Page:United States Statutes at Large Volume 92 Part 2.djvu/959

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2239

five fiscal years (excluding any period for which such agency received a planning grant for such activity), subject to the availability of appropriations for this part of each fiscal year. The amount provided to a local educational agency for any activity under this part shall decline after the third year, in accordance with criteria prescribed by the Commissioner, in order to ensure that successful practices developed with assistance under this part will be adopted and supported as part of the regular program of such agency. "(b)(1) From sums made available to each State under this part, Allocation of the following sums shall be allocated for activities under section 431 funds, (a)(6), relating to plans for improved school management and the percentage. coordinated use m schools of all available resources: "(A) In fiscal year 1980, not less than 5 percent of any amount by which the amount available for this part in fiscal year 1980 exceeds the amount so available in fiscal year 1979. "(B) I n fiscal year 1981 and in each succeeding fiscal year, not less than 10 percent of any amount by which the amount available for this part in such year exceeds the amount so available in fiscal year 1979. "(2) No activity under section 431(a)(6) shall be approved by Activity approval. the State educational agency unless the proposal therefor has been developed in consultation with, and has been approved by, a committee composed of administrators, teachers, other staff at the school, and parents whose children attend the school. "(c) Not less than 15 per centum of the amount received by a State under this part in any fiscal year shall be used for special programs or projects meeting the purposes of this part for the education of handicapped children. For the purpose of this part, the term 'handicapped "Handicapped children' has the meaning set forth in section 602(1) of the Education children." of the Handicapped Act. 20 USC 872. "(d) Subject to section 406(d) and (e), a State educational agency Local educational shall not approve the application of a local educational agency for assistance, assistance under this part unless the State educational agency deter- determination. mines that in designing the proposal to which that application relates, the needs of children in nonprofit private schools have been taken into account through consultation with private school officials and other means. "PART

D—GuroANCE, COUNSELING, li

AND TESTING

PROGRAM AUTHORIZED

"SEC. 441. (a) The Commissioner shall carry out a program for Grants. making grants to States (pursuant to State plans approved under 20 USC 3121. section 404) for— "(1) State leadership and supervisory services in the fields of guidance, counseling, and testing; and " (2) comprehensive guidance, counseling, and testing programs in elemental^ and secondary schools throughout the State, including such services as— "(A) elementary and secondary school counseling, "(B) in-service training for guidance and counseling personnel, "(C) supervision and leadership services at the local level, "(D) program planning and development, " (E) special guidance and counseling programs suited to

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