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20 U.S.C. § 102Application of appropriations

submitted 147 years ago by ch. 186 to r/title-20-EDUCATION · 1,080 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section tells the Secretary of Education how to pay a federal grant to the American Printing House for the Blind. The money must be split among schools for blind students based on how many blind students each one has. It also covers building limits, no-profit sales, withholding funds for misuse, a treasurer's bond, and who serves as trustees.

This section is not split by letters but by six numbered rules, labeled First through Sixth. (1) Purposes and methods of expenditures (First). (A) The Secretary of Education pays this money twice a year to the trustees of the American Printing House for the Blind, in Louisville, Kentucky (chartered in 1858), when the group's president asks and the treasurer co-signs. The trustees must spend the money each year making and supplying books and other materials made for teaching blind students. Every public and private nonprofit school for the blind — anywhere in the states, territories, U.S. possessions, Puerto Rico, or D.C. — that teaches blind students gets a share of these materials. Each school's share is based on the ratio of its blind students to the total number of blind students at all such schools. Each state's chief school officer also gets a share, based on the same kind of ratio, covering blind students taught in other schools within that state. Officials must recalculate this ratio every year, on the first Monday in January, using numbers the trustees require. For this rule and section 101 and 104, a "school for the blind" means a school that teaches only blind students, or blind students plus other students with disabilities in separate blind classes. A state's "chief school officer" is the head of that state's public schools, or someone the governor names if there is no such head. A "blind pupil" is a blind person studying below the college level. (B) Whatever share of the materials a state's chief school officer gets that is meant for private nonprofit schools in that state must be divided among those schools based on how many blind students each one has, compared to the state's total. (C) These books and materials, along with control over how they're used, must belong to a public agency. In any state, territory, or D.C., these materials can only be used in a public elementary or secondary school if a proper state or local education authority has approved them for use there, or if they are actually being used there. (2) Buildings (Second). None of this money can go toward building or renting buildings. But the trustees may spend a reasonable amount each year on salaries and other costs for experts and staff who help any special committees set up to do this work, and on those committees' expenses. (3) Sales of books and apparatus at cost (Third). The trustees cannot make any profit on the books or equipment they make or supply for teaching the blind. They can only charge the actual cost of each item. (4) Income withheld when not properly used (Fourth). The Secretary of the Treasury can withhold this money if given solid proof that the trustees are not using it to benefit blind students at public and private nonprofit schools in the United States. (5) Bond of treasurer (Fifth). Before the Treasury pays any money to the group's treasurer, that treasurer must post a $20,000 bond, backed by two approved guarantors, promising to spend the money according to this law. The Treasury holds the bond, and it must be renewed every two years. (6) Ex officio trustees (Sixth). The head of each public school for the blind (or that head's designee), and each state's chief school officer (or their designee), in every state, U.S. possession, Puerto Rico, and D.C., automatically becomes a member of the Board of Trustees of the American Printing House for the Blind — but only for the purpose of carrying out this section and sections 101 and 104.
the actual law source: uscode.house.gov ↗public domain

The Secretary of Education is authorized to pay over semiannually, to the trustees of the American Printing House for the Blind, located in Louisville, Kentucky, and chartered in 1858 by the Legislature of Kentucky, upon requisition of their president, countersigned by their treasurer, one-half of such annual appropriation upon the following conditions:

(1) Purposes and methods of expenditures

First. (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 nonprofit 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 nonprofit 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 nonprofit 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 nonprofit 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 nonprofit 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 purposes of such sentences the number of blind pupils in public and private nonprofit 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 sections 101, 102, and 104 of this title, 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 nonprofit 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 such institution as compared to the total number of such pupils in all of the private nonprofit institutions in which blind pupils are educated in such State.

(C)

All books and other materials furnished pursuant to sections 101, 102, and 104 of this title, and control and administration of their use, shall vest only in a public agency. Such books and materials made available pursuant to sections 101, 102 and 104 of this title 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 those 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.

(2) Buildings

Second. No part of the appropriation shall be expended in the erection or leasing of buildings; but the trustees of the American Printing House for the Blind may use each year a reasonable sum of the annual appropriation for salaries and other expenses of experts and other staff to assist special committees which may be appointed in performance of their functions, and for expenses of such special committees.

(3) Sales of books and apparatus at cost

Third. No profit shall be put on any books or tangible apparatus for the instruction of the blind manufactured or furnished by the trustees of said American Printing House for the Blind, located in Louisville, Kentucky; and the price put upon each article so manufactured or furnished shall only be its actual cost.

(4) Income withheld when not properly used

Fourth. The Secretary of the Treasury of the United States shall have the authority to withhold the appropriation whenever he shall receive satisfactory proof that the trustees of said American Printing House for the Blind, located in Louisville, Kentucky, are not using the appropriation for the benefit of the blind in the public and private nonprofit institutions for the education of the blind in the United States.

(5) Bond of treasurer

Fifth. Before any money be paid to the treasurer of the American Printing House for the Blind by the Secretary of the Treasury of the United States, the treasurer of the American Printing House for the Blind shall execute a bond, with two approved sureties, to the amount of $20,000, conditioned that the money so received shall be expended according to this law and all amendments thereto, which shall be held by the Secretary of the Treasury of the United States, and shall be renewed every two years.

(6) Ex officio trustees

Sixth. The superintendent of each public institution for the education of the blind (or his designee) and the chief State school officer (or his designee), of each State and possession of the United States, the Commonwealth of Puerto Rico, and the District of Columbia, shall each, ex officio, be a member of the Board of Trustees of the American Printing House for the Blind only for purposes of administering sections 101, 102 and 104 of this title.

Source credit: (Mar. 3, 1879, ch. 186, § 3, 20 Stat. 468; June 25, 1906, ch. 3536, 34 Stat. 460; Aug. 2, 1956, ch. 882, § 1, 70 Stat. 938; Pub. L. 87–294, §§ 1–3, Sept. 22, 1961, 75 Stat. 627; Pub. L. 91–230, title VIII, § 811(a), (b), Apr. 13, 1970, 84 Stat. 194, 195; Pub. L. 96–88, title III, § 301(a)(2)(M), title V, § 507, Oct. 17, 1979, 93 Stat. 678, 692.)

history & why it existsrecord from the source credit
  • 1879Enacted · Act of Mar. 3, 1879, ch. 186 · 20 Stat. 468
  • 1906Amended · Act of June 25, 1906, ch. 3536 · 34 Stat. 460
  • 1956Amended · Act of Aug. 2, 1956, ch. 882 · 70 Stat. 938
  • 1961Amended · Pub. L. 87-294 · 75 Stat. 627
  • 1970Amended · Pub. L. 91-230 · 84 Stat. 194, 195
  • 1979Amended · Pub. L. 96-88 · 93 Stat. 678, 692

A history note hasn’t been published yet. The record shows enactment by ch. 186 on 1879-03-03.

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