An act to make technical corrections and miscellaneous amendments in certain education laws contained in the Education Amendments of 1978, and for other purposes.
PL 96-46 (H.R.4591), enacted 08/06/1979

93 STAT. 338 
PUBLIC LAW 96-46—AUG. 6, 1979 
Public Law 96-
96th Congress 
46 
An Act 
Aug. 6, 1979 
[H.R. 4591] 
Elementary and 
Secondary 
Education Act of 
1965, 
amendment. 
20 use 821 note. 
20 use 2721. 
20 use 2733. 
20 use 2734. 
20 use 2735. 
20 use 2740. 
20 use 2762. 
20 use 2763. 
To make technical corrections and miscellaneous amendments in certain education 
laws contained in the Education Amendments of 1978, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the Elemen-
tary and Secondary Education Act of 1965 is amended— 
(1) by striking out "subsection (o)" in section 116(b)(2) and 
inserting in heu thereof "subsection (c)"; 
(2) by striking out "but did not meet" in section 123(b) and 
inserting in lieu thereof "but did meet"; 
(3) by striking out "section 183(g)" in section 124(g)(1) and 
inserting in lieu thereof "section 183(b)"; 
(4) by striking out subparagraphs (A), (B), and (C) of section 
125(a)(1) and inserting in lieu thereof the following: 
"(A) has a majority of members who are parents of children to 
be served by projects assisted under this title, who shall either be 
(i) elected by the project area or school advisory councils required 
to be established by paragraph (2)(A) of this subsection, or (ii) 
elected by the parents in such areas; 
"(B) includes such additional members as may be (i) elected by 
the project area or school advisory councils required to be 
established by paragraph (2)(A) of this subsection, or (ii) elected 
by the parents in such areas; 
"(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, who shall be elected 
by the parents in such areas; and 
"(D) is established in accordance with regulations to be issued 
by the Commissioner which provide alternative models to carry 
out subparagraphs (A) through (C) of this paragraph."; 
(5) by amending the matter preceding clause (A) of section 
125(c)(1) to read as follows: 
"(c) ACCESS TO INFORMATION.—(1) Each local educational agency 
shall provide without charge to each advisory council established by 
such an agency under subsection (a) of this section, and, upon request, 
to each member of such advisory council—"; 
(6) by striking out "and (1)" in section 130(a) and inserting in 
lieu thereof "and (m)"; 
(7) by striking out "126(d), and 130" in section 142(a)(3) and by 
inserting in lieu thereof "and 126(d)"; 
(8) by striking out "subsection" in section 142(b) and inserting 
in lieu thereof "section"; 
(9) by amending section 143(b) to read as follows: 
"(b) AVAILABILITY OF FUNDS.—The Commissioner shall, from the 
funds appropriated for carrying out this subpart, reserve for purposes 
of this section for any fiscal year an amount which shall not be less 
than $6,000,000 nor more than 5 per centum of the amount so 
appropriated."; 
PUBLIC LAW 96-46—AUG. 6, 1979 
93 STAT. 339 
(10) by striking out "126(e), and 130" in section 147 and 20 use 2772. 
inserting in lieu thereof "and 126(e)"; 
(11) by striking out "126(e), and 130" in section 152(a) and 20 use 2782. 
inserting in lieu thereof "and 126(e)"; 
(12) by striking out "130(a)(1)" in section 222(c) and inserting in 20 use 2902. 
lieu thereof "130(a)"; 
(13) by striking "part B" in section 404(a)(7) and by inserting in 20 USC 3084. 
lieu thereof "part B, section 521,"; 
(14) by striking out "section 431(a)" in section 404(a)(8) and 
inserting in lieu thereof "section 521"; 
(15) by striking out "421" in section 404(a)(9) and inserting in 
lieu thereof "521"; 
(16)(A) by striking out "(A)" and "(B)" in section 523(b) and 20 USe 3163. 
inserting in lieu thereof "(1)" and "(2)", respectively; 
(B) by inserting "(A)" in section 523(b)(1) (as redesignated) 
before "15 percent''; and 
(C) by inserting before the comma in section 523(b)(1) (as 
redesignated) the following: "or (B) the amount made available to 
all States for fiscal year 1973 for title V as in effect in such year, 20 use 3141 et 
whichever is greater"; 
*^9-
(17) by inserting after section 523 the following new section: 
"ALLOTMENTS TO STATES 
"SEC. 524. (a) From the amount appropriated under this part to 20 USe 3164. 
meet the requirement of section 523(b)(1) for any fiscal year, the 
Commissioner shall allot to each State an amount equal to the 
allotment of the State for strengthening activities in the fiscal year 
1973 pursuant to title V as in effect in such year to be available to 
carry out this part. 
"(b) From the amounts appropriated in excess of the amount 
- . ^ •.. 
appropriated to meet the requirement of subsection (a), the Commis-
sioner shall award grants to States on a discretionary basis to be 
available to carry out this part."; 
(18) by inserting "(1)" in section 610(f) after the subsection 20 use 3200. 
; 
designation and by adding at the end of such subsection the 
following new paragraph: 
"(2) The Assistant Secretary shall not finally disapprove in whole 
-
or in part any application for funds submitted by a State or local 
educational agency without first notifying the agency of the specific 
- "-
reasons for his disapproval and without affording the agency an 
appropriate opportunity to modify its application."; 
(19) by inserting "(1)" in section 809(b) after the subsection 20 use 3289. 
designation and by adding at the end of such subsection the 
following new paragraph: 
"(2) No grant may be made to a local education agency to plan, 
direct, or operate any program or activity that is being conducted by 
another public agency unless the Commissioner determines that 
there is collaboration between the local education agency and the 
public agency conducting such program or activity."; 
(20) by striking out the section designation "SEC. 1004." (as 20 use 3384. 
amended by section 901(b) of the Education Amendments of 
1978), and inserting in lieu thereof "SEC. 1003."; and 
92 Stat. 2305. 
(21) by adding at the end of section 1005(e) the following new oLV^^ ^^^^' 
paragraph: 
20 USC 3385. 
(d) rrom the funds appropriated pursuant to subsection (g)(1) of 
this section, the Commissioner is also authorized to make grants to 
93 STAT. 340 
PUBLIC LAW 96-46—AUG. 6, 1979 
92 Stat. 2143. 
20 u s e 3381 et 
seq. 
20 use 
3381-3386. 
20 u s e 3311 et 
seq. 
20 u s e 3384, 
3383. 
20 u s e 1221-1 
note. 
20 u s e 236 note. 
20 u s e 1211a. 
20 u s e 1211b 
note. 
20 u s e 930. 
20 u s e 1231a 
note. 
20 u s e 2701 
note. 
92 Stat. 2354. 
20 u s e 1225. 
20 u s e 3101. 
and contracts with Indian tribes, Indian institutions, and Indian 
organizations, and public agencies and institutions for— 
"(A) the national dissemination of information concerning 
education programs, services, and resources available to Indian 
children, including evaluations thereof; and 
"(B) the evaluation of the effectiveness of federally assisted 
programs in which Indian children may participate in achieving 
the purposes of such programs with respect to such children.'. 
SEC. 2. (a) The Education Amendments of 1978 are amended— 
(1) by striking out "IX" in section 801(1) and inserting in lieu 
thereof "X"; 
(2) by striking out "XIII" in section 802 and inserting in lieu 
thereof "VIII"; 
(3) by striking out "1004" in section 901(b) and inserting in lieu 
thereof"1003"; 
(4) by striking out "December 31,1979, and December 31,1980, 
and shall make a final report thereto no later than December 31, 
1981" in section 1203(f) and by inserting in lieu thereof "Decem-
ber 31, 1980, and December 31, 1981, and shall make a final 
report thereto no later than December 31,1982"; 
(5) by striking out "1979" in section 1015(d) and inserting in 
lieu thereof "1980"; 
(6)(A) by striking out "314" in section 1311(a)(1) and inserting 
in lieu thereof "316"; 
(B) by striking out "314" in section 1311(a)(2) and inserting in 
lieu thereof "316"; 
(C) by striking out in section 1311(b) "redesignating subsections 
(b), (c), and (d) as subsections" and inserting in lieu thereof 
"striking out 'July 1, 1978' and inserting in lieu thereof; 
(7) by striking out "section 201(a)(3)" in section 1331(b) and 
inserting in lieu thereof "section 201(b)(3)"; 
(8) by striking out "one vear" in section 1412(a)(2) and inserting 
in lieu thereof "two years '; 
(9) by striking out "one year" in section 1526 and by inserting 
in lieu thereof "eighteen months"; 
(10) by inserting "(a)" before "Except" in section 1530 and by 
adding at the end thereof the following new subsection: 
"(b) The provisions of section 412(b)(2) of the General Education 
Provisions Act, as added by section 1245 of this Act, shall not take 
effect with respect to the use of funds under section 421 of the 
Elementary and Secondary Education Act of 1965 until October 1, 
1980, except at the option of local educational agencies."; and 
(11)(A) by inserting at the end of title I the following new 
section: 
20 u s e 1221e 
note. 
20 u s e 236 et 
20 u s e 1221e 
note. 
EXPERIMENTAL PROJECT WAIVER AUTHORITY CONTINUED 
"SEC. 103. Notwithstanding any other provision of title I of the 
Elementary and Secondary Education Act of 1965, the Commissioner 
shall approve for fiscal year 1979 the use of funds provided under that 
title under the same terms and conditions as such uses were permit-
ted during the preceding fiscal year in local educational agencies 
which participated in the study conducted under section 821(a)(5) of 
the Education Amendments of 1974 when such agency requests such 
approval."; and 
(B) by adding in the table of contents after item "SEC. 102." the 
following new item: 
"Sec. 103. Experimental project waiver authority continued.". 
PUBLIC LAW 96-46—AUG. 6, 1979 
93 STAT. 341 
(b) Title XI of the Education Amendments of 1978 is amended— 92 Stat. 2313. 
(1) by striking out "the Secretary of the Interior shall" and 
everything that follows through the end of the first sentence of 
section 1103(a)(1) and inserting in lieu thereof the following: "the 25 use 13 note. 
Secretary of the Interior shall make payments of all funds 
appropriated under the authority of the Act of November 2,1921, 25 use 13. 
for fiscal year 1978 (including any fiscal year 1978 funds subse-
quently obligated in fiscal year 1979 from such appropriation) for 
basic support contracts or grants to any school that had a deficit 
--^ 
in its operating budget for fiscal year 1978 as a consequence of 
the lack of complete payment from the Department of the 
Interior for such contract or grant."; 
(2) by striking out "fifteen months" in the first sentence of 
section 1121(b)(1) and inserting in lieu thereof "eighteen 25 use 2001. 
months"; 
(3) by striking out "eighteen months" in the second sentence of 
section 1121(b)(1) and inserting in lieu thereof "twenty-one 
months"; 
(4) by striking out "Within one year of such date," in section 
1121(0 and inserting in lieu thereof "No later than January 1, 
1981,"; 
(5) by striking out "Within one year of such date," in section 
1122(c) and inserting in lieu thereof "No later than January 1, 25 use 2002. 
1981,"; 
(6) by inserting immediately before the period at the end of the 
first sentence of section 1126(b) a comma and the following: 25 use 2006. 
"including (but not limited to) school or institution custodial or 
maintenance personnel"; 
(7) by striking out paragraph (4) of section 1128(a), by redesig- 25 use 2008. 
nating paragraph (5) of such section as paragraph (4), and by 
adding at the end of such section the following new sentence: 
"Upon the establishment of the standards required by sections 1121 
and 1122 of this Act, the Secretary shall revise the formula estab-
lished under this subsection to reflect the cost and funding standards 
so established."; 
* 
. ' 
(8) by redesignating subsection (c) of section 1128 as subsection 
(d) and by inserting immediately after subsection (b) of such 
section the following new subsection: 
"(c) The formula established under subsection (a) of this section 
shall be implemented for fiscal year 1980 and each succeeding fiscal 
year, except that— 
"(1) for fiscal year 1980, no school shall as a consequence of 
such formula receive less than 90 per centum, nor more than 120 
per centum, of the funds it received from Bureau education funds 
for fiscal year 1979; 
"(2) for fiscal year 1981, no school shall as a consequence of 
such formula receive less than 70 per centum, nor more than 170 
per centum, of the funds it received from Bureau education funds 
for fiscal year 1979; and 
"(3) for fiscal year 1982 and any succeeding fiscal year the 
formula shall be fully implemented."; and 
(9) by striking out "and" at the end of paragraph (5) of section 
1132, by striking out the period at the end of paragraph (6) of 25 use 2012. 
such section and inserting in lieu thereof "; and , and by adding 
after such paragraph the following new paragraph: 
"(7) information on the administrative and program costs 
attributable to each Bureau program, divided into discreet ele-
ments.". 
93 STAT. 342 
PUBLIC LAW 96-46—AUG. 6, 1979 
20 u s e 241-1. 
20 use 240. 
Supra. 
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92 Stat. 2338. 
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20 u s e 2308. 
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20 u s e 1232f. 
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SEC. 3. (a) Section 7(a)(1) of the Act of September 30, 1950 (Public 
Law 874, Eighty-first Congress) is amended by striking out "October 
1, 1978" each place it appears in subparagraphs (A) and (B) and 
inserting in lieu thereof "October 1,1983". 
(b)(1) Section 5(b)(3)(C)(i) of such Act is amended by striking out 
"may file" and inserting in lieu thereof "may, in its discretion and 
without regard to the requirements of any other provision of law, 
file". 
(2) Section 5(b)(3) of such Act is further amended by redesignating 
subparagraph (E) as subparagraph (F) and by inserting after subpara-
graph (D) the following new subparagraph: 
"(E) If the local educational agency rejects the determination of the 
Commissioner and a tribe exercises the option under section 1101(d) 
of the Education Amendments of 1978, to have education services 
provided either directly by the Bureau of Indian Affairs or by 
contract with that Agency, any Indian students affiliated with that 
tribe who wish to remain in attendance at the local educational 
agency against whom the complaint which led to the tribal action 
(under such subsection (d)) was lodged may be counted with respect to 
that local educational agency for the purpose of receiving funds 
under section 3(d)(2)(D) of this Act. In such event, funds under such 
section shall not be withheld pursuant to subparagraph (D) and no 
further complaints with respect to such students may be filed under 
subparagraph (C)(i).". 
(3) Section 5(c)(2)(A)(v) of such Act is amended by striking out 
"clause (A)(ii) of this paragraph" and inserting in lieu thereof "clause 
(i)(II) of this subparagraph". 
SEC. 4. (a) Section 400A of the General Education Provisions Act is 
amended— 
(1) by striking out the subsection designation "(f)" the first 
time it appears in such section and inserting in lieu thereof "(3)"; 
and 
(2) by striking out "paragraph (6)" in subsection (g)(2) and 
inserting in lieu thereof "subsections (0 (1) and (2)". 
(b) Section 417(a) of the General Education Provisions Act is 
amended by striking out the paragraph designation "(1)" and by 
repealing paragraph (2). 
(c) Section 438(b) of the General Education Provisions Act is 
amended by adding at the end thereof the following new paragraph: 
"(5) Nothing in this section shall be construed to prohibit State and 
local educational officials from having access to student or other 
records which may be necessary in connection with the audit and 
evaluation of any federally or State supported education program or 
in connection with the enforcement of the Federal legal requirements 
which relate to any such program, subject to the conditions specified 
in the proviso in paragraph (3).". 
SEC. 5. (a) Section 108(b)(2)(B) of the Vocational Educational Act of 
1963 is amended by inserting before the semicolon a comma and the 
following: "except that the Commissioner may modify this require-
ment pursuant to regulations in order to avoid any duplication of 
data-collection occurring under section 161 or under section 437 of 
the General Education Provisions Act". 
(b) Section 110 of the Vocational Education Act of 1963 is amended 
by adding at the end thereof the following new subsection: 
"(e) Pursuant to regulations established by the Commissioner, a 
State may exceed the 50 per centum Federal share specified in 
subsections (a) and (b) of the percentages set aside in subsections (a) 
and (b) by making larger payments with such funds to local educa-
PUBLIC LAW 96-46—AUG. 6, 1979 
93 STAT. 343 
tional agencies and other eligible recipients which are otherwise 
financially unable to provide such programs.". 
SEC. 6. Section 4 of the Career Education Incentive Act is 20 use 2603. 
amended— 
(1) by striking out "(a) Subject to the provisions of subsections 
(b) and (c), there" and inserting in lieu thereof "There", and 
(2) by repealing subsections (b) and (c). 
SEC. 7. Section 453(c) of the Indian Education Act is amended— 20 use i22ih. 
(1) by striking out "In establishing" and inserting in lieu 
thereof "On the form establishing"; and 
(2) by adding at the end thereof the following new sentence: 
"Nothing in the requirements of paragraphs (1) through (5) of this 
subsection shall be construed as changing or restricting the applica-
ble eligibility definition set forth in subsection (a) of this section.". 
SEC. 8. The amendments made by this Act shall take effect October 2
0 use 2701 
1, 1978. 
note. 
Approved August 6, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 96-338 ceomm. on Education and Labor). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
July 23, considered and passed House. 
July 24, considered and passed Senate.