Instructional Media for Handicapped Children

(P.L. 85-905)

AN ACT To provide in the Department of Health, Education, and Welfare for a loan service of captioned films for the deaf.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the objectives of this Act are

(a) to promote the general welfare of deaf persons by (1) bringing to such persons understanding and appreciation of those films which play such an important part in the general and cultural advancement of hearing persons, (2) providing through these films, enriched educational and cultural experiences through which deaf persons can be brought into better touch with the realities of their environment, and (3) providing a wholesome and rewarding experience which deaf persons may share together; and

(b) to promote the educational advancement of handicapped persons by (1) carrying on research in the use of educational media for the handicapped, (2) producing and distributing educational media for the use of handicapped persons, their parents, their actual or potential employers, and other persons directly involved in work for the advancement of the handicapped, and (3) training persons in the use of educational media for the instruction of the handicapped.

(42 U.S.C. 2491) Enacted Sept. 2, 1958, P.L. 85-905, sec. 1, 72 Stat. 1742; amended Sept. 28, 1962, P.L. 87-715, sec. 1(a), 76 Stat. 654; amended Oct. 19, 1965, P.L. 89-258, 79 Stat. 983; amended Jan. 2, 1968, P.L. 90–247, Title I, sec. 155, 81 Stat. 804.

SEC. 2. As used in this Act

(1) The term "Secretary" means the Secretary of Health, Education, and Welfare.

(2) The term "United States" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American Samoa.

(3) The term "deaf person" includes a person whose hearing is severely impaired.

(4) The term "handicapped" means deaf, mentally retarded, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired persons.

(42 U.S.C. 2492) Enacted Sept. 2, 1958, P.L. 85-905, sec. 2, 72 Stat. 1742; amended Oct. 19, 1965, P.L. 89-258, 79 Stat. 983.

SEC. 3. (a) In order to carry out the objectives of this Act, the Secretary shall establish a loan service of captioned films and educational media for the purpose of making such materials available in the United States for nonprofit purposes to handicapped persons, parents of handicapped persons, and other persons directly involved

in activities for the advancement of the handicapped in accordance with regulations promulgated by the Secretary.

(b) In carrying out the provisions of this Act, the Secretary shall have authority to

(1) acquire films (or rights thereto) and other educational media by purchase, lease, or gift;

(2) acquire by lease or purchase equipment necessary to the administration of this Act;

(3) provide for the captioning of films;

(4) provide for the distribution of captioned films and other educational media and equipment through State schools for the handicapped and such other agencies as the Secretary may deem appropriate to serve as local or regional centers for such distribution;

(5) provide for the conduct of research in the use of educational and training films and other educational media for the handicapped, for the production and distribution of educational and training films and other educational media for the handicapped and training of persons in the use of such films and media, including the payment to those persons of such stipends (including allowances for travel and other expenses of such persons and their dependents) as he may determine, which shall be consistent with prevailing practices under comparable federally supported programs;

(6) utilize the facilities and services of other governmental agencies; and

(7) accept gifts, contributions, and voluntary and uncompensated services of individuals and organizations.

(42 U.S.C. 2493) Enacted Sept. 2, 1958. P.L. 85-905, 72 Stat. 1742; amended Sept. 28, 1962, P.L. 87-715, sec. 1(a), 76 Stat. 654; amended Oct. 19, 1965; P.L. 89-258, 79 Stat. 983; amended Jan. 2, P.L. 90-247, Title I, sec. 155, 81 Stat. 805.

SEC. 4. There are hereby authorized to be appropriated not to exceed $3,000,000 annually for each of the fiscal years 1966 and 1967, $8,000,000 annually for each of the fiscal years 1968 and 1969, and $10,000,000 annually for fiscal year 1970 and each succeeding fiscal year thereafter.

(42 U.S.C. 2494) Enacted Sept. 2, 1958, P.L. 85-905, sec. 4, 72 Stat. 1743; amended Sept. 28, 1962, P.L. 87-715, sec. 1(b), 76 Stat. 654; amended Oct. 19, 1965, P.L. 89-258, 79 Stat. 984; amended Jan. 2, 1968, P.L. 90-247, Title I, sec. 155, 81 Stat. 805.

SEC. 5. (a) (1) For the purpose of advising and assisting the Secretary of Health, Education, and Welfare (hereinafter in this section referred to as the "Secretary") with respect to the education of the deaf, there is hereby created a National Advisory Committee on Education of the Deaf, which shall consist of twelve persons, not otherwise in the employ of the United States, appointed by the Secretary without regard to the civil service laws.

(2) The membership of the Advisory Committee shall include educators of the deaf, persons interested in education of the deaf, educators of the hearing, and deaf individuals.

(3) The Secretary shall from time to time designate one of the members of the Advisory Committee to serve as Chairman of the Advisory Committee.

(4) Each member of the Advisory Committee shall serve for a term of four years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term, and except that the terms of the office of the members first taking office shall expire, as designated by the Secretary at the time of appointment, three at the end of the first year, three at the end of the second year, three at the end of the third year, and three at the end of the fourth year after the date of appointment.

(5) A member of the Advisory Committee shall not be eligible to serve continuously for more than one term.

(b) The Advisory Committee shall advise the Secretary concerning the carrying out of existing and the formulating of new or modified programs with respect to the education of the deaf. In carrying out its functions, the Advisory Committee shall (A) make recommendations to the Secretary for the development of a system for gathering information on a periodic basis in order to facilitate the assessment of progress and identification of problems in the education of the deaf; (B) identify emerging needs respecting the education of the deaf, and suggest innovations which give promise of meeting such needs and of otherwise improving the educational prospects of deaf individuals; (C) suggest promising areas of inquiry to give direction to the research efforts of the Federal Government in improving the education of the deaf; and (D) make such other recommendations for administrative action or legislative proposals as may be appropriate.

(c) The Secretary may, at the request of the Advisory Committee appoint such special advisory professional or technical personnel as may be necessary to enable the Advisory Committee to carry out its duties.

(d) Members of the Advisory Committee, and advisory or technical personnel appointed pursuant to subsection (c), while attending meetings or conferences of the Advisory Committee or otherwise serving on business of the Advisory Committee, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day including travel time and while serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. (e) The Advisory Committee shall meet at the request of the Secretary but at least semiannually.

(20 U.S.C. 2495) Enacted Oct. 19, 1966, P.L. 89-258, 79 Stat. 984.

91-322 0-68

Mr. MORSE, from the Committee on Labor and Public Welfare, submitted the following

REPORT

together with

MINORITY AND INDIVIDUAL VIEWS

[To accompany H.R. 2362]

The Committee on Labor and Public Welfare, to whom was referred the bill (H.R. 2362) to strengthen and improve educational quality and educational opportunities in the Nation's elementary and secondary schools, having considered the same, report favorably thereon without amendment, and recommend that the bill do pass.

SUMMARY OF THE BILL

Uses of funds by school districts

Under the terms of the legislation, a local public school district may use funds granted to it for the broad purpose of programs and projects which will meet the educational needs of educationally deprived children in those school attendance areas in the district having high concentrations of children from low-income families. It is the intention of the proposed legislation not to prescribe the specific types of programs or projects that will be required in school districts. Rather, such matters are left to the discretion and judgment of the local public educational agencies since educational needs and requirements for strengthening educational opportunities for educationally deprived elementary and secondary school pupils will vary from State to State and district to district. What might be an acceptable and effective program in a school district serving a rural area may be entirely inappropriate for a school district serving an urban area, and vice