COMMITTEE ON EDUCATION AND LABOR CARL D. PERKINS, Kentucky, Chairman FRANK THOMPSON, JR., New Jersey ALBERT H. QUIE, Minnesota EDWIN B. FORSYTHE, New Jersey JACK F. KEMP, New York RONALD A. SARASIN, Connecticut SPECIAL SUBCOMMITTEE ON EDUCATION MARIO BIAGGI, New York PHILLIP BURTON, California JOHN BRADEMAS, Indiana JOSEPH M. GAYDOS, Pennsylvania IKE F. ANDREWS, North Carolina WILLIAM LEHMAN, Florida JAIME BENITEZ, Puerto Rico JOHN DELLENBACK, Oregon JOHN N. ERLENBORN, Illinois MARVIN L. ESCH, Michigan JACK F. KEMP, New York ROBERT J. HUBER, Michigan (II) jy73 Friday, Dr. William C., president, the University of North Carolina__ Gleazer, Dr. Edmund, Jr., president, American Association of Junior and Community Colleges, and Dr. Fred Wellman, executive director, Illinois State Board for Community Colleges, accompanied by Frank Mensel, vice president, American Association of Junior and Com- munity Colleges, and Dr. William Flanagan, president, Rhode Island Hill, Warren G., president-elect, State Higher Education Executive Holmes, Dr. Darrell, president, East Stroudsburg State College--- Ottina, Hon. John R., Commissioner-designate, U.S. Office of Educa- Wheeler, Charles L., director, North Carolina State Commission on Davis, Bertram H., general secretary, American Association of Uni- versity Professors, letter to Dr. John D. Phillips, dated December 19, Two resolutions on Commission on Governmental Affairs--- Gove, Samuel K., director, Institute of Government and Public Affairs, University of Illinois, Urbana, Ill., letter to Dr. John D. Phillips, Letter to Hon. Caspar Weinberger, Secretary, Department of Health, Education, and Welfare, dated March 9, 1973_. Survey of present status of State planning for the 1202 State com- Holmes, Dr. Darrell, president, East Stroudsburg State College, testi- mony on behalf of American Association of State Colleges and Uni- versities, and National Association of State Universities and Land- Kaplan, Wilfred, Department of Mathematics, the University of Michi- gan, Ann Arbor, Mich., letter to John D. Phillips, dated December 14, Master Planning Commission, State of Kansas, publication entitled "Postsecondary Educational Planning to 1985: Final Report and (III) Statements, letters, supplemental material, etc.-Continued McGuinness, Aims C., Jr., executive assistant to the chancellor, University of Maine: Exhibit 1.-1202 State commissions and related provisions Page Exhibit 2.-Pros and Cons on the impact of the indefinite post- Exhibit 3.-Continuing issues or questions regarding implementa- Meardy, William H., executive director, Association of Community Col- Letter to Chairman O'Hara, dated March 30, 1973_ Letter to Congressman William A. Steiger, dated March 30, 1973Ottina, Hon. John, acting U.S. Commissioner of Education, letter to Dear Colleague, dated March 7, 1973---- Pesci, Frank B., State delegate, House of Delegates, State of Maryland, letter to Chairman O'Hara, dated April 24, 1973, enclosing Resolution No. 122_ "Proposed Regulations Under Section 404, CEPA," excerpt from Federal Register, March 27, 1973__. Task Force on State Postsecondary Education Commissions, HEW: Preliminary report to the Deputy Commissioner for Higher Education, dated December 4, 1972 23 46 47 26 142 143 143 20 141 15 125 Revised report, dated February 1, 1973. 146 Phillips, John D., summary of changes between the preliminary 179 Weinberger, Hon. Caspar W., Secretary, Department of Health, Education, and Welfare: Letter from Chairman O'Hara, dated March 29, 1973_ 145 145 Letter to Chairman O'Hara, dated April 12, 1973, enclosing Task Force on State Postsecondary Education Commissions Revised 145 STATE POSTSECONDARY EDUCATION COMMISSIONS MONDAY, APRIL 9, 1973 HOUSE OF REPRESENTATIVES, SPECIAL SUBCOMMITTEE ON EDUCATION OF THE COMMITTEE ON EDUCATION AND LABOR, Washington, D.C. The subcommittee met at 10 a.m., pursuant to call, in room 2261 of the Rayburn Office Building, Hon. James G. O'Hara (chairman of the subcommittee) presiding. Present: Representatives O'Hara, Quie, Lehman, Dellenback, and Huber. Staff members present: Jim Harrison, staff director: Elnora Teets, subcommittee clerk; William Gaul, full committee associate counsel; and Robert Andringa, minority staff director. Mr. O'HARA. The Special Subcommittee on Education of the House Committee on Education and Labor will be in order. Today we are beginning hearings on the administration's policy toward section 1202 of the Higher Education Act, as amended, and the implications of that policy for title X and other related provisions of the Higher Education Act. Last summer, as a part of the Education Amendments of 1972, section 1202 and title X became law. The staff is directed to see that the text of title XII, title X, and of the other provisions of law referred to or closely connected with them, be printed as part of the hearing record. [Materials referred to follow :] COMPILATION, PROVISIONS OF LAW RELATING TO SECTION 1202 A. PROVISIONS OF THE HIGHER EDUCATION ACT OF 1965, AS STATE POSTSECONDARY EDUCATION COMMISSIONS SEC. 1202. (a) Any State which desires to receive assistance under section 1203 or title X shall establish a State Commission or designate an existing State agency or State Commission (to be known as the State Commission) which is broadly and equitably representative of the general public and public and private nonprofit and proprietary institutions of postsecondary education in the State including community colleges (as defined in title X), junior 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 Commission members, and utilize existing agencies or organizations, to make studies, conduct surveys, submit recommendations, or otherwise contribute the best available expertise from the institutions, interests groups, and segments of the society most concerned with a particular aspect of the Commission's work. (c) (1) At any time after July 1, 1973, a State may designate the State Commission established under subsection (a) as the State agency or institution required under section 105, 603, or 704. In such a case, the State Commission established under this section shall be deemed to meet the requirements of such sections for State agencies or institutions. (1) (2) If a State makes a designation referred to in paragraph (1)— (A) the Commissioner shall pay the State Commission the amount necessary for the proper and efficient administration of the Commission of the functions transferred to it by reason of the designation; and (B) the State Commission shall be considered the successor agency to the State agency or institution with respect to which the designation is made, and action theretofore taken by the State agency or institution shall continue to be effective until changed by the State Commission. (d) Any State which desires to receive assistance under title VI or under title VII but which does not desire, after June 30, 1973, to place the functions of State. Commissions under such titles under the authority of the State Commission established pursuant to subsection (a) shall establish for the purposes of such titles a State Commission which is broadly representative of the public and of institutions of higher education (including junior colleges and technical institutes) in the State. Such State Commissions shall have the sole responsibility for the administration of State plans under such titles VI and VII within such State. (20 U.S.C. 1142a) Enacted June 23, 1972, P.L. 92-318, sec. 196, 86 Stat. 324. COMPREHENSIVE STATEWIDE PLANNING SEC. 1203. (a) The Commissioner is authorized to make grants to any State Commission established pursuant to section 1202 (a) to enable it to expand the scope of the studies and planning required in title X through comprehensive inventories of, and studies with respect to, all public and private postsecondary educational resources in the State, including planning necessary for such resources to be better coordinated, improved, expanded, or altered so that all persons within the State who desire, and who can benefit from, postsecondary education may have an opportunity to do so. (b) The Commissioner shall make technical assistance available to State Commissions, if so requested, to assist them in achieving the purposes of this section. (c) There are authorized to be appropriated such sums as may be necessary to carry out this section. (20 U.S.C. 1142b) Enacted June 23, 1972, P.L. 92-318, sec. 196, 86 Stat. 325. TITLE X-COMMUNITY COLLEGES AND OCCUPATIONAL EDUCATION PART A-ESTABLISHMENT AND EXPANSION OF COMMUNITY COLLEGES Subpart 1-Statewide Plans SEC. 1001. (a) Each State Commission (established or designated under section 1202) of each State which desires to receive assistance under this subpart shall develop a statewide plan for the expansion or improvement of postsecondary education programs in community colleges or both. Such plan shall among other things (1) designate areas, if any, of the State in which residents do not have access to at least two years of tuition-free or low-tuition postsecondary education within reasonable distance; (2) set forth a comprehensive statewide plan for the establishment, or expansion, and improvement of community colleges, or both, which would achieve the goal of making available, to all residents of the State an opportunity to attend a community college (as defined in section 1018); (3) establish priorities for the use of Federal and non-Federal financial and other resources which would be necessary to achieve the goal set forth in clause (2); (4) make recommendations with respect to adequate State and local financial support, within the priorities set forth pursuant to clause (3), for community colleges; (5) set forth a statement analyzing the duplications of postsecondary educational programs and make recommendations for the coordination of such programs in order to eliminate unnecessary or excessive duplications; and (6) set forth a plan for the use of existing and new educational resources in the State in order to achieve the goal set forth in clause (2), including recommendations for the modification of State plans for federally assisted |