or who previously have been, employed as teachers by local educational agencies to one individual who has not been so employed. The Commissioner may waive the procedure established under this subsection if he makes a determination that there are insufficient qualified applicants to maintain the goal sought by this subsection, or that there are insufficient employment opportunities for individuals who are not so employed, and submits a report to the Congress of such a determination.

(g) Notwithstanding any other provision of law, the Commissioner shall develop and establish specific criteria for entering into arrangements under this part in order to assist applicants for assistance under this part to develop proposals to be submitted. Criteria established under this subsection shall be used by the Commissioner in selecting proposals under this title.

(20 U.S.C. 1103) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 513, 79 Stat. 1256; amended June 29, 1967, P.L. 90-35, sec. 9(a), (c), (f), 81 Stat. 85, 86; sec. 513 (c)(2) amended Apr. 13, 1970, P.L. 91-230, sec. 803, 84 Stat. 190; sec. 513(a) amended Apr. 13, 1970, P.L. 91-230, sec. 804(c), 84 Stat. 190; and further amended Apr. 13, 1970, P.L. 91-230, sec. 805(b), 84 Stat. 191; amended August 21, 1974, P.L. 93-380, sec. 835(a)(2), 88 Stat. 605; amended October 12, 1976, P.L. 94-482, Title I, Part E, sec. 152(b), (c), (d), 90 Stat. 2152, 2153.

COMPENSATION

SEC. 514. (a) An arrangement made with a local educational agency pursuant to paragraph (3) of section 513(a), or arrangement with a local educational agency or institution of higher education pursuant to paragraph (5) of section 513(a), or an arrangement with any agency pursuant to paragraph (6) of section 513(a), shall provide for compensation by such agency of Teacher Corps members during the period of their assignment to it at the following rates: (1) an experienced teacher who is leading a teaching team shall be compensated at a rate agreed to by such agency and the Commissioner;

(2) a teacher intern shall be compensated at such rates as the Commissioner may determine to be consistent with the nature of the program and with prevailing practices under comparable federally supported programs or local projects, not to exceed $150 per week plus $15 per week for each dependent; and

(3) tutors and instructional assistants shall be compensated at such rates as the Commissioner may determine to be consistent with prevailing practices under comparable federally supported work-study programs.

(b) For any period of training under this part the Commissioner shall pay to members of the Teacher Corps such stipends (including allowances for subsistence and other expenses for such members and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported training

programs.

The Commissioner shall pay the necessary travel expenses of members of the Teacher Corps and their dependents and necessary expenses for the transportation of the household goods and personal effects of such members and their dependents, and such other necessary expenses of members as are directly related to their serv

ices in the Corps, including readjustment allowances proportionate to service.

(d) The Commissioner is authorized to make such arrangements as may be possible, including the payment of any costs incident thereto, to protect the tenure, retirement rights, participation in a medical insurance program, and such other similar employee benefits as the Commissioner deems appropriate, of a member of the Teacher Corps who participates in any program under this subpart and who indicates his intention to return to the local educational agency or institution of higher education by which he was employed immediately prior to his service under this subpart.

(e) The Commissioner is authorized to provide medical (including hospitalization) insurance for members of the Teacher Corps who do not otherwise obtain such insurance coverage either under an arrangement made pursuant to subsection (d) of this section or as an incident of an arrangement between the Commissioner and an institution or a State or local educational agency pursuant to section 513.

(f) The Commissioner is authorized to compensate local educational agencies for released time for educational personnel of the agency who are being trained in Teacher Corps projects assisted under this title.

(20 U.S.C. 1104) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 514, 79 Stat. 1257; amended June 29, 1967, P.L. 90-35, sec. 3(a), (g), 81 Stat. 85, 86; amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 232, 82 Stat. 1039; amended Apr. 13, 1970, P.L. 91-230, sec. 804, 84 Stat. 191, and further amended Apr. 13, 1970, P.L. 91-230, sec. 805, 84 Stat. 192; amended Aug. 21, 1974, P.L. 93-380, sec. 835 (a)(4), 88 Stat. 605, amended October 12, 1976, P.L. 94-482, Title I, Part E, sec. 152(e), 90 Stat. 2153.

APPLICATION OF PROVISIONS OF FEDERAL LAW

SEC. 515. (a) Except as otherwise specifically provided in this section, a member of the Teacher Corps shall be deemed not to be a Federal employee and shall not be subject to the provisions of laws relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.

(NOTE.-Subsection (b) was repealed by P.L. 90-83.)

(c) Such members shall be deemed to be employees of the Government for the purposes of the Federal tort claims provisions of title 28, United States Code.

(d) Members of the Teachers Corps shall not be eligible to receive payment of a student loan under title II of the National Defense Education Act of 1958 or of an educational opportunity grant under title IV of this Act.

(20 U.S.C. 1105) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 515, 79 Stat. 1257; amended June 29, 1967, P.L. 90-35, sec. 3(h), 81 Stat. 87; amended Sept. 11, 1967, P.L. 90-83, sec. 10(b), 81 Stat. 223.

LOCAL CONTROL PRESERVED

SEC. 516. Members of the Teacher Corps shall be under the direct supervision of the appropriate officials of the local educational agencies to which they are assigned. Except as otherwise provided

in clause (3) of section 513(a), such agencies shall retain the authority to

(1) assign such members within their systems;

(2) make transfers within their systems;

(3) determine the subject matter to be taught;

(4) determine the terms and continuance of the assignment of such members within their systems.

(20 U.S.C. 1106) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 516, 79 Stat. 1258.

MAINTENANCE OF EFFORT

SEC. 517. No member of the Teacher Corps shall be furnished to any local educational agency under the provisions of this subpart if such agency will use such member to replace any teacher who is or would otherwise be employed by such agency.

(20 U.S.C. 1107) Enacted Nov. 8, 1965, P.L. 89-329, Title V, sec. 517, 79 Stat. 1258.

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.

(20 U.S.C. 1107a) Enacted June 29, 1967, P.L. 90-35, sec. 3(i), 81 Stat. 87.

[PART B-ATTRACTING AND QUALIFYING TEACHERS]1

Subpart 22-Attracting and Qualifying Teachers to Meet Critical Teacher Shortages

*

*

*

PART B-TEACHER TRAINING PROGRAMS

AUTHORIZATION OF APPROPRIATIONS

SEC. 531. There are authorized to be appropriated $75,000,000 for the fiscal year 1977 and the fiscal year 1978, and $100,000,000 for the fiscal year 1979, to carry out the provisions of this part. Of the sums so appropriated for any fiscal year not less than 10 per centum shall be available for each of the progams authorized by sections 532 and 533. In the event that sums exceeding $50,000,000 are appropriated in any fiscal year for purposes of carrying out this

1 Stricken by Section 151(a)(3)(A) of Part E of Title I of P.L. 94-482.

2 Repealed effective September 30, 1976, by Sections 151(a)(4)(A) and 151(b) of Part E of Title I of P.L. 94-482.

part, each State shall receive grants sufficient to assure the establishment of one such teacher center in that State in such fiscal

year.

(20 U.S.C. 1119) Enacted June 29, 1967, P.L. 90-35, sec. 6, 81 Stat. 91; amended June 23, 1972, P.L. 92-318, sec. 147(a)(1) and (2), 86 Stat. 287; further amended by sec. 148 (a), P.L. 92-318, 86 Stat. 287; amended October 12, 1976, P.L. 94-482, Title I, Part E, Sec. 153(a), 90 Stat. 2154; amended November 1, 1978, P.L. 95-561, sec. 1321(a), 92 Stat. 2362, 2363.

TEACHER CENTERS

SEC. 532. (a)(1) The Commissioner is authorized to make grants to local educational agencies in accordance with the provisions of this section to assist such agencies in planning, establishing, and operating teacher centers

(2) For the purpose of this section, the term "teacher center" means any site operated by a local educational agency (or a combination of such agencies) which serve teachers, from public and nonpublic schools of a State, or an area or community within a State, in which teachers, with the assistance of such consultants and experts as may be necessary, may—

(A) develop and produce curricula designed to meet theducational needs of the persons in the community, area, or State being served, including the use of educational research findings or new or improved methods, practices, and techniques in the development of such curricula; and

(B) provide training to improve the skills of teachers to enable such teachers to meet better the special educational needs of persons such teachers serve, and to familiarize such teachers with developments in curriculum development and educational research, including the manner in which the research can be used to improve their teaching skills.

(b) Each teacher center shall be operated under the supervision of a teacher center policy board, the majority of which is representative of elementary and secondary classroom teachers to be served by such center fairly reflecting the make-up of all schoolteachers, including special education and vocational education teachers. Such board shall also include individuals representative of, or designated by, the school board of the local educational agency served by such center, and at least one representative designated by the institutions of higher education (with departments or schools of education) located in the area.

(c)(1) Any local educational agency or any consortium of local educational agencies (including statewide programs) desiring to receive a grant under this section shall make application therefor at such time, in such manner, and containing or accompanied by such information, as the Commissioner may by regulation require. Each application shall be submitted through the State educational agency of the State in which the applicant is located. Each such State agency shall review the application, make comments thereon, and recommend each application the State agency finds should be approved. Only applications so recommended shall be transmitted to the Commissioner for his approval.

(2) Any local educational agency which has submitted an application in accordance with paragraph (1) of this subsection which is

dissatisfied with the action of the appropriation State educational agency may petition the Commissioner to request further consideration by the State educational agency. The Commissioner shall, upon receipt of such petition, request further consideration by the State educational agency.

(3) If, subsequent to the expiration of thirty days after the Commissioner's petitioning the State educational agency, such agency has not transmitted such application, then such application shall be transmitted to the Commissioner along with the comments and evaluation of the State educational agency.

(d) In approving any application under this section, the Commissioner shall insure that there is adequate provision for the furnishing of technical assistance to, and dissemination of information derived from, the proposed teacher center by the appropriate State educational agency. Such State agency shall be adequately compensated by the Commissioner for such review of applications, recommendations, submissions, technical assistance, and dissemination services.

(e) Any local educational agency having an application approved under this section may contract with an institution of higher education to carry out activities under, or provide technical assistance in connection with, such application.

(f) Notwithstanding the provisions of subsection (a)(1) of this section with respect to the requirement that teacher centers be operated by local educational agencies, 10 per centum of the funds expended under this section may be expended directly by the Commissioner to make grants to institutions of higher education to operate teacher centers, subject to the other provisions of this section.

(20 U.S.C. 1119a) Enacted June 23, 1972, P.L. 92-318, sec. 451(b), 86 Stat. 344; amended Oct. 12, 1976, P.L. 94-482, Title I, Part E, sec. 153(a), 90 Stat. 2154, 2155; amended Nov. 1, 1978, P.L. 95-561, sec. 1321(b), 92 Stat. 2363.

TRAINING FOR HIGHER EDUCATION PERSONNEL

SEC. 533. (a) The Commissioner is authorized to make grants to institutions of higher education to assist such institutions in the training of individuals

(1) preparing to serve as teachers, including guidance and counseling personnel, administrative personnel, or education specialists in institutions of higher education if such individuals are (A) from cultural or educational backgrounds which have hindered such individuals in achieving success in the field of education, or (B) preparing to serve in educational programs designed to meet the special needs of students from such backgrounds; or

(2) serving as teachers, including guidance and counseling personnel, administrative personnel, or education specialists in institutions of higher education, if such individuals are to be trained to meet changing personnel needs, such as in areas determined to be national priority areas pursuant to section 406(d)(1)(D) of the General Education Provisions Act.

(b) Grants made under this section may be used only to assist in paying the cost of courses of training or study, including short term or regular institutes, symposia or other inservice training, for teachers, including guidance and counseling personnel, administra