81 STAT. 89 Records. which policies and procedures shall ensure that such funds will be allocated to local educational agencies having the most urgent need for teachers and teacher aides; "(5) provides that training under a program described in paragraph (2) (A) will be provided only to persons who will, upon completion of their short-term training, have the qualifications for teaching in elementary or secondary schools in the community, and that training under a program described in paragraph (2) (B) will be provided only to persons who show promise of being able with appropriate training to serve competently as a teacher aide; "(6) provides assurances that not more than one-third of the sums expended under this Act will be used to support programs described in paragraph (2) (B); "(7) provides assurance that no person will be denied admission to training programs carried on under this subpart because he is preparing to teach or serve as a teacher aide în a private school; "(8) sets forth policies and procedures designed to assure that Federal funds made available under this subpart for any fiscal year will be so used as to supplement, and not supplant, funds which are available from State or local sources for purposes for which grants may be made under this subpart; "(9) sets forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State (including any such funds paid by the State to any other public agency under this subpart; and "(10) provides for making such reports, in such form and containing such information, as the Commissioner may reasonably require to carry out his functions under this subpart, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. "(b) The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsection (a). "PAYMENTS TO STATES "SEC. 520A. From the amounts allotted to each State under section 519 the Commissioner shall pay to that State an amount equal to the amount expended by the State in carrying out its State plan. Such payments may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. "ADMINISTRATION OF STATE PLANS "SEC. 520B. (a) The Commissioner shall not finally disapprove any State plan submitted under this subpart or any modification thereof, without first affording the State educational agency reasonable notice and opportunity for a hearing. "(b) Whenever the Commissioner, after reasonable notice and opportunity for hearing to such State agency, finds— "(1) that the State plan has been so changed that it no longer complies with the provisions of section 520 (a), or "(2) that in the administration of the plan there is a failure to comply substantially with any such provisions, the Commissioner shall notify such State agency that the State will not be regarded as eligible to participate in the program under this subpart until he is satisfied that there is no longer any such failure to comply. "JUDICIAL REVIEW "SEC. 520C. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under section 520 (a) or with his final action under section 520B (b), such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. 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. "(b) The findings of fact by the Commissioner, 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 modifiied findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(c) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code." EXTENDING TEACHER FELLOWSHIP PROGRAM TO INCLUDE GRADUATE EDUCA- SEC. 5. (a) The heading of part C of title V of the Higher Education 81 STAT. 90 72 Stat. 941. 62 Stat. 928. 79 Stat. 1258. 20 USC 1111 (b) (1) The first sentence of section 521 of the Higher Education 1118. Act of 1965 is amended (A) by striking out "elementary and secondary schools" and inserting in lieu thereof "schools", and (B) by inserting "or postsecondary vocational education" after "career in elementary or secondary education". (2) The second sentence of such section is amended by striking out "teacher education programs" and inserting in lieu thereof "programs for the education of teachers and related educational personnel". (3) (A) So much of the third sentence of such section as precedes Definitions. the first comma therein is amended to read as follows: "For the purposes of this part the term 'elementary and secondary education' includes preschool and adult and vocational education, and the term 'career in elementary and secondary education or postsecondary vocational education' means a career of teaching in elementary or secondary schools (including teaching in preschool and adult and vocational education programs) or in postsecondary vocational schools"; (B) the words "elementary or secondary schools", the second time these words occur in such third sentence, are changed to read "such schools"; and (C) the following is inserted in such sentence before the comma after "educational media": "(including educational and instructional television and radio), child development". 81 STAT 91 79 Stat. 1258. 20 USC 1112. 20 USC 1113. 20 USC 1114. Repeal. 20 USC 1115. Appropriation. 20 USC 1118. 20 USC 10911118. Ante, p. 84. (c) Section 522 of such Act is amended to read as follows: "FELLOWSHIPS AUTHORIZED "SEC. 522. The Commissioner is authorized to award fellowships in accordance with the provisions of this part for graduate study leading to an advanced degree for persons who are pursuing or plan to pursue a career in elementary and secondary education or postsecondary vocational education." 99 (d)(1) Paragraph (1) of section 523 of such Act is amended by striking out "Advisory Council on Quality Teacher Preparation" and inserting in lieu thereof "National Advisory Council on Education Professions Development". (2) Paragraph (2) of such section is amended by inserting "or postsecondary vocational schools" after "elementary or secondary schools"; inserting "or postsecondary vocational education" after "elementary or secondary education"; and amending the term "career in elementary and secondary education", each time such term occurs, to read "career in elementary and secondary education or postsecondary vocational education". (e) (1) Section 524 (b) of such Act is amended to read as follows: (b) For the purpose of obtaining an appropriate geographical distribution of high-quality programs for the training of personnel for elementary or secondary education, the Commissioner is authorized to make grants to and contracts with institutions of higher education to pay part of the cost of developing or strengthening graduate programs which meet or, as a result of assistance received under this subsection will be enabled to meet, the requirements of subsection (a)." (2) Subsection (c) of section 524 is repealed. (f) Subsection (b) of section 525 is amended to read as follows: "(b) The Commissioner shall (in addition to the stipends paid to persons under subsection (a)) pay to the institution of higher education at which such person is pursuing his course of study such amount as the Commissioner may determine to be appropriate, not to exceed the equivalent of $2,500 per academic year, but any amount charged such person for tuition and nonrefundable fees and deposits shall be deducted from the amount payable to the institution of higher education under this subsection." (g) Section 528 of such Act is amended by inserting after "June 30, 1968," the following: "$195,000,000 for the fiscal year ending June 30, 1969, and $240,000,000 for the fiscal year ending June 30, 1970,". NEW PARTS ADDED TO TITLE V OF HIGHER EDUCATION ACT OF 1965 SEC. 6. Title V of the Higher Education Act of 1965 is further amended by adding the following new parts at the end thereof: "PART D-IMPROVING TRAINING OPPORTUNITIES FOR PERSONNEL SERVING IN PROGRAMS OF EDUCATION OTHER THAN HIGHER EDUCATION "ADVANCED TRAINING AND RETRAINING "SEC. 531. (a) The Commissioner is authorized to make grants to, or contracts with, institutions of higher education and State educational agencies, and to make grants to, or contracts with, local educational agencies if, after consultation with the State educational agency, such State agency is satisfied that the program or project will be coordinated with programs carried on under part B, for carrying out programs or projects to improve the qualifications of persons who are serving or preparing to serve in educational programs in elementary and secondary schools (including preschool and adult and vocational education programs) or postsecondary vocational schools or to supervise or train persons so serving. (b) Programs or projects under this section may include, among others "(1) programs or projects to train or retrain teachers, or supervisors or trainers of teachers, in any subject generally taught in the schools; "(2) programs or projects to train or retrain other educational personnel in such fields as guidance and counseling (including occupational counseling), school social work, child psychology, remedial speech and reading, child development, and educational media (including educational or instructional television or radio); "(3) programs or projects to train teacher aides and other nonprofessional educational personnel; "(4) programs or projects to provide training and preparation for persons participating in educational programs for children of preschool age; "(5) programs or projects to prepare teachers and other educational personnel to meet the special needs of the socially, culturally, and economically disadvantaged; "(6) programs or projects to prepare teachers and other educational personnel to meet the special needs of exceptionally gifted students; "(7) programs or projects to train or retrain persons engaging in programs of special education for the handicapped; "(8) programs or projects to provide inservice and other training and preparation for school administrators; "(9) programs or projects to prepare artists, craftsmen, scientists, artisans, or persons from other professions or vocations, or homemakers to teach or otherwise assist in programs or projects of education on a long-term, short-term, or part-time basis. "(c) Grants or contracts under this section may provide for use of funds received thereunder only to pay the cost of— 1) short-term or regular-session institutes; or "(2) other preservice and inservice training programs or projects designed to improve the qualifications of persons entering and reentering the field of elementary and secondary education or postsecondary vocational education, except that funds may not be used for seminars, symposia, workshops or conferences unless these are part of a continuing program of inservice or preservice training. "(d) The Commissioner may include in the terms of any grant or contract under this section provisions authorizing the payment, to persons participating in training programs supported under this section, of such stipends (including allowances for subsistence and other expenses for such persons and their dependents) as he may determine, which shall be consistent with prevailing practices under comparable federally supported programs. "APPROPRIATIONS AUTHORIZED "SEC. 532. There is authorized to be appropriated to carry out this part the sum of $70,000,000 for the fiscal year ending June 30, 1969, and the sum of $90,000,000 for the fiscal year ending June 30, 1970. 81 STAT. 92 81 STAT. 93 72 Stat. 1590. 20 USC 461-465. 79 Stat. 1255. 20 USC 1092. Ante, p. 82. "PART E-TRAINING PROGRAMS FOR HIGHER EDUCATION PERSONNEL "PROGRAMS AND PROJECTS "SEC. 541. (a) The Commissioner is authorized to make grants to, or contracts with, institutions of higher education to assist them in training persons who are serving or preparing to serve as teachers, administrators, or educational specialists in institutions of higher education. "(b) Grants or contracts under this section may provide for use of funds received thereunder only to assist in covering the cost of courses of training or study (including short-term or regular-session institutes and other preservice and inservice training programs) for such persons, and for establishing and maintaining fellowships or traineeships, except that funds may not be used for fellowships which are eligible for support under title IV of the National Defense Education Act of 1958, or for seminars, conferences, symposia, and workshops unless these are part of a continuing program of inservice or preservice training. "(c) The Commissioner may make a grant to or enter into a contract with an institution of higher education only upon application by the institution and only upon his finding that such program will substantially improve educational opportunities throughout the Nation for training for persons who have or are preparing to undertake teaching or administrative responsibilities in institutions of higher education or the responsibilities of an educational specialist in such institution. "STIPENDS "SEC. 542. The Commissioner may include in the terms of any arrangement with an institution of higher education under this part provisions authorizing the payment, to persons participating in training programs supported under this part, of such stipends (including allowances for subsistence and other expenses for such persons and their dependents) as he may determine, which shall be consistent with prevailing practices under comparable federally supported programs. "APPROPRIATIONS AUTHORIZED "SEC. 543. There is authorized to be appropriated to carry out this part the sum of $21,500,000 for the fiscal year ending June 30, 1969, and the sum of $36,000,000 for the fiscal year ending June 30, 1970." LIMITATION SEC. 7. The Higher Education Act of 1965 is further amended by inserting before the period at the end of section 508 (as redesignated by section 2(b) of this Act) the following words: "or training for a religious vocation or to teach theological subjects". SHORT TITLE OF TITLE V OF HIGHER EDUCATION ACT OF 1963 SEC. 8. Title V of the Higher Education Act of 1965, as amended by this Act, is further amended by adding at the end of part A thereof the following new section: "SHORT TITLE "SEC. 509. This title may be cited as the 'Education Professions Development Act'." |