Page:United States Statutes at Large Volume 92 Part 2.djvu/1075

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2355

"(2) permit applicants to include provision for reasonable consultation fees or planning costs; and " (3) insure that grants to public agencies and nonprofit private organizations and contracts with public agencies and private organizations for publication and dissemination of curricula or instructional materials, or both, are awarded competitively to such agencies and organizations which provide assurances that the curricula and instructional materials will reach the target populations for which they were developed.". M A I N T E N A N C E OF EFFORT

SEC. 1249. Section 431A of the General Education Provisions Act is amended to read as follows: "MAINTENANCE OF EFFORT DETERMINATION

"SEC. 431A. (a) I n prescribing regulations for carrying out the requirements of section 403(a) (10) for fiscal year 1979 and section 404 (a)(7) for subsequent fiscal years of the Elementary and Secondary Education Act of 1965 and section 307(b) of the Adult Education Act, the Commissioner shall determine the amount so expended on the basis of per pupil or aggregate expenditures. " (b) The Commissioner may waive, for one fiscal year only, the requirements of this section if he determines that such a waiver would be equitable due to exceptional and unforeseen circumstances such as a natural disaster or a precipitous and unforeseen decline in the financial resources of the local educational agency. In any case in which a waiver under this subsection is granted, the Commissioner shall reduce the amount of the Federal payment for the program affected for the current fiscal year in the exact proportion to which the amount expended (either on an average per pupil or aggregate basis) was less than the amount required by section 403(a) (10) for fiscal year 1979, and section 404(a)(7) for subsequent fiscal years of the Elementary and Secondary Education Act of 1965 or section 307(b) of the Adult Education Act. No level of funding permitted under such a waiver may be used as the basis for computing the fiscal effort required, under such sections, for years subsequent to the year covered by such waiver; such fiscal effort shall be computed on the basis of the level of funding which would, but for such waiver, have been required. " (c) The Commissioner shall establish objective criteria of general applicability to carry out the waiver authority contained in this section. " (d) This section shall be effective with respect to each requirement to which it applies, during the period which begins on the date of the enactment of the Education Amendments of 1978, and ends on the date of termination of the program to which the requirement applies. For purposes of the preceding sentence, a program shall be considered to terminate on September 30 of the fiscal year, if any, during which such program is automatically extended pursuant to section 414 of the General Education Provisions Act.".

20 USC 1232-1. 20 USC 1803, 3084. 20 USC 821 note, 1206. Waiver. 20 USC 1232-1.

eriteria.

20 USC 1226a.

PROTECTION or PUPIL RIGHTS

SEC. 1250. Section 439 of the General Education Provisions Act 20 USC 1232h. (relating to protection of pupil rights) is amended by inserting " (a) "

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