Education Revenue Sharing Act

Education Revenue Sharing Act - States that the Congress has found current Federal education assistance programs too narrow in scope to meet the Federal Government's responsibility to help States meet the costs of education in areas of special national concern.

Authorizes necessary appropriations to fund the revenue sharing program, effective for the fiscal year ending June 30, 1975.

Authorizes necessary appropriations to enable the Secretary of Health, Education, and Welfare to make payments to States during the period January 1, 1974, to June 30, 1974, which will assist the States in planning for transition from the existing system of categorical educational grants to the revenue sharing system provided for in the Act.

Prescribes the amounts of revenue to be shared with each State and how such revenue is to be used.

Directs the Secretary of HEW to allot to each State 60 percent of the average per pupil education expenditure in the United States multiplied by the average daily attendance of children in public elementary or secondary schools of such State who resided on Federal property. Provides that such amount may be used for any educational purpose.

Sets forth a formula for computing a State's pro rata share of the remaining sums. Provides that a State's formula is derived as follows: (1) 1.0 times the number of school-age children from low-income families in the State; (2) .6 times the number of children in average daily attendance in the State's public schools who do not live on Federal property or is on active duty in the uniformed services; and (3) .1 times the number of school-age children in the State.

Authorizes use of shared revenue for construction of education-oriented facilities. Permits the Secretary to reallot to other States, on a pro rata basis, funds declined by a State or funds not shared with a State by reason of the State's ineligibility to receive them. Provides that such reallotment is at the discretion of the Secretary.

States that the Secretary shall determine average daily attendance, average per pupil expenditure, and numbers of children, using the latest data. Provides that such determinations are final.

Directs that funds received by the States be "passed through" to local educational authorities in accordance with the number of children in average daily attendance who resided on Federal property in the school district of such authority and directs that funds received by the States be "passed through" to local educational authorities in accordance with the number of children in the district who are in low-income families. Permits the State to retain any part of such funds which are needed by the State to discharge its duty of directly educating neglected or delinquent children.

Provides that, if a given district is ineligible to receive funds under this Act, the State may reallot such funds to other districts.

Allows States to use 30 percent of the funds derived from the calculation to be used for any of the described purposes. Permits the 30 percent limitation to be exceeded upon a demonstration satisfactory to the Secretary that such action will more effectively achieve the purposes of the Act.

Directs the State agency designated to give children enrolled in nonprofit private schools an opportunity to participate in activities for which funds are made available.

Provides for the designation of a State agency which will be the single agency administering the revenue sharing program established by the Act (unless the single agency requirement is waived pursuant to 42 U.S.C. 4214). Requires the designated agency to develop annually in consultation with the advisory council appointed under this Act a plan for the distribution of funds received by it under the Act.

Directs the chief executive officer of each State participating in the program under the Act to appoint an advisory council which shall be broadly representative of the State and the public.

Provides that the State agency designated will require that children attending school within the State, who reside with a parent employed on Federal property or who have a parent who is a member of the uniformed services, will receive public elementary or secondary education on a basis comparable to that provided to other children in the State.

Allows the Secretary to reserve up to 10 percent of the funds appropriated to make payments to States to assist them in carrying out activities described in the Act which are designed to further national policy objectives in the field of education.

Authorizes the Secretary, if he determines that a State has failed to comply with the provisions of the Act, to refer the matter to the Attorney General for appropriate civil action, or, after notice and opportunity for hearing, to notify the State that if corrective action is not taken within sixty days, revenues shared with it will be reduced in the same or succeeding fiscal year by an amount equal to the amount of funds which were not expended in accordance with the Act, or to take such other action as may be provided by law.

Authorizes the Attorney General to bring civil action in any appropriate district court for any appropriate (including injunctive) relief.

Prescribes the court procedure to be followed in the event that a State receives notice of reduction in revenues. Permits the State to file a petition for review of the Secretary's action in a court of appeals for the circuit in which it is located, or in the United States Court of Appeals for the District of Columbia.

States that revenues shared under the Act shall be considered Federal financial assistance within the meaning of title VI of the Civil Rights Act of 1964.

Provides that appropriations for carrying out the Act may be included in the appropriation Act for the fiscal year preceding the fiscal year for which they are available for obligation.

Provides that laborers and mechanics employed in any construction assisted under the Act shall be paid wages at rates not less than those prevailing on similar construction in the locality.

Provides that the Secretary shall make an annual report to the President and the Congress on the effectiveness of assistance under the Act in meeting the educational needs of children and adults.

Provides that payments made pursuant to the Act shall be available, consistent with the provisions of the Act, for paying the non-Federal share of expenditures under other Federal programs.

Provides that revenues shared with States under the Act shall be properly accounted for as Federal funds in the accounts of such States.

Provides that the consent of Congress is given to agreements between States when necessary to realize the full benefit of the provisions of the Act.

Sets forth various definitions for purposes of this Act.