who are available among the States in accordance with paragraph (2). "(2) Not to exceed 2 per centum of the number of members Infra. of the Teacher Corps who are available shall be allocated to Puerto Rico and the Virgin Islands according to their respective needs. The remainder of such number of Teacher Corps members shall be allocated among the States so that the number of members available to any State shall bear the same ratio to the number being allocated as the number of children enrolled in the public and private elementary and secondary schools of that State bears to the total number of children so enrolled in such schools in all of the States. The number of children so enrolled shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him. For purposes of this subsection, the term 'State' shall "State." not include Puerto Rico or the Virgin Islands. "(3) If the Commissioner determines that a State will not require the number of Teacher Corps members allocated to it under paragraph (2), he shall, from time to time, reallot the number not required, on such dates as he may fix, to other States in proportion to the original allocation to such States under paragraph (2), but with such proportionate number for any of such other States being reduced to the extent it exceeds the number the Commissioner determines such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallocated among the States whose proportionate numbers were not so reduced." (f) The first sentence of section 513(c) (2) of such Act is amended by striking out "2 per centum" and inserting in lieu thereof "3 per centum", and by striking out "Puerto Rico, and the Virgin Islands" and inserting in lieu thereof "Puerto Rico, the Virgin Islands, and elementary and secondary schools operated for Indian children by the Department of the Interior,". 20 USC 1104. (g) (1) Section 514(a) of such Act is amended by striking out Compensation. paragraphs (1), (2), and (3), and inserting in lieu thereof the following: "(1) an experienced teacher who is leading a teaching team shall be compensated at a rate agreed to by such agency and the Commissioner; and "(2) a teacher-intern shall be compensated at a rate which is equal to the lowest rate paid by such agency for teaching full time in the school system and grade to which the intern is assigned, or $75 per week plus $15 per week for each dependent, whichever is less." (2) The amendment made by this subsection shall not apply to any person enrolled in the Teacher Corps before the date of enactment of this Act. (h) Section 515 of such Act is amended by adding at the end thereof the following new subsection: "(d) Members of the Teacher Corps shall not be eligible to receive payment of a student loan under title II of the National 79 Stat. 1257. 20 USC 1105. 72 Stat. 1583. 79 Stat. 1232. 20 USC 1061–1069. 20 USC 1101-1107. 81 Stat. 88. Ante, p. 87. Defense Education Act of 1958 or of an educational opportunity grant under title IV of this Act." (i) Part B of title V of such Act is amended by adding at the end thereof the following new section: "TEACHING CHILDREN OF MIGRATORY AGRICULTURAL WORKERS "SEC. 517A. For purposes of this part the term 'local educational agency' includes any State educational agency or other public or private nonprofit agency which provides a program or project designed to meet the special educational needs of migratory children of migratory agricultural workers, and any reference in this part to (1) teaching in the schools of a local educational agency includes teaching in any such program or project and (2) migratory children of migratory agricultural workers' shall be deemed to continue to refer to such children for a period, not in excess of five years, during which they reside in the area served by the local educational agency." NEW SUBPART ADDED TO PART B OF TITLE V OF THE HIGHER SEC. 4. Part B of title V of the Higher Education Act of 1965 is amended by inserting at the end thereof (after the section. added by section 3 (i) of this Act) the following: "Subpart 2-Attracting and Qualifying Teachers to Meet Critical Teacher Shortages "APPROPRIATIONS AUTHORIZED "SEC. 518. (a) The Commissioner shall carry out during the fiscal year ending June 30, 1969, and the succeeding fiscal year, a program for making grants to States to enable them to support the efforts of local communities experiencing critical teacher shortages to (1) attract to teaching persons in the community who have been otherwise engaged and to provide them, through short-term intensive training programs and subsequent in-service training, with the qualifications necessary for a successful career in teaching, and (2) obtain the services of teacher aides and provide them with the necessary training with a view to increasing the effectiveness of classroom teachers. "(b) For the purpose of making grants under this subpart, there are hereby authorized to be appropriated the sum of $50,000,000 for the fiscal year ending June 30, 1969, and $65,000,000 for the fiscal year ending June 30, 1970. "ALLOTMENT TO STATES "SEC. 519. (a) From the sums appropriated pursuant to section 518(a), the Commissioner shall reserve such amount, but not in excess of 3 per centum thereof, as he may determine and shall allot such amount among Puerto Rico, Guam, American Samoa, the Virgin Islands, the Canal Zone, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this subpart. From the remainder of such sums, the Commissioner shall allot to each State an amount which bears the same ratio to the total of such sums as the number of children enrolled in the public and private elementary and secondary schools of that State bears to the total number of children so enrolled in such schools in all of the States. The number of children so enrolled shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him. For purposes of this subsection, the term 'State' shall not include the Common- "State." wealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Canal Zone, and the Trust Territory of the Pacific Islands. "(b) The amount of any State's allotment under subsection (a) for any fiscal year which the Commissioner determines will not be required for such fiscal year shall be available for reallotment from time to time, on such dates during such year as the Commissioner may fix, to other States in proportion to the original allotments to such States under susbection (a) for that year but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amounts reallotted to a State under this subsection during a year from funds appropriated pursuant to section 519 shall be deemed part of its allotment under subsection (a) for such year. "STATE PLANS "SEC. 520. (a) Any State which desires to receive grants under this subpart shall submit to the Commissioner, through its State educational agency, a State plan, in such detail as the Commissioner deems necessary, which "(1) designates the State educational agency as the sole State agency for administration of the State plan; "(2) sets forth a program under which funds paid to the State from its allotment under section 520 will be expended solely for (A) programs of local educational agencies to attract to teaching, persons in the community who have been otherwise engaged and to provide short-term intensive training and subsequent in-service training to qualify such persons for teaching, (B) programs of such agencies to obtain the services of teacher aides and to provide them with the preservice or in-service training they need to perform their duties as teacher aides, and (C) administration of the State plan, except that the amount used for administration of the State plan for any fiscal year shall not exceed an amount equal to 3 per centum of the amount paid to the State under this subpart for that year; "(3) provides assurance that every local educational agency whose application for funds under the plan is 81 Stat. 89. Records. denied will be given an opportunity for a fair hearing before the State educational agency; "(4) sets forth the policies and procedures to be followed in allocating Federal funds to local educational agencies in the State, which policies and procedures shall ensure that such funds will be allocated to local educational agencies having the most urgent need for teachers and teacher aides; "(5) provides that training under a program described in paragraph (2) (A) will be provided only to persons who will, upon completion of their short-term training, have the qualifications for teaching in elementary or secondary schools in the community, and that training under a program described in paragraph (2)(B) will be provided only to persons who show promise of being able with appropriate training to serve competently as a teacher aide; "(6) provides assurances that not more than one-third of the sums expended under this Act will be used to support programs described in paragraph (2)(B); "(7) provides assurance that no person will be denied admission to training programs carried on under this subpart because he is preparing to teach or serve as a teacher aide in a private school; "(8) sets forth policies and procedures designed to assure that Federal funds made available under this subpart for any fiscal year will be so used as to supplement, and not supplant, funds which are available from State or local sources for purposes for which grants may be made under this subpart; "(9) sets forth such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of, and accounting for, Federal funds paid to the State (including any such funds paid by the State to any other public agency) under this subpart; and "(10) provides for making such reports, in such form and containing such information, as the Commissioner may reasonably require to carry out his functions under this subpart, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports. "(b) The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsection (a). "PAYMENTS TO STATES "SEC. 520A. From the amounts allotted to each State under section 519 the Commissioner shall pay to that State an amount equal to the amount expended by the State in carrying out its State plan. Such payments may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. "ADMINISTRATION OF STATE PLANS "SEC. 520B. (a) The Commissioner shall not finally disapprove any State plan submitted under this subpart or any modification thereof, without first affording the State educational agency reasonable notice and opportunity for a hearing. "(b) Whenever the Commissioner, after reasonable notice and opportunity for hearing to such State agency, finds (1) that the State plan has been so changed that it no longer complies with the provisions of section 520(a), or (2) that in the administration of the plan there is a failure to comply substantially with any such provisions, the Commissioner shall notify such State agency that the State 81 Stat. 90. will not be regarded as eligible to participate in the program under this subpart until he is satisfied that there is no longer any such failure to comply. "JUDICIAL REVIEW "SEC. 520C. (a) If any State is dissatisfied with the Commissioner's final action with respect to the approval of its State plan submitted under section 520 (a) or with his final action under section 520B (b), such State may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located a petition for review of that action. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. "(b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(c) The court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code." EXTENDING TEACHER FELLOWSHIP PROGRAM TO INCLUDE GRADU- 72 Stat. 941. 62 Stat. 928. 20 USC 1111 SEC. 5. (a) The heading of part C of title V of the Higher Education Act of 1965 is amended by inserting "AND RE- 79 Stat. 1258. LATED EDUCATIONAL PERSONNEL" after "FELLOWSHIP FOR 1118. TEACHERS". (b)(1) The first sentence of section 521 of the Higher Education Act of 1965 is amended (A) by striking out "elementary and secondary schools" and inserting in lieu thereof "schools" |