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basic disciplines. Therefore, unless the basic educational system is improved to allow for the graduation of a larger percentage of highly motivated students, who have a sense of academic responsibility and who are capable of pursuing a technical or liberal arts program, our fine new institutions of higher learning will remain unfilled and our expectations and hopes unfullfilled.

In closing, we wish to reiterate our party's support of the proposal you are now considering; to urge the consideration of proposals of equal merit in the field of basic education; and to commend the Republican leadership for its foresight and initiative in advancing the establishment of these much-needed institutions. DR. J. BARROWS,

Chairman, Public Affairs Committee, Washington, D.C.,
Republican Precinct Assembly.

89TH CONGRESS 1st Session

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APPENDIX

HOUSE OF REPRESENTATIVES (DOCUMENT

No. 123

PROPOSING TO ESTABLISH A BOARD OF HIGHER EDUCATION IN THE DISTRICT OF COLUMBIA

COMMUNICATION

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

A DRAFT OF PROPOSED LEGISLATION ENTITLED "A BILL TO ESTABLISH A BOARD OF HIGHER EDUCATION TO PLAN, ESTABLISH, ORGANIZE, AND OPERATE A PUBLIC COMMUNITY COLLEGE AND A PUBLIC COLLEGE OF ARTS AND SCIENCES IN THE DISTRICT OF COLUMBIA, AND FOR OTHER PURPOSES"

MARCH 18, 1965.-Referred to the Committee on the District of Columbia and ordered to be printed

Hon. JOHN W. McCORMACK,

Speaker of the House of Representatives,

Washington, D.C.

THE WHITE HOUSE, Washington, March 18, 1965.

DEAR MR. SPEAKER: I am transmitting to the Congress herewith a proposed bill to authorize the establishment of two public colleges in the District of Columbia.

A distinguished Committee on Public Higher Education in the District of Columbia, appointed by President Kennedy, has unanimously recommended to me the establishment of a public community college and a public college of arts and sciences in the District. As the Committee's report makes clear, both colleges are urgently needed.

The Committee's report stressed some of the benefits of establishing two such colleges in the District:

Higher education for those to whom it was previously inaccessible produces consequences far beyond their own use of it. Availability makes a crucial differ

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ence in the motivation for learning at all levels and for all ages, generating hope and self-esteem among individuals and groups previously relegated to inferior status. Presenting models of successful escape from degrading conditions and providing trained leadership for those still struggling to emerge from an unfavorable background, higher education offers the best hope for community progress in our cities' battles against poverty, sickness, unemployment, and crime.

The bill would create immediately a Board of Higher Education to which would be assigned the responsibility and the authority to plan, organize, and operate these colleges. The community college would provide programs, generally extending not more than 2 years beyond the high school level, in both academic and vocational fields, with particular emphasis on the latter. The college of liberal arts and sciences would provide courses leading to bachelor's and master's degrees, with initial emphasis on teacher training. It would replace and absorb the present 4-year District of Columbia Teachers College.

The children of the Nation's Capital have been largely denied opportunities, available to high school graduates in the States, to continue their education beyond high school in publicly supported, low-cost educational institutions. Higher education should be made a universal opportunity for all young people-the Nation's Capital should set the pace, not lag behind. The Congress has abundantly demonstrated its concern with education, and I hope that the proposed bill will receive its prompt and favorable consideration.

Sincerely,

LYNDON B. JOHNSON.

A BILL To establish a Board of Higher Education to plan, establish, organize, and operate a public community college and a public college of arts and sciences in the District of Columbia, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "District of Columbia Public Higher Education Act of 1965".

SEC. 2. As used in this Act

(a) The term "Commissioners" means the Commissioners of the District of Columbia sitting as a board or their authorized agents.

(b) The terms "Board of Higher Education" and "Board" mean the Board of Higher Education established by section 3 of this Act.

(c) The term "Board of Education" means the Board of Education of the District of Columbia established by the Act approved June 20, 1906 (34 Stat. 316), as amended (D.C. Code, 1961 ed., sec. 31-101 et seq.).

SEC. 3. (a) There is hereby established as an agency of the District of Columbia, a Board of Higher Education, hereafter referred to as the Board.

(b) The Board shall consist of not less than nine nor more than fifteen members, as the Commissioners shall from time to time determine, who may be employees of the United States or the District of Columbia. The Board shall be appointed by the Commissioners after consideration of nominees submitted in accordance with subsection (e), and a majority of whom shall have been for three years immediately preceding their appointment or designation bona fide residents of the District of Columbia. The Commissioners shall designate one of the members as Chairman.

(c) The terms of the members of the Board shall be of such uniform length as the Commissioners may determine, except that the terms of the initial members may be varied to provide such pattern of staggered terms as the Commissioners may determine. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of that term.

(d) The Commissioners shall have the power to remove any member of the Board at any time for adequate cause, which relates to his character or to his efficiency as a member, after notice and opportunity for hearing.

(e) The Commissioners shall establish a Nominating Committee, consisting of such number of members serving for such terms as the Commissioners shall from time to time determine, which shall submit for the Commissioners' consideration

in making appointments under subsection (b) at least three nominees for each vacancy which may exist on the Board. A majority of the members of such Committee shall have been for three years immediately preceding their appointment bona fide residents of the District of Columbia.

(f) The members of the Board shall serve without compensation, but may be reimbursed for their travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons serving the Government without compensation.

(g) The members of the Board shall not be personally liable in damages for any official action of the Board in which such members participate, nor shall they be liable for any costs that may be taxed against them or the Board on account of any such official action by them as members of the Board, but such costs shall be charged to the District of Columbia and paid as other costs are paid in suits against the municipality; nor shall the Board or any of its members be required to give any bond or security for costs or damages on any appeal whatever..

SEC. 4. The Board is hereby vested with the following powers and duties: (a) To develop detailed plans for and to establish, organize, and operate in the District of Columbia

(1) a public college which will provide a program in the liberal arts and sciences, including, but not limited to courses in teacher education, leading to a bachelor's degree, and such additional program of study as may lead to a master's degree, and courses on an individual, noncredit basis for those desiring to further their education without seeking a degree.

(2) a public community college which will provide programs generally extending not more than two years beyond the high school level including, but not limited to (a) programs leading to a degree of associate in the arts or for full credit toward a bachelor's degree, (b) programs designed to prepare students to work as technicians and at a semiprofessional level in engineering, scientific, health-related, and other technological fields, and (c) programs designed for individuals desiring to further their education without seeking a degree.

(b) To establish policies, standards, and requirements governing admission, programs, graduation (including the award of degrees), and general administration of the colleges.

(c) To employ and compensate without regard to the Civil Service Act or the Classification Act of 1949, as amended, a president and other officers for each of the colleges established pursuant to this Act and such educational employees for such colleges as the presidents thereof may recommend in writing: Provided, That subject to the approval of the Commissioners, the compensation schedules for these officers and employees shall be fixed and adjusted from time to time consistent with the public interest and in accordance with rates for comparable types of positions in like institutions of higher education. The Board, upon the recommendation of the presidents of the colleges, shall establish, with the approval of the Commissioners and without regard to the provisions of any other law, retirement and leave systems for such employees which shall be comparable to such systems in like institutions of higher education.

(d) To employ and compensate in accordance with the civil service laws and the Classification Act of 1949, as amended, noneducational employees of the Board and of the colleges established pursuant to this Act.

(e) To establish and determine, from time to time, with the approval of the Commissioners

(1) fees to be paid by students (including charges for room and board), and receipts from such fees shall be deposited into a revolving fund in a private depository in the District, which fund shall be available without fiscal year limitation for such purposes as the Board of Higher Education of the District shall approve, and the Board of Higher Education is authorized, with the approval of the Commissioners, to make necessary rules respecting deposits into and withdrawals from such fund; and

(2) tuition rates (a) for residents and (b) for nonresidents, and receipts from tuition shall be deposited to the credit of the General Fund of the District of Columbia.

(f) To transmit annually to the Commissioners estimates of the appropriation required for the colleges established pursuant to this Act for the ensuing year. (g) Subject to the approval of the Commissioners, to accept services and moneys, including gifts or endowments, from any source whatsoever, for use in carrying out the purposes of the Act. Such moneys shall be deposited in the Treasury of the United States to the credit of a trust fund account which is hereby authorized and may be invested and reinvested as trust funds of the

District of Columbia. The disbursement of the moneys from such trust funds shall be in such amounts, to such extent, and in such manner as the Board of Higher Education, in its judgment, may determine necessary to carry out the purposes of this Act.

(h) To submit to the Commissioners recommendations relating to legislation affecting the administration and programs of such colleges.

(i) To make such rules and regulations as may be necessary and to carry out such other activities as may be required to achieve the purposes of this Act. (j) To assume control of the District of Columbia Teachers College established pursuant to the Act approved February 25, 1929 (45 Stat. 1276, D. C. Code, par. 31-118) from the Board of Education at such time as may be mutually agreed upon by such Boards and approved by the Commissioners. At such time personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available for such Teachers College are authorized to be transferred and be under the control of such Board of Higher Education: Provided, That the Laboratory Schools shall remain under the control and management, and the employees assigned to such schools shall remain subject to the supervision of, the Board of Education.

SEC. 5. The Commissioners and the Board of Education shall furnish to the Board, upon request of such Board, such space and facilities in private buildings or in public buildings of the government of the District of Columbia, records, information, services, personnel, offices, and equipment as may be available and which are necessary to enable the Board properly to perform its functions under this Act.

SEC. 6. All obligations and disbursements for the purpose of the Act shall be incurred, made, and accounted for in the same manner as other obligations and disbursements for the District of Columbia and, except as provided in section 4(g) of this Act, under the direction and control of the Commissioners.

SEC. 7. (a) Subchapter 1 of chapter 18 of the Act of March 3, 1901 (31 Stat. 1280), as amended (D.C. Code, secs. 29-401-29-419), relating to establishment of institutions of learning in the District of Columbia, is amended by striking out "Board of Education" wherever it appears in such subchapter and by inserting in lieu thereof "Board of Higher Education".

(b) Nothing contained in the amendment made by this section shall be construed as affecting the validity of any license issued by the Board of Education prior to the date of the enactment of this Act.

(c) The Act of July 2, 1940 (54 Stat. 729), relating to accreditation of junior colleges in the District of Columbia, is amended by striking out "Board of Education" wherever it appears in such Act and inserting in lieu thereof "Board of Higher Education".

SEC. 8. There are hereby authorized to be appropriated from the revenues of the District of Columbia such sums as are necessary to carry out the purposes of this Act.

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