93D CONGRESS 1ST SESSION

H. R. 5163

IN THE HOUSE OF REPRESENTATIVES

MARCH 5, 1973

Mr. QUIE introduced the following bill; which was referred to the Committee on Education and Labor

A BILL

To amend title I of the Elementary and Secondary Education Act of 1965 to provide for a more concerted and individualized attack on educational disadvantage based upon assessments of educational proficiency, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That this Act may be cited as the "Educationally Disad4 vantaged Children's Act of 1973",

5. SEC. 2. The Elementary and Secondary Education Act 6 of 1965 is amended by striking out the first title and in7 serting in lieu thereof the following new title:

7 "SEC. 101. In recognition of the special educational 8 needs of children whose educational attainment is signifi9 cantly lower than that reasonably expected of children of 10 the same age and grade level, the additional costs to edu11 cational agencies of correcting such deficiencies, and the 12 social and economic consequences to the Nation of educa13 tional failure, the Congress hereby declares it to be the 14 policy of the United States to provide financial assistance 15 to State and local educational agencies for programs which 16 involve an assessment of deficiencies in basic learning skills 17 of children and individualized efforts to overcome such de18 ficiencies (including those resulting from a physical or 19 mental handicap or from a lack of ability in the English

20 language).

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"DURATION OF ASSISTANCE

"SEC. 102. The Commissioner shall, in accordance with 23 the provisions of this title, make payments to State educa24 tional agencies for authorized State programs and for grants

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to local educational agencies for the period beginning July 2 1, 1975.

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"AUTHORIZATION OF APPROPRIATIONS

"SEC. 103. There is hereby authorized to be appropriated

for the fiscal year ending June 30, 1974, and for each of the four succeeding fiscal years, such sums as may be neces7 sary for carrying out this title.

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DISADVANTAGE

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'PART A-NATIONAL COMMISSION ON EDUCATIONAL

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"SEC. 111. (a) (1) There is hereby established a National Commission on Educational Disadvantage (hereinafter referred to in this title as the 'Commission') consisting of

13 fifteen members appointed by the President, one of whom 14 the President shall designate to serve as Chairman, and one as Vice Chairman of the Commission. Members of the Coin16 mission shall be appointed not later than sixty days after the 17 date of enactment of this Act.

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"(2) The Commissioner of Education shall serve as an ex officio member of the Commission. Members not serving 20 ex officio shall be appointed without regard to the provisions 21 of title 5, United States Code, governing appointment in the 22 competitive service, for terms of five years except that (A) 23 in the case of the initial members, four shall be appointed for 24 terms of two years each, five shall be appointed to terms of three years each, and five shall be appointed to terms of five

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1 years each, and (B) appointments to fill the unexpired por

2 tion of any term shall be for such portion only.

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"(3) Members of the Commission shall be broadly rep4 resentative of American education, and of the general public, 3 and shall include among them persons who are recognized 6 experts in the field of educational assessment.

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7 "(b) (1) There shall be a Director of the Commission, 8 appointed by the President, who shall serve at the pleasure 9 of the President.

"(2) The Director shall be compensated at the rate 11 provided for level V of the Executive Schedule under section 12 5316 of title V, United States Code, and shall perform such 13 duties and exercise such powers as the Commission may 14 prescribe, and shall make available to the Commission such 15 information and assistance as may be necessary to enable the 16 Commission to carry out its functions.

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"(c) (1) The Department of Health, Education, and 18 Welfare shall provide the Commission with necessary ad19 ministrative services for which payment shall be made in 20 advance, or by reimbursement, from funds of the Commis21 sion and in such amounts as may be agreed upon by the 22 Commission and the Secretary of Health, Education, and 23 Welfare. The Commission shall have authority to accept in 24 the name of the United States, grants, gifts, or bequests of 25 money for immediate disbursement in furtherance of the

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1 functions of the Commission. Such grants, gifts, or bequests, 2 after acceptance by the Commission, shall be paid by the 3 donor or his representative to the Treasurer of the United 4 States whose receipts shall be their acquittance. The Treasurer of the United States shall enter them into a special ac6 count to the credit of the Commission for the purposes in

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7 each case specified.

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"(2) In order to carry out the provisions of this part,

9 the Commission is authorized to

"(A) enter into contracts with appropriate individuals and with public agencies and private organizations;

"(B) appoint and fix the compensation of such personnel as may be necessary;

"(C) employ experts and consultants in accordance with section 3109 of title 5, United States Code;

"(D) utilize, with their consent, the services, personnel, information, and facilities of other Federal, State, local, and private agencies with or without reimburse

ment;

"(E) consult with the heads of such Federal agen

cies as it deems appropriate; and

"(F) conduct such hearings at such times and

places as it deems appropriate for carrying out its funetions under this part.