Page:United States Statutes at Large Volume 92 Part 2.djvu/953

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2233

are not less than the amount per student expended or the aggregate expenditure for the second preceding fiscal year for each such P^-rt; " (8) provides that, for any fiscal year in which the provisions of section 510(b)(2) are not met, of the funds the State receives under section 402 for each fiscal year, the State will use for administration of the State plan not to exceed whichever of the following is greater: (A) 5 per centum of the amount so received ($75,000 in the case of Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands and the Trust Territory of the Pacific Islands), excluding any part of such amount used for purposes of section 431(a), or (B) $225,000; and provides that the remainder of such funds shall be made available to local educational agencies to be used for the purposes of parts B, C, and D, respectively; "(9) provides that, for any fiscal year in which the provisions of section 523(b) are not met, not more than the greater of (A) 15 per centum of the amount which such State receives pursuant to section 402(b) for any fiscal year, or (B) the amount available by appropriation to such State in the fiscal year ending June 30, 1973 and periods covered by section 431(a)(3) as in effect in such year, shall be used for activities described in section 421; "(10) sets forth policies and procedures which give satisfactory assurance that Federal funds made available under this title for any fiscal year will not be commingled with State funds; " (11) sets forth the means by which the State will make information and technical assistance available to private nonprofit school officials who desire to arrange for children in those schools to participate in Federal elementary and secondary education programs; "(12) sets forth a comprehensive plan for the coordination of Federal and State funds for training activities for educational personnel in the State including preservice and inservice training, which plan shall be developed with the involvement of teachers, professional associations, institutions of higher education, and other interested individuals; and "(13) provides that the State has established a State advisory council in accordance with subsection (b). "(b)(1) The State advisory council shall— State advisory Oi "(A) be appointed by the State educational agency or as other- council, wise provided by State law and be broadly representative of the cultural and educational resources of the State and of the public, including— "(i) teachers, principals, superintendents, and other professional employees of local educational agencies and private schools, "Tii) teachers from institutions of higher education, "(iii) school librarians, personnel involved in operating <?i^.':H-')••:•'. Sz. media programs in local schools, and guidance counselors, "(iv) individuals from fields of professional competence in dealing with children needing special education because of physical or mental handicaps, specific learning disabilities, severe educational disadvantages, and limited English proficiency or because they are gifted or talented, and of profes-