11 1 jurisdiction to affirm the action of the Commissioner to set it 2 aside, in whole or in part. The judgment of the court shall be 3 subject to review by the Supreme Court of the United States 4 upon certiorari or certification as provided in section 1254 of 5 title 28, United States Code. 6 8 9 10 DEFINITIONS SEC. 11. For purposes of this Act (a) (1) The term "adjusted number of children" for any local educational agency or county for a fiscal year means a number equal to the sum of (i) the number of chil11 dren who are aged five to seventeen, inclusive, in the school 12 district of the agency or in the county, as the case may be, 13 (based on the latest available data from the Department of 14 Commerce) and (ii) the number of children who are counted 15 for that fiscal year for purposes of section 103 (a) (2) of title 16 17 I of the Elementary and Secondary Education Act for which such agency is responsible for providing free public education; 18 (2) The term "Federal grant per pupil" for any particu19 lar State means the product obtained by multiplying the State and local current expenditure per public school pupil by the product obtained by multiplying the national re imbursement rate by the quotient obtained by dividing the national per capita income by the State per capita income; (3) The "national reimbursement rate" shall be 10 per centum for the fiscal year ending June 30, 1972, 20 per 12 1 centum for the fiscal year ending June 30, 1973, and 33% 2 3 per centum for the fiscal year ending June 30, 1974. (b) (1) The term "Commissioner" means the Commissioner of Education; 5 (2) The term "current expenditures" means expendi6 tures for free public education, including expenditures for 7 administration, instruction, attendance and health services. 8 pupil transportation services, operation and maintenance of 9 plant, fixed charges, and net expenditures to cover deficits for 10 food services and student body activities, but not including 11 12 expenditures for community services, capital outlay and debt service, or any expenditures made from funds granted under 13 title I, II, or III of the Elementary and Secondary Educa 14 15 16 17 18 tion Act of 1965; (3) The term "elementary school" means a day or residential school which provides elementary education, as determined under State law; and the term "secondary school" means a day or residential school which provides secondary 19 education, as determined under State law, except that it does not include any education provided beyond grade 12; (4) The term "local educational agency" means a public board of education or other public authority legally con stituted within a State for either administrative control or direction of, or to perform a service function for, public ele mentary or secondary schools in a city, county, township, 13 1 school district, or other political subdivision of a State, or 2 such combination of school districts or counties as are rec3 ognized in a State as an administrative agency for its public 4 elementary or secondary schools. Such term also includes any 5 other public institution or agency having administrative con6 trol and direction of public elementary or secondary schools; (5) The term "nonprofit" as applied to a school means 7 8 a school owned and operated by one or more nonprofit 9 corporations or associations no part of the net earnings of 10 which inures, or may lawfully inure, to the benefit of any 11 private shareholder or individual; 12 (6) The term "per capita income" means the per 13 capita personal income of a State and the United States 14 determined by the Commissioner on the basis of data for 15 the fiscal year preceding the fiscal year for which the 16 17 18 computation is made available from the Department of Commerce; (7) The term "State" means the fifty States, the Dis19 trict of Columbia, Puerto Rico, Guam, American Samoa, 20 21 22 23 24 25 the Virgin Islands, and the Trust Territory of the Pacific Islands; and (8) The term "State educational agency" means the State board of education or other agency or officer pri marily responsible for the State supervision of public elementary and secondary schools. 2 SEC. 12. (a) Section 422 of the General Education 3 Provisions Act is amended by inserting "the National Part4 nership in Education Act;" after "the International Educa5 tion Act of 1966;". 6 (b) The prohibition contained in section 302 (d) of 7 Public Law 81-874 shall not apply to programs and proj8 ects conducted under this Act. 9 10 STUDY OF DATA SEO. 13. The Secretary of Health, Education, and Wel11 fare shall conduct a study of the needs for accurate income 12 and population data for every local educational agency 13 and alternative methods for obtaining such data. This study 14 and his recommendations shall be included in the study 15 of allocation of funds required under section 102 of the Ele 16 mentary and Secondary Education Amendments of 1969 17 (Public Law 91-230). 92D CONGRESS 1ST SESSION H. R. 6521 IN THE HOUSE OF REPRESENTATIVES MARCH 23, 1971 Mr. Dow introduced the following bill; which was referred to the Committee on Education and Labor A BILL To encourage States to increase the proportion of the expenditures in the State for public education which are derived from State rather than local revenue sources. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That the Elementary and Secondary Education Act of 1965 4 is amended by inserting after title V the following new 5 title VI: 6 7 8 "TITLE VI-STATE ASSISTANCE "PART A-DIRECT ASSISTANCE "ELIGIBILITY FOR DIRECT ASSISTANCE 9 "SEC. 601. A State shall be eligible for direct assist10 ance under this part for a fiscal year if the State educational |