JUDICIAL REVIEW Sec. 214. (a) If any State or local educational agency is dissatisfied with the Commissioner's final action with respect to the approval of state plan submitted under section 206 or with his final action under section 213, such State or local educational agency may, within sixty days after notice of such action, file with the United States court of appeals for the circuit in which such State is located, a petition for review of that action A copy of the petition shall be forthwith transmitted by the clerk of the court to the Commissioner. The Commissioner thereupon shall file in the court the record of the proceedings on which he based his action, as provided in section 2112 of title 28, United States Code. (b) The findings of fact by the Commissioner, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Commissioner to take further evidence, and the Commissioner may thereupon make new or modified findings of fact and may modify his previous action, and shall file in the court the record of the further proceedings. new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. Such (c) Upon the filing of such petition, the court shall have jurisdiction to affirm the action of the Commissioner or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certificaion as provided in section 1254 of title 28, United States Code. LABOR STANDARDS Sec. 215. All laborers and mechanics employed by contractors and subcontrators in any construction which is assisted under this title shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 276a-276a-5). The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat. 1267) and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c). RECORDS, AUDITS AND REPORTS Sec. 216. In order to assure that payments made pursuant to section 203 are used in accordance with the provisions of this title, any State educational agency and any local educational agency receiving such payments shall (a) use such fiscal, audit, and accounting procedures as may be necessary to assure (1) proper accounting for payments received by it, and (2) proper disbursement of such payments; (b) provide to the Assistant Secretary and the Comptroller General of the United States access to, and the right to examine, any books, documents, papers, or records pertaining to any activity being funded under this title as he requires; and (c) make such reports pertaining to any activity being funded under this title to the Assistant Secretary or the Comptroller General of the United States as he requires. CIVIL RIGHTS Sec. 217. Payments made under this title shall be subject to title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d) and title IX of the Education Amendments of 1972 (20 U.S.C. 1681-1686). ANNUAL REPORT Sec. 218. The Assistant Secretary shall make an annual report to the President and the Congress pertaining to the effectiveness of assistance 'under this title in meeting the educational needs of children and adults. AUTHORIZATION AND IMPLEMENTATAION OF APPROPRIATIONS Sec. 219. (a) There are hereby authorized to be appropriated for the purposes of implementing section 220 and section 221 such sums as may be necessary. (b) In any fiscal year, section 203 of this title shall only become effective if for that fiscal year the aggregate amounts appropriated, as adjusted by the cost of education index,. for the programs described in section 208 exceed the aggregate amount appropriated for such programs in the base year. NATIONAL ADVISORY COUNCIL ON ELEMENTARY AND SECONDARY EDUCATION Sec. 220. (a) There shall be a National Advisory Council on Elementary and Secondary Education consisting of fifteen members which shall: (1)(A) meet on no less than a quarterly basis to review the operation and administration of federal assistance programs to elementary and secondary education and transmit its findings and recommendations to the Chairman of the House Committee on Education and Labor and the Chairman of the Senate Committee on Labor and Public Welfare within thirty days after each meeting; (i) shall include a review and recommendations for the ensuing fiscal year of: (I) the general condition of education in the United States, (II) line item budgetary amounts for each federal education program, and (III) the effectiveness of federal assistance to elementary and secondary education; and (ii) shall be transmitted, by not later than November 1, in any calendar year, to the President, the Chairman of the Senate Committee on Labor and Public Welfare, the Chairman of the Senate Committee on Appropriations, the Chairman of the House Committee on Education and Labor, and the Chairman of the House Committee on (2) Give adequate consideration to pertinent reports of state advisory councils, national advisory councils established to review specific federal elementary and secondary education programs, the National Center for Educational Statistics, and the Assistant Secretary before issuing any findings, recommendations or reports. (b) The membership of the National Council shall be appointed by the President, with the advice and consent of the U.S. Senate, with the proviso that two individuals shall be selected from a panel of four individuals submitted, respectively, by each of seven major national education organizations. The President shall designate a chairman and a vice chairman. (c) Appointments to the National Council shall be for non renewable terms of two years, except that in the first year one appointment from each of the seven panels described in subsection (b) shall be for a term of one year. (d) The Assistant Secretary shall be a member of the National Council, but he shall not be subject to the provisions of subsection (b) and (c). DATA DEVELOPMENT Sec. 221. (a) The Director of the National Center for Education Statistics shall: (1) determine the cost of eduacation in each state, and in the United States for the Fiscal Year 1972; and on the base of said fiscal year, using the most recent data available, he shall develop and annually update a cost of education index which includes annual variations for: (A) average expenditures and average current experditures; and (B) the cost of each federal assistance program in terms of per pupil service or in terms of textbooks, equipment, and,other goods and services, as the case may be, for each such program; and (2) transmit the cost of education index to the Assistant Secretary, the Chairman of the House Committee on Appropriations, the Chairman of the Senate Comittee on Appropriations, and the National Advisory Council on Elementary and Secondary Education by no later than September 1st of each calendar year. (b) The Secretary is hereby authorized to take such steps as may be necessary, including arrangements with other agencies of government, to collect and develop data on the average per capita personal income of the school districts of the United States. DEFINITIONS Sec. 222. The following definitions shall apply to the terms used in this title: (1) The term "average daily attendance" means- the per pupil average daily attendance enrolled in the public elementary and secondary schools of the state or local educational agency, as the case may be, as determined by the Commissioner. (2) The term "average current expenditures" means the current expenditures of a local educational agency, a State, or the United States, as the case may be, divided by the average daily attendance thereof. (3) The term "average total expenditures" means the total expenditures of a local educational agency, a State, or the United States, as the case may be, divided by the average daily attendance thereof. (4) The term "base year" means the fiscal year ending on June 30, 1972. (5) The term "current expenditures" means expenditures for public education, including expenditures for administration, instruction, attendance and health services, pupil transportation services, operation and maintenance of plant, fixed charges, and net expenditures to cover deficits for community services capital outlay, debt services, or expenditures made from federal grants in aid. (6) The term "elementary school" means a day or residential school which provides elementary education, as provided by state law. (7) The term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative |