Page images
PDF
EPUB

advantage of the expertise of public and private educational, and research agencies and organizations. Also authorized is the training of research personnel. This program is extended through fiscal year 1970, with $18 million authorized to be appropriated.

AUTHORIZATIONS FOR GRANTS-TO-STATES AND MINIMUM ALLOTMENT TO STATES

The Act amends the provisions of Title VI authorizing grants-toStates for education of handicapped children by providing that no State receive less than $100,000 or 3/10 of 1% of the appropriation, whichever is greater. This provision assures that each State will get a grant large enough to insure that programs will be of sufficient magnitude to be effective. The basic authorization for the grants-to-States programs was extended to $162.5 million for fiscal year 1969 and $200 million for fiscal year 1970.

NEW TRAINING AND RESEARCH AUTHORITY FOR PHYSICAL
EDUCATION AND RECREATION PERSONNEL

Public Law 90-170, the Mental Retardation Amendments of 1967 created a new Title V to the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963. This new title is called "Training of Physical Educators and Recreation Personnel for Mentally Retarded and Other Handicapped Children." The law authorizes the Secretary of Health, Education, and Welfare "to make grants to public and other non-profit institutions of higher learning to assist them in providing professional or advanced training for personnel engaged or preparing to engage in employment as physical educators or recreation personnel for mentally retarded and other handicapped children, or as supervisors of such personnel, or engaged or preparing to engage in research or teaching in fields related to the physical education or recreation of such children."

For this purpose, the law authorizes to be appropriated for the fiscal year ending June 30, 1968, $1 million; for the fiscal year ending June 30, 1969, $2 million; and for the fiscal year ending June 30, 1970, $3 million.

In addition, the law authorizes a new program for research and demonstration projects in this area. Grants can be made to States, State or local educational agencies, public and non-profit private institutions of higher learning, and other public or non-profit private educational or research agencies and organizations, for research or demonstration projects relating to physical education or recreation for mentally retarded and other handicapped children. The law authorizes an appropriation for these purposes, for the fiscal year ending June 30, 1968, $1 million; and for each of the two succeeding fiscal years, $1.5 million.

A third feature of this Title V authorizes the Secretary of Health, Education, and Welfare to appoint an advisory committee, which will consist of seven members, to advise him on matters of general policy relating to the administration of this title. Three members shall be individuals from the field of physical education, two from the field of

recreation, and two with experience or special interest in the education of the mentally retarded or other handicapped children.

All of these programs will be administered by the newly-established Bureau of Education for the Handicapped in the U.S. Office of Education. These programs join older established ones in the area of training of professional personnel, and the area of research and demonstration to provide a wide variety of authorities for the many educational needs of the Nation's handicapped children.

Bureau of Education for the Handicapped, Office of Education, U.S. Department of Health, Education, and Welfare, Regional Office Building GSA, 7th and D Streets SW., Washington, D.C. 20202.

Excerpts from Public Law 89-10, as Amended, Relating to Education of Handicapped Children

TITLE VI-EDUCATION OF HANDICAPPED CHILDREN PART A-ASSISTANCE TO STATES FOR EDUCATION OF HANDICAPPED CHILDREN

GRANTS TO STATES FOR EDUCATION OF HANDICAPPED CHILDREN

SEC. 601. The Commissioner is authorized to make grants pursuant to the provisions of this part for the purpose of assisting the States in the initiation, expansion, and improvement of programs and projects (including the acquisition of equipment and where necessary the construction of school facilities) for the education of handicapped children (as defined in section 602) at the preschool, elementary and secondary school levels.

APPROPRIATIONS AUTHORIZED

SEC. 602. For the purpose of making grants under this part there is authorized to be appropriated $50,000,000 for the fiscal year ending June 30, 1967, $150,000,000 for the fiscal year ending June 30, 1968, $162,500,000 for the fiscal year ending June 30, 1969, and $200,000,000 for the fiscal year ending June 30, 1970.

(20 U.S.C. 872) Enacted Nov. 3, 1966, P.L. 89-750, Title I, sec. 161, 80 Stat. 1204.

ALLOTMENT OF FUNDS

SEC. 603. (a) (1) 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 601(b). The Commissioner shall allot the amount appropriated pursuant to this paragraph among

(A) Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs, and

(B) for the fiscal year ending June 30, 1968, and the succeeding fiscal year (i) the Secretary of the Interior according to the need for such assistance for the education of handicapped children on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior, and (ii) the Secretary of Defense according to the need for such assistance for the education of handicapped children in the overseas dependents schools of the Department of Defense. The terms upon which payments for such purpose shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the

Commissioner determines will best carry out the purposes of this part.

(2) From the total amount appropriated pursuant to section 601(b) for any fiscal year the Commissioner shall allot to each State an amount which bears the same ratio to such amount as the number of children aged three to twenty-one, inclusive, in the State bears to the number of such children in all the States, except that no State shall be allotted less than $100,000 or three-tenths of 1 per centum of such amount available for allotment to the States, whichever is greater. For purposes of this subsection, the term "State" shall not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, or the Trust Territory of the Pacific Islands.

(b) The number of children aged three to twenty-one, inclusive, in any State and in all the States shall be determined, for purposes of this section, by the Commissioner on the basis of the most recent satisfactory data available to him.

(c) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be required for that year shall be available for reallotment, from time to time and on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under subsection (a) for that year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (a) for that year.

(20 U.S.C. 873) Enacted Nov. 3, 1966, P.L. 89-750, Title I, sec. 161, 80 Stat. 1205.

SEC. 604. Any State whish desires to receive grants under this part shall submit to the Commissioner through its State educational agency a State plan in such detail as the Commissioner deems necessary. The Commissioner shall not approve a State plan or a modification of a State plan under this title unless the plan meets the following requirements:

(a) The plan must provide staisfactory assurance that funds paid to the State under this part will be expended, either directly or through local educational agencies, solely to initiate, expand, or improve programs and projects, including preschool programs and projects, (A) which are desgined to meet the special educational and related needs of handicapped children throughout the State, (B) which are of sufficient size, scope, and quality (taking into consideration the special educational needs of such children) as to give reasonable promise of substantial progress toward meeting those needs, and (C) which may include the acquisition of equipment and where necessary the construction of school facilities. Nothing in this part shall be deemed to preclude two or more local educational agencies from entering into agreements, at their option, for carrying out jointly operated programs and projects under this part. The plan may provide up to 5 per centum of the amount allotted to the State for any fiscal year or $75,000 ($25,000 in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory

« PreviousContinue »