Page:United States Statutes at Large Volume 92 Part 2.djvu/897

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2177

deprived child served, are made available for children in such schools; and "(C) the average per pupil expenditure in schools described in subsection (a) (excluding amounts expended under a State compensatory education program) for the fiscal year in which the plan is to be carried out will not be less than such expenditure in such schools in the previous fiscal year. "(c) APPROVAL OF SCHOOL; OPERATION or PROJECT.—(1) The State educational agency shall approve the plan of any local educational agency for a schoolwide project if that plan meets the requirements of subsection (b). "(2) For any school which has such a plan approved, the local educational agency— "(A) shall, in order to carry out the plan, be relieved of any requirements under this title with respect to the commingling of funds provided under this title with funds available for regular programs; "(B) shall not be required to identify particular children as being eligible to participate in programs assisted under this title; and "(C) shall not be required to demonstrate that services provided with funds under this title are supplementary to the services regularly provided in the school. " N O N INSTRUCTIONAL DUTIES

"SEC. 134. Notwithstanding any provision of subpart 3 of this part, 20 USC 2754. personnel paid entirely by funds made available under this title may ^^^' P- ^^" • be assigned to certain limited, rotating, supervisory duties not related to classroom instruction, the benefits of which are not limited to participating children under this title. Such duties may include only those to which similarly situated personnel not hired with funds made available under the title are assigned at the same school site, and for which such similarly situated personnel are paid, and may not exceed the same proportion of total time as similarly situated personnel at the same school site, or 10 per centum of the total time, whichever is less. "PART B—PROGRAMS OPERATED BY STATE AGENCIES

"Subpart 1—Programs for Migratory Children " G R A N T S — ^ ENTITLEMENT AND AMOUNT

"SEC. 141. (a) ENTITLEMENT.—A State educational agency or a com- 20 USC 2761. bination of such agencies shall, upon application, be entitled to receive a grant for any fiscal year under this part to establish or improve, either directly or through local educational agencies, programs of education for migratory children of migratory agricultural workers or of migratory fishermen which meet the requirements of section 142. "(b) AMOUNT or GRANT.— (1) Except as provided in sections 156 and 167, the total grants which shall be made available for use in any State (other than Puerto Rico) for this subpart shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (A) in the case where the average per pupil expenditure in the State is less than 80 per centum of the average per pupil expendi-

39-194 O—80—pt. 2

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