Page:United States Statutes at Large Volume 92 Part 2.djvu/963

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95~561--NOV. 1, 1978

92 STAT. 2243

agency will maintain such records, including the records required under section 437 of the General Education Provisions Act, and Post, p. 2346. give access to those records, as the State agency or board or the Commissioner deem necessary to perform their duties; "(5) that the local educational agency will provide reasonable opportunities for the participation by teachers, parents, and other interested agencies, organizations, and individuals in the planning for and operation of each program; "(6) that any application, evaluation, periodic program plan or report relating to each program will be made readily available to parents and other members of the general public; ^ "(7) that in the case of any project involving construction— "(A) the project is not inconsistent with overall State

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plans for the construction of school facilities, "(B) in developing plans for construction, due consideration will be given to excellence of architecture and design and to compliance with standards prescribed by the Secretary under section 504 of the Rehabilitation Act of 1973 in order 29 USC 794. to insure that facilities constructed with the use of Federal funds are accessible to and usable by handicapped individuals, "(C) in developing plans for such facilities, due consideration has been given to excellence of architecture and design, and inclusion of works of art (not representing more than 1 per centum of the cost of the project); and " (8) that the local educational agency has adopted effective procedures for acquiring and disseminating to teachers and administrators participating in each program significant information J from educational research, demonstrationSj and similar projects, and for adopting, where appropriate, promising educational practices developed through those projects. "(c) A general application submitted under this section shall remain in effect for the duration of the programs it covers. The State agencies or boards administerin;* the programs covered by the application shall not require the resubmission or amendment of that application unless required by changes in Federal or State law or by other significant change in the circumstances affecting an assurance in that application. "APPLICATION APPROVAL

"SEC. 503. (a)(1) A State educational agency shall approve an 20 USC 3143. application of a local educational agency or a State agency subject to this part if (A) such State educational agency is satisfied, after considering the factors specified in paragraph (2), that such applicant agency will use the funds received under the application in a manner which meets the requirements of this title, the General Education Provisions Act and other applicable requirements and (B) such applicant 20 USC 1221. agency is not out of compliance with a determination of the State educational agency or the Commissioner that it repay funds paid it under this title which were misused, and is not out of compliance with a compliance agreement under section 508(c). "(2) A State educational agency may approve an application under paragraph (1) of this subsection, only after it has considered, where pertinent, (A) the results of Federal and State audits, (B) the results of Federal and State monitoring reports, (C) administrative complaints made by parents or other individuals concerning the applicant