An Act to amend and extend title V of the Higher Education Act of 1965
PL 90-35 (H.R.10943), enacted 06/29/1967

81 
STAT.] 
PUBLIC LAW 90-35-JUNE 29, 1967 
81 
Public Law 90-33 
AN ACT 
June 28, 1967 
To amend section 5 of the Act of February 11, 1929, to remove the dollar limit on 
[H.R. 834] 
the authority of the Board of Commissioners of the District of Columbia to 
settle claims of the District of Columbia in escheat cases. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That the first proviso 
of section 5 of the Act entitled "An Act authorizing the Commissioners 
of the District of Columbia to settle claims and suits against the 
District of Columbia", approved February 11, 1929 (D.C. Code, sec. 
1-906), is amended by inserting ", except, with the approval of the 
United States District Court for the District of Columbia, a claim or 
suit under section 19-701 of the District of Columbia Code," immedi-
ately after "no claim or suit so compromised". 
Approved June 28, 1967. 
D.C. 
Escheat cases. 
65 Stat. 131. 
79 Stat. 701. 
Public Law 90-34 
JOINT RESOLUTION 
June 28, 1967 
Extending for four months the emergency provisions of the urban mass transpor- 
[H. J. Res. 60i] 
tation program. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled., That section 5 of the Urban 
Mass Transportation Act of 1964 is amended by striking out "July 1, 
1967" and inserting in lieu thereof "November 1,1967". 
Approved June 28, 1967. 
78 Stat. 304. 
49 use 1604. 
Public Law 90-35 
AN ACT 
To amend and extend title V of the Higher Education Act of 1965. 
June 29, 
1967 
[H.R. 
10943] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That it is the pur- ti^^ A'C "
^ ,^'^"96^" 
pose of this Act to coordinate, broaden, and strengthen programs for amendment. 
the training and improvement of the qualifications of teachers and 
other educational personnel for all levels of the American educational 
system so as to provide a better foundation for meeting the critical 
needs of the Nation for personnel in these areas. 
82 
PUBLIC LAW 90-35-JUNE 29, 1967 
[81 STAT. 
AMENDMENTS TO PART A (GENERAL PROVISIONS) OF TITLE V OF HIGHER 
EDUCATION ACT OF 19 6 5 
20 use /ogf.' 
SEC. 2. Title V of the Higher Education Act of 1965 is amended 
^ 
(a) striking out "TEACHER PROGRAMS" in the head-
ing of such title and inserting in lieu thereof "EDUCATION 
PROFESSIONS DEVELOPMENT"; 
(b) redesignating section 502 as section 508; and 
(c) striking out section 501 and inserting in lieu thereof the 
following sections: 
u 
STATEMENT OF PURPOSE 
"SEC. 501. The purpose of this title is to improve the quality of 
teaching and to help meet critical shortages of adequately trained 
educational personnel by (1) developing information on the actual 
needs for educational personnel, both present and long ran^e, (2) 
providing a broad range of high quality training and retraining op-
portunities, responsive to changing manpower needs; (3) attracting 
a greater number of qualified persons into the teaching profession; 
(4) attracting persons who can stimulate creativity in the arts and 
other skills to undertake short-term or long-term assignments in edu-
cation; and (5) helping to make educational personnel training pro-
grams more responsive to the needs of the schools and colleges. 
" N A T I O N A L A D V I S O R Y C O U N C I L O N EDUCATION PROFESSIONS DEVELOPMENT 
"SEC. 502. (a) The President shall, within ninety days after the 
enactment of this section, appoint a National Advisory Council on 
Education Professions Development (hereafter in this section referred 
to as the 'Council'), for the purpose of reviewing the operation of this 
title and of all other Federal programs for the training and develop-
ment of educational personnel, and evaluating their effectiveness in 
meeting needs for additional educational personnel, and in achieving 
improved quality in training programs as evidenced in the competency 
of the persons receiving such training when entering positions in the 
field of education. The Council shall, in addition, advise the Secretary 
and the Commissioner with respect to policy matters arising in the 
administration of this title and any other matters, relating to the 
purposes of this title, on which their advice may be requested. 
Membership. 
u^^^) rpj^^ Councll shall be appointed by the President, without 
regard to the civil service and classification laws, and shall consist of 
fifteen persons. The members, one of whom shall be designated by the 
President as Chairman, shall include persons broadly representative 
of the fields of education, the arts, the sciences, and the humanities, and 
of the general public, and a majority of them shall be engaged in 
teaching or in the education of teachers. 
81 STAT. ] 
PlJBLIC LAW 90-35-JUNE 29, 1967 
"(c) The Council shall make an annual report of its findings and ^enf and 00^-'^'^" 
recommendations (including recommendations for changes in this gress. 
title and other Federal laws relating to educational personnel train-
ing) to the President and the Congress not later than January 31 of 
each calendar year beginning after the enactment of this section. The 
President is requested to transmit to the Congress such comments and 
recommendations as he may have with respect to such report. 
"(d) Members of the Council who are not in the regular full-time 
employ of the United States shall, while serving on the business of 
the Council, be entitled to receive compensation at rates fixed by the 
President, but not exceeding $100 per day (or, if higher, the rate speci-
fied at the time of such service for grade GS-18 in section 5332 of title 
5, United States Code), including traveltime, and, while so serving 
away from their homes or regular places of business, may be allowed 
travel expenses, including per diem in lieu of subsistence, as author-
ized by section 5703 of title 5, United States Code, for persons in the 
Government service employed intermittently. 
"(e) The Council may appoint and fix the compensation of such 
employees as it deems necessary. The Council is authorized to obtain 
the services of experts and consultants in accordance with section 3109 
of title 5, United States Code. 
"(f) There is authorized to be appropriated to carry out this section 
the sum of $100,000 for the fiscal year ending June 30, 1968, and the 
sum of $200,000 for each of the two succeeding fiscal years. 
Compensation. 
80 Stat. 467, 
80 Stat. 499. 
Employees. 
80 Stat. 416. 
Appropriation. 
"APPRAISING EDUCATION PERSONNEL NEEDS 
"SEC. 503. (a) The Commissioner shall from time to time appraise 
the Nation's existing and future personnel needs in the field of edu-
cation, including preschool programs, elementary and secondary edu-
cation, vocational and technical education, adult education, and higher 
education, and the adequacy of the Nation's efforts to meet these needs. 
In developing information relating to educational personnel needs, the 
Commissioner shall consult with, and make maximum utilization of 
statistical and other related information of, the Department of Labor, 
the National Science Foundation, the National Foundation on the Arts 
and the Humanities, State educational agencies. State employment 
.security agencies, and other appropriate public and private agencies. 
"(b) The Commissioner shall prepare and publish annually a report 
on the education professions, in which he shall present in detail his 
views on the state of the education professions and the trends which he 
discerns with respect to the future complexion of programs of education 
throughout the Nation and the needs for well-educated personnel to 
staff such programs. The report shall indicate the Commissioner's 
plans concerning the allocation of Federal assistance under this title 
in relation to the plans and programs of other Federal agencies. 
"A'rrRACTlN(i QUALIFIED PERSONS TO T H E FIELD OF EDUCATION 
"SEC. 504. (a) The Commissioner is authorized to make grants 
to, or contracts with. State or local educational agencies, institutions 
of higher education, or other public or nonprofit agencies, organiza-
tions, or institutions, and he is authorized to enter into contracts with 
private agencies, institutions, or organizations when he, after con-
sultation with the National Advisory Council on Education Profes-
sions Development, considers such contract will make an especially 
significant contribution to attaining the objectives of this section, for 
the purpose of— 
"(1) identifying capable youth in secondary schools who may 
be interested in careers in education and encouraging them to 
Annual report. 
Grants, con-
racts. 
84 
PUBLIC LAW 90-35-JUNE 29, 1967 
[81 STAT. 
Appropriation. 
pursue postsecondary education in preparation for such careers; 
"(2) publicizing available opportunities for careers in the field 
of education; 
"(3) encouraging qualified persons to enter or reenter the field 
of education; or 
"(4) encouraging artists, craftsmen, artisans, scientists, and 
persons from other professions and vocations, and homemakers to 
undertaking teaching or related assignments on a part-time basis 
or for temporary periods. 
" (b) There is authorized to be appropriated to carry out this sec-
tion the sum of $2,500,000 for the fiscal year ending June 30, 1969, 
and the sum of $5,000,000 for the fiscal year ending June 30, 1970. 
'CONSULTATION 
"SEC. 505. In the development and review of grant and contract 
programs under this title the Commissioner shall consult with the 
National Science Foundation and the National Foundation on the Arts 
and the Humanities to promote coordinated planning of programs 
to train educational personnel. 
79 Stat. 1270. 
20 u s e 1143. 
TRANSFER OF FUNDS 
"SEC. 506. In addition to the authority for utilization of other 
agencies conferred by section 803(b) of this Act, funds available to 
the Commissioner for grants or contracts under this title shall, wnth 
the approval of the Secretary, be available for transfer to any other 
Federal agency for use (in accordance with an interagency agreement) 
by such agency (alone or in combination with funds of that agency) 
for purposes for which such transferred funds could be otherwise 
expended by the Commissioner under the provisions of this title, and 
the Commissioner is likewise authorized to accept and expend funds of 
any other Federal agency for use under this title. 
80 Stat. 416. 
Compensation, 
80 
288. 
80 
Stat. 
Stat. 
467, 
499. 
"EXPERTS AND CONSULTANTS 
"SEC. 50Y. The Commissioner may employ experts and consultants, 
as authorized by section 3109 of title 5, United States Code, to advise 
liim with respect to the making of grants and contracts and the approv-
ing of programs under this title. Experts and consultants employed 
pursuant to this section may be compensated while so employed at 
rates not in excess of $100 per day (or, if higher, the rate specified at 
the time of such service for grade GS-18 in section 5332 of title 5, 
United States Code), including traveltime, and, while so serving away 
from their homes or regular places of business, may be allowed travel 
expenses, including per diem in lieu of subsistence, as authorized by 
section 5703 of title 5, United States Code, for persons in the Govern-
ment service employed intermittently." 
79 
Stat. 1255. 
20 
use 1101-
1107. 
AMENDMENTS TO PART B OF TITLE V OF T H E HIGHER EDUCATION ACT OF 
1 9 6 5 
SEC. 3. (a) (1) Part B of title V of the Higher Education Act of 
1965 is amended by striking out the heading thereof and inserting the 
following: 
81 STAT.] 
PUBLIC LAW 90-35-JUNE 29, 1967 
85 
"PART B—ATTRACTING AND QUALIFYING TEACHERS 
"Subpart 1—Teacher Corps" 
(2) The heading of section 512 of such Act is amended by striking 
out "National". 
(3) Part B of such title V is further amended by striking out "part" 
each place it appears and inserting in lieu thereof "subpart". 
(4) Section 512 of such Act is amended by striking out "National 
Teacher Corps (hereinafter referred to as the 'Teacher Corps')" and 
inserting in lieu thereof "Teacher Corps". 
(b) Section 511 (b) of the Higher Education Act of 1965 is amended 
by striking out "and" after "June 30, 1966," and by inserting the fol-
lowing immediately before the period at the end of such subsection: 
", $33,000,000 for the fiscal year ending June 30, 1968, $46,000,000 for 
the fiscal year ending June 30,1969, and $56,000,000 for the fiscal year 
ending June 30, 1970, respectively; and there are further authorized 
to be appropriated such sums for the fiscal year ending June 30, 1971. 
as may be necessary to enable any teacher-intern who has not com-
pleted his program of practical and academic training to continue such 
program for a period of not more than one additional year". 
(c) Section 513(a) of such Act is amended to read as follows: 
"SEC. 513. (a) For the purpose of carrying out this subpart, the 
Commissioner is authorized to— 
"(1) enter into contracts or other arrangements with institu-
tions of higher education or local educational agencies under 
which they will recruit, select, and enroll in the Teacher Corps 
for periods of up to two years, experienced teachers, persons who 
have a bachelor s degree or its equivalent, and persons who have 
successfully completed two years of a program for which credit is 
given toward a baccalaureate degree; 
"(2) enter into arrangements, through grants or contracts, 
with institutions of higher education or local educational agencies 
(upon approval in either case by the appropriate State educa-
tional agency) or with State educational agencies to provide mem-
bers of the Teacher Corps wnth such training as the Commissioner 
may deem appropriate to carry out the purpose of this subpart, 
including not more than three months of training for members 
before they undertake their teaching duties under this subpart; 
"(3) enter into arrangements (including the payment of the 
cost of such arrangements) with local educational agencies upon 
approval by the appropriate State educational agency and, after 
consultation in appropriate cases with institutions of higher 
education, to furnish to local educational agencies, for service 
during regular or summer sessions, or both, in the schools of such 
agencies in areas having concentrations of children from low-
income families, teaching teams, each of which shall consist of an 
experienced teacher and a number of teacher-interns who, in addi-
tion to teaching duties, shall be afforded time by the local educa-
tional agency for a teacher-intern training program carried out 
under the guidance of an experienced teacher in cooperation with 
an institution of higher education; 
"(4) pay to local educational agencies such part of the amount 
of the compensation which such agencies pay to or on behalf of 
members of the Teacher Corps assigned to them pursuant to 
arrangements made pursuant to the preceding clause as may be 
agreed upon after consideration of their ability to pay such com-
pensation^ but not in excess of 90 per centum thereof, except that, 
m exceptional cases, the Commissioner may provide more than 
79 Stat. 1255. 
20 use 1101-
1107. 
Appropriation. 
Recruitment, 
training provi-
sions, etc. 
79 Stat. 1256. 
20 u s e 1103. 
Allocation of 
teachers. 
Infra. 
8^ 
PUBLIC LAW 90-35-JUNE 29, 1967 
fel 
STAT. 
90 per centum of such compensation during the first year of any 
agency's participation in the program; 
"(5) make available technical assistance to local educational 
agencies and institutions of higher education for carrying out 
arrangements entered into under clause (1) ; 
"(6) acq[uaint qualified persons of teaching opportunities and 
needs in disadvantaged areas and encourage qualified persons to 
apply to appropriate educational agencies or institutions for 
enrollment in the Treacher Corps; and 
"(7) accept and employ in the furtherance of the purposes of 
this subpart (A) voluntary and uncompensated services notwith-
standing the provisions of section 3679 (b) of the Revised Statutes, 
as amended (31 U.S.C. 665(b)), and (B) any money or property 
(real, personal, or mixed, tangible or intangible) received by 
gift, devise, bequest, or otherwise." 
(d) Section 513 (b) of such Act is amended by striking out "a grad-
uate" and inserting in lieu thereof ''an appropriate". 
(e) Section 513(c) of such Act is amended to read as follows: 
"(c)(1) Whenever the Commissioner determines that the demand for 
the services of members of the Teacher Corps exceeds the number avail-
able, he shall, to the extent practicable, allocate the number of mem-
bers of the Teacher Corps who are available among the States in 
accordance with paragraph (2). 
"(2) Not to exceed 2 per centum of the number of members of the 
Teacher Corps who are available shall be allocated to Puerto Rico and 
the Virgin Islands according to their respective needs. The remainder 
of such number of Teacher Corps members shall be allocated among 
the States so that the number of members available to any State shall 
bear the same ratio to the number being allocated as the number of 
children enrolled in the public and private elementary and secondary 
schools of that State bears to the total number of children so enrolled 
in such schools in all of the States. The number of children so enrolled 
shall be determined by the Commissioner on the basis of the most 
recent satisfactory data available to him. For purposes of this subsec-
tion, the term 'State' shall not include Puerto Rico or the Virgin 
Islands. 
"(3) If the Commissioner determines that a State will not require 
the number of Teacher Corps members allocated to it under paragraph 
(2), he shall, from time to time, reallot the number not required, on 
such dates as he may fix, to other States in proportion to the original 
allocation to such States under paragraph (2), but with such propor-
tionate number for any of such other States being reduced to the extent 
it exceeds the number the Commissioner determines such State needs 
and will be able to use for such year; and the total of such reductions 
shall be similarly reallocated among the States whose proportionate 
numbers were not so reduced." 
(f) The first sentence of section 513(c) (2) of such Act is amended 
by striking out "2 per centum" and inserting in lieu thereof "3 per 
centum", and by striking out "Puerto Rico, and the Virgin Islands" 
and inserting in lieu thereof "Puerto Rico, the Virgin Islands, and 
elementary and secondary schools operated for Indian children by 
the Department of the Interior,". 
(g) (1) Section 514(a) of such Act is amended by striking out 
paragraphs (1), (2), and (3), and inserting in lieu thereof the 
following: 
"(1) an experienced teacher who is leading a teaching team 
shall be compensated at a rate agreed to by such agency and the 
;, Commissioner; and 
'State 
Compensation. 
20 u s e 1104. 
81 STAT. ] 
PUBLIC LAW 90-35-JUNE 29, 1967 
87 
"(2) a teacher-intern shall be compensated at a rate which is 
equal to the lowest rate paid by such agency for teaching full 
time in the school system and grade to which the intern is assigned, 
or $75 per week plus $15 per week for each dependent, whichever 
is less." 
(2) The amendment made by this subsection shall not apply to 
any person enrolled in the Teacher Corps before the date of enactment 
of this Act, 
(h) Section 515 of such Act is amended by adding at the end thereof 
the following new subsection: 
"(d) Members of the Teacher Corps shall not be eligible to receive 
payment of a student loan under title II of the National Defense 
Education Act of 1958 or of an educational opportunity grant under 
^^ ^^^^- 
^^f^^^^
title IV of this Act." 
79 stat. 1232. 
(i) Part B of title V of such Act is amended by adding at the ,„2^° ^^*^ ^°^^' 
end thereof the following new section: 
79 
Stat. 
1257. 
20 
use 1105. 
1069. 
"TEACHING CHILDREX OF MIGRATORY AGRICULTURAL 
WORKERS 
"SEC. 517A. For purposes of this part the term 'local educational 
agency' includes any State educational agency or other public or pri-
vate nonprofit agency w^hich provides a program or project designed 
to meet the special educational needs of migratory children of migra-
tory agricultural workers, and any reference in this part to (1) teach-
ing in the schools of a local educational agency includes teaching in 
any such program or project and (2) 'migratory children of migratory 
agricultural workers' shall be deemed to continue to refer to such 
children for a period, not in excess of five years, during which they 
reside in the area served by the local educational agency." 
N E W SUBPART ADDED TO PART B OF TITLE V OF THE HIGHER EDUCATION 
ACT OF 1967 
SEC. 4. Part B of title V of the Higher Education Act of 1965 is 
20 use noi-
amended by inserting at the end thereof (after the section added by ^^°^' 
section 3(i) of this Act) the following: 
"Subpart 2—Attracting and Qualifying Teachers to Meet Critical 
Teacher Shortages 
(( 
APPROPRIATIONS AUTHORIZED 
"SEC. 518. (a) The Commissioner shall carry out during the fiscal 
year ending June 30, 1969, and the succeeding fiscal year, a program 
for making grants to States to enable them to support the efforts of 
local communities experiencing critical teacher shortages to (1) attract 
to teaching persons in the community who have been otherwise 
engaged and to provide them, through short-term intensive training 
programs and subsequent in-service training, with the qualifications 
necessary for a successful career in teaching, and (2) obtain the 
services of teacher aides and provide them with the necessary training 
with a view to increasing the effectiveness of classroom teachers. 
"(b) For the purpose of making grants under this subpart, there 
are hereby authorized to be appropriated the sum of $50,000,000 for 
the fiscal year ending June 30,1969, and $65,000,000 for the fiscal year 
ending June 30, 1970. 
88 
PUBLIC LAW 90-35-JUNE 29, 1967 
[81 STAT. 
-'ALLOTMENT TO STATES 
Ante, 
p. 87. 
" S t a t e . " 
"SEC. 519. (a) From the sums appropriated pursuant to section 
518(a), the Commissioner shall reserve such amount, but not in excess 
of 3 per centum thereof, as he may determine and shall allot such 
amount among Puerto Rico, Guam, American Samoa, the Virgin 
Islands, the Canal Zone, and the Trust Territory of the Pacific Islands 
according to their respective needs for assistance under this subpart. 
From the remainder of such sums, the Commissioner shall allot to 
each State an amount which bears the same ratio to the total of 
such sums as the number of children enrolled in the public and private 
elementary and secondary schools of that State bears to the total 
number of children so enrolled in such schools in all of the States. 
The number of children so enrolled shall be determined by the Com-
missioner on the basis of the most recent satisfactory data available 
to him. For purposes of this subsection, the term "State' shall not 
include the Commonwealth of Puerto Rico, Guam, American Samoa, 
the Virgin Islands, the Canal Zone, and the Trust Territory of the 
Pacific Islands. 
"(b) The amount of any State's allotment under subsection (a) for 
any fiscal year which the Commissioner determines will not be required 
for such fiscal year shall be available for reallotment from time to 
time, on such dates during such year as the Commissioner may fix, to 
other States in proportion to the original allotments to such States 
under subsection (a) for that year but with such proportionate amount 
for any of such other States being reduced to the extent it exceeds 
the sum the Commissioner estimates such State needs and will be able 
to use for such year; and the total of such reductions shall be similarly 
reallotted among the States whose proportionate amounts were not so 
reduced. Any amounts reallotted to a State under this subsection dur-
ing a year from funds appropriated pursuant to section 519 shall be 
deemed part of its allotment under subsection (a) for siich year. 
•'STATE FLANS 
"SEC, 520, (a) Any State which desires to receive grants under 
this subpart shall submit to the Commissioner, through its State edu-
cational agency, a State plan, in such detail as the Commissioner 
deems necessary, which— 
"(1) designates the State educational agency as the sole State 
agency for administration of the State plan; 
"(2) sets forth a program under which funds paid to the State 
from its allotment under section 520 will be expended solely for 
(A) programs of local educational agencies to attract to teaching, 
persons in the community who have been otherwise engaged and to 
provide short-term intensive training and subsequent in-service 
training to qualify such persons for teaching, (B) programs of 
such agencies to obtain the services of teacher aides and to provide 
them with the preservice or in-service training they need to per-
form their duties as teacher aides, and (C) administration of the 
State plan, except that the amount used for administration of the 
State plan for any fiscal year shall not exceed an amount equal to 
3 per centum of the amount paid to the State under this subpart 
for that year; 
"(3) provides assurance that every local educational agency 
whose application for funds under the plan is denied will be 
given an opportunity for a fair hearing before the State educa-
tional agency; 
"(4) sets forth the policies and procedures to be followed in 
allocating Federal funds to local educational agencies in the State, 
81 STAT. ] 
PUBLIC LAW 90-35-JUNE 29, 1967 
89 
whicli policies and procedures shall ensure that such funds will 
be allocated to local educational agencies having the most urgent 
need for teachers and teacher aides; 
"(5) provides that training under a program described in 
paragraph (2) (A) will be provided only to persons who will, 
upon completion of their short-term training, have the qualifica-
tions for teaching in elementary or secondary schools in the com-
munity, and that training under a program described in para-
graph (2) (B) will be provided only to persons who show promise 
of being able with appropriate training to serve competently as 
a teacher aide; 
"(6) provides assurances that not more than one-third of the 
sums expended under this Act will be used to support programs 
described in paragraph (2) (B) ; 
"(7) provides assurance that no person will be denied admis-
sion to training programs carried on under this subpart because 
he is preparing to teach or serve as a teacher aide in a private 
school; 
"(8) sets forth policies and procedures designed to assure that 
Federal funds made available under this subpart for any fiscal 
year will be so used as to supplement, and not supplant, funds 
which are available from State or local sources for purposes for 
which grants may be made under this subpart; 
"(9) sets forth such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of, 
and accounting for, Federal funds paid to the State (including 
any such funds paid by the State to any other public agency) 
under this subpart; and 
"(10) provides for making such reports, in such form and 
containing such information, as the Commissioner may reasonably 
require to carry out his functions under this subpart, and for 
keeping such records and for affording such access thereto as the 
Commissioner may find necessary to assure the correctness and 
verification of such reports. 
"(b) The Commissioner shall approve any State plan and any 
modification thereof which complies with the provisions of subsec-
tion (a). 
"PAYMENTS TO STATES 
"SEC. 520A. From the amounts allotted to each State under section 
519 the Commissioner shall pay to that State an amount equal to the 
amount expended by the State in carrying out its State plan. Such 
payments may be made in installments, and in advance or by way of 
reimbursement, with necessary adjustments on account of overpay-
ments or underpayments. 
"ADMINISTRATION OF STATE PLANS 
"SEC. 520B. (a) The Commissioner shall not finally disapprove any 
State plan submitted under this subpart or any modification thereof, 
without first affording the State educational agency reasonable notice 
and opportunity for a hearing. 
"(b) Whenever the Commissioner, after reasonable notice and 
opportunity for hearing to such State agency, finds— 
"(1) that the State plan has been so changed that it no longer 
complies with the provisions of section 520(a), or 
"(2) that in the administration of the plan there is a failure 
to comply substantially with any such provisions, 
Records. 
90 
PUBLIC LAW 90-35-JUNE 29, 1967 
[81 SIAT. 
the Ck>mmissioner shall notify such State agency that the State will not 
be regarded as eligible to participate in the program under this subpart 
until he is satisfied that tnere is no longer any such failure to comply. 
"JUDICIAL REVIEW 
"SEC. 520C. (a) If any State is dissatisfied with the Commissioner's 
final action with respect to the approval of its State plan submitted 
under section 520(a) or with his final action under section 520B (b), 
such State may, within sixty days after notice of such action, file with 
the United States court of appeals for the circuit in which such State is 
located a petition for review of that action. A copy of the petition shall 
be forthwith transmitted by the clerk of the court to the Commissioner. 
The Commissioner thereupon shall file in the court the record of the 
proceedings on which he based his action, as provided in section 2112 of 
72 Stat. 941. 
title 28, United Statcs Code. 
"(b) The findings of fact by the Commissioner, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause 
shown, may remand the case to the Commissioner to take further evi-
dence, and the Commissioner may thereupon make new or modifiied 
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 
62 Stat. 928. 
1254 of title 28, United States Code." 
E X T E N D I N G T E A C H E R F E L L O W S H I P PROGRAM TO I N C L U D E GRADUATE E D U C A -
T I O N FOR PRESCHOOL AND ADULT AND VOCATIONAL EDUCATION PER-
SONNEL 
SEC. 5. (a) The heading of part C of title V of the Higher Education 
20 us^c /i^ff- 
-^^^ ^^ ^^^^ ^^ amended by inserting "AND RELATED EDUCATIONAL 
1118. 
PERSONNEL" after "FELLOWSHIPS FOR TEACHERS". 
(b)(1) The first sentence of section 521 of the Higher Education 
Act of 1965 is amended (A) by striking out "elementary and secondary 
schools" and inserting in lieu thereof "schools", and (B) by inserting 
"or postsecondary vocational education" after "career in elementary 
or secondary education". 
(2) The second sentence of such section is amended by striking 
out "teacher education programs" and inserting in lieu thereof "pro-
grams for the education of teachers and related educational personnel". 
Definitions. 
^3^ ^^^ g^ mucli of the third sentence of such section as precedes 
the first comma therein is amended to read as follows: "For the pur-
poses of this part the term 'elementary and secondary education' 
includes preschool and adult and vocational education, and the term 
'career in elementary and secondary education or postsecondary voca-
tional education' means a career of teaching in elementary or secondary 
schools (including teaching in preschool and adult and vocational 
education programs) or in postsecondary vocational schools"; (B) the 
words "elementary or secondary schools", the second time these words 
occur in such third sentence, are changed to read "such schools"; and 
(C) the following is inserted in such sentence before the comma after 
"educational media": "(including educational and instructional tele-
vision and radio), child development". 
81 STAT.] 
PUBLIC LAW 90-35-JUNE 29, 1967 
91 
(c) Section 522 of such Act is amended to read as follows: 
79 
Stat. 1258. 
20 
use 1112. 
FELLOWSHIPS AUTHORIZED 
20 u s e 1115. 
"SEC. 522. The Commissioner is authorized to award fellowships 
in accordance with the provisions of this part for graduate study lead-
ing to an advanced degree for persons who are pursuing or plan to 
pursue a career in elementary and secondary education or postsec-
ondary vocational education." 
(d) (1) Paragraph (1) of section 523 of such Act is amended by 
^o use n u . 
striking out "Advisory Council on Quality Teacher Preparation" and 
inserting in lieu thereof "National Advisory Council on Education 
Professions Development". 
(2) Paragraph (2) of such section is amended by inserting "or post-
secondary vocational schools" after "elementary or secondary schools"; 
inserting "or postsecondary vocational education" after "elementary or 
secondary education"; and amending the term "career in elementary 
and secondary education", each time such term occurs, to read "career 
in elementary and secondary education or postsecondary vocational 
education". 
(e) (1) Section 524(b) of such Act is amended to read as follows: 
20 use 11 u. 
"(b) For the purpose of obtaining an appropriate geographical dis-
tribution of high-quality programs for the training of personnel for 
elementary or secondary education, the Commissioner is authorized 
to make grants to and contracts with institutions of higher education 
to pay part of the cost of developing or strengthening graduate pro-
grams which meet or, as a result of assistance received under this 
subsection will be enabled to meet, the requirements of subsection (a)." 
(2) Subsection (c) of section 524 is repealed. 
f^^l^^" 
(f) Subsection (b) of section 525 is amended to read as follows: 
"(b) The Commissioner shall (in addition to the stipends paid to 
persons under subsection (a)) pay to the institution of higher educa-
tion at which such person is pursuing his course of study such amount 
as the Commissioner may determine to be appropriate, not to exceed 
the equivalent of $2,500 per academic, year, but any amount charged 
such person for tuition and nonrefundable fees and deposits shall be 
deducted from the amount payable to the institution of higher educa-
tion under this subsection." 
(g) Section 528 of such Act is amended by inserting after "June 30, 
1''usc^nlr" 
1968," the following: "$195,000,000 for the fiscal year ending June 30, 
1969, and $240,000,000 for the fiscal year ending June 30, 1970,". 
N E W PARTS ADDED TO TITI.E V OF HIGHER EDUCATION ACT OF 19 0.5 
SEC. 6. Title V of the Higher Education Act of 1965 is further ^M^^^ ^°^^' 
amended by adding the following new parts at the end thereof: 
"PART D—IMPROVING TRAINING OPPORTUNITIES FOR PERSONNEL SERV-
ING IN PROGRAMS OF EDUCATION OTHER THAN HIGHER EDUCATION 
"ADVANCED TRAINING AND RETRAINING 
"SEC. 531. (a) The Commissioner is authorized to make grants 
to, or contracts with, institutions of higher education and State edu-
cational agencies, and to make grants to, or contracts with, local 
educational agencies if, after consultation with the State educational 
agency, such State agency is satisfied that the program or project will 
be coordinated with programs carried on under part B, for carrying 
^"^^- P- ^4. 
92 
PUBLIC LAW 90-35-JUNE 29, 1967 
fel 
STAT. 
out programs or projects to improve the qualifications of persons who 
are serving or preparing to serve in educational programs in elemen-
tary and secondary schools (including preschool and adult and voca-
tional education programs) or postsecondary vocational schools or to 
supervise or train persons so serving. 
"(b) Programs or projects under this section may include, among 
others— 
" (1) programs or projects to train or retrain teachers, or super-
visors or trainers of teachers, in any subject generally taught in 
the schools; 
"(2) programs or projects to train or retrain other educational 
personnel in sucli fields as guidance and counseling (including 
occupational counseling), school social work, child psychology, 
remedial speech and reading, child development, and educational 
media (including educational or instructional television or radio); 
"(3) programs or projects to train teacher aides and other non-
professional educational personnel; 
"(4) programs or projects to provide training and preparation 
for persons participating in educational programs for children of 
preschool age; 
"(5) programs or projects to prepare teachers and other edu-
cational personnel to meet the special needs of the socially, cul-
turally, and economically disadvantaged; 
"(6) programs or projects to prepare teachers and other edu-
cational personnel to meet the special needs of exceptionally gifted 
students; 
"(7) programs or projects to train or retrain persons engaging 
in programs of special education for the handicapped; 
" (8) programs or projects to provide inservice and other train-
ing and preparation for school administrators; 
"(9) programs or projects to prepare artists, craftsmen, scien-
tists, artisans, or persons from other professions or vocations, or 
homemakers to teach or otherwise assist in programs or projects 
of education on a long-term, short-term, or part-time basis. 
"(c) Grants or contracts under this section may provide for use of 
funds received thereunder only to pay the cost of— 
"(1) short-term or regular-session institutes; or 
"(2) other preservice and inservice training programs or proj-
ects designed to improve the qualifications of persons entering and 
reentering the field of elementary and secondary education or 
postsecondary vocational education, except that funds may not be 
used for seminars, symposia, workshops or conferences unless 
these are part of a continuing program of inservice or preservice 
training. 
"(d) The Commissioner may include in the terms of any grant or 
contract under this section provisions authorizing the payment, to 
persons participating in training programs supported under this sec-
tion, of such stipends (including allowances for subsistence and other 
expenses for such persons and their dependents) as he may determine, 
which shall be consistent with prevailing practices under comparable 
federally supported programs. 
"APPROPRIATIONS AUTHORIZED 
"SEC. 532. There is authorized to be appropriated to carry out this 
part the sum of $70,000,000 for the fiscal year ending June 30, 1969, 
and the sum of $90,000,000 for the fiscal year ending June 30, 1970. 
72 Stat. 1590. 
20 u s e 461-465. 
81 STAT. ] 
PUBLIC LAW 90-35-JUNE 29, 1967 
93 
"PART ¥J—TRAINIXO 
PROGRAMS FOR IIKJIIER Em (AITON PERSONNEL 
"PROGRAMS AND PROJECTS 
"SEC. 541. (a) The Commissioner is authorized to make grants to, 
or contracts witli, institutions of liigher education to assist them in 
training jiersons who are serving or preparing to serve as teachers, 
administrators, or educational specialists in institutions of higher 
education. 
"(b) Grants or contracts under this section may provide for use 
of funds received thereunder only to assist in covering the cost of 
courses of training or study (including short-term or regular-session 
institutes and other preservice and inservice training programs) for 
such persons, and for establishing and maintaining fellowships or 
traineeships, except that funds may not be used for fellowsliips which 
are eligible for support under title IV of the National Defense Educa-
tion Act of 1958, or for seminars, conferences, symposia, and work-
shops unless these are part of a continuing program of inservice or 
preservice training. 
"(c) The Commissioner may make a grant to or enter into a con-
tract with an institution of higher education only upon application 
by the institution and only upon his finding that such program will 
substantially improve educational opportunities throughout the Na-
tion for training for persons who have or are preparing to undertake 
teaching or administrative responsibilities in institutions of higher 
education or the responsibilities of an educational specialist in such 
institution. 
"STIPENDS 
"SEC. 542. The Commissioner may include in the terms of any 
arrangement with an institution of higher education under this part 
provisions authorizing the payment, to persons participating in train-
ing programs supported under this part, of such stipends (including 
allowances for subsistence and other expenses for such persons and 
their dependents) as he may determine, which shall be consistent with 
prevailing practices under comparable federally supported programs. 
"APPROPRIATIONS AUTHORIZED 
"SEC. 543. There is authorized to be appropriated to carry out this 
part the sum of $21,500,000 for the fiscal year ending June 30, 1969, 
and the sum of $36,000,000 for the fiscal year ending June 30, 1970." 
LIMITATION 
SEC. 7. The Higher Education Act of 1965 is further amended by 
inserting before the period at the end of section 508 (as redesignated 
by section 2(b) of this Act) the following words: "or training for a H us^c/o92^.' 
religious vocation or to teach theological subjects". 
SHORT TITLE OF TITLE V OF HIGHER EDUCATION ACT OF 1 {)(>.-> 
SEC. 8. Title V of the Higher Education Act of 1965, as amended by 
this Act, is further amended by adding at the end of part A thereof the 
following new section: 
" S H O R T TITLE 
"SEC. 509. This title may be cited as the 'Education Professions 
Development Act'." 
Ante, 
p. 82. 
04 
PUBLIC LAW 90-36-JUNE 29, 1967 
fel 
STAT. 
EFFECTIVE DATES 
SEC. 9. (a) The amendments to title V of the Higher Education 
Act of 1965 made by the foregoing sections of this Act shall be effective 
with respect to fiscal years beginning after June 30, 1968, except that 
the following amendments made by this Act shall take effect on the 
date of enactment of this Act: 
(1) The redesignation of section numbers made by section 2 of 
this Act. 
(2) The repeal (by section 2(c) of this Act) of section 501 of 
title V of the Higher Education Act of 1965 (which provides for 
an Advisory Council on Quality Teacher Preparation) and the 
enactment, ui lieu thereof, of section 501 (Statement of Purpose) 
and section 502 (National Advisory Council on Education Profes-
sions Development) of such title; and the conforming amendment 
to section 523(1) of such title V made by section 5(d) (1) of this 
Act. 
(3) The enactment (by section 2(c) of this Act) of ^section 507 
of title V of the Higher Education Act of 1965 (relating to 
experts and consultants), and the concomitant repeal (by sec-
tion 5(e) of this Act) of subsection (c) of section 524 of such 
title V. 
(4) The amendments made by sections 3, 7, and 8 of this Act. 
(b) Nothing in this section shall be construed to preclude advance 
planning and dissemination of information by the Commissioner of 
Education with respect to amendments the effective date of which is 
deferred by this section. 
Approved June 29," 1967. 
Public Law 90-36 
June 29, 1967 
^ N ACT 
[H. R. 4880] 
rj^^j extend the time within which certain requests may be tiled under the Tariff 
Schedules Technical Amendments Act of 1965. 
Be it enacted hy the Senate and Houne of Representatives 
of the 
Tariffs; Social 
United States of America in Conqress asseniNed, That subsection (b) 
Security provi- 
~ 
. 
,. •' - 
— 
. ^. .^ . 
S' . 
— 
. 
. 
_ ' . 
- 
. 
^ '» 
sions 
1202 note. 
1313 
of section 2 of the Tariff' Schedules Technical Amendments Act of 
i^9usc prec. 
iQgs (Public Law 89-241; 79 Stat. 933) is amended by striking out 
"on or before the 120th day after the date of the enactment of this 
Act," and inserting in lieu thereof *'on or before September 30, 1967,". 
42^use 607, 
SKC. 2. Sections 407 and 1113(d) of the Social Security Act and 
sections 135(e), 155(b), and 202(e) of the Public Welfare Amend-
42 use 608 note, nicnts of 1962, as amended, are each amended by striking out "June 30, 
603 note. 
jg^^„ ^^^^^ inserting in lieu thereof "June 30, 1968", and that section 
42 use 1315. 
1115 of the Social Security Act is amended by striking out "July 1, 
1967" and inserting in lieu thereof "July 1,1968". 
Approved June 29, 1967.