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(a) The Commissioner shall carry out a program for making grants for the acquisition of school library resources, textbooks, and other printed and published instructional materials for the use of children and teachers in public and private elementary and secondary schools.
(b) For the purpose of making grants under this subchapter, there are hereby authorized to be appropriated the sum of $100,000,000 for the fiscal year ending June 30, 1966, $125,000,000 for the fiscal year ending June 30, 1967, $150,000,000 for the fiscal year ending June 30, 1968, $162,500,000 for the fiscal year ending June 30, 1969, $200,000,000 for each of the fiscal years ending June 30, 1970, and June 30, 1971, $210,000,000 for the fiscal year ending June 30, 1972, and $220,000,000 for the fiscal year ending June 30, 1973. (Pub. L. 89-10, title II, § 201, Apr. 11, 1965, 79 Stat. 36; Pub. L. 89-750, title I, § 121, Nov. 3, 1966, 80 Stat. 1199; Pub. L. 90-247, title III, § 301(b), Jan. 2, 1968, 81 Stat. 813; Pub. L. 91-230, title I, § 121(a), Apr. 13, 1970, 84 Stat. 130.)
(a)(1) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per centum of the amount appropriated for such year for payments to States under section 821(b) of this title. The Commissioner shall allot the amount appropriated pursuant to this paragraph among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this subchapter. In addition, for the fiscal year ending June 30, 1968, and each of the succeeding fiscal years ending prior to July 1, 1972, he shall allot from such amount to (A) the Secretary of the Interior the amount necessary for such assistance for children and teachers in elementary and secondary schools operated for Indian children by the Department of the Interior, and (B) the Secretary of Defense the amount necessary for such assistance for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payments for such purpose shall be made to the Secretary of the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this subchapter.
(2) From the sums appropriated for carrying out this subchapter for any fiscal year pursuant to section 821(b) of this title, the Commissioner shall allot to each State an amount which bears the same ratio to the total of such sums as the number of children enrolled in the public and private elementary and secondary schools of that State bears to the total number of children enrolled in such schools in all of the States. The number of children so enrolled shall be determined by the Commissioner 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, and the Trust Territory of the Pacific Islands.
(b) The amount of any State's allotment under subsection (a) of this section 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) of this section for that year but with such proportionate amount for any of such other States being reduced to the extent it exceeds the sum the Commissioner estimates such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection during a year from funds appropriated pursuant to section 821 of this title shall be deemed part of its allotment under subsection (a) of this section for such year. (Pub. L. 89-10, title II, § 202, Apr. 11, 1965, 79 Stat. 36; Pub. L. 89-750, title I, § 122, Nov. 3, 1966, 80 Stat. 1199; Pub. L. 90-247, title I, § 121, Jan. 2, 1968, 81 Stat. 788; Pub. L. 91-230, title I, § 121(b), Apr. 13, 1970, 84 Stat. 130.)
(a) The Commissioner shall carry out a program for making grants for supplementary educational centers and services, to stimulate and assist in the provision of vitally needed educational services not available in sufficient quantity or quality, and to stimulate and assist in the development and establishment of exemplary elementary and secondary school educational programs to serve as models for regular school programs, and to assist the States in establishing and maintaining programs of testing and guidance and counseling.
(b) For the purpose of making grants under this subchapter, there is hereby authorized to be appropriated the sum of $550,000,000 for the fiscal year ending June 30, 1971, $575,000,000 for the fiscal year ending June 30, 1972, and $605,000,000 for the fiscal year ending June 30, 1973. In addition, there are hereby authorized to be appropriated for the fiscal year ending June 30, 1971, and each of the succeeding fiscal years, such sums as may be necessary for the administration of State plans, the activities of advisory councils, and the evaluation and dissemination activities required under this subchapter. (Pub. L: 89-10, title III, 301. Apr. 11, 1965, 79 Stat. 39; Pub. L. 89-750, title I, § 131, Nov. 3, 1966, 80 Stat. 1201; Pub. L. 90-247, title I, § 131, Jan. 2, 1968, 81 Stat. 788; Pub. L. 91-230, title I, § 131(a)(1), Apr. 13, 1970, 84 Stat. 130.)
(a) Additional appropriation for outlying areas; payments to Secretaries of Interior and Defense; allotment among States.
(1) There is hereby authorized to be appropriated for each fiscal year for the purposes of this paragraph an amount equal to not more than 3 per centum of the amount appropriated for such year for grants under this subchapter. The Commissioner shall allot the amount appropriated pursuant to this paragraph among Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this subchapter. In addition for each fiscal year ending prior to July 1, 1972, he shall allot from such amounts to (A) the Secretary of the Interior the amount necessary to provide programs and projects for the purpose of this subchapter for individuals on reservations serviced by elementary and secondary schools operated for Indian children by the Department of the Interior, and (B) the Secretary of Defense the amount necessary for such assistance for children and teachers in the overseas dependents schools of the Department of Defense. The terms upon which payments for such purpose shall be made to the Secretary of
the Interior and the Secretary of Defense shall be determined pursuant to such criteria as the Commissioner determines will best carry out the purposes of this subchapter.
(2) From the sums appropriated for making grants under this subchapter for any fiscal year pursuant to section 841(b) of this title, the Commissioner shall allot $200,000 to each State and shall allot the remainder of such sums among the States as follows:
(A) He shall allot to each State an amount which bears the same ratio to 50 per centum of such remainder as the number of children aged five to seventeen, inclusive, in the State bears to the number of such children in all the States, and
(B) He shall allot to each State an amount which bears the same ratio to 50 per centum of such remainder as the population of the State bears to the population of all the States.
For the purposes of this subsection, the term "State" does not include the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands.
In recognition of the special educational needs of the large numbers of children of limited English-speaking ability in the United States, Congress hereby declares it to be the policy of the United States to provide financial assistance to local educational agencies to develop and carry out new and imaginative elementary and secondary school programs designed to meet these special educational needs. For the purposes of this subchapter, "children of limited English-speaking ability" means children who come from environments where the dominant language is other than English. (Pub. L. 89-10, title VII, § 702, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816.)
(a) For the purposes of making grants under this subchapter, there is authorized to be appropriated the sum of $15,000,000 for the fiscal year ending June 30, 1968, $30,000,000 for the fiscal year ending June 30, 1969, $40,000,000 for the fiscal year ending June 30, 1970, $80,000,000 for the fiscal year ending June 30, 1971, $100,000,000 for the fiscal year ending June 30, 1972, and $135,000,000 for the fiscal year ending June 30, 1973.
(b) In determining distribution of funds under this subchapter, the Commissioner shall give highest priority to States and areas within States having the greatest need for programs pursuant to this subchapter. Such priorities shall take into consideration the number of children of limited English-speaking ability between the ages of three and eighteen in each State. (Pub. L. 89-10, title VII, § 703, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 816, and amended Pub. L. 91-230, title I, § 151, Apr. 13, 1970, 84 Stat. 151.)
Grants under this subchapter may be used, in accordance with applications approved under section 880b-3 of this title, for—
(a) planning for and taking other steps leading to the development of programs designed to meet the special educational needs of children of limited English-speaking ability in schools having a high concentration of such children from families (A) with incomes below $3,000 per year, or (B) receiving payments under a program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act, including research projects, pilot projects designed to test the effectiveness of plans so developed, and the development and dissemination of special instructional materials for use in bilingual education programs; and
(b) providing preservice training designed to prepare persons to participate in bilingual educational programs as teachers, teacher-aides, or other ancillary education personnel such as counselors, and inservice training and development programs designed to enable such persons to continue to improve their qualifications while participating in such programs; and
(c) the establishment, maintenance, and operation of programs, including acquisition of necessary teaching materials and equipment, designed to meet the special educational needs of children of limited English-speaking ability in schools having a high concentration of such children from families (A) with incomes below $3,000 per year, or (B) receiving payments under a program of aid to families with dependent children under a State plan approved under title IV of the Social Security Act, through activities such as—
(1) bilingual education programs;
(2) programs designed to impart to students a knowledge of the history and culture associated with their languages;
(3) efforts to establish closer cooperation between the school and the home;
(4) early childhood educational programs related to the purposes of this subchapter and designed to improve the potential for profitable learning activities by children;
(5) adult education programs related to the purposes of this subchapter, particularly for parents of children participating in bilingual programs;
(6) programs designed for dropouts or potential dropouts having need of bilingual programs;
(7) programs conducted by accredited trade, vocational, or technical schools; and
(8) other activities which meet the purposes of this subchapter.
(Pub. L. 89-10, title VII, § 704, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 817.)
(a) Time; contents.
A grant under this subchapter may be made to a local educational agency or agencies, or to an institution of higher education applying jointly with a local educational agency, upon application to the Commissioner at such time or times, in such manner and containing or accompanied by such information as the Commissioner deems necessary. Such application shall—
(1) provide that the activities and services for which assistance under this subchapter is sought will be administered by or under the supervision of the applicant;
(2) set forth a program for carrying out the purpose set forth in section 880b-2 of this title and provide for such methods of administration
as are necessary for the proper and efficient operation of the program;
(3) set forth a program of such size, scope, and design as will make a substantial step toward achieving the purpose of this subchapter;
(4) set forth policies and procedures which assure that Federal funds made available under this subchapter for any fiscal year will be so used as to supplement and, to the extent practicable, increase the level of funds (including funds made available under sections 241a to 241m of this title) that would, in the absence of such Federal funds, be made available by the applicant for the purposes described in section 880b-2 of this title, and in no case supplant such funds;
(5) provide for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this subchapter;
(6) provide for making an annual report and such other reports, in such form and containing such information, as the Commissioner may reasonably require to carry out his functions under this subchapter and to determine the extent to which funds provided under this subchapter have been effective in improving the educational opportunities of persons in the area served, 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;
(7) provide assurance that provision has been made for the participation in the project of those children of limited English-speaking ability who are not enrolled on a full-time basis; and
(8) provide that the applicant will utilize in programs assisted pursuant to this subchapter the assistance of persons with expertise in the educational problems of children of limited English-speaking ability and make optimum use in such programs of the cultural and educational resources of the area to be served; and for the purposes of this paragraph, the term "cultural and educational resources" includes State educational agencies, institutions of higher education, nonprofit private schools, public and nonprofit private agencies such as libraries, museums, musical and artistic organizations, educational radio and television, and other cultural and educational resources.
(b) Conditions for approval.
Applications for grants under this subchapter may be approved by the Commissioner only if—
(1) the application meets the requirements set forth in subsection (a) of this section;
(2) the program set forth in the application is consistent with criteria established by the Commissioner (where feasible, in cooperation with the State educational agency) for the purpose of achieving an equitable distribution of assistance under this subchapter within each State, which criteria shall be developed by him on the basis of a consideration of (A) the geographic distribution of children of limited English-speaking ability, (B) the relative need of persons in different geographic areas within the State for the kinds of services and activities described in paragraph (c) of section 880b-2 of this title, and (C) the relative ability of particular local educational agencies within the State to provide those services and activities;
(3) the Commissioner determines (A) that the program will utilize the best available talents and resources and will substantially increase the educational opportunities for children of limited English-speaking ability in the area to be served by the applicant, and (B) that, to the extent consistent with the number of children enrolled in nonprofit private schools in the area to be served whose educational needs are of the type which this program is intended to meet, provision has been made for participation of such children; and
(4) the State educational agency has been notified of the application and been given the opportunity to offer recommendations.
(c) Amendments.
Amendments of applications shall, except as the Commissioner may otherwise provide by or pursuant to regulations, be subject to approval in the same manner as original applications. (Pub. L. 89-10, title VII, § 705, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 817.)
(a) Local educational agency status of Indian institution or organization.
For the purpose of carrying out programs pursuant to this subchapter for individuals on reservations serviced by elementary and secondary schools operated on such reservations for Indian children, a nonprofit institution or organization of the Indian tribe concerned which operates any such school and which is approved by the Commissioner for the purposes of this section, may be considered to be a local educational agency as such term is used in this subchapter.
(b) Payments to Secretary of Interior; criteria.
From the sums appropriated pursuant to section 880b-1 of this title, the Commissioner may also make payments to the Secretary of the Interior for elementary and secondary school programs to carry out the policy of section 880b of this title with respect to individuals on reservations serviced by elementary and secondary schools for Indian children operated or funded by the Department of the Interior. The terms upon which payments for that purpose may be made to the Secretary of the Interior shall be determined pursuant to such criteria as the Commissioner determines will best carry out the policy of section 880b of this title. (Pub. L. 89-10, title VII, § 706, as added Pub. L. 91-230, title I, § 152(a), Apr. 13, 1970, 84 Stat. 151.)
(a) The Commissioner shall pay to each applicant which has an application approved under this subchapter an amount equal to the total sums expended by the applicant under the application for the purposes set forth therein or, in the case of payments to the Secretary of the Interior, an amount determined pursuant to section 880b-3a(b) of this title.
(b) Payments under this subchapter may be made in installments and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. (Pub. L. 89-10, title VII, § 707, formerly § 706, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 819, renumbered and amended Pub. L. 91-230, title I, §§ 152(a), (b), Apr. 13, 1970, 84 Stat. 151, 152.)
(a) Establishment; membership.
The Commissioner shall establish in the Office of Education an Advisory Committee on the Edu-
cation of Bilingual Children, consisting of fifteen members appointed, without regard to the civil service laws, by the Commissioner with the approval of the Secretary. The Commissioner shall appoint one such member as Chairman. At least seven of the members of the Advisory Committee shall be educators experienced in dealing with the educational problems of children whose native tongue is a language other than English.
(b) Committee functions; appointment of advisory and technical experts and consultants.
The Advisory Committee shall advise the Commissioner in the preparation of general regulations and with respect to policy matters arising in the administration of this subchapter, including the development of criteria for approval of applications thereunder. The Commissioner may appoint such special advisory and technical experts and consultants as may be useful and necessary in carrying out the functions of the Advisory Committee.(Pub. L. 89-10, title VII, § 708, formerly § 707, as added Pub. L. 90-247, title VII, § 702, Jan. 2, 1968, 81 Stat. 819, renumbered and amended Pub. L. 91-230, title I, §§ 152(a), 153, title IV, § 401(h)(3), Apr. 13, 1970, 84 Stat. 151, 152, 174.)
