Chapter 882 - 2d Session S. 3259 AN ACT To amend the Act to promote the education of the blind, approved March 3, 1879, as amended, so as to authorize wider distribution of books and other special instructional material for the blind, to increase the appropriations authorized for this purpose, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the paragraph Education of of section 102 of the Act of March 3, 1879, as amended (20 U. S. C. the blind. 102), labeled “First" is amended to read as follows: 20 Stat. 468. "First. Such appropriation shall be expended by the trustees of the Expenditure of American Printing House for the Blind each year in manufacturing appropriation. and furnishing books and other materials specially adapted for instruction of the blind; and the total amount of such books and other materials so manufactured and furnished by such appropriation shall each year be distributed among all the public institutions, in the States, Territories, and possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, in which blind pupils are educated. Each public institution for the education of the blind shall receive, in books and other materials, upon requisition of its superintendent, that portion of the appropriation as is shown by the ratio between the number of blind pupils in that institution and the total number of blind pupils in all of the public institutions in which blind pupils are educated. Each chief State school officer 70 Stat. 938. shall receive, in books and other materials, upon requisition, that por- 70 Stat. 939. tion of the appropriation as is shown by the ratio between the number of blind pupils in public institutions (in the State) in which blind pupils are educated, other than institutions to which the preceding sentence is applicable, and the total number of blind pupils in the public institutions in which blind pupils are educated, in all of the States, Territories, and possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. The ratio referred to in each of the two immediately preceding sentences shall be computed upon the first Monday in January of each year; and for purposes of such sentences the number of blind pupils in public institutions in which blind pupils are educated shall be authenticated in such manner and as often as the trustees of the American Printing House for the Blind shall require. For purposes of this Act, an institution for the education of the blind is any institution which provides education exclusively for the blind, or exclusively for the blind and other handicapped children (in which case special classes are provided for the blind); the chief State school officer of a State is the superintendent of public elementary and secondary schools in such State or, if there is none, such other official as the Governor certifies to have comparable responsibility in the State; and a blind pupil is a blind individual pursuing a course of study in an institution of less than college grade." SEC. 2. The Act entitled "An Act providing additional aid for Trust fund. the American Printing House for the Blind", approved August 4, 1919, as amended (20 U. S. C. 101), is further amended by striking out "$250,000" and inserting in lieu thereof "$400,000”. Approved August 2, 1956. To amend section 4 (a) of the Vocational Rehabilitation Act, as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That clause (2) of 29 USC 34. section 4 (a) of the Vocational Rehabilitation Act, as amended (68 Stat. 655), is hereby amended to read as follows: "(2) for planning, preparing for, and initiating, during the fiscal year ending June 30, 1955, and the fiscal years ending June 30, 1956, and June 30, 1957, a substantial nationwide expansion of vocational rehabilitation programs in the States." Approved August 3, 1956. (314) Chapter 915 - 2d Session To extend until June 30, 1958, the programs of financial assistance in the construction and operation of schools in areas affected by Federal activities under the provisions of Public Laws 815 and 874, Eighty-first Congress, and to make certain other changes in such provisions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-AMENDMENTS TO PUBLIC LAW 815, in areas affected by Federal activities. 64 Stat, 975. 20 USC 279. SEC. 101. Subsection (e) of section 209 of the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), as amended, is amended by striking out "1957" and inserting in lieu thereof "1959". SEC. 102. The third sentence of paragraph (1) of section 210 of such 20 USC 280. Act is amended by inserting "(A)" after "includes" and by inserting immediately before the period at the end thereof a comma and the following: "and (B) any school which is providing flight training to members of the Air Force under contractual arrangements with the Department of the Air Force at an airport which is owned by a State or a political subdivision of a State". SEC. 103. Section 301 of such Act is amended by striking out "three" 20 USC 291. and inserting in lieu thereof "five". SEC. 104. The first sentence of section 303 of such Act is amended 20 USC 293. by striking out "1956" and inserting in lieu thereof "1958". SEC. 105. (a) The first sentence of section 304 (a) of such Act is 20 USC 294. amended by striking out "1955-1956” and inserting in lieu thereof "1957-1958". (b) The last sentence of section 304 (a) of such Act is amended by striking out clause (A) and inserting in lieu thereof the following new clause: "(A) are built or under contract as of the date on which the Commissioner set, under section 303, the earliest date on or before which the application for such project is filed, or". SEC. 106. (a) Subsection (a) of section 305 of such Act is amended- 20 USC 295. (2) by striking out "1955-1956" and inserting in lieu thereof "1957-1958"; (3) by inserting in paragraph (2) immediately after "such agency is situated" a period and the following: "A child of a parent who commenced residing in or near the school district of such an agency while assigned to employment, as a member of the Armed Forces on active duty, on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district) and who was subsequently assigned elsewhere on active duty as a member of the Armed Forces, shall continue to be considered as residing with a parent employed on such Federal property, for purposes of this paragraph and paragraph (1) of this subsection, for so long as the parent is so assigned"; (4) by striking out all of the first sentence of paragraph (3) thereof which follows "such agency is situated" and inserting in lieu thereof the following: "; but this paragraph (3) shall not apply if, within ninety days following the filing by such agency of an application in accordance with regulations prescribed under section 306 (a), the President finds (A) that no portion of the 20 USC 296. school district is in an area in which a defense plant or installation 20 USC 296. 20 USC 300. 20 USC 311. Effective date. Pub. Law 949 All 70 Stat. 969. has been or is to be provided, or an existing defense plant or installation has been or is to be reactivated or its operation substantially expanded, or (B) that no substantial in-migration of defense workers or military personnel is required to carry out activities at any such plant or installation, or (C) after consultation with the Commissioner, that the minimum school facilities required for the free public education of the children of such defense workers or military personnel are available."; and (5) by inserting immediately before the period at the end thereof a colon and the following: "Provided, That if the Commissioner finds, with respect to a number of such children who during the regular school year 1955-1956 attended school facilities owned by the Federal Government and used by such agency, (A) that such school facilities used for such children can be more appropriately used for different school purposes or are no longer available for school purposes, and (B) that such agency will submit with its application under this title a project to provide school facilities for such children, such children shall be counted as an increase under paragraph (1) or (2) of this subsection as the case may be, and shall be deemed to be without school facilities at the close of the regular school year 1957-1958 for purposes of section 304 (a)”. (b) Subsection (c) of section 305 is amended by striking out “19531954 and inserting in lieu thereof “1955-1956" and by inserting immediately before the period at the end thereof the following: ": Provided, That children residing on any housing property which, prior to sale or transfer by the United States, was considered to be Federal property for the purposes of this Act, shall not be considered as having been federally connected in determining the eligibility of the local educational agency under this subsection". (c) Subsection (d) of section 305 is amended (1) by striking out "regular school year 1955-1956" and inserting in lieu thereof "regular school year 1957-1958", (2) by striking out "110 per centum" and inserting in lieu thereof "107 per centum", (3) by striking out "regular school year 1953-1954" and inserting in lieu thereof "regular school year 1955-1956", and (4) by striking out "1953-1954 and 1955– 1956" and inserting in lieu thereof "1955-1956 and 1957-1958". SEC. 107. Subsection (b) of section 306 of such Act is amended by inserting immediately before the period at the end thereof the following: ": Provided, That the Commissioner may approve any application for payments under this title at any time after it is filed and before any priority is established with respect thereto under section 303 if he determines that "(1) on the basis of information in his possession, it is likely that the urgency of the need of the local educational agency is such that it would have a priority under section 303 which would qualify it for payments under this title when such priorities are established, and "(2) the number of children in the increase under section 305 (a) is in large measure attributable to children who reside or will reside in housing newly constructed on Federal property. SEC. 108. Section 310 of such Act is amended by striking out "1956" and inserting in lieu thereof "1958". SEC. 109. Subsection (b) of section 401 of such Act is amended (1) by striking out "two succeeding fiscal years" and inserting in lieu thereof "four succeeding fiscal years", (2) by striking out "$20,000,000" and inserting in lieu thereof $40,000,000*, and (3) by striking out "1956" and inserting in lieu thereof "1958". SEC. 110. The amendments made by this title shall become effective July 1, 1956. Pub. Law 949 TITLE II--AMENDMENTS TO PUBLIC LAW 874, EIGHTY- Educational FIRST CONGRESS agencies affected by Federal activities. SEC. 201. Subsection (a) of section 2 of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), as amended, is amended 64 Stat. 1100. by striking out "six succeeding fiscal years" and inserting in lieu 20 USC 237. thereof "seven succeeding fiscal years". SEC. 202. Subsection (a) of section 3 of such Act is amended (1) by 20 USC 238. striking out "1957" and inserting in lieu thereof "1958" and (2) by striking out "the preceding fiscal year" and inserting in lieu thereof "such fiscal year". SEC. 203. Subsection (b) of section 3 of such Act is amended (1) by striking out "the preceding fiscal year" and inserting in lieu thereof "such fiscal year", (2) by striking out "(other than those specified in subsection (a) hereof", and (3) by adding at the end thereof the following new sentences: "A child of a parent who commenced residing in or near the school district of such an agency while assigned to employment, as a member of the Armed Forces on active duty, on Federal property (situated in whole or in part in the same State as the school district of such agency or within reasonable commuting distance from such school district) and who was subsequently assigned elsewhere on active duty as a member of the Armed Forces, shall continue to be considered as residing with a parent employed on such Federal property for so long as the parent is so assigned elsewhere. If both subsection (a) and this subsection apply to a child, the local educational agency shall elect which of such subsections shall apply to such child.". SEC. 204. (a) Subsection (c) of section 3 of such Act is amended by striking out paragraph (1) thereof and inserting the following new paragraphs in lieu thereof: "(c) (1) The amount to which a local educational agency is entitled under this section for any fiscal year ending prior to July 1, 1958, shall be an amount equal to (A) the local contribution rate (determined under subsection (d)) multiplied by (B) the sum of the number of children determined under subsection (a) and one-half of the number determined under subsection (b). "(2) No local educational agency shall be entitled to receive any payment for a fiscal year with respect to a number of children determined under subsection (a) or subsection (b), as the case may be, unless the number of children who were in average daily attendance during such year and to whom such subsection applies "(A) is ten or more; and 66 (B) amounts to 3 per centum or more of the total number of children who were in average daily attendance during such year and for whom such agency provided free public education. Notwithstanding the provisions of clause (B) of this paragraph, the Commissioner may waive the 3 per centum condition of entitlement contained in such clause whenever, in his judgment, exceptional circumstances exist which would make the application of such condition inequitable and would defeat the purposes of this Act. "(3) Notwithstanding the preceding provisions of this section, where the average daily attendance at the schools of any local educational agency during the fiscal year ending June 30, 1939, exceeded 35,000 "(A) such agency's percentage requirement for eligibility (as set forth in paragraph (2) of this subsection) shall be 6 per centum instead of 3 per centum (and those provisions of such paragraph (2) which relate to the lowering of the percentage requirement shall not apply); and |