89TH CONGRESS 1st Session

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SENATE

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REPORT No. 783

ASSISTANCE FOR PUBLIC SCHOOLS AFFECTED BY MAJOR DISASTERS AND BASE CLOSING; UNIFORMITY OF ELIGIBILITY REQUIREMENTS UNDER PUBLIC LAW 874, 81ST CONGRESS; AND FOR OTHER PURPOSES

SEPTEMBER 28, 1965.-Ordered to be printed

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

REPORT

[To accompany H.R. 9022]

The Committee on Labor and Public Welfare, to which was referred the bill (H.R. 9022) to amend Public Laws 815 and 874, 81st Congress, to provide financial assistance in the construction and operation of public elementary and secondary schools in areas affected by a major disaster; to eliminate inequities in the application of Public Law 815 in certain military base closings; to make uniform eligibility requirements for school districts in Public Law 874, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass. BACKGROUND OF LEGISLATION AND EFFECT OF SENATE AMENDMENTS

The amendment set forth in section 6 was added by the committee to assure that public schools, providing special education operated by the States for the benefit of handicapped children, could participate in the benefits established under Public Law 89-10 for educationally deprived children attending schools operated by public local educational agencies.

The amendment set forth in section 7 was adopted by the committee to assure that all States could have sufficient funds available to administer Public Law 89-10. By providing $75,000 in the case of a State ($25,000 in the case of an outlying territory) or 1 percent of the basic grant, whichever is greater, it was the committee's thought that program administration difficulties otherwise to be expected could be avoided.

MAJOR PROVISIONS OF H.R. 9022

SECTION-BY-SECTION ANALYSIS OF H.R. 9022

Section 6

This section amends section 203 (a) of Public Law 874, 81st Congress, as amended by title I of Public Law 89-10, by adding a paragraph which would make eligible for basic grants State agencies directly responsible for providing, on a non-school-district basis, free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled, or other health impaired children) who by reason thereof require special education. The amount of the basic grant which the State agency is authorized to receive is computed upon a formula based on the average per pupil expenditure in that State multiplied by the number of such children in average daily attendance to whom the State agency provided free public education in the most recent fiscal year for which satisfactory data are available. The grant shall be used by the State agency only for programs and projects including the acquisition of equipment, and where necessary the construction of school facilities, which are designed to meet the special educational needs of such children.

Subsection (b) of section 6 amends section 206(a)(1) of Public Law 874, as amended, by striking out "which meets the requirements of that section", and inserting in lieu thereof, "which meet the applicable requirements of that section and of section 203(1)(5)".

Subsection (c) of section 6 amends the definitions section of Public Law 89-10 to include for the purposes of the benefits of title II of Public Law 874 (other than secs. 203(a)(2), 203(b), and 205(a)(1) any State agency which is directly responsible for providing, on a non-school-district basis, free public education for handicapped children (including mentally retarded, hard of hearing, deaf, speech impaired, visually handicapped, seriously emotionally disturbed, crippled or other health-impaired children who by reason thereof require special education).

Section 7

Subsection (b) of section 207 of Public Law 874, 81st Congress, as amended, is amended to provide for State administrative costs, the greater of either, 1 percent of the total of the amount of the basic grant paid to the local educational agencies of the State, or $75,000 in the case of a State, or $25,000 in the case of Puerto Rico, Wake Island, Guam, American Samoa, Virgin Islands, or the Trust Territory of the Pacific Islands.

COST OF H.R. 9022, AS AMENDED

Because of the nature of the proposed legislation, cost estimates of each of the provisions is difficult to forecast with accuracy. The following estimates have been provided the committee by the Office of Education:

Fiscal year 1966

State-operated special educational schools__.

State administrative costs ceiling (14 States and District of Columbia)...

15, 000, 000

700,000

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

REPORT

together with

SUPPLEMENTAL AND INDIVIDUAL VIEWS

[To accompany S. 3046]

The Committee on Labor and Public Welfare, to which was referred the bill (S. 3046) to strengthen and improve programs of assistance for our elementary and secondary schools, having considered the same, reports favorably thereon with amendments and recommends that the bill as amended, do pass.

FOREWORD

S. 3046, the Elementary and Secondary Education Amendments Act of 1966 is designed to extend and improve Public Law 89-10, the Elementary and Secondary Education Act of 1965, which was signed by President Johnson on April 11, 1965.

In the first year of operation, title I of Public Law 89-10, which provides financial assistance to public educational agencies for the education of all educationally deprived children, including both physically handicapped children and children from low income families, residing in areas where there are concentrations of such children, was operative in 58,155 schools and provided increased educational opportunities through participation in approved programs and services to more than 13.8 million boys and girls.

I. SHORT SUMMARY OF THE PRINCIPAL PROVISIONS OF TITLE I OF S. 3046, AS REPORTED, AMENDING PUBLIC LAW 89-10