79 STAT. ]
PUBLIC LAW 89-313-NOV. 1, 1965
1161
the Revised Statutes (31 U.S.C. 665)) from any funds heretofore or hereafter appropriated for expenditure in accordance with other sections of this Act, such sums as may be necessary for immediately providing assistance inider this section, such appropriations to be reimbursed from the appropriations authorized by this subseiition when made. " (d) No payment may be made to any local educational agency ^rement-^°'^^' under this section except upon application therefor which is submitted through the appi-opriate State educational agency and is filed with the Commissioner in accordance with regulations prescribed by him. In determining the order in which such applications shall be approved, the Commissioner shall consider the relative educational and financial needs of the local educational agencies which have submitted approvable applications. "(e) Amounts paid by the Commissioner to local educational agencies under this section may be paid in advance or by way of reimbursement and in such installments as the Commissioner may determine. Any funds paid to a local educational agency and not expended or otherwise used for the purposes for which paid shall l>e repaid to the Treasury of the United States.'" SEC. 8. The Act of September 23, ]J)50 (Public Law 815, Kightvrirst Congress), as amended, is amended by inserting innnediately ^"^e, p. nss. after the last section of that Act the following new section: " s r E C l A l, HASE ( L () S I N ( i
PROVISION
"SEC. 17. In determining the payment to be made to a local educational agency under this Act the Commissionei" shall disregard the announcement, made November 19, 1964. of a decrease in or cessation of Federal activities in certain areas, and shall cari-y out such Act as if such announcement had not been made." SEC. 4. (a) Section 3(c) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "and 7o Stat. 970. paragraph (3)*' in the second sentence of paragraph (2), by striking ^° "^^ ^^^" out paragraph (3) thereof, and by striking out ", (3)," where it appears in paragraph (5). (b) The amendment made by this section shall be efiertive on and Effective date. after July 1, 1965. SEC. 5. Subsection, (e) of section 5 of the Act of September 23, 1950 (Public Law 815, Kiglity-first Congress), is amended by inserting Hfl^^'!^^20 USC 635. after "waive or reduce*' the following: "the minimumumber requirement or". SEC. 6. (a) Section 203(a) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as amended, is amended by inserting Ante, p. 28. immediately after jjaragraph (4) the following new paragraph: "(5) I n the case of a State agency which is directly responsible for handler^L'd°chii providing, on a non-school-district basis, free public education for d^^n.^granrs. handicapped children (including mentally retarded, hard of hearing, deaf. Speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education), the maximum basic grant which that agency shall be eligible to receive under this title for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in that State multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for handicapped children operated or supported by that State agency, in the most recent fiscal year for which satisfactory data are a\ai]able. Such State agency shall use payments under this title only for programs and projects (including the acqui49-850 0-66—76
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