102 STAT. 284
Disadvantaged P®'^^®-
PUBLIC LAW 100-297—APR. 28, 1988
"(A) the geographic distribation of children of limited English proficiency; "(B) the relative need of persons in different geographic areas within the State for the kinds of services and activities authorized under this title; "(C) the relative ability of applicant local educational agencies within the State to provide needed services and activities; and "(D) the relative numbers of persons from low-income families who would benefit from the applicants' programs; and "(9) that the State educational agency has been notified of the application and has been given the opportunity to offer recommendations thereon to the applicant and to the Secretary. "(g) PRIORITY CONSIDERATION OF GRANTS.—An application for a grant under subsection (a)(3) of this section may receive priority based upon the information provided by the applicant pursuant to clause (A), (B), or (C) of subsection (c)(3) of this section. "(h) PRIORITY FOR PROGRAMS SERVING UNDERSERVED CHILDREN.—
In the consideration of applications from local educational agencies to carry out programs authorized under this section, the Secretary shall give priority to applications from local educational agencies which are located in various geographical regions of the Nation and which propose to assist children of limited English proficiency who have historically been underserved by programs of bilingual education, taking into consideration the relative numbers of such children in the schools of such local educational agencies and the relative need for such programs. In approving such applications, the Secretary shall, to the extent feasible, allocate funds appropriated in proportion to the geographical distribution of children of limited English proficiency throughout the Nation, with due regard for the relative ability of particular local educational agencies to carry out such programs and the relative numbers of persons from low-income families who would benefit from such programs. "(i) LIMITATION ON THE ASSIGNMENT OF STUDENTS.—No action
taken may involve the admission or exclusion of students to or from any federally assisted education programs merely on the basis of the surnames of such students. "(j) PROGRAMS IN PUERTO RICO.—Programs authorized under this title in the Commonwealth of Puerto Rico may, notwithstanding any other provision of this title, include programs of instruction, teacher training, curriculum development, research, evaluation, and testing designed to improve the English proficiency of children, and may also make provision for serving the needs of students of limited proficiency in Spanish. "(k) BYPASS PROVISION.—If the Secretary determines that an applicant for assistance under this title is unable or unwilling to provide for the participation in the program for which assistance is sought of children of limited English proficiency enrolled in nonprofit, private schools, as required by subsection (f)(2) of this section, the Secretary shall— "(1) withhold approval of such application until the applicant demonstrates that it is in compliance with those requirements; or "(2) reduce the amount of the grant to such applicant by the amount which is required for the Secretary to arrange (such as through a contract with a nonprofit, nonsectarian agency,
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