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Sa…a6 68th CONGRESS, - 1st SESSION. ->e 1 IN THE SENATE OF THE UNITED STATES. Droman: 17, 1923. * Mr. STERLING introduced the following bill; which was read twice and referred to the Committee on Education and Labor. A BILL To create a Department of Education, to authorize appropria- tions for the conduct of said department, to authorize the appropriation of money to encourage the States in the pro- motion and support of education, and for other purposes. Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled, That there is hereby created an executive department in the Government to be called the Department of Education, with a Secretary of Education, who shall be the head thereof, to be appointed by the President, by and with the advice and consent of the Senate, and who shall receive a salary of $12,000 per annum, and whose tenure of office shall be the : same as that of the heads of other executive departments; 2 98765432j | 6 17 18 19 20 21 22 23 24 2 5 and section 158 of the Revised Statutes is hereby amended to include such department, and the provisions of title 4 of the Revised Statutes, including all amendments thereto, are hereby made applicable to said department. The Sec- retary of Education shall cause a seal of office to be made for such department of such device as the President shall approve and judicial notice shall be taken of said seal. SEC. 2. That there shall be in said department an AS- sistant Secretary of Education, to be appointed by the Presi- dent, who shall receive a salary to be determined by Congress. He shall perform such duties as may be prescribed by the Secretary or required by law. There shall also be one chief clerk and a disbursing clerk and such chiefs of bureaus and clerical assistants as may from time to time be author- ized by Congress. SEC. 3. That there is hereby transferred to the De- partment of Education the Bureau of Education, and such offices, bureaus, divisions, boards, or branches of the Gov- ernment, connected with or attached to any of the executive departments or organized independently of any department, as Congress may determine should be administered by the Department of Education, and all such offices, bureaus, divisions, boards, or branches of the Government so trans- ferred by act of Congress shall thereafter be administered by the Department of Education, as hereinafter provided. 3 l - 25 All, officers, clerks, and employees employed in or by any office, bureau, division, board, or branch of the Govern- ment, transferred in accordance with the provisions of this Act to the Department of Education, shall each and all be transferred to said Department of Education at their existing grades and salaries, except where otherwise provided in this Act; and the office records and papers on file pertaining exclusively to the business of any such office, bureau, division, board, or branch of the Government so transferred, together with the furniture and equipment thereof, shall be trans- ferred to said department. SEC. 4. That the Secretary of Education shall have charge, in the buildings or premises occupied by or assigned to the Department of Education, of the library, furniture, fixtures, records, and other property used therein or per- taining thereto, and may expend for rental of appropriate quarters for the accommodation of the Department of Edu. cation within the District of Columbia, and for the library, furniture, equipment, and all other incidental expenses, such sums as Congress may provide from time to time. All power and authority conferred by law upon the head of any executive department, or upon any adminis- trative board, over any officer, office, bureau, division, board or branch of the Government, transferred in accordance with the provisions of this Act to the Department of Education, 4 987 11 12 shall, after such transfer, be vested in the Secretary of Edu- cation, and all business arising therefrom or pertaining there- to, and all duties performed in connection therewith shall thereafter be administered by the Department of Education. All laws prescribing the work and defining the duties and powers of the several offices, bureaus, divisions, boards, or branches of the Government, transferred in accordance with the provisions of this Act to the Department of Educa. tion, shall, in So far as the same are not in conflict with the provisions of this Act, remain in full force and effect and be administered by the Secretary of Education, to whom is hereby granted authority to reorganize the work of any and all of the said offices, bureaus, divisions, boards, or branches of the Government so transferred in such way as will in his judgment best accomplish the purposes of this Act. SEC. 5. That the Department of Education shall conduct studies and investigations in the field of education and report thereon. Research shall be undertaken in (a) illiteracy; (b) immigrant education; (c) public school education, and especially rural education; (d) physical education, including health education, recreation, and sanitation; (e) preparation and supply of competent teachers for the public schools; (f) higher education; and in such other fields as, in the judg: ment of the Secretary of Education, may require attention 14 15 T6 17 18 19 20 21 22 23 24 25 and study. 5 In order to carry out the provisions of this section the Secretary of Education is authorized, in the S8.II 162 Iſla DI16I 8:S provided for appointments in other departments, to make appointments, or recommendations of appointments, of edu- cational attachés to foreign embassies, and of such investiga- tors and representatives as may be needed, subject to the appropriations that have been made or may hereafter be made to any office, bureau, division, board, or branch of the Government transferred in accordance with the provisions of this Act to the Department of Education; and where appro- priations have not been made therefor the appropriation pro- vided in section 6 of this Act shall be made available. SEC. 6. That for the fiscal year ending June 30, 1922, and annually thereafter, the sum of $500,000, or so much thereof as may be necessary, is hereby authorized to be appropriated, out of any money in the Treasury not other- wise appropriated, to the Department of Education, for the purpose of paying salaries and conducting studies and in- vestigations, and paying all incidental and traveling expenses and rent where necessary, and for the purpose of enabling the Department of Education to carry out the provisions of this Act. And all appropriations which have been made and which may hereafter be made to any office, bureau, division, board, or branch of the Government, transferred in accord- ance with the provisions of this Act to the Department of 6 1 . 5432:987654321() Education, are hereby continued in full force and effect, and shall be administered by the Secretary of Education in such manner as is prescribed by law. SEC. 7. In order to encourage the States to remove illit- eracy $7,500,000, or so much thereof as may be necessary, is authorized to be appropriated annually for the instruction of illiterates fourteen years of age and over. Said sum shall be apportioned to the States which qualify under the provi- sions of this Act, in the proportions which their respective illiterate populations fourteen years of age and over, not including foreign-born illiterates, bear to such total illiterate population of the United States, not including outlying pos- sessions, according to the last preceding census of the United States. All funds apportioned to a State for the removal of illiteracy shall be distributed and administered in accordance with the laws of said State in like manner as the funds pro- vided by State and local authorities for the same purpose, and the State and local educational authorities of said State shall determine the courses of study, plans, and methods for carrying out the purposes of this section within said State in accordance with the laws thereof. SEC. 8. That in order to encourage the States in the Americanization of immigrants $7,500,000, or so much thereof as may be necessary, is authorized to be appropriated annually to teach immigrants fourteen years of age and over 7 to speak and read the English language and to understand and appreciate the Government of the United States and the duties of citizenship. The said sum shall be apportioned to the States which qualify under the provisions of this Act in the proportions which their respective foreign-born popu- lations bear to the total foreign-born population of the United States, not including outlying possessions, according to the last preceding census of the United States. All funds appor- tioned to a State for the Americanization of immigrants shall be distributed and administered in accordance with the laws of said State in like manner as the funds provided by State and local authorities for the same purpose, and the State and local educational authorities of said State shall determine the courses of study, plans, and methods for carrying out the purposes of this section within said State in accordance with the laws thereof. SEC. 9. That in order to encourage the States to equal- ize educational opportunities $50,000,000 or so much thereof º may be necessary is authorized to be appropriated an- nually to be used in public elementary and secondary schools for the partial payment of teachers’ salaries, for pro- viding better instruction and extended school terms especially in rural schools and schools in sparsely settled localities, for the extension and adaptation of public libraries for educa- tional purposes, and otherwise providing equally good educa- 8 : tional opportunities for the children of the several States. The said sum shall be apportioned to the States which qualify under the provisions of this Act one-half in the pro- portions which the number of children between the ages of six and twenty-one of the respective States bears to me total number of such children in the United States, and one-half in the proportions which the number of public-school teachers employed in teaching positions in the respective States bears to the total number of public-school teachers so employed in the United States, not including outlying possessions, said apportionment to be based upon statistics collected annually by the Department of Education. All funds apportioned to a State to equalize educational opportunities shall be distributed and administered in accordance with the laws of said State in like manner as the funds provided by State and local authorities for the same purpose, and the State and local educational authorities of said State shall determine the courses of study, plans and methods for carrying out the pur- poses of this section within ºil State in accordance with the laws thereof: Provided, however, That the apportionments . authorized by this section shall be made only to such States as by law provide: (a) A legal school term of º least twenty- four weeks in each year for the benefit o all children of school age in such State; (b) A compulsory school attendance law requiring all children between the ages of seven and fourteen º 9 years to attend some school for at least twenty-four weeks in each year; (c) That the English language shall be the basic language of instruction in the common school branches in all schools, public and private: Provided, That apportion- ment may be made under the provisions of this section to a State prevented by its constitution from full compliance with the foregoing conditions if said conditions are approximated as nearly as constitutional limitations will permit. SEC. 10. That in order to encourage the States in the promotion of physical education, $20,000,000, or so much thereof as may be necessary, is authorized to be appropriated annually for physical education and instruction in the prin- ciples of health and sanitation. Said sum shall be appor- tioned to the States which qualify under the provisions of this Act in the proportions which their respective wome tions bear to the total population of the United States, not including outlying possessions, according to the last pre- ceding census of the United States. All funds apportioned to a State for the promotion of physical education shall be distributed and administered in accordance with the laws of said State in like manner as the funds provided by State and local authorities for the same purpose, and the State and local educational authorities of said State shall deter- mine the course of study, plans, and methods for carrying 10 ! out the purposes of this section within said State in accord- ance with the laws thereof. tº SEC. 11. That in order to encourage the States in the preparation of teachers for public-school service, $15,000,000, or so much thereof as may be necessary, is authorized to be appropriated annually to provide and extend facilities for the improvement of teachers in service and for the more adequate preparation of prospective teachers, and to provide an increased number of trained and competent teachers by encouraging through the establishment of scholarships and otherwise a greater number of talented young persons to make adequate preparation for public-school service. The said sum shall be apportioned to the States which qualify under the provisions of this Act in the proportions which the number of public-school teachers employed in teaching positions in the respective States bear to the total number of public school teachers so employed in the United States, not including outlying possessions, said apportionments to be based on statistics collected annually by the Department of Education. All funds apportioned to a State for the prepara- tion of teachers for public-school service shall be distributed and administered in accordance with the laws of said State in like manner as the funds provided by State and local authori- ties for the same purpose, and the State and local educational ‘e authorities of said State shall determine the courses of study, 11 plans, and methods for carrying out the purposes of this sec- tion within said State in accordance with the laws thereof. SEC. 12. That in order to receive apportionment from OIle OI’ more of the approvision authorized in sections 7, 8, 9, 10, and 11 of this Act a State shall by legislative enactment accept the provisions of this Act and provide for the distribution and administration of such funds as shall be apportioned to said State, and shall designate the State's chief educational authority, whether a State superintendent of public instruction, a commissioner of education, a State board of education, or other legally constituted chief educa- tional authority, to represent said State in the administra- tion of this Act, and such authority so designated shall be recognized by the Secretary of Education: Provided, That in any State in which the legislature does not meet within one year after the passage of this Act, the governor o said State, in so far as he may have authority so to do, may take such action, temporarily, as is herein provided to be taken by legislative enactment in order to secure the benefits of this Act, and such action by the governor shall be recognized by the Secretary of Education for the purposes of this Act until the legislature of said State shall have met in due course and been in session sixty days. In any State accepting the provisions of this Act the State treasurer shall be designated and appointed as cus- 12 . todian of all funds received by said State as apportionments under the provisions of this Act, to receive and provide for the proper custody and disbursement of the same, such dis. bursements to be made in accordance with the legal pro- visions of said State. e A State may accept the provisions of any one or more of the respective apportionments authorized in sections 7 2 8, 9, 10, and 11 of this Act, and may defer the acceptance of any one or more of said apportionments: Provided, how- ever, That no money shall be apportioned to any State from any of the funds authorized to be appropriated by sections 7, 8, 9, 10, and 11 of this Act, unless a sum at least equally as large shall be provided by said State, or by local authori- ties, or by both, for the same purpose: And provided fur- ther, That the sum or sums provided by the State and local authorities for the equalization of educational opportunities, for the promotion of physical education, and for the prepara- tion of teachers shall not be less for any year than the amount provided for the same purpose for the fiscal year next preceding the acceptance of the provisions of this Act by said State: And provided further, That no money appor- - tioned to a State under any of the provisions of this Act shall be used by any State or local authority, directly or in- directly, for the purchase, rental, erection, preservation, or repair of any building or equipment, or for the purchase or - 13 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 rental of land, or for the payment of debts or the interest thereon. - SEC. 13. That when a State shall have accepted the provisions of this Act and shall have provided for the dis- tribution and administration of such funds as shall be appor- tioned to said State, and when the State's chief educational authority designated to represent said State shall so report in writing to the Secretary of Education, and said report shall be approved by the governor of said State, showing that said State has complied with the provisions of this Act with respect to any one or more of the apportionments authorized in sections 7, 8, 9, 10, and 11 of this Act, and when annually thereafter a like report shall be filed with the Secretary of Education, approved by the governor of Said State, the Sec- retary of Education shall apportion to said State for the ensuing fiscal year such funds as said State may be entitled to receive under the provisions of this Act, and shall certify such apportionment or apportionments to the Secretary of the Treasury: Provided, That all the educational facilities encouraged by the provisions of this Act and accepted by a State shall be organized, supervised, and administered ex- clusively by the legally constituted State and local educa- tional authorities of said State, and the Secretary of Educa- tion shall exercise no authority in relation thereto; and this Act shall not be construed to imply Federal control of educa- 14 tion within the States, nor to impair the freedom of the States in the conduct and management of their respective school systems. SEC. 14. That the Secretary of Education is authorized to prescribe plans for keeping accounts of the expenditures of such funds as may be apportioned to the States under the provisions of this Act and to audit such accounts. If the Secretary of Education shall determine that the apportion- ment or apportionments made to a State for the current fiscal year are not being expended in accordance with the provisions of this Act, he shall give notice in writing to the chief educational authority designated to represent said State, and to the governor of said State, in duplicate, stating spe- cifically wherein said State fails to comply with the pro- visions of this Act. If after being so notified a State fails to comply with the provisions of this Act, the Secretary of Education shall report thereon to Congress not later than in his next annual report. If any portion of the money received by the treasurer of a State, under the provisions of this Act, for any of the purposes herein named shall, by action or contingency, be diminished or lost, the same shall be replaced by said State, and until so replaced no subsequent apportionment for such purpose shall be made to said State. If any part of the funds apportioned annually to any State for any of the pur- 15 poses named in sections 7, 8, 9, 10, and 11 of this Act has not been expended for such purpose, a sum equal to such unexpended part shall be deducted from the next succeeding annual apportionment made to said State for such purpose. SEC. 15. That the Secretary of the Treasury is hereby authorized and directed to pay quarterly to the treasurer of each State such apportionment or apportionments as the Secretary of Education shall certify that said State is entitled to receive under the provisions of this Act. SEC. 16. That the chief educational authority desig- nated to represent a State receiving any of the apportion- ments made under the provisions of this Act shall, not later than September 1 of each year, make a report to the Sec- retary of Education showing the work done in said State in carrying out the provisions of this Act during the next pre- ceding fiscal year, and the receipts and expenditures of money apportioned to said State under the provisions of this Act. If the chief educational authority designated to repre- sent a State shall fail to report as herein provided, the Sec- retary of Education may discontinue all apportionments to said State until such report shall have been made. SEC. 17. That there is hereby created a National Coun- cil on Education to consult and advise with the Secretary of Education on subjects relating to the promotion and develop- ment of education in the United States. The Secretary of 16 : . Education shall be chairman of said council, which shall be constituted as follows: (a) The chief educational authority of each State designated to represent said State in the ad- ministration of this Act; (b) not to exceed twenty-five edu- cators representing the different interests in education, to be appointed annually by the Secretary of Education; (c) not to exceed twenty-five persons, not educators, interested in the results of education from the standpoint of the public, to be appointed annually by the Secretary of Education. Said council shall meet for conference once each year al the call of the Secretary of Education. The members shall serve without pay, but their actual expenses incurred in attending the conferences called by the Secretary of Education shall be paid by the Department of Education. * SEC. 18. That the Secretary of Education shall annu- ally at the close of each fiscal year make a report in writing to Congress giving an account of all moneys received and disbursed by the Department of Education and describing the work done by the department. He shall also, not later than December 1 of each year, make a report to Congress on the administration of sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 of this Act, and shall include in said report a summary of the reports made to him by the several States showing the administration of this Act therein, and shall at the same time make such recommendations to Congress as 17 .. will, in his judgment, improve public education in the United States. He shall also from time to time make such special investigations and reports as may be required of him by the President or by Congress. SEC. 19. That this Act shall take effect upon its pas- Sage, and all Acts or parts of Acts in conflict with this Act are hereby repealed. * S. 1337—2 *** *** * * * * * s==== < e = <-º-º-º- = c-ax-- a------º -º-º-º-º-º-º-º-º: --> --> -----ºr ---- º ºgºs --- *ay - - ------, * * =---------~~~< r <--s . *** - - - - --> --- -—3 - - - - - -2 — - — ... -- 3 - - - - - - -—- 2 as sº-º-º-º-º-ºr- * - **{ -º-º-º: = e -sº-º-º-º-º-º-º-º- kº-º-º-º-º: º > -º º -- ºs-ºs- Fº sº *sº **** ºrºººººº-ºº: **** * * gº sº-cre- irº#::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: es. 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DECEMBER 17, 1923. Read twice and referred to the Committee on Education and Labor. ill UNTEER: OF MICH|GA | 4468 3 9015 08029 aylord I3ros. ∞∞ ∞ r-ro ！== ---- ©ae == <！， --> |- Ž G) (U) ！ Q º i-* Ç>, CO C ：·º.* ·…*** • • x ≡！