Page:United States Statutes at Large Volume 92 Part 2.djvu/884

 92 STAT. 2 1 6 4

PUBLIC LAW 95-561—NOV. 1, 1978 in greatest need of special assistance, but did not meet such requirement in any previous year, and is still educationally deprived, that child may participate in a program or project assisted under this title for the current fiscal year. " (c) CONTINUATION OF ELIGIBILITY FOR EDUCATIONALLY DEPRIVED CHIIJOREN TRANSFERRED TO INELIGIBLE AREAS OR SCHOOLS I N THE S A M E

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YEAR.—Educationally deprived children who begin participation in a program o r project assisted under this title, in accordance with subsections (a) and (b) but who, in the same school year, are transferred to a school attendance area or school not receiving funds under this title, may, if the local agency so determines, continue to participate in a program or project funded under this title for the duration of that same school year. " (d) S K I P P I N G CHILDREN DETERMINED To B E I N GREATEST NEED OF ASSISTANCE W H O A R E RECEIVING SERVICES OF THE S A M E NATURE AND

Regulations.

ScoPE F R O M NON-FEDERAL SOURCES.—The Commissioner shall issue regulations providing for a n exemption to subsection (a) permitting local educational agencies, in providing services under this title, to skip educationally deprived children in greatest need of assistance who a r e receiving, from non-Federal sources, services of the same n a t u r e and scope as would otherwise be provided under this title. "REQUIREMENTS FOR DESIGN AND IMPLEMENTATION OF PROGRAMS

20 USC 2734.

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" SEC. 124. (a) PURPOSE OF PROGRAM.—A local educational agency may use funds received under this title only for program s and p r o j ects which a r e designed to meet the special educational needs of the children referred to in section 123. Such programs and projects may include the acquisition of equipment, payments to teachers of amounts in excess of regular salary schedules as a bonus for service in schools serving project areas, the t r a i n i n g of teachers, and, where necessary, the construction of school facilities, and p l a n n i n g for such program s and projects. "(b)

ASSESSMENT

OF EDUCATIONAL

NEED.—A

local

educational

agency may receive funds under this title only if i t makes an assessment of educational needs each year to (1) identify educationally deprived children in all eligible attendance areas and to select those educationally deprived children who have the greatest need for special assistance; (2) identify the general instructional areas on which the program will focus; and (3) determine the special educational needs of participating children with specificity sufficient to facilitate development of high-quality programs and projects. " (c) P L A N N I N G. — A local educational agency may use funds received under this title for planning only if (1) the planning relates directly to programs or projects to be assisted under this title and has resulted, or is reasonably likely to result, i n a program or project to be assisted under this title, and (2) such funds are needed because of the innovative nature of the program or project or because such agency lacks the resources necessary to plan adequately for programs and projects to be assisted under this title. The amount a local educational agency may use for plans for any fiscal year may not exceed 1 p e r centum of the amount determined for that agency for that year pursuant to section 111 or $2,000, whichever is greater. "(d)

S U F F I C I E N T S I Z E, SCOPE, AND Q U A L I T Y. — A local educational

agency may use funds received under this title only for program s and

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