A bill to make certain technical amendments to improve implementation of the Education Consolidation and Improvement Act of 1981, and for other purposes.
PL 98-211 (H.R.1035), enacted 12/08/1983

97 STAT. 1412 
PUBLIC LAW 98-211—DEC. 8, 1983 
Public Law 98-211 
98th Congress 
Dec. 8, 1983 
[H.R. 1035] 
Education 
Consolidation 
and 
Improvement 
Act of 1981, 
amendment. 
20 u s e 3804. 
20 u s e 2761, 
2771, 2781. 
20 u s e 3803. 
20 u s e 3804. 
Public 
availability. 
An Act 
To make certain technical amendments to improve implementation of the Education 
Consolidation and Improvement Act of 1981, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
STATE PROGRAM DESIGN 
SECTION 1. (a) Section 555(b) of the Education ConsoHdation and 
Improvement Act of 1981 (PubUc Law 97-35; 20 U.S.C. 3801 et seq.) 
(hereafter in this Act referred to as "the Act") is amended to read as 
follows: 
"(b) PROGRAM DESIGN.—State agency programs shall be designed 
to serve migratory children of migratory agricultural workers or of 
migratory fishermen, handicapped children, and neglected and de-
linquent children (as described in subparts 1, 2, and 3, respectively, 
of part B of title I of the Elementary and Secondary Education Act 
of 1965) in accordance with section 554(aX2) and the other applicable 
requirements of this chapter. The Secretary shall continue to use 
the definitions of 'agricultural activity', 'currently migratory child', 
and 'fishing activity' which were in effect on June 30, 1982, in 
regulations prescribed under subpart 1 of part B of title I of the 
Elementary and Secondary Education Act of 1965. No additional 
definition of 'migratory agricultural worker' or 'migratory fisher-
man' may be applied after the date of enactment of this subsection 
to such subpart 1.". 
(b) Section 555 of the Act is amended by adding at the end thereof 
the following new subsection: 
"(e) EVALUATION.—Each State educational agency shall— 
"(1) conduct an evaluation of the programs assisted under this 
chapter at least every two years and shall make public the 
results of that evaluation; and 
"(2) collect data on the race, age, and gender of children 
served by the programs assisted under this chapter and on the 
number of children served by grade-level under the programs 
assisted under this chapter.". 
APPUCATIONS 
20 use 3805. 
SEC. 2. (a) Section 556(b) of the Act is amended by inserting "or" at 
the end of paragraph (IXA), by striking out "or" at the end of 
paragraph (IXB), and by striking out paragraph (IXC). 
(b) Section 556 of the Act is amended by adding at the end thereof 
the following: 
"(c) EXEMPTION FROM TARGETING.—The requirements of subsec-
tion (bXD shall not apply in the case of a local educational agency 
with a total enrollment of less than one thousand children, but this 
subsection does not relieve such an agency from the responsibility to 
serve children under the assurances set forth in subsection (bX2).". 
PUBLIC LAW 98-211—DEC. 8, 1983 
97 STAT. 1413 
(c) Clause (2) of section 556(b) of the Act is amended by striking all 
that follows "areas," in such clause and inserting in lieu thereof 
"requires, among the educationally deprived children selected, the 
inclusion of those children who have the greatest need for special 
assistance, and determines the needs of participating children with 
sufficient specificity to ensure concentration on those needs;". 
(d) Clause (4) of section 556(b) of the Act is amended by inserting 
before the semicolon a comma and the following: "and that the 
results of such evaluation will be considered by such agency in the 
improvement of the programs and projects assisted under this chap-
ter; and". 
20 u s e 3805. 
FLEXIBILITY TO CONTINUE TITLE I TYPE EXPENDITURES 
SEC. 3. Section 556 of the Act is further amended by adding at the 
end thereof the following new subsection: 
"(d) LOCAL EDUCATIONAL AGENCY DISCRETION.—Notwithstanding 
subsection (bXD of this section, a local educational agency shall have 
discretion to make educational decisions which are consistent with 
achieving the purposes of this chapter as set forth in this subsection, 
as follows: 
"(1) 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. 
"(2) A local educational agency may, with the approval of the 
State educational agency, designate as eligible (and serve) 
school attendance areas with substantially higher numbers or 
percentages of educationally deprived children before school 
attendance areas with higher concentrations of children from 
low-income families, but this provision shall not permit the 
provision of services to more school attendance areas than could 
otherwise be served. A State educational agency shall approve 
such a proposal only if the State educational agency finds that 
the proposal will not substantially impair the delivery of com-
pensatory education services to educationally deprived children 
from low-income families in project areas served by the local 
educational agency. 
"(3) Funds received under this chapter may be used for 
educationally deprived children who are in a school which is not 
located in an eligible school attendance area when the propor-
tion of children from low-income families in average daily 
attendance in such school is substantially equal to the propor-
tion of such children in an eligible school attendance area of 
such agency. 
"(4) If an eligible school attendance area or eligible school was 
so designated in accordance with subsection (bXlXA) in either of 
two preceding fiscal years, it may continue to be so designated 
for a single additional fiscal year even though it does not qualify 
in accordance with subsection (bXlXA). 
"(5) With approval of the State educational agency, eligible 
school attendance areas or eligible schools which have higher 
proportions of children from low-income families may be 
skipped if they are receiving, from non-Federal funds, services 
of the same nature and scope as would otherwise be provided 
under this chapter, but (A) the number of children attending 
private elementary and secondary schools who receive services 
Ante, p. 1412. 
Eligible school 
attendance area. 
Educationally 
deprived 
children. 
97 STAT. 1414 
PUBLIC LAW 98-211—DEC. 8, 1983 
Educational 
program, 
upgrade. 
20 u s e 2753. 
Public school 
personnel, duty 
assignment. 
Ante, p. 1413. 
20 u s e 3805. 
Public meeting. 
under this chapter shall be determined without regard to non-
Federal compensatory education funds which serve eligible 
children in public elementary and secondary schools, and (B) 
children attending private elementary and secondary schools 
who receive assistance under this chapter shall be identified in 
accordance with this section and without regard to skipping 
public school attendance areas or schools under this paragraph. 
"(6) A child who, in any previous year, was identified as being 
in greatest need of assistance, and who continues to be educa-
tionally deprived, but who is no longer identified as being in 
greatest need of assistance, may participate in a program or 
project assisted under this title for the current year. 
"(7) Educationally deprived children who begin participation 
in a program or project assisted under this chapter who, in the 
same school year, are transferred to a school attendance area or 
a school not receiving funds under this chapter, may continue to 
participate in a program or project funded under this chapter 
for the remainder of such year. 
"(8) The local educational agency is not required to use funds 
under this chapter to serve educationally deprived children in 
greatest need of assistance if such children are receiving, from 
non-Federal sources, services of the same nature and scope as 
would otherwise be provided under this chapter. 
"(9) In the case of any school serving an attendance area that 
is eligible to receive services under this chapter and in which 
not less than 75 per centum of the children are from low-income 
families, funds received under this chapter may be used for a 
project designed to upgrade the entire educational program in 
that school in the same manner and only to the same extent as 
permitted under section 133(b) of the Elementary and Second-
ary Education Act of 1965 (but without regard to paragraph (4) 
of such section). 
"(10) Public school personnel paid entirely by funds made 
available under this chapter may be assigned limited, rotating, 
supervisory duties which are assigned to similarly situated 
personnel who are not paid with such funds, and such duties 
need not be limited to classroom instruction or to the benefit of 
children participating in programs or projects funded under this 
chapter. Such duties may not exceed the same proportion of 
total time as is the case with similarly situated personnel at the 
same school site, or 10 per centum of the total time, whichever 
is less.". 
PARENTAL INVOLVEMENT 
SEC. 4. Section 556 of the Act is further amended by adding at the 
end thereof the following new subsection: 
"(e) PARENTAL INVOLVEMENT.—For the purposes of complying 
with the assurances given pursuant to subsection (b)(3) with respect 
to consultation with parents of participating children, (1) a local 
educational agency shall convene annually a public meeting, to 
which all parents of eligible students shall be invited, to explain to 
parents the programs and activities provided with funds made 
available under this chapter, and (2) if parents desire further activi-
ties, the local educational agency may, upon request, provide reason-
able support for such activities.'. 
PUBLIC LAW 98-211—DEC. 8, 1983 
97 STAT. 1415 
AREAS FOR SERVICES TO PRIVATE SCHOOLCHILDREN 
SEC. 5. Section 557(a) of the Act is amended by inserting "(1)," 20USC3806. 
immediately after "556(b)". 
APPLICATION OF NONSUPPLANTING RULE TO STATES 
SEC. 6. Section 558(b) of the Act is amended— 
20 USC 3807. 
(1) by inserting "State educational agency or other State 
agency in operating its State level programs or a" before "local 
educational agency ' in the first sentence; and 
(2) by striking out "a local educational agency shall not be 
required" in the second sentence and inserting in lieu thereof 
"no State educational agency, other State agency, or local edu-
cational agency shall be required". 
EXCLUSIONS OF SPECIAL PROGRAM FUNDS 
SEC. 7. Section 558(d) of the Act is amended— 
20 USC 3807. 
(1) by striking out "if such programs are consistent with the 
purposes of this chapter" and inserting in lieu thereof "includ-
ing compensatory education for educationally deprived children 
(which meets the requirements of section 131(c) of the Elemen-
tary and Secondary Education Act of 1965)"; and 
20 USC 2751. 
(2) by adding at the end thereof the following new sentence: 
"For the purpose of determining compliance with the requirements 
of subsection (c), a local educational agency may exclude State and 
local funds expended for— 
"(1) bilingual education for children of limited English 
proficiency, 
"(2) special education for handicapped children or children 
with specific learning disabilities, and 
"(3) certain State phase-in programs as described in section 
131(d) of the Elementary and Secondary Education Act of 
1965.". 
OVERLAP IN COUNTY BOUNDARIES 
SEC. 8. Section 558(e) of the Act is amended by striking out "In any 
20 USC 3807. 
State" and inserting in lieu thereof "Notwithstanding section 
111(a)(3)(C) of the Elementary and Secondary Education Act of 1965, 
20 USC 2711. 
in any State". 
RESTRICTION OF EXPENDITURES TO MEETING EDUCATIONAL NEEDS 
SEC. 9. (a) Section 561(b) of the Act is amended by inserting before 
20 USC 3811. 
the period at the end thereof the following: "and because they are 
the most likely to be able to design programs to meet the educa-
tional needs of the students in their own districts". 
(b) Section 564(a) of the Act is amended— 
20 USC 3814. 
(1) by striking out "and" at the end of paragraphs (5) and (6); 
(2) by redesignating paragraph (7) as paragraph (8); and 
(3) by inserting after paragraph (6) the following new 
paragraph: 
"(7) provides assurance that, apart from technical and advi-
sory assistance and monitoring compliance with this chapter, 
the State educational agency has exercised and will exercise no 
influence in the decisionmaking processes of local educational 
97 STAT. 1416 
PUBLIC LAW 98-211—DEC. 8, 1983 
agencies as to the expenditures made pursuant to its application 
under section 566; and". 
20 use 3816. 
(c) Section 566(c) of the Act is amended by adding at the end 
thereof the following: "In exercising such discretion, it shall be the 
responsibility of each local educational agency to ensure that each 
expenditure of funds under this chapter is for the purpose of meet-
ing the educational needs within the schools of that local 
educational agency.". 
PHASE-OUT AND TRANSITION EXPENSES 
20 use 3812. 
SEC. 10. Section 562(c) of the Act is amended by adding at the end 
thereof the following: "Until September 30, 1983, such funds may 
also be used to assist in phasing out programs described in section 
20 use 3811. 
561(a) and in promoting an orderly transition to operations under 
this chapter.". 
STATE ALLOTMENTS 
20 use 3813. 
SEC. 11. The first sentence of section 563(a) is amended by striking 
out "not to exceed". 
AUDIT REQUIREMENT FOR SMALL LOCAL EDUCATIONAL AGENCIES 
20 use 3814. 
SEC. 12. Section 564 of the Act is amended by adding at the end 
thereof the following new subsection: 
31 use 7305. 
"(c) Notwithstanding section 1745 of this Act, local educational 
agencies receiving less than an average $5,000 each year under this 
chapter need not be audited more frequently than once every five 
years.". 
REQUIREMENT FOR STATE CERTIFICATION OF LOCAL EDUCATIONAL 
AGENCY APPUCATIONS 
20 use 3816. 
SEC. 13. Section 566(a) of the Act is amended by striking out 
everything preceding paragraph (1) and inserting in lieu thereof the 
following: 
"SEC. 566. (a) A local educational agency may receive its allocation 
of funds under this chapter for any year for which its application to 
the State educational agency has been certified to meet the require-
ments of this subsection. The State educational agency shall certify 
any such application if such application—". 
SCHOOL LEVEL PROGRAMS 
20 use 3823. 
SEC. 14. Section 573(a) of the Act is amended by striking out 
"chapter" in the first sentence and inserting in lieu thereof "sub-
chapter' 
STATE RULEMAKING 
20 use 3871. 
SEC. 15. Section 591 of the Act is amended by adding at the end 
thereof the following new subsection: 
"(d) Nothing in this subtitle shall be interpreted (1) to authorize 
State regulations, issued pursuant to procedures as established by 
State law, applicable to local educational agency programs or proj-
ects funded under this subtitle, except as related to State audit and 
financial responsibilities, or (2) to encourage, preempt, or prohibit 
PUBLIC LAW 98-211—DEC. 8, 1983 
97 STAT. 1417 
regulations issued pursuant to State law which are not in conflict 
with the provisions of this subtitle. The imposition of any State rule 
or policy relating to the administration and operation of programs 
funded by this subtitle (including those based on State interpreta-
tion of any Federal law, regulation, or guideline) shall be identified 
as a State imposed requirement.". 
WITHHOLDING OF PAYMENTS 
SEC. 16. Section 592(a) of the Act is amended— 
(1) by striking out "on the record" in the first sentence; and 
(2) by adding at the end thereof the following new sentence: 
"A transcript or recording shall be made of any hearing con-
ducted under this subsection and shall be available for inspec-
tion by any person.". 
20 use 3872. 
JUDICIAL REVIEW 
SEC. 17. Section 593(b) of the Act is amended by inserting "and a 20 USC 3873. 
local educational agency" after "A State educational agency". 
APPLICATION OF GENERAL EDUCATION PROVISIONS ACT 
SEC. 18. (a) Section 596 of the Act is amended to read as follows: 20 USC 3876. 
"APPLICATION OF OTHER LAWS 
"SEC. 596. (a) Except as otherwise specifically provided by this 
section, the General Education Provisions Act shall apply to the 
programs authorized by this subtitle. 
"(b) The following provisions of the General Education Provisions 
Act shall be superseded by the specified provisions of this subtitle 
with respect to the programs authorized by this subtitle: 
"(1) Section 408(aXl) of the General Education Provisions Act 
is superseded by section 591(a) of this subtitle. 
"(2) Section 426(a) of such Act is superseded by section 591(b) 
of this subtitle. 
"(3) Section 427 of such Act is superseded by section 556(b)(3) 
of this subtitle. 
"(4) Section 430 of such Act is superseded by sections 556(a) 
and 564(b) of this subtitle. 
"(5) Section 431A of such Act is superseded by section 558(a) of 
this subtitle. 
"(6) Section 453 of such Act is superseded by section 592 of 
this subtitle. 
"(7) Section 455 of such Act is superseded by section 593 of 
this subtitle with respect to judicial review of withholding of 
payments. 
"(c) Sections 434, 435, and 436 of the General Education Provisions 
Act, except to the extent that such sections relate to fiscal control 
and fund accounting procedures, shall not apply to the programs 
authorized by this subtitle and shall not be construed to authorize 
the Secretary to require any reports or take any actions not specifi-
cally authorized by this subtitle.". 
(b) Section 406A(a) of the General Education Provisions Act, as 
added by the Education Amendments of 1974 (relating to responsi-
bility of States to furnish information), is amended— 
20 USC 1221. 
20 USC 
1221e-3. 
20 USC 3871. 
20 USC 1231c. 
20 USC 1231d. 
20 USC 3805. 
20 USC 1231g. 
20 USC 3805, 
3814. 
20 USC 1232-1. 
20 USC 3807. 
20 USC 1234b. 
20 USC 3872. 
20 USC 1234d. 
20 USC 3873. 
20 USC 
1232c-1232e. 
20 USC 
1221e-la. 
97 STAT. 1418 
PUBLIC LAW 98-211—DEC. 8, 1983 
(1) by striking out paragraphs (3) and (4); 
(2) by inserting "and" at the end of paragraph (2); and 
(3) by redesignating paragraph (5) as paragraph (3). 
CONFORMING AND TECHNICAL AMENDMENTS TO TITLE I OF ESEA 
SEC. 19. (a) Title I of the Elementary and Secondary Education Act 
of 1965 is amended— 
20 use 2762. 
(1) in section 142(a) by striking out "subpart 3 of part A, other 
than sections 122, 123, and 126(d) thereof in paragraph (3) and 
inserting in lieu thereof "section 556 (other than subsection 
(bXD) and section 558 of the Education Consolidation and 
Improvement Act of 1981"; and 
20 use 2772, 
(2) in sections 147 and 152(a), by striking out "subpart 3 of 
2'782. 
part A, other than sections 122, 123, 125, 126(d), and 126(e) 
thereof and inserting in lieu thereof "section 556 (other than 
subsection (bXD) and section 558 (other than subsection (c)) of 
the Education Consolidation and Improvement Act of 1981". 
(b) The amendments made by subsection (a) shall apply only with 
respect to funds for use under the Education Consolidation and 
20 use 3801 
Improvement Act of 1981. 
note. 
EXTENSION OF AUTHORIZATION FOR TITLE VII OF ESEA 
SEC. 20. Section 528 of the Omnibus Budget Reconciliation Act of 
20 use 3489. 
1981 is amended— 
(1) by striking out "and" at the end of paragraph (13); 
(2) by striking out the period at the end of paragraph (14) and 
inserting in lieu thereof a semicolon and the word "and"; and 
(3) by adding at the end thereof the following new paragraph: 
"(15) title VII of the Elementary and Secondary Education 
Act of 1965.". 
CONFORMING AMENDMENTS 
20 use 3815. 
SEC. 21. (a) Section 565(a) of the Act is amended by striking out 
"nonpublic" and inserting in lieu thereof "private, nonprofit", 
(b) The first sentence of section 1003(aXl) of the Elementary and 
20 use 3383. 
Secondary Education Act of 1965 is amended by inserting after 
"Act" a comma and the following: "or the Education Consolidation 
and Improvement Act of 1981". 
ASSESSMENT OF COMPENSATORY EDUCATION 
SEC. 22. Chapter 1 of the Act is amended by adding at the end 
thereof the following new section: 
" N A T I O N A L ASSESSMENT OF COMPENSATORY EDUCATION ASSISTED 
UNDER THIS CHAPTER 
20 use 3808. 
"SEC. 559. (a) The Secretary shall conduct a national assessment of 
compensatory education assisted under this chapter, through inde-
pendent studies and analysis by the National Institute of Education. 
The assessment shall include descriptions and assessments of the 
impact of (1) services delivered, (2) recipients of services, (3) back-
ground and training of teachers and staff, (4) allocation of funds (to 
school sites), (5) coordination with other programs, (6) effectiveness 
of programs on student's basic and higher order academic skills, 
PUBLIC LAW 98-211—DEC. 8, 1983 
97 STAT. 1419 
school attendance, and future education, and (7) a national profile of 
the way in which local educational agencies implement activities 
described under section 556(b). The National Institute of Education 
shall consult with the Committee on Labor and Human Resources of 
the Senate and the Committee on Education and Labor of the House 
of Representatives in the design and implementation of the assess-
ment required by this section. The National Institute of Education 
shall report to Congress the preliminary results of the assessment 
required by this section in January and July of 1986, and a final 
report shall be prepared and submitted to the Congress not later 
than January 1, 1987. 
"(b) Notwithstanding any other provision of law or regulation, 
such reports shall not be subject to any review outside of the 
Department of Education before their transmittal to the Congress, 
but the President and the Secretary may make such additional 
recommendations to the Congress with respect to the assessment as 
they deem appropriate.". 
IMPACT AID 
SEC. 23. Section 5(c) of the Act of September 30, 1950 (Public Law 
874, 81st Congress), is amended by adding at the end thereof the 
following: "If any legislation enacted after March 31, 1983, affects 
the determination of amounts of payments made on the basis of 
entitlements established under sections 2, 3, and 4 by placing any 
additional restriction on payments based on the concentration of 
children counted under subsection (a) or (b) of section 3 in the 
schools of a local educational agency, such restriction shall be 
applied, in the case of any State (other than a territory or possession 
of the United States) within which there is only one local educa-
tional agency, by treating each administrative school district within 
such State as a local educational agency (solely for the purpose of 
computing the amount of such payments). Treating such an admin-
istrative school district as a local educational agency under the 
preceding sentence shall not result, during fiscal year 1984, 1985, or 
1986, in an increase of more than 10 per centum in the amount of 
funds paid to such State above the amount which would otherwise 
be paid to such State for such fiscal year.". 
20 u s e 3805. 
Reports to 
Congress. 
Recommenda-
tions to 
Congress. 
20 u s e 240. 
NATIONAL CENTER FOR EDUCATION STATISTICS 
SEC. 24. (a) Section 515(b) of the Omnibus Education Reconcili-
ation Act of 1981 is amended by inserting "(g)(2)" after "section 
406". 
(b) The National Center for Education Statistics shall not termi-
nate the study of the condition of education for Hispanic Americans 
unless specifically required or authorized to do so by law. 
20 u s e 1221e-l 
note. 
Hispanic 
Americans. 
20 u s e 1221e-l 
note. 
EFFECTIVE DATE 
SEC. 25. (a) Except as provided in subsection (b), the amendments 
made by this Act to the Education Consolidation and Improvement 
Act of 1981 and title I of the Elementary and Secondary Education 
Act of 1965 shall be effective July 1, 1983. 
(b) With respect to the period beginning July 1, 1982, and ending 
June 30, 1983, no recipient of funds under the Education Consolida-
tion and Improvement Act of 1981 shall be held to have expended 
20 u s e 3804 
note. 
20 u s e 3801 
note. 
20 u s e 2701. 
97 STAT. 1420 
PUBLIC LAW 98-211—DEC. 8, 1983 
such funds in violation of the requirements of such Act if such funds 
are expended either in accordance with such Act as in effect prior to 
the date of enactment of this Act or in accordance with such Act as 
amended by this Act. 
Approved December 8, 1983. 
LEGISLATIVE HISTORY—H.R. 1035 (S. 1008): 
HOUSE REPORTS: No. 98-51 (Ck)mm. on Education and Labor) and No. 98-574 
(Comm. of Conference). 
SENATE REPORT No. 98-166 accompanying S. 1008 (Comm. on Labor and Human 
RGSO 
U 
rc6s) 
CONGRESSIONAL RECORD, Vol. 129 (1983): 
Aug. 4, S. 1008 considered and passed Senate. 
Apr. 12, considered and passed House. 
Oct. 7, considered and passed Senate, amended. 
Nov. 18, House and Senate agreed to conference report.