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curity of the students, employees, and facilities of its elementary and secondary schools through programs and projects designed to carry out the purpose of this part, including

(1) the provision of additional professional or other staff members (including staff members especially trained in problems incident to crime control) and the training and retraining of staff for schools which are affected by such a plan;

(2) provision of information to parents and other members of the general public incident to the development or to the implementation of such plan;

(3) the adoption of administrative guidelines so that school officials and staff are encouraged to report all serious crimes occurring in school or in school buildings to local law enforcement agencies;

(4) planning and evaluation activities;

(5) other specially designed programs or projects that meet the purpose of this part;

(b) Funds may also be used for minor alteration of school plants and facilities, including the acquisition, installation, modernization, or replacement of equipment to reduce the susceptibility of the facility to crimes or vandalism. No more than 10 percent of the funds under any plan shall be used for this purpose.

(c) The Commissioner shall promulgate such regulations as may be necessary to provide for the suspension of funding under this part to any local educational agency which the Commissioner determines has not complied with the requirements of subsection (a)(3).

(d) The Commissioner shall consult with the Associate Administrator of the Office of Juvenile Justice and Delinquency Prevention for the purpose of coordinating programs and activities funded under this section with those related programs funded under the Juvenile Justice Delinquency Prevention Act of 1974.

(20 U.S.C. 3354) Enacted Nov. 1, 1978, P.L. 95-561, sec. 802, 92 Stat. 2302 (effective Oct. 1, 1978).

PART E-ETHNIC HERITAGE PROGRAM

STATEMENT OF POLICY

SEC. 951. In recognition of the heterogeneous composition of the Nation and of the the fact that in a multiethnic society a greater understanding of the contributions of one's own heritage and those of one's fellow citizens can contribute to a more harmonious, patriotic, and committed populace, and in recognition of the principle that all persons in the educational institutions of the Nation should have an opportunity to learn about the differing and unique contributions to the national heritage made by each ethnic group, it is the purpose of this part to provide assistance designed to afford to students opportunities to learn about the nature of their own cultural heritage, and to study the contributions of the cultural heritages of the other ethnic groups of the Nation.

(20 U.S.C. 3361) Enacted June 23, 1972, P.L. 92-318, sec. 504(a), 86 Stat. 346, 347; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 802, 92 Stat. 2303 (effective Oct. 1, 1978).

ETHNIC HERITAGE STUDIES PROGRAMS

SEC. 952. The Commissioner is authorized to make grants to, and contracts with, public and private nonprofit educational agencies, institutions, and organizations to assist them in planning, developing, establishing, and operating ethnic heritage studies programs, as provided in this part.

(20 U.S.C. 3362) Enacted June. 23, 1972, P.L. 92-318, sec. 504(a), 86 Stat. 347; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 802, 92 Stat. 2303 (effective Oct. 1, 1978).

AUTHORIZED ACTIVITIES

SEC. 953. Each program assisted under this part shall

(1)(A) develop curriculum materials for use in elementary or secondary schools or institutions of higher education relating to the history, geography, society, economy, literature, art, music, drama, language, and general culture of the group or groups with which the program is concerned, and the contributions of that ethnic group or groups to the American heritage;

or

(B) disseminate curriculum materials to permit their use in elementary or secondary schools or institutions of higher education throughout the Nation; or

(C) provide training for persons using, or preparing to use, curriculum materials developed under this part; and

(2) cooperate with persons and organizations with a special interest in the ethnic group or groups with which the program is concerned to assist them in promoting, encouraging, developing, or producing programs or other activities which relate to the history, culture, or traditions of that ethnic group or groups.

(20 U.S.C. 3363) Enacted June 23, 1972, P.L. 92-318, sec. 504(a), 86 Stat. 347; amended Aug. 21, 1974, P.L. 93-380, sec. 111(b), 88 Stat. 513, 514; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 802, 92 Stat. 2303 (effective Oct. 1, 1978).

APPLICATIONS

SEC. 954. (a) Any public or private nonprofit agency, institution, or organization desiring assistance under this part shall make application therefor in accordance with the provisions of this part and other applicable law and with regulations of the Commissioner promulgated for the purposes of this part. The Commissioner shall approve an application under this part only if he determines that

(1) the program for which the application seeks assistance will be operated by the applicant and that the applicant will carry out such program in accordance with this part;

(2) such program will involve the activities described in section 953; and

(3) such program has been planned, and will be carried out, in consultation with an advisory council which is representative of the ethnic group or groups with which the program is concerned and which is appointed in a manner prescribed by regulation.

(b) In approving applications under this part, the Commissioner shall ensure that there is cooperation and coordination of efforts

among the programs assisted under this part, including the exchange of materials and information and joint programs where appropriate.

(20 U.S.C. 3364) Enacted June 23, 1972, P.L. 92-318, sec. 104(a), 86 Stat. 347; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 802, 92 Stat. 2303, 2304 (effective Oct. 1, 1978).

ADMINISTRATIVE PROVISIONS

SEC. 955. (a) In carrying out this part, the Commissioner shall make arrangements which will utilize (1) the research facilities and personnel of institutions of higher education, (2) the special knowledge of ethnic groups in local communities and of foreign students pursuing their education in this country, (3) the expertise of teachers in elementary and secondary schools and institutions of higher education, and (4) the talents and experience of any other groups such as foundations, civic groups, and fraternal organizations which would further the goals of the programs.

(b) Funds appropriated to carry out this part may be used to cover all or part of the cost of establishing and carrying out the programs, including the cost of research materials and resources, academic consultants, and the cost of training of staff for the purposes of carrying out the purposes of this part. Such funds may also be used to provide stipends (in such amounts as may be determined in accordance with regulations of the Commissioner) to individuals receiving training as part of such programs, including allowances for dependents.

(20 U.S.C. 3365) Enacted June 23, 1972, P.L. 92-318, sec. 104(a), 86 Stat. 347, 348; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 802, 92 Stat. 2304 (effective Oct. 1, 1978).

NATIONAL ADVISORY COUNCIL

SEC. 956. (a) There is hereby established a National Advisory Council on Ethnic Heritage Studies consisting of fifteen members appointed by the Secretary who shall be appointed, serve, and be compensated as provided in part D of the General Education Provisions Act.

(b) Such Council shall, with respect to the program authorized by this part, carry out the duties and functions specified in part D of the General Education Provisions Act.

(20 U.S.C. 3366) Enacted June 23, 1972, P.L. 92-318, sec. 104(a), 86 Stat. 348; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 802, 92 Stat. 2304 (effective Oct. 1, 1978).

AUTHORIZATION OF APPROPRIATIONS

SEC. 957. For the purpose of carrying out this part, there are authorized to be appropriated $15,000,000 for each of the fiscal years ending prior to October 1, 1983. Sums appropriated pursuant to this section shall, notwithstanding any other provision of law unless enacted in express limitation of this sentence, remain available for expenditure and obligation until the end of the fiscal year succeeding the fiscal year for which they were appropriated.

(20 U.S.C. 3367) Enacted June 23, 1972, P.L. 92-318, sec. 104(a), 86 Stat. 348; amended Aug. 21, 1974, P.L. 93-380, sec. 111(a)(1), 88 Stat. 513; redesignated and amended Nov. 1, 1978, P.L. 95-561, sec. 802, 92 Stat. 2304 (effective Oct. 1, 1978).

TITLE X-GENERAL PROVISIONS1

DEFINITIONS

SEC. 1001. As used in title II, III, IV, V, VI, VII, VIII, and IX of this Act, except when otherwise specified

(a) The term "Commissioner" means the Commissioner of Education.

(b) The term "construction" means (1) erection of new or expansion of existing structures, and the acquisition and installation of equipment therefore; or (2) acquisition of existing structures not owned by any agency or institution making application for assistance under this Act; or (3) remodeling or alteration (including the acquisition, installation, modernization, or replacement of equipment) of existing structures; or (4) a combination of any two or more of the foregoing.

(c) The term "elementary school" means a day or residential school which provides elementary education, as determined under State law.

(d) The term "equipment" includes machinery, utilities, and built-in equipment and any necessary enclosures or structures to house them, and includes all other items necessary for the functioning of a particular facility as a facility for the provision of educational services, including items such as instructional equipment and necessary furniture, printed, published, and audio-visual instructional materials, and books, periodicals, documents, and other related materials.

(e) The term "institution of higher education" means an educational institution in any State which

(1) admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate;

(2) is legally authorized within such State to provide a program of education beyond high school;

(3) provides an educational program for which it awards a bachelor's degree, or provides not less than a two-year program which is acceptable for full credit toward such a degree, or offers a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or other technological fields which require the understanding and application of basic engineering, scientific, or mathematical principles or knowledge; (4) is a public or other nonprofit institution; and

(5) is accredited by a nationally recognized accrediting agency or association listed by the Commissioner pursuant to this paragraph or, if not so accredited, is an institution whose credits are accepted, on transfer, by not less than three institu

As the result of an apparent typographical error, the Education Amendments of 1978 (P.L. 95-561, sec. 801) incorrectly redesignated title VIII of the Elementary and Secondary Education Act of 1965 as title IX, while correctly redesignating the sections thereof as 1001 et. seq. This title was correctly redesignated as title X, Aug. 6, 1979, P.L. 96-46, sec. 2(1), 93 Stat. 340.

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tions which are so accredited, for credit on the same basis as if transferred from an institution so accredited: Provided, however, That in the case of an institution offering a two-year program in engineering, mathematics, or the physical or biological sciences which is designed to prepare the student to work as a technician and at a semiprofessional level in engineering, scientific, or technological fields which requires the understanding and application of basic engineering, scientific, or mathematical principles or knowledge if the Commissioner determines that there is no nationally recognized accrediting agency or association qualified to accredit such institutions, he shall appoint an advisory committee, composed of persons specially qualified to evaluate training provided by such institutions, which shall prescribe the standards of content, scope, and quality which must be met in order to qualify such institutions to participate under this Act and shall also determine whether particular institutions meet such standards. For the purposes of this paragraph the Commissioner shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of education or training offered.

(f) The term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(g) The term "nonprofit" as applied to a school, agency, organization, or institution means a school, agency, organization, or institution owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.

(h) The term "secondary school" means a day or residential school which provides secondary education, as determined under State law, except that it does not include any education provided beyond grade 12.

(i) The term "Secretary" means the Secretary of Health, Education, and Welfare.

(j) The term "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands and for purposes of titles II, III, IV, VI, VII, VIII, and IX such terms also include the Trust Territory of the Pacific Islands, and the Northern Mariana Islands.

(k) The term "State educational agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the Governor or by State law.

(1) [Repealed]

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