(20 U.S.C. 1205) Enacted Nov. 3, 1966, P.L. 890-750, Title III, sec. 306, 80 Stat. 1218; amended Jan. 2, 1968, P.L. 90-247, Title V, sec. 502(b), 81 Stat. 815; amended April 13, 1970, P.L. 91-230, Title III, sec. 301, 84 Stat. 161; amended August 21, 1974, P.L. 93-380, sec. 603, 88 Stat. 576; amended August 21, 1974, P.L. 93-380, sec. 607(a), 88 Stat. 578.

PAYMENTS

SEC. 307. (a) Except as provided in subsection (b), the Federal share of expenditures to carry out a State plan shall be paid from a State's allotment available for grants to such State. The Federal share for each State shall be 90 per centum, except that with respect to the Trust Territory of the Pacific Islands, such Federal share shall be 100 per centum.

(b) No payment shall be made to any State from its allotment for any fiscal year unless the Commissioner finds that the fiscal effort per student or the amount available for expenditure by such State for adult education from non-Federal sources for the preceding fiscal year was not less than such fiscal effort per student or such amount available for expenditure for such purposes from such sources during the second preceding fiscal year, but no State shall be required to use its funds to supplant any portion of the Federal share.

(20 U.S.C. 1206) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 307, 80 Stat. 1219, amended Jan. 2, 1968, P.L. 90-247, Title III, sec. 503, 81 Stat. 815; amended April 13, 1970. P.L. 91-230, Title III, sec. 301, 84 Stat. 162; amended Oct. 12, 1976, P.L. 94-482, Title III, Part B, sec. 323(a)(4), 90 Stat. 2218.

OPERATION OF STATE PLANS; HEARINGS AND JUDICIAL REVIEW

SEC. 308. (a) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the State educational agency administering a State plan approved under this title, finds that—

(1) the State plan has been so changed that it no longer complies with the provisions of section 306, or

(2) in the administration of the plan there is a failure to comply substantially with any such provision,

the Commissioner shall notify such State agency that no further payments will be made to the State under this title (or, in his discretion, that further payments to the State will be limited to programs under or portions of the State plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, no further payments may be made to such State under this title (or payments shall be limited to programs under or portions of the State plan not affected by such failure).

(b) A State educational agency dissatisfied with a final action of the Commissioner under section 306 or subsection (a) of this section may appeal to the United States court of appeals for the circuit in which the State is located, by filing a petition with such court within sixty days after such final action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner or any officer designated by him for that purpose. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the

Commissioners or to set it aside, in whole or in part, temporarily or permanently, but until the filing of the record, the Commissioner may modify or set aside his order. The findings of the Commissioner as to the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. The judgement of the court affirming or setting aside, in whole or part, any action of the Commissioner shall be final, subject to the review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. The commencement of proceedings under this subsection shall not, unless so specifically ordered by the court, operate as a stay of the Commissioner's action.

(20 U.S.C. 1207) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 308, 80 Stat. 1219; amended April 13, 1970, P.L. 91-230, Title III, sec. 301, 84 Stat. 162.

USE OF FUNDS FOR SPECIAL EXPERIMENTAL DEMONSTRATION PROJECTS AND TEACHER TRAINING

SEC. 309. Of the funds allotted to a State under section 305 for a fiscal year, not less than 10 per centum shall be used for

(1) special projects which will be carried out in furtherance of the purposes of this title, and which

(A) involve the use of innovative methods, including methods for educating persons of limited English-speaking ability, systems, materials, or programs which may have national significance or be of special value in promoting effective programs under this title, or

(B) involve programs of adult education, including education for persons of limited English-speaking ability, which are part of community school programs, carried out in cooperation with other Federal, federally assisted, State or local programs which have unusual promise in promoting a comprehensive or coordinated approach to the problems of persons with educational deficiencies; and

(2) training persons engaged, or preparing to engage, as personnel in programs designed to carry out the purposes of this title.

(20 U.S.C. 1208) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 309, 80 Stat. 1220; amended April 13, 1970, P.L. 91-230, Title III, sec. 301, 84 Stat. 163; amended Aug. 21, 1974, P.L. 93-380, sec. 604, 88 Stat. 577; amended Oct. 12, 1976, P.L. 94-482, Title III, Part B, sec. 329, 90 Stat. 2221.

CLEARINGHOUSE ON ADULT EDUCATION

SEC. 309A. The Commissioner shall establish and operate a clearinghouse on adult education, which shall collect and disseminate to the public information pertaining to the education of adults and adult education programs, together with ways of coordinating adult education programs with manpower and other education programs. The Commissioner is authorized to enter into contracts with

public agencies or private organizations to operate the clearinghouse established or designated under this section.

(20 U.S.C. 1208-1) Enacted August 21, 1974, P.L. 93-380, sec. 605, 88 Stat. 577.

SPECIAL PROJECTS FOR THE ELDERLY

SEC. 310. (a) The Commissioner is authorized to make grants to State and local educational agencies or other public or private nonprofit agencies for programs to further the purpose of this Act by providing educational programs for elderly persons whose ability to speak and read the English language is limited and who live in an area with a culture different than their own. Such programs shall be designed to equip such elderly persons to deal successfully with the practical problems in their everyday life, including the making of purchases, meeting their transportation and housing needs, and complying with governmental requirements such as those for obtaining citizenship, public assistance and social security benefits, and housing.

(b) For the purpose of making grants under this section there are authorized to be appropriated such sums as may be necessary for the fiscal year ending June 30, 1973, for each succeeding fiscal year ending prior to October 1, 1979, and for the period beginning July 1, 1976, and ending September 30, 1976.

(c) In carrying out the program authorized by this section, the Commissioner shall consult with the Commissioner of the Administration on Aging for the purpose of coordinating, where practicable, the programs assisted under this section with the programs assisted under the Older Americans Act of 1965.

(20 U.S.C. 1208a) Enacted May 3, 1973, P.L. 93-29, sec. 804(a), 87 Stat. 59, 60; amended Nov. 28, 1975, P.L. 94-135, sec. 202, 89 Stat. 726; amended Sept 24, 1977, P.L. 95-112, sec. 3(a)(1), 91 Stat. 912.

STATE ADVISORY COUNCILS

SEC. 310A. (a) Any State which receives assistance under this title may establish and maintain a State advisory council, or may designate and maintain an existing State advisory council, which shall be, or has been, appointed by the Governor or, in the case of a State in which members of the State board which governs the State education agency are elected (including election by the State legislature), by such board.

(b)(1) Such a State advisory council shall include as members persons who, by reason of experience or training, are knowledgeable in the field of adult education or who are officials of the State educational agency or of local educational agencies of that State, persons who are or have received adult educational services, and persons who are representative of the general public.

(2) Such a State advisory council, in accordance with regulations prescribed by the Commissioner, shall

(A) advise the State educational agency on the development of, and policy matters arising in, the administration of the State plan approved pursuant to section 306;

(B) advise with respect to long-range planning and studies to evaluate adult education programs, services, and activities assisted under this Act; and

(C) prepare and submit to the State educational agency, and to the National Advisory Council for Adult Education established pursuant to section 310, an annual report of its recommendations, accompanied by such additional comments of the State educational agency as that agency deems appropriate. (c) Upon the appointment of any such advisory council, the appointing authority under subsection (a) of this section shall inform the Commissioner of the establishment of, and memberhsip of, its State advisory council. The Commissioner shall, upon receiving such information, certify that each such council is in compliance with the membership requirements set forth in subsection (b)(1) of this section.

(d) Each such State advisory council shall meet within thirty days after certification has been accepted by the Commissioner under subsection (c) of this section and select from among its membership a chairman. The time, place, and manner of subsequent meetings shall be provided by the rules of the State advisory council, except that such rules shall provide that each such council meet at least four times each year, including at least one public meeting at which the public is given the opportunity to express views concerning adult education.

(e) Each such State advisory council is authorized to obtain the services of such professional, technical, and clerical personnel as may be necessary to enable them to carry out their functions under this section.

(20 U.S.C. 1208b) Enacted August 21, 1974, P.L. 93-380, sec. 606, 88 Stat. 577, 578, amended October 12, 1976, P.L. 94-482, Title V, Part A, sec. 501(g), 90 Stat. 2237.

NATIONAL ADVISORY COUNCIL ON ADULT EDUCATION

SEC. 311. (a) The President shall appoint a National Advisory Council on Adult Education (hereinafter in this section referred to as the "Council").

(b) The Council shall consist of fifteen members who shall, to the extent possible, include persons knowledgeable in the field of adult education including education for persons of limited English-speaking ability in which instruction is given in English and, to the extent necessary to allow such persons to progress effectively through the adult education progam, in the native language of such persons, State and local public school officials, and other persons having special knowledge and experience, or qualifications with respect to adult education, and persons representative of the general public. The Council shall meet initially at the call of the Commissioner and elect from its number a chairman. The Council will thereafter meet at the call of the chairman, but not less often than twice a year. Subject to section 448(b) of the General Education Provisions Act, the Council shall continue to exist until October 1, 1979.

(c) The Council shall advise the Commissioner in the preparation of general regulations and with respect to policy matters arising in the administration of this title, including policies and procedures governing the approval of State plans under section 306 and policies to eliminate duplication, and to effectuate the coordinaton of programs under this title and other programs offering adult education activities and services.

(d) The Council shall review the administration and effectiveness of programs under this title, make recommendations with respect thereto, and make annual reports to the President of its findings and recommendations (including recommendations for changes in this title and other Federal laws relating to adult education activities and services). The President shall transmit each such report to the Congress together with his comments and recommendations. The Secretary of Health, Education, and Welfare shall coordinate the work of the Council with that of other related advisory councils.

(20 U.S.C. 1209) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 310, 80 Stat. 1220; amended April 13, 1970, P.L. 91-230, sec. 301, 84 Stat. 163; redesignated May 3, 1973, P.L. 93-29, sec. 804(a), 87 Stat. 59, 60; amended April 21, 1976, P.L. 94-273, sec. 3(10), 90 Stat. 376; amended Sept. 24, 1977, P.L. 95-112, sec. 3(a)(2), 91 Stat. 912.

LIMITATION

SEC. 312. No grant may be made under this title for any educational program, activity, or service related to sectarian instruction or religious worship, or provided by a school or department of divinity. For purposes of this section, the term "school or department of divinity" means an institution or a department or branch of an institution whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation, or to prepare them to teach theological subjects.

(20 U.S.C. 1210) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 311, formerly sec. 313, 80 Stat. 1222; redesignated April 13, 1970, P.L. 91-230, Title III, sec. 301, 84 Stat. 164; redesignated May 3, 1973, P.L. 93-29, sec. 804(a), 87 Stat. 59, 60.

APPROPRIATIONS AUTHORIZED

SEC. 313. (a) There are authorized to be appropriated $160,000,000 for the fiscal year ending June 30, 1970, $200,000,000 for the fiscal year ending June 30, 1971, $225,000,000 for each of the fiscal years ending June 30, 1972, and June 30, 1973, $150,000,000 for each of the fiscal years ending June 30, 1974, and June 30, 1975, $175,000,000 for the fiscal year ending June 30, 1976, and $200,000,000 for the fiscal year ending September 30, 1977, and for each of the succeeding fiscal years ending prior to October 1, 1979: Provided, That, effective with respect to fiscal years after June 30, 1974, grants to each State under section 305 shall not be less than 90 per centum of the grants made to such State agencies in fiscal year 1973 for the purposes of this title (other than sections 310 and 314).

(b) There are further authorized to be appropriated for each such fiscal year such sums, not to exceed 5 per centum of the amount appropriated pursuant to subsection (a) of such year, as may be necessary to pay the cost of the administration and development of State plans, and other activities required pursuant to this title. For the fiscal year ending June 30, 1970, and the succeeding fiscal year, nothing in this subsection shall be construed to prohibit the use of any amounts appropriated pursuant to this Act to pay such costs, subject to such limitations as the Commissioner may prescribe.

(20 U.S.C. 1211) Enacted Nov. 3, 1966, P.L. 89-750, Title III, sec. 312, formerly sec. 314, 80 Stat. 1222; amended Jan. 2, 1968, P.L. 90-247, Title V, sec. 504, 81 Stat. 815;