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[82 STAT.

higher education, and is not engaging in gainful employment other than employment approved by the Secretary by or pursuant to regulation. " P A R T C—GENEILVL PROVISIONS "DEFINITIONS

Ante, p. 1042.

"SEC. 921. As used in this title— " (a) The term 'State' includes the Canal Zone, and the Trust Territory of the Pacific Islands. "(b) The term 'institution of higher education' means an educatioual institution described in the first sentence of section 1201 (other than an institution of any agency of the United States) which is accredited by a nationally recognized accrediting agency or association approved by the Secretary for this purpose. For purposes of this subsection, the Secretary shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered. "(c) The term 'public service' means service as an officer or employee in any branch of State, local, or Federal Government. " (d) The term 'academic year' means an academic year or its equivalent, as determined by the Secretary. "COORDINATION OP FEDERAL ASSISTANCE

"SEC. 922. I n administering this title, the Secretary shall give primary emphasis to the assistance of programs and activities n,ot otherwise assisted by the Department of Health, Education, and Welfare, or by other agencies of the Federal Government, so as to promote most effectively the objectives of this title. "LIMITATION

"School or dedfvinuy!'°

"SEC. 923. No grant, contract, or fellowship shall be awarded under this title to, or for study at, a school or department of divinity. For the purposes of this section, the term 'school or department of divinity' means an institution or department or branch of an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects. uREPORT

"SEC. 924. The Secretary shall include in his annual report to the Congress a report of activities of his Department under this title, including recommendations for needed revisions in the provisions thereof. "AUTHORIZATION OF APPROPRIATIONS

"SEC. 925. There are authorized to be appropriated $340,000 for the fiscal year ending June 30, 1969, $5,000,000 for the fiscal year ending June 30, 1970, and $13,000,000 for the fiscal year ending June 30, 1971, to carry out the purposes of this title (and planning and related activities in the initial fiscal year for such purpose). Funds appropriated for the fiscal year ending June 30, 1969, shall be available for obligation pursuant to the provisions of this title during that year and the succeeding fiscal year."

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1047

PART H—IMPROVEMENT OF GRADUATE PROGRAMS AUTHORIZATION

SEC. 271. The Higher Education Act of 1965 is amended by inserting after title IX the following new title: "TITLE X—IMPROVEMENT OF GRADUATE

PROGRAMS

"STATEMENT OF PURPOSES

"SEC. 1001. The purposes of this title are to strengthen and improve the quality of graduate programs leading to a doctoral or professional (other than medical) degree, and to increase the number of such quality programs. "APPROPRIATIONS AUTHORIZED; USE OF GRANTS

"SEC. 1002. (^a) There are authorized to be appropriated $340,000 for the fiscal year ending June 30, 1969, $5,000,000, for the fiscal year ending June 30, 1970, and $10,000,000 for the fiscal year ending June 30, 1971, to enable the Commissioner to make grants to institutions of higher education having programs leading to a degree of doctor of philosophy or comparable professional or other graduate degree, upon such terms and conditions as he may establish, to pay part of the cost of planning, developing, or carrying out projects or activities designed to achieve one or more of the purposes set forth in section 1001. Such amount for the fiscal year ending June 30, 1969, shall also be available for planning and related activities for the purpose of this title. Such grants may be used for experimental, innovative, or interdisciplinary projects or activities such as— " (1) the strengthening of graduate faculties by enlarging their size, improving their academic or professional qualifications, or increasing the number of disciplines in which they are skilled; "(2) the expansion or improvement of existing graduate programs, or the establishment of additional graduate programs; "(3) the acquisition of appropriate equipment or curricular, research, or other materials required to fulfill the objectives of projects or activities described in clause (2); "(4) the development or carrying out of cooperative arrangements among graduate schools in furtherance of the purposes of this title; or " (5) the strengthening of graduate school administration. "(b) No portion of the sums granted under this title may be used— "(1) for payment in excess of 66% per centum of the total cost of such project or activity; "(2) for payment in excess of 50 per centum of the cost of the purchase or rental of books, audiovisual aids, scientific apparatus, or other materials or equipment, less any per centum of such cost, as determined by the Commissioner, that is paid from sums received (other than under this part) as Federal financial assistance; or "(3) for sectarian instruction or religious worship, or primarily in connection with any part of the program of an institution, or department or branch of an institution, whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects.

96-600 O - 69 - 69

^"'®' P- lo^a.

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


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[82 STAT.

"SELECTION OF GRANT RECIPIENTS

"SEC. 1003. I n the awarding of grants under this title the Commissioner shall, insofar as practicable and consistent with the other purposes of this title, give weight to the objective of having an adequate number of graduate and professional schools of good quality within each appropriate region. "CONSULTATION

"SEC. 1004. I n the development of general policy governing the administration of this title, the Commissioner shall consult with the National Science Foundation, the National Foundation on the Arts and the Humanities, and the Federal Judicial Center for the purpose of promoting the coordination of Federal programs bearing on the purposes of this title." PART I — L A W SCHOOL CLINICAL EXPERIENCE PROGRAMS AUTHORIZATION

Ante. p. 1047.

SEC. 281. The Higher Education Act of 1965 is amended by inserting after title X the following new title: "TITLE XI—LAW SCHOOL CLINICAL E X P E R I E N C E PEOGRAMS a PROGRAM AUTHORIZATION

"SEC. 1101. (a) The Commissioner is authorized to enter into contracts with accredited law schools in the States for the purpose of paying not to exceed 90 per centum of the cost of establishing or expanding programs in such schools to provide clinical experience to students in the practice of law, with preference being given to programs providing such experience, to the extent practicable, in the preparation and trial of cases. " (b) Such costs may include necessary expenditures incurred for— "(1) planning; "(2) training of faculty members and salary for additional faculty members; " (3) travel and per diem for faculty and students; "(4) reasonable stipends for students for work in the public service performed as part of any such program at a time other than during the regular academic year; "(5) equipment; and "(6) such other items as are allowed pursuant to regulations issued by the Commissioner. " (c) No law school may receive more than $75,000 in any fiscal year pursuant to this title. -ch^or"^"*'^^^'" "^^^ ^ ^ ^ ^^® purpose of this title the term 'accredited law school' means any law school which is accredited by a nationally recognized accrediting agency or association approved by the Commissioner for this purpose. "APPLICATIONS

"SEC. 1102. (a) A contract authorized by this title may be made by the Commissioner upon application which— "(1) is made at such time or times and contains such information as he may prescribe; " (2) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and

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82 STAT. ]

1049

accounting for Federal funds paid to the applicant under this title; 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 title, 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. "(b) The Commissioner shall allocate contracts under this title in such manner as will provide an equitable distribution of such contracts throughout the United States among law schools which show promise of being able to use funds effectively for the purposes of this title. AUTHORIZATION OF APPROPRIATIONS

"SEC. 1103. There are authorized to be appropriated $340,000 for the fiscal year ending June 30, 1969, and $7,500,000 for each of the fiscal years ending June 30, 1970, and June 30, 1971, to carry out the purposes of this title (and planning and related activities in the initial fiscal year for such purposes). Funds appropriated for the fiscal year ending June 30, 1969, shall be available for obligation pursuant to the provisions of this title during that year and the succeeding fiscal year." PART J—AMENDMENTS TO GENERAL PROVISIONS ( TITLE

XII)

ESTABLISHMENT OF ADVISORY C O U N C I L O N GRADUATE E D U C A T I O N; ABOLIT I O N OF H I G H E R EDUCATION F A C I L I T I E S ACT ADVISORY COMMITTEE

S E C 291. (a) The Higher Education Act of 1965 is amended by adding after the section 1204 (as redesignated by section 251 of this Act) the following new section: ii

ADVISORY C O U N C I L ON GRADUATE

Ante,

p. 1042.

EDUCATION

"SEC. 1205. (a) There is hereby established in the Office of Educatio» an Advisory Council on Graduate Education (hereafter in this section referred to as the 'Council'), consisting of the Commissioner, who shall be Chairman, of one representative each from the Office of Science and Technology in the Executive Office of the President, the National Science Foundation, and the National Foundation on the Arts and the Humanities, and of members appointed by the Commissioner without regard to the civil service or classification laws. Such appointed members shall be selected from among leading authorities in the field of education, except that at least one of them shall be a graduate student. " (b) The Council shall advise the Commissioner on matters of general policy arising in the administration by the Commissioner of programs relating to graduate education. "(c) Members of the Council who are not in the regular full-time employ of the United States shall, while attending meetings or conferences of the Council or otherwise engaged in the business of the Council, be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding the rate specified at the time of such service for grade GS-18 in section 5332 of title 5, United States Code, including traveltime, and while so serving on the business of the Council away from their homes or regular places of business, the j may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons employed intermittently in the Government service. " (d) The Commissioner is authorized to furnish to the Council such technical assistance, and to make available to it such secretarial,

Membership.

Compensation, travel expenses.

5 USC 5332 note.

80 Stat. 499.

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Repeal. 20 USC 733. 20 USC 732.

[82 STAT.

clerical, and other assistance and such pertinent data available to him, as the Council may require to carry out its functions." (b)(1) Section 203 of the Higher Education Facilities Act of 1963 is repealed. (2) Paragraph (1) of section 202(c) of such Act is amended to read as follows: " (1) The Commissioner shall not approve any application for a grant under this title until he has obtained the advice and recommendations of a panel of specialists who are not employees of the Federal Government and who are competent to evaluate such applications." DISSEMINATION OF INFORMATION

Ante, p. 1049.

SEC. 292. The Higher Education Act of 1965 is further amended by adding after section 1205 (as added by this title) the following new section: "DISSEMINATION OF INFORMATION

72 Stat. 158020 USC 401 note. 77 Stat. 363. 20 USC 701 note.

Appropriation.

"SEC. 1206. (a) For the purpose of carrying out more effectively the provisions of this Act, the National Defense Education Act of 1958, the Higher Education Facilities Act of 1963, and other Acts administered by him in the field of higher education (including those administered by him by delegation), the Commissioner— "(1) shall prepare and disseminate to institutions of higher education. State agencies concerned with higher education, and other appropriate agencies and institutions (A) reports on programs and projects assisted under such Acts and other programs andjjrojectsof a similar nature, and (B) catalogs, reviews, bibliographies, abstracts, analyses of research and experimentation, and such other materials as are generally useful for such purpose; " (2) may upon request provide advice, counsel, technical assistance, and demonstrations to institutions and agencies referred to in paragraph (1) undertaking to initiate or expand programs or projects under such Acts in order to enhance the quality, increase the depth, or broaden the scope of such programs or projects, and shall inform such institutions and agencies of the availability of assistance pursuant to this paragraph; "(3) shall from time to time prepare and disseminate to institutions and agencies referred to m paragraph (1) reports setting forth developments in the utilization and adaptation of projects carried out pursuant to such Acts; and "(4) may enter into contracts with public or private agencies, organizations, groups, or individuals to carry out the provisions of this section. "(b) There are authorized to be appropriated to carry out the provisions of this section $2,000,000 for the fiscal year ending June 30, 1970. For the fiscal year ending June 30, 1971, there may be appropriated to carry out the provisions of this section only such amount as the Congress may hereafter authorize by law. CONFORMING

DEFINITIONS

OF

INSTITUTION

OF

HIGHER

EDUCATION

IN

H I G H E R E D U C A T I O N ACT O F 1965 AND IN NATIONAL DEFENSE EDUCATION ACT OF 19 5 8

Ante, p. 1042-

SEC. 293. (a) Section 1201(a) of the Higher Education Act of 1965 (as so redesignated by section 251 of this Act) is amended by inserting after "if not so accredited," in clause (5) the following: " (A) is an institution with respect to which the Commissioner has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has op-

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Page:Letters of Junius, volume 1 (Woodfall, 1772).djvu/15

to You a collection of letters, written by one of Yourselves for the common benefit of us all. They would never have grown to this size, without your continued encouragement and applause. To me they originally owe nothing, but a healthy sanguine constitution. Under Your care they have thriven. To You they are indebted for whatever strength or beauty they possess. When Kings and Ministers are forgotten, when the


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PUBLIC LAW 90-575-OCT. 16, 1968

erated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or (B) ". (b) The second sentence of such paragraph (a) is amended by striking out "Such term also includes any business school or technical institution" and inserting in lieu thereof "Such term also includes any school which provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and". I N S E R T I O N O F DEFINITION OF " C O M B I N A T I O N OF INSTITUTIONS H I G H E R E D U C A T I O N " I N H I G H E R EDUCATION ACT OF 1965

OF

SEC. 294. Section 1201 of the Higher Education Act of 1965 (as so redesignated by section 251 of this Act) is amended by inserting at the end thereof the following: "(j) The term 'combination of institutions of higher education' means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on their behalf."

Ante,

p. 1042-

Ante,

p. 1050-

PROVISIONS FOR ADEQUATE L E A D T I M E AND FOR P L A N N I N G A N D EVALUATION I N H I G H E R EDUCATION PR0<iRAMS

SEC. 295, The Higher Education Act of 1965, as amended by this Act, is further amended by adding after section 1206 the following new sections: "PROGRAM P L A N N I N G A N D EVALUATION FOR H I G H E R EDUCATION PROGRAMS

"SEC. 1207. There are authorized to be appropriated $1,117,000 for the fiscal year ending June 30, 1969, and $1,900,000 for the fiscal year ending June 30, 1970, to be available to the Secretary, in accordance with regulations prescribed by him, for expenses, including grants, loans, contracts, or other payments, for (1) planning for the succeeding year programs or projects authorized under any other provision of this Act or any provision of the National Defense Education Act of 1958 or the Higher Education Faciilities Act of 1963, and (2) evaluation of programs or projects so authorized. a ADVANCE F U N D I N G

"SEC. 1208. To the end of affording the responsible State, local, and Federal officers concerned adequate notice of available Federal financial assistance for education, appropriations for grants, loans, contracts, or other payments under any Act referred to in section 1207 are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. In order to effect a transition to this method of timing appropriation action, the preceding sentence shall apply notwithstanding that its initial application under any such Act will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year.

Appropriation.

72 Stat. 20 USC note. 77 Stat. 20 USC note.

1580. 401 3(53. 701

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Rh from ducuments [sic]. The natives of Colchester certainly did honour to St. Helena, and might have had a king named Cole. According to the more serious story, the saint's father was an innkeeper; and the only recorded action of Cole is well within the resources of that calling. It would not be nearly so unwise as to deduce from the written word, as some critic of the future may do, that the natives of Colchester were oysters. Rh


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PUBLIC LAW 90-575-OCT. 16, 1968

[82 STAT.

((. EVALUATION REPORTS AND CONGRESSIONAL REVIEW

Ante, p. 1051.

"SEC. 1209. (a) No later than March 31 of each calendar year, the Secretary shall transmit to the respective committees of the Congress having legislative jurisdiction over any Act referred to in section 1207 and to the respective Committees on Appropriations a report evaluating the results and effectiveness of prpgrams and projects assisted thereunder during the preceding fiscal year, together with his recommendations (including any legislative recommendations) relating thereto. ''(b) I n the case of any such program, the report submitted in the penultimate fiscal year for which appropriations are then authorized to be made for such program shall include a comprehensive and detailed review and evaluation of such program (as up to date as the due date permits) for its entire past life, based to the maximum extent practicable on objective measurements, together with the Secretary's recommendations as to proposed legislative action. " A V A I L A B I L I T Y o r APPROPRIATIONS O N ACADEMIC OR SCHOOL YEAR BASIS

"SEC. 1210. Appropriations for any fiscal year for grants, loans, contracts, or other payments to educational agencies or institutions under any Act referred to in section 1207, may, in accordance with regulations of the Secretary, be made available for expenditure by the agency or institution concerned on the basis of an academic or school year differing from such fiscal year." TITLE III—AMENDMENTS TO OTHER PROVISIONS OF - THE N A T I O N A L D E F E N S E E D U C A T I O N ACT O F 1958 PART A — EQUIPMENT AND MATERIALS FOR ELEMENTARY AND SECONDARY EDUCATION ( TITLE III) EXTENSION OF PROGRAM

Appropriation. 20 USC 441.

20 USC 444.

gj,^. 3Q1 (g^^ Section 301 of the National Defense Education Act of 1958 is amended by striking out "and $110,000,000 for the fiscal year ending June 30, 1968," and inserting in lieu thereof ", $110,000,000 for each of the fiscal years ending June 30, 1968, and June 30, 1969, $120,000,000 for the fiscal year ending June 30, 1970, and $130,000,000 for the fiscal year ending June 30, 1971,". (b) Such section 301 is further amended by striking out "the fiscal year ending June 30, 1965, and for each of the three succeeding fiscal years" and inserting in lieu thereof "each of the succeeding fiscal years ending prior to July 1, 1971". (c) The second sentence of section 304(b) of such Act is amended by striking out "eight" and inserting in lieu thereof "eleven". PROVISION FOR W I T H I N - S T A T E EQUALIZATION I N STATE-IMPOSED REQUIRE-

M E N T S FOR F I N A N C I A L PARTICIPATION OF PROJECT APPLICANTS

20 USC 443.

SEC. 302. Subsection (a) of section 303 of the National Defense Education Act of 1958 is amended by striking out the period at the end of paragraph (5) and inserting m lieu thereof "; and"; and by inserting at the end of such subsection the following new paragraph: "(6) sets forth any requirements imposed upon applicants for financial participation in projects assisted under this part, including any provision for taking into account, in such requirements,

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1053

the resources available to any applicant for such participation relative to the resources for participation available to all other applicanits." PRIVATE S C H O O L S: AUTHORIZING REALLOTMENT OF SET-ASIDE FOR L O A N S; REPEALING LOAN ALLOTMENT FORMULA

SEC. 303. (a)(1) Section 305 of the National Defense Education Act of 1958 is amended by striking out "SEC. 305." and all that follows down to but not including subsection (b)(1) and inserting in lieu thereof the following: "SEC. 305. From the sums reserved for each fiscal year for the purposes of this section under the provisions of section 302(a), the Commissioner is authorized to make loans to private nonprofit elementary and secondary schools in any State. Any such loan shall be made only for the purposes for whicK payments to State educational agencies are authorized under the first sentence of section 301, and—". (2) Paragraph (3) of such section is amended by striking out "the current average yield on all outstanding marketable obligations of the United States" and inserting in lieu thereof "the current average market yield on outstanding marketable obligations of the United States with redemption periods to maturity comparable to the average maturities 01 such loans". (b) Section 302(c) of such Act is amended to read as follows: "(c) The amount of any State's allotment under subsection (a) of this section for any fiscal year which the Commissioner determines will not be required for such fiscal year shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to the other States in proportion to the original allotments to such States under subsection (a) of this section, but with such proportionate amount for any such State being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reserved for any fiscal year for making loans under section 305 which the Commissioner determines will not be required for that purpose for such year shall be available for allotment among the States m the manner p/l["ovided in the preceding sentence for reallotments. Any amount allottM or reallotted to a State under this subsection during a year from ftmds appropriated pursuant to section 301 shall be deemed part of its /Allotment under subsection (a) of this section for such year." (c) The amendment made by subsection (a)(2) shall apply with respect to loans made after the \date of enactment of this Act.

20 USC 445.

^° "^^ "*'* ^'

2° "^^ ''^^•

Ante, p. 1052.

Effective date.

EQUIPMENT FOR EDUCAiriONALLY DEPRIVED CHILDREN

SEC. 304. (a) Title III of the National Defense Education Act of 1958 is amended by inserting immediately below the center heading thereof the following: " P A R T A—GRANTS TO STATES"

(b) Title III of such Act is amended (1) by striking out "this title" wherever it appears and inserting in lieu thereof "this part "; and (2) by adding at the end thereof the following new part:

20 USC 441-445.

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[82 STAT.

"PART B — G R A N T S IX> LOCAL EDUCATIONAL AGENCIES "APPROPRIATIONS AUTHORIZED

"SEC. 311. There are hereby authorized to be appropriated, for carrying out this part, $84,373,(X)0 for the fiscal year ending June 30, 1969, and $160,000,000 for the fiscal year ending June 30, 1970. For the fiscal year ending June 30, 1971, there may be appropriated to carry out the provisions of this part only such amount as the Congress may hereafter authorize by law. "ALLOTMENTS TO LOCAL EDUCATIONAL AGENCIES

Post, p. 1058.

20 USC 241a 241m.

"SEC. 312. From the sums appropriated pursuant to section 311 for any fiscal year the Commissioner shall reserve such amount, but not in excess of 3 per centum thereof, as he may determine for allotment as provided in section 1008(A). From the remainder of such sums the Commissioner shall allot to each local educational agency (other than local educational agencies of States which receive their allotments under this part as provided in subsection 1008(A)) an amount which bears the same ratio to the amount of such remainder as the amount received by such agency from funds appropriated for the preceding fiscal year for grants under title I of the Elementary and Secondary Education Act of 1965 (title II of Public Law 874, Eighty-first Congress, as amended) bears to the amount received by all local educational agencies from such funds for such year. "APPLICATION OF LOCAL EDUCATIONAL AGENCY

20 USC 443.

"SEC. 313. (a) A local educational agency may receive a grant under this part for any fiscal year only on application therefor approved by the appropriate State educational agency, upon its determination (consistent with such basic criteria as the Commissioner may establish)— "(1) that payments under this part will be used for the acquisition of equipment and materials referred to in section 303(a) ^1) IQ l3g wsed in programs and projects designed to meet the ^ special educational needs of educationally deprived children in school attendance areas having a high concentration of children from low-income families; " (2) that, to the extent consistent with the number of educationally deprived children in the school district of the local educational agency who are enrolled in private elementary and secondary schools, such agency has made provision for including special educational services and arrangements (such as dual enrollment, educational radio and television, and mobile educational services and equipment) which will afford such children the benefits of the equipment and materials provided under this part; " (3) that the local educational agency has provided satisfactory assurance that the control of funds provided under this part, and that title to equipment and materials acquired therewith, shall be in a public agency for the uses and purposes provided in this part, and that a public agency will administer such funds and equipment and materials; and "(4) that the local educational agency will make an annual report and such other reports to the State educational agency, in such form and containing such information, as may be reasonably necessary to enable the State educational agency to perform its

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1055

duties under this part, and will keep such records and afford such Recordkeeping. access thereto as the State educational agency may find necessary to assure the correctness and verification of such reports. "(b) The State educational agency shall not finally disapprove in whole or in part any application for funds under this part without first affording the local educational agency submitting the application reasonable notice and opportunity for a heiaring. "STATE APPLICATION

"SEC. 314. (a) Any State desiring to participate under this part shall submit through its State educational agency to the Commissioner an application, in such detail as the Commissioner deems necessary, which provides satisfactory assurance— "(1) that payments under this part will be used only for programs and projects which have been approved by the State educational agency pursuant to section 318, and that such agency will in all other respects comply with the provisions of this part, including the enforcement of any obligations imposed upon a local educational agency under section 313. "(2) that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of, and accounting for, funds paid to the State (including such funds paid by the State to local educational agencies) under this part; and "(3) that the State educational agency will make to the Commissioner such reports as may be reasonably necessary to enable the Commissioner to perform his duties under this part (including such reports as he may require to determine the amounts which local educational agencies of that State are eligible to receive for any fiscal year), and assurance that such agency will keep such records and afford such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. " (b) An application submitted under this section shall be deemed a State plan for the purposes of sections 1004 and 1005. ^^^ ^^^ 5^'*' uPAYMENTS

"SEC. 315. (a) The Commissioner shall, from time to time pay to each State, in advance or otherwise, the amount which the local educational agencies of that State are eligible to receive under this part. Such payments shall take into account the extent (if any) to which any previous payment to such State educational agency under this part (whether or not in the same fiscal year) was greater or less than the amount which should have been paid to it. " (b) From the funds paid to it pursuant to subsection (a) each State educational agency shall distribute to each local educational agency of the State which has submitted an application approved to pursuant to section 313(a) the amount for which such application has been approved, except that this amount shall not exceed its allotment for the fiscal year under section 312." (c) Paragraph (2) of section 1004(c) of the National Defense Education Act of 1958 is amended, (1) by striking out "title III or V " and inserting in lieu thereof "part A or B of title III or under title V "; and (2) by inserting "part or" before "title or section" each time these words appear in such paragraph.

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PUBLIC LAW 90-575-OCT. 16, 1968

[82 STAT.

PART B — AMENDMENTS TO NATIONAL DEFENSE FELLOWSHIP PROCJRAM EXTENSION OF PROGRAM

20 USC 462. 20 USC 463.

SEC. 311. (a) Section 402(a) of the National Defense Education Act Qf 3^958 is amended by striking out "two succeeding fiscal years" and inserting in lieu thereof "seven succeeding fiscal years". (h) Section 403(a) of such Act is amended by striking out "three succeeding fiscal years" and inserting in lieu thereof "eight succeeding fiscal years". I N C R E A S I N G MAXIMUM L E N G T H OF F E L L O W S H I P FROM T H R E E TO FOUR YEARS I N S P E C I A L C I R C U M S T A N C E S, A N D R E Q U I R I N G INSTITUTIONAL EFFORT TO ENCOURAGE R E C I P I E N T S TO E N T E R OR C O N T I N U E T E A C H I N G

SEC. 312. (a) Subsection (a) of section 402 of the National Defense Education Act of 1958 is amended hj inserting " (1) " after "except" in the second sentence thereof, and by inserting immediately before the period at the end of such sentence the following: ", and (2) that the Commissioner may provide by regulation for the granting of such fellowships for a period of study not to exceed one academic year (or one calendar year in the case of fellowships to which clause (1) applies) in addition to the maximum period otherwise applicable, under special circumstances in which the purposes of this title would most effectively be served thereby". (b) The Commissioner may in his discretion increase, in accordance with the amendment made by subsection (a), the maximum periods of fellowships awarded prior to the date of enactment of this Act. (c) The second sentence of section 403(a) is amended by striking out the period at the end of clause (2) of such sentence and inserting ", and" m lieu thereof; and by adding the following new clause: "(3) that the application contains satisfactory assurance that the institution will make reasonable continuing efforts to encourage recipients of fellowships under this title, enrolled in such program, to teach or continue to teach in institutions of higher education." Effective date. (^^ -pj^g amendment made by subsection (c) of this section shall apply with respect to fellowships awarded on or after the date of enactment of this Act. R E Q U I R I N G S T I P E N D S TO BE SET I N A N A M O U N T C O N S I S T E N T W I T H AWARDED FOR COMPARABLE F E L L O W S H I P S

20 USC 464.

THOSE

SEC. 313. (a) Section 404 of the National Defense Education Act of 1953 ig amended to read as follows: " F E L L O W S H I P STIPENDS

"SEC. 404. (a) The Commissioner shall pay to persons awarded fellowships under this title such stipends (including such allowances for subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. " (b) The Commissioner shall (in addition to the stipends paid to persons under subsection (a)) pay to the institution of higher education at which such person is pursuing his course of study such amounts as the Commissioner may determine to be consistent with prevailing practices under comparable federally supported programs, except that such amount shall not exceed $3,500 per academic year for any such person."

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(b) The amount of any stipend payable with respect to a fellowship awarded prior to the date of enactment of this Act shall not, during the period for which such fellowship was awarded, be less with respect to any year of study than the amount that would in the absence of the amendment made by subsection (a) of this section be payable with respect to such year. EQUITABLE DISTRIBUTION OF FELLOWSHIPS UNDER TITLE IV OF THE NATIONAL DEFENSE EDUCATION ACT OF 1958

SEC. 314. Section 403 of the National Defense Education Act of 1958 is amended by inserting at the end thereof the following new subsection: "(e) I n order to provide training opportunities in those areas of the Nation which have greater need for increased numbers of highly qualified persons to teach in institutions of higher education, the Commissioner shall seek to achieve an equitable geographical distribution of graduate programs approved under this section throughout the Nation, based upon such factors as student enrollments in institutions of higher education and population." PART C—GumANCE, COUNSELING, AND TESTING ( TITLE

20 USC 463.

V)

EXTENSION OF PROGRAM

SEC. 321. (a) Section 501 of the National Defense Education Act of 1958 is amended by striking out "and" after "June 30, 1966," and by inserting after "two succeeding fiscal years," the following: "$25,000,000 for the fiscal year ending June 30, 1969, $40,000,000 for the fiscal year ending June 30, 1970, and $54,000,000 for the fiscal year ending June 30, 1971,". (b)(1) The second sentence of section 504(a) of such Act is amended by striking out "eight". (2) Section 504(b) of such Act is amended by striking out "nine".

Appropriation. 20 USC 481.

20 USC 484.

SHORT-TERM TRAINING SESSIONS I N GUIDANCE AND COUNSELING

SEC. 322. Section 503(a)(2) of the National Defense Education Act of 1958 is amended by inserting before the period at the end thereof a comma and the following: "and such programs may include, at the discretion of such State agency, short-term training sessions for persons engaged in guidance and counseling in elementary and secondary schools, junior colleges, and technical institutes in such State".

20 USC 483.

PART D—^LANGUAGE DEVELOPMENT ( TITLE VI) EXTENSION OF PROGRAM

SEC. 331. (a) Subsections (a) and (b) of section 601 of the National Defense Education Act of 1958 are each amended by striking out "1968" and inserting in lieu thereof "1971". (b) Section 603 of such Act is amended by striking out "and" before "$18,000,000" and by inserting after "1968," the following: "$16,050,000 for the fiscal year ending June 30, 1969, $30,000,000 for the fiscal year ending June 30, 1970, and $38,500,000 for the fiscal year ending June 30, 1971".

20 USC 511. Appropriation. 20 USC 513.

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PUBLIC LAW 90-575-OCT. 16, 1968 PART E—EDUCATIONAL MEDIA ( TITLE

[82 STAT. VII)

SPECIAL P E R S O N N E L

20 USC 562.

gEC. 341. Section 762 of the National Defense Education Act of 1958 is amended by striking out "television, radio, motion pictures, and other related media of communication" and inserting in lieu thereof "new media and technology". PART F — AMENDMENT TO MISCELLANEOUS PROVISIONS ( TITLE

X)

PROVISION I N N A T I O N A L DEFENSE EDUCATION ACT OF 1958 FOR THE T R U S T T B R R I 1 X) R Y O F THE P A C I F I C I S L A N D S, FOR SCHOOLS O F DEPARTMENT OF INTERIOR FOR I N D I A N C H I L D R E N, A N D FOR OVERSEAS D E P E N D E N T SCHOOLS OF DEPARTMENT OF D E F E N S E

20 USC 588.

SEC. 351. (a) Section 1008 of the National Defense Education Act of 1958 is amended to read as follows: aALLOTMENTS

20 USC 442 482; Ante, p

1054.

20 USC 403.

Effective date.

TO TERRITORIES

A N D POSSESSIONS

"SEC. 1008. The amounts reserved by the Commissioner under sections 302, 312, and 502 shall, in accordance therewith, be allotted among— " (A) Puerto Rico, the Canal Zone, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for the type of assistance furnished under the part or title in which the section appears, and " (B) in the case of amounts so reserved under sections 302 and 502, (i) the Secretary of the Interior, according to the need for such assistance in order to effectuate the purposes of such part or title in schools operated for Indian children by the Department of the Interior, and (ii) the Secretary of Defense according to the need for such assistance in order to effectuate the purposes of such part or title in the overseas dependents schools of the Department 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." (b) Sections 302(a)(1) and 502(a) of such Act are each amended by striking out "2 per centum thereof, as he may determine for allotment as provided in section 1008" and inserting in lieu thereof "3 per centum thereof, as he may determine for allotment as provided in section 1008 (A), and such amounit, not in excess of 1 per centum thereof, as he may determine for allotment as provided in section 1008(B)". (c) Section 103(a) of such Act is amended (1) by striking out "or" each time it appears before "the Virgin Islands", (2) by inserting after "the Virgin Islands," as it first appears "and, for the purposes of titles II, III, and V, the Trust Territory of the Pacific Islands,", (3) by striking o u t " (1) as used in section 205(b)(3) of this title such term includes the Trust Territory of the Pacific Islands, and (2)", and (4) by inserting before the period at the end thereof ", or the Trust Territory of the Pacific Islands". ^(j^ 'pj^g amendments made by this section shall be effective with respect to fiscal years ending after June 30, 1968.

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TITLE IV—AMENDMENTS TO HIGHER EDUCATION FACILITIES ACT OF 1963 EXTENSION OF PROGRAM

SEC. 401. (a)(1) Subsection (a) of section 101 of the Higher Educa- Appropriation. tion Facilities Act of 1963 is amended by striking out "during the fiscal 20 USC 711. year ending June 30, 1964, and each of the seven succeeding fiscal years.". (2) Subsection (b) of section 101 of such Act is amended by striking out so much of the first sentence thereof as follows "June 30, 1968, and'' and inserting in lieu thereof "$936,000,000 for each of the succeeding fiscal years ending prior to July 1, 1971.". (3) Subsection (b) of section 105 of such Act is amended (A) by 20 USC 715. striking out "two succeeding fiscal years" in the first sentence thereof and inserting in lieu thereof "four succeeding fiscal years", and (B) by striking out the last sentence of such subsection. (4) Section 103(b)(1) and section 104(b)(1) of such Act are each ^^20 USC 713, amended by striking out the last sentence. (b) Section 201 of the Higher Education Facilities Act of 1963 is Appropriation. 1

1

20 USC 731 •

amended— (1) in the first sentence, by striking o u t ", during the fiscal year ending June 30, 1964, and each of the seven succeeding fiscal years,"; and (2) by striking out so much of the second sentence as follows "and the sum of $120,000,000" and inserting in lieu thereof "for each of the succeeding fiscal years ending prior to July 1, 1971.". (c) Subsection (c) of section 303 of the Higher Education Facilities Act of 1963 is amended— (1) in the first sentence thereof by striking out ", during the fiscal year ending June 30, 1964, and each of the seven succeeding fiscal years,"; and (2) in the second sentence thereof by striking out so much of such sentence as follows "$400,000,000" and inserting in lieu thereof "for each of the succeeding fiscal years ending prior to July 1, 1971.". BROADENING E I J G I B I L I T Y FOR CONSTRUCTION

GRANTS

SEC. 402. (a) Effective with respect to fiscal years ending on or after June 30, 1969— (1) Section 106(1) and (2) of the Higher Education Facilities Act of 1963, as amended, is amended by inserting after "enrollment capacity" in each case the following: ", capacity to provide needed health care to students or personnel of the institution,". (2) The second sentence of section 107(a) of such Act is amended by striking out "and" before " (2) " and by inserting before the period at the end thereof the following: ", and (3) shall give consideration to expansion of capacity to provide needed health care to students and institutional personnel". (3)^ Section 108(b) of such Act is amended by striking out "and", at the end of paragraph (5), redesignating paragraph (6) as paragraph (7) and inserting after paragraph (5) the following: "(6) in the case of a project to construct an infirmary or other facility designed to provide primarily for outpatient care of students and institutional personnel, he determines that no financial assistance will be provided such project under title IV of the Housing Act of 1950: and". "* =

'

20 USC 743.

20 USC 716. 20 USC 717.

20 USC 718.

12 USC 17491749c.

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 1060 20 USC 743.

1749^^^ ^^"^^ 20 USC 751 •

20 USC 716.

Effective date.

PUBLIC LAW 90.575-OCT. 16, 1968

[82 STAT.

^4^ Section 303(a) is amended by striking out "and" at the end of clause (2), and by inserting before the period the following: ", and (4) that, in the case of a project to construct an infirmary or other facility designed to provide primarily for outpatient care of students and institutional personnel, no financial assistance will be provided such project under title IV of the Housing Act of 1950". (5) The first sentence of section 401(a) of such Act is amended by inserting before the period at the end thereof the following: "; and, for purposes of titles I and III, such term includes infirmaries or other facilities designed to provide primarily for outpatient care of students and institutional personnel". (b)(1) Section 106 of the Higher Education Facilities Act of 1963 is amended by inserting at the end thereof the following new sentence: "If the Commissioner finds that the student enrollment capacity of an institution would decrease if an urgently needed academic facility is not constructed, construction of such a facility may be considered, for the purposes of this section, to result in expansion of the institution's student enrollment capacity.". ^2) The amendment made by paragraph (1) of this subsection shall be effective only with respect to grants made from appropriations for fiscal years beginning after June 30, 1969. ANNUAL INTEREST GRANTS

20 USC 741-745.

g^c. 403. Title III of the Higher Education Facilities Act of 1963 is amended by adding at the end thereof the following new section: ((ANNUAL

INTEREST GRANTS

"SEC. 306. (a) To assist institutions of higher education and higher education building agencies to reduce the cost of borrowing from other sources for the construction of academic facilities, the Commissioner may make annual interest grants to such institutions and agencies. " (b) Annual interest grants to an institution of higher education or higher education building agency with respect to any academic facility shall be made over a fixed period not exceeding forty years, and provision for such grants shall be embodied in a contract guaranteeing their payment over such period. Each such grant shall be m an amount not greater than the difference between (1) the average annual debt service which would be required to be paid, during the life of the loan, on the amount borrowed from other sources for the construction of such facilities, and (2) the average annual debt service which the institution would have been required to pay, during the life of the loan, with respect to such amounts if the applicable interest rate were the maximum rate specified in section 303(b): Provided, That the amount on which such grant is based shall be approved by the Secretary. "(c)(1) There are hereby authorized to be appropriated to the Commissioner such sums as may be necessary for the payment of annual interest grants to institutions of higher education and higher education building agencies in accordance with this section. "(2) Contracts for annual interest grants under this section shall not be entered into in an aggregate amount greater than is authorized in appropriation Acts; and in any event the total amount of annual interest grants which may be paid to institutions of higher education and higher education building agencies in any year pursuant to contracts entered into under this section shall not exceed $5,000,000, which amount shall be increased by $6,760,000 on July 1, 1969, and by $13,500,000 on July 1, 1970. " (d) Not more than 121,^ per centum of the funds provided for in this section for grants may be used within any one State.

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"(e) No annual interest grant pursuant to this section shall be made unless the Commissioner finds (1) that not less than 10 per centum of the development cost of the facility will be financed from non-Federal sources, (2) that the applicant is unable to secure a loan in the amount of the loan with respect to which the annual interest grant is to be made, from other sources upon terms and conditions equally as favorable as the terms and conditions applicable to loans under this title, and (3) that the construction will be undertaken in an economical manner and that it will not be of elaborate or extravagant design or materials. For purposes of this section, a loan with respect to which an interest grant IS made under this section shall not be considered financing from a nonFederal source. For purposes of the other provisions of this Act, such a loan shall be considered financing from a non-Federal source." E X T E N D I N G AUTHORIZATION FOR H I G H E R EDUCATION F A C I L I T I E S CONSTRUCTION ASSISTANCE I N M A J O R DISASTER AREAS

SEC. 404. Section 408(a) of the Higher Education Facilities Act of 1963 is amended by striking out "July 1, 1967," and inserting in lieu thereof "July 1, 1971,". I N C R E A S I N G FEDERAL

20 USC 758.

SHARE

SEC. 405. (a) Sections 107(b) and 401(d) of the Higher Education Facilities Act of 1963 are each amended (1) by striking out "33i/^ per centum" and inserting in lieu thereof "50 per centum" and (2) by striking out "40 per centum" and inserting in lieu thereof "50 per centunr'. (b) Section 202(b) of such Act is amended by striking out "3314 per centum" and inserting in lieu thereof "50 per centum".

20 USC 7 1 7, 7 5 1.

20 USC 732.

MINIMUM TITLE I ALLOTMENTS TO STATES A N D TERRITORIES

SEC. 406. (a) Title I of the Higher Education Facilities Act of 1963 is amended by inserting after the second sentence of section 103 and after the first sentence of section 104 the following: "The amount allotted to any State under the preceding sentence for any fiscal year which is less than $50,000 shall be increased to $50,000, the total of increases thereby required being derived by proportionately reducing the amount allotted to each of the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotment of any such remaining States from being thereby reduced to less than $50,000." (b) The amendments made by this section shall apply with respect to fiscal years ending on or after June 30, 1969.

20 USC 7 1 3, 7 1 4.

Effective date.

TITLE V—MISCELLANEOUS E X T E N S I O N OF PROGRAM OF F I N A N C I A L ASSISTANCE FOR S T R E N G THE N I N G INSTRUCTION I N THE H U M A N I T I E S A N D ARTS

SEC. 501. (a) The first sentence of section 12 of the National Foundation on the Arts and the Humanities Act of 1965 is amended (1) by striking out "two succeeding years" and inserting in lieu thereof "five succeeding fiscal years", and (2) by striking out all that follows "$500,000" and inserting in lieu thereof a period. (b) Such section is further amended, (1) in subsection (b), by striking out "allotted" and inserting in lieu thereof "reserved, allotted, and reallotted"; and (2) in subsection (f), by striking out "allot and".

20 USC 9 6 1.

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[82 STAT.

EXTENSION OF INTERNATIONAL EDUCATION ACT OF 1966 20 USC 1176.

SEC. 502. Section 105(a) of the International Education Act of 1966 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, 1971,". AGE QUOTAS IN YOUTH WORK AND TRAINING PROGRAMS

42 USC 2741. 42 USC 2740.

SEC. 503. Section 124 of the Economic Opportunity Act of 1964 is amended by adding at the end thereof the following: " (f) I n the case of a program under section 123(a)(1), the Director shall not limit the number or percentage of the participants in the program who are fourteen or fifteen years of age." ELIGIBILITY FOR STUDENT ASSISTANCE

20 USC 421-429. 20 USC 10611069. 20 USC 10711086; Ante, p. 1020. Ante, p. 1028. 20 USC 10211041, 1051-1055, 1091-1119b-2; Ante, pp. 1038, 1041. 20 USC 461-465, 511-513.

SEC. 504. (a) If an institution of higher education determines, after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has been convicted by any court of record of any crime which was committed after the date of enactment of this Act and which involved the use of (or assistance to others in the use of) force, disruption, or the seizure of property under control of any institution of higher education to prevent officials or students in such institution from engaging in their duties or pursuing their studies, and that such crime was of a serious nature and contriouted to a substantial disruption of the administration of the institution with respect to which such crime was committed, then the institution which such individual attends, or is employed by, shall deny for a period of two years any further payment to, or for the direct benefit of, such individual under any of the programs specified in subsection (c). If an institution denies an individual assistance under the authority of the preceding sentence of this subsection, then any institution which such individual subsequently attends shall deny for the remainder of the two-year period any further payment to, or for the direct benefit of, such individual under any of the programs specified in subsection (c). (b) If an institution of higher education determines, after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has willfully refused to obey a lawful regulation or order of such institution after the date of enactment of this Act, and that such refusal was of a serious nature and contributed to a substantial disruption of the administration of such institution, then such institution shall deny, for a period of two years, any further payment to, or for the direct benefit of, such individual under any of the programs specified in subsection (c). (c) The programs referred to in subsections (a) and (b) are as follows: (1) The student loan program under title II of the National Defense Education Act of 1958. (2) The educational opportunity grant program under part A of title IV of the Higher Education Act of 1965. (3) The student loan insurance program under part B of title IV of the Higher Education Act of 1965. (4) The college work-study program under part C of title IV of the Higher Education Act of 1965. (5) Any fellowship program carried on under title II, III, or V of the Higher Education Act of 1965 or title IV or VI of the National Defense Education Act of 1958. (d)(1) Nothing in this Act, or any Act amended by this Act, shall be construed to prohibit any institution of higher education from re-

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fusing to award, continue, or extend any financial assistance under any such Act to any individual because of any misconduct which in its judgment bears adversely on his fitness for such assistance. (2) Nothing in this section shall be construed as limiting or prejudicing the rights and prerogatives of any institution of higher education to institute and c,arry out an independent, disciplinary proceeding pursuant to existing authority, practice, and law. (3) Nothing in this section shall be construed to limit the freedom of any student to verbal expression of individual views or opinions. RULEMAKING REQUIREMENTS

SEC. 505. No standard, rule, regulation, or requirement of general Publication in applicability prescribed for the administration of this Act or any Act ^^'^^'"^^ Register. amended by this Act may take effect until 30 days after it is published in the Federal Kegister. DUPLICATION OF BENEFITS

SEC. 506. No grant, award, or loan of assistance to any student under any Act amended by this Act shall be considered a duplication of benefits for the purposes of section 1781 of title 38, United States Code.

80 Stat. 21.

FINANCIAL AID TO STUDENTS NOT TO BE TREATED AS INCOME OR RESOURCES UNDER CERTAIN PROGRAMS

SEC. 507. For the purpose of any program assisted under title I, IV, X, X IV, X VI, or X IX of the Social Security Act, no grant or loan ^^^2 USC 301, ^ to any undergraduate student for educational purposes made or insured 1381, 1396. ' under any program administered by the Commissioner of Education shall be considered to be income or resources. P R E S I D E N T I A L RECOMMENDATION WITH RESPECT TO POST-SECONDARY EDUCATION FOR ALL

SEC. 508. On or before December 31, 1969, the President shall submit to the Congress proposals relative to the feasibility of making available a post-secondary education to all young Americans who qualify and seek it. Approved October 16, 1968.

-600 O - 69 - 70

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PUBLIC LAW 90-576-OCT. 16, 1968

[82 STAT.

Public Law 90-576 October 16, 1968

[H.R. 18366] Vocational Education Amendments of 1968.

AN

ACT

rjy^ ameiid the Vocational Education Act of 1963, and for other purposes. Be It enaeted by the Senate and House of RepTesentatlceH of the United States of America in Congress assembled, SHORT TITLE

1. This Act may be cited as the "Vocational Education Amendments of 1968". SECTION.

TITLE I — AMENDMENTS TO THE V O C A T I O N A L E D U C A T I O N ACT O F 1963 ACT

AMENDMENTS

SEC. 101. (a) The Act of December 18, 1963, Public Law 88-210 20 USC 35 note. (77 ^^^^ 403 et seq.), is amended— (1) by redesignating parts B and C thereof as titles II and III and redesignating sections 21 through 28 and 31 through 33, and all references thereto, as sections 201 through 208 and 301 through 303, respectively; (2) redesignating part A thereof as title I; and (3) adding after the enacting clause, the following: "That title Citation of J Qf ^]^jg ^^^ jjjj^y l3g cited as the 'Vocational Education Act of 1963'.". (b) Title I of such Act (as redesignated by subsection (a)) is amended to read as follows: " TITLE I—VOCATIONAL E D U C A T I O N " P A R T A—GENERAL PROVISIONS 'ir

'DECLARATION OF PURPOSE

"SEC. 101. I t is the purpose of this title to authorize Federal grants to States to assist them to maintain, extend, and improve existing programs of vocational education, to develop new programs of vocational education, and to provide part-time employment for youths who need the earnings from such employment to continue their vocational training on a full-time basis, so that persons of all ages in all communities of the State—those in high school, those who have completed or discontinued their formal education and are preparing to enter the labor market, those who have already entered the labor market but need to upgrade their skills or learn new ones, those with special educational handicaps, and those in postsecondary schools—will have ready access to vocational training or retraining which is of high quality, which is realistic in the light of actual or anticipated opportunities for gainful employment, and which is suited to their needs, interests, and ability to benefit from such training. "AUTHORIZATION OF APPROPRIATIONS

"SEC. 102. (a) There are authorized to be appropriated $355,000,000 for the fiscal year ending June 30, 1969, $565,000,000 for the fiscal year ending June 30, 1970, $675,000,000 for the fiscal year ending June 30, 1971, $675,000,000 for the fiscal year ending June 30, 1972, and $565,000,000 for the fiscal year ending June 30, 1973, and each succeeding fiscal year for the purposes of parts B and C of this title. From the

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amount appropriated pursuant to thepreceding sentence and allotted to each State under section 103, 90 per centum shall be available for the purposes of part B and 10 per centum shall be available for the purposes of part C. "(b) There are also authorized to be appropriated $40,000,000 each for the fiscal years and ending June 30, 1969, and June 30, 1970, for the purposes of section 122(a)(4)(A). Nothing in this subsection shall be construed to affect the availability for such purposes, of appropriations made pursuant to subsection (a) of this section. "(c) There are further authorized to be appropriated for each fiscal year such sums as may be necessary to pay the cost of the administration and development of State plans, the activities of advisory councils created under this title, and the evaluation and dissemination activities required pursuant to this title. a ALLOTMENTS AMONG STATES

"SEC, 103. (a)(1) From the sums appropriated pursuant to section 102(a) the Commissioner shall first reserve an amount, not to exceed $5,000,000 in any fiscal year, for transfer to the Secretary of Labor to finance (upon terms and conditions mutually satisfactory to the Commissioner and the Secretary of Labor) national, regional. State, and local studies and projections of manpower needs for the use and guidance of Federal, State, and local officials, and of advisory councils charged with responsibilities under this title. "(2) The remainder of the sums appropriated pursuant to section 102(a) and all of the sums appropriated pursuant to section 102(b) shall be allotted among the States on the basis of the number of persons in the various age groups needing vocational education and the per capita income in the respective States as follows: The Commissioner shall allot to each State for each fiscal year— " (A) An amount which bears the same ratio to 50 per centum of the sums being allotted, as the product of the population aged fifteen to nineteen, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus '•(B) An amount which bears the same ratio to 20 per centum of the sums being allotted, as the product of the population aged twenty to twenty-four, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus " (C) An amount which bears the same ratio to 15 per centum of the sums being allotted, as the product of the population aged twenty-five to sixty-five, inclusive, in the State in the preceding fiscal year and the State's allotment ratio bears to the sum of the corresponding products for all the States; plus " (D) An amount which bears the same ratio to 5 per centum of the sums being allotted, as the sum of the amounts allotted to the State under subparagraphs (A), (B), and (C) for such years bears to the sum of the amounts allotted to all the States under paragraphs (A), (B), and (C) for such year. "(b) The amount of any State's allotment under subsection (a) for any fiscal year which is less than $10,000 shall be increased to that amount, the total of the increases thereby required being derived by proportionately reducing the allotments to each of the remaining States under such subsection, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from being thereby reduced to less than that amount. "(c) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be re-

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"Allotment ratio."

" P e r capita income."

PUBLIC LAW 90-576-OCT. 16, 1968

quired for such fiscal year for carrying out the program for which such amount has been allotted shall be available, from time to time, for reallotment, on such dates during such year as the Commissioner shall fix, on the basis of criteria established by regulation, first among programs authorized by other parts of this title within that State and then among other States, except that funds appropriated under section 102(b) may only be reallotted for the uses set forth in section 122 (a)(4)(A). Any amount reallotted to a State under this subsection for any fiscal year shall remain available for obligation during the next succeeding fiscal year and shall be deemed to be part of its allotment for the year in which it is obligated, " (d)(1) The 'allotment ratio' for any State shall be 1.00 less the product of— " (A) 0.50, and " (B) the quotient obtained by dividing the per capita income for the State by the per capita income for all the States (exclusive of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), except that (i) the allotment ratio in no case shall be more than 0.60 or less than 0.40, and (ii) the allotment ratio for Puerto RicOj Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall be 0.60. "(2) The allotment ratios shall be promulgated by the Commissioner for each fiscal year between July 1 and September 30 of the preceding fiscal year. Allotment ratios shall be computed on the basis of the average of the appropriate jDer capita incomes for the three most recent consecutive fiscal years for which satisfactory data are available. "(3) The term 'per capita income' means, with respect to a fiscal year, the total personal income in the calendar year ending in such year, divided by the population of the area concerned in such year. " (4) For the purposes of this section population shall be determined by the Commissioner on the basis of the latest estimates available to him. il

National Advisory Council on Vocational Education. Establishment; membership.

[82 STAT.

NATIONAL

AND STATE

ADVISORY

COUNCILS

"SEC. 104. (a)(1) There is hereby created a National Advisory Council on Vocational Education (hereinafter referred to as the 'National Council') consisting of twenty-one members appointed by the President, without regard to the civil service laws, for terms of three years, except that (i) in the case of the initial members, seven shall be appointed for terms of one year each and seven shall be appointed for terms of two years each, and (ii) appointments to fill vacancies shall be only for such terms as remain unexpired. The Council shall include persons— " (A) representative of labor and management, including persons who have knowledge of the semiskilled, skilled, and technical employment in such occupational fields as agriculture, home economics, distribution and marketing, health, trades, manufacturing, office and service industries, and persons representative of new and emerging occupational fields, " (B) familiar with manpower problems and administration of manpower programs, " (C) knowledgeable about the administration of State and local vocational education programs, including members of local school boards. " (D) experienced in the education and training of handicapped persons, " (E) familiar with the special problems and needs of individuals disadvantaged by their socioeconomic backgrounds,

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 82 STAT. ]

PUBLIC LAW 90-576-OCT. 16, 1968

1067

" (F) having special knowledge of postsecondary and adult vocational education programs, and " (G) representative of the general public who are not Federal employees, including parents and students, except that they may not be representative of categories (A) through (F), and who shall constitute no less than one-third of the total membership. The National Council shall meet at the call of the Chairman, who shall be selected by the President, but not less than four times a year. "(2) The National Council shall— Duties. " (A) advise the Commissioner concerning the administration of, preparation of general regulations for, and operation of, vocational education programs supported with assistance under this title; " (B) review the administration and operation of vocational ^.^^*P°''^'^'^^"*'" education programs under this title, including the effectiveness of gress. such programs in meeting the purposes for which they are established and operated, make recommendations with respect thereto, and make annual reports of its findings and recommendations (including recommendations for changes in the provisions of this title) to the Secretary for transmittal to the Congress; and " (C) conduct independent evaluations of programs carried out under this title and publish and distribute the results thereof. / "(3) Members of the National Council who are not regular fwll-^^^^""^P^^g^'.'""; time employees of the United States shall, while serving on business of the National Council, be entitled to receive compensation at rates fixed by the President, but not in excess of $100 per day, including traveltime; and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 of the United States Code for persons in Government service employed ^^ ^*^*- '•^''• intermittently. "(4) The Council is authorized, without regard to the civil service.technical as\ /

^

-

.

-

•

.

~,

.

sistance, appro-

laws, to engage such technical assistance as may be required to carry priation. out its functions, and to this end there are hereby authorized to be appropriated for the fiscal year ending June 30, 1969, $100,000, and for the fiscal year ending June 30, 1970, and each of the two succeeding fiscal years, $150,000. "(5) The National Council shall review the possible duplication of J^^^*'""^^ ^''°' vocational education programs at the postsecondary and adult levels Review, reports. Mdthin geographic areas, and shall make annual reports of the extent to which such duplication exists, together with its findings and recommendations, to the Secretary. In making these reports, the Council shall seek the opinions of persons familiar with postsecondary and adult vocational education in each State from schools, junior colleges, technical institutes, and other institutions of higher education, as well as from State boards of education, State junior college boards, and State boards of higher education, and persons familiar with area schools, labor, business and industry, accrediting commissions, proprietary institutions, and manpower programs. " (b)(1) Any State which desires to receive a grant under this title ^^^^e advisory for any fiscal year shall establish a State advisory council, which shall '"'""''' be appointed by the Governor or, in the case of States in which the members of the State board are elected, by such board, and which shall— " (A) include as members a person or persons— Membership, " (i) familiar with the vocational needs and the problems of management and labor in the State, and a person or persons representing State industrial and economic development agencies.

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Page:United States Statutes at Large Volume 82.djvu/1110

 1068

Duties.

Report.

Certification.

Meetings.

PUBLIC LAW 90-576-OCT. 16, 1968

[82 STAT.

"(ii) representative of community and junior colleges and other institutions of higher education, area vocational schools, technical institutes, and jx)stsecondary or adult education agencies or institutions, which may provide programs of vocational or technical education and training, "(iii) familiar with the administration of State and local vocational education programs, and a person or persons having special knowledge, experience, or qualifications with respect to vocational education and who are not involved in the administration of State or local vocational education programs, "(iv) familiar with programs of technical and vocational education, including programs in comprehensive secondary schools, "(v) representative of local educational agencies, and a person or jjersons who are representative of school boards, "(vi) representative of manpower and vocational education agencies in the State, including a person or persons from the Comprehensive Area Manpower Planning System of the State, "(vii) representing school systems with large concentrations of academically, socially, economically, and culturally disadvantaged students, "(viii) having special knowledge, experience, or qualifications, with respect to the special educational needs of physically or mentally handicapped persons, and " (ix) representative of the general public, including a person or persons representative of and knowledgeable about the poor and disadvantaged, who are not qualified for membership under any of the preceding clauses of this paragraph; " (B) advise the State board on the development of and policy matters arising in the administration of the State plan submitted pursuant to part B of this title, including the preparation of longrange and annual program plans pursuant to paragraphs (4) and (5) of section 123(a); " (C) evaluate vocational education programs, services, and activities Eissisted under this title, and publish and distribute the results thereof; and " (D) prepare and submit through the State board to the Commissioner and to the National Council an annual evaluation report, accompanied by such additional comments of the Stat© board as the State board deems appropriate, which (i) evaluates the effectiveness of vocational education programs, services, and activities carried out in the year under review m meeting the program objectives set forth in the long-range program plan and the annual program plan provided for in paragraphs (4) and (5) of section 123 (a), and (ii) recommends such changes in such p r o - a m s, services, and activities as may be warranted by the evaluations. "(2) Not less than ninety days prior to the beginning of any fiscal year ending after June 30, 1969, in which a State desires to receive a grant under this title, that State shall certify the establishment of, and membership of, its State Advisory Council to the Commissioner. "(3) Each State Advisory Council shall meet within thirty days after 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 Advisory 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 vocational education.

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 82 STAT. ]

PUBLIC LAW 90-576-OCT. 16, 1968

1069

" (4) State Advisory Councils are authorized to obtain the services Consultants. 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. "(c) From the sums appropriated pursuant to section 102(c) for compensation, any fiscal year, the Commissioner is authorized (in accordance with ""^ ^ ^°"" regulations) to pay to each State Advisory Council an amount equal to the reasonable amounts expended by it in carrying out its functions under this title in such fiscal year, except that the amount available for such purpose shall be equal to 1 per centum of the State's allotment under section 103, but such amount shall not exceed $150,000 and shall not be less than $50,000. a FEDERAL ADMINISTRATION

"SEC. 105. Nothing contained in this title shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school system. " L A B O R STANDARDS

"SEC. 106. All laborers and mechanics employed by contractors or subcontractors on all construction projects assisted under this title shall be paid wages at rates not less than those prevailing as determined by the Secretary of Labor in accordfuice with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5). The Secretary of Labor shall ^ ^gStat. loii; have with respect to the labor standards specified in this section the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section 2 of the Act of June 13, 1934, as 64 Stat. 1267. amended (40 U.S.C. 276c). 63 Stat. los. " L I M I T A T I O N O N P A Y M E N T S UNDER T H I S TITLE

"SEC. 107. (a) Nothing contained in this title shall be construed to authorize the making of any payment under this title for religious worship or instruction, or for the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship. " (b) Funds appropriated pursuant to this title may be used for residential vocational education schools only to the extent that the operation of such schools is consistent with general regulations of the ( ommissioner concerning the operation of such schools, but in no case may juveniles be assigned to such schools as the result of their delinquent conduct, and such facilities may not be used in such a manner as to result in racial segregation. "DEFINITIONS

"SEC. 108. For the purposes of this title— " (1) The term 'vocational education' means vocational or technical training or retraining which is given in schools or classes (including field or laboratory work and remedial or related academic and technical instruction incident thereto) under public supervision and control or under contract with a State board or local educational agency and is conducted as part of a program designed to prepare individuals for gainful employment as semiskilled or skilled workers or technicians or subprofessionals in recognized occupations and in new and emerging

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Page:United States Statutes at Large Volume 82.djvu/1112

 1070

PUBLIC LAW 90-576-OCT. 16, 1968

[82 STAT.

occupations or to prepare individuals for enrollment in advanced technical education programs, but excluding any program to prepare individuals for employment in occupations which the Commissioner determines, and specifies by regulation, to be generally considered professional or which requires a baccalaureate or higher degree; and such term includes vocational guidance and counseling (individually or through group instruction) in connection with such training or for the purpose of facilitating occupational choices; instruction related to the occupation or occupations for which the students are in training or instruction necessary for students to benefit from such.training; job placement; the training of persons engaged as, or preparing to become, teachers in a vocational education program or preparing such teachers to meet special education needs of handicapped students; teachers, supervisors, or directors of such teachers while in such a training program; travel of students and vocational education personnel while engaged in a training program; and the acquisition, maintenance, and repair of instructional supplies, teaching aids, and equipment, but such term does not include the construction, acquisition, or initial equipment of buildings or the acquisition or rental of land. "(2) The term 'area vocational education school' means— " (A) a specialized high school used exclusively or principally for the provision of vocational education to persons who are available for study in preparation for entering the labor market, or " (B) the department of a high school exclusively or principally used for providing vocational education in no less than five different occupational fields to persons who are available for study in preparation for entering the labor market, or " (C) a technical or vocational school used exclusively or principally for the provision of vocational education to persons who have completed or left high school and who are available for study in preparation for entering the labor market, or " (D) the department or division of a junior college or community college or university which provides vocational education in no less than five different occupational fields, under the supervision of the State Board, leading to immediate employment but not necessarily leading to a baccalaureate degree, if it is available to all residents of the State or an area of the State designated and approved by the State Board, and if, in the case of a school, department, or division described in (C) or (D), it admits as regular students both persons who have completed high school and persons who have left high school. "(3) "^hp term 'sr>>ool facilities' means classrooms and related facilities (including initial equipment) and interests in lands on which such facilities are constructed. Such term shall not include any facility intended primarily for events for which admission is to be charged to the general public. "(4) The term 'construction' includes construction of new buildings and acquisition, expansion, remodeling, and alteration of existing buildings, and includes site grading and improvement and architect fees. "(5) The term 'Commissioner' means the Commissioner of Education, and the term 'Secretary' means the Secretary of Health, Education, and Welfare. "(6) The term 'handicapped', when applied to persons, means persons who are mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crip-

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Page:United States Statutes at Large Volume 82.djvu/1113

 82 STAT. ]

PUBLIC LAW 90-576-OCT. 16, 1968

pled or other health impaired persons who by reason thereof require special education and related services. "(7) The term 'State' includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. "(8) The term 'State board' means a State board designated or created by State law as the sole State agency responsible for the administration of vocational education, or for supervision of the administration thereof by local educational agencies, in the State. "(9) The term 'local educational agency' means a board of education or other legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district, or political subdivision in a State, or any other public educational institution or agency having administrative control and direction of a vocational education program. "(10) The term 'high school' does not include any grade beyond grade 12. "(11) The term 'private vocational training institution* means a business or trade school, or technical institution or other technical or vocational school, in any State, which (A) admits as regular students only persons who have completed or left elementary or secondary school and who have the ability to benefit from the training offered by such institution; (B) is legally authorized to provide, and provides within that State, a program of postsecondary vocational or technical education designed to fit individuals for useful employment in recognized occupations; (C) has been in existence for two years or has been specially accredited by the Commissioner as an institution meeting the other requirements of this subsection; and (D) is accredited (i) by a nationally recognized accrediting agency or association listed by the Commissioner pursuant to this clause, or (ii) if the Commissioner determines that there is no nationally recognized accrediting agency or association qualified to accredit schools of a particular category, by a State agency listed by the Commissioner pursuant to this clause, or (iii) if the Commissioner determines that there is no nationally recognized or State agency or association qualified to accredit schools of a particular category, by an advisory committee appointed by him and composed of persons specially qualified to evaluate training provided by schools of that category, which committee shall prescribe the standards of content, scope, and quality which must be met by those schools and shall also determine whether particular schools meet those standards. For the purpose of this subsection, the Commissioner shall publish a list of nationally recognized accrediting agencies or associations and State agencies which he determines to be reliable authority as to the quality of education or training afforded. "(12) The term 'Vocational Education Act of 1946' meajis titles I, II, and III of the Act of June 9, 1936, as amended (20 U.S.C. 15i-15m, 15o-15q, 15aa-15jj,15aaa-15ggg). "(13) The term 'supplementary vocational education Acts' means section 1 of the Act of IkLarch 3, 1931 (20 U.S.C. 30) (relating to vocational education in Puerto Rico), the Act of March 18, 1950 (20 U.S.C. 31-33) (relating to vocational education ill the Virgin Islands), and section 9 to the Act of August 1, 1956 (20 U.S.C. 34) (relating to vocational education in Guam).

1071

7o'sta?925;'' 72 Stat. 1598. ^^ ^'^'- ^^s'^'* ^'^' ^^ ''° ^'^'- ^09

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 1072

PUBLIC LAW 90-576-OCT. 16, 1968

[82 STAT.

" P A R T B — S T A T E VOCATIONAL EDUCATION PROGRAMS "AUTHORIZATION OF GRANTS

"SEC. 121. From the sums made available for grants under this part pursuant to sections 102 and 103, the Commissioner is authorized to make grants to States to assist them in conducting vocational education programs for persons of all ages in all communities of the States, which are designed to insure that education and training programs for career vocations are available to all individuals who desire and need such education and training. a USES OF FEDERAL

76 Stat. 2 3. 42 USC 2571

note.' 11 us^c 2^501 note. 76 Stat. 872. no\e."^^ ^*°^

FUNDS

"SEC. 122. (a) Grants to States under this part may be used, in accordance with State plans approved pursuant to section 123, for the following purposes: "(1) vocational education programs for high school students, including such programs which are designed to prepare them for advanced or highly skilled postsecondary vocational and technical education; "(2) vocational education for persons who have completed or left high school and who are available for study in preparation for entering the labor market; "(3) vocational education for persons (other than persons who are receiving training allowances under the Manpower Development and Training Act of 1962 (Public Law 87-115), the Area Redevelopment Act (Public Law 87-27), or the Trade Expansion -^^^ ^^ ^^^^ (Public Law 87-794)) who have already entered the labor market and who need training or retraining to achieve stability or advancement in employment; "(^) i-^) vocational education for persons (other than handicapped persons defined in section 108(6)) who have academic, socioeconomic, or other handicaps that prevent them from succeeding in the regular vocational education program; " (B) vocational education for handicapped persons who because of their handicapping condition cannot succeed in the regular vocational education program without special educational assistance or who require a modified vocational education program; "(5) construction of area vocational education school facilities; "(6) vocational guidance and counseling designed to aid persons enumerated in paragraphs (1) through (4) of this subsection in the selection of, and preparation for, employment in all vocational areas; "(7) provision of vocational training through arrangements with private vocational training institutions where such private institutions can make a significant contribution to attaining the objectives of the State plan, and can provide substantially equivalent training at a lesser cost, or can provide equipment or services not available in public institutions; and "(8) ancillary services and activities to assure quality in all vocational education programs, such as teacher training and supervision, program evaluation, special demonstration and experimental programs, development of instructional materials, and improved State administration and leadership, including periodic evaluation of State and local vocational education programs and services in light of information regarding current and projected manpower needs and job opportunities.

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 82 STAT. ]

PUBLIC LAW 90-576-OCT. 16, 1968

1073

" (b) I n addition to the uses of funds specified in subsection (a), funds appropriated pursuant to section 102(c) and paid to a State for the following purpose by the Commissioner may be used for— " (1) the development of the State plan; "(2) State administration of the State plan, including obtaining information regarding current and projected manpower needs and job opportunities; and "(3) the evaluations required under this title and the dissemination of the results thereof. "(c)(1) At least 25 per centum of that portion of each State's allotment of funds appropriated under section 102(a) for any fiscal year beginning after June 80, 1969, which is in excess of its base allotment shall be used only for the purpose set forth in paragraph (4)(A) of subsection (a): Provided, That for anj'^ such fiscal year the amount used for such purpose shall not be less than 15 per centum of the total allotment of such funds for each State, except as any requirement under this paragraph may be waived for any State by the Commissioner for any fiscal year upon his finding that the requirement imposes a hardship or is impractical in its application. " (2) A t least 25 per centum of that portion of each State's allotment of funds appropriated under section 102(a) for any fiscal year beginning after June 30, 1969, which is in excess of its base allotment shall be used only for the purpose set forth in paragraph (2) of subsection (a): Provided, That for any such fiscal year the amount used for such purpose shall not be less than 15 per centum of the total allotment of such funds for each State, except as any requirement under this paragraph may be waived for any State by the Commissioner for any fiscal year upon his finding that the requirement imposes a hardship or is impractical in its application. "(3) At least 10 per centum of each State's allotment of funds appropriated under section 102(a) for any fiscal year beginning after June 30, 1969, shall be used only for the purpose set forth in paragraph 4(B) of subsection (a). "(4) As used in this subsection, the term 'base allotment' means "Base aiiotthe sum of the allotments to a State for the fiscal year ending June 30, '"^"*" 1969, from (1) sums appropriated under section 102(a) of this Act, (2) the Smith-Hughes Act (that is, the Act a p p r o v ^ February 23, 1917 (39 Stat. 929; 20 U.S.C. 11-15,16-28)), (3) the Vocational Education Act of 1946, and (4) any of the supplementary vocational edu- ^"'e- P- IO7I. rational Acts (including, in the case of American Samoa, section 2 of the Act of September 25, 1962,48 U.S.C. 1667). ^6 Stat. sse. "STATE PLANS

"SEC. 123. (a) Any State desiring to receive the amount for which it is eligible for any fiscal year pursuant to this title shall submit a State plan at such time, in such detail, and containing such information as the Commissioner deems necessary, which meets the requirements set forth in this title. The Commissioner shall approve a plan submitted by a State if he determines that the plan submitted for that year— "(1) has been prepared in consultation with the State advisory council for that State; "(2) designates the State board as the sole agency for administration of the State plan, or for supervision of the administration thereof by local educational agencies; "(3) has been submitted only after the State board (A) has given reasonable notice, and afforded a reasonable opportunity for a public hearing, and (B) has implemented policies and procedures to insure that copies of the State plan and all statements of

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Page:United States Statutes at Large Volume 82.djvu/1116

 1074

PUBLIC LAW 90-576-OCT. 16, 1968

[82 STAT.

general policies, rules, reffulations, and procedures issued by the State board concerning the administration of such plan will be made reasonably available to the public; "(4) sets forth a long-range program plan (or, as is appropriate, a supplement to, or revision of, a previously submitted long-range plan) for vocational education in the State, which program plan (A) has been prepared in consultation with the State advisory council, (B) extends over such period of time, (but not more than five years or less than three years), beginning with the fiscal year for which the State plan is submitted, as the Commissioner deems necessary and appropriate for the purposes of this title, (C) describes the present and projected vocational education needs of the State in terms of the purposes of this title, and (D) sets forth a program of vocational education objectives which affords satisfactory assurance of substantial progress toward meeting the vocational education needs of the potential students in the State; "(5) sets forth an annual program plan, which (A) has been prepared in consultation with the State advisory council, (B) describes the content of, and allocation of Federal and State vocational education funds to programs, services, and activities to be carried out under the State plan during the year for which Federal funds are sought (whether or not supported with Federal funds under this title), (C) indicates how and to what extent, such programs, services, and activities will carry out the program objectives set forth in the long-range program plan provided for in paragraph (4), and (D) indicates how, and to what extent, allocations of Federal funds allotted to the State will take into consideration the criteria set forth in the State plan pursuant to paragraph (6), and (E) indicates the extent to which consideration was given to the findings and recommendations of the State advisory council in its most recent evaluation report submitted pursuant to section 104; "(6) sets forth in detail the policies and procedures to be followed by the State in the distribution of funds to local educational agencies in the State and for the uses of such funds, specified in paragraphs (1) through (8) of section 122(a), for the programs, services, and activities set forth in the program plans submitted pursuant to paragraphs (4) and (5), which policies and procedures assure that— " (A) due consideration will be given to the results of periodic evaluations of State and local vocational education programs, services, and activities in the light of information regarding current and projected manpower needs and job opportunities, particularly new and emerging needs and opportunities on the local, State, and national levels, " (B) due consideration will be given to the relative voca-. tional education needs of all population groups in all geographic areas and communities in the State, particularly Eersons with academic, socioeconomic, mental, and physical andicaps that prevent them from succeeding in regular vocational education programs, " (C) due consideration will be given to the relative ability of particular local educational agencies within the State, particularly those in economically depressed areas and those with high rates of unemployment, to provide the resources necessary to meet the vocational education needs in the areas or communities served by such agencies, " (D) due consideration will be given to the cost of the programs, services, and activities,provided by local educa-

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