he is also authorized to make these facilities available to Sec. children whose parents are there employed by the United States, if he first determines that this is appropriate in carrying out the provisions of the law and that no local educational agency is able to provide suitable education for such children. 4. Restrictions. The Commissioner of Education may 241 (d) make the authorized arrangements only with the head of the Federal department or agency administering the property, or in the case of children of members of the Armed Forces, with the head of the Federal department or agency that has jurisdiction over some or all such children. Further, the arrangements are to be made only for the provision of education in the facilities of a local educational agency or in those located on Federal property, except as to the education of children whose parents are in the Armed Forces. 5. Total and duration of authorization; limitations on 241 (e) payments. The law authorizes no specific total of funds to be used, and does not limit the effectiveness of such general authorization to any specific period. Payments made pursuant to the arrangements of the Commissioner of Education are limited to a per pupil rate that does not exceed that provided within the State for free public education; for facilities provided outside the continental United States, Alaska, or Hawaii, it may not exceed the per pupil rate as it is provided in the District of Columbia. bia. G. Prime limitations on the use of the funds, or in the making of "arrangements” 1. By definition of the term "current expenditures," 244 (5) funds paid to a local educational agency are restricted to uses other than the acquisition of land, the erection of facilities, the payment of interest, or debt service. 2. Arrangements made by the Commissioner of Edu- *241 (a) cation to provide facilities for the education of children. residing on Federal property, when the local educational agency cannot provide such facilities, are also so limited. (See section F1, above.) H. Administration of the law 242(c) The Commissioner of Education is charged with the 242(b) administration of the law, and he must annually report to Congress on such administration. He is authorized to make regulations and perform functions as he finds 242(b) necessary to carry out the provisions of the law; but the law prohibits any agency, officer, or employee of the United States from exercising any direction, supervision or control over the personnel, curriculum, or program of instruction of any school or school system. Pursuant to proper agreements with any other Federal department or 243 (a) agency, he is authorized to utilize the services and facilities of such departments and agencies, to delegate to offi- 243 (b) Sec. 243 (c) 243 (d) 244 (1) cers or employees of these the function of arranging for 1. Whatever portion of the funds appropriated to any other department or agency for the same purposes as this law are to be transferred to the Commissioner of Education for use by him in carrying out such purposes; the Director of the Bureau of the Budget is to determine when such transfers are to be made. 2. No appropriations to any department or agency are to be made available for the employment of teaching personnel, or for payments to any local educational agency for the free public education of children, except as authorized by this law, or in respect to Federal property under the control of the Atomic Energy Commission, the Bureau of Indian Affairs, or for property purchased or transferred to the Atomic Energy Commission. (See 42 U.S.C. sec. 2391 (1958).) J. Definitions of essential terms 1. The term "Federal property" means real property which is owned or leased by the United States, and which is not subject to taxation by any State or political subdivision, or by the District of Columbia, including such property owned by the United States but occupied by another under a lease agreement with the United States. The term also includes: (a) real property held in trust by the United States for individual Indians or Indian tribes, or as held by them but subject to restrictions on alienation imposed by the United States (but not for the purposes of the provisions of the law as are dealt with in section F, above); (b) for the period of one fiscal year after the sale or transfer by the United States, any housing property considered prior to such sale or transfer to be Federal property; and (c) 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 to a State or political subdivision of a State. But, the term does include (a) any real property used by the United States primarily for the provision of services or benefits to the local area in which the property is located; (b) any real property used for a labor supply center, labor home, or labor camp for migratory farm workers; (c) any real propety under the jurisdiction of the Post Office Department and used primarily for the provision of postal services; or (d) any low-rent housing project held under title II of the National Industry Recovery Act [terminated by 56 Stat. 410 (1943)], the Emergency Relief Appropriation Act of Sec. 2. The term "child" means any child who is within the 244 (2) age limits for which the State concerned provides free public education. 3. The term "parent" includes a legal guardian or person acting as a parent or guardian. 244 (3) 244 (4) 4. The term "free public education" means education which is provided at public expense, under public supervision and direction without tuition charge, as either public or secondary school education in the State concerned. 5. The term "local educational agency" means a board 244(6) of education or similar local school authority having administrative control and direction of free public education in a county, township, independent of other school districts located within the State; the term includes any State agency which directly operates and maintains facilities for providing free public education. 6. The term "State educational agency" means the of- 244 (7) ficer or agency primarily responsible for the State supervision of public elementary and secondary schools. 7. The term "State" means a State, Puerto Rico, Wake *244 (8) Island, Guam, or the Virgin Islands. 8. "Average daily attendance" is as it is determined 244 (10) by State law, except that where the local educational agency contracts to pay tuition to another school district for attendance of a child residing within the agency's district, attendance is determined as being at the district of the agency paying the tuition. SCHOOL CONSTRUCTION IN AREAS AF- Public Law 815 (1950); Public Law 85-620; Public Law 86-70; "(T)o provide assistance for the construction of urgently needed minimum school facilities in school districts which have had substantial increases in school membership as a result of new or increased Federal activities." B. Authorization of appropriations; apportionment of appropriations according to intended use 1. Total and duration. 631 632 The law authorizes the annual appropriation of such sums as Congress may determine to be necessary to fulfill the purpose of the law. The authorization is not limited in duration; however, payments by the Com- 33 missioner of Education are authorized only until June 635 (a) (1) Bec. 632 639 640 632 638 632 634 30, 1963, on account of the school attendance of all types of children except those who reside on Federal property with a parent employed on Federal property. 2. Apportionment of appropriations according to intended use of the funds. Of the total appropriation, the Commissioner of Education is first to determine the portion to be made available (1) to provide temporary facilities or make payments for the construction of facilities, to local educational agencies as necessary to assure the free public education of children whose membership in schools of the agency, except for its temporary nature would make the agency eligible for financial assistance under other provisions of the law, and (2) for making arrangements for the construction or provision of facilities for children resident on Federal property, and for whom the local educational agency can not provide free public education. [The first of these types of assistance, (1) above, is treated at section 3, below; the latter, (2) above, is treated at section E, below.] The remainder of the appropriated funds are to be available for paying to local educational agencies the Federal share of the cost of projects for the construction of school facilities for which applications have been made and approved. However, no more than ten percent of the annual appropriation may be used to make payments to local educational agencies whose need for additional aid is the most urgent and acute. [Assistance for this purpose is treated at section D2, below.] 3. Independent and separate authorization of appropriations for certain agencies. A separate and independent authorization of the appropriation of such sums as are necessary, but not to exceed $60 million, for each fiscal year ending prior to July 1, 1963, is embodied in the law to assist in providing minimum school facilities for certain agencies. Eligibility and other conditions and terms of payment for this assistance are set out independently in the law and are covered at section D4, below. C. The Federal share of the cost of any project The Commissioner of Education is to pay to local educational agencies the Federal share of the cost of projects for the construction of school facilities for which applications have been approved. The Federal share of the cost is to be equal to, and not exceed the cost of constructing minimum school facilities in the school district of the agency which is applying; such cost also may not exceed the cost of constructing minimum school facilities for the estimated number of children who will be in the membership of the schools of the agency at the close of an "increase period," and who will otherwise be without such facilities at that time. In determining the number of children who are otherwise without facilities, reference Seo. D. Financial assistance for construction of facilities to Local educational agencies may qualify for financial assistance in one or more of four ways. Each of these is set out below according to the conditions required to become eligible and receive payment. 1. Determination by categories concerning the relation of children to Federal property or activities. a. The categories. The following are the three categories as specified in the provisions of the law. For purposes of this analysis only they are called Category A, B, and C. Where two or more of the categories are applicable to a child, the local educational agency is to elect which of the categories is to be applied to the child. (1) "Category A". Children residing on Federal 635 (a) (1) property with a parent employed on Federal property which is located in whole or in part in the same State as the school district of a local educational agency, or within reasonable commuting distance from such school district. Included in this category are children who 635 (a) (2) 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, but who was later assigned elsewhere on active duty, so long as the parent is so assigned. (2) "Category B". Children residing on Federal 635 (a) (2) property, or who reside with a parent who is employed on Federal property situated in whole or in part in the same State as the school district of a local educational agency, or within reasonable commuting distance from such school district. Included in this category are children 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, but who was later assigned elsewhere on active duty, so long as the parent is so assigned. (3) "Category C". Children whose membership 635 (a) (3) in the local educational agency's schools results directly from activities of the United States which are carried on either by the United States or through a contractor. Activities of the United States carried on in connection with real property which is excluded from the definition of Federal property are not to be considered as activities of the United States for purposes of this category. (See section below dealing with definitions.) b. Requirements for eligibility of the local educational agency. 91874-63-3 |