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TABLE B.-Summary of findings of special child labor investigations in
agriculture, by region and State, fiscal year 1958—Continued

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1 Local labor includes all minors who return to their permanent homes at the end of each day's work. * Nonlocal labor includes all minors who do not return to their permanent homes each day.

Mr. BAILEY. The Chair recognizes the staff member.

Mr. McCORD. Mr. Chairman, we have a letter and accompanying report from the Secretary of Labor, Hon. James P. Mitchell, for submission in the record.

We have a statement from Rt. Rev. Msgr. George G. Higgins, director, Social Action Department, National Catholic Welfare Conference, who was listed to testify in person but on the day of his appearance something prevented him from appearing.

We have a letter addressed to the chairman from Melvin S. Brooks, associate professor of sociology at Southern Illinois University.

We have a letter from the American Public Welfare Association, Loula Dunn, director, and enclosed with the letter is a statement of the Federal legislative objectives of the American Public Welfare Association. In the letter they call special attention to objective No. 38. I believe it would save space if I were to read objective No. 38 rather than putting in this entire list.

Objective No. 38 reads as follows:

Federal programs should provide more effective aid to help meet the needs of migratory workers and their families.

Mr. BAILEY. Without objection, the several communications presented by the staff will be included in the formal hearings of the committee.

(The documents referred to follow :)

Hon. GRAHAM A. BARDEN,

U.S. DEPARTMENT OF LABOR,

Chairman, Committee on Education and Labor,

House of Representatives,
Washington, D.C.

OFFICE OF THE SECRETARY,
Washington, May 3, 1960.

DEAR CONGRESSMAN BARDEN: This is in further response to your request for our comments on H.R. 9872 and H.R. 10378, similar bills to provide certain payments to assist in providing improved educational opportunities for children of migrant agricultural employees; and on H.R. 10379, a bill to provide grants for adult education for migrant agricultural employees.

As we advised the Subcommittee on General Education in response to the invitation of Chairman Bailey to testify at the public hearings now being held on the first two bills, we would appreciate consideration of the attached statement as an expression of our views on legislation in this area.

The Bureau of the Budget advises that it has no objection to the submission of this report.

Sincerely yours,

JAMES P. MITCHELL, Secretary of Labor.

STATEMENT OF THE DEPARTMENT OF LABOR ON LEGISLATION TO AUTHORIZE GRANTS TO IMPROVE EDUCATIONAL OPPORTUNITIES FOR CHILDREN OF MIGRANT AGRICULTURAL WORKERS AND TO PROVIDE ADULT EDUCATION FOR MIGRANT AGRICULTURAL EMPLOYEES-H.R. 9872, H.R. 10378, H.R. 10379

H.R. 9872 and H.R. 10378 would provide, over a 5-year period, matching funds to assist local school districts in States in defraying the expense of educating children of migrant agricultural workers during the regular school years; a program of annual grants to local educational agencies for the establishment of

summer schools for these children; and a program of annual planning grants to State agencies to develop educational programs for migrant children and to coordinate such programs with similar programs in other States including arrangements for the transmission of school records of children. In addition H.R. 9872 would provide fellowship stipends for individuals accepted for study in approved migratory children educational programs. H.R. 10379 would provide grants-in-aid to local educational agencies for the development of adult classes providing fundamental education and training for migrant workers and their wives in the field of healthful modern living.

The Department of Labor is vitally concerned with improving the working conditions and economic situation of the domestic migratory farmworker. We recognize that educational opportunity plays a vital role in achieving this goal. We believe a strengthening of leadership activities by the Federal Government is called for to stimulate State and local efforts to meet the problem of providing adequate education for migratory workers and their families. The Joint Federal-State Action Committee, composed of Federal cabinet officials and representatives of the Governors' Conference recommended in May 1959 that local, State, and Federal governments should extend their current cooperation in providing adequate schooling facilities for migratory families.

In connection with certain programs directly the concern of the Department of Labor various aspects of the importance of adequate education for these workers and their children are made apparent.

The lack of educational attainment on the part of adults and children alike among domestic migrant agricultural families has long been recognized as a serious problem. These workers make an important contribution to our national economy through their labor. However, because of their low educational achievement they are severely limited in their ability to improve themselves and thus to contribute in other areas of our national life.

Children of migrant workers, circumscribed by factors arising from the migrant life of the family such as language barriers and social isolation are more than usually influenced by their family situation. Unless special efforts are made to present opportunities for self-improvement to these families, the underprivileged employment and living conditions are perpetuated in the next generation.

Under the best of conditions, the education migrant children receive at present, is piecemeal-lacking in continuity and orderly development. The exact proportions of the educational problem with regard to these children is difficult to assess, since migrant children often are not carried on school district census rolls. Some figures are available for 1959 in connection with the operation of the annual worker plan, under which job itineraries are worked out for some migrant workers through the public employment offices. These figures show that of a total of 167,464 persons, 25,234 individuals under 16 years traveled with the migrant families. It is important to remember, of course, that these figures do not reflect the numbers of migrants and families not scheduled under the plan. Another indication of the nature of this problem is found in a recent study by the Wage and Hour and Public Contracts Divisions of this Department, of the educational attainment of 1,711 migrant children under the age of 16 found working during school hours contrary to the Fair Labor Standards Act. This report showed that 66 percent were enrolled in grades below normal for their ages. A comparison of the education of these children by age indicates that the percentage retarded educationally increases as the age increases. For example, 87 percent of the 15-year olds in the survey were in grades below normal for their age while 40 percent of the 8-year olds were behind in the grade in which they would normally be expected to be enrolled. The following chart shows the number of nonlocal1 minors found illegally employed in agriculture in investigations under the Fair Labor Standards Act, and the percent below normal grade for their age, classified by age, for the fiscal year 1959 (Wage and

1 Nonlocal minors are minors who do not return to their permanent homes at the end of each day's work.

Hour and Public Contracts Divisions Division of Regulations and Research, Branch of Research and Statistics, October 26, 1959).

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1 Includes 13 minors under 16 years for whom exact ages were not reported and 25 for whom school information was not reported.

The economic position of migratory workers and their children resulting from educational handicaps can become even more difficult in our technologically advancing society. Projected manpower demands for the next decade show that the biggest increases will occur in occupations requiring the most education and training, no increase in the demand for unskilled workers and about one-sixth decrease in demand for farmers and farmworkers. Uneducated youth will thus become even more severely handicapped jobwise.

To some extent the conditions of our migratory farmworkers, and concomitantly of their children, can be improved through adult education programs if they are based on practical considerations. Information on health, sanitation, nutrition, proper care of property, and the availability of health and welfare services could contribute to improved working condiitons and health. We believe, however that certain aspects of such programs would be more appropriately conducted when the workers are not employed away from their base residences.

Even if migrant children attend regular schools in most places where their parents work there will be gaps in their schooling because of time lost while traveling and because some communities still reject them or close schools for crop vacations while the migrants are there. An increasing number of summer schools are being set up to help close these gaps. The following summary shows the efforts which have been made in some States to provide, either from State or private funds, or a combination of both, summer schools for migrant children.

SUMMER SCHOOLS FOR MIGRANT CHILDREN

While the Department of Labor does not have complete information from the States on this subject, available data indicate that in 1959 summer schools for migrant children, financed by State funds, were held in five States as follows: Colorado.-Five schools held, State financed. Also, a 3-year "research in action program" on migrant education is being carried on.

New Jersey. Three schools supported by legislative appropriation.
New York.-Schools in five communities, State financed.

Ohio. One school in Curtice in Ottawa County, partly financed by the Elizabeth McGee Foundation, the United Church Women, and the Stokely-Van Camp Co. Appropriation of $175,000 was made for the biennium to reimburse local school districts for education of migrants in regular schools, and to expand and finance the summer school program.

Oregon. Two 6-week programs in Independence and Eola, financed by the State from a $50,000 appropriation.

NOTE. In two other States, Michigan and Pennsylvania, State funds were requested but refused by the legislature:

Michigan.-Demonstration school in Van Buren County, financed by private funds. Funds were denied by legislature in 1958 for continuing Bay County school.

Pennsylvania.—Demonstration school operated by Pennsylvania State University in Potter County. Bill introduced to provide State funds for migrant school defeated in 1959. The State now provides for aid to local school districts of $1 a day per migrant child enrolled in regular school, not to exceed $40 per child a year.

Educational programs responsive to the needs of migratory workers and their children would not only contribute to the advancement of their overall welfare, but would also result in more effective application to them of present legal protections. For example, promotion of increased school attendance on the part of migrant children, by reducing the number of children under 16 years illegally employed in agriculture during school hours should result in improved enforcement of the agricultural provision of the Fair Labor Standards Act. Adequate summer schooling would answer the need for supervision of the children while the parents are at work in the fields, thereby assisting in enforcement of State provisions limiting the employment of children in agriculture outside of school hours.

We would like to point out, finally, that the need for dealing with the educational problems of migrant workers and their families extends not only to migrants and their families employed outside the State of their residence but also the large numbers of migrants who travel great distances away from their own local school district but still remain within the borders of their State. Any proposed solution to the educational problems with which H.R. 9872 and H.R. 10378 deal must, of course, be considered in conjunction with the situation of our general educational system. The statement of the Department of Health, Education, and Welfare of May 2, 1960, before the Subcom. mittee on General Education dealt with this subject and pointed out the relationship of the roles of the Federal and local governments in providing education for our people.

STATEMENT SUBMITTED BY RT. REV. MSGR. GEORGE G. HIGGINS, DIRECTOR, SOCIAL ACTION DEPARTMENT, NATIONAL CATHOLIC WELFARE CONFERENCE The bills H.R. 9872 and H.R. 10378 appear to be predicated upon principles underlying war impact legislation. That legislation was based on the proposition that the Federal Government was responsible for bringing a large number of children into a given area. This proposition is not applicable in the case of migrant agricultural workers. These children are brought into a munity by private interests for the purpose of serving the personal economic requirements of those people and of the locality.

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In addition to the argument that Federal responsibility in this matter is at best an indirect one, attention should also be called to the fact that the resulting problem is primarily a social welfare rather than an educational responsibility. There is adequate precedent for this conclusion. A similar situation confronted the Congress in 1943. During the period of World War II, when a large number of mothers were employed in war industries, legislation was introduced for the purpose of providing day care for their children and providing arequate educational opportunities (S. 1130). It provided for a State plan for day care services which was to be submitted by the State public welfare agency to the Federal Government. Under it day care services would be administered through public and nonpublic agencies.

Day care and educational services contemplated in this legislation were regarded as welfare services. The legislation before the Congress in 1943 was substantially the same as that contemplated in H.R. 9872 and H.R. 10378. It is, therefore, suggested that these bills be modified to provide that the welfare agencies, both public and private, be made the action agencies at the State level. These agencies would be free to decide the appropriate care required by the children whether in school or elsewhere.

If, on the other hand, the committee after further study should believe that the educational implications are of such a nature as to give the school authorities primary jurisdiction, then it is submitted that due recognition must be accorded the parental right to send children to schools of their choice and further recognition must be given to the educational services rendered by nonpublic schools

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