[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1804 Public Print (PP)]
103d CONGRESS
2d Session
H. R. 1804
_______________________________________________________________________
AMENDMENT
February 23 (legislative day, February 22), 1994
Ordered to be printed as passed
February 23 (legislative day, February 22), 1994
Ordered to be printed as passed
In the Senate of the United States,
February 8 (legislative day, January 25), 1994.
Resolved, That the bill from the House of Representatives (H.R.
1804) entitled ``An Act to improve learning and teaching by providing a
national framework for education reform; to promote the research,
consensus building, and systemic changes needed to ensure equitable
educational opportunities and high levels of educational achievement
for all American students; to provide a framework for reauthorization
of all Federal education programs; to promote the development and
adoption of a voluntary national system of skill standards and
certifications; and for other purposes'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--Titles I through IV of this Act may be cited as
the ``Goals 2000: Educate America Act''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
TITLE I--NATIONAL EDUCATION GOALS
Sec. 101. Purpose.
Sec. 102. National education goals.
TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
Part A--National Education Goals Panel
Sec. 201. Purpose.
Sec. 202. National education goals panel.
Sec. 203. Duties.
Sec. 204. Powers of the goals panel.
Sec. 205. Administrative provisions.
Sec. 206. Director and staff; experts and consultants.
Sec. 207. Early childhood assessment.
Part B--National Education Standards and Improvement Council
Sec. 211. Purpose.
Sec. 212. National Education Standards and Improvement Council.
Sec. 213. Duties.
Sec. 214. Annual reports.
Sec. 215. Powers of the council.
Sec. 216. Administrative provisions.
Sec. 217. Director and staff; experts and consultants.
Sec. 218. Opportunity-to-learn development grants.
Part C--Leadership in Educational Technology
Sec. 221. Purposes.
Sec. 222. Federal leadership.
Sec. 223. Office of Educational Technology.
Sec. 224. Uses of funds.
Sec. 225. Non-Federal share.
Sec. 226. Office of Training Technology Transfer.
Part D--Authorization of Appropriations
Sec. 231. Authorization of appropriations.
TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
Sec. 301. Findings.
Sec. 302. Purpose.
Sec. 303. Authorization of appropriations.
Sec. 304. Allotment of funds.
Sec. 305. State applications.
Sec. 306. State improvement plans.
Sec. 307. Secretary's review of applications; payments.
Sec. 308. State use of funds.
Sec. 309. Subgrants for local reform and professional development.
Sec. 310. Availability of information and training.
Sec. 311. Waivers of statutory and regulatory requirements.
Sec. 312. Progress reports.
Sec. 313. National leadership.
Sec. 314. Assistance to the outlying areas and to the Secretary of the
Interior.
Sec. 315. Clarification regarding State standards and assessments.
Sec. 316. State planning for improving student achievement through
integration of technology into the
curriculum.
TITLE IV--MISCELLANEOUS
Sec. 401. Public schools.
Sec. 402. Construction.
Sec. 403. Khalid Abdul Mohammed.
Sec. 404. Prohibition on Federal mandates, direction, and control.
Sec. 405. School prayer.
Sec. 406. Daily silence for students.
Sec. 407. Funding for the Individuals With Disabilities Education Act.
Sec. 408. National Board for Professional Teaching Standards.
Sec. 409. Forgiveness of certain overpayments.
Sec. 410. Study of Goals 2000 and students with disabilities.
Sec. 411. Mentoring, peer counseling and peer tutoring.
Sec. 412. Content and performance standards.
Sec. 413. State-sponsored higher education trust fund savings plan.
Sec. 414. Amendments to sumer youth employment and training program.
Sec. 415. State and local government control of education.
Sec. 416. Protection of pupils.
Sec. 417. Contraceptive devices.
Sec. 418. Educational agencies not denied funds for adopting
constitutional policy relative to prayer in
schools.
TITLE V--NATIONAL SKILL STANDARDS BOARD
Sec. 501. Short title.
Sec. 502. Purpose.
Sec. 503. Establishment of National Board.
Sec. 504. Functions of the National Board.
Sec. 505. Deadlines.
Sec. 506. Reports.
Sec. 507. Authorization of appropriations.
Sec. 508. Definitions.
Sec. 509. Sunset provision.
TITLE VI--SAFE SCHOOLS
Part A--Safe Schools Program
Sec. 601. Short title; statement of purpose.
Sec. 602. Safe schools program authorized.
Sec. 603. Eligible applicants.
Sec. 604. Applications and plans.
Sec. 605. Use of funds.
Sec. 606. National leadership.
Sec. 607. National cooperative education statistics system.
Sec. 608. Coordiation of Federal assistance.
Sec. 609. Effective date.
Part B--State Leadership Activities To Promote Safe Schools
Sec. 621. State leasership activities to promote safe schools program.
TITLE VII--MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP
Sec. 701. Short title.
Sec. 702. Grants for midnight basketball league training and
partnership programs.
Sec. 703. Public housing midnight basketball league programs.
TITLE VIII--YOUTH VIOLENCE IN SCHOOLS AND COMMUNITIES
Sec. 801. Purpose.
Sec. 802. Findings.
Sec. 803. Provisions.
TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT
Sec. 901. Short title.
Part A--Office of Educational Research and Improvement
Sec. 911. Repeal.
Sec. 912. Office of Educational Research and Improvement.
Sec. 913. Savings provisions.
Sec. 914. Field readers.
Part B--Educational Improvement Programs
subpart 1--international education program
Sesubpart 2--amendments to the carl d. perkins vocational and applied
technology education act
Sec.subpart 3--elementary mathematics and science equipment program
Sec. 941. Short title.
Sec. 942. Statement of purpose.
Sec. 943. Program authorized.
Sec. 944. Allotments of funds.
Sec. 945. State application.
Sec. 946. Local application.
Sec. 947. Participation of private schools.
Sec. 948. Program requirements.
Sec. 949. Federal administration.
Sec. 950. Authorizatiosubpart 4--media instruction
Sec. 951. Media instructsubpart 5--star schools
Sec. 96subpart 6--office of comprehensive school health education
Sec. 971. Offisubpart 7--minority-focused civics education
Sec. 981. Short title.
Sec. 982. Purposes.
Sec. 983. Grants authorized; authorization of appropriations.
Sec. 984. Definitions.
Sec. 985. Applications.
Part C--Definitions
Sec. 991. Definitions.
TITLE X--PARENTS AS TEACHERS
Sec. 1001. Findings.
Sec. 1002. Statement of purpose.
Sec. 1003. Definitions.
Sec. 1004. Program established.
Sec. 1005. Program requirements.
Sec. 1006. Special rules.
Sec. 1007. Parents As Teachers Centers.
Sec. 1008. Evaluations.
Sec. 1009. Application.
Sec. 1010. Payments and Federal share.
Sec. 1011. Authorization of appropriations.
Sec. 1012. Home instruction program for preschool youngsters.
TITLE XI--GUN-FREE SCHOOLS
Sec. 1101. Short title.
Sec. 1102. Gun-free requirements in elementary and secondary schools.
TITLE XII--ENVIRONMENTAL TOBACCO SMOKE
Sec. 1201. Short title.
Sec. 1202. Findings.
Sec. 1203. Definitions.
Sec. 1204. Nonsmoking policy for children's services.
Sec. 1205. Technical assistance.
Sec. 1206. Federally funded programs.
Sec. 1207. Report by the Administrator.
Sec. 1208. Preemption.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide a framework for meeting
the National Education Goals described in title I of this Act by--
(1) promoting coherent, nationwide, systemic education
reform;
(2) improving the quality of teaching and learning in the
classroom;
(3) defining appropriate and coherent Federal, State, and
local roles and responsibilities for education reform;
(4) establishing valid, reliable, and fair mechanisms for--
(A) building a broad national consensus on United
States education reform;
(B) assisting in the development and certification
of high-quality, internationally competitive content
and student performance standards;
(C) assisting in the development and certification
of opportunity-to-learn standards; and
(D) assisting in the development and certification
of high-quality assessment measures that reflect the
internationally competitive content and student
performance standards;
(5) supporting new initiatives at the Federal, State,
local, and school levels to provide equal educational
opportunity for all students to meet high standards; and
(6) providing a framework for the reauthorization of all
Federal education programs by--
(A) creating a vision of excellence and equity that
will guide all Federal education and related programs;
(B) providing for the establishment of high-
quality, internationally competitive content and
student performance standards that all students,
including disadvantaged students, students with diverse
racial, ethnic, and cultural backgrounds, students with
disabilities, students with limited-English
proficiency, and academically talented students, will
be expected to achieve;
(C) providing for the establishment of high
quality, internationally competitive opportunity-to-
learn standards that all States, local educational
agencies, and schools should achieve;
(D) encouraging and enabling all State educational
agencies and local educational agencies to develop
comprehensive improvement plans that will provide a
coherent framework for the implementation of
reauthorized Federal education and related programs in
an integrated fashion that effectively educates all
children;
(E) providing resources to help individual schools,
including schools serving students with high needs,
develop and implement comprehensive improvement plans;
and
(F) promoting the use of technology to enable all
students to achieve the National Education Goals.
SEC. 3. DEFINITIONS.
As used in this Act (other than in titles V and IX)--
(1) the term ``all children'' means children from all
backgrounds and circumstances, including disadvantaged
children, children with diverse racial, ethnic, and cultural
backgrounds, children with disabilities, children with limited-
English proficiency, children who have dropped out of school,
and academically talented children;
(2) the term ``all students'' means students from a broad
range of backgrounds and circumstances, including disadvantaged
students, students with diverse racial, ethnic, and cultural
backgrounds, students with disabilities, students with limited-
English proficiency, students who have dropped out of school,
and academically talented students;
(3) the term ``assessment'' means the overall process and
instrument used to measure student attainment of content
standards, except that such term need not include the discrete
items that comprise each assessment;
(4) the term ``content standards'' means broad descriptions
of the knowledge and skills students should acquire in a
particular subject area;
(5) the term ``Governor'' means the chief executive of the
State;
(6) the term ``intergenerational mentoring program'' means
a program that--
(A) matches adult mentors, with a particular
emphasis on older mentors, with elementary and
secondary school age children for the purposes of
sharing experience and skills;
(B) is operated by a nonprofit organization or
governmental agency;
(C) provides opportunities for older individuals to
be involved in the design and operation of the program;
and
(D) has established, written mechanisms for
screening mentors, orienting mentors and proteges,
matching mentors and proteges, and monitoring mentoring
relationships;
(7) the terms ``interoperable'' and ``interoperability''
refers to the ability to easily exchange data with, and connect
to, other hardware and software in order to provide the
greatest accessibility for all students;
(8) the term ``local educational agency'' has the meaning
given such term in section 1471(12) of the Elementary and
Secondary Education Act of 1965, except that such term may
include a public school council if such council is mandated by
State law;
(9) the term ``opportunity-to-learn standards'' means the
conditions of teaching and learning necessary for all students
to have a fair opportunity to learn, including ways of
measuring the extent to which such standards are being met;
(10) the term ``outlying areas'' means Guam, American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, Palau (until the effective date of the Compact
of Free Association with the Government of Palau), and the
Freely Associated States;
(11) the term ``performance standards'' means concrete
examples and explicit definitions of what students have to know
and be able to do to demonstrate that such students are
proficient in the skills and knowledge framed by content
standards;
(12) the term ``public telecommunication entity'' has the
same meaning given to such term in section 397(12) of the
Communications Act of 1934;
(13) the term ``related services'' includes the types of
services described in section 602(17) of the Individuals with
Disabilities Education Act;
(14) the term ``school'' means a public school that is
under the authority of the State educational agency or a local
educational agency or, for the purpose of carrying out section
314(b), a school that is operated or funded by the Bureau of
Indian Affairs;
(15) the term ``Secretary'', unless otherwise specified,
means the Secretary of Education;
(16) the term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
(17) the term ``State educational agency'' has the same
meaning given such term in section 1471(23) of the Elementary
and Secondary Education Act of 1965; and
(18) the term ``technology'' means the latest state-of-the-
art technology products and services, such as closed circuit
television systems, educational television or radio programs
and services, cable television, satellite, copper and fiber
optic transmission, computer, video and audio laser and CD-ROM
disks, and video and audio tapes, or other technologies.
TITLE I--NATIONAL EDUCATION GOALS
SEC. 101. PURPOSE.
It is the purpose of this title to establish National Education
Goals.
SEC. 102. NATIONAL EDUCATION GOALS.
The Congress declares the National Education Goals are as follows:
(1) School readiness.--
(A) Goal.--By the year 2000, all children in
America will start school ready to learn.
(B) Objectives.--The objectives for the goal
described in subparagraph (A) are that--
(i) all children, including disadvantaged
and disabled children, will have access to
high-quality and developmentally appropriate
preschool programs that help prepare children
for school;
(ii) every parent in the United States will
be a child's first teacher and devote time each
day to helping such parent's preschool child
learn, and parents will have access to the
training and support parents need; and
(iii) children will receive the nutrition,
physical activity experiences, and health care
needed to arrive at school with healthy minds
and bodies, and the number of low-birthweight
babies will be significantly reduced through
enhanced prenatal health systems.
(2) School completion.--
(A) Goal.--By the year 2000, the high school
graduation rate will increase to at least 90 percent.
(B) Objectives.--The objectives for the goal
described in subparagraph (A) are that--
(i) the Nation must dramatically reduce its
high school dropout rate, and 75 percent of
high school students who do drop out of school
will successfully complete a high school degree
or its equivalent; and
(ii) the gap in high school graduation
rates between United States students from
minority backgrounds and their nonminority
counterparts will be eliminated.
(3) Student achievement and citizenship.--
(A) Goal.--By the year 2000, United States students
will leave grades 4, 8, and 12 having demonstrated
competency over challenging subject matter including
English, mathematics, science, foreign languages,
civics and government, economics, arts, history, and
geography, and every school in the United States will
ensure that all students learn to use their minds well,
so students may be prepared for responsible
citizenship, further learning, and productive
employment in our Nation's modern economy.
(B) Objectives.--The objectives for the goal
described in subparagraph (A) are that--
(i) the academic performance of elementary
and secondary students will increase
significantly in every quartile, and the
distribution of minority students in each
quartile will more closely reflect the student
population as a whole;
(ii) the percentage of students who
demonstrate the ability to reason, solve
problems, apply knowledge, and write and
communicate effectively will increase
substantially;
(iii) all students will be involved in
activities that promote and demonstrate good
citizenship, good health, community service,
and personal responsibility;
(iv) all students will have access to
physical education and health education to
ensure all students are healthy and fit;
(v) the percentage of students who are
competent in more than one language will
substantially increase; and
(vi) all students will be knowledgeable
about the diverse heritage of our Nation and
about the world community.
(4) Mathematics and science.--
(A) Goal.--By the year 2000, United States students
will be first in the world in mathematics and science
achievement.
(B) Objectives.--The objectives for the goal
described in subparagraph (A) are that--
(i) mathematics and science education,
including the metric system of measurement,
will be strengthened throughout the educational
system, especially in the early grades;
(ii) the number of teachers with a
substantive background in mathematics and
science will increase by 50 percent from the
number of such teachers in 1992; and
(iii) the number of United States
undergraduate and graduate students, especially
women and minorities, who complete degrees in
mathematics, science, and engineering will
increase significantly.
(5) Adult literacy and lifelong learning.--
(A) Goal.--By the year 2000, every adult United
States citizen will be literate and will possess the
knowledge and skills necessary to compete in a global
economy and exercise the rights and responsibilities of
citizenship.
(B) Objectives.--The objectives for the goal
described in subparagraph (A) are that--
(i) every major United States business will
be involved in strengthening the connection
between education and work;
(ii) all workers will have the opportunity
to acquire the knowledge and skills, from basic
to highly technical, needed to adapt to
emerging new technologies, work methods, and
markets through public and private educational,
vocational, technical, workplace, or other
programs;
(iii) the number of quality programs,
including programs at libraries, that are
designed to serve more effectively the needs of
the growing number of part-time and mid-career
students, will increase substantially;
(iv) the proportion of qualified students,
especially minorities, who enter college, who
complete at least 2 years of college, and who
complete their degree programs, will increase
substantially; and
(v) the proportion of college graduates who
demonstrate an advanced ability to think
critically, communicate effectively, and solve
problems will increase substantially.
(6) Safe, disciplined, and alcohol- and drug- free
schools.--
(A) Goal.--By the year 2000, every school in the
United States will be free of drugs, firearms, alcohol,
and violence and will offer a disciplined environment
conducive to learning.
(B) Objectives.--The objectives for the goal
described in subparagraph (A) are that--
(i) every school will implement a firm and
fair policy on use, possession, and
distribution of drugs and alcohol;
(ii) parents, businesses, governmental and
community organizations will work together to
ensure that schools provide a healthy
environment and are a safe haven for all
children;
(iii) every school district will develop a
sequential, comprehensive kindergarten through
twelfth grade drug and alcohol prevention
education program;
(iv) drug and alcohol curriculum should be
taught as an integral part of sequential,
comprehensive health education;
(v) community-based teams should be
organized to provide students and teachers with
needed support; and
(vi) every school should work to eliminate
sexual harassment.
(7) Parental participation.--
(A) Goal.--By the year 2000, every school will
promote partnerships that will increase parental
involvement and participation in promoting the social,
emotional and academic growth of children.
(B) Objectives.--The objectives for the Goal
established under subparagraph (A) are that--
(i) every State will develop policies to
assist local schools and school districts to
establish programs for increasing partnerships
that respond to the varying needs of parents
and the home, including parents of children who
are disadvantaged or bilingual, or parents of
children with disabilities;
(ii) every school will actively engage
parents and families in a partnership which
supports the academic work of children at home
and shared educational decision-making at
school; and
(iii) parents and families will help to
ensure that schools are adequately supported
and will hold schools and teachers to high
standards of accountability.
(8) Teacher education and professional development.--
(A) Goal.--By the year 2000, the Nation's teaching
force will have access to programs for the continued
improvement of their professional skills and the
opportunity to acquire the knowledge and skills needed
to instruct and prepare all American students for the
next century.
(B) Objectives.--The objectives for the goal
established under subparagraph (A) are that--
(i) all teachers will have access to
preservice teacher education and continuing
professional development activities that will
provide such teachers with the knowledge and
skills needed to teach to an increasingly
diverse student population with a variety of
educational, social, and health needs;
(ii) all teachers will have continuing
opportunities to acquire additional knowledge
and skills needed to teach challenging subject
matter and to use emerging new methods, forms
of assessment, and technologies;
(iii) States and school districts will
create integrated strategies to attract,
recruit, prepare, retrain, and support the
continued professional development of teachers,
administrators, and other educators, so that
there is a highly talented work force of
professional educators to teach challenging
subject matter; and
(iv) partnerships will be established,
whenever possible, among local educational
agencies, institutions of higher education,
parents, and local labor, business, and
professional associations to provide and
support programs for the professional
development of educators.
TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
PART A--NATIONAL EDUCATION GOALS PANEL
SEC. 201. PURPOSE.
It is the purpose of this part to establish a bipartisan mechanism
for--
(1) building a national consensus for education
improvement;
(2) reporting on progress toward achieving the National
Education Goals;
(3) periodically reviewing the goals and objectives
described in title I and recommending adjustments to such goals
and objectives, as needed, in order to guarantee education
reform that continues to provide guidance for quality, world
class education for all students; and
(4) reviewing and approving the voluntary national content
standards, voluntary national student performance standards and
voluntary national opportunity-to-learn standards certified by
the National Education Standards and Improvement Council, as
well as the criteria for the certification of such standards,
and the criteria for the certification of State assessments or
systems of assessments certified by such Council.
SEC. 202. NATIONAL EDUCATION GOALS PANEL.
(a) Establishment.--There is established in the executive branch a
National Education Goals Panel (hereafter in this title referred to as
the ``Goals Panel'').
(b) Composition.--The Goals Panel shall be composed of 18 members
(hereafter in this part referred to as ``members''), including--
(1) two members appointed by the President;
(2) eight members who are Governors, 3 of whom shall be
from the same political party as the President and 5 of whom
shall be of the opposite political party of the President,
appointed by the Chairperson and Vice Chairperson of the
National Governors' Association, with the Chairperson and Vice
Chairperson each appointing representatives of such
Chairperson's or Vice Chairperson's respective political party,
in consultation with each other;
(3) four Members of the Congress, of whom--
(A) one member shall be appointed by the Majority
Leader of the Senate from among the Members of the
Senate;
(B) one member shall be appointed by the Minority
Leader of the Senate from among the Members of the
Senate;
(C) one member shall be appointed by the Majority
Leader of the House of Representatives from among the
Members of the House of Representatives; and
(D) one member shall be appointed by the Minority
Leader of the House of Representatives from among the
Members of the House of Representatives; and
(4) four members of State legislatures appointed by the
President of the National Conference of State Legislatures, of
whom 2 shall be of the same political party as the President of
the United States.
(c) Special Appointment Rules.--
(1) In general.--The members appointed pursuant to
subsection (b)(2) shall be appointed as follows:
(A) If the Chairperson of the National Governors'
Association is from the same political party as the
President, the Chairperson shall appoint 3 individuals
and the Vice Chairperson of such association shall
appoint 5 individuals.
(B) If the Chairperson of the National Governors'
Association is from the opposite political party as the
President, the Chairperson shall appoint 5 individuals
and the Vice Chairperson of such association shall
appoint 3 individuals.
(2) Special rule.--If the National Governors' Association
has appointed a panel that meets the requirements of
subsections (b) and (c), except for the requirements of
paragraph (4) of subsection (b), prior to the date of enactment
of this Act, then the members serving on such panel shall be
deemed to be in compliance with the provisions of such
subsections and shall not be required to be reappointed
pursuant to such subsections.
(d) Terms.--The terms of service of members shall be as follows:
(1) Presidential appointees.--Members appointed under
subsection (b)(1) shall serve at the pleasure of the President.
(2) Governors.--Members appointed under paragraph (2) of
subsection (b) shall serve a 2-year term, except that the
initial appointments under such paragraph shall be made to
ensure staggered terms with one-half of such members' terms
concluding every 2 years.
(3) Congressional appointees and state legislators.--
Members appointed under paragraphs (3) and (4) of subsection
(b) shall serve for 2-year terms.
(e) Date of Appointment.--The initial members shall be appointed
not later than 60 days after the date of enactment of this Act.
(f) Initiation.--The Goals Panel may begin to carry out its duties
under this part when 10 members of the Goals Panel have been appointed.
(g) Vacancies.--A vacancy on the Goals Panel shall not affect the
powers of the Goals Panel, but shall be filled in the same manner as
the original appointment.
(h) Travel.--Each member may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section 5703 of title
5, United States Code, for each day the member is engaged in the
performance of duties for the Goals Panel away from the home or regular
place of business of the member.
(i) Chairperson.--
(1) In general.--The members shall select a Chairperson
from among the members described in paragraph (2) of subsection
(b).
(2) Term and political affiliation.--The Chairperson of the
Goals Panel shall serve a 1-year term and shall alternate
between political parties.
SEC. 203. DUTIES.
(a) In General.--The Goals Panel shall--
(1) report on the progress the Nation and the States are
making toward achieving the National Education Goals described
in title I, including issuing an annual national report card;
(2) submit to the President nominations for appointment to
the National Education Standards and Improvement Council in
accordance with subsections (b) and (c) of section 212;
(3) review and approve (or explain why approval is
withheld) the--
(A) criteria developed by the National Education
Standards and Improvement Council for the certification
of content and student performance standards,
assessments or systems of assessments, and opportunity-
to-learn standards; and
(B) voluntary national content standards, voluntary
national student performance standards and voluntary
national opportunity-to-learn standards certified by
such Council;
(4) report on promising or effective actions being taken at
the national, State, and local levels, and in the public and
private sectors, to achieve the National Education Goals; and
(5) help build a nationwide, bipartisan consensus for the
reforms necessary to achieve the National Education Goals.
(b) National Report Card.--
(1) In general.--The Goals Panel shall annually prepare and
submit to the President, the Secretary, the appropriate
committees of the Congress, and the Governor of each State a
national report card that shall--
(A) report on the progress of the United States
toward achieving the National Education Goals; and
(B) identify actions that should be taken by
Federal, State, and local governments to enhance
progress toward achieving the National Education Goals.
(2) Form; data.--National report cards shall be presented
in a form, and include data, that is understandable to parents
and the general public.
SEC. 204. POWERS OF THE GOALS PANEL.
(a) Hearings.--
(1) In general.--The Goals Panel shall, for the purpose of
carrying out this part, conduct such hearings, sit and act at
such times and places, take such testimony, and receive such
evidence, as the Goals Panel considers appropriate.
(2) Representation.--In carrying out this part, the Goals
Panel shall conduct hearings to receive reports, views, and
analyses of a broad spectrum of experts and the public on the
establishment of voluntary national content, voluntary national
student performance standards, voluntary national opportunity-
to-learn standards, and State assessments or systems of
assessments described in section 213(e).
(b) Information.--The Goals Panel may secure directly from any
department or agency of the Federal Government information necessary to
enable the Goals Panel to carry out this part. Upon request of the
Chairperson of the Goals Panel, the head of any such department or
agency shall furnish such information to the Goals Panel to the extent
permitted by law.
(c) Postal Services.--The Goals Panel may use the United States
mail in the same manner and under the same conditions as departments
and agencies of the Federal Government.
(d) Gifts; Use of Facilities.--The Goals Panel may--
(1) accept, administer, and utilize gifts or donations of
services, money, or property, whether real or personal,
tangible or intangible; and
(2) use the research, equipment, services, and facilities
of any department, agency or instrumentality of the Federal
Government, or of any State or political subdivision thereof
with the consent of such department, agency, instrumentality,
State or subdivision, respectively.
(e) Administrative Arrangements and Support.--
(1) In general.--The Secretary shall provide to the Goals
Panel, on a reimbursable basis, such administrative support
services as the Goals Panel may request.
(2) Contracts and other arrangements.--The Secretary shall,
to the extent appropriate, and on a reimbursable basis, make
contracts and other arrangements that are requested by the
Goals Panel to help the Goals Panel compile and analyze data or
carry out other functions necessary to the performance of the
Goals Panel's responsibilities.
SEC. 205. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Goals Panel shall meet on a regular basis, as
necessary, at the call of the Chairperson of the Goals Panel or a
majority of the members of the Goals Panel.
(b) Quorum.--A majority of the members shall constitute a quorum
for the transaction of business.
(c) Voting and Final Decisions.--
(1) In general.--No individual may vote, or exercise any of
the duties or powers of a member of the Goals Panel, by proxy.
(2) Final decisions.--
(A) In making final decisions of the Goals Panel
with respect to the exercise of its duties and powers
the Goals Panel shall operate on the principle of
consensus among the members of the Goals Panel.
(B) If a vote of the membership of the Goals Panel
is required to reach a final decision with respect to
the exercise of its duties and powers, then such final
decision shall be made by a three-fourths vote of the
members of the Goals Panel who are present and voting.
(d) Public Access.--The Goals Panel shall ensure public access to
the proceedings of the Goals Panel (other than proceedings, or portions
of proceedings, relating to internal personnel and management matters)
and shall make available to the public, at reasonable cost, transcripts
of such proceedings.
SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Goals Panel, without regard
to the provisions of title 5, United States Code, relating to the
appointment and compensation of officers or employees of the United
States, shall appoint a Director to be paid at a rate not to exceed the
rate of basic pay payable for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--
(1) In general.--(A) The Director may appoint not more than
4 additional employees to serve as staff to the Goals Panel
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not be
paid a rate that exceeds the maximum rate of basic pay payable
for GS-15 of the General Schedule.
(2) Additional employees.--The Director may appoint
additional employees to serve as staff to the Goals Panel in
accordance with title 5, United States Code.
(c) Experts and Consultants.--The Goals Panel may procure temporary
and intermittent services of experts and consultants under section
3109(b) of title 5, United States Code.
(d) Staff of Federal Agencies.--Upon the request of the Goals
Panel, the head of any department or agency of the United States may
detail any of the personnel of such department to the Goals Panel to
assist the Goals Panel in carrying out its responsibilities under this
part.
SEC. 207. EARLY CHILDHOOD ASSESSMENT.
(a) In general.--The Goals Panel shall support the work of its
Resource and Technical Planning Groups on School Readiness (hereafter
in this subsection referred to as the ``Groups'') to improve the
methods of assessing the readiness of all children for school.
(b) Activities.--The Groups shall--
(1) develop a model of elements of school readiness that
address a broad range of early childhood developmental needs,
including the needs of children with disabilities;
(2) create clear guidelines regarding the nature,
functions, and uses of early childhood assessments, including
norm-referenced assessments and assessment formats that are
appropriate for use in culturally and linguistically diverse
communities, based on model elements of school readiness;
(3) monitor and evaluate early childhood assessments,
including the ability of existing assessments to provide valid
information on the readiness of children for school; and
(4) monitor and report on the long-term collection of data
on the status of young children to improve policy and practice,
including the need for new sources of data necessary to assess
the broad range of early childhood developmental needs.
(c) Advice.--The Groups shall advise and assist the Congress, the
Secretary, the Goals Panel, and others regarding how to improve the
assessment of young children and how such assessments can improve
services to children.
(d) Report.--The Goals Panel shall provide reports on the work of
the Groups to the Congress, the Secretary, and the public.
PART B--NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL
SEC. 211. PURPOSE.
It is the purpose of this part to establish a mechanism to--
(1) certify voluntary national content standards and
voluntary national student performance standards that define
what all students should know and be able to do;
(2) certify challenging State content standards and
challenging State student performance standards submitted by
States on a voluntary basis, if such standards are comparable
in rigor and quality to the voluntary national content
standards and voluntary national student performance standards
certified by the National Education Standards and Improvement
Council;
(3) certify voluntary national opportunity-to-learn
standards that describe the conditions of teaching and learning
necessary for all students to have a fair opportunity to
achieve the knowledge and skills described in the voluntary
national content standards and the voluntary national student
performance standards certified by the National Education
Standards and Improvement Council;
(4) certify comprehensive State opportunity-to-learn
standards submitted by States on a voluntary basis that--
(A) describe the conditions of teaching and
learning necessary for all students to have a fair
opportunity to learn; and
(B) address the elements described in section
213(c)(3); and
(5) certify assessments or systems of assessments submitted
by States or groups of States on a voluntary basis, if such
assessments or systems--
(A) are aligned with and support State content
standards certified by such Council; and
(B) are valid, reliable, and fair when used for
their intended purposes.
SEC. 212. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL.
(a) Establishment.--There is established in the executive branch a
National Education Standards and Improvement Council (hereafter in this
part referred to as the ``Council'').
(b) Composition.--The Council shall be composed of 19 members
(hereafter in this part referred to as ``members'') appointed by the
President from nominations submitted by the Goals Panel.
(c) Qualifications.--
(1) In general.--The members of the Council shall include--
(A) five professional educators appointed from
among elementary and secondary classroom teachers,
preschool educators, related services personnel, and
other school-based professionals, State or local
educational agency administrators, or other educators;
(B) four representatives of business and industry
or postsecondary educational institutions, including at
least 1 representative of business and industry who is
also a member of the National Skill Standards Board
established pursuant to title V;
(C) five representatives of the public, appointed
from among representatives of advocacy, civil rights,
and disability groups, parents, civic leaders, tribal
governments, or State or local education policymakers
(including members of State or local school boards);
and
(D) five education experts, appointed from among
experts in measurement and assessment, curriculum,
school finance and equity, or school reform.
(2) Nominations.--The Goals Panel shall submit to the
President at least 15 nominations for each of the 4 categories
of appointment described in subparagraphs (A) through (D) of
paragraph (1).
(3) Representation.--To the extent feasible, the membership
of the Council shall--
(A) be geographically representative of the United
States and reflect the diversity of the United States
with respect to race, ethnicity, gender and disability
characteristics; and
(B) include persons from each of the 4 categories
described in subparagraphs (A) through (D) of paragraph
(1) who have expertise in the education of subgroups of
students who are at risk of school failure.
(d) Terms.--
(1) In general.--Members shall be appointed for 3-year
terms, with no member serving more than 2 consecutive terms.
(2) Initial terms.--The President shall establish initial
terms for members of 1, 2, or 3 years in order to establish a
rotation in which one-third of the members are selected each
year.
(e) Date of Appointment.--The initial members shall be appointed
not later than 120 days after the date of enactment of this Act.
(f) Initiation.--The Council shall begin to carry out the duties of
the Council under this part when all 19 members have been appointed.
(g) Retention.--In order to retain an appointment to the Council, a
member shall attend at least two-thirds of the scheduled meetings, and
hearings when appropriate, of the Council in any given year.
(h) Vacancy.--A vacancy on the Council shall not affect the powers
of the Council, but shall be filled in the same manner as the original
appointment.
(i) Compensation.--Members who are not regular full-time employees
of the United States, while attending meetings or hearings of the
Council, may be provided compensation at a rate fixed by the Secretary,
but not exceeding the maximum rate of basic pay payable for GS-15 of
the General Schedule.
(j) Travel.--Each member of the Council may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for each day the member is
engaged in the performance of duties for the Council away from the home
or regular place of business of the member.
(k) Officers.--The members shall select officers of the Council
from among the members. The officers of the Council shall serve for 1-
year terms.
(l) Conflict of Interest.--No member, staff, expert, or consultant
assisting the Council shall be appointed to the Council--
(1) if such member, staff, expert, or consultant has a
fiduciary interest in an educational assessment; and
(2) unless such member, staff, expert, or consultant agrees
that such member, staff, expert, or consultant, respectively,
will not obtain such an interest for a period of 2 years from
the date of termination of such member's service on the
Council.
SEC. 213. DUTIES.
(a) Voluntary National Content Standards; Voluntary National
Student Performance Standards.--
(1) In general.--The Council, upon recommendation from a
working group on voluntary national content standards, shall--
(A) identify areas in which voluntary national
content standards need to be developed;
(B) certify voluntary national content standards
and voluntary national student performance standards
that define what all students should know and be able
to do; and
(C) forward such voluntary national content
standards and voluntary national student performance
standards to the Goals Panel for approval.
(2) Criteria.--(A) The Council, upon recommendation from a
working group on voluntary national content standards and
voluntary national student performance standards, shall--
(i) identify and develop criteria to be used for
certifying the voluntary national content standards and
voluntary national student performance standards; and
(ii) before applying such criteria, forward such
criteria to the Goals Panel for approval.
(B) The criteria developed by the Council shall address--
(i) the extent to which the proposed standards are
internationally competitive and comparable to the best
standards in the world;
(ii) the extent to which the proposed voluntary
national content standards and voluntary national
student performance standards reflect the best
available knowledge about how all students learn and
about how a content area can be most effectively
taught;
(iii) the extent to which the proposed voluntary
national content standards and voluntary national
student performance standards have been developed
through an open and public process that provides for
input and involvement of all relevant parties,
including teachers, related services personnel, and
other professional educators, employers and
postsecondary education institutions, curriculum and
subject matter specialists, parents, secondary school
students, and the public; and
(iv) other factors that the Council deems
appropriate.
(C) In developing the criteria, the Council shall work with
entities that are developing, or have already developed,
content standards, and any other entities that the Council
deems appropriate, to identify appropriate certification
criteria.
(b) Voluntary State Content Standards; Voluntary State Student
Performance Standards.--The Council may certify challenging State
content standards and challenging State student performance standards
presented on a voluntary basis by a State or group of States, if such
standards are comparable in rigor and quality to the voluntary national
content standards and voluntary national student performance standards
certified by the Council.
(c) Voluntary National Opportunity-To-Learn Standards.--
(1) In general.--The Council, upon recommendation from a
working group on voluntary national opportunity-to-learn
standards, shall certify exemplary, voluntary national
opportunity-to-learn standards that will establish a basis for
providing all students a fair opportunity to achieve the
knowledge and skills described in the voluntary national
content standards certified by the Council. In carrying out the
preceding sentence the Council and the working group are
authorized to consider proposals for voluntary national
opportunity-to-learn standards from groups other than those
that receive grants under section 218.
(2) Requirement.--The voluntary national opportunity-to-
learn standards shall be sufficiently general to be used by any
State without unduly restricting State and local prerogatives
regarding instructional methods to be employed.
(3) Elements addressed.--The voluntary national
opportunity-to-learn standards certified by the Council shall
address--
(A) the quality and availability of curricula,
instructional materials, and technologies;
(B) the capability of teachers to provide high-
quality instruction to meet diverse learning needs in
each content area;
(C) the extent to which teachers and administrators
have ready and continuing access to professional
development, including the best knowledge about
teaching, learning, and school improvement;
(D) the extent to which curriculum, instructional
practices, and assessments are aligned to content
standards;
(E) the extent to which school facilities provide a
safe and secure environment for learning and
instruction and have the requisite libraries,
laboratories, and other resources necessary to provide
an opportunity-to-learn; and
(F) other factors that the Council deems
appropriate to ensure that all students receive a fair
opportunity to achieve the knowledge and skills
described in the voluntary national content standards
and the voluntary national student performance
standards certified by the Council.
(4) Additional duties.--In carrying out this subsection,
the Council shall--
(A) identify what other countries with rigorous
content standards do to--
(i) provide their children with
opportunities to learn;
(ii) prepare their teachers; and
(iii) provide continuing professional
development opportunities for their teachers;
and
(B) develop criteria to be used for certifying the
voluntary national opportunity-to-learn standards and,
before applying such criteria, forward such criteria to
the Goals Panel for approval.
(5) Recommendations and coordination.--The Council shall
assist in the development of the voluntary national
opportunity-to-learn standards by--
(A) making recommendations to the Secretary
regarding priorities and selection criteria for each
grant awarded under section 218; and
(B) coordinating with each consortium receiving a
grant under section 218 to ensure that the opportunity-
to-learn standards the consortium develops for all
students are of high quality and are consistent with
the criteria developed by the Council for the
certification of such standards.
(6) Approval.--The Council shall forward the voluntary
national opportunity-to-learn standards that the Council
certifies to the Goals Panel for approval.
(d) Voluntary State Opportunity-To-Learn Standards.--The Council
may certify comprehensive State opportunity-to-learn standards
presented on a voluntary basis by a State that--
(1) describe the conditions of teaching and learning
necessary for all students to have a fair opportunity to learn;
and
(2) address the elements described in section 213(c)(3).
(e) Assessments.--
(1) In general.--(A) The Council shall certify, for a
period not to exceed 5 years, an assessment of a single subject
area or a system of assessments involving several subject areas
presented on a voluntary basis by a State or group of States if
such assessment or system of assessments--
(i) is aligned with such State's or group of
States' challenging State content standards certified
by the Council;
(ii) involves multiple measures of student
performance; and
(iii) provides for--
(I) the participation of all students with
diverse learning needs in such assessment or
system; and
(II) the adaptations and accommodations
necessary to permit such participation.
(B) Assessments or systems of assessments shall be
certified for the purpose of--
(i) exemplifying for students, parents, and
teachers the kinds and levels of achievement that
should be expected, including the identification of
student performance standards;
(ii) improving classroom instruction and improving
the learning outcomes for all students;
(iii) informing students, parents, and teachers
about student progress toward such standards;
(iv) measuring and motivating individual students,
schools, districts, States, and the Nation to improve
educational performance; and
(v) assisting education policymakers in making
decisions about education programs.
(2) Implementation.--(A)(i) The Council shall develop, and
not sooner than 3 years nor later than 4 years after the date
of enactment of this Act, begin utilizing, criteria for the
certification of an assessment or a system of assessments in
accordance with this subsection.
(ii) The Council shall not certify an assessment or system
of assessments for a period of 3 years beginning on the date of
enactment of this Act, if such assessment or system will be
used to make decisions regarding graduation, grade promotion,
or retention of students.
(iii) Before utilizing the criteria described in clause
(i), the Council shall forward such criteria to the Goals Panel
for approval.
(B) The certification criteria described in this paragraph
shall address the extent to which an assessment or a system of
assessments--
(i)(I) is aligned with a State's or a group of
States' challenging State content standards, if such
State or group has challenging State content standards
that have been certified by the Council; and
(II) will support effective curriculum and
instruction;
(ii) is to be used for a purpose for which such
assessment or system is valid, reliable, fair, and free
of discrimination; and
(iii) includes all students, especially students
with disabilities or with limited-English proficiency.
(C) In determining appropriate certification criteria under
this paragraph, the Council shall--
(i) consider standards and criteria being developed
by other national organizations and recent research on
assessment;
(ii) recommend needed research;
(iii) encourage the development and field testing
of assessments or systems of assessments; and
(iv) provide a public forum for discussing,
debating, and building consensus for the criteria to be
used for the certification of assessments or systems of
assessments.
(D) Prior to determining the certification criteria
described in this paragraph, the Council shall take public
comment on its proposed certification criteria.
(f) Performance of Duties.--In carrying out its responsibilities
under this title, the Council shall--
(1) work with Federal and non-Federal departments,
agencies, or organizations that are conducting research,
studies, or demonstration projects to determine internationally
competitive education standards and assessments, and may
establish subject matter and other panels to advise the Council
on particular content, student performance, and opportunity-to-
learn standards and on assessments or systems of assessments;
(2) establish cooperative arrangements with the National
Skill Standards Board to promote the coordination of the
development of content and student performance standards under
this title with the development of skill standards described in
title V;
(3) recommend studies to the Secretary that are necessary
to carry out the Council's responsibilities;
(4) inform the public about what constitutes high quality,
internationally competitive, content, student performance, and
opportunity-to-learn standards, and assessments or systems of
assessments;
(5) on a regular basis, review and update criteria for
certifying content, student performance, and opportunity-to-
learn standards, and assessments or systems of assessments; and
(6) periodically recertify, as appropriate, the voluntary
national content standards, the voluntary national student
performance standards, and the voluntary national opportunity-
to-learn standards.
(g) Construction.--Nothing in this Act shall be construed to--
(1) require any State to have standards certified pursuant
to subsection (b) or (d) in order to participate in any Federal
program; or
(2) create a legally enforceable right for any person
against a State, local educational agency, or school based on a
standard or assessment certified by the Council or the criteria
developed by the Council for such certification.
SEC. 214. ANNUAL REPORTS.
Not later than 1 year after the date the Council concludes its
first meeting, and each year thereafter, the Council shall prepare and
submit a report regarding its work to the President, the Secretary, the
appropriate committees of the Congress, the Governor of each State, and
the Goals Panel.
SEC. 215. POWERS OF THE COUNCIL.
(a) Hearings.--
(1) In general.--The Council shall, for the purpose of
carrying out its responsibilities, conduct such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence, as the Council considers appropriate.
(2) Location.--In carrying out this part, the Council shall
conduct public hearings in different geographic areas of the
United States, both urban and rural, to receive the reports,
views, and analyses of a broad spectrum of experts and the
public on the establishment of voluntary national content
standards, voluntary national student performance standards,
voluntary national opportunity-to-learn standards, and
assessments or systems of assessments described in section
213(e).
(b) Information.--The Council may secure directly from any
department or agency of the Federal Government information necessary to
enable the Council to carry out this part. Upon request of the
Chairperson of the Council, the head of such department or agency shall
furnish such information to the Council to the extent permitted by law.
(c) Postal Services.--The Council may use the United States mail in
the same manner and under the same conditions as other departments and
agencies of the Federal Government.
(d) Gifts; Use of Facilities.--The Council may--
(1) accept, administer, and utilize gifts or donations of
services, money, or property, whether real or personal,
tangible or intangible; and
(2) use the research, equipment, services, and facilities
of any department, agency, or instrumentality of the United
States, or of any State or political subdivision thereof with
the consent of such department, agency, instrumentality, State
or subdivision, respectively.
(e) Administrative Arrangements and Support.--
(1) In general.--The Secretary shall provide to the
Council, on a reimbursable basis, such administrative support
services as the Council may request.
(2) Contracts and other arrangements.--The Secretary, to
the extent appropriate and on a reimbursable basis, shall enter
into contracts and other arrangements that are requested by the
Council to help the Council compile and analyze data or carry
out other functions necessary to the performance of the
Council's responsibilities.
SEC. 216. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Council shall meet on a regular basis, as
necessary, at the call of the Chairperson of the Council or a majority
of its members.
(b) Quorum.--A majority of the members shall constitute a quorum
for the transaction of business.
(c) Voting.--The Council shall take all action of the Council by a
majority vote of the total membership of the Council, ensuring the
right of the minority to issue written views. No individual may vote or
exercise any of the powers of a member by proxy.
(d) Public Access.--The Council shall ensure public access to its
proceedings (other than proceedings, or portions of proceedings,
relating to internal personnel and management matters) and shall make
available to the public, at reasonable cost, transcripts of such
proceedings.
SEC. 217. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Council, without regard to
the provisions of title 5, United States Code, relating to the
appointment and compensation of officers or employees of the United
States, shall appoint a Director to be paid at a rate not to exceed the
rate of basic pay payable for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--
(1) In general.--(A) The Director may appoint not more than
4 additional employees to serve as staff to the Council without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not be
paid a rate that exceeds the maximum rate of basic pay payable
for GS-15 of the General Schedule.
(2) Additional employees.--The Director may appoint
additional employees to serve as staff of the Council
consistent with title 5, United States Code.
(c) Experts and Consultants.--The Council may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code.
(d) Staff of Federal Agencies.--Upon the request of the Council,
the head of any department or agency of the Federal Government may
detail any of the personnel of such department or agency to the Council
to assist the Council in carrying out its duties under this part.
SEC. 218. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANTS.
(a) Opportunity-To-Learn Development Grants.--
(1) In general.--The Secretary is authorized to award more
than one grant, on a competitive basis, to consortia of
individuals and organizations to enable such consortia to
develop voluntary national opportunity-to-learn standards, and
a listing of model programs for use, on a voluntary basis, by
States in--
(A) assessing the capacity and performance of
individual schools; and
(B) developing appropriate actions to be taken in
the event that the schools fail to achieve such
standards.
(2) Composition of consortium.--To the extent possible,
each consortium described in paragraph (1) shall include the
participation of--
(A) Governors (other than Governors serving on the
Goals Panel);
(B) chief State school officers;
(C) teachers, especially teachers involved in the
development of content standards, and related services
personnel;
(D) principals;
(E) superintendents;
(F) State and local school board members;
(G) curriculum and school reform experts;
(H) parents;
(I) State legislators;
(J) representatives of businesses;
(K) representatives of higher education;
(L) representatives of regional accrediting
associations;
(M) representatives of advocacy groups; and
(N) secondary school students.
(b) Applications.--Each consortium that desires to receive a grant
under this subsection shall submit an application to the Secretary at
such time, in such manner, and containing such information and
assurances as the Secretary may require.
(c) Award Consideration.--In establishing priorities and selection
criteria for awarding more than one grant under this section, the
Secretary shall give serious consideration to the recommendations made
by the Council pursuant to section 213(c)(5)(A).
PART C--LEADERSHIP IN EDUCATIONAL TECHNOLOGY
SEC. 221. PURPOSES.
It is the purpose of this part to promote achievement of the
National Education Goals and--
(1) to provide leadership at the Federal level, through the
Department of Education, by developing a national vision and
strategy--
(A) to infuse technology and technology planning
into all educational programs and training functions
carried out within school systems at the State and
local level;
(B) to coordinate educational technology activities
among the related Federal and State departments or
agencies, industry leaders, and interested educational
and parental organizations;
(C) to establish working guidelines to ensure
maximum interoperability nationwide and ease of access
for the emerging technologies so that no school system
will be excluded from the technological revolution; and
(D) to ensure that Federal technology-related
policies and programs facilitate the use of technology
in education;
(2) to promote awareness of the potential of technology for
improving teaching and learning;
(3) to support State and local efforts to increase the
effective use of technology for education;
(4) to demonstrate ways in which technology can be used to
improve teaching and learning, and to help ensure that all
students have an equal opportunity to meet challenging State
education standards;
(5) to ensure the availability and dissemination of
knowledge (drawn from research and experience) that can form
the basis for sound State and local decisions about investment
in, and effective uses of, educational technology;
(6) to promote high-quality professional development
opportunities for teachers and administrators regarding the
integration of technology into instruction and administration;
(7) to promote the effective uses of technology in existing
Federal education programs, such as chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 and vocational
education programs; and
(8) to monitor, and disseminate information regarding,
advancements in technology to encourage the development of
effective educational uses of technology.
SEC. 222. FEDERAL LEADERSHIP.
(a) Activities Authorized.--
(1) In general.--In order to provide Federal leadership
that promotes higher student achievement through the use of
technology in education and to achieve the purposes of this
part, the Secretary, in consultation with the Office of Science
and Technology Policy, the National Science Foundation, the
Department of Commerce, the Department of Energy, the National
Aeronautics and Space Administration, and other appropriate
Federal departments or agencies, may carry out activities
designed to achieve the purposes of this part.
(2) Transfer of funds.--For the purpose of carrying out
coordinated or joint activities to achieve the purposes of this
part, the Secretary may accept funds from, and transfer funds
to, other Federal departments or agencies.
(b) National Long-Range Technology Plan.--
(1) In general.--The Secretary shall develop and publish
within 12 months of the date of enactment of this Act, and
update when the Secretary determines appropriate, a national
long-range plan that supports the overall national technology
policy and carries out the purposes of this part.
(2) Plan requirements.--The Secretary shall--
(A) develop the national long-range plan in
consultation with other Federal departments or
agencies, State and local education practitioners and
policymakers, experts in technology and the educational
applications of technology, representatives of a
distance learning consortia, representatives of
telecommunications partnerships receiving assistance
under the Star Schools Program Assistance Act, and
providers of technology services and products;
(B) transmit such plan to the President and to the
appropriate committees of the Congress; and
(C) publish such plan in a form that is readily
accessible to the public.
(3) Contents of the plan.--The national long-range plan
shall describe the Secretary's activities to promote the
purposes of this part, including--
(A) how the Secretary will encourage the effective
use of technology to provide all students the
opportunity to achieve challenging State content
standards and challenging State student performance
standards, especially through programs administered by
the Department of Education;
(B) joint activities in support of the overall
national technology policy with other Federal
departments or agencies, such as the Office of Science
and Technology Policy, the National Endowment for the
Humanities, the National Endowment for the Arts, the
National Aeronautics and Space Administration, the
National Science Foundation, and the Departments of
Commerce, Energy, Health and Human Services, and
Labor--
(i) to promote the use of technology in
education, and training and lifelong learning,
including plans for the educational uses of a
national information infrastructure; and
(ii) to ensure that the policies and
programs of such departments or agencies
facilitate the use of technology for
educational purposes, to the extent feasible;
(C) how the Secretary will work with educators,
State and local educational agencies, and appropriate
representatives of the private sector to facilitate the
effective use of technology in education;
(D) how the Secretary will promote--
(i) higher achievement of all students
through the integration of technology into the
curriculum;
(ii) increased access to the benefits of
technology for teaching and learning for
schools with a high concentration of children
from low-income families;
(iii) the use of technology to assist in
the implementation of State systemic reform
strategies;
(iv) the application of technological
advances to use in education; and
(v) increased opportunities for the
professional development of teachers in the use
of new technologies;
(E) how the Secretary will determine, in
consultation with appropriate individuals,
organizations, industries, and agencies, the
feasibility and desirability of establishing guidelines
to facilitate an easy exchange of data and effective
use of technology in education;
(F) how the Secretary will utilize the outcomes of
the evaluation undertaken pursuant to section 908 of
the Star Schools Program Assistance Act to promote the
purposes of this part; and
(G) the Secretary's long-range measurable goals and
objectives relating to the purposes of this part.
(c) Assistance.--The Secretary shall provide assistance to the
States to enable such States to plan effectively for the use of
technology in all schools throughout the State in accordance with the
purpose and requirements of section 316.
SEC. 223. OFFICE OF EDUCATIONAL TECHNOLOGY.
(a) Amendment to the Department of Education Organization Act.--
Title II of the Department of Education Organization Act (20 U.S.C.
3411 et seq.) is amended by adding at the end the following new
section:
``office of educational technology
``Sec. 216. There shall be in the Department of Education an Office
of Educational Technology, to be administered by the Director of
Educational Technology. The Director of Educational Technology shall
report directly to the Secretary and shall perform such additional
functions as the Secretary may prescribe. Such Office shall be
established in accordance with section 405A of the General Education
Provisions Act.''.
(b) Amendment to the General Education Provisions Act.--Part A of
the General Education Provisions Act (20 U.S.C. 1221c et seq.) is
amended by inserting after section 405 the following new section:
``SEC. 405A. OFFICE OF EDUCATIONAL TECHNOLOGY.
``(a) Establishment.--The Secretary shall establish an Office of
Educational Technology (hereafter in this section referred to as the
`Office').
``(b) Functions of the Office.--The Director of the Office of
Educational Technology (hereafter in this section referred to as the
`Director'), through the Office, shall--
``(1) in support of the overall national technology policy
and in consultation with other Federal departments or agencies
which the Director determines appropriate, provide leadership
to the Nation in the use of technology to promote achievement
of the National Education Goals and to increase opportunities
for all students to achieve challenging State content and
challenging State student performance standards;
``(2) review all programs and training functions
administered by the Department and recommend policies in order
to promote increased use of technology and technology planning
throughout all such programs and functions;
``(3) review all relevant programs supported by the
Department to ensure that such programs are coordinated with
and support the national long-range technology plan developed
pursuant to this Act; and
``(4) perform such additional functions as the Secretary
may require.
``(c) Personnel.--The Director is authorized to select, appoint,
and employ such officers and employees as may be necessary to carry out
the functions of the Office, subject to the provisions of title 5,
United States Code (governing appointments in the competitive service),
and the provisions of chapter 51 and subchapter III of chapter 53 of
such title (relating to classification and General Schedule pay rates.
``(d) Experts and Consultants.--The Secretary may obtain the
services of experts and consultants in accordance with section 3109 of
title 5, United States Code.''.
(c) Compensation of the director.--Section 5315 of title 5, United
States Code, is amended by adding at the end the following:
``Director of the Office of Educational Technology.''.
SEC. 224. USES OF FUNDS.
(a) In General.--The Secretary shall use funds appropriated
pursuant to the authority of section 231(d) for activities designed to
carry out the purpose of this part, including--
(1) providing assistance to technical assistance providers
to enable such providers to improve substantially the services
such providers offer to educators regarding the educational
uses of technology, including professional development;
(2) consulting with representatives of industry, elementary
and secondary education, higher education, and appropriate
experts in technology and the educational applications of
technology, in carrying out the activities assisted under this
part;
(3) research on, and the development of, guidelines to
facilitate maximum interoperability, efficiency and easy
exchange of data for effective use of technology in education;
(4) research on, and the development of, educational
applications of the most advanced and newly emerging
technologies;
(5) the development, demonstration, and evaluation of
applications of existing technology in preschool education,
elementary and secondary education, training and lifelong
learning, and professional development of educational
personnel;
(6) the development and evaluation of software and other
products, including multimedia television programming, that
incorporate advances in technology and help achieve the
National Education Goals, challenging State content standards
and challenging State student performance standards;
(7) the development, demonstration, and evaluation of model
strategies for preparing teachers and other personnel to use
technology effectively to improve teaching and learning;
(8) the development of model programs that demonstrate the
educational effectiveness of technology in urban and rural
areas and economically distressed communities;
(9) research on, and the evaluation of, the effectiveness
and benefits of technology in education giving priority to
research on, and evaluation of, such effectiveness and benefits
in elementary and secondary schools;
(10) a biannual assessment of, and report to the public
regarding, the uses of technology in elementary and secondary
education throughout the United States upon which private
businesses and Federal, State and local governments may rely
for decisionmaking about the need for, and provision of,
appropriate technologies in schools, which assessment and
report shall use, to the extent possible, existing information
and resources;
(11) conferences on, and dissemination of information
regarding, the uses of technology in education;
(12) the development of model strategies to promote gender
equity in the use of technology;
(13) encouraging collaboration between the Department of
Education and other Federal agencies in the development,
implementation, evaluation and funding of applications of
technology for education, as appropriate; and
(14) such other activities as the Secretary determines will
meet the purposes of this part.
(b) Special Rules.--
(1) In general.--The Secretary shall carry out the
activities described in subsection (a) directly or by grant or
contract.
(2) Grants and contracts.--Each grant or contract under
this part shall be awarded--
(A) on a competitive basis; and
(B) pursuant to a peer review process.
SEC. 225. NON-FEDERAL SHARE.
(a) In General.--Subject to subsections (b) and (c), the Secretary
may require any recipient of a grant or contract under this part to
share in the cost of the activities assisted under such grant or
contract, which non-Federal share shall be announced through a notice
in the Federal Register and may be in the form of cash or in-kind
contributions, fairly valued.
(b) Increase.--The Secretary may increase the non-Federal share
that is required of a recipient of a grant or contract under this part
after the first year such recipient receives funds under such grant or
contract.
(c) Maximum.--The non-Federal share required under this section
shall not exceed 50 percent of the cost of the activities assisted
pursuant to a grant or contract under this part.
SEC. 226. OFFICE OF TRAINING TECHNOLOGY TRANSFER.
(a) Transfer.--
(1) In general.--The Office of Training Technology Transfer
as established under section 6103 of the Training Technology
Transfer Act of 1988 (20 U.S.C. 5093) is transferred to the
Office of Educational Technology.
(2) Technical amendment.--The first sentence of section
6103(a) of the Training Technology Transfer Act of 1988 (20
U.S.C. 5093(a)) is amended by striking ``Office of Educational
Research and Improvement'' and inserting ``Office of
Educational Technology''.
(b) Authorization of Appropriations.--The Training Technology
Transfer Act of 1988 (20 U.S.C. 5091 et seq.) is amended by adding at
the end the following new section:
``SEC. 6108. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $3,000,000 for fiscal
year 1995, and such sums as may be necessary for each of the fiscal
years 1996 through 1999, to carry out this chapter.''.
PART D--AUTHORIZATION OF APPROPRIATIONS
SEC. 231. AUTHORIZATION OF APPROPRIATIONS.
(a) National Education Goals Panel.--There are authorized to be
appropriated $3,000,000 for fiscal year 1994, and such sums as may be
necessary for each of the 4 succeeding fiscal years, to carry out part
A.
(b) National Education Standards and Improvement Council.--There
are authorized to be appropriated $3,000,000 for fiscal year 1994, and
such sums as may be necessary for each of the 4 succeeding fiscal
years, to carry out part B.
(c) Opportunity-To-Learn Development Grants.--There are authorized
to be appropriated $1,000,000 for fiscal year 1994, and such sums as
may be necessary for fiscal year 1995, to carry out section 219.
(d) Leadership in Educational Technology.--There are authorized to
be appropriated $5,000,000 for the fiscal year 1994, and such sums as
may be necessary for each of the fiscal years 1995 through 1998, to
carry out part C.
TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
SEC. 301. FINDINGS.
The Congress finds that--
(1) all students can learn to high standards and must
realize their potential if the United States is to prosper;
(2) the reforms in education from 1977 through 1992 have
achieved some good results, but such reform efforts often have
been limited to a few schools or to a single part of the
educational system;
(3) leadership must come from teachers, related services
personnel, principals, and parents in individual schools, and
from policymakers at the local, State, tribal, and national
levels, in order for lasting improvements in student
performance to occur;
(4) simultaneous top-down and bottom-up education reform is
necessary to spur creative and innovative approaches by
individual schools to help all students achieve internationally
competitive standards;
(5) strategies must be developed by communities and States
to support the revitalization of all local public schools by
fundamentally changing the entire system of public education
through comprehensive, coherent, and coordinated improvement;
(6) parents, teachers and other local educators, and
business, community, and tribal leaders, must be involved in
developing system-wide improvement strategies that reflect the
needs of their individual communities;
(7) all students are entitled to teaching practices that
are in accordance with accepted standards of professional
practice and that hold the greatest promise of improving
student performance;
(8) all students are entitled to participate in a broad and
challenging curriculum and to have access to resources
sufficient to address other education needs;
(9) State and local education improvement efforts must
incorporate strategies for providing students and families with
coordinated access to appropriate social services, health care,
nutrition, early childhood education, and child care to remove
preventable barriers to learning and enhance school readiness
for all students;
(10) States and local educational agencies, working
together, must immediately set about developing and
implementing such system-wide improvement strategies if our
Nation is to educate all children to meet their full potential
and achieve the National Education Goals described in title I;
(11) State and local systemic improvement strategies must
provide all students with effective mechanisms and appropriate
paths to the work force as well as to higher education;
(12) businesses should be encouraged--
(A) to enter into partnerships with schools;
(B) to provide information and guidance to schools
based on the needs of area businesses for properly
educated graduates in general and on the need for
particular workplace skills that the schools may
provide;
(C) to provide necessary education and training
materials and support; and
(D) to continue the lifelong learning process
throughout the employment years of an individual;
(13) the appropriate and innovative use of technology,
including distance learning, can be very effective in helping
to provide all students with the opportunity to learn and meet
high standards;
(14) Federal funds should be targeted to support State and
local initiatives, and to leverage State and local resources
for designing and implementing system-wide education
improvement plans; and
(15) quality education management services are being
utilized by local educational agencies and schools through
contractual agreements between local educational agencies or
schools and such businesses.
SEC. 302. PURPOSE.
It is the purpose of this title to--
(1) improve the quality of education for all students by
supporting a long-term, broad-based effort to provide coherent
and coordinated improvements in the system of education
throughout our Nation at the State and local levels;
(2) provide new authorities and funding for our Nation's
school systems;
(3) not replace or reduce funding for existing Federal
education programs; and
(4) ensure that no State or local educational agency will
reduce its funding for education or for education reform on
account of receiving any funds under this title.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $400,000,000 for the fiscal
year 1994, and such sums as may be necessary for each of the fiscal
years 1995 through 1998, to carry out this title.
SEC. 304. ALLOTMENT OF FUNDS.
(a) Reservations of Funds.--From funds appropriated pursuant to the
authority of section 303 in each fiscal year, the Secretary--
(1) shall reserve a total of 1 percent to provide
assistance, in amounts determined by the Secretary--
(A) to the outlying areas;
(B) to the Secretary of the Interior to benefit
Indian students in schools operated or funded by the
Bureau of Indian Affairs; and
(C) to the Alaska Federation of Natives in
cooperation with the Alaska Native Education Council to
benefit Alaska Native students; and
(2) may reserve a total of not more than 4 percent for--
(A) national leadership activities under
subsections (a), (b) and (d) of section 313; and
(B) the costs of peer review of State improvement
plans and applications under this title.
(b) State Allotments.--From the amount appropriated under section
303 and not reserved under subsection (a) in each fiscal year the
Secretary shall make allotments to State educational agencies as
follows:
(1) 50 percent of such amount shall be allocated in
accordance with the relative amounts each State would have
received under chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 for the preceding fiscal year
if funds under such chapter in such preceding fiscal year were
not reserved for the outlying areas.
(2) 50 percent of such amount shall be allocated in
accordance with the relative amounts each State would have
received under part A of chapter 2 of title I of the Elementary
and Secondary Education Act of 1965 for the preceding fiscal
year if funds under such chapter in such preceding fiscal year
were not reserved for the outlying areas.
(c) Reallotments.--If the Secretary determines that any amount of a
State educational agency's allotment for any fiscal year under
subsection (b) will not be needed for such fiscal year by the State,
the Secretary shall reallot such amount to other State educational
agencies that need additional funds, in such manner as the Secretary
determines is appropriate.
(d) Maintenance of Effort.--Each recipient of funds under this
title, in utilizing the proceeds of an allotment received under this
title, shall maintain the expenditures of such recipient for the
activities assisted under this title at a level equal to not less than
the level of such expenditures maintained by such recipient for the
fiscal year preceding the fiscal year for which such allotment is
received, except that provisions of this section shall not apply in any
fiscal year in which the amount appropriated to carry out this title is
less than the amount appropriated to carry out this title in the
preceding fiscal year.
(e) Supplement Not Supplant.--Each recipient of funds under this
title, may use the proceeds of an allotment received under this title
only so as to supplement and, to the extent practicable, increase the
level of funds that would, in the absence of such Federal funds, be
made available from non-Federal sources for the activities assisted
under this title.
SEC. 305. STATE APPLICATIONS.
(a) Application.--
(1) In general.--Each State educational agency that desires
to receive an allotment under this title shall submit an
application to the Secretary at such time and in such manner as
the Secretary may determine.
(2) Additional information.--In addition to the information
described in subsections (b) and (c), each such application
shall include--
(A) an assurance that the State educational agency
will cooperate with the Secretary in carrying out the
Secretary's responsibilities under section 313, and
will comply with reasonable requests of the Secretary
for data related to the State's progress in developing
and implementing its State improvement plan under this
title;
(B) an assurance that State law provides adequate
authority to carry out each component of the State's
improvement plan developed, or to be developed, under
section 306, or that such authority will be sought; and
(C) such other assurances and information as the
Secretary may require.
(b) First Year.--A State educational agency's application for the
first year of assistance under this title shall--
(1) describe the process by which the State educational
agency will develop a school improvement plan that meets the
requirements of section 306; and
(2) describe how the State educational agency will use
funds received under this title for such year, including how
such agency will make subgrants to local educational agencies
in accordance with section 309(a), and how such agency will use
funds received under this title for education preservice
programs and professional development activities in accordance
with section 309(b).
(c) Subsequent Years.--A State educational agency's application for
the second year of assistance under this title shall--
(1) cover the second through fifth years of the State's
participation;
(2) include a copy of the State's improvement plan that
meets the requirements of section 306, or if the State
improvement plan is not complete, a statement of the steps the
State will take to complete the plan and a schedule for doing
so; and
(3) include an explanation of how the State educational
agency will use funds received under this title, including how
such agency will make subgrants to local educational agencies
in accordance with section 309(a), and how such agency will use
such funds received under this title for education preservice
programs and professional development activities in accordance
with section 309(b).
SEC. 306. STATE IMPROVEMENT PLANS.
(a) Basic Scope of Plan.--Any State educational agency that desires
to receive an allotment under this title after its first year of
participation shall develop and implement a State improvement plan for
the improvement of elementary and secondary education in the State.
(b) Plan Development.--
(1) In general.--A State improvement plan under this title
shall be developed by a broad-based State panel in cooperation
with the State educational agency and the Governor. The panel
shall include--
(A) the Governor and the chief State school
officer, or their designees;
(B) the chairperson of the State board of education
and the chairpersons of the appropriate authorizing
committees of the State legislature, or their
designees;
(C) school teachers, related services personnel,
principals, and administrators who have successfully
improved student performance; and
(D) representatives of teachers' organizations,
organizations serving young children, parents,
secondary school students, business and labor leaders,
community-based organizations of demonstrated
effectiveness, institutions of higher education,
private, nonprofit elementary and secondary schools,
local boards of education, State and local officials,
tribal agencies, as appropriate, and others.
(2) Appointment.--The Governor and the chief State school
officer shall each appoint half the members of the panel and
shall jointly select the Chairperson of the panel and the
representative of a private, nonprofit elementary and secondary
school described in paragraph (1)(D).
(3) Representation.--The membership of the panel shall be
geographically representative of the State and reflect the
diversity of the population of the State with regard to race,
ethnicity, gender and disability characteristics.
(4) Consultation.--The panel shall consult the Governor,
the chief State school officer, the State board of education,
and relevant committees of the State legislature in developing
the State improvement plan.
(5) Outreach.--The panel shall be responsible for
conducting a statewide, grassroots outreach process, including
conducting public hearings, to involve educators, related
services personnel, parents, local officials, tribal government
officials, as appropriate, individuals representing private
nonprofit elementary and secondary schools, community and
business leaders, citizens, children's advocates, secondary
school students, and others with a stake in the success of
students and their education system, and who are representative
of the diversity of the State and the State's student
population, including students of limited-English proficiency,
American Indian, Alaska Native, and Native Hawaiian students,
and students with disabilities, in the development of the State
improvement plan and in a continuing dialogue regarding the
need for and nature of challenging standards for students and
local and State responsibilities for helping all students
achieve such standards in order to assure that the development
and implementation of the State improvement plan reflects local
needs and experiences and does not result in a significant
increase in paperwork for teachers.
(6) Procedure and approval.--The panel shall develop a
State improvement plan, provide opportunity for public comment,
and submit such plan to the State educational agency for
approval.
(7) Submission.--The State educational agency shall submit
the original State improvement plan developed by the panel and
the State improvement plan modified by such agency, together
with an explanation of any changes made by such agency to the
plan developed by the panel, to the Secretary for approval.
(8) Matters not under the jurisdiction of the state
educational agency.--If any portion of a State improvement plan
addresses matters that, under State or other applicable law,
are not under the authority of the State educational agency,
the State educational agency shall obtain the approval of, or
changes to, such portion, with an explanation thereof, from the
Governor or other official responsible for that portion before
submitting such plan to the Secretary.
(9) Monitoring; revisions; reporting.--After approval of
the State improvement plan by the Secretary, the panel shall be
informed of progress on such plan by the State educational
agency, and such agency, in close consultation with teachers,
principals, administrators, advocates and parents in local
educational agencies and schools receiving funds under this
title, shall monitor the implementation and operation of such
plan. The panel shall review such plan, and based on the
progress described in the preceding sentence, determine if
revisions to such plan are appropriate and necessary. The panel
shall periodically report such determination to the public.
(c) Teaching, Learning, Standards, and Assessments.--Each State
improvement plan shall establish strategies for meeting the National
Education Goals described in title I by improving teaching and learning
and students' mastery of basic and advanced skills to achieve a higher
level of learning and academic accomplishment in English, math,
science, United States history, geography, foreign languages and the
arts, civics, government, economics, physics, and other core curricula,
and such strategies shall involve broad-based and ongoing classroom
teacher input, such as--
(1) a process for developing or adopting challenging State
content standards and challenging State student performance
standards for all students;
(2) a process for providing assistance and support to local
educational agencies and schools to strengthen the capacity and
responsibility of such agencies and schools to provide all of
their students the opportunity to meet challenging State
content standards and challenging State student performance
standards;
(3) a process for developing or recommending instructional
materials and technology to support and assist local
educational agencies and schools to provide all of their
students the opportunity to meet the challenging State content
standards and challenging State student performance standards;
(4) a process for developing and implementing a valid,
fair, nondiscriminatory, and reliable assessment or system of
assessments--
(A) which assessment or system shall--
(i) be aligned with such State's content
standards;
(ii) involve multiple measures of student
performance;
(iii) provide for--
(I) the participation of all
students with diverse learning needs in
such assessment or system; and
(II) the adaptations and
accommodations necessary to permit such
participation;
(iv) be consistent with relevant,
nationally recognized professional and
technical standards for such assessment or
system;
(v) be capable of providing coherent
information about student attainments relative
to the State content standards; and
(vi) support effective curriculum and
instruction; and
(B) which process shall provide for monitoring the
implementation of such assessment, system or set and
the impact of such assessment, system or set on
improved instruction for all students; and
(5) a process for improving the State's system of teacher
and school administrator preparation and licensure, and of
continuing professional development programs, including the use
of technology at both the State and local levels, so that all
teachers, related services personnel, and administrators
develop the subject matter and pedagogical expertise needed to
prepare all students to meet the challenging standards
described in paragraph (1).
(d) Opportunity-To-Learn Strategies.--Each State improvement plan
shall establish strategies for providing all students with an
opportunity to learn.
(e) Accountability and Management.--Each State plan shall establish
strategies for improved accountability and management of the education
system of the State.
(f) Parental and Community Support and Involvement.--Each State
improvement plan shall describe comprehensive strategies to involve
communities, including community representatives such as parents,
businesses, institutions of higher education, libraries, cultural
institutions, employment and training agencies, health and human
service agencies, intergenerational mentoring programs, and other
public and private nonprofit agencies that provide nonsectarian social
services, health care, child care, early childhood education, and
nutrition to students, in helping all students meet the challenging
State standards.
(g) Making the Improvements System-Wide.--In order to help provide
all students throughout the State the opportunity to meet challenging
State content standards and challenging State student performance
standards, each State improvement plan shall describe the various
strategies for ensuring that all local educational agencies and schools
within the State are involved in developing and implementing needed
improvements within a specified period of time.
(h) Promoting Bottom-Up Reform.--Each State improvement plan shall
include strategies for ensuring that comprehensive, systemic reform is
promoted from the bottom up in communities, local educational agencies,
and schools, and is guided by coordination and facilitation from State
leaders.
(i) Benchmarks and Timelines.--Each State improvement plan shall
include specific benchmarks of improved student performance and of
progress in implementing such plan, and timelines against which the
progress of the State in carrying out such plan, including the elements
described in subsections (c) through (h), can be measured.
(j) Peer Review and Secretarial Approval.--
(1) In general.--(A) The Secretary shall review, within a
reasonable period of time, each State improvement plan prepared
under this section, and each application submitted under
section 305, through a peer review process involving the
assistance and advice of State and local education
policymakers, educators, classroom teachers, related services
personnel, experts on educational innovation and improvement,
parents, advocates, and other appropriate individuals. Such
peer review process shall be representative of the diversity of
the United States with regard to geography, race, ethnicity,
gender and disability characteristics. Such peer review process
shall include at least 1 site visit to each State.
(B) Notwithstanding the provisions of subparagraph (A), in
the first year that a State educational agency submits an
application for assistance under this title the Secretary shall
not be required to--
(i) review such application through a peer review
process; and
(ii) conduct a site visit.
(2) Approval of plan.--The Secretary shall approve a State
improvement plan if--
(A) such plan is submitted to the Secretary not
later than 2 years after the date the State educational
agency receives its first allotment under section
304(b); and
(B) the Secretary determines, after considering the
peer reviewers' comments, that such plan--
(i) reflects a widespread commitment within
the State; and
(ii) holds reasonable promise of helping
all students.
(3) Disapproval.--The Secretary shall not disapprove a
State's plan, or any State application submitted under section
305, before offering the State--
(A) an opportunity to revise such plan or
application; and
(B) a hearing.
(k) Amendments to Plan.--
(1) In general.--Each State educational agency shall
periodically review its State improvement plan and revise such
plan, as appropriate, in accordance with the process described
in subsection (b).
(2) Review.--The Secretary shall review any major amendment
to a State improvement plan and shall not disapprove any such
amendment before offering a State educational agency--
(A) an opportunity to revise such amendment; and
(B) a hearing.
(l) Preexisting State Plans and Panels.--
(1) In general.--If a State has developed a comprehensive
and systemic State improvement plan to help all students meet
challenging State content standards and challenging State
student performance standards, or any component of such plan,
that meets the intent and purposes of section 302, the
Secretary shall approve such plan or component notwithstanding
that such plan was not developed in accordance with subsection
(b), if--
(A) the Secretary determines that such approval
would further the purposes of State systemic education
improvement; and
(B) such plan ensures broad-based input from
various education, political, community, and other
appropriate representatives.
(2) Special rule.--(A) If, before the date of enactment of
this Act, a State has made substantial progress in developing a
plan that meets the intent and purposes of section 302, but was
developed by a panel that does not meet the requirements of
paragraphs (1) through (3) of subsection (b), the Secretary
shall, at the request of the Governor and the State educational
agency, treat such panel as meeting such requirements for all
purposes of this title if the Secretary determines that there
has been substantial public and educator involvement in the
development of such plan.
(B) If a State has not developed a State improvement plan
but has an existing panel which such State would like to use
for the purpose of developing such plan, then the Secretary
shall, at the request of the Governor and the State educational
agency, treat such panel as meeting the requirements of
paragraphs (1) through (3) of subsection (b) for all purposes
of this title if--
(i) the Secretary determines that such existing
panel is serving a similar such purpose; and
(ii) the composition of such existing panel would
ensure broad-based input from various education,
political, community, and other appropriate
representatives.
SEC. 307. SECRETARY'S REVIEW OF APPLICATIONS; PAYMENTS.
(a) First Year.--The Secretary shall approve the State educational
agency's initial year application under section 305(b) if the Secretary
determines that--
(1) such application meets the requirements of this title;
and
(2) there is a substantial likelihood that the State will
be able to develop and implement an education improvement plan
that complies with section 306.
(b) Second Through Fifth Years.--The Secretary shall approve the
State educational agency's renewal application under section 305(c)(1)
in the second through fifth years of participation only if--
(1)(A) the Secretary has approved the State improvement
plan under section 306(j); or
(B) the Secretary determines that the State has made
substantial progress in developing its State improvement plan
and will implement such plan not later than the end of the
second year of participation; and
(2) the application meets the other requirements of this
title.
(c) Payments.--For any fiscal year for which a State has an
approved application under this title, the Secretary shall provide an
allotment to the State educational agency in the amount determined
under section 304(b).
SEC. 308. STATE USE OF FUNDS.
(a) First Year.--In the first year for which a State educational
agency receives an allotment under this title, such agency--
(1) if the amount appropriated pursuant to the authority of
section 303 for such year is equal to or greater than
$200,000,000, shall use at least 75 percent of such allotted
funds to award subgrants--
(A) to local educational agencies for the
development or implementation of local improvement
plans in accordance with section 309(a); and
(B) to improve educator and related services
personnel preservice programs and for professional
development activities consistent with the State
improvement plan and in accordance with section 309(b);
(2) if the amount appropriated pursuant to the authority of
section 303 for such year is equal to or greater than
$100,000,000, but less than $200,000,000, shall use at least 50
percent of such allotted funds to award subgrants described in
subparagraphs (A) and (B) of paragraph (1);
(3) if the amount appropriated pursuant to the authority of
section 303 for such year is less than $100,000,000, may use
such allotted funds to award subgrants described in
subparagraphs (A) and (B) of paragraph (1); and
(4) shall use any such allotted funds not used in
accordance with paragraphs (1), (2), and (3) to develop,
revise, expand, or implement a State improvement plan described
in section 306.
(b) Succeeding Years.--Each State educational agency that receives
an allotment under this title for any year after the first year of
participation shall--
(1) use at least 85 percent of such allotment funds in each
such year to make subgrants--
(A) for the implementation of the State improvement
plan and of local improvement plans in accordance with
section 309(a); and
(B) to improve educator and related services
personnel preservice programs and for professional
development activities that are consistent with the
State improvement plan in accordance with section
309(b); and
(2) shall use the remainder of such allotted funds for
State activities designed to implement the State improvement
plan, such as--
(A) supporting the development or adoption of
challenging State content standards, challenging State
student performance standards, comprehensive State
opportunity-to-learn standards, and assessment tools
linked to the standards, including activities
assisted--
(i) through consortia of States; or
(ii) with the assistance of the National
Education Standards and Improvement Council
established under part B of title II;
(B) supporting the implementation of high-
performance management and organizational strategies,
such as site-based management, shared decisionmaking,
or quality management principles, to promote effective
implementation of such plan;
(C) supporting the development and implementation,
at the local educational agency and school building
level, of improved human resource development systems
for recruiting, selecting, mentoring, supporting,
evaluating and rewarding educators;
(D) providing special attention to the needs of
minority, disabled, and female students, including
instructional programs and activities that encourage
such students in elementary and secondary schools to
aspire to enter and complete postsecondary education or
training;
(E) supporting innovative and proven methods of
enhancing a teacher's ability to identify student
learning needs, and motivating students to develop
higher order thinking skills, discipline, and creative
resolution methods, including significantly reducing
class size and promoting instruction in chess;
(F) supporting the development, at the State or
local level, of performance-based accountability and
incentive systems for schools;
(G) outreach to and training for parents, tribal
officials, organizations serving young children,
classroom teachers, related services personnel, and
other educators, and the public, related to education
improvement;
(H) providing technical assistance and other
services to increase the capacity of local educational
agencies and schools to develop and implement systemic
local improvement plans, implement new assessments or
systems of assessments described in the State
improvement plan developed in accordance with section
306, and develop curricula consistent with the
challenging State content standards and challenging
State student performance standards;
(I) promoting mechanisms for increasing public
school choice, including information and referral
programs which provide parents information on available
choices and other initiatives to promote the
establishment of innovative new public schools,
including magnet schools and charter schools;
(J) supporting activities relating to the planning
of, start-up costs associated with, and evaluation of,
projects under which local educational agencies or
schools contract with private management organizations
to reform a school;
(K) supporting intergenerational mentoring
programs; and
(L) collecting and analyzing data; and
(M) supporting the development, at the State or
local level, of school-based programs that restore
discipline and reduce violence in schools and
communities, such as community mobilization programs.
(c) Limit on Administrative Costs.--A State educational agency that
receives an allotment under this title in any fiscal year shall use not
more than 4 percent of such allotment in such year, or $100,000,
whichever is greater, for administrative expenses, which administrative
expenses shall not include the expenses related to the activities of
the panel established under section 306(b)(1).
(d) Special Rule.--Any new public school established under this
title--
(1) shall be nonsectarian;
(2) shall not be affiliated with a nonpublic sectarian
school or religious institution; and
(3) shall operate under the authority of a State
educational agency or local educational agency.
SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL DEVELOPMENT.
(a) Subgrants to Local Educational Agencies.--
(1) In general.--(A) Each State educational agency, through
a competitive process, shall make subgrants to local
educational agencies to carry out the authorized activities
described in paragraph (4).
(B) Each subgrant described in subparagraph (A) shall be
for a project of sufficient duration and of sufficient size,
scope, and quality to carry out the purpose of this title
effectively.
(2) Application required.--Each local educational agency
desiring to receive a subgrant under this subsection shall
submit an application to the State educational agency that--
(A) is developed by a broad-based panel, appointed
by the local educational agency, that is representative
of the diversity of the students and community to be
served with regard to race, language, ethnicity,
gender, disability and socioeconomic characteristics,
and includes teachers, related services personnel,
secondary school students, parents, school
administrators, business representatives, early
childhood educators, representatives of community-based
organizations, and others, as appropriate, and is
approved by the local educational agency, including any
modifications the local educational agency deems
appropriate;
(B) includes, in the application submitted for the
second year of participation, a comprehensive local
improvement plan for school district-wide education
improvement, directed at enabling all students to meet
high academic standards, including specific goals and
benchmarks, and includes a strategy for--
(i) ensuring that all students have a fair
opportunity to learn;
(ii) improving teaching and learning;
(iii) improving governance and management;
(iv) generating and maintaining parental
and community involvement; and
(v) expanding improvements throughout the
local educational agency;
(C) describes how the local educational agency will
encourage and assist schools to develop and implement
comprehensive school improvement plans that focus on
helping all students meet high academic standards and
that address each element of the local educational
agency's local improvement plan described in
subparagraph (B);
(D) describes how the local educational agency will
implement specific programs aimed at ensuring
improvements in school readiness and the ability of
students to learn effectively at all grade levels by
identifying the most pressing needs facing students and
their families with regard to social services, health
care, nutrition, and child care, and entering into
partnerships with public and private nonprofit agencies
to increase the access of students and families to
coordinated nonsectarian services in a school setting
or at a nearby site;
(E) describes how the subgrant funds will be used
by the local educational agency, and the procedures to
be used to make funds available to schools in
accordance with paragraph (4)(A);
(F) identifies, with an explanation, any State or
Federal requirements that the local educational agency
believes impede educational improvement and that such
agency requests be waived in accordance with section
311, which requests shall promptly be transmitted to
the Secretary by the State educational agency; and
(G) contains such other information as the State
educational agency may reasonably require.
(3) Monitoring.--The panel described in paragraph (2)(A),
after approval of the local educational agency's application by
the State educational agency, shall be informed of progress on
such plan by the local educational agency, and the local
educational agency shall monitor the implementation and
effectiveness of the local improvement plan in close
consultation with teachers, related services personnel,
principals, administrators, and parents from schools receiving
funds under this title, as well as assure that implementation
of the local improvement plan does not result in a significant
increase in paperwork for teachers. The panel shall review such
plan and based on the progress described in the preceding
sentence, determine if revisions to the local improvement plan
should be recommended to the local educational agency. The
panel shall periodically report such determination to the
public.
(4) Authorized activities.--A local educational agency that
receives a subgrant under this subsection--
(A) in the first year such agency receives the
subgrant shall use--
(i) not more than 25 percent of the
subgrant funds to develop a local improvement
plan or for any local educational agency
activities approved by the State educational
agency that are reasonably related to carrying
out the State or local improvement plans,
including the establishment of innovative new
public schools; and
(ii) not less than 75 percent of the
subgrant funds to support individual school
improvement initiatives related to providing
all students in the school the opportunity to
meet high academic standards; and
(B) in subsequent years, shall use the subgrant
funds for any activities approved by the State
educational agency that are reasonably related to
carrying out the State or local improvement plans
(including the establishment of innovative new public
schools), except that at least 85 percent of such funds
shall be made available to individual schools to
develop and implement comprehensive school improvement
plans designed to help all students meet high academic
standards.
(b) Subgrants for Preservice Teacher Education and Professional
Development Activities.--
(1) In general.--(A) Each State educational agency, through
a competitive, peer review process, shall make subgrants to a
local educational agency, or a consortium consisting of local
educational agencies, institutions of higher education, or
nonprofit education organizations, or any combination thereof,
in order to--
(i) improve preservice teacher and related services
personnel education programs in accordance with the
State improvement plan; and
(ii) support continuing, sustained professional
development activities for educators in accordance with
the State improvement plan.
(B) Each State educational agency awarding subgrants under
subparagraph (A) shall give priority to awarding such subgrants
to--
(i) a local educational agency or consortium
serving a greater number or percentage of disadvantaged
students than the statewide average of such number or
percentage; or
(ii) a consortium that has a demonstrated record of
working with school districts, such as a consortium
that--
(I) prepares and screens teacher interns in
professional development school sites;
(II) focuses on upgrading teachers'
knowledge of content areas; or
(III) targets preparation and continued
professional development of teachers of
students with limited-English proficiency and
students with disabilities.
(C) In order to be eligible to receive a subgrant described
in subparagraph (A), a consortium shall include at least 1
local educational agency.
(2) Application.--A local educational agency or consortium
that desires to receive a subgrant under this subsection shall
submit an application to the State educational agency that--
(A) describes how the local educational agency or
consortium will use the subgrant to improve teacher
preservice and school administrator education programs
or to implement educator and related services personnel
professional development activities in accordance with
the State improvement plan;
(B) identifies the criteria to be used by the local
educational agency or consortium to judge improvements
in preservice education or the effects of professional
development activities in accordance with the State
improvement plan; and
(C) contains any other information that the State
educational agency determines is appropriate.
(3) Authorized activities.--A recipient of a subgrant under
this subsection shall use the subgrant funds for activities
supporting--
(A) the improvement of preservice teacher education
and school administrator programs so that such programs
equip educators with the subject matter and pedagogical
expertise necessary for preparing all students to meet
challenging standards; or
(B) the development and implementation of new and
improved forms of continuing and sustained professional
development opportunities for teachers, related
services personnel, principals, and other educators at
the school or school district level that equip such
individuals with such expertise, and with other
knowledge and skills necessary for leading and
participating in continuous education improvement.
(c) Special Award Rules.--
(1) In general.--(A) Each State educational agency shall
award at least 65 percent of subgrant funds under subsection
(a) in each fiscal year to local educational agencies that have
a greater percentage or number of disadvantaged children than
the statewide average percentage or number for all local
educational agencies in the State.
(B) At least 50 percent of the subgrant funds made
available by a local educational agency to individual schools
under subsection (a) in any fiscal year shall be made available
to schools with a special need for assistance, as indicated by
a high number or percentage of students from low-income
families, low student achievement, or other similar criteria
developed by the local educational agency.
(2) Waiver.--The State educational agency may waive the
requirement of paragraph (1)(A) if such agency does not receive
a sufficient number of applications from local educational
agencies in the State to enable the State educational agency to
comply with such requirement.
SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.
Proportionate to the number of children in a State or in a local
educational agency who are enrolled in private elementary or secondary
schools--
(1) a State educational agency or local educational agency
which uses funds under this title to develop goals, challenging
State content standards or challenging State student
performance standards, curricular materials, and assessments or
systems of assessments shall, upon request, make information
related to such goals, standards, materials, and assessments or
systems available to private schools; and
(2) a State educational agency or local educational agency
which uses funds under this title for teacher and administrator
training shall provide in the State improvement plan described
in section 306 for the training of teachers and administrators
in private schools located in the geographical area served by
such agency.
SEC. 311. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) Waiver Authority.--
(1) In general.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement
applicable to any program or Act described in subsection (b)
for a State educational agency, local educational agency, or
school, if--
(A) and only to the extent that, the Secretary
determines that such requirement impedes the ability of
the State, or of a local educational agency or school
in the State, to carry out the State or local
improvement plan;
(B) the State educational agency has waived, or
agrees to waive, similar requirements of State law;
(C) in the case of a statewide waiver, the State
educational agency--
(i) provides all local educational agencies
in the State with notice and an opportunity to
comment on the State educational agency's
proposal to seek a waiver; and
(ii) submits the local educational
agencies' comments to the Secretary; and
(D) in the case of a local educational agency
waiver, the local educational agency provides parents,
community groups, and advocacy or civil rights groups
with the opportunity to comment on the proposed waiver.
(2) Application.--(A)(i) To request a waiver, a local
educational agency or school that receives funds under this
Act, or a local educational agency or school that does not
receive funds under this Act but is undertaking school reform
efforts and has an education reform plan approved by the State,
shall transmit an application for a waiver under this section
to the State educational agency. The State educational agency
then shall submit approved applications for a waiver under this
section to the Secretary.
(ii) A State educational agency requesting a waiver under
this section shall submit an application for such waiver to the
Secretary.
(B) Each application submitted to the Secretary under
subparagraph (A) shall--
(i) describe the purposes and overall expected
outcomes of the request for a waiver and how progress
for achieving such outcomes will be measured;
(ii) identify each Federal program to be involved
in the request for a waiver and each Federal statutory
or regulatory requirement to be waived;
(iii) describe each State and local requirement
that will be waived; and
(iv) demonstrate that the State has made a
commitment to waive related requirements pertaining to
the State educational agency, local educational agency
or school.
(3) Timeliness.--The Secretary shall act promptly on a
waiver request and shall provide a written statement of the
reasons for granting or denying such request.
(4) Duration.--
(A) In general.--Each waiver under this section may
be for a period not to exceed 5 years.
(B) Extension.--The Secretary may extend the period
described in subparagraph (A) if the Secretary
determines that the waiver has been effective in
enabling the State or affected local educational
agencies to carry out their reform plans.
(b) Included Programs.--The statutory or regulatory requirements
subject to the waiver authority of this section are any such
requirements under the following programs or Acts:
(1) Chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, including Even Start.
(2) Part A of chapter 2 of title I of the Elementary and
Secondary Education Act of 1965.
(3) The Dwight D. Eisenhower Mathematics and Science
Education Act.
(4) The Emergency Immigrant Education Act of 1984.
(5) The Drug-Free Schools and Communities Act of 1986.
(6) The Carl D. Perkins Vocational and Applied Technology
Education Act.
(c) Waivers Not Authorized.--The Secretary may not waive any
statutory or regulatory requirement of the programs or Acts described
in subsection (b)--
(1) relating to--
(A) maintenance of effort;
(B) comparability of services;
(C) the equitable participation of students and
professional staff in private schools;
(D) parental participation and involvement; and
(E) the distribution of funds to States or to local
educational agencies; and
(2) unless the underlying purposes of the statutory
requirements of each program or Act for which a waiver is
granted continue to be met to the satisfaction of the
Secretary.
(d) Termination of Waivers.--The Secretary shall periodically
review the performance of any State, local educational agency, or
school for which the Secretary has granted a waiver and shall terminate
the waiver if the Secretary determines that the performance of the
State, the local educational agency, or the school in the area affected
by the waiver has been inadequate to justify a continuation of the
waiver.
(e) Flexibility Demonstration.--
(1) Short title.--This subsection may be cited as the
``Education Flexibility Partnership Demonstration Act''.
(2) Program authorized.--
(A) In general.--The Secretary shall carry out an
education flexibility demonstration program under which
the Secretary authorizes not more than 6 eligible
States to waive any statutory or regulatory requirement
applicable to any program or Act described in
subsection (b), other than requirements described in
subsection (c), for such eligible State or any local
educational agency or school within such State.
(B) Award rule.--In carrying out subparagraph (A),
the Secretary shall select for participation in the
demonstration program described in subparagraph (A)
three eligible States that each have a population of
3,500,000 or greater and three eligible States that
each have a population of less than 3,500,000,
determined in accordance with the most recent decennial
census of the population performed by the Bureau of the
Census.
(C) Designation.--Each eligible State participating
in the demonstration program described in subparagraph
(A) shall be known as an ``Ed-Flex Partnership State''.
(3) Eligible state.--For the purpose of this subsection the
term ``eligible State'' means a State that--
(A) has developed a State improvement plan under
section 306 that is approved by the Secretary; and
(B) waives State statutory or regulatory
requirements relating to education while holding local
educational agencies or schools within the State that
are affected by such waivers accountable for the
performance of the students who are affected by such
waivers.
(4) State application.--(A) Each eligible State desiring to
participate in the education flexibility demonstration program
under this subsection shall submit an application to the
Secretary at such time, in such manner, and containing such
information as the Secretary may reasonably require. Each such
application shall demonstrate that the eligible State has
adopted an educational flexibility plan for such State that
includes--
(i) a description of the process the eligible State
will use to evaluate applications from local
educational agencies or schools requesting waivers of--
(I) Federal statutory or regulatory
requirements described in paragraph (2)(A); and
(II) State statutory or regulatory
requirements relating to education; and
(ii) a detailed description of the State statutory
and regulatory requirements relating to education that
the eligible State will waive.
(B) The Secretary may approve an application described in
subparagraph (A) only if the Secretary determines that such
application demonstrates substantial promise of assisting the
eligible State and affected local educational agencies and
schools within such State in carrying out comprehensive
educational reform and otherwise meeting the purposes of this
Act, after considering--
(i) the comprehensiveness and quality of the
educational flexibility plan described in subparagraph
(A);
(ii) the ability of such plan to ensure
accountability for the activities and goals described
in such plan;
(iii) the significance of the State statutory or
regulatory requirements relating to education that will
be waived; and
(iv) the quality of the eligible State's process
for approving applications for waivers of Federal
statutory or regulatory requirements described in
paragraph (2)(A) and for monitoring and evaluating the
results of such waivers.
(5) Local application.--(A) Each local educational agency
or school requesting a waiver of a Federal statutory or
regulatory requirement described in paragraph (2)(A) and any
relevant State statutory or regulatory requirement from an
eligible State shall submit an application to such State at
such time, in such manner, and containing such information as
such State may reasonably require. Each such application
shall--
(i) indicate each Federal program affected and the
statutory or regulatory requirement that will be
waived;
(ii) describe the purposes and overall expected
outcomes of waiving each such requirement;
(iii) describe for each school year specific,
measurable, educational goals for each local
educational agency or school affected by the proposed
waiver; and
(iv) explain why the waiver will assist the local
educational agency or school in reaching such goals.
(B) An eligible State shall evaluate an application
submitted under subparagraph (A) in accordance with the State's
educational flexibility plan described in paragraph (4)(A).
(C) An eligible State shall not approve an application for
a waiver under this paragraph unless--
(i) the local educational agency or school
requesting such waiver has developed a local reform
plan that is applicable to such agency or school,
respectively; and
(ii) the waiver of Federal statutory or regulatory
requirements described in paragraph (2)(A) will assist
the local educational agency or school in reaching its
educational goals.
(6) Monitoring.--Each eligible State participating in the
demonstration program under this subsection shall annually
monitor the activities of local educational agencies and
schools receiving waivers under this subsection and shall
submit an annual report regarding such monitoring to the
Secretary.
(7) Duration of federal waivers.--(A) The Secretary shall
not approve the application of an eligible State under
paragraph (4) for a period exceeding 5 years, except that the
Secretary may extend such period if the Secretary determines
that the eligible State's authority to grant waivers has been
effective in enabling such State or affected local educational
agencies or schools to carry out their local reform plans.
(B) The Secretary shall periodically review the performance
of any eligible State granting waivers of Federal statutory or
regulatory requirements described in paragraph (2)(A) and shall
terminate such State's authority to grant such waivers if the
Secretary determines, after notice and opportunity for hearing,
that such State's performance has been inadequate to justify
continuation of such authority.
(f) Results-Oriented Accountability.--In deciding whether to extend
a request for a waiver under this section the Secretary shall review
the progress of the State educational agency, local educational agency
or school receiving a waiver to determine if such agency or school has
made progress toward achieving the outcomes described in the
application submitted pursuant to subsection (a)(2)(B)(i).
SEC. 312. PROGRESS REPORTS.
(a) State Reports to the Secretary.--Each State educational agency
that receives an allotment under this title shall annually report to
the Secretary--
(1) on the State's progress in meeting the State's goals
and plans;
(2) on the State's proposed activities for the succeeding
year; and
(3) in summary form, on the progress of local educational
agencies in meeting local goals and plans.
(b) Secretary's Reports to Congress.--By April 30, 1996, and every
2 years thereafter, the Secretary shall submit a report to the
Committee on Education and Labor of the House of Representatives and
the Committee on Labor and Human Resources of the Senate describing--
(1) the activities assisted under, and outcomes of, grants
or contracts under paragraph (2) of section 313(b), including--
(A) a description of the purpose, uses, and
technical merit of assessments evaluated with funds
awarded under such paragraph; and
(B) an analysis of the impact of such assessments
on the performance of students, particularly students
of different racial, gender, ethnic, or language groups
and individuals with disabilities;
(2) the activities assisted under, and outcomes of,
allotments under this title; and
(3) the effect of waivers granted under section 311,
including--
(A) a listing of all State educational agencies,
local educational agencies and schools seeking and
receiving waivers;
(B) a summary of the State and Federal statutory or
regulatory requirements that have been waived,
including the number of waivers sought and granted
under each such statutory or regulatory requirement;
(C) a summary of waivers that have been terminated,
including a rationale for the terminations; and
(D) recommendations to the Congress regarding
changes in statutory or regulatory requirements,
particularly those actions that should be taken to
overcome Federal statutory or regulatory impediments to
education reform.
(c) Technical and Other Assistance Regarding School Finance
Equity.--
(1) Technical assistance.--(A) From the national leadership
funds reserved in section 304(a)(2)(A), the Secretary is
authorized to make grants to, and enter into contracts and
cooperative agreements with, State educational agencies and
other public and private agencies, institutions, and
organizations to provide technical assistance to State and
local educational agencies to assist such agencies in achieving
a greater degree of equity in the distribution of financial
resources for education among local educational agencies in the
State.
(B) A grant, contract or cooperative agreement under this
subsection may support technical assistance activities, such
as--
(i) the establishment and operation of a center or
centers for the provision of technical assistance to
State and local educational agencies;
(ii) the convening of conferences on equalization
of resources within local educational agencies, within
States, and among States; and
(iii) obtaining advice from experts in the field of
school finance equalization.
(2) Data.--Each State educational agency or local
educational agency receiving assistance under the Elementary
and Secondary Education Act of 1965 shall provide such data and
information on school finance as the Secretary may require to
carry out this subsection.
(3) Models.--The Secretary is authorized, directly or
through grants, contracts, or cooperative agreements, to
develop and disseminate models and materials useful to States
in planning and implementing revisions of the school finance
systems of such States.
SEC. 313. NATIONAL LEADERSHIP.
(a) Technical Assistance and Integration of Standards.--From funds
reserved in each fiscal year under section 304(a)(2)(A), the Secretary
may, directly or through grants or contracts--
(1) provide technical assistance to States, local
educational agencies, and tribal agencies developing or
implementing school improvement plans, in a manner that ensures
that such assistance is broadly available; or
(2) support model projects to integrate multiple content
standards, if--
(A) such standards are certified by the National
Education Standards and Improvement Council and
approved by the National Goals Panel for different
subject areas, in order to provide balanced and
coherent instructional programs for all students; and
(B) such projects are appropriate for a wide range
of diverse circumstances, localities (including both
urban and rural communities), and populations.
(b) Innovative Programs; Assessment; Evaluation.--From not more
than 50 percent of the funds reserved in each fiscal year under section
304(a)(2)(A), the Secretary, directly or through grants or contracts,
shall--
(1) provide urban and rural local educational agencies,
schools, or consortia thereof, with assistance for innovative
or experimental programs in systemic education reform that are
not being undertaken through grants provided under section
309(a), giving special consideration or priority to local
educational agencies, schools, or consortia thereof that serve
large numbers or concentrations of economically disadvantaged
students, including students of limited-English proficiency; or
(2) provide a State or local educational agency, nonprofit
organization or consortium thereof with assistance to help
defray the cost of developing, field testing and evaluating an
assessment or system of assessments with a priority on grants
or contracts for limited-English proficiency students or
students with disabilities, if--
(A) such assessment or system--
(i) is to be used for some or all of the
purposes described in section 213(e)(1)(B); and
(ii) is aligned to State content standards
certified by the National Education Standards
and Improvement Council; and
(B) such agency, organization or consortium--
(i) examines the validity, reliability, and
fairness of such assessment or system, for the
particular purposes for which such assessment
or system was developed; and
(ii) devotes special attention to how such
assessment or system treats all students,
especially with regard to the race, gender,
ethnicity, disability and language proficiency
of such students.
(c) Data and Dissemination.--The Secretary shall--
(1) gather data on, conduct research on, and evaluate
systemic education improvement, including the programs
authorized by this title; and
(2) disseminate research findings and other information on
outstanding examples of systemic education improvement in
States and local communities through existing dissemination
systems within the Department of Education, including through
publications, electronic and telecommunications mediums,
conferences, and other means.
SEC. 314. ASSISTANCE TO THE OUTLYING AREAS AND TO THE SECRETARY OF THE
INTERIOR.
(a) Outlying Areas.--
(1) In general.--Funds reserved for the outlying areas in
each fiscal year under section 304(a)(1)(A) shall be made
available to, and expended by, such areas, under such
conditions and in such manner as the Secretary determines will
best meet the purposes of this title.
(2) Inapplicability of public law 95-134.--The provisions
of Public Law 95-134, permitting the consolidation of grants to
the Insular Areas, shall not apply to funds received by such
areas under this title.
(b) Secretary of the Interior.--The funds reserved by the Secretary
for the Secretary of the Interior under section 304(a)(1)(B) shall be
made available to the Secretary of the Interior pursuant to an
agreement between the Secretary and the Secretary of the Interior
containing such terms and assurances, consistent with this title, as
the Secretary determines will best achieve the purpose of this title.
(c) Secretary of Defense.--The Secretary shall consult with the
Secretary of Defense to ensure that, to the extent practicable, the
purposes of this title are applied to the Department of Defense
schools.
SEC. 315. CLARIFICATION REGARDING STATE STANDARDS AND ASSESSMENTS.
Notwithstanding any other provision of this title, standards,
assessments, and systems of assessments described in a State
improvement plan submitted in accordance with section 306 shall not be
required to be certified by the Council.
SEC. 316. STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT THROUGH
INTEGRATION OF TECHNOLOGY INTO THE CURRICULUM.
(a) Purpose.--It is the purpose of this section to assist each
State to plan effectively for improved student learning in all schools
through the use of technology as an integral part of the State
improvement plan described in section 306.
(b) Program Authorized.--
(1) Authority.--The Secretary shall award grants in
accordance with allocations under paragraph (2) to each State
educational agency that, as part of its application under
section 305, requests a grant to develop (or continue the
development of), and submits as part of the State improvement
plan described in section 306, a systemic statewide plan to
increase the use of state-of-the-art technologies that enhance
elementary and secondary student learning and staff development
in support of the National Education Goals and challenging
standards.
(2) Formula.--From the amount appropriated pursuant to the
authority of subsection (f) in each fiscal year, each State
educational agency with an application approved under section
305 shall receive a grant under paragraph (1) in such year in
an amount determined on the same basis as allotments are made
to State educational agencies under subsections (b) and (c) of
section 304 for such year, except that each such State shall
receive at least 1\1/2\ percent of the amount appropriated
pursuant to such authority or $75,000, whichever is greater.
(3) Duration.--A State educational agency may receive
assistance under this section for not more than 2 fiscal years.
(c) Plan Objectives.--Each State educational agency shall use funds
received under this section to develop and, if the Secretary has
approved the systemic statewide plan, to implement such plan. Such plan
shall have as its objectives--
(1) the promotion of higher student achievement through the
use of technology in education;
(2) the participation of all schools and school districts
in the State, especially those schools and districts with a
high percentage of disadvantaged students;
(3) the development and implementation of a cost-effective,
high-speed, statewide, interoperable, wide-area-communication
educational technology support system for elementary and
secondary schools within the State, particularly for such
schools in rural areas; and
(4) the promotion of shared usage of equipment, facilities,
and other technology resources by adult learners during after-
school hours.
(d) Plan Requirements.--At a minimum, each systemic statewide plan
shall--
(1) be developed by a task force that--
(A) includes among its members experts in the
educational use of technology and representatives of
the State panel described in section 306(b); and
(B) ensures that such plan is integrated into the
State improvement plan described in section 306;
(2) be developed in collaboration with the Governor,
representatives of the State legislature, the State board of
education, institutions of higher education, appropriate State
agencies, local educational agencies, public and private
telecommunication entities, parents, public and school
libraries, students, adult literacy providers, and leaders in
the field of technology, through a process of statewide
grassroots outreach to local educational agencies and schools
in the State;
(3) identify and describe the requirements for introducing
state-of-the-art technologies into the classroom and school
library in order to enhance educational curricula, including
the installation and ongoing maintenance of basic connections,
hardware and the necessary support materials;
(4) describe how the application of advanced technologies
in the schools will enhance student learning, provide greater
access to individualized instruction, promote the strategies
described in section 306(d), and help make progress toward the
achievement of the National Education Goals;
(5) describe how the ongoing training of educational
personnel will be provided;
(6) describe the resources necessary, and procedures, for
providing ongoing technical assistance to carry out such plan;
(7) provide for the dissemination on a statewide basis of
exemplary programs and practices relating to the use of
technology in education;
(8) establish a funding estimate (including a statement of
likely funding sources) and a schedule for the development and
implementation of such plan;
(9) describe how the State educational agency will assess
the impact of implementing such plan on student achievement and
aggregate achievement for schools;
(10) describe how the State educational agency and local
educational agencies in the State will coordinate and cooperate
with business and industry, and with public and private
telecommunications entities;
(11) describe how the State educational agency will promote
the purchase of equipment by local educational agencies that,
when placed in schools, will meet the highest possible level of
interoperability and open system design;
(12) describe how the State educational agency will
consider using existing telecommunications infrastructure and
technology resources;
(13) describe how the State educational agency will apply
the uses of technology to meet the needs of children from low-
income families; and
(14) describe the process through which such plan will be
reviewed and updated periodically.
(e) Reports.--Each State educational agency receiving a grant under
this section shall submit a report to the Secretary within 1 year of
the date such agency submits to the Secretary its systemic statewide
plan under this section. Such report shall--
(1) describe the State's progress toward implementation of
the provisions of such plan;
(2) describe any revisions to the State's long-range plans
for technology;
(3) describe the extent to which resources provided
pursuant to such plan are distributed among schools to promote
the strategies described in section 306(d); and
(4) include any other information the Secretary deems
appropriate.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for fiscal year 1994, and such sums as may be
necessary for fiscal year 1995, to carry out this section.
TITLE IV--MISCELLANEOUS
SEC. 401. PUBLIC SCHOOLS.
Except as provided in section 310, nothing in this Act shall be
construed to authorize the use of funds under title III of this Act to
directly or indirectly benefit any school other than a public school.
SEC. 402. CONSTRUCTION.
Nothing in this Act shall be construed--
(1) to supersede the provisions of section 103 of the
Department of Education Organization Act;
(2) to require the teaching of values or the establishment
of school-based clinics as a condition of receiving funds under
this Act;
(3) to mandate limitations or class size for a State, local
educational agency or school;
(4) to mandate a Federal teacher certification system for a
State, local educational agency or school;
(5) to mandate teacher instructional practices for a State,
local educational agency or school;
(6) to mandate equalized spending per pupil for a State,
local educational agency or school;
(7) to mandate national school building standards for a
State, local educational agency or school;
(8) to mandate curriculum content for a State, local
educational agency or school; and
(9) to mandate any curriculum framework, instructional
material, examination, assessment or system of assessments for
private, religious, or home schools.
SEC. 403. KHALID ABDUL MOHAMMED.
It is the sense of the Senate that the speech made by Mr. Khalid
Abdul Mohammed at Kean College on November 29, 1993, was false, anti-
Semitic, racist, divisive, repugnant and a disservice to all Americans
and is therefore condemned.
SEC. 404. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND CONTROL.
Nothing in this Act shall be construed to authorize an officer or
employee of the Federal Government to mandate, direct, or control a
State, local educational agency, or school's curriculum, program of
instruction, or allocation of State or local resources or mandate a
State or any subdivision thereof to spend any funds or incur any costs
not paid for under this Act.
SEC. 405. SCHOOL PRAYER.
No funds made available through the Department of Education under
this Act, or any other Act, shall be available to any State of local
educational agency which has a policy of denying, or which effectively
prevents participation in, constitutionality protected prayer in public
schools by individuals on a voluntary basis. Neither the United States
nor any State nor any local educational agency shall require any person
to participate in prayer or influence the form or content of any
constitutionality protected prayer in such public schools.
SEC. 406. DAILY SILENCE FOR STUDENTS.
It is the sense of the Senate that local educational agencies
should encourage a brief period of daily silence for students for the
purpose of contemplating their aspirations; for considering what they
hope and plan to accomplish that day; for considering how their own
actions of that day will effect themselves and others around them,
including their schoolmates, friends and families; for drawing strength
from whatever personal, moral or religious beliefs or positive values
they hold; and for such other introspection and reflection as will help
them develop and prepare them for achieving the goals of this Act.
SEC. 407. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT.
(a) The Senate finds that--
(1) the Individuals with Disabilities Education Act was
established with the commitment of forty percent Federal
funding but currently receives only eight percent Federal
funding;
(2) this funding shortfall is particularly burdensome to
school districts and schools in low-income areas which serve
higher than average proportions of students with disabilities
and have fewer local resources to contribute; and
(3) it would cost the Federal Government approximately
$10,000,000,000 each year to fully fund the Individuals with
Disabilities Education Act.
(b) It is the sense of the Senate that the Federal Government
should provide States and communities with adequate resources under the
Individuals with Disabilities Education Act as soon as reasonably
possible, through the reallocation of funds within the current budget
monetary constraints.
SEC. 408. NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS.
Section 551 of the Higher Education Act of 1965 (20 U.S.C. 1107) is
amended--
(1) in paragraph (1) of subsection (b), by striking ``the
Federal share of'';
(2) in subparagraph (B) of subsection (e)(1), by striking
``share of the cost of the activities of the Board is'' and
inserting ``contributions described in subsection (f) are'';
and
(3) by amending subsection (f) to read as follows:
``(f) Matching Funds Requirement.--
``(1) In general.--The Secretary shall not provide
financial assistance under this subpart to the Board unless the
Board agrees to expend non-Federal contributions equal to $1
for every $1 of the Federal funds provided pursuant to such
financial assistance.
``(2) Non-federal contributions.--The non-Federal
contributions described in paragraph (1)--
``(A) may include all non-Federal funds raised by
the Board on or after January 1, 1987; and
``(B) may be used for outreach, implementation,
administration, operation, and other costs associated
with the development and implementation of national
teacher assessment and certification procedures under
this subpart.''.
SEC. 409. FORGIVENESS OF CERTAIN OVERPAYMENTS.
(a) In General.--Notwithstanding section 1401 of the Elementary and
Secondary Education Act of 1965 or any other provision of law--
(1) the allocation of funds appropriated for fiscal year
1993 under the Department of Education Appropriations Act,
1993, to Colfax County, New Mexico under section 1005 of the
Elementary and Secondary Education Act of 1965, and any other
allocations or grants for such fiscal year resulting from such
allocation to such county under any program administered by the
Secretary of Education, shall be deemed to be authorized by
law; and
(2) in any program for which allocations are based on
fiscal year 1993 allocations under section 1005 of such Act,
the fiscal year 1993 allocations under such section deemed to
be authorized by law in accordance with paragraph (1) shall be
used.
(b) Notwithstanding subsection (a)(1) of this section, in carrying
out section 1403(a) of the Elementary and Secondary Education Act of
1965 for fiscal year 1994, the amount allocated to Colfax County, New
Mexico under section 1005 of such Act for fiscal year 1993 shall be
deemed to be the amount that the Secretary determines would have been
allocated under such section 1005 had the correct data been used for
fiscal year 1993.
SEC. 410. STUDY OF GOALS 2000 AND STUDENTS WITH DISABILITIES.
(a) Study Required.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Education shall make
appropriate arrangements with the National Academy of Sciences
to conduct a comprehensive study of the inclusion of children
with disabilities in GOALS 2000 school reform activities.
(2) Definition.--For purposes of this section, the term
``children with disabilities'' has the same meaning given such
in the Individuals with Disabilities Education Act.
(b) Study Components.--The study conducted under subsection (a)
shall include--
(1) an evaluation of the National Education Goals and
objectives, curriculum reforms, standards, and other programs
and activities intended to achieve those goals;
(2) a review of the adequacy of assessments and measures
used to gauge progress towards meeting National Education Goals
and any national and State standards, and an examination of
other methods or accommodations necessary or desirable to
collect data on the educational progress of children with
disabilities, and the costs of such methods and accommodations;
(3) an examination of what incentives or assistance might
be provided to States to develop improvement plans that
adequately address the needs of children with disabilities;
(4) the relation of Goals 2000 to other Federal laws
governing or affecting the education of children with
disabilities; and
(5) such other issues as the National Academy of Sciences
considers appropriate.
(c) Study Panel Membership.--Any panel constituted in furtherance
of the study to be conducted under subsection (a) shall include
consumer representatives.
(d) Findings and Recommendations.--The Secretary of Education shall
request the National Academy of Sciences to submit an interim report of
its findings and recommendations to the President and Congress not
later than 12 months, and a final report not later than 24 months, from
the date of the completion of procurement relating to the study.
(e) Funding.--From such accounts as the Secretary deems
appropriate, the Secretary shall make available $600,000 for fiscal
year 1994, and such sums as may be necessary for fiscal year 1995, to
carry out this section. Amounts made available under this subsection
shall remain available until expended.
SEC. 411. MENTORING, PEER COUNSELING AND PEER TUTORING.
(a) Congressional Findings.--The Congress finds that--
(1) Mentoring, peer counseling and peer tutoring programs
provide role models for children and build self-esteem;
(2) Mentoring, peer counseling and peer tutoring programs
promote learning and help students attain the necessary skills
they need to excel academically;
(3) Mentoring, peer counseling, and peer tutoring programs
provide healthy and safe alternatives to involvement in drugs,
gangs or other violent activities; and
(4) Mentoring, peer counseling, and peer tutoring programs
promote school, community and parental involvement in the
livelihood and well-being of our children.
(b) Sense of the Congress.--Therefore, it is the Sense of the
Congress that Federal education programs that provide assistance to
elementary and secondary education students should include
authorizations for establishing mentoring, peer counseling and peer
tutoring programs.
SEC. 412. CONTENT AND PERFORMANCE STANDARDS.
It is the sense of the Senate that because high academic standards
are the key to excellence for all students and a focus on results is an
important direction for education reform, it is the sense of the Senate
that States should develop their own content and performance standards
in academic subject areas as an essential part of their State reform
plan.
SEC. 413. STATE-SPONSORED HIGHER EDUCATION TRUST FUND SAVINGS PLAN.
It is the sense of the Senate that--
(1) individuals should be encouraged to save to meet the
higher education costs of their children;
(2) an effective way to encourage those savings is through
State-sponsored higher education trust fund savings plans; and
(3) an effective way for the Federal Government to assist
such plans is to amend the Federal tax laws to provide that--
(A) no tax is imposed on the earnings on
contributions to the plans if the earnings are used for
higher education costs,
(B) State organizations sponsoring the plans are
exempt from Federal taxation, and
(C) any charitable gift to the plans are tax-
deductible and are distributed to recipients on a pro
rata basis.
SEC. 414. AMENDMENTS TO SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAM.
(a) Program Design.--
(1) Academic enrichment authorized.--Paragraph (1) of
section 253(a) of the Job Training Partnership Act is amended
by inserting ``academic enrichment'' after ``remedial
education,''.
(2) Required services and design.--
(A) Subsection (c) of such section 253 is amended
by adding at the end the following new paragraphs:
``(3) Basic education and preemployment training.--The
programs under this part shall provide, either directly or
through arrangements with other programs, each of the following
services to a participant where the assessment and the service
strategy indicate such services are appropriate:
``(A) Basic and Remedial Education.
``(B) Preemployment and Work Maturity Skills
Training.
``(4) Integration of work and learning.--
``(A) Work experience.--Work experience provided
under this part, to the extent feasible, shall include
contextual learning opportunities which integrate the
development of general competencies with the
development of academic skills.
``(B) Classroom training.--Classroom training
provided under this part shall, to the extent feasible,
include opportunities to apply knowledge and skills
relating to academic subjects to the world of work.''.
(B) Section 253 of the Job Training Partnership Act
is further amended by adding at the end the following
new subsection:
``(e) Educational Linkages.--In conducting the program assisted
under this part, service delivery areas shall establish linkages with
the appropriate educational agencies responsible for service to
participants. Such linkages shall include arrangements to ensure that
there is a regular exchange of information relating to the progress,
problems and needs of participants, including the results of
assessments of the skill levels of participants.''.
(C) Section 254 of the Job Training Partnership Act
is amended by adding at the end the following new
subsection:
``(c) Prohibition on Private Actions.--Nothing in this part shall
be construed to establish a right for a participant to bring an action
to obtain services described in the assessment or service strategy
developed under section 253(c).''.
(b) Transfer of Funds to Year Round Program.--Section 256 of the
Job Training Partnership Act is amended by striking ``10 percent'' and
inserting ``20 percent''.
SEC. 415. STATE AND LOCAL GOVERNMENT CONTROL OF EDUCATION.
(a) Findings.--
(1) Congress is interested in promoting State and local
government reform efforts in education;
(2) In Public Law 96-88 the Congress found that education
is fundamental to the development of individual citizens and
the progress of the Nation;
(3) In Public Law 96-88 the Congress found that in our
Federal system the responsibility for education is reserved
respectively to the States and the local school systems and
other instrumentalities of the States;
(4) In Public Law 96-88 the Congress declared the purpose
of the Department of Education was to supplement and complement
the efforts of States, the local school systems, and other
instrumentalities of the States, the private sector, public and
private educational institutions, public and private nonprofit
educational research institutions, community based
organizations, parents and schools to improve the quality of
education;
(5) The establishment of the Department of Education,
Congress intended to protect the rights of State and local
governments and public and private educational institutions in
the areas of educational policies and administration of
programs and to strengthen and improve the control of such
governments and institutions over their own educational
programs and policies;
(6) Public Law 96-88 specified that the establishment of
the Department of Education shall not increase the authority of
the Federal Government over education or diminish the
responsibility for education which is reserved to the States
and local school systems and other instrumentalities of the
States;
(7) Public Law 96-88 specified that no provision of a
program administered by the Secretary or by any other officer
of the Department shall be construed to authorize the Secretary
or any such officer to exercise any direction, supervision, or
control over the curriculum, program of instruction,
administration, or personnel of any educational institution,
school, or school system, over any accrediting agency or
association or over the selection or content of library
resources, textbooks, or other instructional materials by any
educational institution or school system, now therefore
(b) Reaffirmation.--The Congress agrees and reaffirms that the
responsibility for control of education is reserved to the States and
local school systems and other instrumentalities of the States and that
no action shall be taken under the provisions of this Act by the
Federal Government which would, directly or indirectly, impose
standards or requirements of any kind through the promulgation of
rules, regulations, provision of financial assistance and otherwise,
which would reduce, modify, or undercut State and local responsibility
for control of education.
SEC. 416. PROTECTION OF PUPILS.
Section 439 of the General Education Provisions Act is amended to
read as follows:
``Protection of Pupil Rights
``Sec. 439. (a) All instructional materials, including teacher's
manuals, films, tapes, or other supplementary material which will be
used in connection with any survey, analysis, or evaluation as part of
any applicable program shall be available for inspection by the parents
or guardians of the children.
``(b) No student shall be required, as part of any applicable
program, to submit to a survey, analysis, or evaluation that reveals
information concerning:
``(1) political affiliations;
``(2) mental and psychological problems potentially
embarrassing to the student or his family;
``(3) sex behavior and attitudes;
``(4) illegal, anti-social, self-incriminating and
demeaning behavior;
``(5) critical appraisals of other individuals with whom
respondents have close family relationships;
``(6) legally recognized privileged or analogous
relationships, such as those of lawyers, physicians, and
ministers; or
``(7) income (other than that required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such program),
without the prior consent of the student (if the student is an adult or
emancipated minor), or in the case of an unemancipated minor, without
the prior written consent of the parent.
``(c) Educational agencies and institutions shall give parents and
students effective notice of their rights under this section.
``(d) Enforcement.--The Secretary shall take such action as the
Secretary determines appropriate to enforce this section, except that
action to terminate assistance provided under an applicable program
shall be taken only if the Secretary determines that--
``(1) there has been a failure to comply with such section;
and
``(2) compliance with such section cannot be secured by
voluntary means.
``(e) Office and Review Board--The Secretary shall establish or
designate an office and review board within the Department of Education
to investigate, process, review, and adjudicate violations of the
rights established under this section.''.
SEC. 417. CONTRACEPTIVE DEVICES.
The Department of Health and Human Services and the Department of
Education shall ensure that all federally funded programs which provide
for the distribution of contraceptive devices to unemancipated minors
develop procedures to encourage, to the extent practical, family
participation in such programs.
SEC. 418. EDUCATIONAL AGENCIES NOT DENIED FUNDS FOR ADOPTING
CONSTITUTIONAL POLICY RELATIVE TO PRAYER IN SCHOOLS.
Notwithstanding any other provision of this Act, no funds made
available through the Department of Education under this Act, or any
other Act, shall be denied to any State or local educational agency
because it has adopted a constitutional policy relative to prayer in
public school.
TITLE V--NATIONAL SKILL STANDARDS BOARD
SEC. 501. SHORT TITLE.
This title may be cited as the ``National Skill Standards Act of
1994''.
SEC. 502. PURPOSE.
It is the purpose of this title to establish a National Board to
serve as a catalyst in stimulating the development and adoption of a
voluntary national system of skill standards and of assessment and
certification--
(1) that will serve as a cornerstone of the national
strategy to enhance work force skills;
(2) that will result in increased productivity, economic
growth, and American economic competitiveness; and
(3) that can be used, consistent with civil rights laws--
(A) by the Nation, to ensure the development of a
high skills, high quality, high performance work force,
including the most skilled front-line work force in the
world;
(B) by industries, as a vehicle for informing
training providers and prospective employees of skills
necessary for employment;
(C) by employers, to assist in evaluating the skill
levels of prospective employees and to assist in the
training of current employees;
(D) by labor organizations, to enhance the
employment security of workers by providing portable
credentials and skills;
(E) by workers, to--
(i) obtain certifications of their skills
to protect against dislocation;
(ii) pursue career advancement; and
(iii) enhance their ability to reenter the
work force;
(F) by students and entry level workers, to
determine the skill levels and competencies needed to
be obtained in order to compete effectively for high
wage jobs;
(G) by training providers and educators, to
determine appropriate training services to be offered
by the providers and educators;
(H) by Government, to evaluate whether publicly
funded training assists participants to meet skill
standards where such standards exist and thereby
protect the integrity of public expenditures; and
(I) to facilitate linkages between other components
of the work force investment strategy, including
school-to-work transition and job training programs.
SEC. 503. ESTABLISHMENT OF NATIONAL BOARD.
(a) In General.--There is established a National Skill Standards
Board (hereafter referred to in this title as the ``National Board'').
(b) Composition.--
(1) In general.--The National Board shall be composed of 28
members (appointed in accordance with paragraph (3)), of whom--
(A) one member shall be the Secretary of Labor;
(B) one member shall be the Secretary of Education;
(C) one member shall be the Secretary of Commerce;
(D) one member shall be the Chairperson of the
National Education Standards and Improvement Council
established pursuant to section 212(a);
(E) eight members shall be representatives of
business (including representatives of small employers
and representatives of large employers) selected from
among individuals recommended by recognized national
business organizations or trade associations;
(F) eight members shall be representatives of
organized labor selected from among individuals
recommended by recognized national labor federations;
and
(G)(i) four members shall be certified human
resource professionals;
(ii) three members shall be representatives of
educational institutions (including vocational-
technical institutions); and
(iii) one member shall be a representative of
nongovernmental organizations with a demonstrated
history of successfully protecting the rights of
racial, ethnic or religious minorities, women, persons
with disabilities, or older persons.
(2) Special requirements.--The members described in
subparagraph (G) of paragraph (1) shall have expertise in the
area of education and training. The members described in
subparagraphs (E), (F), and (G) of paragraph (1) shall, in the
aggregate, represent a broad cross-section of occupations and
industries.
(3) Appointment.--The membership of the National Board
shall be appointed as follows:
(A) Twelve members (four from each class of members
described in subparagraphs (E), (F), and (G) of
paragraph (1)) shall be appointed by the President.
(B) Six members (two from each class of members
described in subparagraphs (E), (F), and (G) of
paragraph (1)) shall be appointed by the Speaker of the
House of Representatives. Of the members so appointed,
three members (one from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1))
shall be selected from recommendations made by the
Majority Leader of the House of Representatives and
three members (one from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1))
shall be selected from recommendations made by the
Minority Leader of the House of Representatives.
(C) Six members (two from each class of members
described in subparagraphs (E), (F), and (G) of
paragraph (1)) shall be appointed by the President pro
tempore of the Senate. Of the members so appointed,
three members (one from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1))
shall be selected from recommendations made by the
Majority Leader of the Senate and three members (one
from each class of members described in subparagraphs
(E), (F), and (G) of paragraph (1)) shall be selected
from recommendations made by the Minority Leader of the
Senate.
(4) Ex officio nonvoting members.--The members of the
National Board specified in subparagraphs (A), (B), (C), and
(D) of paragraph (1) shall be ex officio, nonvoting members of
the National Board.
(5) Term.--Each member of the National Board appointed
under subparagraph (E), (F), or (G) of paragraph (1) shall be
appointed for a term of 4 years, except that of the initial
members of the Board appointed under such subparagraphs--
(A) twelve members shall be appointed for a term of
3 years (four from each class of members described in
subparagraphs (E), (F), and (G) of paragraph (1)), of
whom--
(i) two from each such class shall be
appointed in accordance with paragraph (3)(A);
(ii) one from each such class shall be
appointed in accordance with paragraph (3)(B);
and
(iii) one from each such class shall be
appointed in accordance with paragraph (3)(C);
and
(B) twelve members shall be appointed for a term of
4 years (four from each class of members described in
subparagraphs (E), (F), and (G) of paragraph (1)), of
whom--
(i) two from each such class shall be
appointed in accordance with paragraph (3)(A);
(ii) one from each such class shall be
appointed in accordance with paragraph (3)(B);
and
(iii) one from each such class shall be
appointed in accordance with paragraph (3)(C).
(6) Vacancies.--Any vacancy in the National Board shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(c) Chairperson and Vice Chairpersons.--
(1) Chairperson.--
(A) In general.--Except as provided in subparagraph
(B), the National Board, by majority vote, shall elect
a Chairperson once every 2 years from among the members
of the National Board.
(B) Initial chairperson.--The first Chairperson of
the National Board shall be elected, by a majority vote
of the National Board, from among the members who are
representatives of business (as described in
subparagraph (E) of subsection (b)(1)) and shall serve
for a term of 2 years.
(2) Vice chairpersons.--The National Board, by majority
vote, shall annually elect 3 Vice Chairpersons (each
representing a different class of the classes of members
described in subparagraphs (E), (F), and (G) of subsection
(b)(1) and each of whom shall serve for a term of 1 year) from
among its members appointed under subsection (b)(3).
(d) Compensation and Expenses.--
(1) Compensation.--Members of the National Board who are
not full-time employees or officers of the Federal Government
shall serve without compensation.
(2) Expenses.--The members of the National Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57, title 5, United States Code,
while away from their homes or regular places of business in
the performance of services for the National Board.
(e) Executive Director and Staff.--
(1) Executive director.--The Chairperson of the National
Board shall appoint an Executive Director who shall be
compensated at a rate determined by the National Board not to
exceed the rate of pay for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(2) Staff.--The Executive Director may appoint and
compensate such additional staff as may be necessary to enable
the Board to perform its duties. The Executive Director may fix
the compensation of the staff without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions and
General Schedule pay rates, except that the rate of pay for the
staff may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(f) Gifts.--The National Board is authorized, in carrying out this
title, to accept and employ or dispose of in furtherance of the
purposes of this title, any money or property, real, personal, or
mixed, tangible or intangible, received by gift, devise, bequest, or
otherwise, and to accept voluntary and uncompensated services
notwithstanding the provisions of section 1342 of title 31, United
States Code.
(g) Agency Support.--
(1) Use of facilities.--The National Board may use the
research, equipment, services and facilities of any agency or
instrumentality of the United States with the consent of such
agency or instrumentality.
(2) Staff of federal agencies.--Upon the request of the
National Board, the head of any Federal agency of the United
States may detail to the National Board, on a reimbursable
basis, any of the personnel of such Federal agency to assist
the National Board in carrying out this title. Such detail
shall be without interruption or loss of civil service status
or privilege.
(h) Procurement of Temporary and Intermittent Services.--The
Chairperson of the National Board may procure temporary and
intermittent services of experts and consultants under section 3109(b)
of title 5, United States Code.
(i) Termination of the Commission.--Section 14(a)(2) of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to
the termination of the National Board.
SEC. 504. FUNCTIONS OF THE NATIONAL BOARD.
(a) Identification of Occupations.--The National Board, after
extensive public consultation, shall identify broad clusters of major
occupations that involve one or more than one industry in the United
States.
(b) Establishment of Voluntary Partnerships To Develop Standards.--
(1) In general.--For each of the occupational clusters
identified pursuant to subsection (a), the National Board shall
encourage and facilitate the establishment of voluntary
partnerships to develop a skill standards system in accordance
with subsection (d).
(2) Representatives.--Such voluntary partnerships shall
include the full and balanced participation of--
(A)(i) representatives of business (including
representatives of large employers and representatives
of small employers) who have expertise in the area of
work force skill requirements, and who are recommended
by national business organizations or trade
associations representing employers in the occupation
or industry for which a standard is being developed;
and
(ii) representatives of trade associations that
have received grants from the Department of Labor or
the Department of Education to establish skill
standards prior to the date of enactment of this title;
(B) employee representatives who--
(i) have expertise in the area of work
force skill requirements; and
(ii) shall be--
(I) individuals recommended by
recognized national labor organizations
representing employees in the
occupation or industry for which a
standard is being developed; and
(II) such individuals who are
nonmanagerial employees with
significant experience and tenure in
such occupation or industry as are
appropriate given the nature and
structure of employment in the
occupation or industry; and
(C) representatives of--
(i) educational institutions;
(ii) community-based organizations;
(iii) State and local agencies with
administrative control or direction over
education or over employment and training;
(iv) other policy development organizations
with expertise in the area of work force skill
requirements; or
(v) nongovernmental organizations with a
demonstrated history of successfully protecting
the rights of racial, ethnic, or religious
minorities, women, persons with disabilities,
or older persons.
(3) Experts.--The partnerships described in paragraph (2)
may also include other individuals who are independent,
qualified experts in their fields.
(c) Research, Dissemination, and Coordinations.--In order to
support the activities described in subsections (b) and (d), the
National Board shall--
(1) conduct work force research relating to skill standards
and make the results of such research available to the public,
including the voluntary partnerships described in subsection
(b);
(2) identify and maintain a catalog of skill standards used
by other countries and by States and leading firms and
industries in the United States;
(3) serve as a clearinghouse to facilitate the sharing of
information on the development of skill standards and other
relevant information among representatives of occupations and
industries identified pursuant to subsection (a), and among
education and training providers;
(4) develop a common nomenclature relating to skill
standards;
(5) encourage the development and adoption of curricula and
training materials, for attaining the skill standards endorsed
pursuant to subsection (d), that provide for structured work
experiences and related study programs leading to progressive
levels of professional and technical certification;
(6) provide appropriate technical assistance to voluntary
partnerships involved in the development of standards and
systems described in subsection (b); and
(7) facilitate coordination among voluntary partnerships
that meet the requirements of subsection (b)(2) in order to
promote the development of a coherent national system of
voluntary skill standards.
(d) Endorsement of Skill Standards Systems.--
(1) In general.--The National Board, after public review
and comment, shall endorse skill standards systems relating to
the occupational clusters identified pursuant to subsection (a)
that--
(A) meet the requirements of paragraph (2);
(B) are submitted by voluntary partnerships that
meet the requirements of subsection (b)(2); and
(C) meet additional objective criteria that are
published by the National Board.
(2) Components of system.--The skill standards systems
endorsed pursuant to paragraph (1) shall have one or more of
the following components:
(A) Voluntary skill standards, which--
(i) are formulated in such a manner that
promotes the portability of credentials and
facilitates worker mobility within an
occupational cluster or industry and among
industries;
(ii) are in a form that allows for regular
updating to take into account advances in
technology or other developments within the
occupational cluster;
(iii) are not discriminatory with respect
to race, color, religion, sex, national origin,
ethnicity, age, or disability;
(iv) meet or exceed the highest applicable
standards used in the United States, including
apprenticeship standards registered under the
Act of August 16, 1937 (commonly known as the
``National Apprenticeship Act'', 50 Stat. 664,
chapter 663, 29 U.S.C. 50 et seq.); and
(v) have been developed after taking into
account--
(I) relevant standards used in
other countries and relevant
international standards;
(II) voluntary national content
standards and voluntary national
student performance standards developed
pursuant to section 213; and
(III) the requirements of high
performance work organizations.
(B) A voluntary system of assessment and
certification of the attainment of skill standards
developed pursuant to subparagraph (A), which--
(i) utilizes a variety of evaluation
techniques, including, where appropriate, oral
and written evaluations, portfolio assessments,
and performance tests;
(ii) includes methods for establishing the
validity and reliability of the assessment and
certification system for the intended purposes
of the system; and
(iii) has been developed after taking into
account relevant methods of assessment and
certification used in other countries.
(C) A system to disseminate information relating to
the skill standards, and the assessment and
certification systems, developed pursuant to this
paragraph (including dissemination of information
relating to civil rights laws relevant to the use of
such standards and systems), and to promote use of such
standards and systems by, entities such as institutions
of higher education offering professional and technical
education, labor organizations, trade and technical
associations, and employers providing formalized
training, and other organizations likely to benefit
from such standards and systems.
(D) A system to evaluate the implementation and
effectiveness of the skill standards, the assessment
and certification systems, and the information
dissemination systems, developed pursuant to this
paragraph.
(E) A system to periodically revise and update the
skill standards, and the assessment and certification
systems, developed pursuant to this paragraph, which
will take into account changes in standards in other
countries.
(e) Relationship With Civil Rights Laws.--
(1) In general.--Nothing in this title shall be construed
to modify or affect any Federal or State law prohibiting
discrimination on the basis of race, color, religion, sex,
national origin, ethnicity, age, or disability.
(2) Evidence.--The endorsement or absence of an endorsement
by the National Board of a skill standard, or assessment and
certification system, endorsed under subsection (d) may not be
used in any action or proceeding to establish that the use of a
skill standard or assessment and certification system conforms
or does not conform to the requirements of civil rights laws.
(f) Coordination.--The National Board shall establish cooperative
arrangements with the National Education Standards and Improvement
Council to promote the coordination of the development of skill
standards under this section with the development of voluntary national
content standards and voluntary national student performance standards
in accordance with section 213.
(g) Financial Assistance.--
(1) In general.--(A) From funds appropriated pursuant to
the authority of section 507, the Secretary of Labor may award
grants and enter into contracts and cooperative arrangements
(including awarding grants to, and entering into contracts and
cooperative agreements with, voluntary partnerships in
accordance with paragraph (2)) that are requested by the
National Board for the purposes of carrying out this title.
(B) Each entity desiring a grant, contract or cooperative
agreement under this title shall submit an application to the
National Board at such time, in such manner and accompanied by
such information as the National Board may reasonably require.
(2) Special rule regarding assistance for voluntary
partnerships.--The Secretary only shall award a grant to, or
enter into a contract or cooperative agreement with, a
voluntary partnership that meets the requirements of subsection
(b)(2) for the development of skill standards systems in
accordance with subsection (d).
(3) Criteria for board consideration.--Prior to each of the
fiscal years 1994 through 1998, the National Board shall
publish objective criteria for the National Board's
consideration of applications submitted pursuant to paragraph
(1)(B).
(4) Recommendations to the secretary of labor.--The
National Board shall review each application received pursuant
to paragraph (1)(B) in accordance with the objective criteria
published pursuant to paragraph (3), and shall submit each such
application to the Secretary of Labor accompanied by a
recommendation by the National Board on whether or not the
Secretary of Labor should award a grant to the applicant.
(5) Limitation on use of funds.--
(A) In general.--Not more than 20 percent of the
funds appropriated pursuant to the authority of section
507(a) for each fiscal year shall be used by the
National Board for the costs of administration.
(B) Startup costs.--Notwithstanding subparagraph
(A), in order to facilitate the establishment of the
National Board, the limitation contained in
subparagraph (A) shall not apply to funds appropriated
pursuant to the authority of section 507(a) for fiscal
year 1994.
(C) Definition.--For purposes of this paragraph,
the term ``costs of administration'' means costs
relating to staff, supplies, equipment, space, and
travel and per diem, costs of conducting meetings and
conferences, and other related costs.
SEC. 505. DEADLINES.
Not later than December 31, 1996, the National Board shall--
(1) identify occupational clusters pursuant to section
504(a) representing a substantial portion of the work force;
and
(2) promote the endorsement of an initial set of skill
standards in accordance with section 504(d) for such clusters.
SEC. 506. REPORTS.
The National Board shall prepare and submit to the President and
the Congress in each of the fiscal years 1994 through 1998, a report on
the activities conducted under this title. Such report shall include
information on the extent to which skill standards have been adopted by
employers, training providers, and other entities, and on the
effectiveness of such standards in accomplishing the purposes described
in section 502.
SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this title $15,000,000 for fiscal year 1994 and such sums as may be
necessary for each of fiscal years 1995 through 1998.
(b) Availability.--Amounts appropriated pursuant to subsection (a)
shall remain available until expended.
SEC. 508. DEFINITIONS.
As used in this title:
(1) Community-based organizations.--The term ``community-
based organizations'' has the meaning given the term in section
4(5) of the Job Training Partnership Act (29 U.S.C. 1503(5)).
(2) Educational institution.--The term ``educational
institution'' means a high school, a vocational school, and an
institution of higher education.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a)).
(4) Skill standard.--The term ``skill standard'' means the
level of knowledge and competence required to successfully
perform work-related functions within an occupational cluster.
SEC. 509. SUNSET PROVISION.
(a) Repeal.--This title is repealed on September 30, 1998.
(b) Review of Repeal.--It is the sense of the Congress that the
appropriate committees of the Congress should review the
accomplishments of the National Board prior to the date of repeal
described in subsection (a) in order to determine whether it is
appropriate to extend the authorities provided under this title for a
period beyond such date.
TITLE VI--SAFE SCHOOLS
PART A--SAFE SCHOOLS PROGRAM
SEC. 601. SHORT TITLE; STATEMENT OF PURPOSE.
(a) Short Title.--This part may be cited as the ``Safe Schools Act
of 1994''.
(b) Statement of Purpose.--It is the purpose of this part to help
local school systems achieve Goal Six of the National Education Goals,
which provides that by the year 2000, every school in America will be
free of drugs and violence and will offer a disciplined environment
conducive to learning, by ensuring that all schools are safe and free
of violence.
SEC. 602. SAFE SCHOOLS PROGRAM AUTHORIZED.
(a) Authority.--
(1) In general.--From funds appropriated pursuant to the
authority of subsection (b)(1), the Secretary shall make
competitive grants to eligible local educational agencies to
enable such agencies to carry out projects and activities
designed to achieve Goal Six of the National Education Goals by
helping to ensure that all schools are safe and free of
violence.
(2) Grant duration and amount.--Grants under this part may
not exceed--
(A) two fiscal years in duration, except that the
Secretary shall not award any new grants in fiscal year
1996 but may make payments pursuant to a 2-year grant
which terminates in such fiscal year; and
(B) $3,000,000 in any fiscal year.
(3) Geographic distribution.--To the extent practicable,
grants under this title shall be awarded to eligible local
educational agencies serving rural, as well as urban, areas.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$75,000,000 for fiscal year 1994, $100,000,000 for fiscal year
1995, and such sums as may be necessary for fiscal year 1996,
to carry out this part.
(2) Reservation.--The Secretary is authorized in each
fiscal year to reserve not more than 10 percent of the amount
appropriated pursuant to the authority of paragraph (1) to
carry out national leadership activities described in section
606, of which 50 percent of such amount shall be available in
such fiscal year to carry out the program described in section
606(b).
SEC. 603. ELIGIBLE APPLICANTS.
(a) In General.--To be eligible to receive a grant under this part,
a local educational agency shall demonstrate in the application
submitted pursuant to section 604(a) that such agency--
(1) serves an area in which there is a high rate of--
(A) homicides committed by persons between the ages
5 to 18, inclusive;
(B) referrals of youth to juvenile court;
(C) youth under the supervision of the courts;
(D) expulsions and suspension of students from
school;
(E) referrals of youth, for disciplinary reasons,
to alternative schools; or
(F) victimization of youth by violence, crime, or
other forms of abuse; and
(2) has serious school crime, violence, and discipline
problems, as indicated by other appropriate data.
(b) Priority.--In awarding grants under this part, the Secretary
shall give priority to a local educational agency that--
(1) receives assistance under section 1006 of the
Elementary and Secondary Education Act of 1965 or meets the
criteria described in clauses (i) and (ii) of section
1006(a)(1)(A) of such Act; and
(2) submits an application that assures a strong local
commitment to the projects or activities assisted under this
part, such as--
(A) the formation of partnerships among the local
educational agency, a community-based organization, a
nonprofit organization with a demonstrated commitment
to or expertise in developing education programs or
providing educational services to students or the
public, a local law enforcement agency, or any
combination thereof; and
(B) a high level of youth participation in such
projects or activities.
(c) Definitions.--For the purpose of this part--
(1) the term ``local educational agency'' has the same
meaning given to such term in section 1471(12) of the
Elementary and Secondary Education Act of 1965; and
(2) the term ``Secretary'' means the Secretary of
Education.
SEC. 604. APPLICATIONS AND PLANS.
(a) Application.--In order to receive a grant under this part, a
local educational agency shall submit to the Secretary an application
that includes--
(1) an assessment of the current violence and crime
problems in the schools and community to be served by the
grant;
(2) an assurance that the applicant has written policies
regarding school safety, student discipline, and the
appropriate handling of violent or disruptive acts;
(3) a description of the schools and communities to be
served by the grant, the projects and activities to be carried
out with grant funds, and how these projects and activities
will help to reduce the current violence and crime problems in
such schools and communities;
(4) if the local educational agency receives funds under
Goals 2000: Educate America Act, an explanation of how projects
and activities assisted under this part will be coordinated
with and support such agency's comprehensive local improvement
plan prepared under that Act;
(5) the applicant's plan to establish school-level advisory
committees, which include faculty, parents, staff, and
students, for each school to be served by the grant and a
description of how each committee will assist in assessing that
school's violence and discipline problems as well as in
designing appropriate programs, policies, and practices to
address those problems;
(6) the applicant's plan for collecting baseline and future
data, by individual schools, to monitor violence and discipline
problems and to measure such applicant's progress in achieving
the purpose of this part;
(7) an assurance that grant funds under this part will be
used to supplement and not to supplant State and local funds
that would, in the absence of funds under this part, be made
available by the applicant for the purpose of this part;
(8) an assurance that the applicant will cooperate with,
and provide assistance to, the Secretary in gathering
statistics and other data the Secretary determines are
necessary to assess the effectiveness of projects and
activities assisted under this part or the extent of school
violence and discipline problems throughout the Nation;
(9) an assurance that the local educational agency has a
written policy that prohibits sexual contact between school
personnel and a student; and
(10) such other information as the Secretary may require.
(b) Plan.--In order to receive funds under this part for a second
year, a grantee shall submit to the Secretary a comprehensive, long-
term, school safety plan for reducing and preventing school violence
and discipline problems. Such plan shall contain--
(1) a description of how the grantee will coordinate its
school crime and violence prevention efforts with education,
law-enforcement, judicial, health, social service, and other
appropriate agencies and organizations serving the community;
and
(2) in the case that the grantee receives funds under the
Goals 2000: Educate America Act, an explanation of how the
grantee's comprehensive plan under this subsection is
consistent with and supports its comprehensive local
improvement plan prepared under that Act, if such explanation
differs from that provided in the grantee's application under
that Act.
SEC. 605. USE OF FUNDS.
(a) Use of Funds.--
(1) In general.--A local educational agency shall use grant
funds received under this part for one or more of the following
activities:
(A) Identifying and assessing school violence and
discipline problems, including coordinating needs
assessment activities and education, law-enforcement,
judicial, health, social service, and other appropriate
agencies and organizations.
(B) Conducting school safety reviews or violence
prevention reviews of programs, policies, practices,
and facilities to determine what changes are needed to
reduce or prevent violence and promote safety and
discipline.
(C) Planning for comprehensive, long-term
strategies for addressing and preventing school
violence and discipline problems through the
involvement and coordination of school programs with
other education, law-enforcement, judicial, health,
social service, and other appropriate agencies and
organizations.
(D) Training school personnel in programs of
demonstrated effectiveness in addressing violence,
including violence prevention, conflict resolution,
anger management, peer mediation, and identification of
high-risk youth.
(E) Community education programs, including video-
and technology-based projects, informing parents,
businesses, local government, the media and other
appropriate entities about--
(i) the local educational agency's plan to
promote school safety and reduce and prevent
school violence and discipline problems; and
(ii) the need for community support.
(F) Coordination of school-based activities
designed to promote school safety and reduce or prevent
school violence and discipline problems with related
efforts of education, law-enforcement, judicial,
health, social service, and other appropriate agencies
and organizations.
(G) Developing and implementing violence prevention
activities, including--
(i) conflict resolution and social skills
development for students, teachers, aides,
other school personnel, and parents;
(ii) disciplinary alternatives to expulsion
and suspension of students who exhibit violent
or anti-social behavior;
(iii) student-led activities such as peer
mediation, peer counseling, and student courts;
or
(iv) alternative after-school programs that
provide safe havens for students, which may
include cultural, recreational, and educational
and instructional activities.
(H) Educating students and parents regarding the
dangers of guns and other weapons and the consequences
of their use.
(I) Developing and implementing innovative
curricula to prevent violence in schools and training
staff how to stop disruptive or violent behavior if
such behavior occurs.
(J) Supporting ``safe zones of passage'' for
students between home and school through such measures
as Drug- and Weapon-Free School Zones, enhanced law
enforcement, and neighborhood patrols.
(K) Counseling programs for victims and witnesses
of school violence and crime.
(L) Minor remodeling to promote security and reduce
the risk of violence, such as removing lockers,
installing better lights, and upgrading locks.
(M) Acquiring and installing metal detectors and
hiring security personnel.
(N) Reimbursing law enforcement authorities for
their personnel who participate in school violence
prevention activities.
(O) Evaluating projects and activities assisted
under this part.
(P) The cost of administering projects or
activities assisted under this part.
(Q) Other projects or activities that meet the
purpose of this part.
(2) Limitation.--A local educational agency may use not
more than--
(A) a total of 10 percent of grant funds received
under this part in each fiscal year for activities
described in subparagraphs (J), (L), (M), and (N) of
paragraph (1); and
(B) 5 percent of grant funds received under this
part in each fiscal year for activities described in
subparagraph (P) of paragraph (1).
(3) Prohibition.--A local educational agency may not use
grant funds received under this part for construction.
SEC. 606. NATIONAL LEADERSHIP.
(a) In General.--To carry out the purpose of this part, the
Secretary is authorized to use funds reserved under section 602(b)(2)
to conduct national leadership activities such as research, program
development and evaluation, data collection, public awareness
activities, training and technical assistance, dissemination (through
appropriate research entities assisted by the Department of Education)
of information on successful projects, activities, and strategies
developed pursuant to this part, and peer review of applications under
this part. The Secretary may carry out such activities directly,
through interagency agreements, or through grants, contracts or
cooperative agreements.
(b) National Model City.--The Secretary shall designate the
District of Columbia as a national model city and shall provide funds
made available pursuant to section 602(b)(2) in each fiscal year to a
local educational agency serving the District of Columbia in an amount
sufficient to enable such agency to carry out a comprehensive program
to address school and youth violence.
SEC. 607. NATIONAL COOPERATIVE EDUCATION STATISTICS SYSTEM.
Subparagraph (A) of section 406(h)(2) of the General Education
Provisions Act (20 U.S.C. 1221e-1(h)(2)(A)) is amended--
(1) in clause (vi), by striking ``and'' after the
semicolon; and
(2) by adding after clause (vii) the following new clause:
``(viii) school safety policy, and
statistics on the incidents of school violence;
and''.
SEC. 608. COORDINATION OF FEDERAL ASSISTANCE.
The Attorney General, through the Coordinating Council on Juvenile
Justice and Delinquency Prevention of the Department of Justice, shall
coordinate the programs and activities carried out under this Act with
the programs and activities carried out by the departments and offices
represented within the Council that provide assistance under other law
for purposes that are similar to the purpose of this Act, in order to
avoid redundancy and coordinate Federal assistance, research, and
programs for youth violence prevention.
SEC. 609. EFFECTIVE DATE.
This part and the amendments made by this part shall take effect on
the date of enactment of this Act.
PART B--STATE LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS
SEC. 621. STATE LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS PROGRAM.
(a) Short Title.--This section may be cited as the ``State
Leadership Activities to Promote Safe Schools Act''.
(b) Authority.--The Secretary is authorized to award grants to
State educational agencies from allocations under subsection (c) to
enable such agencies to carry out the authorized activities described
in subsection (e).
(c) Allocation.--Each State educational agency having an
application approved under subsection (d) shall be eligible to receive
a grant under this section for each fiscal year that bears the same
ratio to the amount appropriated pursuant to the authority of
subsection (f) for such year as the amount such State educational
agency receives pursuant to section 1006 of the Elementary and
Secondary Education Act of 1965 for such year bears to the total amount
allocated to all such agencies in all States having applications
approved under subsection (d) for such year, except that no State
educational agency having an application approved under subsection (d)
in any fiscal year shall receive less than $100,000 for such year.
(d) Application.--Each State educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner and containing such information as the Secretary
may reasonably require. Each such application shall--
(1) describe the activities and services for which
assistance is sought;
(2) contain a statement of the State educational agency's
goals and objectives for violence prevention and a description
of the procedures to be used for assessing and publicly
reporting progress toward meeting those goals and objectives;
and
(3) contain a description of how the State educational
agency will coordinate such agency's activities under this
section with the violence prevention efforts of other State
agencies.
(e) Use of Funds.--Grant funds awarded under this section shall be
used--
(1) to support a statewide resource coordinator;
(2) to provide technical assistance to both rural and urban
local school districts;
(3) to disseminate to local educational agencies and
schools information on successful school violence prevention
programs funded through Federal, State, local and private
sources;
(4) to make available to local educational agencies teacher
training and parent and student awareness programs, which
training and programs may be provided through video or other
telecommunications approaches;
(5) to supplement and not supplant other Federal, State and
local funds available to carry out the activities assisted
under this section; and
(6) for other activities the Secretary may deem
appropriate.
(f) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 for each of the fiscal years 1995 and 1996 to
carry out this section.
TITLE VII--MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP
SEC. 701. SHORT TITLE.
This title may be cited as the ``Midnight Basketball League
Training and Partnership Act''.
SEC. 702. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE TRAINING AND
PARTNERSHIP PROGRAMS.
Section 520 of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 11903a) is amended--
(1) in the section heading by inserting ``and assisted''
after ``public'';
(2) in the subsection heading for subsection (a), by
inserting ``Public Housing'' before ``Youth''; and
(3) by adding at the end the following new subsection:
``(l) Midnight Basketball League Training and Partnership
Programs.--
``(1) Authority.--The Secretary of Housing and Urban
Development shall make grants, to the extent that amounts are
approved in appropriations Acts under paragraph (13), to--
``(A) eligible entities to assist such entities in
carrying out midnight basketball league programs
meeting the requirements of paragraph (4); and
``(B) eligible advisory entities to provide
technical assistance to eligible entities in
establishing and operating such midnight basketball
league programs.
``(2) Eligible entities.--
``(A) In general.--Subject to subparagraph (B),
grants under paragraph (1)(A) may be made only to the
following eligible entities:
``(i) Entities eligible under subsection
(b) for a grant under subsection (a).
``(ii) Nonprofit organizations providing
employment counseling, job training, or other
educational services.
``(iii) Nonprofit organizations providing
federally assisted low-income housing.
``(B) Prohibition on second grants.--A grant under
paragraph (1)(A) may not be made to an eligible entity
if the entity has previously received a grant under
such paragraph, except that the Secretary may exempt an
eligible advisory entity from the prohibition under
this subparagraph in extraordinary circumstances.
``(3) Use of grant amounts.--Any eligible entity that
receives a grant under paragraph (1)(A) may use such amounts
only--
``(A) to establish or carry out a midnight
basketball league program under paragraph (4);
``(B) for salaries for administrators and staff of
the program;
``(C) for other administrative costs of the
program, except that not more than 5 percent of the
grant amount may be used for such administrative costs;
and
``(D) for costs of training and assistance provided
under paragraph (4)(I).
``(4) Program requirements.--Each eligible entity receiving
a grant under paragraph (1)(A) shall establish a midnight
basketball league program as follows:
``(A) The program shall establish a basketball
league of not less than 8 teams having 10 players each.
``(B) Not less than 50 percent of the players in
the basketball league shall be residents of federally
assisted low-income housing or members of low-income
families (as such term is defined in section 3(b) of
the United States Housing Act of 1937).
``(C) The program shall be designed to serve
primarily youths and young adults from a neighborhood
or community whose population has not less than 2 of
the following characteristics (in comparison with
national averages):
``(i) A substantial problem regarding use
or sale of illegal drugs.
``(ii) A high incidence of crimes committed
by youths or young adults.
``(iii) A high incidence of persons
infected with the human immunodeficiency virus
or sexually transmitted diseases.
``(iv) A high incidence of pregnancy or a
high birth rate, among adolescents.
``(v) A high unemployment rate for youths
and young adults.
``(vi) A high rate of high school drop-
outs.
``(D) The program shall require each player in the
league to attend employment counseling, job training,
and other educational classes provided under the
program, which shall be held immediately following the
conclusion of league basketball games at or near the
site of the games and at other specified times.
``(E) The program shall serve only youths and young
adults who demonstrate a need for such counseling,
training, and education provided by the program, in
accordance with criteria for demonstrating need, which
shall be established by the Secretary, in consultation
with the Advisory Committee.
``(F) The majority of the basketball games of the
league shall be held between the hours of 10:00 p.m.
and 2:00 a.m. at a location in the neighborhood or
community served by the program.
``(G) The program shall obtain sponsors for each
team in the basketball league. Sponsors shall be
private individuals or businesses in the neighborhood
or community served by the program who make financial
contributions to the program and participate in or
supplement the employment, job training, and
educational services provided to the players under the
program with additional training or educational
opportunities.
``(H) The program shall comply with any criteria
established by the Secretary, in consultation with the
Advisory Committee established under paragraph (9).
``(I) Administrators or organizers of the program
shall receive training and technical assistance
provided by eligible advisory entities receiving grants
under paragraph (8).
``(5) Grant amount limitations.--
``(A) Private contributions.--The Secretary may not
make a grant under paragraph (1)(A) to an eligible
entity that applies for a grant under paragraph (6)
unless the applicant entity certifies to the Secretary
that the entity will supplement the grant amounts with
amounts of funds from non-Federal sources, as follows:
``(i) In each of the first 2 years that
amounts from the grant are disbursed (under
subparagraph (E)), an amount sufficient to
provide not less than 35 percent of the cost of
carrying out the midnight basketball league
program.
``(ii) In each of the last 3 years that
amounts from the grant are disbursed, an amount
sufficient to provide not less than 50 percent
of the cost of carrying out the midnight
basketball league program.
``(B) Non-federal funds.--For purposes of this
paragraph, the term `funds from non-Federal sources'
includes amounts from nonprofit organizations, public
housing agencies, States, units of general local
government, and Indian housing authorities, private
contributions, any salary paid to staff (other than
from grant amounts under paragraph (1)(A)) to carry out
the program of the eligible entity, in-kind
contributions to carry out the program (as determined
by the Secretary after consultation with the Advisory
Committee), the value of any donated material,
equipment, or building, the value of any lease on a
building, the value of any utilities provided, and the
value of any time and services contributed by
volunteers to carry out the program of the eligible
entity.
``(C) Prohibition on substitution of funds.--Grant
amounts under paragraph (1)(A) and amounts provided by
States and units of general local government to
supplement grant amounts may not be used to replace
other public funds previously used, or designated for
use, under this section.
``(D) Maximum and minimum grant amounts.--
``(i) In general.--The Secretary may not
make a grant under paragraph (1)(A) to any
single eligible entity in an amount less than
$55,000 or exceeding $130,000, except as
provided in clause (ii).
``(ii) Exception for large leagues.--In the
case of a league having more than 80 players, a
grant under paragraph (1)(A) may exceed
$130,000, but may not exceed the amount equal
to 35 percent of the cost of carrying out the
midnight basketball league program.
``(E) Disbursement.--Amounts provided under a grant
under paragraph (1)(A) shall be disbursed to the
eligible entity receiving the grant over the 5-year
period beginning on the date that the entity is
selected to receive the grant, as follows:
``(i) In each of the first 2 years of such
5-year period, 23 percent of the total grant
amount shall be disbursed to the entity.
``(ii) In each of the last 3 years of such
5-year period, 18 percent of the total grant
amount shall be disbursed to the entity.
``(6) Applications.--To be eligible to receive a grant
under paragraph (1)(A), an eligible entity shall submit to the
Secretary an application in the form and manner required by the
Secretary (after consultation with the Advisory Committee),
which shall include--
``(A) a description of the midnight basketball
league program to be carried out by the entity,
including a description of the employment counseling,
job training, and other educational services to be
provided;
``(B) letters of agreement from service providers
to provide training and counseling services required
under paragraph (4) and a description of such service
providers;
``(C) letters of agreement providing for facilities
for basketball games and counseling, training, and
educational services required under paragraph (4) and a
description of the facilities;
``(D) a list of persons and businesses from the
community served by the program who have expressed
interest in sponsoring, or have made commitments to
sponsor, a team in the midnight basketball league; and
``(E) evidence that the neighborhood or community
served by the program meets the requirements of
paragraph (4)(C).
``(7) Selection.--The Secretary, in consultation with the
Advisory Committee, shall select eligible entities that have
submitted applications under paragraph (6) to receive grants
under paragraph (1)(A). The Secretary, in consultation with the
Advisory Committee, shall establish criteria for selection of
applicants to receive such grants. The criteria shall include a
preference for selection of eligible entities carrying out
midnight basketball league programs in suburban and rural
areas.
``(8) Technical assistance grants.--Technical assistance
grants under paragraph (1)(B) shall be made as follows:
``(A) Eligible advisory entities.--Technical
assistance grants may be made only to entities that--
``(i) are experienced and have expertise in
establishing, operating, or administering
successful and effective programs for midnight
basketball and employment, job training, and
educational services similar to the programs
under paragraph (4); and
``(ii) have provided technical assistance
to other entities regarding establishment and
operation of such programs.
``(B) Use.--Amounts received under technical
assistance grants shall be used to establish centers
for providing technical assistance to entities
receiving grants under paragraph (1)(A) of this
subsection and subsection (a) regarding establishment,
operation, and administration of effective and
successful midnight basketball league programs under
this subsection and subsection (c)(3).
``(C) Number and amount.--To the extent that
amounts are provided in appropriations Acts under
paragraph (13)(B) in each fiscal year, the Secretary
shall make technical assistance grants under paragraph
(1)(B). In each fiscal year that such amounts are
available the Secretary shall make 4 such grants, as
follows:
``(i) 2 grants shall be made to eligible
advisory entities for development of midnight
basketball league programs in public housing
projects.
``(ii) 2 grants shall be made to eligible
advisory entities for development of midnight
basketball league programs in suburban or rural
areas.
Each grant shall be in an amount not exceeding $25,000.
``(9) Advisory committee.--The Secretary of Housing and
Urban Development shall appoint an Advisory Committee to assist
the Secretary in providing grants under this subsection. The
Advisory Committee shall be composed of not more than 7
members, as follows:
``(A) Not less than 2 individuals who are involved
in managing or administering midnight basketball
programs that the Secretary determines have been
successful and effective. Such individuals may not be
involved in a program assisted under this subsection or
a member or employee of an eligible advisory entity
that receives a technical assistance grant under
paragraph (1)(B).
``(B) A representative of the Center for Substance
Abuse Prevention of the Public Health Service,
Department of Health and Human Services, who is
involved in administering the grant program for
prevention, treatment, and rehabilitation model
projects for high risk youth under section 509A of the
Public Health Service Act (42 U.S.C. 290aa-8), who
shall be selected by the Secretary of Health and Human
Services.
``(C) A representative of the Department of
Education, who shall be selected by the Secretary of
Education.
``(D) A representative of the Department of Health
and Human Services, who shall be selected by the
Secretary of Health and Human Services from among
officers and employees of the Department involved in
issues relating to high-risk youth.
``(10) Reports.--The Secretary shall require each eligible
entity receiving a grant under paragraph (1)(A) and each
eligible advisory entity receiving a grant under paragraph
(1)(B) to submit to the Secretary, for each year in which grant
amounts are received by the entity, a report describing the
activities carried out with such amounts.
``(11) Study.--To the extent amounts are provided under
appropriation Acts pursuant to paragraph (13)(C), the Secretary
shall make a grant to one entity qualified to carry out a study
under this paragraph. The entity shall use such grant amounts
to carry out a scientific study of the effectiveness of
midnight basketball league programs under paragraph (4) of
eligible entities receiving grants under paragraph (1)(A). The
Secretary shall require such entity to submit a report
describing the study and any conclusions and recommendations
resulting from the study to the Congress and the Secretary not
later than the expiration of the 2-year period beginning on the
date that the grant under this paragraph is made.
``(12) Definitions.--For purposes of this subsection:
``(A) The term `Advisory Committee' means the
Advisory Committee established under paragraph (9).
``(B) The term `eligible advisory entity' means an
entity meeting the requirements under paragraph (8)(A).
``(C) The term `eligible entity' means an entity
described under paragraph (2)(A).
``(D) The term `federally assisted low-income
housing' has the meaning given the term in section 5126
of the Public and Assisted Housing Drug Elimination Act
of 1990.
``(13) Authorization of appropriations.--There are
authorized to be appropriated--
``(A) for grants under paragraph (1)(A), $2,650,000
in each of fiscal years 1994 and 1995;
``(B) for technical assistance grants under
paragraph (1)(B), $100,000 in each of fiscal years 1994
and 1995; and
``(C) for a study grant under paragraph (11),
$250,000 in fiscal year 1994.''.
SEC. 703. PUBLIC HOUSING MIDNIGHT BASKETBALL LEAGUE PROGRAMS.
Section 520(c) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C 11903a(c)) is amended by adding at the end the following
new paragraph:
``(3) Midnight basketball league programs.--Notwithstanding
any other provision of this subsection and subsection (d), a
grant under this section may be used to carry out any youth
sports program that meets the requirements of a midnight
basketball league program under subsection (l)(4) (not
including subparagraph (B) of such subsection) if the program
serves primarily youths and young adults from the public
housing project in which the program assisted by the grant is
operated.''.
TITLE VIII--YOUTH VIOLENCE IN SCHOOLS AND COMMUNITIES
SEC. 801. PURPOSE.
It is the purpose of this title to help local communities achieve
Goal Six of the National Education Goals, which provides that by the
year 2000, every school in America will be free of drugs and violence
and will offer a disciplined environment conducive to learning, by
strengthening local disciplinary control.
SEC. 802. FINDINGS.
The Congress finds that--
(1) the violence within elementary and secondary schools
across the Nation has increased dramatically during the past
decade;
(2) almost 3,000,000 crimes occur on or near school
campuses every year, with 16,000 crimes occurring per school
day or one crime occurring every 6 seconds;
(3) 20 percent of teachers in schools have reported being
threatened with violence by a student;
(4) schools are being asked to take on responsibilities
that society as a whole has neglected, and teachers and
principals are being forced to referee fights rather than
teach;
(5) over two-thirds of public school teachers have been
verbally abused, threatened with injury, or physically
attacked;
(6) violent or criminal behavior by students interferes
with a teacher's ability to teach in a safe environment the
students not exhibiting such behavior;
(7) 40 percent of all students do not feel safe in school
and 50 percent of all students know someone who switched
schools to feel safer;
(8) nearly one-half of the teachers who leave the teaching
profession cite discipline problems as one of the main reasons
for leaving such profession; and
(9) a lack of parental involvement contributes strongly to
school violence.
SEC. 803. PROVISIONS.
(a) Local Discipline Control.--No Federal law or regulation, except
education and civil rights laws protecting individuals with
disabilities, or State policy implementing such a Federal law or
regulation, shall restrict any local educational agency, or elementary
or secondary school, from developing and implementing disciplinary
policies and action with respect to criminal or violent acts of
students, occurring on school premises, in order to create an
environment conducive to learning.
(b) Shared Information.--No Federal law or regulation, or State
policy implementing such a Federal law or regulation, shall restrict
any local educational agency or elementary or secondary school from
requesting and receiving information from a State agency, local
educational agency, or an elementary or secondary school regarding a
conviction or juvenile adjudication, within five years of the date of
the request, or a pending prosecution for a violent or weapons offense,
of a student who is attending an elementary or secondary school served
by the local educational agency, or the elementary or secondary school,
requesting such information.
(c) Parental Responsibility.--It is the policy of the Congress that
States, in cooperation with local educational agencies, schools, and
parent groups, should be encouraged to enforce disciplinary policies
with respect to parents of children who display criminal or violent
behavior toward teachers, students, other persons, or school property.
TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Educational Research and
Improvement Act of 1994''.
PART A--OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT
SEC. 911. REPEAL.
(a) Repeal.--Section 405 of the General Education Provisions Act
(20 U.S.C. 1221e) is repealed.
(b) Conforming Amendment.--The second sentence of section 209 of
the Department of Education Organization Act (20 U.S.C. 3419) is
amended by inserting ``and such functions as set forth in section 102
of the Educational Research and Improvement Act of 1993'' after
``delegate''.
SEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT.
(a) Purposes; Composition; Definitions.--
(1) Purposes.--The purposes of the Office of Educational
Research and Improvement are to--
(A) assess, promote, and improve the quality and
equity of education in the United States, so that all
Americans have an equal opportunity to receive an
education of the highest quality;
(B) provide new directions for federally supported
research and development activities with a view toward
reform in the Nation's school systems, achieving the
National Education Goals and affecting national policy
for education;
(C) provide leadership in the scientific inquiry
into the educational process;
(D) provide leadership in advancing the practice of
education as an art, science, and profession;
(E) collect, analyze, and disseminate statistics
and other data related to education in the United
States and other nations; and
(F) make available to the Congress and the people
of the United States the results of research and
development activities in the field of education in
order to bring research directly to the classroom to
improve educational practice.
(2) Composition.--
(A) In general.--The Office shall be administered
by the Assistant Secretary and shall include--
(i) the Advisory Board of Educational
Research described in subparagraph (B);
(ii) the directorates for educational
research described in subsections (c) through
(h);
(iii) the regional educational laboratories
described in subsection (k);
(iv) the Office of Dissemination and Reform
Assistance described in subsection (m);
(v) the National Education Library
described in subsection (o);
(vi) the Education Resources Information
Clearinghouses described in subsection (p);
(vii) the National Center for Education
Statistics, including the National Assessment
of Educational Progress; and
(viii) such other entities as the Assistant
Secretary deems appropriate to carry out the
purposes of the Office.
(B) Advisory board of educational research.--
(i) Advisory board of educational
research.--The Advisory Board of Educational
Research shall consist of 9 members to be
appointed by the Secretary. The Assistant
Secretary shall serve as an ex officio member.
(ii) Qualifications.--
(I) In general.--The persons
appointed as members of the Advisory
Board shall be appointed solely on the
basis of--
(aa) eminence in the fields
of basic or applied research,
or dissemination of such
research; or
(bb) established records of
distinguished service in
educational research and the
education professions,
including practitioners.
(II) Consideration.--In making
appointments under this clause, the
Secretary shall give due consideration
to the equitable representation of
educational researchers who--
(aa) are women;
(bb) represent minority
groups; or
(cc) are classroom teachers
with research experience.
(III) Recommendations.--In making
appointments under this clause, the
Secretary shall give due consideration
to any recommendations for an
appointment which may be submitted to
the Secretary by a variety of groups
with prominence in educational research
and development, including the National
Academy of Education and the National
Academy of Sciences.
(IV) A member of the Advisory Board
may not serve on any other Department
of Education advisory board, or as a
paid consultant of such Department.
(iii) Term.--(I) The term of office of each
member of the Advisory Board shall be 6 years,
except that initial appointments shall be made
to ensure staggered terms, with one-third of
such members' terms expiring every 2 years. Any
member appointed to fill a vacancy occurring
prior to the expiration of the term for which
the member's predecessor was appointed shall be
appointed for the remainder of such term. Any
person, other than the Assistant Secretary, who
has been a member of the Advisory Board for 12
consecutive years shall thereafter be
ineligible for appointment during the 6-year
period following such twelfth year.
(II) Prohibition regarding removal.--The
Secretary shall neither remove nor encourage
the departure of a member of the Advisory Board
appointed in accordance with this subparagraph
before the expiration of such member's term.
(III) Chairperson.--The members of the
Advisory Board shall select a Chairperson from
among such members.
(IV) Quorum.--A majority of the appointed
members of the Advisory Board shall constitute
a quorum.
(V) Staff.--From amounts appropriated
pursuant to the authority of subsection
(q)(1)(A), the Advisory Board, in consultation
with the Assistant Secretary, shall recommend
for appointment such staff as may be necessary.
Such staff shall be appointed by the Assistant
Secretary and assigned at the direction of the
Advisory Board.
(iv) Responsibilities.--The Advisory Board
shall provide oversight of the Office, and
shall--
(I) advise the Nation on the
Federal research and development
effort;
(II) recommend ways for
strengthening active partnerships among
researchers, educational practitioners,
librarians, and policymakers;
(III) recommend ways to strengthen
interaction and collaboration between
the various program offices and
components;
(IV) solicit advice and information
from the educational field, to define
research needs and suggestions for
research topics, and shall involve
educational practitioners, particularly
teachers, in this process;
(V) solicit advice from
practitioners, policymakers, and
researchers, and recommend missions for
the national research centers assisted
under this section by identifying
topics which require long-term,
sustained, systematic, programmatic,
and integrated research and
dissemination efforts;
(VI) provide recommendations for
translating research findings into
workable, adaptable models for use in
policy and in practice across different
settings, and recommendations for other
forms of dissemination;
(VII) provide recommendations for
creating incentives to draw talented
young people into the field of
educational research, including
scholars from disadvantaged and
minority groups;
(VIII) provide recommendations for
new studies to close gaps in the
research base;
(IX) evaluate and provide
recommendations to the President and
the Congress regarding the quality of
research conducted through each
directorate and regional educational
laboratory, the relevance of the
research topics, and the effectiveness
of the dissemination of each
directorate's and laboratory's
activities;
(X) advise the Assistant Secretary
on standards and guidelines for
research programs and activities to
ensure that research is of high quality
and free from partisan political
influence; and
(XI) provide recommendations to
promote coordination and synthesis of
research among directorates.
(v) Committees and reports.--
(I) In general.--The Advisory Board
is authorized to appoint from among its
members such committees as the Advisory
Board deems necessary, and to assign to
committees so appointed such survey and
advisory functions as the Advisory
Board deems appropriate to assist the
Advisory Board in exercising its powers
and functions under this section.
(II) From amounts appropriated
pursuant to subsection (q)(1), the
Advisory Board shall transmit to the
President, for submission to the
Congress not later than January 15 of
each even-numbered year, a report on
the activities of the Office, and on
education, educational research,
national indicators, and data-gathering
in general.
(3) Definitions.--For the purposes of this section--
(A) the term ``Advisory Board'' means the Advisory
Board of Educational Research established under
paragraph (2)(B);
(B) the term ``Assistant Secretary'' means the
Assistant Secretary for Educational Research and
Improvement established by section 202 of the
Department of Education Organization Act;
(C) the term ``development'' means transformation
or adaptation of research results into usable forms, in
order to contribute to the improvement of educational
practice;
(D) the term ``dissemination'' means the
communication and transfer of the results of research
and proven practice in forms that are understandable,
easily accessible and usable or adaptable for use in
the improvement of educational practice by teachers,
administrators, librarians, other practitioners,
researchers, policymakers, and the public;
(E) the term ``education research'' includes basic
and applied research, inquiry with the purpose of
applying tested knowledge gained to specific
educational settings and problems, development,
planning, surveys, assessments, evaluations,
investigations, experiments, and demonstrations in the
field of education and other fields relating to
education;
(F) the term ``field-initiated research'' means
education research in which topics and methods of study
are generated by investigators, including teachers and
other practitioners, not by the source of funding;
(G) the term ``Indian reservation'' means a
reservation, as such term is defined in--
(i) section 3(d) of the Indian Financing
Act of 1974 (25 U.S.C. 1452(d)); or
(ii) section 4(10) of the Indian Child
Welfare Act of 1978 (25 U.S.C. 1903(10));
(H) the term ``Office'', unless otherwise
specified, means the Office of Educational Research and
Improvement established by section 209 of the
Department of Education Organization Act; and
(I) the term ``technical assistance'' means
assistance in identifying, selecting, or designing
solutions based on research to address educational
problems, planning and design that leads to adapting
research knowledge to school practice, training to
implement such solutions, and other assistance
necessary to encourage adoption or application of
research.
(b) Authorized Activities.--
(1) Office.--In fulfilling its purposes under this section,
the Office is authorized to--
(A) conduct and support education-related research
activities, including basic and applied research,
development, planning, surveys, assessments,
evaluations, investigations, experiments, and
demonstrations of national significance;
(B) disseminate the findings of education research,
and provide technical assistance to apply such
information to specific school problems at the school
site;
(C) collect, analyze, and disseminate data related
to education, and to library and information services;
(D) promote the use of knowledge gained from
research and statistical findings in schools, other
educational institutions, and communities;
(E) provide training in education research; and
(F) promote the coordination of education research
and research support within the Federal Government, and
otherwise assist and foster such research.
(2) Open competition.--All grants, contracts, and
cooperative agreements awarded or entered into pursuant to this
section shall be awarded or entered into through a process of
open competition and peer review that shall be announced in the
Federal Register or other publication that the Secretary
determines appropriate.
(3) Assistant secretary.--
(A) In general.--In carrying out the activities and
programs of the Office, the Assistant Secretary shall--
(i) ensure that there is broad and regular
public and professional involvement from the
educational field in the planning and carrying
out of the Office's activities, including
establishing teacher advisory boards for any
program office, program or project of the
Office as the Assistant Secretary deems
necessary, and involving Indian and Alaska
Native researchers and educators in activities
that relate to the education of Indian and
Alaska Native people;
(ii) ensure that the selection of research
topics and the administration of the program
are free from partisan political influence;
(iii) develop directly, or through grant or
contract, standards and guidelines for
research, programs and activities carried out
through the Office;
(iv) establish a long- and short-term
research agenda in consultation with the
Advisory Board; and
(v) review research priorities established
within each directorate and promote research
syntheses across the directorates.
(B) Information and technical assistance.--The
Assistant Secretary is authorized to offer information
and technical assistance to State and local educational
agencies, school boards, and schools, including schools
funded by the Bureau of Indian Affairs, to ensure that
no student is--
(i) denied access to the same rigorous,
challenging curriculum that such student's
peers are offered; or
(ii) grouped or otherwise labeled in such a
way that may impede such student's achievement.
(C) Long-term agenda.--One year after the date of
enactment of this Act, the Assistant Secretary shall
submit a report to the President and to the Congress on
a 6-year long-term plan for the educational research
agenda for the Office. Upon submission of such report
and every 2 years thereafter, the Assistant Secretary
shall submit to the President and to the Congress a
progress report on the 6-year plan, including an
assessment of the success or failure of meeting the
components of the 6-year plan, proposed modifications
or changes to the 6-year plan, and additions to the 6-
year plan.
(4) Secretary.--The Secretary shall enter into contracts
for the conduct of independent evaluations of the programs and
activities carried out through the Office in accordance with
this section, and transmit such evaluations to the Congress,
the President and the Assistant Secretary, in order to--
(A) evaluate--
(i) the effectiveness of the programs and
activities of the Office; and
(ii) the implementation of projects and
programs funded through the Office over time;
(iii) the impact of educational research on
instruction at the school level; and
(iv) the ability of the Office to keep
research funding free from partisan political
interference;
(B) measure the success of educational information
dissemination;
(C) assess the usefulness of research and
activities carried out by the Office, including
products disseminated by the Office; and
(D) provide recommendations for improvement of the
programs of the Office.
(5) Intradepartmental coordination.--(A) The Secretary
shall establish and maintain a program designed to facilitate
planning and cooperative research and development throughout
the Department of Education.
(B) The program described in subparagraph (A) shall
include--
(i) establishing and maintaining a database on all
Department of Education funded research and improvement
efforts;
(ii) coordinating the work of the various program
offices within the Department of Education to avoid
duplication;
(iii) working cooperatively with the employees of
various program offices with the Department of
Education on projects of common interest to avoid
duplication; and
(iv) generally increasing communication throughout
the Department of Education regarding education
research.
(c) Directorates of Educational Research.--
(1) Requirements.--
(A) In general.--In carrying out the functions of
the Office, the Assistant Secretary shall establish 5
directorates of educational research in accordance with
this section.
(B) Director.--The Assistant Secretary shall
appoint a Director for each directorate. Each such
Director shall be a leading professional in the field
relevant to the mission of the directorate.
(C) Research syntheses.--The Assistant Secretary
shall provide for and promote research syntheses across
the directorates in early childhood, elementary,
secondary, vocational, and higher education, and shall
coordinate research plans, projects, and findings
across the directorates, placing a priority on
synthesis and coordination between the directorates
described in subsections (d) and (e). Each Director
shall report directly to the Assistant Secretary,
regarding the activities of the directorate, and shall
work together to promote research syntheses across the
directorates.
(2) Duties.--Each such directorate shall--
(A) carry out its activities directly or through
grants, contracts, and cooperative agreements with
institutions of higher education, public and private
organizations, institutions, agencies or individuals,
or a consortia thereof;
(B) conduct and support the highest quality basic
and applied research in early childhood, elementary and
secondary, vocational and higher education, including
teacher education, which is relevant to the
directorate;
(C) have improved student learning and achievement
as its primary focus;
(D) promote research that is based in core content
areas;
(E) conduct sustained research and development on
improving the educational achievement of poor and
minority individuals as an integral part of the
directorates' work;
(F) serve as a national database on model and
demonstration programs which have particular
application to the activities of the directorate,
particularly with respect to model programs conducted
by businesses, private, and nonprofit organizations and
foundations;
(G) support, plan, implement, and operate
dissemination activities designed to bring the most
effective research directly into classroom practice,
school organization and management, teacher preparation
and training, and libraries, and to the extent
possible, carry out dissemination activities through
the use of technology;
(H) support and provide research information that
leads to policy formation for State legislatures, State
and local boards of education, schools funded by the
Bureau of Indian Affairs, and other policy and
governing bodies, to assist such entities in
identifying and developing effective policies to
promote student achievement and school improvement;
(I) coordinate the directorate's activities with
the activities of the regional educational laboratories
established pursuant to subsection (k) and with other
educational service organizations in designing the
directorate's research agenda and projects in order to
increase the responsiveness of such directorate to the
needs of teachers and the educational field and to
bring research findings directly into schools to ensure
the greatest access at the local level to the latest
research developments; and
(J) provide assistance to the Assistant Secretary
in planning and coordinating syntheses that provide
research knowledge related to each level of the
education system (from preschool to higher education)
to increase understanding of student performance across
different educational levels.
(3) Reservations.--
(A) Field-initiated research.--Each directorate
shall reserve in each fiscal year not less than one-
third of the amount available to such directorate to
conduct field-initiated research.
(B) National research centers.--Each directorate
shall reserve in each fiscal year not less than one-
third of the amount available to such directorate to
award grants or enter into contracts with institutions
of higher education, public agencies, or private
nonprofit organizations, for the support of long-term
national research centers of sufficient size, scope,
and quality for educational research and development in
accordance with paragraph (4), except that no such
center shall receive such a grant or contract for less
than $1,100,000 for such fiscal year. Each such center
shall engage in research, development and dissemination
involving topics relevant to the mission of the
directorate supporting such center.
(C) Special rule.--No research and development
center supported by the Office and operating on the day
preceding the date of enactment of this Act shall by
reason of receipt of such support be ineligible to
receive any other assistance from the Office authorized
by law.
(4) National research centers.--
(A) Duration.--The grants or contracts awarded or
entered into to support national research centers
described in paragraph (3)(B) shall be awarded or
entered into for a period of at least 5 years, and may
be renewed for additional periods of 5 years after
periodic review by the Assistant Secretary.
(B) Review.--All applications to establish a
national research center shall be reviewed by
independent experts in accordance with standards and
guidelines developed by the Office pursuant to
subsections (a)(2)(B)(iv)(X) and (b)(3)(A)(iii). Such
standards and guidelines shall include--
(i) whether applicants have assembled a
group of high quality researchers sufficient to
achieve the mission of the center;
(ii) whether the proposed organizational
structure and arrangements will facilitate
achievement of the mission of the center;
(iii) whether there is a substantial staff
commitment to the work of the center;
(iv) whether the directors and support
staff are full-time employees, to the extent
practicable;
(v) review of the contributions of the
applicant's primary researchers for the purpose
of evaluating the appropriateness of such
primary researchers' experiences and expertise
in the context of the proposed center
activities, and the adequacy of such primary
researchers' time commitments to achievement of
the mission of the center; and
(vi) the manner in which the results of
education research will be disseminated for
further use.
(5) Publication.--The Assistant Secretary shall publish
proposed research priorities developed by each directorate in
the Federal Register every 2 years, not later than October 1 of
each year, and shall allow a period of 60 days for public
comments and suggestions.
(d) National Directorate on Curriculum, Instruction, and
Assessment.--The Assistant Secretary shall establish and operate the
National Directorate on Curriculum, Instruction, and Assessment. The
directorate established under this subsection is authorized to conduct
research on--
(1) methods to improve student achievement at all
educational levels in core content areas;
(2) methods to improve the process of reading, the craft of
writing, the growth of reasoning skills, and the development of
information-finding skills;
(3) enabling students to develop higher order thinking
skills;
(4) methods to teach effectively all students in mixed-
ability classrooms;
(5) developing, identifying, or evaluating new educational
assessments, including performance-based and portfolio
assessments which demonstrate skill and a command of knowledge;
(6) standards for what students should know and be able to
do, particularly standards of desired performance set at
internationally competitive levels;
(7) the use of testing in the classroom and its impact on
improving student achievement, including an analysis of how
testing affects what is taught;
(8) test bias as such bias affects historically underserved
girls, women, and minority populations;
(9) test security, accountability, validity, reliability
and objectivity;
(10) relevant teacher training and instruction in giving a
test, scoring a test and in the use of test results to improve
student achievement;
(11) curriculum development designed to meet challenging
standards, including State efforts to develop such curriculum;
(12) the need for, and methods of delivering, teacher
education, development, and inservice training;
(13) curriculum, instruction, and assessment in vocational
education and school-to-work transition;
(14) educational methods and activities to reduce and
prevent violence in schools;
(15) the use of technology in learning, teaching, and
testing;
(16) methods of involving parents in their children's
education and ways to involve business, industry, and other
community partners in promoting excellence in schools; and
(17) other topics relevant to the mission of the
directorate.
(e) National Directorate on the Educational Achievement of
Historically Underserved Populations.--The Assistant Secretary shall
establish and operate a National Directorate on the Educational
Achievement of Historically Underserved Populations, the activities of
which shall be closely coordinated with those of the directorate
described in subsection (d). The directorate established under this
subsection is authorized to conduct research on--
(1) the quality of educational opportunities afforded
historically underserved populations, including minority
students, students with disabilities, economically
disadvantaged students, girls, women, limited-English
proficient students, and Indian and Alaska Native students,
particularly the quality of educational opportunities afforded
such populations in highly concentrated urban areas and
sparsely populated rural areas;
(2) effective institutional practices for expanding
opportunities for such groups;
(3) methods for overcoming the barriers to learning that
may impede student achievement;
(4) innovative teacher training and professional
development methods to help the historically underserved meet
challenging standards;
(5) the use of technology to improve the educational
opportunities and achievement of the historically underserved;
(6) the means by which parents, community resources and
institutions (including cultural institutions) can be utilized
to support and improve the achievement of at-risk students;
(7) methods to improve the quality of the education of
American Indian and Alaska Native students not only in schools
funded by the Bureau of Indian Affairs, but also in public
elementary and secondary schools located on or near Indian
reservations, including--
(A) research on mechanisms to facilitate the
establishment of tribal departments of education that
assume responsibility for all education programs of
State educational agencies operating on an Indian
reservation and all education programs funded by the
Bureau of Indian Affairs on an Indian reservation;
(B) research on the development of culturally
appropriate curriculum for American Indian and Alaska
Native students, including American Indian and Alaska
Native culture, language, geography, history and social
studies, and graduation requirements related to such
curriculum;
(C) research on methods for recruiting, training
and retraining qualified teachers from American Indian
and Alaska Native communities, including research to
promote flexibility in the criteria for certification
of such teachers;
(D) research on techniques for improving the
educational achievement of American Indian and Alaska
Native students, including methodologies to reduce
dropout rates and increase graduation by such students;
and
(E) research concerning the performance by American
Indian and Alaska Native students of limited-English
proficiency on standardized achievement tests, and
related factors; and
(8) other topics relevant to the mission of the
directorate.
(f) National Directorate on Early Childhood Development and
Education.--The Assistant Secretary shall establish and operate the
National Directorate on Early Childhood Development and Education,
which shall have a special emphasis on families and communities as
families and communities relate to early childhood education. The
directorate established under this subsection is authorized to conduct
research on--
(1) effective teaching and learning methods, and
curriculum;
(2) instruction that considers the cultural experiences of
children;
(3) access to current materials in libraries;
(4) family literacy and parental involvement in student
learning;
(5) the impact that outside influences have on learning,
including television, and drug and alcohol abuse;
(6) methods for integrating learning in settings other than
the classroom, particularly within families and communities;
(7) teacher training;
(8) readiness to learn, including topics such as prenatal
care, nutrition, and health services;
(9) the use of technology, including methods to help
parents instruct their children; and
(10) other topics relevant to the mission of the
directorate.
(g) National Directorate on Elementary and Secondary Educational
Governance, Finance, Policymaking, and Management.--The Assistant
Secretary shall establish and operate a National Directorate on
Elementary and Secondary Educational Governance, Finance, Policymaking,
and Management. The directorate established under this subsection is
authorized to conduct research on--
(1) the relationship among finance, organization, and
management, and educational productivity, particularly with
respect to student achievement across educational levels and
core content areas;
(2) school-based management, shared decisionmaking and
other innovative school structures, and State and local reforms
and educational policies, which show promise for improving
student achievement;
(3) innovative school design, including lengthening the
school day and the school year, reducing class size and
building professional development into the weekly school
schedule and, as appropriate, conducting such further research
as may be recommended or suggested by the report issued by the
National Education Commission on Time and Learning pursuant to
section 443 of the General Education Provisions Act;
(4) the social organization of schooling and the inner-
workings of schooling;
(5) policy decisions at all levels and the impact of such
decisions on school achievement and other student outcomes;
(6) effective approaches to organizing learning;
(7) effective ways of grouping students for learning so
that a student is not labeled or stigmatized in ways that may
impede such student's achievement;
(8) the amount of dollars allocated for education that are
actually spent on classroom instruction;
(9) the organization, structure, and finance of vocational
education;
(10) disparity in school financing among States, school
districts, and schools funded by the Bureau of Indian Affairs;
(11) the use of technology in areas such as assisting in
school-based management or ameliorating the effects of
disparity in school financing among States, school districts,
and schools funded by the Bureau of Indian Affairs;
(12) approaches to systemic reforms involving the
coordination of multiple policies at the local, State, and
Federal levels of government to promote higher levels of
student achievement;
(13) the special adult education needs of historically
underserved and minority populations;
(14) the involvement of parents and families in the
management and governance of schools and the education of their
children; and
(15) other topics relevant to the mission of the
directorate.
(h) National Directorate on Adult Education, Literacy and Lifelong
Learning.--The Assistant Secretary shall establish and operate a
National Directorate on Adult Education, Literacy and Lifelong
Learning. The directorate established under this subsection is
authorized to conduct research on--
(1) learning and performance of adults, and policies and
methods for improving learning in contexts that include school-
to-work, worker retraining, and second-language acquisition;
(2) the most effective training methods for adults to
upgrade education and vocational skills;
(3) opportunities for adults to continue their education
beyond higher education and graduate school, in the context of
lifelong learning and information-finding skills;
(4) adult literacy and effective methods, including
technology, to eliminate illiteracy;
(5) preparing students for a lifetime of work, the ability
to adapt through retraining to the changing needs of the work
force and the ability to learn new tasks;
(6) the use of technology to develop and deliver effective
training methods for adults to upgrade their education and
their vocational skills; and
(7) other topics relevant to the mission of the
directorate.
(i) Personnel.--
(1) In general.--The Assistant Secretary may appoint, for
terms not to exceed 3 years (without regard to the provisions
of title 5, United States Code governing appointment in the
competitive service) and may compensate (without regard to the
provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay
rates) such scientific or professional employees of the Office
as the Assistant Secretary considers necessary to accomplish
the functions of the Office. Such employees shall not exceed
one-fifth of the number of full-time, regular scientific or
professional employees of the Office. The rate of basic pay for
such employees may not exceed the maximum annual rate of pay
for grade GS-15 under section 5332 of title 5, United States
Code.
(2) Reappointment.--The Assistant Secretary may reappoint
employees described in paragraph (1) upon presentation of a
clear and convincing justification of need, for 1 additional
term not to exceed 3 years. All such employees shall work on
activities of the Office and shall not be reassigned to other
duties outside the Office during their term.
(j) Selection Procedures and Fellowships.--
(1) Selection procedures.--When making competitive awards
under this section, the Assistant Secretary shall--
(A) solicit recommendations and advice regarding
research priorities, opportunities, and strategies from
qualified experts, such as education professionals and
policymakers, librarians, personnel of the regional
educational laboratories described in subsection (k)
and of the research and development centers assisted
under this section, and the Advisory Board, as well as
parents and other members of the general public;
(B) employ suitable selection procedures using the
procedures and principles of peer review providing an
appropriate balance between expertise in research and
practice for all proposals so that technical research
merit is judged by research experts and programmatic
relevance is judged by program experts, except where
such peer review procedures are clearly inappropriate
given such factors as the relatively small amount of a
grant or contract or the exigencies of the situation;
and
(C) determine that the activities assisted will be
conducted efficiently, will be of high quality, and
will meet priority research and development needs under
this section.
(2) Fellowships.--
(A) Publication.--The Assistant Secretary shall
publish proposed research priorities for the awarding
of research fellowships under this paragraph in the
Federal Register every 2 years, not later than October
1 of each year, and shall allow a period of 60 days for
public comments and suggestions.
(B) Competition.--Prior to awarding a fellowship
under this paragraph, the Assistant Secretary shall
invite applicants to compete for such fellowships
through notice published in the Federal Register.
(C) Authority.--From amounts appropriated pursuant
to the authority of subsection (q)(1), the Assistant
Secretary may establish and maintain research
fellowships in the Office, for scholars, researchers,
policymakers, education practitioners, librarians, and
statisticians engaged in the use, collection, and
dissemination of information about education and
educational research. Subject to regulations published
by the Assistant Secretary, fellowships may include
such stipends and allowances, including travel and
subsistence expenses provided under title 5, United
States Code, as the Assistant Secretary considers
appropriate.
(k) Regional Educational Laboratories for Research, Dissemination,
and Technical Assistance.--
(1) Authority.--
(A) In general.--Subject to subparagraph (B), the
Assistant Secretary shall support at least 10 but not
more than 20 regional educational laboratories
established by public agencies or private nonprofit
organizations.
(B) Special rule.--In any fiscal year in which the
amount appropriated pursuant to the authority of
subsection (q)(2) exceeds $38,000,000, the Assistant
Secretary may use the amount in excess of $38,000,000
to support a regional educational laboratory serving a
region not in existence on the day preceding the date
of enactment of this Act, if such amount is equal to or
exceeds $2,000,000.
(C) Priority.--The Assistant Secretary shall give
priority to supporting a regional educational
laboratory that involves the combination or subdivision
of a region or regions, such that States within a
region in existence on the day preceding the date of
enactment of this Act may be combined with States in
another such region to form a new region so long as
such combination does not result in any region in
existence on such date permanently becoming part of a
larger region, nor of any such region permanently
subsuming another region.
(2) Definition.--For purposes of this subsection, the term
``regional educational laboratory'' means a public agency or
institution or a private nonprofit organization that--
(A) serves the education improvement needs in a
geographic region of the United States; and
(B) advances the National Education Goals.
(3) Duties.--Each regional educational laboratory shall--
(A) have as its central mission and primary
function--
(i) to develop and disseminate educational
research products and processes to schools,
teachers, local educational agencies, State
educational agencies, librarians, and schools
funded by the Bureau of Indian Affairs; and
(ii) through such development and
dissemination and the provision of technical
assistance, to help all students learn to
challenging standards;
(B) provide technical assistance to State and local
educational agencies, school boards, schools funded by
the Bureau of Indian Affairs, State boards of
education, schools, and librarians in accordance with
the prioritization described in paragraph (4)(B)(vi)
and needs related to standard-driven education reform;
(C) facilitate school restructuring at the
individual school level, including technical assistance
for adapting model demonstration grant programs to each
school;
(D) serve the educational development needs of the
region by providing education research in usable forms
in order to promote school improvement and academic
achievement and to correct educational deficiencies;
(E) develop a plan for identifying and serving the
needs of the region by conducting a continuing survey
of the educational needs, strengths, and weaknesses
within the region, including a process of open hearings
to solicit the views of schools, teachers,
administrators, parents, local educational agencies,
librarians, and State educational agencies within the
region;
(F) use applied educational research to assist in
solving site-specific problems and to assist in
development activities;
(G) conduct applied research projects designed to
serve the particular needs of the region only in the
event that such quality applied research does not exist
as determined by the regional education laboratory or
the Department of Education;
(H) facilitate communication between educational
experts, school officials, and teachers, parents, and
librarians, to enable such individuals to assist
schools to develop a plan to meet the National
Education Goals;
(I) bring teams of experts together to develop and
implement school improvement plans and strategies;
(J) provide training in--
(i) the field of education research and
related areas;
(ii) the use of new educational methods;
and
(iii) the use of information-finding
methods, practices, techniques, and products
developed in connection with such training for
which the regional educational laboratory may
support internships and fellowships and provide
stipends;
(K) coordinate such laboratory's activities with
the directorates assisted under this section in
designing such laboratory's services and projects, in
order to--
(i) maximize the use of research conducted
through the directorates in the work of such
laboratory;
(ii) keep the directorates apprised of the
work of the regional educational laboratories
in the field; and
(iii) inform the directorates about
additional research needs identified in the
field;
(L) develop with the State educational agencies and
library agencies in the region and the Bureau of Indian
Affairs a plan for serving the region;
(M) collaborate and coordinate services with other
technical assistance funded by the Department of
Education; and
(N) cooperate with other regional laboratories to
develop and maintain a national network that addresses
national education problems.
(4) Governing board.--
(A) In general.--In carrying out the activities
described in paragraph (3), each regional educational
laboratory shall operate under the direction of a
governing board, the members of which--
(i) are representative of that region; and
(ii) include teachers and education
researchers.
(B) Duties.--Each such governing board shall--
(i) determine, subject to the requirements
of this section and in consultation with the
Assistant Secretary, the mission of the
regional educational laboratory;
(ii) ensure that the regional educational
laboratory attains and maintains a high level
of quality in its work and products;
(iii) establish standards to ensure that
the regional educational laboratory has strong
and effective governance, organization,
management, and administration, and employs
qualified staff;
(iv) direct the regional educational
laboratory to carry out the regional
educational laboratory's duties in a manner as
will make progress toward achieving the
National Education Goals and reforming schools
and educational systems;
(v) conduct a continuing survey of the
educational needs, strengths, and weaknesses
within the region, including a process of open
hearings to solicit the views of schools and
teachers; and
(vi) prioritize the needs of economically
disadvantaged urban and rural areas within the
region and ensure that such needs are served by
the regional educational laboratory.
(5) Application.--Each entity desiring support for a
regional educational laboratory shall submit to the Assistant
Secretary an application that contains such information as the
Assistant Secretary may reasonably require, including
assurances that a regional educational laboratory will address
the activities described in paragraph (3).
(6) Additional projects.--In addition to activities
described in paragraph (3), the Assistant Secretary, from
amounts appropriated pursuant to subsection (q)(4), is
authorized to enter into agreements with a regional educational
laboratory for the purpose of carrying out additional projects
to enable such regional educational laboratory to assist in
efforts to achieve the National Education Goals and for other
purposes.
(7) Special rule.--No regional educational laboratory
shall, by reason of receipt of assistance under this section,
be ineligible to receive any other assistance from the Office
authorized by law or be prohibited from engaging in activities
involving international projects or endeavors.
(8) Plan.--Not later than July 1 of each year, each
regional educational laboratory shall submit to the Assistant
Secretary a plan covering the succeeding fiscal year, in which
such laboratory's mission, activities and scope of work are
described, including a general description of--
(A) the plans such laboratory expects to submit in
the 4 succeeding years; and
(B) an assessment of how well such laboratory is
meeting the needs of the region.
(9) Contract duration.--The Assistant Secretary shall enter
into a contract for the purpose of supporting a regional
educational laboratory under this subsection for a minimum of 5
years. The Secretary shall ensure that the recompetition cycles
for new contracts for regional educational laboratories are
carried out in such a manner that the expiration of the
laboratory contracts is consistent with the reauthorization
cycle.
(10) Review.--The Assistant Secretary shall review the work
of each regional educational laboratory in the third year that
such laboratory receives assistance under this subsection, and
shall evaluate the performance of such laboratory's activities
to determine if such activities are consistent with the duties
described in paragraph (3).
(11)<plus-minus> Construction.--Nothing in this subsection
shall be construed to require any modifications in the regional
educational laboratory contracts in effect on the day preceding
the date of enactment of this Act.
(12) Advance payment system.--Each regional educational
laboratory shall participate in the advance payment system of
the Department of Education.
(13) Coordination.--The regional education laboratories
shall work collaboratively, and coordinate the services such
laboratories provide, with the technical assistance centers
authorized under the Elementary and Secondary Education Act of
1965.
(l) Teacher Research Dissemination Demonstration Program.--
(1) Findings.--The Congress finds that--
(A) education research, including research funded
by the Office, is not having the impact on the Nation's
schools that such research should;
(B) relevant education research and resulting
solutions are not being adequately disseminated to and
used by the teachers that need such research and
solutions;
(C) there are insufficient linkages between the
research and development centers assisted under this
section, the regional educational laboratories
described in subsection (k), the National Diffusion
Network State facilitators, the Education Resources
Information Clearinghouses, the comprehensive technical
assistance centers assisted under the Elementary and
Secondary Education Act of 1965, and the public schools
to ensure that research on effective practice is
disseminated and technical assistance provided to all
teachers;
(D) the average teacher has little time to plan or
engage in a professional dialogue with peers about
strategies for improved learning;
(E) teachers do not have direct access to
information systems or networks;
(F) teachers have little control over what
inservice education teachers will be offered; and
(G) individual teachers are not encouraged to move
beyond the walls of their school buildings to identify
and use outside resources.
(2) Establishment.--
(A) In general.--The Secretary is authorized to
make grants to, and enter into contracts or cooperative
agreements with, public and private agencies and
organizations, including institutions of higher
education, the regional education laboratories, and the
research and development centers, or consortia
thereof--
(i) to develop and carry out projects that
demonstrate effective strategies for helping
elementary and secondary education teachers, in
both urban and rural areas, become
knowledgeable about, assist in the design and
use of, and use, education research, including
education research carried out under this
section; and
(ii) to develop, implement, and evaluate
models for creation of teacher research
dissemination networks.
(B) Priority.--In awarding grants and entering into
contracts and cooperative agreements under subparagraph
(A) the Secretary shall give priority to entities that
have received Federal funds for research and
dissemination.
(3) Applications.--
(A) In general.--An entity desiring to receive
assistance under this subsection shall submit an
application to the Secretary in such form, at such
time, and containing such information and assurances as
the Secretary may require.
(B) Contents.--Each such application shall describe
how the project described in the application--
(i) was developed with the active
participation of elementary and secondary
school teachers;
(ii) will include the continuing
participation of elementary and secondary
school teachers in the management of the
project;
(iii) is organized around one or more
significant research topics;
(iv) will involve collaboration with
entities that have received Federal funds for
research and dissemination; and
(v) will sustain over time teacher research
dissemination networks after Federal funding
for such networks terminates.
(4) Use of funds.--Funds provided under this subsection may
be used--
(A) to train elementary and secondary education
teachers (particularly new teachers) about the sources
of education research findings, including research
findings available through activities supported by the
Office, and how to access and use such findings to
improve the quality of instruction;
(B) to develop simple formats, both administrative
and technological, that allow elementary and secondary
education teachers easy access to and use of education
research findings;
(C) to share strategies and materials;
(D) to support professional networks;
(E) to survey teacher needs in the areas of
research and development; and
(F) for other activities designed to support
elementary and secondary education teachers in becoming
knowledgeable about, assisting in the design of, and
using, educational research.
(5) Stipends.--The Secretary may provide for the payment of
such stipends (including allowances for subsistence and other
expenses for elementary and secondary teachers), as the
Secretary determines to be appropriate, to teachers
participating in the projects authorized under this subsection.
(6) Coordination.--Recipients of funds under this
subsection shall, to the greatest extent possible, coordinate
their activities with related activities under the Elementary
and Secondary Education Act of 1965.
(7) Report.--The Secretary shall, within 5 years of the
date of enactment of this Act, submit to the Congress a report
on the effectiveness of activities assisted under this
subsection.
(m) Office of Dissemination and Reform Assistance.--
(1) In general.--The Assistant Secretary shall establish an
Office of Dissemination and Reform Assistance, which may
include the Education Resources Information Clearinghouses, the
regional educational laboratories, the National Clearinghouse
for Science and Mathematics Resources, the National Diffusion
Network, the National Education Library, and such other
programs and activities as the Assistant Secretary deems
appropriate. The Office of Dissemination and Reform Assistance
shall be headed by a Director who shall be appointed by the
Assistant Secretary and have a demonstrated expertise and
experience in dissemination.
(2) Duties.--In carrying out its dissemination activities,
the Office of Dissemination and Reform Assistance shall--
(A) operate a depository for all Department of
Education publications and products and make available
for reproduction such publications and products;
(B) coordinate the dissemination efforts of all
Office of Educational Research and Improvement program
offices, the regional educational laboratories, the
directorates assisted under this section, the National
Diffusion Network, and the Education Resources
Information Clearinghouses;
(C) disseminate relevant and useful research,
information, products, and publications developed
through or supported by the Department of Education to
schools throughout the Nation;
(D) develop the capacity to connect schools and
teachers seeking information with the relevant regional
educational laboratories assisted under subsection (k),
the National Diffusion Network, the directorates
assisted under this section, and the Education
Resources Information Clearinghouses; and
(E) provide an annual report to the Secretary
regarding the types of information, products, and
services that teachers, schools, and school districts
have requested and have determined to be most useful,
and describe future plans to adapt Department of
Education products and services to address the needs of
the users of such information, products, and services.
(3) Additional activities.--In addition, the Office of
Dissemination and Reform Assistance may--
(A) use media and other educational technology to
carry out dissemination activities, including program
development;
(B) establish and maintain a database on all
research and improvement efforts funded through the
Department of Education;
(C) actively encourage cooperative publishing of
significant publications;
(D) disseminate information on successful models
and educational methods which have been recommended to
the Office of Dissemination and Reform Assistance by
educators, educational organizations, nonprofit
organizations, businesses, and foundations, and
disseminate such models by including, with any such
information, an identification of the entity or
entities that have recommended the program; and
(E) engage in such other dissemination activities
as the Assistant Secretary determines necessary.
(n) National Diffusion Network State Facilitators.--The National
Diffusion Network described in section 1562 of the Elementary and
Secondary Education Act of 1965 is authorized to provide information
through National Diffusion Network State facilitators on model or
demonstration projects funded by the Department of Education. For
purposes of carrying out this subsection, information on such model
projects does not have to be approved through the program effectiveness
panel, but may be provided directly through the State facilitators. In
addition, the National Diffusion Network may disseminate other
information available through the Office of Education Dissemination and
Reform Assistance established under subsection (m) through the National
Diffusion Network.
(o) National Education Library.--
(1) Establishment.--There shall be established a National
Library of Education at the Department of Education (hereafter
in this subsection referred to as the ``Library'') which
shall--
(A) be a national resource center for teachers,
scholars, librarians, State, local, and Indian tribal
education officials, parents, and other interested
individuals; and
(B) provide resources to assist in the--
(i) advancement of research on education;
(ii) dissemination and exchange of
scientific and other information important to
the improvement of education at all levels; and
(iii) improvement of educational
achievement.
(2) Mission.--The mission of the Library shall be to--
(A) become a principal center for the collection,
preservation, and effective utilization of the research
and other information related to education and to the
improvement of educational achievement;
(B) strive to ensure widespread access to the
Library's facilities and materials, coverage of all
education issues and subjects, and quality control;
(C) have an expert library staff; and
(D) use modern information technology that holds
the potential to link major libraries, schools, and
educational centers across the United States into a
network of national education resources.
(3) Functions.--The Library shall--
(A) establish a policy to acquire and preserve
books, periodicals, data, prints, films, recordings,
and other library materials related to education;
(B) establish a policy to disseminate information
about the materials available in the Library;
(C) make available through loans, photographic or
other copying procedures, or otherwise, such materials
in the Library as the Secretary deems appropriate; and
(D) provide reference and research assistance.
(4) Librarian.--
(A) In general.--The Secretary shall appoint a
librarian to head the Library.
(B) Experience.--The individual appointed pursuant
to subparagraph (A) shall have extensive experience as
a librarian.
(C) Solicitation of nominations.--The Secretary
shall solicit nominations from individuals and
organizations before making the appointment described
in subparagraph (A).
(D) Salary.--The librarian shall be paid at not
less than the minimum rate of pay payable for level GS-
15 of the General Schedule.
(p) Education Resources Information Clearinghouses.--The Assistant
Secretary shall establish and support Education Resources Information
Clearinghouses (including directly supporting dissemination services)
having such functions as the clearinghouses had on the day preceding
the date of enactment of this Act, except that--
(1) the Assistant Secretary shall establish for the
clearinghouses a coherent policy for the abstraction from, and
inclusion in, the educational resources information
clearinghouse system books, periodicals, reports, and other
materials related to education; and
(2) the clearinghouses shall collect and disseminate
information on alternative management demonstration projects
operating in public schools throughout the Nation.
(q) Authorization of Appropriations.--
(1) Directorates of educational research.--
(A) In general.--There are authorized to be
appropriated $100,000,000 for fiscal year 1995, and
such sums as may be necessary for each of the fiscal
years 1996 through 1999, to carry out subsections (c)
through (h), relating to the Directorates of
Educational Research.
(B) Appropriations of $70,000,000 or less.--From
the amount made available under clause (i) in any
fiscal year in which the amount appropriated to carry
out such clause is $70,000,000 or less--
(i) at least 25 percent of such amount
shall be available to carry out subsection (d),
relating to the National Directorate on
Curriculum, Instruction, and Assessment;
(ii) at least 10 percent of such amount
shall be available to carry out subsection (e),
relating to the National Directorate on the
Educational Achievement of Historically
Underserved Populations;
(iii) at least 10 percent of such amount
shall be available to carry out subsection (f),
relating to the National Directorate on Early
Childhood Development and Education;
(iv) at least 5 percent of such amount
shall be available to carry out subsection (g),
relating to the National Directorate on
Elementary and Secondary Educational
Governance, Finance, Policymaking, and
Management;
(v) at least 5 percent of such amount shall
be available to carry out subsection (h),
relating to the National Directorate on Adult
Education, Literacy and Lifelong Learning; and
(vi) not more than 10 percent of such
amount shall be available to carry out
synthesis and coordination activities described
in subsection (c)(1)(C).
(C) Appropriations greater than $70,000,000.--From
the amount made available under clause (i) in any
fiscal year in which the amount appropriated to carry
out such clause is greater than $70,000,000--
(i) at least 30 percent of such amount
shall be available to carry out subsection (d),
relating to the National Directorate on
Curriculum, Instruction, and Assessment;
(ii) at least 10 percent of such amount
shall be available to carry out subsection (e),
relating to the National Directorate on the
Educational Achievement of Historically
Underserved Populations;
(iii) at least 10 percent of such amount
shall be available to carry out subsection (f),
relating to the National Directorate on Early
Childhood Development and Education;
(iv) at least 10 percent of such amount
shall be available to carry out subsection (g),
relating to the National Directorate on
Elementary and Secondary Educational
Governance, Finance, Policymaking, and
Management;
(v) at least 10 percent of such amount
shall be available to carry out subsection (h),
relating to the National Directorate on Adult
Education, Literacy and Lifelong Learning; and
(vi) not more than 10 percent of such
amount shall be available to carry out
synthesis and coordination activities described
in subsection (c)(1)(C).
(D) Special rule.--Not less than 95 percent of
funds appropriated pursuant to the authority of clause
(i) in any fiscal year shall be expended to carry out
this section through grants, cooperative agreements, or
contracts.
(2) Regional educational laboratories.--There are
authorized to be appropriated $41,000,000 for fiscal year 1995,
and such sums as may be necessary for each of the fiscal years
1996 through 1999, to carry out subsection (k), relating to the
regional educational laboratories.
(3) Teacher research dissemination demonstration program.--
(A) In general.--There are authorized to be
appropriated $10,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the fiscal years
1996 through 1999, to carry out the provisions of
subsection (l), relating to the teacher research
dissemination demonstration program.
(B) Peer review.--The Secretary may use not more
than 0.2 percent of the amount appropriated pursuant to
the authority of subparagraph (A) for each fiscal year
for peer review of applications under this section.
(4) Office of dissemination and reform assistance.--There
are authorized to be appropriated $5,000,000 for fiscal year
1995, and such sums as may be necessary for each of the fiscal
years 1996 through 1999, to carry out subsections (m) and
(k)(6), relating to the Office of Education Dissemination and
Reform Assistance and additional projects for regional
educational laboratories, respectively.
(5) National diffusion network state facilitators.--There
are authorized to be appropriated $10,000,000 for the fiscal
year 1995, and such sums as may be necessary for each of fiscal
years 1996 through 1999, to carry out subsection (n), relating
to the National Diffusion Network State Facilitators.
(6) National education library.--There are authorized to be
appropriated $10,000,000 for fiscal year 1995, and such sums as
may be necessary for each of the fiscal years 1996 through
1999, to carry out subsection (o), relating to the National
Education Library.
(7) Education resources information clearinghouses.--There
are authorized to be appropriated $10,000,000 for fiscal year
1995, and such sums as may be necessary for each of the fiscal
years 1996 through 1999, to carry out subsection (p), relating
to the Education Resources Information Clearinghouses.
(8) Administration of funds.--When more than one Federal
agency uses funds to support a single project under this
section, the Office may act for all such agencies in
administering such funds.
(r) Existing Contracts and Grants.--
(1) Special rule.--Notwithstanding any other provision of
law, grants or contracts for the regional educational
laboratories and the centers assisted under section 405 of the
General Education Provisions Act on the day preceding the date
of enactment of this Act shall remain in effect until the
termination date of such grants or contracts, except that the
grants or contracts for such centers which terminate before the
competition for the new centers described in subsection
(c)(3)(B) is completed may be extended until the time that the
awards for such new centers are made.
(2) Funding.--The Secretary shall use amounts appropriated
pursuant to the authority of subsection (q)(1)(A) to support
the grants or contracts described in paragraph (1).
SEC. 913. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements, grants,
contracts, certificates, licenses, registrations, privileges, and other
administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions of the Office of Educational
Research and Improvement (as such functions existed on the day
before the date of enactment of this Act); and
(2) which are in effect at the time this title takes
effect, or were final before the effective date of this title
and are to become effective on or after the effective date of
this title,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary or other authorized official, a court of
competent jurisdiction, or by operation of law.
(b) Proceedings Not Affected.--The provisions of this title shall
not affect any proceedings, including notices of proposed rulemaking,
or any application for any license, permit, certificate, or financial
assistance pending before the Office of Educational Research and
Improvement at the time this title takes effect, with respect to
functions of such Office but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings, appeals shall be
taken therefrom, and payments shall be made pursuant to such orders, as
if this title had not been enacted, and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in this
subsection shall be deemed to prohibit the discontinuance or
modification of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been
discontinued or modified if this title had not been enacted.
(c) Suits Not Affected.--The provisions of this title shall not
affect suits commenced before the effective date of this title, and in
all such suits, proceedings shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if this title
had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other proceeding
commenced by or against the Office of Educational Research and
Improvement, or by or against any individual in the official capacity
of such individual as an officer of the Office of Educational Research
and Improvement, shall abate by reason of the enactment of this title.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the preparation or
promulgation of a regulation by the Office of Educational Research and
Improvement relating to a function of such Office under this title may
be continued by the Office of Educational Research and Improvement with
the same effect as if this title had not been enacted.
SEC. 914. FIELD READERS.
Section 402 of the Department of Education Organization Act (20
U.S.C. 3462) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Special Rule.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may use not more than 1 percent of the funds
appropriated for any education program that awards such funds
on a competitive basis to pay the expenses and fees of non-
Federal experts necessary to review applications and proposals
for such funds.
``(2) Applicability.--The provisions of paragraph (1) shall
not apply to any education program under which funds are
authorized to be appropriated to pay the fees and expenses of
non-Federal experts to review applications and proposals for
such funds.''.
PART B--EDUCATIONAL IMPROVEMENT PROGRAMS
Subpart 1--International Education Program
SEC. 921. INTERNATIONAL EDUCATION PROGRAM.
(a) Program Established.--The Secretary shall carry out an
International Education Program in accordance with this section that
shall provide for--
(1) the study of international education programs and
delivery systems; and
(2) an international education exchange program.
(b) Assessment and Information.--The Secretary shall award grants
for the study, evaluation and analysis of education systems in other
nations, particularly Great Britain, France, Germany and Japan. Such
studies shall focus upon a comparative analysis of curriculum,
methodology and organizational structure, including the length of the
school year and school day. In addition, the studies shall provide an
analysis of successful strategies employed by other nations to improve
student achievement, with a specific focus upon application to
schooling and the National Education Goals.
(c) International Education Exchange.--
(1) Requirement.--
(A) In general.--The Secretary shall carry out a
program to be known as the International Education
Exchange Program. Under such program the Secretary
shall award grants to or enter into contracts with
organizations with demonstrated effectiveness or
expertise in international achievement comparisons, in
order to--
(i) make available to educators from
eligible countries exemplary curriculum and
teacher training programs in civics and
government education and economic education
developed in the United States;
(ii) assist eligible countries in the
adaptation and implementation of such programs
or joint research concerning such programs;
(iii) create and implement educational
programs for United States students which draw
upon the experiences of emerging constitutional
democracies;
(iv) provide a means for the exchange of
ideas and experiences in civics and government
education and economic education among
political, educational and private sector
leaders of participating eligible countries;
and
(v) provide support for--
(I) research and evaluation to
determine the effects of educational
programs on students' development of
the knowledge, skills and traits of
character essential for the
preservation and improvement of
constitutional democracy; and
(II) effective participation in and
the preservation and improvement of an
efficient market economy.
(B) Reservations.--In carrying out the program
described in subparagraph (A), the Secretary shall
reserve in each fiscal year--
(i) 50 percent of the amount available to
carry out this subsection for civics and
government education activities; and
(ii) 50 percent of such amount for economic
education activities.
(2) Contract authorized.--
(A) In general.--The Secretary is authorized to
contract with independent nonprofit educational
organizations to carry out the provisions of this
subsection.
(B) Number.--The Secretary shall award at least 1
but not more than 3 contracts described in subparagraph
(A) in each of the areas described in clauses (i) and
(ii) of paragraph (1)(B).
(C) Avoidance of duplication.--The Secretary shall
award contracts described in subparagraph (A) so as to
avoid duplication of activities in such contracts.
(D) Requirements.--Each organization with which the
Secretary enters into a contract pursuant to
subparagraph (A) shall--
(i) be experienced in--
(I) the development and national
implementation of curricular programs
in civics and government education and
economic education for students from
grades kindergarten through 12 in
local, intermediate, and State
educational agencies, in schools funded
by the Bureau of Indian Affairs, and in
private schools throughout the Nation
with the cooperation and assistance of
national professional educational
organizations, colleges and
universities, and private sector
organizations;
(II) the development and
implementation of cooperative
university and school based inservice
training programs for teachers of
grades kindergarten through grade 12
using scholars from such relevant
disciplines as political science,
political philosophy, history, law and
economics;
(III) the development of model
curricular frameworks in civics and
government education and economic
education;
(IV) the administration of
international seminars on the goals and
objectives of civics and government
education or economic education in
constitutional democracies (including
the sharing of curricular materials)
for educational leaders, teacher
trainers, scholars in related
disciplines, and educational
policymakers; and
(V) the evaluation of civics and
government education or economic
education programs; and
(ii) have the authority to subcontract with
other organizations to carry out the provisions
of this subsection.
(3) Activities.--The international education program
described in this subsection shall--
(A) provide eligible countries with--
(i) seminars on the basic principles of
United States constitutional democracy and
economics, including seminars on the major
governmental and economic institutions and
systems in the United States, and visits to
such institutions;
(ii) visits to school systems, institutions
of higher learning, and nonprofit organizations
conducting exemplary programs in civics and
government education and economic education in
the United States;
(iii) home stays in United States
communities;
(iv) translations and adaptations regarding
United States civics and government education
and economic education curricular programs for
students and teachers, and in the case of
training programs for teachers translations and
adaptations into forms useful in schools in
eligible countries, and joint research projects
in such areas;
(v) translation of basic documents of
United States constitutional government for use
in eligible countries, such as The Federalist
Papers, selected writings of Presidents Adams
and Jefferson and the Anti-Federalists, and
more recent works on political theory,
constitutional law and economics; and
(vi) research and evaluation assistance to
determine--
(I) the effects of educational
programs on students' development of
the knowledge, skills and traits of
character essential for the
preservation and improvement of
constitutional democracy; and
(II) effective participation in and
the preservation and improvement of an
efficient market economy;
(B) provide United States participants with--
(i) seminars on the histories, economics
and governments of eligible countries;
(ii) visits to school systems, institutions
of higher learning, and organizations
conducting exemplary programs in civics and
government education and economic education
located in eligible countries;
(iii) home stays in eligible countries;
(iv) assistance from educators and scholars
in eligible countries in the development of
curricular materials on the history, government
and economics of such countries that are useful
in United States classrooms;
(v) opportunities to provide on-site
demonstrations of United States curricula and
pedagogy for educational leaders in eligible
countries; and
(vi) research and evaluation assistance to
determine--
(I) the effects of educational
programs on students' development of
the knowledge, skills and traits of
character essential for the
preservation and improvement of
constitutional democracy; and
(II) effective participation in and
improvement of an efficient market
economy; and
(C) assist participants from eligible countries and
the United States in participating in international
conferences on civics and government education and
economic education for educational leaders, teacher
trainers, scholars in related disciplines, and
educational policymakers.
(4) Printer materials and programs.--All printed materials
and programs provided to foreign nations under this subsection
shall bear the logo and text used by the Marshall Plan after
World War II, that is, clasped hands with the inscription ``A
gift from the American people to the people of (insert name of
country)''.
(5) Participants.--The primary participants in the
international education program assisted under this subsection
shall be leading educators in the areas of civics and
government education and economic education, including
curriculum and teacher training specialists, scholars in
relevant disciplines, and educational policymakers, from the
United States and eligible countries.
(6) Personnel and technical experts.--The Secretary is
authorized to provide Department of Education personnel and
technical experts to assist eligible countries establish and
implement a database or other effective methods to improve
educational delivery systems, structure and organization.
(7) Definitions.--For the purpose of this subsection the
term ``eligible country'' means a Central European country, an
Eastern European country, Lithuania, Latvia, Estonia, Georgia,
the Commonwealth of Independent States, and any country that
formerly was a republic of the Soviet Union whose political
independence is recognized in the United States.
(d) Authorization of Appropriations.--
(1) Assessment and information.--There are authorized to be
appropriated $1,000,000 for fiscal year 1995, and such sums as
may be necessary for each of the fiscal years 1996 through
1999, to carry out subsection (b).
(2) International education exchange.--There are authorized
to be appropriated $10,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the fiscal years 1996
through 1999, to carry out subsection (c).
Subpart 2--Amendments to the Carl D. Perkins Vocational and Applied
Technology Education Act
SEC. 931. NATIONAL OCCUPATIONAL INFORMATION COORDINATING COMMITTEE.
Section 422 of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2422) is amended--
(1) in paragraph (2) of subsection (a), by inserting
``(including postsecondary employment and training programs)''
after ``training programs''; and
(2) in subsection (b)--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(B) in the matter preceding paragraph (1) (as
redesignated in subparagraph (A)), by inserting ``the
State board or agency governing higher education,''
after ``coordinating council,''; and
(C) in paragraph (1) (as redesignated in
subparagraph (A))--
(i) by striking ``Act and of'' and
inserting ``Act, of''; and
(ii) by inserting ``and of the State board
or agency governing higher education'' after
``Job Training Partnership Act'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following new
subsection:
``(d) Data Collection System.--In the development and design of a
system to provide data on graduation or completion rates, job placement
rates from occupationally specific programs, licensing rates, and
awards of high school graduate equivalency diplomas (GED), each State
board for higher education shall develop a data collection system the
results of which can be integrated into the occupational information
system developed under this section.''.
Subpart 3--Elementary Mathematics and Science Equipment Program
SEC. 941. SHORT TITLE.
This subpart may be cited as the ``Elementary Mathematics and
Science Equipment Act''.
SEC. 942. STATEMENT OF PURPOSE.
It is the purpose of this subpart to raise the quality of
instruction in mathematics and science in the Nation's elementary
schools by providing equipment and materials necessary for hands-on
instruction through assistance to State and local educational agencies.
SEC. 943. PROGRAM AUTHORIZED.
The Secretary is authorized to make allotments to State educational
agencies under section 944 to enable such agencies to award grants to
local educational agencies for the purpose of providing equipment and
materials to elementary schools to improve mathematics and science
education in such schools.
SEC. 944. ALLOTMENTS OF FUNDS.
(a) In General.--From the amount appropriated under section 950 for
any fiscal year, the Secretary shall reserve--
(1) not more than one-half of 1 percent for allotment among
Guam, American Samoa, the Virgin Islands, the Northern Mariana
Islands, the Republic of the Marshall Islands, the Federated
States of Micronesia, and the Republic of Palau according to
their respective needs for assistance under this subpart; and
(2) one-half of 1 percent for programs for Indian students
served by schools funded by the Secretary of the Interior which
are consistent with the purposes of this subpart.
(b) Allotment.--The remainder of the amount so appropriated (after
meeting requirements in subsection (a)) shall be allotted among State
educational agencies so that--
(1) one-half of such remainder shall be distributed by
allotting to each State educational agency an amount which
bears the same ratio to such one-half of such remainder as the
number of children aged 5 to 17, inclusive, in the State bears
to the number of such children in all States; and
(2) one-half of such remainder shall be distributed
according to each State's share of allocations under chapter 1
of title I of the Elementary and Secondary Education Act of
1965,
except that no State educational agency shall receive less than one-
half of 1 percent of the amount available under this subsection in any
fiscal year or less than the amount allotted to such State for fiscal
year 1988 under title II of the Education for Economic Security Act.
(c) Reallotment of Unused Funds.--The amount of any State
educational agency's allotment under subsection (b) for any fiscal year
to carry out this subpart which the Secretary determines will not be
required for that fiscal year to carry out this subpart shall be
available for reallotment from time to time, on such dates during that
year as the Secretary may determine, to other State educational
agencies in proportion to the original allotments to those State
educational agencies under subsection (b) for that year but with such
proportionate amount for any of those other State educational agencies
being reduced to the extent it exceeds the sum the Secretary estimates
that the State educational agency needs and will be able to use for
that year, and the total of those reductions shall be similarly
reallotted among the State educational agencies whose proportionate
amounts were not so reduced. Any amounts reallotted to a State
educational agency under this subsection during a year shall be deemed
a subpart of the State educational agency's allotment under subsection
(b) for that year.
(d) Definition.--For the purposes of this subpart the term
``State'' means each of the 50 States, the District of Columbia, and
the Commonwealth of Puerto Rico.
(e) Data.--The number of children aged 5 to 11, inclusive, in the
State and in all States shall be determined by the Secretary on the
basis of the most recent satisfactory data available to the Secretary.
SEC. 945. STATE APPLICATION.
(a) Application.--Each State educational agency desiring to receive
an allotment under this subpart shall file an application with the
Secretary which covers a period of 5 fiscal years. Such application
shall be filed at such time, in such manner, and containing or
accompanied by such information as the Secretary may reasonably
require.
(b) Contents of Application.--Each application described in
subsection (a) shall--
(1) provide assurances that--
(A) the State educational agency shall use the
allotment provided under this subpart to award grants
to local educational agencies within the State to
enable such local educational agencies to provide
assistance to schools served by such agency to carry
out the purpose of this subpart;
(B) the State educational agency will provide such
fiscal control and funds accounting as the Secretary
may require;
(C) every public elementary school in the State is
eligible to receive assistance under this subpart once
over the 5-year duration of the program assisted under
this subpart;
(D) funds provided under this subpart will
supplement, not supplant, State and local funds made
available for activities authorized under this subpart;
(E) during the 5-year period described in the
application, the State educational agency will evaluate
its standards and programs for teacher preparation and
inservice professional development for elementary
mathematics and science;
(F) the State educational agency will take into
account the needs for greater access to and
participation in mathematics and science by students
and teachers from historically underrepresented groups,
including females, minorities, individuals with
limited-English proficiency, the economically
disadvantaged, and individuals with disabilities; and
(G) that the needs of teachers and students in
areas with high concentrations of low-income students
and sparsely populated areas will be given priority in
awarding assistance under this subpart;
(2) provide, if appropriate, a description of how funds
paid under this subpart will be coordinated with State and
local funds and other Federal resources, particularly with
respect to programs for the professional development and
inservice training of elementary school teachers in science and
mathematics; and
(3) describe procedures--
(A) for submitting applications for programs
described in sections 236 and 237 for distribution of
assistance under this subpart within the State; and
(B) for approval of applications by the State
educational agency, including appropriate procedures to
assure that such agency will not disapprove an
application without notice and opportunity for a
hearing.
(c) State Administration.--Not more than 5 percent of the funds
allotted to each State educational agency under this subpart shall be
used for the administrative costs of such agency associated with
carrying out the program assisted under this subpart.
SEC. 946. LOCAL APPLICATION.
(a) Application.--A local educational agency that desires to
receive a grant under this subpart shall submit an application to the
State educational agency. Each such application shall contain
assurances that each school served by the local educational agency
shall be eligible for assistance under this subpart only once.
(b) Contents of Application.--Each application described in
subsection (a) shall--
(1) describe how the local educational agency plans to set
priorities on the use and distribution among schools of grant
funds received under this subpart to meet the purpose of this
subpart;
(2) include assurances that the local educational agency
has made every effort to match on a dollar-for-dollar basis
from private or public sources the funds received under this
subpart, except that no such application shall be penalized or
denied assistance under this subpart based on failure to
provide such matching funds;
(3) describe, if applicable, how funds under this subpart
will be coordinated with State, local, and other Federal
resources, especially with respect to programs for the
professional development and inservice training of elementary
school teachers in science and mathematics; and
(4) describe the process which will be used to determine
different levels of assistance to be awarded to schools with
different needs.
(c) Priority.--In awarding grants under this subpart, the State
educational agency shall give priority to applications that--
(1) assign highest priority to providing assistance to
schools which--
(A) are most seriously underequipped; or
(B) serve large numbers or percentages of
economically disadvantaged students;
(2) are attentive to the needs of underrepresented groups
in science and mathematics;
(3) demonstrate how science and mathematics equipment will
be part of a comprehensive plan of curriculum planning or
implementation and teacher training supporting hands-on
laboratory activities; and
(4) assign priority to providing equipment and materials
for students in grades 1 through 6.
SEC. 947. PARTICIPATION OF PRIVATE SCHOOLS.
(a) Participation of Private Schools.--To the extent consistent
with the number of children in the State or in the school district of
each local educational agency who are enrolled in private nonprofit
elementary schools, such State educational agency shall, after
consultation with appropriate private school representatives, make
provision for including services and arrangements for the benefit of
such children as will assure the equitable participation of such
children in the purposes and benefits of this subpart.
(b) Waiver.--If by reason of any provision of State law a local
educational agency is prohibited from providing for the participation
of children or teachers from private nonprofit schools as required by
subsection (a), or if the Secretary determines that a State or local
educational agency has substantially failed or is unwilling to provide
for such participation on an equitable basis, the Secretary shall waive
such requirements and shall arrange for the provision of services to
such children or teachers subject to the requirement of this section.
Such waivers shall be subject to consultation, withholding, notice, and
judicial review requirements described in section 1017 of the
Elementary and Secondary Education Act of 1965.
SEC. 948. PROGRAM REQUIREMENTS.
(a) Coordination.--Each State educational agency receiving an
allotment under this subpart shall--
(1) disseminate information to school districts and
schools, including private nonprofit elementary schools,
regarding the program assisted under this subpart;
(2) evaluate applications of local educational agencies;
(3) award grants to local educational agencies based on the
priorities described in section 946(c); and
(4) evaluate local educational agencies' end-of-year
summaries and submit such evaluation to the Secretary.
(b) Limitations on Use of Funds.--
(1) In general.--Except as provided in paragraph (2), grant
funds and matching funds under this subpart only shall be used
to purchase science equipment, science materials, or
mathematical manipulative materials and shall not be used for
computers, computer peripherals, software, textbooks, or staff
development costs.
(2) Capital improvements.--Grant funds under this subpart
may not be used for capital improvements. Not more than 50
percent of any matching funds provided by the local educational
agency may be used for capital improvements of classroom
science facilities to support the hands-on instruction that
this subpart is intended to support, such as the installation
of electrical outlets, plumbing, lab tables or counters, or
ventilation mechanisms.
SEC. 949. FEDERAL ADMINISTRATION.
(a) Technical Assistance and Evaluation Procedures.--The Secretary
shall provide technical assistance and, in consultation with State and
local representatives of the program assisted under this subpart, shall
develop procedures for State and local evaluations of the programs
assisted under this subpart.
(b) Report.--The Secretary shall report to the Congress each year
on the program assisted under this subpart.
SEC. 950. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 for fiscal year
1995, and such sums as may be necessary for each of the fiscal years
1996 through 1999, to carry out this subpart.
Subpart 4--Media Instruction
SEC. 951. MEDIA INSTRUCTION.
(a) Grants Authorized.--The Secretary shall enter into a contract
with an independent nonprofit organization described in subsection (b)
for the establishment of a national multimedia television-based project
directed to homes, schools and after-school programs that is designed
to motivate and improve the reading comprehension and writing coherence
of elementary school-age children.
(b) Demonstrated Effectiveness.--The Secretary shall award the
contract described in subsection (a) to an independent nonprofit
organization that has demonstrated effectiveness in educational
programming and development on a nationwide basis.
(c) Authorization and Appropriations.--There are authorized to be
appropriated $5,000,000 for fiscal year 1995, and such sums as may be
necessary for fiscal year 1996 and fiscal year 1997, to carry out this
section.
Subpart 5--Star Schools
SEC. 961. STAR SCHOOLS.
Subsection (a) of section 908 of the Star Schools Assistance Act
(20 U.S.C. 4085b(a)) is amended by striking ``greater'' and inserting
``lesser''.
Subpart 6--Office of Comprehensive School Health Education
SEC. 971. OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION.
(a) In General.--Subsection (c) of section 4605 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 3155(c)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Office of the Secretary'' and inserting ``Office of
Elementary and Secondary Education''; and
(2) by adding at the end the following new paragraph:
``(4) To act as a liaison office for the coordination of
the activities undertaken by the Office under this section with
related activities of the Department of Health and Human
Services and to expand school health education research grant
programs under this section.''.
(b) Transition.--The Secretary shall take all appropriate actions
to facilitate the transfer of the Office of Comprehensive School Health
Education pursuant to the amendment made by subsection (a).
Subpart 7--Minority-Focused Civics Education
SEC. 981. SHORT TITLE.
This subpart may be cited as the ``Minority-Focused Civics
Education Act of 1994''.
SEC. 982. PURPOSES.
It is the purpose of this subpart--
(1) to encourage improved instruction for minorities and
Native Americans in American government and civics through a
national program of accredited summer teacher training and
staff development seminars or institutes followed by academic
year inservice training programs conducted on college and
university campuses or other appropriate sites, for--
(A) social studies and other teachers responsible
for American history, government, and civics classes;
and
(B) other educators who work with minority and
Native American youth; and
(2) through such improved instruction to improve minority
and Native American student knowledge and understanding of the
American system of government.
SEC. 983. GRANTS AUTHORIZED; AUTHORIZATION OF APPROPRIATIONS.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to make grants
to eligible entities for the development and implementation of
seminars in American government and civics for elementary and
secondary school teachers and other educators who work with
minority and Native American students.
(2) Award rule.-- In awarding grants under this subpart,
the Secretary shall ensure that there is wide geographic
distribution of such grants.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for fiscal 1995, and such sums as may be
necessary for each of the fiscal years 1996, 1997, and 1998, to carry
out this subpart.
SEC. 984. DEFINITIONS.
For purposes of this subpart--
(1) the term ``eligible entity'' means a State educational
agency, an institution of higher education or a State higher
education agency, or a public or private nonprofit
organization, with experience in coordinating or conducting
teacher training seminars in American government and civics
education, or a consortium thereof; and
(2) the term ``State higher education agency'' means the
officer or agency primarily responsible for the State
supervision of higher education.
SEC. 985. APPLICATIONS.
(a) Application Required.--Each eligible entity desiring a grant
under this subpart shall submit an application to the Secretary, at
such time, in such manner and containing or accompanied by such
information as the Secretary may reasonably require.
(b) Contents of Application.--Each application submitted pursuant
to subsection (a) shall--
(1) define the learning objectives and course content of
each seminar to be held and describe the manner in which
seminar participants shall receive substantive academic
instruction in the principles, institutions and processes of
American government;
(2) provide assurances that educators successfully
participating in each seminar will qualify for either graduate
credit or professional development or advancement credit
according to the criteria established by a State or local
educational agency;
(3) describe the manner in which seminar participants shall
receive exposure to a broad array of individuals who are
actively involved in the political process, including political
party representatives drawn equally from the major political
parties, as well as representatives of other organizations
involved in the political process;
(4) provide assurances that the seminars will be conducted
on a nonpartisan basis;
(5) describe the manner in which the seminars will address
the role of minorities or Native Americans in the American
political process, including such topics as--
(A) the history and current political state of
minorities or Native Americans;
(B) recent research on minority or Native American
political socialization patterns and cognitive learning
styles; and
(C) studies of political participation patterns of
minorities or Native Americans;
(6) describe the pedagogical elements for teachers that
will enable teachers to develop effective strategies and lesson
plans for teaching minorities or Native American students at
the elementary and secondary school levels;
(7) identify the eligible entities which will conduct the
seminars for which assistance is sought;
(8) in the case that the eligible entity is an institution
of higher education, describe the plans for collaborating with
national organizations in American government and civics
education;
(9) provide assurances that during the academic year
educators participating in the summer seminars will provide
inservice training programs based upon what such educators have
learned and the curricular materials such educators have
developed or acquired for their peers in their school systems
with the approval and support of their school administrators;
and
(10) describe the activities or services for which
assistance is sought, including activities and services such
as--
(A) development of seminar curricula;
(B) development and distribution of instructional
materials;
(C) scholarships for participating teachers; and
(D) program assessment and evaluation.
(c) Priority.--The Secretary, in approving applications for
assistance under this subpart, shall give priority to applications
which demonstrate that--
(1) the applicant will serve teachers who teach in schools
with a large number or concentration of economically
disadvantaged students;
(2) the applicant has demonstrated national experience in
conducting or coordinating accredited summer seminars in
American government or civics education for elementary and
secondary school teachers;
(3) the applicant will coordinate or conduct seminars on a
national or multistate basis through a collaboration with an
institution of higher education, State higher education agency
or a public or private nonprofit organization, with experience
in coordinating or conducting teacher training programs in
American government and civics education;
(4) the applicant will coordinate or conduct seminars
designed for more than one minority student population and for
Native Americans; and
(5) the applicant will coordinate or conduct seminars that
offer a combination of academic instruction in American
government, exposure to the practical workings of the political
system, and training in appropriate pedagogical techniques for
working with minority and Native American students.
PART C--DEFINITIONS
SEC. 991. DEFINITIONS.
For the purpose of this title--
(1) the term ``elementary school'' has the same meaning
given to such term by section 1471(8) of the Elementary and
Secondary Education Act of 1965;
(2) the term ``institution of higher education'' has the
same meaning given to such term by section 1201(a) of the
Higher Education Act of 1965;
(3) the term ``local educational agency'' has the same
meaning given to such term by section 1471(12) of the
Elementary and Secondary Education Act of 1965;
(4) the term ``secondary school'' has the same meaning
given to such term by section 1471(21) of the Elementary and
Secondary Education Act of 1965;
(5) the term ``Secretary'' means the Secretary of
Education; and
(6) the term ``State educational agency'' has the same
meaning given such term by section 1471(23) of the Elementary
and Secondary Education Act of 1965.
TITLE X--PARENTS AS TEACHERS
SEC. 1001. FINDINGS.
The Congress finds that--
(1) increased parental involvement in the education of
their children appears to be the key to long-term gains for
youngsters;
(2) providing seed money is an appropriate role for the
Federal Government to play in education;
(3) children participating in the parents as teachers
program in Missouri are found to have increased cognitive or
intellectual skills, language ability, social skills and other
predictors of school success;
(4) most early childhood programs begin at age 3 or 4 when
remediation may already be necessary; and
(5) many children receive no health screening between birth
and the time they enter school, thus such children miss the
opportunity of having developmental delays detected early.
SEC. 1002. STATEMENT OF PURPOSE.
It is the purpose of this title to encourage States and eligible
entities to develop and expand parent and early childhood education
programs in an effort to--
(1) increase parents' knowledge of and confidence in child-
rearing activities, such as teaching and nurturing their young
children;
(2) strengthen partnerships between parents and schools;
and
(3) enhance the developmental progress of participating
children.
SEC. 1003. DEFINITIONS.
For the purposes of this title--
(1) the term ``developmental screening'' means the process
of measuring the progress of children to determine if there are
problems or potential problems or advanced abilities in the
areas of understanding and use of language, perception through
sight, perception through hearing, motor development and hand-
eye coordination, health, and physical development;
(2) the term ``eligible entity'' means an entity in a State
operating a parents as teachers program;
(3) the term ``eligible family'' means any parent with one
or more children between birth and 3 years of age;
(4) the term ``lead agency'' means--
(A) except as provided in subparagraph (B), the
office, agency, or other entity in a State designated
by the Governor to administer the parents as teachers
program authorized by this title; or
(B) in the case of a grant awarded under this title
to an eligible entity, such eligible entity;
(5) the term ``parent education'' includes parent support
activities, the provision of resource materials on child
development and parent-child learning activities, private and
group educational guidance, individual and group learning
experiences for the parent and child, and other activities that
enable the parent to improve learning in the home; and
(6) the term ``parent educator'' means a person hired by
the lead agency of a State or designated by local entities who
administers group meetings, home visits and developmental
screening for eligible families.
SEC. 1004. PROGRAM ESTABLISHED.
(a) Authority.--
(1) In general.--The Secretary is authorized to make grants
in order to pay the Federal share of the cost of establishing,
expanding, or operating parents as teachers programs in a
State.
(2) Eligible recipients.--The Secretary may make a grant
under paragraph (1) to a State, except that, in the case of a
State having an eligible entity, the Secretary shall make the
grant directly to the eligible entity.
(b) Funding Rule.--Grant funds awarded under this section shall be
used so as to supplement, and to the extent practicable, increase the
level of funds that would, in the absence of such funds, be made
available from non-Federal sources, and in no case may such funds be
used so as to supplant funds from non-Federal sources.
SEC. 1005. PROGRAM REQUIREMENTS.
(a) Requirements.--Each State or eligible entity receiving a grant
pursuant to section 1004 shall conduct a parents as teachers program
which--
(1) establishes and operates parent education programs,
including programs of developmental screening of children; and
(2) designates a lead State agency which--
(A) shall hire parent educators who have had
supervised experience in the care and education of
children;
(B) shall establish the number of group meetings
and home visits required to be provided each year for
each participating family, with a minimum of 2 group
meetings and 10 home visits for each participating
family;
(C) shall be responsible for administering the
periodic screening of participating children's
educational, hearing and visual development, using the
Denver Developmental Test, Zimmerman Preschool Language
Scale, or other approved screening instruments; and
(D) shall develop recruitment and retention
programs for hard-to-reach populations.
(b) Limitation.--Grant funds awarded under this title shall only be
used for parents as teachers programs which serve families during the
period beginning with the birth of a child and ending when the child
attains the age of 3.
SEC. 1006. SPECIAL RULES.
Notwithstanding any other provision of this section--
(1) no person, including home school parents, public school
parents, or private school parents, shall be required to
participate in any program of parent education or developmental
screening pursuant to the provisions of this title;
(2) no parents as teachers program assisted under this
title shall take any action that infringes in any manner on the
right of parents to direct the education of their children; and
(3) the provisions of section 438(c) of the General
Education Provisions Act shall apply to States and eligible
entities awarded grants under this title.
SEC. 1007. PARENTS AS TEACHERS CENTERS.
The Secretary shall establish one or more Parents As Teachers
Centers to disseminate information to, and provide technical and
training assistance to, States and eligible entities establishing and
operating parents as teachers programs.
SEC. 1008. EVALUATIONS.
The Secretary shall complete an evaluation of the parents as
teachers programs assisted under this title within 4 years from the
date of enactment of this Act, including an assessment of such
programs' impact on at-risk children.
SEC. 1009. APPLICATION.
Each State or eligible entity desiring a grant under this title
shall submit an application to the Secretary at such time, in such
manner and accompanied by such information as the Secretary may
reasonably require. Each such application shall describe the activities
and services for which assistance is sought.
SEC. 1010. PAYMENTS AND FEDERAL SHARE.
(a) Payments.--The Secretary shall pay to each State or eligible
entity having an application approved under section 1009 the Federal
share of the cost of the activities described in the application.
(b) Federal Share.--
(1) In general.--The Federal share--
(A) for the first year for which a State or
eligible entity receives assistance under this title
shall be 100 percent;
(B) for the second such year shall be 100 percent;
(C) for the third such year shall be 75 percent;
(D) for the fourth such year shall be 50 percent;
and
(E) for the fifth such year shall be 25 percent.
(2) Non-federal share.--The non-Federal share of payments
under this title may be in cash or in kind, fairly evaluated,
including planned equipment or services.
SEC. 1011. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for fiscal year
1993, and such sums as may be necessary for each of the fiscal years
1994 through 1997, to carry out this title.
SEC. 1012. HOME INSTRUCTION PROGRAM FOR PRESCHOOL YOUNGSTERS.
Subsection (b) of section 1052 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 2742(b)) is amended by adding at the
end the following new paragraph:
``(4)(A)(i) In any fiscal year in which this subsection
applies, each State that receives a grant under this part may
use not more than 20 percent of such grant funds in accordance
with this part (other than sections 1054(a), 1054(b), and 1055)
to pay the Federal share of the cost of establishing,
operating, or expanding a Home Instruction Program for
Preschool Youngsters that is not eligible to receive assistance
under this part due to the application of such sections.
``(ii) Each State establishing, operating or expanding a
Home Instruction Program for Preschool Youngsters pursuant to
clause (i) shall give priority to establishing, operating or
expanding, respectively, such a program that targets--
``(I) working poor families or near poor families
that do not qualify for assistance under the early
childhood programs under the Head Start Act or this
chapter; and
``(II) parents who have limited or unsuccessful
formal schooling.
``(B) For the purpose of carrying out subparagraph (A), a
Home Instruction Program for Preschool Youngsters that is not
eligible to receive assistance under this part due to the
application of sections 1054(a), 1054(b), and 1055 shall be
deemed to be an eligible entity.
``(C) For the purpose of this paragraph--
``(i) the term `Home Instruction Program for
Preschool Youngsters' means a voluntary early-learning
program, for parents with one or more children between
age 3 through 5, inclusive, that--
``(I) provides support, training, and
appropriate educational materials, necessary
for parents to implement a school-readiness,
home instruction program for the child; and
``(II) includes--
``(aa) group meetings with other
parents participating in the program;
``(bb) individual and group
learning experiences with the parent
and child;
``(cc) provision of resource
materials on child development and
parent-child learning activities; and
``(dd) other activities that enable
the parent to improve learning in the
home;
``(ii) the term `limited or unsuccessful formal
schooling' means the--
``(I) completion of secondary school with
low achievement during enrollment;
``(II) noncompletion of secondary school
with low achievement during enrollment; or
``(III) lack of a certificate of graduation
from a school providing secondary education or
the recognized equivalent of such certificate;
``(iii) the term `near poor families' means
families that have an income that is approximately 130
percent of the poverty line (as defined by the Office
of Management and Budget, and revised annually in
accordance with section 673(2) of the Community
Services Block Grant Act; and
``(iv) the term `working poor families' means
families that--
``(I) have family members--
``(aa) who are working; or
``(bb) who were looking for work
during the 6 months prior to the date
on which the determination is made; and
``(II) earn an income not in excess of 150
percent of the poverty line as described in
clause (iii).''.
TITLE XI--GUN-FREE SCHOOLS
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Gun-Free Schools Act of 1994''.
SEC. 1102. GUN-FREE REQUIREMENTS IN ELEMENTARY AND SECONDARY SCHOOLS.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701
et seq.) is amended--
(1) by redesignating title X as title IX;
(2) by redesignating sections 8001 through 8005 as sections
9001 through 9005, respectively; and
(3) by inserting after title VII the following new title:
``TITLE VIII--GUN-FREE SCHOOLS
``SEC. 8001. GUN-FREE REQUIREMENTS.
``(a) Requirements.--
``(1) In general.--No assistance may be provided to any
local educational agency under this Act unless such agency has
in effect a policy requiring the expulsion from school for a
period of not less than one year of any student who is
determined to have brought a weapon to a school under the
jurisdiction of the agency except such policy may allow the
chief administering officer of the agency to modify such
expulsion requirement for a student on a case-by-case basis.
``(2) Definition.--For the purpose of this section, the
term ``weapon'' means a firearm as such term is defined in
section 921 of title 18, United States Code.
``(b) Report to State.--Each local educational agency requesting
assistance from the State educational agency that is to be provided
from funds made available to the State under this Act shall provide to
the State, in the application requesting such assistance--
``(1) an assurance that such local educational agency has
in effect the policy required by subsection (a); and
``(2) a description of the circumstances surrounding any
expulsions imposed under the policy required by subsection (a),
including--
``(A) the name of the school concerned;
``(B) the number of students expelled from such
school; and
``(C) the types of weapons concerned.''.
TITLE XII--ENVIRONMENTAL TOBACCO SMOKE
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Preventing Our Kids From Inhaling
Deadly Smoke (PRO-KIDS) Act of 1994''.
SEC. 1202. FINDINGS.
Congress finds that--
(1) environmental tobacco smoke comes from secondhand smoke
exhaled by smokers and sidestream smoke emitted from the
burning of cigarettes, cigars, and pipes;
(2) since citizens of the United States spend up to 90
percent of each day indoors, there is a significant potential
for exposure to environmental tobacco smoke from indoor air;
(3) exposure to environmental tobacco smoke occurs in
schools, public buildings, and other indoor facilities;
(4) recent scientific studies have concluded that exposure
to environmental tobacco smoke is a cause of lung cancer in
healthy nonsmokers and is responsible for acute and chronic
respiratory problems and other health impacts in sensitive
populations (including children);
(5) the health risks posed by environmental tobacco smoke
exceed the risks posed by many environmental pollutants
regulated by the Environmental Protection Agency; and
(6) according to information released by the Environmental
Protection Agency, environmental tobacco smoke results in a
loss to the economy of over $3,000,000,000 per year.
SEC. 1203. DEFINITIONS.
As used in this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Children.--The term ``children'' means individuals who
have not attained the age of 18.
(3) Children's services.--The term ``children's services''
means services that are--
(A)(i) direct health services routinely provided to
children; or
(ii) any other direct services routinely provided
primarily to children, including educational services;
and
(B) funded, directly or indirectly, in whole or in
part, by Federal funds (including in-kind assistance).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 1204. NONSMOKING POLICY FOR CHILDREN'S SERVICES.
(a) Issuance of Guidelines.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall issue guidelines for
instituting and enforcing a nonsmoking policy at each indoor facility
where children's services are provided.
(b) Contents of Guidelines.--A nonsmoking policy that meets the
requirements of the guidelines shall, at a minimum, prohibit smoking in
each portion of an indoor facility where children's services are
provided that is not ventilated separately (as defined by the
Administrator) from other portions of the facility.
SEC. 1205. TECHNICAL ASSISTANCE.
(a) In General.--The Administrator and the Secretary shall provide
technical assistance to persons who provide children's services and
other persons who request technical assistance.
(b) Assistance by the Administrator.--The technical assistance
provided by the Administrator under this section shall include
information to assist persons in compliance with the requirements of
this title.
(c) Assistance by the Secretary.--The technical assistance provided
by the Secretary under this section shall include information for
employees on smoking cessation programs and on smoking and health
issues.
SEC. 1206. FEDERALLY FUNDED PROGRAMS.
(a) In General.--Notwithstanding any other provision of law, each
person who provides children's services shall establish and make a
good-faith effort to enforce a nonsmoking policy that meets or exceeds
the requirements of subsection (b).
(b) Nonsmoking Policy.--
(1) General requirements.--A nonsmoking policy meets the
requirements of this subsection if the policy--
(A) is consistent with the guidelines issued under
section 1204(a);
(B) prohibits smoking in each portion of an indoor
facility used in connection with the provision of
services directly to children; and
(C) where appropriate, requires that signs stating
that smoking is not permitted be posted in each indoor
facility to communicate the policy.
(2) Permissible features.--A nonsmoking policy that meets
the requirements of this subsection may allow smoking in those
portions of the facility--
(A) in which services are not normally provided
directly to children; and
(B) that are ventilated separately from those
portions of the facility in which services are normally
provided directly to children.
(c) Waiver.--
(1) In general.--A person described in subsection (a) may
publicly petition the head of the Federal agency from which the
person receives Federal funds (including financial assistance)
for a waiver from any or all of the requirements of subsection
(b).
(2) Conditions for granting a waiver.--Except as provided
in paragraph (3), the head of the Federal agency may grant a
waiver only--
(A) after consulting with the Administrator, and
receiving the concurrence of the Administrator;
(B) after giving an opportunity for public hearing
(at the main office of the Federal agency or at any
regional office of the agency) and comment; and
(C) if the person requesting the waiver provides
assurances that are satisfactory to the head of the
Federal agency (with the concurrence of the
Administrator) that--
(i) unusual extenuating circumstances
prevent the person from establishing or
enforcing the nonsmoking policy (or a
requirement under the policy) referred to in
subsection (b) (including a case in which the
person shares space in an indoor facility with
another entity and cannot obtain an agreement
with the other entity to abide by the
nonsmoking policy requirement) and the person
will establish and make a good-faith effort to
enforce an alternative nonsmoking policy (or
alternative requirement under the policy) that
will protect children from exposure to
environmental tobacco smoke to the maximum
extent possible; or
(ii) the person requesting the waiver will
establish and make a good-faith effort to
enforce an alternative nonsmoking policy (or
alternative requirement under the policy) that
will protect children from exposure to
environmental tobacco smoke to the same degree
as the policy (or requirement) under subsection
(b).
(3) Special waiver.--
(A) In general.--On receipt of an application, the
head of the Federal agency may grant a special waiver
to a person described in subsection (a) who employs
individuals who are members of a labor organization and
provide children's services pursuant to a collective
bargaining agreement that--
(i) took effect before the date of
enactment of this Act; and
(ii) includes provisions relating to
smoking privileges that are in violation of the
requirements of this section.
(B) Termination of waiver.--A special waiver
granted under this paragraph shall terminate on the
earlier of--
(i) the first expiration date (after the
date of enactment of this Act) of the
collective bargaining agreement containing the
provisions relating to smoking privileges; or
(ii) the date that is 1 year after the date
specified in subsection (f).
(d) Civil Penalties.--
(1) In general.--Any person subject to the requirements of
this section who fails to comply with the requirements shall be
liable to the United States for a civil penalty in an amount
not to exceed $1,000 for each violation, but in no case shall
the amount be in excess of the amount of Federal funds received
by the person for the fiscal year in which the violation
occurred for the provision of children's services. Each day a
violation continues shall constitute a separate violation.
(2) Assessment.--A civil penalty for a violation of this
section shall be assessed by the head of the Federal agency
that provided Federal funds (including financial assistance) to
the person (or if the head of the Federal agency does not have
the authority to issue an order, the appropriate official) by
an order made on the record after opportunity for a hearing in
accordance with section 554 of title 5, United States Code.
Before issuing the order, the head of the Federal agency (or
the appropriate official) shall--
(A) give written notice to the person to be
assessed a civil penalty under the order of the
proposal to issue the order; and
(B) provide the person an opportunity to request,
not later than 15 days after the date of receipt of the
notice, a hearing on the order.
(3) Amount of civil penalty.--In determining the amount of
a civil penalty under this subsection, the head of the Federal
agency (or the appropriate official) shall take into account--
(A) the nature, circumstances, extent, and gravity
of the violation;
(B) with respect to the violator, the ability to
pay, the effect of the penalty on the ability to
continue operation, any prior history of the same kind
of violation, the degree of culpability, and a
demonstration of willingness to comply with the
requirements of this title; and
(C) such other matters as justice may require.
(4) Modification.--The head of the Federal agency (or the
appropriate official) may compromise, modify, or remit, with or
without conditions, any civil penalty that may be imposed under
this subsection. The amount of the penalty as finally
determined or agreed upon in compromise may be deducted from
any sums that the United States owes to the person against whom
the penalty is assessed.
(5) Petition for review.--A person who has requested a
hearing concerning the assessment of a penalty pursuant to
paragraph (2) and is aggrieved by an order assessing a civil
penalty may file a petition for judicial review of the order
with the United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which the person
resides or transacts business. The petition may only be filed
during the 30-day period beginning on the date of issuance of
the order making the assessment.
(6) Failure to pay.--If a person fails to pay an assessment
of a civil penalty--
(A) after the order making the assessment has
become a final order and without filing a petition for
judicial review in accordance with paragraph (5); or
(B) after a court has entered a final judgment in
favor of the head of the Federal agency (or appropriate
official),
the Attorney General shall recover the amount assessed (plus
interest at then currently prevailing rates from the last day
of the 30-day period referred to in paragraph (5) or the date
of the final judgment, as the case may be) in an action brought
in an appropriate district court of the United States. In the
action, the validity, amount, and appropriateness of the
penalty shall not be subject to review.
(e) Exemption.--This section shall not apply to a person who
provides children's services who--
(1) has attained the age of 18;
(2) provides children's services--
(A) in a private residence; and
(B) only to children who are, by affinity or
consanguinity, or by court decree, a grandchild, niece,
or nephew of the provider; and
(3) is registered and complies with any State requirements
that govern the children's services provided.
(f) Effective Date.--This section shall take effect on the first
day of the first fiscal year beginning after the date of enactment of
this Act.
SEC. 1207. REPORT BY THE ADMINISTRATOR.
Not later than 2 years after the date of enactment of this Act, the
Administrator shall submit a report to Congress that includes--
(1) information concerning the degree of compliance with
this title; and
(2) an assessment of the legal status of smoking in public
places.
SEC. 1208. PREEMPTION.
Nothing in this title is intended to preempt any provision of law
of a State or political subdivision of a State that is more restrictive
than a provision of this title.
Attest:
Secretary.
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