(8) The term "migrant agricultural employee State" means any State which has

(A) at least five counties with one hundred or more but less than five hundred such employees in each such county;

(B) at least two counties with one hundred or more but less than five hundred such employees in each such county and one county with five hundred or more but less than three thousand such employees;

(C) at least two counties with five hundred or more but less than three thousand such employees in each such county; or

(D) at least one county with three thousand or more such employees; and determinations for the purpose of this definition shall be made for the most recent year that satisfactory population figures are available from reliable

sources.

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 ΤΟ 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 amounts as may be necessary to carry out the provisions of this title.

PAYMENTS

SEC. 102. (a) Upon application in accordance with the provisions of this section for the school year beginning 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 with respect to the school years beginning in 1960 and 1961 and 50 per centum with respect to the school years beginning in 1962, 1963, and 1964, 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 migrant agricultural employee 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 school, 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 $250,000 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 migrant agricultural employee 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.

APPLICATION AND PAYMENTS

SEC. 303. The Commissioner shall approve any application for funds provided under this title if such application

(1) designates the State agency which will carry out the programs for which the funds are to be used;

(2) sets out such program in sufficient detail to satisfy the Commissioner that it carries out the purposes of this title; and

(3) provides that such agency 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 out of its State allotment the amount requested. 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.

Mr. BAILEY. The two bills are identical, to a point. Mrs. Green's bill, H.R. 9872, has a title authorizing fellowships to teachers so that they may acquire the extra training needed to equip them to meet the special problems presented by children of migrant parents.

I have also introduced a separate bill, H.R. 10379, providing for adult education. This bill has been referred to the special subcommittee headed by Congressman Elliott of Alabama.

My interest was first aroused in this matter of children of migrant farmworkers in 1950. I was chairman of a subcommittee conducting hearings on the west coast studying the problem of federally affected school districts. I had been asked by the chairman of the General Committee on Education and Labor to conduct a hearing at Bakersfield, Calif., relative to the Fair Labor Standards Act in agricultural labor.

While there, I visited a camp of the Mexican contract labor. This was the famous DiGiorgio Farm case. I was appalled by the miserable living conditions provided for these workers. Most of them lived in a dilapidated section called the Weed Patch.

Later, during the course of these hearings, I held hearings on Public Law 815 and Public Law 874 at San Antonio, Tex. I learned that many migratory workers made San Antonio a winter headquarters. Excellent school facilities were available for children. However, the parents started hitting the road north a month or 6 weeks before the close of the school term and they do not return until the school term is well underway. This means that these children whose parents spend the winter at one spot lose from 8 to 12 weeks of school. On the road there is the additional problem that many local school boards arrange for short vacations during the peak crop season, which is at the same time that demand exists for migrant farm labor. As a result, the children of the migratory agricultural workers are shortchanged.

From the standpoint of local school officials, the problem is readily apparent. In winter quarters, facilities and teachers must be supplied to handle the children during the 6 or 8 months they are in residence; yet their absence during the late fall and early spring brings down average daily attendance, which is the usual basis for State grants-in-aid. In the case of San Antonio, 39 percent of the school enrollment was the absent children of migrant farmworkers who had started moving north.

It is a bad situation. It is necessary for that school board of San Antonio to employ teachers on an annual basis. Youngsters are there part of the time, and they have to meet the situation. It is a tremendous disadvantage not only to the children but it is costly to the school

board, which has to provide classrooms. Some of them stand vacant; there are teachers with no work for them to do.

Today we are privileged to hear from the Department of Health, Education, and Welfare. The Secretary of Health, Education, and Welfare was invited to appear or to send a spokesman. May I say he has chosen-wisely-Dr. Flynt, who has appeared before our committee on numerous occasions. He is here, ably assisted by members of the Department conversant with this situation.

In making your presentation, Dr. Flynt, would you take the trouble at this time to introduce your associates who are here who may want to get into the discussion before it is ended. Will you identify yourself and your associates.

STATEMENT OF RALPH C. M. FLYNT, ASSISTANT COMMISSIONER FOR LEGISLATIVE AND PROGRAM DEVELOPMENT; ACCOMPANIED BY PAUL BLACKWOOD, STATE AND LOCAL SCHOOLS DIVISION STAFF; AND CHARLES W. RADCLIFFE, LEGISLATIVE AND PROGRAM DEVELOPMENT STAFF, OFFICE OF EDUCATION, DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE

Mr. FLYNT. Thank you very much, Mr. Chairman. We are very pleased to appear at your request today.

My name is Ralph C. M. Flynt, I am Assistant Commissioner for Legislative and Program Development in the Office of Education of the Department of Health, Education, and Welfare.

On my right is Dr. Paul Blackwood of our State and Local Schools Division staff, who has been concerned with this problem for some years.

On my left is Mr. Charles W. Radcliffe of our legislative and program development staff.

Mr. BAILEY. Thank you, Doctor. You may proceed with your testimony.

Mr. FLYNT. I have a brief prepared statement, Mr. Chairman, which, with your permission I should like to read.

Before I do read the statement, however, I should like to say that Commissioner Derthick has asked me to express to you his sincere apologies for being unable to appear today. His absence is occasioned by the fact that some months ago he requested the chief State school officers of the 50 States to meet with him today and tomorrow on matters of great importance in the ongoing relationships of the Federal Government to the States and feels that his commitment is so heavy there that he asks that you excuse him at this time.

Mr. BAILEY. Will you convey the good wishes of the committee to the good doctor and tell him we regret he was unable to be with us, but his substitutes are entirely acceptable to the committee. Mr. FLYNT. Thank you very much, sir.

The committee has before it for consideration two bills addressed to the educational problems of migrant agricultural workers and to the burdens imposed by the presence of such workers in certain States and school districts during the regular school year.

These bills, H.R. 9872 and H.R. 10378, would authorize appropriations for the following Federal programs: (1) Payments to local educational agencies of 50 to 75 percent of the average daily per pupil

expenditures in the State on account of the attendance in the public schools of such district of a child of a migrant agricultural employee; (2) payments to local school districts or to higher education institutions for the cost of operating summer school programs for the children of migrant agricultural employees; and (3) payments to the States to survey the need and develop plans for summer schools for such children, to encourage school attendance by these children, and to coordinate such activities with other affected States. In addition, H.R. 9872 would authorize the Commissioner of Education to award both undergraduate and graduate level fellowships for students pursuing an approved course of study designed to train persons in specific problems of educating the children of migrant agricultural employees.

Before proceeding to a discussion of the educational needs of migrant agricultural families, I wish to make it clear that while the Office and the Department are interested in appropriate Federal action to improve the condition of migrant workers and other underprivileged groups in our society, we are opposed to the enactment of these bills on fundamental grounds. It has been a basic tenet of the Office of Education, in recommending and in administering Federal educational programs, that the State has and should assume responsibility for providing public education for every child of school age within the State. We believe that these bills would effectively shift that responsibility in whole or in part to the Federal Government in the case of migrant agricultural workers, and we see no reason why such an exception should be made.

Consistent with this principle of State responsibility for the provision of public education for the persons within its borders, we have urged the States to assume full responsibility, whenever practicable, for the education of children of military personnel on active duty and for the education of the children of civilian Federal employees. Public Laws 815 and 874, with which this committee is familiar, provide for Federal payments to local school districts on account of the existence of tax-exempt Federal property. It is true that while these payments are measured on the basis of the school attendance of federally connected children, there is no suggestion that the Federal Government, rather than the States and their local school agencies, is responsible for providing public education for these children.

We believe that the responsibility of the States with respect to the education of children of migrant workers is identical with their responsibility for every other child within their borders. Moreover, we believe that the financial ability of the States to provide improved education for these children is fully adequate, if they are willing to make the necessary effort.

This is not to say that we are unaware of the special problems encountered in meeting the educational and other needs of migrant workers. On the contrary, the Office of Education has had a leading part in illuminating these problems and in bringing the educational plight of these people to public attention. And we acknowledge that the leadership role of the Federal Government in encouraging effective State action to meet the educational and health needs of migrant workers may need to be expanded.

Our information leads us to the conclusion that the children of migrant workers have fewer educational opportunities than any other group of children in our society. Their educational attainment, and