designation of responsibility for provision of special educational services for institutionalized neglected or delinquency children

designation of responsibility for provision of special educational services for institutionalized neglected or delinquency children Sec. 103. (a) Paragraph (2) of section 103(a) of title I of the Elementary and Secondary Education Act of 1965 is amended by adding at the end thereof the following sentence: “Notwithstanding the foregoing provisions of this paragraph, upon determination by the State educational agency that a local educational agency in the State is unable or unwilling to provide for the special educational needs of children, described in clause (C) of the first sentence of this paragraph, who are living in institutions for neglected or delinquent children, the State educational agency shall, if it assumes responsibility for the special educational needs of such children, be eligible to receive the portion of the allocation to such local educational agency which is attributable to such neglected or delinquent children, but if the State educational agency does not assume such responsibility, any other State or local public agency, as determined by regulations established by the Commissioner, which does assume such responsibility shall be eligible to receive such portion of the allocation.” (b) Section 103(d) of such Act is amended by adding at the end thereof the following new sentence: “For purposes of this section, the Secretary shall consider all children who are in correctional institutions to be living in institutions for delinquent children.”