increase in low-income factor and special grants for urban and rural schools serving attendance areas with the highest concentrations of children from low-income families

increase in low-income factor and special grants for urban and rural schools serving attendance areas with the highest concentrations of children from low-income families Sec. 113. (a) The second sentence of subsection (c) of section 103 of title I of the Elementary and Secondary Education Act of 1965 is amended by striking out all after “1968,” and inserting in lieu thereof the following: “and for the four succeeding fiscal years they shall be 50 per centum and $3,000, respectively, and for the fiscal year ending June 30, 1973 they shall be 50 per centum and $1,000, respectively’.”. (b) (1) Title I of such Act is further amended by striking out “Part A—Basic Grants” where it appears before section 101 and inserting “Part A—Basic Grants” before section 103. (2) Section 101 of such title I is amended by striking out “this part” and inserting in lieu thereof “the following parts of this title”. (3) Sections 102, 105, 106, 107, and 108 of such title I are each amended by striking out “this part” and inserting in lieu thereof “this title”. (4) Sections 105, 106, 107, 108, 131, 132, 133, 134, 135, and 136 of such title I, and all references thereto, are redesignated as sections 141, 142, 143, 144, 145, 146, 147, 148, 149, and 150, respectively. (5) Such title 1 is further amended by striking out the heading of part C and by inserting before the caption heading of section 141 the following: “Part D— General Provisions”. (6) Such title I is further amended by striking out all of part B thereof and inserting after section 103 the following: “Part B— Special Incentive Grants “maximum entitlement “Sec. 121. (a) In the case of any fiscal year ending after June 30, 1969, each State shall be entitled to a special incentive grant if such State has an effort index for the second preceding fiscal year that exceeds the national effort index for such year. “(b) The maximum amount of a special incentive grant for which a State is eligible for any fiscal year shall be determined by multiplying the amount of $1 for each 0.01 per centum by which the effort index of that State for the second preceding fiscal year exceeds the national effort index for such year times the aggregate number of children counted for the purposes of entitled local educational agencies within such State to basic grants in accordance with clauses (2), (5), (6), and (7) of section 103(a), except that no State shall be eligible to receive a special incentive grant under this part in an amount in excess of 15 per centum of the total amount available for grants under this part. “application; use of funds “Sec. 122. Any State desiring the special incentive grant to which it is entitled under this part for any fiscal year shall make application therefor, in accordance with the requirements set forth in section 142, to the Commissioner. Such application shall be submitted at such time and contain such information as the Commissioner shall require by regulation and shall contain a statement of such policies and procedures as will insure that funds granted to the State under this part will be (1) made available to local educational agencies within that State which have the greatest need for assistance under this title, and (2) used, in accordance with the applicable provisions of this title, for 84 Stat. 127programs and projects designed to meet the special educational needs of educationally deprived children. “definitions “Sec. 123. For the purpose of this part the term ‘effort index’ when applied to States, means the per centum expressing the ratio of expenditures from all non-Federal sources in a State for public elementary and secondary education to the total personal income in such State, and the term ‘national effort index’ means the pier centum expressing the ratio of such expenditures in all States to the total personal income in all States; and the term ‘State’ means the fifty States and the District of Columbia. “Part C— Special Grants for Urban and Rural Schools Serving Areas With the Highest Concentrations of Children From Low-Income Families “eligibility and maximum amount of grant “Sec. 131. (a) (1) Each local educational agency which is eligible for a grant under paragraph (2) of section 103(a) shall be entitled to an additional giant under this paragraph for any fiscal year if— “(A) the total number of children described in clause (A), (B), or (C) of section 103(a)(2) in the school district of such agency for such year amounts to at least 20 per centum of the total number of children, aged five to seventeen inclusive, in the school district of such agency for such year; or “(B) the total number of children described in clause (A), (B), or (C) of section 103(a)(2) in the school district is at least 5,000 and amounts to at least 5 per centum of the total number of children, aged five to seventeen, inclusive, in such school district. “(2) Each local educational agency which is eligible for a grant under paragraph (2) of section 103(a) and which (A) is not eligible for a grant under paragraph (1) of this subsection, but (B) would be eligible for a grant under such paragraph (1) if there were in the school district of such agency a relatively small increase in the number of children, aged five to seventeen, inclusive, described in clause (A), (B),or (C) of section 103(a)(2) shall be entitled to a grant under this paragraph (2) if the State educational agency of the State in which such agency is located determines (in accordance with criteria established by regulation of the Commissioner) that, such agency has an urgent need for financial assistance to meet the special educational needs of the educationally deprived children in the school district of such agency. “(b) (1) The maximum amount of any grant to any local educational agency under paragraph (1) of subsection (a) shall be— “(A) for the fiscal year ending June 30, 1970. 30 per centum of the amount that such agency is eligible to receive for such fiscal year under paragraph (2) of section 103(a); and “(B) for any succeeding fiscal year, 40 per centum of the amount that such agency is eligible to receive for each such succeeding fiscal year. The aggregate of the amounts for which all local educational agencies are eligible under this paragraph for any fiscal year shall not exceed the amount determined in the following manner: “(i) compute the total amount for which all State and local educational agencies are eligible under this title for that, fiscal year; “(ii) subtract from such total, a sum equal to the figure set forth in paragraph (3) of section 144; and 84 Stat. 128 “(iii) if that portion of such total which is attributable to amounts for which local educational agencies are eligible under this paragraph constitutes more than 15 per centum of the remainder of such total, reduce such portion until it constitutes 15 per centum of such remainder, through ratable reductions of the maximum grants for which local educational agencies are eligible under this paragraph. “(2) The maximum amount of any grant to any local educational agency under paragraph (2) of subsection (a) shall not exceed the maximum amount to which it would have been entitled if it had been eligible under paragraph (1) of such subsection. The maximum amount which shall be available to the Commissioner for grants under such paragraph (2) of subsection (a) shall lie, for the fiscal year ending June 20, 1970, equal to 3 per centum of the total amount available for grants for such fiscal year under paragraph (1) of subsection (a) and, for any succeeding fiscal year, such amount shall be equal to 5 per centum of the total amount available for grants for that year under such paragraph (1). “(c) For the purposes of this section the term ‘State’ means the fifty States and the District of Columbia. “(d) (1) In making determinations under this section the Commissioner is authorized, in accordance with regulations prescribed by him, to use the most recent satisfactory data made available to him by the appropriate State educational agency. If satisfactory data for determining the number of children described in clause (A), (B) or (C) of section 103(a)(2) in a school district for the purpose of subsection (a) are not otherwise available to the Commissioner, such determination may be made on the basis of data furnished to him by a State educational agency with respect to the amount of the maximum grant under part A of this title allocated by such State agency to the local educational agency for such district in the State for the purpose of the second sentence of section 103(a)(2), for the fiscal year preceding the fiscal year for which such determination is made. “(2) Determinations under this section may be made on the basis of data furnished in accordance with section 103(d). “uses of funds “Sec. 132. (a) Funds available for grants under this part shall be used solely for programs and projects designed to meet the special educational needs of educationally deprived children in preschool programs and in elementary schools serving areas with the highest concentrations of children from low-income families, except that such funds may be used for programs and projects for such children in secondary schools serving areas with the highest concentrations of children from low-income families if the local educational agency and its State educational agency determine (in accordance with criteria established by regulation of the Commissioner) that— “(A) there is an urgent need for such programs and projects for such children in secondary schools in the area to be served by the local educational agency; and “(B) there is satisfactory assurance that such programs and projects will be at least as effective in achieving the purposes of this title as the use of such funds for programs and projects for such children in elementary schools in such area. “(b) In addition to meeting the requirements and conditions set forth in part D, applications for grants under this part shall meet such other requirements and conditions, consistent with the purposes of this title, as the Commissioner shall establish by regulation.”. (7) Section 141(a) of such title is amended by striking out “and” 84 Stat. 129at the end of paragraph (10), and by striking out the period at the end of paragraph (11) and inserting in lieu thereof “; and”, and by adding at the end thereof the following new paragraph: “(12) in the case of funds received under part C of this title, the local educational agency sets forth such procedures and policies and provides such assurances as the Commissioner may require by regulation for the uses of funds available under such part C to carry out the purposes of this title, and, for any fiscal year ending after June 30, 1970, sets forth a comprehensive plan for meeting the special educational needs of children to be served under such part C including provisions for effective use of all funds available under this title and provisions setting forth specific objectives of such plan and the criteria and procedures, including objective measurements of educational achievement, that will be used to evaluate at least annually the extent to which the objectives of the plan have been met.”. (8) Section 143 of such title I is amended— (A) by inserting before the period at the end of paragraph (2) of subsection (a) thereof “or section 131”, and (B) by striking out “sections 103 and 144” where it appears in clause (1) of subsection (b) and inserting in lieu thereof “sections 103, 131, and ¡44”. (9) Section 146 of such title I is amended by striking out “, 106(b), or 121 (b)” and inserting in lieu thereof “or 142(b)”. (10) Section 147 of such title I is amended by striking out “, 103(b) or 121(b)” and inserting in lieu thereof “or 142(b)”, (c) Section 144 of such title is amended (A) by striking out “paragraphs (1) and (2)” in paragraph (3) and inserting in lieu thereof “paragraphs (1), (2), and (3)”, (B) by redesignating such paragraph (3) as paragraph (4), and (C) by inserting before such paragraph (4) the following new paragraph: “(3) that part of such sums for any fiscal year which is in excess of $1,396,975,(100 shall be allocated on the basis of computations in accordance with remaining entitlements under section 103(a)(2), and entitlements under sections 121 and 131, as ratably reduced, but in no case shall allocations on the basis of computations in accordance with section 131 exceed 15 per centum of such excess; and”. (d) Effective for fiscal years ending after June 30, 1972, such section 144 is further amended— (1) by inserting after the first sentence the following new sentence: “For the purposes of parts B and C of this title, in determining entitlements under such parts, the number of children described in section 103(a) shall be ascertained by using a low-income factor of (i) $2,000 when allocations are made under clause (A) of paragraph (2) in the first sentence of this section, (ii) $3,000 when allocations are made under clause (B) of such paragraph, and (iii) $4,000 when allocations are made under clause (C) of such paragraph.”; and (2) by striking out clause (B) of paragraph (2) and inserting in lieu thereof the following: “(B) until appropriations are sufficient to satisfy all maximum grants as computed by using a low-income factor of $3,000, any amount remaining after allocations are computed pursuant to clause (A) shall be allocated by using a low-income factor of $3,000 with respect to children described in section 103(a)(2) who are not counted for purposes of clause (A);and “(C) until appropriations are sufficient to satisfy all maximum grants as computed by using a low-income factor of 84 Stat. 130$4,000, any amount remaining after allocations are computed pursuant to clauses (A) and (B) shall be allocated by using a low-income factor of $4,000 with respect to children described in section 103 (a)(2) who are not counted for purposes of clause (A) or (B); and “(D) the aggregate amount available for grants to local educational agencies within each State shall be not less than the aggregate amount allocated to local educational agencies within such State for the fiscal year ending June 30, 1967, until the total sums available from appropriations for that fiscal year exceed $1,500,000,000 for Bait A of title I; and”. (e) Except as otherwise provided, the amendments made by this section shall be effective with respect to fiscal years ending after June 30, 1969.