Page:United States Statutes at Large Volume 90 Part 1.djvu/1283

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PUBLIC LAW 94-000—MMMM. DD, 1976

PUBLIC LAW 94-405—SEPT. 10, 1976

90 STAT. 1233

(b) The Commissioner shall approve an appheation which meets Approval. the requirements of subsection (a). The Commissioner shall not finally Notice and disapprove an application of a State educational agency except after hearing. reasonable notice and opportunity for a hearing on the record to such agency. PAYMENTS

SEC. 206. (a) The Commissioner shall pay to each State educational 20 USC 1211b agency having an application approved under section 205 the amount note. which that State is entitled to receive under this title. (b) The Commissioner is authorized to pay to each State educational agency amounts equal to the amounts expended by it for the proper and efficient administration of its functions under this title, except that the total of such payments for any period shall not exceed 1 per centum of the amounts which that State educational agency is entitled to receive for that period under this title. (c) If a State is prohibited by law from providing public educational services for children enrolled in elementary and secondary nonpublic schools, as required by section 205(a)(6), the Commissioner may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this title. WITHHOLDING

SEC. 207. Whenever the Commissioner, after reasonable notice and opportunity for a hearing to any State educational agency, finds that there is a failure to meet the requirements of this title, the Commissioner shall notify that agency that further payments will not be made to the agency under this title, or in his discretion, that the State educational agency shall not make further payments under this title to specified local educational agencies (whose actions cause or are involved in such failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made to the State educational agency under this title or payments by the State educational agency under this title shall be limited to local educational agencies whose actions did not cause or were not involved in the failure, as the case may be.

Notice and hearing. 20 USC 1211b note.

AUTHORIZATION OF APPROPRIATIONS

SEC. 208. There are authorized to be appropriated for the period 20 USC 1211b beginning July 1, 1976, and ending September 30, 1977, such sums as note. may be necessary to make payments to which State educational agencies are entitled under this title and payments for administration under section 206(b). TITLE III—ADULT EDUCATION PKOVISION AMENDMENT TO THE ADULT EDUCATION

ACT

SEC. 301. The Adult Education Act (Public Law 91-230) is 20 USC 1201 note. amended by adding the following new section at the end thereof: 'EMERGENCY ADULT EDUCATION PROGRAM FOR INDOCHINA REFUGEES

"SEC. 315. (a) From the appropriations authorized for the period Grants, beginning July 1, 1976, and ending September 30, 1977, but not appro- 20 USC 1211b. priated for other programs under this title, the Commissioner shall