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DIGEST OF MAJOR EDUCATION BILLS

89th Congress

I. PUBLIC LAW 89-750, ELEMENTARY AND SECONDARY EDUCATION AMENDMENTS OF 1966 (H.R. 13161)

On March 1, 1966, Chairman Adam Clayton Powell introduced H.R. 13160, to strengthen and improve programs of assistance for our elementary and secondary schools through amendments of the Elementary and Secondary Education Act of 1965 (Public Law 89–10). The same day Representative Carl D. Perkins introduced a similar version, H. R. 13161. Mr. Perkins, chairman of the General Subcommittee on Education to which the bills were referred, became sponsor. After 19 days of hearings, H.R. 13161 was ordered reported to the full committee on May 11, 1966. The bill was ordered reported on July 28, 1966, after amendments in executive sessions of the full committee. It was reported to the House with House Report 1814 on August 5, 1966; a rule was requested on that day. A 21-day rule was granted through House resolution on September 21, 1966, and the bill passed the House, as amended, on October 6, 1966, by a vote of 237 to 97. It was passed with amendments by the Senate on October 7, 1966. On the same day the Senate requested a conference. The House agreed to a conference on October 10, 1966. The conference report (H. Rept. 2309) was filed on October 18, 1966. The Senate adopted the conference report on October 19, 1966. The next day the House adopted the conference report by a vote of 185 to 76. The bill was signed into law on November 3, 1966, as Public Law 89-750.

Provisions of Public Law 89-750 for 1967-68 were as follows:
A. Title I-Educationally deprived children:

1. $2,000 income level for fiscal year 1967 and $3,000 for fiscal year 1968. Add-on of 3 percent provided for territories. 2. Most recent AFDC data for fiscal year 1967 and fiscal year 1968.

3. One-half national average expenditure per pupil or one-half State average, whichever is larger, to be used in fiscal year 1968.

4. Indian children in schools operated by the Department of the Interior are included for fiscal year 1967.

5. All projects must involve an expenditure of not less than $2,500 unless excepted.

6. All facilities constructed must be usable by handicapped persons and works of art may be included in cost of construction.

7. In fiscal year 1967 no grant may exceed 50 percent of a school district's previous year budget.

S. Migratory, neglected and delinquent, and foster children covered.

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9. Incentive grants repealed.

10. Administrative expenses for State set at a maximum of 1 percent of amount authorized rather than 1 percent of amount paid under grants.

11. Maintenance of effort determined on basis of the second preceding fiscal year rather than fiscal year 1964. 12. Authority for reallocation within States and between States granted.

13. National Advisory Council must report by January 31 rather than March 31 of each year.

14. Definition of "current expenditures" made more precise to conform with current practices.

15. Exemption of first $85 of income earned under projects supported by this act for persons receiving payment under aid to families with dependent children.

16. One percent of grant to a school district, or $2,000, whichever is greater, may be used for planning.

B. Title II-Library resources and textbooks:

1. Authorizations of $128,750,000 for fiscal year 1967 and $154,500,000 for fiscal year 1968, including territorial add-on of 3 percent.

2. Indian children in schools operated by the Department of Interior and children in Department of Defense schools overseas are included for fiscal year 1967.

3. Provides for sharing of administrative money with local school districts and sets level for State at 5 percent of allocation or $50,000, whichever is greater.

4. Requires assessment by State from time to time of library and textbook needs.

5. Requires coordination of this title with programs funded under the Library Services and Construction Act.

C. Title III Supplementary centers and services:

1. Authorizations (including 3 percent add-on for territories) of $180,250,000 for fiscal year 1967 and $515 million for fiscal year 1968.

2. Indian children in schools operated by the Department of Interior and children in Department of Defense schools overseas included for fiscal year 1967.

3. Special consideration to be given after June 30, 1967, to school districts with critical construetion needs.

4. Construction to be accessible by handicapped and costof construction may include excellence in architecture and works of art up to 1 percent of total.

D. Title V-State departments of education:

1. Authorizations of $30 million for fiscal year 1967 and $50 million for fiscal year 1968 provided.

2. Matching requirement eliminated..

3. Technical amendment on personnel interchange.

4. Demonstration and evaluation projects to insure continuation of benefits of Headstart and other preschool programs may be funded.

E. New title VI-Handicapped children:

1. Authorizes grants of $51,500,000 for fiscal year 1967 and $154,500,000 for fiscal year 1968 including 3 percent add-on for territories.

2. Allocation made on basis of number of children aged 3 to 21, inclusive.

3. Reallocation authority included.

4. State plan required.

5. State expenses of 5 percent of allocation or $75,000, whichever is greater, are allowed for administration; $25,000 for each of the territories.

6. National Advisory Committee on Handicapped Children created.

7. Bureau for Education and Training of the Handicapped must be created by July 1, 1967.

F. Title VII--General provisions:

1. Dissemination of information authorized with $1,500,000 for fiscal year 1967 and $2 million for fiscal year 1968 provided.

2. Prohibition of any requirement for the assignment or transportation of teachers or students in order to overcome racial imbalance.

II. Limitation of 90 days on deferral process under compliance procedures of the Civil Rights Act.

III. Modification of Cooperative Research Act to provide authority for training in research.

IV. Federal impact aid:

A. Public Law 874-Operation and maintenance.

1. Liberalized basis of qualifying for aid to 3 percent of student population or 400 students.

2. Adjustments for reduction in State aid.

3. Reductions where local agency cannot or will not educate children living on Federal property.

4. Other minor or technical amendments.

B. Public Law 815-Construction:

1. Extended benefits for B category children to June 30, 1967.

2. Made provisions for Indians living on reservations permanent.

3. Reductions where local agency cannot or will not educate children living on Federal property.

4. Provision for works of art and handicapped in construction plans.

5. Other minor or technical amendments.

V. Adult education:

A. Cited as "Adult Education Act of 1966."

B. Transfers adult basic education program from OEO to OE. C. Authorizes $40 million for fiscal year 1967 and $60 million for fiscal year 1968.

D. Ten to twenty percent of basic authorization may be used for special experimental demonstration projects and teacher training.

E. A National Advisory Committee on Adult Basic Education is created, to be appointed by the President.

The authorizations for the 2 years covered by this legislation were as follows: $2,355,588,000 for fiscal year 1967 and $3,745,517,000 for fiscal year 1968.

II. PUBLIC LAW 89-752, HIGHER EDUCATION FACILITIES ACT OF 1966 (H.R. 14643)

Mr. Powell introduced H.R. 13174 on March 1, 1966, to strengthen and improve public and private programs of assistance for institutions of higher education and students attending them. On March 2, 1966, Mrs. Edith Green introduced a similar bill. Both bills were referred to the Special Subcommittee on Education, of which Mrs. Green is chairman. Five days of hearings were held. On April 26, 1966, a revised bill based on subcommittee hearings and deliberations was introduced by Mrs. Green. This was H.R. 14643, to amend the Higher Education Facilities Act of 1963 to extend it for 3 years, and for other purposes; and to authorize assistance to developing institutions. On April 27, the bill was ordered reported to the full committee. It was reported to the House (H. Rept. 1467) on April 29, 1966. On May 2, 1966, it was passed in the House under suspension of rules by voice vote. On May 3, 1966, the Senate version of this bill was referred to the Senate Labor and Public Welfare Committee. On October 10, 1966, the Senate's amended bill was passed and a conference was requested. The House agreed to a conference and appointed conferees on October 14, 1966. A conference report (H. Rept. 2326) was filed on October 19, 1966. On October 21, 1966, the House adopted the conference report by a vote of 222 to 13. On the same day the Senate adopted the conference report. The bill was signed into law on November 3, 1966.

Provisions of Public Law 89-752 are as follows:

1. Three-year extension of the Higher Education Facilities Act of 1963:

A. Authorization

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B. Changed provisions.―(1) Junior colleges will receive the following percentages of title I funds: 22 percent in 1967, 23 percent in 1968, and 24 percent in 1969. (2) Title I funds may be used to pay the administrative expenses of title VI ("Equipment") of the Higher Education Act of 1965. (3) All facilities must be accessible to handicapped persons.

2. Developing institutions program (title III of the Higher Education Act of 1965) was extended for 2 years with authorizations of $30 million for fiscal year 1967 and $55 million for fiscal year 1968.

3. Title II ("Student Loans") of the NDEA was amended to increase the authorization for fiscal year 1968 to $225 million instead of $195 million. Authorization for fiscal year 1967 would continue at $190 million.

One hundred percent loan cancellation extended to teachers of the handicapped. Teachers in the Trust Territory of the Pacific are made eligible for forgiveness.

The administration proposals for modification of the financing procedures for title II were rejected.

4. The "Guaranteed Student Loan Program," title IV of the Higher Education Act of 1965, was modified to allow every State to receive a minimal annual advance of $25,000, rather than $25,000 in the aggregate, as is presently authorized. A study to determine means of improving the guaranteed loan program was authorized and must be reported no later than January 1, 1968.

5. The District of Columbia Commissioners were authorized to establish a student loan guarantee program to meet the requirements of title IV of the Higher Education Act of 1965 and the National Vocational Student Loan Insurance Act of 1965.

6. Maintenance of effort provisions were liberalized under title II ("Library") and title VI ("Equipment") of the Higher Education Act of 1965.

7. Buildings must be accessible to handicapped and works of art may be included in cost of facilities up to 1 percent of total.

8. Planning grants to State commissions to determine construction needs authorized.

9. "Industrial arts" is added for purposes of equipment purchases under title III of the NDEA beginning in fiscal year 1968; $10 million added to the authorization for that year.

III. PUBLIC LAW 89-698, INTERNATIONAL EDUCATION ACT OF 1966 (H.R. 14643)

The International Education Act of 1966, H.R. 14643

In his speech before the bicentennial celebration of the Smithsonian Institution on September 16, 1965, President Johnson said he planned to recommend to Congress a broad and long-range plan of worldwide educational endeavor. To shape recommendations, he appointed a task force headed by Secretary of State Rusk; Secretary Gardner of the Department of Health, Education, and Welfare served on this task force.

Twenty recommendations were contained in the President's message to Congress on international education and health. Some changed existing legislative authority of several agencies. Ten were delegated to the Department of Health, Education, and Welfare, and three needed new legislative authority.

These were contained in the International Education Act of 1966, H.R. 14643, which was the amended version of H.R. 12451 and H.R. 12452, which had been introduced by Mr. Powell and Mr. Brademas, respectively, on February 2, 1966. These bills were referred to an ad hoc task force on international education of which Mr. Brademas was chairman. They were concerned with strengthening American educational resources for international studies and research. After 7 days of hearings and task force deliberations, H.R. 14643 was introduced April 26, 1966, by Mr. Brademas. It was referred to the full committee on April 27, 1966, and was ordered reported to the House on that day. The bill was reported to the

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