92 STAT. 1330 Report to 25 USC 640c. 25 USC 640c-1. PUBLIC LAW 95-471-OCT. 17, 1978 (2) the Navajo Tribe has, through its duly constituted tribal council and representatives, established a community college within the boundaries of the reservation; (3) the population of the Navajo Tribe and the best area of the Navajo reservation requires that the Navajo Community College expand to better serve the needs of such population: and (4) the Congress has already recognized the need for this institution by the passage of the Navajo Community College Act. AMENDMENT SEC. 203. (a) The Navajo Community College Act (25 U.S.C. 640c) is amended by striking out section 4 and inserting in lieu thereof the following: "STUDY OF FACILITIES NEEDS "SEC. 4. (a) The Secretary shall conduct a detailed survey and study of the academic facilities needs of the Navajo Community College, and shall report to the Congress not later than August 1. 1979, the results of such survey and study. Such report shall include any recommendations or views submitted by the governing body of such College and by the governing body of the Navajo tribe, and shall include detailed recommendations by the Secretary as to the number, type, and cost of academic facilities which are required, ranking each such required. facility by relative need. "(b) Funds to carry out the purposes of this section may be drawn from general administrative appropriations to the Secretary made after the date of enactment of the Tribally Controlled Community College Assistance Act of 1978. "AUTHORIZATION OF APPROPRIATIONS "SEC. 5. (a) (1) For the purpose of making construction grants under this Act, there are hereby authorized to be appropriated such sums as may be necessary for the fiscal year beginning October 1, 1979, and for the two succeeding fiscal years. "(2) Sums appropriated pursuant to this subsection for construetion shall, unless otherwise provided in appropriations Acts, remain. available until expended. "(b) (1) There is further authorized to be appropriated for grants to the Navajo Community College, for any fiscal year beginning on or after October 1, 1979, for operation and maintenance of the college, an amount equal to $4,000 for each full-time equivalent Indian student (determined in accordance with section 2(7) of the Tribally Controlled Community College Assistance Act of 1978) which the Secretary of the Interior estimates will be in attendance at such college during such year. "(2) No grant under this subsection shall exceed— "(A) $4,000 for each such full-time equivalent Indian student in actual attendance at such college; or "(B) the total annual cost of the education program provided by such college, whichever is less. "(3) The Secretary shall make payments, pursuant to grants under this subsection, in advance installments of not less than 40 per centum of the funds available for allotment, based on anticipated or actual numbers of full-time equivalent Indian students or such other fac PUBLIC LAW 95-471-OCT. 17, 1978 tors as determined by the Secretary. Adjustments for overpayments and underpayments shall be applied to the remainder of such funds and such remainder shall be delivered no later than July 1 of each year. "(c) The Secretary of the Interior is authorized and directed to establish by rule procedures to insure that all funds appropriated under this Act are properly identified for grants to the Navajo Community College and that such funds are not commingled with appropriations historically expended by the Bureau of Indian Affairs for programs and projects normally provided on the Navajo Reservation for Navajo beneficiaries.". 92 STAT. 1331 (b) Nothing in this title or in the amendment made by this title 25 USC 640c-1 shall be deemed to authorize appropriations for the fiscal year begin- note. ning October 1, 1978. Approved October 17, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1558, accompanying H.R. 9158 (Comm. on Education and Labor). SENATE REPORT No. 95-582 (Comm. on Indian Affairs). CONGRESSIONAL RECORD: Vol. 123 (1977): Nov. 4, considered and passed Senate. Vol. 124 (1978): Sept. 26, H.R. 9158 considered and passed House; passage Oct. 3, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 14, No. 41 (1978): Oct. 17, Presidential statement. PUBLIC LAW 95-561-NOV. 1, 1978 92 STAT. 2143 Public Law 95-561 95th Congress An Act To extend and amend expiring elementary and secondary education programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act be cited as the "Education Amendments of 1978". TABLE OF CONTENTS may TITLE I-AMENDMENT TO TITLE I OF THE ELEMENTARY AND Sec. 101. Special educational programs and projects for educationally deprived "TITLE I-FINANCIAL ASSISTANCE TO MEET SPECIAL EDUCATIONAL NEEDS OF CHILDREN "Sec. 101. Declaration of policy. "Sec. 102. Duration of assistance. "PART A-PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES "Subpart 1-Basic Grants "Sec. 111. Grants-Amount and eligibility. "Sec. 112. Treatment of earnings for purposes of aid to families with dependent children. "Subpart 2-Special Grants "Sec. 116. Special incentive grants. "Sec. 117. Grants for local educational agencies in counties with especially high concentrations of children from low-income families. "Subpart 3 Program Requirements and Applications "Sec. 121. Local program application. "Sec. 122. Designating school attendance areas. "Sec. 123. Children to be served. "Sec. 124. Requirements for design and implementation of programs. "Sec. 125. Parental involvement. "Sec. 126. Funds allocation. Nov. 1, 1978 [H.R. 15] Education Amendments of 1978. 20 USC 2701 note. "Sec. 127. Accountability. "Sec. 128. Complaint resolution. "Sec. 129. Individualized plans. "Sec. 130. Participation of children enrolled in private schools. "Subpart 4-Exemptions From Certain Program Requirements "Sec. 131. Exclusions from excess costs and comparability provisions for certain special State and local programs. "Sec. 132. Limited exemption to supplement, not supplant, requirement where certain special programs for educationally deprived children are fully funded. "Sec. 133. Schoolwide projects. "Sec. 134. Noninstructional duties. 92 STAT. 2144 PUBLIC LAW 95–561–NOV. 1, 1978 "PART B-PROGRAMS OPERATED BY STATE AGENCIES "Subpart 1-Programs for Migratory Children "Sec. 141. Grants-Entitlement and amount. "Sec. 142. Program requirements. "Sec. 143. Coordination of migrant education activities. "Subpart 2-Programs for Handicapped Children "Sec. 146. Amount and eligibility. "Sec. 147. Program requirements. "Subpart 3-Programs for Neglected and Delinquent Children "Sec. 151. Amount and entitlement. "Subpart 4-General Provisions for State Operated Programs "Sec. 156. Reservation of funds for territories. "Sec. 157. Minimum payments for State operated programs. "PART C-STATE ADMINISTRATION OF PROGRAMS AND PROJECTS "Subpart 1-Applicability; State Applications "Sec. 161. Applicability. "Sec. 162. State applications. "Subpart 2-Duties Imposed on State Educational Agencies "Sec. 164. Application approval. "Sec. 165. State rulemaking. "Sec. 166. Technical assistance and dissemination of information. "Sec. 168. Complaint resolution. "Sec. 169. Withholding of payments. "Sec. 170. Audits and audit resolution. "Subpart 3 Responsibilities of State Educational Agencies to Commissioner "Sec. 171. State monitoring and enforcement plans. "Sec. 172. Reporting. "Sec. 173. Recordkeeping, fiscal control, and fund accounting. "Sec. 174. Prohibition of consideration of Federal aid in determining State aid. "PART D-FEDERAL ADMINISTRATION of Programs AND PROJECTS "Sec. 181. Applicability. "Sec. 182. Approval of applications. "Sec. 183. Program evaluation. "Sec. 184. Complaint resolution. "Sec. 185. Audits and audit resolution. "Sec. 186. Withholding of payments. "Sec. 188. Enforcement report. "PART E-PAYMENTS "Sec. 191. Payment methods. "Sec. 192. Amount of payments to local educational agencies. "PART F-GENERAL PROVISIONS "Sec. 195. Judicial review. "Sec. 196. National Advisory Council. PUBLIC LAW 95–561–NOV. 1, 1978 92 STAT. 2145 "Sec. 197. Limitation on grant to Puerto Rico. "Sec. 198. Definitions.". Sec. 102. Study of alternatives for demonstrating comparability. TITLE II-ESTABLISHMENT OF A NEW TITLE II OF THE ELEMENTARY Sec. 201. Basic skills. "TITLE II-BASIC SKILLS IMPROVEMENT "Sec. 201. Purpose. "PART A-NATIONAL PROGRAM "Sec. 202. Applications. "Sec. 203. Acceptance of gifts. "Sec. 204. Grants and contracts. "Sec. 205. Instruction in basic skills. "Sec. 206. Parental participation in basic skills instruction. "Sec. 207. Use of technology in basic skills instruction. "Sec. 208. Involvement of educational agencies and private organizations. "Sec. 210. Coordination. "PART B-STATE BASIC SKILLS IMPROVEMENT PROGRAM "Sec. 221. Statement of purpose. "Sec. 222. Agreements with State educational agencies. "Sec. 223. Distribution of funds. "Sec. 224. State leadership program. "PART C-SPECIAL PROGRAMS FOR IMPROVING BASIC SKILLS "Sec. 231. Inexpensive book distribution program for reading motivation. "Sec. 232. Special mathematics program. "PART D-GENERAL PROVISIONS "Sec. 241. Authorization of appropriations. "Sec. 242. Apportionment of appropriations.”. TITLE III-ESTABLISHMENT OF A NEW TITLE III OF THE ELEMEN- Sec. 301. Special projects. "TITLE III-SPECIAL PROJECTS "PART A-GENERAL PROVISIONS "Sec. 301. Statement of purpose. "Sec. 302. Grants and contracts authorized. "Sec. 303. Commissioner's discretionary projects. "PART B-METRIC EDUCATION "Sec. 311. Short title; declaration of purpose. "Sec. 312. Program authorized. "Sec. 313. Application. "Sec. 314. Authorization of appropriations. "PART C-ARTS IN EDUCATION "Sec. 321. Short title; statement of findings. "Sec. 322. Program authorized. "Sec. 323. Authorization of appropriations. 36-930 O-79-56 |