102 STAT. 1478
PUBLIC LAW 100-418—AUG. 23, 1988
(2) If by reason of any provision of law a State or local educational agency is prohibited from providing for the participation of children from private schools as required by paragraph (1), or if the Secretary determines that a State or local educational agency has substantially failed or is unwilling to provide for such participation on an equitable basis, the Secretary shall waive such requirements and shall arrange for the provision of services to such children which shall be subject to the requirements of this subsection. Such W£dvers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with paragraphs (3) and (4) of section 557(b) of the Education Consolidation and Improvement Act of 1981. 20 USC 5014. SEC. 6024. ALLOTMENT. Territories, U.S. (a) GENERAL RuLE.—(1) From the sums appropriated to carry out this subchapter in any fiscal year, the Secretary shall reserve 1 percent for payments to Guam, American Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands, to be allotted in accordance with their respective needs. (2) From the remainder of such sums the Secretary shall allot to each State an amount which bears the same ratio to the amount of such remainder as the school age population of the State bears to the school age population of ^ 1 States, except that no State shall receive less than an amount equal to one-half of 1 percent of such remainder. (b) AVAILABILITY OF FUNDS.—The allotment of a State under subsection (a) shall be made available to the State for 2 additional years after the first fiscal year during which the State receives its allotment under this section if the Secretary determines that the funds made available to the State during the first such year were used in the manner required under the State's approved application. SEC. 6025. DEFINITIONS. 20 USC 5015. (a) GENERAL RULE.—For the purpose of this subchapter, the term "foreign language instruction" means instruction in critical foreign languages as defined by the Secretary. (b) SPECIAL RULE.—For the purpose of section 6024— (1) the term "school age population" means the population aged 5 through 17; and (2) the term "States" includes the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico. SEC. 6026. AUTHORIZATION OF APPROPRIATIONS. 20 USC 5016. There are authorized to be appropriated $20,000,000 for the fiscal year 1988 to carry out this subchapter. Subchapter B—Presidential Award for Languages 20 USC 5021.
District of Puerto lUco
SEC. 6027. PRESIDENTIAL AWARDS. (a) GENERAL AuxHORrrY.—The President is authorized to make Presidential Awards for Teaching Excellence in Foreign Languages to elementary and secondary school teachers of foreign languages who have demonstrated outstanding teaching qualifications in the field of teaching foreign languages. (5) SELECTION PROCEDURES.—The President is authorized to make ^^^ awards under subsection (a) of this section. In selecting ele-
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