Page:United States Statutes at Large Volume 90 Part 1.djvu/1279

 90 STAT. 1229

PUBLIC LAW 94-405—SEPT. 10, 1976

and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this paragraph shall not be commingled with State or local funds, (b) The Commissioner shall approve an application which meets Approval. the requirements of subsection (a). The Commissioner shall not finally Notice and disapprove an application of a State educational agency except after hearing. reasonable notice and opportunity for a hearing on the record to such agency. PAYMENT

SEC. 106. (a) The Commissioner shall pay to each State educa- 20 USC 1211b tional agency having an application approved under section 105 the note. amount which that State is entitled to receive under section 102. (b) The Commissioner is authorized to pay to each State educational agency amounts equal to the amounts expended by it for the proper and efficient administration of its functions under this title, except that the total of such payments for any fiscal year shall not exceed 1 per centum of the amounts to which that State educational agency is entitled to receive for that year under this title. (c) If a State is prohibited by law from providing public educa- Waiver. tional services for children enrolled in elementary and secondary nonpublic schools, as required by section 105(a)(6), the Commissioner may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this title. WITHHOLDING

SEC. 107. Whenever the Commissioner, after reasonable notice and opportunity for a hearing to any State educational agency, finds that there is a failure to meet the requirements of this title, the Commissioner shall notify that agency that further payments will not be made to the agency under this title, or in his discretion, that the State educational agency shall not make further payments under this title to specified local educational agencies (whose actions cause or are involved in such failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made to the State educational agency under this title or payments by the State educational agency under this title shall be limited to local educational agencies whose actions did not cause or were not involved in the failure, as the case may be.

Notice and hearing. 20 USC 1211b note.

AUTHORIZATION OF APPROPRIATIONS

SEC. 108. There are authorized to be appropriated for fiscal year 20 USC 1211b 1976 such sums as may be necessary to make payments to which State note. educational agencies are entitled under this title and payments for administration under section 106(b). TITLE II—PROGEAM FOR THE TRANSITION AND THE 1977 FISCAL YEAR

PERIOD

APPLICABILITY: DEFINITIONS

SEC. 201. (a) The provisions of this title shall be applicable for 20 USC 1211b the period beginning July 1, 1976, and ending September 30, 1977. note.

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