no such officer or agency, an officer or agency designated by the Governor or by State law. (i) The term "elementary school" means a school which provides elementary education including education below grade 1, as determined under State law. (j) The term "combination of institutions of higher education" means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on their behalf. (k) The term "gifted and talented children" means, in accordance with objective criteria prescribed by the Commissioner, children who have outstanding intellectual ability or creative talent. (29 U.S.C. 1141) Enacted Nov. 8, 1965, P.L. 89–329. Title VIII. sec. 801, 78 Stat. 1269: amended Oct. 16. 1968. P.L. 90–575. Title II. sec. 251, 293. and 294, 82 Stat. 1042 and 1050-51; amended April 13, 1970, P.L. 91-230, sec. 806(b), 84 Stat. 192. METHOD OF PAYMENT SEC. 1202. Payments under this Act to any individual or to any State or Federal agency, institution of higher education, or any other or ganization, pursuant to a grant, loan, or contract, may be made in installments, and in advance or by way of reimbursement, and in the case of grants or loans, with necessary adjustments on account of overpayments or underpayments. (20 U.S.C. 1142) Enacted Nov. 8, 1965, P.L. 89–329. Title VIII, sec. 802. 79 Stat 1270; amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 251, 82 Stat. 1042. SEC. 1203. Repealed. SEC. 1204. (a) Repealed. (b) Nothing contained in this Act or any other 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 membership practices or internal operations of any fraternal organization, fraternity, sorority, private club or religious organization at an institution of higher education (other than a service academy or the Coast Guard Academy) which is financed exclusively by funds derived from private sources and whose facilities are not owned by such institution. (20 U.S.C. 1144) Enacted Nov. 8. 1965. P.L. 89–329. Title VIII, sec. 804, 79 Stat. 1270; amended Oct. 16, 1968. P.L. 90–575, Title II, sec. 251. 82 Stat. 1042; subsection (a) repealed April 13, 1970, P.L. 91-230, sec. 401 (f) and superseded by sec. 422 of P.L. 90-247 as amended (20 U.S.C. 1232). ADVISORY COUNCIL ON GRADUATE EDUCATION SEC. 1205. (a) There is hereby established in the Office of Education an Advisory Council on Graduate Education (hereafter in this section referred to as the "Council"), consisting of the Commissioner, who shall be Chairman, of one representative each from the Office of Science and Technology in the Executive Office of the President, the National Science Foundation, and the National Foundation on the Arts and the Humanities, and of members appointed by the Commissioner without regard to the civil service or classification laws. Such appointed members shall be selected from among leading authorities in the field of education, except that at least one of them shall be a graduate student. (b) The Council shall advise the Commissioner on matters of general policy arising in the administration by the Commissioner of programs relating to graduate education. Enacted Oct. 16, 1968, P.L. 90-575, title II, sec. 291, 82 Stat. 1049-1050; subsections (c) and (d) repealed Apr. 13, 1970, P.L. 91-230, sec. 401 (h) and superseded by part C of title IV of P.L. 90-247, as amended. SEC. 1206-1210. Repealed. SECS. 1206-1210 repealed by sec. 401 of P.L. 91-230 and replaced by 20 U.S.C. 1231, 20 U.S.C. 1221 (c), 1222 (a), 1223, 1224, 1225, respectively. LEGISLATIVE HISTORY (P.L. 89-329) House Reports: No. 621 (Committee on Education and Labor) and No. 1178 (committee of conference). Senate Report No. 673 (Committee on Labor and Public Welfare). Congressional Record, volume 111 (1965): August 26: Considered and passed House. September 1: Considered in Senate. September 2: Considered and passed Senate, amended. October 20: House and Senate agreed to conference report. Approved: November 8, 1965. (P.L. 89-752) House Reports: No. 1467 (Committee on Education and Labor) and No. 2326 (committee of conference). Senate Report No. 1677 (Committee on Labor and Public Welfare). Congressional Record, volume 112 (1966): May 22: Considered and passed House. October 7: Considered in Senate. October 10: Considered and passed Senate, amended. October 21: House and Senate agreed to conference report. Approved: November 3, 1966. (P.L. 90-82) House Report No. 543 (Committee on Education and Labor). Senate Report No. 539 (Committee on Labor and Public Welfare). Congressional Record, volume 113 (1967): August 10: Considered and passed House. August 25: Considered and passed Senate. Approved: September 6, 1967. (P.L. 90-575) House Reports: No. 1649 accompanying H.R. 15067 (Committee on Education and Labor) and No. 2326 (committee of conference). Senate Report No. 1387 (Committee on Labor and Public Welfare). Congressional Record, volume 114 (1968): July 15: Considered and passed Senate. July 24, 25: Considered and passed House, amended, in lieu of H.R. 15067. October 1: Senate agreed to conference report. Approved October 16, 1968. (P.L. 91-230) House Reports: No. 91-114 (Committee on Education and Labor) and No. 91-937 (committee of conference). Senate Report No. 91-634 (Committee on Labor and Public Welfare). Congressional Record: Volume 115 (1969): Apr. 23, considered and passed House. Volume 116 (1970): February 4-6, 9, 10, 16-18, considered in Senate. February 19, considered and passed Senate, amended. March 24, 25, Senate considered conference report. April 7, House agreed to conference report. Approved: April 13, 1970. Higher Education Amendments of 1966 (P.L. 89-752) AN ACT To amend the Higher Education Facilities Act of 1963, the Higher Education Act of 1965, and the National Defense Education Act of 1958 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 "Higher Education Amendments of 1966". STUDY TO DETERMINE MEANS OF IMPROVING LOAN INSURANCE SEC. 13. The Commissioner of Education shall make an investiga. tion and study to determine means of improving the loan insurance program pursuant to part B of title IV of the Higher Education Act of 1965, particularly for the purpose of making loans insured under such program more readily available to students. The Commissioner shall report the results of such investigation and study, together with his recommendations for any legislation necessary to carry out_such improvements, to the President and the Congress no later than January 1, 1968. (20 U.S.C. 1071n) Enacted Nov. 3, 1966, P.L. 89-752, 80 Stat. 1244. Higher Education Amendments of 1968 (P.L. 90-575) AN ACT To amend the Higher Education Act of 1965, the National Defense Education Act of 1958, the National Vocational Student Loan Insurance Act of 1965, the Higher Education Facilities Act of 1963, and related Acts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, with the following table of contents, may be cited as the "Higher Education Amendments of 1968". TITLE V-MISCELLANEOUS ELIGIBILITY FOR STUDENT ASSISTANCE SEC. 504. (a) If an institution of higher education determines, after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has been convicted by any court of record of any crime which was committed after the date of enactment of this Act and which involved the use of (or assistance to others in the use of) force, disruption, or the seizure of property under control of any institution of higher education to prevent officials or students in such institutions from engaging in their duties or pursuing their studies, and that such crime was of a serious nature and contributed to a substantial disruption of the administration of the institution with respect to which such crime was committed, then the institution which such individual attends, or is employed by, shall deny for a period of two years any further payment to, or for the direct benefit of, such individual under any of the programs specified in subsection (c). If an institution denies an individual assistance under the authority of the preceding sentence of this subsection, then any institution which such individual subsequently attends shall deny for the remainder of the two-year period any further payment to, or for the direct benefit of, such individual under any of the programs specified in subsection (c). (b) If an institution of higher education determines, after affording notice and opportunity for hearing to an individual attending, or employed by, such institution, that such individual has willfully refused to obey a lawful regulation or order of such institution after the date of enactment of this Act, and that such refusal was of a serious nature and contributed to a substantial disruption of the administration of such institution, then such institution shall deny, for a period of two years, any further payment to, or for the direct benefit of, such individual under any of the programs specified in subsection (c). (c) The programs referred to in subsections (a) and (b) are as follows: (1) The student loan program under title II of the National Defense Education Act of 1958. (2) The educational opportunity grant program under part A of title IV of the Higher Education Act of 1965. (3) The student loan insurance program under part B of title IV of the Higher Education Act of 1965. (4) The college work-study program under part C of title IV of the High Education Act of 1965. (5) Any fellowship program carried on under title II, III, or V of the Higher Education Act of 1965 or title IV or VI of the National Defense Education Act of 1958. (d) (1) Nothing in this Act, or any Act amended by this Act, shall be construed to prohibit any institution of higher education from refusing to award, continue, or extend any financial assistance under any such Act to any individual because of any misconduct which in its judgment bears adversely on his fitness for such assistance. (2) Nothing in this section shall be construed as limiting or prejudicing the rights and prerogatives of any institution of higher education to institute and carry out an independent, disciplinary proceeding pursuant to existing authority, practice, and law. 59-225 O 71 17 (3) Nothing in this section shall be construed to limit the freedom of any student to verbal expression of individual views or opinions. (20 U.S.C. 1060) Enacted Oct. 16, 1968, P.L. 90-575, Title V, sec. 504, 82 Stat. 1062, 1063. DUPLICATION OF BENEFITS SEC. 506. No grant, award, or loan of assistance to any student under any Act amended by this Act shall be considered a duplication of benefits for the purposes of section 1781 of title 38, United States Code. (20 U.S.C. 1060) Enacted Oct. 16, 1968, P.L. 90-575, Title V, sec. 506, 82 Stat. 1063. FINANCIAL AID TO STUDENTS NOT TO BE TREATED AS INCOME OR RESOURCES UNDER CERTAIN PROGRAMS SEC. 507. For the purpose of any program assisted under title I, IV, X, XIV, XVI, or XIX of the Social Security Act, no grant or loan to any undergraduate student for educational purposes made or insured under any program administered by the Commissioner of Education shall be considered to be income or resources. (20 U.S.C. 1060) Enacted Oct. 16, 1968, P.L. 90-575, Title V, sec. 507, 82 Stat. 1063. PRESIDENTIAL RECOMMENDATION WITH RESPECT TO POST-SECONDARY EDUCATION FOR ALL SEC. 508. On or before December 31, 1969, the President shall submit to the Congress proposals relative to the feasibility of making available a post-secondary education to all young Americans who qualify and seek it. Enacted Oct. 16, 1968, P.L. 90-575, Title V, sec. 508, 82 Stat. 1063. (P.L. 90-575) House Reports: No. 1649 accompanying H.R. 15067 (Committee on Education and Labor) and No. 1919 (committee of conference). Senate Report No. 1387 (Committee on Labor and Public Welfare). Congressional Record, volume 114 (1968): July 15: Considered and passed Senate. July 24, 25: Considered and passed House, amended, in lieu of H.R. 15067. October 1: Senate agreed to conference report. Approved October 16, 1968. EMERGENCY INSURED STUDENT LOAN ACT OF 1969 (PUBLIC LAW 91-95) AN ACT To authorize special allowances for lenders with respect to insured student loans under title IV-B of the Higher Education Act of 1965 when necessary in the light of economic conditions in order to assure that students will have reasonable access to such loans for financing their education, and to increase the authorizations for certain other student assistance programs. 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 "Emergency Insured Student Loan Act of 1969". |