purposes of sections 301 through 304, the term "secondary school" may include a public junior college, as determined under State law or, if such school is not in any State, as determined by the Commissioner. (i) The term "public" as applied to any school or institution includes a school or institution of any agency of the United States, except that no such school or institution shall be eligible to receive any grant, loan, or other payment under this Act.

(j) 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 the purposes of part A of title V, includes a school of any agency of the United States.

(k) The term "local educational agency" means a board of education or other legally constituted local school authority having administrative control and direction of public elementary or secondary schools in a city, county, township, school district, or political subdivision in a State, or any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(1) The term "school of nursing" means a public or other nonprofit collegiate or associate degree school of nursing.

(m) The term "collegiate school of nursing" means a department, division, or other administrative unit in a college or university which provides primarily or exclusively an accredited program of education in professional nursing and allied subjects leading to the degree of bachelor of arts, bachelor of science, bachelor of nursing, or to an equivalent degree, or to a graduate degree in nursing.

(n) The term "associate degree school of nursing" means a department, division, or other administrative unit in a junior college, community college, college, or university which provides primarily or exclusively an accredited two-year program of education in professional nursing and allied subjects leading to an associate degree in nursing or to an equivalent degree.

(0) The term "accredited" when applied to any program of nurse education means a program accredited by a recognized body or bodies approved for such purpose by the Commissioner of Education.

(20 U.S.C. 403) Enacted Sept. 2, 1958, P.L. 85-864, Title I, sec. 103, 72 Stat. 1582; amended June 25, 1959, P.L. 86-70, sec. 18(a) (1), 73 Stat. 144; amended July 12, 1960; P.L. 86-624, sec. 14(a) (1), 74 Stat. 413; amended Dec. 18, 1963, P.L. 88-210, sec. 21, 77 Stat. 415; amended 88-665, Title I, secs. 102, 103, 78 Stat. 1100; amended Nov. 8, 1965, P.L. 89-329 Title IV, sec. 461, 79 Stat. 1251; amended Nov. 3, 1966, P.L. 80-752, sec. 16(b), 80 Stat. 1245; amended Oct. 16, 1968, P.L. 90-575, Title I, sec. 174, 82 Stat. 1035.

Title III-Financial Assistance for Strengthening Instruction in Science, Mathematics, Modern Foreign Languages, and Other Critical Subjects

PART A-GRANTS TO STATES

APPROPRIATIONS AUTHORIZED

SEC. 301. There are hereby authorized to be appropriated $70,000,000 for the fiscal year ending June 30, 1959, and for each of the five suc

ceeding fiscal years, $90,000,000 for the fiscal year ending June 30, 1965, and $100,000,000 for the fiscal year ending June 30, 1966, and for the succeeding fiscal year, $110,000,000 for each of the fiscal years ending June 30, 1968, and June 30, 1969, $120,500,000 for the fiscal year ending June 30, 1970, and $130,500,000 for the fiscal year ending June 30, 1971, for (1) making payments to State educational agencies under this title for the acquisition of equipment and for minor remodeling, described in paragraph (1) of section 303 (a), and (2) making loans authorized in section 305. There are also authorized to be appropriated $5,000,000 for the fiscal year ending June 30, 1959, and for each of the five succeeding fiscal years, and $10,000,000 for each of the succeeding fiscal years ending prior to July 1, 1971, for making payments to State educational agencies under this part to carry out the programs described in paragraph (5) of section 303 (a).

(20 U.S.C. 441) Enacted Sept. 2, 1958, P.L. 85-864, Title II, sec. 301, 72 Stat. 1588; amended Oct. 3 (1961, P.L. 87-344, Title II, sec. 202(a), 75 Stat. 760; amended Dec. 18, 1963, P.L. 88-210, sec. 23(a), 77 Stat. 416; amended Oct. 16, 1964, P.L. 88-665, Title III, sec. 302, 78 Stat. 1103; amended Nov. 8, 1965, P.L. 89-329, sec. 467(a)(a), 79 Stat. 1254; amended Nov. 3, 1966, P.L. 89-752, sec. 82 Stat. 1052-1053; amended April 13, 1970, P.L. 91-230, sec. 807(a)(3), 84 Stat. 192.

ALLOTMENTS TO STATES

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SEC. 302. (a) (1) From the sums appropriated pursuant to the first sentence of section 301 for any fiscal year the Commissioner shall reserve such amount, but not in excess of 3 per centum thereof, as he determine for allotment as provided in section 1008 (A), and such amount, not in excess of 1 per centum thereof, as he may determine for allotment as provided in section 1008 (B), and shall reserve 12 per centum for loans authorized in section 305. From the remainder of such sums the Commissioner shall allot to each State an amount which bears the same ratio to the amount of such remainder as the product of

(A) the school-age population of the State, and

(B) the State's allotment ratio (as determined under paragraph (2)),

bears to the sum of the corresponding products for all the States. (2) The "allotment ratio" for any State shall be 100 per centum less the product of (A) 50 per centum and (B) the quotient obtained by dividing the income per child of school age for the State by the income per child of school age for the United States, except that the allotment ratio shall in no case be less than 333 per centum or more than 66 per centum. The allotment ratios shall be promulgated by the Commissioner between July 1 and August 31 of each even-numbered year beginning with calendar year 1964, on the basis of the average of the incomes per child of school age for the States and for the United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Each such promulgation shall be conclusive for each of the two fiscal years in the period July 1 next succeeding such promulgation, except that the ratios promulgated in 1959 shall be conclusive for each of the five fiscal years in the period beginning July 1, 1960, and ending June 30, 1965.

(3) For the purposes of this part

(A) The term "child of school age" means a member of the population between the ages of five and seventeen, both inclusive. (B) The term "United States" means the fifty States and the District of Columbia.

(C) the term "income per child of school age" for any State or for the United States means the total personal income for the State and the United States, respectively, divided by the number of children of school age in such State and in the United States, respectively.

(b) From the sums appropriated pursuant to the second sentence of section 301 for any fiscal year the Commissioner shall reserve such amount, but not in excess of 2 per centum thereof, as he may determine for allotment as provided in section 1008. From the remainder of such sums the Commissioner shall allot to each State an amount which bears the same ratio to the amount of such remainder as the school-age population of such State bears to the total of the school-age populations of all of the States. The amount allotted to any State under the preceding sentence for any fiscal year which is less than $50,000 shall be increased to $50,000, the total thereby required being derived by proportionately reducing the amount allotted to each of the remaining States under the preceding sentence, but with such adjustments as may be necessary to prevent the allotment of any of such remaining States from being thereby reduced to less than $50,000.

(c) 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 the other States in proportion to the original allotments to such States under subsection (a) of this section, but with such proportionate amount for any such State 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 reserved for any fiscal year for making loans under section 305 which the Commissioner determines will not be required for that purpose for such year shall be available for allotment among the States in the manner provided in the preceding sentence for reallotments. Any amount allotted or reallotted to a State under this subsection during a year from funds appropriated pursuant to section 301 shall be deemed part of its allotment under subsection (a) of this section for such year.

(20 U.S.C. 442) Enacted Sept. 2, 1958, P.L. 85-864, Title III, sec. 301, 72 Stat. 1588; amended June 25, 1959, P.L. 86-70, sec. 18(a) (2), 73 Stat. 144; amended July 12, 1960, P.L. 86-624, sec. 14(a)(2), 74 Stat. 413; amended Oct. 3, 1961, P.L. 87-344, Title II, sec. 202(b), 75 Stat. 760; amended Dec. 18, 1963, P.L. 88-210, sec. 23(b), 77 Stat. 416; amended Oct. 16, 1964, Title III, sec. 303, 78 Stat. 1103; amended Oct. 16, 1968, P.L. 90-575, Title III, sec. 303, 304, 351, 82 Stat. 1053, 1058.

STATE PLANS

SEC. 303. (a) Any State which desires to receive payments under this part shall submit to the Commissioner, through its State educational agency, a State plan which meets the requirements of section 1004(a) and

(1) sets forth a program under which funds paid to the State from its allotment under section 302 (a) will be expended solely for projects approved by the State educational agency for (A) acquisition of laboratory and other special equipment (other than supplies consumed in use), including audiovisual materials and equipment, and printed and published materials (other than textbooks), suitable for use in providing education in academic subjects in public elementary or secondary schools, or both, and of test grading equipment for audiovisual libraries serving such schools, and such equipment may, if there exists a critical need there for in the judgment of local school authorities, be used when available and suitable in providing education in other subject matter, and (B) minor remodeling of laboratory or other space used for such materials or equipment;

(2) sets forth principles for determining the priority of such projects in the State for assistance under this part and provides for undertaking such projects, insofar as financial resources available therefor make possible, in the order determined by the application of such principles;

(3) provides an opportunity for a hearing before the State educational agency to any applicant for a project under this part; (4) provides for the establishment of standards on a State level for laboratory and other special equipment acquired with assistance furnished under this part;

(5) sets forth a program under which funds paid to the State from its allotment under section 302 (b) will be expended solely for (A) expansion or improvement of supervisory or related services in public elementary and secondary schools in the fields of academic subjects, and (B) administration of the State plan; and

(6) sets forth any requirements imposed upon applicants for financial participation in projects assisted under this part, including any provision for taking into account, in such requirements, the resources available to any applicant for such participation relative to the resources for participation available to all other applicants.

(b) The Commissioner shall approve any State plan and any modification thereof which complies with the provisions of subsection (a).

(20 U.S.C. 443) Enacted Sept. 2, 1958, P.L. 85-864, Title III, sec. 303, 72 Stat. 1589; amended Dec. 18. 1963, P.L. 88-210, sec. 23(c), 77 Stat. 417; amended Oct. 16, 1964, P.L. 88-665, Title III, sec. 304; 78 Stat. 1103; amended Nov. 8, 1965, P.L. 89-329, Title IV. sec. 467 (a) (1), 79 Stat. 1254; amended Nov. 3, 1966, P.L. 89–752, sec. 17(a), 80 Stat. 1244; amended Oct. 16, 1968, P.L. 90-575, Title III, sec. 302, 304, 82 Stat. 1052-1053; amended April 13, 1970, P.L. 91-230, sec. 807(a) (1) (2), 84 Stat. 192.

PAYMENTS TO STATES

SEC. 304. (a) From a State's allotment for a fiscal year under section 302 (a), the Commissioner shall, from time to time during the period such allotment is available for payment as provided in paragraph (4) of section 302(a), pay to such State an amount equal to one-half of the expenditures for projects for acquisition of equipment and minor remodeling referred to in paragraph (1) of section 303 (a) which are carried out under its State plan approved under section

303(b); except that no State shall receive payments under this subsection for any period in excess of its allotments for such period under section 302(a).

(b) From a State's allotment under section 302 (b) for the fiscal year ending June 30, 1959, the Commissioner shall from time to time pay to such State an amount equal to the amount expended by such State for such year to carry out the program referred to in paragraph (5) of section 303 (a) under its State plan approved under section 303(b). From a State's allotment under section 302 (b) for the fiscal year ending June 30, 1960, and for each of the eleven succeeding fiscal years, such payments shall equal one-half of the amount so expended under its State plan approved under section 303(b); except that no State shall receive payments under this subsection for any fiscal year in excess of its allotment under section 302 (b) for that fiscal year.

(20 U.S.C. 444) Enacted Sept. 2, 1958, P.L. 85-864, Title III. sec. 304, 72 Stat. 1589; amended Oct. 3, 1961, P.L. 87-344, Title II, sec 202(c), 75 Stat. 760; amended Dec. 18, 1963, P.L. 88-210, sec. 23(d), 77 Stat. 417; amended Oct. 16, 1964, P.L. 88-665, Title III, sec. 305, 78 Stat. 1104; amended Oct. 16, 1968, P.L. 90-575, Title III, sec. 301, 82 Stat. 1052.

LOANS TO NONPROFIT PRIVATE SCHOOLS

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SEC. 305. From the sums reserved for each fiscal year for the poses of this section under the provisions of section 302 (a), the Commissioner is authorized to make loans to private nonprofit elementary and secondary schools in any State. Any such loan shall be made only for the purposes for which payments to State educational agencies are authorized under the first sentence of section 301, and

(1) shall be made upon application containing such information as may be deemed necessary by the Commissioner;

(2) shall be subject to such conditions as may be necessary to protect the financial interest of the United States;

(3) shall bear interest at the rate arrived at by adding onequarter of 1 per centum per annum to the rate which the Secretary of the Treasury determines to be equal to the current average market yield on outstanding marketable obligations of the United States with redemption periods to maturity comparable to the average maturities of such loans as computed at the end of the fiscal year next preceding the date the application for the loan is approved and by adjusting the result so obtained to the nearest one-eighth of 1 per centum; and

(4) shall mature and be repayable on such date as may be agreed to by the Commissioner and the borrower, but such date shall not be more than ten years after the date on which such loan was made.

(20 U.S.C. 455) Enacted Sept. 2, 1958, P.L. 85-864, Title III, sec. 305, 72 Stat. 1590; amended P.L. 88-665, Title III, sec. 306, 78 Stat. 1104; amended Oct. 16, 1968, P.L. 90-575, Title III, sec. 303, 82 Stat. 1053.

PART B-GRANTS TO LOCAL EDUCATIONAL AGENCIES

APPROPRIATIONS AUTHORIZED

SEC. 311. There are hereby authorized to be appropriated, for carrying out this part, $84,373,000 for the fiscal year ending June 30,