text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/617

 88 STAT. ]

573

PUBLIC LAW 93-380-AUG. 21, 1974

" (A) there is written, consent from the student's parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the student's parents and the student if desired by the parents, or " (B) such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency. "(3) Nothing contained in this section shall preclude authorized representatives of (A) the Comptroller General of the United States, (B) the Secretary, (C) an administrative head of an education agency or (D) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education program, or in connection with the enforcement of the Federal legal requirements which relate to such programs: Provided, That, except when collection of personally identifiable data is specifically authorized by Federal law, any data collected by such officials with respect to individual students shall not include information (including social security numbers) which would permit the personal identification of such students or their parents after the data so obtained has been collected. "(4)(A) With respect to subsections (c)(1) and (c)(2) and (c)(3), all persons, agencies, or organizations desiring access to the records of a student shall be required to sign a written form which shall be kept permanently with the file of the student, but only for inspection by the parents or student, indicating specifically the legitimate educational or other interest that each person, agency, or organization has in seeking this information. Such form shall be available to parents and to the school official responsible for record maintenance as a means of auditing the operation of the system. " (B) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. "(c) The Secretary shall adopt appropriate regulations to protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education, agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law. " (d) For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an, institution of postsecondary education the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student. "(e) No funds shall be made available under any applicable program unless the recipient of such funds informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section. " (f) The Secretary, or an administrative head of an education agency, shall take appropriate actions to enforce provisions of this section and to deal with violations of this section, according to the provisions of this Act, except that action to terminate assistance may

Records, accessibility for a u d i t.

Written r e q u e s t.

Surveys.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/618

 PUBLIC LAW 93-380-AUG. 21, 1974

574

Ante, p p. 568571. Effective date. 20 USC 1232g note. 20 USC 1232g note.

[88 STAT.

be taken only if the Secretary finds there has been a failure to comply with the provisions of this section, and he has determined that compliance cannot be secured by voluntary means. " (g) The Secretary shall establish or designate an office and review board within the Department of Health, Education, and Welfare for the purpose of investigating, processing, reviewing, and adjudicating violations of the provisions of this section and complaints which may be filed concerning alleged violations of this section, according to the procedures contained in sections 434 and 437 of this Act.". (b)(l)(i) The provisions of this section shall become effective ninety days after the date of enactment of section 438 of the General Education Provisions Act. (2)(i) This section may be cited as the "Family Educational Rights and Privacy Act of 1974". PROTECTION OF P U P I L RIGHTS

Ante,

p. 571,

SEC. 514. (a) Part C of the General Education Provisions Act is further amended by adding after section 438 the following new section: "PROTECTION OF P U P I L RIGHTS

20 USC 1232h.

Definition.

Effective date. 20 USC 1232h note.

"SEC. 439. All instructional material, including teacher's manuals, films, tapes, or other supplementary instructional material which will be used in connection with any research or experimentation program or project shall be available for inspection by the parents or guardians of the children engaged in such program or project. For the purpose of this section 'research or experimentation program or project' means any program or project in any applicable program designed to explore or develop new or unproven teaching methods or techniques.". (b) The amendment made by subsection (a) shall be effective upon enactment of this Act. LIMITATION ON WITHHOLDING OF FEDERAL F U N D S

Supra.

SEC. 515. (a) Part C of the General Education Provisions Act is further amended by adding after section 439 the following new section: LIMITATION ((.

20 USC 12321. Ante, p. 572.

Effective date. 20 USC 12321 note.

ON WITHHOLDING OF FEDERAL F U N D S

"SEC. 440. Except as provided in section 438(b)(1)(D) of this Act, the refusal of a State or local educational agency or institution of higher education, community college, school, agency offering a preschool program, or other educational institution to provide personally identifiable data on students or their families, as a part of any applicable program, to any Federal office, agency, department, or other third party, on the grounds that it constitutes a violation of the right to privacy and confidentiality of students or their parents, shall not constitute sufficient grounds for the suspension or termination of Federal assistance. Such a refusal shall also not constitute sufficient grounds for a denial of, a refusal to consider, or a delay in the consideration of, funding for such a recipient in succeeding fiscal years. In the case of any dispute arising under this section, reasonable notice and opportunity for a hearing shall be afforded the applicant.". (b) The amendment made by subsection (a) shall be effective upon enactment of this Act.

�

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


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/619

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

575

APPOINTMENT OF MEMBERS OF AND FUNCTIONING OF ADVISORY COUNCILS

SEC. 516. (a) Section 443 of the General Education Provisions Act ^o use ussb. is amended by inserting " (a) " after "Sec. 433." and by adding at the end thereof the following: "(b) Where the President fails to appoint a member to fill a vacancy in the membership of a Presidential advisory council within sixty days after it occurs (or after the effective date of the statute creating such council), then the Secretary shall immediately appoint a member to fill such vacancy.". date. (b) The amendment made by subsection (a) shall be effective upon Effective1233b 20 USC enactment of this Act. note. OTHER AMENDMENTS RELATING TO ADVISORY COUNCILS

SEC. 517. (a)(1) Section 445 of the General Education Provisions Act is amended by adding at the end thereof the following new 20 USC 1233d. subsection: " (d) No employee of an advisory council, appointed and compensated pursuant to this section, shall be compensated at a rate in excess of that which such employee would receive if such employee were appointed subject to the appropriate provisions of title 5, United States Code, regarding appointments to, and compensation with ^ use 101 et respect to, the competitive service, except that— ^^* "(1) executive directors of Presidential advisory councils shall be compensated at the rate specified for employees placed in grade 18 of the General Schedule set forth in section 5332 of such title 5; 5 USC 5332 "(2) executive directors of all other statutory advisory coun- "°*^* cils shall be compensated at the rate provided for employees in grade 15 of such General Schedule; and " (3) in accordance with regulations promulgated by the Assistant Secretary, other employees of advisory councils shall be compensated at such rates as may be necessary to enable such advisory councils to accomplish their purposes.". (2) Such section 445 is amended by striking out "Commissioner" where it appears and inserting in lieu thereof "Assistant Secretary." (b) Section 447(b) of the General Education Provisions Act is 20 USC i233f. amended by striking out "each statutory advisory council" and inserting in lieu thereof "each advisory council which is subject to the operation of this part". RELATION TO OTHER LAWS

SEC. 518. (a) Part D of the General Education Provisions Act is amended by adding at the end thereof the following new section:

20 USC 1233.

" R E L A T I O N TO OTHER LAWS

"SEC. 449. (a) No provision of any law establishing, authorizing the ^o use 123311. establishment of, or controlling the operation of, an advisory council which is not consistent with the provisions of this part shall apply to any advisory council to which this part applies. " (b) The provisions of subsections (e) and (f) of section 10 of the Federal Advisory Committee Act shall not apply to Presidential advisory councils (as defined in section 441)." (b) The amendment made by subsection (a) shall be effective upon note."^*^ ^^^^^ enactment of this Act.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/620

 576

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

OFFICE OF LIBRARIES AND LEARNING RESOURCES

fo usc^^aTu'*

^^^' ^^^' (^) There is established, in the Office of Education, an Office of Libraries and Learning Resources (hereafter in this section referred to as the "Office"), through which the Commissioner shall administer all programs in the Office of Education related to assistance for, and encouragement of, libraries and information centers and education technology. (b) The Office shall be headed by a Director, to whom the Commissioner shall delegate his delegable functions with respect to the programs administered through the Office. TITLE VI — E X T E N S I O N AND R E VI S I O N OF R E L A T E D ELEMENTARY AND SECONDARY EDUCATION PROGRAMS PART A—ADULT EDUCATION DEFINITION OP

20 USC 1202.

COMMUNITY SCHOOL PROGRAM

SEC. 601. Section 303 of the Adult Education Act is amended by (1) redesignating subsections (e), (f), (g), (h), and (i), and all references thereto, as subsections (f), (g), (n), (i), and (j), respectively, and (2) inserting after subsection (d) the following new subsection: "(e) The term 'community school program' is a program in which a public building, including but not limited to a public elementary or secondary school or a community or junior college, is used as a community center operated in conjunction with other groups in the community, community organizations, and local governmental agencies, to provide educational, recreational, cultural, and other related community services for the community that center serves in accordance with the needs, interests, and concerns of that community.". SPECIAL P R O J E C T S RESERVATION ELIMINATED

20 USC 12 03.

Sec. 602. Section 304 of the Adult Education Act is amended (1) by striking out subsection (a), and (2) by striking out in subsection (b) the following: "(b) From the remainder of such sums, the" and inserting in lieu thereof "The". NEW STATE PLAN REQUIREMENTS

20 USC 1205.

SEC. 603. (a) Section 306 of the Adult Education Act is amended by redesignating clauses (6), (7), (8), and (9), and all references thereto, as clauses (8), (9), (10), and (11), respectively, and by inserting after clause (5) of such section the following new clauses: (6) provide for cooperation with manpower development and training programs and occupational education programs, and for coordination of programs carried on under this title with other programs, including reading improvement programs, designed to provide reading instruction for adults carried on by State and local agencies; " (7) provide that such agency will make available not to exceed 20 per centum of the State's allotment for programs of equivalency for a certificate of graduation from a secondary school;", (b) Section 306(a)(1) of such Act is amended by inserting after "adult population" the following: ", including institutionalized persons," and by inserting before the semicolon at the end thereof a

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/621

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

577

comma and the following: "That not to exceed 20 per centum of the funds used to carry out this Act for any fiscal year may be used for the education of institutionalized persons". USE OF FUNDS FOR SPECIAL PROJECTS

SEC. 604. Section 309 of the Adult Education Act is amended to read as follows: "USE

OF F U N D S FOR

SPECIAL EXPERIMENTAL DEMONSTRATION

^° ^^^ ^^°^'

PROJECTS

AND TEACHER TRAINING

"SEC. 309. Of the funds allotted to a State under section 305 for a fiscal year, not less than 15 per centum shall be used for— "(1) special projects which will be carried out in furtherance of the purposes of this title, and which— " (A) involve the use of innovative methods, systems, materials, or programs which may have national significance or be of special value in promoting effective programs under this title, or " (B) involve programs of adult education which are part of community school programs, carried out in cooperation with other Federal, federally assisted. State, or local programs which have unusual promise in promoting a comprehensive or coordinated approach to the problems of persons with educational deficiences; and "(2) training persons engaged, or preparing to engage, as personnel in programs designed to carry out the purposes of this title.". CLEiVRINGHOUSE ON ADULT EDUCATION

SEC. 605. The Adult Education Act is amended by inserting immediately after section 309 thereof the following new section:

supra.

u CLEARINGHOUSE ON ADULT EDUCATION

" S E C 309A. The Commissioner shall establish and operate a clearinghouse on adult education, which shall collect and disseminate to the public information pertaining to the education of adults and adult education programs, together with ways of coordinating adult education programs with manpower and other education prog-rams. The Commissioner is authorized to enter into contracts with public agencies or private organizations to operate the clearinghouse established or designated under this section.".

20 USC 1208-1,

contract

authority.

STATE ADVISORY COUNCILS

SEC. 606. The Adult Education Act is amended by inserting immediately after section 310 thereof the following new section: "STATE ADVISORY COUNCILS

"SEC. 310A. (a) Any State which receives assistance under this title may establish and maintain a State advisory council, or may designate and maintain an existing State advisory council, which shall be, or has been, appointed by the Governor or, in the case of a State in which members of the State board which governs the State education agency are elected (including election by the State legislature), by such board.

20 USC 1208b.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/622

 578

Ante, Infra.

PUBLIC LAW 93-380-AUG. 21, 1974

p. 576;

Annual report. 20 USC 1208a.

[88 STAT.

" (b)(1) Such a State advisory council shall include as members persons who, by reason of experience or training, are knowledgeable in the field of adult education or who are officials of the State educational agency or of local educational agencies of that State, persons who are or have received adult educational services, and persons who are representative of the general public. ''(2) Such a State advisory council, in accordance with regulations prescribed by the Commissioner, shall— " (A) advise the State educational agency on the development of, and policy matters arising in, the administration of the State plan approval pursuant to section 306; " (B) advise with respect to long-range planning and studies to evaluate adult education programs, services, and activities assisted under this Act; and " (C) prepare and submit to the State educational agency, and to the National Advisory Council for Adult Education established pursuant to section 310, an annual report of its recommendations, accompanied by such additional comments of the State educational agency as that agency deems appropriate. "(c) Upon the appomtment of any such advisory council, the appointing authority under subsection (a) of this section shall inform the Commissioner of the establishment of, and membership of, its State advisory council. The Commissioner shall, upon receiving such information, certify that each such council is in compliance with the membership requirements set forth in subsection (b)(1) of this section. " (d) Each such State advisory council shall meet within thirty days after certification has been accepted by the Commissioner under subsection (c) of this section and select from among its membership a chairman. The time, place, and manner of subsequent meetings shall be provided by the rules of the State advisory council, except that such rules shall provide that each such council meet at least four times each year, including at least one public meeting at which the public is given the opportunity to express views concerning adult education. "(e) Each such State advisory council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable them to carry out their functions under this section.". AMENDMENTS RELATING TO BILINGUAL EDUCATION

Ante,

p. 576.

Ante, p. 504.

Ante, p. 5 0 3. 20 USC 1241 note. 20 USC 1208.

SEC. 607. (a) Section 306(a) of the Adult Education Act is amended by striking out "and" at the end of clause (10) of such section, by redesignating clause (11), and all references thereto, as clause (12), and by adding after clause (10) the following new clause: "(11) provide that special assistance be given to the needs of persons of limited English-speaking ability (as defined in section 703(a) of title VII of the Elementary and Secondary Education Act of 1965), by providing bilingual adult education programs in which instruction is given in English and, to the extent necessary to allow such persons to progress effectively through the adult education program, in the native language of such persons, carried out in coordination with programs of bilingual education assisted under such title VII and bilingual vocational education programs under the Vocational Education Act of 1963; and" (b)(1) Section 309(b)(1) of such Act is amended by inserting a comma and "including methods for educating persons of limited English-speaking ability" immediately after "methods".

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/623

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

579

(2) Section 309(b)(2) of such Act is amended by inserting a comma ^° ^^^ ^^°^' and "including education for persons of limited English-speaking ability" immediately after "education". (3) Section 311(b) of such Act is amended by inserting a comma ^^ "^^ ^^09. and "including education for persons of limited English-speaking ability in which instruction is given in English and, to the extent necessary to allow such persons to progress effectively through the adult education program, in the native language of such persons" immediately after "adult education". EXTENSION o r

AUTHORIZATIONS OF APPROPRIATIONS; AMENDMENTS

TECHNICAL

SEC. 608. (a) Section 313(a) of the Adult Education Act is 20 USC 1211. amended— (1) by striking out "section 310" and inserting in lieu thereof "sections 310 and 314"; (2) by striking out the word "and" after "June 30, 1971,"; and (3) by inserting after "June 30, 1973," the following: "$150,000,000 for each of the fiscal years ending June 30, 1974, and June 30, 1975, $175,000,000 for the fiscal year ending June 30, 1976, and $200,000,000 for each of the fiscal years ending June 30, 1977, and June 30, 1978: Provided, That, effective with respect to fiscal years after June 30, 1974, grants to each State under section 305 shall not be less than 90 per centum of the grants made to such State agencies in fiscal year 1973." (b) Section 314(d) of such Act, is amended by striking out "two" 20 USC 1211a. and inserting after "years" the following: "ending prior to July 1, 1978". EFEECTIVE DATES

SEC. 609. (a) The amendments made by this part shall be effective ^2° use 1202 note. on the date of enactment of this Act, except that— (1) the amendments made by section 608 shall be effective on and after July 1', 1973; and (2) the amendments made by sections 603 and 607 shall be effective on, and with respect to appropriations for fiscal years beginning after June 30, 1973. (b) The amendments made by sections 603 and 604 shall not take effect with respect to any multi-year program or project approved prior to the date of enactment of this Act. PART B—EDUCATION or THE HANDICAPPED SHORT

TITLE

Educa n SEC. 611. This title may be cited as the "Education of the Handi- Handicat i oed of the capped Amendments of 1974". Amend'menrs of B U R E A U FOR THE EDUCATION A N D T R A I N I N G OF THE H A N D I C A P P E D

1974. 20 USC 1402 note.

SEC. 612. (a) Section 603 of the Education of the Handicapped Act ^o use 1402. is amended by inserting " (a) " after "SEC. 603." and by adding at the end thereof the following new subsection: " (b)(1) The Bureau established under subsection (a) shall be headed by a Deputy Commissioner of Education who shall be appointed by the Commissioner, who shall report directly to the Commissioner, be compensated at the rate specified for, and placed in, grade 18 of the General Schedule set forth in section 5332 of title 5, United States Code. s use 5332

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/624

 580

PUBLIC LAW 93-380-AUG. 21, 1974

^^s^usc 5332 "°2o*usc 1402 "°l!,\^ e-7o Ante,

p. 579.

Effective date. 20 USC 1402

note.

" (2) I n addition to such Deputy Commissionerj there shall be placed in such Bureau five positions for persons to assist the Deputy Commissioner in carrying out his duties, including the position of Associate Deputy Commissioner, and such positions shall be placed in grade 16 of the General Schedule set forth in section 5332 of title 5, United states Code.". (b)(1) The positions created by subsection (b) of section 603 of the Education of the Handicapped Act shall be in addition to the number of positions placed in the appropriate grades under section 5108 of title 5, United States Code, and such positions shall be in addition to, and without prejudice against, the number of positions otherwise placed in the Office of Education under such section 5108 or under other law. Nothing in this section shall be deemed as limiting the Commissioner from assigning additional General Schedule positions in grades 16, IT, and 18 to the Office should he determine such additions to be necessary to operate programs for educating handicapped children authorized by this Act. (2) The amendments made by subsection (a) shall become effective upon the enactment of this Act ADVISORY

20 USC 1403.

[88 STAT.

COMMITTEE

SEC. 613. (a) Section 604(b) of the Education of the Handicapped Act is amended by adding at the end thereof the following new sentence: "The Advisory Committee shall continue to exist until July 1, 1977.". (b) Section 604 of such Act is amended by adding at the end thereof the following new subsection: "(c) There are authorized to be appropriated for the purposes of this section $100,000 for the fiscal year ending June 30, 1974, and for each of the three succeeding fiscal years.". STATE ENTITLEMENTS

Effective date. 20 USC 1411

g^Q 614. (a) Effcctlvc for fiscal year 1975 only, section 611 of the Education of the Handicapped Act is amended to read as follows:

and note.

"GRANTS TO STATES FOR EDUCATION or HANDICAPPED CHILDREN

20 USC 1412.

"State."

"SEC. 611. (a) The Commissioner shall, in accordance with the provisions of this part, make payments to States for the purpose of assisting the States in the initiation, expansion, and improvement of programs and projects for the education of handicapped children at the preschool, elementary school, and secondary school levels in order to provide full educational opportunities to all handicapped children. Such payments may be used for the early identification and assessment of handicapping conditions in children under three years of age. " (b)(1) Subject to the provisions of section 612, the maximum amount of the grant to which a State shall be entitled under this part shall be equal to— " (A) the number of children aged three to twenty-one inclusive, in that State in the most recent fiscal year for which satisfactory data are available; multiplied by— " (B) $8.75. «^2) For the purpose of this subsection, the term 'State' does not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/625

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

581

"(c)(1) The jurisdictions to which this subsection applies are the Commonwealth of Puerto Kico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. " (2) Each jurisdiction to which this subsection applies shall, for the fiscal year ending June 30, 1975, be entitled to a grant in an amount equal to an amount determined by the Commissioner, in accordance with criteria established by regulations, needed to initiate, expand, or improve programs and projects for the education of handicapped children at the preschool, elementary school, and secondary school levels, in that jurisdiction, except that the aggregate of the amount to which such jurisdictions are so entitled for any fiscal year shall not exceed an amount equal to 2 per centum of the aggregate of the amounts to which all States are entitled under subsection (b) of this section for that fiscal year. If the aggregate of the amounts, determined by the Commissioner pursuant to the preceding sentence, to be so needed for any fiscal year exceeds an amount equal to such 2 per centum limitation, the entitlement of each such jurisdiction shall be reduced proportionately until such aggregate does not exceed such 2 per centum limitation. Indian " (d) The Commissioner is authorized for the fiscal year ending tion s c h oroelsse. r v a June 30, 1975, to make payments to the Secretary of the Interior assistance. according to the need for such assistance for the education of handicapped children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior, and the terms upon which payments for such purposes shall be made to the Secretary of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this part. The amount of such payment for any fiscal year shall not exceed 1 per centum of the aggregate amounts to which States are entitled under subection (b) of this section for that fiscal year.". (b) Effective for fiscal year 1975 only, section 612 of such Act is Effective date. amended to read as follows: 20 USC 1412 and note.

a ALLOCATIONS OF APPROPRIATIONS

"SEC. 612. (a) Sums appropriated for the fiscal year ending June 30, 1975, shall be made available to States and allocated to each State, on the basis of unsatisfied entitlements under section 611, in an amount equal to the amount it received from the appropriation for this part for the fiscal year 1974. " (b) Any sums appropriated to carry out this part for any fiscal year which remain after allocations under subsection (a) of this section shall be made to States in accordance with entitlements created under section 611 (to the extent that such entitlements are unsatisfied) ratably reduced. "(c) In the event that funds become available for making payments under this part for any fiscal year after allocations have been made under subsections (a) and (b) for that year, the amounts reduced under subsection (b) shall be increased on the same basis as they were reduced.". (c) Effective for fiscal year 1975 only, section 613(a) of such Act is amended by striking out "desires to receiA^e grants" in the first sentence of such subsection and inserting in lieu thereof "is entitled to receive payments". (d) Section 613(a) of such Act is further amended by (1) striking out the word "and" at the end of paragraph (10), (2) by striking out the period at the end of paragraph (11) and inserting in lieu thereof a semicolon, and (3) by adding at the end thereof the following two paragraphs:

?H_iQ<i n - 7R - An

^"'®' P- ^SO

20 USC 1413 and note.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/626

 582

Ante, p. 580.

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

"(12)(A) establish a goal of providing full educational opportunities to all handicapped children, and (B) provide for a procedure to assure that funds expended under this part are used to accomplish the goal set forth m (A) of this paragraph and priority in the utilization of funds under this part will be given to handicapped children who are not receiving an education; and "(13) provide procedures for insuring that handicapped children and their parents or guardians are guaranteed procedural safeguards in decisions regarding identification, evaluation and educational placement of handicapped children including, but not limited to (A)(i) prior notice to parents or guardians of the child when the local or State educational agency proposes to change the educational placement of the child, (ii) an opportunity for the parents or guardians to obtain an impartial due process hearing, examine all relevant records with respect to the classification or educational placement of the child, and obtain an independent educational evaluation of the child, (iii) procedures to protect the rights of the child when the parents or guardians are not known, unavailable, or the child is a ward of the State including the assignment of an individual (not to be an employee of the State or local educational agency involved in the education or care of children) to act as a surrogate for the parents or guardians, and (iv) provision to insure that the decisions rendered in the impartial due process hearing required by this paragraph shall be binding on all parties subject only to appropriate administrative or judicial appeal; and (B) procedures to insure that, to the maximum extent appropriate, handicapped children, including children in public or private institutions or other care facilities, are educated with children who are not handicapped, and that special classes, separate schooling, or other removal of handicapped children from the regular education environment occurs only when the nature or severity of the handicap is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily; and (C) procedures to insure the testing and evaluation materials and procedures utilized for the purposes of classification and placement of handicapped children will be selected and administered so as not to be racially or culturally discriminatory.". (^^ (j) Section 611(a) of the Education of the Handicapped Act

is amended by inserting before the period the following: "in order to provide full educational opportunity to air handicapped children". (2) Subsection (b) of section 6 l i of the Education of the Handicapped Act is amended to read as follows: "(b) For the purpose of making grants under this part, there are authorized to be appropriated $100,000,000 for the fiscal year ending June 30, 1976, and $110,000,000 for the fiscal year ending June 30, 1977.". Effective date. ^3^ ^j^g amendment made by subsection (e) shall become effective note. and shall be deemed to have been enacted on July 1, 1975. 20 USC 1412. (f)(1) Section 612(a)(1)(B) of such Act is amended by striking out "1973" and inserting in lieu thereof "1977". Effective date. ^2) The amendment made by this subsection shall be effective on 20 USC 1412 note. and after July 1, 1973. ADDITIONAL STATE PLAN REQUIREMENT

Effective date. 20 USC 1412

and note

gj,c, 615. (a)(1) Effective on and after July 1, 1975, section 612(a) (2) of the Education of the Handicapped Act is amended by striking out "$200,000" and inserting in lieu thereof "$300,000".

�


text:
Page:Folk-lore - A Quarterly Review. Volume 10, 1899.djvu/78

52 transparent crystal of vast magnitude" with "a great many beautiful pillars of crystal, handsomely carved, and emitting prismatic colours," he says: "This description of the Godhead bears a striking resemblance to the description in the 3rd verse of the 4th chapter of Revelations (sic). They believe in the existence of a Son of God, equal with him in omniscience, and but slightly inferior to his Father in any attribute. Him they call 'Grogoragally.' His divine office is to watch over the actions of mankind, and to bring to life the dead to appear before the judgment-seat of his Father, who alone pronounces the awful judgment of eternal happiness m heaven ('Ballima') or eternal misery in 'Oorooma' (hell), which is a place of everlasting fire (gumby). . . . The Son watches the actions of men, and quickens the dead immediately upon their earthly interment. He acts as mediator for their souls to the great God, to whom the good and bad actions of all are known. . . . He does not seem in their belief to be coequal with his Father;. . . his office seems chiefly to be to bring at the close of every day the spirits of the dead from all parts of the world to the judgment-seat of his Father, where alone there is eternal day. There he acts as intercessor for those who have only spent some portion of their lives in wickedness. Boyma, listening to the mediation of his Son, allows Grogorogally to admit some such into Ballima." These extracts, given verbatim et literatim, disclose the attitude of Mr. Manning's mind. His phraseology, and even his capital letters, are chosen for the purpose of conveying to the reader's mind the elements of Christian theology, he thinks he has discovered in the beliefs of "the aborigines of New Holland." His mind was so imbued with Christian conceptions that probably he could not do otherwise. Anyhow, is obvious that there is a great deal


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/627

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

583

(2) Effective on and after July 1, 1975, section 612(a) of such Act ^olVcU^T' is amended by inserting at the end thereof the following new para- and note. graph: " (3) No State shall, in any fiscal year, be required to expend amounts allotted pursuant to this section to carry out the provisions of paragraph (1) of section 613(b) unless that State receives an amount 20 USC 1413. greater than the amount allotted to that State for the fiscal year ending June 30, 1973.". (b) Section 613(a)(1) of such Act is amended by striking out "$100,000" and inserting in lieu thereof "$200,000". (c)(1) Section 613 of such Act is amended by redesignating subsections (b), (c), and (d) of such section, and all references thereto, as subsections (c), (d), and (e), respectively, and by inserting after subsection (a) the following: "(b)(1) Any State which desires to receive a grant under this part for any fiscal year beginning after June 30, 1975, shall submit to the Commissioner for approval not later than one year after the enactment of the Education of the Handicapped Amendments of 1974, through ^"'e» P- 579. its State educational agency an amendment to the State plan required under subsection (a), setting forth in detail the policies and procedures which the State will undertake in order to assure that ^ " (A) all children residing in the State who are handicapped regardless of the severity of their handicap and who are in need of special education and related services are identified, located, and evaluated, including a practical method of determining which children are currently receiving needed special education and related services and which children are not currently receiving. needed special education and related services; " (B) policies and procedures will be established in accordance with detailed criteria prescribed by the Commissioner to protect the confidentiality of such data and information by the State; " (C) there is established (i) a goal of providing full educational opportunities to all handicapped children, (ii) a detailed timetable for accomplishing such a goal, and (iii) a description of the kind and number of facilities, personnel, and services necessary throughout the State to meet such a goal; and " (D) the amendment submitted by the State pursuant to this subsection shall be available to parents and other members of the general public at least thirty days prior to the date of submission of the amendment to the Commissioner. For the purpose of this part, any amendment to the State plan required by this subsection and approved by the Commissioner shall be considered, after June 30, 1975, as a required portion of the State plan. "(2) The requirement of paragraph (1) of this subsection shall not be effective with respect to any fiscal year in which the aggregate of the amounts allotted to the States for this part for that fiscal year is less than $45,000,000.". (2) Section 613(e)(1) of such Act (as redesignated by this section) is amended by striking out "subsection (c) " and inserting in lieu thereof "subsection (d) ". da (d) The amendment made by subsections (a)(1) and (b) of this Effective1412 t e. 20 USC section shall be effective in any fiscal year for which the aggregate of note. the amounts allotted to the States for that fiscal year for carrying out part B of the Education of the Handicapped Act is $45,000,000 or 20 USC 14n more.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/628

 584

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

REGIONAL EDUCATION PROGRAMS FOR DEAF A N D OTHER H A N D I C A P P E D PERSONS

1426^^^ ^^^^'

SEC. 616. Part C of the Education of the Handicapped Act is amended by redesignating sections 625 and 626 thereof as sections 626 and 627, respectively, and by inserting a new section as follows: "REGIONAL EDUCATION PROGRAMS

20 USC 1424a.

"Handicapped persons."

"SEC. 625. (a) The Commissioner is authorized to make grants to or contracts with institutions of higher education, including junior and community colleges, vocational and technical institutions, and other appropriate nonprofit educational agencies for the development and operation of specially designed or modified programs of vocational, technical, postsecondary, or adult education for deaf or other handicapped persons. "(b) In making grants or contracts authorized by this section the Commissioner shall give priority consideration to— "(1) programs serving multistate regions or large population centers; "(2) programs adapting existing programs of vocational, technical, postsecondary, or adult education to the special needs of handicapped persons; and "(3) programs designed to serve areas where a need for such services is clearly demonstrated. "(c) For purposes of this section, the term 'handicapped persons' means persons who are mentally retarded, hard of hearing, deai, speech impaired, visually handicapped, emotionally disturbed, crippled, or in other ways health impaired and by reason thereof require special education programming and related services.". CENTERS AND SERVICES

SEC. 617. Section 627 of the Education of the Handicapped Act (as redesignated by section 616) is amended to read as follows: "AUTHORIZATION OF APPROPRIATIONS 20 USC 1426.

"SEC. 627. There are authorized to be appropriated to carry out the provisions of section 621, $12,500,000 for the fiscal year ending June 30, 1975, $18,000,000 for the fiscal year ending June 30, 1976, and $19,000,000 for the fiscal year ending June 30, 1977. There are authorized to be appropriated to carry out the provisions of section 622, $15,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for the fiscal year ending June 30, 1976, and for the succeeding fiscal year. There are authorized to be appropriated to carry out the provisions of section 623, $25,500,000 for the fiscal year ending June 30, 1975, $36,000,000 for the fiscal year ending June 30, 1976, and $38,000,000 for the fiscal year ending June 30, 1977. There are authorized to be appropriated to carry out the provisions of section 625, $1,000,000 for the fiscal year ending June 30, 1975, and such sums as may be necessary for each of the two succeeding fiscal years.". PERSONNEL TRAINING

20 USC 1436.

SEC. 618. Section 636 of the Education of the Handicapped Act is amended to read as follows:

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/629

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974 ii

585

AUTHORIZATION OF APPROPRIATIONS

"SEC. 636. There are authorized to be appropriated for carrying out the provisions of this part (other than section 633) $45,000,000 for the fiscal year ending June 30, 1975, $52,000,000 for the fiscal year ending June 30, 1976, and $54,000,000 for the fiscal year ending June 30, 1977. There are authorized to be appropriated to carry out the provisions of section 633, $500,000 for each of the fiscal years ending June 30, 1975, and June 30, 1976, and $1,000,000 for the fiscal year ending June 30, 1977.". RESEARCH

SEC. 619. Section 644 of the Education of the Handicapped Act is amended to read as follows:

20 USC 1444.

((AUTHORIZATION OF APPROPRIATIONS "SEC. 644. For the purpose of carrying out this part, there are authorized to be appropriated $15,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for each of the fiscal years ending June 30, 1976, and June 30, 1977." INSTRUCTIONAL MEDIA

SEC. 620. (1) Sections 652(b)(3), 652(b)(4), and 652(b)(5) of the Education of the Handicapped Act are each amended by inserting ", by grant and contract," after "provide". (2) Section 654 of such Act is amended to read as follows:

20 USC 1452.

20 USC 1454.

AUTHORIZATION OP APPROPRIATIONS

"SEC. 654. For the purposes of carrying out this part there are hereby authorized to be appropriated not to exceed $18,000,000 for the fiscal year ending June 30, 1975, and $22,000,000 for the fiscal year ending June 30, 1976, and for each succeeding fiscal year thereafter." sPKCiP^c L E A R N I N G

DISABILITIES

SEC. 621. Section 661(c) of the Education of the Handicapped Act is 20 USC i46i. amended to read as follows: "(c) For the purpose of making grants and contracts under this section there are authorized to be appropriated $10,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for each of the fiscal years ending June 30, 1976, and June 30, 1977." PART C — I N D I A N EDUCATION EXTENSION

OF

PROGRAMS

FOR

THE

EDUCATION

OF

INDIAN

CHILDREN

SEC. 631. (a) Section 810(g) of the Elementary and Secondary Education Act of 1965 is amended by striking out "two succeeding 20 USC 887c. fiscal years" and inserting in lieu thereof "succeeding fiscal years ending prior to July 1, 1978". (b) Section 303(a)(1) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as added by the Indian Education 2° "^^ 2'*^^*'Act, is amended by striking out "July 1, 1975" 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. 20 USC ssvc •'

'

note.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/630

 586

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

REVISION OF P]10GRAMS RELATING TO I N D I A N EDUCATION

20 USC 887c.

20 USC 241bb. 20 USC 821 note.

SEC. 632. (a) Section 810(f) of the Elementary and SecondaryEducation Act of 1965 is amended by inserting after the third sentence the following new sentence: "The Commissioner shall not approve an application for a grant under subsection (b), (c), or (d) unless he is satisfied that such an application, to the extent consistent with the number of eligible children in the area to be served who are enrolled in private nonprofit elementary and secondary schools whose needs are of the type which the program is intended to meet, makes provision for the participation of such children on an equitable basis.". (b) Section 303(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "5 per centum" and inserting in lieu thereof "10 per centum". (c) Part B of the Indian Education Act is amended by adding at the end thereof the following new sections: "SPECIAL

20 USC 887C-1.

EDUCATIONAL

T R A I N I N G PROGRAMS FOR TEACHERS OF CHILDREN

"SEC. 422. (a) The Commissioner is authorized to make grants to and enter into contracts with institutions of higher education, Indian organizations, and Indian tribes for the purpose of preparing individuals for teaching or administering special programs and projects designed to meet the special educational needs of Indian children and to provide in-service training for persons teaching in such programs. Priority shall be given to Indian institutions and organizations. I n carrying out his responsibilities under this section, the Commissioner is authorized to award fellowships and traineeships to individuals and to make grants to and to enter into contracts with institutions of higher education, Indian organizations, and Indian tribes for cost of education allowances. In awarding fellowships and traineeships under this section, the Commissioner shall give preference to Indians. "(b) In the case of traineeships and fellowships, the Commissioner is authorized to grant stipends to, and allowances for dependents of, persons receiving traineeships and fellowships. "(c) There is authorized to be appropriated $2,000,000 i o r the fiscal year ending June 30, 1975, and for each of the three succeeding fiscal years to carry out the provisions of this section. ((F E L L O W S H I P S

20 USC 887c-2.

INDIAN

FOR I N D I A N

STUDENTS

"SEC. 423. (a) During the fiscal year ending June 30, 1975, and each of the three succeeding fiscal years, the Commissioner is authorized to award not to exceed two himdrcd fellowships to be used for study in graduate and professional programs at institutions of higher education. Such fellowships shall be awarded to Indian students in order to enable them to pursue a course of study of not less than three, nor more than foui', academic years leading toward a professional or.fyaduate degree in engineering, medicine, law, business, forestry and related fields. In addition to the fellowships authorized to be awarded in the first sentence of this subsection, the Commissioner is authorized to award a number of fellowships equal to the number previously awarded during any fiscal year under this subsection but vacated prior to the end of the period during which they were awarded, except that each fellowship so awarded shall be only for a period of study not in excess of the remainder of the period of time for which the fellowship it replaces was awarded, as the Commissioner may determine.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/631

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

587

" (b) The Commissioner shall pay to persons awarded fellowships under this subsection such stipends (including such allowances for subsistence of such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. "(c) The Commissioner shall pay to the institution of higher education at which the holder of a fellowship under this subsection is pursuing a course of study, in lieu of tuition charged such holder, such amounts as the Commissioner may determine to cover the cost of education for the holder of such a fellowship.". (d) The amendments made by this section shall be effective on and Effective date. 20 USC 887c after July 1, 1974. note PART D—EMERGENCY SC'HGOL A I D EXTENSION OF THE EMERGENCY SCHOOL AID ACT

SEC. 641. (a) Section 704(a) of the Emergency School Aid Act (title VII of Public Law 92-318) is amended by striking out "for the fiscal year ending June 30, 1974" and inserting m lieu thereof "for the period ending June 30, 1976". (b) With respect to the fiscal year ending June 30, 1976, the authorization level for the Emergency School Aid Act shall, for the purposes of section 414 of the General Education Provisions Act, be equal to the amount appropriated for the purposes of the Emergency School Aid Act for the fiscal year ending June 30, 1976.

20 USC 1603.

20 USC 1603 note.

20 USC 1601 note. Ante,

p,, 5 6 3.

REPEAL OF RESERVATION FOR CERTAIN METROPOLITAN PROJECTS

SEC. 642. (a) Section 704(b) of the Emergency School Aid Act is amended by striking'out paragraph (1) and by striking out " (2) " of such section. (b) The matter preceding paragraph 1 of section 709(a) of such Act is amended to read as follows: "Sums available to the Secretary under section 708 for metropolitan area projects shall be available for the following purposes:".

20 USC 1608.

20 USC leo:

AMENDMENT WITH RESPECT TO ELIGIBILITY

SEC. 643. (a) Section 706(a) of the Emergency School Aid Act is amended (1) by striking out paragraph (3), (2) by striking out the period at the end of paragraph (1)(D) and inserting, "; or" and (3) by adding at the end of such paragraph (1) the following: " (E) which will establish or maintain one or more integrated schools as defined in section 720(7) and which— " (i) has a sufficient number of minority group children to comprise more than 50 per centum of the number of children in attendance at the schools of such agency, and "(ii) has agreed to apply for an equal amount of assistance under subsection (b). " (b) Section 706(b) of such Act is amended by inserting " (1) " after "subsection (a) ". (c) Section 710(c) of such Act is amended by inserting in paragraph (2) after " ( i i i) " the following: "or under section 706(a)(1) (E) ". In the same paragraph insert "or activity" after "plan" the second time it appears. (d) Section <20(7) of ifuch Act is amended by striking "section 706(a)(3) " and by inserting "section 706(a)(1)(E) ".

20 USC 160;

20 USC 1619.

20 USC 1609.

^"P'^-

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/632

 588

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

SPECIAL PROJECTS FOR THE TEACHING OF MATHEMATICS 20 USC 1607.

SEC. 644. Section 708(a) of such Act is amended by adding at the end thereof the following new paragraph: "(3) The Assistant Secretary is authorized to make grants to, and contracts with, one or more private, nonprofit agencies, institutions, or organizations, for the conduct, in cooperation with one or more local educational agencies, of special programs for the teaching of standard mathematics to children eligible for services under this Act through instruction in advanced mathematics by qualified instructors with bachelor degrees in mathematics, or the mathematical sciences from colleges or other institutions of higher education, or equivalent experience." AMENDMENT RELATING TO NONPROFIT GROUPS

20 USC 1605.

SEC. 645. Section 708(b) of the Elementary School Aid Act is amended by striking out ''706 (a) " both times it appears in such section and inserting in lieu thereof "706" in each instance. EFFECTIVE DATE

20 USC 1603 note.

S E C 646. The amendments made by and the provisions of this part shall be effective on and after July 1, 1974, and with respect to appropriations for fiscal years beginning on and after such date except that the provisions of section 641(b) shall be effective only with respect to fiscal year 1977. PART E—NATIONAL DEFENSE EDUCATION ACT EXTENSION OF TITLE III

20 USC 441.

Ante, p. 542. Effective date 20 USC 441

note.

S E C 651. (a) Section 301 of the National Defense Education Act of 1958 is amended by striking out "1975" both times it appears and inserting "1977" in lieu thereof, by striking out "for the fiscal year ending" after "$130,500,000" in the first sentence, and by inserting in lieu thereof "for each of the fiscal years ending prior to", and by adding at the end thereof the following new sentence: "Notwithstanding the preceding two sentences, no funds are authorized to be appropriated for obligation during any year for which funds are available for obligation for carrying out part B of title IV of the Elementary and Secondary Education Act of 1965." (b) The amendment made by this section shall be effective on and after July 1, 1974. TITLE VII—NATIONAL READING IMPROVEMENT PROGRAM STATEMENT or

20 USC 1901.

PURPOSE

S E C 701. I t is the purpose of this title— (1) to provide financial assistance to encourage State and local educational agencies to undertake projects to strengthen reading instruction programs in elementary grades; (2) to provide financial assistance for the development and enhancement of necessary skills of instructional and other educational staff for reading programs; (3) to develop a means by which measurable objectives for reading programs can be established and progress toward such objectives assessed;

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/633

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21. 1974

589

(4) to develop the capacity of preelementary school children for reading, and to establish and improve preelementary school programs in language arts and reading; and (5) to provide financial assistance to promote literacy among youth and adults. PART A—READING IMPROVEMENT PROJECTS PROJECTS A U T H O R I Z E D

SEC. 705. (a)(1) The Commissioner is authorized to enter into agreements with either State educational agencies or local educational agencies, or both, for the carrying out by such agencies, in schools having large numbers or a high percentage of children with reading deficiencies, of projects involving the use of innovative methods, systems, materials, or programs which show promise of overcoming such reading deficiencies. (2) The Commissioner is further authorized to enter into agreements with State educational agencies, local educational agencies, or with nonprofit educational or child care institutions for the carrying out by such agencies and institutions, in areas where such schools are located, of such projects for preelementary school children. Such projects are to be instituted in kindergartens, nursery schools, or other preschool institutions. (b) No agreement may be entered into under this part, unless upon an application made to the Commissioner at such time, in such manner, and including or accompanied by such information as he may reasonably require. Each such application shall set forth a reading program which provides for— (1) diagnostic testing designed to identify preelementary and elementary school children with readitig deficiencies, including the identification of conditions which, without appropriate other treatment, can be expected to impede or prevent children from learning to read; (2) planning for and establishing comprehensive reading programs; (3) reading instruction for elementary school pupils whose reading achievement is less than that which would normally be expected for pupils of comparable ages and in comparable grades of school; (4) preservice training programs for teaching personnel including teacher-aides and other ancillary educational personnel, and in-service training and development programs, where feasible, designed to enable such personnel to improve their ability to teach students to read; (5) participation of the school faculty, school board members, administration, parents, and students in reading-related activities which stimulate an interest in reading and are conducive to the improvement of reading skills; (6) parent participation in development and implementation of the program for which assistance is sought; (7) local educational agency school board participation in the development of programs; (8) periodic testing in programs for elementary school children on a sufficiently frequent basis to measure accurately reading achievement, and for programs for preelementary school children a test of reading proficiency at the conclusion, minimally, of the first-grade program into which the nursery and kindergarten programs are integrated;

20 USC 1921.

Applications,

reading program requirements.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/634

 590

Additional requiremen s.

cou*niiis^ on'^°'^ re°aduig! °"

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

(9) publication of test results on reading achievement by grade level, and where appropriate, by school, without identification of achievement of individual children; (10) availability of test results on reading achievement on an individual basis to parents or guardians of any child being so tested; (11) participation on an equitable basis by children enrolled in nonprofit private elementary schools in the area to be served (after consultation with the appropriate private school officials) to an extent consistent with the number of such children whose educational needs are of the kind the program is intended to meet; (12) the use of bilingual education methods and techniques to the extent consistent with the number of elementary school-age children in the area served by a reading program who are of limited English-speaking ability; (13) appropriate involvement of leaders of the cultural and educational resources of the area to be served, including institutions of higher education, nonprofit private schools, public and private nonprofit agencies such as libraries, museums, educational radio and television, and other cultural and education resources of the community; and (14) assessment, evaluation, and collection of information on individual children by teachers during each year of the preelementary program, to be made available for teachers in the subsequent year, in order that continuity for the individual child not be lost. ^g^ Each such applicant, in addition to meeting the requirements ^^ subsection (b), shall provlde assurances that— (1) appropriate measures have been taken by the agency to analyze the reasons why elementary school children are not reading at the appropriate grade level; (2) the agency will develop a plan setting forth specific objectives which shall include the goals of having the children in project schools reading at the appropriate grade level at the end of grade three; and (3) whenever appropriate, sufficient measures will be taken to coordinate each preelementary reading program with the reading program of the educational agencies or institutions which such preelementary school children will be next in attendance. (d) No grant may be made under this part unless the application for such grant provides assurances that the provisions of this subsec^^^^ ^^® ^^^- ^^^^ State cducational agency shall— (1) establish an advisory council on reading appointed by such agency which shall be broadly representative of the education resources of the State and of the general public, including persons representative of— (A) public and private nonprofit elementary and second ary schools, (B) institutions of higher education, (C) parents of elementary and secondary school children, and (D) areas of professional competence relating to instruction in reading, and (2) authorize the advisory council established under clause (1) to receive and designate priorities among applications for grants under this section in that State, if—

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/635

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

591

(i) that State educational agency desires to receive a grant under this part, or (ii) any local educational agency of that State desires to receive a grant under this part, and notifies the State educational agency concerned, or (iii) in the case of a preelementary school program any nonprofit educational agency or child care institution in that State desires to receive a grant under this part, and notifies the State educational agency concerned. (e) No agreement may be entered into under this part unless the ^ Application application submitted to the Commissioner— (1) has first been approved by the State educational agency, and (2) is accompanied by assurances that such agency will supervise compliance by the local educational agency in that State with the requirements set forth in subsection (b) of this section. (f) The Commissioner may approve any application submitted under this part which meets the requirements of subsections (b), (c), (d), and (e). I n approving such applications, the Commissioner may not use any panel (other than employees of the Office of Education) for the purpose of such approval. Equitable d i s " (g) I n approving applications under this part the Commissioner tribution of funds. shall, to the maximum extent feasible, assure an equitable distribution of funds throughout the United States and among urban and rural areas. Not more than 121^ percent of the funds expended under this part in any fiscal year may be expended in any State in that year. PART B — S T A T E READING IMPROVEMENT STATEMENT or

PROGRAMS

PURPOSE

SEC. 711. I t is the purpose of this part to provide financial assistance to the States to enable them-— (1) to provide financial assistance for projects designed to facilitate reaching the objectives of this title; (2) to develop comprehensive programs to improve reading proficiency and instruction in reading in the elementary schools of the State; (3) to provide State leadership in the planning, improving, execution, and evaluation of reading programs in elementary schools; and (4) to arrange for and assist in the training of special reading personnel and specialists needed in programs assisted under this title.

^o use i94i.

A P P I i l G A B I L I T Y A N D EFFECTIVE DATE

SEC. 712. (a) The provisions of this part shall become effective only in any fiscal year in which appropriations made pursuant to section 732(a) exceed $30,000,000 and then only with respect to the amount of such excess. (b) The provisions of this part shall be effective on and after the begining of fiscal year 1976.

20 USC 1942. Post,

p. 596.

ALLOTMENTS TO STATES

SEC. 713. (a)(1) From the sums appropriated pursuant to section 732(a) for each fiscal year which are available for carrying out this part, the Commissioner shall reserve such amount, but not in excess of 1 per centum of such sums, as he may determine, and shall

20 USC 1943.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/636

 592

"State." ReaUotment.

Post, p. 596.

PUBLIC LAW 93-380-AUG. 21, 1974

apportion such amount to Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this title. Of the remainder of such sums, he shall allot an amount to each State which bears the same ratio to the amount available for allotment as the number of school age children (aged 5 to 12, inclusive) in each such State bears to the total number of such children in all the States, as determined by the Commissioner on the basis of the most recent satisfactory data available to him. The allotment of a State which would be less than $50,000 under the preceding sentence shall be increased to $50,000, and the total of the increases thereby required shall be derived by proportionately reducing the allotments to the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotments to any such remaining States from being reduced to less than $50,000. (2) For the purpose of this section the term "State" includes the District of Columbia and the Commonwealth of Puerto Eico. (I3) xiie amouut allotted to any State under subsection (a) for any fiscal year which the Commissioner determines will not be required for that year shall be available for reallotment from time to time, on such dates during that year as the Commissioner may fix, to other States in proportion to the amounts originally allotted among those States under subsection (a) for that year, but with the proportionate amount for any of the other States being reduced to the extent it exceeds the sum the Commissioner estimates the local educational agencies of such State need and will be able to use for that year; and the total of these reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection from funds appropriated pursuant to section 732 for any fiscal year shall be deemed part of the amount allotted to it under subsection (a) for that year. AGREEMENTS W I T H

20 USC 1944.

[88 STAT.

STATE EDUCATIONAL

AGENCIES

SEC. 714. (a) Any State which desires to receive grants under this part shall, through its State educational agency, enter into an agreement with the Commissioner, in such detail as the Commissioner deems necessary, which— (1) designates the State educational agency as the sole agency for administration of the agreement; (2) provides for the establishment of a State advisory council on reading, appointed by the State educational agency, which shall be broadly representative of the educational resources of the State and of the general public, including persons representative of— (A) public and private nonprofit elementary school children, and (B) institutions of higher education, (C) parents of elementary school children, and (D) areas of professional competence relating to instruction in reading, to advise the State educational agency on the formulation of a standard of excellence for reading programs in the elementary schools and on the preparation of, and policy matters arising in the administration of, the agreement (including the criteria for approval of applications for assistance under such aflcreemeijt) and in the evaluation of results of the program carried out pursuant to the agreement;

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/637

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

593

(3) describes the reading programs in elementary schools for which assistance is sought under this part and procedures for giving priority to reading programs which are already receiving Federal financial assistance and show reasonable promise of achieving success; (4) sets forth procedures for the submission of applications by local educational agencies within that State, including procedures for an adequate description of the reading programs for which assistance is sought under this part; (5) sets forth criteria for achieving an equitable distribution of that part of the assistance under this part which is made available to local educational agencies pursuant to the second sentence of subsection (b) of this section, which criteria shall— (A) take into account the size of the population to be served, beginning with preschool, the relative needs of pupils in different population groups within the State for the program authorized by this title, and the financial ability of the local educational agency serving such pupils, (B) assure that such distribution shall include grants to local educational agencies having high concentrations of children with low reading proficiency, and (C) assure an equitable distribution of funds among urban and rural areas; (6) sets forth criteria for the selection or designation and training of personnel (such as reading specialists and administrators of reading programs) engaged in programs assisted under this part, including training for private elementary school personnel, which shall include qualifications acceptable for such personnel; (7) provides for the coordination and evaluation of programs assisted under this part; (8) provides for technical assistance and support services for local educational agencies participating in the program; (9) makes provision for the dissemination to the educational .. ^ community and the general public of information about the objectives of the program and results achieved in the course of its implementation; (10) provides for making an annual report and such other „ ^^P°'"*^ *° ,

•

1

(•

1

J

• •

1

•

n

•

1

Commissioner.

reports, m such form and containing such information, as the Commissioner may reasonably require to evaluate the effectiveness of the program and to carry out his other functions under this title; (11) provides that not more than 5 per centum of the amount allotted to the State under section 713 for any fiscal year may be ^"'^' p- ssi. retained by the State educational agency for purposes of administering the agreement; and (12) provides that programs assisted under this part shall be of sufficient size, scope, and quality so as to give reasonable promise of substantial progress toward achieving the purposes of this title. (b) Grants for projects to carry out the purposes of this part may be made to local educational agencies (subject to the provision of subsection (e) relating to the participation of private elementary and secondary school pupils), institutions of higher education, and other public and nonprofit private agencies and institutions. Not less than 60 per centum of the amount allotted to a State under section 713 for any fiscal year shall be made available by the State for grants to local educational agencies within that State.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/638

 594

20 USC 827. Ante, p, 497,

PUBLIC LAW 93-380-AUG. 21, 1974

[88 STAT.

(c) The Commissioner shall enter into an agreement which complies with the provisions of subsection (a) with any State which desires to enter into such an agreement. (d) The Commissioner's final action with respect to entering into an agreement under subsection (a) shall be subject to the provisions of section 207 of the Elementary and Secondary Education Act of 1965, relating to judicial review. (e) The provisions of section 141A of the Elementary and Secondary Education Act of 1965 relating to the participation of children enrolled in private elementary and secondary schools shall apply to programs assisted under this part. PART C — OTHER READING IMPROVEMENT PROGRAMS SPECIAL EMPHASIS PROJECTS

au^hTrity? 20 USC'1961.

Ante. p. 589.

Districtwide project.

Post. p. 595.

SEC. T21. (a) The Commissioner is authorized to contract with local educational agencies for special emphasis projects to determine the effectiveness of intensive instruction by reading specialists and reading teachers. Each such project should provide for— (1) the teaching of reading by a reading specialist for all children in the first and second grades of an elementary school and the teaching of reading by a reading specialist for elementary school children in grades three through six who have reading problems; and (2) an intensive vacation reading program for elementary school children who are found to be reading below the appropriate grade level or who are experiencing problems in learning to read. (b) No contract may be entered into under this section unless upon an application made to the Commissioner at such time, in such manner, and including or accompanied by such information as he may reasonably require. Each such application shall provide assurances that— ^ ]^^ ^}jg provisions of section 705(b) are met; and (2) the State educational agency has certified that individuals employed as reading specialists and reading teachers meet the requirements of subsections (e) and (f). (c) No contract may be entered into under this section unless the project has been approved by the State educational agency. (d) The Commissioner is authorized to enter into at least one arrangement with a local educational agency for a districtwide project conducted in all schools of such agencies. I n selecting the districtwide project, the Commissioner shall give priority to an application from a local educational agency if the Commissioner finds that— (1) the local educational agency will give credit for any course to be developed for reading teachers or reading special.g^g under section 722 and will^ encourage participation by the teachers of such agency in the training; (2) the local public educational television station will present or distribute, in the event supplementary noncommercial telecommunication is utilized, any course to be developed under section 722 at an hour convenient for the viewing by elementary school teachers, and, if possible, at a time convenient for such teachers to take the course, as a group, at the elementary school where they teach; and (3) the local educational agency will make arrangements with the appropriate officials of institutions of higher education to obtain academic credit for the completion of such a course.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/639

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

595

(e) In a n j project assisted under this section a reading teacher may be used in lieu of a reading specialist, if the Commissioner finds that the local educational agency participating in a reading emphasis project is unable to secure individuals who meet the requirements of a reading specialist and if such reading teacher is enrolled or will enroll in a program to become a reading specialist, A regular elementary teacher may be used in lieu of a reading teacher if the Commissioner finds that the local educational agency participating in a reading emphasis project is unable to secure individuals who meet the requirements of the reading teacher, and if such regular elementary teacher is enrolled or will enroll in a program to become a reading teacher. (f) For the purpose of this section and section 722 the term— «"RTa'ding (1) "reading specialist" means an individual who has a master's specialist." degree, with a major or specialty in reading, from an accredited institution of higher education and has successfully completed three years of teaching experience, which includes reading instruction, and (2) "reading teacher" means an individual, with a bachelor's, "heading -I

1

1

/• n

1

• •

P

I

teacher.

degree, who has successfully completed a minimum oi twelve credit hours, or its equivalent, in courses of the teaching of reading at an accredited institution of higher education, and has successfully completed two years of teaching experience, which includes reading instruction. READING T R A I N I N G ON P U B L I C

TELEVISION

SEC. 722. (a) The Commissioner is authorized, through grants or 20 USC 1962. contracts, to enter into contractual arrangements with institutions of higher education, public or private agencies or organizations, and individuals for— (1) the preparation, production, evaluation, and distribution for use on public educational television stations of courses for elementary school teachers who are or intend to become reading teachers or reading specialists; and (2) the preparation and distribution of informational and study course material to be used in conjunction with any such course.. (b) In carrying out the provisions of this section the Commissioner consultation shall consult with recognized authorities in the field of reading, spe- "^^ specia cialists in the use of the communications media for educational purposes, and with the State and local educational agencies participating in projects under this title. READING ACADEMIES

SEC. 723. (a) The Commissioner is authorized to make grants to and to enter into contracts with State and local educational agencies, institutions of higher education, community organizations and other nonprofit organizations, having the capacity to furnish reading assistance and instruction to youths and adults who do not otherwise receive such assistance and instruction. (b) Grants made and contracts entered into under this section shall contain provisions to assure that such reading assistance and instruction will be provided in appropriate facilities to be known as "reading academies".

20 USC 1963.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/640

 596

PUBLIC LAW 93-380-AUG. 21, 1974 PART D—GENERAL

[88 STAT.

PROVISIONS

EVALUATION

Report t°^conmTttees?^ """" 20 USC 1981. Contents.

^ ^ "^^ ^ ^ •

gj,^,^ ^31. (a) The Commissioner shall submit an evaluation report to the Committee on Labor and Public Welfare of the Senate and the Committee on Education and Labor of the House of Representatives not later than March 31, in each fiscal year ending prior to fiscal year 1979. Each such report shall— (1) contain a statement of specific and detailed objectives for the program assisted under the provisions of this title; (2) include a statement of the effectiveness of the program in meeting the stated objectives, measured through the end of the preceding fiscal year; (3) make recommendations with respect to any changes or additional legislation deemed necessary or desirable in carrying out the program; (4) contain a list identifying the principal analyses and studies supporting the major conclusions and recommendations contained in the report; and (5) contain an annual evaluation plan for the program through the ensuing fiscal year for which the budget was transmitted to Congress by the President, in accordance with section 201(a) of the Budget and Accounting Act, 1921. (b) From the sums appropriated pursuant to section 732 for any fiscal year, the Commissioner may reserve such amount, not in excess of 1 per centum of such sums, as lie deems necessary for evaluation, by the Commissioner or by public or private nonprofit agencies, of programs assisted under this title. AUTHORIZATION OF APPROPRIATIONS

20 USC 1982. Ante, pp. 589,

SEC. 732. (a) There are authorized to be appropriated to carry out the provisions of parts A and B of this title $30,000,000 for the fiscal year ending June 30, 1975, $82,000,000 for the fiscal year ending June 30, 1976, $88,000,000 for the fiscal year ending June 30, 1977, and $93,000,000 for the fiscal year ending June 30, 1978. (b) There are authorized to be appropriated to carry out the provisions of section 721, relating to special emphasis projects, $15,000,000 for the fiscal year ending June 30, 1975, $20,000,000 for the fiscal year ending June 30, 1976, and $25,000,000 for each of the fiscal years ending June 30, 1977 and 1978. (c) There are authorized to be appropriated for the purpose of carrying out section 722, relating to reading training on public television, $3,000,000 for the fiscal year ending June 30, 1975. Sums appropriated pursuant to this subsection shall remain available for obligation and expenditure through the succeeding fiscal year. (d) There are authorized to be appropriated to carry out the provisions of section 723, relating to reading academies, $5,000,000 for the fiscal year ending June 30, 1975, $7,500,000 for the fiscal year ending June 30, 1976, and $10,000,000 for each of the fiscal years ending June 30, 1977 and 1978.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/641

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

597

TITLE VIII—MISCELLANEOUS PROVISIONS PART A—POLICY

STATEMENTS AND W H I T E EDUCATION

H O U S E CoNrERENCE O N

NATIONAL POLICY WITH RESPECT TO EQUAL EDUCATIONAL OPPORTUNITY

SEC. 801. Recognizing that the Nation's economic, political, and social security require a well-educated citizenry, the Congress (1) reaffirms, as a matter of high priority, the Nation's goal of equal educational opportunity, and (2) declares it to be the policy of the United States of America that every citizen is entitled to an education to meet his or her full potential without financial barriers.

20 USC 1221-1.

POLICY WITH R E S P E C T TO ADVANCE FUNDING OF EDUCATION PROGRAMS

S E C 802. The Congress declares it to be the policy of the United States to implement immediately and continually section 411 of the General Education Provisions Act, relating to advance funding for education programs, so as to afford responsible State, local, and Federal officers adequate notice of available Federal financial assistance for education authorized under this and other Acts of Congress.

20 USC 1223 note.

^"'^' P* ^^2.

POLICY OF THE UNITED STATES WITH RESPECT TO MUSEUMS AS EDUCATIONAL INSTITUTIONS

SEC. 803. The Congress, recognizing— ^ _ (1) that museums serve as sources for schools in providing education for children, (2) that museums provide educational services of various kinds for educational agencies and institutions and institutions of higher education, and (3) that the expense of the educational services provided by museums is seldom borne by the educational agencies and institutions taking advantage of the museums' resources, declares that it is the sense of the Congress that museums be considered educational institutions and that the cost of their educational services be more frequently borne by educational agencies and institutions benefiting from those services.

20 USC 1221-2.

WHITE H O U S E C O N F E R E N C E ON EDUCATION

SEC. 804. (a) The President is authorized to call and conduct a J^'^^^^^ ^^^^"^ White House Conference on Education in 1977 (hereafter in this section referred to as the "Conference") in order to stimulate a national assessment of the condition, needs, and goals of education and to obtain K^PO*^*from a group of citizens broadly representative of all aspects of education, both public and nonpuolic, a report of findings and recommendations with respect to such assessment. (b)(1) I n carrying out the provisions of this section, participants in conferences and other activities at local, State, and Federal levels are authorized to consider all matters relevant to the purposes of the Conference set forth in subsection (a), but shall give special consideration to the following: (A) The implementation of the policy set forth in section 801. (B) The means by which educational systems are financed. (C) Preschool education (including child care and nutrition programs), with special attention to the needs of disadvantaged children.

38-194 O - 76 - 41 Pt. 1

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/642

 598

National Conference Committee. Establishment; membership.

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

Travel expenses.

5 USC 101 et seq.

PUBLIC LAW 93-380-AUG. 21, 1974

[88

STAT.

(D) The adequacy of primary education in providing all children with the fundamental skills of communication (reading, writing, spelling, and other elements of effective oral and written expression) and mathematics. (E) The effectiveness of secondary education in preparing students for careers, as well as for postsecondary education. (F) The place of occupational education (including education in proprietary schools) in the educational structure and the role of vocational and technical education in assuring that the Nation's requirements for skilled manpower are met. (G) The structure and needs of postsecondary education, including methods of providing adequate levels of student assistance and institutional support. (H) The adequacy of education at all levels in meeting the special educational needs of such individuals as handicapped persons, economically disadvantaged, racially or culturally isolated children, those who need bilingual instruction, and gifted and talented children. (I) Ways of developing and implementing expanded educational opportunities for adults at the basic and secondary education equivalency levels. (J) The contribution of nonpublic primary and secondary education in providing alternate educational experiences for pupils and a variety of options for parents in guiding their children's development. (2) Participants in conference activities at the State and local levels are authorized to narrow the scope of their deliberations to the educational problems which they consider to be most critical in their respective areas, but shall be encouraged by the National Conference Committee (established pursuant to subsection (c)) to consider such problems in the context of the total educational structure. (c)(1) There is established a National Conference Committee (hereafter in this section referred to as the "Committee"), composed of not more than thirty-five members, fifteen of whom shall be appointed by the President, ten of whom shall be appointed by the President pro tempore of the Senate, and ten of whom shall be appointed by the Speaker of the House of Representatives. The Committee shall at its first meeting select a Chairman and a Vice Chairman. (2)(A) The Committee shall provide guidance and planning for the Conference and shall make a final report (and such interim reports as may be desirable) of the results, findings, and recommendations of the Conference to the President and to the Congress not later than December 1, 1977. (B) The Committee is authorized to provide such assistance as may be necessary for State and local conference activities in preparation for the National Conference. (3) The Commissioner shall support the activities of the Committee by providing technical assistance, advice, and consultation. (4) Members of the Committee shall serve without compensation, but may receive travel expenses (including per diem in lieu of subsistence) as authorized by section 5703(b) of title 5, United States Code, for persons in the Government service employed intermittently, while employed in the business of the Committee away from their homes or regular places of business. (5) The Committee is authorized to appoint, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, a Conference Director and such professional, technical, and clerical personnel as may be necessary to assist in carrying out its functions under this section.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/643

 88

STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

599

(d)(1) From the sums appropriated pursuant to subsection (e) the Commissioner is authorized to make a grant to each State, upon application of the Governor thereof, in order to assist in meeting the costs of that State's participation in the Conference program (including the conduct of conferences at the State and local levels). (2) Grants made pursuant to paragraph (1) shall be made only with the approval of the Chairman of the Committee. (3) Funds appropriated for the purposes of this subsection shall be apportioned among the States by the Commissioner in accordance with their respective needs for assistance under this subsection, except that no State shall be apportioned more than $75,000 nor less than $25,000. (e) There are authorized to be appropriated, without fiscal year limitations, such sums as may be necessary to carry out the purposes of this section; and sums so appropriated shall remain available for expenditure until June 30, 1978. (f) For the purposes of this section, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

Grants.

Apportionment of funds.

Appropriation.

'State."

PART B—EDUCATIONAL STUDIES AND SURVEYS STUDY o r

PURPOSES A N D EFFECTIVENESS OF COMPENSATORY PROGRAMS

EDUCATION

SEC. 821. (a) I n addition to the other authorities, responsibilities and duties conferred upon the National Institute of Education (hereinafter referred to as the "Institute") by section 405 of the General Education Provisions Act and notwithstanding the second sentence of subsection (b)(1) of such section 405, the Institute shall undertake a thorough evaluation and study of compensatory education programs, including such programs conducted by States and such programs conducted under title I of the Elementary and Secondary Education Act of 1965. Such study shall include— (1) an examination of the fundamental purposes of such programs, and the effectiveness of such programs in attaining such purposes; (2) an analysis of means to identify accurately the children who have the greatest need for such programs, in keeping with the fundamental purposes thereof; (3) an analysis of the effectiveness of methods and procedures for meeting the educational needs of children, including the use of individualized written educational plans for children, and programs for training the teachers of children; (4) an exploration of alternative methods, including the use of procedures to assess educational disadvantage, for distributing funds under such programs to States, to State educational agencies, and to local educational agencies in an equitable and efficient manner, which will accurately reflect current conditions and insure that such funds reach the areas of greatest current need and are effectively used for such areas; (5) not more than 20 experimental programs, which shall be reasonably geographically representative, to be administered by the Institute, in cases where the Institute determines that such experimental programs are necessary to carry out the purposes of clauses (1) through (4), and the Commissioner of Education is

20 USC 1221e note.

20 USC 1221e„

Ante, p. 4 8 8. 20 USC 236.

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/644

 600 Ante, p. 4 8 8. 20 USC 236.

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

Ante, p. 4 9 9. Study plan, submittal to Congress.

PUBLIC LAW 93-380-AUG. 21, 1974

authorized, notwithstanding any provision of title I of the Elementary and Secondary Education Act of 1965, at the request of the Institute, to approve the use of grants which educational agencies are eligible to receive under such title I (in cases where the agency eligible for such grant agrees to such use) in order to carry out such experimental programs; and (6) findings and recommendations, including recommendations for changes in such title I or for new legislation, with respect to the matters studied under clauses (1) through (5). (b) The National Advisory Council on the Education of Disadvantaged Children shall advise the Institute with respect to the design and execution of such study. The Commissioner of Education shall obtain and transmit to the Institute such information as it shall request with respect to programs carried on under title I of the Act. (c) The Institute shall make an interim report to the President and to the Congress not later than December 31, 1976, and shall make a final report thereto no later than nine months after the date of submission of such interim report, on the result of its study conducted under this section. Any other provision of law, rule, or regulation to the contrary notwithstanding, such reports shall not be submitted to any review outside of the Institute before their transmittal to the Congress, but the President and the Commissioner of Education may make to the Congress such recommendations with respect to the contents of the reports as each may deem appropriate. (d) Sums made available pursuant to section 151(i) of the Elementary and Secondary Education Act of 1965 shall be available to carry out the provisions of this section. (e)(1) The Institute shall submit to the Congress, within one hundred and twenty days after the date of the enactment of this Act, a plan for its study to be conducted under this section. The Institute shall have such plan delivered to both Houses on the same day and to each House while it is in session. The Institute shall not commence such study until the first day after the close of the first period of thirty calendar days of continuous session of Congress after the date of the delivery of such plan to the Congress. (2) For purposes of paragraph (1)— (A) continuity of session is broken only by an adjournment of Congress sine die; and (B) the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the thirty-day period. SURVEY A N D STUDY FOR UPDATING NUMBER OF CHILDREN

20 USC 241c note.

Ante, p. 4 8 8. Report to Congress.

[88 STAT.

COUNTED

SEC. 822. (a) The Secretary of Commerce shall, in consultation with the Secretary of Health, Education, and Welfare, expand the current population survey (or make such other survey) in order to furnish current data for each State with respect to the total number of school-age children in each State to be counted for purposes of section 103(c)(1)(A) of title I of the Elementary and Secondary Act of 1965. Such survey shall be made, and a report of the results of such survey shall be made jointly by the Secretary of Commerce and the Secretary of Health, Education, and Welfare to the Congress, not later than one year after the date of the enactment of this Act. (b) The Secretary of Health, Education, and Welfare and the Secretary of Commerce shall study the feasibility of updating the number of children counted for purposes of section 103(c) of title I of the Act

�


text:
Page:United States Statutes at Large Volume 88 Part 1.djvu/645

 88 STAT. ]

PUBLIC LAW 93-380-AUG. 21, 1974

601

in school districts of local educational agencies in order to make adjustments in the amounts of the grants for which local educational agencies within a State are eligible under section 103(a)(2) of the Act, and shall report to the Congress, no later than one year after the Report^'to^^*" date of enactment of this Act, the results of such study, which shall congress. include an analysis of alternative methods for making such adjustments, together with the recommendations of the Secretary of Health, Education, and Welfare and the Secretary of Commerce with respect to which such method or methods are most promising for such purpose, together with a study of the results of the expanded population survey, authorized in subsection (a) (including analysis of its accuracy and the potential utility of data derived therefrom) for making adjustments in the amounts paid to each State under section 144(a)(1) of title I of such Act. . . . 20 USC 24ih. (c) No method of making adjustments directed to be considered pursuant to subsection (a) or subsection (b) shall be implemented unless such method shall first be enacted by the Congress. STUDY OF THE M E A S U R E OF POVERTY USED U N D E R TITLE I OF THE E L E M E N T A R Y A N D SECONDARY EDUCATION ACT OF 1965

SEC. 823. The Assistant Secretary shall supervise, with the full 20 USC 241a note. articipation of the National Institute of Education and the National enter for Education Statistics, a thorough study of the manner in which the relative measure of poverty for use in the financial assistance program authorized by title I of the Elementary and Secondary p, 4 8 8 Education Act of 1965 may be more accurately and currently devel- Ante, s e.236.. 20 u oped. The study of the relative measure of poverty required by this subsection shall be adjusted for regional, climatic, metropolitan, urban, suburban, and rural differences and for family size and head of household differences. The study required by this section shall consider— a t iStudy considerons. (A) the availability of data more current than the decennial census including data collected by any agency of the Federal Government which are relevant except that data so collected shall not disclose the name of any individual or any other information customarily held confidential by that agency, but shall include aggregate information to the extent possible; (B) the availability and usefulness of cost of living data; (C) the availability and usefulness of cost of housing data; (D) the availability and usefulness of labor market and job availability data; (E) the availability and usefulness of data with respect to prevailing wage rates, unemployment rates, and income distribution; and (F) the availability of data with respect to eligibility criteria for aid to families with dependent children under a State plan approved under title IV of the Social Security Act. '•^ use 6oi. (2) The Assistant Secretary is authorized and directed to prepare ^^^Z°[\^° and submit to the Congress not later than one year after the effective e o n g r e s s. date of this Act a report of the study conducted under this subsection including recommendations with respect to the availability of data designed to improve the relative measure of poverty for the program of financial assistance authorized by title I of the Elementary and Secondary Education Act of 1965. Whenever the Assistant Secretary determines that data specified in paragraph (1) of this subsection are not available or that it is impractical to obtain data for each relevant area or category, the report shall contain an explanation of the reasons therefor.

g

�