Page:United States Statutes at Large Volume 90 Part 1.djvu/1277

 PUBLIC LAW 94-405—SEPT. 10, 1976

90 STAT. 1227

the amounts to which all States are entitled under subsection (b) of this section for that fiscal year. If the aggregate of the amounts, determined by the Commissioner pursuant to the preceding sentence, to be so needed for any fiscal year exceeds an amount equal to such 1 per centum limitation, the entitlement of each such jurisdiction shall be reduced proportionately until such aggregate does not exceed such 1 per centum limitation. (d) Determinations with respect to the number of Indochinese refugee children by the Commissioner under this section for any fiscal year shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate, because of an underestimate, to deprive any State educational agency of its entitlement to any payment (or the amount thereof), under this section to which such agency would be entitled had such determination been made on the basis of accurate data. USES OF FUNDS

SEC. 103. (a) Financial assistance to State and local educational 20 USC 1211b agencies under this title shall be available only to meet the cost of note. providing Indochinese refugee children— (1) supplementary educational services necessary to enable those children to achieve a satisfactory level of performance including, but not limited to— (A) English language instruction, (B) other bilingual educational services, and (C) special materials and supplies; (2) additional basic instructional services which are directly attributable to the presence in the school district of Indochinese refugee children, including the cost of providing additional classroom teachers and additional teaching materials and supplies, but not including overhead costs, costs of construction, acquisition or rental of space, or costs of transportation; and (3) special inservice training for personnel who will be providing instruction described in either paragraph (1) or (2). (b) The Commissioner shall by regulation prescribe standards for Standards. the determination of the actual additional expenditures incurred by State and local educational agencies in providing educational services for Indochinese refugee children. Such standards may include— (1) maximum incremental costs for providing basic educational services in relation to the number of additional children; (2) maximum allowable costs for particular types of supplementary educational services; and (3) to the extent consistent with this section, categories of programs, services, and expenditures for which funds provided under this title may be used. ALLOCATION OF APPROPRIATIONS

SEC. 104. (a) If the sums appropriated for the fiscal year 1976 for 20 USC 1211b making the payments provided for in this title are not sufficient to pay note. in full the total amounts which State educational agencies are entitled to receive under this title for such year, the allocations to such State educational agencies shall be ratably reduced to the extent necessary to bring the aggregate of such allocations within the limits of the amount so appropriated.

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