An Act to extend programs of assistance for elementary and secondary education, and for other purposes
PL 91-230 (H.R.514), enacted 04/13/1970

42 u s e 2000d-5. 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
121 
Public Law 91-230 
^N ACT 
April 13. 1970 
To extwid i>r()granis of assistance for elementary and secondary education, and 
[H. R. 514] 
for other i)uriM)ses. 
Be it eruK-ted hy the Senate and Flou^e of Re'pre><enfatii^e>i of the 
United Statea of America in Congr'e-sH nHHemhted^ 
Elementary and 
secondary educa-
tion assistance 
POI.K^Y WITH KKSPECT TO T H E APPLICATION OF CERTAIN PROVISIONS OK programs, exten-
FEDERAL EAW 
sion. 
SEC. 2. (a) It is tlie policy of the United States that guidelines and 
criteria established pursuant to title VI of the Civil Rights Act of 
1964 and section 182 of the Elementary and Secondary Education 
"^ ^
'
f
*
- ^52. 
Amendments of 1966 dealing with conditions of segregation by race, 
go sta?, ^uo^t 
whether de jure or de facto, in the schools of the local educational si stat. 787. 
agencies of any State shall be applied uniformly in all regions of the 
Ignited States whatever the origin or cause of such segregation. 
(b) Such uniformity refers to one policy applied uniformly to de 
uniformity. 
jure segregation wherever found and such other policy as may be i)ro-
vided pursuant to law applied uniformly to de facto segregation 
wherever found. 
(c) Nothing in this section shall be coiistrued to diminish the compliance. 
obligation of responsible officials to enforce or comply with such 
guidelines and criteria in order to eliminate discrimination in 
federally-assisted programs and activities as required by title VI of the 
(^ivil Rights Act of 1964. 
(d) It is the sense of the Congress that the Department of Justice 
Additional 
and the Department of Health, Education, and Welfare should 
request such additional funds as may be necessary to apply the policy 
set forth in this section throughout the United States. 
TITLE 
I—AMENDMENTS TO T H E ELEMENTARY AND 
' ' 
SEC^ONDARY EDUCATION ACT OF 1965 
PART A—AMENDMENTS TO TITLE I OF THE ELEMENTARY AND SEC-
ONDARY EDUCATION ACT OF 1965 
(EDUCATION OF DISADVANTAGED 
(^HILDREN) 
E X T E N S I O N 
O F T I T L E I OF T H E ELEMENTARY AND SECONDARY EDUCATION 
ACT OF 19 65 
SEC. 101. (a) Section 102 of title I of the Elementary and Second-
ary P2ducation Act of 1965 is amended by striking out ''June 30,1970"" g/gtal^'" ^^' 
and inserting in lieu thereof "June 30,1973"'. 
20 use 24ib. 
(b) The third sentence of section 103(a) (1) (A) of such title I is 
^^ ^tat. 783.' 
amended by striking out "the fiscal year ending June 30, 1969,"' and 
^'*^'^* 
inserting in lieu thereof "each of the succeeding fiscal years ending 
prior to July 1,1972,"'. 
(c) Section 121 (d) of such title I is amended by striking out "each"' 
^1 s'''*- ^s^' 
where it ajjpears after "$50,000,000" and by striking out "the succeed- 
26 use 24ih.i. 
ing fiscal year"* and insertiii.'i in lieu thereof "for each of the succeed-
ing fiscal years ending prior to July 1,1973"'. 
S T I D Y OF ALLOCATION OF FUNDS 
SEC. 102. (a) The Commissioner of Education shall make a study 
of the allocation of sums appropriated for the purposes of title I of 
122 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
s/stat^Vs?^' 
the Elementury and Secondary Education Act of 19(55 and of the 
20 use 24ia 
effectiveness of tlie various provisions of such title in making funds 
"°'''' 
avaihible to State and local educational agencies in order to meet the 
purposes of such title 1, Such study shall make special reference to the 
distribution of funds to local educational agencies within counties, the 
means by which such funds may he concentrated in school attendance 
areas with the highest concentrations of children from low-income 
families, the appropriateness of the Federal percentage and the low-
income factor provided for in subsection (c) of section 103 of such 
si^stat^'ss^Vs? 
^^^^^ ^ when considered in the light of the extra cost of providing 
20 use 241C. * compensatory educution for educationally deprived children (includ-
ing the means of providing services authorized by such title to such 
children residing in rural areas), and the use of special incentive 
grants to increase State and local effort for education. 
3!F°^^ *° ^°"' 
(^) ^^^ ^'^^^^' ^^*'^" March 81, 1972, the Commissioner shall submit 
to the (^ongress a report on the study required by subsection (a), 
together with such recommendations as he may deem appropriate with 
respect to modification of programs under title I of the Elementary 
and Secondary Education Act of 1965. Xotwithstanding the first 
79 Stat. 28. 
seiit^uce of section 108(d) of such title I, the Commissioner shall not 
use data fo 
census of the 
gress. 
)r the purposes of section 108 of such title I from the 1970 
he United States prior to July 1, 1972, 
nKSKJXA'riOX OK R K S P O N S I B I L I T Y F O R P R O V I S I O N O F Sl'KClAL EOrCATlONAL 
SEKVH'KS FOR IXSTl'Jl nOXALIZED NE<}LE(TEI) OR DEI.IXQI'ENT CHlLnREX'^ 
SEC. 108. (a) Paragraph (2) of section 108(a) of title I of the 
79 Stat. 28; 
Elementary and Secondary Education Act of 1965 is amended by add-
nig at the end thereof the following sentence: "Xotwithstanding the 
foregoing })rovisions of this ])aragraph, upon determination by the 
State educational agency that a local educational agency in the State 
is unable or unwilling to provide for the S|)ecial educational needs of 
80 Stat. 1193. 
children, described in clause (C) of the first sentence of this para-
graph, who are living in institutions for neglected or delinquent chil-
dren, the State educational agency shall, if it assumes responsibility 
for t\\& si)ecial educational needs of such children, be eligible to receive 
the portion of the allocation to such local educational agency which is 
attributable to such neglected or delinquent children, but if the State 
educational agency does not assume such responsibility, any other 
State or local public agency, as determined by regulations established 
by the (Commissioner, which does assume such responsibility shall bo 
eligible to receive such portion of the allocation." 
79 Stat. 29. 
(b) Sectiou 108(d) of such Act is amended by adding at the end 
tliereof the following new sentence: "For purposes of this section, the 
Secretary shall consider all children who are in correctional institu-
tions to be living in institutions for delinquent children." 
IXC'Ll'SION OF I'l ERTO R1("0 AND OTJIER Ol'ri>YlX(} AREAS WlTFI RE81'E("T 
TO NE(J1.E(TEI> OR DELINQVENT CHILDREN 
SE(\ 104. (a) Paragraph (4) of section 108(a) of title I of the Ele-
79 Stat. 28; 
lueiitary and Secondary PMucation Act of 1965 is amended by striking 
1 Stat. 787, 
^^^^ "paragraph (5)" and inserting in lieu thereof "paragraphs (5) 
and (7)". 
Effective date. 
^j) J'],^, amendment made by this section shall be effective after 
June 80, 1970. 
i'l i v i i i j iU 
ffyciKflJKf 
SiH "lO^ l>'*tBtiqO'f<[qi; • MilfJ- 'f<; ilOf ' frJOl I 
f: Oitt 
^n 
84 STAT. ] 
PUBLIC LAW 91.230-APR. 13, 1970 
123 
AMENDMENTS WITH RESPECT TO HANDICAPPED AND NEGLECTED OR 
DELINQUENT CHILDREN 
SEC. 105. (a) Paragraph (5) of section 103(a) of title I of the 
Elementary and Secondary Education Act of 1965 is amended to read 
79 stat. nei; 
« n 
*' 
-
^ 
81 Stat. 787. 
as follows: 
20 use 24ic 
"(5) In the case of a State agency which is directly responsible for 
providing free public education for handicapped children (including 
mentally retarded, hard of hearing, deaf, speech impaired, visually 
handicapped, seriously emotionally disturbed, crippled, or other health 
impaired children who by reason thereof require special education), 
the maximum grant which that agency shall be eligible to receive under 
this part for any fiscal year shall be an amount equal to the Federal 
percentage of the average per puj)il expenditure in the State or, if 
f reater, m the United States, multiplied by the number of such chil-
ren in average daily attendance, as determined by the Commissioner, 
at schools for handicapped children operated or supported by the State 
agency, including schools providing special education for handicapped 
children under contract or other arrangement with such State a^ncy, 
in the most recent fiscal year for which satisfactory data are available. 
Such State agency shall use payments under this part only for pro-
grams and projects (including the acquisition of equipment and where 
necessary the construction of school facilities) which are designed to 
meet the special educational needs of such children." 
(b) Paragraph (7) of section 103(a) of such title I is amended by 
^o stat. 1194. 
inserting after "supported by that State agency" the following: 
", including schools providing education for such children under con-
tract or other arrangement with such agency,". 
(c) The amendments made by this section shall be effective after 
Effective date. 
June 30, 1970. 
R E Q U I R I N G GRANTS FOR MIGRATORY CHILDREN TO BE BASED ON THE 
NUMBER TO BE SERVED 
SEC. 106. (a) The first sentence of paragraph (6) of section 103(a) 
of title I of the Elementary and Secondary Education Act of 1965 is, 
so stat. 1192. 
effective with the first allocation of funds pursuant to such title by the 
Commissioner after the date of enactment of this Act, amended to read 
as follows: "A State educational agency which has submitted and had 
approved an application under section 105(c) for any fiscal year shall 
be entitled to receive a grant for that year under this part, based on 
the number of migratory children of migratory agriculture workers 
to be served, for establishing or improving programs for such children." 
(b) Tlie second sentence thereof is amended by striking "shall be" 
the first time it appears and inserting in lieu thereof "may be made"; 
and by inserting immediately before the period in such second sen-
tence the following: ", except that if, in tne case of any State, such 
^^t ?..:? 1, 
amount exceeds the amount required under the preceding sentence and 
under section 105(c) (2), the Commissioner shall allocate such excess, 
to the extent necessary, to other States whose maximum total of grants 
under this sentence would otherwise be insufficient for all such children 
to be served in such other States". 
USE OF MOST R E C E N T DATA UNDER TITLE I 
SEC. 107. (a) The third sentence of section 103(d) of title I of the 
Elementary and Secondary Education Act of 1965 is amended by 
so stat. 1195; 
inserting immediately before the period at the end thereof the fol- ^^ ^'^** ^^'** 
lowing: "or, to the extent that such data are not available to him 
before April 1 of the calendar year in which the Secretary's determina-
80 stat. 1192. 
20 use 241e. 
124 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
tion is made, tlieii on the basis of the most recent reliable data available 
to him at the time of such determination". 
20 use 2^1*0. 
('^) Section 103(e) of such title is amended by inserting the follow-
ing after "during the second fiscal year preceding the fiscal year for 
which the computation is made": "(or, if satisfactory data for that 
year are not available at the time of computation, then during the 
earliest preceding fiscal year for which satisfactory 
data 
are 
available)". 
SALARY BONUSES FOR TEACHERS IN SCHOOLS WITH HKJH CONCENTRATIONS 
o r EDUCA.TIONALLY DEPRIVED CIIIUJREN 
SEC. 108. Paragraph (1) of Section 105(a) of the Elementary and 
^stat^** ^°' 
Secondary Education Act of 1965 is amended by inserting "payments 
20 use 24i"e. 
to tcachers of amounts in excess of regular salary schedules as a bonus 
for service in schools eligible for assistance under this section," after 
"including the acquisition of equipment,''. 
PROHIBITION AGAINST SUPPLANTING STATE AND LOCAL FUNDS W I T H 
FEDERAL FUNDS 
SEC. 109. (a) Paragraph (3) of section 105(a) of title 1 of the Ele-
mentary and Secondary ICducation Act of 1965 is amended to read 
as follows: 
"(3) that (A) the local educational agency has provided satis-
factory assurance that the control of funds provided under this 
title, and title to property derived therefrom, shall be in a public 
agency for the uses and purposes provided in this title, and that 
a public agency will administer such funds and property, (B) 
Federal funds made available under this title will be so used (i) 
as to supplement and, to the extent practical, increase the level of 
funds that would, in the absence of such Federal funds, be made 
available from non-Federal sources for the education of pupils 
participating in programs and projects assisted under this title, 
and (ii) in no case, as to supplant such funds from non-Federal 
sources, and (C) State and local funds will be used in the district 
of such agency to provide services in project areas which, taken as 
a whole, are at least comparable to services being provided in areas 
in such district which are not receiving funds under this title: 
Provided^ That any finding of noncompliance with this clause 
shall not affect the payment of funds to any local educational 
agency until the fiscal year beginning July 1, 1972, and Provided 
further^ That each local educational agency receiving funds un-
der this title shall report on or before July 1, 1971, and on or 
before July 1 of each year thereafter with respect to its compliance 
with this clause;". 
Effective date. 
(b) The amendment made by subsection (a) shall be effective with 
respect to all applications submitted to State educational agencies 
after thirty days after the date of enactment of this Act. Nothing in 
this section shall be construed to authorize the supplanting of State 
and local funds with Federal funds prior to the effective date of the 
amendment made by this section. 
APPLICATIONS TO BE MADE AVAILABLE TO 
PUBLIC 
SEC. 110. Section 106(a) of title I of the Elementary and Second-
ary Education Act of 1965 is amended by redesignating paragraphs 
79 Stat. 30; 
(8) through (11) as paragraphs (9) through (12), respectively, and 
81 Stat. 784. 
jj^y inserting after paragraph (7) the following new paragraph: 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
125 
"(8) that the local educational aj>ency is makiiij>' tlie application 
and all pertinent documents related thereto available to parents and 
other members of the oeneral public and that all evaluations and 
reports required under paragraph (7) shall be public information;". 
AMENDMENTS 
W I T H 
REKPECT TO APPLICATIONS AND 
ASSURANCES 
SEC. 111. (a) The parenthetical phrase in clause (A) of section 
10(>(a)(8) of title I of the Elementary and Secondary Education 
Act of 1965 is amended by inserting "and of research and rei)lication 
^? ^
*
^
*
* 3ii 
studies" immediately before the closing parenthesis. 
20 use 24'if. 
(b) Section 10r)(a) (7) of such title is amended by inserting "(which 
^9 stat. 31; 
in the case of reports relating to performance is in accordance with 
20 use 2
4
^
i
*
e
. 
specific performance criteria related to i)rogram objectives)" aftei* 
"such information". 
NATIONAL ADVISOKY COUNCIL 
SEC. 112. Section 184 of title I of the Elementary and Secondary 
Education Act of 1965 is amended to read as follows: 
llfr^l'^^: 
20 use 24 u. 
NATIONAL ADVISOKY COUNCIL 
Review and 
evaluation. 
"SEC. 184. (a) There shall be a National Advisory (^ouncil on the 
Education of Disadvantaged Children (hereinafter in this section 
referred to as the 'National Council') consisting of fifteen members 
appointed by the President, without regard to the provisions of title a, 
United States Code, governing appointment in the competitive serv- 
5°us'c**io^i^^ef 
ice, for terms of three years, except that (1) in the case of initial mem- seq. 
bers, five shall be appointed for terms of one year each and five shall be 
appointed for terms of two years each, and (2) appointments to fill 
vacancies shall be only for such terms as remain unexpired. The 
National Council shall meet at the call of the Chairman. 
"(b) The National Council shall review and evaluate the adminis-
tration and operation of this title, including its effectiveness in 
improving the educational attainment of educationally deprived chil-
dren, including the effectiveness of programs to meet their occupational 
and career needs, and make recommendations for the improvement of 
this title and its administration and operation. These reconmiendations 
shall take into consideration experience gained under this and other 
Federal educational programs for disadvantaged children and, to tlie 
extent appropriate, experience gained under other public and private 
educational programs for disadvantaged children. 
"(c) The National Council shall make such reports of its activities, 
findings, 
and reconmiendations 
(including recommendations for 
changes in the provisions of this title) as it may deem appropriate and 
shall make an annual report to the President and the Congress not to'^p're^ldentTnd 
later than March 81 of each calendar year. Such annual report shall congress." 
include a report specifically on which of the various compensatory 
education programs funded in whole or in part under the provisi(ms of 
this title, and of other public and private educational programs for 
educationally deprived children, hold the highest promise for raising 
the educational attainment of these educationally deprived children. 
The President is requested to transmit to the Omgress such comments 
and recommendations as he may have with respect to such report." 
47-348 0 - 7 2 - 1 2 (Pt. 1) 
126 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
INCREASE I N LOW-INCOME FACTOR AND SPECIAL GRANTS FOR URBAN AND 
RURAL SCHOOLS SERVING ATTENDANCE AREAS W I T H T H E HIGHEST CON-
CENTRATIONS OF CHILDREN FROM LOW-INCOME FAMILIES 
SEC. 113. (a) The second sentence of subsection (c) of section 103 
gj8o^sjau^n94; 
of title I of the Elementary and Secondary Education Act of 1965 
20 use 241c. 
is amended by striking out all after "1968," and inserting in lieu 
thereof the following: "and for the four succeeding fiscal years they 
shall be 50 per centum and $3,000, respectively, and for the fiscal year 
ending June 30, 1973 they shall be 50 per centum and $4,000, 
respectively.". 
(b) (1) Title I of such Act is further amended by striking out "PART 
s/stat^Vse^' 
A—BASIC GRANTS" where it appears before section 101 and inserting 
20 use 241a, 
"PART A—BASIC GRANTS" before section 103. 
241c. 
(2] Section 101 of such title I is amended by striking out "this part" 
and inserting in lieu thereof "the following parts of this title". 
(3) Sections 102, 105, 106, 107, and 108 of such title I are each 
amended by striking out "this part" and inserting in lieu thereof "this 
title". 
(4) Sections 105, 106, 107, 108, 131, 132, 133, 134, 135, and 136 of 
20 use 24le- 
such title I, and all references thereto, are redesignated as sections 141, 
24im, 24la note. 
^^^^ ^^^^ ^^^^ ^^^^ ^^g^ ^^^^ ^^g^ ^^^^ ^^^ ^^^^ respectlvely. 
(5) Such title I is further amended by striking out the heading of 
part C and by inserting before the caption heading of section 141 
the following: 
"PART D—GENERAL PROVISIONS". 
81 Stat. 786. 
(6) Sucli title I is further amended by striking out all of part B 
20 use 24ih.i. 
thereof and inserting after section 103 the following: 
"PART B—SPECIAL INCENTIVE GRANTS 
"MAXIMUM ENTITLEMENT 
"SEC. 121. (a) In the case of any fiscal year ending after June 30, 
1969, each State shall be entitled to a special incentive grant if such 
State has an effort index for the second preceding fiscal year that 
exceeds the national effort index for such year. 
"(b) The maximum amount of a special incentive grant for which 
a State is eligible for any fiscal year shall be determined by multiplying 
the amount of $1 for each 0.01 per centum by which the effort index 
of that State for the second preceding fiscal year exceeds the national 
effort index for such year times the aggregate number of children 
counted for the purposes of entitled local educational agencies within 
such State to basic grants in accordance with clauses (2), (5), (6), and 
20 use 241c. 
(7) of section 103(a), except that no State shall be eligible to receive a 
special incentive grant under this part in an amount in excess of 15 
per centum of the total amount available for grants under this part. 
"APPLICATION; USE OF FUNDS 
"SEC. 122. Any State desiring the special incentive grant to which 
it is entitled under this part for any fiscal year shall make application 
therefor, in accordance with the rec^uirements set forth in section 142, 
to the Commissioner. Such application shall be submitted at such time 
and contain such information as the Commissioner shall require by 
regulation and shall contain a statement of such policies and proce-
dures as will insure that funds granted to the State under this part 
will be (1) made available to local educational agencies within that 
State which have the greatest need for assistance under this title, and 
(2) used, in accordance with the applicable provisions of this title, for 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
VI7 
\n'o^ViU\\s Hiid projects desi<iiied to meet tlie special educatioiia] needs 
of educationally dej)iived children. 
''DEFINITIONS 
"SEC. 128. For the i)iirpose of this part the term 'eiiort index' Avhen 
applied to States, means the per centum expressing the ratio of expend-
itures from all non-Federal sources in a State for public elementary 
and secondary education to the total personal income in such State, 
and the term 'national ei!ort index* means the per centum exjiressing 
the ratio of such expenditures in all States to the total personal income 
in all States; and the term 'State" means the fifty States and the Dis-
trict of (.'olumbia. 
''I'ART C—SPECIAL GRANTS EOK L'RBAX AND RURAL SCHOOLS SERVIN(J 
AREAS W I T H THE HKJHEST CONCENTRATIONS OE CHILDREN FROM 
LOW-INCOME FAMILIES 
" E L I G I B I L I T Y 
A N D 
M A X I M U M 
AMOl'NT OF (JRANT 
•'SEC. 131. (a)(1) Each local educati<mal agency which is eligible 
for a grant under paragraph (2) of section 103(a) shall be entitled to 
an additional grant under this paragraph for any fiscal year if— 
"(A) the total number of children described in clause (A), 
(I^), or (C) of section 103(a)(2) in the school district of such 
agency for such year amounts to at least 20 per centum of the total 
mimber of children, aged five to seventeen inclusive, in the school 
district of such agency for such year; or 
"(B) the total number of children described in clause (A), (B), 
or (C) of section 103(a) (2) in the school district is at least 5,000 
and amounts to at least 5 per centum of the total number of chil-
dren, aged five to seventeen, inclusive, in such school district. 
"(2) P^ach local educational agency which is eligible for a grant 
under paragraph (2) of section 103(a) and which (A) is not eligible 
for a grant under paragraph (1) of this subsection, but (B) would be 
eligible for a grant under such paragraph (1) if there were in the 
school district of such agency a relatively small increase in the number 
of children, aged five to seventeen, inclusive, described in clause (A), 
(B),or (C) of section 103(a)(2) shall be entitled to a grant under this 
l)aragraph (2) if the State educational agency of the State in which 
such agency is located determines (in accordance with criteria estab-
lished by regulation of the Commissioner) that such agency has an 
urgent need for financial assistance to meet the si)ecial educational 
needs of the educationally deprived children in the school district of 
such agency. 
''(b)(1) The maxinunn amount of any grant to any lo<"al educa-
tional agency under paragraph (1) of subsection (a) shall be— 
•'(A) for the fiscal year ending June 30, 1970, 30 per centum 
of the amount that such agency is eligible to receive for such fiscal 
year under paragraph (2) of section 103(a) ; and 
"(B) for any succeeding fiscal year, 40 ])er centum of the 
amount that such agency is eligible to receive for each such suc-
ceeding fiscal year. 
The aggregate of the amounts for which all local educational agencies 
are eligible under this paragraph for any fiscal year shall not exceed 
the amount determined in the following manner: 
''(i) compute the total amount for which all State and 
local educational agencies are eligible under this title for that 
fiscal year; 
"(ii) subtract from such total, a sum equal to the figure 
set forth in paragraph (3) of section 144; and 
"Effort index." 
"National effort 
index." 
79 Stat. 28; 
81 Stat. 787. 
20 u s e 241c. 
79 Stat. 28; 
80 Stat. 1193; 
81 Stat. 787. 
81 Stat. 785; 
Ante, p. 126. 
20 u s e 241h. 
128 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
"(iii) if that portion of such total which is attributable to 
amounts for which local educational agencies are eligible 
under this paragraph constitutes more than 15 per centum of 
the remainder of such total, reduce such portion until it con-
stitutes 15 per centum of such remainder, through ratable 
reductions of the maximum grants for which local educa-
tional agencies are eligible under this paragraph. 
"(2) The maximum amount of any grant to any local educational 
,P 
agency under paragraph (2) of subsection (a) shall not exceed the 
maximum amount to which it would have been entitled if it had been 
eligible under paragraph (1) of such subsection. The maximum 
amount which shall be available to the Commissioner for grants under 
such paragraph (2) of subsection (a) shall be, for the fiscal year 
ending June 30, 1970, equal to 3 per centum of the total amount 
available for grants for such fiscal year under paragraph (1) of sub-
section (a) and, for any succeeding fiscal year, such amount shall 
be equal to 5 per centum of the total amount available for grants for 
that year under such paragraph (1). 
"^'^'^•" 
"(c) For the purposes of this section the term 'State' means the fifty 
States and the District of Columbia. 
"(d) (1) In making determinations under this section the Commis-
sioner is authorized, in accordance with regulations prescribed by 
him, to use the most recent satisfactory data made available to him 
by the appropriate State educational agency. If satisfactory data for 
determining the number of children described in clause (A), (B) or 
79 Stat. 28; 
((]) of sectiou 103(a) (2) in a school district for the purpose of sub-
si Stat.' 787?' 
section (a) are not otherwise available to the Commissioner, such 
20 use 241c. 
determination may be made on the basis of data furnished to him hj 
a State educational agency with respect to the amount of the maxi-
mum grant under part A of this title allocated by such State agency 
to the local educational agency for such district in the State for the 
purpose of the second sentence of section 103(a)(2), for the fiscal 
year preceding the fiscal year for which such determination is made. 
"(2) Determinations under this section may be made on the basis 
Ante, p. 122. 
of data furnished in accordance with section 103(d). 
u 
USES o r FUNDS 
"SEC. 132. (a) Funds available for grants under this part shall be 
used solely for programs and projects designed to meet the special 
educational needs of educationally deprived children in preschool 
programs and in elementary schools serving areas with the highest 
concentrations of children from low-income families, except that such 
funds may be used for programs and projects for such children in 
secondary schools serving areas with the highest concentrations of 
children from low-income families if the local educational agency and 
its State educational agency determine (in accordance with criteria 
established by regulation of the Commissioner) that— 
"(A) there is an urgent need for such programs and projects 
for such children in secondary schools in the area to be served by 
the local educational agency; and 
"(B) there is satisfactory assurance that such programs and 
projects will be at least as effective in achieving the purposes of 
this title as the use of such funds for programs and projects for 
such children in elementary schools in such area. 
"(b) In addition to meeting the requirements and conditions set 
forth in part D, applications for grants under this part shall meet 
such other requirements and conditions, consistent with the purposes 
of this title, as the Commissioner shall establish by regulation.". 
Ante, p. 126. 
(j) Section 141(a) of such title is amended by striking out "and" 
20 u s e 241e. 
^ ' 
./ 
o 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
129 
at the end of paragraph (10), and by striking out the period at the 
end of paragraph (11) and inserting in lieu thereof "; and"', and by 
adding at the end thereof the following new paragraph: 
"(12) in the case of funds received under part C of this title, 
^"'®' P- ^^7. 
the local educational agency sets forth such procedures and poli-
cies and provides such assurances as the Commissioner may 
require by regulation for the uses of funds available under such 
part C to carry out the purposes of this title, and, for any fiscal 
year ending after June 30, 1970, sets forth a comprehensive plan 
for meeting the special educational needs of children to be served 
under such part C including provisions for effective use of all 
funds available under this title and provisions setting forth specific 
objectives of such plan and the criteria and procedures, including 
objective measurements of educational achievement, that will be 
used to evaluate at least annually the extent to which the objec-
tives of the plan have been met.". 
(8) Section 143 of such title I is amended— 
^"^^' P- I26. 
(A) by inserting before the period at the end of paragraph 
(2) of subsection (a) thereof "or section 131", and 
(B) by striking out "sections 103 and 144" where it appears in 
clause (1) of subsection (b) and inserting in lieu thereof "sec-
tions 103, 131, and 144". 
(9) Section 146 of such title I is amended by striking out ", 106(b), 
^"'^' P- ^^e. 
or 121 (b)" and inserting in lieu thereof "or 142 (b)". 
(10) Section 147 of such title I is amended by striking out ", 103(b) 
20 use 24ik. 
or 121(b)" and inserting in lieu thereof "or 142(b)". 
(c) Section 144 of such title is amended (A) by striking out "para- ^^^^^^^'126^' 
graphs (1) and (2)" in paragraph (3) and inserting in lieu thereof 
"ao^^sc 24ih. 
"paragraphs (1), (2), and (3)", (B) by redesignating such paragraph 
(3) as paragraph (4), and (C) by inserting before such paragraph (4) 
the following new paragraph: 
"(3) that part of such sums for any fiscal year which is in 
excess of $1,396,975,000 shall be allocated on the basis of compu-
tations in accordance Avith remaining entitlements under section 
103(a) (2), and entitlements under sections 121 and 131, as ratably ,,f"*^' PP- ^^e, 
reduced, but in no case shall allocations on the basis of computa-
tions in accordance with section 131 exceed 15 per centum of such 
excess; and". 
(d) Effective for fiscal years ending after June 30,1972, such section 
144 is further amended— 
(1) by inserting after the first sentence the following new sen-
tence : "For the purposes of parts B and C of this title, in deter-
mining entitlements under such parts, the number of children 
described in section 103(a) shall be ascertained by using a low-
income factor of (i) $2,000 when allocations are made under clause 
(A) of paragraph (2) in the first sentence of this section, (ii) 
$3,000 when allocations are made under clause (B) of such para-
graph, and (iii) $4,000 when allocations are made under clause 
(C) of such paragraph."; and 
(2) by striking out clause (B) of paragraph (2) and inserting 
in lieu thereof the following: 
"(B) until appropriations are sufficient to satisfy all maxi-
mum grants as computed by using a low-income factor of 
$3,000, any amount remaining after allocations are computed 
pursuant to clause (A) shall be allocated by using a low-
income factor of $3,000 with respect to children described in 
section 103(a) (2) who are not counted for purposes of clause 
(A);and 
"(C) until appropriations are sufficient to satisfy all maxi-
mum grants as computed by using a low-income factor of 
127. 
130 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
$4,000, any amount remaining after allocations are computed 
pursuant to clauses (A) and (B) shall be allocated by using 
a low-income factor of $4,000 with respect to children 
. ' 
described in section 103(a) (2) who are not counted for pur-
poses of clause (A) or (B); and 
"(D) the aggregate amount available for grants to local 
educational agencies within each State shall be not less than 
the aggregate amount allocated to local educational agencies 
within such State for the fiscal year ending June 30, 1967. 
until the total sums available from appropriations for that 
^"^«' p- 126. 
fiscal year exceed $1,500,000,000 for Pait A of title I; and". 
Effective date. 
^^^ Except as othcrwise provided, the amendments made by this 
section shall be effective with respect to fiscal years ending after 
June 30,1969. 
H , . 
, 
TECHNICAL 
AMENDMENT 
SEC. 114. Section 107(b) (2) of title I of the Elementary and S.ec-
9
n u^r olf^' 
ondary Education Act of 1965 is amended by striking out "Wake 
20USC241g. 
jglj^j^^^„ 
PART B—AMENDMENTS TO TITLE I I or THE ELEMENTARY AND SECOND-
ARY EDUCATION ACT OF 1965 
(LIBRARY RESOURCES, TEXTBOOKS, AND 
, r, 
OTHER PRINTED AND PUBLISHED MATORIALS ) 
EXTENSION OP TITLE II or THE ELEMENTARY AND SECONDARY EDUCATION 
ACT O F 1965 
SEC. 121. (a) Section 201(b) of the Elementary and Secondary 
si^stat^'siV^^' 
Education Act of 1965 is amended by striking out "and" where it 
20 use 821. 
appears after "1969," and by striking out "the fiscal year ending 
June 30, 1970" and inserting in lieu thereof "each of the fiscal years 
ending June 30,1970, and June 30,1971, $210,000,000 for the fiscal year 
ending June 30, 1972, and $220,000,000 for the fiscal year ending 
June 30,1973". 
si^stat^^ys^^^' 
(^) '^^^ third sentence of section 202(a) (1) of such Act is amended 
20 use 8
2
*
2
. 
by striking out "the fiscal year ending June 30,1969," and inserting in 
lieu thereof "each of the succeeding fiscal years ending prior to July 1, 
1972,". 
(c) Section 204(b) of such Act is amended by striking out "July 1, 
1970" and inserting in lieu thereof "July 1, 1973". 
79 Stat. 38. 
20 u s e 824. 
PART 
C—AMENDMENTS ix) TITLE I I I 
OF THE ELEMENTARY AND 
SECONDARY EDUCATION ACT OF 1965 
(SUPPLEMENTARY 
EDUCA-
TIONAL SERVICES AND CENTERS) 
CONSOLIDATION OF CERTAIN EDUCATION PROGRAMS 
SEC. 131. (a) (1) Title I I I of the Elementary and Secondary Edu-
79 Stat. 39; 
catioii Act of 1965 is amended to read as follows: 
11 Stat. 788. 
20 u s e 841-848. 
"TITLE III—SUPPLEMENTARY EDUCATIONAL (T.NTERS 
AND 
SERVICES; 
GUIDANCE, 
COUNSELING, 
AND 
TESTING 
"APPROPRIATIONS AUTHORIZED 
" 
"SEC. 301. (a) The Commissioner shall carry out a i)rogram for 
making grants for supplementary educational centers and services, 
to stimulate and assist in the provision of vitally needed educational 
services not available in sufficient quantity or quality, and to stimulate 
and assist in the deA^elopment and establishment of exemplary ele-
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
131 
mentary and secondary school educational programs to serve as models 
for regular school programs, and to assist the States in establishing 
and maintaining programs of testing and guidance and counseling. 
"(b) For the purpose of making grants under this title, there is 
Appropriation. 
hereby authorized to be appropriated the sum of $550,000,000 for the 
fiscal year ending June 30,1971, $575,000,000 for the fiscal year ending 
June 30, 1972, and $605,000,000 for the fiscal year ending June 30, 
1973. In addition, there are hereby authorized to be appropriated for 
the fiscal year ending June 30, 1971, and each of the succeeding fiscal 
years, such sums as may be necessary for the administration of State 
plans, the activities of advisory councils, and the evaluation and dis-
semination activities required under this title. 
"ALLOTMENT AMONG STATES 
"SEC. 302. (a) (1) There is hereby authorized to be appropriated for 
each fiscal year for the purposes of this paragraph an amount equal to 
not more than 3 per centum of the amount appropriated for such year 
for grants under this title. The Commissioner shall allot the amount 
appropriated pursuant to this paragraph among Puerto Rico, Guam, 
American Samoa, the Virgin Islands, and the Trust Territory of the 
Pacific Islands according to their respective needs for assistance under 
this title. In addition for each fiscal year ending prior to July 1, 1972, 
^ 
he shall allot from such amount to (A) the Secretary of the Interior 
the amount necessary to provide programs and projects for the pur-
pose of this title for individuals on reservations serviced by elemen- 
'
^ 
tary and secondary schools operated for Indian children by the De-
partment of the Interior, and (B) the Secretary of Defense the 
amount necessary for such assistance for children and teachers in the 
overseas dependents schools of the I>epartment of Defense. The terms 
upon which payments for such purpose shall be made to the Secretary 
of the Interior and the Secretary of Defense shall be determined pur-
suant to such criteria as the Commissioner determines will best carry 
out the purposes of this title. 
"(2) From the sums appropriated for making grants under this 
title for any fiscal year pursuant to section 301(b), the Commissioner 
,, 
shall allot $200,000 to each State and shall allot the remainder of such 
sums among the States as follows: 
"(A) He shall allot to each State an amount which bears the 
same ratio to 50 per centum of such remainder as the number of 
children aged five to seventeen, inclusive, in the State bears to the 
number of such children in all the States, and 
"(B) He shall allot to each State an amount Avhich bears the 
same ratio to 50 per centum of such remainder as the poi)ulation 
of the State bears to the population of all the States. 
For the purposes of this subsection, the term "State" does not include 
"state." 
the Commonwealth of Puerto Rico, Guam, American Samoa, the 
Virgin Islands, and the Trust Territory of the Pacific Islands. 
"(b) The number of children aged five to seventeen, inclusive, and 
the total population of a State and of all the States shall be determined 
by the Commissioner on the basis of the most recent satisfactory data 
available to him. 
"(c) The amount allotted to any State under subsection (a) for any 
fiscal year, which the Commissioner determines will not be required 
for the period for which that amount is available, shall be available for 
grants pursuant to section 306 in such State, and if not so needed 
may be reallotted or used for grants pursuant to section 306 in other 
States. Funds available for reallotment may be reallotted from time to 
time, on such dates during that period as the Commissioner may fix, 
among other States in proportion to the amounts originally allotted 
132 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
Availability 
of funds. 
among those States under subsection (a) for tliat year, but with tlie 
proportionate amount for any of the other States being reduced to the 
extent it exceeds the sum the Commissioner estimates that State needs 
and will be able to use for that period; and the total of these reductions 
may be similarly reallotted among the States whose proportionate 
amounts were not so reduced. Any amount reallotted to a State under 
this subsection from funds appropriated pursuant to section 301 for 
any fiscal year shall be deemed to be a part of the amount allotted to it 
under subsection (a) for that year. 
"(d) The amounts made available under the first sentence of sub-
section (c) for any fiscal year shall remain available for grants during 
the next succeeding fiscal year. 
72 Stat. 1592; 
78 Stat. 1106; 
82 Stat. 1057. 
20 u s e 481-
485. 
Grants. 
79 Stat. 49; 
80 Stat. 1203. 
20 u s e 863. 
USES OF FEDERAL FUNDS 
"SEC. 303. (a) It is the purpose of this title to combine within a sin-
gle authorization, subject to the modifications imposed by the provi-
sions and requirements of this title, the programs formerly authorized 
by this title and title V-A of the National Defense Education Act of 
1958, and except as expressly modified by this title. Federal funds may 
be used for the same purposes and the funding of the same types of 
programs previously authorized by those titles. 
"(b) Funds appropriated pursuant to section 301 shall be avail-
able only for grants in accordance w4th applications approved pur-
suant to this title for— 
"(1) planning for and taking other steps leading to the devel-
opment of programs or projects designed to i)rovide supplemen-
tary educational activities and services described in paragraphs 
(2) and (3), including pilot projects designed to test the effective-
ness of plans so developed; 
"(2) the establishment or expansion of exemplary and innova-
tive educational programs (including dual-enrollment programs 
,and the lease or construction of necessary facilities) for the pur-
pose of stimulating tlie adoption of new educational programs 
(including those described in section 503(4) and special programs 
for handicapped children) in the schools of the State; and 
"(3) the establishment, maintenance, operation, and expansion 
of programs or projects, including tlie lease or construction of 
necessary facilities and the acquisition of necessary equipment, 
designed to enrich the programs of local elementary and second-
ary schools and to offer a diverse range of educational experience 
to persons of varying talents and needs by providing, especially 
through new and improved approaches, supplementary educa-
tional services and activities, such as— 
"(A) remedial instruction, and school health, physical 
education, recreation, psychological, social work, and other 
services designed to enable and encourage persons to enter, 
remain in, or reenter educational programs, including the 
provision of special educational programs and study areas 
during periods when schools are not regularly in session; 
"(B) comprehensive academic services and, where appro-
priate, vocational guidance and counseling, for continuing 
adult education; 
"(C) specialized instruction and equipment for students 
interested in studying advanced scientific subjects, foreign 
languages, and other academic subjects which are not taught 
in the local schools or which can be provided more effectively 
on a centralized basis, or for persons who are handicapped or 
of preschool age; 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
133 
"(D) niakiiig available modern educational equipment and 
specially qualified personnel, including artists and musicians, 
on a temporary basis for the benefit of children in public and 
other nonprofit schools, organizations, and institutions; 
"(E) developing, producing, and transmitting radio and 
television programs for classroom and other educational 
use; 
"(F) in the case of any local educati<mal agency which is 
making a reasonable tax effort but which is nevertheless 
unable to meet critical educational needs (including preschool 
education), because some or all of its schools are seriously 
overcrowded, obsolete, or unsafe, initiating and carrying out 
programs or projects designed to meet those needs, partic-
ularly those which will result in more effective use of exist-
ing facilities; 
"(G) providing special educational and related services for 
persons who are in or from rural areas or who are or have been 
otherwise isolated from normal educational opportunities, 
including, where appropriate, the provision of mobile educa-
tional services and equipment, special home study courses, 
radio, television, and related forms of instruction, bilingual 
education methods and visiting teachers' programs; 
"(H) encouraging community involvement in educational 
programs; 
"(I) providing programs for gifted and talented children; 
and 
"(J) other specially designed educational programs or 
projects which meet the purposes of this title; and 
"(4) programs for testing students in the public and private 
elementary and secondary schools and in junior colleges and 
technical institutes in the State, and programs designed to 
improve guidance and counseling services at the appropriate levels 
in such schools. 
"(c) In addition to the uses specified in subsection (b), funds 
appropriated for carrying out this title may be used for— 
" (1) proper and efficient administration of Stat* plans; 
"(2) obtaining technical, professional, and clerical assistance 
and the services of experts and consultants to assist the advisory 
councils authorized by this title in carrying out their responsi-
bilities; and 
"(8) evaluation of plans, programs, and projects, and dissem-
ination of the results thereof. 
Additional use 
of funds. 
(( 
APPLICATION FOR (JKANTS; CONDITIONS FOK APPKOVAI. 
"SKC. 304. (a) A grant under this title pursuant to an approved 
State plan or by the Commissioner for a supplementary educational 
center or service program or project may be made only to a local 
educational agency or agencies, and then only if there is satisfactory 
assurance that, in the planning of that program or project there 
lias been, and in the establishment and carrying out thereof there will 
be, participation of persons broadly representative of the cultural and 
educational resources of the area to be served. The term 'cultural and 
educational resources' includes State educational agencies, institu-
tions of higher education, nonprofit private schools, public and non-
profit private agencies such as libraries, museums, musical and artistic 
organizations, educational radio and television, and other cultural 
and educational resources. Such grants may be made only upon appli-
cation to the appropriate State educational agency or to the Com-
missioner, as the case may be, at such time or times, in such manner, 
"Cultural and 
educational 
resources." 
134 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 
STAT. 
Annual reports. 
Records. 
aiul containing or acconipanied by siic-li information as tlie Coniniis-
sjoner deems necessary. Such ai)])lication shall— 
"(1) provide that the activities and services for which assist-
ance under this title is sought will be administered by or under 
the supervision of the ap])licant; 
"(2) set forth a pro«»:ram for carrying out the ])urposes set 
forth in section H()8(b) and provide for such methods of admin-
istration as are necessary for the proper and efficient oj)eration of 
the programs; 
''(8) set forth policies and procedures which assure that Fed-
eral funds made available under this title for any fiscal year will 
be so used as to supplement and, to the extent practical, increase 
the level of funds that would, in the absence of such Federal funds, 
be made available by the applicant for the purposes dascribed 
in section 808(b), and in uo case supplant such funds; 
"(4) provide, in the case of an application for assistance under 
this title which includes a project for the construction of necessary 
facilities, satisfactory assurance that— 
"(A) reasonable provision has l)een made, consistent with 
the other uses to l)e made of the facilities, for areas in such 
facilities which are adaptable for artistic and cultural 
activities, 
"(B) upon completion of the construction, title to the 
facilities will be in a State or local educational agency, and 
•..rr"'-" 
"(C) in developing plans for such facilities (i) due con-
sideration will be given to excellence of architecture and 
i.': 
design and to the inclusion of works of art (not re])resenting 
more than 1 per centum of the cost of the project), and (ii) 
there will be compliance with such standards as the Secretary 
nuiy prescribe or approve in order to insure that, to the extent 
appropriate in view of the uses to be made of the facilities, 
such facilities are accessible to and usable by handicapped 
l)ersons; 
"(5) provide for such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of and 
accounting for Federal funds paid to the applicant under this 
title; and 
"(6) provide for making an annual report and such other 
reports, in such form and containing such information, as the 
Commissioner may reasonably require to carry out his functions 
M under this title and to determine the extent to which funds pro-
vided under this title have l)een effective in improving the edu-
cational opportunities of persons in the area served, and for 
keeping such records and for affording such access thereto as the 
(\)mmissioner may find necessary to assure the correctness and 
verification of such reports. 
'' (b) An application by a local educational agency for a grant under 
this title may be approved only if it is consistent with the applicable 
[)rovisions of this title and— 
"(1) meets the requirements set forth in subsection (a) ; 
" (2) provides that the program or project for which application 
is made— 
"(A) will utilize the l)est available talents and resfmrces 
and will substantially increase the educational ojjportunities 
in the area to be served by the applicant, and 
"(B) to the extent consistent with the inimber of children 
enrolled in nonprofit i)riA'ate schools in the area to be served 
whose educational needs are of the type provided by the pro-
gram or project, makes provision for the participation of such 
children; and 
''' " 
' 
" 
"^ ' 
'' 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
135 
" (3) has been reviewed by a panel of experts. 
" (c) Amendments of applications shall, except as the Commissioner 
may otherwise provide by or pursuant to regulations, be subject to 
approval in the same manner as original applications. 
a STATE PLANS 
"SEC. 305. (a) (1) Any State desiring to receive payments for any 
Establishment 
of State advisory 
fiscal year to carry out a State plan under this title shall (A) establish councils 
within its State educational agency a State advisory council (herein-
after referred to as the State advisory council) which meets the 
requirements of this subsection, (B) set dates before which local educa-
tional agencies must have submitted applications for grants to the 
State educational agency, and (C) submit to the Commissioner, 
through its State educational agency, a State plan at such time and 
in such detail as the Commissioner may deem necessary. The Commis-
sioner may, by regulation, set uniform dates for the submission of 
State plans and applications. 
"(2) The State advisory council, established pursuant to paragraph 
(1) shall— 
"(A) be appointed by the State educational agency, and be 
broadly representative of the cultural and educational resources 
of the State (as defined in section 304(a)) and of the public, 
including persons representative of— 
"(i) elementary and secondary schools, 
"(ii) institutions of higher education, and 
"(iii) areas of professional competence in dealing with 
children needing special education because of physical or 
mental handicaps; 
"(B) advise the State educational agency on the preparation 
of, and policy matters arising in the administration of, the State 
plan, including the development of criteria for approval of ap-
plications under such State plan; 
"(C) review", and make recommendations to the State educa-
tional agency on the action to be taken with respect to, each appli-
cation for a grant under the State plan; 
"(D) evaluate programs and projects assisted under this title; 
and 
"(E) prepare and submit through the State educational agency 
Report 
a report of its activities, recommendations, and evaluations, to-
gether with such additional comments as the State educational 
agency deems appropriate, to the Commissioner and to the 
National Advisory Council, established pursuant to this title, at 
such times, in such form, and in such detail, as the Secretary may 
prescribe. 
"(3) Not less than ninety days prior to the beginning of any fiscal 
year in which a State desires to receive a grant under this title, such 
State shall certify the establishment of, and membership of, its State 
advisory council to the Commissioner. 
"(4) Each State advisory council shall meet within thirty days 
after certification has been accepted by the Commissioner and select 
from its membership a chairman. The time, place, and manner of 
meeting shall be as provided by such council, except that such council 
shall have not less than one public meeting each year at which the 
public is given opportunity to express views concerning the adminis-
tration and operation of this title. 
"(5) State advisory councils shall be authorized to obtain the serv 
ices of such professional, technical, and clerical personnel as may be peTsonne"! 
necessary to enable them to carry out their functions under this title 
Professional 
and technical 
136 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
Approval of 
plan, conditions. 
Equitable 
assistance 
within States, 
criteria. 
and to contract for such services as may be necessary to enable them 
to carry out their evaluation functions. 
"(b) The Commissioner shall approve a State plan, or modification 
thereof, if he determines that the plan submitted for that fiscal year— 
"(1) (A^ except in the case of funds available for the purpose 
described in paragraph (4) of section 303(b), sets forth a pro-
gram (includmg educational needs, and their basis, and the man-
ner in which the funds paid to the State under this title shall be 
used in meeting such educational needs) under which funds paid 
to the State under section 307(a) will be expended solely for the 
improvement of education in the State through grants to local 
educational agencies for programs or projects in accordance with 
sections 303 and 304: Provided,, That, in the ease of a State educa-
tional agency that also is a local educational agency, its approval 
of a program or project to be carried out by it in the latter capacity 
shall, for the purposes of this title, be deemed an award of a grant 
by it upon application of a local educational agency if the State 
plan contains, in addition to the provisions otherwise required by 
- this section, provisions and assurances (applicable to such pro-
grams or project) that are fully equivalent to those otherwise 
required of a local educational agency; 
"(B) in the case of funds available for the purpose described in 
paragraph (4) of section 303(b), sets forth— 
"(i) a program for testing students in the public elementary 
and secondary schools of such State or in the public junior 
colleges and technical institutes of such State, and, if author-
ized by law, in other elementary and secondary schools 
and in other junior colleges and technical institutes in such 
State, to identify students with outstanding aptitudes and 
ability, and the means of testing which will be utilized in 
carrying out such program; and 
"(ii) a program of guidance and counseling at the appro-
priate levels in the public elementary and secondary schools 
or public junior colleges and technical institutes of such State, 
(A) to advise students of courses of study best suited to their 
ability, aptitudes and skills, (B) to advise students in their 
decisions as to the type of educational program they should 
pursue, the vocation they train for and enter, and the job 
opportunities in the various fields, and (C) to encourage stu-
dents with outstanding aptitudes and ability to complete their 
secondary school education, take the necessary courses for 
admission to institutions of higher education, and enter such 
institutions and such programs may include, at the discretion 
of such State agency, short-term sessions for persons engaged 
in guidance and counseling in elementary and secondary 
schools, junior colleges, and technical institutes in such State; 
"(2) sets forth the administrative organization and procedures, 
including the qualifications for personnel having responsibilities 
in the administration of the plan in such detail as the (Commis-
sioner may prescribe by regulation; 
"(3) sets forth criteria for achieving an equitable distribution 
of assistance under this title, which criteria shall be based on con-
sideration of (A) the size and population of the State, (B) the 
geographic distribution and density of the po]>ulati(m within the 
State, and (C) the re^itive need of persons in different geographic 
areas and in different population groups within the State for the 
kinds of services and activities described in section 303, and the 
financial ability of the local educational agencies serving such 
persons to provide such services and activities; 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
137 
"(4) provides for giving special consideration to the application 
of any local educational agency which is making a reasonable tax 
effort but which is nevertheless unable to meet critical educational 
needs, including preschool education for four- and five-year-olds 
and including where appropriate bilingual education, because 
some or all of its schools are seriously overcrowded (as a result of 
growth or shifts in enrollment or otherwise), obsolete, or unsafe; 
"(5) provides that, in approving applications for grants for 
programs or projects, applications proposing to carry out pro-
grams or projects planned under this title will receive special 
consideration; 
"(6) provides for adoption of effective procedures (A) for the 
evaluation, at least annually, of the effectiveness of the programs 
and projects, by the State advisory council, supported under the 
State plan in meeting the purposes of this title, (B) for appropri-
ate dissemination of the results of such evaluations and other 
information pertaining to such programs or projects, and (C) for 
adopting, where appropriate, promising educational practices 
developed through such programs or projects; 
"(7) provides that not less than 50 per centum of the amount 
which such State receives to carry out the plan in such fiscal year 
shall be used for purposes of paragraphs (1) and (2) of section 
303(b); 
"(8) provides that not less than 15 per centum of the amount 
which such State receives to carry out the plan in such fiscal year 
shall be used for special programs or projects for the education 
of handicapped children; 
"(9) sets forth policies and procedures which give satisfactory 
assurance that Federal funds made available under this title for 
any fiscal year (A) will not be commingled with State funds, and 
(B) will be so used as to suj^plement and, to the extent practical, 
increase the fiscal effort (determined in accordance with criteria 
prescribed by the Commissioner, by regulation) that would, in the 
absence of such Federal funds, be made by the applicant for edu-
cational purposes; 
"(10) provides for such fiscal control and fund accounting pro-
cedures as may be necessary to assure projjer disbursement of and 
accounting for Federal funds paid to the State under this title; 
"(11) provides for making an annual report and such other 
reports, m such form and containing such information, as the 
Commissioner may reasonably require to carry out his functions 
under this title and to determine the extent to which funds pro-
vided under this title have been effective in improving the educa-
tional opportunities of persons in the areas served by the programs 
or projects supported under the State plan and in the State as a 
whole, including reports of evaluations made in accordance with 
objective measurements under the State plan pursuant to para-
graph (6), and for keeping such records and for affording such 
access thereto as the Commissioner may find necessary to assure 
the correctness and verification of such reports; 
"(12) provides that final action with respect to any application 
(or amendment thereof) regarding the proposed final disposit'on 
thereof shall not be taken without first affording the local educa-
tional agency or agencies submitting such application reasonable 
notice and opportunity for a hearing; and 
"(13) contains satisfactory assurance that, in determining the 
eligibility of any local educational agency for State aid or the 
amount of such aid, grants to that agency under this title shall 
not be taken into consideration. 
Preschool and 
bilingual educa-
tional needs. 
Annual program 
evaluation. 
Handicapped 
children. 
Annual reports. 
Records. 
Hearing 
opportunity. 
1'38 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
"(c) The Commissioner may, if he finds that a State plan for any 
fiscal year ending prior to July 1, 1973, is in substantial compliance 
with the requirements set forth in subsection (b), approve that part 
of the plan which is in compliance with such requirements and make 
available (pursuant to section 307) to that State that part of the 
State's allotment which he determines to be necessary to carry out that 
Plan moduica- 
pg^j-t of thc plan S
O approved. The remainder of the amount which 
compliance!^ 
such State is eligible to receive under this section may be made avail-
able to such State only if the unapproved portion of that State plan 
has been so modified as to bring the plan into compliance with such 
requirements: Provided^ That the amount made available to a State 
pursuant to this subsection shall not be less than 50 per centum of 
>.in '" '
^ ' 
x\^Q maximum amount which the State is eligible to receive under this 
section. 
"(d) A State which has had a State plan approved for any fiscal 
year may receive for the purpose of carrying out such plan, an amount 
not in excess of 85 per centum of its allotment pursuant to section 302. 
Hearing 
"(e)(1) The Commissiouer shall not finally disapprove any plan 
opportunity. 
Submitted under subsection (a), or any modification thereof, without 
first affording the State educational agency submitting the plan 
reasonable notice and opportunity for a hearing. 
Cessation o"''^* 
"(^) Whcuever the Commissioner, after reasonable notice and op-
payments, 
portunity for hearings to any State educational agency, finds that 
there has been a failure to comply substantially with any requirement 
-^-bu 
set forth in the plan of that State approved under section 305 or with 
any requirement set forth in the application of a local educational 
agency approved pursuant to section 304, the Commissioner shall 
notify the agenc;^ that further payments will not be made to the 
State under this title (or, in his discretion, that the State educational 
agency shall not make further payments under this title to specified 
local educational agencies affected by the failure) until he is satisfied 
that there is no longer any such failure to comply. Until he is so 
satisfied, no further payments shall be made to the State under this 
title, or payments by the State educational agency under this title shall 
be limited to local educational agencies not affected by the failure, as 
the case may be. 
Filing o
f 
"(3) (A) If any State is dissatisfied with the Commissioner's final 
review petition. 
actlou with respcct to the approval of a plan submitted under subsec-
tion (a) or with his final action under paragraph (2), such State 
may, within 60 days after notice of such action, file with the United 
States court of appeals for the circuit in which such State is located 
a petition for review of that action, A copy of the petition shall be 
forthwith transmitted by the clerk of the court to the Commissioner. 
The Commissioner thereupon shall file in the court the record of the 
proceedings on which he based his action as provided in section 2112 
72 Stat. 941; 
of title 28, United States Code. 
80 Stat. 1323. 
"(B) The findings of fact by the Commissioner, if supported by 
substantial evidence, shall be conclusive; but the court, for good cause 
- 
- 
shown niay remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified 
findings of fact and may modify his previous action, and shall certify 
to the court the record of the further proceedings. 
"(C) The court shall have jurisdiction to affirm the action of the 
Commissioner or to set it aside, in whole or in part. The judgment of 
tlie court shall be subject to review by the Supreme Court of the 
United States upon certiorari or certification as provided in section 
62 Stat. 928. 
1254 of title 28, United States Code. 
"(f)(1) If any local educational agency is dissatisfied with the 
final action of the State educational agency with respect to approval 
of an application of such local agency for a grant pursuant to this 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
139 
title, such local agency may, within sixty days after such final action 
or notice thereof, whichever is later, file with the United States court 
of appeals for the circuit in which the State is located a petition for 
review of that action, A copy of the petition shall be forthwith trans-
mitted by the clerk of the court to the State educational agency. The 
State educational agency thereupon shall file in the court the record 
of the proceedings on which the State educational agency based its 
action as provided in section 2112 of title 28, United States Code. 
o^^f^'' ^^^' 
"(2) The findings of fact by the State educational agency, if sup-
ported by substantial evidence shall be conclusive; but the court, for 
good cause shown, may remand the case to the State educational agency 
to take further evidence, and the State educational agency may there-
upon make new or modified findings of fact and may modify its pre-
vious action, and shall certify to tlie court the record of the further 
proceedings. 
"(3) The court shall have jurisdiction to affirm the action of the 
State educational agency or to set it aside, in whole or in part. The 
judgment of the court shall be subject to re\iew by the Supreme 
Court of the United States upon certiorari or certification as pro-
vided in section 1254 of title 28, United States Code. 
62 stat. 928. 
"SPECIAL PROGRAMS AND PROJECTS 
''SEC. 306. (a) From the amount allotted to any State pursuant to 
section 302 which is not available to that State under a State plan 
approved pursuant to section 305, the Commissioner is authorized, 
subject to the provisions of section 304, to make grants to local edu-
cational agencies in such State for programs or projects which meet 
the purposes of section 303 and which, in the case of a local educational 
agency in a State which has a State plan approved, hold promise of 
making a substantial contribution to the solution of critical educa-
tional problems common to all or several States. The Commissioner 
may not approve an application under this section unless the applica-
tion has been submitted to the appropriate State educational agency 
for comment and recommendation with respect to the action to be 
taken by the Commissioner regarding the disj^osition of 
the 
application. 
"(b) Not less than 15 per centum of the funds granted pursuant to 
this section in any fiscal year shall be used for programs or projects 
designed to meet the special educational needs of liandicapped 
children. 
"PAYMENTS 
"SEC. 307. (a) From the allotment to each State pursuant to section 
302, for any fiscal year, the Commissioner shall pay to each State, 
which has had a plan approved pursuant to section 305 for that fiscal 
year, the amount necessary to carry out its State plan as approved. 
"(b) The Commissioner is authorized to pay to each State amounts 
necessary for the activities described in section 303(c), during any 
fiscal year, except that (1) the total of such payments shall not be in 
excess of an amount equal to 7i/> per centum of its allotment for that 
fiscal year or, $150,000 ($50,000"in the case of the Commonwealth of 
Puerto Rico, Guam, American Samoa, the Virgin Islands, and the 
Trust Territory of the Pacific Islands), Avhichever is greater, and 
(2) in such payment, the amount paid for the administration of the 
State plan for any fiscal year shall not exceed an amount equal to 
5 per centum of its allotment for that fiscal year or $100,000 ($35,000 in 
the case of the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Virgin Islands, and the Trust Territory of the Pacific 
Islands), whichever is greater. 
payment. 
140 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
"(c) The Commissioner shall pay to each applicant which has an 
application approved pursuant to section 306 the amount necessary 
to carry out the program or project pursuant to such application. 
Methods o
f 
"(d) Payments under this section may be made in installments and 
in advance or by way of reimbursement, with necessary adjustments 
on account of overpayments or underpayments. 
"(e) No payments shall be made under this title to any local educa-
tional agency or to any State unless the Commissioner finds, in the case 
of a local educational agency, that the combined fiscal effort of that 
agency and the State with respect to the provision of free public edu-
cation by that agency for the preceding fiscal year was not less than 
such combined fiscal effort for that purpose for the second preceding 
fiscal year or, in the case of a State, that the fiscal effort of that State 
for State aid (as defined by regulation) with respect to the provision 
of free public education in that State for the preceding fiscal year was 
not less than such fiscal effort for State aid for the second preceding 
fiscal year. 
" (f) (1) In any State which has a State plan approved under section 
305(c) and in which no State agency is authorized by law to provide, 
or in which there is a substantial failure to provide, for effective par-
ticipation on an equitable basis in programs authorized by this title 
by children enrolled in any one or more private elementary or second-
ary schools of such State in the area or areas served by such programs, 
the Commissioner shall arrange for the provision, on an equitable 
basis, of such programs and shall pay the costs thereof for any fiscal 
year out of that State's allotment. The Commissioner may arrange for 
such programs through contracts with institutions of higher education, 
or other competent nonprofit institutions or organizations. 
"(2) In determining the amount to be withheld from any State's 
allotment for the provision of such programs, the Commissioner shall 
take into account the number of children and teachers in the area or 
areas served by such programs who are excluded from participation 
therein and who, except for such exclusion, might reasonably have 
been expected to participate. 
"RECOVERY OF PAYMENTS 
"SEC. 308. If within twenty years after completion of any constriic-
tion for which Federal funds have been paid under this title— 
"(a) the ow^ner of the facility shall cease to be a State or local 
educational agency, or 
"(b) the facility shall cease to be used for the educational and 
related purposes for which it was constructed, unless the Com-
missioner determines in accordance with regulations that there is 
good cause for releasing the applicant or other owner from the 
obligation to do so, 
the United States shall be entitled to recover from the applicant or 
other owner of the facility an amount which bears to the then value of 
the facility (or so much thereof as constituted an approved project or 
projects) the same ratio as the amount of such Federal funds bore to 
the cost of the facility financed with the aid of such funds. Such value 
shall be determined by agreement of the parties or by action brought 
in the LTnited States district court for the district in which the facility 
is situated. 
"NATIONAL ADVISORY COUNCIL 
"SEC. 309. (a) The President shall appoint a National Advisory 
Council on Supplementary Centers and Services which shall— 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
141 
"(1) review the administration of, general regulations for, and 
operation of this title, including its effectiveness in meeting the 
purposes set forth in section 303; 
"(2) review, evaluate, and transmit to the Congress and the 
President the reports submitted pursuant to section 305(a)(2) 
"(3) evaluate programs and projects carried out under this 
title and disseminate the results thereof; and 
"(4) make recommendations for the improvement of this title, 
and its administration and operation. 
"'(b) The Council shall be appointed by the President without 
regard to the civil service laws and shall consist of twelve members, a 
majority of whom shall be broadly representative of the educational 
and cultural resources of the United States including at least one per-
son who has professional competence in the area of education of handi-
capped children. Such members shall be appointed for terms of 3 
years except that (1) in the case of the initial members, four shall be 
appointed for terms of 1 year each and four shall be appointed for 
terms of 2 years each, and (2) appointments to till the unexpired 
portion of any terms shall be for such portion only. When requested 
by the President, the Secretary of Health, Education, and Welfare 
shall engage such technical and professional assistance as may be 
required to carry out the functions of the Council, and shall make avail-
able to the Council such secretarial, clerical and other assistance and 
such pertinent data prepared by the Department of Health, Edu-
cation, and Welfare as it may require to carry out its functions. 
"(c) The Council shall make an annual report of its findings and 
recommendations (including recommendations for changes in the pro-
visions of this title) to the President and the Congress not later than 
January 20 of each year. The President is requested to transmit to the 
(^ongress such comments and recommendations as he may have with 
respect to such report." 
(b) In the case of any fiscal year ending prior to July 1, 1973, each 
State submitting a State plan under title I I I of the Elementary and 
Secondary Education Act of 1965 shall assure the Commissioner of 
Education that it will expend for the purpose described in paragraph 
(4) of section 303(b) of such title I I I an amount at least equal to 50 
per centum of the amount expended by that State for the purposes of 
title V-A of the National Defense Education Act of 1958 from funds 
appropriated pursuant to such title V-A for the fiscal year ending 
June 30, 1970. 
(c) Any appropriation for the purposes of title V of the National 
Defense Education Act of 1958 for any fiscal year ending after rJune 
30,1970, shall be deemed to have been appropriated pursuant to section 
301 of the Elementary and Secondary Education Act of 1965. 
(d) The amendment made by this section shall be eifective with 
^respect to fiscal years ending after June 30, 1970. 
PART D—AMENDMENTS TO TITLE V OF THE ELEMENTARY AND SEC-
ONDARY EDUCATION ACT or 1965 
(STRENGTHENING STATE DEPART-
MENTS or 
EDUCATION) 
Reports to 
Congress and 
President. 
Members. 
Appointment by 
President. 
Tenure. 
Report to 
President and 
Congress. 
Ante, p. 130. 
72 Stat. 1592; 
78 Stat. 1106; 
82 Stat. 1057. 
20 u s e 481-
485. 
Effective date. 
EXTENSION OF TITLE V OF T H E ELEMENTARY AND SECONDARY 
EDUCATION ACT OF 1 9 6 5 
SEC. 141. Section 501(b) of the Elementary and Secondary Edu-
cation Act of 1965 is amended by striking out "and" where it appears 
after "1969," and by striking out all that follows "1968" and inserting 
in lieu thereof the following: "$80,000,000 each for the fiscal years end-
ing June 30,1969, June 30,1970, and June 30,1971, $85,000,000 for the 
80 Stat. 1203; 
!1 Stat. 799. 
20 u s e 861. 
47-348 O - 72 - 13 (Pt. 1) 
142 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
fiscal year ending June 30, 1972, and $90,000,000 for the fiscal year 
ending June 30,1973". 
PROVISION RELATING TO GIFTED AND TALENTED CHILDREN 
SEC. 142. (a) Section 503(11) of the Elementary and Secondary 
so'^stat^^i^M'- 
Education Act of 1965 (relating to grants to strengthen State depart-
81 Stat. 799.' 
lueuts of education) is amended by inserting after "handicapped" a 
20 use 863. 
comma and the following: "and gifted and talented children". 
dafi^^'^'"'^* 
(b) The amendment made by this section shall be effective upon 
enactment of this Act. 
STRENGTHENING LEADERSHIP AND QUALITY I N EDUCATION; 
IMPROVING 
PLANNING AND EVALUATION OF EDUCATION PROGRAMS 
lll'scsei- 
^^'^- ^^'^- (^)(1) ^^^ heading of title V of the Elementary and 
870. 
Secondary Education Act of 1965 is amended to read as follows: 
"TITLE y—STKENGTHENING STATE AND LOCAL 
EDUCATIONAL AGENCIES". 
(2) Such title V is amended by inserting before section 501 thereof 
the following heading: 
"PART A—GRANTS To STRENGTHEN STATE DEPARTMENTS 
OF EDUCATION". 
(3) Section 507 of such title V, and all references thereto, is redesig-
nated as section 553 of such title and is amended, in subsection (a), 
by striking out "but it does not include a local educational agency" 
and insertmg in lieu thereof "including local educational agencies". 
(4) Such title Vis amended— 
(A) by striking out sections 506,508,509, and 510; 
(B) in sections 501,502, 503, 504, and 505, by striking out "this 
title" wherever it appears therein and inserting in lieu thereof 
. -. 
"thispart"; 
(C) in section 503, by inserting "and" at the end of clause 
(11), by striking out the semicolon at the end of clause (12) and 
inserting in lieu thereof a period, and by striking out clauses 
(13) and (14); and 
(D) by inserting after section 505 the following: 
"PART B—LOCAL EDUCATIONAL AGENCIES 
"APPROPRIATIONS AUTHORIZED 
plvjiUl 
"SEC. 521. (a) The Commissioner shall carry out a program for 
making grants to stimulate and assist local educational agencies in 
strengthening the leadership resources of their districts, and to assist 
those agencies in the establishment and improvement of programs to 
identify and meet the educational needs of their districts. 
"(b) For the purpose of making grants under this part, there is 
hereby authorized to be appropriated the sum of $10,000,000 for the 
fiscal year ending June 30, 1970, $20,000,000 for the fiscal year ending 
June 30, 1971, $30,000,000 for the fiscal year ending June 30,1972, and 
$40,000,000 for the fiscal year ending June 30,1973. 
84 STAT. ] . 
PUBLIC LAW 91-230-APR. 13, 1970 
143 
(( 
APPORTIONMENT AMONG STATES 
"SEC. 622. (a) From the sums appropriated for carrying out this 
part for each fiscal year, the Commissioner shall reserve such amount, 
but not in excess of 2 per centum of such sums, as he may determine 
and shall apportion such amount among the Commonwealth of Puerto 
Rico, Guam, American Samoa, the Virgin Islands, and the Trust Ter-
ritory of the Pacific Islands according to their respective needs for 
assistance under this part. The remainder of such sums shall be appor-
tioned by the Commissioner as follows: 
"(A) He shall apportion 40 per centum of svich remainder 
among the States in equal amounts. 
"(B) He shall apportion to each State an amount that bears 
the same ratio to 60 per centum of such remainder as the number 
of public school pupils in the State bears to the number of public 
school pupils in all the States, as determined by the Commissioner 
on the basis of the most recent satisfactory data available to him. 
For purposes of this paragraph, the term 'State' does not include the 
"state. 
Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin 
Islands, and the Trust Territory of the Pacific Islands. 
"(b) The amount apportioned to any State under subsection (a) 
for any fiscal year which the Commissioner determines will not be 
required for that year shall be available for reapportionment from 
time to time, on such dates during that year as the Commissioner may 
fix, to other States in proportion to the amounts originally appor-
tioned among those States under subsection (a) for that year, but 
with the proportionate amount for any of the other States being 
reduced to the extent it exceeds the sum the Commissioner estimates the 
local educational agencies of such State need and will be able to use 
for that year; and the total of these reductions shall be similarly 
reapportioned among the States whose proportionate amounts were 
not so reduced. Any amount reapportioned to a State under this 
subsection from funds appropriated pursuant to section 521 for any 
fiscal year shall be deemed part of the amount apportioned to it under 
subsection (a) for that year. 
" G R A N T S F R O M APPORTIONED FUNDS 
"SEC. 523. From the amount apportioned to any State for any fiscal 
year under section 522 the Commissioner may, upon approval of an 
application in accordance with section 524 submitted to him by a local 
educational agency of such State, after approval by the State edu-
cational agency in accordance with section 525, make a ^rant or grants 
to such local educational agency equal to the expenditures incurred 
by such agency for the planning of, and for programs for, the develop-
ment, improvement, or expansion of activities promoting the purposes 
set forth in section 521(a) and more particularly described in such 
application and for which such application is approved, such as— 
"(1) educational planning on a district basis, including the 
identification of educational problems, issues, and needs in the 
., 
district and the evaluation on a periodic or continuing basis of 
educational programs in the district; 
"(2) providing support or services for the comprehensive and 
compatible recording, collecting, processing, analyzing, interpret-
ing, storing, retrieving, and reporting of educational data includ-
ing the use of automated data systems; 
"(3) programs for conducting, sponsoring, or cooperating in 
educational research and demonstration programs and projects 
such as (A) establishing and maintaining curriculum research 
and innovation centers to assist in locating and evaluating cur-
144 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
riculum research findings, (B) discovering and testing new educa-
tional ideas (including new uses of printed and audiovisual media) 
and more effective educational practices, and putting into use 
those which show promise of success, and (C) studying ways to 
improve the legal and organizational structure for education, and 
the management and administration of education in the district 
of such agency; 
"(4) programs to improve the quality of teacher preparation, 
including student-teaching arrangements, in cooperation with 
institutions of higher education and State educational agencies; 
"(5) programs and other activities specifically designed to 
encourage the full and adequate utilization and acceptance of 
auxiliary personnel (such as instructional assistants and teacher 
aides) in elementary and secondary schools on a permanent basis; 
"(6) providing such agencies and the schools of such agencies 
with consultative and technical assistance and services relating to 
academic subjects and to particular aspects of education such as 
the education of the handicapped, the gifted and talented, and the 
disadvantaged, vocational education, school building design and 
utilization, school social work, the utilization of modern instruc-
tional materials and equipment, transportation, educational 
administrative procedures, and school health, physical education, 
and recreation; 
"^7) training programs for the officials of such agencies; and 
"(8) carrying out any such activities or programs, where 
appropriate, in cooperation with other local educational agencies. 
(( 
APPROVAL OF APPLICATIONS BY T H E COMMISSIONER 
"SEC, 524. (a) An application for a grant under this part for each 
fiscal year shall set forth a plan under which Federal funds received by 
the applicant under this part for that fiscal year will be used solely 
for a program of activities specifically designed to strengthen the 
leadership resources of the applicant and to establish and improve 
[)rograms to identify and meet the educational needs of the persons 
served by the applicant. 
"(b) The Commissioner may approve an application under this part 
only if the application for that year— 
" (1) contains or is supported by adequate assurance that Fed-
eral funds made available under the approved application will be 
so used as to supplement, and to the extent practical, increase the 
amounts of State and local funds that would in the absence of such 
Federal funds be made available for projects and activities which 
meet the requirements of section 523; 
"(2) sets forth such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of, and 
accounting for. Federal funds paid under this part; and 
Reports. 
"(3) provides for making such reports, in such form and con-
taining such information, as the Commissioner may require to 
R«<^°'^ds. 
carry out his functions under this part, and for keeping such 
records and for affording such access thereto as the Commissioner 
may find necessary to assure the correctness and verification of 
such reports. 
"APPROVAL 
or 
APPLICATIONS 
B T STATE EDUCATIONAL 
AGENCIES 
"SEC. 525. In approving ai)plications for the purposes of this part 
a State educational agency shall— 
"(1) approve only such applications for proposed projects, 
programs, or activities as will— 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
145 
"(A) make a significant contribution to strengthening the 
leadership resources of the applicant or its ability to par-
ticipate effectively in meeting the educational needs of its 
district, and 
"(B) involve an expenditure of at least $2,500, and 
"(2) provide for an equitable distribution on the basis of need 
of funds provided pursuant to this part, and, to the extent pos-
sible within such a distribution, give priority to exemplary proj-
ects, programs, or activities. 
" P A R T C—CoMrREHENSivE EDUCATIONAL P L A N N I N G AND 
EVALUATION 
(; 
AUTHORIZATION 
"SEC. 531. (a) The Commissioner is authorized to make compre-
hensive planning and evaluation grants to State and local educational 
agencies in order to assist and stimulate them to enhance their capabil-
ity to make effective progress, through comprehensive and continuing 
planning and evaluation, toward the achievement of opportunities for 
high-quality education for all segments of the population. 
"(b) For the purpose of carrying out the provisions of this part. 
Appropriation. 
there are hereby authorized to be appropriated $10,000,000 for the fiscal 
year ending June 30, 1971, $15,000,000 for the fiscal year ending June 
30, 1972, and $20,000,000 for the fiscal year ending June 30, 1973. 
"(c)(1)(A) From the sums appropriated for carrying out this 
part for each fiscal year, the Commissioner shall reserve such am.ount, 
but not in excess of 2 per centum of such per centum, as he may 
determine and shall apportion such amount among the Common-
wealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, 
and the Trust Territorv of the Pacific Islands according to their 
respective needs for assistance under this part. The remainder shall 
be apportioned by the Commissioner as follows: 
"(i) He shall apportion 40 per centum of such remainder 
among the States in equal amounts. 
"(ii) He shall apportion to each State an amount that bears 
the same ratio to 60 per centum of such remainder as the popula-
tion of the State bears to the population of all the States, as 
determined by the Commissioner on the basis of the most recent 
satisfactory data available to him. 
"(B) For purposes of this paragraph (1), the term'State'does not 
"state." 
include the Commonwealth of Puerto Rico, Guam, American Samoa, 
the Virgin Islands, and the Trust Territory of the Pacific Islands. 
"(2) The amount apportioned to any State under paragraph (1) of 
this subsection for any fiscal year which the (Commissioner determines 
will not be required for that year shall be available for reapportion-
ment from time to time, on such dates during that year as the Commis-
sioner may 
fix, 
to other States in proportion to the amounts originally 
apportioned among those States under such paragraph for that 
year, but with the proportionate amount for any of the other States 
being reduced to the extent it exceeds the sum the Commissioner esti-
mates the State and local educational agencies of such State need and 
will be able to use for that year; and the total of these reductions shall 
be similarly reapportioned among the States whose proportionate 
amounts were not so reduced. Any amount reapportioned to a State 
under this paragraph from funds appropriated pursuant to this sec-
tion for any fiscal year shall be deemed part of the amount apportioned 
to it under paragraph (1) for that year. 
146 
PUBLIC LAW91-230-APR. 13, 1970 
[84 STAT. 
"(3) Grants for any fiscal year to a State agency and any local edu-
cational agency in such State pursuant to this part shall be made from 
such State's apportionment for such year pursuant to this subsection. 
a COMPREHENSIVE PLANNING AND EVALUATION GRANTS : ELIGIBLE AGENCIES 
"SEC. 532. (a) Any State desiring to receive a grant under this part 
for any fiscal year shall designate or establish within its State educa-
tional agency a single office or unit (hereafter in this part referred to 
as the State planning and evaluation agency) as the sole agency for 
administering a comprehensive program of systematic planning and 
evaluation of elementary and secondary education in the State. The 
State planning and evaluation agency shall have the primary respon-
sibility for planning and evaluating the education programs of the 
State and for the administration of funds received by the State under 
this part. 
"(b) Any local educational agenc}^ desiring to receive a grant under 
this part must provide the Commissioner with satisfactory assurance 
that— 
" (1) the local educational agency or agencies have a planning 
and evaluation office or unit which has or will have, as the result of 
assistance under this part, the capability of carrying out a com-
prehensive program of systematic planning and evaluation meet-
ing the purposes of this part; 
"(2) the appropriate State educational agency or agencies have 
been consulted and have had the opportunity to comment on, and 
advise the local educational agencies and the Commissioner with 
regard to, the application; and 
"(3) the planning and evaluation activities of the local educa-
tional agency or agencies will be closely coordinated with such ac-
tivities of the appropriate State agencies; 
and must further provide the Commissioner with satisfactory assur-
ance that— 
"(4) the local educational agency serves, or, if two or more local 
educational agencies are making joint application, those agencies 
serve, an area with a population sufficient to merit a comprehen-
sive planning and evaluation program in addition to that of the 
State or of other local educational agencies in the area or region 
to be served by the applicant; or 
"(6) the local educational agency or agencies will use the funds 
for demonstration projects to plan, develop, test, and improve 
planning and evaluation systems and techniques consistent with, 
and to further the purposes of, this jDart. 
"(c) In making grants pursuant to this section the Commissioner 
shall give special emphasis on developing coordinated and compre-
hensive plans for educational planning and evaluation between and 
among the Office of Education, State educational agencies, and local 
educational agencies, including projects on an interstate, regional, or 
metropolitan area basis. 
"(d) No grant shall be made by the Commissioner to a local edu-
cational agency or agencies under this part unless the application for 
such grant has been submitted to the State educational agency or 
agencies in the State or States in which it is to be carried out. If, 
within sixty days of such submission or within such longer p>eriod of 
time as the Commissioner may determine pursuant to regulations, the 
State agency or agencies disapprove the proposed program or project, 
the Commissioner shall review the application with the appropriate 
State and local educational agencies before making a final decision. 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
147 
'APPLICATION 
"SEC. 533. (a) An application for a grant under this part shall be 
submitted to the Commissioner at such time or times, in such form, and 
containing such information as he may deem necessary. Such appli-
cation shall include— 
"(1) a statement of present and projected educational needs 
of persons residing in the area to be served; 
"(2) a description of a program for meeting those needs which 
includes— 
"(A) setting long-ran^e areawide goals in meeting edu-
cational needs and establishing priorities among such goals, 
;,; 
"(B) developing long-range plans for achieving such 
goals, taking into consideration the resources available and 
the educational effectiveness of each of the alternatives, 
"(C) planning new programs and improvements in exist-
ing programs based on the results of analyses of alternative 
• ' ' 
means of achieving educational goals, 
"(D) objectively evaluating at intermediate stages the 
progress and effectiveness of programs in achieving such 
goals, and, when appropriate, adjusting goals, plans, and 
programs to maximize educational effectiveness, and 
"(E) utilizing available management information, plan-
ning, and evaluation systems and techniques; 
"(3) a plan for developing and strengthening the capabilities 
of the applicant to improve its planning capacity and to conduct, 
on a continuous basis, objective evaluations of the effectiveness of 
education programs and projects; 
"(4) a plan for utilizing the resources of, and coordinating 
?,; ..'t* 
with, programs affecting education of other Federal, State, and 
local agencies, organizations, and persons; and 
"(5) a statement of policies and procedures which have been, 
or will be, established and implemented for developing and main- 
' 
taining a permanent system for obtaining and collecting signifi-
cant information necessary for the assessment of education in 
the area to be served by the applicant, for consulting with and 
involving parents of children served by the applicant, and for 
making full and detailed information concerning the educational 
planning and evaluation activities and findings of the applicant 
lo xy 
and other agencies and persons receiving assistance under this 
•'*' 
part reasonably available to the public. 
"(b) Applications for grants under this section may be approved 
by the Commissioner only if he determines that the application— 
"(1) has been submitted only after interested parents have been 
given reasonable notice and an opportunity to ex])ress their views 
.a^ui 
thereon; 
"(2) sets forth, in such detail as the Commissioner may deter-
mine necessary, such policies and procedures as will provide satis-
factory assurance that— 
"(A) the assistance provided under this section, together 
with other available resources, will be so used for the purposes 
of this part as to result in the maximum possible effective 
progress toward the achievement of a high level of ])lanning 
and evaluation competence, and 
"(B) assistance under this part will l)e used primarily in 
strengthening the capabilities of the planning and evaluation 
staff of the agency, office, or unit responsible for the admin-
istration of the application plan; and 
iiK 
148 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 
STAT. 
"(3) sets forth such policies and procedures as will insure that 
Federal funds made available under the application will be so 
used as to supplement, and to the extent practical, increase the 
amounts of State or local funds that would, in the absence of 
Federal funds, be made available for activities meeting- the pur-
poses of this title; 
"(4) in the case of applications from States, makes adequate 
provision (consistent with such criteria as the Commissioner shall 
prescribe by regulation) for using funds granted under this sec-
tion to make program planning and evaluation services available 
to local educational agencies in the State. 
"(c) A grant made pursuant to an application under this section 
may be used to pay not to exceed 75 per centum of the cost of the 
activities covered by the application. 
"REPORTS 
"SEC. 534. P^ach recipient of a grant shall make an annual report on 
the activities carried out with the funds from such grant which 
includes such information as the Commissioner determines will permit 
an evaluation of the effectiveness of the program authorized by this 
l)art in achieving its purposes. Each such recipient shall also make 
such other reports, in such form and containing such information as 
the Commissioner may require to carry out his functions under this 
part. 
"PART D—COUNCILS ON QUALITY IN 
EDUCATION 
National 
Council on 
Quality in 
Education. 
Establishment. 
Membership. 
Term of 
office. 
Program 
evaluation. 
Reports to 
Congress and 
President. 
NATIONAL AND STATE ADVISORY COUNC^ILS 
"SEC. 541. (a) (1) There is hereby established a National Council on 
Quality in Education (hereafter referred to as the 'National Council') 
composed of fifteen members appointed by the President, by and with 
the advice and consent of the Senate. The membership of the National 
Council shall include persons who are familiar with the educational 
needs and goals of the Nation, persons with competence in assessing 
the progress of the education agencies, institutions, and organizations 
in meeting those needs and achieving those goals, persons familiar with 
the administration of State and local educational agencies and of 
institutions of higher education, and persons representative of the gen-
eral public. Members shall be appointed for terms of three years, 
except that (1) in the case of initial members, one-third of the mem-
bers shall be appointed for terms of one year each and one-third of the 
members shall be appointed for terms of two years each, and (2) 
appointments to fill the unexpired portion of any term shall be for such 
portion only. 
"(2) The National Council shall— 
"(A) review^ the administration of, general regulations for, and 
operation of the programs assisted under this title at the Federal, 
State, and local levels, and other Federal education programs; 
"(B) advise the Commissioner and, when appropriate, the Sec-
retary and other Federal officials with resj^ect to the educational 
needs and goals of the Nation and assess the progress of the 
educational agencies, institutions, and organizations of the Nation 
toward meeting those needs and achieving those goals; 
"(C) conduct objective evaluations of specific education pro-
grams and projects in order to ascertain the effectiveness of such 
programs and projects in achieving the purpose for which they 
are intended; 
"(D) review, evaluate, and transmit to the Congress and the 
President the reports submitted pursuant to clause (E) of para-
graph (3) of subsection (b) of this section; 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
149 
"(E) make recommendations (including recommendations for 
changes in legislation) for the improvement of the administration 
and operation of education programs including the programs 
authorized by this title; 
"(F) consult with Federal, State, local, and other educational 
agencies, institutions, and organizations with respect to assessing 
education in the Nation and the improvement of the quality of 
education, including— 
"(i) areas of unmet needs in education and national goals 
and the means by which those areas of need may be met and 
those national goals may be achieved; 
"(ii) determinations of priorities among unmet needs and 
national goals; and 
"(iii) specific means of improving the quality and effec-
tiveness of teaching, curricula, and educational media and of 
raising standards of scholarship and levels of achievement; 
"(G) conduct national conferences on the assessment and 
improvement of education, in which national and regional educa-
tion associations and organizations, State and local education 
officers and administrators, and other organizations, institutions, 
and persons (including parents of children participating in Fed-
eral education programs) may exchange and disseminate informa-
tion on the improvement of education; and 
"(H) conduct, and report on, comparative studies and evalua-
tions of education systems in foreign countries. 
"(3) The National Council shall make an annual report, and such to'cTn^resTand 
other reports as it deems appropriate, on its findings, recommenda- president. 
tions, and activities to the Congress and the President. The President 
is requested to transmit to the Congress, at least annually, such com-
ments and recommendations as he may have with respect to such 
reports and its activities. 
"(4) In carrying out its responsibilities under this section, the 
National Council shall consult wuth the National Advisory Council on 
the Education of Disadvantaged Children, the National Advisory 
Council on Supplementary Centers and Services, the National 
Advisory Council on Education Professions Development, and such 
other advisory councils and committees as may have information and 
competence to assist the National Council. All'Federal agencies are 
directed to cooperate with the National Council in assisting it in carry-
ing out its functions. 
"(b)(1) Any State receiving payments under this title for any fiscal 
year may establish a State advisory council (hereinafter referred to as 
'State council') which if it meets the requirements and has the author-
ity specified in this subsection may receive payments pursuant to para-
graph (7). The State council shall be appointed by the Governor or, in 
the case of States in which the members of the State educational agency 
are elected (including election by the State legislature), by such 
agency. 
" (2) The State council established pursuant to this subsection shall 
be broadly representative of the educational resources of the State and 
of the public. Representation on the State council shall include, but 
not be limited to, persons representative of— 
"(A) public and nonprofit private elementary and secondary 
schools, 
" ^ B) institutions of higher education, 
"(C) areas of competence in planning and evaluating educa-
tion programs, and the assessment of the effectiveness of, and the 
administration of, such programs at the State and local levels; 
and 
state advisory 
council. 
150 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
Appropriation. 
"(D) areas of competence in dealing with children for whom 
special educational assistance is available under this Act. 
"(3) The State council shall— 
"(A) prepare and submit through the State educational agency 
a report of its activities, recommendations, and evaluations, 
together with such additional comments as the State educational 
agencj^ deems appropriate, to the Commissioner and the National 
Council at such times, in such form, and in such detail, as the 
Commissioner may prescribe; 
"(B) advise the State educational agency on the preparation 
of, and policy matters arising in the administration of, State and 
local educational programs in the State, including the develop-
ment of criteria for approval of applications for assistance under 
this title; 
"(C) advise State and local officials who have a responsibility 
for education in the State with respect to the planning, evaluat-
ing, administration, and assessment of education in the State; 
"(D) review and make recommendations to the State educa-
tional agency on the action to be taken with respect to applica-
tions for assistance under this title by local educational agencies; 
and 
"(E) evaluate programs and projects assisted under this title, 
"(4) Any such State shall certify the establishment of, and mem-
bership of its State council to, the Commissioner. 
"(5) Such State council shall meet within thirty days after its cer-
tification has been accepted by the Commissioner and select from 
among its membership a chairman. The time, place, and manner of 
meeting shall be as provided by the rules of the State council, except 
that such rules must provide for not less than one public meeting each 
year at which the public is given opportunity to express views concern-
ing the operation of programs and projects assisted under this title. 
(6) Such State council shall be authorized to obtain the services of 
such professional, technical, and clerical personnel as may be necessary 
to enable them to carry out their functions under this title and to con-
tract for such services as may be necessary to enable them to carry out 
their evaluation functions. 
"(7) There are hereby authorized to be appropriated for each fiscal 
year such sums, not in excess of 21/^ per centum of the amount other-
wise appropriated for such year for the purposes of this title, as may 
be necessary to carry out the provisions of this subsection. 
"PART E—^GENERAL PROVISIONS 
Hearing 
opportunity. 
Failure to com-
ply, cessation 
of payments. 
"ADMINISTRATION OF PLANS 
"SEC. 551. (a) The Commissioner shall not finally disapprove any 
application from a State or a local educational agency, submitted 
under part A or B of this title, or any modification thereof, without 
affording the applicant reasonable notice and an opportunity for a 
hearing. 
"(b) Whenever the Commissioner, after reasonable notice and an 
opportunity for a hearing to a State or a local educational agency 
administering a program under an application approved under this 
title, finds that there has been a failure to comply substantially with 
the appropriate provisions of this title or with the provisions of an 
application approved under this title, he shall notify the State or the 
local educational agency, as the case may be, that further payments will 
not be made to that State or that local educational agency under that 
application until he is satisfied that there is no longer any such failure 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
151 
to comply. L'ntil he is so satisfied, no furtlier payments shall be made 
to that State or that local educational agency under the application. 
WHienever a local educational agency is given notice under the first 
sentence of this subsection, notice shall also be submitted to the appro-
priate State educational agency. 
"JUDICIAL REVIEW 
"SEC. 552. (a) If any State or any local educational agency is dis-
satisfied with the Commissioner's final action with respect to the 
approval of an application submitted under part A or B of this title or 
with his final action under section 551(b), such State or local educa-
tional agency may, within sixty days after notice of such action, file 
with the United States court of appeals for the circuit in which such 
State or local educational agency is located a petition f(jr review of that 
action. A copy of the petition shall be forthwith transmitted by the 
clerk of the court to the Commissioner. The Commissioner thereui)on 
shall file in the court the record of the proceedings on which he based 
his action as provided in section 2112 of title 28, United States Code. 8o^stat^'i32V 
" (b) The findings of fact by the Commissioner, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause 
shown, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified 
findings of fact and may modify his previous action, and shall certify 
to the court the record of the further proceedings. Such new or 
modified findings of fact shall likewise be conclusive if supported by 
substantial evidence. 
"(c) The court shall have jurisdiction to affirm the action of the 
' 
Commissioner or to set it aside, in whole or in part. The judgment of 
the court shall be subject to review by the Supreme Court of the United 
States upon certiorari or certification as provided in section 1254 of 
title 28, United States Code." 
62 stat. 928. 
(b) The Act of July 26, 1954, entitled "An Act to establish a 
R^P^^I-
National Advisory Committee on Education" (Public Law 532, 
p]ighty-third Congress) is hereby repealed. 
^8 stat. 533. 
(c) Subsections (a) (1) and (b) (1) of section 2 of the Cooperative 337. 
Research Act are each amended by striking out "section 503(a) (4)" 
^9 stat. 44; 
and inserting in lieu thereof "sections 503(4) and 523(a) (3)". 
80 Stat. 1202. 
20 u s e 331a. 
81 Stat. 816. 
20 u s e 880b-l. 
PART E—AMENDMENTS TO TITLE VII 
OF THE ELEMENTARY AND 
SECONDARY EDUCATION ACT or 
1965 
(BILINGUAL EDUCATION) 
E X T E N S I O N 
O F 
T I T L E VII OF T H E ELEMENTARY AND SECONDARY EDUCA-
TION ACT o r 1!)()5 (THE BILINGUAL EDUCATION ACT) 
SEC. 151. Section 703(a) of the Elementary and Secondary Educa-
tion Act of 1965 is amended by striking out "and'' where it appears 
after "1969," and by inserting before the period at the end thereof a 
comma and the following: "$80,000,000 for the fiscal year ending 
June 30, 1971, $100,000,000 for the fiscal year ending June 30, 1972, 
and $135,000,000 for the fiscal year ending June 30, 1973". 
APPLICATION TO INDIANS ON RESERVATIONS 
SEC. 152. (a) Title VII of the Elementary and Secondary Educa-
tion Act of 1965 is amended by redesignating sections 706, 707, and 
708 (and references thereto) as sections 707, 708, and 709 thereof and ^
^
2
^
0 Y
^
*
^ 880b.4-
by inserting the following new section immediately after section 705 : 880b-6. 
152 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 
STAT. 
Ante, p. 151. 
81 Stat. 816. 
20 u s e 880b. 
20 u s e 880b-4. 
'"CHILDREN IN SCHOOLS ON RESEKVATIONS 
"SEC. 706. (a) For the purpose of carrying out programs pursuant 
to this title for individuals on reservations serviced by elementary 
and secondary schools operated on such reservations for Indian chil-
dren, a nonprofit institution or organization of the Indian tribe con-
cerned which operates any such school and which is approved by the 
Commissioner for the purposes of this section, may be considered to 
be a local educational agency as such term is used in this title, 
*'(b) From the sums appropriated pursuant to section 703, the Com-
missioner may also make payments to the Secretary of the Interior 
for elementary and secondary school programs to carry out the policy 
of section 702 with respect to individuals on reservations serviced by 
elementary and secondary schools for Indian children operated or 
funded by the Department of the Interior. The terms upon which 
payments for that purpose may be made to the Secretary of the In-
terior shall be determined pursuant to such criteria as the Commis-
sioner determines wnll best carry out the policy of section 702." 
(b) Section 707(a) of such Act (as redesignated by this Act) is 
amended by inserting the following before the period at the end tliere-
of: "or, in the case of payments to the Secretary of the Interior, an 
amount determined pursuant to section 706(b)", 
INCREASE I N MEMBERSHIP OF ADVISORY COMMITTEE ON T H E EDUCATION 
OF BILINGUAL 
CHILDREN 
SEC, 153, Section 708(a) of the Elementary and Secondary Educa-
20 use 880b-5. 
tion Act of 1965 as redesignated by this Act, is amended (1) by strik-
ing out "nine" and inserting in lieu thereof "fifteen", and (2) by 
striking out "four" and inserting in lieu thereof "seven". 
PART F—AMENDMENTS TO TITLE VIII or THE ELEMENTARY AND 
SECONDARY EDUCATION ACT OF 1965 
(GENERAL PROVISIONS) 
81 Stat. 806, 
!16. 
20 u s e 887. 
E X T E N S I O N O F s i : C T i 0 N 807 
O F T H E E L E M E N T A R Y 
A N D 
S E C O N D A R Y 
E D U C A T I O N 
A C T 
O F 
19(5."> 
SEC. 161. Section 807(c) of the Elementary and Secondary Educa-
tion Act of 1965 is amended to read as follows: 
"(c) For the purpose of carrying out the provisions of this section, 
there is hereby authorized to be appropriated $30,000,000 for each of 
the fiscal years ending June 30, 1970, and June 30, 1971, $31,500,000 
for the fiscal year ending June 30, 1972, and $33,000,000 for the fiscal 
year ending June 30,1973." 
DEFINITION OF "GIFTED AND TALENTED CHILDREN' 
79 Stat. 55; 
80 Stat. 1204; 
81 Stat. 816. 
20 u s e 881. 
SEC. 162. Section 801 of the Elementary and Secondary Education 
Act of 1965 (relating to definitions) is amended by adding at the end 
thereof the following: 
"(1) The term 'gifted and talented children' means, in accordance 
with objective criteria prescribed by the Commissioner, children who 
have outstanding intellectual ability or creative talent the development 
of which requires special activities or services not ordinarily provided 
by local educational agencies." 
81 Stat. 690. 
42 u s e 2781-
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
153 
REVISION 
OF FEDERAL ADMINISTRATION 
SECTION 
SEC. 163. Section 803(c) of the Elementary and Secondary Educa-
tion Act of 1965 is amended by striking out "(1)" and by striking out i204;^8l'stat!^8i6 
everything after "by such other departments and agencies" and insert- 
20 use 883. 
ing m lieu thereof a period and the following: "Federal departments 
and agencies administering programs which may be effectively coor-
dinated with programs carried out under this Act or any Act amended 
by this Act, including community action programs carried out under 
title I I of the Economic Opportunity Act of 1964, shall, to the fullest 
extent permitted by other applicable law, carry out such programs 28^7.'" 
in such a manner as to assist in carrying out, and to make more effec-
tive, the programs under this Act or any Act amended by this Act." 
SCHOOL NLT^RITION AND HEALTH SERVICES AND RESEARCH I N CORRECTION 
EDUCATION 
SERVICES 
SEC. 164. Title VIII of the Elementary and Secondary Education 
Act of 1965 is amended by adding to the end thereof the following 8o^stat^\'204'-
new sections: 
8istat!8i6.' 
20 u s e 881-
" G R A N T S F O R DEMONSTRATION PROJECTS TO IMPROVE SCHOOL NUTRITION 
AND HEALTH SERVICES FOR CHILDREN FROM LOW-INCOME 
FAMILIES 
"SEC. 808. (a) The Secretary shall carry out a program of making 
grants to local educational agencies and, where appropriate, nonprofit 
private educational organizations, to support demonstration projects 
designed to improve nutrition and health services in public and private 
schools serving areas with high concentrations of children from low-
income families. 
"(b) Funds appropriated pursuant to subsection (d) shall be avail-
able for grants pursuant to applications approved under this section to 
pay the cost of (1) coordinating nutrition and health service resources 
m the areas to be served by a demonstration project supported 
under this section, (2) providing supplemental health, nutritional, 
mental health, and food services to children from low-income families 
when the resources for such services available to the applicant from 
other sources are inadequate to meet the needs of such children, (3) 
nutrition and health education programs designed to train professional 
and other school personnel to provide nutrition and health services in 
a manner which meets the needs of children from low-income families 
for such services, and (4) the evaluation of projects assisted under 
this section with respect to their effectiveness in improving school 
nutrition and health services for such children. 
"(c) Applications for a grant under this section shall be submitted 
at such time, contain such information, and be consistent with such 
criteria as the Secretary may require by regulation. Such applications 
shall provide for— 
"(1) the use of funds available under this section and the 
coordination of health care facilities and resources and such nutri-
tion resources as may be available to the applicant in order to 
insure that a comprehensive program of physical and mental 
health and nutrition services are available to children from low-
income families in the area to be served; 
" (2) the development of health and nutrition curriculum mate-
rials related to the specific needs of persons involved with the 
project and to new and improved approaches to health services 
and food technology; 
154 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
Appropriation. 
72 Stat. 548; 
81 Stat. 813. 
20 use 
20 use 
20 
239. 
81 
, 
20 
i 
^° 
use 
Stat. 
use 
use 
633. 
645. 
237-
810. 
646, 
241-1 
•'(3) the training of (A) school administrators, teachers, and 
school health and nutrition personnel in order to assist them in 
meeting the health and nutritional needs of children from low-
income families, and (B) professional and subprofessional per-
sonnel for service in school nutrition and health programs; and 
"(4) adequate provision for evaluation of the project. 
"(d) For the purpose of making grants under this section there 
are hereby authorized to be appropriated $2,000,000 for the fiscal 
year ending June 30, 1970, $10,000,000 for the fiscal year ending 
June 30,1971, $16,000,000 for the fiscal year ending June 30,1972, and 
$26,000,000 for the fiscal year ending June 30,1973. 
"RESEARCH 
AND DEMONSTRATION 
PROJECTS I N 
CORRECTION 
EDUCATION 
SERVICES 
"SEC. 809. (a) The Commissioner is authorized to make grants to 
State and local educational agencies, institutions of higher education, 
and other public and private nonprofit research agencies and orga-
nizations for research or demonstration projects, relating to the aca-
demic and vocational education of antisocial, aggressive, or delinquent 
persons, including juvenile delinquents, youth offenders, and adult 
criminal offenders, including the development of criteria for the iden-
tification for specialized educational instruction of such persons from 
the general elementary and secondary school age population and spe-
cial curriculums, and guidance and counseling programs. All projects 
shall include an evaluation component. 
"(b) The Commissioner is authorized to appoint such special or 
technical advisory committees as he may deem necessary to advise 
him on matters of general policy relating to the education of per-
sons intended to be benefited by this section, and shall secure the 
advice and recommendations of the Director, Bureau of Prisons, of 
the Director, Office of Juvenile Delinquency and Youth Development, 
the Director of the Teacher Corps, the head of the National Institute 
of Law Enforcement and Criminal Justice, the Administrator of the 
Law Enforcement Assistance Administration, and such other persons 
and organizations as he, in his discretion, deems necessary before 
making any grant under this section." 
TITLE II—AMENDMENTS TO PUBLIC LAWS 815 AND 874 
OF T H E EIGHTY-FIEST CONGRESS (IMPACTED AREAS 
PROGRAMS) 
EXTENSION o r T H E IMPACTED AREAS PROGRAMS 
SEC 201. (a) (1) Section 3 of the Act of September 30, 1950 (Pub-
lic Law 815, Eighty-first Congress), is amended by striking out 
"June 30,1970" and inserting in lieu thereof "June 30,1973". 
(2) Section 15(15) of such Act is amended by striking out "1965-
1966" and inserting in lieu thereof "1968-1969". 
(b) Sections 2(a), 3(b), and 4(a) of the Act of September 30, 1950 
(Public Law 874, Eighty-first Congress), are each amended by strik-
ing out "1970" wherever it appears and inserting in lieu thereof 
"1973". 
(c) Section 16(a) (1) (A!) of the Act of September 23, 1950 (Public 
Law 815, Eighty-first Congress), and section 7(a) (1) (A) of the Act 
of September 30, 1950 (Public Law 874, Eighty-first Congress), are 
each amended by striking out "July 1, 1970" and inserting in lieu 
thereof "July 1, 1973." 
79 Stat. 1161. 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
155 
CERTAIN REFUGEE CHILDREN 
SEC. 202. (a) Section 3(b) of the Act of September 30,1950 (Public 
Law 874, Eighty-first Congress), is amended by striking out the sec- 
6? stat. 530; 
ond sentence and inserting in lieu thereof the following: "In the 
20 use 238. 
case of fiscal years ending prior to July 1, 1973, the Commissioner 
shall also determine the number of children (other than children to 
whom subsection (a) or any other provision of this subsection applies) 
who were in average daily attendance at the schools of a local 
educational agency and for whom such agency provided free public 
t-^ 
<: 
education, during such fiscal year, and who, while in attendance at 
such schools resided with a parent who was, at any time during the 
three-year period immediately preceding the fiscal year for which the 
determination is made, a refugee who meets the requirements of sec- 
, ,., < 
tion 2(b) (3) (A) and (B) of the Migration and Refugee Assistance 
A c t of 1962.". 
76 Stat. 121. 
(b) Section 3(c) (2) of such Act is amended (1) by inserting before 
yj "ta^ ^giV.' 
"subsection (b)" both times it appears the following: "the first sen-
tence of", and (2) by inserting after "to whom such subsection" the 
following: "or such sentence". 
^ 
• ..: 
(c) Section 3(c) of such Act is amended by inserting after para-
graph (2) the following new paragraph: 
"(3) No local educational agency shall be entitled to receive any 
payment for a fiscal year with respect to a number of children deter-
mined under the second sentence of subsection (b) unless the number 
of children who were in average daily attendance to whom such sen-
tence applies amounts to 20 per centum or more of the number of chil-
dren who were in average daily attendance during such year and for 
whom such agency provided free public education, but in determining 
the number of such children under such second sentence no child shall 
be counted with respect to whose education a payment was made under 
section 2(b)(4) of the Migration and Refugee Assistance Act of 1962." 
INCLUSION or CHILDREN RESIDING IN LOW-RENT PUBLIC HOUSING AS 
FEDERALLY CONNECTED CHILDREN 
SEC. 203. (a)(1) The second sentence of section 15(1) of the Act 
of September 23, 1950 (Public Law 815, Eighty-first Congress), is 
amended by striking out "and (B)" and inserting in lieu thereof "(B) 
an^ low-rent housing (whether or not owned by the United States) 
which is part of a low-rent housing project assisted under the United 
States Housing Act of 1937, and (C)". 
J^ J'^^^- f^^^ 
(2) The fourth sentence of such section 15(1) is amended (A) by 
striking out the comma before " ( B ) " and inserting in lieu thereof 
"and", and (B) by striking out all that follows "postal services" and 
inserting in lieu thereof a period. 
(3) Section 5(c) of such Act is amended by striking out the colon 
^^ stat. 549. 
and all that follows and inserting in lieu thereof a period and the fol-
lowing : "In determining the eligibility of a local educational agency 
under this subsection and in determining the number of federally 
connected children who are in the average daily membership of the 
schools of such agency during a base year and in estimating the 
increase since the base year in the number of such children under sub-
section (a), children residing on any housing property (whether or 
not owned by the United States), which is part of a low-rent housing 
project assisted under the United States Housing Act of 1937, shall 
not be considered as having been federally connected during the base 
year if such housing project was begun after the base year 1964-
1965.". 
72 Stat. 5S6. 
20 u s e 645. 
81 Stat. 
20 u s e 
50 Stat. 
42 u s e 
78 Stat. 
42 u s e 
81 Stat. 
42 u s e 
2864. 
806. 
244. 
888. 
1430. 
797. 
1486. 
709. 
2861-
Effective date 
72 Stat. 
20 u s e 
549. 
635. 
156 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
(b) (1) The second sentence of section 303(1) of the Act of Septem-
l)er 30, 1950 TPublic Law 874, Eighty-Hrst Congress), is amended by 
striking out , and (C)'' and inserting in lieu thereof ", (C) any low-
rent housing (whether or not owned by the United States) which is 
part of a low-rent housing project assisted under the United States 
Housing Act of 1937, section 516 of the Housing Act of 1949, or part 
B of title III of the Economic Opportunity Act of 1964, and (D)". 
(2) The fourth sentence of such section 303(1) is amended by strik-
ing out "(A) any real property used for a labor supply center, labor 
home or labor camp for migratory workers, (B)" and by striking out 
all that follows "postal services" and inserting in lieu thereof a period. 
(c) (1) The amendments made by subsections (a) and (b) shall be 
effective after June 30,1970. 
(2) For the purposes of section 5 of such Act of September 23,1950, 
the number of children in the membership of a local educational agency 
residing in a low-rent housing project assisted under the United States 
Housing Act of 1937 during the years of the base period preceding the 
effective date provided in paragraph (1) shall be determined by the 
Commissioner on the basis of estimates. 
20 use 633. 
(^3^ Section 3 of such Act of September 23,1950, is further amended 
by inserting at the end thereof the following new sentence: "Such 
order of priority shall provide that applications for payments based 
upon increases in the number of children residing on, or residing with 
a parent employed on, property which is part of a low-rent housing 
project assisted under the United States Housing Act of 1937 shall 
not be approved for any fiscal year until all other applications under 
paragraphs (2) and (3) of subsection (a) of section 5 have been 
approved for that fiscal year."'. 
67 Stat. 534. 
(4) Subsectiou (c) of section 5 of such Act of September 30, 1950, 
20 u s e 240. 
• 
1 
1 J. 
1 
J! 
n 
IS amended to read as lollows: 
"ADJUSTMENTS W^HERE NECESSITATED BY APPROPRIATIONS 
"(c) (1) If the funds appropriated for any fiscal year for making 
payments under this title are not sufficient to pay in full the total 
amounts which the Commissioner estimates all local educational agen-
cies will be entitled to receive under this title for such year, the Com-
missioner (A) shall determine the part of the entitlement of each such 
local educational agency which is attributable to determinations under 
20 use 238. 
subsections (a) and (b) of section 3 of the number of children who 
resided on, or resided with a parent employed on, property w^hich is 
part of a low-rent housing project assisted under the United States 
Housing Act of 1937, section 516 of the Housing Act of 1949, or part 
B of title III of the Economic Opportunity Act of 1964, and (B) ex-
cept as otherwise provided in paragraph (3), shall allocate such funds, 
other than so much thereof as he estimates may be required for carry-
20 use 241, 
ing out the provisions of section 6, among sections 2, 3, and 4(a) in 
the proportion that the amount he estimates to be required under each 
such section bears to the total estimated to be required under all such 
sections, except that he shall not take into consideration any part of 
any entitlement determined under clause (A). The amount so allocated 
to any such section shall be available for payment of a percentage of 
the amount to which each local educational agency is entitled under 
such section. Such percentage shall be equal to the percentage which 
the amount allocated to a section under the second sentence of this para-
graph is of the amount to which all such agencies are entitled under 
such section. For the purposes of this paragraph, in determining the 
amount to which each local educational agency is entitled under sec-
tion 3 he shall include any increases under paragraph (4) of subsec-
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
157 
rion (c) thereof; but he shall exclude any part of -.xny eutitlemeut 
determined under clause (A) of this paragraph. 
"(2) If the funds available for allocation under paragraph (1) for 
any fiscal year exceed the amount necessary to fully satisfy entitle-
ments for which allocations will be made under such paragraph, that 
excess shall be available for payment of a percentage of that part of 
the entitlement of each local educational agency determined under 
clause (A) of paragraph (1). Such percentage shall be equal to the 
percentage which the amount of such excess is of the total amount to 
Avhich all such agencies are so entitled. 
"(3) All funds appropriated for making paynients under this title 
for any fiscal year shall be allocated in the manner specified in para-
grai)hs (1) and ('•2), unless an Act making ai)i)ropriations for making 
payments under this title for any fiscal year specifically makes funds 
available for payments on the basis of entitlements determined under 
clause (A) of paragraph (1), apart from other payments under this 
title, in which case, if the funds so appropriated are not sufficient to 
pay in full the total amount to which all local educational agencies are 
so entitled, such funds shall be available for nuiking payments in the 
manner specified in paragrajih (2) respecting allocations of any excess 
appropriations. 
"(4) In case the amovmt allocated to a section under paragraph (1) 
for a fiscal year exceeds the total to which all local educational agencies 
are entitled under such section for such year or, in case additional 
funds become available for making payments imder this title, the 
excess or such additional funds, as the case may be, shall be allocated 
among sections for which previous allocations are inadequate, on the 
same basis as is provided in paragraphs (1). (2), and (3) for the 
initial allocation." 
M I N I M U M ELIGIBILITY REQI'IREMEXT FOR P I H L I C LAW 
815 
SEC. 204, (a) The first sentence of section 5(c) of the Act of Sep-
tember 23, 1950 (Public Law 815, Eighty-first Congress), as amended 
by section 203(a) (3) of this Act, is amended to read as follows: 
o^"J^' ^:..\^^'' 
"(c) A local educational agency shall not be eligible to have any 
amount included in its maximum by reason of paragraph (1), (2), or 
(3) of subsection (a) unless the increase in children referred to in 
such paragraph, prior to the application of the limit^ition in subsection 
(d) is at least twenty and— 
" (1) in the case of paragraph (1) or (2), is— 
"(A) equal to at least 10 ])er centum of t)u' number of all 
children who were in the average daily membership of the 
schools of such agency during the base year, or 
"(B) at least one thousand five hundred, whichever is the 
lesser; and 
" (2) in the case of paragraph (3), is— 
"(A) equal to at least 10 per centum of the number of all 
children who were in the average daily membership of the 
schools of such agency during the base year, or 
"(B) at least two thousand five hundred, 
whichever is the lesser: Provided. 
That no local educational 
agency shall be regarded as eligible under this paragraph (2) 
uriless the Commissioner finds that the construction of additional 
minimum school facilities for the number of children in such 
increase will impose an undue financial burden on the taxing and 
borrowiuir authoritv of such acencv.'' 
47-348 O - 72 - 14 (Pt. 1) 
Post, p. 254. 
158 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
20 ^^sc 6
^
3
5
^ 
(^^ Section 5(d) of such Act is amended by inserting before the 
period at the end of the first sentence thereof the following: ", except 
that the number of children counted for the purposes of paragraph (1) 
or (2) of subsection (a) shall not be reduced by more than one thousand 
five hundred and that the number of children counted for the purposes 
of paragraph (3) of subsection (a) shall not be reduced by more than 
two thousand five hundred". 
SCHOOL CONSTRUCTION ASSISTANCE WHERE T H E IMMLPNITY OF CERTAIN 
FEDERAL PROPERTY FROM lAXATION CREATES A SUBSTANTIAL AND CON-
T I N U I N G IMPAIRMENT OF T H E ABILITY TO FINANCE 
NEEDED SCHOOL 
FACILITIES 
SEC 205. (a) Section 14 of the Act of September 23, 1950 (Public 
72 Stat. 555s 
Law 815, Eighty-fipst Congress), is amended by redesignating sub-
^^2^) usc*6^44. 
sections (c), (d), (e), and (f) of such subsection, and all references 
thereto, as subsections (d), (e), (f), and (g), respectively, and insert-
ing after subsection (d) the following new subsection: 
"(c) If the Commissioner determines with respect to any local edu-
cational agency— 
"(1) that (A) such agency is providing or, upon completion 
of the school facilities for which provision is made herein, will 
provide, free public education for children who are inadequately 
housed by minimum school facilities and whose membership in 
the schools of such agency has not formed and will not form the 
basis for payments under other provisions of this Act, and (B) 
the total number of such children represents a substantial per-
centage of the total number of children for whom such agency pro-
vides free public education, and (C) Federal property constitutes 
a substantial part of the school district of such agency, 
" (2) that the immunity of such Federal property from taxation 
by such agency has created a substantial and continuing impair-
ment of such agency's ability to finance needed school facilities, 
"(3) that such agency is making a reasonable tax effort and is 
exercising due diligence in availing itself of State and other finan-
cial assistance for the purpose, and 
^ 
"(4) that such agency does not have sufficient funds available 
to it from other Federal, State, and local sources to provide the 
minimum school facilities required for free public education of a 
substantial percentage of the children in the membership of its 
, 
schools, 
he may provide the assistance necessary to enable such agency to pro-
vide minimum school facilities for children in the membership of the 
schools of such agency whom the (Commissioner finds to be inadequately 
housed, upon such terms and conditions, and in such amounts (subject 
to the applicable provisions of this section) as the Commissioner may 
consider to be in the public interest. Such assistance may not exceed the 
portion of the cost of such facilities which the Commissioner estimates 
has not been, and is not to be, recovered by the local educational 
agency from other sources, including payments by the United States 
under any other provisions of this Act or any other law. Notwithstand-
ing the provisions of this subsection, the Commissioner may waive the 
percentage requirement in paragraph (1) whenever, in his judgment, 
exceptional circumstances exist which make such action necessary to 
avoid inequity and aAoid defeating the purposes of this subsection." 
".fmS'^U 
ti'H/ri V) T l : M'li! jfM. ~:Mi;7/-<vnf}«1 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
159 
DEC1.ARATI()X OF TOLICY WITH UESPECT lO SCHOOL CONSTRICTION 
ASSISTANCE FOR INDIAN CHILDREN 
SEC. 206. Section 14 of tlie Act of September 23, 1950 (Public Law 
815, Eiglity-first Congress), relatino- to i)ublic schools with children 
Ante. p. iss. 
residing on Indian lands, is further amended by inserting at the end 
thereof the following: 
" (h) It is hereby declared to be the policy of the Congress that the 
])rovision of assistance pursuant to subsections (a) and (b) of this 
section shall be given a priority at least equal to that given to i)avments 
made pursuant to section 10 of this Act." 
so sm. ms. 
TITLE 111—AMENDMENTS TO THE ADULT 
EDIX^VTION A ( T OV 1966 
EXTENSION AND REVISION OF THE ADULT EDUCATION ACT OK !!»(!(! 
SEC. 301. Effective on and after July 1, 1969, title III of the Ele-
mentary and Secondary Education Amendments of 1966 (the Adult 
PMucation Act of 1966) is amended to read as follows: 
so stat. 12le. 
' 
20 use 1201 
^^ ^ 
^^,„. 
"TITLE III—ADULT EDUCxVTlON 
''SHORT TITLE 
'\SEC. 301. This title may be cited as the 'Adult Education Act'. 
citation o
f 
*' 
title. 
" S T A T E M E N T OF ]•! RPOSE 
"SEC. 302. It is the })urpose of this title to expand educational oppor-
tunity and enc(nirage the establishment of i)rograms of adult public 
Z
^
, ; ; j 
education that will enable all adults to continue their education to at 
least the level of completion of secondary school and make available 
the means to secure training that will enal)le them to become more 
employable, productive, and responsible citizens. 
"DEFINITIONS 
"SEC. 303. As used in this title— 
"(a) The term 'adult' means any individual who has attained the 
age of sixteen. 
"(b) The term 'adult education* means services or instruction below 
the college level (as determined by the Commissioner), for adults 
who— 
"(1) do not have a certificate of graduation from a school 
]iroviding secondary education and who have not achieved an 
equivalent level of education, and 
"(2) are not currently required to be enrolled in schools. 
''(c) The term 'adult basic education' means adult education for 
adults whose inability to speak, read, or write the English language 
constitutes a substantial impairment of their ability to get or retain 
employment commensurate with their real ability, which is designed 
to help eliminate such inal)ilit}^ and raise the level of education of such 
individuals with a view to making them less likely to become dependent 
on others, to improving their ability to benefit from occupational train-
ing and otherwise increasing their opportunities for more productive 
and i)rofitab1e employment, and to making them better able to meet 
their adult responsibilities. 
"(d) The term 'Connnissiouer' means the Connnissioner of Edu-
cation. 
160 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
"(e) The term 'local educational agency' means a public board of 
education or other public authority legally constituted within a State 
for either administrative control or direction of public elementary or 
secondary schools in a city, county, township, school district, or other 
political subdivision of a State, or such combination of school districts 
or counties as are recognized in a State as an administrative agency 
for its public elementary or secondary schools, except that, if there 
is a separate board or other legally constituted local authority having 
administrative control and direction of adult education in public 
schools therein, such term means such other board or authority. 
"(f) The term 'State' includes the District of Columbia, and (ex-
cept for the purposes of section 305(a)) the Commonwealth of Puerto 
Hico, Guam, American Samoa, the Trust Territory of the Pacific 
islands, and the Virgin Islands. 
"(g) The term 'State educational agency' means the State board 
of education or other agency or officer primarily responsible for the 
State supervision of public elementary and secondary schools, or if 
there is a separate State agency or officer primarily responsible for 
supervision of adult education in public schools then such agency or 
officer may be designated for the purpose of this title by the Governor 
or by State law. If no agency or officer qualifies under the preceding 
sentence, such term shall mean an appropriate agency or officer desig-
nated for the purposes of this title by the Governor. 
"(h) The term 'academic education' means the theoretical, the lib-
eral, the speculative, and classical subject matter found to compose 
the curriculum of the public secondary school. 
"(i) The term 'institution of higher education' means any such 
institution as defined by section 801 (e) of the Elementary and Secon-
79 Stat. 56; 
dary Education Act of 1965. 
81 Stat. 816. 
"GRANTS TO STATJ:S FOR ADULT EDUCATION 
"SEC. 304. (a) From the sums appropriated pursuant to section 312, 
not less than 10 per centum nor more than 20 per centum shall be 
reserved for the purposes of section 309. 
"(b) From the remainder of such sums, the Commissioner is au-
thorized to make grants to States, which have State plans approved 
by him under section 306 for the purposes of this section, to pay the 
Federal share of the cost of (1) the establishment or expansion of 
adult basic education programs to be carried out by local educational 
agencies and private nonprofit agencies, and (2) the estaliishment 
or expansion of adult education programs to be carried out by local 
educational agencies and private nonprofit agencies. 
20 u s e 881. 
ii ALLOTMENT FOR ADULT 
EDUCATION 
"SEC. 305. (a) From the sums available for purposes of section 
304(b) for any fiscal year, the Commissioner shall allot (1) not more 
than 2 per centum thereof among Puerto Rico, Guam, American 
Samoa, the Trust Territory of the Pacific Islands, and the Virgin 
Islands according to their respective needs for assistance under such 
section, and (2) $150,000 to each State. From the remainder of such 
sums he shall allot to each State an amount which bears the same ratio 
to such remainder as the number of adults who do not have a certificate 
of graduation from a school providing secondary education (or its 
equivalent) and who are not currently required to be enrolled in 
schools in such State bears to the number of such adults in all States. 
"(b) The portion of any State's allotment under subsection (a) for 
a fiscal year which the Commissioner determines will not be required, 
for the period such allotment is available, for carrying out the State 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
1(31 
plan approved under this title shall be available for reallotment from 
time to time, on such dates during such period as the Commissioner 
shall fix, to other States in proportion to the original allotments to 
such States under subsection (a) for such year, but with such propor-
tionate amount for any of such other States being reduced to the ex-
tent it exceeds the sum which the Commissioner estimates such State 
needs and will be able to use for such period for carrying out its State 
plan approved under this title, and the total of such reductions shall 
be similarly reallotted among the States whose proportionate amounts 
are not so reduced. Any amount reallotted to a State under this sub-
section during a year shall be deemed part of its allotment under sub-
section (a) for such year. 
"STATE PLANS 
"SEC. 306. (a) Any State desiring to receive its allotment of Fed-
eral funds for any grant under this title shall submit through its State 
educational agency a State plan. Such State plan shall be in such detail 
as the Commissioner deems necessary, and shall— 
" (1) set forth a program for the use of grants, in accordance 
with section 304(b), which affords assurance of substantial prog-
ress with respect to all segments of the adult population and all 
areas of the State, toward carrying out the purposes of such 
section; 
"(2) provide for the administration of such plan by the State 
educational agency; 
"(3) provide for cooperative arrangements between the State 
educational agency and the State health authority authorizing the 
use of such health information and services for adults as may be 
available from such agencies and as may reasonably be necessary 
to enable them to benefit from the instruction provided pursuant 
to this title; 
" (4) provide for grants to public and private nonprofit agencies 
for special projects, teacher-training, and research; 
"(5) provide for cooperation with Community Action pro-
grams, Work Experience programs, VISTA, Work Study, and 
other programs relating to the antipoverty effort; 
"(6) provide that such agency will make such reports to the 
Reports. 
Commissioner, in such form and containing such information, as 
may reasonably be necessary to enable the Commissioner to per-
form his duties under this title and will keep such records and 
Records. 
afford such access thereto as the Commissioner finds necessary to 
assure the correctness and verification of such reports; 
"(7) provide such fiscal control and fund accounting proce-
dures as may be necessary to assure proper disbursement of and 
accounting for Federal funds paid the State under this title 
(including such funds paid by the State to local educational 
agencies and private nonprofit agencies); 
"(8) provide that special emphasis be given to adult basic edu-
cation programs except where such needs can be shown to have 
been met in the State; and 
"(9) provide such further information and assurances as the 
Commissioner may by regulation require. 
" (b) The Commissioner shall not finally disapprove any State plan 
Hearing 
submitted under this title, or any modification thereof, without first °pp°'"'""''y-
affording the State educational agency reasonable notice and oppor-
tunity for a hearing. 
162 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
'PAYMENTS 
"SEC. 307. (a) Except as provided in subsection (b), the Federal 
share of expenditures to carry out a State plan shall be paid from a 
State's allotment available for grants to such State, The Federal share 
for each State shall be 90 per centum, except that with respect to the 
Trust Territory of the Pacific Islands such Federal share shall be 100 
per centum. 
"(b) No payment shall be made to any State from its allotment for 
any fiscal year unless the Commissioner finds tliat the amount avail-
able for expenditure by such State for adult education from non-
Federal sources for such year will be not less tlian the amount 
expended for such purposes from such sources during tlie preceding-
fiscal year, but no State shall be required to U;:e its funds to supplant 
any portion of the Federal share. 
"OPERATION OF STATE PLANS; HEAPVINGS AND JUDICIAL REVIEW 
Noncompliance. 
"SEC. 308. (a) Wlieiiever the Commissioner, after reasonable notice 
payments'."" ° 
aud opportuuity for hearing to the State educational agency adminis-
tering a State plan approved under this title, finds that— 
"(1) the State plan has been so changed that it no longer com-
plies with the provisions of section 306, or 
"(2) in the administration of the plan there is a failure to com-
ply substantially with any such provision, 
the Commissioner shall notify such State agency that no further pay-
ments will be made to the Sta'^e under this title (or, in his discretion, 
that further payments to the State will be limited to programs under 
or portions of the State plan not affected by such failure), until he is 
satisfied that there will no longer be any failure to comply. Until he 
is so satisfied, no further payments may be made to such State under 
this title (or payments shall be limited to programs under or portions 
of the State plan not affected by such failure). 
"(b) A State educational agency dissatisfied with a final action of 
the Commissioner under section 306 or subsection (a) of this section 
may appeal to the United States court of appeals for the circuit in 
which the State is located, by filing a petition with such court within 
sixty days after such final action. A copy of the petition shall be forth-
with transmitted by the clerk of the court to the Commissioner or any 
officer designated by him for that purpose. The Commissioner there-
upon shall file in the court the record of the proceedings on which he 
based his action, as provided in section 2112 of title 28, United States 
72 Stat. 941; 
Code. Upoii the filing of such petition, the court shall have jurisdiction 
80 Stat. 1323. 
^^ affirm the action of the Commissioner or to set it aside, in whole or 
in part, temporarily or permanently, but until the filing of the record, 
the Commissioner may modify or set aside his order. The findings 
of the Commissioner as to the facts, if supported by substantial evi-
dence, shall be conclusive, but the court, for good cause shown, may 
remand the case to the Commissioner to take further evidence, and the 
Commissioner may thereupon make new or modified findings of fact 
and may modify his previous action, and shall file in the court the 
record of the further proceedings. Such new or modified 
findings 
of fact shall likewise be conclusive if supported by substantial evi-
dence. The judgment of the court affirming or setting aside, in 
• • 
whole or part, any action of the Commissioner shall be final, subject 
to the review by the Supreme Court of the United States upon cer-
tiorari or certification as provided in section 1254 of title 28, United 
62 Stat. 9
2 8. 
States Code. The commencement of proceedings under this subsection 
shall not, unless so specifically ordered by the court, operate as a stay 
of the Commissioner's action. 
84 
STAT. ] 
PUBLIC LAW91-230-APR. 13, 1970 
163 
"SPECIAL 
EXPERIMENTAL 
DEMONSTRATION 
PROJECTS 
AND 
TEACHER 
TRAINING 
"SEC. 309. (a) The sums reserved in section 304(a) for the purposes 
of this section shall be used for making special project grants or pro-
viding teacher-training grants in accordance with this section. 
"(b) The Commissioner is authorized to make grants to local edu-
cational agencies or other public or private nonprofit agencies, 
including educational television stations, for special projects which 
will be carried out in furtherance of the purposes of this title, and 
which— 
"(1) involve the use of innovative methods, systems, materials, 
or programs which the Commissioner determines may have 
national significance or be of special value in promoting effective 
programs under this title, or 
"(2) involve programs of adult education, carried out in 
cooperation with other Federal, federally assisted. State, or local 
programs which the Commissioner determines have unusual 
promise in promoting a comprehensive or coordinated approach 
to the problems of persons with educational deficiencies. 
The Commissioner shall establish procedures for making grants under 
this subsection which shall require a non-Federal contribution of 
at least 10 per centum of the costs of such projects wherever feasible 
and not inconsistent with the purposes of this subsection. 
"(c) The Commissioner is authorized to make provision for train-
ing persons engaged, or preparing to engage, as personnel in adult 
education programs designed to carry out the purposes of this title, 
including the payment of such stipends and allowances (including 
traveling and subsistence expenses, if any, for such persons and their 
dependents) as the Commissioner may determine by regulation. The 
Commissioner may provide such training directly or by contract or 
he may provide for such training by making grants to institutions of 
higher education. State or local educational agencies, or other appro-
priate public or private agencies or organizations. 
Special project 
grants. 
Adult educa-
tion training. 
Contract au-
thority. 
a NATIONAL ADVISORY COUNCIL ON ADUI.T EDUCATION 
"SEC. 310. (a) The President shall appoint a National Advisory 
Council on Adult Education (hereinafter in this section referred to 
as the'Council'). 
"(b) The Council shall consist of fifteen members who shall, to 
the extent possible, include persons knowledgeable in the field of adult 
education. State and local public school officials, and other persons 
having special knowledge and experience, or qualifications with 
respect to adult education, and persons representative of the general 
public. The Council shall meet initially at the call of the Commis-
sioner and elect from its number a chairman. The Council will there-
after meet at the call of the chairman, but not less often than twice 
a year. 
"(c) The Council shall advise the Commissioner in the prepara-
tion of general regulations and with respect to policy matters arising 
in the administration of this title, including policies and procedures 
governing the approval of State plans under section 306 and policies 
to eliminate duplication, and to effectuate the coordination of pro-
grams under this title and other programs offering adult education 
activities and services. 
"(d) The Council shall review the administration and effective-
ness of programs under this title, make recommendations with 
respect thereto, and make annual reports to the President of its findings 
and recommendations (including recommendations for changes in this 
Members. 
Duties. 
Program eval-
uation. 
Reports to 
President and 
Congress. 
164 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
title and other Federal laws relating- to adult education activities and 
services). The President shall transmit each such repoil to the Con-
gress together with his comments and reconmiendations. The Sec-
retary of Health, Education, and AVelfare shall coordinate the work 
of the Council with that of other related advisory councils. 
' ' L l M r r A T l O N 
Grants, sec- 
''SKC. Ml. Xo gTaut uuiy be made under this title for any educational 
lTr!^Z^^I^^tl^'^ proa-ram, activity, or service related to sectarian instruction or reli-
programs, pro- 
i ^ tr^ 
' 
^ 
J 7 
• i i i 
^ 
-i- • • 
hibition. 
jrious worshii), or provided by a school or department of divniity. 
For purposes of this section, the term 'school or department of divin-
ity" means an institution or a department or branch of an institution 
whose pro^jram is specifically for the education of students to prepare 
them to become ministers of religion or to enter upon some other 
religious vocation, or to prepare them to teach theological subjects. 
"APl'ROrKlATIONS AUTHORlZKn 
'VSEC. 312. (a) There are authorized to be appropriated $16(),()()(),(H)() 
for the fiscal year ending June 30, 1970, $200,000,000 for the fiscal year 
ending June 30, 1971, and $225,000,000 for each of the fiscal years 
ending June 30, 1972, and June 30, 1973, for the pui-poses of this title. 
"(b) There are further authorized to be appropriated for each such 
fiscal year such sums, not to exceed 5 j)er centum of the amount appro-
priated pursuant to subsection (a) for such year, as may be necessary 
to pay the cost of the administration and development of State j)lans, 
and other activities required pursuant to this title." 
APPOINTMENT OF MEMBEHS OF NATIONAL ADVISORY CH)rX('lL ON 
ADI'LT EDUCATION 
SEC. 302. Meml)ers of the National Advisory Council on Adult Fdu-
cation shall be ai)i)ointed within ninety days after the date of enact-
ment of this Act. 
TITLE IV—AMENDMENTS TO TITLE IV OF PUBLIC^ 
LAW 90-247 
1226. 
GE N ER A L 1*R() 
V1SIO N S 
SEC. 401. (a) Title IV of the Elementary and Secondary Education 
81 Stat. 814; 
Amendments of 19(i7 is amended in the following respects: 
20 use 1221- 
(1) The heading of such title is amended to read as follows: 
"TITLE IV—CENERAL PROVISIONS CONCERNING 
EDCCWTION''. 
(2) Section 401 of such title is amended— 
(A) by adding at the end of the caption head "; DEFiNrnoNs; 
AppROPRiAiTONS; S H O R T T I T L E " , a n d 
(B) by inserting " (a)" after "SEC. 401.'' and adding at the end 
thereof the following new subsections: 
"(b) For the purposes of this title, the term— 
" (1) 'Commissioner* means the (Commissioner of Education; 
" (2) 'Secretary' means the Secretary of Health, PMucation, and 
"Welfare; and 
"(3) 'applicable program' means a program to which this title 
is applicable. 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
165 
"(c) There are hereby authorized to be appropriated for any fiscal 
year, as part of the appropriations for salaries and expenses for the 
Office of Education, such sums as the Congress may determine to be 
necessary to carry out the provisions of this title. 
•'(d) This title may be cited as the 'General Education Provisions 
Act'.". 
(3) Section 402 of such title is amended to read as follows: 
'"PROGKAM P L A N N I N G AND EVALUATION 
•'SEC. 402. (a) Sums appropriated pursuant to section 401 (c) may 
include for any fiscal year for which appropriations are otherwise 
authorized under any applicable program not to exceed $25,000,000 
which shall be available to the Secretary, in accordance with regula-
tions prescribed by him, for expenses, including grants, contracts, or 
other payments, for (1) planning for the succeeding year for any 
such program, and (2) evaluation of such programs. 
" (b) No later than July 31 of each calendar year, the Secretary shall 
transmit to the respective committees of the Congress having legis-
lative jurisdiction over any applicable program a report containing 
(1) a brief description of each contract or grant for evaluation of such 
})rogram or programs (whether or not such contract or grant was 
made under this section), any part of the performance of which 
occurred during the preceding fiscal year, (2) the name of the firm or 
individual who is to carry out the evaluation, and (3) the amount to 
be paid under the contract or grant." 
(4) Section 403 of such title is amended by striking out "Act 
referred to in section 401" and inserting in lieu thereof "applicable pro-
gram" and by striking out "under any such Act" and inserting in 
lieu thereof "under such program". 
(5) Sections 404 and 405 of such title are amended by striking out 
"Act referred to in section 401" and inserting in lieu thereof "appli-
cable program". 
(6) Section 404 of such title is amended— 
(A) in the caption head thereof, by striking out "AND" and 
inserting in lieu thereof a semicolon and by inserting "CONTINCJENT 
EXTENSION 
o r 
EXPIRING 
APPROPRIATION 
AUTHORITY" 
a t 
t h e 
C u d 
thereof; and 
(B) by inserting at the end tliereof the following new subsec-
tion : 
"(c) T^nless the Congress— 
"(1) in tlie regular session in which a comj)rehensive evalua-
tion report required by subsection (b) is submitted to Congress, 
has passed or formally rejected legislation extending the author-
ization for appropriations tlien specified for any title, part, or 
section of law to which such evaluation relates, or 
"(2) prior to July 1, 1973, by action of either House approAes 
a resolution stating that the provisions of this subsection shall 
no longer apply, 
such authorization is hereby automatically extended, at tlie level 
specified for the teiTninal year of such authorization for one fiscal 
year beyond such terminal year, as si^ecified in such legislation.". 
(7) Section 405 of such title is amended by inserting "loans," after 
•'grants,", 
(8) Section 405 of such title is further amended by inserting " ( a ) " 
after "SEC. 405." and by inserting at the end thereof the following new 
subsection : 
"(b) Notwithstanding any other provision of law, unless enacted 
in specific limitation of the provisions of this subsection, any funds 
from appropriations to carry out any programs to which this title is 
Appropriation. 
Citation of 
title. 
81 Stat. 814. 
20 u s e 1222. 
Supra. 
Report to con-
gressional 
committees. 
20 u s e 1223. 
20 u s e 1224, 
1225. 
Availability 
of funds. 
82 Stat. 1094. 
20 u s e 1226. 
Ante, p. 164. 
166 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
applicable during any fiscal year, ending prior to July 1, 1973, which 
are not obligated and expended prior to the beginning of the fiscal 
year succeeding the fiscal year for which such funds were appropri-
ated shall remain available for obligation and expenditure during such 
succeeding fiscal year.". 
(9) Section 406 of such title is amended by inserting "and expendi-
ture" after "obligation". 
(10) Such title is further amended by inserting after section 401 the 
following heading: "PART A—APPROPRIATIONS AND EVALUATIONS" and 
by adding at the end thereof the following new parts: 
"PART B—GENERAL REQUIREMENTS AND CONDITIONS CONCERNING 
THE OPERATION AND ADMINISTRATION OF EDUCATION PROGRAMS ; 
GENERAL AUTHORITY or THE COMMISSIONER OF EDUCATION 
"SUBPART 1—GENERAL AUTHORITY 
•
^
T 
' 
"DELEGATION OF AUTHORITY; UTILIZATION OF OTHER AGENCIES 
"SEC. 411. (a) The Commissioner is authorized to delegate any of 
his functions under any applicable program, except the making of 
regulations and the approval of State plans, to any officer or employee 
of the Office of Education. 
"(b) In administering any applicable program, the Commissioner is 
authorized to utilize the services and facilities of any agency of the 
Federal Government and of any other public or nonprofit agency or 
institution in accordance with appropriate agreements, and to pay for 
such services either in advance or by way of reimbursement, as may be 
agreed upon. 
"COLLECTION AND DISSEMINATION OF INFORMATION 
"SEC. 412. (a) The Commissioner shall— 
"(1) prepare and disseminate to State and local educational 
agencies and institutions information concerning applicable pro-
grams and cooperate with other Federal officials who administer 
programs affecting education in disseminating information con-
cerning such programs; 
"(2) inform the public on federally supported education 
^ *" programs; 
"(3) collect data and information on applicable programs for 
the purpose of obtaining objective measurements of the effective-
ness of such programs in achieving their purposes; and 
" (4) prepare and publish an annual report (to be referred to as 
'the Commissioner's annual report') on (A) the condition of edu-
cation in the nation, (B) developments in the administration, 
utilization, and impact of applicable programs, (C) results of 
investigations and activities by the Office of Education, and (D) 
such facts and recommendations as will serve the purpose for 
which the Office of Education is established (as set forth in section 
516 of the Revised Statutes (20 U.S.C. 1)). 
Report to 
"(b) The Commissioner's annual report shall be submitted to the 
Congress. 
Cougrcss uot later than March 31 of each calendar year. The Commis-
sioner's annual report shall be made available to State and local educa-
tional agencies and other appropriate agencies and institutions and to 
the general public. 
^^con^t_ract 
«(c) The CommissioiieT is authorized to enter into contracts with 
°"'^" 
public or private agencies, organizations, groups, or individuals to 
carry out the provisions of this section. 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
167 
• ' C A T A L O G o r FEDERAL EDUCATION ASSISTANCE PROGRAMS 
"SEC. 413. The Commissioner shall prepare and make available in 
such form as he deems appropriate a catalog of all Federal education 
assistance programs whether or not such programs are administered 
by him. The catalog shall— 
"(1) identify each such program, and include the name of the 
program, the authorizing statute, the specific Federal administer-
mg officials, and a brief description of such program; 
(2) set forth the availability of benefits and eligibility restric-
tions in each such program; 
"(3) set forth the budget requests for each such program, past 
appropriations, obligations incurred, and pertinent 
financial 
information indicating (A) the size of each such program for 
selected fiscal years, and (B) any funds remaining available; 
^ 
"(4) set forth the prerequisites, including the cost to the recipi-
ent, of, receiving assistance under each such program, and any 
duties required of the recipient after receiving benefits; 
"(5) identify appropriate officials, in Washington, District of 
Columbia, as well as in each State and locality (if applicable), to 
whom application or reference for information for each such pro-
gram may be made; 
"(6) set forth the application procedures; 
"(7) contain a detailed index designed to assist the potential 
beneficiary in identifying all education assistance programs 
related to a particular need or category of potential beneficiaries; 
"(8) contain such other program information and data as the 
Commissioner deems necessary or desirable in order to assist the 
potential program beneficiary to understand and take advantage 
of each Federal education assistance program; and 
"(9) be transmitted to Congress with the Commissioner's 
Transmittal 
annual report. 
''TECHNICAL ASSISTANCE 
"SEC. 414. (a) For the purpose of carrying out more effectively 
Federal education programs, the Commissioner is authorized, upon 
request, to provide advice, counsel, and technical assistance to State 
educational agencies, institutions of higher education, and, with the 
approval of the appropriate State educational agency, elementary and 
secondary schools— 
"(1) in determining benefits available to them under Federal 
1 aw; 
"(2) in preparing applications for, and meeting requirements 
of, applicable programs; 
"(3) in order to enhance the quality, increase the depth, or 
broaden the scope of activities under applicable programs; and 
"(4) in order to encourage simplification of applications, 
reports, evaluations, and other administrative procedures. 
"(b) The Commissioner shall permit local educational agencies to 
use organized and systematic approaches in determining cost alloca-
tion, collection, measurement, and reporting under any applicable pro-
gram, if he determines (1) that the use of such approaches will not in 
any manner lessen the effectiveness and impact of such program in 
achieving purposes for which it is intended, (2) that the agency will 
use such procedures as will insure adequate evaluation of each of the 
programs involved, and (3) that such approaches are consistent with 
criteria prescribed by the Comptroller General of the United States for 
the purposes of audit. For the purpose of this subsection a cost is 
allocable to a particular cost objective to the extent of relatiA^e benefits 
received by such objective. 
to Congress. 
168 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
"(c) The Commissioner's amiual report siiall oontaiii a statement 
of the Commissioner's activities under this section. 
" P A R E N T A L INVOLVEMKNT AND DISSP^MINATION 
"SEC. 415. In the case of any applicable program in which the Com-
missioner determines that parental participation at the State or local 
level would increase the effectiveness of the program in achieving its 
purposes, he shall promulgate regulations with respect to such pro-
gram setting forth criteria designed to encourage such participation. 
If the program for which such determination provides for payments 
to local educational agencies, applications for such payments shall— 
"(1) set forth such policies and ])rocedures as will ensure that 
])rograms and })roiects assisted under the application have been 
planned and developed, and will be o])erated, in consultation with, 
and with the involvement of, parents of the children to be served 
by such programs and projects; 
"(2) he submitted with assurance that such i)arents have had an 
opportunity to present their views with respect to the api)lica-
tion; and 
"(3) set forth policies and procedures for ade<|uate dissemina-
tion of program i)lans and evaluations to such ))arents and the 
public. 
" U S E 0I-' FUNDS WITHHELD FOK FAILURE TO COMPLY WITH OTHER 
rROVlSU)NS OF FEDERAL LAW 
"SEC. 416. At any time that the Commissioner establishes an entitle-
ment, 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 reallot-
ment is based excluded all data relating to local educational agencies 
of the State which on the date of the (Commissioner's action are ineli-
gible to receive the Federal financial assistance involved because of a 
78 Stat. 252. 
failure to comply with title VI of the Civil Rights xVct of 1964. Any 
42 use 20ood. 
appropriated funds which will not be paid to a State as a result of 
the preceding sentence may be used by the Commissioner for grants to 
local educational ajjencies of that State in accordance with section 
78 Stat. 247. 
405 of the Ci vil Rights Act of 1964. 
42 u s e 2000C-4. 
" 
"AITHORITY TO FIRNISH 
INFORMATION 
"'SEC. 417. (a) The (\>mmissioner is authorized to furnish tran-
scripts or co])ies of tables and other records of the Office of Educa-
tion to, and to make special statistical compilations and surveys for. 
State or local officials, private organizations, or individuals. Such 
statistical compilations and surveys shall be made subject to the pay-
ment of the actual or estimated cost of such work. In the case of 
nonprofit organizations or agencies the (\)mmissioner may engage in 
joint statistical projects, the cost of which shall be shared equitably 
as determined by the Commissioner, provided that the purposes are 
otherwise authorized by law. 
"(b) All moneys received in payment for work or services enumer-
ated under this section shall be deposited in a separate account which 
may be used to pay directly the costs of such work or services, to rei)ay 
appropriations which initially bore all or ])art of such costs, or to 
refund excess sums when necessary. 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
169 
"SUBPART 
2—^ADMINISTRATION: 
EEQUIREMENTS 
AND 
LIMITATIONS 
"RULES: REQUIREMENTS AND ENFORCEMENT 
"SEC. 421. (a) Kules, regulations, guidelines, or other published 
interpretations or orders issued by the Department of Health, Edu-
cation, and Welfare or the Office of Education, or by any official of 
such agencies, in connection with, or affecting, the administration of 
any applicable program shall contain immediately following each 
substantive provision of such rules, regulations, guidelines, interpre-
tations, or orders, citations to the particular section or sections of 
statutory law or other legal authority upon which such provision is 
based. 
"(b) No standard, rule, regulation, or requirement of general 
Publication in 
applicability prescribed tor the administration ot any applicable pro-
gram may take effect until thirty days after it is published in the 
Federal Register. 
"(c) All such rules, reflations, guidelines, interpretations, or orders 
shall be uniformly applied and enforced throughout the fifty States. 
Federal Register. 
a PROHIBITION AGAINST FEDERAL CONTROL OF EDUCATION 
"SEC. 422, No provision of the Act of September 30, 1950, Public 
Law 874, Eighty-first Congress; the National Defense Education Act 
of 1958; the Act of September 23, 1950, Public Law 815, Eighty-first 
Congress; the Higher Education Facilities Act of 1963; the Ele-
mentary and Secondary Education Act of 1965; the Higher Education 
Act of 1965; the International Education Act of 1966; or the Voca-
tional Education Act of 1963 shall be construed to authorize ajiy 
department, agency, officer, or employee of the United States to exer-
cise any direction, supervision, or control over the curriculum, pro-
gram 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. 
(( 
64 Stat. 
20 use 
72 Stat. 
20 use 
note. 
72 Stat. 
20 use 
77 Stat. 
20 use 
note. 
79 Stat. 
20 use 
note. 
79 Stat. 
20 use 
note. 
80 Stat. 
20 use 
note. 
82 Stat. 
20 use 
note. 
79 Stat. 
20 use 
1100. 
236. 
1580. 
401 
548. 
631. 
363. 
701 
27. 
821 
1219. 
1001 
1066. 
1171 
1064. 
1241 
1159. 
241-1 
LABOR STANDARDS 
"SEC. 423. Except for emergency relief under section 7 of the Act 
of September 30, 1950 (Public Law 874, Eighty-first Congress), all 
laborers and mechanics employed by contractors or subcontractors on 
all construction and minor remodeling projects assisted under any 
applicable program shall be paid wages at rates not less than those 
prevailing on similar construction and minor remodeling in the local-
ity as determined by the Secretary of Labor in accordance with the 
Davis-Bacon Act, as amended (40 IT.S.C. 276a—276a-5). The Secre- 49'*stal^*io\?^' 
tary of Labor shall have, with respect to the labor standards specified 
in this section, the authority and functions set forth in Reorganiza-
tion Plan Numbered 14 of 1950 and section 2 of the Act of June 13, 
64 stat. i267. 
1934, as amended (40 U.S.C. 276c). 
63 stat. los. 
"RECORDS AND AUDIT 
"SEC. 424. (a) Each recipient of funds from a grant or contract 
under any applicable program shall keep such records as the Com-
missioner shall prescribe, including records which fully disclose the 
amount and disposition 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 
170 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
of the cost of the project or undertaking supplied by other sources, 
and such other records as will facilitate an effective audit. 
GAo audit. 
«^|3^ rjy-j^Q Sccretarj and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall have 
access for the purpose of audit and examination to any books, docu-
ments, papers, and records of the recipients that are pertinent to the 
grant or contract received under any applicable program. 
u 
PAYMENTS 
"SEC. 425. 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. 
"AUTHORITY TO VEST TITLE TO EQUIPMENT 
"SEC. 426. The authority of the Commissioner of Education to make 
a grant to or contract with a local educational agency or State educa-
tional agency as such agencies are defined in sections 801 (f) and 801 (k) 
79 Stat. 55; 
of the Elementary and Secondary Education Act of 1965, under any 
81 Stat! 816?' 
applicable program, shall include discretionary authority, whenever he 
20 use 881. 
determines that it would be in the public interest, to vest title to 
equipment purchased with grant or contract funds in such agency 
(or waive accountability to the United States for such equipment) 
without further obligation to the Government or on such terms or 
conditions as the Commissioner deems appropriate. The authority 
provided by this section shall be applicable to equipment purchased 
with funds provided by grants or contracts made on, before, or after 
the date of the enactment of this section. 
"PART C—ADVISORY COUNCILS 
(( 
DEFINITIONS 
"SEC. 431. As used in this part, the term— 
"(1) 'advisory council' means any committee, board, commis-
sion, council, or other similar group (A) established or organized 
pursuant to any applicable statute, or (B) established under the 
authority of section 432; but such term does not include State 
advisory councils or commissions established pursuant to any such 
statute; 
"(2) 'statutory advisory council' means an advisory council 
established by, or pursuant to, statute to advise ajid make recom-
mendations with respect to the administration or improvement of 
an applicable program or other related matter; 
" (3) 'nonstatutory advisory council' means an advisory council 
which is (A) established under the authority of section 432, or 
(B) established to advise and make recommendations with respect 
to the approval of applications for grants or contracts as required 
by statute; 
" (4) 'Presidential advisory council' means a statutory advisory 
council, the members of which are appointed by the President; 
"(5) 'Secretarial advisory council' means a statutory advisory 
council, the members of which are appointed by the Secretary; 
"(6) 'Commissioner's advisory council' means a statutory ad-
visory council, the members of which are appointed by the Com-
missioner ; 
"(7) 'applicable statute' means any statute (or title, pB,rt, or 
section thereof) which authorizes an applicable program or con-
trols the administration of any such program. 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
171 
"AUTJIORIZATIOX FOR JSKCESSARY ADVISORY COUXCILS 
"SEC. 482. (a) The Commissioner is authorized to create, and 
appoint the meml)ers of, sucli advisory councils as he determines in 
Mritingto be necessary to advise him with respect to— 
'*(1) the organization of the Office of Education and its con-
duct in the administration of applicable programs; 
"(2) rec<mnnendations for legislation regarding education pro-
grams and the means by which the educational needs of the 
Nation may be met; and 
'" 
"(8) special problems and areas of special interest in education. 
"(b) Each advisory council created under the authority of subsec-
tion (a) shall terminate not later than one year from the date of its 
creation unless the (\)mmissioner determines in writing not more than 
thirty days prior to the expiration of such one year that its existence 
for an additional period, not to exceed one year, is necessary in order 
to complete the recommendations or reports for which it was created. 
"(c) The Commissioner shall include in his report submitted pursu-
ant to section 438 a statement on all advisory councils created or 
extended under the authority of this section and their activities. 
" M E M B E R S H I P A X D R E P O R T S O F STATITORY ADVISORY COIXCILS 
"SEC. 433. Notwithstanding any other provision of law unless ex-
pressly in limitation of the provisions of this section, each statutory 
advisory council— 
"(1) shall be composed of the number of members provided by 
statute who may be appointed, without regard to the ])rovisions of 
title 5, United States Code, governing appointment in the com-
petitive service, and shall serve for terms of not to exceed three 
years, which in the case of initial members, shall be staggered: 
and 
"(2) shall make an annual report of its activities, findings and co^^^esV° 
recommendations to the Congress not later than March 31 of each 
calendar year, which shall be submitted with the Connnissioner's 
annual report. 
The Commissioner shall not serve as a member of any such advisory 
council. 
" c O M P E N S A ' n O X OF MEMBERS OF ADVISORY COUXCILS 
"SEC. 434. Members of all advisory councils to which this part is 
applicable who are not in the regular full-time employ of the t'nited 
States shall, while attending meetings or conferences of the advisory 
council or otherwise engaged in the business of the advisory council, 
be entitled to receive compensation at a rate fixed by the (\)mmis-
sioner, but not exceeding the rate specified at tlie time of sucli service 
for grade GS-18 in section 5332 of title 5, United States Code, includ- 
'P°«'' P- ^^^•^• 
ing traveltime, and while so serving on the business of the advisory 
council away from their homes or regular ))laces of business, they may 
l)e allowed travel expenses, including ))er diem in lieu of subsistence, as 
authorized by section 5703 of title 5, United States Code, for i)ersons 
^o stat. 499; 
employed mtermittently m the (xovernment service. 
" I ' R O F E S S I O N A L , TECIIXK A L , AND CLERICAL STAFF; TECHNICAL ASSISTANCE 
"SEC. 435. (a) Presidential advisory councils are authorized to 
appoint, without regard to the pro\isions of title 5, Ignited States Code, 
governing api)ointments in the competitive service, or otherwise obtain 
the services of, such professional, technical, and clerical i)ersonnel as 
may be necessary to enable them to carry out their functions, as pre-
scribed by laAV. 
83 Stat. 190. 
172 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
80 Stat. 416. 
Post, p. 198-1. 
"(b) The Commissioner shall engage such personnel and technical 
assistance as may be required to permit Secretarial and Commis-
sioner's advisory councils to carry out their functions as prescribed by 
law. 
"(c) Subject to regulations of the Commissioner, Presidential advi-
sory councils are authorized to procure temporary and intermittent 
services of such personnel as are necessary to the extent authorized by 
section 3109 of title 5, United States Code, but at rates not to exceed 
the rate specified at the time of such service for grade GS-18 in section 
5332 of such title. 
''MEETINGS OF ADVISORY 
COUNCILS 
"SEC. 436. (a) Each statutory advisory cou]icil shall meet at the 
call of the chairman thereof but not less than two times each year. 
Nonstatutory advisory councils shall meet in accordance with regula-
tions promulgated by the Commissioner. 
"(b) Minutes of each meeting of each advisory council shall be kept 
and shall contain a record of the persons present, a description of mat-
ters discussed and conclusions reached, and copies of all reports 
received, issued, or approved by the advisory council. The accuracy of 
all minutes shall be certified to by the chairman of the advisory 
council. 
GAO audit. 
AUDITING AND REVIEW OF ADVISORY COUNCIL ACTIVITIES 
"SEC. 437. (a) Each statutory advisory council shall be subject to 
such general regulations as the Commissioner may promulgate respect-
ing the governance of statutory advisory councils and shall keep such 
records of its activities as will fully disclose the disposition of any 
funds which may be at its disposal and the nature and extent of its 
activities in carrying out its functions. 
"(b) The Comptroller Ceneral of the United States, or any of his 
duly authorized representatives, shall have access, for the purpose of 
audit and examination, to any books, documents, papers, and records 
of each statutorv advis:ory council. 
Report to 
congressional 
committees. 
Abolishment. 
Repeal. 
82 Stat. 1051. 
20 u s e 1147-
1150. 
Ante, p. 166. 
"REPORT BY THE COMMISSIONER OF EDUCATION 
"SEC. 438. (a) Not later than March 31 of each calendar year after 
1970, the Commissioner shall submit, as a part of the Commissioner's 
annual report, a report on the activities of the advisory councils which 
are subject to this part to the Committee on Labor and Public Welfare 
of the Senate and the Committee on Education and Labor of the House 
of Eepresentatives. Such report shall contain, at least, a list of all such 
advisory councils, the names and affiliations of their members, a 
description of the function of each advisory council, and a statement 
of the dates of the meetings of each such advisory council. 
"(b) If the Commissioner determines that a statutory advisor}' 
council is not needed or that the functions of two or more statutory 
advisory councils should be combined, he shall include in the report a 
recommendation tliat such advisory council be abolished or that such 
functions be combined. T^nless there is an objection to such action by 
either the Senate or the House of Representatives within ninety days 
after the submission of such report, the Commissioner is authorized 
to abolish such advisory council or combine the functions of two or 
more advisory councils as recommended in such report.". 
(b) Sections 1207, 1208, 1209, and 1210 of the Higher Education 
Act of 1965 (as added by Public Law 90-575) are superseded by part 
A of title IV of Public Law 90-247 and are hereby repealed. 
79 Stat. 57. 
72 Stat. 554. 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
173 
(c) The following provisions of law relating to the delegation of 
Repeal-
functions and utilization of the services of other agencies by the Office 
of Education are superseded by section 411 of Public Law 90-247 
^"'^' P- ^^*'-
and are hereby repealed: 
(1) The third sentence of subsection (a) of section 302 of the 
Act of September 30, 1950, Public Law 874, Eighty-first Congress 
(20 U.SC. 243(a)); 
.^l^'s^'"'' 
(2) Subsections (a) and (b) of section 803 of tlie Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 883 (a) and 
(b)); 
(3) Subsection (a) of section 13 of the Act of September 23, 
1950, Public Law 815, Eighty-first Congress (20 U.S.C. 643(a)); 
(4) Subsections (a) and (b) of section 1001 of the National 
Defense Education Act of 1958 (20 V.S.C. 581 (a), (b)); 
^2 stat. 1602. 
(5) Section 1203 of the Higher Education Act of 1965 (20 
U . S . C . 1143) ; _ 
^ 
_ 
79 Stat. 1270. 
(6) Subsections (a) and (b) of section 402 of the Higher Edu-
cation Facilities Act of 1963 (20 U.S.C. 752 (a), (b)); 
^7 stat. 377. 
(7) Subsection (b) of section 103 of the International Educa-
tion Act of 1966 (20 U.S.C. 1174(b)); and 
_ 
«° ^'"'- '''^^• 
(d) The following provisions of law concerning dissemination of 
R^p^ai-
information and reports by the Commissioner of Education are super-
seded by sections 412,413, and 414 of Public Law 90-247 and are hereby 
j ^ ^ " ' ' ' ' ^^- ^^^' 
repealed: 
(1) Section 518 of the Revised Statutes of the United States 
(20 U.S.C. 4); 
(2) The sixth paragraph under the heading "Department of 
Education" in the material relating to the Department of the In-
terior in the Act of May 28j 1896, making appropriations for the 
legislative, executive, and judicial expenses of the Government 
for the fiscal year ending June 30, 1897, and for other purposes, 
which authorizes the Commissioner of Education to prepare and 
publish a bulletin concerning the condition of education (20 
U . S . C . 3) • 
29 stat. 171. 
"(3) Section 303 of Public Law 90-576 (20 U.S.C. 6); 
_ 
82 stat. 1095. 
(4) Section 806 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 886); and 
JVl^'^r!.^^'^'' 
(5) Section 1206 of the Higher Education Act of 1965 (20 
' '' 
U . S . C . 1146).^ 
_ 
_ 
82 stat. 1050. 
(e) The following provisions of law concerning requirements for 
Repeal. 
rules and regulations for education programs are superseded by sec-
tion 421 of Public Law 90-247 and are hereby repealed: 
^"'e, p. i69. 
(1) Section 2 of Public Law 90-247 (20 U.S.C. 888); and 
si stat. 733. 
(2) Section 505 of Public Law 90-575 (20 U.S.C. 1001, note). 
^2 stat. 1063. 
(f) The following provisions of law concerning Federal control of 
Repeal. 
education are superseded by section 422 of Public Law 90-247 and are 
^"'^' P- i^^. 
hereby repealed: 
(1) Subsection (g) of section 6 and subsection (a) of section 
301 of the Act of September 30, 1950, Public Law 874, Eighty-
first Congress (20 U.S.C. 241 (g)_, 242 (a)); 
^ 
.olTi'iT 
(2) Section 102 of the National Defense Education Act of 
54 stat. 1107. 
1958 (20U.S.C. 402) ; 
72 stat. 1532. 
(3) Subsection (a) of section 12 of the Act of September 23, 
1950, Public Law 815, Eighty-first Congress (20 U.S.C. 642(a)) ; 
72 stat. 554. 
(4) Section 407 of the Higher Education Facilities Act of 1963 
(20 U.S.C. 757); 
_ 
77 stat. 379. 
(5) Section 804 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 884); 
79 stat. S7; 
(6) Subsection (a) of section 1204 of the Higher Education Act ^' ^'^'- ^^^• 
of 1965 (20U.S.C. 1144(a)); 
79 stat. 1270; 
\ 
/ / 7 
82 stat. 1042. 
47-348 O - 72 - 15 (Pt. 1) 
Ante, p. 126. 
72 Stat. 551, 
554. 
174 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
(7) Section 104 of the International Education Act of 1966 
80 Stat. 1068. 
(20 U.S.C. 1175); 
(8) Section 105 of the Vocational Education Act of 1963 (20 
82 Stat. 1069. 
U.S.C. 1245) . _ 
^^p^^^- 
(g) The following provisions of law concerning the payment of 
wages at prevailing rates on federally assisted construction projects 
Ante, p. 169. 
J^J.Q superseded by section 423 of Public Law 90-247 and are hereby 
repealed: 
(1) Section 145 of title I of the Elementary and Secondary 
Education Act of 1965, as redesignated by this Act (20 U.S.C. 
241i) ; 
(2) Subsection (c) of section 4 of the Act of July 26, 1954, 
79 Stat. 46. 
Public Law 531, Eighty-third Congress (20 U.S.C. 332a(c)); 
(3) Subsection (a) (4) of section 203 of the Library Services 
and Construction Act (20 U.S.C. 355c(a)(4)), and subsection 
78 Stat. 13. 
• (a^) (3^ of such section is amended by striking out the semicolon 
and the word "and" and at the end thereof inserting in lieu thereof 
a period; 
(4) Subsection (b)(1)(E) of section 6 and subsection (d) of 
section 12 of the Act of September 23, 1950, Public Law 815, 
Eighty-first Congress (20 U.S.C. 636(b) (1) (E), 642(d)); 
(5) Section 709 (as redesignated by section 152 of this Act) of 
the Elementary and Secondary Education Act of 1965 (20 U.S.C 
Ante, p. 151. 
880b-6) ; and 
(6) Section 106 of the Vocational Education Act of 1963 (20 
U.S.C. 1246). 
(h) The following provisions of law concerning advisory councils 
and committees are superseded by part C of title IV of Public Law 
90-247 and are hereby repealed: 
(1) Subsection (d) of section 761 and sections 1002 and 1003 
of the National Defense Education Act of 1958 (20 U.S.C. 561 (d), 
582, 583) ; 
_ 
(2) Subsection (c) of section 402 of the Higher Education 
Facilities Act of 1963 (20 U.S.C. 752(c)); 
(3) Subsections (c), (d),and (e) of section 510, subsection (c) 
of section 708, and section 802 of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 870 (c), (d), (e), 880b-5(c), 
882); 
(4) Subsections (d) and (e) of section 109, subsection (c) of 
section 205, subsection (c) of section 224, subsection (c) of section 
303, subsections (c) and (d) of section 469, subsections (d) and 
(e) of section 502, and subsections (c) and (d) of section 1205 
of the Higher Education Act of 1965 (20 U.S.C. 1009 (d), (e), 
1025(e), 1034(c), 1053(c), 1089(c), 1091a (d), (e), 1145 (c), 
(5) Subsections (c) and (d) of section 106 of the International 
Education Act of 1966 (20 U.S.C. 1177(c), ( d ) ) ; 
(6) Paragraph (3) of subsection (a) of section 104 of the Voca-
tional Education Act of 1963 (20 U.S.C. 1244(a) (3)). 
TITLE V—CANCELLATION OF STUDENT LOANS FOR 
CERTAIN PUBLIC SERVICE 
CANCELLATION OF LOANS FOR CERTAIN PUBLIC SERVICE 
SEC. 501. (a) Section 205(a)(3) of the National Defense Educa-
20 use 425. 
tion Act of 1958 is amended— 
(1) by striking out "made prior to Julj 1, 1970 (plus in-
terest)" and inserting in lieu thereof "(plus interest) (A)"; 
82 Stat. 
Repeal. 
Ante, p. 
72 
1602 
77 
79 
Stat. 
Stat. 
Stat. 
Ante, p. 
79 Stat. 
1069. 
170. 
1596, 
377. 
5 4 . 
151. 
5 7 ; 
SO Stat. 1204; 
81 Stat. 816. 
79 
1226 
82 
81 
82 
80 
82 
Stat. 1223, 
, 1228, 1230. 
Stat. 
Stat. 
Stat. 
Stat. 
Stat. 
1032. 
82. 
1049. 
1069. 
1066. 
Effective date. 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
175 
(2) thereafter by striking out "(A)'', "(B)"', or " ( p ) " wjier-
ever appearing therein and inserting in lieu thereof "(i)", "(ii)"? 
or " (iii)", respectively; and 
(3) by inserting before the semi-colon at the end thereof a 
comma and the following: "and (B) shall be canceled for serv-
ice after June 30, 1970, as a member of the Armed Forces of the 
TTnited States at the rate of 121/2 per centum of the total amount 
of such loan plus interest thereon for each year of consecutive 
service". 
(b) The amendment made by this section shall apply to loans 
made after the date of enactment of this Act. 
TITLE VI—EDUCATION OF THE HANDICAPPED 
PAKT A—GENERAL PROVISU)XS 
SHORT TITLE 
SEC. 601. This title may be cited as the "P^ducation of the Handi-
capped Act''. 
DEFINITION 
SEC. 602. As used in this title— 
(1) The term "handicapped children"' means mentally retarded, 
hard of hearing, deaf, speech impaired, visually handicapped, seriously 
emotionally disturl)ed, crippled, or other health impaired children 
who by reason thereof require special education and related services. 
(2) The term "Commissioner" means the Commissioner of Educa-
tion. 
(3) The term ''Advisory Committee" means the National Advisory 
Committee on Handicapped Children. 
(4) The term "construction", except where otherwise specified, 
means (A) erection of new or expansion of existing structures, and 
the acquisition and installation of equipment therefor; or (B) acquisi-
tion of existing structures not owned by any agency or institution mak-
ing application for assistance under this title; or (C) remodeling or 
alteration (including the acquisition, installation, modernization, or 
replacement of equipment) of existing structures; or (D) acquisition 
of land in connection with the activities in clauses (A), (B), and 
(C) ; or (E) a combination of any two or more of the foregoing. 
(5) The term "equipment" includes machinery, utilities, and built-
in equipment and any necessary enclosures or structures to house 
them, and includes all other items necessary for the functioning of a 
l)articular facility as a facility for the provision of educational serv-
ices, including items such as instructional equipment and necessary 
furniture, printed, published, and audio-visual instructional mate-
rials, and books, periodicals, documents, and other related materials. 
(6) The term "State" means each of the several States, the District 
of Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Virgin Islands and the Trust Territory of the Pacific 
Islands. 
(7) The term "State educational agency'" means the State board of 
education or other agency or officer primarily responsible for the 
State supervision of public elementary and secondary schools, or, if 
there is no such officer or agency, an officer or agency designated by 
the Governor or by State law. 
(8) The term "local educational agency"" means a public board of 
education or other public authority legally constituted within a State 
for either administrative control or direction of, or to perform a service 
function for, public elementary or secondary schools in a city, county, 
176 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
township, school district, or other political subdivision of a State, or 
such combination of school districts or counties as are recognized in 
a State as an administrative agency for its public elementary or sec-
ondary schools. Such term also includes any other public institution 
or agency having administrative control and direction of a public 
elementary or secondary school. 
(9) The term "elementary school" means a day or residential school 
which provides elementary education, as determined under State law. 
(10) The term "secondary school" means a day or residential school 
w^hich provides secondary education, as determined under State law, 
except that it does not include any education provided beyond grade 
12. 
(11) The term "institution of higher education" means an educa-
tional institution in any State which— 
(A) admits as regular students only individuals having a cer-
tificate of graduation from a high school, or the recognized 
equivalent of such a certificate; 
(B) is legally authorized within such State to provide a pro-
gram of education beyond high school; 
(C) j)rovides an educational program for which it awards a 
bachelor's degree, or provides not less than a two-year program 
which is acceptable for full credit toward such a degree, or offers 
a two-year program in engineering, mathematics, or the physical 
or biological sciences which is designed to prepare the student to 
work as a technician and at a semiprofessional level in engineer-
ing, scientific, or other technological fields which require the 
understanding and application of basic engineering, scientific, or 
mathematical principles or knowledge; 
(D) is a public or other nonprofit institution; and 
(E) is accredited by a nationally recognized accrediting agency 
or association listed by the Commissioner pursuant to this para-
graph or, if not so accredited, is an institution whose credits are 
accepted, on transfer, by not less than three institutions which are 
so accredited, for credit on the same basis as if transferred from 
an institution so accredited: Promded, however^ That in the case 
of an institution offering a two-year program in engineering-, 
mathematics, or the physical or biological sciences which is 
designed to prepare the student to work as a technician and at a 
semiprofessional level in engineerin}>:, scientific, or technological 
fields which require the understanding and api)lication of basic 
engineering, scientific, or mathematical principles or knowledge, if 
the Commissioner determines that there is no nationally recog-
nized accrediting agency or association qualified to accredit such 
institutions, he shall appoint an advisory committee, composed of 
persons specially qualified to evaluate training provided by sucli 
institutions, w^hich shall prescril>e the standards of content, scope, 
and quality which must be met in order to qualify such institu-
tions to participate under this Act and shall also determine 
List of 
whether particular institutions meet such standards. For the pur-
agencies?^ 
poses of this paragraph the Commissioner shall publish a list of 
publication. 
nationally recognized accrediting agencies or associations which 
he determines to be reliable authority as to tlie quality of educa-
tion or training offered. 
(12) The term "nonprofit" as ai)plied to a school, agency, organiza-
tion, or institution means a school, agency, organization, or institution 
owned and operated by one or more non))rofit corporations or asso-
ciations no part of the net earnings of which inures, or may lawfully 
inure, to the benefit of any private shareholder or indi\idual. 
(13) The term "research and related purposes" means research, 
research training (including the j^ayment of stipends and allowances), 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
177 
surveys, or demonstrations in the field of edncntion of liandicapped 
children, or the dissemination of information derived therefrom, 
including (but without limitation) experimental schools. 
(14) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare. 
(15) The term "children with specific learning disabilities" means 
those children who have a disorder in one or more of the basic psy-
chological processes involved in understanding or in using language, 
spoken or written, which disorder may manifest itself in imperfect 
ability to listen, think, speak, read, write, spell, or do mathematical 
calculations. Such disorders include such conditions as perceptual 
handicaps, brain injury, minimal brain dysfunction, dyslexia, and 
developmental aphasia. Such term does not include children who have 
Exceptions. 
learning problems which are primarily the result of visual, hearing, 
or motor handicaps, of mental retardation, of emotional disturbance, 
or of environmental disadvantage. 
Establishment. 
BUREAU FOR EDUCATION AND TRAINING OF THE HANDICAPPED 
SEC. H()3, There shall be, within the OiRce of LIducation, a bureau 
for the education and training of tlie handicapped which shall be 
the principal agency in the Office of Education for administering and 
carrying out programs and projects relating to the education and 
training of the handicapped, including i)r()grams and projects for 
the training of teachers of the hanclica])ped and for research in sr.ch 
education and training. 
NATIONAL ADVISORY C0MMI'1'TI:E ON HANDICAPPED CHILDREN 
SEC. 604. (a) The Commissioner shall establish in the Office of 
Establishment; 
Education a National Advisory (^onnnittee on Handicapped Children, ™^'"''^''®^^P-
consisting of fifteen members, aj)point'ed by the Connnissioner. At 
least eight of such members shall be persons affiliated with educational, 
training, or research programs for the handicapped. 
(b) The Advisory Committee shall review the administration and 
operation of the programs autliorized by this title and other provisions 
of law administered by the Commissioner with respect to handicapped 
children, including their effect in improving the educational attainment 
of such children, and make recommendations for the improve-
ment of such administration and operation with respect to such chil-
dren. Such recommendations shall take into consideration experience 
gained under this and other Federal programs for handicapped 
children and, to the extent appropriate, exi)erience gained under other 
public and private programs for handicapped children. The Advisory 
Committee shall from time to time make such recommendations as it 
may deem appropriate to the Commissioner and shall make an annual ^^l^^°l\^° 
report of its findings and recommendations to the Commissioner not 
°°° 
later than March 31 of each year. The Commissioner shall transmit 
each such report to the Secretary together with his comments and 
recommendations, and the Secretary shall transmit such report, com-
ments, and recommendations to the Congress together with any com-
ments or recommendations he may have with respect thereto. 
ACQUISITION or E Q I I P M E N T AND CONSTRX'CTION OF NECESSARY FACILITIES 
SEC. 605. (a) In the case of any program authorized by this title, 
if the Commissioner determines that such program will be iini)roved 
by permitting the funds authorized for such program to be used 
for the acquisition of equipment and the construction of necessary 
facilities, he may authonze the use of such funds for such purposes. 
Congress. 
178 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
(b) If within twenty years after the completion of any construction 
(except minor remodeling or alteration) for which funds have been 
paid pursuant to a grant or contract under this title the facility con-
structed ceases to be used for the purposes for which it w^as con-
structed, the United States, unless the Secretary determines that there 
is good cause for releasing the recipient of the funds from its obliga-
tion, shall be entitled to recover from the applicant or other owner of 
the facility an amount which bears the same ratio to the then value 
of the facility as the amount of such Federal funds bore to the cost 
of the portion of the facility financed with such funds. Such value 
shall be determined by agreement of the parties or by action brought 
in the United States district court for the district in which the facility 
is situated. 
PART B—ASSISTANCE TO STATES FOR EDUCATION or 
HANDICAPPED CHILDREN 
;. 
AUTHORIZATION 
.,.,.= 
.r.. 
. . . 
SEC. 611. (a) The Commissioner is authorized to make grants pur-
suant to the provisions of this part for the purpose of assisting the 
States in the initiation, expansion, and improvement of programs and 
projects for the education of handicapped children at the preschool, 
elementary school, and secondary school levels. 
Appropriations. 
^j^^ ^oY the puTpose of making grants under this part there is 
authorized to be appropriated $200,000,000 for the fiscal year ending 
June 30, 1971, $210,000,000 for the fiscal year ending June 30, 1972, 
and $220,000,000 for the fiscal year ending June 30, 1973. 
ALLOTMENT OF FUNDS 
SEC. 612. (a)(1) There is hereby authorized to be appropriated 
for each fiscal year for the purposes of this paragraph an amount 
equal to not more than 3 per centum of the amount appropriated for 
such year for payments to States under section 611(b). The Com-
missioner shall allot the amount appropriated pursuant to this para-
graph among— 
(A) Puerto Rico, Guam, American Samoa, the Virgin Islands, 
and the Trust Territory of the Pacific Islands, according to their 
respective needs, and 
(B) for each fiscal year ending prior to July 1,1972, the Secre-
tary of the Interior, according to the need for such assistance 
for the education of handicapped children on reservations serviced 
by elementary and secondary schools operated for Indian chil-
dren by the Department of the Interior and the terms upon which 
payments for such purposes shall be made to the Secretary of 
the Interior shall be determined pursuant to such criteria as the 
Commissioner determines will best carry out the purposes of this 
part. 
(2) From the total amount apj)ropriated pursuant to section 
611(b) for any fiscal year the Commissioner shall allot to each State 
an amount which bears the same ratio to such amount as the number 
of children aged three to twenty-one, inclusive, in the State bears to 
the number of such children in all the States, except that no State shall 
be allotted less than $200,000 or three-tenths of 1 iper centum of such 
amount available for allotment to the States, whichever is greater. 
"State." 
For purposes of this paragraph and subsection (b), the term "State" 
shall not include the Commonwealth of Puerto Rico, Guam, Amer-
ican Samoa, the Virgin Islands, or the Trust Territory of the 
Pacific Islands. 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
179 
(b) The number of children aged three to twenty-one, inclusive, in 
anj State and in all the States shall be determined, for purposes of 
this section, by the Commissioner on the basis of the most recent satis-
factory data available to him. 
(c) The amount of any State's allotment under subsection (a) for 
any fiscal year which the Commissioner determines will not be required 
for that year shall be available for reallotment, from time to time 
and on such dates during such year as the Commissioner may fix, 
to other States in proportion to the original allotments to such States 
under subsection (a) for that year, but with such proportionate 
amount for any of such other States being reduced to the extent it 
exceeds the sum the Commissioner estimates such State needs and will 
be able to use for such year; and the total of such reductions shall be 
similarly reallotted among the States whose proportionate amounts 
were not so reduced. Any amount reallotted to a State under this sub-
section during a year shall be deemed part of its allotment under 
subsection (a) for that year. 
STATE PLANS 
SEC. 613. (a) Any State which desires to receive grants under this 
part shall submit to the Commissioner through its State educational 
agency a State plan (not part of any other plan) in such detail as the 
Commissioner deems necessary. Such State plan shall— 
(1) set forth such policies and procedures as will provide satis-
factory assurance that funds paid to the State under this part will 
be expended (A) either directly or through individual, or com-
binations of, local educational agencies, solely to initiate, expand, 
or improve programs and projects, including preschool programs 
and projects, (i) which are designed to meet the special educa-
tional and related needs of handicapped children throughout the 
State, and (ii) which are of sufficient size, scope, and quality (tak-
ing into consideration the special educational needs of such chil-
dren) as to give reasonable promise of substantial progress toward 
meeting those needs, and (B) for the proper and efficient admin-
istration of the State plan (including State leadership activities 
and consultative services), and for planning on the State and local 
level: Provided^ That the amount expended for such administra-
tion and planning shall not exceed 5 per centum of the amount 
allotted to the State for any fiscal year or $100,000 ($35,000 in the 
case of the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Virgin Islands, and the Trust Territory of the Pacific 
Islands), whichever is greater; 
(2) provide satisfactory assurance that, to the extent consistent 
with the number and location of handicapped children in the State 
who are enrolled in private elementary and secondary schools, pro-
vision will be made for participation of such children in programs 
assisted or carried out under this part; 
(3) provide satisfactory assurance that the control of funds 
provided under this part, and title to property derived therefrom, 
shall be in a public agency for the uses and purposes provided in 
this part, and that a public agency will administer such funds and 
property ; 
(4) set forth policies and procedures which provide satisfactory 
assurance that Federal funds made available under this part will 
be so used as to supplement and, to the extent practical, increase 
the level of State, local, and private funds expended for the edu-
cation of handicapped children, and in no case supplant such 
State, local and private funds; 
Grants, re-
quirements. 
Administrative 
costs, limita-
tion. 
180 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
Reports; 
recordkeeping. 
Ante, p. 123. 
Final 
approval, 
conditions. 
Hearing 
opportunity. 
Failure to 
comply. 
(5) provide that effective procedures, including provision for 
appropriate objective measurements of educational achievement, 
will be adopted for evaluating at least annually the effectiveness 
of the programs in meeting the special educational needs of, and 
providing related services for, handicapped children; 
(6) provide that the State educational agency will be the sole 
agency for administering or supervising the administration of 
the plan; 
(7) provide for (A) making such reports, in such form and 
containing such information, as the Commissioner may require 
to carry out his functions under this part, including reports of 
the objective measurements required by clause (5) of this sub-
section, and (B) keeping such records and for affording such 
access thereto as the Commissioner may find necessary to assure 
the correctness and verification of such reports and proper dis-
bursement of Federal funds under this part; 
(8) provide satisfactory assurance that such fiscal control and 
fund accounting procedures will be adopted as may be necessary 
to assure proper disbursement of, and accounting for. Federal 
funds paid under this part to the State, including any such funds 
paid by the State to local educational agencies; 
(9) provide satisfactory assurance that funds paid to the State 
under this part shall not be made available for handicapped chil-
dren eligible for assistance under section 103(a)(5) of title I 
of the Elementary and Secondary Education Act of 1965; 
(10) provide satisfactory assurance that effective procedures 
will be adopted for acquiring and disseminating to teachers of, 
and administrators of programs for, handicapped children signif-
icant information derived from educational research, demonstra-
tion, and similar projects, and for adopting, where appropriate, 
promising educational practices developed through such projects; 
and 
(11) contain a statement of policies and procedures which will 
be designed to insure that all education programs for the handi-
capped in the State will be properly coordinated by the persons 
in charge of special education programs for handicapped children 
in the State educational agency. 
(b) The Commissioner shall approve any State plan which he deter-
mines meets the requirements and purposes of this part. 
(c) (1) The Commissioner shall not approve any State plan pur-
suant to this section for any fiscal year unless the plan has, prior to its 
submission, been made public as a separate document by the State 
educational agency and a reasonable opportunity has been given by 
that agency for comment thereon by interested persons (as defined 
by regulation). The State educational agency shall make public the 
plan as finally approved. The Commissioner shall not finally disap-
prove any plan submitted under this section or any modification 
thereof, without first affording the State educational agency sub-
mitting the plan reasonable notice and opportunity for a hearing. 
(2) Whenever the Commissioner, after reasonable notice and oppor-
tunity for hearing to such State agency, finds— 
(A) that the State plan has been so changed that it no longer 
complies with the provisions of this part, or 
(B) that in the administration of the plan there is a failure to 
comply substantially with any such provision or with any require-
ments set forth in the application of a local educational agency 
approved pursuant to such plan, 
the Commissioner shall notify the agency that further payments will 
not be made to the State under this part (or in his discretion, that fur-
84 STAT. ] 
PUBLIC LAW 91-230-APR, 13, 1970 
181 
ther payments to the State will he limited to programs or projects 
under the State plan, or portions thereof, not affected by the failure, 
or that the State educational agency shall not make further payments 
under this part to specified local agencies alfected to the failure) until 
he is satisfied that there is no longer any such failure to comply. Until 
he is so satisfied, the Commissioner shall make no further payments 
to the State under this part (or sliall limit payments to programs or 
projects under, or parts of, the State plan not affected by the failure, 
or payments by the State educational agency under this part shall be 
limited to local educational agencies not affected by the failure, as 
the case may be). 
(d)(1) If any State is dissatisfied with the (\mnnissioner"s final 
action with respect to the approval of its State plan submitted under 
subsection (a) or with his final action under subsection (c), such State 
may, within sixty days after notice of such action, file with the Ignited 
States court of appeals for the circuit in which such State is located a 
petition for review of that action. A copy of the petition shall be forth-
with transmitted by the clerk of the court to the Commissioner. The 
Connnissioner thereui)on shall file in the court the record of the pro-
ceedings on which he based his action, as provided in section '2112 of 
title 28, United States Code. 
(2) The findings of fact by the Conmiissioner, if sui)ported by sub-
stantial evidence, shall be conclusi^•e; but the court, for good cause 
shown, may remand the case to the Commissioner to take further evi-
dence, and the (^onnnissioner may thereupon make new or modified 
findings of fact and may modify his previous action, and shall certify 
to the court tlie record of tlie further i)roceedings. Such new or modi-
fied findings of fact shall likewise be conclusive if supported by sub-
stantial evidence. 
(3) The court shall have jurisdiction to affirm the action of the Com-
missioner or to set it aside, in whole or in part. The judgment of the 
court shall be subject to review by the Supreme (\)urt of the United 
States u])on certiorari or certification as provided in section 1254 of 
title 28, United States Code. 
TAYMKNTS 
SKC. 614. From the amoinits allotted to each State under this i)art, 
the (\)nnnissioner shall j^ay to that State an amount equal to the 
amount ex])ended by the State in carrying out its State plan. 
PAH'I' C — C E X T K H S AND SKUVH'KS To 
MKKT SI'KCIAI. NKKDS OF 'JIIK 
HANOKAPPKI) 
Judicial review. 
72 Stat. 941. 
62 Stat. 928. 
Matching funds. 
RKiUONAL UESOIHCK ("KNTKHS 
SEC. 621, (a) The Commissioner is authorized to make grants to 
or contracts with institutions of higher education. State educational 
agencies, or combinations of such agencies or institutions, which com-
binations may include one or more local educational agencies, within 
l)articular regions of the United States, to pay all or part of the cost 
of the establishment and oi)eration of regional centers which will 
develoj) and a])])ly the best methods of appraising the special educa-
tional needs of handicapped children referred to them and will 
provide other services to assist in meeting such needs. Centers estab-
lished or o])erated under this section shall (1) provide testing and 
educational evaluation to determine the special educational needs of 
handicapped children referred to such centers, (2) develop educational 
programs to meet those needs, and (3) assist schools and other appro-
|)riate agencies, organizations, and institutions in providing such edu-
cational i)rograms through services svich as consultation (including, 
Establishment; 
functions. 
182 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
ill appropriate cases, consultation with parents or teachers of handi-
capped children at such regional centers), periodic reexamination and 
reevaluation of special educational programs, and other technical 
services. 
(b) In determining whether to approve an application for a proj-
ect under this section, the Commissioner shall consider the need for 
such a center in the region to be served by the applicant and the 
capability of the applicant to develop and apply, with the assistance 
of funds under this section, new methods, techniques, devices, or 
facilities relating to educational evaluation or education of handi-
capped children. 
CENTERS AND SERVICES FOR DEAF-BLIND CHILDREN 
SEC. 622. (a) It is the purpose of this section to provide, through 
a limited number of model centers for deaf-blind children, a program 
designed to develop and bring to bear upon such children, beginning as 
early as feasible in life, those specialized, intensive professional and 
allied services, methods, and aids that are found to be most effective 
to enable them to achieve their full potential for commmiication with, 
and adjustment to, the world around them, for useful and meaningful 
participation in society, and for self-fulfillment. 
(b) The Commissioner is authorized, upon such terms and condi-
tions (subject to the provisions of subsection (b) (1) of this section) 
as he deems appropriate to carry out the purposes of this section, to 
make grants to or contracts with public or nonprofit private agencies, 
organizations, or institutions to pay all or part of the cost of establish-
ment, including construction, which for the purposes of this section 
shall include the construction of residential facilities, and operation of 
centers for deaf-blind children, 
(c) In determining whether to make a grant or contract under sub-
section (b), the Commissioner shall take into consideration the need 
for a center for deaf-blind children in the light of the general avail-
ability and quality of existing services for such children in the part 
of the country involved. 
(d)(1) A grant or contract pursuant to subsection (b) shall be 
made only if the Commissioner determines that there is satisfactory 
assurance that the center will provide such services as he has by reg-
ulation prescribed, including at least.— 
(A) comprehensive diagnostic and evaluative services for deaf-
blind children; 
(B) a program for tlie adjustment, orientation, and education 
of deaf-blind children which integrates all the professional and 
allied services necessary therefor; and 
(C) effective consultative services for parents, teachers, and 
others who play a direct role in the lives of deaf-blind children 
to enable them to understand the special problems of such children 
and to assist in the process of their adjustment, orientation, and 
education. 
(2) Any such services may be provided to deaf-blind children (and, 
where applicable, other persons) regardless of whether they reside in 
the center, may be provided at some place other than the center, and 
may include the provision of transportation for any such children 
(including an attendant) and for parents. 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
183 
EARIA' EDUCATION FOR HAXDICAPPED CIIILDKEX 
SEC. 623. (a) The Commissioner is authorized to arrange by con-
tract, grant, or otherwise with appropriate public agencies and pri-
vate nonprofit organizations, for the development and carrying out 
by such agencies and organizations of experimental preschool and 
early education programs for handicapped children which the Com-
missioner determines show promise of promoting a comprehensive and 
strengthened approach to the special problems of such children. Such 
programs shall be distributed to the greatest extent possible through-
out the Nation, and shall be carried out both in urban and in rural 
areas. Such programs shall include activities and services designed to 
(1) facilitate the intellectual, emotional, physical, mental, social, and 
language development of such children; (2) encourage the participa-
tion of the parents of such children in the development and operation 
of any such program; and (3) acquaint the community to be served 
by any such program with the problems and potentialities of such 
children. 
(b) Each arrangement for developing or carrying out a program 
authorized by this section shall provide for the effective coordination 
of each such program with similar programs in the schools of the 
community to be served by such a program. 
(c) No arrangement pursuant to this section shall provide for the j^J^""'^^' "'"'^^^ 
payment of more than 90 per centum of the cost of developing, carry-
ing out, or evaluating such a program. Non-Federal contributions may 
be in cash or in kind, fairly evaluated, including, but not limited to, 
j)lant, equipment, and services. 
RESEARCH, INNOVATION, TRAINING, AND DISSEMINATION ACTIVITIES 
I N 
C O N N E t n i O N W a T H CENTERS AND SERVICES TOR T H E 
HANDICAPPED 
SEC. 624. (a) The Commissioner is authorized, either as part of any 
grant or contract under this part, or by separate grant to, or con-
tract with, an agency, organization, or institution operating a center or 
providing a service which meets such requirements as the Commis-
sioner determines to be appropriate, consistent with the purposes of 
this part, to pay all or part of the cost of such activities as— 
(1) research to identify and meet the full range of special needs 
of handicapped children; 
(2) development or demonstration of new, or improvements in 
existing, methods, approaches, or techniques, which would con-
tribute to the adjustment and education of such children; 
(3) training (either directly or otherwise) of professional and 
allied personnel engaged or preparing to engage in programs 
specifically designed for such children, including payment of 
stipends for trainees and allowances for travel and other expenses 
for them and their dependents; and 
(4) dissemination of materials and information about practices 
found effective in working with such children. 
(b) In making grants and contracts under this section, the Commis-
sioner shall insure that the activities funded under such grants and 
contracts will be coordinated with similar activities funded from 
grants and contracts under other parts of tliis title. 
EVALUATIONS 
SEC. 625. The Commissioner shall conduct, either directly or by 
contract with independent organizations, a thorough and continuing 
evaluation of the effectiveness of each program assisted under this 
part. 
184 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 626. There are hereby authorized to be appropriated $36,500,000 
for the fiscal year ending June 30, 1971, $51,500,000 for tlie fiscal year 
ending June 30, 1972, and $66,500,000 for the fiscal year ending June 
30, 1973, for the purpose of carrying out the provisions of this part. 
PART D—TRAINING PERSONNEL FOR THE EDUCATION OF THE 
HANDICAPPED 
GRANTS TO INSTITUTIONS OF HIGHER EDUCATION AND OTHER APPROPRIATE 
INSTITUTIONS OR AGENCIES 
SEC. 631. The Commissioner is authorized to make grants to institu-
tions of higher education and other appropriate nonprofit institutions 
or agencies to assist them— 
(1) in providing training of professional personnel to conduct 
training of teachers and other specialists in fields related to the 
education of handicapped children; 
(2) in providing training for personnel engaged or preparing 
to engage in employment as teachers of handicapped children, 
as supervisors of sucn teachers, or as speech correctionists or other 
special personnel providing special services for the education of 
such children, or engaged or preparing to engage in research in 
fields related to the education of such children; and 
(3) in establishing and maintaining scholarships, with such 
stipends and allowances as may be determined by the Commis-
sioner, for training personnel engaged in or preparing to engage 
in employment as teachers of the handicapped or as related 
specialists. 
Grants under this subsection may be used by such institutions to assist 
in covering the cost of courses of training or study for such personnel 
and for establishing and maintaining fellowships or traineeships with 
such stipends and allowances as may be determined by the Commis-
sioner. 
GRANTS TO STATE EDUCATIONAL AGENCIES 
SEC. 632. The Commissioner is authorized to make grants to State 
educational agencies to assist them in establishing and maintaining, 
directly or through grants to institutions of higher education, programs 
for training personnel engaged, or preparing to engage, in employment 
as teachers of handicapped children or as supervisors of such teachers. 
Such grants shall also be available to assist such institutions in meeting 
the cost of training such personnel. 
GRANTS OR CONTRACTS TO IMPROVE RECRUITING OF EDUCATIONAL PERSON-
NEL, AND TO IMPROVE DISSEMINATION OF INFORMATION CONCERNING 
EDUCATIONAL OPPORTUNITIES FOR THE HANDICAPPED 
SEC. 633. The Commissioner is authorized to make grants to public 
or nonprofit private agencies, organizations, or institutions, or to enter 
into contracts with public or private agencies, organizations, or institu-
tions, for projects for— 
(1) encouraging students and professional personnel to work in 
various fields of education of handicapped children and youth 
through, among other ways, developing and distributing imagina-
tive or innovative materials to assist in recruiting personnel for 
such careers, or publicizing existing forms of financial aid which 
might enable students to pursue such careers, or 
(2) disseminating information about the programs, services, 
and resources for the education of handicapped children, or pro-
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
185 
vidino- referral services to i)arents, teacliers, and other j)ersons 
especially interested in the handicapped. 
'I'lUlNIXG OK rilYSICAT.^ EDUCATOKS AXD KECREATIOX I'EUSOXXEL ?X)K 
IIAXDICAIM'EI) CHILDKEX 
SEC. 634. The Commissioner is authorized to make jrrants to insti-
tutions of higher education to assist them in providing training for 
])ersonnel engaged or preparing to engage in eniploynient as physical 
educators or recreation personnel for handicapped children or as edu-
cators or supervisors of such personnel, or engaged or preparing to 
engage in research or teaching in fields related to the physical educa-
tion or recreation of such children. 
REPORTS 
SEC. 635. Each recipient of a grant under this part during any fiscal 
year shall, after the end of such fiscal year, submit a re})ort to the 
Commissioner. Such rei)ort shall he in such form and detail and con-
tain such information as the Commissioner determines to be appro-
priate. 
AUTIIORIZATIOX OF AI'PROriUATlOXS 
SEC. 636. There are authorized to \ye appropriated for carrying out 
this part, $69,500,000 for the fiscal year ending June 30, 1971, 
$87,000,000 for the fiscal year ending June 30, 1972, and $103,500,000 
for the fiscal year ending «Tune 30, 1973. 
PART 
E—RESEARCH 
IX 
THE 
EDICATIOX 
OF 
THE 
HAXDICAPPED 
RESEARCH AXD DEMOXSTRATIOX P]{OJECTS IX EOICATIOX OF HAXDICAL'PED 
CHILDREX 
SEC. 641. The (V)nnnissioner is authorized to nnike grants to States, 
State or local educational agencies, institutions of higher education, 
and other public or nonprofit private educational or research agencies 
and organizations, and to make contracts Avith States, State or local 
educational agencies, institutions of higher education, and other public 
or private educational or research agencies and organizations, for 
research and related purposes and to conduct research, surveys, or 
demonstrations, relating to education of handicapped children. 
RESEARCH AXD DEMOXSTRATIOX PROJECTS IX PHYSICAL EDUCATIOX AXD 
RECREATIOX FOR HAXDICAPPED CHILDREX 
SE(\ 642. The Connnissioner is authorized to make grants to States. 
State or local educational agencies, institutions of higher education, 
and other public or nonprofit i)rivate educational or research agencies 
and organizations, and to make contracts with States, State or local 
educational agencies, institutions of higher education, and other public 
or i)ri\ate educational or research agencies and organizations, for 
research and related purposes relating to physical education or recrea-
tion for handicapped children, and to conduct researcli, surveys, or 
demonstrations relating to physical education or recreation for handi-
capped children. 
PAX ELS OF EXPERTS 
SEC. 643. The Commissioner shall from time to time appoint panels 
Evaluation prior 
of experts who are competent to evaluate various types of research or *° ^'•^"'' 
186 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
demonstration projects under this part, and sliall secure the advice 
and recommendations of one such panel before making any grant 
under this part, 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 644. There 
are 
hereby 
authorized 
to 
be 
appropriated 
$27,000,000 for the fiscal year ending June 30,1971, $35,500,000 for the 
fiscal year ending June 30, 1972, and $45,000,000 for the fiscal year 
ending June 30, 1973, for carrying out the provisions of this part. 
PART F—INSTRUCTIONAL MEDIA FOR THE HANDICAPPED 
PURPOSE 
SEC. 651. (a) The purposes of this part are to promote— 
(1) the general welfare of deaf persons by (A) bringing to such 
persons understanding and appreciation of those films which play 
such an impoitant part in the general and cultural advancement 
of hearing persons, (B) providing through these films enriched 
educational and cultural experiences through which deaf persons 
can be brought into better touch with the realities of their envi-
ronment, and (C) providing a wholesome and rewarding experi-
ence which deaf persons may share together; and 
(2) the educational advancement of handicapped persons by 
(A) carrying on research in the use of educational media for the 
handicapped, (B) producing and distributing educational media 
for the use of handicapped persons, their parents, their actual or 
potential employers, and other persons directly involved in work 
for the advancement of the handicapped, and (C) training per-
sons in the use of educational media for the instruction of the 
handicapped, 
CAPTIONED FILMS AND EDUCATIONAL MEDIA FOR HANDICAPPED PERSONS 
Loan service, 
SEC. 652. (a) The Commissiouer shall establish a loan service of 
captioned films and educational media for the purpose of making such 
materials available in the United States for nonprofit purposes to 
handicapped persons, parents of handicapped persons, and other per-
sons directly involved in activities for the advancement of the handi-
capped in accordance with regulations, 
(b) The Commissioner is authorized to— 
(1) acquire films (or rights thereto) and other educational 
media by purchase, lease, or gift; 
(2) acquire by lease or purchased equipment necessary to the 
administration of this part; 
(3) provide for the captioning of films; 
(4) provide for the distribution of captioned films and other 
educational media and equipment through State schools for the 
handicapped and such other agencies as the Commissioner may 
deem appropriate to serve as local or regional centers for such 
distribution; 
(5) provide for the conduct of research in the use of educational 
and training films and other educational media for the handi-
capped, for the production and distribution of educational and 
training films and other educational media for the handicapped 
and the training of persons in the use of such films and media, 
including the payment to those persons of such stipends (including 
allowances for travel and other expenses of such persons and their 
dependents) as he may determine, which shall be consistent with 
prevailing practices under comparable 
federally 
supported 
programs; 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
187 
(6) utilize the facilities and services of other governmental 
agencies; and 
(7) accept gifts, contributions, and voluntary and uncompen-
sated services of individuals and organizations. 
NATIONAL CENTER ON EDUCATIONAL MEDIA AND MATERIALS FOR T H E 
HANDICAPPED 
SEC. 653. (a) The Secretary is authorized to enter into an agree-
ment with an institution of higher education for the establishment 
and operation of a National Center on Educational Media and 
Materials for the Handicapped, which will provide a comprehensive 
program of activities to facilitate the use of new educational tech-
nology in education programs for handicapped persons, including 
designing and developing, and adapting instructional materials, and 
such other activities consistent with the purposes of this part as the 
Secretary may prescribe in the agreement. Such agreement shall— 
(1) provide that Federal funds paid to the Center will be used 
solely for such purposes as are set forth in the agreement; 
-di 
(2) authorize the Center, subject to the Secretary's prior 
approval, to contract with public and private agencies and orga-
nizations for demonstration projects; and 
(3) provide for an annual report on the activities of the Center 
which will be transmitted to the Congress, 
(b) In considering proposals from institutions of higher education 
to enter into an agreement under this subsection, the Secretary shall 
give preference to institutions— 
(1) which have demonstrated the capabilities necessary for the 
development and evaluation of educational media for the handi-
capped ; and 
(2) which can serve the educational technology needs of the 
Model High School for the Deaf (established under Public Law 
89-694). 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 654. For the purpose of carrying out this part, there are hereby 
authorized to be appropriated not to exceed $12,500,000 for the fiscal 
year ending June 30,1971, $15,000,000 for the fiscal year ending June 
30,1972, and $20,000,000 for the fiscal year ending JuHe 30, 1973, and 
each succeeding fiscal year thereafter. 
. 
PART G—SPECIAL PROGRAMS FOR CHILDREN W I T H SPECIFIC 
LEARNING DISABILITIES 
Establishment. 
Report to 
Congress. 
80 Stat. 1027. 
D.C. Code al-
ios 1 note. 
'••' 
• ' 
' 
RESEARCH, TRAINING, AND MODEL CENTERS 
SEC. 661. (a) The Commissioner is authorized to make grants to, 
and contracts with, institutions of higher education. State and local 
educational agencies, and other public and private educational and 
research agencies and organizations (except that no grant shall be 
made other than to a nonprofit agency or organization) in order to 
carry out a program of— 
(1) research and related purposes relating to the education of 
children with specific learning disabilities; 
(2) professional or advanced training for educational per-
sonnel who are teaching, or are preparing to be teachers of, chil-
dren with specific learning disabilities, or such training for per-
sons who are, or are preparing to be, supervisors and teachers of 
such personnel; and 
188 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
Appropriations. 
Effective 
date. 
79 Stat. 983. 
42 u s e 2491-
2494. 
72 Stat. 1777. 
20 u s e 611-
617. 
80 Stat. 1204; 
81 Stat. 800, 813. 
20 u s e 87 1-
880a. 
77 Stat. 29 4. 
20 u s e 611-
618, 676. 
81 Stat. 530. 
42 u s e 2698 et 
seq. 
8 2 Stat. 901. 
20 u s e 621-
624. 
82 Stat. 1065. 
20 u s e 1242. 
(3) establishing and operating model centers for tlie improve-
ment of education of children with specific learning disabilities, 
which centers shall (A) provide testing and educational evalua-
tion to identify children with learning disabilities who have been 
referred to such centers, (B) develop and conduct model pro-
grams designed to meet the special educational needs of such 
children, (C) assist appropriate educational agencies, organiza-
tions, and institutions in making such model programs available 
to other children with learning disabilities, and (D) disseminate 
new methods or techniques for overcoming learning disabilities 
to educational institutions, organizations, and agencies within the 
the area served by such center and evaluate the effectiveness of 
the dissemination process. Such evaluation shall be conducted 
annually after the first year of operation of a center. 
In making grants and contracts under this section the Commissioner 
sliall give special consideration to applications which propose innova-
tive and creative approaches to meeting the educational needs of 
children with specific learning disabilities, and those which emphasize 
the i)revention and early identification of learning disabilities. 
(b) In making grants and controls under this section, the Com-
missioner shall— 
(1) for the purposes of clause (2) of subsection (a), seek to 
achieve an equitable geographical distribution of training pro-
grams and trained personnel throughout the Nation, and 
(2) for the purposes of clause (3) of subsection (a), to tlie 
extent feasible, taking into consideration the appropriations pur-
suant to this section, seek to encourage the establishment of a 
model center in each of the States. 
(c) For the purpose of making grants and contracts under this sec-
tion there are hereby authorized to be appropriated $12,000,000 for the 
fiscal year ending June 30,1970, $20,000,000 for the fiscal year ending 
June 30, 1971, and $31,000,000 for each of the succeeding fiscal years 
ending prior to July 1,1973. 
REPEALER 
SEC. 662. Effective July 1, 1971, the following provisions of law are 
repealed: 
(1) That part of section 1 of the Act of September 2, 1958 
(Public Law 85-905), which follows the enacting clause and sec-
tions 2,3, and 4 of such Act; 
(2) The Act of September 6,1958 (Public Law 85-926) ; _ 
(3) Title VI of the Element^ary and Secondary Education Act 
of 1965 (Public Law 89-10); 
(4) Titles I I I and V of the Act of October 31, 1963 (Public 
Law 88-164); and 
(5) The Act of Septeml)er 30, 1968 (Public Law 90-538). 
TITLE VII—VO(\^TIONAL EDUCATION 
EXTENSION o r PROGRAM OK GRANTS FOR SPECIAE PROGRAMS FOR 
DISADVANTAGED STI^DENTS 
SEC. 701. Section 102(b) of the Vocational Education Act of 1963 
is amended by inserting after "1970," the following: "$50,000,000 for 
the fiscal year ending June 30. 11)71, and $60,000,000 for the fiscal year 
ending June 30,1972,". 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
189 
I'ECHXICAL 
AMENDMENT 
82 Staf. 1065. 
20 u s e 1243. 
20 u s e 1244. 
20 u s e 1322. 
SEC. "02. Section 103(a) (2) (D) of the Vocational Education Act 
of 1963 is aaiiended by striking out "5 per centum" and inserting in 
lieu thereof "15 per centum". 
CLARIFYING AMENDMENT W I T H RESPECT TO STATE ADVISORY COUNCILS 
SEC. 703. Section 104(b)(1) of the Vocational Education Act of 
1963 is amended by inserting after "State board are elected" the fol-
lowing :" (including election by the State legislature)". 
EXTENSION OF AUTHORITY FOR RESIDENTIAL 
FACILITIES 
SEC. 704. (a) Section 152(a)(1) of the Vocational Education 
Act of 1963 is amended by striking out "$15,000,000 for the fiscal year 
ending June 30, 1970" and inserting in lieu thereof "for each of tlie 
succeeding fiscal years ending prior to July 1,1972". 
(b) Section 153(d)(2) of such Act is amended by striking out 
20 use 1323. 
"1969" and inserting in lieu thereof "1970, and on July 1, 1971". 
PROMOTION OF KNOWLEDGE OF NUTRITION 
SEC. 705. Section 161(b) of the Vocational Education Act of 1963 
20 use 1341. 
is amended by adding after "consumer education programs," the fol-
lowing : "including promotion of nutritional knowledge and food use 
and the understanding of the economic aspects of food use and 
j)urchase,". 
EXTENSION OF AVORK-STUDY 
P K ( ) ( ; R A M S 
SEC. 706. (a) Section 181(a) of the Vocational Education Act of 
1963 is amended by inserting after "1970" a comma and the following: 
20 use 1371. 
';$45,000,000 for the fiscal year ending June 30, 1971, and $55,000,000 
for the fiscal year ending June 30,1972,". 
(b) Section 183 (a) of such Act is amended by striking out "the fiscal 20 use 1373. 
vear ending June 30,1970" and inserting in lieu thereof "any succeed-
ing fiscal year". 
EXTENSION OF CURRICULUM DEVELOPMENT PROGRAM 
SEC. 707. Section 191(b) of the Vocational Education Act of 1963 
20 use 1391. 
is amended by striking out "the fiscal year ending June 30, 1970" and 
inserting in lieu thereof "each of the succeeding fiscal years ending 
prior to July 1,1972". 
EXTENSION OF PART F OF T H E EDUCATION PROFESSIONS DEVELOPMENT .\CT 
20 u s e 1119C-4. 
SEC. 708. Section 555 of the Education Professions Development 
Act (title V of the Higher Education Act of 1965) is amended by strik- 
82 sta^ 1094-
ing out "and" where it appears after "1969," and by inserting before 
" '"^^ 
'" 
the period at the end thereof a comma and the following: "the sum of 
$40,000,000 for the fiscal year ending June 30, 1971, and the sum of 
$45,000,000 for the fiscal year ending June 30, 1972". 
TE(: 11NICAL AMENDMENT 
SEC. 709. Section 104 of the Vocational Education Amendments of 
1968 is amended by striking out "this Act" and inserting in lieu thereof 
"the Vocational Education Act of 1963". 
20 u s e 11 note. 
47-348 O - 72 - 16 (Pt. 1) 
190 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
TITLE VIII—MISCELLANEOITS 
WAIVER OF MATCHING 
M : Q U I K E M E N T I N T H E IJPWAKI) BOUND I'ROCJRAM 
82 Stat. 1018. 
SEC. 801. Section 408(c) (1) of the Hii^her P:ducation Act of 1965 
20 use* 106R 
• 
. 
. 
^ ' ^ ' 
. 
® 
• 
IS airiended by inserting after tlie third sentence thereof the following: 
"The Commissioner may,howexer, approve assistance in excess of such 
percentage if he determines, in accordance with regulations establish-
ing objective criteria, that such action is required in furtherance of 
the purposes of this section. Non-Federal contributions may be in cash 
or in kind, fairly evaluated, including but not limited to plant, equip-
ment, or services." 
EXTENSION OF AUTHORIZATION FOR ADVISORY COUNCIL UNDER EDUCATION 
PROFESSIONS DEVEEOFMENT ACT 
SEC. 802. Section 502(f) of the Education Professions Develop-
81 Stat. 82. 
ment Act (title V of the Higher Education Act of 1965) is amended by 
20 use 1091a. 
gfj.Ji^ij^^ out "two"' and inserting in lieu thereof "three". 
TEACHER CORPS ASSISTANCE FOR INDIAN 
CHILDREN 
SEC. 803. The first sentence of section 513(c)(2) of the Higher 
81 Stat. 86. 
Education Act of 1965 is amended to read as follows: "Not to exceed 
20 use 110'^ 
3 per centum of the number of members of the Teaclier (^orps who are 
available shall be allocated to Puerto Rico and the Virgin Islands and 
not to exceed 5 per centum of such members shall be allocated to the 
elementary and secondary schools operated for Indian children by the 
Department of Interior, according to their respective needs." 
STUDENT TEACHER CORPS 
SEC. 804. (a) It is the purpose of this section to encourage high 
school and college students, parents, and other community residents 
to volunteer for service on a part-time or full-time basis as tutors or 
instructional assistants for children in disadvantaged areas and to pro-
vide support by the Teacher Corps of volunteer programs to be carried 
out by State and local educational agencies and institutions of higher 
education. 
79 Stat. 1255. 
(b)(1) Sectiou 511(a) of the Higher Education Act of 1965 is 
20 use 11 1. 
amended by deleting the word "and" at the end of paragraph (1), by 
deleting the period at the end of paragraph (2) and inserting in lieu 
thereof a semicolon and the word "and", and by inserting after para-
graph (2) the following new paragraph: 
"(3) attracting volunteers to serve as part-time tutors or full-
time instructional assistants in programs carried out by local edu-
cational agencies and institutions of higher education serving 
such areas." 
81 Stat. 85; 
(2) Section 511(b) of such Act is amended by striking out 
^^o'use^Tio'i 
"$56,000,000 for each of the succeeding fiscal years ending prior to 
July 1, 1971" and inserting in lieu thereof "$80,000,000 for the fiscal 
year ending June 30, 1970, and $100,000,000 for the fiscal year ending 
June 30,1971". 
!i stau 85^^ 
(c) Paragraph (1) of section 513(a) of such Act is amended by 
" """ ' 
inserting before the semicolon at the end thereof a comma and the 
following: "and, for such periods as the Commissioner may prescribe 
by regulation, persons who volunteer to serve as part-time tutors or 
full-time instructional assistants". 
20 u s e 1103. 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
191 
81 Stat. 85. 
20 u s e 1103. 
Contract 
authority. 
(d) Section 513(a) of such Act is further amended by redesignat-
ing paragraphs (5), (6), and (7) as paragraphs (6), (7), and (8), 
respectively, and by inserting after paragraph (4) the following new 
paragraph: 
"(5) enter into contracts or other arrangements with local edu-
cational agencies or institutions of higher education, upon 
approval hy the appropriate State educational agency, under 
which provisions (including payment of the cost of such arrange-
ments) will be made (A) to carry out programs serving disad-
vantaged areas in which volunteers (including high school and 
college students) serve as part-time tutors or full-time instruc-
tional assistants in teams with other Teacher Corps members, 
under the guidance of experienced teachers, but not in excess of 
90 per centum of the cost of compensation for such tutors and 
instructional assistants may be paid from Federal funds, and (B) 
, to provide appropriate training to prepare tutors and instructional 
assistants for service in such programs;". 
(e) Section 514(a) of such Act is amended— 
8/stat^'86^^^^ 
(1) by inserting after "paragraph (3) of section 513(a)" a 
20 use 1104. 
comma and the following: "or an arrangement with a local edu-
cational agency or institvition of higher education pursuant to 
paragraph (5) of section 513(a),"; 
supra. 
(2) by striking out in paragraph (2) "is equal to" and inserting 
in lieu thereof "does not exceed", and by striking out "$75 per 
week" in such paragraph and inserting m lieu thereof "$90 per 
week"; and 
(3) by deleting the word "and" at the end of paragraph (1), 
by deleting the period at the end of paragraph (2) and inserting 
in lieu thereof a semicolon and the word "and", and by inserting 
after paragraph (2) the following new paragraph: 
"(3) tutors and instructional assistants shall be compensated 
at such rates as the Commissioner may determine to be consistent 
with prevailing practices under comparable federally supported 
work-study programs." 
.-^-. 
TEACHER CORPS CORRECTIONS EDUCATION PROJECTS 
SEC. 805. (a) Section 511(a) of the Higher Education Act of 1965 
(as amended by section 804(b) of this Act) is further amended by 
^"f^, p. 190. 
deleting the word "and" at-the end of paragraph (2), by deleting the 
period at the end of paragraph (3) and inserting in lieu thereof a 
semicolon and the word "and", and by inserting after paragraph (3) 
the following new paragraph: 
"(4) attracting and training educational personnel to provide 
relevant remedial, basic, and secondary educational training, 
including literacy and communications skills, for juvenile delin-
quents, youth offenders, and adult criminal offenders." 
(b) Section 513(a) of such Act is further amended by redesignat-
ing paragraphs (6), (7), and (8) (as redesignated bv section 804(d) 
^"P'-«-
of this Act), and all references thereto, as paragraphs (7), (8), and 
(9), respectively, and by inserting after paragraph (5) the following 
new paragraph: 
"(6) enter into arrangements, through grants or contracts, 
with State and local educational agencies, and with institutions 
of higher education, and such other agencies or institutions 
approved by the Commissioner according to criteria which shall be 
established by him to carry out the purposes of this paragraph, 
under w^hich provisions (including payment of the cost of such 
arrangements) will be made to furnish to such agencies members 
of the Teacher Corps to carry out projects designed to meet the 
192 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
special educational needs of juvenile delinquents, youth offenders, 
and adult criminal offenders, and persons who have been deter-
mined by a State or local educational agency, court of law, law 
enforcement agency, or any other State or local public agency 
to be predelinquent juveniles, but not in excess of 90 per centum 
of the cost of compensation for Teacher Corps members serving 
in such projects may be paid from Federal funds;". 
7^sfa^^''2s°7"' 
(^) Section 514(a) of such Act is further amended by inserting 
20 use 1104. 
before "shall provide" the following: "or an arrangement with any 
Ante, p. 191. 
agency pursuant to paragraph (6) of Section 513(a),". 
PROVISIONS RELATED TO GU'^ED AND TALENTED CHILDREN 
79 Stat. 1258. 
20 use nil. 
bEC. 806. (a) Section 521 of the Higher Education Act of 1965 
(relating to fellowships for teachers) is amended by inserting in the 
last sentence thereof after the words "handicapped children" a comma 
and the following: "and for gifted and talented children". 
8 2
^ St at I'\'04 2^!^' 
(^) Scctlon 1201 of such Act (relating to definitions) is amended 
20 use 1141. 
by adding at the end thereof the following new p a r a g r a p h : 
"(k) The term 'gifted and talented children' means, in accordance 
with objective criteria prescribed by the Commissioner, children who 
have outstanding intellectual ability or creative talent." 
(c) (1) The Commissioner of Education shall: 
(A) determine the extent to which special educational assist-
ance programs are necessary or useful to meet the needs of gifted 
and talented children, 
(B) show which existing Federal educational assistance pro-
grams are being used to meet the needs of gifted and talented 
children, 
(C) evaluate how existing Federal educational assistance pro-
grams can be more effectively used to meet these needs, and 
(D) recommend which new programs, if any, are needed to 
meet these needs. 
Report to 
^2) The Commissioner shall report his findings, together with his 
Congress. 
recomuiendatious, to the Congress not later than one year after the 
enactment of this Act. 
CONSOLIDATION OF TITLE I I I OF T H E NATIONAL DEFENSE EDUCATION ACT 
OF 19 58 AND SECTION 1 2 OF T H E NATIONAL FOUNDATION FOR T H E ARTS 
AND T H E H U M A N I T I E S ACT OF 19 6 5 
SEC. 807. (a)(1) Section 303(a) of the National Defense Educa-
78 Stat. 1103. 
tion Act of 1958 is amended by striking out "science, mathematics, his-
20 use 443. 
tory, civics, geography, economics, industrial arts, modern foreign 
language, English, or reading" and inserting in lieu thereof "aca-
demic subjects". 
72 Stat. 1589. 
(2) Scctlou 303(a) (5) of such Act is amended by striking out "the 
fields of science, mathematics, history, civics, geography, economics, 
industrial arts, modern foreign languages, English, and reading" and 
inserting in lieu thereof "academic subjects". 
82 Stat. 1052. 
(3) The first sentence of section 301 of such Act is amended by strik-
20 use 441. 
.^g ^^^ "$120,000,000" and inserting in lieu thereof "$120,500,000" and 
by striking out "$130,000,000" and inserting in lieu thereof 
"$130,500,000". 
Repeal. 
(j^)) Scctlou 12 of the National Foundation on the Arts and the 
Humanities Act of 1965 is hereby repealed. 
79 Stat. 854. 
20 u s e 961 
84 STAT. ] 
PUBLIC LAW 91-230-APR. 13, 1970 
193 
ADVISORY COUNCIT. ON RESEARCH AND DEVELOPMENT 
SEC. 808. Section 2 of the Cooperative Research Act of 1954 is ^/^^^l^'^^"^' 
amended by adding the following new subsection at the end thereof: 
20 use 331a. 
"(e) (1) The Commissioner shall establish in the Office of Educa-
tion an Advisory Council on Research and Development, consisting of 
fifteen members appointed, without regard to the civil service laws, by 
the Commissioner with the approval of the Secretary of Health, Edu-
cation, and Welfare. The Commissioner shall appoint one such mem-
ber as Chairman. Such members shall include persons recognized as 
authorities in the field of educational research and development or in 
related fields. 
"(2) The Advisory Council shall advise the Commissioner with 
respect to matters of general policy arising in the administration of 
this Act.-' 
R E S E A R C H O N P R O B L E M S OF FINANCING ELEMENTARY AND SECONDARY 
EDUCATION 
SEC. 809. fa) The Congress finds that— 
(1) insufficient national concern has been focused upon the 
escalating operating expenses and construction costs faced by 
school districts, including serious inequities within and among 
States in financial support of elementary and secondary education; 
(2) taxpayer resistance to the existing tax structure is growing 
and school bond issues and budget requests are being rejected; 
(3) school districts are facing serious fiscal crises as they 
approach or exceed statutory limits on taxing and bonding author-
ity ; and 
(4) there is a need for additional knowledge to solve these prob-
lems. 
(b) It is the purpose of this section— 
(1) to provide for research and reports on such problems under 
the Cooperative Research Act; and 
20 use 331 
(2) to provide for a National Commission on School Finance 
to study such problems and report to the Commissioner and the 
Report to 
Congress within two years. 
eongress. 
(c) Section 2(a) of the Cooperative Research Act is amended by 
20 use 331a. 
inserting at the end thereof the following: 
"(3) The Commissioner shall, pursuant to his authority under this 
Act, provide for research regarding the problems of financing ele-
mentary and secondary education. Such research shall include, but 
not be 1 imited to, recommendations concerning— 
"(A) an appropriate division of responsibility among local. 
State, and the Federal Government in financing elementary and 
secondary education; 
"(B) an appropriate balance of categorical aid, general aid, and 
school construction aid in the total Federal responsibility for 
financing elementary and secondary education; 
"(C) new approaches to relieve the fiscal crisis now facing the 
schools; 
"(D) the use of Federal revenue sharing for supporting ele-
mentary and secondary education; and 
"(E) methods to minimize variations within and among States 
in per pupil expenditures for elementary and secondary education. 
The Commissioner shall make a preliminary report to the Congress 
Report to 
not later than one hundred and twenty days after the date of enact-
ment of the Elementary and Secondary Education Amendments of 
1969 identifying all existing federally financed research in this area 
(whether authorized under this or any other Act) and the current 
status of such research. Thereafter, the Commissioner shall report the 
eongress. 
194 
PUBLIC LAW 91-230-APR. 13, 1970 
[84 STAT. 
National Com-
mission on School 
Finance. 
Establisliment. 
Membership. 
Ante, p. 193. 
Report to 
Congress. 
Ante, p. 165. 
results of, and recommendations with respect to, research under this 
paragraph as a separate and distinct part of his annual report pur-
suant to subsection (d)." 
(d) The Commissioner shall, not later than ninety days after the 
date of enactment of this Act, establish a National Commission on 
School Finance 
appointed from 
(2) State and local 
Such Commission shall consist of fifteen members 
1) members of State and local educational agencies, 
government officials, (3) education administra-
tors, (4) teachers, (5) financial experts, (6) parents with one or more 
children in a public elementary or secondary school, (7) the Office 
of Education, (8) the Department of the Treasury, with the approval 
of the Secretary of the Treasury, and (9) other appropriate fields. 
The Commissioner shall appoint a chairman and vice chairman from 
among; such members. Such Commission shall make a full and com-
plete investigation and study of the financing of elementary and sec-
ondary education, including, but not limited to, the matters referred 
to in section 2(a) (3) of the Cooperative Research Act (as amended 
by subsection (c) of this section). The Commission shall report the 
results of such investigation and study and its recommendations to 
the Commissioner and the Congress not later than two years after the 
date of enactment of this Act. Funds available for the purposes of the 
Cooperative Research Act and for the purposes of section 402 of Pub-
lic Law 90-247 shall be available for the purposes of this subsection. 
79 Stat. 46. 
20 u s e 332a. 
CONSTRUCTION OF EDUCATIONAL RESEARCH FACILITIES 
SEC. 810. Section 4(a) of the Cooperative Research Act (Public Law 
83-531) is amended by striking out "July 1,1970" and substituting in 
lieu thereof "July 1, 1973", and by striking out "July 1, 1971" and 
substituting in lieu thereof "July 1, 1974". --—- -
Appropriatic 
expenditure. 
70 Stat. 938. 
AMENDMENT RELATING TO T H E AMERICAN PRINTING HOUSE FOR THE BLIND 
SEC. 811. (a^ The paragraph designated "First" in section 3 of the 
Act entitled "An Act to promote the education of the blind", approved 
March 3,1879 (20 U.S.C. 102), is amended to read as follows: 
"First. (A^ Such appropriation shall be expended by the trus-
tees of the American Printing House for the Blind each year 
in manufacturing and furnishing books and other materials 
specially adapted for instruction of the blind; and the total 
amount of such books and other materials so manufactured and 
furnished by such appropriation shall each year be distributed 
among all the public and private nonprofit institutions in the 
States, territories, and possessions of the United States, the Com-
monwealth of Puerto Rico, and the District of Columbia, in 
which blind pupils are educated. Each public and private non-
profit institution for the education of the blind shall receive, in 
books and other materials, upon requisition of its superintendent, 
that portion of the appropriation as is shown by the ratio 
between the number of blind pupils in that institution and the 
total number of blind pupils in all of the public and private non-
profit institutions in wnich blind pupils are educated. Each chief 
State school officer shall receive, in Dooks and other materials, upon 
requisition, that portion of the appropriation as is shown by the 
ratio between the number of blind pupils in public and private 
nonprofit institutions (in the State) m which blind pupils are 
educated, other than institutions to which the preceding sentence 
is applicable, and the total number of blind pupils in the public 
and private nonprofit institutions in which blind pupils are edu-
cated in all of the States, territories, and possessions of the United 
States, the Commonwealth of Puerto Rico, and the District of 
84 STAT. ] 
PUBLIC LAW 91-231-APR. 15, 1970 
195 
Columbia. The ratio referred to in each of the two immediately 
preceding sentences shall be computed upon the first Monday in 
January of each year; and for purposes of such sentences the 
number of blind pupils in public and private nonprofit institu-
tions in which blind pupils are educated shall be authenticated 
in such manner and as often as the trustees of the American 
Printing House for the Blind shall require. For purposes of this 
Act, an institution for the education of the blind is any institution 
which provides education exclusively for the blind, or exclusively 
for the blind and other handicapped children (in which case 
special classes are provided for the blind); the chief State school 
officer of a State is the superintendent of public elementary and 
secondary schools in such State or, if there is none, such other 
official as the Governor certifies to have comparable responsibility 
in the State; and a blind pupil is a blind individual pursuing a 
course of study in an institution of less than college grade. 
"(B) The portion of the appropriation received by each chief 
State school officer, in such books and other materials under sub-
paragraph (A) of this paragraph which represents the number 
of blind pu])ils in private nonprofit institutions in such State in 
which blind pupils are educated shall be distributed among such 
institutions on the basis of the number of blind pupils in each 
such institution as compared to the total number of such pupils 
in all of the private nonprofit institutions in which blind pupils 
are educated in such State. 
"(C) All books and other materials furnished pursuant to this 
._ 
Act, and control and administration of their use, shall vest only 
in a public agency. Such books and materials made available 
pursuant to this Act for use of teachers and blind pupils in any 
State, Territory, or possession of the United States, the (Com-
monwealth of Puerto Rico, and the District of Columbia in any 
•, school shall be limited to those books and materials which have 
been approved by an appropriate educational authority or agency 
of such State, Territory, possession. Commonwealth, or District. 
.V!< 
or any local educational authority thereof, for use, or are used, 
in a public elementary or secondary school tlierein.'' 
(b) The paragraph designated "Fourth" of section 3 of the Act 
entitled "An Act to promote the education of the blind", approved 
March 8, 1879, as amended (20 U.S.C. 102), is amended by inserting 
immediately after "public", the following: "and private non])rofit". 
(c) Section 4 of such Act is amended by inserting immediately 
20 use 104. 
after "public", the following: "or private nonprofit". 
Approved April 13, 1970. 
Public Law 91-231 
1 - v;:,. 
.. 
AN ACT 
April 15, 1970 
To increase the pay of P^'ederal employees. 
[s. 3690] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
Federal Empioy-
be cited as the "Federal Employees Salary Act of 1970". 
1970^^ ^
"
^
^ ^""^ °^ 
SEC. 2. (a) (1) The President shall increase the rates of basic pay, 
basic compensation, and salaries (as such rates were increased by 
Executive Order Numbered 11474, dated June 16, 1969) contained ^^\^^^^ "^^ 
in the schedules listed in paragraph (2) of this subsection by amounts ""iT' , „ ,o„ , 
equal, as nearly as may be practicable and with regard to maintaining 
20 Stat. 468.