Page:United States Statutes at Large Volume 92 Part 2.djvu/983

 PUBLIC TAW 95-561—NOV. 1, 1978

92 STAT. 2263

"(1) the need for assistance based on the expense or difficulty of effectively carrying out a plan described in section 606(a) and the program or projects for which assistance is sought; "(2) the degree to which implementation of the plan described in section 606(a) has effected or will effect a decrease in minority group isolation in minority group isolated schools; > "(3) the recentnpRs of the implementation of the plan described in section 606(a); "(4) the degree to which the program or project for which assistance is sought affords promise of achieving the purposes of this title; and "(5) the degree to which the plan described in section 606 involves to the fullest extent practicable the total educational resources, both public and private, of the community to be served. " (e)(1) An application of a local educational agency for assistance Duration of under this title may cover a period of from one to five years. A new assistance, application shall be required for any assistance under this title for years subsequent to that period. The Assistant Secretary shall base the decision as to the length of time for which an application will be, "• • approved on— "(A) the severity of the problems addressed by the program or project for which assistance is being sought; "(B) the nature of the activities proposed in the application; "(C) the likely duration of the problems addressed by the application; and "(D) such other criteria, established by the Assistant Secretary as will assure the most effective use of this title. "(2) If the Assistant Secretary approves an application of a local educational agency under this title for a period covering more than one fiscal year, no subsequent application shall be required from that agency'^ in any fiscal year during that period unless the agency proposes to carry out, in any such fiscal year, activities not included in the approved application. However, payments to any such agency for any fiscal year subsequent to the first fiscal year for which the application has been approved shall be made only if— "(A) sufficient appropriations are available for making payments in each such subsequent fiscal year; but such payments to applicants which are approved for a period of more than one year shall be made prior to any approval of funding requests from other applicants unless the Assistant Secretary finds that the urgency of needs elsewhere requires a reduction of the level of support for the applicants first approved; "(B) the Assistant Secretary determines that the agency is not ineligiijle for assistance under section 606(d) in each subsequent fiscal year; and "(C) the agency demonstrates, by such means as the Assistant Secretary may prescribe, that satisfactory progress is being made .;,, toward achieving the objectives of the program or projects for which assistance has be«n made available under this title. " (f) The Assistant Secretary shall not give less favorable consideration to the application of a State or local educational agency (including an agency currently classified as legally desegregated by the Secretary) which has voluntarily adopted a plan qualified for assistance under this title (due only to the voluntary nature of the action) than to the

�