Public Law 90-171 An Act To facilitate exchanges of land under the Act of March 20, 1922 (42 Stat. 465), for use for public schools, and for other purposes. 81 STAT, 531 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That whenever an Publio schools. exchange of land is proposed by a public school district or other public Land exchanges school authority under the Act of March 20, 1922 (42 Stat. 465), as in national foramended (16 U.S.C. 485, 486), or other authority under which the ests. Secretary of Agriculture is authorized to exchange national forest 43 Stat. 1090. lands or other lands administered by the Forest Service, if the public school authority proposing the exchange has insufficient land to offer, the exchange may be completed upon deposit with the Secretary of Agriculture of a portion or all of the value of the selected land. Any amount so deposited shall be covered into a special fund in the Treasury which when appropriated shall be available until expended by the Secretary of Agriculture for the acquisition of lands in the same State as the selected lands and which are determined by him to be suitable for the same purposes as the selected lands. Lands so acquired shall have the same status and shall be subject to the same laws, regulations, and rules as the selected lands. The provisions of this Act shall not be applicable to the conveyance Limitation. in exchange of more than eighty acres to any one public school district or other public school authority. Approved December 4, 1967. LEGISLATIVE HISTORY: HOUSE REPORT No. 716 (Comm. on Agriculture). Oot. 20,23: Considered and passed House. 90th Congress, H. R. 7819 An Act To strengthen, improve, and extend programs of assistance for elementary and secondary education, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Elementary and Secondary Education Amendments of 1967". ADMINISTRATION SEC. 2. Rules, regulations, guidelines, or other published interpretations or orders issued by the Department of Health, Education, and Welfare or the United States Office of Education, or by any official of such agencies, in connection with, or affecting, the administration of programs authorized by this Act or by any Act amended by this Act shall contain immediately following each substantive provision of such rules, regulations, guidelines, interpretations, or orders, citations to the particular section or sections of statutory law or other legal authority upon which such provision is based. All such rules, regulations, guidelines, interpretations, or orders shall be uniformly applied and enforced throughout the fifty States. TITLE I-AMENDMENTS TO THE ELEMENTARY AND PART A-AMENDMENTS TO TITLE I OF ELEMENTARY AND SECONDARY PROVISIONS RELATING TO SCHOOLS FOR INDIAN CHILDREN SEC. 101. The third sentence of section 203 (a) (1) (A) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "June 30, 1967," and inserting in lieu thereof "June 30, 1968, and the fiscal year ending June 30, 1969,". RAISING THE DOLLAR LIMITATION FOR STATE ADMINISTRATIVE EXPENSES SEC. 102. Effective for fiscal years beginning after June 30, 1967, section 207 (b) (2) of the Act of September 30, 1950 (Public Law 874, 81 STAT. 783 Elementary and cation Amend- 80 Stat. 1191. 20 USC 241c. Eighty-first Congress), is amended by striking out "$75,000" and in- 79 Stat. 1162. serting in lieu thereof "$150,000”. TECHNICAL CORRECTIONS WITH RESPECT TO PAYMENTS ON ACCOUNT OF NEGLECTED OR DELINQUENT CHILDREN SEC. 103. (a) The first sentence of section 203(a)(2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by inserting "(other than such institutions operated by the United States)" immediately after "living in institutions for neglected or delinquent children", and by striking out "paragraph (5)” and inserting in lieu thereof "paragraph (7)". (b) Section 205 (c) (1) (C) of such Act is amended by striking out "(8)" and inserting in lieu thereof “(11)". (c) Section 206(a)(3) and section 207(b) of such Act are each amended by striking out "section 205 (a) (5)" and inserting in lieu thereof "section 205 (a) (6)". 20 USC 241g. 79 Stat. 281 80 Stat. 1193. 80 Stat. 1192. 20 USC 24le. 79 Stat. 31, 1162. 20 USC 241f, 2418. 81 STAT. 784 80 Stat. 1192. 20 USC 2410. 80 Stat. 1194. 79 Stat. 28. "Average per pupil expenditure." 80 Stat. 1198. 20 USC 244. 80 Stat. 1195. 79 Stat. 30: 80 Stat. 1196. 20 USC 24le. CONFORMING AMENDMENTS TO MAKE STATE OR NATIONAL AVERAGE PER SEC. 104. (a) (1) The second sentence of section 203(a)(6) of the Act of September 30, 1950, is amended by striking out "average per pupil expenditure in the United States" and inserting in lieu thereof the following: "average per pupil expenditure in that State or, if greater, in the United States". (2) The first sentence of section 203(a) (7) of such Act is amended by inserting after "average per pupil expenditure in that State" the following: "or, if greater, in the United States". (b) (1) Section 203(a) (2) of such Act is amended by striking out the last sentence thereof. (2) Section 203(a)(6) of such Act is amended by striking out the last sentence thereof. (3) Section 203 of such Act is amended by adding at the end thereof the following subsection: "(e) For purposes of this section, the 'average per pupil expenditure' in a State, or in the United States, 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 as defined in section 303 (6) (A) in the State, or in the United States (which for the purposes of this subsection means the fifty States and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the sources of funds from which either of 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." (4) The first sentence of section 203 (a) (2) and the first sentence of section 203 (a) (5) are each amended by striking out the matter in the parentheses immediately after "United States". (c) The amendments made by this section shall apply with respect to fiscal years ending on or after June 30, 1969. USE OF RECENT CASELOAD DATA SEC. 105. The third sentence of section 203 (d) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "latest calendar or fiscal year data, whichever is later" and inserting in lieu thereof "caseload data for the month of January of the preceding fiscal year". JOINT TRAINING PROGRAMS FOR EDUCATION AIDES AND PROFESSIONAL STAFF SEC. 106. Section 205 (a) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by inserting a semicolon at the end of paragraph (9), by striking out the period at the end of paragraph (10) and inserting in lieu thereof a semicolon and the word "and", and by adding at the end thereof the following new paragraph: "(11) in the case of projects involving the use of education aides, the local educational agency sets forth well-developed plans providing for coordinated programs of training in which education aides and the professional staff whom they are assisting will participate together.” ADJUSTMENTS WHEN NECESSITATED BY APPROPRIATIONS 81 STAT. 785 SEC. 107. (a) The second sentence of section 203 (c) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended to read as follows: "Except as otherwise provided in section 208, for the fiscal years ending June 30, 1968, June 30, 1969, and June 30, 1970, they shall be 50 per centum and $3,000, respectively." (b) Section 208 of such Act is amended to read as follows: “ADJUSTMENTS WHERE NECESSITATED BY APPROPRIATIONS "SEC. 208. If the sums appropriated for any fiscal year for making the payments provided in this part are not sufficient to pay in full the total amounts which all local and State educational agencies are eligible to receive under this part for such year "(1) the amount available for each grant to a State agency eligible for a grant under paragraph (5), (6), or (7) of section 203 (a) shall be equal to the maximum grant as computed under such paragraph; "(2) allocations shall be made to local educational agencies on the basis of computations, in accordance with section 203 (a) (2) as reduced ratably, except that "(A) until appropriations are sufficient to satisfy all maximum grants as computed by using a low-income factor of $2,000, the low-income factor (referred to in section 203 (c)) for such year shall be $2,000; and "(B) the aggregate amount available for grants to local educational agencies within each State shall be not less than the aggregate amount allocated to local educational agencies within such State for the fiscal year ending June 30, 1967, until the total appropriations for that fiscal year exceed $1,500,000,000 for part A of title I; "(3) the amount available for payments to each State educational agency for the purposes of section 207 (b) shall be equal to 1 per centum of the aggregate amounts available within that State pursuant to paragraphs (1) and (2), except that no State shall receive less than the minimum amount provided for in section 207 (b) (2). In case additional funds become available for making payments under this part for that year, such reduced amounts shall be increased on the same basis that they were reduced. In order to permit the most effective use of all appropriations made to carry out this part, the Commissioner may set dates by which (1) State educational agencies must certify to him the amounts for which the applications of educational agencies have been or will be approved by the State, and (2) State educational agencies referred to in section 203 (a) (6) must file applications. If the maximum grant a local educational agency or an agency referred to in section 203 (a) (6) would receive (after any ratable reduction which may have been required under the first sentence of this section) is more than an amount which the State educational agency determines, in accordance with regulations prescribed by the Commissioner, such agency will use, the excess amount shall be made available first to educational agencies in that State. Determinations of the educational agencies to which such excess amounts shall be made available shall be made by the State educational agency in furtherance of the purposes of this part, in accordance with criteria prescribed by the Commissioner which are designed to assure that such excess amounts will be made available to other eligible educational agencies with the 80 Stat. 1194. 20 USC 2410. 79 Stat. 33; 80 Stat. 1197. 20 USC 241h. 79 Stat. 1161; 20 USC 241c. 79 Stat. 1162; 80 Stat. 1197. 20 USC 241g. Ante, p. 783. 81 STAT 786 79 Stat. 28; 80 Stat. 1193, 1194. 20 USC 2410. 79 Stat. 27; 80 Stat. 1195, 1198. 20 USC 241a24lm. Post, p. 787. 79 Stat. 28, 79 Stat. 30; 20 USC 24le. "State effort index." greatest need, for the purpose of, where appropriate, redressing inequities inherent in, or mitigating hardships caused by, the application of the provisions of paragraph (2) of section 203(a) as a result of such factors as population shifts and changing economic circumstances. In the event excess amounts remain after carrying out the preceding two sentences of this section, such excess amounts shall be distributed among the other States as the Commissioner shall prescribe for use by local educational agencies in such States for the purposes of this part in such manner as the respective State educational agencies shall prescribe." SPECIAL INCENTIVE GRANTS SEC. 108. (a) Title II of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is further amended by (1) inserting "PART A-BASIC GRANTS" immediately after the heading of such title; (2) striking out "this title" wherever it appears in sections 201 through 208 and inserting in lieu thereof "this part”; (3) inserting "PART C-GENERAL PROVISIONS" immediately before the section heading of section 209; (4) redesignating sections 209 through 214 and references thereto as sections 231 through 236; and (5) inserting after section 208 thereof the following new part: "PART B-INCENTIVE GRANTS "SPECIAL INCENTIVE GRANTS "SEC. 221. (a) A special incentive grant shall be made for any fiscal year beginning after June 30, 1968, to the State educational agency of each State which has an effort index for the preceding fiscal year that exceeds the national effort index for such year. The amount of such special incentive grant shall be determined by multiplying the amount of $1 for each 0.01 per centum by which such State's effort index for such year exceeds the national effort index for such year times the aggregate number of children counted for purposes of entitling local educational agencies within such State to basic grants in accordance with clauses (2), (5), (6), and (7) of section 203 (a) of this Act. If the sum of the amounts so determined for all the States exceeds the amount appropriated pursuant to this part for any fiscal year, such amounts shall be ratably reduced. No State agency shall receive in any year a grant pursuant to this section which is in excess of 15 per centum of the total amount appropriated for such year for the purpose of this section. The State educational agency shall distribute such grant to those local educational agencies in such State which are in the greatest need of additional funds, for the purposes set forth in section 205 (a), and amounts so distributed shall be used by such agencies in accordance with the provisions governing the use of grants to such agencies under this title. "(b) Grants pursuant to this section shall be made upon application containing such information as the Commissioner may require for the purpose of this section. The Commissioner shall not finally disapprove such an application except after reasonable notice and opportunity for a hearing to the State educational agency. "(c) For the purpose of this section the term 'State effort index' means the per centum expressing the ratio of expenditures from all non-Federal sources in a State for public elementary and secondary |