Page:United States Statutes at Large Volume 91.djvu/1503

 PUBLIC LAW 95-207—DEC. 13, 1977

91 STAT. 1469

serving areas of high incidence and prevalence of youth and adult unemployment, serving sparsely populated areas or serving relatively few students. (c)(1) To the extent consistent with the number of children enrolled Private nonprofit in private nonprofit elementary and secondary schools within the elementary and State, with respect to services described under paragraph (2) of sub- secondary schools, section (a), and within the school district, with respect to payments participation. made to a local educational agency for the purposes described in paragraph (3) of such subsection, after consultation with appropriate private school officials, provision shall be made for the effective participation on an equitable basis of such children and the teachers of such children in such services and in programs assisted with such payments. (2)(A) The control of funds provided under this Act and title to Funds, control materials and equipment therewith shall be in a public agency for the uses and purposes provided in this Act, and a public agency shall administer such funds and property. (B) The provisions of services pursuant to this paragraph shall be Contracts for provided by employees of a public agency or through contract by such services, public agency with a person, an association, agency, or corporation who or which in the provision of such services is independent of such private 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 Act to accommodate students and teachers in nonprofit public schools shall not be commingled with State or local funds. PAYMENTS

SEC. 9. (a)(1) The Commissioner, upon receipt of an application 20 USC 2608. of assurances for fiscal year 1979 which the Commissioner finds to be in compliance with section 6, and upon finding the State to be in compliance with sections 7 and 8 for fiscal years 1980 and 1981, shall pay to the State the amount which it is entitled to receive for each such year under this Act. (2) The Commissioner, upon finding the State to be in compliance with sections 7 and 8 for fiscal years 1982 and 1983 by reviewing the report required to be submitted by the State under section 14 for fiscal years 1980 and 1981, respectively, shall pay to the State the amount which it is entitled to receive for each of the fiscal years 1982 and 1983 under this Act reduced in proportion to the extent to which the Commissioner determines that such State has substantially failed to achieve the objectives for fiscal years 1980 and 1981 set forth in its State plan. (b) Any State receiving funds appropriated under section 4 of this Act may reserve (1) not more than 10 per centum of such funds for State leadership purposes described in paragraph (2) of section 8(a), ^ and (2) not more than 10 per centum of such funds appropriated for the fiscal year 1979, and not more than 5 per centum of the funds appropriated for succeeding fiscal years, for the purposes described in paragraphs (1) and (4) of section 8(a). The remainder of such funds shall be distributed by the State to local educational agencies within that State for the purposes described in paragraph (3) of section 8(a). (c)(1) For the purposes of paying the cost of employing State

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