Page:United States Statutes at Large Volume 92 Part 2.djvu/977

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2257

"(2) "WHienever a local educational agency applies for assistance under clause (E) of section 606(a)(1), the provisions of clauses (C) and (D) of paragraph (1) of this subsection shall not apply if the local educational agency provides a&surances in the application for assistance that the development of the plan for which assistance is sought will address the conditions described in such clauses (C) and (D). "(3)(A) Applications for waivers under paragraph (1) may be approved only by the Secretary. The Secretary's functions under this paragraph shall, notwithstanding any other provision of law, not be delegated. "(B) Application for waiver shall be granted by the Secretary upon determination that any practice, policy^ procedure or other activity resulting in ineligibility has ceased to exist, and that the applicant has given satisfactory assurance that the activities prohibited in this subsection will not reoccur. " (4) No application for assistance under this title shall be approved prior to a determination by the Secretary "that the applicant is not ineligible by reason of this subsection. " (5) All determinations pursuant to this subsection shall be carried out in accordance with criteria and investigative procedures established by regulations of the Secretary for the purpose of compliance with this subsection. "(6) All determinations and waivers pursuant to this subsection shall be in writing. "(7) The Assistant Secretary shall prepare and include in the annual report required by section 422(a)(4) of the General Education Provisions Act a list of all the waivers granted under this subsection 20 USC 1231a. for the preceding fiscal year. uAUTHORIZED ACTIVITIES

"SEC. 607. (aj The Assistant Secretary shall make sums appropri- 20 USC 3197. ated under section 604(a) for any fiscal year available for programs and projects designed to meet educational needs that arise from the development of or the implementation of a plan described in section 606(a). Those programs and projects may include, but are not limited to— "(1) the training of school staff and local educational agency staff in the handling of problems incident to the implementation of a qualifying plan; "(2) the' provision of additional staff members (including teacher aides) to assist in meeting educational needs that arise from the implementation of the plan; "(3) the development or acquisition of new curricula, methods, practices, techniques, or materials to support a program of instruction for children from all racial, etlmic, and economic backgrounds, including instruction in the language and cultural heritage of minority groups; "(4) innovative educational activities, including extracurricular activities, which involve the joint participation of minority group children and other children: "(5) community relations activities, including public information efforts, in support of the implementation of a qualifying plan;

9-194 O—80—pt. 2

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