84 STAT. 124 81 Stat. 784. 20 USC 241c. 79 Stat. 30; 80 Stat. 1196. 20 USC 241e. Effective date. 79 Stat. 30; 81 Stat. 784. tion is made, then on the basis of the most recent reliable data available to him at the time of such determination". (b) Section 103 (e) of such title is amended by inserting the following after "during the second fiscal year preceding the fiscal year for which the computation is made": "(or, if satisfactory data for that year are not available at the time of computation, then during the earliest preceding fiscal year for which satisfactory data are available)". SALARY BONUSES FOR TEACHERS IN SCHOOLS WITH HIGH CONCENTRATIONS SEC. 108. Paragraph (1) of Section 105 (a) of the Elementary and Secondary Education Act of 1965 is amended by inserting "payments to teachers of amounts in excess of regular salary schedules as a bonus for service in schools eligible for assistance under this section," after "including the acquisition of equipment,". UNDS PROHIBITION AGAINST SUPPLANTING STATE AND LOCAL FUNDS WITH FEDERAL FUNDS SEC. 109. (a) Paragraph (3) of section 105 (a) of title I of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "(3) that (A) the local educational agency has provided satisfactory assurance that the control of funds provided under this title, and title to property derived therefrom, shall be in a public agency for the uses and purposes provided in this title, and that a public agency will administer such funds and property, (B) Federal funds made available under this title will be so used (i) as to supplement and, to the extent practical, increase the level of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the education of pupils participating in programs and projects assisted under this title, and (ii) in no case, as to supplant such funds from non-Federal sources, and (C) State and local funds will be used in the district of such agency to provide services in project areas which, taken as a whole, are at least comparable to services being provided in areas in such district which are not receiving funds under this title: Provided, That any finding of noncompliance with this clause shall not affect the payment of funds to any local educational agency until the fiscal year beginning July 1, 1972, and Provided further, That each local educational agency receiving funds under this title shall report on or before July 1, 1971, and on or before July 1 of each year thereafter with respect to its compliance with this clause;". (b) The amendment made by subsection (a) shall be effective with respect to all applications submitted to State educational agencies after thirty days after the date of enactment of this Act. Nothing in this section shall be construed to authorize the supplanting of State and local funds with Federal funds prior to the effective date of the amendment made by this section. APPLICATIONS TO BE MADE AVAILABLE TO PUBLIC SEC. 110. Section 105 (a) of title I of the Elementary and Secondary Education Act of 1965 is amended by redesignating paragraphs (8) through (11) as paragraphs (9) through (12), respectively, and by inserting after paragraph (7) the following new paragraph: "(8) that the local educational agency is making the application and all pertinent documents related thereto available to parents and other members of the general public and that all evaluations and reports required under paragraph (7) shall be public information;". AMENDMENTS WITH RESPECT TO APPLICATIONS AND ASSURANCES SEC. 111. (a) The parenthetical phrase in clause (A) of section 106 (a) (3) of title I of the Elementary and Secondary Education Act of 1965 is amended by inserting "and of research and replication studies" immediately before the closing parenthesis. (b) Section 105 (a) (7) of such title is amended by inserting "(which in the case of reports relating to performance is in accordance with specific performance criteria related to program objectives)" after "such information". 79 Stat. 31; 81 Stat. 787. 20 USC 241f. 79 Stat. 31; 80 Stat. 1196. 20 USC 241e. NATIONAL ADVISORY COUNCIL SEC. 112. Section 134 of title I of the Elementary and Secondary Education Act of 1965 is amended to read as follows: "NATIONAL ADVISORY COUNCIL "SEC. 134. (a) There shall be a National Advisory Council on the Education of Disadvantaged Children (hereinafter in this section referred to as the 'National Council') consisting of fifteen members appointed by the President, without regard to the provisions of title 5, United States Code, governing appointment in the competitive service, for terms of three years, except that (1) in the case of initial members, five shall be appointed for terms of one year each and five shall be appointed for terms of two years each, and (2) appointments to fill vacancies shall be only for such terms as remain unexpired. The National Council shall meet at the call of the Chairman. "(b) The National Council shall review and evaluate the administration and operation of this title, including its effectiveness in improving the educational attainment of educationally deprived children, including the effectiveness of programs to meet their occupational and career needs, and make recommendations for the improvement of this title and its administration and operation. These recommendations shall take into consideration experience gained under this and other Federal educational programs for disadvantaged children and, to the extent appropriate, experience gained under other public and private educational programs for disadvantaged children. "(c) The National Council shall make such reports of its activities, findings, and recommendations (including recommendations for changes in the provisions of this title) as it may deem appropriate and shall make an annual report to the President and the Congress not later than March 31 of each calendar year. Such annual report shall include a report specifically on which of the various compensatory education programs funded in whole or in part under the provisions of this title, and of other public and private educational programs for educationally deprived children, hold the highest promise for raising the educational attainment of these educationally deprived children. The President is requested to transmit to the Congress such comments and recommendations as he may have with respect to such report." 79 Stat. 34. 20 USC 2411. 80 Stat. 378. 5 USC 101 et seq. Review and evaluation. Annual report to President and Congress. 84 STAT. 126 80 Stat. 1194; 81 Stat. 785. 20 USC 241c. 79 Stat. 27; 81 Stat. 786. 20 USC 241a, 241c. 20 USC 241e241m, 24la note. 81 Stat. 786. 20 USC 241h-1. 20 USC 241c. INCREASE IN LOW-INCOME FACTOR AND SPECIAL GRANTS FOR URBAN AND SEC. 113. (a) The second sentence of subsection (c) of section 103 of title I of the Elementary and Secondary Education Act of 1965 is amended by striking out all after "1968," and inserting in lieu thereof the following: "and for the four succeeding fiscal years they shall be 50 per centum and $3,000, respectively, and for the fiscal year ending June 30, 1973 they shall be 50 per centum and $4,000, respectively.". (b) (1) Title I of such Act is further amended by striking out "PART A-BASIC GRANTS" where it appears before section 101 and inserting "PART A-BASIC GRANTS" before section 103. (2) Section 101 of such title I is amended by striking out "this part" and inserting in lieu thereof "the following parts of this title". (3) Sections 102, 105, 106, 107, and 108 of such title I are each amended by striking out "this part" and inserting in lieu thereof "this title". (4) Sections 105, 106, 107, 108, 131, 132, 133, 134, 135, and 136 of such title I, and all references thereto, are redesignated as sections 141, 142, 143, 144, 145, 146, 147, 148, 149, and 150, respectively. (5) Such title I is further amended by striking out the heading of part C and by inserting before the caption heading of section 141 the following: "PART D-GENERAL PROVISIONS". (6) Such title I is further amended by striking out all of part B thereof and inserting after section 103 the following: "PART B-SPECIAL INCENTIVE GRANTS "MAXIMUM ENTITLEMENT "SEC. 121. (a) In the case of any fiscal year ending after June 30, 1969, each State shall be entitled to a special incentive grant if such State has an effort index for the second preceding fiscal year that exceeds the national effort index for such year. "(b) The maximum amount of a special incentive grant for which a State is eligible for any fiscal year shall be determined by multiplying the amount of $1 for each 0.01 per centum by which the effort index of that State for the second preceding fiscal year exceeds the national effort index for such year times the aggregate number of children counted for the purposes of entitled local educational agencies within such State to basic grants in accordance with clauses (2), (5), (6), and (7) of section 103 (a), except that no State shall be eligible to receive a special incentive grant under this part in an amount in excess of 15 per centum of the total amount available for grants under this part. "APPLICATION; USE OF FUNDS "SEC. 122. Any State desiring the special incentive grant to which it is entitled under this part for any fiscal year shall make application therefor, in accordance with the requirements set forth in section 142, to the Commissioner. Such application shall be submitted at such time and contain such information as the Commissioner shall require by regulation and shall contain a statement of such policies and procedures as will insure that funds granted to the State under this part will be (1) made available to local educational agencies within that State which have the greatest need for assistance under this title, and (2) used, in accordance with the applicable provisions of this title, for programs and projects designed to meet the special educational needs of educationally deprived children. "DEFINITIONS "SEC. 123. For the purpose of this part the term 'effort index' when applied to States, means the per centum expressing the ratio of expenditures from all non-Federal sources in a State for public elementary and secondary education to the total personal income in such State, and the term 'national effort index' means the per centum expressing the ratio of such expenditures in all States to the total personal income in all States; and the term 'State' means the fifty States and the District of Columbia. "PART C-SPECIAL GRANTS FOR URBAN AND RURAL SCHOOLS SERVING AREAS WITH THE HIGHEST CONCENTRATIONS OF CHILDREN FROM LOW-INCOME FAMILIES "ELIGIBILITY AND MAXIMUM AMOUNT OF GRANT "SEC. 131. (a) (1) Each local educational agency which is eligible for a grant under paragraph (2) of section 103 (a) shall be entitled to an additional grant under this paragraph for any fiscal year if— "(A) the total number of children described in clause (A), (B), or (C) of section 103 (a) (2) in the school district of such agency for such year amounts to at least 20 per centum of the total number of children, aged five to seventeen inclusive, in the school district of such agency for such year; or "(B) the total number of children described in clause (A), (B), or (C) of section 103 (a) (2) in the school district is at least 5,000 and amounts to at least 5 per centum of the total number of children, aged five to seventeen, inclusive, in such school district. "(2) Each local educational agency which is eligible for a grant under paragraph (2) of section 103 (a) and which (A) is not eligible for a grant under paragraph (1) of this subsection, but (B) would be eligible for a grant under such paragraph (1) if there were in the school district of such agency a relatively small increase in the number of children, aged five to seventeen, inclusive, described in clause (A), (B), or (C) of section 103 (a) (2) shall be entitled to a grant under this paragraph (2) if the State educational agency of the State in which such agency is located determines (in accordance with criteria established by regulation of the Commissioner) that such agency has an urgent need for financial assistance to meet the special educational needs of the educationally deprived children in the school district of such agency. "(b)(1) The maximum amount of any grant to any local educational agency under paragraph (1) of subsection (a) shall be "(A) for the fiscal year ending June 30, 1970, 30 per centum of the amount that such agency is eligible to receive for such fiscal year under paragraph (2) of section 103(a); and "(B) for any succeeding fiscal year, 40 per centum of the amount that such agency is eligible to receive for each such succeeding fiscal year. The aggregate of the amounts for which all local educational agencies are eligible under this paragraph for any fiscal year shall not exceed the amount determined in the following manner: "(i) compute the total amount for which all State and local educational agencies are eligible under this title for that fiscal year; "(ii) subtract from such total, a sum equal to the figure set forth in paragraph (3) of section 144; and 84 STAT. 127 "Effort index." "National effort index." "State." 79 Stat. 28; 81 Stat. 787. 20 USC 241c. 79 Stat. 28; 80 Stat. 1193; 81 Stat. 787. 81 Stat. 785; Ante, p. 126. 20 USC 241h. 84 STAT. 128 "State." 79 Stat. 28; Ante, p. 122. Ante, p. 126. 20 USC 241e. "(iii) if that portion of such total which is attributable to amounts for which local educational agencies are eligible under this paragraph constitutes more than 15 per centum of the remainder of such total, reduce such portion until it constitutes 15 per centum of such remainder, through ratable reductions of the maximum grants for which local educational agencies are eligible under this paragraph. "(2) The maximum amount of any grant to any local educational agency under paragraph (2) of subsection (a) shall not exceed the maximum amount to which it would have been entitled if it had been eligible under paragraph (1) of such subsection. The maximum amount which shall be available to the Commissioner for grants under such paragraph (2) of subsection (a) shall be, for the fiscal year ending June 30, 1970, equal to 3 per centum of the total amount available for grants for such fiscal year under paragraph (1) of subsection (a) and, for any succeeding fiscal year, such amount shall be equal to 5 per centum of the total amount available for grants for that year under such paragraph (1). "(c) For the purposes of this section the term 'State' means the fifty States and the District of Columbia. "(d) (1) In making determinations under this section the Commissioner is authorized, in accordance with regulations prescribed by him, to use the most recent satisfactory data made available to him by the appropriate State educational agency. If satisfactory data for determining the number of children described in clause (A), (B) or (C) of section 103(a)(2) in a school district for the purpose of subsection (a) are not otherwise available to the Commissioner, such determination may be made on the basis of data furnished to him by a State educational agency with respect to the amount of the maximum grant under part A of this title allocated by such State agency to the local educational agency for such district in the State for the purpose of the second sentence of section 103 (a) (2), for the fiscal year preceding the fiscal year for which such determination is made. "(2) Determinations under this section may be made on the basis of data furnished in accordance with section 103 (d). "USES OF FUNDS "SEC. 132. (a) Funds available for grants under this part shall be used solely for programs and projects designed to meet the special educational needs of educationally deprived children in preschool programs and in elementary schools serving areas with the highest concentrations of children from low-income families, except that such funds may be used for programs and projects for such children in secondary schools serving areas with the highest concentrations of children from low-income families if the local educational agency and its State educational agency determine (in accordance with criteria established by regulation of the Commissioner) that "(A) there is an urgent need for such programs and projects for such children in secondary schools in the area to be served by the local educational agency; and "(B) there is satisfactory assurance that such programs and projects will be at least as effective in achieving the purposes of this title as the use of such funds for programs and projects for such children in elementary schools in such area. "(b) In addition to meeting the requirements and conditions set forth in part D, applications for grants under this part shall meet such other requirements and conditions, consistent with the purposes of this title, as the Commissioner shall establish by regulation.". (7) Section 141 (a) of such title is amended by striking out "and" |