Page:United States Statutes at Large Volume 92 Part 2.djvu/974

 92 STAT. 2254

PUBLIC LAW 95-561—NOV. 1, 1978 $100,000. The number of such children in each State and in all of the States shall be determined by the Assistant Secretary on the basis of the most recently available satisfactory data. "(b)(1) The amount by which any apportionment to a State for a fiscal year under subsection (a) exceeds the amount which the Assistant Secretary determines will be required for that fiscal year for programs and projects within that State shall be available either— " (A) for reapportionment to other States for which the amount so apportioned is insufficient for approvable programs or projects for that fiscal year, or "(B) for special programs and projects under section 608(a), whichever the Assistant Secretary determines will best achieve the purposes of this title. The Assistant Secretary shall distribute any amounts reapportioned among the States pursuant to clause (A) in proportion to the need of eligible applicants in each such State for approvable programs or projects. "(2) The Assistant Secretary shall not fix a date for reapportionment, pursuant to this subsection, of any portion of any apportionment to a State for a fiscal year which date is earlier than one hundred and twenty days prior to the end of such fiscal year. "(3) Notwithstanding the provisions of paragraph (1) of this subsection, no portion of any apportionment to a State for a fiscal year shall be available for reapportionment pursuant to this subsection unless the Assistant Secretary determines that the application for assistance under this title which have been filed by eligible applicants in that State for which a portion of such apportionment has not been reserved (but which would necessitate use of that portion) are applications which do not meet the requirements of this title, as set forth in sections 606, 607, and 610, or which set forth programs or projects of such insufficient promise for achieving the purposes of this title stated in section 602(b) that their approval is not warranted. uELIGIBILITT FOR ASSISTANCE

20 USC 3196.

42 USC 2000d. / /

"SEC. 606. (a)(1) The Assistant Secretary is authorized to make a grant to, or a contract with, a local educational agency— " (A) which is implementing a plan— "(i) which has been undertaken pursuant to a final order issued by a court of the United States, or a court of any State, or any other State agency or official of competent jurisdiction, and which requires the dese^egation of minority group segregated children or faculty in the elementary and secondary schools of such agency, or otherwise requires the elimination or reduction of minority group isolation in such schools, and which may, in addition, require educational activities in i ininority group isolated schools not affected by the reassignment of children or faculty under the plan in order to remedy the effects of illegal segregation; or "(ii) which has been approved by the Secretary as adequate under title VI of the Civil Eights Act of 1964 for the desegregation of minority group segregated children or factilty in such schools; or "(B). which, without having been required to do so, has adopted imd is implementing, or will, if assistance is made available to it under this title, adopt and implement, a plan for the complete

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