Page:United States Statutes at Large Volume 92 Part 2.djvu/975

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2255

elimination of minority group isolation in all the minority group isolated schools of such agency; or "(C) which has adopted and is implementing, or will, if assistance is made available to it under this Act, adopt and implement a plan— "(i) to eliminate or reduce minority group isolation in one or more of the minority group isolated schools of such agency, " (ii) to reduce the total number of minority group children who are in minority group isolated schools of such agency, or " (iii) to prevent minority group isolation reasonably likely to occur (in the absence of assistance under this title) in any school in such district in which school at least 20 per centum, but not more than 50 per centum, of the enrollment consists of such children, or "(D) which, without having been required to do so, has adopted and is implementing, or will, if assistance is made available to it under this title, adopt and implement a plan to enroll and educate in the schools of such agency children who should not otherwise be eli^ble for enrollment because of nonresidence in the school district of such agency, where such enrollment would make I a signiJ&cant contribution toward reducing minority group isolation in one or more of the school districts; or " (E) which is developing a plan of desegregation— "(i) issued by a court of the United States or a court of any State, or any other State agency or official of competent jurisdiction, or "(ii) undertaken by such agency voluntarily, and which plan will require the desegregation of minority group segregated children or faculty in the elementary and secondary schools of such agency, or otherwise will require the elimination or reduction of minority group isolation in such schools, or which has been approved by the Secretary as adequate under title VI of the Civil Eights Act of 1964 for the desegregation of minority 42 USC 2000d. group segregated children or faculty in such schools, and the period for such planning does not exceed two years. Grants under clause (E) shall be from funds appropriated to carry out the purposes of section 608, and not more than one grant for the development of a plan under clause (E) of this paragraph may be made to any local educational agency. Receipt of a grant or contract under clause (E) of this paragraph shall not be used as an absolute defense in any court of the United States, or a court of any State, or before any other State agency or official of competent jurisdiction. "(2)(A) The Assistant Secretary is authorized, in accordance with special eligibility criteria established by regulation for the purposes of this paragraph, to make grants to, and contracts with, local educational agencies for the purposes of section 609(a)(1). " (B) A local educational agency shall be eligible for assistance under Assistance, eligibility, this paragraph only if— "(i) such agency is located within, or adjacent to, a Standard conditions. Metropolitan Statistical Area; "(ii) the schools of such agency are not attended by minority group children in a significant number or proportion: and "(lii) such local educational agency has made joint arrangements with a local educational agency, located within that Standard Metropolitan Statistical Area, and the schools of which are

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