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Eight states filed papers in U.S. District Court for the District of Columbia last week, asking that the Education Department be allowed to distribute next year's Title I payments to states on the basis of 1970 census figures.

The eight states--Alabama, Maine, Colorado, Montana, North Carolina, South Carolina, and Kentucky--intervened in Ambach v. Bell, a suit filed late last month by 10 states seeking to force the use of 1980 census data in allocating $2.4 billion in Title I funds for the education of disadvantaged children.

The intervening states, according to their lawyer, Robert Silverstein, will lose money if the newer data are used.

The original plaintiffs, on the other hand, claimed in the suit that if the 1970 data are used, they stand to lose millions of dollars in federal aid, since the number of poor children in their states has increased dramatically over the past decade. The plaintiffs are California, Connecticut, Idaho, Illinois, Massachusetts, Nevada, New Jersey, New York, Pennsylvania, and Utah.

At a recent press conference, Secretary of Education Terrel H. Bell explained that the Education Department decided to use the older data because the more recent figures would not be available in time for the July 1 Title I payments.

In response to a request from several Senators and Congressmen, the Education Department will provide a minimum of 100 days for educators and parents to comment on proposed regulations governing the education of the handicapped.

The proposed regulations, for programs funded under the Education for All Handicapped Children Act, P.L. 94-142, are expected to be published in the Federal Register later this month.

Members of Congress had written letters to Secretary of Education Terrel H. Bell, expressing concern that the traditional 60-day comment period--which would occur during schools' summer vacation--would not permit educators sufficient time to comment on the regulations.

A spokesman for the department said that if the regulations are published on schedule, the comment period will end on Oct. 1.


Ten states have filed suit in U.S. District Court for the District of Columbia in order to prevent the Education Department from making next year's Title I payments to states on the basis of 12-year-old census data.

The lawsuit, which was initiated on May 27 by California, Connecticut, Idaho, Illinois, Massachusetts, Nevada, New Jersey, New York, Pennsylvania, and Utah, seeks to force Secretary of Education Terrel H. Bell to use poverty data collected during the 1980 census, rather than the 1970 figures, in order to distribute approximately $2.4 billion for the education of disadvantaged children.

If the 1970 data are used, the 10 states claim, they stand to lose millions of dollars in federal aid, since the number of poor children in their states has increased dramatically over the past decade.

At a recent press conference, Mr. Bell explained that the Education Department decided to use the older 1970 census data because the more recent data would not be available in time for the July 1 Title I payments to states.

Mr. Bell admitted during his briefing with reporters that the department probably would have been sued no matter which set of census data it used, since some states would lose either way.


The Reagan Administration has nominated 10 people to the National Council on Educational Research, a panel that oversees the activities of the National Institute of Education.

The new members, whose nominations must be confirmed by the Senate, will replace members whose terms on the 15-member panel are expiring.

George C. Roche 3d, president of Hillsdale College in Michigan, was designated chairman of the council. Other nominees are: Donald R. Barr, headmaster of the Hackley School in Tarrytown, N.Y.; M. Blouke Carus, president of Carus Corp. in Illinois; J. Floyd Hall, superintendent of schools in Greenville County, S.C.; Donna H. Hearne, an insurance broker in St. Louis; Howard L. Hurwitz, presi-dent of School Management Co. in Jamaica, N.Y.; Onalee McGraw, a parents' rights activist and an education consultant to the Heritage Foundation, a policy research organization in Washington, D.C.; Penny Pullen of Park Ridge, Ill., a member of the American Legislative Exchange Council, an information-exchange consortium of activists in state-level politics; Carl W. Salser, executive director of Educational Research Associates and National Book Co. in Portland, Ore.; and Elaine Schadler, district supervisor of the National Assessment of Educational Progress Project in Bryn Mawr, Pa.


A federal district judge in Washington has issued an injunction preventing the U.S. Department of the Interior's Bureau of Indian Affairs (bia) from closing down the nation's only federally supported postsecondary school specializing in vocational education for American Indians.

U.S. District Judge Thomas Flannery's May 27 ruling prevents the bia from taking further steps to close the Southwest Indian Polytechnic Institute in Albuquerque until he issues a final ruling on a lawsuit filed by the school's board of regents against Secretary of the Interior James G. Watt.

The injunction prevents the bia from withdrawing the institute's $2.5-million appropriation for the fiscal year 1982 and also requires that the school's 103 employees be notified that their positions are secure through the end of the current fiscal year.

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