PART I-THE OFFICE OF EDUCATION

Authority of the Office

Establishment

There shall be in the Department of Health, Education, and Welfare a bureau called the Office of Education, the purpose and duties of which shall be to collect statistics and facts showing the condition and progress of education in the several States and Territories, and to diffuse such information respecting the organization and management of schools and school systems, and methods of teaching, as shall aid the people of the United States in the establishment and maintenance of efficient school systems, and otherwise promote the cause of education throughout the country.

(20 U.S.C. 1) R.S. sec. 516; 1939 Reorg. Plan No. I, secs. 201, 204, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, sec. 5, eff. Apr. 11, 1953, the appendix on page 383).

DERIVATION

Acts of Mar. 2, 1867 ch. 158, sec. 1, 14 Stat. 434; July 20, 1868, ch. 176, sec. 1, 15 Stat. 92, 106.

(NOTE. The complete text of the original Act of March 2, 1867 is included in the appendix on page 383).

Transfer of Functions

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1. The Office of Education was originally established in the Department of the Interior from which it was transferred to the Federal Security Agency by 1939 Reorg. Plan No. I.

In the appropriation act of July 12, 1870, ch. 251, 16 Stat. 242, 'the Office was designated the Bureau of Education. This designation was retained until the act of May 14, 1930, ch. 273, 46 Stat. 281, 319, which made appropriations for the "Office of Education." Since that time, all appropriations have been made to the "Office of Education."

Commissioner of Education

The management of the Office of Education shall, subject to the direction and supervision of the Secretary of Health, Education, and Welfare, be entrusted to a Commissioner of Education, who shall be appointed by the President, by and with the advice and consent of the Senate.

(20 U.S.C. 2) R. S. sec. 517, ch. 163, sec. 1, 39 Stat. 1105; Mar. 3, 1925, ch. 462, 43 Stat. 1179; 1939 Reorg. Plan No. I, secs 201, 204, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, secs. 5, 8, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.

DERIVATION

Acts of Mar. 2, 1867, ch. 158, sec. 2, 14 Stat. 434; July 20, 1868, ch. 176, sec. 1, 15 Stat. 92, 106.

(NOTE.-Provisions for compensation of the Commissioner of Education at $4,000 a year are omitted as obsolete. Compensation of such official is provided for in the Federal Executive Salary Schedule.)

Bulletin of Office of Education

The Commissioner of Education is authorized to prepare and publish a bulletin of the Office of Education as to the condition of higher education, technical and industrial education, facts as to compulsory attendance in the schools, and such other educational topics in the several States of the Union and in foreign countries as may be deemed of value to the educational interests of the States, and there shall be printed one edition of not exceeding twelve thousand five hundred copies of each issue of said bulletin for distribution by the Office of Education, the expense of printing and binding such bulletin to be charged to the allotment for printing and binding for the Department of Health, Education, and Welfare.

(20 U.S.C. 3) Enacted May 28, 1896, ch. 252, sec. 1, 29 Stat. 171; 1939 Reorg. Plan No. I, secs. 201, 204, eff. July 1, 1939, 4 F. R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, secs. 5, 8, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.

Report of Commissioner

The Commissioner of Education shall present annually to Congress a report embodying the results of his investigations and labors together with a statement of such facts and recommendations as will, in his judgment, subserve the purpose for which the Office is established. (20 U.S.C. 4) R.S. Sec. 518.

National Advisory Committee on Education

AN ACT To establish a National Advisory Committee on Education

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in order to secure for the Secretary of Health, Education, and Welfare (hereinafter referred to in this Act as the "Secretary") the advice of a group of representative citizens on the initiation and conduct of studies of problems of national concern in the field of education and on appropriate action as a result thereof, there is hereby established in the Department of Health, Education, and Welfare a National Advisory Committee on Education (hereinafter referred to as the "Committee").

SEC. 2. The Committee shall be composed of nine members appointed without regard to civil-service laws by the Secretary from among individuals who are not otherwise in office under or in the employ of the Federal Government, a majority of whom shall be other than professional educators, one of whom shall be designated by the Secretary as Chairman. Each member shall hold office for a term of three years, except that (1) 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 such term, and (2) the terms of the members first taking office shall expire as follows: three shall expire with the close of the first calendar year which begins after the enactment of this Act, three shall expire with the close of the second such calendar year, and three shall expire with the close of the third such calendar year, as designated by the Secretary at the time of appointment. The Commissioner of Education shall be, ex-officio, a nonvoting member of the Committee.

SEC. 3. The Committee shall meet at the call of the Secretary, but not less often than three times each calendar year.

SEC. 4. The Committee shall, from time to time, recommend to the Secretary the initiation of studies of national concern in the field of education. Consultants may be appointed without regard to civilservice laws to assist in the conduct of such studies. The Committee shall propose to the Secretary appropriate action indicated by such studies and shall also, from time to time, advise the Secretary on the progress being made in carrying out its recommendations. The Secretary shall transmit to the Congress annually a report concerning the studies initiated under this Act, the recommendations made by the Committee, and any action taken with respect to such recommendations.

SEC. 5. Members of the Committee shall receive no compensation for their services, but while traveling to or from or attending meetings of the Committee shall be paid travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 73b-2) for persons in the Government service employed intermittently.

(20 U.S.C. 331-335) Enacted July 26, 1954, P.L. 532, 83rd Cong., 68 Stat. 533.

RESPONSIBILITIES OF THE COMMISSIONER OF EDUCATION IN PROGRAMS NOT ADMINISTERED BY THE OFFICE OF EDUCATION

The Commissioner of Education has been given responsibility for various aspects of several programs not administered by the Office of Education. The statutory authority for those functions are as follows:

HOUSING ACT OF 1950

TITLE IV-HOUSING FOR EDUCATIONAL INSTITUTIONS

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SEC. 402. (c) *** In the performance of, and with respect to, the functions, powers, and duties vested in him by this title, the Administrator, notwithstanding the provisions of any other law, may (2) consult with and secure the advice and recommendations of the Office of Education in the Department of Health, Education, and Welfare.

CONSTRUCTION, DEVELOPMENT, IMPROVEMENT, AND MAINTENANCE OF HOWARD UNIVERSITY

SEC. 8. Annual appropriations are hereby authorized to aid in the construction, development, improvement, and maintenance of the uni

versity, no part of which shall be used for religious instruction. The university shall at all times be open to inspection by the Office of Education and shall be inspected by the said Office at least once each

year.

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EDUCATIONAL ASSISTANCE FOR VETERANS' CHILDREN

SUBCHAPTER I-DEFINITIONS

SEC. 1775. Approval of accredited courses:

(a) A State approving agency may approve the courses offered by an educational institution when

(1) such courses have been accredited and approved by a nationally recognized accrediting agency or association;

(2) such courses are conducted under sections 11-28 of title 20; or

(3) such courses are accepted by the State department of education for credit for a teacher's certificate or a teacher's degree. For the purposes of this chapter the Commissioner of Education shall publish a list of nationally recognized accrediting agencies and associations which he determines to be reliable authority as to the quality of training offered by an educational institution and the State approving agencies may, upon concurrence, utilize the accreditation of such accrediting associations or agencies for approval of the courses specifically accredited and approved by such accrediting association or agency. In making application for approval, the institution shall transmit to the State approving agency copies of its catalog or bulletin. (b) As a condition to approval under this section, the State approving agency must find that adequate records are kept by the educational institution to show the progress of each eligible person or veteran. The State approving agency must also find that the educational institution maintains a written record of the previous education and training of the eligible person or veteran and clearly indicates that. appropriate credit has been given by the institution for previous education and training, with the training period shortened proportionately and the eligible person or veteran and the Administrator so notified.

SEC. 1776. Approval of nonaccredited courses:

(a) No course of education which has not been approved by a State approving agency pursuant to section 1653 or 1775 of this title, which is offered by a public or private, profit or nonprofit, educational institution shall be approved for the purposes of this chapter unless the educational institution offering such course submits to the appropriate State approving agency a written application for approval of such course in accordance with the provisions of this chapter.

(b) Such application shall be accompanied by not less than two copies of the current catalog or bulletin in which is certified as true and correct in content and policy by an authorized owner or official and includes the following:

(1) Identifying data, such as volume number and date of publication;

(2) Names of the institution and its governing body, officials and faculty;

(3) A calendar of the institution showing legal holidays, beginning and ending date of each quarter, term, or semester, and other important dates;

(4) Institution policy and regulations on enrollment with respect to enrollment dates and specific entrance requirements for each course;

(5) Institution policy and regulations relative to leave, absences, class cuts, makeup work, tardiness and interruptions for unsatisfactory attendance;

(6) Institution policy and regulations relative to standards of progress required of the student by the institution (this policy will define the grading system of the institution, the minimum grades considered satisfactory, conditions for interruption for unsatisfactory grades or progress and a description of the probationary period, if any, allowed by the institutions, and conditions of reentrance for those students dismissed for unsatisfactory progress. A statement will be made regarding progress records kept by the institution and furnished the student);

(7) Institution policy and regulations relating to student conduct and conditions for dismissal for unsatisfactory conduct;

(8) Detailed schedules of fees, charges for tuition, books, supplies, tools, student activities, laboratory fees, service charges, rentals, deposits, and all other charges;

(9) Policy and regulations of the institution relative to the refund of the unused portion of tuition, fees, and other charges in the event the student does not enter the course or withdraws or is discontinued therefrom;

(10) A description of the available space, facilities, and equipment;

(11) A course outline for each course for which approval is requested, showing subjects or units in the course, type of work or skill to be learned, and approximate time and clock hours to be spent on each subject or unit; and

(12) Policy and regulations of the institution relative to granting credit for previous educational training.

(c) The appropriate State approving agency may approve the application of such institution when the institution and its nonaccredited courses are found upon investigation to have met the following criteria:

(1) The courses, curriculum, and instruction are consistent in quality, content, and length with similar courses in public schools and other private schools in the State, with recognized accepted standards.

(2) There is in the institution adequate space, equipment, instructional material, and instructor personnel to provide training of good quality.

(3) Educational and experience qualifications of directors, administrators, and instructors are adequate.

(4) The institution maintains a written record of the previous education and training of the eligible person and clearly indi