PROGRAM PLANNING AND EVALUATION SEC. 402. There are authorized to be appropriated, for each fiscal year for which appropriat ons are otherwise authorized under any title or Act referred to in section 401, such sums as may be necessary, to be available to the Secretary, in accordance with regulations prescribed by him, for expenses, including grants, contracts, or other payments for (1) planning for the succeeding year programs or projects authorized under such title or Act and (2) evaluation of programs or projects so authorized. ADVANCE FUNDING SEC. 403. To the end of affording the responsible State, local, and Federal officers concerned adequate notice of available Federal financial assistance for education, appropriations for grants, contracts, or other payments under any Act referred to in section 401 are authorized to be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation. In order to effect a transition to this method of timing appropriation action, the preceding sentence shall apply notwithstanding that its initial application under any such Act will result in the enactment in the same year (whether in the same appropriation Act or otherwise) of two separate appropriations, one for the then current fiscal year and one for the succeeding fiscal year. EVALAUTION REPORTS AND CONGRESSIONAL REVIEW SEC. 404. (a) No later than January 31 of each calendar year, the Secretary shall transmit to the respective committees of the Congress having legislative jurisdiction over any Act referred to in section 401 and to the respective Committees on Appropriations a report evaluating the results and effectiveness of programs and projects assisted thereunder during the preceding fiscal year, together with his recommendations (including any legislative recommendations) relating thereto. (b) In the case of any such program, the report submitted in the penultimate fiscal year for which appropriations are then authorized to be made for such program shall include a comprehensive and detailed review and evaluation of such program (as up to date as the due date permits) for its entire past life. based to the maximum extent practicable on objective measurements, together with the Secretary's recommendations as to proposed legislative action. AVAILABILITY OF APPROPRIATIONS ON ACADEMIC OR SCHOOL YEAR BASIS SEC. 405. Appropriations for any fiscal year for grants, contracts, or other payments to educational agencies or institutions under any Act referred to in section 401 may, in accordance with regulations of the Secretary, be made available for expenditure by the agency or institution concerned on the basis of an academic or school year differing from such fiscal year. TITLE VI-STUDY FOR SCHOOLBUS SAFETY STUDY FOR SCHOOLBUS SAFETY SEC. 601. (a) The Secretary of Health, Education, and Welfare, in cooperation with the Secretary of Transportation, is authorized to make a study and investigation in order to recommend action to promote schoolbus safety (including safety of operation), and such study may include such research and testing activities as the Secretary determines to be necessary to carry out the provisions of this title. (b) The Secretary of Health, Education, and Welfare shall report the results of such study, together with his recommendations, to the Congress not later than January 31, 1969. APPROPRIATIONS AUTHORIZED SEC. 602. There is hereby authorized to be appropriated $150,000 to carry out the provisions of this title. Legislative History 81 Stat. 815. ELEMENTARY AND SECONDARY EDUCATION ACT OF 1965, AS AMENDED THROUGH THE 90TH CONGRESS, FIRST SESSION 89th Congress—P.L. 89–10 H.R. 2362: House Report No. 143 (Committee on Education and Labor). Congressional Record, vol. 111 (1965). Mar. 24-25: Considered in House. Mar. 26: Considered and passed House. Apr. 6-8: Considered in Senate. Apr. 9: Considered and passed Senate. 89th Congress-P.L. 89-750 H.R. 13161: House Reports: No. 1814, 1814 pt. II (Committee on Education and Labor) Senate Report No. 1674 accompanying S. 3046 (Committee on Labor and Congressional Record, vol. 112 (1966): Oct. 5: Considered in House. Oct. 6: Considered and passed House. Oct. 5, 6: S. 3046 considered and passed Senate. Oct. 7: Considered and passed Senate, amended, in lieu of S. 3046. Oct. 19: Senate agreed to conference report. Oct. 20: House agreed to conference report. 90th Congress-P.L. 90-247 H.R. 7819: House Reports: No. 188 (Committee on Education and Labor) and No. 1049 (Committee of Conference). Senate Report No. 726 (Committee on Labor and Public Welfare). Congressional Record, vol. 113 (1967): May 22-24: Considered and passed House. Dec. 1, 4-8, 11: Considered and passed Senate amended. Dec. 15: House and Senate agreed to conference report. 2. FINANCIAL ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES IN AREAS AFFECTED BY FEDERAL ACTIVITIES AND FOR THE EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES, AS AMENDED THROUGH THE 90TH CONGRESS, FIRST SESSION* Enacted on September 30, 1950, as P.L. 874, 81st Congress (64 Stat. 1100). Amended on July 31, 1953, by P.L. 170, 83d Congress, (67 Stat. 246); on August 8, 1953, by P.L. 248, 83d Congress, (67 Stat. 530); on August 31, 1954, by P.L. 732, 83d Congress, (68 Stat. 1006); on August 1, 1955, by P.L. 204, 84th Congress, (69 Stat. 433); on August 4, 1955, by P.L. 221, 84th Congress, (69 Stat. 485); on August 12, 1955, by P.L. 382, 84th Congress (69 Stat. 713); on August 1, 1956, by P.L. 896, 84th Congress, (70 Stat. 908); on August 4, 1956, by P.L. 949, 84th Congress, (70 Stat. 968); on August 12, 1958, by P.L. 85-620, (72 Stat. 548); on September 2, 1958, by P.L. 85-900, (72 Stat. 1726); on June 25, 1959, by P.L. 86-70, (73 Stat. 141); on May 6, 1960, by P.L. 86-449, (74 Stat. 86); on July 12, 1960, by P.L. 86-624, (74 Stat. 411); on October 3, 1961, by P.L. 87-344, (75 Stat. 759); on October 16, 1964, by P.L. 88-665, (78 Stat. 1100); and on April 11, 1965, by P.L. 89-10, (79 Stat. 27); on July 21, 1965, by P.L. 89-77, (79 Stat. 243); on November 1, 1965, by P.L. 89-313, (79 Stat. 1158); on November 3, 1966, by P.L. 89-750, (80 Stat. 1191); and on January 2, 1968, by P.L. 90-247 (81 Stat. 783). AN ACT To provide financial assistance for local educational agencies in areas affected by Federal activities, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I-FINANCIAL ASSISTANCE FOR LOCAL EDUCATIONAL AGENCIES IN AREAS AFFECTED BY FEDERAL ACTIVITY DECLARATION OF POLICY SECTION 1. In recognition of the responsibility of the United 20 U.S.C. 236. States for the impact which certain Federal activities have on the local educational agencies in the areas in which such activities are carried on, the Congress hereby declares it to be the policy of the United States to provide financial assistance (as set forth in the following sections of this title) for those local NOTES.-Section 111(f) of Public Law 89-750 provides for coordination of the programs of Acts amended by Public Law 89-750 as follows: "In administering the provisions of this Act and any Act amended by this Act, the Commissioner shall consult with other Federal departments and agencies administering programs which may be effectively coordinated with programs carried out pursuant to such Acts, and to the extent practicable for the purposes of such Acts shall (1) coordinate such programs on the Federal level with the programs being administered by such other departments and agencies and (2) require that effective procedures be adopted by State and local authorities to coordinate the development and operation of programs and projects carried out under such Acts with other public and private programs having the same or similar purposes, including community action programs under title II of the Economic Opportunity Act of 1964." **Section 2 of Public Law 90-247 sets guidelines for the administration of programs of Acts amended by Public Law 90-247 as follows: "Rules, regulations, guidelines, or other published interpretations or orders issued by the Department of Health, Education, and Welfare or the United States Office of Education, or by any official of such agencies, in connection with, or affecting, the administration of programs author 20 U.S.C. 237. 81 Stat. 813. 81 Stat. 808. 20 U.S.C. 821 nt. 81 Stat. 787. educational agencies upon which the United States has placed financial burdens by reason of the fact that (1) the revenues available to such agencies from local sources have been reduced as the result of the acquisition of real property by the United States; or (2) such agencies provide education for children residing on Federal property; or (3) such agencies provide education for children whose parents are employed on Federal property; or (4) there has been a sudden and substantial increase in school attendance as the result of Federal activities. FEDERAL ACQUISITION OF REAL PROPERTY SEC. 2. (a) Where the Commissioner, after consultation with any local educational agency and with the appropriate State educational agency, determines for any fiscal year ending prior to July 1, 1970 (1) that the United States owns Federal property in the school district of such local educational agency and that such property (A) has been acquired by the United States since 1938, (B) was not acquired by exchange for other Federal property in the school district which the United Sta tes owned before 1939, and (C) had an assessed value (det ermined as of the time or times when so acquired) aggregating 10 per centum or more of the assessed value of all real property in the school district (similarly determined as of the time or times when such Federal property was so acquired); and (2) that such acquisition has placed a substantial and continuing financial burden on such agency; and (3) that such agency is not being substantially compensated for the loss in revenue resulting from such acquisi ized by this Act or by any Act amended by this Act shall contain immediately following each substantive provision of such rules, regulations, guidelines, interpretations, or orders, citations to the particular section or sections of statutory law or other legal authority upon which such provision is based. All such rules, regulations, guidelines, interpretations, or orders shall be uniformly applied and enforced throughout the fifty States." **** Section 182 of Public Law 89-750 as amended by section 112 of Public Law 90–247 provides for compliance with the Civil Rights Act of 1964 as follows: "The Commissioner of Education shall not defer action or order action deferred on any application by a local educational agency for funds authorized to be appropriated by this Act, by the Elementary and Secondary Education Act of 1965, by the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), by the Act of September 23, 1950 (Public Law 815, Eighty-first Congress), or by the Cooperative Research Act, on the basis of alleged noncompliance with the provisions of title VI of the Civil Rights Act of 1964 for more than sixty days after notice is given to such local agency of such deferral unless such local agency is given the opportunity for a hearing as provided in section 602 of title VI of the Civil Rights Act of 1964, such hearing to be held within sixty days of such notice, unless the time for such hearing is extended by mutual consent of such local agency and the Commissioner, and such deferral shall not continue for more than thirty days after the close of any such hearing unless there has been an express finding on the record of such hearing that such local educational agency has failed to comply with the provisions of title VI of the Civil Rights Act of 1964; Provided, That, for the purpose of determining whether a local educational agency is in compliance with title VI of the Civil Rights Act of 1964 (Public Law 88-352), compliance by such agency with a final order or judgment of a Federal court for the desegregation of the school or school system operated by such agency shall be deemed to be compliance with such title VI, insofar as the matters covered in the order or judgment are concerned. ***Section III of Public Law 90-247 provides for a study of the impact of children living in public housing as follows: "The Secretary of Health, Education, and Welfare shall make a study of the burden imposed on a local educational agency by the presence of low-rent public housing within the boundaries of its school district. The Secretary shall submit a report on the results of his study to the Senate and House of Representatives on or before May 15, 1968. Such report shall include such recommendations for legislation as the Secretary deems appropriate." |