Page:United States Statutes at Large Volume 82.djvu/1097

 82 STAT. ]

PUBLIC LAW 90-575-OCT. 16, 1968

1055

duties under this part, and will keep such records and afford such Recordkeeping. access thereto as the State educational agency may find necessary to assure the correctness and verification of such reports. "(b) The State educational agency shall not finally disapprove in whole or in part any application for funds under this part without first affording the local educational agency submitting the application reasonable notice and opportunity for a heiaring. "STATE APPLICATION

"SEC. 314. (a) Any State desiring to participate under this part shall submit through its State educational agency to the Commissioner an application, in such detail as the Commissioner deems necessary, which provides satisfactory assurance— "(1) that payments under this part will be used only for programs and projects which have been approved by the State educational agency pursuant to section 318, and that such agency will in all other respects comply with the provisions of this part, including the enforcement of any obligations imposed upon a local educational agency under section 313. "(2) that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, funds paid to the State (including such funds paid by the State to local educational agencies) under this part; and "(3) that the State educational agency will make to the Commissioner such reports as may be reasonably necessary to enable the Commissioner to perform his duties under this part (including such reports as he may require to determine the amounts which local educational agencies of that State are eligible to receive for any fiscal year), and assurance that such agency will keep such records and afford such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. " (b) An application submitted under this section shall be deemed a State plan for the purposes of sections 1004 and 1005. ^^^ ^^^ 5^'*' uPAYMENTS

"SEC. 315. (a) The Commissioner shall, from time to time pay to each State, in advance or otherwise, the amount which the local educational agencies of that State are eligible to receive under this part. Such payments shall take into account the extent (if any) to which any previous payment to such State educational agency under this part (whether or not in the same fiscal year) was greater or less than the amount which should have been paid to it. " (b) From the funds paid to it pursuant to subsection (a) each State educational agency shall distribute to each local educational agency of the State which has submitted an application approved to pursuant to section 313(a) the amount for which such application has been approved, except that this amount shall not exceed its allotment for the fiscal year under section 312." (c) Paragraph (2) of section 1004(c) of the National Defense Education Act of 1958 is amended, (1) by striking out "title III or V " and inserting in lieu thereof "part A or B of title III or under title V "; and (2) by inserting "part or" before "title or section" each time these words appear in such paragraph.

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