88 STAT. ]
PUBLIC LAW 93-380-AUG. 21, 1974
in which the Secretary's determination is made, then on the basis of the most recent reliable data available to him at the time of such determination.". (v) The fourth sentence of such paragraph (2) (as redesignated by this section) is amended by striking out the word "When" and inserting in lieu thereof the following: "(C)When"; and by striking out "having an annual income less than the low-income factor (established pursuant to subsection (c)) " and inserting in lieu thereof "below the poverty level (as determined under paragraph (A) of this subsection)". (vi) Section 103(e) of such title I is repealed. (D) Section 103 of such title I is amended by adding at the end thereof the following:
491
Ante, p. 490.
foJs^c 24ir out-of-state " Indian children,
" (d)(1) From the amount allotted for payments to the Secretary p^>""^"t^of the Interior under clause (B)(i) in the second sentence of subsection (a)(1), the Secretary of the Interior shall make payments to local educational agencies, upon such terms as the Commissioner determines will best carry out the purposes of this title, with respect to out-of-State Indian children in the elementary and secondary schools of such agencies under special contracts with the Department of the Interior. The amount of such payment may not exceed, for each such child, 40 per centum of (A) the average per pupil expenditure in the State in which the agency is located or (B) 120 per centum of such expenditure in the United States, whichever is the greater. "(2) The amount allotted for payments to the Secretary of the Interior under clause (B) (ii) in the second sentence of subsection (a) (1) for any fiscal year shall be, as determined pursuant to criteria established by the Commissioner, the amount necessary to meet the special educational needs of educationally deprived Indian children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior. Such payments shall be made pursuant to an agreement between the Commissioner and the Secretary containing such assurances and terms as the Commissioner determines will best achieve the purposes of this title. Such agr-eement shall contain (A) an assurance that payments made pursuant to this subparagraph will be used solely for programs and projects approved by the Secretary of the Interior which meet the applicable requirements of section 141(a) and that the Department of ^°^^' P* '*^^* the Interior will comply in all other respects with the requirements of this title, and (B) provision for carrying out the applicable provisions of sections 141(a) and 142(a)(3).". 20 USC 24ie, (E) Such title I is amended by inserting at the end of part A the ^'*2o"usc 24ia following: note. "Subpart 2—State Operated Programs "PROGRAMS FOR HANDICAPPED CHILDREN
"SEC. 121. (a) A State agency which is directly responsible for pro- crams. viding free public education for 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), shall be eligible to receive a grant under this section for any fiscal year. "(b) Except as provided in sections 124 and 125, the grant which ^„^°^ PP- '*^'*' an agency (other than the agency for Puerto Rico) shall be eligible to 495. receive under this section shall be an amount equal to 40 per centum of the average per pupil expenditure in the State (or (1) in the case where the average per pupil expenditure in the State is less than 80
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