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CONNECTICUT

Of Education (art. eighth), section 2:

"The fund, cailed the school fund, shall remain a perpetual fund, the interest of which shall be inviolably appropriated to the support and encouragement of the public, or common schools throughout the State, and for the equal benefit of all the people thereof. The value and amount of said fund shall, as soon as practicable, be ascertained in such manner as the general assembly may prescribe, published, and recorded in the controller's office; and no law shall ever be made, authorizing said fund to be diverted to any other use than the encouragement and support of public, or common schools, among the several school societies, as justice and equity shall require."

MAINE

Maine has a constitutional provision encouraging education generally, with the following proviso: “Provided, That no donation, grant, or endowment shall at any time be made by the legislature to any literary institution now established, or which may hereafter be established, unless, at the time of making such endowment, the legislature of the State shall have the right to grant any further powers to, alter, limit, or restrain any of the powers vested in, any such literary institution, as shall be judged necessary to promote the best interests thereof." Public policy is reflected by the fact that tax funds for parochial school pupil transportation have been held unconstitutional. Tutions to sectarian high schools on behalf of nonresident pupils, such as the Vermont Supreme Court declared unconstitutional under the first amendment on January 3, 1961, are still in effect in Maine.

MARYLAND

Maryland has only a brief reference in its State constitution. "Sec. 3 (art 8). The school fund of the State shall be kept inviolate, and appropriated only to the purposes of education."

Pupil transportation to sectarian schools at local public expense has been held not to violate this provision, but the State has refused to supply State funds on grounds of public policy.

NORTH CAROLINA

North Carolina has what amounts in practice to a complete prohibition of public funds for sectarian schools in the following constitutional provisions: Education (art. 9):

"SEC. 4. What property devoted to educational purposes.-The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by this State or the United States; also all moneys, stocks, bonds, and other property now belonging to any State fund for purposes of education; also the net proceeds of all sales of the swamp lands belonging to the State, and all other grants, gifts or devises that have been or hereafter may be made to the State, and not otherwise appropriated by the State, or by the terms of the grant, gift or devise, shall be paid into the State treasury, and, together with so much of the ordinary revenue of the State as may be by law set apart for that purpose, shall be faithfully appropriated for establishing and maintaining in this State a system of free public schools, and for no other uses or purposes whatsoever.

"SEC. 5. County school fund-Proviso.-All moneys, stocks, bonds, and other property belonging to a county school fund; also the net proceeds from the sale of estrays: also the clear proceeds of all penalties and forfeitures and of all fines collected in the several counties for any breach of the penal or military laws of the State; and all moneys which shall be paid by persons as an equivalent for exemption from military duty, shall belong to and remain in the several counties, and shall be faithfully appropriated for establishing and maintaining free public schools in the several counties of this State: Provided, That the amount collected in each county shall be annually reported to the superintendent of public instruction.

"Annotation: This section was designed in its entirety to secure two wise ends, namely: (1) To set apart the property and revenue specified therein for the support of the public school system; and (2) to prevent the diversion of public school property and revenue from their intended use to other purposes (Boney v. Board of Trustees, 229 N.C. 136, 48 S.E. (2d) 56 (1948))."

RHODE ISLAND

Rhode Island's constitutional provision provides in Declaration of Rights (art. 1), section 3: “*** no man shall be compelled to frequent or to support any religious worship, place, or ministry whatever, except in fulfillment of his own voluntary contract; ***”

The state department of education of Rhode Island has unusually broad statutory functions covering private schools of all kinds. State law requires local school authorities to provide "the same rights and privileges as to transportation to and from (private) schools as are provided for pupils attending public schools."

TENNESSEE

Tennessee's constitution is not clear, but we are reliably informed that no public funds are used for sectarian schools as a matter of public policy in education under a 1959 law. (Tenn. Code Annotated, ch. 309, sec. 1, 49-231 (1959).) This bars tax funds for "a church sponsored, a church related, or a parochial school." This makes the public policy indelibly clear.

VERMONT

Vermont's constitution is vague, but in practice local tax funds are used for sectarian school transportation. A decision of the Vermont Supreme Court handed down on January 3, 1961, holds that the first amendment of the Federal Constitution prohibits the payment of tuition to sectarian high schools outside the district by a local school committee in a district not maintaining a public high school. The 1st amendment applies to the States through the 14th.

WEST VIRGINIA

West Virginia's public policy, developed in legal and administrative action, is opposed to public support of private education. A clear demarcation between the two is evidenced by the historical and continuing practices in the State.

The constitution states in education (art. 12, sec. 1) that "The legislature shall provide, by general law, for a thorough and efficient system of free schools." The State education code, by definition, limits the allocation of public funds to public school pupils: "Net enrollment" means the number of pupils enrolled in grades 1 through 12, inclusive, of the public schools of the county ***" (art. 9, sec. 2, ch. 18).

In an opinion of November 1951, the attorney general ruled that "a board of education can exercise no power not expressly conferred or fairly arising from necessary implications and in no other mode than that prescribed or authorized by the statute." (Honaker v. Board, 42 W. Va. 170, 173, 24 S.E. 544.)

The attorney general also ruled that "neither by implied or direct authority does it appear that a local board of education may transport private school pupils."

The only statutory provision for aid to pupils in private schools is a provision that the county board of education may provide State-adopted textbooks for the use of pupils enrolled in such schools whose parents are unable to provide the same. (W. Va. Code, ch. 18, art. 5, sec. 2-1 b.)

DR. EDGAR FULLER,

Executive Secretary, Council of Chief State School Officers,
Washington, D.C.:

Approve separation of NDEA from general bill. Support action of CCSSO on Hill bill.

THOMAS D. BAILEY, State Superintendent of Public Instruction of Florida.

DES MOINES, Iowa, May 11, 1961.

EDGAR FULLER,

Executive Secretary, Chief State School Officers,

Washington, D.C.:

A Senate bill 726: Am opposed to the merging of the Kennedy public school bill and NDEA. Approve making title 5 permanent and extending it to include

seventh grade. Section 1009 of act is one of the most important sections so far as improving education is concerned. Now spending over $100,000. Understand our tentative allotment will be in the neighborhood of $93,000. We are in a position to match more than this and need no less than tentative allotments indicated. If this works and is to be continued on a satisfactory basis it should be made permanent and restrictions on improvement and expansion should be removed. Need to know the future of NDEA as soon as possible or we are going to find it necessary to begin termination of professional employees.

PAUL F. JOHNSTON,

Superintendent, State Department of Public Instruction.

DR. EDGAR FULLER,

SALEM, OREG., May 9, 1961.

Executive Secretary, Council of Chief State School Officers,

Washington, D.C.:

We believe that the experience we have had with NDEA warrants its continuation. We regret that the program has not included English and social studies. We recognize the need for physical fitness. We favor the passage of S. 1726. LEON P. MINEAP,

Superintendent, Public Instruction.

NASHVILLE, TENN., May 12, 1961.

DR. EDGAR FULLER,

Executive Secretary, Council of Chief State School Officers,
Washington, D.C.:

Unalter

Opposed to combining NDEA and administration's public school bill. ably opposed to any changes in NDEA or any other programs in order to provide public funds to church, church-related, or parochial educational institutions at any level.

JOE MORGAN, Commissioner of Education.

HARRISBURG, PA.

Dr. EDGAR FULLER,

Executive Secretary, Council of Chief State School Officers,
Washington, D.C.:

Pennsylvania favors the expansion of NDEA with (1) an inclusion of English, (2) if possible to give the States the right to use title III money for inservice education to the extent of 10 percent, (3) that the amount in title III be not increased, (4) that the provision for preapproval be eliminated from the procedures. Pennsylvania's greatest disappointment in the proposed bill is the termination of Federal support for staff in the academic areas in title III at the end of 3 years. Apparently the bill proposes that by 1966 the Federal Government will return to the distorted and vicious pattern whereby the Federal Government encourages State staffs to serve only vocational interests and statistical services thereby attracting State matching funds in those areas at the expense of academic and general education staff services. This is not to imply that vocational aid for such services is to be discontinued for State staffs. However, for 44 years, Pennsylvania has increased its curriculum advisory staff with Federal support in the field of vocational education so that by 1956 over 80 percent of the total curriculum staff was in the field of vocational education serving less than 80 percent of the pupil population. Pennsylvania would like to see Federal aid for State staffs to be general and broad in nature and continued in the National Defense Education Act on that basis. At least 45 percent of the States will suffer immeasureably from a reduction in staff in critical academic areas after 1965. Our plea is for fiscal support for State staffs for academic and general education in an amount not less than that which is available for vocational education and statistical services.

CHARLES H. BOEHM, Superintendent of Public Instruction.

69660-61

Dr. EDGAR FULLER,

STATE OF COLORADO,
DEPARTMENT OF EDUCATION,
OFFICE OF COMMISSIONER OF EDUCATION,
Denver, May 9, 1961.

Executive Secretary, Washington, D.C.

DEAR DR. FULLER: I object to any public money being used to aid private or parochial education.

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DEAR DR. FULLER: In reply to your letter of May 5, 1961, regarding proposed Federal legislation, I reviewed the Hill bill (S. 1726) this morning, dealing with the extension of the NDEA program.

I favor the continuation of title III but am somewhat disturbed in regard to the extension of the title to include physical fitness. I would prefer that the title be expanded to include English language arts, U.S. history, government, civics, and geography.

I am not opposed to the expansion of title V to include stipends to private parochial schools as well as public schools. I favor the change which is recommended in regard to title X.

I believe that all the Federal bills should be kept separate and each should stand on its own merit. I favor the Kennedy public school bill (S. 1021). I appreciate the fine job you are doing on behalf of CCSSO.

Sincerely yours,

GEORGE T. WILKINS, Superintendent of Public Instruction.

Dr. EDGAR FULLER,

STATE OF SOUTH DAKOTA, DEPARTMENT OF PUBLIC INSTRUCTION, Pierre, May 8, 1961.

Executive Secretary, Chief State School Officers,
Washington, D.C.

DEAR DR. FULLER: Several members of our department have checked the Hill bill, S. 1726. We feel that It is basically sound and that it would be of practical benefit to our State and others of this area, as well as on a national scale.

We like the addition of “physical fitness," for it would support our thinking and, incidentally, endorse our much-needed national defense effort in improving our physical education program.

I might add that the aid-to-private-schools philosophy is not popular out here as evidenced by the very vocal opposition to it which was demonstrated when I was in the audience at the State parent-teachers' convention recently. We are appreciative of the information which you sent us in the "Report From Washington."

Cordially yours,

M. F. CODDINGTON,
State Superintendent.

A MORE COMPLETE EXPLANATION OF TITLE X, SECTION 1009: IMPROVEMENT OF STATISCAL SERVICES OF STATE EDUCATIONAL AGENCIES

One of the basic national needs in the field of education is information. This, therefore, is, and should be, a national concern involving local, State, and Federal cooperative efforts. All aspects of educational planning and management, whether at the local, State, or National levels of government, require educational information. If the information is accurate, timely, and complete, the decisions

and actions will tend to be prompt, wise, and sufficient. If, however, the educational data is inaccurate, tardy, or incomplete, education will suffer from inaction, confusion, and errors of judgment.

THE SIGNIFICANCE OF STATE STATISTICAL SERVICES

State responsibility for public education is written into the very structure of American Government. State departments of education, therefore, occupy a strategic position in the structure of American education. Since the operational responsibility for public education is vested in the respective States, the State department of education becomes the focal point in meeting local, State, and National needs for educational information.

Virtually all basic data regarding elementary education, secondary education, and other education normally conducted by State and local school systems originates in one source-the local school system. State education agencies have primary responsibilities and functions in the development and operation of services to produce data regarding elementary and secondary education and other education normally conducted by school systems and institutions and to maintain it for convenient use by those who do research or prepare end-product information.

By law and custom the State education departments have the authority and the interest to plan and control methods of recording, reporting, and consolidating educational data. Their own large and growing needs for educational information increase the validity of their role. A program of information services which adequately meets their needs for data will in so doing largely meet national needs as well. The effectiveness of any endeavor to develop a modern system of information services in education will largely depend on the part played by the State education agencies.

Thus, the State department of education, as the official State educational agency, rests squarely between the Federal Government and the local school unit in the process of obtaining and providing adequate and timely information about education. This is not to deny the Federal Government's need for educational information. The role of the Federal Government historically has been one of leadership, coordination, and data gathering. The proper fulfillment of that role was never more urgent.

Regardless of anything that may be done to insure the comparability of data originating in the 40,000 operating school districts of the United States (and much remains to be done), the individualities and peculiarities of State laws alone will preclude the advisability of the Federal Government attempting to collect any appreciable amount of basic data directly from local schools or school districts. Furthermore, many of the national needs can be satisfied by summarized data provided by the State educational agency, and in the process of summarization the data can be verified much more effectively than it could by a recipient as far removed from the source as is the Federal Government from the local district.

Recognition of the importance of the State educational agency is, therefore, not merely the result of an ethical or philosophical conjuration-it is dictated by sheer practicality and expediency if the national needs are to be met.

STATE DEPARTMENTS OF EDUCATION RECOGNIZE AND ACCEPT THEIR ROLE

Chief State school officers and their staffs, recognizing the strategic place of the State education agency in the complex of educational statistics, have also recognized and accepted the concomitant responsibilities. They recognize that an educational statistic does not exist in a vacuum-that it is about somethingabout pupils, about teachers, about classrooms, about dollars. They have also recognized that, if these statistics are to be of anything more than casual interest. terminology, definitions, and measures must be standardized so they will mean the same from district to district within a State and from State to State within the Nation.

During the past decade the Council of Chief State School Officers and other national organizations have cooperated with the Office of Education in developing precedent-making procedures for insuring desirable uniformity in defining, recording, and reporting basic educational data. This project has resulted in the publication of national handbooks on State educational information, financial accounting, and property accounting; further handbooks on pupil accounting, staff accounting, and educational program accounting are now in the process of

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