Page:United States Statutes at Large Volume 90 Part 1.djvu/1280

 90 STAT. 1230

PUBLIC LAW 94-405—SEPT. 10, 1976

(b) As used in this title— (1) The term "Commissioner" means the Commissioner of Education. (2) The term "elementary school" means a day or residential school which provides elementary education, as determined under State law. 22 USC 2601 note" -"

26 USC 501.

(3) The term "Indochinese refugee children" means children who are refugees within the meaning of that term as defined in section 3 of the Indochina Migration and Refugee Assistance Act of 1975. (4) The term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public e l e m e n t a r j or secondary schools. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school,

(5) The term "secondary school" means a day or residential school which provides secondary education, as determined under State law. (6) The term "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. (7) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or if there is no such officer or agency, an officer or agency designated by the Governor or by State law. (8) The term "elementary or secondary nonpublic schools" means schools which comply with the compulsory education laws of the State and which are exempt from taxation under section 501(c)(3) of the Internal Revenue Code. STATE

20 USC 1211b mote,

ENTITLEMENTS

SEC. 202. (a) The Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for the period July 1, 1976, through September 30, 1977, for the purposes set forth in section 203. (b)(1) Except as provided in subsection (d) of this section, the maximum amount of the g r a n t to which a State educational agency is entitled under this title, for the period beginning July 1, 1976, and ending September 30, 1977, shall be equal to the sum of—

(A) the number of Indochinese refugee children aged 5 to 17, ^ inclusive, receiving public educational services under the supervision of each local educational agency within that State during the period for which the determination is made; multiplied by— (B) the lesser of— (i) $300 for each of the first one hundred such children who are furnished such services under the supervision of each local educational agency within such State, or (ii) if the number of such children equals or exceeds 1 per centum of the total number of children enrolled in the schools ' ' -' * • '; '^ of that agency, $300 for each such child in such 1 per centum

�