Page:United States Statutes at Large Volume 102 Part 1.djvu/321

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 283

"(1) that the program will use qualified personnel, including only those personnel who are proficient in the language or languages used for instruction; "(2) that in designing the program for which application is made, the needs of the children in nonprofit private elementary and secondary schools have been taken into account through consultation with appropriate private school officials and, consistent with the number of such children enrolled in such schools in the area to be served whose educational needs are of the type and whose language and grade levels are of a similar 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 schoolchildren; "(3) that the program will be evaluated in accordance with a plan that meets the requirements of section 7033 of this title; "(4) that student evaluation and assessment procedures in the Handicapped program are appropriate for limited English proficiency stu- persons, dents, and that limited English proficient students who are handicapped are identified and served in accordance with the requirements of the Education of the Handicapped Act; "(5) that Federal funds made available for the project or activity will be used so as to supplement the level of State and local funds that, in the absence of those Federal funds, would have been expended for special programs for children of limited English proficiency and in no case to supplant such State and local funds, except that nothing in this paragraph shall— "(A) preclude a local educational agency from using funds under this title for activities carried out under an order of a court of the United States or of any State respecting 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 "(B) authorize any priority or preference to be assigned by the Secretary to the funding of the activities under this title; "(6) that the assistance provided under the application will contribute toward building the capacity of the applicant to provide a program on a regular basis, similar to that proposed for assistance, which will be of sufficient size, scope, and quality to promise significant improvement in the education of children of limited English proficiency, and that the applicant will have the resources and commitment to continue the program when assistance under this title is reduced or no longer available; "(7) that the applicant will provide or secure training for personnel participating, or preparing to participate, in the program which will assist them to meet State and local certification requirements and that, to the extent possible, college or university credit will be awarded for such training; and "(8) that the provision of assistance proposed in the application is consistent with criteria established by the Secretary, after consultation with the State educational agency, for the purpose of achieving an equitable distribution of assistance under this part within the State in which the applicant is located, taking into consideration—

19-194 O—91—Part 1

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