Financial Assistance for Elementary and Secondary Education Act

Financial Assistance for Elementary and Secondary Education Act - Title I: General Provisions - Authorizes appropriations for purposes of titles II and III of this Act. States that an amount not to exceed three percent of such appropriations be used to meet the education needs existing in American territories and for Indian children at schools operated by the Department of Interior. Allots to each State from such appropriations $5,000,000 annually or the amount allotted to that State in the preceding fiscal year under this Act or programs consolidated under this Act whichever is less and 85 percent of the amount in excess of $5,000,000 allotted to that State under such programs. Directs that the remaining appropriations be allocated to each State based on a ratio of the number of children from low-income areas in such State.

Requires that any State desiring grants under this Act: (1) designate the agency which will administer such assistance; (2) develop a plan meeting specified requirements for the use of such funds; (3) certify to the Commissioner of Education that it has such a plan; (4) certify annually that it has complied with such plan; (5) develop procedures for the periodic determination of the State's compliance with its plan; (6) submit such procedures to the Commissioner for approval; and (7) provide for an annual audit of expenditures from such grants and report the results of such audit to the Commissioner.

Requires that any State procedures for developing such plan provide for public notification and a means for obtaining the views of specified parties regarding such plan.

Declares that a State comprehensive plan shall: (1) set forth the objectives to be achieved under the plan; (2) provide for the allocation of funds in accordance with the requirements of this Act; and (3) set forth procedures to insure that distribution to local educational agencies take into account the number and concentration of children from low-income families and educationally deprived and handicapped children. Requires that at least 75 percent of the funds provided under this Act be distributed to local educational agencies to meet the special educational needs of educationally deprived and handicapped children. Directs that not more than five percent of the amount made available under this Act, or the percentage available under programs consolidated under this Act for administrative costs, whichever is greater, be used for the administration of the State plan.

Authorizes the State agency designated to carry out the purposes of this Act to delegate administrative functions to other agencies, transfer funds to such agency, and enter into contracts to carry out activities authorized under this Act.

Prohibits the payment of funds to any State which has failed to certify its plan and compliance with such plan to the Commissioner. Authorizes the Commissioner to suspend or reduce payments to States which failed substantially to comply with the provisions of such plan or specified provisions of this Act. Allows such State to file a petition of review with the United States court of appeals for the circuit in which the State is located. States that any findings of the Commissioner, if supported by substantial evidence, shall be conclusive in such action.

Requires that any audit of funds provided under this Act be limited to such funds.

Subjects funds available under this Act to title VI of the Civil Rights Act of 1964, title IX of the Education Amendments of 1972 and provisions forbidding the discrimination against qualified handicapped individuals under the Rehabilitation Act of 1973.

Directs State educational agencies to insure that children enrolled in private nonprofit elementary and secondary schools and children in Indian tribal elementary or secondary schools are given an opportunity to participate in activities assisted under this Act. Authorizes the Commissioner to arrange for such children to receive similar services to those provided under this Act if the State is prohibited by law from providing for such participation or has failed to do so.

Defines terms for purposes of this Act. Repeals specified Acts and provisions of Federal Acts.

Title II: Elementary and Secondary Handicapped and Adult Education Programs - Directs that State comprehensive plans under this Act include programs for educationally deprived and handicapped children in the State and adult education. Specifies allowable further uses of such funds. Sets forth the allocation of funds available under this Act to local educational agencies to meet the special educational needs of educationally deprived and handicapped children.

Title III: Vocational Education - States that a specified portion of funds available under this Act be used for vocational education purposes. Sets forth requirements for a State's vocational education programs. Specifies programs and activities for which available funds may be used.

Title IV: National Impact Projects - Declares it the purpose of this title to provide support for special activities, and for innovation and development in vocational education and the education of the handicapped through projects which can be more effectively carried out on a national or regional basis. Authorizes the Commissioner to carry out specified activities relating to such purpose. Authorizes appropriations of $69,000,000 annually through fiscal year 1980 to carry out the purposes of this title.