19

1 Act are used in accordance with its provisions, each State

2 shall

(1) use such fiscal and accounting procedures as may be necessary to assure (A) proper accounting for

payments received by it, and (B) proper disbursement of such amounts;

(2) provide to the Secretary, on reasonable notice, access to, and the right to examine any books, documents, papers, or records as he may reasonably require; and

(3) make such reports to the Secretary as he may reasonably require.

INTERSTATE AGREEMENTS

SEC. 19. In the event that cooperation or agreements

between States is necessary in order to realize the full bene

fit of provisions of this Act, the consent of Congress is

hereby given to such States to enter into such agreements.

DEFINITIONS

SEC. 20. For purposes of this Act

(1) The term "adult education" means services or instruction below the college level for individuals (A) who

have attained the age of 16, (B) who do not have a certifi

cate of graduation from a school providing secondary educa

tion and who have not achieved an equivalent level of educa

20

1 tion, (C) who are not currently required to be enrolled in 2 schools.

3 (2) The term "average per pupil expenditure in the 4 United States" means the aggregate current expenditures of 5 all local educational agencies in the United States for any 6 fiscal year, plus any direct current expenditures by the States 7 in which such agencies are located for the operation of such 8 agencies during such year (without regard to the sources of 9 funds from which either of such expenditures is made), di10 vided by the aggregate number of children in average daily 11 attendance to whom such agencies provided public education 12 during such year.

13 (3) The term "construction" means the erection, ac14 quisition, alteration, remodeling, or improvement of facil15 ities, including the acquisition of land necessary therefor, and 16 the cost of construction includes the cost of architect's fees. (4) The term "current expenditures" means expendi

17

18 tures for public education, but not including expenditures 19 for community services, capital outlay, and debt services, 20 or any expenditures made from funds allotted under this Act. (5) The term "elementary school" means a day or 22 residential school which provides elementary education, as 23 determined under State law.

21

24 (6) The term "Federal property" means real property 25 which is owned by the United States or is leased by the

8

21

1 United States, and which is not subject to taxation by any 2 State or any political subdivision of a State or by the District 3 of Columbia. Such term includes (A) real property held in 4 trust by the United States for individual Indians or Indian 5 tribes, and real property held by individual Indians or tribes 6 which is subject to restrictions on alienation imposed by the 7 United States, (B) for one year beyond the end of the fiscal year in which occurred the sale or transfer thereof by the 9 United States, any property considered prior to such sale or 10 transfer to be Federal property for the purposes of this Act, 11 and (C) any school which is providing flight training to 12 members of the Air Force under contractual arrangements 13 with the Department of the Air Force at an airport which is 14 owned by a State or political subdivision of a State. Such term also includes any interest in Federal property (as de16 fined in the foregoing provisions of this paragraph) under an 17 easement, lease, license, permit, or other arrangement, as 18 well as any improvements of any nature (other than pipe19 lines or utility lines) on such property even though such 20 interests or improvements are subject to taxation by a State or political subdivision of a State or by the District of Colum22 bia. Notwithstanding the foregoing provisions of this para

21

222 223

23

graph, such term does not include (D) any real property 24 used for a labor supply center, labor home, or labor camp for

25 migratory farmworkers, (E) any real property under the

22

1 jurisdiction of the Post Office Department and used primarily 2 for the provision of postal services, or (F) any low-rent 3 housing project held under title II of the National Industrial 4 Recovery Act, the Emergency Relief Appropriation Act of 5 1935, the United States Housing Act of 1937, the Act of 6 June 28, 1940 (Public Law 871 of the Seventy-sixth Con7 gress), or any law amendatory of or supplementary to any 8 of such Acts.

9 (7) The term "handicapped children" means mentally 10 retarded, hard of hearing, deaf, speech impaired, visually 11 handicapped, seriously emotionally disturbed, crippled, or 12 other health impaired children who by reason thereof re13 quire special educational services.

14 (8) The term "local educational agency" means a pub15 lic board of education or other public authority legally con16 stituted within a State for either administrative control or 17 direction of, or to perform a service function for, public

18

19

elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or 20 such combination of school districts or counties as are recog

222

23

nized in a State as an administrative agency for its public

elementary or secondary schools. Such term also includes

any other public institution or agency having administra

24 tive control and direction of a public elementary or sec

25

ondary school.

23

1 (9) The term "low-income families" shall be defined by 2 the Secretary in accordance with such criteria as he may 3 prescribe, which criteria shall take into account migratory 4 children of migratory agricultural workers, neglected or de5 linquent children, and such matters as family size and urban6 rural differences.

7

(10) The term "nonprofit", as applied to a school, 8 means a school owned and operated by one or more non9 profit corporations or associations no part of the net earn10 ings of which inures, or may lawfully inure, to the benefit 11 of any private shareholder or individual.

12

(11) The term "revenues shared" means payments

13 under this Act.

14

(12) The term "secondary school" means a day or 15 residential school which provides secondary education, as 16 determined under State law, except that it does not include any education provided beyond grade 12.

17

18

(13) The term "Secretary" means the Secretary of

19 Health, Education, and Welfare.

20

21

(14) The term "State" includes, in addition to the

several States, the Commonwealth of Puerto Rico, the Dis22 trict of Columbia, Guam, and the Virgin Islands.

225

222

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24

(15) The term "supporting materials and services"

means such materials and services as the purchase of school

25 textbooks, library resources, and educational equipment; the