84 STAT. ]
PUBLIC LAW 91.230-APR. 13, 1970
123
AMENDMENTS WITH RESPECT TO HANDICAPPED AND NEGLECTED OR DELINQUENT CHILDREN
SEC. 105. (a) Paragraph (5) of section 103(a) of title I of the Elementary and Secondary Education Act of 1965 is amended to read 79 Stat. nei; «n
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^ 81 Stat. 787. as follows: 20 USC 24ic "(5) In the case of a State agency which is directly responsible for providing free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education), the maximum grant which that agency shall be eligible to receive under this part for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in the State or, if reater, m the United States, multiplied by the number of such chilren in average daily attendance, as determined by the Commissioner, at schools for handicapped children operated or supported by the State agency, including schools providing special education for handicapped children under contract or other arrangement with such State a ^ n c y, in the most recent fiscal year for which satisfactory data are available. Such State agency shall use payments under this part only for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of such children." (b) Paragraph (7) of section 103(a) of such title I is amended by ^o Stat. 1194. inserting after "supported by that State agency" the following: ", including schools providing education for such children under contract or other arrangement with such agency,". (c) The amendments made by this section shall be effective after Effective date. June 30, 1970.
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R E Q U I R I N G GRANTS FOR MIGRATORY CHILDREN TO BE BASED ON THE NUMBER TO BE SERVED
SEC. 106. (a) The first sentence of paragraph (6) of section 103(a) of title I of the Elementary and Secondary Education Act of 1965 is, so Stat. 1192. effective with the first allocation of funds pursuant to such title by the Commissioner after the date of enactment of this Act, amended to read as follows: "A State educational agency which has submitted and had Stat. 1192. approved an application under section 105(c) for any fiscal year shall 80 USC 241e. 20 be entitled to receive a grant for that year under this part, based on the number of migratory children of migratory agriculture workers to be served, for establishing or improving programs for such children." (b) The second sentence thereof is amended by striking "shall be" the first time it appears and inserting in lieu thereof "may be made"; and by inserting immediately before the period in such second sentence the following: ", except that if, in the case of any State, such ^^t?..:? 1, amount exceeds the amount required under the preceding sentence and under section 105(c)(2), the Commissioner shall allocate such excess, to the extent necessary, to other States whose maximum total of grants under this sentence would otherwise be insufficient for all such children to be served in such other States". USE OF MOST R E C E N T DATA UNDER TITLE I
SEC. 107. (a) The third sentence of section 103(d) of title I of the Elementary and Secondary Education Act of 1965 is amended by so Stat. 1195; inserting immediately before the period at the end thereof the fol- ^^ ^'^** ^^'** lowing: "or, to the extent that such data are not available to him before April 1 of the calendar year in which the Secretary's determina-
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