Page:United States Statutes at Large Volume 81.djvu/852

 818

soStat.^^im'. 20 USC 241a "°^^"

PUBLIC LAW 90-247-JAN. 2, 1968

[81 STAT.

" (3) set forth a program of such size, scope, and design as will make a substantial step toward achieving the purpose of this title; " (4) set forth policies and procedures which assure that Federal funds made available under this title for any fiscal year will be so used as to supplement and, to tli6 extent practicable, increase the level of funds (including funds made available under title I of t^^^ '^^^) t^^^^ would, in the absence of such Federal funds, be made available by the applicant for the purposes described in section 704, and in no case supplant such funds; " (5) 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 title; "(6) provide for making an annual report and such other reports, in such form and containing such information, as the Commissioner may reasonably require to carry out his functions under this title and to determine the extent to which funds provided under this title have been effective in improving the educational opportunities of persons in the area served, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports; "(7) provide assurance that provision has been made for the participation in the project of those children of limited Englishspeaking ability who are not enrolled on a full-time basis; and " (8) provide that the applicant will utilize in programs assisted pursuant to this title the assistance of persons with expertise in the educational problems of children of limited English-speaking ability and make optimum use in such programs of the cultural and educational resources of the area to be served; and for the purposes of this paragraph, the term 'cultural and educational resources' includes State educational agencies, institutions of higher education, nonprofit private schools, public and nonprofit private agencies such as libraries, museums, musical and artistic organizations, educational radio and television, and other cultural and educational resources. " (b) Applications for grants under title may be approved by the Commissioner only if— "(1) the application meets the requirements set forth in subsection (a); " (2) the program set forth in the application is consistent with criteria established by the Commissioner (where feasible, in cooperation with the State educational agency) for the purpnose of achieving an equitable distribution of assistance under this title within each State, which criteria shall be developed by him on the basis of a consideration of (A) the geographic distribution of children of limited English-speaking ability, (B) the relative need of persons in different geographic areas within the State for the kinds of services and activities described in paragraph (c) of section 704, and (C) the relative ability of particular local educational agencies within the State to provide those services and activities; "(3) the Commissioner determines (A) that the program will utilize the best available talents and resources and will substantially increase the educational opportunities for children of limited English-speaking ability in the area to be served by the applicant, and (B) that, to the extent consistent with the number of children enrolled in nonprofit private schools in the area to be served whose educational needs are of the type which this program

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