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970

Statement of—Continued

Page Reeves, Floyd W., chairman, Commission on Educational Recon

struction of the American Federation of Teachers, an affiliate of
of the American Federation of Labor.--

460–473, 501 Rivin, S. H., secretary, Missoula Central Trades and Labor Council,

Missoula, Mont. Robnett, George W., National Laymen's Council and Church League of America

956 Rogers, Elmer E., aide to the Grand Commander of the Supreme

Council Thirty-third Degree, Ancient and Accepted Scottish Rite
of Freemasonry

914 Root, Margaret, president, Philadelphia Teachers Union, Philadelphia, Pa...

604 Rueter, Edgar H., president, Cleveland Teachers Union, Ohio Federation of Teachers-

551 Russell, Mrs. Rose, Teachers' Union, New York City, local 555, State, County and Municipal Workers, CIO..

945 St. Pauls Holy Name Society, Anaconda, Mont.

970 St. Paul, Minn., city of..

604 Spain, John, Jr., business agent, United Electrical Radio and Machine Workers of America, Trenton, N. J.

961 Spalding, Dr. Willard B., superintendent of schools, Portland, Oreg- 538 Spaulding, R. H., secretary, local No. 754, American Federation of Teachers, Great Falls, Mont..

970 Smith, Russell, legislative secretary, National Farmers Union.

615 Sweeney, Florence, president, Detroit Federation of Teachers

962 Sweeney, James P., subregional director, CIO, Trenton, N. J

962 Taggart, Miss Helen E., vice president, American Federation of Teachers Midwestern Area..

559 Tavlor, James A., president, Washington State Federation of Labor, Seattle, Wash..

970 Turley, Ira S., president, Chicago Teachers Union

594-684 Wagner, W. D., secretary, Central Labor Council of Anaconda, Anaconda, Miont...

970 Walker, Roscoe C., State council, secretary of the State Council of New 'Jersey, Junior Order of United American Mechanics

470 Walsh, Dr. Mary Elizabeth, assistant professor of sociology, Catholic University of America, Washington, D. C.-

927 Weber, Addie L., president, New Jersey State Federation of Teachers, Trenton, N.J?

959-962 Weyler Edward H., Kentucky State Federation of Labor, Louisville, Ky

577 Woll, Mathew, vice president, American Federation of Labor.- 437-948 Worrell, Mrs. Margaret Hopkins, national legislative chairman, Ladies of the Grand Army of America

931 Zook, Dr. George F., president, American Council on Education. 638

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FEDERAL AID FOR EDUCATION

WEDNESDAY, APRIL 11, 1945

UNITED STATES SENATE,
COMMITTEE ON EDUCATION AND LABOR,

Washington, D.C. The

committee met, pursuant to call, at 10 a. m., in room 357, Senate Office Building, Senator David I. Walsh presiding.

Present: Senators Walsh, Thomas, Hill, Fulbright, Aiken, Ball, Smith, Morse, and Donnell.

Senator WALSH. The committee will come to order. In the absence of the chairman, I have been requested to preside at this meeting this morning. The committee is in session to hear witnesses on Š. 717 and S. 181.

(S. 717 is as follows:)

[S. 717, 79th Cong., 1st sess.)

A BILL To authorize the appropriation of funds to assist the States in more adequately

financing education and in removing substandard conditions in education ; to aid in establishing and maintaining education services; to eradicate illiteracy; to preserve and promote the national security in peace and in war; to raise the educational level of the Nation; and to promote the general welfare

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-GENERAL PROVISIONS

STATE CONTROL OF EDUCATION MAINTAINED

SECTION 1. The funds authorized to be appropriated pursuant to the provisions of this Act shall be used to help maintain the educational systems and educational programs within the several States; it being the expressed intent of the Congress that the provisions of this Act shall be so construed as to encourage local and State initiative and responsibility in the conduct of education and reserve explicitly to the States and their local subdivisions the organizations and administration of schools, the control over the processes of education, the control and determination of the curricula of the schools, the method of instruction to be emplyed in them, the selection of personnel employed by the State and its agencies, and the selection of textbooks and materials of instruction, and shall not be construed in any way to delimit a State in the definition of its educational program.

ADMINISTRATIVE ORGANIZATION

SEC. 2. (a) There is hereby created in the Federal Security Agency a National Board of Apportionment (hereinafter called the “National Board”) to be composed of five representative citizens to be appointed by the President by and with the advice and consent of the Senate. Each member shall hold office for a term of five years, except that (1) 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; and (2) the terms of office of the members first taking office after the date of enactment of this Act shall expire at the end of one, two, three, four, and five years, respectively, after such date. The members of the National Board shall receive compensation at the rate of $25 per day for actual time devoted to the work of the National Board (not to exceed sixty days in any one fiscal year), shall be reimbursed for necessary travel expenses, and shall be paid a per diem allowance for other necessary expenses in accordance with the provisions of the Subsistence Expense Act of 1926, as amended. The National Board shall have authority to invite other Federal officials to serve as consultants or advisers and such Federal officials while so serving shall receive no additional compensation, but shall be reimbursed for any necessary expenses incurred while engaged in the work of the National Board. The United States Commissioner of Education shall serve as Secretary of the National Board and as its administrative officer, and through the United States Office of Education shall administer the several programs authorized in this Act.

(b) For services and other expenses necessary to the administration of this Act, and for the making of necessary surveys to determine the educational needs of all children within each State and other studies in connection with the best utilization of the grants authorized in this Act, there is hereby authorized to be appropriated for each fiscal year an amount not to exceed one-half of 1 per centum of the total amount authorized to be appropriated for each fiscal year under the provisions of section 201 of this Act. Any of the funds appropriated under the authorization contained in this subsection may be allocated by the National Board to State departments of education for surveys or other studies pertinent to the best uses of the funds received under this Act. Such allocations shall be made by joint agreement between the National Board and the State authority. The amounts thus allocated shall be certified to the Secretary of the Treasury by the National Board, and shall thereupon be paid to the State authority for disbursement to the cooperating State department of education. Suitable provision for audits, reports, and repayment to the United States of amounts unexpended, lost, or misapplied shall be incorporated into the joint agreement.

(c) It shall be the duty of the National Board to formulate policies for the allocation of funds among the States as authorized under titles II, III, and IV of this Act, in the manner prescribed under each such title, and to review the operation of the programs herein provided. The plan of the National Board for the allocation and apportionment of funds under any provision of this Act shall be published by the National Board within thirty days after the funds authorized under such provision shall have been made available.

(d) In each State which informs the National Board under section 3 (a) (4) of this Act that it is prohibited from disbursing to nonpublic schools funds appropriated pursuant to this Act the National Board shall appoint, from among not less than three persons nominated by the Governor of such State, a trustee who shall have the duty of receiving and disbursing the portion of the funds allocable to such State which the National oard determines should be disbursed to nonpublic schools. In making any such determination the Board shall take into consideration the extent to which the burden of the educational needs of the State are borne by nonpublic schools. A trustee appointed pursuant to this subsection shall receive such compensation as the Board may direct, and shall be reimbursed for any necessary expenses incurred in the performance of his functions.

(e) The National Board shall cause an audit to be made of the expenditure of funds under this Act by each State authority. If the National Board after review and reasonble opportunity for hearing finds that any portion of such funds has been expended by a State in a manner contrary to the provisions of this Act, or has othrwise been lost or unlawfully used, an amount equal to such portion shall, after reasonable notice, be withheld from the next ensuing payment to such State unless such amount is replaced by such State and expended for the purposes originally intended. Upon certification by the National Board that such State has failed to replace funds received under this Act which are lost or unlawfully used or expended in a manner contrary to the provisions of this Act or has failed to make required reports with reasonable promptness the Secretary of the Treasury shall suspend payments under this Act to such State. Upon certification of the National Board that such State has rectified such failure, the Secre-tary of the Treasury shall transmit to such State the amounts so suspended. The sums allotted to any State under this Act shall, when certified for payment, remain available for not to exceed one fiscal year after the fiscal year for which such certification was made.

(f) In providing for the audit referred to in subsection (e), with respect to funds allotted under this Act to the Virgin Islands, American Samoa, and Guam, the National Board is authorized to utilize the services of employees of any Federal department or agency by agreement with the head of such department or agency.

(g) The National Board shall publish annually a full and complete report showing the extent to which educational opportunities in the United States have been equalized through the provisions of this Act. Each such report shall include a summary and analysis of the legislative and administrative provisions adopted by each State for the expenditure of funds received under this Act, together with statistical information showing the accomplishments of the respective States through the expenditure of such funds. In all such reports relating to the status of education in States where separate educational facilities are maintained by law for any minority group, data related to such separate educational facilities shall be separately reported. The National Board shall also make an annual report in writing to the Congress, giving an account of all money received and allocated by it under this Act.

(h) The National Board is authorized to make such rules and regulations in conformity with the provisions of this Act as may be necessary to facilitate its administration,

STATE ACCEPTANCE PROVISIONS

Sec. 3. (a) In order to qualify for receiving funds appropriated under this Act, a Statę

(1) through its legislature shall (A) accept the provisions of this Act and provide for the administration of funds to be received ; (B) provide that the State treasurer, or corresponding official in the State, shall serve as trustee for the funds paid to the State under this Act; (C) establish or designate a State educational authority which shall represent the State in the administration of funds received ; (D) provide for an audit by the State authority of the expenditure of funds received and apportioned to local school jurisdictions, or other educational agencies as authorized under this Act; (E) provide that the State authority shall make reports to the National Board with respect to the plans and purposes of expenditures of funds received under this Act and of the program of education, on forms to be provided by the National Board; (F) provide, if in such State separate public schools are maintained for separate races, for a just and equitable apportionment of such funds for the benefit of public schools maintained for minority races, without reduction of the proportion of State and local moneys expended for educational purposes during the fiscal year ended in 194– for public schools for, minority races; and (G) provide that funds received under this Act shall be made available in every part of the State and to every State-approved educational agency, in need thereof without discrimination or prejudice in regard to race, creed, or status of any person or agency in the State authorized under this Act to receive such funds: Provided, That in any State in which the legislature has not taken the action specified in this paragraph the chief executive of such State may, until such action has been taken or until six months after the adjournment of the first regular session of the legislature in such State following the date of enactment of this Act, whichever first occurs, take such action for such period as is required by this Act to be taken by legislative enactment;

(2) either through its legislature, or through the State authority if the leg. islature so directs, provide for distribution and administration of the funds received under this Act in such manner as to comply with the provisions of this Act;

(3) shall transmit through its State authority to the National Board official notice of acceptance and certified copies of the legislative enactments and the official regulations that may be issued by the State authority in connection with such funds. Any amendments to such enactments and revisions of official regulations shall in like manner be transmitted to the National Board;

(4) shall inform the National Board whether or not it is prohibited by law or otherwise from distributing such funds to :onpublic schools.

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