97 STAT. 1412 PUBLIC LAW 98-211—DEC. 8, 1983 Public Law 98-211 98th Congress Dec. 8, 1983 [H.R. 1035] Education Consolidation and Improvement Act of 1981, amendment. 20 USC 3804. 20 USC 2761, 2771, 2781. 20 USC 3803. 20 USC 3804. Public availability. An Act To make certain technical amendments to improve implementation of the Education Consolidation and Improvement Act of 1981, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, STATE PROGRAM DESIGN SECTION 1. (a) Section 555(b) of the Education ConsoHdation and Improvement Act of 1981 (Public Law 97-35; 20 U.S.C. 3801 et seq.) (hereafter in this Act referred to as "the Act") is amended to read as follows: "(b) PROGRAM DESIGN. —State agency programs shall be designed to serve migratory children of migratory agricultural workers or of migratory fishermen, handicapped children, and neglected and de- linquent children (as described in subparts 1, 2, and 3, respectively, of part B of title I of the Elementary and Secondary Education Act of 1965) in accordance with section 554(a)(2) and the other applicable requirements of this chapter. The Secretary shall continue to usc the definitions of 'agricultural activity', 'currently migratory child', and 'fishing activity' which were in effect on June 30, 1982, in regulations prescribed under subpart 1 of part B of title I of the Elementary and Secondary Education Act of 1965. No additional definition of 'migratory agricultural worker' or 'migratory fisher- man' may be applied after the date of enactment of this subsection to such subpart 1.". (b) Section 555 of the Act is amended by adding at the end thereof the following new subsection: "(e) EVALUATION.—Each State educational agency shall— "(1) conduct an evaluation of the programs assisted under this chapter at least every two years and shall make public the results of that evaluation; and "(2) collect data on the race, age, and gender of children served by the programs assisted under this chapter and on the number of children served by grade-level under the programs assisted under this chapter.". APPLICATIONS 20 USC 3805. SEC. 2. (a) Section 556(b) of the Act is amended by inserting "or" at the end of paragraph (I)(A), by striking out "or" at the end of paragraph (I)(B), and by striking out paragraph (I)(C). (b) Section 556 of the Act is amended by adding at the end thereof the following: "(c) EXEMPTION FROM TARGETING. —The requirements of subsec- tion (b)(1) shall not apply in the case of a local educational agency with a total enrollment of less than one thousand children, but this subsection does not relieve such an agency from the responsibility to serve children under the assurances set forth in subsection (b)(2).".
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