Page:United States Statutes at Large Volume 92 Part 2.djvu/1029

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2309

"(2) Any sums which remain from the amounts available under paragraph (2)(B) of subsection (c) after making payments required by the first sentence of paragraph (1) of this subsection shall be allocated by the Commissioner among local educational agencies which have unsatisfied entitlements under sections 3 and 4 in accordance with 20 USC 238, 239. appropriations Acts.". HEARINGS

SEC. 1008. Section 5 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by adding at the end thereof 20 USC 240. the following new subsection: "(g) Each local educational agency which is adversely affected or aggrieved by any action of the Commissioner under this title shall be entitled to a hearing on, and review of, such action in the same manner as if such agency were a person under the provisions of chapters 5 and 7 of title 5, United States Code.". 5 USC 500, 701. CHILDREN FOR W H O M LOCAL AGENCIES ARE UNABLE TO PROVIDE EDUCATION

SEC. 1009. (a) Section 6(a)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by inserting after 20 USC 241. ''(5) the Performance Rating Act of 1950, as amended (5 U.S.C. 2001 ot seq.)." the following: "Personnel provided for under this subsec- 5 USC 4301 tion outside of the continental United States, Alaska, and Hawaii, ^^*^9shall receive such compensation, tenure, leave, hours of work, and other incidents of employment on the same basis as provided for similar positions in the public schools of the District of Columbia.". (b) Section 6(c) of such Act is amended by striking out everything after "United States" and inserting in lieu thereof the following: "in a grade, position, or classification subject by policy and practice to transfer or reassignment to areas where English is the language of instruction in the schools normally attended by children of Federal • employees. Dependents of excepted service professional employees of the schools shall be elijrible to attend the schools. In any case where education is being provided under an arrangement made under this subsection, it shall be presumed that no local educational agency is able to provide suitable free public education for the children of eligible pfTrents employed by the United States until the Commissioner determines, after consultation with the appropriate State educational agency, that a local educational agency is able to do so.". (c) Section 6(d) of such Act is amended bj'^ inserting at the end thereof the following: "The Commissioner shall ensure that funds provided under such arrangement or arrangements are expended in an efficient manner, and shall require an accounting of funds by such agency at least on an annual basis. The Commissioner shall further be provided with data relating to the quality and type of education provided to such children under such arrangement or arrangements.". (d) Section 6 of such Act is further amended by adding at the end thereof the following new subsections: "(g) The Commissioner shall ensure the establishment of an elective school board in schools assisted under this section. Such school lx)ard shall be composed of a minimum of three members, elected by the parents of students in attendance at such school. The Commissioner shall, by regulation, establish procedures for carrying out such school board elections as provided in this subsection.

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