An article in the New York Times for January 12, 1968, commented in part: While other Great Society programs struggled for their very existence last year, Federal aid to education continued to ride the crest of the Congressional popularity wave. If there had been any doubt that Federal aid to education was here to stay, Congress firmly dispelled any such idea by giving the Johnson Administration nearly all it asked and much that it had not. Educational programs *** won strong bipartisan support. By the end of the long, trying session, Congress had poured nearly $3.9 billion for the current fiscal year into programs administered by the United States Office of Education97 per cent of the money sought by the Administration. And the future appears even brighter. Without even an Administration request, Congress agreed to authorize a $9.3 billion extension of the elementary and secondary school program for two years beyond next July 1. This sum is significantly larger than the two-year $6.1 billion authorization approved in 1966 for the period ending next June 30. The bulk of the money, in the future as now, will go to schools that have substantial numbers of pupils from low-income families. Funds will also continue to be earmarked for the purchase of textbooks and library materials, for supplementary educational centers and for strengthening state departments of public instruction.' C. DIGEST OF THE ACT Following is a summary of Public Law 90-247. The act requires that all rules, guidelines, etc., issued by the Department of Health, Education, and Welfare affecting the administration of this act shall contain citations to the legal authority upon which they are based. Requires that all such rules, guidelines, etc., shall be uniformly applied and enforced throughout the United States. Stipulates that compliance with title VI of the Civil Rights Act is met by compliance with a court desegregation order or decision. Title I: The act provides that if funds allocated for aid to education of children from low-income families (title I, ESEA) are insufficient to pay to all local educational agencies the maximum of their entitlement (based on the formula of (a) the number of children in the district from families with incomes below $3,000 and (b) the State's average per-pupil expenditure for education or the national average expenditure, whichever is higher) the following priorities shall be observed: (1) State agency programs for the handicapped, migratory children, and neglected and delinquent children in institutions shall be allocated their maximum grants without any ratable reduction; (2) grants to local agencies shall be computed in accordance with the formula contained in the basic law but subject to two exceptions(a) the family low-income factor shall be $2,000 until appropriations are sufficient to satisfy all maximum grants as computed by using that factor (thereafter the factor shall be $3,000), and (b) the aggregate amount allocated to each local agency shall in no event be less than it received in fiscal 1967, until such time as total appropriations for this purpose in the fiscal year being computed exceed $1,500 million; (3) grants to State agencies for administrative expenses shall be 1 percent of the aggregate amounts available within the State under the provisions of (1) and (2) above, with a minimum of $150,000 to every State. Hunter, Marjorie. Aid bills receive a 97 from Congress. New York Times, Jan. 12, 1968. The act establishes at a cost not to exceed $50 million a year a new program of special incentive grants to be distributed among those States which exceed the national effort index by spending proportionately more on education than the national average. Such payments, may not in the case of any State exceed 15 percent of the total amounts appropriated for this purpose in any year. The act adds technical and conforming amendments to title I to bring migrant, neglected and delinquent children formula factors into conformity with the other title I programs. It increases from $75,000 to $150,000 the dollar limitation for State administrative expenses. It authorizes joint training programs for title I ESEA education aids and professional staff. It requires that caseload data used in the computation of the formula be that of the month of January for the preceding fiscal year. It authorizes studies by the Secretary of Health, Education, and Welfare to set forth the impact upon educational systems of children living in public housing units, and by the Commissioner of Education and the Secretary of Commerce to set forth recommendations concerning methods of calculating entitlements under title I for future years. It extends for a 2-year period expiring provisions of the school library title of ESEA relating to schools for Indian children and Department of Defense overseas dependent schools. Revision of Title III, ESEA: The act changes the programs for supplementary educational centers and services from a Federal to a State plan, State grant operations beginning in 1969. Requires that State plans be approved by the Commissioner and that 15 percent of funds appropriated be used for handicapped children. Provides that after fiscal 1969 all funds under this program shall go to the State agency, but that during 1969 the Commissioner may distribute up to 25 percent to local agencies for special projects. Amendments to Title V: The act amends the provisions for strengthening State educational agencies, effective in 1969, by decreasing the percentage of appropriations available for special project grants from 15 to 5 percent and requiring States to make 10 percent of their appropriation available to local educational agencies for such purpose. Authorizes a new 4-year program of grants to States for comprehensive and continuing educational planning. Amendments to Title VI, ESEA: The act makes local agencies in combination with State agencies or institutions of higher education, eligible for grants and contracts in the program of Regional Resource Centers for improvement of the education of handicapped children. Authorizes grants and contracts to public or nonprofit private agencies to establish and operate centers for deaf-blind children. Authorizes allotments to the Department of the Interior for handicapped children on reservations. Provides a minimum allotment to States of $100,000. Raises the authorization for the captioned film program. Authorizes the Commissioner to conduct research, surveys, and demonstrations relating to the education of handicapped children. Amendments to Title VII, ESEA: The act adds to the present program for the dissemination of information a new program of technical assistance to rural areas. Establishes a new program for demonstration projects to prevent school dropouts. Title II Federally Affected Areas (Public Laws 815 and 874): The act makes amendments to: (1) clarification of definitions, (2) effective date provisions, (3) administration proposals modifying provisions relating to school construction assistance on Indian lands under Public Law 815; (4) deletion from Public Law 874 of provisions requiring that certain contributions be deducted from entitlements under that act; (5) the Chamizal international boundary change; (6) repeal of provisions requiring the use by States of mandatory group rate provisions under Public Law 874, and (7) providing the Commissioner of education with discretionary authority to waive certain requirements of Public Law 815. The act extends the provisions of the School Disaster Act for a 3-year period and expands its loan program to provide for replacement of school facilities in communities which suffer pinpoint disasters such as fire (other than negligence or intentionally caused), flood, hurricane, earthquake, storm, or other catastrophe even though the local community has not been designated a major disaster area. Title III Duration of Programs and Authorization for Certain Programs: Extends title I, ESEA, through fiscal 1970. Extends title II, ESEA, for 2 years with authorizations of $62.5 million for fiscal 1969 and $200 million for fiscal 1970. It authorizes for title III, ESEA, $500 million for fiscal 1968 and $550 million for fiscal 1969. Extends title V, ESEA, for 2 years with authorization of $65 million for fiscal 1968 and $80 million each year for fiscal 1969 and 1970. Extends title VI, ESEA, for 2 years with authorizations of $162.5 million for fiscal 1969 and $200 million for fiscal 1970. The act extends the temporary provisions of Public Law 815 (81st Congress) for 3 years through fiscal 1970. Extends Public Law 874 (81st Congress) for 3 years through fiscal 1970. Title IV Planning and Evaluation: The act directs the Secretary of Health, Education, and Welfare to plan for programs in succeeding years and to evaluate present programs. Requires the Secretary to transmit a report on the results of the evaluation to the legislative and appropriation committees in Congress no later than January 31 of each calendar year. The act authorizes funds for elementary and secondary education programs to be appropriated 1 year in advance of the year in which they will be obligated. Makes provision for grants or payments to educational institutions or agencies on the basis of academic years when such years are different from fiscal years. Title V Adult Education: The act provides a minimum allotment to each State of $100,000 under the Adult Education Act. Extends the act through fiscal 1970 and authorizes appropriations of $70 million for fiscal 1969 and $80 million for fiscal 1970. Allows participation of private nonprofit agencies and removes the expiration date for the 90-percent Federal share. Title VI Demonstration Projects and Study for Schoolbus Safety: The act authorizes the Secretary of Transportation to make arrangements for: (1) a study of minimum safety standards for the operation of schoolbuses and (2) demonstration projects for such study. Authorizes $150,000 to be appropriated for such purpose. Title VII Bilingual Education Programs: The act adds a new title VII to the Elementary and Secondary Education Act to authorize a 81 Stat. 783. program of grants to assist local agencies in planning and operating programs to meet the special educational needs of children with limited English-speaking ability. Authorizes the appropriation of $30 million in fiscal 1969 and $40 million in fiscal 1970 for such purpose. The act amends the Higher Education Act (title V) and authorizes additional appropriations to provide for graduate fellowships for training in bilingual education. Amends the National Defense Education Act (title XI) and authorizes additional appropriations to enable teachers who are teaching or preparing to teach in bilingual programs to attend advanced study institutes. D. TEXT OF THE ACT Following is the text of Public Law 90-247: AN ACT To strengthen, improve, and extend programs of assistance for elementary and secondary education, 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 Secondary Education Act may be cited as the "Elementary and Secondary Education Elementary and Amendments of 1967. Amendments of 1967". 80 Stat. 1191. 20 USC 241c. ADMINISTRATION SEC. 2. 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 authorized 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. TITLE I—AMENDMENTS TO THE ELEMENTARY PART A-AMENDMENTS TO TITLE I OF ELEMENTARY AND PROVISIONS RELATING TO SCHOOLS FOR INDIAN CHILDREN SEC. 101. The third sentence of section 203 (a) (1) (A) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "June 30, 1967," and inserting in lieu thereof "June 30, 1968, and the fiscal year ending June 30, 1969,". RAISING THE DOLLAR LIMITATION FOR STATE ADMINISTRATIVE SEC. 102. Effective for fiscal years beginning after June 30, 1967, section 207(b) (2) of the Act of September 30, 1950 (Public Law 874, Eighty-first Congress), is amended by striking out "$75,000" and inserting in lieu thereof "$150,000". TECHNICAL CORRECTIONS WITH RESPECT TO PAYMENTS ON 79 Stat. 1162. 20 USC 241g. 80 Stat. 1193. SEC. 103. (a) The first sentence of section 203 (a) (2) of the Act of September 30, 1950 (Public Law 874, Eighty-first 79 USC. 28; Congress), is amended by inserting "(other than such institutions operated by the United States)" immediately after "living in institutions for neglected or delinquent children", and by striking out "paragraph (5)" and inserting in lieu thereof "paragraph (7)”. (b) Section 205(c)(1)(C) of such Act is amended by striking out "(8)" and inserting in lieu thereof "(11)". (c) Section 206(a)(3) and section 207(b) of such Act are each amended by striking out "section 205(a) (5)" and inserting in lieu thereof "section 205(a) (6)”. CONFORMING AMENDMENTS TO MAKE STATE OR NATIONAL AVER- 80 Stat. 1192. 20 USC 2410. 79 Stat. 31, 1162. 20 USC 2411, 241g. 81 Stat. 784. 20 USC 241c. SEC. 104. (a)(1) The second sentence of section 203(a)(6) of the Act of September 30, 1950, is amended by striking out 80 Stat. 1192. "average per pupil expenditure in the United States" and inserting in lieu thereof the following: "average per pupil expenditure in that State or, if greater, in the United States". (2) The first sentence of section 203 (a) (7) of such Act is 80 Stat. 1194. amended by inserting after "average per pupil expenditure in that State" the following: "or, if greater, in the United States". (b) (1) Section 203(a)(2) of such Act is amended by striking out the last sentence thereof. (2) Section 203 (a) (6) of such Act is amended by striking out the last sentence thereof. (3) Section 203 of such Act is amended by adding at the 79 Stat. 28. end thereof the following subsection: "Average per pupil expenditure." 20 USC 244. "(e) For purposes of this section, the 'average per pupil expenditure' in a State, or in the United States, shall be the aggregate current expenditures, during the second fiscal year preceding the fiscal year for which the computation is made, of all local educational agencies as defined in section 303 (6) (A) in 30 Stat. 1198. the State, or in the United States (which for the purposes of this subsection means the fifty States and the District of Columbia), as the case may be, plus any direct current expenditures by the State for operation of such agencies (without regard to the sources of funds from which either of such expenditures are made), divided by the aggregate number of children in average daily attendance to whom such agencies provided free public education during such preceding year." |