PART G-DISSEMINATION OF INFORMATION 80 STAT. 1209 SEC. 171. Title VII of the Elementary and Secondary Education Act of 1965 (as redesignated by this Act) is amended by inserting at Ante, p.1204. the end thereof a new section as follows: "DISSEMINATION OF INFORMATION "SEC. 706. (a) For the purpose of carrying out more effectively the provisions of this Act and title II of Public Law 874, Eighty-first Congress, the Commissioner 79 Stat. 27. "(1) shall prepare and disseminate to State and local educa- 20 USC 241ational agencies and other appropriate agencies and institutions 2411. 1198. catalogs, reviews, bibliographies, abstracts, analyses of research Ante, pp. 1195, and experimentation, and such other materials as are generally useful for such purpose; "(2) may upon request provide advice, counsel, technical assistance, and demonstrations to State or local educational agencies or institutions of higher education undertaking to initiate or expand programs under this Act or such title in order to increase the quality or depth or broaden the scope of such programs, and shall inform such agencies and institutions of the availability of assistance pursuant to this clause; "(3) shall prepare and disseminate to State and local educational agencies and other appropriate agencies and institutions an annual report setting forth developments in the utilization and adaptation of projects carried out pursuant to this Act and such title; and "(4) may enter into contracts with public or private agencies, organizations, groups, or individuals to carry out the provisions of this section. "(b) There are authorized to be appropriated not to exceed $1,500,000 for the fiscal year ending June 30, 1967, and not to exceed $2,000,000 for the fiscal year ending June 30, 1968, to carry out the provisions of this section." PART H-RACIAL IMBALANCE AND COMPLIANCE WITH SEC. 181. Section 704 of the Elementary and Secondary Education Act of 1965 (as redesignated by this act, and containing a prohibition against Federal control of education) is amended by inserting the following at the end thereof and before the period: or to require the assignment or transportation of students or teachers in order to overcome racial imbalance". COMPLIANCE WITH CIVIL RIGHTS ACT OF 1964 20 USC 821 note. 20 USC 236. SEC. 182. The Commissioner of Education shall not defer action or order action deferred on any application by a local educational agency for funds authorized to be appropriated by this Act, by the Elementary and Secondary Education Act of 1965, by the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), by the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), or by the Cooperative Research Act, on the basis of alleged noncompliance with the provisions of title VI of the Civil Rights Act of 1964 for more than sixty days after notice is given to such local agency of such deferral unless such local agency is given the opportunity for a hearing as provided in section 602 of title VI of the Civil Rights Act of 2000d-4. 20 USC 631. 20 USC 331 note. 78 Stat. 252. 42 USC 2000d 80 STAT. 1210 78 Stat. 252. 42 USC 2000d2000d-4. 20 USC 238. 70 Stat. 970. 64 Stat. 1102; 67 Stat. 530. 532. 1964, such hearing to be held within sixty days of such notice, unless the time for such hearing is extended by mutual consent of such local agency and the Commissioner, and such deferral shall not continue for more than thirty days after the close of any such hearing unless there has been an express finding on the record of such hearing that such local educational agency has failed to comply with the provisions of title VI of the Civil Rights Act of 1964. PART I-EFFECTIVE DATE SEC. 191. The provisions of this title shall be effective with respect to fiscal years beginning after June 30, 1966, except as specifically provided otherwise. TITLE II-FEDERALLY AFFECTED AREAS PART A-AMENDMENTS TO PUBLIC LAW 874 AMENDMENTS TO SECTION 3 SEC. 201. Section 3 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as amended, is amended in the following respects: Providing an alternative means of meeting the eligibility requirement 66 (a) (1) Section 3 (c) (2) (B) is amended by inserting after "amount to" the following: ", whichever is the lesser, four hundred such children, or a number of such children equal to". (2) Section 3(c) (5) is amended by striking out "percentage requirements for eligibility under paragraphs (2) and (4) of this subsection" and by inserting in lieu thereof "requirements for eligibility under paragraphs (2) (B) and 4 (C) of this subsection". Method of determining local contribution rate (b) Subsection (d) of section 3, relating to the computation of the local contribution rate, is amended as follows: (1) The first sentence of subsection (d) is amended by striking out "and the local educational agency". (2) Clauses (1) and (2) of the first sentence of subsection (d) are amended to read: "(1) he shall place each school district within the State into a group of generally comparable school districts; and "(2) he shall then divide (A) the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which he is making the computation, which all of the local educational agencies within any such group of comparable school districts made from revenues derived from local sources, by (B) the aggregate number of children in average daily attendance to whom such agencies provided free public education during such second preceding fiscal year." (3) The third sentence of subsection (d) is amended by striking out "If, in the judgment of the Commissioner, the current expenditures in those school districts which he has selected under clause (1)" and substituting in lieu thereof "If, in the judgment of the Commissioner, the current expenditures in the school districts within the generally comparable group as determined under clause 80 STAT. 1211 (4) The next to the last sentence of subsection (d) is amended 72 Stat. 560, by inserting after "as the case may be," the following: "plus any direct current expenditures by the States for the operation of such agencies", and by inserting "either of" after "funds from which". Providing that children of servicemen shall be deemed to reside with a parent employed on Federal property (c) (1) The first sentence of subsection (b) of section 3 is amended 67 Stat. 530. by (A) inserting "(1)" before "resided on Federal property", (C) inserting before the period at the end thereof ", or (3) had a parent who was on active duty in the uniformed services (as 20 USC 238. defined in section 102 of the Career Compensation Act of 1949)". 63 Stat. 804; (2) The second sentence of subsection (b) is repealed. Children moving into an area as a result of an international boundary relocation (d) Such subsection (b) of section 3 is further amended by adding at the end thereof the following new sentence: "For the purpose of computing the amount to which a local educational agency is entitled under this section for the fiscal year ending June 30, 1967, the Commissioner shall also determine the number of children (other than children to whom subsection (a) or any other provision of this subsection applies) who were in average daily attendance at such schools and for whom such agency provided free public education, during such fiscal year, as a result of a change in residence from land transferred to Mexico as part of a relocation of an international boundary of the United States." Providing that all Federal payments will be deducted from gross entitlements on the same basis 76 Stat. 499. 70 Stat. 970. 64 Stat. 1102; (e) Subsection (e) of section 3 is amended to read as follows: "(e) In determining the total amount which a local educational 67 Stat. 530. agency is entitled to receive under this section (other than subsection (c) (4) thereof) for a fiscal year, the Commissioner shall deduct (1) such amount as he determines that agency derived from other Federal payments (as defined in section 2(b) (1)) but only to the extent such 20 USC 237. payments are not deducted under the last sentence of section 2(a), and only to the extent the payments are made with respect to property on which children, counted for purposes of this section, live or on which their parents work, and (2) such amount as he determines to be the value of transportation and of custodial and other maintenance services furnished such Agency by the Federal Government during such year. The Commissioner shall make no deduction under this subsection for any fiscal year in which the sum of the amounts determined under clauses (1) and (2) of the preceding sentence is less than $1,000." MAKING THE APPROPRIATION FOR ONE FISCAL YEAR AVAILABLE THROUGH SEC. 202. Section 5(b) of the Act of September 30, 1950, is amended 67 Stat. 534. by adding at the end thereof the following new sentence: "Sums 20 USC 240. appropriated pursuant to this title for any fiscal year shall remain 80 STAT. 1212 64 Stat. 1106. 20 USC 240. 20 USC 237-239. 67 Stat. 535. 20 USC 241. 64 Stat. 1107; available, for obligation and payments with respect to amounts due local educational agencies under this title for such year, until the close of the following fiscal year." STATE AID REDUCTIONS SEC. 203. Section 5 is amended by adding at the end thereof the following new subsection: "Adjustments for Reductions in State Aid "(d) The amount which a local educational agency in any State is otherwise entitled to receive under section 2, 3, or 4 for any fiscal year shall be reduced in the same proportion (if any) that the State has reduced for that year its aggregate expenditures (from non-Federal sources) per pupil for current expenditure purposes for free public education (as determined pursuant to regulations of the Commissioner) below the level of such expenditures per pupil in the second preceding fiscal year. The Commissioner may waive or reduce this reduction whenever in his judgment exceptional circumstances exist which would make its application inequitable and would defeat the purpose of this title." WHERE A LOCAL EDUCATIONAL AGENCY CANNOT OR WILL NOT EDUCATE SEC. 204. Section 6 of the Act of September 30, 1950, is amended by redesignating subsection (f) as subsection (g), and by inserting immediately after subsection (e) the following new subsection: "(f) If no tax revenues of a State or of any political subdivision of the State may be expended for the free public education of children who reside on any Federal property within the State, or if no tax revenues of a State are allocated for the free public education of such children, then the property on which such children reside shall not be considered Federal property for the purposes of sections 3 and 4 of this Act. If a local educational agency refuses for any other reason to provide in any fiscal year free public education for children who reside on Federal property which is within the school district of that agency or which, in the determination of the Commissioner, would be within that school district if it were not Federal property, there shall be deducted from any amount to which the local educational agency is otherwise entitled for that year under section 3 or 4 an amount equal to (1) the amount (if any) by which the cost to the Commissioner of providing free public education for that year for each such child exceeds the local contribution rate of that agency for that year, multiplied by (2) the number of such children." PROHIBITION AGAINST CERTAIN ASSIGNMENT OR TRANSPORTATION SEC. 205. Section 301 (a) of the Act of September 30, 1950 (Public Law 874; Eighty-first Congress) is amended by inserting the following at the end thereof before the period: ", or require the assignment or transportation of students or teachers in order to overcome racial imbalance". AMENDMENTS TO SECTION 303 80 STAT. 1213 SEC. 206. Section 303 of the Act of September 30, 1950, is amended 64 Stat. 1108; in the following respects: Extending to all property the provision which permits Federal property used for housing to be counted as Federal property for one year after transfer by the United States 79 Stat. 35. 20 USC 244. (a) Clause (B) of the next to last sentence of section 303 (1) is 70 Stat. 972. amended by striking out "housing". Repeal of exclusion of property used for provision of local benefits (b) The last sentence of section 303 (1) is amended by— (1) striking out "(A) any real property used by the United States primarily for the provision of services or benefits to the local area in which such property is situated,"; and (2) redesignating clauses (B), (C), and (D) as clauses (A), (B), and (C), respectively. Authorizing the Commissioner to establish a method of counting children for the purpose of determining average daily attendance 20 USC 238, (c) Subsection (10) of section 303 is amended to read as follows: (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 239. 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." PART B-AMENDMENTS TO PUBLIC LAW 815 EXTENDING TEMPORARY PROVISIONS FOR ONE YEAR SEC. 221. Section 3 of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), is amended by striking out "1966" and inserting in lieu thereof "1967". REDUCING PERCENTAGE INCREASE REQUIRED FOR ELIGIBILITY AND SEC. 222. (a) Section 5(c) of the Act of September 23, 1950, is amended by striking out "at least 5 per centum" and inserting in lieu thereof "at least 6 per centum". (b) Section 15 (6) of such Act is amended by striking out "base year" and inserting in lieu thereof "second year of the four year increase period". (c) Section 15 (15) of such Act is amended (1) by inserting "third or fourth" immediately before the phrase "regular school year" the first time that phrase occurs in the subsection, (2) by striking out 78 Stat. 1109. 20 USC 633. 72 Stat. 549. 20 USC 635. 20 USC 645. |