PUBLIC LAW 94-482-OCT. 12, 1976 90 STAT. 2081 Public Law 94-482 94th Congress An Act To extend the Higher Education Act of 1965, to extend and revise the Vocational Oct. 12, 1976 [S. 2657] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be Education cited as the "Education Amendments of 1976". TABLE OF CONTENTS TITLE I-HIGHER EDUCATION PART A-COMMUNITY SERVICES AND CONTINUING EDUCATION Sec. 101. Extension and revision of program. PART B-COLLEGE LIBRARY ASSISTANCE AND LIBRARY TRAINING AND RESEARCH Sec. 106. Extension of authorization. Sec. 107. Revision of research library resources. Amendments note. PART C-STRENGTHENING DEVELOPING INSTITUTIONS Sec. 111. Extension of authorization. PART D-STUDENT ASSISTANCE Sec. 121. Basic educational opportunity grants. Sec. 122. Supplemental educational opportunity grants. Sec. 123. State student incentive grants. Sec. 124. Special programs for students from disadvantaged backgrounds. Sec. 125. Education information program. Sec. 126. Veterans' cost-of-instruction payments. Sec. 127. Federal and State insured loan programs. Sec. 128. Work study program. Sec. 129. Cooperative education. Sec. 130. Direct loan program. Sec. 131. Student consumer information. Sec. 132. Eligibility for student assistance. Sec. 133. Fiscal responsibility. PART E-EDUCATION PROFESSIONS DEVELOPMENT Sec. 151. Revision of title V. Sec. 152. Teacher corps. Sec. 153. Teacher training programs. PART F-FINANCIAL ASSISTANCE FOR THE IMPROVEMENT OF UNDERGRADUATE INSTRUCTION Sec. 156. Extension of authorization. Sec. 157. Revision of maintenance of effort. PART G-CONSTRUCTION OF ACADEMIC FACILITIES Sec. 161. Extension of program. Sec. 162. Revision of program. PART H-GRADUATE PROGRAMS Sec. 171. Extension and revision of graduate fellowships and assistance. Sec. 301. Extension of title III of the National Defense Education Act of 1958. Sec. 303. Extension of the International Education Act of 1966. PART B-OTHER EDUCATION PROGRAMS Sec. 321. Extension and revision of the Emergency School Aid Act. Sec. 322. Extension of the Allen J. Ellender fellowship program. Sec. 323. Maintenance of effort. Sec. 324. Participation of nonpublic school children. Sec. 325. Women's educational equity. Sec. 326. State equalization plans. Sec. 327. Indochina Refugee Children Assistance Act of 1976 and similar programs. Sec. 328. Hold harmless relating to title IV of Elementary and Secondary Education Act of 1965. Sec. 329. Amendment to Adult Education Act. Sec. 330. Amendments relating to Public Law 874, Eighty-first Congress. Sec. 401. Survey of availability of qualified teachers. Sec. 402. Extension of Fund for Improvement of Postsecondary Education. Sec. 404. Technical revision relating to prohibition against Federal control. Sec. 406. Control of paperwork. Sec. 407. Administrative hearings. Sec. 408. Student admission practices. Sec. 409. Extension of reporting dates for certain programs. Sec. 410. Treatment of Indian postsecondary schools. Sec. 411. Presidential advisory councils. Sec. 412. Amendment relating to sex discrimination. PUBLIC LAW 94-482-OCT. 12, 1976 TITLE V-TECHNICAL AND MISCELLANEOUS PROVISIONS PART A-TECHNICAL AMENDMENTS Sec. 501. Technical amendments. PART B-MISCELLANEOUS AMENDMENTS Sec. 521. Reports on high school equivalency program and college assistance migrant program. Sec. 522. Report on reorganization of Education Division. Sec. 523. Studies of vocational education. Sec. 524. Departmental day care center. Sec. 525. Wayne Morse Chair of Law and Politics. PART C-TRANSITION PERIOD; EFFECTIVE DATES Sec. 531. Transition period. Sec. 532. Effective dates. TITLE I-HIGHER EDUCATION PART A-COMMUNITY SERVICES AND CONTINUING EDUCATION EXTENSION AND REVISION OF PROGRAM 90 STAT. 2083 SEC. 101. (a) Section 101 of the Higher Education Act of 1965 20 USC 1001. (hereafter in this title referred to as "the Act") is amended to read as follows: "APPROPRIATIONS AUTHORIZED "SEC. 101. (a) For the purpose of (1) assisting the people of the United States in the solution of community problems such as housing, poverty, government, recreation, employment, youth opportunities, transportation, health, and land use by enabling the Commissioner to make grants under this title to strengthen community service programs of colleges and universities, (2) supporting the expansion of continuing education in colleges and universities and (3) supporting resource materials sharing programs, there are authorized to be appropriated $40,000,000 for the fiscal years 1977, 1978, and 1979. "(b) For the purpose of carrying out a program for the promotion of lifelong learning in accordance with the provisions of part B, there are authorized to be appropriated, $20,000,000 for fiscal year 1977, $30,000,000 for fiscal year 1978, and $40,000,000 for fiscal year 1979.". (b) Title I of such Act is amended (1)(A) by amending the heading of section 102 to read as follows: “DEFINITION OF COMMUNITY SERVICE PROGRAM AND CONTINUING EDUCATION PROGRAM": (B) by inserting (a)" after the section designation of such section 102; and (C) by inserting at the end thereof the following new subsections: "(b) For purposes of this title the term 'continuing education program' means postsecondary instruction designed to meet the educational needs and interests of adults, including the expansion of available learning opportunities for adults who are not adequately served by current educational offerings in their communities. 20 USC 1002. 90 STAT. 2084 20 USC 1003. 20 USC 1004. State plan. 20 USC 1005. PUBLIC LAW 94-482-OCT. 12, 1976 "(c) For purposes of this title, the term 'resource materials sharing programs' means planning for the improved use of existing community learning resources by finding ways that combinations of agencies, institutions, and organizations can make better use of existing educational materials, communications technology, local facilities, and such human resources as will expand learning opportunities for adults in the area being served."; (2) by amending section 103 (a) to read as follows: "SEC. 103. (a) From the sums appropriated pursuant to section 101 (a) for any fiscal year which are not reserved under section 106(a), the Commissioner shall allot to each State an amount which bears the same ratio to such sums as the population of such State bears to the population of all the States, except that, for any fiscal year beginning on or after October 1, 1976, no State shall be allotted from such sums less than the amount which such State received during the fiscal year beginning July 1, 1975. (3) by striking out "community service programs” in section 104 and inserting in lieu thereof "community service and continuing education programs, including resource material sharing programs,"; (4) by striking out so much of section 105(a) as precedes paragraph (1) and inserting in lieu thereof the following: "SEC. 105. (a) Any State desiring to receive its allotment of funds under this part for use in community service and continuing education programs, including resource material sharing programs, shall designate or create a State agency or institution which has special qualifications with respect to solving community problems and which is broadly representative of institutions of higher education in the State which are competent to offer community service and continuing education programs, including resource material sharing_programs, and shall submit to the Commissioner a State plan. If a State desires to designate for the purpose of this section an existing State agency or institution which does not meet these requirements, it may do so if the agency or institution takes such action as may be necessary to acquire such qualifications and assure participation of such institu tions, or if it designates or creates a State advisory council which meets the requirements not met by the designated agency or institution to consult with the designated agency or institution in the preparation of the State plan. A State plan submitted under this part shall-". (5)(A) by inserting or combination" after "and institution" in section 105(a) (2) ; and (B) by striking out "community service programs" each place it appears in such section and inserting in lieu thereof "community service and continuing education programs, including resource materials sharing programs,”; (6) (A) by inserting "and combinations thereof" immediately after "institution of higher education” each place it appears in section 105(a) (3); (B) by striking out "community service programs” cach place it appears in such section and inserting in lieu thereof "cominunity service and continuing education programs, including resource materials sharing programs."; and (C) by striking out "in the light of information regarding current and anticipated community problems in the State" in subparagraph (C) of such section; (7) by striking out "community service programs” in section PUBLIC LAW 94-482-OCT. 12, 1976 90 STAT. 2085 105 (a) (4) and inserting in lieu thereof "community service and 20 USC 1005. continuing education programs, including resource materials sharing programs,"; (8) by inserting "or combinations thereof" after "institutions of higher education" in section 105(a) (5); (9) by striking section 105 (a) (6) and inserting in lieu thereof the following: "(6) assurances that all institutions of higher education in the State have been given the opportunity to participate in the development of the State plan."; and (10) by inserting immediately after section 105(b) the following new subsection: "(c) The Commissioner shall not by standard, rule, regulation, guideline, or any other means, either formal or informal, require a State to make any agreement or submit any data which is not specifically required by this part.". (c) Section 107(a) of the Act is amended by striking out "$25,000" 20 USC 1006. and inserting in lieu thereof "$40,000". (d) Section 109 of the Act is amended to read as follows: "JUDICIAL REVIEW "SEC. 109. If a State's plan is not approved under section 105(b) or a State's eligibility to participate in the program is suspended 20 USC 1008. as a result of the Commissioner's action under section 108 (b), the 20 USC 1007. State may within sixty days after notice of the Commissioner's decision institute a civil action in an appropriate United States district court. In such an action, the court shall determine the matter de novo.”. (e) Title I of the Act is further amended by redesignating sections 111, 112, and 113, and any references thereto, as sections 112, 113, and 114, respectively, and inserting immediately after section 110 the following new section: "TECHNICAL ASSISTANCE AND ADMINISTRATION "SEC. 111. (a) The Commissioner is authorized to reserve not to exceed 10 per centum of the amount appropriated for any fiscal year pursuant to section 101 (a) in excess of $14,500,000 for the purpose of this section. "(b) From funds reserved under subsection (a) of this section, the Commissioner shall provide technical assistance to the States and to institutions of higher education. Such technical assistance shall "(1) provide a national diffusion network to help assure that effective programs are known among such States and institutions; "(2) assist with the improvement of planning and evaluation procedures; and "(3) provide information about the changing enrollment patterns in postsecondary institutions, and provide assistance to such States and institutions in their efforts to understand these changing patterns and to accommodate them.". "(c) The Commissioner shall provide for coordination between community service and continuing education programs (including resource materials sharing programs) conducted by him with all other appropriate offices and agencies, including such offices and agencies which administer vocational education programs, adult education programs, career education programs, and student and institutional assistance programs.". 20 USC 10091011. 20 USC 1008b. 20 USC 1001. |