text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1018

 92 STAT. 2298

PUBLIC LAW 95-561—NOV. 1, 1978 "(2) training of and assistance to administrators, teachers, and . and "(3) research and evaluation designed to determine improved means of assessing more accurately the achievement of children in basic skills and of diagnosing instructional needs. "(b) Nothing in this section shall authorize the Commissioner to require specific tests or test questions. Any State or local educational agency may refuse to use any test or test question developed under this section. "(c) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section for fiscal year 1980, and for each of the three succeeding fiscal years.
 * other instructional personnel in the use of tests and test results;

Women's Educational Equity Act of 1978. 20 USC 3341.

20 USC 1681. "eouncil."

.

"PART C—WOMEN'S EDUCATIONAL EQUITY

"SHORT TITLE; PURPOSE

"SEC. 931. (a) This part may be cited as the 'Women's Educational Equity Act of 1978'. "(b)(1) The Congress finds and declares that educational programs in the United States, as presently conducted, are frequently inequitable as such programs relate to women and frequently limit the full participation of all individuals in American society. "(2) It is the purpose of this part to provide educational equity for women in the United States and to provide financial assistance to enable educational agencies and institutions to meet the requirements of title IX of the Education Amendments of 1972. "(c) As used in this part, the term 'Council' means the National Advisory Council on Women's Educational Programs. a. GRANT AND CONTRACT AUTHORITY

20 USC 3342.

"SEC. 932, (a) The Commissioner is authorized to make grants to, and enter into contracts with, public agencies, private nonprofit agencies, organizations, and institutionsj including student and community groups, and individuals, for activities designed to achieve the purpose of this part at all levels of education, including preschool, elementary and secondary education, higher education, and adult education. The activities may include— "(1) demonstration, developmental, and dissemination activities of national, statewide, or general significance, including— "(A) the development and evaluation of curricula, textbooks, and other educational materials related to educational equity; " (B) model preservice and inservice training programs for educational personnel with special emphasis on programs and activities designed to provide educational equity; ,; "(C) research and development activities designed to advance educational equity; "(D) guidance and counseling activities, including the development of nondiscriminatory tests, designed to insure educational equity; " (E) educational activities to increase opportunities for ?, adult women, including continuing educational activities and programs for underemployed and unemployed women; and

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text: Dictionary of National Biography, 1885-1900/William of Newburgh

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


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1019

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2299

" (F) the expansion and improvement of educational programs and activities for women in vocational education, career education, physical education, and educational administration; and "(2) assistance to eligible entities to pay a portion of the costs of the establishment and operation, for a period of not to exceed two years, of special programs and projects of local significance to provide equal opportunities for both sexes, including activities listed in paragraph (1), activities incident to achieving compliance with title IX of the Education Amendments of 1972 and 20 USC 1681. other special activities designed to achieve the purposes of this part. Xot less than 75 per centum of funds used to support activities covered by paragraph (2) shall be used for awards to local educational agencies. "(b) For each fiscal year, the Commissioner shall use $15,000,000 from the funds available under this part to support activities described in paragraph (1) of subsection (a). Any funds in excess of $15,000,000 available under this part shall be used to support activities described in paragraph (2) of subsection (a). "APPLICATION; PARTICIPATION

"SEC. 933. (a) A grant may be made, and a contract may be entered 20 USC 3343. into, under this part only upon application to the Commissioner, at such time, in such form, and containing or accompanied by such information as the Commissioner may prescribe. Each such application shall— "(1) provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant; (2) describe a program for carrying out one or more of the purposes set forth in section 932(a) which holds promise of making a substantial contribution toward attaining such purposes; and "(3) set forth policies and procedures which insure adequate evaluation of the activities intended to be carried out under the application; " (b) Nothing in this part shall be construed as prohibiting men and boys from participating in any programs or activities assisted under this part. "SMALL GRANTS

'

"SEC. 934. In addition to the authority of the Commissioner under 20 USC 3344. section 932, the Commissioner shall carry out a program of small grants (as part of the grant program administered under section 932 j (a)(1)), not to exceed $25,000 each, in order to support innovative approaches to achieving the purposes of this part; and for that purpose the Commissioner is authorized to make grants to public and private nonprofit agencies and to individuals. <CRITERIA (

AND PRIORITIES

"SEC. 935. The Commissioner shall establish criteria and priorities 20 USC 3345. for awards under this part to insure that available funds are used for programs that most effectively will achieve the purposes of this part.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1020

 92 STAT. 2300 20 USC 1232.

PUBLIC LAW 95-561—NOV. 1, 1978 Those criteria and priorities shall be promulgated in accordance with section 431 of the General Education Provisions Act. " N A T I O N A L ADVISORr COUNCIL ON W O M E N ' S EDUCATIONAL PROGRAMS

Establishment. 20 USC 3346. Membership.

Term of office.

"SEC. 936. (a) There is established in the Office of Education a National Advisory Council on Women's Educational Programs. The Council shall be composed of— " (1) seventeen individuals, some of whom shall be students, and who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals, broadly representative of the general public who, by virtue of their knowledge or experience, are versed in the role and status of women in American society; "(2) the staff Director of the Civil Rights Commission; "(3) the Director of the Women's Bureau of the Department of Labor; and "(4) the Director of the Women's Action Program of the Department of Health, Education, and Welfare. The Council shall elect its own Chairperson from among the members described in paragraph (1). "(b) The term of office of each member of the Council appointed under paragraph (1) of subsection (a) shall be three years, except that— "(1) the members first appointed under such clause shall serve as designated by the President, six for a term of one year, five for a term of two years, and six for a term of three years; and "(2) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term. "(c) The Council shall— "(1) advise the Secretary, Assistant Secretary, and the Commissioner on matters relating to equal educational opportunities for women and policy matters relating to the administration of this part; "(2) make recommendations to the Commissioner with respect to the allocation of any funds pursuant to this part, including criteria developed to insure an appropriate geographical distribution of approved programs and projects throughout the Nation; "(3) recommend criteria for the establishment of program priorities; "(4) make such reports as the Council determines appropriate to the President and the Congress on the activities of the Council; and "(5) disseminate information concerning the activities of the Council under this part. "(d) The provisions of part D of the General Education Provisions Act shall apply with respect to the Council established under this subsection. "REPORT

Report to President and Congress. 20 USC 3347.

"SEC. 937. The Commissioner is directed, not later than September 30, 1980, 1982, and 1984, to submit to the President and the Congress and to the Council a report setting forth the programs and

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text:
Page:The Bobbsey Twins.djvu/139

Rh Snoop had one comical trick that always made both Flossie and Freddie laugh. There was running water in the kitchen, and Snoop loved to sit on the edge of the sink and play with the drops as they fell from the bottom of the faucet. He would watch until a drop was just falling, then reach out with his paw and give it a claw just as if he was reaching for a mouse.

Another trick he had, but this Mrs. Bobbsey did not think so nice, was to curl himself on the pillow of one of the beds and go sound asleep. Whenever he heard Mrs. Bobbsey coming up one pair of stairs, he would fly off the bed and sneak down the other pair, so that she caught him but rarely.

Snoop was a very clean cat and was continually washing his face and his ears. Around his neck Flossie placed a blue ribbon, and it was amusing to see Snoop try to wash it off. But after a while, having spoilt several ribbons, he found they would not wash off, and so he let them alone, and in the end appeared very proud of them.

One day, when Snoop had been in the house

title: Page:The Bobbsey Twins.djvu/139


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1021

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2301

activities assisted under this part, and to provide for the distribution of this report to all interested groups and individuals, including the Congress, from funds authorized under this part. After receiving the report from the Commissioner, the Council shall evaluate the program and projects assisted under this part and include such evaluation in its annual report. uAUTHORIZATION OF APPROPRIATIONS

"SEC. 938. For the purpose of carrying out this part there are 20 USC 3348. authorized to be appropriated $80,000,000 for fiscal year 1980, and each of the three succeeding fiscal years. " P A R T D — S P E C I A L GRANTS FOR S A F E SCHOOLS "PURPOSE

"SEC. 941. The purpose of this part is to provide financial assistance 20 USC 3351. to aid local educational agencies throughout the Nation to meet special needs incident to providing security for children, employees, and facilities in elementary and secondary schools by reducing and preventing crimes against them and to encourage the reporting of serious crimes committed in schools to local law enforcement agencies. a AUTHORIZATION OF APPROPRIATIONS

"SEC. 942. There is authorized to be appropriated $15,000,000 for the 20 USC 3352. fiscal year ending September 30, 1979, and such sums as may be necessary for each of the four succeeding fiscal years to carry out this part. uALLOTMENTS TO LOCAL EDUCATIONAL AGENCIES

"SEC. 943. (a) Within one hundred and eighty days after the date 20 USC 3353. of enactment of the Education Amendments of 1978, the Commissioner ^"^«. p- 2143. shall select 15 local educational agencies for funding under this section. The Commissioner is to take into full account geographical considerations in the determination of the 15 agencies. "(b) The sums appropriated to carry out this part for a fiscal year shall be allotted by the Commissioner among the local educational agencies identified pursuant to subsection (a) in a manner which gives consideration to the following criteria in the following order: "(1) The extent and impact upon elementary and secondary education of crime in the schools of the district to be served, including the reported incidences of such crime in the school. "(2) Districts which have ongoing programs aimed at promoting school safety, but nothing in this paragraph shall be construed to mean that funds made available under this part will be used to substitute for local funds in such programs, but rather be used to expand such programs. " (3) The financial need of such local educational agency. "(4) The expense and difficulty of effectively carrying out a plan described in section 944(a) in such school district. "(5) The degree to which measurable deficiencies in the quality of public education afforded in such district exceed those of other school districts within the State.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1022

 92 STAT. 2302

PUBLIC LAW 95-561—NOV. 1, 1978 "(6) The degree to which the plan described in section 944(a), and the program or project to be assisted, are likely to effect a decrease in crime in the schools. "(7) The degree to which a local educational agency has devel- oped administrative guidelines encouraging the reporting to local law enforcement agencies of all serious crimes committed in schools under their jurisdiction. "(8) The degree to which employees of the local educational agency report serious crimes committed in schools to local law enforcement agencies. "APPLICATION'

20 USC 3354.

Regulations.

Consultation.

42 USC 5601 note.

"SEC. 944. (a) A local educational agency may receive a grant under this part for any fiscal year only upon application therefor approved by the Commissioner, with the consent of the appropriate State educational agency, upon the Commissioner's determination that the local educational agency has adopted and is implementing, or will, if assistance is made available under this part, adopt and implement, a plan to reduce crime and increase the safety and security of the students, employees, and facilities of its elementary and secondary schools through programs and projects designed to carry out the purpose of this part, including— "(1) the provision of additional professional or other staff members (including staff members especially trained in problems incident to crime control) and the training and retraining of staff for schools which are affected by such a plan; "(2) provision of information to parents and other members of the general public incident to the development or to the implementation of such plan; "(3) the adoption of administrative guidelines so that school officials and staff are encouraged to report all serious crimes occurring in school or in school buildings to local law enforcement agencies; "(4) planning and evaluation activities; "(5) other specially designed programs or projects that meet the purpose of this part; "(b) Funds may also be used for minor alteration of school plants and facilities, including the acquisition, installation, modernization, or replacement of equipment to reduce the susceptibility of the facility to crimes or vandalism. No more than 10 percent of the funds under any plan shall be used for this purpose. "(c) The Commissioner shall promulgate such regulations as may be necessary to provide for the suspension of funding under this part to any local educational agency which the Commissioner determines has not complied with, the requirements of subsection (a)(3), "(d) The Commissioner shall consult with the Associate Administrator of the Office of Juvenile Justice and Delinquency Prevention for the purpose of coordinating programs and activities funded under this section with those related programs funded under the Juvenile Justice Delinquency Prevention Act of 1974.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1023

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2303

"PART E—^ETHNIC HERITAGE PROGRAM "STATEMENT OF POLICY

"SEC. 951. I n recognition of the heterogeneous composition of the 20 USC 3361. Nation and of the fact that in a multiethnic society a greater understanding of the contributions of one's own heritage and those of one's fellow citizens can contribute to a more harmonious, patriotic, and committed populace, and in recognition of the principle that all persons in the educational institutions of the Nation should have an opportunity to learn about the differing and unique contributions to the national heritage made by each ethnic group, it is the purpose of this part to provide assistance designed to afford to students opportunities to learn about the nature of their own cultural heritage, and to study the contributions of the cultural heritages of the other ethnic groups of the Nation. " E T H N I C H E R VI A G E 8TX7D1ES PROGRAMS

"SEC. 962. The Commissioner is authorized to make grants to, and 20 USC 3362. contracts with, public and private nonprofit educational agencies, institutions, and organizations to assist them in planning, developing, establishing, and operating ethnic heritage studies programs, as provided in this part. "AUTHORIZED ACTIVITIES

"SEC. 953. Each program assisted under this part shall— 20 USC 3363. "(1)(A) develop curriculum materials for use in elementary or secondary schools or institutions of higher education relating to the history, geography, society, economy, literature, art, music, drama, language, and general culture of the group or groups with which the program is concerned, and the contributions of that ethnic group or groups to the American heritage; or "(B) disseminate curriculum materials to permit their use in elementary or secondary schools or institutions of higher education throughout the Nation; or "(C) provide training for persons using, or preparing to use, curriculum materials developed under this part; and "(2) cooperate with persons and organizations with a special interest in the ethnic group or groups with which the program is concerned to assist them in promoting, encouraging, developing, or producing programs or other activities which relate to the history, culture, or traditions of that ethnic group or groups. "APPLICATIONS

"SEC. 954. (a) Any public or private nonprofit agency, institution, 20 USC 3364. or organization desiring assistance under this part shall make application therefor in accordance with the provisions of this part and other applicable law and with regulations of the Commissioner promulgated for the purposes of this part. The Commissioner shall approve an application under this part only if he determines that— " (1) the program for which the application seeks assistance will be operated by the applicant and that the applicant will carry out such program in accordance with this part;

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1024

 92 STAT. 2304

PUBLIC LAW 95-561—NOV. 1, 1978 "(2) such program will involve the activities described in section 953; and " (3) such program has been planned, and will be carried out, in consultation with an advisory council which is representative of the ethnic group or groups with which the program is concerned and which is appointed in a manner prescribed by regulation. "(b) In approving applications under this part, the Commissioner shall ensure that there is cooperation and coordination of efforts among the programs assisted under this part, including the exchange of materials and information and joint programs where appropriate. ((ADMINISTRATIVE

20 USC 3365.

"SEC. 955. (a) In carrying out this part, the Commissioner shall make arrangements which will utilize (1) the research facilities and personnel of institutions of higher education, (2) the special knowledge of ethnic groups in local communities and of foreign students pursuing their education in this country, (3) the expertise of teachers in elementary and secondary schools and institutions of higher education, and (4) the talents and experience of any other groups such as foundations, civic groups, and fraternal organizations which would further the goals of the programs. "(b) Funds appropriated to carry out this part may be used to cover all or part of the cost of establishing and carrying out the programs, including the cost of research materials and resources, academic consultants, and the cost of training of staff for the purposes of carrying out the purposes of this part. Such funds may also be used to provide stipends (in such amounts as may be determined in accordance with regulations of the Commissioner) to individuals receiving training as part of such programs, including allowances for dependents. ((NATIONAL

National Advisory Council on Ethnic Heritage Studies. Establishment. 20 USC 3366. 20 USC 1233.

ADVISORY

COUNCIL

"SEC. 956. (a) There is hereby established a National Advisory Council on Ethnic Heritage Studies consisting of fifteen members appointed by the Secretary who shall be appointed, serve, and be compensated as provided in part D of the General Education Provisions Act. "(b) Such Council shall, with respect to the program authorized by this part, carry out the duties and functions specified in part D of the General Education Provisions Act. a AUTHORIZATION

20 USC 3367.

PROVISIONS

OF APPROPRIATIONS

"SEC. 957. For the purpose of carrying out this part, there are authorized to be appropriated $15,000,000 for each of the fiscal years ending prior to October 1, 1983. Sums appropriated pursuant to this section shall, notwithstanding any other provision of law unless enacted in express limitation of this sentence, remain available for expenditure and obligation until the end of the fiscal year succeeding the fiscal year for which they were appropriated.".

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1025

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2305

TITLE IX—AMENDMENTS RELATING TO GENERAL PROVISIONS O F THE ELEMENTARY AND SECONDARY EDUCATION ACT O F 1965 KEVISIOX o r TITLE VIII—GENERAL PROVISIONS

SEC. 901. (a)(1) The matter preceding the hyphen in section 1001 of the Act (as redesignated by section 801 of this Act) is amended by 20 USC 3381. striking out "and VII " and inserting in lieu thereof " VII, VIII, and IX ". (2) Section 1001(j) of the Act (as so redesignated) is amended by striking out "and VII " and inserting in lieu thereof "VII, VIII, and IX " and by inserting before the period a comma and "and the Northern Mariana Islands". (3) Section 1001(1) of the Act (as so redesignated) is repealed. Repeal. (b) Section 1004 of the Act (as so redesignated) is amended to read 20 USC 3384. as follows: " W A IV E R O F REQUIREMENTS EOR CERTAIN JURISDICTIONS

"SEC. 1004. (a)(1) If the Commissioner determines that compliance with any of the requirements of this Act by Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territory of the Pacific Islands is impractical or inappropriate because of conditions or circumstances particular to any of such jurisdictions, he may waive any of those requirements upon the request of the State educational agency for such jurisdiction. At least thirty days prior to approving any such request for a waiver, the Commissioner shall publish in the Federal Register a notice of his intent to grant such a waiver and the terms and conditions upon which such a waiver will be granted. "(2) Any waiver of requirements under this subsection shall be subject to such terms and conditions as the Commissioner deems necessary to carry out the purposes of this Act, including the submission by the jurisdiction concerned of a plan for the management of the funds provided under this Act, in order to insure that those funds are used in a manner designed to achieve the purposes of this Act. "(b)(1) If the Commissioner determines that compliance with any of the requirements of title I by Puerto Rico is impractical or inappropriate because of conditions or circumstances particular to that jurisdiction, he may waive any of those requirements upon the request of the State educational agency for that jurisdiction. At least thirty days prior to approving any such request for a waiver, the Commissioner shall publish in the Federal Register a notice of his intent to grant such waiver and the terms and conditions upon which such a waiver will be granted. "(2) Any waiver of requirements under this subsection shall be subject to such terms and conditions as the Commissioner deems necessary to carry out the purposes of title I, including the submission by Puerto Rico of a plan for the management of the funds provided under such title, in order to insure that those funds are used in a manner designed to achieve the purposes of such title.

Publication in Federal Register.

Ante, p. 2153. Publication in Federal Register,

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1026

 92 STAT. 2306

PUBLIC LAW 95-561—NOV. 1, 1978 "(3) No waiver may be granted under this subsection after July 1, 1980, or apply to any period after such date.". TITLE X—IMPACT AID AMENDMENTS PART A—PUBLIC LAW 874

'

20 USC 237. 20 USC 238. 20 USC 239. 20 USC 238 note.

GENERAL EXTENSIONS OF PUBLIC LAW 8 74

SEC. 1001. (a) Section 2(a) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "1978" and inserting in lieu thereof "1983". (b) Section 3(b) of such Act is amended by striking out "1978" and inserting in lieu thereof "1983". (c) Section 4(a) of such Act is amended by striking out "1978" and inserting in lieu thereof "1983". (d) Subparagraph (B) of the second paragraph (2) of section 305 (a) of the Education Amendments of 1974 is amended by striking out "1978" and inserting in lieu thereof "1983". (e) Subparagraph (C) of such paragraph (2) is amended by striking out "1978" and inserting in lieu thereof "1983". REVISION OF JURISDICTIONAL LIMITS ON LOCATIONS OF FEDERAL PROPERTY

20 USC 238.

SEC. 1002. (a) Section 3(b)(2)(A) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by inserting before the comma the following: ", or in whole or in part in the school district of such agency if the school district is located in more than one county". (b) Section 3(b)(2)(B) of such Act is amended by inserting after "county" the following: "or district". PROVISIONS REGARDING HEAVILY IMPACTED SCHOOL DISTRICTS

20 USC 240.

SEC. 1003. (a) Section 3(d)(1)(A) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by striking out "25 per centum" and inserting in lieu thereof "20 per centum". (b) Section 3(d) of such Act is amended— (1) in paragraph (2)(B) thereof, by striking out "clause (1) of" each time it appears therein; and (2) in the first sentence of such paragraph, by striking out "the Commissioner is authorized, to", and inserting in lieu thereof "the Commissioner shall". (c)(1) Paragraph (2)(A) of section 5(c) of such Act is amended to read as follows: "(A) To each local educational agency— " (i) with respect to which the local contribution rate has been increased under paragraph (2)(B) of section 3(d), which equals 75 per centum of the amount to which such agency is entitled as computed under section 3(d) for such fiscal year; and "(ii) described in clause (A) of section 3(d)(1) which equals 75 per centum of the amount to which such agency is entitled, as computed under section 3(d), with respect to a determination of number of children under section 3(a) and section 3(b)(3) of such fiscal year;"

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1027

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2307

(2) Paragraph (2)(D) of such section 5(c) of such Act is amended 20 USC 240. by inserting atter "section 3(b) " the following: "(other than such children with respect to whom a payment is made under clause (A) (ii) of this paragraph)". (d) Section 3 of such Act is amended by adding at the end thereof 20 USC 238. the following new subsection: "(g) Notwithstanding any other provisions of this Act, no State may require that a vote of the qualified electors of a heavily impacted school district of a local educational agency be held to determine if such school district will spend the amounts to which the local educational agency is entitled under this Act.". ABSORPTION

SEC. 1004. Subparagraph (A) of paragraph (2) of section 3(d) of Repeal, the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is hereby repealed. < '

EARLY PAYMENTS ON THE BASIS OF ESTIMATES

SEC. 1005. Subsection (b) of section 5 of the Act of September 30, 20 USC 240. 1950 (Public Law 874, Eighty-first Congress) is amended by inserting " (1)" after " (b) " and by adding at the end thereof the following new paragraph: "(2) Not later than thirty days after the beginning of any fiscal j^ear the Commissioner shall, on the basis of any application for preliminary payment from any local educational agency which was eligible for a payment during the preceding fiscal year on the basis of entitlements established under section 2 or 3, make such a payment to such agency of not less than 75 per centum of the amount that such agency received during such preceding fiscal year.". STATE EQUALIZATION

SEC. 1006. (a) Section 5(d)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by adding at the end thereof the following new subparagraph: "(C)(i) If a State desires to take payments under this section into consideration as provided in this paragraph for any fiscal year, that State shall, not later than sixty days prior to the beginning of such fiscal year, submit notice to the Commissioner of its intention to do so. Such notice shall be in such form and be accompanied by such information as to enable the Commissioner to determine the extent to which the program of State aid of that State is consistent with the provisions of subparagraph (A). In addition, such notice shall be accompanied by such evidence as the Commissioner finds necessary that each local educational agency in that State has been given notice of the intention of the State. If the Commissioner determines that the program of State aid of a State submitting notice under this subparagraph is consistent with the provisions of subparagraph (A), the Commissioner shall certify such determination to that State. "(ii) Prior to certifying any determination under division (i) for Hearing, any State for any fiscal year, the Commissioner shall give the local educational agencies in that State an opportunity for a hearing at which such agencies may present their views with respect to the con-

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1028

 92 STAT. 2308

PUBLIC LAW 95-561—NOV. 1, 1978

sistency of the State aid program of that State with the provisions of subparagraph (A). "(iii) The Commissioner shall not finally deny to any State for any fiscal year certification of a determination under division (i) without first giving that State an opportunity for a hearing.". 20 USC 240 note. (b) No State or local educational agency located therein shall^ on the basis of noncompliance with standards established by regulations prescribed pursuant to section 5(d)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), be required to make restitution of funds distributed to local educational agencies under such Act for the 1977-1978 school year if such State has an equalization program which, for the 1978-1979 school year complies with such standards. '

^

20 USC 240.

'

ADJUSTMENTS NECESSITATED BY APPROPRIATIONS

SEC. 1007. (a) Section 5(c) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended— (1) by redesignating paragraph (2) (as amended by section 1003(c) of this Act) as paragraph (2)(A); (2) by striking out "amount—" and inserting in lieu thereof the following: "amount equal to 65 per centum of the amounts described in the following schedule:"; (3) by redesignating divisions (i) and (ii) of clause (A) of such paragraph (as added by such section 1003(c)) as subdivisions (I) and ( II), respectively; (4) by redesignating clauses (A), (B), (C), (D), (E), and (F) of such paragraph (2) as divisions (i), (ii), (iii), (iv), (v), and (vi), respectively; (5) by inserting at the end of paragraph (2) the following new subparagraph: "(B) From that part of the sums which remains after the allocation required by paragraph (1) and by subparagraph (A) of this paragraph for any fiscal year, he shall, in accordance with the requirements of subsection (e), allocate an amount not to exceed 35 per centum of the amounts described in the schedule set forth in subparagraph (A)."; and (6) in the matter following paragraph (3) by striking out "paragraph (2)" the second place it appears and inserting "paragraph (2)(A)". (b) Section 5(e) of such Act is amended to read as follows: "HOLD HARMLESS; DISCRETIONARY ALLOCATIONS

"(e)(1) In carrying out the required allocations under paragraph (2) of subsection (c), if any amount remains after making allocations under paragraph (2)(A) of such subsection, the Commissioner shall allocate, from the amounts available under paragraph (2)(B) of such subsection, to each local educational agency described in the schedule in such paragraph (2)(A) an amount which shall not be less than 90 per centum of the amount paid to such agency under this section for the preceding fiscal year. If sums appropriated for any fiscal year for making payments under this section are not sufficient to pay in full the amount to which each local educational agency is entitled under the previous sentence, such amounts shall be ratably reduced.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1029

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2309

"(2) Any sums which remain from the amounts available under paragraph (2)(B) of subsection (c) after making payments required by the first sentence of paragraph (1) of this subsection shall be allocated by the Commissioner among local educational agencies which have unsatisfied entitlements under sections 3 and 4 in accordance with 20 USC 238, 239. appropriations Acts.". HEARINGS

SEC. 1008. Section 5 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by adding at the end thereof 20 USC 240. the following new subsection: "(g) Each local educational agency which is adversely affected or aggrieved by any action of the Commissioner under this title shall be entitled to a hearing on, and review of, such action in the same manner as if such agency were a person under the provisions of chapters 5 and 7 of title 5, United States Code.". 5 USC 500, 701. CHILDREN FOR W H O M LOCAL AGENCIES ARE UNABLE TO PROVIDE EDUCATION

SEC. 1009. (a) Section 6(a)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by inserting after 20 USC 241. ''(5) the Performance Rating Act of 1950, as amended (5 U.S.C. 2001 ot seq.)." the following: "Personnel provided for under this subsec- 5 USC 4301 tion outside of the continental United States, Alaska, and Hawaii, ^^*^9shall receive such compensation, tenure, leave, hours of work, and other incidents of employment on the same basis as provided for similar positions in the public schools of the District of Columbia.". (b) Section 6(c) of such Act is amended by striking out everything after "United States" and inserting in lieu thereof the following: "in a grade, position, or classification subject by policy and practice to transfer or reassignment to areas where English is the language of instruction in the schools normally attended by children of Federal • employees. Dependents of excepted service professional employees of the schools shall be elijrible to attend the schools. In any case where education is being provided under an arrangement made under this subsection, it shall be presumed that no local educational agency is able to provide suitable free public education for the children of eligible pfTrents employed by the United States until the Commissioner determines, after consultation with the appropriate State educational agency, that a local educational agency is able to do so.". (c) Section 6(d) of such Act is amended bj'^ inserting at the end thereof the following: "The Commissioner shall ensure that funds provided under such arrangement or arrangements are expended in an efficient manner, and shall require an accounting of funds by such agency at least on an annual basis. The Commissioner shall further be provided with data relating to the quality and type of education provided to such children under such arrangement or arrangements.". (d) Section 6 of such Act is further amended by adding at the end thereof the following new subsections: "(g) The Commissioner shall ensure the establishment of an elective school board in schools assisted under this section. Such school lx)ard shall be composed of a minimum of three members, elected by the parents of students in attendance at such school. The Commissioner shall, by regulation, establish procedures for carrying out such school board elections as provided in this subsection.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1030

 92 STAT. 2310

PUBLIC LAW 95-561—NOV. 1, 1978 "(h) A school board established pursuant to subsection (g) shall be empowered to oversee school expenditures and operations, subject to audit procedures established by the Commissioner, and other provisions of this section.". PROMPT COXSn)ERATION FOR APPLICATIONS

20 USC 241-1.

20 USC 646, '

SEC. 1010. (a) Section 7(d) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by adding at the end thereof a new sentence to read as follows: "In any case m which the Commissioner does not complete, within sixty days, all action leading to approval or disapproval of an application filed under this section, the Secretary of Health, Education, and "Welfare shall assume responsibility for such approval or disapproval of such application and shall complete such action within ninety days of the filing of such application.". (b) Section 16(c) of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress) is amended by adding at the end thereof a new sentence to read as follows: "In any case in which the Commissioner does not complete, within sixty days, all action leading to approval or disapproval of an application filed under this section, the Secretary of Health, Education, and AVelfare shall assume responsibility for such approval or disapproval of such application and shall complete such action within ninety days of the filing of such application.". PROPERTY OWNED BY FOREIGN GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS

20 USC 244.

SEC. 1011. The second sentence of paragraph (1) of section 403 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by striking out "and (!>)" and inserting in lieu thereof " (D) " and by striking out the period at the end thereof and inserting in lieu thereof the following: "and (E) any property owned by a foreign government or by an international organization which by reason of such ownership is not subject to taxation by the State in which it is located or a subdivision thereof.". DEFINITION OF LOCAL EDUCATIONAL AGENCY

SEC. 1012. Effective October 1, 1979, section 403(6)(A) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "free public education" and inserting in lieu thereof "free public elementary and secondary education through grade 12". HANDICAPPED CHILDREN

20 USC 238.

SEC. 1013. Paragraph (10) of section 403 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by adding at the end thereof the following new sentence: "A child shall, for the purposes of section 3, be deemed to be in attendance at a school of a local educational agency if such child is determined to be federally connected under clause (1) or (2) of section 3(a) or under clause (1), (2), or (3) of section 3(b) for any fiscal year and if such child is attending a school other than a school of such agency because such

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1031

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2311

child is handicapped (as defined in section 602(1) of the Education of the Handicapped Act) and if such agency makes a tuition payment 20 USC 1401. on behalf of such child to such school for such fiscal year.". USE o r AVERAGE DAILY MEMBERSHIP

SEC. 1014. Paragraph (10) of section 403 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is further 20 USC 244. amended by adding at the end thereof the following new sentence: "Begulations promulgated by the Commissioner in accordance with clause (A) of this paragraph shall permit the conversion of average daily membership to average daily attendance for local educational agencies in States which reimburse local educational agencies based upon average daily membership and which do not require local educational agencies to keep records based on average daily attendance.". IMPACT AID STUDY

SEC. 1015. (a) The President shall appoint a Commission on the Review of the Federal Impact Aid Program consisting of ten members. (b) The Commission shall review and evaluate the administration and operation of the impact aid program under the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) including— (1) the equity of the present funding structure under Public Law 874, h (2) the relative benefit of the assistance for impact aid under Public Law 874 in view of the increasing costs of the program and the limitation on the availability of funds, and (3) the ways in which districts of local educational agencies which are Federally impacted can best be assisted in meeting their educational needs. (c)(1) The Secretary of Health, Education, and Welfare shall assure that the Department of Health, Education, and Welfare provide full support and cooperation to the Commission appointed under this section. (2) The provisions of part D of the General Education Provisions Act, not inconsistent with the provisions of this section, shall apply to the Commission appointed under this section. (3) This Commission shall closely coordinate its activities with activities of the Advisory Panel on Elementary and Secondary Education authorized under section 1203 of this Act. (d) The Commission shall prepare and submit to the President and to the Congress not later than December 1, 1979, a report on the review and evaluation required by this section, together with such recommendations, including recommendations for legislation relating to the authorization of the program and funding for the program, as the Commission deems appropriate. PART B—PUBLIC LAW

Commission on the Review of the Federal Impact Aid Program. 20 USC 236 note.

Post, p. 2335. Report to President and Congress.

815

GENERAL EXTENSIONS OF PUBLIC LAW

815

SEC. 1021. (a) Sections 3 and 16 of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), are each amended by striking out "1978" and inserting in lieu thereof "1983".

20 USC 633, 646.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1032

 92 STAT. 2312 20 USC 645.

PUBLIC LAW 95-561—NOV. 1, 1978 (b) Section 15(16) of such Act is amended by striking out "19731974" and inserting in lieu thereof "1978-1979". DETERMINATIGX OF NUMBER OF CHILDREN

20 USC 635.

SEC. 1022. Section 5(a) of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), is amended by striking out paragraphs (1) and (2) and inserting in lieu thereof the following: "(1) the estimated increase, since the base year, in— "(A) the number of children determined with respect to such agency under section 3(a)(2) of the Act of September 30, 1950, multiplied by 100 per centum of the average per pupil cost of constructing minimum school facilities in the State in which the school district of such agency is situated; "(B) the number of children determined with respect to such agency under section 3(a)(1) and such Act multiplied by 90 per centum of such cost; "(2) the estimated increase, since the base year, in— "(A) the number of children determined with respect to such agency under section 3(b)(3) of such Act multiplied by 50 per centum of such cost; " (B) the number of children determined with respect to such agency under section 3(b)(1) of such Act multiplied by 45 per centum of such cost; and "(C) the number of children determined with respect to such agency under section 3(b)(2) of such Act multiplied by 40 per centum of such cost;". CONSTRUCTION

20 USC 640.

ARRANGEMENTS

SEC. 1023. Section 10(a) of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), is amended by inserting ", leasing, renovating, remodeling, or rehabilitating" after "arrangements for constructing" and after "this section for constructing". DISASTER ASSISTANCE

20 USC 646.

SEC. 1024. Section 16(a) of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), is amended by striking out the last sentence in the matter following paragraph (6). PART C—GENERAL PROVISIONS NORTHERN MARIANA ISLANDS

20 USC 238, 241, 244.

SEC. 1031. (a) The Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is further amended by inserting "the Northern Mariana Islands," immediately after "American Samoa," each place it appears in section 3(d)(3)(B) (iii), 3(d)(3)(C), 6(c), and 403(8). (b)(1) Section 10(a) of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), is amended by inserting "American Samoa, the Northern Mariana Islands," immediately after "Guam,". (2) Section 15 (13) of such Act is amended by inserting "the Northern Mariana Islands," immediately after "American Samoa,".

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Page:The Bobbsey Twins.djvu/140

126 but a few months, he could not be found anywhere.

"Snoop! Snoop!" called Freddie, upstairs and down, but the kitten did not answer, nor did he show himself. Then Flossie called him and made a search, but was equally unsuccessful.

"Perhaps somebody has stolen him," said Freddie soberly.

"Nobody been heah to steal dat kitten," answered Dinah. "He's jess sneaked off, dat's all."

All of the children had been invited to a party that afternoon and Nan was going to wear her new set of furs. After having her hair brushed, and putting on a white dress. Nan went to the closet in which her furs were kept in the big box.

"Well, I never!" she ejaculated. "Oh, Snoop! however could you do it!"

For there, curled up on the set of furs, was the kitten, purring as contentedly as could be. Never before had he found a bed so soft or so to his liking. But Nan made him rouse up in a hurry, and after that when she closed the

title: Page:The Bobbsey Twins.djvu/140


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Page:United States Statutes at Large Volume 92 Part 2.djvu/1033

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2313

EFFECTIVE DATE

SEC. 1032. This title shall be effective with respect to the 1979 fiscal 20 USC 237 note, year, and subsequent fiscal years, except that— (1) the amendments made by section 1006 shall be effective upon enactment of this Act, and actions of the Commissioner of Education under the Act of September 30, 1950 (Public Law 874, 20 USC 236. Eighty-first Congress), during or with respect to fiscal year 1978, shall be subject to the provisions of such amendments; (2) the amendments made by sections 1003, 1007, 1011, and 1012 shall be effective with respect to fiscal year 1980, and subsequent fiscal years; and (3) the provisions of section 1015 shall be effective upon enactment of this Act. TITLE XI—INDIAN EDUCATION PART A—ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES AMENDMENT TO PUBLIC LAW 8 74

SEC. 1101. (a) Effective with respect to fiscal years beginning on or after the date of enactment of this Act, section 3(d)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by adding at the end thereof the following new 20 USC 238. subparagraph: "(D) The amount of the entitlements of any local educational agency under this section for any fiscal year with respect to children who, while in attendance at such agency, resided on Indian lands, as described in clause (A) of section 403(1), shall be the amount determined under paragraph (1) with respect to such children for such fiscal year multiplied by 125 per centum.". (b) Effective with respect to fiscal years beginning on or after the Repeal, date of enactment of this Act, section 5(a)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is repealed and 20 USC 240. section 5(a)(1) of such Act is redesignated as section 5(a). (c) Effective with respect to fiscal years beginning on or after the date of enactment of this Act, section 5(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by inserting after paragraph (2) (as added by section 1005 of this Act) the following new paragraph: "(3)(A) Payments of entitlements under section 3(d)(2)(D) of this Act shall be made only to local educational agencies which have, within one year of the date of enactment of this paragraph, or when local educational agencies are formed after such date of enactment, within one year of their formation, established such policies and procedures with respect to information received from Indian parents and tribes as required by this paragraph and which have made assurances to the Commissioner, at such time and in such manner as shall be determined by regulation, that such policies and procedures have been established. The Commissioner shall have the authority to waive this one-year limit for good cause, and in writing to the tribes to be affected. "(B) Each local educational agency shall establish such policies and procedures as are necessary to insure that—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1034

 92 STAT. 2314 20 USC 238.

Written complaint.

Hearing.

PUBLIC LAW 95-561—NOV. 1, 1978 "(i) Indian children claimed under section 3(a) participate on an equal basis in the school program with all other children educated by the local educational agency; "(ii) applications, evaluations, and program plans are adequately disseminated to the tribes and parents of Indian children claimed under section 3(a); and "(iii) tribes and parents of Indian children claimed under section 3(a) are— " (I) afforded an opportunity to present their views with respect to the application, including the opportunity to make recommendations concerning the needs of their children and the ways by which they can assist their children in realizing the benefits to be derived from the educational programs assisted under this paragraph; " ( II) actively consulted and involved in the planning and development of programs assisted under this paragraph; and " ( III) afforded a general opportunity to present their overall views on the educational program, including the operation of such programs, and the degree of parental participation allowed. " (C)(i) Any tribe, or its designee, which has students in attendance ^^ ^ local educational agency may file a written complaint with the Commissioner regarding any action of a local educational agency taken pursuant to, or relevant to, the requirements of subparagraph (B) of this paragraph. "(ii) Within ten working days from receipt of the complaint, the Commissioner shall— " (I) designate a time and place for a hearing into the matters relating to the complaint at a location in close proximity to the local educational agency involved, or, if the Commissioner determines there is good cause, at some other location convenient to both the tribe, or its designee, and the local educational agency; "(II") designate a hearing examiner to conduct the hearing; and " ( III) notify the affected tribe or tribes and the local educational agency involved of the time, place, and nature of the hearing and send copies of the complaint to the local educational agency and the affectedtribe or tribes, "(iii) The hearing shall be held within thirty days of the designation of a hearing examiner and shall be open to the public. A record of the proceedings shall be established and maintained. "(iv) The complaining tribe, or its designee, and the local educational agency shall be entitled to present evidence on matters relevant to the complaint and to make recommendations concerning the appropriate remedial actions. Each party to the hearing shall bear only its own costs in the proceeding. "(v) Within thirty days of the completion of the hearing, the hearing examiner shall, on the basis of the record, make written findings of fact and recommendations concerning appropriate remedial actions (if any) which should be taken. The hearing examiner's findings and recommendations, along with the hearing record, shall be forwarded to the Commissioner. "(vi) Within thirty days of his receipt of the findings, recommendations, and record, the Commissioner shall, on the basis of the record, make a written determination of the appropriate remedial action, if

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1035

 PUBLIC LAW 95-561—NOV. 1, 1978 any, to be taken by the local educational agency, the schedule for completion of the remedial action, and the reasons for his decision. "(vii) Upon completion of his final determination, the Commissioner shall provide the complaining tribe, or its designee, and the local educational agency with copies of the hearing record, the hearing examiner's findings and recommendations, and the Commissioner's final determination. The final determination of the Commissioner shall be subject to judicial review. "(viii) In all actions under this subparagraph, the Commissioner shall have discretion to consolidate complaints involving the same tribe or local educational agency. "(D) If the local educational agency rejects the determination of the Commissioner, or if the remedy required is not undertaken within the time established and the Commissioner determines that an extension of the time established will not effectively encourage the remedy required, the Commissioner shall withhold payment of all moneys to which such local agency is entitled under section 3(d)(2)(D) until sitich time as the remedy required is undertaken, except where the complaining tribe or its designee formally re(|uests that such funds be released to the local educational agency: Provided., That the Commissioner may not withhold such moneys during the course of the school year if he determines that it would substantially disrupt the educational programs of the local educational agency. " (E) This paragraph is based upon the special relationship between the Indian nations and the United States and nothing in it shall be deemed to relieve any State of any duty with respect to any citizens of that State.". ' (d) "Within one year of the date of enactment of this Act, the Secretary, in cooperation with the Commissioner, shall propose and promulgate special regulations which will provide that where a local educational agency does not undertake the remedial action required by the Commissioner under section 5(b)(3)(C) (vi) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) and the Commissioner determines that an extension of time will not effectivelv encourage the remedy, the affected tribes may elect to contract with the Bureau under title I of the Indian Self-Determination and Education Assistance Act to provide educational services provided by the local educational agency or elect to have such services provided by a Bureau of Indian Affairs school. Such regulations shall also estal)lish procedures whereby the funding necessary to provide such educational services may be obtained, and establish such procedures as are necessary to insure orderly and expeditious transition in provision of educational services. (e) Effective with respect to fiscal years beginning on or after the date of the enactment of this Act, section 5(c)(2)(A) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as amended by section 1007 of this Act, is amended by redesignating divisions (ii) through (vi) as divisions (iii) through (vii), respectively, and by adding after division (i) the following new division: "(ii) to each local educational agency which provides free public education for children who reside on Indian land, as described in clause (A) of section 403(1), which equals 75 per centum of the amount to which such agency is entitled under section 3(d)(2) (D);".

92 STAT. 2315

20 USC 238.

Regulations. 20 USC 240 note,

20 USC 240.

25 USC 450f.

20 USC 244.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1036

 92 STAT. 2316

PUBLIC LAW 95-561—NOV. 1, 1978 F U X D IX G PROVISION

Publication in SEC. 1102. (a) The Secretary of the Interior shall develop altemaFederal Register, tive methods for the equitable distribution of any supplement pro25 USC 13 note, gram funds provided, pursuant to an appropriation under the Act of 25 USC 13. November 2, 1921, commonly referred to as the Snyder Act, for contracting under the Act of April 16, 1934, commonly referred to as the 25 USC 452 note. Johnson-O'Malley Act, and shall publish in the Federal Register by March 1, 1979, such alternatives for the purpose of allowing eligible Field survey. tribes to comment by May 1, 1979. At that time, the Secretary shall conduct a field survey listing all alternative formula. Formula, (b) By July 1, 1979, the Secretary shall establish and publish the publication in formula in the Federal Register which the majority of such tribes Federal Register, determine, but vote certified to the Secretary, to be most equitable and shall use such formula for purposes of distribution of the funds appropriated pursuant to such Act beginning on or after October 1, 1979. The Secretary shall, in accordance with procedures consistent with that prescribed herein, revise such formula periodically as necessary. BASIC EDUCATIONAL SUPPORT

25 USC 13 note.

'

25 USC 13-1. ^

SEC. 1103. (a)(1) From sums already appropriated under the Act of November 2, 1921 (25 U.S.C. 13) and notwithstanding any other provision of law or any requirement of a grant or agreement relating to the timing of payments for basic support contracts or grants under the A.ct of April 16, 1934 (25 U.S.C. 452-457), the Secretary of the Interior shall make payments of any unexpended funds obligated for basic support contracts or grants under such Act of November 2, 1921, for fiscal year 1978 to any school that has received notification from the Department of the Interior of the award of such a contract or grant. Such payments shall be made in accordance with any applicable condition of such contracts or grants other than conditions relating to the timing of payments. (2) The Secretary of the Interior shall make the payments referred to in paragraph (1) not later than thirty days after the date of the enactment of this Act. Saturdays, Sundays, and legal public holidays, as established by section 6103 of title 5, United States Code, shall not be considered as days for purposes of the preceding sentence. (b) Such sums as are needed under such Act of November 2, 1921, are authorized to be appropriated to provide funds for basic educational support through parent committees under such Act of April 16, 1934, to those public schools educating Indian students and whose total sum of Federal, State, and local funds is insufficient to bring the education of the enrolled Indian students to a level equal to the level of education provided non-Indian students in the public schools in which they are enrolled where the absence of such support would result in the closing of schools or the reduction in quality of the education program afforded Indian students attending public schools. PART B—BUREAU or

INDIAN AFFAIRS PROGRAMS

STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN I N BUREAU OP I N D I A N AFFAIRS SCHOOLS Studies and surveys.

25 USC 2001.

SEC. 1121. (a) The Secretary, in consultation with the Assistant Secretary of Health, Education, and Welfare for Education, and in

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1037

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2317

consultation with Indian organizations and tribes, shall carrj^ out or cause to be carried out by contract with an Indian organization such studies and surveys, making the fullest use possible of other existing studies, surveys, and plans, as are necessary to establish and revise standards for the basic education of Indian children attending Bureau schools and Indian controlled contract schools (hereinafter referred to as "contract schools"). Such studies and surveys shall take into account factors such as academic needs, local cultural differences, type and level of language skills, geographical isolation and appropriate teacher-student ratios for such children, and shall be directed toward the attainment of equal educational opportunity for such children. (b)(1) Within fifteen months of the date of enactment of this Act, Minimum the Secretary shall propose minimum academic standards for the basic academic education of Indian children, and shall distribute such proposed stand- standards. in ards to the tribes and publish such proposed standards in the Federal Publication Federal Register. Register for the purpose of receiving comments from the tribes and other interested parties. Within eighteen months of the date of enactment of this Act. the Secretary shall establish final standards, distribute such standards to all the tribes and publish such standards in the Federal Register. The Secretary shall revise such standards periodically as necessary. Prior to any revision of such standards, the Secretary shall distribute such proposed revision to all the tribes, and publish such proposed revision in the Federal Register, for the purpose of receiving comments from the tribes and other interested parties. (2) Such standards shall apply to Bureau schools, and subject to subsection (e), to contract schools, and may also serve as a model for educational programs for Indian children in public schools. In establishing and revising such standards, the Secretary shall take into account the special needs of Indian students and the support and reinforcement of the specific cultural heritage of each tribe. (c) The Secretary shall provide alternative or modified standards in lieu of the standards established under subsection (b), where necessary, so that the programs of each school shall be in compliance with the minimum standards required for accreditation of schools in the State where the school is located. (d) A tribal governing body, or the local school board if so desig- Waiver, nated by the tribal governing body, shall have the local authority to waive, in part or in whole, the standards established under subsections (b) and (c), where such standards are deemed by such body to be inappropriate or ill-conceived, and shall also have the authority to revise such standards to take into account the specific needs of the tribe's children. Such revised standards shall be established by the Secretary unless specifically rejected 'by the Secretary for good cause and in writing to the affected tribes or local school board, which rejection shall be final and unreviewable. (e) The Secretary, through contracting procedures, shall assist school boards of contract schools in the implementation of the standards established under subsection (b) and (c), if the school boards request that such standards, in part or in whole, be implemented. The Secretary shall not refuse to enter into a contract with respect to any contract school on the basis of failure to meet such standards. At the request of a contract school board, the Secretary shall provide alternative or modified standards for the standards established under subsections (b) and (c) to take into account the needs of the Indian children and the contract school.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1038

 92 STAT. 2318

Plan, submittal to congressional committees.

Appropriation authorization.

PUBLIC LAW 95-561—NOV. 1, 1978 (f) Subject to subsections (d) and (e), the Secretary shall begin to implement the standards established under this section immediately upon the date of their establishment. Within one year of such date, and at each time thereafter that the annual budget request for Bureau educational services is presented, the Secretary shall submit to the appropriate committees of Congress a detailed plan to bring all Bureau and contract schools up to the level required by the applicable standards established under this section. Such plan shall include, but not be limited to, detailed information on the status of each school's educational program in relation to the applicable standards established under this section, specific cost estimates for meeting such standards at each school, and specific time lines for bringing each school up to the level required by such standards. (g) There are hereby authorized to be appropriated such sums as may be necessary, for academic program costs, in order to bring all Bureau and contract schools up to the level required by the applicable standards established under this section. NATIONAL CRITERIA FOR DORMITORY SITUATIONS

Boarding costs, study.

25 USC 2002.

Distributions to tribes and publication in Federal Register.

Plan, submittal to congressional committees.

Appropriation authorization.

SEC. 1122. (a) The Secretary, in consultation with the Assistant Secretary for Health, Education, and Welfare for Education, and in consultation with Indian organizations and tribes, shall conduct or cause to be conducted by contract with an Indian organization, a study of the costs applicable to boarding arrangements for Indian students provided in Bureau and contract schools, for the purpose of establishing national criterial for such dormitory situations. Such criteria shall include adult-child ratios, needs for counselors (including special needs related to off-reservation boarding arrangements), space, and privacy. (b) Within fifteen months of the date of enactment of this Act, the Secretary shall propose such criteria, and shall distribute such proposed criteria to the tribes and publish such proposed criteria in the Federal Register for the purpose of receiving comments from the tribes and other interested parties. Within eighteen months of the date of enactment of this Act, the Secretary shall establish final criteria, distribute such criteria to all the tribes, and publish such criteria in the Federal Register. The Secretary shall revise such criteria periodically as necessary. Prior to any revision of such criteria, the Secretary shall distribute such proposed revision to all the tribes, and publish such proposed revision in the Federal Register, for the purpose of receiving comments from the tribes and other interested parties. (c) The Secretary shall begin to implement the criteria established under this section immediately upon the date of their establishment. Within one year of such date, and at each time thereafter that the annual budget request for Bureau educational services is presented, the Secretary shall submit to the appropriate committees of Congress a detailed plan to bring all Bureau and contract boarding schools up to the criteria established under this section. Such plan shall include, but not be limited to, predictions for the relative need for each boarding school in the future, detailed information on the status of each school in relation to the criteria established under this section, specific cost estimates for meeting such criteria at each school, and specific time lines for bringing each school up to the level required by such criteria. (d) There are hereby authorized to be appropriated such sums as may he necessary in order to bring each school up to the level required by the criteria established under this section.

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1039

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2319

REGULATIONS

SEC. 1123. The Secretary shall establish such regulations as are 25 USC 2003. necessary to carry out sections 1121 and 1122 within eighteen months after the date of enactment of this Act. STUDIES

SEC. 1124. There are hereby authorized to be appropriated no more than $1,000,000 to carry out the studies conducted under section 1121 (a) and section 1122(a). FACILITIES

Appropriations, limitation. 25 USC 2004.

CONSTRUCTION

SEC. 1125. (a) The Secretary shall immediately begin to bring all schools, dormitories, and other facilities operated by the Bureau or under contract with the Bureau in connection with the education of Indian children into compliance with all applicable Federal, tribal, or State health and safety standards, whichever provide greater protection (except that the tribal standards to be applied shall be no greater than any otherwise applicable Federal or State standards), and with section 504 of the Rehabilitation Act of 1973 (29 U.S.C 794), except that nothing in this section shall require termination of the operations of any facility which does not comply with such provisions and which is in use on the date of enactment of this Act. (b) Within one year of the date of enactment of this Act, and at each time thereafter that the annual budget request for Bureau educational services is presented, the Secretary shall submit to the appropriate committees of Congress a detailed plan to bring such facilities into compliance with such standards. Such plan shall include, but not be limited to, detailed information on the status of each facility's compliance with such standards, specific cost estimates for meeting such standards at each school, and specific time lines for bringing each school into compliance with such standards. (c) Within six months of the date of enactment of this Act, the Secretary shall submit to the appropriate committees of Congress, and publish in the Federal Register, the system used to establish priorities for school construction projects. At the time any budget request for school construction is presented, the Secretary shall publish in the Federal Register and submit with the budget request the current list of all school construction priorities. (d) There arc hereby authorized to be appropriated such sums as may be necessary to carry out subsection (a).

25 USC 2005.

Plan, submittal to congressional committees.

Priorities, submittals to congressional committees and publications in Federal Register. Appropriation authorization.

BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS

SEC. 1126. (a) The Secretary shall vest in the Assistant Secretary for Indian Affairs all functions with respect to formulation and establishment of policy and procedure, and supervision of programs and expenditures of Federal funds for the purpose of Indian education administered by the Bureau. The Assistant Secretary shall carry out such functions through the Director of the Office of Indian Education Programs within the Bureau (hereinafter referred to as the "Office"), which shall be governed by the provisions of this Act, any other provision of law to the contrary notwithstanding. (b) The Director of the Office shall direct and supervise the operations of all personnel directly and substantially involved with provision of education services by the Bureau. The Assistant Secre-

25 USC 2006.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1040

 92 STAT. 2320

PUBLIC LAW 95-561—NOV. 1, 1978 tary for Indian Affairs shall provide for the adequate coordination between the affected Bureau offices and the Office in order to facilitate the expeditious consideration of all contract functions relating to education. Nothing in this Act shall be construed to require the provision of separate support services for Indian education. (c) Education personnel located in Bureau agencies, who are under the direction and supervision of the Director of the Office in accordance with the first sentence of subsection (b), shall— (1) monitor and evaluate Bureau education programs, and (2) provide technical and coordinating assistance in areas such as procurement, contracting, budgeting, personnel, and curriculum. However, in the case of boarding schools located off reservation operated by the Bureau, education personnel located in area offices of the Bureau shall provide such services, under the direction and supervision of the Director of the Office. (d) For the purpose of this section the term "functions" includes powers and duties.

'Functions.

IMPLP:MENTATION

Publication in Federal Register, 25 USC 2007.

SEC. 1127. Within six months after the date of enactment of this ^ c t, the Secretary shall establish and publish in the Federal Kegister i]^Q policies and procedures which are necessary to implement the transfer of functions made under section 1126. ALLOTMENT EORMULA

Regulation. 25 USC 2008.

,

SEC. 1128. (a) The Secretary shall establish, by regulation adopted in accordance with section 1138, a formula for determining the minimum annual amount of funds necessary to sustain each Bureau or contract school. In establishing such formula, the Secretary shall consider—• (1) the number of Indian students served and size of the school; (2) special cost factors, such as— (A) isolation of the school; (B) need for special staffing, transportation, or educational programs; (C) food and housing costs; (D) overhead costs associated with administering contracted education functions; and • '• (E) maintenance and repair costs associated with the physical condition of the educational facilities; (3) the cost of providing academic services which are at least equivalent to those provided by public schools in the State in ,,. which the school is located; (4) the cost of bringing the school up to the level of the standards established under sections 1121 and 1122; and (5) such other relevant factors as the Secretary determines are appropriate. (b) Notwithstanding any other provisions of law, Federal funds appropriated for the general local operation of Bureau and contract schools, shall be allotted pro rata in accordance with the formula established under subsection (a), except that, in the case of any such school which is located in a school district of a local educational agency which receives from Federal funds under other provisions of law an

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1041

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2321

average payment per Indian child attending such school in that district which is higher than the amount which would be received by such Bureau or contract school under such formula for each Indian child attending such school, the payment to be received by that school under this section for each such child shall be equal to such average payment for an Indian child in public school in that district. (c) Notwithstanding subsection (b), the Secretary shall provide funds for the general local operation of Bureau and contract schools where necessitated by cases of emergencies or unforeseen contingencies not otherwise provided for under subsection (a). Whenever the Secretary makes funds available under this subsection, the Secretary shall report such action to the appropriate committees of Congress.

Funds, provision.

Report to

UNIFORM DIRECT FUNDING AND SUPPORT

SEC. 1129. (a) Within six months after the date of enactment of this Act, the Secretary shall establish, by regulation adopted in accordance with section 1138, a system for the direct funding and support of all Bureau and contract schools. Such system shall allot funds, in accordance with section 1128, and shall provide each affected school with notification of its approximate allotment not later than the end of the school year preceding the year for which the allotment is to be made. (b) In the case of all Bureau schools, allotted funds shall be expended on the basis of local financial plans which shall be prepared by the local school supervisor in active consultation with the local school board for each school, and the local school board for each school shall have the authority to ratify, reject, or amend such financial plan, and expenditures thereunder, and, on its own determination or in response to the supervisor of the school, to revise such financial plan to meet needs not foreseen at the time of preparation of the financial plan. The supervisor of the school may appeal any such action by the local school board to the superintendent for education of the Bureau agency, and the superintendent may, for good cause and in writing to the local school board, overturn the action of the local school board. (c) Funds for self-determination grants under section 104(a)(2) of the Indian Self-Determination and Education Assistance Act shall not be used for providing technical assistance and training in the field of education by the Bureau unless such services are provided in accordance with a plan, agreed to by the tribe or tribes affected and the Bureau, under which control of education programs is intended to be transferred to such tribe or tribes within a specific period of time negotiated under such agreement. (d) In the exercise of its authority under this section, a local school board may request technical assistance and training from the Secretary, and he shall, to the greatest extent possible, provide such services, and make appropriate provisions in the budget of the Office for such services.

Regulation. 25 USC 2009.

Local financial plans.

Appeals,

25 USC 450h.

POLICY FOR I N D I A N CONTROL OF I N D I A N EDUCATION

SEC. 1130. I t shall be the policy of the Bureau, in carrying out the 25 USC 2010. functions of the Bureau, to facilitate Indian control of Indian affairs in all matters relating to education.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1042

 92 STAT. 2322

PUBLIC LAW 95-561—NOV. 1, 1978 lailiCATION

PERSONNEL

25 USC 2011. SEC. 1131. (a)(1) Chapter 51, subchapter III of chapter 53, and 5 USC 5101 et chapter 63 of title 5, United States Code, relating to leave, pay, and seq., 5301, 6301 classification, and the sections relating to the appointment, promotion

et seq.

Regulations.

Educator qualifications, requirements.

Educator appointments, requirements.

and removal of civil service employees, shall not apply to educators or to education positions (as defined in subsection (n)). (2) Paragraph (1) shall take effect one year after the date of enactment of this Act. (b) Not later than the effective date of subsection (a)(2), the Secretary shall prescribe regulations to carry out this section. Such regulations shall govern—• (1) the establishment of education positions, (2) the establishment of qualifications for educators, (3) the fixing of basic compensation for educators and education positions, ^4) the appointment of educators, (5) the discharge of educators, (6) the entitlement of educators to compensation, (7) the payment of compensation to educators, ^ 8) the conditions of employment of educators, (9) the length of the school year applicable to education positions described in subsection (n)(1)(A), , (10) the leave system for educators, and (11) such other matters as may be appropriate. (c)(1) In prescribing regulations to govern the qualifications of educators, the Secretary shall require— (A)(i) that lists of qualified and interviewed applicants for education positions be maintained in each agency and area office of the Bureau from among individuals who have applied at the agency or area level for an education position or who have applied at the national level and have indicated in such application an interest in working in certain areas or agencies; and (ii) that a list of qualified and interviewed applicants for education positions be maintained in the Office from among individuals who have applied at the national level for an education position and who have expressed interest in working in an education position anywhere in the United States; (B) that a local school board shall have the authority to waive on a case-by-case basis, any formal education or degree qualifications established by regulation pursuant to subsection (b)(2), in order for a tribal member to be hired in an education position to teach courses on tribal culture and language and that subject to subsection (d)(2)(A), a determination by a school board that such a person be hired shall be followed by the supervisor; and (C) that it shall not be a prerequisite to the employment of an individual in an education position at the local level that such individual's name appear on the national list maintained pursuant to subsection (c)(1)(A) (ii) or that such individual has applied at the national level for an education position. (2) The Secretary may authorize the temporary employment in an education position of an individual who has not met the certification standards established pursuant to regulations, if the Secretary determines that failure to do so would result in that position remaining vacant. (d)(1) In prescribing regulations to govern the appointment of educators, the Secretary shall require—

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Page:United States Statutes at Large Volume 92 Part 2.djvu/1043

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2323

(A)(i) that educators employed in a school (other than the supervisor of the school) shall be hired by the supervisor of the school unless there are no qualified applicants available, in which case the vacant position shall be filed at the national level from the list maintained pursuant to subsection (c)(l)(A) ( i i). (ii) each school supervisor shall be hired by the superintendent for education of the agency office of the Bureau in which the school is located, and (iii) educators employed in an agency office of the Bureau shall be hired by the superintendent for education of the agency office; (B) that before an individual is employed in an education position in a scliool by the supervisor of a school (or, with respect to the position of supervisor, by the appropriate agency superintendent for education), the local school board for the scliool shall be consulted, and that subject to subsection (d)(2), a determination by the school board that such individual should or should not be so employed shall be followed by the supervisor (or with respect to the position of supervisor, by the agency superintendent for education); and (C) that before an individual may be employed in an education position at the agency level, the appropriate agency school board shall be consulted, and that, subject to subsection (d)(3), a determination by such school board that such individual should or should not be employed shall be followed by the agency superintendent for education. (2)(A) The supervisor of a school may appeal to the appropriate agency superintendent for education any determination by the local school board for the school that an individual be employed, or not be employed, in an education position in the school other than that of supervisor. Upon such an appeal, the agency superintendent for education may, for good cause and in writing to the local school board, overturn the determination of the local school board with respect to the employment of such individual. (B) The superintendent for education of an agency office of the Bureau may appeal to the Director of the Office any determination by the local school board for a school that an individual be employed, or not be employed, as the supervisor of the school. Upon such an appeal, the Director of the Office may, for good cause and in writing to the local scliool board, overturn the determination of the local school board with respect to the employment of such individual. (3) The superintendent for education of an agency office of the Bureau may appeal to the Director of the Office any determination by the agency school board that an individual be employed, or not be employed, in an education position in such agency office. Upon such an appeal, the Director of the Office may, for good cause and in writing to the agency school board, overturn the determination of the agency school board with respect to the employment of such individual. (4) Any individual who applies at the local level for an education position shall state on such individual's application whether or not such individual has applied at the national level for an education position in the Bureau. If such individual is employed at the local level, such individual's name shall immediately be forwarded to the Secretary, who shall, as soon as possible but in no event in more than thirty days, ascertain the accuracy of the statement made by such individual pursuant to the first sentence of this subparagraph. If the individual's statement is found to have been false, such individual, at the Secretary's discretion, may be disciplined or discharged. If the indi-

Appeals,

Education position application statement.

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1044

 92 STAT. 2324

Educator discharge and employment requirements.

Notification.

Appeal.

Recommendations.

Waiver.

Definitions.

PUBLIC LAW 95-561—NOV. 1, 1978 vidual had applied at the national level for an education position in the Bureau, if the appointment of such individual at the local level shall be conditional for a period of ninety days, during which period the Secretary may appoint a more qualified individual (as determined by the Secretary) from the list maintained at the national level pursuant to subsection (c)(1)(A) (ii) to the position to which such individual was appointed. (5) Except as expressly provided, nothing in this section shall be construed as conferring upon local school boards, authority over, or control of, educators. (e)(1) I n prescribing regulations to govern the discharge and conditions of employment of educators, the Secretary shall require— ( ^) (^ha^ procedures be established for the rapid and equitable resolution of grievances of educators; (B) that no educator may be discharged without notice of the reasons therefor and opportunity for a hearing under procedures that comport with the requirements of due process; and (C) educators employed in Bureau schools shall be notified sixty days prior to the end of the school year whether their employment contract will be renewed for the coming year. (2) The supervisor of a Bureau school may discharge (subject to procedures established under paragraph (1)(B)) for cause (as determined under regulations prescribed by the Secretary) any educator employed in such school. Upon giving notice of proposed discharge to an educator, the supervisor involved shall immediately notify the local school board for the school of such action. A determination by the local school board that such educator shall not be discharged shall be followed by the supervisor. The supervisor shall have the right to appeal such action to the superintendent for education of the appropriate agency office of the Bureau. Upon such an appeal, the agency superintendent for education may, for good cause and in writing to the local school board, overturn the determination of the local school board with respect to the employment of such individual. (3) Each local school board for a Bureau school shall have the right (A) to recommend to the supervisor of such school that an educator employed in the school be discharged, and (B) to recommend to the superintendent of education of the appropriate agency office of the Bureau and to the Director of the Office, that the supervisor of the school be discharged. (f)(1) Notwithstanding any provision of the Indian preference laws, such laws shall not apply in the case of any personnel action within the purview of this section respecting an employee not entitled to Indian preference if each tribal organization concerned grants, in writing, a waiver of the application of such, laws with respect to such personnel action, where such a waiver is in writing deemed to be a necessity by the tribal organization, except that this shall in no way relieve the Bureau of its responsibility to issue timely and adequate announcements and advertisements concerning any such personnel action if it is intended to fill a vacancy (no matter how such vacancy is created). (2) For purposes of this subsection, the term "tribal organization" means— (A) the recognized governing body of any Indian tribe, band, nation, pueblo, or other organized community, including a Native village (as defined in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1 6 0 2 (c); 85 Stat. 6 8 8); or

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Page:The Bobbsey Twins.djvu/141

Rh closet she made quite sure that Snoop was not inside.

The party to be held that afternoon was at the home of Grace Lavine, the little girl who had fainted from so much rope jumping. Grace was over that attack, and was now quite certain that when her mamma told her to do a thing or to leave it alone, it was always for her own good.

"Mamma knows best," she said to Nan, "I didn't think so then, but I do now."

The party was a grand affair and over thirty young people were present, all dressed in their best. They played all sorts of games such as many of my readers must already know, and then some new games which the big boys and girls introduced.

One game was called Hunt the Beans. A handful of dried beans was hidden all over the rooms, in out-of-the-way corners, behind the piano, in vases, and like that, and at the signal to start every girl and boy started to pick up as many as could be found. The search lasted just five minutes, and at the end of that time the one having the most beans won the game.

title: Page:The Bobbsey Twins.djvu/141


text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1045

 PUBLIC LAW 95-561—NOV. 1, 1978

92 STAT. 2325

(B) in connection with any personnel action referred to in this subsection, any local school board as defined in section 1139, and which has been delegated by such governing body the authority to grant a waiver under such subsection with respect to such personnel action. (3) The term "Indian preference laws" means section 12 of the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any other provision of law granting a preference to Indians in promotions and other personnel actions, except that such term shall not be considered to include section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e(b); 88 Stat. 2295). (g) Subject to the authority of the Civil Service Commission to determine finally the applicability of chapter 51 of title 5, United States Code, to specific positions and employees in the executive branch, the Secretary shall determine in accordance with subsection (a)(1) the applicability or inapplicability of such chapter to positions and employees in the Bureau. (^li)(l) The Secretary shall fix the basic compensation or annual salary rate for educators and education positions at rates comparable to the rates in effect under the General Schedule for individuals with comparable qualifications, and holding comparable positions, to whom chapter 51 is applicable. (2) Each educator employed in an education position in Alaska shall be paid a cost-of-living allowance equal to 25 per centum of the rate of basic compensation to which such educator is entitled. (3) The Secretary may pay a postdifferential not to exceed 25 per centum of the rate of basic compensation, on the basis of conditions of environment or work which warrant additional pay as a recruitment and retention incentive. (i) Any individual— (1) who on the date of enactment of this Act is holding a position which is determined under subsection (f) to be an education position and who elects under subsection (o)(2) to be covered under the provisions of this section, or (2) who is an employee of the Federal Government or the municipal government of the District of Columbia and is transferred, promoted, or reappointed, without break in service, from a position under a different leave system to an education position, shall be credited for the purposes of the leave system provided under regulations prescribed pursuant to subsection (b) (10), with the annual and sick leave to his credit immediately before the effective date of such election, transfer, promotion, or reappointment. (j) Upon termination of employment with the Bureau, any annual leave remaining to the credit of an individual within the purview of this section shall be liquidated in accordance with sections 5551(a) and 6306 of title 5, United States Code, except that leave earned or accrued under regulations prescribed pursuant to subsection (b) (10) shall not be so liquidated. (k) In the case of any educator who is transferred, promoted, or reappointed, without break in service, to a position in the Federal Government under a different leave system, any remaining leave to the credit of such person earned or credited under the regulations jDrescribed pursuant to subsection (b) (10) shall be transferred to his credit in the employing agency on an adjusted basis in accordance with regulations which shall be prescribed by the Civil Service Commission. (1) An educator who voluntarily terminates employment with the Bureau before the expiration of the existing employment contract

5 USC 5101 et 5 USC 5332 note,
 * 9Compensation,

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text:
Page:United States Statutes at Large Volume 92 Part 2.djvu/1046

 92 STAT. 2326

PUBLIC LAW 95-561—NOV. 1, 1978

,

Definitions.

•.

,'

between such educator and the Bureau shall not be eligible to be employed in another education position in the Bureau during the remainder of the term of such contract. (m) In the case of any educator employed in an education position described in subsection (n)(1)(A) who— (1) is employed at the close of a school year, (2) agrees in writing to serve in such a position for the next school year, and (3) IS employed in another position during the recess period immediately preceding such next school year, or during such recess period receives additional compensation referred to in subsection (g)(2) or (g)(3), section 5533 of title 5, United States Code, relating to dual compensation, shall not apply to such educator by reason of any such employment during a recess period for any such receipt of additional compensation. (n) For the purpose of this section— (1) The term "education position" means a position in the .. Bureau the duties and responsibilities of which— (A) are performed on a school-year basis principally in a Bureau school and involve— (i) classroom or other instruction or the supervision or direction of classroom or other instruction; (ii) any activity (other than teaching) which requires academic credits in educational theory and practice equal to the academic credits in educational theory and practice required for a bachelor's degree in education from an accredited institution of higher education; or (iii) any activity in or related to the field of education notwithstanding that academic credits in educational theory and practice are not a formal requirement for the conduct of such activity; or (B) are performed at the agency level of the Bureau and I. involve the implementation of education-related programs other than the position of agency superintendent for education. (2) The term "educator" means an individual whose services are required, or who is employed, in an education position. (o)(1) This section shall apply with respect to any individual hired after the effective date of subsection (a)(2) for employment in an education position and to the position in which such individual is employed. Subject to paragraph (2), the enactment of this Act shall not affect the continued employment of any individual employed immediately before the effective date of subsection (a)(2) in an education position, or such individual's right to receive the compensation attached to such position. (2) Any individual employed in an education position immediately before the effective date of subsection (a)(2) may, within five years of the date of enactment of this Act, make an irrevocable election to be covered under the provisions of this section. MANAGEMENT INFORMATION SYSTEM

Establishment.

25 USC 2012.

SEC. 1132. The Secretary shall establish within the Bureau, within one year after the date of the enactment of this Act, a computerized management information system, which shall provide information to all agency and area offices of the Bureau, and to the Office. Such information shall include but shall not be limited to— (1) student enrollment;

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