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To strengthen and improve educational quality and educational opportunities in the Nation's elementary and secondary schools.

The bill is entitled the “Elementary and Secondary Education Act of 1965."



Section 2 adds a new title II to Public Law 81–874 as follows:

Section 201 of the bill declares that it is the policy of the United States to provide financial assistance to local educational agencies serving areas with concentrations of children from low-income families to expand and improve their educational programs by various means—including the construction of schools--which contribute to meeting the special needs of educationally deprived children.

Section 202 directs the Commissioner to make payments to State educational agencies for grants to local agencies from July 1, 1965, to June 30, 1968, and special incentive grants for a period beginning July 1, 1966, to June 30, 1968.

Section 203 states that the maximum amount to which any local educational agency will be eligible will be equal to one-half (or, after 1966, a percentage determined by the Secretary of HEW) the average per pupil expenditure in that State multiplied by the number of children in that school district (aged 5 to 17) in families having an annual income of less than $2,000 (or, after 1966, a figure determined by the Secretary of HEW), except that the local agency may receive no more than 30 percent of its current annual budget. Where data on school district by school district basis are not available, county data will be utilized as prescribed in the bill. To be eligible the number of children in the aforesaid deprived category must be at least 100, or 3 percent more of the total number of children in the district but in no case less than 10. Local educational agencies may receive grants only if, to the extent consistent with the number of educationally deprived children in the school district of the local educational agency who attend nonpublic schools, the agency has made provision for including special educational services and arrangements in which children can participate without full-time public school attendance.

Section 204 states that if a school district raises its current expenditures for the fiscal year of 1966 by more than 5 percent above its expenditures for the fiscal year 1965, then the United States will make an incentive grant equal to that increase in its 1967 grant. The same benefits will be given school districts which, for the fiscal year 1967, have increased their current expenditures by 10 percent over the expenditures for 1965.

Section 205 makes a State educational agency responsible for the distribution of the allotments within the State. Plans which are submitted must make provision for special educational services such as dual enrollment (shared services), educational radio and television, and mobile educational services in which children can participate without full-time public attendance. Any plan for the construction of school facilities must not be inconsistent with the overall State plans for construction of such facilities.

Section 206 provides for annual reports to be made to the Commissioner in order that he may evaluate the effectiveness of the payments.

Section 207 permits payment to States for the cost of administration equal to 1 percent of the basic grants. It further prohibits States from reducing any State assistance to local educational agencies on account of money received under this act; and it prohibits payments to local educational agencies where the combined fiscal efforts of the State and local educational agencies have been reduced. Section 208 states that if the appropriations for the fiscal year

ending June 30, 1966, for the new title II payments are insufficient to pay the total entitlement of all State and local educational agencies for such year, the amounts of the payments shall be reduced proportionately. If, later, additional funds become available, the reduced payments shall be increased proportionately.

Section 209 provides that all laborers and mechanics employed by contractors or subcontractors must be paid at the prevailing rate as determined in accordance with the Davis-Bacon Act.

Section 210 authorizes the Commissioner to withhold payment to any State educational agency which fails to comply with the assurances set forth in its application until the Commissioner is satisfied that such agency has no longer failed to comply.

Section 211 authorizes any State dissatisfied with the Commissioner's final action on its application to file a petition with the U.S. court of appeals for the State in which it is located for review of that action. If supported by substantial evidence, the findings of fact by the Commissioner shall be conclusive.

Section 212 provides for a report to the Congress by December 31, 1967, on the operation of this title.

Section 4 of the act defines "child," "State," "county," "construction," and "school facilities." American Samoa is included as a “State."


Section 201 authorizes the appropriation of $100 million for the fiscal year ending June 30, 1966, and such sums as may be necessary in the 4 succeeding years, for making grants for school library resources and other printed and published instructional materials including textbooks essential to improve educational quality for the use of schoolchildren and teachers in public and nonprofit private elementary and secondary schools.

Section 202 provides that the funds will be allotted among the States on the basis of the number of children enrolled in public and nonprofit private elementary and secondary schools.

Section 203 provides for a State plan for making available books, periodicals, documents, and magnetic tapes, phonograph records, and other printed and published materials for the use of all schoolchildren in the State. The previous levels of non-Federal support for these materials would be maintained and, if possible, increased. Only books and materials that are used in the public school may be used under this plan. Insofar as it does not contravene State law, such library resources and instructional materials will be provided on an equitable basis for the use of children and teachers in nonpublic elementary and secondary schools.

Section 204 provides that where no State agency is authorized by law to provide library resources or printed and published instructional material for the use of children and teachers, the Commissioner shall arrange for the provision of such resources or materials out of the State's allotment.

Section 205 authorizes the Commissioner to withhold funds from State agencies not complying with the plans submitted.

Section 206 provides for judicial review in the same manner as above.


Section 301 authorizes $100 million for the fiscal year ending June 30, 1966, and such sums as may be necessary in the 4 succeeding years, for making grants for supplementary educational centers to provide educational services not available in sufficient quantity or quality in elementary and secondary schools and to develop and establish exemplary elementary and secondary school educational programs to serve as models for regular school programs.

Section 302 provides that the Commissioner shall apportion the funds appropriated among the States as follows: $50,000 to each American Samoa, Guam, and the Virgin Islands, and $200,000 to each of the other States. The remainder of the sums shall be apportioned among the States on the basis of (1) the number of children aged 5 to 17 in each State; (2) the total population of each State.

Section 303 provides that the funds are to be used for planning, pilot projects, the establishment and operation of programs offering a diverse range of educational experience to children and adults of varying talents and needs. Programs might include guidance and counseling; remedial instruction; school health, psychological, and social work services designed to enable persons to enter, remain in, and reenter educational programs; comprehensive academic services; and vocational guidance counseling where appropriate; dual enrollment; specialized instruction and equipment for students interested in studying advanced scientific subjects, foreign languages, and other academic subjects not taught in the local school; specially qualified personnel (including artists and musicians); educational radio and television programs; special educational and related services for persons living in isolated rural areas; and other specially designed educational programs.

Section 304 provides that grants would be made to a supplementary educational center and services organization which would represent on its governing board at least one educational agency and one or more of the following: Institutions of higher education; State educational agencies; public agencies such as health and welfare units; and private nonprofit agencies including nonpublic schools, museums, art galleries, educational television stations, and other cultural organizations. Funds to be made only on the basis of applications reviewed by the State educational agency and approved by the Commissioner of Education.

Section 305 provides for payments to be made in installments and in advance.

Section 306 provides for an Advisory Committee on Supplementary and Educational Centers who will advise the Commissioner on the action to be taken on each application for a grant.

TITLE IV-EDUCATIONAL RESEARCH AND TRAINING Section 401 amends Public Law 83–531, the Cooperative Research Act, as follows:

Section 1 states the purpose of the act is to enable the Office of Education to more effectively accomplish its purpose.

Section 2 authorizes the Commissioner of Education to make grants to universities, colleges, and other private or public agencies for the purpose of research and dissemination of information. The Commissioner is authorized to make grants to public and other nonprofit universities and colleges and other public or nonprofit agencies to assist them in providing training and research.

Section 4 authorizes $100 million for a 5-year program for the purpose of constructing and operating facilities for regional centers of research. It also provides a limited authority for grants for the construction of research facilities.

"Section 5 defines "State,' 'State educational agency,' 'nonprofit,' and construction or cost of construction. The term 'State' includes Puerto Rico, District of Columbia, Guam, American Samoa, and the Virgin Islands." TITLE V-GRANTS TO STRENGTHEN STATE DEPARTMENTS OF EDUCATION

Section 501 authorizes $100 million for the fiscal year ending June 30, 1966, and such sums as may be necessary in the 4 succeeding years for the purpose of assisting States in strengthening their State educational agencies and identifying their educational needs. Section 502 states that 85 percent of the funds appropriated would be apportioned as follows: $50,000 each to Guam, American Samoa, and the Virgin Islands and $100,000 to each of the States, the District of Columbia, and Puerto Rico. The remainder of the 85 percent would be apportioned among the States and territories based on the number of public school pupils.

Section 503 provides that funds are to be used for long-range educational planning; improved collecting, processing, and analyzing of educational data (including use of automated data systems); disseminating information; conducting, sponsoring, or cooperating in educational research; developing the competency of individuals who serve State or local educational agencies and provide leadership, administrative, or specialist services; cooperation with institutions of higher education and local educational agencies to improve the quality of teacher preparation, including student teaching; and other special needs of State departments of education. State matching will be required, which will vary on the basis of the State's per capita income one-third to one-half of the costs of the program.

Section 504 provides that the Commissioner would approve applications if he determines that the proposal would strengthen the leadership resources of the applicant in its ability to effectuate the meeting of the State's educational needs.

Section 505 provides that 15 percent of the funds appropriated would be reserved to the Commissioner for grants for special programs for research and demonstrations and for the establishment of special services which would help solve common educational problems.

Section 506 states that the Commissioner may make grants by installments, in advance, or by way of reimbursement.

Section 507 permits an interchange of personnel between States and the Office of Education for cooperative educational activities and technical and other assistance which would assist in the strengthening of American education.

Section 508 states that the Commissioner may declare as ineligible any State which does not comply with the plan approved under section 504.

Section 509 provides for judicial review in the same manner as. above

Section 510 provides that the Secretary shall appoint an Advisory Council on State Departments in 1968 for the purpose of reviewing the administration of programs for which funds are appropriated pursuant to this title.


Sections under this title give definitions of terms used in this act, provide for advisory councils, prohibit Federal control of education, and prohibit payments for religious worship or instruction.


Section 701 establishes a Department of Education.

Section 702 states that the purpose of said Department shall be to promote the cause and advancement of education throughout the Nation.

Section 703 provides for four Assistant Secretaries and an Under Secretary and a General Counsel.

Section 704 makes all provisions of law applicable to the executive departments applicable to the Department of Education.

Section 705 authorizes the Secretary of Education to design a seal of office.

Section 706 authorizes the Secretary to delegate authority.

Section 707 transfers to the Department of Education all functions, personnel, property, and obligations of the Office of Education. It provides that all laws relating to matters transferred under this title shall remain in effect; and all orders and regulations transferred under this title will remain in force.

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