[S. 170, 80th Cong., 1st sess.]

A BILL To authorize the appropriation of funds to assist the States and Territories in increasing the rate of salary payments to teachers in the public elementary and secondary schools

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purpose of advancing the teaching profession in the United States by grants of aid to the States and Territories for supplementing the salaries of teachers in the public elementary and public secondary schools within the States and Territories, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1948, the sum of $600,000,000 and annually thereafter such sum or sums as may become necessary to carry out the provisions of this Act, such appropriations to be apportioned as hereinafter provided.

SEC. 2. For each public elementary and secondary school teacher paid by a State, or a political subdivision thereof, there shall be paid to said State for payment to said teacher in the usual method of salary payment a sum computed as follows:

For each $100 or fraction thereof paid by the State or political subdivision thereof up to the first $1,000 per annum, $25;

For each $100 or fraction thereof paid by the State or political subdivision thereof from $1,001 to $2,000 per annum, $15;

For each $100 or fraction thereof paid by the State or political subdivision thereof from $2,001 to $3,000 per annum, $10;

And for each $100 or fraction thereof paid by the State or political subdivision thereof from $3,001 to $4,000 per annum, $5.

SEC. 3. The United States Commissioner of Education, upon receipt from the Governor of each State or Territory of a certified list of teacher positions occupied together with the respective salary for each said position within such State, which salary is paid by said State or political subdivision thereof, shall compute the amounts to be allotted in accordance with this Act and shall certify regularly such amounts to the Secretary of the Treasury, who shall, through the Division of Disbursements of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay to the treasurer or corresponding official of such State the amount certified for each fiscal year in four equal instalments as soon after the first day of each quarter as may be feasible, beginning with the first quarter of the fiscal year for which appropriations made under the authority of this Act are available. Each such treasurer shall account for the moneys received and shall pay out such funds only on the requisition of the State educational authority: Provided, however, That none of the funds authorized by this Act shall be available to any State or political subdivision thereof that shall reduce the rate of salary or compensation paid teachers in the public elementary and public secondary schools of said State below the rates in effect as of January 1, 1947.

SEC. 4. (a) In order to meet the needs of various State systems of disbursement, the funds paid to a State from the funds appropriated under section 1 of this Áct shall be available for disbursement by that State to local public-school jurisdictions or other State public-education agencies where such agencies disburse the salary for their respective public elementary and public secondary school teachers.

(b) The funds paid to a State under this Act shall be expended only by public agencies and under public control.

SEC. 5. No department, agency, officer, or employee of the United States shall exercise any direction, supervision, or control over, or prescribe any requirements with respect to any school, or any State educational institution or agency, with respect to which any funds have been or may be made available or expended pursuant to this Act, nor shall any term or condition of any agreement or any other action taken under this Act, whether by agreement or otherwise, relating to any contribution made under this Act to or on behalf of any school or any State educational institution or agency, or any limitation or provision in any appropriation made pursuant to this Act, seek to control in any manner, or prescribe requirements with respect to, or authorize any department, agency, officer, or employee of the United States to direct, supervise, or control in any manner, or prescribe any requirements with respect to, the administration, the personnel, the curriculum, the instruction, the methods of instruction or the materials of instruction, nor shall any provision of this Act be interpreted or construed to imply or require any change in any State constitution prerequisite to any State sharing the benefits of this Act.

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SEC. 6. In order to qualify for receiving funds appropriated under this Act, a State through its Governor or executive head shall provide that the State treasurer, or corresponding official in the State, shall receive the funds paid to that State under this Act and shall report to the Congress of the United States through the United States Commissioner of Education, on or before the first day of November of each year, the amounts so received and their disbursement and provide for an audit by the State educational authority of the expenditure of funds received and apportioned to local school jurisdictions, or other State public educational agencies. SEC. 7. As used in this Act

(a) The term "State" shall include the several States, the District of Columbia, Alaska, and Hawaii, Puerto Rico, the Canal Zone, American Samoa, the Virgin Islands, and Guam.

(b) The term "State educational authority" means the chief State school officer such as the State superintendent of public instruction, commissioner of education, or similar officer as the Governor shall so designate for receiving funds under this Act.

(c) The term "Governor" means the chief executive officer except that in the District of Columbia it shall mean the President of the Board of Commissioners. SEC. 8. This Act may be cited as the "School Teachers Pay Act of 1947".

[S. 199, 80th Cong., 1st sess.]

A BILL To authorize the appropriation of funds to assist the States in more nearly equalizing educational opportunities among and within the States by establishing a national floor under current educational expenditures per pupil in average daily attendance at public elementary and secondary schools and by assistance to nonpublic tax-exempt schools of secondary grade or less for necessary transportation of pupils, school health examinations and related school health services, and purchase of nonreligious instructional supplies and equipment, including books

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, divided into two titles, may be cited as the "Education Finance Act of 1947."

DECLARATION OF POLICY

SEC. 2. The Congress hereby declares that in order to provide for the common defense and to promote the general welfare it shall be the national policy to provide for the greater equalization of educational opportunities among and within the States and Territories (a) by the establishment of a national floor under current educational expenditures per pupil in average daily attendance at all public elementary and secondary schools and (b) by the payment of not to exceed 60 per centum of the cost of providing necessary transportation of pupils, school health examinations and related school health services, and purchase of nonreligious instructional supplies and equipment, including books for pupils attending nonpublic, tax-exempt elementary and secondary schools.

TITLE I-ESTABLISHMENT OF A NATIONAL FLOOR UNDER CURRENT EDUCATIONAL EXPENDITURES, PUBLIC ELEMENTARY 'AND SECONDARY SCHOOLS

APPROPRIATION AUTHORIZED

SEC. 101. For the purpose of more nearly equalizing educational opportunities among and within the States by the establishment of a national floor under current educational expenditures per pupil in average daily attendance at all public elementary and public secondary schools, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1948, $400,000,000 or $20 per pupil in average daily attendance at such schools during 1946, whichever is greater; for the fiscal year ending June 30, 1949, $600,000,000 or $30 per pupil in average daily attendance at such schools during 1947, whichever is greater; for the fiscal year ending June 30, 1950, $800,000,000 or $40 per pupil in average daily attendance at such schools during 1948, whichever is greater; for the fiscal year ending June 30, 1951, $1,000,000,000 or $50 per pupil in average daily attendance at such schools during 1949, whichever is greater; for the fiscal year ending June 30, 1952, and each fiscal year thereafter, $1,200,000,000 or $60 per pupil in average daily attendance at such schools during the second fiscal year next preceding, whichever is greater, to be allotted to the States as set forth in section 102 hereof.

ALLOTMENT TO STATES

SEC. 102. The amounts appropriated under section 101 shall be allotted to the respective States in the ratio that the number of pupils in average daily attendance at all public elementary and public secondary schools in each such State during the second year next preceding the year for which an appropriation is made under this title bears to the total number of pupils in average daily attendance at all such schools in all the States during such year.

AVAILABILITY OF APPROPRIATIONS

SEC. 103. (a) In order to be eligible to receive funds under section 101 and section 102 of this title, a State through its legislature, shall—

(1) accept the provisions of this title and provide for the administration of funds to be received;

(2) provide that the State treasurer, or corresponding official in the State, shall be the custodian of the funds paid to the State under this title;

(3) designate or create a State educational authority having all necessary powers to determine policies under which, in accordance with the provisions of this title, the funds allotted to the States shall be distributed and expended;

(4) provide for an audit of the expenditure of Federal funds received and expended by local school jurisdictions;

(5) provide for a system of reports from local school jurisdictions to the State educational authority;

(6) provide that the State educational authority shall submit to the Commissioner such reports in such form and containing such information as he may reasonably require.

(b) In order to receive its allotment of funds under section 102 of this title—

(1) for any fiscal year, a State shall have spent for current expenses from State and local revenue sources in the second fiscal year next preceding the fiscal year for which the allotment is made an amount per pupil in average daily attendance at public elementary and secondary schools equal to or greater than the amount expended from such sources in the fiscal year ending June 30, 1946, or $100, whichever is the lesser amount;

(2) for the fiscal year ending June 30, 1950, and for any succeeding fiscal year, a State shall have spent for current expenses in each local school administrative unit from all revenue sources (including funds received under this Act) during the second next preceding fiscal year a sum per pupil in average daily attendance at the public elementary and secondary schools in such unit during such second next preceding fiscal year (A) not less than $50 in the case of the fiscal year ending June 30, 1948; (B) not less than $60 in the case of the fiscal year ending June 30, 1949; (C) not less than $70 in the case of the fiscal year ending June 30, 1950; (D) not less than $80 in the case of the fiscal year ending June 30, 1951; (E) not less than $90 in the case of the fiscal year ending June 30, 1952; and (F) not less than $100 in the case of the fiscal year ending June 30, 1953 and in the case of fiscal years ending thereafter;

(3) for the fiscal year ending June 30, 1950, and for each succeeding fiscal year, a State which maintains by law separate schools for separate population groups shall have complied with the requirements of subparagraph (2) with respect to the schools maintained for each such separate population group in each local school administrative unit.

CERTIFICATION AND PAYMENT

SEC. 104. On or before August 1 of each year the Commissioner shall certify to the Secretary of the Treasury the amounts allotted under this title to each State that has accepted its provisions and otherwise qualified under section 103 hereof to receive an allotment. The Secretary shall, through the Fiscal Service of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay to the treasurer or corresponding official of such State the amount so certified for each fiscal year in two equal installments as soon after the 1st day September and March as may be feasible, beginning with the fiscal year for which appropriations made under the authorization of this title become available. Each such treasurer shall account for the moneys received as trustee and shall pay out such funds only on the requisition of the State educational authority.

ADMINISTRATION

SEC. 105. No department, agency, officer, or employee of the United States shall exercise any direction, supervision, or control over the personnel, curriculum, or program of instruction of any school or school system to which funds have been allotted or paid under this Act.

SEC. 106. The United States Commissioner of Education, under the supervision of the Administrator, Federal Security Agency, shall be responsible for the administration of this Act; and there is hereby authorized to be appropriated annually to the Office of Education such sums as may be necessary for its efficient administration. The Commissioner shall cause an annual audit to be made of the expenditure of funds under this title by each State. If the Commissioner, after notice and hearing, finds that any portion of such funds has been used by any State in a manner contrary to the provisions of this title or has been lost or otherwise unlawfully used, he shall notify the Secretary of the Treasury, who shall withhold from the next ensuing payment to any such State an amount equal to that improperly used, lost, or unlawfully used, until such time as the State shall have replaced such amount and expended it for the purpose originally intended. The Commissioner shall include in his annual report to the Congress a full report of the administration of this Act.

SEC. 107. As used in this title

DEFINITIONS

(a) The term "State" includes the several States, the District of Columbia, Alaska, Hawaii, and Puerto Rico.

(b) The term "number of pupils in average daily attendance at public elementary and public secondary schools" means the aggregate days of attendance by pupils regularly enrolled in such schools during the school year divided by one hundred seventy-five.

(c) The term "public elementary and public secondary schools" means taxsupported elementary schools and high schools at least 90 per centum of whose pupils are in full-time attendance, and, in the case of secondary schools, at least 50 per centum of whose graduates are under eighteen years of age at the time of graduation, and which are under the control and direction of the State or a local subdivision thereof.

(d) The terms "current educational expenditures" and "current expenses" mean any and all expenditures for the operation of public elementary and secondary schools and school systems, excluding expenditures for interest, debt service, and capital outlay.

(e) The term "local school administrative unit" means a county, township, independent, or other school district which is under the administrative control and direction of a single board of education or other legally constituted local school authority.

(f) The term "State educational authority" means, as the State legislature may determine, (1) the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or (2) a board of education controlling the State department of education; except that in the District of Columbia it shall mean the Board of Education.

TITLE II-ASSISTANCE TO NONPUBLIC TAX-EXEMPT SCHOOLS OF SECONDARY GRADE OR LESS FOR NECESSARY TRANSPORTATION OF PUPILS, SCHOOL HEALTH EXAMINATIONS AND RELATED SCHOOL HEALTH SERVICES, AND PURCHASE OF NONRELIGIOUS INSTRUCTIONAL SUPPLIES AND EQUIPMENT, INCLUDING BOOKS

APPROPRIATIONS AUTHORIZED

SEC. 201. For the purpose of reimbursing nonpublic tax-exempt schools and school systems of secondary grade or less for not to exceed 60 per centum of their actual expenses incurred in providing (a) necessary transportation of pupils, (b) school health examinations and related school health services, and (c) purchase of nonreligious instructional supplies and equipment, including books, there is hereby authorized to be appropriated for the fiscal year ending June 30, 1948, and annually thereafter, the sum of $60,000,000, to be apportioned to the States in the proportion that the number of pupils attending nonpublic tax-exempt schools of secondary grade or less bears to the total number of such pupils in all the States.

60144-47-2

CERTIFICATION AND PAYMENT

SEC. 202. At the beginning of each fiscal year the Commissioner shall certify to the Secretary of the Treasury the amounts apportioned under this title to each State which has agreed to accept the provisions of this title and to disburse the funds received for the purposes set forth in section 201 to nonpublic tax-exempt schools of secondary grade or less. The Secretary shall, through the Fiscal Service of the Treasury Department and prior to audit or settlement by the General Accounting Office, pay to the treasurer or corresponding official of such State the amount so certified as soon after the 1st day of September as may be feasible, beginning with the fiscal year for which appropriations made under the authorization of this title become available. Each such treasurer shall account for the moneys received as trustee and shall pay out such funds only on the request of the State educational authority: Provided, however, That if in any State the State educational authority is not permitted by law to disburse the funds paid to it under this title to nonpublic tax-exempt schools in the State, the Secretary shall withhold the funds apportioned to any such State, said funds to be disbursed by the Secretary directly to such nonpublic tax-exempt schools and school systems of secondary grade or less as have been certified by the Commissioner to be entitled to receive the same in such States.

AVAILABILITY OF APPROPRIATIONS

SEC. 203. In order to qualify for receiving funds appropriated under section 201 hereof a nonpublic tax-exempt school or school system shall annually submit to the State educational authority, or in the case of States not permitted by law to administer the provisions of this title, to the Commissioner, (a) an application for funds in reimbursement for not to exceed 60 per centum of the actual expenditures incurred during the next preceding fiscal year for the purposes specified in section 201; (b) a report of the number of pupils in average daily attendance during the fiscal year for which the reimbursement is claimed; (c) an agreement to permit an inspection or audit of its accounts of expenditures made for the purposes specified in section 201 either by the State educational authority or by the Commissioner, as the case may be.

SEC. 204. As used in this title

DEFINITIONS

(a) The term "State" means the several States, the District of Columbia, Alaska, Hawaii, and Puerto Rico.

(b) The term "number of pupils in average daily attendance" means the aggregate days of attendance by pupils regularly enrolled in such schools during the school year divided by one hundred and seventy-five.

(c) The term "schools of secondary grade or less" means elementary schools and high schools at least 90 per centum of whose pupils are in full-time attendance and, in the case of high schools, at least 50 per centum of whose graduates are under eighteen years of age at the time of graduation.

(d) The term "nonpublic tax-exempt schools" means any private school exempt from taxation under section 101 (6) of the Internal Revenue Code, as amended.

(e) The term "State educational authority" means, as the State legislature may determine, (1) the chief State school officer (such as the State superintendent of public instruction, commissioner of education, or similar officer), or (2) a board of education controlling the State department of education; except that in the District of Columbia it shall mean the Board of Education.

(f) The term “related school health services" means services of physicians, dental hygienists, nurses, nutritionists, and similar health-service personnel emFloyed by the school authorities to provide preventative and diagnostic health services, other than actual medical, surgical, or reparative dental treatment.

[S. 472, 80th Cong., 1st sess.]

A BILL To authorize the appropriation of funds to assist the States and Territories in financing a minimum foundation education program of public elementary and secondary schools, and in reducing the inequalities of educational opportunities through public elementary and secondary schools, for the gen. eral welfare, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Educational Finance Act of 1947".