Elementary and Secondary Education Amendments

Summary

Elementary and Secondary Education Amendments - Title I: Amendments to the Elementary and Secondary Education Act of 1965 - Extends the Commissioner of Education's authority to make payments to State educational agencies to June 30, 1977. Extends to July 1, 1977 the allotments administered by the Secretary of the Interior for the special educational needs of children on reservation serviced by elementary and secondary schools operated for Indian children by the Department of Interior. Permits grants in excess of 50 percent of the local educational agency's budget for programs for the educationally deprived. Revises the federal percentage and low-income factor used in the formulation of such grants. Authorizes to be appropriated $220,000,000 for school library resources, textbooks and other instructional materials for the fiscal year ending June 30, 1974, and for each of the succeeding fiscal years ending prior to July 1, 1977. Extends the authorization of additional appropriations authority to July 1, 1977 and the authorization for payments to States under specified conditions. Authorizes to be appropriated $605,000,000 for supplementary educational centers and services grants for each fiscal year ending prior to July 1, 1977. Provides for a percentage allotment of appropriated funds to specified territories and departments. Authorizes the appropriation of $90,000,000 for grants to strengthen State Educational Agencies for each fiscal year prior to July 1, 1978. Authorizes the appropriation of $40,000,000 for grants to strengthen local educational agencies and $20,000,000 for grants to States for comprehensive educational planning for each fiscal year prior to July 1, 1977. Authorizes the following appropriations for each fiscal year prior to July 1, 1972: (1) $135,000,000 for bilingual education program grants; (2) $33,000,000 for grants to dropout prevention projects; (3) $26,000,000 for school nutrition and health services grants; (4) $500,000 for correction education services grants; and (5) $35,000,000 for grants for the improvement of educational opportunities for Indian children. Authorizes the annual appropration of $35,000,000 for consumer education programs for fiscal years 1975, 1976, and 1977. Title II: Amendments to Public Laws 815 and 874 of the Eighty-First Congress - Extends to June 30, 1977, the date for filing applications for payments with respect to construction projects for school facilities in areas affected by Federal activities. Extends Federal assistance in cases of specified disasters to July 1, 1977. Extends to July 1, 1977 the Federal assistance for local educational agencies in areas affected by Federal activity. Makes conforming technical amendments. Title III: Education of Handicapped Children - Authorizes the following appropriations for each fiscal year prior to July 1, 1977: (1) $220,000,000 for grants for assistance to States for Education of Handicapped Children; (2) $66,000,000 for grants to centers and for services to meet the special needs of the handicapped; (3) $103,500,000 for grants for the training of personnel for the education of the handicapped; (4) $45,000,000 for research in the education of the handicapped and (5) $31,000,000 for special programs for children with specific learning disabilities. Title IV: Amendments to the General Education Provisions Act and Provisions Relating to the Administration of Education Programs - Authorizes to be appropriated such sums as Congress determines is necessary for any fiscal year ending prior to July 1, 1977, for the purpose of carrying out the General Education Provisions Act. Provides that funds not expended in a fiscal year ending prior to July 1, 1977, which were appropriated for a program under this Act, shall remain available for obligation during succeeding fiscal years. Title V: Adult Education - Authorizes to be appropriated $225,000,000 for the adult education program for each fiscal year ending prior to July 1, 1977. Title VI: Miscellaneous - Authorizes to be appropriated, $25,000,000 for the Environmental Education Act for each fiscal year ending prior to July 1, 1977. Authorizes to be appropriated $14,000,000 for grants designed to educate the public on problems related to drug abuse and $14,000,000 for community education projects under the Drug Abuse Education Act, for fiscal year 1974 and each fiscal year ending prior to July 1, 1977. Title VII: Administration of Education Programs - General Education Provisions Act - Sets forth the definitions of terms used in this Act. Provides appropriations for the programs and offices which are created by this Act. States that the provisions of title 5, United States Code, shall be applicable to agencies and programs subject to this Act. Establishes within the Department of Health, Education and Welfare an Education Division composed of: (1) the Office of Education; (2) the National Institute of Education; and (3) the National Center for Education Statistics. States that the Education Division shall be headed by an Assistant Secretary of Health, Education and Welfare who shall be appointed by the President with the advice and consent of the Senate. Sets forth the functions and responsibilities of the Assistant Secretary. Provides that the Office of Education shall be headed by the Commissioner of Education who shall be appointed by the President by and with the advice and consent of the Senate. Sets forth the organization and administration composition of the Office. Establishes the National Institute of Education which shall consist of a National Council on Educational Research and a Director of the Institute. States that the Council shall consist of 15 members appointed by the President, by and with the advice and consent of the Senate. Provides that the Council shall: (1) establish general policies for, and review the conduct of the Institute; (2) conduct such studies as may be necessary to fulfill its functions; and (3) prepare an annual report as required by this Act. Sets forth the organization and functions of the Institute. Establishes a National Center for Education Statistics which shall consist of a National Board for Education Statistics and a Director of the Center. States that the purpose of the Center is to collect and disseminate statistics and other data related to education in the United States and in other nations. Sets forth the duties of the Center. Provides that the Board shall be composed of six members appointed by the President by and with the advice and consent of the Senate. States that no more than three of the appointed members may be members of the same political party. Sets forth the duties of the Board. Establishes a Federal Interagency Committee on Education. States that the Committee shall advise the heads of departments and agencies with respect to their functions which relate to, or affect, education and encourage them to coordinate such functions. Sets forth rules for education officers of the United States. Establishes a National Commission of Education Policy Planning and Evaluation. Sets forth the composition of the Commission. States that the purpose of the Commission is to make recommendations to the President and the Congress with respect to national policy regarding the Federal policy toward education in the United States and to investigate and evaluate activities of the Federal Government as they relate to education. Sets forth the functions of the Commission and its administrative composition. Provides that not later than March 31 of each year the Assistant Secretary shall transmit to Congress an annual evaluation report containing information relating to educational programs and contracts. Provides for audits, evaluations and review by the Comptroller General of any activity of either the Office of Education or the National Institute of Education upon an authorized request. Permits appropriations to be made available for expenditure under specified programs on the basis of an academic or school year basis which differs from the fiscal year for which such appropriation is made. Sets forth general rules relating to the carryover of appropriated funds and the availability of such. Authorizes the Commissioner to use the services and facilities of any agency or institution in accordance with appropriate agreements, and to pay for such services and facilities on such terms as may be agreed upon. Sets forth the Commissioner's rulemaking procedures and authority. Provides that except in the case of a law which is an applicable statute or is enacted in express and specific limitation of this Act, no provision of any law shall be construed to authorize the consolidation of any applicable program with any other program. States that payments pursuant to grants or contracts under any applicable program may be made in installments and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments as the Commissioner may determine. States that no provision of any applicable state shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, school, or school system, or over the selection of library resources, textbooks, or other printed or published instructional materials by any educational institution or school system, or to require the assignment or transportation of students or teachers in order to overcome racial imbalance. Provides that each recipient of funds from a grant or contract under any applicable program shall keep such records as the Commissioner shall prescribe, including records which fully disclose the amount and dispostion by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant or contract is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. States that each State, local educational agency, institution of higher education, and other eligible applicant under any applicable program which desires to receive a grant, or make a contract, or receive other payments, under any applicable program for any fiscal year, shall submit to, and maintain on file with the Commissioner, a general application which shall apply for all applicable programs. States that whenever the Commissioner, after reasonable notice and an opportunity for hearing, finds that there has been a failure, by any recipient of funds under any applicable program, to comply substantially with the terms to which such recipient has agreed in order to receive such funds, the Commissioner shall notify such recipient that further payments will not be made to such recipient under that program until he is satisfied that such recipient no longer fails to comply with such terms. Provides that until the Commissioner is so satisfied, no further payments shall be made to such recipient. Sets forth the procedure for both administrative and judicial review of the Commissioner's actions. Provides that at any time that the Commissioner establishes an entitlement, or makes an allotment or reallotment to any State, under any applicable program, he shall reduce such entitlement, allotment, or reallotment by such amount as he determines it would have been reduced, had the data on which the entitlement, allotment, or reallotment is based excluded all data relating to local educational agencies of the State which on the date of the Commissioner's action are ineligible to receive the Federal financial assistance involved because of a failure to comply with title VI of the Civil Rights Act of 1964. Establishes, within the office of the Assistant Secretary, an advisory council management unit which shall be responsible for providing managerial guidance to, maintain records for, providing personnel and assistance to the budgets of advisory councils. Sets forth the organization and duties of such unit. Authorizes the Commissioner to create advisory council on specified subjects. Authorizes the Assistant Secretary to disseminate information to which will detail federal education programs. Establishes in the Treasury a separate fund for the improvement of postsecondary education. Provides that the Commissioner shall conduct special surveys and studies in the field of education upon request, by resolution, of the Committee on Education and Labor of the House or the Committee on Labor and Public Welfare in the Senate. Provides for conforming technical amendments to existing law. Title VIII: Financing Elementary and Secondary Education - States that it is the purpose of this title to provide financial assistance to the States and to local educational agencies to assure that their resources when supplemented by this Federal assistance will be adequate to provide to all children an elementary and secondary education of high quality. Provides that each local educational agency will be entitled to a general education grant for each fiscal year during the period beginning July 1, 1975, and ending June 30, 1977, in an amount computed pursuant to a specified formula. Sets forth the specific formulae to be used in computing the amount of such grants. States that any local educational agency which desires to receive for any fiscal year the general education grant to which it is entitled under this title must submit to the appropriate State educational agency an application which conforms to the requirements in this title. States that any State which desires that the local educational agencies of that State receive general education grants under this title shall submit through its State educational agency an application therefor at such time or times, in such form, and containing such information as the Commissioner may reasonably require by regulation. Provides that the total of the payments made under this title to any State for any fiscal year shall not exceed an amount equal to 10 percent of the aggregate of the current expenditures for free public education of the State and the local educational agencies in that State for the preceding fiscal year. Sets forth formulae for computing educational grants to the States and requirements which the States must comply with. Limits the aggregate appropriations to the agencies in the Education Division to specified amounts for each fiscal year.

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2 official files

• Indefinitely postponed in Senate

  summary · EN · 20 May 1974

  Open at official source

• Introduced in Senate

  summary · EN · 11 April 1973

  Open at official source

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