Page:United States Statutes at Large Volume 90 Part 1.djvu/1278

 90 STAT. 1228

PUBLIC LAW 94-405—SEPT. 10, 1976 (b) In the event that funds become available for making payments under this title for such fiscal year after allocations have been made under subsection (a) for that year, the amounts reduced under subsection (a) shall be increased on the same basis as they were reduced. APPLICATIONS

Submittal to Commissioner. 20 USC 1211b °°*®'

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SEC. 105. (a) No State educational agency shall be entitled to any payment under this title for any fiscal year unless that agency submits j^jj application to the Commissioner at such time, in such manner, and containing or accompanied by such information, as the Commissioner may reasonably require. E a c h such application shall—

(1) provide that the educational programs, services, and activities for which payments under this title are made will be administered by or under the supervision of the agency; (2) provide that payments under this title will be used for purposes set forth in section 103; (3) provide such data and assurances as the Commissioner may prescribe— (A) to demonstrate that the costs of the additional instructional services for which the payment will be made are the direct result of the presence of Indochinese refugee children and that those additional instructional services will actually be provided to those children for the duration of the period for which assistance is made available under this title; and (B) to demonstrate that such payments are distributed between the State educational agency and the local educational agencies within the State in proportion to the contribution to such costs by each such agency; (4) provide assurances that the State educational agency will not finally disapprove in whole or in part any application for funds received under this title without first affording the local educational agency submitting an application for such funds reasonable notice and opportunity for a hearing; (5) provide for making such reports as the Commissioner may reasonably require to perform his functions under this title; and (6) provide assurances— (i) that to the extent consistent with the number of IndoChinese refugee children enrolled in the elementary or secondary nonpublic schools within the district served by a local educational agency, such agency, after consultation with appropriate officials of such schools, shall provide for the benefit of these children secular, neutral, and nonideological services, materials, and equipment necessary for the education of such children; (ii) that the control of funds provided under this paragraph and title to materials, equipment, and property repaired, remodeled, or constructed therewith shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer such funds and property; and (iii) that the provision of services pursuant to this paragraph shall be provided by employees of a public agency or through contract by such public agency with a person, association, agency, or corporation who or which, in the provision of such services, is independent of such elementary or secondary nonpublic school and of any religious organization;

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