TITLE VIII-COMMUNITY SCHOOLS1

SHORT TITLE

SEC. 801. This title may be cited as the "Community Schools and Comprehensive Community Education Act of 1978".

(20 U.S.C. 3281) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2284.

STATEMENT OF FINDINGS AND POLICY

SEC. 802. (a) The Congress finds that—

(1) the school is an integral part of the local human service delivery system;

(2) the school is a primary institution for the delivery of services and may be the best instrument for the coordination of frequently fragmented services, including benefits obtained by energy savings and parental involvement in the delivery of such services;

(3) community education promotes a more efficient use of public education facilities through an extension of school buildings and equipment;

(4) as the primary educational institution of the community, the school is most effective when it involves the people of that community in a program to fulfill the educational needs of individuals of the community; and

(5) community schools provide a great potential for the use of needs assessment as a basis for human resources policies. (b) It is the purpose of this title

(1) to provide in collaboration with other public and nonprofit agencies educational, recreational, cultural, and other relat ed community and human services, in accordance with the needs, interests, and concerns of the community through the expansion of community education programs;

(2) to coordinate the delivery of social services to meet the needs and preferences of the residents of the community served by the school;

(3) to provide for an efficient, energy-conserving use of school facilities; and

(4) to provide for a research and development emphasis in community education which can contribute to an improved formulation of Federal, State, and local policy.

(20 U.S.C. 3282) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2284, 2285 (effective Oct. 1, 1978).

DEFINITION OF COMMUNITY EDUCATION PROGRAM

SEC. 803. For the purpose of this title, a "community education program" means a program in which a public building, including but not limited to, a public elementary or secondary school, or a community or junior college (or a related extension center), is used as a community center operated by a local educational agency in conjunction with other groups in the community, community organizations, and local governmental agencies, to provide educational,

1 A new title VIII was added by the Education Amendments of 1978 (P.L. 95-561, sec. 801). For its relationship to prior law, see sec. 405 of the Education Amendments of 1974 (P.L. 93-380).

recreational, health care, cultural, and other related community and human services for the community that the center serves in accordance with the needs, interests, and concerns of that community.

(20 U.S.C. 3283) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2285 (effective Oct. 1, 1978).

STATE PROGRAMS FOR COMMUNITY EDUCATION

SEC. 804. (a) The Commissioner is authorized to make grants to State educational agencies in accordance with the provisions of this title, to pay the Federal share of the cost of planning, establishing, expanding, and operating community education programs.

(b) There are authorized to be appropriated to carry out the provisions of subsection (a) of this section $40,000,000 for fiscal year 1979, $50,000,000 for fiscal year 1980, $60,000,000 for fiscal year 1981, $50,000,000 for fiscal year 1982, and $40,000,000 for fiscal year 1983.

(20 U.S.C. 3284) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2285 (effective Oct. 1, 1978).

ALLOTMENT

SEC. 805. (a)(1) From the funds appropriated pursuant to section 804, the Commissioner shall allot not more than 1 per centum among Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and Bureau of Indian Affairs schools, according to their respective needs.

(2) From the remainder of such sums the Commissioner shall allot to each State an amount which bears the same ratio to such remainder as the population of the State bears to the population of all States except that no State shall receive less than $50,000 in any fiscal year. For the purposes of this subsection, the term "State" does not include Guam, American Samoa, the Virgina Islands, and the Trust Territory of the Pacific Islands.

(b) That portion of any State's allotment under subsection (a) for a fiscal year which the Commissioner determines will not be required for the period such allotment is available, for carrying out the purposes of this title, shall be available for reallotment from time to time on such date during such period as the Commissioner may fix, to other States in proportion to the original allotment to such States under subsection (a) for such year, but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum which the Commissioner estimates will be needed in such State and will be used for such period for carrying out applications approved under this title, and the total of such reductions shall be similarly realloted among the States whose proportionate amounts are not so reduced. Any amount reallotted to a State under this subsection during a year shall be deemed part of its allotment under subsection (a) for such year.

(20 U.S.C. 3285) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2285, 2286 (effective Oct. 1, 1978).

USE OF COMMUNITY EDUCATION PROGRAMS FOR NON-FEDERAL

CONTRIBUTION IN CERTAIN FEDERAL PROGRAMS

SEC. 806. (a) Notwithstanding any other provision of law, any State or local public agency may use the fair value of any community service program assisted under this title as part or all of the non-Federal contribution required under any program set forth in subsection (b) of this section, if

(1) a portion of any program set forth in subsection (b) is implemented in any building conducting a community education program assisted under this title, and

(2) there is a necessary relationship between such portion of the program set forth in subsection (b) and any element of the community education program assisted under this title. (b) Programs to which subsection (a) applies are

(1) the Public Health Service Act,

(2) the Headstart-Follow Through Act,

(3) title XX of the Social Security Act, relating to child care and day care and other services,

(4) the youth employment demonstration programs authorized under the Comprehensive Employment and Training Act, (5) the Older Americans Act of 1965,

(6) the Vocational Education Act of 1963,

(7) the Adult Education Act,

(8) title I and title X of the Higher Education Act of 1965, relating to community services and continuing education programs and community college programs,

(9) titles I through IV and VI through IX of the Economic Opportunity Act of 1964 (also known as the Community Services Act of 1974),

(10) the Legal Services Corporation Act,

(11) Safe Streets and Omnibus Crime Control Act of 1968

(12) science education programs assisted under the National Science Foundation Act of 1950,

(13) the Rehabilitation Act of 1973, and

(14) such other community service programs as the Assistant Secretary deems appropriate.

(20 U.S.C. 3286) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2286 (effective Oct. 1, 1978).

USES OF FUNDS

SEC. 807. Payments made under this title to any State educational agency and to any local educational, either directly by the Commissioner under section 809 or in accordance with a State plan approved under section 808, may be used by such State and local educational agencies for the Federal share of the cost of planning, establishing, expanding, and operating community education programs including—

(1) educational, cultural, recreational, health care, and other related community and human services, whether or not in the form of formal courses,

(2) activities making the school or other public facilities and equipment available for use by public agencies and private

non-profit organizations, individuals and groups in the community,

(3) preventive health, dental care, and nutrition,

(4) special programs for particular target groups, such as older persons,

(5) services designed to eliminate the high incidence of suspension, expulsion, and other disciplinary action involving chronically maladjusted students,

(6) services for students who withdraw from school before completing secondary school requirements, regardless of age or time of withdrawal,

(7) services for mentally or physically handicapped individuals or other health impaired individuals,

(8) rehabilitation purposes for juvenile and adult offenders, (9) parent education for care, development, and education of handicapped children,

(10) training programs in institutions of higher education for the purpose of assisting full-time training for personnel who are engaged in or who intend to engage in community education programs,

(11) specialized high schools or schools within schools organized around particular interests such as the arts, or using flexible scheduling and summer learning programs to take into account special needs of students, or creating interrelationships between secondary schools and such community resources museums, cultural centers, and institutions of higher education,

(12) development of means to use technology to improve the relationship between the school, the home, and community resources such as libraries, museums, and cultural centers,

(13) early childhood and family education grants for programs operated by State and local education agencies and public and private, nonprofit agencies or organizations for children below age six, which may include identification of potential barriers to learning, education of parents in child development, family services, education for parenthood programs and referral services, and

(14) leisure education.

(20 U.S.C. 3287) Enacted Nov. 1, 1978, P.L. 95-561, sec. 801, 92 Stat. 2286, 2287 (effective Oct. 1, 1978).

STATE PLAN

SEC. 808. (a) Any State desiring to participate in the program authorized by this title shall submit through its State educational agency to the Commissioner a plan, in such detail as the Commissioner deems necessary. Each such plan shall provide satisfactory

assurance

(1) that payments made under this title will be used for community education programs described in section 807, and to the extent practicable such payments will be used to expand community education programs of the schools of local educational agencies within the State;

(2) that provide, after consultation with the appropriate State agencies, the State will develop a ten-year plan for the

coordination of education programs with all relevant community services, including but not limited to State and local recreation authorities and associations;

(3) that 80 per centum of the amounts received by the State from its allotment will be distributed among local educational agencies within the State with due regard for such factors as the size of the population to be served by the community education program of the local education agency;

(4) that community education programs assisted under this part will, to the extent feasible, serve all age groups within the community, including preschool children, children and youth in school, and out of school youths, adults, and senior citizens as well as groups in the community with special needs for community education program services, such as individuals with limited speaking ability, mentally and physically handicapped individuals, and other health impaired individuals;

(5) that the community education program will include procedures for the systematic and effective identification and documentation of the needs and concerns of the community;

(6) that the community education program will provide for the identification and use of existing educational, cultural, recreational, health care, and other resources outside the school or other public facility (including the services of volunteers) and will contain provisions to encourage the use of cooperative arrangements with public and private agencies to make the maximum use of existing resources within the community;

(7) the community education program will provide for the active and continuous involvement on an advisory basis of institutions, groups, and individuals in the community to be served by the program and the active and continuous involvement of parents of school children in the planning, development, and implementation of programs;

(8) that the State educational agency will establish procedures for submitting applications by local educational agencies within that State for payments under this title, for approval by the State educational agency, including appropriate procedures to assure that the State educational agency concerned will not disapprove an application of any local educational agency without notice and opportunity for a hearing;

(9) that the State will pay from non-Federal sources the remaining cost of carrying out the State plan;

(10) that the State educational agency, from the funds received by it under section 804 for any fiscal year, will reserve not to exceed 15 per centum of such funds for the administration of the State plan, technical assistance to local educational agencies, the conduct of conferences and dissemination activities among local educational agencies within the State and other community service agencies, the coordination between local educational agencies, community colleges, and other institutions of higher education in the State with respect to the coordination of the delivery of social services, with particular emphasis on the application of section 806 and the training and conversion activities authorized by section 812 of this title; and

(11) that effective procedures will be adopted to evaluate the effectiveness of the community education programs assisted