Page:United States Statutes at Large Volume 92 Part 2.djvu/1033

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2313

EFFECTIVE DATE

SEC. 1032. This title shall be effective with respect to the 1979 fiscal 20 USC 237 note, year, and subsequent fiscal years, except that— (1) the amendments made by section 1006 shall be effective upon enactment of this Act, and actions of the Commissioner of Education under the Act of September 30, 1950 (Public Law 874, 20 USC 236. Eighty-first Congress), during or with respect to fiscal year 1978, shall be subject to the provisions of such amendments; (2) the amendments made by sections 1003, 1007, 1011, and 1012 shall be effective with respect to fiscal year 1980, and subsequent fiscal years; and (3) the provisions of section 1015 shall be effective upon enactment of this Act. TITLE XI—INDIAN EDUCATION PART A—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES AMENDMENT TO PUBLIC LAW 8 74

SEC. 1101. (a) Effective with respect to fiscal years beginning on or after the date of enactment of this Act, section 3(d)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by adding at the end thereof the following new 20 USC 238. subparagraph: "(D) The amount of the entitlements of any local educational agency under this section for any fiscal year with respect to children who, while in attendance at such agency, resided on Indian lands, as described in clause (A) of section 403(1), shall be the amount determined under paragraph (1) with respect to such children for such fiscal year multiplied by 125 per centum.". (b) Effective with respect to fiscal years beginning on or after the Repeal, date of enactment of this Act, section 5(a)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is repealed and 20 USC 240. section 5(a)(1) of such Act is redesignated as section 5(a). (c) Effective with respect to fiscal years beginning on or after the date of enactment of this Act, section 5(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by inserting after paragraph (2) (as added by section 1005 of this Act) the following new paragraph: "(3)(A) Payments of entitlements under section 3(d)(2)(D) of this Act shall be made only to local educational agencies which have, within one year of the date of enactment of this paragraph, or when local educational agencies are formed after such date of enactment, within one year of their formation, established such policies and procedures with respect to information received from Indian parents and tribes as required by this paragraph and which have made assurances to the Commissioner, at such time and in such manner as shall be determined by regulation, that such policies and procedures have been established. The Commissioner shall have the authority to waive this one-year limit for good cause, and in writing to the tribes to be affected. "(B) Each local educational agency shall establish such policies and procedures as are necessary to insure that—