Page:United States Statutes at Large Volume 92 Part 2.djvu/1013

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2293

"STATE PROGRAMS

"SEC. 904. (a) From the amounts available in any fiscal year under 20 USC 3314. section 903(b)(2), the Commissioner shall make grants to State educational agencies for the Federal share of the cost of planning, developing, operating, and improving programs designed to meet the educational needs of gifted and talented children at the preschool, elementary, and secondary levels. Such programs may include inservice training of personnel to teach such children. "(b)(1) Except as provided in paragraph (2), to the extent funds are available in any fiscal year to carry out the provisions of this section, the Commissioner shall distribute funds so as to assure that ' each State educational agency which submits an application which fully meets all requirements of this section and is approved by the Commissioner will receive not less than $50,000 in that fiscal year. If sums appropriated for any fiscal year for making payments under this subsection are not sufficient to pay in full the amount to which each State educational agency is entitled under the previous sentence, such amounts shall be ratably reduced. "(2) In any fiscal year in which appropriations under this part equal or exceed $15,000,000, the Commissioner shall allot the amount so appropriated in accordance with the provisions of section 906. "(c) Each State educational agency desiring to receive a grant under this section shall submit an application at such time, in such manner and accompanied by such information as is necessary for the purposes of this section. Each such application shall contain assurances that— "(1) funds paid to the State educational agency will be expended solely to plan, develop, operate, and impix)ve programs and projects which— "(A) are designed to identify the educational needs of gifted and talented children, "(B) are of sufficient size, scope, and quality to hold reasonable promise of making substantial progress toward meeting such needs, and "(C) give appropriate consideration to the particular educational needs of disadvantaged gifted and talented children; "(2)(A) the State educational agency will reserve from funds made available under this section in each fiscal year not more than 10 per centum of such funds for the purpose of administration, technical assistance, coordination, and statewide planning related to programs and projects designed to meet the needs of gifted and talented children; "(B) the State educational agency will distribute, on a competitive basis, not less than 90 per centum of the funds made available under this section for payments to local educational agencies within the State which apply to the State educational agency, with due regard for the quality of activities proposed in the application of the local educational agencies; " (3) the State educational agency will use at least 50 per centum of the funds made available under this section for programs and projects which include a component for the identification and education of disadvantaged gifted and talented children from lowincome families; "(4) the State educational agency and the local educational agencies within the State may use funds made available under this

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