Page:United States Statutes at Large Volume 92 Part 2.djvu/903

 PUBLIC LAW 95-561—NOV. 1, 1978

9 2 STAT. 2183

enactment of the Education Amendments of 1978 or under subpart 1 Ante, p. 2143. of this part, whichever was in effect for such prior fiscal year. " P A R T C — S T A T E ADMINISTRATION OF PROGRAMS AND PROJECTS

" Subpart 1—Applicability; State Applications "APPLICABILITY

" SEC. 161. The provisions of this part (other than section 162 and 20 USC 2801. subpart 3) shall apply in any fiscal year i n which the provisions of section 510(b)(2) of this Act are not met. Post, p. 2247. u STATE APPLICATIONS "SEC.

162. (a)

SUBMISSION o r STATE APPLICATIONS.—Any State

20 USC 2802.

desiring to participate under this title (except with respect to the program provided for in subpart 1 of part B relating to migratory children) shall have on file with the Commissioner an application submitted by its State educational agency. " (b) CONTENTS OF STATE APPLICATION S. — E a c h application required

by subsection (a) shall contain (1) satisfactory assurances that the State educational agency will comply with the requirements of this part, and (2) such information as the Commissioner may consider necessary for him to make the findings required by section 182.

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" Subpart 2—Duties Imposed on State Educational Agencies "APPLICATION "SEC.

APPROVAL

164. (a) REQUIREMENTS FOR APPROVAL.— (1) A State educa-

20 USC 2811.

cational agency shall approve an application of a local educational agency or a State agency under this title if (A) such State educational agency is satisfied, after considering the factors specified in paragraph (2), that such applicant agency will use the funds received under the application in a manner which meets the requirements of this title, the General Education Provisions Act, and the rules, regulations, 20 USC 1221. procedures, guidelines, criteria, or other requirements adopted by such agency which pertain to programs and projects assisted under this title, and (B) such applicant agency is not out of compliance with a determination of the State educational agency or the Commissioner that it repay funds paid it under this title which were misused, and is ..., not out of compliance with a compliance agreement under section '"'"' 169 r e). " (2) A state educational agency may approve an application under paragraph (1), only after it has considered, where pertinent, (A) the results of Federal and State audits, (B) the results of Federal and State monitoring reports, (C) administrative complaints made by parents or other individuals concerning the applicant agency's compliance with this title, and (D) evaluations conducted under section 124(g). (b) PAYMENTS.—Except as provided in section 194, a State educational agency may make payments from funds received under this title onlv for programs and projects which it has approved under subsection (a).

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