Page:United States Statutes at Large Volume 92 Part 2.djvu/891

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2171

deemed to be Federal funds shall be equal to the percentage of the funds used, or intended for use, for the program or project which were Federal funds. "(b) REPORTING.—Each local educational agency which receives funds under this title shall make an annual report and such other reports to the State educational agency, in such form and containing such information (which in the case of reports relating to performance is in accordance with specific performance criteria related to program objectives), as may be reasonably necessary to enable the State educational agency to perform its duties under this title, including information relating to the educational achievement of students participating in programs and projects assisted under this title. "(c) ACCESS TO INFORMATION.—Each local educational agency which applies for or receives funds under this title shall make the application and all pertinent documents related thereto available to parents, teachers, and other members of the general public. a COMPLAINT RESOLUTION

"SEC. 128. Each local educational agency which receives funds under this title shall develop and implement, in accordance with criteria prescribed by the Commissioner, written procedures for the resolution of complaints made to that agency by parent advisory councils, parents, teachers, or other concerned organizations or individuals concerning violations of this title, or of applicable provisions of the General Education Provisions Act in connection with programs under this title. Such procedures shall— "(1) provide specific time limits for investigation and resolution of complaints, which shall not exceed thirty days unless a longer period of time is provided by the State educational agency due to exceptional circumstances in accordance with regulations established by the Commissioner; " (2) provide an opportunity for the complainant or the complainant's representative, or both, to present evidence, including an opportunity to question parties involved; "(3) provide the right to appeal the final resolution of the local educational agency to the State educational agency within thirty days after receipt of the written decision; and " (4) provide for the dissemination of information concerning these procedures to interested parties, including all district and school parent advisory councils.

Written procedures.

20 USC 2738.

Time limits.

Presentation of evidence. Appeal of final resolution. Dissemination of information.

"INDIVIDUALIZED PLANS

"SEC. 129. It is the intent of the Congress to encourage, whenever 20 USC 2739. feasible, the development for each educationally deprived child participating in a program under this title of an individualized educational plan (maintained and periodically evaluated), agreed upon jointly by the local educational agency, the teacher, a parent or guardian of the child, and, when appropriate, the child. "PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS

130. (a) GENERAL REQUIREMENTS.—TO the extent consistent 20 USC 2740. with the number of educationally deprived children in the school district of the local educational agency who are enrolled in private "SEC.

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