Page:United States Statutes at Large Volume 93.djvu/374

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PUBLIC LAW 96-000—MMMM. DD, 1979

93 STAT. 342

PUBLIC LAW 96-46—AUG. 6, 1979

SEC. 3. (a) Section 7(a)(1) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by striking out "October 1, 1978" each place it appears in subparagraphs (A) and (B) and inserting in lieu thereof "October 1, 1983". (b)(1) Section 5(b)(3)(C)(i) of such Act is amended by striking out 20 USC 240. "may file" and inserting in lieu thereof "may, in its discretion and without regard to the requirements of any other provision of law, file". (2) Section 5(b)(3) of such Act is further amended by redesignating Supra. subparagraph (E) as subparagraph (F) and by inserting after subparagraph (D) the following new subparagraph: "(E) If the local educational agency rejects the determination of the Commissioner and a tribe exercises the option under section 1101(d) 20 USC 240 note. of the Education Amendments of 1978, to have education services provided either directly by the Bureau of Indian Affairs or by contract with that Agency, any Indian students affiliated with that tribe who wish to remain in attendance at the local educational agency against whom the complaint which led to the tribal action (under such subsection (d)) was lodged may be counted with respect to that local educational agency for the purpose of receiving funds under section 3(d)(2)(D) of this Act. In such event, funds under such 20 USC 238. section shall not be withheld pursuant to subparagraph (D) and no further complaints with respect to such students may be filed under subparagraph (C)(i).". (3) Section 5(c)(2)(A)(v) of such Act is amended by striking out "clause (A)(ii) of this paragraph" and inserting in lieu thereof "clause (i)(II) of this subparagraph". 92 Stat. 2338. SEC. 4. (a) Section 400A of the General Education Provisions Act is 20 USC 1221-3. amended— (1) by striking out the subsection designation "(f)" the first time it appears in such section and inserting in lieu thereof "(3)"; and (2) by striking out "paragraph (6)" in subsection (g)(2) and inserting in lieu thereof "subsections (0 (1) and (2)". (b) Section 417(a) of the General Education Provisions Act is 20 USC 1226c. amended by striking out the paragraph designation "(1)" and by repealing paragraph (2). (c) Section 438(b) of the General Education Provisions Act is 20 USC 1232g. amended by adding at the end thereof the following new paragraph: "(5) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph (3).". 20 USC 2308. SEC. 5. (a) Section 108(b)(2)(B) of the Vocational Educational Act of 1963 is amended by inserting before the semicolon a comma and the following: "except that the Commissioner may modify this requirement pursuant to regulations in order to avoid any duplication of data-collection occurring under section 161 or under section 437 of 20 USC 2391. the General Education Provisions Act". 20 USC 1232f. (b) Section 110 of the Vocational Education Act of 1963 is amended 20 USC 2310. by adding at the end thereof the following new subsection: "(e) Pursuant to regulations established by the Commissioner, a State may exceed the 50 per centum Federal share specified in subsections (a) and (b) of the percentages set aside in subsections (a) and (b) by making larger payments with such funds to local educa20 USC 241-1.