Page:United States Statutes at Large Volume 98 Part 2.djvu/1217

 PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2377

education, (ii) the alternative educational programs that are available, and (iii) the nature of the bilingual education program and of the instructional alternatives. Parents shall also be informed that they have the option of declining enrollment of their children in such programs and shall be given an opportunity to do so if they so choose. "(2) Grants made pursuant to subsections (a)(4) and (a)(5) shall be for three years. "(3) Grants made pursuant to subsections (a)(6) and (a)(7) shall be for a period of one to three years. "(e) An application for a grant authorized under subsections (a)(1), (a)(2), and (a)(3) of this section shall— "(1) be developed in consultation with an advisory council, of which a majority shall be parents and other representatives of the children to be served in such programs, in accordance with criteria prescribed by the Secretary; "(2) be accompanied by documentation of such consultation and by the comments which the Council makes on the application; "(3) contain assurances that, after the application has been approved, the applicant will provide for the continuing consultation with, and participation by, the committee of parents, teachers, and other interested individuals which shall be selected by and predominantly composed of parents of children participating in the program, and in the case of programs carried out in secondary schools, representatives of the secondary students to be served; and "(4) include evidence that the State educational agency has been notified of the application and has been given the opportunity to offer recommendations thereon to the applicant and to the Secretary. "(f) An application for a grant under subsections (a)(D, (a)(2), and (a)(3) of this section may be approved only if the Secretary determines— "(1) that the program will use qualified personnel, including only those personnel who are proficient in the language or languages used for instruction; "(2) that in designing the program for which application is made, the needs of the children in nonprofit private elementary and secondary schools have been taken into account through consultation with appropriate private school officials; and, consistent with the number of such children enrolled in such schools in the area to be served whose educational needs are of the type and whose language and grade levels are of a similar t5rpe which the program is intended to address, after consultation with appropriate private school officials, provision has been made for the participation of such children on a basis comparable to that provided for public school children; "(3) that the program will be evaluated in accordance with a plan that meets the requirements of section 733 of this title; Post, p. 2381. "(4) that Federal funds made available for the project or activity will be used so as to supplement the level of State and local funds that, in the absence of those Federal funds, would have been expended for special programs for children of limited English proficiency and in no case to supplant such State and local funds, except that nothing in this clause shall—

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