Appendix A NATIONAL DEFENSE EDUCATION ACT OF 1958 Public Law 85-864 85th Congress, H.R. 13247 TITLE X-MISCELLANEOUS PROVISIONS EDUCATIONAL AGENCIES SEC. 1009. (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 education in the States, there are hereby authorized to be appropriated for the fiscal year ending June 30, 1959, and each of the three succeeding fiscal years, for grants to States under this section, such sums as the Congress may determine. (b) Grants under this section by the Commissioner shall be equal to onehalf of the cost of State educational agency programs to carry out the purposes of this section, including (1) improving the collection, analysis, and reporting of statistical data supplied by local educational units, (2) the development of accounting and reporting manuals to serve as guides for local educational units, (3) the conduct of conferences and training for personnel of local educational units and of periodic reviews and evaluation of the program for records and reports, (4) improving methods for obtaining, from other State agencies within the State, educational data not collected by the State educational agency, or (5) expediting the processing and reporting of statistical data through installation and operation of mechanical equipment. The total of the payments to any State under this section for any fiscal year may not exceed $50,000. (c) Payments with respect to any program of a State educational agency under this section may be made (1) only to the extent it is a new program or an addition to or expansion of an existing program, and (2) only if the State plan approved under subsection (d) includes such program. (d) The Commissioner shall approve any State plan for purposes of this section if such plan meets the requirements of section 1004 (a) and sets forth the programs proposed to be carried out under the plan and the general policies to be followed in doing so. Approved September 2, 1958. Appendix B Regulations: Section 1009 of Title X NATIONAL DEFENSE EDUCATION ACT OF 1958 PART 140-FEDERAL ASSISTANCE FOR IMPROVEMENT OF STATISTICAL SERVICES OF STATE EDUCATIONAL AGENCIES Part 140 establishes regulations for the administration of section 1009 of the National Defense Education Act of 1958, as amended, 72 Stat. 1605, 20 U.S.C. 589. Part 140 reads as follows: 140.3 New programs and additions to or expansions of existing programs. State agency for administration. 140.4 Subpart C-Federal Financial Participation and Payment 140.9 Federal participation. 140.12 Use of State rule in determining the fiscal year's allotment to which AUTHORITY: §§ 140.1 to 140.15 issued under secs. 1001, 1009, 72 Stat. 1602, 1605, 20 U.S.C. 581, 589. § 140.1 Definitions. As used in this part: Subpart A-Definitions (a) "Section 1009" means section 1009 of the National Defense Education Act of 1958, Public Law 85-864, as amended (72 Stat. 1605), 20 U.S.C. 589. (b) "State" means a State, Puerto Rico, the District of Columbia, the Canal Zone, Guam, or the Virgin Islands. (c) "Commissioner" means the United States Commissioner of Education, Department of Health, Education, and Welfare, or his delegates. (d) "Department" means the Department of Health, Education, and Welfare. (e) "State educational agency" or "State agency" means the State board of education or other agency or officer primarily responsible for the State supervision of public elementary and secondary schools, or, if there is no such officer or agency, an officer or agency designated by the governor or by State law. (f) "Educational statistics" means the information, facts, and data concerning education in public and nonpublic educational institutions which are recorded in and reported by State or local systems of records and reports, or both, for the purpose of reflecting the condition and progress of organized education in the State. (g) "State plan" or "plan" means the document or documents submitted by a State for approval by the Commissioner to comply with the requirements for participation under section 1009. § 140.2 The State plan. Subpart B-State Plans (a) Purpose. A basic condition for the payment of Federal funds to a State for improvement of statistical services of State educational agencies is the submission of a State plan meeting the requirements of section 1009. This plan shall include a description of the present educational statistical activities in the State educational agency and of the program(s) proposed by the State educational agency for improving the State and local statistical services, and the general policies and procedures to be followed in so doing, except that, in cases where the plan provides for an evaluation of the present educational statistics program, the submission of a description of the present program, in connection with the report of such evaluation when completed will be accepted as a substitute for the description in the State plan. The plan shall clearly show how each program under the plan is a "new program" or "an addition to an existing program" or "an expansion of an existing program" within the meaning of § 140.3. The description of each of the State agency programs shall set forth the scope of the agency activities and arrangements to be undertaken in carrying out such programs. The plan, when approved by the Commissioner, shall constitute the basis on which Federal grants will be made, as well as a basis for determining the propriety of State and local expenditures in which Federal participation is requested. (b) Submission. The State plan and all amendments thereto shall be submitted to the Commissioner for approval by a duly authorized officer of the State agency. The plan shall indicate the official or officials authorized to submit plan material. (c) Amendment. The administration of the programs must be kept in conformity with the approved State plan, Whenever there is any material change in the content or administration of a program, or when there has been a change in pertinent State law or in the organization, policies, or operations of the State educational agency affecting a program, under the plan, the State plan must be appropriately amended. (d) Certificate of the State educational agency. The State plan and all amendments thereto must include as an attachment a certificate of the officer of the State educational agency authorized to submit the State plan to the effect (1) that the plan or amendment has been adopted by the State agency and that the plan, or plan as amended, will constitute the basis for operation and administration of the program(s) in which Federal participation under section 1009 will be requested and (2) that the program(s) is (are) either new program(s) or additions to or expansions of one or more existing programs within the meaning of § 140.3. (e) Certificate of the State Attorney General. The plan must also include as an attachment a certificate of the State's Attorney General to the effect that the State agency named in the plan is the "State educational agency" as defined in § 140.1 (e) which has authority under State law to submit the State plan and to carry out the program(s) described therein as the sole State agency responsible for the administration of the plan, and that all of the plan provisions are consistent with State law. If an official, other than the Attorney General of the State, is designated by State law to advise the State educational agency on legal matters and if the rulings of such official have the same legal effect with respect to the agency as rulings of the Attorney General have with respect to agencies advised by him, the certification may be made by such official. § 140.3 New programs and additions to or expansions of existing programs. (a) New Programs. A new program is a plan of operations and the activities to carry out such plan in which none of the principal elements involved were being employed before the program was initiated and which does one or more of the following: (1) Collects and disseminates educational information from a category of sources not before used, e.g., from kindergartens, libraries, junior colleges or private schools, the same types of information hitherto collected only from public schools, grades 1 through 12; or (2) collects, processes, or disseminates information of a new type which requires a different technique of collection, processing, or analysis, or a different type of publication, to make it useful for educational purposes, e.g., information concerning the causes of absence, or physical and health characteristics of children, or the effects of one or more of these on educational progress, collected in a State where only classroom and curricular information had been analyzed and disseminated before; or (3) by adopting a new and different type of analysis or processing, makes use of information hitherto collected for an entirely new and different purpose, e.g., the use of electronic equipment to analyze and show the relationship between educational progress and attendance, or health, or physical training, or participation in organized sports, or certain types of physical handicaps of children, or the social or educational background of teachers, etc. An evaluative study undertaken in connection with the State plan to determine ways of improving the State agency's program for providing educational statistics may also qualify as a new program within the meaning of this section. (b) Addition or expansion. An addition to or expansion of an existing program is a plan of operations, and the activities to carry out such plan, which involve additional expenditures by the State educational agency for statistical services of the types set forth in section 1009 (b) of the Act, over and above those hitherto expended for like services, and does one or more of the following: (1) Provides for collecting and disseminating increased amounts of data about educational areas in which the agency is already making data available; (2) provides for recording, collecting, or disseminating types of |