"SPECIAL VOLUNTEER PROGRAMS

"SEC. 821. The Director is authorized to conduct, or provide by grant or contract for, special volunteer programs designed to stimulate and initiate improved methods of providing volunteer services and to encourage wider volunteer participation, in furtherance of the purposes of this title. Not to exceed 10 per centum of the sums appropriated or allocated from any appropriation to carry out this title for any fiscal year may be used for programs under this section.

"DEMONSTRATION PROJECTS TO HELP YOUNG ADULT CRIMINAL OFFENDERS

"SEC. 822. (a) The Director is authorized to conduct, or to make grants, contracts, or other arrangements for the conduct of demonstration projects in not more than four areas jduring the fiscal year ending June 30, 1968, and in not more than six areas during each of the two succeeding fiscal years, under which

"(1) volunteers under part A, and members of the Ante, p. 672. Teacher Corps furnished pursuant to this section, provide criminal offenders aged sixteen through twenty-five with intensive education, training, and counseling for at least a six-month period prior to their release from confinement and for at least a'six-month period thereafter;

"(2) not more than one hundred such volunteers are employed pursuant to this section during the fiscal year ending June 30, 1968, and not more than one hundred and fifty such volunteers are so employed during each of the two succeeding fiscal years;

"(3) the Commissioner of Education furnishes, on a reimbursable basis, for the purpose of this section, members of the Teacher Corps who have been recruited and trained by one or more institutions of higher education; and

"(4) not more than forty such members are furnished pursuant to this section during the fiscal year ending June 30, 1968, and not more than sixty such members are so furnished during each of the two succeeding fiscal years. "(b) Members of the Teacher Corps enrolled for purposes of this section, who are not experienced teachers, shall be compensated at the rate of $75 per week plus $15 per week for each dependent. Such members who are experienced teachers shall be compensated at a rate to be fixed by the Commissioner of Education. Assignment of members of the Teacher Corps pursuant to this section shall be without regard to the provisions of section 513(c) of the Higher Education Act of 1965.

12. ELEMENTARY AND SECONDARY EDUCATION

AMENDMENTS OF 1967

(Public Law 90-247, approved Jan. 2, 1968)

A. LEGISLATIVE HISTORY

Hearings on a bill proposing Elementary and Secondary Education Amendments of 1967, introduced on February 28, 1967 by Repre sentative Carl D. Perkins, of Kentucky, Chairman of the (House) Committee on Education and Labor, were held before that committee on March 2, 3, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 18 and 20, 1967.

A new bill, H.R. 7819, cited as the Elementary and Secondary Education Amendments of 1967, was introduced on April 3, 1967 by Representative John Brademas, of Indiana. The bill was referred to the Committee on Education and Labor. It was reported from that committee on April 11, 1967 (H. Rept. 188). It passed the House on May 25 (legislative day May 24) 1967.

In the Senate, hearings on Education Legislation, 1967, began in April 1967, and continued into September 1967. Hearings before the Subcommittee on Education of the Committee on Labor and Public Welfare were held on April 26, July 24, 25, 26, August 7, 9, 10, 11, 14, 15, 16 and September 18, 1967. The hearings related principally to H.R. 7819 and a similar bill, S. 1125, which had been introduced on February 28, 1967, by Senator Wayne Morse, of Oregon, chairman of the Subcommittee on Education. (The hearing on Apr. 26, 1967 related to S. 1126, proposing Higher Education Amendments, which also had been introduced by Senator Morse on Feb. 28, 1967).

H.R. 7819 was reported in the Senate, from the Committee on Labor and Public Welfare, on November 6, 1967 (S. Rept. 726). It passed the Senate amended, on December 11, 1967. On the same day, the House asked for a conference. On December 12, 1967, the Senate agreed to a conference. The conference report was filed on December 15, 1967 (H. Rept. 1049), and the House and Senate both agreed to the conference report on that date. The act was approved on January 2, 1968, and became Public Law 90-247.

B. SOME PRESS COMMENTS

On January 3, 1968, the New York Times reported that at his ranch in Texas on January 2, the President had signed a number of important bills of which a measure amending the Elementary and Secondary Education Act was one.

The Washington Post on January 3, 1968, stated that on January 2, 1968, the President had signed three major bills, one of which was the elementary and secondary education bill. Concerning this act the Post said, in part:

***

The education legislation *** gives states more of a say on how the money is spent and permits Congress to appropriate money a year ahead of time to facilitate planning by school officials. The bill also promotes a new effort to prevent children from leaving school early and establishes bilingual education programs for children of Indian, Puerto Rican and Mexican descent. *

An article in the New York Times for January 12, 1968, commented in part:

While other Great Society programs struggled for their very existence last year, Federal aid to education continued to ride the crest of the Congressional popularity

wave.

If there had been any doubt that Federal aid to education was here to stay, Congress firmly dispelled any such idea by giving the Johnson Administration nearly all it asked and much that it had not.

Educational programs *** won strong bipartisan support. By the end of the long, trying session, Congress had poured nearly $3.9 billion for the current fiscal year into programs administered by the United States Office of Education-97 per cent of the money sought by the Administration.

And the future appears even brighter. Without even an Administration request, Congress agreed to authorize a $9.3 billion extension of the elementary and secondary school program for two years beyond next July 1.

This sum is significantly larger than the two-year $6.1 billion authorization approved in 1966 for the period ending next June 30.

The bulk of the money, in the future as now, will go to schools that have substantial numbers of pupils from low-income families. Funds will also continue to be earmarked for the purchase of textbooks and library materials, for supplementary educational centers and for strengthening state departments of public instruction.1

C. DIGEST OF THE ACT

Following is a summary of Public Law 90-247.

The act requires that all rules, guidelines, etc., issued by the Department of Health, Education, and Welfare affecting the administration of this act shall contain citations to the legal authority upon which they are based. Requires that all such rules, guidelines, etc., shall be uniformly applied and enforced throughout the United States. Stipulates that compliance with title VI of the Civil Rights Act is met by compliance with a court desegregation order or decision.

Title I: The act provides that if funds allocated for aid to education of children from low-income families (title I, ESEA) are insufficient to pay to all local educational agencies the maximum of their entitlement (based on the formula of (a) the number of children in the district from families with incomes below $3,000 and (b) the State's average per-pupil expenditure for education or the national average expenditure, whichever is higher) the following priorities shall be observed: (1) State agency programs for the handicapped, migratory children, and neglected and delinquent children in institutions shall be allocated their maximum grants without any ratable reduction; (2) grants to local agencies shall be computed in accordance with the formula contained in the basic law but subject to two exceptions(a) the family low-income factor shall be $2,000 until appropriations are sufficient to satisfy all maximum grants as computed by using that factor (thereafter the factor shall be $3,000), and (b) the aggregate amount allocated to each local agency shall in no event be less than it received in fiscal 1967, until such time as total appropriations for this purpose in the fiscal year being computed exceed $1,500 million; (3) grants to State agencies for administrative expenses shall be 1 percent of the aggregate amounts available within the State under the provisions of (1) and (2) above, with a minimum of $150,000 to every

State.

Hunter, Marjorie. Aid bills receive a 97 from Congress. New York Times, Jan. 12, 1968.

The act establishes at a cost not to exceed $50 million a year a new program of special incentive grants to be distributed among those States which exceed the national effort index by spending proportionately more on education than the national average. Suct payments, may not in the case of any State exceed 15 percent of the total amounts appropriated for this purpose in any year.

The act adds technical and conforming amendments to title I to bring migrant, neglected and delinquent children formula factors into conformity with the other title I programs. It increases from $75,000 to $150,000 the dollar limitation for State administrative expenses. It authorizes joint training programs for title I ESEA education aids and professional staff. It requires that caseload data used in the computation of the formula be that of the month of January for the preceding fiscal year.

It authorizes studies by the Secretary of Health, Education, and Welfare to set forth the impact upon educational systems of children living in public housing units, and by the Commissioner of Education and the Secretary of Commerce to set forth recommendations concerning methods of calculating entitlements under title I for future

years.

It extends for a 2-year period expiring provisions of the school library title of ESEA relating to schools for Indian children and Department of Defense overseas dependent schools.

Revision of Title III, ESEA: The act changes the programs for supplementary educational centers and services from a Federal to a State plan, State grant operations beginning in 1969. Requires that State plans be approved by the Commissioner and that 15 percent of funds appropriated be used for handicapped children. Provides that after fiscal 1969 all funds under this program shall go to the State agency, but that during 1969 the Commissioner may distribute up to 25 percent to local agencies for special projects.

Amendments to Title V: The act amends the provisions for strengthening State educational agencies, effective in 1969, by decreasing the percentage of appropriations available for special project grants from 15 to 5 percent and requiring States to make 10 percent of their appropriation available to local educational agencies for such purpose. Authorizes a new 4-year program of grants to States for comprehensive and continuing educational planning.

Amendments to Title VI, ESEA: The act makes local agencies in combination with State agencies or institutions of higher education. eligible for grants and contracts in the program of Regional Resource Centers for improvement of the education of handicapped children. Authorizes grants and contracts to public or nonprofit private agencies to establish and operate centers for deaf-blind children. Authorizes allotments to the Department of the Interior for handicapped children on reservations. Provides a minimum allotment to States of $100,000. Raises the authorization for the captioned film program. Authorizes the Commissioner to conduct research, surveys, and demonstrations relating to the education of handicapped children.

Amendments to Title VII, ESEA: The act adds to the present program for the dissemination of information a new program of technical assistance to rural areas. Establishes a new program for demonstration projects to prevent school dropouts.

Title II Federally Affected Areas (Public Laws 815 and 874): The act makes amendments to: (1) clarification of definitions, (2) effective date provisions, (3) administration proposals modifying provisions relating to school construction assistance on Indian lands under Public Law 815; (4) deletion from Public Law 874 of provisions requiring that certain contributions be deducted from entitlements under that act; (5) the Chamizal international boundary change; (6) repeal of provisions requiring the use by States of mandatory group rate provisions under Public Law 874, and (7) providing the Commissioner of education with discretionary authority to waive certain requirements of Public Law 815.

The act extends the provisions of the School Disaster Act for a 3-year period and expands its loan program to provide for replacement of school facilities in communities which suffer pinpoint disasters such as fire (other than negligence or intentionally caused), flood, hurricane, earthquake, storm, or other catastrophe even though the local community has not been designated a major disaster area.

Title III Duration of Programs and Authorization for Certain Programs: Extends title I, ESEA, through fiscal 1970. Extends title II, ESEA, for 2 years with authorizations of $62.5 million for fiscal 1969 and $200 million for fiscal 1970.

It authorizes for title III, ESEA, $500 million for fiscal 1968 and $550 million for fiscal 1969. Extends title V, ESEA, for 2 years with authorization of $65 million for fiscal 1968 and $80 million each year for fiscal 1969 and 1970. Extends title VI, ESEA, for 2 years with authorizations of $162.5 million for fiscal 1969 and $200 million for fiscal 1970.

The act extends the temporary provisions of Public Law 815 (81st Congress) for 3 years through fiscal 1970. Extends Public Law 874 (81st Congress) for 3 years through fiscal 1970.

Title IV Planning and Evaluation: The act directs the Secretary of Health, Education, and Welfare to plan for programs in succeeding years and to evaluate present programs. Requires the Secretary to transmit a report on the results of the evaluation to the legislative and appropriation committees in Congress no later than January 31 of each calendar year.

The act authorizes funds for elementary and secondary education programs to be appropriated 1 year in advance of the year in which they will be obligated. Makes provision for grants or payments to educational institutions or agencies on the basis of academic years when such years are different from fiscal years.

Title V Adult Education: The act provides a minimum allotment to each State of $100,000 under the Adult Education Act. Extends the act through fiscal 1970 and authorizes appropriations of $70 million for fiscal 1969 and $80 million for fiscal 1970. Allows participation of private nonprofit agencies and removes the expiration date for the 90-percent Federal share.

Title VI Demonstration Projects and Study for Schoolbus Safety: The act authorizes the Secretary of Transportation to make arrangements for: (1) a study of minimum safety standards for the operation of schoolbuses and (2) demonstration projects for such study. Authorizes $150,000 to be appropriated for such purpose.

Title VII Bilingual Education Programs: The act adds a new title VII to the Elementary and Secondary Education Act to authorize a