90 STAT. 2150 20 USC 1070b, 1087a, 1088. Application. 20 USC 1088f. Regulations. 20 USC 1088f-1. Ante, p. 2129. Ante, p. 2108. PUBLIC LAW 94-482-OCT. 12, 1976 "(d) From the funds otherwise allotted to the States for subpart 2 of part A, and for part C and part E of this title for States which have obtained a grant under this section, the Commissioner shall transfer to such State an amount equal to .05 per centum of such funds or $10,000, whichever is less, and shall reduce such State allotment by that amount. 66 (e) A State which desires to obtain a grant under this section for any fiscal year shall submit an application therefor through or by the State agency administering its program of student grants, or if such agency does not exist, through or by any agency or organization designated for such purpose by the State, at such time or times, and containing such information as may be required by such regulations as the Commissioner may prescribe for the purpose of enabling the Commissioner to disburse the funds.". ELIGIBILITY FOR STUDENT ASSISTANCE SEC. 132. Section 497 of the Act is amended by adding at the end thereof the following new subsection: "(e) Any student assistance received by a student under this title shall entitle the student receiving it to payments only if "(1) that student is maintaining satisfactory progress in the course of study he is pursuing, according to the standards and practices of the institution at which the student is in attendance, and "(2) that student does not owe a refund on grants previously received at such institution under this title, or is not in default on any loan from a student loan fund at such institution provided for in part E, or a loan made, insured, or guaranteed by the Commissioner under this title for attendance at such institution.". FISCAL RESPONSIBILITY SEC. 133. (a) Title IV of the Act is further amended by adding after section 497 the following new sections: "FISCAL ELIGIBILITY OF INSTITUTIONS "SEC. 497A. (a) Notwithstanding any other provisions of this title, or of section 434 (c) of the General Education Provisions Act, the Commissioner is authorized to prescribe such regulations as may be necessary to provide for "(1) a fiscal audit of an eligible institution with regard to any funds obtained by it under this title or obtained from a student who has a loan insured or guaranteed by the Commissioner under this title; "(2) the establishment of reasonable standards of financial responsibility and appropriate institutional capability for the administration by an eligible institution of a program of student financial aid under this title; "(3) the establishment by each eligible institution under part B responsible for furnishing to the lender the statement required by section 428 (a) (2) (A) (i), of policies and procedures by which the latest known address and enrollment status of any student who has had a loan insured under this part and who has either formally terminated his enrollment, or failed to re-enroll on at least a half-time basis, at such institution, shall be furnished either to the holder (or if unknown, the insurer) of the note, not later than sixty days after such termination or failure to re-enroll; and PUBLIC LAW 94-482-OCT. 12, 1976 "(4) the limitation, suspension or termination of the eligibility for any program under this title of any otherwise eligible institution, whenever the Commissioner has determined, after reasonable notice and opportunity for hearing on the record, that such institution has violated or failed to carry out any provision of this title or any regulation prescribed under this title, except that no period of suspension under this section shall exceed sixty days unless the institution and the Commissioner agree to an extension or unless limitation or termination proceedings are initiated by the Commissioner within that period of time. 90 STAT. 2151 "(b) The Commissioner shall, for the purpose of carrying out the provisions of this section with respect to subpart 1 of part A of this title, enter into special arrangements with institutions of higher edu- 20 USC 1070a. cation at which students receiving basic grants under that subpart are enrolled. The Commissioner shall include special provisions designed to carry out the provisions of this section in agreements with institutions of higher education under section 413C, in agreements with eligible institutions under section 443, and in agreements with institutions of higher education under section 463. "(e) Upon determination that an eligible institution has engaged in substantial misrepresentation of the nature of its educational program, its financial charges, or the employability of its graduates, the Commissioner may suspend or terminate the eligibility status for any or all programs under this title of any otherwise eligible institution, in accordance with procedures specified in paragraph (a)(3), until he finds that such practices have been corrected. "(d) The Commissioner shall publish a list of State agencies which he determines to be reliable authority as to the quality of public postsecondary vocational education in their respective States for the purpose of determining eligibility for all Federal student assistance programs. "(e) For the purpose of this section the term 'eligible institution' means any such institution described in section 435 (a) of this Act.". (b) (1) Any regulations for the carrying out of section 438, as in effect on the date immediately prior to the effective date of this subsection shall be deemed to remain in force until amended or superseded by new regulations of the Commissioner. (2) Within 120 days of the effective date of this subsection, the Commissioner is directed to issue a comprehensive revision of the regulations heretofore prescribed for the carrying out of section 438, for the purpose of modifying such regulations, to the extent possible, to make them applicable to all programs under title IV of the Act. PART E.-EDUCATION PROFESSIONS DEVELOPMENT REVISION OF TITLE V SEC. 151. (a) (1) The heading of title V of the Act is amended to read as follows: "TITLE V-TEACHER CORPS AND TEACHER TRAINING PROGRAMS". (2) Part A of such title is repealed. (3) Title V of the Act is amended (A) by striking out 20 USC 42 USC 2753. "Eligible institution." Ante, p. 2130. Ante, p. 2133. 20 USC 1087-1 note. 20 USC 1061. Repeal. 90 STAT. 2152 Repeal. 20 USC 1108-1110c, 1111-1119b-1. 20 USC 1119c-4. Repeal. Infra. 20 USC 1102. 20 USC 1103 Effective date. 20 USC 1101 note. 20 USC 1101. Appropriation authorization. 20 USC 1103. PUBLIC LAW 94-482-OCT. 12, 1976 "PART B-ATTRACTING AND QUALIFYING TEACHERS", and (B) by striking out "Subpart 1--Teachers Corps". (4)(A) Subpart 2 of part B, and parts C, D, and E of such title are repealed. (B) Part F of title V of the Act is amended by adding at the end thereof a new section: "AUTHORIZATION OF APPROPRIATIONS "SEC. 555. There are authorized to be appropriated for the purposes of carrying out this part $25,000,000 for each of the fiscal years ending prior to October 1, 1977.". (C) Effective September 30, 1977, part F of such title is repealed. (5)(A) Section 511(a) of the Act (as amended by section 152(a) (1)) is amended by striking out "subpart" and inserting in lieu thereof "part". (B) Section 512 of the Act is amended by striking out "subpart❞ and inserting in lieu thereof "part". (C) Section 513 of the Act is amended by striking out "subpart" and inserting in lieu thereof "part". (b) The amendments made by subsection (a) (except the amendment made by paragraph 4 (C) thereof) shall take effect on September 30, 1976. TEACHER CORPS SEC. 152. (a) (1) Section 511 of the Act is amended by inserting "(a)" after the section designation and by adding at the end thereof the following: "(b) For the purpose of carrying out the provisions of this part there are authorized to be appropriated $50,000,000 for the fiscal year 1977, $75,000,000 for the fiscal year 1978, and $100,000,000 for the fiscal year 1979." (2) Section 511 (a) of the Act (as redesignated by paragraph (1) of this subsection) is further amended by striking out the words "and teacher aides" both places they appear and inserting in lieu thereof a comma and the following: "teacher aides, and other educational personnel". (b) Section 513 (a) of the Act is amended (1) by striking out "two" the first time it appears in paragraph (1), and inserting in lieu thereof "five" and by inserting after "teacher aides" the following: "and other educational personnel"; (2) by striking out in paragraph (3) "teaching teams, each of which shall consist of an experienced teacher and a number of teacher-interns who, in addition to teaching duties, shall be afforded time by the local educational agency for a teacher-intern training program carried out under the guidance of an experienced teacher" and inserting in lieu thereof "Teacher Corps programs each of which shall include teacher-intern teams led by experienced teachers, and may include additional experienced teachers, teacher aides, and other educational personnel, who may be afforded time by the local educational agency for a training program carried out"; and PUBLIC LAW 94-482-OCT. 12, 1976 (3) by amending paragraph (7) to read as follows: (7) (A) make available technical assistance to State and local educational agencies and institutions of higher education for carrying out arrangements entered into under this title; and "(B) provide planning, technical assistance, monitoring, documenting, disseminating, and evaluation services for arrangements made under this title;". 90 STAT. 2153 (c) Section 513 (b) of the Act is amended by striking out "for 20 USC 1103. teacher-interns while teaching" and inserting in lieu thereof "for Teacher Corps members while serving". (d) Section 513 of the Act is further amended by adding at the end thereof the following new subsections: "(e) (1) No arrangement may be entered into under the provisions of paragraph (1), (2), (3), (5), or (6) of subsection (a) of this section unless that arrangement is prepared with the participation of an elected council which shall be representative of the community in which the project subject to that arrangement is located and of the parents of the students of the elementary or secondary schools, or both, to be served by any such project. "(2) Each council selected pursuant to this subsection shall participate with the local educational agency or institution of higher education, or both, in the planning, carrying out, and evaluation of projects subject to arrangements under paragraphs (1), (2), (3), (5), and (6) of subsection (a) of this section. "(3) The Commissioner is authorized in each fiscal year to arrange for the payment of necessary secretarial and administration expenses of each council elected pursuant to the provisions of this subsection for the purposes of carrying out its functions under this subsection. "(f) The Commissioner shall establish procedures seeking, with respect to the Teacher Corps members enrolled after the date of enactment of the Education Amendments of 1976, goal of having approxi- Ante, p. 2081. mately five individuals who are at the time of enrollment, or who previously have been, employed as teachers by local educational agencies to one individual who has not been so employed. The Commissioner may waive the procedure established under this subsection if he makes a determination that there are insufficient qualified applicants to maintain the goal sought by this subsection, or that there are insufficient employment opportunities for individuals who are not so employed, and submits a report to the Congress of such determination. "(g) Notwithstanding any other provision of law, the Commmissioner shall develop and establish specific criteria for entering into arrangements under this part in order to assist applicants for assistance under this part to develop proposals to be submitted. Criteria established under this subsection shall be used by the Commissioner in selecting proposals under this title.". (e) Section 514 of the Act is amended by adding at the end thereof 20 USC 1104. the following new subsection: "(f) The Commissioner is authorized to compensate local educational agencies for released time for educational personnel of the agency who are being trained in Teacher Corps projects assisted under this title.". TEACHER TRAINING PROGRAMS SEC. 153. (a) Title V of the Act is further amended by inserting immediately before the heading of section 511 the following: 90 STAT. 2154 20 USC 1119. Grants. 20 USC 1119a. "Teacher center." Application. PUBLIC LAW 94-482-OCT. 12, 1976 "PART A-TEACHER CORPS PROGRAM” and by adding at the end thereof the following new part: "PART B-TEACHER TRAINING PROGRAMS "AUTHORIZATION OF APPROPRIATIONS "SEC. 531. There are authorized to be appropriated $75,000,000 for the fiscal year 1977 and for each of the fiscal years ending prior to October 1, 1979, to carry out the provisions of this part. Of the sums so appropriated for any fiscal year not less than 10 per centum shall be available for each of the programs authorized by sections 532 and 533. "TEACHER CENTERS "SEC. 532. (a) (1) The Commissioner is authorized to make grants to local educational agencies in accordance with the provisions of this section to assist such agencies in planning, establishing, and operating teacher centers. "(2) For the purpose of this section, the term 'teacher center' means any site operated by a local educational agency (or a combination of such agencies) which serves teachers, from public and nonpublic schools of a State, or an area or community within a State, in which teachers, with the assistance of such consultants and experts as may be necessary, may "(A) develop and produce curricula designed to meet the educational needs of the persons in the community, area, or State being served, including the use of educational research findings or new or improved methods, practices, and techniques in the development of such curricula; and "(B) provide training to improve the skills of teachers to enable such teachers to meet better the special educational needs of persons such teachers serve, and to familiarize such teachers with developments in curriculum development and educational research, including the manner in which the research can be used to improve their teaching skills. "(b) Each teacher center shall be operated under the supervision of a teacher center policy board, the majority of which is representative of elementary and secondary classroom teachers to be served by such center fairly reflecting the make-up of all schoolteachers, including special education and vocational education teachers. Such board shall also include individuals representative of, or designated by, the school board of the local educational agency served by such center, and at least one representative designated by the institutions of higher education (with departments or schools of education) located in the area. "(e) (1) Any local educational agency desiring to receive a grant under this section shall make application therefor at such time, in such manner, and containing or accompanied by such information, as the Commissioner may by regulation require. Each application shall be submitted through the State educational agency of the State in which the applicant is located. Each such State agency shall review the application, make comments thereon, and recommend each application the State agency finds should be approved. Only applications so recommended shall be transmitted to the Commissioner for his approval. |