Page:United States Statutes at Large Volume 95.djvu/492

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PUBLIC LAW 97-000—MMMM. DD, 1981

95 STAT. 466

PUBLIC LAW 97-35—AUG. 13, 1981 and such application has been approved by the State educational agency. 0)) APPLICATION ASSURANCES.—The application described in subsection (a) shall be approved if it provides assurances satisfactory to the State educational agency that the local educational agency Will keep such records and provide such information to the State educationsu agency as may be required for fiscal audit and program evaluation (consistent with the responsibilities of the State agency under this chapter), and that the programs and projects described— dXA) are conducted in attendance areas of such agency having the highest concentrations of low-income children; (B) are located in all attendance areas of an agency which has a uniformly high concentration of such children; or (C) are designed to utilize part of the available funds for services which promise to provide significant help for all such children served by such agency; (2) are based upon an annual assessment of educational needs which identifies educationally deprived children in all eligible attendance areas, permits selection of those children who have the greatest need for special assistance, and determines the needs of participating children with sufficient specificity to ensure concentration on those needs; (8) are of sufficient size, scope, and quality to give reasonable promise of substantial progress toward meeting the s ^ i a l educational needs of the children being served suid are designed and implemented in consultation with parents and teachers of such children; (4) will be evaluated in terms of their effectiveness in achieving the goals set for them, and that such evaluations shall include objective measurements of educational achievement in basic skills and a determination of whether improved performance is sustained over a period of more than one year; and (5) make provision for services to educationally deprived children attending private elementary and secondary schools in accordance with section 557. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS

20 USC 3806.

557. (a) GENERAL REQUIREMENTS.—To the extent consistent with the number of educationally deprived children in the school district of the local educational agency who are enrolled in private elementary and secondary schools, such agency shall make provisions for including special educational services and arrangements (such as dual enrollment, educational radio and television, and mobile educational services and equipment) in which such children can participate and which meet the requirements of sections 555(c), 556(b)(2), (3), and (4), and 558(b). Expenditures for educational services and arrangements pursuant to this section for educationally deprived children in private schools shall be equal (taking into account the number of children to be served and the special educational needs of such children) to expenditures for children enrolled in the public schools of the local educational agency. (b) BYPASS PROVISION.—(1) If a local educational agency is prohibited by law from providing for the participation in specisd programs for educationally deprived children enrolled in private elementary and secondary schools as required by subsection (a), the Secretary shall waive such requirements, and shall arrange for the provision of SEC