tarian instruction or religious worship, or provided by a school or department of divinity. D. TEXT OF THE LAW Following is the full text of Public Law 89-750: AN ACT To strengthen and improve programs of assistance for elementary and secondary schools, and for other purposes 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 "Elementary and Secondary Education Amendments of 1966". TITLE I-AMENDMENTS TO THE ELEMENTARY PART A-FINANCIAL ASSISTANCE TO EDUCATIONAL AGENCIES REVISION OF AUTHORIZATION Elementary and Secondary Eduments of 1966. 80 Stat. 1191. cation Amend SEC. 101. Section 202 of the Act of September 30, 1950, Public Law 874, Eighty-first Congress, as amended, is amended to read 79 Stat. 27. as follows: "DURATION OF ASSISTANCE "SEC. 202. The Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for the period beginning July 1, 1965, and ending June 30, 1968." GRANTS WITH RESPECT TO CERTAIN INDIAN CHILDREN SEC. 102. Section 203(a)(1) of such Act of September 30, 1950, is amended to read as follows: 20 USC 241b. 20 USC 241c. "SEC. 203. (a) (1) (A) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per centum of the amount appropriated for such year for payments to States under section 207 (a) (other than payments under such section 20 USC 241g. to jurisdictions excluded from the term 'State' by this subsection). The Commissioner shall allot the amount appropriated pursuant to this paragraph among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for such grants. In addition he shall allot from such amount to the Secretary of the Interior the amount necessary to make payments pursuant to subparagraph (B) of this paragraph, and for the fiscal year ending June 30, 1967, the amount necessary to meet the special educational needs of educationally deprived children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior. The maximum grant which a local educational 79 Stat. 28,1161. 20 USC 241c. Post, p. 1198. 20 USC 241e. agency in Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall be eligible to receive and the terms upon which payment shall be made to the Department of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title. "(B) The terms on which payment shall be made to the Department of the Interior shall include provision for payment by the Secretary of the Interior to local educational agencies with respect to out-of-State Indian children in the elementary or secondary schools of such agencies under special contracts with that Department. The amount of any such payment may not exceed, for each such child, one-half the average per pupil expenditure in the State in which the agency is located." PAYMENTS TO STATE EDUCATIONAL AGENCIES FOR ASSISTANCE IN SEC. 103. (a) Section 203 (a) of such Act of September 30, 1950, is amended by inserting after paragraph (5) the following new paragraph: (6) A State educational agency which has submitted and had approved an application under section 205 (c) for any fiscal year shall be entitled to receive a grant for that year under this title for establishing or improving programs for migratory children of migratory agricultural workers. The maximum total of grants which shall be available for use in any State for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in the United States multiplied by (A) the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State full time, and (B) the full-time equivalent of the estimated number of such migratory children aged five to seventeen, inclusive, who reside in the State part time, as determined by the Commissioner in accordance with regulations. For purposes of this paragraph, the 'average per pupil expenditure in the United States shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies (as defined in section 303 (6) (A)) in the United States (including only the fifty States and the District of Columbia), plus any direct current expenditures by States for operation of local educational agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public educational during such preceding year." (b) Section 205 of such Act is amended by adding the following new subsection at the end thereof: (c) (1) A State educational agency or a combination of such agencies may apply for a grant for any fiscal year under this title to establish or improve, either directly or through local educational agencies, programs of education for migratory children of migratory agricultural workers. The Commissioner may approve such an application only upon his determination "(A) that payments will be used for programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of migratory children of migratory agricultural workers, and to coordinate these programs and projects with similar programs and projects in other States, including the transmittal of pertinent information with respect to school records of such children; "(B) that in planning and carrying out programs and projects there has been and will be appropriate coordination with programs administered under part B of title III of the Economic Opportunity Act of 1964; and 42 USC 2861. "(C) that such programs and projects will be adminis- 79 Stat. 977. tered and carried out in a manner consistent with the basic objectives of clauses (1) (B) and (2) through (8) of subsection (a), and of section 206 (a). The Commissioner shall not finally disapprove an application of a State educational agency under this paragraph except after reasonable notice and opportunity for a hearing to the State educational agency. Post, D. 1196. 20 U.S.C. 241f. 80 Stat. 1193. "(2) If the Commissioner determines that a State is unable or unwilling to conduct educational programs for migratory children of migratory agricultural workers, or that it would result in more efficient and economic administration, or that it would add substantially to the welfare or educational attainment of such children, he may make special arrangements with other public or nonprofit private agencies to carry out the purposes of this subsection in one or more States, and for this purpose he may set aside on an equitable basis and use all or part of the maximum total of grants available for such State or States." (c) (1) The portion of section 206 (a) of such Act which pre- 79 Stat. 31. cedes clause (1) is amended by striking out "participate in the program of this title" and inserting in lieu thereof "participate under this title (except with respect to the program described in section 205 (c) relating to migratory children of migratory agricultural workers)". (2) The first sentence of section 207 (a) (1) of such Act is amended by inserting "it and" after "the amount which". (3) Section 210 of such Act is amended by striking out "section 206(b)" and inserting in lieu thereof "section 205 (c) or 206(b)". Ante, p. 1192. 20 USC 241g. 20 USC 241j. 20 USC 241k. (4) Section 211 (a) of such Act is amended by striking out 20 USC 241c. "section 206(a)" and inserting in lieu thereof "section 205 (c) or 206 (a)". PAYMENTS ON ACCOUNT OF NEGLECTED OR DELINQUENT CHILDREN SEC. 104. (a) The first sentence of section 203 (a) (2) of such Act of September 30, 1950, is amended by striking out all that Post, p. 1194. 49 Stat. 627. 42 USC 601. 80 Stat. 1194. Ante, p. 1192. follows "multiplied by" and substituting: "the number of children in the school district of such agency who are aged five to seventeen, inclusive, and are (A) in families having an annual income of less than the low-income factor (established pursuant to subsection (b)), (B) in families receiving an annual income in excess of the low-income factor (established pursuant to subsection (c)) from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act, or (C) living in institutions for neglected or delinquent children but not counted pursuant to paragraph (5) of this subsection for the purpose of a grant to a State agency, or being supported in foster homes with public funds." (b) The second sentence of such section 203 (a) (2) is amended by striking out "the number of children of such ages and families in such county or counties" and inserting in lieu thereof "the number of children of such ages in such county or counties who are described in clause (A), (B), or (C) of the previous sentence,”. (c) Subsection (b) of section 203 of such Act is amended by— (1) striking out, in the part which precedes paragraph (1), all that follows after "children aged five to seventeen, inclusive," and inserting in lieu thereof "described in clauses (A), (B), and (C) of the first sentence of paragraph (2) of subsection (a):". (2) striking out in paragraph (1) "the number of such children of such families" each time that it appears and substituting "the number of such children"; (3) striking out in paragraph (2) "the number of children of such ages of families with such income" and substituting "the number of such children"; and (4) striking out in paragraph (3) "the number of children of such ages of families of such income" and substituting "the number of such children". (d) The third sentence of subsection (d) of such section 203 is amended by inserting ", and the number of children of such ages living in institutions for neglected or delinquent children, or being supported in foster homes with public funds," before "on the basis of". (e) Section 203 (a) of such Act is further amended by inserting after paragraph (6) as added by this Act an additional paragraph as follows: "(7) In the case of a State agency which is directly responsible for providing free public education for children in institutions for neglected or delinquent children, the maximum grant which that agency shall be eligible to receive under this title for any fiscal year shall be an amount equal to the Federal percentage of the average per pupil expenditure in that State multiplied by the number of such children in average daily attendance, as determined by the Commissioner, at schools for such children operated or supported by that State agency, in the most recent fiscal year for which satisfactory data are available. Such State agency shall use payments under this title only for pro grams and projects (including the acquisition of equipment and where necessary the construction of school facilities) which are designed to meet the special educational needs of such children." ELIGIBILITY FOR GRANTS; CLARIFYING DEFINITION OF “AVERAGE PER 20 USC 241c. SEC. 105. (a) (1) Section 203(b)(1) of such Act is amended 79 Stat. 28. by striking out all that follows "shall be" and inserting in lieu thereof "at least ten." (2) Section 203(b)(2) of such Act is amended by striking out "shall be one hundred or more" and inserting in lieu thereof "shall be at least ten". (b) (1) Paragraph (2) of section 203 (a) of such Act is amended by inserting "or, if greater, in the United States (which for purposes of this and the last sentence of this paragraph means the fifty States and the District of Columbia)," after "average per pupil expenditure in that State". (2) Paragraph (5) of section 203 (a) of such Act is amended 79 Stat. 1161. by inserting "or, if greater, in the United States (which for purposes of this sentence means the fifty States and the District of Columbia," after "in that State". (3) The amendments made by this subsection shall be effective with respect to fiscal years beginning after June 30, 1967. (c) The last sentence of section 203 (a) (2) of such Act is amended to read as follows: "For purposes of this subsection, the 'average per pupil expenditure' in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies as defined in Post, p. 1198. section 303 (6) (A) in the State, or in the United States, as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year.' RAISING THE LOW-INCOME FACTOR AFTER JUNE 30, 1967 SEC. 106. Section 203 (c) of such Act of September 30, 1950, is amended to read as follows: "(c) For the purposes of this section, the 'Federal percentage' shall be 50 per centum and the 'low-income factor' shall be $2,000 for the fiscal year ending June 30, 1966, and the fiscal year ending June 30, 1967. For the fiscal year ending June 30, 1968, they shall be 50 per centum and $3,000, respectively." USING MOST RECENT AID-FOR-DEPENDENT-CHILDREN DATA SEC. 107. Effective with respect to fiscal years beginning after June 30, 1966, the third sentence (as amended by sec SO Stat. 1195. |