81
STAT.]
PUBLIC LAW 90-247-JAN. 2, 1968
"•(2) The State advisory council, established pursuant to paragraph (1), shall— " (A) be appointed by the State educational agency, and be broadly representative of the cultural and educational resources of the State (as defined in section 304(a)) and of the public, including persons representative of— " (i) elementary and secondary schools, " (ii) institutions of higher education, and "(iii) areas of professional competence in dealing with children needing special education because of physical or mental handicaps; " (B) advise the State educational agency on the preparation of, and policy matters arising in the administration of, the State plan, including the development of criteria for approval of applications under such State plan; " (C) review, and make recommendations to the State educational agency on the action to be taken with respect to, each application for a grant under the State plan; " (D) evaluate programs and projects assisted under this title; " (E) prepare and submit through the State educational agency a report of its activities, recommendations, and evaluations, together with such additional comments as the State educational agency deems appropriate, to the Commissioner and to the National Advisory Council, established pursuant to this title, at such times, in such form, and in such detail, as the Secretary may prescribe; and " (F) obtain such professional, technical, and clerical assistance as may be necessary to carry out its functions under this title. "(b) The Commissioner shall approve a State plan, or modification thereof, if he determines that the plan submitted for that fiscal year— "(1) sets forth a program (including educational needs, and their basis, and the manner in which the funds paid to the State under this title shall be used in meeting such educational needs) under which funds paid to the State under section 307(a) will be expended solely for the improvement of education in the State through grants to local educational agencies for programs or projects in accordance with sections 303 and 304: Provided, That, in the case of a State educational agency that also is a local educational agency, its approval of a program or project to be carried out by it in the latter capacity shall, for the purposes of this title, be deemed an award of a grant by it upon application of a local educational agency if the State plan contains, in addition to the provisions otherwise required by this section, provisions and assurances (applicable to such program or project) that are fully equivalent to those otherwise required of a local educational agency; ... .. "(2) sets forth the administrative organization and procedures, including the qualifications for personnel having responsibilities in the administration of the plan in such detail as the Commissioner may prescribe by regulation; "(3) sets forth criteria for achieving an equitable distribution of assistance under this title, which criteria shall be based on consideration of (A) the size and population of the State, (B) the geographic distribution and density of the population within the State, and (C) the relative need of persons in different geographic areas and in different population groups within the State for the kinds of services and activities described in section 303, and the financial ability of the local educational agencies serving such persons to provide such services and activities;
793
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