Page:United States Statutes at Large Volume 88 Part 1.djvu/584

 PUBLIC LAW 93-380-AUG. 21, 1974

540 P o s t, p. 542.

Membership.

Post,

p. 544.

Report to Commissioner.

Meetings.

State plan approval.

[88 STAT.

described in section 421(a) for a fiscal year will not be less than the amount so expended for the preceding fiscal year. " (b)(1) The State advisory council, established pursuant to subsection (a), shall— " (A) be appointed by the State educational agency or as otherwise provided by State law and be broadly representative of the cultural and educational resources of the State (as defined in section 432) and of the public, including persons representative of— "(i) public and private elementary and secondary schools, "(ii) institutions of higher education, and "(iii) fields of professional competence in dealing with children needing special education because of physical or mental handicaps, specific learning disabilities, severe educational disadvantage, and limited English-speaking ability or because they are gifted or talented, and of professional competence in guidance and counseling; " (B) advise the State educational agency on the preparation of, and policy matters arising in the administration of, the State plan, including the development of criteria for the distribution of funds and the approval of applications for assistance under this title; " (C) evaluate all programs and projects assisted under this title; and " (D) prepare at least annually and submit through the State educational agency a report of its activities, recommendations, and evaluations, together with such additional comments as the State educational agency deems appropriate, to the Commissioner. "(2) Not less than ninety days prior to the beginning of any fiscal year for which funds will be available for carrying out this title, each State shall certify the establishment of, and membership of (including the name of the person designated as Chairman), its State advisory council to the Commissioner. "(3) Each State advisory council shall meet within thirty days after certification has been accepted by the Commissioner and establish the time, place, and manner of its future meetings, except that such council shall have not less than one public meeting each year at which the public is given an opportunity to express views concerning the administration and operation of this title. "(4) Each State advisory council shall be authorized to obtain the services of such professional, technical, and clerical personnel, and to contract for such other services as may be necessary to enable them to carry out their functions under this title, and the (Commissioner shall assure that funds sufficient for these purposes are made available to each council from funds available for administration of the State plan. "(c) The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsections (a) and (b) of this section. uADMINISTRATION OF STATE PLANS

Notice and hearing opportunity. 20 USC 1804.

"SEC, 404. The Commissioner shall not finally disapprove any State plan submitted under this title, or any modification thereof, without first affording the State educational agency reasonable notice and opportunity for a hearing.

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