and Senate must decide whether they wish to represent their constituent Impact Area Schools or the Bureau of Budget. We must remember that the Bureau of Budget does not fail to let you know how they want to be represented. I think as our representative you would want me to do likewise.

I am sure you feel as I do that this legislative process is a never ending effort. However, it is a part of our administrative responsibility and we owe it to the children we represent. I appreciate your response and help in behalf of our common cause and will continue to suggest action which I think will help in our ultimate success.

Respectfully,

J. REVIS HALL, Superintendent.

Number of federally connected students in Anniston City schools, according to average daily attendance

Senator KENNEDY of New York. Thank you very much. The hearings are recessed.

(Whereupon, at 12:05 p.m., the subcommittee recessed subject to the call of the Chair.)

EDUCATION LEGISLATION, 1967

FRIDAY, JUNE 23, 1967

U.S. SENATE,

SUBCOMMITTEE ON EDUCATION OF THE

COMMITTEE ON LABOR AND PUBLIC WELFARE,

Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., in room 4232, New Senate Office Building, Senator Wayne Morse presiding. Present: Senators Morse, Yarborough, Randolph, Javits, and Dominick.

Committee staff present: Stewart E. McClure, chief clerk; John Forsythe, general counsel; Robert O. Harris, counsel; Charles Lee, professional staff member, Roy H. Millenson, minority clerk; and Peter Benedict, minority labor counsel.

OPENING STATEMENT BY THE SUBCOMMITTEE CHAIRMAN

Senator MORSE. The hearing will come to order. As chairman of the Education Subcommittee of the Senate Committee on Labor and Public Welfare, I am very pleased to welcome on this second day of our hearings witnesses from the administration and from educational groups and witnesses on behalf of public interest organizations who are here to share with the subcommittee their views and positions on those portions of the Higher Education Amendments of 1967 which deal with title V, and are referred to generally as the "Education Professions Development Act."

The subcommittee this morning is pleased to accept whatever comments or views the witnesses have on amendments to title VI of the Elementary and Secondary Education Act relating to the Housepassed language of H.R. 7819 concerned with the establishment of regional resource centers which will develop and apply the best methods of appraising the special educational needs of handicapped children referred to them.

In addition, we are also asking witnesses who wish to do so to provide us with their views on the further extension and amendment of programs now in existence whose statutory authorities expire on June 30, 1967. In this category would fall the Teacher Corps, the temporary provisions of Public Law 815 relating to school construction authorities under the impacted areas legislation, those portions of Public Law 874 which were enacted in Public Law 89-313 as the School Disaster Act, and language relating to the provision of services under the Elementary and Secondary Education Act to Indian children and to Department of Defense overseas schools.

As witnesses know, there is companion legislation pending before the House of Representatives in H.R. 10943 which touch upon two of the areas I have discussed; namely, the Education Professions Development Act and amendment and extension of the Teacher Corps legislation. The subcommittee will be most pleased to receive any comments that are addressed to it based upon that legislation, even though it is not technically before us. I think we are all aware that by the time the Senate legislation reaches the floor it is highly probable that the House legislation will have come over. Frankly, this morning what we are attempting to do is to make as broad a hearing record as possible so that at a very early date the Senate Committee on Labor and Public Welfare in executive session can mark up a bill which we hope will receive the assent of both the Senate and the House and which can be sent to the President in time to preserve these many worthwhile programs.

Before turning to the administration witnesses, who will lead off our discussion, I think that I should say with regard to the education professions development provisions which are before us that if they are accepted by the subcommittee, they should be accepted as, if you will, supplementary authorities to those now existing in statute. I would not think at this time, since we have been unable to arrange our own schedule in this subcommittee because of factors beyond our control, that we would wish to prejudge without further hearings at a later date on other legislation any suggestions relating to the phaseout, now or at some future time, of training programs such as the National Defense Education Act of 1958, as amended, or in the International Education Act, or the National Foundation on the Arts and Humanities. These are all matters which, as I have indicated, we can come to grips with at a later date in this session.

Before turning the program over to you, Mr. Commissioner, I would want to again indicate as I did in the Congressional Record of June 21, that it is the hope of the chairman of the subcommittee that following the Fourth of July recess the subcommittee could move with dispatch to further hearings on those portions or the Elementary and Secondary Education Amendments of 1967 which are not dealt with in this hearing, and to those portions of the Higher Education Amendments of 1967 which are not dealt with in this hearing, in order that we can bring to the President for signature legislation, in each of these areas, which can meet the test of the public interest. With that brief preface, I am going to call in a moment on Commisisoner Howe to present to the subcommittee such comments and testimony as the administration may wish to present, but before I do that, I want the attention of Mr. Lee, counsel for the subcommittee.

As counsel knows, we had this hearing scheduled for an all-day hearing. This hearing may have to be recessed promptly on the dot at 12 o'clock because of the emergency matter that confronts the Senate. and the ruling of the Senate that no committee or subcommittee can be in session for a moment after that bell rings for the Senate session.

That means, Mr. Counsel, I fear we cannot possibly finish this hearing this morning. It was our plan, as you know, to finish the hearing today and take the bills involved directly to the full committee on Monday instead of taking the bills through the subcommittee. We are going to have to have a hearing Monday morning, and I want you. to proceed to send out the notices for a hearing Monday morning

promptly at 10 o'clock. We will try to finish the hearings so, if possible, we can have a full committee meeting Monday afternoon.

Please check with Senator Hill-I will, too, when I see him-to see if that is possible. In the event that it is not, then see if you can get a full committee hearing scheduled for 9:30 Tuesday morning in executive session. I am going to close these hearings Monday noon. I will have complied with the statutory requirement of public hearings, adequate public hearings, because I will have given to every witness an opportunity to file statements, and any witness that I cannot hear will be permitted to file statements. This procedure is perfectly permissible under the law because it is for the committee to decide under its time schedule how long it wishes to conduct public hearings. We must get to the floor of the Senate, in my judgment, as soon as possible if we are going to get any action, by June 30, the terms of the statute. We need to get to the floor of the Senate by Wednesday our recommendations for legislation so that we can have a conference with the House and subsequent action before we recess.

Mr. LEE. Mr. Chairman, I have talked with most of the witnesses on the public side this morning. Each has indicated a willingness to present in a very brief oral presentation their points of view. They do have their full prepared written statements.

Senator, MORSE. Well, I have given you your instructions as to what the chairman is going to do. Please carry them out. We will proceed to hear you, Mr. Commissioner, at this time, but I first will place into the hearing record at this point Senator Fannin's statement. He has evidenced in all of our legislation a keen and knowledgeable interest particularly in the field of Indian legislation. He is the expert in this and to whom we all pay heed.

STATEMENT OF HON. PAUL J. FANNIN, A U.S. SENATOR FROM THE STATE OF ARIZONA

Senator FANNIN. Mr. Chairman, on June 8, 1967, I introduced an amendment to S. 382 which would extend for 1 year the authorization under titles I, II, and III of the Elementary and Secondary Education Act to provide for the educational needs of Indian children attending schools operated by the Bureau of Indian Affairs.

I hope that this amendment will be considered by the subcommittee in connection with this bill or any other suitable legislative proposal which will be acted upon soon.

By way of reminder, when Congress last year approved the ESEA it limited grants to BIA schools to only 1 year, despite the fact that other provisions of the act carried the blessing of a 2-year authorization. Congress did so, however, not because it does not value the importance of Indian education carried on by the Bureau of Indian Affairs, nor because it is unsympathetic to the fact that Indian children, more than most other children, require an increasingly better education if they are to assume their rightful place in our society. Rather, the reasoning behind the 1-year authorization was that Congress, recognizing fully, if belatedly, its responsibility for better education for all American Indians, wanted an additional year to study all aspects of Indian education more fully, including the possibility of transferring Indian education from the Bureau of Indian Affairs.