Volume 97 · 1412
Public Law 98–211
To make certain technical amendments to improve implementation of the Education Consolidation and Improvement Act of 1981, and for other purposes.
Approved December 8, 1983
Statutory text
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,
Section 1. state program design
Section 555(b) of the Education Consolidation 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 delinquent 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 use 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 fisherman’ may be applied after the date of enactment of this subsection to such subpart 1.”.
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) Public availability.
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.”.
Sec. 2. applications
Section 556(b) of the Act is amended by inserting “or” at the end of paragraph (1)(A), by striking out “or” at the end of paragraph (1)(B), and by striking out paragraph (1)(C).
Section 556 of the Act is amended by adding at the end thereof the following:
“(c) Exemption From Targeting.—
The requirements of subsection (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).”.
Clause (2) of section 556(b) of the Act is
amended by striking all 20 USC 3805. that follows “areas,” in such clause and inserting in lieu thereof “requires, among the educationally deprived children selected, the inclusion 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;”.
Clause (4) of section 556(b) of the Act is amended by inserting before the semicolon a comma and the following: “and that the results of such evaluation will be considered by such agency in the improvement of the programs and projects assisted under this chapter; and”.
Sec. 3. flexibility to continue
Section 556 of the Act is further amended by adding at the
Ante, p. 1412.
end thereof the following new subsection:
“(d) Local Educational Agency Discretion.—
Notwithstanding subsection (b)(1) of this
Eligible school attendance area.
Educationally deprived children.
section, a local educational agency shall have discretion to make educational decisions which are consistent with achieving the purposes of this chapter as set forth in this subsection, as follows:
“(1) A local educational agency may designate any school attendance area in which at least 25 per centum of the children are from low-income families as an eligible school attendance area.
“(2) A local educational agency may, with the approval of the State educational agency, designate as eligible (and serve) school attendance areas with substantially higher numbers or percentages of educationally deprived children before school attendance areas with higher concentrations of children from low-income families, but this provision shall not permit the provision of services to more school attendance areas than could otherwise be served. A State educational agency shall approve such a proposal only if the State educational agency firms that the proposal will not substantially impair the delivery of compensatory education services to educationally deprived children from low-income families in project areas served by the local educational agency.
“(3) Funds received under this chapter may be used for educationally deprived children who are in a school which is not located in an eligible school attendance area when the proportion of children from low-income families in average daily attendance in such school is substantially equal to the proportion of such children in an eligible school attendance area of such agency.
“(4) If an eligible school attendance area or eligible school was so designated in accordance with subsection (b)(1)(A) in either of two preceding fiscal years, it may continue to be so designated for a single additional fiscal year even though it does not qualify in accordance with subsection (b)(1)(A).
“(5) With approval of the State educational agency, eligible school attendance areas or eligible schools which have higher proportions of children from low-income families may be skipped if they are receiving, from non-Federal funds, services of the same nature and scope as would otherwise be provided under this chapter, but (A) the number of children attending private elementary and secondary schools who receive services under this chapter shall be determined without regard to non-Federal compensatory education funds which serve eligible children in public elementary and secondary schools, and (B) children attending private elementary and secondary schools who receive assistance under this chapter shall be identified in accordance with this section and without regard to skipping public school attendance areas or schools under this paragraph.
“(6) A child who, in any previous year, was identified as being in greatest need of assistance, and who continues to be educationally deprived, but who is no longer identified as being in greatest need of assistance, may participate in a program or project assisted under this title for the current year.
“(7) Educationally deprived children who begin participation in a program or project assisted under this chapter who, in the same school year, are transferred to a school attendance area or a school not receiving funds under this chapter, may continue to participate in a program or project funded under this chapter for the remainder of such year.
“(8) The local educational agency is not required to use funds under this chapter to serve educationally deprived children in greatest need of assistance if such children are receiving, from non-Federal sources, services of the same nature and scope as would otherwise be provided under this chapter.
“(9) Educational program, upgrade.
In the case of any school serving an attendance area that is eligible to receive services under this chapter and in which not less than 75 per centum of the children are from low-income families, funds received under this chapter may be used for a project designed to upgrade the entire educational program in that school in the same manner and only to the same extent as permitted under section
133(b) of the Elementary and Secondary Education Act of 1965 (but without regard to paragraph (4) of such section).
“(10) Public school personnel, duty assignment.
Public school personnel paid entirely by funds made available under this chapter may be assigned limited, rotating, supervisory duties which are assigned to similarly situated personnel who are not paid with such funds, and such duties need not be limited to classroom instruction or to the benefit of children participating in programs or projects funded under this chapter. Such duties may not exceed the same proportion of total time as is the case with similarly situated personnel at the same school site, or 10 per centum of the total time, whichever is less.”.
Sec. 4. parental involvement
Ante, p. 1413.
Public meeting.
Section 556 of the Act is further amended by adding at the end thereof the following new subsection:
“(e) Parental Involvement.—
For the purposes of complying with the assurances given pursuant to subsection (b)(3) with respect to consultation with parents of participating children, (1) a local educational agency shall convene annually a public meeting, to which all parents of eligible students shall be invited, to explain to parents the programs and activities provided with funds made available under this chapter, and (2) if parents desire further activities, the local educational agency may, upon request, provide reasonable support for such activities.”.
Sec. 5. areas for services to private schoolchildren
Section 557(a) of the Act is amended by inserting
“(1),” immediately after “556(b)”.
Sec. 6. application of nonsupplanting rule to states
Section 558(b) of the Act is amended—
by inserting “State educational agency or other State agency in operating its State level programs or a” before “local educational agency” in the first sentence; and
by striking out “a local educational agency shall not be required” in the second sentence and inserting in lieu thereof “no State educational agency, other State agency, or local educational agency shall be required”.
“Sec. 7. exclusions of special program funds
Section 558(d) of the Act is amended—
by striking out “if such programs are consistent with the purposes of this chapter” and inserting in lieu thereof “including compensatory education for educationally deprived children (which meets the requirements of section 131(c) of the Elementary and Secondary Education Act of 1965)”; and
by adding at the end thereof the following new sentence:
“For the purpose of determining compliance with the requirements of subsection (c), a local educational agency may exclude State and local funds expended for—
(1) bilingual education for children of limited English proficiency,
(2) special education for handicapped children or children with specific learning disabilities, and
(3) certain State phase-in programs as described in section 131(d) of the Elementary and Secondary Education Act of 1965”.
Sec. 8. overlap in county boundaries
Section 558(e) of the Act is amended by striking out
“In any State” and inserting in lieu thereof “Notwithstanding section
111(a)(3)(C) of the Elementary and Secondary Education Act of 1965, in any State”.
Sec. 9. restriction of expenditures to meeting educational needs
Section 561(b) of the Act is amended by inserting before
the period at the end thereof the following: “and because they are the most likely to be able to design programs to meet the educational needs of the students in their own districts”.
Section 564(a) of the Act is amended—
by striking out “and” at the end of paragraphs (5) and (6);
by redesignating paragraph (7) as paragraph (8); and
by inserting after paragraph (6) the following new paragraph:
“(7) provides assurance that, apart from technical and advisory assistance and monitoring compliance with this chapter, the State educational agency has exercised and will exercise no influence in the decisionmaking processes of local educational agencies as to the expenditures made pursuant to its application under section 566; and”.
Section 566(c) of the Act is amended by adding at the end thereof the following: “In exercising such discretion, it shall be the responsibility of each local educational agency to ensure that each expenditure of funds under this chapter is for the purpose of meeting the educational needs within the schools of that local educational agency.”.
Sec. 10. phase-out and transition expenses
Section 562(c) of the Act is amended by adding at the end thereof the following: “Until September 30, 1983, such funds may also be
used to assist in phasing out programs described in section 561(a) and in promoting an orderly transition to operations under this chapter.”.
Sec. 11. state allotments
The first sentence of section 563(a) is amended by striking out “not to exceed”.
Sec. 12. audit requirement for small local educational agencies
Section 564 of the Act is amended by adding at the end thereof the following new subsection:
“(c) Notwithstanding section 1745 of this Act, local educational agencies receiving less than an average $5,000 each year under this chapter need not be audited more frequently than once every five years.”.
Sec. 13. requirement for state certification of local educational agency applications
Section 566(a) of the Act is amended by striking out everything preceding paragraph (1) and inserting in lieu thereof the following:
Sec. 566.
(a) A local educational agency may receive its allocation of funds under this chapter for any year for which its application to the State educational agency has been certified to meet the requirements of this subsection. The State educational agency shall certify any such application if such application—”.
Sec. 14. school level programs
Section 573(a) of the Act is amended by striking out “chapter” in the first sentence and inserting in lieu thereof “subchapter”.
Sec. 15. state rulemaking
Section 591 of the Act is amended by adding at the end thereof the following new subsection:
“(d) Nothing in this subtitle shall be interpreted (1) to authorize State regulations, issued pursuant to procedures as established by State law, applicable to local educational agency programs or projects funded under this subtitle, except as related to State audit and financial responsibilities, or (2) to encourage, preempt, or prohibit regulations issued pursuant to State law which are not in conflict with the provisions of this subtitle. The imposition of any State rule or policy relating to the administration and operation of programs funded by this subtitle (including those based on State interpretation of any Federal law, regulation, or guideline) shall be identified as a State imposed requirement.”.
Sec. 16. withholding of payments
Section 592(a) of the Act is amended—
by striking out “on the record” in the first sentence; and
by adding at the end thereof the following new sentence: “A transcript or recording shall be made of any hearing conducted under this subsection and shall be available for inspection by any person.”.
Sec. 17. judicial review
Section 593(b) of the Act is amended by inserting
“and a local educational agency” after “A State educational agency”.
Sec. 18. application of general education provisions act
Section 596 of the Act is amended to read as follows:
“Sec. 596. “application of other laws
(a) Except as otherwise specifically provided by this section, the General Education Provisions Act
shall apply to the programs authorized by this subtitle.
“(b) The following provisions of the General Education Provisions Act shall be superseded by the specified provisions of this subtitle with respect to the programs authorized by this subtitle:
“(1) Section 408(a)(D of the General Education Provisions Act
is superseded by section 591(a) of this subtitle.
“(2) Section 426(a) of such Act is superseded by section 591(b)
of this subtitle.
“(3) Section 427 of such Act is superseded by section 556(b)(3)
of this subtitle.
“(4) Section 430 of such Act is superseded by sections 556(a)
and 564(b) of this subtitle.
“(5) Section 431A of such Act is superseded by section 558(a)
of this subtitle.
“(6) Section 453 of such Act is superseded by section 592 of
this subtitle.
“(7) Section 455 of such Act is superseded by section 593 of
this subtitle with respect to judicial review of withholding of payments.
“(c) Sections 434, 435, and 436 of the General Education
Provisions Act, except to the extent that such sections relate to fiscal control and fund accounting procedures, shall not apply to the programs authorized by this subtitle and shall not be construed to authorize the Secretary to require any reports or take any actions not specifically authorized by this subtitle.”.
Section 406A(a) of the General Education Provisions Act,
as added by the Education Amendments of 1974 (relating to responsibility of States to furnish information), is amended—
by striking out paragraphs (3) and (4);
by inserting “and” at the end of paragraph (2); and
by redesignating paragraph (5) as paragraph (3).
Sec. 19. conforming and technical amendments to title i of esea
Title I of the Elementary and Secondary Education Act of 1965 is amended—
in section 142(a) by striking out “subpart 3 of part A, other than sections 122, 123, and 126(d) thereof” in paragraph (3) and inserting in lieu thereof “section 556 (other than subsection (b)(D) and section 558 of the Education Consolidation and Improvement Act of 1981”; and
in sections 147 and 152(a), by striking out “subpart 3 of part A, other than sections 122, 123, 125, 126(d), and 126(e) thereof” and inserting in lieu thereof “section 556 (other than subsection (b)(1)) and section 558 (other than subsection (c)) of the Education Consolidation and Improvement Act of 1981”.
The amendments made by subsection (a) shall apply only
with respect to funds for use under the Education Consolidation and Improvement Act of 1981.
Sec. 20. extension of authorization for title vii of esea
Section 528 of the Omnibus Budget Reconciliation Act of 1981 is amended—
by striking out “and” at the end of paragraph (13);
by striking out the period at the end of paragraph (14) “and” inserting in lieu thereof a semicolon “and” the word “and”; and
by adding at the end thereof the following new paragraph: “(15) title VII of the Elementary and Secondary Education Act of 1965.”.
Sec. 21. conforming amendments
Section 565(a) of the Act is amended by striking out “nonpublic” and inserting in lieu thereof “private, nonprofit”.
The first sentence of section 1003(a)(1) of the Elementary
and Secondary Education Act of 1965 is amended by inserting after “Act” a comma and the following: “or the Education Consolidation and Improvement Act of 1981”.
Sec. 22. assessment of compensatory education
Chapter 1 of the Act is amended by adding at the end thereof the following new section:
“Sec. 559. “national assessment of compensatory education assisted under this chapter
(a) The Secretary shall conduct a national assessment of compensatory education assisted under this chapter, through independent studies and analysis by the National Institute of Education. The assessment shall include descriptions and assessments of the impact of (1) services delivered, (2) recipients of services, (3) background and training of teachers and staff, (4) allocation of funds (to school sites), (5) coordination with other programs, (6) effectiveness of programs on student's basic and higher order academic skills, school attendance, and future education, and (7) a national profile of the way in which local educational agencies implement activities described under section 556(b). The National Institute of Education
shall consult with the Committee on Labor and Human Resources of the Senate and the Committee on Education and Labor of the House of Representatives in the design and implementation of the assessment
Reports to Congress.
required by this section. The National Institute of Education shall report to Congress the preliminary results of the assessment required by this section in January and July of 1986, and a final report shall be prepared and submitted to the Congress not later than January 1, 1987.
“(b) Notwithstanding any other provision of law or regulation,
Recommendations to Congress.
such reports shall not be subject to any review outside of the Department of Education before their transmittal to the Congress, but the President and the Secretary may make such additional recommendations to the Congress with respect to the assessment as they deem appropriate.”.
Sec. 23. impact aid
Section 5(c) of the Act of September 30, 1950 (Public Law
874, 81st Congress), is amended by adding at the end thereof the following: “If any legislation enacted after March 31, 1983, affects the determination of amounts of payments made on the basis of entitlements established under sections 2, 3, and 4 by placing any additional restriction on payments based on the concentration of children counted under subsection (a) or (b) of section 3 in the schools of a local educational agency, such restriction shall be applied, in the case of any State (other than a territory or possession of the United States) within which there is only one local educational agency, by treating each administrative school district within such State as a local educational agency (solely for the purpose of computing the amount of such payments). Treating such an administrative school district as a local educational agency under the preceding sentence shall not result, during fiscal year 1984, 1985, or 1986, in an increase of more than 10 per centum in the amount of funds paid to such State above the amount which would otherwise be paid to such State for such fiscal year.”.
Sec. 24. national center for education statistics
Section 515(b) of the Omnibus Education Reconciliation Act of 1981 is amended by inserting “(g)(2)” after
“section 406”.
The National Center for Education Statistics shall not
Hispanic Americans.
terminate the study of the condition of education for Hispanic Americans unless specifically required or authorized to do so by law.
Sec. 25. effective date
Except as provided in subsection (b), the amendments made
by this Act to the Education Consolidation and Improvement Act of 1981 and title I of the Elementary and Secondary Education Act of 1965 shall be eflective July 1, 1983.
With respect to the period beginning July 1, 1982, and ending June 30, 1983, no recipient of funds under the Education Consolidation and Improvement Act of 1981 shall be held to have expended such funds in violation of the requirements of such Act if such funds are expended either in accordance with such Act as in effect prior to the date of enactment of this Act or in accordance with such Act as amended by this Act.
Approved December 8, 1983.