PUBLIC LAW 95-561—NOV. 1, 1978
92 STAT. 2297
application shall be submitted in such form, and in accordance with such procedures, as the Commissioner shall require and shall contain an educational proficiency plan, as described in paragraph (2) of this subsection. "(2) The educational proficiency plan referred to in paragraph (1) of this subsection— "(A) shall contain a description of the educational proficiency standards established by the applicant for reading, writing, mathematics, and any other subject for which the State may require such standards; "(B) shall contain a description of the programs designed to assist students in achieving levels of educational proficiency compatible with the standards described in subparagraph (A) of this paragraph; "(C) may provide for the administration of examinations to students, at specified intervals or grade levels, to measure their reading, writing, or mathematical proficiency, or their proficiency in other subjects which the applicant considers appropriate for testing; and "(D) shall contain the assurances of the applicant that any student who fails any examination provided for under subparagraph (C) of this paragraph shall be offered supplementary instruction in the subject matter covered by such examination. "(c) The Commissioner shall award a grant to any applicant, in such amounts as the Commissioner considers appropriate, only if (1) the Commissioner approves the educational proficiency plan submitted by the applicant pursuant to subsection (b) of this section, and (2) the application submitted pursuant to such subsection satisfies all other requirements established by the Commissioner. Grants awarded under this section may be used by applicants either to continue to implement their ongoing educational proficiency plans, or to implement new plans, including the provision of supplementary instruction to be provided to students who fail the examinations. "(d) There are authorized to be appropriated to carry out this Appropriation section such sums as may be necessary for the fiscal year ending Sep- authorization. tember 30, 1979, and for each of the four succeeding fiscal years. "(e) For purposes of this section, the term 'applicant' means any "Applicant State or local educational agency which submits an application under this section. "(f) Nothing in this section shall authorize the Commissioner to impose tests on State educational agencies or local educational agencies, and no such ai?ency shall be compelled in any way to apply for funds under this section. " A C H I E V E M E N T TESTING ASSISTANCE
"SEC. 922. (a) The Commissioner is authorized, either directly or 20 USC 3332. through grants or contracts awarded to State and local educational agencies and other public agencies, organizations, and institutions, and through contracts with private agencies, organizations, and institutions, to assist State and local educational agencies to develop their capacity to conduct programs of testing the achievement in the basic skills of children in elementary and secondary schools. The activities which may be supported under this section include— "(1) disseminating information to State and local educational agencies on the availability and uses of achievement tests;
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