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"(8) that the local educational apency is makiiij>' the application and all pertinent documents related thereto available to parents and other members of the oeneral public and that all evaluations and reports required under paragraph (7) shall be public information;". AMENDMENTS

WITH

REKPECT TO APPLICATION S

AND

ASSURANCES

SEC. 111. (a) The parenthetical phrase in clause (A) of section 10(>(a)(8) of title I of the Elementary and Secondary Education Act of 1965 is amended by inserting "and of research and replication studies" immediately before the closing parenthesis. (b) Section 10r)(a)(7) of such title is amended by inserting "(which in the case of reports relating to performance is in accordance with specific performance criteria related to program objectives)" after* "such information".

^? ^*^** 3ii 20 USC 24'if. ^9 Stat. 31; 20 USC 24^i*e.

N A T I O N A L ADVISOKY COUNCIL

SEC. 112. Section 184 of title I of the Elementary and Secondary Education Act of 1965 is amended to read as follows: N A T I O N A L ADVISOKY

llfr^l'^^: 20 USC 24 u.

COUNCIL

"SEC. 184. (a) There shall be a National Advisory Council on the Education of Disadvantaged Children (hereinafter in this section referred to as the 'National Council') consisting of fifteen members appointed by the President, without regard to the provisions of title a, United States Code, governing appointment in the competitive serv- 5°us'c**io^i^^ef ice, for terms of three years, except that (1) in the case of initial mem- seq. bers, five shall be appointed for terms of one year each and five shall be appointed for terms of two years each, and (2) appointments to fill vacancies shall be only for such terms as remain unexpired. The National Council shall meet at the call of the Chairman. " (b) The National Council shall review and evaluate the adminis- e vReview n and aluatio. tration and operation of this title, including its effectiveness in improving the educational attainment of educationally deprived children, including the effectiveness of programs to meet their occupational and career needs, and make recommendations for the improvement of this title and its administration and operation. These reconmiendations shall take into consideration experience gained under this and other Federal educational programs for disadvantaged children and, to the extent appropriate, experience gained under other public and private educational programs for disadvantaged children. "(c) The National Council shall make such reports of its activities, findings, and reconmiendations (including recommendations for changes in the provisions of this title) as it may deem appropriate and shall make an annual report to the President and the Congress not to'^p're^ldentTnd later than March 81 of each calendar year. Such annual report shall congress." include a report specifically on which of the various compensatory education programs funded in whole or in part under the provisi(ms of this title, and of other public and private educational programs for educationally deprived children, hold the highest promise for raising the educational attainment of these educationally deprived children. The President is requested to transmit to the Omgress such comments and recommendations as he may have with respect to such report."

47-348 0 - 7 2 - 1 2 (Pt. 1)

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[84 STAT.

I N C R E A S E I N L O W - I N C O M E FACTOR A N D SPECIAL GRANTS FOR U R B A N A N D RURAL SCHOOLS SERVING A T T E N D A N C E AREAS W I T H THE H I G H E S T C O N CENTRATIONS OF C H I L D R E N FROM L O W - I N C O M E F A M I L I E S

gj8o^sjau^n94; 20 USC 241c.

s/statVse^' 20 USC 241a, 241c.

20 USC 24le24im, 24la note.

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 $4,000, 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, ^^^^ ^^^^ ^^^^ ^^^^ ^^g^ ^^^^ ^^g^ ^^^^ ^^^ ^^^^ respectlvely. (5) Such title I is further amended by striking out the heading of part C and by inserting before the caption heading of section 141 the following: " P A R T D — GENERAL PROVISIONS".

81 Stat. 786. 20 USC 24ih.i.

(6) Sucli title I is further amended by striking out all of part B thereof and inserting after section 103 the following: " P A R T B—SPECIAL INCENTIVE GRANTS "MAXIMUM ENTITLEMENT

20 USC 241c.

"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 rec^uirements 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

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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VI7

PUBLIC LAW 91-230-APR. 13, 1970

\n'oVili\\s Hiid projects desi<iiied to meet the special education] needs of educationally depiived children. ''DEFINITIONS

"SEC. 128. For the piirpose of this part the term 'eiiort index' Avhen 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 ei!ort index* means the per centum exjiressing 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 (.'olumbia.

"Effort i n d e x. "

" National effort index."

''I'ART C—SPECIAL GRANTS EOK L'RBAX AND RURAL SCHOOLS SERVIN(J AREAS W I T H THE HKJHEST CONCENTRATIONS OE CHILDREN FROM LOW-INCOME FAMILIES "ELIGIBILITY

AND

MAXIMUM

A M O l ' N T OF (JRANT

131. (a)(1) Each local educati<mal agency which is eligible for a grant under paragraph (2) of section 103(a) shall be entitled to an additional grant under this paragraph for any fiscal year if— " (A) the total number of children described in clause (A), (I^), 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 mimber 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) P^ach 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), o r (C) of section 103(a)(2) shall be entitled to a grant under this l)aragraph (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 lo<"al 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 •'SEC.

79 Stat. 28; 81 Stat. 787. 20 USC 241c.

79 Stat. 28; 80 Stat. 1193; 81 Stat. 787.

81 Stat. 785; Ante, p. 126. 20 USC 241h.

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Page:Cabinet Memoranda 29 August 1945 (cab-129-1-cp-133).pdf/7

 * 3.It is considered that the most effective way to achieve our purposes will be :—
 * (a) To acquire from the British North Borneo (Chartered) Company the sovereign and administrative rights which they possess and have hitherto exercised; and thereafter to provide for the future government of the territory on its liberation by an Administration under the direct authority of His Majesty's Government.
 * (b) To incorporate the present Settlement of Labuan in the new Administration for North Borneo.
 * (c) To conclude new treaties with the Sultan of Brunei and the Rajah of Sarawak at the earliest opportunity which will accord to His Majesty such jurisdiction in their States as will enable His Majesty to legislate for these territories under the Foreign Jurisdiction Act to the fullest extent. In the case of Sarawak, the new treaty should also secure the acceptance by the Rajah of a resident British Adviser whose advice must be sought and acted upon in all substantial matters of policy and administration. (The present treaty with Brunei already provides for a resident British Adviser.)
 * 3.The territories in Borneo are still comparatively undeveloped and they have few racial or other affinities. At this stage, therefore, the basis for closer union between them hardly exists. Community of policy and of administrative action can, however, be assured from the outset under the direction of the Governor-General at Singapore, whose appointment is recommended and the promotion of closer union should be a continuing matter of our policy.


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,P

"^'^'^•"

79 Stat. 28; si Stat.' 787?' 20 USC 241c.

Ante, p. 122.

PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

"(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 be, for the fiscal year ending June 30, 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 ((]) 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 hj 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). uUSES o r FUNDS

Ante, p. 126. 20 USC 241e.

"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) I n 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.". (j) Section 141(a) of such title is amended by striking out "and" ^ '

./

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129

at 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, ^"'®' P- ^^7. 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— ^"^^' P- I26. (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 144". (9) Section 146 of such title I is amended by striking out ", 106(b), ^"'^' P- ^^e. 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) 20 USC 24ik. or 121(b)" and inserting in lieu thereof "or 142(b)". (c) Section 144 of such title is amended (A) by striking out "para- ^^^^^^^'126^' graphs (1) and (2) " in paragraph (3) and inserting in lieu thereof "ao^^sc 24ih. "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 $1,396,975,000 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,,f"*^' PP- ^^e, reduced, but in no case shall allocations on the basis of computa- 127. tions 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 lowincome 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 lowincome 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

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PUBLIC LAW 91-230-APR. 13, 1970

. '

^"^«' p- 126. Effective date.

[84 STAT.

$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 P a i t A of title I; and". ^^^ Except as othcrwise provided, the amendments made by this section shall be effective with respect to fiscal years ending after June 30, 1969. H,

.

,

TECHNICAL

AMENDMENT

9n u^r olf^'

SEC. 114. Section 107(b)(2) of title I of the Elementary and S.econdary Education Act of 1965 is amended by striking out "Wake

20 USC 241g.

jglj^j^^^„

, r,

PART B—AMENDMENTS TO TITLE II or THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (LIBRARY RESOURCES, TEXTBOOKS, AND OTHER PRINTED AND PUBLISHED MATORIALS) EXTENSION OP TITLE II or THE ELEMENTARY AND SECONDARY EDUCATION ACT O F 1965

si^stat^'siV^^' 20 USC 821.

si^stat^^ys^^^' 20 USC 82*2. 79 Stat. 38. 20 USC 824.

SEC. 121. (a) Section 201(b) of the Elementary and Secondary Education Act of 1965 is amended by striking out "and" where it appears after "1969," and by striking out "the fiscal year ending June 30, 1970" and inserting in lieu thereof "each of the fiscal years ending June 30, 1970, and June 30, 1971, $210,000,000 for the fiscal year ending June 30, 1972, and $220,000,000 for the fiscal year ending June 30, 1973". (^) '^^^ third sentence of section 202(a)(1) of such Act is amended by striking out "the fiscal year ending June 30, 1969," and inserting in lieu thereof "each of the succeeding fiscal years ending prior to July 1, 1972,". (c) Section 204(b) of such Act is amended by striking out "July 1, 1970" and inserting in lieu thereof "July 1, 1973". PART C—AMENDMENTS ix) TITLE III OF THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965 (SUPPLEMENTARY EDUCATIONAL SERVICES AND CENTERS) CONSOLIDATION OF CERTAIN EDUCATION PROGRAMS

79 Stat. 39;

SEC. 131. (a)(1) Title III of the Elementary and Secondary Education Act of 1965 is amended to read as follows:

11 Stat. 788. 20 USC 841-848.

"TITLE III—SUPPLEMENTARY EDUCATIONAL (T.NTERS AND SERVICES; G U I D A N C E, COUNSELING, AND TESTING "APPROPRIATIONS AUTHORIZED

"

"SEC. 301. (a) The Commissioner shall carry out a program for making grants for supplementary educational centers and services, to stimulate and assist in the provision of vitally needed educational services not available in sufficient quantity or quality, and to stimulate and assist in the deA^elopment and establishment of exemplary ele-

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PUBLIC LAW 91-230-APR. 13, 1970

mentary and secondary school educational programs to serve as models for regular school programs, and to assist the States in establishing and maintaining programs of testing and guidance and counseling. " (b) For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $550,000,000 for the fiscal year ending June 30, 1971, $575,000,000 for the fiscal year ending June 30, 1972, and $605,000,000 for the fiscal year ending June 30, 1973. I n addition, there are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and each of the succeeding fiscal years, such sums as may be necessary for the administration of State plans, the activities of advisory councils, and the evaluation and dissemination activities required under this title.

131

Appropriation.

"ALLOTMENT AMONG STATES

"SEC. 302. (a)(1) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per centum of the amount appropriated for such year for grants under this title. The Commissioner shall allot the amount appropriated pursuant to this paragraph among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this title. In addition for each fiscal year ending prior to July 1, 1972, he shall allot from such amount to (A) the Secretary of the Interior the amount necessary to provide programs and projects for the purpose of this title for individuals on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior, and (B) the Secretary of Defense the amount necessary for such assistance for children and teachers in the overseas dependents schools of the I>epartment of Defense. The terms upon which payments for such purpose shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title. "(2) From the sums appropriated for making grants under this title for any fiscal year pursuant to section 301(b), the Commissioner shall allot $200,000 to each State and shall allot the remainder of such sums among the States as follows: " (A) He shall allot to each State an amount which bears the same ratio to 50 per centum of such remainder as the number of children aged five to seventeen, inclusive, in the State bears to the number of such children in all the States, and " (B) He shall allot to each State an amount which bears the same ratio to 50 per centum of such remainder as the population of the State bears to the population of all the States. For the purposes of this subsection, the term "State" does not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. "(b) The number of children aged five to seventeen, inclusive, and the total population of a State and of all the States shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him. "(c) The amount allotted to any State under subsection (a) for any fiscal year, which the Commissioner determines will not be required for the period for which that amount is available, shall be available for grants pursuant to section 306 in such State, and if not so needed may be reallotted or used for grants pursuant to section 306 in other States. Funds available for reallotment may be reallotted from time to time, on such dates during that period as the Commissioner may fix, among other States in proportion to the amounts originally allotted

^ ^ '

,,

"state."

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Availability of funds.

PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

among those States under subsection (a) for that year, but with the proportionate amount for any of the other States being reduced to the extent it exceeds the sum the Commissioner estimates that State needs and will be able to use for that period; and the total of these reductions may be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection from funds appropriated pursuant to section 301 for any fiscal year shall be deemed to be a part of the amount allotted to it under subsection (a) for that year. " (d) The amounts made available under the first sentence of subsection (c) for any fiscal year shall remain available for grants during the next succeeding fiscal year. U S E S OF FEDERAL F U N D S

72 Stat. 1592; 78 Stat. 1106; 82 Stat. 1057. 20 USC 481485. Grants.

79 Stat. 49; 80 Stat. 1203. 20 USC 863.

"SEC. 303. (a) I t is the purpose of this title to combine within a single authorization, subject to the modifications imposed by the provisions and requirements of this title, the programs formerly authorized by this title and title V - A of the National Defense Education Act of 1958, and except as expressly modified by this title. Federal funds may be used for the same purposes and the funding of the same types of programs previously authorized by those titles. "(b) Funds appropriated pursuant to section 301 shall be available only for grants in accordance w4th applications approved pursuant to this title for— "(1) planning for and taking other steps leading to the development of programs or projects designed to provide supplementary educational activities and services described in paragraphs (2) and (3), including pilot projects designed to test the effectiveness of plans so developed; "(2) the establishment or expansion of exemplary and innovative educational programs (including dual-enrollment programs ,and the lease or construction of necessary facilities) for the purpose of stimulating the adoption of new educational programs (including those described in section 503(4) and special programs for handicapped children) in the schools of the State; and "(3) the establishment, maintenance, operation, and expansion of programs or projects, including the lease or construction of necessary facilities and the acquisition of necessary equipment, designed to enrich the programs of local elementary and secondary schools and to offer a diverse range of educational experience to persons of varying talents and needs by providing, especially through new and improved approaches, supplementary educational services and activities, such as— " (A) remedial instruction, and school health, physical education, recreation, psychological, social work, and other services designed to enable and encourage persons to enter, remain in, or reenter educational programs, including the provision of special educational programs and study areas during periods when schools are not regularly in session; " (B) comprehensive academic services and, where appropriate, vocational guidance and counseling, for continuing adult education; " (C) specialized instruction and equipment for students interested in studying advanced scientific subjects, foreign languages, and other academic subjects which are not taught in the local schools or which can be provided more effectively on a centralized basis, or for persons who are handicapped or of preschool age;

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PUBLIC LAW 91-230-APR. 13, 1970

" (D) niaking available modern educational equipment and specially qualified personnel, including artists and musicians, on a temporary basis for the benefit of children in public and other nonprofit schools, organizations, and institutions; " (E) developing, producing, and transmitting radio and television programs for classroom and other educational use; " (F) in the case of any local educati<mal agency which is making a reasonable tax effort but which is nevertheless unable to meet critical educational needs (including preschool education), because some or all of its schools are seriously overcrowded, obsolete, or unsafe, initiating and carrying out programs or projects designed to meet those needs, particularly those which will result in more effective use of existing facilities; " (G) providing special educational and related services for persons who are in or from rural areas or who are or have been otherwise isolated from normal educational opportunities, including, where appropriate, the provision of mobile educational services and equipment, special home study courses, radio, television, and related forms of instruction, bilingual education methods and visiting teachers' programs; " (H) encouraging community involvement in educational programs; " (I) providing programs for gifted and talented children; and " (J) other specially designed educational programs or projects which meet the purposes of this title; and "(4) programs for testing students in the public and private elementary and secondary schools and in junior colleges and technical institutes in the State, and programs designed to improve guidance and counseling services at the appropriate levels in such schools. "(c) I n addition to the uses specified in subsection (b), funds appropriated for carrying out this title may be used for— " (1) proper and efficient administration of Stat* plans; "(2) obtaining technical, professional, and clerical assistance and the services of experts and consultants to assist the advisory councils authorized by this title in carrying out their responsibilities; and "(8) evaluation of plans, programs, and projects, and dissemination of the results thereof. ((APPLICATION

133

Additional use of funds.

FOR (JKANTS; CONDITIONS FOK APPKOVAI.

"SKC. 304. (a) A grant under this title pursuant to an approved State plan or by the Commissioner for a supplementary educational center or service program or project may be made only to a local educational agency or agencies, and then only if there is satisfactory assurance that, in the planning of that program or project there lias been, and in the establishment and carrying out thereof there will be, participation of persons broadly representative of the cultural and educational resources of the area to be served. The term 'cultural and educational resources' includes State educational agencies, institutions of higher education, nonprofit private schools, public and nonprofit private agencies such as libraries, museums, musical and artistic organizations, educational radio and television, and other cultural and educational resources. Such grants may be made only upon application to the appropriate State educational agency or to the Commissioner, as the case may be, at such time or times, in such manner,

" C u l t u r a l and educational resources."

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Annual reports.

Records.

PUBLIC LAW 91-230-APR. 13, 1970

[84

STAT.

aiul containing or acconipanied by siic-li information as the Coniniissjoner deems necessary. Such application shall— "(1) provide that the activities and services for which assistance under this title is sought will be administered by or under the supervision of the applicant; "(2) set forth a pro«»:ram for carrying out the purposes set forth in section H8(b) and provide for such methods of administration as are necessary for the proper and efficient operation of the programs; ''(8) set forth policies and procedures which assure that Federal funds made available under this title for any fiscal year will be so used as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available by the applicant for the purposes dascribed in section 808(b), and in uo case supplant such funds; "(4) provide, in the case of an application for assistance under this title which includes a project for the construction of necessary facilities, satisfactory assurance that— " (A) reasonable provision has been made, consistent with the other uses to be made of the facilities, for areas in such facilities which are adaptable for artistic and cultural activities, " (B) upon completion of the construction, title to the facilities will be in a State or local educational agency, and •..rr"'-" " (C) in developing plans for such facilities (i) due consideration will be given to excellence of architecture and i.': design and to the inclusion of works of art (not representing more than 1 per centum of the cost of the project), and (ii) there will be compliance with such standards as the Secretary nuiy prescribe or approve in order to insure that, to the extent appropriate in view of the uses to be made of the facilities, such facilities are accessible to and usable by handicapped l)ersons; "(5) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this title; and "(6) provide for making an annual report and such other reports, in such form and containing such information, as the Commissioner may reasonably require to carry out his functions M under this title and to determine the extent to which funds provided under this title have been effective in improving the educational opportunities of persons in the area served, and for keeping such records and for affording such access thereto as the (\)mmissioner may find necessary to assure the correctness and verification of such reports. '' (b) An application by a local educational agency for a grant under this title may be approved only if it is consistent with the applicable provisions of this title and— "(1) meets the requirements set forth in subsection (a); " (2) provides that the program or project for which application is made— " (A) will utilize the best available talents and resfmrces and will substantially increase the educational ojjportunities in the area to be served by the applicant, and " (B) to the extent consistent with the inimber of children enrolled in nonprofit priA'ate schools in the area to be served whose educational needs are of the type provided by the program or project, makes provision for the participation of such children; and ' " ' " "^ '

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135

" (3) has been reviewed by a panel of experts. " (c) Amendments of applications shall, except as the Commissioner may otherwise provide by or pursuant to regulations, be subject to approval in the same manner as original applications. a STATE P L A N S

"SEC. 305. (a)(1) Any State desiring to receive payments for any Establishment of State fiscal year to carry out a State plan under this title shall (A) establish councils advisory within its State educational agency a State advisory council (hereinafter referred to as the State advisory council) which meets the requirements of this subsection, (B) set dates before which local educational agencies must have submitted applications for grants to the State educational agency, and (C) submit to the Commissioner, through its State educational agency, a State plan at such time and in such detail as the Commissioner may deem necessary. The Commissioner may, by regulation, set uniform dates for the submission of State plans and applications. "(2) The State advisory council, established pursuant to paragraph (1) shall— " (A) be appointed by the State educational agency, and be broadly representative of the cultural and educational resources of the State (as defined in section 304(a)) and of the public, including persons representative of— " (i) elementary and secondary schools, "(ii) institutions of higher education, and "(iii) areas of professional competence in dealing with children needing special education because of physical or mental handicaps; " (B) advise the State educational agency on the preparation of, and policy matters arising in the administration of, the State plan, including the development of criteria for approval of applications under such State plan; " (C) review", and make recommendations to the State educational agency on the action to be taken with respect to, each application for a grant under the State plan; " (D) evaluate programs and projects assisted under this title; and " (E) prepare and submit through the State educational agency Report a report of its activities, recommendations, and evaluations, together with such additional comments as the State educational agency deems appropriate, to the Commissioner and to the National Advisory Council, established pursuant to this title, at such times, in such form, and in such detail, as the Secretary may prescribe. "(3) Not less than ninety days prior to the beginning of any fiscal year in which a State desires to receive a grant under this title, such State shall certify the establishment of, and membership of, its State advisory council to the Commissioner. "(4) Each State advisory council shall meet within thirty days after certification has been accepted by the Commissioner and select from its membership a chairman. The time, place, and manner of meeting shall be as provided by such council, except that such council shall have not less than one public meeting each year at which the public is given opportunity to express views concerning the administration and operation of this title. P f "(5) State advisory councils shall be authorized to obtain the serv and r o e e s sniiocnaal l t ch ices of such professional, technical, and clerical personnel as may be peTsonne"! necessary to enable them to carry out their functions under this title

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Approval of plan, conditions.

Equitable assistance within States, criteria.

PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

and to contract for such services as may be necessary to enable them to carry out their evaluation functions. "(b) The Commissioner shall approve a State plan, or modification thereof, if he determines that the plan submitted for that fiscal year— "(1) (A^ except in the case of funds available for the purpose described in paragraph (4) of section 303(b), sets forth a program (including educational needs, and their basis, and the manner in which the funds paid to the State under this title shall be used in meeting such educational needs) under which funds paid to the State under section 307(a) will be expended solely for the improvement of education in the State through grants to local educational agencies for programs or projects in accordance with sections 303 and 304: Provided,, That, in the ease of a State educational agency that also is a local educational agency, its approval of a program or project to be carried out by it in the latter capacity shall, for the purposes of this title, be deemed an award of a grant by it upon application of a local educational agency if the State plan contains, in addition to the provisions otherwise required by - this section, provisions and assurances (applicable to such programs or project) that are fully equivalent to those otherwise required of a local educational agency; " (B) in the case of funds available for the purpose described in paragraph (4) of section 303(b), sets forth— " (i) a program for testing students in the public elementary and secondary schools of such State or in the public junior colleges and technical institutes of such State, and, if authorized by law, in other elementary and secondary schools and in other junior colleges and technical institutes in such State, to identify students with outstanding aptitudes and ability, and the means of testing which will be utilized in carrying out such program; and "(ii) a program of guidance and counseling at the appropriate levels in the public elementary and secondary schools or public junior colleges and technical institutes of such State, (A) to advise students of courses of study best suited to their ability, aptitudes and skills, (B) to advise students in their decisions as to the type of educational program they should pursue, the vocation they train for and enter, and the job opportunities in the various fields, and (C) to encourage students with outstanding aptitudes and ability to complete their secondary school education, take the necessary courses for admission to institutions of higher education, and enter such institutions and such programs may include, at the discretion of such State agency, short-term sessions for persons engaged in guidance and counseling in elementary and secondary schools, junior colleges, and technical institutes in such State; "(2) sets forth the administrative organization and procedures, including the qualifications for personnel having responsibilities in the administration of the plan in such detail as the (Commissioner may prescribe by regulation; "(3) sets forth criteria for achieving an equitable distribution of assistance under this title, which criteria shall be based on consideration of (A) the size and population of the State, (B) the geographic distribution and density of the po]>ulati(m within the State, and (C) the re^itive need of persons in different geographic areas and in different population groups within the State for the kinds of services and activities described in section 303, and the financial ability of the local educational agencies serving such persons to provide such services and activities;

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PUBLIC LAW 91-230-APR. 13, 1970

"(4) provides for giving special consideration to the application of any local educational agency which is making a reasonable tax effort but which is nevertheless unable to meet critical educational needs, including preschool education for four- and five-year-olds and including where appropriate bilingual education, because some or all of its schools are seriously overcrowded (as a result of growth or shifts in enrollment or otherwise), obsolete, or unsafe; "(5) provides that, in approving applications for grants for programs or projects, applications proposing to carry out programs or projects planned under this title will receive special consideration; "(6) provides for adoption of effective procedures (A) for the evaluation, at least annually, of the effectiveness of the programs and projects, by the State advisory council, supported under the State plan in meeting the purposes of this title, (B) for appropriate dissemination of the results of such evaluations and other information pertaining to such programs or projects, and (C) for adopting, where appropriate, promising educational practices developed through such programs or projects; "(7) provides that not less than 50 per centum of the amount which such State receives to carry out the plan in such fiscal year shall be used for purposes of paragraphs (1) and (2) of section 303(b); "(8) provides that not less than 15 per centum of the amount which such State receives to carry out the plan in such fiscal year shall be used for special programs or projects for the education of handicapped children; "(9) sets forth policies and procedures which give satisfactory assurance that Federal funds made available under this title for any fiscal year (A) will not be commingled with State funds, and (B) will be so used as to suj^plement and, to the extent practical, increase the fiscal effort (determined in accordance with criteria prescribed by the Commissioner, by regulation) that would, in the absence of such Federal funds, be made by the applicant for educational purposes; "(10) provides for such fiscal control and fund accounting procedures as may be necessary to assure projjer disbursement of and accounting for Federal funds paid to the State under this title; "(11) provides for making an annual report and such other reports, m such form and containing such information, as the Commissioner may reasonably require to carry out his functions under this title and to determine the extent to which funds provided under this title have been effective in improving the educational opportunities of persons in the areas served by the programs or projects supported under the State plan and in the State as a whole, including reports of evaluations made in accordance with objective measurements under the State plan pursuant to paragraph (6), and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports; "(12) provides that final action with respect to any application (or amendment thereof) regarding the proposed final disposit'on thereof shall not be taken without first affording the local educational agency or agencies submitting such application reasonable notice and opportunity for a hearing; and "(13) contains satisfactory assurance that, in determining the eligibility of any local educational agency for State aid or the amount of such aid, grants to that agency under this title shall not be taken into consideration.

Preschool and bilingual educational needs.

Annual program evaluation.

Handicapped children.

Annual reports.

Records.

Hearing opportunity.

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[84 STAT.

"(c) The Commissioner may, if he finds that a State plan for any fiscal year ending prior to July 1, 1973, is in substantial compliance with the requirements set forth in subsection (b), approve that part of the plan which is in compliance with such requirements and make available (pursuant to section 307) to that State that part of the State's allotment which he determines to be necessary to carry out that Plan moduica- pg^j-t of the plan SO approved. The remainder of the amount which compliance!^ such State is eligible to receive under this section may be made available to such State only if the unapproved portion of that State plan has been so modified as to bring the plan into compliance with such requirements: Provided, That the amount made available to a State pursuant to this subsection shall not be less than 50 per centum of >.in '" '^ ' x\^Q maximum amount which the State is eligible to receive under this section. " (d) A State which has had a State plan approved for any fiscal year may receive for the purpose of carrying out such plan, an amount not in excess of 85 per centum of its allotment pursuant to section 302. Hearing " (e)(1) The Commissioner shall not finally disapprove any plan opportunity. Submitted under subsection (a), or any modification thereof, without first affording the State educational agency submitting the plan reasonable notice and opportunity for a hearing. Cessation o"''^* "(^) Whcuever the Commissioner, after reasonable notice and oppayments, portunity for hearings to any State educational agency, finds that there has been a failure to comply substantially with any requirement -^-bu set forth in the plan of that State approved under section 305 or with any requirement set forth in the application of a local educational agency approved pursuant to section 304, the Commissioner shall notify the agenc;^ that further payments will not be made to the State under this title (or, in his discretion, that the State educational agency shall not make further payments under this title to specified local educational agencies affected by the failure) until he is satisfied that there is no longer any such failure to comply. Until he is so satisfied, no further payments shall be made to the State under this title, or payments by the State educational agency under this title shall be limited to local educational agencies not affected by the failure, as the case may be. Filing of "(3)(A) If any State is dissatisfied with the Commissioner's final review petition. action with respcct to the approval of a plan submitted under subsection (a) or with his final action under paragraph (2), such State may, within 60 days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action, A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 72 Stat. 941; of title 28, United States Code. 80 Stat. 1323. " (B) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause - shown niay remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. " (C) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 62 Stat. 928. 1254 of title 28, United States Code. " (f)(1) If any local educational agency is dissatisfied with the final action of the State educational agency with respect to approval of an application of such local agency for a grant pursuant to this

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PUBLIC LAW 91-230-APR. 13, 1970

title, such local agency may, within sixty days after such final action or notice thereof, whichever is later, file with the United States court of appeals for the circuit in which the State is located a petition for review of that action, A copy of the petition shall be forthwith transmitted by the clerk of the court to the State educational agency. The State educational agency thereupon shall file in the court the record of the proceedings on which the State educational agency based its action as provided in section 2112 of title 28, United States Code. "(2) The findings of fact by the State educational agency, if supported by substantial evidence shall be conclusive; but the court, for good cause shown, may remand the case to the State educational agency to take further evidence, and the State educational agency may thereupon make new or modified findings of fact and may modify its previous action, and shall certify to the court the record of the further proceedings. "(3) The court shall have jurisdiction to affirm the action of the State educational agency or to set it aside, in whole or in part. The judgment of the court shall be subject to re\iew by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. "SPECIAL PROGRAMS AND PROJECTS

306. (a) From the amount allotted to any State pursuant to section 302 which is not available to that State under a State plan approved pursuant to section 305, the Commissioner is authorized, subject to the provisions of section 304, to make grants to local educational agencies in such State for programs or projects which meet the purposes of section 303 and which, in the case of a local educational agency in a State which has a State plan approved, hold promise of making a substantial contribution to the solution of critical educational problems common to all or several States. The Commissioner may not approve an application under this section unless the application has been submitted to the appropriate State educational agency for comment and recommendation with respect to the action to be taken by the Commissioner regarding the disj^osition of the application. "(b) Not less than 15 per centum of the funds granted pursuant to this section in any fiscal year shall be used for programs or projects designed to meet the special educational needs of liandicapped children. ''SEC.

"PAYMENTS

"SEC. 307. (a) From the allotment to each State pursuant to section 302, for any fiscal year, the Commissioner shall pay to each State, which has had a plan approved pursuant to section 305 for that fiscal year, the amount necessary to carry out its State plan as approved. " (b) The Commissioner is authorized to pay to each State amounts necessary for the activities described in section 303(c), during any fiscal year, except that (1) the total of such payments shall not be in excess of an amount equal to 7i/> per centum of its allotment for that fiscal year or, $150,000 ($50,000"in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), whichever is greater, and (2) in such payment, the amount paid for the administration of the State plan for any fiscal year shall not exceed an amount equal to 5 per centum of its allotment for that fiscal year or $100,000 ($35,000 in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), whichever is greater.

139

o^^f^'' ^^^'

62 Stat. 928.

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Methods of payment.

PUBLIC LAW 91-230-APR. 13, 1970

[84 STAT.

"(c) The Commissioner shall pay to each applicant which has an application approved pursuant to section 306 the amount necessary to carry out the program or project pursuant to such application. " (d) Payments under this section may be made in installments and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. "(e) No payments shall be made under this title to any local educational agency or to any State unless the Commissioner finds, in the case of a local educational agency, that the combined fiscal effort of that agency and the State with respect to the provision of free public education by that agency for the preceding fiscal year was not less than such combined fiscal effort for that purpose for the second preceding fiscal year or, in the case of a State, that the fiscal effort of that State for State aid (as defined by regulation) with respect to the provision of free public education in that State for the preceding fiscal year was not less than such fiscal effort for State aid for the second preceding fiscal year. " (f)(1) I n any State which has a State plan approved under section 305(c) and in which no State agency is authorized by law to provide, or in which there is a substantial failure to provide, for effective participation on an equitable basis in programs authorized by this title by children enrolled in any one or more private elementary or secondary schools of such State in the area or areas served by such programs, the Commissioner shall arrange for the provision, on an equitable basis, of such programs and shall pay the costs thereof for any fiscal year out of that State's allotment. The Commissioner may arrange for such programs through contracts with institutions of higher education, or other competent nonprofit institutions or organizations. "(2) In determining the amount to be withheld from any State's allotment for the provision of such programs, the Commissioner shall take into account the number of children and teachers in the area or areas served by such programs who are excluded from participation therein and who, except for such exclusion, might reasonably have been expected to participate. "RECOVERY OF PAYMENTS

"SEC. 308. If within twenty years after completion of any constriiction for which Federal funds have been paid under this title— " (a) the owner of the facility shall cease to be a State or local educational agency, or " (b) the facility shall cease to be used for the educational and related purposes for which it was constructed, unless the Commissioner determines in accordance with regulations that there is good cause for releasing the applicant or other owner from the obligation to do so, the United States shall be entitled to recover from the applicant or other owner of the facility an amount which bears to the then value of the facility (or so much thereof as constituted an approved project or projects) the same ratio as the amount of such Federal funds bore to the cost of the facility financed with the aid of such funds. Such value shall be determined by agreement of the parties or by action brought in the United States district court for the district in which the facility is situated. "NATIONAL ADVISORY COUNCIL

"SEC. 309. (a) The President shall appoint a National Advisory Council on Supplementary Centers and Services which shall—

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PUBLIC LAW 91-230-APR. 13, 1970

"(1) review the administration of, general regulations for, and operation of this title, including its effectiveness in meeting the purposes set forth in section 303; "(2) review, evaluate, and transmit to the Congress and the President the reports submitted pursuant to section 305(a)(2) "(3) evaluate programs and projects carried out under this title and disseminate the results thereof; and "(4) make recommendations for the improvement of this title, and its administration and operation. "'(b) The Council shall be appointed by the President without regard to the civil service laws and shall consist of twelve members, a majority of whom shall be broadly representative of the educational and cultural resources of the United States including at least one person who has professional competence in the area of education of handicapped children. Such members shall be appointed for terms of 3 years except that (1) in the case of the initial members, four shall be appointed for terms of 1 year each and four shall be appointed for terms of 2 years each, and (2) appointments to till the unexpired portion of any terms shall be for such portion only. When requested by the President, the Secretary of Health, Education, and Welfare shall engage such technical and professional assistance as may be required to carry out the functions of the Council, and shall make available to the Council such secretarial, clerical and other assistance and such pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out its functions. "(c) The Council shall make an annual report of its findings and recommendations (including recommendations for changes in the provisions of this title) to the President and the Congress not later than January 20 of each year. The President is requested to transmit to the Congress such comments and recommendations as he may have with respect to such report." (b) I n the case of any fiscal year ending prior to July 1, 1973, each State submitting a State plan under title III of the Elementary and Secondary Education Act of 1965 shall assure the Commissioner of Education that it will expend for the purpose described in paragraph (4) of section 303(b) of such title III an amount at least equal to 50 per centum of the amount expended by that State for the purposes of title V - A of the National Defense Education Act of 1958 from funds appropriated pursuant to such title V - A for the fiscal year ending June 30, 1970. (c) Any appropriation for the purposes of title V of the National Defense Education Act of 1958 for any fiscal year ending after rJune 30, 1970, shall be deemed to have been appropriated pursuant to section 301 of the Elementary and Secondary Education Act of 1965. (d) The amendment made by this section shall be effective with ^respect to fiscal years ending after June 30, 1970.

141

Reports to C o n g r e s s and President.

Members. Appointment by President.

Tenure.

Report to P r e s i d e n t and Congress.

Ante,

p. 130.

72 Stat. 1592; 78 Stat. 1106; 82 Stat. 1057. 20 USC 4 8 1 485.

Effective date.

PART D — AMENDMENTS TO TITLE V OF THE ELEMENTARY AND SECONDARY EDUCATION ACT or 1965 (STRENGTHENING STATE DEPARTMENTS or EDUCATION) E X T E N S I O N OF TITLE V OF THE E L E M E N T A R Y A N D SECONDARY EDUCATION ACT OF 1965

SEC. 141. Section 501(b) of the Elementary and Secondary Education Act of 1965 is amended by striking out "and" where it appears after "1969," and by striking out all that follows "1968" and inserting in lieu thereof the following: "$80,000,000 each for the fiscal years ending June 30, 1969, June 30, 1970, and June 30, 1971, $85,000,000 for the 47-348 O - 72 - 13 (Pt. 1)

80 Stat. 1203; !1 Stat. 799. 20 USC 8 6 1.

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[84 STAT.

fiscal year ending June 30, 1972, and $90,000,000 for the fiscal year ending June 30, 1973". PROVISION RELATING TO GIFTED A N D T A L E N T E D C H I L D R E N

so'^stat^^i^M'81 Stat. 799.' 20 USC 863. dafi^^'^'"'^*

SEC. 142. (a) Section 503(11) of the Elementary and Secondary Education Act of 1965 (relating to grants to strengthen State departlueuts of education) is amended by inserting after "handicapped" a comma and the following: "and gifted and talented children". (b) The amendment made by this section shall be effective upon enactment of this Act. S T R E N G THE N I N G L E A D E R S H I P AND Q U A L I T Y I N E D U C A T I O N; IMPROVING P L A N N I N G AND EVALUATION OF EDUCATION PROGRAMS

lll'scsei870.

^^'^- ^^'^- (^)(1) ^^^ heading of title V of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "TITLE y—STKENGTHENING STATE AND EDUCATIONAL AGENCIES".

LOCAL

(2) Such title V is amended by inserting before section 501 thereof the following heading: " P A R T A—GRANTS To STRENGTHEN STATE DEPARTMENTS OF EDUCATION".

. -.

(3) Section 507 of such title V, and all references thereto, is redesignated as section 553 of such title and is amended, in subsection (a), by striking out "but it does not include a local educational agency" and inserting in lieu thereof "including local educational agencies". (4) Such title V i s amended— (A) by striking out sections 506,508,509, and 510; (B) in sections 501,502, 503, 504, and 505, by striking out "this title" wherever it appears therein and inserting in lieu thereof "thispart"; (C) in section 503, by inserting "and" at the end of clause (11), by striking out the semicolon at the end of clause (12) and inserting in lieu thereof a period, and by striking out clauses (13) and (14); and (D) by inserting after section 505 the following: "PART B—LOCAL EDUCATIONAL AGENCIES "APPROPRIATIONS AUTHORIZED

plvjilil

"SEC. 521. (a) The Commissioner shall carry out a program for making grants to stimulate and assist local educational agencies in strengthening the leadership resources of their districts, and to assist those agencies in the establishment and improvement of programs to identify and meet the educational needs of their districts. "(b) For the purpose of making grants under this part, there is hereby authorized to be appropriated the sum of $10,000,000 for the fiscal year ending June 30, 1970, $20,000,000 for the fiscal year ending June 30, 1971, $30,000,000 for the fiscal year ending June 30, 1972, and $40,000,000 for the fiscal year ending June 30, 1973.

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143

AMONG STATES

"SEC. 622. (a) From the sums appropriated for carrying out this part for each fiscal year, the Commissioner shall reserve such amount, but not in excess of 2 per centum of such sums, as he may determine and shall apportion such amount among the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this part. The remainder of such sums shall be apportioned by the Commissioner as follows: " (A) H e shall apportion 40 per centum of svich remainder among the States in equal amounts. " (B) He shall apportion to each State an amount that bears the same ratio to 60 per centum of such remainder as the number of public school pupils in the State bears to the number of public school pupils in all the States, as determined by the Commissioner on the basis of the most recent satisfactory data available to him. For purposes of this paragraph, the term 'State' does not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. "(b) The amount apportioned to any State under subsection (a) for any fiscal year which the Commissioner determines will not be required for that year shall be available for reapportionment from time to time, on such dates during that year as the Commissioner may fix, to other States in proportion to the amounts originally apportioned among those States under subsection (a) for that year, but with the proportionate amount for any of the other States being reduced to the extent it exceeds the sum the Commissioner estimates the local educational agencies of such State need and will be able to use for that year; and the total of these reductions shall be similarly reapportioned among the States whose proportionate amounts were not so reduced. Any amount reapportioned to a State under this subsection from funds appropriated pursuant to section 521 for any fiscal year shall be deemed part of the amount apportioned to it under subsection (a) for that year.

"state.

" G R A N T S F R O M APPORTIONED FUNDS

"SEC. 523. From the amount apportioned to any State for any fiscal year under section 522 the Commissioner may, upon approval of an application in accordance with section 524 submitted to him by a local educational agency of such State, after approval by the State educational agency in accordance with section 525, make a ^rant or grants to such local educational agency equal to the expenditures incurred by such agency for the planning of, and for programs for, the development, improvement, or expansion of activities promoting the purposes set forth in section 521(a) and more particularly described in such application and for which such application is approved, such as— "(1) educational planning on a district basis, including the identification of educational problems, issues, and needs in the district and the evaluation on a periodic or continuing basis of educational programs in the district; "(2) providing support or services for the comprehensive and compatible recording, collecting, processing, analyzing, interpreting, storing, retrieving, and reporting of educational data including the use of automated data systems; "(3) programs for conducting, sponsoring, or cooperating in educational research and demonstration programs and projects such as (A) establishing and maintaining curriculum research and innovation centers to assist in locating and evaluating cur-

.,

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[84 STAT.

riculum research findings, (B) discovering and testing new educational ideas (including new uses of printed and audiovisual media) and more effective educational practices, and putting into use those which show promise of success, and (C) studying ways to improve the legal and organizational structure for education, and the management and administration of education in the district of such agency; "(4) programs to improve the quality of teacher preparation, including student-teaching arrangements, in cooperation with institutions of higher education and State educational agencies; "(5) programs and other activities specifically designed to encourage the full and adequate utilization and acceptance of auxiliary personnel (such as instructional assistants and teacher aides) in elementary and secondary schools on a permanent basis; "(6) providing such agencies and the schools of such agencies with consultative and technical assistance and services relating to academic subjects and to particular aspects of education such as the education of the handicapped, the gifted and talented, and the disadvantaged, vocational education, school building design and utilization, school social work, the utilization of modern instructional materials and equipment, transportation, educational administrative procedures, and school health, physical education, and recreation; "^7) training programs for the officials of such agencies; and "(8) carrying out any such activities or programs, where appropriate, in cooperation with other local educational agencies. ((APPROVAL

Reports. R«<^°'^ds.

OF APPLICATION S BY THE COMMISSIONER

"SEC, 524. (a) An application for a grant under this part for each fiscal year shall set forth a plan under which Federal funds received by the applicant under this part for that fiscal year will be used solely for a program of activities specifically designed to strengthen the leadership resources of the applicant and to establish and improve programs to identify and meet the educational needs of the persons served by the applicant. " (b) The Commissioner may approve an application under this part only if the application for that year— " (1) contains or is supported by adequate assurance that Federal funds made available under the approved application will be so used as to supplement, and to the extent practical, increase the amounts of State and local funds that would in the absence of such Federal funds be made available for projects and activities which meet the requirements of section 523; "(2) sets forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for. Federal funds paid under this part; and "(3) provides for making such reports, in such form and containing such information, as the Commissioner may require to carry out his functions under this part, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. "APPROVAL

or

APPLICATIONS

BT

STATE

EDUCATIONAL

AGENCIES

"SEC. 525. In approving applications for the purposes of this part a State educational agency shall— "(1) approve only such applications for proposed projects, programs, or activities as will—

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" (A) make a significant contribution to strengthening the leadership resources of the applicant or its ability to participate effectively in meeting the educational needs of its district, and " (B) involve an expenditure of at least $2,500, and "(2) provide for an equitable distribution on the basis of need of funds provided pursuant to this part, and, to the extent possible within such a distribution, give priority to exemplary projects, programs, or activities. " P A R T C—CoMrREHENSivE E D U C A T I O N A L P L A N N I N G A N D EVALUATION

(AUTHORIZATION "SEC. 531. (a) The Commissioner is authorized to make comprehensive planning and evaluation grants to State and local educational agencies in order to assist and stimulate them to enhance their capability to make effective progress, through comprehensive and continuing planning and evaluation, toward the achievement of opportunities for high-quality education for all segments of the population. " (b) For the purpose of carrying out the provisions of this part. Appropriation. there are hereby authorized to be appropriated $10,000,000 for the fiscal year ending June 30, 1971, $15,000,000 for the fiscal year ending June 30, 1972, and $20,000,000 for the fiscal year ending June 30, 1973. " (c)(1)(A) From the sums appropriated for carrying out this part for each fiscal year, the Commissioner shall reserve such am.ount, but not in excess of 2 per centum of such per centum, as he may determine and shall apportion such amount among the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territorv of the Pacific Islands according to their respective needs for assistance under this part. The remainder shall be apportioned by the Commissioner as follows: " (i) H e shall apportion 40 per centum of such remainder among the States in equal amounts. "(ii) H e shall apportion to each State an amount that bears the same ratio to 60 per centum of such remainder as the population of the State bears to the population of all the States, as determined by the Commissioner on the basis of the most recent satisfactory data available to him. " (B) For purposes of this paragraph (1), the term 'State'does not "state." include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. "(2) The amount apportioned to any State under paragraph (1) of this subsection for any fiscal year which the (Commissioner determines will not be required for that year shall be available for reapportionment from time to time, on such dates during that year as the Commissioner mayfix,to other States in proportion to the amounts originally apportioned among those States under such paragraph for that year, but with the proportionate amount for any of the other States being reduced to the extent it exceeds the sum the Commissioner estimates the State and local educational agencies of such State need and will be able to use for that year; and the total of these reductions shall be similarly reapportioned among the States whose proportionate amounts were not so reduced. Any amount reapportioned to a State under this paragraph from funds appropriated pursuant to this section for any fiscal year shall be deemed part of the amount apportioned to it under paragraph (1) for that year.

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[84 STAT.

"(3) Grants for any fiscal year to a State agency and any local educational agency in such State pursuant to this part shall be made from such State's apportionment for such year pursuant to this subsection. a C O M P R E H E N S IV E P L A N N I N G A N D EVALUATION GRANTS: ELIGIBLE AGENCIES

"SEC. 532. (a) Any State desiring to receive a grant under this part for any fiscal year shall designate or establish within its State educational agency a single office or unit (hereafter in this part referred to as the State planning and evaluation agency) as the sole agency for administering a comprehensive program of systematic planning and evaluation of elementary and secondary education in the State. The State planning and evaluation agency shall have the primary responsibility for planning and evaluating the education programs of the State and for the administration of funds received by the State under this part. "(b) Any local educational agenc}^ desiring to receive a grant under this part must provide the Commissioner with satisfactory assurance that— " (1) the local educational agency or agencies have a planning and evaluation office or unit which has or will have, as the result of assistance under this part, the capability of carrying out a comprehensive program of systematic planning and evaluation meeting the purposes of this part; "(2) the appropriate State educational agency or agencies have been consulted and have had the opportunity to comment on, and advise the local educational agencies and the Commissioner with regard to, the application; and "(3) the planning and evaluation activities of the local educational agency or agencies will be closely coordinated with such activities of the appropriate State agencies; and must further provide the Commissioner with satisfactory assurance that— "(4) the local educational agency serves, or, if two or more local educational agencies are making joint application, those agencies serve, an area with a population sufficient to merit a comprehensive planning and evaluation program in addition to that of the State or of other local educational agencies in the area or region to be served by the applicant; or "(6) the local educational agency or agencies will use the funds for demonstration projects to plan, develop, test, and improve planning and evaluation systems and techniques consistent with, and to further the purposes of, this jDart. "(c) In making grants pursuant to this section the Commissioner shall give special emphasis on developing coordinated and comprehensive plans for educational planning and evaluation between and among the Office of Education, State educational agencies, and local educational agencies, including projects on an interstate, regional, or metropolitan area basis. " (d) No grant shall be made by the Commissioner to a local educational agency or agencies under this part unless the application for such grant has been submitted to the State educational agency or agencies in the State or States in which it is to be carried out. If, within sixty days of such submission or within such longer period of time as the Commissioner may determine pursuant to regulations, the State agency or agencies disapprove the proposed program or project, the Commissioner shall review the application with the appropriate State and local educational agencies before making a final decision.

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'APPLICATION

"SEC. 533. (a) An application for a grant under this part shall be submitted to the Commissioner at such time or times, in such form, and containing such information as he may deem necessary. Such application shall include— "(1) a statement of present and projected educational needs of persons residing in the area to be served; "(2) a description of a program for meeting those needs which includes— " (A) setting long-ran^e areawide goals in meeting educational needs and establishing priorities among such goals, " (B) developing long-range plans for achieving such goals, taking into consideration the resources available and the educational effectiveness of each of the alternatives, " (C) planning new programs and improvements in existing programs based on the results of analyses of alternative •'' means of achieving educational goals, " (D) objectively evaluating at intermediate stages the progress and effectiveness of programs in achieving such goals, and, when appropriate, adjusting goals, plans, and programs to maximize educational effectiveness, and " (E) utilizing available management information, planning, and evaluation systems and techniques; "(3) a plan for developing and strengthening the capabilities of the applicant to improve its planning capacity and to conduct, on a continuous basis, objective evaluations of the effectiveness of education programs and projects; "(4) a plan for utilizing the resources of, and coordinating with, programs affecting education of other Federal, State, and local agencies, organizations, and persons; and "(5) a statement of policies and procedures which have been, or will be, established and implemented for developing and maintaining a permanent system for obtaining and collecting significant information necessary for the assessment of education in the area to be served by the applicant, for consulting with and involving parents of children served by the applicant, and for making full and detailed information concerning the educational planning and evaluation activities and findings of the applicant and other agencies and persons receiving assistance under this part reasonably available to the public. "(b) Applications for grants under this section may be approved by the Commissioner only if he determines that the application— "(1) has been submitted only after interested parents have been given reasonable notice and an opportunity to express their views thereon; "(2) sets forth, in such detail as the Commissioner may determine necessary, such policies and procedures as will provide satisfactory assurance that— " (A) the assistance provided under this section, together with other available resources, will be so used for the purposes of this part as to result in the maximum possible effective progress toward the achievement of a high level of planning and evaluation competence, and " (B) assistance under this part will be used primarily in strengthening the capabilities of the planning and evaluation staff of the agency, office, or unit responsible for the administration of the application plan; and

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STAT.

"(3) sets forth such policies and procedures as will insure that Federal funds made available under the application will be so used as to supplement, and to the extent practical, increase the amounts of State or local funds that would, in the absence of Federal funds, be made available for activities meeting- the purposes of this title; "(4) in the case of applications from States, makes adequate provision (consistent with such criteria as the Commissioner shall prescribe by regulation) for using funds granted under this section to make program planning and evaluation services available to local educational agencies in the State. "(c) A grant made pursuant to an application under this section may be used to pay not to exceed 75 per centum of the cost of the activities covered by the application. "REPORTS

"SEC. 534. P^ach recipient of a grant shall make an annual report on the activities carried out with the funds from such grant which includes such information as the Commissioner determines will permit an evaluation of the effectiveness of the program authorized by this l)art in achieving its purposes. Each such recipient shall also make such other reports, in such form and containing such information as the Commissioner may require to carry out his functions under this part. "PART

D — C O U N C I L S ON QUALITY I N

NATIONAL National Council on Quality in Education. Establishment. Membership.

Term of office.

Program evaluation.

Reports to C o n g r e s s and President.

EDUCATION

A N D STATE ADVISORY COUNC^ILS

"SEC. 541. (a)(1) There is hereby established a National Council on Quality in Education (hereafter referred to as the 'National Council') composed of fifteen members appointed by the President, by and with the advice and consent of the Senate. The membership of the National Council shall include persons who are familiar with the educational needs and goals of the Nation, persons with competence in assessing the progress of the education agencies, institutions, and organizations in meeting those needs and achieving those goals, persons familiar with the administration of State and local educational agencies and of institutions of higher education, and persons representative of the general public. Members shall be appointed for terms of three years, except that (1) in the case of initial members, one-third of the members shall be appointed for terms of one year each and one-third of the members shall be appointed for terms of two years each, and (2) appointments to fill the unexpired portion of any term shall be for such portion only. "(2) The National Council shall— " (A) review the administration of, general regulations for, and operation of the programs assisted under this title at the Federal, State, and local levels, and other Federal education programs; " (B) advise the Commissioner and, when appropriate, the Secretary and other Federal officials with resj^ect to the educational needs and goals of the Nation and assess the progress of the educational agencies, institutions, and organizations of the Nation toward meeting those needs and achieving those goals; " (C) conduct objective evaluations of specific education programs and projects in order to ascertain the effectiveness of such programs and projects in achieving the purpose for which they are intended; " (D) review, evaluate, and transmit to the Congress and the President the reports submitted pursuant to clause (E) of paragraph (3) of subsection (b) of this section;

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" (E) make recommendations (including recommendations for changes in legislation) for the improvement of the administration and operation of education programs including the programs authorized by this title; " (F) consult with Federal, State, local, and other educational agencies, institutions, and organizations with respect to assessing education in the Nation and the improvement of the quality of education, including— "(i) areas of unmet needs in education and national goals and the means by which those areas of need may be met and those national goals may be achieved; "(ii) determinations of priorities among unmet needs and national goals; and "(iii) specific means of improving the quality and effectiveness of teaching, curricula, and educational media and of raising standards of scholarship and levels of achievement; " (G) conduct national conferences on the assessment and improvement of education, in which national and regional education associations and organizations, State and local education officers and administrators, and other organizations, institutions, and persons (including parents of children participating in Federal education programs) may exchange and disseminate information on the improvement of education; and " (H) conduct, and report on, comparative studies and evaluations of education systems in foreign countries. "(3) The National Council shall make an annual report, and such to'cTn^resTand other reports as it deems appropriate, on its findings, recommenda- president. tions, and activities to the Congress and the President. The President is requested to transmit to the Congress, at least annually, such comments and recommendations as he may have with respect to such reports and its activities. "(4) I n carrying out its responsibilities under this section, the National Council shall consult wuth the National Advisory Council on the Education of Disadvantaged Children, the National Advisory Council on Supplementary Centers and Services, the National Advisory Council on Education Professions Development, and such other advisory councils and committees as may have information and competence to assist the National Council. All'Federal agencies are directed to cooperate with the National Council in assisting it in carrying out its functions. " (b)(1) Any State receiving payments under this title for any fiscal s t a t e advisory year may establish a State advisory council (hereinafter referred to as council. 'State council') which if it meets the requirements and has the authority specified in this subsection may receive payments pursuant to paragraph (7). The State council shall be appointed by the Governor or, in the case of States in which the members of the State educational agency are elected (including election by the State legislature), by such agency. " (2) The State council established pursuant to this subsection shall be broadly representative of the educational resources of the State and of the public. Representation on the State council shall include, but not be limited to, persons representative of— " (A) public and nonprofit private elementary and secondary schools, " ^ B) institutions of higher education, " (C) areas of competence in planning and evaluating education programs, and the assessment of the effectiveness of, and the administration of, such programs at the State and local levels; and

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Appropriation.

PUBLIC LAW 91-230-APR. 13, 1970

[84

STAT.

" (D) areas of competence in dealing with children for whom special educational assistance is available under this Act. "(3) The State council shall— " (A) prepare and submit through the State educational agency a report of its activities, recommendations, and evaluations, together with such additional comments as the State educational agency deems appropriate, to the Commissioner and the National Council at such times, in such form, and in such detail, as the Commissioner may prescribe; " (B) advise the State educational agency on the preparation of, and policy matters arising in the administration of, State and local educational programs in the State, including the development of criteria for approval of applications for assistance under this title; " (C) advise State and local officials who have a responsibility for education in the State with respect to the planning, evaluating, administration, and assessment of education in the State; " (D) review and make recommendations to the State educational agency on the action to be taken with respect to applications for assistance under this title by local educational agencies; and " (E) evaluate programs and projects assisted under this title, "(4) Any such State shall certify the establishment of, and membership of its State council to, the Commissioner. "(5) Such State council shall meet within thirty days after its certification has been accepted by the Commissioner and select from among its membership a chairman. The time, place, and manner of meeting shall be as provided by the rules of the State council, except that such rules must provide for not less than one public meeting each year at which the public is given opportunity to express views concerning the operation of programs and projects assisted under this title. (6) Such State council shall be authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable them to carry out their functions under this title and to contract for such services as may be necessary to enable them to carry out their evaluation functions. "(7) There are hereby authorized to be appropriated for each fiscal year such sums, not in excess of 21/^ per centum of the amount otherwise appropriated for such year for the purposes of this title, as may be necessary to carry out the provisions of this subsection. " P A R T E—^GENERAL PROVISIONS " ADMINISTRATION OF P L A N S

Hearing opportunity.

Failure to comply, c e s s a t i o n of payments.

"SEC. 551. (a) The Commissioner shall not finally disapprove any application from a State or a local educational agency, submitted under part A or B of this title, or any modification thereof, without affording the applicant reasonable notice and an opportunity for a hearing. "(b) Whenever the Commissioner, after reasonable notice and an opportunity for a hearing to a State or a local educational agency administering a program under an application approved under this title, finds that there has been a failure to comply substantially with the appropriate provisions of this title or with the provisions of an application approved under this title, he shall notify the State or the local educational agency, as the case may be, that further payments will not be made to that State or that local educational agency under that application until he is satisfied that there is no longer any such failure

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to comply. L'ntil he is so satisfied, no furtlier payments shall be made to that State or that local educational agency under the application. WHienever a local educational agency is given notice under the first sentence of this subsection, notice shall also be submitted to the appropriate State educational agency. "JUDICIAL REVIEW

"SEC. 552. (a) If any State or any local educational agency is dissatisfied with the Commissioner's final action with respect to the approval of an application submitted under part A or B of this title or with his final action under section 551(b), such State or local educational agency may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State or local educational agency is located a petition f(jr review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action as provided in section 2112 of title 28, United States Code. 8o^stat^'i32V " (b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(c) The court shall have jurisdiction to affirm the action of the ' Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code." 62 Stat. 928. (b) The Act of July 26, 1954, entitled "An Act to establish a R^P^^INational Advisory Committee on Education" (Public Law 532, p]ighty-third Congress) is hereby repealed. ^8 Stat. 533. (c) Subsections (a)(1) and (b)(1) of section 2 of the Cooperative 337. Research Act are each amended by striking out "section 503(a)(4) " ^9 Stat. 44; 80 Stat. 1202. and inserting in lieu thereof "sections 503(4) and 523(a)(3)". 20 USC 331a. PART E — AMENDMENTS TO TITLE VII SECONDARY EDUCATION ACT or 1965

OF THE ELEMENTARY AND (BILINGUAL EDUCATION)

E X T E N S I O N O F TITLE VII OF THE E L E M E N T A R Y AND SECONDARY TION ACT o r 1!)5 ( THE B I L I N G U A L EDUCATION ACT)

EDUCA-

SEC. 151. Section 703(a) of the Elementary and Secondary Education Act of 1965 is amended by striking out "and'' where it appears after "1969," and by inserting before the period at the end thereof a comma and the following: "$80,000,000 for the fiscal year ending June 30, 1971, $100,000,000 for the fiscal year ending June 30, 1972, and $135,000,000 for the fiscal year ending June 30, 1973". APPLICATION TO I N D I A N S ON

81 Stat. 816. 20 USC 8 8 0 b - l.

RESERVATIONS

SEC. 152. (a) Title VII of the Elementary and Secondary Education Act of 1965 is amended by redesignating sections 706, 707, and 708 (and references thereto) as sections 707, 708, and 709 thereof and ^^2^0 Y^*^ 880b.4by inserting the following new section immediately after section 705: 880b-6.

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