Education Amendments of 1978

(Conference report filed in House, H. Rept. 95-1753)

Education Amendments - =Title I: Amendment to Title I of the Elementary and Secondary Education Act of 1965= - States that it is the policy of the United States to assist local educational agencies in meeting the special educational needs of educationally deprived children in low-income areas. Declares that it is also the policy to provide financial assistance in order to meet the special needs of children of certain migrant parents, of Indian children, and of handicapped and neglected or delinquent children.

Authorizes the Commissioner of the Office of Education to make payments to State educational agencies until September 30, 1983.

Authorizes to be appropriated such sums, in addition to authorizations for local educational agencies, as will assure at least the same level of funding under this Title as in fiscal year 1976 for Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. Sets forth formula for determining the amount a State is eligible to receive based on the average per pupil expenditure in the United States. States that the grant for which Puerto Rico will be eligible to receive under this section is to be adjusted according to the percentage of the average per pupil expenditure in Puerto Rico plus 32 percent of the expenditure in the 50 States. Permits the Commissioner to grant authority for one year periods to States to make direct allocations to school districts provided the exact same formula factors are used. Provides for the distribution of excess appropriations for fiscal year 1979 according to the 1975 survey of income and education. Directs the Commissioner to utilize specified criteria in determining the number of children aged five through seventeen to be counted.

Grants States one Federal dollar for each two dollars of State funds used for compensatory education programs: (1) which satisfy the criteria for purposes of qualifying for an exemption from the excess costs and comparability provisions and (2) in which 50 percent of such State funds are used in areas having high concentrations of children from low-income families.

Provides that local educational agencies in a county would be eligible to receive additional grants if the number of children from low-income families aged five to seventeen residing within the county exceeds 5,000 or 20 percent of the total number of countable children in such county. Applies such additional grants exclusively to the 50 States and Puerto Rico.

Authorizes school districts to: (1) use enrollment data in certain schools in lieu of area residency; (2) continue eligibility for certain schools and areas for a fiscal year even if they no longer satisfy the applicable eligibility requirements; (3) skip higher ranked schools where lower ranked schools have a substantially higher incidence of educational deprivation than the higher ranked schools; and (4) skip higher ranked schools receiving services of the same nature and scope from non-Federal sources as would otherwise have been provided under Title I.

Authorizes school districts to: (1) continue eligibility for children who are no longer in greatest need of assistance but who are still educationally deprived; (2) continue eligibility for the remainder of the year for children who have been transferred in mid-year to ineligible areas; and (3) skip greatest-need children receiving services of the same nature and scope from non-Federal sources as they would otherwise have received under Title I.

Sets forth the requirements for design and implementation which must be met by a local educational agency before such agency may receive funds under this Title. Stipulates that such funds shall be allocated among project areas or schools on the basis of the number and needs of children. Requires the Commissioner of Education to consult with State and local educational agencies before developing standards and a schedule for conducting evaluations of compensatory education programs.

Requires with respect to Title I programs: (1) that teachers and administrators be informed of significant information derived from educational research, demonstration, and similar projects; (2) that teachers and school boards be included in the planning of such programs; (3) that parents of participating children be informed on the instructional goals of such programs; (4) that local educational agencies consider including components designed to sustain achievement gains beyond the school year; and (5) that programs for the training of education aides be coordinated to include the participation of the professional staff.

Requires local educational agencies, in order to receive funds under this Act, to establish advisory councils composed of members elected by the parents, the majority being parents of children to be served by the projects and which include representatives of the children.

Establishes advisory councils which must: (1) be composed of not less than eight members; (2) meet a sufficient number of times per year at locations chosen by the council; and (3) have elected officers. Makes teachers at a project school eligible for selection to a parent council regardless of the school district in which such teacher resides.

Sets forth the responsibilities of such advisory council including the provison of access to pertinent regulations and guidelines and to appropriate documents. Stipulates that applications must describe the program of training for council members. Authorizes funds for parent workshops and model training programs.

Permits the Commissioner to waive for one year the provision of free public education where exceptional and unforeseen circumstances exist and reduces a school district's allocation in proportion to the amount expended by such local educational agency which was less than the amount expended for the second preceding fiscal year.

Allows local educational agencies to use funds received under this Title only for the excess costs of programs and projects for educationally deprived children. Defines "excess costs" for purposes of this provision.

Requires that educationally deprived children, in the aggregate, residing in areas and schools eligible for assistance under Title I, receive at least the same level of such special State and local funds that would have been made available to such children in the absence of funds under Title I.

Requires that certain school districts demonstrate comparability where all schools are designated project area schools. Allows the Commissioner to waive such requirement in certain situations.

States that Federal funds do not have to be accounted for separately by local educational agencies where the State or local programs are identical to Title I programs and such funds are excluded in determining comparability.

Sets forth minimum standards respecting the establishment of complaint resolution procedures including, but not limited to, provisions for specific time limits for investigation and resolution of complaints.

Encourages the development of individualized plans agreed upon jointly by the agency, the teacher, the parent or guardian, and, when appropriate, the child.

Requires a local educational agency to provide special educational services and arrangements for educationally deprived children enrolled in private schools. States the expenditures for educational services and arrangements for such children shall be equal (taking into account the number of children to be served and the special educational needs of such children) to expenditures for children enrolled in the public schools of the local educational agency. Requires the Commission to arrange for services for such children enrolled in private schools upon the determination that the local educational agency has failed substantially in providing special programs on an equitable basis. Directs the Commisssioner to withhold the amount of providing such services from the State or local educational agency's allocation and to pay the cost of such services to the arranged provider. Permits State or local education agencies, dissatisfied with the Commissioner's final action, to file within a specified period of time with the United States Court of Appeals a petition for review of such action.

Allows a local educational agency to exclude State and local funds expended for carrying out special or State phase-in programs for the purpose of determining compliance with the requirement (a) permitting funds to be used only for excess costs of programs and projects and (b) relating to comparability of services. Lists criteria for determining the compliance of programs with such requirements. Requires both the Commissioner and the State education agency to make advance determininations of whether a program meets the requirements to be assisted under this provision.

Permits local educational agencies qualifying the exclusion from excess cost and comparability provisions and receiving the funds for which it is eligible to utilize additional State and local funds for special programs and projects which are solely for educationally deprived children residing in non-project areas or attending nonproject schools, including areas and schools ineligible for assistance.

Permits schools having 75 percent or higher concentrations of children from low-income families to utilize Title I funds to design a single Title I program for all children in the school, provided that the school district satisfies certain conditions. Sets forth requirements for the expenditure of Title I funds for such school-wide projects including, but not limited to, that the average per pupil expenditure in the school involved in such a project be no less than the expenditure in such school in the previous fiscal year.

Allows personnel paid entirely by funds under this Act to be assigned to certain limited, rotating, supervisory duties not related to classroom instruction, the benefits of which are not limited to participating children under this Act.

Prescribes requirements applicants must satisfy in order to receive Title I funds for programs for migratory children, handicapped children, and neglected and delinquent children. Adds the Northern Mariana Islands to the list of insular territories receiving allotments for grants from authorized appropriations. Stipulates that no State shall receive an amount which is less than 85 percent of the amount which that State received in the prior fiscal year. Provides for a 100 percent hold harmless for migrant programs through 1982.

Sets forth the requirements of State and Federal administration of programs and projects assisted under this Act, including the submission and approval of applications.

Directs the Commissioner to develop standards, after consultation with State and local educational agencies and their evaluators, for the evaluation of programs and projects required pursuant to this Act.

Authorizes the Department of Health, Education, and Welfare (HEW) to audit applicant programs. Specifies certain minimum standards concerning the resolution of outstanding audits. Requires the Commissioner to adopt procedures to assure timely resolution of audits.

Specifies that misspent fund must be repaid from funds derived from non-Federal funds or Federal funds where no accountability is required to the Federal government.

Permits the Commissioner upon the finding that there has been a failure to comply with assurances in an approved application to: (1) withhold only that portion of funding that related to a noncompliance; (2) enter into a compliance agreement and resume payments where the agency has demonstrated that immediate compliance is not feasible; or (3) stop payments to the State.

Requires the Commissioner to publish a policy mannual on Title I no later than six months after the publication of final regulations required by this Act. Specifies that such manual shall be distributed to State, State educational and local educational agencies, and district-wide parent advisory councils to assist in the preparation of applications and the development and evaluation of programs, and to ensure uniform interpretation and enforcement of requirements. Requires the Commissioner to submit to the Congress in 1980, 1982, and 1984, a report concerning enforcement of this Title.

Authorizes the Commissioner to pay each State the amount which it and the local educational agencies of that State are eligible to receive under this Title. Allows States to use up to 1.5 percent of the amount allocated to the State for State administration and specifies a minimum amount of $225,000 per State and $50,000 for insular territories for this purpose.

Provides for judicial review of any final action of the Commissioner.

Establishes the National Advisory Council on the Education of Disadvantaged Children, consisting of 15 members appointed by the President for three year terms, to review and evaluate the administration and operation of this Act and to report annually to the President and the Congress.

Limits the amount payable to the Commonwealth of Puerto Rico under this Title for any fiscal year to 150 percent of the amount received by Puerto Rico in the preceding fiscal year.

Requires the Commissioner to study alternatives for demonstrating comparability of services provided with State and local funds.

=Title II: Establishment of a New Title II of the Elementary and Secondary Education Act of 1965= - Establishes a new program in Basic Skills as Title II of the Elementary and Secondary Education Act the purpose of which is to assist Federal, State and local educational agencies in developing, coordinating, and expanding programs in the instruction of reading, mathematics, and effective communication. Establishes an application procedure to be followed for Federal assistance.

Authorizes the Secretary of HEW to: (1) accept gifts for activities; (2) make grants to, and enter into contracts with, State and local educational agencies, and other public and nonprofit private agencies, organizations, and institutions; (3) provide assistance designed to demonstrate improved delivery of instructional services in the areas of reading, mathematics, and oral and written communication; (4) provide financial and technical assistance to State programs to improve achievement in basic skills; (5) support development and demonstration activities related to the improved use of television and other technology; (6) support activities aimed at parental participation and the involvement of private organizations in basic skills instruction; and (7) collect and analyze information relating to basic skills programs.

Authorizes the Secretary to coordinate this program with other programs of this Act, with the Economic Opportunity Act of 1964, with the Higher Education Act of 1965, and with other Federal programs.

Authorizes the Secretary to provide financial assistance to States and local education agencies which have entered into an agreement with the Secretary to develop comprehensive and systematic statewide plans for improving achievement in basic skills.

Authorizes the Commissioner to contract with a private nonprofit group or public agency for the establishment of an inexpensive book distribution program for reading motivation, and to contract with and make grants to such entities for special mathematics programs.

Authorizes to be appropriated such sums as may be necessary to carry out the provisions of this Title through fiscal year 1983.

=Title III: Establishment of a New Title III of the Elementary and Secondary Education Act of 1965= - Amends Title III of the Elementary and Secondary Education Act by establishing a new program of Special Projects.

Authorizes the Commissioner to carry out special projects to experiment with new educational and administrative methods, techniques, and practices; to meet special or unique eduactional needs or problems; to place speical emphasis on national priorities; and to disseminate information to State and local educational agencies.

Authorizes the Commissioner to enter into contracts with and make grants to State and local educational agencis and other public and private agencies, organizations, and institutions to carry out the purposes of this Title and to carry out discretionary projects which are consistent with the purpose of this Title.

Metric Education Act - Authorizes the Commissioner to carry out a program of grants to encourage educational agencies and institutions to prepare students to use the metric system of measurement with ease and facility as a part of the regular education program.

Arts in Education Act - Authorizes the Commissioner to carry out a program of grants and contracts to encourage and assist State and local educational agencies and other public and private agencies, organizations, and institutions to establish and conduct programs in which the arts are an integral part of elementary and secondary school curricula.

Directs the Commissioner to establish, in cooperation with the Assistant Secretary for Human Development of HEW, a pilot projects program between local education agencies and Project Head Start to provide a more successful transition to formal schooling for certain preschool-aged children.

Consumer Education Act - Establishes within the Office of Education an Office of Consumers' Education. Authorizes the Commissioner to carry out a program of making grants to, and contracts with, institutions of higher education, State and local educational agencies, and other public and private agencies, organizations, and institutions (including libraries) to support research, demonstration, and pilot projects designed to provide consumer education to the public except that no grant may be made other than to a nonprofit agency, organization, or institution.

Directs the Commissioner to carry out a youth employment program, the purpose of which is to prepare children to take their place as working members of society.

Law-Related Education Act - Authorizes the Commissioner to carry out a program of grants and contracts to encourage State and local educational agencies and other public and private nonprofit agency organizations and institutions to provide law-related education programs.

Environmental Education Act - Establishes within the Office of Education and Office of Environmental Education. Defines "environmental education" to mean the educational process dealing with man's relationship with the Earth and his effect on the Earth and his relationship with his natural and man-made surroundings, and includes the relations of energy, population, pollution, resource allocation and depletion, conservation, transportation, technology, economic impact, and urban and rural planning to the total human environment.

Authorizes the Commissioner to carry out a program of making grants to, and contracts with, institutions of higher education, State and local educational agencies, regional educational research organizations, and other public and private agencies, organizations, and institutions (including libraries and museums) to support research, demonstration, and pilot projects designed to educate the public on the problems of environmental quality and ecological balance, except that no grant may be made other than to a nonprofit agency, organization, or institution.

Health Education Act - Authorizes the Commissioner to make grants to State and local educational agencies to establish and support programs in health education. Requires the Commissioner to consult with the Assistant Secretary of HEW and the Surgeon General to assure coordination and nonduplication of effort.

Correction Education Demonstration Project Act - Authorizes the Commissioner to make grants to State and local educational agencies, institutions of higher education, and other public and private non-profit agencies, organizations, and institutions for demonstration projects relating to the academic and vocational education of antisocial aggressive, or delinquent persons, including juvenile delinquents, youth offenders, and adult criminal offenders. Allows the Commissioner to appoint such special or technical advisory committees as he may deem necessary to advise him on matters of general policy.

Authorizes the Commissioner to make grants to and enter into contracts with institutions of higher education for the purpose of offering projects to educate, motivate, and encourage students from an economically disadvantaged background to pursue training at the undergraduate and graduate levels in the biomedical sciences.

Population Education Act - Authorizes the Commissioner, in consultation with the Deputy Assistant Secretary for Population Affairs, to carry out a program of making grants to, and contracts with, institutions of higher education, State and local educational agencies, research organizations, and other public and private agencies, organizations and institutions to implement a program of population education in elementary and secondary schools.

Authorizes appropriations to carry out such programs for the fiscal year 1979 and for each succeeding fiscal year ending prior to October 1, 1983.

=Title IV: Amendment to Title IV of the Elementary and Secondary Education Act of 1965= - Amends Title IV, Educational Improvement, Resources, and Support, of the Elementary and Secondary Education Act.

States that the purpose of Title IV is to strengthen the quality of elementary and secondary education by supporting local activities designed to improve local educational practices, to assist local educational agencies in improving their programs, in acquiring books, materials, library resources, and instructional equipment, and to strengthen and improve guidance, testing and counseling services.

Authorizes appropriations for instructional materials and school library resources, improvements in local educational practices, and formula grants for guidance, counseling, and testing, and for the purpose of increasing the allotment to any State to a level of funding which equals the amount of funds received by that State for fiscal year ending June 30, 1974, for specified programs of the National Defense Education Act of 1958.

Makes a State eligible to receive grants if it has submitted a State plan at such time (not more often than once every three years) and in such detail as the Commissioner deems necessary. Lists provisions and assurances a State plan must contain to apply for grants under this Title.

Requires that a State provide programs for private school children.

Authorizes an allotment of funds: (1) to acquire school library resources and instructional equipment and materials; and (2) to improve the educational practices of local educational agencies. Provides authorizations by which the Commissioner shall carry out a program of grants to States for State leadership and supervisory services in the fields of guidance, counseling, and testing and for guidance, counseling, and testing programs in elementary and secondary schools throughout the State.

=Title V: Establishment of New Title V of the Elementary and Secondary Education Act of 1965= - Amends Title V of the Elementary and Secondary Education Act by adding a new Title V - State Leadership.

Requires that each State desiring to participate in programs authorized under this Act shall submit to the Commissioner a general application. Provides that a single local educational agency shall submit an application through a State agency or board. Allows State applications to be submitted jointly for all programs or separately for each program or group of programs. Sets forth assurances an application must contain. Provides for State administrative procedure for approval of applications, State rulemaking, technical assistance and dissemination of information, monitoring the effectiveness of programs and projects, complaint resolution, withholding of payments, and audits of the expenditure of funds and audit resolution.

Authorizes the Commissioner to make payments to States for the proper and efficent performace of their duties under this Title.

Authorizes amounts available to be used by the State educational agency to strengthen the educational leadership resources of that agency and to assist that agency in identifying and meeting critical educational needs of the State.

Requires each State desiring to participate in this program to submit a State plan to the Commissioner. Authorizes the appropriation of such sums as may be necessary for fiscal year 1980 and for each succeeding fiscal year ending prior to October 1, 1983.

Establishes a National Council on Quality in Education. Sets forth the duties of the Council including, but not limited to, review, evaluation, and transmission to the Congress and the President the reports required of states under this Title and to make recommendations for the improvement of the administration and operation of education programs.

Allows any State receiving payments under this Title to establish a State advisory council which if it meets specified requirements may receive payments under this Title.

Authorizes appropriations to implement such national and State councils.

=Title VI: Establishment of a New Title VI of the Elementary and Secondary Education Act of 1965= - Emergency School Aid Act - Amends Title VI of the Act by designating such Title as Emergency School Aid. Authorizes appropriations for fiscal year 1980 and each of the three succeeding fiscal years for the basic programs under this Title.

Authorizes eligibility for assistance under the Act to local educational agencies which are developing plans of desegregation issued by a State or Federal court of State agency, or undertaken voluntarily. Sets forth requirements and procedure for planning and receipt of a grant under this Title.

Directs the Assistant Secretary to: (1) make sums available for programs and projects designed to meet educational needs that arise from the development of or implementation of a plan such as innovative educational activities, including extracurricular activities, which involve the joint participation of minority group children and other children; and (2) make grants to, and contracts with, State and local educational agencies and nonprofit organizations for special programs and projects such as the development and production of integrated children's television and radio programs. Sets forth the requirements and proceudre for the submittal of applications for assistance under this Title, and upon approval of an application, procedure for making a grant or contract.

=Title VII: Amendment to Title VII of the Elementary and Secondary Education Act of 1965= - Bilingual Education Act - Amends the Elementary and Secondary Education Act by designating Title VII as Bilingual Education Programs.

Stipulates that bilingual education programs under this Act shall be for students "with limited English Lanugage skills" who have difficulty speaking, reading, writing, and understanding the English language including, but not limited to, individuals who are American Indian and Alaskan Native students.

States that no local program in a school is to receive funds for more than five fiscal years unless the school district shows adequate process and demonostrates clear fiscal inability, and there is either a continuing presence of a subtantial number of students with limited-English language skills or a recent substantial increase in such number or an obligation on the school district to provide services for such children. Requires that children enrolled in bilingual programs shall have after two years, an individual evaluation establishing the need for continued services. Permits such funds to be used in Puerto Rico.

Requires the Commissioner to withhold approval of a local application until the applicant demonstrates that it is in compliance with the requirement for the participation of private school children or to reduce the applicant's grant and to provide services to private school children through other agencies.

Authorizes the Commissioner to make payments to applicants to carry out programs of bilingual education for Indian children on reservations. Requires the Assistant Secretary of the Interior for the Bureau of Indian Affairs to submit, by September 30, 1980, to the Congress, the President, and the Commission an assessment of the needs of Indian children, and of the extent such needs are being met.

Authorizes the Commissioner through grants, contracts, and fellowships to provide for the training of teachers for bilingual education. Requires recipients of fellowships for bilingual teacher training to repay such assistance or to work for a comparable period of time, as determined by the Commissioner through regulation.

Establishes an Office of Bilingual Education within the Office of Education. Requires the submission of reports to the Congress and the President on bilingual education including the need for these programs in the Commonwealth of Puerto Rico and recommendations on the methods of converting, not later than July 1, 1984, the bilingual education program from a discretionary grant program to a formula grant program.

Estabishes a National Council on Bilingual Education which shall advise the Commissioner in the preparation of general regulations and with respect to policy matters and shall submit annually a report to the President and the Congress on the condition of bilingual education in the Nation and on the administration and operation of this Title.

Authorizes the Commissioner to provide financial assistance for research and development proposals through competitive contracts. Requires coordination of research activities of the National Institute of Education, the Office of Bilingual Education, the National Center for Education Statistics, and other appropriate agencies by the Assistant Secretary of HEW.

Transfers to the Bilingual Education Act the bilingual education program (presently contained in the Emergency School Aid Act).

=Title VIII: Establishment of a New Title VIII and a New Title IX of the Elementary and Secretary Education Act of 1965= - Community Schools and Comprehensive Community Education Act - Amends Title VIII of the Elementary and Secondary Education Act by establishing a new Title, Community Schools.

Authorizes the Commissioner to make grants to State educational agencies in accordance with the provisions of this title, to pay the Federal share of the cost of planning, establishing, expanding, and operating community education programs.

Authorizes appropriations through fiscal year 1983 to carry out State programs for community education. Authorizes allotments to States by population ratios and to the insular territories and the BIA not more than one percent.

Allows any State or local public agency to use the fair value of any community service program assisted under this Title as part or all of the non-Federal contribution in certain Federal programs. Lists other approved uses of funds by a State or local educational agency. Sets forth required assurances any State desiring to participate in an authorized program under this Title must include in its application.

Authorizes the Commissioner to make grants: to local educational agencies for the Federal share of the cost of planning, establishing, expanding, and operating community education programs; to public agencies and nonprofit private organizations to encourage the use of school facilities and other facilities eligible to receive assistance under this Title; and to institutions of higher education for the purpose of assisting full-time and part-time training for personnel who are engaged in or who intend to engage in community education programs.

Authorizes appropriations through fiscal year 1983 to carry out such grant programs.

Requires the Director of the National Institute of Education to carry out a program of research on community education programs.

Directs the Commissioner to establish or designate a clearinghouse to gather and disseminate information received from community education programs, including but not limited to, information regarding new programs, methods to encourage community participation, methods of formulating and conducting needs assessments, and the ways of coordinating community education programs with other community services. Authorizes the Commissioner to contract with public and private organizations to establsih and operate the clearinghouse.

Establishes, within the Office of the Commissioner, a Community Education Advisory Council which shall advise the National Institute of Education on community education programs. Authorizes appropriations through the fiscal year ending October 1, 1983, to carry out administrative activities.

Sets forth the Federal share of the cost of a State plan, applications of local educational agencies, and grants.

Adds a new =Title IX - Additional Programs= - to such Act.

Gifted and Talented Children's Education Act - Authorizes funds for gifted and talented children's programs.

Provides for grants to any State educational agency to implement educational proficiency standards established by such agency, and for achievement testing assistance.

Women's Educational Equity Act - Authorizes the Commissioner to make grants to, and enter into contracts with, public agencies, private nonprofit agencies, organizations, and institutions, including student and community groups, and individuals, for activities designed to provide educational equity for women and to provide financial assistance to enable educational agencies and institutions to meet the requirements of Title IX of the Education Amendments of 1972. Establishes in the Office of Education a National Advisory Council on Women's Educational Programs.

Authorizes appropriations for the purpose or providing financial assistance to local educational agencies to: (1) provide security and safety in elementary and secondary schools; (2) reduce and prevent crimes within such facilities; and (3) encourage the reporting of crimes committed in schools to local law enforcement agencies.

Authorizes appropriations through fiscal year 1983 to provide assistance to public and nonprofit entities to establish ethnic heritage studies programs. Establishes a National Advisory Council on Ethnic Heritage Studies.

=Title IX: Amendments Relating to General Provisions of the Elementary and Secondary Education Act of 1965= - Permits the Commissioner to waive any requirements which have been determined to be impractical or inappropriate for Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or the Trust Territories of the Pacific.

=Title X: Impact Aid Amendments= - Reauthorizes the impact aid program which provides financial assistance to school districts in areas affected by Federal activities, and extends the provisions of such program to fiscal year 1983.

Exempts a State from the requirement to make restitution of impact aid funds for the 1977-1978 school year because of noncompliance if such State has an equalization program for the 1978-1979 year which complies with standards established by law.

Extends the impact aid program to the Northern Mariana Islands.

=Title XI: Indian Education= - Establishes a method for computing the entitlements of local school districts which provide public education to Indian children whose parents reside on Federal Indian trust property. Sets forth the policies and procedures which each local educational agency receiving such payments must establish to insure the increased participation of Indian parents and tribes in the education process. Gives any tribe or its designee the right to file a complaint against any local educational agencies. Directs the Commissioner to make a written determination of the appropriate remedial action, if any, to be taken by such agency, the schedule for completion of the remedial action, and the reasons for the decision. Subjects such final determinations to judicial review. Allows payment of all moneys to which such agency is entitled to be withheld in circumstances of noncompliance until such time as the required remedy is undertaken. Permits affected tribes to contract with the BIA under the Indian Self-Determination and Education Assistance Act to provide educational services provided by a local educational agency or elect to have such services provided by the BIA school.

Directs the Secretary of the Interior to distribute funds appropriated under the Snyder Act for contracting under the Johnson-O'Malley Act's supplemental program according to a formula which has been voted to be the most equitable by the majority of eligible Indian tribes.

Directs the Secretary of the Interior, in consultation with the Assistant Secretary of HEW and with tribes and Indian organizations, to develop standards for the basic education of Indian children attending Bureau of Indian Affairs (BIA) schools and Indian controlled contract schools. Requires the Secretary to submit to the appropriate committees of Congress, each time the annual budget for BIA educational services is presented, a plan to bring all BIA and such contract schools up to the level required by the applicable standards as published in the Federal Register or as modified to take into account the needs of Indian children and the contract school. Authorizes such sums as may be necessary to bring all such schools up to the required level.

Requires the Secretary, after conducting a comparative study of cost, to establish national criteria for dormitory situations.

Authorizes the Secretary to establish necessary regulations. Authorizes appropriations of no more than $1,000,000 to carry out such studies.

Stipulates that all Bureau facilities, schools, and dormitories be in compliance with all applicable Federal or State health and safety standards. States that any such Bureau facility not in compliance with such safety and health standards is not required to terminate operations provided it is in use on the date of enactment of this Act.

Vests the responsibility for and authority over education programs within the Bureau to the Assistant Secretary for Indian Affairs who shall carry out such functions through the Direcotr of the Bureau's Office of Indian Education Programs.

Directs the Secretary to establish an allotment formula to be used by the BIA for direct funding to BIA and Indian-control contract schools.

Requires that, within six months after the date of enactment of this Act, the Secretary establish a method for direct funding for each Bureau and Indian- controlled contract school.

States that it is the policy of the Bureau to foster Indian control in all matters relating to Indian education.

States that the competitive service provisions of the Civil Service will not apply to education positions in BIA schools.

Directs the Secretary to formulate regulations pertaining to educators, including employment ceilings, teacher qualifications, compensation levels, procedures governing the appointment and discharge of educators, and other appropriate matters. Allows local school boards to waive on a case by case basis any formal education requirements in order to permit a tribal member to be hired to teach tribal culture and language. Requires regulations on procedure be established for grievance resolution. Provides that no educator may be discharged without notice and opportunity for a hearing and that educators shall be notified 60 days prior to the end of the school year whether their employment contract will be renewed for the coming year. Permits a tribal organization to grant a waiver of the Indian preference laws respecting any personnel action of an employee not entitled to such preference.

Requires the Secretary to establish a computerized information system storing such information as: (1) student enrollment, (2) curriculum, (3) staff, and (4) student assessment for the purpose of coordinating such information between agency and area offices and the Office.

Requires the Secretary to publish in the Federal Register and to submit to the Bureau, tribes, and the Congress a draft of education policies, procedures, and practices.

Directs the Secretary to establish uniform education procedures and policies. Declares that the Secretary actively recruit Indian applicants and provide upward mobility for Indian employees of the BIA. Requires the submission of an annual report on the state of BIA education and any problems to the appropriate committees of the House and Senate.

Makes it the duty of the Secretary to prescribe rules and regulations to insure the constitutional and civil rights of Indian students attending BIA schools including their right to freedom of religion and expression and their right to due process.

Reauthorizes the Indian Elementary and Secondary School Assistance Act, the Indian Education Act, and the Elementary and Secondary Education Amendments of 1966 through October, 1983, at the current funding levels. Includes culturally related academic needs of Indian students within the program.

Amends the Indian Elementary and Secondary School Assistance Act to include support through grants for demonstration projects and programs designed to improve educational opportunities for Indian children, including projects which examine the special educational and culturally related academic needs that arise in school districts with high concentrations of Indian children.

Provides that those persons serving in the role of "in loco parentis" are eligible to serve on the parent committee which oversees the operation of the Indian Education programs.

Grants Indian-controlled schools under contract with the BIA the same status as local educational agencies for the purpose of receiving entitlement payments under this Act.

Revises the definitions of a number of education program components addressing Indian education needs.

Amends the Indian Education Act to allow the Commissioner to request specified information on the student eligibility form.

Provides for improvement of educational opportunities for Indian Students.

=Title XII: Administrative Provisions= - Amends the General Education Provisions Act to require the National Center of Education Statistics to collect data from States concerning equalization of resources and to require the Commissioner to provide technical assistance to States to assist them in achieving such equalization.

Establishes, within HEW, an Advisory Panel on Financing Elementary and Secondary Education which shall provide advice to the Secretary concerning school finance. Includes the views and recommendations of the Panel among the required information to be presented to the White House Conference on Education. Lists analyses and recommendations to be included in studies and surveys relating to the financing of elementary and secondary education. Directs the Secretary to submit (1) the results of such studies to the President and the Congress; and (2) a plan for the studies to be conducted to each House of Congress while it is in session on the same day.

Control of Paperwork Amendments - Amends the General Education Provisions Act to designate the Secretary as the coordinator for data requests of agencies and institutions dealing with education or management of policy relating to Federal education programs. Establishes a Federal Education Data Acquisition Council to represent the public and agencies which collect and use education data.

Authorizes the Council to develop procedures for paperwork control so that the Secretary may advise heads of relevant agencies when a proposed collection of information and data acquisition activities are excessive in detail, unnecessary, redundant, ineffective, or costly. Provides for an appeal to the Office of Management and Budget by an agency which has a disapproved request. Includes within the procedures established by the Secretary a review of plans for evaluations and for research. Directs the Secretary to assist each Federal agency in performing the review and evaluation and to require of each agency a plan for each collection of information and data acquisition activity. Permits a waiver of the requirements for certain individual research and evaluation studies which are not designated for individual project monitoring or review. Requires the Secretary to develop standard definitions and terms consistent, wherever possible, with those established by the Office of Federal Statistical Policy and Standards, Department of Commerce, to be used by all Federal agencies in dealing with education-related information and data acquisition requests.

Authorizes appropriations through fiscal year 1982 for salaries and expenses and for grants to State educational agencies for the development or improvement of education management information systems.

Authorizes the Commissioner to permit the use of applications for a period of up to three years for any designated program.

Sets forth State and local responsibilities with respect to any applicable program in which Federal funds are made available to local educational agencies through or under the supervision of a State agency or board.

Grants the Secretary and the Comptroller General access to any records of such recipients for the purpose of audit examination.

Establishes an Education Appeal Board to provide a due process hearing procedure for adverse actions taken against recipients by the Office of Education under major Federal education programs.

Permits the Commissioner to give written notice of a final audit determination to a State or local educational agency which has failed to discharge its obligation to account for funds, and of the withholding of funds in whole or in part.

Entitles any recipient of funds to file with the appropriate United States Court of Appeals a petition for review of adverse actions taken by the Commissioner or the Board.

Authorizes the Commissioner to repay up to 75 percent of funds recovered pursuant to an audit exception to the State or local agency, for use for the beneficiaries originally intended to be served.

Sets forth general administration provisions including, but not limited to, the establishment of the Office of Non-Public Education to insure the participation of eligible nonpublic school students in Federal educational programs and the protection of pupil rights.

=Title XIII: Revision of Other Education Programs= - Amends the Adult Education Act to state that the purpose of this Act is to expand educational opportunities for adults and to encourage the establishment of programs designed to provide functional literacy to participating adults.

Permits funding of programs in public and private nonprofit agencies. Includes the Northern Mariana Islands in adult education programs. Authorizes funds for the National Institute of Education to conduct research involving adult education and to conduct experimental programs on national significance. Directs the Commissioner to evaluate the effectiveness of adult education programs. Authorizes appropriations for this Title and for teacher training programs of the Higher Education Act of 1965.

Authorizes the Commissioner to make grants to provide adult education programs to immigrant adults in need of such services.

Amends the Indochia Refugee Children Assistance Act of 1976 to extend such program through fiscal year 1981.

=Title XIV: Overseas Defense Dependents' Education= - Defense Dependent's Education Act - Directs the Secretary of Defense to establish and operate education system which shall provide a free public education for defense dependents in overseas areas.

Establishes within the Department of Defense (DOD) the Office of Dependents' Education which shall set forth personnel policies consistent with the Defense Department Overseas Teachers Pay and Personnel Practices Act and perform other duties to carry out the purpose of this Title.

Directs the Secretary of Agriculture to assist the Secretary in the administration of school lunch programs authorized by this Title.

Sets forth an allotment formula for determining minimum allotment of funds for the operation of each school in the system.

Establishes within the DOD an Advisory Council on Dependents' Education which shall advise the Director of the Office of Dependents' Education.

Requires the Director to submit reports to the Congress on a study of the entire defense dependents' education system.

=Title XV: Miscellaneous Provisions= - Directs the President to establish a National Commission on the International Year of the Child which shall seek to stimulate within the United States a better understanding of, and actions to meet, the needs of all children. Directs the Commission to promote observance of the 1979 International Year of the Child as designated, by resolution, by the United Nations General Assembly and to cooperate with UNICEF and other international organizations to achieve the objectives of the Year.

Establishes a Commission of Proposals for the National Academy of Peace and Conflict Resolution to study whether to establish a National Academy of Peace and Conflict Resolution and report to the President and to each House of Congress on its findings and conclusions, together with legislative recommendations. Authorizes appropriations to carry out this Title.

Establishes the effective date for all amendments in the Act as October 1, 1978, unless otherwise provided.