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Page:United States Statutes at Large Volume 90 Part 2.djvu/731

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2199

Act of 1973 shall establish a State occupational information coordi- 29 USC 801 note. nating committee composed of representatives of the State board, the State employment security agency, the State Manpower Services Council, and the agency administering the vocational rehabilitation program. This committee shall, with funds available to it from the National Coordinating Committee established pursuant to paragraph (1), implement an occupational information system in the State which will meet the common needs for the planning for, and the operation of, programs of the State board assisted under this Act and of the administering agencies under the Comprehensive Employment and Training Act of 1973. "NATIONAL ADVISORY COUNCIL ON VOCATIONAL EDUCATION

"SEC. 162. (a) The National Advisory Council on Vocational Education, established pursuant to section 104(a) of the Vocational Education Act of 1963, in effect prior to the enactment of the Education Amendments of 1976, shall continue to exist during the period for which appropriations are authorized under this Act. Individuals who are members of the Council on the date of the enactment of this Act may continue to serve for the terms for which they were appointed. Members appointed to succeed such individuals shall be appointed by the President for terms of three years. The Council shall consist of twenty-one members, each of whom shall be designated as representing one of the categories set forth in the following sentence. The National Advisory Council shall include individuals— "(1) representative of labor and management, including persons who have knowledge of semiskilled, skilled, and technical employment; "(2) representative of new and emerging occupational fields; "(3) knowledgeable in the field of vocational guidance and counseling; "(4) representing the National Commission for Manpower Policy created pursuant to title V of the Comprehensive Employment and Training Act of 1973; "(5) representing nonprofit private schools; "(6) who are women with backgrounds and experiences in employment and training programs, who are knowledgeable with respect to problems of sex discrimination in job training and in employment, including women who are members of minority groups and who have, in addition to such backgrounds and experiences, special knowledge of the problems of discrimination in job training and employment against women who are members of such groups; "(7) knowledgeable about the administration of State and local vocational education programs, including members of school boards and private institutions; " (8) experienced in the education and training of handicapped persons and of persons of limited English-speaking ability (as defined in section 703(a) of the Elementary and Secondary Education Act of 1965); "(9) familiar with the special problems and needs of individuals disadvantaged by their socioeconomic backgrounds; "(10) having special knowledge of postsecondary and adult vocational education programs; "(11) familiar with the special problems of individuals in correctional institutions; and

20 USC 2392. 20 USC 1244.

29 USC 951.

20 USC 880b-l.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/732

 90 STAT. 2200

29 USC 955.

Appropriation authorization.

PUBLIC LAW 94-482—OCT. 12, 1976 "(12) representative of the general public who are not Federal employees, including parents and students, except that they must not be representative of categories (1) through (11), and who shall constitute not less than one-third of the total membership. The National Council shall have as a majority of its members persons who are not educators or administrators in the field of education. In appointing the National Advisory Council, the President shall insure that there is appropriate representation of both sexes, racial and ethnic minorities, and the various geographic regions of the country. The President shall select the chairman. The National Advisory Council shall meet at the call of the Chairman, but not less than four times a year. " (b) The National Advisory Council shall— "(1) advise the President, Congress, Secretary, and Commissioner concerning the administration of, preparation of general regulations and budget requests for, and operation of, vocational education programs supported with assistance under this Act; "(2) review the administration and operation of vocational education programs under this Act, and other pertinent laws affecting vocational education and manpower training (including the effectiveness of such programs in meeting the purposes for which they are established and operated), make recommendations with respect thereto, and make annual reports of its findings and recommendations (including recommendations for changes in the provisions of this Act and such other pertinent laws) to the President, Congress, Secretary, and Commissioner; "(3) make such other reports or recommendations to the President, Congress, Secretary, Commissioner, or head of any other Federal department or agency as it may deem desirable; "(4)(A) identify, after consultation with the National Commission for Manpower Policy, the vocational education and employment and training needs of the Nation and assess the extent to which vocational education, employment training, vocational rehabilitation, and other programs under this and related Acts represent a consistent, integrated, and coordinated approach to meeting such needs; and (B) comment, at least once annually, on the reports of the National Commission, which comments shall be included in one of the reports submitted by the National Advisory Council pursuant to this section and in one of the reports submitted by the National Commission pursuant to section 505 of the Comprehensive Employment and Training Act of 1973; "(5) conduct such studies, hearings, or other activities as it deems necessary to enable it to formulate appropriate recommendations; "(6) conduct independent evaluations of programs carried out under this Act and publish and distribute the results thereof; and "(7) provide technical assistance and leadership to State advisory councils established pursuant to section 105, in order to assist them in carrying out their responsibilities under this Act. "(c) There are authorized to be appropriated $450,000 for the fiscal year ending September 30, 1978, $475,000 for the fiscal year ending September 30, 1979, and $500,000 for each of the fiscal years ending prior to September 30, 1982 for the purposes of this paragraph. The Council is authorized to use the funds appropriated pursuant to the preceding sentence to carry out its functions as set forth in this section and to engage such technical assistance as may be required to assist it in performing these functions.

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


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/733

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2201

"Subpart 2—Programs of National Significance "PROGRAM IMPROVEMENT

"SEC. 171. (a) Funds reserved to the Commissioner under section 20 USC 2401. 103 for programs under this part shall be used primarily for contracts, and in some cases for grants, for— "(1) activities authorized by sections 131, 132, 133, 134, 135, and 136, if such activities are deemed to be of national significance by the Commissioner; "(2) support of a national center for research in vocational education, chosen once every five years, which center shall be a nonprofit agency, shall be assisted by an advisory committee appointed by the Commissioner, shall have such locations, including contracts with one or more regional research centers, as shall be determined by the Commissioner after consultation with the national center and its advisory committee taking into consideration the vocational education research resources available, geographical area to be served and the schools, programs, projects, and students and areas to be served by research activities, and shall, either directly or through other public agencies— "(A) conduct applied research and development on problems of national significance in vocational education; "(B) provide leadership development through an advanced study center and inservice education activities for State and local leaders in vocational education;. "(C) disseminate the results of the research and development projects funded by the center; " (D) develop and provide information to facilitate national planning and policy development in vocational education; " (E)(i) act as a clearinghouse for information on contracts made by the States pursuant to section 131, section 132, and section 133 and on contracts made by the Commissioner pursuant to this section; and (ii) compile an annotated bibliography of research, exemplary and innovative program projects, and curriculum development projects assisted with funds made available under this Act since July 1, 1970; and " (F) work with States, local educational agencies, and other public agencies in developing methods of evaluating programs, including the follow-up studies of program completers and leavers required by section 112, so that these agencies can offer job training programs which are more closely related to the types of jobs available in their communities, regions, and States; and " (3) training and development programs as described in section 172. "(b)(1) The Commissioner shall not make a grant pursuant to paragraph (1) of subsection (a) unless the applicant can demonstrate a reasonable probability that such grant will result in improved teaching techniques or curriculum materials that will be used in a substantial number of classrooms or other learning situations within five years after the termination date of such grant. "(2) Every contract made by the Commissioner for the purpose of funding exemplary and innovative projects pursuant to paragraph (1) of subsection (a) shall, to the extent consistent with the number of students enrolled in nonprofit private schools in the area to be served whose educational needs are of the type which the project involved is to meet, provide for the participation of such students; and such con-

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Page:United States Statutes at Large Volume 90 Part 2.djvu/734

 90 STAT. 2202

Coordinating Committee on Research in Vocational Education. Establishment.

PUBLIC LAW 94-482—OCT. 12, 1976 tract shall also provide that the Federal funds will not be commingled with State or local funds. " (3) The Commissioner shall, from the funds made available to him under this section, make contracts to convert to use in local educational agencies, in private nonprofit schools, and in other public agencies, curriculum materials involving job preparation which have been prepared for use by the armed services of the United States. "(4) There is hereby established a Coordinating Committee on Research in Vocational Education within the Education Division of the Department of Health, Education, and Welfare which shall be composed of the Director of the National Institute of Education, the Commissioner, and the Director of the Fund for the Improvement of Postsecondary Education, or their representatives. This Committee shall— " (A) develop a plan for each fiscal year (i) establishing national priorities for the use of funds available to these agencies for vocational education research, career education research, education and work research, development, exemplary and innovative program projects, and curriculum development projects; and (ii) coordinating the efforts of these agencies in seeking to achieve these national priorities in order to avoid duplication of effort; and "(B) develop an effective management information system on the projects funded pursuant to this plan in order to achieve the best possible monitoring and evaluation of these projects and the widest possible dissemination of their results. " (5) (A^ From the sums reserved to the Commissioner under section 103 for this part, the Commissioner may pay all or part of the costs of contracts and grants authorized by this section. "(B) Funds reserved for contracts and grants under this section shall be available for expenditure until expended, unless a law is enacted in specific restriction of this subsection; and these funds may be used for contracts and grants for a period not to exceed three fiscal years. " T R A I N I N G AND DEVELOPMENT PROGRAMS FOR VOCATIONAL EDUCATION PERSONNEL

20 USC 2402.

"SEC. 172. (a) From funds available to him under section 103, the Commissioner shall provide (1) opportunities for experienced vocational educators to spend full time in advanced study of vocational education for a period not to exceed three years in length; (2) opportunities for certified teachers who have been trained to teach in other fields to become vocational educators, if those teachers have skills and experience in vocational fields for which they can be trained to be vocational educators; and (3) opportunities for persons in industry who have skills and experience in vocational fields for which there is a need for vocational educators, but who do not necessarily have baccalaureate degrees, to become vocational educators. "(b)(1) In order to meet the needs in all States for qualified vocational education personnel (such as administrators, supervisors, teacher educators, researchers, guidance and counseling personnel, and instructors in vocational education programs) the Commissioner shall make available leadership development awards in accordance with the provisions of this subsection only upon his determination that— "(A) persons selected for awards have had not less than two years of experience in vocational education or in industrial train-

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text: Talk:Executive Order 2694-A

title: Talk:Executive Order 2694-A


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/735

 PUBLIC LAW 94-482—OCT. 12, 1976 ing, or military technical training; or, in the case of researchers, experience in social science research which is applicable to vocational education; "(B) persons receiving such awards are currently employed or are reasonably assured of employment in vocational education and have successfully completed, as a minimum, a baccalaureate degree program; and "(C) persons selected are recommended by their employer, or others, as having leadership potential in the field of vocational education and are eligible for admission as a graduate student to a program of higher education approved by the Commission under paragraph (2). "(2)(A) The Commissioner shall, for a period not to exceed three years, pay to persons selected for leadership development awards such stipends (including such allowances or subsistence and other expenses for such persons and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. "(B) The Commissioner shall, in addition to the stipends paid to persons under subparagraph (A), pay to the institution of higher education at which such person is pursuing his course of study such amount as the Commissioner may determine to be consistent with the prevailing practices under comparable federally supported programs not to exceed the equivalent of $4,500 per person per academic year or its equivalent, and $1,000 per person per summer session or its equivalent, but any amount charged such person for tuition and nonrefundable fees and deposits shall be deducted from the amount payable to the institution of higher education under this subsection. Any funds from grants received under this paragraph which remain after deducting normal tuition fees, and deposits attributable to such students, shall be used by the institution receiving such funds for the purpose of improving the program of vocational education offered by that institution. " (3) The Commissioner shall approve the vocational education leadership development program of an institution of higher education only upon finding that— "(A) the institution offers a comprehensive program in vocational education with adequate supporting services and disciplines such as education administration, guidance and counseling, research, and curriculum development; "(B) such program is designed to further substantially the objective of improving vocational education through providing opportunities for graduate training of vocational education teachers, supervisors, and administrators, and of university level vocational education teacher educators and researchers; and "(C) such programs are conducted by a school of graduate study in the institution of higher education. "(4) In order to meet the needs for qualified vocational education personnel such as teachers, administrators, supervisors, and teacher educators, in vocational education programs in all the States, the Commissioner in carrying out this section shall apportion leadership development awards equitably among the States, taking into account such factors as the State's vocational education enrollments, and the incidence of youth unemployment and school dropouts in the State. "(5) Persons receiving leadership awards under the provisions of this subsection shall continue to receive the payments provided in paragraph (3) only during such periods as the Commissioner finds

90 STAT. 2203

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Page:United States Statutes at Large Volume 90 Part 2.djvu/736

 90 STAT. 2204

"Institution of higher education."

20 USC 1141.

PUBLIC LAW 94-482—OCT. 12, 1976 that they are maintaining satisfactory proficiency in, and devoting essentially full time to, study or research in the field of vocational education in an institution of higher education, and are not engaging in gainful employment, other than part-time employment by such institution in teaching, research, or similar activities, approved by the Commissioner. " (6) From the funds reserved to the Commissioner pursuant to section 103 for this part, the Commissioner shall make awards meeting the requirements of paragraphs (1) through (5) of this subsection. "(7) In approving training and development programs for vocational education personnel, the Commissioner shall give special consideration to programs which are designed to familiarize awardees with new curricular materials in vocational education. "(8) For purposes of this subsection, the term 'institution of higher education' means any such institution as defined under section 1201(a) of the Higher Education Act of 1965. "(c)(1) In order to meet the need to provide adequate numbers of teachers and related classroom instructors in vocational education and in order to take full advantage of the education which has been provided to already certified teachers who are unable to find employment in their fields of trainino; and of individuals employed in industry who have skills and experiences in vocational fields, the Commissioner shall make available fellowships in accordance with the provisions of this subsection to such individuals upon his determination that— "(A) individuals selected for such fellowships are presently certified, or had been so certified within the last ten years, by a State as teachers in elementary and secondary schools or in community and junior colleges, and have past or current skills and experiences in vocational fields for which they can be trained to be vocational educators; or "(B) individuals selected for such fellowships are individuals employed in industry (who need not be baccalaureate degree holders) who have skills and experiences in vocational fields for which there is a need for vocational educators, and that individuals receiving such awards have been accepted by a teacher training institution in a program to assist those persons in gaining the skills to become a vocational educator. "(2)(A) The Commissioner shall, for a period not to exceed two years, pay to persons selected for fellowships under this subsection stipends (including such allowances for subsistence and other expenses for such person and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported programs. "(B) The Commissioner shall, in addition to the stipends paid to persons under paragraph (1), pay to the institution of hiofher education at which such person is pursuing his course of study such amount as the Commissioner may determine to be consistent with the prevailing practices under comparable federally supported programs not to exceed the equivalent of $4,500 per person per academic year or its equivalent, and $1,000 per person per summer session or its equivalent, but any amount charged such person for tuition and nonrefundable fees and deposits shall be deducted from the amount payable to the institution of higher education under this subsection. Any funds from grants received under this paragraph which remain after deducting normal tuition, fees, and deposits attributable to such students, shall be used by the institution receiving such funds for the purpose of improving the program of vocational education offered by that institution.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/737

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2205

"(3) The Commissioner shall approve the program at an institution of higher education which has as its purpose assisting certified teachers or assisting persons from industry in becoming vocational education teachers only upon finding that— "(A) the institution offers a comprehensive program in vocational education with adequate supporting services and disciplines such as education administration, guidance and counseling, research, and curriculum development; and "(B) such program is available to persons receiving these fellowships so that they can receive the same type of education and training being offered in the institution for undergraduate students who are preparing to become vocational education teachers. "(4) In order to meet the needs for qualified vocational education teachers in vocational education programs in all the States, the Commissioner in carrying out this subsection shall apportion fellowships equitably among the States, taking into account such factors as the State's vocational education enrollments, and the incidence of youth unemployment and school dropouts in the State. " (5) Persons receiving fellowships under the provisions of this subsection shall continue to receive the payments provided in paragraph (2) only during such periods as the Commissioner finds that they are maintaining satisfactory proficiency in, and devoting essentially full time to, study or research in the field of vocational education in an institution of higher education, and are not engaging in gainful employment, other than part-time employment by such institution in teaching, research, or similar activities, approved by the Commissioner. "(6) From the funds reserved to the Commissioner pursuant to section 103 for this part, the Commissioner shall make awards meeting the requirements of paragraphs (1) through (5) of this subsection. " (7) In carrying out this subsection, the Commissioner shall, before the beginning of each fiscal year, publish a listing of the areas of teaching in vocational education which are presently in need of additional personnel and of the areas which will have need of additional personnel in the future; and the Commissioner shall, in making the fellowships under the authority of this subsection, grant these fellowships, to the maximum degree possible, to persons who are seeking to become teachers in the areas identified by the Commissioner as needing additional teachers. "Subpart 3—Bilingual Vocational Training "STATEMENT OF FINDINGS

"SEC. 181. The Congress hereby finds that one of the most acute 20 USC 2411. problems in the United States is that which involves millions of citizens, both children and adults, whose efforts to profit from vocational education are severely restricted by their limited English-speaking ability because they came from environments where the dominant language is other than English; that such persons are therefore unable to help to fill the critical need for more and better educated personnel in vital occupational categories; and that such persons are unable to make their maximum contribution to the Nation's economy and must, in fact, suffer the hardships of unemployment or underemployment. The Congress further finds that there is a critical shortage of instructors possessing both the job knowledge and skills and the dual language capabilities required for adequate vocational instruction of such language-handicapped persons and to prepare such persons to perform adequately in a work environment requiring English

89-194 O—78—Dt. 2

47

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/738

 90 STAT. 2206

PUBLIC LAW 94-482—OCT. 12, 1976 language skills, and a corresponding shortage of instructional materials and of instructional methods and techniques suitable for such instruction. <GENERAL (

20 USC 2412.

Report to President and

Congress.

29 USC 871.

RESPONSIBILITIES OF THE

COMMISSIONER

"SEC. 182. (a) The Commissioner and the Secretary of Labor together shall— "(1) develop and disseminate accurate information on the status of bilingual vocational training in all parts of the United States; "(2) evaluate the impact of such bilingual vocational training on the shortages of well-trained personnel, the unemployment or underemployment of persons with limited English-speaking ability, and the ability of such persons to acquire sufficient job skills and English language skills to contribute fully to the economy of the United States; and (3) report their findings annually to the President and the Congress.

"(b) The Commissioner shall consult with the Secretary of Labor with respect to the administration of this part. Regulations and guidelines promulgated by the Commissioner to carry out this part shall be consistent with those promulgated by the Secretary of Labor pursuant to section 301(b) of the Comprehensive Employment and Training Act of 1973 and shall be approved by the Secretary of Labor before issuance. "AUTHORIZATION or APPROPRIATIONS

20 USC 2413.

"SEC. 183. There are authorized to be appropriated $60,000,000 for the fiscal year ending September 30. 1978, $70,000,000 for the fiscal year ending September 30, 1979, $80,000,000 for the fiscal year ending September 30, 1980, $90,000,000 for the fiscal year ending September 30, 1981, and $80,000,000 for the fiscal year ending September 30, 1982, to carry out the provisions of sections 184, 186, and 188 of this part, except that 65 per centum of such amounts shall be available only for grants and contracts under section 184, 25 per centum shall be available only for grants and contracts under section 186, and 10 per centum shall be available only for grants and contracts under section 188. "AUTHORIZATION or GRANTS

20 USC 2414.

"SEC. 184. (a) From the sums made available for grants under this section pursuant to section 183, the Commissioner is authorized to make grants to and enter into contracts with appropriate State agencies, local educational agencies, postsecondary education institutions, private nonprofit vocational training institutions, and to other nonprofit organizations especially created to serve a group whose language as normally used is other than English in supplying training in recognized occupations and in new and emerging occupations, which shall include instruction in the English language designed to insure that participants in the training will be assisted to pursue such occupations in environments where English is the language normally used, and to enter into contracts with private for-profit agencies and organizations, to assist them in conducting bilingual vocational training programs for persons of all ages in all communities of the United States which are designed to insure that vocational training programs are available to all individuals who desire and need such bilingual vocational education.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/739

 PUBLIC LAW 94-462—OCT. 12, 1976

90 STAT. 2201

"(b) The Commissioner shall pay to each applicant which has an application approved under section 189B an amount equal to the total sums expended by the applicant for the purposes described in section 185 and set forth in that application. u USE OF FEDERAL FUNDS

"SEC. 185. Grants and contracts under section 184 may be used, in 20 USC 2415, accordance with applications approved under section 189B, for— "(1) bilingual vocational training programs for persons who have completed or left elementary or secondary school and who are available for education by a postsecondary educational institution; "(2) bilingual vocational training programs for persons who have already entered the labor market and who desire or need training or retraining to achieve year-round employment, adjust to changing manpower needs, expand their range of skills, or advance in employment; and "(3) training allowances for participants in bilingual vocational training programs subject to the same conditions and limitations as are set forth in section 111 of the Comprehensive Employment and Training Act of 1973. 29 USC 821. u AUTHORIZATION OF GRANTS FOR INSTRUCTOR ITJAINING PROGRAMS

"SEC. 186. (a) From the sums made available for grants and con- 20 USC 2416. tracts under this^ection pursuant to section 183, the Commissioner is authorized to make grants to and enter into contracts with States, or educational institutions, either public or private, to assist them in conducting training for instructors of bilingual vocational training programs, and whenever the Commissioner determines that it will contribute to carrying out the purposes of this part, to make grants to, and enter into contracts with, States or educational institutions either public or private, to assist them in conducting training for instructors in bilingual vocational education programs. "(b) The Commissioner shall pay to each applicant which has an application approved under section 189B an amount equal to the total sums expended by the applicant for the purposes described in section 187 and set forth in that application. "USE

OF FEDERAL

FUNDS

"SEC. 187. Grants and contracts under section 186 may be used, in 20 USC 2417. accordance with applications approved under section 189B, for— " (1) providing preservice training designed to prepare persons to participate in bilingual vocational training or vocational education programs as instructors, aides, or other ancillary personnel such as counselors, and inservice and development programs designed to enable such personnel to continue to improve their qualifications while participating in such programs; and "(2) fellowships or traineeships for persons engaged in such preservice or inservice training. " AUTHORIZATION O F GRANTS FOR DEVELOPMENT OF INSTRUCTIONAL MATERIALS, METHODS, AND TECHNIQUES

"SEC. 188. (a) From the sums made available for grants and con- 20 USC 2418. tracts under this section pursuant to section 183, the Commissioner is authorized to make grants and enter into contracts with States, public

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Page:United States Statutes at Large Volume 90 Part 2.djvu/740

 90 STAT. 2208

PUBLIC LAW 94-482—OCT. 12, 1976 and private educational institutions, and to other appropriate nonprofit organizations, and to enter into contracts with private for-profit individuals and organizations, to assist them in developing instructional material, methods, or techniques for bilingual vocational training. "(b) The Commissioner shall pay to each applicant which has an application approved under section 189B an amount equal to the total sums expended by the applicant for the purposes described in section 189 and set forth in that application. "USE OF FEDERAL FUNDS

20 USC 2419.

"SEC. 189. Grants and contracts under section 188 may be used, in accordance with applications approved under section 189B, for— "(1) research in bilingual vocational training; "(2) training programs designed to familiarize State agencies and training institutions with research findings and successful pilot and demonstration projects in bilingual vocational training; "(3) experimental, developmental, and pilot programs and projects designed to test the effectiveness of research findings; and "(4) other demonstration and dissemination projects. "APPLICATIONS

20 USC 2420.

"SEC. 189A. (a) A grant or contract for assistance under this part may be made only upon application to the Commissioner at such time, in such manner, and containing or accompanied by such information as the Commissioner deems necessary. Each such application shall— " (1) provide that the activities and services for which assistance under this part is sought will be administered by or under the supervision of the applicant; "(2)(A) in the case of assistance under section 184, set forth a program for carrying out the purposes described in section 185, "(B) in the case of assistance under section 186, set forth a program for carrying out the purposes described in section 187, and "(C) in the case of assistance under section 188, set forth a program for carrying out the purposes described in section 189; "(3) in the case of assistance under section 184, set forth a program of such size, scope, and design as will make a substantial contribution toward carrying out the purposes of this part; " (4) in the case of assistance under section 186— "(A) describe the capabilities of the applicant institution, including a listing of the vocational training or vocational education courses offered by that institution, together with appropriate accreditation by regional or national associations, if any, and approval by appropriate State agencies of the course offered, "(B) set forth the qualifications of the principal staff who will be responsible for the training program, and "(C) contain a statement of the minimum qualifications of the persons to be enrolled in the training program, a description of the selection process for such persons, and the amounts of the fellowships or traineeships, if any, to be granted to persons so enrolled; and

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Page:United States Statutes at Large Volume 90 Part 2.djvu/741

 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2209

"(5) in the case of assistance under section 188, set forth the qualifications of the staff who will be responsible for the program for which assistance is sought. "(b) No grant or contract may be made under section 184 directly to a local educational agency or a postsecondary educational institution or a private vocational training institution or any other eligible agency or organization unless that agency, institution, or organization has submitted the application to the State board established under section 104 of this Act, or in the case of a State that does not have such a board, the similar State agency, for comment and includes the comment of that board or agency with the application. "APPLICATION APPROVAL BY THE COMMISSIONER

"SEC. 189B. (a) The Commissioner may approve an application for 20 USC 2421. assistance under this subpart only if— "(1) the application meets the requirements set forth in subsection (a) of the previous section; " (2) in the case of an application submitted for assistance under section 184 to an agency, institution, or organization other than the State board established under section 104 of this Act, the requirement of subsection (b) of the previous section is met; "(3) in the case of an application submitted for assistance under section 184 or section 186 the Commissioner determines that the program is consistent with criteria established by him, where feasible, after consultation with the State board established under section 104 of this Act, for achieving equitable distribution of assistance under this subpart within that State; and "(4) in the case of an application submitted for assistance under section 186 the Commissioner determines that the applicant institution actually has an ongoing vocational training program in the field for which persons are being trained; and that the applicant institution can provide instructors with adequate language capabilities in the language other than English to be used in the bilingual job training program for which the persons are being trained. "(b) An amendment to an application shall, except as the Commissioner may otherwise provide, be subject to approval in the same manner as the original application. "Subpart 4—Emergency Assistance for Remodeling and Eenovation of Vocational Education Facilities "PURPOSE

"SEC. 191. It is the purpose of this part to provide emergency assist- 20 USC 2441. ance, for a limited period of time, to local educational agencies in urban and rural areas which are unable to provide vocational education designed to meet today's manpower needs due to the age of their vocational education facilities or the obsolete nature of the equipment used for vocational training, in order to assist such agencies in the modernization of facilities and equipment and the conversion of academic facilities necessary to assure that such facilities will be able to offer vocational education programs which give reasonable promise of of employment, including the remodeling and renovation of such facilities to make the facilities comply with the requirements of the Act of August 2, 1968, commonly known as the Architectural Barriers Act of 1968. 42 USC 4151.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/742

 90 STAT. 2210

PUBLIC LAW 94-482—OCT. 12, 1976 uAUTHORIZATION

20 USC 2442.

OF APPROPRIATIONS

"SEC. 192. There are authorized to be appropriated $25,000,000 for fiscal year 1978, $50,000,000 for fiscal year 1979, $75,000,000 for fiscal year 1980, and $100,000,000 for fiscal year 1981, to carry out the purpose of this part. "APPLICATIONS

20 USC 2443.

"SEC. 193. (a) Any local educational agency desiring to receive assistance under this subpart shall submit to the Commissioner, through its State board, an application therefor, which application shall set forth— " (1) a description of the facility to be remodeled or renovated, including the date of construction of such facility and the extent of reconstruction necessary to enable such facility to provide a modern program of vocational education; "(2) a description of the equipment to be replaced or modernized with the assistance of funds made available under this subpart; "(3) a description of the extent to which the modernization or conversion of facilities and equipment, if assisted with funds made available under this subpart, would be consistent with, and further the goals of, the five-year State plan developed pursuant to section 107; "(4) the financial ability of the local educational agency to undertake such modernization without Federal assistance; "(5) assurances that the facility to be remodeled or renovated will meet standards adopted pursuant to the Act of August 12, 1968; "(6) the extent of State and local funds available to match Federal funds made available under this subpart, together with the sources and amounts of such funds; " (7) such other information as the State board determines to be appropriate; and "(8) such other information as the Commissioner may require by regulation. "(b) In approving applications submitted under this subpart, the Commissioner shall apply only the following criteria: "(1) the need for such assistance, taking into account such factors as— "(A) the age and obsolescence of the facilities and equipment for which emergency modernization assistance is sought, "(B) the rate of youth unemployment in the labor market \ area served by the local educational agency, \ "(C) the number of youth aged seventeen through twentyone residing in the labor market area served by the local educational agency who are unemployed, and "(D) the percentage such youth represent, as compared with the vocational education enrollment in the local educational agency, " (E) the ability of the facility to comply with the standards adopted pursuant to the Act of August 12, 1968 (42 U.S.C. 4151^156), commonly known as the Architectural Barriers Act of 1968; and "(2) the degree to which the modernization of facilities and equipment proposed in the application afford promise of achiev-

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Page:United States Statutes at Large Volume 90 Part 2.djvu/743

 PUBLIC LAW 94-4«2—OCT. 12, 1976

90 STAT. 2211

ing the goals set forth in the five-year State plan developed pursuant to section 107. "(c) The Commissioner shall rank all approved applications according to their relative need for assistance and, except as provided in subsection (d), shall pay, from sums appropriated for this part, 75 per centum of the cost of such approved applications, until such appropriation shall be exhausted. "(d) The Commissioner shall consult with the Administrator of Consultation. General Services and the Architectural and Transportation Barriers Compliance Board to determine whether the proposed remodeling or renovation will meet standards adopted pursuant to the Act of August 12, 1968, commonly known as the Architectural Barriers Act 42 USC 4151. of 1968. "(e) Upon a finding, in writing, that a local educational agency with Waiver. an approved application is suifering from extreme financial need and would not, because of the limitation of Federal financial assistance to 75 per centum of the cost of the approved project, be able to participate in the program authorized by this subpart, the Commissioner may waive such limitation and may pay the full cost of the approved project. "PAYMENT

"SEC. 194. (a) Upon his approval of an application for assistance 20 USC 2444. under this subpart, the Commissioner shall reserve from the appropriation available therefor the amount required for the payment of the Federal share of the cost of such application as determined under subsection (c) or (d) of section 193. "(b) The Commissioner shall pay to the applicant such reserved amount, in advance or by way of reimbursement, and in such installments consistent with established practice, as he may determine. "PART C—DEFINITIONS uDEFINITIONS

"SEC. 195. As used in this Act— 20 USC 2461. "(1) The term 'vocational education' means organized educational programs which are directly related to the preparation of individuals for paid or unpaid employment, or for additional preparation for a career requiring other than a baccalaureate or advanced degree; and, for purposes of this paragraph, the term 'organized education program' means only (A) instruction related to the occupation or occupations for which the students are in training or instruction necessary for students to benefit from such training, and (B) the acquisition, maintenance, and repair of instructional supplies, teaching aids and equipment; and the term 'vocational education' does not mean the construction, acquisition or initial equipment of buildings, or the acquisition or rental of land. "(2) The term 'area vocational education school' means— "(A) a specialized high school used exclusively or principally for the provision of vocational education to persons who are available for study in preparation for entering the labor market, or "(B) the department of a high school exclusively or principally used for providing vocational education in no less than five different occupational fields to persons who are available for study in preparation for entering the labor market, or

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 90 STAT. 2212

--

r"

PUBLIC LAW 94-482—OCT. 12, 1976

"(C) a technical or vocational school used exclusively or principally for the provision of vocational education to persons who have completed or left high school and who are available for study in preparation for entering the labor market, or "(D) the department or division of a junior college or community college or university operating under the policies of the State board and which provides vocational education in no less than five different occupational fields, leading to immediate employment but not necessarily leading to a baccalaureate degree, if it is available to all residents of the State or an area of the State designated and approved by the State board, and if, in the case of a school, department, or division described in (C) or (D), if it admits as regular students both persons who have completed high school and persons who have left high school. "(3) The term 'school facilities' means classrooms and related facilities (including initial equipment) and interests in lands on which such facilities are constructed. Such term shall not include any facility intended primarily for events for which admission is to be charged to the general public. "(4) The term 'construction' includes construction of new buildings and acquisition, expansion, remodeling, and alteration of existing buildings, and includes site grading and improvement and architect j fees. "(5) The term 'Commissioner' means the Commissioner of Education. "(6) The term 'Secretary' means the Secretary of Health, Education, and Welfare. "(7) The term 'handicapped', when applied to persons, means persons who are mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired persons who by reason thereof require special education and related services, and who, because of their handicapping condition, cannot succeed in the regular vocational education program without special education assistance or who require a modified vocational education program. "(8) The term 'State' includes, in addition to the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. "(9) The term 'State board' means a State board designated or created by State law as the sole State agency responsible for the administration of vocational education, or for supervision of the administration of vocational education in the State. "(10) The term 'local educational agency' means a board of education or other legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district, or political subdivision in a State, or any other public educational institution or agency having administrative control and direction of a vocational education program. "(11) The term 'State educational agency' means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law, "(12) The term 'postsecondary educational institution' means a nonprofit institution legally authorized to provide postsecondary edu-

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 PUBLIC LAW 94-482—OCT. 12, 1976 cation within a State for persons sixteen years of age or older, who have graduated from or left elementary or secondary school. "(13) The term 'eligible recipient'means a local educational agency or a postsecondary educational institution. "(14) The term 'National Advisory Council' means the Js'ational Advisory Council on Vocational Education continued under section 162. "(15) The term 'industrial aits education programs' means those education programs (A) which pertain to the body of related subject matter, or related courses, organized for the development of understanding about all aspects of industry and technology, including learning experiences involving activities such as experimenting, designating, constructing, evaluating, and using tools, machines, materials, and processes and (B) which assist individuals in the making of informed and meaningful occupational choices or which prepare them for entry into advanced trade and industrial or technical education programs. "(16) The term 'disadvantaged' means persons (other than handicapped persons) who have academic or economic handicaps and who require special services and assistance in order to enable them to succeed in vocational education programs, under criteria developed by the Commissioner based on objective standards and the most recent available data. " (17) The term 'low-income family or individual' means such families or individuals who are determined to be low-income according to the latest available data from the Department of Commerce. "(18) The term 'cooperative education' means a program of vocational education for persons who, through written cooperative arrangements between the school and employers, receive instruction, including required academic courses and related vocational instruction by alternation of study in school with a job in any occupational field, but these two experiences must be planned and supervised by the school and employers so that each contributes to the student's education and to his or her employability. Work periods and school attendance may be on alternate half days, full days, weeks, or other periods of time in fulfilling the cooperative program. " (19) The term 'curriculum materials' means materials consisting of a series of courses to cover instruction in any occupational field which are designed to prepare persons for employment at the entry level or to upgrade occupational competencies of those previously or presently employed in any occupational field. " (20) For the purposes of this Act, the term 'administration' means activities of a State necessary for the proper and efficient performance of its duties under this Act, including supervision, but not including ancillary services."

90 STAT. 2213

'

^-

RELATED AMENDMENTS

SEC. 203. (a)(1) Section 107(a)(2)(A) of the Comprehensive Employment and Training Act of 1973 is amended by redesignating 29 USC 817. clauses (iii) through (vii) (and any cross references thereto) as clauses (iv) through (viii) respectively, and by inserting immediately after clause (ii) the following new clause: "(iii) one representative of the State Advisory Council on Vocational Education created pursuant to section 105 of the Vocational Education Act of 1963;". Ante, p. 2174. (2) Section 107(b) of the Comprehensive Employment and Training Act of 1973 is amended by adding at the end thereof a new paragraph (4) to read as follows:

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Page:United States Statutes at Large Volume 90 Part 2.djvu/746

 90 STAT. 2214

Ante, p. 2174. 29 USC 952.

29 USC 953.

Ante, p. 2199.

PUBLIC LAW 94-4e2~0CT. 12, 1976 "(4)(i) identify, after consultation with the State Advisory Council on Vocational Education, the employment and training and vocational education needs of the State and assess the extent to which employment training, vocational education, vocational rehabilitation, and other programs assisted under this and related Acts represent a consistent, integrated, and coordinated approach to meeting such needs; and (ii) comment at least once annually, on the reports of the State Advisory Council on Vocational Education, which comments shall be included in the annual report submitted by the Council pursuant to this section and in the annual report submitted by the State Advisory Council pursuant to section 105 of the Vocational Education Act of 1963.". (b)(1) Section 502(a) of the Comprehensive Employment and Training Act of 1973 is amended by striking out "eleven members" in paragraph (2) and inserting in lieu thereof "ten members", by redesignating such paragraph (2) (andany cross reference thereto) as paragraph (3), and by inserting immediately after paragraph (1) the following new paragraph: "(2) a representative of the National Advisory Council on Vocational Education created pursuant to section 162 of the Vocational Education Act of 1963; and". (2) Section 503 of the Comprehensive Employment and Training Act of 1973 is amended by striking out "and" after paragraph (4), redesignating paragraph (5) (and any cross reference thereto) as paragraph (6), and by inserting immediately after paragraph (4) the following new paragraph: " (5)(i) identify, after consultation with the National Advisory Council on Vocational Education, the employment and training and vocational education needs of the Nation and assess the extent to which employment training, vocational education, vocational rehabilitation, and other programs assisted under this and related Acts represent a consistent, integrated, and coordinated approach to meeting such needs; and (ii) comment, at least once annually, on the reports of the National Advisory Council on Vocational Education, which comments shall be included in one of the reports submitted by the National Commission pursuant to this section and in one of the reports submitted by the National Advisory Council on Vocational Education pursuant to section 162 of the Vocational Education Act of 1963; and". EFFECTIVE DATES A N D REPEALERS

20 USC 1242

SEC. 204. (a)(1) Section 201 shall be effective upon date of

20 USC 2301 (2) Sections 202 and 203 shall be effective on October 1, 1977, note; 29 USC 817 except that— °°*®" (A) the amendments made by the revised section 102(d) (relat20 USC 2302 in^ to an authorization of appropriations for planning) and secnote, 2307 note. ^ion 107 (relating to planning during fiscal year 1977) shall be effective upon enactment, and 20 USC 2303 (B) the amendments made by section 103(a)(1) (relating to note, 2391 note. reserving funds for the National Occupational Information Coordinating Committee) and section 161 (relating to the national vocational education data reporting and accounting system and the National Occupational Information Coordinating Committee and similar State committees) shall be effective upon enactment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/747

 PUBLIC LAW 94-482—OCT. 12, 1976 (b) Upon the effective date of section 202, individuals who are members of the State advisory councils on vocational education may continue to serve for the terms for which they were appointed, except that no such member may serve for more than two fiscal years after such effective date unless reappointed pursuant to the amendments contained in that section. (c) Effective October 1, 1977, there are hereby repealed— (1) title V, part F of the Education Professions Development Act. (2) title X, part B of the Higher Education Act, and (3) section 1071 of the Higher Education Act. TITLE III—EXTENSIONS AND KEVISIONS OF OTHER EDUCATION PROGRAMS

90 STAT. 2215 20 USC 2301 note.

Repeals. 20 USC 1119c-1119c-4. 20 USC 1135b-1135b-9. 20 USC 1135c.

PART A—EXTENSION AND REVISION OF RELATED PROGRAMS EXTENSION o r TITLE III OF THE NATIONAL DEFENSE EDUCATION ACT OF 1958

SEC. 301. (a) The first sentence of section 301 of the National Defense Education Act of 1958 is amended by striking out "June 30, 20 USC 441. 1977" and inserting in lieu thereof "September 30, 1978". (b) The second sentence of such section is amended by striking out "July 1, 1977" and inserting in lieu thereof "October 1, 1978". E X T E N S I O N AND REVISION OF TITLE VI OF THE NATIONAL DEFENSE EDUCATION ACT OF 1958

SEC. 302. (a) The heading of title VI of the National Defense Education Act of 1958 is amended to read as follows: "TITLE VI—FOREIGN STUDIES AND LANGUAGE DEVELOPMENT". (b) Title VI of the National Defense Education Act of 1958 is amended by redesignating section 603 as section 604 and by inserting after section 602 the following new section: "GRANT PROGRAM TO PROMOTE CULTURAL UNDERSTANDING

"SEC. 603. (a) The Congress finds that— 20 USC 512a. "(1) the well-being of the United States and its citizens is affected by policies adopted and actions taken by, or with respect to, other nations and areas; and "(2) the United States must afford its citizens adequate access to the information which will enable them to make informed judgments with respect to the international policies and actions of the United States. I t is, therefore, the purpose of this section to support educational programs which will increase the availability of such information to students in the United States. "(b) The Commissioner is authorized, by grant or contract, to stimulate locally designed educational programs to increase the understanding of students in the United States about the cultures and actions of other nations in order to better evaluate the international and domestic impact of major national policies. (c) Grants or contracts under this section— "(1) may be made to any public or private agency or organization, including, but not limited to, institutions of higher education. State and local educational agencies, professional associations, educational consortia, and organizations of teachers;

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Page:United States Statutes at Large Volume 90 Part 2.djvu/748

 90 STAT. 2216

^ 20 USC 513.

20 USC 512.

PUBLIC LAW 94-482—OCT. 12, 1976 "(2) may include assistance for in-service training of teachers and other education personnel, the compilation of existing information and resources about other nations in forms useful to various types of educational programs, and the dissemination of information and resources to educators and educational officials upon their request, but shall not be used for the development of new curriculums or the acquisition of equipment or remodeling of facilities; and "(3) may be made for projects and programs at all levels of education, and may include projects and programs carried on as part of community, adult, and continuing education programs.". (c) Section 604 of such Act (as so redesignated by subsection (b) of this section) is amended by striking out everything after "$75,000,000" and inserting in lieu thereof the following: "for each fiscal year ending prior to October 1, 1977, to carry out the provisions of this title, except that no funds shall be made available in any fiscal year for carrying out programs under section 603 until at least $15,000,000 has been made available in such fiscal year for carrying out the provisions of sections 601 and 602.". (d) Section 602 of such Act is amended by adding in the first sentence, after "directly or by", the following: "grant or". EXTENSION OF THE INTERNATIONAL EDUCATION ACT OF 1966

20 USC 1176.

SEC. 303. Section 105(a) of the International Education Act of 1966 is amended to read as follows: "SEC. 105. (a) There are authorized to be appropriated $10,000,000 for fiscal year 1977, for the purpose of carrying out the provisions of this title.". PART B — OTHER EDUCATION PROGRAMS EXTENSION A N D REVISION OF THE EMERGENCY SCHOOL AID ACT

20 USC 1603.

Appropriation authorization.

SEC. 321. (a) Section 704(a) of the Emergency School Aid Act is amended by inserting after "1976" a comma and the following: "and $1,000,000,000 for the period beginning July 1, 1976, and ending September 30, 1979, except that of the sums available under section 708 (a), the Assistant Secretary is limited in the use of such sums to an amount, not more than 5 percent, which may be used for providing compensatory services to students who had previously received such services funded in whole or in part under title I of the Elementary and Secondary Education Act of 1965, but who are no longer receiving such services as a result of attendance area changes under a desegregation order or plan issued after August 21, 1974". (b) Section 704 of the Emergency School Aid Act is amended by inserting " (b) " immediately before "From" and by inserting at the end thereof the following: " (c) There are authorized to be appropriated, in addition to the sums authorized under subsection (a) of this section, $50,000,000 for fiscal year 1977, and $100,000,000 for fiscal year 1978, for the purpose of carrying out section 708(a), relating to special programs and projects. The provisions of section 705, relating to apportionment among the States, shall not apply to sums appropriated pursuant to this subsection.". (c)(1) Section 704 of the Emergency School Aid Act is amended by adding at the end thereof (following the subsection added by subsection (b) of this section) the following new subsection:

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 PUBLIC LAW 94-482—OCT. 12, 1976 " (d) There are authorized to be appropriated in addition to the sums authorized under subsection (a) of this section $25,000,000 for fiscal year 1977 and $50,000,000 for fiscal year 1978, for the purpose of carrying out activities specified in paragraph s (13) through (15) of section 707(a) of this Act. The provisions of section 705, relating to apportionment among the States, shall not apply to sums appropriated pursuant to this subsection.". (2) Section 707(a) of such Act is amended by adding after paragraph (12) of such section the following new paragraph s: "(13) P l a n n i n g and design of, and conduct of programs in, magnet schools. " (14) The pairing of schools and programs with specific colleges and universities and with leading businesses. "(15) The development of plans for neutral site schools.". (3) Section 720 of such Act is amended— (A) by inserting after paragraph (8) the following new paragraph: " (9) The term 'magnet school' means a school or education center that offers a special curriculum capable of attracting substantial numbers of students of different racial backgrounds.": (B) by redesignating paragraph s (9) and (10) as paragraph s (10) and (11), respectively; (C) by inserting after paragraph (11) (as redesignated by this paragraph) the following: "(12) The term 'neutral site school' means a school that is located so as to be accessible to substantial numbers of students of different racial backgrounds."; and (D) by redesignating paragraph s (11), (12), (13), (14), and (15) as paragraph s (13), (14), (15), (16), and (17), respectively. (d) Section 716(b) of the P^mergency School Aid Act is amended by striking out "September 30, 1976" and inserting in lieu thereof "September 30, 1979".

90 STAT. 2217 Appropriation authorization,

20 USC 1606.

20 USC 1619. 'Magnet school.,'

"Neutral site school."

20 USC 1615.

EXTENSION OF THE ALLEN J. ELLENDER FELLOWSHIP PROGRAM

SEC. 322. Section 5 of the joint resolution approved October 19, 1972 (Public Law 92-506; 86 Stat. 908), relating to the Allen J. Ellender fellowship program, is amended by striking out " t w o " and by inserting after "years" the following: "ending prior to October 1, 1976, $750,000 for each of the fiscal years 1977 and 1978, and $1,000,000 for fiscal year 1979 and for each of the fiscal years ending prior to October 1, 1982". MAINTENANCE

OF EFFORT

SEC. 323. (a)(1) Section 143(c)(2) of the Elementary and Seconda r y Education Act of 1965 is amended by inserting "per student or 20 USC 241g. the aggregate expenditures" immediately after "combined fiscal effort" each time that term occurs. (2) Section 307(e) of such Act is amended by inserting "per student 20 USC 845. or the aggregate expenditures" after "fiscal effort" each time that term occurs. (3) Section 403(a) (11) of such Act is amended to read as follows: 20 USC 1803. "(11) gives satisfactory assurance that the aggregate amount to be expended per student or the aggregate expenditure by the State, its local educational agencies, and private schools in such State from funds derived from non-Federal sources for programs described in section 421(a) and section 431(a) for the pre- 20 USC 1821, ^ ^ ^ 1831.

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 90 STAT. 2218

20 USC 1206.

20 USC 1609.

,;

PUBLIC LAW 94-482—OCT. 12, 1976 ceding fiscal year were not less than the amount per student expended or the aggregate expenditure for the second preceding year.". (4) Section 307(b) of the Adult Education Act is amended to read as follows: "(b) No payment shall be made to any State from its allotment for any fiscal year unless the Commissioner finds that the fiscal effort per student or the amount available for expenditure by such State for adult education from non-Federal sources for the preceding fiscal year was not less than such fiscal effort per student or such amount available for expenditure for such purposes from such sources during the second preceding fiscal year, but no State shall be required to use its funds to supplant any portion of the Federal share.". (5) Section 710(a) (13) of the Emergency School Aid Act is amended to read as follows: "(13) provides that the applicant has not reduced its fiscal effort per student or the aggregate expenditure for the provision of free public education for children in attendance at the school of such agency for the fiscal year for which assistance is sought under this title to less than that of the second preceding fiscal year;". (b) The General Education Provisions Act is amended by inserting after section 431 the following new section: ((MAINTENANCE

20 USC 1232-1. 20 USC 1803, 1206.

f

OF EFFORT DETERMINATION

"SEC. 431A. (a)(1) I n prescribing regulations for carrying out the requirements of section 403(a) (11) of the Elementary and Secondary Education Act of 1965 and section 307(b) of the Adult Education Act, the Commissioner shall— "(A) determine the amount so expended on the basis of per pupil or aggregate expenditures; " (B) prescribe that the requirement for each such section is met for any fiscal year for which notification is given under subparagraph (C) if, for such year, the fiscal effort per student or the amount expended is not less than the allowable percentage reduction for that agency from its fiscal effort per student or the amount expended by that agency in its base year; and "(C) requires that each agency intending to use the provisions of this section shall notify the Commissioner. "(2) For purposes of paragraph (1)(B) of this subsection— "(A) an agency's base year for the period in which such paragraph is effective shall be the fiscal year determined by that agency to be such base year in the first fiscal year for which such notification is given by that agency, except that such base year so determined shall be— "(i) the fiscal year preceding such fiscal year for which notification is given; or "(ii) the second fiscal year preceding such year of notification; and " (B) an agency's allowable percentage reduction for any fiscal year shall be a percentage reduction from the fiscal effort per student or the amount expended in its base year determined by that agency which, when added to the sum of any such percentage reductions previously determined by that agency for purposes of paragraph (1)(B), does not exceed 5 percent.

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 PUBLIC LAW 94-482—OCT. 12, 1976 " (b)(1)(A) In any case in which exceptional circumstances exist, the Commissioner may, in accordance with the provisions of this subparagraph, waive, for any fiscal year, the requirement of section 403(a) (11) of the Elementary and Secondary Education Act of 1965, of section 307(b) of the Adult Education Act, and of this section, if he determines such waiver to be equitable in order to reflect such circumstances, including those resulting from decreasing enrollments or fiscal resources of the relevant local educational agency, or the State, or both. In any case in which a waiver under this subparagraph is granted, the Commissioner shall reduce the amount of the Federal payment for the current fiscal year in the exact proportion to which the fiscal effort per student or the amount expended was less than 100 percent for the second preceding fiscal year as required by section 403(a) (11) of the Elementary and Secondary Education Act of 1965, and by section 307(b) of the Adult Education Act. "(13) In any case in which very exceptional circumstances exist, the Commissioner may waive, for any fiscal year, the requirement of section 403(a) (11) of the Elementary and Secondary Education Act of 1965, of section 307(b) of the Adult Education Act, and of this section, if he determines such waiver to be equitable in order to reflect such circumstances, including those resulting from decreasing enrollments or fiscal resources of the relevant local educational agency, or the State, or both. "(2)(A) In any case in which exceptional circumstances exist with respect to a local educational agency, the Commissioner may, in accordance with the provisions of this subparagraph, waive, for one fiscal year only with respect to such local educational agency, the requirement of section 143(c)(2) of the Elementary and Secondary Education Act of 1965 if he determines such waiver to be equitable in order to reflect such circumstances, including those resulting from decreasing enrollments or fiscal resources of the relevant local educational agency or the State, or both. In any case in which a waiver under this subparagraph is granted, the Commissioner shall, for one fiscal year only, reduce the amount of the Federal payment for the current fiscal year in the exact proportion to which the fiscal effort per student of that agency or the amount expended by that agency was less than 100 percent for the second preceding fiscal year as required by section 143(c)(2) of the Elementary and Secondary Education Act of 1965. "(B) In any case in which very exceptional circumstances exist with respect to a local educational agency, the Commissioner may waive for one fiscal year only, with respect to such local educational agency the requirement of section 143(c)(2) of the Elementary and Secondary Education Act of 1965 if he determines such waiver to be equitable in order to reflect such circumstances, including those from decreasing enrollments or fiscal resources of such local educational agency. "(3) The Commissioner shall establish objective criteria of general applicability to carry out the waiver authority contained in this subsection, "(c) This section shall be effective with respect to each requirement to which it applies, during the period which begins on the date of the enactment of the Education Amendments of 1976, and ends on the date of termination of the program to which the requirement applies. For purposes of the preceding sentence, a program shall be considered to terminate on September 30 of the fiscal year, if any, during which such program is automatically extended pursuant to section 414 of the General Education Provisions Act.".

90 STAT. 2219

20 USC 1803, 1206.

20 USC 241g.

Effective date,

20 USC 1226a.

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 9 0 STAT. 2220

PUBLIC LAW 94-482—OCT. 12, 1976 PARTICIPATION

20 USC 1806.

OF NONPUBLIC

SCHOOL

CHILDREN

SEC. 324. Section 406(e) of the Elementary and Secondary Education Act of 1965 is amended by inserting after " h e " the following, "may waive such requirements and". W O M E N ' S E D U C A T I O N A L EQUITY

20 USC 1866.

SEC. 325. (a) The first sentence of section 408(f)(1) of the Education Amendments of 1974 (the Women's Educational E q u i t y Act of 1974) is amended by striking out " a n " and inserting in lieu thereof "a National". (b) Section 4 0 8 (f)(3) of the Education Amendments of 1974 is amended.— (1) by striking out " and " at the end of clause (C) of such section, (2) by striking out the period at the end of clause (D) and inserting in lieu thereof a semicolon, and (3) by inserting at the end thereof the following new clauses: " (E) make such reports as the Council determines approp r i a t e to the President and the Congress on the activities of the Council; and " (F) disseminate information concerning the activities of the Council under this section.". (c) Section 408(f) of the Education Amendments of 1974 is amended by striking out the subsection designation " (f) " the second time it appears in such section and inserting in lieu thereof " (g) ". STATE EQUALIZATION

20 USC 246.

SEC. 326. Section 842(a)(1) of the Education Amendments of 1974, relating to assistance to States for State equalization plans, is amended by striking out " July 1, 1977" and inserting in lieu thereof "October 1, 1978". INDOCHINA

20 USC 1225 note. 20 USC 1226a. Ante, p. 1225. 20 USC 1211b note.

PLANS

REFUGEE CHILDREN ASSISTANCE AND SIMILAR PROGRAMS

ACT OF 19 7 6

SEC. 327. The provisions of section 414 of the General Education Provisions Act, relating to the contingent extension of applicable programs, shall not apply to the Indochina Refugee Children Assistance Act of 1976, or to any program of financial assistance for educational purposes for Indochinese refugee children, HOLD HARMLESS RELATING TO TITLE IV OF ELEMENTARY AND EDUCATION ACT OF 1965

20 USC 1801. Appropriation authorization. 20 USC 1802. 20 USC 821, 841, 861, 887, 887a. 20 USC 441.

SECONDARY

S E C 328. Section 401 of the Elementary and Secondary Education Act of 1965 is amended by adding a t the end thereof the following new subsection; " (d) There are authorized to be appropriated for obligation by the Commissioner during the fiscal year ending September 30, 1978, such sums as may be necessary for the purpose of increasing the allotment under section 402(a)(2) for that year to any State to a level of funding which equals the amounts of funds received by that State for the fiscal year ending June 30, 1974, for programs under title II, title III, title V, and sections 807 and 808 of this Act, and title III (except for section 305) of the National Defense Education Act of 1958.".

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 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2221

AMENDMENT TO ADUIiT EDUCATION ACT

SEC. 329. Section 309 of the Adult Education Act is amended by 20 USC 1208. striking out "15 per centum" and inserting in lieu thereof "10 per centum". AMENDMENTS RELATING TO PUBLIC LAW 8 7 4, EIGHTY-FIRST CONGRESS

SEC. 330. (a) Section 5(d)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by adding at 20 USC 240. the end thereof the following new subparagraph: "(C) In the application of subparagraph (A) of this paragraph to any State having a program described in such subparagraph (A) in effect on the date of the enactment of the Education Amendments of 1976, no payment may be withheld from and no repayment may be required of any State or local educational agency for any period prior to promulgation of final regulations, or, if the State is not in conformance with such regulations, until July 1, 1977.". (b)(1) Section 5(c)(1) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress) is amended to read as follows: "(1) He shall first allocate to each local educational agency which is entitled to a payment under section 2 an amount equal to 100 per centum of the amount to which it is entitled as computed under that section for such fiscal year and he shall further allocate to each local educational agency which is entitled to a payment under section 3 an amount equal to 25 per centum of the amount to which it is entitled as computed under section 3(d) for such fiscal year.". (2) Section 5(c)(2) of such Act is amended (A) by striking out "; and" at the end of clause (F) and inserting in lieu thereof a period, and (B) by striking out clause (G). (3) Section 5(c)(3) of such Act, as so amended, is amended by striking out "sections 2, 3, and 4" and inserting in lieu thereof "sections 3 and 4". (4) The amendments made by this subsection shall take effect on Effective date. July 1, 1975. 20 USC 240 note. PART C—CAREER EDUCATION AND CAREER DEVELOPMENT PURPOSE

.

„

SEC. 331. I t is the purpose of this part to provide Federal assistance 20 USC 2501. to States to enable them to plan for the development of career education and career development programs and activities for individuals of all ages, and to plan for the improvement of existing programs and activities, in the areas of awareness, exploration, planning, and decisionmaking of individuals served with regard to career opportunities and career development throughout the lifetimes of such individuals, through—• (1) planning for the development of information on the needs for career education and career development for all individuals; (2) planning for the promotion of a national dialogue on career education and career development designed to encourage each State and local educational agency to determine and adopt the approach best suited to the needs of the individuals served by each such agency;

89-194 O—78—pt. 2

48

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 90 STAT. 2222

PUBLIC LAW 94-482—OCT. 12, 1976 (3) planning for the assessment of the status of career education and career development programs and practices, including a reassessment of the stereotyping of career opportunities by race or by sex; (4) planning for the demonstration of the best of the current career education and career development programs and practices by planning to develop and test exemplary programs and practices using various theories, concepts, and approaches with respect to career education and through planning for a nationwide system of regional career education centers; (5) planning for the training and retraining of persons for conducting career education and career development programs; and (6) developing State and local plans for implementing programs designed to ensure that every person has the opportunity to gain the knowledge and skills necessary for gainful or maximum employment and for full participation in our society according to his or her ability. AUTHORIZATION OF APPROPRIATIONS; ALLOTMENT

20 USC 2502. 20 USC 1231c.

'State.

SEC. 332. (a) There are authorized to be appropriated for the purpose of this part $10,000,000 for fiscal year 1978. The provisions of section 414 of the General Education Provisions Act shall not apply to the authorization made by this subsection. (b)(1) From the sums appropriated under this part, the Commissioner of Education shall reserve an amount not to exceed $2,000,000, for the purpose of carrying out section 335 of this part. (2) From the remainder of the sums appropriated under this part, the Commissioner shall reserve such amount, not to exceed 3 per centum thereof, as he may determine necessary and shall allot such amount among the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands, according to their relative need for assistance under this part. (3)(A) Of the remainder of the sums appropriated, the Commissioner shall allot to each State $100,000, and of the remainder of the sums appropriated the Commissioner shall allot to each State an amount which bears the same ratio to such sums for such year as the population of the State bears to the population of all States, for purposes of carrying out section 331. (B) For purposes of this paragraph, the term "State" means any of the several States and the District of Columbia. (c) The Federal share of funds allotted to States under this part shall not exceed 80 per centum of the total cost of the planning undertaken pursuant to this part. PROGRAM ADMINISTRATION

20 USC 2503. 20 USC 1865.

SEC. 333. The provisions of this part shall be carried out by the Commissioner through the Office of Career Education established pursuant to section 406(c) of the Education Amendments of 1974. rrSE OF FUNDS

Report to eommissioner.

20 USC 2504.

SEC. 334. Any State desiring to receive the amount for which it is eligible for any fiscal year pursuant to this part shall agree to submit to the Commissioner by December 31, 1978, a report on any planning

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 PUBLIC LAW 94-482—OCT. 12, 1976 undertaken pursuant to this part. Such report shall be in such form as the State may desire, and may include planning proposals for— (1) extending career education and career development programs and services to all individuals in the State; (2) extending the concept of the education process beyond the school into the area of employment and community affairs, and relating the subject matter curriculums of schools to the needs of individuals to function in society; (3) the implementation of new concepts in career education and career development and for the replication of concepts which have demonstrated success; (4) the development of training programs, including inservice training programs, for teachers, counselors, other educators, and administrators; (5) fostering cooperative arrangements with such community groups and agencies as the public employment services, vocational rehabilitation service, community mental health agencies, education opportunity centers, and other community resources concerned with vocational development guidance and counseling, in order to avoid unnecessary duplication in the provision of services in the community or area to be served; and (6) inventories of State, local, and private resources available for the development of career education and career development programs and services. CAREER

90 STAT. 2223

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S

INFORMATION

SEC. 335. (a) The Commissioner shall provide, either directly or by 20 USC 2505. grant or contract, for— (1) the gathering, cataloging, storing, analyzing, and disseminating information related to the availability of, and preparation for, careers in the United States, including information concerning current career options, future career trends, and career education; (2) the ongoing analysis of career trends and options in the United States, using information from both the public and private sectors, including such sources as the Bureau of Labor Statistics, the Department of Commerce, the Tariff Commission, economic analysts, labor unions, and private industry; (3) the publication of periodic reports and reference works using analysis prepared pursuant to this section and containing exemplary materials from the career education field, including research findings, results, and techniques from successful projects and programs, and highlights of ongoing analyses of career trends in the United States; and -^ (4) the conduct of seminars, workshops, and career information sessions for the purpose of disseminating to teachers, guidance counselors, other career educators, administrators, other education personnel, and the general public information compiled and analyzed under this section. (b) In carrying out the provisions of this part, and to the extent practicable, the Commissioner shall (1) make use of existing offices, centers, clearinghouses, and research capabilities, (2) coordinate among the offices, centers, clearinghouses, and research capabilities in carrying out his career information responsibilities, and (3) use the career information capabilities of the Education Division.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/756

 90 STAT. 2224

PUBLIC LAW 94-482—OCT. 12, 1976 NATIONAL ADVISORY COUNCIL

20 USC 2506. 20 USC 1865.

SEC. 336. The National Advisory Council for Career Education established pursuant to section 406(g) of the Education Amendments of 1974 shall, in addition to its duties under that section, advise the Commissioner with respect to the implementation of this part. PART D—GUIDANCE AND COUNSELING FINDINGS

20 USC 2531.

SEC. 341. The Congress finds that— (1) guidance and counseling activities are an essential component to assure success in achieving the goals of many education programs: (2) lack of coordination among guidance and counseling activities supported jointly or separately by Federal programs and by State and local programs has resulted in an underutilization of resources available for such activities; and (3) increased and improved preparation of education professionals is needed in guidance and counseling, including administration of guidance and counseling programs at the State and local levels, with special emphasis on inservice training which takes educational professionals into the workplaces of business and industry, the professions, and other occupational pursuits, and that increased and improved use of individuals employed in such pursuits are needed for effective guidance and counseling programs, including (A) bringing persons employed in such pursuits into schools, and (B) bringing students into such workplaces for observation of, and participation in, such pursuits, in order to acquaint the students with the nature of the work. APPROPRIATIONS AUTHORIZED

20 USC 2532.

20 USC 1801. 20 USC 1821.

SEC. 342. (a) There are authorized to be appropriated $20,000,000 for each of the fiscal years 1978 and 1979, to carry out the provisions of this part. (b)(1) There are authorized to be appropriated $3,000,000 for fiscal year 1977, for purposes of grants to States made by the Commissioner for programs, projects, and leadership activities designed to expand and strengthen counseling and guidance services in elementary and secondary schools. (2) No sums are authorized to be appropriated under section 401(a) of the Elementary and Secondary Education Act of 1965 for fiscal year 1977, for the purpose of making grants under part B (Libraries and Learning Resources) of title IV of such Act, for such fiscal year which represent the amount authorized to be appropriated under paragraph (1) of this subsection. (3)(A) The Commissioner shall allot the amounts appropriated under this subsection among Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this subsection. In addition, he shall allot from such amounts to (i) the Secretary of the Interior the amounts necessary for the programs, projects, and activities authorized by this subsection for children and teachers in elementary and secondary schools operated for Indian children by the Department of the Interior; and (ii) the Secretary of Defense the amounts necessary for the programs, projects, and activities author-

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 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2225

ized by this subsection for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payment for such purposes shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this subsection. (B) From the amounts appropriated to cany out this subsection, the Commissioner shall allot to each State from such amounts an amount which bears the same ratio to such amounts as the number of children aged five to seventeen, inclusive, in the State bears to the number of such children in all the States. For the purposes of this "State." subparagraph, the term "State" shall not include Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands. The number of children aged five to seventeen, inclusive, in a State and in all the States shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him. (C) The amount of any State's allotment under subparagraph (A) or subparagraph (B) to carry out this subsection which the Commissioner determines will not be required to carry out this subsection shall be available for reallotment from time to time, on such dates as the Commissioner may fix, to other States in proportion to the original allotments to such States under subparagraph (A) or subparagraph (B) but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use. The total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amounts reallotted to a State under this subparagraph from funds appropriated under this subsection shall be deemed a part of its allotment under subparagraph (A) or subparagraph (B). ADMINISTRATION

SEC. 343. (a) The Commissioner shall establish or designate an 20 USC 2533,, administrative unit within the Education Division for purposes of— (1) carrying out provisions of this section; (2) providing information regarding guidance and counseling as a profession, guidance and counseling activities of the Federal Government, and, to the extent practicable, activities of State and local programs of guidance and counseling; and (3) advising the Commissioner on coordinating guidance and counseling activities included in all programs which he is authorized to carry out, and, to the extent he deems practicable, how such activities may be coordinated with other programs of the Federal Government and State and local guidance and counseling programs. (b) The Commissioner may reserve an amount not to exceed 5 per centum of the sums appropriated under this part to carry out the provisions of this section. PROGRAM AUTHORIZED

SEC. 344. (a) The Commissioner is authorized, on a competitive 20 USC 2534. basis, to enter into contracts and make grants to State and local educational agencies, to institutions of higher education, and to private nonprofit organizations to assist them in conducting institutes, work shops, and seminars designed to improve the professional guidance

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Page:United States Statutes at Large Volume 90 Part 2.djvu/758

 90 STAT. 2226

PUBLIC LAW 94-482—OCT. 12, 1976 qualifications of teachers and counselors in State and local educational agencies and nonpublic elementary and secondary school systems, including opportunities for teachers and guidance counselors in such agencies and systems to obtain experience m business and industry, the professions, and other occupational pursuits, and including, for the purpose of such improvement, such programs, services, or activities which bring individuals with experience in such pursuits into schools as counselors or advisors for students, and which bring students into the workplaces of such pursuits to acquaint students with the nature of the work and to provide training for supervisory and technical personnel in such agencies and systems having responsibilities for guidance and counseling, and to improve supervisory services in the field of guidance and counseling. (b) The Commissioner is authorized to make grants to States to assist them in carrying out programs to coordinate new and existing programs of guidance and counseling in the States. TITLE IV—GENERAL EDUCATION PROVISIONS SURVEY o r AVAILABILITY OF QUALIFIED I'EACHERS

20 USC 1221e-l.

SEC. 401. (a) Section 406(b) of the General Education Provisions ^ c t is amended by striking out "and" at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof "; and", and by adding at the end thereof the following new subparagraph: "(5) conduct a continuing survey of institutions of higher education and local educational agencies to determine the demand for, and the availability of, qualified teachers and administrative personnel, especially in critical areas within education which are developing or are likely to develop, and assess the extent to which programs administered in the Education Division are helping to meet the needs identified as a result of such continuing survey.". (b) Section 406(d)(1) of the General Education Provisions Act is amended by striking out "and" at the end of subparagraph (B), by striking out the period at the end of subparagraph (C) and inserting in lieu thereof "; and", and by adding at the end thereof the following new subparagraph: "(D) clearly sets forth areas of critical need for additional qualified education personnel in local education agencies and, after discussion and review b^ the Advisory Council on Education Statistics, identifies priorities within projected areas of need, and includes recommendations of the Council with respect to the most effective manner in which the Nation and the Federal Government may address such needs.". (c) Section 406(g) of the General Education Provisions Act is amended by striking out "for the fiscal year ending June 30, 1977" each time it appears and inserting in lieu thereof "for each of the fiscal years ending prior to October 1, 1978". EXTENSION o r F U N D FOR IMPROVEMENT OF POSTSECONDARY EDUCATION

20 USC 1221d.

^ SEC. 402. (a) Section 404 of the General Education Provisions Act is amended by striking out "SUPPORT FOR" in the heading of such section and inserting in lieu thereof "FUND FOR THE".

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 PUBLIC LAW 94-482—OCT. 12, 1976

90 STAT. 2227

(b) Section 404(e) of the General Education Provisions Act is 20 USC 1221(1. amended by striking out "for the fiscal year ending June 30, 1975" and inserting in lieu thereof "for each succeeding fiscal year ending prior to October 1, 1979". NATIONAL INSTITUTE OF EDUCATION

SEC. 403. (a) Section 405(b)(2) of the General Education Provisions Act is amended to read as follows: ^ 20 USC 122 le. "(2) The Institute shall, in accordance with the provisions of this section, seek to improve education in the United States through concentrating the resources of the Institute on the following priority research and development needs— " (A) improvement in student achievement in the basic educational skills, including reading and mathematics; "(B) overcoming problems of finance, productivity, and management in educational institutions; ^ ' "(C) improving the ability of schools to meet their responsibilities to provide equal educational opportunities for students of limited English-speaking ability, women, and students who are socially, economically, or educationally disadvantaged; "(D) preparation of youths and adults for entering and progressing m careers; and " (E) improved dissemination of the results of, and knowledge gained from, educational research and development, including assistance to educational agencies and institutions in the application of such results and knowledge.". (b)(1) Section 405(c)(1) of the General Education Provisions Act is amended by striking out "Eight members" and inserting in lieu thereof "A majority of the members", and by adding at the end thereof the following new sentence: "The members of the Council shall be appointed so that the Council shall be broadly representative of the general public; of the education professions, including practitioner's and researchers; and of the various fields of education, including preschool, elementary and secondary, postsecondary, continuing, vocational, special, and compensatory education.". (2) Section 405(c)(2) of the General Education Provisions Act is amended by striking out "and" immediately before " (B) " in the first sentence and by inserting immediately before the period at the end of sii "li sentence the following: ", and (C) the term of office of each meribor shall expire on September 30 of the year in which such term A\onld otherwise expire, unless a successor to such member has not been appointed and confirmed by the Senate by such date, in which case such: icmber shall continue to serve until a successor has been appointed and confirmed". (3) Section 405(c)(3) of the General Education Provisions Act is amended by adding at the end thereof the following new sentence: "The Council may employ, without the approval of the Director, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, 5 USC 5101, not to exceed seven technical and professional employees, as the Coun- 5331, 5332 note, cil deems necessary to carry out its functions.". (c) Section 405(e) of the General Education Provisions Act is amended by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively, and by inserting immediately after paragraph (1) the following new paragraphs:

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