9 1 any fiscal year for making payments under this title amounts 2 reduced pursuant to subsection (a) shall be increased on the 3 4 5 6 same basis that they were reduced. TITLE II—EQUALIZATION GRANTS FINDING AND PURPOSE SEC. 201. (a) The Congress finds that the Federal 7 Government has an obligation to assist the States in equal8 izing the resources available within the States so that an 9 opportunity to obtain an education appropriate to individual 10 need will be available to all children regardless of their 11 place of residence within the States. 12 (b) It is therefore the purpose of this title to provide 13 financial assistance to the States to assist them in equalizing 233 14 educational opportunity. 15 16 CREATION OF TRUST FUND SEC. 202. (a) (1) There is created in the books of the 17 Treasury of the United States a trust fund to be known as 18 the Education Trust Fund (hereinafter referred to as the 19 "trust fund"), which shall remain available without fiscal 20 year limitation and shall consist of the amounts appropriated 21 to it as provided in subsections (b) and (c). 22 (2) The Commissioner shall be the trustee of the trust 23 fund and shall report to the Congress not later than March 1 24 of each year on the operation and status of the trust fund 25 during the preceding fiscal year. 10 1 (b) There are authorized to be appropriated and de2 posited in the trust fund, for the fiscal year ending September 3 30, 1978, and for each of the succeeding fiscal years, such 4 sums as the States may be entitled to in equalization grants 5 for each fiscal year pursuant to section 203. 6 (c) There is also authorized to be appropriated and de7 posited in the trust fund for each fiscal year an amount 8 equal to not more than 2 per centum of the amount appro9 priated for such year for payments to States under subsection 10 (b). The Commissioner shall allot the amount appropriated 11 pursuant to this subsection among Puerto Rico, Guam, 12 American Samoa, the Virgin Islands, and the Trust Ter13 ritory of the Pacific Islands according to their respective 14 needs for such assistance under this title. 15 16 AMOUNT OF EQUALIZATION GRANTS SEC. 203. (a) Upon approval of a State's application 17 for an equalization grant under section 204, the Commis18 sioner shall pay out of the trust fund to each State the 19 amount to which it is entitled under this section. 20 (b) The amount of an equalization grant to which a 21 State is entitled shall be an amount equal to the product 22 2 2 2 2 2 ± 25 23 obtained by multiplying (1) the number of children in average daily mem bership in the elementary and secondary schools in the 24 State by 1 2 3 11 (2) (A) $200 for the first fiscal year in which the State participates in the program authorized by this title; 4 (B) $300 for the second such fiscal year; 5 8 9 (C) $400 for the third such fiscal year; (D) $500 for the fourth such fiscal year; and APPLICATIONS FOR EQUALIZATION GRANTS SEC. 204. (a) Any State desiring to receive its entitle10 ment for equalization grants under this title, in lieu of basic 11 grants under title I of this Act, shall submit to the Com12 missioner a State plan to achieve an equalization of resources 13 for elementary and secondary education within such State 14 within five fiscal years of the date of its application. 15 (b) The equalization plan referred to in subsection (a) 16 of this section must guarantee that (1) the quality of education provided to a child within that State cannot be the result of the wealth of the school district in which he attends school but rather must result from the wealth of the State taken as a whole; (2) by the end of the fifth fiscal year of such State's participation in this program the per pupil expenditure (exclusive of Federal funds, except for funds provided under this program) of any local educational agency 1 2 3 4 5 6 -7 12 within such State (not including additional expenditures commensurate with need and cost as required by paragraphs (3) and (4) of this subsection) shall not vary by more than 10 per centum from such expenditure in any other local educational agency within such State; (3) amounts commensurate with their needs are expended on children with greater educational needs, in8 cluding educationally disadvantaged, handicapped, and vocational education students; 9 (4) amounts commensurate with the costs are expended in school districts with greater costs, including those attributable to sparsity of population; (5) (A) (i) to the extent consistent with number of children in the school districts of such State who are enrolled in private nonprofit elementary and secondary schools, such State, after consultation with the appro priate private school officials, will provide for the benefit of such children in such schools secular, neutral, or nonideological services, materials, and equipment including such facilities as necessary for their provision, consistent with subparagraph (B) of this section, or, if such are not feasible or necessary in one or more of such private schools as determined by the State after consultation with the appropriate private school officials, such other arrangements, as dual enrollments, which will assure ad 97-782 O-77 - 2 1 2 3 13 equate participation of such children, and (ii) from the funds received by such State under the provisions of section 203, such State will expend for the purposes of 4 fulfilling the requirements of this paragraph, an amount сл 5 67 which bears the same ratio to the total amount received under section 203 as the number of children enrolled in private nonprofit schools who are counted for purposes of 8 section 203 (b) bears to the total number of such children enrolled in elementary and secondary schools in the school districts of such State; (B) (i) the control of funds provided under this title and title to property acquired therewith shall be in a public agency for the uses and purposes provided in this section, and that a public agency will administer such funds and property; (ii) the provision of services pursuant to subparagraph (A) shall be provided by em ployees of a public agency or through contract by a public agency with a person, an association, agency, or corporation who or which in the provision of such services, is independent of such private school and any religious organization, and such employment or contract shall be under the control and supervision of a public agency; and (iii) the funds provided under this title shall not be commingled with State or local funds; and (8) the State will make to the Commissioner |