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visions follow the precedent of other Federal-State partnerships, such as in public health and agriculture.

Funds under the basic grant portion of title V would be distributed as follows:

Committee comment on title V

The Department of Health, Education, and Welfare was queried as to whether section 503 (a) of H.R. 2362 was sufficiently broad to encompass consultative and technical services relating to the education of exceptional children.

The committee was pleased to receive the following statement of the position of the Department on this point:

Section 503(a) of H.R. 2362 lists examples of programs and activities for which grants may be made under title V (grants to strengthen State departments of education). One activity listed (par. (10)) is that of providing consultative and technical assistance services relating to "particular aspects of education such as the education of the handicapped ***"

Although the education of academically gifted and creatively talented children is not mentioned specifically in paragraph (10), it is nonetheless a "particular aspect of education" within the meaning of that paragraph. Thus, grants could be made to States to provide consultative and technical services relating to the education of such exceptional children.

Section 1. Short title

SECTION-BY-SECTION ANALYSIS

This section provides that the act may be cited as the "Elementary and Secondary Education Act of 1965.”

TITLE I-FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR THE EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES AND EXTENSION OF PUBLIC LAW 874, 81ST CONGRESS

Section 2. Addition of new title

This section adds a new title to Public Law 874, 81st Congress, which is the act under which assistance is provided for schools in federally impacted areas. The section also makes the necessary conforming changes in the present act to accommodate the new title II. The following is a section-by-section description of the new title II: Section 201. Declaration of policy for the new title

In this section the Congress, in recognition of the special educational needs of children of low-income families and the impact that concentrations of low-income families have on the ability of local educational agencies to support adequate educational programs, declares that it is the policy of the United States to provide financial assistance to such local educational agencies so that they can expand and improve their educational programs by various means (including preschool

programs) which contribute particularly to meeting the special educational needs of educationally deprived children.

TITLE III-SUPPLEMENTARY EDUCATIONAL CENTERS AND SERVICES

Section 303. Uses of Federal funds

Section 303 describes the purposes for which grants made under this title may be used. A grant may be used, in accordance with an application approved under section 304 (b), for

(1) Planning for and taking other preliminary steps leading to the development of programs for the supplementary educational activities and services described below; and

(2) The establishment, maintenance, and operation of programs, including the lease or construction of necessary facilities and the acquisition of necessary equipment, designed to provide supplementary educational services and activities such as

(A) counseling, remedial instruction, and health, recreation, and social work services designed to enable and encourage persons to enter, remain in, or reenter educational programs;

(B) comprehensive academic services and, where appropriate, vocational guidance and counseling, for continuing adult education;

(C) developing and conducting exemplary educational programs for the purpose of stimulating the adoption of improved or new educational programs in the schools of the State:

(D) specialized instruction and equipment for students interested in studying advanced scientific subjects, foreign languages, and other academic subjects which are not taught in the local schools or which can be provided more effectively on a centralized basis, or for persons who are handicapped or of preschool age;

(E) making available modern educational equipment and specially qualified personnel, including artists and musicians, on a temporary basis to public and other nonprofit schools, organizations, and institutions,

(F) developing, producing, and transmitting radio and television programs for classroom and other educational use; (G) providing special educational and related services for persons who are in or from rural areas or who are or have been otherwise isolated from normal educational opportunities, including, where appropriate, the provision of mobile education services and equipment, special home study courses, radio, television, and related forms of instruction, and visiting teachers' programs; and

(H) other specially designed educational programs which meet the purposes of this title.

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TITLE V-GRANTS TO STRENGTHEN STATE DEPARTMENTS OF EDUCATION

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Sec. 503. Grants from apportioned funds

Subsection (a) provides that from the funds apportioned under section 502 to a State the Commissioner may make a grant to a State educational agency, which has an approved application, of an amount equal to the Federal share of the expenditures made by such State agency for activities designed to promote the purposes of this title. The following is some examples of such activities: educational planning on a statewide basis; improved collecting, processing, analyzing of educational data; dissemination of information relating to the needs of education in the State; programs for conducting or cooperating in educational research and demonstration programs; programs to improve the quality of teacher preparation; developing the competency of individuals who serve State or local educational agencies; and programs to provide leadership, administrative, or specialist services throughout the State.

TITLE VI-GENERAL PROVISIONS

Section 604. Federal control of education prohibited

This section provides that nothing contained in the act will be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system. Section 605. Limitation on payments under this act

This section provides that nothing in the act may be construed to authorize the making of any payment for religious worship or instruction.

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MINORITY VIEWS

Minority Attainments in Report

However, we are gratified that some of the proposals and concerns of the minority have been incorporated into the committee report. Some among these are:

(a) As a result of minority efforts, the administration now agrees that the handicapped may be considered as educationally deprived and thus be included as beneficiaries of title I in addition to povertyrelated children. This is a reversal of a contrary view previously held by the administration. We take understandable pride in the reversal of this policy. Despite recognition of this problem in the committee report, the existence in the legislative history of diametrically conflicting administration versions of the status of handicapped children necessitates explicit clarifying language in this bill. The minority will offer such an amendment on the floor. Also, parents of the handicapped may receive special training under title III.

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(f) As a result of the minority's expression of concern, the report stipulates that consultative and technical services to local schools for the education of the academically gifted and creatively talented can be offered under section 503 (a) of title V.

Conclusion

It is our intention to give close study to the administration of this bill after it is enacted and to press for amendments, where merited, when the authorization for the Elementary and Secondary Education Act of 1965 comes up for renewal next year. We hope that we shall then be freed by the majority to do so.

(66)

JACOB K. JAVITS.

WINSTON L. PROUTY.
PETER H. DOMINICK.
GEORGE L. MURPHY.
PAUL J. FANNIN.

89TH CONGRESS 1st Session

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SENATE

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REPORT No. 783

ASSISTANCE FOR PUBLIC SCHOOLS AFFECTED BY MAJOR DISASTERS AND BASE CLOSING; UNIFORMITY OF ELIGIBILITY REQUIREMENTS UNDER PUBLIC LAW 874, 81ST CONGRESS; AND FOR OTHER PURPOSES

SEPTEMBER 28, 1965.-Ordered to be printed

Mr. MORSE, from the Committee on Labor and Public Welfare, submitted the following

REPORT

[To accompany H. R. 9022]

The Committee on Labor and Public Welfare, to which was referred the bill (H.R. 9022) to amend Public Laws 815 and 874, 81st Congress, to provide financial assistance in the construction and operation of public elementary and secondary schools in areas affected by a major disaster; to eliminate inequities in the application of Public Law 815 in certain military base closings; to make uniform eligibility requirements for school districts in Public Law 874, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass. BACKGROUND OF LEGISLATION AND EFFECT OF SENATE AMENDMENTS

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The amendment set forth in section 6 was added by the committee to assure that public schools, providing special education operated by the States for the benefit of handicapped children, could participate in the benefits established under Public Law 89-10 for educationally deprived children attending schools operated by public local educational agencies.

The amendment set forth in section 7 was adopted by the committee to assure that all States could have sufficient funds available to administer Public Law 89-10. By providing $75,000 in the case of a State ($25,000 in the case of an outlying territory) or 1 percent of the basic grant, whichever is greater, it was the committee's thought that program administration difficulties otherwise to be expected could be avoided.

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