Page:United States Statutes at Large Volume 98 Part 2.djvu/1245

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-511—OCT. 19, 1984

98 STAT. 2405

tary or secondary nonpublic school and of any religious organization; and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this paragraph shall not be commingled with State or local funds, (b) The Secretary shall approve an application which meets the requirements of subsection (a). The Secretary shall not finally disapprove an application of a State educational agency except after resisonable notice and opportunity for a hearing on the record to such agency. PAYMENTS

SEC. 609. (a) Except as provided in section 6030)), the Secretary shall pay to each State educational agency having an application approved under section 608 the amount which that State is entitled to receive under this title. 0)) If by reason of any provision of law a local educational agency is prohibited from providing educational services for children enrolled in elementary and secondary nonpublic schools, as required by section 608(a)(6), or if the Secretary determines that a local educational agency has substantially failed or is unwilling to provide for the participation on an equitable basis of children enrolled in such schools, the Secretary 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. Such waivers shall be subject to consultation, withholding, notice, and judicial review requirements in accordance with section 5570D)(3) and (4) of the Education Consolidation and Improvement Act of 1981.

20 USC 4i08.

20 USC 3806.

TITLE VII—GENERAL ADMINISTRATION AND ORGANIZATION AMENDMENTS TO THE DEPARTMENT OF EDUCATION ORGANIZATION ACT

SEC. 701. (a) Section 204 of the Department of Education Organization Act (20 U.S.C. 3418) is amended by adding at the end thereof the following new sentence: "There shall be within the Office of Elementary and Secondary Education and directly under the supervision of the Assistant Secretary for Elementary and Secondary Education, an Office of Migrant Education, which shall be responsible for the administration of programs established by subpart 1 of part B of title I of the Elementary and Secondary Education Act of 1965 and by subpart 5 of part A of title IV of the Higher Education Act of 1965.". 0)) For the purposes of section 413(a) of the Department of Education Organization Act (20 U.S.C. 3473), the Office of Migrant Education shall be considered to be an organizational entity established by such Act and shall not be subject to the reorganizational authority of the Secretary of Education under that section or any other provision of law. E X T E N S I O N O F AUTHORIZATION S U N D E R THE GENERAL EDUCATION

PROVISIONS ACT

SEC. 702. (a) Section 405(k)(7) of the General Education Provisions Act (20 U.S.C. 1221e(k)(7)) is amended by striking out "$10,500,000

20 USC 3414.

20 USC 3473 note.