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Mr. McGUINNESS. On the left-hand side of the chart I have listed the 1202 State commissions. As you know, if a State desires to participate in either title X or section 1203 (which is comprehensive planning) it must establish or designate a 1202 State commission. The next section of that law, section 1202 (b), provides that State commissions may establish committees or task forces to assist in the planning process.

Then, across the chart, I have listed the primary functions which a 1202 State commission may perform.

The first area: That the 1202 State commission may, after July 1, 1973, be designated by a State as the State agency for title I (community service and continuing education), title VI (undergraduate instructional equipment), or title VII (undergraduate academic facilities). I put the word "optional" on the chart intentionally, because it is a debatable issue whether or not consolidation was intended to be an option.

Second, the State commission may undertake comprehensive planning, with the assistance of grants by the Commissioner of Education for expansion for planning required under title X.

Third, the State commission is responsible for planning relating to community colleges: development of a statewide plan on the basis of which grants are made for improvement or expansion of community colleges.

Fourth, the State commission is responsible for planning related to occupational education; and finally, the State commission is to be afforded the opportunity to make comments and recommendations on grants and contracts under the Fund for Improvement of Postsecondary Education.

How this legislation developed for one reason or another has not been discussed very much, primarily because the compromise in conference agreement was worked out only at the end of the legislative process. This whole area was not debated, as I will discuss a little later.

I might mention several provisions in the Senate and House bills in order that you can see how these were eventually brought together in the conference agreement. First of all, the Senate bill put a great emphasis on mandatory consolidation of the State commissions under titles VI and VII with the 1202 State commission. In fact, the Senate bill required this consolidation: the law was originally written that the State higher education facilities commission might be, in fact, the 1202 State commission.

The Senate bill authorized the U.S. Commissioner to make grants for comprehensive inventories and studies, but participation in such inventories and studies was not mandatory.

The Senate bill also had a provision whereby the 1202 State commission was authorized to appoint a committee on community colleges. This committee itself, not the State commission, was to have done the planning for community colleges.

The House bill, on the other hand, had just an authority for the establishment of a State commission. In fact, the actual wording of the law gave no purpose for the State commission. It said simply the States are authorized to establish broadly and equitably representative

State commissions. It provided for grants to States for comprehensive planning by State commissions similar to those in the Senate provisions.

The House bill did not include, as did the Senate bill, a program of grants for community college improvement or expansion.

The House also contained a provision, as you know, for occupational education, but this was unrelated to this provision for State commission.

Now, recognizing that both the Senate and House bills contained many provisions which related to State structure and State planning, the conferees instructed the staff, midway through the conference, to go back and prepare a compromise solution bringing together and relating all of these provisions one way or another. That compromise language accomplished the following: first, to include both the community college and occupational education act provisions; second, to bring together segmental planning for occupational education and community colleges under the jurisdiction of the 1202 State commissions; third, to provide maximum flexibility for a State-by-State response in order to try to get away from the mandatory nature which tended to be reflected in Senate provisions; and finally, above all, to provide an option for States to merge the commissions titles VI and VII with the single 1202 State commissions.

This then is an overview of what the bill contains. You may have questions along the way or at the end of what I say.

SIDE-BY-SIDE COMPARISON

OF STATE COMMISSION AND RELATED PROVISIONS OF SENATE AND HOUSE AMENDMENTS AND OF FINAL CONFERENCE AGREEMENT (EDUCATION AMENDMENTS OF 1972, P.L. 92-318)

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SENATE AMENDMENTS

Consolidation

of State Com-
missions
Required in
Titles VI
and VII

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"Sec. 1202. (a) (1) Any State desiring
to participate, after June 30, 1972,
in any program authorized by this Act
which requires the use of a State
Commission in the administration
thereof shall designate, for such
purpose, a State agency which is
broadly representative of the public
and of the public and private institu-
tions of higher education (including
public unity colleges and public
technical institutes in the State.
in the case of any State, no such State
agency exists, such State shall create
such an agency.

If,

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CONFERENCE AGREEMENT

Establishment
or designa-
tion of State
Agency or
Commission

Authority to
establish
Committees
or task
forces.

Optional con

Sec. 1202 (a) Any State which
desires to receive assistance under
section 1203 or title X shall estab-
lish a State Commission or designate
an existing State agency or State
Commission (to be known as the Stat
Commission) which is broadly and
equitably representative of the
general public and public and priva
nonprofit and proprietary institu-
tions of postsecondary education in
the State including community col-
leges (as defined in title X), juni
colleges, postsecondary vocational
schools, area vocational schools,
technical institutes, four-year
institutions of higher education
and branches thereof.

(b) Such State Commission may
establish committees or task forces.
not necessarily consisting of Com-
mission members, and utilize
existing agencies or organizations.
to make studies, conduct surveys,
submit recommendations, or otherwis
contribute the best available
expertise from the institutions,
interests groups, and segments of
the society most concerned with a
particular aspect of the Commission
work.

(c) (1) At any time after July 1,
solidation of 1973, a State may designate the Stat
state agenciesCommission established under subsect
or institu-
(a) as the State agency or instituti

tions

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