Page:United States Statutes at Large Volume 92 Part 2.djvu/894

 92 STAT. 2 1 7 4

PUBLIC LAW 95-561—NOV. 1, 1978 " (2) a State phase-in program is a program which the Commissioner has determined in advance under subsection (e) meets the requirements of subsection (d) and which the State educational agency determines will be implemented by local educational agencies in accordance with subsection (d). " (c) STATE AND LOCAL CoMPEisrsATORY EDUCATION PROGRAMS SIMILAR

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TO TITLE I PROGRAMS.—A State or local program meets the requirements of this subsection if it is similar to program s assisted under this part. The Commissioner shall consider a State or local program to be similar to programs assisted under this part if— " (1) all children participating i n the program a r e educationally deprived, " (2) the program is based on performance objectives related to educational achievement and is evaluated in a m a n n e r consistent with those performance objectives, " (3) the program provides supplementary services designed to meet the special educational needs of the children w h o are participating, " (4) the local educational agency keeps such records and affords such access thereto as are necessary to assure the correctness and verification of the requirements of clauses (1), (2), and (3) of this subsection, and " (5) the State educational agency monitors performance under the program to assure that the requirements of clauses (1), (2), (3), and (4) of this subsection are met. "(d)

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Ante, p. 2143.

CERTAIN

STATE P H A S E - I N

PROGRAMS.—A

State

education

program which is being phased into full operation meets the requirements of this subsection if the Commissioner is satisfied that— " (1) the program is authorized and governed specifically by the provisions of State law; " (2) the purpose of the program is to provide for the comprehensive and systematic restructuring of the total educational environment at the level of the individual school; " (3) the program is based on objectives, including but not limited to, performance objectives related to educational achievement and is evaluated in a manner consistent with those objectives; " (4) parents and school staff a r e involved in comprehensive planning, implementation, and evaluation of the program; " (5) the program will benefit all children in a particular school or grade-span within a school; " (6) schools participating in a program describe, in a school level plan, program strategies for meeting the special educational needs of educationally deprived children; " (7) the phase-in period of the program is not more than six school years, except that the phase-in period for a program commenced prior to the date of enactment of the Education Amendments of 1978 shall be deemed to begin on the date of enactment of such Amendments; " (8) a t all times during such phase-in period a t least 50 p e r centum of the schools participating in the program are the schools serving project areas which have the greatest number or concentrations of educationally deprived children or children from lowincome families; " (9) State funds made available for the phase-in program will supplement, and not supplant, State and local funds which would, in the absence of the phase-in program, have been provided for schools participating in such program;

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