February 6, 1970
Page 2756
ELEMENTARY AND SECONDARY EDUCATION AMENDMENTS OF 1969
The Senate continued with the consideration of the bill (H.R. 514) to extend programs of assistance for elementary and secondary education, and for other purposes.
Mr. MUSKIE. Mr. President, I send an amendment to the desk.
The PRESIDING OFFICER. The amendment offered by the Senator from Maine will be stated.
The assistant legislative clerk proceeded to read the amendment.
Mr. MUSKIE. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 217, insert after line 14 the following:
"AMENDMENT RELATING TO THE AMERICAN PRINTING HOUSE FOR THE BLIND
"SEC. 809(a). The paragraph designated 'First' in section 3 of the Act entitled 'An Act to promote the education of the blind,' approved March 3, 1879 (20 U.S.C. 102), is amended to read as follows:
“(A) Such appropriation shall be expended by the trustees of the American Printing House for the Blind each year in manufacturing and furnishing books and other materials specially adapted for instruction of the blind; and the total amount of such books and other materials so manufactured and furnished by such appropriation shall each year be distributed among all the public and private non-profit institutions in the States, Territories, and possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, in which blind pupils are educated. Each public and private non-profit institution for the education of the blind shall receive, in books and other materials, upon requisition of its superintendent, that portion of the appropriation as is shown by the ratio between the number of blind pupils in that institution and the total number of blind pupils in all of the public and private non-profit institutions in which blind pupils are educated. Each chief State school officer shall receive, in books and other materials, upon requisition, that portion of the appropriation as is shown by the ratio between the number of blind pupils in public and private non-profit institutions (in the State) in which blind pupils are educated, other than institutions to which the preceding sentence is applicable, and the total number of blind pupils in the public and private non-profit institutions in which blind pupils are educated in all of the States, Territories, and possessions of the United States, the Commonwealth of Puerto Rico, and the District of Columbia. The ratio referred to in each of the two immediately preceding sentences shall be computed upon the first Monday in January of each year, and for the purpose of such sentences the number of blind pupils in public and private non-profit institutions in which blind pupils are educated shall be authenticated in such manner and as often as the trustees of the American Printing House for the Blind shall require. For purposes of this Act, an institution for the education of the blind is any institution which provides education exclusively for the blind, or exclusively for the blind and other handicapped children (in which case special classes are provided for the blind); the chief State School officer of a State is the superintendent of public elementary and secondary schools in such State or, if there is none, such other official as the Governor certifies to have comparable responsibility in the State; and a blind pupil is a blind individual pursuing a course of study in an institution of less than college grade.
"'(B) The portion of the appropriation received by each chief State school officer, in such books and other materials under subparagraph (A) of this paragraph which represents the number of blind pupils in private non-profit institutions in such State in which blind pupils are educated shall be distributed among such institutions on the basis of the number of blind pupils in each institution as compared to the total number of such pupils in all of the private non-profit institutions in which blind pupils are educated in Such State.
"'(C) All books and other materials furnished pursuant to this Act, and control and administration of their use, shall vest only in a public agency. Such books and materials made available pursuant to this Act for use of teachers and blind pupils in any State, Territory, or possession of the United States, the Commonwealth of Puerto Rico, and the District of Columbia in any school shall be limited to the books and materials which have been approved by an appropriate educational authority or agency of such State, Territory, possession, Commonwealth, or District, or any local educational authority thereof, for use, or are used, in a public elementary or secondary school therein.'.
"(b) The paragraph designated 'Fourth' of section 3 of the Act entitled 'An Act to promote the education of the blind', approved March 3, 1879, as amended (20 U.S.C. 102), is amended by inserting immediately after 'public', the following: 'and private nonprofit'.
"(c) Section 4 of such Act is amended by inserting immediately after 'public', the following: 'or private non-profit'.
Mr. MUSKIE. Mr. President, I offer this amendment to H.R. 514, which would amend the American Printing House for the Blind Act to extend the services under this act to those blind children attending private, nonprofit schools.
My amendment is a simple one, consisting of the addition of the words "private nonprofit" to the sentence beginning "Each public institution for the education of the blind." Other similar adjustments would be made in the language of the act referring to purpose and method of expenditures.
At the present time, there are approximately 20,500 students receiving assistance through the services offered by the American Printing House for the Blind Act. However, there remain about 1,500 blind children attending private, nonprofit schools who are not considered eligible for assistance due to the language in the act which restricts aid to public schools.
These 1,500 children are severely limited in their educational opportunities. Although some States do permit assistance under this act to private schools, the special equipment which the private schools receive on loan from the State education agencies is inadequate to meet the need.
The expense of providing special equipment for education of the blind is considerable. In view of escalating costs and an increased demand for diversity of programs, it is becoming increasingly difficult for private, nonprofit educational institutions to underwrite the cost of a special program for a small number of students.
The U.S. Office of Education estimates an average cost of $40 per child under the American Printing House for the Blind Act. Yet the cost of a supplementary tutorial services for educating each blind child, operated by a private nonprofit institution, will reach many times this estimate.
Because of the relatively small number of children that this amendment would affect, we need not fear that assistance presently being received by the States for distribution to the children registered in the public schools would be significantly reduced.
Moreover, we have the opportunity, with this amendment, to insure that all blind students shall have the same educational benefits, regardless of whether they attend private or public schools.
Mr. PELL. Mr. President, to me the amendment seems to have substantial merit. Blindness does not know any limitation because of race, religion, or any other reason. Children who are blind should be helped no matter whether the schools they attend are public or private. We have already arrived at the conclusion that it is perfectly proper for tax moneys to be used for textbooks and materials of that sort to help children no matter what schools they are in.
I would hope, depending upon the views of the ranking minority member of the committee, speaking for the administration, that we could accept the amendment.
Mr. JAVITS. Mr. President, obviously the deepest sympathy extends to the purpose of the amendment. It should be noted that if we do accept it, we will be amending an act not otherwise dealt with in the bill before us. H.R. 514 is an education act, and the American Printing House for the Blind Act is a separate law adopted in about the 1870's to deal with a tremendously compassionate problem.
I think really it was an oversight that we have not taken care of this matter sooner, because title VI of the ESEA, in dealing with State plans for handicapped children, provides for State plans to consider children who are enrolled – and I am referring to section 613 (a) (2) – in private elementary and secondary schools.
It seems to me, therefore, it is only just, if we are reaching out to help handicapped children, even if it is with reference to another law not otherwise dealt with and covered, and certainly blind children are as handicapped as any children could be.
For those reasons, I find the amendment satisfactory.
I have consulted with the Senator from Vermont (Mr. PROUTY), who feels the same way. I understand the amendment will be satisfactory to the administration.
The PRESIDING OFFICER. The question is on agreeing to the amendment.
The amendment was agreed to.