S. 3163 A BILL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP78-06365A000200060020-3
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 38
• Document Creation Date: December 9, 2016
• Document Release Date: November 9, 1998
• Sequence Number: 20
• Publication Date: January 28, 1958
• Content Type: REGULATION

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85TH CONGRESS
2D SESSION
S. 3163
IN THE SENATE OF THE UNITED STATES
JANUARY 28 (legislative day, JANUARY 27), 1958
Mr. SMITH of New Jersey (for himself, Mr. ALLOTT, Mr. Busty, Mr. (1AsE of
New Jersey, Mr. COOPER, Mr. IvEs, Mr. PAYNE, Mr. PURTELL, Mr. THYE,
Mr. JAVrrs, and Mr. WILEY) introduced the following bill; which was read
twice and referred to the Committee on Labor and Public Welfare
A BILL
To encourage and assist in the- expansion and improvement of
educational programs to meet critical national needs through
the early identification of student aptitudes, strengthening of
counseling and guidance services in public high schools, pro-
vision of scholarships for able students needing assistance to
continue their education beyond high school; strengthening
of science and mathematics instruction in the public schools ;
expansion of graduate programs in colleges and universities,
including fellowships; improvement and expansion of modern
foreign language teaching; improving State educational
records and statistics; and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 That this Act may be cited as the "Educational Development
4 Act of 1958".
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1 TITLE I-IDENTIFICATION OF APTITUDES AND
2 ENCOURAGEMENT OF ABLE STUDENTS
3 PART A-TESTING AND COUNSELING AND GUIDANCE
4 AUTHORIZATION OF APPROPRIATIONS
5 SEC. 101. There are hereby authorized to be appro-
6 priated for the fiscal year ending June 30, 1959, and each
7 of the three succeeding fiscal years, for grants to States
8 under -this part, such sums as the Congress may determine.
9 ALLOTMENTS
10 SEC. 102. From the sums appropriated pursuant to
11 section 101 for any fiscal year, the Commi$ssioner of Edu-
12 cation shall allot to each State an amount equal to $1.25
13 multiplied by the number of students enrolled in grades 9,
14 10, 11, and 12 in public or other nonprofit schools in the
15 State. The -remainder of such sums shall be allotted by the
16 Commissioner among the States on the basis of their rela-
17 tive numbers of students enrolled in grades' 9, 10, 11, and
18 12 in public schools; except that if the amount so allotted
19 to any State from such remainder is less than $5,000, it
shall be increased to that amount, with the amounts so
allotted to other States being proportionately reduced.
PAYMENTS TO STATES; EXPENDITURES COVERED
SEC. 103. (a) From the total allotted! o a State for a
fiscal year under section 102, the Commiss ioner shall from
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1 time to time pay to such State an amount equal to one-half
2 of the expenditures for such year under the State plan ap-
3 proved under section 104-
4 (1) for testing of students in public or other non-
5 profit elementary or secondary schools to determine their
6 aptitudes and abilities, and for maintaining, for students
7 in public elementary or secondary schools, cumulative
8 records of the results of such tests and other information
9 pertinent to the educational progress of the students,
10 (2) (A) for salaries of additional supervisors of
11 counseling and guidance personnel, (B) for counseling
12 and guidance training, either directly or through public
13 or other nonprofit institutions, of persons who are em-
14 ployed full time or part time by the State educational
15 agency or a local educational agency in counseling and
16 guidance of students in public secondary schools, or who
17 are preparing for such employment, and (C) for
18 salaries of additional counseling and guidance personnel,
19 and
20 (3) for the necessary cost of administering the
21 State plan.
22 For purposes of this section and section 104, the term,
23 "counseling and guidance personnel" includes only those
24 who are exclusively or principally engaged in counseling
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1 and guidance of students in public secondary schools and
2 who meet the requirements for full, regular,' or standard
3 certification by the State for engaging in such work.
4 (b) In any State which has a State plan approved
5 under section 104 and in which the State educational agency
6 is not authorized by law to make payments to cover the
7 cost of testing students in any one or more nonprofit private
.8 schools to determine student abilities and aptitudes, the
9 Commissioner shall reserve from the amount allotted to such
10 State under section 102 for a fiscal year an amount equal
.11 to $1.25 multiplied by the number of students enrolled in
12 grades 9, 10, 11, and 12 in such schools. The amount so
13 reserved shall be available, if students in public schools in
14 such State are tested during such year under the State plan
15 approved under section 104, exclusively for, payment of
16 one-half of the expenditures incurred for such year in the
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20.
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testing of students in such private schools, except that
such payment, in the case of any school for any year, may
not exceed $1.25 multiplied by the number cif students in
such school enrolled, during the year of the testing, in grades
9, 10, 11, and 12. The Commissioner shall make arrange-
ments for .such: ,testing which shall, so far a practicable,
be. comparable to, and be done at the same: grade levels
and under the same conditions as in the case of, testing of
students in public schools under the State plan.
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1 STATE PLANS
2 SEC. 104. The Commissioner shall approve a State plan
3 for testing and counseling and guidance of high-school
4 students which-
5 (a) provides for administration of the plan by the
6 State educational agency;
7 (b) sets forth the State's programs and methods for
8 the testing of students (which shall include provision for
9 the testing during each year of at least (1) all students
10 in grade 9 or all students in a lower grade, and (2) all.
11 students in grade 11 or all students in grade 12) , - for-
12 the maintenance of testing and other student records;
13 and for strengthening counseling and guidance of
14 students ;
15 (c) sets forth minimum qualifications for counsel
16 ing and guidance personnel;
17 (d) provides such accounting, budgeting, and other
18 fiscal methods and procedures as are necessary for the
19 proper and efficient administration of the plan; and
20 (e) provides that the State educational agency will
21 make such reports to the Commissioner, in such form and'
22 containing such information, as are reasonably necessary
23 to enable the Commissioner to perform his functions`
24 under this part.
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1 COUNSELING AND GUIDANCE TRAINING INSTITUTES
2 SEC. 105. There are hereby authorized to be appro-
3 priated for the fiscal year ending June 30, 1959 and each
4 of the three succeeding fiscal years, such sums as the Con-
5 gress may determine, to enable the Commissioner of Educa-
6 tion -to arrange, by grants to or contracts with institutions
7 of higher education, for the operation by them of short-term
8 and regular session institutes for the provision of training
9 to improve the qualifications of personnel engaged in counsels
10 ing and guidance of students in public or other nonprofit
11 secondary schools, and for payment of stipends ' to such per-
12 sonnel while attending such institutes, including allowances
13 for dependents and for travel to and from their places of
14 residence.
15 PART B-UNDERGRADUATE SCHOLARSHIPS
16 AUTHORIZATION OF APPROPRIATIONS
17 SEC. 121. In order to provide an incentive to able stu-'
18 dents, who need financial assistance therefor, to continue their
19 education at institutions of higher education and thereby in-
20 crease the Nation's supply of manpower trained at such insti-
21 tutions, there are hereby authorized to be appropriated for
22 scholarships for the fiscal year ending June 30, 1959, the
23 sum of $7,500,000; for the fiscal year -ending June 30, 1960,
24 the sure of $15,000,000; for the fiscal year ending June 30,
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1 1961, the sum of $22,500,000; for the fiscal year ending
2 June 30, 1962, the sum of $30,000,000; and for each of the
3 three succeeding fiscal years such sums as may be necessary to
4 continue scholarships for persons receiving scholarship pay-
5 ments from the appropriations for a prior year.
6 ALLOTMENTS
7 SE c. 122. (a) The Commissioner shall for the fiscal year
8 ending June 30, 1959, allot the sums appropriated for such
9 year under section 121 among the States on the basis of their
10 relative numbers of graduates from public.or other nonprofit
11 secondary schools, as determined by the Commissioner for
12 such year for each State on the basis of the number of grad-
13 uates from such schools in such State for the most recent year
14 for which satisfactory data for such State are available to him.
15 For purposes of this section, a graduate is an individual who
16 meets the requirements of section 124 (a.) (2) (A) .
17 (b) The Commissioner shall for each of the three suc-
18 ceeding fiscal years estimate the total sum from the appro-
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priation under section 121 for such year which is necessary
for making payments to individuals who have previously
received scholarship payments. He shall, in accordance with
regulations prescribed by him, allot such sum among the
States on the basis of (1) the aggregate amount paid from
the appropriation for the preceding fiscal year to recipients
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1 of scholarships from each State, and (2) his estimate of
2 changes in the number of such individuals from each State
3 who will be eligible for continuing payments.
4 (c) The remainder of such appropriation for the fiscal
5 year ending June 30, 1960, or any of the two succeeding
fiscal years, shall be allotted among the States by the Com-
missioner on the same basis as is provided in dubsection (a)
of this section. The total appropriation under section 121
for the fiscal year ending June 30, 1963, and each of the
two succeeding fiscal years, shall be allotted by the Com-
missioner among the States on the same basis as is provided
in subsection (b) of this section.
(d) The amount allotted pursuant to subjection (a) or
the first sentence of subsection (c) shall bo available for
15 payments to individuals awarded scholarships who have not
16 received such payments from the appropriation for any prior
17 year. The amount allotted under subsectio (b) or the
18 second sentence of subsection (c) shall be available for pay-
19 ments to individuals who have received such payments from
20
the appropriation for a prior year.
STATE COMMISSIONS AND PLANS
SEC. 123. (a) There are hereby authorized to be appro-
priated for the fiscal year ending June 30, 1959, and each
24 of the six succeeding fiscal years, such sums a8 the Congress
25 may determine, for payment to the States of one-half of
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1 the necessary cost of administering State plans approved
2 under this part.
3 (b) Any State desiring to participate in the administra-
4 tion of the scholarship program under this part may do so
5 by establishing a State commission on Federal scholarships
6 or designating an existing agency of the State to serve as
7 the State commission on Federal scholarships, and by sub-
8 mitting, through such commission, a State plan for carry-
9 ing out the purposes of this part which is approved by the
10 Commissioner under this section. The Commissioner shall
11 approve any such plan which-
12 (1) provides that it shall be administered by the
13 State commission on Federal scholarships (hereinafter
14 in this part referred to as the "State commission") ;
15. (2) provides for the selection of individuals to re-
16 ceive scholarships from among eligible applicants there-
17 for, and for determination of the amount of such scholar-
18 ships, in accordance with standards, procedures, and
19 criteria., established by the State commission, which the
20 Commissioner finds provide reasonable assurance (A)
21 that, except as provided pursuant to clauses (B) and
22 (C) hereof, selection of individuals to receive scholar-
23 ships under this part will be based on ability to pursue
24 successfully, at an institution of higher education, a
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1 course of study leading to a bachelor's degree, deter-
2 mined after taking into account the results of tests and
3 other evidence of ability collected pursuant to the State
4 plan (if any) approved under section 104, (B) that
5 preference will be given in the selection of such indi-
6 viduals to those with good preparation in or high apti-
7 tude for mathematics or science, (C) (i) that only in-
8 dividuals who need financial assistance to continue their
9 education at institutions of higher education will be
10 selected for scholarships, which need shall be determined
11 without regard to the tuition, fees, and other expenses
12 of attendance at the institution of higher education
13 chosen by the individual, (ii) that the amount of each
14 individual's scholarship each year will be based on his
15 financial need, also determined without regard to such
16 tuition, fees, and other expenses, and (iii) that the
17 maximum scholarship allowable under the plan shall be
18 $1,000, and (D) that any eligible applicant who is not
19 living in any State is provided a reasonable opportunity
20 to be selected for a scholarship;
21 (3) provides for certification to the Commissioner
22 of (A) individuals selected pursuant to the State plan
23 for scholarships and the amount thereof, and (B) the
24 financial need of individuals previously awarded such
25 scholarships (and tale amount of their scholarships) , as
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1 determined in accordance with the State standards,
2 procedures, and criteria established as provided in sub-
3 paragraph (2) ;
4 (4) provides such accounting, budgeting, and other
fiscal methods and procedures as are necessary for the
proper and efficient administration of the State plan;
and
8 (5) provides for the making of such reports, in
9 such form and containing such information, as are rea.
10 sonably necessary to enable the Commissioner to per-
11 form his functions under this part.
12 (c) In connection with his review of a State plan sub-
13 nutted for approval pursuant to this se tion and his approval
14 thereof, the Commissioner shall provide technical assistance
15 and advice to the State for the purpose of promoting effective
16 coordination between the State's scholarship program under
17 this part and the testing and counseling and guidance pro-
18 grams of the State.
19 ELTGIBILITY FOR AND AWARD OF SCHOLARSHIPS
20 SFC. 124. (a) An individual shall be eligible to apply
21 for it scholarship in any State if he (1) is living in such
22 State or, if not living in any State, is domiciled in such State,
23 and (2) (A) holds a certificate of graduation, based on com-
24 pletion of the twelfth grade, from any secondary school
25 whose graduates meet the requirements established by the
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1 State for graduation from secondary schools accredited by
2 the State in which such school is located, or (B) in the
3 case of an individual who does not hold such a certificate,
4 is determined by the State commission for the State in which
5 lie is living (or, if not living in any State, for the State iii
6 which he is domiciled) to have attained a level of advance-
7 went generally accepted as constituting the equivalent of
8 that required for graduation from such a secondary school.
9 (b) Within the limits of a State's allotment under sub-
10 section (a) of section 122, or under the first sentence of sub-
11 section (c) of such section, for a fiscal year and subject to
12 the provisions of such subsection, the Commissioner shall
13 award scholarships to individuals certified to him by the State
14 commission of the State as having been selected therefor in
15 accordance with the State plan approved under section 123.
16 Applicants selected for scholarships pursuant to such plan,
17 and applicants who, on the basis of ability, were rated above
18 the last applicant receiving a scholarship and who failed to
19 receive one solely because of their lack of need for financial
20 assistance to continue their education at institutions of higher
21 education, shall be awarded appropriate certificates by the
22 Commissioner.
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i)ui?,A,rION OF SCHOLARSHIPS
SEC. 125. (a) A scholarship awarded. under this title
shall be for the period, not in excess of tour acadelluc years,
required for the recipient, to complete the wort: for his
first bachelor's degree.
(b) An individual to whom A scholarship has been
awarded shall continue to receive payments in the amounts
and for the periods of time authorized under the preceding;
provisions of this part only-
(1) if and to the extent the State commission by
which he was selected finds him to be in financial need,
as determined annually in accordance with the State
plan approved under section 123, and
(2) if the Commissioner finds that he
is enrolled
in an institution of higher education and devotes himself
as a full-time student to educational work in attend-
(a nee at such institution and maintains satisfactory stand-
ing there, except that failure to be in attendance at an
institution during vacation periods, or, for good and suffi-
cient reasons determined in accordance with regulations
of the Commissioner, for such other periods as may be
permitted in such regulations (during which periods he
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1 shall receive no stipend payments) , shall not be deemed
2 contrary to the provisions of this subparagraph.
3 ADJUSTMENT FOR OTHER FEDEFAL EDUCATIONAL
4 ASSISTANCE
5 SEC. 126. The Commissioner shall by regulation, pre-
6 scribed after consultation with the other Federal agency or
7 agencies concerned, provide for such adjustment (including,
8 where appropriate, total withholding) of scholarship pay-
9 meats under this part as may be necessary to avoid dupli-
10 cation of educational assistance received under programs
11 administered by such agencies.
12 SELECTION OF INSTITUTION
13 SEC. 127. An individual awarded a scholarship under
14 this part may attend any institution of higher education
which admits him.
PAYMENT OF SCIiOLARSIIIPS
SEC. M. The Commissioner shall from time to time
arrange for the payment of the amounts due recipients of
scholarships under this part, in such installments as lie may
determine.
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1 TITLE II-GRANTS TO STATES FOR STRENGTH-
2 ENING SCIENCE OR MATHEMATICS INSTRUC-
3 TION IN PUBLIC SCHOOLS
4 PART A-STRENGTIIENING SUTPERVISORY, TEACHER-TRAIN-
5 ING, AND RELATED ACTIVITIES OF STATE EDUCA-
6 TIONAL AGENCIES
AUTIIORI7ATION OF APPROPRIATIONS
8 SEC. 201. For the purpose of assisting State educational
9 agencies to strengthen their supervisory, teacher-training,
10 and related activities in support of science or mathematics
11 instruction in public elementary or secondary schools there
are hereby authorized to be appropriated, for grants to States
for such purpose, for the fiscal year ending June 30, 1959,
and the three succeeding fiscal years, not to exceed $15,000,-
000 annually.
ALLOTMENTS
SEc. 202. The sums appropriated pursuant to section
201 for any fiscal year shall be allotted by the Commissioner
among the States on the basis of their relative numbers of
students enrolled in grades 1 to 12, both inclusive, in public
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1 schools; except that if the amount so allotted to any State
2 is less than $5,000 it shall be increased to that amount, with
3 the amounts so allotted to other States being proportionately
4 reduced.
5 I'A.l'Mt+)N'I`S To ?'PATES
6 SEC. 203. From each State's allotment for a fiscal year
7 utider section 202, the Commissioner shall from time to time
8 pay to such State an amount equal to one-half of the expendi-
9 tunes for such year under the expansion or improvement
10 programs included in the State plan approved tinder section
11 204, plus one-half of the necessary cost of administering the
12 State plan for such year.
13 STATE PLANS
14 S
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Ec. 204. the Comnnissloner shall approve, for the
purposes of this title, a State plan which-
(a) provides for administration of the plan by the
State educational agency;
(b) sets forth the expansion or improvement pro-
grains to be carried on tinder the State plan, which shall
include programs for expansion or improvement-
(1) of supervision by the State educational
agency of instruction in science and mathematics
in public elementary or secondary schools,
(2) of studies and demonstrations designed to
modernize science or mathematics curricula, in
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structional materials, and classroom or laboratory
equipment in public elementary or secondary
schools, and
(3) of preservice undergraduate teacher-
5 training in science and mathematics and training to
6 improve the qualifications to teach such subjects of
7 persons engaged, in public elementary or secondary
8 schools, in teaching science or mathematics,
9 and which may include programs for expansion or im-
10 provement of other activities of the State educational
11 agency in support of science or mathematics instruction
12 in public elementary or secondary schools;
13 (c) shows the methods for carrying out such
14 programs;
15 . (d) provides such accounting, budgeting, and other
16 fiscal methods and procedures as are necessary for the
17 proper and efficient administration of the State plan;
18 and
19 (e) provides that the State educational agency
20 will make such reports to the Commissioner, in such
21 form and containing such information, as are reasonably
22 necessary to enable the Commissioner to perform his
23 functions under this title.
24 For purposes of this subsection, only that portion of an
S.31(i3 3
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1 existing program -which the Commissioner finds is an addi-
2 tion to or expansion of such program shall :be deemed to be
3 an expansion or improvement program.
4 PART B-STRENGTHENING SCIENCE OR MATHEMATICS
5 INSTRUCTION IN PUBLIC SECONDARY SCHOOLS
6 AUTHORIZATION OF APPROPRIATIONS
7 SEC. 221. For the purpose of assisting local educational
8 agencies to expand and improve science or mathematics in-
9 struction in their public secondary schools, .there are hereby
1,0 authorized. to be appropriated, for. grants to States for such
11 purpose, for the fiscal year ending June 30, 1959, and the
12 three succeeding fiscal -years, not to exceed $150,000,000
13 annually.
14 ALLOTMENTS
15 SEC. 222. The sums appropriated pursuant to section
16 221 for any fiscal year shall be allotted by the Commissioner
17 among the States on the basis of their relative numbers of
18 students enrolled in grades 9, 10, 11, and 12 in public
19 schools.
20 PAYMENTS TO STATES
21 SEC. 223. (a) From. a State's allotment for a fiscal
22 year under section 222, the Commissioner shall from time to
23 time pay to such State an amount equal to one-half of the
24 expenditures for such year under programs of local educa-
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1 tional agencies approved by the State educational agency
2 under the State plan approved under section 204.
3 (b) Payments may be made under subsection (a) with
4 respect to any program of a local educational agency in any
5 State only if--
6 (1) such State has a State plan approved under
7 section 204;
8 (2) such plan sets forth minimum qualifications
9 for science or mathematics teachers and requires such
10 qualifications to be met by any teacher whose compensa-
11 tion is paid or increased under such a program; and
12 (3) such plan sets forth criteria, standards, and
13 procedures to be followed by the State educational
14 agency in approving programs of local educational
15 agencies for-
16 (A) the employment of additional qualified
17 science or mathematics teachers,
18 (B) increasing the rate of compensation for
19 science or mathematics teachers or increasing the
20 amount of their compensation to reflect additional
21 work, but not counting, for purposes of this part,
22 any increase (i) paid prior to approval, under the
23 State plan approved under section 204, of the pro-
24 gram under which it is paid, or (ii) paid pursuant
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1 to any law or other provision in effect prior to
2 July 1, 1958,
3 (C) provision of laboratory and related special
4 equipment necessary for teaching science or mathe-
5 matics, and minor remodeling of laboratory or other
6 space used for such equipment, or
7 (D) expanding or improving science or mathe-
8 matics teaching in public secondary schools through
9 any activities or expenditures not involving salaries
10 of science or mathematics teachers, provision of
11 equipment, or capital outlay (but for purposes of
12 this subparagraph, only that portion of an existing
13 program which the State educational agency finds
14 is an addition to or expansion of such program shall
15 be deemed to be a program for expanding or im-
16 proving science or mathematics teaching in public
17 secondary schools) .
18 For purposes of this section and section 204, the term
19 "science or mathematics teacher" means a teacher who is
20 exclusively or principally engaged in teaching science or
21 mathematics in public secondary schools or in supervising
22 such teachers in public elementary or secondary schools.
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1 TITLE III-FOREIGN LANGUAGE DEVELOPMENT
2 FOREIGN LANGUAGE INSTITUTES
3 SEc. 301. (a) The Commissioner is authorized to ar-
4 range, through grants to or contracts with institutions of
5 higher education, for the operation by them, during the period
6 beginning July 1, 1958, and ending with the close of June
7 30, 1962, of short-term and regular session institutes for ad-
8 vanced training, particularly in the use of new teaching meth-
9 ods and instructional materials, for individuals who are en-
10 gaged in or preparing to engage in the teaching, or
11 supervising or training teachers, of any modern foreign
12 language in public or other nonprofit elementary or secondary
13 schools or in institutions of higher education.
14 (b) A grant or contract pursuant to this section may
15 cover all or any part of the cost of the institute with respect
16 to which it is made, and may be made on such conditions as
17 the Commissioner finds necessary to carry out the purposes of
18 this section.
19 (c) The Commissioner is also authorized during the pe-
20 riod beginning July 1, 1958, and ending with the close of
21 June 30, 1962, to pay stipends to individuals attending any
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1 institute established under this section, including allowances
2 for dependents and for travel to and from their places of resi-
3 dente.
FOREIGN LANGUAGE CENTERS
SEC. 302. (a) The Commissioner is authorized, through
grants to or contracts with institutions of higher education,
to assist such institutions, during the period beginning July
1, 1958, and ending with the close of June 30, 1962, in
the establishment and operation of centers for the teaching
of any foreign language with respect to which the Commis-
sioner determines (1) that individuals trained in such lan-
guage are needed by the Federal Government or by busi-
ness, industry, or education in the United States, and (2)
that adequate instruction in such language is not readily
available in the United States. Any such grant or contract
may cover not more than 50 per centum of the cost of such
establishment and operation and shall be made on such
conditions as the Commissioner finds necessary to carry out
the purposes of this section.
(b) The Commissioner is also authorized, during the
period beginning July 1, 1958, and ending with the close
of June 30, 1962, to pay stipends to individuals undergoing
advanced training in any foreign language (with respect
to which he makes the determination under clause (1) of
subsection (a) ) at any short term or regular session of any
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1 institution of. higher education, including allowances for
2 dependents and for travel to and from their places. of resi-
3 dence, but only upon reasonable assurance that the recipi-
4 ents of such stipends will, on completion of their training,
5 be available for teaching a foreign language in an institution
6 of higher education.
7 RESEARCH AND STUDIES
8 SEC. 303. The Commissioner is authorized, directly or
.9 by contract, to make studies and surveys to determine the
10 need for increased or improved training in foreign languages,
11 to conduct research on more effective methods of teaching
12 foreign languages, and to develop specialized materials for
13 use in the teaching of foreign languages or in training
14 teachers thereof.
15 NATIONAL ADVISORY COMMITTEE ON FOREIGN LANGUAGES
16 SEC. 304. (a) There is hereby established a National
17 Advisory Committee on Foreign Languages, consisting of
18 twelve members appointed, without regard to the civil-
19 service laws, by the Commissioner with the approval of the
20 Secretary of Health, Education, and Welfare. The mem-
21 bers shall be selected so as to provide a broad representation
22 from among persons who are recognized for their knowledge
23 or interest in various foreign languages, institutions of higher
24 education engaged in teaching foreign languages or training
25 teachers thereof, and the general public. The Committee
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1 shall annually select one of its members to serve as
2 Chairman.
3 (b) Members. of the Committee, while attending con-
4 ferences or meetings of the Committee, shall be entitled to
5 receive compensation at a rate to be fixed by the Secretary
6 of Health, Education, and Welfare but not exceeding $50
7 per diem, and while away from their homes or regular places
8 of business they may be allowed travel expenses, including
9 per diem in lieu of subsistence, as authorized by law for
10 persons in the Government service employed intermittently.
11 (c) The Committee shall advise, consult with, and
12 make recommendations to the Commissioner on matters of
13 policy or general administration under this title.
14 TITLE IV-EXPANSION OF GRADUATE
15 EDUCATION
16 GRANTS AUTHORIZED
17 SEC. 401. For the purpose of assisting institutions of
18
19
20
21
22
23
25
higher education to establish new or expand existing pro-
grams of graduate education, there are hereby authorized
to be appropriated for the fiscal year ending June 30, 1959,
and each of the five succeeding fiscal years, for grants to
such institutions, such sums as the Congress may determine.
ELIGIBLE PROGRAMS
SEC. 402. Grants under this title may be made by the
Commissioner only with respect to a program of graduate
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1 education (1) which is for students who have been awarded
2 a, bachelor's or master's degree or a professional degree, and
3 (2) which leads to a degree of doctor of philosophy or an
4 equivalent degree.
AMOUNT AND CONDITIONS OF PAYMENTS
G Sno. 403. (a) Grants under this title may be made by
7 the Commissioner on such conditions as he finds necessary
S to carry out the purposes of this title. Any such grant to an
9 institution may not exceed (1) (A) one-half of the cost of
salaries of additional faculty members needed for new pro-
grams or the expansion of existing programs and of increases
in salaries of existing faculty members to reflect additional
duties occasioned by such new programs or the expansion of
existing programs, and other costs attributable to the estab-
lishment of new programs or the expansion of existing pro-
grams, including overhead costs and costs of equipment, or
(B) if the institution so elects with respect to a graduate
program, an amount equal to $500 multiplied by the number
of fellowships in such program awarded pursuant to this
section, and (2) the cost of fellowships for graduate students
enrolled in a new graduate program or whose enrollment con-
stitutes an increase in enrollment in a graduate program.
Such fellowships, including allowances for dependents, shall
be in such amounts as may be permitted in regulations of
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1 the Commissioner; shall be awarded annually by the insti-
2 tution, under criteria which are approved by the Commis-
3 sioner and provide preference for individuals who are inter-
4 ested in teaching in institutions of higher education, and shall
5 be renewable to the extent necessary to enable the recipient
6 to secure the degree awarded at the completion of the course
7 of study of the graduate program involved.
8 (b) Notwithstanding the preceding provisions of this
9 section (1) no fellowships may be for more than three aca-
10 dernic years, (2) no fellowship may be awarded for a
11 course of study beginning after June 30, 1962, or extend-
12 ing beyond June 30, 1964, (3) the total of the payments
13 to any institution to cover the costs described in clause (1)
14 of subsection (a) for any fiscal year may not exceed
15 $125,000, and (4) payments of the amounts referred to
16 in clause (1) of subsection (a) may not be made for any
17 period after June 30, 1962.
18 NATIONAL ADVISORY COMMITTEE ON GRADUATE
19 EDUCATION
20 SEC. 404. (a) There is hereby established a National
21 Advisory Committee on Graduate Education, consisting of
22 twelve members appointed, without regard to the civil-service
23 laws, by the Commissioner with the approval of the Secre-
24 tary of Health, Education, and Welfare. The members shall
25 be selected so as to provide a broad representation from
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1 among various graduate fields, institutions of higher edu-
2 cation with programs of graduate education, and the general
3 public. The Committee shall annually elect one of its meni-
4 hers to serve as chairman.
5 (b) Members of the Committee, while attending con-
6 ferences or meetings of the Committee, shall be entitled to
7 receive compensation at a rate to be fixed by the Secretary
8 of Health, Education, and Welfare, but not exceeding $50
9 per diem, and while away from their homes or regular places
10 of business they may be allowed travel expenses, including
11 per diem in lieu of subsistence, as authorized by law for
12 persons in the Government service employed intermittently.
13 (c) The Committee shall advise, consult with, and make
14 recommendations to the Commissioner on matters of policy or
15 general administration under this title.
t6 TITLE VT-(GENERAL Ply O VISIONS
17 IMPROVEMENT OF STATJ STICAL SERV i CES OF STATE EDTT-
CATIONAL AGENCIES
SEc. 501. (a) For the purpose of assisting the States
to improve and strengthen the adequacy and reliability of
educational statistics provided by State and local reports and
records and the methods and techniques for collecting and
processing educational data and disseminating information
about the condition. and progress of ed-ication in the States,
there are hereby authorized to be appropriated for the fiscal
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1 year ending June 30, 1959, and each of the three succeeding
2 fiscal years, for grants to States under this section, such sums
3 as the Congress nrny determine.
4 (b) 0ra.nis under this action by the C'on~xnissioi~ar shall
5 be equal to oiio-half of the cost of State educational agency
6 programs to carry out the purposes of this section, hicluding.
7 (1) improving the collection, analysis, and reporting of
S statistical data supplied by local educational units, (2) the
9 development of accounting and reporting manuals to serve
10 as guides for local educational units, (3) the conduct of
11 conferences and training for personnel of local educational
1.2 units and of periodic reviews and evaluation of the program
13 for records and reports, (4) improving methods for ob-
14 taining, from other State agencies within the State, edu-
15 cational data not collected by the State educational agency,
16 or (5) expediting the processing and reporting of statistical
1.7 data through installation and operation of mechanical equip-
18 ment. The total of the payments to any State under this
19 section for any fiscal year may not exceed $50,000.
20 (c) Payments with respect to any program of a State
21 educational agency under ,this section may be made (1) only
22 to the extent it is a, new program or an addition to or ex-
93 pansion of an existing program, (2) only if the State has
24 provided reasonable assurance that the State educational
25 agency will comply with requests of the Commissioner for
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1. information required in the conduct of surveys or studies
2 of the Office of Education, and (3) on such conditions as the
3 Commissioner finds necessary to carry out the purposes of
4 this section.
5 WITIIIIOLDING OF FUNDS AND JUDICIAL REVIEW
6 SEC. 502. (a) Whenever the Connnissioner, after rea-
7 sonable notice and opportunity for hearing ,to a State educa-
S tional agency (or State commission in the case of part B of
9 title I), finds that-
10 (1) the State plan of such State, approved as conl-
11 plying with the requirements of section 104, 123, or
12 204, as the case may be, has been so changed that it
13 no longer complies with such requirements (or the re-
14 quirements of section 223 (b) in the case of the plan
15 approved under section 204), or
16 (2-) in the administration of the plan there is It
17 failure to comply substantially with any such require-
18 ment,
19 the Commissioner shall notify such State agency (or State
20 commission) that no further payments will be made to the
21 State under part A of title I in case of failure to comply
22 with any requirement of section 104, under part B of title
23 I in case of failure to comply with any requirement of sec-
24 tion 123, under title II in case of a failure to comply with
25 any requirement of section 204, or under part B of title II
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1 in case of failure, to comply with any requirement of section
223 (b) (or, in his discretion, that further payments will
not be it lade to the State for programs under or portions of
the State plan affected by such failure) , until he is satisfied
that there will no longer be any such failure. Until he is
so satisfied the Commissioner shall make no further pay-
ments to such State under such title or part, as the case may
be (or shall limit payments to programs under or portions
of the State _plan in which there is no such failure) .
10 (b) (1) If any State is dissatisfied with the Commis-
11 sioner's action under subsection (a), such State may appeal
12 to the United States court of appeals for the circuit in which
13 such State is located. The summons and notice of appeal
14 may be served at any place in the United States.
(2) The findings of fact by the Commissioner, unless
substantially contrary to the weight of the evidence, shall be
conclusive, but the court, for wood 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. Such
new or modified findings of fact shall likewise be conclusive
unless substantially contrary to the weight of the evidence.
(3) The court shall have jurisdiction to affirm the ac-
tion of the Commissioner or to set it aside, in whole or in
part. The judgment of the court shall be subject to review
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1 by the Supreme Court of the United States upon certiorari
2 or certification as provided in title 28, United States Code,
3 section 1254.
4 UTILIZATION OF OTHER AGENCIES
5 SEC. 503. In administering the provisions of this Act,
6 the Commissioner is authorized to utilize (and pay for) the
7 services and facilities of any agency of the Federal Govern-
8 ment or of any other public or nonprofit agency or institution,
9 in accordance with agreements between the Secretary of
10 Health, Education, and Welfare and the head thereof.
11 PAYMENT PROCEDURE
12 SEC. 504. Payments under this Act to any State, State
13 or Federal agency, institution, or other organization pursuant
14 to a grant or contract may be made by the Commissioner in
15 installments, and in advance or by way of reimbursement,
16 and, in the case of grants. with necessary adjustments on ac-
17 count of overpayiuents or tin derpayments.
15 DELEGATION OF COMMISSIONER'S FUNCTIONS
19 SEC. 505. The Commissioner is authorized to delegate
20 any of his functions under this Act, except the making of reg-
21 ulations, to any officer or employee of the Office of Education.
STUDIES AND TECHNICAL ASSISTANCE
SEC. 506. The Commissioner is authorized to make
studies, investigations, demonstrations, and reports which will
aid in carrying out the purposes of this Act or are related
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12
13
14
32
thereto, and to disseminate information thereon, and to co-
operate with and render technical assistance to States and
public or other nonprofit organizations and institutions in
matters related to the purposes of this Act, including assist-
ance to State commissions on Federal scholarships in the dis-
charge of their responsibilities under section 123 (b) (2)
(D)
ADMINISTRATION
SEC. 507. (a) There are hereby authorized to be ap-
propriated for each fiscal year to the Department of Health,
Education, and Welfare such sums as may be necessary for
administration of this Act.
(b) The Secretary of Health, Education,
and Welfare
is authorized, subject to the procedures prescribed by section
505 of the Classification Act of 1949 (5 U. S. C. 1105), to
place a total of ten positions in the Office of Education in
grades 16, 17, and 18 of the General Schedule. Such posi-
tions shall be in addition to the number of positions author-
ized to be placed in such grades by subsection (b) of such
section 505.
COOPERATION BETWEEN FEDERAL AGENCIES
SEC. 508. (a) The Secretary of Health, Education, and
Welfare shall consult and cooperate with the heads of other
Federal departments and agencies which administer pro-
grams of student-aid or of assistance to or utilization of insti-
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1 tutions of higher education for training or other educational
2 purposes, with a view to the better interchange between
3 such agencies of information concerning their respective
4 programs and. the development of policies and procedures
5 which will strengthen the educational programs and objec-
6 tives of such institutions.
7 (b) Any agency of the Federal Government shall exer-
8 cise its functions under any other law in such manner as
9 will assist in carrying out the objectives of this Act. Noth-
10 ing in this Act shall be construed as superseding or limiting
11 the authority of this or any other agency of the Federal
12 Government under any other law.
13 REPORT BY COMMISSIONER
14 SEC. 509. The Commissioner shall include in his annual
15 report a full report of the activities under this Act.
16 EXEMPTION FROM CONFLICT-OF-INTEREST LAWS OF MEM-
17 BERS OF ADVISORY COMMITTEES
18 SEC. 510. (a) Any member of an advisory committee
19 appointed under this Act is hereby exempted, with respect
20 to such appointment, from the operation of sections 281, 283,
21 284, and 1914 of title 18 of the United States Code, and
22 section 190 of the Revised Statutes (5 U. S. C. 99), except
23 as otherwise specified in subsection (b) of this section.
24 (b) The exemption granted by subsection (a) shall not
25 extend-
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(1) to the receipt or payment of salary in connec-
2 tion with the appointee's Government service from any
3 source other than the private employer of the appointee
4 at the time of his appointment, or
5 (2) during the period of such appointment, and the
6 further period of two years after the termination thereof,
7 to the prosecution or participation in the prosecution, by
8 any person so appointed, of any claim against the Gov-
9 ernment involving any matter concerning which the ap-
10 pointee had any responsibility arising out of his appoint
11 ment during the period of such appointment.
12 DEFINITIONS
13 SEC. 511. For the purposes of this Act-
14 (a) The term "Commissioner" means the (United
15 States) Commissioner of Education.
16 (b) The term "State" includes Alaska, Hawaii, Puerto
17 Rico, Guam, the Virgin Islands, and the District of Columbia.
18 (c) The term "State educational agency" means the
19 State board of education or other agency primarily respon-
20 sible for the State supervision of public elementary or
21 secondary. schools.
22 (d) The term "local educational agency" means a board
23 of education or other legally constituted local school authority
24 having administrative control and direction of public ele-
25 mentary or secondary schools in a city, county, township,
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1 school district, or political subdivision in a State. Such- term
2 includes any State agency which directly operates and
3- maintains public elementary or secondary schools.
4 . (e) The term "institution of higher education" means
5 an educational institution in any State which (1) admits
6 as regular students only persons having a certificate of grad-
7 uation from a school providing secondary education, or the
8 recognized equivalent of such a certificate, (2) is legally
9 authorized within such State to provide a program of educar
10 tion beyond. secondary. education, (3.) provides an educa-
11 tional program for which it 'awards a-bachelor's degree or.
12 provides not less than a two-year program which is accept-
able for full credit toward such a degree, (4) is a public or
other nonprofit institution, and (5) is accredited by- a na-
tionally recognized accrediting agency or association or, if
not so accredited, is. an institution whose credits are accepted,
on transfer, by not less than -three institutions which are so
accredited, for credit on the same basis as if transferred
from an institution so accredited. For purposes. of part B
of title I and section 302 (b), such term includes an institu-
tion, not located in any State, which the Commissioner
determines to be substantially comparable to an institution
which -comes within the preceding provisions of this subsec-
tion. For purposes of this subsection, the Commissioner
shall publish a list of nationally recognized accrediting agen-
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1 cies and associations which he determines to be reliable
2 authority as to the quality of training offered.
3 (f) The number of individuals "enrolled" in any grades
4 or schools for any year means the number of individuals who
5 are entered in such grades and schools, respectively, at some
6 time during such year and were not previously entered
7 during such year in a different grade and school, respectively,
8 in the same State, and such numbers of individuals enrolled
9 shall be determined for the State on the basis of data for the
10 most recent year for which satisfactory data for such State
11 are available to the Commissioner.
12 - (g) The term "elementary school" means a school
13 which provides elementary education, as determined under
14 State law.
15 (h) The term "secondary school" means a school which
16 provides secondary education, as determined under State
17 law, except that for purposes of part B of title II it does not
18 include any education .provided beyond grade 12.
25
(i) The term "nonprofit", as applied to a school or
institution, means a school or institution owned and operated
by one or more nonprofit corporations or associations no
part of the net earnings of which inures, or may lawfully
inure, to the benefit of any private shareholder or individual,
and, for purposes of part A of title I, includes a school of
any agency of the United States.
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1 (j) The term "public" as applied to any school or
2 institution does not include a school or institution of any
3 agency of the United States.
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a
W4
rn ~
oys _iU. P.i
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