Washington : Government Printing Office
(a) The purpose of this subpart is to strengthen the educational opportunities available to children in areas having concentrations of low-income families and to encourage colleges and universities to broaden their programs of teacher preparation by—
(1) attracting and training qualified teachers who will be made available to local educational agencies for teaching in such areas;
(2) attracting and training inexperienced teacher-interns who will be made available for teaching and inservice training to local educational agencies in such areas in teams led by an experienced teacher;
(3) attracting volunteers to serve as part-time tutors or full-time instructional assistants in programs carried out by local educational agencies and institutions of higher education serving such areas; and
(4) attracting and training educational personnel to provide relevant remedial, basic, and secondary educational training, including literacy and communications skills, for juvenile delinquents, youth offenders, and adult criminal offenders.
(b) For the purpose of carrying out this subpart, there are authorized to be appropriated $36,100,000 for the fiscal year ending June 30, 1966, $64,715,000 for the fiscal year ending June 30, 1967, $33,000,000 for the fiscal year ending June 30, 1968, $46,000,000 for the fiscal year ending June 30, 1969, and $40,000,000 for the fiscal year ending June 30, 1970, and $100,000,000 for the fiscal year ending June 30, 1971. respectively; and there are further authorized to be appropriated such sums for the fiscal year ending June 30, 1972, as may be necessary to enable any teacher-intern who has not completed his program of practical and academic training to continue such program for a period of not more than one additional year. (Pub. L. 89-329, title V, § 511, Nov. 8, 1965, 79 Stat. 1255; Pub. L. 90-35, § 3 (a) (3), (b), June 29, 1967, 81 Stat. 85; Pub. L. 90-575, title II, § 231(a), (b)(1), Oct. 16, 1968, 82 Stat. 1039; Pub. L. 91-230, title VIII, §§ 804(b), 805(a), Apr. 13, 1970, 84 Stat. 190, 191.)
In order to carry out the purposes of this subpart, there is hereby established in the Office of Education a Teacher Corps. The Teacher Corps shall be headed by a Director who shall be compensated at the rate prescribed for grade 17 of the General Schedule of the Classification Act of 1949, and a Deputy Director who shall be compensated at the rate prescribed for grade 16 of such General Schedule. The Director and the Deputy Director shall perform such duties as are delegated to them by the Commissioner. (Pub. L. 89-329, title V, § 512, Nov. 8, 1965, 79 Stat. 1255; Pub. L. 90-35, § 3(a) (3), (4), June 29, 1967, 81 Stat. 85.)
(a) Recruitment, enrollment, and training of members; assignment of teaching teams to local educational agencies; payments to such agencies for compensation of members assigned to them; technical assistance; disadvantaged area teaching opportunities and needs; voluntary services and transfers of property.
For the purpose of carrying out this subpart, the Commissioner is authorized to—
(1) enter into contracts or other arrangements with institutions of higher education or local educational agencies under which they will recruit, select, and enroll in the Teacher Corps for periods of up to two years, experienced teachers, persons who have a bachelor's degree or its equivalent, and persons who have successfully completed two years of a program for which credit is given toward a baccalaureate degree, and, for such periods as the Commissioner may prescribe by regulation, persons who volunteer to serve as part-time tutors or full-time instructional assistants.
(2) enter into arrangements, through grants or contracts, with institutions of higher education or local educational agencies (upon approval in either case by the appropriate State educational agency) or with State educational agencies to provide members of the Teachers Corps with such training as the Commissioner may deem appropriate to carry out the purpose of this subpart, including not more than three months of training for members before they undertake their teaching duties under this subpart;
(3) enter into arrangements (including the payment of the cost of such arrangements) with local educational agencies upon approval by the appropriate State educational agency and, after consultation in appropriate cases with institutions of higher education, to furnish to local educational agencies, for service during regular or summer sessions, or both, in the schools of
such agencies in areas having concentrations of children from low-income families, teaching teams, each of which shall consist of an experienced teacher and a number of teacher-interns who, in addition to teaching duties, shall be afforded time by the local educational agency for a teacher-intern training program carried out under the guidance of an experienced teacher in cooperation with an institution of higher education;
(4) pay to local educational agencies such part of the amount of the compensation which such agencies pay to or on behalf of members of the Teachers Corps assigned to them pursuant to arrangements made pursuant to the preceding clause as may be agreed upon after consideration of their ability to pay such compensation, but not in excess of 90 per centum thereof, except that, in exceptional cases, the Commissioner may provide more than 90 per centum of such compensation during the first year of any agency's participation in the program;
(5) enter into contracts or other arrangements with local educational agencies or institutions of higher education, upon approval by the appropriate State educational agency, under which provisions (including payment of the cost of such arrangements) will be made (A) to carry out programs serving disadvantaged areas in which volunteers (including high school and college students) serve as part-time tutors or full-time instructional assistants in teams with other Teacher Corps members, under the guidance of experienced teachers, but not in excess of 90 per centum of the cost of compensation for such tutors and instructional assistant may be paid from Federal funds, and (B) to provide appropriate training to prepare tutors and instructional assistants for service in such programs;
(6) enter into arrangements, through grants or contracts, with State and local educational agencies, and with institutions of higher education, and such other agencies or institutions approved by the Commissioner according to criteria which shall be established by him to carry out the purposes of this paragraph, under which provisions (including payment of the cost of such arrangements) will be made to furnish to such agencies members of the Teacher Corps to carry out projects designed to meet the special educational needs of juvenile delinquents, youth offenders, and adult criminal offenders, and persons who have been determined by a State or local educational agency, court of law, law enforcement agency, or any other State or local public agency to be predelinquent juveniles, but not in excess of 90 per centum of the cost of compensation for Teacher Corps members serving in such projects may be paid from Federal funds;
(7) make available technical assistance to local educational agencies and institutions of higher education for carrying out arrangements entered into under clause (1);
(8) acquaint qualified persons of teaching opportunities and needs in disadvantaged areas and encourage qualified persons to apply to appropriate educational agencies or institutions for enrollment in the Teacher Corps; and
(9) accept and employ in the furtherance of the purposes of this subpart (A) voluntary and uncompensated services notwithstanding the provisions of section 665(b) of Title 31 and (B) any money or property (real, personal, or mixed, tangible or intangible) received by gift, devise, bequest, or otherwise.
(b) Arrangements for training to provide for training leading to an appropriate degree.
Arrangements with institutions of higher education to provide training for teacher-interns while teaching in schools for local educational agencies under the provisions of this subpart shall provide, whenever possible, for training leading to an appropriate degree.
(c) Allocation and reallocation of teachers among States.
(1) Whenever the Commissioner determines that the demand for the services of members of the Teacher Corps exceeds the number available, he shall, to the extent practicable, allocate the number of members of the Teacher Corps who are available among the States in accordance with paragraph (2).
(2) Not to exceed 3 per centum of the number of members of the Teacher Corps who are available shall be allocated to Puerto Rico and the Virgin Islands and not to exceed 5 per centum of such members shall be allocated to the elementary and secondary schools operated for Indian children by the Department of the Interior, according to their respective needs. The remainder of such number of Teacher Corps members shall be allocated among the States so that the number of members available to any State shall bear the same ratio to the number being allocated as the number of children enrolled in the public and private elementary and secondary schools of that State bears to the total number of children so enrolled in such schools in all of the States. The number of children so enrolled shall be determined by the Commissioner on the basis of the most recent satisfactory data available to him. For purposes of this subsection, the term "State" shall not include Puerto Rico or the Virgin Islands.
(3) If the Commissioner determines that a State will not require the number of Teacher Corps members allocated to it under paragraph (2), he shall, from time to time, reallot the number not required, on such dates as he may fix, to other States in proportion to the original allocation to such States under paragraph (2), but with such proportionate number for any of such other States being reduced to the extent it exceeds the number the Commissioner determines such State needs and will be able to use for such year; and the total of such reductions shall be similarly reallocated among the States whose proportionate numbers were not so reduced.
(d) Utilization of members assigned to local educational agencies.
A local educational agency may utilize members of the Teacher Corps assigned to it in providing, in the manner described in section 241e(a)(2) of this title, educational services in which children enrolled in private elementary and secondary schools can participate. (Pub. L. 89-329, title V, § 513, Nov. 8, 1965, 79 Stat. 1256; Pub. L. 90-35, § 3(a)(3), (c)—(f), June 29, 1967, 81 Stat. 85, 86; Pub. L. 91-230, title VIII, §§ 803, 804(c), (d), 805(b), Apr. 13, 1970, 84 Stat. 190, 191.)
An arrangement made with a local educational agency pursuant to paragraph (3) of section 1103(a) of this title or an arrangement with a local educational agency or institution of higher education pursuant to paragraph (5) of section 1103(a) of this title, or an arrangement with any agency pursuant to paragraph (6) of section 1103(a) of this
title, shall provide for compensation by such agency of Teacher Corps members during the period of their assignment to it at the following rates:
(1) an experienced teacher who is leading a teaching team shall be compensated at a rate agreed to by such agency and the Commissioner;
(2) a teacher-intern shall be compensated at a rate which does not exceed the lowest rate paid by such agency for teaching full time in the school system and grade to which the intern is assigned, or $90 per week plus $15 per week for each dependent, whichever is less; and
(3) tutors and instructional assistants shall be compensated at such rates as the Commissioner may determine to be consistent with prevailing practices under comparable federally supported work-study programs.
(b) Stipends during training period.
For any period of training under this subpart the Commissioner shall pay to members of the Teacher Corps such stipends (including allowances for subsistence and other expenses for such members and their dependents) as he may determine to be consistent with prevailing practices under comparable federally supported training programs.
(c) Travel expenses.
The Commissioner shall pay the necessary travel expenses of members of the Teacher Corps and their dependents and necessary expenses for the transportation of the household goods and personal effects of such members and their dependents, and such other necessary expenses of members as are directly related to their service in the Corps, including readjustment allowances proportionate to service.
(d) Protection of employee benefits.
The Commissioner is authorized to make such arrangements as may be possible, including the payment of any costs incident thereto, to protect the tenure, retirement rights, participation in a medical insurance program, and such other similar employee benefits as the Commissioner deems appropriate, of a member of the Teacher Corps who participates in any program under this subpart and who indicates his intention to return to the local educational agency or institution of higher education by which he was employed immediately prior to his service under this subpart.
(e) Medical insurance coverage.
The Commissioner is authorized to provide medical (including hospitalization) insurance for members of the Teachers Corps who do not otherwise obtain such insurance coverage either under an arrangement made pursuant to subsection (d) of this section or as an incident of an arrangement between the Commissioner and an institution or a State or local educational agency pursuant to section 1103 of this title. (Pub. L. 89-329, title V, § 514, Nov. 8, 1965, 79 Stat. 1257; Pub. L. 90-35, § 3 (a)(3), (g)(1), June 29, 1967, 81 Stat. 85, 86; Pub. L. 90-575, title II, § 232, Oct. 16, 1968, 82 Stat. 1039; Pub. L. 91-230, title VIII, §§ 804(e), 805(c), Apr. 13, 1970, 84 Stat. 191, 192.)
(a) Inapplicability of provisions of laws relating to Federal employment.
Except as otherwise specifically provided in this section. a member of the Teacher Corps shall be deemed not to be a Federal employee and shall not be subject to the provisions of laws relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.
(b) Repealed. Pub. L. 90-83, § 10(b), Sept. 11, 1967, 81 Stat. 223.
(c) Applicability of Federal Tort Claims Act.
Such members shall be deemed to be employees of the Government for the purposes of the Federal tort claims provisions of Title 28.
(d) Inapplicability of National Defense Education Act of 1958 and educational opportunity grant provisions.
Members of the Teacher Corps shall not be eligible to receive payment of a student loan under title II of the National Defense Education Act of 1958 or of an educational opportunity grant under subchapter IV of this chapter. (Pub. L. 89-329, title V, § 515, Nov. 8, 1965, 79 Stat. 1257; Pub. L. 90-35, § 3(h), June 29, 1967, 81 Stat. 87; Pub. L. 90-83, § 10(b), Sept. 11, 1967, 81 Stat. 223.)
Members of the Teacher Corps shall be under the direct supervision of the appropriate officials of the local educational agencies to which they are assigned. Except as otherwise provided in clause (3) of section 1103(a) of this title, such agencies shall retain the authority to—
(1) assign such members within their systems;
(2) make transfers within their systems;
(3) determine the subject matter to be taught;
(4) determine the terms and continuance of the assignment of such members within their systems.
(Pub. L. 89-329, title V, § 516, Nov. 8, 1965, 79 Stat. 1258.)
No member of the Teacher Corps shall be furnished to any local educational agency under the provisions of this subpart if such agency will use such member to replace any teacher who is or would otherwise be employed by such agency. (Pub. L. 89-329, title V, § 517, Nov. 8, 1965, 79 Stat. 1258; Pub. L. 90-35, § 3(a)(3), June 29, 1967, 81 Stat. 85.)
For purposes of this part the term "local educational agency" includes any State educational agency or other public or private nonprofit agency which provides a program or project designed to meet the special educational needs of migratory children of migratory agricultural workers, and any reference in this part to (1) teaching in the schools of a local educational agency includes teaching in any such program or project and (2) "migratory children of migratory agricultural workers" shall be deemed to continue to refer to such children for a period, not in excess of five years, during which they reside in the area served by the local educational agency. (Pub. L. 89-329, title V, § 517A, as added Pub. L. 90-35, § 3(i), June 29, 1967, 81 Stat. 87.)