Title X-Improvement of Graduate Programs

STATEMENT OF PURPOSES

SEC. 1001. The purposes of this title are to strengthen and improve the quality of graduate programs leading to a doctoral or professional (other than medical) degree, and to increase the number of such quality programs.

Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 271, 82 Stat. 1047.

APPROPRIATIONS AUTHORIZED; USE OF GRANTS

SEC. 1002. (a) There are authorized to be appropriated $340,000 for the fiscal year ending June 30, 1969, $5,000,000 for the fiscal year ending June 30, 1970, and $10,000,000 for the fiscal year ending June 30, 1971, to enable the Commissioner to make grants to institutions of higher education having programs leading to a degree of doctor of philosophy or comparable professional or other graduate degree, upon such terms and conditions as he may establish, to pay part of the cost of planning, developing, or carrying out projects or activities designed to achieve one or more of the purposes set forth in section 1001. Such amount for the fiscal year ending June 30, 1969, shall also be available for planning and related activities for the purpose of this title. Such grants may be used for experimental, innovative, or interdisciplinary projects or activities such as

(1) the strengthening of graduate faculties by enlarging their size, improving their academic or professional qualifications, or increasing the number of disciplines in which they are skilled;

(2) the expansion or improvement of existing graduate programs, or the establishment of additional graduate programs;

(3) the acquisition of appropriate equipment or curricular, research, or other materials required to fulfill the objectives of projects or activities described in clause (2);

(4) the development or carrying out of cooperative arrangements among graduate schools in furtherance of the purposes of this title; or

(5) the strengthening of graduate school administration. (b) No portion of the sums granted under this title may be used

(1) for payment in excess of 66% per centum of the total cost of such project or activity;

(2) for payment in excess of 50 per centum of the cost of the purchase or rental of books, audiovisual aids, scientific apparatus, or other materials or equipment, less any per centum of such cost, as determined by the Commissioner, that is paid from sums received (other than under this part) as Federal financial assistance; or

(3) for sectarian instruction or religious worship, or primarily in connection with any part of the program of an institution, or department or branch of an institution, whose program is specifically for the education of students to prepare them to become ministers of religion or to enter upon some other religious vocation or to prepare them to teach theological subjects.

Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 271, 82 Stat. 1047. 91-256-69-17

SELECTION OF GRANT RECIPIENTS

SEC. 1003. In the awarding of grants under this title the Commissioner shall, insofar as practicable and consistent with the other purposes of this title, give weight to the objective of having an adequate number of graduate and professional schools of good quality within each appropriate region.

Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 271, 82 Stat. 1048.

CONSULTATION

SEC. 1004. In the development of general policy governing the administration of this title, the Commissioner shall consult with the National Science Foundation, the National Foundation on the Arts and the Humanities, and the Federal Judicial Center for the purpose of promoting the coordination of Federal programs bearing on the purposes of this title.

Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 271, 82 Stat. 1048.

Title XI-Law School Clinical Experience Programs

PROGRAM AUTHORIZATION

SEC. 1101. (a) The Commissioner is authorized to enter into contracts with accredited law schools in the States for the purpose of paying not to exceed 90 per centum of the cost of establishing or expanding programs in such schools to provide clinical experience to students in the practice of law, with preference being given to programs providing such experience, to the extent practicable, in the preparation and trial of cases.

(b) Such costs may include necessary expenditures incurred for(1) planning;

(2) training of faculty members and salary for additional faculty members;

(3) travel and per diem for faculty and students;

(4) reasonable stipends for students for work in the public service performed as part of any such program at a time other than during the regular academic year;

(5) equipment; and

(6) such other items as are allowed pursuant to regulations issued by the Commissioner.

(c) No law school may receive more than $75,000 in any fiscal year pursuant to this title.

(d) For the purpose of this title the term "accredited law school" means any law school which is accredited by a nationally recognized accrediting agency or association approved by the Commissioner for this purpose.

Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 281, 82 Stat. 1048.

APPLICATIONS

SEC. 1102. (a) A contract authorized by this title may be made by the Commissioner upon application which

(1) is made at such time or times and contains such information as he may prescribe;

(2) provides for such fiscal control and fund accounting procedures as may be necessary to assure proper disbursement of and accounting for Federal funds paid to the applicant under this title; and

(3) provides for making such reports, in such form and containing such information as the Commissioner may require to carry out his functions under this title, and for keeping such records and for affording such access thereto as the Commissioner may find necessary to assure the correctness and verification of such reports.

(b) The Commissioner shall allocate contracts under this title in such manner as will provide an equitable distribution of such contracts throughout the United States among law schools which show promise of being able to use funds effectively for the purposes of this title.

Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 281, 82 Stat. 1048-1049.

AUTHORIZATION OF APPROPRIATIONS

SEC. 1103. There are authorized to be appropriated $340,000 for the fiscal year ending June 30, 1969, and $7,500,000 for each of the fiscal years ending June 30, 1970, and June 30, 1971, to carry out the purposes of this title (and planning and related activities in the initial fiscal year for such purposes). Funds appropriated for the fiscal year ending June 30, 1969, shall be available for obligation pursuant to the provisions of this title during that year and the succeeding fiscal year.

Enacted Oct. 16, 1968, P.L. 90-575, Title II, sec. 281, 82 Stat. 1049.

Title XII-General Provisions

DEFINITIONS

SEC. 1201. As used in this Act

(a) The term "institution of higher education" means an educational institution in any State which (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, (2) is legally authorized within such State to provide a program of education beyond secondary education, (3) provides an educational program for which it awards a bachelor's degree or provides not less than a two-year program which is acceptable for full credit toward such a degree, (4) is a public or other nonprofit institution, and (5) is accredited by a nationally recognized accrediting agency or association or, if not so accredited, (A) is an institution with respect to which the Commissioner has determined that there is satisfactory assurance, considering the resources available to the institution, the period of time, if any, during which it has operated, the effort it is making to meet accreditation standards, and the purpose for which this determination is being made, that the institution will meet the accreditation standards of such an agency or association within a reasonable time, or (B) is an institution whose credits are accepted, on transfer, by not less than three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited. Such term

also includes any school which provides not less than a one-year program of training to prepare students for gainful employment in a recognized occupation and which meets the provision of clauses (1), (2), (4), and (5). For purpose of this subsection, the Commissioner shall publish a list of nationally recognized accrediting agencies or associations which he determines to be reliable authority as to the quality of training offered.

(b) The term "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands.

(c) The term "nonprofit" as applied to a school, agency, organization, or institution means a school, agency, organization, 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.

(d) The term "secondary school" means a school which provides secondary education as determined under State law except that it does not include any education provided beyond grade 12.

(e) The term "Secretary" means the Secretary of Health, Education, and Welfare.

(f) The term "Commissioner" means the Commissioner of Education.

(g) The term "local educational agency" means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or such combination of school districts of counties as are recognized in a State as an administrative agency for its public elementary or secondary schools. Such term also includes any other public institution or agency having administrative control and direction of a public elementary or secondary school.

(h) The term "State educational 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.

(i) The term "elementary school" means a school which provides elementary education including education below grade 1, as determined under State law.

(j) The term "combination of institutions of higher education" means a group of institutions of higher education that have entered into a cooperative arrangement for the purpose of carrying out a common objective, or a public or private nonprofit agency, organization, or institution designated or created by a group of institutions of higher education for the purpose of carrying out a common objective on their behalf.

(29 U.S.C. 1141) Enacted Nov. 8, 1965, P.L. 89-329, Title VIII, sec. 801, 78 Stat. 1269; amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 251, 293, and 294, 82 Stat. 1042 and 1050-51.

METHOD OF PAYMENT

SEC. 1202. Payments under this Act to any individual or to any State or Federal agency, institution of higher education, or any other or

ganization, pursuant to a grant, loan, or contract, may be made in installments, and in advance or by way of reimbursement, and in the case of grants or loans, with necessary adjustments on account of overpayments or underpayments.

(20 U.S.C. 1142) Enacted Nov. 8, 1965, P.L. 89-329, Title VIII, sec. 802, 79 Stat. 1270; amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 251, 82 Stat. 1042.

FEDERAL ADMINISTRATION

SEC. 1203. (a) The Commissioner is authorized to delegate any of his functions under this Act, except the making of regulations, to any officer or employee of the Office of Education.

(b) In administering the provisions of this Act, the Commissioner is authorized to utilize the services and facilities of any agency of the Federal Government and of any other public or nonprofit agency or institution, in accordance with agreements between the Secretary and the head thereof.

(20 U.S.C. 1143) Enacted Nov. 8, 1965, P.L. 89–329, Title VIII, sec. 803, 79 Stat. 1270; amended Oct. 16, 1968, P.L. 90-575, sec. 251, 82 Stat. 1042.

FEDERAL CONTROL OF EDUCATION PROHIBITED

SEC. 1204. (a) Nothing contained in this Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the curriculum, program of instruction, administration, or personnel of any educational institution, or over the selection of library resources by any educational institution.

(b) Nothing contained in this Act or any other Act shall be construed to authorize any department, agency, officer, or employee of the United States to exercise any direction, supervision, or control over the membership practices or internal operations of any fraternal organization, fraternity, sorority, private club or religious organization at an institution of higher education (other than a service academy or the Coast Guard Academy) which is financed exclusively by funds derived from private sources and whose facilities are not owned by such institution.

(20 U.S.C. 1144) Enacted Nov. 8, 1965, P.L. 89-329, Title VIII, sec. 804, 79 Stat. 1270; amended Oct. 16, 1968, P.L. 90-575, Title II, sec. 251, 82 Stat. 1042.

ADVISORY COUNCIL ON GRADUATE EDUCATION

SEC. 1205. (a) There is hereby established in the Office of Education an Advisory Council on Graduate Education (hereafter in this section referred to as the "Council"), consisting of the Commissioner, who shall be Chairman, of one representative each from the Office of Science and Technology in the Executive Office of the President, the National Science Foundation, and the National Foundation on the Arts and the Humanities, and of members appointed by the Commissioner without regard to the civil service or classification laws. Such appointed members shall be selected from among leading authorities in the field of education, except that at least one of them shall be a graduate student.