Page:United States Statutes at Large Volume 92 Part 2.djvu/883

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2163

from low-income families is substantially the same as the proportion of such children in such an area of that agency (hereinafter referred to as an 'eligible school'). " (c) CoNTiNUA'nox o r ELIGIBILITY FOR CERTAIN SCHOOL A T T E N D -

ANCE AREAS OR SCHOOLS.—xAn eligible school attendance area or an eligible school may be designated a project area under subsection (a) or a project school under subsection (b) for a fiscal year, even though it does not qualify under such subsections for that fiscal year, if such area or school was so designated in either of the two preceding fiscal years. " (d) LOWER R A N K E D SCHOOL ATTENDANCE AREAS OR SCHOOLS H A VI N G SUBSTANTIALLY GREATER INCIDENCES OF EDUCATIONALLY DEPRIVED CHILDREN T H A N H I G H E R R A N K E D AREAS OR SCHOOLS.—The

Regulations.

Commissioner shall issue regulations providing for an exception to subsection (a) permitting children in lower ranked eligible school attendance areas or eligible schools having substantially greater incidences of educational deprivation than areas or schools ranked higher under subsections (a) or (b) to receive assistance before such children in higher ranked areas or schools receive such assistance. " (e) S K I P P I N G H I G H E R R A N K E D SCHOOL ATTENDANCE AREAS OR SCHOOLS RECEIVING SERVICES OF THE S A M E NATURE AND SCOPE F R O M

NON-FEDERAL SOURCES.—The Commissioner shall issue regulations Regulations, providing for an exception to subsection (a) or (b) permitting local educational agencies to skip higher ranked eligible school attendance areas or eligible schools receiving, from non-Federal funds, services of the same nature and scope as would otherwise be provided under this title. Whenever children residing in eligible areas and attending private elementary and secondary schools are ineligible for services of the same nature and scope from non-Federal sources, such children shall be selected for programs and projects under this title without regard to the provisions of this subsection. The number of children receiving services under this title who attend private elementary and secondary schools shall be determined in each local educational agency receiving assistance under this title without regard to non-Federal compensatory education funds which serve children in public elementary and secondary schools who are also eligible for assistance under this title. Children attending private elementary and secondary schools who receive assistance under this title shall be identified in accordance with this section and without regard to skipping higher ranked school attendance areas or schools receiving services of the same n a t u r e and scope from non-Federal sources. u CHILDREN TO BE SERVED

" SEC. 123. (a) GENERAL PROVISIONS.—Except as provided in subsec- 20 USC 2733. tions (b), (c), and (d) of this section and section 133, a local educational agency must use funds received under this title for educationally deprived children, identified in accordance with section 124(b) as having the greatest need for special assistance, in school attendance areas or schools satisfying the requirements of section 122. " (b) CONTINUATION OF ELIGIBILITY FOR EDUCATIONALLY DEPRIVED C H I L D R E N W H O A R E N O LONGER I N GREATEST NEED OF ASSISTANCE.—

Whenever for a fiscal year, an educationally deprived child in a school attendance area or school satisfying the requirements of section 122, does not meet the requirement of subsection (a) requiring that he be

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