Page:United States Statutes at Large Volume 86.djvu/377

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[86 STAT. 335]
PUBLIC LAW 92-000—MMMM. DD, 1972
[86 STAT. 335]

86 STAT. ]

PUBLIC LAW 92-318-JUNE 23, 1972

335

"DECLARATIOX OF POLICY

"SEC. 302. (a) In recognition of the special educational needs of Indian students in the United States, Congress hereby dechires it to be the policy of the United States to pr'o\dde financial assistance to local educational agencies to develop and carry out elementary and secondary school programs specially designed to meet these special educational needs. "(b) The Commissioner shall, in order to effectuate the policy set forth in subsection (a), carry out a program of making grants to local educational agencies which are entitled to payments under this title and which have submitted, and had approved, applications therefor, in accordance with the provisions of this title. "GRANTS TO LOCAL EDUCATIONAL AGENCIES

"SEC. 303. (a)(1) For the purpose of computing the amount to yfat^^JT'"^"*°'"" which a local educational agency is entitled under this title for any fiscal year ending prior to July 1, 1975, the Commissioner shall determine the number of Indian children who M^ere enrolled in the schools of a local educational agency, and for whom such agency provided free public education, during such fiscal year. "(2)(A) The amount of the grant to which a local educational agency is entitled under this title for any fiscal year shall be an tXmount equal to (i) the average per pupil expenditure for such agency (as determined under subparagraph (C)) multiplied by (ii) the sum of the number of children determined under paragraph (1). " (B) A local educational agency shall not be entitled to receive a grant under this title for any fiscal year unless the number of children under this subsection, with respect to such agency, is at least ten or constitutes at least 50 per centum of its total enrollment. The requirements of this subparagraph shall not apply to any such agencies serving Indian children in Alaska, California, and Oklahoma or located on, or in proximity to, an Indian reservation. " (C) For the purposes of this subsection, the average per pupil ^..^n^^^^^^^HH pupil expenditure. expenditure for a local educational agency shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all of the local educational agencies in the State in which such agency is located, plus any direct current expenditures by such State for the operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children who were in average daily enrollment for whom such agencies provided free public education during such preceding fiscal year. Non-local edu" (b) In addition to the sums appropriated for any fiscal year for cational agencies. grants to local educational agencies under this title, there is hereby authorized to be appropriated for any fiscal year an amount not in excess of 5 per centum of the amount appropriated for payments on the basis of entitlements computed under subsection (a) for that fiscal year, for the purpose of enabling the Commissioner to provide financial assistance to schools on or near reservations whicli are not local educational agencies or have not been local educational agencies for more than three years, in accordance with the appropriate provisions of this title. "I'SES OF FEDERAL FUNDS

"SEC. 304. Grants under this title may be used, in accordance with applications approved under section 805, for— " (1) planning for and taking other steps leading to the development of programs specifically designed to meet the special educa-