Page:United States Statutes at Large Volume 108 Part 5.djvu/269

 PUBLIC LAW 103-382—OCT. 20, 1994 108 STAT. 3759 "(h) OTHER FUNDS.—Notwithstanding any other provision of law, a local educational agency receiving funds under this section may also receive funds under section 6 of the Act of September 30, 1950 (Public Law 874, 81st Congress) (as such section was in effect on the day preceding the date of enactment of the Improving America's Schools Act of 1994) or such section's successor ~ authority. "(i) MAINTENANCE OF EFFORT.— A local educational agency may receive funds under sections 8002 and 8003(b) for any fiscal year only if the State educational agency finds that either the combined fiscal effort per student or the aggregate expenditures 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 90 percent of such combined fiscal effort or aggregate expenditures for the second preceding fiscal year. "SEC. 8004. POLICIES AND PROCEDURES RELATING TO CHILDREN 20 USC 7704. RESIDING ON INDIAN LANDS. "(a) IN GENERAL. —^A local educational agency that claims children residing on Indian lands for the purpose of receiving funds under section 8003 shall establish policies and procedures to ensure that- 'll) such children participate in programs and activities supported by such funds on an equal basis with all other children; "(2) parents of such children and Indian tribes are afforded an opportunity to present their views on such programs and activities, including an opportunity to make recommendations on the needs of those children and how the local educational agency may help such children realize the benefits of such programs and activities; "(3) parents and Indian tribes are consulted and involved in planning and developing such programs and activities; "(4) relevant applications, evaluations, and program plans are disseminated to the parents and Indian tribes; and "(5) parents and Indian tribes are afforded an opportunity to present their views to such agency regarding such agency's general educational program. "(b) RECORDS. —^A local educational agency that claims children residing on Indian lands for the purpose of receiving funds under section 8003 shall maintain records demonstrating such agenc^s compliance with the requirements contained in subsection (a). "(c) WAIVER.— ^A local educational agency that claims children residing on Indian lands for the purpose of receiving funds under section 8003 shall not be required to comply with the requirements of subsections (a) and (b) for any fiscal year with respect to any Indian tribe from which such agency has received a written statement that the agency need not comply with those subsections because the tribe is satisfied with the provision of educational services by such agency to such children. "(d) TECHNICAL ASSISTANCE AND ENFORCEMENT. — The Secretary shall— "(1) provide technical assistance to local educational agencies, parents, and Indian tribes to enable such agencies, parents, and tribes to carry out this section; and "(2) enforce this section through such actions, which may include the withholding of funds, as the Secretary determines

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