Page:United States Statutes at Large Volume 92 Part 2.djvu/901

 PUBLIC LAW 95-561—NOV. 1, 1978 are designed to meet the special educational needs of handicapped children. Such programs and projects shall be administered and carried out in a manner consistent with subpart 3 of part A, other than sections 122, 123, 125, 1 2 6 (d), 126(e), and 130 thereof. The State agency shall provide assurances to the Commissioner that each such child in average daily attendance counted under subsection (b) of section 146 will be provided with such a program, commensurate with his special needs, during any fiscal year for which such payments are made.

92 STAT. 2181

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" Subpart 3—Programs for Neglected and Delinquent Children "AMOUNT AND ENTITLEMENT

" SEC. 151. (a) ENTITLEMENT TO GRANTS.—A State agency which is 20 USC 2781. directly responsible for providing free public education for children in institutions for neglected or delinquent children or in adult correctional institutions shall be entitled to receive a grant under this subpart for any fiscal year (but only if grants received under this subpart are used only for children in such institutions). " (b) A M O U N T or GRANT.— (1) Except as provided in sections 156 and 157, the g r a n t which such an agency (other than the agency for P u e r to Rico) shall be eligible to receive 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 expenditure in the United States, of 80 per centum of the average per pupil expenditure in the United States, or (B) in the case where the average per pupil expenditure in the State is more than 120 per centum of the average per pupil expenditure in the United States, of 120 per centum of the average per pupil expenditure in the United States) multiplied by the number of such neglected or delinquent children in average daily attendance, as determined by the Commissioner, at schools for such " ' " children operated or supported by that agency, including schools providing education for such children under contract or other arrangement with such agency, in the most recent fiscal year for which satisfactory data are available. " (2) For each fiscal year, the Commissioner shall determine the per- Grants to Puerto centage which the average per pupil expenditure in Puerto Rico is of ^i<^°the lowest average per pupil expenditure of any of the fifty States. The g r a n t which P u e r to Rico shall be eligible to receive under this subpart for a fiscal year shall be the amount arrived at by multiplying the number of such neglected or delinquent children in Puerto Rico by ' the product of— " (A) the percentage determined under the preceding sentence, and " (B) 32 per centum of the average per pupil expenditure in the United States. "PROGRAM REQUIREMENT

" SEC. 152. (a) U S E OF PAYMENTS.—A State agency shall use pay- 20 USC 2782. ments under this subpart only for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of children in institutions for neglected or delinquent children or

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