Page:United States Statutes at Large Volume 90 Part 1.djvu/1282

 90 STAT. 1232

PUBLIC LAW 94-405—SEPT. 10, 1976 be ratably reduced to the extent necessary to bring the aggregate of such allocations within the limits of the amount so appropriated. (b) In the event that funds become available for making payments under this title for such period after allocations have been made under subsection (a) for that period, the amounts reduced under subsection (a) shall be increased on the same basis as they were reduced. APPLICATIONS

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SEC. 205. (a) No State educational agency shall be entitled to any payment under this title for any period unless that agency submits an application to the Commissioner at such time, in such manner, and containing or accompanied by such information, as the Commissioner may reasonably require. Each 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 203; (3) provide assurances that such payments will be distributed among local educational agencies within that State in accordance with sections 202(b)(1) and 202(d); (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 periodic reports to the Commissioner evaluating the effectiveness of the payments made under this title, and such other 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 nublic 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; 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.

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