Migrant Children Education

MIGRANT CHILDREN EDUCATION

MONDAY, MAY 2, 1960

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON GENERAL EDUCATION,

COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C.

The subcommittee met, pursuant to notice, at 10 a.m., in room 429, Old House Office Building, Hon. Cleveland M. Bailey (chairman of the subcommittee) presiding.

Present: Representatives Bailey, Wier, and Thompson.

Also present: L. K. Alderman, chief clerk; R. C. Derrickson, investigator; Melvin W. Sneed, minority clerk; and R. E. McCord, clerk, Subcommittee on General Education.

Mr. BAILEY. The subcommittee will be in order.

These hearings which the subcommittee is holding are directed to H.R. 9872, sponsored by our colleague, a member of the Committee on Education and Labor, Mrs. Green, and H.R. 10378, which your chairman has introduced.

(H.R. 9872 and H.R. 10378 follow :)

[H.R. 9872, 86th Cong., 2d sess.]

A BILL To provide certain payments to assist in providing improved educational opportunities for children of migrant agricultural employees

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Migrant Children Educational Assistance Act of 1960"

FINDINGS AND PURPOSE OF ACT

SEC. 2. The Congress hereby reaffirms the principle and declares that the States and local communities have and must retain control over and primary responsibility for public education. The Congress recognizes, however, that the interstate movement of migrant agricultural employees imposes severe burdens on local educational agencies in discharging their responsibilities with respect to the education of the children of such employees who temporarily reside within their school districts. It is therefore the purpose of this Act to provide assistance to local educational agencies in providing education to the children of migrant agricultural employees, and to provide for certain planning grants to the States to improve such education.

FEDERAL CONTROL OF EDUCATION PROHIBITED

SEC. 3. Nothing contained in this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school system.

DEFINITIONS

SEC. 4. As used in this Act

(1) The term "local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent, or other school district located within a State, and includes any State agency which directly operates and maintains facilities for providing free public education,

(2) The term "child" means any child who is within the age limits for which the applicable local educational agency provides free public education,

(3) The term "parent" includes a legal guardian or other person in loco parentis,

(4) The term "migrant agricultural employee" means an individual employed in agriculture, as defined in section 3 (f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203 (f)), or performing agricultural labor, as defined in section 3121 (g) of the Internal Revenue Code of 1954 (26 U.S.C. 3121 (g)), on a seasonal or other temporary basis in a State where such individual does not maintain a permanent residence and for the purposes of this Act maintaining a permanent residence shall include the ownership of real property by either such individual or the spouse of such individual.

(5) The term "Commissioner" means the United States Commissioner of Education,

(6) The term "average daily current expenditures per public school child" means the total current expenditures for a State's public elementary and secondary schools during a particular year divided by the product of the average daily attendance in such schools during such year times the number of school days in such year; the term "current expenditures" means expenditures for free public education in such schools to the extent that such expenditures are made from current revenues, except that such term does not include any such expenditure for the acquisition of land, the erection of facilities, interest, or debt service; and for the purposes of payments under title I for attendance during any academic year the Commissioner shall determine and use the average daily current expenditures per public school child for the year preceding such academic year, and

(7) The term "institution of higher education" means any such institution which is accredited as such by a nationally recognized accrediting agency.

ADMINISTRATION

SEC. 5. (a) The Commissioner shall administer this Act, and he may make such regulations and perform such other functions as he finds necessary to carry out the provisions of this Act.

(b) The Commissioner shall include in his annual report to the Congress a full report of the administration of his functions under this Act, including a detailed statement of disbursements.

TITLE I-PAYMENTS TO LOCAL EDUCATION AGENCIES FOR ASSISTANCE IN EDUCATING CHILDREN OF MIGRANT AGRICULTURAL EMPLOYEES

APPROPRIATIONS AUTHORIZED

SEC. 101. There are authorized to be appropriated for the fiscal year beginning July 1, 1960, and for the four succeeding fiscal years, such sums, not to exceed $2,500,000 in any fiscal year, as the Congress may determine, for payments under the provisions of this title.

PAYMENTS

SEC. 102. (a) Upon application in accordance with the provisions of this section for the school year begining in 1960, or for any of the four succeeding school years, by a local educational agency in any State, the Commissioner shall pay to such agency an amount equal to 75 per centum of the average daily current expenditures per public school child, for the State in which such agency is located, for each day's attendance in excess of ten during such school year in the free public elementary or secondary schools of such agency, by a child of a parent who is a migrant agricultural employee.

(b) Payments under this section shall be made for attendance during the regular school year beginning in 1960, and the four succeeding school years, and may be made at such intervals as the Commissioner deems appropriate.

Such payments shall be made through the disbursing facilities of the Department of the Treasury and prior to audit or settlement by the General Accounting Office.

(c) An application under the provisions of this section shall be in such form and contain such information as may be required by the Commissioner to carry out the provisions of this section, and the Commissioner may require such additional information and reports at such intervals during the school year as he deems necessary.

TITLE II-GRANTS FOR SUMMER SCHOOLS FOR CHILDREN OF PARENTS WHO ARE MIGRANT AGRICULTURAL EMPLOYEES

APPROPRIATIONS

SEC. 201. There is authorized to be appropriated $300,000 for the fiscal year beginning July 1, 1960, and for each of the four succeeding fiscal years, for grants under the provisions of this title.

ALLOTMENTS AND GRANTS

SEC. 202. Amounts appropriated pursuant to section 301 for any fiscal year shall be allotted among the States on the basis of their relative populations of migrant agricultural employees for the most recent year that such populations are available from reliable sources. A State's allotment under this section shall be available during the year for which made and the succeeding fiscal year for payments in accordance with the provisions of this title for the operating costs of conducting necessary summer school sessions for children of migrant agricultural employees. As used in this section the term "operating costs" includes all ordinary costs of operation other than any costs for the acquisition of facilities or costs related to any such acquisition.

APPLICATION AND PAYMENTS

SEC. 203. The Commissioner shall approve any application for funds provided under this title if such application

(1) is from a local educational agency or an institution of higher education within a State,

(2) sets out the summer school program, and the necessity therefor, the operating costs of such summer schools, and the amount needed under the provisions of this title to defray such costs, and

(3) provides that such agency or institution will make such reports, in such form, and containing such information as the Commissioner may from time to time reasonably require, and, to assure verification of such reports, give the Commissioner upon request, access to the records upon which the information is based.

Upon approval of any such application the Commissioner shall pay in such installments as he may deem appropriate, to such agency or institution, out of the allotment to the State in which such agency or institution is located, the amount requested, or in the event requests from agencies and institutions in any State are in excess of such State's allotment, such lesser amount as the Commissioner deems appropriate to carry out the purposes of this Act. Such payments shall be made through the disbursing facilities of the Department of the Treasury and prior to audit or settlement by the General Accounting Office.

TITLE III-PLANNING GRANTS

APPROPRIATIONS

SEC. 301. There is authorized to be appropriated $500,000 for the fiscal year beginning July 1, 1960, and for each of the four succeeding fiscal years for grants under the provisions of this title.

ALLOTMENTS AND GRANTS

SEC. 302. Amounts appropriated pursuant to section 201 for any fiscal year shall be allotted among the States on the basis of their relative populations of migrant agricultural employees for the most recent year that such populations are available from reliable sources. A State's allotment under this section shall

be available during the year for which made for payments in accordance with the provisions of this title (1) to survey the need for summer school sessions for children of parents who are migrant agricultural employees; (2) to develop plans for such sessions where needed; (3) to develop and carry out programs to encourage such children to attend school during the regular academic year and such summer sessions, and to improve the quality of education offered such children; and (4) to coordinate programs provided for in this Act with similar programs in other States, including the transmittal of pertinent information with respect to school records of such children. Grants under the provisions of this title shall not be available for the cost of acquisition of any facilities.

TITLE IV-FELLOWSHIPS

APPROPRIATIONS

SEC. 401. There are authorized to be appropriated such sums as are necessary to carry out the provisions of this title.

NUMBER OF FELLOWSHIPS

SEC. 402. During the fiscal year beginning July 1, 1960, the Commissioner is authorized to award 100 fellowships and during each of the three succeeding fiscal years, he is authorized to award one hundred and fifty such fellowships. Such fellowships shall be for periods of study not in excess of three academic years, or one academic year when awarded to persons holding the baccalaureate degree.

AWARD OF FELLOWSHIPS AND APPROVAL OF INSTITUTIONS

SEC. 403. (a) The Commissioner shall award fellowships under this title to individuals accepted for study in programs approved by him under this section. The Commissioner shall approve a program of an institution of higher education only upon application by the institution and only upon his finding

(1) that such program will train persons in the specific problems of educating the children of migrant agricultural employees, and

(2) that in the acceptance of persons for study in such programs preference will be given to persons interested in teaching such children.

FELLOWSHIP STIPENDS

SEC. 404. (a) Each person awarded a fellowship under the provisions of this title shall receive a stipend of $2,000 for the first academic year of study; $2,200 for the second such year, and $2,400 for the third such year: Provided, That each person receiving a fellowship shall receive a stipend of $2,400 for any academic year, taken after receipt of the baccalaureate degree. An additional stipend of $400 in respect of each of his dependents shall be paid to every person receiving a fellowship under this title.

(b) In addition to the amounts paid to persons pursuant to subsection (a) of this section, there shall be paid to the institution of higher education at which each such person is pursuing his course of study such amount, not more than $2,500 per academic year, as is determined by the Commissioner to constitute that portion of the cost of the program in which such person is pursuing his course of study, which is reasonably attributable to him.

FELLOWSHIP CONDITIONS

SEC. 405. A person awarded a fellowship under the provisions of this subchapter shall continue to receive the payments provided in section 404 of this title only during such periods as the Commissioner finds that he is maintaining satisfactory proficiency in, and devoting esentially full time to, study or research in the field in which such fellowship was awarded, in an institution of higher education, and is not engaging in gainful employment other than parttime employment by such institution in teaching, research, or similar activities, approved by the Commissioner.

[H.R. 10378, 86th Cong., 2d sess.]

A BILL To provide certain payments to assist in providing improved educational opportunities for children of migrant agricultural employees

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "Migrant Children Educational Assistance Act of 1960".

FINDINGS AND PURPOSE OF ACT

FEDERAL CONTROL OF EDUCATION PROHIBITED

SEC. 4. As used in this Act

DEFINITIONS

(2) The term "child" means any child who is within the age limits for which the applicable local educational agency provides free public education;

(3) The term "parent" includes a legal guardian or other person in loco parentis;

(4) The term "migrant agricultural employee" means an individual employed in agriculture, as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203 (f)), or performing agricultural labor, as defined in section 3121 (g) of the Internal Revenue Code of 1954 (26 U.S.C. 3121 (f)), on a seasonal or other temporary basis in a State where such individual does not maintain a permanent residence, and for the purposes of this Act maintaining a permanent residence shall include the ownership of real property by either such individual or the spouse of such individual;

(5) The term "Commissioner" means the United States Commissioner of Education;

(7) The term "institution of higher education" means any such institution which is accredited as such by a nationally recognized accrediting agency; and

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