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20 USC 1715.

[88 STAT.

LINES

SEC. 216. I n the formulation of remedies under section 213 or 214 of this part the lines drawn by a State, subdividing its territory into separate school districts, shall not be ignored or altered except where it is established that the lines were drawn for the purpose, and had the effect, of segregating children among public schools on the basis of race, color, sex, or national origin. VOLUNTARY ADOPTION OF REMEDIES

20 USC 1716.

gj,(^. 217. Nothing in this part prohibits an educational agency from proposing, adopting, requiring, or implementing any plan of desegregation, otherwise lawful, that is at variance with the standards set out in this part nor shall any court, department, or agency of the United States be prohibited from approving implementation of a plan which goes beyond what can be required under this part, if such plan is voluntarily proposed by the appropriate educational agency. R E O P E N I N G PROCEEDINGS

20 USC 1717.

42 USC 2oood.

gjjc. 218. A parent or guardian of a child, or parents or guardians of children similarly situated, transported to a public school in accordance with a court order, or an educational agency subject to a court order or a desegregation plan under title VI of the Civil Rights j^Q^ Qf iQQ^ jj^ effect on the date of the enactment of this part and intended to end segregation of students on the basis of race, color, or national origin, may seek to reopen or intervene in the further implementation of such court order, currently in effect, if the time or distance of travel is so great as to risk the health of the student or significantly impinge on his or her educational process. L I M I T A T I O N ON ORDERS

20 USC 1718.

gj,(.^ 219. Any court order requiring, directly or indirectly, the transportation of students for the purpose of remedying a denial of the equal protection of the laws may, to the extent of such transportation, be terminated if the court finds the defendant educational agency has satisfied the requirements of the fifth or fourteenth amendments to the Constitution, whichever is applicable, and will continue to be in compliance with the requirements thereof. The court of initial jurisdiction shall state in its order the basis for any decision to terminate an order pursuant to this section, and the termination of any order pursuant to this section shall be stayed pending a final appeal or, in the event no appeal is taken, until the time for any such appeal has expired. No additional order requiring such educational agency to transport students for such purpose shall be entered unless such agency is found not to have satisfied the requirements of the fifth or fourteenth amendments to the Constitution, whichever is applicable. Subpart 5—Definitions

20 USC 1720. 20 USC 881.

gEc. 221. For the purposes of this part— (a) The term "educational agency" means a local educational agency or a "State educational agency" as defined by section 801(k) fyf Yie Elementary and Secondary Education Act of 1965. (b) The term "local educational agency" means a local educational agency as defined by section 801(f) of the Elementary and Secondary Education Act of 1965.

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(c) The term "segregation" means the operation of a school system in which students are wholly or substantially separated among the schools of an educational agency on the basis of race, color, sex, or national origin or within a school on the basis of race, color, or national origin. (d) The term "desegregation" means desegregation as defined by section 401(b) of the Civil Rights Acts of 1964. (e) An educational agency shall be deemed to transport a student if any part of the cost of such student's transportation is paid by such agency. Subpart 6—Miscellaneous Provisions

519

42 USC 2000c.

REPEALER

SEC. 222. Section 709(a)(3) of the Emergency School Aid Act is hereby repealed.

fo^ugc 16O8.

SEPARABILITY OF PROVISIONS

SEC. 223. If any provision of this part or of any amendment made by this part, or the application of any such provision to any person or circumstance, is held invalid, the remainder of the provisions of this part and of the amendments made by this part and the application of such provision to other persons or circumstances shall not be affected thereby.

^° "^^ ^^^' •

PART B — OTHER PROVISIONS RELATING TO THE ASSIGNMENT AND TRANSPORTATION OF STUDENTS PROHIBITION AGAINST ASSIGNMENT OR TRANSPORTATION OF STUDENTS TO OVERCOME RACIAL IMBALANCE

SEC. 251. No provision of this Act shall be construed to require the assignment or transportation of students or teachers in order to overcome racial imbalance.

^° ^^'^ ^^^^'

PROHIBITION AGAINST USE OF APPROPRIATED FUNDS FOR BUSING

SEC. 252. Part B of the General Education Provisions Act, as amended by title V of this Act, is amended by adding at the end thereof the following new section:

^°«'» P- sse.

PROHIBITION AGAINST USE OF APPROPRIATED I-TTNDS FOR BUSING

"SEC. 420. No funds appropriated for the purpose of carrying out any applicable program may be used for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to overcome racial imbalance in any school or school system, or for the transportation of students or teachers (or for the purchase of equipment for such transportation) in order to carry out a plan of racial desegregation of any school or school system, except for funds appropriated pursuant to title I of the Act of September 30, 1950 (P.L. 874, 81st Congress), but not including any portion of such funds as are attributable to children counted under subparagraph (C) of section 3(d)(2) or section 403(1)(C) of that Act."

20 USC 1228.

20 USC 236. Post. p. 523. 20 USC 244.

PROVISION RELATING TO COURT APPEALS

SEC. 253. Notwithstanding any other law or provision of law, in the case of any order on the part of any United States district court which requires the transfer or transportation of any student or students from

^° "^^ ^^^2*

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[88 STAT.

any school attendance area prescribed, by competent State or local authority for the purposes of achieving a balance among students with respect to race, sex, religion, or socioeconomic status, the effectiveness of such order shall be postponed until all appeals in connection with such order have been exhausted or, in the event no appeals are taken, until the time for such appeals has expired. This section shall expire at midnight on June 30, 1978. PROVISION R E Q U I R I N G T H A T RULES OF EVir>EN(^E BE UNIFORM

20 USC 17S3.

ggQ 254. The rules of evidence required to prove that State or local authorities are practicing racial discrimination in assigning students to public schools shall be uniform throughout the United States. APPLICATION OF PROVISO OF SECTION 4 0 7 (a) OF THE CIVIL R I G H T S ACT OF 19G4 TO THE E N T I R E UNITED STATES

20 USC 1754. gj,^^ 255. The proviso of section 407(a) of the Civil Rights Act of 42use2oooc.6. ^9(54 providing in substance that no court or official of the United States shall be empowered to issue any order seeking to achieve a racial balance in any school by requiring the transportation of pupils or students from one school to another or one school district to another in order to achieve such racial balance, or otherwise enlarge the existing power of the court to insure compliance with constitutional standards shall apply to all public school pupils and to every public school system, public school and public school board, as defined by title IV, under all circumstances and conditions and at all times in every State, district, territory, Commonwealth, or possession of the United States, regardless of whether the residence of such public school pupils or the principal offices of such public school system, public school or public school board is situated in the northern, eastern, western, or southern part of the United States. ADDITIONAL PRIORITY OF

20 USC 1755.

REMEDIES

gj,(. 256. Notwithstanding any other provision of law, after June 30, 1974 no court of the United States shall order the implementation of any plan to remedy a finding of de jure segregation which involves the transportation of students, unless the court first finds that all alternative remedies are inadequate. REMEDIES W I T H RESPECT TO SCHOOL DISTRICT L I N E S

20 USC 1756.

gj,(.^ 257. In the formulation of remedies under this title the lines drawn by a State subdividing its territory into separate school districts, shall not be ignored or altered except where it is established that the lines were drawn, or maintained or crossed for the purpose, and had the effect of segregating children among public schools on the basis of race, color, sex, or national origin, or where it is established that, as a result of discriminatory actions within the school districts, the lines have had the eft'ect of segregating children among public schools on the basis of race, color, sex, or national origin. P R O H I B I T I O N OF FORCED B U S I N G DURING SCHOOL YEAR

20 USC 1757.

gEC. 258. (a) The Congress finds that— (1) the forced transportation of elementary and secondary school students in implementation of the constitutional requirement for the desegregation of such schools is controversial and difficult under the best planning and administration; and

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Rh one set is religious and the other not. It is hard to say, too, that one was afore or after other. In the evolution of the mysteries, what Mr. Lang calls the myths may, for aught we know, have long preceded the appearance of what he calls religion. I do not say that they did, I simply put the possibility. But if they did, what becomes of Mr. Lang's hypothesis, even as revised by Professor Starr, that "among man's earliest conceptions" is the set of ideas qualified by Mr. Lang as "religious." It is no part of my argument to deny that man had upreaching desires, and longings which expressed themselves more or less definitely (but rather less than more) in what Mr. Lang calls "religious beliefs." What I deny is that they were more truly beliefs, or more religious, than what Mr. Lang calls myths. In his use of the word myths he illustrates the inconsistency of civilised man. Replying to me, he appears, in one place at least (see p. 15), to confine the meaning of the word to "obscene or humorous tales." Even then, I doubt whether myths are the result of "indulging" man's "fancy for fiction"—tales told consciously for amusement without any hold on serious belief. Some of them, perhaps, are; many of them certainly are not. In the passage he quotes just before from Myth, Ritual, and Religion, however, he seems to include other elements, notably "the irrational," which is not necessarily either obscene or humorous. And in The Making of Religion he speaks of the story about Mungan-ngaur's relation to the Kurnai as a myth—at least by implication, for he refers to "the opposite myth, of making or creating." Now Mungan-ngaur's relation to the Kurnai is precisely what Mr. Lang designates religion. Well may I ask: Where is the distinction?

Recognising, then, the co-existence of inconsistent beliefs, I find no difficulty in accepting both myths of Daramulun: that he died, and that he is "an anthropomorphic supernatural being," as part of the beliefs of the same tribes. I need hardly say that I never meant to suggest that Daramulun was literally the ghost of a man, but only that on the principle


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(2) the forced transportation of elementary and secondary school students after the commencement of an academic school year is educationally unsound and administratively inefficient. (b) Notwithstanding any other provisions of law, no order of a court, department, or agency of the United States, requiring the transportation of any student incident to the transfer of that student from one elementary or secondary school to another such school in a local educational agency pursuant to a plan requiring such transportation for the racial desegregation of any school in that agency, shall be effective until the beginning of an academic school year. (c) For the purpose of this section, the term "academic school year" means, pursuant to regulations promulgated by the Commissioner, the customary beginning of classes for the school year at an elementary or secondary school of a local educational agency for a school year that occurs not more often than once in any twelve-month period. (d) The provisions of this section apply to any order which was not implemented at the beginnning of the 1974-1975 academic year.

521

"Academic school year, "

REASONABLE T I M E FOR DEVELOPING VOLUNTARY P L A N FOR DESEGREGATING SCHOOLS

SEC. 259. Notwithstanding any other law or provision of law, no court or officer of the United States shall enter, as a remedy for a denial of equal educational opportunity or a denial of equal protection of the laws, any order for enforcement of a plan of desegregation or modification of a court-approved plan, until such time as the local educational agency to be affected by such order has been provided notice of the details of the violation and given a reasonable opportunity to develop a voluntary remedial plan. Such time shall permit the local educational agency sufficient opportunity for community participation in the development of a remedial plan.

20 USC 1758.

TITLE III—FEDERAL IMPACT AID PEOGRAMS

' '

DURATION o r P A Y M E N T S UNDER P U B L I C LAW 8 1 5, E I G H T Y - F I R S T CONGRESS

SEC. 301. (a)(1) The first sentence of section 3 of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress) is amended 20 USC 633. by striking out "June 30, 1973" and inserting in lieu thereof "June 30, 1978". (2) Section 15(15) of such Act is amended by striking out "1968- ^° "^^ ^''^• 1969" and inserting in lieu thereof "1973-1974". (b) Section 16(a) of such Act is amended in clause (1)(A) thereof, 20 USC 646. by striking out "July 1, 1973" and inserting in lieu thereof "July 1, 1978". (c) The amendments made by this section shall be effective on and Effective date after July 1, 1973. note.'"' AMENDMENTS TO P U B L I C L A W 8 1 5, E I G H T Y - F I R S T CONGRESS

SEC. 302. (a)(1) Section 5(a)(1) of such Act of September 23, 1950 (Public Law 815, Eighty-first Congress) is amended by striking out " (A) who so resided with a parent employed on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district), or (B) who had a parent who was on active duty in the uniformed services (as defined in section 102 of the Career Compensation Act of 1949),".

20 USC 535.

37 USC 101.

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 522 20 USC 635.

20 USC 646.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

(2) Section 5(a)(2) of such Act is amended by striking out "residing on Federal property, or (B) " and by redesignating clause (C) as clause (B). (b) Section 16(a) of such Act is amended by inserting before the last sentence thereof the following new sentence: "For the purpose of the preceding sentence, the phrase 'cost of construction incident to the T-estoration or replacement of the school facilities'' includes such additional amounts as the Commissioner may approve in order to assure that the facilities, as restored or replaced, will afford appropriate protection against personal injuries resulting from a disaster.". DURATION o r PAYMENTS UNDER TITLE I OF PUBLIC LAW 8 7 4, EKIHTYFIRST CONGRESS EXCEPT WECTION 3 THEREOF

20 USC 237. 20 USC 239.

20 USC 241-1.

Effective date. 20 USC 237 note.

SEC. 303. (a)(1) Section 2(a) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by striking out "July 1, 1973" and inserting in lieu thereof "July 1, 1978". (2) Section 4(a) of such Act is amended, in that part thereof which precedes clause (1), by striking out "July 1, 1973" and inserting in lieu thereof "July 1, 1978". (3) Section 7(a) of such Act is amended— (A) in clause (1)(A), by striking out "July 1, 1973," and inserting in lieu thereof "July 1, 1978,"; and (B) in clause (1)(B), by inserting after '"seriously damaged" the following: "prior to July 1, 1978". (b) The amendments made by this section shall be effective on and after July 1, 1973. AMENDMENTS TO PUBLIC LAW 8 74, EIGHTY-FIRST CONGRESS FOR FISCAL YEAR 1975

20 USC 238. Effective date. 20 USC 238 note.

20 USC 236.

Effective date. 20 USC 238 note. 20 USC 240.

SEC. 304. (a)(1) Section 3(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended by striking out "July 1, 1973" and inserting in lieu thereof "July 1, 1975". (2) The amendments made by this subsection shall be effective on and after July 1, 1973. (b)(1) Section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by adding at the end thereof the following new subsection: "(f) Isotwithstanding any other provision of title 1 of this Act (including the provisions of section 5(c)), a local educational agency with respect to which the number of children determined for any fiscal year under subsection (a) amounts to at least 25 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, shall receive an amount equal to 100 per centum of the amounts to which such agency would be otherwise entitled under subsection (a) of this section.". (2) The amendment made by this subsection shall be effective on and after July 1, 1974. (c)(1) Section 5(d)(2) of such Act is amended by striking out "No" and inserting in lieu thereof "Except as provided in paragraph (3), no". (2) Section 5(d) of such Act is further amended by adding at the end thereof the following new paragraph: "(3)(A) Notwithstanding paragraph (2) of this subsection, if a State has in effect a program of State aid for free public education for any fiscal year, which is designed to equalize expenditures for free public education among the local educational agencies of that State,

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payments under this title for any fiscal year may be taken into consideration by such State in determining the relative— " (i) financial resources available to local educational agencies in that State; and "(ii) financial need of such agencies for the provision of free public education for children served by such agency, provided that a State may consider as local resources funds received under this title only in proportion to the share that local revenues covered under a State equalization program are of total local revenues. Whenever a State educational agency or local educational agency will be adversely affected by any decision of the Commissioner pursuant to this subsection, such agency shall be afforded notice and an opportunity for a hearing prior to the implementation of such decision. " (B) The terms 'State aid' and 'equalize expenditures' as used in this subsection shall be defined by the Commissioner by regulation after consultation with State and local educational agencies affected provided that, the term 'equalize expenditures' shall not be construed in any manner adverse to a program of State aid for free public education which provides for taking into consideration the additional cost of providing free public education for particular groups or categories of pupils in meeting the special educational needs of such children as handicapped children, economically disadvantaged, those who need bilingual education, and gifted and talented children.". (3) The amendments made by this subsection shall be effective for n

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1

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Notice and hearing.

Definitions.

Effective date. 20 USC 240

fiscal year 1975 only. note. (d)(1) Section 403(1) of such Act is amended by adding at the 20 USC 244. end thereof the following: "Real property which qualifies as Federal property under clause (A) of this paragraph shall not lose such qualification because it is used for a low-rent housing project.". (2) Clause (A) of section 5(c)(1) of such Act is amended by insert- ^° ^^^ 2'*°ing after "Economic Opportunity Act of 1964" the following: "(other than any such property which is Federal property described in section 403(1)(A)) ". AMENDMENTS TO SECTIONS 3, 5, AND 7 OF PUBLIC LAW 874, EIGHTY-FIRST CONGRESS

SEC. 305. (a)(1) Section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended to read as follows: " C H I L D R E N R E S I D I N G O N, OR WHOSE PARENTS ARE EMPLOYED ON, FEDERAL PROPERTY

"Children of Persons Who Reside and Work on Federal Property "SEC. 3. (a) For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year, the Commissioner shall determine the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools, resided on Federal projjerty and— "(1) did so with a parent employed on Federal property situated (A) in whole or in part in the county in which the school district of such agency is located, or (B) if not in such county, in whole or in part in the same State as the school district of such agency; or

20 USC 238.

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[88 STAT.

"(2) had a parent who was on active duty in the uniformed services (as denned in section 101 of title 37, United States Code). I n making a determination under clause (2) of the preceding sentence with respect to a local educational agency for any fiscal year, the Commissioner shall include the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such year, and who, while in attendance at such schools, resided on Indian lands, as described in clause (A) of section 403(1). "Children of Persons Who Reside or Work on Federal Property

22 USC 2601.

"'(b) For the purpose of computing the amount to which a local educational agency is entitled under this section for any fiscal year ending prior to July 1, 1978, the Commissioner shall, in addition to any determination made with respect to such agency under subsection (a), determine the number of children (other than children with respect to whom a determination is made for such fiscal year under subsection (a)) who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year and who, while in. attendance at such schools, either— " (1) resided on Federal property, or "(2) resided with a parent employed on Federal property situated (A) in whole or in part in the county in which the school district of such agency is located, or (B) if not in such county, in whole or in part in the same State as the school district of such agency, or "(3) had a parent who was on active duty in the uniformed services (as defined in section 101 of title 37, United States Code). For such purpose, with respect to a local educational agency, in the case of any fiscal year ending prior to July 1, 1978, the Commissioner shall also determine the number of children (other than children to whom subsection (a) or the preceding sentence applies) who were in average daily attendance at the schools of such agency and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools resided with a parent who was, at any time during the three-year period immediately preceding the beginning of the fiscal year for which the determination is made, a refugee who meets the requirements of clauses (A) and (B) of sectjQj^ 2(b)(3) of the Migration and Refugee Assistance Act of 1962, except that the Commissioner shall not include in his determination under this sentence for any fiscal year any child with respect to whose education a payment was made under section 2(b)(4) of such Act. "Eligibility for Payments "(c)(1) Except as is provided in paragraph (2), no local educational agency shall be entitled to receive a payment for any fiscal year with respect to a number of children determined under subsection (a) and subsection (b), unless the number of children so determined with respect to such agency amounts to— " (A) at least four hundred such children; or " (B) a number of such children which equals at least 3 per centum of the total number of childien who were in average daily attendance, during such year, at the schools of such agency and for whom such agency provided free public education; whichever is the lesser.

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"(2)(A)(i) Clause (B) of paragraph (1) shall not operate to make any local educational agency eligible for a payment under this section for any fiscal year unless the number of children with respect to whom determination was made under subsections (a) and (b) respecting such agency for that fiscal year is at least ten. "(ii) If a local educational agency is eligible for a payment for any fiscal year by the operation of clause (B) of paragraph (1), it shall continue to be so eligible for the two succeeding fiscal years even if such agency fails to meet the requirement of such clause (B) during such succeeding fiscal years, except that the number of children determined for the second such succeeding fiscal year with respect to such agency for the purpose of any clause in paragraph (1) of subsection (d) shall not exceed 50 per centum of the number of children determined with respect to such agency for the purpose of that clause for the last fiscal year during which such agency was so eligible. "(iii) If the Commissioner determines with respect to any local educational agency for any fiscal year that— " (I) such agency does not meet the requirement of clause (B) of paragraph (1); and " ( II) the application of such requirement, because of exceptional circumstances, would defeat the purposes of this title; the Commissioner is authorized to waive such requirement with respect to such agency. " (B) No local educational agency shall be entitled to receive a payment for any fiscal year with respect to a number of children determined under the second sentence of subsection (b) unless the number of children so determined constitutes at least 20 per centum of the total number of children who were in average daily attendance at the schools of such agency and for whom such agency, during such fiscal year, provided free public education. "Amount of Payments " (d)(1) Except as is provided in paragraph (2), the amount to which a local educational agency shall be entitled under this section for any fiscal year shall be— " (A) in the case of any local educational agency with respect to which the rnmiber of children determined for such fiscal year under subsection (a) amounts to at least 25 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, an amount equal to 100 per centum of the local contribution rate multiplied by the number of children determined under such subsection plus the sum of the products obtained with respect to such agency under clauses (B) (iii),(B)(iv),and(B)(v);and " (B) in any other case, an amount equal to the sum of— "(i) the product obtained by multiplying 100 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause (2) of subsection (a), "(ii) the product obtained by multiplying 90 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause d) of subsection (a), "(iii) the product obtained by multiplying 50 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause (3) of subsection (b),

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"(iv) the product obtained by multiplying 45 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clauses (1) and (2)(A) of subsection (b),and " (v) the product obtained by multiplying 40 per centum of the local contribution rate by the number of children determined with respect to such agency for such fiscal year under clause (2)(B) of subsection (b). "(2)(A) Not later than December 1 during each fiscal year beginning after June 30, 1977, the Commissioner shall, except as is provided m clause (iii) in the third sentence of this subparagraph, determine the total number of children with respect to whom determinations are made under subsection (b) for all local educational agencies making application for payments under this section which meet the eligibility requirements set forth in subsection (c). The Commissioner shall determine the percentage which such number constitutes of the total number of children who were in average daily attendance at the schools of such agencies during such fiscal year and for whom such agencies provided free public education. In calculating the products under clauses (B) ( i i i), (B) ( i v), and (B)(v) of paragraph (1), with respect to any local educational agency for any fiscal year, the Commissioner shall reduce the number of children with respect to whom a determination is made under subsection (b) by a number equal to one-half of the number which the percentage determined under the preceding sentence constitutes of the total number of children with respect to whom such a determination is made and who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, except that— "(i) such percentage shall not exceed 4 per centum; "(ii) the number reduced shall not exceed three hundred; and " (iii) this subparagraph shall not apply to any local educational agency (I) with respect to which the number of children determined under subsection (b) for any fiscal year amounts to at least 10 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education, or ( II) during any fiscal year in which such agency receives more than 25 per centum of the funds for its current expenditures from payments under this section. In determining the total number of children who were in average daily attendance at the schools of an agency during any fiscal year under clause (iii)(I) in the preceding sentence, the number of children in such schools with respect to whom a determination is made under subsection (a) for such year shall not be considered. " (B) If the Commissioner determines that— " (i) the amount computed under paragraph (1), as is otherwise provided in this subsection with respect to any local educational agency for any fiscal year, together with the funds available to such agency from State and local sources and from other sections of this title, is less than the amount necessary to enable such agency to provide a level of education equivalent to that maintained in the school districts of the State which are generally comparable to the school district of such agency; " (ii) such agency is making a reasonable tax effort and exercising due diligence m availing itself of State and other financial assistance;

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527

"(iii) not less than 50 per centum of the total number of children who were in average daily attendance at the schools of such agency during such fiscal year and for whom such agency provided free public education were, during such fiscal year, determined under either subsection (a) or clause (1) of subsection (b), or both; and "(iv) the eligibility of such agency under State law for State aid with respect to free public education of children residing on Federal property, and the amount of such aid, are determined on a basis no less favorable to such agency than the basis used in determining the eligibility of local educational agencies for State aid, and the amount thereof, with respect to the free public education of other children in the State; the Cormnissioner is authorized, to increase the amount computed under paragraph (1) with respect to such agency for such fiscal year to the extent necessary to enable such agency to provide a level of education equivalent to that maintained in such comparable school districts. The Commissioner shall not, under the preceding sentence, increase the amount computed under paragraph (1) with respect to any local educational agency for any fiscal year to an amount which exceeds the product of— " (I) the amount the Commissioner determines to be the cost per pupil of providing a level of education maintained in such comparable school districts during such fiscal year, multiplied by— " ( II) the number of children determined with respect to such agency for such year under either subsection (a) or clause (1) of subsection (b), or both, minus the amount of State aid which the Commissioner determines to be available with respect to such children for the fiscal year for which the computation is being made. " (C)(i) The amount of the entitlement of any local educational special educaagency under this section for any fiscal year with respect to handi- entitfemlnt?^' capped children and children with specific learning disabilities for whom a determination is made under subsection (a)(2) or (b)(3) and for whom such local educational agency is providing a program designed to meet the special educational and related needs of such children shall be the amount determined under paragraph (1) with respect to such children for such fiscal year multiplied by 150 per centum. "(ii) For the purposes of division (i), programs designed to meet the special educational and related needs of such children shall be consistent with criteria established under division (iii). "(iii) The Commissioner shall by regulation establish criteria for criteria. assuring that programs (including preschool programs) provided by local educational agencies for children with respect to whom this subparagraph applies are of sufficient size, scope, and quality (taking into consideration the special educational needs of such children) as to give reasonable promise of substantial progress toward meeting those needs, and in the implementation of such regulations the Commissioner shall consult with persons in charge of special education programs for handicapped children in the educational agency of the State in which such local educational agency is located. "(iv) For the purpose of this subparagraph the term 'handicapped Definitions. children' has the same meaning as specified in section 602(1) of the Education of the Handicapped Act and the term 'children with specific 20 USC 1401. learning disabilities' has the same meaning as specified in section 602(15) of such Act.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/572

 528 Local contribution r a t e.

Formula.

Definitions.

PUBLIC LAW 93-380-AUG. 21, 1974

[88

STAT.

"(3)(A) Except as is provided in subparagraph (B), in order to compute the local contribution rate for a local educational agency for any fiscal year, the Commissioner, after consulting with the State educational agency of the State in which the local educational agency is located and with the local educational agency, shall determine which school districts within such State are generally comparable to the school district of the local educational agency for which the computation is being made. The local contribution rate for such agency shall be the quotient of— " (i) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, which the local educational agencies of such comparable school districts derived from local sources, divided by— "(ii) the aggregate number of children in average daily attendance for whom such agency provided free public education during such second preceding fiscal year. " (B)(i) The local contribution rate for a local educational t^gency in any State shall not be less than— " (I) 50 per centum of the average per pupil expenditure in such State, or " ( II) 50 per centum of such expenditures in all the States, whichever is greater, except that clause ( II) shall not operate in such a manner as to make the local contribution rate for any local educational agency in any State exceed an amount equal to the average per pupil expenditure in such State. "(ii) If the current expenditures in those school districts which the Commissioner has determined to be generally comparable to the school district of the local educational agency for which a computation is made under subparagraph (A) are not reasonably comparable because of unusual geographical factors which affect the current expenditures necessary to maintain, in the school district of such agency, a level of education equivalent to that maintained in such other school districts, the Commissioner is authorized to increase the local contribution rate for such agency by such an amount which he determines will compensate such agency for the increase in current expenditures necessitated by such unusual geographical factors. "(iii) The local contribution rate for any local educational agency in— " (I) Puerto Rico, Wake Island, Guam, American Samoa, or the Virgin Islands, or " ( II) any State in which a substantial proportion of the land is in unorganized territory, or " ( III) any State in which there is only one local education agency, shall be determined for any fiscal year by the Commissioner in accordance with policies and principles which will best achieve the purposes of this section and which are consistent with the policies and principles provided in this paragraph for determining local contribution rates in States where it is possible to determine generally comparable school districts. " (C) For the purposes of this paragraph— " (i) the term 'State' does not include Puerto Rico, Wake Island, Guam, American Samoa, or the Virgin Islands; and "(ii) the 'average per pupil expenditure' in a State shall be (I) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made of all local educational agencies in the State, divided by ( II) the

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PUBLIC LAW 93-380-AUG. 21, 1974

529

aggregate number of children in average daily attendance for whom such agencies provide free public education during such second preceding fiscal year. "Adjustments for Decreases in Federal Activities "(e) Whenever the Commissioner determines that— "(1) for any fiscal year, the number of children determined with respect to any local educational agency under subsections (a) and (b) is less than 90 per centum of the number so determined with respect to such agency during the preceding fiscal year; "(2) there has been a decrease or cessation of Federal activities within the State in which such agency is located; and "(3) such decrease or cessation has resulted in a substantial decrease in the number of children determined under subsections (a) and (b) with respect to such agency for such fiscal year; the amount to which such agency is entitled for such fiscal year and for any of the three succeeding fiscal years shall not be less than 90 per centum of the amount to which such agency was so entitled for the preceding fiscal year. That part of any entitlement of any local educational agency which is in excess of the amount which such entitlement would be without the operation of the preceding sentence shall be deemed to be attributable to determinations of children with respect to such agency under subsection (b)(2)(A).

I i

"Determinations on the Basis of Estimates " (f) Determinations with respect to a number of children by the Commissioner under this section for any fiscal year shall be made, whenever actual satisfactory data are not available, on the basis of estimates. No such determination shall operate, because of an underestimate, to deprive any local educational agency of its entitlement to any payment (or the amount thereof) under this section to which such agency would be entitled had such determination been made on the basis of accurate data.". (2) Section 5 of such Act is amended to read as follows:

20 USC 240.

"PAYMENTS

"Applications "SEC. 5. (a)(1) Any local educational agency desiring to receive the payments to which it is entitled for any fiscal year under sections 2, 3, or 4 shall submit an application therefor through the State educational agency of the State in which such agency is located to the Commissioner. Such applications shall be submitted at such time, in such form, and containing such information as the Commissioner may reasonably require to enable him to carry out his functions under this title and shall give adequate assurance that the applicant will submit such reports as the Commissioner may reasonably require to determine whether such agency is entitled to a payment under any of such sections and the amount of such payment. "(2)(A) Applications submitted under paragraph (1^ for payments on the basis of children determined under section 3(a) or 3(b) who reside, or reside with a parent employed, on Indian lands shall set forth adequate assurance that Indian children will participate on an equitable basis in the school program of the local educational agency.

20 USC 237. 20*use 239!

Reports.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/574

 530 "Indian lands.' 20 USC 244.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

" (B) For the purposes of this paragraph, the term 'Indian lands' means that property included within the definition of Federal property under clause (A) of section 403(1). "Payments by the Commissioner

Arui^^ ^52^3 20 USC 239.'

"(b) The Commissioner shall pay to each local educational agency, making application pursuant to subsection (a), the amovmt to which ^^ ^ entitled under sections 2,3, or 4. Sums appropriated, for any fiscal ® year, to enable the Commissioner to make payments pursuant to this title shall, notwithstanding any other provision of law unless enacted in express limitation of this subsection, remain available for obligation and payments with respect to amounts due local educational agencies under this title for such fiscal year, until the end of the fiscal year succeeding the fiscal year for which such sums are appropriated. "Adjustments Where Necessitated by Appropriations "(c) If the sums appropriated for any fiscal year for making payments on the basis of entitlements established under sections 2, 3, and 4 for that year are not sufficient to pay in full the total amounts which the Commissioner estimates all local educational agencies are entitled to receive under such sections for such year, the Commissioner shall allocate such sums among local educational agencies and make payments to such agencies as follows: "(1) H e shall first allocate to each local educational agency which is entitled to a payment under section 2 and section 3 an amount equal to 25 per centum of the amount to which it is entitled as computed under section 2 or section 3(d), as the case may be, for such fiscal year. "(2) P^rom that part of such sums which remains after the allocation required by paragraph (1) for any fiscal year, he shall allocate an additional amount— " (A) to each local educational agency 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 a number of children under section 3(a), for such fiscal year; " (B) to each local educational agency with respect to which a number of children is determined under clause (2) of section 3(a) which equals 65 per centum of the amount to which such agency is entitled on the basis of determining such children as computed under section 3(d), for such fiscal year; " (C) to each local educational agency with respect to which a number of children is determined under clause (1) of section 3(a) which equals 63 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d), for such fiscal year; " (D) to each local educational agency with respect to which a number of children is determined under clause (3) of section 3(b) which equals 35 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d), for such fiscal year; " (E) to each local educational agency with respect to which a number of children determined under clause (1) and clause (2)(A) of section 3(b) which equals 32 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d) for such fiscal year;

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Page:United States Statutes at Large Volume 88 Part 1.djvu/575

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

" (F) to each local educational agency with respect to which a number of children is determined under clause (2)(B) of section 3(b) which equals 28 per centum of the amount to which such agency is entitled on the basis of determining such children, as computed under section 3(d), for such fiscal year; and " (G) to each local educational agency with respect to the amount to which such agency is entitled under section 2 which equals 35 per centum of the amount to which such agency is entitled on the basis of computations made under section 2 for such fiscal year. "(3) Any sums remaining after allocations are made pursuant to paragraph (2) for any fiscal year shall be allocated by the Commissioner among local educational agencies which have unsatisfied 20 u entitlements established under sections 2, 3, and 4 in proportion to Ante,s e 237. p. 523. the degree to which such entitlements are unsatisfied for that fiscal To use 23/. year, after allocations are made pursuant to paragraphs (1) and (2). Xo allocation may be made pursuant to paragraph (2) or (3) and no Restrictions payment may be paid on the basis of any such allocation unless allocations are made pursuant to paragraph (1) and payments are made on the basis of such allocations. No allocation may be made pursuant to any clause of paragraph (2) and no payment may be made on the basis of any such allocation unless allocations are made pursuant to all of the clauses of such paragraph and payments are made on the basis of such allocations. "Treatment of Payments by the States in Determining Eligibility for, and the Amount of, State Aid " (d)(1) Except as provided in paragraph (2), no payments may be made under this title for any fiscal year to any local educational agency in any State (A) if that State has taken into consideration payments under this title in determining— " (i) the eligibility of any local educational agency in that State for State aid for free public education of children; or "(ii) the amount of such aid with respect to any such agency; during that fiscal year or the preceding fiscal year, or (B) if such State makes such aid available to local educational agencies in such a manner as to result in less State aid to any local educational agency which is eligible for payments under this title than such agency would receive if such agency were not so eligible. "(2)(A) Notwithstanding paragraph (1) of this subsection, if a State has in effect a program of State aid for free public education for any fiscal year, which is designed to equalize expenditures for free public education among the local educational agencies of that State, payments under this title for any fiscal year may be taken into consideration by such State in determining the relative— "(i) financial resources available to local educational agencies in that State; and "(ii) financial need of such agencies for the provision of free public education for children served by such agency, provided that a State may consider as local resources funds received under this title only in proportion to the share that local revenues covered under a State equalization program are of total local revenues. Whenever a State educational agency or local educational agency will be adversely affected by the operation of this subsection, such agency

531

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Page:United States Statutes at Large Volume 88 Part 1.djvu/576

 PUBLIC LAW 93-380-AUG. 21, 1974

532 Notice and hearing opportunity. Definitions.

20 USC 244.

Ante,

p. 523.

[88 STAT.

shall be afforded notice and an opportunity for a hearing prior to the reduction or termination of payments pursuant to this subsection. " (B) The terms 'State aid' and 'equalize expenditures' as used in this subsection shall be defined by the Commissioner by regulation, after consuhation with State and local educational agencies affected by this subsection, provided that the term 'equalize expenditures' shall not be construed in any manner adverse to a program of State aid for free public education which provides for taking into consideration the additional cost of providing free public education for particular groups or categories of pupils in meeting the special educational needs of such children as handicapped children, economically disadvantaged, those who need bilingual education, and gifted and talented children. "Limitations on Payments with Respect to Children on, or Residing with a Parent Employed on, Federal Property Described in Section 403(1)(C) "(e)(1) The Commissioner shall determine that part of the entitlement of each local educational agency, for each fiscal year ending prior to July 1, 1978, which is attributable to determinations under subsections (a) and (b) of section 3 of the number of children who resided on, or resided with a parent employed on, property which is described in section 403(1)(C). "(2) No allocation or payment shall be made under paragraph (2) of subsection (c) with respect to that part of any entitlement of any local educational agency which is determined with respect to such agency for such year under paragraph (1). The limitation in this paragraph shall not operate under the last two sentences of subsection (c) to prevent allocations and payments under such paragraph "(3) The amount of the payment to any local educational agency which is determined with respect to such agency under paragraph (1) shall be used for special programs and projects designed to meet the special educational needs of educationally deprived children from low income families. "Use of Funds Paid with Respect to Entitlements Under Section 3(d)(2)(C)

20 USC 241-1,

Report to cong r e s s i o n a l committees.

Increased

" (f) The amount of the payment to any local educational agency for any fiscal year which is attributable to a determination of children for increased payments under subparagraph (C) of section 3(d)(2) shall be used by such agency for special educational programs designed to meet the special educational needs of children with respect to whom such determination is made.". (3) Section 7(c) of such Act is amended by striking out the second sentence thereof and inserting in lieu thereof the following: "Pending such appropriation, the Commissioner is authorized to expend (without regard for subsections (a) and (e) of section 3679 of the Revised Statutes (31 U.S.C. 665)) from any funds appropriated to the Office of Education and at that time available to the Commissioner, such sums as may be necessary for providing immediate assistance under this section. Expenditures pursuant to the preceding sentence shall— "(1) be reported by the Commissioner to the Committees on Appropriations and Education and Labor of the House of Representatives and the Committees on Appropriations and Labor and Public Welfare of the Senate within thirty days of the expenditure;

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Page:United States Statutes at Large Volume 88 Part 1.djvu/577

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PUBLIC LAW 93-380-AUG. 21, 1974

"(2) be reimbursed from the appropriations authorized by the first sentence of this subsection. The report required to the Committees on Appropriations by clause (1) in the preceding sentence shall constitute a budget estimate within the meaning of section 201(a)(5) of the Act of June 10, 1921 (31 U.S.C.ll(a)(5)).". The amendments made by paragraphs (1) and (2) of subsection (a) shall be effective on and with respect to appropriations for fiscal years beginning on and after July 1, 1975, and the amendments made by paragraph (3) of subsection (a) shall be effective upon enactment of this Act. (2)(A)(i) Notwithstanding any other provision of law unless enacted in express limitation of this subparagraph— (I) in the case of any local educational agency which is entitled to a payment under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) for the fiscal year ending June 30, 1973, which constituted an amount equal to not less than 10 per centum of the current expenditures of such agency for such fiscal year, the amount paid to such agency pursuant to such Act of September 30, 1950, for any fiscal year beginning after June 30, 1974, and ending prior to July 1, 1978, on the basis of the entitlement of that agency under such section 3, shall not be less than 90 per centum of the amount paid to such agency on the basis of such entitlement for the preceding fiscal year; and ( II) in the case of any other local educational agency, the amount so paid during any fiscal year beginning after June 30, 1974, and ending prior to July 1, 1978, shall not be less than 80 per centum of the amount so paid for the preceding fiscal year. I n the case of any local educational agency which is eligible prior to July 1, 1975, for a payment under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) by reason of the 3 percentum requirement in clause (B) of section 3(c)(2) of such Act, as in effect prior to the effective date of the amendment made hj paragraph (1) of subsection (a), but which fails to meet such requirement in any fiscal year ending prior to July 1, 1977, such agency shall continue to be eligible for a payment under such section 3 as then in effect for the two succeeding fiscal years, but the payment under such section during the second of such succeeding fiscal years shall not exceed 50 per centum of the amount of the payment such agency was entitled to receive during the most recent fiscal year in which it was so eligible by reason of such clause (B). (ii) Funds appropriated for any fiscal year for making payments to local educational agencies pursuant to the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), which are increased by reason of the provisions of division (i) shall, to the extent of any such increase, be separate from funds appropriated for such fiscal year for payments pursuant to title I of such Act which are not so increased. If, for any fiscal year, a law making appropriations for payments pursuant to such title I is enacted and such law makes no express provision for payments increased by division (i) — (I) all funds so appropriated shall be allocated and paid in accordance with section 5 of such Act of September 30, 1950, and without regard for the provisions of division (i); and ( II) not later than fifteen days after the enactment of such law, the Commissioner shall submit a report to the Committees on Appropriations and on Education and Labor of the House of Representatives and the Committees on Appropriations and

m _ TR _ tn

5a3

Budget estimate.

Effective date 20 USC 238 note.

20 USC 238 note.

Ante,

p. 523.

20 USC 236

Ante,

p. 529.

Report to cong r e s s i o n a l committees.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/578

 534

PUBLIC LAW 93-380-AUG. 21, 1974

D e c r e a s e d en rollment.

Ante, p. 523.

Effective date.

Ante,

p. 529.

[88 STAT.

Labor and Public Welfare of the Senate, which report shall contain a statement detailing the dollar amounts necessary to satisfy the requirements of division (i) and constitute a budget estimate within the meaning of section 201(a)(5) of the Act of June 10, 1921 ( 3 1 U.S.C. l l (a)(5)). (B) In the case of any local educational agency which experiences a decrease in the number of children determined by the Commissioner of Education under section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) of 10 per centum or more of such number— (i) during the fiscal year ending June 30, 1974, or the fiscal year ending June 30, 1975; or (ii) during the period beginning July 1, 1973, and ending June 30, 1975; as the result of a decrease in, or cessation of, Federal activities affecting military installations in the United States announced after April 16, 1973, the amount of the payment to which such agency shall be entitled under title I of such Act, as computed under section 3 of such Act, for any fiscal year ending prior to July 1, 1978, shall not be less than 90 per centum of the amount to which the agency was so entitled during the preceding fiscal year. The provisions of this subparagraph shall be effective on and after July 1, 1974, and with respect to appropriations for the fiscal year ending June 30. 1975, and succeedinjr fiscal years, and such provisions shall be deemed to have been enacted before the beginning of the fiscal year ending June 30, 1975. Nothing in this subparagraph shall be construed to decrease the amount of the payment to which any local educational agency is entitled for any fiscal year on the basis of entitlements created under section 3 of such Act of September 30, 1950. (C) During the first fiscal year in which the amendments made by subsection (a) are effective and each of the succeeding fiscal years ending prior to July 1, 1978, the Commissioner shall determine with respect to each local educational agency in any State the number of children who were in average daily attendance at the schools of such agency, and for whom such agency provided free public education, during such fiscal year, and who, while in attendance at such schools resided with a parent employed on Federal property in a State or in a county other than the State or county, as the case may be, in which the school district of such agency is located but which is situated within a reasonable commuting distance from the school district of such agency. If the number of children determined under the preceding sentence is equal to at least 10 per centum of the total number of children determined with respect to such agency for such fiscal year under section 3(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), the amount to which such agency shall be entitled with respect to a number of children determined under such section 3(b) for such fiscal year, shall not be less than 90 per centum of the amount which such agency received with respect to the number of children so determined during the preceding fiscal year, as computed under section 3 of such Act. (D)(i) The Commissioner shall determine for each fiscal year beginning after June 30, 1975, and ending prior to July 1, 1978, the amount which Ciach local educational agency would be paid for that fiscal year under section 3 of the Act of September 30, 1950 (Public Ivaw 874, Eighty-first Congress) if the amount appropriated had been allocated as provided in section 5(c) of such Act without regard for entitlements (or portions thereof) which are attributable to determinations under subsections (a) and (b) of such section of the number

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535

of children who resided on, or resided with a parent employed on, property which is part of a low-rent housing project described in section 403(1)(C). The Commissioner shall then determine the amount which ^° ^^^ 244. each local educational agency is to be paid for that fiscal year under such section 3 and allocated in accordance with such section 5(c). If the amount determined with respect to any local educational agency under the first sentence of this division is greater than the amount determined with respect to the second sentence of this division, the Commissioner shall pay to that agency an amount equal to the difference between the amounts so determined. (ii) Funds appropriated for any fiscal year for making payments pursuant to the third sentence of division (i) shall be separate from funds appropriated for such fiscal year for making payments pursuant to section 5 of the Act of September 30, 1950 (Public Law 874, Eighty- Ante, p. 529. first Congress). If, for any fiscal year, a law making appropriations for payments pursuant to such section 5 is enacted, and such law makes no express provision for payments pursuant to such third sentence— (I) all funds so appropriated shall be allocated and paid in accordance with such section 5, without regard for such third sentence; and ( II) not later than fifteen days after the enactment of such law, ^ll°ona° ^°mthe Commissioner shall submit a report to the Committees on mittees. Appropriations and on Education and Labor of the House of Representatives and the Committees on Appropriations and Labor and Public Welfare of the Senate, which report shall contain a statement detailing the dollar amounts necessary to make the payments required under such third sentence and shall, with respect to such dollar amounts, constitute a budget estimate within the meaning of section 201(a)(5) of the Act of June 10, 1921 (31 U.S.C. 1 1 (a)(5)). TITLE IV — C O N S O L I D A T I O N OF CERTAIN EDUC^ATION PROGRAMS CONSOLIDATION OF LIBRARY A N D L E A R N I N G RESOURCES, EDUCATIONAL I N N O V A T I O N, A N D SUPPORT PROGRAMS

SEC. 401. Title IV of the Elementary and Secondary Education Act of 1965, is amended to read as follows:

20 USC 331.

"TITLE IV — L I B R A R I E S, L E A R N I N G R E S O U R C E S, EDUCATIONAL INNOVATION, AND S U P P O R T " P A R T A—GENERAL PROVISIONS "AUTHORIZATION or

APPROPRIATIONS

"SEC. 401. (a)(1) Subject to the provisions of paragraph (2), there is authorized to be appropriated the sum of $395,000,000 for obligation by the Commissioner during the fiscal year ending June 30, 1976, and such sums as may be necessary for obligation by the Commissioner during each of the two succeeding fiscal years, for the purpose of making grants under part B (Libraries and Learning Resources) of this title. "(2) No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless—

20 USC 1801,

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Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/77

Rh Mr. Lang's mind "broods fondly over" my remark that many expressions rhetorically used by him "convey to our minds reminiscences of Christian teaching of which the savage mind is guiltless." He interprets it as an assertion that, though under European influences, the Australian blackfellows are guiltless of Christian teaching, particularly with regard to Baiame. But it will be observed that the remark was a general protest against Mr. Lang's method of argument, and contained no affirmation respecting any specific race or belief. Hence, he cannot fasten upon me the charge of inconsistency in the mode of dealing with Baiame. My theory about Baiame is one that Mr. Lang quotes again and again, namely, that "the points of his story most resembling the Christian conception of Creator have been unconsciously evolved, first by white explorers, then by missionaries, and lastly by the natives themselves under European influence." Let me give an example of what I mean by the unconscious evolution by white explorers. I will take Mr. Manning's account, which I have had the opportunity of reading since my criticism was written. He was not, perhaps, literally an explorer, but an early settler. I have not space for the whole account, interesting and inportant though it be. Extracts will, however, show how Mr. Manning treated Baiame, or Boyma, as he writes the name. After describing him as "seated on a throne of


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Page:United States Statutes at Large Volume 88 Part 1.djvu/580

 536

^^20 USC 821, 20 USC 441.

20 USC 841.

861, 887, 887a.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

" (A)(i) aggregate amount which ^'Ould be appropriated under this subsection is at least equal to the aggregate amount appropriated for obligation by the Commissioner during the preceding fiscal year in which part B was in ( ffect, or "(ii) in the case of appropriations under this subsection for the first fiscal year in which part B is effective, such amount is at least equal to the aggregate amount appropriated for obligation by the Commissioner for the fiscal year ending June 30, 1974, or for the preceding fiscal year, whichever is higher, under title II and so much of title III as relates to testing, guidance, and counseling of this Act, and under title III (except for section 305) of the National Defense Education Act of 1958, and " (B) the sums appropriated pursuant to this subsection are included in an Act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning of such fiscal year, " (b)(1) Subject to the provisions of paragraph (2), there is authorized to be appropriated the sum of $350,000,000 for obligation by the Commissioner during the fiscal year ending June 30, 1976, and such sums as may be necessary for obligation by the Commissioner during each of the two succeeding fiscal years, ior the purpose of making grants under part C (Educational Innovation and Support) of this title. "(2) No funds are authorized to be appropriated under this subsection for obligation by the Commissioner during any fiscal year unless— " (A)(i) the aggregate amount which would be appropriated under this subsection is at least equal to the aggregate amount appropriated for obligation by the Commissioner during the preceding fiscal year in which part C was in effect, or " (ii) in the case of appropriations under this subsection for the first fiscal year in which part C is effective, such amount is at least equal to the aggregate amount appropriated for obligation by the Commissioner for fiscal year ending June 30, 1974, or for the preceding fiscal year, whichever is higher, under title III (except for programs of testing, guidance, and counseling), title V, and sections 807 and 808 of this Act, and " (B) the sums appropriated pursuant to this subsection are included in an Act making appropriations for the fiscal year prior to the fiscal year in which such sums will be obligated, and are made available for expenditure prior to the beginning of such fiscal year. "(c)(1) I n the first fiscal year in which appropriations are made pursuant to part B, 50 per centum of the funds so appropriated shall be available to the States to carry out part B of this title. The remainder of such funds shall be available to the States and shall be allotted to the States, or to the Commissioner, as the case may be, in such year, pursuant to title II and so much of title III as relates to testing, guidance, and counseling under this Act, and under title III (except for section 305) of the National Defense Education Act of 1958, for each such program in an amount which bears the same ratio to such remainder as the amount appropriated for each such program for the fiscal year ending June 30, 1974, or for the fiscal year preceding the fiscal year for which the determination is made, whichever is higher, bears to the aggregate of such appropriated amounts. The amounts made available under the second sentence of this paragraph shall be subject to the provisions of law governing each such program.

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STAT.]

PUBLIC LAW 93-380-AUG. 21, 1974

537

"(2) In the first fiscal year in which appropriations are made pursuant to part C, 50 per centum of the funds so appropriated shall be ^°^'' P- S"*^available to carry out part C of this title. The remainder of such funds shall be available to the States and shall be allotted to the States, or to the Commissioner, as the case may be, in such year, pursuant to title III (except for programs of testing, guidance, and counseling), title V, and sections 807 and 808 of this Act, for each such program in an gg^j" ^^^^ ggj;^ amount which bears the same ratio to such remainder as the amount appropriated for each such program for the fiscal year ending June 30, 1974, or for the fiscal year preceding the fiscal year for which the determination is made, whichever is higher, bears to the aggregate of such appropriated amounts. The amount made available under the second sentence of this paragraph shall be subject to the provisions of law governing each such program. •'ALLOTMENT TO THE STATES

"SEC. 402. (a)(1) There is hereby authorized to be appropriated ^o u'sc^fsor* for each fiscal year for the purposes of this paragraph amounts equal to not more than 1 per centum of each of the amounts appropriated for such year under subsections (a) or (b), or both, of section 401. The ^"^^' P- •"'. Commissioner shall allot each of the amounts appropriated pursuant to this paragraph among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under part B or part C, or both, of this 54^°'^ ^^' ^^' title. In addition, for each fiscal year he shall allot from each of such amounts to (A) the Secretary of the Interior the amounts necessary for the programs authorized by each such part for children and teachers in elementary and secondary schools operated for Indian children by the Department of the Interior, and (B) the Secretary of Defense the amounts necessary for the programs authorized by each such part for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payment for such purposes shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title. "(2) From the amounts appi-opriated to carry out part B or part C, or both, of this title for any fiscal year pursuant to subsections (a) and (b) of section 401. the Commissioner shall allot to each State from each such amount an amount which bears the same ratio to such amount as the number of children aged five to seventeen, inclusive, in the State bears to the number of such children in all the States. For the purposes of this subsection, the term 'State' shall not include Guam, ximerican "state." Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. The number of children aged five to seventeen, inclusive, in a State and in all the States shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him. "'(b) The amount of any State's allotment under subsection (a) for Reaiiotment. any fiscal year to cari-y out part B or C which the Commissioner determines will not be required for such fiscal year to carry out such part shall be available for reaiiotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection (a) for that year but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States

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Page:United States Statutes at Large Volume 88 Part 1.djvu/582

 538

Ante, p. 53 5.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

whose proportionate amounts were not so reduced. Any amounts reallotted to a State under this subsection during a year from funds appropriatcd pursuant to section 401 shall be deemed a part of its allotment under subsection (a) for such year. "STATE PLANS

Advisory counEstablishment, 20 USC 1803.

Ante, p. 537. Post, p. 542,

543

Post, p, 541.

20 USC 236.

Post, p. 542.

"SEC. 403 (a) Any State which desires to receive grants under this title shall establish an advisory council as provided by subsection (b) and shall submit to the Commissioner a State plan, in such detail as the Commissioner deems necessary, which— "(1) designates the State educational agency as the State agency which shall, either directly or through arrangements with other State or local public agencies, act as the sole agency for the administration of the State plan; "(2) sets forth a program under which funds paid to the State from its allotments under section 402 will be expended solely for the programs and purposes authorized by parts B and C of this title, and for administration of the State plan; "(3) provides assurances that the requirements of section 406 (relating to the participation of pupils and teachers in nonpublic elementary and secondary schools) will be met, or certifies that such requirements cannot legally be met in such State; "(4) provides assurances that (A) funds such agency receives from appropriations made under section 401(a) will be distributed among local educational agencies according to the enrollments in public and nonpublic schools within the school districts of such agencies, except that substantial funds will be provided to (i) local educational agencies whose tax eifort for education is substantially greater than the State average tax effort for education, but whose per pupil expenditure (excluding payments made under title I of this Act) is no greater than the average per pupil expenditure in the State, and (ii) local educational agencies which have the greatest numbers or percentages of children whose education imposes a higher than average cost per child, such as children from low-income families, children living in sparsely populated areas, and children from families in which English is not the dominant language; and (B) funds such agency receives from appropriations made under section 401(b) will be distributed among local educational agencies on an equitable basis recognizing the competitive nature of the grantmaking except that the State educational agency shall provide assistance in formulating proposals and in operating programs to local educational agencies which are less able to compete due to small size or lack of local financial resources; and the State plan shall set forth the specific criteria the State educational agency has developed and will apply to meet the requirements of this paragraph; "(5) provides that each local educational agency will be given complete discretion (subject to the provisions of section 406) in determining how the funds it receives from appropriations made under section 401(a) will be divided among the various programs described in section 421, except that, in uie first year in which appropriations are made pursuant to part B, each local educational agency will be given complete discretion with respect to 50 per centum of the funds appropriated for that part attributable to that local educational agency;

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Page:United States Statutes at Large Volume 88 Part 1.djvu/583

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

"(6) provides for the adoption of effective procedures (A) for an evaluation by the State advisory council, at least annually, of the effectiveness of the programs and projects assisted under the State plan, (B] for the appropriate dissemination of the results of such evaluations and other information pertaining to such programs or projects, and (C) for the adoption, where appropriate, of promising educational practices developed through innovative programs supported under part C; "(7) provides that local educational agencies applying for funds under any program under this title shall be required to submit only one application for such funds for any one fiscal year; "(8) provides— " (A) that, of the funds the State receives under section 401 for the first fiscal year for which such funds are available, such agency will use for administration of the State plan not to exceed whichever is greater (i) 5 per centum of the amount so received ($50,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), excluding any part of such amount used for purposes of section 431(a)(3), or (ii) the amount it received for the fiscal year ending June 30, 1973, for administration of the programs referred to in sections 421(b) and 431(b), and that the remainder of such funds shall be made available to local educational agencies to be used for the purposes of parts B and C, respectively; and that, of the funds the State receives under section 401 for fiscal years theieafter, it will use for administration of the State plan not to exceed whichever is greater (i) 5 per centum of the amount so received ($50,000 in the case of Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands), excluding any part of such amount used for purposes of section 431(a)(3), or (ii) $225,000, and that the remainder of such funds shall be made available to local educational agencies to be used for purposes of parts B and C, respectively, " (B) that not less than 15 per centum of the amount received pursuant to section 401(b) in any fiscal year (not including any amount used for purposes of section 431(a)(3)) shall be used for special programs or projects for the education of children with specific learning disabilities and handicapped children, and " (C) that not more than the greater of (i) 15 per centum of the amount which such State receives pursuant to section 401(b) in any fiscal year, or (ii) the amount available by appropriation to such State in the fiscal year ending June 30, 1973, for purposes covered by section 431(a)(3), shall be used for purposes of section 431(a)(3) (relating to strengthening State and local educational agencies); "(9) provides assurances that in the case of any project for the repair, remodeling, or construction of facilities, that the facilities shall be accessible to and usable by handicapped persons; "(10) sets forth policies and procedures which give satisfactory assurance that Federal funds made available under this title for any fiscal year will not be commingled with State funds; and "(11) gives satisfactory assurance that the aggregate amount to be expended by the State and its local educational agencies from funds derived from non-Federal sources for programs

539 ^jfj^f'^^"' ^''^^""

Post, p. 543.

^"'«' P- 535.

^°^'' P- 543. P°^^' P- 542. ^^|'os'. P-542.

ce^si^bmrVo'"^" handicapped persons.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/584

 PUBLIC LAW 93-380-AUG. 21, 1974

540 P o s t, p. 542.

Membership.

Post,

p. 544.

Report to Commissioner.

Meetings.

State plan approval.

[88 STAT.

described in section 421(a) for a fiscal year will not be less than the amount so expended for the preceding fiscal year. " (b)(1) The State advisory council, established pursuant to subsection (a), shall— " (A) be appointed by the State educational agency or as otherwise provided by State law and be broadly representative of the cultural and educational resources of the State (as defined in section 432) and of the public, including persons representative of— "(i) public and private elementary and secondary schools, "(ii) institutions of higher education, and "(iii) fields of professional competence in dealing with children needing special education because of physical or mental handicaps, specific learning disabilities, severe educational disadvantage, and limited English-speaking ability or because they are gifted or talented, and of professional competence in guidance and counseling; " (B) advise the State educational agency on the preparation of, and policy matters arising in the administration of, the State plan, including the development of criteria for the distribution of funds and the approval of applications for assistance under this title; " (C) evaluate all programs and projects assisted under this title; and " (D) prepare at least annually and submit through the State educational agency a report of its activities, recommendations, and evaluations, together with such additional comments as the State educational agency deems appropriate, to the Commissioner. "(2) Not less than ninety days prior to the beginning of any fiscal year for which funds will be available for carrying out this title, each State shall certify the establishment of, and membership of (including the name of the person designated as Chairman), its State advisory council to the Commissioner. "(3) Each State advisory council shall meet within thirty days after certification has been accepted by the Commissioner and establish the time, place, and manner of its future meetings, except that such council shall have not less than one public meeting each year at which the public is given an opportunity to express views concerning the administration and operation of this title. "(4) Each State advisory council shall be authorized to obtain the services of such professional, technical, and clerical personnel, and to contract for such other services as may be necessary to enable them to carry out their functions under this title, and the (Commissioner shall assure that funds sufficient for these purposes are made available to each council from funds available for administration of the State plan. "(c) The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsections (a) and (b) of this section. uADMINISTRATION OF STATE PLANS

Notice and hearing opportunity. 20 USC 1804.

"SEC, 404. The Commissioner shall not finally disapprove any State plan submitted under this title, or any modification thereof, without first affording the State educational agency reasonable notice and opportunity for a hearing.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/585

 / 88 STAT. ]

PUBLIC LAW 93-380_AUG. 21, 1974 it

541

P A Y M E N T S TO STATES

"SEC. 405. From the amounts allotted to each State under section ^o use isos. 402 for carrying out the programs authorized by parts B and C, Poft^ pp "42, respectively, the Commissioner shall pay to that State an amount 543. ' equal to the amount expended by the State in carrying out its State plan (after withholding any amount necessary pursuant to section In fra. 406(f)). a PARTICIPATION OF C H I L D R E N ENROLLED I N PRIVATE SCHOOLS

"SEC. 406. (a) To the extent consistent with the number of children in the school district of a local educational agency (which is a recipient of funds under this title or which serves the area in which a program or project assisted under this title is located) who are enrolled in private nonprofit elementary and secondary schools, such agency, after consultation with the appropriate private school officials, shall provide for the benefit of such children in such schools secular, neutral, and nonideological services, materials, and equipment including the repair, minor remodeling, or construction of public school facilities as may be necessary for their provision (consistent with subsection (c) of this section), or, if such services, materials, and equipment are not feasible or necessary in one or more such private schools as determined by the local educational agency after consultation with the appropriate private school officials, shall provide such other arrangements as will assure equitable participation of such children in the purposes and benefits of this title. "(b) Expenditures for programs pursuant to subjection (a) shall be equal (consistent with the number of children to be served) to expenditures for programs for children enrolled in the public schools of the local educational agency, taking into account the needs of the individual children and other factors (pursuant to criteria supplied by the Commissioner) which relate to such expenditures, and when funds available to a local educational agency under this title are used to concentrate programs or projects on a particular group, attendance area, or grade or age level, children enrolled in private schools who are included within the group, attendance areas, or grade or age level selected for such concentration shall, after consultation with the appropriate private school officials, be assured equitable participation in the purposes and benefits of such programs or projects. "(c)(1) The control of funds provided under this title and title to materials, equipment, and property repaired, remodeled, or constructed therewith shall be in a public agency for the uses and purposes provided in this title, and a public agency shall administer such funds and property. "(2) The provision of services pursuant to this section shall be provided by employees of a public agency or through contract by such public agency with a person, an association, agency, or corporation who or which in the provision of such services is independent of such private school and of any religious organization, and such employment or contract shall be under the control and supervision of such public agency, and the funds provided under this title shall not be commingled with State or local funds. " (d) If a State is prohibited by law from providing for the participation in programs of children enrolled in private elementary and secondary schools, as required by this section, the Commissioner may waive such requirement and shall arrange for the provision of services to such children through arrangements which shall be subject to the requirements of this section.

20 USC 1806,

E q u a l expenditures.

Administration.

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Page:United States Statutes at Large Volume 88 Part 1.djvu/586

 542

Notice and hearing opportunity.

J u d i c i a l review.

Jurisdiction.

PUBLIC LAW 93-380-AUG. 21, 1974

STAT.

"(e) If the Commissioner determines that a State or a local educational agency has substantially failed to provide for the participation on an equitable basis of children enrolled in private elementary and secondary schools as required by this section, he shall arrange for the provision of services to such children throUjTh arrangements which shall be subject to the requirements of this section. "(f) When the Commissioner arranges for services pursuant to this section, he shall, after consultation with the appropriate public and private school officials, pay the cost of such services from the appropriate allotment of the State under this title. "(8')(1) The Commissioner shall not take any final action under this section until he has aiforded the State educational agency and local educational agency affected by such action at least sixty days notice of his proposed action and an opportunity for a hearing with r'ospect thereto on the record. "(2) If a State or local educational agency is dissatisfied with the Commissioner's final action after a hearing under subparagraph (A) of this paragraph, it may within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. "(-5) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shovvn, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified (indings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(4) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole 01' in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certificarion as provided in section 1254 of title 28, United States Code.". 'PART

15—LIBRARIES AND LEARNING PROGRAMS

Grants to States. 20 USC 1821.

[88

RESOURCES

AUTHORIZED

"SKC. 421. (a) The Commissioner shall carry out a program for making grants to the States (pursuant to State plans approved under section 403) — " (1) for the ac(iuisition of school library resources, textbooks, and other printed and published instructional materials for the use of children and teachers in public and private elementary and secondary schools; "(2) for the acquisition of instructional equipment (including laboratory and other special equipment, including audio-visual materials and equipment suitable for use in providing education in academic subjects) for use by children and teachers in elementary and secondary schools, and for minor remodeling of laboratory or other space used by such schools for such equipment; and "(3) for (A) a program of testing students in the elementary and secondary schools, (B) programs of counseling and guidance services for students iat the appropriate levels in elementary and

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Page:United States Statutes at Large Volume 88 Part 1.djvu/587

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

543

secondary schools designed (i) to advise students of courses of study best suited to their ability, aptitude, and skills, (ii) to advise students with respect to their decisions as to the type of educational program they should pursue, the vocation they should train for and enter, and the job opportunities in the various fields, and (iii) to encourage students to complete their secondary school education, take the necessary courses for admission to postsecondary institutions suitable for their occupational or academic needs, and enter such institutions, and such programs may include short-term sessions for persons engaged in guidance and counseling in elementary and secondary schools, and (C) programs, projects, and leadership activities designed to expand and strengthen counseling and guidance services in elementary and secondary schools. "(b) I t is the purpose of this part to combine within a single authorization, subject to the modifications imposed by the provisions and requirements of this title, the programs authorized by title II and so much of title III as relates to testing, counseling, and guidance, of this Act, and title III (except for section 305 thereof) of the National ^^^^o use 821, Defense Education Act of 1958, and funds appropriated to carry out 26 USC 441. this part must be used only for the same purposes and for the funding of the same types of programs authorized under those provisions. "PART C—EDUCATIONAL INNOVATION AND SUPPORT a PROGRAMS AUTHORIZED

"SEC. 431. (a) The Commissioner shall carry out a program for g^^''^"*^ *° making grants to the States (pursuant to State plans approved under 20 USC isai. section 403)— Ante. p. 538. "(1) for supplementary educational centers and services to stimulate and assist in the provision of vitally needed educational services (including preschool education, special education, compensatory education, vocational education, education of gifted and talented children, and dual enrollment programs) not available in sufficient quantity or quality, and to stimulate and assist in the development and establishment of exemplary elementary and secondary school programs (including the remodeling, lease, or construction of necessary facilities) to serve as models for regular school programs; "(2) for the support of demonstration projects by local educational agencies or private educational organizations designed to improve nutrition and health services in public and private elementary and secondary schools serving areas with high concentrations of children from low-income families and such projects may include payment of the cost of (A) coordinating nutrition and health service resources in the areas to be served by a project, (B) providing supplemental health, mental health, nutritional, and food services to children from low-income families when the resources for such services available to the applicant from other sources are inadequate to meet the needs of such children, (C) nutrition and health programs designed to train professional and other school personnel to provide nutrition and health services in a manner which meets the needs of children from low-income families for such services, and (D) the evaluation of projects assisted with respect to their effectiveness in improving school nutrition and health services for such children;

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Page:United States Statutes at Large Volume 88 Part 1.djvu/588

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20 USC 841, 861, 887, 887a,

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

"(3) for strengtliening the leadership resources of State and local educational a*i;encies, and for assisting those agencies in the establishment and improvement of programs to identify and meet educational needs of States and of local school disti-icts; and "(4) for making arrangements with local educational agencies for the carrying out by such agencies in schools which (A) are located in urban or rural areas, (B) have a high per-centage of children from low-income families, and (C) have a high percentage of such children who do not complete their secondary school education, of demonstration projects involving the use of innovative methods, systems, materials, or programs which show promise of reducing the number of such childivn who do not complete their secondary school education. " (b) I t is the purpose of this part to combine within a single authorization, subject to the modifications imposed by the provisions and requirements of this title, the programs authorized by titU' III (except for programs of testing, counseling, and guidance) and title V, and sections 807 and 808 of this Act, and funds appropriated to can-y out this part must be used only for the same purposes and for the funding of the same types of programs authorized under those provisions.
 * 'USE OF CULTURAL A N D EDUCATIONAL RESOURCES

20 USC 1832.

"euiturai and

education a l re sources."

"SEC. 432. Programs or projects supported pursuant to this part (other than those described in section 431(a)(3)) shall involve in the planning and carrying out thereof the participation of persons broadly representative of the cultural and educational resources of the arcE to bc servcd. The term 'cultural and educational resources' includes State educational agencies, local educational agencies, private nonprofit elementary and secondary schools, institutions of higher education, public and nonprofit private agencies such as libraries, museums, musical and artistic organizations, educational radio and television, and other cultural and educational resources." CONSOLIDATION OF CERTAIN FEDERALLY OPERATED EDUCATION

20 USC 331 note. Special Projects Act. 20 USC 1851 note.

SEC. 402. (a)(1) The Act of July 26, 1954 (Public Law 531, Eightythird Congress) is amended by striking out all after the enacting clause and inserting in lieu thereof the following: "That this Act may be cited as the 'Special Projects Act". "PURPOSE

20 USC 1851

PROGR.\MS

, •

"SEC. 2. I t is the purpose of this Act to authorize the Commissioner of Education (hereinafter referred to as the 'Commissioner') to carry out special projects— "(1) to experiment with new educational and administrative methods, techniques, and practices; "(2) to meet special or unique educational needs or problems; and "(3) to place special emphasis on national education priorities. "CONTRACTING AUTHORITY

20 USC 1852.

"SEC. 3. (a) The Commissioner is authorized, during the period beginning July 1, 1975, and ending June 30, 1978, to make contracts with public and private agencies, organizations, associations, institutions, and with individuals in order to carry out the purposes of this Act as set forth in section 2.

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