B) disseminate curriculum materials to permit their use in 
elementary or secondary schools or institutions of higher educa-
tion throughout the Nation; or 
"(C) provide training for persons using, or preparing to use, 
curriculum materials developed under this part; and 
"(2) cooperate with persons and organizations with a special 
interest in the ethnic group or groups with which the program is 
concerned to assist them in promoting, encouraging, developing, or 
producing programs or other activities which relate to the history, 
culture, or traditions of that ethnic group or groups. 
"APPLICATIONS 
"SEC. 954. (a) Any public or private nonprofit agency, institution, 20 USC 3364. 
or organization desiring assistance under this part shall make appli-
cation therefor in accordance with the provisions of this part and other 
applicable law and with regulations of the Commissioner promulgated 
for the purposes of this part. The Commissioner shall approve an 
application under this part only if he determines that— 
" (1) the program for which the application seeks assistance will 
be operated by the applicant and that the applicant will carry out 
such program in accordance with this part; 
92 STAT. 2304 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 use 3365. 
National 
Advisory Council 
on Ethnic 
Heritage Studies. 
Establishment. 
20 use 3366. 
20 use 1233. 
"(2) such program will involve the activities described in sec-
tion 953; and 
" (3) such program has been planned, and will be carried out, in 
consultation with an advisory council which is representative of 
the ethnic group or groups with which the program is concerned 
and which is appointed in a manner prescribed by regulation. 
"(b) In approving applications under this part, the Commissioner 
shall ensure that there is cooperation and coordination of efforts among 
the programs assisted under this part, including the exchange of mate-
rials and information and joint programs where appropriate. 
(( 
ADMINISTRATIVE 
PROVISIONS 
"SEC. 955. (a) In carrying out this part, the Commissioner shall 
make arrangements which will utilize (1) the research facilities and 
personnel of institutions of higher education, (2) the special knowl-
edge of ethnic groups in local communities and of foreign students 
pursuing their education in this country, (3) the expertise of teachers 
in elementary and secondary schools and institutions of higher edu-
cation, and (4) the talents and experience of any other groups such as 
foundations, civic groups, and fraternal organizations which would 
further the goals of the programs. 
"(b) Funds appropriated to carry out this part may be used to cover 
all or part of the cost of establishing and carrying out the programs, 
including the cost of research materials and resources, academic con-
sultants, and the cost of training of staff for the purposes of carrying 
out the purposes of this part. Such funds may also be used to provide 
stipends (in such amounts as may be determined in accordance with 
regulations of the Commissioner) to individuals receiving training as 
part of such programs, including allowances for dependents. 
(( 
NATIONAL ADVISORY COUNCIL 
"SEC. 956. (a) There is hereby established a National Advisory 
Council on Ethnic Heritage Studies consisting of fifteen members 
appointed by the Secretary who shall be appointed, serve, and be com-
pensated as provided in part D of the General Education Provisions 
Act. 
"(b) Such Council shall, with respect to the program authorized by 
this part, carry out the duties and functions specified in part D of the 
General Education Provisions Act. 
a 
AUTHORIZATION OF APPROPRIATIONS 
20 use 3367. 
"SEC. 957. For the purpose of carrying out this part, there are author-
ized to be appropriated $15,000,000 for each of the fiscal years ending 
prior to October 1, 1983. Sums appropriated pursuant to this section 
shall, notwithstanding any other provision of law unless enacted in 
express limitation of this sentence, remain available for expenditure 
and obligation until the end of the fiscal year succeeding the fiscal year 
for which they were appropriated.". 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2305 
TITLE 
IX—AMENDMENTS 
RELATING 
TO 
GENERAL 
PROVISIONS OF THE ELEMENTARY AND SECONDARY 
EDUCATION ACT OF 1965 
KEVISIOX o r TITLE VIII—GENERAL PROVISIONS 
SEC. 901. (a) (1) The matter preceding the hyphen in section 1001 
of the Act (as redesignated by section 801 of this Act) is amended by 20 USC 3381. 
striking out "and VII" and inserting in lieu thereof "VII, VIII, 
and IX". 
(2) Section 1001 (j) of the Act (as so redesignated) is amended by 
striking out "and VII" and inserting in lieu thereof "VII, VIII, and 
IX" and by inserting before the period a comma and "and the Northern 
Mariana Islands". 
(3) Section 1001(1) of the Act (as so redesignated) is repealed. 
Repeal. 
(b) Section 1004 of the Act (as so redesignated) is amended to read 20 USC 3384. 
as follows: 
"WAIVER OF REQUIREMENTS EOR CERTAIN JURISDICTIONS 
"SEC. 1004. (a) (1) If the Commissioner determines that compliance 
with any of the requirements of this Act by Guam, American Samoa, 
the Virgin Islands, the Northern Mariana Islands, or the Trust Terri-
tory of the Pacific Islands is impractical or inappropriate because of 
conditions or circumstances particular to any of such jurisdictions, 
he may waive any of those requirements upon the request of the State 
educational agency for such jurisdiction. At least thirty days prior to Publication in 
approving any such request for a waiver, the Commissioner shall Federal Register. 
publish in the Federal Register a notice of his intent to grant such a 
waiver and the terms and conditions upon which such a waiver will be 
granted. 
"(2) Any waiver of requirements under this subsection shall be sub-
ject to such terms and conditions as the Commissioner deems necessary 
to carry out the purposes of this Act, including the submission by the 
jurisdiction concerned of a plan for the management of the funds 
provided under this Act, in order to insure that those funds are used 
in a manner designed to achieve the purposes of this Act. 
"(b) (1) If the Commissioner determines that compliance with any 
of the requirements of title I by Puerto Rico is impractical or inappro- Ante, p. 2153. 
priate because of conditions or circumstances particular to that 
jurisdiction, he may waive any of those requirements upon the request 
of the State educational agency for that jurisdiction. At least thirty Publication in 
days prior to approving any such request for a waiver, the Commis- Federal Register, 
sioner shall publish in the Federal Register a notice of his intent to 
grant such waiver and the terms and conditions upon which such a 
waiver will be granted. 
"(2) Any waiver of requirements under this subsection shall be 
subject to such terms and conditions as the Commissioner deems neces-
sary to carry out the purposes of title I, including the submission 
by Puerto Rico of a plan for the management of the funds provided 
under such title, in order to insure that those funds are used in a 
manner designed to achieve the purposes of such title. 
92 STAT. 2306 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(3) No waiver may be granted under this subsection after July 1, 
1980, or apply to any period after such date.". 
TITLE X—IMPACT AID AMENDMENTS 
PART A—PUBLIC LAW 874 
' 
GENERAL EXTENSIONS OF PUBLIC LAW 8 74 
20 use 237. 
SEC. 1001. (a) Section 2 (a) of the Act of September 30,1950 (Public 
Law 874, Eighty-first Congress), is amended by striking out "1978" 
and inserting in lieu thereof "1983". 
20 use 238. 
(b) Section 3 (b) of such Act is amended by striking out "1978" and 
inserting in lieu thereof "1983". 
20 use 239. 
(c) Section 4(a) of such Act is amended by striking out "1978" and 
inserting in lieu thereof "1983". 
(d) Subparagraph (B) of the second paragraph (2) of section 305 
20 use 238 
(a) of the Education Amendments of 1974 is amended by striking out 
note. 
"1978" and inserting in lieu thereof "1983". 
(e) Subparagraph (C) of such paragraph (2) is amended by strik-
ing out "1978" and inserting in lieu thereof "1983". 
REVISION OF JURISDICTIONAL LIMITS ON LOCATIONS OF FEDERAL PROPERTY 
20 use 238. 
SEC. 1002. (a) Section 3 (b) (2) (A) of the Act of September 30,1950 
(Public Law 874, Eighty-first Congress), is amended by inserting 
before the comma the following: ", or in whole or in part in the school 
district of such agency if the school district is located in more than one 
county". 
(b) Section 3(b) (2) (B) of such Act is amended by inserting after 
"county" the following: "or district". 
PROVISIONS REGARDING HEAVILY IMPACTED SCHOOL DISTRICTS 
SEC. 1003. (a) Section 3(d) (1) (A) of the Act of September 30,1950 
(Public Law 874, Eighty-first Congress) is amended by striking out 
"25 per centum" and inserting in lieu thereof "20 per centum". 
(b) Section 3(d) of such Act is amended— 
(1) in paragraph (2) (B) thereof, by striking out "clause (1) 
of" each time it appears therein; and 
(2) in the first sentence of such paragraph, by striking out "the 
Commissioner is authorized, to", and inserting in lieu thereof "the 
Commissioner shall". 
20 use 240. 
(c) (1) Paragraph (2) (A) of section 5(c) of such Act is amended 
to read as follows: 
"(A) To each local educational agency— 
" (i) with respect to which the local contribution rate has been 
increased under paragraph (2) (B) of section 3(d), which equals 
75 per centum of the amount to which such agency is entitled as 
computed under section 3(d) for such fiscal year; and 
"(ii) described in clause (A) of section 3(d) (1) which equals 
75 per centum of the amount to which such agency is entitled, as 
computed under section 3(d), with respect to a determination of 
number of children under section 3 (a) and section 3 (b) (3) of such 
fiscal year;" 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2307 
(2) Paragraph (2) (D) of such section 5 (c) of such Act is amended 20 USC 240. 
by inserting atter "section 3(b)" the following: "(other than such 
children with respect to whom a payment is made under clause (A) (ii) 
of this paragraph)". 
(d) Section 3 of such Act is amended by adding at the end thereof 
20 USC 238. 
the following new subsection: 
"(g) Notwithstanding any other provisions of this Act, no State 
may require that a vote of the qualified electors of a heavily impacted 
school district of a local educational agency be held to determine if 
such school district will spend the amounts to which the local educa-
tional agency is entitled under this Act.". 
ABSORPTION 
SEC. 1004. Subparagraph (A) of paragraph (2) of section 3(d) of Repeal, 
the Act of September 30, 1950 (Public Law 874, Eighty-first Con-
gress) is hereby repealed. 
< 
' 
EARLY PAYMENTS ON THE BASIS OF ESTIMATES 
SEC. 1005. Subsection (b) of section 5 of the Act of September 30, 20 USC 240. 
1950 (Public Law 874, Eighty-first Congress) is amended by inserting 
" (1)" after "(b)" and by adding at the end thereof the following new 
paragraph: 
"(2) Not later than thirty days after the beginning of any fiscal 
j^ear the Commissioner shall, on the basis of any application for pre-
liminary payment from any local educational agency which was eli-
gible for a payment during the preceding fiscal year on the basis of 
entitlements established under section 2 or 3, make such a payment to 
such agency of not less than 75 per centum of the amount that such 
agency received during such preceding fiscal year.". 
STATE EQUALIZATION 
SEC. 1006. (a) Section 5(d) (2) of the Act of September 30, 1950 
(Public Law 874, Eighty-first Congress) is amended by adding at the 
end thereof the following new subparagraph: 
"(C) (i) If a State desires to take payments under this section into 
consideration as provided in this paragraph for any fiscal year, that 
State shall, not later than sixty days prior to the beginning of such 
fiscal year, submit notice to the Commissioner of its intention to do 
so. Such notice shall be in such form and be accompanied by such 
information as to enable the Commissioner to determine the extent 
to which tlie program of State aid of that State is consistent with the 
provisions of subparagraph (A). In addition, such notice shall be 
accompanied by such evidence as the Commissioner finds necessary 
that each local educational agency in that State has been given notice 
of the intention of the State. If the Commissioner determines that the 
program of State aid of a State submitting notice under this subpara-
graph is consistent with the provisions of subparagraph (A), the 
Commissioner shall certify such determination to that State. 
"(ii) Prior to certifying any determination under division (i) for 
Hearing, 
any State for any fiscal year, the Commissioner shall give the local 
educational agencies in that State an opportunity for a hearing at 
which such agencies may present their views with respect to the con-
92 STAT. 2308 
PUBLIC LAW 95-561—NOV. 1, 1978 
sistency of the State aid program of that State with the provisions 
of subparagraph (A). 
"(iii) The Commissioner shall not finally deny to any State for any 
fiscal year certification of a determination under division (i) without 
first giving that State an opportunity for a hearing.". 
20 use 240 note. 
(b) No State or local educational agency located therein shall^ on 
the basis of noncompliance with standards established by regulations 
prescribed pursuant to section 5(d) (2) of the Act of September 30, 
1950 (Public Law 874, Eighty-first Congress), be required to make 
restitution of funds distributed to local educational agencies under 
such Act for the 1977-1978 school year if such State has an equaliza-
tion program which, for the 1978-1979 school year complies with such 
standards. 
' 
^ 
ADJUSTMENTS NECESSITATED BY APPROPRIATIONS 
20 use 240. 
SEC. 1007. (a) Section 5 (c) of the Act of September 30,1950 (Public 
Law 874, Eighty-first Congress) is amended— 
(1) by redesignating paragraph (2) (as amended by section 
1003(c) of this Act) as paragraph (2) (A); 
' 
(2) by striking out "amount—" and inserting in lieu thereof 
the following: "amount equal to 65 per centum of the amounts 
described in the following schedule:"; 
(3) by redesignating divisions (i) and (ii) of clause (A) of 
such paragraph (as added by such section 1003(c)) as subdi-
visions (I) and (II), respectively; 
(4) by redesignating clauses (A), (B), (C), (D), (E), and 
(F) of such paragraph (2) as divisions (i), (ii), (iii), (iv), (v), 
and (vi), respectively; 
(5) by inserting at the end of paragraph (2) the following new 
subparagraph: 
"(B) From that part of the sums which remains after the allo-
cation required by paragraph (1) and by subparagraph (A) of 
this paragraph for any fiscal year, he shall, in accordance with the 
requirements of subsection (e), allocate an amount not to exceed 
35 per centum of the amounts described in the schedule set forth in 
subparagraph (A)."; and 
(6) in the matter following paragraph (3) by striking out 
"paragraph (2)" the second place it appears and inserting "para-
graph (2) (A)". 
(b) Section 5(e) of such Act is amended to read as follows: 
"HOLD HARMLESS; DISCRETIONARY ALLOCATIONS 
"(e) (1) In carrying out the required allocations under paragraph 
(2) of subsection (c), if any amount remains after making allocations 
under paragraph (2) (A) of such subsection, the Commissioner shall 
allocate, from the amounts available under paragraph (2) (B) of such 
subsection, to each local educational agency described in the schedule 
in such paragraph (2) (A) an amount which shall not be less than 90 
per centum of the amount paid to such agency under this section for 
the preceding fiscal year. If sums appropriated for any fiscal year for 
making payments under this section are not sufficient to pay in full 
the amount to which each local educational agency is entitled under 
the previous sentence, such amounts shall be ratably reduced. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2309 
"(2) Any sums which remain from the amounts available under 
paragraph (2) (B) of subsection (c) after making payments required 
by the first sentence of paragraph (1) of this subsection shall be allo-
cated by the Commissioner among local educational agencies which 
have unsatisfied entitlements under sections 3 and 4 in accordance with 20 USC 238, 
appropriations Acts.". 
HEARINGS 
239. 
SEC. 1008. Section 5 of the Act of September 30, 1950 (Public Law 
874, Eighty-first Congress) is amended by adding at the end thereof 20 USC 240. 
the following new subsection: 
"(g) Each local educational agency which is adversely affected or 
aggrieved by any action of the Commissioner under this title shall be 
entitled to a hearing on, and review of, such action in the same manner 
as if such agency were a person under the provisions of chapters 5 and 
7 of title 5, United States Code.". 
5 USC 500, 701. 
CHILDREN FOR WHOM LOCAL AGENCIES ARE UNABLE TO PROVIDE EDUCATION 
SEC. 1009. (a) Section 6(a)(2) of the Act of September 30, 1950 
(Public Law 874, Eighty-first Congress) is amended by inserting after 20 USC 241. 
''(5) the Performance Rating Act of 1950, as amended (5 U.S.C. 2001 
ot seq.)." the following: "Personnel provided for under this subsec- 5 USC 4301 
tion outside of the continental United States, Alaska, and Hawaii, ^^*^9-
shall receive such compensation, tenure, leave, hours of work, and 
other incidents of employment on the same basis as provided for simi-
lar positions in the public schools of the District of Columbia.". 
(b) Section 6(c) of such Act is amended by striking out everything 
after "United States" and inserting in lieu thereof the following: 
"in a grade, position, or classification subject by policy and practice 
to trarsfer or reassignment to areas where English is the language of 
instruction in the schools normally attended by children of Federal 
• 
employees. Dependents of excepted service professional employees of 
the schools shnll be elijrible to attend the schools. In any case where 
education is l)eing provided under an arrangement made under this 
subsection, it shall be presumed that no local educational agency is able 
to provide suitable free public education for the children of eligible 
pfTrents employed bv the United States until the Commissioner deter-
mines, after consultation with the appropriate State educational 
agency, that a local educational agency is able to do so.". 
(c) Section 6(d) of such Act is amended bj'^ inserting at the end 
thereof the following: "The Commissioner shall ensure that funds 
provided under such arrangement or arrangements are expended in 
an efficient manner, and shall require an accounting of funds by such 
agency at least on an annual basis. The Commissioner shall further 
be provided with data relating to the quality and type of education 
provided to such children under such arrangement or arrangements.". 
(d) Section 6 of such Act is further amended by adding at the end 
thereof the following new subsections: 
"(g) The Commissioner shall ensure the establishment of an elective 
school board in schools assisted under this section. Such school lx)ard 
shall be composed of a minimum of three members, elected by the 
parents of students in attendance at such school. The Commissioner 
shall, by regulation, establish procedures for carrying out such school 
board elections as provided in this subsection. 
92 STAT. 2310 
PUBLIC LAW 95-561—NOV. 1, 1978 
"(h) A school board established pursuant to subsection (g) shall 
be empowered to oversee school expenditures and operations, subject 
to audit procedures established by the Commissioner, and other 
provisions of this section.". 
PROMPT COXSn)ERATION FOR APPLICATIONS 
SEC. 1010. (a) Section 7(d) of the Act of September 30,1950 (Public 
20 use 241-1. 
Law 874, Eighty-first Congress), is amended by adding at the end 
thereof a new sentence to read as follows: "In any case m which the 
Commissioner does not complete, within sixty days, all action leading 
to approval or disapproval of an application filed under this section, 
the Secretary of Health, Education, and "Welfare shall assume respon-
sibility for such approval or disapproval of such application and shall 
complete such action within ninety days of the filing of such 
application.". 
(b) Section 16(c) of the Act of September 23, 1950 (Public Law 
20 use 646, 
815, Eighty-first Congress) is amended by adding at the end thereof 
a new sentence to read as follows: "In any case in which the Commis-
sioner does not complete, within sixty days, all action leading to 
' 
approval or disapproval of an application filed under this section, the 
Secretary of Health, Education, and AVelfare shall assume responsi-
bility for such approval or disapproval of such application and shall 
complete such action within ninety days of the filing of such 
application.". 
PROPERTY OWNED BY FOREIGN GOVERNMENTS AND INTERNATIONAL 
ORGANIZATIONS 
SEC. 1011. The second sentence of paragraph (1) of section 403 
of the Act of September 30, 1950 (Public Law 874, Eighty-first 
20 use 244. 
Congress) is amended by striking out "and (!>)" and inserting in lieu 
thereof "(D)" and by striking out the period at the end thereof and 
inserting in lieu thereof the following: "and (E) any property owned 
by a foreign government or by an international organization which by 
reason of such ownership is not subject to taxation by the State in 
which it is located or a subdivision thereof.". 
DEFINITION OF LOCAL EDUCATIONAL AGENCY 
SEC. 1012. Effective October 1, 1979, section 403(6) (A) of the Act 
of September 30, 1950 (Public Law 874, Eighty-first Congress), is 
amended by striking out "free public education" and inserting in lieu 
thereof "free public elementary and secondary education through 
grade 12". 
HANDICAPPED CHILDREN 
SEC. 1013. Paragraph (10) of section 403 of the Act of Septem-
ber 30, 1950 (Public Law 874, Eighty-first Congress) is amended by 
adding at the end thereof the following new sentence: "A child shall, 
20 use 238. 
for the purposes of section 3, be deemed to be in attendance at a school 
of a local educational agency if such child is determined to be federally 
connected under clause (1) or (2) of section 3(a) or under clause (1), 
(2), or (3) of section 3(b) for any fiscal year and if such child is 
attending a school other than a school of such agency because such 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2311 
child is handicapped (as defined in section 602(1) of the Education 
of the Handicapped Act) and if such agency makes a tuition payment 20 USC 1401. 
on behalf of such child to such school for such fiscal year.". 
USE o r AVERAGE DAILY MEMBERSHIP 
SEC. 1014. Paragraph (10) of section 403 of the Act of Septem-
ber 30, 1950 (Public Law 874, Eighty-first Congress) is further 
amended by adding at the end thereof the following new sentence: 
"Begulations promulgated by the Commissioner in accordance with 
clause (A) of this paragraph shall permit the conversion of average 
daily membership to average daily attendance for local educational 
agencies in States which reimburse local educational agencies based 
upon average daily membership and which do not require local edu-
cational agencies to keep records based on average daily attendance.". 
20 USC 244. 
IMPACT AID STUDY 
SEC. 1015. (a) The President shall appoint a Commission on the 
Review of the Federal Impact Aid Program consisting of ten members. 
(b) The Commission shall review and evaluate the administration 
and operation of the impact aid program under the Act of Septem-
ber 30, 1950 (Public Law 874, Eighty-first Congress) including— 
(1) the equity of the present funding structure under Public 
Law 874, 
h 
(2) the relative benefit of the assistance for impact aid under 
Public Law 874 in view of the increasing costs of the program and 
the limitation on the availability of funds, and 
(3) the ways in which districts of local educational agencies 
which are Federally impacted can best be assisted in meeting their 
educational needs. 
(c) (1) The Secretary of Health, Education, and Welfare shall 
assure that the Department of Health, Education, and Welfare provide 
full support and cooperation to the Commission appointed under this 
section. 
(2) The provisions of part D of the General Education Provisions 
Act, not inconsistent with the provisions of this section, shall apply to 
the Commission appointed under this section. 
(3) This Commission shall closely coordinate its activities with 
activities of the Advisory Panel on Elementary and Secondary Educa-
tion authorized under section 1203 of this Act. 
(d) The Commission shall prepare and submit to the President and 
to the Congress not later than December 1,1979, a report on the review 
and evaluation required by this section, together with such recommen-
dations, including recommendations for legislation relating to the 
authorization of the program and funding for the program, as the 
Commission deems appropriate. 
PART B—PUBLIC LAW 
815 
Commission on 
the Review of the 
Federal Impact 
Aid Program. 
20 USC 236 note. 
Post, p. 2335. 
Report to 
President and 
Congress. 
GENERAL EXTENSIONS OF PUBLIC LAW 815 
SEC. 1021. (a) Sections 3 and 16 of the Act of September 23, 1950 
(Public Law 815, Eighty-first Congress), are each amended by striking 
out "1978" and inserting in lieu thereof "1983". 
20 USC 633, 
646. 
92 STAT. 2312 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 use 645. 
(b) Section 15(16) of such Act is amended by striking out "1973-
1974" and inserting in lieu thereof "1978-1979". 
DETERMINATIGX OF NUMBER OF CHILDREN 
20 use 635. 
SEC. 1022. Section 5(a) of the Act of September 23, 1950 (Public 
Law 815, Eighty-first Congress), is amended by striking out para-
graphs (1) and (2) and inserting in lieu thereof the following: 
"(1) the estimated increase, since the base year, in— 
"(A) the number of children determined with respect to 
such agency under section 3(a)(2) of the Act of Septem-
ber 30,1950, multiplied by 100 per centum of the average per 
pupil cost of constructing minimum school facilities in the 
State in which the school district of such agency is situated; 
"(B) the number of children determined with respect to 
such agency under section 3(a) (1) and such Act multiplied 
by 90 per centum of such cost; 
"(2) the estimated increase, since the base year, in— 
"(A) the number of children determined with respect to 
such agency under section 3(b)(3) of such Act multiplied 
by 50 per centum of such cost; 
; 
"(B) the number of children determined with respect to 
such agency under section 3(b)(1) of such Act multiplied 
by 45 per centum of such cost; and 
"(C) the number of children determined with respect to 
such agency under section 3(b)(2) of such Act multiplied 
by 40 per centum of such cost;". 
CONSTRUCTION ARRANGEMENTS 
SEC. 1023. Section 10(a) of the Act of September 23, 1950 (Public 
20 use 640. 
Law 815, Eighty-first Congress), is amended by inserting ", leasing, 
renovating, remodeling, or rehabilitating" after "arrangements for 
constructing" and after "this section for constructing". 
DISASTER ASSISTANCE 
SEC. 1024. Section 16(a) of the Act of September 23, 1950 (Public 
20 use 646. 
Law 815, Eighty-first Congress), is amended by striking out the last 
sentence in the matter following paragraph (6). 
PART C—GENERAL PROVISIONS 
NORTHERN MARIANA ISLANDS 
SEC. 1031. (a) The Act of September 30, 1950 (Public Law 874, 
Eighty-first Congress), is further amended by inserting "the Northern 
Mariana Islands," immediately after "American Samoa," each place it 
20 use 238, 
appears in section 3(d) (3) (B) (iii), 3(d) (3) (C), 6(c), and 403(8). 
241, 244. 
(b) (1) Section 10 (a) of the Act of September 23,1950 (Public Law 
815, Eighty-first Congress), is amended by inserting "American 
Samoa, the Northern Mariana Islands," immediately after "Guam,". 
(2) Section 15 (13) of such Act is amended by inserting "the North-
ern Mariana Islands," immediately after "American Samoa,". 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2313 
EFFECTIVE DATE 
SEC. 1032. This title shall be effective with respect to the 1979 fiscal 20USC237 note, 
year, and subsequent fiscal years, except that— 
(1) the amendments made by section 1006 shall be effective 
upon enactment of this Act, and actions of the Commissioner of 
Education under the Act of September 30,1950 (Public Law 874, 20 USC 236. 
Eighty-first Congress), during or with respect to fiscal year 1978, 
shall be subject to the provisions of such amendments; 
(2) the amendments made by sections 1003,1007,1011, and 1012 
shall be effective with respect to fiscal year 1980, and subsequent 
fiscal years; and 
(3) the provisions of section 1015 shall be effective upon enact-
ment of this Act. 
TITLE XI—INDIAN EDUCATION 
PART A—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES 
AMENDMENT TO PUBLIC LAW 8 74 
SEC. 1101. (a) Effective with respect to fiscal years beginning 
on or after the date of enactment of this Act, section 3(d)(2) of 
the Act of September 30, 1950 (Public Law 874, Eighty-first Con-
gress) , is amended by adding at the end thereof the following new 20 USC 238. 
subparagraph: 
"(D) The amount of the entitlements of any local educational agency 
under this section for any fiscal year with respect to children who, 
while in attendance at such agency, resided on Indian lands, as 
described in clause (A) of section 403(1), shall be the amount deter-
mined under paragraph (1) with respect to such children for such 
fiscal year multiplied by 125 per centum.". 
(b) Effective with respect to fiscal years beginning on or after the Repeal, 
date of enactment of this Act, section 5(a)(2) of the Act of Septem-
ber 30, 1950 (Public Law 874, Eighty-first Congress) is repealed and 20 USC 240. 
section 5(a)(1) of such Act is redesignated as section 5(a). 
(c) Effective with respect to fiscal years beginning on or after the 
date of enactment of this Act, section 5(b) of the Act of September 30, 
1950 (Public Law 874, Eighty-first Congress), is amended by insert-
ing after paragraph (2) (as added by section 1005 of this Act) the 
following new paragraph: 
"(3) (A) Payments of entitlements under section 3(d)(2)(D) of 
this Act shall be made only to local educational agencies which have, 
within one year of the date of enactment of this paragraph, or when 
local educational agencies are formed after such date of enactment, 
within one year of their formation, established such policies and pro-
cedures with respect to information received from Indian parents and 
tribes as required by this paragraph and which have made assurances 
to the Commissioner, at such time and in such manner as shall be 
determined by regulation, that such policies and procedures have been 
established. The Commissioner shall have the authority to waive this 
one-year limit for good cause, and in writing to the tribes to be affected. 
"(B) Each local educational agency shall establish such policies and 
procedures as are necessary to insure that— 
92 STAT. 2314 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 use 238. 
"(i) Indian children claimed under section 3(a) participate 
on an equal basis in the school program with all other children 
educated by the local educational agency; 
"(ii) applications, evaluations, and program plans are ade-
quately disseminated to the tribes and parents of Indian children 
claimed under section 3(a) ; and 
"(iii) tribes and parents of Indian children claimed under sec-
tion 3(a) are— 
"(I) afforded an opportunity to present their views with 
respect to the application, including the opportunity to make 
recommendations concerning the needs of their children and 
the ways by which they can assist their children in realizing 
the benefits to be derived from the educational programs 
assisted under this paragraph; 
"(II) actively consulted and involved in the planning and 
development of programs assisted under this paragraph; and 
"(III) afforded a general opportunity to present their 
overall views on the educational program, including the 
operation of such programs, and the degree of parental 
participation allowed. 
Written 
" (C) (i) Any tribe, or its designee, which has students in attendance 
complaint. 
^^ ^ local educational agency may file a written complaint with the 
Commissioner regarding any action of a local educational agency 
taken pursuant to, or relevant to, the requirements of subparagraph 
(B) of this paragraph. 
"(ii) Within ten working days from receipt of the complaint, the 
Commissioner shall— 
Hearing. 
"(I) designate a time and place for a hearing into the matters 
relating to the complaint at a location in close proximity to the 
local educational agency involved, or, if the Commissioner deter-
mines there is good cause, at some other location convenient to 
both the tribe, or its designee, and the local educational agency; 
"(II") designate a hearing examiner to conduct the hearing; and 
"(III) notify the affected tribe or tribes and the local educa-
tional agency involved of the time, place, and nature of the hearing 
and send copies of the complaint to the local educational agency 
and the a 
ffected 
tribe or tribes, 
"(iii) The hearing shall be held within thirty days of the designa-
tion of a hearing examiner and shall be open to the public. A record 
of the proceedings shall be established and maintained. 
"(iv) The complaining tribe, or its designee, and the local educa-
tional agency shall be entitled to present evidence on matters relevant 
to the complaint and to make recommendations concerning the appro-
priate remedial actions. Each party to the hearing shall bear only its 
own costs in the proceeding. 
"(v) Within thirty days of the completion of the hearing, the 
hearing examiner shall, on the basis of the record, make written 
findings of fact and recommendations concerning appropriate remedial 
actions (if any) which should be taken. The hearing examiner's 
findings and recommendations, along with the hearing record, shall 
be forwarded to the Commissioner. 
"(vi) Within thirtv days of his receipt of the findings, recommen-
dations, and record, the Commissioner shall, on the basis of the record, 
make a written determination of the appropriate remedial action, if 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2315 
any, to be taken by the local educational agency, the schedule for com-
pletion of the remedial action, and the reasons for his decision. 
"(vii) Upon completion of his final determination, the Commis-
sioner shall provide the complaining tribe, or its designee, and the 
local educational agency with copies of the hearing record, the hearing 
examiner's findings and recommendations, and the Commissioner's 
final determination. The final determination of the Commissioner shall 
be subject to judicial review. 
"(viii) In all actions under this subparagiaph, the Commissioner 
shall have discretion to consolidate complaints involving the same 
tribe or local educational agency. 
"(D) If the local educational agency rejects the determination of 
the Commissioner, or if the remedy required is not undertaken within 
the time established and the Commissioner determines that an exten-
sion of the time established will not eifectively encourage the remedy 
required, the Commissioner shall withhold payment of all moneys to 
which such local agency is entitled under section 3(d) (2) (D) until 20 USC 238. 
sitich time as the remedy required is undertaken, except where the com-
plaining tribe or its designee formally re(|uests that such funds be 
released to the local educational agency: Provided., That the Commis-
sioner may not withhold such moneys during the course of the school 
year if he determines that it would substantially disrupt the educa-
tional programs of the local educational agency. 
"(E) This paragraph is based upon the special relationship between 
the Indian nations and the United States and nothing in it shall be 
deemed to relieve anv State of any dutv with respect to anv citizens of 
that State.". 
' 
(d) "Within one year of the date of enactment of this Act, the Regulations. 
Secretary, in cooperation with the Commissioner, shall propose and 20 USC 240 note, 
promulgate special regulations which will provide that where a local 
educational agency does not undertake the remedial action required by 
the Commissioner under section 5(b) (3) (C) (vi) of the Act of Sep-
tember 30,1950 (Public Law 874, Eighty-first Congress) and the Com- 20 USC 240. 
missioner determines that an extension of time will not effectivelv 
encourage the remedy, the affected tribes may elect to contract with 
the Bureau under title I of the Indian Self-Determination and Edu-
cation Assistance Act to provide educational services provided by 25 USC 450f. 
the local educational agency or elect to have such services provided by 
a Bureau of Indian Affairs school. Such regulations shall also estal)-
lish procedures whereby the funding necessary to provide such educa-
tional services may be obtained, and establish such procedures as are 
necessary to insure orderly and expeditious transition in provision 
of educational services. 
(e) Effective with respect to fiscal years beginning on or after the 
date of the enactment of this Act, section 5(c) (2) (A) of the Act of 
September 30, 1950 (Public Law 874, Eighty-first Congress), as 
amended by section 1007 of this Act, is amended by redesignating divi-
sions (ii) through (vi) as divisions (iii) through (vii), respectively, 
and by adding after division (i) the following new division: 
"(ii) to each local educational agency which provides free pub-
lic education for children who reside on Indian land, as described 
in clause (A) of section 403 (1), which equals 75 per centum of the 20 USC 244. 
amount to which such agency is entitled under section 3(d)(2) 
(D);". 
92 STAT. 2316 
PUBLIC LAW 95-561—NOV. 1, 1978 
FUXDIXG PROVISION 
Publication in 
SEC. 1102. (a) The Secretary of the Interior shall develop altema-
Federal Register, tive methods for the equitable distribution of any supplement pro-
25 use 13 note, gram funds provided, pursuant to an appropriation under the Act of 
25 use 13. 
November 2, 1921, commonly referred to as the Snyder Act, for con-
tracting under the Act of April 16, 1934, commonly referred to as the 
25 use 452 note. Johnson-O'Malley Act, and shall publish in the Federal Register by 
March 1, 1979, such alternatives for the purpose of allowing eligible 
Field survey. 
tribes to comment by May 1, 1979. At that time, the Secretary shall 
conduct a field survey listmg all alternative formula. 
Formula, 
(b) By July 1, 1979, the Secretary shall establish and publish the 
publication in 
formula in the Federal Register which the majority of such tribes 
Federal Register, determine, but vote certified to the Secretary, to be most equitable and 
shall use such formula for purposes of distribution of the funds appro-
priated pursuant to such Act beginning on or after October 1, 1979. 
The Secretary shall, in accordance with procedures consistent with 
that prescribed herein, revise such formula periodically as necessary. 
BASIC EDUCATIONAL SUPPORT 
25 use 13 note. 
SEC. 1103. (a) (1) From sums already appropriated under the Act 
of November 2, 1921 (25 U.S.C. 13) and notwithstanding any other 
provision of law or any requirement of a grant or agreement relating 
to the timing of payments for basic support contracts or grants under 
the A.ct of April 16, 1934 (25 U.S.C. 452-457), the Secretary of the 
Interior shall make payments of any unexpended funds obligated for 
basic support contracts or grants under such Act of November 2,1921, 
for fiscal year 1978 to any school that has received notification from 
the Department of the Interior of the award of such a contract or 
grant. Such payments shall be made in accordance with any applica-
ble condition of such contracts or grants other than conditions relating 
to the timing of payments. 
' 
(2) The Secretary of the Interior shall make the payments referred 
to in paragraph (1) not later than thirty days after the date of the 
enactment of this Act. Saturdays, Sundays, and legal public holidays, 
as established by section 6103 of title 5, United States Code, shall not 
be considered as days for purposes of the preceding sentence. 
25 use 13-1. 
(b) Such sums as are needed under such Act of November 2, 1921, 
are authorized to be appropriated to provide funds for basic educa-
^ 
tional support through parent committees under such Act of April 16, 
1934, to those public schools educating Indian students and whose 
total sum of Federal, State, and local funds is insufficient to bring 
the education of the enrolled Indian students to a level equal to the 
level of education provided non-Indian students in the public schools 
in which they are enrolled where the absence of such support would 
result in the closing of schools or the reduction in quality of the edu-
cation program afforded Indian students attending public schools. 
PART B—BUREAU or INDIAN AFFAIRS PROGRAMS 
Studies and 
surveys. 
25 use 2001. 
STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN IN BUREAU OP 
INDIAN AFFAIRS SCHOOLS 
SEC. 1121. (a) The Secretary, in consultation with the Assistant 
Secretary of Health, Education, and Welfare for Education, and in 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2317 
consultation with Indian organizations and tribes, shall carrj^ out or 
cause to be carried out by contract with an Indian organization such 
studies and surveys, making the fullest use possible of other existing 
studies, surveys, and plans, as are necessary to establish and revise 
standards for the basic education of Indian children attending Bureau 
schools and Indian controlled contract schools (hereinafter referred 
to as "contract schools"). Such studies and surveys shall take into 
account factors such as academic needs, local cultural differences, type 
and level of language skills, geographical isolation and appropriate 
teacher-student ratios for such children, and shall be directed toward 
the attainment of equal educational opportunity for such children. 
(b) (1) Within fifteen months of the date of enactment of this Act, 
the Secretary shall propose minimum academic standards for the basic 
education of Indian children, and shall distribute such proposed stand-
ards to the tribes and publish such proposed standards in the Federal 
Register for the purpose of receiving comments from the tribes and 
other interested parties. Within eighteen months of the date of enact-
ment of this Act. the Secretary shall establish final standards, distrib-
ute such standards to all the tribes and publish such standards in the 
Federal Register. The Secretary shall revise such standards periodi-
cally as necessary. Prior to any revision of such standards, the Secre-
tary shall distribute such proposed revision to all the tribes, and 
publish such proposed revision in the Federal Register, for the purpose 
of receiving comments from the tribes and other interested parties. 
(2) Such standards shall apply to Bureau schools, and subject to 
subsection (e), to contract schools, and may also serve as a model for 
educational programs for Indian children in public schools. In estab-
lishing and revising such standards, the Secretary shall take into 
account the special needs of Indian students and the support and 
reinforcement of the specific cultural heritage of each tribe. 
(c) The Secretary shall provide alternative or modified standards 
in lieu of the standards established under subsection (b), where neces-
sary, so that the programs of each school shall be in compliance with 
the minimum standards required for accreditation of schools in the 
State where the school is located. 
(d) A tribal governing body, or the local school board if so desig- Waiver, 
nated by the tribal governing body, shall have the local authority to 
waive, in part or in whole, the standards established under subsections 
(b) and (c), where such standards are deemed by such body to be 
inappropriate or ill-conceived, and shall also have the authority to 
revise such standards to take into account the specific needs of the 
tribe's children. Such revised standards shall be established by the Sec-
retary unless specifically rejected 'by the Secretary for good cause and 
in writing to the affected tribes or local school board, which rejection 
shall be final and unreviewable. 
(e) The Secretary, through contracting procedures, shall assist 
school boards of contract schools in the implementation of the stand-
ards established under subsection (b) and (c), if the school boards 
request that such standards, in part or in whole, be implemented. The 
Secretary shall not refuse to enter into a contract with respect to any 
contract school on the basis of failure to meet such standards. At the 
request of a contract school board, the Secretary shall provide alterna-
tive or modified standards for the standards established under subsec-
tions (b) and (c) to take into account the needs of the Indian children 
and the contract school. 
Minimum 
academic 
standards. 
Publication in 
Federal Register. 
92 STAT. 2318 
PUBLIC LAW 95-561—NOV. 1, 1978 
Plan, submittal to 
congressional 
committees. 
Appropriation 
authorization. 
(f) Subject to subsections (d) and (e), the Secretary shall begin to 
implement the standards established under this section immediately 
upon the date of their establishment. Within one year of such date, and 
at each time thereafter that the annual budget request for Bureau 
educational services is presented, tlie Secretary shall submit to the 
appropriate committees of Congress a detailed plan to bring all 
Bureau and contract schools up to the level required by the applicable 
standards established under this section. Such plan shall include, but 
not be limited to, detailed information on tlie status of each school's 
educational program in relation to the applicable standards established 
under this section, specific cost estimates for meeting such standards 
at each school, and specific time lines for bringing each school up to 
the level required by such standards. 
(g) There are hereby authorized to be appropriated such sums as 
may be necessary, for academic program costs, in order to bring all 
Bureau and contract schools up to the level required by the applicable 
standards established under this section. 
Boarding costs, 
study. 
25 use 2002. 
Distributions to 
tribes and 
publication in 
Federal Register. 
Plan, submittal to 
congressional 
committees. 
Appropriation 
authorization. 
NATIONAL CRITERIA FOR DORMITORY SITUATIONS 
SEC. 1122. (a) The Secretary, in consultation with the Assistant 
Secretary for Health, Education, and Welfare for Education, and in 
consultation with Indian organizations and tribes, shall conduct or 
cause to be conducted by contract with an Indian organization, a study 
of the costs applicable to boarding arrangements for Indian students 
provided in Bureau and contract schools, for the purpose of establish-
ing national criterial for such dormitory situations. Such criteria 
shall include adult-child ratios, needs for counselors (including special 
needs related to off-reservation boarding arrangements), space, and 
privacy. 
(b) Within fifteen months of the date of enactment of this Act, the 
Secretary shall propose such criteria, and shall distribute such pro-
posed criteria to the tribes and publish such proposed criteria in the 
Federal Register for the purpose of receiving comments from the 
tribes and other interested parties. Within eighteen months of the date 
of enactment of this Act, the Secretary shall establish final criteria, 
distribute such criteria to all the tribes, and publish such criteria in the 
Federal Register. The Secretary shall revise such criteria periodically 
as necessary. Prior to any revision of such criteria, the Secretary shall 
distribute such proposed revision to all the tribes, and publish such 
proposed revision in the Federal Register, for the purpose of receiving 
comments from the tribes and other interested parties. 
(c) The Secretary shall begin to implement the criteria established 
under this section immediately upon the date of their establishment. 
Within one year of such date, and at each time thereafter that the 
annual budget request for Bureau educational services is presented, the 
Secretary shall submit to the appropriate committees of Congress a 
detailed plan to bring all Bureau and contract boarding schools up to 
the criteria established under this section. Such plan shall include, but 
not be limited to, predictions for the relative need for each boarding 
school in the future, detailed information on the status of each school 
in relation to the criteria established under this section, specific cost 
estimates for meeting such criteria at each school, and specific time 
lines for bringing each school up to the level required by such criteria. 
(d) There are hereby authorized to be appropriated such sums as 
may he necessary in order to bring each school up to the level required 
by the criteria established under this section. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2319 
REGULATIONS 
SEC. 1123. The Secretary shall establish such regulations as are 25 USC 2003. 
necessary to carry out sections 1121 and 1122 within eighteen months 
after the date of enactment of this Act. 
STUDIES 
SEC. 1124. There are hereby authorized to be appropriated no more 
than $1,000,000 to carry out the studies conducted under section 
1121 (a) and section 1122(a). 
Appropriations, 
limitation. 
25 USC 2004. 
FACILITIES 
CONSTRUCTION 
SEC. 1125. (a) The Secretary shall immediately begin to bring all 
schools, dormitories, and other facilities operated by the Bureau or 
under contract with the Bureau in connection with the education of 
Indian children into compliance with all applicable Federal, tribal, 
or State health and safety standards, whichever provide greater pro-
tection (except that the tribal standards to be applied shall be no 
greater than any othei-wise applicable Federal or State standards), 
and with section 504 of the Rehabilitation Act of 1973 (29 U.S.C 
794), except that nothing in this section shall require termina-
tion of the operations of any facility which does not comply with such 
provisions and which is in use on the date of enactment of this Act. 
(b) Within one year of the date of enactment of this Act, and at each 
time thereafter that the annual budget request for Bureau educational 
services is presented, the Secretary shall submit to the appropriate com-
mittees of Congress a detailed plan to bring such facilities into compli-
ance with such standards. Such plan shall include, but not be limited to, 
detailed information on the status of each facility's compliance with 
such standards, specific cost estimates for meeting such standards at 
each school, and specific time lines for bringing each school into com-
pliance with such standards. 
(c) Within six months of the date of enactment of this Act, the Sec-
retary shall submit to the appropriate committees of Congress, and 
publish in the Federal Register, the system used to establish priorities 
for school construction projects. At the time any budget request for 
school construction is presented, the Secretary shall publish in the 
Federal Register and submit Avith the budget request the current list 
of all school construction priorities. 
(d) There arc hereby authorized to be appropriated such sums as 
may be necessary to carry out subsection (a). 
25 USC 2005. 
Plan, submittal to 
congressional 
committees. 
Priorities, 
submittals to 
congressional 
committees and 
publications in 
Federal Register. 
Appropriation 
authorization. 
BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS 
SEC. 1126. (a) The Secretary shall vest in the Assistant Secretary for 
Indian Affairs all functions with respect to formulation and estab-
lishment of policy and procedure, and supervision of programs and 
expenditures of Federal funds for the purpose of Indian education 
administered by the Bureau. The Assistant Secretary shall carry out 
such functions through the Director of the Office of Indian Education 
Programs within the Bureau (hereinafter referred to as the "Office"), 
which shall be governed by the provisions of this Act, any other pro-
vision of law to the contrary notwithstanding. 
(b) The Director of the Office shall direct and supervise the 
operations of all personnel directly and substantially involved with 
provision of education services by the Bureau. The Assistant Secre-
25 USC 2006. 
92 STAT. 2320 
PUBLIC LAW 95-561—NOV. 1, 1978 
'Functions. 
tary for Indian Affairs shall provide for the adequate coordination 
between the affected Bureau offices and the Office in order to facilitate 
the expeditious consideration of all contract functions relating to 
education. Nothing in this Act shall be construed to require the pro-
vision of separate support services for Indian education. 
(c) Education personnel located in Bureau agencies, who are under 
the direction and supervision of the Director of the Office in accord-
ance with the first sentence of subsection (b), shall— 
(1) monitor and evaluate Bureau education programs, and 
(2) provide technical and coordinating assistance in areas 
such as procurement, contracting, budgeting, pei-sonnel, and 
curriculum. 
However, in the case of boarding schools located off reservation oper-
ated by the Bureau, education personnel located in area offices of the 
Bureau shall provide such services, under the direction and super-
vision of the Director of the Office. 
(d) For the purpose of this section the term "functions" includes 
powers and duties. 
IMPLP:MENTATION 
Publication in 
SEC. 1127. Within six months after the date of enactment of this 
Federal Register, ^ct, the Secretary shall establish and publish in the Federal Kegister 
25 use 2007. 
i]^Q policies and procedures which are necessary to implement the 
transfer of functions made under section 1126. 
ALLOTMENT EORMULA 
Regulation. 
SEC. 1128. (a) The Secretary shall establish, by regulation adopted 
25 use 2008. 
in accordance with section 1138, a formula for determining the mini-
mum annual amount of funds necessary to sustain each Bureau or con-
tract school. In establishing such formula, the Secretary shall 
consider—• 
(1) the number of Indian students served and size of the 
school; 
(2) special cost factors, such as— 
(A) isolation of the school; 
(B) need for special staffing, transportation, or educa-
tional programs; 
(C) food and housing costs ; 
(D) overhead costs associated with administering con-
tracted education functions; and 
• '• 
(E) maintenance and repair costs associated with the 
physical condition of the educational facilities; 
(3) the cost of providing academic services w^hich are at least 
equivalent to those provided by public schools in the State in 
, 
, ,. 
which the school is located; 
(4) the cost of bringing the school up to the level of the stand-
ards established under sections 1121 and 1122; and 
(5) such other relevant factors as the Secretary determines are 
appropriate. 
(b) Notwithstanding any other provisions of law, Federal funds 
appropriated for the general local operation of Bureau and contract 
schools, shall be allotted pro rata in accordance with the formula 
established under subsection (a), except that, in the case of any such 
school which is located in a school district of a local educational agency 
which receives from Federal funds under other provisions of law an 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2321 
average payment per Indian child attending such school in that dis-
trict which is higher than the amount which would be received by such 
Bureau or contract school under such formula for each Indian child 
attending such school, the payment to be received by that school under 
this section for each such child shall be equal to such average payment 
for an Indian child in public school in that district. 
(c) Notwithstanding subsection (b), the Secretary shall provide 
funds for the general local operation of Bureau and contract schools 
where necessitated by cases of emergencies or unforeseen contingencies 
not otherwise provided for under subsection (a). Whenever the Secre-
tary makes funds available under this subsection, the Secretary shall 
report such action to the appropriate committees of Congress. 
Funds, provision. 
Report to 
UNIFORM DIRECT FUNDING AND SUPPORT 
SEC. 1129. (a) Within six months after the date of enactment of Regulation. 
this Act, the Secretary shall establish, by regulation adopted in accord- 25 USC 2009. 
ance with section 1138, a system for the direct funding and support of 
all Bureau and contract schools. Such system shall allot funds, in 
accordance with section 1128, and shall provide each affected school 
with notification of its approximate allotment not later than the end 
of the school year preceding the year for which the allotment is to 
be made. 
(b) In the case of all Bureau schools, allotted funds shall be Local financial 
expended on the basis of local financial plans which shall be prepared plans. 
by the local school supervisor in active consultation with the local 
school board for each school, and the local school board for each school 
shall have the authority to ratify, reject, or amend such financial plan, 
and expenditures thereunder, and, on its own determination or in 
response to the supervisor of the school, to revise such financial plan 
to meet needs not foreseen at the time of preparation of the financial 
plan. The supervisor of the school may appeal any such action by Appeals, 
the local school board to the superintendent for education of the 
Bureau agency, and the superintendent may, for good cause and in 
writing to the local school board, overturn the action of the local 
school board. 
(c) Funds for self-determination grants under section 104(a)(2) 
of the Indian Self-Determination and Education Assistance Act shall 25 USC 450h. 
not be used for providing technical assistance and training in the field 
of education by the Bureau unless such services are provided in accord-
ance with a plan, agreed to by the tribe or tribes affected and the 
Bureau, under which control of education programs is intended to be 
transferred to such tribe or tribes within a specific period of time 
negotiated under such agreement. 
(d) In the exercise of its authority under this section, a local school 
board may request technical assistance and training from the Secre-
tary, and he shall, to the greatest extent possible, provide such services, 
and make appropriate provisions in the budget of the Office for such 
services. 
POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION 
SEC. 1130. It shall be the policy of the Bureau, in carrying out the 25 USC 2010. 
functions of the Bureau, to facilitate Indian control of Indian affairs 
in all matters relating to education. 
92 STAT. 2322 
PUBLIC LAW 95-561—NOV. 1, 1978 
25 
use 
2011. 
5 
use 
5101 et 
seq., 5301, 
6301 
et seq. 
Regulations. 
Educator 
qualifications, 
requirements. 
Educator 
appointments, 
requirements. 
laiUCATION 
PERSONNEL 
SEC. 1131. (a) (1) Chapter 51, subchapter III of chapter 53, and 
chapter 63 of title 5, United States Code, relating to leave, pay, and 
classification, and the sections relating to the appointment, promotion 
and removal of civil service employees, shall not apply to educators 
or to education positions (as defined in subsection (n)). 
(2) Paragraph (1) shall take effect one year after the date of enact-
ment of this Act. 
(b) Not later than the effective date of subsection (a) (2), the Sec-
retary shall prescribe regulations to carry out this section. Such 
regulations shall govern—• 
(1) the establishment of education positions, 
(2) the establishment of qualifications for educators, 
(3) the fixing of basic compensation for educators and educa-
tion positions, 
^4) the appointment of educators, 
(5) the discharge of educators, 
(6) the entitlement of educators to compensation, 
(7) the payment of compensation to educators, 
^ 8) the conditions of employment of educators, 
(9) the length of the school year applicable to education posi-
tions described in subsection (n) (1) (A), 
, 
(10) the leave system for educators, and 
(11) such other matters as may be appropriate. 
(c) (1) In prescribing regulations to govern the qualifications of 
educators, the Secretary shall require— 
(A) (i) that lists of qualified and interviewed applicants for 
education positions be maintained in each agency and area office of 
the Bureau from among individuals who have applied at the 
agency or area level for an education position or who have applied 
at the national level and have indicated in such application an 
interest in working in certain areas or agencies; and 
(ii) that a list of qualified and interviewed applicants for 
education positions be maintained in the Office from among indi-
viduals who have applied at the national level for an education 
position and who have expressed interest in working in an educa-
tion position anywhere in the United States; 
(B) that a local school board shall have the authority to waive 
on a case-by-case basis, any formal education or degree qualifica-
tions established by regulation pursuant to subsection (b) (2), in 
order for a tribal member to be hired in an education position to 
teach courses on tribal culture and language and that subject to 
subsection (d)(2)(A),a determination by a school board that such 
a person be hired shall be followed by the supervisor; and 
(C) that it shall not be a prerequisite to the employment of an 
individual in an education position at the local level that such 
individual's name appear on the national list maintained pursuant 
to subsection (c) (1) (A) (ii) or that such individual has applied at 
the national level for an education position. 
(2) The Secretary may authorize the temporary employment in an 
education position of an individual who has not met the certification 
standards established pursuant to regulations, if the Secretary deter-
mines that failure to do so would result in that position remaining 
vacant. 
(d) (1) In prescribing regulations to govern the appointment of 
educators, the Secretary shall require— 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2323 
(A) (i) that educators employed in a school (other than the 
supervisor of the school) shall be hired by the supervisor of the 
school unless there are no qualified applicants available, in which 
case the vacant position shall be filed at the national level from 
the list maintained pursuant to subsection (c)(l)(A)(ii). 
(ii) each school supervisor shall be hired by the superintendent 
for education of the agency office of the Bureau in which the school 
is located, and 
(iii) educators employed in an agency office of the Bureau shall 
be hired by the superintendent for education of the agency office; 
(B) that before an individual is employed in an education 
position in a scliool by the supervisor of a school (or, with respect 
to the position of supervisor, by the appropriate agency super-
intendent for education), the local school board for the scliool 
shall be consulted, and that subject to subsection (d) (2), a deter-
mination by the school board that such individual should or 
should not be so employed shall be followed by the supervisor (or 
with respect to the position of supervisor, by the agency superin-
tendent for education); and 
(C) that before an individual may be employed in an education 
position at the agency level, the appropriate agency school board 
shall be consulted, and that, subject to subsection (d) (3), a deter-
mination by such school board that such individual should or 
should not be employed shall be followed by the agency superin-
tendent for education. 
(2) (A) The supervisor of a school may appeal to the appropriate Appeals, 
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. Upon such an appeal, the agency superintendent for educa-
tion may, for good cause and in writing to the local school board, over-
turn the determination of the local school board with respect to the 
employment of such individual. 
(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 a school that an individual be employed, or 
not be employed, as the supervisor of the school. Upon such an appeal, 
the Director of the Office may, for good cause and in writing to the 
local scliool board, overturn the determination of the local school board 
with respect to the employment of such individual. 
(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. Upon such an 
appeal, the Director of the Office may, for good cause and in writing 
to the agency school board, overturn the determination of the agency 
school board with respect to the employment of such individual. 
(4) Any individual who applies at the local level for an education Education 
position shall state on such individual's application whether or not position 
such individual has applied at the national level for an education application 
position in the Bureau. If such individual is employed at the local 
level, such individual's name shall immediately be forwarded to the 
Secretary, who shall, as soon as possible but in no event in more than 
thirty days, ascertain the accuracy of the statement made by such indi-
vidual pursuant to the first sentence of this subparagraph. If the indi-
vidual's statement is found to have been false, such individual, at the 
Secretary's discretion, may be disciplined or discharged. If the indi-
statement. 
92 STAT. 2324 
PUBLIC LAW 95-561—NOV. 1, 1978 
vidual had applied at the national level for an education position in the 
Bureau, if the appointment of such individual at the local level shall be 
conditional for a period of ninety days, during which period the 
Secretary may appoint a more qualified individual (as determined by 
the Secretary) from the list maintained at the national level pursuant 
to subsection (c) (1) (A) (ii) to the position to which such individual 
was appointed. 
(5) Except as expressly provided, nothing in this section shall be 
construed as conferring upon local school boards, authority over, or 
control of, educators. 
Educator 
(e) (1) In prescribing regulations to govern the discharge and con-
discharge and 
ditions of employment of educators, the Secretary shall require— 
employment 
( ^ ) (^ha^ procedures be established for the rapid and equitable 
requirements. 
resolution of grievances of educators; 
(B) that no educator may be discharged without notice of the 
reasons therefor and opportunity for a hearing under procedures 
that comport with the requirements of due process; and 
(C) educators employed in Bureau schools shall be notified 
sixty days prior to the end of the school year whether their 
employment contract will be renewed for the coming year. 
(2) The supervisor of a Bureau school may discharge (subject to 
procedures established under paragraph 
( 1 ) ( B ) ) 
for cause 
(as 
determined under regulations prescribed by the Secretary) any educa-
tor employed in such school. Upon giving notice of proposed discharge 
to an educator, the supervisor involved shall immediately notify the 
local school board for the school of such action. A determination by the 
local school board that such educator shall not be discharged shall be 
followed by the supervisor. The supervisor shall have the right to 
appeal such action to the superintendent for education of the appro-
priate agency office of the Bureau. Upon such an appeal, the agency 
superintendent for education may, for good cause and in writing to 
the local school board, overturn the determination of the local school 
board with respect to the employment of such individual. 
(3) Each local school board for a Bureau school shall have the right 
(A) to recommend to the supervisor of such school that an educator 
employed in the school be discharged, and (B) to recommend to the 
superintendent of education of the appropriate agency office of the 
Bureau and to the Director of the Office, that the supervisor of the 
school be discharged. 
(f) (1) Notwithstanding any provision of the Indian preference 
laws, such laws shall not apply in the case of any personnel action 
within the purview of this section respecting an employee not entitled 
to Indian preference if each tribal organization concerned grants, in 
writing, a waiver of the application of such, laws with respect to such 
personnel action, where such a waiver is in writing deemed to be a 
necessity by the tribal organization, except that this shall in no way 
relieve the Bureau of its responsibility to issue timely and adequate 
announcements and advertisements concerning any such personnel 
action if it is intended to fill a vacancy (no matter how such vacancy 
is created). 
Definitions. 
(2) For purposes of this subsection, the term "tribal organization" 
means— 
(A) the recognized governing body of any Indian tribe, band, 
nation, pueblo, or other organized community, including a Native 
village (as defined in section 3(c) of the Alaska Native Claims 
Settlement Act (43 U.S.C. 1602(c); 85 Stat. 688); or 
Notification. 
Appeal. 
Recommenda-
tions. 
Waiver. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2325 
(B) in connection with any personnel action referred to in this 
subsection, any local school board as defined in section 1139, and 
which has been delegated by such governing body the authority to 
grant a waiver under such subsection with respect to such person-
nel action. 
(3) The term "Indian preference laws" means section 12 of the Act 
of June 18,1934 (25 U.S.C. 472; 48 Stat. 986) or any other provision of 
law granting a preference to Indians in promotions and other person-
nel actions, except that such term shall not be considered to include sec-
tion 7(b) of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450e(b); 88 Stat. 2295). 
(g) Subject to the authority of the Civil Service Commission to 
determine finally the applicability of chapter 51 of title 5, United 
States Code, to specific positions and employees in the executive branch, 5 USC 5101 et 
the Secretary shall determine in accordance with subsection (a) (1) **9-
the applicability or inapplicability of such chapter to positions and 
employees in the Bureau. 
(^li)(l) The Secretary shall fix the basic compensation or annual Compensation, 
salary rate for educators and education positions at rates comparable 
to the rates in effect under the General Schedule for individuals with 5 USC 5332 note, 
comparable qualifications, and holding comparable positions, to whom 
chapter 51 is applicable. 
(2) Each educator employed in an education position in Alaska 
shall be paid a cost-of-living allowance equal to 25 per centum of the 
rate of basic compensation to which such educator is entitled. 
(3) The Secretary may pay a postdifferential not to exceed 25 per 
centum of the rate of basic compensation, on the basis of conditions 
of environment or work which warrant additional pay as a recruitment 
and retention incentive. 
(i) Any individual— 
(1) who on the date of enactment of this Act is holding a posi-
tion which is determined under subsection (f) to be an education 
position and who elects under subsection (o) (2) to be covered 
under the provisions of this section, or 
(2) who is an employee of the Federal Government or the 
municipal government of the District of Columbia and is trans-
ferred, promoted, or reappointed, without break in service, from 
a position under a different leave system to an education 
position, 
shall be credited for the purposes of the leave system provided under 
regulations prescribed pursuant to subsection (b) (10), with the annual 
and sick leave to his credit immediately before the effective date of such 
election, transfer, promotion, or reappointment. 
(j) Upon termination of employment with the Bureau, any annual 
leave remaining to the credit of an individual within the purview of 
this section shall be liquidated in accordance with sections 5551 (a) and 
6306 of title 5, United States Code, except that leave earned or accrued 
under regulations prescribed pursuant to subsection (b) (10) shall not 
be so liquidated. 
(k) In the case of any educator who is transferred, promoted, or 
reappointed, without break in service, to a position in the Federal Gov-
ernment under a different leave system, any remaining leave to the 
credit of such person earned or credited under the regulations jDre-
scribed pursuant to subsection (b) (10) shall be transferred to his 
credit in the employing agency on an adjusted basis in accordance with 
regulations which shall be prescribed by the Civil Service Commission. 
(1) An educator who voluntarily terminates employment with the 
Bureau before the expiration of the existing employment contract 
92 STAT. 2326 
PUBLIC LAW 95-561—NOV. 1, 1978 
, 
between such educator and the Bureau shall not be eligible to be 
employed in another education position in the Bureau during the 
remainder of the term of such contract. 
(m) In the case of any educator employed in an education position 
described in subsection (n) (1) (A) who— 
(1) is employed at the close of a school year, 
(2) agrees in writing to serve in such a position for the next 
school year, and 
(3) IS employed in another position during the recess period 
immediately preceding such next school year, or during such recess 
period receives additional compensation referred to in subsection 
(g)(2) or (g)(3), section 5533 of title 5, United States Code, 
relating to dual compensation, shall not apply to such educator by 
reason of any such employment during a recess period for any such 
receipt of additional compensation. 
Definitions. 
(n) For the purpose of this section— 
(1) The term "education position" means a position in the 
.. 
Bureau the duties and responsibilities of which— 
(A) are performed on a school-year basis principally in a 
• . 
,' 
Bureau school and involve— 
(i) classroom or other instruction or the supervision or 
direction of classroom or other instruction; 
(ii) any activity (other than teaching) which requires 
academic credits in educational theory and practice equal 
to the academic credits in educational theory and practice 
required for a bachelor's degree in education from an 
accredited institution of higher education; or 
(iii) any activity in or related to the field of education 
notwithstanding that academic credits in educational 
theory and practice are not a formal requirement for the 
conduct of such activity; or 
(B) are performed at the agency level of the Bureau and 
I. 
involve the implementation of education-related programs 
other than the position of agency superintendent for educa-
tion. 
(2) The term "educator" means an individual whose services 
are required, or who is employed, in an education position. 
(o) (1) This section shall apply with respect to any individual hired 
after the effective date of subsection (a) (2) for employment in an 
education position and to the position in which such individual is 
employed. Subject to paragraph (2), the enactment of this Act shall 
not affect the continued employment of any individual employed 
immediatelj^ before the effective date of subsection (a) (2) in an edu-
cation position, or such individual's right to receive the compensation 
attached to such position. 
(2) Any individual employed in an education position immediately 
before the effective date of subsection (a) (2) may, within five years 
of the date of enactment of this Act, make an irrevocable election to 
be covered under the provisions of this section. 
Establishment. 
25 use 2012. 
MANAGEMENT INFORMATION SYSTEM 
SEC. 1132. The Secretary shall establish within the Bureau, within 
one year after the date of the enactment of this Act, a computerized 
management information system, which shall provide information to 
all agency and area offices of the Bureau, and to the Office. Such infor-
mation shall include but shall not be limited to— 
(1) student enrollment; 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2327 
curriculum; 
staff ; 
(4) facilities; 
(5) community demographics; and 
(6) student assessment information. 
BUREAU EDUCATION POLICIES 
SEC. 1133. Within one hundred and eighty days of the date of enact-
ment of this Act, the Secretary shall develop, publish in the Federal 
Register, and submit to all agency and area offices of the Bureau, all 
tribal governments, and the appropriate committees of the Congress, a 
draft set of education policies, procedures, and practices for education-
related action of the Bureau. The Secretary shall, within one year of 
the date of enactment of this Act, provide that such uniform policies, 
procedures, and practices shall be finalized and promulgated. There-
after, such policies, procedures, and practices and their periodic revi-
sions, shall serve as the foundation for future Bureau actions in 
education. 
UNIFORM EDUCATION PROCEDURES AND PRACTICES 
SEC. 1134. The Secretary shall cause the various divisions of the 
Bureau to formulate uniform procedures and practices with respect to 
such concerns of those divisions as relate to education, and shall report 
such practices and procedures to the Congress. 
Publication in 
Federal Register 
and submittals to 
Bureau, tribes, 
and congressional 
committees. 
25 u s e 2013. 
Report to 
Congress. 
25 u s e 2014. 
RECRUITMENT OF INDIAN EDUCATORS 
SEC. 1135. The Secretary shall institute a policy for the recruitment Policy and plan, 
of qualified Indian educators and a detailed plan to promote employees 25 USC 2015. 
from within the Bureau. Such plan shall include opportunities for 
acquiring'work experience prior to actual work assignment. 
ANNUAL REPORT 
SEC. 1136. The Secretary shall submit to each appropriate committee Submittal to 
of the Congress a detailed annual report on the state of education 
within the Bureau and any problems encountered in the field of edu-
cation during the year. Such report shall contain suggestions for 
improving the Bureau educational system and increasing local Indian 
control of such system. 
committees. 
25 USC 2016. 
Rules and 
regulations. 
25 USC 2017. 
RIGHTS OF INDIAN STUDENTS 
SEC. 1137. Within six months of the date of enactment of this Act, 
the Secretary shall prescribe such rules and regulations as are necessary 
to insure the constitutional and civil rights of Indian students attend-
ing Bureau schools, including, but not limited to, their right to privacy 
under the laws of the United States, their right to freedom of religion 
and expression and their right to due process in connection with dis-
ciplinary actions, suspensions, and expulsions. 
REGULATIONS 
SEC. 1138. Regulations required to be adopted under sections 1126 25 USC 2018. 
through 1137 of this Act shall be deemed rules of general applicability 
prescribed for the administration of an applicable program for the 
purposes of section 431 of the General Education Provisions Act and 20 USC 1232. 
shall be promulgated, submitted for congressional review, and take 
effect in accordance with the provisions of such section. 
92 STAT. 2328 
PUBLIC LAW 95-561—NOV. 1, 1978 
DEFINITIONS 
25 use 2019. 
SEC. 1139. For the purpose of this title— 
(1) the term "agency school board" means a body, the members 
of which are appointed by the school boards of the schools located 
within such agency, and the number of such members shall be 
determined by the Secretary in consultation with the affected 
tribes, except that, in agencies serving a single school, the school 
board of such school shall fulfill these duties; 
(2) the term "Bureau" means the Bureau of Indian Affairs of 
the Department of the Interior; 
(3) the term "Commissioner" means the Commissioner of 
Education; 
(4) the term "financial plan" means a plan of services to be 
provided by each Bureau school; 
(5) the term "Indian organization" means any group, associa-
tion, partnership, corporation, or other legal entity owned or con-
trolled by a federally recognized Indian tribe or tribes, or a 
majority of whose members are members of federally recognized 
Indian tribes; 
(6) the term "local educational agency" means a board of 
education or other legally constituted local school authority hav-
ing administrative control and direction of free public education 
in a county, township, independent, or other school district located 
within a State, and includes any State agency which directly 
operates and maintains facilities for providing free public 
education; 
,,j 
(7) the term "local school board", when used with respect to a 
Bureau school, means a body chosen in accordance with the laws 
of the tribe to be served or, in the absence of such laws, elected by 
the parents of the Indian children attending the school, except 
that in schools serving a substantial number of students from 
different tribes, the members shall be appointed by the governing 
bodies of the tribes affected; and the number of such members 
shall be determined by the Secretary in consultation with the 
affected tribes; 
(8) the term "Secretary" means the Secretary of the Interior; 
(9) the term "supervisor" means the individual in the position 
of ultimate authority at a Bureau school; and 
(10) the term "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 Alaska Native Claims Settlement 
43 use 1601 
Act (85 Stat. 688) which is recognized as eligible for the special 
note. 
programs and services provided by the United States to Indians 
because of their status as Indians. 
PART C—INDIAN EDUCATION PROVISIONS 
EXTENSION OP AUTHORIZATION 
SEC. 1141. (a) Section 1005(g) of the Elementary and Secondary 
20 use 3385. 
Education Act of 1965 as redesignated by section 801 of this Act, is 
Ante, p. 2284. 
amended by striking out "July 1, 1978" and inserting in lieu thereof 
"October 1,1983". 
(b) Section 303(a)(1) of the Indian Elementary and Secondary 
School Assistance Act (title III of the Act of September 30, 1950 
(Public Law 874, Eighty-first Congress)) as added by the Indian 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2329 
Education Act, is amended by striking out "October 1, 1978" and 20 USC 241bb. 
inserting in lieu thereof "October 1,1983". 
(c)(1) Section 422 of the Indian Education Act is amended by 20 USC 3385a. 
striking out "each of the three succeeding fiscal years" and inserting in 
lieu thereof "each of the succeeding fiscal years ending prior to 
October 1,1983". 
(2) Section 423(a) of such Act is amended by striking out "each of 20 USC 3385b. 
the three succeeding fiscal years" and inserting in lieu thereof "each of 
the succeeding fiscal years ending prior to October 1,1983". 
(3) Section 442(a) of such Act is amended by striking out "Octo- 20 USC 1221g. 
ber 1, 1978" and inserting in lieu thereof "October 1, 1983". 
Grants, 
appropriation 
authorization. 
20 USC 24Ibb. 
CULTURALLY RELATED ACADEMIC NEEDS 
SEC. 1142. (a) Section 302(a) of the Indian Elementary and Sec-
ondary School Assistance Act is amended— 
20 USC 241aa. 
(1) by striking out "special educational needs of Indian stu-
dents" and inserting in lieu thereof "special educational and 
culturally related academic needs of Indian students"; and 
(2) by striking out "these special educational needs" and 
inserting in lieu thereof "these special educational or culturally 
related academic needs, or both". 
(b) Section 304 of such Act is amended by striking out "special 20 USC 241cc. 
educational needs" each place it appears in paragraphs (1) and (2) 
and inserting in lieu thereof "special educational or culturally related 
academic needs, or both,", 
DEMONSTRATION 
PROJECTS 
SEC. 1143, Section 303 of the Indian Elementary and Secondary 
School Assistance Act is amended by adding at the end thereof the 
following new subsection: 
"(c) In addition to the sums appropriated for any fiscal year for 
grants to local educational agencies under this title, there is hereby 
authorized to be appropriated for any fiscal year an amount not in 
excess of 10 per centum of the amount appropriated for payments on 
the basis of entitlements computed under subsection (a) for that fiscal 
year, for the purpose of enabling the Commissioner to make grants 
on a competitive basis to local educational agencies to support demon-
stration projects and programs which are designed to plan for and 
improve education opportunities for Indian children, except that the 
Commissioner shall reserve a portion not to exceed 25 per centum of 
such funds to make grants for demonstration projects examining 
the special educational and culturally related academic needs that 
arise in school districts with high concentrations of Indian children.". 
PARENT COMMITTEES 
SEC. 1144, Section 305(b) of the Indian Elementary and Secondary 
School Assistance Act is amended— 
20 USC 241dd, 
(1) by inserting "(including persons acting in loco parentis 
other than school administrators or officials)" after "Indian 
children" in paragraph (2) (B) (i) and after "children partici-
pating in the program" in paragraph (2) (B) (ii); 
(2) by inserting ", including policies and procedures relating 
to the hiring of personnel," aft€r "policies and procedures" in 
paragraph (2) (C); and 
92 STAT. 2330 
PUBLIC LAW 95-561—NOV. 1, 1978 
(3) by striking out the period at the end of paragraj)h (2) (C) 
and inserting in lieu thereof a semicolon and by adding at the 
t< * - 
end thereof the following new paragraph: 
"(3) provides that the parent committee formed pursuant to 
paragraph (2)(B)(ii) will adopt and abide by reasonable by-laws 
for the conduct of the program for which assistance is sought.". 
ALLOCATION ADJUSTMENT 
i 
SKO. 1145. Section 307(b) of the Indian Elementary and Secondary 
20 use 241ff. 
School Assistance Act is amended to read as follows: 
"(b) In the case of any fiscal year in which the maximum amounts 
for which local educational agencies are eligible have been reduced 
under the first sentence of subsection (a), and in which additional 
funds have not been made available to pay in full the total of such 
? •; 1 
maximum amounts under the second sentence of such subsection, the 
Commissioner may reallot, in such manner as he determines will best 
assist in advancing the purposes of this title, any amount awarded 
to a local education agency in excess of the amount to which it is 
20 use 241bb. 
entitled under section 303(a) and subsection (a) of this section, or 
any amount which the Commissioner determines, based upon estimates 
made by local educational agencies, will not be needed by any such 
agency to carry out its approved project.". 
TRIBAL SCHOOLS 
20 use 
SEC. 1146. Notwithstanding any other provision of law, any Indian 
241bb-l. 
tribe or organization which is controlled or sanctioned by an Indian 
tribal government and which operates any school for the children of 
that tribe shall be deemed to be a local educational agency for purposes 
of section 303(a) of the Indian Elementary and Secondary School 
Assistance Act if each such school, as determined by the Commis-
sioner, operated by that tribe or organization provides its students an 
educational program which meets the standards established under 
section 1121 for the basic education of Indian children, or is a school 
operated imder contract by that tribe or organization in accordance 
with the provisions of the Indian Self-Determination and Education 
25 use 450 note. Assistance Act. 
DEFINITION STUDY 
20 use 1221h. 
SEC. 1147. Section 453 of the Indian Education Act is amended by 
inserting "(a)" immediately after "SEC. 453." and by adding at the 
end thereof the following new subsection: 
eonsultation and 
"(b) The Assistant Secretary of Health, Education, and Welfare 
submittal to 
for Education, in consultation with Indian tribes, national Indian 
Congress. 
organizations, and the Secretary of the Interior, shall supervise a 
thorough study and analysis of the definition of Indian contained in 
subsection (a) and submit a report on the results of such study and 
analysis to the Congress not later than January 1, 1980. Such study 
and analysis shall include but not be limited to— 
"(1) an identification of the total number of Indian children 
being served under this title; 
" (2) an identification of the number of Indian children eligible 
and served under each of the four clauses of such definition in 
such subsection; 
"(3) an evaluation of the consequences of eliminating descend-
ants in the second degree from the terms of such definition, or of 
specifying a final date by which tribes, bands, and groups must 
be recognized, or of both; 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2331 
"(4) other options for changes in the terms of such definition 
and an evaluation of the consequences of such changes, together 
with supporting data; 
"(5) recommendations with respect to criteria for use by the 
Commissioner under the rulemaking authority contained in clause 
(4) of such subsection.". 
DATA COLLECTION 
SEC. 1148. Section 453 of the Indian Education Act is amended by 
inserting after subsection (b), as added by section 1147: 
"(c) In establishing a child's eligibility for entitlement under part 
A of this Act, the Commissioner shall request at least the following 
information on the student eligibility form: 
"(1) the name of the tribe, band, or other organized group of 
Indians with which the applicant claims membership, along with 
the enrollment number establishing membership (where appli-
cable), and the name and address of the organization which has 
updated and accurate membership data for such tribe, band, or 
other organized group of Indians; or, if the child is not a member 
of a tribe, band, or other organized group of Indians, the student 
eligibility form shall bear the name, the enrollment number 
(where applicable) and the organization (and address thereof) 
responsible for maintaining updated and accurate membership 
roles of any of the applicant's parents or grandparents, from 
whom the applicant claims eligibility; 
"(2) whether the tribe, band, or other organized group of 
Indians with which the applicant, his parents, or grandparents 
claim membership are federally recognized; 
"(3) the name and address of the parent or legal guardian; 
"(4) the signature of the parent or legal guardian verifying 
the accuracy of the information supplied; and 
"(5) any other information which the Secretary deems neces-
sary to provide an accurate program profile.''. 
20 use 1221h. 
PROGRAM MONITORING 
SEC. 1149. (a) The Commissioner shall establish a method of audit-
ing on an annual basis a sample of not less than one-third of the total 
number of school districts receiving funds under part A of the Indian 
Education Act, and shall report to the Congress his findings. 
(b) Any falsification of information provided on the local educa-
tional agency application for funds under part A of such Act is 
punishable by impoundment of unused funds and an ineligibility for 
receiving any future entitlement under such Act. 
(c) Any falsification of information provided on the student eligi-
bility form for funds under part A of such Act is punishable by 
making that individual ineligible for receiving any future entitlement 
under the Act. 
Annual audit, 
report to 
Congress. 
20 u s e 241aa 
note. 
Information 
falsification. 
AMENDMENTS TO TITLE X OP THE ELEMENTARY AND SECONDARY EDUCATION 
ACT OF 1965 
SEC. 1150. (a) Section 1005(c) (1) (E) of the Elementary and Sec-
ondary Education Act of 1965, as redesignated by section 801 of this 
Act, is amended by inserting "and gifted and talented Indian 20 USC 3385. 
children" after "handicapped". 
^nte, p. 2284. 
92 STAT. 2332 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 use 3385. 
Ante, p. 2284. 
{b)(l) Section 1005(c)(1)(F) of the Elementary and Secondary 
Education Act of 1965, as redesignated by section 801 of this Act, is 
amended to read as follows: 
'(F) early childhood programs, including kindergarten;". 
(2) (A) Section 1005(d^ of the Elementary and ^condary Educa-
tion Act of 19')5, as reaesignated by section 801 of this Act, is 
amended— 
(i) by striking out "children" in paragraphs (1) and (2) of 
such section andT)y inserting in lieu thereof "students" each time 
it appears; and 
(li) by inserting after "teachers" a comma and the following: 
"administrators". 
(B) The section heading of section 1005 of the Elementary and Sec-
ondary Education Act of 1965, as redesignated by section 801 of this 
Act, is amended to read as follows: 
Regional 
information 
centers, 
establishment, 
grants and 
contracts. 
20 use 241aa 
note. 
20 use 1211a. 
20 use 241dd. 
"IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INMAN STUDENTS' 
(c)(1) Section 1005(e) of the Elementary and Secondary Educa-
tion Act of 1965, as redesignated by section 801 of this Act, is amended 
as follows: 
"(e)(1) The Commissioner is also authorized to make grants to 
and contracts with public agencies. State educational agencies in States 
in which more than five thousand Indian children are enrolled in pub-
lic elementary and secondary schools, Indian tribes, Indian institu-
tions, Indian organizations, or to make contracts with private 
institutions and Organizations, to establish, on a regional basis, 
information centers to— 
"(A) evaluate programs assisted under this part, under the 
Indian Elementary and Secondary School Assistance Act, under 
section 314 of the Adult Education Act, and other Indian edu-
cation programs in order to determine their effectiveness in meet-
ing the special educational and culturally related academic needs 
of Indian children and to conduct research to determine those 
needs; 
"(B) provide technical assistance upon request to local educa-
tional agencies and Indian tribes, Indian organizations, Indian 
institutions, and parent committees created pursuant to section 
305(b) (2) (B) (ii) of the Indian Elementary and Secondary 
School Assistance Act in evaluating and carrying out programs 
assisted under this part, under such Act, nnd under section 314 
of the Adult Education Act through the provision of materials 
and personnel resources; and 
"(C) disseminate information upon request to the parties 
described in subparagraph (B) concerning all Federal education 
programs which affect the education of Indian children including 
information on successful models and programs designed to meet 
the special educational needs of Indian children. 
"(2) Grants or contracts made pursuant to this subsection may be 
made for at term not to exceed three years (renewable at the end of 
that period subject t6 the approval of the Commissioner) provided 
that provision is made to insure annual review of the projects.". 
(21 Section 1005(b)' of such Act, as redesignated by section 801 of 
thig Act, is amended by striking out "Indian tribes, organizations, and 
institutions" and inserting in lieu thereof "Indian tribes, Indian orga-
nizations, and Indian institutions". 
, 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2333 
20 use 3385. 
Ante, p. 2284. 
(d) Section 1005(f) of the Elementary and Secondary Education 
Act of 1965. as redesignated by section 801 of this Act, is amended by 
inserting "(1)" after "(f)", by redesignating clauses (1), (2), (3), 
and (4) as clauses (A), (B), (C),and (D) respectively, and by adding 
at the end thereof the following: 
"(2) The Commissioner shall not approve an application for a 
grant under subsection (e) of this section unless he is satisfied that the 
funds made available under that subsection will be so used as to supple-
ment the level of funds from State, local, and other Federal sources 
that would, in the absence of Federal funds under this subsection, be 
made available by the State or local educational agency for the activi-
ties described in this subsection, and in no case will be used so as to 
supplant those funds.". 
(e) Section 1005(g) of the Elementary and Secondary Education 
Act of 1965, as redesignated by section 801 of this Act, is amended by 
inserting "(1)" after "(g)" and by adding at the end thereof the 
following: 
"(2) For the purpose of making grants under subsection (e) of 
this section there are hereby authorized to be appropriated $8,000,000 
for each of the fiscal years ending prior to October 1, 1983. The sum 
of the grants made to State educational agencies under subsection 
(e) of this section shall not exceed 15 per centum in any fiscal year of 
the sums appropriated for that year.". 
(f) Section 306(a) of the Indian Elementary and Secondary School 
Assistance Act is amended by inserting "estimated to be" after "equal 20 USC 241ee. 
to the amount". 
Appropriation 
audiorization. 
DEFINITION OF INDIAN 
SEC. 1151. Section 453(1) of the Indian Education Act is amended 
by striking out "now or in the future". 
20 USC 1221h. 
TEACHER TRAINING AND FELLOWSHIPS 
SEC. 1152. (a) The first sentence of section 422(a) of the Indian 
Education Act is amended by striking out "children" and inserting in 
lieu thereof "people". 
(b) Section 423(a) of the Indian Education Act is amended— 
(1) by striking out "less than three, nor"; and 
(2) by striking out "professional or graduate degree in engi-
neering, medicine, law, business, forestry, and related field" and 
inserting in lieu thereof "postbaccalaureate degree in medicine, 
law, education, and related fields or leading to an undergraduate 
or graduate degree in engineering, business administration, 
natural resources, and related fields.". 
20 USC 3385a. 
20 use 3385b. 
TITLE XII—ADMINISTRATIVE PROVISIONS 
PART A—EQUALIZATION 
DATA COLLECTION 
SEC. 1201. Section 406 of the General Education Provisions Act is 
amended by adding at the end thereof the following new subsection: 
"(i) (1) In addition to its other responsibilities, the National Cen-
ter for Education Statistics shall, in consultation with the Office of 
Education, collect uniform data from the States on financing of ele-
20 USC 
1221e-l. 
Consultation. 
92 STAT. 2334 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 u s e 821 note. 
State profile, 
publication. 
Appropriation 
authorization. 
mentary and secondary education. Each State receiving funds under 
the Elementary and Secondary Education Act of 1965 shall cooperate 
with the National Center in this effort. 
"(2) (A) The National Center shall, in consultation with the Office 
of Education, publish by no later than September 30, 1979, and by no 
later than September 30 of each second fiscal year thereafter, a com-
posite profile of each State showing the degree to which each has 
achieved equalization of resources for elementary and secondary edu-
cation among the school districts within the State. A summary of these 
profiles shall show this equalization among the States. 
"(B) In compiling the profiles required by this paragraph, the 
National Center shall list the degree of equalization both within and 
among the States according to the following standards: 
"(i) the disparity in expenditures amon^ school districts; 
"(ii) the disparity from wealth neutrality; and 
"(iii) such other measures as the National Center considers 
appropriate, including a consideration of price differentials and 
pupil-teacher ratios. 
"(3) There are authorized to be appropriated such sums as may be 
necessary for any fiscal year to assist the National Center in carrying 
out its responsibilities under this subsection.". 
EQUALIZATION ASSISTANCE 
SEC. 1202. Part C of the General Education Provisions Act 
amended by inserting after section 426 the following new section: 
IS 
Grants. 
20 u s e 1231C-1. 
20 u s e 246. 
National 
dissemination 
center, 
designation. 
Appropriation 
authorization. 
"EQUALIZATION ASSISTANCE 
"SEC. 426A. (a) The Commissioner is authorized from the sums 
appropriated pursuant to subsection (d) to make grants to States to 
assist in developing and implementing plans to revise their systems of 
financing elementary and secondary education in order to achieve a 
greater equalization of resources among school districts. Any State 
desiring to receive such a grant shall (1) submit an application 
approved by the State legislature for such funds, (2) provide that 
State funds will match the Federal funds on a dollar for dollar basis, 
and (3) show how these efforts build upon the knowledge gained 
through the plans developed pursuant to section 842 of the Education 
Amendments of 1974. 
"(b) The Commissioner is authorized, from sums appropriated pur-
suant to subsection (d), (1) to develop and disseminate models and 
materials useful to the States in planning and implementing revisions 
of their school financing systems, and (2) to establish temporary 
national and regional training centers to assist those involved in school 
finance in providing the level of expertise needed by the States in 
revising their financing systems. 
"(c) The Commissioner shall (1) designate a unit within the Office 
of Education to serve as a national dissemination center for informa-
tion on the States' efforts to achieve a greater equalization of resources 
for elementary and secondary education, and (2) develop an analysis 
of what has been learned through the use of funds available under 
section 842 of the Education Amendments of 1974 and disseminate 
the results of this analysis. 
"(d) There are hereby authorized to be appropriated $4,000,000 for 
each of the fiscal years ending prior to September 30,1983, for the pur-
poses of this section.". 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2335 
SCHOOL FINANCE 
SEC. 1203, (a) It is the purpose of this section to i)rovide for— 
(1) the availability of reliable and comparative data on the 
status and trends in financing elementary and secondary 
education; 
(2) the conduct of studies necessary to understand and analyze 
the trends and problems affecting the financing of elementary 
and secondary education, both public and non-public, including 
the prospects for adequate financing during the next ten years; 
and 
(3) the development of recommendations for Federal policies 
to assist in improving the equity and efficiency of Federal and 
State systems for raising and distributing revenues to support 
elementary and secondary education. 
(b) In order to carry out the purposes of this section, the Secretary 
shall carry out the studies and surveys set forth in subsection (e) relat-
ing to the financing of elementary and secondary education. 
(c)(1) In order to provide the Secretary and the Congress with 
advice and counsel from distinguished and knowledgeable members of 
the public on the conduct of the activities authorized under this sec-
tion, there is established within the Department of Health, Education, 
and Welfare an Advisory Panel on Financing Elementary and Sec-
ondary Education to be composed of fifteen members appointed by 
the President. The Panel shall include (A) representatives of public 
and non-public elementary and secondary education, including board 
members, administrators, and teachers, (B) State and local officials, 
(C) citizens, and (D) scholars of school finance. 
(2) The members of the Advisory Panel shall be appointed, without 
regard for the provisions of title ^, United States Code, governing 
appointments in the competitive service, not later than sixty days after 
the enactment of this section. 
(3) Members who are not in the regular full-time employ of the 
United States shall, while attending to the business of the Advisory 
Panel, be entitled to receive compensation at the daily rate prescribed 
for grade 18 in section 5332 of such title 5, including travel time. All 
members while serving on the business of the Advisory Panel away 
from their homes or regular places of business, may be allowed travel 
expenses in accordance with section 5703 of title 5. 
(4) The Advisory Panel shall provide periodic advice to the Secre-
tary concerning all activities conducted under this section. The Sec-
retary shall make available to the Advisory Panel such technical and 
other assistance as may be necessary to enable the Advisory Panel to 
carry out its responsibilities. 
(5) The views and recommendations of the Advisory Panel shall be 
presented to the White House Conference on Education called pur-
suant to the provisions of section 804 of the Education Amendments 
of 1974. 
(6) Sixty days after the submission of the final report under sub-
section (f) of this section, the Advisory Panel shall terminate. 
(7) There are authorized to be appropriated such sums as may be 
necessary for fiscal years 1979 and 1980 to carry out the provisions 
of this subsection. 
(8) Section 804(c)(1) of the Education Amendments of 1974 is 
amended— 
(A) by striking out "thirty-five" and inserting in lieu thereof 
"forty-one"; 
20 use 1221-1 
note. 
Advisory panel 
on Financing 
Elementary and 
Secondary 
Education, 
establishment 
and membership. 
Compensation. 
5 u s e 5332 
note. 
20 u s e 1221-1 
note. 
Termination. 
Appropriation 
authorization. 
92 STAT. 2336 
PUBLIC LAW 95-561—NOV. 1, 1978 
(B) by striking out "fifteen" and inserting in lieu thereof 
"twenty-one"; and 
• 
' 
(C) by inserting after the first sentence the following new 
sentence: "Six of the members appointed by the President shall be 
members of the Advisory Panel on Financing Elementary and 
Secondary Education.". 
Studies and 
(d) The studies and surveys conducted under this section shall 
surveys. 
consider (1) the prospects for adequate financing of elementary and 
secondary schools during the ten year period from October 1, 1979, 
through September 30, 1989, and (2) the distribution of financial 
resources for elementary and secondary education among the States, 
among school districts within the States, and among schools within 
school districts. The Secretary shall have the authority necessary to 
achieve coordination, avoid redundancy, and insure the high quality of 
the studies and surveys carried out under this section and to ensure the 
relevance of those studies to the objectives of this section. 
(e) The studies and surveys carried out under this section shall 
include— 
(1) an analysis of the capacity of educational finance systems to 
provide adequate school revenues, including an examination of 
future trends in educational service requirements, cost of supply-
ing these services, and available school revenues from Federal, 
State, and local sources, taking account of noneducational service 
demands on revenues: 
(2) to the extent feasible, the development of procedures for 
the conduct of the activities of the National Center for Education 
Statistics under section 406 (i) of the General Education Pro-
20 use 
visions Act: 
1221e-l. 
(3) an analysis of the recent trends in the distribution of these 
resources including (A) an examination of recent court and State 
legislative developments, (B) case studies of States showing the 
greatest degree of equalization of resources in order to determine 
V 
whether common elements exist leading to such equalization, and 
(C) special analyses of the effects of such recent trends on school 
districts in large urban areas and in poor rural areas and the 
effects of such trends on students who are members of minority 
groups, or who are economically or educationally disadvantaged 
or handicapped; 
(4) an analysis of standards to measure inter-State, intra-State, 
and intradistrict equalization, including an examination of the 
standards showing disparities in expenditures, variations from 
fiscal neutrality, weightings of classes of pupils, and applications 
of these standards to an illustrative number of States, school dis-
tricts, and schools; 
(5) an analysis of the impact of Federal and State education 
programs on the distribution of State and local educational 
resources and of the relationship between such Federal and State 
programs; 
(6) recommendations for alternative Federal roles in the context 
of the total responsibility for financing schools among local. State, 
and Federal levels, including recommendations for changes in 
current Federal programs and suggestions for new Federal pro-
grams to promote greater equalization; 
(7) an analysis of the impact of school finance equalization on 
the cost and quality of education programs, including particu-
larly the quality of education programs in those districts recog-
nized as educational leaders prior to equalization; 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2337 
(8) an analysis of the effects of school finance equalization on 
curricular and extracurricular activities related to the arts, ath-
letics, foreign languages, music, and other programs or activities 
of special value, or enrichment, or which especially serve the needs 
or talents of a limited sector of the preschool, elementary, or sec-
ondary school population; 
(9) an analysis of the effects of school finance equalization on 
the distribution of tax burdens by level of government, type of 
revenue, and family income of taxpayers; 
(10) an analysis of current and future Federal assistance for 
non-public elementary and secondary education, including the 
extent of non-public participation in Federal programs, trends in 
enrollments and costs of private education, the impact of private 
schools on public school enrollments and financial support, and an 
examination of alternative Federal policies for support of private 
'•'•' education; and 
(11) an analysis of the extent to which school districts par-
ticipate in programs administered by Federal agencies other than 
the Education Division of the Department of Health, Education, 
and Welfare which analysis (A) shall include an assessment of 
barriers to school district participation in programs which have 
general purpose governments as primary beneficiaries and (B) 
shall explore alternative coordinating mechanisms to achieve equi-
table school district participation in such programs. 
The studies described in this section shall be assigned to such orga-
nizational units within the Department as the Secretary deems appro-
priate. All studies and surveys described in this section shall utilize 
existing information to the extent possible, and shall require the collec-
tion of new information only as may be required. Appropriate 
resources shall be made available to reimburse respondents for costs 
associated with any additional data collection required by this section. 
(f) The Secretary and the Advisory Panel shall make interim 
reports to the President and the Congress no later than December 31, 
1979, and December 31, 1980, and shall make a final report thereto no 
later than December 31, 1981, on the results of the studies conducted 
under this section. The Secretary and the Advisory Panel shall provide 
comments on each of the above reports and such additional recom-
mendations, including recommendations for legislation, as the Secre-
tary and the Panel may deem appropriate to the President and to the 
Congress no later than sixty days after the submission of such reports. 
Any other provisions of law, rule, or regulation to the contrary not-
withstanding, such reports of the Panel shall not be submitted to any 
review outside of the Panel before their transmittal to the Congress, 
but the President and the Secretary may make to the Congress such 
recommendations with respect to the contents of the reports as each 
may deem appropriate. 
(g) (1) The Secretary shall submit to the Congress, within one hun-
dred and twenty days after the date of the enactment of the Act, a plan 
for studies to be conducted under this section. The Secretary shall 
have such plan delivered to both Houses on the same day and to each 
House while it is in session. The Secretary shall not commence such 
studies until the first day after the close of the first period of sixty cal-
endar days of continuous session of Congress after the date of the 
delivery of such plan to the Congress. 
(2) For the purposes of paragraph (1) — 
(A) continuity of session is broken only by adjournment of 
Congress sine die; and 
Reports to 
President and 
Congress. 
Comments and 
legislative 
recommenda-
tions. 
Plan, submittal to 
Congress. 
92 STAT. 2338 
PUBLIC LAW 95-561—NOV. 1, 1978 
'State. 
Control of 
Paperwork 
Amendments of 
1978. 
20 u s e 1221-3 
note. 
(B) the days on which either House is not in session because 
of an adjournment of more than three days to a day certain are 
excluded in the computation of the sixty-day period. 
(h) Sums made available pursuant to section 183 of the Elementary 
and Secondary Education Act of 1965 and other funds available to 
any agency of the Department of Health, Education, and Welfare for 
purposes consistent with this section, shall be available to carry out 
the provisions of this section. 
(i) For purposes of this section, the term "State" means each of the 
States, the District of Columbia, and the Commonwealth of Puerto 
Rico. 
PART B—PAPERWORK CONTROL 
SHORT TITLE 
SEC. 1211. This part may be cited as the "Control of Paperwork 
Amendments of 1978". 
, 
GENERAL EDUCATION PROVISIONS ACT AMENDMENT 
SEC. 1212. (a) Paragraph (3) of section 406(b) of the General Edu-
20 use 1221e-l. cation Provisions Act is amended by inserting ", including State agen-
cies responsible for postsecondary education," immediately after "local 
educational agencies". 
(b) The General Education Provisions Act is amended by adding 
after section 400 the following new section: 
"CONTROL OF PAPERWORK 
Coordination. 
"SEC 400A. (a)(1)(A) In order to eliminate excessive detail and 
20 use 1221-3. unnecessary and redundant information requests and to achieve the 
collection of information in the most efficient and effective possible 
manner, the Secretary shall coordinate the collection of information 
and data acquisitioned activities of all Federal agencies, (i) whenever 
the respondents are primarily educational agencies or institutions, and 
(ii) whenever the purpose of such activities is to request information 
needed for the management of, or the formulation of, policy related to 
Federal education programs or research or evaluation studies related 
to the implementation of Federal education programs. 
"(B) There is hereby established a Federal Education Data Acquisi-
tion Council, to consist of members appointed by the Secretary who 
shall represent the public and the major agencies which collect and use 
education data, including one representative each of the Office of Man-
agement and Budget and of the Office of Federal Statistical Policy and 
Standards. The members representing the public may be appointed for 
not more than three years. The Council shall advise and assist the 
Secretary with respect to the improvement, development, and coordi-
nation of Federal education information and data acquisition activi-
ties, and shall review the policies, practices, and procedures established 
by the Secretary. The Council shall meet regularly during the year 
and shall be headed by an individual from an agency which has 
expertise in data collection but which undertakes no major data collec-
tion of education data. 
Definitions. 
" (2) For the purposes of this section, the term— 
" (A) 'information' has the meaning given it by section 3502 of 
title 44, United State Code; 
• 
"(B) 'Federal agency' has the meaning given it by section 3502 
of the same title; and 
Federal Education 
Data Acquisition 
Council, 
establishment, 
membership, and 
duties. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2339 
Review and 
coordination. 
Assistance and 
plan requirement. 
"(C) 'educational agency or institution' means any public or 
private agency or institution oifering education programs. 
"(3) (A) The Secretary shall review and coordinate all collection of 
information and data acquisition activities described in paragraph 
(1) (A) of this subsection, in accordance with procedures approved 
by the Federal Education Data Acquisition Council. Such procedures 
shall be designed in order to enable the Secretary to determine whether 
proposed collection of information and data acquisition activities are 
excessive in detail, unnecessary, redundant, ineffective, or excessively 
costly, and, if so, to advise the heads of the relevant Federal agencies. 
"(B) No collection of information or data acquisition activity sub-
ject to such procedures shall be subject to any other review, coordina-
tion, or approval procedure outside of the relevant Federal agency 
except as required by this subsection and except that an aggrieved 
agency may seek review of an adverse action by the Secretary under 
subparagraph (A) by the Director of the Office of Management under 
the rules and regulations established pursuant to section 3509 of title 
44, United States Code, and the Director shall issue a decision thereon 
within 10 days after receipt of the request for review. 
"(C) The procedures established by the Secretary shall include a 
review of plans for evaluations and for research when such plans 
are in their preliminary stages, in order to give advice to the heads 
of Federal agencies regarding the data acquisition aspects of such 
plans. 
"(b)(1) The Secretary shall assist each Federal agency in per-
forming the review and coordination required by this section and 
shall require of each agency a plan for each collection of information 
and data acquisition activity, which shall include— 
"(A) a detailed justification of how information once collected 
will be used; 
"(B) the methods of analysis which will be applied to such 
data; 
"(C) the timetable for the dissemination of the collected data; 
and 
"(D) an estimate of the costs and man-hours required by each 
educational agency or institution to complete the request and an 
estimate of costs to Federal agencies to collect, process, and analyze 
the information, based upon previous experience with similar data 
or upon a sample of respondents. 
"(2) In performing the review and coordination required by this 
section, the Secretary shall assure that— 
"(A) no information or data will be requested of any educa-
tional agency or institution unless that request has been approved 
and publicly announced by the February 15 immediately preced-
ing the beginning of the new school year, unless there is an urgent 
need for mis information or a very unusual circumstance exists 
regarding it; 
(B) sampling techniques, instead of universal responses, will 
be used wherever possible, with special consideration being given 
to the burden being placed upon small school districts, colleges, 
and other educational agencies and institutions; and 
"(C) no request for information or data will be approved if 
such information or data exist in the same or a similar form in the 
automated indexing system required to be developed pursuant to 
subsection (d). 
"(3) Each educational agency or institution subject to a request Comments 
under the collection of information and data acquisition activity and 
92 STAT. 2340 
PUBLIC LAW 95-561—NOV. 1, 1978 
Waiver. 
Announcement in 
Federal Register. 
Notification. 
42 use 2000a 
note. 
20 use 1221e-l. 
Standard 
definitions and 
terms. 
Automated 
indexing system. 
Uniform reporting 
dates. 
Listings, 
publication. 
Authority, 
identification. 
their representative organizations shall have an opportunity, during 
a thirty-day period, to comment to the Secretary on the collection of 
information and data acquisition activity. The exact data instruments 
for each proposed activity shall be available to the public upon request 
during this comment period. 
" (4) No changes may be made in the plans for the acquisition of 
that information or data, except changes required as a result of the 
review described in this section, after such plans have been finally 
approved under this section, unless the changed plans go through 
the same approval process. 
"(5) The Secretary may waive the requirements of this section 
for individual research and evaluation studies which are not designated 
for individual project monitoring or review, provided that— 
"(A) the study shall be of a nonrecurring nature; 
"(B) any educational agency or institution may choose whether 
or not to participate, and that any such decision shall not be used 
by any Federal agency for purposes of individual project monitor-
ing or funding decisions; 
"(C) the man-hours necessary for educational agencies and 
institutions to respond to requests for information or data shall 
not be excessive, and the requests shall not be excessive in detail, 
unnecessary, redundant, ineffective, or excessively costly; and 
"(D) the Federal agency requesting information or data has 
announced the plans for the study in the Federal Register. 
The Secretary shall inform the relevant agency or institution concern-
ing the waiver decision within thirty days following such an announce-
ment, or the study shall be deemed waived and may proceed. Any 
study waived under the provisions of this subsection shall be subject 
to no other review than that of the agency requesting information or 
data from educational agencies or institutions. 
" (6) Nothing in this section shall be construed to interfere with the 
enforcement of the provisions of the Civil Rights Act of 1964 or any 
other nondiscrimination provision of Federal law. 
"(c) The Secretary shall, insofar as practicable, and in accordance 
with the provisions of this Act, provide educational agencies and insti-
tutions and other Federal agencies, pursuant to the requirement of 
section 406(f) (2) (A), with summaries of information collected and 
the data acquired by Federal agencies, unless such data were acquired 
on a confidential basis. 
"(d) The Secretary shall, insofar as practicable— 
"(1) develop standard definitions and terms consistent, wher-
ever possible, with those established by the Office of Federal Sta-
tistical Policy and Standards, Department of Commerce, to be 
used by all Federal agencies in dealing with education-related 
information and data acquisition requests; 
"(2) develop an automated indexing system for cataloging all 
available data; 
" (3) establish uniform reporting dates among Federal agencies 
for the information and data acquisition required after review 
under this section; 
" (4) publish annually a listing of education data requests, by 
Federal agency, and for the programs administered in the Educa-
tion Division, publish a listing annually of each such program 
with its appropriation and with the data burden resulting from 
each such program; and 
"(5) require the Federal agency proposing the collection of 
information or data acquisition activity to identify in its data 
instrument the legislative auhority specifically requiring such col-
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2341 
lection, if any, and require the responding educational agency or 
institution to make the same identification if it in turn collects 
such information or data from other agencies or individuals. 
"(e)(1) Subject to the provisions of paragraph (2), the Secre-
tary shall develop, in consultation with Federal and State agencies 
and local educational agencies, procedures whereby educational agen-
cies and institutions are permitted to submit information required 
under any Federal educational program to a single Federal or State 
educational agency. 
"(2) Any procedures developed under paragraph (1) shall be con-
sidered regulations for the purpose of section 431 and shall be sub-
mitted subject to disapproval in accordance with section 431 (e) of this 
Act for a period of not to exceed 60 days computed in accordance with 
such section. 
"(f) The Secretary shall submit a report to the Congress not less 
than once every three years, describing the implementation of this 
section. Such report shall contain recommendations for revisions to 
Federal laws which the Secretary finds are imposing undue burdens 
on educational agencies and institutions, and such recommendations 
shall not be subject to any review by any Federal agency outside the 
Department. 
"(f)(1) The Secretary is authorized to make grants from sums 
appropriated pursuant to this subsection to State educational agencies, 
including State agencies responsible for postsecondary education, for 
the development or improvement of education management informa-
tion systems. 
"(2) Any State educational agency is eligible for a grant of funds 
under this subsection subject to the following conditions: 
" (A) The agency agrees to use such funds for the development 
or improvement of its management information system and agrees 
to coordinate all data collection for Federal programs adminis-
tered by the agency through such a system. 
"(B) The agency agrees to provide funds to local educational 
agencies and institutions of higher education for the development 
or improvement of management information systems when such 
grants are deemed necessary by the State educational agency. 
"(C) The State agency agrees to take specific steps, in coop-
eration with the Secretary and with local educational agencies 
or institutions of higher education in the State, as appropriate, 
to eliminate excessive detail and unnecessary and redundant infor-
mation requests within the State and to achieve the collection of 
information in the most efficient and effective possible manner so 
as to avoid imposing undue burdens on local educational agencies 
or institutions of higher education. 
"(g) For the purpose of carrying out this subsection— 
"(1) there are authorized to be appropriated for salaries and 
expenses $600,000 for fiscal year 1979, $1,000,000 for fiscal year 
1980, and $1,200,000 for each of the two succeeding fiscal years; 
" (2) there are authorized to be appropriated for grants under 
paragraph (6) the sums of $5,000,000 for fiscal year 1979, 
$25,000,000 for fiscal year 1980, and $50,000,000 for each of the two 
succeeding fiscal years; and 
"(3) the sums appropriated according to paragraphs (1) and 
(2) shall be appropriated as separate line items.". 
(c) Section 406 of such Act is amended— 
(1) by striking out subsection (g),and 
(2) by redesignating subsection (h), and all references thereto, 
as subsection (g). 
Procedures, 
consultation. 
20 use 1232. 
Report and 
recommendations 
to Congress. 
Education 
management 
information 
systems, grants. 
Eligibility. 
Appropriation 
authorization. 
20 u s e 1221e-I. 
92 STAT. 2342 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 use 1231g. 
Uniform 
submission dates, 
establishment. 
SEC. 1213. Subpart 2 of part C of the General Education Provisions 
Act is amended by adding immediately before section 431 thereof the 
following new section: 
''APPLICATIONS 
"SEC. 430. (a) Notwithstanding any other provision of law, unless 
expressly in limitation of the provisions of this section, the Com-
missioner is authorized to provide for the submission of applications 
for assistance effective for three fiscal years under any applicable 
program with whatever amendments to such applications being 
required as the Commissioner determines essential. 
"(b) The Commissioner shall, insofar as is practicable, establish 
uniform dates during the year for the submission of applica-
tions under all applicable programs and for the approval of such 
applications. 
"(c) The Commissioner shall, insofar as is practicable, develop and 
require the use of— 
"(1) a common application for grants to local educational 
agencies in applicable programs administered by State educa-
tional agencies in which the funds are distributed to such local 
agencies pursuant to some objective formula, and such applica-
tion shall be used as the single application for as many of these 
programs as is practicable; 
APPLICATIONS 
"(2) a common application for grants to local educational 
agencies in applicable programs administered by State educational 
agencies in which the funds are distributed to such local agencies 
on a competitive or discretionary basis, and such application 
shall be used as the single application for as many of such pro-
grams as is practicable; and 
"(3) a common application for grants to local educational 
agencies in applicable programs which are directly administered 
by the Commissioner, and such application shall be used as the 
single application for as many of these programs as is 
practicable.". 
PART C—FEDERAL, STATE AND LOCAL RESPONSIBILITIES 
20 u s e 1232d, 
1226a-l. 
20 u s e 1232f, 
1221e-la. 
20 u s e 1232c, 
1232e. 
Plan submittal 
and 
requirements. 
20 u s e 1232c. 
STATE AND LOCAL ADMINISTRATION 
SEC. 1231. (a) The General Education Provisions Act is further 
amended— 
(1) by redesignating section 435 as section 415, by inserting 
such section (as so redesignated) immediately after section 414, 
and by deleting such section from its previous location; 
(2) by redesignating section 437 as section 406A, by inserting 
such section immediately after section 406, and by deleting such 
section from its previous location; and 
(3) by striking out sections 434 and 436 and by inserting imme-
diately after section 433 the following new subpart: 
"Subpart 3—Administration of Education Programs and Projects 
by States and Local Educational Agencies 
(( 
STATE EDUCATIONAL AGENCY MONITORING AND ENFORCEMENT 
"SEC. 434. (a) In the case of any applicable program in which Fed-
eral funds are made available to local agencies in a State through or 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2343 
under the supervision of a State board or agency, the Commissioner 
may require the State to submit a plan for monitoring compliance 
by local agencies with Federal requirements under such program and 
for enforcement by the State of such requirements. The Commissioner 
may require such plan to provide— 
"(1) for periodic visits by State personnel of programs admin-
istered by local agencies to determine whether such programs are 
being conducted in accordance with such requirements; 
"(2) for periodic audits of expenditures under such programs 
by auditors of the State or other auditors not under the control, 
direction, or supervision of the local educational agency; and 
"(3) that the State investigate and resolve all complaints 
received by the State, or referred to the State by the Commissioner, 
relating to the administration of such programs. 
" (b) In order to enforce the Federal requirements under any appli- Enforcement, 
cable program the State may— 
"(1) withhold approval, in whole or in part, of the applica-
tion of a local agency for funds under the program until the State 
is satisfied that such requirements will be met; except that the 
State shall not finally disapprove such an application unless the 
State provides the local agency an opportunity for a hearing 
before an impartial hearing officer and such officer determines that 
there has been a substantial failure by the local agency to comply 
with any of such requirements; 
" (2) suspend payments to any local agency, itt whole or in part, 
under the program if the State has reason to befieve that the local 
agency has failed substantially to comply with any of such 
requirements, except that (A) the State shall not suspend such 
payments until fifteen days after the State provides the local 
agency an opportunity to show cause why such action should not be 
taken and (B) no such suspension shall continue in effect longer 
than sixty days unless the State within such period provides the 
notice for a hearing required under paragraph (3) of this 
subsection; 
"(3) withhold payments, in whole or in part, under any such 
program if the State finds, after reasonable notice and oppor-
tunity for a hearing before an impartial hearing officer, that the 
local agency has failed substantially to comply with any of such 
requirements. 
Any withholding of payments under paragraph (3) of this subsection 
shall continue until the State is satisfied that there is no longer a 
failure to comply substantially with any of such requirements. 
"SINGLE STATE APPLICATION 
"SEC. 435. (a) In the case of any State which applies, contracts, or 20 USC 1232d. 
submits a plan, for participation in any applicable program in which 
Federal funds are made available for assistance to local educational 
agencies through, or under the supervision of, the State educational 
agency of that State, such State shall submit (subject, in the case of 
programs under titles I and IV of the Elementary and Secondary Edu-
cation Act of 1965, to the provisions of title V of such Act) to the Com-
missioner a general application containing the assurances set forth in 
subsection (b). Such application may be submitted jointly for all 
programs covered by the application, or it may be submitted separately 
for each such program or for groups of programs. Each application 
submitted under this section must be approved by each official, agency, 
Ante, pp. 
2153, 
2229, 
2240. 
92 STAT. 2344 
PUBLIC LAW 95-561—NOV. 1, 1978 
Assurances. 
Administration. 
Reports and 
records. 
Post, p. 2346. 
Program 
participation. 
Consultation. 
board, or other entity within the State which, under State law, is 
primarily responsible for supervision of the activities conducted under 
each program covered by the application. 
"(b) An application submitted under subsection (a) shall set forth 
assurances, satisfactory to the Commissioner— 
"(1) that each program will be administered in accordance 
with all applicable statutes, regulations, program plans, and 
applications; 
"(2) that the control of funds provided under each program 
and title to property acquired with program funds will be in a 
public agency, or in a nonprofit private agency, institution, or 
organization if the statute authorizing the program provides for 
grants to such entities, and that the public agency or nonprofit 
private agency, institution, or organization will administer such 
funds and property; 
"(3) that the State will adopt and use proper methods of 
administering each applicable program, including— 
"(A) monitoring of agencies, institutions, and organiza-
tions responsible for carrying out each program, and the 
enforcement of any obligations imposed on those agencies, 
institutions, and organizations under law, 
"(B) providing technical assistance, where necessary, to 
such agencies, institutions, and organizations, 
"(C) encouraging the adoption of promising or innovative 
educational techniques by such agencies, institutions, and 
organizations, 
"(D) the dissemination throughout the State of informa-
tion on program requirements and successful practices, and 
"(E) the correction of deficiencies in program operations 
that are identified through monitoring or evaluation; 
"(4) that the State will evaluate the effectiveness of covered 
programs in meeting their statutory objectives, at such intervals 
(not less often than once every three years) and in accordance 
with such procedures as the Commissioner may prescribe by regu-
lation, and that the State will cooperate in carrying out any evalu-
ation of each program conducted by or for the Secretary or other 
Federal official; 
"(5) that the State will use fiscal control and fund accounting 
procedures that will ensure proper disbursement of, and account-
ing for, Federal funds paid to the State under each program; 
"(6) that the State will make reports to the Commissioner 
(including reports on the results of evaluations required under 
paragraph (4)) as may reasonably be necessary to enable the 
Commissioner to perform his duties under each program, and 
that the State will maintain such records, in accordance with the 
requirements of section 437 of this Act, and afford access to the 
records as the Commissioner may find necessary to carry out his 
duties; and 
" (7) that the State will provide reasonable opportunities for the 
participation by local agencies, representatives of the class of indi-
viduals affected by each program and other interested institu-
tions, organizations, and individuals in the planning for and 
operation of each program, including the following: 
" (A) the State will consult with relevant advisory commit-
tees, local agencies, interest groups, and experienced profes-
sionals in the development of program plans required by 
statute; 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2345 
Proposals, 
publication and 
comments. 
" (B) the State will publish each proposed plan, in a manner 
that will ensure circulation throughout the State, at least sixty 
days prior to the date on which the plan is submitted to the 
Commissioner or on which the plan becomes effective, which-
ever occurs earlier, with an opportunity for public comments 
on such plan to be accepted for at least thirty days; 
"(C) the State will hold public hearings on the proposed Hearings, 
plans if required by the Commissioner by regulation; and 
" ( D ) the State will provide an opportunity for interested 
agencies, organizations, and individuals to suggest improve-
ments in the administration of the program and to allege that 
there has been a failure by any entity to comply with appli-
cable statutes and regulations. 
"(c) Each general application submitted under this section shall 
remain in effect for the duration of any program it covers. The Com-
missioner shall not require the resubmission or amendment of that 
application unless required by changes in Federal or State law or by 
other significant changes in the circumstances affecting an assurance 
in that application. 
" S I N G L E LOCAL EDUCATIONAL AGENCY 
APPLICATION 
"SEC. 436. (a) Each local educational agency which participates in 20 USC 1232e. 
an applicable program under which Federal funds are made available 
to such agency through a State agency or board shall submit to such 
agency or board a general application containing the assurances set 
forth in subsection (b). That application shall cover the participation 
by that local education agency in all such programs. 
"(b) The general application submitted by a local educational Assurances, 
agency under subsection (a) shall set forth assurances— 
"(1) that the local educational agency will administer each Administration, 
program covered by the application in accordance with all appli-
cable statutes, regulations, program plans, and applications; 
" (2) that the control of funds provided to the local educational 
agency under each program and title to property acquired with 
f 
those funds, will be in a public agency and that a public agency 
will administer those funds and propeity; 
"(3) that the local educational agency will use fiscal control 
and fund accounting procedures that will ensure proper dis-
bursement of, and accounting for, Federal funds paid to that 
agency under each program; 
"(4) that the local educational agency will make reports to the 
State agency or board and to the Commissioner as may reason-
ably be necessary to enable the State agency or board and the 
Commissioner to perform their duties and that the local educa-
tional agency will maintain such records, including the records 
required under section 437, and provide access to those records, 
as the State agency or board or the Commissioner deem necessary 
to perform their duties: 
"(5) that the local educational agency will provide reasonable Program 
opportunities for the participation by teachers, parents, and other participation, 
interested agencies, organizations, and individuals in the planning 
for and operation of each program; 
"(6) that any application, evaluation, periodic program plan 
Public 
or report relating to each program will be made readily available availability, 
to parents and other members of the general public; 
Reports and 
records. 
92 STAT. 2346 
PUBLIC LAW 95-561—NOV. 1, 1978 
29 use 794. 
20 use 1088f-l. 
"(7) that in the case of any project involving construction— 
"(A) the project is not inconsistent with overall State 
plans for the construction of school facilities, and 
"(B) in developing plans for construction, due consider-
ation will be given to excellence of architecture and design 
and to compliance with standards prescribed by the Secre-
tary under section 504 of the Rehabilitation Act of 1973 in 
order to ensure that facilities constructed with the use of 
Federal funds are accessible to and usable by handicapped 
individuals; and 
"(8) that the local educational agency has adopted effective 
procedures for acquiring and disseminating to teachers and 
administrators participating in each program significant informa-
tion from educational research, demonstrations, and similar proj-
ects, and for adopting, where appropriate, promising educational 
practices developed through such projects. 
"(c) A general application submitted under this section shall remain 
in effect for the duration of the programs it covers. The State agencies 
or boards administering the programs covered by the application shall 
not require the submission or amendment of such application unless 
required by changes in Federal or State law or by other signifi-
cant change in the circumstances affecting an assurance in such 
application.". 
(b) Section 497A(a) of the Higher Education Act of 1965 is 
amended by striking out "or of section 434 (c) of the General Educa-
tion Provisions Act.". 
(c) Part C of the General Education Provisions Act is further 
amended by inserting immediately after section 436 the following: 
"Subpart 4—^Records; Privacy; Limitation on Withholding 
Federal Funds 
(C 
RECORDS 
20 use 1232f. 
"SEC. 437. (a) Each recipient of Federal funds under any applicable 
program through any grant, subgrant, contract, subcontract, loan, or 
other arrangement (other than procurement contracts awarded by 
an administrative head of an educational agency) shall keep records 
which fully disclose the amount and disposition by the recipient of 
those funds, the total cost of the activity for which the funds are 
used, the share of that cost provided from other sources, and such 
other records as will facilitate an effective audit. The recipient shall 
maintain such records for five years after the completion of the activ-
ity for which the funds are used. 
Audits, access. 
"(b) The Secretary and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall have 
access, for the purpose of audit examination, to any records of a recipi-
ent which may be related, or pertinent to, the grants, subgrants, con-
tracts, subcontracts, loans, or other arrangements to which reference is 
made in subsection (a)j or which may relate to the compliance of the 
recipient with any requirement of an applicable program.". 
ENFORCEMENT 
20 use 1221. 
SEC. 1232. The General Education Provisions Act is amended by 
adding at the end thereof the following new part: 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2347 
"PART E—ENFORCEMENT 
"EDUCATION APPEAL BOARD 
"SEC. 451. (a) The Commissioner shall establish in the Office of Edu-
cation an Education Appeal Board (hereinafter in this part referred 
to as the 'Board') the functions of which shall be to conduct— 
"Tl^ audit appeal hearings pursuant to section 452 of this Act, 
"(2) withholding hearings pursuant to section 453 of this Act, 
"(3) cease and desist hearings pursuant to section 454 of this 
Act, and 
" (4) other proceedings designated by the Commissioner. 
"(b) The members of the Board shall be designated by the Secre-
tary, in consultation with the Assistant Secretary for Education and 
the Commissioner, and may include individuals who are officers or 
employees of the United States, as well as individuals who are not full-
time employees of the Federal Government. 
"(c) The Board shall be composed of not less than fifteen nor more 
than thirty members, of whom no more than one-third shall be officers 
or employees of the Department. The Secretary shall designate one of 
the members of the Board to be the Chairman. 
"(d) For the purposes of conducting hearings as provided in sub-
section (a) the Chairman may appoint hearing panels of not less than 
three members of the Board, or the Chairman may designate the entire 
Board to sit as a panel for any case or class of cases. On any such 
panel— 
"(1) the majority of members shall not be individuals in the 
full-time employment of the Federal Government, 
"(2) the membership shall not include any individual who is a 
party to, or has any responsibility for, any particular matter 
assigned to that panel, and 
"(3) the Chairman of the Board shall designate one member of 
each such panel to be the presiding officer. 
"(e) The proceedings of the Board shall be conducted according to 
such rules as the Commissioner shall prescribe by regulation in con-
formance with the rules relating to hearings in title 5, United States 
Code, sections 554, 556, and 557 respecting— 
"(1) the receipt of oral or written testimony, 
" (2) notice of the issues to be considered, 
" (3^ the right to counsel, 
" (4) intervention of third parties, 
"(5) transcripts of proceedings, and 
"(6) such other matters as may be necessary to carry out the 
functions of the Board. 
"(f) If there has been established within the Department of Health, 
Education, and Welfare an appeal board which the Commissioner 
determines is capable of carrying out the functions of the Board estab-
lished under this section, he may, with the approval of the Secretary, 
designate such Department appeal board to carry out the functions of 
this section. 
(( 
AUDIT DETERMINATIONS 
"SEC._ 452. (a) Whenever the Commissioner determines that an 
expenditure not allowable under a program listed in section 435(a) of 
this title, or conducted under title VI and title VII of the Elementary 
and Secondary Education Act of 1965 or under the Emergency School 
Aid Act, has been made by a State or by a local educational agency, or 
Establishment and 
functions. 
20 use 1234. 
Membership. 
Chairman. 
Hearing panels. 
Appeal board, 
designation. 
Notification. 
20 u s e 1234a. 
Ante, p. 2343. 
Ante, pp. 2252, 
2268. 
Ante, p. 2252. 
92 STAT. 2348 
PUBLIC LAW 95-561—NOV. 1, 1978 
that a State or local educational agency has otherwise failed to dis-
charge its obligation to account for funds under any such program, the 
Commissioner shall give such State or local educational agency writ-
ten notice of a final audit determination, and he shall at the same time 
notify such State or agency of its right to have such determination 
reviewed by the Board. 
Review, 
"(b) A State or a local educational agency that has received written 
application. 
notice of a final audit determination and that desires to have such 
determination reviewed by the Board shall submit to the Board an 
application for review not later than thirty days after receipt of noti-
fication of the final audit determination. The application for review 
shall be in the form and contain the information specified by the Board. 
The Board shall return to the Commissioner for such action as he 
deems appropriate any final audit determination which, in the judg-
ment of the Board, contains insufficient detail to identify with particu-
larity those expenditures which are not allowable. Unless the Board 
determines that a final audit determination lacks sufficient detail, the 
burden shall be upon the State or local educational agency to demon-
strate the allowability of expenditures disallowed in the final audit 
determination. 
"(c) When a State or a local educational agency has submitted an 
application for review with respect to a final audit determination, no 
action shall be taken by the Commissioner to collect the amount deter-
mined to be owing until the Board has issued a final decision upholding 
the audit determination as to all or any part of such amount. The filing 
of such an application shall not affect the authority of the Commis-
sioner to take any other adverse action against such State or agency 
under this part. 
"(d) A decision of the Board with respect to an application for 
review under this section shall become final unless within sixty days 
following receipt by the State or by the local educational agency of 
written notice of the decision— 
"(1) the Commissioner for good cause shown, modifies or sets 
aside the decision, in whole or in part, in which case the decision 
shall become final sixty days after such action by the Commis-
sioner, or 
"(2) the State or the local educational agency files a petition 
for judicial review as provided in section 455 of this Act. 
"(e) A final audit determination by the Commissioner under sub-
section (a) with respect to which review has not been requested pur-
suant to subsection (b), or a final decision of the Board under this 
section upholding a final audit determination against a State or a local 
educational agency shall establish the amount of the audit determina-
tion as a claim of the United States which the State or the local edu-
cational agency shall be required to pay to the United States and which 
may be collected by the Commissioner in accordance with the Federal 
31 use 951 note. Claims Collection Act of 1966. 
Claim 
"(f) (1) Notwithstanding any other provision of law, the Commis-
compromises. 
sioner may, subject to the notice requirements of paragraph (2), com-
promise any claim established under this section for which the initial 
determination was found to be not in excess of $50,000, where the Com-
missioner determines that (A) the collection of any or all of the amount 
thereof would not be practical or in the public interest, and (B) the 
practice which resulted in the claim has been corrected and will not 
recur. 
Publication in 
" (2) Not less than forty-five days prior to the exercise of the author-
Federal Register, ity to compromise a claim pursuant to paragraph (1), the Commis-
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2349 
sioner shall publish in the Federal Register a notice of his intention 
to do so. Such notice shall provide interested persons an opportunity Comments, 
to comment on any proposed action under this subsection through the 
submission of written data, views, or arguments. 
"(g) No State and no local educational agency shall be liable to 
refund any amount expended under an applicable program which is 
determined to be unauthorized by law if that expenditure was made 
more than five years before that State or local educational agency is 
given the notice required by subsection (a). 
"(h) The Secretary shall employ, assign, or transfer sufficient pro-
fessional personnel to ensure that all matters brought before the Board 
may be dealt with in a timely manner. 
"WITHHOLDINGS 
"SEC. 453. (a) Whenever the Commissioner has reason to believe 
that any recipient of funds under any applicable program (other than 
a program to which regulations promulgated under section 497A of 
the Higher Education Act of 1965 apply), has failed to comply sub-
stantially with any requirement of law applicable to such funds, he 
shall notify such recipient in writing of his intention to withhold, in 
whole or in part, further payments under such program, including 
payments for State or local administrative costs, until he is satisfied 
that the recipient no longer fails to comply with such assurances or 
other terms. 
"(b) The notification required under subsection (a) shall state (1) 
the facts upon which the Commissioner has based his belief and (2) a 
notice of opportunity for a hearing to be held on a date at least thirty 
days after the notification has been sent to the recipent. The hearing 
shall be held before the Board and shall be conducted in accordance 
with rules prescribed pursuant to section 451(e) of this Act. 
"(c) Pending the outcome of any proceeding initiated under this 
section, the Commissioner may suspend payments to such a recipient, 
after such recipient has been given reasonable notice and opportunity 
to show cause why such action should not be taken. 
"(d) The decision of the Board in any proceeding brought under 
this section shall become final unless within sixty days following 
receipt by the recipient of written notice of the decision— 
"(1) the Commissioner for good cause shown, modifies, or sets 
aside the decision in whole or in part, in which case the decision 
as modified shall become final sixty days after such action by the 
Commissioner, or 
"(2) the recipient files a petition for judicial review as pro-
vided in section 455 of this Act. 
Notification. 
20 use 1234b. 
20 use 1088f-l. 
Notice and 
hearing. 
CEASE AND DESIST ORDERS 
"SEC. 454. (a) Whenever the Commissioner has reason to believe 
that any State or any local educational agency that receives funds 
under any applicable program has failed to comply substantially with 
any requirement of law applicable to such funds, in lieu of proceeding 
under section 453 of this Act, the Commissioner may issue and cause 
to be served upon such State or upon such local educational agency 
a complaint (1) stating the charges upon which his belief is based, 
and (2) containing a notice of a hearing to be held before the Board 
on a date at least thirty days after the service of that complaint. 
"(b) The State or the local educational agency upon which such a 
eomplaints. 
20 use 1234c. 
Notice and 
hearing. 
92 STAT. 2350 
PUBLIC LAW 95-561—NOV. 1, 1978 
complaint has been served shall have the right to appear before the 
r
* 
Board on the date specified and to show cause why an order should 
not be entered by the Board requiring such State or such local educa-
tional agency to cease and desist from the violation of law charged 
in the complaint. 
Testimony, filing. 
"(c) The testimony in any hearing held under this section shall be 
Report. 
reduced to writing and filed with the Board. If upon that hearing the 
Board shall be of the opinion that the State or the local educational 
agency is in violation of any requirement of law as charged in the 
complaint, it shall make a report in writing stating its findings of fact 
and shall issue and cause to be served upon the State or the local edu-
cational agency an order requiring the State or the local educational 
agency to cease and desist from the practice, policy, or procedure 
which resulted in such violation. 
"(d) The report and order of the Board shall become final on the 
sixtieth day following the date upon which the order of the Board was 
served upon the State or the local educational agency unless before 
that day the State or local educational agency files a petition for 
judicial review as provided in section 455 of this Act. 
Enforcement. 
"(e) A final order of the Board under this section may be enforced, 
as determined by the Commissioner, by— 
"(1) the withholding of any portion of the amount payable, 
y 
including amounts payable for administrative costs, under the 
affected program to the State or the local educational agency 
against which the final order has been issued, or 
Certification. 
"(2) the Commissioner certifying the facts to the Attorney 
General whose duty it shall be to cause appropriate proceeding 
to be brought for the enforcement of the order. 
(.(. 
Entitiement. 
20 use 1234d. 
Ante, p. 2343. 
Petition, 
filing 
and 
copy. 
JUDICIAL REVIEW 
"SEC. 455. (a) Any recipient of funds under an applicable pro-
gram that would be adversely affected by any action under section 452, 
453, or 454 of this Act, and any State entitled to receive funds under 
a program listed in section 435(a) of this title whose application 
therefor has been disapproved by the Commissioner, shall be entitled 
to judical review of such action in accordance with the provision of 
this section. 
" (b) Any State, local educational agency, or other recipient entitled 
to judicial review under subsection (a) that desires such review of any 
action by the Commissioner or the Board qualifying for review under 
this section shall, within sixty days of that action, file with the United 
States Court of Appeals for the circuit in which that State, local edu-
cational agency, or other recipient is located, a petition for review of 
such action. A copy of the petition shall be forthwith transmitted by 
the clerk of the court to the Commissioner. The Commissioner there-
upon shall file in the court the record of the proceedings on which the 
action was based, as provided in section 2112 of title 28, United States 
Code. 
"(c) The findings of fact by the Board, if supported by substantial 
evidence, shall be conclusive; but the court, for good cause shown, 
may remand the case to the Board to take further evidence, and the 
Board may thereupon make new or modified findings of fact and may 
modify its previous action, and shall certify to the court the record of 
the further proceedings. Such new or modified findings of fact shall 
likewise be conclusive if supported by substantial evidence. 
"(d) The court shall have jurisdiction to affirm the action of the 
Board or the Commissioner or to set it aside, in whole or in part. The 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2351 
judgment of the court shall be subject to review by the Supreme Court 
of the United States upon certiorari or certification as provided in 
section 1254 of title 28, United States Code. 
USE OF RECOVERED FUNDS 
"SEC. 456. (a) Whenever the Commissioner has recovered funds 
following a final audit determination with respect to any applicable 
program, he may consider those funds to be additional funds available 
for that program and may arrange to repay to the State or the local 
agency affected by that action not to exceed 75 percent of those funds 
upon his determination that— 
"(1) the practices or procedures of the State or local agency 
that resulted in the audit determination have been corrected, and 
that the State or the local agency is in all other respects in com-
pliance with the requirement of that program; 
"(2) the State or the local agency has submitted to the Com-
missioner a plan for the use of those funds pursuant to the require-
ments of that program and, to the extent possible, for the benefit 
of the population that was affected by the failure to comply or 
by the misexpenditures that resulted in the audit exception; and 
"(3) the use of those funds in accordance with that plan would 
serve to achieve the purposes of the program under which the 
funds were originally granted. 
"(b) Any payments by the Commissioner under this section shall 
be subject to such other conditions as the Commissioner deems 
necessary to accomplish the purposes of the affected programs, 
including— 
" (1) the submission of periodic reports on the use of funds pro-
vided under this section; and 
"(2) consultation by the State or local agency with parents or 
representatives of the population that will benefit from the 
payments. 
"(c) Notwithstanding any other provisions of law, the Commis-
sioner may authorize amounts made available under this section to 
remain available for expenditure, subject to such conditions as he 
deems appropriate, for up to three fiscal years following the fiscal year 
in which the audit determination referred to in subsection (a) was 
made. 
"(d) At least thirty days prior to entering into an arrangement 
under this section, the Commissioner shall publish in the Federal 
Register a notice of his intent to do so and the terms and conditions 
under which payments will be made. Interested persons shall have an 
opportunity for at least thirty days to submit comments to the Com-
missioner regarding the proposed arrangement.". 
PART D—GEIJERAL ADMINISTRATIVE PROVISIONS 
State or local 
agency, 
repayment. 
20 u s e 1234e. 
Notice, 
publication in 
Federal Register. 
Comments. 
OFFICE OF NON-PUBLIC EDUCATION 
SEC. 1241. Section 403 of the General Education Provisions Act is 
amended by adding at the end thereof the followina: new subsection: 
"(d)(1) There shall be, in the Office of Education, an Office of 
Non-Public Education to insure the maximum potential participation 
of nonpublic school students in all Federal educational programs for 
which such children are eligible. 
"(2) The Office shall be headed by the Deputy Commissioner for 
Non-Public Education, who shall be appointed by the Commissioner.". 
Establishment. 
20 u s e 1221c. 
92 STAT. 2352 
PUBLIC LAW 95-561—NOV. 1, 1978 
Grant or 
cooperative 
agreement. 
20 u s e 122 le. 
Management. 
Assessment Policy 
G)mmittee, 
establishment and 
membership. 
NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS 
SEC. 1242. Section 405 of the General Education Provisions Act is 
amended by adding at the end thereof the following new subsection: 
"(k) (1) In addition to other responsibilities of the Institute under 
this section, the Institute shall carry out, by grant to or cooperative 
agreement (subject to the provisions of the Federal Grant and Coop-
erative Agreement Act of 1977) with a nonprofit education organiza-
tion, a National Assessment of Educational Progress which shall have 
as a primary purpose the assessment of the performance of children 
and young adults in the basic skills of reading, mathematics, and com-
r;ninication. Sucli a National Assessment shall— 
" (A) collect and report at least once every five years data assess-
ing the perfoi'mance of students at various age or grade levels 
in each of the areas of reading, writing, and mathematics; 
"(B) report periodically data on changes in knowledge and 
skills of such students over a period of time; 
"(C) conduct special assessments of other educational areas, 
as the need for additional national information arises; and 
"(D) provide technical assistance to State educational agencies 
and to local educational agencies on the use of National Assess-
ment objectives, primarily pertaining to the basic skills of reading, 
mathematics, and communication, and on making comparisons of 
such assessments with the national profile and change data devel-
oped by the National Assessment. 
"(2) (A) The education organization through which the Institute 
carries out the National Assessment shall be responsible for overall 
management of the National Assessment. Such organization shall dele-
gate authority to design and supervise the conduct of the National 
Assessment to an Assessment Policy Committee established by such 
organization. The Assessment Policy Committee shall be composed 
of— 
"(i) five members appointed by the education organization of 
whom two members shall be representatives of business and indus-
try and three members shall be representatives of the general pub-
lic, and 
"(ii) twelve members appointed by the education organization 
from the categories of membership specified in subparagraph (B). 
"(B) Members of the Assessment Policy Committee appointed in 
accordance with division (ii) of subparagraph (A) shall be— 
" (i) one chief State school officer; 
"(ii) two State legislators; 
"(iii) two school district superintendents; 
" (iv) one chairman of a State board of education; 
" (v) one chairman of a local school board; 
" ^ vi) one Governor of a State; and 
"(vii) four classroom teachers. 
"(C) The Director of the Institute shall serve as an ex officio member 
of the Assessment Policy Committee. The Director shall also appoint 
a member of the National Council on Education Research to serve 
as a nonvoting member of the Assessment Policy Committee. 
"(D) Members appointed in accordance with divisions (i) and (ii) 
of subparagraph (A) shall be appointed for terms of three years, 
except that (i) in the case of members appointed for fiscal year 1979, 
one third of the membership shall be appointed for terms of one 
year each and one third shall be appointed for terms of two years each, 
and (ii) appointments to fill vacancies shall be for such terms as 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2353 
Review. 
remain unexpired. No member shall be appointed to serve more than 
two consecutive terms. 
"(3) The Assessment Policy Committee established by paragraph Duties. 
(2) shall be responsible for the design of the National Assessment, 
including the selection of the learning areas to be assessed, the devel-
opment and selection of goal statements and assessment items, the 
assessment methodology, the form and content of the reporting and 
dissemination of assessment results, and studies to evaluate and 
improve the form and utilization of the National Assessment. 
"(4) Each learning area assessment shall have ^oal statements 
devised through a national consensus approach, providing for active 
participation of teachers, curriculum specialists, subject matter spe-
cialists, local school administrators, parents, and concerned members 
of the general public. All items selected for use in the assessment shall 
be reviewed to exclude items which might reflect racial, sex, cultural, 
or regional bias. 
"(5) Participation in the National Assessment by State and local 
educational agencies selected as part of a sample of such agencies shall 
be voluntary. 
"(6) The Director of the Institute shall provide for a review of the 
National Assessment at least once every three years. This review shall 
provide an opportunity for public comment on the conduct and use-
fulness of National Assessment and shall result in a report to the 
Congress and to the Nation on the findings and recommendations, if 
any, stemming from the review. 
" (7) There are authorized to be appropriated $10,500,000 for each 
fiscal year ending prior to October 1,1983, to carry out the provisions 
of this subsection.". 
Review, comments 
and report to 
Congress. 
Appropriation 
authorization. 
NATIONAL CENTER FOR EDUCATION STATISTICS 
SEC. 1243. (a) Section 406(g) of the General Education Provisions 
Act (as redesignated by section 1212(c)) is amended by striking out Ante, p. 2341. 
"October 1, 1978" both places it appears therein, and by inserting 
instead "October 1,1983". 
(b) (1) Section 408(a) of such Act is amended by inserting "or by 20 USC 1221e-3. 
delegation of authority pursuant to law" immediately after "vested in 
him by law". 
(2) Section 408(a)(1) of that Act is amended by inserting after 
"operation of" a comma and the following: "and governing the appli-
cable programs administered by". 
GENERAL AUTHORITY OF ADMINISTRATIVE HEADS OF EDUCATION AGENCIES 
SEC. 1244. Section 408 of the General Education Provisions Act is 
further amended by redesignating subsections (b) and (c) as subsec-
tions (c) and (d), respectively, and by inserting immediately after 
subsection (a) the following new subsection: 
"(b) The administrative head of an education agency shall ensure 
that, in contracting under the authoritj^ of this section for the services 
of independent persons in the competitive review of grant applica-
tions, all such persons are qualified, by education and experience, to 
perform such services. The qualifications of such persons and the 
terms of such contracts, other than information which identify such 
person, shall be readily made available to the public". 
(4) Section 408(d) of such Act (as redesignated by paragraph (3) 
of this subsection) is amended by striking out "For the purposes of 
Gjntracts, 
qualifications and 
terms, public 
availability. 
92 STAT. 2354 
PUBLIC LAW 95-561—NOV. 1, 1978 
this section" and inserting in lieu thereof "For the purposes of this 
title". 
;• 
AVAII-^BILITY Or APPROPRIATIONS 
SEC. 1245. (a) Section 412(b) of the General Education Provisions 
20 use 1225. 
Act is amended by striking out "ending prior to October 1, 1979.". 
(b) Section 412(b) of such Act is further amended by inserting 
"(1)" immediately after the subsection designation thereof and by 
inserting at the end of subsection (b) the following new paragraph: 
"(2) Any funds under any applicable program which, pursuant 
to paragraph (1), are available for obligation and expenditure in the 
year succeeding the fiscal year for which they were appropriated shall 
l)e obligated and expended in accordance with— 
i 
"(A) the Federal statutory and regulatory provisions relating 
to such program which are in effect for such succeeding fiscal 
year, and 
"(B) any program plan or application submitted by such educa-
tional agencies or institutions for such program for such succeed-
ing fiscal year.". 
EVALUATION 
20 use 1226c. 
SEC. 1246. (a) Section 417(a) (1) of the General Education Provi-
sions Act is amended by adding, after "effectiveness of applicable 
programs", the following: "(including compliance with provisions of 
law requiring the maintenance of non-Federal expenditures for the 
[)urposes of such applicable programs)". 
(b) Section 417(a)(1) is further amended by striking out "Com-
mittee on Labor and Public Welfare" and inserting in lieu thereof 
"Committee on Human Resources". 
20 use 1226d. 
(c) Section 418(b) (1) (A) of such Act is amended by adding, after 
"expenditures", the following: "(including, where applicable, State 
and local expenditures)". 
REVIEW o r APPLICATIONS 
20 use 1231b-2. 
SEC 1247. Section 425(a) of General Education Provisions Act is 
amended by striking out "or (3)" and inserting in lieu thereof the 
following: "(3) ordering, in accordance with a final State audit res-
olution determination, the repayment of misspent or misapplied 
Federal funds, or (4)". 
Contracts and 
grants, awards. 
20 u s e 1231c. 
TECHNICAL ASSISTANCE; DISSEMINATION 
SEC. 1248. Section 426 of the General Education Provisions Act is 
amended by redesignating subsection (c) of such section as subsection 
(d) and by inserting after subsection (b) the following new subsection: 
"(c) In awarding contracts and gi-ants for the development of cur-
ricula or instructional materials, the Commissioner and the Director 
of the National Institute of Education shall— 
"(1) encourage applicants to assure that such curricula or 
instructional materials will be developed in a manner conducive to 
dissemination through continuing consultations with publishers, 
personnel of State and local educational agencies, teachers, ad-
ministrators, community representatives, and other individuals 
experienced in such dissemination; 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2355 
"(2) permit applicants to include provision for reasonable con-
sultation fees or planning costs; and 
" (3) insure that grants to public agencies and nonprofit private 
organizations and contracts with public agencies and private 
organizations for publication and dissemination of curricula or 
instructional materials, or both, are awarded competitively to 
such agencies and organizations which provide assurances that the 
curricula and instructional materials will reach the target popu-
lations for which they were developed.". 
MAINTENANCE OF EFFORT 
SEC. 1249. Section 431A of the General Education Provisions Act is 
amended to read as follows: 
"MAINTENANCE OF EFFORT DETERMINATION 
"SEC. 431A. (a) In prescribing regulations for carrying out the 
requirements of section 403 (a) (10) for fiscal year 1979 and section 404 
(a) (7) for subsequent fiscal years of the Elementary and Secondary 
Education Act of 1965 and section 307(b) of the Adult Education Act, 
the Commissioner shall determine the amount so expended on the basis 
of per pupil or aggregate expenditures. 
"(b) The Commissioner may waive, for one fiscal year only, the 
requirements of this section if he determines that such a waiver would 
be equitable due to exceptional and unforeseen circumstances such as a 
natural disaster or a precipitous and unforeseen decline in the finan-
cial resources of the local educational agency. In any case in which a 
waiver under this subsection is granted, the Commissioner shall reduce 
the amount of the Federal payment for the program affected for the 
current fiscal year in the exact proportion to which the amount 
expended (either on an average per pupil or aggregate basis) was less 
than the amount required by section 403(a) (10) for fiscal year 1979, 
and section 404(a) (7) for subsequent fiscal years of the Elementary 
and Secondary Education Act of 1965 or section 307(b) of the Adult 
Education Act. No level of funding permitted under such a waiver 
may be used as the basis for computing the fiscal effort required, under 
such sections, for years subsequent to the year covered by such waiver; 
such fiscal effort shall be computed on the basis of the level of funding 
which would, but for such waiver, have been required. 
"(c) The Commissioner shall establish objective criteria of general 
applicability to carry out the waiver authority contained in this section. 
"(d) This section shall be effective with respect to each requirement 
to which it applies, during the period which begins on the date of the 
enactment of the Education Amendments of 1978, and ends on the 
date of termination of the program to which the requirement applies. 
For purposes of the preceding sentence, a program shall be considered 
to terminate on September 30 of the fiscal year, if any, during which 
such program is automatically extended pursuant to section 414 of the 
General Education Provisions Act.". 
20 use 1232-1. 
20 use 1803, 
3084. 
20 use 821 note, 
1206. 
Waiver. 
20 use 1232-1. 
eriteria. 
20 use 1226a. 
PROTECTION or PUPIL RIGHTS 
SEC. 1250. Section 439 of the General Education Provisions Act 20 USe 1232h. 
(relating to protection of pupil rights) is amended by inserting " (a)" 
92 STAT. 2356 
PUBLIC LAW 95-561—NOV. 1, 1978 
after "439" and by adding at the end thereof a new subsection as 
follows: 
"(b) No student shall be required, as part of any applicable pro-
gram, to submit to psychiatric examination, testing, or treatment, or 
psychological examination, testing, or treatment, in which the pri-
mary purpose is to reveal information concerning: 
" (1) political affiliations; 
"(2) mental and psychological problems potentially embarrass-
ing to the student or his family; 
"(3) sex behavior and attitudes; 
"(4) illegal, anti-social, self-incriminating and demeaning 
behavior; 
"(5) critical appraisals of other individuals with whom 
respondents have close family relationships; 
"(6) legally recognized privileged and analogous relationships, 
such as those of lawyers, physicians, and ministers; or 
"(7) income (other than that required by law to determine 
eligibility for participation in a program or for receiving financial 
assistance under such program), without the prior consent of the 
student (if the student is an adult or emancipated minor), or in 
the case of unemancipated minor, without the prior written con-
sent of the parent.". 
PART E—EFFECTIVE DATES 
EFFECTIVE DATES 
20 use 1232c 
SEC. 1261. The amendments made by section 1231 shall take effect 
°o*®- 
with respect to appropriations for fiscal year 1980 and subsequent 
fiscal years. The amendments made by section 1232 shall take effect 
120 days after the enactment of this Act. 
TITLE XIII—REVISION OF OTHER EDUCATION 
PROGRAMS 
PART A—ADULT EDUCATION 
STATEMENT OF PURPOSE 
SEC. 1301. Section 302 of the Adult Education Act (hereafter in this 
part referred to as the "Act") is amended to read as follows: 
a 
STATEMENT OF PURPOSE 
20 use 1201. 
"SEC. 302. It is the purpose of this title to expand educational oppor-
tunities for adults and to encourage the establishment of programs of 
adult education that will— 
"(1) enable all adults to acquire basic skills necessary to func-
tion in society, 
"(2) enable adults who so desire to continue their education to 
at least the level of completion of secondary school, and 
*'(3) to make available to adults the means to secure training 
that will enable them to become more employable, productive, and 
responsible citizens.". 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2357 
DEFINITION OF ADULT EDUCATION 
SEC. 1302. Section 303(b) of the Act is amended by inserting "lack 20 USC 1202. 
sufficient mastery of basic educational skills to enable them to function 
effectively in society or who" immediately after "(1)". 
GRANTS TO STATES 
SEC. 1303. (a) Section 304 of the Act is amended by striking out 
"private nonprofit agencies" each place it appears and inserting in lieu 
thereof "by public or private nonprofit agencies, organizations, and 
institutions" and by adding at the end thereof the following: "Grants 
provided under this section to States to carry out the programs 
described in the preceding sentence may be carried out by public or 
private nonprofit agencies, organizations, and institutions only if the 
applicable local educational agency has been consulted with and has 
had an opportunity to comment on the application of such agency, 
organization, or institution. The State educational agency shall not 
approve any application unless assured that such consultation has 
taken place. Such application shall contain a description of the cooper-
ative arrangements that have been made to deliver services to adult 
students.". 
(b) Section 304 of such Act is further amended by redesignating 
subsection (b) as subsection (a) and by adding at the end thereof the 
following new subsection: 
" (b) Not more than 20 per centum of the funds granted to any State 
under subsection (a) for any fiscal year shall be used for the education 
of institutionalized individuals.". 
Consultation and 
comments. 
20 USC 1203. 
NORTHERN MARIANA ISLANDS 
SEC. 1304. (a) Section 303(g) is amended by inserting "the North-
ern Mariana Islands," immediately after "the Pacific Islands,". 
(b) Section 305(a) of the Act is amended by inserting "the North-
ern Mariana Islands," immediately after "the Pacific Islands,". 
20 USC 1204. 
STATE PLANS 
SEC. 1305. Section 306 of the Act is amended to read as follows; 
(( 
STATE PLANS 
"SEC. 306. (a) A State shall be eligible to receive its allotment under 
section 305 if— 
"(1) it has on file with the Commissioner a general State appli-
cation under section 434 of the General Education Provisions 
Act, and 
"(2) it has submitted to the Commissioner at such times (not 
more frequently than one every three years), and in such detail, 
as the Commissioner shall prescribe a State plan meeting the 
requirements of subsection (h). 
" (b) A State plan under this title shall— 
"(1) set forth a program for the use of funds provided under 
this title to carry out the purposes stated in section 302 with 
respect to all segments of the adult population in the State, includ-
ing residents of rural areas, residents of urban areas with high 
Allotment 
eligibility. 
20 USC 1205. 
Ante, p. 2342. 
Funds program. 
Ante, p. 2356. 
92 STAT. 2358 
PUBLIC LAW 95-561—NOV. 1, 1978 
rates of unemployment, adults with limited English language 
.. 
skills, and institutionalized adults; 
"(2) provide for the administration of the program by the 
State educational agency; 
"(3) describe the procedures the State will use to ensure that 
in carrying out such program there will be adequate consultation, 
cooperation, and coordination among the State educational 
agency, State manpower service councils. State occupational infor-
mation systems, and other agencies, organizations, and institutions 
in the State which operate employment and training programs or 
other educational or training programs for adults; and for coor-
dination of programs carried on under this title with other pro-
grams, including reading improvement programs, designed to 
provide reading instruction for adults carried on by State and 
local agencies; 
"(4) identify (A) the needs of the population of the State for 
services authorized under this title, (B) the other resources in 
the State available to meet those needs, and (C) the goals the 
State will seek to achieve in meeting those needs over the period 
covered by the plan; 
" (5) provide that such agency will make available not to exceed 
20 per centum of the State's allotment for programs of equiva-
lency for a certificate of graduation from a secondary school; 
"(6) provide such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of and 
accounting for Federal funds paM the State under this title 
(including such funds paid by the State to local educational agen-
cies and public or private nonprofit agencies, organizations, and 
institutions); 
"(7) describe the means by which the delivery of adult educa-
tion services will be significantly expanded through the use of 
agencies, institutions, and organizations other than the public 
,' 
. ; 
school systems, such as business, labor unions, libraries, institu-
tions of higher education, public health authorities, antipoverty 
programs, and community organizations; 
"(8) describe the means by which representatives of business 
and industry, labor unions, public and private educational agen-
cies and institutions, churches, fraternal and voluntary organiza-
tions, community organizations. State and local manpower and 
training agencies, and representatives of special adult popula-
tions, including residents of rural areas, residents of urban areas 
with high rates of unemployment, adults with limited English 
language skills, and institutionalized adults, and other entities in 
the State concerned with adult education have been involved 
in the development of the plan and will continue to be involved 
in carrying out the plan, especially with regard to the expansion 
of the delivery of adult education services through those agencies, 
institutions, and organizations; 
"(9) describe the efforts to be undertaken by the State to assist 
adult participation in adult education programs through flexible 
course schedules, convenient locations, adequate transportation, 
and meeting child care needs; 
"(10) provide that special emphasis be given to adult basic 
education programs except where such needs are shown to have 
been met in the State; 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2359 
Ante, p. 2268. 
20 use 2301 
note. 
"(11) provide that special assistance be given to the needs of 
persons with limited English proficiency (as defined in section 703 
(a) of title VII of the Elementary and Secondary Education Act 
of 1965) by providing a bilingual adult education program of Ante, p. 2269 
instruction in English and, to the extent necessary to allow such 
persons to progress effectively through the adult education pro-
f
ram, in the native language of such persons, carried out in coor-
ination with programs of bilingual education assisted under title 
VII and bilin^al vocational education programs under the Voca-
tional Education Act of 1963; 
"(12) demonstrate that the special educational needs of adult 
immigrants in the State have been examined, and provide for the 
implementation of adult education and adult basic education pro-
grams for immigrants to meet existing needs; 
"(13) set forth the criteria by which the State will evaluate the 
quality of proposals from local agencies, organizations, and insti-
tutions; and 
"(14) provide such further information and assurances as the 
Commissioner may by regulation require, including information 
regarding the extent to which the goals of the program have been 
achieved during the preceding three years. 
" (c) The Commissioner shall not finally disapprove any State plan 
submitted under this title, or any modification thereof, without first 
affording the State educational agency reasonable notice and oppor-
tunity for a hearing.". 
Notice and 
hearing. 
PAYMENTS 
SEC. 1306. Section 307 of the Act is amended to read as follows; 
ii PAYMENTS 
"SEC. 307. (a) The Federal share of expenditures to carry out a 
State plan shall be paid from a State's allotment available for grants 
to that State. The Federal share shall be 90 per centum of the cost of 
carrying out the State's programs, except that with respect to Guam, 
American Samoa, the Virgin Islands, the Northern Mariana Islands, 
and the Trust Territory of the Pacific Islands, the Federal share shall 
be 100 per centum. 
"(b) No payment shall be made to any State from its allotment for 
any fiscal year unless the Commissioner finds that the fiscal effort per 
student or the amount available for expenditure by such State for 
adult education from non-Federal sources for the preceding fiscal year 
was not less than such fiscal effort per student or such amount avail-
able for expenditure for such purposes from such sources during the 
second preceding fiscal year, but no State shall be required to use its 
funds to supplant any portion of the Federal share.". 
Federal share. 
20 use 1206. 
RESEARCH, EVALUATION, AND CLEARINGHOUSE 
SEC. 1307. (a) The Act is amended— 
(1) by redesignating section 309, relating to use of funds for 
special experimental demonstration projects and teacher train-
ing, as section 310, 
(2) by striking out section 309A, relating to the clearinghouse 
on an adult education, and 
20 use 1208. 
20 use 1208-1. 
92 STAT. 2360 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 u s e 1208a, 
1208b, 1209, 
1210, 1211, 
1211a, 1211b. 
Programs, grants 
and contracts. 
20 u s e 1207a. 
Ante, p. 2359. 
20 
use 
1203. 
20 
use 
1221e. 
Appropriation 
authorization. 
(3) by redesignating section 310, relating to special projects for 
the elderly, section 310A, relating to State Advisory Councils, 
section 311, relating to the National Advisory Council on Adult 
Education, section 312, relating to limitations, section 313, relat-
ing to authorizations, section 314, relating to Indian programs, 
section 315, relating to Indochinese refugees, as sections 311, 31^, 
313,314,315,316, and 317, respectively, 
(b) The Act is further amended by inserting after section 308 the 
following new section: 
"RESEARCH, DEVELOPMENT, DISSEMINATION, EVALUATION, AND 
INFORMATION CLEARINGHOUSE 
"SEC. 309. (a) (1) Subject to appropriations under this section, the 
Commissioner shall directly, and through grants and contracts with 
public and private nonprofit agencies, institutions, and organizations, 
carry out a program— 
" (A) to develop new and promising approaches and innovative 
methods which are designed to address those problems and which 
may have national significance or be of special value in promoting 
effective programs under this Act, including one-year grants to 
States to plan for the expansion of their systems for the delivery 
of adult education services; 
"(B) to determine, using appropriate objective evaluation 
criteria, which projects and approaches assisted under clause (A) 
and under section 310 of this Act have achieved their stated goals 
and are capable of achieving comparable levels of effectiveness at 
additional locations; and 
"(C) to disseminate throughout the Nation information about 
those approaches or methods pertaining to adult basic education 
which are most effective, by establishing and operating a clearing-
house on adult education which shall collect, select, and dissemi-
nate to the public information pertaining to the education of 
adults, those approaches and methods of educating adults which 
are most efl'ective, and ways of coordinating adult education 
programs with manpower and other education programs. 
" (2) The Commissioner shall directly, and through grants and con-
tracts with public and private agencies, institutions and organizations, 
evaluate the effectiveness of programs conducted under section 304 of 
this Act. 
" (b) In addition to the responsibilities of the Director under section 
405 of the General Education Provisions Act and subject to appropria-
tions under this section, the Director of the National Institute of Edu-
cation, in consultation with the Commissioner, shall directly, and 
through grants and contracts with public and private agencies, institu-
tions, and organizations, carry out a program to conduct research on 
the special needs of individuals requiring adult education. 
"(c) There are authorized to be appropriated for the purposes of 
this section $1,500,000 for the fiscal year ending September 30, 1980, 
$2,000,000 for the fiscal year ending September 30,1981, and $3,000,000 
for each succeeding fiscal year prior to October 1,1983.". 
SPECIAL PROJECTS FOR T H E ELDERLY 
20 use 1208a. 
SEC. 1308. Section 311 of the Act (as redesignated by section 1307) 
is amended by striking out "October 1,1978 and for the period begin-
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2361 
ning July 1,1976 and ending September 30,1976" and inserting in lieu 
thereof "October 1,1983". 
NATIONAL ADVISORY 
COUNCIL 
SEC. 1309. Section 313(b) of the Act (as redesignated by section 
1307) is amended by striking out "October 1, 1978" and inserting in 20 USC 1209. 
lieu thereof "October 1,1984". 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 1310. Section 315 of the Act (as redesignated by section 1307) 
is amended to read as follows: 
a 
APPROPRIATIONS AUTHORIZED 
"SEC. 315. (a) Except as otherwise provided, there are authorized 20 USC 1211. 
to be appropriated $210,000,000 for fiscal year 1979; $230,000,000 for 
fiscal year 1980; $250,000,000 for fiscal year 1981; $270,000,000 for 
fiscal year 1982; and $290,000,000 for fiscal year 1983 to carry out the 
provisions of this title. 
"(b) There are further authorized to be appropriated for each such 
fiscal year such sums, not to exceed 5 per centum of the amount appro-
priated pursuant to subsection (a) for that year, as may be necessary 
to pay the cost of the administration and development of State plans, 
and other activities required pursuant to this title. The amount pro-
vided to a State under this subsection shall not be less than $50,000 
for any fiscal year, except that such amount shall not be less than 
$25,000 in the case of Guam, American Samoa, the Virgin Islands, 
the Northern Mariana Islands, and the Trust Territory of the Pacific 
Islands.". 
EDUCATIONAL OPPORTUNITIES FOR ADULT INDIANS 
SEC. 1311. (a)(1) Section 314(a)(4) of the Act (as redesig^nated 
by section 307) is amended by striking out "on Indian reservations" 20 USC 1211a. 
and inserting in lieu thereof "among Indians". 
(2) Section 314 of the Act (as redesignated by section 1307) is 
amended by redesignating subsections (b), (c),and (d) as subsections 
(c), (d), and (e) respectively, and by inserting immediately after 
subsection (a) the following new subsection: 
"(b) The Commissioner is also authorized to make grants to Indian Grants, 
tribes, Indian institutionSj and Indian organizations to develop and 
establish educational services and programs specifically designed to 
improve educational opportunities for Indian adults.". 
(b) Section 316(e) of the Act (as redesignated by section 1307) is 
amended by redesignating subsections (b), (c),and (d) as subsections 
"October 1,1983". 
INDOCHINA 
REFUGEES 
SEC. 1312. Section 317(a) of the Act (as redesignated by section 
1307) is amended by striking out "1977" and inserting in lieu thereof 20 USC 1211b. 
"1983". 
ADULT EDUCATION PROGRAM FOR IMMIGRANTS 
SEC. 1313. The Act is further amended by adding at the end thereof 
the following: 
92 STAT. 2362 
PUBLIC LAW 95-561—NOV. 1, 1978 
Grants and 
contracts. 
20 u s e 1211c. 
Ante, p. 1909. 
20 u s e 2301 
note. 
Application 
submittal, review, 
and 
recommendations. 
Ante, p. 2359. 
20 u s e 1204. 
Ante, p. 2359. 
Appropriation 
authorization. 
"ADULT EDUCATION PROGRAM TOR ADULT IMMIGRANTS 
"SEC. 318. (a) The Commissioner is authorized to enter into grants 
and contracts with State and local education agencies and other 
public or private nonprofit agencies, organizations, or institutions to 
provide programs of adult education and adult basic education to 
immigrant adults in need of such services. Such grants and contracts 
may be used for— 
"(1) programs of instruction of adult immigrants in basic 
reading, mathematics, development, and enhancement of neces-
sary skills, and promotion of literacy among adult immigrants 
for the purpose of enabling them to become productive members 
of American society; 
"(2) administrative costs of planning and operating such pro-
grams of instruction; 
" (3) educational support services which meet the need of adult 
immigrants including but not limited to guidance and counseling 
with regard to educational, career, and employment opportuni-
ties ; and 
"(4) special projects designed to operate in conjunction with 
existing Federal and non-Federal programs and activities to 
develop occupational and related skills for individuals, particu-
larly programs authorized under the Comprehensive Employ-
ment and Training Act of 1973 or under the Vocational 
Education Act of 1963. 
"(b) (1) Any applicant for a grant or contract under this section 
shall first submit its application to the State educational agency. The 
State educational agency shall expeditiously review and make recom-
mendations to the Commissioner regarding the quality of each such 
application, consistent with the purposes of section 306(b) (12) and 
(13) of this title. A copy of the recommendations made by the State 
educational agency shall be simultaneously submitted to the applicant. 
"(2) Any applicant which has submitted an application in accord-
ance with paragraph (1) of this subsection, which is dissatisfied with 
the action of the appropriate State educational agency may petition 
the Commissioner to request further consideration by the Commis-
sioner of such application. 
"(c) Applications for a grant or contract under this section shall 
be submitted at such time, in such manner, and contain such informa-
tion as the Commissioner may reasonably require. 
"(d) Notwithstanding the provisions of sections 305 and 307(a), 
the Commissioner shall pay all the costs of applications approved 
by him under this section. 
"(e) Not less than 50 per centum of the funds appropriated under 
this section shall be used by the Commissioner to enter into contracts 
with private nonprofit agencies, organizations, and institutions. 
"(f) For the purposes of making grants and entering into contracts 
under this section, there is hereby authorized to be appropriated such 
sums as may be necessary for fiscal year 1979 and each of the four 
succeeding fiscal years.". 
PART B—HIGHER EDUCATION 
Appropriation 
authorization. 
20 use 1119. 
TEACHER TRAINING PROGRAMS 
SEC. 1321. (a) (1) Section 531 of the Higher Education Act of 1965 
is amended by striking out "and for each of the fiscal years ending 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2363 
20 use 1119a. 
prior to October 1,1979," and inserting in lieu thereof the following: 
«and the fiscal year 1978, and $100,000,000 for the fiscal year 1979,". 
(2) Section 531 of such Act is further amended by inserting at the 20 USC 1119. 
end thereof the following new sentence: "In the event that sums exceed-
ing $50,000,000 are appropriated in any fiscal year for purposes of 
carrying out this part, each State shall receive grants sufficient to 
assure the establishment of one such teacher center in that State in such 
fiscal year." 
(b) (1) Section 532(c) (1) of such Act is amended by inserting after 
''local educational agencies" the following: "or any consortium of 
local educational agencies (including statewide programs)". 
(2) Section 532(c) (2) of such Act is amended by adding at the end 
thereof the following new sentence: "The Commissioner shall, upon 
receipt of such petition, request further consideration by the State 
educational agency.". 
(3) Section 532(c) of such Act is amended by adding at the end 
thereof the following new paragraph: 
"(3) If, subsequent to the expiration of thirty days after the Com-
missioner's petitioning the State educational agency, such agency has 
not transmitted such application, then such application shall be trans-
mitted to the Commissioner along with the comments and evaluation 
of the State educational agency.". 
Application, 
transmittal. 
AMENDMENT FOR ADVANCES FOR RESERVED FUNDS OF STATE LOAN 
INSURANCE PROGRAMS 
SEO. 1322. (a) Section 422(c) (5) of the Higher Education Act of 
1965 is amended by striking out "the effective date of this subsection" 20 USC 1072 
each place it appears in subparagraphs (A) and (B) and inserting in 
lieu thereof "the date of enactment of this subsection". 
(b) The amendments made by subsection (a) of this section shall 
take effect on October 1,1977. 
Effective date. 
20 USC 1072 
note. 
DIRECT LOANS TO STUDENTS J CONFORMING AMENDMENT 
SEC. 1323. (a) Section 465(a) (2) (A) is amended by striking out 20 USC 1087ee. 
"described in clause (A), (B), or (C) of section 103(a) (2) of title I 
of the Elementary and Secondary Education Act of 1965 (using a low-
income factor of $3,000)" and inserting in lieu thereof "counted under 
section 111(c) of the Elementary and Secondary Education Act of 
1965". 
Ante, p. 2153. 
PART C—INDOCHINESE EEFUGEE CHILDREN 
EXTENnON O F PROGRAM 
SEC. 1331. (a) Section 201(a) of the Indochina Refugee Children 
Assistance Act of 1976 is amended by inserting after "1977" a comma 20 USC 1211b 
and the following: ", and for the period beginning October 1, 1978, note, 
and ending September 30,1981". 
(b) Section 201(a) (3) of such Act is amended by inserting before 
the period at the end thereof a comma and the following: "and who are 
paroled into the United States by the Attorney General pursuant to 
section 212(d) (5) of the Immigration and Naturalization Act on or 8 USC 1182. 
after January 1,1977". 
92 STAT. 2364 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 use 1211b 
note. 
20 use 1211b 
note. 
20 use 1211b 
note. 
Applications. 
20 use 1211b 
note. 
20 use 1211b 
note. 
20 use 1211b 
note. 
(c)(1) Section 202(a) of such Act is amended by inserting after 
"1977" a comma and the following: "and for the period October 1, 
1978, through September 30, 1981". 
(2) (A) Section 202(b) (1) of such Act is amended by striking out 
"is entitled" and inserting "is eligible to receive" and by inserting after 
"1977" a comma and the following: "and for fiscal year 1979 and for 
each succeeding fiscal year ending prior to October 1, 1981". 
(B) Section 202(b) (1) of such Act is further amended by striking 
out clauses (B) and (C) of such section and inserting in lieu thereof 
"(B) an amount not to exceed $450.". 
(d) Section 203 of such Act is amended by striking out everything 
after "may be used" and inserting in lieu thereof "only in accordance 
with the provisions of section 103". 
(e) Section 204(a) of such Act is amended by inserting after "1977" 
a comma and the following: "and for the period October 1, 1978, 
through September 30,1981". 
(f) Section 205 (a) (3) of such Act is amended to read as follows: 
" (3) provide such data and assurances as the Commissioner may 
prescribe— 
"(A) to demonstrate that the costs of the additional serv-
ices for which the payment will be made are the direct result 
of the presence of Indochinese refugee children and that those 
additional instructional services will actually be provided to 
those children for the duration of the period for which assist-
ance is made available under this title; and 
"(B) to demonstrate that such payments are distributed 
between the State educational agency and the local educa-
tional agencies within the State in proportion to the contribu-
tion to such costs by each such agency;". 
(g) Section 206(b) of such Act is amended by striking out "1 per 
centum" and inserting in lieu thereof "5 per centum". 
(h) Section 208 of such Act is amended by inserting after "1977" 
a comma and the following: "and for fiscal year 1979 and for each 
succeeding fiscal year ending prior to October 1,1982". 
(i) The heading of title II of such Act is amended to read as follows: 
"TITLE II—PROGKAM FOR SUBSEQUENT FISCAL 
YEARS". 
PART D—EDUCATION OF THE HANDICAPPED 
20 use 1411. 
20 use 1411 
note. 
TECHNICAL AMENDMENT 
SEC. 1341. (a) Section 611(a) (3) of the Education of the Handi-
capped Act is amended by striking out "the average of the", and by 
striking out "October 1 and February 1" and insertmg in lieu thereof 
"December 1". 
(b) The amendments made by subsection (a) of this section shall 
take ejffect with respect to determinations made in fiscal year 1979 and 
thereafter. 
PART E—GUIDANCE AND COUNSELING 
EXTENSION OF PROGRAM 
20 use 2532. 
SEC. 1351. Section 342 (a^ of the Education Amendments of 1976 
is amended by striking out "fiscal year 1978 and 1979" and inserting in 
lieu thereof "fiscal years 1978 through 1983". 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2365 
TITLE XIV—OVERSEAS DEFENSE DEPENDENTS' 
EDUCATION 
Defense 
Dependents' 
Education Act of 
1978. 
SHORT TITLE 
SEC. 1401. This title may be cited as the "Defense Dependents' Edu- 20 USC 921 note, 
cation Act of 1978". 
ESTABLISHMENT OF DEFENSE DEPENDENTS' EDUCATION SYSTEM 
SEC. 1402. (a) The Secretary of Defense shall establish and operate 20 USC 921. 
a program (hereinafter in this title referred to as the "defense depend-
ents' education system") to provide a free public education through 
secondary school for dependents in overseas areas. 
(b) (1) The Secretary shall ensure that individuals eligible to recieve 
a free public education under subsection (a) receive an education of 
high quality. 
(2) In establishing the defense dependents' education system under 
subsection (a), the Secretary shall provide programs designed to meet 
the special needs of— 
(A) the handicapped, 
B) individuals in need of compensatory education, 
C) individuals with an interest in vocational education, 
[D) gifted and talented individuals, and 
(E) individuals of limited English-speaking ability. 
(3) The Secretary shall provide a developmental preschool program 
to individuals eligible to receive a free public education under subsec-
tion (a) who are of preschool age if a preschool program is not other-
wise available for such individuals and if funds for such a program are 
available. 
OFFICE OF DEPENDENTS' EDUCATION 
SEC. 1403. (a) (1) There is established within the Department of 
Defense an office to be known as the Office of Dependents' Education. 
(2) The Office of Dependents' Education shall be headed by a Direc-
tor of Dependents' Education (hereinafter in this title referred to as 
the "Director"), who shall be a civilian and who shall be selected by the 
Secretary of Defense and shall report to the Assistant Secretary of 
Defense for Manpower, Reserve Affairs, and Logistics. 
(b) Except with respect to the authority to prescribe regulations, 
the Secretary of Defense may carry out his functions under this Act 
through the Director. 
(c) The Director shall— 
(1) establish personnel policies, consistent with the Defense 
Department Overseas Teachers Pay and Personnel Practices Act, 
for employees in the defense dependents' education system, 
(2) have authority to transfer professional employees in the 
defense dependents' education system from one position to another. 
(3) prepare a unified budget for each fiscal year, which shall 
include necessary funds for construction and operation and main-
tenance of facilities, for the defense dependents' education system 
for inclusion in the Department of Defense budget for that year, 
(4) have authority to establish, in accordance with section 1410, 
local school advisory committees, 
Establishment. 
20 USC 922. 
Director. 
Duties. 
92 STAT. 2366 
PUBLIC LAW 95-561—NOV. 1, 1978 
Offices. 
Reports to 
Congress. 
(5) have autliority to arrange for inservice and other training 
programs for employees in the defense dependents' education sys-
tem, and 
(6) perform such other functions as may be required or dele-
gated by the Secretary of Defense or the Assistant Secretary of 
Defense for Manpower, Reserve Affairs, and Logistics. 
(d) (1) The Director shall establish appropriate regional or area 
offices for the Office of Dependents' Education in order to provide for 
tliorough and efficient administration of the defense dependents' educa-
tion system. 
(2) Not later than six months after the date of the enactment of 
th's Act, the Secretary of Defense shall submit to the Congress a report 
(A) describing the organization of the Office of Dependents' Educa-
tion in accordance with paragraph (1), (B) describing the assignment 
of personnel to the central office of the Office of Dependents' Education 
and to such regional or area offices as are established pursuant to para-
graph (1), and (C) detailing the personnel requirements of the defense 
dependents' education system. Whenever the Office of Dependents' 
Education is reorganized after the submission of the report required 
under the preceding sentence, the Secretary of Defense shall submit an 
additional report to the Congress describing the reorganization. 
(3) Subject to the approval of the Secretary of Defense, the Office 
of Dependents' Education is authorized an appropriate number of 
civilian employees in its central office and such regional or area office 
as are established pursuant to paragraph (1). 
Enrollment 
authorization. 
20 use 923. 
Payment, rate. 
Regulations. 
20 use 924. 
TUITION-PAYING STUDENTS 
SEC. 1404. (a) Subject to subsection (b) and in accordance with 
regulations issued under subsection (c), the Director may authorize 
the enrollment in a school of the defense dependents' education system 
of a child not otherwise eligible to enroll in such a school if and to the 
extent that there is space available for such child in the school. 
(b)(1) Except as otherwise provided under subsection (c), any 
child permitted to enroll in a school of the defense dependents' educa-
tion system under this section shall be required to pay tuition at a rate 
determined by the Secretary of Defense, which shall not be less than 
the rate necessary to defray the average cost of the enrollment of chil-
dren in the system under this section. 
(2) Amounts received under paragraph (1) shall be available to the 
defense dependents' education system to assist in defraying the cost 
of enrollment of children in the system under this section. 
(c) The Secretary of Defense may by regulation identify classes of 
children who shall be eligible to enroll in schools of the defense depend-
ents' education system under this section if and to the extent that there 
is space available, establish priorities among such classes, waive the 
tuition requirement of subsection (b) (1) with respect to any such 
class, and issue such other regulations as may be necessary to carry out 
this section. 
ANNUAL EDUCATIONAL ASSESSMENT 
SEC. 1405. (a) The Director shall assess each year the performance 
of the defense dependents' education system in providing an education 
of high quality to children enrolled in the system. Such assessment 
may include the use of educational assessment measures and such other 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2367 
means as the Director determines to be suitable for assessing student 
performance. 
(b) The results of each annual assessment under subsection (a) with 
respect to an individual enrolled in the defense dependents' education 
system shall be made available to the sponsor of such individual, and 
summary results of each such annual assessment shall be made avail-
able to Members of Congress and to professional employees in the 
system. 
Results, 
availability. 
SCHOOL CONSTRUCTION BY THE DIRECTOR OF DEPENDENTS EDUCATION 
SEC. 1406. The President shall include in his budget for each fiscal 
year a separate request for funds for construction of school facilities 
by the Director. 
SCHOOL SYSTEM FOR DEPENDENTS IN OVERSEAS AREAS 
SEC. 1407. (a) The Secretary of Defense shall establish and operate 
a school system for dependents in overseas areas as part of the defense 
dependents' education system. 
(b) Under such circumstances as he may by regulation prescribe, 
the Secretary of Defense may provide tuition to allow dependents in 
an overseas area where a school operated by the Secretary is not rea-
sonably available to attend schools other than schools established under 
subsection (a) on a tuition-free basis. Any school to which tuition is 
paid under this subsection to allow a dependent in an overseas area to 
attend such school shall provide an educational program satisfactory 
to the Secretary. 
(c) (1) (A) Chapter 7 of title 37, United States Code, relating to 
allowances authorized for members of the uniformed services, is 
amended by adding after section 428 the following new section: 
^§429. Travel and transportation allowances: minor dependent 
schooling 
"Under regulations to be prescribed by the Secretary of Defense, a 
member of a uniformed service whose permanent station is outside the 
United States may be allowed transportation in kind for any minor 
dependent (or reimbursement therefor), or a monetary allowance in 
place of such transportation in kind, to a school operated by the 
Department of Defense under the Defense Dependents' Education Act 
of 1978 for dependents in an overseas area which is operated, and which 
such dependent attends, on a 5-day-a-week dormitory basis or on a 
7-day-a-week dormitory basis. In the case of a dependent attending 
a school on a 5-day-a-week dormitory basis, the transportation in kind 
or allowance authorized by this section shall be for weekly trips to and 
from such school, and in the case of a dependent attending a school on 
a 7-day-a-week dormitory basis, such transportation in kind or allow-
ances shall be for not less than three trips to and from such school 
during the school year.". 
(B) The table of sections at the beginning of chapter 7 of title 37, 
United States Code, is amended by adding after the item relating to 
section 428 the following new item: 
"429. Travel and transportation allowances: minor dependent schooling.". 
20 use 925. 
Establishment 
and operation. 
20 use 926. 
Tuition 
provision, 
regulations. 
37 use 429. 
Regulations. 
92 STAT. 2368 
PUBLIC LAW 95-561—NOV. 1, 1978 
Federal payments 
and commodities, 
availability. 
42 use 1769b. 
Lunch programs, 
administration, 
eligibility, and 
regulations. 
Appropriation 
authorization. 
42 use 1773. 
ELIGIBILITY FOR SCHOOL LUNCH AND BREAKFAST PROGRAMS 
SEC. 1408. (a) The National School Lunch Act is amended by add-
ing at the end thereof the following new section: 
"DEPARTMENT or DEFENSE OVERSEAS DEPENDENTS' SCHOOLS 
"SEC. 22. (a) For the purpose of obtaining Federal payments and 
commodities in conjunction with the provision of lunches to students 
attending Department of Defense dependents' schools which are 
located outside the United States, its territories or possessions, the 
Secretary of Agriculture shall make available to the Department of 
Defense, from funds appropriated for such purpose, the same pay-
ments and commodities as are provided to States for schools partici-
pating in the National School Lunch Program in the United States. 
"(b) The Secretary of Defense shall administer lunch programs 
authorized by this section and shall determine eligibility for free and 
reduced-price lunches under the criteria published by the Secretary of 
Agriculture, except that the Secretary of Defense shall prescribe reg-
ulations governing computation of income eligibility standards for 
families of students participating in the National School Lunch Pro-
gram under this section. 
"(c) The Secretary of Defense shall be required to offer meals meet-
ing nutritional standards prescribed by the Secretary of Agriculture; 
however, the Secretary of Defense may authorize deviations from 
Department of Agriculture prescribed meal patterns and fluid milk 
requirements when local conditions preclude strict compliance or when 
such compliance is impracticable. 
"(d) Funds are hereby authorized to be appropriated for any fiscal 
year in such amounts as may be necessary for the administrative 
expenses of the Department of Defense under this section and for pay-
ment of the difference between the value of commodities and payments 
received from the Secretary of Agriculture and (1) the full cost of 
each lunch for each student eligible for a free lunch, and (2) the full 
cost of each lunch, less any amounts required by law or regulation to 
be paid by each student eligible for a reduced-price lunch. 
"(e) The Secretary of Agriculture shall provide the Secretary of 
Defense with the technical assistance in the administration of the 
school lunch programs authorized by this section.". 
(b) The Child Nutrition Act of 1966 is amended— 
(1) by inserting "and the Department of Defense'" after 
"States" in the first sentence of section 4(a); and 
(2) by adding at the end thereof the following new section: 
;( 
Federal payments 
and commodities, 
availability. 
42 use 1789. 
Breakfast 
programs, 
administration, 
eligibility, and 
regulations. 
DEPARTMENT OF DEFENSE OVERSEAS DEPENDENTS' SCHOOLS 
"SEC. 20. (a) For the purpose of obtaining Federal payments and 
commodities in conjunction with the provision of breakfasts to stu-
dents attending Department of Defense dependents' schools which are 
located outside the United States, its territories or possessions, the Sec-
retary of Agriculture shall make available to the Department of 
Defense, from funds appropriated for such purpose, the same payments 
and commodities as are provided to States for schools participating in 
the school breakfast program in the United States. 
" (b) The Secretary of Defense shall administer breakfast programs 
authorized by this section and shall determine eligibility for free and 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2369 
reduced-price breakfasts under the criteria published by the Secretary 
of Agriculture, except that the Secretary of Defense shall prescribe 
regulations governing computation of income eligibility standards for 
families of students participating in the school breakfast program 
under this section. 
"(c) The Secretary of Defense shall be required to offer meals meet-
ing nutritional standards prescribed by the Secretary of Agriculture; 
however, the Secretary of Defense may authorize deviations from 
Department of Agriculture prescribed meal patterns and fluid milk 
requirements when local conditions preclude strict compliance or when 
such compliance is highly impracticable. 
"(d) Funds are hereby authorized to be appropriated for any fiscal 
year in such amounts as may be necessary for the administrative 
expenses of tb^ Department of Defense under this section and for pay-
ment of the difference between the value of commodities and payments 
received from the Secretary of Agriculture and (1) the full cost of 
each breakfast for each student eligible for a free breakfast, and (2) 
the full cost of each breakfast, less any amounts required by law or 
regulation to be paid by each student eligible for a reduced-price 
breakfast. 
"(e) The Secretary of Agriculture shall provide the Secretary of 
Defense with technical assistance in the administration of the school 
breakfast programs authorized by this section.". 
Appropriation 
authorization. 
ALLOTMENT FORMULA 
SEC. 1409. (a) The Director shall by regulation establish a formula 
for determining the minimum allotment of funds necessary for the 
operation of each school in the defense dependents' education system. 
In 
establishing 
such formula, 
the Director 
shall take 
into 
consideration— 
(1) the number of students served by a school and the size of 
the school; 
(2) special cost factors for a school, including— 
(A) geographic isolation of the school, 
(B) a need for special staffing, transportation, or educa-
tional programs at the school, and 
(C) unusual food and housing costs, 
(3) the cost of providing academic services of a high quality as 
required by section 1402(b) (1); and 
(4) such other factors as the Director considers appropriate. 
(b) Any regulation under subsection (a) shall be issued, and shall 
become effective, in accordance with the procedures applicable to regu-
lations required to be issued by the Department of Health, Education, 
and Welfare in accordance with section 431 of the General Education 
Provisions Act. 
(c) The provisions of the Education for All Handicapped Children 
Act of 1975 shall apply with respect to all schools operated by the 
Department of Defense under this Act. 
Regulation. 
20 use 927. 
20 use 1232. 
20 use 1401 
note. 
SCHOOL ADVISORY COMMriTEES 
SEC. 1410. (a) (1) The Director shall provide for the establishment 
of an advisory committee for each school in the defense dependents' 
education system. An advisory committee for a school shall advise the 
principal or superintendent of the school with respect to the operation 
Establishments. 
20 use 928. 
92 STAT. 2370 
PUBLIC LAW 95-561—NOV. 1, 1978 
Membership. 
Qualifications, 
regulations. 
Compensation. 
Establishment 
and membership. 
20 use 929. 
Director. 
Term. 
of the school, may make recommendations with respect to curriculum 
and budget matters, and, except as provided under paragraph (2), 
shall advise the local military commander with respect to problems 
concerning dependents' education within the jurisdiction of the com-
mander. The membership of each such advisory committee shall 
include an equal number of representatives of sponsors of students 
enrolled in the school and of employees working at the school and, 
when appropriate, may include a student enrolled in the school. 
(2) In the case of any military installation or overseas area where 
there is more than one school in the defense dependents' education 
system, the Director shall provide for the establishment of an advisory 
committee for such military installation or overseas area to advise the 
local military commander with respect to problems concerning depend-
ents' education w^ithin the jurisdiction of the commander. 
(b) Members of a school advisory committee established under this 
section shall be elected by individuals of voting age residing in the 
area to be served by the advisory committee. The Secretary of Defense 
shall by regulation prescribe the qualifications for election to an advi-
sory committee and procedures for conducting elections of advisory 
committee members. 
(c) Members of school advisory committees established under this 
section shall serve without pay. 
ADVISORY COUNCIL ON DEPENDENTS' EDUCATION 
SEC. 1411. (a) There is established in the Department of Defense an 
Advisory Council on Dependents' Education (hereinafter in this sec-
tion referred to as the "Council"). The Council shall be composed of— 
(1) tlie Assistant Secretary of Defense for Manpower, Reserve 
Affairs, and Logistics (hereinafter in this section referred to as 
the "Assistant Secretary"), who shall be the chairman of the 
Council; 
(2) twelve individuals appointed by the Assistant Secretary, 
who shall be individuals versed by training or experience in the 
field of primary or secondary education and who shall include 
representatives of professional employee organizations, school 
administrators, sponsors of students enrolled in the defense 
dependents' education system, and one student enrolled in such 
system; and 
(3) a representative of each of— 
* 
(A) the Commissioner of Education, Department of 
; 
Health, Education, and Welfare, 
(B) the Director of the National Institute of Education, 
]' 
Department of Health, Education, and Welfare, 
(C) the Director of the Educational Directorate of the 
National Science Foundation, 
(D) the Chairman of the National Endowment for the 
Arts, 
(E) the Chairman of the National Endowment for the 
Humanities, and 
(F) the Secretaries of the military departments. 
The Director shall be the Executive Secretary of the Council. 
(b) The term of office of each member of the Council appointed 
under subsection (a) (2) shall be three years, except that— 
(1) of the members first appointed under such paragraph, four 
shall serve for a term of one year, four shall serve for a term of 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2371 
two years, and four shall serve for a term of three years, as deter-
mined by the Assistant Secretary at the time of their appoint-
ment, and 
(2) any member appointed to fill a vacancy occurring before the 
expiration of the term for which his predecessor was appointed 
shall be appointed for the remainder of such term. 
No member appointed under subsection (a) (2) shall serve more than 
two full terms on the Council. 
(c) The Council shall meet at least four times each year. The func- Functions, 
tions of the Council shall be to— 
(1) recommend to the Director general policies for operation 
of the defense dependents' education system with respect to cur-
riculum selection, administration, and operation of the system, 
(2) provide information to the Director from other Federal 
agencies concerned with primary and secondary education with 
respect to education pro-ams and j)ractices which such agencies 
have found to be effective and which should be considered for 
inclusion in the defense dependents' education system, 
(3) advise the Director on the design of the study and the selec-
tion of the contractor referred to in section 1412(a) (2) of this 
title, and 
(4) perform such other tasks as may be required by the Assistant 
Secretary. 
(d) Members of the Council who are not in the regular full-time Compensation, 
employ of the United States shall, while attending meetings or confer-
ences of the Council or otherwise engaged in the business of the Coun-
cil, be entitled to receive compensation at the daily equivalent of the 
rate specified at the time of such service for grade GS-18 in section 
5332 of title 5, United States Code, including traveltime, and while 
so serving on the business of the Council away from their homes or 
regular places of business, they may be allowed travel expenses, includ-
ing per diem in lieu of subsistence, as authorized by section 5703 of 
title 5, United States Code, for persons employed intermittently in the 
Government service. 
(e) The Council shall continue in existence until terminated by law. Termination. 
5 use 5332 
note. 
STUDY OF DEFENSE DEPENDENTS' EDUCATION SYSTEM 
SEC. 1412. (a) (1) As soon as practicable after the date of the enact-
ment of this Act, the Director shall provide for a comprehensive study 
of the entire defense dependents' education system, which shall include 
a detailed analysis of the education programs and the facilities of the 
system. 
(2) The study required by this subsection shall be conducted by 
a contractor selected by the Director after an open competition. After 
conducting such study, the contractor shall submit a report to the 
Director not later than one year after the effective date of this title 
describing the results of the study and giving its assessment of the 
defense dependents' education system. 
(b) In designing the specifications for the study to be conducted 
pursuant to subsection (a) (1), and in selecting a contractor to conduct 
such study under subsection (a) (2), the Director shall consult with 
the Advisory Council on Dependents' Education established under 
section 1411 of this title. 
(c) The Director shall submit to the Congress not later than one 
year after the effective date of this title the report submitted to him 
20 use 930. 
Report. 
Consultation. 
Results and 
legislative 
recommendations, 
submittal to 
Congress. 
92 STAT. 2372 
PUBLIC LAW 95-561—NOV. 1, 1978 
under subsection (a) (2) describing the results of the study carried out 
pursuant to subsection (a)(1), together with the recommendations, 
if any, of the contractor for legislation or any increase in funding 
needed to improve the defense dependents' education system. Not-
withstanding any law, rule, or regulation to the contrary, such report 
shall not be submitted to any review before its transmittal to the 
Congress, but the Secretary of Defense shall, at the time of the trans-
mittal of such report, submit to the Congress such recommendations 
: r 
as he may have with respect to legislation or any increase in funding 
needed to improve the defense dependents' education system. 
(d) The Director may provide for additional studies of the defense 
dependents' education system to be conducted in accordance with the 
provisions of this section, but such studies shall not be conducted more 
Report to 
frequently than once a year. A report of each study shall be submitted 
Congress. 
^Q ^}^Q Congress in accordance with subsection (c), and the second sen-
tence of such subsection shall apply with respect to the transmission of 
each such report. 
REGTJLATIONS 
20 use 931. 
SEC. 1413. Not later than 180 days after the effective date of this 
title, the Secretary of Defense shall issue regulations to carry out this 
title. Such regulations shall— 
(1) prescribe the educational goals and objectives of the defense 
dependents' education system, 
(2) establish standards for the development of curricula for the 
system and for the selection of instructional materials, 
(3) prescribe professional standards for professional personnel 
employed in the system, 
, 
I 
(4) provide for arrangements between the Director and com-
,;, 
manders of military installations for necessary logistic support for 
schools of the system located on military installations, 
(5) provide for a recertification program for professional per-
sonnel employed in the system, and 
(6) provide for such other matters as may be necessary to ensure 
J 
the efficient organization and operation of the defense dependents' 
education system. 
DEFINITIONS 
20 use 932. 
SEC. 1414. For purposes of this title: 
(1) The term "dependent" means a minor individual— 
(A) who has not completed secondary schooling, and 
(B) who is the child, stepchild, adopted child, ward, or 
spouse of a sponsor, or who is a resident in the household of 
a sponsor who stands in loco parentis to such individual and 
who receives one half or more of his support from such 
sponsor. 
(2) The term "sponsor" means— 
(A) a member of the Armed Forces serving on active duty, 
or 
, „ 
; 
(B) a civilian officer or employee of the Department of 
Defense paid from appropriated funds. 
(3) The term "overseas area" means any area situated outside 
the United States. 
(4) The term "United States", when used in a geographical 
sense, means the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, and the possessions of the United 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2373 
States (excluding the Trust Territory of the Pacific Islands and 
Midway Island). 
EFFECTIVE DATES 
SEC. 1415. (a)(1) Except as provided in paragraph (2) this title 20USC921 note, 
shall take effect on July 1,1979. 
(2) Section 1407(b) and the amendments made by section 1407(c), 
1408(a), and 1408(b) shall take effect on October 1, 1978. 
(b) Notwithstanding subsection (a) or any other provision of this 
title no provision of this title shall be construed to impair or prevent 
the taking effect of the provision of any other Act providing for the 
transfer of the functions described in this title to an executive depart-
ment having responsibility for education. 
TITLE XV—MISCELLANEOUS PROVISIONS 
. 
PART A—INTERNATIONAL YEAR OF THE CHILD 
DECLARATION OF PURPOSE OF THE INTERNATIONAL YEAR OF THE CHILD 
SEC. 1501. The United Nations General Assembly, by a resolution 22 USC 287 note, 
approved at its thirty-first session, has designated the year 1979 as the 
International Year of the Child. This action was designed to focus 
national and international attention on various aspects of the needs 
of children and to encourage all nations, individually and in coopera-
tion, to take appropriate and relevant actions to meet them. The 
General Assembly called upon member states and international orga-
nizations to participate fully in the International Year of the Child 
and to devote the year 1979 to efforts at the international, national and 
community levels to provide lasting improvements in the well-being 
of children. 
ESTABLISHMENT OF A NATIONAL COMMISSION 
SEC. 1502. (a) The President shall establish a National Commission Membership, 
on the International Year of the Child (hereinafter in this Act 22 USC 287 note, 
referred to as the "Commission"), and to appoint to the Commission 
not more than twenty-five members chosen from among citizens in 
private life. 
(b) The President shall designate a Chairperson and two Vice Chairperson. 
Chairpersons from among the members. 
(c) The President of the Senate and the Speaker of the House of 
Representatives may each designate two Members of the Senate and 
the House of Representatives, respectively, to serve on the Commission, 
in addition to the members to be appointed by the President. 
FUNCTIONS OF THE COMMISSION 
SEC 1603. (a) The Commission shall promote: (i) effective and 22USC287note, 
significant observance in the United States of 1979 as the International 
Year of the Child (hereinafter in this Act referred to as the "Year"), 
with particular reference to the goals stated in section 2; (ii) coopera-
tion by the United States with UNICEF and other international 
organizations and with other nations to achieve the objectives of the 
Year. To these ends, the Commission shall seek to stimulate within 
the United States a better understanding of, and actions to meet, the 
" ' 
' 
needs of children both in this and in other countries. Such needs would 
92 STAT. 2374 
PUBLIC LAW 95-561—NOV. 1, 1978 
Recommenda-
tions and report 
to President. 
include, but not be limited to the social, health, educational, and devel-
opmental needs of children, as well as concern for the general condi-
tions and rights of children. 
(b) The Commission shall keep informed of activities undertaken 
or planned by various organizations and groups in the United States 
and abroad m observance of the Year and shall consult with such 
groups and stimulate such activities and programs through community, 
civic, local. State, regional, national. Federal, international, private 
and professional organizations. 
(c) The Commission may conduct studies, inquiries, and hearings 
and hold meetings as it deems necessary. It may assemble and dissemi-
nate information and issue reports and other publications. It may also 
coordinate, sponsor, perform, or oversee projects, studies, events, and 
other activities that it deems necessary or desirable for the observance 
of the Year. 
(d) The Commission shall make recommendations to the Presi-
dent on national policies in furtherance of the goals of the Year; and 
shall make a final report to the President on its work and recommenda-
tions not later than March 31,1980. 
Subcommittees, 
authorization. 
22 use 287 note. 
Compensation. 
5 use 5101 et 
seq., 5301. 
5 use 5332 note. 
5 use 8101 et 
Travel 
allowances. 
•. 
. 
COORDINATION AND ADMINISTRATION 
SEC. 1504. (a) The Commission is authorized to establish such sub-
committees, the membership of which may include persons not mem-
bers of the Commission, as it deems necessary to carry out the purpose 
of this Act. 
(b) Each agency of the executive branch of the Government is 
authorized: (1) to furnish to the Commission, upon request of the 
Chairperson of the Commission, such information, advice, services, and 
funds as may be useful to the Commission for the fulfillment of its 
functions under this Act, and 
(2) to detail personnel to the 
Commission. 
(c) Each member of the Commission or any of its subcommittees, 
who is not a member of Congress may, while serving on business of 
the Commission, be compensated at a rate not to exceed the daily 
equivalent of GS-15 for each day they are engaged in the actual per-
formance of duties. 
(d) The Commission may appoint such staff personnel as it con-
siders necessary to carry out its duties under this Act without regard 
to the provisions of title 5, United States Code, governing appoint-
ment in the competitive civil service, and without regard to chapter 
51 and subchapter III of chapter 53 of such title relating to classifica-
tion and General Schedule pay rates, except that not more than two 
individuals so appointed may receive pay in excess of the annual rate 
of basic pay in effect for grade GS-15 of the General Schedule. 
Appointments shall be made without regard to political affiliation. 
(e) The Commission is authorized to accept and use services of 
voluntary and uncompensated personnel. Such personnel shall not be 
considered Federal employees for any purpose other than for pur-
poses of chapter 81 of title 4, United States Code (relating to com-
pensation for injury), and sections 2671 through 2680 of title 28, United 
States Code (relating to tort claims), and shall not perform the work 
of Federal employees. 
(f) Members or staff of the Commission or of a subcommittee there-
of, shall be allowed travel expenses while attending meetings of the 
Commission or its subcommittees or otherwise engaged in the business 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2375 
Experts and 
consultants 
of the Commission away from their homes or regular places of busi-
ness, including per diem in lieu of subsistence, as authorized under sec-
tion 5703 of title 5, United States Code, for persons in Government 
service employed intermittently. 
(g) The Commission is authorized to procure such temporary and 
intermittent services of experts and consultants as are necessary to the 
extent authorized by section 3109 of title 5, United States Code. 
(h) The Commission is authorized to accept, use, and dispose of 
contributions of money or property. 
(i) The Commission is authorized to enter into contracts with Contracts 
Federal and State agencies, private firms, institutions, and individuals 
for the conduct of research or surveys, the preparation of reports, and 
other activities necessary to the discharge of its duties. 
, 
(j) The Commission may use the United States mails under the 
same conditions as other departments and agencies of the United 
States. 
(k) The powers granted the Commission by this Act shall be in 
addition to those granted by Executive Order 12053. The powers 
granted the Commission by Executive Order 12053 may be employed 
to fulfill the responsibilities of the Commission under this Act. 
(1) The powers granted the Commission under this Act may be 
delegated to any member or employee of the Commission by the Com-
mission Chairperson. 
(m) Financial and administrative support services (including those 
related to budget and accounting, financial reporting, personnel, and 
procurement) shall be provided to the Commission by the General 
Services Administration, for which payment shall be made in advance, 
or by reimbursement, from funds of the Commission, in such amounts 
as may be agreed upon by the Chairperson of the Commission and the 
Administrator of the General Services Administration. 
3 CFR 1978 
Comp., 
p. 174. 
WAIVERS o r CERTAIN OTHER PROVISIONS OF LAW 
SEC. 1505. In order to expedite matters pertaining to the planning 22 USC 287 note, 
for, and work of, the Commission, the Commission is authorized to 
make purchases and contracts without regard to section 252 of title 
41 of the United States Code, pertaining to advertising and com-
petitive bidding, and may arrange for the printing of any material 
pertaining to the work of the Commission without regard to the 
Government Printing and Binding Regulations and any related laws 
or regulations. 
TERMINATION DATE 
SEC. 1506. The Commission shall continue in existence until thirty 22 USC 287 note, 
days after submission of its final report to the President pursuant to 
. <. 
i. 
section 1503(d), at which time it shall terminate, but the life of the 
Commission shall in no case extend beyond April 30, 1980. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 1507. There are authorized to be appropriated, without fiscal 22 USC 287 note, 
year limitations such sums as may be necessary to carry out the pro-
visions of this Act. Such sums shall remain available for obligation 
until expended. No funds authorized hereunder may be used for lobby-
ing activities. 
92 STAT. 2376 
PUBLIC LAW 95-561—NOV. 1, 1978 
PART B—NATIONAL ACADEMY OF PEACE AND CONFLICT RESOLUTION 
ESTABLISHMENT 
Commission on 
Proposals for the 
National 
Academy of 
Peace and 
Conflict 
Resolution. 
20 u s e 1172 
note. 
20 use 1172 
note. 
SEC. 1511. There is established a commission to be known as the 
Commission on Proposals for the National Academy of Peace and 
Conflict Resolution. 
DUTIES OF COMMISSION 
SEC. 1512. (a) The Commission shall undertake a study to consider— 
(1) whether to establish a National Academy of Peace and Con-
fleet Resolution; 
(2) the size, cost, and location of an Academy; 
(3) the effects which the establishment of an Academy would 
have on existing institutions of higher education; 
(4) the relationship which would exist between an Academy 
and the Federal Government; 
(5) the feasibility of making grants and providing other forms 
of assistance to existing institutions of higher education in lieu 
. 
of, or in addition to, establishing an xA^cademy; and 
.V 
(6) alternative proposals, which may or may not include the 
establishment of an Academy, which would assist the Federal 
Government in accomplishing the goal of promoting peace, 
(b) In conducting the study required by subsection (a), the Com-
mission shall— 
(1) review the theory and techniques of peaceful resolution of 
conflict between nations; and 
(2) study existing institutions which assist in resolving con-
flict in the areas of international relations. 
20 use 1172 
note. 
eompensation. 
5 use 5332 
note. 
Travel 
allowances. 
"
^ 
MEMBERSHIP 
• 
SEC. 1513. (a) The Commission shall be composed of nine members 
as follows— 
(1) three appointed by the President pro tempore of the 
Senate; 
(2) three appointed by the Speaker of the House of Representa-
tives ; and 
(3) three appointed bjr the President. 
(b) Members shall be appointed for the life of the Commission. 
(c) A vacancy in the Commission shall be filled in the manner in 
which the original appointment was made. 
(d) (1) Except as provided in paragraph (2), members of the Com-
mission each shall be entitled to receive the daily equivalent of the 
annual rate of basic pay in effect for grade GS-18 of the General 
Schedule (5 U.S.C. 5332) for each day during which they are engaged 
in the actual performance of the duties of the Commission. 
(2) Members of the Commission who are full-time officers or 
employees of the United States or Members of the Congress shall 
receive no additional pay on account of their service on tlie Commission. 
(3) While away from their homes or regular places of business in 
the performance of services for the Commission, members of the Com-
mission shall be allowed travel expenses, including a per diem in lieu 
of subsistence, in the same manner as persons employed intermittently 
in the Government service are allowed expenses under section 5703 (b) 
of title 5, United States Code. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2377 
(e) The Commission shall elect a Chairman and a Vice Chairman 
from among its members. 
(i) Five members of the Commission shall constitute a quorum. 
(g) The Commission shall meet at the call of the Chairman or a Meetings, 
majority of its members. 
DIRECTOR AND STAFF OF COMMISSION; EXPERTS AND CONSULTANTS 
SEC. 1514. (a) Subject to such rules as may be adopted by the Com-
mission, the Chairman, without regard to the provisions of title 5, 
United States Code, governing appointments in the competitive service 
and without regard to the provisions of chapter 51 and subchapter III 
of chapter 53 of such title relating to classifications and General Sched-
ule pay rates, shall have the power to— 
(1) appoint a Director who shall be paid at a rate not to exceed 
the rate of basic pay in effect for level V of the Executive Schedule 
(5 U.S.C. 5316) ; 
(2) appoint and fix the compensation of such staff personnel as 
he considers necessary; and 
(3) procure temporary and intermittent services to the same 
extent as is authorized by section 3109 (b) of title 5, United States 
Code. 
(b) Upon request of the Commission, the head of any Federal 
agency is authorized to detail, on a reimbursable basis, any of the per-
sonnel of such agency to the Commission to assist it in carrying out its 
duties under this title. 
20 use 1172 
note. 
5 u s e 5101 et 
seq., 5301. 
POWERS OF COMMISSION 
). (a) The Commission may, for the purpose of carrying 
out this title, n( 
SEC. 1515. 
lold such hearings, sit and act at such times and places, 
take such testimony, and receive such evidence as the Commission 
considers advisable. The Commission may administer oaths and affir-
mations to witnesses appearing before the Commission. 
(b) When so authorized by the Commission, any member or agent 
of the Commission may take any action which the Commission is 
authorized to take by this section. 
(c) The Commission may secure directly from any Federal agency 
information necessary to enable it to carry out this title. Upon request 
of the Chairman, the head of any such Federal agency shall furnish 
such information to the Commission. 
20 use 1172 
note. 
REPORTS 
SEC. 1516. The Commission shall transmit to the President and to 
each House of the Congress such interim reports as it considers appro-
priate and shall transmit a final report to the President and to each 
House of the Congress not later than one year after the date on which 
appropriations first become available to carry out this title. The final 
report shall contain a detailed statement of the findings and conclu-
sions of the Commission, together with its recommendations for such 
legislation as it considers appropriate. 
Transmittal to 
President and 
Congress. 
20 use 1172 
note. 
Legislative 
recommendations. 
TERMINATION 
SEC. 1517. The Commission shall cease to exist sixty days after trans-
mitting its final report under section 1516. 
20 use 1172 
note. 
92 STAT. 2378 
PUBLIC LAW 95-561—NOV. 1, 1978 
20 use 1172 
note. 
AUTHORIZATION OF APPROPRIATION 
SEC. 1518. There is authorized to be appropriated not to exceed 
$500,000 to carry out this title. 
20 use 1172 
note. 
Availability. 
20 use 2711 
note. 
Ante, p. 2153. 
20 use 1226C-1. 
DEFINITIONS 
SEC. 1519. For purposes of this title— 
(1) the term "Academy" means the National Academy of Peace 
and Conflict Kesolution; 
(2) the term "Chairman" means the Chairman of the Com-
mission selected under section 1513(e); 
(3) the term "Commission" means the Commission on Pro-
posals for the National Academy of Peace and Conflict Resolu-
tion; and 
(4) the term "Federal agency" means any agency, department, 
or independent establishment in the executive branch of the Fed-
eral Government, including any Government corporation. 
PART C—MISCELLANEOUS AMENDMENTS; EFFECTIVE DATES 
' 
'' > / 
PREPARATION OF CENSUS DATA 
SEC. 1521. For the purpose of establishing a reliable statistical basis 
for the rendering of determinations under section 111(c) of the Ele-
mentary and Secondary Education Act of 1965, and for other 
purposes, the Secretary of Commerce shall take such steps as may be 
necessary to ensure that data developed from the 1980 decennial census 
will be available to the Secretary of Health, Education, and Welfare 
and to the Commissioner of Education identifying data for children 
under 18 years of age, by single year of age, for school districts. Such 
data shall relate to the family characteristics of these children, includ-
ing income, education, and such other family characteristics as may 
be appropriate and available from the decennial census. 
AUTHORIZATION OF APPROPRIATIONS FOR RACIALLY ISOLATED SCHOOL 
DISTRICTS 
S E C 1522. There is authorized to be appropriated $1,200,000 for each 
fiscal year prior to October 1,1981, for assistance to local educational 
agencies which are racially isolated as a result of geographic location 
of the school district of such agencies, and which have adopted and 
are implementing, or will adopt and implement, a plan to aid school-
children in overcoming the educational disadvantage of minority 
group isolation. 
' 
AVAILABILITY OF EDUCATION REPORTS 
' ' 
SEC. 1523. Any evaluation report or data or information collected 
in preparation of such report, which is paid for with appropriated 
funds, shall be made available, upon request, within 4 days to the 
chairman and ranking minority member of the Committee on Educa-
tion and Labor of the House of Representatives and of the Committee 
on Human Resources of the Senate. 
PUBLIC LAW 95-561—NOV. 1, 1978 
92 STAT. 2379 
GENERAL ASSISTANCE FOR THE VIRGIN ISLANDS 
SEC. 1524. There is hereby authorized to be appropriated $5,000,000 
for the fiscal year ending September 30,1979, and for each of the four 
succeeding fiscal years, for the purpose of providing general assistance 
to improve public education in the Virgin Islands. 
Appropriation 
authorization. 
TERRITORIAL TEACHER TRAINING ASSISTANCE 
SEC. 1525. There is hereby authorized to be appropriated $2,000,000 
for the fiscal year ending September 30,1979, and for each of the four 
succeeding fiscal years for the purpose of assisting teacher training 
programs in Guam, American Samoa, the Virgin Islands, the North-
ern Mariana Islands, and the Trust Territory of the Pacific Islands. 
From the sums appropriated pursuant to this section the Commis-
sioner of Education shall make grants and enter into contracts for 
the purpose of providing training to teachers in schools in Guam, 
American Samoa, the Virgin Islands, the Northern Mariana Islands, 
and the Trust Territory of the Pacific Islands. The Commissioner 
may make grants to or contracts with any organization that he deems 
qualified to provide training for teachers in such schools and shall 
allot such sums among such territories on the basis of the need for 
such training. 
Appropriation 
authorization. 
Grants and 
contracts. 
STUDY OF EVALUATION PRACTICES AND PROCEDURES 
SEC. 1526. The Commissioner of Education shall conduct a study 20 USC 1231a 
of evaluation practices and procedures at the national. State, and °°*®-
local levels with respect to federally funded elementary and secondary 
educational programs and shall include in the first annual report to 
Congress submitted more than one year after the date of enactment 
of this Act proposals and recommendations for the revision or modi-
fication of any part or all of such practices and procedures. Such 
proposals and recommendations shall include provisions— 
(1) to ensure that evaluations are based on uniform methods 
and measurements; 
(2) to ensure the integrity and independence of the evaluation 
process; and 
(3) to ensure appropriate foUow^-up on the evaluations that are 
conducted. 
TELEVISION PROGRAM ASSISTANCE 
SEC. 1527. (a) The Secretary is authorized to make grants to and Grants and 
contracts with public and private agencies for the production, devel- contracts, 
opment, or distribution (or any combination thereof) of programs 20 USC 1221j. 
designed for television systems, whether broadcast or nonbroadcast. 
(b) The Assistant Secretary for Education shall be responsible for Administration, 
the administration of this section and shall also conduct surveys, 
research, and evaluation studies which may assist in decisions to sup-
port pilot programs for full scale production. 
LIMITATION ON CONTRACTING AUTHORITY 
SEC. 1528. Notwithstanding any other provision of this Act, no 
authority to enter into contracts under this Act shall be effective except 
to such an extent or in such amounts as are provided in advance m 
appropriations Acts. 
92 STAT. 2380 
PUBLIC LAW 95-561—NOV. 1, 1978 
REPEAL 
Repeals. 
SEC. 1529. Title V I I of the Education Amendments of 1974 is 
20 use 1901, 
repealed. 
1921, 
GENERAL EFFECTIVE DATE 
1941-1944, 
1961-1966, 
SEC. 1530. Except as otherwise specifically provided in this Act, the 
O^^T\O^^5^'^, 
provisions of this Act and the amendments and repeals made by this 
20 use 2701 
^ c t shall take effect October 1,1978. 
note. 
' 
Approved November 1, 1978. 
^ 
f I 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-1137 (eomm. on Education and Labor) and No. 95-1753 
(eomm. of eonference). 
SENATE REPORT No. 95-856 accompanying S. 1753 (eomm. on Human Resources). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
June 1, 12, July 13, considered and passed House. 
* ' 
Aug. 23, S. 1753 considered in Senate. 
Aug. 24, considered and passed Senate, amended, in lieu of S. 1753. 
Oct. 12, Senate agreed to conference report. 
Oct. 15, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 44: 
Nov. 1, Presidential statement.