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78 STAT. 1108.

them of short-term or regular session institutes for advanced study, including study in the use of new materials, to improve the qualification of individuals

"(1) who are engaged in or preparing to engage in the teaching, or supervising or training of teachers, of history, geography, modern foreign languages, reading, or English in elementary or secondary schools,

"(2) who are engaged in or preparing to engage in the teaching of disadvantaged youth and are, by virtue of their service or future service in elementary or secondary schools enrolling substantial numbers of culturally, economically, socially, and educationally handicapped youth, in need of specialized training; except that no institute may be established under this title for teachers of disadvantaged youth unless such institute will offer a specialized program of instruction designed to assist such teachers in coping with the unique and peculiar problems involved in the teaching of such youth,

"(3) who are engaged as, or preparing to engage as, library personnel in the elementary or secondary schools, or as supervisors of such personnel, or

"(4) who are engaged as, or are preparing to engage as, educational media specialists.

"STIPENDS

"SEC. 1102. Each individual who attends an institute operated under the provisions of this title shall be eligible (after application therefor) to receive a stipend at the rate of $75 per week for the period of his attendance at such institute, and each such individual with one or more dependents shall receive an additional stipend at the rate of $15 per week for each such dependent."

TITLE X-AMENDMENTS OF TABLE OF CONTENTS

SEC. 1001. The table of contents of the National Defense Education Act of 1958 is amended

(1) by striking out

"TITLE III-FINANCIAL ASSISTANCE FOR STRENGTHENING SCIENCE, MATHEMATICS, AND MODERN FOREIGN LANGUAGE INSTRUCTION"

and inserting in lieu thereof

"TITLE III-FINANCIAL ASSISTANCE FOR STRENGTHENING INSTRUCTION IN SCIENCE, MATHEMATICS, MODERN FOREIGN LANGUAGES, and Other Critical SUBJECTS";

(2) by inserting after

"Sec. 504. Payments to States."

the following:

"Sec. 505. Definitions.";

(3) by striking out

"PART A-CENTERS AND RESEARCH AND STUDIES";

(4) by striking out

"PART B-LANGUAGE INSTITUTES

"Sec. 611. Authorization.";

72 Stat. 548; 77 Stat. 419.

64 Stat. 1100; 77 Stat. 419.

Report to
Congress.

78 STAT. 1109.

(5) by inserting at the end thereof the following:

"TITLE XI-INSTITUTES

"Sec. 1101. Authorization of institutes.

"Sec. 1102. Stipends."

TITLE XI-FEDERALLY AFFECTED AREAS

AMENDMENTS TO PUBLIC LAW 815

SEC. 1101. (a) The first sentence of section 3 of the Act of September 23, 1950, as amended (20 U.S.C. 631-645), is amended by striking out "1965" and inserting in lieu thereof "1966".

(b) Subsection (b) of section 14 of such Act is amended by striking out "1965" each time it appears therein and inserting in lieu thereof "1966".

(c) Paragraph (13) of section 15 of such Act is amended by inserting "the District of Columbia," after "Guam,".

(d) Paragraph (15) of section 15 of such Act is amended by striking out "1962-1963" and inserting in lieu thereof "1963-1964".

AMENDMENTS TO PUBLIC LAW 874

SEC. 1102. (a) Sections 2(a), 3(b), and 4(a) of the Act of September 30, 1950, as amended (20 U.S.C. 236-244), are each amended by striking out "1965" each place where it appears and inserting in lieu thereof "1966".

(b) Section 9(8) of such Act is amended by inserting "the District of Columbia," after "Guam,".

COMPREHENSIVE STUDY

SEC. 1103. The Commissioner of Education shall submit to the Secretary of Health, Education, and Welfare for transmission to the Congress on or before June 30, 1965, a full report of the operation of Public Laws 815 and 874, as extended by this Act, and his recommendations as to what amendments to such laws should be made if they are further extended.

Approved October 16, 1964.

LEGISLATIVE HISTORY:

HOUSE REPORTS: No. 1639 accompanying H. R. 11904 (Comm. on
Education and Labor) and No. 1916 (Comm. of
Conference).

SENATE REPORT No. 1275 (Comm. on Labor and Public Welfare).
CONGRESSIONAL RECORD, Vol. 110 (1964):

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Public Law 89-10
89th Congress, H. R. 2362
April 11, 1965

An Act

79 STAT. 27.

To strengthen and improve educational quality and educational opportunities in the Nation's elementary and secondary schools.

oation Act of 1965.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may Elementary and be cited as the "Elementary and Secondary Education Act of 1965". Secondary EduTITLE I-FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR THE EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES AND EXTENSION OF PUBLIC LAW 874, EIGHTY-FIRST CONGRESS

SEC. 2. The Act of September 30, 1950, Public Law 874, Eighty-first Congress, as amended (20 U.S.C. 236-244), is amended by inserting: 64 Stat. 1100. "TITLE I-FINANCIAL ASSISTANCE FOR LOCAL EDUCA

TIONAL AGENCIES IN AREAS AFFECTED BY FEDERAL
ACTIVITY”

immediately above the heading of section 1, by striking out "this Act"
wherever it appears in sections 1 through 6, inclusive (other than

where it appears in clause (B) of section 4(a)), and inserting in lieu 67 Stat. 532. thereof "this title", and by adding immediately after section 6 the 20 USC 239. following new title:

"TITLE II-FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR THE EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES

"DECLARATION OF POLICY

"SEC. 201. In recognition of the special educational needs of children of low-income families and the impact that concentrations of lowincome families have on the ability of local educational agencies to support adequate educational programs, the Congress hereby declares it to be the policy of the United States to provide financial assistance (as set forth in this title) to local educational agencies serving areas with concentrations of children from low-income families to expand and improve their educational programs by various means (including preschool programs) which contribute particularly to meeting the special educational needs of educationally deprived children.

"KINDS AND DURATION OF GRANTS

"SEC. 202. The Commissioner shall, in accordance with the provisions of this title, make payments to State educational agencies for basic grants to local educational agencies for the period beginning July 1, 1965, and ending June 30, 1968, and he shall make payments to State educational agencies for special incentive grants to local educational agencies for the period beginning July 1, 1966, and ending June 30, 1968.

79 STAT. 28.

49 Stat. 627.
42 USC 601-609.

"Average per pupil expenditure."

"BASIC GRANTS-AMOUNT AND ELIGIBILITY

"SEC. 203. (a) (1) From the sums appropriated for making basic grants under this title for a fiscal year, the Commissioner shall reserve such amount, but not in excess of 2 per centum thereof, as he may determine and shall allot such amount among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective need for such grants. The maximum basic grant which a local educational agency in Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands shall be eligible to receive shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this title.

"(2) In any case in which the Commissioner determines that satisfactory data for that purpose are available, the maximum basic grant which a local educational agency in a State shall be eligible to receive under this title for any fiscal year shall be (except as provided in paragraph (3)) an amount equal to the Federal percentage (established pursuant to subsection (c)) of the average per pupil expenditure in that State multiplied by the sum of (A) the number of children aged five to seventeen, inclusive, in the school district of such agency, of families having an annual income of less than the low-income factor (established pursuant to subsection (c)), and (B) the number of children of such ages in such school district of families receiving an annual income in excess of the low-income factor (as established pursuant to subsection (c)) from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act. In any other case, the maximum basic grant for any local educational agency in a State shall be determined on the basis of the aggregate maximum amount of such grants for all such agencies in the county or counties in which the school district of the particular agency is located, which aggregate maximum amount shall be equal to the Federal percentage of such per pupil expenditure multiplied by the number of children of such ages and families in such county or counties and shall be allocated among those agencies upon such equitable basis as may be determined by the State educational agency in accordance with basic criteria prescribed by the Commissioner. For purposes of this subsection the 'average per pupil expenditure' in a State shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies in the State (without regard to the sources of funds from which such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year. In determining the maximum amount of a basic grant and the eligibility of a local educational agency for a basic grant for any fiscal year, the number of children determined under the first two sentences of this subsection or under subsection (b) shall be reduced by the number of children aged five to seventeen, inclusive, of families having an annual income of less than the lowincome factor (as established pursuant to subsection (c)) for whom a payment was made under title I for the previous fiscal year.

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(3) If the maximum amount of the basic grant determined pursuant to paragraph (1) or (2) for any local educational agency for the fiscal year ending June 30, 1966, is greater than 30 per centum of the sum budgeted by that agency for current expenditures for that year (as determined pursuant to regulations of the Commissioner), such maximum amount shall be reduced to 30 per centum of such budgeted sum.

"(4) For purposes of this subsection, the term 'State' does not include Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.

"(b) A local educational agency shall be eligible for a basic grant for a fiscal year under this title only if it meets the following requirements with respect to the number of children aged five to seventeen, inclusive, of families having an annual income of less than the lowincome factor (as established pursuant to subsection (c)):

"(1) In any case (except as provided in paragraph (3)) in which the Commissioner determines that satisfactory data for the purpose of this subsection as to the number of such children of such families are available on a school district basis, the number of such children of such families in the school district of such local educational agency shall be

"(A) at least one hundred, or

"(B) equal to 3 per centum or more of the total number
of all children aged five to seventeen, inclusive, in such
district,

whichever is less, except that it shall in no case be less than ten.
"(2) In any other case, except as provided in paragraph (3),
the number of children of such ages of families with such income
in the county which includes such local educational agency's
school district shall be one hundred or more.

"(3) In any case in which a county includes a part of the school district of the local educational agency concerned and the Commissioner has not determined that satisfactory data for the purpose of this subsection are available on a school district basis for all the local educational agencies for all the counties into which the school district of the local educational agency concerned extends, the eligibility requirement with respect to the number of children of such ages of families of such income for such local educational agency shall be determined in accordance with regulations prescribed by the Commissioner for the purposes of this

subsection.

79 STAT. 29.

"Low-income

"(c) For the purposes of this section, the 'Federal percentage' and "Federal perthe low-income factor' for the fiscal year ending June 30, 1966, shall centage." be 50 per centum and $2,000, respectively. For each of the two succeeding fiscal years the Federal percentage and the low-income factor factor." shall be established by the Congress by law.

"(d) For the purposes of this section, the Commissioner shall determine the number of children aged five to seventeen, inclusive, of families having an annual income of less than the low-income factor (as established pursuant to subsection (c)) on the basis of the most recent satisfactory data available from the Department of Commerce. At any time such data for a county are available in the Department of Commerce, such data shall be used in making calculations under this section. The Secretary of Health, Education, and Welfare shall determine the number of children of such ages from families receiving an annual income in excess of the low-income factor (established pursuant to subsection (c)) from payments under the program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act on the basis of the best available 49 Stat. 627. data for the period most nearly comparable to those which are used 42 USC 601-609. by the Commissioner under the first two sentences of this subsection in making determinations for the purposes of subsections (a) and (b). When requested by the Commissioner, the Secretary of Commerce shall make a special estimate of the number of children of such who are from families having an annual income less than the low

ages

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