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eral funds paid to the State under such title or section (including such funds paid by the State to the local educational agencies).
(b) The Commissioner shall not finally disapprove any State plan submitted under this Act, or any modification thereof, without first affording the agency administering the plan reasonable notice and opportunity for a hearing.
(c) Whenever the Commissioner, after reasonable notice and opportunity for hearing to the agency administering a State plan approved under one of the titles of this Act, finds that
(1) the State plan has been so changed that it no longer complies with the provisions of this Act governing its original approval, or
(2) in the administration of the plan there is a failure to comply substantially with any such provision the Commissioner shall notify such State agency, in the case of a plan submitted under title III or V or section 1099 of this title, that no further payments will be made to the State under such title or section (or, in his discretion, further payments to the State will be limited to programs under or portions of the State plan not affected by such failure), until he is satisfied that there will no longer be any failure to comply. Until he is so satisfied, the Commissioner shall make no further payments to such State under such title or section, as the case may be (or shall limit payments to programs under or portions of the State plan not affected by such failure).
SEC. 1005 (a) If any State is dissatisfied with the Commissioner's înal action with respect to the approval of its State plan submitted under this Act, or with respect to his final action under section 1004(c), such State may, within sixty days after notice of such action, file in the United States district court for the district in which the capital of the State is located, a petition to review such action. The petition for review shall (1) contain a concise statement of the facts upon which the appeal is based and (2) designate that part of the Commissioner's decision sought to be reviewed.
(b) Notification of the filing of the petition for review shall be given by the clerk of the court by mailing a copy of the petition to the Commissioner.
(c) No costs or docket fees shall be charged or imposed with respect to any judicial review proceedings, or appeal therefrom, taken under this Act.
(d) Upon receipt of the petition for review the Commissioner shall within twenty days thereafter, certify and file in the court the record on review, consisting of the complete transcript of the proceedings before the Commissioner. No party to such review shall be required by rule of court of otherwise, to print the contents of such record filed in the court.
(e) The court after review may dismiss the petition or deny the relief prayed for, or may suspend, modify, or set aside, in whole or in part, the action of the Commissioner, or may compel action unlawfully withheld. The judgment of the court shall be subject to review as provided in sections 1291 and 1254 of title 28 of the United States Code.
METHOD OF PAYMENT
SEC. 1006. Payments under this Act to any individual or to any State or Federal agency, institution of higher education, or any other organization, pursuant to a grant, loan, or contract, may be made in installments, and in advance or by way of reimbursement, and, in the case of grants or loans, with necessary adjustments on account of overpayments or underpayments.
ADMINISTRATIVE APPROPRIATIONS AUTHORIZED
SEC. 1007. There are hereby authorized to be appropriated for the fiscal year ending June 30, 1959, and for each fiscal year thereafter, such sums as may be necessary for the cost of administering the provisions of this Act, including the administrative expenses of State commissions.
ALLOTMENTS TO TERRITORIES AND POSSESSIONS
SEC. 1008. The amounts reserved by the Commissioner under sections 302 and 502 shall be allotted by the Commissioner among Puerto Rico, the Canal Zone, Guam, American Samoa, and the Virgin Islands, according to their respective needs for the type of assistance furnished under the part or title in which the section appears.
II. EXCERPTS FROM THE SENATE COMMITTEE REPORT ON S. 3060, 88TH CONGRESS SECOND SESSION
The Committee on Labor and Public Welfare reports an original bill to amend and extend the National Defense Education Act of 1958 and to extend Public Laws 815 and 874, 81st Congress (federally affected areas), and recommends that the bill do pass.
Title I of the bill would extend for 3 years, until July 30, 1968, all titles of the National Defense Education Act of 1958, amending each title as set forth below. Title II of the bill would (1) extend for a 2-year period until June 30, 1967, Public Laws 815 and 874, impacted areas legislation, (2) require the Commissioner of Education to conduct a study to strengthen and improve the impacted area statutes, which study shall be reported to the Congress by June 30, 1965, and (3) include under the impacted areas statutes the District of Columbia.
HISTORY OF LEGISLATION
The Education Subcommittee of the Senate Committee on Labor and Public Welfare in 17 days of hearings on S. 580, the National Education Improvement Act of 1963, which took place from April 29 through June 25, 1963, and in seven days of hearings on S. 2490, the Higher Education Student Assistance Act, of 1963, which took place from February 20 through April 15, 1964, received testimony from witnesses representing a broad spectrum of the American public, including educators, civic and labor organizations, as well as administration spokesmen.
Major portions of the legislative recommendations of President Kennedy contained in S. 580 have already been enacted by the Congress in Public Law 88-204, the Higher Education Facilities Act of 1963, Public Law 88-210, the Vocational Education Act of 1963, and Public Law 88-269, the Library Services and Construction Act of 1964.
The pending measure would enact additional recommendations of S. 580 (a) relating to student assistance at both the undergraduate and graduate levels; (b) financial assistance by matching grants to the State school authorities and by loans to private schools for the purchase of certain categories of the elementary and secondary school equipment; and (c) through the institute training of teachers in the guidance and counseling field and in other teaching areas deemed critical by the committee. Continuing support is afforded the disciplines of mathematics, science, and modern foreign languages.
Finally, under title I of the measure, changes recommended by the Office of Education for the improved operation of the statistical services program of the act have been reviewed and have received committee approval.
Title II of the proposed act, while extending the impacted areas statutes for 2 additional years without major amendment, nevertheless by its requirement that a study be made upon the basis of which the Commissioner of Education is directed to report to the Congress his recommendations for further improvement of the acts reflects the concern of the committee that any abuses which may have crept into the program be clearly identified in order that further action to strengthen the statutes can be taken early in the 89th Congress.
The inclusion by the committee of the District of Columbia within the purview of the impacted areas statutes reflects the continuing concern of the committee, first evidenced in S. 1021 of the 87th Congress, which passed the Senate, that, in equity, the Capital of the Nation should receive the same general statute benefits which are enjoyed by other communities in the Nation.
TITLE I: AMENDMENTS TO THE NATIONAL DEFENSE EDUCATION ACT
A detailed description of the amendments to existing law made by the measure follows.
TITLE V-A-GUIDANCE, COUNSELING, TESTING
This title extends the guidance, counseling, and testing programs under title
Estimated distribution of legislative authorizations, title V pt. A, sec. 501—Guidance
Note.-Distribution of all amounts estimated on the basis of school-age (5 to 17) population as of July 1, 1962, for the
Benefits under the extended act for guidance, counseling, and testing, previously limited to students not below grade 7 or above grade 12, would cover approximately an additional 24.6 million public elementary school students, and more than 800,000 students in public junior colleges and technical institutes. In addition, the testing program in nonpublic elementary and secondary schools would be applicable to a substantially larger number of students in such schools at the elementary, junior college, or technical institute levels.
The rapid rate of increase in local guidance and counseling personnel_which occurred during the first years of the program has decelerated markedly. During fiscal year 1960, States reported a 56-percent increase in the number of full-time equivalent counselors over the preceding year. In fiscal year 1963, there was an increase of only 11 percent over the previous year. According to the U.S. Office of Education, this declining rate of growth indicates that the initial increased efforts of State and local school systems have in many cases reached the financial limits of these agencies to support additional increases. The current ratio of expenditures for title V-A during fiscal year 1963 was one Federal dollar for every nine State and local dollars.
The ratio of counselors to students in public secondary schools has decreased over a period of 6 years from 1 full-time counselor for 960 students to a present ratio of 1:510. The committee is informed that the acceptable ratio for a quality program of guidance and counseling is 1:300. In order to make an appreciable difference in the improvement of counselor-student ratio for elementary schools and junior colleges or technical institutions, which at the moment is far less favorable than the secondary school ratio at the beginning of the title V-A program, at least the 3 years of support provided by this extension are required.
Five years were required to achieve the participation of 75 percent of public secondary school students in approved guidance, counseling, and testing programs under title V-A. Significant progress in program development and improvement is accomplished on a planned and continuing basis for a period of several years. The program for testing students has been broadened to allow the inclusion of students in elementary schools below grade 7. The program of guidance and counseling has been expanded to include public elementary schools for students below grade 7.
The early identification of aptitudes and abilities and motivation toward achieving their fullest possible realization are basic functions of the guidance process at the elementary school level. At the same time, the need for early recognition of the potential dropout, with prevention centered in the earliest years of the school experience, has led to a need for expanding and strengthening guidance services in the elementary schools. The fact that 1 out of every 5 dropouts from the school system leaves during the eighth grade or before, further emphasizes the importance of guidance services in elementary schools as a means for preventing this loss.
The latest projected statistics in the U.S. Office of Education indicate that, in order to have 1 counselor for every 300 secondary school students before 1969 to deal adequately with the school dropout problem, delinquency, youth unemployment, changing manpower needs, and to capitalize on the manpower capacities of all our citizens, twice as many counselors in secondary schools as we presently have will be required. To extend guidance services to the elementary school level, where these services are presently extremely I'mited and where many of the problems of children could be identified earlier an resolved much more easily, would require over 53,000 elementary school counselors by 1969.
During 1965-66, 42,350 elementary school counselors will be needed to achieve a minimum ratio of 1 to 600, and by 1969 approximately 53,000 counselors will be needed. Less than 15 percent of elementary schools presently have the benefit of more than 1 day per week of services by guidance counselors.
The bill extends (1) the testing programs under title V-A to students in public junior colleges and technical institutes and, if authorized by law, in other junior colleges and technical institutes, and (2) the guidance and counseling programs to public junior colleges and technical institutes.
The amendment of this title to include public junior colleges and technical institutes will help to provide guidance, counseling, and testing programs for the rapidly expanding enrollments at this crucial level of higher education. The high rate of dropouts and the frequency of unrealistic educational and vocational choices among junior college students demand immediate action to reduce the resultant waste of the Nation's reservoir of technical and semiprofessional manpower. These new programs will provide the assistance needed to help these students meet their educational and vocational problems.
If guidance and counseling programs function properly in well-developed educational programs at the elementary and secondary school levels, more and more students will find their way into colleges and universities. This process does not terminate the need for guidance and counseling programs in junior colleges and technical institutes to assist students with problems which are the roots of educational waste at this level.
The importance of encouraging the development of guidance, counseling, and testing services in public junior colleges and technical institutes is further illustrated by the following:
1. In relation to vocational choice, surveys have indicated that there is a serious lack of realism among college students in choosing a vocation. 2. Studies have shown also that the majority of students attending a college or university give preparation for a vocation as their primary reason for being there. Yet more than one-half who graduate enter vocations other than those for which they were trained.
3. The need for improved guidance and counseling services in higher education also is reflected in the dropout rate among the college student population which ranges from 12 to 82 percent as reported in 35 different studies. 4. Among the services which college droupouts feel are needed but which are unsatisfactory were: assistance from counselors and teachers on how-tostudy techniques; services of faculty advisers in selecting courses; the degree of emphasis on vocational guidance; and the quality of counseling assistance received on problems of educational and vocational choice.
The committee has also given weight to two important considerations:
1. This year, 1 out of 4 students entering college enrolled in a junior college. By 1970 it is estimated that 3 out of 4 will enter a junior college.
2. Some 68,000 technical and semiprofessional people will be needed every year until 1970, and the training for most of these people could be completed with 2 years of college.
This title, therefore, makes provision for advising students in their decisions as to the type of educational program they should pursue, the vocation they should train for and enter, and the job opportunities in the various fields. The amendment will result in the students' better understanding of the changing occupational structures and increasing occupational mobility. Career development is a lifelong process. The increased emphasis upon the importance of strengthening resources for vocational-technical education supports the need for improved guidance and counseling programs at these educational levels.
TITLE V-B COUNSELING AND GUIDANCE TRAINING INSTITUTES
The bill amends section 511 to continue authority to arrange, by contracts with institutions of higher education, for the operation by them of counseling and guidance training institutes. The current annual appropriation ceiling on this program of $7.25 million is increased to $10 million for the fiscal year ending June 30, 1965, and for each of the 3 succeeding fiscal years.
As now established eligibility to these institutes is limited to personnel engaged in counseling and guidance of students in grades 7 through 12 in elementary and secondary schools, or to teachers in such schools preparing to engage in such counseling and guidance. The bill broadens this provision to include personnel performing counseling and guidance duties, or to teachers preparing to perform such duties, in elementary schools, and in institutions of higher education, including junior colleges and technical institutes. The bill includes a new authorization for the study of new materials in these institutes. The bill also adds authority for the Commissioner to arrange by grants to institutions of higher education for the operation by them of these institutes.
Eligibility for stipends, now limited to those engaged or preparing to engage in counseling and guidance of students in public schools is broadened to include each individual who attends an institute, thereby providing eligibility for stipends to those who attend from private schools.
During the 5 years of the operation of the counseling and guidance training institutes program more than 13,700 persons have received training in this program. These persons, who have come from all of the United States, are contributing their improved qualifications in counseling and guidance to the improved education of youth in every State in the Union. The institute experience has caused participating institutions of higher education to modify and improve their ongoing counselor education programs. The institutes have stimulated an upsurge of interest and effort on the part of participating college faculty members in formulating and establishing improved standards in counselor education in their respec