United States Code

year, the Commissioner shall require State educational agencies and local educational agencies to report on their efforts to prepare students for gainful or maximum employment.

(f) Career education model and local State educational program plan grants.

(1) During the period beginning August 21, 1974, and ending June 30, 1978, the Commissioner is authorized to make grants to State and local educational agencies, institutions of higher education, and other nonprofit agencies and organizations to support projects to demonstrate the most effective methods and techniques in career education and to develop exemplary career education models (including models in which handicapped children receive appropriate career education either by participation in regular or modified programs with nonhandicapped children or where necessary in specially designed programs for handicapped children whose handicaps are of such severity that they cannot benefit from regular or modified programs). Grants made under this subsection shall be consistent with the policies set forth in subsection (a) of this section.

(2) During the period beginning one year after August 21, 1974, and ending June 30, 1977, the Commissioner is authorized to make grants to State educational agencies to enable them to develop State plans for the development and implementation of career education programs in the local educational agencies of the States. Such plans shall be designed to carry out the policies and purposes set forth in subsections (a) and (b) of this section. (g) National Advisory Council for Career Education; establishment; official members: nonvoting ex officio capacity; public members: representation of disciplines and general public, appointment, Chairman, terms of office; staff and funds; duties; survey and assessment: report to Congress. (1) Subject to part D of the General Education Provisions Act and within ninety days after August 21, 1974, there is established a National Advisory Council for Career Education which shall be composed of

(A) the Assistant Secretary of Health, Education, and Welfare for Education, the Commissioner of Education, the Director of the Office of Career Education, the Director of the National Institute of Education, the Administrator of the National Center for Education Statistics, the Director of the National Science Foundation, the Chairman of the National Foundation for the Arts, the Chairman of the National Foundation for the Humanities, the Chairman of the National Advisory Council for Vocational Education, all of whom shall serve in a nonvoting ex officio capacity; and

(B) not less than twelve public members broadly representative of the fields of education, the arts, the humanities, the sciences, community services, business and industry, and the general public, a majority of whom shall be engaged in education or education-related professions.

(2) The public members shall be appointed by the Becretary. The Secretary shall select the Chairman from among the public members. The members shall

serve for terms of three years with not more than four seats rotating in any one year. The Commissioner shall provide such staff and funds for the Council as deemed necessary and such staff and funds shall be in addition to those provided elsewhere in this subchapter.

(3) The duties of the Council shall be to advise the Commissioner on the implementation of this section and carry out such advisory functions as it deems appropirate, including reviewing the operation of this section and all other programs of the Division of Education pertaining to the development and implementation of career education, evaluating their effectiveness in meeting the needs of career education throughout the United States, and in determining the need for further legislative remedy in order that all citizens may benefit from the purposes of career education as prescribed in this section.

(4) The Council with the assistance of the Commissioner shall conduct a survey and assessment of the current status of career education programs, projects, curricula, and materials in the United States and submit to Congress, not later than November 1, 1975, a report on such survey and assessment. Such report shall include recommendations of the Council for new legislation designed to accomplish the policies and purposes set forth in subsections (a) and (b) of this section.

(h) Limitation on fiscal year expenditures.

For the purpose of carrying out the provisions of this section, the Commissioner is authorized to expend not to exceed $15,000,000 for each fiscal year ending prior to July 1, 1978. (Pub. L. 93-380, title IV, § 406, Aug. 21, 1974, 88 Stat. 551.)

REFERENCES IN TEXT

Part D of General Education Provisions Act, referred to in subsec. (g) (1), is classified to section 1233 et seq. of this title.

EFFECTIVE DATE

Section effective on and after Aug. 21, 1974, see section 410 of Pub. L. 93-380, set out as a note under section 1801 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1861 of this title. § 1866. Women's educational equity. (a) Short title.

This section may be cited as the "Women's Educational Equity Act of 1974."

(b) Congressional findings and declaration of purpose. (1) The Congress hereby finds and declares that educational programs in the United States (including its possessions), as presently conducted, are frequently inequitable as such programs relate to women and frequently limit the full participation of all individuals in American society.

(2) It is the purpose of this section to provide educational equity for women in the United States. (c) "Council" defined.

As used in this section, the term "Council" means the Advisory Council on Women's Educational Programs.

(d) Grants and contracts for all level educational activities to carry out objectives; description of activities; applications to Commissioner: time of submission, form, contents, required provisions, approval by Commissioner; nondiscrimination in participation of men in programs and activities. (1) The Commissioner is authorized to make grants to, and enter into contracts with, public agencies and private nonprofit organizations and with individuals for activities designed to carry out the purposes of this section at all levels of education, including preschool, elementary and secondary education, higher education, and adult education. These activities shall include

(A) the development, evaluation, and dissemination by the applicant of curricula, textbooks, and other educational materials related to educational equity;

(B) preservice and inservice training for educational personnel including guidance and counseiing with special emphasis on programs and activities designed to provide educational equity;

(D) guidance and counseling activities, including the development of nondiscriminatory tests, designed to assure educational equity;

(E) educational activities to increase opportunities for adult women, including continuing educational activities and programs for underemployed and unemployed women;

(F) the expansion and improvement of educational programs and activities for women in vocational education, career education, physical education and educational administration.

(2) A grant may be made and a contract may be entered into under this section only upon application to the Commissioner, at such time, in such form, and containing or accompanied by such information as the Commissioner may prescribe. Each such application shall—

(A) provide that the program or activity for which assistance is sought will be administered by or under the supervision of the applicant;

(B) describe a program for carrying out one of the purposes set forth in subsection (a) of this section which holds promise of making a substantial contribution toward attaining such purposes; and

(C) set forth policies and procedures which insure adequate evaluation of the activities intended to be carried out under the application.

(3) The Commissioner shall approve applicants and amendments thereto which meet the requirements of paragraph (2).

(4) Nothing in this section shall be construed as prohibiting men from participating in any programs or activities assisted under this section.

(e) Additional small grants for innovative approaches to objectives.

In addition to the authority of the Commissioner under subsection (d) of this section, the Commissioner shall carry out a program of small grants, not to exceed $15,000, each, in order to support innovative approaches to achieving the purpose of this sec

tion; and for that purpose the Commissioner is authorized to make grants to public and private nonprofit agencies and to individuals.

(f) Advisory Council on Women's Educational Programs; establishment; membership; Chairman; term of office; duties; national, comprehensive review of sex discrimination in education by Commissioner; Council review of report of Commissioner; General Education Provisions applicable. (1) There is established in the Office of Education an Advisory Council on Women's Educational Programs. The Council shall be composed of—

(A) seventeen individuals, some of whom shall be students, who shall be appointed by the President, by and with the advice and consent of the Senate, from among individuals broadly representative of the general public who, by virtue of their knowledge or experience, are versed in the role and status of women in American society;

(B) the Chairman of the Civil Rights Commission;

(D) the Director of the Women's Action Program of the Department of Health, Education, and welfare.

The Council shall elect its own Chairman.

(2) The term of office of each member of the Council appointed under clause (A) of paragraph (1) shall be three years, except that

(A) the members first appointed under such clause shall serve as designated by the President, six for a term of one year, five for a term of two years, and six for a term of three years; and

(B) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. (3) The Council shall—

(A) advise the Commissioner with respect to general policy matters relating to the administration of this section;

(B) advise and make recommendations to the Assistant Secretary concerning the improvement of educational equity for women;

(C) make recommendations to the Commissioner with respect to the allocation of any funds pursuant to this section, including criteria developed to insure an appropriate geographical distribution of approved programs and projects throughout the Nation; and

(D) develop criteria for the establishment of program priorities.

(4) From the sums available for the purposes of this section, the Commissioner is authorized and directed to conduct a national, comprehensive review of sex descrimination in education, to be submitted to the Council not later than a year after August 21, 1974. The Council shall review the report of the Commissioner and shall make such recommendations, including recommendations for additional legislation, as it deems advisable.

(5) The provisions of part D of the General Education Provisions Act shall apply with respect to the Council established under this subsection.

(g) Report to President, Congress and Council; distribution of report; program evaluation.

The Commissioner is directed, at the end of each fiscal year, to submit to the President and the Congress and to the Council a report setting forth the programs and activities assisted under this section, and to provide for the distribution of this report to all interested groups and individuals, including the Congress, from funds authorized under this section. After receiving the report from the Commissioner, the Council shall evaluate the programs and projects assisted under this section and include such evaluation in its annual report.

(h) Limitation on fiscal year expenditures.

For the purpose of carrying out this section, the Commissioner is authorized to expend not to exceed $30,000,000 for each fiscal year prior to July 1, 1978. (Pub. L. 93-380, title IV, § 408, Aug. 21, 1974, 88 Stat. 554.)

REFERENCES IN TEXT

Part D of General Education Provisions Act, referred to in subsec. (1) (5), is classified to section 1233 et seq. of this title.

EFFECTIVE DATE

Section effective on and after Aug. 21, 1974, see section 410 of Pub. L. 93 380, set out as a note under section 1801 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1861 of this title. $1867. Elementary and secondary school education in the arts.

The Commissioner shall, during the period beginning after June 30, 1974 and ending on June 30, 1978, through arrangements made with the John F. Kennedy Center for the Performing Arts, carry out a program of grants and contracts to encourage and assist State and local educational agencies to establish and conduct programs in which the arts are an integral part of elementary and secondary school programs. Not less than $750,000 shall be available for the purposes of this section during any fiscal year during the period for which provision is made in the preceding sentence. (Pub. L. 93-380, title IV, § 409, Aug 21, 1974, 88 Stat. 556.)

EFFECTIVE DATE

Bection effective on and after Aug. 21, 1974, see section 410 of Pub. L. 93-380, set out as a note under section 1801 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1861 of this title.

Chapter 41.-NATIONAL READING IMPROVEMENT PROGRAM [NEW]

Sec.

1901. Statement of purpose.

SUBCHAPTER I.-READING IMPROVEMENT PROJECTS 1921. Deficiencies projects.

(a) Contracts for projects using innovative methods, systems, materials, or programs for overcoming reading deficiencies in schools with extensive reading deficiencies and in preschool institutions; authorization of Commissioner.

(b) Applications to Commissioner: time; manner; information; reading program.

(d) State advisory councils on reading.

(b) Applications to Commissioner; time; manner;
information; assurances.

Districtwide project arrangements; author-
ization of Commissioner; conditions for

priority to applications from local educational agencies.

(e) Use of reading teacher in lieu of reading specialist and regular elementary teacher in lieu of reading teacher.

(f) "Reading specialist" and "reading teacher" defined.

1962. Reading training on public television.

(a) Grants and contracts for courses and material
for elementary school teachers with assign-
ments as reading teachers or reading spe-
cialists; authorization of Commissioner.
(b) Consultation with specialists.

1963. Reading academies.

(a) Grants and contracts for reading assistance and instruction; authorization of Commissioner.

(b) Assurance of facilities.

SUBCHAPTER IV.-GENERAL PROVISIONS

1981. Evaluation.

(a) Report to congressional Committees; contents.

(b) Reservation of funds. 1982. Authorization of appropriations.

§ 1901. Statement of purpose.

It is the purpose of this chapter

(1) to provide financial assistance to encourage State and local educational agencies to undertake projects to strengthen reading instruction programs in elementary grades;

(2) to provide financial assistance for the development and enhancement of necessary skills of

instructional and other educational staff for reading programs;

(3) to develop a means by which measurable objectives for reading programs can be established and progress toward such objectives assessed;

(4) to develop the capacity of preelementary school children for reading, and to establish and improve preelementary school programs in language arts and reading; and

(5) to provide financial assistance to promote literacy among youth and adults.

(Pub. L. 93-380, title VII, § 701, Aug. 21, 1974, 88 Stat. 588.)

EFFECTIVE DATE

Section effective on and after sixtieth day after Aug. 21, 1974, see section 2(c) of Pub. L. 93-380, set out as a note under section 241b of this title.

SUBCHAPTER I.-READING IMPROVEMENT

PROJECTS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1982 of this title.

§ 1921. Deficiencies projects.

(1) The Commissioner is authorized to enter into agreements with either State educational agencies or local educational agencies, or both, for the carrying out by such agencies, in schools having large numbers or a high percentage of children with reading deficiencies, of projects involving the use of innovative methods, systems, materials, or programs which show promise of overcoming such reading deficiencies.

(2) The Commissioner is further authorized to enter into agreements with State educational agencies, local educational agencies, or with nonprofit educational or child care institutions for the carrying out by such agencies and institutions, in areas where such schools are located, of such projects for preelementary school children. Such projects are to be instituted in kindergartens, nursery schools, or other preschool institutions.

(b) Applications to Commissioner; time; manner; information; reading program requirements.

No agreement may be entered into under this subchapter, unless upon an application made to the Commissioner at such time, in such manner, and including or accompanied by such information as he may reasonably require. Each such application shall set forth a reading program which provides for

(1) diagnostic testing designed to identify preelementary and elementary school children with reading deficiencies, including the identification of conditions which, without appropriate other treatment, can be expected to impede or prevent children from learning to read;

(2) planning for and establishing comprehensive reading programs;

(3) reading instruction for elementary school pupils whose reading achievement is less than that which would normally be expected for pupils of

comparable ages and in comparable grades of school;

(4) preservice training programs for teaching personnel including teacher-aides and other ancillary educational personnel, and in-service training and development programs, where feasible, designed to enable such personnel to improve their ability to teach students to read;

(5) participation of the school faculty, school board members, administration, parents, and students in reading-related activities which stimulate an interest in reading and are conducive to the improvement of reading skills;

(6) parent participation in development and implementation of the program for which assistance is sought;

(7) local educational agency school board participation in the development of programs;

(8) periodic testing in programs for elementary school children on a sufficiently frequent basis to measure accurately reading achievement, and for programs for preelementary school children a test of reading proficiency at the conclusion, minimally, of the first-grade program into which the nursery and kindergarten programs are integrated;

(9) publication of test results on reading achievement by grade level, and where appropriate, by school, without identification of achievement of individual children;

(10) availability of test results on reading achievement on an individual basis to parents or guardians of any child being so tested;

(11) participation on an equitable basis by children enrolled in nonprofit private elementary schools in the area to be served (after consultation with the appropriate private school officials) to an extent consistent with the number of such children whose educational needs are of the kind the program is intended to meet;

(12) the use of bilingual education methods and techniques to the extent consistent with the number of elementary school-age children in the area served by a reading program who are of limited English-speaking ability;

(13) appropriate involvement of leaders of the cultural and educational resources of the area to be served, including institutions of higher education, nonprofit private schools, public and private nonprofit agencies such as libraries, museums, educational radio and television, and other cultural and education resources of the community; and

(14) assessment, evaluation, and collection of information on individual children by teachers during each year of the preelementary program, to be made available for teachers in the subsequent year, in order that continuity for the individual child not be lost.

Each such applicant, in addition to meeting the requirements of subsection (b) of this section, shall provide assurances that

(1) appropriate measures have been taken by the agency to analyze the reasons why elementary

school children are not reading at the appropriate grade level;

(2) the agency will develop a plan setting forth specific objectives which shall include the goals of having the children in project schools reading at the appropriate grade level at the end of grade three; and

(3) whenever appropriate, sufficient measures will be taken to coordinate each preelementary reading program with the reading program of the educational agencies or institutions which such preelementary school children will be next in attendance.

(d) State advisory councils on reading.

No grant may be made under this subchapter unless the application for such grant provides assurances that the provisions of this subsection are met. Each State educational agency shall

(1) establish an advisory council on reading appointed by such agency which shall be broadly representative of the education resources of the State and of the general public, including persons representative of—

(A) public and private nonprofit elementary and secondary schools,

(B) institutions of higher education,

(D) areas of professional competence relating to instruction in reading, and

(2) authorize the advisory council established under clause (1) to receive and designate priorities among applications for grants under this section in that State,

(i) that State educational agency desires to receive a grant under this subchapter, or

(ii) any local educational agency of that State desires to receive a grant under this subchapter, and notifies the State educational agency concerned, or

(iii) in the case of a preelementary school program any nonprofit educational agency or child care institution in that State desires to receive a grant under this subchapter, and notifies the State educational agency concerned.

(e) State approval of applications; assurances of compliance with subsection (b) requirements. No agreement may be entered into under this subchapter unless the application submitted to the Commissioner

(1) has first been approved by the State educational agency, and

(2) is accompanied by assurances that such agency will supervise compliance by the local educational agency in that State with the requirements set forth in subsection (b) of this section. (f) Commissioner approval of applications meeting subsection (b) to (e) requirements; panel of Office of Education employees for approval of applications.

The Commissioner may approve any application submitted under this subchapter which meets the requirements of subsections (b), (c), (d), and (e) of this section. In approving such applications, the Commissioner may not use any panel (other than

employees of the Office of Education) for the purpose of such approval.

(g) Equitable distribution of funds.

In approving applications under this subchapter the Commissioner shall, to the maximum extent feasible, assure an equitable distribution of funds throughout the United States and among urban and rural areas. Not more than 121⁄2 percent of the funds expended under this subchapter in any fiscal year may be expended in any State in that year. (Pub. L. 93-380, title VII, § 705, Aug. 21, 1974, 88 Stat. 589.)

EFFECTIVE DATE

Section effective on and after sixtieth day after Aug. 21, 1974, see section 2(c) of Pub. L. 93-380, set out as a note under section 241b of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1961 of this title.

SUBCHAPTER II.-STATE READING

IMPROVEMENT PROGRAMS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 1982 of this title.

§ 1941. Statement of purpose.

It is the purpose of this subchapter to provide financial assistance to the States to enable them— (1) to provide financial assistance for projects designed to facilitate reaching the objectives of this chapter;

(2) to develop comprehensive programs to improve reading proficiency and instruction in reading in the elementary schools of the State;

(3) to provide State leadership in the planning, improving, execution, and evaluation of reading programs in elementary schools; and

(4) to arrange for and assist in the training of special reading personnel and specialists needed in programs assisted under this chapter. (Pub. L. 93-380, title VII, § 711, Aug. 21, 1974, 88 Stat. 591.)

§ 1942. Applicability and effective date.

(a) The provisions of this subchapter shall become effective only in any fiscal year in which appropriations made pursuant to section 1982(a) of this title exceed $30,000,000 and then only with respect to the amount of such excess.

(b) The provisions of this subchapter shall be effective on and after the beginning of fiscal year 1976. (Pub. L. 93-380, title VII, § 712, Aug. 21, 1974, 88 Stat. 591.)

§ 1943. Allotments to States.

(a) Basis for determination of amounts; "State" defined.

(1) From the sums appropriated pursuant to section 1982 (a) of this title for each fiscal year which are available for carrying out this subchapter, the Commissioner shall reserve such amount, but not in excess of 1 per centum of such sums, as he may determine, and shall apportion such amount to Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands according to their respective needs for assistance under this chapter. Of the remainder of such sums, he shall allot an amount to each State which bears the same ratio to

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