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children of school age in such State; (b) A compulsory school attendance law requiring all children between the ages of seven and fourteen 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, bublic and private: Provided, That apportionment 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 perinit.

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 principles of health and sanitation. Said sum shall be apportioned to the States which qualify under the provisions of this act in the proportions which their respective populations bear to the total population of the United States, not including outlying possessions, according to the last preceding 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 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. 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 preparation 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 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. 12. That in order to receive apportionment from one or more of the appropriations 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 educational authority, to represent said State in the administration 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 of 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 custodian 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 disbursements to be made in accordance with the legal provisions of said State.

A State may accept the provisions of any one or more of the respective apportionments authorized in sections 7, 8, 9, 10, and 11 of this act, and may defer the acceptance of any one or more of said apportionments: Provided, however, 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

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equally as large shall be provided by said State, or by local authorities, or by both, for the same purpose: And provided further, 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 preparation 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 apportioned to a State under any of the provisions of this act shall be used by any State or local authority, directly or indirectly, for the purchase, rental, erection, preservation, or repair of any building or equipment, or for the purchase or 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 distribution and administration of such funds as shall be apportioned 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 secretary 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 exclusively by the legally constituted State and local educational authorities of said State, and the secretary of education shall exercise no authority in relation thereto; and this act shall not be construed to imply Federal control of education 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 apportionment 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 specifically wherein said State fails to comply with the provisions 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 purposes 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 designated to represent a State receiving any of the apportionments made under the provisions of this act shall, not later than September 1 of each year, make a report to the secretary of education showing the work done in said State in carrying out the provisions of this act during the next preceding 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 represent a State shall fail to report as herein provided, the secretary 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 council on education to consult and advise with the secretary of education on subjects relating to the promotion and development of education in the United States. The secretary of 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 administration of this act; (b) not to exceed twenty-five educators representing the different interests in education, to be appointed annually by the secretary of education; (e) 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 at 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 annually 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 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 passage, and all acts or parts of acts in conflict with this act are hereby repealed.

ANALYSIS OF THE STERLING-REED EDUCATIONAL BILL BY SECTIONS

1. Creates a department of education, with a secretary in the President's Cabinet, at a salary of $12,000.

2. Authorizes an assistant at a salary to be determined by Congress, and clerks and bureau chiefs as voted.

3. Transfers to the department the Bureau of Education, with equipment, personnel, etc. Leaves Congress to determine on transfer of other educational activities now in other departments or existing as separate boards.

4. Defines powers and duties of secretary.

5. Directs department to conduct research in special fields mentioned and wherever else required, in judgment of secretary.

6. Authorizes appropriation up to $500,000 for administration.

7. Authorizes appropriation up to $7,500,000 for removal of illiteracy, to be distributed to States on basis of number of native-born illiterates, and administered by State in same manner as other State funds.

8. Authorizes appropriation up to $7,500,000 for Americanization, to be distributed to States on basis of number of foreign-born residents. To be used to teach immigrants to speak and read English, and to understand and appreciate the Government of the United States and the duties of citizenship. Administered entirely by States, according to their own laws.

9. Authorizes appropriation up to $50,000,000 to level up opportunities in public elementary and secondary schools, especially rural schools. Distributed, one-half in proportion to children, one-half in proportion to teachers. Administered entirely by States. In order to qualify, a State must: (a) Provide schools for at least 24 weeks in the year; (b) require attendance at some school, public or private, for at least 24 weeks in the year, of all those between 7 and 14 years of age; and (c) require that all common branches be taught in English, in all schools, public and private.

10. Authorizes appropriation up to $20,000,000 for physical education, and instruction in the principles of health and sanitation. Apportioned on basis of population and administered entirely by States.

11. Authorizes appropriation up to $15,000,000 for training teachers, both prospective and in service. Apportioned on basis of number of teachers employed. Administered entirely by States.

12. To qualify for apportionments, States must: (a) Accept this act by legislative enactment; (b) provide for distribution and administråtion of funds; (c) designate chief educational authority; (d) charge State treasurer with responsibility for funds.

A State may accept any one or more provisions of sections 7, 8, 9, 10, and 11, provided State or local authorities appropriate at least as much as the Federal allotment. In accepting 9, 10, and 11 they must not for any fiscal year appropriate less than they did the year preceding acceptance of the act.

No money appropriated by this act shall be used for the purchase, rental, erection, or repair of buildings or equipment or for land or debts.

13. Allotment will be made each year on certificate of the governor and educational officer of a State that the statutes have been complied with. All educational facilities encouraged under this act shall be controlled exclusively by the State and local educational authorities, and the secretary of education shall exercise no authority in relation thereto.

14. Secretary authorized to prescribe plans for keeping accounts. If report shows failure, in his judgment, to comply with the law, he notifies State educational officer and governor. If failure continues uncorrected, he so reports to Congress in his next annual report.

15. Authorizes Secretary of Treasury to make quarterly payments.

16. Requires annual report from State, failing which payments may be discontinued.

17. Creates national advisory council.
18. Requires secretary of education to make annual report to Congress.

Miss Williams. I wish to introduce as the first speaker this morning Dr. George D. Strayer, who is chairman of the legislative commission of the National Education Association, who was the chairman of the emergency commission when this bill was drafted, and is also a prominent member of Teachers' College, Columbia University

STATEMENT OF DR. GEORGE D. STRAYER, PROFESSOR OF

EDUCATION, TEACHERS' COLLEGE, COLUMBIA UNIVERSITY, NEW YORK

Doctor STRAYER. Mr. Chairman and gentlemen, I think it is interesting to present for your consideration the development of this measure. In 1918 a commission composed of presidents of colleges and universities, State superintendents of schools, city ard county superintendents, and professors in universities, was constituted by the National Education Association to inquire concerning the condition of public education in the United States. That commission met for a number of weeks. It had available from the War Department and from other sources much information concerning education which had not been available before that time, and it was out of the consideration of the facts as they were assembled that this commission drafted the bill which was originally presented to Congress by Congressman Towner in the House and by Senator Hoke Smith in the Senate.

That bill provided, as does this--and in almost every respect the bills are identical--for the creation of a department of education, for Federal aid for the removal of illiteracy, the Americanization of the foreign born, the development of a program of physical education and health service, the training of teachers, and for the equalization of educational opportunity, especially in that we found it was possible to improve rural education in the United States.

Let us consider, first, the reason why we have proposed and continued to advocate the establishment of a department of education. It may be worth while in passing to note the fact that there is no other Government among those with which we commonly compare ourselves which has not a minister of education. It may, of course, be suggested that the reason we have not is because we leave education to the States. I should be the last one to deny the validity of that statement, and I would call your attention to the fact that the public-school system of the United States really owes its developînent to action taken by the Federal Government; and for any

fiscal year within the past five years you will discover that the Federal Government has appropriated, I think, never less than $4,000,000, exclusive of money provided for the education or rehabilitation of soldiers.

I suggested that the National Government has been concerned, and is concerned, in the development of public education. We believe that it should be even more concerned with the development of public education, especially from the standpoint of bringing into a proper relationship of cooperation and of discussion those responsible for the administration of public education throughout the Nation, and we believe this can only be done if there is in Washington one who sits in a position giving him the prestige and power to lead that we associate with a member of the President's Cabinet. I would call attention to the fact that we have throughout the Nation to-day, in our State offices, in our city offices, in our universities and other educational positions, men and women of large ability who receive relatively large reward for their services, who are in positions that really are acknowledged as positions of influence and power.

We do not believe that the right kind of relations with that kind of people will ever be developed until there is one here in Washington who is in position to invite their cooperation and invite them to come and sit with him; and so in the bill we have provided not only that there should be a secretary in the President's Cabinet, but that there be developed what we call a national council, that council to be, upon the invitation of the secretary of education, called at least once annually, and to consist of the State superintendents of schools and other educators chosen throughout the country and of laymen who are interested in the development of public education throughout the United States.

But we believe that there is, as well, a function of research and investigation quite as significant for the development of public education in the United States as is that function as exercised, let us say, by the Department of Agriculture, or the Department of Commerce, or the Department of Labor. We know to-day that it is not possible, with the provisions made, for the Bureau of Education to do the work that ought to be done. We know that we are to-day constantly failing to have made available the information that ought to be available to every school system in these United States, the experience of all made available for each, because of a lack of a sufficient staff, of sufficient support, to render that service to the public schools of the United States. The bill therefore provides not only that the department of education be established, but that the office be supported, and that that office have, as a primary obligation, the conducting of such researches and investigations and the discussion of such information as will promote the development of our public-school system.

I would like at this point, if I may, to have you look at two charts which have been prepared, one of which is headed “Department of education," and which suggests something of the possible activities that might be undertaken. Copies of these charts lie before you on the table. I would like, Mr. Chairman, to have them made a part of the record.

(The charts referred to are as follows:)

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