558
PUBLIC LAW 85-620-AUG. 12, 1958
[72 S T A T.
missioner, after consultation with the State and local educational agencies, on the basis of such information as may be contained in the application of such local educational agency and such other information as he may obtain. "(7) Estimates of membership, and all other determinations with respect to eligibility and maximum amount of payment, shall be made as of the time of the approval of the application for which made, and shall be made on the basis of the best information available at the time of such approval. " (8) The terms 'construct', 'constructing', and 'construction' include the preparation of drawings and specifications for school facilities; erecting, building, acquiring, altering, remodeling, improving, or extending school facilities; and the inspection and supervision of the construction of school facilities. "(9) The term 'school facilities' includes classrooms and related facilities; and initial equipment, machinery, and utilities necessary or appropriate for school purposes. Such term does not include athletic stadiums, or structures or facilities intended primarily for athletic exhibitions, contests, or games or other events lor which admission is to be charged to the general public. Except as used in sections 9 and 10, such term does not include interests in land and off-site improvements. "(10) Whether or not school facilities are minimum school facilities shall be determined by the Commissioner, after consultation with the State and local educational agencies, in accordance with regulations IDrescribed by him. "(11) The term 'local edvicational agency' means a board of education or other legally constituted local school authority having administrative control and direction of free public education in a county, township, independent, or other school district located within a State. Such term includes any State agency which directly operates and maintains facilities for providing free public education or which has responsibility for the provision of such facilities. "(12) The term 'State educational agency' means the officer or agency primarily responsible for the State supervision of public elementary and secondary schools. "(13) The term 'State' means a State, Alaska, Hawaii, Puerto K-ico, Guam, the Virgin Islands, or Wake Island. "(14) The terms 'Commissioner of Education' and 'Commissioner' mean the United States Commissioner of Education. "(15) The term 'base year' means the regular school year preceding the fiscal year in which an application was filed under this Act or the regular school year preceding such school year, as may be designated in the application, except that in the case of an application based on children referred to in paragraph (2) or (3) of section 5(a), the base year shall in no event be later than the regular school year 19581959; and "(16) The term 'increase period' means the period of two consecutive regular school years immediately following such base year." Effective date. SEC. 102. The amendment made by section 101 shall be effective for the period beginning July 1, 1958, except that such amendment shall not apply in the determination of payments on applications based on the increase period ending with the regular school year 1958-1959, or any prior regular school year.
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