Elementary and Secondary Education Amendments
PL 93-380 (H.R.69), enacted 08/21/1974

484 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Public Law 93-380 
August 21, 1974 
AN ACT 
[H. R. 69] 
rp^ extend and amend the Elementary and Secondary Education Act of 
1965, and for other purposes. 
Be it enacted hy the Senate and House of Eepresentatives of the 
Education 
United States of America in Congress assembled, That this Act may 
Amendments o
f 
^^ ^-^^^ ^^ ^^^ "Educatioii Amendments of 1974". 
20 use 821 
note. 
TABLE OF CONTENTS 
Sec. 2. General provisions. 
TITLE I—AMENDMENTS TO THE ELEMENTARY AND SECONDARY 
EDUCATION ACT OF 1965 
Sec. 101. Amendments to title I of the Elementary and Secondary Education 
Act of 1965—special educational programs and projects for educa-
tionally deprived children. 
( a ) ( 1 ) Extension of the program. 
(2) Amendments relating to allocation of basic grants. 
(3) Amendment relating to incentive grants. 
(4) Amendments relating to special grants. 
(5) Amendments relating to applications. 
(6) Amendments relating to participation of children enrolled 
in private schools. 
(7) Amendments relating to adjustments where necessitated by 
appropriations. 
(8) Amendments relating to allocation of funds within the school 
district of a local educational agency and program evalua-
tion. 
(9) Technical amendments. 
(10) Provision with respect to additional authorizations for cer-
tain local educational agencies, 
(b) Effective date. 
Sec. 102. School library resources, textbooks, and other instructional materials. 
Sec. 103. Supplementary educational centers and services; guidance, counseling, 
and testing. 
Sec. 104. Strengthening State and local educational agencies. 
Sec. 105. Bilingual educational programs. 
Sec. 106. Statute of limitations. 
Sec. 107. Dropout prevention projects. 
Sec. 108. School nutrition and health services. 
Sec. 109. Correction education services. 
Sec. 110. Open meetings of educational agencies. 
Sec. 111. Ethnic heritage studies centers. 
TITLE II—EQUAL EDUCATIONAL OPPORTUNITIES AND THE 
TRANSPORTATION OF 
STUDENTS 
Sec. 201. Short title. 
PART A—EQUAL EDUCATIONAL OPPORTUNITIES 
Subpart 1—Policy and Purpose 
Sec. 202. Declaration of policy. 
Sec. 203. Findings. 
Subpart 2—Unlawful Practices 
Sec. 204. Denial of equal educational opportunity prohibited. 
Sec. 205. Balance not required. 
Sec. 206. Assignment on neighborhood basis not a denial of equal educational 
opportunity. 
Subpart 3—Enforcement 
Sec. 207. Civil actions. 
Sec. 208. Effect of certain population changes on certain actions. 
See. 209. Jurisdiction of district courts. 
Sec. 210. Intervention by Attorney General. 
Sec. 211. Suits by the Attorney General. 
88 STAT. ] 
PUBLIC L
A
W 93-380-AUG. 21, 1974 
485 
Subpart 4—^Remedies 
Sec. 213. Formulating remedies; applicability. 
Sec. 214. Priority of remedies. 
Sec. 215. Transportation of students. 
Sec. 216. District lines. 
Sec. 217. Voluntary adoption of remedies. 
Sec. 218. Reopening proceedings. 
Sec. 219. Limitation on orders. 
Subpart 5—Definitions 
Sec. 221. Definitions. 
Subpart 6—Miscellaneous Provisions 
Sec. 222. Repealer, 
Sec. 223. Separability of provisions. 
PAST B—OTHER PROVISIONS RELATING TO THE ASSIGNMENT AND TRANSPORTA-
TION O
F STUDENTS 
Sec. 251. Prohibition against assignment or transportation of students to over-
come racial imbalance. 
Sec. 252. Prohibition against use of appropriated funds for busing. 
Sec. 253. Provision relating to court appeals. 
Sec. 254. Provision requiring that rules of evidence be uniform. 
Sec. 255. Application of proviso of section 407(a) of the Civil Rights Act of 
1964 to the entire United States. 
Sec. 256. Additional priority of remedies. 
Sec. 257. Remedies with respect to school district lines. 
Sec. 258. Prohibition of forced busing during the school year. 
Sec. 259. Reasonable time for developing voluntary plan for desegregating 
schools. 
TITLE 
III—FEDERAL 
IMPACT 
AID 
PROGRAMS 
Sec. 301. Duration of payments under Public Law 815, Eighty-first Congress. 
Sec. 302. Amendments to Public Law 815, Eighty-first Congress. 
Sec. 303. Duration of payments under title I of Public Law 874, Eighty-first 
Congress except section 3 thereof. 
Sec. 304. Amendments to Public Law 874, Eighty-first Congress for fiscal year 
1975. 
Sec. 305. Amendments to sections 3, 5, and 7 of Public Law 874, Eighty-first 
Congress. 
TITLE IV—CONSOLIDATION OF CERTAIN EDUCATION PROGRAMS 
Sec. 401. Consolidation of library, and learning resources, educational innova-
tion, and support programs. 
Sec. 402. Consolidation of certain federally operated educational programs. 
(a) The Special Projects Act. 
(b) (1) Priorities and preferences under the Special Projects Act. 
(2) Apportionment of reserved funds. 
(3) Uses of reserved funds. 
(4) Limitation on duplicate appropriations. 
(c) (1) Effective date. 
(2) Amendments repealing section 306 of the Elementary and 
Secondary Education Act of 1965. 
((3) Amendments repealing section 809 of the Elementary and 
Secondary Education Act of 1965. 
Sec. 403. Education for the use of the metric system of measurement. 
Sec. 404. Gifted and talented children. 
Sec. 405. Community schools. 
Sec. 406. Career education. 
Sec. 407. Consumers' education. 
Sec. 408. Women's educational equity. 
Sec. 409. Elementary and secondary school education in the arts. 
Sec. 410. Effective date. 
486 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
TITLE V—EDUCATION ADMINISTRATION 
Sec. 501. National center for education statistics. 
Sec. 502. General provisions relating to oflScers in the education division. 
Sec. 503. Amendments with respect to the OflSce of Education; regional oflfices. 
Sec. 504. Amendments with respect to the education division. 
Sec. 505. Amendment with respect to applicability, authorization of appropria-
tions, and other general matters. 
Sec. 506. Revision of appropriations and evaluations provisions. 
Sec. 507. Applicability of part C. 
Sec. 508. Publication of indexed compilation of innovative projects; review of 
applications. 
Sec. 509. Amendments to section 431 of the General Education Provisions Act 
relating to rules, regulations, and other requirements of general 
applicability. 
Sec, 510. Audits and recordkeeping. 
Sec. 511. Simplified State application. 
Sec. 512. Furnishing information. 
Sec. 513. Protection of the rights and privacy of parents and students. 
Sec. 514. Protection of pupil rights. 
Sec. 515. Limitation on withholding of Federal funds. 
Sec. 516. Appointment of members of and functioning of advisory councils. 
Sec. 517. Other amendments relating to advisory councils. 
Sec. 518. Relation to other laws. 
Sec. 519. Office of Libraries and Learning Resources. 
TITLE VI—EXTENSION AND REVISION 
OF RELATED 
ELMENTARY 
AND SECONDARY EDUCATION PROGRAMS 
PART A—ADULT EDUCATION 
Sec. 601. Definition of "community school program". 
Sec. 602. Special projects reservation eliminated. 
Sec. 603. New State plan requirements. 
Sec. 604. Use of funds for special projects. 
Sec. 605. Clearinghouse on adult education. 
Sec. 606. State advisory councils. 
Sec. 607. Amendments relating to bilingual education. 
Sec. 608. Extension of authorizations of appropriations; technical amendments. 
Sec. 609. Effective dates. 
PART B—EDUCATION OF THE HANDICAPPED 
See. 611. Short title. 
Sec. 612. Bureau for the education and training of the handicapped. 
Sec. 613. Advisory Committee. 
Sec. 614. State entitlements. 
Sec. 615. Additional State plan requirement. 
See. 616. Regional education programs for deaf and other handicapped persons. 
Sec. 617. Centers and services 
Sec. 618. Personnel training. 
Sec. 619. Research. 
Sec. 620. Instructional media. 
Sec. 621. Specific learning disabilities. 
PART C—INDIAN EDUCATION 
Sec. 631. Extension of programs for the education of Indian children. 
Sec. 632. Revision of programs relating to Indian education. 
PART D—EMERGENCY SCHOOL AID 
Sec. 641. Extension of the Emergency School Aid Act. 
Sec. 642. Repeal of reservation for certain metropolitan projects. 
Sec. Q4S. Amendment with respect to eligibility. 
Sec. 644. Special projects for the teaching of mathematics. 
Sec. 645. Amendment relating to nonprofit groups. 
Sec. 646. Effective date. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
487 
PART E—NATIONAL DEIFENSE EDUCATION 
Sec. 651. Extension of title III. 
TITLE VII—NATIONAL READING IMPROVEMENT PROGRAM 
Sec. 701. Statement of purpose. 
PART A—'READING IMPROVEMENT PROJECTS 
Sec. 705. Projects authorized. 
PART B — S T A T E READING IMPROVEMENT PROGRAMS 
Sec. 711. Statement of purpose. 
Sec. 712. Applicability and effective date. 
Sec. 713. Allotments to States. 
Sec. 714. Agreements with State educational agencies. 
PART C—OTHER READING IMPROVEMENT PROGRAMS 
Sec. 721. Special emphasis projects. 
Sec. 722. Reading training on public television. 
Sec. 723. Reading academies. 
PART D—GENERAL PROVISIONS 
Sec. 731. Evaluation. 
Sec. 732. Authorization of appropriations. 
TITLE VIII—MISCELLANEOUS PROVISIONS 
PART A—POLICY STATEMENTS AND W H I T E HOUSE CONFERENCE ON EDUCATION 
Sec. 801. National policy with respect to equal educational opportunity. 
Sec. 802. Policy with respect to advance funding of education programs. 
Sec. 803. Policy of the United States with respect to museums as educational 
institutions. 
Sec. 804. White House Conference on Education. 
PART B—EDUCATIONAL STUDIES AND SURVEYS 
Sec. 821. Study of purposes and effectiveness of compensatory education pro-
grams. 
Sec. 822. Survey and study for updating number of children counted. 
Sec. 823. Study of the measure of poverty used under title I of the Elementary 
and Secondary Education Act of 1965. 
Sec. 824. Study of late funding of elementary and secondary education programs. 
Sec. 825. Safe school study. 
Sec. 826. Study of athletic injuries. 
PART C—AMENDMENTS TO THE HIGHER EDUCATION ACT OF 
1965 
Sec. 831. Community service and continuing education amendments. 
Sec. 832. Developing institutions amendment. 
Sec. 833. Bilingual education amendments. 
Sec. 834. Veterans cost of instruction payments amendments. 
Sec. 835. Teacher corps amendments. 
Sec. 836. Amendment to title IX respecting training in the legal profession. 
Sec. 837. Community college and occupational education amendment. 
PART D — O T H E R MISCELLANEOUS PROVISIONS 
Sec. 841. Amendments to the Library Services and Construction Act and the 
Vocational Education Act of 1963 relating to bilingual education and 
vocational training. 
Sec. 842. Assistance to States for State equalization plans. 
Sec. 843. Treatment of Puerto Rico as a State. 
Sec. 844. Provision relating to sex discrimination. 
Sec. 845. Extension of advisory councils. 
Sec. 846. Separability. 
488 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Definitions. 
Effective dates. 
20 u s e 241b 
note. 
GENERAL 
PROVISIONS 
SEC. 2. (a) As used in this Act— 
(1) the tei-m "Secretary" means the Secretary of Health, Edu-
catioji, and Welfare; 
(2) the term "Assistant Secretary" means the Assistant Secre-
tary of Health, Education, and Welfare for Education; and 
(3) the term "Conmiissioner" means the Commissioner of 
Education; 
unless the context of such use recjuires another meaning. 
(b) Unless otherwise specified, the redesignation of a title, part, sec-
tion, subsection, or other designation by any amendment in this Act 
shall include the redesignation of all references to such title, part, sec-
tion, subsection, or other designation in any Act or regulation, however 
styled. 
(c)(1) Unless otherwise specified, each provision of this Act and 
each amendment made by this Act shall be effective on and after the 
sixtieth day after the enactment of this Act. 
(2) In any case whore the effective date for an amendment made by 
this Act is expressly stated to be effective after June 30, 1973, or on 
July 1,1973, such amendment shall be deemed to have been enacted on 
June 30,1973. 
TITLE I—AMENDMENTS TO THE ELEMENTARY AND 
SECONDARY EDUCATION ACT OF 1965 
20 u s e 241b. 
AMENDMENTS TO TITLE I OF T H E ELEMENTARY AND SECONDARY EDUCATION 
ACT OF 1 9 6 5 
SPECIAL EDUCATIONAL PROGRAMS AND PROJECTS FOR EDU-
CATIONALLY DEPRIVED CHILDREN 
SEC. 101. (a) (1) Section 102 of title I of the Elementary and Sec-
ondary Education Act of 1965 is amended to read as follows: 
u 
20 u s e 241c. 
Appropriation. 
20 u s e 241c. 
Post, p. 500. 
Post, p. 494. 
DUIiATION OF ASSISTANCE 
"SEC. 102. During the period beginning July 1, 1973, and ending 
June 30, 1978, the Commissioner shall, in accordance with the provi-
sions of this title, make payments to State educational agencies for 
grants made on the basis of entitlements created under this title.". 
(2)(A)(i)(I) Such title 1 is amended by inserting immediately 
after the heading of part A the following new heading: 
"Subpart 1—Grants to Local Educational Agencies". 
(II) Section 103(a) of such title I is amended to read as follows: 
"SEC. 103. (a) (1) There is authorized to be appropriated for each 
fiscal year for the purpose of this paragraph 1 per centum of the 
amount appropriated for such year for payments to States under 
section 143 (a) (other than payments under such section to jurisdictions 
excluded from the term 'State' by this subsection, and payments 
pursuant to section 124), and there shall be authorized to be appro-
priated such additional sums as will assure at least the same level of 
funding under this title as in fiscal year 1973 for Guam, American 
Samoa, the Virgin Islands, the Trust Territory of the Pacific Islands, 
and to the Secretary of the Interior for payments pursuant to para-
graphs (1) and (2) of subsection (d). The amount appropriated pur-
suant to this paragraph shall be allotted by the Commissioner (A) 
among Guam, American Samoa, the Virgin Islands, and the Trust 
Territory of the Pacific Islands according to their respective need for 
grants under this part, and (B) to the Secretary of the Interior in the 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
489 
amount necessary (i) to make payments pursuant to paragraph (1) 
of subsection (d), and (ii) to make payments pursuant to paragraph 
(2) of subsection (d). The grant which a local educational agency in 
Guam, American Samoa, the Virgin Islands, and the Trust Territory 
of the Pacific Islands is eligible to receive shall be determined pur-
suant to such criteria as the Commissioner determines will best carry 
out the purposes of this title. 
"(2) In any case in which the Commissioner determines that satis- 
^ram formula. 
factory data for that purpose are available, the grant which a local 
educational agency in a State shall be eligible to receive under this sub-
part for a fiscal year shall (except as provided in paragraph (3)) be 
determined by multiplying the number of children counted under sub-
section (c) by 40 per centum of the amount determined under the next 
sentence. The amount determined imder this sentence shall be the 
average per pupil expenditure in the State except that (A) if the 
average per pupil expenditure in the State is less than 80 per centum 
of the average per pupil expenditure in the United States, such amount 
shall be 80 per centum of the average per pupil expenditure in the 
United States, or (B) if the average per pupil expenditure in the State 
is more than 120 per centum of the average per pupil expenditure in 
the United States, such amount shall be 120 per centum of the average 
per pupil expenditure in the United States. In any case in which such 
data are not available, subject to paragraph (3), the grant for any 
local educational agency in a State shall be determined on the bas^s of 
the aggregate amount of such grants for all such agencies in the county 
or counties in which the school district of the particular agency is 
located, which aggregate amount shall be equal to the aggregate 
amount determined under the two preceding sentences for such county 
or counties, and shall be allocated among those agencies upon such 
equitable basis as may be determined by the State educational agency 
in accordance with basic criteria prescribed by the Commissioner. 
"(3) (A) Upon determination by the State educational agency that 
Special educa-
a local educational agency in the State is unable or unwilling to pro-
vide for the special educational needs of children described in clause 
(C) of paragraph (1) of subsection (c), who are living in institutions 
for neglected or delinquent children, the State educational agency 
shall, if it assumes responsibility for the special educational needs of 
such children, be eligible to receive the portion of the allocation to 
such local educational agency which is attributable to such neglected 
or delinquent children, but if the State educational agency does not 
assume such responsibility, any other State or local public agency, as 
determined by regulations established by the Commissioner, which 
does assume such responsibility shall be eligible to receive such portion 
of the allocation. 
"(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 children who reside in the school district of another local 
educational agency, the State educational agency may allocate the 
amount of the grants for those agencies among them in such manner as 
it determines will best carry out the purposes of this title. 
"(C) The grant which Puerto Rico shall be eligible to receive under „f ""*„°^^,\^„°' 
this subpart for a fiscal year shall be the amount arrived at by multi- """* " "" " 
plying the number of children counted under subsection (c) by 40 per 
centum of (i) the average per pupil expenditure in Puerto Rico or (ii) 
in the case where such average per pupil expenditure is more than 120 
per centum of the average per pupil expenditure in the United States, 
120 per centum of the average per pupil expenditure in the United 
States. 
grant formula. 
490 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
"^'^'^•" 
"(4) For purposes of this subsection, the term 'State' does not 
include Guam, American Samoa, the Virgin Islands, and the Trust 
Territory of the Pacific Islands." 
20 use 241c. 
(ii) gection 103(b) of such title I is amended by striking out "aged 
five to seventeen, inclusive, described in clauses (A), (B), and (C) of 
the first sentence of paragraph (2) of subsection (a)" and inserting 
in lieu thereof "counted under subsection (c)". 
(B) Section 103(c) of such title I is amended to read as follows: 
"(c) (1) The number of children to be counted for purposes of this 
section is the aggregate of (A) the number of children aged five to 
seventeen, inclusive, in the school district of the local educational 
agency from families below the poverty level as determined under 
paragraph (2) (A), (B) two-thirds of the number of children aged 
five to seventeen, inclusive, in the school district of such agency from 
families above the poverty level as determined under paragraph (2) 
(B), and (C) the number of children aged five to seventeen, inclusive, 
in the school district of such agency living in institutions for neglected 
or delinquent children (other than such institutions operated by the 
Post, p. 494. 
United States) but not counted pursuant to section 123 for the pur-
poses of a grant to a State agency, or being supported in foster homes 
with public funds.". 
(C) (i) Subsection (d) of section 103 is redesignated as paragraph 
(2) of subsection (c). 
^"P'^' 
(ii) The first sentence of such paragraph (2), as redesignated by 
this section, is amended to read as follows: 
" (A) For the purposes of this section, the Commissioner shall deter-
mine the number of children aged five to seventeen, inclusive, from 
families below the poverty level on the basis of the most recent satis-
factory data available from the Department of Commerce for local 
educational agencies (or, if such data are not available for such agen-
cies, for counties); and in determining the families which are below 
the poverty level, the Commissioner shall utilize the criteria of poverty 
used by the Bureau of the Census in compiling the 1970 decennial 
census.". 
R^p^^i- 
(iii) The second sentence of paragraph (2) of such subsection (c) 
(as redesignated by this section) is repealed. 
^"P^^' 
(iv) The third sentence of such paragraph (2) is amended to read 
as follows: 
"(B) For purposes of this section, the Secretary of Health, Educa-
tion, and Welfare shall determine the number of children aged five to 
seventeen, inclusive, from families above the poverty level on the basis 
of the number of such children from families receiving an annual 
income, in excess of the current criteria of poverty, from payments 
under the program of aid toi families with dependent children under a 
42 use 601. 
State plan approved under title IV of the Social Security Act; and in 
making such determinations the Secretary shall utilize the criteria of 
poverty used by the Bureau of the Census in compiling the 1970 
decennial census for a nonfarm family of four in such form as those 
criteria have been updated by increases in the Consumer Price Index. 
The Secretary shall determine the number of such children and the 
number of children of such ages living in institutions for nearlected or 
delinquent children, or being supported in foster homes with public 
funds, on the basis of the caseload data for the month of January of 
the preceding fiscal year (using, in the case of children described in the 
preceding sentence, the criteria of poverty and the form of such criteria 
required by such sentence which were determined for the second cal-
endar year preceding such month of January) or, to the extent that 
such data are not available to him before April 1 of the calendar year 
Ante, p. 490. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
491 
in which the Secretary's determination is made, then on the basis of 
the most recent reliable data available to him at the time of such 
determination.". 
(v) The fourth sentence of such paragraph (2) (as redesignated by 
this section) is amended by striking out the word "When" and insert-
ing in lieu thereof the following: 
"(C)When"; 
and by striking out "having an annual income less than the low-income 
factor (established pursuant to subsection (c))" and inserting in lieu 
thereof "below the poverty level (as determined under paragraph (A) 
of this subsection)". 
(vi) Section 103 (e) of such title I is repealed. 
fo''Js^c 24ir 
(D) Section 103 of such title I is amended by adding at the end 
out-of-state " 
t h e r e o f t h e f o l l o w i n g : 
Indian children, 
"(d) (1) From the amount allotted for payments to the Secretary p^>""^"t^-
of the Interior under clause (B) (i) in the second sentence of sub-
section (a) (1), the Secretary of the Interior shall make payments to 
local educational agencies, upon such terms as the Commissioner deter-
mines will best carry out the purposes of this title, with respect to 
out-of-State Indian children in the elementary and secondary schools 
of such agencies under special contracts with the Department of the 
Interior. The amount of such payment may not exceed, for each such 
child, 40 per centum of (A) the average per pupil expenditure in the 
State in which the agency is located or (B) 120 per centum of such 
expenditure in the United States, whichever is the greater. 
"(2) The amount allotted for payments to the Secretary of the 
Interior under clause (B) (ii) in the second sentence of subsection (a) 
(1) for any fiscal year shall be, as determined pursuant to criteria 
established by the Commissioner, the amount necessary to meet the 
special educational needs of educationally deprived Indian children 
on reservations serviced by elementary and secondary schools operated 
for Indian children by the Department of the Interior. Such pay-
ments shall be made pursuant to an agreement between the Commis-
sioner and the Secretary containing such assurances and terms as the 
Commissioner determines will best achieve the purposes of this title. 
Such agr-eement shall contain (A) an assurance that payments made 
pursuant to this subparagraph will be used solely for programs and 
projects approved by the Secretary of the Interior which meet the 
applicable requirements of section 141(a) and that the Department of 
^°^^' P* '*^^* 
the Interior will comply in all other respects with the requirements of 
this title, and (B) provision for carrying out the applicable provisions 
of sections 141 (a) and 142(a) (3).". 
20 use 24ie, 
(E) Such title I is amended by inserting at the end of part A the ^'*2o"usc 24ia 
following: 
note. 
"Subpart 2—State Operated Programs 
"PROGRAMS FOR HANDICAPPED CHILDREN 
"SEC. 121. (a) A State agency which is directly responsible for pro- 
crams. 
viding free public education for handicapped children (including 
mentally retarded, hard of hearing, deaf, speech impaired, visually 
handicapped, seriously emotionally disturbed, crippled, or other health 
impaired children who by reason thereof require special education), 
shall be eligible to receive a grant under this section for any fiscal year. 
"(b) Except as provided in sections 124 and 125, the grant which ^„^°^'' PP- '*^'*' 
an agency (other than the agency for Puerto Rico) shall be eligible to 
receive under this section shall be an amount equal to 40 per centum of 
the average per pupil expenditure in the State (or (1) in the case 
where the average per pupil expenditure in the State is less than 80 
495. 
492 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Grants, use 
limitation. 
per centum of the average per pupil expenditure in the United States, 
of 80 per centum of the average per pupil expenditure in the United 
States, or (2) in the case where the average per pupil expenditure in 
the State is more than 120 per centum of the average per pupil expendi-
ture in the United States, of 120 per centum of the average per pupil 
expenditure in the United States), multiplied by the number of such 
children in average daily attendance, as determined by the Commis-
sioner, at schools for handicapped children operated or supported by 
the State agency, including schools providing special education for 
handicapped children under contract or other arrangement with such 
State agency, in the most recent fiscal year for which satisfactory data 
are available. The grant which Puerto Rico shall be eligible to receive 
under this section shall be the amount arrived at by multiplying the 
number of children in Puerto Rico counted as provided in the preced-
ing sentence by 40 per centum of (1) the average per pupil expenditure 
in Puerto Rico or (2) in the case where such average per pupil expendi-
ture is more than 120 per centum of the average per pupil expenditure 
in the United States, 120 per centum of the average per pupil expendi-
ture in the United States. 
"(c) A State agency shall use the payments made under this section 
only for programs and projects (including the acquisition of equip-
ment and, where necessary, the construction of school facilities) which 
are designed to meet the special educational needs of such children, 
and the State agency shall pi-ovide assurances to the Commissioner that 
each such child in average daily attendance counted under subsection 
(b) will be provided with such a program, commensurate with his 
special needs, during any fiscal year for which such payments are 
made. 
"(d) In the case where such a child leaves an educational program 
for handicapped children operated or supported by the State agency 
in order to participate in such a program operated or supported by a 
local educational agency, such child shall be counted under subsection 
(b) if (1) he continues to receive an appropriately designed educa-
tional program and (2) the State agency transfers to the local educa-
tional agency in whose program such child participates an amount 
equal to the sums received by such State agency under this section 
which are attributable to such child, to be used for the purposes set 
forth in subsection (c). 
u 
Grants. 
20 u s e 241C-2. 
Application, 
approval. 
PROGRAMS FOR MIGRATORY CHILDREN 
"SEC. 122. (a) (1) A State educational agency or a combination of 
such agencies, upon application, shall be entitled to receive a grant for 
any fiscal year under this section to establish or improve, either di-
rectly or through local educational agencies, programs of education for 
migratory children of migratory agricultural workers or of migratory 
fishermen. The Commissioner may approve such an application 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 ag-
ricultural workers or of migratory fishermen, and to coordinate 
these programs and projects with similar programs and projects 
in other States, including the transmittal of pertinent informa-
tion 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 with pro-
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
493 
grams administered under part B of title I I I of the Economic 
Opportunity Act of 1964; 
. . 
^^ "^^ ^*^' * 
"(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 (3) through (12) of section 141(a); and 
Post. p. 496. 
"(D) that, in planning and carrying out programs and projects, 
there has been adequate assurance that provision will be made for 
the preschool educational needs of migratory children of migra-
tory agricultural workers or of migratory fishermen, whenever 
such agency determines that compliance with this clause will not 
detract from the operation of programs and projects described in 
clause (A) of this paragraph after considering the funds available 
for this purpose. 
The Commissioner shall not finally disapprove an application of a 
State educational agency under this paragraph except after reasonable 
notice and opportunity for a hearing to the State educational agency. 
"(2) If the Commissioner determines that a State is unable or 
unwilling to conduct educational programs for migratory children of 
migratory agricultural workers or or migratory fishermen, 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 special arrangements with other public or 
nonprofit private agencies to carry out the purposes of this section in 
one or more States, and for this purpose he may use all or part of the 
total of grants available for any such State under this section. 
"(3) For purposes of this section, with the concurrence of his par-
ents, a migratory child of a migratory agricultural worker or of a 
migratory fisherman shall be deemed to continue to be such a child 
for a period, not in excess of five years, during which he resides in the 
area served by the agency carrying on a program or project under 
this subsection. Such children who are presently migrant, as deter-
mined pursuant to regulations of the Commissioner, shall be given 
priority in this consideration of programs and activities contained in 
applications submitted under this subsection. 
"(b) Except as provided in sections 124 and 125, the total grants ^bTiu"*^'^''^"" 
which shall be made available for use in any State (other than Puerto ^ polt] pp. 494, 
Eico) for this section shall be an amount equal to 40 per centum of '^^^• 
the average per pupil expenditure in the State (or (1) in the case 
where the average per pupil expenditure in the State is less than 80 
per centum of the average per pupil expenditure in the United States, 
of 80 per centum of the average per pupil expenditure in the United 
States, or (2) in the case where the average per pupil expenditure in 
the State is more than 120 per centum of the average per pupil 
expenditure in the United States, of 120 per centum of the average per 
pupil expenditure in the United States) multiplied by (1) the esti-
mated number of such migratory children aged five to seventeen, 
inclusive, who reside in the State full time, and (2) 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 deter-
mined by the Commissioner in accordance with regulations, except 
that if, in the case of any State, such amount exceeds the amount 
required under subsection (a), the Commissioner shall allocate such 
excess, to the extent necessary, to other States whose total of grants 
under this sentence would otherwise be insufficient for all such chil-
dren to be served in such other States. The total grant which shall be 
made available for use in Puerto Rico shall be arrived at by multiply-
ing the number of children in Puerto Rico counted as provided in the 
preceding sentence by 40 per centum of (1) the average per pupil 
expenditure in Puerto Rico or (2) in the case where such average per 
494 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Grants. 
20 u s e 241C-3. 
Infra. 
Post, 
p. 495. 
Grants, use 
limitation. 
pupil expenditure is more than 120 per centum of the average per 
pupil expenditure in the United States, 120 per centum of the average 
per pupil expenditure in the United States. In determining the num-
ber of migrant children for the purposes of this section the Commis-
sioner shall use statistics made available by the migrant student record 
transfer system or such other system as he may determine most accu-
rately and fully reflects the actual number of migrant students. 
"PROGRAMS FOR NEGLECTED OR DELINQUENT CHILDREN 
"SEC. 123. (a) A State agency which is directly responsible for pro-
viding free public education for children in institutions for neglected 
or delinquent children or in adult correctional institutions shall be 
entitled to receive a grant under this section for any fiscal year (but 
only if grants received under this section are used only for children 
in such institutions). 
"(b) Except as provided in sections 124 and 125, the grant which 
such an agency (other than the agency for Puerto Rico) shall be eli-
gible to receive shall be an amount equal to 40 per centum of the aver-
age per pupil expenditure in the State (or (1) in the case where the 
average per pupil expenditure in the State is less than 80 per centum 
of the average per pupil expenditure in the United States, of 80 per 
centum of the average per pupil expenditure in the United States, or 
(2) in the case where the average per pupil expenditure in the State is 
more than 120 per centum of the average per pupil expenditure in the 
United States, of 120 per centum of the average per pupil expenditure 
in the United States) 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 agency, includ-
ing schools providing education for such children under contract or 
other arrangement with such agency, in the most recent fiscal year for 
which satisfactory data are available. The grant which Pvierto Rico 
shall be eligible to receive under this section shall be the amount 
arrived at by multiplying the number of children in Puerto Rico 
counted as provided in the preceding sentence by 40 per centum of 
(1) the average per pupil expenditure in Puerto Rico or (2) in the 
case where such average per pupil expenditure is more than 120 per 
centum of the average per pupil expenditure in the United States, 
120 per centum of the average per pupil expenditure in the United 
States. 
"(c) A State agency shall use payments under this section only 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 such children. 
Appropriation. 
20 u s e 241C-4. 
Ante, 
pp. 491, 
492. 
Supra. 
"RESERVATION or FUNDS FOR TI<:RRITORIE8 
"SEC. 124. There is authorized to be appropriated for each fiscal 
year for purposes of each of sections 121,122, and 123, an amount equal 
to not more than 1 per centum of the amount appropriated for such 
year for such sections for payments to Guam, American Samoa, the 
Virgin Islands, and the Trust Territory of the Pacific Islands under 
each such section. The amounts appropriated for each such section 
shall be allotted among Guam, American Samoa, the Virgin Islands, 
and the Trust Territory of the Pacific Islands according to their 
respective need for such grants, based on such criteria as the Commis-
sioner determines will best carry out the purposes of this title. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
495 
(( 
20 use 241d-ll. 
MINIMUM PAYMENTS FOR STATE OPERATED PROGRAMS 
"SEC. 125. Except as provided in section 843 of the Education 
p^^"^'^ ^6u'^' 
Amendments of 1974, no State agency shall receive in any fiscal year 
Ante', pp. 491, 
prior to July 1, 1978, pursuant to sections 121, 122, or 123 an amount ^92, 494. 
which is less than 100 per centum of the amount which that State 
agency received in the prior fiscal year pursuant to such sections 121, 
122, or 123, respectively.". 
(3) Section 121 of such title I and all references thereto are redesig- 
20 use 24id. 
nated as section 126. 
(4) (A) Part C of such title I is amended to read as follows: 
"PART C—SPECIAL GRANTS 
" E L I G I B I L I T Y A N D MAXIMUM AMOUNT OF SPECIAL GRANTS 
"SEC. 131. (a) Each local educational agency in a State which is 
eligible for a grant under this title for any fiscal year shall be entitled 
to an additional grant for that fiscal year if it meets the requirements 
of subsection (b). The amount of such grant shall be determined in 
accordance with subsection (c). 
"(b)(1) A local educational agency shall be entitled to a grant 
under this part for any fiscal year if the school district of such agency 
is located in a county in which— 
"(A) the number of children described in paragraph (2) for 
such year amounts to at least 200 per centum of the average 
number of such children in all counties in the State in which such 
agency is located for that fiscal year; or 
"(B) the number of children so described in such county for 
such year is 10,000 and amounts to 5 per centum of the total 
number of children in such county. 
"(2) For the purposes of paragraph (1), the children counted with 
respect to a local educational agency shall be those children in the such 
county who are— 
"(A) in families having an annual income of $3,000 or less; or 
"(B) in families receiving an annual income in excess of $3,000 
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 for neglected or delinquent children 
or being supported in foster homes with public funds. 
"(3) (A) Determinations with respect to numbers of children in 
any county under paragraph (2) shall be made by the Commissioner 
on the basis of the most recent satisfactory data available to him. 
"(B) (i) The number of children determined with respect to one 
or more counties shall be allocated by the Commissioner, for the pur-
poses of paragraph (2), among the local educational agencies with 
school districts located in such county or counties. 
" (ii) In any case where— 
"(I) two or more local educational agencies serve, in whole or 
in part, the same geographical area; or 
"(II) a local educational agency provides free public education 
for a substantial number of children who reside in the school 
district of another local educational agency, 
the Commissioner may allocate the number of children determined 
under this subsection among such agencies in such a manner as will 
best achieve the purposes of this section. 
"(C) (i) For the purposes of paragraph (2), the Commissioner shall 
determine the number of children from families having an annual 
income of $3,000 or less on the basis of the most recent satisfactory 
42 use 601. 
496 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
42 u s e 601. 
Grant formula. 
Payments, 
limitation. 
Appropriation. 
" S t a t e . " 
"Children." 
Repeal; effec-
tive date. 
Ante, p. 495. 
Excess costs. 
20 u s e 241e. 
data available from the Department of Commerce. At any time such 
data for a county are available in the Department of Commerce, such 
data shall be used in making calculations under this subsection. 
"(ii) For the purposes of this subsection, the Secretary of Health, 
Education, and Welfare shall determine the number of children from 
families receiving an annual income in excess of $3,000 from pay-
ments under the program of aid to families with dependent children 
under a State plan approved under title IV of the Social Security Act 
and the number of children living in institutions for neglected or 
delinquent children or being supported in foster homes with public 
funds, on the basis of caseload data for the month of January of the 
preceding fiscal year, or to the extent that such data are not available 
to him before April 1 of the calendar year in which the determination 
is made, then on the basis of the most recent data available to him 
at the time of such determination. For the purposes of this subsection, 
the Secretary shall consider all children who are in correctional insti-
tutions to be living in institutions for delinquent children. 
"(c) The amount of the grant to which a local educational agency 
shall be entitled for any fiscal year shall be— 
"(A) the number of children determined with respect'to such 
agency under subsection (b); 
multiplied by— 
"(B) 50 per centum of the average per pupil expenditure of 
all the local educational agencies in the State in which such 
agency is located. 
"(d) Notwithstanding any other provision of this section, no 
payments for any fiscal year under this part to the local educational 
agencies in a single State shall exceed 12 per centum of the aggregate 
payments to all local educational agencies in that year under this part. 
"(e)(1) The aggregate of the amount for which all local 
educational agencies are eligible under this part shall not exceed 
$75,000,000 for any fiscal year. If, for any fiscal year, such aggregate, 
as computed without regard to the preceding sentence, exceeds 
$75,000,000, the amount for which each local educational agency is 
eligible shall be reduced ratably until such aggregate does not exceed 
such limitation. 
"(2) For the purpose of making payments under this part there 
are authorized to be appropriated not in excess of $75,000,000 for the 
fiscal year ending June 30,1975. 
"(f) For the purposes of this section, the term— 
"(1) 'State' means the fifty States and the District of Colum-
bia; and 
"(2) 'children' includes all children aged five through seven-
teen, inclusive.". 
(B) Effective July 1, 1975, part C of such title I is repealed. 
(5) (A) Section 141(a) (1) of such title I is amended by striking 
out so much thereof as precedes clause (B) and inserting in lieu 
thereof the following: 
"(1) that payments under this title will be used for the excess 
costs of programs and projects (including the acquisition of 
equipment, payments to teachers of amounts in excess of regular 
salary schedules as a bonus for service in schools eligible for 
assistance under this title, the training of teachers, and, where 
necessary, the construction of school facilities and plans made or 
to be made for such programs, projects, and facilities) (A) which 
are designed to meet the special educational needs of educationally 
deprived children in school attendance areas having high con-
centrations of children from low-income families and". 
(B) Section 141(a)(1)(A) of such title I is amended by adding 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
497 
before the "and" at the end thereof the following: " (and at the discre-
tion of the local educational agency, in any school of such agency not 
located in such a school attendance area, at which the proportion of 
children in actual average daily attendance from low-income families 
is substantially the same as the proportion of such children in such 
an area of that agency)". 
(C) Section 141 (a) (2) of such title I is amended to read as follows: 
^o use 24ie. 
"(2) that the local educational agency has provided satisfac-
tory assurance that section 141A will be complied with;". 
^"^''^^ 
(D) Section 141 (a) of such title I is amended by striking out "and" 
after paragraph (12), and by striking out paragraph (13), and insert-
ing in lieu thereof the following: 
"(13) that, where a school attendance area does not meet the 
requirement of paragraph (1) (A) of this subsection for a fiscal 
year, or in the case of a local educational agency electing to allo-
cate funds under section 140, where such an area does not meet 
the requirement of that section, but did meet the appropriate 
requirement in either of the two preceding fiscal years, that school 
attendance area shall be considered to meet the applicable crite-
rion for that fiscal year; and 
"(14) that the local educational agency shall establish an advi- ^.fg*^^'^"""^ ''°""' 
sory council for the entire school district and shall establish an 
Establishment. 
advisory council for each school of such agency served by a pro-
gram or project assisted under section 143(a) (2), each of which 
^° ^^^ ^'^^s-
advisory councils— 
"(A) has as a majority of its members parents of the chil-
dren to be served, 
"(B) is composed of members selected by the parents in 
each school attendance area, 
"(C) has been given responsibility by such agency for 
advising it in the planning for, and the implementation and 
evaluation of, such programs and projects, and 
"(D) is provided by such agencv, in accordance with regu-
lations of the Commissioner, with access to appropriate 
information concerning such programs and projects." 
(E) Section 141 of such title I is amended by striking out subsec-
tion (c), by redesignating subsection (b) as subsection (c), and by 
inserting after subsection (a) the following new subsection: 
"(b) It is the intent of the Congress to encourage, where feasible, 
the development for each educationally deprived child participating 
in a program under this title of an individualized written educational 
plan (maintained and periodically evaluated), agreed upon jointly 
by the local educational agency, a parent or guardian of the child, and 
when appropriate, the child." 
(6) Such title I is amended by inserting immediately after section 
141 the following new section: 
"PARTICIPATION or CHILDREN ENROLLED IN PRIVATE SCHOOLS 
"SEC. 141A. (a) To the extent consistent with the number of educa- 
^° ^^^ 241 e-i. 
tionally deprived children in the school district of the local educational 
agency who are enrolled in private elementary and secondary schools, 
such agency shall make provision for including special educational 
services and arrangements (such as dual enrollment, educational radio 
and television, and mobile educational services and equipment) in 
which such children can participate and meeting the requirements of 
clauses (A) and (B) of paragraph (1) of subsection (a) of section 
141, paragraph (2) of subsection (a) of such section, and clauses (A) 
and (B) of paragraph (3) of subsection (a) of such section 141. 
"(b)(1) If a local educational agency is prohibited by law from 
498 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Waiver, 
Ante, 
p. 497. 
Costs, payment. 
Notice and 
hearing. 
Judicial review. 
Jurisdiction. 
Appropriation 
adjustments. 
20 u s e 241h. 
Ante, 
pp. 
492, 494. 
491, 
20 
use 241c. 
20 
use 241d. 
providing for the participation in special programs for educationally 
deprived children enrolled in private elementary and secondary schools 
as required by subsection (a), the Commissioner shall waive such 
requirement and the provisions of section 141 (a) (2), and shall arrange 
for the provision of services to such children through arrangements 
which shall be subject to the requirements of subsection (a). 
" (2) If the Commissioner determines that a local educational agency 
has substantially failed to provide for the participation on an equitable 
basis of educationally deprived children enrolled in private elementary 
and secondary schools as required by subsection (a), he shall arrange 
for the provision of services to such children through arrangements 
which shall be subject to the requirements of subsection (a), upon 
which determination the provisions of paragraph (a) and section 141 
(a) (2) shall be waived. 
"(3) When the Commissioner arranges for services pursuant to this 
section, he shall, after consultation with the appropriate public and 
private school officials, pay the cost of such services from the appro-
priate allocation or allocations under this title. 
"(4) (A) the Commissioner shall not take any final action under 
this section until he has afforded the State educational agency and 
local educational agency affected by such action at least sixty days 
notice of his proposed action and an opportunity for a hearing with 
respect thereto on the record. 
"(B) If a State or local educational agency is dissatisfied with the 
Commissioner's final action after a hearing under subparagraph (A) 
of this paragraph, it 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. 
"(C) The findings of fact by the Commissioner, 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 evi-
dence, 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 
evidence, 
"(D) 
Upon the filing of such petition, the court shall have juris-
diction 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 certifica-
tion as provided in section 1254 of title 28, United States Code.". 
(7) Section 144 of such title I is amended by striking out the first 
sentence and inserting in lieu thereof the following: "If the sums 
appropriated for any fiscal year for making the payments provided in 
this title are not sufficient to pay in full the total amounts which all 
local and State educational agencies are entitled to receive under this 
title for such year, the amount available for each grant to a State 
agency eligible for a grant under section 121, 122, or 123 shall be 
equal to the total amount of the grant as computed under each such 
section. If the remainder of such sums available after the application 
of the preceding sentence is not sufficient to pay in full the total 
amounts which all local educational agencies are entitled to receive 
under part A of this title for such year, the allocations to such agencies 
and allocations under part B shall, subject to adjustments under the 
next sentence, be ratably reduced to the extent necessary to bring the 
aggregate of such allocations within the limits of the amount so appro-
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
499 
priated, except that entitlements under such part B shall be taken 
into consideration only to the extent that appropriations for such title 
I (excluding part C thereof) exceed $1,396,975,000 for any fiscal year 
and such entitlements shall not exceed $50,000,000 in any fiscal year. 
The allocation of a local educational agency which would be reduced 
under the preceding sentence to less than 85 per centum of its alloca-
tion under part A for the preceding fiscal year, shall be increased to 
such amount, the total of the increases thereby required bein^ derived 
by proportionately reducing the allocations of the remainmg local 
educational agencies, under the preceding sentence, but with such 
adjustments as may be necessary to prevent the allocation to any 
remaining local educational agency from being thereby reduced to 
less than 85 per centum of its allocation for such year. If the aggregate 
of the amounts to which all States are entitled under such part B 
exceeds $50,000,000 the entitlement of each State shall be reduced 
ratably until such aggregate does not exceed $50,000,000 in such fiscal 
year.". 
(8) Section 150 of such title I is redesignated as section 152, and 
such title I is further amended by adding immediately after section 
149 the following: new sections: 
Ante, 
p. 495, 
20 u s e 241c 
20 u s e 241a 
note. 
"ALLOCATION 
OF FUNDS 
W I T H I N 
T H E 
SCHOOL 
DISTRICT 
OF A 
LOCAL 
EDUCATIONAL AGENCY 
"SEC. 150. (a) For any fiscal year not more than 20 local educational 
agencies selected for the purpose of section 821(a) (5) of the Educa-
tion Amendments of 1974 may elect, with the approval of the district-
wide parent advisory council which is required to be established under 
section 141(a) (14) of this title, to allocate funds received from pay-
ments under this title on the basis of a method or combination of 
methods other than the method provided under section 141(a) (1) (A). 
Any method selected pursuant to this section shall be so designed and 
administered as to be free from racial or cultural discrimination. 
"(b) Any local educational agency to which this section applies shall 
submit such reports to the Director of the National Institute of Educa-
tion at such time and in such manner as the Director may reasonably 
require to carry out his responsibilities under section 821(a)(5) of 
the Education Amendments of 1974. 
20 u s e 241n. 
Post, 
p. 599. 
Ante, p. 497. 
Ante, 
p. 496. 
Reports to 
Director of the 
National Institute 
of Education. 
(( 
PROGRAM EVALUATION 
"SEC. 151. (a) The Conimissioner shall provide for independent 
evaluations which describe and measure the impact of programs and 
projects assisted under this title. Such evaluations may be provided by 
contract or other arrangements, and all such evaluations shall be made 
by competent and independent persons, and shall include, whenever 
possible, opinions obtained from program or project participants 
about the strengths and weaknesses of such programs or projects. 
"(b) The Commissioner shall develop and publish standards for 
evaluation of program or project effectiveness in achieving the 
objectives of this title. 
"(c) The Commissioner shall, where appropriate, consult with State 
agencies in order to provide for jointly sponsored objective evaluation 
studies of programs and projects assisted under this title within a 
State. 
"(d) The Commissioner shall provide to State educational agencies, 
models for evaluations of all programs conducted under this title, for 
their use in carrying out their functions under section 143(a), which 
shall include uniform procedures and criteria to be utilized by local 
20 
use 
2410. 
20 
use 
241g. 
500 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Technical 
assistance. 
Report to con-
gressional com-
mittees. 
Annual reports. 
Information 
gathering and 
dissemination 
systems. 
Appropriations, 
limitation. 
Post, p. 599. 
20 u s e 241e. 
20 u s e 1221 
note. 
20 u s e 241e. 
20 u s e 241g. 
20 u s e 241f. 
Ante, p. 492. 
20 u s e 241h. 
educational agencies, as well as by the State agency in the evaluation 
of such programs. 
"(e) The Commissioner shall provide such technical and other 
assistance as may be necessary to State educational agencies to enable 
them to assist local educational agencies in the development and appli-
cation of a systematic evaluation of programs in accordance with the 
models developed by the Commissioner. 
"(f) The models developed by the Commissioner shall specify 
objective criteria which shall be utilized in the evaluation of all pro-
grams and shall outline techniques (such as longitudinal studies of 
children involved in such programs) and methodology (such as the use 
of tests which yield comparable results) for producing data which are 
comparable on a statewide and nationwide basis. 
"(g) The Commissioner shall make a report to the respective com-
mittees of the Congress having legislative jurisdiction over programs 
authorized by this title and the respective Committees on Appropria-
tions concerning his progress in carrying out this section not later 
than January 31, 1975, and thereafter he shall report to such commit-
tees no later than January 31 of each calendar year the results of the 
evaluations of programs and projects required under this section, 
which shall be comprehensive and detailed, as up-to-date as possible, 
and based to the maximum extent possible on objective measurements, 
together with any other related findings and evaluations, and his 
recommendations with respect to legislation. 
"(h) The Commissioner shall also develop a system for the gather-
ing and dissemination of results of evaluations and for the identifica-
tion of exemplary programs and projects, or of particularly effective 
elements of programs and projects, and for the dissemination of 
information concerning such programs and projects or such elements 
thereof to State and local educational agencies responsible for the 
design and conduct of programs and projects under this title, and 
to the education profession and the general public. 
"(i) The Commissioner is authorized, out of funds appropriated to 
carry out this title in any fiscal year, to expend such sums as may be 
necessary to carry out the provisions of this section, but not to exceed 
one-half of 1 per centum of the amount appropriated for such program, 
of which $5,000,000 for each fiscal year ending prior to July 1, 1977, 
shall be available only for the surveys and studies authorized by sec-
tion 821 of the Education Amendments of 1974.". 
(9) (A) Section 141(a) (4) of such title is amended by striking out 
"section 145" and inserting in lieu thereof "section 433 of the General 
Education Provisions Act". 
(B) Section 141 (a)(1)(B) of such title is amended by striking out 
"maximum". 
(C) Section 143(a)(2) of such title is amended by striking out 
"maximum". 
(D) Section 142 of such title is amended by striking out "described 
in section 141(c)" and inserting in lieu thereof "provided for in sec-
tion 122". 
(E) Section 142(a) (1) of such title is amended by striking out "sec-
tion 103(a) (5)" and inserting in lieu thereof "section 121". 
(F) Section 143(a) (2) of such title is amended by striking out "or 
section 131". 
(G) Section 143(b) (1) of such title is amended to read as follows: 
"(1) 1 per centum of the amount allocated to the State and its 
local educational agencies as determined for that year under this 
title; or". 
(H) The third and fourth sentences of section 144 of such title are 
each amended by striking out "section 103 (a) (6)" and inserting in lieu 
thereof "section 122". 
88 STAT. ] 
PUBLIC LAW 93-380-^AUG. 21, 1974 
501 
(I) Section 146 of such title is amended by striking out ''section 141 ^° "^^ ^''^J-
(c)" and inserting in lieu thereof "section 122". 
'^"^^' P* ^^^•• 
(J) Section 147 of such title is amended by striking out "section 141 
^o use 241 k. 
(c)" and inserting in lieu thereof "section 122". 
(K) Section 403 of the Act of September 30,1950 (Public Law 874, 
^o use 244. 
Eighty-first Congress), is amended by adding at the end thereof the 
following new paragraphs: 
"(16) For purposes of title II, the 'average per pupil expenditure' Jfi^ex^end^i!' 
in a State, or in the United States, shall be the aggregate current ture." 
expenditures, during the second fiscal year preceding the fiscal year 
for which the computation is made (or if satisfactory data for that 
year are not available at the time of computation, then during the 
most recent preceding fiscal year for which satisfactory data are 
available), of all local educational agencies as defined in section 
403(6) (B) in the State, or in the United States (which for the pur-
poses of this subsection means the fifty States, and the District of 
Columbia), as the case may be, plus any direct current expenditures 
by the State for operation of such agencies (without regard to the 
source of funds from which either of such expenditures are made), 
divided by the aggregate number- of childien in average daily attend-
ance to whom such agencies provided free public education during 
such preceding year. 
"(17) For the purposes of title II, 'excess costs' means those costs 
"Excess 
directly attributable to programs and projects which exceed the aver-
age per pupil expenditure of a local educational agency in the most 
recent year for which satisfactory data are available for pupils in the 
grade or grades included in such programs or projects (but not 
including expenditures for any comparable State or local special pro-
grams for educationally deprived children or expenditures for 
bilingual programs or special education for handicapped children or 
children with specific learning disabilities, if such expenditures for 
bilingual education and special education are used to provide, to 
children of limited English-speaking ability and handicapped chil-
dren, and children with specific learning disabilities who reside in 
title I project areas, services which are comparable to those provided 
to similarly disadvantaged children residing in nonproject areas).". 
(10) There is authorized to be appropriated for each fiscal year a 
Appropriation. 
sum not to exceed $15,700,000 to be allocated at the discretion of the 
2ouse24ib.i. 
Commissioner to assist those local education agencies whose total allo-
cation under part A of title I of the Elementary and Secondary Edn- 
20 use 241c. 
cation Act of 1965 is 90 per centum or less than such allocation under 
such part A during the preceding fiscal year. 
(b) Except as otherwise specifically provided, the amendments 
Effective date. 
made by subsection (a) and the provisions of paragraph (10) of such 
subsection shall be effective on and after July 1, 1974. 
20 u s e 241b 
note. 
SCHOOL LIBRARY RESOURCES, TEXTBOOKS, AND OTHER INSTRUCTIONAL 
MATERIALS 
SEC. 102. (a) Section 201(b) of the Elementary and Secondary 
20 use 821. 
Education Act of 1965 is amended by inserting before the period at 
the end thereof the following: ", and each of the five succeeding fiscal 
years, except that no funds are authorized to be appropriated for 
obligation by the Commissioner during any year for which funds are 
available for obligation by the Commissioner for carrying out part B 
of title IV". 
38-194 O - 76 - 35 Pt. 1 
502 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
20 use 822. 
Effective date. 
20 use 821 
note. 
(b) The third sentence of section 202(a) (1) of the Act is amended 
by striking out "for the fiscal year ending June 30, 1968, and each of 
the succeeding fiscal years ending prior to July 1, 1973,". 
(c) The amendments made by this section shall be effective on and 
after July 1,1973. 
20 use 841, 
20 use 842. 
20 use 844a. 
20 use 845. 
Notice and 
hearing. 
Judicial review. 
Jurisdiction. 
Effective date. 
20 use 841 
note. 
SUPPLEMENTARY EDUCATIONAL CENTERS AND SER VOICES; GUIDANCE, 
COUNSELING, AND TESTING 
SEC. 103. (a) (1) The first sentence of section 301(b) of the Elemen-
tary and Secondary Education Act of 1965 is amended by inserting 
before the period at the end thereof the following: ", and each of the 
five succeeding fiscal years, except that no funds are authorized to be 
appropriated for obligation by the Commissioner during any year for 
which funds are available for obligation by the Commissioner for 
carrying out part C of title IV". 
(2) The second sentence of such Act is amended by inserting before 
the period at the end thereof the following: ", and each of the five 
succeeding fiscal years, except that no funds are authorized to be 
appropriated for obligation by the Commissioner during any year for 
which funds are available for obligation by the Commissioner for 
carrying out part C of title IV". 
(b) The third sentence of section 302(a) (1) of such Act is amended 
by striking out "for each fiscal year ending prior to July 1, 1973,". 
(^c) The first sentence of section 305(c) of the Act is amended by 
striking out "1973" and inserting in lieu thereof "1978". 
(d) Section 307 of such Act is amended by adding at the end there-
of the following new subsection: 
"(g)(1) The Commissioner shall not take any final action under 
subsection (f) until he has afforded the State educational agency and 
the local educational agency affected by such action at least sixty days 
notice of his proposed action and an opportunity for a hearing with 
respect thereto on the record. 
"(2) If a State or local educational agency is dissatisfied with the 
Commissioner's final action after a hearing under paragraph (1) of 
this paragraph, it may, within sixty days after notice of such action, 
file with the LTnited 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. 
" (3) 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 file in 
the court the record of the further proceedings. Such new or modified 
findings of fact shall likewise be conclusive if supported by substan-
tial evidence. 
"(4) Upon the filing of such petition, the court shall have jurisdic-
tion 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 revicAv by 
the Supreme Court of the United States upon certiorari or certification 
as provided in section 1254 of title 28, ITnited States Code.". 
(e) The amendments made by subsections (a), (b), and (c) of this 
section shall be effective on and after July 1,1973, and the amendment 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
503 
made by subsection (d) shall be effective on the date of enactment of 
this Act. 
STRENGTHENING STATE AND LOCAL EDUCATIONAL AGENCIES 
20 use 861, 
SEC. 104. (a) Section 501(b) of the Elementary and Secondary 
Education Act of 1965 is amended by inserting before the period at 
the end thereof the following: "and each of the five succeeding fiscal 
years, except that no funds are authorized to be appropriated for 
obligation by the Commissioner during any year for which funds 
are available for obligation by the Commissioner for carrying out part 
C of title IV". 
(b) Section 521(b) of such Act is amended by inserting before the 
^o use see. 
period at the end thereof the following: ", and each of the five suc-
ceeding fiscal years, except that no funds are authorized to be appro-
priated for obligation by the Commissioner during any year for 
which funds are available for obligation by the Commissioner for 
carrying out part C of title IV", 
(c) Section 531(b) of such Act is amended by inserting before the 
20 use se?. 
period at the end thereof the following: ", and each of the five suc-
ceeding fiscal years, except that no funds are authorized to be appro-
priated for obligation during any year for which funds are available 
for obligation for carrying out part C of title IV". 
(d) The amendments made by this section shall be effective on and 
^"^^^i,''!,'!^'''' 
Ji} 
T 1 1 in'70 
20 u s e 861 
alter July 1,1973. 
note. 
BILINGUAL EDUCATIONAL PROGRAMS 
SEC. 105. (a)(1) Title VII of the Elementary and Secondary 
20 use ssob. 
Education Act of 1965 is amended to read as follows: 
"TITLE VII—BILINGUAL EDUCATION 
Biunguai Edu-
cation Act. 
20 use 880b 
"SHORT TITLE 
note. 
"SEC. 701. This title may be cited as the 'Bilingual Education Act'. 
"POLICY; APPROPRIATIONS 
"SEC. 702. (a) Recognizing— 
20 use 880b. 
"(1) that there are large numbers of children of limited Eng-
lish-speaking ability; 
"(2) that many of such children have a cultural heritage which 
differs from that of English-speaking persons; 
"(3) that a primary means by which a child learns is through 
the use of such child's language and cultural heritage; 
"(4) that, therefore, large numbers of children of limited Eng-
lish-speaking ability have educational needs which can be met by 
the use of bilingual educational methods and techniques; and 
"(5) that, in addition, children of limited English-speaking 
ability benefit through the fullest utilization of multiple language 
and cultural resources, 
the Congress declares it to be the policy of the United States, in order 
to establish equal educational opportunity for all children (A) to 
encourage the establishment and operation, where appropriate, of edu-
cational programs using bilingual educational practices, techniques, 
and methods, and (B) for that purpose, to provide financial assistance 
to local educational agencies, and to State educational agencies for 
cer-tain i)urposes, in order to enable such local educational agencies 
504 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
to develop and carry out such programs in elementary and secondary 
schools, including activities at the preschool level, which are designed 
to meet the educational needs of such children; and to demonstrate 
effective ways of providing, for children of limited English-speaking 
ability, instruction designed to enable them, while using their native 
language, to achieve competence in the English language. 
Appropriation. 
«^|^^ ^-,^^ Except as is otherwlsc provided in this title, for the pur-
pose of carrying out the provisions of this title, there are authorized to 
be appropriated $135,000,000 for the fiscal vear ending June 30, 1974; 
$135,000,000 for the fiscal year ending June 30, 1975; $140,000,000 
for the fiscal year ending June 30, 1976; $150,000,000 for the fiscal 
3^ear ending June 30, 1977; and $160,000,000 for the fiscal year ending 
June 30,1978. 
"(2) There are further authorized to be appropriated to carry out 
Posf. p. 506. 
tjjg provisions of section 721(b)(3) $6,750,000 for the fiscal year 
ending June 30, 1974; $7,250,000 for the fiscal year ending June 30, 
1975; $7,750,000 for the fiscal year ending June 30, 1976; $8,750,000 
for the fiscal year ending June 30, 1977; and $9,750,000 for the fiscal 
year ending June 30,1978. 
"(3) From the sums appropriated under paragraph (1) for any 
fiscal year— 
"(A) the Commissioner shall reserve $16,000,000 of that part 
thereof which does not exceed $70,000,000 for training activities 
carried out under clause (3) of subsection (a) of section 721, and 
shall reserve for such activities 33i/<5 per centum of that part 
thereof which is in excess of $70,000,000; and 
"(B) the Commissioner shall reserve from the amount not 
reserved pursuant to clause (A) of this paragraph such amounts as 
may be necessary, but not in excess of 1 per centum thereof, for 
Post, p. 510. 
^^^ purposes of section 732. 
20 use 880b-l, 
Ante, p. 488. 
"DEFIXITIONS; REGULATIONS 
*'SEC. 703. (a) The following definitions shall apply to the terms 
used in this title: 
"(1) The term 'limited English-speaking ability', w^hen used with 
reference to an individual, means— 
"(A) individuals w^ho were not born in the United States or 
whose native language is a language other than English, and 
"(B) individuals who come from environments where a lan-
guage other than English is dominant, as further defined by the 
Commissioner by regulations; 
and, by reason thereof, have difficulty speaking and understanding 
instruction in the English language. 
"(2) The term 'native language', when used with reference to an 
individual of limited English-speaking ability, means the language 
normally used by such individuals, or in the case of a child, the lan-
guage normally used by the parents of the child, 
"(3) The term 'low-income' when used with respect to a family 
means an annual income for such a family which does not exceed the 
low annual income determined pursuant to section 103 of title I of the 
Elementary and Secondary Education Act of 1965. 
"(4) (A) The term 'program of bilingual education' means a pro-
gram of instruction, designed for children of limited English-speak-
ing ability in elementary or secondary schools, in which, with respect 
to the years of study to which such program is applicable— 
"(i) there is instruction given in, and study of, English and, to 
the extent necessary to allow a child to progress effectively through 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
505 
the educational system, the native language of the children of 
limited English-speaking ability, and such instruction is given 
with appreciation for the cultural heritage of such children, and, 
with respect to elementary school instruction, such instruction 
shall, to the extent necessary, be in all courses or subjects of 
study which will allow a child to progress effectively through the 
educational system; and 
"(ii) the requirements in subparagraphs (B) through (E) of 
this paragraph and established pursuant to subsection (b) of this 
section are met. 
"(B) A program of bilingual education may make provision for ^ ^a^in^'^ch i-
the voluntary enrollment to a limited degree therein, on a regular basis, dren, enroUmJnt. 
of children whose language is English, in order that they may acquire 
an undei-standing of the cultural heritag-e of the children of limited 
English-speaking ability for whom the particular program of bilingual 
education is designed. In determining eligibility to participate in such 
programs, priority shall be given to the children whose language is 
other than English. In no event shall the program be designed for the 
purpose of teaching a foreign language to English-speaking children. 
"(C) In such courses or subjects of study as art, music, and physical 
education, a program of bilingual education shall make provision for 
the participation of children of limited English-speaking ability in 
regular classes. 
"(D) Children enrolled in a program of bilingual education shall, 
if graded classes are used, be placed, to the extent practicable, in 
classes with children of approximately the same age and level of edu-
cational attainment. If children of significantly varying ages or levels 
of educational attainment are placed in the same class, the program 
of bilingual education shall seek to insure that each child is provided 
with instruction which is appropriate for his or her level of education-
al attainment. 
"(E) An application for a program of bilingual education shall be Application. 
developed in consultation with parents of children of limited Eng-
lish-speaking ability, teachers, and, where applicable, secondary 
school students, in the areas to be served, and assurances shall be given 
. in the application that, after the application has been approved under 
this title, the applicant w411 provide for participation by a committee 
composed of, and selected by, such parents, and, in the case of second-
ary schools, representatives of secondary school students to be served. 
"(5) The term 'Office' means the Office of Bilingual Education. 
Definitions. 
"(6) The term 'Director' means the Director of the Office of Bilin-
gual Education. 
"(7) The term 'Council' means the National Advisory Council on 
Bilingual Education. 
"(b) The Commissioner, after receiving recommendations from 
Models. 
State and local educational agencies and groups and organizations 
involved in bilingual education, shall establish, publish, and distribute, 
with respect to programs of bilingual education, suggested models 
with respect to pupil-teacher ratios, teacher qualifications, and other 
factors affecting the quality of instruction offered in such programs. 
"(c) In prescribing regulations under this section, the Commis- 
consultation. 
sioner shall consult with State and local educational agencies, appro-
priate organizations representing parents and children of limited 
English-speaking ability, and appropriate groups and organizations 
representing teachers and educators involved in bilingual education. 
506 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
"PART A—FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION 
PROGRAMS 
"BILINGUAL EDUCATION PROGRAMS 
2^rusc 880b-7 
"SEC. 721, (a) Funds available for grants under this part shall be 
used for— 
"(1) the establishment, operation, and improvement of pro-
grams of bilingual education; 
"(2) auxiliary and supplementary community and educational 
activities designed to facilitate and expand the implementation of 
programs described in clause (1), including such activities as 
(A) adult education programs related to the purposes of this title, 
particularly for parents of children participating in programs 
of bilingual education, and carried out, where appropriate, in 
coordination with programs assisted under the Adult Education 
2o'usc"i2oV 
^^^' ^^^ ("^) preschool programs preparatory and supplemen-
note. 
tary to bilingual education programs; 
"(3) (A) the establishment, operation, and improvement of 
training programs for personnel preparing to participate in, or 
personnel participating in, the conduct of programs of bilingual 
education and (B) auxiliary and supplementary training pro-
grams, which shall be included in each program of bilingual 
education, for personnel preparing to participate in, or person-
nel participating in, the conduct of such programs; and 
" (4) planning, and providing technical assistance for, and tak-
ing other steps leading to the development of, such programs. 
"(b)(1) A grant may be made under this section only upon applica-
tion therefor by one or more local educational agencies or by an insti-
tution of higher education, including a junior or community college, 
applying jointly with one or more local educational agencies (or, in 
the case of a training activity described in clause (3) (A) of subsec-
tion (a) of this section, by eligible applicants as defined in section 723). 
Each such application shall be made to the Commissioner at such time, 
in such manner, and containing such information as the Commissioner 
deems necessary, and 
"(A) include a description of the activities set forth in one or 
more of the clauses of subsection (a) which the applicant desires 
to carry out; and 
"(B) provide evidence that the activities so described will make 
substantial progress toward making programs of bilingual educa-
tion available to the children having need thereof in the area 
served by the applicant. 
Approval. 
"(2) Au appHcatiou for a grant under this part may be approved 
only if— 
"(A) the provision of assistance proposed in the application 
is consistent with criteria established by the Commissioner, after 
consultation with the State educational agency, for the purpose 
of achieving an equitable distribution of assistance under this 
part within the State in which the applicant is located, which 
criteria shall be developed by his taking into consideration (i) 
the geographic distribution of children of limited English-
speaking ability, (ii) the relative need of persons in different 
geographic areas within the State for the kinds of services and 
X 
activities described in subsection (a), (iii) with respect to grants 
Application. 
Post, p. 508. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
507 
to carry out programs described in clauses (1) and (2) of sub-
section (a) of section 721, the relative ability of particular local 
educational agencies within the State to provide such services and 
activities, and (iv) with respect to such grants, the relative num-
bers of persons from low-income families sought to be benefitted 
by such programs; 
"(B) in the case of applications from local educational agencies 
to carry out programs of bilingual education under clause (1) of 
subsection (a) of section 721, the Commissioner determines that 
not less than 15 per centum of the amounts paid to the applicant 
for the purposes of such programs shall be expended for auxiliary 
and supplementary training programs in accordance with the 
provisions of clause (3) (B) of such subsection and section 723; 
^°sf, p. sos. 
"(C) the Commissioner determines (i) that the program will 
use the most qualified available personnel and the best resources 
and will substantially increase the educational opportunities for 
children of limited English-speaking ability in the area to be 
served by the applicant, and (ii) that, to the extent consistent with 
the number of children enrolled in nonprofit, nonpublic schools 
in the area to be served whose educational needs are of the type 
which the program is intended to meet, provision has been made 
for participation of such children; and 
"(D) the State educational agency has been notified of the 
application and has been given the opportunity to offer recommen-
dations thereon to the applicant and to the Commissioner, 
"(3) (A) Upon an application from a State educational agency, the 
Commissioner shall make provision for the submission and approval 
of a State program for the coordination by such State agency of 
technical assistance to programs of bilingual education in such 
State assisted under this title. Such State program shall contain such 
provisions, agreements, and assurances as the Commissioner shall, by 
regulation, determine necessary and proper to achieve the purposes of 
this title, including assurances that funds made available mider this 
section for any fiscal year will be so used as to supplement, and to 
the extent practical, increase the level of funds that would, in the 
absence of such funds be made available by the State for the purposes 
described in this section, and in no case to supplant such funds, 
"(B) Except as is provided in the second sentence of this subpara-
graph, the Commissioner shall pay from the amounts authorized for 
these purposes pursuant to section 702 for each fiscal year to each State 
^"'^' P- S^^. 
educational agency which has a State program submitted and approved 
under subparagraph (A) such sums as may be necessary for the 
proper and efficient conduct of such State program. The amount paid 
by the Commissioner to any State educational agency under the preced-
ing sentence for any fiscal year shall not exceed 5 per centum of the 
aggregate of the amounts paid under this part to local educational 
agencies in the State of such State educational agency in the fiscal year 
preceding the fiscal year in which this limitation applies. 
"(c) In determining the distribution of funds under this title, the 
Commissioner shall give priority to areas having the greatest need 
for programs assisted under this title, 
" I N D I A N 
CHILDREN I N 
SCHOOLS 
"SEC. 722. (a) For the purpose of carrying out programs under this ^° ^^'^ ssob-s, 
part for individuals served by elementary and secondary schools 
operated predominantly for Indian children, a nonprofit institution 
or organization of the Indian tribe concerned which operates any 
508 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Payments. 
Ante, 
p. 503. 
Annual report 
to Congress and 
President. 
Assessment of 
needs of Indian 
children, submit-
tal to Congress 
and^President. 
such school and which is approved by the Commissioner for the pur-
poses of this section may be considered to be a local educational agency 
as such term is used in this title. 
"(b) From the sums appropriated pursuant to section 702(b), the 
Commissioner is authorized to make payments to the Secretary of the 
Interior to cai-ry out progi'ams of bilingual education for children 
on reservations served by elementary and secondary schools for Indian 
children operated or funded by the Department of the Interior. The 
terms upon which payments tor such purpose may be made to the 
Secretary of the Interior shall be determined pursuant to such criteria 
as the Commissioner determines will best carry out the policy of 
section 702(a). 
"(c) The Secretary of the Interior shall prepare and, not later than 
November 1 of each year, shall submit to the Congress and the Presi-
dent an annual report detailing a review and evaluation of the use, 
during the pi-eccding fiscal year, of all funds paid to liira by the Com-
missioner under subsection (b) of this section, including complete 
fiscal reports, a description of the personnel and information paid for 
in whole or in part with such funds, the allocation of such funds, 
and the status of all programs funded from such payments. Nothing 
in this subsection shall be construed to relieve the Director of any 
authority or obligation under this part. 
"(d) The Secretary of the Interior shall, together with the informa-
tion requii-ed in the preceding subsection, submit to the Congress and 
the President, an assessment of the needs of Indian children with 
respect to the purposes of this title in schools operated or funded by 
the Department of the Interior, including those State educational 
agencies and local educational agencies receiving assistance under the 
Johnson-O'Malley Act (25 U.S.C. 452 et seq.) and an assessment of the 
extent to which such needs are being met by funds provided to such 
schools for educational purposes through the Secretary of the Interior. 
20 u s e 880b-9. 
Ante, p. 506. 
Fellowships. 
TRAINING 
"SEC. 723. (a) (1) In carrying out the provisions of clauses (1) and 
(3) of subsection (a) of section 721, with respect to ti-aining, the Com-
missioner shall, through grants to, and contracts with, eligible appli-
cants, as defined in subsection (b), provide for— 
"(A)(i) training, carried out in coordination with any other 
programs training auxiliary educational personnel, designed (I) 
to prepare personnel to participate in, or for personnel partic-
ipating in, the conduct of programs of bilingual education, includ-
ing programs emphasizing opportunities for career development, 
advancement, and lateral mobility, (II) to train teachers, admin-
istrators, paraprofessionals, teacher aides, and parents, and (III) 
to train persons to teach and counsel such persons, and (ii) special 
training programs designed (I) to meet individual needs, and (II) 
to encourage reform, innovation, and improvement in applicable 
education curricula in graduate education, in the structure of 
the academic profession, and in recruitment and retention of 
higher education and graduate school facilities, as related to 
bilingual education; and 
"(B) the operation of short-term training institutes designed 
to improve the skills of participants in programs of bilingual edu-
cation in order to facilitate their effectiveness in carrying out 
responsibilities in connection with such programs. 
"(2) In addition the Commissioner is authorized to award fellow-
ships for study in the field of training teachers for bilingual edu-
88 
STAT.] 
PUBLIC LAW 93-380-AUG. 21, 1974 
509 
cation. For the fiscal year ending June 30, 1975, not less than 100 
fellowships leading to a graduate degree shall be awarded under the 
preceding sentence for preparing individuals to train teachers for pro-
grams of bilingual education. Such fellowships shall be awarded in 
proportion to the need for teachers of various groups of individuals 
with limited English-speaking ability. For each fiscal year after June 
30,1975, and prior to July 1,1978, the Commissioner shall report to the 
Committee on Education and Labor of the House of Representatives 
and the Committee on Labor and Public Welfare of the Senate on 
the number of fellowships in the field of training teachers for bilingual 
education which he recommends will be necessary for that fiscal year. 
"(3) The Commissioner shall include in the terms of any arrange-
ment described in paragraphs (1) and (2) of subsection (a) of this 
section provisions for the payment, to persons participating in train-
ing programs so described, of such stipends (including allowances for 
subsistance and other expenses for such persons and their dependents) 
as he may determine to be consistent with prevailing practices under 
comparable federally supported programs. 
"(4) In making grants or contracts under this section, the Com-
missioner shall give priority to eligible applicants with demonstrated 
competence and experience in the field of bilingual education. Funds 
provided under grants or contracts for training activities described 
in this section to or with a State educational agency, separately or 
jointly, shall in no event exceed in the aggregate in any fiscal year 
15 per centum of the total amount of funds obligated for training 
activities pursuant to clauses (1) and (3) of subsection (a) of section 
721 in such year. 
" (5) An application for a grant or contract for preservice or inserv-
ice training activities described in clause (A)(i)(I) and clause (A) 
(ii) (I) and in subsection (a) (1) (B) of this section shall be considered 
an application for a program of bilingual education for the purposes 
of subsection (a) (4) (E) of section 703. 
"(b) For the purposes of this section, the term 'eligible applicants' 
means— 
"(1) institutions of higher education (including junior colleges 
and community colleges) which apply, after consultation with, or 
jointly with, one or more local educational agencies; 
"(2) local educational agencies; and 
"(3) State educational agencies. 
"PART B—ADMINISTRATION 
Report to con-
gressional com-
mittees. 
Stipends. 
Ante, p. 506,. 
Ante, p 
"Eligible 
applicants.' 
504. 
"OFFICE OF BILINGUAL EDUCATION 
"SEC. 731. (a) There shall be, in the Office of Education, an Office of 
Bilingual Education (hereafter in this section referred to as the 
'Office') through which the Commissioner shall carry out his functions 
relating to bilingual education. 
" (b) (1) The Office shall be headed by a Director of Bilingual Edu-
cation, appointed by the Commissioner, to whom the Commissioner 
shall delegate all of his delegable functions relating to bilingual 
education. 
"(2) The Office shall be organized as the Director determines to be 
appropriate in order to enable him to carry out his functions and 
responsibilities effectively. 
"(c) The Commissioner, in consultation with the Council, shall pre-
pare and, not later than November 1 of 1975, and of 1977, shall submit 
to the Congress and the President a report on the condition of bilingual 
education m the Nation and the administration and operation of this 
Establishment. 
20USC880b-10. 
Report to 
Congress and 
President. 
510 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Contents. 
title and of other programs for persons of limited English-speaking 
ability. Such report shall include— 
" (1) a national assessment of the educational needs of children 
and other persons with limited English-speaking ability and of 
the extent to which such needs are being met from Federal, State, 
and.local efforts, including (A) not later than July 1, 1977, the 
results of a survey of the number of such children and persons in 
the States, and (B) a plan, including cost estimates, to be carried 
out during the five-year period beginning on such date, for extend-
ing programs of bilingual education and bilingual vocational and 
adult education programs to all such preschool and elementary 
school children and other persons of limited English-speaking 
ability, including a phased plan for the training of the necessary 
teachers and other educational personnel necessary for such 
purpose; 
"(2) a report on and an evaluation of the activities carried out 
under this title during the preceding fiscal year and the extent to 
which each of such activities achieves the policy set forth in 
section 702(a); 
"(3) a statement of the activities intended to be carried out 
during the succeeding period, including an estimate of the cost 
of such activities; 
"(4) an assessment of the number of teachers and other educa-
tional personnel needed to carry out programs of bilingual edu-
cation under this title and those carried out under other programs 
for persons of limited English-speaking ability and a statement 
describing the activities carried out thereunder designed to pre-
pare teachers and other educational personnel for such programs, 
and the number of other educational peisonnel needed to carry 
out programs of bilingual education in the States and a statement 
describing the activities carried out under this title designed to 
prepare teachers and other educational personnel for such pro-
grams; and 
"(5) a description of the personnel, the functions of such per-
sonnel, and information available at the regional offices of the 
Department of Health, Education, and Welfare dealing with bi-
lingual programs within that region. 
" N A T I O N A L ADVISORY C O U N C I L O N BILINGITAL EDUCATION 
Establishment. 
"SEC. 732. (a) Subject to part I) of the General Education Pi-ovi-
Polff p.^575"^^' Jjions Act, there shall be a National Advisory Council on Bilingual 
Membership. 
Educatlou composcd of fifteen members appointed by the Secretary, 
one of whom he shall designate as Chairman. At least eight of the 
members of the Council shall be persons experienced in dealing with 
the educational problems of children and other persons who are of 
limited English-speaking ability, at least one of whom shall be repre-
sentative of persons serving on boards of education operating pro-
grams of bilingual education. At least three members shall be 
experienced in the training of teachers in programs of bilingual educa-
tion. At least two members shall be persons with general experience 
in the field of elementary and secondary education. At least two mem-
bers shall be classroom teachers of demonstrated teaching abilities 
using bilingual methods and techniques. The members of the Council 
shall be appointed in such a way as to be generally representative of 
the significant segments of the population of persons of limited 
English-speaking ability and the geographic areas in which they 
reside. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
511 
" (b) The Council shall meet at the call of the Chairman, but, not-
withstanding the provisions of section 446(a) of the General Educa-
tion Provisions Act, not less often than four times in each year. 
"(c) The Council shall advise the Commissioner in the preparation 
of general regulations and with respect to policy matters arising in 
the administration and operation of this title, including the develop-
ment of criteria for approval of applications, and plans under this 
title, and the administration and operation of other programs for 
persons of limited English-speaking ability. The Council shall prepare 
and, not later than November 1 of each year, submit a report to the 
Congress and the President on the condition of bilingual education in 
the Nation and on the administration and operation of this title, 
including those items specified in section 731(c), and the administra-
tion and operation of other programs for persons of limited English-
speaking ability. 
"(d) The Commissioner shall procure temporary and intermittent 
services of such personnel as are necessary for the conduct of the func-
tions of the Council, in accordance with section 445, of the General 
Education Provisions Act, and shall make available to the Council 
such staff, information, and other assistance as it may require to carry 
out its activities effectively. 
"PART C—SUPPORTIVE SERVICES AND ACTIVITIES 
20 use 1233e. 
Duties. 
Report to 
Congress and 
President. 
Ante, p. 509. 
Personnel 
procurement. 
20USC 1233d. 
"ADMINISTRATION 
"SEC. 741. (a) The provisions of this part shall be administered by 
the Assistant Secretary^ in consultation with— 
"(1) the Commissioner, through the Office of Bilingual Edu-
cation; and 
"(2) the Director of the National Institute of Education, not-
withstanding the second sentence of section 405(b)(1) of the 
General Education Provisions Act; 
in accordance with regulations. 
"(b) The Assistant Secretary shall, in accordance with clauses (1) 
and (2) of subsection (a), develop and promulgate regulations for this 
part and then delegate his functions under this part, as may be appro-
priate under the terms of section 742. 
20 use 880b-12. 
20 use 1225. 
Regulations. 
Infra. 
"RESEARCH A N D DEMONSTRATION PROJECTS 
"SEC. 742. (a) The National Institute of Education shall, in accord-
ance with the provisions of section 405 of the General Education Pro-
visions Act, carry out a program of research in the field of bilingual 
education in order to enhance the effectiveness of bilingual education 
programs carried out under this title and other programs for persons 
of limited English-speaking ability. 
"(b) In order to test the effectiveness of research findings by the 
National Institute of Education and to demonstrate new or innova-
tive practices, techniques, and methods for use in such bilingual educa-
tion programs, the Director and the Commissioner are authorized to 
make competitive contracts with public and private educational agen-
cies, institutions, and organizations for such purpose. 
"(c) In carrying out their responsibilities under this section, the 
Commissioner and the Director shall, through competitive contracts 
with appropriate public and private agencies, institutions, and orga-
nizations— 
" (1) undertake studies to determine the basic educational needs 
and language acquisition characteristics of, and the most effective 
Bilingual edu» 
cation research. 
20 use 880b»13. 
20USe 1221e. 
eompetitive 
contracts. 
512 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Appropriations. 
Effective date. 
2 0 u s e 880b 
note. 
Ante, 
p. 504. 
20 u s e 880b. 
20 u s e 880b-ll 
note. 
Ante, p. 510. 
"Other pro-
grams for persons 
of limited 
English-speaking 
ability." 
Ante, p. 504. 
20 u s e 1607. 
Post, p. 578. 
Post, p. 607. 
Post, p. 609. 
conditions for, educating children of limited English-speaking 
ability; 
"(2) develop and disseminate instructional materials and 
equipment suitable for use in bilingual education programs; and 
" (8) establish and operate a national clearinghouse of informa-
tion for bilingual education, which shall collect, analyze, and 
disseminate information about bilingual education and such bilin-
gual education and related programs. 
"(d) In carrying out their responsibilities under this section, the 
Commissioner and the Director shall provide for periodic consulta-
tion with representatives of State and local educational agencies and 
appropriate groups and organizations involved in bilingual education. 
"(e) There is authorized to be appropriated for each fiscal year prior 
to July 1, 1978, $5,000,000 to carry out the provisions of this section.". 
(2) (A) The amendment made by this subsection shall be effective 
upon the date of enactment of this Act, except that the provisions of 
part A of title VII of the Elementary and Secondary Education Act 
of 1965 (as amended by subsection (a) of this section) shall become 
effective on July 1,1975, and the provisions of title VII of the Elemen-
tary and Secondary Education Act of 1965 in effect immediately prior 
to the date of enactment of this Act shall remain in effect through June 
30, 1975, to the extent not inconsistent with the amendment made by 
this section, 
(B) The National Advisory Council on Bilingual Education, for 
which provision is made in section 732 of such Act, shall be appointed 
within ninety days after the enactment of this Act. 
(b) Section 703(a) of title VII of such Act is amended by adding 
at the end thereof the following: 
"(8) The term 'other programs for persons of limited English-
speaking ability' when used in sections 731 and 732 means the program 
authorized by section 708 (c) of the Emergency School Aid Act and the 
programs carried out in coordination with the provisions of this title 
pursuant to section 122(a) (4) (C) and part J of the Vocational Edu-
cation Act of 1963, and section 306(a) (11) of the Adult Education 
Act, and programs and projects serving areas with high concentrations 
of persons of limited English-speaking ability pursuant to section 6 
(b) (4) of the Library Services and Construction Act.". 
STATUTE OF LIMITATIOXS 
20 u s e 881. 
SEC. 106. Title VIII of the Elementary and Secondary Education 
Act of 1965 is amended by inserting after section 803 the following 
new section: 
STATUTE o r LIMITATIONS ON REFUND OF PAYMENTS 
20 u s e 884. 
Ante, p. 488. 
•'SEC. 804. No State or local educational agency shall be liable to 
refund any payment made to such agency under this Act (including 
title I of this Act) which was subsequently determined to be unau-
thorized by law, if such payment was made more than five years 
before such agency received final written notice that such payment 
was unauthorized.". 
20 
use 887. 
DROPOUT PREVENTION PROJECTS 
SEC. 107. (a) Section 807(c) of the Elementary and Secondary 
Education Act of 1965 is amended by inserting before the period at 
the end thereof the following: ", and each of the five succeeding fiscal 
Effective date. 
20 u s e 887 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
513 
years, except that no funds are authorized to be appropriated for ob-
ligation during any year for which funds are available for obligation 
for carrying out part C of title IV". 
(b) Th^amendments made by this section shall be effective on and 
after July 1,1973. 
nole 
SCHOOL NUTRITION AND HEALTH SERVICES 
SEC. 108. (a) Section 808(d) of the Elementary and Secondary 
20 use 887a. 
Education Act of 1965 is amended by inserting before the period 
at the end thereof the following: ", and each of the five succeeding 
fiscal years, except that no funds are authorized to be appropriated for 
obligation during any year for which funds are available for obliga-
tion for carrying out part C of title IV". 
(b) The amendments made bv this section shall be effective on and 
Effective date. 
after Julv 1, 1973. 
20 u s e 887a 
note. 
Effective date. 
20 u s e 887b 
CORRECTION EDUCATION SERVICES 
SEC. 109. (a) Section 809 of the Elementary and Secondary Educa-
tion Act of 1965 is amended by adding at the end thereof the following 
^° ^^^ ^^^^'• 
new subsection: 
"(c) For the purpose of carrying out this section, there is authorized 
to be appropriated $500,000 for the fiscal year ending June 30, 1974, 
and for the succeeding fiscal year." 
(b) The amendments made by this section shall be effective on and 
after July 1,1974. 
note 
OPEN MEETINGS OF EDUCATIONAL AGENCIES 
SEC. 110. Title VIII of the Elementary and Secondary Education 
Act of 1965 is amended by adding at the end thereof the following new 
section: 
" O P E N MEETINGS OF EDUCATIONAL AGENCIES 
"SEC. 812. No application for assistance under this Act may be con- 
20 use 887e. 
sidered unless the local educational agency making such application 
certifies to the Commissioner that members of the public have been 
afforded the opportunity upon reasonable notice to testify or otherwise 
comment regarding the subject matter of the application. The Com-
missioner is authorized and directed to establish such regulations as 
necessary to implement this section." 
E T H N I C HERITAGE STUDIES CENTERS 
SEC. 111. (a)(1) Section 907 of the Elementary and Secondary 
Education Act of 1965 is amended by striking out "the fiscal year end- 
^° ^^^ 9ooa-5 
ing June 30,1973" and inserting in lieu thereof "each of the fiscal years 
ending prior to July 1, 1978". 
(2) The amendments made by this subsection shall be effective on 
Effective date. 
and after July 1, 1973. 
„1°."^^ ^°°^-^ 
(b) Section 903 of such Act is amended by— 
20 use 9ooa-i 
(1) striking out "elementary and secondary schools and institu-
tions of higher education" in clause (1) of such section, and insert-
ing in lieu thereof "elementary or secondary schools or institiitions 
of higher education"; 
(2) striking out "elementary and secondary schools and insti-
tutions of higher education" in clause (2) of such section and 
inserting in lieu thereof "elementary or secondary schools or 
institutions of higher education"; 
514 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
20 use 9ooa.i. 
(3) inserting the word "or" after clause (1) of such section; 
and 
(4) inserting the word "or" at the end of clause (2) of such 
section. 
Equal Educa- 
TITLE II—EQUAL EDUCATIONAL OPPORTUNITIES AND 
aerL?of°i97i: 
T H E TEANSPOETATION OF STUDENTS 
SHORT TITLE 
20 use 1701 
gEC. 201. This title may be cited as the "Equal Educational Oppor-
tunities Act of 1974". 
PART A—EQUAL EDUCATIONAL OPPORTUNITIES 
Subpart 1—Policy and Purpose 
DECLARATION or POLICY 
20 use 1701. 
gj,^ 202. (a) The Congress declares it to be the policy of the United 
States that— 
(1) all children enrolled in public schools are entitled to equal 
educational opportunity without regard to race, color, sex, or 
national origin; and 
(2) the neighborhood is the appropriate basis for determining 
public school assignments. 
(b) In order to carry out this policy, it is the purpose of this part 
to specify appropriate remedies for the orderly removal of the vestiges 
of the dual school system. 
FINDINGS 
20 use 1702. 
gjjc. 203. (a) The Congress finds that— 
(1) the maintenance of dual school systems in which students 
are assigned to schools solely on the basis of race, color, sex, or 
national origin denies to those students the equal protection of 
the laws guaranteed by the fourteenth amendment; 
(2) for the purpose of abolishing dual school systems and elim-
inating the vestiges thereof, many local educational agencies have 
been required to reorganize their school systems, to reassign stu-
dents, and to engage in the extensive transportation of students; 
(3) the implementation of desegregation plans that require 
extensive student transportation has, in many cases, required local 
educational agencies to expend large amount of funds, thereby 
depleting their financial resources available for the maintenance 
or improvement of the quality of educational facilities and 
instruction provided; 
(4) transportation of students which creates serious risks to 
their health and safety, disrupts the educational process carried 
out with respect to such students, and impinges significantly on 
their educational opportunity, is excessive; 
(5) the risks and harms created by excessive transportation are 
particularly great for children enrolled in the first six grades; 
and 
(6) the guidelines provided by the courts for fashioning reme-
dies to dismantle dual school systems have been, as the Supreme 
Court of the United States has said, "incomplete and imperfect," 
and have not established, a clear, rational, and uniform standard 
for determining the extent to which a local educational agencv is 
required to reassign and transport its students in order to elim-
inate the vestiges of a dual school system. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
515 
(b) For the foregoing reasons, it is necessary and proper that 
the Congress, pursuant to the powers granted to it by the Constitution 
of the United States, specify appropriate remedies for the elimination ^. y^^c prec. 
of the vestiges of dual school systems, except that the provisions of 
this title are not intended to modify or diminish the authority of the 
courts of the United States to enforce fully the fifth and fourteenth 
amendments to the Constitution of the United States. 
Subpart 2—Unlawful Practices 
DENIAL OF EQUAL EDUCATIONAL OPPORTUNITY PROHIBITED 
SEC. 204. No State shall deny equal educational opportunity to an 
20 use 1703. 
individual on account of his or her race, color, sex, or national origin, 
(a) the deliberate segregation by an educational agency of 
students on the basis of race, color, or national origin among or 
within schools; 
(b) the failure of an educational agency which has formerly 
practiced such deliberate segregation to take affirmative steps, 
consistent with subpart 4 of this title, to remove the vestiges of 
a dual school system; 
(c) the assignment by an educational agency of a student to 
a school, other than the one closest to his or her place of residence 
within the school district in which he or she resides, if the assign-
ment results in a greater degree of segregation of students on the 
basis of race, color, sex, or national origin apiong the schools of 
such agency than would result if such student were assigned to the 
school closest to his or her place of residence within the school 
district of such agency providing the appropriate grade level 
and type of education for such student; 
(d) discrimination by an educational agency on the basis of 
race, color, or national origin in the employment, employment 
conditions, or assignment to schools of its faculty or staff, except 
to fulfill the purposes of subsection (f) below; 
(e) the transfer by an educational agency, whether voluntary 
or otherwise, of a student from one school to another if the 
purpose and effect of such transfer is to increase segregation of 
students on the basis of race, color, or national origin among the 
schools of such agency; or 
(f) the failure by an educational agency to take appropriate 
action to overcome language barriers that impede equal partici-
pation by its students in its instructional programs. 
BALANCE NOT REQUIRED 
SEC. 205. The failure of an educational agency to attain a balance, 
^° ^^^ ^''°'** 
on the basis of race, color, sex, or national origin, of students among 
its schools shall not constitute a denial of equal educational oppor-
tunity, or equal protection of the laws. 
ASSIGNMENT ON NEIGHBORHOOD BASIS NOT A DENIAL OF EQUAL 
EDUCATIONAL OPPORTUNITT 
SEC. 206. Subject to the other provisions of this part, the assignment 
^° ^^'^ ^ ^°^' 
by an educational agency of a student to the school nearest his place 
of residence which provides the appropriate grade level and type of 
education for such student is not a denial of equal educational oppor-
tunity or of equal protection of the laws unless such assignment is for 
516 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
the purpose of segregating students on the basis of race, color, sex, or 
national origin, or the school to which such student is assigned was 
located on its site for the purpose of segregating students on such 
basis. 
Subpart 3—Enforcement 
20 u s e 1706. 
CIVIL ACTIONS 
SEC. 207. An individual denied an equal educational opportunity, as 
defined by this part may institute a civil action in an appropriate dis-
trict court of tne United States against such parties, and for such 
relief, as may be appropriate. The Attorney General of the United 
States (hereinafter in this title referred to as the "Attorney General"), 
for or in the name of the United States, may also institute such a civil 
action on behalf of such an individual. 
EFFECT OF CERTAIN POPULATION CHANGES ON CERTAIN 
ACTIONS 
2 0 use 1707. 
gj,^^ 208. When a court of competent jurisdiction determines that a 
school system is desegregated, or that it meets the constitutional 
requirements, or that it is a unitary system, or that it has no vestiges of 
a dual system, and thereafter residential shifts in population occur 
which result in school population changes in any school within such 
a desegregated school system, such school population changes so occur-
ring shall not, per se, constitute a cause for civil action for a new plan 
of desegregation or for modification of the court approved plan. 
20 u s e 1708. 
20 u s e 1712. 
JURISDICTION OF DISTRICT COURTS 
SEC. 209. The appropriate district court of the United States shall 
have and exercise jurisdiction of proceedings instituted under section 
207. 
INTERVENTION BY ATTORNEY 
GENERAL 
2 0 use 1709. 
gjjc^ 210. Whenever a civil action is instituted under section 207 by 
an individual, the Attorney General may intervene in such action upon 
timely application. 
SUITS BY T H E ATTORNEY GENERAL 
2 0 use 1710. 
gj,^ 211. The Attorney General shall not institute a civil action 
under section 207 before he— 
(a) gives to the appropriate educational agency notice of the 
condition or conditions which, in his judgment, constitute a 
violation of subpart 2 of this part; and 
(b) certifies to the appropriate district court of the United 
States that he is satisfied that such educational agency has not, 
within a reasonable time after such notice, undertaken appro-
priate remedial action. 
Subpart 4—Remedies 
FORMULATING REMEDIES; APPLICABILITY 
' 
SEC. 213. In formulating a remedy for a denial of equal educational 
opportunity or a denial of the ecjual protection of the laws, a court, 
department, or agency of the United States shall seek or impose only 
such remedies as are essential to correct particular denials of equal 
educational opportunity or equal protection of the laws. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
517 
PRIORITY OF REMEDIES 
SEC. 214. In formulating a remedy for a denial of equal educational 
^° "^*^ ^^^^• 
opportunity or a denial of the equal protection of the laws, which may 
involve directly or indirectly the transportation of students, a court, 
department, or agency of the United States shall consider and make 
specific findings on the efficacy in correcting such denial of the follow-
ing remedies and shall require implementation of the first of the 
remedies set out below, or of the first combination thereof which would 
remedy such denial: 
(a) assigning students to the schools closest to their places of 
residence which provide the appropriate grade level and type of 
^ 
education for such students, taking into account school capacities 
and natural physical barriers; 
(b) assigning students to the schools closest to their places of 
residence which provide the appropriate grade level and type of 
education for such students, taking into account only school 
capacities; 
(c) permitting students to transfer from a school in which a 
majority of the students are of their race, color, or national origin 
to a school in which a minority of the students are of their race, 
color, or national origin; 
(d) the creation or revision of attendance zones or grade struc-
tures without requiring transportation beyond that described in 
section 215; 
(e) the construction of new schools or the closing of inferior 
schools; 
(f) the construction or establishment of magnet schools; or 
(g) the development and implementation of any other plan 
which is educationally sound and administratively feasible, sub-
ject to the provisions of sections 215 and 216 of this part. 
TRANSPORTATION OF STUDENTS 
SEC. 215. (a) No court, department, or agency of the LTnited States 
2° ^^^ ^^i'** 
shall, pursuant to section 214, order the implementation of a plan that 
would require the transportation of any student to a school other than 
the school closest or next closest to his place of residence which pro-
vides the appropriate grade level and type of education for such 
student. 
(b) No court, department, or agency of the United States shall 
require directly or indirectly the transportation of any student if such 
transportation poses a risk to the health of such student or constitutes 
a significant impingement on the educational process with respect to 
such student. 
(c) When a court of competent jurisdiction determines that a school 
system is desegregated, or that it meets the constitutional requirements, 
or that it is a unitary system, or that it has no vestiges of a dual sys-
tem, and thereafter residential shifts in population occur which result 
in school population changes in any school within such a desegregated 
school system, no educational agency because of such shifts shall be 
required by any court, department, or agency of the United States 
to formulate, or implement any new desegregation plan, or modify or 
implement any modification of the court approved desegregation plan, 
which would require transportation of students to compensate wholly 
or in part for such shifts in school population so occurring. 
518 
PUBLIC L
A
W 93-380-AUG. 21, 1974 
[88 STAT. 
DISTRICT LINES 
20 use 1715. 
SEC. 216. In the formulation of remedies under section 213 or 214 
of this part the lines drawn by a State, subdividing its territory into 
separate school districts, shall not be ignored or altered except where 
it is established that the lines were drawn for the purpose, and had the 
effect, of segregating children among public schools on the basis of 
race, color, sex, or national origin. 
VOLUNTARY ADOPTION OF REMEDIES 
2 0 use 1716. 
gj,(^. 217. Nothing in this part prohibits an educational agency from 
proposing, adopting, requiring, or implementing any plan of desegre-
gation, otherwise lawful, that is at variance with the standards set out 
in this part nor shall any court, department, or agency of the United 
States be prohibited from approving implementation of a plan which 
goes beyond what can be required under this part, if such plan is 
voluntarily proposed by the appropriate educational agency. 
REOPENING PROCEEDINGS 
2 0 use 1717. 
gjjc. 218. A parent or guardian of a child, or parents or guardians 
of children similarly situated, transported to a public school in accord-
ance with a court order, or an educational agency subject to a court 
order or a desegregation plan under title VI of the Civil Rights 
42 use 2oood. 
j^Q^ Qf iQQ^ jj^ effect on the date of the enactment of this part and 
intended to end segregation of students on the basis of race, color, or 
national origin, may seek to reopen or intervene in the further imple-
mentation of such court order, currently in effect, if the time or dis-
tance of travel is so great as to risk the health of the student or 
significantly impinge on his or her educational process. 
LIMITATION ON ORDERS 
20 use 1718. 
gj,(.^ 219. Any court order requiring, directly or indirectly, the 
transportation of students for the purpose of remedying a denial of 
the equal protection of the laws may, to the extent of such transpor-
tation, be terminated if the court finds the defendant educational 
agency has satisfied the requirements of the fifth or fourteenth amend-
ments to the Constitution, whichever is applicable, and will continue 
to be in compliance with the requirements thereof. The court of 
initial jurisdiction shall state in its order the basis for any decision 
to terminate an order pursuant to this section, and the termination 
of any order pursuant to this section shall be stayed pending a final 
appeal or, in the event no appeal is taken, until the time for any such 
appeal has expired. No additional order requiring such educational 
agency to transport students for such purpose shall be entered unless 
such agency is found not to have satisfied the requirements of the fifth 
or fourteenth amendments to the Constitution, whichever is applicable. 
Subpart 5—Definitions 
20 use 1720. 
gEc. 221. For the purposes of this part— 
(a) The term "educational agency" means a local educational 
agency or a "State educational agency" as defined by section 801 (k) 
2 0 use 881. 
fyf ^Yie Elementary and Secondary Education Act of 1965. 
(b) The term "local educational agency" means a local educational 
agency as defined by section 801(f) of the Elementary and Secondary 
Education Act of 1965. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
519 
(c) The term "segregation" means the operation of a school system 
in which students are wholly or substantially separated among the 
schools of an educational agency on the basis of race, color, sex, or 
national origin or within a school on the basis of race, color, or national 
origin. 
(d) The term "desegregation" means desegregation as defined by 
section 401(b) of the Civil Rights Acts of 1964. 
42 use 2000c. 
(e) An educational agency shall be deemed to transport a student 
if any part of the cost of such student's transportation is paid by such 
agency. 
Subpart 6—Miscellaneous Provisions 
REPEALER 
SEC. 222. Section 709(a) (3) of the Emergency School Aid Act is 
fo^ugc 16O8. 
hereby repealed. 
SEPARABILITY OF PROVISIONS 
SEC. 223. If any provision of this part or of any amendment made 
^° "^^ ^^^' • 
by this part, or the application of any such provision to any person or 
circumstance, is held invalid, the remainder of the provisions of this 
part and of the amendments made by this part and the application 
of such provision to other persons or circumstances shall not be 
affected thereby. 
PART B—OTHER PROVISIONS RELATING TO THE ASSIGNMENT AND 
TRANSPORTATION OF STUDENTS 
PROHIBITION AGAINST ASSIGNMENT OR TRANSPORTATION OF STUDENTS TO 
OVERCOME RACIAL IMBALANCE 
SEC. 251. No provision of this Act shall be construed to require the 
^° ^^'^ ^^^^' 
assignment or transportation of students or teachers in order to 
overcome racial imbalance. 
PROHIBITION AGAINST USE OF APPROPRIATED FUNDS FOR BUSING 
SEC. 252. Part B of the General Education Provisions Act, as 
amended by title V of this Act, is amended by adding at the end 
^°«'» P- sse. 
thereof the following new section: 
PROHIBITION AGAINST USE OF APPROPRIATED I-TTNDS FOR BUSING 
20 use 1228. 
"SEC. 420. No funds appropriated for the purpose of carrying out 
any applicable program may be used for the transportation of students 
or teachers (or for the purchase of equipment for such transportation) 
in order to overcome racial imbalance in any school or school system, 
or for the transportation of students or teachers (or for the purchase 
of equipment for such transportation) in order to carry out a plan of 
racial desegregation of any school or school system, except for funds 
appropriated pursuant to title I of the Act of September 30, 1950 
(P.L. 874, 81st Congress), but not including any portion of such funds 
20 use 236. 
as are attributable to children counted under subparagraph (C) of 
section 3(d) (2) or section 403(1) (C) of that Act." 
Post. p. 523. 
20 use 244. 
PROVISION RELATING TO COURT APPEALS 
SEC. 253. Notwithstanding any other law or provision of law, in the 
^° "^^ ^^^2* 
case of any order on the part of any United States district court which 
requires the transfer or transportation of any student or students from 
520 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
any school attendance area prescribed, by competent State or local 
authority for the purposes of achieving a balance among students with 
respect to race, sex, religion, or socioeconomic status, the effectiveness 
of such order shall be postponed until all appeals in connection with 
such order have been exhausted or, in the event no appeals are taken, 
until the time for such appeals has expired. This section shall expire 
at midnight on June 30,1978. 
PROVISION REQUIRING THAT RULES OF EVir>EN(^E BE UNIFORM 
20 use 17S3. 
ggQ 254. The rules of evidence required to prove that State or local 
authorities are practicing racial discrimination in assigning students 
to public schools shall be uniform throughout the United States. 
APPLICATION OF PROVISO OF SECTION 4 0 7 ( a ) 
OF T H E 
CIVIL 
RIGHTS ACT OF 19G4 TO T H E ENTIRE UNITED STATES 
20 use 1754. 
gj,^^ 255. The proviso of section 407(a) of the Civil Rights Act of 
42use2oooc.6. ^9(54 providing in substance that no court or official of the United 
States shall be empowered to issue any order seeking to achieve a 
racial balance in any school by requiring the transportation of pupils 
or students from one school to another or one school district to another 
in order to achieve such racial balance, or otherwise enlarge the 
existing power of the court to insure compliance with constitutional 
standards shall apply to all public school pupils and to every public 
school system, public school and public school board, as defined by 
title IV, under all circumstances and conditions and at all times in 
every State, district, territory, Commonwealth, or possession of the 
United States, regardless of whether the residence of such public 
school pupils or the principal offices of such public school system, 
public school or public school boai'd is situated in the northern, eastern, 
western, or southern part of the United States. 
ADDITIONAL PRIORITY OF 
REMEDIES 
20 use 1755. 
gj,(. 256. Notwithstanding any other provision of law, after June 
30, 1974 no court of the United States shall order the implementation 
of any plan to remedy a finding of de jure segregation which involves 
the transportation of students, unless the court first finds that all 
alternative remedies are inadequate. 
REMEDIES W I T H RESPECT TO SCHOOL DISTRICT LINES 
2 0 use 1756. 
gj,(.^ 257. In the formulation of remedies under this title the lines 
drawn by a State subdividing its territory into separate school dis-
tricts, shall not be ignored or altered except where it is established 
that the lines were drawn, or maintained or crossed for the purpose, 
and had the effect of segregating children among public schools on 
the basis of race, color, sex, or national origin, or where it is established 
that, as a result of discriminatory actions within the school districts, 
the lines have had the eft'ect of segregating children among public 
schools on the basis of race, color, sex, or national origin. 
PROHIBITION OF FORCED BUSING DURING SCHOOL YEAR 
20 use 1757. 
gEC. 258. (a) The Congress finds that— 
(1) the forced transportation of elementary and secondary 
school students in implementation of the constitutional require-
ment for the desegregation of such schools is controversial and 
difficult under the best planning and administration; and 
"Academic 
school year," 
20 u s e 1758. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
521 
(2) the forced transportation of elementary and secondary 
school students after the commencement of an academic school 
year is educationally unsound and administratively inefficient. 
(b) Notwithstanding any other provisions of law, no order of a 
court, department, or agency of the United States, requiring the trans-
portation of any student incident to the transfer of that student from 
one elementary or secondary school to another such school in a local 
educational agency pursuant to a plan requiring such transportation 
for the racial desegregation of any school in that agency, shall be 
effective until the beginning of an academic school year. 
(c) For the purpose of this section, the term "academic school year" 
means, pursuant to regulations promulgated by the Commissioner, 
the customary beginning of classes for the school year at an elementary 
or secondary school of a local educational agency for a school year 
that occurs not more often than once in any twelve-month period. 
(d) The provisions of this section apply to any order which was 
not implemented at the beginnning of the 1974-1975 academic year. 
REASONABLE TIME FOR DEVELOPING VOLUNTARY PLAN FOR DESEGREGATING 
SCHOOLS 
SEC. 259. Notwithstanding any other law or provision of law, no 
court or officer of the United States shall enter, as a remedy for a 
denial of equal educational opportunity or a denial of equal protection 
of the laws, any order for enforcement of a plan of desegregation or 
modification of a court-approved plan, until such time as the local 
educational agency to be affected by such order has been provided 
notice of the details of the violation and given a reasonable opportunity 
to develop a voluntary remedial plan. Such time shall permit the 
local educational agency sufficient opportunity for community partic-
ipation in the development of a remedial plan. 
TITLE 
III—FEDEKAL 
IMPACT 
AID 
PEOGRAMS 
' 
' 
DURATION o r PAYMENTS UNDER PUBLIC LAW 8 1 5 , EIGHTY-FIRST CONGRESS 
SEC. 301. (a) (1) The first sentence of section 3 of the Act of Sep-
tember 23, 1950 (Public Law 815, Eighty-first Congress) is amended 
20 use 633. 
by striking out "June 30,1973" and inserting in lieu thereof "June 30, 
1978". 
(2) Section 15(15) of such Act is amended by striking out "1968- 
^° "^^ ^''^• 
1969" and inserting in lieu thereof "1973-1974". 
(b) Section 16(a) of such Act is amended in clause (1) (A) thereof, 
20 use 646. 
by striking out "July 1, 1973" and inserting in lieu thereof "July 1, 
1978". 
(c) The amendments made by this section shall be effective on and 
Effective date 
after July 1,1973. 
note.'''''"' 
AMENDMENTS TO PUBLIC LAW 8 1 5 , EIGHTY-FIRST CONGRESS 
SEC. 302. (a) (1) Section 5(a) (1) of such Act of September 23,1950 
(Public Law 815, Eighty-first Congress) is amended by striking out 
20 use 535. 
"(A) who so resided with a parent employed on Federal property 
(situated in whole or in part in the same State as the school district 
of such agency or within reasonable commuting distance from such 
school district), or (B) who had a parent who was on active duty in 
the uniformed services (as defined in section 102 of the Career Com-
pensation Act of 1949),". 
37 use 101. 
522 
20 u s e 635. 
20 use 646. 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
20 use 237. 
20 use 239. 
20 use 241-1. 
Effective date. 
20 use 237 
note. 
20 u s e 238. 
Effective date. 
20 u s e 238 
note. 
20 u s e 236. 
Effective date. 
20 u s e 238 
note. 
20 use 240. 
(2) Section 5(a) (2) of such Act is amended by striking out "resid-
ing on Federal property, or (B)" and by redesignating clause (C) as 
clause (B). 
(b) Section 16(a) of such Act is amended by inserting before the 
last sentence thereof the following new sentence: "For the purpose of 
the preceding sentence, the phrase 'cost of construction incident to the 
T-estoration or replacement of the school facilities'' includes such addi-
tional amounts as the Commissioner may approve in order to assure 
that the facilities, as restored or replaced, will afford appropriate pro-
tection against personal injuries resulting from a disaster.". 
DURATION o r PAYMENTS UNDER TITLE I OF PUBLIC LAW 8 7 4, EKIHTY-
FIRST CONGRESS EXCEPT WECTION 3 THEREOF 
SEC. 303. (a)(1) Section 2(a) of the Act of September 30, 1950 
(Public Law 874, Eighty-first Congress) is amended by striking out 
"July 1,1973" and inserting in lieu thereof "July 1,1978". 
(2) Section 4(a) of such Act is amended, in that part thereof which 
precedes clause (1), by striking out "July 1,1973" and inserting in lieu 
thereof "July 1,1978". 
(3) Section 7(a) of such Act is amended— 
(A) in clause (1)(A), by striking out "July 1, 1973," and 
inserting in lieu thereof "July 1,1978,"; and 
(B) in clause (1) (B), by inserting after '"seriously damaged" 
the following: "prior to July 1,1978". 
(b) The amendments made by this section shall be effective on and 
after July 1,1973. 
AMENDMENTS TO PUBLIC LAW 8 74, EIGHTY-FIRST CONGRESS FOR FISCAL 
YEAR 1975 
SEC. 304. (a)(1) Section 3(b) of the Act of September 30, 1950 
(Public Law 874, Eighty-first Congress) is amended by striking out 
"July 1,1973" and inserting in lieu thereof "July 1,1975". 
(2) The amendments made by this subsection shall be effective on 
and after July 1,1973. 
(b) (1) Section 3 of the Act of September 30,1950 (Public Law 874, 
Eighty-first Congress), is amended by adding at the end thereof the 
following new subsection: 
"(f) Isotwithstanding any other provision of title 1 of this Act 
(including the provisions of section 5(c)), a local educational agency 
with respect to which the number of children determined for any 
fiscal year under subsection (a) amounts to at least 25 per centum 
of the total number of children who were in average daily attendance 
at the schools of such agency during such fiscal year and for whom 
such agency provided free public education, shall receive an amount 
equal to 100 per centum of the amounts to which such agency would 
be otherwise entitled under subsection (a) of this section.". 
(2) The amendment made by this subsection shall be effective on 
and after July 1,1974. 
(c)(1) Section 5(d)(2) of such Act is amended by striking out 
"No" and inserting in lieu thereof "Except as provided in paragraph 
(3), no". 
(2) Section 5(d) of such Act is further amended by adding at the 
end thereof the following new paragraph: 
"(3) (A) Notwithstanding paragraph (2) of this subsection, if a 
State has in effect a program of State aid for free public education for 
any fiscal year, which is designed to equalize expenditures for free 
public education among the local educational agencies of that State, 
Notice and 
hearing. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
523 
payments under this title for any fiscal year may be taken into consid-
eration by such State in determining the relative— 
"(i) financial resources available to local educational agencies 
in that State; and 
"(ii) financial need of such agencies for the provision of free 
public education for children served by such agency, provided 
that a State may consider as local resources funds received under 
this title only in proportion to the share that local revenues 
covered under a State equalization program are of total local 
revenues. 
Whenever a State educational agency or local educational agency will 
be adversely affected by any decision of the Commissioner pursuant 
to this subsection, such agency shall be afforded notice and an oppor-
tunity for a hearing prior to the implementation of such decision. 
"(B) The terms 'State aid' and 'equalize expenditures' as used in this 
Definitions. 
subsection shall be defined by the Commissioner by regulation after 
consultation with State and local educational agencies affected pro-
vided that, the term 'equalize expenditures' shall not be construed in 
any manner adverse to a program of State aid for free public educa-
tion which provides for taking into consideration the additional cost of 
providing free public education for particular groups or categories of 
pupils in meeting the special educational needs of such children as 
handicapped children, economically disadvantaged, those who need 
bilingual education, and gifted and talented children.". 
(3) The amendments made by this subsection shall be effective for 
Effective date. 
n 
^ / 
-in>7K 
1 
20 u s e 240 
fiscal year 1975 only. 
note. 
(d) (1) Section 403(1) of such Act is amended by adding at the 
20 use 244. 
end thereof the following: "Real property which qualifies as Federal 
property under clause (A) of this paragraph shall not lose such 
qualification because it is used for a low-rent housing project.". 
(2) Clause (A) of section 5(c) (1) of such Act is amended by insert- 
^° ^^^ 2'*°-
ing after "Economic Opportunity Act of 1964" the following: "(other 
than any such property which is Federal property described in sec-
tion 403(1) (A))". 
AMENDMENTS TO SECTIONS 3, 5, AND 7 OF PUBLIC LAW 874, EIGHTY-FIRST 
CONGRESS 
SEC. 305. (a) (1) Section 3 of the Act of September 30,1950 (Public 
20 use 238. 
Law 874, Eighty-first Congress), is amended to read as follows: 
" C H I L D R E N RESIDING O N , OR WHOSE PARENTS ARE EMPLOYED ON, FEDERAL 
PROPERTY 
"Children of Persons Who Reside and Work on Federal Property 
"SEC. 3. (a) For the purpose of computing the amount to which a 
local educational agency is entitled under this section for any fiscal 
year, the Commissioner shall determine the number of children who 
were in average daily attendance at the schools of such agency, and 
for whom such agency provided free public education, during such 
fiscal year, and who, while in attendance at such schools, resided on 
Federal projjerty and— 
"(1) did so with a parent employed on Federal property sit-
uated (A) in whole or in part in the county in which the school 
district of such agency is located, or (B) if not in such county, 
in whole or in part in the same State as the school district of 
such agency; or 
524 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
"(2) had a parent who was on active duty in the uniformed 
services (as denned in section 101 of title 37, United States Code). 
In making a determination under clause (2) of the preceding sen-
tence with respect to a local educational agency for any fiscal year, 
the Commissioner shall include the number of children who were in 
average daily attendance at the schools of such agency, and for whom 
such agency provided free public education, during such year, and 
who, while in attendance at such schools, resided on Indian lands, 
as described in clause (A) of section 403 (1). 
20 use 244. 
"Children of Persons Who Reside or Work on Federal Property 
"'(b) For the purpose of computing the amount to which a local 
educational agency is entitled under this section for any fiscal year 
ending prior to July 1,1978, the Commissioner shall, in addition to any 
determination made with respect to such agency under subsection 
(a), determine the number of children (other than children with 
respect to whom a determination is made for such fiscal year under 
subsection (a)) who were in average daily attendance at the schools 
of such agency, and for whom such agency provided free public educa-
tion, during such fiscal year and who, while in. attendance at such 
schools, either— 
" (1) resided on Federal property, or 
"(2) resided with a parent employed on Federal property 
situated (A) in whole or in part in the county in which the school 
district of such agency is located, or (B) if not in such county, in 
whole or in part in the same State as the school district of such 
agency, or 
"(3) had a parent who was on active duty in the uniformed 
services (as defined in section 101 of title 37, United States Code). 
For such purpose, with respect to a local educational agency, in the 
case of any fiscal year ending prior to July 1, 1978, the Commissioner 
shall also determine the number of children (other than children to 
whom subsection (a) or the preceding sentence applies) who were in 
average daily attendance at the schools of such agency and for whom 
such agency provided free public education, during such fiscal year, 
and who, while in attendance at such schools resided with a parent who 
was, at any time during the three-year period immediately preceding 
the beginning of the fiscal year for which the determination is made, 
a refugee who meets the requirements of clauses (A) and (B) of sec-
22 use 2601. 
tjQj^ 2(b) (3) of the Migration and Refugee Assistance Act of 1962, 
except that the Commissioner shall not include in his determination 
imder this sentence for any fiscal year any child with respect to whose 
education a payment was made under section 2(b) (4) of such Act. 
"Eligibility for Payments 
"(c) (1) Except as is provided in paragraph (2), no local educa-
tional agency shall be entitled to receive a payment for any fiscal year 
with respect to a number of children determined under subsection (a) 
and subsection (b), unless the number of children so determined with 
respect to such agency amounts to— 
" (A) at least four hundred such children; or 
"(B) a number of such children which equals at least 3 per 
centum of the total number of childien who were in average daily 
attendance, during such year, at the schools of such agency and 
for whom such agency provided free public education; 
whichever is the lesser. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
525 
"(2) (A) (i) Clause (B) of paragraph (1) shall not operate to make 
any local educational agency eligible for a payment under this section 
for any fiscal year unless the number of children with respect to whom 
determination was made under subsections (a) and (b) respecting 
such agency for that fiscal year is at least ten. 
"(ii) If a local educational agency is eligible for a payment for 
any fiscal year by the operation of clause (B) of paragraph (1), it 
shall continue to be so eligible for the two succeeding fiscal years even 
if such agency fails to meet the requirement of such clause (B) dur-
ing such succeeding fiscal years, except that the number of children 
determined for the second such succeeding fiscal year with respect to 
such agency for the purpose of any clause in paragraph (1) of sub-
section (d) shall not exceed 50 per centum of the number of children 
determined with respect to such agency for the purpose of that clause 
for the last fiscal year during which such agency was so eligible. 
"(iii) If the Commissioner determines with respect to any local 
waiver. 
educational agency for any fiscal year that— 
"(I) such agency does not meet the requirement of clause (B) 
of paragraph (1) ; and 
"(II) the application of such requirement, because of excep-
tional circumstances, would defeat the purposes of this title; 
the Commissioner is authorized to waive such requirement with 
respect to such agency. 
"(B) No local educational agency shall be entitled to receive a pay-
ment for any fiscal year with respect to a number of children deter-
mined under the second sentence of subsection (b) unless the number of 
children so determined constitutes at least 20 per centum of the total 
number of children who were in average daily attendance at the 
schools of such agency and for whom such agency, during such fiscal 
year, provided free public education. 
"Amount of Payments 
"(d)(1) Except as is provided in paragraph (2), the amount to 
which a local educational agency shall be entitled under this section 
for any fiscal year shall be— 
"(A) in the case of any local educational agency with respect 
to which the rnmiber of children determined for such fiscal year 
under subsection (a) amounts to at least 25 per centum of the total 
number of children who were in average daily attendance at the 
schools of such agency during such fiscal year and for whom such 
agency provided free public education, an amount equal to 100 
per centum of the local contribution rate multiplied by the number 
of children determined under such subsection plus the sum of the 
products obtained with respect to such agency under clauses (B) 
(iii),(B)(iv),and(B)(v);and 
" (B) in any other case, an amount equal to the sum of— 
"(i) the product obtained by multiplying 100 per centum 
of the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under 
clause (2) of subsection (a), 
"(ii) the product obtained by multiplying 90 per centum of 
the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under 
clause d ) of subsection (a), 
"(iii) the product obtained by multiplying 50 per centum 
of the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under 
clause (3) of subsection (b), 
526 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
"(iv) the product obtained by multiplying 45 per centum 
of the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under 
clauses (1) and (2) (A) of subsection (b),and 
" (v) the product obtained by multiplying 40 per centum of 
the local contribution rate by the number of children deter-
mined with respect to such agency for such fiscal year under 
clause (2) (B) of subsection (b). 
"(2) (A) Not later than December 1 during each fiscal year begin-
ning after June 30,1977, the Commissioner shall, except as is provided 
m clause (iii) in the third sentence of this subparagraph, determine the 
total number of children with respect to whom determinations are 
made under subsection (b) for all local educational agencies making 
application for payments under this section which meet the eligibility 
requirements set forth in subsection (c). The Commissioner shall deter-
mine the percentage which such number constitutes of the total number 
of children who were in average daily attendance at the schools of 
such agencies during such fiscal year and for whom such agencies pro-
vided free public education. In calculating the products under clauses 
(B)(iii), (B)(iv), and (B) (v) of paragraph (1), with respect to 
any local educational agency for any fiscal year, the Commissioner 
shall reduce the number of children with respect to whom a determina-
tion is made under subsection (b) by a number equal to one-half of 
the number which the percentage determined under the preceding sen-
tence constitutes of the total number of children with respect to whom 
such a determination is made and who were in average daily attend-
ance at the schools of such agency during such fiscal year and for whom 
such agency provided free public education, except that— 
"(i) such percentage shall not exceed 4 per centum; 
"(ii) the number reduced shall not exceed three hundred; and 
" (iii) this subparagraph shall not apply to any local educational 
agency (I) with respect to which the number of children deter-
mined under subsection (b) for any fiscal year amounts to at least 
10 per centum of the total number of children who were in aver-
age daily attendance at the schools of such agency during such fis-
cal year and for whom such agency provided free public education, 
or (II) during any fiscal year in which such agency receives more 
than 25 per centum of the funds for its current expenditures from 
payments under this section. 
In determining the total number of children who were in average daily 
attendance at the schools of an agency during any fiscal year under 
clause (iii) (I) in the preceding sentence, the number of children in 
such schools with respect to whom a determination is made under sub-
section (a) for such year shall not be considered. 
"(B) If the Commissioner determines that— 
"(i) the amount computed under paragraph (1), as is other-
wise provided in this subsection with respect to any local edu-
cational agency for any fiscal year, together with the funds 
available to such agency from State and local sources and from 
other sections of this title, is less than the amount necessary to 
enable such agency to provide a level of education equivalent to 
that maintained in the school districts of the State which are 
generally comparable to the school district of such agency; 
" (ii) such agency is making a reasonable tax effort and exercis-
ing due diligence m availing itself of State and other financial 
assistance; 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
527 
"(iii) not less than 50 per centum of the total number of chil-
dren who were in average daily attendance at the schools of such 
agency during such fiscal year and for whom such agency pro-
vided free public education were, during such fiscal year, deter-
mined under either subsection (a) or clause (1) of subsection (b), 
or both; and 
"(iv) the eligibility of such agency under State law for State 
aid with respect to free public education of children residing on 
Federal property, and the amount of such aid, are determined on 
a basis no less favorable to such agency than the basis used in 
determining the eligibility of local educational agencies for State 
aid, and the amount thereof, with respect to the free public educa-
tion of other children in the State ; 
the Cormnissioner is authorized, to increase the amount computed 
under paragraph (1) with respect to such agency for such fiscal year 
to the extent necessary to enable such agency to provide a level of edu-
cation equivalent to that maintained in such comparable school dis-
tricts. The Commissioner shall not, under the preceding sentence, 
increase the amount computed under paragraph (1) with respect to 
any local educational agency for any fiscal year to an amount which 
exceeds the product of— 
"(I) the amount the Commissioner determines to be the cost 
per pupil of providing a level of education maintained in such 
comparable school districts during such fiscal year, 
multiplied by— 
"(II) the number of children determined with respect to such 
agency for such year under either subsection (a) or clause (1) of 
subsection (b), or both, 
minus the amount of State aid which the Commissioner determines to 
be available with respect to such children for the fiscal year for which 
the computation is being made. 
"(C) (i) The amount of the entitlement of any local educational 
special educa-
agency under this section for any fiscal year with respect to handi- entitfemlnt?^' 
capped children and children with specific learning disabilities for 
whom a determination is made under subsection (a)(2) or (b)(3) 
and for whom such local educational agency is providing a program 
designed to meet the special educational and related needs of such 
children shall be the amount determined under paragraph (1) with 
respect to such children for such fiscal year multiplied by 150 per 
centum. 
"(ii) For the purposes of division (i), programs designed to meet 
the special educational and related needs of such children shall be 
consistent with criteria established under division (iii). 
"(iii) The Commissioner shall by regulation establish criteria for 
criteria. 
assuring that programs (including preschool programs) provided 
by local educational agencies for children with respect to whom this 
subparagraph applies 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 in the implementation of such regulations the Com-
missioner shall consult with persons in charge of special education 
programs for handicapped children in the educational agency of the 
State in which such local educational agency is located. 
"(iv) For the purpose of this subparagraph the term 'handicapped 
Definitions. 
children' has the same meaning as specified in section 602(1) of the 
Education of the Handicapped Act and the term 'children with specific 
20 use 1401. 
learning disabilities' has the same meaning as specified in section 
602(15) of such Act. 
528 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Local contri-
bution rate. 
Formula. 
Definitions. 
"(3) (A) Except as is provided in subparagraph (B), in order to 
compute the local contribution rate for a local educational agency 
for any fiscal year, the Commissioner, after consulting with the State 
educational agency of the State in which the local educational agency 
is located and with the local educational agency, shall determine 
which school districts within such State are generally comparable to 
the school district of the local educational agency for which the com-
putation is being made. The local contribution rate for such agency 
shall be the quotient of— 
" (i) the aggregate current expenditures, during the second fiscal 
year preceding the fiscal year for which the computation is made, 
which the local educational agencies of such comparable school 
districts derived from local sources, 
divided by— 
"(ii) the aggregate number of children in average daily attend-
ance for whom such agency provided free public education during 
such second preceding fiscal year. 
"(B) (i) The local contribution rate for a local educational t^gency 
in any State shall not be less than— 
"(I) 50 per centum of the average per pupil expenditure in 
such State, or 
"(II) 50 per centum of such expenditures in all the States, 
whichever is greater, except that clause (II) shall not operate in such 
a manner as to make the local contribution rate for any local educa-
tional agency in any State exceed an amount equal to the average per 
pupil expenditure in such State. 
"(ii) If the current expenditures in those school districts which the 
Commissioner has determined to be generally comparable to the school 
district of the local educational agency for which a computation is 
made under subparagraph (A) are not reasonably comparable because 
of unusual geographical factors which affect the current expenditures 
necessary to maintain, in the school district of such agency, a level 
of education equivalent to that maintained in such other school dis-
tricts, the Commissioner is authorized to increase the local contribu-
tion rate for such agency by such an amount which he determines will 
compensate such agency for the increase in current expenditures neces-
sitated by such unusual geographical factors. 
"(iii) The local contribution rate for any local educational agency 
in— 
" (I) Puerto Rico, Wake Island, Guam, American Samoa, or the 
Virgin Islands, or 
"(II) any State in which a substantial proportion of the land 
is in unorganized territory, or 
"(III) any State in which there is only one local education 
agency, 
shall be determined for any fiscal year by the Commissioner in accord-
ance with policies and principles which will best achieve the purposes 
of this section and which are consistent with the policies and principles 
provided in this paragraph for determining local contribution rates in 
States where it is possible to determine generally comparable school 
districts. 
"(C) For the purposes of this paragraph— 
"(i) the term 'State' does not include Puerto Rico, Wake Island, 
Guam, American Samoa, or the Virgin Islands; and 
"(ii) the 'average per pupil expenditure' in a State shall be 
(I) the aggregate current expenditures, during the second fiscal 
year preceding the fiscal year for which the computation is made 
of all local educational agencies in the State, divided by (II) the 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
529 
aggregate number of children in average daily attendance for 
whom such agencies provide free public education during such 
second preceding fiscal year. 
"Adjustments for Decreases in Federal Activities 
"(e) Whenever the Commissioner determines that— 
"(1) for any fiscal year, the number of children determined 
with respect to any local educational agency under subsections (a) 
and (b) is less than 90 per centum of the number so determined 
with respect to such agency during the preceding fiscal year; 
I 
"(2) there has been a decrease or cessation of Federal activities 
i 
within the State in which such agency is located; and 
| 
"(3) such decrease or cessation has resulted in a substantial 
decrease in the number of children determined under subsections 
(a) and (b) with respect to such agency for such fiscal year; 
the amount to which such agency is entitled for such fiscal year and 
for any of the three succeeding fiscal years shall not be less than 90 
per centum of the amount to which such agency was so entitled for the 
preceding fiscal year. That part of any entitlement of any local educa-
tional agency which is in excess of the amount which such entitlement 
would be without the operation of the preceding sentence shall be 
deemed to be attributable to determinations of children with respect to 
such agency under subsection (b)(2)(A). 
"Determinations on the Basis of Estimates 
"(f) Determinations with respect to a number of children by the 
Commissioner under this section for any fiscal year shall be made, 
whenever actual satisfactory data are not available, on the basis of 
estimates. No such determination shall operate, because of an under-
estimate, to deprive any local educational agency of its entitlement 
to any payment (or the amount thereof) under this section to which 
such agency would be entitled had such determination been made on 
the basis of accurate data.". 
(2) Section 5 of such Act is amended to read as follows: 
20 use 240. 
"PAYMENTS 
"Applications 
"SEC. 5. (a) (1) Any local educational agency desiring to receive the 
payments to which it is entitled for any fiscal year under sections 2, 
3, or 4 shall submit an application therefor through the State edu- 
20 use 237. 
cational agency of the State in which such agency is located to the 
20*use 239! 
Commissioner. Such applications shall be submitted at such time, in 
such form, and containing such information as the Commissioner 
may reasonably require to enable him to carry out his functions under 
this title and shall give adequate assurance that the applicant will 
submit such reports as the Commissioner may reasonably require to 
Reports. 
determine whether such agency is entitled to a payment under any 
of such sections and the amount of such payment. 
"(2) (A) Applications submitted under paragraj>h (1^ for pay-
ments on the basis of children determined under section 3(a) or 3(b) 
who reside, or reside with a parent employed, on Indian lands shall 
set forth adequate assurance that Indian children will participate on 
an equitable basis in the school program of the local educational 
agency. 
530 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
"Indian lands.' 
20 use 244. 
"(B) For the purposes of this paragraph, the term 'Indian lands' 
means that property included within the definition of Federal prop-
erty under clause (A) of section 403(1). 
"Payments by the Commissioner 
"(b) The Commissioner shall pay to each local educational agency, 
making application pursuant to subsection (a), the amovmt to which 
^Arui^^ ^
5
2
^
3 
^^ ^
® entitled under sections 2,3, or 4. Sums appropriated, for any fiscal 
20 USC239.' 
year, to enable the Commissioner to make payments pursuant to this 
title shall, notwithstanding any other provision of law unless enacted 
in express limitation of this subsection, remain available for obliga-
tion and payments with respect to amounts due local educational agen-
cies under this title for such fiscal year, until the end of the fiscal year 
succeeding the fiscal year for which such sums are appropriated. 
"Adjustments Where Necessitated by Appropriations 
"(c) If the sums appropriated for any fiscal year for making pay-
ments on the basis of entitlements established under sections 2, 3, and 
4 for that year are not sufficient to pay in full the total amounts which 
the Commissioner estimates all local educational agencies are entitled 
to receive under such sections for such year, the Commissioner shall 
allocate such sums among local educational agencies and make pay-
ments to such agencies as follows: 
"(1) He shall first allocate to each local educational agency 
which is entitled to a payment under section 2 and section 3 an 
amount equal to 25 per centum of the amount to which it is entitled 
as computed under section 2 or section 3(d), as the case may be, 
for such fiscal year. 
"(2) P^rom that part of such sums which remains after the 
allocation required by paragraph (1) for any fiscal year, he shall 
allocate an additional amount— 
"(A) to each local educational agency described in clause 
(A) of section 3(d) (1) which equals 75 per centum of the 
amount to which such agency is entitled, as computed under 
section 3(d) with respect to a determination of a number of 
children imder section 3(a), for such fiscal year; 
"(B) to each local educational agency with respect to which 
a number of children is determined under clause (2) of sec-
tion 3(a) which equals 65 per centum of the amount to which 
such agency is entitled on the basis of determining such chil-
dren as computed under section 3(d), for such fiscal year; 
"(C) to each local educational agency with respect to which 
a number of children is determined under clause (1) of sec-
tion 3(a) which equals 63 per centum of the amount to which 
such agency is entitled on the basis of determining such chil-
dren, as computed under section 3(d), for such fiscal year; 
"(D) to each local educational agency with respect to which 
a number of children is determined under clause (3) of sec-
tion 3 (b) which equals 35 per centum of the amount to which 
such agency is entitled on the basis of determining such chil-
dren, as computed under section 3(d), for such fiscal year; 
"(E) to each local educational agency with respect to which 
a number of children determined under clause (1) and clause 
(2) (A) of section 3(b) which equals 32 per centum of the 
amount to which such agency is entitled on the basis of deter-
mining such children, as computed under section 3(d) for 
such fiscal year; 
20 use 237. 
Ante, p. 523. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
531 
"(F) to each local educational agency with respect to which 
a number of children is determined under clause (2) (B) of 
section 3(b) which equals 28 per centum of the amount to 
which such agency is entitled on the basis of determining such 
children, as computed under section 3(d), for such fiscal year; 
and 
"(G) to each local educational agency with respect to the 
amount to which such agency is entitled under section 2 which 
equals 35 per centum of the amount to which such agency 
is entitled on the basis of computations made under section 
2 for such fiscal year. 
"(3) Any sums remaining after allocations are made pursuant 
to paragraph (2) for any fiscal year shall be allocated by the Com-
missioner among local educational agencies which have unsatisfied 
entitlements established under sections 2, 3, and 4 in proportion to 
the degree to which such entitlements are unsatisfied for that fiscal T
o use 23/. 
year, after allocations are made pursuant to paragraphs (1) and 
(2). 
Xo allocation may be made pursuant to paragraph (2) or (3) and no 
Restrictions 
payment may be paid on the basis of any such allocation unless alloca-
tions are made pursuant to paragraph (1) and payments are made on 
the basis of such allocations. No allocation may be made pursuant to 
any clause of paragraph (2) and no payment may be made on the basis 
of any such allocation unless allocations are made pursuant to all of 
the clauses of such paragraph and payments are made on the basis of 
such allocations. 
"Treatment of Payments by the States in Determining Eligibility 
for, and the Amount of, State Aid 
"(d)(1) Except as provided in paragraph (2), no payments may 
be made under this title for any fiscal year to any local educational 
agency in any State (A) if that State has taken into consideration 
payments under this title in determining— 
"(i) the eligibility of any local educational agency in that 
State for State aid for free public education of children; or 
"(ii) the amount of such aid with respect to any such agency; 
during that fiscal year or the preceding fiscal year, or (B) if such 
State makes such aid available to local educational agencies in such a 
manner as to result in less State aid to any local educational agency 
which is eligible for payments under this title than such agency would 
receive if such agency were not so eligible. 
"(2) (A) Notwithstanding paragraph (1) of this subsection, if 
a State has in effect a program of State aid for free public education 
for any fiscal year, which is designed to equalize expenditures for 
free public education among the local educational agencies of that 
State, payments under this title for any fiscal year may be taken into 
consideration by such State in determining the relative— 
"(i) financial resources available to local educational agencies 
in that State; and 
"(ii) financial need of such agencies for the provision of free 
public education for children served by such agency, provided 
that a State may consider as local resources funds received under 
this title only in proportion to the share that local revenues cov-
ered under a State equalization program are of total local 
revenues. 
Whenever a State educational agency or local educational agency will 
be adversely affected by the operation of this subsection, such agency 
532 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Notice and 
hearing opportu-
nity. 
Definitions. 
20 u s e 244. 
Ante, 
p. 523. 
20 u s e 241-1, 
Report to con-
gressional com-
mittees. 
shall be afforded notice and an opportunity for a hearing prior to the 
reduction or termination of payments pursuant to this subsection. 
"(B) The terms 'State aid' and 'equalize expenditures' as used in 
this subsection shall be defined by the Commissioner by regulation, 
after consuhation with State and local educational agencies affected by 
this subsection, provided that the term 'equalize expenditures' shall 
not be construed in any manner adverse to a program of State aid 
for free public education which provides for taking into consideration 
the additional cost of providing free public education for particular 
groups or categories of pupils in meeting the special educational needs 
of such children as handicapped children, economically disadvan-
taged, those who need bilingual education, and gifted and talented 
children. 
"Limitations on Payments with Respect to Children on, or Residing 
with a Parent Employed on, Federal Property Described in Section 
403(1) (C) 
"(e) (1) The Commissioner shall determine that part of the entitle-
ment of each local educational agency, for each fiscal year ending 
prior to July 1, 1978, which is attributable to determinations under 
subsections (a) and (b) of section 3 of the number of children who 
resided on, or resided with a parent employed on, property which is 
described in section 403(1) (C). 
"(2) No allocation or payment shall be made under paragraph 
(2) of subsection (c) with respect to that part of any entitlement 
of any local educational agency which is determined with respect 
to such agency for such year under paragraph (1). The limitation in 
this paragraph shall not operate under the last two sentences of sub-
section (c) to prevent allocations and payments under such paragraph 
"(3) The amount of the payment to any local educational agency 
which is determined with respect to such agency under paragraph (1) 
shall be used for special programs and projects designed to meet the 
special educational needs of educationally deprived children from low 
income families. 
"Use of Funds Paid with Respect to Entitlements 
Increased 
Under Section 3(d)(2)(C) 
"(f) The amount of the payment to any local educational agency 
for any fiscal year which is attributable to a determination of children 
for increased payments under subparagraph (C) of section 3(d) (2) 
shall be used by such agency for special educational programs designed 
to meet the special educational needs of children with respect to whom 
such determination is made.". 
(3) Section 7(c) of such Act is amended by striking out the second 
sentence thereof and inserting in lieu thereof the following: "Pend-
ing such appropriation, the Commissioner is authorized to expend 
(without regard for subsections (a) and (e) of section 3679 of the 
Revised Statutes (31 U.S.C. 665)) from any funds appropriated to 
the Office of Education and at that time available to the Commissioner, 
such sums as may be necessary for providing immediate assistance 
under this section. Expenditures pursuant to the preceding sentence 
shall— 
"(1) be reported by the Commissioner to the Committees on 
Appropriations and Education and Labor of the House of Rep-
resentatives and the Committees on Appropriations and Labor 
and Public Welfare of the Senate within thirty days of the 
expenditure; 
Budget 
mate. 
esti-
Effective date 
20 use 
note. 
20 use 
note. 
238 
238 
Ante, p. 523. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
5a3 
"(2) be reimbursed from the appropriations authorized by the 
first sentence of this subsection. 
The report required to the Committees on Appropriations by clause 
(1) in the preceding sentence shall constitute a budget estimate within 
the meaning of section 201(a)(5) of the Act of June 10, 1921 (31 
U.S.C.ll(a)(5)).". 
The amendments made by paragraphs (1) and (2) of subsection (a) 
shall be effective on and with respect to appropriations for fiscal years 
beginning on and after July 1, 1975, and the amendments made by 
paragraph (3) of subsection (a) shall be effective upon enactment of 
this Act. 
(2) (A) (i) Notwithstanding any other provision of law unless 
enacted in express limitation of this subparagraph— 
(I) in the case of any local educational agency which is entitled 
to a payment under section 3 of the Act of September 30, 1950 
(Public Law 874, Eighty-first Congress) for the fiscal year end-
ing June 30, 1973, which constituted an amount equal to not less 
than 10 per centum of the current expenditures of such agency 
for such fiscal year, the amount paid to such agency pursuant to 
such Act of September 30, 1950, for any fiscal year beginning 
20 use 236 
after June 30,1974, and ending prior to July 1, 1978, on the basis 
of the entitlement of that agency under such section 3, shall not 
be less than 90 per centum of the amount paid to such agency 
on the basis of such entitlement for the preceding fiscal year; and 
(II) in the case of any other local educational agency, the 
amount so paid during any fiscal year beginning after June 30, 
1974, and ending prior to July 1, 1978, shall not be less than 80 
per centum of the amount so paid for the preceding fiscal year. 
In the case of any local educational agency which is eligible prior to 
July 1,1975, for a payment under section 3 of the Act of September 30, 
1950 (Public Law 874, Eighty-first Congress) by reason of the 3 per-
centum requirement in clause (B) of section 3(c)(2) of such Act, as 
in effect prior to the effective date of the amendment made hj para-
graph (1) of subsection (a), but which fails to meet such requirement 
in any fiscal year ending prior to July 1, 1977, such agency shall con-
tinue to be eligible for a payment under such section 3 as then in effect 
for the two succeeding fiscal years, but the payment under such section 
during the second of such succeeding fiscal years shall not exceed 50 
per centum of the amount of the payment such agency was entitled 
to receive during the most recent fiscal year in which it was so eligible 
by reason of such clause (B). 
(ii) Funds appropriated for any fiscal year for making payments to 
local educational agencies pursuant to the Act of September 30, 1950 
(Public Law 874, Eighty-first Congress), which are increased by rea-
son of the provisions of division (i) shall, to the extent of any such 
increase, be separate from funds appropriated for such fiscal year for 
payments pursuant to title I of such Act which are not so increased. If, 
for any fiscal year, a law making appropriations for payments pur-
suant to such title I is enacted and such law makes no express provision 
for payments increased by division (i) — 
(I) all funds so appropriated shall be allocated and paid in 
accordance with section 5 of such Act of September 30, 1950, and 
without regard for the provisions of division (i); and 
(II) not later than fifteen days after the enactment of such 
law, the Commissioner shall submit a report to the Committees 
on Appropriations and on Education and Labor of the House 
of Representatives and the Committees on Appropriations and 
Ante, 
p. 529. 
Report to con-
gressional com-
mittees. 
m
TR
tn
Decreased en 
rollment. 
Effective date. 
534 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Labor and Public Welfare of the Senate, which report shall con-
tain a statement detailing the dollar amounts necessary to satisfy 
the requirements of division (i) and constitute a budget estimate 
within the meaning of section 201(a) (5) of the Act of June 10, 
1921 (31U.S.C.ll(a)(5)). 
(B) In the case of any local educational agency which experiences a 
decrease in the number of children determined by the Commissioner of 
Education under section 3 of the Act of September 30, 1950 (Public 
Ante, p. 523. 
Law 874, Eighty-first Congress) of 10 per centum or more of such 
number— 
(i) during the fiscal year ending June 30,1974, or the fiscal year 
ending June 30, 1975; or 
(ii) during the period beginning July 1, 1973, and ending 
June 30,1975; 
as the result of a decrease in, or cessation of, Federal activities affect-
ing military installations in the United States announced after April 
16, 1973, the amount of the payment to which such agency shall be 
entitled under title I of such Act, as computed under section 3 of such 
Act, for any fiscal year ending prior to July 1, 1978, shall not be less 
than 90 per centum of the amount to which the agency was so entitled 
during the preceding fiscal year. The provisions of this subparagraph 
shall be effective on and after July 1, 1974, and with respect to appro-
priations for the fiscal vear ending June 30. 1975, and succeedinjr fiscal 
years, and such provisions shall be deemed to have been enacted before 
the beginning of the fiscal year ending June 30, 1975. Nothing in this 
subparagraph shall be construed to decrease the amount of the pay-
ment to which any local educational agency is entitled for any fiscal 
year on the basis of entitlements created under section 3 of such Act 
of September 30,1950. 
(C) During the first fiscal year in which the amendments made by 
subsection (a) are effective and each of the succeeding fiscal years 
ending prior to July 1, 1978, the Commissioner shall determine with 
respect to each local educational agency in any State the number of 
children who were in average daily attendance at the schools of such 
agency, and for whom such agency provided free public education, 
during such fiscal year, and who, while in attendance at such schools 
resided with a parent employed on Federal property in a State or in a 
county other than the State or county, as the case may be, in which the 
school district of such agency is located but which is situated within a 
reasonable commuting distance from the school district of such agency. 
If the number of children determined under the preceding sentence 
is equal to at least 10 per centum of the total number of children deter-
mined with respect to such agency for such fiscal year under section 
3(b) of the Act of September 30, 1950 (Public Law 874, Eighty-first 
Congress), the amount to which such agency shall be entitled with 
respect to a number of children determined under such section 3(b) 
for such fiscal year, shall not be less than 90 per centum of the amount 
which such agency received with respect to the number of children so 
determined during the preceding fiscal year, as computed under section 
3 of such Act. 
(D) (i) The Commissioner shall determine for each fiscal year 
beginning after June 30, 1975, and ending prior to July 1, 1978, the 
amount which Ciach local educational agency would be paid for that 
fiscal year under section 3 of the Act of September 30, 1950 (Public 
Ivaw 874, Eighty-first Congress) if the amount appropriated had been 
allocated as provided in section 5(c) of such Act without regard for 
entitlements (or portions thereof) which are attributable to deter-
minations under subsections (a) and (b) of such section of the number 
Ante, 
p. 529. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
535 
of children who resided on, or resided with a parent employed on, prop-
erty which is part of a low-rent housing project described in section 
403(1) (C). The Commissioner shall then determine the amount which 
^° ^^^ 244. 
each local educational agency is to be paid for that fiscal year under 
such section 3 and allocated in accordance with such section 5(c). If 
the amount determined with respect to any local educational agency 
under the first sentence of this division is greater than the amount 
determined with respect to the second sentence of this division, the 
Commissioner shall pay to that agency an amount equal to the 
difference between the amounts so determined. 
(ii) Funds appropriated for any fiscal year for making payments 
pursuant to the third sentence of division (i) shall be separate from 
funds appropriated for such fiscal year for making payments pursuant 
to section 5 of the Act of September 30,1950 (Public Law 874, Eighty- 
^nte, p. 529. 
first Congress). If, for any fiscal year, a law making appropriations 
for payments pursuant to such section 5 is enacted, and such law 
makes no express provision for payments pursuant to such third 
sentence— 
(I) all funds so appropriated shall be allocated and paid in 
accordance with such section 5, without i-egard for such third 
sentence; and 
(II) not later than fifteen days after the enactment of such law, ^ll°ona° ^°m-
the Commissioner shall submit a report to the Committees on mittees. 
Appropriations and on Education and Labor of the House of 
Representatives and the Committees on Appropriations and 
Labor and Public Welfare of the Senate, which report shall con-
tain a statement detailing the dollar amounts necessary to make 
the payments required under such third sentence and shall, with 
respect to such dollar amounts, constitute a budget estimate within 
the meaning of section 201(a)(5) of the Act of June 10, 1921 
(31 IT.S.C. 11(a)(5)). 
TITLE IV—CONSOLIDATION OF CERTAIN EDUC^ATION 
PROGRAMS 
CONSOLIDATION OF LIBRARY AND LEARNING RESOURCES, EDUCATIONAL 
INNOVATION, AND SUPPORT PROGRAMS 
SEC. 401. Title IV of the Elementary and Secondary Education Act 
of 1965, is amended to read as follows: 
"TITLE IV—LIBRARIES, LEARNING RESOURCES, EDUCA-
TIONAL INNOVATION, AND SUPPORT 
"PART A—GENERAL PROVISIONS 
"AUTHORIZATION or 
APPROPRIATIONS 
"SEC. 401. (a) (1) Subject to the provisions of paragraph (2), there 
is authorized to be appropriated the sum of $395,000,000 for obligation 
by the Commissioner during the fiscal year ending June 30, 1976, and 
such sums as may be necessary for obligation by the Commissioner 
during each of the two succeeding fiscal years, for the purpose of mak-
ing grants under part B (Libraries and Learning Resources) of this 
title. 
"(2) No funds are authorized to be appropriated under this sub-
section for obligation by the Commissioner during any fiscal year 
unless— 
20 use 331 . 
20 u s e 1801, 
536 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
"(A)(i) aggregate amount which ^'Ould be appropriated under 
this subsection is at least equal to the aggregate amount appro-
priated for obligation by the Commissioner during the preceding 
fiscal year in which part B was in ( ffect, or 
"(ii) in the case of appropriations under this subsection for 
the first fiscal year in which part B is effective, such amount is at 
least equal to the aggregate amount appropriated for obligation 
by the Commissioner for the fiscal year ending June 30, 1974, or 
for the preceding fiscal year, whichever is higher, under title I I 
and so much of title I I I as relates to testing, guidance, and 
^^2 0 use 821, 
counseling of this Act, and under title I I I (except for section 305) 
20 use 441. 
of the National Defense Education Act of 1958, and 
"(B) the sums appropriated pursuant to this subsection are 
included in an Act making appropriations for the fiscal year prior 
to the fiscal year in which such sums will be obligated, and are 
made available for expenditure prior to the beginning of such 
fiscal year, 
" (b) (1) Subject to the provisions of paragraph (2), there is author-
ized to be appropriated the sum of $350,000,000 for obligation by the 
Commissioner during the fiscal year ending June 30, 1976, and such 
sums as may be necessary for obligation by the Commissioner during 
each of the two succeeding fiscal years, ior the purpose of making 
grants under part C (Educational Innovation and Support) of this 
title. 
"(2) No funds are authorized to be appropriated under this sub-
section for obligation by the Commissioner during any fiscal year 
unless— 
"(A)(i) the aggregate amount which would be appropriated 
under this subsection is at least equal to the aggregate amount 
appropriated for obligation by the Commissioner during the pre-
ceding fiscal year in which part C was in effect, or 
" (ii) in the case of appropriations under this subsection for the 
first fiscal year in which part C is effective, such amount is at least 
equal to the aggregate amount appropriated for obligation by the 
Commissioner for fiscal year ending June 30, 1974, or for the pre-
ceding fiscal year, whichever is higher, under title I I I (except for 
programs of testing, guidance, and counseling), title V, and sec-
20 use 841. 
tions 807 and 808 of this Act, and 
"(B) the sums appropriated pursuant to this subsection are 
included in an Act making appropriations for the fiscal year prior 
to the fiscal year in which such sums will be obligated, and are 
made available for expenditure prior to the beginning of such 
fiscal year. 
"(c) (1) In the first fiscal year in which appropriations are made 
pursuant to part B, 50 per centum of the funds so appropriated shall 
be available to the States to carry out part B of this title. The remain-
der of such funds shall be available to the States and shall be allotted 
to the States, or to the Commissioner, as the case may be, in such 
year, pursuant to title I I and so much of title I I I as relates to testing, 
guidance, and counseling under this Act, and under title I I I (except 
for section 305) of the National Defense Education Act of 1958, for 
each such program in an amount which bears the same ratio to such 
remainder as the amount appropriated for each such program for the 
fiscal year ending June 30, 1974, or for the fiscal year preceding the 
fiscal year for which the determination is made, whichever is higher, 
bears to the aggregate of such appropriated amounts. The amounts 
made available under the second sentence of this paragraph shall be 
subject to the provisions of law governing each such program. 
861, 887, 887a. 
88 STAT.] 
PUBLIC LAW 93-380-AUG. 21, 1974 
537 
"(2) In the first fiscal year in which appropriations are made pur-
suant to part C, 50 per centum of the funds so appropriated shall be 
^°^'' P- S"*^-
available to carry out part C of this title. The remainder of such funds 
shall be available to the States and shall be allotted to the States, or 
to the Commissioner, as the case may be, in such year, pursuant to title 
I I I (except for programs of testing, guidance, and counseling), title 
V, and sections 807 and 808 of this Act, for each such program in an gg^j" ^^^^ ggj;^ 
amount which bears the same ratio to such remainder as the amount 
appropriated for each such program for the fiscal year ending June 30, 
1974, or for the fiscal year preceding the fiscal year for which the deter-
mination is made, whichever is higher, bears to the aggregate of such 
appropriated amounts. The amount made available under the second 
sentence of this paragraph shall be subject to the provisions of law 
governing each such program. 
•'ALLOTMENT TO THE STATES 
"SEC. 402. (a)(1) There is hereby authorized to be appropriated 
^o u'sc^fsor* 
for each fiscal year for the purposes of this paragraph amounts equal 
to not more than 1 per centum of each of the amounts appropriated for 
such year under subsections (a) or (b), or both, of section 401. The 
^"^^' P- •"'. 
Commissioner shall allot each of the amounts appropriated pursuant 
to this paragraph among Guam, American Samoa, the Virgin Islands, 
and the Trust Territory of the Pacific Islands according to their 
respective needs for assistance under part B or part C, or both, of this 54^°'^'' ^^' ^''^' 
title. In addition, for each fiscal year he shall allot from each of such 
amounts to (A) the Secretary of the Interior the amounts necessary 
for the programs authorized by each such part for children and 
teachers in elementary and secondary schools operated for Indian chil-
dren by the Department of the Interior, and (B) the Secretary of 
Defense the amounts necessary for the programs authorized by each 
such part for children and teachers in the overseas dependents schools 
of the Department of Defense. The terms upon which payment for 
such purposes 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 amounts appi-opriated to carry out part B or part C, 
or both, of this title for any fiscal vear pursuant to subsections (a) and 
(b) of section 401. the Commissioner shall allot to each State from 
each such amount an amount which bears the same ratio to such amount 
as the number of children aged five to seventeen, inclusive, in the State 
bears to the number of such children in all the States. For the purposes 
of this subsection, the term 'State' shall not include Guam, ximerican 
"state." 
Samoa, the Virgin Islands, and the Trust Territory of the Pacific 
Islands. The number of children aged five to seventeen, inclusive, in a 
State and in all the States shall be determined by the Commissioner on 
the basis of the most recent satisfactory data available to him. 
"'(b) The amount of any State's allotment under subsection (a) for 
Reaiiotment. 
any fiscal year to cari-y out part B or C which the Commissioner deter-
mines will not be required for such fiscal year to carry out such part 
shall be available for reaiiotment from time to time, on such dates dur-
ing such year as the Commissioner may fix, to other States in propor-
tion 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 
543 
Post, p, 541. 
538 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
whose proportionate amounts were not so reduced. Any amounts real-
lotted to a State under this subsection during a year from funds appro-
Ante, p. 53 5. 
priatcd pursuant to section 401 shall be deemed a part of its allotment 
under subsection (a) for such year. 
"STATE PLANS 
^^Advisory coun- 
"SEC. 403 (a) Auy State which desires to receive grants under this 
Establishment, 
title shall establish an advisory council as provided by subsection (b) 
2 0 use 1803. 
and shall submit to the Commissioner a State plan, in such detail as 
the Commissioner deems necessary, which— 
"(1) designates the State educational agency as the State 
agency which shall, either directly or through arrangements with 
other State or local public agencies, act as the sole agency for the 
administration of the State plan; 
"(2) sets forth a program under which funds paid to the State 
Ante, p. 537. 
from its allotmcnts under section 402 will be expended solely for 
the programs and purposes authorized by parts B and C of this 
Post, p. 542, 
title, and for administration of the State plan; 
"(3) provides assurances that the requirements of section 
406 (relating to the participation of pupils and teachers in non-
public elementary and secondary schools) will be met, or certifies 
that such requirements cannot legally be met in such State; 
"(4) provides assurances that (A) funds such agency receives 
from appropriations made under section 401(a) will be distrib-
uted among local educational agencies according to the enroll-
ments in public and nonpublic schools within the school districts 
of such agencies, except that substantial funds will be provided 
to (i) local educational agencies whose tax eifort for education 
is substantially greater than the State average tax effort for edu-
cation, but whose per pupil expenditure (excluding payments 
made under title I of this Act) is no greater than the average per 
pupil expenditure in the State, and (ii) local educational agencies 
which have the greatest numbers or percentages of children whose 
education imposes a higher than average cost per child, such as 
children from low-income families, children living in sparsely 
populated areas, and children from families in which English is 
not the dominant language; and (B) funds such agency receives 
from appropriations made under section 401(b) will be distrib-
uted among local educational agencies on an equitable basis rec-
ognizing the competitive nature of the grantmaking except that 
the State educational agency shall provide assistance in formu-
lating proposals and in operating programs to local educational 
agencies which are less able to compete due to small size or lack 
of local financial resources; and the State plan shall set forth the 
specific criteria the State educational agency has developed and 
will apply to meet the requirements of this paragraph; 
"(5) provides that each local educational agency will be given 
complete discretion (subject to the provisions of section 406) in 
determining how the funds it receives from appropriations made 
under section 401 (a) will be divided among the various programs 
Post, p. 542. 
described in section 421, except that, in uie first year in which 
appropriations are made pursuant to part B, each local educational 
agency will be given complete discretion with respect to 50 per 
centum of the funds appropriated for that part attributable to 
that local educational agency; 
20 use 236. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
539 
"(6) provides for the adoption of effective procedures (A) for ^jfj^f'^^"' ^''^^"" 
an evaluation by the State advisory council, at least annually, of 
the effectiveness of the programs and projects assisted under the 
State plan, (B] for the appropriate dissemination of the results 
of such evaluations and other information pertaining to such pro-
grams or projects, and (C) for the adoption, where appropriate, 
of promising educational practices developed through innovative 
programs supported under part C; 
Post, p. 543. 
"(7) provides that local educational agencies applying for 
funds under any program under this title shall be required to 
submit only one application for such funds for any one fiscal 
year; 
"(8) provides— 
" (A) that, of the funds the State receives under section 401 
^"'«' P- 535. 
for the first fiscal year for which such funds are available, 
such agency will use for administration of the State plan 
not to exceed whichever is greater (i) 5 per centum of the 
amount so received ($50,000 in the case of Guam, American 
Samoa, the Virgin Islands, and the Trust Territory of the 
Pacific Islands), excluding any part of such amount used for 
purposes of section 431 (a) (3), or (ii) the amount it received 
^°^'' P- 543. 
for the fiscal year ending June 30, 1973, for administration of 
the programs referred to in sections 421(b) and 431(b), and 
P°^^' P- 542. 
that the remainder of such funds shall be made available to 
local educational agencies to be used for the purposes of parts 
B and C, respectively; and that, of the funds the State ^^|'os'. P-542. 
receives under section 401 for fiscal years theieafter, it will 
use for administration of the State plan not to exceed which-
ever is greater (i) 5 per centum of the amount so received 
($50,000 in the case of Guam, American Samoa, the Virgin 
Islands, and the Trust Territory of the Pacific Islands), 
excluding any part of such amount used for purposes of sec-
tion 431(a) (3), or (ii) $225,000, and that the remainder of 
such funds shall be made available to local educational agen-
cies to be used for purposes of parts B and C, respectively, 
"(B) that not less than 15 per centum of the amount 
received pursuant to section 401 (b) in any fiscal year (not in-
cluding any amount used for purposes of section 431(a)(3)) 
shall be used for special programs or projects for the educa-
tion of children with specific learning disabilities and handi-
capped children, and 
"(C) that not more than the greater of (i) 15 per centum 
of the amount which such State receives pursuant to section 
401(b) in any fiscal year, or (ii) the amount available by 
appropriation to such State in the fiscal year ending June 
30, 1973, for purposes covered by section 431(a)(3), shall 
be used for purposes of section 431(a)(3) 
(relating to 
strengthening State and local educational agencies) ; 
"(9) provides assurances that in the case of any project for the ce^si^bmrVo'"^" 
repair, remodeling, or construction of facilities, that the facili- handicapped 
ties shall be accessible to and usable by handicapped persons; persons. 
"(10) sets forth policies and procedures which give satisfactory 
assurance that Federal funds made available under this title for 
any fiscal year will not be commingled with State funds; and 
"(11) gives satisfactory assurance that the aggregate amount 
to be expended by the State and its local educational agencies 
from funds derived from non-Federal sources for programs 
540 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Post, p. 542. 
Membership. 
Post, 
p. 544. 
Report to 
Commissioner. 
Meetings. 
State plan 
approval. 
described in section 421(a) for a fiscal year will not be less than 
the amount so expended for the preceding fiscal year. 
"(b)(1) The State advisory council, established pursuant to sub-
section (a), shall— 
"(A) be appointed by the State educational agency or as other-
wise provided by State law and be broadly representative of the 
cultural and educational resources of the State (as defined in 
section 432) and of the public, including persons representative 
of— 
"(i) public and private elementary and secondary schools, 
"(ii) institutions of higher education, and 
"(iii) fields of professional competence in dealing with 
children needing special education because of physical or 
mental handicaps, specific learning disabilities, severe educa-
tional disadvantage, and limited English-speaking ability or 
because they are gifted or talented, and of professional com-
petence in guidance and counseling; 
"(B) advise the State educational agency on the preparation 
of, and policy matters arising in the administration of, the State 
plan, including the development of criteria for the distribution 
of funds and the approval of applications for assistance under this 
title; 
"(C) evaluate all programs and projects assisted under this 
title; and 
"(D) prepare at least annually and submit through the State 
educational agency a report of its activities, recommendations, and 
evaluations, together with such additional comments as the State 
educational agency deems appropriate, to the Commissioner. 
"(2) Not less than ninety days prior to the beginning of any fiscal 
year for which funds will be available for carrying out this title, each 
State shall certify the establishment of, and membership of (includ-
ing the name of the person designated as Chairman), its State advisory 
council to the Commissioner. 
"(3) Each State advisory council shall meet within thirty days 
after certification has been accepted by the Commissioner and estab-
lish the time, place, and manner of its future meetings, except that 
such council shall have not less than one public meeting each year at 
which the public is given an opportunity to express views concerning 
the administration and operation of this title. 
"(4) Each State advisory council shall be authorized to obtain 
the services of such professional, technical, and clerical personnel, 
and to contract for such other services as may be necessary to enable 
them to carry out their functions under this title, and the (Commis-
sioner shall assure that funds sufficient for these purposes are made 
available to each council from funds available for administration of 
the State plan. 
"(c) The Commissioner shall approve any State plan and any modi-
fication thereof which complies with the provisions of subsections (a) 
and (b) of this section. 
u 
ADMINISTRATION OF STATE PLANS 
Notice and 
hearing opportu-
nity. 
20 u s e 1804. 
"SEC, 404. 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 
opportunity for a hearing. 
/ 
88 STAT. ] 
PUBLIC LAW 93-380_AUG. 21, 1974 
541 
it PAYMENTS TO STATES 
"SEC. 405. From the amounts allotted to each State under section 
^o use isos. 
402 for carrying out the programs authorized by parts B and C, 
Poft^ pp "42, 
respectively, the Commissioner shall pay to that State an amount 543. ' 
equal to the amount expended by the State in carrying out its State 
plan (after withholding any amount necessary pursuant to section 
406(f)). 
In fra. 
a 
PARTICIPATION OF CHILDREN ENROLLED I N PRIVATE SCHOOLS 
"SEC. 406. (a) To the extent consistent with the number of children 
in the school district of a local educational agency (which is a recipient 
of funds under this title or which serves the area in which a program 
or project assisted under this title is located) who are enrolled in pri-
vate nonprofit elementary and secondary schools, such agency, after 
consultation with the appropriate private school officials, shall provide 
for the benefit of such children in such schools secular, neutral, and 
nonideological services, materials, and equipment including the repair, 
minor remodeling, or construction of public school facilities as may be 
necessary for their provision (consistent with subsection (c) of this 
section), or, if such services, materials, and equipment are not feasible 
or necessary in one or more such private schools as determined by the 
local educational agency after consultation with the appropriate pri-
vate school officials, shall provide such other arrangements as will 
assure equitable participation of such children in the purposes and 
benefits of this title. 
"(b) Expenditures for programs pursuant to subjection (a) shall 
be equal (consistent with the number of children to be served) to 
expenditures for programs for children enrolled in the public schools 
of the local educational agency, taking into account the needs of the 
individual children and other factors (pursuant to criteria supplied 
by the Commissioner) which relate to such expenditures, and when 
funds available to a local educational agency under this title are used 
to concentrate programs or projects on a particular group, attendance 
area, or grade or age level, children enrolled in private schools who 
are included within the group, attendance areas, or grade or age level 
selected for such concentration shall, after consultation with the appro-
priate private school officials, be assured equitable participation in the 
purposes and benefits of such programs or projects. 
"(c) (1) The control of funds provided under this title and title to 
materials, equipment, and property repaired, remodeled, or con-
structed therewith shall be in a public agency for the uses and pur-
poses provided in this title, and a public agency shall administer such 
funds and property. 
"(2) The provision of services pursuant to this section shall be pro-
vided by employees of a public agency or through contract by such 
public agency with a person, an association, agency, or corporation 
who or which in the provision of such services is independent of such 
private school and of any religious organization, and such employ-
ment or contract shall be under the control and supervision of such 
public agency, and the funds provided under this title shall not be 
commingled with State or local funds. 
"(d) If a State is prohibited by law from providing for the partici-
pation in programs of children enrolled in private elementary and 
secondary schools, as required by this section, the Commissioner may 
waive such requirement and shall arrange for the provision of serv-
ices to such children through arrangements which shall be subject to 
the requirements of this section. 
20 u s e 1806, 
Equal expendi-
tures. 
Administration. 
542 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 
STAT. 
Notice and 
hearing opportu-
nity. 
Judicial review. 
Jurisdiction. 
"(e) If the Commissioner determines that a State or a local edu-
cational agency has substantially failed to provide for the participa-
tion on an equitable basis of children enrolled in private elementary 
and secondary schools as required by this section, he shall arrange for 
the provision of services to such children throUjTh arrangements Avhich 
shall be subject to the requirements of this section. 
"(f) When the Commissioner arranges for services pursuant to this 
section, he shall, after consultation with the appropriate public and 
private school officials, pay the cost of such services from the appro-
priate allotment of the State under this title. 
"(8')(1) The Commissioner shall not take any final action under 
this section until he has aiforded the State educational agency and 
local educational agency affected by such action at least sixty days 
notice of his proposed action and an opportunity for a hearing with 
r'ospect thereto on the record. 
"(2) If a State or local educational agency is dissatisfied with the 
Commissioner's final action after a hearing under subparagraph (A) 
of this paragraph, it 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 pi'ovided in section 2112 of title 28, United States Code. 
"(-5) The findings of fact by the Commissioner, if supported by 
substantial evidence, shall be conclusive; but the court, for good cause 
sliovvn, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modified 
(indings 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 sliall likewise be conclusive if supported by substantial 
evidence. 
"(4) Upon the filing of such petition, the court shall have juris-
diction to affirm the action of the Commissioner or to set it aside, in 
whole 01' in part. The judgment of the court shall be subject to review 
by the Supreme Court of the United States upon certiorari or certifica-
rion as provided in section 1254 of title 28, United States Code.". 
'PART 15—LIBRARIES AND LEARNING RESOURCES 
Grants to 
States. 
20 u s e 1821. 
PROGRAMS 
AUTHORIZED 
"SKC. 421. (a) The Commissioner shall carry out a program for 
making grants to the States (pursuant to State plans approved under 
section 403) — 
" (1) for the ac(iuisition of school library resources, textbooks, 
and other printed and published instructional materials for the 
use of children and teachers in public and private elementary and 
secondary schools; 
"(2) for the acquisition of instructional equipment (including 
laboratory and other special equipment, including audio-visual 
materials and equipment suitable for use in providing education in 
academic subjects) for use by children and teachers in elementary 
and secondary schools, and for minor remodeling of laboratory or 
other space used by such schools for such equipment; and 
"(3) for (A) a program of testing students in the elementary 
and secondary schools, (B) programs of counseling and guidance 
services for students iat the appropriate levels in elementary and 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
543 
secondary schools designed (i) to advise students of courses of 
study best suited to their ability, aptitude, and skills, (ii) to advise 
students with respect to their decisions as to the type of educational 
program they should pursue, the vocation they should train for 
and enter, and the job opportunities in the various fields, and 
(iii) to encourage students to complete their secondary school 
education, take the necessary courses for admission to postsec-
ondary institutions suitable for their occupational or academic 
needs, and enter such institutions, and such programs may include 
short-term sessions for persons engaged in guidance and counsel-
ing in elementary and secondary schools, and (C) programs, 
projects, and leadership activities designed to expand and 
strengthen counseling and guidance services in elementary and 
secondary schools. 
"(b) It is the purpose of this part to combine within a single 
authorization, subject to the modifications imposed by the provisions 
and requirements of this title, the programs authorized by title II and 
so much of title I I I as relates to testing, counseling, and guidance, of 
this Act, and title III (except for section 305 thereof) of the National ^
^
^
^
o use 821, 
Defense Education Act of 1958, and funds appropriated to carry out 
26 use 441. 
this part must be used only for the same purposes and for the funding 
of the same types of programs authorized under those provisions. 
"PART C—EDUCATIONAL INNOVATION AND SUPPORT 
a 
PROGRAMS AUTHORIZED 
"SEC. 431. (a) The Commissioner shall carry out a program for g^^''^"*^ *° 
making grants to the States (pursuant to State plans approved under 
20 use isai. 
section 403)— 
Ante. p. 538. 
"(1) for supplementary educational centers and services to 
stimulate and assist in the provision of vitally needed educational 
services (including preschool education, special education, com-
pensatory education, vocational education, education of gifted and 
talented children, and dual enrollment programs) not available 
in sufficient quantity or quality, and to stimulate and assist in tlie 
development and establishment of exemplary elementary and sec-
ondary school programs (including the remodeling, lease, or con-
struction of necessary facilities) to serve as models for regular 
school programs; 
"(2) for the support of demonstration projects by local educa-
tional agencies or private educational organizations designed to 
improve nutrition and health services in public and private ele-
mentary and secondary schools serving areas with high concentra-
tions of children from low-income families and such projects may 
include payment of the cost of (A) coordinating nutrition and 
health service resources in the areas to be served by a project, 
(B) providing supplemental health, mental health, nutritional, 
and food services to children from low-income families when the 
resources for such services available to the applicant from other 
sources are inadequate to meet the needs of such children, (C) 
nutrition and health programs designed to train professional and 
other school personnel to provide nutrition and health services 
in a manner which meets the needs of children from low-income 
families for such services, and (D) the evaluation of projects 
assisted with respect to their effectiveness in improving school 
nutrition and health services for such children; 
544 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
"(3) for strengtliening the leadership resources of State and 
local educational a*i;encies, and for assisting those agencies in 
the establishment and improvement of programs to identify and 
meet educational needs of States and of local school disti-icts; and 
"(4) for making arrangements with local educational agencies 
for the carrying out by such agencies in schools which (A) are 
located in urban or rural areas, (B) have a high per-centage of 
children from low-income families, and (C) liave a high per-
centage of such children who do not complete their secondary 
school education, of demonstration projects involving the use of 
innovative methods, systems, materials, or progi-ams which show 
promise of reducing the number of such childivn who do not 
complete their secondary school education. 
" (b) It is the purpose of this part to combine Avithin a single author-
ization, subject to the modifications imposed by the pi'ovisions and 
requirements of this title, the programs autliorized by titU' III (except 
for programs of testing, counseling, and guidance) and title V, and 
20 use 841, 
sections 807 and 808 of this Act, and funds ap])ropriated to can-y out 
this part must be used only for the same purposes and for the funding 
of the same types of programs authorized under those provisions. 
861, 887, 887a, 
educational re 
sources." 
*'USE OF CULTURAL AND EDUCATIONAL RESOURCES 
2 0 use 1832. 
"SEC. 432. Programs or projects supported pursuant to this part 
(other than those described in section 431(a) (3)) shall involve in the 
planning and carrying out thereof the participation of persons 
broadly representative of the cultural and educational resources of the 
"euiturai and 
arcE to bc servcd. The term 'cultural and educational resources' 
includes State educational agencies, local educational agencies, private 
nonprofit elementary and secondary schools, institutions of higher 
education, public and nonprofit private agencies such as libraries, 
museums, musical and artistic organizations, educational radio and 
television, and other cultural and educational resources." 
CONSOLIDATION OF CERTAIN FEDERALLY OPERATED EDUCATION PROGR.\MS 
SEC. 402. (a) (1) The Act of July 26,1954 (Public Law 531, Eighty-
third Congress) is amended by striking out all after the enacting clause 
and inserting in lieu thereof the following: "That this Act may be 
cited as the 'Special Projects Act". 
"PURPOSE 
, • 
"SEC. 2. It is the purpose of this Act to authorize the Commissioner 
of Education (hereinafter referred to as the 'Commissioner') to carry 
out special projects— 
"(1) to experiment with new educational and administrative 
methods, techniques, and practices; 
"(2) to meet special or unique educational needs or problems; 
and 
"(3) to place special emphasis on national education priorities. 
"CONTRACTING AUTHORITY 
"SEC. 3. (a) The Commissioner is authorized, during the period 
beginning July 1, 1975, and ending June 30, 1978, to make contracts 
with public and private agencies, organizations, associations, institu-
tions, and with individuals in order to carry out the purposes of this 
Act as set forth in section 2. 
2 0 use 
note. 
Special 
ects Act. 
20 use 
note. 
20 use 
331 
Proj-
1851 
1851 
20 u s e 1852. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
545 
"(b) In exercising his authority under this section, the Commis-
sioner shall comply with such priorities and preferences as may be 
expressly provided by law, with respect to this section. 
a APPROPRIATIONS 
20 use 1853. 
mittees. 
"SEC. 4. (a) (1) In order to enable the Commissioner to make con-
tracts under section 3, there is authorized, subject to subsection (b), 
to be appropriated to the OiRce of Education $200,000,000 for the fiscal 
year ending June 30,1976, and each of the two succeeding fiscal years. 
"(2) Sums appropriated pursuant to paragraph (1) shall, not-
withstanding any other provisions of law, unless enacted in express 
limitation of this paragraph, remain available until expended. 
"(b) (1) Not later than February 1 of each year, the Commissioner 
if^g^^^'^rl^'i^it 
shall submit to the Committee on Education and Labor of the House submittal to con-
of Representatives and the Committee on Labor and Public Welfare ^'".^^f^^j""''^""''"' 
of the Senate a plan in accordance with which the Commissioner has 
determined to expend funds to be appropriated for the succeeding 
fiscal year. Such plan shall be accompanied by a report describiiig each 
contract made during the calendar year preceding that fiscal year 
under the authority of this Act involving an expenditure in excess 
of $100,000. 
"(2) (A) The funds appropriated pursuant to subsection (a) for any 
fiscal year shall be expended in accordance with the plan submitted for 
that year pursuant to paragraph (1), unless prior to sixty days after 
the submission of such plan, either the Committee on Education and 
Labor of the House of Representatives or the Committee on Labor and 
Public Welfare of the Senate adopts a resolution disapproving such 
plan. 
"(B) If either or both such committees adopts a resolution of dis-
approval as provided in subparagraph (A), the Commissioner shall, 
not later than fifteen days after the adoption of any such resolution, 
submit a new plan in accordance with paragraph (1) and subpara-
graph (A).". 
(2) The title of such Act of July 24, 1954, is amended to read as 
follows: "An Act to authorize special projects, surveys, and studies 
by the Office of Education.". 
(b) (1) In carrying out his functions under section 3 of the Special 
Projects Act, the Commissioner shall reserve not less than 50 per 
centum of the sums appropriated pursuant to section 4 of such Act 
for the purposes given preference under paragraph (3) of this sub-
section and apportioned in accordance with paragraph (2) of this 
subsection. With respect to the funds to which this paragraph applies, 
the Commissioner's authority under such section 3 shall include author-
ity to make grants as well as contracts. 
(2) Except as is otherwise provided with respect to section 409, the of^undr'""""""* 
Commissioner shall apportion an amount for each of the purposes 
Post. p. 556. 
set forth in paragraph (3) which bears the same ratio to the sums 
reserved pursuant to paragraph (1) as the amount permitted to be 
expended for each such purpose bears to the aggregate of the amounts 
permitted to be expended for all such purposes. 
(3) The sums reserved pursuant to paragraph (1) shall be expended 
for programs otherwise authorized by an applicable statute and 
described in the following subparagraphs: 
Education for the Use of the Metric System of Measurement 
(A) A program to encourage educational agencies and institutions 
to prepare students to use the metric system of measurement, as pro-
vided in section 403. 
20 use 1861. 
Reserved funds. 
546 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Gifted and Talented Children 
Post, p. 547. 
(B) A program for the education of gifted and talented children 
through grants to the States for such purpose, as provided in section 
404 (exceptsubsection (f) thereof). 
Community Schools 
(C) A program of grants to local educational agencies to assist them 
in planning, establishing, expanding, and operating community edu-
Post, p. 549. 
cation programs, as provided in section 405. 
Career Education 
(D) A program to assess, and to encourage establishment and opera-
Post, p. 551. 
tion of, career education programs, as provided in section 406. 
Consumers' Education 
Post, 
p, 553. 
Post, 
p. 554. 
20 u s e 1851 
note, 
note 
20 u s e 1862. 
(E) A program of grants and contracts designed to provide con-
sumer education to the public, as provided in section 811 of the 
Elementary and Secondary Education Act of 1965. 
Women's Equity in Education 
(F) A program of grants and contracts designed to provide educa-
tional equity for women in the United States, as provided in section 408. 
Arts in Education Programs 
(G) A program of grants and contracts designed to assist and 
encourage the use of the arts in elementary and secondary school 
programs as provided in section 409. 
(4) No appropriation may be made for any fiscal year for the pur-
poses of section 811 of the Elementary and Secondary Education Act 
of 1965 or sections 403, 404, 405, 406, 408, and 409 of this Act during 
which funds are available for the purposes of such sections under the 
provisions of this subsection. 
(c) (1) The amendments made by subsection (a) and the provisions 
of subsection (b) shall be effective on and after July 1, 1975. 
20 use 844a 
(2) Effcctivc July 1, 1975, title I I I of the Elementary and Second-
'2o"use 841. 
ary Education Act of 1965 is amended— 
20 use 844a. 
(i) by Striking out section 305(d); 
20 use 844b. 
(ii) by striking out section 306; and 
20 use 845. 
(iii) by striking out section 307(c). 
R^p^^i- 
(3) Effective July 1, 1975, section 809 of the Elementary and Sec-
20 use 887b 
ondary Education Act of 1965, is repealed. 
and note. 
EDUCATION FOR T H E USE OF T H E METRIC SYSTEM OF MEASUREMENT 
SEC. 403. (a) (1) The Congress finds that— 
(A) the metric system of measurement is in general use in 
industrially developed nations and its use is increasing; 
(B) increased use of such metric system in the United States is 
inevitable, and such a metric system will become the dominant 
system of weights and measures in the United States; and 
(C) there is no existing Federal program designed to teach chil-
dren to use such metric system and such a program is necessary if 
the American people are to adapt to the use of the metric system 
of weights and measures. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
547 
(2) It is tlie policy of the United States to encourage educational 
agencies and institutions to prepare students to use the metr-ic system 
of measurement with ease and facility as a part of the regular- educa-
tion program. 
(3) For the purposes of this section, the term "metric system of J'^^^^^'^^^^^^^'"'?, 
measurement" means the Inter-national System of Units as established 
by the General Conference of Weights and Measures in 1960 and inter-
preted or modified for the United States by the Secretary of Commerce. 
(b) (1) The Commissioner shall carry out a program of grants and 
Grants and 
contracts in order to encourage educational agencies and institutions 
to prepare students to use the metric system of measurement. 
(2) The Commissioner is authorized to make grants to, and con-
tracts with, institutions of higher education, State and local educa-
tional agencies, and other public and private nonprofit agencies, 
organizations, and institutions to develop and carry out the policy set 
forth in subsection (a). 
(c) (1) Financial assistance under this section may be made avail- 
Financial as-
able only upon application to the Commissioner. Any such application cation. 
shall be submitted at such time, in such form, and containing such 
information as the Commissioner shall prescribe by regulation and 
shall be approved only if it— 
(A) provides that the activities and services for which assist-
ance is sought will be administered by, or under the supervision of, 
the applicant; 
(B) describes a program which holds promise of making a 
substantial contribution toward attaining the purposes of this 
section; 
(C) sets forth such policies and procedures as will insure ade-
quate evaluation of the activities intended to be carried out under 
the application; and 
(D) contains such other provisions as the Commissioner deter-
mines necessary in order to accomplish the purposes of this title. 
(2) An application from a local educational agency under this sec- Approval. 
tion may be approved only if the State educational agency of the State 
in which such local agency is located has been notified of the applica-
tion and has been given a reasonable opportunity to offer recommenda-
tions with respect to the approval thereof. 
(d) For the purpose of carrying out this section, the Commissioner 
is authorized to expend $10,000,000 for each of the fiscal years ending 
prior to July 1,1978. 
Appropriation. 
GIFTED AND TALENTED CHILDI?EN 
SEC. 404. (a) The Commissioner shall designate an administrative 
unit within the Office of Education to administer the programs and 
projects authorized by this section and to coordinate all programs for 
gifted and talented children and youth administered by the Office. 
(b) The Commissioner shall establish or designate a clearinghouse 
to obtain and disseminate to the public information pertaining to the 
education of gifted and talented children and youth. The Commis-
sioner is authorized to contract with public or private agencies or 
organizations to establish and operate the clearinghouse. 
(c) (1) The Commissioner shall make grants to State educational 
agencies and local educational agencies, in accordance with the pro-
visions of this subsection, in order to assist them in the planning, 
development, operation, and improvement of programs and projects 
designed to meet the special educational needs of gifted and talented 
children at the preschool and elementary and secondary school levels. 
20 use 1863. 
Information 
clearinghouse • 
548 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Applications. 
^2) (A) Any State educational agency or local educational agency 
desiring to receive a grant under this subsection shall submit an 
application to the Commissioner at such time, in such manner, and 
containing such information as the Commissioner determines to be 
necessary to carry out his functions under this section. Such applica-
tion shall— 
(i) provide satisfactory assurance that funds paid to the 
applicant will be expended solely to plan, establish, and operate 
programs and projects which— 
(I) are designed to identify and to meet the special educa-
tional and related needs of gifted and talented children, and 
(II) are of sufficient size, scope, and quality as to hold rea-
sonable promise of making substantial progress toward meet-
ing those needs; 
(ii) set forth such policies and procedures as are necessary for 
acquiring and disseminating information derived from educa-
tional research, demonstration and pilot projects, new educational 
practices and techniques, and the evaluation of the effectiveness 
of the program or project in achieving its purpose; and 
(iii) provide satisfactory assurance that, to the extent con-
sistent with the number of gifted and talented children in the area 
to be served by the applicant who are enrolled in nonpublic ele-
mentary and secondary schools, provision will be made for the 
participation of such children. 
(B) The Commissioner shall not approve an application under this 
subsection from a local educational agency unless such application has 
been submitted to the State educational agency of the State in which the 
applicant is located and such State agency has had an opportunity to 
make recommendations with respect to approval thereof. 
(3) Funds available under an application under this subsection may 
be used for the acquisition of instructional equipment to the extent 
such equipment is necessary to enhance the quality or the effectiveness 
of the program or project for which application is made. 
(4) A State educational agency receiving assistance may carry out 
its functions under an approved application under this subsection 
directly or through local educational agencies. 
Personnel 
^^^ ^}-^g Commissiouer is authorized to make grants to State edu-
cational agencies to assist them in establishing and maintaining, 
directly or through grants to institutions of higher education, a pro-
gram for training personnel engaged or preparing to engage in educat-
ing gifted and talented children or as supervisors of such personnel, 
(e) The Commissioner is authorized to make grants to institutions 
of higher education and other appropriate nonprofit institutions or 
agencies to provide training to leadership personnel for the education 
of gifted and talented children and youth. Such leadership personnel 
may include, but are not limited to, teacher trainers, school adminis-
trators, supervisors, researchers, and State consultants. Grants under 
this subsection may be used for internships, with local. State, or 
Federal agencies or other public or private agencies or institutions. 
Research pro- 
^
f
^ Notwithstanding the second sentence of section 405(b)(1) of 
20 use 122le. 
the General Education Provisions Act, the National Institute of 
Education shall, in accordance with the terms and conditions of section 
405 of such Act, carry out a program of research and related activities 
relating to the education of gifted and talented children. The Commis-
sioner IS authorized to transfer to the National Institute of Education 
such sums as may be necessary for the program required by this subsec-
tion. As used in the preceding sentence the term "research and related 
Transfer of 
funds. 
Definition. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
549 
activities" means research, research training, surveys, or demonstra-
tions in the field of education of gifted and talented children and 
youth, or the dissemination of information derived therefrom, or all 
of such activities, including (but without limitation) experimental 
and model schools. 
(g) In addition to the other authority of the Commissioner under 
^odei projects, 
this section, the Commissioner is authorized to make contracts with 
public and private agencies and organizations for the establishment 
and operation of model projects for the identification and education 
of gifted and talented children, including such activities as career edu-
cation, bilingual education, and programs of education for handi-
capped children and for educationally disadvantaged children. The 
total of the amounts expended for projects authorized under this sub-
section shall not exceed 15 per centum of the total of the amounts 
expended under this section for any fiscal year. 
(h) For the purpose of carrying out the provisions of this section, 
Appropriation. 
the Commissioner is authorized to expend not to exceed $12,250,000 for 
each fiscal year ending prior to July 1, 1978. 
COMMUNITY 
SCHOOLS 
SEC. 405. (a) This section may be cited as the "Community Schools ^ community 
. 
,, 
^ ' 
"
^ 
'' 
Schools Act. 
A c t . 
^ ^ 
20 u s e 1864. 
(b) In recognition of the fact that the school, as the prime educa-
tional institution of the community, is most effective when the school 
involves the people of that community in a program designed to ful-
fill their education needs, and that community education promotes a 
more efficient use of public education facilities through an extension 
of school buildings and equipment, it is the purpose of this section to 
provide educational, recreational, cultural, and other related com-
munity services, in accordance with the needs, interests, and concerns 
of the community, through the establishment of the community educa-
tion program as a center for such activities in cooperation with other 
community groups. 
(c) For purposes of this section and subparagraph (C) of section 
"community 
Ar\c\ /L\ 
/nx 
u 
-x 
1 
i- 
^ .1 -^ 
'^ 
^ 
' 
• 
1 • 1 
education pro-
4:0A{D) (o), a community education program is a program in which gram." 
a public building, including but not limited to a public elementary 
^"'e* P- ^44. 
or secondary school or a community or junior college, is used as a com-
munity center operated in conjunction with other groups in the com-
munity, community organizations, and local governmental agencies, 
to provide educational, recreational, cultural, and other related com-
munity services for the community that center serves in accordance 
with the needs, interests, and concerns of that community. Nothing in 
this section shall be construed to prohibit any applicant under this 
section from carrying out any activity with funds derived from other 
sources. 
(d) (1) In order to carry out the purposes and provisions of this 
c^'nts. 
section, the Commissioner is authorized to make grants to State edu-
cational agencies and to local educational agencies to pay the Federal 
share of the cost of planning, establishing, expanding, and operating 
community education programs. 
(2) Fifty percent of the funds made available pursuant to clause 
(1) of subsection (i) shall be available for grants to State educational 
agencies. The remainder of such funds shall be available for grants 
to local educational agencies. 
(3) For the purpose of paragraph (1) of this subsection, the Federal 
Federal share. 
share shall be— 
(A) 80 per centum of a program to establish a new community 
education program. 
550 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Application. 
Training grants. 
Information 
clearinghouse. 
Technical as-
sistance. 
Community Edu-
cation Advisory 
Council. 
Establishment; 
membership. 
Post, p. 575. 
(B) 65 per centum of a program to expand or improve a 
community education program for the first year in which such 
program is assisted under this section, and 55 per centum in any 
fiscal year thereafter, and 
(C) 40 per centum of a program to maintain or carry out a 
community education program. 
(4) Any State or local educational agency desiring to receive a 
grant under this section for any fiscal year shall submit an application 
to the Commissioner at such time, in such manner, and in such form as 
the Commissioner shall prescribe by regulation. Each such application 
shall contain provisions— 
(A) assuring that local community colleges, social, recreational, 
and health groups will be consulted with respect to programs to 
be offered and facilities to be used for the purpose of this section; 
(B) assuring that the applicant will pay from non-Federal 
sources the remaining costs of carrying out the application; and 
(C) containing a description of each community education pro-
gram for which assistance is sought in sufficient detail to apply 
the appropriate Federal share specified in clause (3) of this sub-
section. 
The Commissioner shall not approve an application submitted by a 
local educational agency unless the State educational agency of the 
State in which that local educational agency is located has been given 
an opportunitv to review, and make comment on, such application. 
(e) The Commissioner is authorized to make grants to institutions 
of higher education to develop and establish, or to expand, programs 
which will train persons to plan and operate community education 
programs. 
(f) (1) The Commissioner shall establish or designate a clearing-
house to gather and disseminate information received from community 
education programs, including but not limited to information regard-
ing new programs, methods to encourage community participation, and 
ways of coordinating community education programs with other com-
munity services. The Commissioner is authorized to contract with puK 
lie or private agencies or organizations to establish and operate the 
clearinghouse. 
(2) The Commissioner shall make available to each community 
education program such technical assistance and information as the 
program may require, and such technical assistance shall be coordi-
nated with the national clearinghouse. 
(g) (1) There is established, subject to part D of the General 
Education Provisions Act, in the Office of the Commissioner, a Com-
munity Education Advisory Council (referred to in this section as the 
"Advisory Council") to be composed of eleven members. The members 
of the Advisory Council shall be appointed bv the Secretary. 
(2) A substantial number of the members of the Advisory Council 
shall be persons experienced in the operation of community education 
programs and the training of such persons. The Council shall include 
representatives from various disciplines involved in providing serv-
ices in community school programs. 
(f) (1) The Commissioner shall establish or designate a clearing-
within three months after enactment of this section. 
(4) The Commissioner shall make available to the Advisory Council 
such staff, information, and other assistance as it may require to carry 
out its activities. 
(5) The Advisory Council shall advise the Commissioner on policy 
matters relating to the interests of community schools. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
551 
(6) In the fiscal year ending June 30, 1975, the Advisory Council nLfan/^eguia-
shall be responsible for advising the Commissioner regarding the tions. 
establishment of policy guidelines and regulations for the operation 
and administration of this section. In addition, the Council shall create 
a system for evaluation of the programs. The Council shall present to 
Evaluation, sub-
Congress a complete and thorough evaluation of the programs and '"^ ^ ° °"g«ss. 
operation of this section for each fiscal year ending after June 30,1975. 
(h) In approving applications under this section the Commissioner 
shall insure that there is an equitable geographical distribution of com-
munity education programs throughout the United States in both 
urban and rural areas. 
(i) The Commissioner is authorized to expend (1) for the purpose of 
Appropriation. 
subsection (d), $15,000,000 for each fiscal year ending prior to July 1, 
1978; and (2) for the purposes of subsection (e), $2,000,000 for each 
fiscal year ending prior to July 1,1978. 
CAREER EDUCATION 
SEC. 406. (a) It is the sense of Congress that— 
20 use ises. 
(1) every child should, by the time he has completed secondary 
school, be prepared for gainful or maximum employment and for 
full participation in our society according to his or her ability: 
(2) it is the obligation of each local educational agency to pro-
vide that preparation for all children (including handicapped 
children and all other children who are educationally disadvan-
taged) within the school district of such agency; and 
(3) each State and local educational agency should carry out a 
program of career education which provides every child the widest 
variety of career education options which are designed to prepare 
each child for maximum employment and participation in our 
society according to his or her ability. 
(b) It is the purpose of this section to assist in achieving the policies 
set forth in subsection (a) by— 
(1) developing information on the needs for career education 
for all children; 
(2) promoting a national dialogue on career education designed 
to encourage each State and local educational agency to determine 
and adopt the approach to career education best suited to the needs 
of the children served by them; 
(3) assessing the status of career education programs and prac-
tices, including a reassessment of the stereotj^ping of career oppor-
tunities by race or by sex; 
(4) providing for the demonstration of the best of the current 
career education programs and practices by the development and 
testing of exemplary programs and practices using various the-
ories, concepts, and approaches with respect to career education; 
(5) providing for the training and retraining of persons for 
conducting career education programs; and 
(6) developing State and local plans for implementing career 
education programs designed to insure that every child has the 
opportunity to gain the knowledge and skills necessary for gainful 
or maximum employment and for full participation in our society 
according to his or her ability. 
(c) (1) In order to carry out the policies, purposes, and provisions Ed^JcLtfon^ ^^""^ 
of this section, there is established in the Office of Education an 
Establishment. 
Office of Career Education (hereafter in this section referred to as 
the "Office"). The Office shall be headed by a Director. 
(2) The Director of the Office shall report directly to the Commis-
sioner. 
552 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
"Career educa-
tion." 
Survey and as-
sessment. 
Report to Con-
gress. 
Post, 
p. 569. 
Career educa-
tion models, 
grants. 
Local State 
educational pro-
gram plans, 
grants. 
National Ad-
visory Council for 
Career Education. 
Establishment. 
Post, p. 575. 
(d) For the purposes of this section, the term "career education" 
means an education process desired— 
(1) to increase the relationship between schools and society as 
a whole; 
(2) to provide opportunities for counseling, guidance and 
career development for all children; 
(3) to relate the subject matter of the curricula of schools to the 
needs of persons to function in society; 
(4) to extend the concept of the education process beyond the 
school into the area of employment and the community; 
(5) to foster flexibility in attitudes, skills, and knowledge in 
order to enable persons to cope with accelerating change and 
obsolescence; 
(6) to make education more relevant to employment and func-
tioning in society; and 
(7) to eliminate any distinction between education for voca-
tional purposes and general or academic education. 
(e) The Commissioner shall conduct a survey and assessment of the 
current status of career education programs, projects, curriculums, 
and materials in the United States and submit to the Congress, not 
later than November 1, 1975, a report on such survey and assessment. 
Such report shall include recommendations of the Advisory Council 
created under subsection (g) for new legislation designed to accom-
plish the policies and purposes set forth in subsections (a) and (b). 
In exercising his authority under clauses (ii) (III) and (ii)(V) of 
section 434(b) (1) (A) of the General Education Provisions Act, for 
any fiscal year, the Commissioner shall require State educational 
agencies and local educational agencies to report on theii- efforts to pre-
pare students for gainful or maximum employment. 
(f)(1) During the period beginning with the enactment of this 
section and ending June 30, 1978, the Commissioner is authorized to 
make grants to State and local educational agencies, institutions of 
higher education, and other nonprofit agencies and organizations to 
support projects to demonstrate the most effective methods and tech-
niques in career education and to develop exemplary career education 
models (including models in which handicapped children receive 
appropriate career education either by participation in regular or 
modified programs with nonhandicapped children or where necessary 
in specially designed programs for handicapped children whose handi-
caps are of such seventy that they cannot benefit from regular or modi-
fied programs). Grants made under this subsection shall be consistent 
with the policies set forth in subsection (a) of this subsection. 
(2) During the period beginning one year after the enactment of 
this section and ending June 30,1977, the Commissioner is authorized 
to make grants to State educational agencies to enable them to develop 
State plans for the development and implementation of career educa-
tion programs in the local educational agencies of the States. Such 
plans shall be designed to carry out the policies and purposes set forth 
in subsections (a) and (b). 
(g) (1) Subject to part D of the General Education Provisions Act 
and within ninety days after the enactment of this section, there is 
established a National Advisory Council for Career Education which 
shall be composed of— 
(A) tne Assistant Secretary of Health, Education, and Welfare 
for Education, the Commissioner of Education, the Director of 
the Office of Career Education, the Director of the National In-
stitute of Education, the Administrator of the National Center for 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
553 
Education Statistics, the Director of the National Science Foun-
dation, the Chairman of the National Foundation for the Arts, the 
Chairman of the National Foundation for the Humanities, the 
Chairman of the National Advisory Council for Vocational Edu-
cation, all of whom shall serve in a nonvoting ex officio capacity; 
and 
(B) not less than twelve public members broadly representa-
tive of the fields of education, the arts, the humanities, the sciences, 
community services, business and industry, and the general pub-
lic, a majority of whom shall be engaged in education or educa-
tion-related professions. 
(2) The public members shall be appointed by the Secretary. The 
Secretary shall select the Chairman from among the public members. 
The members shall serve for terms of three years with not more than 
four seats rotating in any one year. The Commissioner shall provide 
such staff and funds for the Council as deemed necessary and such staff 
and funds shall be in addition to those provided elsewhere in this title. 
(3) The duties of the Council shall be to advise the Commissioner 
on the implementation of this section and carrj out such advisory 
functions as it deems appropriate, including reviewing the operation 
of this section and all other programs of the Division of Education 
pertaining to the development and implementation of career educa-
tion, evaluating their effectiveness in meeting the needs of career edu-
cation throughout the United States, and in determining the need for 
further legislative remedy in order that all citizens may benefit from 
the purposes of career education as prescribed in this section. 
(4) The Council with the assistance of the Commissioner shall con-
duct a survey and assessment of the current status of career education 
programs, projects, curricula, and materials in the United States and 
submit to Congress, not later than November 1,1975, a report on such 
survey and assessment. Such report shall include recommendations of 
the Council for new legislation designed to accomplish the policies 
and purposes set forth in subsections (a) and (b). 
(h) For the purpose of carrying out the provisions of this section, 
the Commissioner is authorized to expend not to exceed $15,000,000 
for each fiscal year ending prior to July 1,1978. 
Chairman; term. 
Duties. 
Survey and 
sessment. 
Report to Con-
gress. 
Appropriation. 
CONSUMERS 
EDUCATION 
SEC. 407. (a) (1) Section 811(a) of the Elementary and Secondary 
Education Act of 1965 is amended to read as follows: 
"SEC. 811. (a) (1) There shall be within, the Office of Education an 
Office of Consumers' Education (hereafter in this section referred to as 
the 'Office') which shall be headed by a Director of Consumers' Edu-
cation (hereafter in this section referred to as the 'Director') who, sub-
ject to the management of the Commissioner, shall have responsibility 
for carrying out the provisions of this section. 
" (2) The Director shall be appointed by the Commissioner in accord-
ance with the provisions of title 5 of the United States Code relating 
to appointments to the competitive service.". 
(2) Such section 811(b) of such Act is amended^ in clause (ii) in the 
second sentence of paragraph (1)(C), by striking out "paragraph 
(2)" and inserting in lieu thereof "subparagraph (B)". 
(3) Section 811(d) of such Act is amended to read as follows: 
"(d) For the purpose of carrying out this section, the Commissioner 
is authorized to expend not to exceed $15,000,000 for each fiscal year 
ending prior to July 1,1978.". 
(b) The amendments made by paragraph (3) of subsection (a) 
shall be effective on and after July 1,1973. 
20 u s e 887d. 
Office of Con-
sumers' Educa-
tion. 
Establishment. 
5 u s e 101 et 
seq. 
Effective date. 
20 u s e 887d 
note. 
554 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Women's Educa-
tional Equity Act 
of 1974. 
20 u s e 1866. 
"Council. 
Grants and 
contracts. 
Applications. 
Nondiscrimina-
tion. 
Additional 
grants. 
WOMEN'S EDUCATIONAL EQUITY 
SEC. 408. (a) This section may be cited as the "Women's Educational 
Equity Act of 1974." 
(b) (1) The Congress hereby finds and declares that educational 
programs in the United States (including its possessions), as presently 
conducted, are frequently inequitable as such programs relate to women 
and frequently limit the full participation of all individuals in Ameri-
can society. 
(2) It is the purpose of this section to provide educational equity 
for women in the United States. 
(c) As used in this section, the term "Council" means the Advisory 
Council on Women's Educational Programs. 
(d) (1) The Commissioner is authorized to make grants to, and enter 
into contracts with, public agencies and private nonprofit organiza-
tions and with individuals for activities designed to carry out the pur-
poses of this section at all levels of education, including preschool, 
elementary and secondary education, higher education, and adult 
education. These activities shall include— 
(A) the development, evaluation, and dissemination by the 
applicant of curricula, textbooks, and other educational materials 
related to educational equity; 
(B) preservice and inservice training for educational person-
nel including guidance and counseling with special emphasis on. 
programs and activities designed to provide educational equity; 
(C) research, development, and educational actiAdties designed 
to advance educational equity; 
(D) guidance and counseling activities, including the develop-
ment of nondiscriminatory tests, designed to assure educational 
equity; 
(E) educational activities to inci'ease opportunities for adult 
women, including continuing educational activities and programs 
for underemployed and unemployed women; 
(F) the expansion and improvement of educational programs 
and activities for women in vocational education, career educa-
tion, physical education and educational administration. 
(2) A grant may be made and a contract may be entered into under 
this section only upon application to the Commissioner, at such time, 
in such form, and containing or accompanied by such information 
as the Commissioner may prescribe. Each such application shall— 
(A) provide that the program or activity for which assistance 
is sought will be administered by or under the supervision of the 
applicant; 
(B) describe a program for carrying out one of the purposes 
set forth in subsection (a) which holds pi-omise of making a 
substantial contribution toward attaining such purposes; and 
(C) set forth policies and procedures which insur-e adequate 
evaluation of the activities intended to be carried out under the 
application. 
(3) The Commissioner shall approve applicants and amendments 
thereto which meet the requirements of paragraph (2). 
(4) Nothing in this section shall be construed as prohibiting men 
from participating in any programs or activities assisted under this 
section. 
(e) In addition to the authority of the Commissioner under sub-
section (d), the Commissioner shall carry out a program of small 
grants, not to exceed $15,000, each, in order to support innovative 
approaches to achieving the purpose of this section; and for that 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
555 
purpose the Commissioner is authorized to make grants to public and 
private nonprofit agencies and to individuals. 
(f) (1) There is established in the Office of Education an Advisory ^.f^^'^"'^^^"""' 
Council on Women's Educational Programs. The Council shall be Educ"tio°^lVro-
COmpOSed o f 
grams. 
(A) seventeen individuals, some of whom shall be students, me^^be^ihip"''"*' 
who shall be appointed by the President, by and with the advice 
and consent of the Senate, from among individuals broadly 
representative of the general public who, by virtue of their knowl-
edge or experience, are versed in the role and status of women in 
American society; 
(B) the Chairman of the Civil Rights Commission; 
(C) the Director of the Women's Bureau of the Department 
of Labor; and 
(D) the Director of the Women's Action Program of the 
Department of Health, Education, and Welfare. 
The Council shall elect its own Chairman. 
(2) The term of office of each member of the Council appointed 
Term. 
under clause (A) of paragraph (1) shall be three years, except that— 
(A) the members first appointed under such clause shall serve 
as designated by the President, six for a term of one year, five for 
a term of two years, and six for a term of three years; and 
(B) any member appointed to fill a vacancy occurring prior 
to the expiration of the term for which his predecessor was 
appointed shall be appointed for the remainder of such term. 
(3) The Council shall— 
Duties. 
(A) advise the Commissioner with respect to general policy 
matters relating to the administration of this section; 
(B) advise and make recommendations to the Assistant Secre-
tary concerning the improvement of educational equity for 
women; 
(C) make recommendations to the Commissioner with respect 
to the allocation of any funds pursuant to this section, including 
criteria developed to insure an appropriate geographical distribu-
tion of approved programs and projects throughout the Nation; 
and 
(D) develop criteria for the establishment of program 
priorities. 
(4) From the sums available for the purposes of this section, the ^,^^'^J^^^"^'"/"^ 
Commissioner is authorized and directed to conduct a national, com-
prehensive review of sex discrimination in education, to be submitted 
to the Council not later than a year after the date of enactment of this 
section. The Council shall review the report of the Commissioner and 
shall make such recommendations, including recommendations for 
additional legislation, as it deems advisable. 
(5) The provisions of part D of the General Education Provisions 
Act shall apply with respect to the Council established under this 
subsection. 
(f) The Commissioner is directed, at the end of each fiscal year, to den^^c'^n°re^s's^^' 
submit to the President and the Congress and to the Council a report and council. 
setting forth the programs and activities assisted under this section, 
and to provide for the distribution of this report to all interested 
groups and individuals, including the Congress, from funds author-
ized under this section. After receiving the report from the Commis- ^.P'^og'^^™ evaiua 
sioner, the Council shall evaluate the programs and projects assisted 
under this section and include such evaluation in its annual report. 
(h) For the purpose of carrying out this section, the Commissioner 
Appropriation. 
is authorized to expend not to exceed $30,000,000 for each fiscal year 
prior to July 1, 1978. 
tion in education, 
review. 
Post, p. 575. 
556 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
20 use 1867. 
ELEMENTARY AND SECONDARY SCHOOL EDUCATION IN THE ARTS 
SEC. 409. The Commissioner shall, during the period beginning after 
June 30, 1974 and ending on June 30, 1978, through arrangements 
made with the John F. Kennedy Center for the Performing Arts, 
carry out a program of grants and contracts to encourage and assist 
State and local educational agencies to establish and conduct programs 
in which the arts are an integral part of elementary and secondary 
school programs. Not less than $750,000 shall be available for the pur-
poses of this section during any jfiscal year during the period for which 
provision is made in the preceding sentence. 
20 use 1801 
note. 
EFFECTIVE DATE 
SEC. 410. Except where otherwise specified in this title, the amend-
ments made by, and the provisions of, this title shall be effective on 
and after the date of enactment of this Act. 
TITLE V—EDUCATION ADMINISTRATION 
NATIONAL CENTER FOR EDUCATION STATISTICS 
SEC. 501. (a) Part A of the General Education Provisions Act is 
amended by adding at the end thereof the following new section: 
Establishment. 
20 use 1221e-l. 
5 use 101 et 
seq. 
Functions. 
Advisory eouncil 
on Education Sta-
tistics. 
Establishment; 
membership. 
NATIONAL CENTER FOR EDUCATION STATISTICS 
"SEC. 406. (a) There is established, within the Office of the Assistant 
Secretary, a National Center for Education Statistics (hereafter in 
this section referred to as the 'Center'). The Center shall be headed by 
an Administrator who shall be appointed by the Assistant Secretary in 
accordance with the provisions of title 5, United States Code, relating 
to appointments in the competitive service. 
"(b) The purpose of the Center shall be to collect and disseminate 
statistics and other data related to education in the United States and 
in other nations. The Center shall— 
"(1) collect, collate, and, from time to time, report full and 
complete statistics on the conditions of education in the United 
States; 
" (2) conduct and publish reports on specialized analyses of the 
meaning and significance of such statistics; 
"(3) assist State and local educational agencies in improving 
and automating their statistical and data collection activities; and 
"(4) review and report on educational activities in foreign 
countries. 
"(c) (1) There shall be an Advisory Council on Education Statistics 
which shall be composed of 7 members appointed by the Secretary 
and such ex officio members as are listed in subparagraph (2). Not 
more than 4 of the appointed members of the Council may be members 
of the same political party. 
" (2) The ex officio members of the Council shall be— 
" (A) the Commissioner of Education, 
"(B) the Director of the National Institute of Education, 
"(C) the Director of the Census, and 
" (D) the Commissioner of Labor Statistics. 
"(3) Appointed members of the Council shall serve for terms of 3 
years, as determined by the Secretary, except that in the case of ini-
tially appointed members of the Council, they shall serve for shorter 
terms to the extent necessary that the terms of office of not more tlian 
3 members expire in the same calendar year. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
557 
" (4) The Assistant Secretary shall serve as the non-voting presiding 
officer of the Council. 
"(5) (A) The Council shall meet at the call of the presiding officer, 
except that it shall meet— 
" (i) at least four times during each calendar year; and 
"(ii) in addition, whenever three voting members request in 
writing that the presiding officer call a meeting. 
"(B) Six members of the Council shall constitute a quorum of the 
Council. 
"(6) The provisions of section 448(b) of part D of this title shall ge^stauaae!^' 
not apply to the Council established under this subsection. 
20 use i233g. 
"(7) The Council shall review general policies for the operation 
of the Center and shall be responsible for establishing standards to 
insure that statistics and analyses disseminated by the Center are of 
high quality and are not subject to political influence. 
"(d)(1) The Assistant Secretary shall, not later than March 1 of co^^^resV° 
each year, submit to the Congress an annual report which— 
"(A) contains a description of the activities of the Center dur-
ing the then current fiscal year and a projection of its activities 
during the succeeding fiscal year; 
"(B) sets forth estimates of the cost of the projected activities 
for such succeeding fiscal year; and 
"(C) includes a statistical report on the condition of education 
in the United States during the two preceding fiscal years and a 
projection, for the three succeeding fiscal years, of estimated 
statistics related to education in the United States. 
"(2) The Center shall develop and enforce standards designed to ii^^l^^ndlrdT 
protect the confidentiality of persons in the collection, reporting, and 
publication of data under this section. This subparagraph shall not be 
construed to protect the confidentiality of information about institu-
tions, organizations, and agencies receiving grants from or having 
contracts with the Federal Government. 
"(e) In order to carry out the objectives of the Center, the Assistant 
Grants. 
Secretary is authorized, either directly or by grant or contract, to 
carry out the purposes set forth in subsection (b), and for that pur-
pose the Assistant Secretary is authorized to make grants to, and con-
tracts with public and private institutions, agencies, organizations 
and individuals. 
"(f)(1)(A) The Center is authorized to furnish transcripts or tic^aTc^m nations 
copies of tables and other statistical records of the Office of Educa- and sur^J'ys! sub' 
tion, the Assistant Secretary, and the National Institute of Education mittai to congres.-
to, and to make special statistical compilations and surveys for. State ^'°"^^ committees. 
or local officials, public and private organizations, or individuals. The 
Center shall furnish such special statistical compilations and surveys 
as the Committees on Labor and Public Welfare and on Appropria-
tions of the Senate and the Committees on Education and Labor and 
on Appropriations of the House of Representatives may request. Such 
statistical compilations and surveys, other than those carried out pur-
suant to the preceding sentence, shall be made subject to the payment 
of the actual or estimated cost of such work. In the case of nonprofit 
organizations or agencies, the Assistant Secretary may engage in joint 
statistical projects, the cost of which shall be shared equitably as deter-
mined by the Assistant Secretary: Provided, 
That the purposes of 
such projects are otherwise authorized by law. 
"(B) All funds received in payment for work or services enumerated 
under subparagraph (A) shall be deposited in a separate account which 
may be used to pay directly the costs of such work or services, to repay 
558 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Educational 
data consortium 
with other Federal 
agencies. 
Funds, 
limitation. 
Effective date. 
20 u s e 1221e. 
1 note. 
84 Stat. 168; 
86 Stat. 326. 
20 u s e 1231f. 
Transfer of 
records. 
20 u s e 1221e. 
1 note. 
Ante, p. 556. 
20 u s e 1231f 
note. 
Supra, 
Survey. 
20 u s e 880b-
10 note. 
Ante, p. 509. 
appropriations which initially bore all or part of such costs, or to 
refund excess sums when necessary. 
"(2) (A) The Center shall participate with other Federal agencies 
having a need for educational data in forming a consortium for the 
purpose of providing direct joint access with such agencies to all 
educational data received by the Center through automated data 
processing. The Library of Congress, General Accounting Office, and 
the Committees on Labor and Public Welfare and Appropriations of 
the Senate and the Committees on Education and Labor and Appropri-
ations of the House of Representatives shall, for the purposes of this 
subparagraph, be considered Federal agencies. 
"(B) The Center shall, in accordance with regulations published 
for the purpose of this paragraph, provide all interested parties, in-
cluding public and private agencies and individuals, direct access to 
data collected by the Center for purposes of research and acquiring sta-
tistical information. 
"(3) The Commissioner and the National Institute of Education 
are directed to cooperate with the Center and make such records and 
data available to the Center as may be necessary to enable the Center 
to carry out its functions under this subsection. 
" (g) (1) The amount available for salaries and expenses of the Cen-
ter shall not exceed $5,000,000 for the fiscal year ending June 30, 
1975, $10,000,000 for the fiscal year ending June 30, 1976, and 
$14,000,000 for the fiscal ^ear ending June 30,1977. 
" (2) The amount available for grants and contracts by the Assistant 
Secretary under subsection (e) shall not exceed $20,000,000 for the 
fiscal year ending June 30, 1975, $25,000,000 for the fiscal year ending 
June 30,1976, and $30,000,300 for the fiscal year ending June 30,1977. 
"(3) Sums appropriated for activities and expenses of the Center 
which are not limited by paragraph (2) of this subsection shall be 
appropriated apart from appropriations which are so limited, as 
separate line items.". 
(b) (1) The amendments made by subsection (a) shall be effective 
on the tenth day after the date of enactment of this Act. 
(2) Section 427 of such Act is amended to read as follows: 
"AUTHORIZATION TO FURNISH INFORMATION 
"SEC. 427. The Commissioner is authorized to transfer transcripts 
or copies of other records of the Office of Education to State and local 
officials, public and private organizations, and individuals.". 
(3) (A) All functions and authority vested in the Commissioner of 
Education which, immediately prior to the date upon which the 
amendments made by subsection (a) become effective, are related to 
the collection, analysis, and dissemination of statistics about, and 
reports on the condition of, education in the Nation as determined 
by the Assistant Secretary are transferred, on such date to the 
National Center for Education Statistics established under section 406 
of the General Education Provisions Act. 
(B) The functions and authority of the Commissioner of Education 
under section 427 relating to statistics prior to the date upon which 
the amendments made by subsection (a) become effective, together 
with all funds deposited in any account under such section, are trans-
ferred, on such date to the National Center for Education Statistics. 
(4) The National Center for Education Statistics shall conduct 
the survey required by section 731(c)(1)(A) of title VII of the 
Elementary and Secondary Education Act of 1965. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
559 
GENERAL PROVISIONS RELATING TO OFFICERS IN THE EDUCATION 
DIVISION 
Ante, p. 556. 
SEC. 502. (a) (1) The General Education Provisions Act is amended 
by adding after section 406 the following new sections: 
" R U L E S FOR EDUCATION OFFICERS OF THE UNITED STATES 
"SEC. 407. (a) For the purposes of this section, the term 'education ^er of "he unitLd' 
officer of the United States' means any person appointed by the Presi- states." 
dent pursuant to this part, except members of commissions, councils, 
^° ^^*^ i22ie-2. 
and boards. 
"(b) Each education officer of the United States shall serve at the 
pleasure of the President. 
"(c) No education officer of the United States shall engage in infg"""/"'""^" 
any other business, vocation, or employment while serving in the posi-
tion to which he is appointed; nor may he, except with the express 
approval of the President in w^riting, hold any office in, or act in any 
capacity for, or have any financial interest in, any organization, 
agency, or institution to which an agency in the Education Division 
makes a grant or with which any such agency makes a contract or any 
other financial arrangement. 
"(d) No person shall hold, or act for, more than one position as an 
education officer of the United States for more than a 30 day period. 
" G E N E R A L A U T H O R I T Y O F ADMINISTRATIVE HEADS OF EDUCATION 
AGENCIES 
"SEC. 408. (a) Each administrative head of an education agency, in 
^° ^^^ i22ie.j. 
order to carry out functions otherwise vested in him by law, is, subject 
to limitations as may be otherwise imposed by law, authorized— 
"(1) to make, promulgate, issue, rescind, and amend rules and 
regulations governing the manner of operation of the agency 
of which he is head; 
"(2) in accordance with those provisions of title 5, United 
States Code, relating to the appointment and compensation of 
personnel and subject to such limitations as are imposed in this 
part, to appoint and compensate such personnel as may be neces-
sary to enable such agency to carry out its functions; 
"(3) to accept unconditional gifts or donations of services, 
money, or property 
(real, personal, or mixed; tangible or 
intangible) ; 
" (4) without regard for section 3648 of the Revised Statutes of 
the United States (31 U.S.C. 529), to enter into and perform such 
contracts, leases, cooperative agreements, or other transactions as 
may be necessary for the conduct of such agency; 
"(5) with funds expressly appropriated for such purpose, to 
construct such facilities as may be necessary to carry out func-
tions vested in him or in the agency of which he is head, and to 
acquire and dispose of property; and 
"(6) to use the services of other Federal agencies and reim-
burse such agencies for such services. 
"(b) Any administrative head of an education agency is, subject to f^n^/.^n^''"" °^ 
any other limitations on delegations of authority provided by law, 
authorized to delegate any of his functions under this section to an 
officer or employee of that agency. 
" (c) For the purposes of this section, the term 'administrative head head tTTn^e'du'cir 
of an education agency' means the Commissioner and the Director of tion agency." 
the National Institute of Education. To the extent that the Assistant 
5 use 101 
et seq. 
560 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Secretary is directly responsible for the administration of a program 
and to the extent that tne Assistant Secretary is responsible for the 
supervision of the National Center for Education Statistics, the Assist-
ant Secretary shall, for such purposes, be considered within the mean-
ing of such term.". 
(2) The General Education Provisions Act is amended— 
20 use 1221b. 
(^) in section 402(b), by striking out the second sentence 
20usci22ie. 
(B) iu section 405— 
(I) by striking out that part of the first sentence of sub-
section (d) (1) which follows "Senate" and inserting in lieu 
thereof a period, and 
(II) by striking out subsection (f). 
Effective date. 
^^^ 'jj^e amendments made by this section shall be effective on the 
2 note. 
^' 
tenth day after the date of enactment of this Act. 
AMENDMENT W I T H RESPECT TO T H E OFFICE 
OF EDUCATION; 
REGIONAL 
OFFICES 
20 use 1221c. 
gj,(. 503^ (^^^ Section 403 of such Act is amended to read as follows: 
a, 
T H E OFFICE OF EDUCATION 
" S E C 403. (a) There shall be an Office of Education (hereinafter 
in this section referred to as the 'Office') which shall be the primary 
agency of the Federal Government responsible for the administration 
of programs of financial assistance to educational agencies, institutions, 
and organizations. The Office shall have such responsibilities and 
authorities as may be vested in the Commissionei- by law or delegated 
to the Commissioner in accordance with law. 
"(b) The Office shall be headed by the Commissioner' of Education 
who shall be appointed by the President, by and with the advice and 
consent of the Senate, and who shall be subject to the direction and 
supervision of the Secretary. 
"(c) (1) The Office shall, consistent with such organization thereof 
which is provided by law, be divided into bureaus, and such bureaus 
shall be divided into divisions as the Commissioner determines 
appropriate. 
"(2) (A) There shall be regional offices of the Office established in 
such places as the Commissioner, after consultation Avith the Assistant 
Secretary, shall determine. Such regional offices shall carry out such 
functions as are specified in subparagraph (B). 
"(B) The regional offices shall serve as centers for the dissemination 
of information about the activities of the agencies in the Education 
Division and provide technical assistance to State and local educational 
agencies, institutions of higher education, and other educational agen-
cies, institutions, and organizations and to individuals and other 
groups having an interest in Federal education activities. 
"(C) The Commissioner shall not delegate to any employee in any 
regional office any function which was not carried out, in accordance 
with regulations effective prior to June 1, 1973, by employees in such 
offices unless the delegation of such fimction to employees in regional 
offices is expressly authorized by law enacted after the enactment of 
the Education Amendments of 1974. 
Report to con- 
" (3) The Commissiouer shall submit to the Committee on Labor and 
mut^e^es?'*^''°"' 
Publlc Welfare of the Senate and the Committee on Education and 
Labor of the House of Representatives not later than November 1 of 
each year a report on the personnel needs and assignments of the Office. 
Effective date,. 
20 use 1221c 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
561 
Such report shall include a description (A) of the manner in which the 
Office is organized and the personnel of the Office are assigned to the 
various functions of that agency and (B) of personnel needs of that 
agency in order to enable it to carry out its functions, as authorized 
by law.". 
(b) The provisions of the amendments made by subsection (a) shall 
be effective on the tenth day after the date of enactment of this Act, note. 
except that the provisions of limitation set forth in section 403(c) (2) 
(C) of the General Education Provisions Act shall have effect on the 
^"'^' P- 5^°-
date of such enactment, and shall be retroactive to June 1, 1973. 
AMENDMENTS WITH RESPECT TO THE EDUCATION DIVISION 
SEC. 504. (a) Section 401 of the General Education Provisions Act is 
20 use 1221a. 
amended to read as follows: 
" T H E EDUCATION DIVISION 
"SEC. 401, (a) There shall be, within the Department of Health, Edu-
cation, and Welfare, an Education Division, composed of the agencies 
listed in subsection (b), which shall be headed by the Assistant 
Secretary. 
"(b)(1) The Education Division shall be composed of the following 
agencies: 
"(A) The Office of Education; and 
"(B) The National Institute of Education. 
"(2) In the Office of the Assistant Secretary there shall be a 
National Center for Education Statistics.". 
(b) The amendment made by subsection (a) shall be effective on 
Effective date. 
the tenth day after the date of enactment of this Act. 
note. 
AMENDMENTS WITH RESPECT TO APPLICABILITY, AUTHORIZATION OF 
APPROPRIATIONS, AND OTHER GENERAL MATTERS 
SEC. 505. (a) (1) Section 400 of the General Education Provisions 
Act is amended to read as follows: 
2 0 use 1221. 
"SHORT TITLE; APPLICABILITY; DEFINITIONS; APPROPRIATIONS 
"SEC. 400. (a) This title may be cited as the 'General Education Pro-
visions Act'. 
"(b) Except where otherwise specified, the provisions of this title 
shall apply to any program for which an administrative head of an 
education agency has administrative responsibility as provided by law 
or by delegation of authority pursuant to law. 
"(c)(1) For the purposes of this title, the term— 
"(A) 'applicable program' means any program to which this 
title is, under the terms of subsection (b), applicable; 
"(B)'applicable statute'means— 
"(i) the Act or the title, part or section of an Act, as the 
case may be, which authorizes the appropriation for an appli-
cable program; 
"(ii) this title; and 
"(iii) any other statute which under its terms expressly 
controls the administration of an applicable program; 
"(C) 'Assistant Secretary' means the Assistant Secretary of 
Health, Education, and Welfare for Education; 
"(D) 'Commissioner' means the Commissioner of Education; 
562 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
42 u s e 2000a 
note. 
Appropriations. 
Limitations. 
20 u s e 1071. 
20 use 1132c, 
1132d. 
20 use 1078a 
note. 
20 use 1221g. 
Effective date. 
20 u s e 1221 
note. 
"(E) 'Director' means the Director of the National Institute 
of Education; and 
"(F) 'Secretary' means the Secretary of Health, Education, 
and Welfare. 
" ( 2 ) Nothing in this title shall be construed to ajffect the applica-
bility of the Civil Rights Act of 1964 to any program subject to the 
provisions of this title. 
"(3) No Act making appropriations to carry out an applicable pro-
gram shall be considered an applicable statute. 
"(d) Except as otherwise limited in this title, there are authorized 
to be appropriated for any fiscal year such sums as may be necessary 
to carry out the provisions of this title. 
"(e) (1) The aggregate of the appropriations to the agencies in the 
Education Division and to the Office of the Assistant Secretary for 
any fiscal year shall not exceed the limitations set forth for that fiscal 
year in subparagraph (2). 
"(2) (A) Except as is provided in subparagraph (B), the appro-
priations to which paragraph (1) applies— 
"(i) shall not exceed $7,500,000,000 for the fiscal year ending 
June 30, 1975, $8,000,000,000 for the fiscal year ending June 30, 
1976, and $9,000,000,000 for the fiscal year ending June 30, 1977; 
and 
"(ii) shall not exceed such amounts as may be authorized by 
the law and limited by this subparagraph. 
"(B) The limitations set forth in subparagraph (A) shall not 
apply— 
"(i) to uncontrollable expenditures under obligations created 
under part B of title IV of the Higher Education Act of 1965, 
parts C and D of title VII of such Act, and the Emergency 
Insured Student Loan Act of 1969; and 
"(ii) to any other expenditure under an obligation determined 
by the Commissioner pursuant to, or in accordance with, law to 
be an uncontrollable expenditure of the Office of Education." 
(2) Section 442(d) of the Education Amendments of 1972 is 
amended by striking out "400(c)" and inserting in lieu thereof 
"400(d)". 
(b) The amendments made by subsection (a) shall be effective on 
the tenth day after the date of enactment of this Act. 
20 use 1221. 
20 use 1222, 
1224. 
20 u s e 1223. 
20 use 1225. 
REVISION OF APPROPRIATIONS AND EVALUATIONS PROVISIONS 
SEC. 506. (a) (1) Part B of the General Education Provisions Act 
is amended— 
(A) by inserting immediately after the heading thereof the 
following: 
"Subpart I—Appropriations" 
(B) by striking out section 411 and section 413; 
(C) by redesignating section 412 as 411; 
(D) by redesignating section 414 as section 412; and 
(E) by striking out subsection (b) of such section 412, as 
redesignated by this paragraph, and adding in lieu thereof the 
following new subsections: 
" (b) Notwithstanding any other provision of law, unless enacted in 
specific limitation of the provisions of this subsection, any funds from 
appropriations to carry out any programs to which this title is appli-
cable during any fiscal year, ending prior to July 1, 1978, which are 
not obligated and expended by educational agencies or institutions 
prior to the beginning of the fiscal year succeeding the fiscal year for 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
5(33 
which such funds were appropriated shall remain available for obliga-
tion and expenditure by such agencies and institutions during such 
succeeding fiscal year. 
"(c) If any funds appropriated to carry out any applicable pro-
gram are not obligated pursuant to a spending plan submitted in 
accordance with section 3679 (d) (2) of the Revised Statutes and become 
^ i use 665. 
available for obligation after the institution of a judicial proceeding 
seeking the release of such funds, then such funds shall be available 
for obligation and expenditure until the end of the fiscal year which 
begins after the termination of such judicial proceeding.". 
(2) Part B of such Act is further amended— 
2
^
0
^ use 1
2
^
2
6
' 
(A) by redesignating section 415 as 413; and 
(B) by adding immediately after section 413, as redesignated 
by this paragraph, the following new section: 
"CONTINGENT EXTENSION OF PROGRAMS 
"SEC. 414. (a) Unless the Congress in the regular session which ends 
20 use 1226a. 
prior to the beginning of the terminal fiscal year— 
"(1) of the authorization of appropriations for an applicable 
program; or 
"(2) of the duration of an applicable program; 
either— 
"(A) has passed or has formally rejected legislation which 
would have the effect of extending the authorization or duration 
(as the case may be) of that program; or 
"(B) by action of either the House of Representatives or the 
Senate, approves a resolution stating that the provisions of this 
section shall no longer apply to such program; 
such authorization or duration is hereby automatically extended for 
one additional fiscal year. The amount appropriated for such addi-
tional year shall not exceed the amount which the Congress could, 
under the terms of the law for which the appropriation is made, have 
appropriated for such program during such terminal year. 
" (b) (1) For the purposes of clause (A) of subsection (a), the Con-
gress shall not have been deemed to have passed legislation unless such 
legislation becomes law. 
" (2) In any case where the Commissioner is required under an appli-
cable statute to carry out certain acts or make certain determinations 
which are necessary for the continuation of an applicable program, if 
such acts or determinations are required during the terminal year of 
such program, such acts and determinations shall be required during 
any fiscal year in which that part of subsection (a) which follows 
clause (B) thereof is in operation.". 
(3) Part B of such Act is further amended— 
(A) by redesignating section 417 as section 419, 
20 use 1227. 
(B) by striking out "section 400(c)" in such section 419, as 
redesignated by this paragraph, and inserting in lieu thereof 
"section 400(d)", and 
(C) by adding immediately after section 414, as added by para- 
supra. 
graph (2) of this subsection, the following: 
"Subpart 2—Planning and Evaluation of Federal Education 
Activities 
"PROGRAM PLANNING AND EVALUATION 
"SEC. 416. Sums appropriated pursuant to section 400(d) may 
^„li^^ ^sei^' 
include for any fiscal year for which appropriations are otherwise 
564 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
authorized under any applicable program not to exceed $25,000,000 
which shall be available to the Secretary, in accordance with regula-
tions prescribed by him, for expenses, including grants, contracts, or 
other payments, for (1) planning for the succeeding year for any 
such program, and (2) evaluation of such programs. 
(( 
Transmittal to 
congressional 
committees. 
20 u s e 1226c. 
Ante, p. 4f 
Ante, p. 490. 
"Educationally 
disadvantaged 
children." 
ANNUAL EVALUATION REPORTS 
"SEC. 417. (a)(1) Not later than November 1 of each year, the Secre-
tary shall transmit to the Committee on Education and Labor of the 
House of Representatives and the Committee on Labor and Public 
Welfare of the Senate an annual evaluation report Avhich evaluates 
the effectiveness of applicable programs in achieving their legislated 
purposes together with recommendations relating to such programs 
for the improvement of such programs which will result in greater 
effectiveness in achieving such purposes. In the case of any evaluation 
report evaluating specific programs and projects, such report shall— 
"(A) set forth goals and specific objectives in qualitative and 
quantitative terms for all programs and projects assisted under 
the applicable program concerned and relate those goals and 
objectives to the purposes of such program; 
^'(B) contain information on the progress being made during 
the previous fiscal year toward the achievement of such goals and 
objectives; 
(C) describe the cost and benefits of the applicable program 
being evaluated during the previous fiscal year and identify which 
sectors of the public receive the benefits of such program and bear 
the costs of such program; 
"(D) contain plans for implementing corrective action and 
recommendations for new or amended legislation where war-
ranted ; 
"(E) contain a listing identifying the principal analyses and 
studies supporting the major conclusions and recommendations in 
the report; and 
"(F) be prepared in concise summary form with necessary 
detailed data and appendices. 
"(2) In the case of programs and projects assisted under title I of 
the Elementary and Secondary Education Act of 1965, the report 
under this subsection shall include a survey of how many of the chil-
dren counted under section 103(c) of such Act participate in such 
programs and projects, and how many of such children do not, and 
a survey of how many educationally disadvantaged children partici-
pate in such programs and projects, and how many educationally dis-
advantaged children do not. For purposes of the preceding sentence, 
the term 'educationally disadvantaged children' refers to children who 
are achieving one or more years behind the achievement expected at 
the appropriate grade level for such children. 
"(b) Each evaluation report submitted pursuant to subsection (a) 
shall contain: (1) a brief description of each contract or grant for 
evaluation of any program (whether or not such contract or grant was 
made under section 416) any part of the performance of which 
occurred during the preceding year, (2) the name of the firm or 
individual who is to carry out the evaluation, and (3) the amount to be 
paid under the contract or grant. 
20 u s e 1226d. 
u 
RENEWAL EVALUATION 
REPORTS 
"SEC. 418. (a) In the case of any applicable program for which-
"(1) the authorization of appropriations expires; or 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
565 
"(2) the time during which payments or grants are to be made 
expires; 
not later than one year prior to the date of such expiration, the Assist-
ant Secretary shall submit to the Committee on Education and Labor 
of the House of Representatives and the Committee on Labor and 
Public Welfare of the Senate a comprehensive evaluation report on 
such program. 
"(b) Any comprehensive evaluation report submitted pursuant to 
subsection (a) shall contain—• 
"(1) a history of the program concerned, including— 
" (A) a history of authorizations of appropriations, budget 
requests, 
appropriations, 
and 
expenditures 
for 
such 
programs; 
"(B) a history of legislative recommendations with respect 
to such program made by the President and the disposition 
of such recommendations, and 
"(C) a history of legislative changes made in applicable 
statutes with respect to such program; 
"(2) assuming a continuation of such program, recommenda-
tions for improvements (including legislative changes and fund-
ing levels) m such program with a view toward achieving the 
legislative purposes of such program; 
"(3) a compilation and summary of all evaluations of such 
program; and 
"(4) a recommendation with respect to whether such program 
should be continued, and the date of its expiration, and the reasons 
for such recommendation.", 
(b) The amendments made by subsection (a) of this section shall 
Effective date. 
become effective on the date of enactment of this Act. 
note. 
APPLICABILITY OF PART C 
SEC. 507. (a) Section 421 of the General Education Provisions Act, 
^^ ^^^ ^2^^-
and all references thereto, is redesignated as section 421A; and such 
Act is amended by inserting after the heading of part C of such Act 
the following new section: 
'APPLICABILITr 
20 use 1230. 
"SEC. 421. The provisions of this part shall apply to any program for 
which the Commissioner has administrative responsibility, as specified 
by law or by delegation of authority pursuant to law.". 
(b) The amendment made by subsection (a) shall be effective on ^
^
^
^
f
"
"
"
^ '^^'^• 
and after July 1,1974. 
20 use 1230 
note. 
PUBLICATION OF INDEXED COMPILATION OF INNOVATIVE PROJECTS; 
REVIEW OP APPLICATIONS 
SEC. 508. (a) Part C of the General Education Provisions Act is 
amended by redesignating sections 424 through 427 as sections 426 i23°iJ^^f23\^^^'^' 
through 429, respectively, and by inserting after section 423 the fol- 123if.' 
lowing new sections: 
" C O M P I L A T I O N O F ASSISTED INNOVATIVE PROJECTS 
"SEC. 424. The Assistant Secretary shall publish annually a compila- 
^° ^^^ i23ib-i. 
tion of all innovative projects assisted under programs administered 
in the Education Division, including title I I I and part C of title IV 
of the Elementary and Secondary Education Act of 1965, in any ^°^g^*^^'*^' 
566 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT, 
year funds are used to carry out such programs. Such compilation 
shall be indexed according to subject, descriptive terms, and locations. 
20USC 1231b-2. 
20 u s e 236. 
Appeal. 
Records, 
ability. 
Noncompliance. 
Effective date. 
20 u s e 1231b-l 
note. 
"REVIEW OF APPLICATIONS 
"SEC. 425. (a) In the case of any applicable program under which 
financial assistance is provided to (or through) a State educational 
agency to be expended in accordance with a State plan approved by 
the Commissioner, and in the case of the program provided for in title I 
of the Elementarj^ and Secondary Education Act of 1965, any appli-
cant or recipient aggrieved by the final action of the State educa-
tional agency, and alleging a violation of State or Federal law, rules, 
regulations, or guidelines governing the applicable program, in (1) 
disapproving or failing to approve its application or program in whole 
or part, (2) failing to provide funds in amounts in accord with the 
requirements of laws and regulations, or (8) terminating further 
assistance for an approved program, may within thirty dsijs request a 
hearing. Within thirty days after it receives such a request, the State 
educational agency shall hold a hearing on the record and shall review 
such final action. No later than ten days after the hearing the State 
educational agency shall issue its written ruling, including reasons 
therefor. If it determines such final action was contrary to Federal 
or State law, or the rules, regulations, and guidelines, governing such 
applicable program it shall rescind such final action. 
"(b) Any applicant or recipient aggrieved by the failure of a 
State educational agency to rescind its final action after a review 
under such subsection (a) may appeal such action to the Commis-
sioner. An appeal under this subsection may be taken only if notice 
of such appeal is filed with the Commissioner within twenty days 
after the applicant or recipient has been notified by the State educa-
tional agency of the results of its review under subsection (a). If, on 
such appeal, the Commissioner determines the final action of the 
State educational agency was contrary to Federal law, or the rules, 
regulations, and guidelines governing the applicable program, he shall 
issue an order to the State educational agency prescribing appropriate 
action to be taken by such agencv. On such appeal, findings of fact of 
the State educational agency, if supported by substantial evidence, 
shall be final. The Commissioner may also issue such interim orders to 
State educational agencies as he may deem necessary and appropriate 
pending appeal or review. 
"(c) Each State educational agency shall make available at rea-
sonable times and places to each applicant or recipient under a pro-
gram to which this section applies all records of such agency pertaining 
to any review or appeal such applicant or recipient is conducting under 
this section, including records of other applicants. 
"(d) If any State educational agency fails or refuses to comply 
with any provision of this section, or with any ord^r of the Commis-
sioner under subsection (b), the Commissioner shall forthwith termi-
nate all assistance to the State educational agency under the applicable 
proi^ram affected.". 
(b) The amendments made by subsection (a) shall be effective on 
the date of enactment of this Act. 
20 u s e 1232. 
AMENDMENTS TO SECTION 4 3 1 OF T H E GENERAL EDUCATION PROVISIONS 
ACT RELATING TO RULES, REGULATIONS, AND OTHER REQUIREMENTS OF 
GENERAL 
APPLICABILITY 
SEC. 509. (a) (1) Section 431(b) of the General Education Provisions 
Act is amended by inserting "(1)" after "(b)" and by adding at the 
end thereof the following: 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
567 
" (2) (A) During the thirty-day period prior to the date upon which 
such standard, rule, regulation, or general requirement is to be effec-
tive, the Commissioner shall, in accordance with the provisions of sec-
tion 553 of title 5, United States Code, offer any interested party an 
opportunity to make comment upon, and take exception to, such stand-
ard, rule, regulation, or general requirement and shall reconsider any 
such standard, rule, regulation, or general requirement upon which 
comment is made or to which exception is taken. 
"(B) If the Commissioner determines that the thirty-day require-
ment in paragraph (1) will cause undue delay in the implementation 
of a regulation, thereby causing extreme hardship for the intended 
beneficiaries of an applicable program, he shall notify the Committee 
on Education and Labor of the House of Representatives and the Com-
mittee on Labor and Public Welfare of the Senate. If neither commit-
tee disagrees with the determination of the Commissioner within 10 
days after such notice, the Commissioner may waive such requirement 
with respect to such regulation.". 
(2) Section 431 of such Act is amended by adding at the end thereof 
the following new subsections: 
"(d) (1) Concurrently with the publication in the Federal Register 
of any standard, rule, regulation, or requirement of general applica-
bility as required in subsection (b) of this section, such standard, 
rule, regulation, or requirement shall be transmitted to the Speaker 
of the House of Representatives and the President of the Senate. 
Such standard, rule, regulation, or requirement shall become effective 
not less than forty-five days after such transmission unless the Con-
gress shall, by concurrent resolution, find that the standard, rule, 
regulation, or requirement is inconsistent with the Act from which 
it derives its authority, and disapprove such standard, rule, regulation, 
or requirement. 
"(2) The forty-five-day period specified in paragraph (1) shall be 
deemed to run without interruption except during periods when either 
House is in adjournment sine die, in adjournment subject to the call 
of the Chair, or in adjournment to a day certain for a period of more 
than four consecutive days. In any such period of adjournment, the 
forty-five days shall continue to run, but if such period of adjourn-
ment is thirty calendar days, or less, the forty-five-day period shall 
not be deemed to have elapsed earlier than ten days after the end of 
such adjournment. In any period of adjournment which lasts more 
than thirty days, the forty-five-day period shall be deemed to have 
elapsed after thirty calendar days has elapsed, unless, during those 
thirty calendar days, either the Committee on Education and Labor 
of the House of Representatives, or the Committee on Labor and Pub-
lic Welfare of the Senate, or both, shall have directed its chairman, 
in accordance with said committee's rules, and the rules of that House, 
to transmit to the appropriate department or agency head a formal 
statement of objection to the proposed standard, rule, regulation, or 
requirement. Such letter shall suspend the effective date of the stand-
ard, rule, regulation, or requirement until not less than twenty days 
after the end of such adjournment, during which the Congress may 
enact the concurrent resolution provided for in this subsection. In no 
event shall the standard, rule, regulation, or requirement go into 
effect until the forty-five-day period shall have elapsed, as provided 
for in this subsection, for both Houses of the Congress. 
"(e) Whenever a concurrent resolution of disapproval is enacted 
by the Congress under the provisions of this section, the agency which 
issued such standard, rule, regulation, or requirement may there-
after issue a modified standard, rule, regulation, or requirement to 
Waiver. 
Ante, p. 566. 
Transmittal to 
Speaker of the 
House and Presi-
dent of the 
Senate. 
Effective date. 
568 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
govern the same or substantially identical circumstances, but shall, in 
publishing such modification in the Federal Register and submitting 
it to the Speaker of the House of Representatives and the President 
of the Senate, indicate how the modification differs from the proposed 
standard, rule, regulation, or requirement of general applicability 
earlier disapproved, and how the agency believes the modification 
disposes of the findings by the Congress in the concurrent resolution 
of disapproval. 
"(f) For the purposes of subsections (d) and (e) of this section, 
i22°ie"^^ ^^^^'^' activities under sections 404, 405, and 406 of this title, and under title 
Ante, p. 556. 
I X of the Education Amendments of 1972 shall be deemed to be appli-
20 use 1681. 
cable programs. 
Schedule, sub- 
^^ (g) Not later than sixty days after the enactment of any part of 
^res^sionalTom- 
any Act affccting the administration of any applicable program, the 
mittees. 
Commissiouer shall submit to the Committee on Education and Labor 
of the House of Representatives and the Committee on Labor and 
Public Welfare of the Senate a schedule in accordance with which the 
Commissioner has planned to promulgate rules, regulations, and 
guidelines implementing such Act or part of such Act. Such schedule 
shall provide that all such rules, regulations, and guidelines shall be 
promulgated within one hundred and eighty days after the submission 
of such schedule. Except as is provided in the following sentence, all 
such rules, regulations, and guidelines shall be promulgated in accord-
ance with such schedule. If the Commissioner finds that, due to circum-
stances unf orseen. at the time of the submission of any such schedule, he 
cannot comply with a schedule submitted pursuant to this subsection, 
he shall notify such committees of such finding and submit a new sched-
ule. If both such committees notify the Commissioner of their approval 
of such new schedule, such rules, regulations, and guidelines shall be 
promulgated in accordance with such new schedule.". 
2 "use''123^2*^' 
0^) The amendment made by paragraph (2) of subsection (a) shall 
note. 
be effective on the date of enactment of this Act and shall be effective 
with respect to the provisions of this Act. 
AUDITS AND RECORDKEEPING 
se^stal! 326!^' 
^^c. 510. Section 434(a) of the General Education Provisions Act is 
20 use 1232c. amended to read as follows: 
"SEC. 434. (a) (1) Each recipient of Federal funds under any appli-
cable program through any grant, subgrant, contract, subcontract, 
loan, or other arrangement entered into (other than by formal 
advertising) shall keep such records as the Assistant Secretary shall 
prescribe, including records which fully disclose the amount and dis-
position by such recipient of the proceeds of such assistance, the 
total cost of the project or undertaking in connection with which 
such funds are given or used, the amount of that portion of the cost 
of the project or undertaking supplied by other sources, and such 
other records as will facilitate an effective audit. 
"(2) The Secretary and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall, until 
the expiration of five years after the completion of the project or 
undertaking to which reference is made in paragraph (1), have access, 
for the purpose of audit and examination, to any books, documents, 
papers, and records of such recipients which, in. the opinion of the 
Comptroller General, after consultation with the Assistant Secretary, 
may be related, or pertinent to, the grants, subgrants, contracts, sub-
contracts, loans, or other arrangements to which reference is made 
in paragraph (1).". 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
569 
SIMPLIFIED 
STATE 
APPLICATION 
SEC. 511. (a) Section 434 of the General Education Provisions Act 
20 use 1232c. 
is amended by striking out subsection (b) thereof and inserting in lieu 
thereof the following: 
"(b) (1) (A) In the case of any State which applies, contracts, or 
submits a plan, for participation in any applicable program in which 
Federal funds are made available for assistance to local educational 
agencies through, or under the supervision of the State educational 
agency of that State, such State shall submit to, and maintain on file 
with, the Commissioner a general application meeting the require-
ments of this subsection. Such general application shall (i) provide 
for the submission by the State and approval by the Commissioner of 
an annual program plan with respect to the particular programs in 
Avhich the State desires to participate and (ii) provide assurances— 
"(I) that the State will, through its State educational agency, 
provide for such methods of administration as are necessary for 
the proper and efficient administration of the programs to which 
the general application applies; 
"(II) that the State will make provision for such fiscal con-
trol and fund accounting procedures as may be necessary to assure 
proper disbursement of, and accounting for, Federal funds paid 
to the States under any applicable program; 
"(III) that the State will make provision for making such 
reports as the Commissioner may require to carry out his 
functions; 
"(IV) that the State will follow such policies and use such 
methods and practices of administration as will insure that non-
Federal funds wdll not be supplanted by Federal funds; and 
"(V) that the State will submit to, and have approved by, the 
Commissioner an annual program plan in accordance with sub-
paragraph (B). 
"(B) The annual program plan submitted by any State for any fiscal ^i^""""*' program 
year with respect to any program to which this paragraph applies 
shall— 
"(i) be prepared and administered in a manner consistent wdth 
specific State plan requirements of the appropriate applicable 
statutes affecting the program for which the annual program plan 
is applicable; 
"(ii) set forth a statement describing the purposes for which 
Federal funds will be expended during the fiscal year for which 
the annual program plan is submitted; and 
" (iii) comply in all other respects with the specific requirements 
of the appropriate applicable statutes. 
" (2) In accordance with determinations and regulations of the Com-
missioner, the requirements of paragraph (1) shall be in lieu of com-
parable requirements for State plans in applicable statutes authorizing 
appropriations for programs to which paragraph (1) applies. 
"(3) In the case of any application for assistance under any appli-
cable program to which paragraph (1) does not apply and with respect 
to which the Commissioner determines that this section would sim-
plify the administration of an applicable program, each such appli-
cation shall be submitted to the Commissioner at such time, in such 
manner, and containing such information as the Commissioner shall 
prescribe by regiilation and, as a precondition for approval, shall— 
"(A) provide for such methods of administration as are neces-
sary for the proper and efficient administration of the program or 
project for which application is made; 
plan. 
570 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Judicial review. 
"(B) make provision for such fiscal control and fund account-
ing procedures as may be necessary to assure proper disbursement 
of, and accounting for, Federal funds paid to the applicant under 
the application; and 
"(C) provide for making such reports as the Commissioner may 
require to carry out his functions. 
Noncompliance. 
"(c) Whenever the Commissioner, after reasonable notice and an 
opportunity for hearing, finds that there has been a failure, by any 
recipient or funds under any applicable program, to comply substan-
tially with the terms to which such recipient has agreed in order to 
receive such funds, the Commissioner shall notify such recipient that 
further payments will not be made to such recipient under that pro-
gram until he is satisfied that such recipient no longer fails to comply 
with such terms. Until the Commissioner is so satisfied, no further 
payments shall be made to such recipient. Pending the outcome of any 
termination proceeding initiated under this paragraph, the Commis-
sioner may suspend payments to such recipient, after such recipient 
has been given reasonable notice and opportunity to show cause why 
such action should not be taken. 
"(d) (1) If any State has submitted an application for funds under 
any applicable program under which appropriations for such program 
are, by the applicable statute, allotted or apportioned among the 
States or under which the State (or local educational agencies in that 
State) is entitled to a portion of an appropriation therefor and the 
Commissioner disapproves such application, or if the Commissioner 
withholds payments to a State under paragraph (1) of subsection 
(c), that State shall be entitled to judicial review of the actions of the 
Commissioner in accordance with the provisions of this paragraph. 
"(2) (A) If any State, under circumstances qualifying for judicial 
review under this paragraph, desires judicial review of the Commis-
sion's action, such State may, within sixty days 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 such 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 the action brought 
under this division, as provided in section 2112 of title 28, United 
States Code. 
"(B) The findings of fact by the Commissioner, 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 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. 
"(e) For the purposes of this section, the term 'application' 
includes— 
" (1) an application for a grant; 
" ^ 
2) an offer to make a contract; 
"(3) a State plan for the administration of an applicable 
program; 
'Application. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
571 
"(4) State assurances with respect to the administration of 
such a program; and 
"(5) any other methods for seeking Federkl funds from the 
Commissioner of Education j 
under which an agency, institution, organization, or other organized 
entity may become the recipient of Federal funds.". 
(b) (1) The amendments made by subsection (a) shall be effective 
^o^usc'^i23:2c^" 
on and after July 1,1974. 
note. 
(2) Nothing in the amendment made by subsection (a) shall be j^J^j° "^^ ^^^^'^ 
construed to affect the applicability of chapter 5 of title 5, United 
States Code, to the Office of Education or actions by the Commissioner, 
s use soo. 
FURNISHING INFORMATION 
SEC. 512. (a) Part C of the General Education Provisions Act is fur-
ther amended by adding at the end thereof the following new section: 
" R E S P O N S I B I L I T Y 
O F STATES TO FURNISH INFORMATION 
"SEC. 437. (a) The Commissioner shall require that each State sub- 
R^p°'-t t° com-
, . 
\ 
/ . 
. 
, 
,. 
, 
T 
(• 
r» 
1 
miss loner. 
mit to him, within sixty days after the end or any nscal year, a report 
20 use i232f. 
on the uses of Federal funds in that State under any applicable pro-
gram for which the State is responsible for administration. Such re-
port shall— 
"(1) list all grants and contracts made under such program to 
the local educational agencies and other public and private agen-
•^ies and institutions within such State during such year; 
"(2) include the total amount of funds available to the State 
under each such program for such fiscal year and specify from 
which appropriation Act or Acts these funds were available; 
"(3) with respect to the second preceding fiscal year, include a 
compilation of reports from local educational agencies and other 
public and private agencies and institutions within such State 
which sets forth the amount of such Federal funds received by each 
such agency and the purposes for which such funds were expended; 
"(4) with respect to such second preceding fiscal year, include 
a statistical report on the individuals served or affected by pro-
grams, projects, or activities assisted with such Federal funds; and 
" (5) be made readily available by the State to local educational 
agencies and other public and private agencies and institutions 
within thfe State, and to the public. 
"(b) On or before October 15 of each year, the Commissioner shall ^ n^f"? ''"^^>:^^^ 
1 
' 
! / - > < 
• 
T 1 
T - r 4 i T 
TIT 1 <
• 
p 
^ 
r^ 
and statisticaj. 
submit to the Committee on Labor and Public Welfare or the Senate data, submittal to 
and to the Committee on Education and Labor of the House of Rep- ^°"^i^^'°"^^ 
resentatives an analysis of these reports and a compilation of statisti-
cal data derived therefrom.". 
(b) The amendment made by subsection (a) shall be effective upon 
20 usc'^1232/" 
enactment of this Act. 
note. 
PROTECTION o r THE RIGHTS AND PRIVACY OF PARENTS AND STUDENTS 
SEC. 513. (a) Part C of the General Education Provisions Act is tio^n^aTR^igh?s"and 
further amended by adding at the end thereof the following new Privacy Act o
f 
section: 
1^74. 
" P R O T E C T I O N O F T H E R I G H T S A N D P R I V A C Y O F P A R E N T S A N D STUDENTS 
"SEC. 438. (a) (1) No funds shall be made available under an;^ appli- 
^° "^^ ^"2^-
cable program to any State or local educational agency, any institu-
tion of higher education, any community college, any school, agency 
572 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
offering a preschool program, or any other educational institution 
which has a policy of denying, or which effectively prevents, the par-
ents of students attending any school of such agency, or attending 
such institution of higher education, community college, school, pre-
school, or other educational institution, the right to inspect and review 
any and all official records, files, and data directly related to their 
children, including all material that is incorporated into each student's 
cumulative record folder, and intended for school use or to be available 
to parties outside the school or school system, and specifically includ-
ing, but not necessarily limited to, identifying data, academic work 
completed, level of achievement (grades, standardized achievement 
test scores), attendance data, scores on standardized intelligence, apti-
tude, and psychological tests, interest inventory results, health data, 
family background information, teacher or counselor ratings and 
observations, and verified reports of serious or recurrent behavior 
patterns. Where such records or data include information on more 
than one student, the parents of any student shall be entitled to 
receive, or be informed of, that part of such record or data as pertains 
to their child. Each recipient shall establish appropriate procedures 
for the granting of a request by parents for access to their child's 
school records within a reasonable period of time, but in no case more 
than forty-five days after the request has been made. 
Hearing. 
a ^2) Parcuts Shall have an opportunity for a hearing to challenge 
the content of their child's school records, to insure that the records 
are not inaccurate, misleading, or otherwise in violation of the privacy 
or other rights of students, and to provide an opportunity for the cor-
rection or deletion of any such inaccurate, misleading, or otherwise 
inappropriate data contained therein. 
refo/ds^^^arL ai 
"('^)(1) "^^ fuuds shall be made available under any applicable 
Ton's'ent'r^^'ilire- 
program to any State or local educational agency, any institution of 
•««"*• 
higher education, any community college, any school, agency offering 
a preschool program, or any other educational institution which has a 
policy of permitting the release of personally identifiable records or 
files (or personal information contained therein) of students without 
the written consent of their parents to any individual, agency, or 
organization, other than to the following— 
"(A) other school officials, including teachers within the edu-
cational institution or local educational agency who have legit-
imate educational interests; 
"(B) officials of other schools or school systems in which the 
student intends to enroll, upon condition that the student's par-
ents be notified of the transfer, receive a copy of the record if 
desired, and have an opportunity for a hearing to challenge the 
content of the record; 
"(C) authorized representatives of (i) the Comptroller Gen-
eral of the United States, (ii) the Secretary, (iii) an administra-
tive head of an education agency (as defined in section 409 of 
this Act), or (iv) State educational authorities, under the con-
ditions set forth in paragraph (3) of this subsection; and 
"(D) in connection with a student's application for, or receipt 
of, financial aid. 
"(2) No funds shall be made available under any applicable pro-
gram to any State or local educational agency, any institution of 
liigher education, any community college, any school, agency offering 
a preschool program, or any other educational institution which has a 
policy or practice of furnishing, in any form, any personally identifi-
able information contained in personal school records, to any persons 
other than those listed in subsection (b) (1) unless— 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
573 
"(A) there is written, consent from the student's parents speci-
fying records to be released, the reasons for such release, and to 
whom, and with a copy of the records to be released to the stu-
dent's parents and the student if desired by the parents, or 
"(B) such information is furnished in compliance with judi-
cial order, or pursuant to any lawfully issued subpoena, upon con-
dition that parents and the students are notified of all such orders 
or subpoenas in advance of the compliance therewith by the educa-
tional institution or agency. 
"(3) Nothing contained in this section shall preclude authorized 
representatives of (A) the Comptroller General of the United States, 
(B) the Secretary, (C) an administrative head of an education agency 
or (D) State educational authorities from having access to student 
or other records which may be necessary in connection with the audit 
and evaluation of Federally-supported education program, or in con-
nection with the enforcement of the Federal legal requirements which 
relate to such programs: Provided^ That, except when collection of 
personally identifiable data is specifically authorized by Federal law, 
any data collected by such officials with respect to individual students 
shall not include information (including social security numbers) 
which would permit the personal identification of such students or 
their parents after the data so obtained has been collected. 
"(4) (A) With respect to subsections (c) (1) and (c) (2) and (c) (3), 
all persons, agencies, or organizations desiring access to the records of 
a student shall be required to sign a written form which shall be kept 
permanently with the file of the student, but only for inspection by the 
parents or student, indicating specifically the legitimate educational 
or other interest that each person, agency, or organization has in seek-
ing this information. Such form shall be available to parents and to 
the school official responsible for record maintenance as a means of 
auditing the operation of the system. 
"(B) With respect to this subsection, personal information shall 
only be transferred to a third party on the condition that such party 
will not permit any other party to have access to such information 
without the written consent of the parents of the student. 
"(c) The Secretary shall adopt appropriate regulations to protect 
the rights of privacy of students and their families in connection with 
any surveys or data-gathering activities conducted, assisted, or au-
thorized by the Secretary or an administrative head of an education, 
agency. Regulations established under this subsection shall include 
provisions controlling the use, dissemination, and protection of such 
data. No survey or data-gathering activities shall be conducted by 
the Secretary, or an administrative head of an education agency under 
an applicable program, unless such activities are authorized by law. 
"(d) For the purposes of this section, whenever a student has at-
tained eighteen years of age, or is attending an, institution of post-
secondary education the permission or consent required of and the 
rights accorded to the parents of the student shall thereafter only be 
required of and accorded to the student. 
"(e) No funds shall be made available under any applicable pro-
gram unless the recipient of such funds informs the parents of stu-
dents, or the students, if they are eighteen years of age or older, or are 
attending an institution of postsecondary education, of the rights 
accorded them by this section. 
"(f) The Secretary, or an administrative head of an education 
agency, shall take appropriate actions to enforce provisions of this 
section and to deal with violations of this section, according to the 
provisions of this Act, except that action to terminate assistance may 
Records, 
sibility for acces-
audit. 
Written request. 
Surveys. 
574 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Ante, pp. 568-
571. 
Effective date. 
20 u s e 1232g 
note. 
20 u s e 1232g 
note. 
be taken only if the Secretary finds there has been a failure to comply 
with the provisions of this section, and he has determined that compli-
ance cannot be secured by voluntary means. 
"(g) The Secretary shall establish or designate an office and review 
board within the Dej)artment of Health, Education, and Welfare for 
the purpose of investigating, processing, reviewing, and adjudicating 
violations of the provisions of this section and complaints which may 
be filed concerning alleged violations of this section, according to the 
procedures contained in sections 434 and 437 of this Act.". 
(b)(l)(i) The provisions of this section shall become effective 
ninety days after the date of enactment of section 438 of the General 
Education Provisions Act. 
(2) (i) This section may be cited as the "Family Educational Rights 
and Privacy Act of 1974". 
Ante, p. 571, 
PROTECTION OF PUPIL RIGHTS 
SEC. 514. (a) Part C of the General Education Provisions Act is 
further amended by adding after section 438 the following new section: 
20 u s e 1232h. 
Definition. 
Effective date. 
20 u s e 1232h 
note. 
"PROTECTION OF PUPIL RIGHTS 
"SEC. 439. All instructional material, including teacher's manuals, 
films, tapes, or other supplementary instructional material which will 
be used in connection with any research or experimentation program 
or project shall be available for inspection by the parents or guardians 
of the children engaged in such program or project. For the purpose 
of this section 'research or experimentation program or project' means 
any program or project in any applicable program designed to explore 
or develop new or unproven teaching methods or techniques.". 
(b) The amendment made by subsection (a) shall be effective upon 
enactment of this Act. 
Supra. 
20 u s e 12321. 
Ante, 
p. 572. 
Effective date. 
20 u s e 12321 
note. 
LIMITATION ON WITHHOLDING OF FEDERAL FUNDS 
SEC. 515. (a) Part C of the General Education Provisions Act is 
further amended by adding after section 439 the following new section: 
((. 
LIMITATION ON WITHHOLDING OF FEDERAL FUNDS 
"SEC. 440. Except as provided in section 438(b) (1) (D) of this Act, 
the refusal of a State or local educational agency or institution of 
higher education, community college, school, agency offering a pre-
school program, or other educational institution to provide personally 
identifiable data on students or their families, as a part of any applica-
ble program, to any Federal office, agency, department, or other third 
party, on the grounds that it constitutes a violation of the right to 
privacy and confidentiality of students or their parents, shall not con-
stitute sufficient grounds for the suspension or termination of Federal 
assistance. Such a refusal shall also not constitute sufficient grounds for 
a denial of, a refusal to consider, or a delay in the consideration of, 
funding for such a recipient in succeeding fiscal years. In the case of 
any dispute arising under this section, reasonable notice and oppor-
tunity for a hearing shall be afforded the applicant.". 
(b) The amendment made by subsection (a) shall be effective upon 
enactment of this Act. 
Effective date. 
20 use 1233b 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
575 
APPOINTMENT OF MEMBERS OF AND FUNCTIONING OF ADVISORY COUNCILS 
SEC. 516. (a) Section 443 of the General Education Provisions Act 
^o use ussb. 
is amended by inserting " ( a ) " after "Sec. 433." and by adding at the 
end thereof the following: 
"(b) Where the President fails to appoint a member to fill a vacancy 
in the membership of a Presidential advisory council within sixty days 
after it occurs (or after the effective date of the statute creating such 
council), then the Secretary shall immediately appoint a member to 
fill such vacancy.". 
(b) The amendment made by subsection (a) shall be effective upon 
enactment of this Act. 
note. 
OTHER AMENDMENTS RELATING TO ADVISORY COUNCILS 
SEC. 517. (a) (1) Section 445 of the General Education Provisions 
Act is amended by adding at the end thereof the following new 
20 use 1233d. 
subsection: 
"(d) No employee of an advisory council, appointed and com-
pensated pursuant to this section, shall be compensated at a rate in 
excess of that which such employee would receive if such employee 
were appointed subject to the appropriate provisions of title 5, United 
States Code, regarding appointments to, and compensation with 
^ use 101 et 
respect to, the competitive service, except that— 
^^* 
"(1) executive directors of Presidential advisory councils 
shall be compensated at the rate specified for employees placed 
in grade 18 of the General Schedule set forth in section 5332 
of such title 5; 
5 use 5332 
"(2) executive directors of all other statutory advisory coun- "°*^* 
cils shall be compensated at the rate provided for employees in 
grade 15 of such General Schedule; and 
" (3) in accordance with regulations promulgated by the Assist-
ant Secretary, other employees of advisory councils shall be com-
pensated at such rates as may be necessary to enable such advisory 
councils to accomplish their purposes.". 
(2) Such section 445 is amended by striking out "Commissioner" 
where it appears and inserting in lieu thereof "Assistant Secretary." 
(b) Section 447(b) of the General Education Provisions Act is 
20 use i233f. 
amended by striking out "each statutory advisory council" and insert-
ing in lieu thereof "each advisory council which is subject to the opera-
tion of this part". 
RELATION TO OTHER LAWS 
SEC. 518. (a) Part D of the General Education Provisions Act is 
20 use 1233. 
amended by adding at the end thereof the following new section: 
" R E L A T I O N TO OTHER LAWS 
"SEC. 449. (a) No provision of any law establishing, authorizing the 
^o use 123311. 
establishment of, or controlling the operation of, an advisory council 
which is not consistent with the provisions of this part shall apply to 
any advisory council to which this part applies. 
"(b) The provisions of subsections (e) and (f) of section 10 of the 
Federal Advisory Committee Act shall not apply to Presidential 
advisory councils (as defined in section 441)." 
(b) The amendment made by subsection (a) shall be effective upon note."^*^ ^^^^^ 
enactment of this Act. 
576 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
OFFICE OF LIBRARIES AND LEARNING RESOURCES 
fo usc^^aTu'* 
^^^' ^^^' (^) There is established, in the Office of Education, an 
Office of Libraries and Learning Resources (hereafter in this section 
referred to as the "Office"), through which the Commissioner shall 
administer all programs in the Office of Education related to assistance 
for, and encouragement of, libraries and information centers and edu-
cation technology. 
(b) The Office shall be headed by a Director, to whom the Com-
missioner shall delegate his delegable functions with respect to the 
programs administered through the Office. 
TITLE VI—EXTENSION AND REVISION OF 
RELATED 
ELEMENTARY 
AND 
SECONDARY 
EDUCATION 
PROGRAMS 
PART A—ADULT EDUCATION 
20 use 1202. 
DEFINITION OP 
COMMUNITY SCHOOL PROGRAM 
SEC. 601. Section 303 of the Adult Education Act is amended by (1) 
redesignating subsections (e), (f), (g), (h),and (i), and all references 
thereto, as subsections (f), (g), (n), (i), and (j), respectively, and 
(2) inserting after subsection (d) the following new subsection: 
"(e) The term 'community school program' is a program in which 
a public building, including but not limited to a public elementary or 
secondary school or a community or junior college, is used as a com-
munity center operated in conjunction with other groups in the com-
munity, community organizations, and local governmental agencies, 
to provide educational, recreational, cultural, and other related com-
munity services for the community that center serves in accordance 
with the needs, interests, and concerns of that community.". 
SPECIAL P R O J E C T S RESERVATION ELIMINATED 
20 use 1
2 03. 
Sec. 602. Section 304 of the Adult Education Act is amended 
(1) by striking out subsection (a), and (2) by striking out in sub-
section (b) the following: "(b) From the remainder of such sums, 
the" and inserting in lieu thereof "The". 
20 u s e 1205. 
NEW STATE PLAN REQUIREMENTS 
SEC. 603. (a) Section 306 of the Adult Education Act is amended by 
redesignating clauses (6), (7), (8), and (9), and all references thereto, 
as clauses (8), (9), (10), and (11), respectively, and by inserting after 
clause (5) of such section the following new clauses: 
(6) provide for cooperation with manpower development and 
training programs and occupational education programs, and for 
coordination of programs carried on under this title with other 
programs, including reading improvement programs, designed to 
provide reading instruction for adults carried on by State and local 
agencies; 
" (7) provide that such agency will make available not to exceed 
20 per centum of the State's allotment for programs of equivalency 
for a certificate of graduation from a secondary school;", 
(b) Section 306(a) (1) of such Act is amended by inserting after 
"adult population" the following: ", including institutionalized per-
sons," and by inserting before the semicolon at the end thereof a 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
577 
comma and the following: "That not to exceed 20 per centum of the 
funds used to carry out this Act for any fiscal year may be used for 
the education of institutionalized persons". 
USE OF FUNDS FOR SPECIAL PROJECTS 
SEC. 604. Section 309 of the Adult Education Act is amended to read 
^° ^^^ ^^°^' 
as follows: 
" U S E 
O F F U N D S FOR S P E C I A L E X P E R I M E N T A L D E M O N S T R A T I O N PROJECTS 
AND TEACHER TRAINING 
"SEC. 309. Of the funds allotted to a State under section 305 for a 
fiscal year, not less than 15 per centum shall be used for— 
"(1) special projects which will be carried out in furtherance 
of the purposes of this title, and which— 
"(A) involve the use of innovative methods, systems, 
materials, or programs which may have national significance 
or be of special value in promoting effective programs under 
this title, or 
"(B) involve programs of adult education which are part 
of community school programs, carried out in cooperation 
with other Federal, federally assisted. State, or local pro-
grams which have unusual promise in promoting a compre-
hensive or coordinated approach to the problems of persons 
with educational deficiences; and 
"(2) training persons engaged, or preparing to engage, as per-
sonnel in programs designed to carry out the purposes of this 
title.". 
CLEiVRINGHOUSE ON ADULT EDUCATION 
SEC. 605. The Adult Education Act is amended by inserting immedi-
ately after section 309 thereof the following new section: 
supra. 
u CLEARINGHOUSE ON ADULT EDUCATION 
20 u s e 1208-1, 
authority. 
" S E C 309A. The Commissioner shall establish and operate a clear-
inghouse on adult education, which shall collect and disseminate to the 
public information pertaining to the education of adults and adult 
education programs, together with ways of coordinating adult educa-
tion programs with manpower and other education prog-rams. The 
contract 
Commissioner is authorized to enter into contracts with public agencies 
or private organizations to operate the clearinghouse established or 
designated under this section.". 
STATE ADVISORY COUNCILS 
SEC. 606. The Adult Education Act is amended by inserting immedi-
ately after section 310 thereof the following new section: 
"STATE ADVISORY COUNCILS 
"SEC. 310A. (a) Any State which receives assistance under this title 
may establish and maintain a State advisory council, or may designate 
and maintain an existing State advisory council, which shall be, or has 
been, appointed by the Governor or, in the case of a State in which 
members of the State board which governs the State education 
agency are elected (including election by the State legislature), by 
such board. 
20 use 1208b. 
578 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Ante, p. 576; 
Infra. 
Annual report. 
20 u s e 1208a. 
Ante, p. 576. 
Ante, p. 504. 
Ante, p. 503. 
20 u s e 1241 
note. 
20 u s e 1208. 
"(b)(1) Such a State advisory council shall include as members 
persons who, by reason of experience or training, are knowledgeable 
in the field of adult education or who are officials of the State educa-
tional agency or of local educational agencies of that State, persons 
who are or have received adult educational services, and persons who 
are representative of the general public. 
''(2) Such a State advisory council, in accordance with regulations 
prescribed by the Commissioner, shall— 
"(A) advise the State educational agency on the development 
of, and policy matters arising in, the administration of the State 
plan approval pursuant to section 306; 
"(B) advise with respect to long-range planning and studies 
to evaluate adult education programs, services, and activities 
assisted under this Act; and 
"(C) prepare and submit to the State educational agency, and 
to the National Advisory Council for Adult Education estab-
lished pursuant to section 310, an annual report of its recom-
mendations, accompanied by such additional comments of the 
State educational agency as that agency deems appropriate. 
"(c) Upon the appomtment of any such advisory council, the 
appointing authority under subsection (a) of this section shall inform 
the Commissioner of the establishment of, and membership of, its 
State advisory council. The Commissioner shall, upon receiving such 
information, certify that each such council is in compliance with the 
membership requirements set forth in subsection (b)(1) of this 
section. 
"(d) Each such State advisory council shall meet within thirty days 
after certification has been accepted by the Commissioner under sub-
section (c) of this section and select from among its membership a 
chairman. The time, place, and manner of subsequent meetings shall 
be provided by the rules of the State advisory council, except that 
such rules shall provide that each such council meet at least four times 
each year, including at least one public meeting at which the public 
is given the opportunity to express views concerning adult education. 
"(e) Each such State advisory council is authorized to obtain the 
services of such professional, technical, and clerical personnel as may 
be necessary to enable them to carry out their functions under this 
section.". 
AMENDMENTS RELATING TO BILINGUAL EDUCATION 
SEC. 607. (a) Section 306(a) of the Adult Education Act is amended 
by striking out "and" at the end of clause (10) of such section, by 
redesignating clause (11), and all references thereto, as clause (12), 
and by adding after clause (10) the following new clause: 
"(11) provide that special assistance be given to the needs of 
persons of limited English-speaking ability (as defined in section 
703(a) of title VII of the Elementary and Secondary Education 
Act of 1965), by providing bilingual adult education programs 
in which instruction is given in English and, to the extent neces-
sary to allow such persons to progress effectively through the 
adult education program, in the native language of such persons, 
carried out in coordination with programs of bilingual education 
assisted under such title VII and bilingual vocational education 
programs under the Vocational Education Act of 1963; and" 
(b) (1) Section 309(b) (1) of such Act is amended by inserting a 
comma and "including methods for educating persons of limited 
English-speaking ability" immediately after "methods". 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
579 
(2) Section 309(b) (2) of such Act is amended by inserting a comma ^° ^^^ ^^°^' 
and "including education for persons of limited English-speaking 
ability" immediately after "education". 
(3) Section 311(b) of such Act is amended by inserting a comma ^^ "^^ ^^09. 
and "including education for persons of limited English-speaking 
ability in which instruction is given in English and, to the extent 
necessary to allow such persons to progress effectively through the 
adult education program, in the native language of such persons" 
immediately after "adult education". 
EXTENSION o r AUTHORIZATIONS OF APPROPRIATIONS; 
TECHNICAL 
AMENDMENTS 
SEC. 608. (a) Section 313(a) of the Adult Education Act is 20 use 1211. 
amended— 
(1) by striking out "section 310" and inserting in lieu thereof 
"sections 310 and 314"; 
(2) by striking out the word "and" after "June 30,1971,"; and 
(3) by inserting after 
"June 30, 1973," the following: 
"$150,000,000 for each of the fiscal years ending June 30,1974, and 
June 30,1975, $175,000,000 for the fiscal year ending June 30,1976, 
and $200,000,000 for each of the fiscal years ending June 30,1977, 
and June 30, 1978: Provided, That, effective with respect to fiscal 
years after June 30, 1974, grants to each State under section 305 
shall not be less than 90 per centum of the grants made to such 
State agencies in fiscal year 1973." 
(b) Section 314(d) of such Act, is amended by striking out "two" 
and inserting after "years" the following: "ending prior to July 1, 
1978". 
EFEECTIVE DATES 
SEC. 609. (a) The amendments made by this part shall be effective ^2° use 1202 
on the date of enactment of this Act, except that— 
(1) the amendments made by section 608 shall be effective on 
and after July 1', 1973; and 
(2) the amendments made by sections 603 and 607 shall be effec-
tive on, and with respect to appropriations for fiscal years begin-
ning after June 30,1973. 
(b) The amendments made by sections 603 and 604 shall not take 
effect with respect to any multi-year program or project approved 
prior to the date of enactment of this Act. 
PART B—EDUCATION or THE HANDICAPPED 
20 u s e 1211a. 
note. 
SHORT 
T I T L E 
Education of the 
SEC. 611. This title may be cited as the "Education of the Handi- Handica ed 
capped Amendments of 1974". 
Amend'menrs o
f 
1974. 
20 u s e 1402 
BUREAU FOR T H E EDUCATION AND TRAINING OF T H E HANDICAPPED 
note. 
SEC. 612. (a) Section 603 of the Education of the Handicapped Act 
^o use 1402. 
is amended by inserting " ( a ) " after "SEC. 603." and by adding at the 
end thereof the following new subsection: 
"(b)(1) The Bureau established under subsection (a) shall be 
headed by a Deputy Commissioner of Education who shall be 
appointed by the Commissioner, who shall report directly to the Com-
missioner, be compensated at the rate specified for, and placed in, 
grade 18 of the General Schedule set forth in section 5332 of title 5, 
United States Code. 
s use 5332 
580 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
" (2) In addition to such Deputy Commissionerj there shall be placed 
in such Bureau five positions for persons to assist the Deputy Com-
missioner in carrying out his duties, including the position of Associate 
Deputy Commissioner, and such positions shall be placed in grade 16 
of the General Schedule set forth in section 5332 of title 5, United 
^^s^usc 5332 
states Code.". 
"°2o*usc 1402 
(b) (1) The positions created by subsection (b) of section 603 of the 
"°l!,\^ 
e
-
7
o 
Education of the Handicapped Act shall be in addition to the number 
of positions placed in the appropriate grades under section 5108 of 
title 5, United States Code, and such positions shall be in addition to, 
and without prejudice against, the number of positions otherwise 
placed in the Office of Education under such section 5108 or under 
other law. Nothing in this section shall be deemed as limiting the Com-
missioner from assigning additional General Schedule positions in 
grades 16, IT, and 18 to the Office should he determine such additions 
to be necessary to operate programs for educating handicapped 
children authorized by this Act. 
(2) The amendments made by subsection (a) shall become effective 
Ante, p. 579. 
Effective date. 
20 u s e 1402 
note. 
upon the enactment of this Act 
ADVISORY COMMITTEE 
20 u s e 1403. 
SEC. 613. (a) Section 604(b) of the Education of the Handicapped 
Act is amended by adding at the end thereof the following new sen-
tence: "The Advisory Committee shall continue to exist until July 
1,1977.". 
(b) Section 604 of such Act is amended by adding at the end there-
of the following new subsection: 
"(c) There are authorized to be appropriated for the purposes of 
this section $100,000 for the fiscal year ending June 30, 1974, and for 
each of the three succeeding fiscal years.". 
STATE ENTITLEMENTS 
Effective date. 
g^Q 614. (a) Effcctlvc for fiscal year 1975 only, section 611 of the 
20 use 1411 
Education of the Handicapped Act is amended to read as follows: 
and note. 
"GRANTS TO STATES FOR EDUCATION or HANDICAPPED CHILDREN 
"SEC. 611. (a) The Commissioner shall, in accordance with the provi-
sions of this part, make payments to States for the purpose of assisting 
the States in the initiation, expansion, and improvement of programs 
and projects for the education of handicapped children at the pre-
school, elementary school, and secondary school levels in order to pro-
vide full educational opportunities to all handicapped children. Such 
payments may be used for the early identification and assessment of 
handicapping conditions in children under three years of age. 
20 use 1412. 
"(b)(1) Subject to the provisions of section 612, the maximum 
amount of the grant to which a State shall be entitled under this part 
shall be equal to— 
"(A) the number of children aged three to twenty-one inclu-
sive, in that State in the most recent fiscal year for which satisfac-
tory data are available; 
multiplied by— 
"(B) $8.75. 
"State." 
«^2) For the purpose of this subsection, the term 'State' does not 
include the Commonwealth of Puerto Rico, Guam, American Samoa, 
the Virgin Islands, and the Trust Territory of the Pacific Islands. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
581 
"(c) (1) The jurisdictions to which this subsection applies are the 
Commonwealth of Puerto Kico, Guam, American Samoa, the Virgin 
Islands, and the Trust Territory of the Pacific Islands. 
" (2) Each jurisdiction to which this subsection applies shall, for the 
fiscal year ending June 30, 1975, be entitled to a grant in an amount 
equal to an amount determined by the Commissioner, in accordance 
with criteria established by regulations, needed to initiate, expand, or 
improve programs and projects for the education of handicapped chil-
dren at the preschool, elementary school, and secondary school levels, 
in that jurisdiction, except that the aggregate of the amount to which 
such jurisdictions are so entitled for any fiscal year shall not exceed 
an amount equal to 2 per centum of the aggregate of the amounts to 
which all States are entitled under subsection (b) of this section for 
that fiscal year. If the aggregate of the amounts, determined by the 
Commissioner pursuant to the preceding sentence, to be so needed for 
any fiscal year exceeds an amount equal to such 2 per centum limita-
tion, the entitlement of each such jurisdiction shall be reduced propor-
tionately until such aggregate does not exceed such 2 per centum 
limitation. 
"(d) The Commissioner is authorized for the fiscal year ending 
June 30, 1975, to make payments to the Secretary of the Interior assistance. 
according to the need for such assistance for the education of handi-
capped children on reservations serviced by elementary and secondary 
schools operated for Indian children by the Department of the Interior, 
and the terms upon which payments for such purposes shall be made 
to the Secretary of the Interior shall be determined pursuant to such 
criteria as the Commissioner determines will best carry out the pur-
poses of this part. The amount of such payment for any fiscal year shall 
not exceed 1 per centum of the aggregate amounts to which States are 
entitled under subection (b) of this section for that fiscal year.". 
(b) Effective for fiscal year 1975 only, section 612 of such Act is 
Effective date. 
amended to read as follows: 
20 use 1412 
and note. 
Indian reserva-
tion schools. 
a 
ALLOCATIONS OF APPROPRIATIONS 
"SEC. 612. (a) Sums appropriated for the fiscal year ending June 30, 
1975, shall be made available to States and allocated to each State, on 
the basis of unsatisfied entitlements under section 611, in an amount 
^"'®' P- ^SO 
equal to the amount it received from the appropriation for this part 
for the fiscal year 1974. 
"(b) Any sums appropriated to carry out this part for any fiscal 
year which remain after allocations under subsection (a) of this sec-
tion shall be made to States in accordance with entitlements created 
under section 611 (to the extent that such entitlements are unsatis-
fied) ratably reduced. 
"(c) In the event that funds become available for making pay-
ments under this part for any fiscal year after allocations have been 
made under subsections (a) and (b) for that year, the amounts 
reduced under subsection (b) shall be increased on the same basis as 
they were reduced.". 
(c) Effective for fiscal year 1975 only, section 613(a) of such Act 
is amended by striking out "desires to receiA^e grants" in the first sen-
tence of such subsection and inserting in lieu thereof "is entitled 
to receive payments". 
(d) Section 613(a) of such Act is further amended by (1) strik-
ing out the word "and" at the end of paragraph (10), (2) by striking 
out the period at the end of paragraph (11) and inserting in lieu 
thereof a semicolon, and (3) by adding at the end thereof the follow-
ing two paragraphs: 
20 use 1413 
and note. 
?H iQ<i n - 7R - An
582 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
"(12) (A) establish a goal of providing full educational oppor-
tunities to all handicapped children, and (B) provide for a pro-
cedure to assure that funds expended under this part are used to 
accomplish the goal set forth m (A) of this paragraph and pri-
ority in the utilization of funds under this part will be given to 
handicapped children who are not receiving an education; and 
"(13) provide procedures for insuring that handicapped chil-
dren and their parents or guardians are guaranteed procedural 
safeguards in decisions regarding identification, evaluation and 
educational placement of handicapped children including, but 
not limited to (A) (i) prior notice to parents or guardians of the 
child when the local or State educational agency proposes to 
change the educational placement of the child, (ii) an opportu-
nity for the parents or guardians to obtain an impartial due 
process hearing, examine all relevant records with respect to the 
classification or educational placement of the child, and obtain an 
independent educational evaluation of the child, (iii) procedures 
to protect the rights of the child when the parents or guardians 
are not known, unavailable, or the child is a ward of the State 
including the assignment of an individual (not to be an employee 
of the State or local educational agency involved in the education 
or care of children) to act as a surrogate for the parents or guard-
ians, and (iv) provision to insure that the decisions rendered in 
the impartial due process hearing required by this paragraph shall 
be binding on all parties subject only to appropriate administra-
tive or judicial appeal; and (B) procedures to insure that, to the 
maximum extent appropriate, handicapped children, including 
children in public or private institutions or other care facilities, 
are educated with children who are not handicapped, and that 
special classes, separate schooling, or other removal of handi-
capped children from the regular education environment occurs 
only when the nature or severity of the handicap is such that 
education in regular classes with the use of supplementary aids 
and services cannot be achieved satisfactorily; and (C) proce-
dures to insure the testing and evaluation materials and proce-
dures utilized for the purposes of classification and placement of 
handicapped children will be selected and administered so as not 
to be racially or culturally discriminatory.". 
Ante, p. 580. 
(^^ (j) Sectiou 611(a) of the Education of the Handicapped Act 
is amended by inserting before the period the following: "in order to 
provide full educational opportunity to air handicapped children". 
(2) Subsection (b) of section 6li of the Education of the Handi-
capped Act is amended to read as follows: 
"(b) For the purpose of making grants under this part, there are 
authorized to be appropriated $100,000,000 for the fiscal year ending 
June 30, 1976, and $110,000,000 for the fiscal year ending June 30, 
1977.". 
Effective date. 
^3^ ^j^g amendment made by subsection (e) shall become effective 
note. 
and shall be deemed to have been enacted on July 1,1975. 
20USC1412. 
(f)(1) Section 612(a) (1) (B) of such Act is amended by striking 
out "1973" and inserting in lieu thereof "1977". 
Effective date. 
^2) The amendment made by this subsection shall be effective on 
and after July 1,1973. 
20 use 1412 
note. 
ADDITIONAL STATE PLAN REQUIREMENT 
Effective date. 
gj,c, 615. (a) (1) Effective on and after July 1, 1975, section 612(a) 
20 use 1412 
(2) of the Education of the Handicapped Act is amended by striking 
out "$200,000" and inserting in lieu thereof "$300,000". 
and note 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
583 
(2) Effective on and after July 1, 1975, section 612(a) of such Act 
^olVcU^T' 
is amended by inserting at the end thereof the following new para- and note. 
graph: 
" (3) No State shall, in any fiscal year, be required to expend amounts 
allotted pursuant to this section to carry out the provisions of para-
graph (1) of section 613(b) unless that State receives an amount 
20 use 1413. 
greater than the amount allotted to that State for the fiscal year end-
ing June 30,1973.". 
(b) Section 613(a)(1) of such Act is amended by striking out 
"$100,000" and inserting in lieu thereof "$200,000". 
(c) (1) Section 613 of such Act is amended by redesignating subsec-
tions (b), (c), and (d) of such section, and all references thereto, as 
subsections (c), (d), and (e), respectively, and by inserting after sub-
section (a) the following: 
"(b) (1) Any State which desires to receive a grant under this part 
for any fiscal year beginning after June 30, 1975, shall submit to the 
Commissioner for approval not later than one year after the enactment 
of the Education of the Handicapped Amendments of 1974, through 
^"'e» P- 579. 
its State educational agency an amendment to the State plan required 
under subsection (a), setting forth in detail the policies and proce-
dures which the State will undertake in order to assure t h a t ^ 
"(A) all children residing in the State who are handicapped 
regardless of the severity of their handicap and who are in need of 
special education and related services are identified, located, and 
evaluated, including a practical method of determining which 
children are currently receiving needed special education and 
related services and which children are not currently receiving . 
needed special education and related services; 
"(B) policies and procedures will be established in accordance 
with detailed criteria prescribed by the Commissioner to protect 
the confidentiality of such data and information by the State; 
"(C) there is established (i) a goal of providing full educa-
tional opportunities to all handicapped children, (ii) a detailed 
timetable for accomplishing such a goal, and (iii) a description of 
the kind and number of facilities, personnel, and services neces-
sary throughout the State to meet such a goal; and 
"(D) the amendment submitted by the State pursuant to this 
subsection shall be available to parents and other members of the 
general public at least thirty days prior to the date of submission 
of the amendment to the Commissioner. 
For the purpose of this part, any amendment to the State plan re-
quired by this subsection and approved by the Commissioner shall be 
considered, after June 30,1975, as a required portion of the State plan. 
"(2) The requirement of paragraph (1) of this subsection shall not 
be effective with respect to any fiscal year in which the aggregate of the 
amounts allotted to the States for this part for that fiscal year is less 
than $45,000,000.". 
(2) Section 613(e) (1) of such Act (as redesignated by this section) 
is amended by striking out "subsection (c)" and inserting in lieu 
thereof "subsection (d)". 
(d) The amendment made by subsections (a)(1) and (b) of this 
section shall be effective in any fiscal year for which the aggregate of 
the amounts allotted to the States for that fiscal year for carrying out 
part B of the Education of the Handicapped Act is $45,000,000 or 
20 use 14n 
more. 
Effective date. 
20 u s e 1412 
note. 
584 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
REGIONAL EDUCATION PROGRAMS FOR DEAF AND OTHER HANDICAPPED 
PERSONS 
SEC. 616. Part C of the Education of the Handicapped Act is 
1426^^^ ^^^^' 
amended by redesignating sections 625 and 626 thereof as sections 
626 and 627, respectively, and by inserting a new section as follows: 
"REGIONAL EDUCATION PROGRAMS 
20 
use 1424a. 
"Handicapped 
persons." 
20 
use 1426. 
20 
use 1436. 
"SEC. 625. (a) The Commissioner is authorized to make grants to or 
contracts with institutions of higher education, including junior and 
community colleges, vocational and technical institutions, and other 
appropriate nonprofit educational agencies for the development and 
operation of specially designed or modified programs of vocational, 
technical, postsecondary, or adult education for deaf or other handi-
capped persons. 
"(b) In making grants or contracts authorized by this section the 
Commissioner shall give priority consideration to— 
"(1) programs serving multistate regions or large population 
centers; 
"(2) programs adapting existing programs of vocational, tech-
nical, postsecondary, or adult education to the special needs of 
handicapped persons; and 
"(3) programs designed to serve areas where a need for such 
services is clearly demonstrated. 
"(c) For purposes of this section, the term 'handicapped persons' 
means persons who are mentally retarded, hard of hearing, deai, speech 
impaired, visually handicapped, emotionally disturbed, crippled, or in 
other ways health impaired and by reason thereof require special edu-
cation programming and related services.". 
CENTERS AND SERVICES 
SEC. 617. Section 627 of the Education of the Handicapped Act (as 
redesignated by section 616) is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
"SEC. 627. There are authorized to be appropriated to carry out the 
provisions of section 621, $12,500,000 for the fiscal year ending June 30, 
1975, $18,000,000 for the fiscal year ending June 30, 1976, and 
$19,000,000 for the fiscal year ending June 30, 1977. There are author-
ized to be appropriated to carry out the provisions of section 622, 
$15,000,000 for the fiscal year ending June 30,1975, $20,000,000 for the 
fiscal year ending June 30, 1976, and for the succeeding fiscal year. 
There are authorized to be appropriated to carry out the provisions of 
section 623, $25,500,000 for the fiscal year ending June 30, 1975, 
$36,000,000 for the fiscal year ending June 30, 1976, and $38,000,000 
for the fiscal year ending June 30, 1977. There are authorized to be 
appropriated to carry out the provisions of section 625, $1,000,000 for 
the fiscal year ending June 30,1975, and such sums as may be necessary 
for each of the two succeeding fiscal years.". 
PERSONNEL TRAINING 
SEC. 618. Section 636 of the Education of the Handicapped Act is 
amended to read as follows: 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
585 
ii AUTHORIZATION OF APPROPRIATIONS 
"SEC. 636. There are authorized to be appropriated for carrying out 
the provisions of this part (other than section 633) $45,000,000 for 
the fiscal year ending June 30, 1975, $52,000,000 for the fiscal year 
ending June 30, 1976, and $54,000,000 for the fiscal year ending June 
30,1977. There are authorized to be appropriated to carry out the pro-
visions of section 633, $500,000 for each of the fiscal years ending 
June 30, 1975, and June 30, 1976, and $1,000,000 for the fiscal year 
ending June 30,1977.". 
RESEARCH 
SEC. 619. Section 644 of the Education of the Handicapped Act is 
amended to read as follows: 
20 use 1444. 
(( 
AUTHORIZATION OF APPROPRIATIONS 
"SEC. 644. For the purpose of carrying out this part, there are 
authorized to be appropriated $15,000,000 for the fiscal year ending 
June 30, 1975, $20,000,000 for each of the fiscal years ending June 30, 
1976, and June 30,1977." 
INSTRUCTIONAL MEDIA 
20 use 1452. 
SEC. 620. (1) Sections 652(b) (3), 652(b) (4), and 652(b) (5) of the 
Education of the Handicapped Act are each amended by inserting ", 
by grant and contract," after "provide". 
(2) Section 654 of such Act is amended to read as follows: 
20 use 1454. 
AUTHORIZATION OP APPROPRIATIONS 
"SEC. 654. For the purposes of carrying out this part there are hereby 
authorized to be appropriated not to exceed $18,000,000 for the fiscal 
year ending June 30, 1975, and $22,000,000 for the fiscal year ending 
June 30, 1976, and for each succeeding fiscal year thereafter." 
sPKCiP^c L E A R N I N G 
D I S A B I L I T I E S 
SEC. 621. Section 661 (c) of the Education of the Handicapped Act is 
20 use i46i. 
amended to read as follows: 
"(c) For the purpose of making grants and contracts under this 
section there are authorized to be appropriated $10,000,000 for the 
fiscal year ending June 30, 1975, $20,000,000 for each of the fiscal 
years ending June 30, 1976, and June 30, 1977." 
PART C—INDIAN EDUCATION 
E X T E N S I O N 
O F 
PROGRAMS 
FOR 
T H E 
E D U C A T I O N 
O F INDIAN 
CHILDREN 
SEC. 631. (a) Section 810(g) of the Elementary and Secondary 
Education Act of 1965 is amended by striking out "two succeeding 
20 use 887c. 
fiscal years" and inserting in lieu thereof "succeeding fiscal years end-
ing prior to July 1,1978". 
(b) Section 303(a)(1) of the Act of September 30, 1950 (Public 
Law 874, Eighty-first Congress), as added by the Indian Education 
2° "^^ 2'*^^*'-
Act, is amended by striking out "July 1, 1975" and inserting in lieu 
thereof "July 1,1978,". 
(c) The amendments made by this section shall be effective on and 
Effective date. 
after July 1,1973. 
20 use ssvc 
•' 
' 
n o t e . 
586 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
20 u s e 887c. 
20 u s e 241bb. 
20 u s e 821 
note. 
REVISION OF P]10GRAMS RELATING TO INDIAN EDUCATION 
SEC. 632. (a) Section 810(f) of the Elementary and Secondary-
Education Act of 1965 is amended by inserting after the third sen-
tence the following new sentence: "The Commissioner shall not 
approve an application for a grant under subsection (b), (c), or (d) 
unless he is satisfied that such an application, to the extent consistent 
with the number of eligible children in the area to be served who 
are enrolled in private nonprofit elementary and secondary schools 
whose needs are of the type which the program is intended to meet, 
makes provision for the participation of such children on an equitable 
basis.". 
(b) Section 303(b) of the Act of September 30, 1950 (Public Law 
874, Eighty-first Congress), is amended by striking out "5 per centum" 
and inserting in lieu thereof "10 per centum". 
(c) Part B of the Indian Education Act is amended by adding at 
the end thereof the following new sections: 
20 u s e 887C-1. 
20 u s e 887c-2. 
"SPECIAL EDUCATIONAL TRAINING PROGRAMS FOR TEACHERS OF 
INDIAN 
CHILDREN 
"SEC. 422. (a) The Commissioner is authorized to make grants to 
and enter into contracts with institutions of higher education, Indian 
organizations, and Indian tribes for the purpose of preparing indi-
viduals for teaching or administering special programs and projects 
designed to meet the special educational needs of Indian children and 
to provide in-service training for persons teaching in such programs. 
Priority shall be given to Indian institutions and organizations. In 
carrying out his responsibilities under this section, the Commissioner 
is authorized to award fellowships and traineeships to individuals and 
to make grants to and to enter into contracts with institutions of higher 
education, Indian organizations, and Indian tribes for cost of educa-
tion allowances. In awarding fellowships and traineeships under this 
section, the Commissioner shall give preference to Indians. 
"(b) In the case of traineeships and fellowships, the Commissioner 
is authorized to grant stipends to, and allowances for dependents of, 
persons receiving traineeships and fellowships. 
"(c) There is authorized to be appropriated $2,000,000 ior the fiscal 
year ending June 30, 1975, and for each of the three succeeding fiscal 
years to carry out the provisions of this section. 
(( 
FELLOWSHIPS FOR INDIAN 
STUDENTS 
"SEC. 423. (a) During the fiscal year ending June 30,1975, and each 
of the three succeeding fiscal years, the Commissioner is authorized to 
aAvard not to exceed two himdrcd fellowships to be used for study in 
graduate and professional programs at institutions of higher educa-
tion. Such fellowships shall be awarded to Indian students in order to 
enable them to pursue a course of study of not less than three, nor more 
than foui', academic years leading toward a professional or .fjraduate 
degree in engineering, medicine, law, business, forestry and related 
fields. In addition to the fellowships authorized to be awarded in the 
first sentence of this subsection, the Commissioner is authorized to 
award a number of fellowships equal to the number previously 
awarded during any fiscal year under this subsection but vacated prior 
to the end of the period during Avhich they were awarded, except that 
each fellowship so awarded shall be only for a period of study not in 
excess of the remainder of the period of time for which the fellowship 
it replaces was awarded, as the Commissioner may determine. 
Effective date. 
20 use 887c 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
587 
"(b) The Commissioner shall pay to persons awarded fellowships 
under this subsection such stipends (including such allowances for 
subsistence of such persons and their dependents) as he may determine 
to be consistent with prevailing practices under comparable federally 
supported programs. 
"(c) The Commissioner shall pay to the institution of higher educa-
tion at which the holder of a fellowship under this subsection is pur-
suing a course of study, in lieu of tuition charged such holder, such 
amounts as the Commissioner may determine to cover the cost of edu-
cation for the holder of such a fellowship.". 
(d) The amendments made by this section shall be effective on and 
after July 1,1974. 
note 
PART D—EMERGENCY SC'HGOL AID 
EXTENSION OF THE EMERGENCY SCHOOL AID ACT 
SEC. 641. (a) Section 704(a) of the Emergency School Aid Act 
(title VII of Public Law 92-318) is amended by striking out "for the 
fiscal year ending June 30, 1974" and inserting m lieu thereof "for the 
period ending June 30,1976". 
(b) With respect to the fiscal year ending June 30,1976, the author-
ization level for the Emergency School Aid Act shall, for the purposes 
of section 414 of the General Education Provisions Act, be equal to 
the amount appropriated for the purposes of the Emergency School 
Aid Act for the fiscal year ending June 30, 1976. 
REPEAL OF RESERVATION FOR CERTAIN METROPOLITAN PROJECTS 
SEC. 642. (a) Section 704(b) of the Emergency School Aid Act is 
amended by striking'out paragraph (1) and by striking out "(2)" of 
such section. 
(b) The matter preceding paragraph 1 of section 709(a) of such 
Act is amended to read as follows: "Sums available to the Secretary 
under section 708 for metropolitan area projects shall be available for 
20 use leo: 
the following purposes:". 
20 use 
20 use 
note. 
20 use 
note. 
Ante, p, 
1603. 
1603 
1601 
, 563. 
20 use 1608. 
AMENDMENT WITH RESPECT TO ELIGIBILITY 
20 use 160; 
20 use 1619. 
SEC. 643. (a) Section 706(a) of the Emergency School Aid Act is 
amended (1) by striking out paragraph (3), (2) by striking out the 
period at the end of paragraph (1) (D) and inserting, "; or" and (3) 
by adding at the end of such paragraph (1) the following: 
"(E) which will establish or maintain one or more integrated 
schools as defined in section 720 (7) and which— 
"(i) has a sufficient number of minority group children to 
comprise more than 50 per centum of the number of children 
in attendance at the schools of such agency, and 
"(ii) has agreed to apply for an equal amount of assistance 
under subsection (b)." 
(b) Section 706(b) of such Act is amended by inserting "(1)" after 
"subsection (a)". 
(c) Section 710(c) of such Act is amended by inserting in para- 
20 use 1609. 
graph (2) after "(iii)" the following: "or under section 706(a) (1) 
(E)". In the same paragraph insert "or activity" after "plan" the 
second time it appears. 
(d) Section <20(7) of ifuch Act is amended bv striking "section 
706(a) (3)" and by insertiiig "section 706(a) (1) (E)". 
^"P'^-
588 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
20 use 1607. 
20 use 1605. 
20 use 1603 
note. 
20 use 441. 
Ante, p. 542. 
Effective date 
20 use 441 
SPECIAL PROJECTS FOR THE TEACHING OF MATHEMATICS 
SEC. 644. Section 708(a) of such Act is amended by adding at the 
end thereof the following new paragraph: 
"(3) The Assistant Secretary is authorized to make grants to, and 
contracts with, one or more private, nonprofit agencies, institutions, or 
organizations, for the conduct, in cooperation with one or more local 
educational agencies, of special programs for the teaching of standard 
mathematics to children eligible for services under this Act through 
instruction in advanced mathematics by qualified instructors with 
bachelor degrees in mathematics, or the mathematical sciences from 
colleges or other institutions of higher education, or equivalent 
experience." 
AMENDMENT RELATING TO NONPROFIT GROUPS 
SEC. 645. Section 708(b) of the Elementary School Aid Act is 
amended by striking out ''706 (a)" both times it appears in such section 
and inserting in lieu thereof "706" in each instance. 
EFFECTIVE DATE 
SEC 646. The amendments made by and the provisions of this part 
shall be effective on and after July 1,1974, and with respect to appro-
priations for fiscal years beginning on and after such date except that 
the provisions of section 641(b) shall be effective only with respect to 
fiscal year 1977. 
PART E—NATIONAL DEFENSE EDUCATION ACT 
EXTENSION OF TITLE III 
SEC 651. (a) Section 301 of the National Defense Education Act of 
1958 is amended by striking out "1975" both times it appears and 
inserting "1977" in lieu thereof, by striking out "for the fiscal year 
ending" after "$130,500,000" in the first sentence, and by inserting in 
lieu thereof "for each of the fiscal years ending prior to", and by add-
ing at the end thereof the following new sentence: "Notwithstanding 
the preceding two sentences, no funds are authorized to be appropri-
ated for obligation during any year for which funds are available for 
obligation for carrying out part B of title IV of the Elementary and 
Secondary Education Act of 1965." 
(b) The amendment made by this section shall be effective on and 
note. 
after July 1,1974. 
20 use 1901. 
TITLE VII—NATIONAL READING IMPROVEMENT 
PROGRAM 
STATEMENT or 
PURPOSE 
SEC 701. It is the purpose of this title— 
(1) to provide financial assistance to encourage State and local 
educational agencies to undertake projects to strengthen reading 
instruction programs in elementary grades; 
(2) to provide financial assistance for the development and 
enhancement of necessary skills of instructional and other educa-
tional staff for reading programs; 
(3) to develop a means by which measurable objectives for read-
ing programs can be established and progress toward such objec-
tives assessed; 
reading program 
requirements. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21. 1974 
589 
(4) to develop the capacity of preelementary school children 
for reading, and to establish and improve preelementary school 
programs in language arts and reading; and 
(5) to provide financial assistance to promote literacy among 
youth and adults. 
PART A—READING IMPROVEMENT PROJECTS 
PROJECTS A U T H O R I Z E D 
SEC. 705. (a)(1) The Commissioner is authorized to enter into 
20 use 1921. 
agreements with either State educational agencies or local educational 
agencies, or both, for the carrying out by such agencies, in schools 
having large numbers or a high percentage of children with reading 
deficiencies, of projects involving the use of innovative methods, sys-
tems, materials, or programs which show promise of overcoming such 
reading deficiencies. 
(2) The Commissioner is further authorized to enter into agree-
ments with State educational agencies, local educational agencies, or 
with nonprofit educational or child care institutions for the carrying 
out by such agencies and institutions, in areas where such schools are 
located, of such projects for preelementary school children. Such proj-
ects are to be instituted in kindergartens, nursery schools, or other pre-
school institutions. 
(b) No agreement may be entered into under this part, unless upon 
Applications, 
an application made to the Commissioner at such time, in such man-
ner, and including or accompanied by such information as he may 
reasonably require. Each such application shall set forth a reading 
program which provides for— 
(1) diagnostic testing designed to identify preelementary and 
elementary school children with readitig deficiencies, including 
the identification of conditions which, without appropriate other 
treatment, can be expected to impede or prevent children from 
learning to read; 
(2) planning for and establishing comprehensive reading 
programs; 
(3) reading instruction for elementary school pupils whose 
reading achievement is less than that which would normally be 
expected for pupils of comparable ages and in comparable grades 
of school; 
(4) preservice training programs for teaching personnel includ-
ing teacher-aides and other ancillary educational personnel, and 
in-service training and development programs, where feasible, 
designed to enable such personnel to improve their ability to teach 
students to read; 
(5) participation of the school faculty, school board members, 
administration, parents, and students in reading-related activities 
which stimulate an interest in reading and are conducive to the 
improvement of reading skills; 
(6) parent participation in development and implementation of 
the program for which assistance is sought ; 
(7) local educational agency school board participation in the 
development of programs; 
(8) periodic testing in programs for elementary school children 
on a sufficiently frequent basis to measure accurately reading 
achievement, and for programs for preelementary school chil-
dren a test of reading proficiency at the conclusion, minimally, of 
the first-grade program into which the nursery and kindergarten 
programs are integrated; 
590 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
(9) publication of test results on reading achievement by grade 
level, and where appropriate, by school, without identification of 
achievement of individual children; 
(10) availability of test results on reading achievement on an 
individual basis to parents or guardians of any child being so 
tested; 
(11) participation on an equitable basis by children enrolled in 
nonprofit private elementary schools in the area to be served 
(after consultation with the appropriate private school officials) 
to an extent consistent with the number of such children whose 
educational needs are of the kind the program is intended to meet; 
(12) the use of bilingual education methods and techniques to 
the extent consistent with the number of elementary school-age 
children in the area served by a reading program who are of 
limited English-speaking ability; 
(13) appropriate involvement of leaders of the cultural and 
educational resources of the area to be served, including insti-
tutions of higher education, nonprofit private schools, public and 
private nonprofit agencies such as libraries, museums, educational 
radio and television, and other cultural and education resources of 
the community; and 
(14) assessment, evaluation, and collection of information on 
individual children by teachers during each year of the pre-
elementary program, to be made available for teachers in the 
subsequent year, in order that continuity for the individual child 
not be lost. 
Additional 
^g^ Each such applicant, in addition to meeting the requirements 
requiremen s. 
^^ subscctlon (b), shall provlde assurances that— 
(1) appropriate measures have been taken by the agency to 
analyze the reasons why elementary school children are not read-
ing at the appropriate grade level; 
(2) the agency will develop a plan setting forth specific objec-
tives which shall include the goals of having the children in 
project schools reading at the appropriate grade level at the 
end of grade three; and 
(3) whenever appropriate, sufficient measures will be taken to 
coordinate each preelementary reading program with the reading 
program of the educational agencies or institutions which such 
preelementary school children will be next in attendance. 
(d) No grant may be made under this part unless the application 
for such grant provides assurances that the provisions of this subsec-
cou*niiis^ on'^°'^ 
^^^^ ^^® ^^^- ^^^^ State cducatlonal agency shall— 
re°aduig! °" 
(1) estabUsh an advisory council on reading appointed by such 
agency which shall be broadly representative of the education 
resources of the State and of the general public, including per-
sons representative of— 
(A) public and private nonprofit elementary and second 
ary schools, 
(B) institutions of higher education, 
(C) parents of elementary and secondary school children, 
and 
(D) areas of professional competence relating to instruc-
tion in reading, and 
(2) authorize the advisory council established under clause (1) 
to receive and designate priorities among applications for grants 
under this section in that State, 
if— 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
591 
(i) that State educational agency desires to receive a grant 
under this part, or 
(ii) any local educational agency of that State desires to receive 
a grant under this part, and notifies the State educational agency 
concerned, or 
(iii) in the case of a preelementary school program any non-
profit educational agency or child care institution in that State 
desires to receive a grant under this part, and notifies the State 
educational agency concerned. 
(e) No agreement may be entered into under this part unless the ^ Application 
application submitted to the Commissioner— 
(1) has first been approved by the State educational agency, 
and 
(2) is accompanied by assurances that such agency will super-
vise compliance by the local educational agency in that State with 
the requirements set forth in subsection (b) of this section. 
(f) The Commissioner may approve any application submitted 
under this part which meets the requirements of subsections (b), (c), 
(d), and (e). In approving such applications, the Commissioner may 
not use any panel (other than employees of the Office of Education) 
for the purpose of such approval. 
(g) In approving applications under this part the Commissioner 
shall, to the maximum extent feasible, assure an equitable distribution 
of funds throughout the United States and among urban and rural 
areas. Not more than 121^ percent of the funds expended under this 
part in any fiscal year may be expended in any State in that year. 
PART B—STATE READING IMPROVEMENT PROGRAMS 
STATEMENT or 
PURPOSE 
SEC. 711. It is the purpose of this part to provide financial assistance 
^o use i94i. 
to the States to enable them-— 
(1) to provide financial assistance for projects designed to 
facilitate reaching the objectives of this title; 
(2) to develop comprehensive programs to improve reading 
proficiency and instruction in reading in the elementary schools 
of the State; 
(3) to provide State leadership in the planning, improving, 
execution, and evaluation of reading programs in elementary 
schools; and 
(4) to arrange for and assist in the training of special reading 
personnel and specialists needed in programs assisted under this 
title. 
APPIilGABILITY AND EFFECTIVE DATE 
Equitable dis" 
tribution of funds. 
SEC. 712. (a) The provisions of this part shall become effective only 
in any fiscal year in which appropriations made pursuant to section 
732(a) exceed $30,000,000 and then only with respect to the amount of 
such excess. 
(b) The provisions of this part shall be effective on and after the 
begining of fiscal year 1976. 
ALLOTMENTS TO STATES 
SEC. 713. (a) (1) From the sums appropriated pursuant to section 
732(a) for each fiscal year which are available for carrying out 
this part, the Commissioner shall reserve such amount, but not in 
excess of 1 per centum of such sums, as he may determine, and shall 
20 u s e 1942. 
Post, p. 596. 
20 u s e 1943. 
592 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
apportion such amount to Guam, American Samoa, the Virgin Islands, 
and the Trust Territory of the Pacific Islands according to their 
respective needs for assistance under this title. Of the remainder of 
such sums, he shall allot an amount to each State which bears the same 
ratio to the amount available for allotment as the number of school 
age children (aged 5 to 12, inclusive) in each such State bears to 
the total number of such children in all the States, as determined 
by the Commissioner on the basis of the most recent satisfactory 
data available to him. The allotment of a State which would be 
less than $50,000 under the preceding sentence shall be increased 
to $50,000, and the total of the increases thereby required shall 
be derived by proportionately reducing the allotments to the remain-
ing States under the preceding sentence, but with such adjustments as 
may be necessary to prevent the allotments to any such remaining 
States from being reduced to less than $50,000. 
"State." 
(2) For the purpose of this section the term "State" includes the 
District of Columbia and the Commonwealth of Puerto Eico. 
ReaUotment. 
(I3) xiie amouut allotted to any State under subsection (a) for any 
fiscal year which the Commissioner determines will not be required 
for that year shall be available for reallotment from time to time, 
on such dates during that year as the Commissioner may fix, to other 
States in proportion to the amounts originally allotted among those 
States under subsection (a) for that year, but with the proportionate 
amount for any of the other States being reduced to the extent it 
exceeds the sum the Commissioner estimates the local educational 
agencies of such State need and will be able to use for that year; 
and the total of these reductions shall be similarly reallotted among 
the States whose proportionate amounts were not so reduced. Any 
amount reallotted to a State under this subsection from funds appro-
Post, p. 596. 
priated pursuant to section 732 for any fiscal year shall be deemed 
part of the amount allotted to it under subsection (a) for that year. 
20 u s e 1944. 
AGREEMENTS W I T H 
STATE EDUCATIONAL 
AGENCIES 
SEC. 714. (a) Any State which desires to receive grants under this 
part shall, through its State educational agency, enter into an agree-
ment with the Commissioner, in such detail as the Commissioner deems 
necessary, which— 
(1) designates the State educational agency as the sole agency 
for administration of the agreement; 
(2) provides for the establishment of a State advisory council 
on reading, appointed by the State educational agency, which 
shall be broadly representative of the educational resources of the 
State and of the general public, including persons representative 
of— 
(A) public and private nonprofit elementary school chil-
dren, and 
(B) institutions of higher education, 
(C) parents of elementary school children, and 
(D) areas of professional competence relating to instruc-
tion in reading, 
to advise the State educational agency on the formulation of a 
standard of excellence for reading programs in the elementary 
schools and on the preparation of, and policy matters arising in 
the administration of, the agreement (including the criteria for 
approval of applications for assistance under such aflcreemeijt) and 
in the evaluation of results of the program carried out pursuant 
to the agreement; 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
593 
(3) describes the reading programs in elementary schools for 
which assistance is sought under this part and procedures for 
giving priority to reading programs which are already receiving 
Federal financial assistance and show reasonable promise of 
achieving success; 
(4) sets forth procedures for the submission of applications by 
local educational agencies within that State, including procedures 
for an adequate description of the reading programs for which 
assistance is sought under this part; 
(5) sets forth criteria for achieving an equitable distribution 
of that part of the assistance under this part which is made avail-
able to local educational agencies pursuant to the second sentence 
of subsection (b) of this section, which criteria shall— 
(A) take into account the size of the population to be 
served, beginning with preschool, the relative needs of pupils 
in different population groups within the State for the pro-
gram authorized by this title, and the financial ability of the 
local educational agency serving such pupils, 
(B) assure that such distribution shall include grants to 
local educational agencies having high concentrations of chil-
dren with low reading proficiency, and 
(C) assure an equitable distribution of funds among urban 
and rural areas; 
(6) sets forth criteria for the selection or designation and train-
ing of personnel (such as reading specialists and administrators 
of reading programs) engaged in programs assisted under this 
part, including training for private elementary school personnel, 
which shall include qualifications acceptable for such personnel; 
(7) provides for the coordination and evaluation of programs 
assisted under this part; 
(8) provides for technical assistance and support services for 
local educational agencies participating in the program ; 
(9) makes provision for the dissemination to the educational 
. . ^ 
community and the general public of information about the ob-
jectives of the program and results achieved in the course of its 
implementation; 
(10) provides for making an annual report and such other „ ^^P°'"*^ *° 
, 
• 
1 
(• 
1 
J 
• • 
1 
• 
n 
• 
1 
Commissioner. 
reports, m such form and containing such information, as the 
Commissioner may reasonably require to evaluate the effective-
ness of the program and to carry out his other functions under 
this title; 
(11) provides that not more than 5 per centum of the amount 
allotted to the State under section 713 for any fiscal year may be 
^"'^' p- ssi. 
retained by the State educational agency for purposes of admin-
istering the agreement; and 
(12) provides that programs assisted under this part shall be 
of sufficient size, scope, and quality so as to give reasonable promise 
of substantial progress toward achieving the purposes of this title. 
(b) Grants for projects to carry out the purposes of this part 
may be made to local educational agencies (subject to the provision 
of subsection (e) relating to the participation of private elementary 
and secondary school pupils), institutions of higher education, and 
other public and nonprofit private agencies and institutions. Not less 
than 60 per centum of the amount allotted to a State under section 
713 for any fiscal year shall be made available by the State for grants 
to local educational agencies within that State. 
20 use 827. 
Ante, p, 497, 
594 
PUBUC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
(c) The Commissioner shall enter into an agreement which complies 
with the provisions of subsection (a) with any State which desires 
to enter into such an agreement. 
(d) The Commissioner's final action with respect to entering into 
an agreement under subsection (a) shall be subject to the provisions 
of section 207 of the Elementary and Secondary Education Act of 
1965, relating to judicial review. 
(e) The provisions of section 141A of the Elementary and Second-
ary Education Act of 1965 relating to the participation of children 
enrolled in private elementary and secondary schools shall apply to 
programs assisted under this part. 
PART C—OTHER READING IMPROVEMENT PROGRAMS 
SPECIAL EMPHASIS PROJECTS 
au^hTrity? 
SEC. T21. (a) The Commissioner is authorized to contract with local 
20 use'1961. 
educational agencies for special emphasis projects to determine the 
effectiveness of intensive instruction by reading specialists and read-
ing teachers. Each such project should provide for— 
(1) the teaching of reading by a reading specialist for all 
children in the first and second grades of an elementary school 
and the teaching of reading by a reading specialist for elementary 
school cliildren in grades three through six who have reading 
problems; and 
(2) an intensive vacation reading program for elementary 
school children who are found to be reading below the appropriate 
grade level or who are experiencing problems in learning to read. 
(b) No contract may be entered into under this section unless upon 
an application made to the Commissioner at such time, in such man-
ner, and including or accompanied by such information as he may 
reasonably require. Each such application shall provide assurances 
that— 
Ante. p. 589. 
^ ]^^ ^}jg provisious of scctiou 705 (b) are met; and 
(2) the State educational agency has certified that individuals 
employed as reading specialists and reading teachers meet the 
requirements of subsections (e) and (f). 
(c) No contract may be entered into under this section unless the 
project has been approved by the State educational agency. 
(d) The Commissioner is authorized to enter into at least one 
arrangement with a local educational agency for a districtwide project 
conducted in all schools of such agencies. In selecting the districtwide 
project, the Commissioner shall give priority to an application from a 
local educational agency if the Commissioner finds that— 
(1) the local educational agency will give credit for any 
course to be developed for reading teachers or reading special-
Post. p. 595. 
.g^g under section 722 and will^ encourage participation by the 
teachers of such agency in the training; 
(2) the local public educational television station will present 
or distribute, in the event supplementary noncommercial tele-
communication is utilized, any course to be developed under sec-
tion 722 at an hour convenient for the viewing by elementary 
school teachers, and, if possible, at a time convenient for such 
teachers to take the course, as a group, at the elementary school 
where they teach; and 
(3) the local educational agency will make arrangements with 
the appropriate officials of institutions of higher education to 
obtain academic credit for the completion of such a course. 
Districtwide 
project. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
595 
(e) In anj project assisted under this section a reading teacher may 
be used in lieu of a reading specialist, if the Commissioner finds that 
the local educational agency participating in a reading emphasis proj-
ect is unable to secure individuals who meet the requirements of a 
reading specialist and if such reading teacher is enrolled or will 
enroll in a program to become a reading specialist, A regular elemen-
tary teacher may be used in lieu of a reading teacher if the Commis-
sioner finds that the local educational agency participating in a reading 
emphasis project is unable to secure individuals who meet the require-
ments of the reading teacher, and if such regular elementary teacher is 
enrolled or will enroll in a program to become a reading teacher. 
(f) For the purpose of this section and section 722 the term— 
«"RTa'ding 
(1) "reading specialist" means an individual who has a master's specialist." 
degree, with a major or specialty in reading, from an accredited 
institution of higher education and has successfully completed 
three years of teaching experience, which includes reading instruc-
tion, and 
(2) "reading teacher" means an individual, with a bachelor's , "heading 
-I 
1 
1 
/• n 
1 
• • 
P
I 
teacher. 
degree, who has successfully completed a minimum oi twelve 
credit hours, or its equivalent, in courses of the teaching of read-
ing at an accredited institution of higher education, and has suc-
cessfully completed two years of teaching experience, which 
includes reading instruction. 
READING TRAINING ON PUBLIC 
TELEVISION 
20 u s e 1962. 
SEC. 722. (a) The Commissioner is authorized, through grants or 
contracts, to enter into contractual arrangements with institutions of 
higher education, public or private agencies or organizations, and 
individuals for— 
(1) the preparation, production, evaluation, and distribution 
for use on public educational television stations of courses for ele-
mentary school teachers who are or intend to become reading 
teachers or reading specialists; and 
(2) the preparation and distribution of informational and 
study course material to be used in conjunction with any such 
course.. 
(b) In carrying out the provisions of this section the Commissioner 
consultation 
shall consult with recognized authorities in the field of reading, spe- "
^
^ specia 
cialists in the use of the communications media for educational pur-
poses, and with the State and local educational agencies participating 
in projects under this title. 
READING ACADEMIES 
SEC. 723. (a) The Commissioner is authorized to make grants to 
20 use 1963. 
and to enter into contracts with State and local educational agencies, 
institutions of higher education, community organizations and other 
nonprofit organizations, having the capacity to furnish reading assist-
ance and instruction to youths and adults who do not otherwise 
receive such assistance and instruction. 
(b) Grants made and contracts entered into under this section shall 
contain provisions to assure that such reading assistance and instruc-
tion will be provided in appropriate facilities to be known as "reading 
academies". 
596 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
PART D—GENERAL 
PROVISIONS 
EVALUATION 
Report t°^con- 
gj,^,^ ^31. (a) The Commissioner shall submit an evaluation report 
mTttees?^ """" 
to the Committee on Labor and Public Welfare of the Senate and the 
20 use 1981. 
Committee on Education and Labor of the House of Representatives 
not later than March 31, in each fiscal year ending prior to fiscal year 
Contents. 
1979. Each such rcport shall— 
(1) contain a statement of specific and detailed objectives for 
the program assisted under the provisions of this title; 
(2) include a statement of the effectiveness of the program in 
meeting the stated objectives, measured through the end of the 
preceding fiscal year; 
(3) make recommendations with respect to any changes or ad-
ditional legislation deemed necessary or desirable in carrying out 
the program; 
(4) contain a list identifying the principal analyses and studies 
supporting the major conclusions and recommendations contained 
in the report; and 
(5) contain an annual evaluation plan for the program through 
the ensuing fiscal year for which the budget was transmitted to 
Congress by the President, in accordance with section 201(a) of 
^ ^ "^^ ^ ^ • 
the Budget and Accounting Act, 1921. 
(b) From the sums appropriated pursuant to section 732 for any 
fiscal year, the Commissioner may reserve such amount, not in excess 
of 1 per centum of such sums, as lie deems necessary for evaluation, by 
the Commissioner or by public or private nonprofit agencies, of pro-
grams assisted under this title. 
20 u s e 1982. 
Ante, pp. 589, 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 732. (a) There are authorized to be appropriated to carry out 
the provisions of parts A and B of this title $30,000,000 for the fiscal 
year ending June 30, 1975, $82,000,000 for the fiscal year ending June 
30, 1976, $88,000,000 for the fiscal year ending June 30, 1977, and 
$93,000,000 for the fiscal year ending June 30,1978. 
(b) There are authorized to be appropriated to carry out the provi-
sions of section 721, relating to special emphasis projects, $15,000,000 
for the fiscal year ending June 30, 1975, $20,000,000 for the fiscal year 
ending June 30,1976, and $25,000,000 for each of the fiscal years ending 
June 30,1977 and 1978. 
(c) There are authorized to be appropriated for the purpose of 
carrying out section 722, relating to reading training on public tele-
vision, $3,000,000 for the fiscal year ending June 30, 1975. Sums 
appropriated pursuant to this subsection shall remain available for 
obligation and expenditure through the succeeding fiscal year. 
(d) There are authorized to be appropriated to carry out the pro-
visions of section 723, relating to reading academies, $5,000,000 for the 
fiscal year ending June 30, 1975, $7,500,000 for the fiscal year ending 
June 30, 1976, and $10,000,000 for each of the fiscal years ending 
June 30,1977 and 1978. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
597 
TITLE VIII—MISCELLANEOUS PROVISIONS 
P A R T A — P O L I C Y 
STATEMENTS AND W H I T E 
H O U S E CoNrERENCE ON 
EDUCATION 
NATIONAL POLICY WITH RESPECT TO EQUAL EDUCATIONAL OPPORTUNITY 
SEC. 801. Recognizing that the Nation's economic, political, and 
social security require a well-educated citizenry, the Congress (1) 
reaffirms, as a matter of high priority, the Nation's goal of equal edu-
cational opportunity, and (2) declares it to be the policy of the United 
States of America that every citizen is entitled to an education to meet 
his or her full potential without financial barriers. 
POLICY WITH RESPECT TO ADVANCE FUNDING OF EDUCATION PROGRAMS 
20 use 1221-1. 
20 use 1223 
note. 
SEC 802. The Congress declares it to be the policy of the United 
States to implement immediately and continually section 411 of the 
General Education Provisions Act, relating to advance funding for 
^"'^' P* ^^2. 
education programs, so as to afford responsible State, local, and Fed-
eral officers adequate notice of available Federal financial assistance 
for education authorized under this and other Acts of Congress. 
POLICY OF THE UNITED STATES WITH RESPECT TO MUSEUMS AS 
EDUCATIONAL INSTITUTIONS 
SEC. 803. The Congress, recognizing— 
^ 
_ 
20 use 1221-2. 
(1) that museums serve as sources for schools in providing 
education for children, 
(2) that museums provide educational services of various kinds 
for educational agencies and institutions and institutions of higher 
education, and 
(3) that the expense of the educational services provided by 
museums is seldom borne by the educational agencies and insti-
tutions taking advantage of the museums' resources, 
declares that it is the sense of the Congress that museums be con-
sidered educational institutions and that the cost of their educational 
services be more frequently borne by educational agencies and institu-
tions benefiting from those services. 
WHITE H O U S E C O N F E R E N C E ON EDUCATION 
SEC. 804. (a) The President is authorized to call and conduct a J^'^^^^^ ^^^^"^ 
White House Conference on Education in 1977 (hereafter in this sec-
tion referred to as the "Conference") in order to stimulate a national 
assessment of the condition, needs, and goals of education and to obtain 
K^PO*^*-
from a group of citizens broadly representative of all aspects of edu-
cation, both public and nonpuolic, a report of findings and recom-
mendations with respect to such assessment. 
(b) (1) In carrying out the provisions of this section, participants 
in conferences and other activities at local, State, and Federal levels 
are authorized to consider all matters relevant to the purposes of the 
Conference set forth in subsection (a), but shall give special considera-
tion to the following: 
(A) The implementation of the policy set forth in section 801. 
(B) The means by which educational systems are financed. 
(C) Preschool education (including child care and nutrition 
programs), with special attention to the needs of disadvantaged 
children. 
38-194 O - 76 - 41 Pt. 1 
598 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
National 
Conference Com-
mittee. 
Establishment; 
membership. 
Report to 
President and 
Congress. 
Travel 
expenses. 
5 u s e 101 et 
seq. 
(D) The adequacy of primary education in providing all chil-
dren with the fundamental skills of communication (reading, 
writing, spelling, and other elements of effective oral and writ-
ten expression) and mathematics. 
(E) The effectiveness of secondary education in preparing stu-
dents for careers, as well as for postsecondary education. 
(F) The place of occupational education (including education 
in proprietary schools) in the educational structure and the role 
of vocational and technical education in assuring that the Nation's 
requirements for skilled manpower are met. 
(G) The structure and needs of postsecondary education, 
including methods of providing adequate levels of student assist-
ance and institutional support. 
(H) The adequacy of education at all levels in meeting the 
special educational needs of such individuals as handicapped per-
sons, economically disadvantaged, racially or culturally isolated 
children, those who need bilingual instruction, and gifted and 
talented children. 
(I) Ways of developing and implementing expanded educa-
tional opportunities for adults at the basic and secondary educa-
tion equivalency levels. 
(J) The contribution of nonpublic primary and secondary edu-
cation in providing alternate educational experiences for pupils 
and a variety of options for parents in guiding their children's 
development. 
(2) Participants in conference activities at the State and local levels 
are authorized to narrow the scope of their deliberations to the 
educational problems which they consider to be most critical in their 
respective areas, but shall be encouraged by the National Conference 
Committee (established pursuant to subsection (c)) to consider such 
problems in the context of the total educational structure. 
(c)(1) There is established a National Conference Committee 
(hereafter in this section referred to as the "Committee"), composed 
of not more than thirty-five members, fifteen of whom shall be 
appointed by the President, ten of whom shall be appointed by the 
President pro tempore of the Senate, and ten of whom shall be 
appointed by the Speaker of the House of Representatives. The Com-
mittee shall at its first meeting select a Chairman and a Vice Chairman. 
(2) (A) The Committee shall provide guidance and planning for 
the Conference and shall make a final report (and such interim reports 
as may be desirable) of the results, findings, and recommendations of 
the Conference to the President and to the Congress not later than 
December 1,1977. 
(B) The Committee is authorized to provide such assistance as may 
be necessary for State and local conference activities in preparation 
for the National Conference. 
(3) The Commissioner shall support the activities of the Commit-
tee by providing technical assistance, advice, and consultation. 
(4) Members of the Committee shall serve without compensation, 
but may receive travel expenses (including per diem in lieu of subsist-
ence) as authorized by section 5703(b) of title 5, United States Code, 
for persons in the Government service employed intermittently, while 
employed in the business of the Committee away from their homes or 
regular places of business. 
(5) The Committee is authorized to appoint, without regard to the 
provisions of title 5, United States Code, governing appointments in 
the competitive service, a Conference Director and such pro-
fessional, technical, and clerical personnel as may be necessary to assist 
in carrying out its functions under this section. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
599 
(d)(1) From the sums appropriated pursuant to subsection (e) 
the Commissioner is authorized to make a grant to each State, upon 
application of the Governor thereof, in order to assist in meeting the 
costs of that State's participation in the Conference program (includ-
ing the conduct of conferences at the State and local levels). 
(2) Grants made pursuant to paragraph (1) shall be made only 
with the approval of the Chairman of the Committee. 
(3) Funds appropriated for the purposes of this subsection shall 
be apportioned among the States by the Commissioner in accordance 
with their respective needs for assistance under this subsection, except 
that no State shall be apportioned more than $75,000 nor less than 
$25,000. 
(e) There are authorized to be appropriated, without fiscal year 
limitations, such sums as may be necessary to carry out the purposes 
of this section; and sums so appropriated shall remain available for 
expenditure until June 30,1978. 
(f) For the purposes of this section, the term "State" includes the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the Virgin Islands, and the Trust Territory of the 
Pacific Islands. 
Grants. 
Apportionment 
of funds. 
Appropriation. 
' S t a t e . " 
PART B—EDUCATIONAL STUDIES AND SURVEYS 
STUDY o r 
PURPOSES AND EFFECTIVENESS OF COMPENSATORY 
EDUCATION 
PROGRAMS 
SEC. 821. (a) In addition to the other authorities, responsibilities 
and duties conferred upon the National Institute of Education (here-
inafter referred to as the "Institute") by section 405 of the General 
Education Provisions Act and notwithstanding the second sentence 
of subsection (b) (1) of such section 405, the Institute shall undertake 
a thorough evaluation and study of compensatory education programs, 
including such programs conducted by States and such programs con-
ducted under title I of the Elementary and Secondary Education Act 
of 1965. Such study shall include— 
(1) an examination of the fundamental purposes of such pro-
grams, and the effectiveness of such programs in attaining such 
purposes; 
(2) an analysis of means to identify accurately the children 
who have the greatest need for such programs, in keeping with 
the fundamental purposes thereof; 
(3) an analysis of the effectiveness of methods and procedures 
for meeting the educational needs of children, including the use 
of individualized written educational plans for children, and 
programs for training the teachers of children; 
(4) an exploration of alternative methods, including the use 
of procedures to assess educational disadvantage, for distributing 
funds under such programs to States, to State educational agen-
cies, and to local educational agencies in an equitable and efficient 
manner, which will accurately reflect current conditions and insure 
that such funds reach the areas of greatest current need and are 
effectively used for such areas; 
(5) not more than 20 experimental programs, which shall be 
reasonably geographically representative, to be administered by 
the Institute, in cases where the Institute determines that such 
experimental programs are necessary to carry out the purposes of 
clauses (1) through (4), and the Commissioner of Education is 
20 u s e 1221e 
note. 
20 u s e 1221e„ 
Ante, p. 488. 
20 u s e 236. 
600 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Ante, p. 488. 
20 u s e 236. 
Information, 
availability. 
Report to 
President and 
Congress. 
Ante, p. 499. 
Study plan, 
submittal to 
Congress. 
authorized, notwithstanding any provision of title I of the Ele-
mentary and Secondary Education Act of 1965, at the request of 
the Institute, to approve the use of grants which educational agen-
cies are eligible to receive under such title I (in cases where the 
agency eligible for such grant agrees to such use) in order to carry 
out such experimental programs; and 
(6) findings and recommendations, including recommendations 
for changes in such title I or for new legislation, with respect to 
the matters studied under clauses (1) through (5). 
(b) The National Advisory Council on the Education of Disad-
vantaged Children shall advise the Institute with respect to the design 
and execution of such study. The Commissioner of Education shall 
obtain and transmit to the Institute such information as it shall 
request with respect to programs carried on under title I of the Act. 
(c) The Institute shall make an interim report to the President 
and to the Congress not later than December 31, 1976, and shall make 
a final report thereto no later than nine months after the date of sub-
mission of such interim report, on the result of its study conducted 
under this section. Any other provision of law, rule, or regulation to 
the contrary notwithstanding, such reports shall not be submitted to 
any review outside of the Institute before their transmittal to the Con-
gress, but the President and the Commissioner of Education may make 
to the Congress such recommendations with respect to the contents of 
the reports as each may deem appropriate. 
(d) Sums made available pursuant to section 151 (i) of the Elemen-
tary and Secondary Education Act of 1965 shall be available to carry 
out the provisions of this section. 
(e) (1) The Institute shall submit to the Congress, within one hun-
dred and twenty days after the date of the enactment of this Act, a 
plan for its study to be conducted under this section. The Institute 
shall have such plan delivered to both Houses on the same day and to 
each House while it is in session. The Institute shall not commence 
such study until the first day after the close of the first period of thirty 
calendar days of continuous session of Congress after the date of the 
delivery of such plan to the Congress. 
(2) For purposes of para^raj)h (1)— 
(A) continuity of session is broken only by an adjournment of 
Congress sine die; and 
(B) the days on which either House is not in session because of 
an adjournment of more than three days to a day certain are ex-
cluded in the computation of the thirty-day period. 
20 u s e 241c 
note. 
Ante, p. 488. 
Report to 
Congress. 
SURVEY AND STUDY FOR UPDATING NUMBER OF CHILDREN COUNTED 
SEC. 822. (a) The Secretary of Commerce shall, in consultation 
with the Secretary of Health, Education, and Welfare, expand the 
current population survey (or make such other survey) in order to 
furnish current data for each State with respect to the total number 
of school-age children in each State to be counted for purposes of sec-
tion 103(c) (1) (A) of title I of the Elementary and Secondary Act of 
1965. Such survey shall be made, and a report of the results of such 
survey shall be made jointly by the Secretary of Commerce and the 
Secretary of Health, Education, and Welfare to the Congress, not 
later than one year after the date of the enactment of this Act. 
(b) The Secretary of Health, Education, and Welfare and the Sec-
retary of Commerce shall study the feasibility of updating the number 
of children counted for purposes of section 103(c) of title I of the Act 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
601 
in school districts of local educational agencies in order to make ad-
justments in the amounts of the grants for which local educational 
agencies within a State are eligible under section 103(a)(2) of the 
Act, and shall report to the Congress, no later than one year after the 
Report^'to^^*" 
date of enactment of this Act, the results of such study, which shall congress. 
include an analysis of alternative methods for making such adjust-
ments, together with the recommendations of the Secretary of Health, 
Education, and Welfare and the Secretary of Commerce with respect 
to which such method or methods are most promising for such purpose, 
together with a study of the results of the expanded population survey, 
authorized in subsection (a) (including analysis of its accuracy and 
the potential utility of data derived therefrom) for making adjust-
ments in the amounts paid to each State under section 144(a) (1) of 
title I of such Act. 
.
.
. 
20 use 24ih. 
(c) No method of making adjustments directed to be considered 
pursuant to subsection (a) or subsection (b) shall be implemented 
unless such method shall first be enacted by the Congress. 
STUDY OF T H E MEASURE OF POVERTY USED UNDER TITLE I OF T H E 
ELEMENTARY AND SECONDARY EDUCATION ACT OF 19 65 
SEC. 823. The Assistant Secretary shall supervise, with the full 
garticipation of the National Institute of Education and the National 
enter for Education Statistics, a thorough study of the manner in 
which the relative measure of poverty for use in the financial assist-
ance program authorized by title I of the Elementary and Secondary 
Education Act of 1965 may be more accurately and currently devel-
oped. The study of the relative measure of poverty required by this 
subsection shall be adjusted for regional, climatic, metropolitan, urban, 
suburban, and rural differences and for family size and head of house-
hold differences. The study required by this section shall consider— 
(A) the availability of data more current than the decennial 
census including data collected by any agency of the Federal Gov-
ernment which are relevant except that data so collected shall not 
disclose the name of any individual or any other information cus-
tomarily held confidential by that agency, but shall include aggre-
gate information to the extent possible; 
(B) the availability and usefulness of cost of living data; 
(C) the availability and usefulness of cost of housing data; 
(D) the availability and usefulness of labor market and job 
availability data; 
(E) the availability and usefulness of data with respect to pre-
vailing wage rates, unemployment rates, and income distribution; 
and 
(F) the availability of data with respect to eligibility criteria 
for aid to families with dependent children under a State plan 
approved under title IV of the Social Security Act. 
'•^ use 6oi. 
(2) The Assistant Secretary is authorized and directed to prepare ^^^Z°[\^° 
and submit to the Congress not later than one year after the effective 
date of this Act a report of the study conducted under this subsection 
including recommendations with respect to the availability of data 
designed to improve the relative measure of poverty for the program 
of financial assistance authorized by title I of the Elementary and 
Secondary Education Act of 1965. Whenever the Assistant Secretary 
determines that data specified in paragraph (1) of this subsection are 
not available or that it is impractical to obtain data for each relevant 
area or category, the report shall contain an explanation of the reasons 
therefor. 
20 use 
note. 
Ante, p, 
20 use 
241a 
. 488. 
236. 
Study consider-
ations. 
eongress. 
602 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
20 u s e 241a 
note. 
Report to 
Congress. 
STUDY OF LATE FUNDING OF ELEMENTARY AND SECONDARY EDUCATION 
PROGRAMS 
SEC. 824. (a) The Commissioner shall make a full and complete 
investigation and study to determine— 
(1) the extent to which late funding of Federal programs to 
assist elementary and secondary education handicaps local edu-
cational agencies in the effective planning of their education pro-
grams, and the extent to which program quality and achievement 
of program objectives is adversely affected by such late funding, 
and 
(2) means by which, through legislative or administrative 
action, the problem can be overcome. 
(b) Not later than one year after the date of enactment of this Act, 
the Commissioner shall make a report to the Congress on the study 
required by subsection (a), together with such recommendations as he 
may deem appropriate. 
20 u s e 241a 
note. 
Information, 
submittal to 
Secretary. 
Report to 
eongress. 
20 u s e 881. 
Reimbursement 
to State agencies. 
Appropriation, 
SAFE SCHOOL STUDY 
SEC. 825. (a) The Secretary shall make a full and complete investi-
gation and study, including necessary research activities, during the 
period beginning upon the date of enactment of this Act and ending 
June 30,1976, to determine— 
(1) the frequency, seriousness, and incidence of crime in ele-
mentary and secondary schools in the States; 
(2^ the number and location of schools affected by crime; 
(3) the per-pupil average incidence of crimes in elementary and 
secondary schools in urban, suburban, and rural schools located in 
all regions of the United States; 
(4) the cost of replacement and repair of facilities, books, sup-
plies, equipment, and other tangible objects seriously damaged or 
destroyed as the result of crime in such schools; and 
(5) the means by which crimes are attempted to be prevented in 
such schools and the means by which crimes may more effectively 
be prevented in such schools, 
(b) Within thirty days after the date of the enactment of this Act, 
the Secretary shall request each State educational agency to take the 
steps necessary to establish and maintain appropriate records to facili-
tate the compilation of information under clauses (2) and (3) of sub-
section (a) and to submit such information to him no later than seven 
months after the date of enactment of this Act. In conducting this 
study, the Secretary shall utilize data and other information available 
as a result of any other studies which are relevant to the objectives of 
this section. 
(c) Not later than December 1, 1976, the Secretary shall prepare 
and submit to the Congress a report on the study required by this sec-
tion, together with such recommendations as he may deem appropriate. 
In such report, all information required under each paragraph of 
subsection (a) of this section shall be stated separately and be 
appropriately labeled, and shall be separately stated for elementary 
and secondary schools, as defined in sections 801 (c) and (d) of the 
Elementary and Secondary Education Act of 1965. 
(d) The Secretary may reimburse each State educational agency 
for the amount of expenses incurred by it in meeting the requests of the 
Secretary under this section. 
(e) There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this section. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
603 
STUDY OF ATHLETIC I N J U R I E S 
SEC. 826. (a) The Secretary shall make a full and complete inves-
tigation and study to determine— 
(1) the number of athletic injuries to, and deaths of male and 
female students occurring in athletic competition between schools, 
in any practice session for such competition, and in any other 
school-related athletic activities for the twelve-month period 
beginning sixty days after the date of enactment of this Act; 
(2) the number of athletic injuries and deaths occurring (for 
the twelve-month period under clause (1)) at each school with an 
athletic trainer or other medical or health professional personnel 
trained to prevent or treat such injuries and at each school with-
out such personnel. 
(b) Within fifty days after the date of enactment of this xict, the 
Secretary shall request each school to maintain appropriate records to 
enable it to compile information under subsection (a) and shall request 
such school to submit such information to the Secretary immediately 
after the twelve-month period beginning sixty days after the date of 
enactment of this Act. Not later than eighteen months after the date 
of enactment of this Act, the Secretary shall make a report to the Con-
gress on the study required by subsection (a), together with such 
recommendations as he may deem appropriate. In such report, all 
information required under each paragraph of subsection (a) shall be 
stated separately for the two groups of schools under clauses (1) and 
(2) of subsection (c), except that the information shall also be stated 
separately (and shall be excluded from the group under clause (2)) 
for institutions of higher education which provide either of the two-
year programs described in section 801(E) (3) of the Elementary and 
Secondary Education Act of 1965. 
(c) For the purposes of this section, the term "school" means (1) 
any secondary school or (2) any institution of higher education, as 
defined in section- 801 of the Elementary and Secondary Education 
Act of 1965. 
(d) There is authorized to be appropriated the sum of $75,000 to 
carry out the provisions of this section. 
PART C—AMENDMENTS TO THE HIGHER EDUCATION ACT OF 1935 
COMMUNITY 
S E R V I C E AND CONTINUING EDUCATION 
AMENDMENTS 
20 u s e 241a 
note. 
Information, 
submittal to 
Secretary. 
Report to 
Congress. 
20 u s e 881, 
"School." 
Appropriation. 
20 u s e 1009. 
SEC. 831. Section 111 of the Higher Education Act of 1965 is amended 
by adding at the end thereof the following new sentence: "Subject to 
section 448(b) of the General Education Provisions Act, the Advisory 
20 use i233g. 
Council shall continue to exist through June 30, 1975." 
DEVELOPING INSTITUTIONS 
AMENDMENT 
SEC. 812. Section 302(a) (2) of the Higher Education Act of 1965 
is amended by adding at the end thereof the following new sentence: 
"The Commissioner is authorized to waive three years of the require-
ments set forth in clause (C) of paragraph (1) in the case of applica-
tions for grants under this title by institutions if the Commissioner 
determines such action will substantially increase higher education for 
Spanish-speaking people.". 
Waiver. 
20 u s e 1052. 
BILINGUAL EDUCATION 
AMENDMENTS 
SEO. 833. (a) (1) Clause (B) of section 4l7B(b) (3) of the Higher 
Education Act of 1965 is amended by inserting " ( i ) " after the word 
"who" and by inserting before the semicolon at the end thereof a 
20 u s e 1070d-l. 
38 use 1501 
38 use 1651 
604 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
comma and the following: "or (ii) by reason of limited English-
speaking ability, are in need of bilingual educational teaching, 
guidance, and counseling in order to enable them to pursue a post-
secondary education". 
20 use io70d.i. 
^2) Section 417B of such Act is amended by adding at the end 
thereof the following new subsection: 
"(d) Recipients of grants or contracts for the purposes of clause 
(3) (ii) of subsection (b) shall include in their curriculum a program 
of English language instruction for students of limited English-
speaking ability.". 
Effective date. 
(jjN xh^ amendments made by this section shall be effective upon 
^^20 use lorod-i ^^^ enactment of this Act. 
VETERANS COST OF INSTRUCTION" PAYMENTS AMENDMENTS 
SEC. 834. (a)(1) Paragraph (1) of section 420(a) of the Higher 
2 0 use io70e-i. Educatiou Act of 1965 is amended to read as follows: 
" (1) During the period beginning July 1,1972, and ending June 30, 
1975, each institution of higher education shall be entitled to a pay-
ment under, and in accordance with, this section during any fiscal year 
if— 
"(A) the number of persons who are veterans receiving voca-
tional rehabilitation under chapter 31 of title 38, United States 
Code, or veterans receiving educational assistance under chapter 
34 of such title, and who are in attendance as undergraduate stu-
dents at such institution during any academic year, equals at 
least— 
"(i) 110 per centum of the number of such recipients who 
were in attendance at such institution during the preceding 
academic year, or 
"(ii) 10 per centum of the total number of undergraduate 
students in attendance at such institution during such aca-
demic year and if such number does not constitute a per 
centum of such undergraduate students which is less than such 
per centum for the preceding academic year; and 
" (B) the number of such persons is at least 25.". 
(2) The first sentence of paragraph (2) of section 420(a) of 
such Act is amended by inserting before the period a comma and 
the following: "or equals at least the minimum number of such persons 
necessary to establish eligibility to entitlement under paragraph (1) 
during the preceding academic year, whichever is less". 
(3) Section 420(d) of such Act is amended by inserting "(1)" 
after " ( d ) " and by adding at the end thereof the following new 
paragraph: 
"(2) The maximum amount of payments to any institution of 
higher education, or any branch thereof which is located in a com-
munity which is different from that in which the parent institution 
thereof is located, in any fiscal year, shall be $135,000. In making 
payments under this section for any fiscal year, the Commissioner shall 
apportion the appropriation for making such payments, from funds 
which become available as a result of the limitation on payments set 
forth in the preceding sentence, in such a manner as will result in the 
receipt by each institution which is eligible for a payment under this 
section of first $9,000 (or the amount of its entitlement for that fiscal 
year, whichever is less) and then additional amounts up to the limita-
tion set forth in the preceding sentence.". 
(4) Section 420(e) of such Act is amended by striking out the mat-
ter preceding the word "except" and inserting in lieu thereof the fol-
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
605 
lowing: "Not less than 75 per centum of the amounts paid to any 
institution under subsection (d) in any fiscal year shall be used to 
implement the requirement of clause (B) (i) of paragraph (1) of sub-
section (c), and, to the extent that such funds remain after imple-
menting such requirements, funds limited by such 75 per centum 
requirement shall be used for implementing the requirements of clauses 
(B) (ii), (iii),and (iv) of such paragraph (1),". 
(b) The amendments made by this section shall take effect on the 
date of the enactment of this Act. 
Effective date. 
20 use 1070e-l 
note. 
TEACHER CORPS AMENDMENT:, 
SEC. 835. (a) (1) Section 511 of the Higher Education Act of 1965 
20 use 1101. 
is amended— 
(A) by inserting after "teacher preparation" in the matter 
preceding paragraph (1) the following: "and to encourage insti-
tutions of higher education and local educational agencies to 
improve programs of training and retraining for teachers and 
teacher aides"; 
(B) by striking out "and" at the end of paragraph (3); 
(C) by striking out the period at the end of paragraph (4) 
and inserting in lieu thereof a semicolon and "and"; 
(D) by inserting after paragraph (4) the following new 
paragraph: 
"(5) supporting demonstration projects for retraining 
experienced teachers and teacher aides serving in local educa-
tional agencies.". 
(2) Section 513 (a) of such Act is amended by inserting in paragraph 
2 0 use 1103. 
(1) after "experienced teachers" a comma and the following: "teacher 
aides". 
(3) Section 513 (c) of such Act is amended— 
(A) by striking out "3 per centum" in paragraph (2) and 
inserting in lieu thereof "5 per centum"; 
(B) by striking out in paragraph (2) "and the Virgin Islands" 
and inserting in lieu thereof "the Virgin Islands, Guam, Ameri-
can Samoa and the Trust Territory of the Pacific Islands"; and 
(C) by striking out in paragraph (2) "or the Virgin Islands" 
and inserting in lieu thereof "the Virgin Islands, Guam, Ameri-
can Samoa, or the Trust Territory of the Pacific Islands". 
(4) Section 514(a) (2) of such Act is amended to read as follows: 
^°TTo!^"^,^n'°"* 
"(2) a teacher intern shall be compensated at such rates as the 
" ""^ ' 
Commissioner may determine to be consistent with the nature of 
the program and with prevailing practices under comparable 
federally supported programs or local projects, not to exceed 
$150 per week plus $15 per week for each dependent; and" 
(b) The amendments made by subsection (a) shall be effective on 
Effective date 
and after July 1,1974. 
20 use 1104. 
20 use 1101 
note. 
AMENDMENT TO TITLE IX RESPECTING TRAINING IN THE LEGAL, PROFESSION 
SEC. 836. (a) Part D of title I X of the Higher Education Act of 
1965 is amended by adding at the end thereof the following new sec-
tion: 
" A S S I S T A N C E FOR T R A I N I N G I N T H E LEGAL PROFESSION 
"SEC. 966. (a) The Commissioner is authorized prior to July 1,1978, 
to make grants to, or enter into contracts with, public and private 
agencies and organizations other than institutions of higher educa-
tion for the purpose of assisting individuals from disadvantaged 
20 USC1134r-l, 
606 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT, 
20 use 11340, 
1134p. 
Effective date. 
2 0 use 1134r-l 
note. 
backgrounds, as determined in accordance with criteria prescribed by 
the Commissioner, to undertake training for the legal profession. 
"(b) Grants made, and contracts entered into under, subsection (a) 
may cover, in accordance with regulations of the Commissioner, all or 
part of the cost of— 
"(1) selecting individuals from disadvantaged backgrounds 
for training for the legal profession, 
"(2) facilitating the entry of such individuals into institutions 
of higher education for the purpose of pursuing such training, 
"(3)providing counseling or other services designed to assist 
such individuals to complete successfuUv such training, 
"(4) providing, for not more than three months prior to the 
entry of such individuals upon their courses of training for the 
legal profession, preliminary training for such individuals 
designed to assist them to complete successfully such training for 
the legal profession, 
" (5) paying such stipends (including allowances for travel and 
for dependents) as the Commissioner may determine for such 
individuals for any such period of preliminary training or for 
any period of training for the legal profession during which such 
individuals maintain satisfactory academic proficiency, as deter-
mined by the Commissioner, and 
"(6) paying for administrative activities of the agencies and 
organizations which receive such grants, or with which such con-
tracts are entered into, to the extent such activities are for the pur-
pose of furthering activities described in clauses (1) through (5). 
"(c) The activities authorized under this section may be carried 
out without regard to the requirements and limitations set forth in 
sections 962 and 963 of this part.". 
(b) The amendment made by subsection (a) shall become effective 
on September 1,1974. 
20 use 1135. 
COMMUNITY COLLEGE AND OCCUPATIONAL EDUCATION AMENDMENT 
SEC. 837. Section 1001 (b) (1) is amended by striking out "1974" and 
inserting in lieu thereof "1975". 
PART D—OTHER MISCELLANEOUS PROVISIONS 
20 u s e 1242. 
Appropriation. 
Post, p. 607. 
20 use 1244. 
Ante, p. 504. 
AMENDMENTS TO THE LIBRARY SERVICES AND CONSTRUCTION ACT AND THE 
VOCATIONAL E D U C A T I O N ACT OF 19 63 RELATING TO BILINGUAL EDUCATION 
AND VOCATIONAL TRAINING 
SEC. 841. (a) (1) Section 102 of the Vocational Education Act of 
1963 is amended by redesignating subsection (c), and all references 
thereto, as subsection (d), and by adding after subsection (b) there-
of the following new subsection: 
"(c) There are authorized to be appropriated $17,500,000 for the 
fiscal year ending June 30, 1975, for the purpose of carrying out 
section 122(a) (4) (C). Nothing in this subsection shall be construed 
to affect the availability for such purpose of appropriations made 
pursuant to subsection (a).". 
(2) Clause (D) of section 104(a) (1) of such Act is amended by 
inserting before the comma at the end thereof the following: "and of 
persons of limited English-speaking ability (as defined in section 703 
(a) of title VII of the Elementary and Secondary Education Act of 
1965)". 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
607 
(3) Clause (A) (vii) of section 104(b) (1) of such Act is amended 
^o use i244. 
by inserting before the comma at the end thereof the following: " (and 
may include, where appropriate, students who are persons of limited 
English-speaking ability (as defined in section 703(a) of title VII of 
the Elementary and Secondary Education Act of 1965))". 
^"^^' P- 504. 
(4) Section 108 of such Act is amended by adding at the end thereof 
2° ^^'^ ^2'*^' 
the following new paragraphs: 
"(14) The term 'vocational training' means training or retraining 
'^vocational 
which is conducted as part of a program designed to prepare indi- '"^^^"'"s* 
viduals for gainful employment as semiskilled or skilled workers or 
technicians or subprofessionals in recognized occupations and in new 
and emerging occupations, but excluding any program to prepare 
individuals for employment in occupations which the Commissioner 
determines, and specifies by regulation, to be generally considered pro-
fessional which requires a baccalaureate or higher degree; such term 
includes guidance and counseling (either individually or through 
group instruction) in connection with such training or for the purpose 
of facilitating occupational choices; instruction related to the occupa-
tion or occupations to which the students are in training or instruc-
tion necessary for students to benefit from such training; the training 
of persons engaged as, or preparing to become, instructors in a voca-
tional training program; travel of students and vocational training 
personnel while engaged in a training program; and the acquisition, 
maintenance, and repair of instructional supplies, aids, and equipment, 
but such term does not include the construction, acquisition, or initial 
equipment of buildings or the acquisition or rental of land. 
"(15) The term 'postsecondary educational institution' means a ed"fa°^iona'i°/^'^^tir 
nonprofit institution legally authorized to provide postsecondary edu- tution." 
cation within a State for persons sixteen years of age or older, who 
have graduated from or left elementary or secondary school.". 
(5) (A) Clause (4) of section 122(a) of such Act is amended by 
^°^^^ ^^^^• 
adding at the end thereof the following: 
"(C) vocational education for students of limited English-
speaking ability (as defined in section 703(a) of title VII of the 
Elementary and Secondary Education Act of 1965) carried out in 
coordination with bilingual education programs under such title 
VII and bilingual adult education programs under section 306(a) 
(11) of the Adult Education Act;". 
^"^e. p. S78. 
(6) Section 191 of such Act, and all references thereto, is redesig- 
20 use 1391. 
nated as section 189. 
(7) Title I of such Act is amended by adding at the end thereof the 
following new part: 
"PART J—BIIJNGTJAL VOCATIONAL TRAINING 
"STATEMENT OF FINDINGS 
"SEC. 191. The Congress hereby finds that one of the most acute 
^o use 1393. 
problems in the United States is that which involves millions of citi-
zens, both children and adults, whose efforts to profit from vocational 
training is severely restricted by their limited English-speaking ability 
because they come from environments where the dominant language 
is other than English; that such persons are therefore unable to help 
to fill the critical need for more and better trained personnel in vital 
occupational categories; and that such persons are unable to make their 
maximum contribution to the Nation's economy and must, in fact, 
suffer the hardships of unemployment or underemployment. The Con-
gress further finds that there is a critical shortage of instructors 
608 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
possessing both the job knowledge and skills and the dual language 
capabilities required for adequate vocational instruction of such lan-
guage-handicapped persons, and a corresponding shortage of instruc-
tional materials and of instructional methods and techniques suitable 
for such instruction. 
a, 
20 use 1393a. 
Report to 
President and 
Congress. 
Consultation 
with Secretary 
of Labor. 
29 use 871. 
20 use 1393b. 
Bilingual voca-
tional training. 
20 use 1393c. 
Payments to 
applicants. 
20 use 1393d. 
Post, p. 609. 
GENERAL RESPONSIBILITIES OF THE COMMISSIONER 
"SEC. 192. (a) The Commissioner and the Secretary of Labor 
together shall— 
"(1) develop and disseminate accurate information on the 
status of bilingual vocational training in all parts of the United 
States; 
"(2) evaluate the impact of such bilingual vocational training 
on the shortages of well-trained personnel, the unemployment 
or underemployment of persons with limited English-speaking 
ability, and the ability of such persons to contribute fully to the 
economy of the United States; and 
"(3) report their findings annually to the President and the 
Congress, 
"(b) The Commissioner shall consult with the Secretary of Labor 
with respect to the administration of this part. Regulations and guide-
lines promulgated by the Commissioner to carry out this part shall 
be consistent with those promulgated by the Secretary of Labor pursu-
ant to section 301(b) of the Comprehensive Employment and Train-
ing Act of 1973 and shall be approved by the Secretary of Labor before 
issuance. 
"AUTHORIZATION or 
APPROPRIATIONS 
"SEC. 193. There are authorized to be appropriated $17,500,000 for 
the fiscal year ending June 30,1975, to carry out the provisions of this 
part. 
"AUTHORIZATION OF GRANTS 
"SEC. 194. (a) From the sums made availaible for grants under this 
part pursuant to section 193, the Commissioner is authorized to make 
grants to and enter into contracts with appropriate State agencies, 
local educational agencies, postsecondary educational institutions, pri-
vate nonprofit vocational training institutions, and to other nonprofit 
organizations especially created to serve a group whose lan^age as 
normally used is other than English in supplying training m recog-
nized occupations and new and emerging occupations, and to enter 
into contracts with private for-profit agencies and organizations, to 
assist them in conducting bilingual vocational training programs for 
persons of all ages in all communities of the United States which are 
designed to insure that vocational training programs are available to 
all individuals who desire and need such bilingual vocational training. 
"(b) The Secretary shall pay to each applicant which has an appli-
cation approved under this part an amount equal to the total sums 
expended by the applicant for the purposes set forth in that 
application. 
"USE OP FEDERAL FUNDS 
"SEC. 195. Grants and contracts under this part may be used, in 
accordance with applications approved under section 197, for— 
"(1) bilingual vocational training programs for persons who 
have completed or left elementary or secondary school and who are 
available for training by a postsecondary educational institution; 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
609 
"(2) bilingual vocational training programs for persons who 
have already entered the labor market and who desire or need 
training or retraining to achieve year-round employment, adjust 
to changing manpower needs, expand their range of skills, or 
advance in employment; and 
"(3) training allowances for participants in bilingual voca-
tional training programs subject to the same conditions and limita-
tions as are set forth in section 111 of the Comprehensive 
Employment and Training Act of 1973. 
29 use 821, 
"APPLICATIONS 
20 use 1393e. 
"SEC. 196. (a) A grant or contract for assistance under this part may 
be made only upon application to the Commissioner at such time, in 
such manner, and containing or accompanied by such information as 
the Commissioner deems necessary. Each such application shall— 
"(1) provide that the activities and services for which assist-
ance under this part is sought will be administered by or under 
the supervision of the applicant; 
"(2) set forth a program for carrying out the purposes 
described in section 195; and 
^"'^' P- ^°^-
"(3) set forth a program of such size, scope, and design as will 
make a substantial contribution toward carrying out the purposes 
of this part. 
"(b) No grant or contract may be made under this part directly to a 
local educational agency or a postsecondary educational institution or a 
private vocational training institution or any other eligible agency or 
organization unless that agency, institution, or organization has sub-
mitted the application to the State board established under part B of 
this title, or in the case of a State that does not have such a board, the 
20 use 1261. 
similar State agency, for comment and includes the comment of that 
board or agency with the application. 
a 
APPLICATION APPROVAL BY THE COMMISSIONER 
"SEC. 197. (a) The Commissioner may approve an application for 
20 use i393f. 
assistance under this part only if— 
"(1) the application meets the requirements set forth in sub-
section (a) of the previous section; 
"(2) in the case of an application submitted for assistance 
under this part to an agency, institution, or organization other 
than the State board established under part B of this title, the 
requirement of subsection (b) of the previous section is met; and 
"(3) in the case of an application submitted for assistance 
under this part, the Commissioner determines that the program 
is consistent with criteria established by him^ where feasible, 
after consultation with the State board established under part 
B of this title, for achieving equitable distribution of assistance 
under this part within that State. 
"(b) An amendment to an application shall, except as the Secre-
tary may otherwise provide, be subject to approval in the same manner 
as the original application.". 
(b) Clause (4) of section 6(b) of the Library Services and Con-
struction Act is amended by inserting before the period at the end 
20 use 35id. 
thereof a comma and the following: "and to programs and projects 
which serve areas with high concentrations of persons of limited 
610 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Ante, 
p. 504. 
Effective date. 
20 u s e 1242 
note. 
English-speaking ability (as defined in section 703(a) of title VII of 
the Elementary and Secondary Education Act of 1965, as amended)". 
(c) The amendments made by this section shall be effective on and 
after July 1,1974. 
Reimbursement 
to States. 
20 u s e 246. 
Submittal to 
Commissioner. 
Guidelines. 
Publication in 
Federal Register; 
submittal to Pres-
ident of the Sen-
ate and Speaker 
of the House. 
Republication 
in Federal 
Register. 
Submittal to 
President of the 
Senate and 
Speaker of the 
House. 
New guidelines. 
Resolution of 
disapproval. 
ASSISTANCE TO STATES FOR STATE EQUALIZATION PLANS 
SEC. 842. (a) (1) Any State desiring to develop a plan for a program 
of financial assistance to local educational agencies in that State to 
assist such agencies in the provision of free public education may, upon 
application therefor, be reimbursed for the development or admin-
istration of such a plan in accordance with the provisions of this 
section. Each plan developed pursuant to, or which meets the require-
ments of, this section shall be submitted to the Commissioner not later 
than July 1, 1977, and shall, subject to the provisions of this section, 
be consistent with the guidelines developed pursuant to paragraph 
(3). Such plan shall be designed to implement a program of State 
aid for free public education— 
(A) which is consistent with such standards as may be required 
by the fourteenth article of amendment to the Constitution; and 
(B) the primary purpose of which is to achieve equality of 
educational opportunity for all children in attendance at the 
schools of the local educational agencies of the State. 
(2) The Commissioner shall develop guidelines defining the prin-
ciples set forth in clauses (A) and (B) of paragraph (1). Not later 
than April 1, 1975, the Commissioner shall publish such guidelines 
in the Federal Register and submit such guidelines to the President of 
the Senate and the Speaker of the House of Representatives. 
(3) During the sixty-day period following such publication, the 
Commissioner shall provide interested parties with an opportunity 
to present views and make recommendations with respect to such guide-
lines. Not later than July 1, 1975, the Commissioner shall (A) 
republish such guidelines in the Federal Register, together with any 
amendments thereto as may be merited and (B) publish in the Federal 
Register a summary of the views and recommendations presented by 
interested parties under the preceding sentence, together 
with 
the comments of the Commissioner respecting such views and 
recommendations. 
(4) (A) The guidelines published in accordance with paragraph 
(3), together with any amendments, shall, not later than July 1,1975, 
be submitted to the President of the Senate and the Speaker of the 
House of Representatives. If either the Senate or the House of Rep-
resentatives adopts, prior to December 1, 1975, a resolution of 
disapproval of such guidelines, the Commissioner shall, prior to 
December 15, 1975, publish new guidelines. Such new guidelines shall 
take into consideration such views and policies as may be made in 
connection with such resolution and shall become effective thirty days 
after such publication. 
(B) A resolution of disapproval under this paragraph may be in 
the form of a resolution of either the Senate or the House of Repre-
sentatives or such resolution may be in the form of a concurrent res-
olution of both Houses. If such a resolution of disapproval is in the 
form of a concurrent resolution, the new guidelines published in 
accordance with the second sentence of subparagraph (A) of this para-
graph shall be consistent with such policies as may be established by 
such concurrent resolution. 
88 STAT. ] 
PUBLIC LAW 93-380-AUG. 21, 1974 
611 
(C) If each of the Houses adopts a separate resolution with respect 
to guidelines submitted in accordance with this paragraph for any 
year and in connection therewith makes policy statements which differ 
substantially, then such differences may be resolved by the adoption 
of a concurrent resolution by both Houses. Any such concurrent resolu-
tion shall be deemed to be adopted in accordance with subparagraph 
(b) Any State developing a plan pursuant to this section may reject 
any guidelines developed and published under subsection (a) of this 
section if such State, as a provision of its plan, states the reasons for 
each such rejection. 
(c) (1) Each State that develops a plan under this section shall be to^^iTe^s^^urf"! 
reimbursed for the reasonable amounts expended by the State in the aon.^ ^^' 
development or administration of such a plan based upon the ratio 
of the population of that State to the population of all States except 
that no State shall receive less than $100,000 and no State shall receive 
more than $1,000,000. 
(2) For the purposes of this section the term "State" means the 
"state." 
fifty States. 
TREATMENT OF PUERTO RICO AS A STATE 
SEC. 843. (a) (1) Section 143(b) of the Elementary and Secondary 
Education Act of 1965, 202(a)(1), and 302(a)(1) of such Act are 82'2° ^2":''*'^' 
each amended by striking out "Puerto Rico,". 
(2) Section 202(a) (2), 302(a) (2), 307(b), 502(a) (1), 522(a), 531 
(c) (1) (A), and 531(c) (1) (B) of such Act are each amended by strik- J^ usc^ s^s^ 
ing out "the Commonwealth of Puerto Rico," each time it appears. 
(3) Sections 202(a)(1) 
and 302(a)(1) of such Act are each 
amended by striking out "3 per centum" and inserting in lieu thereof 
"1 per centum". Sections 502(a)(1), 522(a), and 531(c)(1)(A) of 
such Act are each amended by striking out "2 per centum" and insert-
ing in lieu thereof "1 per centum". 
(b) (1) Effective after June 30,1975, section 612(a) (1) of the Edu- 
Effective dates. 
cation 01 the Handicapped Act is amended by striking out "Puerto 
20 use 1412 
Rico,". 
^"'"°*^-
(2) Effective after June 30,1975, sections 612(a) (2) and 613(a)(1) 
of the Education of the Handicapped Act are each amended by strik-
ing out "the Commonwealth of Puerto Rico,". 
(3) Effective after June 30, 1975, section 612(a) (1) of the Educa-
tion of the Handicapped Act is amended by striking out "3 per centum" 
and inserting in lieu thereof "1 per centum". 
(c) (1) Section 303(f) of the Adult Education Act is amended by 
striking out "the Commonwealth of Puerto Rico," where it occurs, and 
by inserting "the Commonwealth of Puerto Rico," after "the District 
of Columbia,". 
(2) Section 305(a) of such Act is amended by striking out "Puerto 
Rico,". 
(3) Section 305 (a) of the Adult Education Act is amended by strik-
ing out "2 per centum" and inserting in lieu thereof "1 per centum". 
(d) Notwithstanding any provision of part A of title I of the 
Elementary and Secondary Education Act of 1965, the amount which 
the Commonwealth of Puerto Rico is eligible to receive under subpart 
1 of such part A or under sections 121, 122, or 123 for the fiscal year 
^"'^' P- 491. 
ending June 30,1975, shall not exceed 50 per centum of the full amount 
the Commonwealth of Puerto Rico would receive (after required 
20 use 1413. 
2 0 use 
20 use 
20 use 
note. 
20 use 
1202. 
1204. 
241c 
241c. 
612 
PUBLIC LAW 93-380-AUG. 21, 1974 
[88 STAT. 
Effective date. 
20 use 241g 
note. 
Proposed regu-
lations, publica-
tion. 
20 use 1681 
note. 
20 use 1681. 
20 use 241/. 
20 use 1233g. 
20 use 847a. 
20 
use 
1221. 
20 
use 
880b-5. 
20 
use 
1221g. 
20 
use 
1615. 
20 
use 
1209. 
20 
use 
1244. 
ratable reductions) under such subpart or section but for this sub-
section, and for the fiscal years ending June 30, 1976, June 30, 1977, 
and June 30, 1978, such amount shall not exceed 75 per centum of the 
full amount the Commonwealth of Puerto Eico would receive (after 
required ratable reductions) under such subpart or section but for this 
subsection. 
(e) Unless otherwise specifically provided, the amendments made 
by this section shall be effective on and after July 1,1974. 
TROVISIGN RELATING TO SEX DISCRIMINATION 
SEC. 844. The Secretary shall prepare and publish, not later than 
30 days after the date of enactment of this Act, proposed regula-
tions implementing the provisions of title I X of the Education Amend-
ments of 1972 relating to the prohibition of sex discrimination in 
federally assisted education programs which shall include with respect 
to intercollegiate athletic activities reasonable provisions considering 
the nature of particular sports. 
EXTENSION OF ADVISORY COUNCILS 
SEC. 845. (a) Section 148(c) of the Elementary and Secondary 
Education Act of 1965 is amended by adding at the end thereof the 
following new sentence: "Subject to section 448(b) of the General 
Education Provisions Act, the National Council shall continue to 
exist until July 1,1978." 
(b) Section 309(c) of the Elementary and Secondary Education 
Act of 1965 is amended by adding at the end thereof the following 
new sentence: "Subject to section 448(b) of the General Education 
Provisions Act, the Council shall continue to exist until July 1, 1978, 
except that the Council shall not exist during any year for which 
funds are available for obligation by the Commissioner for carrying 
out title ly.". 
(c) Section 708(a) of the Elementary and Secondary Education 
Act of 1965 is amended by adding at the end thereof the following 
new sentence: "Subject to section 448(b) of the General Education 
Provisions Act, the Advisory Committee shall continued to exist until 
July 1, 1978.". 
(d) Section 442(a) of the Education Amendments of 1972 is 
amended by adding at the end thereof the following new sentence: 
"Subject to section 448 (b) of the General Education Provisions Act, 
the National Council shall continue to exist until July 1,1978.". 
(e) Section 716(b) of the Emergency School Aid Act is amended 
by adding at the end thereof the following new sentence: "Subject 
to section 448(b) of the General Education Provisions Act, such 
Council shall continue to exist until Julv 1,1975.". 
(f) Section 310(b) of the Adult Education Act is amended by 
adding at the end thereof the following new sentence: "Subject to 
section 448(b) of the General Education Provisions Act, the Council 
shall continue to exist until July 1,1978.". 
(g) Section 104(a) of the Vocational Education Act of 1963 is 
amended by adding at the end thereof the following new sentence: 
"Subject to section 448(b) of the General Education Provisions Act, 
the National Council shall continue to exist until Julv 1. 1976.". 
88 STAT. ] 
PUBLIC LAW 93-381-AUG. 21, 1974 
613 
SEPARABTT.TTT 
SBO. 846. If any provision of, or any amendment made by, titles I 
and IV of this Act is held invalid by reason of being inconsistent with 
the Constitution, all provisions of this Act and amendments made by 
this Act which are separable from such invalid provision or amend-
ment shall remain in effect. If any such provision or amendment is held 
invalid in one or more applications of such provision or amendment, 
such provision or amendment shall remain in effect in all valid appli-
cations which are separable from any such application. 
Approved August 21, 1974. 
20 u s e 241b 
note. 
Ante, pp. 488, 
535. 
u s e prec. 
title 1. 
August 21, 1974 
[H. R. 15544] 
Public Law 93-381 
AN ACT 
Making appropriations for the Treasury Department, tlie United States Postal 
Service, the Executive OflSce of the President, and certain Independent 
Agencies, for the fiscal year ending June 30, 1975, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the following p^^tg^ s^'^'ice 
sums are appropriated, out of any money in the Treasury not otherwise and General GOV-
appropriated, for the Treasury Department, the United States Postal emment Appro-
Service, the Executive Office of the President, and certain Independent 197^5'°" " ' 
Agencies, for the fiscal year ending June 30, 1975, and for other pur-
poses, namely: 
TITLE I—TREASURY DEPARTMENT 
OFFICE OF THE 
SECRETARY 
Treasury De-
partment Appro-
priations Act, 
1975. 
SALARIES AXD EXPENSES 
For necessary expenses in the Office of the Secretary, including 
the operation and maintenance of the Treasury Building and Annex 
thereof; hire of passenger motor vehicles; and not to exceed $10,000 
for official reception and representation expenses; $25,850,000, of which 
not to exceed $100,000 shall be available for unforeseen^emergencies 
of a confidential character, to be allocated and expended under the 
direction of the Secretary of the Treasury and to be accounted for 
solely on his certificate, and of which $3,600,000 shall be for repairs 
and improvements to Treasury buildings and shall remain available 
until expended. 
FEDERAL LAW ENFORCEMENT TRAINING CENTER 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Law Enforcement Training 
Center, including purchase of six passenger motor vehicles for police-
type use; and the hire of passenger motor vehicles; $3,100,000.