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(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;

(C) research, development, and educational activities designed to advance 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 Pro

grams; 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;

(C) the Director of the Women's Bureau of the Department of Labor; and

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

welfare. The Council shall elect its own Chairman.

(2) The term of office of each member of the Council appointed 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.

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(g) Report to President, Congress and Council; dis

tribution 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, 8 408, 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 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.

Sec.
1921. Deficiencies projects.—Continued

(e) State approval of applications; assurances of

compliance with subsection (b) require

ments. (1) Commissioner approval of applications meet

ing subsection (b) to (e) requirements; panel of Office of Education employees for

approval of applications.

(8) Equitable distribution of funds. SUBCHAPTER II.-STATE READING IMPROVEMENT

PROGRAMS 1941. Statement of purpose. 1942. Applicability and effective date. 1943. Allotments to States.

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

defined

(b) Reallotment. 1944. Grants for State reading improvement programs.

(a) Agreements with State educational agencies;

terms and conditions. (b) Agencies and institutions eligible for grants;

minimum amounts for local educational

agencies. (c) Agreement of Commissioner and State. (d) Final action of Commissioner; judicial

review. (e) Private elementary and secondary schools;

participation of enrolled children in State

reading improvement programs. SUBCHAPTER III.-OTHER READING IMPROVEMENT

PROGRAMS 1961. Special emphasis projects.

(a) Contracts for intensive reading instruction

in school and vacation reading programs for elementary school children with reading problems; authorization of Commis

sioner. (b) Applications to Commissioner; time; manner;

information; assurances. (c) State approval of project. (d) District wide project arrangements; author

ization of Commissioner; conditions for priority to applications from local educa.

tional 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 teachers

defined. 1962. Reading training on public television,

(a) Grants and contracts for courses and material

for elementary school teachers with assignments 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 Commis

sioner.
(b) Assurance of facilities.

SUBCHAPTER IV.-GENERAL PROVISIONS 1981. Evaluation.

(a) Report to congressional Committees; con

tents.

(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

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 meth

ods, 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; man-

ner; information; reading program.
(c) Additional requirements.
(d) State advisory councils on reading.

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 1.—READING IMPROVEMENT

PROJECTS

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

$ 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. (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 indi

vidual child not be lost. (c) Additional requirements.

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

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 1242 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, 8 705, 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.

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. i(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,

(C) parents of elementary and secondary school children, and

(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, if

(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 require

ments 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

8 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 read. ing 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" de

fined. (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 the amount available for allotment as the number of school age children (aged 5 to 12, inclusive) in each such State bears to the total number of such children in all the States, as determined by the Commissioner on the basis of the most recent satisfactory data available to him. The allotment of a State which would be less than $50,000 under the preceding sentence shall be increased to $50,000, and the total of the increases thereby required shall be derived by proportionately reducing the allotments to the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotments to any such remaining States from being reduced to less than $50,000.

(2) For the purpose of this section the term “State" includes the District of Columbia and the Commonwealth of Puerto Rico. (b) Reallotment.

The amount allotted to any State under subsection (a) of this section for any fiscal year which the Commissioner determines will not be required for that year shall be available for reallotment from time to time, on such dates during that year as the Commissioner may fix, to other States in proportion to the amounts originally allotted among those States under subsection (a) of this section for that year, but with the proportionate amount for any of the other States being reduced to the extent it exceeds the sum the Commissioner estimates the local educational agencies of such State need and will be able to use for that year; and the total of these reductions shall be similarly reallotted among the States whose proportionate amounts were not so reduced. Any amount reallotted to a State under this subsection from funds appropriated pursuant to section 1982 of this title for any fiscal year shall be deemed part of the amount allotted to it under subsection (a) of this section for that year. (Pub. L. 93–380, title VII, § 713, Aug. 21, 1974, 88 Stat. 591.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1944 of this title.

(D) areas of professional competence relating to instruction in reading, to advise the State educational agency on the formulation of a standard of excellence for reading programs in the elementary schools and on the preparation of, and policy matters arising in the administration of, the agreement (including the criteria for approval of applications for assistance under such agreement) and in the evaluation of results of the program carried out pursuant to the agreement;

(3) describes the reading programs in elementary schools for which assistance is sought under this subchapter and procedures for giving priority to reading programs which are already receiving Federal financial assistance and show reasonable promise of achieving success;

(4) sets forth procedures for the submission of applications by local educational agencies within that State, including procedures for an adequate description of the reading programs for which assistance is sought under this subchapter;

(5) sets forth criteria for achieving an equitable distribution of that part of the assistance under this subchapter which is made available to local educational agencies pursuant to the second sentence of subsection (b) of this section, which criteria shall

(A) take into account the size of the population to be served, beginning with preschool, the relative needs of pupils in different population groups within the State for the program authorized by this chapter, and the financial ability of the local educational agency serving such pupils,

(B) assure that such distribution shall include grants to local educational agencies having high concentrations of children with low reading proficiency, and

(C) assure an equitable distribution of funds among urban and rural areas;

(6) sets forth criteria for the selection or designation and training of personnel (such as reading specialists and administrators of reading programs) engaged in programs assisted under this subchapter, including training for private elementary school personnel, which shall include qualifications acceptable for such personnel;

(7) provides for the coordination and evaluation of programs assisted under this subchapter;

(8) provides for technical assistance and support services for local educational agencies participating in the program;

(9) makes provision for the dissemination to the educational community and the general public of information about the objectives of the program and results achieved in the course of its implementation;

(10) provides for making an annual report and such other reports, in such form and containing such information, as the Commissioner may reasonably require to evaluate the effectiveness of the program and to carry out his other functions under this chapter;

(11) provides that not more than 5 per centum of the amount allotted to the State under section

$ 1944. Grants for State reading improvement pro

grams. (a) Agreements with State educational agencies;

terms and conditions. Any State which desires to receive grants under this subchapter shall, through its State educational agency, enter into an agreement with the Commissioner, in such detail as the Commissioner deems necessary, which

(1) designates the State educational agency as the sole agency for administration of the agreement;

(2) provides for the establishment of a State advisory Council on reading, appointed by the State educational agency, which shall be broadly representative of the educational resources of the State and of the general public, including persons representative of —

(A) public and private nonprofit elementary school children, and

(B) institutions of higher education,

(C) parents of elementary school children, and

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