26/ ESEA Title III Annual Report

take into account the number of children and teachers in the area or
areas served by such programs who are excluded from participation
therein and who, except for such exclusion, might reasonably have
been expected to participate.

"RECOVERY OF PAYMENTS

"SEC. 308. If within twenty years after completion of any construction for which Federal funds have been paid under this title

"(a) the owner of the facility shall cease to be a State or local educational agency, or

"(b) the facility shall cease to be used for the educational and
related purposes for which it was constructed, unless the Com-
missioner determines in accordance with regulations that there is
good cause for releasing the applicant or other owner from the
obligation to do so,

the United States shall be entitled to recover from the applicant or
other owner of the facility an amount which bears to the then value of
the facility (or so much thereof as constituted an approved project or
projects) the same ratio as the amount of such Federal funds bore to
the cost of the facility financed with the aid of such funds. Such value
shall be determined by agreement of the parties or by action brought
in the United States district court for the district in which the facility
is situated.

PROBLEM

Funds are designated for use in guidance and counseling projects by the Title III legislation. For this reason, it is important that the National Advisory Council be informed about and aware of trends and needs in the guidance and counseling field.

The Title III legislation also specifies that nonpublic school children are to benefit from educational programs sponsored by Title III funds. The National Advisory Council should receive input from a representative of the nonpublic area of education in order to ascertain if this requirement of the legislation is being effectively met. Therefore, with respect to its own membership, the National Advisory Council suggests that:

• One member of the National Advisory Council should be a person who has professional competence in guidance and counseling.

• One member of the National Advisory Council should be a person representative of the nonpublic area of elementary and secondary education.

LEGISLATION

"NATIONAL ADVISORY COUNCIL

"SEC. 309. (a) The President shall appoint a National Advisory Council on Supplementary Centers and Services which shall

"(1) review the administration of, general regulations for, and operation of this title, including its effectiveness in meeting the purposes set forth in section 303;

"(2) review, evaluate, and transmit to the Congress and the President the reports submitted pursuant to section 305 (a) (2) (E);

"(3) evaluate programs and projects carried out under this title and disseminate the results thereof; and

"(4) make recommendations for the improvement of this title, and its administration and operation.

"(b) The Council shall be appointed by the President without regard to the civil service laws and shall consist of twelve members, a majority of whom shall be broadly representative of the educational and cultural resources of the United States including at least one person who has professional competence in the area of education of handicapped children. Such members shall be appointed for terms of 8 years except that (1) in the case of the initial members, four shall be

Title:

Problems and Recommendations / 27

appointed for terms of 1 year each and four shall be appointed for
terms of 2 years each, and (2) appointments to fill the unexpired
portion of any terms shall be for such portion only. When requested
by the President, the Secretary of Health, Education, and Welfare
shall engage such technical and professional assistance as may be
required to carry out the functions of the Council, and shall make avail-
able to the Council such secretarial, clerical and other assistance and
such pertinent data prepared by the Department of Health, Edu-
cation, and Welfare as it may require to carry out its functions.

"(c) The Council shall make an annual report of its findings and
recommendations (including recommendations for changes in the pro-
visions of this title) to the President and the Congress not later than
January 20 of each year. The President is requested to transmit to the
Congress such comments and recommendations as he may have with
respect to such report."

(b) In the case of any fiscal year ending prior to July 1, 1973, each State submitting a State plan under title 111 of the Elementary and Secondary Education Act of 1965 shall assure the Commissioner of Education that it will expend for the purpose described in paragraph (4) of section 303(b) of such title III an amount at least equal to 50 per centum of the amount expended by that State for the purposes of title V-A of the National Defense Education Act of 1958 from funds appropriated pursuant to such title V-A for the fiscal year ending June 30, 1970.

(c) Any appropriation for the purposes of title V of the National Defense Education Act of 1958 for any fiscal year ending after June 30, 1970, shall be deemed to have been appropriated pursuant to section 301 of the Elementary and Secondary Education Act of 1965.

(d) The amendment made by this section shall be effective with respect to fiscal years ending after June 30, 1970.

Sec. 301. (a) lines 2-4

"SEC. 301. (a) The Commissioner shall carry out a program for making grants for supplementary educational centers and services, to stimulate and assist in the provision of vitally needed educational services not available in sufficient quantity or quality, and to stimulate

Sec. 301. (a) lines 7-8

mentary and secondary school educational programs to serve as models
for regular school programs, and to assist the States in establishing
and maintaining programs of testing and guidance and counseling.
(b) For the purpose of making grants under this title, there is

Sec. 301 (b) lines 1-8

"(b) For the purpose of making grants under this title, there is hereby authorized to be appropriated the sum of $550,000,000 for the fiscal year ending June 30, 1971, $575,000,000 for the fiscal year ending June 30, 1972, and $605,000,000 for the fiscal year ending June 30, 1973. In addition, there are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and each of the succeeding fiscal years, such sums as may be necessary for the administration of State plans, the activities of advisory councils, and the evaluation and dissemination activities required under this title.

Summary/29

In Summary

In this report, the members of this Council have affirmed their belief in Title III of the Elementary and Secondary Education Act as an essential federal contribution to the improvement of American education and have made eleven recommendations for strengthening the program. They are that:

1. The title of Title III of the Elementary and Secondary Education Act be changed to read: "Title III-Innovation in Education."

II. The words "supplementary centers and services" be deleted wherever they occur in the legislation.

The words "stimulate and assist in the provision of vitally needed educational services not available in sufficient quantity or quality" be deleted from Sec. 301. (a).

The words "to assist the States in establishing and maintaining programs of testing and guidance and counseling" be deleted from Sec. 301. (a).

III. Title III of the Elementary and Secondary Education Act be extended for five years as a specific federal program to provide funds to the states to be used by them to stimulate the creation of innovative educational programs to meet identified educational needs.

IV. Funding authorizations and appropriations for Title III more nearly reflect the national need for model educational programs.

V. The words "funds may be used for the same purposes and the funding of the same types of programs previously authorized" be deleted from Sec. 303. (3) and the words "programs for testing students in the public and private elementary and secondary schools and in junior colleges and technical institutes in the state" be deleted from Sec. 303. (b)(4).

VI. Positive action be taken by the United States Office of Education to encourage participation of nonpublic school children and teachers in all Title III projects in which they are eligible to participate, and that the right of nonpublic schools to apply for Title III funds through the appropriate local education agency be protected by the states and the Office of Education. VII. The United States Office of Education, in cooperation with the ESEA Title III State Coordinators, review present policies regarding state plans and develop procedures for the annual submission of a modified document.

VIII. The United States Office of Education adopt the practice of responding in writing to recommendations of state education agencies made in annual reports and develop an annual statement that reflects the status of ESEA Title III.

IX. The United States Congress take the necessary action to insure that Section 306 of Title III is administered in compliance with the intent of the legislation, or that steps be taken to delete that Section from the legislation.

X. The State Plans Section (85%) and the Special Programs and Projects sec-
tion (15%) of Title III be administered by the Office of Education within a
single administrative unit.

XI. The United States Commissioner of Education use a portion of the Title III
Section 306 funds which are discretionary to the Commissioner to provide
funding to limited numbers of Title III projects which have developed suc-
cessful programs and practices under operational Title III grants, to enable
the projects to continue operation as models for potential adopters for a
period of one or two years after the expiration of their original federal
funding.
(Continued on page 32)

97-457 73 pt. 5 21