of April 16, 1934, commonly referred to as the Johnson-O'Malley Act (25 U.S.C., sec. 452). (20 U.S.C. 243) Enacted Sept. 30, 1950, P.L. 874, 81st Cong., sec. 8, 64 Stat. 1108; amended Aug. 8, 1953, P.L. 248, 83rd Cong., sec. 9, 67 Stat. 536; amended Aug. 4, 1955, P.L. 221, 84th Cong., sec. 202, 69 Stat. 485; amended Aug. 12, 1955, P.L. 382, 84th Cong., sec. 1, 69 Stat. 713; amended Aug. 3, 1956, P.L. 949, 84th Cong., Title II, sec. 210, 70 Stat. 972; amended Aug. 12, 1958, P.L. 85-620, Title II, sec. 204, 72 Stat. 560; redesignated as Title III, sec. 302, and amended April 11, 1965, P.L. 89-10, Title I, sec. 3(c), 79 Stat. 35. DEFINITIONS SEC. 303. For the purposes of this Act (1) The term "Federal property" means real property which is owned by the United States or is leased by the United States, and which is not subject to taxation by any State or any political subdivision of a State or by the District of Columbia. Such term includes real property which is owned by the United States and leased therefrom and the improvements thereon, even though the lessee's interest, or any improvement on such property, is subject to taxation by a State or a political subdivision of a State or by the District of Columbia. Such term also includes, (A) except for purposes of section 6, real property held in trust by the United States for individual Indians or Indian tribes, and real property held by individual Indians or Indian tribes which is subject to restrictions on alienation imposed by the United States, (B) for one year beyond the end of the fiscal year in which occurred the sale or transfer thereof by the United States, any property considered prior to such sale or transfer to be Federal property for the purposes of this Act, and (C) any school which is providing flight training to members of the Air Force under contractual arrangements with the Department of the Air Force at an airport which is owned by a State or a political subdivision of a State. Notwithstanding the foregoing provisions of this paragraph, such term does not include (A) any real property used for a labor supply center, labor home, or labor camp for migratory farmworkers, (B) any real property under the jurisdiction of the Post Office Department and used primarily fo the provision of postal services, or (C) any low-rent housing project held under title II of the National Industrial Recovery Act, the Emergency Relief Appropriation Act of 1935, the United States Housing Act of 1937, the Act of June 28, 1940 (Public Law 671 of the Seventy-sixth Congress), or any law amendatory of or supplementary to any of such Acts. (2) The term "child," except as used in title II, means any child who is within the age limits for which the applicable State provides free public education. (3) The term "parent" includes a legal guardian or other person in loco parentis. (4) The term "free public education" means education which is provided at public expense, under public supervision and direction, and without tuition charge, and which is provided as elementary or secondary school education in the applicable State, except that for the purposes of title II such term does not include any education provided beyond grade 12. (5) The term "current expenditures" means expenditures for free public education, including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for food services and student body activities, but not including expenditures for community services, capital outlay, and debt service, or any expenditures made from funds granted under title II of this Act or title II or III of the Elementary and Secondary Education Act of 1965. (6) (A) For purposes of title I, the term "local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent, or other school district located within a State. Such term includes any State agency which directly operates and maintains facilities for providing free public education. (B) For purposes of title II, 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 includes any other public institution or agency having administrative control and direction of a public elementary or secondary school, and it also includes (except for purposes of sections 203 (a)(2), 203(b), and 205(a) (1)) any State agency which is directly responsible for providing free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children who by reason thereof require special education) or for children in institutions for neglected or delinquent children. (7) The term "State educational agency" means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools. (8) The term "State" means a State, Puerto Rico, Wake Island, Guam, the District of Columbia, American Samoa, or the Virgin Islands, and for purposes of title II, such term includes the Trust Territory of the Pacific Islands. (9) The terms "Commissioner of Education" and "Commissioner" mean the United States Commissioner of Education. (10) Average daily attendance shall be determined in accordance with State law, except that (A) the average daily attendance of children with respect to whom payment is to be made under section 3 or 4 of this Act shall be determined in accordance with regulations of the Commissioner, and (B) notwithstanding any other provision of this Act, where the local educational agency of the school district in which any child resides makes or contracts to make a tuition payment for the free public education of such child in a school situated in another school district, for purposes of this Act the attendance of such child at such school shall be held and considered (i) to be attendance at a school of the local educational agency so making or contracting to make such tuition payment, and (ii) not to be attendance at a school of the local educational agency receiving such tuition payment or entitled to receive such payment under the contract. (11) The term "county" means those divisions of a State utilized by the Secretary of Commerce in compiling and reporting data regarding counties. (12) The term "construction" includes the preparation of drawings and specifications for school facilities; erecting, building, acquiring, altering, remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities. (13) The term "school facilities" means classrooms and related facilities (including initial equipment) for free public education and interests in land (including site, grading, and improvements) on which such facilities are constructed, except that such term does not include those gymnasiums and similar facilities intended primarily for exhibitions for which admission is to be charged to the general public. (14) The term "equipment" includes machinery, utilities, and builtin 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. (15) For the purpose of title II, 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 education, as determined under State law, except that it does not include any education, provided beyond grade 12. (20 U.S.C. 244) Enacted Sept. 30, 1950, P.L. 874, 81st Cong., sec. 9, 64 Stat. 1108; amended Aug. 8, 1953, P.L. 248, 83rd Cong., sec. 10, 67 Stat. 536; amended Aug. 1, 1956, P.L. 896, 84th Cong., sec. 10, 70 Stat. 909; amended Aug. 3, 1956, P.L. 949, 84th Cong., Title II, sec. 211, 70 Stat. 972; amended Aug. 12, 1958, P.L. 85-620, Title II, sec. 205, 72 Stat. 560; amended June 25, 1959, P.L. 86-70, sec. 18(d) (4), 73 Stat. 145; amended July 12, 1960, P.L. 86-624, sec. 14(d) (4), 74 Stat. 414; amended Oct. 16, 1964, P.L. 88-665, Title XI, sec. 1102(b), 78 Stat. 1109; redesignated as Title III, sec. 303, and amended April 11, 1965, P.L. 89-10, Title I, secs. 3(c) (1), 4(a)-(c), (d)(1), (e), 79 Stat. 35; amended Nov. 1, 1965, P.L. 89-313, sec. 6(c), 79 Stat. 1162; amended Nov. 3, 1966, P.L. 89-750, Title I, sec. 117, 80 Stat. 1198, Title II, sec. 5, 80 Stat. 1213. House Reports No. 2287 (committee on conference). LEGISLATIVE HISTORY (P.L. 874, 81st Cong.) (Committee on Education and Labor) and No. 3109 Senate Report No. 2458 (Committee on Labor and Public Welfare). July 30: Passed House. September 13: Passed Senate. September 18: Senate agreed to conference report. September 20: House agreed to conference report. Approved: September 30, 1950 (P.L. 248, 83rd Cong.) House Reports No. 703 (Committee on Education and Labor) and No. 1092 (committee on conference). Senate Report 714 (Committee on Labor and Public Welfare). House Report No. 2357 (Committee on Education and Labor). July 7: Passed House. July 23: Passed Senate with amendment. July 25: House agreed to Senate amendment. Approved: August 3, 1956. (P.L. 85-620) House Report No. 1532 (Committee on Education and Labor). Senate Report No. 1929 (Committee on Labor and Public Welfare). April 23: Passed House. July 28: Passed Senate with amendment. July 29: House concurs in Senate amendment. Approved: August 12, 1958. (P.L. 86-70) House Report No. 369 (Committee on Interior and Insular Affairs). June 1: Passed House. June 3: Passed Senate. June 11: House agreed to Senate amendment with amendment. Approved: June 25, 1959. (P.L. 86-449) House Report No. 956 (Committee on Judiciary). Senate Report No. 1241 (Committee on Judiciary). Congressional Record (1960): March 24: Passed House. April 8: Passed Senate. Approved: May 6, 1960. (P.L. 87-344) Senate Report No. 743 (Committee on Labor and Public Welfare). Congressional Record (1961): September 6: Committee discharged, rules suspended, and passed House. Approved: October 3, 1961. (P.L. 88-210) House Reports No. 393 (Committee on Education and Labor); No. 1025 (committee of conference). Senate Report 533 (Committee on Labor and Public Welfare). Congressional Record (1963): August 6: Passed House. October 8: Passed Senate. December 12: House agreed to conference report. December 13: Senate agreed to conference report. Approved: December 18, 1963. (P.L. 88-665) Senate Report No. 1275 (Committee on Labor and Public Welfare). Congressional Record (1964): August 1: Passed Senate. August 14: Passed House. October 1: House agreed to conference report. October 2: Senate agreed to conference report. Approved: October 16, 1964. (P.L. 89-10) House Report 143 (Committee on Education and Labor). Senate Report 146 (Committee on Labor and Public Welfare). March 24-25: Considered in House. March 26: Considered and passed House. April 6-8: Considered in Senate. April 9: Considered and passed Senate. Approved: April 11, 1965. (P.L. 89-77) House Report 164 (Committee on Education and Labor). Senate Report 311 (Committee on Labor and Public Welfare). March 15: Considered and passed House. June 11: Considered and passed Senate. July 6: House concurred in Senate amendments. Approved: July 21, 1965. (P.L. 89-313) House Report No. 587 (Committee on Education and Labor). Senate Report No. 783 (Committee on Labor and Public Welfare). Congressional Record, (1965): August 30: Considered and passed House. October 1: Considered and passed Senate, amended. October 13: House concurred in Senate amendments with an amendment. Approved: November 1, 1965. (P.L. 89-750) House Reports: No. 1814, 1814 pt. II (Committee on Education and Labor), and No. 2309 (committee of conference). Senate Report No. 1674 accompanying S. 3046 (Committee on Labor and Public Welfare). Congressional Record, volume 112 (1966): October 5: Considered in House. October 6: Considered and passed House. October 5, 6: S. 3046 considered and passed Senate. October 7: Considered and passed Senate, amended, in lieu of S. 3046. October 19: Senate agreed to conference report. October 20: House agreed to conference report. Approved: November 3, 1966. |