An Act to strengthen and improve programs of assistance for our elementary and secondary schools
PL 89-750 (H.R.13161), enacted 11/03/1966

80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1191 
Public Law 89-750 
AN A C T 
November 3, 1966 
To strengthen and improve programs of assistance for elementary and secondary 
LH. R.13I61] 
schools, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled,, That this Act may sefonda"'EL^'^ 
be cited as the "Elementary and Secondary Education Amendments tion Amendments 
of 1966". 
°f 1966. 
TITLE I—AMENDMENTS TO T H E ELEMENTARY AND 
SECONDAEY EDUCATION ACT OF 1965 
PART A—FINANCIAL ASSISTANCE TO EDUCATIONAL AGENCIES FOE THE 
EDUCATION OF CHILDREN OF LOW-INCOME FAMILIES 
REVISION OF A U T H O R I Z A T I O N 
SEC. 101. Section 202 of the Act of September 30,1950, Public Law 
874, Eighty-first Congress, as amended, is amended to read as follows: 
^^ ^'|^" ^
J
j
^
^
^ 
"DURATION OF ASSISTANCE 
"SEC. 202. The Commissioner shall, in accordance with the provi-
sions of this title, make payments to State educational agencies for 
the period beginning July 1, 1965, and ending June 30, 1968." 
G R A N T S W I T H R E S P E C T TO C E R T A I N INDIAN CHILDREN 
SEC. 102. Section 203(a) (1) of such Act of September 30, 1950, is 
2
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amended to read as follows: 
"SEC. 203. (a)(1) (A) 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 207(a) (other than 
^o use 24ig. 
payments under such section to jurisdictions excluded from the term 
'State' by this subsection). 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 need for such grants. I n 
addition he shall allot from such amount to the Secretary of the Inte-
rior the amount necessary to make payments pursuant to subparagraph 
(B) of this paragraph, and for the fiscal year ending June 30, 1967, 
the amount necessary to meet the special educational needs of educa-
tionally deprived children on reservations serviced by elementary 
and secondary schools operated for Indian children by the Depart-
ment of the Interior. The maximum grant which a local educational 
agency in Puerto Rico, Guam, American Samoa, the Virgin Islands, 
and the Trust Territory of the Pacific Islands shall be eligible to 
receive and the terms upon which payment shall be made to the 
Department of the Interior shall be determined pursuant to such 
criteria as the Commissioner determines will best carry out the pur-
poses of this title. 
"(B) The terms on which payment shall be made to the Depart-
ment of the Interior shall include provision for payments by the 
Secretary of the Interior to local educational agencies with respect to 
out-of-State Indian children in the elementary or secondary schools 
of such agencies under special contracts with that Department. The 
amount of any such payment may not exceed, for each such child, 
1192 
PUBLIC LAW 89-750-NOV. 3, 1966 
[80 STAT. 
one-half the average per pupil expenditure in the State in which the 
agency is located. 
PAYMENTS 
TO 
STATE 
EDUCATIONAL 
AGENCIES 
FOR 
ASSISTANCE 
I N 
EDUCATING 
MIGRATORY 
CHILDREN 
OF 
MIGRATORY 
AGRICULTURAL 
WORKERS 
2
0 ulc^2^4ic^^^* 
^^^- 1^^- (^) Section 203(a) of such Act of September 30, 1950, is 
amended by inserting after paragraph (5) the following new para-
graph : 
"(6) A State educational agency which has submitted and had 
approved an application under section 205(c) for any fiscal year shall 
be entitled to receive a grant for that year under this title for estab-
lishing or improviixg programs for migratory children of migratory 
agricultural workers. 
The maximum total of grants which shall be 
available for use in any State for any fiscal year shall be an amount 
equal to the Federal percentage of the average per pupil expenditure 
in the United States multiplied by (A) the estimated number of such 
migratory children aged five to seventeen, inclusive, who reside in the 
State full time, and (B) the full-time equivalent of the estimated 
number of such migratory children aged five to seventeen, inclusive, 
who reside in the State part time, as determined by the Commissioner 
in accordance with regulations. 
For purposes of this paragraph, the 
'average per pupil expenditure' in the United States shall be the aggre-
gate current expenditures, during the second fiscal year preceding the 
fiscal year for which the computation is made, of all local educational 
Posf, p. 1198. 
agencies (as defined in section 303(6) (A)) in the United States 
(including only the fifty States and the District of Columbia), plus 
any direct current expenditures by States for operation of local educa-
tional agencies (without regard to the sources of funds from which 
either of such expenditures are made), divided by the aggregate num-
ber of children in average daily attendance to whom such agencies 
provided free public education during such preceding year." 
2
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(jj) Sectiou 205 of such Act is amended by adding the following 
new subsection at the end thereof: 
"(c)(1) A State educational agency or a combination of such 
agencies may apply for a grant for any fiscal year under this title to 
establish or improve, either directly or through local educational 
agencies, programs of education for migratory children of migratory 
agricultural workers. 
The Commissioner may approve such an appli-
cation only upon his determination— 
"(A) that payments will be used for programs 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 migratory children of migratory agri-
cultural workers, and to coordinate these programs and projects 
with similar programs and projects in other States, including the 
transmittal of pertinent information with respect to school records 
of such children; 
"(B) that in planning and carrying out programs and projects 
there has been and will be appropriate coordination wdth pro-
grams administered under part B of title I I I of the Economic 
Opportunity Act of 1964; and 
"(C) that such programs and projects will be administered and 
carried out in a manner consistent with the basic objectives of 
clauses (1)(B) and (2) through (8) of subsection (a), and of sec-
tion 206(a). 
The Commissioner shall not finally disapprove an application of a 
State educational agency under this paragraph except after reasonable 
79 Stat. 977. 
42 u s e 2861 
Post, 
p. 1196. 
20 u s e 24 If, 
79 Stat. 31. 
20 u s e 24 If. 
Ante, p. 1192. 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1193 
notice and opportunity for a hearing to the State educational agency. 
"(2) If the Commissioner determines that a State is unable or un-
willing to conduct educational programs for migratory children of 
migratory agricultural workers, or that it would result in more efficient 
and economic administration, or that it would add substantially to the 
welfare or educational attainment of such children, he may make spe-
cial arrangements with other public or nonprofit private agencies to 
carry out the purposes of this subsection in one or more States, and for 
this purpose he may set aside on an equitable basis and use all or part 
of the maximum total of grants available for such State or States." 
(c) (1) The portion of section 206(a) of such Act which precedes 
clause (1) is amended by striking out "participate in the program of 
this title" and inserting in lieu thereof "participate under this title 
(except with respect to the program described in section 205(c) relat-
ing to migratory children of migratory agricultural workers)". 
(2) The first sentence of section 207(a) (1) of such Act is amended 
^o use 24ig, 
by inserting "it and" after "the amount which". 
(3) Section 210 of such Act is amended by striking out "section 
20 use 24ij. 
206(b)" and inserting in lieu thereof "section 205(c) or 206(b)". 
(4) Section 211(a) of such Act is amended by striking out "section 
^o use 241k. 
206(a)" and inserting in lieu thereof "section 205(c) or 206(a)". 
PAYMENTS ON ACCOUNT OF NEGLECTED OR DELINQUENT CHILDREN 
SEC. 104. (a) The first sentence of section 203(a) (2) of such Act of 
September 30,1950, is amended by striking out all that follows "multi-
plied by" and substituting: "the number of children in the school 
district of such agency who are aged five to seventeen, inclusive, and 
are (A) in families having an annual income of less than the low-
income factor (established pursuant to subsection (c)), (B) in families 
receiving an annual income in excess of the low-income factor (estab-
lished pursuant to subsection (c)) from payments under the program 
of aid to families with dependent children under a State plan approved 
under title IV of the Social Security Act, or (C) living in institutions 
49 st^at. 627. 
for neglected or delinquent children but not counted pursuant to para- 
' " ' " " ""' 
graph (5) of this subsection for the purpose of a grant to a State 
agency, or being supported in foster homes with public funds." 
(b) The second sentence of such section 203(a) (2) is amended by 
striking out "the number of children of such ages and families in such 
county or counties" and inserting in lieu thereof "the number of 
children of such ages in such county or counties who are described in 
clause (A), (B), or (C) of the previous sentence,". 
(c) Subsection (b) of section 203 of such Act is amended by— 
(1) striking out, in the part which precedes paragraph (1), 
all that follows after "children aged five to seventeen, inclusive," 
and inserting in lieu thereof "described in clauses (A), (B), and 
(C) of the first sentence of paragraph (2) of subsection (a) :". 
(2) striking out in paragraph (1) "the number of such children 
of such families" each time that it appears and substituting "the 
number of such children"; 
(3) striking out in paragraph (2) "the number of children of 
such ages of families with such income" and substituting "the 
number of such children"; and 
(4) striking out in paragraph (3) "the number of children of 
such ages of families of such income" and substituting "the num-
ber of such children". 
(d) The third sentence of subsection (d) of such section 203 is 
amended by inserting ", and the number of children of such ages living 
in institutions for neglected or delinquent children, or being supported 
in foster homes with public funds," before "on the basis of". 
20 u s e 241c. 
Post, p. 1194. 
42 use 601. 
1194 
PUBLIC LAW 89-750-NOV. 3, 1966 
[80 STAT. 
Ante, p. 119 2. 
(e) Section 203(a) of such Act is further amended by inserting 
after paragraph (6) as added by this Act an additional paragraph as 
follows: 
" (7) In the case of a State agency which is directly responsible for 
providing free public education for children in institutions for ne-
glected or delinquent children, the maximum grant which that agency 
shall be eligible to receive under this title for any fiscal year shall be 
an amount equal to the Federal percentage of the average per pupil 
expenditure in that State multiplied by the number of such children 
in average daily attendance, as determined by the Commissioner, at 
schools for such children operated or supported by that State agency, 
in the most recent fiscal year for which satisfactory data are available. 
Such State agency shall use payments under this title 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." 
ELIGIBILITY FOR GRANTS; CLARIFYING DEFINITION OF "AVERAGE PER PUPIL 
EXPENDITURE" IN A STATE 
2
0 vTc 24lc 
• ^^^' ^^^' (^) (^) Section 203 (b) (1) of such Act is amended by strik-
ing out all that follows "shall be" and inserting in lieu thereof "at least 
ten." 
(2) Section 203(b) (2) of such Act is amended by striking out "shall 
be one hundred or more" and inserting in lieu thereof "shall be at 
least ten". 
(b) (1) Paragraph (2) of section 203(a) of such Act is amended by 
inserting "or, if greater, in the United States (which for purposes of 
this and the last sentence of this paragraph means the fifty States and 
the District of Columbia)," after "average per pupil expenditure in 
that State". 
79 Stat. 1161. 
^2) Paragraph (5) of section 203(a) of such Act is amended by 
inserting "or, if greater, in the United States (which for purposes of 
this sentence means the fifty States and the District of Columbia," 
after "in that State". 
(3) The amendments made by this subsection shall be effective with 
respect to fiscal years beginning after June 30, 1967. 
(c) The last sentence of section 203(a) (2) of such Act is amended 
to read as follows: "For purposes of this subsection, the 'average per 
pupil expenditure' in a State, or in the United States, shall be the 
aggregate current expenditures, during the second fiscal year preced-
ing the fiscal year for which the computation is made, of all local 
Post, p. 1198. 
educational agencies as defined in section 303(6) (A) in the State, or 
in the United States, as the case may be, plus any direct current 
expenditures by the State for operation of such agencies (without 
regard to the sources of funds from which either of such expenditures 
are made), divided by the aggregate number of children in average 
daily attendance to w^hom such agencies provided free public educa-
tion during such preceding year." 
RAISING THE LOW-INCOME FACTOR AFTER JUNE 30, 1967 
SEC. 106. Section 203(c) of such Act of September 30, 1950, is 
amended to read as follows: 
" (c) For the purposes of this section, the 'Federal percentage' shall 
be 50 per centum and the 'low-income factor' shall be $2,000 for the 
fiscal year ending June 30, 1966, and the fiscal year ending June 30, 
1967. 
For the fiscal year ending June 30, 1968, they shall be 50 per 
centum and $3,000, respectively." 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1195 
USING MOST RECENT xVlD-FOR-DEPENDENT-CHILDREN DATA AVAILABLE 
AFTER JUNE 30, 1966 
SEC. 107. Effective with respect to fiscal years beginning after June 
30,1966, the third sentence (as amended by section 104 of this Act) of 
section 203(d) of such Act of September 30,1950, is further amended 
^^ ^*^!,- ^^^-^ 
to read as follows: "The Secretary of Health, Education, and Welfare 
shall determine the number of children of such ages from families 
receiving an annual income in excess of the low-income factor from 
payments under the program of aid to families with dependent chil-
dren under a State plan approved under title IV of the Social Security 
Act, and the number of children of such ages living in institutions 
^^ ^^^ ^^'^' 
for neglected or delinquent children, or being supported in foster 
homes with public funds, on the basis of the latest calendar or fiscal 
year data, whichever is later." 
REPEALING PROVISION FOR SPECIAL INCENTIVE GRANTS 
SEC. 108. (a) Title I I of such Act of September 30,1950, is amended 
by striking out section 204. 
2
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(b) Such title I I is further amended by— 
(1) striking out "basic grant", "BASIC GRANTS" and "basic 
grants" each time they occur and inserting in lieu thereof "grant", 
"GRANTS" or "grants", as the case may be ; 
(2) striking out "or a special incentive grant" in the portion of 
section 205 (a) which precedes clause (1); and 
^° "^"^ ^'^^^' 
(3) striking out in section 207(a) (2) the portion which follows 
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the comma and inserting in lieu thereof "except that this amount 
shall not exceed the maximum amount determined for that agency 
pursuant to section 203." 
TREATMENT OF INCOME OF EMPLOYEES RECEIVING AID FOR DEPENDENT 
CHILDREN 
SEC. 109. The following new section is added immediately after sec-
tion 212 of such Act: 
" T R E A T M E N T 
O F 
E A R N I N G S 
FOR 
P U R P O S E S 
O F AID TO FAMILIES 
WITH 
DEPENDENT CHILDREN 
"SEC. 213. (a) Notwithstanding the provisions of title IV of the 
Social Security Act, a State plan approved under section 402 of such 
Act shall provide that for a period of not less than twelve months, and 
may provide that for a period of not more than twenty-four months, 
the first $85 earned by any person in any month for services rendered 
to any program assisted under this title of this Act shall not be 
regarded (A) in determining the need of such person under such 
approved State plan or (B) in determining the need of any other indi-
vidual under such approved State plan. 
"(b) Notwithstanding the provisions of subsection (a) of this sec-
tion, no funds to which a State is otherwise entitled under title I V of 
the Social Security Act for any period before the fourth month after 
the adjournment of the State's first regular legislative session which 
adjourns more than sixty days after enactment of the Elementary 
and Secondary Education Amendments of 1966, shall be withheld by 
reason of any action taken pursuant to a State statute which prevents 
such State from complying with the requirements of subsection (a) 
of this section." 
20 u s e 241c. 
1196 
PUBLIC LAW 89-750-NOV. 3, 1966 
[80 STAT. 
PROVIDING 
THAT 
A 
PROGRAM 
OR 
A 
PROJECT 
MUST 
BE 
A t 
LEAST 
A 
CERTAIN M I N I M U M SIZE TO BE APPROVED 
II vie 2^?ie 
^^^' 1^^- Section 205(a) (1) (B) of such Act of September 30, 1950, 
is amended by striking out the comma after "needs" and inserting in 
lieu thereof the following: "and to this end involve an expenditure of 
not less than $2,500, except that the State educational agency may with 
respect to any applicant reduce the $2,500 requirement if it determines 
that it would be impossible, for reasons such as distance or difficulty 
of travel, for the applicant to join effectively with other local educa-
tional agencies for the purpose of meeting the requirement;". 
USES OF GRANTED FUNDS AND COORDINATION W I T H OTHER PROGRAMS 
SEC. 111. (a) Section 205 (a) (1) of such Act of September 30,1950, 
is amended by striking out "(including the acquisition of equipment 
and where necessary the construction of school facilities)" and insert-
ing in lieu thereof the following: "(including the acquisition of equip-
ment, and, where necessary, the construction of school facilities and 
plans made or to be made for such programs, projects, and facilities)". 
(b) Section 205(a) (1) of such Act is further amended by inserting 
before the semicolon at the end thereof the following: ": 
Provided, 
That the amount used for plans for any fiscal year shall not exceed 1 
per centum of the maximum amount determined for that agency for 
that year pursuant to section 203 or $2,000, whichever is greater". 
(c) Section 205(a) of such Act of September 30, 1950, is amended 
by renumbering paragraphs (5), (6), (7), and (8) as (6), (7), (8), 
and (9), respectively, and by inserting after paragraph (4) the follow-
ing new paragraph: 
"(5) in the case of an application for payments for planning, 
(A) that the planning was or will be directly related to programs 
or projects to be carried out under this title and has resulted, or 
is reasonably likely to result, in a program or project which will be 
carried out under this title, and (B) that planning funds are 
needed because of the innovative nature of the program or project 
or because the local educational agency lacks the resources neces-
sary to plan adequately for programs and projects to be carried 
out under this title;". 
(d) Such redesignated paragraph (8) of such section is amended 
to read as follows: 
"(8) in the case of a project for the construction of school facilities, 
that, in developing plans for such facilities due consideration has been 
given to compliance with such standards as the Secretary may pre-
scribe or approve in order to insure that facilities constructed with the 
use of Federal funds under this title shall be, to the extent appropri-
ate in view of the uses to be made of the facilities, accessible to and 
usable by handicapped persons;". 
(e) Section 205(a) of such Act is further amended by striking out 
the period at the end of the last paragraph, and adding at the end 
thereof the following new paragraph: 
"(10) in the case of a project for the construction of school 
facilities, that, in developing plans for such facilities, due con-
sideration has been given to excellence of architecture and design, 
and to the inclusion of works of art (not representing more than 
1 per centum of the cost of the project)." 
(f) Title VII of the Elementary and Secondary Education Act of 
1965 (as redesignated by section 161 of this Act) is amended by insert-
ing at the end of section 703 a new subsection as follows: 
"(c) In administering the provisions of this Act and any Act 
amended by this Act, the Commissioner shall consult with other Fed-
79 Stat. 57. 
20 u s e 883. 
79 Stat. 1162. 
20 u s e 24 Ig. 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1197 
eral departments and agencies administering programs which may 
be effectively coordinated with programs carried out pursuant to such 
Acts, and to the extent practicable for the purposes of such 
Acts shall (1) coordinate such programs on the Federal level with the 
programs being a(Jministered by such other departments and agencies, 
and (2) require that effective procedures be adopted by State and 
local authorities to coordinate the development and operation of pro-
grams and projects carried out under such Acts with other public ana 
private programs having the same or similar purposes, including com-
munity action programs under title I I of the Economic Opportunity 
Act of 1964." 
78 Stat. 516. 
42 u s e 2781. 
COMPUTING AMOUNT OF PAYMENTS FOR STATE ADMINISTRATIVE EXPENSES 
SEC. 112. Clause (1) of section 207(b) of such Act of September 30, 
1950, is amended to read as follows: 
"(1) 1 per centum of the total maximum grants for State and 
local educational agencies of the State as determined for that year 
pursuant to sections 203 and 208, or". 
PROVISIONS TO E N C O U R A G E LOCAL EFFORT 
SEC. 113. (a) Section 207(c) (2) of such Act of September 30,1950, 
^^ stat. 32. 
i? amended by striking out "for the fiscal year ending June 30, 1964" 
and inserting in lieu thereof "for the second preceding fiscal year". 
(b) Section 203(a)(3) of such Act is amended by striking out 
20 use 241c. 
"1966" and inserting in lieu thereof "1967" and by striking out "30 
per centum" both times it appears and inserting in lieu thereof "50 
per centum". 
CONTINUING AND REVISING PROVISION FOR ADJUSTMENTS WHERE 
NECESSITATED BY APPROPRIATIONS 
SEC. 114. (a) Section 208 of such Act of September 30, 1950, is 
2
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amended by striking out "for the fiscal year ending June 30,1966," and 
inserting in lieu thereof "for any fiscal year". 
(b) Such section 208 is further amended by adding at the end 
thereof the following: "In order to permit reductions made pursuant 
to this section for any fiscal year to be offset at least in part, the Com-
missioner may set dates by which (1) State educational agencies must 
certify to him the amounts for which the applications of educational 
agencies have been or will be approved by the State, and (2) State 
educational agencies referred to m section 203(a) (6) must file applica-
tions. The excess of (1) the total of the amounts of the maximum 
grants computed for all educational agencies of any State under sec-
tion 203, as ratably reduced under this section, over (2) the total of 
the amounts for which applications of agencies of that State referred 
to in clauses (1) and (2) of the preceding sentence are approved shall 
be available, in accordance with regulations, first to educational 
agencies in that State and then to educational agencies in other States 
to offset proportionately ratable reductions made under this section." 
Ante, p. 1192, 
REVISION I N NATIONAL ADVISORY COUNCIL REPORTING 
SEC. 115. Section 212(c) of such Act of September 30, 1950, is 
2
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amended to read as follows: 
"(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 31 of each calendar year beginning after the enactment of this 
65-300 O - 67 - 78 
1198 
PUBLIC LAW 89.750-NOV. 3, 1966 
[80 STAT. 
title. 
The President is requested to transmit to the Congress such 
comments and recommendations as he may have with respect to such 
report." 
SHORT TITLE FOR TITLE II OF PUBLIC LAW 874, EIGHTY-FIRST CONGRESS 
24u-^A^tl^i^' 
SEC- 116. Title I I of such Act of September 30, 1950 (as amended 
1195' 
' 
by this Act), is further amended by inserting at the end thereof an 
additional section as follows: 
" S H O R T TITLE 
"SEC. 214. This title may be cited as 'Title I of the Elementary and 
Secondary Education Act of 1965'." 
DEFINITIONS 
Broadening definition of "local educational agency" 
y/staL^'as!'"^' 
. SEC. 117. (a) (1) Section 303(6) of such Act of September 30, 1950, 
20 use 244. 
is amended to read as follows: 
241-1, 
^2o^usc 236- 
«(g) (^) YoT purposcs of title I, the term 'local educational agency' 
means a board of education or other legally constituted local school 
authority having administrative control and direction of free public 
education in a county, township, independent, or other school district 
located within a State. Such term includes any State agency which 
directly operates and maintains facilities for providing free public 
education. 
"(B) For purposes of title II, 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 direc-
tion of, or to perform a service function for, 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. Such term includes any 
other public institution or agency having administrative control 
and direction of a public elementary or secondary school, and it also 
includes (except for purposes of sections 203(a) (2), 203(b), and 205 
2
0 us^c 241 
(^) (1)) ^^y State agency which is directly responsible for providing 
24le. 
""' 
free public education for liandicapped 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) or for 
children in institutions for neglected or delinquent children." 
(2) The first sentence of section 203(a) (5) of such Act is amended 
by striking out ", on a non-school-district basis,". 
(3) Section 203(a) (3) of such Act is amended by inserting " ( A ) " 
after " (3)" and by inserting at the end thereof a new subparagraph as 
follows: 
"(B) In the case of local educational agencies which serve in whole 
or in part the same geographical area, and in the case of a local educa-
tional agency which provides free public education for a substantial 
number of cnildren who reside in the school district of another local 
educational agency, the State educational agency may allocate the 
amount of the maximum grants for those agencies among them in 
such manner as it determines will best carry out the purposes of this 
title." 
79 Stat. 1161. 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1199 
Providing for a more precise definition of "current expenditures" 
(b) Section 303(5) of such Act is amended to read as follows: 
y/stat^^as^^"^' 
"(5) The term 'current expenditures' means expenditures for free 
20 use 244. 
public education, including expenditures for administration, instruc-
tion, attendance and health services, pupil transportation services, 
operation and maintenance of plant, fixed charges, and net expendi-
tures to cover deficits for food services and student body activities, but 
not including expenditures for community services, capital outlay, 
and debt service, or any expenditures made from funds granted under 
title I I of this Act or title I I or I I I of the Elementary and Secondary 
^o usl^ 2
^
4
^
i
a
-
Education Act of 1965." 
241/; Ante, 
p ^ 
1195, 1198. 
PART B — S C H O O L LIBRARY EESOURCES, TEXTBOOKS, AND O T H E R 
20 use 8 21-8 48. 
INSTRUCTIONAL MATERIALS 
APPROPRIATIONS AUTHORIZED 
SEC. 121. Section 201(b) of the Elementary and Secondary Educa-
tion Act of 1965 (Public Law 89-10) is amended to read as follows: 
"(b) For the purpose of making grants under this title, there are 
hereby authorized to be appropriated the sum of $100,000,000 for the 
fiscal year ending June 30,1966, $125,000,000 for the fiscal year ending 
June 30, 1967, and $150,000,000 for the fiscal year ending June 30, 
1968; but for the fiscal year ending June 30, 1969, and the succeeding 
fiscal year, only such sums may be appropriated as the Congress may 
hereafter authorize by law." 
REVISION I N AUTHORIZATION rOR TITLE II, AND PROVISION FOR INDIAN 
CHILDREN 
I N 
SCHOOLS 
OPERATED BY THE DEPARTMENT OF THE 
INTERIOR 
SEC. 122. Section 202(a) of the Elementary and Secondary Educa-
tion Act of 1965 is amended to read as follows: 
"SEC. 202. (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 201 (b). The Commis-
sioner 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 respec-
tive needs for assistance under this title. In addition, for the fiscal 
year ending June 30, 1967, he shall allot from such amount to (A) 
the Secretary of the Interior the amount necessary for such assistance 
for children and teachers in elementary and secondary schools oper-
ated for Indian children by the Department of the Interior, and (B) 
the Secretary of Dei^ense the amount necessary for such assistance 
for children and teachers in the overseas dependents schools of the 
Department of Defense. The terms upon which payments for such 
purpose shall be made to the Secretary of the Interior and the Secre-
tary of Defense shall be determined pursuant to such criteria as the 
Commissioner determines will best carry out the purposes of this title. 
" (2) From the sums appropriated for carrying out this title for any 
fiscal year pursuant to section 201(b), the Commissioner shall allot 
to each State an amount which bears the same ratio to the total of 
such sums as the number of children enrolled in the public and private 
elementary and secondary schools of that State bears to the total 
number of children enrolled in such schools in all of the States. The 
number of children so enrolled shall be determined by the Commis-
sioner on the basis of the most recent satisfactory data available to 
20 u s e 8 21. 
20 u s e 8 22. 
20 u s e 822, 
1200 
PUBLIC LAW 89-750-NOV. 3, 1966 
[80 STAT. 
him. 
For purposes of this subsection, the term 'State' shall not 
include the Commonwealth of Puerto Rico, Guam, American Samoa, 
the Virgin Islands, and the Trust Territory of the Pacific Islands." 
ADMINISTRATIVE EXPENSES AND IMPROVED 
COORDINATION 
SEC. 123. Section 203(a) of the Elementary and Secondary Educa-
20 Vic 82 3, 
^^^^ -"^^^ ^^ ^^^^ ^^ amended to read as follows through the end of 
clause (3) of such section: 
"SEC. 203. (a) Any State which desires to receive grants under this 
title shall submit to the Commissioner a State plan, in such detail as 
the Commissioner deems necessary, which— 
"(1) designates a State agency which shall, either directly or 
through arrangements w4th other State or local public agencies, 
act as the sole agency for administration of the State plan; 
" (2) sets forth a program under which funds paid to the State 
from its allotment under section 202 will be expended solely for 
(A) acquisition of library resources (which for the purposes of 
this title means books, periodicals, documents, audiovisual mate-
rials, and other related library materials), textbooks, and other 
printed and published instructional materials for the use of chil-
dren and teachers in public and private elementary and secondary 
schools in the State, and (B) administration of the State plan, 
including (i) the development and revision of standards relating 
to library resources, textbooks, and other printed and published 
instructional materials furnished for the use of children and 
teachers in the public elementary and secondary schools of the 
State, and (ii) the distribution and control by a local educational 
agency of such library resources, textbooks, and other instruc-
tional materials in carrying out such State plan for the use of 
children and teachers in schools referred to in clause (A), except 
that the amount used for administration of the State plan for any 
fiscal year shall not exceed an amount equal to 5 per centum of 
the amount paid to the State under this title for that year or 
$50,000, whichever is greater; 
"(3) sets forth the criteria to be used in allocating library 
resources, textbooks, and other printed and published instructional 
materials provided under this title among the children and teachers 
of the State, which criteria shall— 
"(A) take into consideration the relative need, as deter-
mined from time to time, of the children and teachers of the 
State for such library resources, textbooks, or other instruc-
tional materials, 
"(B) provide assurance that to the extent consistent with 
law such library resources, textbooks, and other instructional 
materials will be provided on an equitable basis for the use of 
children and teachers in private elementary and secondary 
schools in the State which comply with the compulsory 
attendance laws of the State or are otherwise recognized by 
it through some procedure customarily used in the State, and 
"(C) provide assurance that, in order to secure the effective 
and efficient use of Federal funds, there will be appropriate 
coordination at both State and local levels between the pro-
gram carried out under this title with respect to library 
resources and the program (if any) carried out under the 
Library Services and Construction Act (20 U.S.C. ch. 16);". 
Ante, p. 313. 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1201 
PART C—SUPPLEMENTARY EDUCATIONAL CENTERS AND SERVICES 
APPROPRIATIONS AUTHORIZED 
SEC. 131. Section 301(b) of the Elementary and Secondary Educa-
tion Act of 1965 is amended to read as follows: 
^^ stat. 39. 
"(b) For the purpose of making grants under this title, there is 
^° ^^^ ^'^^° 
hereby authorized to be appropriated the sum of $100,000,000 for the 
fiscal year ending June 30,1966, $175,000,000 for the fiscal year ending 
June 30, 1967, and $500,000,000 for the fiscal year ending June 30, 
1968; but for the fiscal year ending June 30, 1969, and the succeeding 
fiscal year, only such sums may be appropriated as the Congress may 
hereafter authorize by law." 
REVISION I N AUTHORIZATION FOR TITLE I I I , AND PROVISION FOR INDIAN 
CHILDREN 
I N 
SCHOOLS 
OPERATED 
BY T H E 
DEPARTMENT 
OF T H E 
INTERIOR 
SEC. 132. Section 302(a) of the Elementary and Secondary Educa-
tion Act of 1965 is amended to read as follows: 
^° ^^^ ^'^^' 
"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 apportion 
the amount appropriated pursuant to this paragraph among 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 title. In addition, for the fiscal year ending June 
30, 1967, he shall apportion from such amount to (A) the Secretary 
of the Interior the amount necessary for such assistance for children 
and teachers in elementary and secondary schools operated for Indian 
children by the Department 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 Department 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 pursuant to such criteria as the Commissioner 
determines will best carry out the purposes of this title. 
"(2) From the sums appropriated for carrying out this title for any 
fiscal year pursuant to section 301(b), the Commissioner shall appor-
tion $200,000 to each State and shall apportion the remainder of such 
sums among the States as follows: 
"(A) He shall apportion 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 apportion to each State an amount which bears 
the same ratio to 50 per centum of such remainder as the popula-
tion of the State bears to the population of all the States. 
For the purposes of this subsection, the term 'State' does not include 
the Commonwealth of Puerto Rico, Guam, American Samoa, the Vir-
gin Islands, and the Trust Territory of the Pacific Islands." 
PROVISIONS W I T H RESPECT TO FACILITIES CONSTRUCTED UNDER TITLE I I I 
SEC. 133. Section 304(a) (4) of the Elementary and Secondary 
Education Act of 1965 is amended by striking out "and (C)" and in- 
20 use 844. 
Rerting in lieu thereof the following: "(C) that, in developing plans 
1202 
PUBLIC LAW 89-750_NOV. 3, 1966 
[80 STAT. 
for such facilities, due consideration will be given to excellence of 
architecture and design, and to the inclusion of works of art (not rep-
resenting more than one per centum of the cost of the project), and 
there will be compliance with such standards as the Secretary may 
prescribe or approve in order to insure that facilities constructed with 
the use of Federal funds under this title shall be, to the extent appro-
priate in view of the uses to be made of the facilities, accessible to and 
usable by handicapped persons, and (D)". 
SPECIAL CONSIDERATION FOR LOCAL EDUCATIONAL AGENCIES W H I C H 
ARE FINANCIALLY 
OVERBURDENED 
20 us^c "^i" 
^^^' ^^^' ^^c^io^^ ^^^ of ^^^^ ^^^ is amended by redesignating sub-
section (c) as subsection (d) and by inserting after subsection (b) 
the following new subsection: 
"(c) In approving applications under this title for grants for any 
liscal year beginning after June 30,1967, the Commissioner must give 
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 educa-
tion for four and five year olds, because some or all of its schools are 
seriously overcrowded (as a result of growth or shifts in enrollment 
or otherwise), obsolete, or unsafe." 
PART D—COOPERATIVE RESEARCH ACT AMENDMENTS 
PERMITTING THE RESEARCH TRAINING PROGRAM TO BE CARRIED OUT 
THROUGH CONTRACTS AS WELL AS GRANTS 
SEC. 141. Section 2(b) of the Cooperative Research Act (20 U.S.C. 
79 Stat. 44. 
331a) is amended to read as follows: 
"(b) (1) The Commissioner is authorized to make grants to univer-
sities and colleges and other public or private agencies, institutions, 
and organizations to assist them in providing training in research in 
the field of education (including such research described in section 
2
0 use 863. 
603(a) (4) of the Elementary and Secondary Education Act of 1965), 
including the development and strengthening of training staff and 
curricular capability for such training, and, without regard to sections 
3648 and 3709 of the Revised Statutes (31 U.S.C. 529; 41 U.S.C. 5), to 
provide by contracts or jointly financed cooperative arrangements with 
them for the conduct of such activities; except that no such grant may 
be made to a private agency, organization, or institution other than a 
nonprofit one. 
" (2) Funds available to the Commissioner for grants or contracts or 
jointly financed cooperative arrangements under this subsection may, 
when so authorized by the Commissioner, also be used by the recipient 
(A) in establishing and maintaining research traineeships, intern-
ships, personnel exchanges, and pre- and post-doctoral fellowships, 
and for stipends and allowances (including traveling and subsistence 
expenses) for fellows and others undergoing training and their 
dependents not in excess of such maximum amounts as may be pre-
scribed by the Commissioner, or (B) where the recipient is a State 
educational agency, in providing for such traineeships, internships, 
personnel exchanges, and fellowships either directly or through 
arrangements with public or other nonprofit institutions or organiza-
tions. 
" (3) No grant shall be made or contract or jointly financed coopera-
tive arrangement entered into under this subsection for training in 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1203 
sectarian instruction, or for work to be done in an institution, or a 
department or branch of an institution, whose program 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. 
"(4) Prior to January 31, 1968, the Commissioner shall make a co^^^"*^*'° 
complete report to the Congress with respect to contracts and other 
arrangements made pursuant to this subsection with private organiza-
tions, including benefits received from such contracts and arrange-
ments, and the Commissioner's recommendations with respect to me 
continuation of the authority to make such contracts and arrangements 
with private organizations. 
CONSOLIDATING RESEARCH AUTHORITY UNDER SECTION 2 
SEC. 142. Section 4(b) of the Cooperative Research Act is amended 
^^ ^^^ ^e^^ 
by striking out the second sentence thereof. 
AMENDING THE DEFINITION OF "CONSTRUCTION" TO INCLUDE THE 
ACQUISITION OF EXISTING BUILDINGS 
SEC. 143. Section 5(4) of the Cooperative Research Act is amended 
^° ^^^ ^^^^' 
to read as follows: 
"(4) The terms 'construction' and 'cost of construction' include (A) 
the construction of new buildings, and the acquisition, expansion, 
remodeling, replacement, and alteration of existing buildings, includ-
ing architects' fees, but not including the cost of acquisition of land 
(except in the case of acquisition of an existing building) or off-site 
improvements, and (B) equipping new buildings and existing build-
ings, whether or not acquired, expanded, remodeled, or altered." 
PART E—GRANTS TO STRENGTHEN STATE DEPARTMENTS OF EDUCATION 
APPROPRIATIONS AUTHORIZED 
SEC. 151. Section 501(b) of the Elementary and Secondary Educa-
tion Act of 1965 is amended to read as follows: "For the purpose of 
^ ^^^^ ^^-^ 
making grants under this title, there is hereby authorized to be appro-
priated the sum of $25,000,000 for the fiscal year ending June 30,1966, 
J|>30,000,000 for the fiscal year ending June 30, 1967, and $50,000,000 
for the fiscal year ending June 30,1968." 
ELIMINATION OF MATCHING REQUIREMENT 
SEC. 152. (a) Section 503 of the Elementary and Secondary Educa-
tion Act of 1965 is amended by striking out " ( a ) " where it appears 
after "Sec. 503.", by striking out "Federal share of", and by striking 
out subsection (b) of such section. 
(b) Section 303(b)(3) of such Act is amended by striking out 
"503(a) (4)" and inserting in lieu thereof "503(4)". 
(c) Section 502(b) of such Act is amended by striking out "Federal 
^° ^^^ ^^^' 
share (as defined in section 503 (b)) of the" and by striking out the last 
sentence of paragraph (2) thereof. 
(d) Section 504 of such Act is amended by striking out "section 
503(a)" both times it appears and inserting in lieu thereof "section 
503". 
20 use 863. 
20 use 843. 
20 u s e 864. 
1204 
PUBLIC LAW 89-750-NOV. 3, 1966 
[80 STAT. 
TECHNICAL AMENDMENT REGARDING INTERCHANGE OF PERSONNEL WITH 
STATES 
79 Stat. 51. 
20 u s e 867. 
20 u s e 863. 
S E C 153. Effective as of April 11, 1965, section 507(c) (3) (D) of 
the Elementary and Secondary Education Act of 1965 is amended by 
inserting ", and for retention and leave accrual purposes," after 
"toward periodic or longevity step increases". 
DEMONSTRATION PROJECTS TO INSURE CONTINUITY OF HEADSTART 
PROGRAMS 
SEC. 154. Section 503 of the Elementary and Secondary Education 
Act of 1965 is amended by striking out "and" at the end of paragraph 
(9), by striking out the period at the end of paragraph (10) and 
inserting in lieu thereof "; and", and by adding at the end thereof the 
following: 
"(11) evaluation and demonstration projects to insure that 
benefits obtained by children in Headstart and other preschool pro-
grams are not lost during their early elementary school years, but 
are instead enhanced so as to provide continuity in and accelerated 
development of the child's learning, academic and other social 
achievements." 
PART F—HANDICAPPED CHILDREN 
PROGRAMS A U T H O R I Z E D 
SEC. 161. The Elementary and Secondary Education Act of 1965 is 
20 use 881-885. amended by redesignating title VI as title VII, by redesignating sec-
tions 601 through 605 and references thereto as sections fOl through 
705, respectively, and by adding after title V the following new title: 
"TITLE VI—EDUCATION OF HANDICAPPED CHILDREN 
"APPROPRIATIONS AUTHORIZED 
"SEC. 601. (a) The Commissioner is authorized to make grants pur-
suant to the provisions of this title during the fiscal year ending June 
30, 1967, and the succeeding fiscal year, for the purpose of assisting 
the States in the initiation, expansion, and improvement of programs 
and projects (including the acquisition of equipment and where neces-
sary the construction of school facilities) for the education of handi-
capped children (as defined in section 602) at the preschool, elemen-
tary and secondary school levels. 
' (b) For the purpose of making grants under this title there is 
authorized to be appropriated $50,000,000 for the fiscal year ending 
June 30, 1967, and $150,000,000 for the fiscal year ending June 30, 
1968. 
"DEFINITION OF 'HANDICAPPED CHILDREN' 
"SEC. 602. As used in this title, the term 'handicapped children' 
includes 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 and related services. 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1205 
"ALLOTMENT OF FUNDS 
"SEC. 603. (a)(1) There is hereby authorized to be appropriated 
for each fiscal year for the purposes of this paragrapli an amount equal 
to not more than 3 per centum of the amount appropriated for such 
year for payments to States under section 601 (b). The Commissioner 
shall allot the amount appropriated pursuant to tliis 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. 
"(2) From the total amount appropriated pursuant to section 
601(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 or such children in all the States. For purposes of this 
subsection, the term 'State' shall not include the Commonwealth of 
Puerto Rico, Guam, American Samoa, the Virgin Islands, or the Trust 
Territory of the Pacific Islands. 
"(b) The number of children aged three to twenty-one, inclusive, 
in any 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 subsection dur-
ing a year shall be deemed part of its allotment under subsection (a) 
for that year. 
"STATE PLANS 
"SEC. 604. Any State which desires to receive grants under this title 
shall submit to the Commissioner through its State educational agency 
a State plan in such detail as the Commissioner deems necessary. 
The 
Commissioner shall not approve a State plan or a modification of a 
State plan under this title unless the plan meets the following require-
ments : 
"(a) The plan must provide satisfactory assurance that funds paid 
to the State under this title will be expended, either directly or through 
local educational agencies, solely to initiate, expand, or improve pro-
grams and projects, including preschool programs and projects, (A) 
which are designed to meet the special educational and related needs 
of handicapped children throughout the State, (B) which are of 
sufficient size, scope, and quality (taking into consideration the special 
educational needs of such children) as to give reasonable promise 
of substantial progress toward meeting those needs, and (C) which 
may include the acquisition of equipment and where necessary the 
construction of school facilities. 
Nothing in this title shall be deemed 
to preclude two or more local educational agencies from entering into 
agreements, at their option, for carrying out jointly operated programs 
and projects under this title. The plan may provide up to 5 per 
centum of the amount allotted to the State for any fiscal year or 
1206 
PUBLIC LAW 89-750-NOV. 3, 1966 
[80 STAT. 
$75,000 ($25,000 in the case of the Commonwealth of Puerto Eico, 
Guam, American Samoa, the Virgin Islands, and the Trust Territory 
of the Pacific Islands), whichever is greater, may be expended for 
the proper and efficient administration of the State plan (including 
State leadership activities and consultative services),, and for planning 
on the State and local level. 
"(b) The plan must 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, provision will be made for participation of such children 
in programs assisted or carried out under this title. 
"(c) The plan must provide satisfactory assurance that the control 
of funds provided under this title, and title to property derived there-
from, 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. 
"(d) The plan must set forth policies and procedures which provide 
satisfactory assurance that Federal funds made available under this 
title will be so used as to supplement and, to the extent practical, 
increase the level of State, local, and private funds expended for the 
education of handicapped children, and in no case supplant such State, 
local, and private funds. 
"(e) The plan must provide that effective procedures, including 
provision for appropriate objective measurements of educational 
achievement, will be adopted for evaluating at least annually the effec-
tiveness of the programs in meeting the special educational needs of, 
and providing related services for, handicapped children. 
"(f) The plan must provide that the State educational agency will 
be the sole agency for administering or supervising the administration 
of the plan. 
"(g) The plan must provide for making such reports, in such form 
and containing such information, as the Commissioner may reason-
ably require to carry out his functions under this title, including 
reports of the objective measurements required by paragraph (e) of 
this subsection; and the plan must also provide 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. 
"(h) The plan must 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 title to the State, including any such 
funds paid by the State to local educational agencies. 
"(i) The plan must provide satisfactory assurance that funds paid 
to the State under this title shall not be made available to any school 
for handicapped children eligible for assistance under section 203 
(a) (5) of title I I of Public Law 874, Eighty-first Congress. 
"(j) The plan must provide satisfactory assurance, in the case of 
any project for construction of school facilities, that the project is not 
inconsistent with overall State plans for the construction of school 
facilities and that the requirements of section 610 will be complied 
with on all such construction projects. 
"(k) The plan must provide satisfactory assurance that effective 
procedures will be adopted for acquiring and disseminating to teachers 
and administrators of handicapped children significant information 
derived from educational research, demonstration, and similar proj-
ects, and for adopting, where appropriate, promising educational 
practices developed through such projects. 
79 Stat. 1161. 
20 u s e 241c. 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1207 
a PAYMENTS 
"SEC, 605. From the amounts allotted to each State under section 
603, the Commissioner shall pay to that State an amount equal to the 
amount expended by the State in carrying out its State plan. 
These 
payments may be made in installments, and in advance or by way of 
reimbursement, with necessary adjustments on account of overpay-
ments or underpayments. 
"ADMINISTRATION OF STATE PLANS 
"SEC. 606. (a) The Commissioner shall not finally disapprove any 
State plan submitted under this title, or any modification thereof, 
without first affording the State agency administering the plan reason-
able notice and opportunity for a hearing. 
" (b) Whenever the Commission, after reasonable notice and oppor-
tunity for hearing to such State agency, finds— 
"(1) that the State plan has been so changed that it no longer 
complies with the provisions of section 604, or 
"(2) that in the administration of the plan there is a failure to 
comply substantially with any such provisions, 
the Commissioner shall notify such State agency that the State will 
not be regarded as eligible to participate in the program under this 
title until he is satisfied that there is no longer any such failure to 
comply. 
"JUDICIAL REVIEW 
"SEC. 607. (a) If any State is dissatisfied with the Commissioner's 
final action with respect to the approval of its State plan submitted 
under section 604 or with his final action under section 606(b), such 
State may, within sixty 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 
of title 28, United States Code. 
"(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 modi-
fied findings of fact shall likewise be conclusive if supported by sub-
stantial 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 
"NATIONAL ADVISORY COMMITTEE ON HANDICAPPED CHILDREN 
"SEC. 608. (a) The Commissioner shall establish in the Office of 
Education a National Advisory Committee on Handicapped Children, 
consisting of the Commissioner, who shall be Chairman, and not more 
than twelve additional members, not less than 50 per centum of whom 
shall be persons affiliated with educational, training, or research pro-
7 2 Stat. 941. 
1208 
PUBLIC LAW 89-750-NOV. 3, 1966 
[SO STAT. 
grams for the handicapped, appointed by the Commissioner without 
regard to the civil service laws. 
"(b) The Advisory Committee shall review the administration and 
operation of this Act, title I I of Public Law 874, Eighty-first Con-
2
0 use 2
^
4
1 
gress, and other provisions of law administered by the Commissioner, 
24iz. 
* 
with respect to handicapped children, including their effect in im-
Ante, pp. 1195, 
provin^ the educational attainment of such children, and make recom-
^^^^" 
mendations for the improvement of such administration and opera-
tion with respect to such children. These recommendations shall take 
into consideration experience gained under this and other Federal 
programs for handicapped children and, to the extent appropriate, 
experience gained under other public and private programs for handi-
Report to 
Capped children. The Advisory Committee shall from time to time 
Congress. 
'-.'^ 
, 
" 
, 
. 
s 
, 
. 
i 
/
-
>
< 
make such recommendations as it may deem appropriate to the Com-
missioner and shall make an annual report of its findings and recom-
mendations to the Commissioner not later than January 31 of 1968 
and each fiscal year thereafter. 
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. 
Compensation. 
''''{c) Members of the Advisory Committee who are not regular 
full-time employees of the United States shall, while serving on busi-
ness of the Committee, be entitled to receive compensation at rates 
fixed by the Commissioner, but not exceeding $100 per day, including 
travel time; and while so serving away from their homes or regular 
places of business, they may be allowed travel expenses, including per 
diem in lieu of subsistence, as authorized by section 5703 of title 5 of 
Ante, p. 499. 
^j^g. United States Code for persons in Government service employed 
intermittently. 
"(d) The Commissioner may, at the request of the xldvisory Com-
mittee, appoint such special advisory professional or technical per-
sonnel as may be necessary to enable the Advisory Committee to carry 
out its duties. 
"BUREAU FOR EDUCATION AND TRAINING OF THE HANDICAPPED 
"SEC. 609. The Commissioner shall establish at the earliest practi-
cable date not later than July 1, 1967, and maintain within the Office 
of Education a bureau for the education and training of the handi-
capped 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 programs 
and projects for the training of teachers of the handicapped and for 
research in such education and training. 
"LABOR STANDARDS 
"SEC. 610. All laborers and mechanics employed by contractors or 
subcontractors on all construction projects assisted under this title 
shall be paid wages at rates not less than those prevailing on similar 
contruction in the locality as determined by the Secretary of Labor 
in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 
^g^l^^tat.^1^011; 
276a—276a-5). The Secretary of Labor shall have with respect to 
the labor standards specified in this section the authority and func-
64 Stat. 1267. 
tious Set fortli in Keorganization Plan Numbered 14 of 1950 and 
63 Stat. 108. 
section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)." 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1209 
PART G—DISSEMINATION OF INFORMATION 
SEC. 171. Title VII of the Elementary and Secondary Education 
Act of 1965 (as redesignated by this Act) is amended by inserting at 
^"'^' P- ^204. 
the end thereof a new section as follows : 
u 
DISSEMINATION OF INFORMATION 
"SEC. 706. (a) For the purpose of carrying out more effectively the 
provisions of this Act and title II of Public Law 874, Eighty-first 
Congress, the Commissioner— 
20 us^c 2
^
4
1
3
-
"(1) shall prepare and disseminate to State and local educa- 241^. 
tional agencies and other appropriate agencies and institutions 
^"'<'' PP- ^^^S 
1198. 
catalogs, reviews, bibliographies, abstracts, analyses of research 
and experimentation, and such other materials as are generally 
useful for such purpose; 
" (2) may upon request provide advice, counsel, technical assist-
ance, and demonstrations to State or local educational agencies 
or institutions of higher education undertaking to initiate or 
expand programs under this Act or such title in order to increase 
the quality or depth or broaden the scope of such programs, and 
shall inform such agencies and institutions of the availability of 
assistance pursuant to this clause; 
"(3) shall prepare and disseminate to State and local educa-
tional agencies and other appropriate agencies and institutions 
an annual report setting forth developments in the utilization 
and adaptation of projects carried out pursuant to this Act and 
such title; and 
"(4) may enter into contracts with public or private agencies, 
organizations, groups, or individuals to carry out the provisions 
of this section. 
"(b) There are authorized to be appropriated not to exceed $1,500,-
000 for the fiscal year ending June 30,1967, and not to exceed $2,000,-
000 for the fiscal year ending June 30,1968, to carry out the provisions 
of this section." 
PART H—RACIAL IMBALANCE AND COMPLIANCE W I T H 
CIVIL RIGHTS ACT OF 
1964 
SEC. 181. Section 704 of the Elementary and Secondary Education 
Act of 1965 (as redesignated by this act, and containing a prohibition 
against Federal control of education) is amended by inserting the 
following at the end thereof and before the period: ", or to require 
the assignment or transportation of students or teachers in order to 
overcome racial imbalance". 
COMPLIANCE WITH CIVIL RIGHTS ACT OF 
1964 
SEC. 182. The Commissioner of Education shall not defer action or 
order action deferred on any application by a local educational agency 
for funds authorized to be appropriated by this Act, by the Elemen-
tary and Secondary Education Act of 1965, by the Act of Septem- 
20 use 821 note. 
ber 30, 1950 (Public Law 874, Eighty-first Congress), by the Act of 
2
0 use 236. 
September 23, 1950 (Public Law 815, Eighty-first Congress), or by 
20 use 63i. 
the Cooperative Research Act, on the basis of alleged noncompliance 
2
0 use 331 note. 
with the provisions of title VI of the Civil Rights Act of 1964 for 
^s st at. 25 2. 
more than sixty days after notice is given to such local agency of such 2ooo^d-'^^^ ^ "" 
deferral unless such local agency is given the opportunity for a hear-
ing as provided in section 602 of title VI of the Civil Rights Act of 
42 use 2000d-
1210 
PUBLIC LAW 89-750-NOV. 3, 1966 
[80 STAT. 
1964, such hearing to be held within sixty days of such notice, unless 
the time for such hearing is extended by mutual consent of such local 
agency and the Commissioner, and such deferral shall not continue 
for more than thirty days after the close of any such hearing unless 
there has been an express finding on the record of such hearing that 
such local educational agency has failed to comply with the provisions 
of title VI of the Civil Rights Act of 1964. 
78 Stat. 25 2. 
42 u s e 2000d-
2000d-4. 
PART I—EFFECTIVE DATE 
SEC, 191. The provisions of this title shall be effective with respect 
to fiscal years beginning after June 30,1966, except as specifically pro-
vided otherwise. 
TITLE II—FEDERALLY A F F E C T E D AREAS 
PART A—AMENDMENTS TO PUBLIC LAW 874 
AMENDMENTS TO SECTION 3 
SEC. 201. Section 3 of the Act of September 30, 1950 (Public Law 
2
0 use 238. 
874^ Eighty-first Congress), as amended, is amended in the following 
respects: 
Providing an alternative means of meeting the eligibility requirement 
70 Stat. 9 70. 
(a) (1) Section 3(c)(2)(B) is amended by inserting after "amount 
to" the following: ", whichever is the lesser, four hundred such chil-
dren, or a number of such children equal to". 
(2) Section 3(c)(5) is amended by striking out "percentage require-
ments for eligibility under paragraphs (2) and (4) of this subsection" 
and by inserting in lieu thereof "requirements for eligibility under 
paragraphs (2) (B) and 4(C) of this subsection". 
Method of determining local contribution rate 
64 Stat. 1
1
0 2; 
(j^-^ Subsectiou (d) of section 3, relating to the computation of the 
local contribution rate, is amended as follows: 
(1) The first sentence of subsection (d) is amended by striking 
out "and the local educational agency". 
(2) Clauses (1) and (2) of the first sentence of subsection (d) 
are amended to read: 
"(1) he shall place each school district within the State into a 
group of generally comparable school districts; and 
"(2) he shall then divide (A) the aggregate current expendi-
tures, during the second fiscal year preceding the fiscal year for 
which he is making the computation, which all of the local educa-
tional agencies within any such group of comparable school dis-
tricts made from revenues derived from local sources, by (B) the 
aggregate number of children in average daily attendance to 
whom such agencies provided free public education during such 
second preceding fiscal year." 
(3) The third sentence of subsection (d) is amended by striking 
out "If, in the judgment of the Commissioner, the current expendi-
tures in those school districts which he has selected under clause 
(1)" and substituting in lieu thereof "If, in the judgment of the 
Commissioner, the current expenditures in the school districts 
within the generally comparable group as determined under clause 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1211 
(4) The next to the last sentence of subsection (d) is amended 
''^ ^*^*' ^^°-
by inserting after "as the case may be," the following: "plus any 
direct current expenditures by the States for the operation of such 
agencies", and by inserting "either of" after "funds from which". 
Providing that children of servicemen shall be deemed to reside with 
a parent employed on Federal property 
67 Stat. 530. 
20 u s e 238, 
(c) (1) The first sentence of subsection (b) of section 3 is amended 
by— 
(A) inserting " (1)" before "resided on Federal property", 
(B) inserting "(2)" before "resided with a parent", and 
(C) inserting before the period at the end thereof ", or (3) had 
a parent who was on active duty in the uniformed services (as 
defined in section 102 of the Career Compensation Act of 1949)". 
" stat. 8
0 4: 
76 Stat. 499, 
(2) The second sentence of subsection (b) is repealed. 
70 stat. 970 
Children moving into an area as a result of an international 
boundary relocation 
(d) Such subsection (b) of section 3 is further amended by adding 
at the end thereof the following new sentence: "For the purpose of 
computing the amount to which a local educational agency is entitled 
under this section for the fiscal year ending June 30, 1967, the Com-
missioner shall also determine the number of children (other than 
children to whom subsection (a) or any other provision of this sub-
section applies) who were in average daily attendance at such schools 
and for whom such agency provided free public education, during 
such fiscal year, as a result of a change in residence from land trans-
ferred to Mexico as part of a relocation of an international boundary 
of the United States." 
Providing that all Federal payments will be deducted from gross 
entitlements on the same basis 
64 Stat. 110 2: 
67 Stat, 530, 
(e) Subsection (e) of section 3 is amended to read as follows: 
"(e) In determining the total amount which a local educational 
agency is entitled to receive under this section (other than subsection 
(c) (4) thereof) for a fiscal year, the Commissioner shall deduct (1) 
such amount as he determines that agency derived from other Federal 
payments (as defined in section 2(b) (1)) but only to the extent such 
^° ^^^ ^37. 
payments are not deducted under the last sentence of section 2(a), and 
only to the extent the payments are made with respect to property on 
which children, counted for purposes of this section, live or on which 
their parents work, and (2) such amount as he determines to be the 
value of transportation and of custodial and other maintenance services 
furnished such Agency by the Federal Government during such year. 
The Commissioner shall make no deduction under this subsection for 
any fiscal year in which the sum of the amounts determined under 
clauses (1) and (2) of the preceding sentence is less than $1,000." 
MAKING T H E APPROPRIATION FOR ONE FISCAL YEAR AVAILABLE THROUGH 
T H E FOLLOWING YEAR TO MEET OBLIGATIONS OF T H E CURRENT YEAR 
SEC. 202. Section 5(b) of the Act of September 30,1950, is amended 
% ^'^^ ^^^; 
by adding at the end thereof the following new sentence: "Sums 
appropriated pursuant to this title for any fiscal year shall remain 
1212 
PUBLIC LAW 89-750-NOV. 3, 1966 
[80 STAT. 
available, for obligation and payments with respect to amounts due 
local educational agencies under this title for such year, until the close 
of the following fiscal year." 
STATE AID REDUCTIONS 
2
0 us^c 240 ^' 
^^^' ^^^' Section 5 is amended by adding at the end thereof the 
following new subsection: 
"Adjustments for Eeductions in State Aid 
"(d) The amount which a local educational agency in any State is 
2
0 use 237-239. otherwise entitled to receive under section 2, 3, or 4 for any fiscal year 
shall be reduced in the same proportion (if any) that the State has 
reduced for that y^ear its aggregate expenditures (from non-Federal 
sources) per pupil for current expenditure purposes for free public 
education (as determined pursuant to regulations of the Commis-
sioner) below the level of such expenditures per pupil in the second 
preceding fiscal year. 
The Commissioner may waive or reduce this 
reduction whenever in his judgment exceptional circumstances exist 
which would make its application inequitable and would defeat the 
purpose of this title." 
WHERE A LOCAL EDUCATIONAL AGENCY CANNOT OR WILL NOT EDUCATE 
CHILDREN LIVING ON FEDERAL PROPERTY 
2
0 usi;" 14?° 
^^?* ^^^- Section 6 of the Act of September 30,1950, is amended by 
redesignating subsection (f) as subsection (g), and by inserting 
immediately after subsection (e) the following new subsection: 
"(f) If no tax revenues of a State or of any political subdivision of 
the State may be expended for the free public education of children 
who reside on any Federal property within the State, or if no tax 
revenues of a State are allocated for the free public education of such 
children, then the property on which such children reside shall not be 
considered Federal property for the purposes of sections 3 and 4 of 
this Act. 
If a local educational agency refuses for any other reason 
to provide in any fiscal year free public education for children who 
reside on Federal property which is within the school district of that 
agency or which, in the determination of the Commissioner, would be 
within that school district if it were not Federal property, there shall 
be deducted from any amount to which the local educational agency is 
otherwise entitled for that year under section 3 or 4 an amount equal 
to (1) the amount (if any) by which the cost to the Commissioner of 
providing free public education for that year for each such child 
exceeds the local contribution rate of that agency for that year, multi-
plied by (2) the number of such children." 
PROHIBITION AGAINST CERTAIN ASSIGNMENT OR TRANSPORTATION 
64 Stat. 110 7 
79 Stat. 35. 
SEC.^205. Section 301(a) of the Act of September 30,1950 (Public 
Law 874; Eighty-first Congress) is amended by inserting the follow-
2
0 use "242. 
ing at the end thereof before the period: ", or require the assignment 
or transportation of students or teachers in order to overcome racial 
imbalance". 
20 u s e 238, 
239. 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1213 
AMENDMENTS TO SECTION 3 0 3 
SEC. 206. Section 303 of the Act of September 30,1950, is amended 7/staJ^'35^^*'^' 
in the following respects: 
20 use 244. 
Extending to all property the provision which permits Federal prop-
erty used for housing to be counted as Federal property for one 
year after transfer by the United States 
(a) Clause (B) of the next to last sentence of section 303(1) is 
^° ^*«*- ^^2. 
amended by striking out "housing". 
Repeal of exclusion of property used for provision of local benefits 
(b) The last sentence of section 303 (1) is amended by— 
(1) striking out "(A) any real property used by the United 
States primarily for the provision of services or benefits to the 
local area in which such property is situated,"; and 
(2) redesignating clauses (B), (C), and (D) as clauses (A), 
(B),and (C), respectively. 
Authorizing the Commissioner to establish a method of counting chil-
dren for the purpose of determining average daily attendance 
(c) Subsection (10) of section 303 is amended to read as follows: 
"(10) Average daily attendance shall be determined in accordance 
with State law, except that (A) the average daily attendance of chil-
dren with respect to whom payment is to be made under section 3 or 4 
of this Act shall be determined in accordance with regulations of the 
Commissioner, and (B) notwithstanding any other provision of this 
Act, where the local educational agency of the school district in which 
any child resides makes or contracts to make a tuition payment for the 
free public education of such child in a school situated in another 
school district, for purposes of this Act the attendance of such child 
at such school shall be held and considered (i) to be attendance at a 
school of the local educational agency so making or contracting to 
make such tuition payment, and (ii) not to be attendance at a school of 
the local educational agency receiving such tuition payment or entitled 
to receive such payment under the contract." 
PART B—AMENDMENTS TO PUBLIC LAW 
815 
EXTENDING TEMPORARY PROVISIONS FOR ONE YEAR 
SEC. 221. Section 3 of the Act of September 23^ 1950 (Public Law 
815, Eighty-first Congress), is amended by striking out "1966" and 
inserting in lieu thereof "1967". 
REDUCING PERCENTAGE INCREASE REQUIRED FOR ELIGIBILITY AND 
LENGTHENING INCREASE PERIOD TO FOUR YEARS 
SEC. 222. (a) Section 5(c) of the Act of September 23, 1950, is 2
0 Jsc esT 
amended by striking out "at least 5 per centum" and inserting in lieu 
thereof "at least 6 per centum". 
(b) Section 15(6) of such Act is amended by striking out "base 
year" and inserting in lieu thereof "second year of the four year 
increase period". 
(c) Section 15(15) of such Act is amended (1) by inserting "third 
or fourth" immediately before the phrase "regular school year" the 
first time that phrase occurs in the subsection, (2) by striking out 
65-300 0-67—79 
78 Stat. 1109. 
20 u s e 633. 
20 u s e 645. 
1214 
PUBLIC LAW 89-750-NOV. 3, 1966 
[80 STAT. 
"1963-1964" and inserting in lieu thereof "1962-1963", and (3) by 
striking out "or the regular school year preceding such school year". 
20 use 645^' 
(^) Section 15(16) of such Act is amended by striking out "two" 
and inserting "four" in lieu thereof. 
20 use 635. 
(g) Section 5(f) of such Act is amended to read as follows: 
"(f) In determining under this section the total of the payments 
which may be made to a local educational agency on the basis of any 
application, the total number of children counted for purposes of 
paragraph (1), (2), or (3), as the case may be, of subsection (a) may 
not exceed— 
"(1) the number of children whose membership at the close of 
the increase period for the application is compared with member-
ship in the base period for purposes of that paragraph, minus 
"(2) the number of such children whose membership at the 
close of the increase period was compared with membership in 
the base year for purposes of such paragraph under the last pre-
vious application, if any, of the agency on the basis of which any 
payment has been or may be made to that agency." 
REDUCTION I N 
T H E NON-FEDERAL GROWTH 
REQUIREMENT 
SEC. 223. Section 5(d) of such Act is amended by striking out "107 
per centum" and by inserting in lieu thereof "106 per centum". 
EXTENDING 
T H E TIME FOR DETERMINING T H E 
NUMBER OF 
UNHOUSED 
CHILDREN BY AUTHORIZING T H E COMMISSIONER TO MAKE T H E ESTI-
MATE FOR A PERIOD EXTENDING TWO YEARS BEYOND T H E 
INCREASE 
PERIOD 
2
0 use 634. 
gj,(^ 224. Section 4 of such Act is amended by inserting "the second 
year following" immediately before the phrase "the increase period". 
MAKING T H E PROVISIONS RELATING TO INDIANS LIVING ON 
RESERVATIONS 
PERMANENT 
llf^fr: 
V?^- 
SEC. 225. (a) The first sentence of section 14(b) of such Act is 
20 u s e 644 
i
» 
• 
-
1 
amended by striking out "ending prior to July 1,1966," and ", not to 
exceed $60,000,000 in the aggregate,". 
(b) The third sentence of section 14(b) is amended by striking out 
", except that after June 30,1966, no agreement may be made to extend 
assistance under this section". 
PROVIDING THAT CHILDREN W H O HAVE A PARENT IN T H E 
UNIFORMED 
SERVICES WILL BE CONSIDERED AS FEDERALLY 
CONNECTED 
20 use 635. 
gEc. 226. (a) Section 5(a) (1) of such Act is amended by inserting 
", (A) who so resided" immediately before the phrase "with a parent 
employed on Federal property" and by inserting immediately before 
the comma preceding the phrase "multiplied by 95 per centum" the 
following: , or (B) who had a parent who was on active duty in the 
uniformed services (as defined in section 102 of the Career Compensa-
(b)(1) The first sentence of section 5(a)(2) of such Act is amended 
by inserting " ( A ) " after "children", by inserting " ( B ) " immediately 
before "residing with a parent", and oy inserting after "school dis-
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1215 
trict),-' the following: ''or (C) who had a parent who was on active 
duty in the uniformed services (as defined in section 102 of the Career 
Compensation Act of 1949),". 
^3 stat. 804; 
(2) The second sentence of section 5(a) (2) of such Act is repealed. 
72 stat. 549. 
20 u s e 635. 
CHILDREN MOVING INTO AN AREA AS A RESULT OF AN 
INTERNATIONAL 
BOUNDARY RELOCATION 
SEC. 227. Section 5(a) of such Act is further amended by striking 
out the period at the end of clause (3), by inserting "; and" in lieu 
thereof, and by inserting immediately after clause (3) the following 
new clause: 
"(4) for the fiscal year ending June 30, 1967, the estimated 
number of children, without regard to the limitation in subsection 
(d), whose membership in the schools of such local educational 
agency resulted from a change in residence from land transferred 
to Mexico as part of a relocation of an international boundary of 
the United States, multiplied by 50 per centum of the average 
per pupil cost of constructing minimum school facilities in the 
State in which the school district of such agency is situated." 
PROVIDING FOR TRANSFER OF TITLE TO FACILITIES TO T H E LOCAL EDUCA-
TIONAL AGENCY WHERE IT IS I N T H E FEDERAL INTEREST TO DO SO 
SEC. 228. Section 10 of such Act is amended by inserting " ( a ) " 
2
0 use 64o. 
immediately before the first word thereof, and by adding the follow-
ing new subsection: 
''(b) When the Commissioner determines it is in the interest of the 
Federal Government to do so, he may transfer to the appropriate local 
educational agency all the right, title, and interest of the United 
States in and to any facilities provided under this section (or sections 
204 or 310 of this Act as in effect January 1,1958). Any such transfer 67^st!J^5 27^' 
shall be without charge, but may be made on such other terms and 
2
0 use 274 
conditions, and at such time as the Commissioner deems appropriate "°'e, 300 note. 
to carry out the purposes of this Act." 
W H E R E A LOCAL EDUCATIONAL AGENCY CANNOT OR WILL NOT EDUCATE 
CHILDREN LIVING ON FEDERAL PROPERTY 
SEC. 229. Section 10 of such Act is further amended by adding an 
additional new subsection as follows: 
"(c) If no tax revenues of a State or of any political subdivision of 
the State may be expended for the free public education of children 
who reside on any Federal property within the State, or if no tax 
revenues of a State are allocated for the free public education of such 
children, then the property on which such children reside shall not be 
considered Federal property for the purposes of section 5 of this Act." 
REPEAL OF EXCLUSION OF PROPERTY USED FOR PROVISION OF LOCAL BENEFITS 
SEC. 230. The last sentence of section 15 (1) of such Act is amended 
2° "^^ ^'*^-
by— 
(1) striking out "(A) any real property used by the United 
States primarily for the provision of services or benefits to the 
local area in which such property is situated,"; and 
(2) redesignating clauses (B), (C), and (D) as clauses (A), 
(B),and (C),respectively. 
1216 
PUBLIC LAW 89-750-NOV. 3, 1966 
[sO STAT. 
PROVIDING T H A T M I N I M U M SCHOOL FACILITIES BE USABLE BY H A N D I -
CAPPED PERSONS AND HAVE CERTAIN OTHER FEATURES 
7 2 Stat. 556. 
20 u s e 645. 
S E C 231. Section 15(10) of such Act, relating to the definition of 
"minimum school facilities", is amended by adding at the end thereof 
the following: "Such regulations shall (A) require the local educa-
tional agency concerned to give due consideration to excellence of 
architecture and design, (B) provide that no facility shall be disquali-
fied as a minimum school facility because of the inclusion of works of 
art in the plans therefor if the cost of such works of art does not exceed 
1 per centum of the cost of the project, and (C) require compliance 
with such standards as the Secretary may prescribe or approve in 
order to insure that facilities constructed with the use of Federal funds 
under this Act shall be, to the extent appropriate in view of the uses 
to be made of the iacilities, accessible to and usable by handicapped 
persons." 
INCLUDING AMERICAN SAMOA I N DEFINITION OF " S T A T E " 
SEC. 232. Section 15(13) of such Act, relating to the definition of 
"State," is amended by inserting "American Samoa," immediately 
before "the Virgin Islands". 
PART C—^EFFECTIVE DATE 
SEC. 241. The amendments made by this title shall be effective for 
fiscal years beginning after June 30,1966, except that (1) the amend-
ment made by section 201(b) shall be effective for fiscal years begin-
ning after June 30, 1967, and (2) if the amendment made by section 
204 or 229 would have reduced payments to a local educational agency 
for the fiscal year ending June 30,1966 (if it had been in effect for that 
j^ear), the amendment shall not apply to that local educational agency 
for fiscal years ending prior to July 1,1968. 
TITLE III—ADULT EDUCATION 
SHORT TITLE 
SEC. 301. This title may be cited as the "Adult Education Act of 
1966". 
STATEMENT OF PURPOSE 
SEC. 302. It is the purpose of this title to encourage and expand 
basic educational programs for adults to enable them to overcome 
English language limitations, to improve their basic education in 
preparation for occupational training and more profitable employ-
ment, and to become more 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 eighteen. 
(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 pro-
viding secondary education and who have not achieved an equiv-
alent level of education, and 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
(2) are not currently enrolled in schools. 
(c) The term "adult basic education" means education for adults 
whose inability to speak, read, or write the English language con-
stitutes a substantial impairment of their ability to get or retain 
employment commensurate with their real ability, which is designed 
to help eliminate such inability 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 occupa-
tional training and otherwise increasing their opportunities for more 
productive and profitable employment, and to mating them better able 
to meet their adult responsibilities. 
(d) The term "Commissioner" means the Commissioner of Educa-
tion. 
(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 
(except for the purposes of section 305(a)) the Commonwealth of 
Puerto Kico, 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 purposes 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 designated for 
the purposes of this title by the Governor. 
GRANTS TO STATES FOR ADULT BASIC EDUCATION 
SEC. 304. (a) From the sums appropriated pursuant to section 314, 
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 author-
ized 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 the establishment or expansion of adult basic edu-
cation programs to be carried out by local educational agencies. 
ALLOTMENT FOR ADULT BASIC EDUCATION 
SEC. 305. (a) From the sums available for purposes of section 
304(b) for any fiscal year, the Commissioner shall allot 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. 
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 
1218 
PUBLIC LAW 89-750-NOV. 3, 1966 
[sO STAT. 
of adults who have completed not more than five grades of school (or 
have not achieved an equivalent level of education) 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 portion 
of the State plan relating to adult basic education approved under 
this title shall be available for reallotment from time to time, on such 
dates during such period as the Commissioner may fix, to other States 
in proportion to the original allotments to such States under subsection 
(a) for such year, but with such proportionate amount for any of 
such other States being reduced to the extent it exceeds the sum which 
the Commissioner estimates such State needs and will be able to use 
for such period for carrying out such portion of 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 aflfords 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 programs, 
Work Experience programs, VISTA, Work Study, and other pro-
grams relating to the anti-poverty effort; 
(6) provide that such agency will make such reports to the 
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 
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 procedures 
as may be necessary to assure proper disbursement of and account-
ing for Federal funds paid the State under this title (including 
such funds paid by the State to local educational agencies) ; and 
(8) provide such further information and assurances as the 
Commissioner may by regulation require. 
(b) The Commissioner shall not finally disapprove any State plan 
submitted under this title, or any modification thereof, without first 
affording the State educational agency reasonable notice and oppor-
tunity for a hearing. 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1219 
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. For the fiscal year 
ending June 30,1967, and the succeeding fiscal year, the Federal share 
for each State shall be 90 per centum. 
(b) No payment shall be made to any State from its allotment for 
any fiscal year unless the Commissioner finds that the amount avail-
able for expenditure by such State for adult education from non-
Federal sources for such year will be not less than the amount expended 
lor such purposes from such sources during the preceding fiscal year. 
(c) Payments to a State under this title may be in installments and 
in advance or by way of reimbursement with necessary adjustments 
on account of overpayments or underpayments. 
OPERATION o r STATE P L A N S ; HEARINGS AND JUDICIAL REVIEW 
SEC. 308. (a) Whenever the Commissioner after reasonable notice 
and opportunity for hearing to the State educational agency admin-
istering 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 State 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 
lie 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 Unifed 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 
forthwith transmitted by the clerk of the court to the Commissioner 
or any officer designated by him for that purpose. 
The Commissioner 
thereupon 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. Upon the filing of such petition, the court shall have 
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jurisdiction to 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 
evidence, 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 in part, any action of the Commissioner shall be final, subject to 
the review by the Supreme Court of the United States upon certiorari 
or certification as provided in section 1264 of title 28, United States 
1220 
PUBLIC LAW 89-750-NOV. 3, 1966 
[80 STAT. 
62 Stat. 928. 
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. 
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 
providing teacher-training grants in accordance with this section. 
(b) The Commissioner is authorized to make grants to local educa-
tional 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 cooper-
ation with other Federal, federally assisted. State, or local pro-
grams which the Commissioner determines have unusual promise 
in promoting a comprehensive or coordinated approach to the 
problems of persons with basic 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 provide (directly or by con-
tract), or to make grants to colleges or universities, State or local 
educational agencies, or other appropriate public or private nonprofit 
agencies or organizations, to provide training to persons engaged, or 
preparing to engage, as personnel in adult education programs 
designed to carry out the purposes of this title, with such stipends 
and allowances, if any (including traveling and subsistence expenses), 
for persons undergoing such training and their dependents as the 
Commissioner may by regulation determine. 
ADVISORY COMMITTEE ON ADULT BASIC EDUCATION 
SEC. 310. (a) The President shall, within ninety days of enactment 
of this title appoint a National Advisory Committee on Adult Basic 
Education. 
(b) The National Advisory Committee shall have eight members, 
consisting of the Commissioner of Education, who shall be chairman, 
and seven other 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 basic education, 
and persons representative of the general public. 
Such Advisory 
Committee shall meet at the call of the chairman but not less often 
than twice a year. 
(c) The Advisory Committee shall advise the Commissioner in the 
preparation of general regulations and with respect to policy matters 
arising in the administration of this title, including policies and pro-
cedures governing the approval of State plans under section 306 and 
policies to eliminate duplication, and to effectuate the coordination of 
80 STAT. ] 
PUBLIC LAW 89-750-NOV. 3, 1966 
1221 
programs under this title and other programs offering adult education 
activities and services. 
(d) The Advisory Committee shall review the administration and 
Report to Presi-
effectiveness of the adult basic education program and other federally ^"* ^"'^ congress. 
supported adult education programs as they relate to adult basic educa-
tion, make recommendations with respect thereto, and make annual 
reports to the President of its findings and recommendations (includ-
ing recommendations for changes in this title and other Federal laws 
relating to adult education activities and services). The President 
shall transmit each such report to the Congress together with his 
comments and recommendations. 
The Secretary of Health, Educa-
tion, and Welfare shall coordinate the work of this committee with 
that of other related advisory committees. 
(e) Members of the Advisory Committee who are not regular full- 
compensation. 
time employees of the United States, shall, while serving on the busi-
ness of the Committee, be entitled to receive compensation at rates 
fixed by the Commissioner, but not exceeding $100 per day, including 
travel time; and, while so serving away from their homes or regular 
places of business, members may be allowed travel expenses, includ-
ing per diem in lieu of subsistence, as authorized by section 5703 of 
title 5 of the United States Code for persons in the Government serv- 
^"'^' P- '^^^^ 
ice employed intermittently. 
(f) The Commissioner shall engage such technical assistance as 
may be required to carry out the functions of the Advisory Committee, 
and the Commissioner shall, in addition, make available to the Advis-
ory Committee such secretarial, clerical, and other assistance and such 
pertinent data prepared by the Department of Health, Education, and 
Welfare as it may require to carry out its functions. 
(g) In carrying out its functions pursuant to this section, the Advis-
ory Committee may utilize the services and facilities of any agency of 
the Federal Government, in accordance with agreements between the 
Secretary of Health, Education, and Welfare and the head of such 
agency. 
ADMINISTRATION 
SEC. 311. (a) The Commissioner is authorized to delegate any of 
his functions under this title, except the making of regulations, to any 
officer or employee of the Office of Education. 
(b) In administering the provisions of this title, 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 agreements between the Secretary and 
the head thereof. 
FEDERAL CONTROL 
PROHIBITED 
SEC. 312. (a) Nothing contained in this title shall be construed to 
authorize any department, agency, officer, or employee of the United 
States to exercise any direction, supervision, or control over the curric-
ulum, program of instruction, admmistration, or personnel of any edu-
cational institution or school system, or over the selection of library 
resources, textbooks, or other printed or published instructional mate-
rials by any educational institution or school system. 
(b) The National Advisory Committee on Adult Basic Education is 
authorized to encourage the establishment of State and local adult edu-
cation advisory committees in order to improve reporting of State and 
local administration of programs under this title. 
Such local and 
State advisory committees may be existing groups or especially estab-
1222 
PUBLIC LAW 89-751-NOV. 3, 1966 
[80 STAT. 
lished by State and local administrators of the programs to assure that 
the local program is meeting the needs of the community. 
LIMITATION 
SEC. 313. No grant may be made under this title for any educational 
program, activity, or service related to sectarian instruction or reli-
gious worship, or provided by a school or department of divinity. 
For 
purposes of this section, the term "school or department of divinity" 
means an institution or a department or branch of an institution whose 
program 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. 
APPROPRIATIONS 
AUTHORIZED 
SEC. 314. There is authorized to be appropriated $40,0(X>,(X)0 for the 
fiscal year ending June 30, 1967, and $60,000,000 for the fiscal year 
ending June 30, 1968, for the purposes of this title. 
78 Stat. 520. 
42 u s e 280 1-
280 7. 
REPEALER 
SEC. 315. Part B of title I I of the Economic Opportunity Act of 
1964 is repealed. 
Approved November 3, 1966. 
November 3, 1966 
[H. R.13196] 
Public Law 89-751 
AN ACT 
To amend the Public Health Service Act to increase the opportunities for train-
ing of medical technologists and personnel in other allied health professions, 
to improve the educational quality of the schools training such allied health 
professions personnel, and to strengthen and improve the existing student 
loan programs for medical, osteopathic, dental, podiatry, pharmacy, opto-
metric, and nursing students, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
p Allied Health 
United States of America in Congress assembled, That this Act may 
p^rsonn^rTrain- 
be cited as tliB "Allied Health Professions Personnel Training Act 
ing Act of 19 66. 
o f 1 9 6 6 " . 
70 Stat. 717. 
42 u s e 29 2-
295g. 
ADDITION OF PART G TO TITLE VII OF T H E PUBLIC H E A L T H SERVICE ACT 
SEC. 2. Title VII of the Public Health Service Act is amended by 
adding at the end thereof the following new part: 
"PART G—TRAINING IN THE ALLIED HEALTH PROFESSIONS 
"GRANTS FOR CONSTOUCTION OF TEACHING FACILITIES FOR ALLIED H E A L T H 
PROFESSIONS 
PERSONNEL 
"Authorization of Appropriations 
"SEC. 791. (a)(1) There are authorized to be appropriated for grants 
to assist in the construction of new facilities for training centers for