PUBLIC LAW 98-211—DEC. 8, 1983 97 STAT. 1413 (c) Clause (2) of section 556(b) of the Act is amended by striking all that follows "areas," in such clause and inserting in lieu thereof "requires, among the educationally deprived children selected, the inclusion of those children who have the greatest need for special assistance, and determines the needs of participating children with sufficient specificity to ensure concentration on those needs;". (d) Clause (4) of section 556(b) of the Act is amended by inserting before the semicolon a comma and the following: "and that the results of such evaluation will be considered by such agency in the improvement of the programs and projects assisted under this chap- ter; and". 20 USC 3805. FLEXIBILITY TO CONTINUE TITLE I TYPE EXPENDITURES SEC. 3. Section 556 of the Act is further amended by adding at the end thereof the following new subsection: " (d) LOCAL EDUCATIONAL AGENCY DISCRETION. —Notwithstanding subsection (b)(1) of this section, a local educational agency shall have discretion to make educational decisions which are consistent with achieving the purposes of this chapter as set forth in this subsection, as follows: "(1) A local educational agency may designate any school attendance area in which at least 25 per centum of the children are from low-income families as an eligible school attendance area. "(2) A local educational agency may, with the approval of the State educational agency, designate as eligible (and serve) school attendance areas with substantially higher numbers or percentages of educationally deprived children before school attendance areas with higher concentrations of children from low-income families, but this provision shall not permit the provision of services to more school attendance areas than could otherwise be served. A State educational agency shall approve such a proposal only if the State educational agency finds that the proposal will not substantially impair the delivery of com- pensatory education services to educationally deprived children from low-income families in project areas served by the local educational agency. "(3) Funds received under this chapter may be used for educationally deprived children who are in a school which is not located in an eligible school attendance area when the propor- tion of children from low-income families in average daily attendance in such school is substantially equal to the propor- tion of such children in an eligible school attendance area of such agency. "(4) If an eligible school attendance area or eligible school was so designated in accordance with subsection (b)(l)(A) in either of two preceding fiscal years, it may continue to be so designated for a single additional fiscal year even though it does not qualify in accordance with subsection (b)(l)(A). "(5) With approval of the State educational agency, eligible school attendance areas or eligible schools which have higher proportions of children from low-income families may be skipped if they are receiving, from non-Federal funds, services of the same nature and scope as would otherwise be provided under this chapter, but (A) the number of children attending private elementary and secondary schools who receive services Ante, p. 1412. Eligible school attendance area. Educationally deprived children.
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