November 29, 1975 Pub. Law 94-142 AMENDMENTS WITH RESPECT TO EMPLOYMENT OF HANDICAPPED INDIVID UALS, REMOVAL OF ARCHITECTURAL BARRIERS, AND MEDIA CENTERS SEC. 6. (a) Part A of the Act is amended by inserting after section 20 USC 1404. 605 thereof the following new sections: “EMPLOYMENT OF HANDICAPHED INDIVIDUALS "SEC. 606. The Secretary shall assure that each recipient of assist- 20 USC 1405. ance under this Act shall make positive efforts to employ and advance in employment qualified handicapped individuals in programs assisted under this Act. "GRANTS FOR THE REMOVAL OF ARCHITECTURAL BARRIERS "SEC. 607. (a) Upon application by any State or local educational 20 USC 1406. agency or intermediate educational unit the Commissioner is authorized to make grants to pay part or all of the cost of altering existing buildings and equipment in the same manner and to the same extent as authorized by the Act approved August 12, 1968 (Public Law 90-480), relating to architectural barriers. "(b) For the purpose of carrying out the provisions of this section, Appropriation there are authorized to be appropriated such sums as may be authorization. necessary.". (b) Section 653 of the Act (20 U.S.C. 1453) is amended to read as follows: "CENTERS ON EDUCATIONAL MEDIA AND MATERIALS FOR THE HANDICAPPED "SEC. 653. (a) The Secretary is authorized to enter into agreements with institutions of higher education, State and local educational agencies, or other appropriate nonprofit agencies, for the establishment and operation of centers on educational media and materials for the handicapped, which together will provide a comprehensive program of activities to facilitate the use of new educational technology in education programs for handicapped persons, including designing, developing, and adapting instructional materials, and such other activities consistent with the purposes of this part as the Secretary may prescribe in such agreements. Any such agreement shall— "(1) provide that Federal funds paid to a center will be used solely for such purposes as are set forth in the agreement; and "(2) authorize the center involved, subject to prior approval by the Secretary, to contract with public and private agencies and organizations for demonstration projects. "(b) In considering proposals to enter into agreements under this section, the Secretary shall give preference to institutions and agencies "(1) which have demonstrated the capabilities necessary for the development and evaluation of educational media for the handicapped; and (2) which can serve the educational technology needs of the Model High School for the Deaf (established under Public Law 89-694). "(c) The Secretary shall make an annual report on activities carried out under this section which shall be transmitted to the Congress.". 89 STAT. 795 80 Stat. 1027. Report to 20 USC 1411 note. Pub. Law 94-142 November 29, 1975 CONGRESSIONAL DISAPPROVAL OF REGULATIONS SEC. 7. (a) (1) Section 431(d) (1) of the General Education Provisions Act (20 U.S.C. 1232(d)(i)) is amended by inserting "final" immediately before "standard" each place it appears therein. (2) The third sentence of section 431 (d) (2) of such Act (20 U.S.C. 1232(d)(2)) is amended by striking out "proposed" and inserting in lieu thereof "final". (3) The fourth and last sentences of section 431(d) (2) of such Act (20 U.S.C. 1232(d) (2)) each are amended by inserting "final" immediately before "standard". (b) Section 431(d)(1) of the General Education Provisions Act (20 U.S.C. 1232 (d) (1)) is amended by adding at the end thereof the following new sentence: "Failure of the Congress to adopt such a concurrent resolution with respect to any such final standard, rule, regulation, or requirement prescribed under any such Act, shall not represent, with respect to such final standard, rule, regulation, or requirement, an approval or finding of consistency with the Act from which it derives its authority for any purpose, nor shall such failure to adopt a concurrent resolution be construed as evidence of an approval or finding of consistency necessary to establish a prima facie case, or an inference or presumption, in any judicial proceeding.". EFFECTIVE DATES SEC. 8. (a) Notwithstanding any other provision of law, the amendments made by sections 2(a), 2(b), and 2(c) shall take effect on July 1, 1975. (b) The amendments made by sections 2(d), 2(e), 3, 6, and 7 shall take effect on the date of the enactment of this Act. (c) The amendments made by sections 4 and 5(a) shall take effect on October 1, 1977, except that the provisions of clauses (A), (C), (D), and (E) of paragraph (2) of section 612 of the Act, as amended by this Act, section 617(a) (1) (D) of the Act, as amended by this Act, section 617(b) of the Act, as amended by this Act, and section 618 (a) of the Act, as amended by this Act, shall take effect on the date of the enactment of this Act. (d) The provisions of section 5(b) shall take effect on the date of the enactment of this Act. Approved November 29, 1975. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-332 accompanying H.R. 7217 (Comm. on CONGRESSIONAL RECORD, Vol. 121 (1975) June 18, considered and passed Senate. July 21, 29, considered and passed House, amended, in lieu of Nov. 18, House agreed to conference report. Nov. 19, Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 11, No. 49: Dec. 2, Presidential statement. 89 STAT. 796 94th Congress, H. R. 8304 December 31, 1975 An Act To amend the national reading improvement program to provide more flexibility in the types of projects which can be funded, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, STATE LEADERSHIP AND TRAINING PROJECTS SECTION 1. (a) Section 705 (a) of the Education Amendments of 1974 is amended by adding at the end thereof the following new paragraph: "(3)(A) Notwithstanding the requirements of paragraphs (b) through (g) of this section, the Commissioner is authorized to enter into agreements pursuant to this paragraph during the fiscal year 1976 and the period beginning July 1, 1976 through September 30, 1976, with State educational agencies for the carrying out by such agencies of leadership and training activities designed to prepare personnel throughout the State to conduct projects which have been demonstrated in that State or in other States to be effective in overcoming reading deficiencies. These activities shall be limited to (i) assessments of need, including personnel needs, relating to reading problems in the State, (ii) inservice training for local reading program administrators and instructional personnel, and (iii) provision of technical assistance and dissemination of information to local educational agencies and other appropriate nonprofit agencies. Reading improvement program. 20 USC 1921, "(B) Not to exceed $5,300,000 of any sums appropriated pursuant to subsection (a) of section 732 for the fiscal year 1976, and for the 20 USC 1982. period from July 1, 1976 through September 30, 1976, may be used for carrying out this paragraph.". (b) (1) Part C of such Act is amended by adding after section 723 the following new section: "STATE LEADERSHIP AND TRAINING PROJECTS "SEC. 724. The Commissioner is authorized to enter into agreements 20 USC 1964. pursuant to this section with State educational agencies for the carrying out by such agencies of leadership and training activities designed to prepare personnel throughout the State to conduct projects which have been demonstrated in that State or other States to be effective in overcoming reading deficiencies. The activities authorized by this section shall be limited to "(1) assessments of need, including personnel needs, relating to reading problems in the State, "(2) inservice training for local reading program administrators and instructional personnel, and "(3) provision of technical assistance and dissemination of information to local educational agencies and other appropriate nonprofit agencies.". (2) The amendment made by paragraph (1) of this subsection shall Effective date. take effect on October 1, 1976. 20 USC 1964 89 STAT. 1103 (569) note. 20 USC 1921. 20 USC 1982. Appropriation authorization, Ante, p. 1103. 20 USC 1944. 20 USC 1963. Pub. Law 94-194 December 31, 1975 (3) Section 705 (a) (3) of the Education Amendments of 1974 as added by subsection (a) of this section is repealed effective September 30, 1976. (c) Section 732 of such Act is amended by adding at the end thereof the following new subsection: "(e) There are authorized to be appropriated to carry out the provisions of section 724, relating to State leadership and training projects, $6,400,000 each for the fiscal year ending September 30, 1977, and for the succeeding fiscal year.". READING PROGRAM REQUIREMENTS SEC. 2. (a) Section 705 (b) of such Act is amended by striking out "Each such application shall set forth a reading program which provides for-" and by inserting in lieu thereof "Each such application shall set forth a reading program which provides for the following (except that the requirements contained in paragraphs (4) and (13) shall be met to the extent practicable)". (b) Section 705(c) of such Act is amended by striking out", in addition to meeting the requirements of subsection (b)", and by inserting in lieu thereof ", in addition to meeting the requirements of subsection (b), except for paragraphs (4) and (13) thereof,”. (c) Section 705 (c) (3) of such Act is amended by inserting "at" before the phrase "which such preelementary". (d) Section 705 (e) of such Act is amended to read as follows: "(e) No agreement may be entered into under this part unless the application submitted to the Commissioner has first been approved by the State educational agency." STATE ADMINISTRATIVE COSTS SEC. 3. Section 705 of such Act is amended by adding at the end thereof the following new subsection: "(h) From the sums appropriated for the purposes of this part for any fiscal year, the Commissioner may pay to each State educational agency, in addition to any amounts paid to such agency pursuant to subsection (a) of this section, the amount necessary to meet the costs of carrying out its responsibilities under this section, including the costs of the advisory council required to be established pursuant to subsection (d). However, such amount may not exceed 1 per centum of the total amount of grants under this part made within the State for that fiscal year." STATE ADVISORY COUNCILS SEC. 4. Section 714 of such Act is amended by adding at the end thereof the following new subsection: "(f) The functions of the State advisory council on reading, required to be established by subsection (a) (2) of this section, may be carried out by the State advisory council created pursuant to section 705 (d) (1)." READING ACADEMIES SEC. 5. Section 723 (a) of such Act is amended by inserting "in-school as well as out-of-school" before "youths". NATIONAL IMPACT READING PROGRAMS SEC. 6. (a) Part C of title VII of such Act is amended by adding the following new section after section 724 : 89 STAT. 1104 December 31, 1975 Pub. Law 94-194 "NATIONAL IMPACT READING PROGRAMS "SEC. 725. (a) The Commissioner is authorized to carry out, either 20 USC 1965. directly or through grants or contracts, (1) innovation and development projects and activities of national significance which show promise of having a substantial impact in overcoming reading deficiencies in children, youths, and adults through incorporation into ongoing State and local educational systems throughout the Nation, and (2) dissemination of information related to such programs. "(b) Not to exceed $600,000 of any sums appropriated pursuant to subsection (a) of section 732 for the fiscal year 1976, and for the period 20 USC 1982. from July 1, 1976 through September 30, 1976, may be used for carrying out this section." note. (b) (1) Section 725 of the Education Amendments of 1974 as added 20 USC 1965 by subsection (a) of this section is amended by striking out "(a)" after the section designation and by striking out subsection (b) of such section. (2) The amendment made by paragraph (1) of this subsection Effective date. shall take effect on September 30, 1976. (c) Section 732 of such Act is amended by adding at the end thereof the following new subsection: 20 USC 1982, Appropriations "(f) There are authorized to be appropriated to carry out the provisions of section 725, relating to national impact reading programs, authorization, $800,000 each for the fiscal year ending September 30, 1977 and for the succeeding fiscal year.". REPORTING DATE SEC. 7. Section 731 (a) of title VII of such Act is amended by strik- 20 USC 1981. ing out "March 31" and inserting in lieu thereof "February 1". ACCEPTANCE OF GIFTS BY AN ADMINISTRATIVE HEAD OF AN EDUCATION AGENCY SEC. 8. Part D of such Act is amended by adding the following new section after section 732: "ACCEPTANCE OF GIFTS "SEC. 733. Notwithstanding the provisions of section 408 (a) (3) of the General Education Provisions Act, the Commissioner may accept on behalf of the United States, gifts or donations made with or without conditions of services, money or property (real, personal, or mixed; tangible or intangible) made for any activities authorized to be carried out by such agency under the authority of this title.". INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING MOTIVATION SEC. 9. (a) Part C of title VII of such Act is amended by adding at the end thereof the following new section: "INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING MOTIVATION "SEC. 726. (a) The Commissioner is authorized (1) to enter into a contract with a private nonprofit group or public agency (hereinafter in this section referred to as the 'contractor'), which has as its primary purpose the motivation of children to learn to read, to support and promote the establishment of reading motivational programs 89 STAT. 1105 20 USC 1983. 20 USC 1966. 36-930 - 79 - 37 |