Page:United States Statutes at Large Volume 102 Part 1.djvu/437

 PUBLIC LAW 100-297—APR. 28, 1988

102 STAT. 399

(3) in the case of an application for payments for planning, provide that— (A) the planning was or will be directly related to programs or projects to be carried out under this subpart and has resulted, or is reasonably likely to result, in a program or project which will be carried out under this subpart, and (B) the planning funds are needed because of the innovative nature of the program or project or because the local educational agency lacks the resources necessary to plan adequately for programs and projects to be carried out under this subpart; (4) provide that effective procedures, including provisions for appropriate objective measurement of educational achievement, will be adopted for evaluating at least annually the effectiveness of the programs and projects in meeting the special educational needs of Indian students; (5) set forth policies and procedures which assure that Federal funds made available under this subpart 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 education of Indian children and in no case supplant such funds; (6) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid to the applicant under this subpart; and (7) provide for making an annual report and such other Reports, reports, in such form and containing such information, as the Records. Secretary may reasonably require to carry out his functions under this subpart and to determine the extent to which funds provided under this subpart have been effective in improving the educationed opportunities of Indian students in the area served, and for the keeping of such records, and the affording of such access thereto, as the Secretary may find necessary to assure the correctness and verification of such reports, (b) APPROVAL OF APPLICATIONS.—An application by a local educational agency or agencies for a grant under this subpart may be approved only if it is consistent with the applicable provisions of this subpart and— (1) meets the requirements set forth in subsection (a); (2) provides that the program or project for which application is made— (A) will utilize the best available talents and resources (including persons from the Indian community) and will substantially incresise the educational opportunities of Indian children in the area to be served by the applicant; and (B) has been developed— (i) in open consultation with parents of Indian children, teachers, and, where applicable, secondary school students, including public hearings at which such persons have had a full opportunity to understand the program for which assistance is being sought and to offer recommendations thereon, and (ii) with the participation and written approval of a committee—

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