[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6 Enrolled Bill (ENR)]
H.R.6
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To extend for five years the authorizations of appropriations for the
programs under the Elementary and Secondary Education Act of 1965, and
for certain other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving America's Schools Act of
1994''.
SEC. 2. ORGANIZATION OF THE ACT.
This Act is organized into the following titles:
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
TITLE III--AMENDMENTS TO OTHER ACTS
TITLE IV--NATIONAL EDUCATION STATISTICS
TITLE V--MISCELLANEOUS
SEC. 3. EFFECTIVE DATES; TRANSITION.
(a) Effective Dates.--
(1) Title i.--
(A) Title I and the amendment made by title I of this Act
shall take effect July 1, 1995, except that those provisions of
title I that apply to programs under title VIII (Impact Aid) of
the Elementary and Secondary Education Act of 1965, as amended
by this Act, and to programs under such Act that are conducted
on a competitive basis, shall be effective with respect to
appropriations for use under such programs for fiscal year 1995
and for subsequent fiscal years.
(B) Title VIII of the Elementary and Secondary Education
Act of 1965, as amended by title I of this Act, shall take
effect on the date of the enactment of this Act.
(2) Title ii.--Title II of this Act and the amendments made by
title II of this Act shall take effect on the date of enactment of
this Act, except that section 236 (equity for students, teachers,
and other program beneficiaries) of such title shall be effective--
(A) July 1, 1995 for noncompetitive programs in which funds
are allocated on the basis of a formula; and
(B) for programs that are conducted on a competitive basis,
with respect to appropriations for use under such programs in
fiscal year 1995 and in subsequent fiscal years.
(3) Title iii.--(A) Parts A and B of title III of this Act and
the amendments made by such parts shall take effect on July 1,
1995.
(B) Part C of title III of this Act and the amendments made by
such part shall take effect on October 1, 1994.
(b) Transition.--Notwithstanding any other provision of law, a
recipient of funds under the Elementary and Secondary Education Act of
1965, as such Act was in effect on the day preceding the date of
enactment of this Act, may use funds available to such recipient under
such predecessor authority to carry out necessary and reasonable
planning and transition activities in order to ensure a smooth
implementation of programs authorized by this Act.
TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF
1965
SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT
OF 1965.
The Elementary and Secondary Education Act of 1965 (20 U.S.C. 2701
et seq.) is amended to read as follows:
``SECTION 1. TABLE OF CONTENTS.
``This Act may be cited as the `Elementary and Secondary Education
Act of 1965'.
``TITLE I--HELPING DISADVANTAGED CHILDREN MEET HIGH STANDARDS
``SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
``(a) Statement of Policy.--
``(1) In general.--The Congress declares it to be the policy of
the United States that a high-quality education for all individuals
and a fair and equal opportunity to obtain that education are a
societal good, are a moral imperative, and improve the life of
every individual, because the quality of our individual lives
ultimately depends on the quality of the lives of others.
``(2) Additional policy.--The Congress further declares it to
be the policy of the United States to expand the program authorized
by this title over the fiscal years 1996 through 1999 by increasing
funding for this title by at least $750,000,000 over baseline each
fiscal year and thereby increasing the percentage of eligible
children served in each fiscal year with the intent of serving all
eligible children by fiscal year 2004.
``(b) Recognition of Need.--The Congress recognizes that--
``(1) although the achievement gap between disadvantaged
children and other children has been reduced by half over the past
two decades, a sizable gap remains, and many segments of our
society lack the opportunity to become well educated;
``(2) the most urgent need for educational improvement is in
schools with high concentrations of children from low-income
families and achieving the National Education Goals will not be
possible without substantial improvement in such schools;
``(3) educational needs are particularly great for low-
achieving children in our Nation's highest-poverty schools,
children with limited English proficiency, children of migrant
workers, children with disabilities, Indian children, children who
are neglected or delinquent, and young children and their parents
who are in need of family-literacy services;
``(4) while title I and other programs funded under this Act
contribute to narrowing the achievement gap between children in
high-poverty and low-poverty schools, such programs need to become
even more effective in improving schools in order to enable all
children to achieve high standards; and
``(5) in order for all students to master challenging standards
in core academic subjects as described in the third National
Education Goal described in section 102(3) of the Goals 2000:
Educate America Act, students and schools will need to maximize the
time spent on teaching and learning the core academic subjects.
``(c) What Has Been Learned Since 1988.--To enable schools to
provide all children a high-quality education, this title builds upon
the following learned information:
``(1) All children can master challenging content and complex
problem-solving skills. Research clearly shows that children,
including low-achieving children, can succeed when expectations are
high and all children are given the opportunity to learn
challenging material.
``(2) Conditions outside the classroom such as hunger, unsafe
living conditions, homelessness, unemployment, violence, inadequate
health care, child abuse, and drug and alcohol abuse can adversely
affect children's academic achievement and must be addressed
through the coordination of services, such as health and social
services, in order for the Nation to meet the National Education
Goals.
``(3) Use of low-level tests that are not aligned with schools'
curricula fails to provide adequate information about what children
know and can do and encourages curricula and instruction that focus
on the low-level skills measured by such tests.
``(4) Resources are more effective when resources are used to
ensure that children have full access to effective high-quality
regular school programs and receive supplemental help through
extended-time activities.
``(5) Intensive and sustained professional development for
teachers and other school staff, focused on teaching and learning
and on helping children attain high standards, is too often not
provided.
``(6) Insufficient attention and resources are directed toward
the effective use of technology in schools and the role technology
can play in professional development and improved teaching and
learning.
``(7) All parents can contribute to their children's success by
helping at home and becoming partners with teachers so that
children can achieve high standards.
``(8) Decentralized decisionmaking is a key ingredient of
systemic reform. Schools need the resources, flexibility, and
authority to design and implement effective strategies for bringing
their children to high levels of performance.
``(9) Opportunities for students to achieve high standards can
be enhanced through a variety of approaches such as public school
choice and public charter schools.
``(10) Attention to academics alone cannot ensure that all
children will reach high standards. The health and other needs of
children that affect learning are frequently unmet, particularly in
high-poverty schools, thereby necessitating coordination of
services to better meet children's needs.
``(11) Resources provided under this title can be better
targeted on the highest-poverty local educational agencies and
schools that have children most in need.
``(12) Equitable and sufficient resources, particularly as such
resources relate to the quality of the teaching force, have an
integral relationship to high student achievement.
``(d) Statement of Purpose.--The purpose of this title is to enable
schools to provide opportunities for children served to acquire the
knowledge and skills contained in the challenging State content
standards and to meet the challenging State performance standards
developed for all children. This purpose shall be accomplished by--
``(1) ensuring high standards for all children and aligning the
efforts of States, local educational agencies, and schools to help
children served under this title to reach such standards;
``(2) providing children an enriched and accelerated
educational program, including, when appropriate, the use of the
arts, through schoolwide programs or through additional services
that increase the amount and quality of instructional time so that
children served under this title receive at least the classroom
instruction that other children receive;
``(3) promoting schoolwide reform and ensuring access of
children (from the earliest grades) to effective instructional
strategies and challenging academic content that includes intensive
complex thinking and problem-solving experiences;
``(4) significantly upgrading the quality of instruction by
providing staff in participating schools with substantial
opportunities for professional development;
``(5) coordinating services under all parts of this title with
each other, with other educational services, and, to the extent
feasible, with health and social service programs funded from other
sources;
``(6) affording parents meaningful opportunities to participate
in the education of their children at home and at school;
``(7) distributing resources, in amounts sufficient to make a
difference, to areas and schools where needs are greatest;
``(8) improving accountability, as well as teaching and
learning, by using State assessment systems designed to measure how
well children served under this title are achieving challenging
State student performance standards expected of all children; and
``(9) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for greater
responsibility for student performance.
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``(a) Local Educational Agency Grants.--For the purpose of
carrying out part A, other than section 1120(e), there are authorized
to be appropriated $7,400,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the four succeeding fiscal years.
``(b) Even Start.--For the purpose of carrying out part B, there
are authorized to be appropriated $118,000,000 for fiscal year 1995 and
such sums as may be necessary for each of the four succeeding fiscal
years.
``(c) Education of Migratory Children.--For the purpose of
carrying out part C, there are authorized to be appropriated
$310,000,000 for fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years.
``(d) Prevention and Intervention Programs for Youth Who Are
Neglected, Delinquent, or at Risk of Dropping Out.--For the purpose of
carrying out part D, there are authorized to be appropriated
$40,000,000 for fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years.
``(e) Capital Expenses.--For the purpose of carrying out section
1120(e), there are authorized to be appropriated $41,434,000 for fiscal
year 1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
``(f) Additional Assistance for School Improvement.--For the
purpose of providing additional needed assistance to carry out sections
1116 and 1117, there are authorized to be appropriated such sums as may
be necessary for fiscal year 1996 and each of the three succeeding
fiscal years.
``(g) Federal Activities.--
``(1) Section 1501.--For the purpose of carrying out section
1501, there are authorized to be appropriated $9,000,000 for fiscal
year 1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
``(2) Sections 1502 and 1503.--For the purpose of carrying out
sections 1502 and 1503, there are authorized to be appropriated
$50,000,000 for fiscal year 1995 and such sums as may be necessary
for each of the four succeeding fiscal years.
``SEC. 1003. RESERVATION AND ALLOCATION FOR SCHOOL IMPROVEMENT.
``(a) Payment for School Improvement.--
``(1) In general.--Except as provided in paragraph (3), each
State may reserve for the proper and efficient performance of its
duties under subsections (c)(5) and (d) of section 1116, and
section 1117, one-half of 1 percent of the funds allocated to the
State under subsections (a), (c), and (d), of section 1002 for
fiscal year 1995 and each succeeding fiscal year.
``(2) Minimum.--The total amount that may be reserved by each
State, other than the outlying areas, under this subsection for any
fiscal year, when added to amounts appropriated for such fiscal
year under section 1002(f) that are allocated to the State under
subsection (b), if any, may not be less than $200,000. The total
amount that may be reserved by each outlying area under this
subsection for any fiscal year, when added to amounts appropriated
for such fiscal year under section 1002(f) that are allocated under
subsection (b) to the outlying area, if any, may not be less than
$25,000.
``(3) Special rule.--If the amount reserved under paragraph (1)
when added to the amount made available under section 1002(f) for a
State is less than $200,000 for any fiscal year, then such State
may reserve such additional funds under subsections (a), (c), and
(d) of section 1002 as are necessary to make $200,000 available to
such State.
``(b) Additional State Allocations for School Improvement.--From
the amount appropriated under section 1002(f) for any fiscal year, each
State shall be eligible to receive an amount that bears the same ratio
to the amount appropriated as the amount allocated to the State under
this part (other than section 1120(e)) bears to the total amount
allocated to all States under this part (other than section 1120(e)).
``PART A--IMPROVING BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL
AGENCIES
``Subpart 1--Basic Program Requirements
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--
``(1) In general.--Any State desiring to receive a grant under
this part shall submit to the Secretary a plan, developed in
consultation with local educational agencies, teachers, pupil
services personnel, administrators, other staff, and parents, that
satisfies the requirements of this section and that is coordinated
with other programs under this Act, the Goals 2000: Educate America
Act, and other Acts, as appropriate, consistent with section 14306.
``(2) Consolidation plan.--A State plan submitted under
paragraph (1) may be submitted as part of a consolidation plan
under section 14302.
``(b) Standards and Assessments.--
``(1) Challenging standards.--(A) Each State plan shall
demonstrate that the State has developed or adopted challenging
content standards and challenging student performance standards
that will be used by the State, its local educational agencies, and
its schools to carry out this part, except that a State shall not
be required to submit such standards to the Secretary.
``(B) If a State has State content standards or State student
performance standards developed under title III of the Goals 2000:
Educate America Act and an aligned set of assessments for all
students developed under such title, or, if not developed under
such title, adopted under another process, the State shall use such
standards and assessments, modified, if necessary, to conform with
the requirements of subparagraphs (A) and (D) of this paragraph,
and paragraphs (2) and (3).
``(C) If a State has not adopted State content standards and
State student performance standards for all students, the State
plan shall include a strategy and schedule for developing State
content standards and State student performance standards for
elementary and secondary school children served under this part in
subjects as determined by the State, but including at least
mathematics and reading or language arts by the end of the one-year
period described in paragraph (6), which standards shall include
the same knowledge, skills, and levels of performance expected of
all children.
``(D) Standards under this paragraph shall include--
``(i) challenging content standards in academic subjects
that--
``(I) specify what children are expected to know and be
able to do;
``(II) contain coherent and rigorous content; and
``(III) encourage the teaching of advanced skills;
``(ii) challenging student performance standards that--
``(I) are aligned with the State's content standards;
``(II) describe two levels of high performance,
proficient and advanced, that determine how well children
are mastering the material in the State content standards;
and
``(III) describe a third level of performance,
partially proficient, to provide complete information about
the progress of the lower performing children toward
achieving to the proficient and advanced levels of
performance.
``(E) For the subjects in which students will be served under
this part, but for which a State is not required by subparagraphs
(A), (B), and (C) to develop, and has not otherwise developed such
standards, the State plan shall describe a strategy for ensuring
that such students are taught the same knowledge and skills and
held to the same expectations as are all children.
``(2) Yearly progress.--
``(A) Each State plan shall demonstrate, based on
assessments described under paragraph (3), what constitutes
adequate yearly progress of--
``(i) any school served under this part toward enabling
children to meet the State's student performance standards;
and
``(ii) any local educational agency that received funds
under this part toward enabling children in schools
receiving assistance under this part to meet the State's
student performance standards.
``(B) Adequate yearly progress shall be defined in a
manner--
``(i) that is consistent with guidelines established by
the Secretary that result in continuous and substantial
yearly improvement of each local educational agency and
school sufficient to achieve the goal of all children
served under this part meeting the State's proficient and
advanced levels of performance, particularly economically
disadvantaged and limited English proficient children; and
``(ii) that links progress primarily to performance on
the assessments carried out under this section while
permitting progress to be established in part through the
use of other measures.
``(3) Assessments.--Each State plan shall demonstrate that the
State has developed or adopted a set of high-quality, yearly
student assessments, including assessments in at least mathematics
and reading or language arts, that will be used as the primary
means of determining the yearly performance of each local
educational agency and school served under this part in enabling
all children served under this part to meet the State's student
performance standards. Such assessments shall--
``(A) be the same assessments used to measure the
performance of all children, if the State measures the
performance of all children;
``(B) be aligned with the State's challenging content and
student performance standards and provide coherent information
about student attainment of such standards;
``(C) be used for purposes for which such assessments are
valid and reliable, and be consistent with relevant, nationally
recognized professional and technical standards for such
assessments;
``(D) measure the proficiency of students in the academic
subjects in which a State has adopted challenging content and
student performance standards and be administered at some time
during--
``(i) grades 3 through 5;
``(ii) grades 6 through 9; and
``(iii) grades 10 through 12;
``(E) involve multiple up-to-date measures of student
performance, including measures that assess higher order
thinking skills and understanding;
``(F) provide for--
``(i) the participation in such assessments of all
students;
``(ii) the reasonable adaptations and accommodations
for students with diverse learning needs, necessary to
measure the achievement of such students relative to State
content standards; and
``(iii) the inclusion of limited English proficient
students who shall be assessed, to the extent practicable,
in the language and form most likely to yield accurate and
reliable information on what such students know and can do,
to determine such students' mastery of skills in subjects
other than English;
``(G) include students who have attended schools in a local
educational agency for a full academic year but have not
attended a single school for a full academic year, however the
performance of students who have attended more than one school
in the local educational agency in any academic year shall be
used only in determining the progress of the local educational
agency;
``(H) provide individual student interpretive and
descriptive reports, which shall include scores, or other
information on the attainment of student performance standards;
and
``(I) enable results to be disaggregated within each State,
local educational agency, and school by gender, by each major
racial and ethnic group, by English proficiency status, by
migrant status, by students with disabilities as compared to
nondisabled students, and by economically disadvantaged
students as compared to students who are not economically
disadvantaged.
``(4) Special rule.--Assessment measures that do not meet the
requirements of paragraph (3)(C) may be included as one of the
multiple measures, if a State includes in the State plan
information regarding the State's efforts to validate such
measures.
``(5) Language assessments.--Each State plan shall identify the
languages other than English that are present in the participating
student population and indicate the languages for which yearly
student assessments are not available and are needed. The State
shall make every effort to develop such assessments and may request
assistance from the Secretary if linguistically accessible
assessment measures are needed. Upon request, the Secretary shall
assist with the identification of appropriate assessment measures
in the needed languages through the Office of Bilingual Education
and Minority Languages Affairs.
``(6) Standard and assessment development.--(A) A State that
does not have challenging State content standards and challenging
State student performance standards, in at least mathematics and
reading or language arts, shall develop such standards within one
year of receiving funds under this part after the first fiscal year
for which such State receives such funds after the date of
enactment of the Improving America's Schools Act of 1994.
``(B) A State that does not have assessments that meet the
requirements of paragraph (3) in at least mathematics and reading
or language arts shall develop and test such assessments within
four years (one year of which shall be used for field testing such
assessment), of receiving funds under this part after the first
fiscal year for which such State receives such funds after the date
of enactment of the Improving America's Schools Act of 1994 and
shall develop benchmarks of progress toward the development of such
assessments that meet the requirements of paragraph (3), including
periodic updates.
``(C) The Secretary may extend for one additional year the time
for testing new assessments under subparagraph (B) upon the request
of the State and the submission of a strategy to correct problems
identified in the field testing of such new assessments.
``(D) If, after the one-year period described in subparagraph
(A), a State does not have challenging State content and
challenging student performance standards in at least mathematics
and reading or language arts, a State shall adopt a set of
standards in these subjects such as the standards and assessments
contained in other State plans the Secretary has approved.
``(E) If, after the four-year period described in subparagraph
(B), a State does not have assessments, in at least mathematics and
reading or language arts, that meet the requirement of paragraph
(3), and is denied an extension under subparagraph (C), a State
shall adopt an assessment that meets the requirement of paragraph
(3) such as one contained in other State plans the Secretary has
approved.
``(7) Transitional assessments.--(A) If a State does not have
assessments that meet the requirements of paragraph (3) and
proposes to develop such assessments under paragraph (6)(B), the
State may propose to use a transitional set of yearly statewide
assessments that will assess the performance of complex skills and
challenging subject matter.
``(B) For any year in which a State uses transitional
assessments, the State shall devise a procedure for identifying
local educational agencies under paragraphs (3) and (7) of section
1116(d), and schools under paragraphs (1) and (7) of section
1116(c), that rely on accurate information about the academic
progress of each such local educational agency and school.
``(8) Requirement.--Each State plan shall describe--
``(A) how the State educational agency will help each local
educational agency and school affected by the State plan
develop the capacity to comply with each of the requirements of
sections 1112(c)(1)(D), 1114(b), and 1115(c) that is applicable
to such agency or school; and
``(B) such other factors the State deems appropriate (which
may include opportunity-to-learn standards or strategies
developed under the Goals 2000: Educate America Act) to provide
students an opportunity to achieve the knowledge and skills
described in the challenging content standards adopted by the
State.
``(c) Other Provisions To Support Teaching and Learning.--Each
State plan shall contain assurances that--
``(1)(A) the State educational agency will implement a system
of school support teams under section 1117(c), including provision
of necessary professional development for those teams;
``(B) the State educational agency will work with other
agencies, including educational service agencies or other local
consortia, and institutions to provide technical assistance to
local educational agencies and schools to carry out the State
educational agency's responsibilities under this part, including
technical assistance in providing professional development under
section 1119 and technical assistance under section 1117; and
``(C)(i) where educational service agencies exist, the State
educational agency will consider providing professional development
and technical assistance through such agencies; and
``(ii) where educational service agencies do not exist, the
State educational agency will consider providing professional
development and technical assistance through other cooperative
agreements such as through a consortium of local educational
agencies;
``(2) the State educational agency will notify local
educational agencies and the public of the standards and
assessments developed under this section, and of the authority to
operate schoolwide programs, and will fulfill the State educational
agency's responsibilities regarding local educational agency
improvement and school improvement under section 1116, including
such corrective actions as are necessary;
``(3) the State educational agency will provide the least
restrictive and burdensome regulations for local educational
agencies and individual schools participating in a program assisted
under this part;
``(4) the State educational agency will encourage the use of
funds from other Federal, State, and local sources for schoolwide
reform in schoolwide programs under section 1114;
``(5) the Committee of Practitioners established under section
1603(b) will be substantially involved in the development of the
plan and will continue to be involved in monitoring the plan's
implementation by the State; and
``(6) the State will coordinate activities funded under this
part with school-to-work, vocational education, cooperative
education and mentoring programs, and apprenticeship programs
involving business, labor, and industry, as appropriate.
``(d) Peer Review and Secretarial Approval.--
``(1) In general.--The Secretary shall--
``(A) establish a peer review process to assist in the
review and recommendations for revision of State plans;
``(B) appoint individuals to the peer review process who
are representative of State educational agencies, local
educational agencies, teachers, and parents;
``(C) following an initial peer review, approve a State
plan the Secretary determines meets the requirements of
subsections (a), (b), and (c);
``(D) if the Secretary determines that the State plan does
not meet the requirements of subsection (a), (b), or (c),
immediately notify the State of such determination and the
reasons for such determination;
``(E) not decline to approve a State's plan before--
``(i) offering the State an opportunity to revise its
plan;
``(ii) providing technical assistance in order to
assist the State to meet the requirements under subsections
(a), (b), and (c); and
``(iii) providing a hearing; and
``(F) have the authority to disapprove a State plan for not
meeting the requirements of this part, but shall not have the
authority to require a State, as a condition of approval of the
State plan, to include in, or delete from, such plan one or
more specific elements of the State's content standards or to
use specific assessment instruments or items.
``(2) Withholding.--The Secretary may withhold funds for State
administration and activities under section 1117 until the
Secretary determines that the State plan meets the requirements of
this section.
``(e) Duration of the Plan.--
``(1) In general.--Each State plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(2) Additional information.--If the State makes significant
changes in its plan, such as the adoption of new State content
standards and State student performance standards, new assessments,
or a new definition of adequate progress, the State shall submit
such information to the Secretary.
``(f) Limitation on Conditions.--Nothing in this part 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 specific instructional content or student performance
standards and assessments, opportunity-to-learn standards or
strategies, curriculum, or program of instruction, as a condition of
eligibility to receive funds under this part.
``(g) Prohibition.--Nothing in this Act shall be construed to
require any State educational agency, local educational agency, or
school, to implement opportunity-to-learn standards or strategies
developed by such State under the Goals 2000: Educate America Act.
``(h) Special Rule.--If the aggregate State expenditure by a State
educational agency for the operation of elementary and secondary
education programs in the State is less than such agency's aggregate
Federal expenditure for the State operation of all Federal elementary
and secondary education programs, then the State plan shall include
assurances and specific provisions that such State will provide State
expenditures for the operation of elementary and secondary education
programs equal to or exceeding the level of Federal expenditures for
such operation by October 1, 1998.
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--
``(1) Subgrants.--A local educational agency may receive a
subgrant under this part for any fiscal year only if such agency
has on file with the State educational agency a plan, approved by
the State educational agency, that is coordinated with other
programs under this Act, the Goals 2000: Educate America Act, and
other Acts, as appropriate, as specified in section 14306.
``(2) Consolidated application.--The plan may be submitted as
part of a consolidated application under section 14304.
``(b) Plan Provisions.--Each local educational agency plan shall
include--
``(1) a description of additional high-quality student
assessments, if any, other than the assessments described in the
State plan under section 1111, that the local educational agency
and schools served under this part will use to--
``(A) determine the success of children served under this
part in meeting the State's student performance standards and
provide information to teachers, parents, and students on the
progress being made toward meeting the State student
performance standards described in section 1111(b)(1)(D)(ii);
``(B) assist in diagnosis, teaching, and learning in the
classroom in ways that best enable children served under this
part to meet State standards and do well in the local
curriculum; and
``(C) determine what revisions are needed to projects under
this part so that such children will meet the State's student
performance standards;
``(2) at the local educational agency's discretion, a
description of any other indicators that will be used in addition
to the assessments described in paragraph (1) for the uses
described in such paragraph;
``(3) a description of the strategy the local educational
agency will use to provide professional development for teachers,
and, where appropriate, pupil services personnel, administrators,
parents and other staff, including local educational agency level
staff in accordance with section 1119;
``(4) a description of how the local educational agency will
coordinate and integrate services provided under this part with
other educational services at the local educational agency or
individual school level, such as--
``(A) Even Start, Head Start, and other preschool programs,
including plans for the transition of participants in such
programs to local elementary school programs, vocational
education programs, and school-to-work transition programs; and
``(B) services for children with limited English
proficiency or with disabilities, migratory children served
under part C or who were formerly eligible for services under
part C in the two-year period preceding the date of the
enactment of the Improving America's School Act of 1994,
neglected or delinquent youth and youth at risk of dropping out
served under part D, homeless children, and immigrant children
in order to increase program effectiveness, eliminate
duplication, and reduce fragmentation of the instructional
program;
``(5) a description of the poverty criteria that will be used
to select school attendance areas under section 1113;
``(6) a description of how teachers, in consultation with
parents, administrators, and pupil services personnel, in targeted
assistance schools under section 1115, will identify the eligible
children most in need of services under this part;
``(7) a general description of the nature of the programs to be
conducted by such agency's schools under sections 1114 and 1115
and, where appropriate, educational services outside such schools
for children living in local institutions for neglected or
delinquent children, for neglected and delinquent children in
community day school programs, and for eligible homeless children;
``(8) a description of how the local educational agency will
ensure that migratory children and formerly migratory children who
are eligible to receive services under this part are selected to
receive such services on the same basis as other children who are
selected to receive services under this part;
``(9) where appropriate, a description of how the local
educational agency will use funds under this part to support
preschool programs for children, particularly children
participating in a Head Start or Even Start program, which services
may be provided directly by the local educational agency or through
a subcontract with the local Head Start agency designated by the
Secretary of Health and Human Services under section 641 of the
Head Start Act, agencies operating Even Start programs, or another
comparable public early childhood development program.
``(c) Assurances.--
``(1) In general.--Each local educational agency plan shall
provide assurances that the local educational agency will--
``(A) inform eligible schools and parents of schoolwide
project authority;
``(B) provide technical assistance and support to
schoolwide programs;
``(C) work in consultation with schools as the schools
develop the schools' plans pursuant to section 1114 and assist
schools as the schools implement such plans or undertake
activities pursuant to section 1115 so that each school can
make adequate yearly progress toward meeting the State content
standards and State student performance standards;
``(D) fulfill such agency's school improvement
responsibilities under section 1116, including taking
corrective actions under section 1116(c)(4);
``(E) coordinate and collaborate, to the extent feasible
and necessary as determined by the local educational agency,
with other agencies providing services to children, youth, and
families, including health and social services;
``(F) provide services to eligible children attending
private elementary and secondary schools in accordance with
section 1120, and timely and meaningful consultation with
private school officials regarding such services;
``(G) take into account the experience of model programs
for the educationally disadvantaged, and the findings of
relevant research indicating that services may be most
effective if focused on students in the earliest grades at
schools that receive funds under this part; and
``(H) beginning in fiscal year 1997 and in the case that a
local educational agency chooses to use funds under this part
to provide early childhood development services to low-income
children below the age of compulsory school attendance, ensure
that such services comply with the performance standards
established under section 641A(a) of the Head Start Act or
under section 651 of such Act, as such section 651 was in
effect on the day preceding the date of enactment of the Human
Services Amendments of 1994.
``(2) Special rule.--In carrying out subparagraph (H) of
paragraph (1) the Secretary--
``(A) in fiscal year 1995, shall consult with the Secretary
of Health and Human Services on the implementation of such
subparagraph and shall establish procedures (taking into
consideration existing State and local laws, and local teacher
contracts) to assist local educational agencies to comply with
such subparagraph; and
``(B) in fiscal year 1996, shall disseminate to local
educational agencies the Head Start Performance Standards
revised pursuant to section 641A(a) of the Head Start Act, and
such agencies effected by such subparagraph shall plan for the
implementation of such subparagraph (taking into consideration
existing State and local laws, and local teacher contracts),
including pursuing the availability of other Federal, State,
and local funding sources to assist in compliance with such
subparagraph.
``(3) Inapplicability.--The provisions of this subsection shall
not apply to preschool programs using the Even Start model or to
Even Start programs which are expanded through the use of funds
under this part.
``(d) Plan Development and Duration.--Each local educational agency
plan shall--
``(1) be developed in consultation with teachers, including
vocational teachers, and pupil services personnel, where
appropriate, and parents of children in schools served under this
part; and
``(2)(A) remain in effect for the duration of the local
educational agency's participation under this part; and
``(B) periodically be reviewed and revised, as necessary, to
reflect changes in the local educational agency's strategies and
programs.
``(e) State Approval.--
``(1) In general.--Each local educational agency plan shall be
filed according to a schedule established by the State educational
agency, except that a local educational agency shall have not more
than one year after the date of enactment of the Improving
America's Schools Act of 1994 to have such plan provisionally
approved by the State educational agency and not more than two
years after the date of enactment of such Act to have such plan
finally approved by the State educational agency.
``(2) Approval.--The State educational agency shall approve a
local educational agency's plan only if the State educational
agency determines that the local educational agency's plan will
enable schools served under this part to substantially help all
children served under this part meet the standards expected of all
children described in section 1111(b)(1).
``(3) Review.--The State educational agency shall review the
local educational agency's plan to determine if such agency's
professional development activities are in accordance with section
1119.
``(f) Program Responsibility.--The local educational agency plan
shall reflect the shared responsibility of schools, teachers, and the
local educational agency in making decisions regarding activities under
sections 1114 and 1115.
``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
``(a) Determination.--
``(1) In general.--A local educational agency shall use funds
received under this part only in eligible school attendance areas.
``(2) Eligible school attendance areas.--For the purposes of
this part--
``(A) the term `school attendance area' means, in relation
to a particular school, the geographical area in which the
children who are normally served by that school reside; and
``(B) the term `eligible school attendance area' means a
school attendance area in which the percentage of children from
low-income families is at least as high as the percentage of
children from low-income families in the local educational
agency as a whole.
``(3) Ranking order.--If funds allocated in accordance with
subsection (c) are insufficient to serve all eligible school
attendance areas, a local educational agency shall--
``(A) annually rank, without regard to grade spans, such
agency's eligible school attendance areas in which the
concentration of children from low-income families exceeds 75
percent from highest to lowest according to the percentage of
children from low-income families; and
``(B) serve such eligible school attendance areas in rank
order.
``(4) Remaining funds.--If funds remain after serving all
eligible school attendance areas under paragraph (3), a local
educational agency shall--
``(A) annually rank such agency's remaining eligible school
attendance areas from highest to lowest either by grade span or
for the entire local educational agency according to the
percentage of children from low-income families; and
``(B) serve such eligible school attendance areas in rank
order either within each grade-span grouping or within the
local educational agency as a whole.
``(5) Measures.--The local educational agency shall use the
same measure of poverty, which measure shall be the number of
children ages 5 through 17 in poverty counted in the most recent
census data approved by the Secretary, the number of children
eligible for free and reduced priced lunches under the National
School Lunch Act, the number of children in families receiving
assistance under the Aid to Families with Dependent Children
program, or the number of children eligible to receive medical
assistance under the Medicaid program, or a composite of such
indicators, with respect to all school attendance areas in the
local educational agency--
``(A) to identify eligible school attendance areas;
``(B) to determine the ranking of each area; and
``(C) to determine allocations under subsection (c).
``(6) Exception.--This subsection shall not apply to a local
educational agency with a total enrollment of less than 1,000
children.
``(7) Waiver for desegregation plans.--The Secretary may
approve a local educational agency's written request for a waiver
of the requirements of subsections (a) and (c), and permit such
agency to treat as eligible, and serve, any school that children
attend with a State-ordered or a court-ordered school desegregation
plan or a plan that continues to be implemented in accordance with
a State-ordered or court-ordered desegregation plan, if (A) the
number of economically disadvantaged children enrolled in the
school is at least 25 percent of the school's total enrollment; and
(B) the Secretary determines on the basis of a written request from
such agency and in accordance with such criteria as the Secretary
establishes, that approval of that request would further the
purposes of this part.
``(b) Local Educational Agency Discretion.--
``(1) In general.--Notwithstanding subsection (a)(2), a local
educational agency may--
``(A) designate as eligible any school attendance area or
school in which at least 35 percent of the children are from
low-income families;
``(B) use funds received under this part in a school that
is not in an eligible school attendance area, if the percentage
of children from low-income families enrolled in the school is
equal to or greater than the percentage of such children in a
participating school attendance area of such agency; and
``(C) elect not to serve an eligible school attendance area
or eligible school that has a higher percentage of children
from low-income families if--
``(i) the school meets the comparability requirements
of section 1120A(c);
``(ii) the school is receiving supplemental funds from
other State or local sources that are spent according to
the requirements of section 1114 or 1115; and
``(iii) the funds expended from such other sources
equal or exceed the amount that would be provided under
this part.
``(2) Special rule.--Notwithstanding paragraph (1)(C), the
number of children attending private elementary and secondary
schools who are to receive services, and the assistance such
children are to receive under this part, shall be determined
without regard to whether the public school attendance area in
which such children reside is assisted under paragraph (1).
``(c) Allocations.--
``(1) In general.--A local educational agency shall allocate
funds received under this part to eligible school attendance areas
or eligible schools, identified under subsection (a) or (b), in
rank order, on the basis of the total number of children from low-
income families in each area or school.
``(2) Special rule.--(A) Except as provided in subparagraph
(B), the per pupil amount of funds allocated to each school
attendance area or school under paragraph (1) shall be at least 125
percent of the per pupil amount of funds a local educational agency
received for that year under the poverty criteria described by the
local educational agency in the plan submitted under section 1112,
except that this paragraph shall not apply to a local educational
agency that only serves schools in which the percentage of such
children is 35 percent or greater.
``(B) A local educational agency may reduce the amount of funds
allocated under subparagraph (A) for a school attendance area or
school by the amount of any supplemental State and local funds
expended in that school attendance area or school for programs that
meet the requirements of section 1114 or 1115.
``(3) Reservation.--A local educational agency shall reserve
such funds as are necessary under this part to provide services
comparable to those provided to children in schools funded under
this part to serve--
``(A) where appropriate, eligible homeless children who do
not attend participating schools, including providing
educationally related support services to children in shelters;
``(B) children in local institutions for neglected or
delinquent children; and
``(C) where appropriate, neglected and delinquent children
in community day school programs.
``SEC. 1114. SCHOOLWIDE PROGRAMS.
``(a) Use of Funds for Schoolwide Programs.--
``(1) In general.--A local educational agency may use funds
under this part, in combination with other Federal, State, and
local funds, in order to upgrade the entire educational program in
a school described in subparagraph (A) or (B) if, for the initial
year of the schoolwide program, the school meets either of the
following criteria:
``(A) For the school year 1995-1996--
``(i) the school serves an eligible school attendance
area in which not less than 60 percent of the children are
from low-income families; or
``(ii) not less than 60 percent of the children
enrolled in the school are from such families.
``(B) For the school year 1996-1997 and subsequent years--
``(i) the school serves an eligible school attendance
area in which not less than 50 percent of the children are
from low-income families; or
``(ii) not less than 50 percent of the children
enrolled in the school are from such families.
``(2) State assurances.--(A) A local educational agency may
start new schoolwide programs under this section only after the
State educational agency provides written information to each local
educational agency in the State that demonstrates that such State
agency has established the statewide system of support and
improvement required by subsections (c)(1) and (e) of section 1117.
``(B) A school that desires to initiate a schoolwide program
under this section prior to the establishment of the statewide
system of support and improvement required in subsections (c)(1)
and (e) of section 1117 shall demonstrate to the local educational
agency that such school has received high quality technical
assistance and support from other providers of assistance such as
comprehensive technical assistance centers, regional laboratories,
institutions of higher education, educational service agencies, or
other local consortia.
``(3) Identification.--(A) No school participating in a
schoolwide program shall be required to identify particular
children under this part as eligible to participate in a schoolwide
program or to provide supplemental services to such children.
``(B) A school participating in a schoolwide program shall use
funds available to carry out this section only to supplement the
amount of funds that would, in the absence of funds under this
part, be made available from non-Federal sources for the school,
including funds needed to provide services that are required by law
for children with disabilities and children with limited English
proficiency.
``(4) Special rule.--(A) Except as provided in subsection (b),
the Secretary may, through publication of a notice in the Federal
Register, exempt schoolwide programs under this section from
statutory or regulatory provisions of any other noncompetitive
formula grant program administered by the Secretary, or any
discretionary grant program administered by the Secretary (other
than formula or discretionary grant programs under the Individuals
with Disabilities Education Act), to support schoolwide programs,
if the intent and purposes of such other programs are met.
``(B) A school that chooses to use funds from such other
programs shall not be relieved of the requirements relating to
health, safety, civil rights, gender equity, student and parental
participation and involvement, services to private school children,
maintenance of effort, comparability of services, uses of Federal
funds to supplement, not supplant non-Federal funds, or the
distribution of funds to State or local educational agencies that
apply to the receipt of funds from such programs.
``(5) Professional development.--Each school receiving funds
under this part for any fiscal year shall devote sufficient
resources to effectively carry out the activities described in
subsection (b)(1)(D) in accordance with section 1119 for such
fiscal year, except that a school may enter into a consortium with
another school to carry out such activities.
``(b) Components of a Schoolwide Program.--
``(1) In general.--A schoolwide program shall include the
following components:
``(A) A comprehensive needs assessment of the entire school
that is based on information on the performance of children in
relation to the State content standards and the State student
performance standards described in section 1111(b)(1).
``(B) Schoolwide reform strategies that--
``(i) provide opportunities for all children to meet
the State's proficient and advanced levels of student
performance described in section 1111(b)(1)(D);
``(ii) are based on effective means of improving the
achievement of children;
``(iii) use effective instructional strategies, which
may include the integration of vocational and academic
learning (including applied learning and team teaching
strategies), that--
``(I) increase the amount and quality of learning
time, such as providing an extended school year and
before- and after-school and summer programs and
opportunities, and help provide an enriched and
accelerated curriculum; and
``(II) include strategies for meeting the
educational needs of historically underserved
populations, including girls and women;
``(iv)(I) address the needs of all children in the
school, but particularly the needs of children who are
members of the target population of any program that is
included in the schoolwide program, which may include--
``(aa) counseling, pupil services, and mentoring
services;
``(bb) college and career awareness and
preparation, such as college and career guidance,
comprehensive career development, occupational
information, enhancement of employability skills and
occupational skills, personal finance education, job
placement services, and innovative teaching methods
which may include applied learning and team teaching
strategies;
``(cc) services to prepare students for the
transition from school to work, including the formation
of partnerships between elementary, middle, and
secondary schools and local businesses, and the
integration of school-based and work-based learning;
and
``(dd) incorporation of gender-equitable methods
and practices; and
``(II) address how the school will determine if such
needs have been met; and
``(vii) are consistent with, and are designed to
implement, the State and local improvement plans, if any,
approved under title III of the Goals 2000: Educate America
Act.
``(C) Instruction by highly qualified professional staff.
``(D) In accordance with section 1119 and subsection
(a)(5), professional development for teachers and aides, and,
where appropriate, pupil services personnel, parents,
principals, and other staff to enable all children in the
school to meet the State's student performance standards.
``(E) Strategies to increase parental involvement, such as
family literary services.
``(F) Plans for assisting preschool children in the
transition from early childhood programs, such as Head Start,
Even Start, or a State-run preschool program, to local
elementary school programs.
``(G) Measures to include teachers in the decisions
regarding the use of assessments described in section
1112(b)(1) in order to provide information on, and to improve,
the performance of individual students and the overall
instructional program.
``(H) Activities to ensure that students who experience
difficulty mastering any of the standards required by section
1111(b) during the course of the school year shall be provided
with effective, timely additional assistance, which shall
include--
``(i) measures to ensure that students' difficulties
are identified on a timely basis and to provide sufficient
information on which to base effective assistance;
``(ii) to the extent the school determines feasible
using funds under this part, periodic training for teachers
in how to identify such difficulties and to provide
assistance to individual students; and
``(iii) for any student who has not met such standards,
teacher-parent conferences, at which time the teacher and
parents shall discuss--
``(I) what the school will do to help the student
meet such standards;
``(II) what the parents can do to help the student
improve the student's performance; and
``(III) additional assistance which may be
available to the student at the school or elsewhere in
the community.
``(2) Plan.--(A) Any eligible school that desires to operate a
schoolwide program shall first develop (or amend a plan for such a
program that was in existence before the date of enactment of the
Improving America's Schools Act of 1994), in consultation with the
local educational agency and its school support team or other
technical assistance provider under subsections (c)(1) and (e) of
section 1117, a comprehensive plan for reforming the total
instructional program in the school that--
``(i) incorporates the components described in paragraph
(1);
``(ii) describes how the school will use resources under
this part and from other sources to implement those components;
``(iii) includes a list of State and local educational
agency programs and other Federal programs under subsection
(a)(4) that will be included in the schoolwide program;
``(iv) describes how the school will provide individual
student assessment results, including an interpretation of
those results, to the parents of a child who participates in
the assessment required by section 1111(b)(3);
``(v) provides for the collection of data on the
achievement and assessment results of students disaggregated by
gender, major ethnic or racial groups, limited English
proficiency status, migrant students, and by children with
disabilities as compared to other students, and by economically
disadvantaged students as compared to students who are not
economically disadvantaged;
``(vi) seeks to produce statistically sound results for
each category for which assessment results are disaggregated
through the use of oversampling or other means; and
``(vii) provides for the public reporting of disaggregated
data only when such reporting is statistically sound.
``(B) Plans developed before a State has adopted standards and
a set of assessments that meet the criteria in paragraphs (1) and
(3) of section 1111(b) shall be based on an analysis of available
data on the achievement of students in the school and effective
instructional and school improvement practices.
``(C) The comprehensive plan shall be--
``(i) developed during a one-year period, unless--
``(I) the local educational agency, after considering
the recommendation of the technical assistance providers
under subsections (c) and (e) of section 1117, determines
that less time is needed to develop and implement the
schoolwide program; or
``(II) the school is operating a schoolwide program on
the day preceding the date of enactment of the Improving
America's Schools Act of 1994, in which case such school
may continue to operate such program, but shall develop a
new plan during the first year of assistance under such Act
to reflect the provisions of this section;
``(ii) developed with the involvement of the community to
be served and individuals who will carry out such plan,
including teachers, principals, other staff, and, where
appropriate, pupil services personnel, and parents, and, if the
plan relates to a secondary school, students from such school;
``(iii) in effect for the duration of the school's
participation under this part and reviewed and revised, as
necessary, by the school;
``(iv) available to the local educational agency, parents,
and the public, and the information contained in such plan
shall be translated, to the extent feasible, into any language
that a significant percentage of the parents of participating
children in the school speak as their primary language; and
``(v) where appropriate, developed in coordination with
programs under the School-to-Work Opportunities Act of 1994,
the Carl D. Perkins Vocational and Applied Technology Education
Act, and the National and Community Service Act of 1990.
``(c) Accountability.--A schoolwide program under this section
shall be subject to the school improvement provisions of section 1116.
``SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
``(a) In General.--In all schools selected to receive funds under
section 1113(c) that are ineligible for a schoolwide program under
section 1114, or that choose not to operate such a schoolwide program,
a local educational agency may use funds received under this part only
for programs that provide services to eligible children under
subsection (b) identified as having the greatest need for special
assistance.
``(b) Eligible Children.--
``(1) Eligible population.--(A) The eligible population for
services under this part is--
``(i) children not older than age 21 who are entitled to a
free public education through grade 12; and
``(ii) children who are not yet at a grade level where the
local educational agency provides a free public education, yet
are of an age at which such children can benefit from an
organized instructional program provided in a school or other
educational setting.
``(B) From the population described in subparagraph (A),
eligible children are children identified by the school as failing,
or most at risk of failing, to meet the State's challenging student
performance standards on the basis of multiple, educationally
related, objective criteria established by the local educational
agency and supplemented by the school, except that children from
preschool through grade two shall be selected solely on the basis
of such criteria as teacher judgment, interviews with parents, and
developmentally appropriate measures.
``(2) Children included.--(A)(i) Children who are economically
disadvantaged, children with disabilities, migrant children or
limited English proficient children, are eligible for services
under this part on the same basis as other children selected to
receive services under this part.
``(ii) Funds received under this part may not be used to
provide services that are otherwise required by law to be made
available to such children but may be used to coordinate or
supplement such services.
``(B) A child who, at any time in the two years preceding the
year for which the determination is made, participated in a Head
Start or Even Start program, is eligible for services under this
part.
``(C)(i) A child who, at any time in the two years preceding
the year for which the determination is made, received services
under the program for youth who are neglected, delinquent, or at
risk of dropping out under part D (or its predecessor authority)
may be eligible for services under this part.
``(ii) A child in a local institution for neglected or
delinquent children or attending a community day program for such
children may be eligible for services under this part.
``(D) A child who is homeless and attending any school in the
local educational agency may be eligible for services under this
part.
``(c) Components of a Targeted Assistance School Program.--
``(1) In general.--To assist targeted assistance schools and
local educational agencies to meet their responsibility to provide
for all their students served under this part the opportunity to
meet the State's student performance standards in subjects as
determined by the State, each targeted assistance program under
this section shall--
``(A) use such program's resources under this part to help
participating children meet such State student performance
standards expected for all children;
``(B) be based on effective means for improving achievement
of children;
``(C) ensure that planning for students served under this
part is incorporated into existing school planning;
``(D) use effective instructional strategies that--
``(i) give primary consideration to providing extended
learning time such as an extended school year, before- and
after-school, and summer, programs and opportunities;
``(ii) help provide an accelerated, high-quality
curriculum, including applied learning; and
``(iii) minimize removing children from the regular
classroom during regular school hours for instruction
provided under this part;
``(E) coordinate with and support the regular education
program, which may include--
``(i) counseling, mentoring, and other pupil services;
``(ii) college and career awareness and preparation,
such as college and career guidance, comprehensive career
development, occupational information, enhancement of
employability skills and occupational skills, personal
finance education, job placement services, and innovative
teaching methods which may include applied learning and
team teaching strategies;
``(iii) services to prepare students for the transition
from school to work, including the formation of
partnerships between elementary, middle, and secondary
schools and local businesses, and the integration of
school-based and work-based learning; and
``(iv) services to assist preschool children in the
transition from early childhood programs to elementary
school programs;
``(F) provide instruction by highly qualified staff;
``(G) in accordance with subsection (e)(3) and section
1119, provide opportunities for professional development with
resources provided under this part, and from other sources to
the extent feasible, for administrators and for teachers and
other school staff who work with participating children in
programs under this section or in the regular education
program; and
``(H) provide strategies to increase parental involvement,
such as family literary services.
``(2) Requirements.--Each school conducting a program under
this section shall assist participating children selected in
accordance with subsection (b) to meet the State's proficient and
advanced levels of performance by--
``(A) the coordination of resources provided under this
part with other resources to enable the children served to meet
the State content standards and State student performance
standards; and
``(B) reviewing, on an ongoing basis, the progress of
participating children and revising the targeted assistance
program, if necessary, to provide additional assistance to
enable such children to meet the State's challenging student
performance standards, such as an extended school year, before-
and after-school, and summer, programs and opportunities,
training for teachers regarding how to identify students that
require additional assistance, and training for teachers
regarding how to implement student performance standards in the
classroom.
``(d) Assignment of Personnel.--To promote the integration of staff
supported with funds under this part and children served under this
part into the regular school program and overall school planning and
improvement efforts, public school personnel who are paid with funds
received under this part may--
``(1) assume limited duties that are assigned to similar
personnel who are not so paid, including duties beyond classroom
instruction or that do not benefit participating children, so long
as the amount of time spent on such duties is the same proportion
of total work time as prevails with respect to similar personnel at
the same school;
``(2) participate in general professional development and
school planning activities; and
``(3) collaboratively teach with regular classroom teachers, if
such collaborative teaching directly benefits participating
children.
``(e) Special Rules.--
``(1) Simultaneous service.--Nothing in this section shall be
construed to prohibit a school from serving students served under
this section simultaneously with students with similar educational
needs, in the same educational settings where appropriate.
``(2) Comprehensive services.--If health, nutrition, and other
social services are not otherwise available to eligible children in
a targeted assistance school and such school, if appropriate, has
engaged in a comprehensive needs assessment and established a
collaborative partnership with local service providers, and if
funds are not reasonably available from other public or private
sources to provide services under this part, then a portion of the
funds provided under this part may be used as a last resort to
provide such services, including--
``(A) the provision of basic medical equipment, such as
eyeglasses and hearing aids;
``(B) compensation of a coordinator; and
``(C) professional development necessary to assist
teachers, pupil services personnel, other staff, and parents in
identifying and meeting the comprehensive needs of eligible
children.
``(3) Professional development.--Each school receiving funds
under this part for any fiscal year shall devote sufficient
resources to effectively carry out the professional development
activities described in subparagraph (G) of subsection (c)(1) in
accordance with section 1119, for such fiscal year, except that a
school may enter into a consortium with another school to carry out
such activities.
``SEC. 1115A. SCHOOL CHOICE.
``(a) Choice Programs.--A local educational agency may use funds
under this part, in combination with State, local, and private funds,
to develop and implement choice programs, for children eligible for
assistance under this part, which permit parents to select the public
school that their children will attend.
``(b) Choice Plan.--A local educational agency that chooses to
implement a school choice plan shall first develop a comprehensive plan
that includes assurances that--
``(1) all eligible students across grade levels will have equal
access to the program;
``(2) the program does not include schools which follow a
racially discriminatory policy;
``(3) describe how the school will use resources under this
part and from other sources to implement the plan;
``(4) describe how the school will provide individual student
assessment results, including an interpretation of such results, to
the parents of a child who participates in the assessment required
by section 1111(b)(3);
``(5) the plan will be developed with the involvement of the
community to be served and individuals who will carry out the plan,
including teachers, principals, and other staff, parents, and, if
the plan relates to a secondary school, students from the school;
``(6) the plan will be made available to parents and the
public;
``(7) the program will not include schools that do not receive
funds under this part;
``(8) the program will not use funds under this part to pay for
transportation costs;
``(9) both the sending and receiving schools agree to the
student transfer; and
``(10) such local educational agency will comply with the other
requirements of this part.
``SEC. 1116. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
IMPROVEMENT.
``(a) Local Review.--Each local educational agency receiving funds
under this part shall--
``(1) use the State assessments described in the State plan;
``(2) use any additional measures or indicators described in
the local educational agency's plan to review annually the progress
of each school served under this part to determine whether the
school is meeting, or making adequate progress as defined in
section 1111(b)(2)(A)(i) toward enabling its students to meet the
State's student performance standards described in the State plan;
``(3) publicize and disseminate to teachers and other staff,
parents, students, and the community, the results of the annual
review under paragraph (2) of all schools served under this part in
individual school performance profiles that include statistically
sound disaggregated results as required by section 1111(b)(3)(I);
and
``(4) provide the results of the local annual review to schools
so that the schools can continually refine the program of
instruction to help all children served under this part in those
schools meet the State's student performance standards.
``(b) Designation of Distinguished Schools.--Each State educational
agency and local educational agency receiving funds under this part
shall designate distinguished schools in accordance with section 1117.
``(c) School Improvement.--
``(1) In general.--A local educational agency shall identify
for school improvement any school served under this part that--
``(A) has been in program improvement under section 1020 of
the Elementary and Secondary Education Act of 1965 (as such
section was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994), for
at least two consecutive school years prior to such day;
``(B) has not made adequate progress as defined in the
State's plan under section 1111(b)(2)(A)(i) for two consecutive
school years, except that--
``(i) this subparagraph shall not apply to a school if
almost every student in such school is meeting the State's
advanced level of performance; or
``(ii) in the case of a targeted assistance school,
such school may be reviewed on the progress of only those
students that have been or are served under this part; or
``(C) has failed to meet the criteria established by the
State through the State's transitional procedure under section
1111(b)(7)(B) for two consecutive years.
``(2) Requirement.--(A) Each school identified under paragraph
(1) shall--
``(i) in consultation with parents, the local educational
agency, and the school support team, develop or revise a school
plan in ways that have the greatest likelihood of improving the
performance of participating children in meeting the State's
student performance standards, which may include reviewing the
schools' plan in the context of the opportunity-to-learn
standards or strategies developed by such State under the Goals
2000: Educate America Act; and
``(ii) submit the plan or revised plan to the local
educational agency for approval.
``(B) Before identifying a school for school improvement under
paragraph (1), the local educational agency shall provide the
school with an opportunity to review the school-level data,
including assessment data, on which such identification is based.
If the school believes that such identification for school
improvement is in error for statistical or other substantive
reasons, such school may provide evidence to the local educational
agency to support such belief.
``(C) During the first year immediately following such
identification, the school shall implement such school's plan or
revised plan.
``(3) Professional development.--(A) Each school identified
under paragraph (1) shall, as part of the school plan under
paragraph (2), improve the skills of its staff by providing
effective professional development activities. A school shall
demonstrate such school's compliance with this paragraph by--
``(i) devoting to such activities, over two consecutive
years, an amount equivalent to at least 10 percent of the funds
received by the school under this part during one fiscal year;
or
``(ii) otherwise demonstrating that such school is
effectively carrying out professional development activities.
``(B) A school may use funds from any source to meet the
requirements of this subsection.
``(C) Decisions about how to use the funds made available under
this part which the school makes available for professional
development shall be made by teachers, principals, and other school
staff in that school.
``(4) Technical assistance.--(A) For each school identified
under paragraph (1), the local educational agency shall provide
technical or other assistance as the school develops and implements
such school's plan or revised plan, such as a joint plan between
the local educational agency and school that addresses specific
elements of student performance problems and that specifies school
and local educational agency responsibilities under the plan, and
waivers or modifications of requirements of local educational
agency policy or regulation that impede the ability of the school
to educate students.
``(B) Such technical assistance may be provided directly by the
local educational agency, through mechanisms authorized under
section 1117, or with the local educational agency's approval, by
an institution of higher education, a private nonprofit
organization, an educational service agency, a comprehensive
regional assistance center under part A of title XIII, or other
entities with experience in helping schools improve achievement.
``(5) Corrective action.--(A) Except as provided in
subparagraph (C), after providing technical assistance pursuant to
paragraph (4) and taking other remediation measures, the local
educational agency may take corrective action at any time against a
school that has been identified under paragraph (1), but, during
the third year following identification under paragraph (1), shall
take such action against any school that still fails to make
adequate progress.
``(B)(i) Corrective actions are those, consistent with State
and local law, determined and made public and disseminated by the
local educational agency, which may include--
``(I) withholding funds;
``(II) interagency collaborative agreements between the
school and other public agencies to provide health, counseling,
and other social services needed to remove barriers to
learning;
``(III) revoking authority for a school to operate a
schoolwide program;
``(IV) decreasing decisionmaking authority at the school
level;
``(V) making alternative governance arrangements such as
the creation of a public charter school;
``(VI) reconstituting the school staff;
``(VII) authorizing students to transfer, including
transportation costs, to other public schools served by the
local educational agency; and
``(VIII) implementing opportunity-to-learn standards or
strategies developed by such State under the Goals 2000:
Educate America Act.
``(ii) Notwithstanding clause (i), corrective actions taken
pursuant to this part shall not include the actions described in
subclause (I), (III), (IV), (VI), or (VII) of clause (i) until the
State has developed assessments that meet the requirements of
subparagraph (C) of section 1111(b)(3).
``(C) Prior to implementing any corrective action, the local
educational agency may refrain from such corrective action for one
additional year to the extent that the failure to make progress can
be attributed to extenuating circumstances as determined by the
local educational agency.
``(D) A school that is no longer operating its schoolwide
program due to a corrective action may not resume operation of such
a program until the local educational agency determines that the
school has adequately reformed its schoolwide program plan to
enable the school to make adequate progress toward meeting the
State's challenging student performance standards.
``(6) State educational agency responsibilities.--The State
educational agency shall--
``(A) make technical assistance under section 1117
available to the schools farthest from meeting the State's
challenging student performance standards, if requested by the
school or local educational agency; and
``(B) if such agency determines that a local educational
agency failed to carry out the local educational agency's
responsibilities under paragraphs (4) and (5), take such
corrective actions as the State educational agency deems
appropriate and which are in compliance with State law.
``(7) Special rule.--Schools that, for at least two of the
three years following identification under paragraph (1), make
adequate progress toward meeting the State's proficient and
advanced levels of performance shall no longer need to be
identified for school improvement.
``(d) State Review and Local Educational Agency Improvement.--
``(1) In general.--A State educational agency shall--
``(A) annually review the progress of each local
educational agency receiving funds under this part to determine
whether schools receiving assistance under this part are making
adequate progress as defined in section 1111(b)(2)(A)(ii)
toward meeting the State's student performance standards; and
``(B) publicize and disseminate to local educational
agencies, teachers and other staff, parents, students, and the
community the results of the State review, including
statistically sound disaggregated results, as required by
section 1111(b)(3)(I).
``(2) Rewards.--In the case of a local educational agency that
for three consecutive years has met or exceeded the State's
definition of adequate progress as defined in section
1111(b)(2)(A)(ii), the State may make institutional and individual
rewards of the kinds described for individual schools in paragraph
(2) of section 1117(c).
``(3) Identification.--(A) A State educational agency shall
identify for improvement any local educational agency that--
``(i) for two consecutive years, is not making adequate
progress as defined in section 1111(b)(2)(A)(ii) in schools
served under this part toward meeting the State's student
performance standards, except that schools served by the local
educational agency that are operating targeted assistance
programs may be reviewed on the basis of the progress of only
those students served under this part; or
``(ii) has failed to meet the criteria established by the
State through such State's transitional procedure under section
1111(b)(7)(B) for two consecutive years.
``(B) Before identifying a local educational agency for
improvement under paragraph (1), the State educational agency shall
provide the local educational agency with an opportunity to review
the school-level data, including assessment data, on which such
identification is based. If the local educational agency believes
that such identification for improvement is in error due to
statistical or other substantive reasons, such local educational
agency may provide evidence to the State educational agency to
support such belief.
``(4) Local educational agency revisions.--(A) Each local
educational agency identified under paragraph (3) shall, in
consultation with schools, parents, and educational experts, revise
its local educational agency plan under section 1112 in ways that
have the greatest likelihood of improving the performance of
schools served by the local educational agency under this part in
meeting the State's student performance standards.
``(B) Such revision shall include determining why the local
educational agency's plan failed to bring about increased
achievement, and may include reviewing the local educational
agency's plan in the context of the opportunity-to-learn standards
or strategies developed by such State under the Goals 2000: Educate
America Act.
``(5) State educational agency responsibility.--(A) For each
local educational agency identified under paragraph (3), the State
educational agency shall--
``(i) provide technical or other assistance, if requested,
as authorized under section 1117, to better enable the local
educational agency to--
``(I) develop and implement the local educational
agency's revised plan; and
``(II) work with schools needing improvement; and
``(ii) make available to the local educational agencies
farthest from meeting the State's standards, if requested,
assistance under section 1117.
``(B) Technical or other assistance may be provided by the
State educational agency directly, or by an institution of higher
education, a private nonprofit organization, an educational service
agency or other local consortium, a technical assistance center, or
other entities with experience in assisting local educational
agencies improve achievement, and may include--
``(i) interagency collaborative agreements between the
local educational agency and other public agencies to provide
health, pupil services, and other social services needed to
remove barriers to learning; and
``(ii) waivers or modification of requirements of State law
or regulation (in States in which such waivers are permitted)
that impede the ability of a local educational agency to
educate students.
``(6) Corrective action.--(A) Except as provided in
subparagraph (C), after providing technical assistance pursuant to
paragraph (5) and taking other remediation measures, the State
educational agency may take corrective action at any time against a
local educational agency that has been identified under paragraph
(3), but, during the fourth year following identification under
paragraph (3), shall take such action against any local educational
agency that still fails to make adequate progress.
``(B)(i) Corrective actions are those actions, consistent with
State law, determined and made public and disseminated by the State
educational agency, which may include--
``(I) the withholding of funds;
``(II) reconstitution of school district personnel;
``(III) removal of particular schools from the jurisdiction
of the local educational agency and establishment of
alternative arrangements for public governance and supervision
of such schools;
``(IV) implementation of the opportunity-to-learn standards
or strategies developed by such State under the Goals 2000:
Educate America Act;
``(V) appointment by the State educational agency of a
receiver or trustee to administer the affairs of the local
educational agency in place of the superintendent and school
board;
``(VI) the abolition or restructuring of the local
educational agency;
``(VII) the authorizing of students to transfer from a
school operated by one local educational agency to a school
operated by another local educational agency; and
``(VIII) a joint plan between the State and the local
educational agency that addresses specific elements of student
performance problems and that specifies State and local
responsibilities under the plan.
``(ii) Notwithstanding clause (i), corrective actions taken
pursuant to this part shall not include the actions described in
subclauses (I), (II), and (III) of clause (i) until the State has
developed assessments that meet the requirements of paragraph
(3)(C) of section 1111(b).
``(C) Prior to implementing any corrective action, the State
educational agency shall provide due process and a hearing (if
State law provides for such due process and a hearing) to any local
educational agency identified under paragraph (3) and may refrain
from such corrective action for one year after the four-year period
described in subparagraph (A) to the extent that the failure to
make progress can be attributed to such extenuating circumstances
as determined by the State educational agency.
``(7) Special rule.--Local educational agencies that for at
least two of the three years following identification under
paragraph (3) make adequate progress toward meeting the State's
standards no longer need to be identified for local educational
agency improvement.
``(e) Construction.--Nothing in this section shall be construed to
alter or otherwise affect the rights, remedies, and procedures afforded
school or school district employees under Federal, State, or local laws
(including applicable regulations or court orders) or under the terms
of collective bargaining agreements, memoranda of understanding, or
other agreements between such employees and their employers.
``SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.
``(a) System for Support.--
``(1) State support.--Each State educational agency shall
establish a statewide system of intensive and sustained support and
improvement for schools receiving funds under this part, including
schoolwide programs and schools in need of program improvement, in
order to increase the opportunity for all students in such schools
to meet the State's content standards and student performance
standards.
``(2) Meeting requirements.--Funds reserved under section
1003(a) or appropriated under section 1002(f) shall be used to meet
the requirements of this section. In addition to such funds a State
educational agency may use State administrative funds reserved
under section 1603(c) to meet such requirements.
``(b) Regional Centers.--Such a statewide system shall work with
and receive support and assistance from the comprehensive regional
technical assistance centers under part A of title XIII and the
educational regional laboratories under section 941(h) of the
Educational Research, Development, Dissemination, and Improvement Act
of 1994.
``(c) Provisions.--The system shall include at a minimum, the
following:
``(1) School support teams.--
``(A) Each State educational agency, in consultation with
local educational agencies and schools, shall establish a
system of school support teams to provide information and
assistance to schoolwide programs and to assist such programs
in providing an opportunity to all students to meet the State's
student performance standards.
``(B) If funds are sufficient, school support teams shall
provide information and assistance to--
``(i) schools--
``(I) in which the number of students in poverty is
equal to or greater than 75 percent of the total number
of students enrolled in such school; and
``(II) identified as in need of improvement under
section 1116(c)(1); and
``(ii) other schools in need of improvement.
``(C) Each such team shall be composed of persons,
including teachers, pupil services personnel, representatives
of organizations knowledgeable about successful schoolwide
projects or comprehensive school reform (especially
distinguished educators described in paragraph (3)), and other
persons who are knowledgeable about research and practice on
teaching and learning, particularly about strategies for
improving the educational opportunities for low-achieving
students (including alternative and applied learning), such as
representatives of institutions of higher education, regional
educational laboratories or research centers, and outside
consultant groups.
``(D) A school support team shall work cooperatively with
each school and make recommendations as the school develops the
school's schoolwide program plan or school improvement plan,
review each plan, and make recommendations to the school and
the local educational agency.
``(E) During the operation of the schoolwide program or
during school improvement activities, a school support team
shall--
``(i) periodically review the progress of the school in
enabling children in the school to meet the State's student
performance standards under this part;
``(ii) identify problems in the design and operation of
the instructional program; and
``(iii) make recommendations for improvement to the
school and the local educational agency.
``(2) Distinguished schools.--
``(A) Each State shall designate as a distinguished school
any school served under this part which, for three consecutive
years, has exceeded the State's definition of adequate progress
as defined in section 1111(b)(2)(A)(i), and, any school in
which--
``(i) virtually all students have met the State's
advanced level of student performance; and
``(ii) equity in participation and achievement of
students by sex has been achieved or significantly
improved.
``(B) Schools designated under this paragraph may serve as
models and provide support to other schools, especially
schoolwide programs and schools in school improvement, to
assist such schools in meeting the State's student performance
standards.
``(C) States shall use funds reserved under section 1003(a)
and funds made available under section 1002(f) to allow schools
identified under this paragraph to carry out the activities
described in subparagraph (B) and may use such funds to provide
awards to such schools to further such school's education
programs under this part, provide additional incentives for
continued success, and reward individuals or groups in the
school for exemplary performance.
``(D) A local educational agency may also recognize the
success of a distinguished school by providing additional
institutional and individual rewards, such as greater
decisionmaking authority at the school building level,
increased access to resources or supplemental services such as
summer programs that may be used to sustain or increase
success, additional professional development opportunities,
opportunities to participate in special projects, and
individual financial bonuses.
``(3) Distinguished educators.--
``(A) In order to provide assistance to schools and local
educational agencies identified as needing improvement and
schools participating in schoolwide programs, each State, in
consultation with local educational agencies and using funds
reserved under section 1003(a) and made available under section
1002(f), shall establish a corps of distinguished educators.
``(B) When possible, distinguished educators shall be
chosen from schools served under this part that have been
especially successful in enabling children to meet or make
outstanding progress toward meeting the State's student
performance standards, such as the schools described in
paragraph (2).
``(C) Distinguished educators shall provide, as part of the
statewide system, intensive and sustained assistance to the
schools and local educational agencies farthest from meeting
the State's student performance standards and to schoolwide
programs as such programs develop and implement their plans,
including participation in the support teams described in
paragraph (1).
``(d) Implementation.--In order to implement this section funds
reserved under section 1003(a) and funds made available under section
1002(f) may be used by a State for release time for teachers and
administrators, travel, training, and other related costs.
``(e) Alternatives.--The State may devise additional approaches to
providing the assistance described in paragraphs (1) and (3) of
subsection (c), such as providing assistance through institutions of
higher education and educational service agencies or other local
consortia, and the State may seek approval from the Secretary to use
funds reserved under section 1003 and funds made available under
section 1002(f) for such approaches as part of the State plan.
``SEC. 1118. PARENTAL INVOLVEMENT.
``(a) Local Educational Agency Policy.--
``(1) In general.--A local educational agency may receive funds
under this part only if such agency implements programs,
activities, and procedures for the involvement of parents in
programs assisted under this part consistent with the provisions of
this section. Such activities shall be planned and implemented with
meaningful consultation with parents of participating children.
``(2) Written policy.--Each local educational agency that
receives funds under this part shall develop jointly with, agree
upon with, and distribute to, parents of participating children a
written parent involvement policy that is incorporated into the
local educational agency's plan developed under section 1112,
establishes the expectations for parent involvement, and describes
how the local educational agency will--
``(A) involve parents in the joint development of the plan
under section 1112, and the process of school review and
improvement under section 1116;
``(B) provide the coordination, technical assistance, and
other support necessary to assist participating schools in
planning and implementing effective parent involvement;
``(C) build the schools' and parents' capacity for strong
parent involvement as described in subsection (e);
``(D) coordinate and integrate parental involvement
strategies under this part with parental involvement strategies
under other programs, such as Head Start, Even Start, the
Parents as Teachers Program, the Home Instruction Program for
Preschool Youngsters, and State-run preschool programs;
``(E) conduct, with the involvement of parents, an annual
evaluation of the content and effectiveness of the parental
involvement policy developed under this section--
``(i) to determine the effectiveness of the policy in
increasing the participation of parents; and
``(ii) to identify barriers to greater participation by
parents in activities authorized by this section, giving
particular attention to parents who are economically
disadvantaged, are disabled, have limited English
proficiency, have limited literacy, or are of any racial or
ethnic minority background; and
``(F) use the findings of the evaluations described in
subparagraph (E) in designing strategies for school improvement
and revising, if necessary, the parental involvement policies
described in this subsection and subsection (b)(1).
``(3) Reservation.--(A) Each local educational agency shall
reserve not less than 1 percent of such agency's allocation under
this part to carry out this section, including family literacy and
parenting skills, except that this paragraph shall not apply if 1
percent of such agency's allocation under this part (other than
funds allocated under section 1002(e)) for the fiscal year for
which the determination is made is $5,000 or less.
``(B) Parents of children receiving services under this part
shall be involved in the decisions regarding how funds reserved
under subparagraph (A) are allotted for parental involvement
activities.
``(b) School Parental Involvement Policy.--
``(1) In general.--Each school served under this part shall
jointly develop with, and distribute to, parents of participating
children a written parental involvement policy, agreed upon by such
parents, that shall describe the means for carrying out the
requirements of subsections (c) through (f). Such policy shall be
updated periodically to meet the changing needs of parents and the
school.
``(2) Special rule.--If the school has a parental involvement
policy that applies to all parents, such school may amend that
policy, if necessary, to meet the requirements of this subsection.
``(3) Amendment.--If the local educational agency has a school
district-level parental involvement policy that applies to all
parents, such agency may amend that policy, if necessary, to meet
the requirements of this subsection.
``(4) Parental comments.--If the plan under section 1112 is not
satisfactory to the parents of participating children, the local
educational agency shall submit any parent comments with such plan
when such local educational agency submits the plan to the State.
``(c) Policy Involvement.--Each school served under this part
shall--
``(1) convene an annual meeting, at a convenient time, to which
all parents of participating children shall be invited and
encouraged to attend, to inform parents of their school's
participation under this part and to explain this part, its
requirements, and their right to be involved;
``(2) offer a flexible number of meetings, such as meetings in
the morning or evening, and may provide, with funds provided under
this part, transportation, child care, or home visits, as such
services relate to parental involvement;
``(3) involve parents, in an organized, ongoing, and timely
way, in the planning, review, and improvement of programs under
this part, including the school parental involvement policy and the
joint development of the schoolwide program plan under section
1114(b), except that if a school has in place a process for
involving parents in the joint planning and design of its programs,
the school may use that process, if such process includes an
adequate representation of parents of participating children;
``(4) provide parents of participating children--
``(A) timely information about programs under this part;
``(B) school performance profiles required under section
1116(a)(3) and their child's individual student assessment
results, including an interpretation of such results, as
required under section 1111(b)(3)(H);
``(C) a description and explanation of the curriculum in
use at the school, the forms of assessment used to measure
student progress, and the proficiency levels students are
expected to meet;
``(D) opportunities for regular meetings to formulate
suggestions, share experiences with other parents, and
participate as appropriate in decisions relating to the
education of their children if such parents so desire; and
``(E) timely responses to parents' suggestions under
subparagraph (D); and
``(5) if the schoolwide program plan under section 1114(b)(2)
is not satisfactory to the parents of participating children,
submit any parent comments on the plan when the school makes the
plan available to the local educational agency.
``(d) Shared Responsibilities for High Student Performance.--As a
component of the school-level parental involvement policy developed
under subsection (b), each school served under this part shall jointly
develop with parents for all children served under this part a school-
parent compact that outlines how parents, the entire school staff, and
students will share the responsibility for improved student achievement
and the means by which the school and parents will build and develop a
partnership to help children achieve the State's high standards. Such
compact shall--
``(1) describe the school's responsibility to provide high-
quality curriculum and instruction in a supportive and effective
learning environment that enables the children served under this
part to meet the State's student performance standards, and the
ways in which each parent will be responsible for supporting their
children's learning, such as monitoring attendance, homework
completion, and television watching; volunteering in their child's
classroom; and participating, as appropriate, in decisions relating
to the education of their children and positive use of
extracurricular time; and
``(2) address the importance of communication between teachers
and parents on an ongoing basis through, at a minimum--
``(A) parent-teacher conferences in elementary schools, at
least annually, during which the compact shall be discussed as
the compact relates to the individual child's achievement;
``(B) frequent reports to parents on their children's
progress; and
``(C) reasonable access to staff, opportunities to
volunteer and participate in their child's class, and
observation of classroom activities.
``(e) Building Capacity for Involvement.--To ensure effective
involvement of parents and to support a partnership among the school,
parents, and the community to improve student achievement, each school
and local educational agency--
``(1) shall provide assistance to participating parents in such
areas as understanding the National Education Goals, the State's
content standards and State student performance standards, the
provisions of section 1111(b)(8), State and local assessments, the
requirements of this part, and how to monitor a child's progress
and work with educators to improve the performance of their
children as well as information on how parents can participate in
decisions relating to the education of their children;
``(2) shall provide materials and training, such as--
``(A) coordinating necessary literacy training from other
sources to help parents work with their children to improve
their children's achievement; and
``(B) training to help parents to work with their children
to improve their children's achievement;
``(3) shall educate teachers, pupil services personnel,
principals and other staff, with the assistance of parents, in the
value and utility of contributions of parents, and in how to reach
out to, communicate with, and work with parents as equal partners,
implement and coordinate parent programs, and build ties between
home and school;
``(4) shall coordinate and integrate parent involvement
programs and activities with Head Start, Even Start, the Home
Instruction Programs for Preschool Youngsters, the Parents as
Teachers Program, and public preschool programs and other programs,
to the extent feasible and appropriate;
``(5) shall develop appropriate roles for community-based
organizations and businesses in parent involvement activities,
including providing information about opportunities for
organizations and businesses to work with parents and schools, and
encouraging the formation of partnerships between elementary,
middle, and secondary schools and local businesses that include a
role for parents;
``(6) shall conduct other activities, as appropriate and
feasible, such as parent resource centers and providing
opportunities for parents to learn about child development and
child rearing issues beginning at the birth of a child, that are
designed to help parents become full partners in the education of
their children;
``(7) shall ensure, to the extent possible, that information
related to school and parent programs, meetings, and other
activities is sent to the homes of participating children in the
language used in such homes;
``(8) may involve parents in the development of training for
teachers, principals, and other educators to improve the
effectiveness of such training in improving instruction and
services to the children of such parents;
``(9) may provide necessary literacy training from funds
received under this part if the local educational agency has
exhausted all other reasonably available sources of funding for
such activities;
``(10) may pay reasonable and necessary expenses associated
with local parental involvement activities, including
transportation and child care costs, to enable parents to
participate in school-related meetings and training sessions;
``(11) may train and support parents to enhance the involvement
of other parents;
``(12) may arrange meetings at a variety of times, such as in
the mornings and evenings, in order to maximize the opportunities
for parents to participate in school related activities;
``(13) may arrange for teachers or other educators, who work
directly with participating children, to conduct in-home
conferences with parents who are unable to attend such conferences
at school;
``(14) may adopt and implement model approaches to improving
parental involvement, such as Even Start; and
``(15) shall provide such other reasonable support for parental
involvement activities under this section as parents may request.
``(f) Accessibility.--In carrying out the parental involvement
requirements of this part, local educational agencies and schools, to
the extent practicable, shall provide full opportunities for the
participation of parents with limited English proficiency or with
disabilities, including providing information and school profiles in a
language and form such parents understand.
``(g) Parental Information and Resource Centers.--In States where
parental information and resource centers have been established
pursuant to section 401 of the Goals 2000: Educate America Act of 1994
(to provide training, information, and support to parents and
individuals who work with parents), local educational agencies and
schools receiving assistance under this part shall assist parents and
parent organizations by informing such parents and organizations of the
existence and purpose of such centers, providing such parents and
organizations with a description of the services and programs provided
by such centers, advising parents on how to use such centers, and
helping parents to contact such centers.
``SEC. 1119. PROFESSIONAL DEVELOPMENT.
``(a) Program Requirements.--
``(1) In general.--Each local educational agency receiving
assistance under this part shall provide high-quality professional
development that will improve the teaching of the academic
subjects, consistent with the State content standards, in order to
enable all children to meet the State's student performance
standards.
``(2) Program design.--Such professional development activities
shall be designed by principals, teachers, and other school staff
in schools receiving assistance under this part.
``(b) Professional Development Activities.--
``(1) Required activities.--Such professional development
activities shall--
``(A) support instructional practices that are geared to
challenging State content standards and create a school
environment conducive to high achievement in the academic
subjects;
``(B) support local educational agency plans under section
1112 and school plans under section 1114;
``(C) draw on resources available under this part, title
III of the Goals 2000: Educate America Act, title II of this
Act, and from other sources;
``(D) where appropriate, as determined by the local
educational agency, include strategies for developing curricula
and teaching methods that integrate academic and vocational
instruction (including applied learning and team teaching
strategies); and
``(E) include strategies for identifying and eliminating
gender and racial bias in instructional materials, methods, and
practices.
``(2) Optional activities.--Such professional development
activities may include--
``(A) instruction in the use of assessments;
``(B) instruction in ways that teachers, principals, pupil
services personnel, and school administrators may work more
effectively with parents;
``(C) the forming of partnerships with institutions of
higher education to establish school-based teacher training
programs that provide prospective teachers and novice teachers
with an opportunity to work under the guidance of experienced
teachers and college faculty;
``(D) instruction in the use of technology;
``(E) the creation of career ladder programs for
paraprofessionals (assisting teachers under this part) to
obtain the education necessary for such paraprofessionals to
become licensed and certified teachers;
``(F) instruction in ways to teach special needs children;
``(G) instruction in gender-equitable education methods,
techniques, and practices;
``(H) joint professional development activities involving
programs under this part, Head Start, Even Start, or State-run
preschool program personnel; and
``(I) instruction in experiential-based teaching methods
such as service learning.
``(c) Program Participation.--Each local educational agency
receiving assistance under this part is encouraged to design
professional development programs so that--
``(1) all school staff in schools participating in a schoolwide
program under section 1114 can participate in professional
development activities; and
``(2) all school staff in targeted assistance schools may
participate in professional development activities if such
participation will result in better addressing the needs of
students served under this part.
``(d) Parental Participation.--Parents may participate in
professional development activities under this part if the school
determines that parental participation is appropriate.
``(e) Consortia.--In carrying out such professional development
programs, local educational agencies may provide services through
consortia arrangements with other local educational agencies,
educational service agencies or other local consortia, institutions of
higher education, or other public or private institutions or
organizations.
``(f) Effective Teaching Strategies.--Knowledge of effective
teaching strategies that is gained through professional development
activities under this section may be shared with teachers who are not
participating in targeted assistance programs under this part.
``(g) Combinations of Funds.--Funds provided under this part that
are used for professional development purposes may be combined with
funds provided under title II of this Act, title III of the Goals 2000:
Educate America Act, and other sources.
``(h) State Review.--
``(1) In general.--The State educational agency shall review
the local educational agency's plan under section 1112(b) to
determine if such agency's professional development activities--
``(A) are tied to challenging State student content and
student performance standards;
``(B) reflect research on teaching and learning where
possible;
``(C) are designed to have a positive impact on the
teacher's performance in the classroom;
``(D) contribute to continuous improvement in the classroom
or throughout the school;
``(E) include methods to teach children with special needs;
``(F) are developed with the extensive participation of
teachers; and
``(G) include gender-equitable education methods,
techniques, and practices.
``(2) Technical assistance.--If a local educational agency's
plan for professional development does not include the activities
described in paragraph (1), the State educational agency shall
provide technical assistance to such local educational agencies to
enable such agencies to make progress toward inclusion of such
activities in the local educational agency's professional
development activities.
``(3) Special rule.--No State educational agency shall require
a school or a local educational agency to expend a specific amount
of funds for professional development activities under this part,
except that this paragraph shall not apply with respect to
requirements under section 1116(d)(6).
``(i) Instructional Aides.--
``(1) In general.--If a local educational agency uses funds
received under this part to employ instructional aides, the local
educational agency shall ensure that such aides--
``(A) possess the knowledge and skills sufficient to assist
participating children in meeting the educational goals of this
part;
``(B) have a secondary school diploma, or its recognized
equivalent, or earn either within two years of employment,
except that a local educational agency may employ an
instructional aide that does not meet the requirement of this
subparagraph if such aide possesses proficiency in a language
other than English that is needed to enhance the participation
of children in programs under this part; and
``(C) are under the direct supervision of a teacher who has
primary responsibility for providing instructional services to
eligible children.
``(2) Inclusion in activities.--Each local educational agency
receiving funds under this part, when feasible, shall include
instructional aides in professional development activities.
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
``(a) General Requirement.--
``(1) In general.--To the extent consistent with the number of
eligible children identified under section 1115(b) in a local
educational agency who are enrolled in private elementary and
secondary schools, a local educational agency shall, after timely
and meaningful consultation with appropriate private school
officials, provide such children, on an equitable basis, special
educational services or other benefits under this part (such as
dual enrollment, educational radio and television, computer
equipment and materials, other technology, and mobile educational
services and equipment).
``(2) Secular, neutral, nonideological.--Such educational
services or other benefits, including materials and equipment,
shall be secular, neutral, and nonideological.
``(3) Equity.--Educational services and other benefits for such
private school children shall be equitable in comparison to
services and other benefits for public school children
participating under this part.
``(4) Expenditures.--Expenditures for educational services and
other benefits to eligible private school children shall be equal
to the proportion of funds allocated to participating school
attendance areas based on the number of children from low-income
families who attend private schools.
``(5) Provision of services.--The local educational agency may
provide such services directly or through contracts with public and
private agencies, organizations, and institutions.
``(b) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a local educational agency shall consult with
appropriate private school officials during the design and
development of such agency's programs under this part, on issues
such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how and where the services will be provided;
``(D) how the services will be assessed; and
``(E) the size and scope of the equitable services to be
provided to the eligible private school children, and what is
the proportion of funds allocated under subsection (a)(4) for
such services.
``(2) Timing.--Such consultation shall occur before the local
educational agency makes any decision that affects the
opportunities of eligible private school children to participate in
programs under this part.
``(3) Discussion.--Such consultation shall include a discussion
of service delivery mechanisms a local educational agency can use
to provide equitable services to eligible private school children.
``(c) Public Control of Funds.--
``(1) In general.--The control of funds provided under this
part, and title to materials, equipment, and property purchased
with such funds, shall be in a public agency, and a public agency
shall administer such funds and property.
``(2) Provision of services.--(A) The provision of services
under this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee, person,
association, agency, or organization shall be independent of such
private school and of any religious organization, and such
employment or contract shall be under the control and supervision
of such public agency.
``(d) Standards for a Bypass.--If a local educational agency is
prohibited by law from providing for the participation on an equitable
basis of eligible children enrolled in private elementary and secondary
schools or if the Secretary determines that a local educational agency
has substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary shall--
``(1) waive the requirements of this section for such local
educational agency; and
``(2) arrange for the provision of services to such children
through arrangements that shall be subject to the requirements of
this section and sections 14505 and 14506.
``(e) Capital Expenses.--
``(1) In general.--(A) From the amount appropriated for this
subsection under section 1002(e) for any fiscal year, each State is
eligible to receive an amount that bears the same ratio to the
amount so appropriated as the number of private school children who
received services under this part in the State in the most recent
year for which data satisfactory to the Secretary are available
bears to the number of such children in all States in that same
year.
``(B) The Secretary shall reallocate any amounts allocated
under subparagraph (A) that are not used by a State for the purpose
of this subsection to other States on the basis of their respective
needs, as determined by the Secretary.
``(2) Capital expenses.--(A) A local educational agency may
apply to the State educational agency for payments for capital
expenses consistent with this subsection.
``(B) State educational agencies shall distribute such funds
under this subsection to local educational agencies based on the
degree of need set forth in their respective applications for
assistance under this subsection.
``(3) Uses of funds.--Any funds appropriated to carry out this
subsection shall be used only for capital expenses incurred to
provide equitable services for private school children under this
section.
``(4) Definition.--For the purpose of this subsection, the term
`capital expenses' means--
``(A) expenditures for noninstructional goods and services,
such as the purchase, lease, or renovation of real and personal
property, including mobile educational units and leasing of
neutral sites or spaces;
``(B) insurance and maintenance costs;
``(C) transportation; and
``(D) other comparable goods and services.
``SEC. 1120A. FISCAL REQUIREMENTS.
``(a) Maintenance of Effort.--A local educational agency may
receive funds under this part for any fiscal year only if the State
educational agency finds that the local educational agency has
maintained its fiscal effort in accordance with section 14501 of this
Act.
``(b) Federal Funds To Supplement, Not Supplant, Non-Federal
Funds.--
``(1) In general.--(A) Except as provided in subparagraph (B),
a State or local educational agency shall use funds received under
this part only to supplement the amount of funds that would, in the
absence of such Federal funds, be made available from non-Federal
sources for the education of pupils participating in programs
assisted under this part, and not to supplant such funds.
``(B) For the purpose of complying with subparagraph (A), a
State or local educational agency may exclude supplemental State
and local funds expended in any eligible school attendance area or
school for programs that meet the requirements of section 1114 or
1115.
``(2) Special rule.--No local educational agency shall be
required to provide services under this part through a particular
instructional method or in a particular instructional setting in
order to demonstrate such agency's compliance with paragraph (1).
``(c) Comparability of Services.--
``(1) In general.--(A) Except as provided in paragraphs (4) and
(5), a local educational agency may receive funds under this part
only if State and local funds will be used in schools served under
this part to provide services that, taken as a whole, are at least
comparable to services in schools that are not receiving funds
under this part.
``(B) If the local educational agency is serving all of such
agency's schools under this part, such agency may receive funds
under this part only if such agency will use State and local funds
to provide services that, taken as a whole, are substantially
comparable in each school.
``(C) A local educational agency may meet the requirements of
subparagraphs (A) and (B) on a grade-span by grade-span basis or a
school-by-school basis.
``(2) Written assurance.--(A) A local educational agency shall
be considered to have met the requirements of paragraph (1) if such
agency has filed with the State educational agency a written
assurance that such agency has established and implemented--
``(i) a local educational agency-wide salary schedule;
``(ii) a policy to ensure equivalence among schools in
teachers, administrators, and other staff; and
``(iii) a policy to ensure equivalence among schools in the
provision of curriculum materials and instructional supplies.
``(B) For the purpose of subparagraph (A), in the determination
of expenditures per pupil from State and local funds, or
instructional salaries per pupil from State and local funds, staff
salary differentials for years of employment shall not be included
in such determinations.
``(C) A local educational agency need not include unpredictable
changes in student enrollment or personnel assignments that occur
after the beginning of a school year in determining comparability
of services under this subsection.
``(3) Procedures and records.--Each local educational agency
assisted under this part shall--
``(A) develop procedures for compliance with this
subsection; and
``(B) maintain records that are updated biennially
documenting such agency's compliance with this subsection.
``(4) Inapplicability.--This subsection shall not apply to a
local educational agency that does not have more than one building
for each grade span.
``(5) Compliance.--For the purpose of determining compliance
with paragraph (1), a local educational agency may exclude State
and local funds expended for--
``(A) bilingual education for children of limited English
proficiency; and
``(B) excess costs of providing services to children with
disabilities as determined by the local educational agency.
``SEC. 1120B. COORDINATION REQUIREMENTS.
``(a) In General.--Each local educational agency receiving
assistance under this part shall carry out the activities described in
subsection (b) to the extent feasible and appropriate to the
circumstances, including the extent to which such local educational
agency is able to secure the cooperation of parents and local Head
Start agencies and, if feasible, other early childhood development
programs.
``(b) Activities.--The activities referred to in subsection (a) are
activities that increase coordination between the local educational
agency and a Head Start agency, and, if feasible, other early childhood
development programs, serving children who will attend the schools of
such agency, including--
``(1) developing and implementing a systematic procedure for
receiving records regarding such children transferred with parental
consent from a Head Start program or, where applicable, other early
childhood development programs;
``(2) establishing channels of communication between school
staff and their counterparts in such Head Start agencies (including
teachers, social workers, and health staff) or other early
childhood development programs, as appropriate, to facilitate
coordination of programs;
``(3) conducting meetings involving parents, kindergarten or
elementary school teachers, and Head Start teachers or, if
appropriate, teachers from other early childhood development
programs, to discuss the developmental and other needs of
individual children; and
``(4) organizing and participating in joint transition related
training of school staff, Head Start staff, and, where appropriate,
other early childhood staff.
``(c) Coordination of Regulations.--The Secretary shall work with
the Secretary of Health and Human Services to coordinate regulations
promulgated under this part with regulations promulgated under the Head
Start Act Amendments of 1994.
``Subpart 2--Allocations
``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY OF THE
INTERIOR.
``(a) Reservation of Funds.--From the amount appropriated for
payments to States for any fiscal year under section 1002(a), the
Secretary shall reserve a total of 1 percent to provide assistance to--
``(1) the outlying areas on the basis of their respective need
for such assistance according to such criteria as the Secretary
determines will best carry out the purpose of this part; and
``(2) the Secretary of the Interior in the amount necessary to
make payments pursuant to subsection (c).
``(b) Assistance to the Outlying Areas.--
``(1) In general.--From amounts made available under subsection
(a) in each fiscal year the Secretary shall make grants to local
educational agencies in the outlying areas (other than the outlying
areas assisted under paragraph (3)).
``(2) Competitive grants.--(A) The Secretary shall reserve
$5,000,000 from the amounts made available under subsection (a) in
each fiscal year to award grants on a competitive basis, to local
educational agencies in the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau. The
Secretary shall award such grants according to the recommendations
of the Pacific Region Educational Laboratory which shall conduct a
competition for such grants.
``(B) Except as provided in subparagraph (D), grant funds
awarded under this part only may be used for programs described in
this Act, including teacher training, curriculum development,
instructional materials, or general school improvement and reform.
``(C) Grant funds awarded under this paragraph only may be used
to provide direct educational services.
``(D) The Secretary may provide 5 percent of the amount made
available for grants under this paragraph to pay the administrative
costs of the Pacific Region Educational Laboratory regarding
activities assisted under this paragraph.
``(c) Allotment to the Secretary of the Interior.--
``(1) In general.--The amount allotted for payments to the
Secretary of the Interior under subsection (a)(2) for any fiscal
year shall be, as determined pursuant to criteria established by
the Secretary, the amount necessary to meet the special educational
needs of--
``(A) Indian children on reservations served by elementary
and secondary schools for Indian children operated or supported
by the Department of the Interior; and
``(B) out-of-State Indian children in elementary and
secondary schools in local educational agencies under special
contracts with the Department of the Interior.
``(2) Payments.--From the amount allotted for payments to the
Secretary of the Interior under subsection (a)(2), the Secretary of
the Interior shall make payments to local educational agencies,
upon such terms as the Secretary determines will best carry out the
purposes of this part, with respect to out-of-State Indian children
described in paragraph (1). The amount of such payment may not
exceed, for each such child, the greater of--
``(A) 40 percent of the average per pupil expenditure in
the State in which the agency is located; or
``(B) 48 percent of such expenditure in the United States.
``SEC. 1122. ALLOCATIONS TO STATES.
``(a) In General.--
``(1) Fiscal year 1995.--For fiscal year 1995, appropriations
for this part shall be allocated according to the provisions of
sections 1005, except subsection (a)(3), and 1006, part A of
chapter 1 of title I, Elementary and Secondary Education Act of
1965, as in effect on September 30, 1994, except that the State
minimum for section 1005 shall be the lesser of 0.25 percent of
total appropriations or the average of 0.25 percent of total
appropriations and 150 percent of the national average grant per
child counted for grants under section 1005 multiplied by the
State's number of children counted for such grants, and for grants
under section 1006, the State minimum shall be the lesser of--
``(A) 0.25 percent of total appropriations; and
``(B) the average of--
``(i) 0.25 percent of total appropriations; and
``(ii) the greater of 150 percent of the national
average grant per child counted for grants under such
section 1006 multiplied by the State total number of such
children, or $340,000.
``(2) Succeeding fiscal years.--For fiscal years 1996 through
1999, an amount of the appropriations for this part equal to the
appropriation for fiscal year 1995 for section 1005, shall be
allocated in accordance with section 1124, and an amount equal to
the appropriation for fiscal year 1995 for section 1006 shall be
allocated in accordance with section 1124A. Any additional
appropriations under section 1002(a) for any fiscal year, after
application of the preceding sentence, shall be allocated in
accordance with section 1125.
``(b) Adjustments Where Necessitated by Appropriations.--
``(1) In general.--If the sums available under this part for
any fiscal year are insufficient to pay the full amounts that all
local educational agencies in States are eligible to receive under
sections 1124, 1124A, and 1125 for such year, the Secretary shall
ratably reduce the allocations to such local educational agencies,
subject to subsections (c) and (d) of this section.
``(2) Additional funds.--If additional funds become available
for making payments under sections 1124, 1124A, and 1125 for such
fiscal year, allocations that were reduced under paragraph (1)
shall be increased on the same basis as they were reduced.
``(c) Hold-Harmless Amounts.--
``(1) In general.--For fiscal year 1995, notwithstanding
subsection (b) and without regard to amounts available for
delinquent children under subpart 2 of part D, the amount made
available to each local educational agency under such section 1005
shall be at least 85 percent of the amount such local educational
agency received for the preceding year under such section 1005.
``(2) Fiscal year 1996.--Notwithstanding subsection (b) and
without regard to amounts available for delinquent children under
subpart 2 of part D, for fiscal year 1996 the total amount made
available to each local educational agency under each of sections
1124 and 1124A for any fiscal year shall be at least 100 percent of
the total amount such local educational agency was allocated under
such sections (or their predecessor authorities) for the preceding
fiscal year.
``(3) Fiscal years 1997-1999.--For fiscal years 1997 through
1999, notwithstanding subsection (b) and without regard to amounts
available for delinquent children under subpart 2 of part D, the
amount made available to each local educational agency under each
of sections 1124 and 1125 shall be at least 95 percent of the
previous year's amount if the number of children counted for grants
under section 1124 is at least 30 percent of the total number of
children aged 5 to 17 years, inclusive, in the local educational
agency, 90 percent of the previous year amount if this percentage
is between 15 percent and 30 percent, and 85 percent if this
percentage is below 15 percent. For fiscal years 1997 and 1998, in
calculating grants on the basis of population data for counties,
the Secretary shall apply the hold-homeless percentages in the
preceding sentence to counties. For fiscal years 1996 through 1998,
if the Secretary's allocation for a county is not sufficient to
meet the hold-harmless requirements of this paragraph for every
local educational agency within that county, then the State
educational agency shall reallocate funds proportionately from all
other local educational agencies in the State that are receiving
funds in excess of the hold-harmless amounts specified in this
paragraph.
``(d) Ratable Reductions.--
``(1) In general.--If the sums made available under this part
for any fiscal year are insufficient to pay the full amounts that
all States are eligible to receive under subsection (c) for such
year, the Secretary shall ratably reduce such amounts for such
year.
``(2) Additional funds.--If additional funds become available
for making payments under subsection (c) for such fiscal year,
amounts that were reduced under paragraph (1) shall be increased on
the same basis as such amounts reduced.
``(e) Definition.--For the purpose of this section and sections
1124 and 1125, the term State means each of the 50 States, the District
of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Amount of Grants.--
``(1) Grants for local educational agencies and puerto rico.--
The grant which a local educational agency in a State is eligible
to receive under this subpart for a fiscal year shall (except as
provided in section 1126), be determined by multiplying the number
of children counted under subsection (c) by 40 percent of the
amount determined under the next sentence. The amount determined
under this sentence shall be the average per pupil expenditure in
the State except that--
``(A) if the average per pupil expenditure in the State is
less than 80 percent of the average per pupil expenditure in
the United States, such amount shall be 80 percent of the
average per pupil expenditure in the United States; or
``(B) if the average per pupil expenditure in the State is
more than 120 percent of the average per pupil expenditure in
the United States, such amount shall be 120 percent of the
average per pupil expenditure in the United States.
``(2) Basis for calculating grants.--For fiscal years 1995
through 1998, grants shall be calculated by the Secretary on the
basis of the number of children counted under subsection (c) for
counties, and State educational agencies shall suballocate county
amounts to local educational agencies, in accordance with
regulations published by the Secretary. In any State in which a
large number of local educational agencies overlap county
boundaries, the State educational agency may apply to the Secretary
for authority during any particular fiscal year to make the
allocations under this part (other than section 1124A) directly to
local educational agencies without regard to the counties. If the
Secretary approves an application of a State educational agency for
a particular year under this subparagraph, the State educational
agency shall provide assurances that--
``(A) such allocations will be made using precisely the
same factors for determining a grant as are used under this
part;
``(B) such allocations will be made using alternative data
approved by the Secretary that the State determines best
reflects the distribution of children in poor families and is
adjusted to be equivalent in proportion to the number of
children determined in accordance with subsection (c); or
``(C) such allocations will be made using data that the
State educational agency submits to the Secretary for approval
that more accurately target poverty.
In addition, the State educational agency shall provide assurances
that a procedure will be established through which local
educational agencies dissatisfied with the determinations made by
the State educational agency may appeal directly to the Secretary
for a final determination. Beginning in fiscal year 1999, grants
shall be calculated by the Secretary on the basis of population
data compiled for local educational agencies, unless the Secretary
and the Secretary of Commerce determine that use of the updated
population data would be inappropriate or unreliable taking into
consideration the recommendations of the study to be conducted by
the National Academy of Sciences. If the Secretary and the
Secretary of Commerce determine that some or all of the data
referred to in this paragraph are inappropriate or unreliable, the
Secretaries shall jointly issue a report setting forth their
reasons in detail. In years when grants are calculated by the
Secretary on the basis of local educational agency data, for each
local educational agency serving an area with a total population of
at least 20,000 persons, the grant under this section shall be the
amount determined by the Secretary. For local educational agencies
serving areas with total populations of fewer than 20,000 persons,
the State educational agency may either--
``(i) distribute to such local educational agencies grants
under this section equal to the amounts determined by the
Secretary; and
``(ii) use an alternative method, approved by the
Secretary, to distribute the share of the State's total grants
under this section that is based on local educational agencies
with total populations of fewer than 20,000 persons. Such an
alternative method of distributing grants under this section
among a State's local educational agencies serving areas with
total populations of fewer than 20,000 persons shall be based
upon population data that the State educational agency
determines best reflect the current distribution of children in
poor families among the State's local educational agencies
serving areas with total populations of fewer than 20,000
persons. If a local educational agency serving an area with
total population of less than 20,000 persons is dissatisfied
with the determination of its grant by the State education
agency, then such local educational agency may appeal this
determination to the Secretary. The Secretary must respond to
this appeal within 45 days of receipt.
``(3) Puerto rico.--For each fiscal year, the Secretary shall
determine the percentage which the average per pupil expenditure in
the Commonwealth of Puerto Rico is of the lowest average per pupil
expenditure of any of the 50 States. The grant which the
Commonwealth of Puerto Rico shall be eligible to receive under this
section for a fiscal year shall be the amount arrived at by
multiplying the number of children counted under subsection (c) for
the Commonwealth of Puerto Rico by the product of--
``(A) the percentage determined under the preceding
sentence; and
``(B) 32 percent of the average per pupil expenditure in
the United States.
``(4) Definition.--For purposes of this subsection, the term
`State' does not include Guam, American Samoa, the Virgin Islands,
the Northern Mariana Islands, and Palau.
``(b) Minimum Number of Children To Qualify.--Subject to the
succeeding sentence, a local educational agency shall be eligible for a
basic grant for a fiscal year under this subpart only if the number of
children counted under subsection (c) in the school district of such
local educational agency is at least 10. Beginning in fiscal year 1996,
no local educational agency shall be eligible for a grant under this
section if the number of children counted for grants under this section
is equal to 2 percent or less of the total school age population in the
local educational agency. For fiscal years 1996 through 1998, grants
not made as a result of applying the preceding sentence shall be
reallocated by the State educational agency to other eligible local
educational agencies in the State in proportion to the distribution of
other funds under this section.
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section is the aggregate of--
``(A) the number of children aged 5 to 17, inclusive, in
the school district of the local educational agency from
families below the poverty level as determined under paragraph
(2);
``(B) the number of children aged 5 to 17, inclusive, in
the school district of such agency from families above the
poverty level as determined under paragraph (5); and
``(C) the number of children aged 5 to 17, inclusive, in
the school district of such agency in institutions for
neglected and delinquent children (other than such institutions
operated by the United States), but not counted pursuant to
subpart 1 of part D for the purposes of a grant to a State
agency, or being supported in foster homes with public funds.
``(2) Determination of number of children.--For the purposes of
this section, the Secretary shall determine the number of children
aged 5 to 17, inclusive, from families below the poverty level on
the basis of the most recent satisfactory data, described in
paragraph (3), available from the Department of Commerce. For
fiscal year 1999 and beyond, the District of Columbia and the
Commonwealth of Puerto Rico shall be treated as individual local
educational agencies. If a local educational agency contains two or
more counties in their entirety, then each county will be treated
as if such county were a separate local educational agency for
purposes of calculating grants under this part. The total of grants
for such counties shall be allocated to such a local educational
agency, which local educational agency shall distribute to schools
in each county within such agency a share of the local educational
agency's total grant that is no less than the county's share of the
population counts used to calculate the local educational agency's
grant.
``(3) Population updates.--In fiscal year 1997 and every 2
years thereafter, the Secretary shall use updated data on the
number of children, aged 5 to 17, inclusive, from families below
the poverty level for counties or local educational agencies,
published by the Department of Commerce, unless the Secretary and
the Secretary of Commerce determine that use of the updated
population data would be inappropriate or unreliable, taking into
consideration the recommendations of the study to be conducted by
the National Academy of Sciences. If the Secretary and the
Secretary of Commerce determine that some or all of the data
referred to in this paragraph are inappropriate or unreliable, they
shall jointly issue a report setting forth their reasons in detail.
In determining the families which are below the poverty level, the
Secretary shall utilize the criteria of poverty used by the Bureau
of the Census in compiling the most recent decennial census, in
such form as those criteria have been updated by increases in the
Consumer Price Index for all urban consumers, published by the
Bureau of Labor Statistics.
``(4) Study.--(A) The Secretary of Education shall, within 30
days after the date of enactment of the Improving America's
School's Act of 1994, contract with the National Academy of
Sciences (hereafter in this section referred to as the `Academy')
to study the program to produce intercensal poverty data for small
geographic areas and certain age cohorts being developed by the
Bureau of the Census.
``(B) In conducting its study, the Academy shall consider such
matters as--
``(i) the methodology used to produce and publish
intercensal poverty data, and possible alternative methods to
improve the usefulness of the data for Federal program
purposes;
``(ii) the availability of alternative indicators of
poverty for small geographic areas, against which the poverty
data produced and published by the Bureau of the Census could
be compared;
``(iii) the reliability of the poverty data produced and
published by the Bureau of the Census, particularly for less
populous geographic areas;
``(iv) the reliability of intercensal poverty data produced
and published by the Bureau of the Census, as compared over
time to similar data produced by the Bureau of the Census
during the most recent decennial census; and
``(v) the usefulness of poverty data produced and published
by the Bureau of the Census for Federal programs that allocate
funds to State and sub-State areas based, in whole or in part,
on such data.
``(C) The Academy shall submit to the Secretary and the
Secretary of Commerce, as well as to the Committee on Education and
Labor and the Committee on Post Office and Civil Service of the
House of Representatives and the Committee on Labor and Human
Resources and the Committee on Governmental Affairs of the Senate--
``(i) not later than 18 months after the date on which a
contract is entered into under subsection (a), and not later
than every 18 months thereafter, such interim reports on the
Academy's activities under this Act that the Academy deems
appropriate, including a detailed statement of the Academy's
findings and conclusions with respect to any poverty data which
the Bureau of the Census publishes and produces, within 90 days
of such publication; and
``(ii) not later than December 31, 1998, a final report
which shall include a more detailed statement of the Academy's
findings and conclusions with respect to the use of any
intercensal poverty data produced and published by the Bureau
of the Census as the basis for allocating Federal funds under
this Act.
``(D) Of the funds appropriated under section 1002(f) of this
Act, the Secretary shall use such sums as are necessary in each of
fiscal years 1995, 1996, 1997, 1998, and 1999 to carry out the
provisions of this paragraph.
``(5) Other children to be counted.--For purposes of this
section, the Secretary shall determine the number of children aged
5 to 17, inclusive, from families above the poverty level on the
basis of the number of such children from families receiving an
annual income, in excess of the current criteria of poverty, from
payments under the program of aid to families with dependent
children under a State plan approved under title IV of the Social
Security Act; and in making such determinations the Secretary shall
utilize the criteria of poverty used by the Bureau of the Census in
compiling the most recent decennial census for a family of 4 in
such form as those criteria have been updated by increases in the
Consumer Price Index for all urban consumers, published by the
Bureau of Labor Statistics. The Secretary shall determine the
number of such children and the number of children of such ages
living in institutions for neglected or delinquent children, or
being supported in foster homes with public funds, on the basis of
the caseload data for the month of October of the preceding fiscal
year (using, in the case of children described in the preceding
sentence, the criteria of poverty and the form of such criteria
required by such sentence which were determined for the calendar
year preceding such month of October) or, to the extent that such
data are not available to the Secretary before January of the
calendar year in which the Secretary's determination is made, then
on the basis of the most recent reliable data available to the
Secretary at the time of such determination. The Secretary of
Health and Human Services shall collect and transmit the
information required by this subparagraph to the Secretary not
later than January 1 of each year.
``(6) Estimate.--When requested by the Secretary, the Secretary
of Commerce shall make a special updated estimate of the number of
children of such ages who are from families below the poverty level
(as determined under subparagraph (A) of this paragraph) in each
school district, and the Secretary is authorized to pay (either in
advance or by way of reimbursement) the Secretary of Commerce the
cost of making this special estimate. The Secretary of Commerce
shall give consideration to any request of the chief executive of a
State for the collection of additional census information. For
purposes of this section, the Secretary shall consider all children
who are in correctional institutions to be living in institutions
for delinquent children.
``(d) State Minimum.--Notwithstanding subsection (b)(1) or (d) of
section 1122, the aggregate amount allotted for all local educational
agencies within a State may not be less than the lesser of--
``(1) 0.25 percent of total grants under this section; or
``(2) the average of--
``(A) one-quarter of 1 percent of the total amount
available for such fiscal year under this section; and
``(B) the number of children in such State counted under
subsection (c) in the fiscal year multiplied by 150 percent of
the national average per pupil payment made with funds
available under this section for that year.
``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility for and Amount of Grants.--
``(1) In general.--(A) Except as otherwise provided in this
paragraph, each local educational agency, in a State other than
Guam, American Samoa, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and Palau, which is eligible for a grant
under this part for any fiscal year shall be eligible for an
additional grant under this section for that fiscal year if--
``(i) the number of children counted under section 1124(c)
in the county (for fiscal years 1996 through 1998), or local
educational agency (for fiscal years beginning with 1999) for
the fiscal year exceeds 6,500; or
``(ii) the number of children counted under section 1124(c)
exceeds 15 percent of the total number of children aged 5 to
17, inclusive, in the county (for fiscal years 1996 through
1998), or local educational agency (for fiscal years beginning
with 1999) in that fiscal year.
``(B) Notwithstanding such subsections (b)(1) and (d) of
section 1122, no State described in subparagraph (A) shall receive
less than the lesser of--
``(i) 0.25 percent of total grants; or
``(ii) the average of--
``(I) one-quarter of 1 percent of the sums available to
carry out this section for such fiscal year; and
``(II) the greater of--
``(aa) $340,000; or
``(bb) the number of children in such State counted
for purposes of this section in that fiscal year
multiplied by 150 percent of the national average per
pupil payment made with funds available under this
section for that year.
``(2) Special rule.--For each county or local educational
agency eligible to receive an additional grant under this section
for any fiscal year the Secretary shall determine the product of--
``(A) the number of children counted under section 1124(c)
for that fiscal year; and
``(B) the quotient resulting from the division of the
amount determined for those agencies under section 1124(a)(1)
for the fiscal year for which the determination is being made
divided by the total number of children counted under section
1124(c) for that agency for fiscal year.
``(3) Amount.--The amount of the additional grant for which an
eligible local educational agency or county is eligible under this
section for any fiscal year shall be an amount which bears the same
ratio to the amount available to carry out this section for that
fiscal year as the product determined under paragraph (2) for such
local educational agency for that fiscal year bears to the sum of
such products for all local educational agencies in the United
States for that fiscal year.
``(4) Suballocation.--For fiscal years 1996 through 1998,
county amounts shall be suballocated to local educational agencies
meeting the criteria of paragraph (1)(A) by State educational
agencies, in accordance with regulations published by the
Secretary. For fiscal years 1995 through 1998, grants shall be
calculated by the Secretary on the basis of the number of children
counted under section 1124(c) for counties, and State educational
agencies shall suballocate county amounts to local educational
agencies, in accordance with regulations published by the
Secretary. In any State in which a large number of local
educational agencies overlap county boundaries, the State
educational agency may apply to the Secretary for authority during
any particular fiscal year to make the allocations under this part
(other than this section) directly to local educational agencies
without regard to the counties. If the Secretary approves an
application of a State educational agency for a particular year
under this paragraph, the State educational agency shall provide
assurances that--
``(A) such allocations will be made using precisely the
same factors for determining a grant as are used under this
part;
``(B) such allocations will be made using alternative data
approved by the Secretary that the State determines best
reflects the distribution of children in poor families and is
adjusted to be equivalent in proportion to the number of
children determined in accordance with section 1124(c); or
``(C) such allocations will be made using data that the
State educational agency submits to the Secretary for approval
that more accurately target poverty.
In addition, the State educational agency shall provide assurances
that a procedure will be established through which local
educational agencies dissatisfied with the determinations made by
the State educational agency may appeal directly to the Secretary
for a final determination. A State may reserve not more than 2
percent of its allocations in fiscal years 1996 through 1998 under
this section for the purpose of making grants to local educational
agencies that meet the criteria of clause (i) or (ii) of paragraph
(1)(A), but are in ineligible counties. For fiscal years beginning
with 1999, for each local educational agency serving an area with a
total population of at least 20,000 persons, the grant under this
section shall be the amount determined by the Secretary. For local
educational agencies serving areas with total populations of fewer
than 20,000 persons, the State educational agency may either (i)
distribute to such local educational agencies grants under this
section equal to the amounts determined by the Secretary; or (ii)
use an alternative method, approved by the Secretary, to distribute
the share of the State's total grants under this section that is
based on local educational agencies with total populations of fewer
than 20,000 persons. Such an alternative method of distributing
grants under this section among a State's local educational
agencies serving areas with total populations of fewer than 20,000
persons shall be based upon population data that the State
educational agency determines best reflects the current
distribution of children in poor families among the State's local
educational agencies serving areas with total populations of fewer
than 20,000 persons and meeting the eligibility criteria of
paragraph (1)(A). If a local educational agency serving an area
with total population of less than 20,000 persons is dissatisfied
with the determination of its grant by the State educational
agency, then such local educational agency may appeal this
determination to the Secretary. The Secretary shall respond to this
appeal within 45 days of receipt. The Secretary shall consult with
the Secretary of Commerce regarding whether available data on
population for local educational agencies serving areas with total
populations of fewer than 20,000 persons are sufficiently reliable
to be used to determine final grants to such areas meeting the
eligibility criteria of paragraph (1)(A).
``(b) Reservation of Funds.--Of the total amount of funds available
for this section and sections 1124 and 1125, an amount equal to the
appropriation for fiscal year 1995 for section 1006 of this Act (as
such section was in effect on the day preceding the date of enactment
of this Act) shall be available to carry out this section.
``(c) Ratable Reduction Rule.--If the sums available under
subsection (b) for any fiscal year for making payments under this
section are not sufficient to pay in full the total amounts which all
States are eligible to receive under subsection (a) for such fiscal
year, the maximum amounts which all States are eligible to receive
under subsection (a) for such fiscal year shall be ratably reduced. In
the case that additional funds become available for making such
payments for any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the same basis
as they were reduced.
``(d) States Receiving Minimum Grants.--In States that receive the
minimum grant under subsection (a)(1)(B), the State educational agency
shall allocate such funds among the local educational agencies in each
State either--
``(1) in accordance with paragraphs (2) and (4) of subsection
(a); or
``(2) based on their respective concentrations and numbers of
children counted under section 1124(c), except that only those
local educational agencies with concentrations or numbers of
children counted under section 1124(c) that exceed the statewide
average percentage of such children or the statewide average number
of such children shall receive any funds on the basis of this
paragraph.
``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility of Local Educational Agencies.--A local
educational agency in a State is eligible to receive a targeted grant
under this section for any fiscal year if the number of children in the
local educational agency counted under subsection 1124(c), before
application of the weighting factor described in subsection (c), is at
least 10, and if the number of children counted for grants under
section 1124 is at least 5 percent of the total population aged 5 to 17
years, inclusive, in the local educational agency. Funds made available
as a result of applying this subsection shall be reallocated by the
State educational agency to other eligible local educational agencies
in the State in proportion to the distribution of other funds under
this section.
``(b) Grants for Local Educational Agencies, the District of
Columbia, and Puerto Rico.--
``(1) In general.--The amount of the grant that a local
educational agency in a State or that the District of Columbia is
eligible to receive under this section for any fiscal year shall be
the product of--
``(A) the weighted child count determined under subsection
(c); and
``(B) the amount in the second sentence of subparagraph
1124(a)(1)(A).
``(2) Puerto rico.--For each fiscal year, the amount of the
grant for which the Commonwealth of Puerto Rico is eligible under
this section shall be equal to the number of children counted under
subsection (c) for Puerto Rico, multiplied by the amount determined
in subparagraph 1124(a)(3).
``(c) Weighted Child Count.--
``(1) Fiscal years 1966-1998.--
``(A) In general.--The weighted child count used to
determine a county's allocation under this section is the
larger of the two amounts determined under clause (i) or (ii),
as follows:
``(i) By percentage of children.--This amount is
determined by adding--
``(I) the number of children determined under
section 1124(c) for that county constituting up to
12.20 percent, inclusive, of the county's total
population aged 5 to 17, inclusive, multiplied by 1.0;
``(II) the number of such children constituting
more than 12.20 percent, but not more than 17.70
percent, of such population, multiplied by 1.75;
``(III) the number of such children constituting
more than 17.70 percent, but not more than 22.80
percent, of such population, multiplied by 2.5;
``(IV) the number of such children constituting
more than 22.80 percent, but not more than 29.70
percent, of such population, multiplied by 3.25; and
``(V) the number of such children constituting more
than 29.70 percent of such population, multiplied by
4.0.
``(ii) By number of children.--This amount is
determined by adding--
``(I) the number of children determined under
section 1124(c) constituting up to 1,917, inclusive, of
the county's total population aged 5 to 17, inclusive,
multiplied by 1.0;
``(II) the number of such children between 1,918
and 5,938, inclusive, in such population, multiplied by
1.5;
``(III) the number of such children between 5,939
and 20,199, inclusive, in such population, multiplied
by 2.0;
``(IV) the number of such children between 20,200
and 77,999, inclusive, in such population, multiplied
by 2.5; and
``(V) the number of such children in excess of
77,999 in such population, multiplied by 3.0.
``(B) Puerto rico.--Notwithstanding subparagraph (A), the
weighting factor for Puerto Rico under this paragraph shall not
be greater than the total number of children counted under
subsection 1124(c) multiplied by 1.72.
``(2) Fiscal years after 1999.--
``(A) In general.--For each fiscal year beginning with
fiscal year 1999 for which the Secretary uses local educational
agency data, the weighted child count used to determine a local
educational agency's grant under this section is the larger of
the two amounts determined under clauses (i) and (ii), as
follows:
``(i) By percentage of children.--This amount is
determined by adding--
``(I) the number of children determined under
section 1124(c) for that local educational agency
constituting up to 14.265 percent, inclusive, of the
agency's total population aged 5 to 17, inclusive,
multiplied by 1.0;
``(II) the number of such children constituting
more than 14.265 percent, but not more than 21.553
percent, of such population, multiplied by 1.75;
``(III) the number of such children constituting
more than 21.553 percent, but not more than 29.223
percent, of such population, multiplied by 2.5;
``(IV) the number of such children constituting
more than 29.223 percent, but not more than 36.538
percent, of such population, multiplied by 3.25; and
``(V) the number of such children constituting more
than 36.538 percent of such population, multiplied by
4.0.
``(ii) By number of children.--This amount is
determined by adding--
``(I) the number of children determined under
section 1124(c) constituting up to 575, inclusive, of
the agency's total population aged 5 to 17, inclusive,
multiplied by 1.0;
``(II) the number of such children between 576 and
1,870, inclusive, in such population, multiplied by
1.5;
``(III) the number of such children between 1,871
and 6,910, inclusive, in such population, multiplied by
2.0;
``(IV) the number of such children between 6,911
and 42,000, inclusive, in such population, multiplied
by 2.5; and
``(V) the number of such children in excess of
42,000 in such population, multiplied by 3.0.
``(B) Puerto rico.--Notwithstanding subparagraph (A), the
weighting factor for Puerto Rico under this paragraph shall not
be greater than the total number of children counted under
section 1124(c) multiplied by 1.72.
``(d) Local Educational Agency Allocations.--For fiscal years 1995
through 1998, grants shall be calculated by the Secretary on the basis
of the number of children counted under section 1124 for counties, and
State educational agencies shall suballocate county amounts to local
educational agencies, in accordance with regulations published by the
Secretary. In any State in which a large number of local educational
agencies overlap county boundaries, the State educational agency may
apply to the Secretary for authority during any particular fiscal year
to make the allocations under this part (other than section 1124A)
directly to local educational agencies without regard to the counties.
If the Secretary approves an application of a State educational agency
for a particular year under this subparagraph, the State educational
agency shall provide assurances that--
``(1) such allocations will be made using precisely the same
factors for determining a grant as are used under this part;
``(2) such allocations will be made using alternative data
approved by the Secretary that the State determines best reflects
the distribution of children in poor families and is adjusted to be
equivalent in proportion to the number of children determined in
accordance with section 1124(c); or
``(3) such allocations will be made using data that the State
educational agency submits to the Secretary for approval that more
accurately target poverty.
In addition, the State educational agency shall provide assurances that
a procedure will be established through which local educational
agencies dissatisfied with the determinations made by the State
educational agency may appeal directly to the Secretary for a final
determination. For fiscal years beginning in 1999, for each local
educational agency serving an area with a total population of at least
20,000 persons, the grant under this section shall be the amount
determined by the Secretary. For local educational agencies serving
areas with total populations of fewer than 20,000 persons, the State
educational agency may either (1) distribute to such local educational
agencies grants under this section equal to the amounts determined by
the Secretary; or (2) use an alternative method, approved by the
Secretary, to distribute the share of the State's total grants under
this section that is based on local educational agencies with total
populations of fewer than 20,000 persons. Such an alternative method of
distributing grants under this section among a State's local
educational agencies serving areas with total populations of fewer than
20,000 persons shall be based upon population data that the State
educational agency determines best reflects the current distribution of
children in poor families among the State's local educational agencies
serving areas with total populations of fewer than 20,000 persons. If a
local educational agency serving an area with total populations of less
than 20,000 persons is dissatisfied with the determination of its grant
by the State educational agency, then the local educational agency may
appeal this determination to the Secretary. The Secretary shall respond
to this appeal within 45 days of receipt.
``(e) State Minimum.--Notwithstanding any other provision of this
section or subsection (b)(1) or (d) of section 1122, from the total
amount available for any fiscal year to carry out this section, each
State shall be allotted at least the lesser of--
``(1) 0.25 percent of total appropriations; or
``(2) the average of--
``(A) one-quarter of 1 percent of the total amount
available to carry out this section; and
``(B) 150 percent of the national average grant under this
section per child described in section 1124(c), without
application of a weighting factor, multiplied by the State's
total number of children described in section 1124(c), without
application of a weighting factor.
``SEC. 1125A. EDUCATION FINANCE INCENTIVE PROGRAM.
``(a) Grants.--The Secretary is authorized to make grants to States
from the sums appropriated pursuant to subsection (e) to carry out the
purposes of this part.
``(b) Distribution Based Upon Fiscal Effort and Equity.--
``(1) In general.--Funds appropriated pursuant to subsection
(e) shall be allotted to each State based upon the number of
children aged 5 to 17, inclusive, of such State multiplied by the
product of--
``(A) such State's effort factor described in paragraph
(2); multiplied by
``(B) 1.30 minus such State's equity factor described in
paragraph (3),
except that for each fiscal year no State shall receive less than
one-quarter of 1 percent of the total amount appropriated pursuant
to subsection (e) for such fiscal year.
``(2) Effort factor.--(A) Except as provided in subparagraph
(B), the effort factor for a State shall be determined in
accordance with the succeeding sentence, except that such factor
shall not be less than .95 nor greater than 1.05. The effort factor
determined under this sentence shall be a fraction the numerator of
which is the product of the three-year average per-pupil
expenditure in the State multiplied by the three-year average per
capita income in the United States and the denominator of which is
the product of the three-year average per capita income in such
State multiplied by the three-year average per-pupil expenditure in
the United States.
``(B) The effort factor for the Commonwealth of Puerto Rico
shall be equal to the lowest effort factor calculated under
subparagraph (A) for any State.
``(3) Equity factor.--(A)(i) Except as provided in subparagraph
(B), the Secretary shall determine the equity factor under this
section for each State in accordance with clause (ii).
``(ii)(I) For each State, the Secretary shall compute a
weighted coefficient of variation for the per-pupil expenditures of
local educational agencies in accordance with subclauses (II),
(III), (IV), and (V).
``(II) In computing coefficients of variation, the Secretary
shall weigh the variation between per-pupil expenditures in each
local educational agency and the average per-pupil expenditures in
the State according to the number of pupils in the local
educational agency.
``(III) In determining the number of pupils under this
paragraph in each local educational agency and each State, the
Secretary shall multiply the number of children from low-income
families by 1.4 under this paragraph.
``(IV) In computing coefficients of variation, the Secretary
shall include only those local educational agencies with an
enrollment of more than 200 students.
``(V) The Secretary shall compute separate coefficients of
variation for elementary, secondary, and unified local educational
agencies and shall combine such coefficients into a single weighted
average coefficient for the State by multiplying each coefficient
by the total enrollments of the local educational agencies in each
group, adding such products, and dividing such sum by the total
enrollments of the local educational agencies in the State.
``(B) The equity factor for a State that meets the disparity
standard described in section 222.63 of title 34, Code of Federal
Regulations (as such section was in effect on the day preceding the
date of enactment of this Act) or a State with only one local
educational agency shall be not greater than .10.
``(C) The Secretary may revise each State's equity factor as
necessary based on the advice of independent education finance
scholars to reflect other need-based costs of local educational
agencies in addition to low-income student enrollment, such as
differing geographic costs, costs associated with students with
disabilities, children with limited-English proficiency or other
meaningful educational needs, which deserve additional support. In
addition and also with the advice of independent education finance
scholars, the Secretary may revise each State's equity factor to
incorporate other valid and accepted methods to achieve adequacy of
educational opportunity that may not be reflected in a coefficient
of variation method.
``(c) Use of Funds.--All funds awarded to each State under this
section shall be allocated to local educational agencies and schools on
a basis consistent with the distribution of other funds to such
agencies and schools under sections 1124, 1124A, and 1125 to carry out
activities under this part.
``(d) Maintenance of Effort.--
``(1) In general.--Except as provided in paragraph (2), a State
is entitled to receive its full allotment of funds under this part
for any fiscal year if the Secretary finds that either the combined
fiscal effort per student or the aggregate expenditures within the
State with respect to the provision of free public education for
the fiscal year preceding the fiscal year for which the
determination is made was not less than 90 percent of such combined
fiscal effort or aggregate expenditures for the second fiscal year
preceding the fiscal year for which the determination is made.
``(2) Reduction of funds.--The Secretary shall reduce the
amount of the of funds awarded to any State under this section in
any fiscal year in the exact proportion to which the State fails to
meet the requirements of paragraph (1) by falling below 90 percent
of both the fiscal effort per student and aggregate expenditures
(using the measure most favorable to the State), and no such lesser
amount shall be used for computing the effort required under
paragraph (1) for subsequent years.
``(3) Waivers.--The Secretary may waive, for one fiscal year
only, the requirements of this subsection if the Secretary
determines that such a waiver would be equitable due to exceptional
or uncontrollable circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial resources of
the State.
``(e) Authorization of Appropriations.--For the purpose of making
grants under this section, there are authorized to be appropriated
$200,000,000 for fiscal year 1996 and such sums as may be necessary for
each of the three succeeding fiscal years.
``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
``(a) Allocations for Neglected Children.--
``(1) In general.--If a State educational agency determines
that a local educational agency in the State is unable or unwilling
to provide for the special educational needs of children who are
living in institutions for neglected children as described in
subparagraph 1124(c)(1)(C), the State educational agency shall, if
such agency assumes responsibility for the special educational
needs of such children, receive the portion of such local
educational agency's allocation under sections 1124, 1124A, and
1125 that is attributable to such children.
``(2) Special rule.--If the State educational agency does not
assume such responsibility, any other State or local public agency
that does assume such responsibility shall receive that portion of
the local educational agency's allocation.
``(b) Allocations Among Local Educational Agencies.--The State
educational agency may allocate the amounts of grants under sections
1124, 1124A, and 1125 among the affected local educational agencies--
``(1) if two or more local educational agencies serve, in whole
or in part, the same geographical area;
``(2) if a local educational agency provides free public
education for children who reside in the school district of another
local educational agency; or
``(3) to reflect the merger, creation, or change of boundaries
of one or more local educational agencies.
``(c) Reallocation.--If a State educational agency determines that
the amount of a grant a local educational agency would receive under
sections 1124, 1124A, and 1125 is more than such local agency will use,
the State educational agency shall make the excess amount available to
other local educational agencies in the State that need additional
funds in accordance with criteria established by the State educational
agency.
``SEC. 1127. CARRYOVER AND WAIVER.
``(a) Limitation on Carryover.--Notwithstanding section 421 of the
General Education Provisions Act or any other provision of law, not
more than 15 percent of the funds allocated to a local educational
agency for any fiscal year under this subpart (but not including funds
received through any reallocation under this subpart) may remain
available for obligation by such agency for one additional fiscal year.
``(b) Waiver.--A State educational agency may, once every three
years, waive the percentage limitation in subsection (a) if--
``(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
``(2) supplemental appropriations for this subpart become
available.
``(c) Exclusion.--The percentage limitation under subsection (a)
shall not apply to any local educational agency that receives less than
$50,000 under this subpart for any fiscal year.
``PART B--EVEN START FAMILY LITERACY PROGRAMS
``SEC. 1201. STATEMENT OF PURPOSE.
``It is the purpose of this part to help break the cycle of poverty
and illiteracy by improving the educational opportunities of the
Nation's low-income families by integrating early childhood education,
adult literacy or adult basic education, and parenting education into a
unified family literacy program, to be referred to as `Even Start'. The
program shall--
``(1) be implemented through cooperative projects that build on
existing community resources to create a new range of services;
``(2) promote achievement of the National Education Goals; and
``(3) assist children and adults from low-income families to
achieve to challenging State content standards and challenging
State student performance standards.
``SEC. 1202. PROGRAM AUTHORIZED.
``(a) Reservation for Migrant Programs, Outlying Areas, and Indian
Tribes.--
``(1) In general.--For each fiscal year, the Secretary shall
reserve 5 percent of the amount appropriated under section 1002(b)
for programs, under such terms and conditions as the Secretary
shall establish, that are consistent with the purpose of this part,
and according to their relative needs, for--
``(A) children of migratory workers;
``(B) the outlying areas; and
``(C) Indian tribes and tribal organizations.
``(2) Special rule.--If the amount of funds made available
under this subsection exceeds $4,600,000, the Secretary shall award
a grant, on a competitive basis, of sufficient size and for a
period of sufficient duration to demonstrate the effectiveness of a
family literacy program in a prison that houses women and their
preschool age children and that has the capability of developing a
program of high quality.
``(b) Reservation for Federal Activities.--From amounts
appropriated under section 1002(b), the Secretary may reserve not more
than three percent of such amounts or the amount reserved to carry out
the activities described in paragraphs (1) and (2) of subsection (a)
for the fiscal year 1994, whichever is greater, for purposes of--
``(1) carrying out the evaluation required by section 1209; and
``(2) providing, through grants or contracts with eligible
organizations, technical assistance, program improvement, and
replication activities.
``(c) Reservation for Grants.--
``(1) Grants authorized.--In any fiscal year in which the
amount appropriated to carry out this part exceeds the amount
appropriated to carry out this part for the preceding fiscal year,
the Secretary may reserve such funds in excess of the amount
appropriated for such preceding fiscal years as do not exceed
$1,000,000 to award grants, on a competitive basis, to States to
enable such States to plan and implement, statewide family literacy
initiatives to coordinate and integrate existing Federal, State,
and local literacy resources consistent with the purposes of this
part. Such coordination and integration shall include funds
available under the Adult Education Act, Head Start, Even Start,
and the Family Support Act of 1988.
``(2) Matching requirement.--The Secretary shall not make a
grant to a State under paragraph (1) unless the State agrees that,
with respect to the costs to be incurred by the eligible consortium
in carrying out the activities for which the grant was awarded, the
State will make available non-Federal contributions in an amount
equal to not less than the Federal funds provided under the grant.
``(d) State Allocation.--
``(1) In general.--From amounts appropriated under section
1002(b) and not reserved under subsections (a), (b), and (c), the
Secretary shall make grants to States from allocations under
paragraph (2).
``(2) Allocations.--Except as provided in paragraph (3), from
the total amount available for allocation to States in any fiscal
year, each State shall be eligible to receive a grant under
paragraph (1) in an amount that bears the same ratio to such total
amount as the amount allocated under part A to that State bears to
the total amount allocated under that section to all the States.
``(3) Minimum.--No State shall receive a grant under paragraph
(1) in any fiscal year in an amount which is less than $250,000, or
one-half of 1 percent of the amount appropriated under section
1002(b) and not reserved under subsections (a), (b), and (c) for
such year, whichever is greater.
``(e) Definitions.--For the purpose of this part--
``(1) the term `eligible entity' means a partnership composed
of both--
``(A) a local educational agency; and
``(B) a nonprofit community-based organization, a public
agency other than a local educational agency, an institution of
higher education, or a public or private nonprofit organization
other than a local educational agency, of demonstrated quality;
``(2) the term `eligible organization' means any public or
private nonprofit organization with a record of providing effective
services to family literacy providers, such as the National Center
for Family Literacy, Parents as Teachers, Inc., the Home
Instruction Program for Preschool Youngsters, and the Home and
School Institute, Inc.;
``(3) the terms `Indian tribe' and `tribal organization' have
the meanings given such terms in section 4 of the Indian Self-
Determination and Education Assistance Act; and
``(4) the term `State' includes each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 1203. STATE PROGRAMS.
``(a) State Level Activities.--Each State that receives a grant
under section 1202(d)(1) may use not more than 5 percent of the grant
funds for the costs of--
``(1) administration; and
``(2) providing, through one or more subgrants or contracts,
technical assistance for program improvement and replication, to
eligible entities that receive subgrants under subsection (b).
``(b) Subgrants for Local Programs.--
``(1) In general.--Each State shall use the grant funds
received under section 1202(d)(1) and not reserved under subsection
(a) to award subgrants to eligible entities to carry out Even Start
programs.
``(2) Minimum.--No State shall award a subgrant under paragraph
(1) in an amount less than $75,000, except that a State may award
one subgrant in each fiscal year of sufficient size, scope, and
quality to be effective in an amount less than $75,000 if, after
awarding subgrants under paragraph (1) for such fiscal year in
amounts of $75,000 or greater, less than $75,000 is available to
the State to award such subgrants.
``SEC. 1204. USES OF FUNDS.
``(a) In General.--In carrying out an Even Start program under this
part, a recipient of funds under this part shall use such funds to pay
the Federal share of the cost of providing family-centered education
programs that involve parents and children, from birth through age
seven, in a cooperative effort to help parents become full partners in
the education of their children and to assist children in reaching
their full potential as learners.
``(b) Federal Share Limitation.--
``(1) In general.--(A) Except as provided in paragraph (2), the
Federal share under this part may not exceed--
``(i) 90 percent of the total cost of the program in the
first year that such program receives assistance under this
part or its predecessor authority;
``(ii) 80 percent in the second such year;
``(iii) 70 percent in the third such year;
``(iv) 60 percent in the fourth such year; and
``(v) 50 percent in any subsequent such year.
``(B) The remaining cost of a program assisted under this part
may be provided in cash or in kind, fairly evaluated and may be
obtained from any source, including other Federal funds under this
Act.
``(2) Waiver.--The State educational agency may waive, in whole
or in part, the cost-sharing requirement described in paragraph (1)
for an eligible entity if such entity--
``(A) demonstrates that such entity otherwise would not be
able to participate in the program assisted under this part;
and
``(B) negotiates an agreement with the State educational
agency with respect to the amount of the remaining cost to
which the waiver will be applicable.
``(3) Prohibition.--Federal funds provided under this part may
not be used for the indirect costs of a program assisted under this
part, except that the Secretary may waive this paragraph if an
eligible recipient of funds reserved under section 1202(a)(1)(C)
demonstrates to the Secretary's satisfaction that such recipient
otherwise would not be able to participate in the program assisted
under this part.
``SEC. 1205. PROGRAM ELEMENTS.
``Each program assisted under this part shall--
``(1) include the identification and recruitment of families
most in need of services provided under this part, as indicated by
a low level of income, a low level of adult literacy or English
language proficiency of the eligible parent or parents, and other
need-related indicators;
``(2) include screening and preparation of parents, including
teenage parents and children to enable such parents to participate
fully in the activities and services provided under this part,
including testing, referral to necessary counselling, other
developmental and support services, and related services;
``(3) be designed to accommodate the participants' work
schedule and other responsibilities, including the provision of
support services, when such services are unavailable from other
sources, necessary for participation in the activities assisted
under this part, such as--
``(A) scheduling and locating of services to allow joint
participation by parents and children;
``(B) child care for the period that parents are involved
in the program provided under this part; and
``(C) transportation for the purpose of enabling parents
and their children to participate in programs authorized by
this part;
``(4) include high-quality instructional programs that promote
adult literacy and empower parents to support the educational
growth of their children, developmentally appropriate early
childhood educational services, and preparation of children for
success in regular school programs;
``(5) include special training of staff, including child care
staff, to develop the skills necessary to work with parents and
young children in the full range of instructional services offered
through this part;
``(6) provide and monitor integrated instructional services to
participating parents and children through home-based programs;
``(7) operate on a year-round basis, including the provision of
some program services, instructional or enrichment, during the
summer months;
``(8) be coordinated with--
``(A) programs assisted under other parts of this title and
this Act;
``(B) any relevant programs under the Adult Education Act,
the Individuals with Disabilities Education Act, and the Job
Training Partnership Act; and
``(C) the Head Start program, volunteer literacy programs,
and other relevant programs;
``(9) ensure that the programs will serve those families most
in need of the activities and services provided by this part; and
``(10) provide for an independent evaluation of the program.
``SEC. 1206. ELIGIBLE PARTICIPANTS.
``(a) In General.--Except as provided in subsection (b), eligible
participants in an Even Start program are--
``(1) a parent or parents--
``(A) who are eligible for participation in an adult basic
education program under the Adult Education Act; or
``(B) who are within the State's compulsory school
attendance age range, so long as a local educational agency
provides (or ensures the availability of) the basic education
component required under this part; and
``(2) the child or children, from birth through age seven, of
any individual described in paragraph (1).
``(b) Eligibility for Certain Other Participants.--
``(1) In general.--Family members of eligible participants
described in subsection (a) may participate in activities and
services provided under this part, when appropriate to serve the
purpose of this part.
``(2) Special rule.--Any family participating in a program
assisted under this part that becomes ineligible for such
participation as a result of one or more members of the family
becoming ineligible for such participation may continue to
participate in the program until all members of the family become
ineligible for such participation, which--
``(A) in the case of a family in which ineligibility was
due to the child or children of such family attaining the age
of eight, shall be in two years or when the parent or parents
become ineligible due to educational advancement, whichever
occurs first; and
``(B) in the case of a family in which ineligibility was
due to the educational advancement of the parent or parents of
such family, shall be when all children in the family attain
the age of eight.
``SEC. 1207. APPLICATIONS.
``(a) Submission.--To be eligible to receive a subgrant under this
part, an eligible entity shall submit an application to the State
educational agency in such form and containing or accompanied by such
information as the State educational agency shall require.
``(b) Required Documentation.--Each application shall include
documentation, satisfactory to the State educational agency, that the
eligible entity has the qualified personnel needed--
``(1) to develop, administer, and implement an Even Start
program under this part; and
``(2) to provide access to the special training necessary to
prepare staff for the program, which may be offered by an eligible
organization.
``(c) Plan.--
``(1) In general.--Such application shall also include a plan
of operation for the program which shall include--
``(A) a description of the program goals;
``(B) a description of the activities and services that
will be provided under the program, including a description of
how the program will incorporate the program elements required
by section 1205;
``(C) a description of the population to be served and an
estimate of the number of participants to be served;
``(D) as appropriate, a description of the applicant's
collaborative efforts with institutions of higher education,
community-based organizations, the State educational agency,
private elementary schools, or other eligible organizations in
carrying out the program for which assistance is sought;
``(E) a statement of the methods that will be used--
``(i) to ensure that the programs will serve families
most in need of the activities and services provided by
this part;
``(ii) to provide services under this part to
individuals with special needs, such as individuals with
limited English proficiency and individuals with
disabilities; and
``(iii) to encourage participants to remain in the
program for a time sufficient to meet the program's
purpose; and
``(F) a description of how the plan is integrated with
other programs under this Act, the Goals 2000: Educate America
Act, or other Acts, as appropriate, consistent with section
14306.
``(2) Duration of the plan.--Each plan submitted under
paragraph (1)(A) shall--
``(A) remain in effect for the duration of the eligible
entity's participation under this part; and
``(B) be periodically reviewed and revised by the eligible
entity as necessary.
``(d) Consolidated Application.--The plan described in subsection
(c)(1)(F) may be submitted as part of a consolidated application under
section 14302.
``SEC. 1208. AWARD OF SUBGRANTS.
``(a) Selection Process.--
``(1) In general.--The State educational agency shall establish
a review panel in accordance with paragraph (3) that will approve
applications that--
``(A) are most likely to be successful in--
``(i) meeting the purpose of this part; and
``(ii) effectively implementing the program elements
required under section 1205;
``(B) demonstrate that the area to be served by such
program has a high percentage or a large number of children and
families who are in need of such services as indicated by high
levels of poverty, illiteracy, unemployment, limited-English
proficiency, or other need-related indicators, including a high
percentage of children to be served by the program who reside
in a school attendance area eligible for participation in
programs under part A;
``(C) provide services for at least a three-year age range,
which may begin at birth;
``(D) demonstrate the greatest possible cooperation and
coordination between a variety of relevant service providers in
all phases of the program;
``(E) include cost-effective budgets, given the scope of
the application;
``(F) demonstrate the applicant's ability to provide the
Federal share required by section 1204(b);
``(G) are representative of urban and rural regions of the
State; and
``(H) show the greatest promise for providing models that
may be adopted by other local educational agencies.
``(2) Priority for subgrants.--The State educational agency
shall give priority for subgrants under this subsection to
applications that--
``(A) target services primarily to families described in
paragraph (1)(B); or
``(B) are located in areas designated as empowerment zones
or enterprise communities.
``(3) Review panel.--A review panel shall consist of at least
three members, including one early childhood professional, one
adult education professional, and one or more of the following
individuals:
``(A) A representative of a parent-child education
organization.
``(B) A representative of a community-based literacy
organization.
``(C) A member of a local board of education.
``(D) A representative of business and industry with a
commitment to education.
``(E) An individual who has been involved in the
implementation of programs under this title in the State.
``(b) Duration.--
``(1) In general.--Subgrants under this part may be awarded for
a period not to exceed four years.
``(2) Startup period.--The State educational agency may provide
subgrant funds to an eligible recipient, at such recipient's
request, for a three- to six-month startup period during the first
year of the four-year grant period, which may include staff
recruitment and training, and the coordination of services, before
requiring full implementation of the program.
``(3) Continuing eligibility.--In awarding subgrant funds to
continue a program under this part for the second, third, or fourth
year, the State educational agency shall review the progress being
made toward meeting the objectives of the program after the
conclusion of the startup period, if any.
``(4) Insufficient progress.--The State educational agency may
refuse to award subgrant funds if such agency finds that sufficient
progress has not been made toward meeting such objectives, but only
after affording the applicant notice and an opportunity for a
hearing.
``(5) Grant renewal.--(A) An eligible entity that has
previously received a subgrant under this part may reapply under
this part for additional subgrants. An eligible recipient may
receive funds under this part for a period not to exceed eight
years.
``(B) The Federal share of any subgrant renewed under
subparagraph (A) shall not exceed 50 percent in any fiscal year.
``SEC. 1209. EVALUATION.
``From funds reserved under section 1202(b)(1), the Secretary shall
provide for an independent evaluation of programs assisted under this
part--
``(1) to determine the performance and effectiveness of
programs assisted under this part; and
``(2) to identify effective Even Start programs assisted under
this part that can be duplicated and used in providing technical
assistance to Federal, State, and local programs.
``SEC. 1210. CONSTRUCTION.
``Nothing in this part shall be construed to prohibit a recipient
of funds under this part from serving students participating in Even
Start simultaneously with students with similar educational needs, in
the same educational settings where appropriate.
``PART C--EDUCATION OF MIGRATORY CHILDREN
``SEC. 1301. PROGRAM PURPOSE.
``It is the purpose of this part to assist States to--
``(1) support high-quality and comprehensive educational
programs for migratory children to help reduce the educational
disruptions and other problems that result from repeated moves;
``(2) ensure that migratory children are provided with
appropriate educational services (including supportive services)
that address their special needs in a coordinated and efficient
manner;
``(3) ensure that migratory children have the opportunity to
meet the same challenging State content standards and challenging
State student performance standards that all children are expected
to meet;
``(4) design programs to help migratory children overcome
educational disruption, cultural and language barriers, social
isolation, various health-related problems, and other factors that
inhibit the ability of such children to do well in school, and to
prepare such children to make a successful transition to
postsecondary education or employment; and
``(5) ensure that migratory children benefit from State and
local systemic reforms.
``SEC. 1302. PROGRAM AUTHORIZED.
``In order to carry out the purpose of this part, the Secretary
shall make grants to State educational agencies, or combinations of
such agencies, to establish or improve, directly or through local
operating agencies, programs of education for migratory children in
accordance with this part.
``SEC. 1303. STATE ALLOCATIONS.
``(a) State Allocations.--Each State (other than the Commonwealth
of Puerto Rico) is entitled to receive under this part, for each fiscal
year, an amount equal to--
``(1) the sum of the estimated number of migratory children
aged three through 21 who reside in the State full time and the
full-time equivalent of the estimated number of migratory children
aged three through 21 who reside in the State part time, as
determined in accordance with subsection (e); multiplied by
``(2) 40 percent of the average per-pupil expenditure in the
State, except that the amount determined under this paragraph shall
not be less than 32 percent, nor more than 48 percent, of the
average expenditure per pupil in the United States.
``(b) Allocation to Puerto Rico.--For each fiscal year, the amount
for which the Commonwealth of Puerto Rico is eligible under this
section shall be equal to--
``(1) the number of migratory children in Puerto Rico,
determined under subsection (a)(1); multiplied by
``(2) the product of--
``(A) the percentage that the average per-pupil expenditure
in Puerto Rico is of the lowest average per-pupil expenditure
of any of the 50 States; and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``(c) Ratable Reductions; Reallocations.--
``(1) In general.--(A) If, after the Secretary reserves funds
under section 1308(c), the amount appropriated to carry out this
part for any fiscal year is insufficient to pay in full the amounts
for which all States are eligible, the Secretary shall ratably
reduce each such amount.
``(B) If additional funds become available for making such
payments for any fiscal year, the Secretary shall allocate such
funds to States in amounts that the Secretary determines will best
carry out the purpose of this part.
``(2) Special rule.--(A) The Secretary shall further reduce the
amount of any grant to a State under this part for any fiscal year
if the Secretary determines, based on available information on the
numbers and needs of migratory children in the State and the
program proposed by the State to address such needs, that such
amount exceeds the amount required under section 1304.
``(B) The Secretary shall reallocate such excess funds to other
States whose grants under this part would otherwise be insufficient
to provide an appropriate level of services to migratory children,
in such amounts as the Secretary determines are appropriate.
``(d) Consortium Arrangements.--
``(1) In general.--In the case of a State that receives a grant
of $1,000,000 or less under this section, the Secretary shall
consult with the State educational agency to determine whether
consortium arrangements with another State or other appropriate
entity would result in delivery of services in a more effective and
efficient manner.
``(2) Proposals.--Any State, regardless of the amount of such
State's allocation, may submit a consortium arrangement to the
Secretary for approval.
``(3) Approval.--The Secretary shall approve a consortium
arrangement under paragraph (1) or (2) if the proposal demonstrates
that the arrangement will--
``(A) reduce administrative costs or program function costs
for State programs; and
``(B) make more funds available for direct services to add
substantially to the welfare or educational attainment of
children to be served under this part.
``(e) Determining Numbers of Eligible Children.--In order to
determine the estimated number of migratory children residing in each
State for purposes of this section, the Secretary shall--
``(1) use such information as the Secretary finds most
accurately reflects the actual number of migratory children;
``(2) develop and implement a procedure for more accurately
reflecting cost factors for different types of summer and
intersession program designs;
``(3) adjust the full-time equivalent number of migratory
children who reside in each State to take into account--
``(A) the special needs of those children participating in
special programs provided under this part that operate during
the summer and intersession periods; and
``(B) the additional costs of operating such programs; and
``(4) conduct an analysis of the options for adjusting the
formula so as to better direct services to the child whose
education has been interrupted.
``SEC. 1304. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State desiring to receive a grant
under this part for any fiscal year shall submit an application to the
Secretary at such time and in such manner as the Secretary may require.
``(b) Program Information.--Each such application shall include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects assisted under this part, the
State and its local operating agencies will ensure that the special
educational needs of migratory children, including preschool
migratory children, are identified and addressed through a
comprehensive plan for needs assessment and service delivery that
meets the requirements of section 1306;
``(2) a description of the steps the State is taking to provide
all migratory students with the opportunity to meet the same
challenging State content standards and challenging State student
performance standards that all children are expected to meet;
``(3) a description of how the State will use funds received
under this part to promote interstate and intrastate coordination
of services for migratory children, including how, consistent with
procedures the Secretary may require, the State will provide for
educational continuity through the timely transfer of pertinent
school records, including information on health, when children move
from one school to another, whether or not such move occurs during
the regular school year;
``(4) a description of the State's priorities for the use of
funds received under this part, and how such priorities relate to
the State's assessment of needs for services in the State;
``(5) a description of how the State will determine the amount
of any subgrants the State will award to local operating agencies,
taking into account the requirements of paragraph (1); and
``(6) such budgetary and other information as the Secretary may
require.
``(c) Assurances.--Each such application shall also include
assurances, satisfactory to the Secretary, that--
``(1) funds received under this part will be used only--
``(A) for programs and projects, including the acquisition
of equipment, in accordance with section 1306(b)(1); and
``(B) to coordinate such programs and projects with similar
programs and projects within the State and in other States, as
well as with other Federal programs that can benefit migratory
children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of section 1114, subsections
(b) and (d) of section 1115, section 1120, and subsections (b) and
(c) of section 1120A, and part F;
``(3) in the planning and operation of programs and projects at
both the State and local operating agency level, there is
appropriate consultation with parent advisory councils for programs
of one school year in duration, and that all such programs and
projects are carried out, to the extent feasible, in a manner
consistent with section 1118;
``(4) in planning and carrying out such programs and projects,
there has been, and will be, adequate provision for addressing the
unmet education needs of preschool migratory children;
``(5) the effectiveness of such programs and projects will be
determined, where feasible, using the same approaches and standards
that will be used to assess the performance of students, schools,
and local educational agencies under part A;
``(6) to the extent feasible, such programs and projects will
provide for--
``(A) advocacy and outreach activities for migratory
children and their families, including informing such children
and families of, or helping such children and families gain
access to, other education, health, nutrition, and social
services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) family literacy programs, including such programs
that use models developed under Even Start;
``(D) the integration of information technology into
educational and related programs; and
``(E) programs to facilitate the transition of secondary
school students to postsecondary education or employment; and
``(7) the State will assist the Secretary in determining the
number of migratory children under section 1303(e), through such
procedures as the Secretary may require.
``(d) Priority for Services.--In providing services with funds
received under this part, each recipient of such funds shall give
priority to migratory children who are failing, or most at risk of
failing, to meet the State's challenging State content standards and
challenging State student performance standards, and whose education
has been interrupted during the regular school year.
``(e) Continuation of Services.--Notwithstanding any other
provision of this part--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of such
term;
``(2) a child who is no longer a migratory child may continue
to receive services for one additional school year, but only if
comparable services are not available through other programs; and
``(3) secondary school students who were eligible for services
in secondary school may continue to be served through credit
accrual programs until graduation.
``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
``(a) Secretarial Approval.--The Secretary shall approve each State
application that meets the requirements of this part.
``(b) Peer Review.--The Secretary may review any such application
with the assistance and advice of State officials and other individuals
with relevant expertise.
``SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-DELIVERY PLAN;
AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--
``(1) In general.--Each State that receives assistance under
this part shall ensure that the State and its local operating
agencies identify and address the special educational needs of
migratory children in accordance with a comprehensive State plan
that--
``(A) is integrated with other programs under this Act, the
Goals 2000: Educate America Act, or other Acts, as appropriate,
consistent with section 14306;
``(B) may be submitted as a part of consolidated
application under section 14302;
``(C) provides that migratory children will have an
opportunity to meet the same challenging State content
standards and challenging State student performance standards,
set out in such plans, that all children are expected to meet;
``(D) specifies measurable program goals and outcomes;
``(E) encompasses the full range of services that are
available for migratory children from appropriate local, State,
and Federal educational programs;
``(F) is the product of joint planning among such local,
State, and Federal programs, including programs under part A,
early childhood programs, and bilingual education programs
under part A of title VII; and
``(G) provides for the integration of services available
under this part with services provided by such other programs.
``(2) Duration of the plan.--Each such comprehensive State plan
shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(b) Authorized Activities.--
``(1) In general.--In implementing the comprehensive plan
described in subsection (a), each local operating agency shall have
the flexibility to determine the activities to be provided with
funds made available under this part, except that--
``(A) before funds under this part are used to provide
services described in subparagraph (B), such funds shall be
used to meet the identified needs of migratory children that--
``(i) result from the effects of their migratory
lifestyle, or are needed to permit migratory children to
participate effectively in school; and
``(ii) are not addressed by services provided under
other programs, including programs under part A; and
``(B) all migratory children who are eligible to receive
services under part A shall receive such services with funds
provided under this part or under part A.
``(2) Construction.--Nothing in this part shall be construed to
prohibit a local operating agency from serving migrant students
simultaneously with students with similar educational needs, in the
same educational settings where appropriate.
``(3) Special rule.--Notwithstanding section 1114, a school
that receives funds under this part shall continue to address the
identified needs described in paragraph (1)(A).
``SEC. 1307. BYPASS.
``The Secretary may use all or part of any State's allocation under
this part to make arrangements with any public or private nonprofit
agency to carry out the purpose of this part in such State if the
Secretary determines that--
``(1) the State is unable or unwilling to conduct educational
programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the welfare
or educational attainment of such children.
``SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
``(a) Improvement of Coordination.--
``(1) In general.--The Secretary, in consultation with the
States, may make grants to, or enter into contracts with, State
educational agencies, local educational agencies, institutions of
higher education, and other public and private nonprofit entities
to improve the interstate and intrastate coordination among such
agencies' educational programs, including the establishment or
improvement of programs for credit accrual and exchange, available
to migratory students.
``(2) Duration.--Grants under this subpart may be awarded for
not more than five years.
``(b) Assistance and Reporting.--
``(1) Student records.--(A) The Secretary shall solicit
information on how student records are transferred from one school
to another and shall solicit recommendations on whether new
procedures and technologies for record transfer should be employed
to better meet the needs of the migrant population.
``(B) The Secretary shall also seek recommendations on the most
effective means for determining the number of students or full-time
equivalent students in each State for the purpose of allocating
funds under this part.
``(2) Report to congress.--(A) Not later than April 30, 1995,
the Secretary shall report to the Committee on Labor and Human
Resources of the Senate and the Committee on Education and Labor of
the House of Representatives the Secretary's findings and
recommendations, and shall include in this report, recommendations
for interim measures that may be taken to ensure continuity of
services in this program.
``(B) The Secretary shall assist States in developing effective
methods for the transfer of student records and in determining the
number of students or full-time equivalent students in each State
if such interim measures are required.
``(c) Availability of Funds.--For the purpose of carrying out this
section in any fiscal year, the Secretary shall reserve not more than
$6,000,000 of the amount appropriated to carry out this part for such
year.
``(d) Incentive Grants.--
``(1) In general.--From the amounts made available to carry out
this section, the Secretary shall reserve not more than $1,500,000
to award, on a competitive basis, grants in the amount of not more
than $250,000 to State educational agencies with consortium
agreements under section 1303(d).
``(2) Limitation.--Not less than 10 of such grants shall be
awarded to States which receive allocations of less than $1,000,000
if such States have approved agreements.
``SEC. 1309. DEFINITIONS.
``As used in this part:
``(1) Local operating agency.--The term `local operating
agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this part;
``(B) a public or nonprofit private agency with which a
State educational agency or the Secretary makes an arrangement
to carry out a project under this part; or
``(C) a State educational agency, if the State educational
agency operates the State's migrant education program or
projects directly.
``(2) Migratory child.--The term `migratory child' means a
child who is, or whose parent, spouse, or guardian is, a migratory
agricultural worker, including a migratory dairy worker, or a
migratory fisher, and who, in the preceding 36 months, in order to
obtain, or accompany such parent, spouse, or guardian in order to
obtain, temporary or seasonal employment in agricultural or fishing
work--
``(A) has moved from one school district to another;
``(B) in a State that is comprised of a single school
district, has moved from one administrative area to another
within such district; or
``(C) resides in a school district of more than 15,000
square miles, and migrates a distance of 20 miles or more to a
temporary residence to engage in a fishing activity.
``PART D--PREVENTION AND INTERVENTION PROGRAMS FOR CHILDREN AND YOUTH
WHO ARE NEGLECTED, DELINQUENT, OR AT RISK OF DROPPING OUT
``SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.
``(a) Findings.--Congress finds the following:
``(1) A large percentage of youth in the juvenile justice
system have poor academic achievement, are a year or more behind
grade level, and have dropped out of school.
``(2) There is a strong correlation between academic failure
and involvement in delinquent activities.
``(3) Preventing students from dropping out of local schools
and addressing the educational needs of delinquent youth can help
reduce the dropout rate and involvement in delinquent activities at
the same time.
``(4) Many schools and correctional facilities fail to
communicate regarding a youth's academic needs and students often
return to their home school ill-prepared to meet current curriculum
requirements.
``(5) Schools are often reluctant to deal with youth returning
from facilities and receive no funds to deal with the unique
educational and other needs of such youth.
``(6) A continuing need exists for activities and programs to
reduce the incidence of youth dropping out of school.
``(7) Federal dropout prevention programs have demonstrated
effectiveness in keeping children and youth in school.
``(8) Pregnant and parenting teens are a high at-risk group for
dropping out of school and should be targeted by dropout prevention
programs.
``(9) Such youth need a strong dropout prevention program which
provides such youth with high level skills and which provides
supports to youth returning from correctional facilities in order
to keep such youth in school.
``(b) Purpose.--It is the purpose of this part--
``(1) to improve educational services to children in local and
State institutions for neglected or delinquent children and youth
so that such children and youth have the opportunity to meet the
same challenging State content standards and challenging State
student performance standards that all children in the State will
be expected to meet;
``(2) to provide such children and youth the services needed to
make a successful transition from institutionalization to further
schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school and
to provide dropouts and youth returning from institutions with a
support system to ensure their continued education.
``(c) Program Authorized.--In order to carry out the purpose of
this part the Secretary shall make grants to State educational agencies
to enable such agencies to award subgrants to State agencies and local
educational agencies to establish or improve programs of education for
neglected or delinquent children and youth at risk of dropping out of
school before graduation.
``SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
``(a) Agency Subgrants.--Based on the allocation amount computed
under section 1412, the Secretary shall allocate to each State
educational agency amounts necessary to make subgrants to State
agencies.
``(b) Local Subgrants.--Each State shall retain, for purposes of
subpart 2, funds generated throughout the State under part A based on
youth residing in local correctional facilities, or attending community
day programs for delinquent children and youth.
``(c) Use of Remaining Funds.--Each State shall use any funds
remaining after allocations are made under subsection (a).
``Subpart 1--State Agency Programs
``SEC. 1411. ELIGIBILITY.
``A State agency is eligible for assistance under this subpart if
such State agency is responsible for providing free public education
for children--
``(1) in institutions for neglected or delinquent children;
``(2) attending community day programs for neglected or
delinquent children; or
``(3) in adult correctional institutions.
``SEC. 1412. ALLOCATION OF FUNDS.
``(a) Subgrants to State Agencies.--
``(1) In general.--Each State agency described in section 1411
(other than an agency in the Commonwealth of Puerto Rico) is
eligible to receive a subgrant under this part, for each fiscal
year, an amount equal to the product of--
``(A) the number of neglected or delinquent children and
youth described in section 1411 who--
``(i) are enrolled for at least 15 hours per week in
education programs in adult correctional institutions; and
``(ii) are enrolled for at least 20 hours per week--
``(I) in education programs in institutions for
neglected or delinquent children; or
``(II) in community day programs for neglected or
delinquent children; and
``(B) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent, or more than 48
percent, of the average per-pupil expenditure in the United
States.
``(2) Special rule.--The number of neglected or delinquent
children and youth determined under paragraph (1) shall--
``(A) be determined by the State agency by a deadline set
by the Secretary, except that no State agency shall be required
to determine the number of such children on a specific date set
by the Secretary; and
``(B) be adjusted, as the Secretary determines is
appropriate, to reflect the relative length of such agency's
annual programs.
``(b) Subgrants to State Agencies in Puerto Rico.--For each fiscal
year, the amount of the subgrant for which a State agency in the
Commonwealth of Puerto Rico is eligible under this part shall be equal
to--
``(1) the number of children and youth counted under subsection
(a)(1) for the Commonwealth of Puerto Rico; multiplied by
``(2) the product of--
``(A) the percentage that the average per-pupil expenditure
in the Commonwealth of Puerto Rico is of the lowest average
per-pupil expenditure of any of the 50 States; and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``(c) Ratable Reductions in Case of Insufficient Appropriations.--
If the amount appropriated for any fiscal year for subgrants under
subsections (a) and (b) is insufficient to pay the full amount for
which all agencies are eligible under such subsections, the Secretary
shall ratably reduce each such amount.
``SEC. 1413. STATE REALLOCATION OF FUNDS.
``If a State educational agency determines that a State agency does
not need the full amount of the subgrant for which such State agency is
eligible under this part for any fiscal year, the State educational
agency may reallocate the amount that will not be needed to other
eligible State agencies that need additional funds to carry out the
purpose of this part, in such amounts as the State educational agency
shall determine.
``SEC. 1414. STATE PLAN AND STATE AGENCY APPLICATIONS.
``(a) State Plan.--
``(1) In general.--Each State educational agency that desires
to receive a grant under this part shall submit, for approval by
the Secretary, a plan for meeting the needs of neglected and
delinquent youth and, where applicable, youth at risk of dropping
out of school which is integrated with other programs under this
Act, the Goals 2000: Educate America Act, or other Acts, as
appropriate, consistent with section 14306.
``(2) Contents.--Each such State plan shall--
``(A) describe the program goals, objectives, and
performance measures established by the State that will be used
to assess the effectiveness of the program in improving
academic and vocational skills of children in the program;
``(B) provide that, to the extent feasible, such children
will have the same opportunities to learn as such children
would have if such children were in the schools of local
educational agencies in the State; and
``(C) contain assurances that the State educational agency
will--
``(i) ensure that programs assisted under this part
will be carried out in accordance with the State plan
described in this subsection;
``(ii) carry out the evaluation requirements of section
1416;
``(iii) ensure that the State agencies receiving
subgrants under this subpart comply with all applicable
statutory and regulatory requirements; and
``(iv) provide such other information as the Secretary
may reasonably require.
``(3) Duration of the plan.--Each such State plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(b) Secretarial Approval; Peer Review.--
``(1) In general.--The Secretary shall approve each State plan
that meets the requirements of this part.
``(2) Peer review.--The Secretary may review any State plan
with the assistance and advice of individuals with relevant
expertise.
``(c) State Agency Applications.--Any State agency that desires to
receive funds to carry out a program under this part shall submit an
application to the State educational agency that--
``(1) describes the procedures to be used, consistent with the
State plan under section 1111, to assess the educational needs of
the children to be served;
``(2) provides assurances that in making services available to
youth in adult correctional facilities, priority will be given to
such youth who are likely to complete incarceration within a 2-year
period;
``(3) describes the program, including a budget for the first
year of the program, with annual updates to be provided to the
State educational agency;
``(4) describes how the program will meet the goals and
objectives of the State plan under this subpart;
``(5) describes how the State agency will consult with experts
and provide the necessary training for appropriate staff, to ensure
that the planning and operation of institution-wide projects under
section 1416 are of high quality;
``(6) describes how the agency will carry out the evaluation
requirements of section 14701 and how the results of the most
recent evaluation are used to plan and improve the program;
``(7) includes data showing that the agency has maintained
fiscal effort required of a local educational agency, in accordance
with section 14501 of this title;
``(8) describes how the programs will be coordinated with other
appropriate State and Federal programs, such as programs under the
Job Training Partnership Act, vocational education programs, State
and local dropout prevention programs, and special education
programs;
``(9) describes how appropriate professional development will
be provided to teachers and other staff;
``(10) designates an individual in each affected institution to
be responsible for issues relating to the transition of children
and youth from the institution to locally operated programs;
``(11) describes how the agency will, endeavor to coordinate
with businesses for training and mentoring for participating youth;
``(12) provides assurances that the agency will assist in
locating alternative programs through which students can continue
their education if students are not returning to school after
leaving the correctional facility;
``(13) provides assurances that the agency will work with
parents to secure parents' assistance in improving the educational
achievement of their children and preventing their children's
further involvement in delinquent activities;
``(14) provides assurances that the agency works with special
education youth in order to meet an existing individualized
education program and an assurance that the agency will notify the
youth's local school if such youth--
``(A) is identified as in need of special education
services while the youth is in the facility; and
``(B) intends to return to the local school;
``(15) provides assurances that the agency will work with youth
who dropped out of school before entering the facility to encourage
the youth to reenter school once the term of the youth has been
completed or provide the youth with the skills necessary to gain
employment, continue the education of the youth, or achieve a
secondary school diploma or the recognized equivalent if the youth
does not intend to return to school;
``(16) provides assurances that teachers and other qualified
staff are also trained to work with children with disabilities and
other students with special needs taking into consideration the
unique needs of such students;
``(17) describes any additional services provided to youth,
such as career counseling, and assistance in securing student loans
and grants; and
``(18) provides assurances that the program under this subpart
will be coordinated with any programs operated under the Juvenile
Justice and Delinquency Prevention Act of 1974 or other comparable
programs, if applicable.
``SEC. 1415. USE OF FUNDS.
``(a) In General.--
``(1) Uses.--A State agency shall use funds received under this
subpart only for programs and projects that--
``(A) are consistent with the State plan under section
1414(a); and
``(B) concentrate on providing participants with the
knowledge and skills needed to make a successful transition to
secondary school completion, further education, or employment.
``(2) Programs and projects.--Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational services
that--
``(i) except for institution-wide projects under
section 1416, are provided to children identified by the
State agency as failing, or most at risk of failing, to
meet the State's challenging State content standards and
challenging State student performance standards;
``(ii) supplement and improve the quality of the
educational services provided to such children by the State
agency; and
``(iii) afford such children an opportunity to learn to
such challenging State standards;
``(C) shall be carried out in a manner consistent with
section 1120A and part F of this title; and
``(D) may include the costs of meeting the evaluation
requirements of section 14701.
``(b) Supplement, Not Supplant.--A program under this subpart that
supplements the number of hours of instruction students receive from
State and local sources shall be considered to comply with the
supplement, not supplant requirement of section 1120A without regard to
the subject areas in which instruction is given during those hours.
``SEC. 1416. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for children
and youth in an institution for neglected or delinquent children (other
than an adult correctional institution) or attending a community-day
program for such children may use funds received under this part to
serve all children in, and upgrade the entire educational effort of,
that institution or program if the State agency has developed, and the
State educational agency has approved, a comprehensive plan for that
institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all youth in the institution or program
serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult facilities
who are expected to complete incarceration within a two-year
period;
``(3) describes the steps the State agency has taken, or will
take, to provide all children under age 21 with the opportunity to
meet challenging State content standards and challenging State
student performance standards in order to improve the likelihood
that the students will complete secondary school, attain secondary
diploma or its recognized equivalent, or find employment after
leaving the institution;
``(4) describes the instructional program, pupil services, and
procedures that will be used to meet the needs described in
paragraph (1), including, to the extent feasible, the provision of
mentors for students;
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be used
to assess student progress;
``(7) describes how the agency has planned, and will implement
and evaluate, the institution-wide or program-wide project in
consultation with personnel providing direct instructional services
and support services in institutions or community-day programs for
neglected or delinquent children and personnel from the State
educational agency; and
``(8) includes an assurance that the State agency has provided
for appropriate training for teachers and other instructional and
administrative personnel to enable such teachers and personnel to
carry out the project effectively.
``SEC. 1417. THREE-YEAR PROGRAMS OR PROJECTS.
``If a State agency operates a program or project under this
subpart in which individual children are likely to participate for more
than one year, the State educational agency may approve the State
agency's application for a subgrant under this part for a period of not
more than three years.
``SEC. 1418. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve not
more than 10 percent of the amount such agency receives under this
subpart for any fiscal year to support projects that facilitate the
transition of children from State-operated institutions to local
educational agencies.
``(b) Conduct of Projects.--A project supported under this section
may be conducted directly by the State agency, or through a contract or
other arrangement with one or more local educational agencies, other
public agencies, or private nonprofit organizations.
``(c) Limitation.--Any funds reserved under subsection (a) shall be
used only to provide transitional educational services, which may
include pupil services and mentoring, to neglected and delinquent
children in schools other than State-operated institutions.
``(d) Construction.--Nothing in this section shall be construed to
prohibit a school that receives funds under subsection (a) from serving
neglected and delinquent children simultaneously with students with
similar educational needs, in the same educational settings where
appropriate.
``Subpart 2--Local Agency Programs
``SEC. 1421. PURPOSE.
``The purpose of this subpart is to support the operation of local
educational agency programs which involve collaboration with locally
operated correctional facilities to--
``(1) carry out high quality education programs to prepare
youth for secondary school completion, training, and employment, or
further education;
``(2) provide activities to facilitate the transition of such
youth from the correctional program to further education or
employment; and
``(3) operate dropout prevention programs in local schools for
youth at risk of dropping out of school and youth returning from
correctional facilities.
``SEC. 1422. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds retained made available under
section 1402(b), the State educational agency shall award subgrants to
local educational agencies with high numbers or percentages of youth
residing in locally operated (including county operated) correctional
facilities for youth (including facilities involved in day programs).
``(b) Special Rule.--A local educational agency which includes a
correctional facility that operates a school is not required to operate
a dropout prevention program if more than 30 percent of the youth
attending such facility will reside outside the boundaries of the local
educational agency upon leaving such facility.
``(c) Notification.--A State educational agency shall notify local
educational agencies within the State of the eligibility of such
agencies to receive a subgrant under this subpart.
``SEC. 1423. LOCAL EDUCATIONAL AGENCY APPLICATIONS.
``Eligible local educational agencies desiring assistance under
this section shall submit an application to the State educational
agency, containing such information as the State educational agency may
require. Each such application shall include--
``(1) a description of the program to be assisted;
``(2) a description of formal agreements between--
``(A) the local educational agency; and
``(B) correctional facilities and alternative school
programs serving youth involved with the juvenile justice
system to operate programs for delinquent youth;
``(3) as appropriate, a description of how participating
schools will coordinate with facilities working with delinquent
youth to ensure that such youth are participating in an education
program comparable to one operating in the local school such youth
would attend;
``(4) as appropriate, a description of the dropout prevention
program operated by participating schools and the types of services
such schools will provide to at-risk youth in participating schools
and youth returning from correctional facilities;
``(5) as appropriate, a description of the youth expected to be
served by the dropout prevention program and how the school will be
coordinating existing educational programs to meet unique education
needs;
``(6) as appropriate, a description of how schools will
coordinate with existing social and health services to meet the
needs of students at risk of dropping out of school and other
participating students, including prenatal health care and
nutrition services related to the health of the parent and child,
parenting and child development classes, child care, targeted re-
entry and outreach programs, referrals to community resources, and
scheduling flexibility;
``(7) as appropriate, a description of any partnerships with
local businesses to develop training and mentoring services for
participating students;
``(8) as appropriate, a description of how the program will
involve parents in efforts to improve the educational achievement
of their children, assist in dropout prevention activities, and
prevent the involvement of their children in delinquent activities;
``(9) a description of how the program under this subpart will
be coordinated with other Federal, State, and local programs, such
as programs under the Job Training and Partnership Act and
vocational education programs serving this at-risk population of
youth;
``(10) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable;
``(11) as appropriate, a description of how schools will work
with probation officers to assist in meeting the needs of youth
returning from correctional facilities;
``(12) a description of efforts participating schools will make
to ensure correctional facilities working with youth are aware of a
child's existing individualized education program; and
``(13) as appropriate, a description of the steps participating
schools will take to find alternative placements for youth
interested in continuing their education but unable to participate
in a regular public school program.
``SEC. 1424. USES OF FUNDS.
``Funds provided to local educational agencies under this subpart
may be used, where appropriate, for--
``(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parenting teens, youth who
have come in contact with the juvenile justice system, youth at
least one year behind their expected grade level, migrant youth,
immigrant youth, students with limited-English proficiency and gang
members;
``(2) the coordination of health and social services for such
individuals if there is a likelihood that the provision of such
services, including day care and drug and alcohol counseling, will
improve the likelihood such individuals will complete their
education; and
``(3) programs to meet the unique education needs of youth at
risk of dropping out of school, which may include vocational
education, special education, career counseling, and assistance in
securing student loans or grants.
``SEC. 1425. PROGRAM REQUIREMENTS FOR CORRECTIONAL FACILITIES RECEIVING
FUNDS UNDER THIS SECTION.
``Each correctional facility entering into an agreement with a
local educational agency under section 1422(a) to provide services to
youth under this section shall--
``(1) where feasible, ensure educational programs in juvenile
facilities are coordinated with the student's home school,
particularly with respect to special education students with an
individualized education program;
``(2) notify the local school of a youth if the youth is
identified as in need of special education services while in the
facility;
``(3) where feasible, provide transition assistance to help the
youth stay in school, including coordination of services for the
family, counseling, assistance in accessing drug and alcohol abuse
prevention programs, tutoring, and family counseling;
``(4) provide support programs which encourage youth who have
dropped out to reenter school once their term has been completed or
provide such youth with the skills necessary for such youth to gain
employment or seek a secondary school diploma or its recognized
equivalent;
``(5) work to ensure such facilities are staffed with teachers
and other qualified staff who are trained to work with children
with disabilities and other students with special needs taking into
consideration the unique needs of such children and students;
``(6) ensure educational programs in correctional facilities
are related to assisting students meet high educational standards;
``(7) use, to the extent possible, technology to assist in
coordinating educational programs between the juvenile facility and
the community school;
``(8) where feasible, involve parents in efforts to improve the
educational achievement of their children and prevent the further
involvement of such children in delinquent activities;
``(9) coordinate funds received under this program with other
local, State, and Federal funds available to provide services to
participating youth, such as funds under the Job Training
Partnership Act, and vocational education funds;
``(10) coordinate programs operated under this subpart with
activities funded under the Juvenile Justice and Delinquency
Prevention Act of 1974 and other comparable programs, if
applicable; and
``(11) if appropriate, work with local businesses to develop
training and mentoring programs for participating youth.
``SEC. 1426. ACCOUNTABILITY.
``The State educational agency may--
``(1) reduce or terminate funding for projects under this
section if a local educational agency does not show progress in
reducing dropout rates for male students and for female students
over a 3-year period; and
``(2) require juvenile facilities to demonstrate, after
receiving assistance under this subpart for 3 years, that there has
been an increase in the number of youth returning to school,
obtaining a secondary school diploma or its recognized equivalent,
or obtaining employment after such youth are released.
``Subpart 3--General Provisions
``SEC. 1431. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local educational
agency that conducts a program under subpart 1 or 2 shall evaluate the
program, disaggregating data on participation by sex, and if feasible,
by race, ethnicity, and age, not less than once every three years to
determine the program's impact on the ability of participants to--
``(1) maintain and improve educational achievement;
``(2) accrue school credits that meet State requirements for
grade promotion and secondary school graduation;
``(3) make the transition to a regular program or other
education program operated by a local educational agency; and
``(4) complete secondary school (or secondary school
equivalency requirements) and obtain employment after leaving the
institution.
``(b) Evaluation Measures.--In conducting each evaluation under
subsection (a), a State agency or local educational agency shall use
multiple and appropriate measures of student progress.
``(c) Evaluation Results.--Each State agency and local educational
agency shall--
``(1) submit evaluation results to the State educational
agency; and
``(2) use the results of evaluations under this section to plan
and improve subsequent programs for participating children and
youth.
``SEC. 1432. DEFINITIONS.
``For the purpose of this part:
``(1) The term `adult correctional institution' means a
facility in which persons are confined as a result of a conviction
for a criminal offense, including persons under 21 years of age.
``(2) The term `at-risk youth' means school aged youth who are
at risk of academic failure, have drug or alcohol problems, are
pregnant or are parents, have come into contact with the juvenile
justice system in the past, are at least one year behind the
expected grade level for the age of the youth, have limited-English
proficiency, are gang members, have dropped out of school in the
past, or have high absenteeism rates at school.
``(3) The term `community day program' means a regular program
of instruction provided by a State agency at a community day school
operated specifically for neglected or delinquent children.
``(4) The term `institution for delinquent children and youth'
means a public or private residential facility for the care of
children who have been adjudicated to be delinquent or in need of
supervision.
``(5) The term `institution for neglected children' means a
public or private residential facility, other than a foster home,
that is operated for the care of children who have been committed
to the institution or voluntarily placed in the institution under
applicable State law, due to abandonment, neglect, or death of
their parents or guardians.
``PART E--FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION PROJECTS
``SEC. 1501. EVALUATIONS.
``(a) National Assessment.--
``(1) In general.--The Secretary shall conduct a national
assessment of programs assisted under this title, in coordination
with the ongoing National Evaluation under subsection (b) that
shall be planned, reviewed, and conducted in consultation with an
independent panel of researchers, State practitioners, local
practitioners, and other appropriate individuals.
``(2) Examination.--The assessment shall examine how well
schools, local educational agencies, and States are--
``(A) progressing toward the goal of all children served
under this title reaching the State's challenging State content
standards and challenging State student performance standards;
and
``(B) accomplishing the purpose set forth in section
1001(d) to achieve the goal described in paragraph (1),
including--
``(i) ensuring challenging State content standards and
challenging State student performance standards for all
children served under this title and aligning the efforts
of States, local educational agencies, and schools to help
such children reach such standards;
``(ii) providing children served under this title an
enriched and accelerated educational program through
schoolwide programs or through additional services that
increase the amount and quality of instructional time that
such children receive;
``(iii) promoting schoolwide reform and access for all
children served under this title to effective instructional
strategies and challenging academic content;
``(iv) significantly upgrading the quality of the
curriculum and instruction by providing staff in
participating schools with substantial opportunities for
professional development;
``(v) using and evaluating the usefulness of
opportunity-to-learn standards or strategies in improving
learning in schools receiving assistance under this part;
``(vi) coordinating services provided under all parts
of this title with each other, with other educational and
pupil services, including preschool services, and, to the
extent feasible, with health and social service programs
funded from other sources;
``(vii) affording parents of children served under this
title meaningful opportunities to participate in the
education of their children at home and at school, such as
the provision of family literacy services;
``(viii) distributing resources to areas where needs
are greatest;
``(ix) improving accountability, as well as teaching
and learning, by making assessments under this title
congruent with State assessment systems; and
``(x) providing greater decisionmaking authority and
flexibility to schools in exchange for greater
responsibility for student performance.
``(3) NAEP information.--Where feasible, the Secretary shall
use information gathered from a variety of sources, including the
National Assessment of Educational Progress, State evaluations, and
available research studies, in carrying out this subsection.
``(4) Interim and final reports.--The Secretary shall submit to
the President and the appropriate committees of the Congress an
interim report by January 1, 1996, summarizing the preliminary
findings of the assessment and a final report of the findings of
the assessment by January 1, 1998.
``(b) Studies and Data Collection.--
``(1) In general.--The Secretary may collect such data, as
necessary, at the State, local, and school levels and conduct
studies and evaluations, including national studies and
evaluations, to assess on an ongoing basis the effectiveness of
programs under this title and to report on such effectiveness on a
periodic basis. The Secretary shall report not later than December
31, 1997 to the Committee on Education and Labor of the House of
Representatives and the Committee on Labor and Human Resources of
the Senate on how schoolwide programs are meeting the needs of
children from migratory families.
``(2) Minimum information.--At a minimum, the Secretary shall
collect trend information on the effect of programs under this
title. Such data shall complement the data collected and reported
under subsections (a) and (c).
``(c) National Evaluation of Part A of Title I.--
``(1) In general.--The Secretary shall carry out an ongoing
evaluation of the program assisted under part A of title I in order
to provide the public, the Congress, and educators involved in such
program, an accurate description of the short- and long-term
effectiveness of such program and to provide information that can
be used to improve such program's effectiveness in enabling
students to meet challenging State content standards and
challenging State student performance standards, graduate from
secondary school, and make successful transitions to postsecondary
education and work. Such evaluation shall--
``(A) have a longitudinal design that tracks cohorts of
students within schools of differing poverty concentrations for
at least three years which, when the cohorts are taken as a
whole, provides a picture of such program's effectiveness over
the elementary and secondary grades;
``(B) be separate and independent from State and local
assessments and evaluations as required under this title;
``(C) utilize the highest available content standards that
are generally accepted as national in scope;
``(D) provide information on all students, students served
under part A, and, if funds are sufficient, information on
students from low-income families, limited-English-proficient
students, and students with disabilities; and
``(E) when feasible, collect, cross-tabulate, and report
data by sex within race or ethnicity and socioeconomic status.
``(2) Use.--The Secretary shall use the results of the
evaluation described in paragraph (1) as part of the national
assessment required by subsection (a) and shall report the data
from such evaluation to the Congress and the public at least as
frequently as reports are made under subsection (a)(4).
``(d) Developmentally Appropriate Measures.--In conducting the
national assessment under subsection (a) and the national ongoing
evaluation under subsection (c), the Secretary shall use
developmentally appropriate measures to assess student performance and
progress.
``(e) Parental Involvement, Study, Report and Dissemination.--
``(1) In general.--The Secretary, through the Office of
Education Research and Improvement, shall conduct a study to
identify and describe--
``(A) common barriers to effective parental involvement in
the education of participating children; and
``(B) successful local policies and programs which improve
parental involvement and the performance of participating
children.
``(2) Duties of secretary.--The Secretary shall--
``(A) complete such study by December 31, 1996;
``(B) report the findings of such study to the Committee on
Education and Labor of the House of Representatives and to the
Committee on Labor and Human Resources of the Senate; and
``(C) disseminate the findings, relating to the successful
local policies and programs which improve parental involvement
and the performance of participating children, to local
educational agencies.
``SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
``(a) Demonstration Programs To Improve Achievement.--
``(1) In general.--From the funds appropriated for any fiscal
year under section 1002(g)(2), the Secretary may make grants to
State educational agencies, local educational agencies, other
public agencies, nonprofit organizations, public or private
partnerships involving business and industry organizations, and
consortia of such entities to carry out demonstration projects that
show the most promise of enabling children served under this title
to meet challenging State content standards and challenging State
student performance standards. Such projects shall include
promising strategies such as--
``(A) accelerated curricula, the application of new
technologies to improve teaching and learning, extended
learning time, and a safe and enriched full-day environment for
children to provide children the opportunity to reach such
standards;
``(B) integration of education services with each other and
with health, family, and other social services such as
mentoring programs, particularly in empowerment zones and
enterprise communities;
``(C) effective approaches to whole school reform;
``(D) programs that have been especially effective with
limited-English-proficient children, migratory children and
other highly mobile students, children leaving institutions for
neglected or delinquent children and returning to school, and
homeless children and youth;
``(E) programs which are especially effective in
recruiting, inducting, and retaining highly qualified teachers
for service in schools with low student achievement; and
``(F) programs that are built upon partnerships developed
between elementary and middle schools, employers, and the
community, which emphasize the integration of high quality
academic and vocational learning, stress excellence and high
expectations for success in academic subjects, instill
responsibility, decisionmaking, problem solving, interpersonal
skills, and other compentencies in students, and make school
relevant to the workplace and the community, through applied
and interactive teaching methodologies, team teaching
strategies, learning opportunities connecting school, the
workplace, and the community, and career exploration,
awareness, and career guidance opportunities.
``(2) Evaluation.--The Secretary shall evaluate the
demonstration projects supported under this title, using rigorous
methodological designs and techniques, including control groups and
random assignment, to the extent feasible, to produce reliable
evidence of effectiveness.
``(b) Partnerships.--From funds appropriated under section
1002(g)(2) for any fiscal year, the Secretary may, directly or through
grants or contracts, work in partnership with State educational
agencies, local educational agencies, other public agencies, and
nonprofit organizations to disseminate and use the highest quality
research and knowledge about effective practices to improve the quality
of teaching and learning in schools assisted under this title.
``SEC. 1503. INNOVATIVE ELEMENTARY SCHOOL TRANSITION PROJECTS.
``(a) In General.--From the amount appropriated under section
1002(g)(2), the Secretary shall provide not less than $10,000,000, but
not more than $40,000,000 to support innovative transition projects in
elementary schools authorized under this section.
``(b) Grants.--
``(1) Local programs.--The Secretary shall award grants to
local educational agencies (including such agencies that operate
Follow Through programs, Even Start, and other comparable programs)
that have formed consortia with early childhood programs (including
Head Start, where available) for the purpose of supporting
projects, for children from low-income families who previously
attended a Head Start program, Even Start program, or similar
preschool program, which provide education and other services in
early elementary grades.
``(2) Purposes of projects.--The purposes of projects assisted
under this section are to--
``(A) assist eligible children and their families in making
a successful transition from preschool through the early
elementary grades;
``(B) enable eligible children to achieve challenging
academic standards through a model, developmentally
appropriate, instructional program; and
``(C) support the active involvement of parents in the
education of their children.
``(3) Components.--A program assisted under this subsection--
``(A) shall provide transition to elementary school
activities, such as--
``(i) development of a transition plan for each child
which provides for instruction, support, and assistance
through the third grade;
``(ii) transfer of each child's preschool records to
the elementary school (with parental consent);
``(iii) formal meetings between a child's parent,
preschool teacher, and kindergarten or first grade teacher;
and
``(iv) kindergarten visits and other orientation
activities for preschool children prior to enrollment in
elementary school;
``(B) shall use an instructional approach which--
``(i) has been shown to be effective in providing
transition services; or
``(ii) shows promise of providing effective transition
services;
``(C) shall provide for the direct participation of the
parents of such children in the development, operation, and
evaluation of such program;
``(D) shall provide directly or through referral
comprehensive educational, health, nutritional, social, and
other services that aid in the continued development of
eligible children to their full potential;
``(E) shall ensure that each supportive services team
developed pursuant to subsection (c)(8) includes a sufficient
number of family service coordinators to adequately meet the
needs of eligible children and their families; and
``(F) may provide for the use of mentors who are secondary
school students to assist elementary and secondary students who
were formerly enrolled in Head Start or Even Start programs.
``(c) Applications.--An application for a grant under subsection
(b) shall--
``(1) describe the goals which the applicant plans to achieve;
``(2) describe the instructional approach the applicant will
use, and the manner in which the applicant will implement such
approach;
``(3) describe the transition to elementary school activities
for which assistance is sought;
``(4) describe the members of the consortium required by
subsection (b)(1);
``(5) shall include evidence that the consortium members each
have performed assessments of their programs to ensure that such
members have the capacity to address the health, immunization,
mental health, nutrition, parenting education, literacy, social
service (including substance abuse, education, and prevention), and
educational needs of low-income students and their families whom
the consortium members plan to serve;
``(6) describe how the project will be coordinated with title
I, title VII, and other programs under this Act;
``(7) provide evidence that the proposed transition activities,
instruction, and other services to be provided by the applicant
have been specifically designed to build upon, and coordinate with,
the services provided to eligible children and their parents by
local Head Start, Even Start, and other similar preschool programs;
``(8) include--
``(A) a plan for the development of a support services
team, including a family service coordinator, to--
``(i) assist families, administrators, and teachers to
respond to health, immunization, mental health, nutrition,
social service, and educational needs of eligible students;
``(ii) conduct home visits and help students and their
families to obtain health, immunization, mental health,
nutrition, parenting education, literacy, education
(including tutoring and remedial services), and social
services (including substance abuse treatment, education,
and prevention), for which students and their families are
eligible;
``(iii) coordinate a family outreach and support
program, including a plan for involving parents in the
management of the program under subsection (b), in
cooperation with parental involvement efforts undertaken
pursuant to this part, the Head Start Act, and the
Individuals with Disabilities Education Act, including
school-parent compacts, parent volunteer activities, parent
education services and training such as the services and
training provided through the Even Start program, and
regular meetings; and
``(iv) assist families, administrators, and teachers in
enhancing developmental continuity between the programs
assisted under the Head Start Act, other early childhood
development programs, and elementary school classes; or
``(B) a description of the comprehensive, coordinated
services currently provided to children eligible for services
under this section;
``(9) designate a member of the support services team described
in paragraph (8) who will serve as the supervisor of such support
services team;
``(10) contain assurances that State agencies, local agencies,
and community-based organizations that provide support services to
low-income students served by the local educational agency
consortium have been consulted in the preparation of the plan
described in paragraph (8);
``(11) contain assurances that State agencies, local agencies,
and community-based organizations served by the local educational
agency consortium will designate an individual who will act as a
liaison to the support services team described in paragraph (8);
``(12) describe the target population to be served by the
support services team described in paragraph (8), including
families previously served under part C of the Head Start Act, or
other comparable early childhood development program;
``(13) describe the support services to be provided, directly
or through referral;
``(14) describe the Federal and non-Federal resources that will
be used to carry out the program;
``(15) contain assurances that the support services described
in paragraph (8) will be equipped to assist children and families
with limited-English proficiency or with disabilities;
``(16) include a plan describing how the program assisted under
this section will be sustained, with funding received under part A
or other Federal and non-Federal funding sources, after the grant
has expired; and
``(17) contain such other information as the Secretary may
reasonably require.
``(d) National Activities.--
``(1) In general.--Of the amount provided under subsection (a)
to carry out this section, the Secretary shall use not less than
$3,000,000 but not more than $5,000,000 to carry out national
activities to evaluate and improve the use of innovative transition
programs.
``(2) Technical assistance and training.-- Of the amount
reserved under paragraph (1), the Secretary shall use not less than
$3,000,000 to award grants to public and private nonprofit
agencies, institutions, and organizations to provide to consortia
which receive grants under subsection (b)(1) and, to the extent
feasible, to schools that are designated schoolwide programs under
section 1114--
``(A) technical assistance in the implementation and
expanded use of model transition and instructional approaches,
including the use of appropriate pedagogy, efforts to increase
parental involvement and providing access to coordinated
services; and
``(B) training in conjunction with the implementation and
operation of such model approaches.
``(3) Coordination and dissemination.--The Secretary, in
cooperation with the Secretary of Health and Human Services, may
promote coordination of activities assisted under this section with
the projects funded under the Head Start Transition Projects Act,
including a process to--
``(A) collect information on program activities and
results; and
``(B) disseminate information on successful transition
programs.
``(4) Evaluation.--(A) The Secretary, in cooperation with the
Secretary of Health and Human Services, is authorized to award
grants, or enter into contracts or cooperative agreements, to
provide for the evaluation of the programs assisted under this
section.
``(B) To the extent practicable, such evaluations shall be
conducted jointly with evaluations of Head Start Transition
Projects.
``(5) Other activities.--The Secretary may undertake other
activities to promote the replication of successful transition
programs.
``(e) Coordination of Regulations.--The Secretary shall work with
the Secretary of Health and Human Services to coordinate regulations
promulgated under this section with regulations promulgated under the
Head Start Act Amendments of 1994.
``(f) General Provisions.--
``(1) Priority.--In awarding grants under subsection (b)(1),
the Secretary shall give priority to applicants that--
``(A) will operate a project under this section at a school
designated as a schoolwide program under section 1114;
``(B) serve local educational agencies that have the
highest numbers or percentages of poor children; and
``(C) demonstrate a significant commitment by the community
to the proposed program, as evidenced by the level of
resources, both cash and in-kind, from other public and private
sources available to the consortium.
``(2) Supplement.--An application for assistance under this
section may not be approved unless the Secretary is satisfied that
the services to be provided by the applicant will supplement, and
not supplant, services that previously provided other Federal
assistance.
``(3) Sufficient size.--A grant under subsection (b)(1) shall
be of sufficient size and scope to enable the grantee to operate a
project which meets the requirements of this section.
``(4) Urban and rural grants.--To the extent practicable, the
Secretary shall award grants under subsection (b)(1) to consortia
in both urban and rural areas.
``(5) Renewal grant.--To be eligible to renew a grant under the
section, an applicant that received assistance under subsection
(b)(1) shall demonstrate that the project achieved the purposes
described in subsection (b)(2).
``(g) Definitions.--As used in this section:
``(1) Family services coordinator.--The term `family services
coordinator' means an individual who has the skills necessary to
assist families in obtaining support services and may be an
existing employee of a local educational agency or Head Start
agency.
``(2) Head start agency.--The term `Head Start agency' means
any agency designated as a Head Start agency under the Head Start
Act (42 U.S.C. 9831 et seq.).
``(3) Support services.--The term `support services' means
services that enhance the physical, social, emotional, and
intellectual development of low-income children, including the
provision of necessary support to the parents and other family
members of such children.
``PART F--GENERAL PROVISIONS
``SEC. 1601. FEDERAL REGULATIONS.
``(a) In General.--The Secretary is authorized to issue such
regulations as are necessary to reasonably ensure that there is
compliance with this title.
``(b) Negotiated Rulemaking Process.--
``(1) In general.--Prior to publishing in the Federal Register
proposed regulations to carry out this title, the Secretary shall
obtain the advice and recommendations of representatives of
Federal, State, and local administrators, parents, teachers, and
members of local boards of education involved with the
implementation and operation of programs under this title.
``(2) Meetings and electronic exchange.--Such advice and
recommendation may be obtained through such mechanisms as regional
meetings and electronic exchanges of information.
``(3) Proposed regulations.--After obtaining such advice and
recommendations, and prior to publishing proposed regulations, the
Secretary shall--
``(A) establish a negotiated rulemaking process on a
minimum of two key issues, including--
``(i) schoolwide programs; and
``(ii) standards and assessment;
``(B) select individuals to participate in such process
from among individuals or groups which provided advice and
recommendations, including representation from all geographic
regions of the United States; and
``(C) prepare a draft of proposed policy options that shall
be provided to the individuals selected by the Secretary under
subparagraph (A) not less than 15 days prior to the first
meeting under such process.
``(4) Process.--Such process--
``(A) shall be conducted in a timely manner to ensure that
final regulations are issued by the Secretary not later than
July 1, 1995; and
``(B) shall not be subject to the Federal Advisory
Committee Act but shall otherwise follow the provisions of the
Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
``(5) Emergency situation.--In an emergency situation in which
regulations to carry out this title must be issued with a very
limited time to assist State and local educational agencies with
the operation of a program under this title, the Secretary may
issue proposed regulations without following such process but
shall, immediately thereafter and prior to issuing final
regulations, conduct regional meetings to review such proposed
regulations.
``(c) Limitation.--Regulations to carry out this part may not
require local programs to follow a particular instructional model, such
as the provision of services outside the regular classroom or school
program.
``SEC. 1602. COORDINATION OF FEDERAL, STATE, AND LOCAL ADMINISTRATION.
``(a) Program Assistance Manual.--The Secretary shall, not later
than six months after the publication of final regulations under this
title, prepare and distribute to State educational agencies, State
agencies operating programs under parts C and D, and local educational
agencies, and shall make available to parents and other interested
individuals, organizations, and agencies, a manual for this title to--
``(1) assist such agencies in--
``(A) enhancing the quality, increasing the depth, or
broadening the scope of activities for programs under this
title;
``(B) applying for program funds under this title; and
``(C) meeting the program objectives under this title;
``(2) assist State educational agencies in achieving proper and
efficient administration of programs funded under this title;
``(3) assist parents to become involved in the planning for,
and implementation and evaluation of, programs and projects under
this title; and
``(4) ensure that officers and employees of the Department,
including officers and employees of the Secretary and officers and
employees of the Department charged with auditing programs carried
on under this title, uniformly interpret, apply, and enforce
requirements under this title throughout the United States.
``(b) Contents of Policy Manual.--The policy manual shall, with
respect to programs carried out under this title, contain descriptions,
statements, procedural and substantive rules, opinions, policy
statements and interpretations and indices to and amendments of the
foregoing, and in particular, whether or not such descriptions,
statements, procedural and substantive rules, opinions, policy
statements and interpretations and indices are required under section
552 of title 5, United States Code, to be published or made available.
The manual shall include--
``(1) a statement of the requirements applicable to the
programs carried out under this title, including such requirements
contained in this title, the General Education Provisions Act,
other applicable statutes, and regulations issued under the
authority of such statutes;
``(2) an explanation of the purpose of each requirement and its
interrelationship with other applicable requirements; and
``(3) model forms and instructions developed by the Secretary
for use by State and local educational agencies, at the discretion
of such agencies, including, application forms, application review
checklists, and instruments for monitoring programs under this
title.
``(c) Response to Inquiries.--The Secretary shall respond with
written guidance not later than 90 days after any written request
(return receipt requested) from a State or local educational agency
regarding a policy, question, or interpretation under this title is
received. In the case of a request from a local educational agency,
such agency is required to address its request to the State educational
agency first.
``SEC. 1603. STATE ADMINISTRATION.
``(a) Rulemaking.--
``(1) In general.--Each State that receives funds under this
title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes of this
title and provide any such proposed rules, regulations, and
policies to the committee of practitioners under subsection (b)
for their review and comment;
``(B) minimize such rules, regulations, and policies to
which their local educational agencies and schools are subject;
and
``(C) identify any such rule, regulation, or policy as a
State-imposed requirement.
``(2) Support and facilitation.--State rules, regulations, and
policies under this title shall support and facilitate local
educational agency and school-level systemic reform designed to
enable all children to meet the challenging State content standards
and challenging State student performance standards.
``(b) Committee of Practitioners.--
``(1) In general.--Each State educational agency shall create a
State committee of practitioners to advise the State in carrying
out its responsibilities under this title.
``(2) Membership.--Each such committee shall include--
``(A) as a majority of its members, representatives from
local educational agencies;
``(B) administrators;
``(C) teachers, including vocational educators;
``(D) parents;
``(E) members of local boards of education;
``(F) representatives of private school children; and
``(G) pupil services personnel.
``(3) Duties.--The duties of such committee shall include a
review, prior to publication, of any proposed or final State rule
or regulation pursuant to this title. In an emergency situation
where such rule or regulation must be issued within a very limited
time to assist local educational agencies with the operation of the
program under this title, the State educational agency may issue a
regulation without prior consultation, but shall immediately
thereafter convene the State committee of practitioners to review
the emergency regulation prior to issuance in final form.
``(c) Payment for State Administration.--Each State may reserve for
the proper and efficient performance of its duties under this title the
greater of--
``(1) 1.00 percent of the funds received under subsections (a),
(c), and (d) of section 1002; or
``(2) $400,000, or $50,000 in the case of the outlying areas.
``SEC. 1604. CONSTRUCTION.
``(a) Prohibition of Federal Mandates, Direction, or Control.--
Nothing in this title 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 specific instructional
content or pupil performance standards and assessments, curriculum, or
program of instruction as a condition of eligibility to receive funds
under this title.
``(b) Equalized Spending.--Nothing in this title shall be construed
to mandate equalized spending per pupil for a State, local educational
agency, or school.
``(c) Building Standards.--Nothing in this title shall be construed
to mandate national school building standards for a State, local
educational agency, or school.
``TITLE II--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM
``SEC. 2001. FINDINGS.
``The Congress finds as follows:
``(1) Reaching the National Education Goals, particularly the
third, fourth, and fifth National Education Goals, requires a
comprehensive educational reform strategy that involves parents,
schools, government, communities, and other public and private
organizations at all levels.
``(2) A crucial component of the strategy for achieving such
goals is ensuring, through sustained and intensive high-quality
professional development, that all teachers will provide
challenging learning experiences in the core academic subjects for
their students.
``(3) Decisionmaking as to what activities a State or local
educational agency should undertake to improve teaching and
learning are best made by individuals in the schools closest to the
classroom and most knowledgeable about the needs of schools and
students.
``(4) The potential positive impact of high-quality
professional development is underscored by recent research findings
that--
``(A) professional development must be focused on teaching
and learning in order to improve the opportunities of all
students to achieve higher standards;
``(B) effective professional development focuses on
discipline-based knowledge and effective subject-specific
pedagogical skills, involves teams of teachers, and, where
appropriate, administrators and pupil services personnel, in a
school and, through professional networks of teachers, and,
where appropriate, teacher educators, administrators, pupil
services personnel, and parents, is interactive and
collaborative, motivates by its intrinsic content and
relationship to practice, builds on experience and learning-by-
doing, and becomes incorporated into the everyday life of the
school;
``(C) professional development can dramatically improve
classroom instruction and learning when teachers, and, where
appropriate, administrators, pupil services personnel, and
parents, are partners in the development and implementation of
such professional development; and
``(D) new and innovative strategies for teaching to high
standards will require time for teachers, outside of the time
spent teaching, for instruction, practice, and collegial
collaboration.
``(5) Special attention must be given in professional
development activities to ensure that education professionals are
knowledgeable of, and make use of, strategies for serving
populations that historically have lacked access to equal
opportunities for advanced learning and career advancement.
``(6) Professional development is often a victim of budget
reductions in fiscally difficult times.
``(7) The Federal Government has a vital role in helping States
and local educational agencies to make sustained and intensive
high-quality professional development in the core academic subjects
become an integral part of the elementary and secondary education
system.
``(8) Professional development activities must prepare
teachers, pupil services personnel, paraprofessionals and other
staff in the collaborative skills needed to appropriately teach
children with disabilities, in the core academic subjects.
``(9) Parental involvement is an important aspect of school
reform and improvement. There is a need for special attention to
ensure the effective involvement of parents in the education of
their children. Professional development should include methods and
strategies to better prepare teachers and, where appropriate,
administrators, to enable parents to participate fully and
effectively in their children's education.
``SEC. 2002. PURPOSES.
``The purposes of this title are to provide assistance to State and
local educational agencies and to institutions of higher education with
teacher education programs so that such agencies and institutions can
determine how best to improve the teaching and learning of all students
by--
``(1) helping to ensure that teachers, and, where appropriate,
other staff and administrators, have access to sustained and
intensive high-quality professional development that is aligned to
challenging State content standards and challenging State student
performance standards, and to support the development and
implementation of sustained and intensive high-quality professional
development activities in the core academic subjects; and
``(2) helping to ensure that teachers, and, where appropriate,
administrators, other staff, pupil services personnel, and parents,
have access to professional development that--
``(A) is tied to challenging State content standards and
challenging State student performance standards;
``(B) reflects recent research on teaching and learning;
``(C) includes strong academic content and pedagogical
components;
``(D) incorporates effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse student populations, including females, minorities,
individuals with disabilities, limited-English-proficient
individuals, and economically disadvantaged individuals, in
order to ensure that all students have the opportunity to
achieve challenging State student performance standards;
``(E) is of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in the
classroom; and
``(F) is part of the everyday life of the school and
creates an orientation toward continuous improvement throughout
the school.
``SEC. 2003. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION BETWEEN PARTS.
``(a) Authorization of Appropriations.--For the purpose of carrying
out this title, there are authorized to be appropriated $800,000,000
for fiscal year 1995 and such sums as may be necessary for each of the
four succeeding fiscal years.
``(b) Allocation Between Parts.--Of the amounts appropriated to
carry out this title for any fiscal year, the Secretary shall make
available--
``(1) 5 percent of such amounts to carry out subpart 1, of
which 5 percent of such 5 percent shall be available to carry out
section 2103;
``(2) 94 percent of such amounts to carry out part B; and
``(3) 1 percent of such amounts to carry out part C except that
such 1 percent shall not exceed $3,200,000 in any fiscal year.
``PART A--FEDERAL ACTIVITIES
``SEC. 2101. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to make grants to,
and enter into contracts and cooperative agreements with, local
educational agencies, educational service agencies, State educational
agencies, State agencies for higher education, institutions of higher
education, and other public and private agencies, organizations, and
institutions to--
``(1) support activities of national significance that the
Secretary determines will contribute to the development and
implementation of high-quality professional development activities
in the core academic subjects; and
``(2) evaluate activities carried out under this part and parts
B and C, in accordance with section 14701.
``(b) Requirements.--In carrying out the activities described in
subsection (a), the Secretary shall coordinate professional development
programs within the Department, particularly with those programs within
the Office of Educational Research and Improvement and the Office of
Special Education and Rehabilitative Services, and shall consult and
coordinate with the National Science Foundation, the National Endowment
for the Humanities, the National Endowment for the Arts, the Institute
of Museum Services, and other appropriate Federal agencies and
entities.
``SEC. 2102. AUTHORIZED ACTIVITIES.
``(a) Activities.--The Secretary shall use funds available to carry
out this part for--
``(1) providing seed money to the entities described in section
2101(a) to develop the capacity of such entities to offer sustained
and intensive high-quality professional development;
``(2) awarding a grant or contract, in consultation with the
Director of the National Science Foundation, to establish an
Eisenhower National Clearinghouse for Mathematics and Science
Education (hereafter in this section referred to as the
`Clearinghouse'); and
``(3) evaluating programs assisted under this part and parts B
and C, in accordance with section 14701.
``(b) Clearinghouse.--
``(1) Application and award basis.--Each entity desiring to
establish and operate the Clearinghouse authorized by subsection
(a)(2) shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the
Secretary may reasonably require. The grant or contract awarded
pursuant to subsection (a)(2) shall be made on a competitive, merit
basis.
``(2) Duration.--The grant or contract awarded under subsection
(a)(2) shall be awarded for a period of five years and shall be
reviewed by the Secretary not later than 30 months from the date
the grant or contract is awarded.
``(3) Use of funds.--The grant or contract awarded under
subsection (a)(2) shall be used to--
``(A) maintain a permanent repository of mathematics and
science education instructional materials and programs for
elementary and secondary schools, including middle schools
(including, to the extent practicable, all materials and
programs developed with Federal and non-Federal funds, such as
instructional materials developed by the Department, materials
developed by State and national mathematics and science
programs assisted under this part, and other instructional
materials) for use by the regional consortia established under
part C of title XIII and by the general public;
``(B) compile information on all mathematics and science
education programs administered by each Federal agency or
department;
``(C) disseminate information, programs, and instructional
materials to the public, dissemination networks, and the
regional consortia established under part C of title XIII;
``(D) coordinate with identifiable and existing data bases
containing mathematics and science curriculum and instructional
materials, including Federal, non-Federal, and, where feasible,
international, data bases;
``(E) participate in collaborative meetings of
representatives of the Clearinghouse and the regional consortia
established under part C of title XIII to discuss issues of
common interest and concern, to foster effective collaboration
and cooperation in acquiring and distributing curriculum
materials and programs, and to coordinate computer network
access to the Clearinghouse and the resources of the regional
consortia, except that not more than 3 percent of the funds
awarded under subsection (a)(2) shall be used to carry out this
subparagraph; and
``(F) gather qualitative and evaluative data on submissions
to the Clearinghouse.
``(4) Submission to clearinghouse.--Each Federal agency or
department which develops mathematics or science education
instructional material or programs, including the National Science
Foundation and the Department, shall submit to the Clearinghouse
copies of such material or programs.
``(5) Peer review.--The Secretary shall establish a peer review
process to select the recipient of the award under subsection
(a)(2).
``(6) Steering committee.--The Secretary may appoint a steering
committee to recommend policies and activities for the
Clearinghouse.
``(7) Application of copyright laws.--Nothing in this
subsection shall be construed to allow the use or copying, in any
media, of any material collected by the Clearinghouse that is
protected under the copyright laws of the United States unless the
permission of the owner of the copyright is obtained. The
Clearinghouse, in carrying out the provisions of this subsection,
shall ensure compliance with title 17, United States Code.
``(8) Dissemination of information.--The Secretary shall
disseminate information concerning the grant or contract awarded
under this section to State and local educational agencies and
institutions of higher education. Such dissemination of information
shall include examples of exemplary national programs in
mathematics and science instruction and necessary technical
assistance for the establishment of similar programs.
``(c) Uses of Funds.--The Secretary may use funds available to
carry out this part for--
``(1) the development and maintenance of national
clearinghouses for core academic subjects as the Secretary
determines are needed and which shall be administered as adjunct
clearinghouses of the Educational Resources Information Center
Clearinghouses system of clearinghouses supported by the Office of
Educational Research and Improvement;
``(2) professional development institutes that provide teachers
or teams of teachers, and, where appropriate, administrators, pupil
services personnel and other staff, from individual schools, with
professional development that contains strong and integrated
disciplinary and pedagogical components;
``(3) encouraging the development of local and national
professional networks, such as the Teacher Research Dissemination
Demonstration Program under section 941(j) of the Educational
Research, Development, Dissemination, and Improvement Act of 1994,
that provide a forum for interaction among teachers of the core
academic subjects and that allow the exchange of information on
advances in content and pedagogy;
``(4) efforts to train teachers in the innovative uses and
applications of technology to enhance student learning;
``(5) the development and dissemination of model teaching
standards in the core academic subjects;
``(6) disseminating standards in the core academic subjects,
including information on voluntary national content standards and
voluntary national student performance standards and related models
of high-quality professional development;
``(7) the dissemination of information about voluntary national
content standards, State content standards, voluntary national
student performance standards and State student performance
standards, and related models of high-quality professional
development;
``(8) efforts to train teachers in innovative instructional
methodologies designed to meet the diverse learning needs of
individual students, including methodologies which integrate
academic and vocational learning and applied learning, interactive,
interdisciplinary team teaching, and other alternative teaching
strategies, such as service learning, experiential learning,
career-related education, and environmental education, that
integrate real world applications into the core academic subjects;
``(9) disseminating models of high-quality professional
development activities that train educators in strategies,
techniques, methods, and practices for meeting the educational
needs of historically underserved populations, including females,
minorities, individuals with disabilities, limited-English-
proficient individuals, and economically disadvantaged individuals,
in order to ensure that all students have the opportunity to
achieve challenging State student performance standards;
``(10) promoting the transferability of licensure and
certification of teachers and administrators among State and local
jurisdictions;
``(11) supporting the National Board for Professional Teaching
Standards;
``(12) developing activities to prepare teachers, and, where
appropriate, paraprofessionals, pupil services personnel, and other
staff in the collaborative skills needed to appropriately teach
children with disabilities in the core academic subjects;
``(13) encouraging the development of innovative models for
recruitment, induction, retention, and assessment of new, highly
qualified teachers, especially such teachers from historically
underrepresented groups; and
``(14) joint activities with other Federal agencies and
entities engaged in or supporting similar professional development
efforts.
``SEC. 2103. NATIONAL TEACHER TRAINING PROJECT.
``(a) Short Title; Findings; Definitions.--
``(1) Short title.--This section may be cited as the `National
Teacher Training Project Act of 1994'.
``(2) Findings.--The Congress finds that--
``(A) teachers must be major players in educational reform
in the United States;
``(B) teachers are isolated from their peers and have
virtually no time during the school day to consult with other
teachers;
``(C) there is a shortage of sustained, year-round
professional development programs for teachers;
``(D) successful teaching methods are not adequately shared
among teachers;
``(E) teachers are the best teachers of other teachers
because practicing classroom teachers have experience that no
outside consultant can match;
``(F) it is important for universities and schools to
collaborate on teacher development programs if teaching and
learning are to be improved;
``(G) pertinent research is not shared among teachers in a
professional setting;
``(H) exemplary teachers should be recognized for their
abilities and contributions and encouraged to refine their
teaching methods;
``(I) each State should support a nationally based teacher
training program, that is modeled after the National Writing
Project, for teachers of early childhood education, and for
teachers of core academic subjects including teachers of
mathematics, science, English, civics and government, foreign
languages, and arts;
``(J) the National Writing Project is a nationally
recognized and honored nonprofit organization that recognizes
there are teachers in every region of the United States who
have developed successful methods for teaching writing and that
such teachers can be trained and encouraged to train other
teachers;
``(K) the National Writing Project is a collaborative
university-school program which offers summer and school year
inservice teacher training programs and a dissemination network
to inform and teach teachers regarding developments in the
field of writing;
``(L) each year, over 125,000 teachers voluntarily seek
training in National Writing Project intensive summer
institutes and workshops and school year inservice programs
through one of the 155 sites located within the United States,
and in 18 sites located outside of the United States;
``(M) in the 20 years of its existence, over 1,100,000
teachers, administrators, and parents have participated in
National Writing Project programs;
``(N) less than $16 per teacher was the average cost in
Federal dollars for all teacher training at writing projects in
academic year 1991-1992;
``(O) for every dollar in Federal support, the National
Writing Project provides over $5 in matching funds from States,
local universities and schools, and the private sector;
``(P) private foundation resources, although generous in
the past concerning National Writing Project programs, are
inadequate to fund all of the National Teacher Training Project
sites needed, and the future of the program is in jeopardy
without secure financial support;
``(Q) the National Writing Project has become a model for
programs in other fields, such as science, mathematics,
history, literature, foreign languages, and the performing
arts, and the development of programs in other fields should
continue with the support of Federal funds; and
``(R) each of the 50 States should participate in the
National Teacher Training Project by establishing regional
teacher training sites in early childhood development,
mathematics, science, English, civics and government, foreign
languages, and arts to serve all teachers within the State.
``(3) Definitions.--For the purpose of this section--
``(A) the term `contractor' means--
``(i) a local educational agency;
``(ii) an educational service agency; or
``(iii) an institution of higher education that awards
a bachelor's degree; and
``(B) the term `eligible recipient' means a nonprofit
educational organization which has as its primary purpose the
improvement of student learning in one of the core academic
subjects described in subsection (b)(2).
``(b) Grants Authorized.--
``(1) Grants to eligible recipients.--The Secretary is
authorized to award a grant to an eligible recipient to enable such
recipient--
``(A) to support and promote the establishment of teacher
training programs in early childhood development and one of the
nine core subject areas described in paragraph (2), including
the dissemination of effective practices and research findings
regarding teacher training, and administrative activities;
``(B) to support classroom research on effective teaching
practices in such area; and
``(C) to pay the Federal share of the cost of such programs
and research.
``(2) Core subject areas.--To the extent feasible, the
Secretary shall award a grant under paragraph (1) for the
establishment of a National Teacher Training Project in early
childhood development and each of the following core subject areas:
``(A) Mathematics.
``(B) Science.
``(C) English.
``(D) Civics and government.
``(E) Foreign languages.
``(F) Arts.
``(G) Geography.
``(H) History.
``(I) Economics.
``(3) Number of grants and eligible recipients.--The Secretary
shall award not more than ten grants under paragraph (1) to ten
different eligible recipients.
``(4) Equitable distribution.--The Secretary shall award grants
under paragraph (1) to eligible recipients from different
geographic areas of the United States.
``(5) Special rule.--Each grant under paragraph (1) shall be of
sufficient size, scope, and quality to be effective.
``(6) Administrative costs and technical assistance.--Each
eligible recipient receiving a grant under paragraph (1) may use
not more than a total of 5 percent of the grant funds for
administrative costs and the costs of providing technical
assistance to a contractor.
``(c) Grant Requirements.--Each eligible recipient receiving a
grant under subsection (b) shall--
``(1) enter into a contract with a contractor under which such
contractor agrees--
``(A) to establish, operate, and provide the non-Federal
share of the cost of teacher training programs in effective
approaches and processes for the teaching of the core academic
subjects for which such eligible recipient was awarded a grant,
including approaches and processes to obtain parental
involvement in a child's education; and
``(B) to use funds received from the eligible recipient to
pay the Federal share of the cost of establishing and operating
teacher training programs described in subparagraph (A);
``(2) to submit annual reports to the Secretary and be
responsible for oversight of the funds expended at each teacher
training program described in subparagraph (A); and
``(3) meet such other conditions and standards as the Secretary
determines to be necessary to ensure compliance with this section
and provide such technical assistance as may be necessary to carry
out this section.
``(d) Teacher Training Programs.--The teacher training programs
described in subsection (b) shall--
``(1) be conducted during the school year and during the summer
months;
``(2) train teachers who teach grades kindergarten through
college;
``(3) select teachers to become members of a National Teacher
Training Project, which members shall conduct inservice workshops
for other teachers in the area subject matter served by the
National Teacher Training Project site;
``(4) use teacher training principles and receive technical
assistance from the National Writing Project; and
``(5) encourage teachers from all disciplines to participate in
such teacher training programs.
``(e) Federal Share.--The term `Federal share' means, with respect
to the costs of teacher training programs described in subsection (b),
50 percent of such costs to the contractor.
``(f) Application.--Each eligible recipient desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the Secretary
may reasonably require.
``(g) Participants and Selection Process.--The selection process
for participation in a teacher training program described in subsection
(b) shall--
``(1) reward exemplary teachers with varying levels of teaching
experience who are nominated by other teachers and administrators;
``(2) involve an application process to select participants for
a summer program;
``(3) ensure the selection of a geographically and ethnically
diverse group of teachers by soliciting applications from teachers
of both public and private institutions in rural, urban, and
suburban settings in each State; and
``(4) automatically offer a place in a summer program to the
`Teacher of the Year' chosen pursuant to a Federal or State teacher
recognition program.
``(h) Limitation.--A contractor entering into a contract under
subsection (c)(1) shall not spend more than 5 percent of funds received
under the contract for administrative costs.
``PART B--STATE AND LOCAL ACTIVITIES
``SEC. 2201. PROGRAM AUTHORIZED.
``The Secretary is authorized to make grants to State educational
agencies for the improvement of teaching and learning through sustained
and intensive high-quality professional development activities in the
core academic subjects at the State and local levels.
``SEC. 2202. ALLOCATION OF FUNDS.
``(a) Reservation of Funds.--From the amount available to carry out
this part for any fiscal year, the Secretary shall reserve--
``(1) \1/2\ of 1 percent for the outlying areas, to be
distributed among the outlying areas on the basis of their relative
need, as determined by the Secretary in accordance with the
purposes of this part; and
``(2) \1/2\ of 1 percent for the Secretary of the Interior for
programs under this part for professional development activities
for teachers, other staff, and administrators in schools operated
or funded by the Bureau of Indian Affairs.
``(b) State Allocations.--The Secretary shall allocate the amount
available to carry out this part and not reserved under subsection (a)
to each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico as follows, except that no State shall
receive less than \1/2\ of 1 percent of such amount:
``(1) Fifty percent shall be allocated among such jurisdictions
on the basis of their relative populations of individuals aged five
through 17, as determined by the Secretary on the basis of the most
recent satisfactory data.
``(2) Fifty percent shall be allocated among such jurisdictions
in accordance with the relative amounts such jurisdictions received
under part A of title I for the preceding fiscal year, or for
fiscal year 1995 only, such part's predecessor authority.
``(c) Reallocation.--If any jurisdiction does not apply for an
allotment under subsection (b) for any fiscal year, the Secretary shall
reallocate such amount to the remaining jurisdictions in accordance
with such subsection.
``SEC. 2203. WITHIN-STATE ALLOCATIONS.
``Of the amounts received by a State under this part for any fiscal
year--
``(1) 84 percent shall be available for local allowable
activities under section 2210(b), of which--
``(A) not more than 5 percent may be used for the
administrative costs of the State educational agency and for
State-level activities described in section 2207; and
``(B) of the remaining amount--
``(i) 50 percent shall be distributed to local
educational agencies--
``(I) for use in accordance with section 2210; and
``(II) in accordance with the relative enrollments
in public and private nonprofit elementary and
secondary schools within the boundaries of such
agencies; and
``(ii) 50 percent of such amount shall be distributed
to local educational agencies--
``(I) for use in accordance with section 2210; and
``(II) in accordance with the relative amount such
agencies received under part A of title I or for fiscal
year 1995 for the preceding fiscal year, such part's
predecessor authority; and
``(2) 16 percent shall be available to the State agency for
higher education for activities under section 2211, of which not
more than 5 percent may be used for the administrative costs of the
State agency for higher education.
``SEC. 2204. CONSORTIUM REQUIREMENT.
``(a) In General.--A local educational agency receiving a grant
under this part of less than $10,000 shall form a consortium with
another local educational agency or an educational service agency
serving another local educational agency to be eligible to participate
in programs assisted under this part.
``(b) Waiver.--The State educational agency may waive the
application of paragraph (1) in the case of any local educational
agency that demonstrates that the amount of its allocation under this
part is sufficient to provide a program of sufficient size, scope, and
quality to be effective. In granting waivers under the preceding
sentence, the State educational agency shall--
``(1) give special consideration to local educational agencies
serving rural areas if distances or traveling time between schools
make formation of the consortium more costly or less effective; and
``(2) consider cash or in-kind contributions provided from
State or local sources that may be combined with the local
educational agency's allocation for the purpose of providing
services under this part.
``(c) Special Rule.--Each consortium shall rely, as much as
possible, on technology or other arrangements to provide staff
development programs tailored to the needs of each school or school
district participating in a consortium described in subsection (a).
``SEC. 2205. STATE APPLICATIONS.
``(a) Applications Required.--Each State educational agency that
wishes to receive an allotment under this part for any fiscal year
shall submit an application to the Secretary at such time, in such
form, and containing such information as the Secretary may require.
``(b) State Plan To Improve Teaching and Learning.--
``(1) In general.--Each application under this section shall
include a State plan that is coordinated with the State's plan
under other programs assisted under this Act, the Goals 2000:
Educate America Act, and other Acts, as appropriate, consistent
with the provisions of section 14306.
``(2) Contents.--Each such State plan shall--
``(A) be developed in conjunction with the State agency for
higher education, community-based and other nonprofit
organizations of demonstrated effectiveness, institutions of
higher education or schools of education, and with the
extensive participation of local teachers, administrators and
pupil services personnel and show the role of each such entity
in implementation of the plan;
``(B) be designed to give teachers, and, where appropriate,
administrators and pupil services personnel in the State, the
knowledge and skills necessary to provide all students the
opportunity to meet challenging State content standards and
challenging State student performance standards;
``(C) include an assessment of State and local needs for
professional development specifically related to subparagraph
(B);
``(D) include a description of how the plan has assessed
the needs of local educational agencies serving rural and urban
areas, and what actions are planned to meet such needs;
``(E) include a description of how the activities assisted
under this part will address the needs of teachers in schools
receiving assistance under part A of title I;
``(F) a description of how programs in all core academic
subjects, but especially in mathematics and science, will take
into account the need for greater access to, and participation
in, such disciplines by students from historically
underrepresented groups, including females, minorities,
individuals with limited English proficiency, the economically
disadvantaged, and individuals with disabilities, by
incorporating pedagogical strategies and techniques which meet
such individuals' educational needs;
``(G) be consistent with the State's needs assessment under
subparagraph (C), and describe how the State will work with
teachers, including teachers in schools receiving assistance
under part A of title I, administrators, parents, local
educational agencies, schools, educational service agencies,
institutions of higher education, and nonprofit organizations
of demonstrated effectiveness, to ensure that such individuals
develop the capacity to support sustained and intensive, high-
quality professional development programs in the core academic
subjects;
``(H) describe how the State requirements for licensure of
teachers and administrators, including certification and
recertification, support challenging State content standards
and challenging State student performance standards and whether
such requirements are aligned with such standards;
``(I) address the need for improving teaching and learning
through teacher development beginning with recruitment,
preservice, and induction, and continuing throughout the
professional teaching career, taking into account the need, as
determined by the State, for greater access to and
participation in the teaching profession by individuals from
historically underrepresented groups;
``(J) describe how the State will prepare all teachers to
teach children with diverse learning needs, including children
with disabilities;
``(K) describe how the State will prepare teachers, and,
where appropriate, paraprofessionals, pupil services personnel,
and other staff in the collaborative skills needed to
appropriately teach children with disabilities, in the core
academic subjects;
``(L) describe how the State will use technology, including
the emerging national information infrastructure, to enhance
the professional development of teachers, and, where
appropriate, administrators and pupil services personnel;
``(M) describe how the State will provide incentives to
teachers and administrators to focus their professional
development on preparing such teachers and administrators to
provide instruction consistent with challenging State content
standards and challenging State student performance standards;
``(N) set specific performance indicators for professional
development; and
``(O) describe how parents can be involved in professional
development programs to enhance the participation of parents in
the education of their children.
``(3) Duration of the plan.--Each such State plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(c) Additional Material.--Each State application shall include--
``(1) a description of how the activities assisted under this
part will be coordinated, as appropriate, with--
``(A) other activities conducted with Federal funds,
especially activities supported under part A of title I of this
Act and the Individuals with Disabilities Education Act;
``(B) programs supported by State and local funds;
``(C) resources from business and industry, museums,
libraries, educational television stations, and public and
private nonprofit organizations of demonstrated experience; and
``(D) funds received from other Federal agencies, such as
the National Science Foundation, the Departments of Commerce,
Energy, and Health and Human Services, the National Endowment
for the Arts, the Institute of Museum Services, and the
National Endowment for the Humanities; and
``(2) a description of the activities to be sponsored under the
State-level activities under section 2207 and the higher education
activities under section 2211.
``(d) Peer Review and Secretarial Approval.--
``(1) In general.--The Secretary shall approve an application
of a State educational agency under this section if such
application meets the requirements of this section and holds
reasonable promise of achieving the purposes of this part.
``(2) Review.--In reviewing applications under this section,
the Secretary shall obtain the advice of non-Federal experts on
education in the core academic subjects and on teacher education,
including teachers and administrators.
``SEC. 2206. PRIORITY FOR PROFESSIONAL DEVELOPMENT IN MATHEMATICS AND
SCIENCE.
``(a) Appropriation of Less Than $250,000,000.--In any fiscal year
for which the amount appropriated for this title is less than
$250,000,000, each State shall ensure that all funds distributed in
accordance with section 2203(1)(C) are used for professional
development in mathematics and science.
``(b) Appropriation Equal To or Above $250,000,000.--In any fiscal
year for which the amount appropriated for this title is equal to or
exceeds $250,000,000, each State and local educational agency shall use
for professional development activities in mathematics and science the
amount of funds that would have been made available to each such agency
in accordance with sections 2202 and 2203 if the amount appropriated
was $250,000,000, consistent with subsection (a), and are permitted and
encouraged to use the amount of funds in excess of $250,000,000 that is
made available in accordance with sections 2202 and 2203 for
professional development activities in mathematics and science.
``SEC. 2207. STATE-LEVEL ACTIVITIES.
``Each State may use funds made available under section 2203(1)(A)
to carry out activities described in the plan under section 2205(b),
such as--
``(1) reviewing and reforming State requirements for teacher
and administrator licensure, including certification and
recertification, to align such requirements with the State's
challenging State content standards and ensure that teachers and
administrators have the knowledge and skills necessary to help
students meet challenging State student performance standards;
``(2) developing performance assessments and peer review
procedures, as well as other methods, for licensing teachers and
administrators;
``(3) providing technical assistance to schools and local
educational agencies, especially schools and local educational
agencies that receive assistance under part A of title I, to help
such schools and agencies provide effective professional
development in the core academic subjects;
``(4) developing or supporting professional development
networks, either within a State or in a regional consortium of
States, that provide a forum for interaction among teachers and
that allow exchange of information on advances in content and
pedagogy;
``(5) supporting partnerships between schools, consortia of
schools, or local educational agencies and institutions of higher
education, including schools of education, which encourage--
``(A) teachers to participate in intensive, ongoing
professional development programs, both academic and
pedagogical, at institutions of higher education; and
``(B) students at institutions of higher education studying
to become teachers to have direct, practical experience at the
schools;
``(6) providing professional development in the effective use
of educational technology as an instructional tool for increasing
student understanding of the core academic subjects, including
efforts to train teachers in methods of achieving gender equity
both in students' access to computers and other educational
technology and in teaching practices used in the application of
educational technology;
``(7) providing incentives for teachers to be involved in
assessment, curriculum development, and technical assistance
processes for teachers and students;
``(8) providing professional development to enable teachers,
and, where appropriate, pupil services personnel, and other school
staff, to ensure that girls and young women, minorities, limited
English proficient students, individuals with disabilities, and
economically disadvantaged students have the full opportunity to
achieve challenging State content standards and challenging State
student performance standards in the core academic subjects by, for
example, encouraging girls and young women and minorities to pursue
advanced courses in mathematics and science;
``(9) professional development and recruitment activities
designed to increase the numbers of minorities, individuals with
disabilities, and women teaching in the core academic subjects in
which such individuals are underrepresented;
``(10) providing financial or other incentives for teachers to
become certified by nationally recognized professional teacher
enhancement organizations;
``(11) providing professional development activities which
prepare teachers, and where appropriate, pupil services personnel,
paraprofessionals, and other staff in the collaborative skills
needed to appropriately teach children with disabilities, in the
core academic subjects;
``(12) identifying, developing, or supporting professional
development strategies to better equip parents to assist their
children in raising their children's achievement in the core
academic subjects; and
``(13) professional development activities designed to increase
the number of women and other underrepresented groups in the
administration of schools.
``SEC. 2208. LOCAL PLAN AND APPLICATION FOR IMPROVING TEACHING AND
LEARNING.
``(a) Local Application.--
``(1) In general.--Each local educational agency that wishes to
receive a subgrant under this part shall submit an application
(singly or as a consortium as described in section 2204) to the
State educational agency at such time as the State educational
agency shall require, but not less frequently than every three
years, that is coordinated with other programs under this Act, the
Goals 2000: Educate America Act, or other Acts, as appropriate,
consistent with the provisions of section 14306.
``(2) Indicators.--A local educational agency shall set
specific performance indicators for improving teaching and learning
through professional development.
``(b) Needs Assessment.--
``(1) In general.--A local educational agency that wishes to
receive a subgrant under this part shall include in its application
an assessment of local needs for professional development as
identified by the local educational agency and school staff.
``(2) Requirements.--Such needs assessment shall be carried out
with the involvement of teachers, including teachers in schools
receiving assistance under part A of title I, and shall take into
account what activities need to be conducted in order to give
teachers and, where appropriate, administrators, the means,
including the knowledge and skills, to provide students with the
opportunity to meet challenging State or local student performance
standards.
``(c) Application Contents.--Each application under this section
shall include the local educational agency's plan for professional
development that--
``(1) focuses on teaching and learning in the core academic
subjects; and
``(2) has been developed with the extensive participation of
administrators, staff, and pupil services personnel, which teachers
shall also be representative of the grade spans within schools to
be served and of schools which receive assistance under part A of
title I.
``(d) Plan Contents.--
``(1) In general.--Based on the needs assessment required under
subsection (b), the local educational agency's plan shall--
``(A) include a description of how the plan contributes to
the local educational agency's overall efforts for school
reform and educational improvement;
``(B) include a description of how the activities funded
under this section will address the needs of teachers in
schools receiving assistance under part A of title I;
``(C) be aligned with the State's challenging State content
standards and challenging State student performance standards;
``(D) describe a strategy, tied to challenging State
content standards and challenging State student performance
standards, consistent with the needs assessment under
subsection (b);
``(E) be of sufficient intensity and duration to have a
positive and lasting impact on the student's performance in the
classroom;
``(F) describe how programs in all core academic subjects,
but especially in mathematics and science, will take into
account the need for greater access to, and participation in,
such disciplines by students from historically underrepresented
groups, including girls and women, minorities, individuals with
limited English proficiency, the economically disadvantaged,
and individuals with disabilities, by incorporating pedagogical
strategies and techniques which meet such individuals'
educational need;
``(G) contain an assurance that the activities conducted
with funds received under this part will be assessed at least
every three years using the performance indicators;
``(H) describe how the program funded under this part will
be coordinated, as appropriate, with--
``(i) activities conducted under section 2131 and other
services of institutions of higher education;
``(ii) similar State and local activities;
``(iii) resources provided under part A of title I and
other provisions of this Act;
``(iv) resources from business, industry, public and
private nonprofit organizations (including museums,
libraries, educational television stations, community-based
organizations, professional organizations and associations
specializing in, or with a demonstrated expertise in the
core academic subjects);
``(v) funds or programming from other Federal agencies,
such as the National Science Foundation, the Department of
Energy, the Department of Health and Human Services, the
Institute of Museum Services, the National Endowment for
the Humanities, and the National Endowment for the Arts;
``(vi) services of educational service agencies; and
``(vii) resources provided under the Individuals with
Disabilities Education Act;
``(I) identify the sources of funding that will provide the
local educational agency's contribution under section 2209; and
``(J) describe the professional development strategies to
be employed to more fully and effectively involve parents in
the education of their children.
``(2) Duration of the plan.--Each local plan described in
subsection (b)(1) shall--
``(A) remain in effect for the duration of the local
educational agency's participation under this part; and
``(B) be periodically reviewed and revised by the local
educational agency, as necessary, to reflect changes in the
local educational agency's strategies and programs under this
part.
``SEC. 2209. LOCAL COST-SHARING.
``(a) In General.--Each local educational agency shall provide not
less than 33 percent of the cost of the activities assisted under this
part, excluding the cost of services provided to private school
teachers.
``(b) Available Resources for Cost-Sharing.--
``(1) In general.--A local educational agency may meet the
requirement of subsection (a) through one or more of the following:
``(A) Cash expenditures from non-Federal sources, including
private contributions, directed toward professional development
activities.
``(B) Release time for teachers participating in
professional development assisted under this part.
``(C) Funds received under one or more of the following
programs, so long as such funds are used for professional
development activities consistent with this part and the
statutes under which such funds were received, and are used to
benefit students and teachers in schools that otherwise would
have been served with such funds:
``(i) Helping disadvantaged children meet high
standards under part A of title I.
``(ii) The Safe and Drug-Free Schools and Communities
program under title IV.
``(iii) Bilingual Education Programs under part A of
title VII.
``(iv) Programs under the Women's Educational Equity
Act of 1994.
``(v) Programs under title III of the Goals 2000:
Educate America Act.
``(vi) Programs that are related to the purposes of
this Act that are administered by other Federal agencies,
including the National Science Foundation, the National
Endowment for the Humanities, the National Endowment for
the Arts, the Institute of Museum Services, and the
Department of Energy.
``(vii) Programs under the Individuals with
Disabilities Education Act.
``(2) Special rule.--A local educational agency may meet the
requirement of subsection (a) through contributions described in
paragraph (1) that are provided in cash or in kind, fairly
evaluated.
``(c) Waiver.--The State educational agency may approve an
application which has not fully met the requirements of subsection (a)
and waive the requirements of subsection (a) if a local educational
agency can demonstrate that such agency is unable to meet the
requirements of subsection (a) due to economic hardship and that
compliance with such requirements would preclude such agency's
participation in the program.
``SEC. 2210. LOCAL ALLOCATION OF FUNDS AND ALLOWABLE ACTIVITIES.
``(a) Local Allocation of Funds.--Each local educational agency
that receives funds under this part for any fiscal year--
``(1) shall use not less than 80 percent of such funds for
professional development of teachers, and, where appropriate,
administrators, and, where appropriate, pupil services personnel,
parents, and other staff of individual schools in a manner that--
``(A) is determined by such teachers and staff;
``(B) to the extent practicable, takes place at the
individual school site; and
``(C) is consistent with the local educational agency's
application under section 2208, any school plan under part A of
title I, and any other plan for professional development
carried out with Federal, State, or local funds that emphasizes
sustained, ongoing activities; and
``(2) may use not more than 20 percent of such funds for school
district-level professional development activities, including,
where appropriate, the participation of administrators,
policymakers, and parents, if such activities directly support
instructional personnel.
``(b) Authorized Activities.--
``(1) In general.--Each local educational agency and school
that receives funds under this part shall use such funds for
activities that give teachers and administrators the knowledge and
skills to provide students with the opportunity to meet challenging
State or local content standards and student performance standards.
``(2) Professional development activities.--Professional
development activities funded under this part shall--
``(A) be tied to challenging State content standards or
challenging local content standards, and challenging State
student performance standards or challenging local student
performance standards;
``(B) take into account recent research on teaching and
learning;
``(C) provide professional development which incorporates
effective strategies, techniques, methods, and practices for
meeting the educational needs of diverse groups of students,
including girls and women, minorities, individuals with
disabilities, limited English proficient individuals, and
economically disadvantaged individuals;
``(D) include strong academic content and pedagogical
components; and
``(E) be of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in the
classroom.
``(3) Activities.--Funds under this part may be used for
professional development activities such as--
``(A) professional development for teams of teachers, and,
where appropriate, administrators, pupil services personnel, or
other staff from individual schools, to support teaching
consistent with challenging State content standards and
challenging State student performance standards;
``(B) support and time, which in the case of teachers may
include release time with pay, for teachers, and, where
appropriate, pupil services personnel and other school staff to
enable such teachers, personnel, and staff to participate in
professional development in the core academic subjects that are
offered through professional associations, universities,
community-based organizations, and other providers, such as
educational partnership organizations, science centers, and
museums;
``(C) activities that provide followup for teachers who
have participated in professional development activities that
are designed to ensure that the knowledge and skills learned by
the teacher are implemented in the classroom;
``(D) support for partnerships between schools, consortia
of schools, or local educational agencies, and institutions of
higher education, including schools of education, which
partnerships shall encourage--
``(i) teachers to participate in intensive, ongoing
professional development programs, both academic and
pedagogical, at institutions of higher education; and
``(ii) students at institutions of higher education
studying to become teachers to have direct, practical
experience at schools;
``(E) the establishment and maintenance of local
professional networks that provide a forum for interaction
among teachers and that allow exchange of information on
advances in content and pedagogy;
``(F) preparing teachers in the effective use of
educational technology and assistive technology as
instructional tools for increasing student understanding of the
core academic subjects;
``(G) professional development to enable teachers, and,
where appropriate, pupil services personnel and other school
staff, to ensure that girls and young women, minorities,
limited English proficient students, individuals with
disabilities, and the economically disadvantaged have full
opportunity to achieve the challenging State content standards
and challenging State student performance standards in the core
academic subjects;
``(H) professional development and recruitment activities
designed--
``(i) to increase the number of minorities, individuals
with disabilities, and females teaching in the core
academic subjects in which such individuals are
underrepresented; and
``(ii) to increase the numbers of women and members of
other underrepresented groups who are science and
mathematics teachers, through such programs as career
ladder programs that assist educational paraprofessionals
to obtain teaching credentials in the core academic
subjects;
``(I) providing financial or other incentives for teachers
to become certified by nationally recognized professional
teacher enhancement programs;
``(J) support and time for teachers, and, where
appropriate, pupil services personnel, and other school staff
to learn and implement effective collaboration for the
instruction of children with disabilities in the core academic
subject areas;
``(K) preparing teachers, and, where appropriate, pupil
services personnel to work with parents and families on
fostering student achievement in the core academic subjects;
``(L) professional development activities and other support
for new teachers as such teachers move into the classroom to
provide such teachers with practical support and to increase
the retention of such teachers;
``(M) professional development for teachers, parents, early
childhood educators, administrators, and other staff to support
activities and services related to preschool transition
programs to raise student performance in the core academic
subjects;
``(N) professional development activities to train teachers
in innovative instructional methodologies designed to meet the
diverse learning needs of individual students, including
methodologies which integrate academic and vocational learning
and applied learning, interactive and interdisciplinary team
teaching, and other alternative teaching strategies such as
service learning, experiential learning, career-related
education, and environmental education, that integrate real
world applications into the core academic subjects;
``(O) developing professional development strategies and
programs to more effectively involve parents in helping their
children achieve in the core academic subjects;
``(P) professional development activities designed to
increase the number of women and other underrepresented groups
in the administration of schools; and
``(Q) release time with pay for teachers.
``SEC. 2211. HIGHER EDUCATION ACTIVITIES.
``(a) Activities.--
``(1) In general.--From amounts made available under section
2203(2), the State agency for higher education, working in
conjunction with the State educational agency (if such agencies are
separate), shall make grants to, or enter into contracts or
cooperative agreements with, institutions of higher education and
nonprofit organizations of demonstrated effectiveness, including
museums and educational partnership organizations, which must work
in conjunction with a local educational agency, consortium of local
educational agencies, or schools, for--
``(A) professional development activities in the core
academic subjects that contribute to the State plan for
professional development;
``(B) developing and providing assistance to local
educational agencies, and the teachers and staff of each such
agency, for sustained, high-quality professional development
activities; and
``(C) improving teacher education programs in order to
promote further innovation in teacher education programs within
an institution of higher education and to better meet the needs
of the local educational agencies for well-prepared teachers.
``(2) Competitive basis.--Each grant, contract, or cooperative
agreement described in paragraph (1) shall be awarded on a
competitive basis.
``(3) Special rule.--No institution of higher education may
receive assistance under (a)(1) of this subsection unless the
institution enters into an agreement with a local educational
agency, or consortium of such agencies, to provide sustained, high-
quality professional development for the elementary and secondary
school teachers in the schools of each such agency.
``(4) Joint efforts.--Each activity assisted under this
section, where applicable, shall involve the joint effort of the
institution of higher education's school or department of
education, if any, and the schools or departments in the specific
disciplines in which such professional development will be
provided.
``(b) Allowable Activities.--A recipient of funds under this
section shall use such funds for--
``(1) sustained and intensive high-quality professional
development for teams of teachers, or teachers, and, where
appropriate, pupil services personnel and administrators from
individual schools or school districts;
``(2) other sustained and intensive professional development
activities related to achievement of the State plan for
professional development; and
``(3) preservice training activities.
``(c) Partnerships.--Each institution of higher education receiving
a grant under this section may also enter into a partnership with a
private industry, museum, library, educational television station, or
public or private nonprofit organization of demonstrated experience to
carry out professional development activities assisted under this
section.
``PART C--PROFESSIONAL DEVELOPMENT DEMONSTRATION PROJECT
``SEC. 2301. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) underlying the standards-driven framework of the Goals
2000: Educate America Act and the high academic standards for
eligible students under title I is a widespread need to prepare
teachers to teach to higher standards;
``(2) prospective and current teachers need knowledge and
skills beyond what such teachers currently possess;
``(3) while both the Goals 2000: Educate America Act and titles
I and II of this Act have extensive references to professional
development of teachers, there are no provisions to incorporate
`on-the-ground' planning and implementation to serve as models for
local educational agencies across the Nation; and
``(4) better prepared teachers can lead to improved student
achievement, especially for students who are furthest from reaching
high standards.
``(b) Purpose.--It is the purpose of this part--
``(1) to address the need for professional development with a
primary focus on teachers;
``(2) to provide both prospective teachers and current teachers
opportunities to learn both the content and the pedagogy needed to
teach to high standards; and
``(3) to build models, in a few cities and States, that
demonstrate new organizational arrangements and deep investments in
teachers necessary to better prepare teachers for new standards and
assessments.
``SEC. 2302. DEMONSTRATION PROGRAM AUTHORIZED.
``(a) General Authority.--
``(1) In general.--The Secretary shall carry out a
demonstration project under which the Secretary awards grants in
accordance with this part to eligible partnerships to enable such
partnerships to plan and implement professional development
programs.
``(2) Program requirements.--The programs described in
paragraph (1)--
``(A) shall focus on increasing teachers' knowledge and
understanding of content by providing teachers opportunities to
improve their knowledge and to improve their classroom practice
in order to help students meet high academic standards;
``(B) shall include teachers at all career stages, from
student teachers or interns through senior team leaders or
department chairs; and
``(C) may incorporate professional development for
principals, pupil services personnel, aides, other school-based
staff, and parents.
``(b) Eligible Partnerships.--For the purpose of this part, the
term `eligible partnership' means a partnership consisting of--
``(1) a local educational agency, a subunit of such agency, or
a consortium of such agencies, in which not less than 50 percent of
the schools served by such agency, subunit, or consortium are
eligible to participate in schoolwide programs under section 1114;
or
``(2) other partners that--
``(A) shall include, at a minimum, a teachers' union (if
appropriate), one or more institutions of higher education
which may include faculty from schools of education and faculty
from schools of arts and sciences, and a local parent or
community council; and
``(B) may include a business partner or a nonprofit
organization with a demonstrated record in staff development.
``SEC. 2303. GRANTS.
``(a) Authority.--
``(1) In general.--The Secretary shall award grants for
planning, and grants for the implementation of, professional
development programs under this part.
``(2) Distribution.--The Secretary shall award not less than 75
percent of the funds available for grants under this part to
eligible partnerships serving the schools with the greatest number
of poor students. To the extent possible, such grants shall be
awarded to eligible partnerships serving both rural and urban
school districts and in a manner that reflects geographic and
racial diversity.
``(3) Number of grants.--In the first year that the Secretary
awards grants under this part, the Secretary shall award at least
twice as many planning grants as implementation grants in order to
receive well-developed plans for long-term funding under this part.
``(b) Grant Requirements.--
``(1) Duration.--The Secretary shall award--
``(A) planning grants under this part for a period of not
less than six months and not more than nine months; and
``(B) implementation grants under this part for a period of
four fiscal years.
``(2) Amount.--The Secretary shall award grants under this part
in an amount determined on the basis of the size of the program and
the level of investment the eligible partnership is making in
teacher development in the area served by the eligible partnership,
including local, State, and Federal funds and existing higher
education resources, except that no grant under this part shall
exceed $500,000 in any one fiscal year.
``SEC. 2304. PLAN.
``Each eligible partnership desiring assistance under this part
shall develop a plan for the program to be assisted under this part.
Such plan shall--
``(1) identify clearly how such plan will support an overall
systemic reform strategy giving special attention to the role of
teacher preparation for new standards and assessment;
``(2) describe the eligible partnership's instructional
objectives and how the professional development activities will
support such objectives;
``(3) specify the organizational arrangements and delivery
strategies to be used, such as teacher centers, professional
development schools, teacher networks, and academic alliances, as
well as the curriculum for teachers;
``(4) specify the commitments the local educational agencies,
teacher's union, institutions of higher education, or any other
entity participating in such partnership are prepared to make, not
only to support program activities such as release time,
contractual flexibility, support for interns or student teachers if
applicable, but also to sustain the central aspects of the plan
after the expiration of the grant; and
``(5) describe how the activities described under this part
will lead to districtwide policy and budget changes.
``SEC. 2305. TECHNICAL ASSISTANCE.
``The Secretary is authorized to enter into an arrangement with an
intermediary organization to enable such organization to provide
technical assistance to eligible partnerships receiving assistance
under this part.
``SEC. 2306. MATCHING FUNDS.
``The Secretary shall give special priority to awarding grants
under this part to eligible partnerships that demonstrate such
partnership's ability to raise matching funds from private sources.
``PART D--GENERAL PROVISIONS
``SEC. 2401. REPORTING AND ACCOUNTABILITY.
``(a) States.--Each State that receives funds under this part shall
submit a report to the Secretary every three years, beginning with
fiscal year 1997, on the State's progress toward the performance
indicators identified in such State's plan, as well as on the
effectiveness of State and local activities assisted under this part.
``(b) Local Educational Agencies.--Each local educational agency
that receives funds under this part shall submit a report to the State
every three years, beginning with fiscal year 1997, regarding the
progress of such agency toward performance indicators identified in
such agency's local plan, as well as on the effectiveness of such
agency's activities under this part.
``(c) Federal Evaluation.--The Secretary shall report to the
President and the Congress on the effectiveness of programs and
activities assisted under this part in accordance with section 14701.
``(d) Prohibition on Funds Being Used for Construction or
Renovation.--Funds received under this part shall not be used for
construction or renovation of buildings, rooms, or any other
facilities.
``SEC. 2402. DEFINITIONS.
``As used in this part--
``(1) the term `core academic subjects' means those subjects
listed in the State plan under title III of the Goals 2000: Educate
America Act or under the third National Education Goal as set forth
in section 102(3) of such Act;
``(2) the term `performance indicators' means measures of
specific outcomes that the State or local educational agency
identifies as assessing progress toward the goal of ensuring that
all teachers have the knowledge and skills necessary to assist
their students to meet challenging State content standards and
challenging State student performance standards in the core
academic subjects, such as--
``(A) the degree to which licensure requirements are tied
to challenging State content standards and challenging State
student performance standards;
``(B) specific increases in the number of elementary and
secondary teachers with strong content backgrounds in the core
academic subjects;
``(C) incorporating effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited English proficient individuals, and
economically disadvantaged individuals, in order to ensure that
all students have the opportunity to achieve challenging
student performance standards;
``(D) specific increases in the number of teachers who are
certified by the National Board for Professional Teaching
Standards or other nationally recognized professional teacher
enhancement organizations; and
``(E) specific increases in the number of teachers licensed
in each core academic subject;
``(3) the term `sustained and intensive high-quality
professional development' means professional development activities
that--
``(A) are tied to challenging State content standards,
challenging State student performance standards, voluntary
national content standards or voluntary national student
performance standards;
``(B) reflect up-to-date research in teaching and learning
and include integrated content and pedagogical components
appropriate for students with diverse learning needs;
``(C) incorporate effective strategies, techniques,
methods, and practices for meeting the educational needs of
diverse students, including females, minorities, individuals
with disabilities, limited English proficient individuals, and
economically disadvantaged individuals, in order to ensure that
all students have the opportunity to achieve challenging
student performance standards;
``(D) are of sufficient intensity and duration to have a
positive and lasting impact on the teacher's performance in the
classroom or the administrator's performance on the job; and
``(E) recognize teachers as an important source of
knowledge that should inform and help shape professional
development; and
``(4) the term `local', when used with respect to standards,
means challenging content and student performance standards in the
core academic subjects (in addition to challenging State content
and student performance standards approved by the State for title
I).
``TITLE III--TECHNOLOGY FOR EDUCATION
``SEC. 3101. SHORT TITLE.
``This title may be cited as the `Technology for Education Act of
1994'.
``PART A--TECHNOLOGY FOR EDUCATION OF ALL STUDENTS
``SEC. 3111. FINDINGS.
``The Congress finds that--
``(1) technology can produce far greater opportunities for all
students to learn to high standards, promote efficiency and
effectiveness in education, and help propel our Nation's school
systems into very immediate and dramatic reform, without which our
Nation will not meet the National Education Goals by the target
year 2000;
``(2) the use of technology as a tool in the teaching and
learning process is essential to the development and maintenance of
a technologically literate citizenry and an internationally
competitive workforce;
``(3) the acquisition and use of technology in education
throughout the United States has been inhibited by--
``(A) the absence of Federal leadership;
``(B) the inability of many State and local educational
agencies to invest in and support needed technologies;
``(C) the limited exposure of students and teachers to the
power of technology as a cost-effective tool to improve student
learning and achievement;
``(D) the lack of appropriate electrical and telephone
connections in the classroom; and
``(E) the limited availability of appropriate technology-
enhanced curriculum, instruction, professional development, and
administrative support resources and services in the
educational marketplace;
``(4) policies at the Federal, State, and local levels
concerning technology in education must address disparities in the
availability of technology to different groups of students, give
priority to serving students in greatest need, and recognize that
educational telecommunications and technology can address
educational equalization concerns and school restructuring needs by
providing universal access to high-quality teaching and programs,
particularly in urban and rural areas;
``(5) the increasing use of new technologies and
telecommunications systems in business has increased the gap
between schooling and work force preparation, and underscores the
need for technology policies at the Federal, State, tribal, and
local levels that address preparation for school-to-work
transitions;
``(6) technology can enhance the ongoing professional
development of teachers and administrators by providing constant
access to updated research in teaching and learning by means of
telecommunications, and, through exposure to technology
advancements, keep teachers and administrators excited and
knowledgeable about unfolding opportunities for the classroom;
``(7) planned and creative uses of technology, combined with
teachers adequately trained in the use of technology, can reshape
our Nation's traditional method of providing education and empower
teachers to create an environment in which students are challenged
through rigorous, rich classroom instruction provided at a pace
suited to each student's learning style, and in which students have
increased opportunities to develop higher order thinking and
technical skills;
``(8) schools need new ways of financing the acquisition and
maintenance of educational technology;
``(9) the needs for educational technology differ from State to
State;
``(10) technology can provide students, parents, teachers,
other education professionals, communities, and industry with
increased opportunities for partnerships and with increased access
to information, instruction, and educational services in schools
and other settings, including homes, libraries, preschool and
child-care facilities, adult and family education programs, and
postsecondary institutions;
``(11) the Department, consistent with the overall national
technology policy established by the President, must assume a vital
leadership and coordinating role in developing the national vision
and strategy to infuse advanced technology throughout all
educational programs;
``(12) Federal support can ease the burden at the State and
local levels by enabling the acquisition of advanced technology and
initiating the development of teacher training and support as well
as new educational products;
``(13) leadership at the Federal level should consider
guidelines to ensure that educational technology is accessible to
all users with maximum interoperability nationwide;
``(14) the rapidly changing nature of technology requires
coordination and flexibility in Federal leadership; and
``(15) technology has the potential to assist and support the
improvement of teaching and learning in schools and other settings.
``SEC. 3112. STATEMENT OF PURPOSE.
``The purpose of this part is to support a comprehensive system for
the acquisition and use by elementary and secondary schools in the
United States of technology and technology-enhanced curricula,
instruction, and administrative support resources and services to
improve the delivery of educational services. Such system shall
include--
``(1) national leadership with respect to the need for, and the
provision of, appropriate technology-enhanced curriculum,
instruction, and administrative programs to improve learning in the
United States, and to promote equal access for all students to
educational opportunities in order to achieve the National
Education Goals by the year 2000;
``(2) funding mechanisms which will support the development,
interconnection, implementation, improvement, and maintenance of an
effective educational technology infrastructure, including
activities undertaken by State and local educational agencies to
promote and provide equipment, training for teachers and school
library and media personnel, and technical support;
``(3) support for technical assistance, professional
development, information and resource dissemination, in order to
help States, local educational agencies, teachers, school library
and media personnel, and administrators successfully integrate
technology into kindergarten through 12th grade classrooms and
library media centers;
``(4) support for the development of educational and
instructional programming in core subject areas, which shall
address the National Education Goals;
``(5) strengthening and building upon, but not duplicating,
existing telecommunications infrastructures dedicated to
educational purposes;
``(6) development and evaluation of new and emerging
educational technologies, telecommunications networks, and state-
of-the-art educational technology products that promote the use of
advanced technologies in the classroom and school library media
center;
``(7) assessment data regarding state-of-the-art uses of
technologies in United States education upon which commercial and
noncommercial telecommunications entities, and governments can rely
for decisionmaking about the need for, and provision of,
appropriate technologies for education in the United States;
``(8) ensuring that uses of educational technology are
consistent with the overall national technology policy established
by the President, and ensuring that Federal technology-related
policies and programs will facilitate the use of technology in
education;
``(9) ensuring that activities supported under this part will
form the basis for sound State and local decisions about investing
in, sustaining, and expanding uses of technology in education;
``(10) establishing 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;
``(11) ensuring that, as technological advances are made, the
educational uses of these advances are considered and their
applications are developed; and
``(12) encouragement of collaborative relationships among the
State agency for higher education, the State library administrative
agency, the State telecommunications agency, and the State
educational agency, in the area of technology support to strengthen
the system of education.
``SEC. 3113. DEFINITIONS.
``For purposes of this title--
``(1) the term `adult education' has the same meaning given
such term by section 312 of the Adult Education Act;
``(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 `information infrastructure' means a network of
communication systems designed to exchange information among all
citizens and residents of the United States;
``(4) the term `instructional programming' means the full range
of audio and video data, text, graphics, or additional state-of-
the-art communications, including multimedia based resources
distributed through interactive, command and control, or passive
methods for the purpose of education and instruction;
``(5) the terms `interoperable' and `interoperability' mean the
ability to exchange easily data with, and connect to, other
hardware and software in order to provide the greatest
accessibility for all students and other users;
``(6) the term `Office' means the Office of Educational
Technology;
``(7) the term `public telecommunications entity' has the same
meaning given to such term by section 397(12) of the Communications
Act of 1934;
``(8) the term `regional educational laboratory' means a
regional educational laboratory supported under section 941(h) of
the Educational, Research, Development, Dissemination, and
Improvement Act of 1994;
``(9) the term `State educational agency' includes the Bureau
of Indian Affairs for purposes of serving schools funded by the
Bureau of Indian Affairs in accordance with this part;
``(10) the term `State library administrative agency' has the
same meaning given to such term in section 3 of the Library
Services and Construction Act; and
``(11) the term `technology' means state-of-the-art technology
products and services, such as closed circuit television systems,
educational television and radio programs and services, cable
television, satellite, copper and fiber optic transmission,
computer hardware and software, video and audio laser and CD-ROM
discs, and video and audio tapes.
``SEC. 3114. AUTHORIZATION OF APPROPRIATIONS; FUNDING RULE.
``(a) Authorization of Appropriations.--
``(1) Subparts 1, 2, and 3.--There are authorized to be
appropriated $200,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the four succeeding fiscal years to carry
out subparts 1, 2, and 3, of which--
``(A)(i) $3,000,000 shall be available to carry out subpart
1 (National Programs for Technology in Education) for any such
year for which the amount appropriated under this subsection is
less than $75,000,000; and
``(ii) $5,000,000 shall be available to carry out subpart 1
for any such year for which the amount appropriated under this
subsection is equal to or greater than $75,000,000;
``(B) $10,000,000 shall be available to carry out subpart 3
(Regional Technical Support and Professional Development) for
each such year; and
``(C) the remainder shall be available to carry out subpart
2 (State and Local Programs for School Technology Resources)
for each such year.
``(2) Subpart 4.--For the purpose of carrying out subpart 4,
there are authorized to be appropriated $50,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
``(b) Funding Rule.--
``(1) Appropriations of less than $75,000,000.--For any fiscal
year for which the amount appropriated under subsection (a)(1) is
less than $75,000,000, from the remainder of funds made available
under subsection (a)(1)(C) the Secretary shall award grants for the
National Challenge Grants in accordance with section 3136.
``(2) Appropriations equal to or greater than $75,000,000.--For
any fiscal year for which the amount appropriated under subsection
(a)(1) is equal to or greater than $75,000,000, from the remainder
of funds made available under subsection (a)(1)(C) the Secretary
shall award grants to State educational agencies from allotments
under section 3131, except that the Secretary may reserve, from
such remainder, such funds as the Secretary determines necessary to
meet outstanding obligations for such fiscal year to continue the
National Challenge Grants for Technology awarded under section
3136.
``SEC. 3115. LIMITATION ON COSTS.
``Not more than 5 percent of the funds under this part that are
made available to a recipient of funds under this part for any fiscal
year may be used by such recipient for administrative costs or
technical assistance.
``Subpart 1--National Programs for Technology in Education
``SEC. 3121. NATIONAL LONG-RANGE TECHNOLOGY PLAN.
``(a) In General.--The Secretary shall develop and publish not
later than 12 months after the date of the enactment of the Improving
America's Schools Act of 1994, 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.
``(b) Plan Requirements.--The Secretary shall--
``(1) 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
applications of technology to education, representatives of
distance learning consortia, representatives of telecommunications
partnerships receiving assistance under the Star Schools Act, and
providers of technology services and products;
``(2) transmit such plan to the President and to the
appropriate committees of the Congress; and
``(3) publish such plan in a form that is readily accessible to
the public.
``(c) Contents of the Plan.--The national long-range plan shall
describe the Secretary's activities to promote the purposes of this
title, including--
``(1) how the Secretary will encourage the effective use of
technology to provide all students the opportunity to achieve State
content standards and State student performance standards,
especially through programs administered by the Department;
``(2) 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 Institute for Literacy, the National Aeronautics and
Space Administration, the National Science Foundation, the Bureau
of Indian Affairs, and the Departments of Commerce, Energy, Health
and Human Services, and Labor--
``(A) to promote the use of technology in education,
training, and lifelong learning, including plans for the
educational uses of a national information infrastructure; and
``(B) to ensure that the policies and programs of such
departments or agencies facilitate the use of technology for
educational purposes, to the extent feasible;
``(3) 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;
``(4) how the Secretary will promote--
``(A) higher achievement of all students through the
integration of technology into the curriculum;
``(B) increased access to the benefits of technology for
teaching and learning for schools with a high number or
percentage of children from low-income families;
``(C) the use of technology to assist in the implementation
of State systemic reform strategies;
``(D) the application of technological advances to use in
education;
``(E) increased access to high quality adult and family
education services through the use of technology for
instruction and professional development; and
``(F) increased opportunities for the professional
development of teachers in the use of new technologies;
``(5) 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;
``(6) how the Secretary will promote the exchange of
information among States, local educational agencies, schools,
consortia, and other entities concerning the effective use of
technology in education;
``(7) how the Secretary will utilize the outcomes of the
evaluation undertaken pursuant to section 3123 to promote the
purposes of this part; and
``(8) the Secretary's long-range measurable goals and
objectives relating to the purposes of this part.
``SEC. 3122. FEDERAL LEADERSHIP.
``(a) Program Authorized.--In order to provide Federal leadership
in promoting the use of technology in education, the Secretary, in
consultation with the National Science Foundation, the Department of
Commerce, the United States National Commission on Libraries and
Information Sciences, and other appropriate Federal agencies, may carry
out activities designed to achieve the purposes of this part directly
or by awarding grants or contracts competitively and pursuant to a peer
review process to, or entering into contracts with, State educational
agencies, local educational agencies, institutions of higher education,
or other public and private nonprofit or for-profit agencies and
organizations.
``(b) Assistance.--
``(1) In general.--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 317 of the Goals 2000:
Educate America Act.
``(2) Other federal agencies.--For the purpose of carrying out
coordinated or joint activities consistent with the purposes of
this part, the Secretary may accept funds from, and transfer funds
to, other Federal agencies.
``(c) Uses of Funds.--The Secretary shall use funds made available
to carry out this section for activities designed to carry out the
purpose of this part, such as--
``(1) providing assistance to technical assistance providers to
enable such providers to improve substantially the services such
providers offer to educators regarding the uses of technology for
education, including professional development;
``(2) providing development grants to technical assistance
providers, to enable such providers to improve substantially the
services such providers offer to educators on the educational uses
of technology, including professional development;
``(3) consulting with representatives of industry, elementary
and secondary education, higher education, adult and family
education, and appropriate experts in technology and educational
applications of technology in carrying out activities under this
subpart;
``(4) research on, and the development of, guidelines to
facilitate maximum interoperability, efficiency and easy exchange
of data for effective use of technology in education;
``(5) research on, and the development of, applications for
education of the most advanced and newly emerging technologies
which research shall be coordinated, when appropriate, with the
Office of Educational Research and Improvement, and other Federal
agencies;
``(6) the development, demonstration, and evaluation of the
educational aspects of high performance computing and
communications technologies and of the national information
infrastructure, in providing professional development for teachers,
school librarians, and other educators; enriching academic
curricula for elementary and secondary schools; facilitating
communications among schools, local educational agencies,
libraries, parents, and local communities and in other such areas
as the Secretary deems appropriate;
``(7) 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;
``(8) 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, State content standards and State student
performance standards;
``(9) the development, demonstration, and evaluation of model
strategies for preparing teachers and other personnel to use
technology effectively to improve teaching and learning;
``(10) the development of model programs that demonstrate the
educational effectiveness of technology in urban and rural areas
and economically distressed communities;
``(11) research on, and the evaluation of, the effectiveness
and benefits of technology in education;
``(12) a biennial 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, tribal, 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;
``(13) conferences on, and dissemination of information
regarding, the uses of technology in education;
``(14) the development of model strategies to promote gender
equity concerning access to, and the use of, technology in the
classroom;
``(15) encouraging collaboration between the Department and
other Federal agencies in the development, implementation,
evaluation and funding of applications of technology for education,
as appropriate; and
``(16) such other activities as the Secretary determines will
meet the purposes of this subpart.
``(d) Non-Federal Share.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Secretary may require any recipient of a grant or contract under
this section 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.
``(2) Increase.--The Secretary may increase the non-Federal
share that is required of a recipient of a grant or contract under
this section after the first year such recipient receives funds
under such grant or contract.
``(3) 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 section.
``SEC. 3123. STUDY, EVALUATION AND REPORT OF FUNDING ALTERNATIVES.
``The Secretary, through the Office of Educational Technology,
shall conduct a study to evaluate, and report to the Congress on, the
feasibility of several alternative models for providing sustained and
adequate funding for schools throughout the United States so that such
schools are able to acquire and maintain technology-enhanced
curriculum, instruction, and administrative support resources and
services. Such report shall be submitted to the Congress not later than
one year after the date of enactment of the Improving America's Schools
Act of 1994.
``Subpart 2--State and Local Programs for School Technology Resources
``SEC. 3131. ALLOTMENT AND REALLOTMENT.
``(a) Allotment.--
``(1) In general.--Except as provided in paragraph (2), each
State educational agency shall be eligible to receive a grant under
this subpart for a fiscal year in an amount which bears the same
relationship to the amount made available under section
3114(a)(1)(C) for such year as the amount such State received under
part A of title I for such year bears to the amount received for
such year under such part by all States.
``(2) Minimum.--No State educational agency shall be eligible
to receive a grant under paragraph (1) in any fiscal year in an
amount which is less than one-half of one percent of the amount
made available under section 3115(a)(1)(C) for such year.
``(b) Reallotment of Unused Funds.--
``(1) In general.--The amount of any State educational agency's
allotment under subsection (a) for any fiscal year which the
Secretary determines will not be required for such fiscal year to
carry out this subpart shall be available for reallotment from time
to time, on such dates during such year as the Secretary may
determine, to other State educational agencies in proportion to the
original allotments to such State educational agencies under
subsection (a) for such year, but with such proportionate amount
for any of such other State educational agencies being reduced to
the extent such amount exceeds the sum the Secretary estimates such
State needs and will be able to use for such year.
``(2) Other reallotments.--The total of reductions under
paragraph (1) 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 such
agencies allotment under subsection (a) for such year.
``SEC. 3132. SCHOOL TECHNOLOGY RESOURCE GRANTS.
``(a) Grants to States.--
``(1) In general.--From amounts made available under section
3131, the Secretary, through the Office of Educational Technology,
shall award grants to State educational agencies having
applications approved under section 3133.
``(2) Use of grants.--(A) Each State educational agency
receiving a grant under paragraph (1) shall use such grant funds to
award grants, on a competitive basis, to local educational agencies
to enable such local educational agencies to carry out the
activities described in section 3134.
``(B) In awarding grants under subparagraph (A), each State
educational agency shall ensure that each such grant is of
sufficient duration, and of sufficient size, scope, and quality, to
carry out the purposes of this part effectively.
``(b) Technical Assistance.--Each State educational agency
receiving a grant under paragraph (1) shall--
``(1) identify the local educational agencies served by the
State educational agency that--
``(A) have the highest number or percentage of children in
poverty; and
``(B) demonstrate to such State educational agency the
greatest need for technical assistance in developing the
application under section 3133; and
``(2) offer such technical assistance to such local educational
agencies.
``SEC. 3133. STATE APPLICATION.
``To receive funds under this subpart, each State educational
agency shall submit a statewide educational technology plan which may
include plans submitted under the Goals 2000: Educate America Act or
other statewide technology plans which meet the requirements of this
section. Such application shall be submitted to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require. Each such application shall contain a
systemic statewide plan that--
``(1) outlines long-term strategies for financing technology
education in the State and describes how business, industry, and
other public and private agencies, including libraries, library
literacy programs, and institutions of higher education, can
participate in the implementation, ongoing planning, and support of
the plan; and
``(2) meets such other criteria as the Secretary may establish
in order to enable such agency to provide assistance to local
educational agencies that have the highest numbers or percentages
of children in poverty and demonstrate the greatest need for
technology, in order to enable such local educational agencies, for
the benefit of school sites served by such local educational
agencies, to carry out activities such as--
``(A) purchasing quality technology resources;
``(B) installing various linkages necessary to acquire
connectivity;
``(C) integrating technology into the curriculum in order
to improve student learning and achievement;
``(D) providing teachers and library media personnel with
training or access to training;
``(E) providing administrative and technical support and
services that improve student learning through enriched
technology-enhanced resources, including library media
resources;
``(F) promoting in individual schools the sharing,
distribution, and application of educational technologies with
demonstrated effectiveness;
``(G) assisting schools in promoting parent involvement;
``(H) assisting the community in providing literacy-related
services;
``(I) establishing partnerships with private or public
educational providers or other entities to serve the needs of
children in poverty; and
``(J) providing assurances that financial assistance
provided under this part shall supplement, not supplant, State
and local funds.
``SEC. 3134. LOCAL USES OF FUNDS.
``Each local educational agency, to the extent possible, shall use
the funds made available under section 3132(a)(2) for--
``(1) developing, adapting, or expanding existing and new
applications of technology to support the school reform effort;
``(2) funding projects of sufficient size and scope to improve
student learning and, as appropriate, support professional
development, and provide administrative support;
``(3) acquiring connectivity linkages, resources, and services,
including the acquisition of hardware and software, for use by
teachers, students and school library media personnel in the
classroom or in school library media centers, in order to improve
student learning by supporting the instructional program offered by
such agency to ensure that students in schools will have meaningful
access on a regular basis to such linkages, resources and services;
``(4) providing ongoing professional development in the
integration of quality educational technologies into school
curriculum and long-term planning for implementing educational
technologies;
``(5) acquiring connectivity with wide area networks for
purposes of accessing information and educational programming
sources, particularly with institutions of higher education and
public libraries; and
``(6) providing educational services for adults and families.
``SEC. 3135. LOCAL APPLICATIONS.
``Each local educational agency desiring assistance from a State
educational agency under section 3132(a)(2) shall submit an
application, consistent with the objectives of the systemic statewide
plan, to the State educational agency at such time, in such manner and
accompanied by such information as the State educational agency may
reasonably require. Such application, at a minimum, shall--
``(1) include a strategic, long-range (three- to five-year),
plan that includes--
``(A) a description of the type of technologies to be
acquired, including specific provisions for interoperability
among components of such technologies and, to the extent
practicable, with existing technologies;
``(B) an explanation of how the acquired technologies will
be integrated into the curriculum to help the local educational
agency enhance teaching, training, and student achievement;
``(C) an explanation of how programs will be developed in
collaboration with existing adult literacy services providers
to maximize the use of such technologies;
``(D)(i) a description of how the local educational agency
will ensure ongoing, sustained professional development for
teachers, administrators, and school library media personnel
served by the local educational agency to further the use of
technology in the classroom or library media center; and
``(ii) a list of the source or sources of ongoing training
and technical assistance available to schools, teachers and
administrators served by the local educational agency, such as
State technology offices, intermediate educational support
units, regional educational laboratories or institutions of
higher education;
``(E) a description of the supporting resources, such as
services, software and print resources, which will be acquired
to ensure successful and effective use of technologies acquired
under this section;
``(F) the projected timetable for implementing such plan in
schools;
``(G) the projected cost of technologies to be acquired and
related expenses needed to implement such plan; and
``(H) a description of how the local educational agency
will coordinate the technology provided pursuant to this
subpart with other grant funds available for technology from
State and local sources;
``(2) describe how the local educational agency will involve
parents, public libraries, business leaders and community leaders
in the development of such plan;
``(3) describe how the acquired instructionally based
technologies will help the local educational agency--
``(A) promote equity in education in order to support State
content standards and State student performance standards that
may be developed; and
``(B) provide access for teachers, parents and students to
the best teaching practices and curriculum resources through
technology; and
``(4) describe a process for the ongoing evaluation of how
technologies acquired under this section--
``(A) will be integrated into the school curriculum; and
``(B) will affect student achievement and progress toward
meeting the National Education Goals and any challenging State
content standards and State student performance standards that
may be developed.
``(d) Formation of Consortia.--A local educational agency for any
fiscal year may apply for financial assistance as part of a consortium
with other local educational agencies, institutions of higher
education, intermediate educational units, libraries, or other
educational entities appropriate to provide local programs. The State
educational agency may assist in the formation of consortia among local
educational agencies, providers of educational services for adults and
families, institutions of higher education, intermediate educational
units, libraries, or other appropriate educational entities to provide
services for the teachers and students in a local educational agency at
the request of such local educational agency.
``(e) Coordination of Application Requirements.--If a local
educational agency submitting an application for assistance under this
section has developed a comprehensive education improvement plan, in
conjunction with requirements under this Act or the Goals 2000: Educate
America Act, the State educational agency may approve such plan, or a
component of such plan, notwithstanding the requirements of subsection
(e) if the State educational agency determines that such approval would
further the purposes of this subpart.
``SEC. 3136. NATIONAL CHALLENGE GRANTS FOR TECHNOLOGY IN EDUCATION.
``(a) Grants Authorized.--
``(1) In general.--From amounts made available under section
3115(b)(1) for any fiscal year the Secretary is authorized to award
grants, on a competitive basis, to consortia having applications
approved under subsection (d), which consortia shall include at
least one local educational agency with a high percentage or number
of children living below the poverty line and may include other
local educational agencies, State educational agencies,
institutions of higher education, businesses, academic content
experts, software designers, museums, libraries, or other
appropriate entities.
``(2) Duration.--Grants under this section shall be awarded for
a period of 5 years.
``(b) Use of Grants.--Grants awarded under subsection (a) shall be
used for activities similar to the activities described in section
3134.
``(c) Priority.--In awarding grants under this section, the
Secretary shall give priority to consortia which demonstrate in the
application submitted under subsection (d) that--
``(1) the project for which assistance is sought is designed to
serve areas with a high number or percentage of disadvantaged
students or the greatest need for educational technology;
``(2) the project will directly benefit students by, for
example, integrating the acquired technologies into curriculum to
help the local educational agency enhance teaching, training, and
student achievement;
``(3) the project will ensure ongoing, sustained professional
development for teachers, administrators, and school library media
personnel served by the local educational agency to further the use
of technology in the classroom or library media center;
``(4) the project will ensure successful, effective, and
sustainable use of technologies acquired under this subsection; and
``(5) members of the consortia or other appropriate entities
will contribute substantial financial and other resources to
achieve the goals of the project.
``(d) Application.--Each local educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
``SEC. 3137. FEDERAL ADMINISTRATION.
``(a) Evaluation Procedures.--The Secretary shall develop
procedures for State and local evaluations of the programs under this
subpart.
``(b) Evaluation Summary.--The Secretary shall submit to the
Congress four years after the enactment of the Improving America's
Schools Act of 1994 a summary of the State evaluations of programs
under this subpart in accordance with the provisions of section 14701.
Subpart 3--Regional Technical Support and Professional Development
``SEC. 3141. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL DEVELOPMENT.
``(a) Grants Authorized.--
``(1) Authority.--The Secretary, through the Office of
Educational Technology, shall make grants in accordance with the
provisions of this section, to regional entities such as the
Eisenhower Mathematics and Science Regional Consortia under part C
of title XIII, the regional education laboratories, the
comprehensive regional assistance centers, or such other regional
entities as may be designated or established by the Secretary. In
awarding grants under this section, the Secretary shall give
priority to such consortia and shall ensure that each geographic
region of the United States shall be served by such a consortium.
``(2) Requirements.--Each consortium receiving a grant under
this section shall--
``(A) be composed of State educational agencies,
institutions of higher education, nonprofit organizations, or a
combination thereof;
``(B) in cooperation with State and local educational
agencies, develop a regional program that addresses
professional development, technical assistance, and information
resource dissemination, with special emphasis on meeting the
documented needs of educators and learners in the region; and
``(C) foster regional cooperation and resource and
coursework sharing.
``(b) Functions.--
``(1) Technical assistance.--Each consortium receiving a grant
under this section shall, to the extent practicable--
``(A) collaborate with State educational agencies and local
educational agencies requesting collaboration, particularly in
the development of strategies for assisting those schools with
the highest numbers or percentages of disadvantaged students
with little or no access to technology in the classroom;
``(B) provide information, in coordination with information
available from the Secretary, to State educational agencies,
local educational agencies, schools and adult education
programs, on the types and features of various educational
technology equipment and software available, evaluate and make
recommendations on equipment and software that support the
National Education Goals and are suited for a school's
particular needs, and compile and share information regarding
creative and effective applications of technology in the
classroom and school library media centers in order to support
the purposes of this part;
``(C) collaborate with such State educational agencies,
local educational agencies, or schools requesting to
participate in the tailoring of software programs and other
supporting materials to meet challenging State content
standards or challenging State student performance standards
that may be developed; and
``(D) provide technical assistance to facilitate use of the
electronic dissemination networks by State and local
educational agencies and schools throughout the region.
``(2) Professional development.--Each consortium receiving a
grant under this section shall, to the extent practicable--
``(A) develop and implement, in collaboration with State
educational agencies and institutions of higher education,
technology-specific, ongoing professional development, such
as--
``(i) intensive school year and summer workshops that
use teachers, school librarians, and school library
personnel to train other teachers, school librarians, and
other school library media personnel; and
``(ii) distance professional development, including--
``(I) interactive training tele-courses using
researchers, educators, and telecommunications
personnel who have experience in developing,
implementing, or operating educational and
instructional technology as a learning tool;
``(II) onsite courses teaching teachers to use
educational and instructional technology and to develop
their own instructional materials for effectively
incorporating technology and programming in their own
classrooms;
``(III) methods for successful integration of
instructional technology into the curriculum in order
to improve student learning and achievement;
``(IV) video conferences and seminars which offer
professional development through peer interaction with
experts as well as other teachers using technologies in
their classrooms; and
``(V) mobile education technology and training
resources;
``(B) develop training resources that--
``(i) are relevant to the needs of the region and
schools within the region;
``(ii) are relevant to the needs of adult literacy
staff and volunteers, including onsite courses on how to--
``(I) use instructional technology; and
``(II) develop instructional materials for adult
learning; and
``(iii) are aligned with the needs of teachers and
administrators in the region;
``(C) establish a repository of professional development
and technical assistance resources;
``(D) identify and link technical assistance providers to
State and local educational agencies, as needed;
``(E) ensure that training, professional development, and
technical assistance meet the needs of educators, parents, and
students served by the region;
``(F) assist colleges and universities within the region to
develop and implement preservice training programs for students
enrolled in teacher education programs; and
``(G) assist local educational agencies and schools in
working with community members and parents to develop support
from communities and parents for educational technology
programs and projects.
``(3) Information and resource dissemination.--Each consortium
receiving a grant under this section shall, to the extent
practicable--
``(A) assist State and local educational agencies in the
identification and procurement of financial, technological and
human resources needed to implement technology plans;
``(B) provide outreach and, at the request of a State or
local educational agency, work with such agency to assist in
the development and validation of instructionally based
technology education resources; and
``(C) coordinate activities and establish partnerships with
organizations and institutions of higher education that
represent the interests of the region as such interests pertain
to the application of technology in teaching, learning,
instructional management, dissemination, collection and
distribution of educational statistics, and the transfer of
student information.
``(4) Coordination.--Each consortium receiving a grant under
this section shall work collaboratively, and coordinate the
services the consortium provides, with appropriate regional and
other entities assisted in whole or in part by the Department.
``Subpart 4--Product Development
``SEC. 3151. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.
``(a) Purpose.--It is the purpose of this subpart to--
``(1) support development of curriculum-based learning
resources using state-of-the-art technologies and techniques
designed to improve student learning; and
``(2) support development of long-term comprehensive
instructional programming and associated support resources that
ensure maximum access by all educational institutions.
``(b) Federal Assistance Authorized.--
``(1) In general.--The Secretary shall provide assistance, on a
competitive basis, to eligible consortia to enable such entities to
develop, produce, and distribute state-of-the-art technology-
enhanced instructional resources and programming for use in the
classroom or to support professional development for teachers.
``(2) Grants and loans authorized.--In carrying out the
purposes of this section, the Secretary is authorized to pay the
Federal share of the cost of the development, production, and
distribution of state-of-the-art technology enhanced instructional
resources and programming--
``(A) by awarding grants to, or entering into contracts or
cooperative agreements with, eligible consortia; or
``(B) by awarding loans to eligible consortia which--
``(i) shall be secured in such manner and be repaid
within such period, not exceeding 20 years, as may be
determined by the Secretary;
``(ii) shall bear interest at a rate determined by the
Secretary which shall be not more than the total of one-
quarter of 1 percent per annum added to the rate of
interest paid by the Secretary on funds obtained from the
Secretary of the Treasury; and
``(iii) may be forgiven by the Secretary, in an amount
not to exceed 25 percent of the total loan, under such
terms and conditions as the Secretary may consider
appropriate.
``(3) Matching requirement.--The Secretary may require any
recipient of a grant or contract under this subpart 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.
``(4) Eligible consortium.--For the purpose of this subsection,
the term `eligible consortium' means a consortium--
``(A) that shall include--
``(i) a State or local educational agency; and
``(ii) a business, industry, or telecommunications
entity; and
``(B) that may include--
``(i) a public or private nonprofit organization; or
``(ii) a postsecondary institution.
``(5) Priorities.--In awarding assistance under this section,
the Secretary shall give priority to applications describing
programs or systems that--
``(A) promote the acquisition of higher-order thinking
skills and promise to raise the achievement levels of all
students, particularly disadvantaged students who are not
realizing their potential;
``(B) are aligned with challenging State content standards
and State and local curriculum frameworks;
``(C) may be adapted and applied nationally at a reasonable
cost over a broad technology platform;
``(D) convert technology resources developed with support
from the Department of Defense and other Federal agencies for
effective use in the classroom;
``(E) show promise of reducing the costs of providing high-
quality instruction;
``(F) show promise of expanding access to high-quality
instruction in content areas which would otherwise not be
available to students in rural and urban communities or who are
served by other educational agencies with limited financial
resources;
``(G) are developed in consultation with classroom
teachers;
``(H) are developed through consultation and collaboration
with appropriate education entities in designing the product to
ensure relevance to the voluntary national content standards,
the voluntary national student performance standards and State
curriculum frameworks; and
``(I) are developed so that the product can be adapted for
use by adults in need of literacy services, including English
as a second language and preparation for a secondary school
diploma or its recognized equivalent.
``(6) Requirements for federal assistance.--Each eligible
consortium desiring Federal assistance under this section shall
submit an application to the Secretary at such time and in such
manner as the Secretary may prescribe. Each application shall
include--
``(A) a description of how the product will improve the
achievement levels of students;
``(B) a description of how the activities assisted under
this section will promote professional development of teachers
and administrators in the uses and applications of the product,
including the development of training materials;
``(C) a description of design, development, field testing,
evaluation, and distribution of products, where appropriate;
``(D) an assurance that the product shall effectively serve
a significant number or percentage of economically
disadvantaged students;
``(E) plans for dissemination of products to a wide
audience of learners;
``(F) a description of how the product can be adapted for
use by students with disabilities including provisions for
closed captioning or descriptive video, where appropriate;
``(G) a description of how ownership and rights to the use
and marketing of any product developed by the consortium,
including intellectual property rights, will be allocated among
consortium participants; and
``(H) a description of the contributions, including
services and funds, to be made by each member of the
consortium, and how any revenues derived from the sale of any
product developed by the consortium shall be distributed.
``(c) Consumer Report.--The Secretary shall provide for the
independent evaluation of products developed under this section and
shall disseminate information about products developed pursuant to
provisions of this section to State and local educational agencies, and
other organizations or individuals that the Secretary determines to be
appropriate, through print and electronic media that are accessible to
the education community at large.
``(d) Proceeds.--The Secretary shall not prohibit an eligible
consortium or any of the members of such consortium from receiving
financial benefits from the distribution of any products resulting from
the assistance received under this section. Notwithstanding any other
provision of law, any profits or royalties received by a State
educational agency, local educational agency, or other nonprofit member
of an eligible consortium receiving assistance under this section shall
be used to support further development of curriculum-based learning
resources, services, and programming or to provide access to such
products for a wider audience.
``PART B--STAR SCHOOLS PROGRAM
``SEC. 3201. SHORT TITLE.
``This part may be cited as the `Star Schools Act'.
``SEC. 3202. FINDINGS.
``The Congress finds that--
``(1) the Star Schools program has helped to encourage the use
of distance learning strategies to serve multi-State regions
primarily by means of satellite and broadcast television;
``(2) in general, distance learning programs have been used
effectively to provide students in small, rural, and isolated
schools with courses and instruction, such as science and foreign
language instruction, that the local educational agency is not
otherwise able to provide; and
``(3) distance learning programs may also be used to--
``(A) provide students of all ages in all types of schools
and educational settings with greater access to high-quality
instruction in the full range of core academic subjects that
will enable such students to meet challenging, internationally
competitive, educational standards;
``(B) expand professional development opportunities for
teachers;
``(C) contribute to achievement of the National Education
Goals; and
``(D) expand learning opportunities for everyone.
``SEC. 3203. PURPOSE.
``It is the purpose of this part to encourage improved instruction
in mathematics, science, and foreign languages as well as other
subjects, such as literacy skills and vocational education, and to
serve underserved populations, including the disadvantaged, illiterate,
limited-English proficient, and individuals with disabilities, through
a star schools program under which grants are made to eligible
telecommunication partnerships to enable such partnerships to--
``(1) develop, construct, acquire, maintain and operate
telecommunications audio and visual facilities and equipment;
``(2) develop and acquire educational and instructional
programming; and
``(3) obtain technical assistance for the use of such
facilities and instructional programming.
``SEC. 3204. GRANTS AUTHORIZED.
``(a) Authority.--The Secretary, through the Office of Educational
Technology, is authorized to make grants, in accordance with the
provisions of this part, to eligible entities to pay the Federal share
of the cost of--
``(1) the development, construction, acquisition, maintenance
and operation of telecommunications facilities and equipment;
``(2) the development and acquisition of live, interactive
instructional programming;
``(3) the development and acquisition of preservice and
inservice teacher training programs based on established research
regarding teacher-to-teacher mentoring, effective skill transfer,
and ongoing, in-class instruction;
``(4) the establishment of teleconferencing facilities and
resources for making interactive training available to teachers;
``(5) obtaining technical assistance; and
``(6) the coordination of the design and connectivity of
telecommunications networks to reach the greatest number of
schools.
``(b) Duration.--
``(1) In general.--The Secretary shall award grants pursuant to
subsection (a) for a period of 5 years.
``(2) Renewal.--Grants awarded pursuant to subsection (a) may
be renewed for one additional three-year period.
``(c) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
$35,000,000 for fiscal year 1995, and such sums as may be necessary
for each of the four succeeding fiscal years, to carry out this
part.
``(2) Availability.--Funds appropriated pursuant to the
authority of subsection (a) shall remain available until expended.
``(d) Limitations.--
``(1) In general.--A grant under this section shall not
exceed--
``(A) five years in duration; and
``(B) $10,000,000 in any one fiscal year.
``(2) Instructional programming.--Not less than 25 percent of
the funds available to the Secretary in any fiscal year under this
part shall be used for the cost of instructional programming.
``(3) Special rule.--Not less than 50 percent of the funds
available in any fiscal year under this part shall be used for the
cost of facilities, equipment, teacher training or retraining,
technical assistance, or programming, for local educational
agencies which are eligible to receive assistance under part A of
title I.
``(e) Federal Share.--
``(1) In general.--The Federal share of the cost of projects
funded under this section shall not exceed--
``(A) 75 percent for the first and second years for which
an eligible telecommunications partnership receives a grant
under this part;
``(B) 60 percent for the third and fourth such years; and
``(C) 50 percent for the fifth such year.
``(2) Reduction or waiver.--The Secretary may reduce or waive
the requirement of the non-Federal share under paragraph (1) upon a
showing of financial hardship.
``(f) Authority To Accept Funds From Other Agencies.--The Secretary
is authorized to accept funds from other Federal departments or
agencies to carry out the purposes of this section, including funds for
the purchase of equipment.
``(g) Coordination.--The Department, the National Science
Foundation, the Department of Agriculture, the Department of Commerce,
and any other Federal department or agency operating a
telecommunications network for educational purposes, shall coordinate
the activities assisted under this part with the activities of such
department or agency relating to a telecommunications network for
educational purposes.
``(h) Closed Captioning and Descriptive Video.--Each entity
receiving funds under this part is encouraged to provide--
``(1) closed captioning of the verbal content of such program,
where appropriate, to be broadcast by way of line 21 of the
vertical blanking interval, or by way of comparable successor
technologies; and
``(2) descriptive video of the visual content of such program,
as appropriate.
``SEC. 3205. ELIGIBLE ENTITIES.
``(a) Eligible Entities.--
``(1) Required participation.--The Secretary may make a grant
under section 3204 to any eligible entity, if at least one local
educational agency is participating in the proposed project.
``(2) Eligible entity.--For the purpose of this part, the term
`eligible entity' may include--
``(A) a public agency or corporation established for the
purpose of developing and operating telecommunications networks
to enhance educational opportunities provided by educational
institutions, teacher training centers, and other entities,
except that any such agency or corporation shall represent the
interests of elementary and secondary schools that are eligible
to participate in the program under part A of title I; or
``(B) a partnership that will provide telecommunications
services and which includes 3 or more of the following
entities, at least 1 of which shall be an agency described in
clause (i) or (ii):
``(i) a local educational agency that serves a
significant number of elementary and secondary schools that
are eligible for assistance under part A of title I, or
elementary and secondary schools operated or funded for
Indian children by the Department of the Interior eligible
under section 1121(b)(2);
``(ii) a State educational agency;
``(iii) adult and family education programs;
``(iv) an institution of higher education or a State
higher education agency;
``(v) a teacher training center or academy that--
``(I) provides teacher pre-service and in-service
training; and
``(II) receives Federal financial assistance or has
been approved by a State agency;
``(vi) (I) a public or private entity with experience
and expertise in the planning and operation of a
telecommunications network, including entities involved in
telecommunications through satellite, cable, telephone, or
computer; or
``(II) a public broadcasting entity with such
experience; or
``(vii) a public or private elementary or secondary
school.
``(b) Special Rule.--An eligible entity receiving assistance under
this part shall be organized on a statewide or multistate basis.
``SEC. 3206. APPLICATIONS.
``(a) Applications Required.--Each eligible entity which desires to
receive a grant under section 3204 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) Star School Award Applications.--Each application submitted
pursuant to subsection (a) shall--
``(1) describe how the proposed project will assist in
achieving the National Education Goals, how such project will
assist all students to have an opportunity to learn to challenging
State standards, how such project will assist State and local
educational reform efforts, and how such project will contribute to
creating a high quality system of lifelong learning;
``(2) describe the telecommunications facilities and equipment
and technical assistance for which assistance is sought, which may
include--
``(A) the design, development, construction, acquisition,
maintenance and operation of State or multistate educational
telecommunications networks and technology resource centers;
``(B) microwave, fiber optics, cable, and satellite
transmission equipment or any combination thereof;
``(C) reception facilities;
``(D) satellite time;
``(E) production facilities;
``(F) other telecommunications equipment capable of serving
a wide geographic area;
``(G) the provision of training services to instructors who
will be using the facilities and equipment for which assistance
is sought, including training in using such facilities and
equipment and training in integrating programs into the
classroom curriculum; and
``(H) the development of educational and related
programming for use on a telecommunications network;
``(3) in the case of an application for assistance for
instructional programming, describe the types of programming which
will be developed to enhance instruction and training and provide
assurances that such programming will be designed in consultation
with professionals (including classroom teachers) who are experts
in the applicable subject matter and grade level;
``(4) describe how the eligible entity has engaged in
sufficient survey and analysis of the area to be served to ensure
that the services offered by the eligible entity will increase the
availability of courses of instruction in English, mathematics,
science, foreign languages, arts, history, geography, or other
disciplines;
``(5) describe the professional development policies for
teachers and other school personnel to be implemented to ensure the
effective use of the telecommunications facilities and equipment
for which assistance is sought;
``(6) describe the manner in which historically underserved
students (such as students from low-income families, limited
English proficient students, students with disabilities, or
students who have low literacy skills) and their families, will
participate in the benefits of the telecommunications facilities,
equipment, technical assistance, and programming assisted under
this part;
``(7) describe how existing telecommunications equipment,
facilities, and services, where available, will be used;
``(8) provide assurances that the financial interest of the
United States in the telecommunications facilities and equipment
will be protected for the useful life of such facilities and
equipment;
``(9) provide assurances that a significant portion of any
facilities and equipment, technical assistance, and programming for
which assistance is sought for elementary and secondary schools
will be made available to schools or local educational agencies
that have a high number or percentage of children eligible to be
counted under part A of title I;
``(10) provide assurances that the applicant will use the funds
provided under this part to supplement and not supplant funds
otherwise available for the purposes of this part;
``(11) if any member of the consortia receives assistance under
subpart 3 of part A, describe how funds received under this part
will be coordinated with funds received for educational technology
in the classroom under such section;
``(12) describe the activities or services for which assistance
is sought, such as--
``(A) providing facilities, equipment, training services,
and technical assistance;
``(B) making programs accessible to students with
disabilities through mechanisms such as closed captioning and
descriptive video services;
``(C) linking networks around issues of national importance
(such as elections) or to provide information about employment
opportunities, job training, or student and other social
service programs;
``(D) sharing curriculum resources between networks and
development of program guides which demonstrate cooperative,
cross-network listing of programs for specific curriculum
areas;
``(E) providing teacher and student support services
including classroom and training support materials which permit
student and teacher involvement in the live interactive
distance learning telecasts;
``(F) incorporating community resources such as libraries
and museums into instructional programs;
``(G) providing professional development for teachers,
including, as appropriate, training to early childhood
development and Head Start teachers and staff and vocational
education teachers and staff, and adult and family educators;
``(H) providing programs for adults to maximize the use of
telecommunications facilities and equipment;
``(I) providing teacher training on proposed or established
voluntary national content standards in mathematics and science
and other disciplines as such standards are developed; and
``(J) providing parent education programs during and after
the regular school day which reinforce a student's course of
study and actively involve parents in the learning process;
``(13) describe how the proposed project as a whole will be
financed and how arrangements for future financing will be
developed before the project expires;
``(14) provide an assurance that a significant portion of any
facilities, equipment, technical assistance, and programming for
which assistance is sought for elementary and secondary schools
will be made available to schools in local educational agencies
that have a high percentage of children counted for the purpose of
part A of title I;
``(15) provide an assurance that the applicant will provide
such information and cooperate in any evaluation that the Secretary
may conduct under this part; and
``(16) include such additional assurances as the Secretary may
reasonably require.
``(c) Priorities.--The Secretary, in approving applications for
grants authorized under section 3204, shall give priority to
applications describing projects that--
``(1) propose high-quality plans to assist in achieving one or
more of the National Education Goals, will provide instruction
consistent with State content standards, or will otherwise provide
significant and specific assistance to States and local educational
agencies undertaking systemic education reform;
``(2) will provide services to programs serving adults,
especially parents, with low levels of literacy;
``(3) will serve schools with significant numbers of children
counted for the purposes of part A of title I;
``(4) ensure that the eligible entity will--
``(A) serve the broadest range of institutions, programs
providing instruction outside of the school setting, programs
serving adults, especially parents, with low levels of
literacy, institutions of higher education, teacher training
centers, research institutes, and private industry;
``(B) have substantial academic and teaching capabilities,
including the capability of training, retraining, and inservice
upgrading of teaching skills and the capability to provide
professional development;
``(C) provide a comprehensive range of courses for
educators to teach instructional strategies for students with
different skill levels;
``(D) provide training to participating educators in ways
to integrate telecommunications courses into existing school
curriculum;
``(E) provide instruction for students, teachers, and
parents;
``(F) serve a multistate area; and
``(G) give priority to the provision of equipment and
linkages to isolated areas; and
``(5) involve a telecommunications entity (such as a satellite,
cable, telephone, computer, or public or private television
stations) participating in the eligible entity and donating
equipment or in-kind services for telecommunications linkages.
``(d) Geographic Distribution.--In approving applications for
grants authorized under section 3204, the Secretary shall, to the
extent feasible, ensure an equitable geographic distribution of
services provided under this part.
``SEC. 3207. LEADERSHIP AND EVALUATION ACTIVITIES.
``(a) Reservation.--From the amount appropriated pursuant to the
authority of section 3204(c)(1) in each fiscal year, the Secretary may
reserve not more than 5 percent of such amount for national leadership,
evaluation, and peer review activities.
``(b) Method of Funding.--The Secretary may fund the activities
described in subsection (a) directly or through grants, contracts, and
cooperative agreements.
``(c) Uses of Funds.--
``(1) Leadership.--Funds reserved for leadership activities
under subsection (a) may be used for--
``(A) disseminating information, including lists and
descriptions of services available from grant recipients under
this part; and
``(B) other activities designed to enhance the quality of
distance learning activities nationwide.
``(2) Evaluation.--Funds reserved for evaluation activities
under subsection (a) may be used to conduct independent evaluations
of the activities assisted under this part and of distance learning
in general, including--
``(A) analyses of distance learning efforts, including such
efforts that are assisted under this part and such efforts that
are not assisted under this part; and
``(B) comparisons of the effects, including student
outcomes, of different technologies in distance learning
efforts.
``(3) Peer review.--Funds reserved for peer review activities
under subsection (a) may be used for peer review of--
``(A) applications for grants under this part; and
``(B) activities assisted under this part.
``SEC. 3208. DEFINITIONS.
``As used in this part--
``(1) the term `educational institution' means an institution
of higher education, a local educational agency, or a State
educational agency;
``(2) the term `instructional programming' means courses of
instruction and training courses for elementary and secondary
students, teachers, and others, and materials for use in such
instruction and training that have been prepared in audio and
visual form on tape, disc, film, or live, and presented by means of
telecommunications devices; and
``(3) the term `public broadcasting entity' has the same
meaning given such term in section 397 of the Communications Act of
1934.
``SEC. 3209. ADMINISTRATIVE PROVISIONS.
``(a) Continuing Eligibility.--
``(1) In general.--In order to be eligible to receive a grant
under section 3204 for a second 3-year grant period an eligible
entity shall demonstrate in the application submitted pursuant to
section 3206 that such partnership shall--
``(A) continue to provide services in the subject areas and
geographic areas assisted with funds received under this part
for the previous 5-year grant period; and
``(B) use all grant funds received under this part for the
second 3-year grant period to provide expanded services by--
``(i) increasing the number of students, schools or
school districts served by the courses of instruction
assisted under this part in the previous fiscal year;
``(ii) providing new courses of instruction; and
``(iii) serving new populations of underserved
individuals, such as children or adults who are
disadvantaged, have limited-English proficiency, are
individuals with disabilities, are illiterate, or lack
secondary school diplomas or their recognized equivalent.
``(2) Special rule.--Grant funds received pursuant to paragraph
(1) shall be used to supplement and not supplant services provided
by the grant recipient under this part in the previous fiscal year.
``(b) Federal Activities.--The Secretary may assist grant
recipients under section 3204 in acquiring satellite time, where
appropriate, as economically as possible.
``SEC. 3210. OTHER ASSISTANCE.
``(a) Special Statewide Network.--
``(1) In general.--The Secretary, through the Office of
Educational Technology, may provide assistance to a statewide
telecommunications network under this subsection if such network--
``(A) provides 2-way full motion interactive video and
audio communications;
``(B) links together public colleges and universities and
secondary schools throughout the State; and
``(C) meets any other requirements determined appropriate
by the Secretary.
``(2) State contribution.--A statewide telecommunications
network assisted under paragraph (1) shall contribute, either
directly or through private contributions, non-Federal funds equal
to not less than 50 percent of the cost of such network.
``(b) Special Local Network.--
``(1) In general.--The Secretary may provide assistance, on a
competitive basis, to a local educational agency or consortium
thereof to enable such agency or consortium to establish a high
technology demonstration program.
``(2) Program requirements.--A high technology demonstration
program assisted under paragraph (1) shall--
``(A) include 2-way full motion interactive video, audio
and text communications;
``(B) link together elementary and secondary schools,
colleges, and universities;
``(C) provide parent participation and family programs;
``(D) include a staff development program; and
``(E) have a significant contribution and participation
from business and industry.
``(3) Special rule.--Each high technology demonstration program
assisted under paragraph (1) shall be of sufficient size and scope
to have an effect on meeting the National Education Goals.
``(4) Matching requirement.--A local educational agency or
consortium receiving a grant under paragraph (1) shall provide,
either directly or through private contributions, non-Federal
matching funds equal to not less than 50 percent of the amount of
the grant.
``(c) Telecommunications Programs for Continuing Education.--
``(1) Authority.--The Secretary is authorized to award grants,
on a competitive basis, to eligible entities to enable such
partnerships to develop and operate one or more programs which
provide on-line access to educational resources in support of
continuing education and curriculum requirements relevant to
achieving a secondary school diploma or its recognized equivalent.
The program authorized by this section shall be designed to advance
adult literacy, secondary school completion and the acquisition of
specified competency by the end of the 12th grade, as envisioned by
the Goals 2000: Educate America Act.
``(2) Application.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary. Each
such application shall--
``(A) demonstrate that the applicant will use publicly
funded or free public telecommunications infrastructure to
deliver video, voice and data in an integrated service to
support and assist in the acquisition of a secondary school
diploma or its recognized equivalent;
``(B) assure that the content of the materials to be
delivered is consistent with the accreditation requirements of
the State for which such materials are used;
``(C) incorporate, to the extent feasible, materials
developed in the Federal departments and agencies and under
appropriate federally funded projects and programs;
``(D) assure that the applicant has the technological and
substantive experience to carry out the program; and
``(E) contain such additional assurances as the Secretary
may reasonably require.
``PART C--READY-TO-LEARN TELEVISION
``SEC. 3301. READY-TO-LEARN.
``(a) In General.--The Secretary is authorized to award grants to
or enter into contracts or cooperative agreements with eligible
entities described in section 3302(b) to develop, produce, and
distribute educational and instructional video programming for
preschool and elementary school children and their parents in order to
facilitate the achievement of the National Education Goals.
``(b) Availability.--In making such grants, contracts, or
cooperative agreements, the Secretary shall ensure that recipients make
programming widely available with support materials as appropriate to
young children, their parents, child care workers, and Head Start
providers to increase the effective use of such programming.
``SEC. 3302. EDUCATIONAL PROGRAMMING.
``(a) Awards.--The Secretary shall award grants, contracts, or
cooperative agreements to eligible entities to--
``(1) facilitate the development directly or through contracts
with producers of children and family educational television
programming, educational programming for preschool and elementary
school children, and accompanying support materials and services
that promote the effective use of such programming; and
``(2) enable such entities to contract with entities (such as
public telecommunications entities and those funded under the Star
Schools Act) so that programs developed under this section are
disseminated and distributed to the widest possible audience
appropriate to be served by the programming by the most appropriate
distribution technologies.
``(b) Eligible Entities.--To be eligible to receive a grant,
contract, or cooperative agreement under subsection (a), an entity
shall be--
``(1) a nonprofit entity (including a public telecommunications
entity) able to demonstrate a capacity for the development and
distribution of educational and instructional television
programming of high quality for preschool and elementary school
children; and
``(2) able to demonstrate a capacity to contract with the
producers of children's television programming for the purpose of
developing educational television programming of high quality for
preschool and elementary school children.
``(c) Cultural Experiences.--Programming developed under this
section shall reflect the recognition of diverse cultural experiences
and the needs and experiences of both boys and girls in engaging and
preparing young children for schooling.
``SEC. 3303. DUTIES OF SECRETARY.
``The Secretary is authorized--
``(1) to establish and administer a Special Projects of
National Significance program to award grants, contracts, or
cooperative agreements to public and nonprofit private entities, or
local public television stations or such public television stations
that are part of a consortium with one or more State educational
agencies, local educational agencies, local schools, institutions
of higher education, or community-based organizations of
demonstrated effectiveness, for the purpose of--
``(A) addressing the learning needs of young children in
limited English proficient households, and developing
appropriate educational and instructional television
programming to foster the school readiness of such children;
``(B) developing programming and support materials to
increase family literacy skills among parents to assist parents
in teaching their children and utilizing educational television
programming to promote school readiness; and
``(C) identifying, supporting, and enhancing the effective
use and outreach of innovative programs that promote school
readiness;
``(2) to establish within the Department a clearinghouse to
compile and provide information, referrals and model program
materials and programming obtained or developed under this part to
parents, child care providers, and other appropriate individuals or
entities to assist such individuals and entities in accessing
programs and projects under this part; and
``(3) to develop and disseminate training materials,
including--
``(A) interactive programs and programs adaptable to
distance learning technologies that are designed to enhance
knowledge of children's social and cognitive skill development
and positive adult-child interactions; and
``(B) support materials to promote the effective use of
materials developed under paragraph (2);
among parents, Head Start providers, in-home and center based day
care providers, early childhood development personnel, and
elementary school teachers, public libraries, and after school
program personnel caring for preschool and elementary school
children;
``(4) coordinate activities with the Secretary of Health and
Human Services in order to--
``(A) maximize the utilization of quality educational
programming by preschool and elementary school children, and
make such programming widely available to federally funded
programs serving such populations; and
``(B) provide information to recipients of funds under
Federal programs that have major training components for early
childhood development, including Head Start, Even Start, and
State training activities funded under the Child Care
Development Block Grant Act of 1990 regarding the availability
and utilization of materials developed under paragraph (3) to
enhance parent and child care provider skills in early
childhood development and education.
``SEC. 3304. APPLICATIONS.
``Each eligible entity desiring a grant, contract, or cooperative
agreement under section 3301 or 3303 shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``SEC. 3305. REPORTS AND EVALUATION.
``(a) Annual Report to Secretary.--An entity receiving funds under
section 3301 shall prepare and submit to the Secretary an annual report
which contains such information as the Secretary may require. At a
minimum, the report shall describe the program activities undertaken
with funds received under this section, including--
``(1) the programming that has been developed directly or
indirectly by the entity, and the target population of the programs
developed;
``(2) the support materials that have been developed to
accompany the programming, and the method by which such materials
are distributed to consumers and users of the programming;
``(3) the means by which programming developed under this
section has been distributed, including the distance learning
technologies that have been utilized to make programming available
and the geographic distribution achieved through such technologies;
and
``(4) the initiatives undertaken by the entity to develop
public-private partnerships to secure non-Federal support for the
development and distribution and broadcast of educational and
instructional programming.
``(b) Report to Congress.--The Secretary shall prepare and submit
to the relevant committees of Congress a biannual report which
includes--
``(1) a summary of the information made available under section
3302(a); and
``(2) a description of the training materials made available
under section 3303(3), the manner in which outreach has been
conducted to inform parents and child care providers of the
availability of such materials, and the manner in which such
materials have been distributed in accordance with such section.
``SEC. 3306. ADMINISTRATIVE COSTS.
``With respect to the implementation of section 3302, entities
receiving a grant, contract, or cooperative agreement from the
Secretary may use not more than 5 percent of the amounts received under
such section for the normal and customary expenses of administering the
grant, contract, or cooperative agreement.
``SEC. 3307. DEFINITION.
``For the purposes of this part, the term `distance learning' means
the transmission of educational or instructional programming to
geographically dispersed individuals and groups via telecommunications.
``SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part, $30,000,000 for fiscal year 1995, and such sums as may
be necessary for each of the four succeeding fiscal years. Not less
than 60 percent of the amounts appropriated under this subsection for
each fiscal year shall be used to carry out section 3302.
``(b) Special Projects.--Of the amount appropriated under
subsection (b) for each fiscal year, at least 10 percent of such amount
shall be used for each such fiscal year for activities under section
3303(1)(C).
``PART D--TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR MATHEMATICS
``SEC. 3401. PROJECT AUTHORIZED.
``The Secretary is authorized to make grants to a nonprofit
telecommunications entity, or partnership of such entities, for the
purpose of carrying out a national telecommunications-based
demonstration project to improve the teaching of mathematics. The
demonstration project authorized by this part shall be designed to
assist elementary and secondary school teachers in preparing all
students for achieving State content standards.
``SEC. 3402. APPLICATION REQUIRED.
``(a) In General.--Each nonprofit telecommunications entity, or
partnership of such entities, desiring a grant under this part shall
submit an application to the Secretary. Each such application shall--
``(1) demonstrate that the applicant will use the existing
publicly funded telecommunications infrastructure to deliver video,
voice and data in an integrated service to train teachers in the
use of new standards-based curricula materials and learning
technologies;
``(2) assure that the project for which assistance is sought
will be conducted in cooperation with appropriate State educational
agencies, local educational agencies, State or local nonprofit
public telecommunications entities, and a national mathematics
education professional association that has developed content
standards;
``(3) assure that a significant portion of the benefits
available for elementary and secondary schools from the project for
which assistance is sought will be available to schools of local
educational agencies which have a high percentage of children
counted for the purpose of part A of title I; and
``(4) contain such additional assurances as the Secretary may
reasonably require.
``(b) Approval of Applications; Number of Demonstration Sites.--In
approving applications under this section, the Secretary shall assure
that the demonstration project authorized by this part is conducted at
elementary and secondary school sites in at least 15 States.
``SEC. 3403. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part,
$5,000,000 for the fiscal year 1995, and such sums as may be necessary
for each of the four succeeding fiscal years.
``PART E--ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM
``SEC. 3501. SHORT TITLE.
``This part may be cited as the `Elementary Mathematics and Science
Equipment Act'.
``SEC. 3502. STATEMENT OF PURPOSE.
``It is the purpose of this part 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. 3503. PROGRAM AUTHORIZED.
``The Secretary is authorized to make allotments to State
educational agencies under section 3504 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. 3504. ALLOTMENTS OF FUNDS.
``(a) In General.--From the amount appropriated under section 3509
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, and the Northern Mariana
Islands according to their respective needs for assistance under
this part; 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 part.
``(b) Allotment.--
``(1) In general.--The remainder of the amount so appropriated
(after meeting requirements in subsection (a)) shall be allotted
among State educational agencies so that--
``(A) 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
``(B) one-half of such remainder shall be distributed
according to each State's share of allocations under part A of
title I.
``(2) Minimum.--Except as provided in paragraph (3), no State
educational agency shall receive an allotment under this subsection
for any fiscal year in an amount that is--
``(A) less than one-half of 1 percent of the amount made
available under this subsection for such fiscal year; or
``(B) less than the amount allotted to such State for
fiscal year 1988 under title II of the Education for Economic
Security Act.
``(3) Ratable reductions.--(A) If the sums made available under
this part for any fiscal year are insufficient to pay the full
amounts that all State educational agencies are eligible to receive
under paragraph (2)(B) for such year, the Secretary shall ratably
reduce the allotment to such agencies for such year.
``(B) If additional funds become available for making payments
under paragraph (2)(B) for such fiscal year, allotments that were
reduced under subparagraph (A) shall be increased on the same basis
as such allotments were reduced.
``(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 part which the Secretary determines will not be
required for that fiscal year to carry out this part 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 part of the State
educational agency's allotment under subsection (b) for that year.
``(d) Definition.--For the purposes of this part 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 17, 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. 3505. STATE APPLICATION.
``(a) Application.--Each State educational agency desiring to
receive an allotment under this part 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 part 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 part;
``(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 part once over the 5-
year duration of the program assisted under this part;
``(D) funds provided under this part will supplement, not
supplant, State and local funds made available for activities
authorized under this part;
``(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 part;
``(2) provide, if appropriate, a description of how funds paid
under this part 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
section 3506 for distribution of assistance under this part
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 part shall be used
for the administrative costs of such agency associated with carrying
out the program assisted under this part.
``SEC. 3506. LOCAL APPLICATION.
``(a) Application.--A local educational agency that desires to
receive a grant under this part 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 part 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 part to meet the purpose of this part;
``(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 part,
except that no such application shall be penalized or denied
assistance under this part based on failure to provide such
matching funds;
``(3) describe, if applicable, how funds under this part 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 part, 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. 3507. PROGRAM REQUIREMENTS.
``(a) Coordination.--Each State educational agency receiving an
allotment under this part shall--
``(1) disseminate information to school districts and schools,
including private nonprofit elementary schools, regarding the
program assisted under this part;
``(2) evaluate applications of local educational agencies;
``(3) award grants to local educational agencies based on the
priorities described in section 3506(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 part 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 part 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 part is intended to
support, such as the installation of electrical outlets, plumbing,
lab tables or counters, or ventilation mechanisms.
``SEC. 3508. 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
part, shall develop procedures for State and local evaluations of the
programs assisted under this part.
``(b) Report.--The Secretary shall report to the Congress each year
on the program assisted under this part in accordance with section
10701.
``SEC. 3509. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $30,000,000 for fiscal
year 1995, and such sums as may be necessary for each of the four
succeeding fiscal years, to carry out this part.
``PART F--ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA RESOURCES
PROGRAM
``SEC. 3601. PROGRAM AUTHORIZED.
``The Secretary shall award grants or make allocations in
accordance with section 3602 for the acquisition of school library
media resources for the use of students, library media specialists, and
teachers in elementary and secondary schools in accordance with this
part.
``SEC. 3602. ALLOCATION TO STATES.
``(a) From the amount appropriated pursuant to section 3605 in each
fiscal year, the Secretary shall award funds to each State having an
approved plan under section 3603 as follows:
``(1) Amounts below $50,000,000.--If the amount made available
under subsection (a) for a fiscal year is less than $50,000,000,
then the Secretary shall award grants to States, on a competitive
basis, taking into account such factors as age and condition of
existing school library media collections and the relative economic
need of the students to be served.
``(2) Amounts equal to or exceeding $50,000,000.--If the amount
made available under subsection (a) for a fiscal year equals or
exceeds $50,000,000, then the Secretary shall allocate to each
State an amount which bears the same relationship to such amount as
the amount such State received under title II for such year bears
to the amount all States received under such title for such year.
``SEC. 3603. STATE PLANS.
``(a) In General.--In order for a State to receive a grant or an
allocation of funds under this part for any fiscal year, such State
shall have in effect for such fiscal year a State plan. Such plan
shall--
``(1) designate the State educational agency as the State
agency responsible for the administration of the program assisted
under this part;
``(2) set forth a program under which funds paid to the State
in accordance with section 3602 will be expended solely for--
``(A) acquisition of school library media resources,
including books and foreign language resources, for the use of
students, school library media specialists, and teachers in
elementary and secondary schools in the United States; and
``(B) administration of the State plan, including
development and revision of standards, relating to school
library media resources, except that the amount used for
administration of the State plan in any fiscal year shall not
exceed three percent of the amount available to such State
under section 3602 for such fiscal year; and
``(3) set forth criteria to be used in allotting funds for
school library media resources among the local educational agencies
of the State, which allotment shall take into consideration the
relative need of the students, school media specialists, and
teachers to be served.
``(b) Plan Submission.--The State plan may be submitted as part of
a consolidated application under section 14302.
``SEC. 3604. DISTRIBUTION OF ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``From the funds allocated to a State under section 3602(2) in each
fiscal year, such State shall distribute not less than 97 percent of
such funds in such year to local educational agencies within such State
according to the relative enrollment of students in elementary and
secondary schools within the school districts of such State, adjusted
to provide higher per pupil allotments to local educational agencies
that have the greatest number or percentages of students whose
education imposes a higher than average cost per child, such as those
students--
``(1) living in areas with high concentrations of low-income
families;
``(2) from low-income families; and
``(3) living in sparsely populated areas.
``SEC. 3605. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$200,000,000 for fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years.
``TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES
``SEC. 4001. SHORT TITLE.
``This title may be cited as the `Safe and Drug-Free Schools and
Communities Act of 1994'.
``SEC. 4002. FINDINGS.
``The Congress finds as follows:
``(1) The seventh National Education Goal provides that by the
year 2000, all schools in America will be free of drugs and
violence and the unauthorized presence of firearms and alcohol, and
offer a disciplined environment that is conducive to learning.
``(2) The widespread illegal use of alcohol and other drugs
among the Nation's secondary school students, and increasingly by
students in elementary schools as well, constitutes a grave threat
to such students' physical and mental well-being, and significantly
impedes the learning process. For example, data show that students
who drink tend to receive lower grades and are more likely to miss
school because of illness than students who do not drink.
``(3) Our Nation's schools and communities are increasingly
plagued by violence and crime. Approximately 3,000,000 thefts and
violent crimes occur in or near our Nation's schools every year,
the equivalent of more than 16,000 incidents per school day.
``(4) Violence that is linked to prejudice and intolerance
victimizes entire communities leading to more violence and
discrimination.
``(5) The tragic consequences of violence and the illegal use
of alcohol and drugs by students are felt not only by students and
such students' families, but by such students' communities and the
Nation, which can ill afford to lose such students' skills,
talents, and vitality.
``(6) While use of illegal drugs is a serious problem among a
minority of teenagers, alcohol use is far more widespread. The
proportion of high school students using alcohol, though lower than
a decade ago, remains unacceptably high. By the 8th grade, 70
percent of youth report having tried alcohol and by the 12th grade,
about 88 percent have used alcohol. Alcohol use by young people can
and does have adverse consequences for users, their families,
communities, schools, and colleges.
``(7) Alcohol and tobacco are widely used by young people. Such
use can, and does, have adverse consequences for young people,
their families, communities, schools, and colleges. Drug prevention
programs for youth that address only controlled drugs send an
erroneous message that alcohol and tobacco do not present
significant problems, or that society is willing to overlook their
use. To be credible, messages opposing illegal drug use by youth
should address alcohol and tobacco as well.
``(8) Every day approximately 3,000 children start smoking.
Thirty percent of all secondary school seniors are smokers. Half of
all new smokers begin smoking before the age of 14, 90 percent of
such smokers begin before the age of 21, and the average age of the
first use of smokeless tobacco is under the age of 10. Use of
tobacco products has been linked to serious health problems. Drug
education and prevention programs that include tobacco have been
effective in reducing teenage use of tobacco.
``(9) Drug and violence prevention programs are essential
components of a comprehensive strategy to promote school safety and
to reduce the demand for and use of drugs throughout the Nation.
Schools and local organizations in communities throughout the
Nation have a special responsibility to work together to combat the
growing epidemic of violence and illegal drug use and should
measure the success of their programs against clearly defined goals
and objectives.
``(10) Students must take greater responsibility for their own
well-being, health, and safety if schools and communities are to
achieve the goals of providing a safe, disciplined, and drug-free
learning environment.
``SEC. 4003. PURPOSE.
``The purpose of this title is to support programs to meet the
seventh National Education Goal by preventing violence in and around
schools and by strengthening programs that prevent the illegal use of
alcohol, tobacco, and drugs, involve parents, and are coordinated with
related Federal, State, and community efforts and resources, through
the provision of Federal assistance to--
``(1) States for grants to local educational agencies and
educational service agencies and consortia of such agencies to
establish, operate, and improve local programs of school drug and
violence prevention, early intervention, rehabilitation referral,
and education in elementary and secondary schools (including
intermediate and junior high schools);
``(2) States for grants to, and contracts with, community-based
organizations and other public and private nonprofit agencies and
organizations for programs of drug and violence prevention, early
intervention, rehabilitation referral, and education;
``(3) States for development, training, technical assistance,
and coordination activities;
``(4) public and private nonprofit organizations to conduct
training, demonstrations, and evaluation, and to provide
supplementary services for the prevention of drug use and violence
among students and youth; and
``(5) institutions of higher education to establish, operate,
expand, and improve programs of school drug and violence
prevention, education, and rehabilitation referral for students
enrolled in colleges and universities.
``SEC. 4004. FUNDING.
``There are authorized to be appropriated--
``(1) $630,000,000 for fiscal year 1995, and such sums as may
be necessary for each of the four succeeding fiscal years, for
State grants under subpart 1; and
``(2) $25,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years, for
national programs under subpart 2.
``PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS
``Subpart 1--State Grants for Drug and Violence Prevention Programs
``SEC. 4011. RESERVATIONS AND ALLOTMENTS.
``(a) Reservations.--From the amount made available under section
4004(a) to carry out this subpart for each fiscal year, the Secretary--
``(1) shall reserve 1 percent of such amount for grants under
this subpart to Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands, to be allotted in
accordance with the Secretary's determination of their respective
needs;
``(2) shall reserve 1 percent of such amount for the Secretary
of the Interior to carry out programs under this part for Indian
youth;
``(3) may reserve not more than $1,000,000 for the national
impact evaluation required by section 4117(a); and
``(4) shall reserve 0.2 percent of such amount for programs for
Native Hawaiians under section 4118.
``(b) State Allotments.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall, for each fiscal year, allocate among the States--
``(A) one-half of the remainder not reserved under
subsection (a) according to the ratio between the school-aged
population of each State and the school-aged population of all
the States; and
``(B) one-half of such remainder according to the ratio
between the amount each State received under part A of title I
for the preceding year (or, for fiscal year 1995 only, sections
1005 and 1006 of this Act as such sections were in existence on
the day preceding the date of enactment of the Improving
America's Schools Act of 1994) and the sum of such amounts
received by all the States.
``(2) Minimum.--For any fiscal year, no State shall be allotted
under this subsection an amount that is less than one-half of 1
percent of the total amount allotted to all the States under this
subsection.
``(3) Reallotment.--The Secretary may reallot any amount of any
allotment to a State if the Secretary determines that the State
will be unable to use such amount within two years of such
allotment. Such reallotments shall be made on the same basis as
allotments are made under paragraph (1).
``(4) Definitions.--For the purpose of this subsection--
``(A) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico; and
``(B) the term `local educational agency' includes
educational service agencies and consortia of such agencies.
``SEC. 4112. STATE APPLICATIONS.
``(a) In General.--In order to receive an allotment under section
4111 for any fiscal year, a State shall submit to the Secretary, at
such time as the Secretary may require, an application that--
``(1) describes how funds under this subpart will be
coordinated with programs under this Act, the Goals 2000: Educate
America Act, and other Acts, as appropriate, in accordance with the
provisions of section 14306;
``(2) contains the results of the State's needs assessment for
drug and violence prevention programs, which shall be based on the
results of on-going State evaluation activities, including data on
the prevalence of drug use and violence by youth in schools and
communities;
``(3) contains assurances that the sections of the application
concerning the funds provided to the chief executive officer and
the State educational agency were developed separately by such
officer or agency, respectively, but in consultation and
coordination with appropriate State officials and others, including
the chief State school officer, the chief executive officer, the
head of the State alcohol and drug abuse agency, the heads of the
State health and mental health agencies, the head of the State
criminal justice planning agency, the head of the State child
welfare agency, the head of the State board of education, or their
designees, and representatives of parents, students, and community-
based organizations;
``(4) contains an assurance that the State will cooperate with,
and assist, the Secretary in conducting a national impact
evaluation of programs required by section 4117(a); and
``(5) includes any other information the Secretary may require.
``(b) State Educational Agency Funds.--A State's application under
this section shall also contain a comprehensive plan for the use of
funds under section 4113(a) by the State educational agency that
includes--
``(1) a statement of the State educational agency's measurable
goals and objectives for drug and violence prevention and a
description of the procedures such agency will use for assessing
and publicly reporting progress toward meeting those goals and
objectives;
``(2) a plan for monitoring the implementation of, and
providing technical assistance regarding, the drug and violence
prevention programs conducted by local educational agencies in
accordance with section 4116;
``(3) a description of how the State educational agency will
use funds under section 4113(b);
``(4) a description of how the State educational agency will
coordinate such agency's activities under this subpart with the
chief executive officer's drug and violence prevention programs
under this subpart and with the prevention efforts of other State
agencies;
``(5) an explanation of the criteria the State educational
agency will use to identify which local educational agencies
receive supplemental funds under section 4113(d)(2)(A)(ii) and how
the supplemental funds will be allocated among such local
educational agencies; and
``(6) a description of the procedures the State educational
agency will use to review applications from local educational
agencies under section 4115.
``(c) Governor's Funds.--A State's application under this section
shall also contain a comprehensive plan for the use of funds under
section 4114(a) by the chief executive officer that includes--
``(1) a statement of the chief executive officer's measurable
goals and objectives for drug and violence prevention and a
description of the procedures to be used for assessing and publicly
reporting progress toward meeting such goals and objectives;
``(2) a description of how the chief executive officer will
coordinate such officer's activities under this part with the State
educational agency and other State agencies and organizations
involved with drug and violence prevention efforts;
``(3) a description of how funds reserved under section 4114(a)
will be used so as not to duplicate the efforts of the State
educational agency and local educational agencies with regard to
the provision of school-based prevention efforts and services and
how those funds will be used to serve populations not normally
served by the State educational agency, such as school dropouts and
youth in detention centers;
``(4) a description of how the chief executive officer will
award funds under section 4114(a) and a plan for monitoring the
performance of, and providing technical assistance to, recipients
of such funds;
``(5) a description of the special outreach activities that
will be carried out to maximize the participation of community-
based organizations of demonstrated effectiveness which provide
services in low-income communities; and
``(6) a description of how funds will be used to support
community-wide comprehensive drug and violence prevention planning.
``(d) Peer Review.--The Secretary shall use a peer review process
in reviewing State applications under this section.
``(e) Interim Application.--Notwithstanding any other provisions of
this section, a State may submit for fiscal year 1995 a one-year
interim application and plan for the use of funds under this subpart
that are consistent with the requirements of this section and contain
such information as the Secretary may specify in regulations. The
purpose of such interim application and plan shall be to afford the
State the opportunity to fully develop and review such State's
application and comprehensive plan otherwise required by this section.
A State may not receive a grant under this subpart for a fiscal year
subsequent to fiscal year 1995 unless the Secretary has approved such
State's application and comprehensive plan in accordance with this
subpart.
``SEC. 4113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.
``(a) Use of Funds.--
``(1) In general.--Except as provided in paragraph (2), an
amount equal to 80 percent of the total amount allocated to a State
under section 4111 for each fiscal year shall be used by the State
educational agency and its local educational agencies for drug and
violence prevention activities in accordance with this section.
``(2) Exception.--(A) If a State has, on or before January 1,
1994, established an independent State agency for the purpose of
administering all of the funds described in section 5121 of this
Act (as such section was in effect on the day preceding the date of
the enactment of the Improving America's Schools Act of 1994),
then--
``(i) an amount equal to 80 percent of the total amount
allocated to such State under section 4111 for each fiscal year
shall be used by the State educational agency and its local
educational agencies for drug and violence prevention
activities in accordance with this section; and
``(ii) an amount equal to 20 percent of such total amount
shall be used by such independent State agency for drug and
violence prevention activities in accordance with this section.
``(B) Not more than 5 percent of the amount reserved under
subparagraph (A)(ii) may be used for administrative costs of the
independent State agency incurred in carrying out the activities
described in such subparagraph.
``(C) For purposes of this paragraph, the term `independent
State agency' means an independent agency with a board of directors
or a cabinet level agency whose chief executive officer is
appointed by the chief executive officer of the State and confirmed
with the advice and consent of the senate of such State.
``(b) State Level Programs.--
``(1) In general.--A State educational agency shall use not
more than 5 percent of the amount available under subsection (a)
for activities such as--
``(A) training and technical assistance concerning drug and
violence prevention for local educational agencies and
educational service agencies, including teachers,
administrators, coaches and athletic directors, other staff,
parents, students, community leaders, health service providers,
local law enforcement officials, and judicial officials;
``(B) the development, identification, dissemination, and
evaluation of the most readily available, accurate, and up-to-
date curriculum materials (including videotapes, software, and
other technology-based learning resources), for consideration
by local educational agencies;
``(C) making available to local educational agencies cost
effective programs for youth violence and drug abuse
prevention;
``(D) demonstration projects in drug and violence
prevention;
``(E) training, technical assistance, and demonstration
projects to address violence associated with prejudice and
intolerance;
``(F) financial assistance to enhance resources available
for drug and violence prevention in areas serving large numbers
of economically disadvantaged children or sparsely populated
areas, or to meet other special needs consistent with the
purposes of this subpart; and
``(G) the evaluation of activities carried out within the
State under this part.
``(2) Special rule.--A State educational agency may carry out
activities under this subsection directly, or through grants or
contracts.
``(c) State Administration.--A State educational agency may use not
more than 4 percent of the amount reserved under subsection (a) for the
administrative costs of carrying out its responsibilities under this
part.
``(d) Local Educational Agency Programs.--
``(1) In general.--A State educational agency shall distribute
not less than 91 percent of the amount made available under
subsection (a) for each fiscal year to local educational agencies
in accordance with this subsection.
``(2) Distribution.--(A) Of the amount distributed under
paragraph (1), a State educational agency shall distribute--
``(i) 70 percent of such amount to local educational
agencies, based on the relative enrollments in public and
private nonprofit elementary and secondary schools within the
boundaries of such agencies; and
``(ii) 30 percent of such amount to local educational
agencies that the State educational agency determines have the
greatest need for additional funds to carry out drug and
violence prevention programs authorized by this subpart.
``(B) Where appropriate and to the extent consistent with the
needs assessment conducted by the State, not less than 25 percent
of the amount distributed under subparagraph (A)(ii) for a fiscal
year shall be distributed to local educational agencies located in
rural and urban areas.
``(C)(i) A State educational agency shall distribute funds
under subparagraph (A)(ii) to not more than 10 percent of the local
educational agencies in the State, or five such agencies, whichever
is greater.
``(ii) In determining which local educational agencies have the
greatest need for additional funds, the State educational agency
shall consider objective data such as--
``(I) high rates of alcohol or drug use among youth;
``(II) high rates of victimization of youth by violence and
crime;
``(III) high rates of arrests and convictions of youth for
violent or drug- or alcohol-related crime;
``(IV) the extent of illegal gang activity;
``(V) high incidence of violence associated with prejudice
and intolerance;
``(VI) high rates of referrals of youths to drug and
alcohol abuse treatment and rehabilitation programs;
``(VII) high rates of referrals of youths to juvenile
court;
``(VIII) high rates of expulsions and suspensions of
students from schools; and
``(IX) high rates of reported cases of child abuse and
domestic violence.
``(e) Reallocation of Funds.--If a local educational agency chooses
not to apply to receive the amount allocated to such agency under
subsection (d), or if such agency's application under section 4115 is
disapproved by the State educational agency, the State educational
agency shall reallocate such amount to one or more of the local
educational agencies determined by the State educational agency under
subsection (d)(2)(C)(ii) to have the greatest need for additional
funds.
``(f) Return of Funds to State Educational Agency; Reallocation.--
``(1) Return.--Except as provided in paragraph (2), upon the
expiration of the 1-year period beginning on the date that a local
educational agency or educational service agency under this title
receives its allocation under this title--
``(A) such agency shall return to the State educational
agency any funds from such allocation that remain unobligated;
and
``(B) the State educational agency shall reallocate any
such amount to local educational agencies or educational
service agencies that have plans for using such amount for
programs or activities on a timely basis.
``(2) Reallocation.--In any fiscal year, a local educational
agency, may retain for obligation in the succeeding fiscal year--
``(A) an amount equal to not more than 25 percent of the
allocation it receives under this title for such fiscal year;
or
``(B) upon a demonstration of good cause by such agency or
consortium, a greater amount approved by the State educational
agency.
``SEC. 4114. GOVERNOR'S PROGRAMS.
``(a) Use of Funds.--
``(1) In general.--An amount equal to 20 percent of the total
amount allocated to a State under section 4111(1) for each fiscal
year shall be used by the chief executive officer of such State for
drug and violence prevention programs and activities in accordance
with this section.
``(2) Law enforcement education partnerships.--A chief
executive officer shall use not less than 10 percent of the 20
percent of the total amount described in paragraph (1) for each
fiscal year for law enforcement education partnerships in
accordance with subsection (d).
``(3) Administrative costs.--A chief executive officer may use
not more than 5 percent of the 20 percent of the total amount
described in paragraph (1) for the administrative costs incurred in
carrying out the duties of such officer under this section.
``(b) Programs Authorized.--
``(1) In general.--A chief executive officer shall use funds
made available under subsection (a)(1) for grants to or contracts
with parent groups, community action and job training agencies,
community-based organizations, and other public entities and
private nonprofit organizations and consortia thereof. In making
such grants and contracts, a chief executive officer shall give
priority to programs and activities described in subsection (c)
for--
``(A) children and youth who are not normally served by
State or local educational agencies; or
``(B) populations that need special services or additional
resources (such as preschoolers, youth in juvenile detention
facilities, runaway or homeless children and youth, pregnant
and parenting teenagers, and school dropouts).
``(2) Peer review.--Grants or contracts awarded under this
subsection shall be subject to a peer review process.
``(c) Authorized Activities.--Grants and contracts under subsection
(b) shall be used for programs and activities such as--
``(1) disseminating information about drug and violence
prevention;
``(2) training parents, law enforcement officials, judicial
officials, social service providers, health service providers and
community leaders about drug and violence prevention, comprehensive
health education, early intervention, pupil services, or
rehabilitation referral;
``(3) developing and implementing comprehensive, community-
based drug and violence prevention programs that link community
resources with schools and integrate services involving education,
vocational and job skills training and placement, law enforcement,
health, mental health, community service, mentoring, and other
appropriate services;
``(4) planning and implementing drug and violence prevention
activities that coordinate the efforts of State agencies with
efforts of the State educational agency and its local educational
agencies;
``(5) activities to protect students traveling to and from
school;
``(6) before-and-after school recreational, instructional,
cultural, and artistic programs that encourage drug- and violence-
free lifestyles;
``(7) activities that promote the awareness of and sensitivity
to alternatives to violence through courses of study that include
related issues of intolerance and hatred in history;
``(8) developing and implementing activities to prevent and
reduce violence associated with prejudice and intolerance;
``(9) developing and implementing strategies to prevent illegal
gang activity;
``(10) coordinating and conducting community-wide violence and
safety assessments and surveys;
``(11) service-learning projects that encourage drug- and
violence-free lifestyles; and
``(12) evaluating programs and activities assisted under this
section.
``(d) Law Enforcement Education Partnerships.--A chief executive
officer shall use funds under subsection (a)(2) to award grants to
State, county or local law enforcement agencies (including district
attorneys) in consortium with local educational agencies or community-
based agencies for the purposes of carrying out drug abuse and violence
prevention activities, such as--
``(1) Project Drug Abuse Resistance Education and other
programs which provide classroom instruction by uniformed law
enforcement officials that is designed to teach students to
recognize and resist pressures to experiment that influence such
children to use controlled substances or alcohol;
``(2) Project Legal Lives and other programs in which district
attorneys provide classroom instruction in the law and legal system
which emphasizes interactive learning techniques, such as mock
trial competitions;
``(3) partnerships between law enforcement and child guidance
professionals; and
``(4) before- and after-school activities.
``SEC. 4115. LOCAL APPLICATIONS.
``(a) Application Required.--
``(1) In general.--In order to be eligible to receive a
distribution under section 4113(d) for any fiscal year, a local
educational agency shall submit, at such time as the State
educational agency requires, an application to the State
educational agency for approval. Such an application shall be
amended, as necessary, to reflect changes in the local educational
agency's program.
``(2) Development.--(A) A local educational agency shall
develop its application under subsection (a)(1) in consultation
with a local or substate regional advisory council that includes,
to the extent possible, representatives of local government,
business, parents, students, teachers, pupil services personnel,
appropriate State agencies, private schools, the medical
profession, law enforcement, community-based organizations, and
other groups with interest and expertise in drug and violence
prevention.
``(B) In addition to assisting the local educational agency to
develop an application under this section, the advisory council
established or designated under subparagraph (A) shall, on an
ongoing basis--
``(i) disseminate information about drug and violence
prevention programs, projects, and activities conducted within
the boundaries of the local educational agency;
``(ii) advise the local educational agency regarding--
``(I) how best to coordinate such agency's activities
under this subpart with other related programs, projects,
and activities; and
``(II) the agencies that administer such programs,
projects, and activities; and
``(iii) review program evaluations and other relevant
material and make recommendations to the local educational
agency on how to improve such agency's drug and violence
prevention programs.
``(b) Contents of Applications.--An application under this section
shall contain--
``(1) an objective analysis of the current use (and
consequences of such use) of alcohol, tobacco, and controlled,
illegal, addictive or harmful substances as well as the violence,
safety, and discipline problems among students who attend the
schools of the applicant (including private school students who
participate in the applicant's drug and violence prevention
program) that is based on ongoing local assessment or evaluation
activities;
``(2) a detailed explanation of the local educational agency's
comprehensive plan for drug and violence prevention, which shall
include a description of--
``(A) how the plan will be coordinated with programs under
this Act, the Goals 2000: Educate America Act, and other Acts,
as appropriate, in accordance with the provisions of section
14306;
``(B) the local educational agency's measurable goals for
drug and violence prevention, and a description of how such
agency will assess and publicly report progress toward
attaining these goals;
``(C) how the local educational agency will use its
distribution under this subpart;
``(D) how the local educational agency will coordinate such
agency's programs and projects with community-wide efforts to
achieve such agency's goals for drug and violence prevention;
and
``(E) how the local educational agency will coordinate such
agency's programs and projects with other Federal, State, and
local programs for drug-abuse prevention, including health
programs; and
``(3) such other information and assurances as the State
educational agency may reasonably require.
``(c) Review of Application.--
``(1) In general.--In reviewing local applications under this
section, a State educational agency shall use a peer review process
or other methods of assuring the quality of such applications.
``(2) Considerations.--(A) In determining whether to approve
the application of a local educational agency under this section, a
State educational agency shall consider the quality of the local
educational agency's comprehensive plan under subsection (b)(2) and
the extent to which such plan is coordinated with programs under
this Act, the Goals 2000: Educate America Act, in accordance with
the provisions of section 14306.
``(B) A State educational agency may disapprove a local
educational agency application under this section in whole or in
part and may withhold, limit, or place restrictions on the use of
funds allotted to such a local educational agency in a manner the
State educational agency determines will best promote the purposes
of this part, except that a local educational agency shall be
afforded an opportunity to appeal any such disapproval.
``SEC. 4116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.
``(a) Program Requirements.--A local educational agency shall use
funds received under this subpart to adopt and carry out a
comprehensive drug and violence prevention program which shall--
``(1) be designed, for all students and employees, to--
``(A) prevent the use, possession, and distribution of
tobacco, alcohol, and illegal drugs by students and to prevent
the illegal use, possession, and distribution of such
substances by employees;
``(B) prevent violence and promote school safety; and
``(C) create a disciplined environment conducive to
learning; and
``(2) include activities to promote the involvement of parents
and coordination with community groups and agencies, including the
distribution of information about the local educational agency's
needs, goals, and programs under this subpart.
``(b) Authorized Activities.--A comprehensive drug and violence
prevention program carried out under this subpart may include--
``(1) age-appropriate, developmentally based drug prevention
and education programs for all students, from the preschool level
through grade 12, that address the legal, social, personal and
health consequences of the use of illegal drugs, promote a sense of
individual responsibility, and provide information about effective
techniques for resisting peer pressure to use illegal drugs;
``(2) programs of drug prevention, comprehensive health
education, early intervention, pupil services, mentoring, or
rehabilitation referral, which emphasize students' sense of
individual responsibility and which may include--
``(A) the dissemination of information about drug
prevention;
``(B) the professional development of school personnel,
parents, students, law enforcement officials, judicial
officials, health service providers and community leaders in
prevention, education, early intervention, pupil services or
rehabilitation referral; and
``(C) the implementation of strategies, including
strategies to integrate the delivery of services from a variety
of providers, to combat illegal alcohol, tobacco and drug use,
such as--
``(i) family counseling;
``(ii) early intervention activities that prevent
family dysfunction, enhance school performance, and boost
attachment to school and family; and
``(iii) activities, such as community service and
service-learning projects, that are designed to increase
students' sense of community;
``(3) age-appropriate, developmentally based violence
prevention and education programs for all students, from the
preschool level through grade 12, that address the legal, health,
personal, and social consequences of violent and disruptive
behavior, including sexual harassment and abuse, and victimization
associated with prejudice and intolerance, and that include
activities designed to help students develop a sense of individual
responsibility and respect for the rights of others, and to resolve
conflicts without violence;
``(4) violence prevention programs for school-aged youth, which
emphasize students' sense of individual responsibility and may
include--
``(A) the dissemination of information about school safety
and discipline;
``(B) the professional development of school personnel,
parents, students, law enforcement officials, judicial
officials, and community leaders in designing and implementing
strategies to prevent school violence;
``(C) the implementation of strategies, such as conflict
resolution and peer mediation, student outreach efforts against
violence, anti-crime youth councils (which work with school and
community-based organizations to discuss and develop crime
prevention strategies), and the use of mentoring programs, to
combat school violence and other forms of disruptive behavior,
such as sexual harassment and abuse; and
``(D) the development and implementation of character
education programs, as a component of a comprehensive drug or
violence prevention program, that are tailored by communities,
parents and schools; and
``(E) comprehensive, community-wide strategies to prevent
or reduce illegal gang activities;
``(5) 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;
``(6) acquiring and installing metal detectors and hiring
security personnel;
``(7) professional development for teachers and other staff and
curricula that promote the awareness of and sensitivity to
alternatives to violence through courses of study that include
related issues of intolerance and hatred in history;
``(8) the promotion of before-and-after school recreational,
instructional, cultural, and artistic programs in supervised
community settings;
``(9) drug abuse resistance education programs, designed to
teach students to recognize and resist pressures to use alcohol or
other drugs, which may include activities such as classroom
instruction by uniformed law enforcement officers, resistance
techniques, resistance to peer pressure and gang pressure, and
provision for parental involvement; and
``(10) the evaluation of any of the activities authorized under
this subsection.
``(c) Limitations.--
``(1) In general.--Not more than 20 percent of the funds made
available to a local educational agency under this subpart may be
used to carry out the activities described in paragraphs (5) and
(6) of subsection (b).
``(2) Special rule.--A local educational agency shall only be
able to use funds received under this subpart for activities
described in paragraphs (5) and (6) of subsection (b) if funding
for such activities is not received from other Federal agencies.
``(d) Administrative Provisions.--Notwithstanding any other
provisions of law, any funds expended prior to July 1, 1995, under part
B of the Drug-Free Schools and Communities Act of 1986 (as in effect
prior to enactment of the Improving America's Schools Act) for the
support of a comprehensive school health program shall be deemed to
have been authorized by part B of such Act.
``SEC. 4117. EVALUATION AND REPORTING.
``(a) National Impact Evaluation.--
``(1) Biennial evaluation.--The Secretary, in consultation with
the Secretary of Health and Human Services, the Director of the
Office of National Drug Control Policy, and the Attorney General,
shall conduct an independent biennial evaluation of the national
impact of programs assisted under this subpart and of other recent
and new initiatives to combat violence in schools and submit a
report of the findings of such evaluation to the President and the
Congress.
``(2) Data collection.--(A) The National Center for Education
Statistics shall collect data to determine the frequency,
seriousness, and incidence of violence in elementary and secondary
schools in the States. The Secretary shall collect the data using,
wherever appropriate, data submitted by the States pursuant to
subsection (b)(2)(B).
``(B) Not later than January 1, 1998, the Secretary shall
submit to the Congress a report on the data collected under this
subsection, together with such recommendations as the Secretary
determines appropriate, including estimated costs for implementing
any recommendation.
``(b) State Report.--
``(1) In general.--By October 1, 1997, and every third year
thereafter, the chief executive officer of the State, in
cooperation with the State educational agency, shall submit to the
Secretary a report--
``(A) on the implementation and outcomes of State programs
under section 4114 and section 4113(b) and local educational
agency programs under section 4113(d), as well as an assessment
of their effectiveness; and
``(B) on the State's progress toward attaining its goals
for drug and violence prevention under subsections (b)(1) and
(c)(1) of section 4112.
``(2) Special rule.--The report required by this subsection
shall be--
``(A) in the form specified by the Secretary;
``(B) based on the State's ongoing evaluation activities,
and shall include data on the prevalence of drug use and
violence by youth in schools and communities; and
``(C) made readily available to the public.
``(c) Local Educational Agency Report.--Each local educational
agency receiving funds under this subpart shall submit to the State
educational agency such information, and at such intervals, that the
State requires to complete the State report required by subsection (b),
including information on the prevalence of drug use and violence by
youth in the schools and the community. Such information shall be made
readily available to the public.
``SEC. 4118. PROGRAMS FOR NATIVE HAWAIIANS.
``(a) General Authority.--From the funds made available pursuant to
section 4111(a)(4) to carry out this section, the Secretary shall make
grants to or enter into cooperative agreements or contracts with
organizations primarily serving and representing Native Hawaiians which
are recognized by the Governor of the State of Hawaii to plan, conduct,
and administer programs, or portions thereof, which are authorized by
and consistent with the provisions of this title for the benefit of
Native Hawaiians.
``(b) Definition of Native Hawaiian.--For the purposes of this
section, the term `Native Hawaiian' means any individual any of whose
ancestors were natives, prior to 1778, of the area which now comprises
the State of Hawaii.
``Subpart 2--National Programs
``SEC. 4121. FEDERAL ACTIVITIES.
``(a) Program Authorized.--From funds made available to carry out
this subpart under section 4004(2), the Secretary, in consultation with
the Secretary of Health and Human Services, the Director of the Office
of National Drug Control Policy, the Chair of the Ounce of Prevention
Council, and the Attorney General, shall carry out programs to prevent
the illegal use of drugs and violence among, and promote safety and
discipline for, students at all educational levels from preschool
through the postsecondary level. The Secretary shall carry out such
programs directly, or through grants, contracts, or cooperative
agreements with public and private nonprofit organizations and
individuals, or through agreements with other Federal agencies, and
shall coordinate such programs with other appropriate Federal
activities. Such programs may include--
``(1) the development and demonstration of innovative
strategies for training school personnel, parents, and members of
the community, including the demonstration of model preservice
training programs for prospective school personnel;
``(2) demonstrations and rigorous evaluations of innovative
approaches to drug and violence prevention;
``(3) the provision of information on drug abuse education and
prevention to the Secretary of Health and Human Services for
dissemination by the clearinghouse for alcohol and drug abuse
information established under section 501(d)(16) of the Public
Health Service Act;
``(4) the development of curricula related to child abuse
prevention and education and the training of personnel to teach
child abuse education and prevention to elementary and secondary
schoolchildren;
``(5) program evaluations in accordance with section 14701 that
address issues not addressed under section 4117(a);
``(6) direct services to schools and school systems afflicted
with especially severe drug and violence problems;
``(7) activities in communities designated as empowerment zones
or enterprise communities that will connect schools to community-
wide efforts to reduce drug and violence problems;
``(8) developing and disseminating drug and violence prevention
materials, including video-based projects and model curricula;
``(9) developing and implementing a comprehensive violence
prevention strategy for schools and communities, that may include
conflict resolution, peer mediation, the teaching of law and legal
concepts, and other activities designed to stop violence;
``(10) the implementation of innovative activities, such as
community service projects, designed to rebuild safe and healthy
neighborhoods and increase students' sense of individual
responsibility;
``(11) grants to noncommercial telecommunications entities for
the production and distribution of national video-based projects
that provide young people with models for conflict resolution and
responsible decisionmaking;
``(12) the development of education and training programs,
curricula, instructional materials, and professional training and
development for preventing and reducing the incidence of crimes and
conflicts motivated by hate in localities most directly affected by
hate crimes; and
``(13) other activities that meet unmet national needs related
to the purposes of this title.
``(b) Peer Review.--The Secretary shall use a peer review process
in reviewing applications for funds under this section.
``SEC. 4122. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.
``(a) In General.--From funds made available to carry out this
subpart under section 4004(2), the Secretary is authorized to make
grants to, or enter into contracts with, institutions of higher
education, or consortia of such institutions, for drug and violence
prevention programs under this section. Awards under this section shall
support the development, implementation, validation, and dissemination
of--
``(1) model programs and strategies to promote the safety of
students attending institutions of higher education by preventing
violent behavior and the illegal use of alcohol and other drugs by
such students; and
``(2) such model programs and strategies shall be coordinated
with the report required under section 204(a)(4)(B) of the Student
Right-to-Know and Campus Security Act on policies, procedures and
practices which have proven effective in the reduction of campus
crime.
``(b) Applications.--An institution of higher education, or
consortium of such institutions, that desires to receive an award 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. The Secretary shall use a peer review process for
reviewing applications for funds under this section.
``(c) Equitable Participation.--The Secretary shall make every
reasonable effort to ensure the equitable participation in the
activities assisted under this section of private and public
institutions of higher education (including community and junior
colleges), institutions of limited enrollment, and institutions in
different geographic regions.
``SEC. 4123. HATE CRIME PREVENTION.
``(a) Grant Authorization.--From funds made available to carry out
this subpart under section 4004(1) the Secretary may make grants to
local educational agencies and community-based organizations for the
purpose of providing assistance to localities most directly affected by
hate crimes.
``(b) Use of Funds.--
``(1) Program development.--Grants under this section may be
used to improve elementary and secondary educational efforts,
including--
``(A) development of education and training programs
designed to prevent and to reduce the incidence of crimes and
conflicts motivated by hate;
``(B) development of curricula for the purpose of improving
conflict or dispute resolution skills of students, teachers,
and administrators;
``(C) development and acquisition of equipment and
instructional materials to meet the needs of, or otherwise be
part of, hate crime or conflict programs; and
``(D) professional training and development for teachers
and administrators on the causes, effects, and resolutions of
hate crimes or hate-based conflicts.
``(2) In general.--In order to be eligible to receive a grant
under this section for any fiscal year, a local educational agency,
or a local educational agency in conjunction with a community-based
organization, shall submit an application to the Secretary in such
form and containing such information as the office may reasonably
require.
``(3) Requirements.--Each application under paragraph (2) shall
include--
``(A) a request for funds for the purposes described in
this section;
``(B) a description of the schools and communities to be
served by the grants; and
``(C) assurances that Federal funds received under this
section shall be used to supplement, not supplant, non-Federal
funds.
``(4) Comprehensive plan.--Each application shall include a
comprehensive plan that contains--
``(A) a description of the hate crime or conflict problems
within the schools or the community targeted for assistance;
``(B) a description of the program to be developed or
augmented by such Federal and matching funds;
``(C) assurances that such program or activity shall be
administered by or under the supervision of the applicant;
``(D) proper and efficient administration of such program;
and
``(E) fiscal control and fund accounting procedures as may
be necessary to ensure prudent use, proper disbursement, and
accurate accounting of funds received under this section.
``(c) Award of Grants.--
``(1) Selection of recipients.--The Secretary shall consider
the incidence of crimes and conflicts motivated by bias in the
targeted schools and communities in awarding grants under this
section.
``(2) Geographic distribution.--The Secretary shall attempt, to
the extent practicable, to achieve an equitable geographic
distribution of grant awards.
``(3) Dissemination of information.--The Secretary shall
attempt, to the extent practicable, to make available information
regarding successful hate crime prevention programs, including
programs established or expanded with grants under this section.
``(d) Reports.--The Secretary shall submit to the Congress a report
every two years which shall contain a detailed statement regarding
grants and awards, activities of grant recipients, and an evaluation of
programs established under this section.
``Subpart 3--General Provisions
``SEC. 4131. DEFINITIONS.
``For the purposes of this part:
``(1) Community-based organization.--The term `community-based
organization' means a private nonprofit organization which is
representative of a community or significant segments of a
community and which provides educational or related services to
individuals in the community.
``(2) Drug and violence prevention.--The term `drug and
violence prevention' means--
``(A) with respect to drugs, prevention, early
intervention, rehabilitation referral, or education related to
the illegal use of alcohol and the use of controlled, illegal,
addictive, or harmful substances, including inhalants and
anabolic steroids;
``(B) prevention, early intervention, smoking cessation
activities, or education, related to the use of tobacco by
children and youth eligible for services under this title; and
``(C) with respect to violence, the promotion of school
safety, such that students and school personnel are free from
violent and disruptive acts, including sexual harassment and
abuse, and victimization associated with prejudice and
intolerance, on school premises, going to and from school, and
at school-sponsored activities, through the creation and
maintenance of a school environment that is free of weapons and
fosters individual responsibility and respect for the rights of
others.
``(3) Hate crime.--The term `hate crime' means a crime as
described in section 1(b) of the Hate Crime Statistics Act of 1990.
``(4) Nonprofit.--The term `nonprofit', as applied to a school,
agency, organization, or institution means a school, agency,
organization, or institution owned and operated by one or more
nonprofit corporations or associations, no part of the net earnings
of which inures, or may lawfully inure, to the benefit of any
private shareholder or individual.
``(5) School-aged population.--The term `school-aged
population' means the population aged five through 17, as
determined by the Secretary on the basis of the most recent
satisfactory data available from the Department of Commerce.
``(6) School personnel.--The term `school personnel' includes
teachers, administrators, guidance counselors, social workers,
psychologists, nurses, librarians, and other support staff who are
employed by a school or who perform services for the school on a
contractual basis.
``SEC. 4132. MATERIALS.
``(a) `Wrong and Harmful' Message.--Drug prevention programs
supported under this part shall convey a clear and consistent message
that the illegal use of alcohol and other drugs is wrong and harmful.
``(b) Curriculum.--The Secretary shall not prescribe the use of
specific curricula for programs supported under this part, but may
evaluate the effectiveness of such curricula and other strategies in
drug and violence prevention.
``SEC. 4133. PROHIBITED USES OF FUNDS.
``No funds under this part may be used for--
``(1) construction (except for minor remodeling needed to
accomplish the purposes of this part); and
``(2) medical services, drug treatment or rehabilitation,
except for pupil services or referral to treatment for students who
are victims of or witnesses to crime or who use alcohol, tobacco,
or drugs.''.
``TITLE V--PROMOTING EQUITY
``PART A--MAGNET SCHOOLS ASSISTANCE
``SEC. 5101. FINDINGS.
``The Congress finds that--
``(1) magnet schools are a significant part of our Nation's
effort to achieve voluntary desegregation in our Nation's schools;
``(2) the use of magnet schools has increased dramatically
since the date of enactment of the Magnet Schools Assistance
program, with approximately 1,400,000 students nationwide now
attending such schools, of which more than 60 percent of the
students are nonwhite;
``(3) magnet schools offer a wide range of distinctive programs
that have served as models for school improvement efforts;
``(4) in administering the Magnet Schools Assistance program,
the Federal Government has learned that--
``(A) where magnet programs are implemented for only a
portion of a school's student body, special efforts must be
made to discourage the isolation of--
``(i) magnet school students from other students in the
school; and
``(ii) students by racial characteristics;
``(B) local educational agencies can maximize their
effectiveness in achieving the purposes of the Magnet Schools
Assistance program if such agencies have more flexibility in
the administration of such program in order to serve students
attending a school who are not enrolled in the magnet school
program;
``(C) local educational agencies must be creative in
designing magnet schools for students at all academic levels,
so that school districts do not skim off only the highest
achieving students to attend the magnet schools;
``(D) consistent with desegregation guidelines, local
educational agencies must seek to enable participation in
magnet school programs by students who reside in the
neighborhoods where the programs operate; and
``(E) in order to ensure that magnet schools are sustained
after Federal funding ends, the Federal Government must assist
school districts to improve their capacity to continue to
operate magnet schools at a high level of performance; and
``(5) it is in the best interest of the Federal Government to--
``(A) continue the Federal Government's support of school
districts implementing court-ordered desegregation plans and
school districts seeking to foster meaningful interaction among
students of different racial and ethnic backgrounds, beginning
at the earliest stage of such students' education;
``(B) ensure that all students have equitable access to
quality education that will prepare such students to function
well in a culturally diverse, technologically oriented, and
highly competitive, global community; and
``(C) maximize the ability of local educational agencies to
plan, develop, implement and continue effective and innovative
magnet schools that contribute to State and local systemic
reform.
``SEC. 5102. STATEMENT OF PURPOSE.
``The purpose of this part is to assist in the desegregation of
schools served by local educational agencies by providing financial
assistance to eligible local educational agencies for--
``(1) the elimination, reduction, or prevention of minority
group isolation in elementary and secondary schools with
substantial proportions of minority students;
``(2) the development and implementation of magnet school
projects that will assist local educational agencies in achieving
systemic reforms and providing all students the opportunity to meet
challenging State content standards and challenging State student
performance standards;
``(3) the development and design of innovative educational
methods and practices; and
``(4) courses of instruction within magnet schools that will
substantially strengthen the knowledge of academic subjects and the
grasp of tangible and marketable vocational skills of students
attending such schools.
``SEC. 5103. PROGRAM AUTHORIZED.
``The Secretary, in accordance with this part, is authorized to
make grants to eligible local educational agencies, and consortia of
such agencies where appropriate, to carry out the purpose of this part
for magnet schools that are--
``(1) part of an approved desegregation plan; and
``(2) designed to bring students from different social,
economic, ethnic, and racial backgrounds together.
``SEC. 5104. DEFINITION.
``For the purpose of this part, the term `magnet school' means a
public elementary or secondary school or public elementary or secondary
education center that offers a special curriculum capable of attracting
substantial numbers of students of different racial backgrounds.
``SEC. 5105. ELIGIBILITY.
``A local educational agency, or consortium of such agencies where
appropriate, is eligible to receive assistance under this part to carry
out the purposes of this part if such agency or consortium--
``(1) is implementing a plan undertaken pursuant to a final
order issued by a court of the United States, or a court of any
State, or any other State agency or official of competent
jurisdiction, that requires the desegregation of minority-group-
segregated children or faculty in the elementary and secondary
schools of such agency; or
``(2) without having been required to do so, has adopted and is
implementing, or will, if assistance is made available to such
local educational agency or consortium of such agencies under this
part, adopt and implement a plan that has been approved by the
Secretary as adequate under title VI of the Civil Rights Act of
1964 for the desegregation of minority-group-segregated children or
faculty in such schools.
``SEC. 5106. APPLICATIONS AND REQUIREMENTS.
``(a) Applications.--An eligible local educational agency or
consortium of such agencies desiring to receive assistance under this
part shall submit an application to the Secretary at such time, in such
manner, and containing such information and assurances as the Secretary
may reasonably require.
``(b) Information and Assurances.--Each such application shall
include--
``(1) a description of--
``(A) how assistance made available under this part will be
used to promote desegregation, including how the proposed
magnet school project will increase interaction among students
of different social, economic, ethnic, and racial backgrounds;
``(B) the manner and extent to which the magnet school
project will increase student achievement in the instructional
area or areas offered by the school;
``(C) how an applicant will continue the magnet school
project after assistance under this part is no longer
available, including, if applicable, an explanation of why
magnet schools established or supported by the applicant with
funds under this part cannot be continued without the use of
funds under this part;
``(D) how funds under this part will be used to implement
services and activities that are consistent with other programs
under this Act, the Goals 2000: Educate America Act, and other
Acts, as appropriate, in accordance with the provisions of
section 14306; and
``(E) the criteria to be used in selecting students to
attend the proposed magnet school projects; and
``(2) assurances that the applicant will--
``(A) use funds under this part for the purposes specified
in section 5102;
``(B) employ State certified or licensed teachers in the
courses of instruction assisted under this part to teach or
supervise others who are teaching the subject matter of the
courses of instruction;
``(C) not engage in discrimination based on race, religion,
color, national origin, sex, or disability in--
``(i) the hiring, promotion, or assignment of employees
of the agency or other personnel for whom the agency has
any administrative responsibility;
``(ii) the assignment of students to schools, or to
courses of instruction within the school, of such agency,
except to carry out the approved plan; and
``(iii) designing or operating extracurricular
activities for students;
``(D) carry out a high-quality education program that will
encourage greater parental decisionmaking and involvement; and
``(E) give students residing in the local attendance area
of the proposed magnet school projects equitable consideration
for placement in those projects.
``(c) Special Rule.--No application may be approved under this
section unless the Assistant Secretary of Education for Civil Rights
determines that the assurances described in subsection (b)(2)(C) will
be met.
``SEC. 5107. PRIORITY.
``In approving applications under this part, the Secretary shall
give priority to applicants that--
``(1) demonstrate the greatest need for assistance, based on
the expense or difficulty of effectively carrying out an approved
desegregation plan and the projects for which assistance is sought;
``(2) propose to carry out new magnet school projects, or
significantly revise existing magnet school projects;
``(3) propose to select students to attend magnet school
projects by methods such as lottery, rather than through academic
examination;
``(4) propose to implement innovative educational approaches
that are consistent with the State's and local educational agency's
approved systemic reform plans, if any, under title III of the
Goals 2000: Educate America Act; and
``(5) propose to draw on comprehensive community involvement
plans.
``SEC. 5108. USE OF FUNDS.
``(a) In General.--Grant funds made available under this part may
be used by an eligible local educational agency or consortium of such
agencies--
``(1) for planning and promotional activities directly related
to the development, expansion, continuation, or enhancement of
academic programs and services offered at magnet schools;
``(2) for the acquisition of books, materials, and equipment,
including computers and the maintenance and operation thereof,
necessary for the conduct of programs in magnet schools;
``(3) for the payment, or subsidization of the compensation, of
elementary and secondary school teachers who are certified or
licensed by the State, and instructional staff where applicable,
who are necessary for the conduct of programs in magnet schools;
and
``(4) with respect to a magnet school program offered to less
than the entire student population of a school, for instructional
activities that--
``(A) are designed to make available the special curriculum
that is offered by the magnet school project to students who
are enrolled in the school but who are not enrolled in the
magnet school program; and
``(B) further the purposes of this part.
``(b) Special Rule.--Grant funds under this part may be used in
accordance with paragraphs (2) and (3) of subsection (a) only if the
activities described in such paragraphs are directly related to
improving the students' reading skills or knowledge of mathematics,
science, history, geography, English, foreign languages, art, or music,
or to improving vocational skills.
``SEC. 5109. PROHIBITIONS.
``(a) Transportation.--Grants under this part may not be used for
transportation or any activity that does not augment academic
improvement.
``(b) Planning.--A local educational agency shall not expend funds
under this part after the third year that such agency receives funds
under this part for such project.
``SEC. 5110. LIMITATIONS.
``(a) Duration of Awards.--A grant under this part shall be awarded
for a period that shall not exceed three fiscal years.
``(b) Limitation on Planning Funds.--A local educational agency may
expend for planning not more than 50 percent of the funds received
under this part for the first year of the project, 15 percent of such
funds for the second such year, and 10 percent of such funds for the
third such year.
``(c) Amount.--No local educational agency or consortium awarded a
grant under this part shall receive more than $4,000,000 under this
part in any one fiscal year.
``(d) Timing.--To the extent practicable, the Secretary shall award
grants for any fiscal year under this part not later than June 1 of the
applicable fiscal year.
``SEC. 5111. INNOVATIVE PROGRAMS.
``(a) In General.--From amounts reserved under subsection (d) for
each fiscal year, the Secretary shall award grants to local educational
agencies or consortia of such agencies described in section 5105 to
enable such agencies or consortia to conduct innovative programs that--
``(1) carry out the purpose of this part; and
``(2) involve strategies other than magnet schools, such as
neighborhood or community model schools--
``(A) organized around a special emphasis, theme or
concept; and
``(B) involving extensive parent and community involvement.
``(b) Applicability.--Sections 5103, 5106, 5107, and 5108, shall
not apply to grants awarded under subsection (a).
``(c) Applications.--Each local educational agency or consortia of
such agencies desiring a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
containing such information and assurances as the Secretary may
reasonably require.
``(d) Innovative Programs.--The Secretary shall reserve not more
than 5 percent of the funds appropriated under section 5113(a) for each
fiscal year to award grants under this section.
``SEC. 5112. EVALUATIONS.
``(a) Reservation.--The Secretary may reserve not more than two
percent of the funds appropriated under section 5113(a) for any fiscal
year to carry out evaluations of projects assisted under this part.
``(b) Contents.--Each evaluation described in subsection (a), at a
minimum, shall address--
``(1) how and the extent to which magnet school programs lead
to educational quality and improvement;
``(2) the extent to which magnet school programs enhance
student access to quality education;
``(3) the extent to which magnet school programs lead to the
elimination, reduction, or prevention of minority group isolation
in elementary and secondary schools with substantial proportions of
minority students; and
``(4) the extent to which magnet school programs differ from
other school programs in terms of the organizational
characteristics and resource allocations of such magnet school
programs.
``SEC. 5113. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.
``(a) Authorization.--For the purpose of carrying out this part,
there are authorized to be appropriated $120,000,000 for fiscal year
1995 and such sums as may be necessary for each of the 4 succeeding
fiscal years.
``(b) Availability of Funds for Grants to Agencies Not Previously
Assisted.--In any fiscal year for which the amount appropriated
pursuant to subsection (a) exceeds $75,000,000, the Secretary shall
give priority to using such amounts in excess of $75,000,000 to award
grants to local educational agencies or consortia of such agencies that
did not receive a grant under this part in the preceding fiscal year.
``PART B--WOMEN'S EDUCATIONAL EQUITY
``SEC. 5201. SHORT TITLE; FINDINGS.
``(a) Short Title.--This part may be cited as the `Women's
Educational Equity Act of 1994'.
``(b) Findings.--The Congress finds that--
``(1) since the enactment of title IX of the Education
Amendments of 1972, women and girls have made strides in
educational achievement and in their ability to avail themselves of
educational opportunities;
``(2) because of funding provided under the Women's Educational
Equity Act, more curricula, training, and other educational
materials concerning educational equity for women and girls are
available for national dissemination;
``(3) teaching and learning practices in the United States are
frequently inequitable as such practices relate to women and girls,
for example--
``(A) sexual harassment, particularly that experienced by
girls, undermines the ability of schools to provide a safe and
equitable learning or workplace environment;
``(B) classroom textbooks and other educational materials
do not sufficiently reflect the experiences, achievements, or
concerns of women and, in most cases, are not written by women
or persons of color;
``(C) girls do not take as many mathematics and science
courses as boys, girls lose confidence in their mathematics and
science ability as girls move through adolescence, and there
are few women role models in the sciences; and
``(D) pregnant and parenting teenagers are at high risk for
dropping out of school and existing dropout prevention programs
do not adequately address the needs of such teenagers;
``(4) efforts to improve the quality of public education also
must include efforts to ensure equal access to quality education
programs for all women and girls;
``(5) Federal support should address not only research and
development of innovative model curricula and teaching and learning
strategies to promote gender equity, but should also assist schools
and local communities implement gender equitable practices;
``(6) Federal assistance for gender equity must be tied to
systemic reform, involve collaborative efforts to implement
effective gender practices at the local level, and encourage
parental participation; and
``(7) excellence in education, high educational achievements
and standards, and the full participation of women and girls in
American society, cannot be achieved without educational equity for
women and girls.
``SEC. 5202. STATEMENT OF PURPOSES.
``It is the purpose of this part--
``(1) to promote gender equity in education in the United
States;
``(2) to provide financial assistance to enable educational
agencies and institutions to meet the requirements of title IX of
the Educational Amendments of 1972; and
``(3) to promote equity in education for women and girls who
suffer from multiple forms of discrimination based on sex, race,
ethnic origin, limited-English proficiency, disability, or age.
``SEC. 5203. PROGRAMS AUTHORIZED.
``(a) In General.--The Secretary is authorized--
``(1) to promote, coordinate, and evaluate gender equity
policies, programs, activities and initiatives in all Federal
education programs and offices;
``(2) to develop, maintain, and disseminate materials,
resources, analyses, and research relating to education equity for
women and girls;
``(3) to provide information and technical assistance to assure
the effective implementation of gender equity programs;
``(4) to coordinate gender equity programs and activities with
other Federal agencies with jurisdiction over education and related
programs;
``(5) to assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to education equity for women and girls; and
``(6) to perform any other activities consistent with achieving
the purposes of this part.
``(b) Grants Authorized.--
``(1) In general.--The Secretary is authorized to make grants
to, and enter into contracts and cooperative agreements with,
public agencies, private nonprofit agencies, organizations,
institutions, student groups, community groups, and individuals,
for a period not to exceed four years, to--
``(A) provide grants to develop model equity programs; and
``(B) provide funds for the implementation of equity
programs in schools throughout the Nation.
``(2) Support and technical assistance.--To achieve the
purposes of this part, the Secretary is authorized to provide
support and technical assistance--
``(A) to implement effective gender-equity policies and
programs at all educational levels, including--
``(i) assisting educational agencies and institutions
to implement policies and practices to comply with title IX
of the Education Amendments of 1972;
``(ii) training for teachers, counselors,
administrators, and other school personnel, especially
preschool and elementary school personnel, in gender
equitable teaching and learning practices;
``(iii) leadership training for women and girls to
develop professional and marketable skills to compete in
the global marketplace, improve self-esteem, and benefit
from exposure to positive role models;
``(iv) school-to-work transition programs, guidance and
counseling activities, and other programs to increase
opportunities for women and girls to enter a
technologically demanding workplace and, in particular, to
enter highly skilled, high paying careers in which women
and girls have been underrepresented;
``(v) enhancing educational and career opportunities
for those women and girls who suffer multiple forms of
discrimination, based on sex and on race, ethnic origin,
limited-English proficiency, disability, socioeconomic
status, or age;
``(vi) assisting pregnant students and students rearing
children to remain in or to return to secondary school,
graduate, and prepare their preschool children to start
school;
``(vii) evaluating exemplary model programs to assess
the ability of such programs to advance educational equity
for women and girls;
``(viii) introduction into the classroom of textbooks,
curricula, and other materials designed to achieve equity
for women and girls;
``(ix) programs and policies to address sexual
harassment and violence against women and girls and to
ensure that educational institutions are free from threats
to the safety of students and personnel;
``(x) nondiscriminatory tests of aptitude and
achievement and of alternative assessments that eliminate
biased assessment instruments from use;
``(xi) programs to increase educational opportunities,
including higher education, vocational training, and other
educational programs for low-income women, including
underemployed and unemployed women, and women receiving Aid
to Families with Dependent Children benefits;
``(xii) programs to improve representation of women in
educational administration at all levels; and
``(xiii) planning, development and initial
implementation of--
``(I) comprehensive institution- or districtwide
evaluation to assess the presence or absence of gender
equity in educational settings;
``(II) comprehensive plans for implementation of
equity programs in State and local educational agencies
and institutions of higher education; including
community colleges; and
``(III) innovative approaches to school-community
partnerships for educational equity.
``(B) for research and development, which shall be
coordinated with each of the research institutes of the Office
of Educational Research and Improvement to avoid duplication of
research efforts, designed to advance gender equity nationwide
and to help make policies and practices in educational agencies
and institutions, and local communities, gender equitable,
including--
``(i) research and development of innovative strategies
and model training programs for teachers and other
education personnel;
``(ii) the development of high quality and challenging
assessment instruments that are nondiscriminatory;
``(iii) the development and evaluation of model
curricula, textbooks, software, and other educational
materials to ensure the absence of gender stereotyping and
bias;
``(iv) the development of instruments and procedures
that employ new and innovative strategies to assess whether
diverse educational settings are gender equitable;
``(v) the development of instruments and strategies for
evaluation, dissemination, and replication of promising or
exemplary programs designed to assist local educational
agencies in integrating gender equity in their educational
policies and practices;
``(vi) updating high quality educational materials
previously developed through awards made under this part;
``(vii) the development of policies and programs to
address and prevent sexual harassment and violence to
ensure that educational institutions are free from threats
to safety of students and personnel;
``(viii) the development and improvement of programs
and activities to increase opportunity for women, including
continuing educational activities, vocational education,
and programs for low-income women, including underemployed
and unemployed women, and women receiving Aid to Families
with Dependent Children; and
``(ix) the development of guidance and counseling
activities, including career education programs, designed
to ensure gender equity.
``SEC. 5204. APPLICATIONS.
``An application under this part shall--
``(1) set forth policies and procedures that will ensure a
comprehensive evaluation of the activities assisted under this
part, including an evaluation of the practices, policies, and
materials used by the applicant and an evaluation or estimate of
the continued significance of the work of the project following
completion of the award period;
``(2) where appropriate, demonstrate how funds received under
this part will be used to promote the attainment of one or more of
the National Education Goals;
``(3) demonstrate how the applicant will address perceptions of
gender roles based on cultural differences or stereotypes;
``(4) where appropriate, describe how funds under this part
will be used in a manner that is consistent with programs under the
School-to-Work Opportunities Act of 1994;
``(5) for applications for assistance under section 5203(b)(1),
demonstrate how the applicant will foster partnerships and, where
applicable, share resources with State educational agencies, local
educational agencies, institutions of higher education, community-
based organizations (including organizations serving women),
parent, teacher, and student groups, businesses or other recipients
of Federal educational funding which may include State literacy
resource centers;
``(6) for applications for assistance under section 5203(b)(1),
demonstrate how parental involvement in the project will be
encouraged; and
``(7) for applications for assistance under section 5203(b)(1),
describe plans for continuation of the activities assisted under
this part with local support following completion of the grant
period and termination of Federal support under this part.
``SEC. 5205. CRITERIA AND PRIORITIES.
``(a) Criteria and Priorities.--
``(1) In general.--The Secretary shall establish separate
criteria and priorities for awards under paragraphs (1) and (2) of
section 5203(b) to ensure that funds under this part are used for
programs that most effectively will achieve the purposes of this
part.
``(2) Criteria.--The criteria described in subsection (a) may
include the extent to which the activities assisted under this
part--
``(A) address the needs of women and girls of color and
women and girls with disabilities;
``(B) meet locally defined and documented educational
equity needs and priorities, including compliance with title IX
of the Education Amendments of 1972;
``(C) are a significant component of a comprehensive plan
for educational equity and compliance with title IX of the
Education Amendments of 1972 in the particular school district,
institution of higher education, vocational-technical
institution, or other educational agency or institution; and
``(D) implement an institutional change strategy with long-
term impact that will continue as a central activity of the
applicant after the grant under this part has terminated.
``(b) Priorities.--In approving applications under this part, the
Secretary may give special consideration to applications--
``(1) submitted by applicants that have not received assistance
under this part or under part C of title IX of this Act (as such
part was in effect on October 1, 1988);
``(2) for projects that will contribute significantly to
directly improving teaching and learning practices in the local
community; and
``(3) for projects that will--
``(A) provide for a comprehensive approach to enhancing
gender equity in educational institutions and agencies;
``(B) draw on a variety of resources, including the
resources of local educational agencies, community-based
organizations, institutions of higher education, and private
organizations;
``(C) implement a strategy with long-term impact that will
continue as a central activity of the applicant after the grant
under this part has terminated;
``(D) address issues of national significance that can be
duplicated; and
``(E) address the educational needs of women and girls who
suffer multiple or compound discrimination based on sex and on
race, ethnic origin, disability, or age.
``(c) Special Rule.--To the extent feasible, the Secretary shall
ensure that grants awarded under this part for each fiscal year
address--
``(1) all levels of education, including preschool, elementary
and secondary education, higher education, vocational education,
and adult education;
``(2) all regions of the United States; and
``(3) urban, rural, and suburban educational institutions.
``(d) Coordination.--Research activities supported under this
part--
``(1) shall be carried out in consultation with the Office of
Educational Research and Improvement to ensure that such activities
are coordinated with and enhance the research and development
activities supported by the Office; and
``(2) may include collaborative research activities which are
jointly funded and carried out with the Office of Educational
Research and Improvement.
``(e) Limitation.--Nothing in this part shall be construed as
prohibiting men and boys from participating in any programs or
activities assisted with funds under this part.
``SEC. 5206. REPORT.
``The Secretary, not later than January 1, 1999, shall submit to
the President and the Congress a report on the status of educational
equity for girls and women in the Nation.
``SEC. 5207. ADMINISTRATION.
``(a) Evaluation and Dissemination.--The Secretary shall evaluate
in accordance with section 14701, and disseminate, materials and
programs developed under this part and shall report to the Congress
regarding such evaluation materials and programs not later than January
1, 1998.
``(b) Program Operations.--The Secretary shall ensure that the
activities assisted under this part are administered within the
Department by a person who has recognized professional qualifications
and experience in the field of gender equity education.
``SEC. 5208. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated $5,000,000 for fiscal year 1995 and such sums as may
be necessary for each of the four succeeding fiscal years, of which not
less than two-thirds of the amount appropriated under this section for
each fiscal year shall be available to carry out the activities
described in section 5203(b)(1).
``PART C--ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS
``SEC. 5301. SHORT TITLE.
``This part may be cited as the `School Dropout Assistance Act'.
``SEC. 5302. PURPOSE.
``The purpose of this part is to reduce the number of children who
do not complete their elementary and secondary education by providing
grants to local educational agencies to establish--
``(1) effective programs to identify potential student
dropouts, including pregnant and parenting teenagers, and prevent
such students from dropping out of school;
``(2) effective programs to identify and encourage children who
have already dropped out to reenter school and complete their
elementary and secondary education;
``(3) effective early intervention programs designed to
identify at-risk students in elementary and secondary schools; and
``(4) model systems for collecting and reporting information to
local school officials on the number, ages, sex, race or ethnicity,
and grade levels of the children not completing their elementary
and secondary education and the reasons why such children have
dropped out of school.
``SEC. 5303. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Allotment to Categories of Local Educational Agencies.--From
the amount appropriated under section 5308 for any fiscal year, the
Secretary shall first reserve not more than $2,000,000 for the purposes
of evaluating programs carried out with assistance under this part in
accordance with section 14701. From the remaining amount, the Secretary
shall allot the following percentages to each of the following
categories of local educational agencies:
``(1) Local educational agencies administering schools with a
total enrollment of 100,000 or more elementary and secondary school
students shall be allotted 25 percent of such remaining amount.
``(2) Local educational agencies administering schools with a
total enrollment of at least 20,000 but less than 100,000
elementary and secondary school students shall be allotted 40
percent of such remaining amount.
``(3) Local educational agencies administering schools with a
total enrollment of less than 20,000 elementary and secondary
school students shall be allotted 30 percent of such remaining
amount. Grants may be made under this paragraph to educational
service agencies and consortia of not more than 5 local educational
agencies in any case in which the total enrollment of the largest
such local educational agency is less than 20,000 elementary and
secondary students. Such agencies and consortia may also apply for
assistance under this part in conjunction with the State
educational agency. Not less than 20 percent of funds available
under this paragraph shall be awarded to local educational agencies
administering schools with a total enrollment of less than 2,000
elementary and secondary school students.
``(4) Community-based organizations shall be allotted 5 percent
of such remaining amount. Grants under this paragraph shall be made
after consultation between the community-based organization and the
local educational agency that is to benefit from such a grant.
``(b) Special Consideration.--
``(1) In general.--The Secretary shall give special
consideration to awarding funds available for each category
described in paragraphs (1), (2), and (3) of subsection (a) to
local educational agencies participating in an educational
partnership.
``(2) Educational partnerships.--For the purpose of this part
the term `educational partnerships' means a partnership between--
``(A) a local educational agency; and
``(B) a business concern or business organization,
community-based organization, nonprofit private organization,
institution of higher education, State educational agency,
State or local public agency, private industry council
(established under the Job Training Partnership Act), museum,
library, or educational television or broadcasting station.
``(c) Award of Grant.--
``(1) In general.--From the amount allotted for any fiscal year
to a category of local educational agencies under subsection (a),
the Secretary shall award as many grants as practicable within each
such category to local educational agencies and educational
partnerships whose applications have been approved by the Secretary
for such fiscal year under section 5304 and whose applications
propose a program of sufficient size, scope, and quality to be
effective.
``(2) Additional funds.--Any local educational agency or
educational partnership that has received a grant under this part
shall be eligible for additional funds as provided under subsection
(d).
``(3) Terms and conditions.--Grants under this part shall be
made under such terms and conditions as the Secretary shall
prescribe.
``(d) Use of Funds When Not Fully Allotted to Categories Under
Subsection (a).--
``(1) In general.--Whenever the Secretary determines that the
full amount of the sums allotted under any category set forth under
subsection (a) will not be required for applications of the local
educational agencies in the case of categories described in
paragraphs (1), (2), or (3) of subsection (a), the Secretary shall
make the amount not so required available to another category under
subsection (a). In carrying out the provisions of this subsection,
the Secretary shall assure that the transfer of amounts from one
category to another is made to a category in which there is the
greatest need for funds.
``(2) Peer review.--In order to transfer funds under this
subsection, the Secretary shall use a peer review process to
determine that such excess funds are not needed to fund projects in
particular categories and shall prepare a list of the categories in
which funds were not fully expended and the reasons therefor, and
make such list available to local educational agencies and
educational partnerships upon request. The Secretary may use the
peer review process to determine grant recipients of funds
transferred in accordance with this subsection.
``(e) Federal Share.--
``(1) Federal share.--The Federal share of a grant under this
part may not exceed--
``(A) 90 percent of the total cost of a project for the
first year for which the project receives assistance under this
part; and
``(B) 75 percent of such cost in each such succeeding
fiscal year.
``(2) Remaining costs.--The remaining cost of a project that
receives assistance under this part may be paid from any source
other than funds made available under this part, except that not
more than 10 percent of the remaining cost in any fiscal year may
be provided from Federal sources other than this part.
``(3) Non-federal share.--The share of payments from sources
other than funds made available under this part may be in cash or
in kind fairly evaluated, including plant, equipment or services.
``SEC. 5404. APPLICATION.
``(a) Application Required.--
``(1) In general.--A grant under this part may be made only to
a local educational agency or an educational partnership which
submits an application to the Secretary containing such information
as may be required by the Secretary by regulation.
``(2) Duration.--Each such application shall be for a three-
year period.
``(b) Contents.--Each such application shall--
``(1) provide documentation of--
``(A) the number of children who were enrolled in the
schools to be served by the applicant for the five academic
years prior to the date application is made who have not
completed their elementary or secondary education and who are
classified as school dropouts; and
``(B) the percentage that such number of children is of the
total school-age population in the applicant's schools;
``(2) include a plan for the development and implementation of
a school dropout information collection and reporting system for
documenting the extent and nature of the dropout problem, which
system shall collect and cross tabulate data, where feasible, by
sex according to race or ethnicity and socioeconomic status;
``(3) include a plan for coordinated activities involving not
less than one secondary school and its feeder junior high or middle
schools and elementary schools for local educational agencies that
have feeder systems;
``(4) when applicable, describe how programs assisted under
this part will be coordinated with, and not duplicate, programs
assisted under title I;
``(5) include a description of how the program assisted under
this part is consistent with the second National Education Goal,
relating to school completion, and other Federal programs as
appropriate; and
``(6) contain such other information as the Secretary considers
necessary to determine the nature of the local needs, the quality
of the proposed project, and the capability of the applicant to
carry out the project.
``(c) Priority.--The Secretary shall, in approving applications
under this section, give priority to applications which--
``(1) demonstrate the replication of successful programs
conducted in other local educational agencies or the expansion of
successful programs within a local educational agency; and
``(2) reflect very high numbers or very high percentages of
school dropouts in the schools of the applicant in each category
described in section 5303(a).
``(d) Special Consideration.--The Secretary shall give additional
special consideration to applications that include--
``(1) provisions which emphasize early intervention services
designed to identify at-risk students in elementary or early
secondary schools; and
``(2) provisions for significant parental involvement.
``(e) Grants for New Grantees.--In awarding grants under this part
the Secretary shall use only the priorities and special considerations
described in subsections (c) and (d).
``(f) Continuation of Assistance.--For the two fiscal years
beginning after the date of enactment of the Improving America's
Schools Act of 1994, the Secretary shall approve an application under
this section for a local educational agency which received funding in
fiscal year 1994 under the School Dropout Demonstration Assistance Act
of 1988 (20 U.S.C. 3241 et seq.) and which--
``(1) satisfies the requirements of this section;
``(2) qualifies for special consideration or priority under--
``(A) section 5303(b); and
``(B) subsections (c) and (d) of this section; and
``(3) provides evidence that the program for which such agency
is seeking assistance is effective in--
``(A) providing early intervention services to at-risk
students in elementary and secondary schools;
``(B) identifying potential student dropouts; and
``(C) preventing students from dropping out of school.
``SEC. 5305. AUTHORIZED ACTIVITIES.
``Grants under this part shall be used to carry out activities and
services described in applications approved under section 5304. In
addition, grants may be used for educational, occupational, and basic
skills testing services and activities, including--
``(1) the establishment of systemwide or school-level policies,
procedures, and plans for dropout prevention and school reentry;
``(2) the development and implementation of activities,
including extended day or summer programs, designed to address poor
achievement, basic skills deficiencies, language deficiencies, or
course failures, in order to assist students at risk of dropping
out of school and students reentering school, including youth
returning to school from a correctional or other facility operated
for delinquent youth;
``(3) the establishment or expansion of work-study, apprentice,
or internship programs;
``(4) the use of resources of the community, including
contracting with public or private entities or community-based
organizations of demonstrated performance, to provide services to
the grant recipient or the target population;
``(5) the evaluation and revision of program placement of
students at risk;
``(6) the evaluation of program effectiveness of dropout
programs;
``(7) the development and implementation of programs for
traditionally underserved groups of students;
``(8) the implementation of activities which will improve
student motivation and the school learning environment;
``(9) the provision of training for school personnel on
strategies and techniques designed to--
``(A) identify children at risk of dropping out of school;
``(B) intervene in the instructional program for such
children with support and remedial services;
``(C) develop realistic expectations for student
performance; and
``(D) improve student-staff interactions;
``(10) the study of the relationship between drugs and school
dropouts and between youth gangs and school dropouts, and the
coordination of dropout prevention and reentry programs with
appropriate drug prevention and community organizations for the
prevention of youth gangs;
``(11) the study of the relationship between disabling
conditions and student dropouts;
``(12) the study of the relationship between the dropout rate
for gifted and talented students compared to the dropout rate for
the general student enrollment;
``(13) the use of educational telecommunications and
broadcasting technologies and educational materials designed to
extend, motivate, and reinforce school, community, and home dropout
prevention and reentry activities;
``(14) the development and implementation of efforts to
identify and address factors in a student's decision to drop out of
school that are related to gender and family roles, including
activities and services designed to meet the needs of pregnant and
parenting teenagers;
``(15) the provision of other educational, occupational and
testing services and activities which directly relate to the
purpose of this part;
``(16) activities which offer jobs and college admissions for
successful completion of the program for which assistance is
sought;
``(17) summer employment programs;
``(18) occupational training programs;
``(19) career opportunity and skills counseling;
``(20) job placement services;
``(21) the development of skill employment competency testing
programs;
``(22) special school staff training projects; and
``(23) mentoring programs.
``SEC. 5306. DISTRIBUTION OF ASSISTANCE; LIMITATION ON COSTS.
``(a) Distribution of Assistance.--The Secretary shall ensure that,
to the extent practicable, in approving grant applications under this
part--
``(1) grants are equitably distributed on a geographic basis
within each category set forth in section 5303(a);
``(2) the amount of a grant to a local educational agency or an
educational partnership for a fiscal year is proportionate to the
extent and severity of the local school dropout problem;
``(3) not less than 30 percent of the amount available for
grants in each fiscal year is used for activities relating to
school dropout prevention; and
``(4) not less than 30 percent of the amount available for
grants in each fiscal year is used for activities relating to
persuading school dropouts to return to school and assisting former
school dropouts with specialized services once school dropouts
return to school.
``(b) Administrative Costs.--Not more than five percent of any
grant made under this part may be used for administrative costs.
``SEC. 5307. REPORTS.
``(a) Annual Reports.--The Secretary shall submit to the Congress a
report by January 1 of each year, beginning on January 1, 1995, which
sets forth the progress of the Commissioner of Education Statistics,
established under section 403(b) of the National Education Statistics
Act of 1994, to implement a definition and data collection process for
school dropouts in elementary and secondary schools, including
statistical information for the number and percentage of elementary and
secondary school students by gender, race, and ethnic origin who drop
out of school each year, including dropouts--
``(1) throughout the Nation by rural and urban location as
defined by the Secretary; and
``(2) in each of the individual States and the District of
Columbia.
``(b) Recommendations.--The report under subsection (a) shall also
contain recommendations on ways in which the Federal Government, States
and localities can further support the implementation of an effective
methodology to accurately measure school dropout and retention rates on
the national, State, and local levels.
``SEC. 5308. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $50,000,000 for fiscal
year 1995, and such sums as may be necessary for each of the 4
succeeding fiscal years, to carry out this part.
``TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES
``SEC. 6001. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--The Congress finds that chapter 2 of title I of
this Act (as such chapter was in effect on the day preceding the date
of enactment of the Improving America's Schools Act of 1994) has been
successful in achieving the goals of increasing local flexibility,
reducing administrative burden, providing services for private school
students, encouraging innovation, and contributing to the improvement
of elementary and secondary educational programs.
``(b) Statement of Purpose.--It is the purpose of programs under
this title--
``(1) to support local education reform efforts which are
consistent with and support statewide reform efforts under Goals
2000: Educate America Act;
``(2) to support State and local efforts to accomplish the
National Education Goals;
``(3) to provide funding to enable State and local educational
agencies to implement promising educational reform programs;
``(4) to provide a continuing source of innovation, and
educational improvement, including support for library services and
instructional and media materials; and
``(5) to meet the special educational needs of at risk and high
cost students.
``(c) State and Local Responsibility.--The basic responsibility for
the administration of funds made available under this title is within
the State educational agencies, but it is the intent of Congress that
the responsibility be carried out with a minimum of paperwork and that
the responsibility for the design and implementation of programs
assisted under this title will be mainly that of local educational
agencies, school superintendents and principals, and classroom teachers
and supporting personnel, because such agencies and individuals have
the most direct contact with students and are most likely to be able to
design programs to meet the educational needs of students in their own
school districts.
``SEC. 6002. AUTHORIZATION OF APPROPRIATIONS; DURATION OF ASSISTANCE.
``(a) Authorization.--To carry out the purposes of this title,
there are authorized to be appropriated $370,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four succeeding
fiscal years.
``(b) Duration of Assistance.--During the period beginning October
1, 1994, and ending September 30, 1999, the Secretary shall, in
accordance with the provisions of this title, make payments to State
educational agencies for the purpose of this title.
``SEC. 6003. DEFINITION.
``For the purposes of this title the term `effective schools
programs' means school-based programs that may encompass preschool
through secondary school levels and that have the objectives of (1)
promoting school-level planning, instructional improvement, and staff
development, (2) increasing the academic achievement levels of all
children and particularly educationally disadvantaged children, and (3)
achieving as ongoing conditions in the school the following factors
identified through effective schools research as distinguishing
effective from ineffective schools:
``(A) Strong and effective administrative and instructional
leadership that creates consensus on instructional goals and
organizational capacity for instructional problem solving.
``(B) Emphasis on the acquisition of basic and higher order
skills.
``(C) A safe and orderly school environment that allows
teachers and pupils to focus their energies on academic
achievement.
``(D) A climate of expectation that virtually all children can
learn under appropriate conditions.
``(E) Continuous assessment of students and programs to
evaluate the effects of instruction.
``PART A--STATE AND LOCAL PROGRAMS
``SEC. 6101. ALLOTMENT TO STATES.
``(a) Reservations.--From the sums appropriated to carry out this
title in any fiscal year, the Secretary shall reserve not to exceed one
percent for payments to outlying areas to be allotted in accordance
with their respective needs.
``(b) Allotment.--From the remainder of such sums, the Secretary
shall allot to each State an amount which bears the same ratio to the
amount of such remainder as the school-age population of the State
bears to the school-age population of all States, except that no State
shall receive less than an amount equal to one-half of one percent of
such remainder.
``(c) Definitions.--For purposes of this part:
``(1) The term `school-age population' means the population
aged 5 through 17.
``(2) The term `States' includes the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
``SEC. 6102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Distribution Rule.--From the sums made available each year to
carry out this title, the State educational agency shall distribute not
less than 85 percent to local educational agencies within such State
according to the relative enrollments in public and private, nonprofit
schools within the school districts of such agencies, adjusted, in
accordance with criteria approved by the Secretary, to provide higher
per pupil allocations to local educational agencies which have the
greatest numbers or percentages of children whose education imposes a
higher than average cost per child, such as--
``(1) children living in areas with high concentrations of low-
income families;
``(2) children from low-income families; and
``(3) children living in sparsely populated areas.
``(b) Calculation of Enrollments.--
``(1) In general.--The calculation of relative enrollments
under subsection (a) shall be on the basis of the total of--
``(A) the number of children enrolled in public schools;
and
``(B) the number of children enrolled in private nonprofit
schools that desire that their children participate in programs
or projects assisted under this title, for the fiscal year
preceding the fiscal year for which the determination is made.
``(2) Construction.--Nothing in this subsection shall diminish
the responsibility of local educational agencies to contact, on an
annual basis, appropriate officials from private nonprofit schools
within the areas served by such agencies in order to determine
whether such schools desire that their children participate in
programs assisted under this part.
``(3) Adjustments.--(A) Relative enrollments under subsection
(a) shall be adjusted, in accordance with criteria approved by the
Secretary under subparagraph (B), to provide higher per pupil
allocations only to local educational agencies which serve the
greatest numbers or percentages of--
``(i) children living in areas with high concentrations of
low-income families;
``(ii) children from low-income families; or
``(iii) children living in sparsely populated areas.
``(B) The Secretary shall review criteria submitted by a State
educational agency for adjusting allocations under paragraph (1)
and shall approve such criteria only if the Secretary determines
that such criteria are reasonably calculated to produce an adjusted
allocation that reflects the relative needs within the State's
local educational agencies based on the factors set forth in
subparagraph (A).
``(c) Payment of Allocations.--
``(1) Distribution.--From the funds paid to a State educational
agency pursuant to section 6002 for a fiscal year, a State
educational agency shall distribute to each eligible local
educational agency which has submitted an application as required
in section 6202 the amount of such local educational agency
allocation as determined under subsection (a).
``(2) Additional funds.--(A) Additional funds resulting from
higher per pupil allocations provided to a local educational agency
on the basis of adjusted enrollments of children described in
subsection (a), may, at the discretion of the local educational
agency, be allocated for expenditures to provide services for
children enrolled in public and private nonprofit schools in direct
proportion to the number of children described in subsection (a)
and enrolled in such schools within the local educational agency.
``(B) In any fiscal year, any local educational agency that
elects to allocate such additional funds in the manner described in
subparagraph (A) shall allocate all additional funds to schools
within the local educational agency in such manner.
``(C) The provisions of subparagraphs (A) and (B) may not be
construed to require any school to limit the use of such additional
funds to the provision of services to specific students or
categories of students.
``PART B--STATE PROGRAMS
``SEC. 6201. STATE USES OF FUNDS.
``(a) Authorized Activities.--A State educational agency may use
funds made available for State use under this title only for--
``(1) State administration of programs under this title
including--
``(A) supervision of the allocation of funds to local
educational agencies;
``(B) planning, supervision, and processing of State funds;
and
``(C) monitoring and evaluation of programs and activities
under this title; and
``(2) technical assistance and direct grants to local
educational agencies and statewide education reform activities
including effective schools programs which assist local educational
agencies to provide targeted assistance.
``(b) Limitations and Requirements.--Not more than 25 percent of
funds available for State programs under this title in any fiscal year
may be used for State administration under subsection (a)(1).
``SEC. 6202. STATE APPLICATIONS.
``(a) Application Requirements.--Any State which desires to receive
assistance under this part shall submit to the Secretary an application
which--
``(1) designates the State educational agency as the State
agency responsible for administration and supervision of programs
assisted under this title;
``(2)(A) provides for a biennial submission of data on the use
of funds, the types of services furnished, and the students served
under this title; and
``(B) in fiscal year 1998 provides for an evaluation of the
effectiveness of programs assisted under this title;
``(3) sets forth the allocation of such funds required to
implement section 6402;
``(4) provides that the State educational agency will keep such
records and provide such information to the Secretary as may be
required for fiscal audit and program evaluation (consistent with
the responsibilities of the Secretary under this section);
``(5) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this title, the
State educational agency has not exercised and will not exercise
any influence in the decisionmaking processes of local educational
agencies as to the expenditure made pursuant to an application
under section 6303;
``(6) contains assurances that there is compliance with the
specific requirements of this title; and
``(7) provides for timely public notice and public
dissemination of the information provided pursuant to paragraph
(2).
``(b) Period of Application.--An application filed by the State
under subsection (a) shall be for a period not to exceed three years,
and may be amended annually as may be necessary to reflect changes
without filing a new application.
``(c) Audit Rule.--Local educational agencies receiving less than
an average of $5,000 each under this title shall not be audited more
frequently than once every five years.
``PART C--LOCAL INNOVATIVE EDUCATION PROGRAMS
``SEC. 6301. TARGETED USE OF FUNDS.
``(a) General Rule.--Funds made available to local educational
agencies under section 6102 shall be used for innovative assistance
described in subsection (b).
``(b) Innovative Assistance.--The innovative assistance programs
referred to in subsection (a) include--
``(1) technology related to the implementation of school-based
reform programs, including professional development to assist
teachers and other school officials regarding how to use
effectively such equipment and software;
``(2) programs for the acquisition and use of instructional and
educational materials, including library services and materials
(including media materials), assessments, reference materials,
computer software and hardware for instructional use, and other
curricular materials which are tied to high academic standards and
which will be used to improve student achievement and which are
part of an overall education reform program;
``(3) promising education reform projects, including effective
schools and magnet schools;
``(4) programs to improve the higher order thinking skills of
disadvantaged elementary and secondary school students and to
prevent students from dropping out of school;
``(5) programs to combat illiteracy in the student and adult
population, including parent illiteracy;
``(6) programs to provide for the educational needs of gifted
and talented children;
``(7) school reform activities that are consistent with the
Goals 2000: Educate America Act; and
``(8) school improvement programs or activities under sections
1116 and 1117.
``SEC. 6302. ADMINISTRATIVE AUTHORITY.
``In order to conduct the activities authorized by this title, each
State or local educational agency may use funds reserved for this title
to make grants to and to enter into contracts with local educational
agencies, institutions of higher education, libraries, museums, and
other public and private nonprofit agencies, organizations, and
institutions.
``SEC. 6303. LOCAL APPLICATIONS.
``(a) Contents of Application.--A local educational agency or
consortium of such agencies may receive an allocation of funds under
this title for any year for which an application is submitted to the
State educational agency and such application is certified to meet the
requirements of this section. The State educational agency shall
certify any such application if such application--
``(1)(A) sets forth the planned allocation of funds among
innovative assistance programs described in section 6301 and
describes the programs, projects, and activities designed to carry
out such innovative assistance which the local educational agency
intends to support, together with the reasons for the selection of
such programs, projects, and activities; and
``(B) sets forth the allocation of such funds required to
implement section 6402;
``(2) describes how assistance under this title will contribute
to meeting the National Education Goals and improving student
achievement or improving the quality of education for students;
``(3) provide assurances of compliance with the provisions of
this title, including the participation of children enrolled in
private, nonprofit schools in accordance with section 6402;
``(4) agrees to keep such records, and provide such information
to the State educational agency as reasonably may be required for
fiscal audit and program evaluation, consistent with the
responsibilities of the State agency under this title; and
``(5) provides in the allocation of funds for the assistance
authorized by this title, and in the design, planning and
implementation of such programs, for systematic consultation with
parents of children attending elementary and secondary schools in
the area served by the local educational agency, with teachers and
administrative personnel in such schools, and with other groups
involved in the implementation of this title (such as librarians,
school counselors, and other pupil services personnel) as may be
considered appropriate by the local educational agency.
``(b) Period of Application.--An application filed by a local
educational agency under subsection (a) shall be for a period not to
exceed three fiscal years, may provide for the allocation of funds to
programs for a period of three years, and may be amended annually as
may be necessary to reflect changes without filing a new application.
``(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this title, a local educational agency
shall have complete discretion in determining how funds under this part
shall be divided among the areas of targeted assistance. In exercising
such discretion, a local educational agency shall ensure that
expenditures under this part carry out the purposes of this title and
are used to meet the educational needs within the schools of such local
educational agency.
``PART D--GENERAL ADMINISTRATIVE PROVISIONS
``SEC. 6401. MAINTENANCE OF EFFORT; FEDERAL FUNDS SUPPLEMENTARY.
``(a) Maintenance of Effort.--
``(1) In general.--Except as provided in paragraph (2), a State
is entitled to receive its full allocation of funds under this part
for any fiscal year if the Secretary finds that either the combined
fiscal effort per student or the aggregate expenditures within the
State with respect to the provision of free public education for
the fiscal year preceding the fiscal year for which the
determination is made was not less than 90 percent of such combined
fiscal effort or aggregate expenditures for the second fiscal year
preceding the fiscal year for which the determination is made.
``(2) Reduction of funds.--The Secretary shall reduce the
amount of the allocation of funds under this part in any fiscal
year in the exact proportion to which the State fails to meet the
requirements of paragraph (1) by falling below 90 percent of both
the fiscal effort per student and aggregate expenditures (using the
measure most favorable to the State), and no such lesser amount
shall be used for computing the effort required under paragraph (1)
for subsequent years.
``(3) Waivers.--The Secretary may waive, for one fiscal year
only, the requirements of this section if the Secretary determines
that such a waiver would be equitable due to exceptional or
uncontrollable circumstances such as a natural disaster or a
precipitous and unforeseen decline in the financial resources of
the State.
``(b) Federal Funds Supplementary.--A State or local educational
agency may use and allocate funds received under this part only so as
to supplement and, to the extent practical, increase the level of funds
that would, in the absence of Federal funds made available under this
part, 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. 6402. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.
``(a) Participation on Equitable Basis.--
``(1) In general.--To the extent consistent with the number of
children in the school district of a local educational agency which
is eligible to receive funds under this title or which serves the
area in which a program or project assisted under this title is
located who are enrolled in private nonprofit elementary and
secondary schools, or with respect to instructional or personnel
training programs funded by the State educational agency from funds
made available for State use, such agency, after consultation with
appropriate private school officials, shall provide for the benefit
of such children in such schools secular, neutral, and
nonideological services, materials, and equipment, including the
participation of the teachers of such children (and other
educational personnel serving such children) in training programs,
and the repair, minor remodeling, or construction of public
facilities as may be necessary for their provision (consistent with
subsection (c) of this section), or, if such services, materials,
and equipment are not feasible or necessary in one or more such
private schools as determined by the local educational agency after
consultation with the appropriate private school officials, shall
provide such other arrangements as will assure equitable
participation of such children in the purposes and benefits of this
title.
``(2) Other provisions for services.--If no program or project
is carried out under paragraph (1) in the school district of a
local educational agency, the State educational agency shall make
arrangements, such as through contracts with nonprofit agencies or
organizations, under which children in private schools in such
district are provided with services and materials to the extent
that would have occurred if the local educational agency had
received funds under this title.
``(3) Application of requirements.--The requirements of this
section relating to the participation of children, teachers, and
other personnel serving such children shall apply to programs and
projects carried out under this title by a State or local
educational agency, whether directly or through grants to or
contracts with other public or private agencies, institutions, or
organizations.
``(b) Equal Expenditures.--Expenditures for programs pursuant to
subsection (a) shall be equal (consistent with the number of children
to be served) to expenditures for programs under this title for
children enrolled in the public schools of the local educational
agency, taking into account the needs of the individual children and
other factors which relate to such expenditures, and when funds
available to a local educational agency under this title are used to
concentrate programs or projects on a particular group, attendance
area, or grade or age level, children enrolled in private schools who
are included within the group, attendance area, or grade or age level
selected for such concentration shall, after consultation with the
appropriate private school officials, be assured equitable
participation in the purposes and benefits of such programs or
projects.
``(c) Funds.--
``(1) Administration of funds and property.--The control of
funds provided under this title, and title to materials, equipment,
and property repaired, remodeled, or constructed with such funds,
shall be in a public agency for the uses and purposes provided in
this title, and a public agency shall administer such funds and
property.
``(2) Provision of services.--The provision of services
pursuant to this title shall be provided by employees of a public
agency or through contract by such public agency with a person, an
association, agency, or corporation who or which, in the provision
of such services, is independent of such private school and of any
religious organizations, and such employment or contract shall be
under the control and supervision of such public agency, and the
funds provided under this title shall not be commingled with State
or local funds.
``(d) State Prohibition Waiver.--If by reason of any provision of
law a State or local educational agency is prohibited from providing
for the participation in programs of children enrolled in private
elementary and secondary schools, as required by this section, the
Secretary shall waive such requirements and shall arrange for the
provision of services to such children through arrangements which shall
be subject to the requirements of this section.
``(e) Waiver and Provision of Services.--
``(1) Failure to comply.--If the Secretary determines that a
State or a local educational agency has substantially failed or is
unwilling to provide for the participation on an equitable basis of
children enrolled in private elementary and secondary schools as
required by this section, the Secretary may waive such requirements
and shall arrange for the provision of services to such children
through arrangements which shall be subject to the requirements of
this section.
``(2) Withholding of allocation.--Pending final resolution of
any investigation or complaint that could result in a determination
under this subsection or subsection (d), the Secretary may withhold
from the allocation of the affected State or local educational
agency the amount estimated by the Secretary to be necessary to pay
the cost of those services.
``(f) Determination.--Any determination by the Secretary under this
section shall continue in effect until the Secretary determines that
there will no longer be any failure or inability on the part of the
State or local educational agency to meet the requirements of
subsections (a) and (b).
``(g) Payment From State Allotment.--When the Secretary arranges
for services pursuant to this section, the Secretary shall, after
consultation with the appropriate public and private school officials,
pay the cost of such services, including the administrative costs of
arranging for those services, from the appropriate allotment of the
State under this title.
``(h) Review.--
``(1) Written objections.--The Secretary shall not take any
final action under this section until the State educational agency
and the local educational agency affected by such action have had
an opportunity, for not less than 45 days after receiving written
notice thereof, to submit written objections and to appear before
the Secretary or the Secretary's designee to show cause why that
action should not be taken.
``(2) Court action.--If a State or local educational agency is
dissatisfied with the Secretary's final action after a proceeding
under paragraph (1), such agency may, not later than 60 days after
notice of such action, file with the United States court of appeals
for the circuit in which such State is located a petition for
review of that action. A copy of the petition shall be transmitted
by the clerk of the court to the Secretary. The Secretary thereupon
shall file in the court the record of the proceedings on which the
Secretary based this action, as provided in section 2112 of title
28, United States Code.
``(3) Remand to secretary.--The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive; but the court, for good cause shown, may remand the
case to the Secretary to take further evidence and the Secretary
may make new or modified findings of fact and may modify the
Secretary's previous action, and shall file in the court the record
of the further proceedings. Such new or modified findings of fact
shall likewise be conclusive if supported by substantial evidence.
``(4) Court review.--Upon the filing of such petition, the
court shall have jurisdiction to affirm the action of the Secretary
or to set such action aside, in whole or in part. The judgment of
the court shall be subject to review by the Supreme Court of the
United States upon certiorari or certification as provided in
section 1254 of title 28, United States Code.
``(i) Prior Determination.--Any bypass determination by the
Secretary under chapter 2 of title I of this Act (as such chapter was
in effect on the day preceding the date of enactment of the Improving
America's Schools Act of 1994) shall, to the extent consistent with the
purposes of this title, apply to programs under this title.
``SEC. 6403. FEDERAL ADMINISTRATION.
``(a) Technical Assistance.--The Secretary, upon request, shall
provide technical assistance to State and local educational agencies
under this title.
``(b) Rulemaking.--The Secretary shall issue regulations under this
title only to the extent that such regulations are necessary to ensure
that there is compliance with the specific requirements and assurances
required by this title.
``(c) Availability of Appropriations.--Notwithstanding any other
provision of law, unless expressly in limitation of this subsection,
funds appropriated in any fiscal year to carry out activities under
this title shall become available for obligation on July 1 of such
fiscal year and shall remain available for obligation until the end of
the subsequent fiscal year.
``TITLE VII--BILINGUAL EDUCATION, LANGUAGE ENHANCEMENT, AND LANGUAGE
ACQUISITION PROGRAMS
``PART A--BILINGUAL EDUCATION
``SEC. 7101. SHORT TITLE.
``This part may be cited as the `Bilingual Education Act'.
``SEC. 7102. FINDINGS, POLICY, AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) language-minority Americans speak virtually all world
languages plus many that are indigenous to the United States;
``(2) there are large and growing numbers of children and youth
of limited-English proficiency, many of whom have a cultural
heritage that differs from that of their English-proficient peers;
``(3) the presence of language-minority Americans is related in
part to Federal immigration policies;
``(4) many language-minority Americans are limited in their
English proficiency, and many have limited education and income;
``(5) limited English proficient children and youth face a
number of challenges in receiving an education that will enable
such children and youth to participate fully in American society,
including--
``(A) segregated education programs;
``(B) disproportionate and improper placement in special
education and other special programs due to the use of
inappropriate evaluation procedures;
``(C) the limited-English proficiency of their own parents,
which hinders the parents' ability to fully participate in the
education of their children; and
``(D) a shortage of teachers and other staff who are
professionally trained and qualified to serve such children and
youth;
``(6) Native Americans and Native American languages (as such
terms are defined in section 103 of the Native American Languages
Act), including native residents of the outlying areas, have a
unique status under Federal law that requires special policies
within the broad purposes of this Act to serve the education needs
of language minority students in the United States;
``(7) institutions of higher education can assist in preparing
teachers, administrators and other school personnel to understand
and build upon the educational strengths and needs of language-
minority and culturally diverse student enrollments;
``(8) it is the purpose of this title to help ensure that
limited English proficient students master English and develop high
levels of academic attainment in content areas;
``(9) quality bilingual education programs enable children and
youth to learn English and meet high academic standards including
proficiency in more than one language;
``(10) as the world becomes increasingly interdependent and as
international communication becomes a daily occurrence in
government, business, commerce, and family life, multilingual
skills constitute an important national resource which deserves
protection and development;
``(11) educational technology has the potential for improving
the education of language-minority and limited English proficient
students and their families, and the Federal Government should
foster this development;
``(12) parent and community participation in bilingual
education programs contributes to program effectiveness;
``(13) research, evaluation, and data-collection capabilities
in the field of bilingual education need to be strengthened so that
educators and other staff can better identify and promote those
programs, program implementation strategies, and instructional
practices that result in effective education of limited English
proficient children;
``(14) the use of a child or youth's native language and
culture in classroom instruction can--
``(A) promote self-esteem and contribute to academic
achievement and learning English by limited English proficient
children and youth;
``(B) benefit English-proficient children and youth who
also participate in such programs; and
``(C) develop our Nation's national language resources,
thus promoting our Nation's competitiveness in the global
economy;
``(15) the Federal Government, as exemplified by title VI of
the Civil Rights Act of 1964 and section 204(f) of the Equal
Education Opportunities Act of 1974, has a special and continuing
obligation to ensure that States and local school districts take
appropriate action to provide equal educational opportunities to
children and youth of limited English proficiency; and
``(16) the Federal Government also, as exemplified by the
Federal Government's efforts under this title, has a special and
continuing obligation to assist States and local school districts
in developing the capacity to provide programs of instruction that
offer limited English proficient children and youth an equal
educational opportunity.
``(b) Policy.--The Congress declares it to be the policy of the
United States, in order to ensure equal educational opportunity for all
children and youth and to promote educational excellence, to assist
State and local educational agencies, institutions of higher education
and community-based organizations to build their capacity to establish,
implement, and sustain programs of instruction for children and youth
of limited English proficiency.
``(c) Purpose.--The purpose of this part is to educate limited
English proficient children and youth to meet the same rigorous
standards for academic performance expected of all children and youth,
including meeting challenging State content standards and challenging
State student performance standards in academic areas by--
``(1) developing systemic improvement and reform of educational
programs serving limited English proficient students through the
development and implementation of exemplary bilingual education
programs and special alternative instruction programs;
``(2) developing bilingual skills and multicultural
understanding;
``(3) developing the English of such children and youth and, to
the extent possible, the native language skills of such children
and youth;
``(4) providing similar assistance to Native Americans with
certain modifications relative to the unique status of Native
American languages under Federal law;
``(5) developing data collection and dissemination, research,
materials development, and technical assistance which is focused on
school improvement for limited English proficient students; and
``(6) developing programs which strengthen and improve the
professional training of educational personnel who work with
limited English proficient students.
``SEC. 7103. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out this part, there
are authorized to be appropriated $215,000,000 for the fiscal year 1995
and such sums as may be necessary for each of the four succeeding
fiscal years.
``(b) Distribution.--From the sums appropriated under subsection
(a) for any fiscal year, the Secretary shall reserve not less than 25
percent of such funds for such year to carry out subpart 3.
``SEC. 7104. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.
``(a) Eligible Entities.--For the purpose of carrying out programs
under this part for individuals served by elementary, secondary, and
postsecondary schools operated predominately for Native American or
Alaska Native children and youth, an Indian tribe, a tribally
sanctioned educational authority, a Native Hawaiian or Native American
Pacific Islander native language education organization, or an
elementary or secondary school that is operated or funded by the Bureau
of Indian Affairs shall be considered to be a local educational agency
as such term is used in this part, subject to the following
qualifications:
``(1) Indian tribe.--The term `Indian tribe' means any Indian
tribe, band, nation, or other organized group or community,
including any Alaska Native village or regional or village
corporation as defined in or established pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized for the special programs and services provided by the
United States to Indians because of their status as Indians.
``(2) Tribally sanctioned educational authority.--The term
`tribally sanctioned educational authority' means--
``(A) any department or division of education operating
within the administrative structure of the duly constituted
governing body of an Indian tribe; and
``(B) any nonprofit institution or organization that is--
``(i) chartered by the governing body of an Indian
tribe to operate any such school or otherwise to oversee
the delivery of educational services to members of that
tribe; and
``(ii) approved by the Secretary for the purpose of
this section.
``(b) Eligible Entity Application.--Notwithstanding any other
provision of this part, each eligible entity described in subsection
(a) shall submit any application for assistance under this part
directly to the Secretary along with timely comments on the need for
the proposed program.
``SEC. 7105. RESIDENTS OF THE TERRITORIES AND FREELY ASSOCIATED
NATIONS.
``For the purpose of carrying out programs under this part in the
outlying areas, the term `local educational agency' shall include
public institutions or agencies whose mission is the preservation and
maintenance of native languages.
``Subpart 1--Bilingual Education Capacity and Demonstration Grants
``SEC. 7111. FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION.
``The purpose of this subpart is to assist local educational
agencies, institutions of higher education, and community-based
organizations, through the grants authorized under sections 7112, 7113,
7114, and 7115 to--
``(1) develop and enhance their capacity to provide high-
quality instruction through bilingual education or special
alternative instruction programs to children and youth of limited
English proficiency; and
``(2) to help such children and youth--
``(A) develop proficiency in English, and to the extent
possible, their native language; and
``(B) meet the same challenging State content standards and
challenging State student performance standards expected for
all children and youth as required by section 1111(b).
``SEC. 7112. PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.
``(a) Purpose.--The purpose of this section is to develop and
implement new comprehensive, coherent, and successful bilingual
education or special alternative instructional programs for limited
English proficient students, including programs of early childhood
education, kindergarten through twelfth grade education, gifted and
talented education, and vocational and applied technology education.
``(b) Program Authorized.--
``(1) Authority.--(A) The Secretary is authorized to award
grants to eligible entities having applications approved under
section 7116 to enable such entities to carry out activities
described in paragraph (2).
``(B) Each grant under this section shall be awarded for a
period of three years.
``(2) Authorized activities.--(A) Grants awarded under this
section shall be used to improve the education of limited English
proficient students and their families by--
``(i) developing and implementing comprehensive preschool,
elementary, or secondary bilingual education or special
alternative instructional programs that are coordinated with
other relevant programs and services to meet the full range of
educational needs of limited English proficient students; and
``(ii) providing inservice training to classroom teachers,
administrators, and other school or community-based
organizational personnel to improve the instruction and
assessment of language-minority and limited English proficient
students.
``(B) Grants under this section may be used to improve the
education of limited English proficient students and their families
by--
``(i) implementing family education programs and parent
outreach and training activities designed to assist parents to
become active participants in the education of their children;
``(ii) improving the instructional program for limited
English proficient students by identifying, acquiring, and
upgrading curriculum, instructional materials, educational
software and assessment procedures and, if appropriate,
applying educational technology;
``(iii) compensating personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to children and youth of limited English
proficiency;
``(iv) providing tutorials and academic or career
counseling for children and youth of limited-English
proficiency; and
``(v) providing such other activities, related to the
purposes of this part, as the Secretary may approve.
``(c) Eligible Entity.--For the purpose of this section the term
`eligible entity' means--
``(1) one or more local educational agencies;
``(2) one or more local educational agencies in collaboration
with an institution of higher education, community-based
organization or local or State educational agency; or
``(3) a community-based organization or an institution of
higher education which has an application approved by the local
educational agency to develop and implement early childhood
education or family education programs or to conduct an
instructional program which supplements the educational services
provided by a local educational agency.
``(d) Due Consideration.--In awarding grants under this section,
the Secretary shall give due consideration to the need for early
childhood education, elementary education, and secondary education
programs.
``SEC. 7113. PROGRAM ENHANCEMENT PROJECTS.
``(a) Purpose.--The purpose of this section is to carry out highly
focused, innovative, locally designed projects to expand or enhance
existing bilingual education or special alternative instructional
programs for limited English proficient students.
``(b) Program Authorized.--
``(1) Authority.--(A) The Secretary is authorized to award
grants to eligible entities having applications approved under
section 7116 to enable such entities to carry out activities
described in paragraph (2).
``(B) Each grant under this section shall be awarded for a
period of two years.
``(2) Authorized activities.--(A) Grants under this section
shall be used for providing inservice training to classroom
teachers, administrators, and other school or community-based
organization personnel to improve the instruction and assessment of
language-minority and limited English proficient students.
``(B) Grants under this section may be used for--
``(i) implementing family education programs and parent
outreach and training activities designed to assist parents to
become active participants in the education of their children;
``(ii) improving the instructional program for limited
English proficient students by identifying, acquiring, and
upgrading curriculum, instructional materials, educational
software and assessment procedures and, if appropriate,
applying educational technology;
``(iii) compensating personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to children and youth of limited-English
proficiency;
``(iv) providing tutorials and academic or career
counseling for children and youth of limited-English
proficiency;
``(v) providing intensified instruction; and
``(vi) providing such other activities, related to the
purposes of this part, as the Secretary may approve.
``(c) Eligible Entity.--For the purpose of this section the term
`eligible entity' means--
``(1) one or more local educational agencies;
``(2) one or more local educational agencies in collaboration
with an institution of higher education, community-based
organization or local or State educational agency; or
``(3) a community-based organization or an institution of
higher education which has an application approved by the local
educational agency to enhance early childhood education or family
education programs or to conduct an instructional program which
supplements the educational services provided by a local
educational agency.
``SEC. 7114. COMPREHENSIVE SCHOOL GRANTS.
``(a) Purpose.--The purpose of this section is to provide financial
assistance to eligible entities to implement schoolwide bilingual
education programs or special alternative instruction programs for
reforming, restructuring, and upgrading all relevant programs and
operations, within an individual school, that serve all (or virtually
all) children and youth of limited-English proficiency in schools with
significant concentrations of such children and youth.
``(b) Program Authorized.--
``(1) Authority.--(A) The Secretary is authorized to award
grants to eligible entities having applications approved under
section 7116 to enable such entities to carry out activities
described in paragraph (3).
``(B) Each grant under this section shall be awarded for five
years.
``(2) Termination.--The Secretary shall terminate grants to
eligible entities under this section if the Secretary determines
that--
``(A) the program evaluation required by section 7123
indicates that students in the schoolwide program are not being
taught to and are not making adequate progress toward achieving
challenging State content standards and challenging State
student performance standards; or
``(B) in the case of a program to promote dual language
facility, such program is not promoting such facility.
``(3) Authorized activities.--Grants under this section may be
used to improve the education of limited English proficient
students and their families by--
``(A) implementing family education programs and parent
outreach and training activities designed to assist parents to
become active participants in the education of their children;
``(B) improving the instructional program for limited
English proficient students by identifying, acquiring and
upgrading curriculum, instructional materials, educational
software and assessment procedures and, if appropriate,
applying educational technology;
``(C) compensating personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to children and youth of limited English
proficiency;
``(D) providing tutorials and academic or career counseling
for children and youth of limited-English proficiency;
``(E) providing intensified instruction; and
``(F) providing such other activities, related to the
purposes of this part, as the Secretary may approve.
``(4) Special rule.--A grant recipient, before carrying out a
program assisted under this section, shall plan, train personnel,
develop curriculum, and acquire or develop materials.
``(c) Eligible Entities.--For the purpose of this section the term
`eligible entity' means--
``(1) one or more local educational agencies; or
``(2) one or more local educational agencies in collaboration
with an institution of higher education, community-based
organizations or a local or State educational agency.
``SEC. 7115. SYSTEMWIDE IMPROVEMENT GRANTS.
``(a) Purpose.--The purpose of this section is to implement
districtwide bilingual education programs or special alternative
instruction programs to improve, reform, and upgrade relevant programs
and operations, within an entire local educational agency, that serve a
significant number of children and youth of limited English proficiency
in local educational agencies with significant concentrations of such
children and youth.
``(b) Program Authorized.--
``(1) Authority.--(A) The Secretary is authorized to award
grants to eligible entities having applications approved under
section 7116 to enable such entities to carry out activities
described in paragraphs (3) and (4).
``(B) Each grant under this section shall be awarded for 5
years.
``(2) Termination.--The Secretary shall terminate grants to
eligible entities under this section if the Secretary determines
that--
``(A) the program evaluation required by section 7123
indicates that students in the program are not being taught to
and are not making adequate progress toward achieving
challenging State content standards and challenging State
student performance standards; or
``(B) in the case of a program to promote dual language
facility, such program is not promoting such facility.
``(3) Preparation.--Grants under this section may be used
during the first 12 months exclusively for activities preparatory
to the delivery of services.
``(4) Uses.--Grants under this section may be used to improve
the education of limited English proficient students and their
families by reviewing, restructuring, and upgrading--
``(A) educational goals, curriculum guidelines and content,
standards and assessments;
``(B) personnel policies and practices including
recruitment, certification, staff development, and assignment;
``(C) student grade-promotion and graduation requirements;
``(D) student assignment policies and practices;
``(E) family education programs and parent outreach and
training activities designed to assist parents to become active
participants in the education of their children;
``(F) the instructional program for limited English
proficient students by identifying, acquiring and upgrading
curriculum, instructional materials, educational software and
assessment procedures and, if appropriate, applying educational
technology;
``(G) tutorials and academic or career counseling for
children and youth of limited-English proficiency; and
``(H) such other activities, related to the purposes of
this part, as the Secretary may approve.
``(c) Eligible Entities.--For the purpose of this section the term
`eligible entity' means--
``(1) one or more local educational agencies; or
``(2) one or more local educational agencies in collaboration
with an institution of higher education, community-based
organizations or a local or State educational agency.
``SEC. 7116. APPLICATIONS.
``(a) In General.--
``(1) Secretary.--To receive a grant under this subpart, an
eligible entity shall submit an application to the Secretary at
such time, in such form, and containing such information as the
Secretary may require.
``(2) State educational agency.--An eligible entity, with the
exception of schools funded by the Bureau of Indian Affairs, shall
submit a copy of its application under this section to the State
educational agency.
``(b) State Review and Comments.--
``(1) Deadline.--The State educational agency, not later than
45 days after receipt of an application under this section, shall
review the application and transmit such application to the
Secretary.
``(2) Comments.--(A) Regarding any application submitted under
this title, the State educational agency shall--
``(i) submit to the Secretary written comments regarding
all such applications; and
``(ii) submit to each eligible entity the comments that
pertain to such entity.
``(B) For purposes of this subpart, such comments shall address
how the eligible entity--
``(i) will further the academic achievement of limited
English proficient students served pursuant to a grant received
under this subpart; and
``(ii) how the grant application is consistent with the
State plan submitted under section 1111.
``(c) Eligible Entity Comments.--An eligible entity may submit to
the Secretary comments that address the comments submitted by the State
educational agency.
``(d) Comment Consideration.--In making grants under this subpart
the Secretary shall take into consideration comments made by a State
educational agency.
``(e) Waiver.--Notwithstanding subsection (b), the Secretary is
authorized to waive the review requirement of subsection (b) if a State
educational agency can demonstrate that such review requirement may
impede such agency's ability to fulfill the requirements of
participation in the State grant program, particularly such agency's
data collection efforts and such agency's ability to provide technical
assistance to local educational agencies not receiving funds under this
Act.
``(f) Required Documentation.--Such application shall include
documentation that the applicant has the qualified personnel required
to develop, administer, and implement the proposed program.
``(g) Contents.--
``(1) In general.--An application for a grant under this
subpart shall contain the following:
``(A) A description of the need for the proposed program,
including data on the number of children and youth of limited-
English proficiency in the school or school district to be
served and the characteristics of such children and youth, such
as language spoken, dropout rates, proficiency in English and
the native language, academic standing in relation to the
English-proficient peers of such children and youth, and, where
applicable, the recency of immigration.
``(B) A description of the program to be implemented and
how such program's design--
``(i) relates to the linguistic and academic needs of
the children and youth of limited-English proficiency to be
served;
``(ii) is coordinated with other programs under this
Act, the Goals 2000: Educate America Act and other Acts, as
appropriate, in accordance with section 14306;
``(iii) involves the parents of the children and youth
of limited-English proficiency to be served;
``(iv) ensures accountability in achieving high
academic standards; and
``(v) promotes coordination of services for the
children and youth of limited-English proficiency to be
served and their families.
``(C) A description, if appropriate, of the applicant's
collaborative activities with institutions of higher education,
community-based organizations, local or State educational
agencies, private schools, nonprofit organizations, or
businesses in carrying out the proposed program.
``(D) An assurance that the applicant will not reduce the
level of State and local funds that the applicant expends for
bilingual education or special alternative instruction programs
if the applicant receives an award under this subpart.
``(E) An assurance that the applicant will employ teachers
in the proposed program that, individually or in combination,
are proficient in English, including written, as well as oral,
communication skills.
``(F) A budget for grant funds.
``(2) Additional information.--Each application for a grant
under section 7114 or 7115 shall--
``(A) describe--
``(i) current services the applicant provides to
children and youth of limited-English proficiency;
``(ii) what services children and youth of limited-
English proficiency will receive under the grant that such
children or youth will not otherwise receive;
``(iii) how funds received under this subpart will be
integrated with all other Federal, State, local, and
private resources that may be used to serve children and
youth of limited-English proficiency;
``(iv) specific achievement and school retention goals
for the children and youth to be served by the proposed
program and how progress toward achieving such goals will
be measured; and
``(v) current family education programs if applicable;
and
``(B) provide assurances that--
``(i) the program funded will be integrated with the
overall educational program; and
``(ii) the application has been developed in
consultation with an advisory council, the majority of
whose members are parents and other representatives of the
children and youth to be served in such programs.
``(h) Approval of Applications.--An application for a grant under
this subpart may be approved only if the Secretary determines that--
``(1) the program will use qualified personnel, including
personnel who are proficient in the language or languages used for
instruction;
``(2) in designing the program for which application is made,
the needs of children in nonprofit private elementary and secondary
schools have been taken into account through consultation with
appropriate private school officials and, consistent with the
number of such children enrolled in such schools in the area to be
served whose educational needs are of the type and whose language
and grade levels are of a similar type to those which the program
is intended to address, after consultation with appropriate private
school officials, provision has been made for the participation of
such children on a basis comparable to that provided for public
school children;
``(3) student evaluation and assessment procedures in the
program are valid, reliable, and fair for limited English
proficient students, and that limited English proficient students
who are disabled are identified and served in accordance with the
requirements of the Individuals with Disabilities Education Act;
``(4) Federal funds made available for the project or activity
will be used so as to supplement the level of State and local funds
that, in the absence of such Federal funds, would have been
expended for special programs for children of limited English
proficient individuals and in no case to supplant such State and
local funds, except that nothing in this paragraph shall be
construed to preclude a local educational agency from using funds
under this title for activities carried out under an order of a
court of the United States or of any State respecting services to
be provided such children, or to carry out a plan approved by the
Secretary as adequate under title VI of the Civil Rights Act of
1964 with respect to services to be provided such children;
``(5) the assistance provided under the application will
contribute toward building the capacity of the applicant to provide
a program on a regular basis, similar to that proposed for
assistance, which will be of sufficient size, scope, and quality to
promise significant improvement in the education of students of
limited-English proficiency, and that the applicant will have the
resources and commitment to continue the program when assistance
under this subpart is reduced or no longer available; and
``(6) the applicant provides for utilization of the State and
national dissemination sources for program design and in
dissemination of results and products.
``(i) Priorities and Special Rules.--
``(1) Priority.--The Secretary shall give priority to
applications which provide for the development of bilingual
proficiency both in English and another language for all
participating students.
``(2) Special alternative instructional program.--Grants for
special alternative instructional programs under this subpart shall
not exceed 25 percent of the funds provided for any type of grant
under any section, or of the total funds provided, under this
subpart for any fiscal year.
``(3) Special rule.--Notwithstanding paragraph (2), the
Secretary may award grants under this subpart for special
alternative instructional programs if an applicant has demonstrated
that the applicant cannot develop and implement a bilingual
education program for the following reasons:
``(A) Where the diversity of the limited English proficient
students' native languages and the small number of students
speaking each respective language makes bilingual education
impractical.
``(B) Where, despite documented efforts, the applicant has
not been able to hire qualified instructional personnel who are
able to communicate in the students' native language.
``(4) Consideration.--In approving applications under this
subpart, the Secretary shall give consideration to the degree to
which the program for which assistance is sought involves the
collaborative efforts of institutions of higher education,
community-based organizations, the appropriate local and State
educational agency, or businesses.
``(5) Due consideration.--The Secretary shall give due
consideration to applications providing training for personnel
participating in or preparing to participate in the program which
will assist such personnel in meeting State and local certification
requirements and that, to the extent possible, describe how college
or university credit will be awarded for such training.
``SEC. 7117. INTENSIFIED INSTRUCTION.
``In carrying out this subpart, each grant recipient may intensify
instruction for limited English proficient students by--
``(1) expanding the educational calendar of the school in which
such student is enrolled to include programs before and after
school and during the summer months;
``(2) expanding the use of professional and volunteer aids;
``(3) applying technology to the course of instruction; and
``(4) providing intensified instruction through supplementary
instruction or activities, including educationally enriching
extracurricular activities, during times when school is not
routinely in session.
``SEC. 7118. CAPACITY BUILDING.
``Each recipient of a grant under this subpart shall use the grant
in ways that will build such recipient's capacity to continue to offer
high-quality bilingual and special alternative education programs and
services to children and youth of limited-English proficiency once
Federal assistance is reduced or eliminated.
``SEC. 7119. SUBGRANTS.
``A local educational agency that receives a grant under this
subpart may, with the approval of the Secretary, make a subgrant to, or
enter into a contract with, an institution of higher education, a
nonprofit organization, or a consortium of such entities to carry out
an approved program, including a program to serve out-of-school youth.
``SEC. 7120. PRIORITY ON FUNDING.
``The Secretary shall give priority to applications under this
subpart that describe a program that--
``(1) enrolls a large percentage or large number of limited
English proficient students;
``(2) takes into account significant increases in limited
English proficient children and youth, including such children and
youth in areas with low concentrations of such children and youth;
and
``(3) ensures that activities assisted under this subpart
address the needs of school systems of all sizes and geographic
areas, including rural and urban schools.
``SEC. 7121. COORDINATION WITH OTHER PROGRAMS.
``In order to secure the most flexible and efficient use of Federal
funds, any State receiving funds under this subpart shall coordinate
its program with other programs under this Act, the Goals 2000: Educate
America Act, and other Acts, as appropriate, in accordance with section
14306.
``SEC. 7122. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.
``Programs authorized under this part that serve Native American
children, Native Pacific Island children, and children in the
Commonwealth of Puerto Rico, notwithstanding any other provision of
this part, may include programs of instruction, teacher training,
curriculum development, evaluation, and testing designed for Native
American children and youth learning and studying Native American
languages and children and youth of limited-Spanish proficiency, except
that one outcome of such programs serving Native American children
shall be increased English proficiency among such children.
``SEC. 7123. EVALUATIONS.
``(a) Evaluation.--Each recipient of funds under this subpart shall
provide the Secretary with an evaluation, in the form prescribed by the
Secretary, of such recipient's program every two years.
``(b) Use of Evaluation.--Such evaluation shall be used by a grant
recipient--
``(1) for program improvement;
``(2) to further define the program's goals and objectives; and
``(3) to determine program effectiveness.
``(c) Evaluation Components.--Evaluations shall include--
``(1) how students are achieving the State student performance
standards, if any, including data comparing children and youth of
limited-English proficiency with nonlimited English proficient
children and youth with regard to school retention, academic
achievement, and gains in English (and, where applicable, native
language) proficiency;
``(2) program implementation indicators that provide
information for informing and improving program management and
effectiveness, including data on appropriateness of curriculum in
relationship to grade and course requirements, appropriateness of
program management, appropriateness of the program's staff
professional development, and appropriateness of the language of
instruction;
``(3) program context indicators that describe the relationship
of the activities funded under the grant to the overall school
program and other Federal, State, or local programs serving
children and youth of limited English proficiency; and
``(4) such other information as the Secretary may require.
``SEC. 7124. CONSTRUCTION.
``Nothing in this part shall be construed to prohibit a local
educational agency from serving limited English proficient children and
youth simultaneously with students with similar educational needs, in
the same educational settings where appropriate.
``Subpart 2--Research, Evaluation, and Dissemination
``SEC. 7131. AUTHORITY.
``(a) In General.--The Secretary is authorized to conduct data
collection, dissemination, research, and ongoing program evaluation
activities in accordance with the provisions of this subpart for the
purpose of improving bilingual education and special alternative
instruction programs for children and youth of limited English
proficiency.
``(b) Competitive Awards.--Research and program evaluation
activities carried out under this subpart shall be supported through
competitive grants, contracts and cooperative agreements awarded
institutions of higher education, nonprofit organizations, and State
and local educational agencies.
``(c) Administration.--The Secretary shall conduct data collection,
dissemination, and ongoing program evaluation activities authorized by
this subpart through the Office of Bilingual Education and Minority
Language Affairs.
``SEC. 7132. RESEARCH.
``(a) Administration.--The Secretary shall conduct research
activities authorized by this subpart through the Office of Educational
Research and Improvement in coordination and collaboration with the
Office of Bilingual Education and Minority Language Affairs.
``(b) Requirements.--Such research activities--
``(1) shall have a practical application to teachers,
counselors, paraprofessionals, school administrators, parents, and
others involved in improving the education of limited English
proficient students and their families;
``(2) may include research on effective instructional practices
for multilingual classes, and on effective instruction strategies
to be used by teachers and other staff who do not know the native
language of a limited English proficient child or youth in their
classrooms;
``(3) may include establishing (through the National Center for
Education Statistics in consultation with experts in bilingual
education, second language acquisition, and English-as-a-second-
language) a common definition of `limited English proficient
student' for purposes of national data collection; and
``(4) shall be administered by individuals with expertise in
bilingual education and the needs of limited English proficient
students and their families.
``(c) Field-Initiated Research.--
``(1) In general.--The Secretary shall reserve not less than 5
percent of the funds made available to carry out this section for
field-initiated research conducted by current or recent recipients
of grants under subpart 1 or 2 who have received such grants within
the previous five years. Such research may provide for longitudinal
studies of students or teachers in bilingual education, monitoring
the education of such students from entry in bilingual education
through secondary school completion.
``(2) Applications.--Applicants for assistance under this
subsection may submit an application for such assistance to the
Secretary at the same time as applications are submitted under
subpart 1 or 2. The Secretary shall complete a review of such
applications on a timely basis to allow research and program grants
to be coordinated when recipients are awarded two or more such
grants.
``(d) Consultation.--The Secretary shall consult with agencies and
organizations that are engaged in bilingual education research and
practice, or related research, and bilingual education researchers and
practitioners to identify areas of study and activities to be funded
under this section.
``(e) Data Collection.--The Secretary shall provide for the
continuation of data collection on limited English proficient students
as part of the data systems operated by the Department.
``SEC. 7133. ACADEMIC EXCELLENCE AWARDS.
``(a) Awards.--The Secretary may make grants to, and enter into
contracts and cooperative agreements with, State and local educational
agencies, nonprofit organizations, and institutions of higher education
to promote the adoption and implementation of bilingual education,
special alternative instruction programs, and professional development
programs that demonstrate promise of assisting children and youth of
limited English proficiency to meet challenging State standards.
``(b) Applications.--
``(1) In general.--Each entity desiring an award under this
section shall submit an application to the Secretary in such form,
at such time, and containing such information and assurances as the
Secretary may reasonably require.
``(2) Peer review.--The Secretary shall use a peer review
process, using effectiveness criteria that the Secretary shall
establish, to review applications under this section.
``(c) Use of Funds.--Funds under this section shall be used to
enhance the capacity of States and local education agencies to provide
high quality academic programs for children and youth of limited
English proficiency, which may include--
``(1) completing the development of such programs;
``(2) professional development of staff participating in
bilingual education programs;
``(3) sharing strategies and materials; and
``(4) supporting professional networks.
``(d) Coordination.--Recipients of funds under this section shall
coordinate the activities assisted under this section with activities
carried out by comprehensive regional assistance centers assisted under
part A of title XIII.
``SEC. 7134. STATE GRANT PROGRAM.
``(a) State Grant Program.--The Secretary is authorized to make an
award to a State educational agency that demonstrates, to the
satisfaction of the Secretary, that such agency, through such agency's
own programs and other Federal education programs, effectively provides
for the education of children and youth of limited English proficiency
within the State.
``(b) Payments.--The amount paid to a State educational agency
under subsection (a) shall not exceed 5 percent of the total amount
awarded to local educational agencies within the State under subpart 1
for the previous fiscal year, except that in no case shall the amount
paid by the Secretary to any State educational agency under this
subsection for any fiscal year be less than $100,000.
``(c) Use of Funds.--
``(1) In general.--A State educational agency shall use funds
awarded under this section for programs authorized by this section
to--
``(A) assist local educational agencies in the State with
program design, capacity building, assessment of student
performance, and program evaluation; and
``(B) collect data on the State's limited English
proficient populations and the educational programs and
services available to such populations.
``(2) Exception.--States which do not, as of the date of
enactment of the Improving America's Schools Act of 1994, have in
place a system for collecting the data described in subparagraph
(B) of paragraph (1) for all students in such State, are not
required to meet the requirement of such subparagraph. In the event
such State develops a system for collecting data on the educational
programs and services available to all students in the State, then
such State shall comply with the requirement of paragraph (1)(B).
``(3) Training.--The State educational agency may also use
funds provided under this section for the training of State
educational agency personnel in educational issues affecting
limited English proficient children and youth.
``(4) Special rule.--Recipients of funds under this section
shall not restrict the provision of services under this section to
federally funded programs.
``(d) State Consultation.--A State educational agency receiving
funds under this section shall consult with recipients of grants under
this title and other individuals or organizations involved in the
development or operation of programs serving limited English proficient
children or youth to ensure that such funds are used in a manner
consistent with the requirements of this title.
``(e) Applications.--A State educational agency desiring to receive
funds under this section shall submit an application to the Secretary
in such form, at such time, and containing such information and
assurances as the Secretary may require.
``(f) Supplement Not Supplant.--Funds made available under this
section for any fiscal year shall be used by the State educational
agency to supplement and, to the extent practical, to increase to the
level of funds that would, in the absence of such funds, be made
available by the State for the purposes described in this section, and
in no case to supplant such funds.
``(g) Report to the Secretary.--State educational agencies
receiving awards under this section shall provide for the annual
submission of a summary report to the Secretary describing such State's
use of such funds.
``SEC. 7135. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.
``(a) Establishment.--The Secretary shall establish and support the
operation of a National Clearinghouse for Bilingual Education, which
shall collect, analyze, synthesize, and disseminate information about
bilingual education and related programs.
``(b) Functions.--The National Clearinghouse for Bilingual
Education shall--
``(1) be administered as an adjunct clearinghouse of the
Educational Resources Information Center Clearinghouses system of
clearinghouses supported by the Office of Educational Research and
Improvement;
``(2) coordinate its activities with Federal data and
information clearinghouses and dissemination networks and systems;
``(3) develop a data base management and monitoring system for
improving the operation and effectiveness of federally funded
bilingual education programs; and
``(4) develop, maintain, and disseminate, through comprehensive
regional assistance centers described in part A of title XIII if
appropriate, a listing by geographical area of education
professionals, parents, teachers, administrators, community members
and others who are native speakers of languages other than English
for use as a resource by local educational agencies and schools in
the development and implementation of bilingual education programs.
``SEC. 7136. INSTRUCTIONAL MATERIALS DEVELOPMENT.
``The Secretary may provide grants for the development,
publication, and dissemination of high-quality instructional materials
in Native American and Native Hawaiian languages and the language of
Native Pacific Islanders and natives of the outlying areas for which
instructional materials are not readily available. The Secretary shall
give priority to the development of instructional materials in
languages indigenous to the United States or the outlying areas. The
Secretary shall also accord priority to applications for assistance
under this section which provide for developing and evaluating
materials in collaboration with activities assisted under subparts 1
and 2 and which are consistent with voluntary national content
standards and challenging State content standards.
``Subpart 3--Professional Development
``SEC. 7141. PURPOSE.
``The purpose of this subpart is to assist in preparing educators
to improve the educational services for limited English proficient
children and youth by supporting professional development programs and
the dissemination of information on appropriate instructional practices
for such children and youth.
``SEC. 7142. TRAINING FOR ALL TEACHERS PROGRAM.
``(a) Purpose.--The purpose of this section is to provide for the
incorporation of courses and curricula on appropriate and effective
instructional and assessment methodologies, strategies and resources
specific to limited English proficient students into preservice and
inservice professional development programs for teachers, pupil
services personnel, administrators and other education personnel in
order to prepare such individuals to provide effective services to
limited English proficient students.
``(b) Authorization.--
``(1) Authority.--The Secretary is authorized to award grants
to institutions of higher education, local educational agencies,
and State educational agencies or to nonprofit organizations which
have entered into consortia arrangements with one of such
institutions or agencies.
``(2) Duration.--Each grant under this section shall be awarded
for a period of not more than five years.
``(c) Permissible Activities.--Activities conducted under this
section may include the development of training programs in
collaboration with other programs such as programs authorized under
titles I and II of this Act, and under the Head Start Act.
``SEC. 7143. BILINGUAL EDUCATION TEACHERS AND PERSONNEL GRANTS.
``(a) Purpose.--The purpose of this section is to provide for--
``(1) preservice and inservice professional development for
bilingual education teachers, administrators, pupil services
personnel, and other educational personnel who are either involved
in, or preparing to be involved in, the provision of educational
services for children and youth of limited-English proficiency; and
``(2) national professional development institutes that assist
schools or departments of education in institutions of higher
education to improve the quality of professional development
programs for personnel serving, preparing to serve, or who may
serve, children and youth of limited-English proficiency.
``(b) Priority.--The Secretary shall give priority in awarding
grants under this section to institutions of higher education, in
consortia with local or State educational agencies, that offer degree
programs which prepare new bilingual education teachers in order to
increase the availability of educators to provide high-quality
education to limited English proficient students.
``(c) Authorization.--
``(1) The Secretary is authorized to award grants for not more
than five years to institutions of higher education which have
entered into consortia arrangements with local or State educational
agencies to achieve the purposes of this section.
``(2) The Secretary is authorized to make grants for not more
than five years to State and local educational agencies for
inservice professional development programs.
``SEC. 7144. BILINGUAL EDUCATION CAREER LADDER PROGRAM.
``(a) Purpose.--The purpose of this section is--
``(1) to upgrade the qualifications and skills of noncertified
educational personnel, especially educational paraprofessionals, to
meet high professional standards, including certification and
licensure as bilingual education teachers and other educational
personnel who serve limited English proficient students, through
collaborative training programs operated by institutions of higher
education and local and State educational agencies; and
``(2) to help recruit and train secondary school students as
bilingual education teachers and other educational personnel to
serve limited English proficient students.
``(b) Authorization.--
``(1) In general.--The Secretary is authorized to award grants
for bilingual education career ladder programs to institutions of
higher education applying in consortia with local or State
educational agencies, which consortia may include community-based
organizations or professional education organizations.
``(2) Duration.--Each grant under this section shall be awarded
for a period of not more than five years.
``(c) Permissive Activities.--Grants awarded under this section may
be used--
``(1) for the development of bilingual education career ladder
program curricula appropriate to the needs of the consortium
participants;
``(2) to provide assistance for stipends and costs related to
tuition, fees and books for enrolling in courses required to
complete the degree and certification requirements to become
bilingual education teachers; and
``(3) for programs to introduce secondary school students to
careers in bilingual education teaching that are coordinated with
other activities assisted under this section.
``(d) Special Consideration.--The Secretary shall give special
consideration to applications under this section which provide for--
``(1) participant completion of baccalaureate and master's
degree teacher education programs, and certification requirements
and may include effective employment placement activities;
``(2) development of teacher proficiency in English a second
language, including demonstrating proficiency in the instructional
use of English and, as appropriate, a second language in classroom
contexts;
``(3) coordination with the Federal TRIO programs under chapter
1 of part A of title IV of the Higher Education Act of 1965, the
National Mini Corps under subpart 1 of part F of title V of such
Act, the Teacher Corps program under subpart 3 of part C of title V
of such Act, and the National Community and Service Trust Act of
1993 programs, and other programs for the recruitment and retention
of bilingual students in secondary and postsecondary programs to
train to become bilingual educators; and
``(4) the applicant's contribution of additional student
financial aid to participating students.
``SEC. 7145. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION PROGRAM.
``(a) Authorization.--
``(1) In general.--The Secretary may award fellowships for
masters, doctoral, and post-doctoral study related to instruction
of children and youth of limited-English proficiency in such areas
as teacher training, program administration, research and
evaluation, and curriculum development, and for the support of
dissertation research related to such study.
``(2) Number.--For fiscal year 1994 not less than 500
fellowships leading to a master's or doctorate degree shall be
awarded under this section.
``(3) Information.--The Secretary shall include information on
the operation and the number of fellowships awarded under the
fellowship program in the evaluation required under section 7149.
``(b) Fellowship Requirements.--
``(1) In general.--Any person receiving a fellowship under this
section shall agree to--
``(A) work in an activity related to the program or in an
activity such as an activity authorized under this part,
including work as a bilingual education teacher, for a period
of time equivalent to the period of time during which such
person receives assistance under this section; or
``(B) repay such assistance.
``(2) Regulations.--The Secretary shall establish in
regulations such terms and conditions for such agreement as the
Secretary deems reasonable and necessary and may waive the
requirement of paragraph (1) in extraordinary circumstances.
``(c) Priority.--In awarding fellowships under this section the
Secretary may give priority to institutions of higher education that
demonstrate experience in assisting fellowship recipients find
employment in the field of bilingual education.
``SEC. 7146. APPLICATION.
``(a) In General.--
``(1) Secretary.--To receive an award under this subpart, an
eligible entity shall submit an application to the Secretary at
such time, in such form, and containing such information as the
Secretary may require.
``(2) Consultation and assessment.--Each such application shall
contain a description of how the applicant has consulted with, and
assessed the needs of, public and private schools serving children
and youth of limited-English proficiency to determine such school's
need for, and the design of, the program for which funds are
sought.
``(3) Special rule.--(A) An application for a grant under
subsection (a) from an applicant who proposes to conduct a
master's- or doctoral-level program with funds received under this
section shall provide an assurance that such program will include,
as a part of the program, a training practicum in a local school
program serving children and youth of limited-English proficiency.
``(B) A recipient of a grant under subsection (a) may waive the
requirement of a training practicum for a degree candidate with
significant experience in a local school program serving children
and youth of limited-English proficiency.
``(4) State educational agency.--An eligible entity, with the
exception of schools funded by the Bureau of Indian Affairs, shall
submit a copy of the application under this subsection to the State
educational agency.
``(b) State Review and Comments.--
``(1) Deadline.--The State educational agency, not later than
45 days after receipt of such application copy, shall review the
application and transmit such application to the Secretary.
``(2) Comments.--(A) Regarding any application submitted under
this subpart, the State educational agency shall--
``(i) submit to the Secretary written comments regarding
all such applications; and
``(ii) submit to each eligible entity the comments that
pertain to such entity.
``(B) For purposes of this subpart, comments shall address how
the eligible entity--
``(i) will further the academic achievement of limited
English proficient students served pursuant to a grant received
under this subpart; and
``(ii) how the grant application is consistent with the
State plan submitted under section 1111.
``(3) Waiver.--Notwithstanding paragraphs (1) and (2), the
Secretary is authorized to waive the review requirement if a State
educational agency can demonstrate that such review requirement may
impede such agency's ability to fulfill the requirements of
participation in the State grant program, particularly such
agency's data collection efforts and such agency's ability to
provide technical assistance to local educational agencies not
receiving funds under this Act.
``(c) Eligible Entity Comments.--An eligible entity may submit to
the Secretary comments that address the comments submitted by the State
educational agency.
``(d) Comment Consideration.--In making awards under this subpart
the Secretary shall take into consideration comments made by a State
educational agency.
``(e) Special Rule.--
``(1) Outreach and technical assistance.--The Secretary shall
provide for outreach and technical assistance to institutions of
higher education eligible for assistance under title III of the
Higher Education Act of 1965 and institutions of higher education
that are operated or funded by the Bureau of Indian Affairs to
facilitate the participation of such institutions in activities
under this part.
``(2) Distribution rule.--In making awards under this subpart,
the Secretary, consistent with subsection (d), shall ensure
adequate representation of Hispanic-serving institutions that
demonstrate competence and experience in the programs and
activities authorized under this subpart and are otherwise
qualified.
``SEC. 7147. PROGRAM REQUIREMENTS.
``Activities conducted under this subpart shall assist educational
personnel in meeting State and local certification requirements for
bilingual education and, wherever possible, shall lead toward the
awarding of college or university credit.
``SEC. 7148. STIPENDS.
``The Secretary shall provide for the payment of such stipends
(including allowances for subsistence and other expenses for such
persons and their dependents), as the Secretary determines to be
appropriate, to persons participating in training programs under this
subpart.
``SEC. 7149. PROGRAM EVALUATIONS.
``Each recipient of funds under this subpart shall provide the
Secretary with an evaluation of the program assisted under this subpart
every two years. Such evaluation shall include data on--
``(1) post-program placement of persons trained in a program
assisted under this subpart;
``(2) how the training relates to the employment of persons
served by the program;
``(3) program completion; and
``(4) such other information as the Secretary may require.
``SEC. 7150. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.
``Awards under this subpart may be used to develop a program
participant's competence in a second language for use in instructional
programs.
``Subpart 4--Transition
``SEC. 7161. SPECIAL RULE.
``Notwithstanding any other provision of law, no recipient of a
grant under title VII of this Act (as such title was in effect on the
day preceding the date of enactment of the Improving America's Schools
Act of 1994) shall be eligible for fourth- and fifth-year renewals
authorized by section 7021(d)(1)(C) of such title (as such section was
in effect on the day preceding the date of enactment of such Act).
``PART B--FOREIGN LANGUAGE ASSISTANCE PROGRAM
``SEC. 7201. SHORT TITLE.
``This part may be cited as the `Foreign Language Assistance Act of
1994'.
``SEC. 7202. FINDINGS.
``The Congress finds as follows:
``(1) Foreign language proficiency is crucial to our Nation's
economic competitiveness and national security. Significant
improvement in the quantity and quality of foreign language
instruction offered in our Nation's elementary and secondary
schools is necessary.
``(2) All Americans need a global perspective. To understand
the world around us, we must acquaint ourselves with the languages,
cultures, and history of other nations.
``(3) Proficiency in two or more languages should be promoted
for all American students. Multilingualism enhances cognitive and
social growth, competitiveness in the global marketplace, national
security, and understanding of diverse people and cultures.
``(4) The United States lags behind other developed countries
in offering foreign language study to elementary and secondary
school students.
``(5) Four out of five new jobs in the United States are
created from foreign trade.
``(6) The optimum time to begin learning a second language is
in elementary school, when children have the ability to learn and
excel in several foreign language acquisition skills, including
pronunciation, and when children are most open to appreciating and
valuing a culture other than their own.
``(7) Foreign language study can increase childrens' capacity
for critical and creative thinking skills and children who study a
second language show greater cognitive development in areas such as
mental flexibility, creativity, tolerance, and higher order
thinking skills.
``(8) Children who have studied a foreign language in
elementary school achieve expected gains and score higher on
standardized tests of reading, language arts, and mathematics than
children who have not studied a foreign language.
``SEC. 7203. PROGRAM AUTHORIZED.
``(a) Program Authority.--
``(1) In general.--The Secretary shall make grants, on a
competitive basis, to State educational agencies or local
educational agencies to pay the Federal share of the cost of
innovative model programs providing for the establishment,
improvement or expansion of foreign language study for elementary
and secondary school students.
``(2) Duration.--Each grant under paragraph (1) shall be
awarded for a period of three years.
``(b) Requirements.--
``(1) Grants to state educational agencies.--In awarding a
grant under subsection (a) to a State educational agency, the
Secretary shall support programs that promote systemic approaches
to improving foreign language learning in the State.
``(2) Grants to local educational agencies.--In awarding a
grant under subsection (a) to a local educational agency, the
Secretary shall support programs that--
``(A) show the promise of being continued beyond the grant
period;
``(B) demonstrate approaches that can be disseminated and
duplicated in other local educational agencies; and
``(C) may include a professional development component.
``(c) Federal Share.--
``(1) In general.--The Federal share for each fiscal year shall
be 50 percent.
``(2) Waiver.--The Secretary may waive the requirement of
paragraph (1) for any local educational agency which the Secretary
determines does not have adequate resources to pay the non-Federal
share of the cost of the activities assisted under this part.
``(3) Special rule.--Not less than three-fourths of the funds
appropriated under section 7206 shall be used for the expansion of
foreign language learning in the elementary grades.
``(4) Reservation.--The Secretary may reserve not more than 5
percent of funds appropriated under section 7206 to evaluate the
efficacy of programs under this part.
``SEC. 7204. APPLICATIONS.
``(a) In General.--Any State educational agency or local
educational agency desiring a grant under this part shall submit an
application to the Secretary at such time, in such form, and containing
such information and assurances as the Secretary may require.
``(b) Special Consideration.--The Secretary shall give special
consideration to applications describing programs that--
``(1) include intensive summer foreign language programs for
professional development;
``(2) link non-native English speakers in the community with
the schools in order to promote two-way language learning; or
``(3) promote the sequential study of a foreign language for
students, beginning in elementary schools.
``SEC. 7205. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE PROGRAM.
``(a) Incentive Payments.--From amounts appropriated under section
7206 the Secretary shall make an incentive payment for each fiscal year
to each public elementary school that provides to students attending
such school a program designed to lead to communicative competency in a
foreign language.
``(b) Amount.--The Secretary shall determine the amount of the
incentive payment under subsection (a) for each public elementary
school for each fiscal year on the basis of the number of students
participating in a program described in such subsection at such school
for such year compared to the total number of such students at all such
schools in the United States for such year.
``(c) Requirement.--The Secretary shall consider a program to be
designed to lead to communicative competency in a foreign language if
such program is comparable to a program that provides not less than 45
minutes of instruction in a foreign language not less than four days
per week throughout an academic year.
``SEC. 7206. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $35,000,000 for the
fiscal year 1995, and such sums as may be necessary for each of the
four succeeding fiscal years, to carry out this part, of which not more
than $20,000,000 may be used in each fiscal year to carry out section
7205.
``PART C--EMERGENCY IMMIGRANT EDUCATION PROGRAM
``SEC. 7301. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) the education of our Nation's children and youth is one
of the most sacred government responsibilities;
``(2) local educational agencies have struggled to fund
adequately education services;
``(3) in the case of Plyler v. Doe, the Supreme Court held that
States have a responsibility under the Equal Protection Clause of
the Constitution to educate all children, regardless of immigration
status; and
``(4) immigration policy is solely a responsibility of the
Federal Government.
``(b) Purpose.--The purpose of this part is to assist eligible
local educational agencies that experience unexpectedly large increases
in their student population due to immigration to--
``(1) provide high-quality instruction to immigrant children
and youth; and
``(2) help such children and youth--
``(A) with their transition into American society; and
``(B) meet the same challenging State performance standards
expected of all children and youth.
``SEC. 7302. STATE ADMINISTRATIVE COSTS.
``For any fiscal year, a State educational agency may reserve not
more than 1.5 percent of the amount allocated to such agency under
section 7304 to pay the costs of performing such agency's
administrative functions under this part.
``SEC. 7303. WITHHOLDING.
``Whenever the Secretary, after providing reasonable notice and
opportunity for a hearing to any State educational agency, finds that
there is a failure to meet the requirement of any provision of this
part, the Secretary shall notify that agency that further payments will
not be made to the agency under this part, or in the discretion of the
Secretary, that the State educational agency shall not make further
payments under this part to specified local educational agencies whose
actions cause or are involved in such failure until the Secretary is
satisfied that there is no longer any such failure to comply. Until the
Secretary is so satisfied, no further payments shall be made to the
State educational agency under this part, or payments by the State
educational agency under this part shall be limited to local
educational agencies whose actions did not cause or were not involved
in the failure, as the case may be.
``SEC. 7304. STATE ALLOCATIONS.
``(a) Payments.--The Secretary shall, in accordance with the
provisions of this section, make payments to State educational agencies
for each of the fiscal years 1995 through 1999 for the purpose set
forth in section 7301(b).
``(b) Allocations.--
``(1) In general.--Except as provided in subsections (c) and
(d), of the amount appropriated for each fiscal year for this part,
each State participating in the program assisted under this part
shall receive an allocation equal to the proportion of such State's
number of immigrant children and youth who are enrolled in public
elementary or secondary schools under the jurisdiction of each
local educational agency described in paragraph (2) within such
State, and in nonpublic elementary or secondary schools within the
district served by each such local educational agency, relative to
the total number of immigrant children and youth so enrolled in all
the States participating in the program assisted under this part.
``(2) Eligible local educational agencies.--The local
educational agencies referred to in paragraph (1) are those local
educational agencies in which the sum of the number of immigrant
children and youth who are enrolled in public elementary or
secondary schools under the jurisdiction of such agencies, and in
nonpublic elementary or secondary schools within the districts
served by such agencies, during the fiscal year for which the
payments are to be made under this part, is equal to--
``(A) at least 500; or
``(B) at least 3 percent of the total number of students
enrolled in such public or nonpublic schools during such fiscal
year,
whichever number is less.
``(c) Determinations of Number of Children and Youth.--
``(1) In general.--Determinations by the Secretary under this
section for any period with respect to the number of immigrant
children and youth shall be made on the basis of data or estimates
provided to the Secretary by each State educational agency in
accordance with criteria established by the Secretary, unless the
Secretary determines, after notice and opportunity for a hearing to
the affected State educational agency, that such data or estimates
are clearly erroneous.
``(2) Special rule.--No such determination with respect to the
number of immigrant children and youth shall operate because of an
underestimate or overestimate to deprive any State educational
agency of the allocation under this section that such State would
otherwise have received had such determination been made on the
basis of accurate data.
``(d) Reallocation.--Whenever the Secretary determines that any
amount of a payment made to a State under this part for a fiscal year
will not be used by such State for carrying out the purpose for which
the payment was made, the Secretary shall make such amount available
for carrying out such purpose to one or more other States to the extent
the Secretary determines that such other States will be able to use
such additional amount for carrying out such purpose. Any amount made
available to a State from any appropriation for a fiscal year in
accordance with the preceding sentence shall, for purposes of this
part, be regarded as part of such State's payment (as determined under
subsection (b)) for such year, but shall remain available until the end
of the succeeding fiscal year.
``(e) Reservation of Funds.--
``(1) In general.--Notwithstanding any other provision of this
part, if the amount appropriated to carry out this part exceeds
$50,000,000 for a fiscal year, a State educational agency may
reserve not more than 20 percent of such agency's payment under
this part for such year to award grants, on a competitive basis, to
local educational agencies within the State as follows:
``(A) At least one-half of such grants shall be made
available to eligible local educational agencies (as described
in subsection (b)(2)) within the State with the highest numbers
and percentages of immigrant children and youth.
``(B) Funds reserved under this paragraph and not made
available under subparagraph (A) may be distributed to local
educational agencies within the State experiencing a sudden
influx of immigrant children and youth which are otherwise not
eligible for assistance under this part.
``(2) Use of grant funds.--Each local educational agency
receiving a grant under paragraph (1) shall use such grant funds to
carry out the activities described in section 7307.
``(3) Information.--Local educational agencies with the highest
number of immigrant children and youth receiving funds under
paragraph (1) may make information available on serving immigrant
children and youth to local educational agencies in the State with
sparse numbers of such children.
``SEC. 7305. STATE APPLICATIONS.
``(a) Submission.--No State educational agency shall receive any
payment under this part for any fiscal year unless such agency submits
an application to the Secretary at such time, in such manner, and
containing or accompanied by such information, as the Secretary may
reasonably require. Each such application shall--
``(1) provide that the educational programs, services, and
activities for which payments under this part are made will be
administered by or under the supervision of the agency;
``(2) provide assurances that payments under this part will be
used for purposes set forth in sections 7301 and 7307, including a
description of how local educational agencies receiving funds under
this part will use such funds to meet such purposes and will
coordinate with other programs assisted under this Act, the Goals
2000: Educate America Act, and other Acts as appropriate;
``(3) provide an assurance that local educational agencies
receiving funds under this part will coordinate the use of such
funds with programs assisted under part A or title I;
``(4) provide assurances that such payments, with the exception
of payments reserved under section 7304(e), will be distributed
among local educational agencies within that State on the basis of
the number of immigrant children and youth counted with respect to
each such local educational agency under section 7304(b)(1);
``(5) provide assurances that the State educational agency will
not finally disapprove in whole or in part any application for
funds received under this part without first affording the local
educational agency submitting an application for such funds
reasonable notice and opportunity for a hearing;
``(6) provide for making such reports as the Secretary may
reasonably require to perform the Secretary's functions under this
part;
``(7) provide assurances--
``(A) that to the extent consistent with the number of
immigrant children and youth enrolled in the nonpublic
elementary or secondary schools within the district served by a
local educational agency, such agency, after consultation with
appropriate officials of such schools, shall provide for the
benefit of such children and youth secular, neutral, and
nonideological services, materials, and equipment necessary for
the education of such children and youth;
``(B) that the control of funds provided under this part to
any materials, equipment, and property repaired, remodeled, or
constructed with those funds shall be in a public agency for
the uses and purposes provided in this part, and a public
agency shall administer such funds and property; and
``(C) that the provision of services pursuant to this
paragraph shall be provided by employees of a public agency or
through contract by such public agency with a person,
association, agency, or corporation who or which, in the
provision of such services, is independent of such nonpublic
elementary or secondary school and of any religious
organization, and such employment or contract shall be under
the control and supervision of such public agency, and the
funds provided under this paragraph shall not be commingled
with State or local funds;
``(8) provide that funds reserved under subsection (e) of
section 7304 be awarded on a competitive basis based on merit and
need in accordance with such subsection; and
``(9) provide an assurance that State and local educational
agencies receiving funds under this part will comply with the
requirements of section 1120(b).
``(b) Application Review.--
``(1) In general.--The Secretary shall review all applications
submitted pursuant to this section by State educational agencies.
``(2) Approval.--The Secretary shall approve any application
submitted by a State educational agency that meets the requirements
of this section.
``(3) Disapproval.--The Secretary shall disapprove any
application submitted by a State educational agency which does not
meet the requirements of this section, but shall not finally
disapprove an application except after providing reasonable notice,
technical assistance, and an opportunity for a hearing to the
State.
``SEC. 7306. ADMINISTRATIVE PROVISIONS.
``(a) Notification of Amount.--The Secretary, not later than June 1
of each year, shall notify each State educational agency that has an
application approved under section 7305 of the amount of such agency's
allocation under section 7304 for the succeeding year.
``(b) Services to Children Enrolled in Nonpublic Schools.--If by
reason of any provision of law a local educational agency is prohibited
from providing educational services for children enrolled in elementary
and secondary nonpublic schools, as required by section 7305(a)(7), or
if the Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for the participation
on an equitable basis of children enrolled in such schools, the
Secretary may waive such requirement and shall arrange for the
provision of services, subject to the requirements of this part, to
such children. Such waivers shall be subject to consultation,
withholding, notice, and judicial review requirements in accordance
with the provisions of title I.
``SEC. 7307. USES OF FUNDS.
``(a) Use of Funds.--Funds awarded under this part shall be used to
pay for enhanced instructional opportunities for immigrant children and
youth, which may include--
``(1) family literacy, parent outreach, and training activities
designed to assist parents to become active participants in the
education of their children;
``(2) salaries of personnel, including teacher aides who have
been specifically trained, or are being trained, to provide
services to immigrant children and youth;
``(3) tutorials, mentoring, and academic or career counseling
for immigrant children and youth;
``(4) identification and acquisition of curricular materials,
educational software, and technologies to be used in the program;
``(5) basic instructional services which are directly
attributable to the presence in the school district of immigrant
children, including the costs of providing additional classroom
supplies, overhead costs, costs of construction, acquisition or
rental of space, costs of transportation, or such other costs as
are directly attributable to such additional basic instructional
services; and
``(6) such other activities, related to the purposes of this
part, as the Secretary may authorize.
``(b) Consortia.--A local educational agency that receives a grant
under this part may collaborate or form a consortium with one or more
local educational agencies, institutions of higher education, and
nonprofit organizations to carry out the program described in an
application approved under this part.
``(c) Subgrants.--A local educational agency that receives a grant
under this part may, with the approval of the Secretary, make a
subgrant to, or enter into a contract with, an institution of higher
education, a nonprofit organization, or a consortium of such entities
to carry out a program described in an application approved under this
part, including a program to serve out-of-school youth.
``(d) Construction.--Nothing in this part shall be construed to
prohibit a local educational agency from serving immigrant children
simultaneously with students with similar educational needs, in the
same educational settings where appropriate.
``SEC. 7308. REPORTS.
``(a) Biennial Report.--Each State educational agency receiving
funds under this part shall submit, once every two years, a report to
the Secretary concerning the expenditure of funds by local educational
agencies under this part. Each local educational agency receiving funds
under this part shall submit to the State educational agency such
information as may be necessary for such report.
``(b) Report to Congress.--The Secretary shall submit, once every
two years, a report to the appropriate committees of the Congress
concerning programs assisted under this part in accordance with section
14701.
``SEC. 7309. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated $100,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the four succeeding fiscal years.
``PART D--ADMINISTRATION
``SEC. 7401. RELEASE TIME.
``The Secretary shall allow professional development programs
funded under part A to use funds provided under part A for professional
release time to enable individuals to participate in programs assisted
under part A.
``SEC. 7402. EDUCATION TECHNOLOGY.
``Funds made available under part A may be used to provide for the
acquisition or development of education technology or instructional
materials, including authentic materials in languages other than
English, access to and participation in electronic networks for
materials, training and communications, and incorporation of such
resources in curricula and programs such as those funded under this
title.
``SEC. 7403. NOTIFICATION.
``The State educational agency, and when applicable, the State
board for postsecondary education, shall be notified within three
working days of the date an award under part A is made to an eligible
entity within the State.
``SEC. 7404. CONTINUED ELIGIBILITY.
``Entities receiving grants under this title shall remain eligible
for grants for subsequent activities which extend or expand and do not
duplicate those activities supported by a previous grant under this
title. In considering applications for grants under this title, the
Secretary shall take into consideration the applicant's record of
accomplishments under previous grants under this title.
``SEC. 7405. COORDINATIONS AND REPORTING REQUIREMENTS.
``(a) Coordination With Related Programs.--In order to maximize
Federal efforts aimed at serving the educational needs of children and
youth of limited-English proficiency, the Secretary shall coordinate
and ensure close cooperation with other programs serving language-
minority and limited English proficient students that are administered
by the Department and other agencies. The Secretary shall consult with
the Secretary of Labor, the Secretary of Health and Human Services, the
Secretary of Agriculture, the Attorney General and the heads of other
relevant agencies to identify and eliminate barriers to appropriate
coordination of programs that affect language-minority and limited
English proficient students and their families. The Secretary shall
provide for continuing consultation and collaboration, between the
Office and relevant programs operated by the Department, including
programs under title I and other programs under this Act, in planning,
contracts, providing joint technical assistance, providing joint field
monitoring activities and in other relevant activities to ensure
effective program coordination to provide high quality education
opportunities to all language-minority and limited English proficient
students.
``(b) Data.--The Secretary shall, to the extent feasible, ensure
that all data collected by the Department shall include the collection
and reporting of data on limited English proficient students.
``(c) Publication of Proposals.--The Secretary shall publish and
disseminate all requests for proposals for programs funded under part
A.
``(d) Report.--The Director shall prepare and, not later than
February 1 of every other year, shall submit to the Secretary and to
the Committee on Labor and Human Resources of the Senate and to the
Committee on Education and Labor of the House of Representatives a
report on--
``(1) the activities carried out under this title and the
effectiveness of such activities in improving the education
provided to limited English proficient children and youth;
``(2) a critical synthesis of data reported by the States
pursuant to section 7134;
``(3) an estimate of the number of certified bilingual
education personnel in the field and an estimate of the number of
bilingual education teachers which will be needed for the
succeeding five fiscal years;
``(4) the major findings of research carried out under this
title; and
``(5) recommendations for further developing the capacity of
our Nation's schools to educate effectively limited English
proficient students.
``PART E--GENERAL PROVISIONS
``SEC. 7501. DEFINITIONS; REGULATIONS.
``Except as otherwise provided, for purposes of this title--
``(1) Bilingual education program.--The term `bilingual
education program' means an educational program for limited English
proficient students that--
``(A) makes instructional use of both English and a
student's native language;
``(B) enables limited English proficient students to
achieve English proficiency and academic mastery of subject
matter content and higher order skills, including critical
thinking, so as to meet age-appropriate grade-promotion and
graduation standards in concert with the National Education
Goals;
``(C) may also develop the native language skills of
limited English proficient students, or ancestral languages of
American Indians, Alaska Natives, Native Hawaiians and native
residents of the outlying areas; and
``(D) may include the participation of English-proficient
students if such program is designed to enable all enrolled
students to become proficient in English and a second language.
``(2) Children and youth.--The term `children and youth' means
individuals aged 3 through 21.
``(3) Community-based organization.--The term `community-based
organization' means a private nonprofit organization of
demonstrated effectiveness or Indian tribe or tribally sanctioned
educational authority which is representative of a community or
significant segments of a community and which provides educational
or related services to individuals in the community. Such term
includes Native Hawaiian organizations including Native Hawaiian
Educational Organizations as such term is defined in section 4009
of the Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988 (20 U.S.C. 4901 et
seq.), as such Act was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994.
``(4) Community college.--The term `community college' means an
institution of higher education as defined in section 1201(a) of
the Higher Education Act of 1965 which provides not less than a
two-year program which is acceptable for full credit toward a
bachelor's degree, including institutions receiving assistance
under the Tribally Controlled Community College Assistance Act of
1978.
``(5) Director.--The term `Director' means the Director of the
Office of Bilingual Education and Minority Languages Affairs
established under section 210 of the Department of Education
Organization Act.
``(6) Family education program.--(A) The term `family education
program' means a bilingual education or special alternative
instructional program that--
``(i) is designed--
``(I) to help limited English proficient adults and
out-of-school youths achieve proficiency in the English
language; and
``(II) to provide instruction on how parents and family
members can facilitate the educational achievement of their
children;
``(ii) when feasible, uses instructional programs such as
the models developed under the Even Start Family Literacy
Programs, which promote adult literacy and train parents to
support the educational growth of their children and the
Parents as Teachers Program and the Home Instruction Program
for Preschool Youngsters; and
``(iii) gives preference to participation by parents and
immediate family members of children attending school.
``(B) Such term may include programs that provide instruction
to facilitate higher education and employment outcomes.
``(7) Immigrant children and youth.--The term `immigrant
children and youth' means individuals who--
``(A) are aged 3 through 21;
``(B) were not born in any State; and
``(C) have not been attending one or more schools in any
one or more States for more than three full academic years.
``(8) Limited english proficiency and limited english
proficient.--The terms `limited English proficiency' and `limited
English proficient', when used with reference to an individual,
mean an individual--
``(A) who--
``(i) was not born in the United States or whose native
language is a language other than English and comes from an
environment where a language other than English is
dominant; or
``(ii) is a Native American or Alaska Native or who is
a native resident of the outlying areas and comes from an
environment where a language other than English has had a
significant impact on such individual's level of English
language proficiency; or
``(iii) is migratory and whose native language is other
than English and comes from an environment where a language
other than English is dominant; and
``(B) who has sufficient difficulty speaking, reading,
writing, or understanding the English language and whose
difficulties may deny such individual the opportunity to learn
successfully in classrooms where the language of instruction is
English or to participate fully in our society.
``(9) Native american and native american language.--The terms
`Native American' and `Native American language' shall have the
same meaning given such terms in section 103 of the Native American
Languages Act of 1990.
``(10) Native hawaiian or native american pacific islander
native language educational organization.--The term `Native
Hawaiian or Native American Pacific Islander native language
educational organization' means a nonprofit organization with a
majority of its governing board and employees consisting of fluent
speakers of the traditional Native American languages used in their
educational programs and with not less than five years successful
experience in providing educational services in traditional Native
American languages.
``(11) Native language.--The term `native language', when used
with reference to an individual of limited-English proficiency,
means the language normally used by such individual, or in the case
of a child or youth, the language normally used by the parents of
the child or youth.
``(12) Office.--The term `Office' means the Office of Bilingual
Education and Minority Languages Affairs.
``(13) Other programs for persons of limited-english
proficiency.--The term `other programs for persons of limited-
English proficiency' means any programs administered by the
Secretary that serve persons of limited-English proficiency.
``(14) Paraprofessional.--The term `paraprofessional' means an
individual who is employed in preschool, elementary or secondary
school under the supervision of a certified or licensed teacher,
including individuals employed in bilingual education, special
education and migrant education.
``(15) Special alternative instructional program.--The term
`special alternative instructional program' means an educational
program for limited English proficient students that--
``(A) utilizes specially designed English language
curricula and services but does not use the student's native
language for instructional purposes;
``(B) enables limited English proficient students to
achieve English proficiency and academic mastery of subject
matter content and higher order skills, including critical
thinking so as to meet age-appropriate grade-promotion and
graduation standards in concert with the National Education
Goals; and
``(C) is particularly appropriate for schools where the
diversity of the limited English proficient students' native
languages and the small number of students speaking each
respective language makes bilingual education impractical and
where there is a critical shortage of bilingual education
teachers.
``SEC. 7502. REGULATIONS AND NOTIFICATION.
``(a) Regulation Rule.--In developing regulations under this title,
the Secretary shall consult with State and local educational agencies,
organizations representing limited English proficient individuals, and
organizations representing teachers and other personnel involved in
bilingual education.
``(b) Parental Notification.--
``(1) In general.--Parents of children and youth participating
in programs assisted under part A shall be informed of--
``(A) a student's level of English proficiency, how such
level was assessed, the status of a student's academic
achievement and the implications of a student's educational
strengths and needs for age and grade appropriate academic
attainment, promotion, and graduation;
``(B) what programs are available to meet the student's
educational strengths and needs and how the programs differ in
content and instructional goals, and in the case of a student
with a disability, how the program meets the objectives of a
student's individualized education program; and
``(C) the instructional goals of the bilingual education or
special alternative instructional program, and how the program
will specifically help the limited English proficient student
acquire English and meet age-appropriate standards for grade-
promotion and graduation, including--
``(i) the benefits, nature, and past academic results
of the bilingual educational program and of the
instructional alternatives; and
``(ii) the reasons for the selection of their child as
being in need of bilingual education.
``(2) Option to decline.--(A) Such parents shall also be
informed that such parents have the option of declining enrollment
of their children and youth in such programs and shall be given an
opportunity to so decline if such parents so choose.
``(B) A local educational agency shall not be relieved of any
of its obligations under title VI of the Civil Rights Act of 1964
because parents choose not to enroll their children in bilingual
education programs.
``(3) Receipt of information.--Such parents shall receive, in a
manner and form understandable to such parents, including, if
necessary and to the extent feasible, in the native language of
such parents, the information required by this subsection. At a
minimum, such parents shall receive--
``(A) timely information about projects funded under part
A; and
``(B) if the parents of participating children so desire,
notice of opportunities for regular meetings for the purpose of
formulating and responding to recommendations from such
parents.
``(4) Special rule.--Students shall not be admitted to or
excluded from any federally assisted education program merely on
the basis of a surname or language-minority status.
``TITLE VIII--IMPACT AID
``SEC. 8001. PURPOSE.
``In order to fulfill the Federal responsibility to assist with the
provision of educational services to federally connected children,
because certain activities of the Federal Government place a financial
burden on the local educational agencies serving areas where such
activities are carried out, and to help such children meet challenging
State standards, it is the purpose of this title to provide financial
assistance to local educational agencies that--
``(1) experience a substantial and continuing financial burden
due to the acquisition of real property by the United States;
``(2) educate children who reside on Federal property and whose
parents are employed on Federal property;
``(3) educate children of parents who are in the military
services and children who live in low-rent housing;
``(4) educate heavy concentrations of children whose parents
are civilian employees of the Federal Government and do not reside
on Federal property;
``(5) experience sudden and substantial increases or decreases
in enrollments because of military realignments; or
``(6) need special assistance with capital expenditures for
construction activities because of the enrollments of substantial
numbers of children who reside on Federal lands.
``SEC. 8002. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL PROPERTY.
``(a) In General.--Where the Secretary, after consultation with any
local educational agency and with the appropriate State educational
agency, determines for a fiscal year ending prior to October 1, 1999--
``(1) that the United States owns Federal property in the local
educational agency, and that such property--
``(A) has been acquired by the United States since 1938;
``(B) was not acquired by exchange for other Federal
property in the local educational agency which the United
States owned before 1939; and
``(C) had an assessed value (determined as of the time or
times when so acquired) aggregating 10 percent or more of the
assessed value of--
``(i) all real property in the local educational agency
(similarly determined as of the time or times when such
Federal property was so acquired); or
``(ii) all real property in the local educational
agency as assessed in the first year preceding or
succeeding acquisition, whichever is greater, only if--
``(I) the assessment of all real property in the
local educational agency is not made at the same time
or times that such Federal property was so acquired and
assessed; and
``(II) State law requires an assessment be made of
property so acquired; and
``(2) that such agency is not being substantially compensated
for the loss in revenue resulting from such ownership by increases
in revenue accruing to the agency from the conduct of Federal
activities with respect to such Federal property,
then such agency shall be eligible to receive the amount described in
subsection (b).
``(b) Amount.--
``(1) In general.--(A)(i) The amount that a local educational
agency shall be paid under subsection (a) for a fiscal year shall
be calculated in accordance with paragraph (2), except that such
amount shall be reduced by the Secretary by an amount equal to the
amount of revenue, if any, that such agency received during the
previous fiscal year from activities conducted on such Federal
property.
``(ii) For purposes of clause (i), the amount of revenue that a
local educational agency receives during the previous fiscal year
from activities conducted on Federal property shall not include
payments received by the agency from the Secretary of Defense to
support--
``(I) the operation of a domestic dependent elementary or
secondary school; or
``(II) the provision of a free public education to
dependents of members of the Armed Forces residing on or near a
military installation.
``(B) If funds appropriated under section 8014(a) are
insufficient to pay the amount determined under subparagraph (A),
the Secretary shall ratably reduce the payment to each eligible
local educational agency.
``(C) Notwithstanding any other provision of this subsection, a
local educational agency may not be paid an amount under this
section that, when added to the amount such agency receives under
section 8003(b), exceeds the maximum amount that such agency is
eligible to receive for such fiscal year under section
8003(b)(1)(C).
``(2) Application of current levied real property tax rate.--In
calculating the amount that a local educational agency is eligible
to receive for a fiscal year, the Secretary shall apply the current
levied real property tax rate for current expenditures levied by
fiscally independent local educational agencies, or imputed for
fiscally dependent local educational agencies, to the current
annually determined aggregate assessed value of such acquired
Federal property.
``(3) Determination of aggregate assessed value.--Such
aggregate assessed value of such acquired Federal property shall be
determined on the basis of the highest and best use of property
adjacent to such acquired Federal property as of the time such
value is determined, and provided to the Secretary, by the local
official responsible for assessing the value of real property
located in the jurisdiction of such local educational agency for
the purpose of levying a property tax.
``(c) Applicability to Tennessee Valley Authority Act.--For the
purpose of this section, any real property with respect to which
payments are being made under section 13 of the Tennessee Valley
Authority Act of 1933 shall not be regarded as Federal property.
``(d) Ownership by United States.--The United States shall be
deemed to own Federal property for the purposes of this Act, where--
``(1) prior to the transfer of Federal property, the United
States owned Federal property meeting the requirements of
subparagraphs (A), (B), and (C) of subsection (a)(1); and
``(2) the United States transfers a portion of the property
referred to in paragraph (1) to another nontaxable entity, and the
United States--
``(A) restricts some or any construction on such property;
``(B) requires that the property be used in perpetuity for
the public purposes for which the property was conveyed;
``(C) requires the grantee of the property to report to the
Federal Government (or its agent) regarding information on the
use of the property;
``(D) except with the approval of the Federal Government
(or its agent), prohibits the sale, lease, assignment, or other
disposal of the property unless such sale, lease, assignment,
or other disposal is to another eligible government agency; and
``(E) reserves to the Federal Government a right of
reversion at any time the Federal Government (or its agent)
deems it necessary for the national defense.
``(e) Local Educational Agency Containing Forest Service Land and
Serving Certain Counties.--Beginning with fiscal year 1995, a local
educational agency shall be deemed to meet the requirements of
subsection (a)(1)(C) if such local educational agency meets the
following requirements:
``(1) Acreage and acquisition by the forest service.--The local
educational agency serves a school district that contains between
20,000 and 60,000 acres of land that has been acquired by the
Forest Service of the Department of Agriculture between 1915 and
1990, as demonstrated by written evidence from the Forest Service
satisfactory to the Secretary.
``(2) County charter.--The local educational agency serves a
county chartered under State law in 1875 or 1890.
``(f) Special Rule.--Beginning with fiscal year 1994, and
notwithstanding any other provision of law limiting the period during
which fiscal year 1994 funds may be obligated, the Secretary shall
treat the local educational agency serving the Wheatland R-II School
District, Wheatland, Missouri, as meeting the eligibility requirements
of section 2(a)(1)(C) of the Act of September 30, 1950 (Public Law 874,
81st Congress) (as such section was in effect on the day preceding the
date of enactment of the Improving America's Schools Act of 1994) (20
U.S.C. 237(a)(1)(C)) or subsection (a)(1)(C).
``SEC. 8003. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN.
``(a) Computation of Payment.--
``(1) In general.--For the purpose of computing the amount that
a local educational agency is eligible to receive under subsection
(b), (d), or (f) for any fiscal year, the Secretary shall determine
the number of children who were in average daily attendance in the
schools of such agency, and for whom such agency provided free
public education, during the preceding school year and who, while
in attendance at such schools--
``(A)(i) resided on Federal property with a parent employed
on Federal property situated in whole or in part within the
boundaries of the school district of such agency; or
``(ii) resided on Federal property with a parent who is an
official of, and accredited by, a foreign government and is a
foreign military officer;
``(B) resided on Federal property and had a parent on
active duty in the uniformed services (as defined in section
101 of title 37, United States Code);
``(C) resided on Indian lands;
``(D)(i) had a parent on active duty in the uniformed
services (as defined by section 101 of title 37, United States
Code) but did not reside on Federal property; or
``(ii) had a parent who is an official of, and has been
accredited by, a foreign government and is a foreign military
officer but did not reside on Federal property;
``(E) resided in low-rent housing;
``(F) resided on Federal property and is not described in
subparagraph (A) or (B); or
``(G) resided with a parent employed on Federal property
situated--
``(i) in whole or in part in the county in which such
agency is located, or in whole or in part in such agency if
such agency is located in more than one county; or
``(ii) if not in such county, in whole or in part in
the same State as such agency.
``(2) Determination of weighted student units.--For the purpose
of computing the basic support payment under subsection (b), the
Secretary shall calculate the total number of weighted student
units for a local educational agency by adding together the results
obtained by the following computations:
``(A) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of 1.0.
``(B) Multiply the number of children described in
paragraph (1)(C) by a factor of 1.25.
``(C) Multiply the number of children described in
subparagraphs (A) and (B) of paragraph (1) by a factor of .35
if the local educational agency has--
``(i) a number of such children described in such
subparagraphs which exceeds 6,500; and
``(ii) an average daily attendance for all children
which exceeds 100,000.
``(D) Multiply the number of children described in
subparagraphs (D) and (E) of paragraph (1) by a factor of .10.
``(E) Multiply the number of children described in
subparagraphs (F) and (G) of paragraph (1) by a factor of .05.
``(3) Special rule.--The Secretary shall only compute a payment
for a local educational agency for children described in
subparagraph (F) or (G) of paragraph (1) if the number of such
children equals or exceeds 2,000 and such number equals or exceeds
15 percent of the total number of students in average daily
attendance in the schools of such agency.
``(b) Basic Support Payments and Payments With Respect to Fiscal
Years in Which Insufficient Funds Are Appropriated.--
``(1) Basic support payments.--
``(A) In general.--From the amount appropriated under
section 8014(b) for a fiscal year, the Secretary is authorized
to make basic support payments to eligible local educational
agencies with children described in subsection (a).
``(B) Eligibility.--A local educational agency is eligible
to receive a basic support payment under subparagraph (A) for a
fiscal year with respect to a number of children determined
under subsection (a)(1) only if the number of children so
determined with respect to such agency amounts to the lesser
of--
``(i) at least 400 such children; or
``(ii) a number of such children which equals at least
3 percent of the total number of children who were in
average daily attendance, during such year, at the schools
of such agency and for whom such agency provided free
public education.
``(C) Maximum amount.--The maximum amount that a local
educational agency is eligible to receive under this subsection
for any fiscal year is the sum of the total weighted student
units, as computed under subsection (a)(2), multiplied by the
greater of--
``(i) one-half of the average per-pupil expenditure of
the State in which the local educational agency is located
for the third fiscal year preceding the fiscal year for
which the determination is made;
``(ii) one-half of the average per-pupil expenditure of
all of the States for the third fiscal year preceding the
fiscal year for which the determination is made;
``(iii) the comparable local contribution rate
certified by the State, as determined under regulations
prescribed to carry out the Act of September 30, 1950
(Public Law 874, 81st Congress), as such regulations were
in effect on January 1, 1994; or
``(iv) the average per-pupil expenditure of the State
in which the local educational agency is located,
multiplied by the local contribution percentage.
``(2) Payments with respect to fiscal years in which
insufficient funds are appropriated.--
``(A) In general.--For any fiscal year in which the sums
appropriated under section 8014(b) are insufficient to pay to
each local educational agency the full amount computed under
paragraph (1), the Secretary shall make payments in accordance
with this paragraph.
``(B) Learning opportunity threshold payments.--(i) For
fiscal years described in subparagraph (A), the Secretary shall
compute a learning opportunity threshold payment (hereafter in
this title referred to as the `threshold payment') by
multiplying the amount obtained under paragraph (1)(C) by the
total percentage obtained by adding--
``(I) the percentage of federally connected children
for each local educational agency determined by calculating
the fraction, the numerator of which is the total number of
children described under subsection (a)(1) and the
denominator of which is the total number of children in
average daily attendance at the schools served by such
agency; and
``(II) the percentage that funds under paragraph (1)(C)
represent of the total budget of the local educational
agency, determined by calculating the fraction, the
numerator of which is the total amount of funds calculated
for each local educational agency under this paragraph (not
including amounts received under subsection (f)), and the
denominator of which is the total current expenditures for
such agency in the second preceding fiscal year for which
the determination is made.
``(ii) Such total percentage used to calculate threshold
payments under paragraph (1) shall not exceed 100.
``(iii) For the purpose of determining the percentages
described in subclauses (I) and (II) of clause (i) that are
applicable to the local educational agency providing free
public education to students in grades 9 through 12 residing on
Hanscom Air Force Base, Massachusetts, the Secretary shall
consider only that portion of such agency's total enrollment of
students in grades 9 through 12 when calculating the percentage
under such subclause (I) and only that portion of the total
current expenditures attributed to the operation of grades 9
through 12 in such agency when calculating the percentage under
subclause (II).
``(C) Ratable distribution.--For fiscal years described in
subparagraph (A), the Secretary shall make payments as a
ratable distribution based upon the computation made under
subparagraph (B).
``(c) Prior Year Data.--
``(1) In general.--Except as provided in paragraph (2) and
subsection (f), all calculations under this section shall be based
on data for each local educational agency from not later than the
fiscal year preceding the fiscal year for which the agency is
making application for payment.
``(2) Exception.--Calculations for a local educational agency
that is newly established by a State shall, for the first year of
operation of such agency, be based on data from the fiscal year for
which the agency is making application for payment.
``(d) Children With Disabilities.--
``(1) In general.--From the amount appropriated under section
8014(c) for a fiscal year, the Secretary shall pay to each eligible
local educational agency, on a pro rata basis, the amounts
determined by--
``(A) multiplying the number of children described in
subparagraphs (A)(ii), (B) and (C) of subsection (a)(1) who are
eligible to receive services under the Individuals with
Disabilities Education Act (20 U.S.C. 1400 et seq.) by a factor
of 1.0; and
``(B) multiplying the number of children described in
subparagraph (D) of subsection (a)(1) who are eligible to
receive services under such Act by a factor of 0.5.
``(2) Use of funds.--A local educational agency that receives
funds under paragraph (1) shall use such funds to provide a free
appropriate public education to children described in paragraph (1)
in accordance with the Individuals with Disabilities Education Act
(20 U.S.C. 1400 et seq.).
``(e) Hold-Harmless Amounts.--
``(1) In general.--(A) Except as provided in paragraph (4)(A),
the total amount that the Secretary shall pay a local educational
agency under subsection (b) shall not be less than 85 percent of
the amount such agency received for the preceding fiscal year--
``(i) in the case of fiscal year 1995 only, under
subsections (a) and (b) of section 3 of the Act of September
30, 1950 (Public Law 874, 81st Congress) (as such section was
in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994); or
``(ii) in the case of fiscal years 1996, 1997, 1998, or
1999, under such subsection (b).
``(B) For fiscal year 1995 only, the Secretary shall pay, to
each local educational agency that is not eligible for a payment
under subsection (b) but that received a payment under section 3 of
the Act of September 30, 1950 (Public Law 874, 81st Congress) (as
such Act was in effect on the day preceding the date of enactment
of the Improving America's Schools Act of 1994) for fiscal year
1994, an amount which is not less than 85 percent of the payment
such agency received under such section 3 for fiscal year 1994.
``(2) Two-year applicability.--Paragraph (1)(A) shall apply to
any one local educational agency for a maximum of two consecutive
fiscal years.
``(3) Phase-out payment.--A local educational agency which
received a payment under section 3(e) of the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such section was in effect
on the day preceding the date of enactment of the Improving
America's Schools Act of 1994) for fiscal year 1994 is eligible to
receive a payment, under subsection (b) for fiscal year 1995, in an
amount which is not less than 85 percent of the amount received by
such agency in fiscal year 1994 under such section 3(e).
``(4) Ratable reductions.--(A)(i) If necessary in order to make
payments to local educational agencies in accordance with
paragraphs (1) and (2), the Secretary first shall ratably reduce
payments under subsection (b) to local educational agencies that do
not receive a payment under this subsection.
``(ii) If additional funds become available for making payments
under subsection (b) for such fiscal year, payments that were
reduced under clause (i) shall be increased on the same basis as
such payments were reduced.
``(B)(i) If the sums made available under this title for any
fiscal year are insufficient to pay the full amounts that all local
educational agencies in all States are eligible to receive under
paragraphs (1) and (2) after the application of subparagraph (A)
for such year, the Secretary shall ratably reduce payments to all
such agencies for such year.
``(ii) If additional funds become available for making payments
under paragraphs (1) and (2) for such fiscal year, payments that
were reduced under clause (i) shall be increased on the same basis
as such payments were reduced.
``(f) Additional Assistance for Heavily Impacted Local Educational
Agencies.--
``(1) Reservation.--From amounts appropriated under section
8014(b) for a fiscal year, the Secretary shall provide additional
assistance to meet special circumstances relating to the provision
of education in local educational agencies eligible to receive
assistance under this section.
``(2) Eligibility.--(A) A local educational agency is eligible
to receive additional assistance under this subsection only if such
agency--
``(i)(I) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes a percentage
of the total student enrollment of such agency which is not
less than 50 percent if such agency receives a payment on
behalf of children described in subparagraphs (F) and (G) of
such subsection, or not less than 40 percent if such agency
does not receive a payment on behalf of such children; and
``(II) has a tax rate for general fund purposes which is at
least 95 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the State;
``(ii)(I) has an enrollment of federally connected children
described in subsection (a)(1) which constitutes at least 35
percent of the total student enrollment of such agency; and
``(II) has a tax rate for general fund purposes which is at
least 125 percent of the average tax rate for general fund
purposes of comparable local educational agencies in the State;
or
``(iii) is a local educational agency whose boundaries are
the same as a Federal military installation.
``(B) If the current expenditures in those local educational
agencies which the Secretary has determined to be generally
comparable to the local educational agency for which a computation
is made under subsection (b)(1)(C) are not reasonably comparable
because of unusual geographical factors which affect the current
expenditures necessary to maintain, in such agency, a level of
education equivalent to that maintained in such other agencies,
then the Secretary shall increase the local contribution rate for
such agency by such an amount which the Secretary determines will
compensate such agency for the increase in current expenditures
necessitated by such unusual geographical factors. The amount of
any such supplementary payment may not exceed the per-pupil share
(computed with regard to all children in average daily attendance),
as determined by the Secretary, of the increased current
expenditures necessitated by such unusual geographic factors.
``(C) Any local educational agency determined eligible under
clause (iii) of subparagraph (A) shall be deemed to have met the
tax effort requirements for eligibility under clause (i)(II) or
(ii)(II) of such subparagraph.
``(3) Maximum payments.--
``(A) In general.--Subject to subparagraph (B), the
Secretary shall determine the maximum amount that a local
educational agency may receive under this subsection in
accordance with the following computations:
``(i) The Secretary shall first determine the greater
of--
``(I) the average per-pupil expenditure of the
State in which the local educational agency is located
or the average per-pupil expenditure of all the States;
``(II) the average per-pupil expenditure of
generally comparable local educational agencies located
in the State of the local educational agency, as
defined in regulations issued by the Secretary; or
``(III) the average per-pupil expenditure of three
generally comparable local educational agencies located
in the State of the local educational agency, as
defined in regulations issued by the Secretary.
``(ii) The Secretary shall next subtract from the
amount determined under clause (i) the average amount of
State aid per pupil received by the local educational
agency.
``(iii) The Secretary shall next multiply the amount
determined under clause (ii) by the total number of
students in average daily attendance at the schools of the
local educational agency as determined by the Secretary
under subsection (a)(1).
``(iv) If the tax rate used by the local educational
agency is greater than 95 percent, but less than 100
percent, of the tax rate of comparable local educational
agencies, the Secretary shall next multiply the amount
determined under clause (iii) by the percentage that the
tax rate of the local educational agency is of--
``(I) the average tax rate of its generally
comparable local educational agencies; or
``(II) the average tax rate of all the local
educational agencies in the State in which the local
educational agency is located.
``(v) The Secretary shall next subtract the total
amount of payments received by a local educational agency
under subsections (b) and (d) for a fiscal year from the
amount determined under clause (iii) or clause (iv), as the
case may be.
``(B) Special rule.--With respect to payments under this
subsection for a local educational agency described in clause
(ii) or (iii) of paragraph (2)(A), the maximum amount of such
payments shall be computed by taking the product of the average
per-pupil expenditure in all States multiplied by 0.7, except
that such amount may not exceed 125 percent of the average per-
pupil expenditure in all local educational agencies in the
State.
``(4) Current year data.--The Secretary shall, for purposes of
providing assistance under this subsection, use--
``(A) student and revenue data from the fiscal year for
which the local educational agency is applying for assistance
under this subsection; and
``(B) the most recent data available which is adjusted to
such fiscal year.
``(5) Reduction in payments.--If funds appropriated to carry
out this subsection are insufficient to pay in full the amounts
determined under paragraph (3), the Secretary shall ratably reduce
the payment to each eligible local educational agency.
``(g) Additional Payments for Local Educational Agencies With High
Concentrations of Children With Severe Disabilities.--
``(1) In general.--If any local educational agency receives
Federal funds from sources other than this title to carry out the
purposes of this title for any fiscal year due to the enrollment of
children described under subsection (a), then the Secretary shall
consider such funds as a payment to such agency under this part for
such fiscal year.
``(2) Special rule.--Notwithstanding any other provision of
law, if funds appropriated pursuant to section 8014(b) for payments
under subsection (b) to such agency for a fiscal year which, when
added to the funds described in paragraph (1) received by such
agency for such fiscal year, exceed the maximum amount described
under subsection (b)(1)(C), then the Secretary shall make available
from the funds appropriated under section 8014(b) for such fiscal
year such excess amounts to any local educational agency serving
two or more children described under subparagraph (B) or (D) of
subsection (a)(1) who have a severe disability and a parent serving
in the uniformed services (as defined by section 101 of title 37,
United States Code) who is assigned to a particular permanent duty
station for compassionate reasons (compassionate post assignment)
for the total costs associated with such children who are provided
an educational program provided outside the schools of such agency.
``(3) Remaining funds.--If funds remain after payments are made
under paragraph (2) for any fiscal year, then such remaining funds
shall be made available for expenditures under subsection (d) in
such fiscal year on a pro rata basis consistent with the
requirements of such subsection.
``(4) Ratable reductions.--If amounts available to carry out
paragraph (2) for any fiscal year are insufficient to pay in full
the total payment that all eligible local educational agencies are
eligible to receive under such paragraph for such year, then the
Secretary shall ratably reduce such payments to such agencies for
such year.
``(h) Other Funds.--Notwithstanding any other provision of law, a
local educational agency receiving funds under this section may also
receive funds under section 6 of the Act of September 30, 1950 (Public
Law 874, 81st Congress) (as such section was in effect on the day
preceding the date of enactment of the Improving America's Schools Act
of 1994) or such section's successor authority.
``(i) Maintenance of Effort.--A local educational agency may
receive funds under sections 8002 and 8003(b) for any fiscal year only
if the State educational agency finds that either the combined fiscal
effort per student or the aggregate expenditures of that agency and the
State with respect to the provision of free public education by that
agency for the preceding fiscal year was not less than 90 percent of
such combined fiscal effort or aggregate expenditures for the second
preceding fiscal year.
``SEC. 8004. POLICIES AND PROCEDURES RELATING TO CHILDREN RESIDING ON
INDIAN LANDS.
``(a) In General.--A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds under
section 8003 shall establish policies and procedures to ensure that--
``(1) such children participate in programs and activities
supported by such funds on an equal basis with all other children;
``(2) parents of such children and Indian tribes are afforded
an opportunity to present their views on such programs and
activities, including an opportunity to make recommendations on the
needs of those children and how the local educational agency may
help such children realize the benefits of such programs and
activities;
``(3) parents and Indian tribes are consulted and involved in
planning and developing such programs and activities;
``(4) relevant applications, evaluations, and program plans are
disseminated to the parents and Indian tribes; and
``(5) parents and Indian tribes are afforded an opportunity to
present their views to such agency regarding such agency's general
educational program.
``(b) Records.--A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds under
section 8003 shall maintain records demonstrating such agency's
compliance with the requirements contained in subsection (a).
``(c) Waiver.--A local educational agency that claims children
residing on Indian lands for the purpose of receiving funds under
section 8003 shall not be required to comply with the requirements of
subsections (a) and (b) for any fiscal year with respect to any Indian
tribe from which such agency has received a written statement that the
agency need not comply with those subsections because the tribe is
satisfied with the provision of educational services by such agency to
such children.
``(d) Technical Assistance and Enforcement.--The Secretary shall--
``(1) provide technical assistance to local educational
agencies, parents, and Indian tribes to enable such agencies,
parents, and tribes to carry out this section; and
``(2) enforce this section through such actions, which may
include the withholding of funds, as the Secretary determines to be
appropriate, after affording the affected local educational agency,
parents, and Indian tribe an opportunity to present their views.
``(e) Complaints.--
``(1) In general.--(A) Any tribe, or its designee, which has
students in attendance at a local educational agency may, in its
discretion and without regard to the requirements of any other
provision of law, file a written complaint with the Secretary
regarding any action of a local educational agency taken pursuant
to, or relevant to, the requirements of this section.
``(B) Within ten working days from receipt of a complaint, the
Secretary shall--
``(i) designate a time and place for a hearing into the
matters relating to the complaint at a location in close
proximity to the local educational agency involved, or if the
Secretary determines there is good cause, at some other
location convenient to both the tribe, or its designee, and the
local educational agency;
``(ii) designate a hearing examiner to conduct the hearing;
and
``(iii) notify the affected tribe or tribes and the local
educational agency involved of the time, place, and nature of
the hearing and send copies of the complaint to the local
educational agency and the affected tribe or tribes.
``(2) Hearing.--The hearing shall be held within 30 days of the
designation of a hearing examiner and shall be open to the public.
A record of the proceedings shall be established and maintained.
``(3) Evidence; recommendations; cost.--The complaining tribe,
or its designee, and the local educational agency shall be entitled
to present evidence on matters relevant to the complaint and to
make recommendations concerning the appropriate remedial actions.
Each party to the hearing shall bear only its own costs in the
proceedings.
``(4) Findings and recommendations.--Within 30 days of the
completion of the hearing, the hearing examiner shall, on the basis
of the record, make written findings of fact and recommendations
concerning appropriate remedial action, if any, which should be
taken. The hearing examiner's findings and recommendations, along
with the hearing record, shall be forwarded to the Secretary.
``(5) Written determination.--Within 30 days of the Secretary's
receipt of the findings, recommendations, and record, the Secretary
shall, on the basis of the record, make a written determination of
the appropriate remedial action, if any, to be taken by the local
educational agency, the schedule for completion of the remedial
action, and the reasons for the Secretary's decision.
``(6) Copies provided.--Upon completion of the Secretary's
final determination, the Secretary shall provide the complaining
tribe, or its designee, and the local educational agency with
copies of the hearing record, the hearing examiner's findings and
recommendations, and the Secretary's final determination. The final
determination of the Secretary shall be subject to judicial review.
``(7) Consolidation.--In all actions under this subsection, the
Secretary shall have discretion to consolidate complaints involving
the same tribe or local educational agency.
``(8) Withholding.--If the local educational agency rejects the
determination of the Secretary, or if the remedy required is not
undertaken within the time established and the Secretary determines
that an extension of the time established will not effectively
encourage the remedy required, the Secretary shall withhold payment
of all moneys to which such local agency is eligible under section
8003 until such time as the remedy required is undertaken, except
where the complaining tribe or its designee formally requests that
such funds be released to the local educational agency, except that
the Secretary may not withhold such moneys during the course of the
school year if the Secretary determines that such withholding would
substantially disrupt the educational programs of the local
educational agency.
``(9) Rejection of determination.--If the local educational
agency rejects the determination of the Secretary and a tribe
exercises the option under section 1101(d) of the Education
Amendments of 1978, to have education services provided either
directly by the Bureau of Indian Affairs or by contract with the
Bureau of Indian Affairs, any Indian students affiliated with that
tribe who wish to remain in attendance at the local educational
agency against whom the complaint which led to the tribal action
under such subsection (d) was lodged may be counted with respect to
that local educational agency for the purpose of receiving funds
under section 8003. In such event, funds under such section shall
not be withheld pursuant to paragraph (8) and no further complaints
with respect to such students may be filed under paragraph (1).
``(f) Construction.--This section is based upon the special
relationship between the Indian nations and the United States and
nothing in this section shall be construed to relieve any State of any
duty with respect to any citizens of that State.
``SEC. 8005. APPLICATION FOR PAYMENTS UNDER SECTIONS 8002 AND 8003.
``(a) In General.--A local educational agency desiring to receive a
payment under section 8002 or 8003 shall--
``(1) submit an application for such payment to the Secretary;
and
``(2) provide a copy of such application to the State
educational agency.
``(b) Contents.--Each such application shall be submitted in such
form and manner, and shall contain such information, as the Secretary
may require, including--
``(1) information to determine the eligibility of the local
educational agency for a payment and the amount of such payment;
and
``(2) where applicable, an assurance that such agency is in
compliance with section 8004 (relating to children residing on
Indian lands).
``(c) Deadline for Submission.--The Secretary shall establish
deadlines for the submission of applications under this section.
``(d) Approval.--
``(1) In general.--The Secretary shall approve an application
submitted under this section that--
``(A) except as provided in paragraph (2), is filed by the
deadline established under subsection (c); and
``(B) otherwise meets the requirements of this title.
``(2) Reduction in payment.--The Secretary shall approve an
application filed not more than 60 days after a deadline
established under subsection (c) that otherwise meets the
requirements of this title, except that, notwithstanding section
8003(e), the Secretary shall reduce the payment based on such late
application by 10 percent of the amount that would otherwise be
paid.
``(3) Late applications.--The Secretary shall not accept or
approve any application that is filed more than 60 days after a
deadline established under subsection (c).
``(4) State application authority.--Notwithstanding any other
provision of law, a State educational agency that had been accepted
as an applicant for funds under section 3 of the Act of September
30, 1950 (Public Law 874, 81st Congress) (as such section was in
effect on the day preceding the date of enactment of the Improving
America's Schools Act of 1994) in fiscal year 1994 shall be
permitted to continue as an applicant under the same conditions by
which such agency made application during such fiscal year only if
such State educational agency distributes all funds received for
the students for which application is being made by such State
educational agency to the local educational agencies providing
educational services to such students.
``SEC. 8006. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN
ATTENDANCE OF MILITARY DEPENDENTS.
``(a) Eligibility.--A local educational agency is eligible for a
payment under this section if--
``(1) the number of children in average daily attendance during
the school year for which the determination is made is at least 10
percent or 100 more than the number of children in average daily
attendance in the school year preceding the school year for which
the determination is made; and
``(2) the number of children in average daily attendance with a
parent on active duty (as defined in section 101(18) of title 37,
United States Code) in the Armed Forces who are in attendance at
such agency because of the assignment of their parent to a new duty
station between May 15 and September 30, inclusive, of the fiscal
year for which the determination is made, as certified by an
appropriate local official of the Department of Defense, is at
least 10 percent or 100 more than the number of children in average
daily attendance in the preceding school year.
``(b) Application.--A local educational agency that wishes to
receive a payment under this section shall file an application with the
Secretary by October 15 of the school year for which payment is
requested, in such manner and containing such information as the
Secretary may prescribe, including information demonstrating that such
agency is eligible for such a payment.
``(c) Children To Be Counted.--For each eligible local educational
agency that applies for a payment under this section, the Secretary
shall determine the lesser of--
``(1) the increase in the number of children in average daily
attendance from the school year preceding the fiscal year for which
the determination is made; and
``(2) the number of children described in subsection (a)(2).
``(d) Payments.--
``(1) In general.--Except as provided in paragraph (2), from
the amount appropriated for a fiscal year under section 8014(d),
the Secretary shall pay each local educational agency with an
approved application an amount equal to one-half of the national
average per-pupil expenditure multiplied by the number of such
children determined under subsection (c) for that local educational
agency.
``(2) Ratable reduction.--(A) If the amount appropriated to
carry out this section for any fiscal year is insufficient to pay
the full payment that all eligible local educational agencies are
eligible to receive under this section for such year, then the
Secretary shall ratably reduce the payments to such agencies for
such year.
``(B) If additional funds become available for making payments
under paragraph (1) for such fiscal year, payments that were
reduced under subparagraph (A) shall be increased on the same basis
as such payments were reduced.
``(e) Notification Process.--
``(1) Establishment.--The Secretary shall establish, with the
Secretary of Defense, a notification process relating to the
closure of Department of Defense facilities, or the adjustment of
personnel levels assigned to such facilities, which may
substantially affect the student enrollment levels of local
educational agencies which receive or may receive payments under
this title.
``(2) Information.--Such process shall provide timely
information regarding such closures and such adjustments--
``(A) by the Secretary of Defense to the Secretary; and
``(B) by the Secretary to the affected local educational
agencies.
``SEC. 8007. CONSTRUCTION.
``(a) Payments Authorized.--From the amount appropriated for each
fiscal year under section 8014(e), the Secretary shall make payments to
each local educational agency--
``(1) that receives a basic payment under section 8003(b); and
``(2)(A) in which the number of children determined under
section 8003(a)(1)(C) constituted at least 50 percent of the number
of children who were in average daily attendance in the schools of
such agency during the preceding school year;
``(B) in which the number of children determined under
subparagraphs (B) and (D)(i) of section 8003(a)(1) constituted at
least 50 percent of the number of children who were in average
daily attendance in the schools of such agency during the school
year preceding the school year for which the determination is made
and in which the agency at any 2 times during the four fiscal years
preceding the date of enactment of the Improving America's Schools
Act of 1994 was denied by a vote of the agency's eligible voters a
bond referendum for the purposes of school construction or
renovation;
``(C) that receives assistance under section 8003(f); or
``(D) that receives assistance under section 8006.
``(b) Amount of Payments.--The amount of a payment to each such
agency for a fiscal year shall be equal to--
``(1) the amount appropriated under section 8014(e) for such
year; divided by
``(2) the number of children determined under section
8003(a)(2) for all local educational agencies described in
subsection (a), but not including any children attending a school
assisted or provided by the Secretary under section 8008 or section
10 of the Act of September 23, 1950 (Public Law 815, 81st Congress)
(as such Act was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994);
multiplied by
``(3) the number of such children determined for such agency.
``(c) Use of Funds.--Any local educational agency that receives
funds under this section shall use such funds for construction, as
defined in section 8013(3).
``SEC. 8008. FACILITIES.
``(a) Current Facilities.--From the amount appropriated for any
fiscal year under section 8014(f), the Secretary may continue to
provide assistance for school facilities that were supported by the
Secretary under section 10 of the Act of September 23, 1950 (Public Law
815, 81st Congress) (as such Act was in effect on the day preceding the
date of the enactment of the Improving America's Schools Act of 1994).
``(b) Transfer of Facilities.--
``(1) In general.--The Secretary shall, as soon as practicable,
transfer to the appropriate local educational agency or another
appropriate entity all the right, title, and interest of the United
States in and to each facility provided under section 10 of the Act
of September 23, 1950 (Public Law 815, 81st Congress), or under
section 204 or 310 of the Act of September 30, 1950 (Public Law
874, 81st Congress) (as such Acts were in effect on January 1,
1958).
``(2) Other requirements.--Any such transfer shall be without
charge to such agency or entity, and prior to such transfer, the
transfer shall be consented to by the local educational agency or
other appropriate entity, and may be made on such terms and
conditions as the Secretary deems appropriate to carry out the
purposes of this title.
``SEC. 8009. STATE CONSIDERATION OF PAYMENTS IN PROVIDING STATE AID.
``(a) General Prohibition.--Except as provided in subsection (b), a
State may not--
``(1) consider payments under this title or under the Act of
September 30, 1950 (Public Law 874, 81st Congress) (as such Act was
in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) in determining for any
fiscal year--
``(A) the eligibility of a local educational agency for
State aid for free public education; or
``(B) the amount of such aid; or
``(2) make such aid available to local educational agencies in
a manner that results in less State aid to any local educational
agency that is eligible for such payment than such agency would
receive if such agency were not so eligible.
``(b) State Equalization Plans.--
``(1) In general.--A State may reduce State aid to a local
educational agency that receives a payment under section 8002 or
8003(b) (except the amount calculated in excess of 1.0 under
subparagraph (B) of section 8003(a)(2)) or under the Act of
September 30, 1950 (Public Law 874, 81st Congress) as such Act was
in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994 (other than an increase in
payments described in paragraphs (2)(B), (2)(C), (2)(D), or
(3)(B)(ii) of section 3(d) of such Act of September 30, 1950) for
any fiscal year if the Secretary determines, and certifies under
subsection (c)(3)(A), that such State has in effect a program of
State aid that equalizes expenditures for free public education
among local educational agencies in such State.
``(2) Computation.--
``(A) In general.--For purposes of paragraph (1), a program
of State aid equalizes expenditures among local educational
agencies if, in the second fiscal year preceding the fiscal
year for which the determination is made, the amount of per-
pupil expenditures made by, or per-pupil revenues available to,
the local educational agency in the State with the highest such
per-pupil expenditures or revenues did not exceed the amount of
such per-pupil expenditures made by, or per-pupil revenues
available to, the local educational agency in the State with
the lowest such expenditures or revenues by more than--
``(i) 25 percent for fiscal year 1995, 1996, or 1997;
and
``(ii) 20 percent for fiscal year 1998 or 1999.
``(B) Other factors.--In making a determination under this
subsection, the Secretary shall--
``(i) disregard local educational agencies with per-
pupil expenditures or revenues above the 95th percentile or
below the 5th percentile of such expenditures or revenues
in the State; and
``(ii) take into account the extent to which a program
of State aid reflects the additional cost of providing free
public education in particular types of local educational
agencies, such as those that are geographically isolated,
or to particular types of students, such as children with
disabilities.
``(3) Exception.--Notwithstanding paragraph (2), if the
Secretary determines that the State has substantially revised its
program of State aid, the Secretary may certify such program for
any fiscal year only if--
``(A) the Secretary determines, on the basis of projected
data, that the State's program will meet the disparity standard
described in paragraph (2) for the fiscal year for which the
determination is made; and
``(B) the State provides an assurance to the Secretary
that, if final data do not demonstrate that the State's program
met such standard for the fiscal year for which the
determination is made, the State will pay to each affected
local educational agency the amount by which the State reduced
State aid to the local educational agency.
``(c) Procedures for Review of State Equalization Plans.--
``(1) Written notice.--
``(A) In general.--Any State that wishes to consider
payments described in subsection (b)(1) in providing State aid
to local educational agencies shall submit to the Secretary,
not later than 120 days before the beginning of the State's
fiscal year, a written notice of such State's intention to do
so.
``(B) Contents.--Such notice shall be in the form and
contain the information the Secretary requires, including
evidence that the State has notified each local educational
agency in the State of such State's intention to consider such
payments in providing State aid.
``(2) Opportunity to present views.--Before making a
determination under subsection (b), the Secretary shall afford the
State, and local educational agencies in the State, an opportunity
to present their views.
``(3) Qualification procedures.--If the Secretary determines
that a program of State aid qualifies under subsection (b), the
Secretary shall--
``(A) certify the program and so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to any local educational agency adversely
affected by such certification.
``(4) Non-qualification procedures.--If the Secretary
determines that a program of State aid does not qualify under
subsection (b), the Secretary shall--
``(A) so notify the State; and
``(B) afford an opportunity for a hearing, in accordance
with section 8011(a), to the State, and to any local
educational agency adversely affected by such determination.
``(d) Treatment of State Aid.--
``(1) In general.--If a State has in effect a program of State
aid for free public education for any fiscal year, which is
designed to equalize expenditures for free public education among
the local educational agencies of that State, payments under this
title or under the Act of September 30, 1950 (Public Law 874, 81st
Congress) (as such Act was in effect on the day preceding the date
of enactment of the Improving America's Schools Act of 1994) for
any fiscal year may be taken into consideration by such State in
determining the relative--
``(A) financial resources available to local educational
agencies in that State; and
``(B) financial need of such agencies for the provision of
free public education for children served by such agency,
except that a State may consider as local resources funds
received under this title or under the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such Act was in effect
on the day preceding the date of enactment of the Improving
America's Schools Act of 1994) only in proportion to the share
that local tax revenues covered under a State equalization
program are of total local tax revenues.
``(2) Prohibition.--A State may not take into consideration
payments under this title or under the Act of September 30, 1950
(Public Law 874, 81st Congress) (as such Act was in effect on the
day preceding the date of enactment of the Improving America's
Schools Act of 1994) before such State's program of State aid has
been certified by the Secretary under subsection (c)(3).
``(e) Remedies for State Violations.--
``(1) In general.--The Secretary or any aggrieved local
educational agency may, not earlier than 150 days after an adverse
determination by the Secretary against a State for violation of
subsections (a) or (d)(2) or for failure to carry out an assurance
under subsection (b)(3)(B), and if an administrative proceeding has
not been concluded within such time, bring an action in a United
States district court against such State for such violations or
failure.
``(2) Immunity.--A State shall not be immune under the 11th
amendment to the Constitution of the United States from an action
described in paragraph (1).
``(3) Relief.--The court shall grant such relief as the court
determines is appropriate.
``SEC. 8010. FEDERAL ADMINISTRATION.
``(a) Payments in Whole Dollar Amounts.--The Secretary shall round
any payments under this title to the nearest whole dollar amount.
``(b) Other Agencies.--Each Federal agency administering Federal
property on which children reside, and each agency principally
responsible for an activity that may occasion assistance under this
title, shall, to the maximum extent practicable, comply with requests
of the Secretary for information the Secretary may require to carry out
this title.
``(c) Special Rules.--
``(1) Certain children eligible under subsection (a) or (b) of
section 3 of public law 81-874.--Notwithstanding any other
provision of law, for any fiscal year before fiscal year 1995, the
Secretary shall treat as eligible under subsection (a) or (b) of
section 3 of the Act of September 30, 1950 (Public Law 874, 81st
Congress) (as such subsection was in effect on the day preceding
the date of enactment of the Improving America's Schools Act of
1994), and shall forgive the obligation of a local educational
agency to repay any amounts that such agency received under such
section for such fiscal year based on, any child who would be
eligible under such subsections except that such child does not
meet the requirements of subsection (a)(1)(B) or (b)(2)(B),
respectively, of such section 3, if such child meets the
requirements of paragraph (3) of this subsection.
``(2) Certain children eligible under subparagraphs (a) and
(g)(ii) of section 8003(a)(1).--(A) The Secretary shall treat as
eligible under subparagraph (A) of section 8003(a)(1) any child who
would be eligible under such subparagraph except that the Federal
property on which the child resides or on which the child's parent
is employed is not in the same State in which the child attends
school, if such child meets the requirements of paragraph (3) of
this subsection.
``(B) The Secretary shall treat as eligible under subparagraph
(G) of section 8003(a)(1) any child who would be eligible under
such subparagraph except that such child does not meet the
requirements of clause (ii) of such subparagraph, if such child
meets the requirements of paragraph (3) of this subsection.
``(3) Requirements.--A child meets the requirements of this
paragraph if--
``(A) such child resides--
``(i) in a State adjacent to the State in which the
local educational agency serving the school such child
attends is located; or
``(ii) with a parent employed on Federal property in a
State adjacent to the State in which such agency is
located;
``(B) the schools of such agency are within a more
reasonable commuting distance of such child's home than the
schools of the local educational agency that serves the school
attendance area where such child resides;
``(C) attending the schools of the local educational agency
that serves the school attendance area where such child resides
will impose a substantial hardship on such child;
``(D) the State in which such child attends school provides
funds for the education of such child on the same basis as all
other public school children in the State, unless otherwise
permitted under section 5(d)(2) of the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such section was in
effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) or section 8009(b) of
this title; and
``(E) such agency received a payment for fiscal year 1994
under section 8003(b) (or such section's predecessor authority)
on behalf of children described in paragraph (2).
``SEC. 8011. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.
``(a) Administrative Hearings.--A local educational agency and a
State that is adversely affected by any action of the Secretary under
this title or under the Act of September 30, 1950 (Public Law 874, 81st
Congress) (as such Act was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994) shall be
entitled to a hearing on such action in the same manner as if such
agency were a person under chapter 5 of title 5, United States Code.
``(b) Judicial Review of Secretarial Action.--
``(1) In general.--A local educational agency or a State
aggrieved by the Secretary's final decision following an agency
proceeding under subsection (a) may, within 60 days after receiving
notice of such decision, file with the United States court of
appeals for the circuit in which such agency or State is located a
petition for review of that action. The clerk of the court shall
promptly transmit a copy of the petition to the Secretary. The
Secretary shall then file in the court the record of the
proceedings on which the Secretary's action was based, as provided
in section 2112 of title 28, United States Code.
``(2) Findings of fact.--The findings of fact by the Secretary,
if supported by substantial evidence, shall be conclusive, but the
court, for good cause shown, may remand the case to the Secretary
to take further evidence. The Secretary may thereupon make new or
modified findings of fact and may modify the Secretary's previous
action, and shall file in the court the record of the further
proceedings. Such new or modified findings of fact shall likewise
be conclusive if supported by substantial evidence.
``(3) Review.--The court shall have exclusive jurisdiction to
affirm the action of the Secretary or to set it aside, in whole or
in part. The judgment of the court shall be subject to review by
the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United
States Code.
``SEC. 8012. FORGIVENESS OF OVERPAYMENTS.
``Notwithstanding any other provision of law, the Secretary may
forgive the obligation of a local educational agency to repay, in whole
or in part, the amount of any overpayment received under this title, or
under the Act of September 30, 1950 (Public Law 874, 81st Congress) or
the Act of September 23, 1950 (Public Law 815, 81st Congress) (as such
Acts were in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994), if the Secretary determines
that the overpayment was made as a result of an error made by--
``(1) the Secretary; or
``(2) the local educational agency and repayment of the full
amount of the overpayment will result in an undue financial
hardship on the agency and seriously harm the agency's educational
program.
``SEC. 8013. DEFINITIONS.
``For purposes of this title:
``(1) Armed forces.--The term `Armed Forces' means the Army,
Navy, Air Force, and Marine Corps.
``(2) Average per-pupil expenditure.--The term `average per-
pupil expenditure' means--
``(A) the aggregate current expenditures of all local
educational agencies in the State; divided by
``(B) the total number of children in average daily
attendance for whom such agencies provided free public
education.
``(3) Construction.--The term `construction' means--
``(A) the preparation of drawings and specifications for
school facilities;
``(B) erecting, building, acquiring, altering, remodeling,
repairing, or extending school facilities;
``(C) inspecting and supervising the construction of school
facilities; and
``(D) debt service for such activities.
``(4) Current expenditures.--The term `current expenditures'
means expenditures for free public education, including
expenditures for administration, instruction, attendance and health
services, pupil transportation services, operation and maintenance
of plant, fixed charges, and net expenditures to cover deficits for
food services and student body activities, but does not include
expenditures for community services, capital outlay, and debt
service, or any expenditures made from funds awarded under part A
of title I and title VI. The determination of whether an
expenditure for the replacement of equipment is considered a
current expenditure or a capital outlay shall be determined in
accordance with generally accepted accounting principles as
determined by the State.
``(5) Federal property.--
``(A) In general.--Except as provided in subparagraphs (B)
through (F), the term `Federal property' means real property
that is not subject to taxation by any State or any political
subdivision of a State due to Federal agreement, law, or
policy, and that is--
``(i) owned by the United States or leased by the
United States from another entity;
``(ii)(I) held in trust by the United States for
individual Indians or Indian tribes;
``(II) held by individual Indians or Indian tribes
subject to restrictions on alienation imposed by the United
States;
``(III) conveyed at any time under the Alaska Native
Claims Settlement Act to a Native individual, Native group,
or village or regional corporation;
``(IV) public land owned by the United States that is
designated for the sole use and benefit of individual
Indians or Indian tribes; or
``(V) used for low-rent housing, as described in
paragraph (10), that is located on land described in
subclause (I), (II), (III), or (IV) of this clause or on
land that met one of those descriptions immediately before
such property's use for such housing;
``(iii)(I) part of a low-rent housing project assisted
under the United States Housing Act of 1937; or
``(II) used to provide housing for homeless children at
closed military installations pursuant to section 501 of
the Stewart B. McKinney Homeless Assistance Act; or
``(iv) owned by a foreign government or by an
international organization.
``(B) Schools providing flight training to members of air
force.--The term `Federal property' includes, so long as not
subject to taxation by any State or any political subdivision
of a State, and whether or not that tax exemption is due to
Federal agreement, law, or policy, any school providing flight
training to members of the Air Force under contract with the
Air Force at an airport owned by a State or political
subdivision of a State.
``(C) Non-federal easements, leases, licenses, permits,
improvements, and certain other real property.--The term
`Federal property' includes, whether or not subject to taxation
by a State or a political subdivision of a State--
``(i) any non-Federal easement, lease, license, permit,
or other such interest in Federal property as otherwise
described in this paragraph, but not including any non-
Federal fee-simple interest;
``(ii) any improvement on Federal property as otherwise
described in this paragraph; and
``(iii) real property that, immediately before its sale
or transfer to a non-Federal party, was owned by the United
States and otherwise qualified as Federal property
described in this paragraph, but only for one year beyond
the end of the fiscal year of such sale or transfer.
``(D) Certain postal service property and pipelines and
utility lines.--Notwithstanding any other provision of this
paragraph, the term `Federal property' does not include--
``(i) any real property under the jurisdiction of the
United States Postal Service that is used primarily for the
provision of postal services; or
``(ii) pipelines and utility lines.
``(E) Property with respect to which state or local tax
revenues may not be expended, allocated, or available for free
public education.--Notwithstanding any other provision of this
paragraph, `Federal property' does not include any property on
which children reside that is otherwise described in this
paragraph if--
``(i) no tax revenues of the State or of any political
subdivision of the State may be expended for the free
public education of children who reside on that Federal
property; or
``(ii) no tax revenues of the State are allocated or
available for the free public education of such children.
``(F) Property located in the state of oklahoma owned by
indian housing authority for low-income housing.--The term
`Federal property' includes any real property located in the
State of Oklahoma that--
``(i) is owned by an Indian housing authority and used
for low-income housing (including housing assisted under
the mutual help ownership opportunity program under section
202 of the United States Housing Act of 1937); and
``(ii) at any time--
``(I) was designated by treaty as tribal land; or
``(II) satisfied the definition of Federal property
under section 403(1)(A) of the Act of September 30,
1950 (Public Law 874, 81st Congress) (as such Act was
in effect on the day preceding the date of enactment of
the Improving America's Schools Act of 1994).
``(6) Free public education.--The term `free public education'
means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary education, as determined
under State law, except that, notwithstanding State law, such
term--
``(i) includes preschool education; and
``(ii) does not include any education provided beyond
grade 12.
``(7) Indian lands.--The term `Indian lands' means any Federal
property described in paragraph (5)(A)(ii) or (5)(F).
``(8) Local contribution percentage.--
``(A) In general.--The term `local contribution percentage'
means the percentage of current expenditures in the State
derived from local and intermediate sources, as reported to and
verified by the National Center for Education Statistics.
``(B) Hawaii and district of columbia.--Notwithstanding
subparagraph (A), the local contribution percentage for Hawaii
and for the District of Columbia shall be the average local
contribution percentage for all States.
``(9) Local educational agency.--
``(A) In general.--Except as provided in subparagraph (B),
the term `local educational agency'--
``(i) means a board of education or other legally
constituted local school authority having administrative
control and direction of free public education in a county,
township, independent school district, or other school
district; and
``(ii) includes any State agency that directly operates
and maintains facilities for providing free public
education.
``(B) Exception.--The term `local educational agency' does
not include any agency or school authority that the Secretary
determines on a case-by-case basis--
``(i) was constituted or reconstituted primarily for
the purpose of receiving assistance under this title or the
Act of September 30, 1950 (Public Law 874, 81st Congress)
(as such Act was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994)
or increasing the amount of such assistance; or
``(ii) is not constituted or reconstituted for
legitimate educational purposes.
``(10) Low-rent housing.--The term `low-rent housing' means
housing located on property that is described in paragraph
(5)(A)(iii).
``(11) Revenue derived from local sources.--The term `revenue
derived from local sources' means--
``(A) revenue produced within the boundaries of a local
educational agency and available to such agency for such
agency's use; or
``(B) funds collected by another governmental unit, but
distributed back to a local educational agency in the same
proportion as such funds were collected as a local revenue
source.
``(12) School facilities.--The term `school facilities'
includes--
``(A) classrooms and related facilities; and
``(B) equipment, machinery, and utilities necessary or
appropriate for school purposes.
``SEC. 8014. AUTHORIZATION OF APPROPRIATIONS.
``(a) Payments for Federal Acquisition of Real Property.--For the
purpose of making payments under section 8002, there are authorized to
be appropriated $16,750,000 for fiscal year 1995 and such sums as may
be necessary for each of the four succeeding fiscal years.
``(b) Basic Payments; Payments for Heavily Impacted Local
Educational Agencies.--For the purpose of making payments under
subsections (b) and (f) of section 8003, there are authorized to be
appropriated $775,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years, of which 6
percent shall be available, until expended, for each such fiscal year
to carry out section 8003(f).
``(c) Payments for Children With Disabilities.--For the purpose of
making payments under section 8003(d), there are authorized to be
appropriated $45,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
``(d) Payments for Increases in Military Children.--For the purpose
of making payments under section 8006, there are authorized to be
appropriated $2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
``(e) Construction.--For the purpose of carrying out section 8007,
there are authorized to be appropriated $25,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four succeeding
fiscal years.
``(f) Facilities Maintenance.--For the purpose of carrying out
section 8008, there are authorized to be appropriated $2,000,000 for
fiscal year 1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
``TITLE IX--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION
``PART A--INDIAN EDUCATION
``SEC. 9101. FINDINGS.
``The Congress finds that--
``(1) the Federal Government has a special responsibility to
ensure that educational programs for all American Indian and Alaska
Native children and adults--
``(A) are based on high-quality, internationally
competitive content standards and student performance standards
and build on Indian culture and the Indian community;
``(B) assist local educational agencies, Indian tribes, and
other entities and individuals in providing Indian students the
opportunity to achieve such standards; and
``(C) meet the special educational and culturally related
academic needs of American Indian and Alaska Native students;
``(2) since the date of enactment of the initial Indian
Education Act in 1972, the level of involvement of Indian parents
in the planning, development, and implementation of educational
programs that affect such parents and their children has increased
significantly, and schools should continue to foster such
involvement;
``(3) although the number of Indian teachers, administrators,
and university professors has increased since 1972, teacher
training programs are not recruiting, training, or retraining a
sufficient number of Indian individuals as educators to meet the
needs of a growing Indian student population in elementary,
secondary, vocational, adult, and higher education;
``(4) the dropout rate for Indian students is unacceptably
high, for example, 9 percent of Indian students who were eighth
graders in 1988 had already dropped out of school by 1990;
``(5) during the period from 1980 to 1990, the percentage of
Indian individuals living at or below the poverty level increased
from 24 percent to 31 percent, and the readiness of Indian children
to learn is hampered by the high incidence of poverty,
unemployment, and health problems among Indian children and their
families; and
``(6) research related specifically to the education of Indian
children and adults is very limited, and much of the research is of
poor quality or is focused on limited local or regional issues.
``SEC. 9102. PURPOSE.
``(a) Purpose.--It is the purpose of this part to support the
efforts of local educational agencies, Indian tribes and organizations,
postsecondary institutions, and other entities to meet the special
educational and culturally related academic needs of American Indians
and Alaska Natives, so that such students can achieve to the same
challenging State performance standards expected of all students.
``(b) Programs.--This part carries out the purpose described in
subsection (a) by authorizing programs of direct assistance for--
``(1) meeting the special educational and culturally related
academic needs of American Indians and Alaska Natives;
``(2) the education of Indian children and adults;
``(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian people; and
``(4) research, evaluation, data collection, and technical
assistance.
``Subpart 1--Formula Grants to Local Educational Agencies
``SEC. 9111. PURPOSE.
``It is the purpose of this subpart to support local educational
agencies in their efforts to reform elementary and secondary school
programs that serve Indian students in order to ensure that such
programs--
``(1) are based on challenging State content standards and
State student performance standards that are used for all students;
and
``(2) are designed to assist Indian students meet those
standards and assist the Nation in reaching the National Education
Goals.
``SEC. 9112. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) In General.--
``(1) Enrollment requirements.--A local educational agency
shall be eligible for a grant under this subpart for any fiscal
year if the number of Indian children eligible under section 9116
and who were enrolled in the schools of the agency, and to whom the
agency provided free public education, during the preceding fiscal
year--
``(A) was at least 10; and
``(B) constituted not less than 25 percent of the total
number of individuals enrolled in the schools of such agency.
``(2) Exclusion.--The requirement of paragraph (1) shall not
apply in Alaska, California, or Oklahoma, or with respect to any
local educational agency located on, or in proximity to, a
reservation.
``(b) Indian Tribes.--
``(1) In general.--If a local educational agency that is
eligible for a grant under this subpart does not establish a parent
committee under section 9114(c)(4) for such grant, an Indian tribe
that represents no less than one-half of the eligible Indian
children who are served by such local educational agency may apply
for such grant.
``(2) Special rule.--The Secretary shall treat each Indian
tribe applying for a grant pursuant to paragraph (1) as if such
Indian tribe were a local educational agency for purposes of this
subpart.
``SEC. 9113. AMOUNT OF GRANTS.
``(a) Amount of Grant Awards.--
``(1) In general.--Except as provided in subsection (b) and
paragraph (2), the Secretary shall allocate to each local
educational agency which has an approved application under this
subpart an amount equal to the product of--
``(A) the number of Indian children who are eligible under
section 9116 and served by such agency; and
``(B) the greater of--
``(i) the average per-pupil expenditure of the State in
which such agency is located; or
``(ii) 80 percent of the average per-pupil expenditure
in the United States.
``(2) Reduction.--The Secretary shall reduce the amount of each
allocation determined under paragraph (1) in accordance with
subsection (e).
``(b) Minimum Grant.--
``(1) In general.--Notwithstanding subsection (e) of this
section, a local educational agency or an Indian tribe (as
authorized under section 9112(b)) that is eligible for a grant
under section 9112, and a school that is operated or supported by
the Bureau of Indian Affairs that is eligible for a grant under
subsection (d), that submits an application that is approved by the
Secretary, shall, subject to appropriations, receive a grant under
this subpart in an amount that is not less than $3,000.
``(2) Consortia.--Local educational agencies may form a
consortium for the purpose of obtaining grants under this Act.
``(3) Increase.--The Secretary may increase the minimum grant
under paragraph (1) to not more than $4,000 for all grantees if the
Secretary determines such increase is necessary to ensure quality
programs.
``(c) Definition.--For the purpose of this section, the term
`average per-pupil expenditure of a State' means an amount equal to--
``(1) the sum of the aggregate current expenditures of all the
local educational agencies in the State, plus any direct current
expenditures by the State for the operation of such agencies,
without regard to the sources of funds from which such local or
State expenditures were made, during the second fiscal year
preceding the fiscal year for which the computation is made;
divided by
``(2) the aggregate number of children who were included in
average daily attendance for whom such agencies provided free
public education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--In addition to the grants awarded under subsection (a), and
subject to paragraph (2), the Secretary shall allocate to the Secretary
of the Interior an amount equal to the product of--
``(1) the total number of Indian children enrolled in schools
that are operated by--
``(A) the Bureau of Indian Affairs; or
``(B) an Indian tribe, or an organization controlled or
sanctioned by an Indian tribal government, for the children of
such tribe under a contract with, or grant from, the Department
of the Interior under the Indian Self-Determination Act or the
Tribally Controlled Schools Act of 1988 (part B of title V of
the Augustus F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988); and
``(2) the greater of--
``(A) the average per-pupil expenditure of the State in
which the school is located; or
``(B) 80 percent of the average per-pupil expenditure in
the United States.
``(e) Ratable Reductions.--If the sums appropriated for any fiscal
year under section 9162(a) are insufficient to pay in full the amounts
determined for local educational agencies under subsection (a)(1) and
for the Secretary of the Interior under subsection (d), each of those
amounts shall be ratably reduced.
``SEC. 9114. APPLICATIONS.
``(a) Application Required.--Each local educational agency that
desires to receive a grant under this subpart shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may reasonably require.
``(b) Comprehensive Program Required.--Each application submitted
under subsection (a) shall include a comprehensive program for meeting
the needs of Indian children served by the local educational agency,
including the language and cultural needs of the children, that--
``(1) provides programs and activities to meet the culturally
related academic needs of American Indian and Alaska Native
students;
``(2)(A) is consistent with, and promotes the goals in, the
State and local improvement plans, either approved or being
developed, under title III of the Goals 2000: Educate America Act
or, if such plans are not approved or being developed, with the
State and local plans under sections 1111 and 1112 of this Act; and
``(B) includes academic content and student performance goals
for such children, and benchmarks for attaining such goals, that
are based on the challenging State standards adopted under title I
for all children;
``(3) explains how Federal, State, and local programs,
especially under title I, will meet the needs of such students;
``(4) demonstrates how funds made available under this subpart
will be used for activities described in section 9115;
``(5) describes the professional development opportunities that
will be provided, as needed, to ensure that--
``(A) teachers and other school professionals who are new
to the Indian community are prepared to work with Indian
children; and
``(B) all teachers who will be involved in programs
assisted under this subpart have been properly trained to carry
out such programs; and
``(6) describes how the local educational agency--
``(A) will periodically assess the progress of all Indian
children enrolled in the schools of the local educational
agency, including Indian children who do not participate in
programs assisted under this subpart, in meeting the goals
described in paragraph (2);
``(B) will provide the results of each assessment referred
to in subparagraph (A) to--
``(i) the committee of parents described in subsection
(c)(4); and
``(ii) the community served by the local educational
agency; and
``(C) is responding to findings of any previous assessments
that are similar to the assessments described in subparagraph
(A).
``(c) Assurances.--Each application submitted under subsection (a)
shall include assurances that--
``(1) the local educational agency will use funds received
under this subpart only to supplement the level of funds that, in
the absence of the Federal funds made available under this subpart,
such agency would make available for the education of Indian
children, and not to supplant such funds;
``(2) the local educational agency will submit such reports to
the Secretary, in such form and containing such information, as the
Secretary may require to--
``(A) carry out the functions of the Secretary under this
subpart; and
``(B) determine the extent to which funds provided to the
local educational agency under this subpart are effective in
improving the educational achievement of Indian students served
by such agency;
``(3) the program for which assistance is sought--
``(A) is based on a local assessment and prioritization of
the special educational and culturally related academic needs
of the American Indian and Alaska Native students for whom the
local educational agency is providing an education;
``(B) will use the best available talents and resources,
including individuals from the Indian community; and
``(C) was developed by such agency in open consultation
with parents of Indian children and teachers, and, if
appropriate, Indian students from secondary schools, including
public hearings held by such agency to provide the individuals
described in this subparagraph a full opportunity to understand
the program and to offer recommendations regarding the program;
and
``(4) the local educational agency developed the program with
the participation and written approval of a committee--
``(A) that is composed of, and selected by--
``(i) parents of Indian children in the local
educational agency's schools and teachers; and
``(ii) if appropriate, Indian students attending
secondary schools;
``(B) the membership of which is at least more than one-
half parents of Indian children;
``(C) that sets forth such policies and procedures,
including policies and procedures relating to the hiring of
personnel, as will ensure that the program for which assistance
is sought will be operated and evaluated in consultation with,
and with the involvement of, parents of the children, and
representatives of the area, to be served;
``(D) with respect to an application describing a
schoolwide program in accordance with section 9115(c), has--
``(i) reviewed in a timely fashion the program; and
``(ii) determined that the program will not diminish
the availability of culturally related activities for
American Indians and Alaskan Native students; and
``(E) has adopted reasonable bylaws for the conduct of the
activities of the committee and abides by such bylaws.
``SEC. 9115. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency that
receives a grant under this subpart shall use the grant funds, in a
manner consistent with the purpose specified in section 9111, for
services and activities that--
``(1) are designed to carry out the comprehensive plan of the
local educational agency for Indian students, and described in the
application of the local educational agency submitted to the
Secretary under section 9114(b);
``(2) are designed with special regard for the language and
cultural needs of the Indian students; and
``(3) supplement and enrich the regular school program of such
agency.
``(b) Particular Activities.--The services and activities referred
to in subsection (a) may include--
``(1) culturally related activities that support the program
described in the application submitted by the local educational
agency;
``(2) early childhood and family programs that emphasize school
readiness;
``(3) enrichment programs that focus on problem-solving and
cognitive skills development and directly support the attainment of
challenging State content standards and State student performance
standards;
``(4) integrated educational services in combination with other
programs that meet the needs of Indian children and their families;
``(5) school-to-work transition activities to enable Indian
students to participate in programs such as the programs supported
by the School-to-Work Opportunities Act of 1994 and the Carl D.
Perkins Vocational and Applied Technology Education Act, including
programs for tech-prep, mentoring, and apprenticeship;
``(6) activities to educate individuals concerning substance
abuse and to prevent substance abuse; and
``(7) the acquisition of equipment, but only if the acquisition
of the equipment is essential to meet the purpose described in
section 9111.
``(c) Schoolwide Programs.--Notwithstanding any other provision of
law, a local educational agency may use funds made available to such
agency under this subpart to support a schoolwide program under section
1114 if--
``(1) the committee composed of parents established pursuant to
section 9114(c)(4) approves the use of the funds for the schoolwide
program; and
``(2) the schoolwide program is consistent with the purpose
described in section 9111.
``SEC. 9116. STUDENT ELIGIBILITY FORMS.
``(a) In General.--The Secretary shall require that, as part of an
application for a grant under this subpart, each applicant shall
maintain a file, with respect to each Indian child for whom the local
educational agency provides a free public education, that contains a
form that sets forth information establishing the status of the child
as an Indian child eligible for assistance under this subpart and that
otherwise meets the requirements of subsection (b).
``(b) Forms.--
``(1) In general.--The form described in subsection (a) shall
include--
``(A) either--
``(i)(I) the name of the tribe or band of Indians (as
defined in section 9161(4)) with respect to which the child
claims membership;
``(II) the enrollment number establishing the
membership of the child (if readily available); and
``(III) the name and address of the organization that
maintains updated and accurate membership data for such
tribe or band of Indians; or
``(ii) if the child is not a member of a tribe or band
of Indians, the name, the enrollment number (if readily
available), and the organization (and address thereof)
responsible for maintaining updated and accurate membership
rolls of any parent or grandparent of the child from whom
the child claims eligibility;
``(B) a statement of whether the tribe or band of Indians
with respect to which the child, parent or grandparent of the
child claims membership is federally recognized;
``(C) the name and address of the parent or legal guardian
of the child;
``(D) a signature of the parent or legal guardian of the
child that verifies the accuracy of the information supplied;
and
``(E) any other information that the Secretary considers
necessary to provide an accurate program profile.
``(2) Minimum information.--In order for a child to be eligible
to be counted for the purpose of computing the amount of a grant
award made under section 9113, an eligibility form prepared
pursuant to this section for a child shall include--
``(A) the name of the child;
``(B) the name of the tribe or band of Indians (as defined
in section 9161(4)) with respect to which the child claims
eligibility; and
``(C) the dated signature of the parent or guardian of the
child.
``(3) Failure.--The failure of an applicant to furnish any
information described in this subsection other than the information
described in paragraph (2) with respect to any child shall have no
bearing on the determination of whether the child is an eligible
Indian child for the purposes of determining the amount of a grant
award made under section 9113.
``(c) Statutory Construction.--Nothing in this section shall be
construed to affect a definition contained in section 9161.
``(d) Forms and Standards of Proof.--The forms and the standards of
proof (including the standard of good faith compliance) that were in
use during the 1985-1986 academic year to establish the eligibility of
a child for entitlement under the Indian Elementary and Secondary
School Assistance Act shall be the forms and standards of proof used--
``(1) to establish such eligibility; and
``(2) to meet the requirements of subsection (a).
``(e) Documentation.--For purposes of determining whether a child
is eligible to be counted for the purpose of computing the amount of a
grant under section 9113, the membership of the child, or any parent or
grandparent of the child, in a tribe or band of Indians may be
established by proof other than an enrollment number, notwithstanding
the availability of an enrollment number for a member of such tribe or
band. Nothing in subsection (b) shall be construed to require the
furnishing of an enrollment number.
``(f) Monitoring and Evaluation Review.--
``(1) In general.--(A) For each fiscal year, in order to
provide such information as is necessary to carry out the
responsibility of the Secretary to provide technical assistance
under this subpart, the Secretary shall conduct a monitoring and
evaluation review of a sampling of the recipients of grants under
this subpart. The sampling conducted under this subparagraph shall
take into account size of the local educational agency and the
geographic location of such agency.
``(B) A local educational agency may not be held liable to the
United States or be subject to any penalty, by reason of the
findings of an audit that relates to the date of completion, or the
date of submission, of any forms used to establish, before April
28, 1988, the eligibility of a child for entitlement under the
Indian Elementary and Secondary School Assistance Act.
``(2) False information.--Any local educational agency that
provides false information in an application for a grant under this
subpart shall--
``(A) be ineligible to apply for any other grant under this
subpart; and
``(B) be liable to the United States for any funds that
have not been expended.
``(3) Excluded children.--A student who provides false
information for the form required under subsection (d) shall not be
counted for the purpose of computing the amount of a grant under
section 9113.
``(g) Distribution.--For the purposes of the distribution of funds
under this subpart to schools that receive funding from the Bureau of
Indian Affairs pursuant to--
``(1) section 1130 of the Education Amendments of 1978; and
``(2) the Act of April 16, 1934 (48 Stat. 596, chapter 147),
the Secretary shall, in lieu of meeting the requirements of this
section for counting Indian children, use a count of the number of
students in such schools certified by the Bureau of Indian Affairs.
``SEC. 9117. PAYMENTS.
``(a) In General.--Subject to subsections (b) and (c), the
Secretary shall pay to each local educational agency that submits an
application that is approved by the Secretary under this subpart the
amount determined under section 9113. The Secretary shall notify the
local educational agency of the amount of the payment not later than
June 1 of the year for which the Secretary makes the payment.
``(b) Payments Taken Into Account by the State.--The Secretary may
not make a grant under this subpart to a local educational agency for a
fiscal year if, for such fiscal year, the State in which the local
educational agency is located takes into consideration payments made
under this subpart (or under subpart 1 of the Indian Education Act of
1988) in determining the eligibility of the local educational agency
for State aid, or the amount of the State aid, with respect to the free
public education of children during such fiscal year or the preceding
fiscal year.
``(c) Reduction of Payment for Failure To Maintain Fiscal Effort.--
``(1) In general.--The Secretary may not pay a local
educational agency the full amount of a grant award determined
under section 9113 for any fiscal year unless the State educational
agency notifies the Secretary, and the Secretary determines, that
with respect to the provision of free public education by the local
educational agency for the preceding fiscal year, that the combined
fiscal effort of the local educational agency and the State,
computed on either a per student or aggregate expenditure basis was
not less than 90 percent of the amount of the combined fiscal
effort, computed on the same basis, for the second preceding fiscal
year.
``(2) Failure.--If, for any fiscal year, the Secretary
determines that a local educational agency failed to maintain the
fiscal effort of such agency at the level specified in paragraph
(1), the Secretary shall--
``(A) reduce the amount of the grant that would otherwise
be made to such agency under this subpart in the exact
proportion of such agency's failure to maintain its fiscal
effort at such level; and
``(B) not use the reduced amount of the agency's
expenditures for the preceding year to determine compliance
with paragraph (1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have been required to
comply with paragraph (1).
``(3) Waiver.--(A) The Secretary may waive the requirement of
paragraph (1), for not more than one year at a time, if the
Secretary determines that the failure to comply with such
requirement is due to exceptional or uncontrollable circumstances,
such as a natural disaster or a precipitous and unforeseen decline
in the agency's financial resources.
``(B) The Secretary shall not use the reduced amount of such
agency's expenditures for the fiscal year preceding the fiscal year
for which a waiver is granted to determine compliance with
paragraph (1) for any succeeding fiscal year, but shall use the
amount of expenditures that would have been required to comply with
paragraph (1) in the absence of the waiver.
``(d) Reallocations.--The Secretary may reallocate, in a manner
that the Secretary determines will best carry out the purpose of this
subpart, any amounts that--
``(1) based on estimates made by local educational agencies or
other information, the Secretary determines will not be needed by
such agencies to carry out approved programs under this subpart; or
``(2) otherwise become available for reallocation under this
subpart.
``SEC. 9118. STATE EDUCATIONAL AGENCY REVIEW.
``(a) Application.--Each entity desiring assistance under this
subpart shall submit an application to the Secretary at such time, in
such manner and accompanied by such information as the Secretary may
reasonably require except that this subsection shall not apply to
Bureau-funded schools.
``(b) Special Rule.--Before submitting an application under
subsection (a) to the Secretary, the entity shall submit its
application to the State educational agency. The State educational
agency may comment on such application, however if such agency comments
on such application such agency shall comment on all applications
submitted by entities within the State and shall provide such comments
to the appropriate local educational agency, which local educational
agency shall be given an opportunity to respond to such comments.
``Subpart 2--Special Programs and Projects To Improve Educational
Opportunities for Indian Children
``SEC. 9121. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR INDIAN
CHILDREN.
``(a) Purpose.--
``(1) In general.--It is the purpose of this section to support
projects to develop, test, and demonstrate the effectiveness of
services and programs to improve educational opportunities and
achievement of Indian children.
``(2) Coordination.--The Secretary shall take such actions as
are necessary to achieve the coordination of activities assisted
under this subpart with--
``(A) other programs funded under this Act; and
``(B) other Federal programs operated for the benefit of
American Indian and Alaska Native children.
``(b) Eligible Entities.--For the purpose of this section, the term
`eligible entity' means a State educational agency, local educational
agency, Indian tribe, Indian organization, federally supported
elementary and secondary school for Indian students, Indian
institution, including an Indian institution of higher education, or a
consortium of such institutions.
``(c) Grants Authorized.--
``(1) In general.--The Secretary shall award grants to eligible
entities to enable such entities to carry out activities that meet
the purpose specified in subsection (a)(1), including--
``(A) innovative programs related to the educational needs
of educationally deprived children;
``(B) educational services that are not available to such
children in sufficient quantity or quality, including remedial
instruction, to raise the achievement of Indian children in one
or more of the core academic subjects of English, mathematics,
science, foreign languages, art, history, and geography;
``(C) bilingual and bicultural programs and projects;
``(D) special health and nutrition services, and other
related activities, that address the special health, social,
and psychological problems of Indian children;
``(E) special compensatory and other programs and projects
designed to assist and encourage Indian children to enter,
remain in, or reenter school, and to increase the rate of
secondary school graduation;
``(F) comprehensive guidance, counseling, and testing
services;
``(G) early childhood and kindergarten programs, including
family-based preschool programs that emphasize school readiness
and parental skills, and the provision of services to Indian
children with disabilities;
``(H) partnership projects between local educational
agencies and institutions of higher education that allow
secondary school students to enroll in courses at the
postsecondary level to aid such students in the transition from
secondary school to postsecondary education;
``(I) partnership projects between schools and local
businesses for school-to-work transition programs designed to
provide Indian youth with the knowledge and skills the youth
need to make an effective transition from school to a first job
in a high-skill, high-wage career;
``(J) programs designed to encourage and assist Indian
students to work toward, and gain entrance into, an institution
of higher education; or
``(K) other services that meet the purpose described in
subsection (a)(1).
``(2) Preservice or inservice training.--Preservice or
inservice training of professional and paraprofessional personnel
may be a part of any program assisted under this section.
``(d) Grant Requirements and Applications.--
``(1) Grant requirements.--(A) The Secretary may make multiyear
grants under this section for the planning, development, pilot
operation, or demonstration of any activity described in subsection
(c) for a period not to exceed 5 years.
``(B) In making multiyear grants under this section, the
Secretary shall give priority to applications that present a plan
for combining two or more of the activities described in subsection
(c) over a period of more than 1 year.
``(C) The Secretary shall make a grant payment to an eligible
entity after the initial year of the multiyear grant only if the
Secretary determines that the eligible entity has made substantial
progress in carrying out the activities assisted under the grant in
accordance with the application submitted under paragraph (2) and
any subsequent modifications to such application.
``(D)(i) In addition to awarding the multiyear grants described
in subparagraph (A), the Secretary may award grants to eligible
entities for the dissemination of exemplary materials or programs
assisted under this section.
``(ii) The Secretary may award a dissemination grant under this
subparagraph if, prior to awarding the grant, the Secretary
determines that the material or program to be disseminated has been
adequately reviewed and has a demonstrated--
``(I) educational merit; and
``(II) the ability to be replicated.
``(2) Application.--(A) Any eligible entity that desires to
receive a grant under this subsection shall submit an application
to the Secretary at such time and in such manner as the Secretary
may require.
``(B) Each application submitted to the Secretary under
subparagraph (A) shall contain--
``(i) a description of how parents of Indian children and
representatives of Indian tribes have been, and will be,
involved in developing and implementing the activities for
which assistance is sought;
``(ii) assurances that the applicant will participate, at
the request of the Secretary, in any national evaluation of
activities assisted under this section; and
``(iii) such other assurances and information as the
Secretary may reasonably require.
``SEC. 9122. PROFESSIONAL DEVELOPMENT.
``(a) Purposes.--The purposes of this section are--
``(1) to increase the number of qualified Indian individuals in
professions that serve Indian people;
``(2) to provide training to qualified Indian individuals to
enable such individuals to become teachers, administrators, teacher
aides, social workers, and ancillary educational personnel; and
``(3) to improve the skills of qualified Indian individuals who
serve in the capacities described in paragraph (2).
``(b) Eligible Entities.--For the purpose of this section, the term
`eligible entity' means--
``(1) an institution of higher education, including an Indian
institution of higher education;
``(2) a State or local educational agency, in consortium with
an institution of higher education; and
``(3) an Indian tribe or organization, in consortium with an
institution of higher education.
``(c) Program Authorized.--The Secretary is authorized to award
grants to eligible entities having applications approved under this
section to enable such entities to carry out the activities described
in subsection (d).
``(d) Authorized Activities.--
``(1) In general.--Grant funds under this section shall be used
to provide support and training for Indian individuals in a manner
consistent with the purposes of this section. Such activities may
include but are not limited to, continuing programs, symposia,
workshops, conferences, and direct financial support.
``(2) Special rules.--(A) For education personnel, the training
received pursuant to a grant under this section may be inservice or
preservice training.
``(B) For individuals who are being trained to enter any field
other than education, the training received pursuant to a grant
under this section shall be in a program that results in a graduate
degree.
``(e) Application.--
``(1) In general.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such
time, in such manner and accompanied by such information, as the
Secretary may reasonably require.
``(2) Preference.--In awarding grants under this section, the
Secretary shall give preference to applications describing programs
that train Indian individuals.
``(f) Special Rule.--In making grants under this section, the
Secretary--
``(1) shall consider the prior performance of the eligible
entity; and
``(2) may not limit eligibility to receive a grant under this
section on the basis of--
``(A) the number of previous grants the Secretary has
awarded such entity; or
``(B) the length of any period during which such entity
received such grants.
``(g) Grant Period.--Each grant under this section shall be awarded
for a program of not more than 5 years.
``(h) Service Obligation.--
``(1) In general.--The Secretary shall require, by regulation,
that an individual who receives training pursuant to a grant made
under this section--
``(A) perform work--
``(i) related to the training received under this
section; and
``(ii) that benefits Indian people; or
``(B) repay all or a prorated part of the assistance
received.
``(2) Reporting.--The Secretary shall establish, by regulation,
a reporting procedure under which a grant recipient under this
section shall, not later than 12 months after the date of
completion of the training, and periodically thereafter, provide
information concerning the compliance of such recipient with the
work requirement under paragraph (1).
``SEC. 9123. FELLOWSHIPS FOR INDIAN STUDENTS.
``(a) Fellowships.--
``(1) Authority.--The Secretary is authorized to award
fellowships to Indian students to enable such students to study in
graduate and professional programs at institutions of higher
education.
``(2) Requirements.--The fellowships described in paragraph (1)
shall be awarded to Indian students to enable such students to
pursue a course of study--
``(A) of not more than 4 academic years; and
``(B) that leads--
``(i) toward a postbaccalaureate degree in medicine,
clinical psychology, psychology, law, education, and
related fields; or
``(ii) to an undergraduate or graduate degree in
engineering, business administration, natural resources,
and related fields.
``(b) Stipends.--The Secretary shall pay to Indian students awarded
fellowships under subsection (a) such stipends (including allowances
for subsistence of such students and dependents of such students) as
the Secretary determines to be consistent with prevailing practices
under comparable federally supported programs.
``(c) Payments to Institutions in Lieu of Tuition.--The Secretary
shall pay to the institution of higher education at which a fellowship
recipient is pursuing a course of study, in lieu of tuition charged
such recipient, such amounts as the Secretary may determine to be
necessary to cover the cost of education provided such recipient.
``(d) Special Rules.--
``(1) In general.--If a fellowship awarded under subsection (a)
is vacated prior to the end of the period for which the fellowship
is awarded, the Secretary may award an additional fellowship for
the unexpired portion of the period of the fellowship.
``(2) Written notice.--Not later than 45 days before the
commencement of an academic term, the Secretary shall provide to
each individual who is awarded a fellowship under subsection (a)
for such academic term written notice of--
``(A) the amount of the fellowship; and
``(B) any stipends or other payments that will be made
under this section to, or for the benefit of, the individual
for the academic term.
``(3) Priority.--Not more than 10 percent of the fellowships
awarded under subsection (a) shall be awarded, on a priority basis,
to persons receiving training in guidance counseling with a
speciality in the area of alcohol and substance abuse counseling
and education.
``(e) Service Obligation.--
``(1) In general.--The Secretary shall require, by regulation,
that an individual who receives financial assistance under this
section--
``(A) perform work--
``(i) related to the training for which the individual
receives assistance under this section; and
``(ii) that benefits Indian people; or
``(B) repay all or a prorated portion of such assistance.
``(2) Reporting procedure.--The Secretary shall establish, by
regulation, a reporting procedure under which the recipient of
training assistance under this section, not later than 12 months
after the date of completion of the training and periodically
thereafter, shall provide information concerning the compliance of
such recipient with the work requirement under paragraph (1).
``(f) Administration of Fellowships.--The Secretary may administer
the fellowships authorized under this section through a grant to, or
contract or cooperative agreement with, an Indian organization with
demonstrated qualifications to administer all facets of the program
assisted under this section.
``SEC. 9124. GIFTED AND TALENTED.
``(a) Program Authorized.--The Secretary is authorized to--
``(1) establish two centers for gifted and talented Indian
students at tribally controlled community colleges in accordance
with this section; and
``(2) support demonstration projects described in subsection
(c).
``(b) Eligible Entities.--The Secretary shall make grants to, or
enter into contracts, for the activities described in subsection (a),
with--
``(1) two tribally controlled community colleges that--
``(A) are eligible for funding under the Tribally
Controlled Community College Assistance Act of 1978; and
``(B) are fully accredited; or
``(2) if the Secretary does not receive applications that the
Secretary determines to be approvable from two colleges that meet
the requirements of paragraph (1), the American Indian Higher
Education Consortium.
``(c) Use of Funds.--
``(1) In general.--The grants made, or contracts entered into,
by the Secretary under subsection (a) shall be used for--
``(A) the establishment of centers described in subsection
(a); and
``(B) carrying out demonstration projects designed to--
``(i) address the special needs of Indian students in
elementary and secondary schools who are gifted and
talented; and
``(ii) provide such support services to the families of
the students described in clause (i) as are needed to
enable such students to benefit from the projects.
``(2) Subcontracts.--Each recipient of a grant or contract
under subsection (a) may enter into a contract with any other
entity, including the Children's Television Workshop, to carry out
the demonstration project under this subsection.
``(3) Demonstration projects.--Demonstration projects assisted
under subsection (a) may include--
``(A) the identification of the special needs of gifted and
talented Indian students, particularly at the elementary school
level, giving attention to--
``(i) the emotional and psychosocial needs of such
students; and
``(ii) providing such support services to the families
of such students as are needed to enable such students to
benefit from the project;
``(B) the conduct of educational, psychosocial, and
developmental activities that the Secretary determines holds a
reasonable promise of resulting in substantial progress toward
meeting the educational needs of such gifted and talented
children, including but not limited to--
``(i) demonstrating and exploring the use of Indian
languages and exposure to Indian cultural traditions; and
``(ii) mentoring and apprenticeship programs;
``(C) the provision of technical assistance and the
coordination of activities at schools that receive grants under
subsection (d) with respect to the activities assisted under
such grants, the evaluation of programs assisted under such
grants, or the dissemination of such evaluations;
``(D) the use of public television in meeting the special
educational needs of such gifted and talented children;
``(E) leadership programs designed to replicate programs
for such children throughout the United States, including
disseminating information derived from the demonstration
projects conducted under subsection (a); and
``(F) appropriate research, evaluation, and related
activities pertaining to the needs of such children and to the
provision of such support services to the families of such
children that are needed to enable such children to benefit
from the project.
``(4) Application.--Each entity desiring a grant under
subsection (a) shall submit an application to the Secretary at such
time and in such manner as the Secretary may prescribe.
``(d) Additional Grants.--
``(1) In general.--The Secretary, in consultation with the
Secretary of the Interior, shall award 5 grants to schools funded
by the Bureau of Indian Affairs (hereafter in this section referred
to as `Bureau schools') for program research and development and
the development and dissemination of curriculum and teacher
training material, regarding--
``(A) gifted and talented students;
``(B) college preparatory studies (including programs for
Indian students with an interest in pursuing teaching careers);
``(C) students with special culturally related academic
needs, including students with social, lingual, and cultural
needs; or
``(D) mathematics and science education.
``(2) Applications.--Each Bureau school desiring a grant to
conduct one or more of the activities described in paragraph (1)
shall submit an application to the Secretary in such form and at
such time as the Secretary may prescribe.
``(3) Special rule.--Each application described in paragraph
(2) shall be developed, and each grant under this subsection shall
be administered, jointly by the supervisor of the Bureau school and
the local educational agency serving such school.
``(4) Requirements.--In awarding grants under paragraph (1),
the Secretary shall achieve a mixture of the programs described in
paragraph (1) that ensures that Indian students at all grade levels
and in all geographic areas of the United States are able to
participate in a program assisted under this subsection.
``(5) Grant period.--Subject to the availability of
appropriations, grants under paragraph (1) shall be awarded for a
3-year period and may be renewed by the Secretary for additional 3-
year periods if the Secretary determines that the performance of
the grant recipient has been satisfactory.
``(6) Dissemination.--(A) The dissemination of any materials
developed from activities assisted under paragraph (1) shall be
carried out in cooperation with entities that receive funds
pursuant to subsection (b).
``(B) The Secretary shall report to the Secretary of the
Interior and to the Congress any results from activities described
in paragraph (3)(B).
``(7) Evaluation costs.--(A) The costs of evaluating any
activities assisted under paragraph (1) shall be divided between
the Bureau schools conducting such activities and the recipients of
grants or contracts under subsection (b) who conduct demonstration
projects under such subsection.
``(B) If no funds are provided under subsection (b) for--
``(i) the evaluation of activities assisted under paragraph
(1);
``(ii) technical assistance and coordination with respect
to such activities; or
``(iii) the dissemination of the evaluations referred to in
clause (i),
then the Secretary shall make such grants, or enter into such
contracts, as are necessary to provide for the evaluations,
technical assistance, and coordination of such activities, and the
dissemination of the evaluations.
``(e) Information Network.--The Secretary shall encourage each
recipient of a grant or contract under this section to work
cooperatively as part of a national network to ensure that the
information developed by the grant or contract recipient is readily
available to the entire educational community.
``SEC. 9125. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE PLANNING AND
DEVELOPMENT.
``(a) In General.--The Secretary may make grants to Indian tribes,
and tribal organizations approved by Indian tribes, to plan and develop
a centralized tribal administrative entity to--
``(1) coordinate all education programs operated by the tribe
or within the territorial jurisdiction of the tribe;
``(2) develop education codes for schools within the
territorial jurisdiction of the tribe;
``(3) provide support services and technical assistance to
schools serving children of the tribe; and
``(4) perform child-find screening services for the preschool-
aged children of the tribe to--
``(A) ensure placement in appropriate educational
facilities; and
``(B) coordinate the provision of any needed special
services for conditions such as disabilities and English
language skill deficiencies.
``(b) Period of Grant.--Each grant under this section may be
awarded for a period of not more than 3 years, except that such grant
may be renewed upon the termination of the initial period of the grant
if the grant recipient demonstrates to the satisfaction of the
Secretary that renewing the grant for an additional 3-year period is
necessary to carry out the objectives of the grant described in
subsection (c)(2)(A).
``(c) Application for Grant.--
``(1) In general.--Each Indian tribe and tribal organization
desiring a grant under this section shall submit an application to
the Secretary at such time, in such manner, containing such
information, and consistent with such criteria, as the Secretary
may prescribe in regulations.
``(2) Contents.--Each application described in paragraph (1)
shall contain--
``(A) a statement describing the activities to be
conducted, and the objectives to be achieved, under the grant;
and
``(B) a description of the method to be used for evaluating
the effectiveness of the activities for which assistance is
sought and determining whether such objectives are achieved.
``(3) Approval.--The Secretary may approve an application
submitted by a tribe or tribal organization pursuant to this
section only if the Secretary is satisfied that such application,
including any documentation submitted with the application--
``(A) demonstrates that the applicant has consulted with
other education entities, if any, within the territorial
jurisdiction of the applicant who will be affected by the
activities to be conducted under the grant;
``(B) provides for consultation with such other education
entities in the operation and evaluation of the activities
conducted under the grant; and
``(C) demonstrates that there will be adequate resources
provided under this section or from other sources to complete
the activities for which assistance is sought, except that the
availability of such other resources shall not be a basis for
disapproval of such application.
``(d) Restriction.--A tribe may not receive funds under this
section if such tribe receives funds under section 1144 of the Indian
Education Amendments of 1978.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Education $3,000,000 for each of the
fiscal years 1995 through 1999 to carry out this section.
``Subpart 3--Special Programs Relating to Adult Education for Indians
``SEC. 9131. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR ADULT
INDIANS.
``(a) In General.--The Secretary shall award grants to State and
local educational agencies, and to Indian tribes, institutions, and
organizations--
``(1) to support planning, pilot, and demonstration projects
that are designed to test and demonstrate the effectiveness of
programs for improving employment and educational opportunities for
adult Indians;
``(2) to assist in the establishment and operation of programs
that are designed to stimulate--
``(A) basic literacy opportunities for all nonliterate
Indian adults; and
``(B) the provision of opportunities to all Indian adults
to qualify for a secondary school diploma, or its recognized
equivalent, in the shortest period of time feasible;
``(3) to support a major research and development program to
develop more innovative and effective techniques for achieving
literacy and secondary school equivalency for Indians;
``(4) to provide for basic surveys and evaluations to define
accurately the extent of the problems of illiteracy and lack of
secondary school completion among Indians; and
``(5) to encourage the dissemination of information and
materials relating to, and the evaluation of, the effectiveness of
education programs that may offer educational opportunities to
Indian adults.
``(b) Educational Services.--The Secretary may make grants to
Indian tribes, institutions, and organizations to develop and establish
educational services and programs specifically designed to improve
educational opportunities for Indian adults.
``(c) Information and Evaluation.--The Secretary may make grants
to, and enter into contracts with, public agencies and institutions and
Indian tribes, institutions, and organizations, for--
``(1) the dissemination of information concerning educational
programs, services, and resources available to Indian adults,
including evaluations of the programs, services, and resources; and
``(2) the evaluation of federally assisted programs in which
Indian adults may participate to determine the effectiveness of the
programs in achieving the purposes of the programs with respect to
Indian adults.
``(d) Applications.--
``(1) In general.--Each entity desiring a grant under this
section shall submit to the Secretary an application at such time,
in such manner, containing such information, and consistent with
such criteria, as the Secretary may prescribe in regulations.
``(2) Contents.--Each application described in paragraph (1)
shall contain--
``(A) a statement describing the activities to be
conducted, and the objectives to be achieved, under the grant;
and
``(B) a description of the method to be used for evaluating
the effectiveness of the activities for which assistance is
sought and determining whether the objectives of the grant are
achieved.
``(3) Approval.--The Secretary shall not approve an application
described in paragraph (1) unless the Secretary determines that
such application, including any documentation submitted with the
application, indicates--
``(A) there has been adequate participation, by the
individuals to be served and appropriate tribal communities, in
the planning and development of the activities to be assisted;
and
``(B) the individuals and tribal communities referred to in
subparagraph (A) will participate in the operation and
evaluation of the activities to be assisted.
``(4) Priority.--In approving applications under paragraph (1),
the Secretary shall give priority to applications from Indian
educational agencies, organizations, and institutions.
``Subpart 4--National Research Activities
``SEC. 9141. NATIONAL ACTIVITIES.
``(a) Authorized Activities.--The Secretary may use funds made
available under section 9162(b) for each fiscal year to--
``(1) conduct research related to effective approaches for the
education of Indian children and adults;
``(2) evaluate federally assisted education programs from which
Indian children and adults may benefit;
``(3) collect and analyze data on the educational status and
needs of Indians; and
``(4) carry out other activities that are consistent with the
purpose of this part.
``(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through grants to,
or contracts or cooperative agreements with Indian tribes, Indian
organizations, State educational agencies, local educational agencies,
institutions of higher education, including Indian institutions of
higher education, and other public and private agencies and
institutions.
``(c) Coordination.--Research activities supported under this
section--
``(1) shall be carried out in consultation with the Office of
Educational Research and Improvement to assure that such activities
are coordinated with and enhance the research and development
activities supported by the Office; and
``(2) may include collaborative research activities which are
jointly funded and carried out by the Office of Indian Education
and the Office of Educational Research and Improvement.
``Subpart 5--Federal Administration
``SEC. 9151. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There is established a National Advisory Council
on Indian Education (hereafter in this section referred to as the
`Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed by
the President from lists of nominees furnished, from time to time,
by Indian tribes and organizations; and
``(2) represent different geographic areas of the United
States.
``(b) Duties.--The Council shall--
``(1) advise the Secretary concerning the funding and
administration (including the development of regulations and
administrative policies and practices) of any program, including
any program established under this part--
``(A) with respect to which the Secretary has jurisdiction;
and
``(B)(i) that includes Indian children or adults as
participants; or
``(ii) that may benefit Indian children or adults;
``(2) make recommendations to the Secretary for filling the
position of Director of Indian Education whenever a vacancy occurs;
and
``(3) submit to the Congress, not later than June 30 of each
year, a report on the activities of the Council, including--
``(A) any recommendations that the Council considers
appropriate for the improvement of Federal education programs
that include Indian children or adults as participants, or that
may benefit Indian children or adults; and
``(B) recommendations concerning the funding of any program
described in subparagraph (A).
``SEC. 9152. PEER REVIEW.
``The Secretary may use a peer review process to review
applications submitted to the Secretary under subpart 2, 3, or 4.
``SEC. 9153. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants under subpart 2, 3, or 4, the Secretary shall
give a preference to Indian tribes, organizations, and institutions of
higher education under any program with respect to which Indian tribes,
organizations, and institutions are eligible to apply for grants.
``SEC. 9154. MINIMUM GRANT CRITERIA.
``The Secretary may not approve an application for a grant under
subpart 2 or 3 unless the application is for a grant that is--
``(1) of sufficient size, scope, and quality to achieve the
purpose or objectives of such grant; and
``(2) based on relevant research findings.
``Subpart 6--Definitions; Authorizations of Appropriations
``SEC. 9161. DEFINITIONS.
``As used in this part:
``(1) Adult.--The term `adult' means an individual who--
``(A) has attained the age of 16 years; or
``(B) has attained an age that is greater than the age of
compulsory school attendance under an applicable State law.
``(2) Adult education.--The term `adult education' has the
meaning given such term in section 312(2) of the Adult Education
Act.
``(3) Free public education.--The term `free public education'
means education that is--
``(A) provided at public expense, under public supervision
and direction, and without tuition charge; and
``(B) provided as elementary or secondary education in the
applicable State or to preschool children.
``(4) Indian.--The term `Indian' means an individual who is--
``(A) a member of an Indian tribe or band, as membership is
defined by the tribe or band, including--
``(i) any tribe or band terminated since 1940; and
``(ii) any tribe or band recognized by the State in
which the tribe or band resides;
``(B) a descendant, in the first or second degree, of an
individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior to be an
Indian for any purpose;
``(D) an Eskimo, Aleut, or other Alaska Native; or
``(E) a member of an organized Indian group that received a
grant under the Indian Education Act of 1988 as it was in
effect the day preceding the date of enactment of the Act
entitled the `Improving America's Schools Act of 1994'.
``SEC. 9162. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Subpart 1.--For the purpose of carrying out subpart 1 of this
part, there are authorized to be appropriated to the Department of
Education $61,300,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
``(b) Subparts 2 Through 4.--For the purpose of carrying out
subparts 2, 3, and 4 of this part, there are authorized to be
appropriated to the Department of Education $26,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four succeeding
fiscal years.
``(c) Subpart 5.--For the purpose of carrying out subpart 5 of this
part, there are authorized to be appropriated to the Department of
Education $3,775,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years.
``PART B--NATIVE HAWAIIANS
``SEC. 9201. SHORT TITLE.
``This part may be cited as the `Native Hawaiian Education Act'.
``SEC. 9202. FINDINGS.
``The Congress finds and declares as follows:
``(1) Native Hawaiians are a distinct and unique indigenous
people with a historical continuity to the original inhabitants of
the Hawaiian archipelago, whose society was organized as a nation
and internationally recognized as such by the United States,
Britain, France, and Japan, as evidenced by treaties governing
friendship, commerce, and navigation.
``(2) At the time of the arrival of the first non-indigenous
people in Hawai`i in 1778, the Native Hawaiian people lived in a
highly organized, self-sufficient subsistence social system based
on a communal land tenure system with a sophisticated language,
culture, and religion.
``(3) A unified monarchial government of the Hawaiian Islands
was established in 1810 under Kamehameha I, the first King of
Hawai`i.
``(4) From 1826 until 1893, the United States recognized the
sovereignty and independence of the Kingdom of Hawai`i, which was
established in 1810 under Kamehameha I, extended full and complete
diplomatic recognition to the Kingdom of Hawai`i, and entered into
treaties and conventions with the Kingdom of Hawai`i to govern
friendship, commerce and navigation in 1826, 1842, 1849, 1875, and
1887.
``(5) In 1893, the sovereign, independent, internationally
recognized, and indigenous government of Hawai`i, the Kingdom of
Hawai`i, was overthrown by a small group of non-Hawaiians,
including United States citizens, who were assisted in their
efforts by the United States Minister, a United States naval
representative, and armed naval forces of the United States.
Because of the participation of United States agents and citizens
in the overthrow of the Kingdom of Hawai`i, the Congress, on behalf
of the people of the United States, apologized to Native Hawaiians
for the overthrow and the deprivation of the rights of Native
Hawaiians to self-determination through Public Law 103-150 (107
Stat. 1510).
``(6) In 1898, the joint resolution entitled `A Joint
Resolution to provide for annexing the Hawaiian Islands to the
United States', approved July 7, 1898 (30 Stat. 750), ceded
absolute title of all lands held by the Republic of Hawai`i,
including the government and crown lands of the former Kingdom of
Hawai`i, to the United States, but mandated that revenue generated
from these lands be used `solely for the benefit of the inhabitants
of the Hawaiian Islands for educational and other public purposes'.
``(7) By 1919, the Native Hawaiian population had declined from
an estimated 1,000,000 in 1778 to an alarming 22,600, and in
recognition of this severe decline, the Congress in 1921 enacted
the Hawaiian Homes Commission Act, 1920, which designated
approximately 200,000 acres of ceded public lands for homesteading
by Native Hawaiians.
``(8) Through the enactment of the Hawaiian Homes Commission
Act, 1920, the Congress affirmed the special relationship between
the United States and the Native Hawaiians, as expressed by then
Secretary of the Interior Franklin K. Lane, who was quoted in the
committee report for the Hawaiian Homes Commission Act, 1920, as
saying: `One thing that impressed me . . . was the fact that the
natives of the island who are our wards, I should say, and for whom
in a sense we are trustees, are falling off rapidly in numbers and
many of them are in poverty.'.
``(9) In 1938, the United States Congress again acknowledged
the unique status of the Hawaiian people by including in the Act of
June 20, 1938 (52 Stat. 781 et seq.), a provision to lease lands
within the National Parks extension to Native Hawaiians and to
permit fishing in the area `only by native Hawaiian residents of
said area or of adjacent villages and by visitors under their
guidance.'.
``(10) Under the Act entitled `An Act to provide for the
admission of the State of Hawai`i into the Union' approved March
18, 1959 (73 Stat. 4), the United States transferred responsibility
for the administration of the Hawaiian Home Lands to the State of
Hawai`i but reaffirmed the trust relationship which existed between
the United States and the Hawaiian people by retaining the
exclusive power to enforce the trust, including the power to
approve land exchanges and legislative amendments affecting the
rights of beneficiaries under such Act.
``(11) In 1959, under the Act entitled `An Act to provide for
the admission of the State of Hawai`i into the Union', approved
March 18, 1959 (73 Stat. 4), the United States ceded to the State
of Hawai`i title to the public lands formerly held by the United
States, but mandated that such lands be held by the State `in
public trust' and reaffirmed the special relationship which existed
between the United States and the Hawaiian people by retaining the
legal responsibility to enforce the public trust responsibility of
the State of Hawai`i for the betterment of the conditions of Native
Hawaiians, as defined in section 201(a) of the Hawaiian Homes
Commission Act, 1920.
``(12) The United States assumed special responsibilities for
Native Hawaiian lands and resources at the time of the annexation
of the Territory in 1898, upon adoption of the Hawaiian Homes
Commission Act, 1920, and upon admission of the State of Hawai`i
into the Union in 1959, and has retained certain of those
responsibilities.
``(13) In recognition of the special relationship which exists
between the United States and the Native Hawaiian people, the
Congress has extended to Native Hawaiians the same rights and
privileges accorded to American Indian, Alaska Native, Eskimo, and
Aleut communities under the Native American Programs Act of 1974,
the American Indian Religious Freedom Act, the National Museum of
the American Indian Act, the Native American Graves Protection and
Repatriation Act, the National Historic Preservation Act, and the
Native American Languages Act.
``(14) In recognition of the special relationship which exists
between the United States and the Native Hawaiian people, the
Congress has enacted numerous special provisions of law for the
benefit of Native Hawaiians in the areas of health, education,
labor, and housing.
``(15) In 1981, the Senate instructed the Office of Education
to submit to the Congress a comprehensive report on Native Hawaiian
education. The report, entitled the `Native Hawaiian Educational
Assessment Project', was released in 1983 and documented that
Native Hawaiians scored below parity with national norms on
standardized achievement tests, were disproportionately represented
in many negative social and physical statistics, indicative of
special educational needs, and had educational needs which were
related to their unique cultural situation, such as different
learning styles and low self-image.
``(16) In recognition of the educational needs of Native
Hawaiians, in 1988, the Congress enacted title IV of the Augustus
F. Hawkins-Robert T. Stafford Elementary and Secondary School
Improvement Amendments of 1988 to authorize and develop
supplemental educational programs to benefit Native Hawaiians.
``(17) In 1993, the Kamehameha Schools Bishop Estate released a
ten-year update of the Native Hawaiian Educational Assessment
Project, which found that despite the successes of the programs
established under title IV of the Augustus F. Hawkins-Robert T.
Stafford Elementary and Secondary School Improvement Amendments of
1988, many of the same educational needs still exist for Native
Hawaiians. For example--
``(A) educational risk factors continue to start even
before birth for many Native Hawaiian children, including--
``(i) late or no prenatal care;
``(ii) half of Native Hawaiian women who give birth are
unmarried; and
``(iii) high rates of births to teenage parents;
``(B) Native Hawaiian students continue to begin their
school experience lagging behind other students in terms of
readiness factors such as vocabulary test scores;
``(C) Native Hawaiian students continue to score below
national norms on standardized education achievement tests at
all grade levels;
``(D) both public and private schools continue to show a
pattern of lower percentages of Native Hawaiian students in the
uppermost achievement levels and in gifted and talented
programs;
``(E) Native Hawaiian students continue to be
overrepresented among students qualifying for special education
programs provided to students with learning disabilities, mild
mental retardation, emotional impairment, and other such
disabilities;
``(F) Native Hawaiians continue to be underrepresented in
institutions of higher education and among adults who have
completed four or more years of college;
``(G) Native Hawaiians continue to be disproportionately
represented in many negative social and physical statistics,
indicative of special educational needs, for example--
``(i) Native Hawaiian students are more likely to be
retained in grade level and to be excessively absent in
secondary school;
``(ii) Native Hawaiian students are the highest users
of drugs and alcohol in the State of Hawai`i; and
``(iii) Native Hawaiian children continue to be
disproportionately victimized by child abuse and neglect;
and
``(H) Native Hawaiians now comprise over 23 percent of the
students served by the State of Hawai`i Department of Education
and there are and will continue to be geographically rural,
isolated areas with a high Native Hawaiian population density.
``(18) The findings described in paragraphs (1) through (17)
are contrary to the high rate of literacy and integration of
traditional culture and Western education achieved by Native
Hawaiians through a Hawaiian language-based public school system
established in 1840 by Kamehameha III.
``(19) After the overthrow of the Kingdom of Hawai`i in 1893,
Hawaiian medium schools were banned. After annexation, throughout
the territorial and statehood period, and until 1986, use of
Hawaiian as a medium of education in public schools was declared
unlawful, thereby causing incalculable harm to a culture that
placed a very high value on the power of language, as exemplified
in the traditional saying: `I ka `olelo no ke ola; I ka `olelo no
ka make. In the language rests life; In the language rests death.'.
``(20) Despite the consequences of over 100 years of
nonindigenous influence, the Native Hawaiian people are determined
to preserve, develop, and transmit to future generations their
ancestral territory, and their cultural identity in accordance with
their own spiritual and traditional beliefs, customs, practices,
language, and social institutions.
``(21) The State of Hawai`i, in the constitution and statutes
of the State of Hawai`i--
``(A) reaffirms and protects the unique right of the Native
Hawaiian people to practice and perpetuate their culture and
religious customs, beliefs, practices, and language; and
``(B) recognizes the traditional language of the Native
Hawaiian people as an official language of the State of
Hawai`i, which may be used as the language of instruction for
all subjects and grades in the public school system.
``SEC. 9203. PURPOSE.
``It is the purpose of this part to--
``(1) authorize and develop supplemental educational programs
to assist Native Hawaiians in reaching the National Education
Goals;
``(2) provide direction and guidance to appropriate Federal,
State, and local agencies to focus resources, including resources
made available under this part, on Native Hawaiian education,
through the establishment of a Native Hawaiian Education Council,
and five island councils;
``(3) supplement and expand existing programs and authorities
in the area of education to further the purposes of the title; and
``(4) encourage the maximum participation of Native Hawaiians
in planning and management of Native Hawaiian Education Programs.
``SEC. 9204. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND COUNCILS.
``(a) Establishment of Native Hawaiian Education Council.--In order
to better effectuate the purposes of this part through the coordination
of educational and related services and programs available to Native
Hawaiians, including those programs receiving funding under this part,
the Secretary is authorized to establish a Native Hawaiian Education
Council (hereafter in this part referred to as the `Education
Council').
``(b) Composition of Education Council.--The Education Council
shall consist of not more than 25 members, including a representative
of--
``(1) each recipient of funds from the Secretary under this
part;
``(2) the State of Hawai`i Department of Education;
``(3) the State of Hawai`i Office of Hawaiian Affairs;
``(4) Native Hawaiian educational organizations, such as Alu
Like, Inc., Kamehameha Schools Bishop Estate, Hawaiian Language
Immersion Advisory Council, Aha Punana Leo, and the Queen
Lili`uokalani Trust and Children's Center; and
``(5) each Native Hawaiian education island council established
under subsection (f).
``(c) Conditions and Terms.--At least three-fourths of the members
of the Education Council shall be Native Hawaiians. Members of the
Education Council shall be appointed for three-year terms.
``(d) Administrative Grant for the Education Council.--The
Secretary shall make a direct grant to the Education Council in order
to enable the Education Council to--
``(1) coordinate the educational and related services and
programs available to Native Hawaiians, including the programs
assisted under this part, and assess the extent to which such
services and programs meet the needs of Native Hawaiians; and
``(2) provide direction and guidance, through the issuance of
reports and recommendations, to appropriate Federal, State, and
local agencies in order to focus and improve the use of resources,
including resources made available under this part, on Native
Hawaiian education.
``(e) Additional Duties of the Education Council.--
``(1) In general.--The Education Council shall provide copies
of any reports and recommendations issued by the Education Council
to the Secretary, the Committee on Indian Affairs of the Senate,
and the Committee on Education and Labor of the House of
Representatives, including any information that the Education
Council provides to the Secretary pursuant to subsection (i).
``(2) Annual report.--The Education Council shall present to
the Secretary an annual report on the Education Council's
activities.
``(3) Island council support and assistance.--The Education
Council shall provide such administrative support and financial
assistance to the island councils established pursuant to
subsection (f) as the Secretary deems appropriate.
``(f) Establishment of Island Councils.--
``(1) In general.--In order to better effectuate the purposes
of this part and to ensure the adequate representation of island
and community interests within the Education Council, the Office of
Hawaiian Affairs of the State of Hawai`i is authorized to
facilitate the establishment of Native Hawaiian education island
councils (hereafter in this part referred to as `island councils')
for the following islands:
``(A) Hawai`i.
``(B) Maui and Lana`i.
``(C) Moloka`i.
``(D) Kaua`i and Ni`ihau.
``(E) O`ahu.
``(2) Composition of island councils.--Each island council
shall consist of parents, students, and other community members who
have an interest in the education of Native Hawaiians, and shall be
representative of the educational needs of all age groups, from
preschool through adulthood. At least three-fourths of the members
of each island council shall be Native Hawaiians
``(g) Administrative Provisions Relating to Education Council and
Island Councils.--The Education Council and each island council shall
meet at the call of the chairperson of the respective council, or upon
the request of the majority of the members of the respective council,
but in any event not less than four times during each calendar year.
The provisions of the Federal Advisory Committee Act shall not apply to
the Education Council and each island council.
``(h) Compensation.--Members of the Education Council and each
island council shall not receive any compensation for services on the
Education Council and each island council, respectively.
``(i) Report.--Not later than four years after the date of the
enactment of the Improving America's Schools Act of 1994, the Secretary
shall prepare and submit to the Committee on Indian Affairs of the
Senate, and the Committee on Education and Labor of the House of
Representatives, a report which summarizes the annual reports of the
Education Council, describes the allocation and utilization of funds
under this part, and contains recommendations for changes in Federal,
State, and local policy to advance the purposes of this part.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated $500,000 for fiscal year 1995, and such sums as may be
necessary for each of the 4 succeeding fiscal years, to carry out this
section. Funds appropriated under the authority of this subsection
shall remain available until expended.
``SEC. 9205. NATIVE HAWAIIAN FAMILY-BASED EDUCATION CENTERS.
``(a) General Authority.--The Secretary is authorized to make
direct grants, to Native Hawaiian educational organizations or
educational entities with experience in developing or operating Native
Hawaiian programs or programs of instruction conducted in the Native
Hawaiian language, to expand the operation of Family-Based Education
Centers throughout the Hawaiian Islands. The programs of such centers
may be conducted in the Hawaiian language, the English language, or a
combination thereof, and shall include--
``(1) parent-infant programs for prenatal through three-year-
olds;
``(2) preschool programs for four- and five-year-olds;
``(3) continued research and development; and
``(4) a long-term followup and assessment program, which may
include educational support services for Native Hawaiian language
immersion programs or transition to English speaking programs.
``(b) Administrative Costs.--Not more than 7 percent of the funds
appropriated to carry out the provisions of this section for any fiscal
year may be used for administrative purposes.
``(c) Authorization of Appropriations.--In addition to any other
amount authorized to be appropriated for the centers described in
subsection (a), there are authorized to be appropriated $6,000,000 for
fiscal year 1995, and such sums as may be necessary for each of the
four succeeding fiscal years, to carry out this section. Funds
appropriated under the authority of this subsection shall remain
available until expended.
``SEC. 9206. NATIVE HAWAIIAN HIGHER EDUCATION PROGRAM.
``(a) General Authority.--
``(1) In general.--The Secretary is authorized to make direct
grants, to Native Hawaiian educational organizations or educational
entities with experience in developing or operating Native Hawaiian
programs or programs of instruction conducted in the Native
Hawaiian language, to enable such organizations or entities to
provide a program of baccalaureate and post-baccalaureate
fellowship assistance to Native Hawaiian students.
``(2) Activities.--Such program may include--
``(A) full or partial fellowship support for Native
Hawaiian students enrolled at two- or four-year degree granting
institutions of higher education with awards to be based on
academic potential and financial need; and
``(B) full or partial fellowship support for Native
Hawaiian students enrolled at post-baccalaureate degree
granting institutions of higher education with priority given
to providing fellowship support for professions in which Native
Hawaiians are underrepresented and with fellowship awards to be
based on academic potential and financial need;
``(C) counseling and support services for students
receiving fellowship assistance under paragraph (1);
``(D) college preparation and guidance counseling at the
secondary school level for students who may be eligible for
fellowship support pursuant to subsection (a)(2)(A);
``(E) appropriate research and evaluation of the activities
authorized by this section; and
``(F) implementation of faculty development programs for
the improvement and matriculation of Native Hawaiian students.
``(b) Special Conditions Required.--For the purpose of fellowships
awarded under subsection (a), fellowship conditions shall be
established whereby fellowship recipients obtain an enforceable
contract obligation to provide their professional services, either
during the fellowship period or upon completion of a baccalaureate or
post-baccalaureate degree program, to the Native Hawaiian community.
``(c) Special Rule.--No policy shall be made in implementing this
section to prevent a Native Hawaiian student enrolled at an accredited
two- or four-year degree granting institution of higher education
outside of the State of Hawai`i from receiving a fellowship pursuant to
subsections (a) and (b) of this section.
``(d) Administrative Costs.--Not more than 7 percent of the funds
appropriated to carry out the provisions of this section for any fiscal
year may be used for administrative purposes.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years, to carry out
this section. Funds appropriated under the authority of this subsection
shall remain available until expended.
``SEC. 9207. NATIVE HAWAIIAN GIFTED AND TALENTED PROGRAM.
``(a) General Authority.--The Secretary is authorized to make a
grant, to a Native Hawaiian educational organization or an educational
entity with experience in developing or operating Native Hawaiian
programs or programs of instruction conducted in the Native Hawaiian
language, for a gifted and talented program designed to--
``(1) address the special needs of Native Hawaiian elementary
and secondary school students who are gifted and talented students;
and
``(2) provide those support services to the families of such
students that are needed to enable such students to benefit from
the program.
``(b) Uses of Funds.--The program funded under this section may
include--
``(1) the identification of the special needs of Native
Hawaiian gifted and talented students, particularly with respect
to--
``(A) the emotional and psychosocial needs of such
students; and
``(B) the provision of those support services to the
families of such students that are needed to enable such
students to benefit from the program;
``(2) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise of resulting
in substantial progress toward meeting the educational needs of
such students, including demonstrating and exploring the use of the
Native Hawaiian language and exposure to Native Hawaiian cultural
traditions;
``(3) leadership programs designed to--
``(A) replicate programs throughout the State of Hawai`i
for gifted and talented students who are not served under this
section; and
``(B) coordinate with other Native American gifted and
talented leadership programs, including the dissemination of
information derived from the program conducted under this
section; and
``(4) appropriate research, evaluation, and related activities
pertaining to--
``(A) the needs of such students; and
``(B) the provision of those support services to the
families of such students that are needed to enable such
students to benefit from the program.
``(c) Information Provision.--The Secretary is authorized to
facilitate the establishment of a national network of Native Hawaiian
and American Indian Gifted and Talented Centers, and ensure that the
information developed by these centers shall be readily available to
the educational community at large.
``(d) Administrative Costs.--Not more than 7 percent of the funds
appropriated to carry out the provisions of this section for any fiscal
year may be used for administrative purposes.
``(e) Authorization of Appropriations.--In addition to any other
amount authorized to be appropriated for the program described in this
section, there are authorized to be appropriated $1,500,000 for fiscal
year 1995, and such sums as may be necessary for each of the 4
succeeding fiscal years, to carry out this section. Funds appropriated
under the authority of this subsection shall remain available until
expended.
``SEC. 9208. NATIVE HAWAIIAN SPECIAL EDUCATION PROGRAM.
``(a) General Authority.--The Secretary is authorized to make
grants to, or enter into contracts with, Native Hawaiian educational
organizations or educational entities with experience in developing or
operating Native Hawaiian programs or programs of instruction conducted
in the Native Hawaiian language, to operate a program to address the
special education needs of Native Hawaiian students. Such program may
include--
``(1) the identification of Native Hawaiian students with
disabilities or who are otherwise in need of special educational
services;
``(2) the identification of the special education needs of such
students, particularly with respect to--
``(A) the emotional and psychosocial needs of such
students; and
``(B) the provision of those support services to the
families of such students that are needed to enable such
students to benefit from the program;
``(3) the conduct of educational activities consistent with
part B of the Education of Individuals with Disabilities Education
Act which hold reasonable promise of resulting in substantial
progress toward meeting the educational needs of such students;
``(4) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise of resulting
in substantial progress toward meeting the educational needs of
such students, including demonstrating and exploring the use of the
Native Hawaiian language and exposure to Native Hawaiian cultural
traditions; and
``(5) appropriate research, evaluation, and related activities
pertaining to--
``(A) the needs of such students;
``(B) the provision of those support services to the
families of such students that are needed to enable such
student to benefit from the program; and
``(C) the outcomes and benefits of activities assisted
under this section upon such students.
``(b) Administrative Costs.--Not more than 7 percent of the funds
appropriated to carry out the provisions of this section for any fiscal
year may be used for administrative purposes.
``(c) Authorization of Appropriations.--In addition to any other
amount authorized to be appropriated for the program described in this
section, there are authorized to be appropriated $2,000,000 for fiscal
year 1995, and such sums as may be necessary for each of the four
succeeding fiscal years, to carry out this section. Funds appropriated
under the authority of this subsection shall remain available until
expended.
``SEC. 9209. NATIVE HAWAIIAN CURRICULUM DEVELOPMENT, TEACHER TRAINING
AND RECRUITMENT PROGRAM.
``(a) General Authority.--The Secretary is authorized to make
direct grants, to Native Hawaiian educational organizations or
educational entities with experience in developing or operating Native
Hawaiian programs or programs of instruction conducted in the Native
Hawaiian language, for the following purposes:
``(1) Curricula.--The development of curricula to address the
needs of Native Hawaiian students, particularly elementary and
secondary school students, which may include programs of
instruction conducted in the Native Hawaiian language, and
mathematics and science curricula incorporating the relevant
application of Native Hawaiian culture and traditions.
``(2) Preteacher training.--The development and implementation
of preteacher training programs in order to ensure that student
teachers within the State of Hawai`i, particularly student teachers
who are likely to be employed in schools with a high concentration
of Native Hawaiian students, are prepared to better address the
unique needs of Native Hawaiian students, within the context of
Native Hawaiian culture, language and traditions.
``(3) Inservice teacher training.--The development and
implementation of inservice teacher training programs, in order to
ensure that teachers, particularly teachers employed in schools
with a high concentration of Native Hawaiian students, are prepared
to better address the unique needs of Native Hawaiian students,
within the context of Native Hawaiian culture, language and
traditions.
``(4) Teacher recruitment.--The development and implementation
of teacher recruitment programs to meet the objectives of--
``(A) enhancing teacher recruitment within communities with
a high concentration of Native Hawaiian students; and
``(B) increasing the numbers of teachers who are of Native
Hawaiian ancestry.
``(b) Priority.--In awarding grants under this section, the
Secretary shall give priority to awarding grants for activities
described in subsection (a) that--
``(1) focus on the needs of at-risk youth; or
``(2) employ a program of instruction conducted in the Native
Hawaiian language, except that entities receiving grants awarded
pursuant to subsection (a)(2) shall coordinate in the development
of new curricula.
``(c) Administrative Costs.--Not more than 7 percent of the funds
appropriated to carry out the provisions of this section for any fiscal
year may be used for administrative purposes.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $2,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years, to carry out
this section. Funds appropriated under the authority of this subsection
shall remain available until expended.
``SEC. 9210. NATIVE HAWAIIAN COMMUNITY-BASED EDUCATION LEARNING
CENTERS.
``(a) General Authority.--The Secretary is authorized to make
direct grants, to collaborative efforts between community-based Native
Hawaiian organizations and community colleges, to develop, establish,
and operate a minimum of three community-based education learning
centers.
``(b) Purpose.--The learning centers described in subsection (a)
shall meet the needs of families and communities through
interdepartmental and interagency coordination of new and existing
public and private programs and services, which may include--
``(1) preschool programs;
``(2) after-school programs; and
``(3) vocational and adult education programs.
``(c) Administrative Costs.--Not more than 7 percent of the funds
appropriated to carry out the provisions of this section for any fiscal
year may be used for administrative purposes.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years, to carry out
this section. Funds appropriated under the authority of this subsection
shall remain available until expended.
``SEC. 9211. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under this part,
nor any contract be entered into under this part, unless an application
is submitted to the Secretary in such form, in such manner, and
containing such information as the Secretary may determine necessary to
carry out the provisions of this title.
``(b) Special Rule.--Each application submitted under this title
shall be accompanied by the comments of each local educational agency
serving students who will participate in the project for which
assistance is sought.
``SEC. 9212. DEFINITIONS.
``For the purposes of this part--
``(1) The term `Native Hawaiian' means any individual who is--
``(A) a citizen of the United States; and
``(B) a descendant of the aboriginal people, who prior to
1778, occupied and exercised sovereignty in the area that now
comprises the State of Hawai`i, as evidenced by--
``(i) genealogical records;
``(ii) Kupuna (elders) or Kama`aina (long-term
community residents) verification; or
``(iii) certified birth records.
``(2) The term `Native Hawaiian educational organization' means
a private nonprofit organization that--
``(A) serves the interests of Native Hawaiians;
``(B) has Native Hawaiians in substantive and policymaking
positions within the organization;
``(C) has a demonstrated expertise in the education of
Native Hawaiian youth; and
``(D) has demonstrated expertise in research and program
development.
``(3) The term `Native Hawaiian Organization' means a private
nonprofit organization that--
``(A) serves the interests of Native Hawaiians;
``(B) has Native Hawaiians in substantive and policymaking
positions within the organizations; and
``(C) is recognized by the Governor of Hawai`i for the
purpose of planning, conducting, or administering programs (or
portions of programs) for the benefit of Native Hawaiians.
``(4) The term `Native Hawaiian language' means the single
Native American language indigenous to the original inhabitants of
the State of Hawai`i.
``(5) The term `Office of Hawaiian Affairs' means the Office of
Hawaiian Affairs established by the Constitution of the State of
Hawai`i.
``(6) The term `Native Hawaiian community-based organization'
means any organization which is composed primarily of Native
Hawaiians from a specific community and which assists in the
social, cultural and educational development of Native Hawaiians in
that community.
``PART C--ALASKA NATIVE EDUCATION
``SEC. 9301. SHORT TITLE.
``This part may be cited as the `Alaska Native Educational Equity,
Support and Assistance Act'.
``SEC. 9302. FINDINGS.
``The Congress finds and declares:
``(1) The attainment of educational success is critical to the
betterment of the conditions, long-term well-being and preservation
of the culture of Alaska Natives.
``(2) It is the policy of the Federal Government to encourage
the maximum participation by Alaska Natives in the planning and the
management of Alaska Native education programs.
``(3) Alaska Native children enter and exit school with serious
educational handicaps.
``(4) The educational achievement of Alaska Native children is
far below national norms. In addition to low Native performance on
standardized tests, Native student dropout rates are high, and
Natives are significantly underrepresented among holders of
baccalaureate degrees in the State of Alaska. As a result, Native
students are being denied their opportunity to become full
participants in society by grade school and high school educations
that are condemning an entire generation to an underclass status
and a life of limited choices.
``(5) The programs authorized herein, combined with expanded
Head Start, infant learning and early childhood education programs,
and parent education programs are essential if educational
handicaps are to be overcome.
``(6) The sheer magnitude of the geographic barriers to be
overcome in delivering educational services in rural and village
Alaska should be addressed through the development and
implementation of innovative, model programs in a variety of areas.
``(7) Congress finds that Native children should be afforded
the opportunity to begin their formal education on a par with their
non-Native peers. The Federal Government should lend support to
efforts developed by and undertaken within the Alaska Native
community to improve educational opportunity for all students.
``SEC. 9303. PURPOSE.
``It is the purpose of this part to--
``(1) recognize the unique educational needs of Alaska Natives;
``(2) authorize the development of supplemental educational
programs to benefit Alaska Natives;
``(3) supplement existing programs and authorities in the area
of education to further the purposes of this part; and
``(4) provide direction and guidance to appropriate Federal,
State and local agencies to focus resources, including resources
made available under this part, on meeting the educational needs of
Alaska Natives.
``SEC. 9304. ALASKA NATIVE EDUCATIONAL PLANNING, CURRICULUM
DEVELOPMENT, TEACHER TRAINING AND RECRUITMENT PROGRAM.
``(a) General Authority.--The Secretary shall make direct grants to
Alaska Native organizations or educational entities with experience in
developing or operating Alaska Native programs or programs of
instruction conducted in Alaska Native languages, or to partnerships
involving Alaska Native organizations, for the following purposes:
``(1) Educational planning.--The consolidation of existing
educational plans, recommendations and research into implementation
methods and strategies to improve schooling for Alaska Natives.
``(2) Implementation of educational plans.--The adoption and
implementation of specific educational plans developed under
subsection (1) above.
``(3) Curricula.--The development of curricula to address the
needs of Alaska Native students, particularly elementary and
secondary school students, which may include innovative programs
and pilot and demonstration programs to develop and introduce
curriculum materials that reflect cultural diversities or the
contributions of Alaska Native people, programs of instruction
conducted in Native languages, and the development of networks to
introduce successful techniques, programs and curriculum materials
to rural and urban schools, including:
``(A) multimedia social studies curricula which fully and
accurately portray the role of Native Americans historically
and contemporarily; and
``(B) curricula and teaching materials for instructions in
Native languages.
``(4) Preteacher training.--The development and implementation
of preteacher training programs in order to ensure that student
teachers within the State of Alaska, particularly student teachers
who are likely to be employed in schools with a high concentration
of Alaska Native students, are prepared to better address the
cultural diversity and unique needs of Alaska Native students;
``(5) Teacher recruitment.--The development and implementation
of teacher recruitment programs to meet the objectives of--
``(A) increasing the numbers of teachers who are Alaska
Natives;
``(B) enhancing teacher recruitment within communities with
a high concentration of Alaska Native students; and
``(C) improving the teacher selection processes in order to
recruit teachers who are more positively responsive to rural
conditions and who are suited for effective cross-cultural
instruction.
``(6) Inservice teacher training.--The development and
implementation of inservice teacher training programs in order to
ensure that teachers are prepared to better address the unique
needs of Alaska Native students.
``(b) Administrative Costs.--Not more than 10 percent of the funds
appropriated to carry out the provisions of this section for any fiscal
year may be used for administrative purposes.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated $5,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years, to carry out
this section. Funds appropriated under the authority of this subsection
shall remain available until expended.
``SEC. 9305. ALASKA NATIVE HOME BASED EDUCATION FOR PRESCHOOL CHILDREN.
``(a) General Authority.--The Secretary shall make direct grants to
Alaska Native organizations or educational entities with experience in
developing or operating Alaska Native programs, or to partnerships
involving Alaska Native organizations, to implement home instruction
programs for Alaska Native preschool youngsters. The objective of such
programs shall be to develop parents as educators for their children
and to assure the active involvement of parents in the education of
their children from the earliest ages.
``(b) Program Elements.--Home based education programs for Alaska
Native children shall include--
``(1) parent-infant programs for prenatal through three-year
olds;
``(2) preschool programs for four- and five-year olds;
``(3) training, education and support programs to teach parents
skills in observation, reading readiness, story telling and
critical thinking;
``(4) continued research and development; and
``(5) a long-term followup and assessment program.
``(c) Eligibility of HIPPY Programs.--Programs based on the HIPPY
(Home Instruction Program for Preschool Youngsters) model shall be
eligible for funding under this section.
``(d) Administrative Costs.--Not more than 10 percent of the funds
appropriated to carry out the provisions of this section for any fiscal
year may be used for administrative purposes.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated $2,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years, to carry out
this section. Funds appropriated under the authority of this subsection
shall remain available until expended.
``SEC. 9306. ALASKA NATIVE STUDENT ENRICHMENT PROGRAMS.
``(a) General Authority.--The Secretary shall make a grant or
grants to Alaska Native educational organizations or educational
entities with experience in developing or operating Alaska Native
programs, or to partnerships including Alaska Native organizations, for
enrichment programs for Alaska Native students in the areas of science
and mathematics education. The programs shall be designed to--
``(1) prepare qualified students from rural areas who are
preparing to enter village high schools to excel in science and
mathematics; and
``(2) provide those support services to the families of such
students that are needed to enable such students to benefit from
the program.
``(b) Uses of Funds.--The program funded under this section may
include--
``(1) the identification of the students eligible to
participate in the program;
``(2) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise of resulting
in substantial enrichment of the educational performance of the
participating students;
``(3) leadership programs designed to provide for the
replication of the program in other subject matter areas and the
dissemination of information derived from the program; and
``(4) appropriate research, evaluation and related activities
pertaining to the benefits of such enrichment programs.
``(c) Administrative Costs.--Not more than 10 percent of the funds
appropriated to carry out the provisions of this section for any fiscal
year may be used for administrative purposes.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated $1,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years, to carry out
this section. Funds appropriated under the authority of this subsection
shall remain available until expended.
``SEC. 9307. ADMINISTRATIVE PROVISIONS.
``(a) Application Required.--No grant may be made under this part,
nor any contract be entered into under this part, unless an application
is submitted to the Secretary in such form, in such manner, and
containing such information as the Secretary may determine necessary to
carry out the provisions of this part.
``(b) Applications by Local School Districts or State Educational
Entities.--Local school districts or State educational entities shall
apply for funding under this part in partnership with Alaska Native
organizations.
``(c) Consultation Required.--Each applicant for funding shall
provide for ongoing advice from and consultation with representatives
of the Alaska Native community.
``(d) Local Educational Agency Coordination.--Each local
educational agency serving students who will participate in the program
for which assistance is sought shall be informed regarding each
application submitted under this part, except that approval by or
concurrence from such local educational agency shall not be required.
``(e) Implementation of Authorities.--The Secretary shall
expeditiously obligate funds appropriated as provided in this part.
``SEC. 9308. DEFINITIONS.
``For purposes of this part--
``(1) the term `Alaska Native' has the same meaning as the term
`Native' has in section 3(b) of the Alaska Native Claims Settlement
Act; and
``(2) the term `Alaska Native organization' means a federally
recognized tribe, consortium of tribes, regional nonprofit Native
association, and other Alaska Native organizations that--
``(A) has or commits to acquire expertise in the education
of Alaska Natives; and
``(B) has Alaska Natives in substantive and policy-making
positions within the organization.
``TITLE X--PROGRAMS OF NATIONAL SIGNIFICANCE
``PART A--FUND FOR THE IMPROVEMENT OF EDUCATION
``SEC. 10101. FUND FOR THE IMPROVEMENT OF EDUCATION.
``(a) Fund Authorized.--From funds appropriated under subsection
(d), the Secretary is authorized to support nationally significant
programs and projects to improve the quality of education, assist all
students to meet challenging State content standards and challenging
State student performance standards, and contribute to achievement of
the National Education Goals. The Secretary is authorized to carry out
such programs and projects directly or through grants to, or contracts
with, State and local educational agencies, institutions of higher
education, and other public and private agencies, organizations, and
institutions.
``(b) Uses of Funds.--
``(1) In general.--Funds under this section may be used for--
``(A) activities that will promote systemic education
reform at the State and local levels, such as--
``(i) research and development related to challenging
State content and challenging State student performance
standards and opportunity-to-learn standards or strategies
for student learning;
``(ii) the development and evaluation of model
strategies for--
``(I) assessment of student learning;
``(II) professional development for teachers and
administrators;
``(III) parent and community involvement; and
``(IV) other aspects of systemic reform;
``(iii) developing and evaluating strategies for
eliminating ability-grouping practices, and developing
policies and programs that place all students on a college-
preparatory path of study, particularly in academic fields
such as mathematics, science, English, and social studies,
including comprehensive inservice programs for teachers and
pupil services personnel and academic enrichment programs
that supplement regular courses for students;
``(iv) developing and evaluating programs that directly
involve parents and family members in the academic progress
of their children;
``(v) developing and evaluating strategies for
integrating instruction and assessment such that teachers
and administrators can focus on what students should know
and be able to do at particular grade levels, which
instruction shall promote the synthesis of knowledge,
encourage the development of problem-solving skills drawing
on a vast range of disciplines, and promote the development
of higher order thinking by all students; and
``(vi) developing and evaluating strategies for
supporting professional development for teachers across all
disciplines and for pupil services personnel, guidance
counselors, and administrators, including inservice
training that improves the skills of pupil services
personnel, counselors and administrators for working with
students from diverse populations;
``(B) demonstrations at the State and local levels that are
designed to yield nationally significant results, including
approaches to public school choice and school-based
decisionmaking;
``(C) joint activities with other agencies to assist the
effort to achieve the National Education Goals, including
activities related to improving the transition from preschool
to school and from school to work, as well as activities
related to the integration of education and health and social
services;
``(D) activities to promote and evaluate counseling and
mentoring for students, including intergenerational mentoring;
``(E) activities to promote and evaluate coordinated pupil
services programs;
``(F) activities to promote comprehensive health education;
``(G) activities to promote environmental education;
``(H) activities to promote consumer, economic, and
personal finance education, such as saving, investing, and
entrepreneurial education;
``(I) activities to promote programs to assist students to
demonstrate competence in foreign languages;
``(J) studies and evaluation of various education reform
strategies and innovations being pursued by the Federal
Government, States, and local educational agencies;
``(K) activities to promote metric education;
``(L) the identification and recognition of exemplary
schools and programs, such as Blue Ribbon Schools;
``(M) programs designed to promote gender equity in
education by evaluating and eliminating gender bias in
instruction and educational materials, identifying, and
analyzing gender inequities in educational practices, and
implementing and evaluating educational policies and practices
designed to achieve gender equity;
``(N) programs designed to reduce excessive student
mobility, retain students who move within a school district at
the same school, educate parents about the effect of mobility
on a child's education and encourage parents to participate in
school activities;
``(O) experiential-based learning, such as service-
learning;
``(P) the development and expansion of public-private
partnership programs which extend the learning experience, via
computers, beyond the classroom environment into student homes
through such programs as the Buddy System Computer Project;
``(Q) other programs and projects that meet the purposes of
this section;
``(R) activities to promote child abuse education and
prevention programs;
``(S) activities to raise standards and expectations for
academic achievement among all students, especially
disadvantaged students traditionally underserved in schools;
``(T) activities to provide the academic support,
enrichment and motivation to enable all students to reach such
standards;
``(U) demonstrations relating to the planning and
evaluations of the effectiveness of projects under which local
educational agencies or schools contract with private
management organizations to reform a school or schools;
``(V) demonstrations that are designed to test whether
prenatal and counseling provided to pregnant students may have
a positive effect on pregnancy outcomes, with such education
and counseling emphasizing the importance of prenatal care, the
value of sound diet and nutrition habits, and the harmful
effects of smoking, alcohol, and substance abuse on fetal
development;
``(W) programs under section 10102;
``(X) programs under section 10103;
``(Y) programs under section 10104; and
``(Z) programs under section 10105;
``(2) Additional uses.--The Secretary may also use funds under
this section to complete the project periods for direct grants or
contracts awarded under the provisions of this Act, the Fund for
the Improvement and Reform of Schools and Teaching Act, or title
III of the Education for Economic Security Act, as such Acts were
in effect on the day preceding the date of the enactment of the
Improving America's Schools Act of 1994.
``(3) Special rule.--The Secretary shall not make available
more than $1,000,000 to carry out paragraph (1)(R), nor more than
$1,000,000 to carry out paragraph (1)(V) during the period
beginning on October 1, 1994, through September 30, 1999.
``(c) Awards.--
``(1) In general.--The Secretary may--
``(A) make awards under this section on the basis of
competitions announced by the Secretary; and
``(B) support meritorious unsolicited proposals.
``(2) Special rule.--The Secretary shall ensure that programs,
projects, and activities supported under this section are designed
so that the effectiveness of such programs, projects, and
activities is readily ascertainable.
``(3) Peer review.--The Secretary shall use a peer review
process in reviewing applications for assistance under this section
and may use funds appropriated under subsection (d) for the cost of
such peer review.
``(d) Authorization.--For the purpose of carrying out this section,
there are authorized to be appropriated $50,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four succeeding
fiscal years.
``SEC. 10102. ELEMENTARY SCHOOL COUNSELING DEMONSTRATION.
``(a) Counseling Demonstration.--
``(1) In General.--The Secretary may award grants under this
section to establish or expand elementary school counseling
programs.
``(2) Priority.--In awarding grants under this section, the
Secretary shall give special consideration to applications
describing programs that--
``(A) demonstrate the greatest need for new or additional
counseling services among the children in the elementary
schools served by the applicant;
``(B) propose the most promising and innovative approaches
for initiating or expanding elementary school counseling; and
``(C) show the greatest potential for replication and
dissemination.
``(3) Equitable distribution.--In awarding grants under this
section, the Secretary shall ensure an equitable geographic
distribution among the regions of the United States and among
urban, suburban, and rural areas.
``(4) Duration.--A grant under this section shall be awarded
for a period not to exceed three years.
``(5) Maximum grant.--A grant under this section shall not
exceed $400,000 for any fiscal year.
``(b) Applications.--
``(1) In general.--Each local educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and accompanied by such
information as the Secretary may reasonably require.
``(2) Contents.--Each application for a grant under this
section shall--
``(A) describe the elementary school population to be
targeted by the program, the particular personal, social,
emotional, educational, and career development needs of such
population, and the current school counseling resources
available for meeting such needs;
``(B) describe the activities, services, and training to be
provided by the program and the specific approaches to be used
to meet the needs described in subparagraph (A);
``(C) describe the methods to be used to evaluate the
outcomes and effectiveness of the program;
``(D) describe the collaborative efforts to be undertaken
with institutions of higher education, businesses, labor
organizations, community groups, social service agencies, and
other public or private entities to enhance the program and
promote school-linked services integration;
``(E) describe collaborative efforts with institutions of
higher education which specifically seek to enhance or improve
graduate programs specializing in the preparation of elementary
school counselors, school psychologists, and school social
workers;
``(F) document that the applicant has the personnel
qualified to develop, implement, and administer the program;
``(G) describe how any diverse cultural populations, if
applicable, would be served through the program;
``(H) assure that the funds made available under this part
for any fiscal year will be used to supplement and, to the
extent practicable, increase the level of funds that would
otherwise be available from non-Federal sources for the program
described in the application, and in no case supplant such
funds from non-Federal sources; and
``(I) assure that the applicant will appoint an advisory
board composed of parents, school counselors, school
psychologists, school social workers, other pupil services
personnel, teachers, school administrators, and community
leaders to advise the local educational agency on the design
and implementation of the program.
``(c) Use of Funds.--
``(1) In general.--Grant funds under this section shall be used
to initiate or expand elementary school counseling programs that
comply with the requirements in paragraph (2).
``(2) Program requirements.--Each program assisted under this
section shall--
``(A) be comprehensive in addressing the personal, social,
emotional, and educational needs of all students;
``(B) use a developmental, preventive approach to
counseling;
``(C) increase the range, availability, quantity, and
quality of counseling services in the elementary schools of the
local educational agency;
``(D) expand counseling services only through qualified
school counselors, school psychologists, and school social
workers;
``(E) use innovative approaches to increase children's
understanding of peer and family relationships, work and self,
decisionmaking, academic and career planning, or to improve
social functioning;
``(F) provide counseling services that are well-balanced
among classroom group and small group counseling, individual
counseling, and consultation with parents, teachers,
administrators, and other pupil services personnel;
``(G) include inservice training for school counselors,
school social workers, school psychologists, other pupil
services personnel, teachers, and instructional staff;
``(H) involve parents of participating students in the
design, implementation, and evaluation of a counseling program;
``(I) involve collaborative efforts with institutions of
higher education, businesses, labor organizations, community
groups, social service agencies, or other public or private
entities to enhance the program and promote school-linked
services integration; and
``(J) evaluate annually the effectiveness and outcomes of
the counseling services and activities assisted under this
section.
``(3) Report.--The Secretary shall issue a report evaluating
the programs assisted pursuant to each grant under this subsection
at the end of each grant period in accordance with section 14701,
but in no case later than January 30, 1998.
``(4) Dissemination.--The Secretary shall make the programs
assisted under this section available for dissemination, either
through the National Diffusion Network or other appropriate means.
``(5) Limit on administration.--Not more than five percent of
the amounts made available under this section in any fiscal year
shall be used for administrative costs to carry out this section.
``(d) Definitions.--For purposes of this section--
``(1) the term `school counselor' means an individual who has
documented competence in counseling children and adolescents in a
school setting and who--
``(A) possesses State licensure or certification granted by
an independent professional regulatory authority;
``(B) in the absence of such State licensure or
certification, possesses national certification in school
counseling or a specialty of counseling granted by an
independent professional organization; or
``(C) holds a minimum of a master's degree in school
counseling from a program accredited by the Council for
Accreditation of Counseling and Related Educational Programs or
the equivalent;
``(2) the term `school psychologist' means an individual who--
``(A) possesses a minimum of 60 graduate semester hours in
school psychology from an institution of higher education and
has completed 1,200 clock hours in a supervised school
psychology internship, of which 600 hours shall be in the
school setting;
``(B) possesses State licensure or certification in the
State in which the individual works; or
``(C) in the absence of such State licensure or
certification, possesses national certification by the National
School Psychology Certification Board;
``(3) the term `school social worker' means an individual who
holds a master's degree in social work and is licensed or certified
by the State in which services are provided or holds a school
social work specialist credential; and
``(4) the term `supervisor' means an individual who has the
equivalent number of years of professional experience in such
individual's respective discipline as is required of teaching
experience for the supervisor or administrative credential in the
State of such individual.
``SEC. 10103. PARTNERSHIPS IN CHARACTER EDUCATION PILOT PROJECT.
``(a) Program Authorized.--
``(1) In general.--The Secretary is authorized to make up to a
total of ten grants annually to partnerships of State educational
agencies and local educational agencies for the design and
implementation of character education programs that incorporate the
elements of character listed in subsection (d), as well as other
character elements identified by applicants.
``(2) Maximum amount of grant.--No State educational agency
shall receive more than a total of $1,000,000 in grants under this
part.
``(3) Duration.--Each grant under this section shall be awarded
for a period not to exceed five years, of which the State
educational agency shall not use more than one year for planning
and program design.
``(b) State Educational Agency Applications.--
``(1) Requirement.--Each State educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time and in such manner as the Secretary may
require.
``(2) Partnerships.--Each State educational agency desiring a
grant under this section shall form a partnership with at least one
local educational agency to be eligible for funding. The
partnership shall pursue State and local initiatives to meet the
objectives of this section.
``(3) Application.--Each application under this section shall
include--
``(A) a list of the local educational agencies entering
into the partnership with the State educational agency;
``(B) a description of the goals of the partnership;
``(C) a description of activities that will be pursued by
the participating local educational agencies, including--
``(i) how parents, students, and other members of the
community, including members of private and nonprofit
organizations, will be involved in the design and
implementation of the program;
``(ii) curriculum and instructional practices;
``(iii) methods of teacher training and parent
education that will be used or developed; and
``(iv) examples of activities that will be carried out
under this part;
``(D) a description of how the State educational agency
will provide technical and professional assistance to its local
educational agency partners in the development and
implementation of character education programs;
``(E) a description of how the State educational agency
will evaluate the success of local programs and how local
educational agencies will evaluate the progress of their own
programs;
``(F) a description of how the State educational agency
will assist other interested local educational agencies that
are not members of the original partnership in designing and
establishing programs;
``(G) a description of how the State educational agency
will establish a clearinghouse for information on model
programs, materials, and other information the State and local
educational agencies determine to be appropriate;
``(H) an assurance that the State educational agency will
annually provide to the Secretary such information as may be
required to determine the effectiveness of the program; and
``(I) any other information that the Secretary may require.
``(4) Non-partner local educational agencies.--Any local
educational agency that was not a partner with the State when the
application was submitted may become a partner by submitting an
application for partnership to the State educational agency,
containing such information that the State educational agency may
require.
``(c) Evaluation and Program Development.--
``(1) Requirement.--Each State educational agency receiving a
grant under this section shall submit to the Secretary a
comprehensive evaluation of the program assisted under this part,
including the impact on students, teachers, administrators,
parents, and others--
``(A) by the mid-term of the program; and
``(B) not later than one year after completion of such
program.
``(2) Contracts for evaluation.--Each State educational agency
receiving a grant under this section may contract with outside
sources, including institutions of higher education, and private
and nonprofit organizations, for purposes of evaluating their
program and measuring the success of the program toward fostering
in students the elements of character listed in subsection (b).
``(3) Factors.--Factors which may be considered in evaluating
the success of the program may include--
``(A) discipline problems;
``(B) students' grades;
``(C) participation in extracurricular activities;
``(D) parental and community involvement;
``(E) faculty and administration involvement; and
``(F) student and staff morale.
``(4) Materials and program development.--Local educational
agencies, after consulting with the State educational agency, may
contract with outside sources, including institutions of higher
education, and private and nonprofit organizations, for assistance
in developing curriculum, materials, teacher training, and other
activities related to character education.
``(d) Elements of Character.--
``(1) In general.--Applicants desiring funding under this part
shall develop character education programs that incorporate the
following elements of character:
``(A) Caring.
``(B) Civic virtue and citizenship.
``(C) Justice and fairness.
``(D) Respect.
``(E) Responsibility.
``(F) Trustworthiness.
``(G) Any other elements deemed appropriate by the members
of the partnership.
``(2) Additional elements of character.--A local educational
agency participating under this section may, after consultation
with schools and communities of such agency, define additional
elements of character that the agency determines to be important to
the schools and communities of such agency.
``(e) Use of Funds.--Of the total funds received by a State
educational agency in any fiscal year under this section--
``(1) not more than 30 percent of such funds may be retained by
the State educational agency, of which--
``(A) not more than 10 percent of such funds may be used
for administrative purposes; and
``(B) the remainder of such funds may be used for--
``(i) collaborative initiatives with local educational
agencies;
``(ii) the establishment of the clearinghouse,
preparation of materials, teacher training; and
``(iii) other appropriate activities; and
``(2) the remaining of such funds shall be used to award
subgrants to local educational agencies, of which--
``(A) not more than 10 percent of such funds may be
retained for administrative purposes; and
``(B) the remainder of such funds may be used to--
``(i) award subgrants to schools within the local
educational agency; and
``(ii) pursue collaborative efforts with the State
educational agency.
``(f) Selection of Grantees.--
``(1) Criteria.--The Secretary shall select, through peer
review, partnerships to receive grants under this section on the
basis of the quality of the applications submitted under subsection
(b), taking into consideration such factors as--
``(A) the quality of the activities proposed by local
educational agencies;
``(B) the extent to which the program fosters in students
the elements of character;
``(C) the extent of parental, student, and community
involvement;
``(D) the number of local educational agencies involved in
the effort;
``(E) the quality of the plan for measuring and assessing
success; and
``(F) the likelihood that the goals of the program will be
realistically achieved.
``(2) Diversity of projects.--The Secretary shall approve
applications under this section in a manner that ensures, to the
extent practicable, that programs assisted under this section--
``(A) serve different areas of the Nation, including urban,
suburban, and rural areas; and
``(B) serve schools that serve minorities, Native
Americans, students of limited-English proficiency, and
disadvantaged students.
``SEC. 10104. PROMOTING SCHOLAR-ATHLETE COMPETITIONS.
``(a) In General.--The Secretary is authorized to award a grant to
a nonprofit organization to reimburse such organizations for the costs
of conducting scholar-athlete games to be held in 1995.
``(b) Priority.--In awarding the grant under subsection (a), the
Secretary shall give priority to a nonprofit organization that--
``(1) is described in section 501(c)(3) of, and exempt from
taxation under section 501(a) of, the Internal Revenue Code of
1986, and is affiliated with a university capable of hosting a
large educational, cultural, and athletic event that will serve as
a national model;
``(2) has the capability and experience in administering
federally funded scholar-athlete games;
``(3) has the ability to provide matching funds, on a dollar-
for-dollar basis, from foundations and the private sector for the
purpose of conducting a scholar-athlete program;
``(4) has the organizational structure and capability to
administer a model scholar-athlete program in the summer of 1995;
``(5) has the organizational structure and expertise to
replicate the scholar-athlete program in various venues throughout
the United States in 1996 and thereafter, as well as replicate such
program internationally; and
``(6) has plans for conducting scholar-athlete games after 1995
without Federal assistance.
``SEC. 10105. SMALLER LEARNING COMMUNITIES.
``(a) In General.--Each local educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require. Each such application shall describe--
``(1) strategies and methods the applicant will use to create
the smaller learning community or communities;
``(2) curriculum and instructional practices, including any
particular themes or emphases, to be used in the learning
environment;
``(3) the extent of involvement of teachers and other school
personnel in investigating, designing, implementing and sustaining
the smaller learning community or communities;
``(4) the process to be used for involving students, parents
and other stakeholders in the development and implementation of the
smaller learning community or communities;
``(5) any cooperation or collaboration among community
agencies, organizations, businesses, and others to develop or
implement a plan to create the smaller learning community or
communities;
``(6) the training and professional development activities that
will be offered to teachers and others involved in the activities
assisted under this part;
``(7) the goals and objectives of the activities assisted under
this part, including a description of how such activities will
better enable all students to reach challenging State content
standards and State student performance standards;
``(8) the methods by which the applicant will assess progress
in meeting such goals and objectives;
``(9) if the smaller learning community or communities exist as
a school-within-a-school, the relationship, including governance
and administration, of the smaller learning community to the rest
of the school;
``(10) a description of the administrative and managerial
relationship between the local educational agency and the smaller
learning community or communities, including how such agency will
demonstrate a commitment to the continuity of the smaller learning
community or communities, including the continuity of student and
teacher assignment to a particular learning community;
``(11) how the applicant will coordinate or use funds provided
under this part with other funds provided under this Act or other
Federal laws;
``(12) grade levels or ages of students who will participate in
the smaller learning community or communities; and
``(13) the method of placing students in the smaller learning
community or communities, such that students are not placed
according to ability, performance or any other measure, so that
students are placed at random or by their own choice, not pursuant
to testing or other judgments.
``(b) Authorized Activities.--Funds under this section may be
used--
``(1) to study the feasibility of creating the smaller learning
community or communities as well as effective and innovative
organizational and instructional strategies that will be used in
the smaller learning community or communities;
``(2) to research, develop and implement strategies for
creating the smaller learning community or communities, as well as
effective and innovative changes in curriculum and instruction,
geared to high State content standards and State student
performance standards;
``(3) to provide professional development for school staff in
innovative teaching methods that challenge and engage students to
be used in the smaller learning community or communities; and
``(4) to develop and implement strategies to include parents,
business representatives, local institutions of higher education,
community-based organizations, and other community members in the
smaller learning communities, as facilitators of activities that
enable teachers to participate in professional development
activities, as well as to provide links between students and their
community.
``SEC. 10106. NATIONAL STUDENT AND PARENT MOCK ELECTION.
``(a) In General.--The Secretary is authorized to award grants to
national nonprofit, nonpartisan organizations that work to promote
voter participation in American elections to enable such organizations
to carry out voter education activities for students and their parents.
Such activities shall--
``(1) be limited to simulated national elections that permit
participation by students and parents from all 50 States in the
United States; and
``(2) consist of--
``(A) school forums and local cable call-in shows on the
national issues to be voted upon in an `issue forum';
``(B) speeches and debates before students and parents by
local candidates or stand-ins for such candidates;
``(C) quiz team competitions, mock press conferences and
speechwriting competitions;
``(D) weekly meetings to follow the course of the campaign;
or
``(E) school and neighborhood campaigns to increase voter
turnout, including newsletters, posters, telephone chains, and
transportation.
``(b) Requirement.--Each organization receiving a grant under this
section shall present awards to outstanding student and parent mock
election projects.
``SEC. 10107. MODEL PROJECTS.
``(a) Program Authorized.--The Secretary is authorized to award
grants to cultural institutions to enable such institutions to develop
and expand model projects of outreach activities for at-risk children
in the communities served by such institutions, including activities
which integrate such institution's cultural programming with other
disciplines, including environmental, mathematics, and science
programs.
``(b) Priority.--In awarding grants under this section the
Secretary shall give priority to activities that are part of an overall
State, local, and private commitment, seek to improve learning for at-
risk youth, and are substantially funded by State, local, or private
funds.
``PART B--GIFTED AND TALENTED CHILDREN
``SEC. 10201. SHORT TITLE.
``This part may be cited as the `Jacob K. Javits Gifted and
Talented Students Education Act of 1994'.
``SEC. 10202. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds and declares that--
``(1) all students can learn to high standards and must develop
their talents and realize their potential if the United States is
to prosper;
``(2) gifted and talented students are a national resource
vital to the future of the Nation and its security and well-being;
``(3) too often schools fail to challenge students to do their
best work, and students who are not challenged will not learn to
challenging State content standards and challenging State student
performance standards, fully develop their talents, and realize
their potential;
``(4) unless the special abilities of gifted and talented
students are recognized and developed during such students'
elementary and secondary school years, much of such students'
special potential for contributing to the national interest is
likely to be lost;
``(5) gifted and talented students from economically
disadvantaged families and areas, and students of limited-English
proficiency are at greatest risk of being unrecognized and of not
being provided adequate or appropriate educational services;
``(6) State and local educational agencies and private
nonprofit schools often lack the necessary specialized resources to
plan and implement effective programs for the early identification
of gifted and talented students and for the provision of
educational services and programs appropriate to their special
needs;
``(7) the Federal Government can best carry out the limited but
essential role of stimulating research and development and
personnel training and providing a national focal point of
information and technical assistance that is necessary to ensure
that the Nation's schools are able to meet the special educational
needs of gifted and talented students, and thereby serve a profound
national interest; and
``(8) the experience and knowledge gained in developing and
implementing programs for gifted and talented students can and
should be used as a basis to--
``(A) develop a rich and challenging curriculum for all
students; and
``(B) provide all students with important and challenging
subject matter to study and encourage the habits of hard work.
``(b) Statement of Purpose.--It is the purpose of this part--
``(1) to provide financial assistance to State and local
educational agencies, institutions of higher education, and other
public and private agencies and organizations, to initiate a
coordinated program of research, demonstration projects, personnel
training, and similar activities designed to build a nationwide
capability in elementary and secondary schools to meet the special
educational needs of gifted and talented students;
``(2) to encourage the development of rich and challenging
curricula for all students through the appropriate application and
adaptation of materials and instructional methods developed under
this part; and
``(3) to supplement and make more effective the expenditure of
State and local funds, for the education of gifted and talented
students.
``SEC. 10203. CONSTRUCTION.
``Nothing in this part shall be construed to prohibit a recipient
of funds under this part from serving gifted and talented students
simultaneously with students with similar educational needs, in the
same educational settings where appropriate.
``SEC. 10204. AUTHORIZED PROGRAMS.
``(a) Establishment of Program.--
``(1) In general.--From the sums appropriated under section
10207 in any fiscal year the Secretary (after consultation with
experts in the field of the education of gifted and talented
students) shall make grants to or enter into contracts with State
educational agencies, local educational agencies, institutions of
higher education, or other public agencies and private agencies and
organizations (including Indian tribes and Indian organizations (as
such terms are defined by the Indian Self-Determination and
Education Assistance Act) and Native Hawaiian organizations) to
assist such agencies, institutions, and organizations which submit
applications in carrying out programs or projects authorized by
this part that are designed to meet the educational needs of gifted
and talented students, including the training of personnel in the
education of gifted and talented students and in the use, where
appropriate, of gifted and talented services, materials, and
methods for all students.
``(2) Application.--Each entity desiring assistance under this
part 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 describe how--
``(A) the proposed gifted and talented services, materials,
and methods can be adapted, if appropriate, for use by all
students; and
``(B) the proposed programs can be evaluated.
``(b) Uses of Funds.--Programs and projects assisted under this
section may include--
``(1) professional development (including fellowships) for
personnel (including leadership personnel) involved in the
education of gifted and talented students;
``(2) establishment and operation of model projects and
exemplary programs for serving gifted and talented students,
including innovative methods for identifying and educating students
who may not be served by traditional gifted and talented programs,
summer programs, mentoring programs, service learning programs, and
cooperative programs involving business, industry, and education;
``(3) training of personnel and parents involved in gifted and
talented programs with respect to the impact of gender role
socialization on the educational needs of gifted and talented
children and in gender equitable education methods, techniques and
practices;
``(4) implementing innovative strategies, such as cooperative
learning, peer tutoring and service learning;
``(5) strengthening the capability of State educational
agencies and institutions of higher education to provide leadership
and assistance to local educational agencies and nonprofit private
schools in the planning, operation, and improvement of programs for
the identification and education of gifted and talented students
and the appropriate use of gifted and talented programs and methods
to serve all students;
``(6) programs of technical assistance and information
dissemination, including how gifted and talented programs and
methods, where appropriate, may be adapted for use by all students;
and
``(7) carrying out--
``(A) research on methods and techniques for identifying
and teaching gifted and talented students, and for using gifted
and talented programs and methods to serve all students; and
``(B) program evaluations, surveys, and the collection,
analysis, and development of information needed to accomplish
the purposes of this part.
``(c) Establishment of National Center.--
``(1) In general.--The Secretary (after consultation with
experts in the field of the education of gifted and talented
students) shall establish a National Center for Research and
Development in the Education of Gifted and Talented Children and
Youth through grants to or contracts with one or more institutions
of higher education or State educational agency, or a combination
or consortium of such institutions and agencies, for the purpose of
carrying out activities described in paragraph (7) of subsection
(b).
``(2) Director.--Such National Center shall have a Director.
The Secretary may authorize the Director to carry out such
functions of the National Center as may be agreed upon through
arrangements with other institutions of higher education, State or
local educational agencies, or other public or private agencies and
organizations.
``(d) Limitation.--Not more than 30 percent of the funds available
in any fiscal year to carry out the programs and projects authorized by
this section may be used to conduct activities pursuant to subsection
(b)(7) or (c).
``(e) Coordination.--Research activities supported under this
section--
``(1) shall be carried out in consultation with the Office of
Educational Research and Improvement to ensure that such activities
are coordinated with and enhance the research and development
activities supported by such Office; and
``(2) may include collaborative research activities which are
jointly funded and carried out with such Office.
``SEC. 10205. PROGRAM PRIORITIES.
``(a) General Priority.--In the administration of this part the
Secretary shall give highest priority--
``(1) to the identification of and the provision of services to
gifted and talented students who may not be identified and served
through traditional assessment methods (including economically
disadvantaged individuals, individuals of limited-English
proficiency, and individuals with disabilities); and
``(2) to programs and projects designed to develop or improve
the capability of schools in an entire State or region of the
Nation through cooperative efforts and participation of State and
local educational agencies, institutions of higher education, and
other public and private agencies and organizations (including
business, industry, and labor), to plan, conduct, and improve
programs for the identification of and service to gifted and
talented students, such as mentoring and apprenticeship programs.
``(b) Service Priority.--In approving applications for assistance
under section 10204(a)(2), the Secretary shall assure that in each
fiscal year at least one-half of the applications approved under such
section address the priority described in subsection (a)(1).
``SEC. 10206. GENERAL PROVISIONS.
``(a) Participation of Private School Children and Teachers.--In
making grants and entering into contracts under this part, the
Secretary shall ensure, where appropriate, that provision is made for
the equitable participation of students and teachers in private
nonprofit elementary and secondary schools, including the participation
of teachers and other personnel in professional development programs
serving such children.
``(b) Review, Dissemination, and Evaluation.--The Secretary shall--
``(1) use a peer review process in reviewing applications under
this part;
``(2) ensure that information on the activities and results of
programs and projects funded under this part is disseminated to
appropriate State and local agencies and other appropriate
organizations, including nonprofit private organizations; and
``(3) evaluate the effectiveness of programs under this part in
accordance with section 14701, both in terms of the impact on
students traditionally served in separate gifted and talented
programs and on other students, and submit the results of such
evaluation to Congress not later than January 1, 1998.
``(c) Program Operations.--The Secretary shall ensure that the
programs under this part are administered within the Department by a
person who has recognized professional qualifications and experience in
the field of the education of gifted and talented students and who
shall--
``(1) administer the programs authorized by this part;
``(2) coordinate all programs for gifted and talented students
administered by the Department;
``(3) serve as a focal point of national leadership and
information on the educational needs of gifted and talented
students and the availability of educational services and programs
designed to meet such needs; and
``(4) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities which reflect the needs of gifted and talented students.
``SEC. 10207. 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 four
succeeding fiscal years to carry out the provisions of this part.
``PART C--PUBLIC CHARTER SCHOOLS
``SEC. 10301. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) enhancement of parent and student choices among public
schools can assist in promoting comprehensive educational reform
and give more students the opportunity to learn to challenging
State content standards and challenging State student performance
standards, if sufficiently diverse and high-quality choices, and
genuine opportunities to take advantage of such choices, are
available to all students;
``(2) useful examples of such choices can come from States and
communities that experiment with methods of offering teachers and
other educators, parents, and other members of the public the
opportunity to design and implement new public schools and to
transform existing public schools;
``(3) charter schools are a mechanism for testing a variety of
educational approaches and should, therefore, be exempted from
restrictive rules and regulations if the leadership of such schools
commits to attaining specific and ambitious educational results for
educationally disadvantaged students consistent with challenging
State content standards and challenging State student performance
standards for all students;
``(4) charter schools, as such schools have been implemented in
a few States, can embody the necessary mixture of enhanced choice,
exemption from restrictive regulations, and a focus on learning
gains;
``(5) charter schools, including charter schools that are
schools-within-schools, can help reduce school size, which
reduction can have a significant effect on student achievement;
``(6) the Federal Government should test, evaluate, and
disseminate information on a variety of charter school models in
order to help demonstrate the benefits of this promising
educational reform; and
``(7) there is a strong documented need for cash-flow
assistance to charter schools that are starting up, because State
and local operating revenue streams are not immediately available.
``(b) Purpose.--It is the purpose of this part to increase national
understanding of the charter schools model by--
``(1) providing financial assistance for the design and initial
implementation of charter schools; and
``(2) evaluating the effects of such schools, including the
effects on students, student achievement, staff, and parents.
``SEC. 10302. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary may award grants to State
educational agencies having applications approved pursuant to section
10303 to enable such agencies to conduct a charter school grant program
in accordance with this part.
``(b) Special Rule.--If a State educational agency elects not to
participate in the program authorized by this part or does not have an
application approved under section 10303, the Secretary may award a
grant to an eligible applicant that serves such State and has an
application approved pursuant to section 10303(c).
``(c) Program Periods.--
``(1) Grants to states.--Grants awarded to State educational
agencies under this part shall be awarded for a period of not more
than 3 years.
``(2) Grants to eligible applicants.--Grants awarded by the
Secretary to eligible applicants or subgrants awarded by State
educational agencies to eligible applicants under this part shall
be awarded for a period of not more than 3 years, of which the
eligible applicant may use--
``(A) not more than 18 months for planning and program
design; and
``(B) not more than 2 years for the initial implementation
of a charter school.
``(d) Limitation.--The Secretary shall not award more than one
grant and State educational agencies shall not award more than one
subgrant under this part to support a particular charter school.
``SEC. 10303. APPLICATIONS.
``(a) Applications From State Agencies.--Each State educational
agency desiring a grant from the Secretary under this part shall submit
to the Secretary an application at such time, in such manner, and
containing or accompanied by such information as the Secretary may
require.
``(b) Contents of a State Educational Agency Application.--Each
application submitted pursuant to subsection (a) shall--
``(1) describe the objectives of the State educational agency's
charter school grant program and a description of how such
objectives will be fulfilled, including steps taken by the State
educational agency to inform teachers, parents, and communities of
the State educational agency's charter school grant program;
``(2) contain assurances that the State educational agency will
require each eligible applicant desiring to receive a subgrant to
submit an application to the State educational agency containing--
``(A) a description of the educational program to be
implemented by the proposed charter school, including--
``(i) how the program will enable all students to meet
challenging State student performance standards;
``(ii) the grade levels or ages of children to be
served; and
``(iii) the curriculum and instructional practices to
be used;
``(B) a description of how the charter school will be
managed;
``(C) a description of--
``(i) the objectives of the charter school; and
``(ii) the methods by which the charter school will
determine its progress toward achieving those objectives;
``(D) a description of the administrative relationship
between the charter school and the authorized public chartering
agency;
``(E) a description of how parents and other members of the
community will be involved in the design and implementation of
the charter school;
``(F) a description of how the authorized public chartering
agency will provide for continued operation of the school once
the Federal grant has expired, if such agency determines that
the school has met the objectives described in subparagraph
(C)(i);
``(G) a request and justification for waivers of any
Federal statutory or regulatory provisions that the applicant
believes are necessary for the successful operation of the
charter school, and a description of any State or local rules,
generally applicable to public schools, that will be waived
for, or otherwise not apply to, the school;
``(H) a description of how the subgrant funds or grant
funds, as appropriate, will be used, including a description of
how such funds will be used in conjunction with other Federal
programs administered by the Secretary;
``(I) a description of how students in the community will
be--
``(i) informed about the charter school; and
``(ii) given an equal opportunity to attend the charter
school;
``(J) an assurance that the eligible applicant will
annually provide the Secretary and the State educational agency
such information as may be required to determine if the charter
school is making satisfactory progress toward achieving the
objectives described in subparagraph (C)(i);
``(K) an assurance that the applicant will cooperate with
the Secretary and the State educational agency in evaluating
the program assisted under this part; and
``(L) such other information and assurances as the
Secretary and the State educational agency may require.
``(c) Contents of Eligible Applicant Application.--Each eligible
applicant desiring a grant pursuant to section 10302(e)(1) or 10302(b)
shall submit an application to the State educational agency or
Secretary, respectively, at such time, in such manner, and accompanied
by such information as the State educational agency or Secretary,
respectively, may reasonably require.
``(d) Contents of Application.--Each application submitted pursuant
to subsection (c) shall contain--
``(1) the information and assurances described in subparagraphs
(A) through (L) of subsection (b)(3), except that for purposes of
this subsection subparagraphs (I), (J), and (K) of such subsection
shall be applied by striking `and the State educational agency'
each place such term appears; and
``(2) assurances that the State educational agency--
``(A) will grant, or will obtain, waivers of State
statutory or regulatory requirements; and
``(B) will assist each subgrantee in the State in receiving
a waiver under section 10304(e).
``SEC. 10304. ADMINISTRATION.
``(a) Selection Criteria for State Educational Agencies.--The
Secretary shall award grants to State educational agencies under this
part on the basis of the quality of the applications submitted under
section 10303(b), after taking into consideration such factors as--
``(1) the contribution that the charter schools grant program
will make to assisting educationally disadvantaged and other
students to achieving State content standards and State student
performance standards and, in general, a State's education
improvement plan;
``(2) the degree of flexibility afforded by the State
educational agency to charter schools under the State's charter
schools law;
``(3) the ambitiousness of the objectives for the State charter
school grant program;
``(4) the quality of the strategy for assessing achievement of
those objectives; and
``(5) the likelihood that the charter school grant program will
meet those objectives and improve educational results for students.
``(b) Selection Criteria for Eligible Applicants.--The Secretary
shall award grants to eligible applicants under this part on the basis
of the quality of the applications submitted under section 10303(c),
after taking into consideration such factors as--
``(1) the quality of the proposed curriculum and instructional
practices;
``(2) the degree of flexibility afforded by the State
educational agency and, if applicable, the local educational agency
to the charter school;
``(3) the extent of community support for the application;
``(4) the ambitiousness of the objectives for the charter
school;
``(5) the quality of the strategy for assessing achievement of
those objectives; and
``(6) the likelihood that the charter school will meet those
objectives and improve educational results for students.
``(c) Peer Review.--The Secretary, and each State educational
agency receiving a grant under this part, shall use a peer review
process to review applications for assistance under this part.
``(d) Diversity of Projects.--The Secretary and each State
educational agency receiving a grant under this part, shall award
subgrants under this part in a manner that, to the extent possible,
ensures that such grants and subgrants--
``(1) are distributed throughout different areas of the Nation
and each State, including urban and rural areas; and
``(2) will assist charter schools representing a variety of
educational approaches, such as approaches designed to reduce
school size.
``(e) Waivers.--The Secretary may waive any statutory or regulatory
requirement over which the Secretary exercises administrative authority
except any such requirement relating to the elements of a charter
school described in section 10306(1), if--
``(1) the waiver is requested in an approved application under
this part; and
``(2) the Secretary determines that granting such a waiver will
promote the purpose of this part.
``(f) Use of Funds.--
``(1) State educational agencies.--Each State educational
agency receiving a grant under this part shall use such grant funds
to award subgrants to one or more eligible applicants in the State
to enable such applicant to plan and implement a charter school in
accordance with this part.
``(2) Eligible applicants.--Each eligible applicant receiving
funds from the Secretary or a State educational agency shall use
such funds to plan and implement a charter school in accordance
with this part.
``(3) Allowable activities.--An eligible applicant receiving a
grant or subgrant under this part may use the grant or subgrant
funds only for--
``(A) post-award planning and design of the educational
program, which may include--
``(i) refinement of the desired educational results and
of the methods for measuring progress toward achieving
those results; and
``(ii) professional development of teachers and other
staff who will work in the charter school; and
``(B) initial implementation of the charter school, which
may include--
``(i) informing the community about the school;
``(ii) acquiring necessary equipment and educational
materials and supplies;
``(iii) acquiring or developing curriculum materials;
and
``(iv) other initial operational costs that cannot be
met from State or local sources.
``(4) Administrative expenses.--Each State educational agency
receiving a grant pursuant to this part may reserve not more than 5
percent of such grant funds for administrative expenses associated
with the charter school grant program assisted under this part.
``(5) Revolving loan funds.--Each State educational agency
receiving a grant pursuant to this part may reserve not more than
20 percent of the grant amount for the establishment of a revolving
loan fund. Such fund may be used to make loans to eligible
applicants that have received a subgrant under this part, under
such terms as may be determined by the State educational agency,
for the initial operation of the charter school grant program of
such recipient until such time as the recipient begins receiving
ongoing operational support from State or local financing sources.
``SEC. 10305. NATIONAL ACTIVITIES.
``The Secretary may reserve not more than ten percent of the funds
available to carry out this part for any fiscal year for--
``(1) peer review of applications under section 10304(c);
``(2) an evaluation of the impact of charter schools on student
achievement, including those assisted under this part; and
``(3) other activities designed to enhance the success of the
activities assisted under this part, such as--
``(A) development and dissemination of model State charter
school laws and model contracts or other means of authorizing
and monitoring the performance of charter schools; and
``(B) collection and dissemination of information on
successful charter schools.
``SEC. 10306. DEFINITIONS.
``As used in this part:
``(1) The term `charter school' means a public school that--
``(A) in accordance with an enabling State statute, is
exempted from significant State or local rules that inhibit the
flexible operation and management of public schools, but not
from any rules relating to the other requirements of this
paragraph;
``(B) is created by a developer as a public school, or is
adapted by a developer from an existing public school, and is
operated under public supervision and direction;
``(C) operates in pursuit of a specific set of educational
objectives determined by the school's developer and agreed to
by the authorized public chartering agency;
``(D) provides a program of elementary or secondary
education, or both;
``(E) is nonsectarian in its programs, admissions policies,
employment practices, and all other operations, and is not
affiliated with a sectarian school or religious institution;
``(F) does not charge tuition;
``(G) complies with the Age Discrimination Act of 1975,
title VI of the Civil Rights Act of 1964, title IX of the
Education Amendments of 1972, section 504 of the Rehabilitation
Act of 1973, and part B of the Individuals with Disabilities
Education Act;
``(H) admits students on the basis of a lottery, if more
students apply for admission than can be accommodated;
``(I) agrees to comply with the same Federal and State
audit requirements as do other elementary and secondary schools
in the State, unless such requirements are specifically waived
for the purpose of this program;
``(J) meets all applicable Federal, State, and local health
and safety requirements; and
``(K) operates in accordance with State law.
``(2) The term `developer' means an individual or group of
individuals (including a public or private nonprofit organization),
which may include teachers, administrators and other school staff,
parents, or other members of the local community in which a charter
school project will be carried out.
``(3) The term `eligible applicant' means an authorized public
chartering agency participating in a partnership with a developer
to establish a charter school in accordance with this part.
``(4) The term `authorized public chartering agency' means a
State educational agency, local educational agency, or other public
entity that has the authority pursuant to State law and approved by
the Secretary to authorize or approve a charter school.
``SEC. 10307. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated $15,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the four succeeding fiscal years.
``PART D--ARTS IN EDUCATION
``Subpart 1--Arts Education
``SEC. 10401. SUPPORT FOR ARTS EDUCATION.
``(a) Findings.--The Congress finds that--
``(1) the arts are forms of understanding and ways of knowing
that are fundamentally important to education;
``(2) the arts are important to excellent education and to
effective school reform;
``(3) the most significant contribution of the arts to
education reform is the transformation of teaching and learning;
``(4) such transformation is best realized in the context of
comprehensive, systemic education reform;
``(5) demonstrated competency in the arts for American students
is among the National Education Goals;
``(6) participation in performing arts activities has proven to
be an effective strategy for promoting the inclusion of persons
with disabilities in mainstream settings;
``(7) opportunities in the arts have enabled persons of all
ages with disabilities to participate more fully in school and
community activities;
``(8) the arts can motivate at-risk students to stay in school
and become active participants in the educational process; and
``(9) arts education should be an integral part of the
elementary and secondary school curriculum.
``(b) Purposes.--The purposes of this subpart are to--
``(1) support systemic education reform by strengthening arts
education as an integral part of the elementary and secondary
school curriculum;
``(2) help ensure that all students have the opportunity to
learn to challenging State content standards and challenging State
student performance standards in the arts; and
``(3) support the national effort to enable all students to
demonstrate competence in the arts in accordance with the National
Education Goals.
``(c) Eligible Recipients.--In order to carry out the purposes of
this subpart, the Secretary is authorized to award grants to, or enter
into contracts or cooperative agreements with--
``(1) State educational agencies;
``(2) local educational agencies;
``(3) institutions of higher education;
``(4) museums and other cultural institutions; and
``(5) other public and private agencies, institutions, and
organizations.
``(d) Authorized Activities.--Funds under this subpart may be used
for--
``(1) research on arts education;
``(2) the development of, and dissemination of information
about, model arts education programs;
``(3) the development of model arts education assessments based
on high standards;
``(4) the development and implementation of curriculum
frameworks for arts education;
``(5) the development of model preservice and inservice
professional development programs for arts educators and other
instructional staff;
``(6) supporting collaborative activities with other Federal
agencies or institutions involved in arts education, such as the
National Endowment for the Arts, the Institute of Museum Services,
the John F. Kennedy Center for the Performing Arts, Very Special
Arts, and the National Gallery of Art;
``(7) supporting model projects and programs in the performing
arts for children and youth through arrangements made with the John
F. Kennedy Center for the Performing Arts;
``(8) supporting model projects and programs by Very Special
Arts which assure the participation in mainstream settings in arts
and education programs of individuals with disabilities;
``(9) supporting model projects and programs to integrate arts
education into the regular elementary and secondary school
curriculum; and
``(10) other activities that further the purposes of this
subpart.
``(e) Coordination.--
``(1) In general.--A recipient of funds under this subpart
shall, to the extent possible, coordinate projects assisted under
this subpart with appropriate activities of public and private
cultural agencies, institutions, and organizations, including
museums, arts education associations, libraries, and theaters.
``(2) Special rule.--In carrying out this subpart, the
Secretary shall coordinate with the National Endowment for the
Arts, the Institute of Museum Services, the John F. Kennedy Center
for the Performing Arts, Very Special Arts, and the National
Gallery of Art.
``(f) Authorization.--
``(1) In general.--For the purpose of carrying out this
subpart, there are authorized to be appropriated $11,000,000 for
fiscal year 1995 and such sums as may be necessary for each of the
four succeeding fiscal years.
``(2) Special rule.--If the amount appropriated under paragraph
(1) for any fiscal year is $9,000,000 or less, then such amount
shall only be available to carry out the activities described in
paragraphs (7) and (8) of subsection (d).
``Subpart 2--Cultural Partnerships for At-Risk Children and Youth
``SEC. 10411. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds:
``(1) With local school budget cuts there are inadequate arts
and cultural programs available for children and youth in schools,
especially at the elementary school level.
``(2) The arts promote progress in academic subjects as shown
by research conducted by the National Endowment for the Arts.
``(3) Children and youth who receive instruction in the arts
and humanities, or who are involved in cultural activities, remain
in school longer and are more successful than children who do not
receive such instruction.
``(4) Learning in the arts and humanities promotes progress in
other academic subjects, and generates positive self-esteem and a
greater sense of accomplishment in young people.
``(5) School-university and school-cultural institution
partnerships that upgrade teacher training in the arts and
humanities have significantly contributed to improved instruction
and achievement levels of school-aged children.
``(6) Museum outreach, cultural activities and informal
education for at-risk children and youth have contributed
significantly to the educational achievement and enhanced interest
in learning of at-risk children and youth.
``(7) The Goals 2000: Educate America Act, other legislation
and local, State and national resources support the integration of
the arts and humanities into the regular curriculum and school day
for all children.
``(8) While all children benefit from instruction in the arts
and the humanities, at-risk children and youth have a special,
additional need for arts and cultural programs both in school and
after school.
``(b) Purpose.--The purpose of this subpart is to make
demonstration grants to eligible entities to improve the educational
performance and future potential of at-risk children and youth by
providing comprehensive and coordinated educational and cultural
services.
``SEC. 10412. PROGRAM AUTHORIZED.
``(a) In General.--The Secretary is authorized to award grants to
eligible entities to pay the Federal share of the costs of the
activities described in section 10413.
``(b) Special Requirements.--
``(1) In general.--The Secretary shall award grants under this
subpart only to programs designed to--
``(A) promote and enhance educational and cultural
activities;
``(B) provide multi-year services to at-risk children and
youth and to integrate community cultural resources into in-
school and after-school educational programs;
``(C) provide integration of community cultural resources
into the regular curriculum and school day;
``(D) focus school and cultural resources in the community
on coordinated cultural services to address the needs of at-
risk children and youth;
``(E) provide effective cultural programs to facilitate the
transition from preschool programs to elementary school
programs, including programs under the Head Start Act and part
H of the Individuals with Disabilities Education Act;
``(F) facilitate school-to-work transition from secondary
schools and alternative schools to job training, higher
education and employment through educational programs and
activities that utilize school resources;
``(G) increase parental and community involvement in the
educational, social, and cultural development of at-risk
children and youth; or
``(H)(i) develop programs and strategies that provide high-
quality coordinated educational and cultural services; and
``(ii) provide a model to replicate such services in other
schools and communities.
``(2) Partnership.--An interagency partnership comprised of the
Secretary of Education, the Chairman of the National Endowment for
the Humanities, the Chairman of the National Endowment for the
Arts, and the Director of the Institute of Museum Services, or
their designees, shall establish criteria and procedures for
awarding grants, including the establishment of panels to review
the applications, and shall administer the grants program
authorized by this section. The Secretary shall publish such
criteria and procedures in the Federal Register.
``(3) Coordination.--Grants may only be awarded under this
subpart to eligible entities that agree to coordinate activities
carried out under other Federal, State, and local grants, received
by the members of the partnership for purposes and target
populations described in this subpart, into an integrated service
delivery system located at a school, cultural, or other community-
based site accessible to and utilized by at-risk youth.
``(4) Eligible entities.--For purposes of this subpart, the
term `eligible entity' means a partnership between--
``(A) a local educational agency or an individual school
that is eligible to participate in a schoolwide program under
section 1114; and
``(B) at least one institution of higher education, museum,
local arts agency, or cultural entity that is accessible to
individuals within the school district of such local
educational agency or school, and that has a history of
providing quality services to the community, which may
include--
``(i) nonprofit institutions of higher education,
museums, libraries, performing, presenting and exhibiting
arts organizations, literary arts organizations, State and
local arts organizations, cultural institutions, and
zoological and botanical organizations; or
``(ii) private for-profit entities with a history of
training children and youth in the arts.
``(5) Geographic distribution.--In awarding grants under this
subpart the Secretary, to the extent feasible, shall ensure an
equitable geographic distribution of such grants.
``(6) Duration.--Grants made under this subpart may be
renewable for a maximum of five years if the Secretary determines
that the eligible recipient has made satisfactory progress toward
the achievement of the program objectives described in the
application.
``(7) Models.--The Secretary, in consultation with the Chairman
of the National Endowment for the Humanities, the Chairman of the
National Endowment for the Arts and the Director of the Institute
of Museum Services, or their designees, shall submit successful
models under this title to the National Diffusion Network for
review.
``(c) Target Population.--To be eligible for a grant under this
subpart, an eligible entity shall serve--
``(1) students enrolled in schools participating in a
schoolwide program under section 1114 and the families of such
students to the extent practicable;
``(2) out-of-school children and youth at risk of disadvantages
resulting from teenage parenting, substance abuse, recent
migration, disability, limited-English proficiency, illiteracy,
being the child of a teenage parent, living in a single parent
household, or dropping out of school; or
``(3) any combination of in-school and out-of-school at-risk
children and youth.
``SEC. 10413. AUTHORIZED ACTIVITIES.
``(a) In General.--Grants awarded under this subpart may be used--
``(1) to plan, develop, acquire, expand, and improve school-
based or community-based coordinated educational and cultural
programs to strengthen the educational performance and future
potential of in-school or out-of-school at-risk children and youth
through grants, cooperative agreements, contracts for services, or
administrative coordination;
``(2) to provide at-risk students with integrated cultural
activities designed to develop a love of learning that fosters the
smooth transition of preschool children to elementary school;
``(3) to design collaborative cultural activities for students
in secondary or alternative schools that ensure the smooth
transition to job training, higher education, or full employment;
``(4) to provide child care for children of at-risk students
who would not otherwise be able to participate in the program;
``(5) to provide transportation necessary for participation in
the program;
``(6) to work with existing school personnel to develop
curriculum materials and programs in the arts;
``(7) to work with existing school personnel on staff
development activities that encourage the integration of the arts
into the curriculum;
``(8) for stipends that allow local artists to work with at-
risk children and youth in schools;
``(9) for training individuals who are not trained to work with
children and youth;
``(10) for cultural programs that encourage the active
participation of parents in the education of their children;
``(11) for programs that use the arts and culture to reform
current school practices, including lengthening the school day or
academic year;
``(12) for equipment or supplies that the Secretary determines
appropriate; and
``(13) for evaluation, administration, and supervision.
``(b) Planning Grants.--
``(1) Application.--An eligible entity may submit an
application to the Secretary for a planning grant for an amount not
to exceed $50,000. Such grants shall be for periods of not more
than one year.
``(2) Limit on planning grants.--Not more than 10 percent of
the amounts appropriated in each fiscal year under this subpart
shall be used for grants under this subsection, and an eligible
entity may receive not more than one such planning grant.
``(c) General Provisions.--
``(1) In general.--Each eligible entity desiring a grant under
this subpart shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may reasonably require.
``(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
``(A) describe the cultural entity or entities that will
participate in the partnership;
``(B) describe the target population to be served;
``(C) describe the services to be provided;
``(D) describe a plan for evaluating the success of the
program;
``(E) in the case of each local educational agency or
school participating in the eligible recipient partnership,
describe how the activities assisted under this subpart will be
perpetuated beyond the duration of the grant;
``(F) describe the manner in which the eligible entity will
improve the educational achievement or future potential of at-
risk youth through more effective coordination of cultural
services in the community;
``(G) describe the overall and operational goals of the
program;
``(H) describe the nature and location of all planned sites
where services will be delivered and a description of services
which will be provided at each site; and
``(I) describe training that will be provided to
individuals who are not trained to work with children and
youth, and how teachers will be involved.
``SEC. 10414. PAYMENTS; AMOUNTS OF AWARD; COST SHARE; LIMITATIONS.
``(a) Payments.--
``(1) In general.--The Secretary shall pay to each eligible
recipient having an application approved under section 10413(c) the
Federal share of the cost of the activities described in the
application.
``(2) Special rule.--(A) Grants awarded under this subpart
shall be of sufficient size, scope, and quality to be effective.
``(B) The Secretary shall award grants under this subpart so as
to ensure nonduplication of services provided by grant recipients
and services provided by--
``(i) the National Endowment for the Humanities;
``(ii) the National Endowment for the Arts; and
``(iii) the Institute of Museum Services.
``(b) Cost Share.--
``(1) Federal share.--The Federal share of a grant under this
subpart shall be 80 percent of the cost of carrying out the
activities described in the application.
``(2) Non-federal share.--The non-Federal share of a grant
under this subpart shall be 20 percent of the cost of carrying out
the activities described in the application and may be in cash or
in kind, fairly evaluated, including the provision of equipment,
services, or facilities.
``(c) Limitations.--
``(1) Noninstructional services.--Not more than 25 percent of
the grant funds provided in any fiscal year under this subpart may
be used for noninstructional activities such as the activities
described in paragraphs (4), (5), and (12) of section 10413(a).
``(2) Supplement and not supplant.--Grant funds awarded under
this part shall be used to supplement not supplant the amount of
funds made available from non-Federal sources, for the activities
assisted under this subpart, in amounts that exceed the amounts
expended for such activities in the year preceding the year for
which the grant is awarded.
``(3) Administrative costs.--(A) The Secretary may reserve not
more than five percent of the grant funds received under this
subpart in each fiscal year for the costs of administration.
``(B) Each eligible recipient may reserve not more than 5
percent of any grant funds received under this subpart in each
fiscal year for the costs of administration.
``SEC. 10415. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this
subpart, $45,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years.
``PART E--INEXPENSIVE BOOK DISTRIBUTION PROGRAM
``SEC. 10501. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR READING
MOTIVATION.
``(a) Authorization.--The Secretary is authorized to enter into a
contract with Reading is Fundamental (RIF) (hereafter in this section
referred to as `the contractor') to support and promote programs, which
include the distribution of inexpensive books to students, that
motivate children to read.
``(b) Requirements of Contract.--Any contract entered into under
subsection (a) shall--
``(1) provide that the contractor will enter into subcontracts
with local private nonprofit groups or organizations, or with
public agencies, under which each subcontractor will agree to
establish, operate, and provide the non-Federal share of the cost
of reading motivation programs that include the distribution of
books, by gift, to the extent feasible, or loan, to children from
birth through secondary school age, including those in family
literacy programs;
``(2) provide that funds made available to subcontractors will
be used only to pay the Federal share of the cost of such programs;
``(3) provide that in selecting subcontractors for initial
funding, the contractor will give priority to programs that will
serve a substantial number or percentage of children with special
needs, such as--
``(A) low-income children, particularly in high-poverty
areas;
``(B) children at risk of school failure;
``(C) children with disabilities;
``(D) foster children;
``(E) homeless children;
``(F) migrant children;
``(G) children without access to libraries;
``(H) institutionalized or incarcerated children; and
``(I) children whose parents are institutionalized or
incarcerated;
``(4) provide that the contractor will provide such technical
assistance to subcontractors as may be necessary to carry out the
purpose of this section;
``(5) provide that the contractor will annually report to the
Secretary the number of, and describe, programs funded under
paragraph (3); and
``(6) include such other terms and conditions as the Secretary
determines to be appropriate to ensure the effectiveness of such
programs.
``(c) Restriction on Payments.--The Secretary shall make no payment
of the Federal share of the cost of acquiring and distributing books
under any contract under this section unless the Secretary determines
that the contractor or subcontractor, as the case may be, has made
arrangements with book publishers or distributors to obtain books at
discounts at least as favorable as discounts that are customarily given
by such publisher or distributor for book purchases made under similar
circumstances in the absence of Federal assistance.
``(d) Definition of `Federal Share'.--For the purpose of this
section, the term `Federal share' means, with respect to the cost to a
subcontractor of purchasing books to be paid under this section, 75
percent of such costs to the subcontractor, except that the Federal
share for programs serving children of migrant or seasonal farmworkers
shall be 100 percent of such costs to the subcontractor.
``(e) Authorization of Appropriations.--For the purpose of carrying
out this section, there are authorized to be appropriated $10,300,000
for fiscal year 1995 and such sums as may be necessary for each of the
four succeeding fiscal years.
``PART F--CIVIC EDUCATION
``SEC. 10601. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF DEMOCRACY IN
THE UNITED STATES.
``(a) General Authority.--
``(1) Program established.--(A) The Secretary is authorized to
carry out a program to enhance the attainment of the third and
sixth National Education Goals by educating students about the
history and principles of the Constitution of the United States,
including the Bill of Rights, and to foster civic competence and
responsibility.
``(B) Such program shall be known as `We the People . . . The
Citizen and the Constitution'.
``(2) Educational activities.--The program required by
paragraph (1) shall--
``(A) continue and expand the educational activities of the
`We the People . . . The Citizen and the Constitution' program
administered by the Center for Civic Education; and
``(B) enhance student attainment of challenging content
standards in civics and government.
``(3) Contract or grant authorized.--The Secretary is
authorized to award a grant or enter into a contract with the
Center for Civic Education to carry out the program described in
paragraph (1).
``(b) Program Content.--The education program authorized by this
section shall provide--
``(1) a course of instruction on the basic principles of our
Nation's constitutional democracy and the history of the
Constitution and the Bill of Rights;
``(2) at the request of a participating school, school and
community simulated congressional hearings following the course of
study; and
``(3) an annual national competition of simulated congressional
hearings for secondary students who wish to participate in such
program.
``(c) Availability of Program.--The education program authorized by
this section shall be made available to public and private elementary
and secondary schools in the 435 congressional districts, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the District of Columbia.
``(d) Special Rule.--After the provisions of subsection (b) have
been implemented, funds provided under this section may be used for--
``(1) advanced training of teachers about the United States
Constitution and the political system the United States created; or
``(2) a course of instruction at the middle school level on the
roles of State and local governments in the Federal system
established by the Constitution, which course shall provide for--
``(A) optional school and community simulated State
legislative hearings;
``(B) an annual competition of simulated legislative
hearings at the State legislative district, State, and national
levels for middle school students who wish to participate in
the program; and
``(C) participation by public and private middle schools in
the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
``SEC. 10602. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.
``(a) Program Established.--The Secretary is authorized to carry
out a program of awarding grants and contracts to assist State and
local educational agencies and other public and private nonprofit
agencies, organizations, and institutions to enhance--
``(1) attainment by students of challenging State content
standards and challenging State student performance standards in
civics, government, and the law; and
``(2) attainment by the Nation of the third and the sixth
National Education Goals.
``(b) Authorized Activities.--Assistance under this section may
support new and ongoing programs in elementary and secondary schools
that provide for--
``(1) the development and implementation of curricular programs
that enhance student understanding of--
``(A) the values and principles which underlie, and the
institutions and processes which comprise, our Nation's system
of government;
``(B) the role of law in our constitutional democracy,
including activities to promote--
``(i) legal literacy;
``(ii) a dedication by students to the use of
nonviolent means of conflict resolution such as
arbitration, mediation, negotiation, trials, and appellate
hearings; and
``(iii) respect for cultural diversity and acceptance
of cultural differences; and
``(C) the rights and responsibilities of citizenship;
``(2) professional development for teachers, including
preservice and inservice training;
``(3) outside-the-classroom learning experiences for students,
including community service activities;
``(4) the active participation of community leaders, from the
public and private sectors, in the schools; and
``(5) the provision of technical assistance to State and local
educational agencies and other institutions and organizations
working to further the progress of the Nation in attaining the
third and sixth National Education Goals regarding civics and
government.
``(c) Applications, Peer Review and Priority.--
``(1) Submission of applications.--A State or local educational
agency, other public or private nonprofit agency, organization, or
institution that desires to receive a grant or enter into a
contract under this section 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.
``(2) Peer review.--(A) The Secretary shall convene a panel of
individuals for purpose of reviewing and rating applications
submitted under paragraph (1).
``(B) Such individuals shall have experience with education
programs in civics, government, and the law.
``(3) Priority.--In awarding grants or awarding contracts under
this section, the Secretary shall give priority consideration to
applications which propose the operation of statewide programs.
``(d) Duration of Grants and Exception.--
``(1) Duration.--Except as provided in paragraph (2), the
Secretary shall award grants and contracts under this section for
periods of two or three years.
``(2) Exception.--The Secretary may award a grant or a contract
under this section for a period of less than 2 years if the
Secretary determines that special circumstances exist which warrant
a 1-year grant or contract award.
``SEC. 10603. REPORT; AUTHORIZATION OF APPROPRIATIONS.
``(a) Report.--The Secretary shall report, on a biennial basis to
the Committee on Education and Labor of the House of Representatives
and to the Committee on Labor and Human Resources of the Senate
regarding the distribution and use of funds authorized under this part.
``(b) Authorization of Appropriations.--
``(1) General.--There are authorized to be appropriated to
carry out this part $15,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the four succeeding fiscal years.
``(2) Allocation.--Except as provided in paragraph (3), from
the amount appropriated under subsection (a), the Secretary shall
allocate--
``(A) 40 percent of such amount to carry out section 10601;
and
``(B) 60 percent of such amount to carry out section 10602.
``(3) Special rule.--From funds appropriated under paragraph
(1), the Secretary shall make available for fiscal year 1995 and
each succeeding fiscal year thereafter for the programs under
sections 16101 and 16102 not less than the amount made available
for fiscal year 1994 to carry out such programs under sections 4609
and 1562, respectively, of this Act (as such sections were in
effect on the day preceding the date of enactment of the Improving
America's Schools Act of 1994).
``PART G--ALLEN J. ELLENDER FELLOWSHIP PROGRAM
``SEC. 10701. FINDINGS.
``The Congress finds as follows:
``(1) It is a worthwhile goal to ensure that all students in
America are prepared for responsible citizenship and that all
students should have the opportunity to be involved in activities
that promote and demonstrate good citizenship.
``(2) It is a worthwhile goal to ensure that America's
educators have access to programs for the continued improvement of
their professional skills.
``(3) Allen J. Ellender, a Senator from Louisiana and President
pro tempore of the United States Senate, had a distinguished career
in public service characterized by extraordinary energy and real
concern for young people. Senator Ellender provided valuable
support and encouragement to the Close Up Foundation, a
nonpartisan, nonprofit foundation promoting knowledge and
understanding of the Federal Government among young people and
educators. Therefore, it is a fitting and appropriate tribute to
Senator Ellender to provide fellowships in his name to students of
limited economic means, the teachers who work with such students,
and older Americans, so that such students, teachers, and older
Americans may participate in the programs supported by the Close Up
Foundation.
``Subpart 1--Program for Middle and Secondary School Students
``SEC. 10711. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to make
grants in accordance with the provisions of this subpart to the Close
Up Foundation of Washington, District of Columbia, a nonpartisan,
nonprofit foundation, for the purpose of assisting the Close Up
Foundation in carrying out its programs of increasing understanding of
the Federal Government among middle and secondary school students.
``(b) Use of Funds.--Grants under this subpart shall be used only
to provide financial assistance to economically disadvantaged students
who participate in the program described in subsection (a). Financial
assistance received pursuant to this subpart by such students shall be
known as Allen J. Ellender fellowships.
``SEC. 10712. APPLICATIONS.
``(a) Application Required.--No grant under this subpart may be
made except upon an application at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
``(b) Contents of Application.--Each such application shall contain
provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged middle and secondary school students;
``(2) that every effort will be made to ensure the
participation of students from rural and small town areas, as well
as from urban areas, and that in awarding fellowships to
economically disadvantaged students, special consideration will be
given to the participation of students with special educational
needs, including student with disabilities, ethnic minority
students, and gifted and talented students; and
``(3) the proper disbursement of the funds received under this
subpart.
``Subpart 2--Program for Middle and Secondary School Teachers
``SEC. 10721. ESTABLISHMENT.
``(a) General Authority.--The Secretary is authorized to make
grants in accordance with the provisions of this subpart to the Close
Up Foundation of Washington, District of Columbia, a nonpartisan,
nonprofit foundation, for the purpose of assisting the Close Up
Foundation in carrying out its programs of teaching skills enhancement
for middle and secondary school teachers.
``(b) Use of Funds.--Grants under this subpart shall be used only
for financial assistance to teachers who participate in the program
described in subsection (a). Financial assistance received pursuant to
this subpart by such individuals shall be known as Allen J. Ellender
fellowships.
``SEC. 10722. APPLICATIONS.
``(a) Application Required.--No grant under this subpart may be
made except upon an application at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
``(b) Contents of Application.--Each such application shall contain
provisions to assure--
``(1) that fellowship grants are made only to teachers who have
worked with at least one student from such teacher's school who
participates in the programs described in section 10711(a);
``(2) that not more than one teacher in each school
participating in the programs provided for in section 10711(a) may
receive a fellowship in any fiscal year; and
``(3) the proper disbursement of the funds received under this
subpart.
``Subpart 3--Programs for Recent Immigrants, Students of Migrant
Parents and Older Americans
``SEC. 10731. ESTABLISHMENT.
``(a) General Authority.--
``(1) In general.--The Secretary is authorized to make grants
in accordance with the provisions of this subpart to the Close Up
Foundation of Washington, District of Columbia, a nonpartisan,
nonprofit foundation, for the purpose of assisting the Close Up
Foundation in carrying out its programs of increasing understanding
of the Federal Government among economically disadvantaged older
Americans, recent immigrants and students of migrant parents.
``(2) Definition.--For the purpose of this subpart, the term
`older American' means an individual who has attained 55 years of
age.
``(b) Use of Funds.--Grants under this subpart shall be used for
financial assistance to economically disadvantaged older Americans,
recent immigrants and students of migrant parents who participate in
the program described in subsection (a). Financial assistance received
pursuant to this subpart by such individuals shall be known as Allen J.
Ellender fellowships.
``SEC. 10732. APPLICATIONS.
``(a) Application Required.--No grant under this subpart may be
made except upon application at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require.
``(b) Contents of Application.--Except such application shall
contain provisions to assure--
``(1) that fellowship grants are made to economically
disadvantaged older Americans, recent immigrants and students of
migrant parents;
``(2) that every effort will be made to ensure the
participation of older Americans, recent immigrants and students of
migrant parents from rural and small town areas, as well as from
urban areas, and that in awarding fellowships, special
consideration will be given to the participation of older
Americans, recent immigrants and students of migrant parents with
special needs, including individuals with disabilities, ethnic
minorities, and gifted and talented students;
``(3) that activities permitted by subsection (a) are fully
described; and
``(4) the proper disbursement of the funds received under this
subpart.
``Subpart 4--General Provisions
``SEC. 10741. ADMINISTRATIVE PROVISIONS.
``(a) General Rule.--Payments under this part may be made in
installments, in advance, or by way of reimbursement, with necessary
adjustments on account of underpayment or overpayment.
``(b) Audit Rule.--The Comptroller General of the United States or
any of the Comptroller General's duly authorized representatives shall
have access for the purpose of audit and examination to any books,
documents, papers, and records that are pertinent to any grant under
this part.
``SEC. 10742. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out the provisions of subparts 1, 2, and 3 of this part $4,400,000 for
fiscal year 1995 and such sums as may be necessary of each of the four
succeeding fiscal years.
``(b) Special Rule.--Of the funds appropriated pursuant to
subsection (a), not more than 30 percent may be used for teachers
associated with students participating in the programs described in
section 10711(a).
``PART H--DE LUGO TERRITORIAL EDUCATION IMPROVEMENT PROGRAM
``SEC. 10801. FINDINGS AND PURPOSES.
``(a) Findings.--The Congress finds that--
``(1) the attainment of a high quality education is important
to a society and to each individual;
``(2) it is the policy of the United States that all citizens
have a fair opportunity to receive a high quality education;
``(3) such opportunity should extend to United States citizens
and nationals residing in the outlying areas;
``(4) reports show that the outlying areas have repeatedly
placed last in national education tests which measure knowledge in
core subject areas;
``(5) all students must realize their potential if the United
States is to prosper; and
``(6) students in the outlying areas require additional
assistance if such students are to obtain the high standards
established for all students in the United States.
``(b) Purposes.--The purpose of this part is to authorize an
education improvement program for the outlying areas which will assist
in developing programs which will enhance student learning, increase
the standard of education, and improve the performance levels of all
students.
``SEC. 10802. GRANT AUTHORIZATION.
``The Secretary is authorized to make grants to the outlying areas
to fund innovative education improvement programs which will increase
student learning.
``SEC. 10803. CONSTRUCTION.
``No funds from a grant under section 10802 may be used for
construction.
``SEC. 10804. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this subpart
$3,000,000 for each of the fiscal years 1994 through 1999.
``PART I--21ST CENTURY COMMUNITY LEARNING CENTERS
``SEC. 10901. SHORT TITLE.
``This part may be cited as the `21st Century Community Learning
Centers Act'.
``SEC. 10902. FINDINGS.
``The Congress finds that--
``(1) a local public school often serves as a center for the
delivery of education and human resources for all members of a
community;
``(2) public schools, primarily in rural and inner city
communities, should collaborate with other public and nonprofit
agencies and organizations, local businesses, educational entities
(such as vocational and adult education programs, school-to-work
programs, community colleges, and universities), recreational,
cultural, and other community and human service entities, for the
purpose of meeting the needs of, and expanding the opportunities
available to, the residents of the communities served by such
schools;
``(3) by using school facilities, equipment, and resources,
communities can promote a more efficient use of public education
facilities, especially in rural and inner city areas where limited
financial resources have enhanced the necessity for local public
schools to become social service centers;
``(4) the high technology, global economy of the 21st century
will require lifelong learning to keep America's workforce
competitive and successful, and local public schools should provide
centers for lifelong learning and educational opportunities for
individuals of all ages; and
``(5) 21st Century Community Learning Centers enable the entire
community to develop an education strategy that addresses the
educational needs of all members of local communities.
``SEC. 10903. PROGRAM AUTHORIZATION.
``(a) Grants by the Secretary.--The Secretary is authorized, in
accordance with the provisions of this part, to award grants to rural
and inner-city public elementary or secondary schools, or consortia of
such schools, to enable such schools or consortia to plan, implement,
or to expand projects that benefit the educational, health, social
service, cultural, and recreational needs of a rural or inner-city
community.
``(b) Equitable Distribution.--In awarding grants under this part,
the Secretary shall assure an equitable distribution of assistance
among the States, among urban and rural areas of the United States, and
among urban and rural areas of a State.
``(c) Grant Period.--The Secretary shall award grants under this
part for a period not to exceed 3 years.
``(d) Amount.--The Secretary shall not award a grant under this
part in any fiscal year in an amount less than $35,000.
``SEC. 10904. APPLICATION REQUIRED.
``(a) Application.--To be eligible to receive a grant under this
part, an elementary or secondary school or consortium shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
prescribe. Each such application shall include--
``(1) a comprehensive local plan that enables the school or
consortium to serve as a center for the delivery of education and
human resources for members of a community;
``(2) an evaluation of the needs, available resources, and
goals and objectives for the proposed project in order to determine
which activities will be undertaken to address such needs; and
``(3) a description of the proposed project, including--
``(A) a description of the mechanism that will be used to
disseminate information in a manner that is understandable and
accessible to the community;
``(B) identification of Federal, State, and local programs
to be merged or coordinated so that public resources may be
maximized;
``(C) a description of the collaborative efforts to be
undertaken by community-based organizations, related public
agencies, businesses, or other appropriate organizations;
``(D) a description of how the school or consortium will
serve as a delivery center for existing and new services,
especially for interactive telecommunication used for education
and professional training; and
``(E) an assurance that the school or consortium will
establish a facility utilization policy that specifically
states--
``(i) the rules and regulations applicable to building
and equipment use; and
``(ii) supervision guidelines.
``(b) Priority.--The Secretary shall give priority to applications
describing projects that offer a broad selection of services which
address the needs of the community.
``SEC. 10905. USES OF FUNDS.
``Grants awarded under this part may be used to plan, implement, or
expand community learning centers which include not less than four of
the following activities:
``(1) Literacy education programs.
``(2) Senior citizen programs.
``(3) Children's day care services.
``(4) Integrated education, health, social service,
recreational, or cultural programs.
``(5) Summer and weekend school programs in conjunction with
recreation programs.
``(6) Nutrition and health programs.
``(7) Expanded library service hours to serve community needs.
``(8) Telecommunications and technology education programs for
individuals of all ages.
``(9) Parenting skills education programs.
``(10) Support and training for child day care providers.
``(11) Employment counseling, training, and placement.
``(12) Services for individuals who leave school before
graduating from secondary school, regardless of the age of such
individual.
``(13) Services for individuals with disabilities.
``SEC. 10906. DEFINITION.
``For the purpose of this part, the term `community learning
center' means an entity within a public elementary or secondary school
building that--
``(1) provides educational, recreational, health, and social
service programs for residents of all ages within a local
community; and
``(2) is operated by a local educational agency in conjunction
with local governmental agencies, businesses, vocational education
programs, institutions of higher education, community colleges, and
cultural, recreational, and other community and human service
entities.
``SEC. 10907. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $20,000,000 for fiscal
year 1995, and such sums as may be necessary for each of the four
succeeding fiscal years, to carry out this part.
``PART J--URBAN AND RURAL EDUCATION ASSISTANCE
``SEC. 10951. AUTHORIZATION OF APPROPRIATIONS.
``(a) Demonstration Grants.--
``(1) In general.--There are authorized to be appropriated
$125,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the four succeeding fiscal years, to carry
out subparts 1 and 2 (other than section 10975).
``(2) Reservation for subpart 1.--The Secretary shall reserve
50 percent of the amount appropriated under paragraph (1) to carry
out subpart 1.
``(3) Reservation for subpart 2.--The Secretary shall reserve
50 percent of the amount appropriated under paragraph (1) to carry
out subpart 2 (other than section 10975).
``(b) Higher Education Grants.--There are authorized to be
appropriated $25,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the four succeeding fiscal years to carry out
section 10975.
``(c) Federal Funds To Supplement Not Supplant Non-Federal Funds.--
An eligible local educational agency may use funds received under this
part only 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 education of students
participating in activities assisted under this part, and in no such
case may such funds be used to supplant funds from non-Federal sources.
``SEC. 10952. DEFINITIONS.
``Except as otherwise provided, for the purposes of this part:
``(1) Central city.--The term `central city' has the same
meaning used by the Bureau of the Census.
``(2) Metropolitan statistical area.--The term `metropolitan
statistical area' has the same meaning used by the Bureau of the
Census.
``(3) Poverty level.--The term `poverty level' means the
criteria of poverty used by the Bureau of the Census in compiling
the most recent decennial census.
``(4) Rural eligible local educational agency.--The term `rural
eligible local educational agency' means a local educational
agency--
``(A)(i) in which at least 15 percent of the children
enrolled in the schools served by such agency are eligible to
be counted under part A of title I; and
``(ii) which is not in a metropolitan statistical area; or
``(B) in which the total enrollment in the schools served
by such agency is less than 2,500 students and that does not
serve schools located in a metropolitan statistical area.
``(5) Urban eligible local educational agency.--The term `urban
eligible local educational agency' means a local educational agency
that--
``(A) serves the largest central city in a State;
``(B) enrolls more than 30,000 students and serves a
central city with a population of at least 200,000 in a
metropolitan statistical area; or
``(C) enrolls between 25,000 and 30,000 students and serves
a central city with a population of at least 140,000 in a
metropolitan statistical area.
``Subpart 1--Urban Education Demonstration Grants
``SEC. 10961. FINDINGS.
``The Congress finds that--
``(1) the ability of the Nation's major urban public school
systems to meet the Nation's educational goals will determine the
country's economic competitiveness and academic standing in the
world community;
``(2) the quality of public education in the Nation's major
urban areas has a direct effect on the economic development of the
Nation's inner-cities;
``(3) the success of urban public schools in boosting the
achievement of its minority youth attending such schools will
determine the ability of the Nation to close the gap between the
`haves and the have-nots' in society;
``(4) the cost to America's businesses to provide remedial
education to high school graduates is approximately $21,000,000,000
per year;
``(5) approximately one-third of the Nation's workforce will be
members of minority groups by the year 2000;
``(6) urban schools enroll a disproportionately large share of
the Nation's poor and `at-risk' youth;
``(7) urban schools enroll approximately one-third of the
Nation's poor, 40 percent of the Nation's African American
children, and 30 percent of the Nation's Hispanic youth;
``(8) nearly 20 percent of the Nation's limited-English-
proficient children and 15 percent of the Nation's disabled youth
are enrolled in urban public schools;
``(9) the academic performance of students in the average
inner-city public school system is below that of students in most
other kinds of school systems;
``(10) urban public school systems have higher dropout rates,
more problems with health care, and less parental participation
than other kinds of school systems;
``(11) urban preschoolers have one-half the access to early
childhood development programs as do other children;
``(12) shortages of teachers in urban public school systems are
2.5 times greater than such shortages in other kinds of school
systems;
``(13) declining numbers of urban minority high school
graduates are pursuing postsecondary educational opportunities;
``(14) urban public school systems have greater problems with
teenage pregnancy, discipline, drug abuse, and gangs than do other
kinds of school systems;
``(15) 75 percent of urban public school buildings are over 25
years old, 33 percent of such buildings are over 50 years old, and
such buildings are often in serious disrepair and create poor and
demoralizing working and learning conditions;
``(16) solving the challenges facing our Nation's urban schools
will require the concerted and collaborative efforts of all levels
of government and all sectors of the community;
``(17) Federal and State funding of urban public schools has
not adequately reflected need; and
``(18) Federal funding that is well-targeted, flexible, and
accountable would contribute significantly to addressing the
comprehensive needs of inner-city public schools.
``SEC. 10962. PURPOSE.
``It is the purpose of this subpart to provide financial assistance
to--
``(1) assist urban public schools in meeting the National
Education Goals;
``(2) improve the educational and social well-being of urban
public school children;
``(3) close the achievement gap between urban and nonurban
public school children, while improving the achievement level of
all children nationally;
``(4) conduct coordinated research on urban public education
problems, solutions, and promising practices;
``(5) improve the Nation's global economic and educational
competitiveness by improving the Nation's urban schools; and
``(6) encourage community, parental, and business collaboration
in the improvement of urban schools.
``SEC. 10963. URBAN SCHOOL GRANTS.
``(a) Authority.--The Secretary is authorized to make grants to
eligible local educational agencies serving an urban area or State
educational agencies in the case where the State educational agency is
the local educational agency for activities designed to assist in local
school improvement efforts and school reform, and to assist the schools
of such agencies in meeting the National Education Goals.
``(b) Authorized Activities.--Funds under this section may be used
to--
``(1) increase the academic achievement of urban public school
children to at least the national average, such as--
``(A) effective public schools programs;
``(B) tutoring, mentoring, and other activities to improve
academic achievement directly;
``(C) activities designed to increase the participation of
minority and female students in entry level and advanced
courses in mathematics and science;
``(D) supplementary academic instruction;
``(E) efforts to improve problem-solving and higher-order
thinking skills;
``(F) programs to increase student motivation for learning;
and
``(G) efforts to lengthen the school day or school year, or
to reduce class sizes;
``(2) ensure the readiness of all urban public school children
for school, such as--
``(A) full workday, full calendar-year comprehensive early
childhood development programs;
``(B) parenting classes and parent involvement activities;
``(C) activities designed to coordinate prekindergarten and
child care programs;
``(D) efforts to integrate developmentally appropriate
prekindergarten services into the overall public school
program;
``(E) upgrading the qualifications of early childhood
education staff and standards for programs;
``(F) collaborative efforts with health and social service
agencies to provide comprehensive services and to facilitate
the transition from home to school;
``(G) establishment of comprehensive child care centers in
public secondary schools for students who are parents and their
children; and
``(H) augmenting early childhood development programs to
meet the special educational and cultural needs of limited-
English-proficient preschool children;
``(3) increase the graduation rates of urban public school
students to at least the national average, such as--
``(A) dropout prevention activities and support services
for public school students at-risk of dropping out of school;
``(B) reentry, outreach, and support activities to recruit
students who have dropped out of school to return to school;
``(C) development of systemwide policies and practices that
encourage students to stay in school;
``(D) efforts to provide individualized student support,
such as mentoring programs;
``(E) collaborative activities between schools, parents,
community groups, agencies, and institutions of higher
education aimed at preventing individuals from dropping out of
school;
``(F) programs to increase student attendance; and
``(G) alternative programs for students, especially
bilingual and special education students, who have dropped out
of school or are at risk of dropping out of school;
``(4) prepare urban public school students to enter higher
education, pursue careers, and exercise their responsibilities as
citizens, such as--
``(A) activities designed to increase the number and
percentages of students, particularly minority students,
enrolling in postsecondary educational institutions after
graduation from public secondary schools;
``(B) in-school youth employment, vocational education, and
career education programs that improve the transition from
school to work;
``(C) activities designed in collaboration with colleges
and universities to assist urban public school graduates in
completing higher education;
``(D) efforts to increase voter registration among eligible
public secondary school students;
``(E) activities designed to promote community service and
volunteerism among students, parents, teachers, and the
community; and
``(F) civic education and other programs designed to
enhance responsible citizenship and understanding of the
political process;
``(5) recruit and retain qualified teachers, such as--
``(A) school-based management projects and activities;
``(B) programs designed to test efforts to increase the
professionalization of teachers or to bring teachers up to
national voluntary standards;
``(C) alternative routes to certification for qualified
individuals from business, the military, and other fields;
``(D) efforts to recruit and retain teachers, particularly
minority teachers, specializing in critical shortage areas,
including early childhood teachers, mathematics and science
teachers, and special education and bilingual teachers;
``(E) upgrading the skills of teacher aides and
paraprofessionals to permit such individuals to become
certified teachers;
``(F) activities specifically designed to increase the
number of minority teachers in urban schools;
``(G) incentives for teachers to work in inner-city public
schools; and
``(H) collaborative activities with urban universities to
revise and upgrade teacher training programs;
``(6) provide for ongoing staff development to increase the
professional capacities of the teaching staff and the skills of
teacher aides and paraprofessionals;
``(7) decrease the use of drugs and alcohol among urban public
school students and enhance the physical and emotional health of
such students, such as--
``(A) activities designed to improve the self-esteem and
self-worth of urban public school students;
``(B) the provision of health care services and other
social services and the coordination of such services with
other health care providers;
``(C) programs designed to improve safety and discipline
and reduce in-school violence, vandalism, and gang activity;
``(D) activities that begin in the early grades and are
designed to prevent drug and alcohol abuse and smoking among
students and teachers;
``(E) collaborative activities with other agencies,
businesses, and community groups to discourage the
advertisement and glorification of drugs and alcohol;
``(F) efforts to enhance health education and nutrition
education; and
``(G) alternative public schools, and schools-within-
schools programs, including bilingual and special education
programs for public school students with special needs; or
``(8) plan, develop, operate, or expand programs and activities
that are designed to assist urban public schools in meeting the
National Education Goals, including--
``(A) training of teachers and other educational personnel
in subject areas, or in instructional technology and methods
that will improve the delivery of services in urban settings
and assist in the achievement of the National Education Goals,
including staff development efforts that emphasize
multicultural and gender and disability bias-free curricula;
``(B) coordination and collaboration with other municipal
agencies, child care organizations, universities, or the
private sector;
``(C) parental involvement and outreach efforts and other
activities designed to enhance parental encouragement of
student learning;
``(D) pupil services and other support services that
contribute to progress in achieving National Education Goals;
``(E) efforts to acquire and improve access to educational
technology;
``(F) assist the schools most in need of services by
replicating successful efforts of other urban local educational
agencies and expanding successful programs within the eligible
agency; or
``(G) efforts to improve and strengthen the curriculum and
coordinate services across grade levels.
``(c) Applications.--
``(1) In general.--An eligible local educational agency
desiring to receive a grant under this section shall submit an
application to the Secretary at such time, in such manner, and
accompanied by such information as the Secretary may reasonably
require, consistent with this section.
``(2) Duration.--An application submitted pursuant to paragraph
(1) may be for a period of not more than five years.
``(d) Payments.--The Secretary shall make an award only to urban
eligible local educational agencies that--
``(1) comply with the provisions of section 10966; and
``(2) demonstrate to the satisfaction of the Secretary that the
data submitted pursuant to section 10961 shows progress toward
meeting National Education Goals.
``(e) Administrative Costs.--Not more than five percent of any
award made under this subpart may be used for administrative costs.
``SEC. 10964. SPECIAL RULES.
``(a) Special Consideration.--In making awards under this subpart,
the Secretary shall give special consideration to urban eligible local
educational agencies in which there is--
``(1) low achievement;
``(2) high poverty; and
``(3) racial isolation.
``(b) Flexibility.--Each urban eligible local educational agency
shall have the flexibility to serve homeless children, children in
schools undergoing desegregation, immigrants, migrants, or other highly
mobile populations within the program assisted under this subpart.
``Subpart 2--Rural Education Demonstration Grants
``SEC. 10971. FINDINGS.
``The Congress finds that--
``(1) the ability of America's rural public school systems to
meet the National Education Goals will contribute to the economic
competitiveness and academic standing of the Nation in the world
community;
``(2) approximately 60 percent of the Nation's public school
districts are rural with a population of less than 2,500;
``(3) about 1 out of every 4 of America's rural school children
are living below the poverty line;
``(4) the quality of public education in the rural areas of the
Nation has a direct effect on the economic development of the rural
communities of the Nation;
``(5) the success of rural public schools in boosting the
achievement of minority youth attending such schools will determine
the ability of the Nation to close the gap between the haves and
the have-nots in society;
``(6) the academic performance of students in the average rural
school system is below that of students in most other suburban
school systems;
``(7) the average age of rural public school buildings is more
than 45 years old and such buildings are often in serious
disrepair, creating poor and demoralizing working and learning
conditions;
``(8) shortages of teachers for rural public school systems is
greater than in other kinds of school systems;
``(9) solving the challenges facing the Nation's rural public
schools will require the concerted and collaborative efforts of all
levels of government and all sectors of the community;
``(10) additional Federal funding would contribute
significantly to addressing the comprehensive needs of rural
schools;
``(11) rural public schools enroll a disproportionately large
share of the Nation's poor and at-risk youth;
``(12) a declining number of rural public secondary school
graduates are pursuing postsecondary education opportunities;
``(13) rural preschoolers have less access to early childhood
development programs than other children; and
``(14) Federal and State funding of rural public schools has
not adequately reflected need.
``SEC. 10972. PURPOSE.
``It is the purpose of this subpart to provide financial assistance
to rural public schools most in need, to encourage the comprehensive
restructuring of America's rural schools, the appropriate use of
telecommunications technologies for learning, and to support innovative
programs which improve performance through programs and projects
designed to--
``(1) assist rural public schools in meeting National Education
Goals;
``(2) encourage rural public schools to engage in school
reform;
``(3) develop pilot projects that experiment with innovative
ways to teach rural public school children more effectively;
``(4) improve the educational and social well-being of rural
public school children;
``(5) close the achievement gap between children attending
rural public schools and other children, while improving the
achievement level of all children nationally;
``(6) conduct coordinated research on rural education problems,
solutions, promising practices, and distance learning technologies;
``(7) improve the Nation's global economic and educational
competitiveness by improving the Nation's rural public schools;
``(8) encourage community, parental, and business collaboration
in the improvement of rural public schools;
``(9) encourage rural school consortia for the purpose of
increasing efficiency and course offerings;
``(10) encourage a positive role for rural public schools in
local rural entrepreneurship and the identification of rural
community economic development opportunities;
``(11) encourage community-as-school concepts, which include
the role public schools can play to assist with rural community
economic revitalization; and
``(12) provide for the recruitment and meaningful inservice
opportunities for rural public school teachers.
``SEC. 10973. RURAL SCHOOL GRANTS.
``(a) Authority.--The Secretary is authorized to make grants to
rural eligible local educational agencies, or State educational
agencies in the case where the State educational agency is the local
educational agency, for activities designed to assist in local school
improvement efforts.
``(b) Award Rules.--
``(1) Less than $50,000,000.--If the amount made available to
carry out this subpart for any fiscal year is less than
$50,000,000, the Secretary shall award grants under this section on
a competitive basis.
``(2) Equal to or greater than $50,000,000.--If the amount made
available to carry out this subpart for any fiscal year is equal to
or greater than $50,000,000, the Secretary shall award grants under
this section so that a rural eligible local educational agency in
each State receives such a grant.
``(c) Administrative Costs.--Not more than five percent of a grant
awarded under section 10573 shall be used for administrative costs.
``(d) Duration.--Each grant under this section shall be awarded for
a period of not more than five years.
``SEC. 10974. USES OF FUNDS.
``(a) In General.--Grant funds made available under section 10973
may be used by rural eligible local educational agencies to meet the
National Education Goals through programs designed to--
``(1) increase the academic achievement of rural public school
children to at least the national average of such achievement,
including education reform initiatives, such as--
``(A) effective public schools programs;
``(B) tutoring, mentoring, and other activities to improve
academic achievement directly;
``(C) supplementary academic instruction;
``(D) efforts to improve problem-solving and higher-order
critical thinking skills; and
``(E) efforts to lengthen the school day, school year, or
reduce class sizes;
``(2) develop pilot projects that experiment with innovative
ways to teach rural public school children more effectively;
``(3) encourage the formation of rural school consortia for the
purpose of increasing efficiency and course offerings;
``(4) provide meaningful inservice training opportunities for
rural public school teachers;
``(5) assist rural schools in acquiring and improving access to
educational technology, including distance learning technologies;
``(6) ensure the readiness of all rural children for school,
such as--
``(A) full workday, full calendar-year comprehensive early
childhood development programs;
``(B) parenting classes, including parenting classes for
teenage parents, and parent involvement activities;
``(C) activities designed to coordinate prekindergarten and
child care programs;
``(D) efforts to integrate developmentally appropriate
prekindergarten services into the overall public school
program;
``(E) improving the skills of early childhood education
staff and standards for programs;
``(F) collaborative efforts with health and social service
agencies to provide comprehensive services and to facilitate
the transition from home to school;
``(G) establishment of comprehensive child care centers in
public secondary schools for student parents and their
children; and
``(H) augmenting early childhood development programs to
meet the special educational and cultural needs of limited-
English proficient children, children with disabilities, and
migrant preschool children;
``(7) increase the graduation rates of rural public school
students to at least the national average of such rate, when funds
are used to serve secondary schools, such as--
``(A) dropout prevention activities and support services
for students at-risk of dropping out of school;
``(B) reentry, outreach and support activities to recruit
students who have dropped out of school to return to school;
``(C) development of systemwide policies and practices that
encourage students to stay in school;
``(D) efforts to provide individualized student support;
``(E) collaborative activities between schools, parents,
community groups, agencies, and institutions of higher
education aimed at preventing individuals from dropping out of
school;
``(F) programs to increase student attendance; and
``(G) alternative programs for students, especially
bilingual, special education, and migrant students, who have
dropped out of school or are at risk of dropping out of school;
``(8) prepare rural public school students to enter higher
education, pursue careers, and exercise their responsibilities as
citizens, such as--
``(A) activities designed to increase the number and
percentages of students, enrolling in postsecondary educational
institutions after graduation from secondary schools;
``(B) in-school youth employment, vocational education, and
career education programs that improve the transition from
school to work;
``(C) activities designed in collaboration with colleges
and universities to assist rural public school graduates in
completing higher education;
``(D) activities designed in conjunction with community
colleges to provide a kindergarten through grade 14 experience
for rural public school secondary school students;
``(E) efforts to increase voter registration among eligible
public secondary school students attending schools served by
rural eligible local educational agencies;
``(F) activities designed to promote community service and
volunteerism among students, parents, teachers, and the
community;
``(G) civic education, law-related education, and other
programs designed to enhance responsible citizenship and
understanding of the political process; and
``(H) encouraging a positive role for rural public schools
in local rural entrepreneurship and the identification of rural
community economic development opportunities;
``(9) recruit and retain qualified teachers, such as--
``(A) school-based management projects and activities;
``(B) programs designed to increase the status of the
teaching profession;
``(C) alternative routes to certification for qualified
individuals from business, the military, and other fields;
``(D) efforts to recruit and retain teachers in critical
shortage areas, including early childhood teachers, mathematics
and science teachers, foreign language teachers, and special
education and bilingual teachers;
``(E) upgrading the skills of existing classroom teachers
through the use of year-round, systematic, comprehensive
inservice training programs;
``(F) upgrading the skills of teacher aides and
paraprofessionals to assist such individuals in becoming
certified teachers;
``(G) efforts specifically designed to increase the number
of minority teachers in rural public schools;
``(H) programs designed to encourage parents and students
to enter the teaching profession;
``(I) incentives for teachers to work in rural public
schools;
``(J) collaborative activities with colleges and
universities to revise and upgrade teacher training programs to
meet the needs of rural public school students; and
``(K) training activities for the purpose of incorporating
distance learning technologies; or
``(10) decrease the use of drugs and alcohol among rural public
school students, and to enhance the physical and emotional health
of such students, such as--
``(A) activities designed to improve the self-esteem and
self-worth of rural students;
``(B) the provision of health care services and other
social services and the coordination of such services with
other health care providers;
``(C) programs designed to improve safety and discipline
and reduce in-school violence and vandalism;
``(D) activities that begin in the early grades and are
designed to prevent drug and alcohol abuse and smoking among
students;
``(E) collaborative activities with other agencies,
businesses, and community groups;
``(F) efforts to enhance health education and nutrition
education; and
``(G) alternative public schools, and schools-within-
schools programs, including bilingual, migrant, and special
education programs for students with special needs.
``(b) Applications.--Each eligible entity desiring a grant under
section 10973 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 grant awarded under section
10973 shall be of sufficient size and scope to achieve significant
rural school improvement.
``SEC. 10975. HIGHER EDUCATION GRANTS.
``(a) Grants.--The Secretary is authorized to make grants to
institutions of higher education, consortia of such institutions, or
partnerships between institutions of higher education and local
educational agencies to assist rural schools and rural eligible local
educational agencies in undertaking local school improvement
activities.
``(b) Authorized Activities.--Grant funds under this section may be
used to--
``(1) assist rural schools in meeting National Education Goals;
``(2) assist in the recruitment and training of teachers in
rural schools;
``(3) assist rural schools in the development of appropriate
innovative school improvement initiatives;
``(4) provide inservice training opportunities for teachers in
rural schools; and
``(5) provide technical assistance in the use and installation
of innovative telecommunications technology.
``(c) Applications.--Each eligible entity desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and accompanied by such information as the Secretary
may reasonably require.
``Subpart 3--White House Conferences
``SEC. 10981. WHITE HOUSE CONFERENCE ON URBAN EDUCATION.
``(a) Authorization To Call Conference.--
``(1) In general.--The President is authorized to call and
conduct a White House Conference on Urban Education (referred to in
this section as the `Conference') which shall be held not earlier
than November 1, 1995, and not later than October 30, 1996.
``(2) Purpose.--The purpose of the Conference shall be to--
``(A) develop recommendations and strategies for the
improvement of urban education;
``(B) marshal the forces of the private sector,
governmental agencies at all levels, parents, teachers,
communities, and education officials to assist urban public
schools in achieving National Education Goals; and
``(C) conduct the initial planning for a permanent national
advisory commission on urban education.
``(b) Composition of Conference.--
``(1) In general.--The Conference shall be comprised of 12
individuals, including--
``(A) representatives of urban public school systems,
including members of the governing body of local educational
agencies, and school superintendents;
``(B) representatives of the Congress, the Department of
Education, and other Federal agencies;
``(C) State elected officials and representatives from
State educational agencies; and
``(D) individuals with special knowledge of and expertise
in urban education.
``(2) Selection.--The President shall select one-third of the
participants of the Conference, the majority leader of the Senate,
in consultation with the minority leader of the Senate, shall
select one-third of such participants, and the Speaker of the House
of Representatives, in consultation with the minority leader of the
House, shall select the remaining one-third of such participants.
``(3) Representation.--In selecting the participants of the
Conference, the President, the majority leader of the Senate, and
the Speaker of the House of Representatives shall ensure that the
participants are as representative of the ethnic, racial, and
linguistic diversity of cities as is practicable.
``(c) Report.--
``(1) In general.--Not later than 120 days following the
termination of the Conference, a final report of the Conference,
containing such findings and recommendations as may be made by the
Conference, shall be submitted to the President. The final report
shall be made public and, not later than 90 days after receipt by
the President, transmitted to the Congress together with a
statement of the President containing recommendations for
implementing the report.
``(2) Publication and distribution.--The Conference is
authorized to publish and distribute the report described in this
section. Copies of the report shall be provided to the Federal
depository libraries and made available to local urban public
school leaders.
``SEC. 10982. WHITE HOUSE CONFERENCE ON RURAL EDUCATION.
``(a) Authorization To Call Conference.--
``(1) In general.--The President is authorized to call and
conduct a White House Conference on Rural Education (hereafter in
this section referred to as the `Conference').
``(2) Date.--The Conference shall be held not earlier than
November 1, 1995, and not later than October 30, 1996.
``(3) Purpose.--The purposes of the Conference shall be to--
``(A) develop recommendations and strategies for the
improvement of rural public education;
``(B) marshal the forces of the private sector,
governmental agencies at all levels, parents, teachers,
communities, and education officials to assist rural public
schools in achieving National Education Goals, and make
recommendations on the roles rural public schools can play to
assist with local rural community economic revitalization; and
``(C) conduct the initial planning for a permanent national
commission on rural public education.
``(b) Composition of Conference.--
``(1) In general.--The Conference shall be comprised of--
``(A) representatives of eligible public school systems,
including members of the governing body of local educational
agencies, school superintendents, and classroom teachers;
``(B) representatives of the Congress, the Department, and
other Federal agencies;
``(C) State elected officials and representatives from
State educational agencies;
``(D) individuals with special knowledge of, and expertise
in, rural education, including individuals involved with rural
postsecondary education; and
``(E) individuals with special knowledge of, and expertise
in, rural business.
``(2) Selection.--The President shall select one-third of the
participants of the Conference, the majority leader of the Senate,
in consultation with the minority leader of the Senate, shall
select one-third of such participants, and the Speaker of the House
of Representatives, in consultation with the minority leader of the
House, shall select the remaining one-third of such participants.
``(3) Representation.--In selecting the participants of the
Conference, the President, the majority leader of the Senate, and
the Speaker of the House of Representatives shall ensure that the
participants are as representative of the ethnic, racial, and
language diversity of rural areas as is practicable.
``(c) Report.--
``(1) In general.--Not later than 120 days following the
termination of the Conference, a final report of the Conference,
containing such findings and recommendations as may be made by the
Conference, shall be submitted to the President. The final report
shall be made public and, not later than 90 days after receipt by
the President, transmitted to the Congress together with a
statement of the President containing recommendations for
implementing the report.
``(2) Publication and distribution.--The Conference is
authorized to publish and distribute the report described in this
section. Copies of the report shall be provided to the Federal
depository libraries and made available to local rural school
leaders and teachers.
``PART K--NATIONAL WRITING PROJECT
``SEC. 10991. FINDINGS.
``The Congress finds that--
``(1) the United States faces a crisis in writing in schools
and in the workplace;
``(2) the writing problem has been magnified by the rapidly
changing student populations and the growing number of at-risk
students due to limited English proficiency;
``(3) over the past two decades, universities and colleges
across the country have reported increasing numbers of entering
freshmen who are unable to write at a level equal to the demands of
college work;
``(4) American businesses and corporations are concerned about
the limited writing skills of entry-level workers, and a growing
number of executives are reporting that advancement was denied to
them due to inadequate writing abilities;
``(5) the writing problem has been magnified by the rapidly
changing student populations in the Nation's schools and the
growing number of students who are at risk because of limited
English proficiency;
``(6) writing and reading are both fundamental to learning, yet
writing has been historically neglected in the schools and
colleges, and most teachers in the United States elementary
schools, secondary schools, and colleges have not been trained to
teach writing;
``(7) since 1973, the only national program to address the
writing problem in the Nation's schools has been the National
Writing Project, a network of collaborative university-school
programs whose goal is to improve the quality of student writing
and the teaching of writing at all grade levels and to extend the
uses of writing as a learning process through all disciplines;
``(8) the National Writing Project offers summer and school
year inservice teacher training programs and a dissemination
network to inform and teach teachers of developments in the field
of writing;
``(9) the National Writing Project is a nationally recognized
and honored nonprofit organization that recognizes that there are
teachers in every region of the country who have developed
successful methods for teaching writing and that such teachers can
be trained and encouraged to train other teachers;
``(10) the National Writing Project has become a model for
programs to improve teaching in such other fields as mathematics,
science, history, literature, performing arts, and foreign
languages;
``(11) the National Writing Project teacher-teaching-teachers
program identifies and promotes what is working in the classrooms
of the Nation's best teachers;
``(12) the National Writing Project teacher-teaching-teachers
project is a positive program that celebrates good teaching
practices and good teachers and through its work with schools
increases the Nation's corps of successful classroom teachers;
``(13) evaluations of the National Writing Project document the
positive impact the project has had on improving the teaching of
writing, student performance, and student thinking and learning
ability;
``(14) the National Writing Project programs offer career-long
education to teachers, and teachers participating in the National
Writing Project receive graduate academic credit;
``(15) each year over 100,000 teachers voluntarily seek
training in National Writing Project intensive summer institutes
and workshops and school year in-service programs through one of
the 154 regional sites located in 45 States, the Commonwealth of
Puerto Rico, and in 4 sites that serve United States teachers in
United States dependent and independent schools;
``(16) 250 National Writing Project sites are needed to
establish regional sites to serve all teachers;
``(17) private foundation resources, although generous in the
past, are inadequate to fund all of the National Writing Project
sites needed and the future of the program is in jeopardy without
secure financial support;
``(18) independent evaluation studies have found the National
Writing Project to be highly cost effective compared to other
professional development programs for teachers; and
``(19) during 1991, the first year of Federal support for the
National Writing Project, the National Writing Project matched the
$1,951,975 in Federal support with $9,485,504 in matching funds
from State, local, and other sources.
``SEC. 10992. NATIONAL WRITING PROJECT.
``(a) Authorization.--The Secretary is authorized to make a grant
to the National Writing Project (hereafter in this section referred to
as the `grantee'), a nonprofit educational organization which has as
its primary purpose the improvement of the quality of student writing
and learning, and the teaching of writing as a learning process in the
Nation's classrooms--
``(1) to support and promote the establishment of teacher
training programs, including the dissemination of effective
practices and research findings regarding the teaching of writing
and administrative activities;
``(2) to support classroom research on effective teaching
practice and to document student performance;
``(3) to coordinate activities assisted under this section with
activities assisted under title II; and
``(4) to pay the Federal share of the cost of such programs.
``(b) Requirements of Grant.--The grant shall provide that--
``(1) the grantee will enter into contracts with institutions
of higher education or other nonprofit educational providers
(hereafter in this section referred to as `contractors') under
which the contractors will agree to establish, operate, and provide
the non-Federal share of the cost of teacher training programs in
effective approaches and processes for the teaching of writing;
``(2) funds made available by the Secretary to the grantee
pursuant to any contract entered into under this section will be
used to pay the Federal share of the cost of establishing and
operating teacher training programs as provided in paragraph (1);
and
``(3) the grantee will meet such other conditions and standards
as the Secretary determines to be necessary to assure compliance
with the provisions of this section and will provide such technical
assistance as may be necessary to carry out the provisions of this
section.
``(c) Teacher Training Programs.--The teacher training programs
authorized in subsection (a) shall--
``(1) be conducted during the school year and during the summer
months;
``(2) train teachers who teach grades kindergarten through
college;
``(3) select teachers to become members of a National Writing
Project teacher network whose members will conduct writing
workshops for other teachers in the area served by each National
Writing Project site; and
``(4) encourage teachers from all disciplines to participate in
such teacher training programs.
``(d) Federal Share.--
``(1) In general.--Except as provided in paragraph (2) or (3)
and for purposes of subsection (a), the term `Federal share' means,
with respect to the costs of teacher training programs authorized
in subsection (a), 50 percent of such costs to the contractor.
``(2) Waiver.--The Secretary may waive the provisions of
paragraph (1) on a case-by-case basis if the National Advisory
Board described in subsection (f) determines, on the basis of
financial need, that such waiver is necessary.
``(3) Maximum.--The Federal share of the costs of teacher
training programs conducted pursuant to subsection (a) may not
exceed $40,000 for any one contractor, or $200,000 for a statewide
program administered by any one contractor in at least five sites
throughout the State.
``(e) Classroom Teacher Grants.--
``(1) In general.--The National Writing Project may reserve an
amount not to exceed 5 percent of the amount appropriated pursuant
to the authority of this section to make grants, on a competitive
basis, to elementary and secondary school teachers to pay the
Federal share of the cost of enabling such teachers to--
``(A) conduct classroom research;
``(B) publish models of student writing;
``(C) conduct research regarding effective practices to
improve the teaching of writing; and
``(D) conduct other activities to improve the teaching and
uses of writing.
``(2) Supplement and not supplant.--Grants awarded pursuant to
paragraph (1) shall be used to supplement and not supplant State
and local funds available for the purposes set forth in paragraph
(1).
``(3) Maximum grant amount.--Each grant awarded pursuant to
this subsection shall not exceed $2,000.
``(4) Federal share.--For the purpose of this subsection the
term `Federal share' means, with respect to the costs of activities
assisted under this subsection, 50 percent of such costs to the
elementary or secondary school teacher.
``(f) National Advisory Board.--
``(1) Establishment.--The National Writing Project shall
establish and operate a National Advisory Board.
``(2) Composition.--The National Advisory Board established
pursuant to paragraph (1) shall consist of--
``(A) national educational leaders;
``(B) leaders in the field of writing; and
``(C) such other individuals as the National Writing
Project deems necessary.
``(3) Duties.--The National Advisory Board established pursuant
to paragraph (1) shall--
``(A) advise the National Writing Project on national
issues related to student writing and the teaching of writing;
``(B) review the activities and programs of the National
Writing Project; and
``(C) support the continued development of the National
Writing Project.
``(g) Evaluation.--
``(1) In general.--The Secretary shall conduct an independent
evaluation by grant or contract of the teacher training programs
administered pursuant to this Act in accordance with section 14701.
Such evaluation shall specify the amount of funds expended by the
National Writing Project and each contractor receiving assistance
under this section for administrative costs. The results of such
evaluation shall be made available to the appropriate committees of
the Congress.
``(2) Funding limitation.--The Secretary shall reserve not more
than $150,000 from the total amount appropriated pursuant to the
authority of subsection (i) for fiscal year 1994 and the four
succeeding fiscal years to conduct the evaluation described in
paragraph (1).
``(h) Application Review.--
``(1) Review board.--The National Writing Project shall
establish and operate a National Review Board that shall consist
of--
``(A) leaders in the field of research in writing; and
``(B) such other individuals as the National Writing
Project deems necessary.
``(2) Duties.--The National Review Board shall--
``(A) review all applications for assistance under this
subsection; and
``(B) recommend applications for assistance under this
subsection for funding by the National Writing Project.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated for the grant to the National Writing Project, $4,000,000
for fiscal year 1995, and such sums as may be necessary for each of the
four succeeding fiscal years, to carry out the provisions of this
section.
``PART L--THE EXTENDED TIME FOR LEARNING AND LONGER SCHOOL YEAR
``SEC. 10993. THE EXTENDED TIME FOR LEARNING AND LONGER SCHOOL YEAR.
``(a) Findings.--The Congress finds that--
``(1) the Commission on Time and Learning has found that--
``(A) realizing the third National Education Goal, that
states all students will leave grades four, eight and twelve
having demonstrated competency in challenging subject matter,
including English, mathematics, science, foreign languages,
civics and government, economics, arts, history, and geography,
will require considerably more common core learning time than
most students now receive;
``(B) ensuring that all students learn to high standards
will require flexibility and innovation in the use of common
core learning time, as well as the rest of the time students
spend both during and beyond the school day;
``(C) teachers need regular, sustained time for lesson
development, collegial collaboration and other professional
development;
``(D) schools, businesses, community-based organizations,
tribal leaders, and other community agencies and members should
work together to foster effective learning and enrichment
programs and activities for students, including programs that
operate outside of the regular school day or year;
``(E) for most students in the United States, the school
year is 180 days long. In Japan students go to school 243 days
per year, in Germany students go to school 240 days per year,
in Austria students go to school 216 days per year, in Denmark
students go to school 200 days per year, and in Switzerland
students go to school 195 days per year; and
``(F) in the final four years of schooling, students in
schools in the United States are required to spend a total of
1,460 hours on core academic subjects, less than half of the
3,528 hours so required in Germany, the 3,280 hours so required
in France, and the 3,170 hours so required in Japan;
``(2) increasing the amount and duration of intensive, engaging
and challenging learning activities geared to high standards can
increase student motivation and achievement;
``(3) the benefits of extending learning time, including common
core instructional time, can be maximized by concurrent changes in
curriculum and instruction, such as accelerated learning, and
engaging, interactive instruction based on challenging content;
``(4) maximizing the benefit of increased common core and other
learning time will require the collaboration and cooperation of
teachers and administrators, students, parents, community members
and organizations, businesses and others to develop strategies to
meet the needs of students during and beyond the school day and
year;
``(5) a competitive world economy requires that students in the
United States receive education and training that is at least as
rigorous and high-quality as the education and training received by
students in competitor countries;
``(6) despite our Nation's transformation from a farm-based
economy to one based on manufacturing and services, the school year
is still based on the summer needs of an agrarian economy;
``(7) American students' lack of formal schooling is not
counterbalanced with more homework. The opposite is true, as half
of all European students report spending at least two hours on
homework per day, compared to only 29 percent of American students.
Twenty-two percent of American students watch five or more hours of
television per day, while less than eight percent of European
students watch that much television;
``(8) more than half of teachers surveyed in the United States
cite `children who are left on their own after school' as a major
problem;
``(9) over the summer months, disadvantaged students not only
fail to advance academically, but many forget much of what such
students had learned during the previous school year;
``(10) funding constraints as well as the strong pull of
tradition have made extending the school year difficult for most
States and school districts; and
``(11) experiments with extended and multi-track school years
have been associated with both increased learning and more
efficient use of school facilities.
``(b) Purposes.--It is the purpose of this part to--
``(1) provide seed money to schools and local educational
agencies to enable such agencies to devise and implement strategies
and methods for upgrading the quality of, and extending,
challenging, engaging learning time geared to high standards for
all students; and
``(2) allow the Secretary to provide financial incentives and
assistance to States or local educational agencies to enable such
States or agencies to substantially increase the amount of time
that students spend participating in quality academic programs, and
to promote flexibility in school scheduling.
``(c) Program Authorized.--
``(1) In general.--The Secretary is authorized to award grants
to local educational agencies having applications approved under
subsection (d) to enable such agencies to carry out the authorized
activities described in subsection (e) in public elementary and
secondary schools.
``(2) Amount.--The Secretary shall, to the extent practicable,
provide an equitable distribution of grants under this section.
``(3) Duration.--Each grant under subsection (a) shall be
awarded for a period of not more than three years.
``(4) Priority.--The Secretary shall give priority to awarding
grants under this part to local educational agencies that serve
schools with high percentages of students in poverty.
``(d) Application.--Each local educational agency desiring a grant
under this section shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the
Secretary may require. Each such application shall describe--
``(1) the activities for which assistance is sought;
``(2) any study or other information-gathering project for
which funds will be used;
``(3) strategies and methods the applicant will use to enrich
and extend learning time for all students and to maximize the
percentage of common core learning time in the school day, such as
block scheduling, team teaching, longer school days or years, and
extending learning time through new distance-learning technologies;
``(4) the strategies and methods the applicant will use,
including changes in curriculum and instruction, to challenge and
engage students and to maximize the productiveness of common core
learning time, as well as the total time students spend in school
and in school-related enrichment activities;
``(5) the strategies and methods the applicant intends to
employ to provide continuing financial support for the
implementation of any extended school day or school year;
``(6) with respect to any application seeking assistance for
activities described under subsection (e)(4), a description of any
feasibility or other studies demonstrating the sustainability of a
longer school year;
``(7) the extent of involvement of teachers and other school
personnel in investigating, designing, implementing and sustaining
the activities assisted under this part;
``(8) the process to be used for involving parents and other
stakeholders in the development and implementation of the
activities assisted under this part;
``(9) any cooperation or collaboration among public housing
authorities, libraries, businesses, museums, community-based
organizations, and other community groups and organizations to
extend engaging, high-quality, standards-based learning time
outside of the school day or year, at the school or at some other
site;
``(10) the training and professional development activities
that will be offered to teachers and others involved in the
activities assisted under this part;
``(11) the goals and objectives of the activities assisted
under this part, including a description of how such activities
will assist all students to reach State standards;
``(12) the methods by which the applicant will assess progress
in meeting such goals and objectives; and
``(13) how the applicant will use funds provided under this
part in coordination with other funds provided under this Act or
other Federal laws.
``(e) Authorized Activities.--Funds under this section may be
used--
``(1) to study the feasibility of, and effective methods for,
extending learning time within or beyond the school day or year,
including consultation with other schools or local educational
agencies that have designed or implemented extended learning time
programs;
``(2) to conduct outreach to and consult with community
members, including parents, students, and other stakeholders, such
as tribal leaders, to develop a plan to extend learning time within
or beyond the school day or year;
``(3) to develop and implement an outreach strategy that will
encourage collaboration with public housing authorities, libraries,
businesses, museums, community-based organizations, and other
community groups and organizations to coordinate challenging, high-
quality educational activities outside of the school day or year;
``(4) to support public school improvement efforts that include
expansion of time devoted to core academic subjects and the
extension of the school year to 210 days;
``(5) to research, develop and implement strategies, including
changes in curriculum and instruction, for maximizing the quality
and percentage of common core learning time in the school day and
extending learning time during or beyond the school day or year;
``(6) to provide professional development for school staff in
innovative teaching methods that challenge and engage students, and
also increase the productivity of extended learning time; and
``(7) to develop strategies to include parents, business
representatives, and other community members in the extended time
activities, especially as facilitators of activities that enable
teachers to have more time for planning, individual student
assistance, and professional development activities.
``(f) Definitions.--For the purpose of this section the term
`common core learning time' means high-quality, engaging instruction in
challenging content in each of the following core academic subjects
described in the third National Education Goal:
``(1) English.
``(2) Mathematics.
``(3) Science.
``(4) Foreign languages.
``(5) Civics and government.
``(6) Economics.
``(7) Arts.
``(8) History.
``(9) Geography.
``(g) Administration.--
``(1) Peer review.--The Secretary shall award grants under this
section pursuant to a peer review process.
``(2) Diversity.--In awarding grants under this section the
Secretary shall ensure that such grants are awarded to a diversity
of local educational agencies, including such agencies that serve
rural and urban areas.
``(h) Appropriations Authorization.--
``(1) In general.--For the purpose of carrying out this section
there are authorized to be appropriated $90,000,000 for fiscal year
1995 and such sums as may be necessary for each of the four
succeeding fiscal years.
``(2) Limitation.--Not less than 80 percent of any amount
appropriated under paragraph (1) shall be made available to
applicants seeking to extend their school year to not fewer than
210 days.
``PART M--TERRITORIAL ASSISTANCE
``SEC. 10995. GENERAL ASSISTANCE FOR THE VIRGIN ISLANDS.
``There are authorized to be appropriated $5,000,000 for fiscal
year 1995 and for each of the 4 succeeding fiscal years, for the
purpose of providing general assistance to improve public education in
the Virgin Islands.
``TITLE XI--COORDINATED SERVICES
``SEC. 11001. FINDINGS AND PURPOSE.
``(a) Findings.--The Congress finds the following:
``(1) Growing numbers of children are negatively affected by
influences outside of the classroom which increase such children's
risk of academic failure.
``(2) Factors such as poor nutrition, unsafe living conditions,
physical and sexual abuse, family and gang violence, inadequate
health care, unemployment, lack of child care, and substance abuse,
adversely affect family relationships and the ability of a child to
learn.
``(3) Parents and other caregivers in today's high pressure
society often face demands which place restraints on such parents'
and caregivers' time and affect such parents' and caregivers'
ability to adequately provide for the needs of the families of such
parents and caregivers.
``(4) Access to health and social service programs can address
the basic physical and emotional needs of children so that children
can fully participate in the learning experiences offered children
in school.
``(5) Services for at-risk students need to be more convenient,
and less fragmented, regulated and duplicative, in order to meet
the needs of children and their families.
``(6) School personnel, parents, and support service providers
often lack knowledge of, and access to, available services for at-
risk students and their families in the community, and have few
resources to coordinate services and make services accessible.
``(7) Service providers, such as teachers, social workers,
health care and child care providers, juvenile justice workers and
others, are often trained in separate disciplines that provide
little support for the coordination of services.
``(8) Coordination of services is more cost effective because
such coordination substitutes prevention for expensive crisis
intervention.
``(9) Coordinating health and social services with education
can help the Nation meet the National Education Goals by ensuring
better outcomes for children.
``(b) Purpose of Coordinating Services.--The purpose of this title
is to provide elementary and secondary school students and their
families better access to the social, health and education services
necessary for students to succeed in school and for their families to
take an active role in ensuring that such students receive the best
possible education.
``SEC. 11002. DEFINITIONS.
``For the purpose of this title--
``(1) the term `coordinated services project' means a
comprehensive approach to meeting the educational, health, social
service, and other needs of children and their families, including
foster children and their foster families, through a communitywide
partnership that links public and private agencies providing such
services or access to such services through a coordination site at
or near a school; and
``(2) the term `eligible entity' means a local educational
agency, school, or a consortium of schools.
``SEC. 11003. AUTHORITY.
``In order to use funds made available under section 14206(b) for
the development, or the implementation or expansion, of a coordinated
service project an eligible entity shall have an application approved
under subsection (b) or (c), respectively, of section 11004.
``SEC. 11004. PROJECT DEVELOPMENT AND IMPLEMENTATION.
``(a) Applications.--Each eligible entity desiring to use funds
made available under section 14206(b) shall submit an application to
the Secretary at such time, in such manner and accompanied by such
information as the Secretary may reasonably require.
``(b) Project Development Plan.--The application for the
development of the coordinated services project under this title shall
cover a period of not more than 1 year and shall include a plan that--
``(1) demonstrates that an assessment will be performed of the
economic, social, and health barriers to educational achievement
experienced by children and families, including foster children and
their foster families, in the community, and the local, State,
Federal, and privately funded services available to meet such
needs;
``(2) identifies the measures that will be taken to establish a
communitywide partnership that links public and private agencies
providing services to children and families; and
``(3) identifies any other measures that will be taken to
develop a comprehensive plan for the implementation or expansion of
a coordinated services project.
``(c) Project Implementation or Expansion Plan.--The application
for the implementation or expansion of a coordinated services project
under this title shall contain a plan that includes--
``(1) the results of a children and families needs assessment,
which shall include an assessment of the needs of foster children;
``(2) a description of the entities operating the coordinated
services project;
``(3) a description of the proposed coordinated services
project, the objectives of such project, where such project will be
located, and the staff that will be used to carry out such project;
``(4) a description of how the success of the coordinated
services project will be evaluated;
``(5) a description of the training to be provided to teachers
and appropriate personnel;
``(6) information regarding whether a sliding scale fee for
services will be employed, and if not, an explanation of why such
scale is not feasible; and
``(7) when applicable, strategies to ensure that the health and
welfare needs of migratory families are addressed.
``SEC. 11005. USES OF FUNDS.
``(a) Uses.--
``(1) In general.--Funds made available under section 14206(b)
may be used for planning for, or the implementation or expansion
of, activities which include--
``(A) hiring a services coordinator;
``(B) making minor renovations to existing buildings;
``(C) purchasing basic operating equipment;
``(D) improving communications and information-sharing
among entities participating in the coordinated services
project;
``(E) providing training to teachers and appropriate
personnel concerning such teacher's and personnel's role in a
coordinated services project; or
``(F) conducting the needs assessment required in section
11004(b)(1).
``(2) Prohibition.--Funds made available under section 14206(b)
shall not be used for the direct provision of any health or health-
related services.
``(b) Federal Funds To Supplement, Not Supplant, Non-Federal
Funds.--An eligible entity shall use funds received under this title
only to supplement the amount of funds that would, in the absence of
such Federal funds, be made available from non-Federal sources for
coordinated services, and not to supplant such funds.
``SEC. 11006. CONTINUING AUTHORITY.
``The Secretary shall prohibit an eligible entity from using funds
made available under section 14206(b) if the Secretary determines that
the coordinated services project assisted under this title is not
achieving effective coordination after two years of implementation of
such project.
``SEC. 11007. FEDERAL AGENCY COORDINATION.
``(a) Agency Coordination.--The Secretaries of Education, Health
and Human Services, Labor, Housing and Urban Development, Treasury, and
Agriculture, and the Attorney General shall review the programs
administered by their agencies to identify barriers to service
coordination.
``(b) Report to Congress.--Such Secretaries and the Attorney
General shall submit jointly a report to the Congress not later than
two years after the date of the enactment of the Improving America's
Schools Act of 1994, based on the review required under subsection (a)
recommending legislative and regulatory action to address such
barriers, and during the time preceding the submission of such report,
shall use waiver authorities authorized under this and other Acts to
address such barriers.
``TITLE XII--SCHOOL FACILITIES INFRASTRUCTURE IMPROVEMENT ACT
``SEC. 12001. SHORT TITLE.
``This title may be cited as the `Education Infrastructure Act of
1994'.
``SEC. 12002. FINDINGS.
``The Congress finds the following:
``(1) According to a 1991 survey conducted by the American
Association of School Administrators, 74 percent of all public
school buildings in the United States need to be replaced.
``(2) Almost one-third of such buildings were built prior to
World War II.
``(3) It is estimated that one of every four public school
buildings in the United States is in inadequate condition, and of
such buildings, 61 percent need maintenance or major repairs, 43
percent are obsolete, 42 percent contain environmental hazards, 25
percent are overcrowded, and 13 percent are structurally unsound.
``(4) Large numbers of local educational agencies have
difficulties securing financing for school facility improvement,
including school libraries, media centers, and facilities.
``(5) Improving the quality of public elementary and secondary
schools will help our Nation meet the National Education Goals.
``(6) The challenges facing our Nation's public elementary and
secondary schools require the concerted and collaborative efforts
of all levels of government and all sectors of the community.
``SEC. 12003. PURPOSE.
``The purpose of this title is to help the Nation meet the National
Education Goals through the provision of Federal funds to enable local
educational agencies to meet the costs associated with the improvement
of schools within their jurisdiction.
``SEC. 12004. IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION
FACILITIES PROGRAM AUTHORIZED.
``(a) Program Authority.--
``(1) In general.--From amounts appropriated under section
12013 for any fiscal year, the Secretary shall award grants to
eligible local educational agencies with applications approved
under section 12005 to carry out the authorized activities
described in section 12007.
``(2) Special rule.--The Secretary may reserve not more than 1
percent of the amount appropriated under section 12013 to provide
assistance to Indian schools in accordance with this title.
``(b) Award Categories.--
``(1) In general.--From the funds appropriated to carry out
this title for each fiscal year, the Secretary shall award grants
to eligible local educational agencies in each of the following
categories:
``(A) Eligible local educational agencies in which the
number of students enrolled is less than 2,500.
``(B) Such agencies in which such number is 2,500 or
greater but less than 5,000.
``(C) Such agencies in which such number is 5,000 or
greater but less than 10,000.
``(D) Such agencies in which such number is 10,000 or
greater but less than 25,000.
``(E) Such agencies in which such number is 25,000 or
greater but less than 50,000.
``(F) Such agencies in which such number is 50,000 or
greater.
``(c) Maximum Award Amounts.--The Secretary shall annually set the
maximum award amounts for each category described in subsection (b)(1).
``SEC. 12005. AWARD OF GRANTS.
``(a) Criteria.--The Secretary shall award grants under this title
on the basis of--
``(1) high numbers or percentages of the total number of
children aged 5 to 17, inclusive, residing in the geographic area
served by an eligible local educational agency who are counted
under subpart 2 of part A of title I;
``(2) the extent to which the eligible local educational agency
lacks the fiscal capacity, including the ability to raise funds
through the full use of such agency's bonding capacity and
otherwise, to undertake the project without Federal assistance;
``(3) the threat of the condition of the physical plant poses
to the safety and well-being of students;
``(4) the demonstrated need for the construction,
reconstruction, or renovation based on the condition of the
facility;
``(5) the age of the facility to be renovated or replaced; and
``(6) such other criteria as the Secretary may prescribe by
regulation.
``(b) Allocation Among Categories.--The Secretary shall allocate
funds under this title among each of the categories described in
paragraph (1) on such basis as the Secretary determines is appropriate,
including--
``(1) the relative numbers or percentages of students counted
under subpart 2 of part A of title I; and
``(2) the relative costs of carrying out activities under this
title in eligible local educational agencies in each such category.
``(c) Frequency of Awards.--No local educational agency may receive
more than one grant under this title in any five-year period.
``(d) Special Rule.--The Secretary shall only award grants under
this title if the Secretary determines that sufficient funds will be
provided under this title or from other sources, such as the issuance
of bonds, or savings generated from performance contracting, to carry
out the activities for which assistance is sought.
``SEC. 12006. APPLICATIONS.
``(a) Applications Required.--Each eligible local educational
agency desiring to receive a grant under this title shall submit an
application to the Secretary.
``(b) Application Contents.--Each application described in
subsection (a) shall contain--
``(1) an assurance that the application was developed in
consultation with parents and classroom teachers;
``(2) a description of each architectural, civil, structural,
mechanical, or electrical deficiency to be corrected with funds
provided under this title, including the priority for the repair of
the deficiency;
``(3) a description of the criteria used by the applicant to
determine the type of corrective action necessary to meet the
purpose of this title;
``(4) a description of the improvement to be supported with
funds provided under this title;
``(5) a cost estimate of the proposed improvement;
``(6) an identification of other resources, such as unused
bonding capacity, that are available to carry out the activities
for which funds are requested under this title;
``(7) a description of how activities supported with funds
provided under this title will promote energy conservation; and
``(8) such other information and assurances as the Secretary
may reasonably require.
``SEC. 12007. AUTHORIZED ACTIVITIES.
``(a) In General.--Each eligible local educational agency receiving
a grant under this title shall use the grant funds only to ensure the
health and safety of students through the repair, renovation,
alteration, and construction of a public elementary or secondary school
library, media center, or facility, used for academic or vocational
instruction.
``(b) Particular Activities.--Subject to subsection (a), each
eligible local educational agency receiving a grant under this title
may use the grant funds to meet the requirements of section 504 of the
Rehabilitation Act of 1973 and the Americans with Disabilities Act of
1990.
``SEC. 12008. GENERAL PROVISIONS.
``(a) Budget and Accounting.--In the performance of, and with
respect to, the functions, powers, and duties under this title, the
Secretary, notwithstanding the provisions of any other law, shall--
``(1) prepare annually and submit a budget program as provided
for wholly owned Government corporations by chapter 91 of title 31,
United States Code; and
``(2) maintain a set of accounts which shall be audited by the
Comptroller General in accordance with the provisions of chapter 35
of title 31, United States Code, but such financial transactions of
the Secretary, as the making of loans and vouchers approved by the
Secretary, in connection with such financial transactions shall be
final and conclusive upon all officers of the Government.
``(b) Use of Funds.--Funds made available to the Secretary pursuant
to the provisions of this title shall be deposited in a checking
account or accounts with the Treasurer of the United States. Receipts
and assets obtained or held by the Secretary in connection with the
performance of functions under this title, and all funds available for
carrying out the functions of the Secretary under this title (including
appropriations therefor, which are hereby authorized), shall be
available, in such amounts as may from year to year be authorized by
the Congress, for the administrative expenses of the Secretary in
connection with the performance of such functions.
``(c) Legal Powers.--In the performance of, and with respect to,
the functions, powers, and duties under this title, the Secretary,
notwithstanding the provisions of any other law, may--
``(1) prescribe such rules and regulations as may be necessary
to carry out the purposes of this title;
``(2) sue and be sued;
``(3) foreclose on any property or commence any action to
protect or enforce any right conferred upon the Secretary by any
law, contract, or other agreement, and bid for and purchase at any
foreclosure or any other sale any property in connection with which
the Secretary has made a loan pursuant to this part;
``(4) in the event of any such acquisition, notwithstanding any
other provision of law relating to the acquisition, handling, or
disposal of real property by the United States, complete,
administer, remodel and convert, dispose of, lease, and otherwise
deal with, such property, but any such acquisition of real property
shall not deprive any State or political subdivision of such State
civil or criminal jurisdiction in and over such property or impair
the civil rights under the State or local laws of the inhabitants
on such property;
``(5) sell or exchange at public or private sale, or lease,
real or personal property, and sell or exchange any securities or
obligations, upon such terms as the Secretary may fix;
``(6) obtain insurance against loss in connection with property
and other assets held; and
``(7) include in any contract or instrument made pursuant to
this title such other covenants, conditions, or provisions as may
be necessary to assure that the purposes of this title will be
achieved.
``(d) Contracts for Supplies or Services.--Section 3709 of the
Revised Statutes shall not apply to any contract for services or
supplies on account of any property acquired pursuant to this subtitle
if the amount of such contract does not exceed $1,000.
``(e) Applicability of Government Corporation Control Act.--The
provisions of section 9107(a) of title 31, United States Code, which
are applicable to corporations or agencies subject to chapter 91 of
such title, shall also be applicable to the activities of the Secretary
under this title.
``SEC. 12009. FAIR WAGES.
``All laborers and mechanics employed by contractors or
subcontractors in the performance of any contract and subcontract for
the repair, renovation, alteration, or construction, including painting
and decorating, of any building or work that is financed in whole or in
part by a grant under this title, shall be paid wages not less than
those determined by the Secretary of Labor in accordance with the Act
of March 3, 1931 (commonly known as the Davis-Bacon Act); as amended
(40 U.S.C. 276a-276a-5). The Secretary of Labor shall have the
authority and functions set forth in reorganization plan of No. 14 of
1950 (15 FR 3176; 64 Stat. 1267) and section 2 of the Act of June 1,
1934 (commonly known as the Copeland Anti-Kickback Act) as amended (40
U.S.C. 276c, 48 Stat. 948).
``SEC. 12010. REQUIREMENTS.
``(a) Special Rules.--
``(1) Maintenance of effort.--An eligible local educational
agency may receive a grant under this title for any fiscal year
only if the Secretary finds that either the combined fiscal effort
per student or the aggregate expenditures of that agency and the
State with respect to the provision of free public education by
such local educational agency for the preceding fiscal year was not
less than 90 percent of such combined fiscal effort or aggregate
expenditures for the fiscal year for which the determination is
made.
``(2) Supplement not supplant.--An eligible local educational
agency shall use funds received under this title only to supplement
the amount of funds that would, in the absence of such Federal
funds, be made available from non-Federal sources for the repair,
renovation, alteration, and construction of school facilities used
for educational purposes, and not to supplant such funds.
``(b) General Limitations.--
``(1) Real property.--No part of any grant funds under this
title shall be used for the acquisition of any interest in real
property.
``(2) Maintenance.--Nothing in this title shall be construed to
authorize the payment of maintenance costs in connection with any
projects constructed in whole or in part with Federal funds
provided under this title.
``(3) Environmental safeguards.--All projects carried out with
Federal funds provided under this title shall comply with all
relevant Federal, State, and local environmental laws and
regulations.
``(4) Athletic and similar facilities.--No funds received under
this title shall be used for stadiums or other facilities that are
primarily used for athletic contests or exhibitions or other events
for which admission is charged to the general public.
``SEC. 12011. FEDERAL ASSESSMENT.
``The Secretary shall reserve not more than 1 percent of funds
appropriated for each fiscal year under section 15013--
``(1) to collect such data as the Secretary determines
necessary at the school, local, and State levels;
``(2) to conduct studies and evaluations, including national
studies and evaluations, in order to--
``(A) monitor the progress of projects supported with funds
provided under this title; and
``(B) evaluate the state of United States public elementary
and secondary school libraries, media centers, and facilities;
and
``(3) to report to the Congress by July 1, 1997, regarding the
findings of the studies and evaluations described in paragraph (2).
``SEC. 12012. DEFINITIONS.
``For the purpose of this title--
``(1) the term `construction' means the alteration or
renovation of a building, structure, or facility, including--
``(A) the concurrent installation of equipment; and
``(B) the complete or partial replacement of an existing
facility, but only if such replacement is less expensive and
more cost-effective than alteration, renovation, or repair of
the facility;
``(2) the term `school' means a public structure suitable for
use as a classroom, laboratory, library, media center, or related
facility, the primary purpose of which is the instruction of public
elementary and secondary school students; and
``(3) the term `eligible local educational agency' means a
local educational agency in which--
``(A) not less than 15 percent of the children that reside
in the geographic area served by such agency are eligible to be
counted under subpart 2 of part A of title I of this Act; or
``(B) the United States owns Federal property described in
section 8015(5), that has an assessed value (determined as of
the time or times when acquired) aggregating 90 percent or more
of the assessed value of all real property in such agency
(determined as of the time or times when so acquired); and
``(C) demonstrates in the application submitted under
section 12006 that such agency has urgent repair, renovation,
alteration and construction needs for its public elementary or
secondary schools used for academic or vocational instruction.
``SEC. 12013. AUTHORIZATION.
``There are authorized to be appropriated to carry out this title
$200,000,000 for fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years.
``TITLE XIII--SUPPORT AND ASSISTANCE PROGRAMS TO IMPROVE EDUCATION
``SEC. 13001. FINDINGS.
``The Congress finds that--
``(1) high-quality technical assistance can enhance the
improvements in teaching and learning achieved through the
implementation of programs under this Act;
``(2) comprehensive technical assistance and effective program
dissemination are essential ingredients of the overall strategy of
the Improving America's Schools Act of 1994 to improve programs and
provide all children opportunities to meet challenging State
content standards and challenging State student performance
standards;
``(3) States, local educational agencies, tribes, and schools
serving students with special needs, such as students with limited-
English proficiency and students with disabilities, have great need
for comprehensive technical assistance in order to use funds under
this Act to provide such students with opportunities to learn to
challenging State content standards and challenging State student
performance standards;
``(4) current technical assistance and dissemination efforts
are fragmented and categorical in nature, and thus fail to address
adequately the needs of States, local educational agencies and
tribes for help in integrating into a coherent strategy for
improving teaching and learning the various programs under this Act
with State and local programs and other education reform efforts;
``(5) too little creative use is made of technology as a means
of providing information and assistance in a cost-effective way;
``(6) comprehensive technical assistance can help schools and
school systems focus on improving opportunities for all children to
meet challenging State content standards and challenging State
student performance standards, as such schools and systems
implement programs under this Act;
``(7) comprehensive technical assistance will provide
coordinated assistance to help States, local educational agencies,
tribes, participating colleges and universities, and schools
integrate Federal, State, and local education programs in ways that
contribute to improving schools and entire school systems;
``(8) technical assistance in support of programs under this
Act should be coordinated with the Department's regional offices,
the regional educational laboratories, State Literacy Resource
Centers, vocational resource centers, and other technical
assistance efforts supported by the Department; and
``(9) technical assistance providers should prioritize
assistance for local educational agencies and schools.
``SEC. 13002. PURPOSE.
``The purpose of this title is to create a national technical
assistance and dissemination system to make available to States, local
educational agencies, tribes, schools, and other recipients of funds
under this Act technical assistance in--
``(1) administering and implementing programs under this Act;
``(2) implementing school reform programs in a manner that
improves teaching and learning for all students;
``(3) coordinating such programs with other Federal, State, and
local education plans and activities, so that all students,
particularly students at risk of educational failure, are provided
opportunities to meet challenging State content standards and
challenging State student performance standards; and
``(4) adopting, adapting, and implementing promising and proven
practices for improving teaching and learning.
``PART A--COMPREHENSIVE REGIONAL ASSISTANCE CENTERS
``SEC. 13101. PROGRAM AUTHORIZED.
``(a) Comprehensive Regional Assistance Centers.--
``(1) In general.--The Secretary is authorized to award grants
to, or enter into contracts or cooperative agreements with, public
or private nonprofit entities or consortia of such entities in
order to establish a networked system of 15 comprehensive regional
assistance centers to provide comprehensive training and technical
assistance, related to administration and implementation of
programs under this Act, to States, local educational agencies,
schools, tribes, community-based organizations, and other
recipients of funds under this Act.
``(2) Consideration.--In establishing comprehensive regional
assistance centers and allocating resources among the centers, the
Secretary shall consider--
``(A) the geographic distribution of students assisted
under title I;
``(B) the geographic and linguistic distribution of
students of limited-English proficiency;
``(C) the geographic distribution of Indian students;
``(D) the special needs of students living in urban and
rural areas; and
``(E) the special needs of States and outlying areas in
geographic isolation.
``(3) Special rule.--The Secretary shall establish 1
comprehensive regional assistance center under this section in
Hawaii.
``(b) Service to Indians and Alaska Natives.--The Secretary shall
ensure that each comprehensive regional assistance center that serves a
region with a significant population of Indian or Alaska Native
students shall--
``(1) be awarded to a consortium which includes a tribally
controlled community college or other Indian organization; and
``(2) assist in the development and implementation of
instructional strategies, methods and materials which address the
specific cultural and other needs of Indian or Alaska Native
students.
``(c) Accountability.--To ensure the quality and effectiveness of
the networked system of comprehensive regional assistance centers
supported under this part, the Secretary shall--
``(1) develop, in consultation with the Assistant Secretary for
Elementary and Secondary Education, the Director of Bilingual
Education and Minority Languages Affairs, and the Assistant
Secretary for Educational Research and Improvement, a set of
performance indicators that assesses whether the work of the
centers assists in improving teaching and learning under this Act
for all children, particularly children at risk of educational
failure;
``(2) conduct surveys every two years of populations to be
served under this Act to determine if such populations are
satisfied with the access to and quality of such services;
``(3) collect, as part of the Department's reviews of programs
under this Act, information about the availability and quality of
services provided by the centers, and share that information with
the centers; and
``(4) take whatever steps are reasonable and necessary to
ensure that each center performs its responsibilities in a
satisfactory manner, which may include--
``(A) termination of an award under this part (if the
Secretary concludes that performance has been unsatisfactory)
and the selection of a new center; and
``(B) whatever interim arrangements the Secretary
determines are necessary to ensure the satisfactory delivery of
services under this part to an affected region.
``(d) Duration.--Grants, contracts or cooperative agreements under
this section shall be awarded for a period of 5 years.
``SEC. 13102. REQUIREMENTS OF COMPREHENSIVE REGIONAL ASSISTANCE
CENTERS.
``(a) In General.--Each comprehensive regional assistance center
established under section 13101(a) shall--
``(1) maintain appropriate staff expertise and provide support,
training, and assistance to State educational agencies, tribal
divisions of education, local educational agencies, schools, and
other grant recipients under this Act, in--
``(A) improving the quality of instruction, curricula,
assessments, and other aspects of school reform, supported with
funds under title I;
``(B) implementing effective schoolwide programs under
section 1114;
``(C) meeting the needs of children served under this Act,
including children in high-poverty areas, migratory children,
immigrant children, children with limited-English proficiency,
neglected or delinquent children, homeless children and youth,
Indian children, children with disabilities, and, where
applicable, Alaska Native children and Native Hawaiian
children;
``(D) implementing high-quality professional development
activities for teachers, and where appropriate, administrators,
pupil services personnel and other staff;
``(E) improving the quality of bilingual education,
including programs that emphasize English and native language
proficiency and promote multicultural understanding;
``(F) creating safe and drug-free environments, especially
in areas experiencing high levels of drug use and violence in
the community and school;
``(G) implementing educational applications of technology;
``(H) coordinating services and programs to meet the needs
of students so that students can fully participate in the
educational program of the school;
``(I) expanding the involvement and participation of
parents in the education of their children;
``(J) reforming schools, school systems, and the governance
and management of schools;
``(K) evaluating programs; and
``(L) meeting the special needs of students living in urban
and rural areas and the special needs of local educational
agencies serving urban and rural areas;
``(2) ensure that technical assistance staff have sufficient
training, knowledge, and expertise in how to integrate and
coordinate programs under this Act with each other, as well as with
other Federal, State, and local programs and reforms;
``(3) provide technical assistance using the highest quality
and most cost-effective strategies possible;
``(4) coordinate services, work cooperatively, and regularly
share information with, the regional educational laboratories, the
Eisenhower regional consortia under part C, research and
development centers, State literacy centers authorized under the
National Literacy Act of 1991, and other entities engaged in
research, development, dissemination, and technical assistance
activities which are supported by the Department as part of a
Federal technical assistance system, to provide a broad range of
support services to schools in the region while minimizing the
duplication of such services;
``(5) work collaboratively with the Department's regional
offices;
``(6) consult with representatives of State educational
agencies, local educational agencies, and populations served under
this Act;
``(7) provide services to States, local educational agencies,
tribes, and schools, in coordination with the National Diffusion
Network State Facilitators activities under section 13201, in order
to better implement the purposes of this part and provide the
support and assistance diffusion agents need to carry out such
agents' mission effectively; and
``(8) provide professional development services to State
educational agencies, local educational agencies, and the National
Diffusion Network State Facilitators to increase the capacity of
such entities to provide high-quality technical assistance in
support of programs under this Act.
``(b) Priority.--Each comprehensive regional assistance center
assisted under this part shall give priority to servicing--
``(1) schoolwide programs under section 1114; and
``(2) local educational agencies and Bureau-funded schools with
the highest percentages or numbers of children in poverty.
``SEC. 13103. MAINTENANCE OF SERVICE AND APPLICATION REQUIREMENTS.
``(a) Maintenance of Service.--The Secretary shall ensure that the
comprehensive regional assistance centers funded under this part
provide technical assistance services that address the needs of
educationally disadvantaged students, including students in urban and
rural areas, and bilingual, migrant, immigrant, and Indian students,
that are at least comparable to the level of such technical assistance
services provided under programs administered by the Secretary on the
day preceding the date of enactment of the Improving America's Schools
Act of 1994.
``(b) Application Requirements.--Each entity or consortium desiring
assistance under this part shall submit an application to the Secretary
at such time, in such manner and accompanied by such information, as
the Secretary may require. Each such application shall--
``(1) demonstrate how the comprehensive regional assistance
center will provide expertise and services in the areas described
in section 13102;
``(2) demonstrate how such centers will work with the National
Diffusion Network under section 13201 to conduct outreach to local
educational agencies receiving priority under section 13401;
``(3) demonstrate support from States, local educational
agencies and tribes in the area to be served;
``(4) demonstrate how such centers will ensure a fair
distribution of services to urban and rural areas; and
``(5) provide such other information as the Secretary may
require.
``SEC. 13104. TRANSITION.
``(a) In General.--The Secretary shall use funds appropriated to
carry out this part for fiscal years 1995 and 1996 in order to ensure
an orderly transition and phase in of the comprehensive regional
assistance centers assisted under this part.
``(b) Extension of Previous Centers.--
``(1) In general.--The Secretary shall, notwithstanding any
other provision of law, use funds appropriated under section 13105
to extend or continue contracts and grants for existing categorical
technical assistance centers assisted under this Act (as such Act
was in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) through fiscal year 1996,
and take other necessary steps to ensure a smooth transition of
services provided under this part and that such services will not
be interrupted, curtailed, or substantially diminished.
``(2) Staff expertise.--In planning for the competition for the
new comprehensive regional assistance centers under this part, the
Secretary may draw on the expertise of staff from existing
categorical assistance centers assisted under this Act prior to the
date of enactment of the Improving America's Schools Act of 1994.
``SEC. 13105. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated $70,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the four succeeding fiscal years.
``PART B--NATIONAL DIFFUSION NETWORK
``SEC. 13201. PROGRAM AUTHORIZED.
``(a) Authority.--
``(1) In general.--In order to implement the purposes of this
title, the Secretary is authorized to establish the National
Diffusion Network (hereafter referred to in this Act as `NDN') to
carry out a State-based outreach, consultation, training, and
dissemination program.
``(2) Program requirements.--In carrying out the program under
this part, the Secretary shall award grants and contracts to
National Diffusion Network State Facilitators in each State and
outlying area, and to the Bureau of Indian Affairs, in order to
assist State and local educational agencies, schools, and other
appropriate educational entities--
``(A) to identify and secure appropriate, high-quality
technical assistance from the comprehensive regional assistance
centers under part A and other sources; and
``(B) to identify and implement exemplary or promising
educational programs and practices.
``(b) Eligible Entities.--The Secretary shall award grants and
contracts under this section to public or private nonprofit
organizations or institutions with demonstrated expertise in the areas
of applied education research and program dissemination.
``(c) Administration.--The program under this part shall be
administered through the Office of Reform Assistance and Dissemination
established under section 941(b) of the Educational Research,
Development, Dissemination, and Improvement Act of 1994.
``(d) Coordination.--The National Diffusion Network State
Facilitators shall work in close cooperation, and coordinate their
activities, with the comprehensive regional assistance centers
established under part A.
``(e) State Facilitator Activities.--The National Diffusion Network
State Facilitators shall provide professional development and technical
assistance services to assist State educational agencies, local
educational agencies, tribal divisions of education, schools, family
and adult literacy programs, and other entities assisted under this
Act, in--
``(1) defining such entities' technical assistance needs and
aligning such needs with school reform under title I, professional
development, and technology plans;
``(2) securing the technical assistance and professional
development services that can best fulfill such needs by utilizing
the services of the comprehensive regional assistance centers, the
regional education laboratories, the Eisenhower regional consortia,
State Literacy Resource Centers authorized under the National
Literacy Act of 1991 and other technical assistance providers,
including local providers of professional development services;
``(3) identifying educational technology needs and securing the
necessary technical assistance to address such needs in
coordination with the Eisenhower regional consortia under part C
and the regional technical assistance and professional development
consortia under subpart 3 of title III; and
``(4) utilizing technology, including regional and national
electronic networks, to increase such entities' access to technical
assistance, professional development services, and dissemination of
effective programs and promising practices.
``(f) Additional Duties.--In addition, National Diffusion PNetwork
State Facilitators shall--
``(1) disseminate information about school reform and effective
and promising practices, and help local educational Pagencies and
schools adapt such reform and practices to such agencies' needs;
``(2) identify educational programs and practices for possible
dissemination throughout the State and Nation;
``(3) promote and facilitate teacher networks throughout the
State;
``(4) develop and implement an aggressive outreach plan for
reaching the local educational agencies and schools receiving
priority under section 13401; and
``(5) provide such other outreach, coordination, and
dissemination services as may be necessary to achieve the purposes
of this title.
``(g) National Diffusion Network Effective Programs and Promising
Practices System.--
``(1) In general.--The Secretary shall develop a system of
validating effective programs and promising practices for
dissemination through the National Diffusion Network. Such system
may include exemplary programs funded through any office of the
Department, the National Science Foundation, or other Federal
agencies and shall be coordinated, aligned with, and administered
by, the Office of Reform Assistance and Dissemination established
under section 941(b) of the PEducational Research, Development,
Dissemination, and Improvement Act of 1994.
``(2) Priority.--The Secretary shall give priority to
identifying, validating, and disseminating effective schoolwide
projects, programs addressing the needs of high poverty schools,
and programs with the capacity to offer high-quality, sustained
technical assistance. The Office of Educational Research and
Improvement Office of Reform Assistance and Dissemination shall
also administer a grant program for the purpose of dissemination
and the provision of technical assistance regarding such system.
``(3) Priority of services.--The National Diffusion Network
State Facilitators shall give priority in providing the services
described in this section to--
``(A) schoolwide program under section 1114; and
``(B) local educational agencies and Bureau-funded schools
with the highest percentages or numbers of children in poverty.
``SEC. 13202. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this part, there are authorized
to be appropriated $25,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the four succeeding fiscal years.
``PART C--EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION
CONSORTIA
``SEC. 13301. PROGRAM ESTABLISHED.
``(a) In General.--
``(1) Grants authorized.--The Secretary, in consultation with
the Director of the National Science Foundation, is authorized to
award grants or contracts to eligible entities to enable such
entities to establish and operate regional mathematics and science
education consortia for the purpose of--
``(A) disseminating exemplary mathematics and science
education instructional materials; and
``(B) providing technical assistance for the implementation
of teaching methods and assessment tools for use by elementary
and secondary school students, teachers and administrators.
``(2) Number.--The Secretary, in accordance with the provisions
of this section, shall award at least one grant or contract to an
eligible entity in each region.
``(3) Special rule.--In any fiscal year, if the amount made
available pursuant to section 13308 is less than $4,500,000, then
the Secretary may waive the provisions of paragraph (2) and award
grants or contracts of sufficient size, scope, and quality to carry
out this section.
``(4) Designation.--Each regional consortium assisted under
this section shall be known as an `Eisenhower regional consortium'.
``(b) Grant Term and Review.--Grants or contracts under this part
shall be awarded for a period of not more than five years and shall be
reviewed before the end of the 30-month period beginning on the date
the grant or contract is awarded. Grants or contracts under this part
shall be awarded before the end of the 12-month period beginning on the
date of the enactment of an Act making appropriations to carry out this
part.
``(c) Amount.--In awarding grants or contracts under this part, the
Secretary shall ensure that there is a relatively equal distribution of
the funds made available among the regions, except that the Secretary
may award additional funds to a regional consortium on the basis of
population and geographical conditions of the region being served.
``SEC. 13302. USE OF FUNDS.
``Funds provided under this part may be used by a regional
consortium, under the direction of a regional board established under
section 13304, to--
``(1) work cooperatively with the other regional consortia, the
Eisenhower National Clearinghouse for Science and Mathematics
Education established under section 2102(b) and federally funded
technical assistance providers to more effectively accomplish the
activities described in this section;
``(2) assist, train and provide technical assistance to
classroom teachers, administrators, and other educators to
identify, implement, assess or adapt the instructional materials,
teaching methods and assessment tools described in section
13301(a)(1);
``(3) provide for the training of classroom teachers to enable
such teachers to instruct other teachers, administrators, and
educators in the use of the instructional materials, teaching
methods and assessment tools described in section 13301(a)(1) in
the classroom;
``(4) when necessary, provide financial assistance to enable
teachers and other educators to attend and participate in the
activities of the regional consortium;
``(5) implement programs and activities designed to meet the
needs of groups that are underrepresented in, and underserved by,
mathematics and science education;
``(6) assist State and local educational agencies in
identifying science equipment needs and help such agencies or
consortia thereof assess the need for and desirability of regional
mathematics and science academies;
``(7) develop and disseminate early childhood education
mathematics and science instructional materials;
``(8) disseminate information regarding informal mathematics
and science education activities and programs offered by Federal
agencies and private or public agencies and institutions within the
region;
``(9) collect data on activities assisted under this part in
order to evaluate the effectiveness of the activities of the
regional consortia;
``(10) identify exemplary teaching practices and materials from
within the region and communicate such practices and materials to
the Eisenhower National Clearinghouse for Mathematics and Science
Education;
``(11) communicate, on a regular basis, with entities within
the region who are delivering services to students and teachers of
mathematics and science;
``(12) assist in the development and evaluation of State and
regional plans and activities that hold promise of bringing about
systemic reform in student performance in mathematics and science;
and
``(13) increase the use of informal education entities (such as
science technology centers, museums, libraries, Saturday academies,
and 4H programs) for educational purposes to expand student
knowledge and understanding.
``SEC. 13303. APPLICATION AND REVIEW.
``(a) In General.--Each eligible entity desiring a grant or
contract under this part shall submit an application to the Secretary
at such time, in such manner, and accompanied by such additional
information as the Secretary may reasonably require. Each such
application shall--
``(1) demonstrate that the eligible entity has demonstrated
expertise in the fields of mathematics and science education;
``(2) demonstrate that the eligible entity shall implement and
disseminate mathematics and science education instructional
materials, teaching methods, and assessment tools through a
consortium of the region's mathematics and science education
organizations and agencies;
``(3) demonstrate that the eligible entity shall carry out the
functions of the regional consortium;
``(4) demonstrate that emphasis will be given to programs and
activities designed to meet the needs of groups that are
underrepresented in, and underserved by, mathematics and science
education;
``(5) demonstrate that the business community in the region
served by the regional consortium will play an integral role in
designing and supporting the regional consortium's work;
``(6) demonstrate that the eligible entity will consider the
resources of telecommunications partnerships assisted under the
Star Schools Program Assistance Act (as such Act was in effect on
the day preceding the date of enactment of the Improving America's
Schools Act of 1994) in carrying out the provisions of this part,
where appropriate; and
``(7) assure that the entity will conduct its activities and
supervise its personnel in a manner that effectively ensures
compliance with the copyright laws of the United States under title
17, United States Code.
``(b) Approval of Application.--
``(1) In general.--The Secretary shall approve or disapprove
applications submitted pursuant to subsection (a) in accordance
with the criteria and procedures established under paragraph (2).
``(2) Procedures and criteria.--The Secretary shall develop
procedures and criteria designed to ensure that grants or contracts
are competitively awarded on the basis of merit determined under a
peer review process.
``(3) National panel.--(A) The Secretary, in consultation with
the Director, shall establish a national panel, or to the extent
necessary, panels, to submit to the Secretary recommendations for
awards of grants or contracts under this part. The Secretary shall
appoint the members of such panel or panels.
``(B) Each panel appointed under subparagraph (A) shall include
participation, to the extent feasible, from each region.
``SEC. 13304. REGIONAL BOARDS.
``(a) In General.--Each eligible entity receiving a grant or
contract under this part shall establish a regional board to oversee
the administration and establishment of program priorities for the
regional consortium established by such eligible entity. Such regional
board shall be broadly representative of the agencies and organizations
participating in the regional consortium.
``(b) Prohibition on Use of Federal Funds.--No Federal funds may be
used for the establishment or operation of a regional board required by
subsection (a), except that at the discretion of a regional board,
Federal funds may be used to provide assistance such as travel and
accommodations for board members who could not otherwise afford to
participate as members of the board.
``SEC. 13305. PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.
``(a) Payments.--The Secretary shall pay to each eligible entity
having an application approved under section 13303 the Federal share of
the cost of the activities described in the application.
``(b) Federal Share.--For the purpose of subsection (a), the
Federal share shall be 80 percent.
``(c) Non-Federal Share.--The non-Federal share of the cost of
activities described in the application submitted under section 13303
may be in cash or in kind, fairly evaluated. At least 10 percent of
such non-Federal share shall be from sources other than the Federal
Government, or State or local government.
``SEC. 13306. EVALUATION.
``(a) Evaluation Required.--The Secretary, through the Office of
Educational Research and Improvement and in accordance with section
14701, shall collect sufficient data on, and evaluate the effectiveness
of, the activities of each regional consortium.
``(b) Assessment.--The evaluations described in paragraph (1) shall
include an assessment of the effectiveness of the regional consortium
in meeting the needs of the schools, teachers, administrators and
students in the region.
``(c) Report.--At the end of each grant or contract period, the
Secretary shall submit to the Congress a report on the effectiveness of
the programs conducted at each regional consortium.
``SEC. 13307. DEFINITIONS.
``For purposes of this part:
``(1) The term `eligible entity' means--
``(A) a private nonprofit organization of demonstrated
effectiveness;
``(B) an institution of higher education;
``(C) an elementary or secondary school;
``(D) a State or local educational agency;
``(E) a regional educational laboratory in consortium with
the research and development center established under section
931(c)(1)(B)(i) of the Educational Research, Development,
Dissemination, and Improvement Act of 1994; or
``(F) any combination of the entities described in
subparagraphs (A) through (E),
with demonstrated expertise in mathematics and science education.
``(2) The terms `mathematics' and `science' include the
technology education associated with mathematics and science,
respectively.
``(3) The term `region' means a region of the United States
served by a regional education laboratory that is supported by the
Secretary pursuant to section 405(d)(4)(A)(i) of the General
Education Provisions Act (as such section was in existence on the
day preceding the date of enactment of the Goals 2000: Educate
America Act).
``(4) The term `regional consortium' means each regional
mathematics and science education consortium established pursuant
to section 13301.
``(5) The term `State agency for higher education' means the
State board of higher education or other agency or officer
primarily responsible for the State supervision of higher
education, or, if there is no such officer or agency, an officer or
agency designated for the purpose of carrying out this part by the
Governor or by State law.
``SEC. 13308. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $23,000,000 for fiscal
year 1995, and such sums as may be necessary for each of the 4
succeeding fiscal years, to carry out this part.
``PART D--TECHNOLOGY-BASED TECHNICAL ASSISTANCE
``SEC. 13401. TECHNOLOGY-BASED TECHNICAL ASSISTANCE.
``The Secretary is authorized to provide a technology-based
technical assistance service that will--
``(1) support the administration and implementation of programs
under this Act by providing information, including legal and
regulatory information, and technical guidance and information,
about best practices; and
``(2) be accessible to all States, local educational agencies,
schools, community-based organizations and others who are
recipients of funds under this Act.
``TITLE XIV--GENERAL PROVISIONS
``PART A--DEFINITIONS
``SEC. 14101. DEFINITIONS.
``Except as otherwise provided, for the purposes of this Act, the
following terms have the following meanings:
``(1) Average daily attendance.--(A) Except as provided
otherwise by State law or this paragraph, the term `average daily
attendance' means--
``(i) the aggregate number of days of attendance of all
students during a school year; divided by
``(ii) the number of days school is in session during such
school year.
``(B) The Secretary shall permit the conversion of average
daily membership (or other similar data) to average daily
attendance for local educational agencies in States that provide
State aid to local educational agencies on the basis of average
daily membership or such other data.
``(C) If the local educational agency in which a child resides
makes a tuition or other payment for the free public education of
the child in a school located in another school district, the
Secretary shall, for purposes of this Act--
``(i) consider the child to be in attendance at a school of
the agency making such payment; and
``(ii) not consider the child to be in attendance at a
school of the agency receiving such payment.
``(D) If a local educational agency makes a tuition payment to
a private school or to a public school of another local educational
agency for a child with disabilities, as defined in section
602(a)(1) of the Individuals with Disabilities Education Act, the
Secretary shall, for the purposes of this Act, consider such child
to be in attendance at a school of the agency making such payment.
``(2) Average per-pupil expenditure.--The term `average per-
pupil expenditure' means, in the case of a State or of the United
States--
``(A) without regard to the source of funds--
``(i) the aggregate current expenditures, during the
third fiscal year preceding the fiscal year for which the
determination is made (or, if satisfactory data for that
year are not available, during the most recent preceding
fiscal year for which satisfactory data are available) of
all local educational agencies in the State or, in the case
of the United States for all States (which, for the purpose
of this paragraph, means the 50 States and the District of
Columbia); plus
``(ii) any direct current expenditures by the State for
the operation of such agencies; divided by
``(B) the aggregate number of children in average daily
attendance to whom such agencies provided free public education
during such preceding year.
``(3) Child.--The term `child' means any person within the age
limits for which the State provides free public education.
``(4) Community-based organization.--The term `community-based
organization' means a public or private nonprofit organization of
demonstrated effectiveness that--
``(A) is representative of a community or significant
segments of a community; and
``(B) provides educational or related services to
individuals in the community.
``(5) Consolidated local application.--The term `consolidated
local application' means an application submitted by a local
educational agency pursuant to section 14302.
``(6) Consolidated local plan.--The term `consolidated local
plan' means a plan submitted by a local educational agency pursuant
to section 14302.
``(7) Consolidated state application.--The term `consolidated
State application' means an application submitted by a State
educational agency pursuant to section 14302.
``(8) Consolidated state plan.--The term `consolidated State
plan' means a plan submitted by a State educational agency pursuant
to section 14302.
``(9) County.--The term `county' means one of the divisions of
a State used by the Secretary of Commerce in compiling and
reporting data regarding counties.
``(10) Covered program.--The term `covered program' means each
of the programs authorized by--
``(A) part A of title I;
``(B) part C of title I;
``(C) title II (other than section 2103 and part C);
``(D) subpart 2 of part A of title III;
``(E) part A of title IV (other than section 4114); and
``(F) title VI.
``(11) The term `current expenditures' means expenditures for
free public education--
``(A) including expenditures for administration,
instruction, attendance and health services, pupil
transportation services, operation and maintenance of plant,
fixed charges, and net expenditures to cover deficits for food
services and student body activities; but
``(B) not including expenditures for community services,
capital outlay, and debt service, or any expenditures made from
funds received under title I and title VI.
``(12) Department.--The term `Department' means the Department
of Education.
``(13) Educational service agency.--The term `educational
service agency' means a regional public multiservice agency
authorized by State statute to develop, manage, and provide
services or programs to local educational agencies.
``(14) Elementary school.--The term `elementary school' means a
nonprofit institutional day or residential school that provides
elementary education, as determined under State law.
``(15) Free public education.--The term `free public education'
means education that is provided--
``(A) at public expense, under public supervision and
direction, and without tuition charge; and
``(B) as elementary or secondary school education as
determined under applicable State law, except that such term
does not include any education provided beyond grade 12.
``(16) Gifted and talented.--The term `gifted and talented',
when used with respect to students, children or youth, means
students, children or youth who give evidence of high performance
capability in areas such as intellectual, creative, artistic, or
leadership capacity, or in specific academic fields, and who
require services or activities not ordinarily provided by the
school in order to fully develop such capabilities.
``(17) Institution of higher education.--The term `institution
of higher education' has the meaning given that term in section
1201(a) of the Higher Education Act of 1965.
``(18) Local educational agency.--(A) The term `local
educational agency' means a public board of education or other
public authority legally constituted within a State for either
administrative control or direction of, or to perform a service
function for, public elementary or secondary schools in a city,
county, township, school district, or other political subdivision
of a State, or for such combination of school districts or counties
as are recognized in a State as an administrative agency for its
public elementary or secondary schools.
``(B) The term includes any other public institution or agency
having administrative control and direction of a public elementary
or secondary school.
``(C) The term includes an elementary or secondary school
funded by the Bureau of Indian Affairs but only to the extent that
such inclusion makes such school eligible for programs for which
specific eligibility is not provided to such school in another
provision of law and such school does not have a student population
that is smaller than the student population of the local
educational agency receiving assistance under this Act with the
smallest student population, except that such school shall not be
subject to the jurisdiction of any State educational agency other
than the Bureau of Indian Affairs.
``(19) Mentoring.--The term `mentoring' means a program in
which an adult works with a child or youth on a P1-to-1 basis,
establishing a supportive relationship, providing academic
assistance, and introducing the child or youth to new experiences
that enhance the child or youth's ability to excel in school and
become a responsible citizen.
``(20) Other staff.--The term `other staff' means pupil
services personnel, librarians, career guidance and counseling
personnel, education aides, and other instructional and
administrative personnel.
``(21) Outlying area.--The term `outlying area' means the
Virgin Islands, Guam, American Samoa, the Commonwealth of the
Northern Mariana Islands, and for the purpose of section 1121 and
any other discretionary grant program under this Act, the Republic
of the Marshall Islands, the Federated States of Micronesia, and
the Republic of Palau.
``(22) Parent.--The term `parent' includes a legal guardian or
other person standing in loco parentis.
``(23) Public telecommunication entity.--The term `public
telecommunication entity' has the same meaning given to such term
in section 397(12) of the Communications Act of 1934.
``(24) Pupil services personnel; pupil services.--(A) The term
`pupil services personnel' means school counselors, school social
workers, school psychologists, and other qualified professional
personnel involved in providing assessment, diagnosis, counseling,
educational, therapeutic, and other necessary services (including
related services as such term is defined in section 602(a)(17) of
the Individuals with Disabilities Education Act) as part of a
comprehensive program to meet student needs.
``(B) The term `pupil services' means the services provided by
pupil services personnel.
``(25) Secondary school.--The term `secondary school' means a
nonprofit institutional day or residential school that provides
secondary education, as determined under State law, except that
such term does not include any education beyond grade 12.
``(26) Secretary.--The term `Secretary' means the Secretary of
Education.
``(27) State.--The term `State' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, and each
of the outlying areas.
``(28) State educational agency.--The term `State educational
agency' means the agency primarily responsible for the State
supervision of public elementary and secondary schools.
``(29) Technology.--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 fiber
optic transmission, computer hardware and software, video and audio
laser and CD-ROM disks, video and audio tapes, including
interactive forms of such products and services, or other
technologies.
``SEC. 14102. APPLICABILITY OF THIS TITLE.
``Parts B, C, D, E, and F of this title do not apply to title VIII
of this Act.
``SEC. 14103. APPLICABILITY TO BUREAU OF INDIAN AFFAIRS OPERATED
SCHOOLS.
``For purposes of any competitive program under this Act, a
consortia of schools operated by the Bureau of Indian Affairs, a school
operated under a contract or grant with the Bureau of Indian Affairs in
consortia with another contract or grant school or tribal or community
organization, or a Bureau of Indian Affairs school in consortia with an
institution of higher education, a contract or grant school and tribal
or community organization shall be given the same consideration as a
local educational agency.
``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS
``SEC. 14201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR
ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.
``(a) Consolidation of Administrative Funds.--
``(1) In general.--A State educational agency may consolidate
the amounts specifically made available to such agency for State
administration under one or more of the programs specified under
paragraph (2) if such State educational agency can demonstrate that
the majority of such agency's resources come from non-Federal
sources.
``(2) Applicability.--This section applies to programs under
title I, those covered programs described in subparagraphs (C),
(D), (E), and (F) of section 14101(10), and administrative funds
under section 308(c) of the Goals 2000: Educate America Act.
``(b) Use of Funds.--
``(1) In general.--A State educational agency shall use the
amount available under this section for the administration of the
programs included in the consolidation under subsection (a).
``(2) Additional uses.--A State educational agency may also use
funds available under this section for administrative activities
designed to enhance the effective and coordinated use of funds
under the programs included in the consolidation under subsection
(a), such as--
``(A) the coordination of such programs with other Federal
and non-Federal programs;
``(B) the establishment and operation of peer-review
mechanisms under this Act;
``(C) the administration of this title;
``(D) the dissemination of information regarding model
programs and practices; and
``(E) technical assistance under programs specified in
subsection (a)(2).
``(c) Records.--A State educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual program, to account for costs relating
to the administration of programs included in the consolidation under
subsection (a).
``(d) Review.--To determine the effectiveness of State
administration under this section, the Secretary may periodically
review the performance of State educational agencies in using
consolidated administrative funds under this section and take such
steps as the Secretary finds appropriate to ensure the effectiveness of
such administration.
``(e) Unused Administrative Funds.--If a State educational agency
does not use all of the funds available to such agency under this
section for administration, such agency may use such funds during the
applicable period of availability as funds available under one or more
programs included in the consolidation under subsection (a).
``(f) Consolidation of Funds for Standards and Assessment
Development.--In order to develop challenging State standards and
assessments, a State educational agency may consolidate the amounts
made available to such agency for such purposes under title I of this
Act and title III of the Goals 2000: Educate America Act.
``SEC. 14202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.
``A State educational agency that also serves as a local
educational agency, in such agency's applications or plans under this
Act, shall describe how such agency will eliminate duplication in the
conduct of administrative functions.
``SEC. 14203. CONSOLIDATION OF FUNDS FOR LOCAL ADMINISTRATION.
``(a) General Authority.--In accordance with regulations of the
Secretary, a local educational agency, with the approval of its State
educational agency, may consolidate and use for the administration of
one or more covered programs for any fiscal year not more than the
percentage, established in each covered program, of the total amount
available to the local educational agency under such covered programs.
``(b) State Procedures.--Within one year from the date of enactment
of the Improving America's Schools Act of 1994, a State educational
agency shall, in collaboration with local educational agencies in the
State, establish procedures for responding to requests from local
educational agencies to consolidate administrative funds under
subsection (a) and for establishing limitations on the amount of funds
under covered programs that may be used for administration on a
consolidated basis.
``(c) Conditions.--A local educational agency that consolidates
administrative funds under this section for any fiscal year shall not
use any other funds under the programs included in the consolidation
for administration for that fiscal year.
``(d) Uses of Administrative Funds.--A local educational agency
that consolidates administrative funds under this section may use such
consolidated funds for the administration of covered programs and for
the uses described in section 14201(b)(2).
``(e) Records.--A local educational agency that consolidates
administrative funds under this section shall not be required to keep
separate records, by individual covered program, to account for costs
relating to the administration of covered programs included in the
consolidation.
``SEC. 14204. ADMINISTRATIVE FUNDS STUDIES.
``(a) Federal Funds Study.--
``(1) In general.--The Secretary shall conduct a study of the
use of funds under this Act for the administration, by State and
local educational agencies, of all covered programs, including the
percentage of grant funds used for such purpose in all covered
programs.
``(2) State data.--Beginning in fiscal year 1995 and each
succeeding fiscal year thereafter, each State educational agency
which receives funds under title I shall submit to the Secretary a
report on the use of title I funds for the State administration of
activities assisted under title I. Such report shall include the
proportion of State administrative funds provided under section
1603 that are expended for--
``(A) basic program operation and compliance monitoring;
``(B) statewide program services such as development of
standards and assessments, curriculum development, and program
evaluation; and
``(C) technical assistance and other direct support to
local educational agencies and schools.
``(3) Federal funds report.--The Secretary shall complete the
study conducted under this section not later than July 1, 1997, and
shall submit to the President and the appropriate committees of the
Congress a report regarding such study within 30 days of the
completion of such study.
``(4) Results.--Based on the results of the study described in
subsection (a)(1), which may include collection and analysis of the
data under paragraph (2) and section 410(b) of the Improving
America's Schools Act of 1994, the Secretary shall--
``(A) develop a definition of what types of activities
constitute the administration of programs under this Act by
State and local educational agencies; and
``(B) within one year of the completion of such study,
promulgate final regulations or guidelines regarding the use of
funds for administration under all programs, including the use
of such funds on a consolidated basis and limitations on the
amount of such funds that may be used for administration where
such limitation is not otherwise specified in law.
``(b) General Administrative Funds Study and Report.--Upon the date
of completion of the pilot model data system described in section
410(b) of the Improving America's Schools Act of 1994, the Secretary
shall study the information obtained through the use of such data
system and other relevant information, as well as any other data
systems which are in use on such date that account for administrative
expenses at the school, local educational agency, and State educational
agency level, and shall report to the Congress not later than July 1,
1997, regarding--
``(1) the potential for the reduction of administrative
expenses at the school, local educational agency, and State
educational agency levels;
``(2) the potential usefulness of such data system to reduce
such administrative expenses;
``(3) any other methods which may be employed by schools, local
educational agencies or State educational agencies to reduce
administrative expenses and maximize the use of funds for functions
directly affecting student learning; and
``(4) if appropriate, steps which may be taken to assist
schools, local educational agencies and State educational agencies
to account for and reduce administrative expenses.
``SEC. 14205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE INTERIOR
FUNDS.
``(a) General Authority.--
``(1) Transfer.--The Secretary shall transfer to the Department
of the Interior, as a consolidated amount for covered programs, the
Indian education programs under part A of title IX of this Act, and
the education for homeless children and youth program under
subtitle B of title VII of the Stewart B. McKinney Homeless
Assistance Act, the amounts allotted to the Department of the
Interior under those programs.
``(2) Agreement.--(A) The Secretary and the Secretary of the
Interior shall enter into an agreement, consistent with the
requirements of the programs specified in paragraph (1), for the
distribution and use of those program funds under terms that the
Secretary determines best meet the purposes of those programs.
``(B) The agreement shall--
``(i) set forth the plans of the Secretary of the Interior
for the use of the amount transferred, the steps to be taken to
achieve the National Education Goals, and performance measures
to assess program effectiveness, including measurable goals and
objectives; and
``(ii) be developed in consultation with Indian tribes.
``(b) Administration.--The Department of the Interior may use not
more than 1.5 percent of the funds consolidated under this section for
such department's costs related to the administration of the funds
transferred under this section.
``SEC. 14206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.
``(a) Unneeded Program Funds.--With the approval of its State
educational agency, a local educational agency that determines for any
fiscal year that funds under a covered program (other than part A of
title I) are not needed for the purpose of that covered program, may
use such funds, not to exceed five percent of the total amount of such
local educational agency's funds under that covered program, for the
purpose of another covered program.
``(b) Coordination of Services.--A local educational agency,
individual school, or consortium of schools may use a total of not more
than five percent of the funds such agency, school, or consortium,
respectively, receives under this Act for the establishment and
implementation of a coordinated services project in accordance with the
requirements of title XI of this Act.
``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
AND APPLICATIONS
``SEC. 14301. PURPOSE.
``It is the purpose of this part to improve teaching and learning
by encouraging greater cross-program coordination, planning, and
service delivery under this Act and enhanced integration of programs
under this Act with educational activities carried out with State and
local funds.
``SEC. 14302. OPTIONAL CONSOLIDATED STATE PLANS OR APPLICATIONS.
``(a) General Authority.--
``(1) Simplification.--In order to simplify application
requirements and reduce the burden for State educational agencies
under this Act, the Secretary, in accordance with subsection (b),
shall establish procedures and criteria under which a State
educational agency may submit a consolidated State plan or a
consolidated State application meeting the requirements of this
section for--
``(A) each of the covered programs in which the State
participates; and
``(B) the additional programs described in paragraph (2).
``(2) Additional programs.--A State educational agency may also
include in its consolidated State plan or consolidated State
application--
``(A) the Even Start program under part B of title I;
``(B) the Prevention and Intervention Programs for Youth
Who Are Neglected, Delinquent, or At-Risk of Dropping Out under
part D of title I;
``(C) programs under part A of title II of the Carl D.
Perkins Vocational and Applied Technology Education Act;
``(D) programs under the Goals 2000: Educate America Act;
``(E) programs under the School-to-Work Opportunities Act
of 1994; and
``(F) such other programs as the Secretary may designate.
``(3) Consolidated applications and plans.--A State educational
agency that submits a consolidated State plan or a consolidated
State application under this section shall not be required to
submit separate State plans or applications under any of the
programs to which the consolidated State plan or consolidated State
application under this section applies.
``(b) Collaboration.--
``(1) In general.--In establishing criteria and procedures
under this section, the Secretary shall collaborate with State
educational agencies and, as appropriate, with other State
agencies, local educational agencies, public and private nonprofit
agencies, organizations, and institutions, private schools, and
representatives of parents, students, and teachers.
``(2) Contents.--Through the collaborative process described in
subsection (b)(1), the Secretary shall establish, for each program
under the Act to which this section applies, the descriptions,
information, assurances, and other material required to be included
in a consolidated State plan or consolidated State application.
``(3) Necessary materials.--The Secretary shall require only
descriptions, information, assurances, and other materials that are
absolutely necessary for the consideration of the consolidated
State plan or consolidated State application.
``SEC. 14303. GENERAL APPLICABILITY OF STATE EDUCATIONAL AGENCY
ASSURANCES.
``(a) Assurances.--A State educational agency that submits a
consolidated State plan or consolidated State application under this
Act, whether separately or under section 14302, shall have on file with
the Secretary a single set of assurances, applicable to each program
for which such plan or application is submitted, that provides that--
``(1) each such program will be administered in accordance with
all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such program
and title to property acquired with program funds will be in a
public agency, in a nonprofit private agency, institution, or
organization, or in an Indian tribe if the law authorizing the
program provides for assistance to such entities; and
``(B) the public agency, nonprofit private agency, institution,
or organization, or Indian tribe will administer such funds and
property to the extent required by the authorizing law;
``(3) the State will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations, and other recipients
responsible for carrying out each program;
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or evaluation;
and
``(C) the adoption of written procedures for the receipt
and resolution of complaints alleging violations of law in the
administration of such programs;
``(4) the State will cooperate in carrying out any evaluation
of each such program conducted by or for the Secretary or other
Federal officials;
``(5) the State will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of, and
accounting for, Federal funds paid to the State under each such
program;
``(6) the State will--
``(A) make reports to the Secretary as may be necessary to
enable the Secretary to perform the Secretary's duties under
each such program; and
``(B) maintain such records, provide such information to
the Secretary, and afford access to the records as the
Secretary may find necessary to carry out the Secretary's
duties; and
``(7) before the plan or application was submitted to the
Secretary, the State has afforded a reasonable opportunity for
public comment on the plan or application and has considered such
comment.
``(b) GEPA Provision.--Section 441 of the General Education
Provisions Act shall not apply to programs under this Act.
``SEC. 14304. ADDITIONAL COORDINATION.
``(a) Additional Coordination.--In order to explore ways for State
educational agencies to reduce administrative burdens and promote the
coordination of the education services of this Act with other health
and social service programs administered by such agencies, the
Secretary is directed to seek agreements with other Federal agencies
(including the Departments of Health and Human Services, Justice, Labor
and Agriculture) for the purpose of establishing procedures and
criteria under which a State educational agency would submit a
consolidated State plan or consolidated State application that meets
the requirements of the covered programs.
``(b) Report.--The Secretary shall report to the relevant
committees 6 months after the date of enactment of the Improving
America's Schools Act of 1994.
``SEC. 14305. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.
``(a) General Authority.--A local educational agency receiving
funds under more than one covered program may submit plans or
applications to the State educational agency under such programs on a
consolidated basis.
``(b) Required Consolidated Plans or Applications.--A State
educational agency that has submitted and had approved a consolidated
State plan or application under section 14302 may require local
educational agencies in the State receiving funds under more than one
program included in the consolidated State plan or consolidated State
application to submit consolidated local plans or applications under
such programs.
``(c) Collaboration.--A State educational agency shall collaborate
with local educational agencies in the State in establishing procedures
for the submission of the consolidated State plans or consolidated
State applications under this section.
``(d) Necessary Materials.--The State educational agency shall
require only descriptions, information, assurances, and other material
that are absolutely necessary for the consideration of the local
educational agency plan or application.
``SEC. 14306. OTHER GENERAL ASSURANCES.
``(a) Assurances.--Any applicant other than a State educational
agency that submits a plan or application under this Act, whether
separately or pursuant to section 14304, shall have on file with the
State educational agency a single set of assurances, applicable to each
program for which a plan or application is submitted, that provides
that--
``(1) each such program will be administered in accordance with
all applicable statutes, regulations, program plans, and
applications;
``(2)(A) the control of funds provided under each such program
and title to property acquired with program funds will be in a
public agency or in a nonprofit private agency, institution,
organization, or Indian tribe, if the law authorizing the program
provides for assistance to such entities; and
``(B) the public agency, nonprofit private agency, institution,
or organization, or Indian tribe will administer such funds and
property to the extent required by the authorizing statutes;
``(3) the applicant will adopt and use proper methods of
administering each such program, including--
``(A) the enforcement of any obligations imposed by law on
agencies, institutions, organizations, and other recipients
responsible for carrying out each program; and
``(B) the correction of deficiencies in program operations
that are identified through audits, monitoring, or evaluation;
``(4) the applicant will cooperate in carrying out any
evaluation of each such program conducted by or for the State
educational agency, the Secretary or other Federal officials;
``(5) the applicant will use such fiscal control and fund
accounting procedures as will ensure proper disbursement of, and
accounting for, Federal funds paid to such applicant under each
such program;
``(6) the applicant will--
``(A) make reports to the State educational agency and the
Secretary as may be necessary to enable such agency and the
Secretary to perform their duties under each such program; and
``(B) maintain such records, provide such information, and
afford access to the records as the State educational agency or
the Secretary may find necessary to carry out the State
educational agency's or the Secretary's duties; and
``(7) before the application was submitted, the applicant
afforded a reasonable opportunity for public comment on the
application and has considered such comment.
``(b) GEPA Provision.--Section 442 of the General Education
Provisions Act does not apply to programs under this Act.
``SEC. 14307. RELATIONSHIP OF STATE AND LOCAL PLANS TO PLANS UNDER THE
GOALS 2000: EDUCATE AMERICA ACT.
``(a) State Plans.--
``(1) In general.--Each State plan submitted under the
following programs shall be integrated with each other and the
State's improvement plan, if any, either approved or being
developed, under title III of the Goals 2000: Educate America Act,
the School-to-Work Opportunities Act of 1994, and the Carl D.
Perkins Vocational and Applied Technology Education Act:
``(A) Part A of title I (helping disadvantaged children
meet high standards).
``(B) Part C of title I (education of migratory children).
``(C) Part D of title I (education of neglected,
delinquent, and at-risk youth).
``(D) Title II (professional development).
``(E) Title IV (safe and drug-free schools).
``(F) Title VI (innovative education program strategies).
``(G) Subpart 4 of part A of title IX (Indian education).
``(2) Special rule.--Notwithstanding any other provision of
this Act, if a requirement relating to a State plan referred to in
paragraph (1) is already satisfied by the approved State
improvement plan for such State under title III of the Goals 2000:
Educate America Act, the State plan referred to in paragraph (1)
need not separately address that requirement.
``(3) Amendment.--Any State plan referred to in paragraph (1)
may, if necessary, be submitted as an amendment to the State
improvement plan for such State under title III of the Goals 2000:
Educate America Act.
``(b) Local Plans.--
``(1) In general.--Each local educational agency plan submitted
under the following programs shall be integrated with each other
and its local improvement plan, if any, either approved or being
developed, under title III of the Goals 2000: Educate America Act:
``(A) Part A of title I (helping disadvantaged children
meet high standards).
``(B) Title II (professional development).
``(C) Title IV (safe and drug-free schools).
``(D) Subpart 4 of part A of title IX (Indian education).
``(E) Subpart 1 of part A of title VII (bilingual
education).
``(F) Title VI (innovative education program strategies).
``(G) Part C of title VII (emergency immigrant education).
``(2) Plan of operation.--Each plan of operation included in an
application submitted by an eligible entity under part B of title I
(Even Start) shall be consistent with, and promote the goals of,
the State and local improvement plans, either approved or being
developed, under title III of the Goals 2000: Educate America Act
or, if those plans are not approved or being developed, with the
State and local plans under sections 1111 and 1112.
``(3) Special rule.--Notwithstanding any other provision of
this Act, if a requirement relating to a local plan referred to in
paragraph (1) is already satisfied by the local educational
agency's approved local improvement plan under title III of the
Goals 2000: Educate America Act, the local plan referred to in
paragraph (1) need not separately address that requirement.
``(4) Submission.--Any local plan referred to in paragraph (1)
may, if necessary, be submitted as an amendment to the local
educational agency's improvement plan under title III of the Goals
2000: Educate America Act.
``PART D--WAIVERS
``SEC. 14401. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
``(a) In General.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement of this Act
for a State educational agency, local educational agency, Indian tribe,
or school through a local educational agency, that--
``(1) receives funds under a program authorized by this Act;
and
``(2) requests a waiver under subsection (b).
``(b) Request for Waiver.--
``(1) In general.--A State educational agency, local
educational agency, or Indian tribe which desires a waiver shall
submit a waiver request to the Secretary that--
``(A) identifies the Federal programs affected by such
requested waiver;
``(B) describes which Federal requirements are to be waived
and how the waiving of such requirements will--
``(i) increase the quality of instruction for students;
or
``(ii) improve the academic performance of students;
``(C) if applicable, describes which similar State and
local requirements will be waived and how the waiving of such
requirements will assist the local educational agencies, Indian
tribes or schools, as appropriate, to achieve the objectives
described in clauses (i) and (ii) of subparagraph (B);
``(D) describes specific, measurable educational
improvement goals and expected outcomes for all affected
students;
``(E) describes the methods to be used to measure progress
in meeting such goals and outcomes; and
``(F) describes how schools will continue to provide
assistance to the same populations served by programs for which
waivers are requested.
``(2) Additional information.--Such requests--
``(A) may provide for waivers of requirements applicable to
State educational agencies, local educational agencies, Indian
tribes, and schools; and
``(B) shall be developed and submitted--
``(i)(I) by local educational agencies (on behalf of
such agencies and schools) to State educational agencies;
and
``(II) by State educational agencies (on behalf of, and
based upon the requests of, local educational agencies) to
the Secretary; or
``(ii) by Indian tribes (on behalf of schools operated
by such tribes) to the Secretary.
``(3) General requirements.--(A) In the case of a waiver
request submitted by a State educational agency acting in its own
behalf, the State educational agency shall--
``(i) provide all interested local educational agencies in
the State with notice and a reasonable opportunity to comment
on the request;
``(ii) submit the comments to the Secretary; and
``(iii) provide notice and information to the public
regarding the waiver request in the manner that the applying
agency customarily provides similar notices and information to
the public.
``(B) In the case of a waiver request submitted by a local
educational agency that receives funds under this Act--
``(i) such request shall be reviewed by the State
educational agency and be accompanied by the comments, if any,
of such State educational agency; and
``(ii) notice and information regarding the waiver request
shall be provided to the public by the agency requesting the
waiver in the manner that such agency customarily provides
similar notices and information to the public.
``(c) Restrictions.--The Secretary shall not waive under this
section any statutory or regulatory requirements relating to--
``(1) the allocation or distribution of funds to States, local
educational agencies, or other recipients of funds under this Act;
``(2) maintenance of effort;
``(3) comparability of services;
``(4) use of Federal funds to supplement, not supplant, non-
Federal funds;
``(5) equitable participation of private school students and
teachers;
``(6) parental participation and involvement;
``(7) applicable civil rights requirements;
``(8) the requirement for a charter school under part C of
title X; or
``(9) the prohibitions regarding--
``(A) State aid in section 14502; or
``(B) use of funds for religious worship or instruction in
section 14507.
``(d) Duration and Extension of Waiver.--
``(1) In general.--Except as provided in paragraph (2), the
duration of a waiver approved by the Secretary under this section
may be for a period not to exceed three years.
``(2) Extension.--The Secretary may extend the period described
in paragraph (1) if the Secretary determines that--
``(A) the waiver has been effective in enabling the State
or affected recipients to carry out the activities for which
the waiver was requested and the waiver has contributed to
improved student performance; and
``(B) such extension is in the public interest.
``(e) Reports.--
``(1) Local waiver.--A local educational agency that receives a
waiver under this section shall at the end of the second year for
which a waiver is received under this section, and each subsequent
year, submit a report to the State educational agency that--
``(A) describes the uses of such waiver by such agency or
by schools;
``(B) describes how schools continued to provide assistance
to the same populations served by the programs for which
waivers are requested; and
``(C) evaluates the progress of such agency and of schools
in improving the quality of instruction or the academic
performance of students.
``(2) State waiver.--A State educational agency that receives
reports required under paragraph (1) shall annually submit a report
to the Secretary that is based on such reports and contains such
information as the Secretary may require.
``(3) Indian tribe waiver.--An Indian tribe that receives a
waiver under this section shall annually submit a report to the
Secretary that--
``(A) describes the uses of such waiver by schools operated
by such tribe; and
``(B) evaluates the progress of such schools in improving
the quality of instruction or the academic performance of
students.
``(4) Report to congress.--Beginning in fiscal year 1997 and
each subsequent year, the Secretary shall submit to the Committee
on Education and Labor of the House of Representatives and the
Committee on Labor and Human Resources of the Senate a report--
``(A) summarizing the uses of waivers by State educational
agencies, local educational agencies, Indian tribes, and
schools; and
``(B) describing whether such waivers--
``(i) increased the quality of instruction to students;
or
``(ii) improved the academic performance of students.
``(f) Termination of Waivers.--The Secretary shall terminate a
waiver under this section if the Secretary determines that the
performance of the State or other recipient affected by the waiver has
been inadequate to justify a continuation of the waiver or if the
waiver is no longer necessary to achieve its original purposes.
``(g) Publication.--A notice of the Secretary's decision to grant
each waiver under subsection (a) shall be published in the Federal
Register and the Secretary shall provide for the dissemination of such
notice to State educational agencies, interested parties, including
educators, parents, students, advocacy and civil rights organizations,
and the public.
``PART E--UNIFORM PROVISIONS
``SEC. 14501. MAINTENANCE OF EFFORT.
``(a) In General.--A local educational agency may receive funds
under a covered program for any fiscal year only if the State
educational agency finds that either the combined fiscal effort per
student or the aggregate expenditures of such agency and the State with
respect to the provision of free public education by such agency for
the preceding fiscal year was not less than 90 percent of such combined
fiscal effort or aggregate expenditures for the second preceding fiscal
year.
``(b) Reduction in Case of Failure To Meet.--
``(1) In general.--The State educational agency shall reduce
the amount of the allocation of funds under a covered program in
any fiscal year in the exact proportion to which a local
educational agency fails to meet the requirement of subsection (a)
by falling below 90 percent of both the combined fiscal effort per
student and aggregate expenditures (using the measure most
favorable to such local agency).
``(2) Special rule.--No such lesser amount shall be used for
computing the effort required under subsection (a) for subsequent
years.
``(c) Waiver.--The Secretary may waive the requirements of this
section if the Secretary determines that such a waiver would be
equitable due to--
``(1) exceptional or uncontrollable circumstances such as a
natural disaster; or
``(2) a precipitous decline in the financial resources of the
local educational agency.
``SEC. 14502. PROHIBITION REGARDING STATE AID.
``A State shall not take into consideration payments under this Act
(other than under title VIII) in determining the eligibility of any
local educational agency in such State for State aid, or the amount of
State aid, with respect to free public education of children.
``SEC. 14503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND TEACHERS.
``(a) Private School Participation.--
``(1) In general.--Except as otherwise provided in this Act, to
the extent consistent with the number of eligible children in a
State educational agency, local educational agency, or educational
service agency or consortium of such agencies receiving financial
assistance under a program specified in subsection (b), who are
enrolled in private elementary and secondary schools in such agency
or consortium, such agency or consortium shall, after timely and
meaningful consultation with appropriate private school officials,
provide such children and their teachers or other educational
personnel, on an equitable basis, special educational services or
other benefits under such program.
``(2) Secular, neutral, and nonideological services or
benefits.--Educational services or other benefits, including
materials and equipment, provided under this section, shall be
secular, neutral, and nonideological.
``(3) Special rule.--Educational services and other benefits
provided under this section for such private school children,
teachers, and other educational personnel shall be equitable in
comparison to services and other benefits for public school
children, teachers, and other educational personnel participating
in such program.
``(4) Expenditures.--Expenditures for educational services and
other benefits provided under this section to eligible private
school children, their teachers, and other educational personnel
serving such children shall be equal, taking into account the
number and educational needs of the children to be served, to the
expenditures for participating public school children.
``(5) Provision of services.--Such agency or consortium
described in subsection (a)(1) may provide such services directly
or through contracts with public and private agencies,
organizations, and institutions.
``(b) Applicability.--
``(1) In general.--This section applies to programs under--
``(A) part C of title I (migrant education);
``(B) title II (other than section 2103 and part C of such
title);
``(C) title VII;
``(D) title III (other than part B of such title) (Star
Schools); and
``(E) part A of title IV (other than section 4114).
``(2) Definition.--For the purposes of this section, the term
`eligible children' means children eligible for services under a
program described in paragraph (1).
``(c) Consultation.--
``(1) In general.--To ensure timely and meaningful
consultation, a State educational agency, local educational agency,
educational service agency or consortium of such agencies shall
consult with appropriate private school officials during the design
and development of the programs under this Act, on issues such as--
``(A) how the children's needs will be identified;
``(B) what services will be offered;
``(C) how and where the services will be provided; and
``(D) how the services will be assessed.
``(2) Timing.--Such consultation shall occur before the agency
or consortium makes any decision that affects the opportunities of
eligible private school children, teachers, and other educational
personnel to participate in programs under this Act.
``(3) Discussion required.--Such consultation shall include a
discussion of service delivery mechanisms that the agency or
consortium could use to provide equitable services to eligible
private school children, teachers, administrators, and other staff.
``(d) Public Control of Funds.--
``(1) In general.--The control of funds used to provide
services under this section, and title to materials, equipment, and
property purchased with such funds, shall be in a public agency for
the uses and purposes provided in this Act, and a public agency
shall administer such funds and property.
``(2) Provision of services.--(A) The provision of services
under this section shall be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee, person,
association, agency, or organization shall be independent of such
private school and of any religious organization, and such
employment or contract shall be under the control and supervision
of such public agency.
``(C) Funds used to provide services under this section shall
not be commingled with non-Federal funds.
``SEC. 14504. STANDARDS FOR BY-PASS.
``If, by reason of any provision of law, a State educational
agency, local educational agency, educational service agency or
consortium of such agencies is prohibited from providing for the
participation in programs of children enrolled in, or teachers or other
educational personnel from, private elementary and secondary schools,
on an equitable basis, or if the Secretary determines that such agency
or consortium has substantially failed or is unwilling to provide for
such participation, as required by section 14503, the Secretary shall--
``(1) waive the requirements of that section for such agency or
consortium; and
``(2) arrange for the provision of equitable services to such
children, teachers, or other educational personnel through
arrangements that shall be subject to the requirements of this
section and of sections 14503, 14505, and 14506.
``SEC. 14505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE SCHOOL
CHILDREN.
``(a) Procedures for Complaints.--The Secretary shall develop and
implement written procedures for receiving, investigating, and
resolving complaints from parents, teachers, or other individuals and
organizations concerning violations of section 14503 by a State
educational agency, local educational agency, educational service
agency, or consortium of such agencies. Such individual or organization
shall submit such complaint to the State educational agency for a
written resolution by the State educational agency within a reasonable
period of time.
``(b) Appeals to the Secretary.--Such resolution may be appealed by
an interested party to the Secretary not later than 30 days after the
State educational agency resolves the complaint or fails to resolve the
complaint within a reasonable period of time. Such appeal shall be
accompanied by a copy of the State educational agency's resolution, and
a complete statement of the reasons supporting the appeal. The
Secretary shall investigate and resolve each such appeal not later than
120 days after receipt of the appeal.
``SEC. 14506. BY-PASS DETERMINATION PROCESS.
``(a) Review.--
``(1) In general.--(A) The Secretary shall not take any final
action under section 14504 until the State educational agency,
local educational agency, educational service agency, or consortium
of such agencies affected by such action has had an opportunity,
for not less than 45 days after receiving written notice thereof,
to submit written objections and to appear before the Secretary to
show cause why that action should not be taken.
``(B) Pending final resolution of any investigation or
complaint that could result in a determination under this section,
the Secretary may withhold from the allocation of the affected
State or local educational agency the amount estimated by the
Secretary to be necessary to pay the cost of those services.
``(2) Petition for review.--(A) If such affected agency or
consortium is dissatisfied with the Secretary's final action after
a proceeding under paragraph (1), such agency or consortium may,
within 60 days after notice of such action, file with the United
States court of appeals for the circuit in which such State is
located a petition for review of that action.
``(B) A copy of the petition shall be forthwith transmitted by
the clerk of the court to the Secretary.
``(C) The Secretary upon receipt of the copy of the petition
shall file in the court the record of the proceedings on which the
Secretary based this action, as provided in section 2112 of title
28, United States Code.
``(3) Findings of fact.--(A) The findings of fact by the
Secretary, if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown, may remand the
case to the Secretary to take further evidence and the Secretary
may then make new or modified findings of fact and may modify the
Secretary's previous action, and shall file in the court the record
of the further proceedings.
``(B) Such new or modified findings of fact shall likewise be
conclusive if supported by substantial evidence.
``(4) Jurisdiction.--(A) Upon the filing of such petition, the
court shall have jurisdiction to affirm the action of the Secretary
or to set such action aside, in whole or in part.
``(B) The judgment of the court shall be subject to review by
the Supreme Court of the United States upon certiorari or
certification as provided in section 1254 of title 28, United
States Code.
``(b) Determination.--Any determination by the Secretary under this
section shall continue in effect until the Secretary determines, in
consultation with such agency or consortium and representatives of the
affected private school children, teachers, or other educational
personnel that there will no longer be any failure or inability on the
part of such agency or consortium to meet the applicable requirements
of section 14503 or any other provision of this Act.
``(c) Payment From State Allotment.--When the Secretary arranges
for services pursuant to this section, the Secretary shall, after
consultation with the appropriate public and private school officials,
pay the cost of such services, including the administrative costs of
arranging for those services, from the appropriate allocation or
allocations under this Act.
``(d) Prior Determination.--Any by-pass determination by the
Secretary under this Act as in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994 shall remain
in effect to the extent the Secretary determines that such
determination is consistent with the purpose of this section.
``SEC. 14507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR
INSTRUCTION.
``Nothing contained in this Act shall be construed to authorize the
making of any payment under this Act for religious worship or
instruction.
``SEC. 14508. APPLICABILITY TO HOME SCHOOLS.
``Nothing in this Act shall be construed to affect home schools.
``SEC. 14509. GENERAL PROVISION REGARDING NONRECIPIENT NONPUBLIC
SCHOOLS.
``Nothing in this Act shall be construed to permit, allow,
encourage, or authorize any Federal control over any aspect of any
private, religious, or home school, whether or not a home school is
treated as a private school or home school under State law. This
section shall not be construed to bar private, religious, or home
schools from participation in programs or services under this Act.
``SEC. 14510. SCHOOL PRAYER.
``Any State or local educational agency that is adjudged by a
Federal court of competent jurisdiction to have willfully violated a
Federal court order mandating that such local educational agency remedy
a violation of the constitutional right of any student with respect to
prayer in public schools, in addition to any other judicial remedies,
shall be ineligible to receive Federal funds under this Act until such
time as the local educational agency complies with such order. Funds
that are withheld under this section shall not be reimbursed for the
period during which the local educational agency was in willful
noncompliance.
``SEC. 14511. GENERAL PROHIBITIONS.
``(a) Prohibition.--None of the funds authorized under this Act
shall be used--
``(1) to develop or distribute materials, or operate programs
or courses of instruction directed at youth that are designed to
promote or encourage, sexual activity, whether homosexual or
heterosexual;
``(2) to distribute or to aid in the distribution by any
organization of legally obscene materials to minors on school
grounds;
``(3) to provide sex education or HIV prevention education in
schools unless such instruction is age appropriate and includes the
health benefits of abstinence; or
``(4) to operate a program of condom distribution in schools.
``(b) Local Control.--Nothing in this section shall be construed
to--
``(1) authorize an officer or employee of the Federal
Government to mandate, direct, review, or control a State, local
educational agency, or schools' instructional content, curriculum,
and related activities;
``(2) limit the application of the General Education Provisions
Act;
``(3) require the distribution of scientifically or medically
false or inaccurate materials or to prohibit the distribution of
scientifically or medically true or accurate materials; or
``(4) create any legally enforceable right.
``SEC. 14512. 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. 14513. REPORT.
``The Secretary shall report to the Congress not later than 180
days after the date of enactment of the Improving America's Schools Act
of 1994 regarding how the Secretary shall ensure that audits conducted
by Department employees of activities assisted under this Act comply
with changes to this Act made by the Improving America's Schools Act of
1994, particularly with respect to permitting children with similar
educational needs to be served in the same educational settings, where
appropriate.
``SEC. 14514. REQUIRED PARTICIPATION PROHIBITED.
``Notwithstanding any other provision of law, no State shall be
required to participate in any program under the Goals 2000: Educate
America Act, or to have content standards or student performance
standards approved or certified under such Act, in order to receive
assistance under this Act.
``PART F--GUN POSSESSION
``SEC. 14601. GUN-FREE REQUIREMENTS.
``(a) Short Title.--This section may be cited as the `Gun-Free
Schools Act of 1994'.
``(b) Requirements.--
``(1) In general.--Except as provided in paragraph (3), each
State receiving Federal funds under this Act shall have in effect a
State law requiring local educational agencies to expel from school
for a period of not less than one year a student who is determined
to have brought a weapon to a school under the jurisdiction of
local educational agencies in that State, except that such State
law shall allow the chief administering officer of such local
educational agency to modify such expulsion requirement for a
student on a case-by-case basis.
``(2) Construction.--Nothing in this title shall be construed
to prevent a State from allowing a local educational agency that
has expelled a student from such a student's regular school setting
from providing educational services to such student in an
alternative setting.
``(3) Special rule.--(A) Any State that has a law in effect
prior to the date of enactment of the Improving America's Schools
Act of 1994 which is in conflict with the not less than one year
expulsion requirement described in paragraph (1) shall have the
period of time described in subparagraph (B) to comply with such
requirement.
``(B) The period of time shall be the period beginning on the
date of enactment of the Improving America's Schools Act and ending
one year after such date.
``(4) 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.
``(c) Special Rule.--The provisions of this section shall be
construed in a manner consistent with the Individuals with Disabilities
Education Act.
``(d) 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 Passistance--
``(1) an assurance that such local educational agency is in
compliance with the State law required by subsection (b); and
``(2) a description of the circumstances surrounding any
expulsions imposed under the State law required by subsection (b),
including--
``(A) the name of the school concerned;
``(B) the number of students expelled from such school; and
``(C) the type of weapons concerned.
``(e) Reporting.--Each State shall report the information described
in subsection (c) to the Secretary on an annual basis.
``(f) Report to Congress.--Two years after the date of enactment of
the Improving America's Schools Act of 1994, the Secretary shall report
to Congress if any State is not in compliance with the requirements of
this title.
``SEC. 14602. POLICY REGARDING CRIMINAL JUSTICE SYSTEM REFERRAL.
``(a) In General.--No funds shall be made available under this Act
to any local educational agency unless such agency has a policy
requiring referral to the criminal justice or juvenile delinquency
system of any student who brings a firearm or weapon to a school served
by such agency.
``(b) Definitions.--For the purpose of this section, the terms
`firearm' and `school' have the same meaning given to such terms by
section 921(a) of title 18, United States Code.
``SEC. 14603. DATA AND POLICY DISSEMINATION UNDER IDEA.
``The Secretary shall--
``(1) widely disseminate the policy of the Department in effect
on the date of enactment of the Improving America's Schools Act of
1994 with respect to disciplining children with disabilities;
``(2) collect data on the incidence of children with
disabilities (as such term is defined in section 602(a)(1) of the
Individuals With Disabilities Education Act) engaging in life
threatening behavior or bringing weapons to schools; and
``(3) submit a report to Congress not later than January 31,
1995, analyzing the strengths and problems with the current
approaches regarding disciplining children with disabilities.
``PART G--EVALUATIONS
``SEC. 14701. EVALUATIONS.
``(a) Evaluations.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary is authorized to reserve not more than 0.50 percent of
the amount appropriated to carry out each program authorized under
this Act--
``(A) to carry out comprehensive evaluations of categorical
programs and demonstration projects, and studies of program
effectiveness, under this Act, and the administrative impact of
such programs on schools and local educational agencies in
accordance with subsection (b);
``(B) to evaluate the aggregate short- and long-term
effects and cost efficiencies across Federal programs under
this Act and related Federal preschool, elementary and
secondary programs under other Federal law; and
``(C) to strengthen the usefulness of grant recipient
evaluations for continuous program progress through improving
the quality, timeliness, efficiency, and utilization of program
information on program performance.
``(2) Special rule.--(A) Paragraph (1) shall not apply to any
program under title I.
``(B) If funds are made available under any program assisted
under this Act (other than a program under title I) for evaluation
activities, then the Secretary shall reserve no additional funds
pursuant to the authority in subsection (a)(1) to evaluate such
program, but shall coordinate the evaluation of such program with
the national evaluation described in subsection (b).
``(b) National Evaluations.--
``(1) In general.--The Secretary shall use the funds made
available under subsection (a) to carry out--
``(A) independent studies of categorical and demonstration
programs under this Act and the administrative impact of such
programs on schools and local educational agencies, that are
coordinated with research supported through the Office of
Educational Research and Improvement, using rigorous
methodological designs and techniques, including longitudinal
designs, control groups, and random assignment, as appropriate,
to determine--
``(i) the success of such programs in meeting the
measurable goals and objectives, through appropriate
targeting, quality services, and efficient administration,
and in contributing to achieving the National Education
Goals, with a priority on assessing program impact on
student performance;
``(ii) the short- and long-term effects of program
participation on program participants, as appropriate;
``(iii) the cost and efficiency of such programs;
``(iv) to the extent feasible, the cost of serving all
students eligible to be served under such programs;
``(v) specific intervention strategies and
implementation of such strategies that, based on theory,
research and evaluation, offer the promise of improved
achievement of program objectives;
``(vi) promising means of identifying and disseminating
effective management and educational practices;
``(vii) the effect of such programs on school and local
educational agencies' administrative responsibilities and
structure, including the use of local and State resources,
with particular attention to schools and agencies serving a
high concentration of disadvantaged students; and
``(viii) the effect of Federal categorical programs at
the elementary and secondary levels on the proliferation of
State categorical education aid programs and regulations,
including an evaluation of the State regulations that are
developed in response to Federal education laws;
``(B) in collaboration with the national assessment
conducted pursuant to section 1601, a comprehensive evaluation
of how the Federal Government has assisted the States to reform
their educational systems through the various education laws
enacted during the 103d Congress, which evaluation shall--
``(i) encompass the changes made in Federal programs
pursuant to the Improving America's Schools Act of 1994 as
well as in any other law enacted during the 103d Congress
that amended a Federal program assisting preschool,
elementary, or secondary education;
``(ii) encompass new initiatives such as initiatives
under the Goals 2000: Educate America Act, and the School-
to-Work Opportunities Act of 1994, and be coordinated with
evaluations of such Acts;
``(iii) include a comprehensive review of the programs
developed under the Acts described in clauses (i) and (ii)
to determine such programs' overall effect on--
``(I) the readiness of children for schooling;
``(II) the improvement in educational attainment of
students in elementary and secondary education; and
``(III) the improvement in skills needed by
students to obtain employment or pursue further
education upon completion of secondary school or
further education;
``(iv) include a comprehensive review of the programs
under the Acts described in clauses (i) and (ii) to
determine such programs' overall effect--
``(I) on school reform efforts undertaken by
States;
``(II) on efforts by States to adopt educational
standards to improve schooling for all children, to
align their curricula, teacher training, and
assessments with such standards, and to bring
flexibility to the rules governing how education is to
be provided; and
``(III) on student populations that have been the
traditional beneficiaries of Federal assistance in
order to determine whether such population's
educational attainment has been improved as a result of
such programs;
``(v) evaluate how the National Assessment Governing
Board, the Advisory Council on Education Statistics, the
National Education Goals Panel, and the National Education
Statistics and Improvement Council (and any other Federal
board established to analyze, address, or approve education
standards and assessments) coordinate, interact, or
duplicate efforts to assist the States in reforming the
educational systems of States; and
``(vi) include a review of the programs under the Acts
described in clauses (i) and (ii) in such detail as the
Secretary deems appropriate, and may involve cooperation
with other Federal departments and agencies in order to
incorporate evaluations and recommendations of such
departments and agencies; and
``(C) a study of the waivers granted under section 14401,
which study shall include--
``(i) data on the total number of waiver requests that
were granted and the total number of such requests that
were denied, disaggregated by the statutory or regulatory
requirement for which the waivers were requested; and
``(ii) an analysis of the effect of waivers on
categorical program requirements and other flexibility
provisions in this Act, the School-to-Work Opportunities
Act of 1994, and the Goals 2000: Educate America Act, on
improvement in educational achievement of participating
students and on school and local educational agency
administrative responsibilities, structure, and resources
based on an appropriate sample of State educational
agencies, local educational agencies, schools, and tribes
receiving waivers.
``(D) a study of the waivers provided under section 1114 to
support schoolwide programs which shall include--
``(i) the extent to which schoolwide programs are
meeting the intent and purposes of any program for which
provisions were waived; and
``(ii) the extent to which the needs of all students
are being served by such programs particularly students who
would be eligible for assistance under any provisions
waived.
``(2) Independent panel.--The Secretary shall appoint an
independent panel to review the plan for the evaluation described
in paragraph (1), to advise the Secretary on such evaluation's
progress, and to comment, if the panel so wishes, on the final
report described in paragraph (3).
``(3) Report.--The Secretary shall submit a final report on the
evaluation described in this subsection by January 1, 1998, to the
Committee on Education and Labor of the House of Representatives
and to the Committee on Labor and Human Resources of the Senate.
``(c) Recipient Evaluation and Quality Assurance Improvement.--The
Secretary is authorized to provide guidance, technical assistance, and
model programs to recipients of assistance under this Act to strengthen
information for quality assurance and performance information feedback
at State and local levels. Such guidance and assistance shall promote
the development, measurement and reporting of valid, reliable, timely
and consistent performance indicators within a program in order to
promote continuous program improvement. Nothing in this subsection
shall be construed to establish a national data system.
``PART H--SENSE OF THE CONGRESS
``SEC. 14801. SENSE OF CONGRESS TO INCREASE THE TOTAL SHARE OF FEDERAL
SPENDING ON EDUCATION.
``(a) Findings.--The Congress finds that--
``(1) in order to increase our Nation's standard of living and
to increase the number of good jobs, the United States must
increase its productivity and ability to compete in the
international marketplace by improving the educational level of our
workforce;
``(2) although efforts are being made to establish higher
educational standards and goals, there is a substantial shortage of
resources to meet such standards and goals;
``(3) States and local communities are finding it increasingly
difficult to meet ever higher educational standards and goals, and
States will not be able to fund needed changes without Federal help
to reach such standards and goals;
``(4) the Federal Government has established many educational
programs but failed to provide adequate funding for such programs,
for example one such program provides education to our Nation's
disabled students and was established with a promise of 40 percent
Federal funding but currently receives only eight percent Federal
funding;
``(5) the annual shortfall in Federal education programs is
approximately half of the promised funding;
``(6) many needed educational improvements will not need
Federal funds, however, other suggested changes such as lengthened
school years, better pay, after-school activities, mentoring for
students at risk, programs for gifted students, and replacing
substandard buildings, will require substantial Federal assistance;
and
``(7) the Federal contribution to education is less than two
percent of the total Federal budget, and in order to make education
a national priority, the total percentage of Federal educational
funding should be increased by one percent each year over the next
eight years to reach 10 percent of the total Federal budget.
``(b) Sense of the Congress.--It is the sense of the Congress that
the total share of the Federal spending on education should increase by
at least one percent each year until such share reaches 10 percent of
the total Federal budget.
``SEC. 14802. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE.
``(a) Purchase of American-Made Equipment and Products.--In the
case of any equipment or products that may be authorized to be
purchased with financial assistance provided under this Act, it is the
sense of the Congress that entities receiving such assistance should,
in expending the assistance, purchase only American-made equipment and
products.
``(b) Notice to Recipients of Assistance.--In providing financial
assistance under this Act, the head of each Federal agency shall
provide to each recipient of the assistance a notice describing the
statement made in subsection (a) by the Congress.''.
TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT
PART A--APPLICABILITY OF THE GENERAL EDUCATION PROVISIONS ACT
SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.
Section 400 of the General Education Provisions Act (20 U.S.C. 1221
et seq.) (hereafter in this title (other than part F) referred to as
the ``Act'') is amended to read as follows:
``short title; applicability; definitions
``Sec. 400. (a) This title may be cited as the `General Education
Provisions Act'.
``(b)(1) Except as otherwise provided, this title applies to each
applicable program of the Department of Education.
``(2) Except as otherwise provided, this title does not apply to
any contract made by the Department of Education.
``(c) As used in this title, the following terms have the following
meanings:
``(1) The term `applicable program' means any program for which
the Secretary or the Department has administrative responsibility
as provided by law or by delegation of authority pursuant to law.
The term includes each program for which the Secretary or the
Department has administrative responsibility under the Department
of Education Organization Act or under Federal law effective after
the effective date of that Act.
``(2) The term `applicable statute' means--
``(A) the Act or the title, part, section, or any other
subdivision of an Act, as the case may be, that authorizes the
appropriation for an applicable program;
``(B) this title; and
``(C) any other statute that by its terms expressly
controls the administration of an applicable program.
``(3) The term `Department' means the Department of Education.
``(4) The term `Secretary' means the Secretary of Education.
``(d) Nothing in this title shall be construed to affect the
applicability of title VI of the Civil Rights Act of 1964, title IX of
the Education Amendments of 1972, title V of the Rehabilitation Act of
1973, the Age Discrimination Act, or other statutes prohibiting
discrimination, to any applicable program.''.
SEC. 212. REPEAL AND REDESIGNATION.
(a) Repeals.--
(1) Sections.--Sections 400A, 401, 402, 403, 406, 406A, 406B,
406C, 407, 413, 416, 419, 421, 423, 424, 426A, and 429 of the Act
are repealed.
(2) Part.--Part D of the Act is repealed.
(b) Redesignations.--
(1) Sections.--Sections 408, 409, 411, 412, 414, 415, 417, 420,
421A, 422, 425, 426, 427, 428, 430, 431, 432, 433, 434, 435, 436,
437, 438, 439, and 440 of the Act are redesignated as sections 410,
411, 420, 421, 422, 423, 425, 426, 430, 431, 432, 433, 434, 435,
436, 437, 438, 439, 440, 441, 442, 443, 444, 445, and 446 of the
Act, respectively.
(2) Part.--Part E of the Act is redesignated as part D of the
Act.
(3) Cross references.--(A) Paragraph (6) of section 441(b) (as
redesignated by paragraph (1)) (20 U.S.C. 1232d(b)(6)) is amended
by striking ``437'' and inserting ``443''.
(B) Paragraph (4) of section 442(b) of the Act (as redesignated
by paragraph (1)) (20 U.S.C. 1232e(b)(4)) is amended by striking
``437'' and inserting ``443''.
(C) Subsection (a) of section 446 of the Act (as redesignated
by paragraph (1)) (20 U.S.C. 1232i(a)) is amended by striking
``438(b)(1)(D)'' and inserting ``444(b)(1)(D)''.
(D) Subsection (a) of section 458 of the Act (20 U.S.C.
1234g(a)) is amended by striking ``435(a)'' and inserting
``441(a)''.
PART B--THE DEPARTMENT OF EDUCATION
SEC. 221. NEW HEADING FOR PART A.
The heading for part A of the Act is amended to read as follows:
``Part A--Functions of the Department of Education''.
SEC. 222. GENERAL AUTHORITY OF THE SECRETARY.
Section 410 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1221e-3) is amended to read as follows:
``general authority of the secretary
``Sec. 410. The Secretary, in order to carry out functions
otherwise vested in the Secretary by law or by delegation of authority
pursuant to law, and subject to limitations as may be otherwise imposed
by law, is authorized to make, promulgate, issue, rescind, and amend
rules and regulations governing the manner of operation of, and
governing the applicable programs administered by, the Department.''.
PART C--APPROPRIATIONS AND EVALUATIONS
SEC. 231. FORWARD FUNDING.
Section 420 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1223) is amended to read as follows:
``forward funding
``Sec. 420. (a) To the end of affording the responsible Federal,
State, and local officers adequate notice of available Federal
financial assistance for carrying out ongoing education activities and
projects, appropriations for grants, contracts, or other payments under
any applicable program are authorized to be included in the
appropriations Act for the fiscal year preceding the fiscal year during
which such activities and projects shall be carried out.
``(b) In order to effect a transition to the timing of
appropriation action authorized by subsection (a), the application of
this section may result in the enactment, in a fiscal year, of separate
appropriations for an applicable program (whether in the same
appropriations Act or otherwise) for two consecutive fiscal years.''.
SEC. 232. AVAILABILITY OF APPROPRIATIONS.
(a) Amendment to Heading.--The heading for section 421 of the Act
(as redesignated by section 212(b)(1)) (20 U.S.C. 1225) is amended to
read as follows:
``availability of appropriations on academic or school-year basis;
additional period for obligation of funds''.
(b) Amendment to Text.--Section 421 of the Act (20 U.S.C. 1225) is
further amended--
(1) in subsection (a)--
(A) by striking ``to educational agencies or
institutions'';
(B) by striking ``expenditure'' and inserting
``obligation''; and
(C) by striking ``agency or institution concerned'' and
inserting ``recipient'';
(2) in subsection (b), by striking ``(b) Notwithstanding'' and
inserting ``(b)(1) Notwithstanding''; and
(3) in subsection (c), by striking ``section 3679(d)(2) of the
Revised Statutes'' and inserting ``section 1341(a) of title 31,
United States Code''.
SEC. 233. CONTINGENT EXTENSION OF PROGRAMS.
Section 422 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1226a) is amended to read as follows:
``contingent extension of programs
``Sec. 422. (a) The authorization of appropriations for, or
duration of, an applicable program shall be automatically extended for
one additional fiscal year unless Congress, in the regular session that
ends prior to the beginning of the terminal fiscal year of such
authorization or duration, has passed legislation that becomes law and
extends or repeals the authorization or duration of such program.
``(b) The amount authorized to be appropriated for the period of
automatic extension under subsection (a) of an applicable program shall
be the amount authorized to be appropriated for such program for the
terminal fiscal year of the applicable program.
``(c) If the Secretary is required, in the terminal fiscal year of
an applicable program, to carry out certain acts or make certain
determinations that are necessary for the continuation of such program,
such acts or determinations shall be required to be carried out or made
during the period of automatic extension under subsection (a).
``(d) This section shall not apply to the authorization of
appropriations for a commission, council, or committee which is
required by an applicable statute to terminate on a date certain.''.
SEC. 234. STATE REPORTS.
Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is amended
by inserting before section 425 (as redesignated by section 212(b)(1))
the following new section:
``responsibility of states to furnish information
``Sec. 424. (a) Each State educational agency shall submit to the
Secretary a report on or before March 15 of every second year. Each
such report shall include--
``(1) information with respect to the uses of Federal funds in
such State in the two preceding fiscal years under any applicable
program under the jurisdiction of the State educational agency; and
``(2) information with respect to the uses of Federal funds in
such State in the two preceding fiscal years under any Federal
program administered by the State that provided grants or contracts
to a local educational agency in the State.
``(b) Each report submitted under subsection (a) shall--
``(1) list, with respect to each program for which information
is provided, all grants made to and contracts entered into with
local educational agencies and other public and private agencies
and institutions within the State during each fiscal year
concerned;
``(2) analyze the information included in the report by local
educational agency and by program;
``(3) include the total amount of funds available to the State
under each such program for each fiscal year concerned; and
``(4) be made readily available by the State to local
educational agencies and institutions within the State and to the
public.
``(c) If the Secretary does not receive a report by the date
required under subsection (a), or receives an incomplete report, the
Secretary, not later than 30 days after such report is required to be
submitted, shall take all reasonable measures to obtain the delinquent
or incomplete information from the State educational agency.
``(d) When the Secretary receives a report required under
subsection (a), the Secretary shall provide such information to the
National Center for Education Statistics, and shall make such
information available, at a reasonable cost, to any individual who
requests such information.
``(e) The Secretary shall consult with the Speaker and Minority
Leader of the House of Representatives and the Majority and Minority
Leaders of the Senate regarding the costs and feasibility of making the
information described in subsection (a) available as part of a
telecommunications network that is readily accessible to every member
of Congress and other interested parties.
``(f) On or before August 15 of each year in which reports are
submitted under subsection (a), 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. Such
report shall include--
``(1) an analysis of the content and data quality of such
reports;
``(2) a compilation of statistical data derived from such
reports; and
``(3) information obtained by the Secretary with respect to--
``(A) direct grants made to local educational agencies by
the Federal Government; and
``(B) contracts entered into between such agencies and the
Federal Government.''.
SEC. 235. BIENNIAL EVALUATION REPORT.
Section 425 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1226c) is amended to read as follows:
``biennial evaluation report
``Sec. 425. Not later than March 31, 1995, and every two years
after such date, the Secretary shall transmit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Labor and Human Resources of the Senate an evaluation report on the
effectiveness of applicable programs in achieving such programs'
legislated intent and purposes during the two preceding fiscal years.
Such report shall--
``(1) contain program profiles that include legislative
citations, multiyear funding histories, and legislated purposes;
``(2) contain recent information on the progress being made
toward the achievement of program objectives, including listings of
program performance indicators, data from performance measurement
based on the indicators, and information on the costs and benefits
of the applicable programs being evaluated;
``(3) address significant program activities, such as
initiatives for program improvement, regulations, and program
monitoring and evaluation;
``(4) list the principal analyses and studies supporting the
major conclusions in such report;
``(5) be prepared in concise summary form with necessary
detailed data and appendixes, including available data to indicate
the effectiveness of the programs and projects by the race, sex,
disability and age of beneficiaries of such programs and projects;
and
``(6) include the results of the program evaluations conducted
in accordance with section 14701 of the Elementary and Secondary
Education Act of 1965.''.
SEC. 236. EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM
BENEFICIARIES.
Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is further
amended by inserting after section 426 (as redesignated by section
212(b)(1)) the following new section:
``EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM BENEFICIARIES
``Sec. 427. (a) The purpose of this section is to assist the
Department in implementing the Department's mission to ensure equal
access to education and to promote educational excellence throughout
the Nation, by--
``(1) ensuring equal opportunities to participate for all
eligible students, teachers, and other program beneficiaries in any
project or activity carried out under an applicable program; and
``(2) promoting the ability of such students, teachers, and
beneficiaries to meet high standards.
``(b) The Secretary shall require each applicant for assistance
under an applicable program (other than an individual) to develop and
describe in such applicant's application the steps such applicant
proposes to take to ensure equitable access to, and equitable
participation in, the project or activity to be conducted with such
assistance, by addressing the special needs of students, teachers, and
other program beneficiaries in order to overcome barriers to equitable
participation, including barriers based on gender, race, color,
national origin, disability, and age.
``(c) The Secretary may establish criteria and provide technical
assistance for meeting the requirements of this section.
``(d) Nothing in this section shall be construed to alter in any
way the rights or responsibilities established under the laws cited in
section 400(d) of this Act.''.
SEC. 237. COORDINATION.
Subpart 2 of part B of the Act (20 U.S.C. 1226b et seq.) is further
amended by adding at the end the following new section:
``coordination
``Sec. 428. The National Assessment Governing Board, the Advisory
Council on Education Statistics, the National Education Goals Panel,
the National Education Standards and Improvement Council, and any other
board established to analyze, address, or approve education content or
student performance standards and assessments shall coordinate and
interact with one another in order to ensure that each such entity does
not duplicate activities to assist the States in reforming their
educational systems.''.
SEC. 238. DISCLOSURE REQUIREMENTS.
Subpart 2 of part B of the Act (20 U.S.C. 1226b) is further amended
by inserting after section 428 (as added by section 237) the following
new section:
``disclosure requirements
``Sec. 429. (a) In General.--Each educational organization, prior
to enrolling a minor and prior to accepting funds for the cost of a
minor's participation in an educational program operated by such
organization, shall disclose the following information in written form
to the minor or the minor's parent.
``(1) Method of solicitation and selection.--The method of
solicitation and selection of participants in the educational
program, including--
``(A) the origin of any mailing list used for such
solicitation and selection;
``(B) any recruitment through a local school official,
teacher, or school personnel, including any compensation or
other benefit offered to such official, teacher, or personnel
for the recommendation of a minor for participation in the
educational program;
``(C) any open enrollment activity, including the method of
outreach; and
``(D) any cooperation with, or sponsorship by, a membership
organization, including a description of the cooperation or
sponsorship and the name of each such organization.
``(2) Cost and fees.--Information regarding the cost of the
educational program and information regarding the distribution of
any enrollment fee, including--
``(A) the amount paid for, and the percentage of the total
educational program cost of, each feature of the educational
program, including--
``(i) food;
``(ii) lodging;
``(iii) transportation;
``(iv) program staffing;
``(v) textbooks, syllabi, or other scholastic
educational program materials;
``(vi) speaker fees; and
``(vii) administrative expenses, including expenses
related to--
``(I) the preparation of nonscholastic educational
program materials;
``(II) the provision of financial assistance;
``(III) mailing list rental or other recruitment
activity; and
``(IV) administrative salaries and consulting fees;
``(B) the identity of the organization or business
providing each of the features described in clauses (i) through
(vii) of subparagraph (A); and
``(C) the nature of any relationship of any board member,
officer, or employee of the educational organization to any
organization or business described in subparagraph (B),
including the salary or other compensation paid by such
organization or business to such board member, officer, or
employee.
``(b) Nondiscriminatory Enrollment and Service Policy.--
``(1) In general.--Each educational organization shall include
a verifiable statement in all enrollment or recruitment material
that the educational organization does not--
``(A) fail or refuse to hire, or discharge, any individual,
or otherwise discriminate against any individual with respect
to compensation, terms, conditions, or privileges of
employment; or
``(B) exclude any student from participation in an
educational program, discriminate against any student in
providing the benefits associated with such program (including
any scholarship or financial assistance, and use of any
facility), or subject the student to discrimination under such
program, on the basis of race, disability, or residence in a
low-income area.
``(2) Construction.--Nothing in this subsection shall be
construed to entitle a student to--
``(A) participation in an educational program or any
benefit associated with such program; or
``(B) a waiver of any fee charged for such participation or
benefit.
``(c) Enforcement.--The Secretary shall--
``(1)(A) widely disseminate information about the requirements
of this section to State and local school officials and parents;
and
``(B) require educational organizations to submit appropriate
information or assurances regarding such organizations' compliance
with this section; and
``(2) take whatever other steps the Secretary determines are
appropriate to enforce this section, including--
``(A) promulgating regulations;
``(B) establishing a complaint process;
``(C) referring complaints to the relevant Federal, State,
or local authorities for appropriate action;
``(D) alerting educational agencies, schools, and parents
to the practices of educational organizations that violate the
provisions of this section; and
``(E) imposing civil fines (not to exceed $1,000 per
violation) on educational organizations that knowingly violate
this section.
``(d) Definitions.--As used in this section:
``(1) Disability.--The term `disability' has the same meaning
given to such term by section 3(2) of the Americans with
Disabilities Act of 1990.
``(2) Educational organization.--(A) Except as provided in
subparagraphs (B) and (C), the term `educational organization'
means any organization or entity that--
``(i) provides an educational program for a fee; and
``(ii) recruits students through means such as commercial
media, direct mailings, school recruitment programs, school
administrators, teachers or staff, or current or former
participants in an educational program offered by such
organization or entity.
``(B) The definition in subparagraph (A) shall not include--
``(i) a local educational agency, State educational agency,
a State department of education, or an elementary or secondary
school as defined by the Elementary and Secondary Education Act
of 1965;
``(ii) an institution of higher education as defined by
section 1201(a) of the Higher Education Act of 1965; or
``(iii) a local organization sponsored by an elementary or
secondary school, a recreational organization, an entertainment
organization, a local sports activity group, or a social club.
``(C) For the purpose of subsection (a) only, such term does
not include an organization or entity that provides an educational
program if such organization or entity--
``(i) recruits, for participation in such program, solely
through a local school official; and
``(ii) does not offer a local school official, teacher, or
other school personnel compensation (other than compensation
for actual expenses incurred in performing chaperon activities
or for participating in separate, professionally-staffed
teacher training and technical assistance seminars and
workshops related to such program) or any other benefit for
such recruitment.
``(3) Educational program.--(A) Except as provided in
subparagraph (B), the term `educational program' means a special
honors program, seminar, citizenship experience, government study
program, educational vacation, student exchange program, or other
educational experience or honor--
``(i) that is generally directed toward minors or secondary
school students;
``(ii) for which a tuition or enrollment fee is charged;
``(iii) that is offered away from a student's regular place
of school attendance;
``(iv) that includes not less than one supervised night
away from home; and
``(v) that is intended to enhance a student's regular
course of study.
``(B) Such term does not include a recreational program, or a
social or religious activity.
``(4) Local school official.--The term `local school official'
means the highest administrative official serving a school
district, or such individual's designee.
``(5) Minor.--The term `minor' means an individual who has not
attained the age of 18 years.
``(6) Membership organization.--The term `membership
organization' includes any organization that maintains a membership
list or collects dues or membership fees from its members.
``(7) Recreational organization.--The term `recreational
organization' includes any organization or entity that has as its
primary function pleasure, amusement, or sports activities.
``(8) Recreational program.--The term `recreational program'
includes any activity or service that is intended as an
entertainment pastime.''.
PART D--ADMINISTRATION OF EDUCATION PROGRAMS
SEC. 241. JOINT FUNDING OF PROGRAMS.
Section 430 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1231) is amended to read as follows:
``joint funding of programs
``Sec. 430. (a)(1) The Secretary is authorized to enter into
arrangements with other Federal agencies to jointly carry out projects
of common interest, to transfer to such agencies funds appropriated
under any applicable program, and to receive and use funds from such
agencies, for projects of common interest.
``(2) Funds transferred or received pursuant to paragraph (1) shall
be used only in accordance with the statutes authorizing the
appropriation of such funds, and shall be made available by contract or
grant only to recipients eligible to receive such funds under such
statutes.
``(3) If the Secretary enters into an agreement under this
subsection for the administration of a project, the agency
administering the project shall use such agency's procedures to award
contracts or grants and to administer such awards, unless the parties
to the agreement specify the use of procedures of another agency that
is a party to the agreement.
``(4) If the Secretary has entered into an agreement authorized
under this subsection and the Secretary and the heads of the other
agencies participating in the agreement determine that joint funding is
necessary to address a special need consistent with the purposes and
authorized activities of each program that provides funding under the
joint project, the Secretary and the heads of the other participating
agencies may develop a single set of criteria for the jointly funded
project and require each applicant for such project to submit a single
application for review by the participating agencies.
``(b) The Secretary may develop the criteria for, and require the
submission of, joint applications under two or more applicable programs
under which funds are awarded on a competitive basis, and may jointly
review and approve such applications separately from other applications
under such programs, when the Secretary determines that such joint
awards are necessary to address a special need consistent with the
purposes and authorized activities of each such program. Any applicant
for such a joint award shall meet the eligibility requirements of each
such program.
``(c) The Secretary may not construe the provisions of this section
to take precedence over a limitation on joint funding contained in an
applicable statute.
``(d)(1) The Secretary shall provide notice to the Committee on
Education and Labor of the House of Representatives and to the
Committee on Labor and Human Resources of the Senate of each joint
funding agreement made with other Federal agencies not later than 60
days after the making of such agreements.
``(2) Such notice shall include--
``(A) a description of the purpose and objectives of the joint
funding arrangement;
``(B) the amounts and sources, by program, of the funds
dedicated to such arrangement; and
``(C) the criteria developed to govern the award of contracts
and grants.''.
SEC. 242. COLLECTION AND DISSEMINATION OF INFORMATION.
Section 431 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1231a) is amended to read as follows:
``COLLECTION AND DISSEMINATION OF INFORMATION
``Sec. 422. The Secretary shall--
``(1) prepare and disseminate to State and local educational
agencies and institutions information concerning applicable
programs, and cooperate with other Federal officials who administer
programs affecting education in disseminating information
concerning such programs;
``(2) inform the public regarding federally supported education
programs; and
``(3) collect data and information on applicable programs for
the purpose of obtaining objective measurements of the
effectiveness of such programs in achieving the intended purposes
of such programs.''.
SEC. 243. REVIEW OF APPLICATIONS.
Section 432 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1231b-2) is amended--
(1) in subsection (a)--
(A) by striking ``Commissioner'' and inserting
``Secretary'';
(B) by striking ``and in the case of the program provided
for in title I of the Elementary and Secondary Education Act of
1965,'';
(C) in the third sentence by inserting a comma after ``the
hearing''; and
(D) in the fourth sentence--
(i) by striking the comma after ``guidelines''; and
(ii) by inserting a comma after ``program'';
(2) in subsection (b), by striking ``Commissioner'' each place
such term appears and inserting ``Secretary''; and
(3) in subsection (d)--
(A) by striking ``Commissioner'' each place such term
appears and inserting ``Secretary''; and
(B) by inserting before the period ``or issue such other
orders as the Secretary may deem appropriate to achieve such
compliance''.
SEC. 244. PARENTAL INVOLVEMENT AND DISSEMINATION.
The matter preceding paragraph (1) of section 434 of the Act (as
redesignated by section 212(b)(1)) (20 U.S.C. 1231d) is amended--
(1) in the first sentence--
(A) by striking ``Commissioner'' and inserting
``Secretary''; and
(B) by striking ``he'' and inserting ``the Secretary''; and
(2) in the second sentence by inserting ``is made'' after
``such determination''.
SEC. 245. USE OF FUNDS WITHHELD.
Section 435 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1231e) is amended to read as follows:
``USE OF FUNDS WITHHELD
``Sec. 435. (a) At any time that the Secretary makes an allotment
or reallotment to any State under any applicable program, the Secretary
shall reduce such allotment or reallotment by such amount as the
Secretary determines such allotment or reallotment would have been
reduced, had the data on which such allotment or reallotment is based
excluded all data relating to local educational agencies of the State
that, on the date of the Secretary's action, are ineligible to receive
the Federal financial assistance involved because of failure to comply
with title VI of the Civil Rights Act of 1964, title IX of the
Education Amendments of 1972, section 504 of the Rehabilitation Act of
1973, or the Age Discrimination Act of 1975.
``(b) The Secretary may use any funds withheld under subsection
(a)--
``(1) to increase the allotments or reallotments of local
educational agencies within the State that are not described in
subsection (a), or the allotments or reallotment of all States, in
accordance with the Federal law governing the program; or
``(2) for grants to local educational agencies of that State in
accordance with section 405 of the Civil Rights Act of 1964, or for
any other program administered by the Department that is designed
to enhance equity in education or redress discrimination on the
basis of race, color, national origin, sex, age, or disability.''.
SEC. 246. APPLICATIONS.
Section 436 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1231g) is amended--
(1) in subsection (a), by striking ``for three fiscal years''
and inserting ``for more than one fiscal year''; and
(2) by striking ``Commissioner'' each place such term appears
and inserting ``Secretary''.
SEC. 247. REGULATIONS.
Section 437 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1232) is amended to read as follows:
``regulations
``Sec. 437. (a) For the purpose of this section, the term
`regulation' means any generally applicable rule, regulation,
guideline, interpretation, or other requirement that--
``(1) is prescribed by the Secretary or the Department; and
``(2) has legally binding effect in connection with, or
affecting, the provision of financial assistance under any
applicable program.
``(b) Regulations shall contain, immediately following each
substantive provision of such regulations, citations to the particular
section or sections of statutory law or other legal authority on which
such provision is based.
``(c) All regulations shall be uniformly applied and enforced
throughout the 50 States.
``(d) The exemption for public property, loans, grants and benefits
in section 553(a)(2) of title 5, United States Code, shall apply only
to regulations--
``(1) that govern the first grant competition under a new or
substantially revised program authority as determined by the
Secretary; or
``(2) where the Secretary determines that the requirements of
this subsection will cause extreme hardship to the intended
beneficiaries of the program affected by such regulations.
``(e) Not later than 60 days after the date of enactment of any
Act, or any portion of any Act, affecting the administration of any
applicable program, the Secretary shall submit to the Committee on
Education and Labor of the House of Representatives and the Committee
on Labor and Human Resources of the Senate a schedule in accordance
with which the Secretary plans to promulgate final regulations that the
Secretary determines are necessary to implement such Act or portion of
such Act. Such schedule shall provide that all such final regulations
shall be promulgated within 360 days after the date of enactment of
such Act or portion of such Act.
``(f) Concurrently with the publication of any final regulations,
the Secretary shall transmit a copy of such final regulations to the
Speaker of the House of Representatives and the President pro tempore
of the Senate.''.
SEC. 248. RECORDS; REDUCTION IN RETENTION REQUIREMENTS.
Section 443 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1232f) is amended--
(1) in subsection (a)--
(A) by striking ``grant, subgrant, contract, subcontract,
loan, or other arrangement (other than procurement contracts
awarded by an administrative head of an educational agency)''
and inserting ``grant, subgrant, cooperative agreement, loan,
or other arrangement'';
(B) by inserting ``financial or programmatic'' before
``audit.''; and
(C) in the last sentence, by striking ``five'' and
inserting ``three''; and
(2) in subsection (b), by striking ``to any records of a
recipient which may be related, or pertinent to, the grants,
subgrants, contracts, subcontracts, loans, or other arrangements''
and inserting ``to any records maintained by a recipient that may
be related, or pertinent to, grants, subgrants, cooperative
agreements, loans, or other arrangements''.
SEC. 249. PRIVACY RIGHTS.
Section 444 of the Act (as redesignated by section 212(b)(1)) (20
U.S.C. 1232g) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively;
(ii) by inserting after subparagraph (A) the following
new subparagraph:
``(B) No funds under any applicable program shall be made
available to any State educational agency (whether or not that
agency is an educational agency or institution under this
section) that has a policy of denying, or effectively prevents,
the parents of students the right to inspect and review the
education records maintained by the State educational agency on
their children who are or have been in attendance at any school
of an educational agency or institution that is subject to the
provisions of this section.'';
(iii) in clause (iii) of subparagraph (C) (as
redesignated by clause (i)), by striking ``(C)'' and
inserting ``(D)''; and
(iv) in subparagraph (D) (as redesignated by clause
(i)), by striking ``(B)'' and inserting ``(C)''; and
(B) in paragraph (2), by striking ``or other rights'' and
inserting ``rights'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``, including the
educational interests of the child for whom consent would
otherwise be required'' before the semicolon;
(ii) by amending subparagraph (E) to read as follows:
``(E) State and local officials or authorities to whom such
information is specifically allowed to be reported or disclosed
pursuant to State statute adopted--
``(i) before November 19, 1974, if the allowed reporting or
disclosure concerns the juvenile justice system and such
system's ability to effectively serve the student whose records
are released, or
``(ii) after November 19, 1974, if--
``(I) the allowed reporting or disclosure concerns the
juvenile justice system and such system's ability to
effectively serve, prior to adjudication, the student whose
records are released; and
``(II) the officials and authorities to whom such
information is disclosed certify in writing to the
educational agency or institution that the information will
not be disclosed to any other party except as provided
under State law without the prior written consent of the
parent of the student.'';
(iii) in subparagraph (H), by striking ``and'' after
the semicolon;
(iv) in subparagraph (I), by striking the period and
inserting ``; and''; and
(v) by adding at the end the following new
subparagraph:
``(J)(i) the entity or persons designated in a Federal
grand jury subpoena, in which case the court shall order, for
good cause shown, the educational agency or institution (and
any officer, director, employee, agent, or attorney for such
agency or institution) on which the subpoena is served, to not
disclose to any person the existence or contents of the
subpoena or any information furnished to the grand jury in
response to the subpoena; and
``(ii) the entity or persons designated in any other
subpoena issued for a law enforcement purpose, in which case
the court or other issuing agency may order, for good cause
shown, the educational agency or institution (and any officer,
director, employee, agent, or attorney for such agency or
institution) on which the subpoena is served, to not disclose
to any person the existence or contents of the subpoena or any
information furnished in response to the subpoena.'';
(B) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by
striking the period and inserting ``, unless--''; and
(ii) in subparagraph (B), by inserting ``except as
provided in paragraph (1)(J),'' before ``such
information''; and
(C) in subparagraph (B) of paragraph (4), by adding at the
end the following new sentence: ``If a third party outside the
educational agency or institution permits access to information
in violation of paragraph (2)(A), or fails to destroy
information in violation of paragraph (1)(F), the educational
agency or institution shall be prohibited from permitting
access to information from education records to that third
party for a period of not less than five years.'';
(3) in subsection (c), by striking ``The Secretary shall adopt
appropriate regulations to'' and inserting ``Not later than 240
days after the date of enactment of the Improving America's Schools
Act of 1994, the Secretary shall adopt appropriate regulations or
procedures, or identify existing regulations or procedures,
which'';
(4) in subsection (e), by inserting ``effectively'' before
``informs''; and
(5) by adding at the end the following new subsection:
``(h) Nothing in this section shall prohibit an educational agency
or institution from--
``(1) including appropriate information in the education record
of any student concerning disciplinary action taken against such
student for conduct that posed a significant risk to the safety or
well-being of that student, other students, or other members of the
school community; or
``(2) disclosing such information to teachers and school
officials, including teachers and school officials in other
schools, who have legitimate educational interests in the behavior
of the student.''.
SEC. 250. ENFORCEMENT.
(a) Recovery of Funds.--Section 452 of the Act (20 U.S.C. 1234a) is
amended--
(1) in the first sentence of paragraph (2) of subsection (a),
by striking ``stating'' and all that follows through the end of
such sentence and inserting ``establishing a prima facie case for
the recovery of funds, including an analysis reflecting the value
of the program services actually obtained in a determination of
harm to the Federal interest.'';
(2) in the first sentence of paragraph (1) of subsection (b),
by striking ``30'' and inserting ``60''; and
(3) in subsection (d), by--
(A) striking ``(d) Upon'' and inserting ``(d)(1) Upon'';
and
(B) adding at the end the following new paragraph:
``(2) During the conduct of such review, there shall not be any ex
parte contact between the Secretary and individuals representing the
Department or the recipient.''.
(b) Use of Recovered Funds.--Section 459 of the Act (20 U.S.C.
1234h) is amended--
(1) in paragraph (1) of subsection (a), by inserting ``,
provided that the recipient was notified of any noncompliance with
such requirements and given a reasonable period of time to remedy
such noncompliance'' before the semicolon; and
(2) by amending subsection (c) to read as follows:
``(c) Notwithstanding any other provisions of law, the funds made
available under this section shall remain available for expenditure for
a period of time deemed reasonable by the Secretary, but in no case to
exceed more than three fiscal years following the later of--
``(1) the fiscal year in which final agency action under
section 452(e) is taken; or
``(2) if such recipient files a petition for judicial review,
the fiscal year in which final judicial action under section 458 is
taken.''.
PART E--TECHNICAL AND CONFORMING AMENDMENTS
SEC. 261. TECHNICAL AND CONFORMING AMENDMENTS.
(a) Payments.--Section 423 of the Act (as redesignated by section
212(b)(1)) (20 U.S.C. 1226a-1) is amended by striking ``Commissioner''
and inserting ``Secretary''.
(b) Program Planning and Evaluation.--Section 426 of the Act (as
redesignated by section 212(b)(1)) (20 U.S.C. 1228) is amended--
(1) by striking ``title I of'' and all that follows through
``Congress)'' and inserting ``title VIII of the Elementary and
Secondary Education Act of 1965''; and
(2) by striking ``subparagraph (C) of section 3(d)(2) or
section 403(1)(C) of that Act'' and inserting ``subsections (d) and
(g) of section 8003 of such Act or residing on property described
in section 8013(10) of such Act''.
(c) Heading for Part C.--The heading for part C of the Act (20
U.S.C. 1230 et seq.) is amended by striking ``Commissioner of
Education'' and inserting ``Secretary''.
(d) Section 439.--Section 439 of the Act (as redesignated by
section 212(b)(1)) (20 U.S.C. 1232b) is amended by striking ``Except
for emergency relief under section 7 of the Act of September 30, 1950
(Public Law 874, Eighty-first Congress), all laborers'' and inserting
``All laborers''.
(e) Section 440.--
(1) Amendment to heading.--The heading for section 440 of the
Act (as redesignated by section 212(b)(1)) (20 U.S.C. 1232c) is
amended by striking ``Educational''.
(2) Amendment to text.--Section 440 of the Act (as redesignated
by section 212(b)(1)) (20 U.S.C. 1232c) is amended--
(A) by striking ``Commissioner'' each place such term
appears and inserting ``Secretary'';
(B) by redesignating the matter following paragraph (3) of
subsection (b) as subsection (c); and
(C) in subsection (c) (as redesignated by subparagraph
(B)), by striking ``paragraph (3)'' and inserting ``subsection
(b)(3)''.
(f) Section 441.--Section 441 of the Act (as redesignated by
section 212(b)(1)) (20 U.S.C. 1232d) is amended--
(1) by striking ``Commissioner'' each place such term appears
and inserting ``Secretary''; and
(2) in the first sentence of subsection (a)--
(A) by striking the comma after ``submits a plan'';
(B) by striking ``, in the case of programs under chapter 1
and chapter 2 of title I of the Elementary and Secondary
Education Act of 1965,''; and
(C) by striking ``title V of such Act'' and inserting
``part C of title V of the Elementary and Secondary Education
Act of 1965''.
(g) Section 442.--Section 442 of the Act (as redesignated by
section 212(b)(1)) (20 U.S.C. 1232e) is amended--
(1) in subsection (a), by striking ``that local education
agency'' and inserting ``that local educational agency''; and
(2) in subsection (b)--
(A) in paragraph (2), by inserting a comma after
``program'';
(B) in paragraph (4), by striking ``Commissioner'' each
place such term appears and inserting ``Secretary''; and
(C) in subparagraph (B) of paragraph (7), by striking
``handicapped individuals'' and inserting ``individuals with
disabilities''.
(h) Section 444.--Section 444 of the Act (as redesignated by
section 212(b)(1) and amended by section 249) (20 U.S.C. 1232g) is
further amended--
(1) in clause (ii) of subsection (a)(4)(B), by striking the
period and inserting a semicolon;
(2) in subsection (b)--
(A) in subparagraph (C) of paragraph (1), by striking
``(iii) an administrative head of an education agency (as
defined in section 408(c)), or (iv)'' and inserting ``or
(iii)'';
(B) in subparagraph (H) of paragraph (1), by striking
``1954'' and inserting ``1986''; and
(C) in paragraph (3)--
(i) by striking ``(C) an administrative head of an
education agency or (D)'' and inserting ``or (C)''; and
(ii) by striking ``education program'' and inserting
``education programs'';
(3) in subsection (d), by inserting a comma after
``education'';
(4) in subsection (f)--
(A) by striking ``, or an administrative head of an
education agency,'';
(B) by striking ``enforce provisions of this section'' and
inserting ``enforce this section'';
(C) by striking ``according to the provisions of'' and
inserting ``in accordance with''; and
(D) by striking ``comply with the provisions of this
section'' and inserting ``comply with this section''; and
(5) in subsection (g)--
(A) by striking ``of Health, Education, and Welfare''; and
(B) by striking ``the provisions of''.
(i) Conforming Amendment and Cross References.--
(1) Carl d. perkins vocational and applied technology education
act.--Subsection (b) of section 504 of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2466a(b)) is amended--
(A) by striking ``240-day'' and inserting ``360-day''; and
(B) by striking ``431(g)'' and inserting ``437(e)''.
(2) Higher education act of 1965.--Subsection (c) of section
556 of the Higher Education Act of 1965 (20 U.S.C. 1108d(c)) is
amended by striking ``435 and 436'' and inserting ``441 and 442''.
(3) Education and training for a competitive america act of
1988.--Paragraph (1) of section 6144 of the Education and Training
for a Competitive America Act of 1988 (20 U.S.C. 5124(1)) is
amended by striking ``405(d)(4)(A)(i) of the General Education
Provisions Act (20 U.S.C. 1221e(d)(4)(A)(i))'' and inserting
``section 941(h) of the Educational Research, Development,
Dissemination, and Improvement Act of 1994 (20 U.S.C. 6041(h))''.
PART F--RELATED AMENDMENTS TO OTHER ACTS
SEC. 271. DEPARTMENT OF EDUCATION ORGANIZATION ACT.
(a) Repeals and Redesignations.--
(1) Repeals.--Section 427 of the Department of Education
Organization Act (20 U.S.C. 3487) (hereafter in this part referred
to as the ``Act'') is repealed.
(2) Redesignation.--Sections 209, 210, 211, 212, 214, 303, 304,
305, 306, 307, and 428 of the Act are redesignated as sections 208,
209, 210, 211, 212, 302, 303, 304, 305, 306, and 427 of the Act,
respectively.
(3) Cross references.--(A) Paragraph (2) of section 401(b) of
the Act (20 U.S.C. 3461(b)(2)) is amended by striking ``209'' and
inserting ``208''.
(B) Paragraph (9) of section 912(l) of the Educational
Research, Development, Dissemination, and Improvement Act of 1994
(20 U.S.C. 6011(l)(9)) is amended by striking ``209'' and inserting
``208''.
(b) Gender Equity.--Subsection (b) of section 202 of the Act (20
U.S.C. 3412) is amended by inserting after paragraph (2) the following
new paragraph:
``(3) There shall be in the Department, a Special Assistant for
Gender Equity who shall be appointed by the Secretary. The Special
Assistant shall promote, coordinate, and evaluate gender equity
programs, including the dissemination of information, technical
assistance, and coordination of research activities. The Special
Assistant shall advise the Secretary and Deputy Secretary on all
matters relating to gender equity.''.
(c) Office of Non-public Education.--Title II of the Act (20 U.S.C.
3411 et seq.) is amended by adding immediately before section 215 the
following new section:
``OFFICE OF NON-PUBLIC EDUCATION
``Sec. 214. There shall be in the Department an Office of Non-
Public Education to ensure the maximum potential participation of non-
public school students in all Federal educational programs for which
such students are eligible.''.
(d) Rules; Acquisition and Maintenance of Property.--Part B of
title IV of the Act (20 U.S.C. 3471 et seq.) is amended--
(1) in section 414 (20 U.S.C. 1226a)--
(A) by striking ``(a)''; and
(B) by striking subsection (b); and
(2) in section 421 (20 U.S.C. 1230), by inserting ``and to
accept donations of services,'' after ``personal,''.
(e) Table of Contents.--The table of contents contained in section
1 of the Act (20 U.S.C. 3401 note) is amended to read as follows:
``TABLE OF CONTENTS
``Sec. 1. Short title; table of contents.
``TITLE I--GENERAL PROVISIONS
``Sec. 101. Findings.
``Sec. 102. Purposes.
``Sec. 103. Federal-State Relationships.
``Sec. 104. Definitions.
``TITLE II--ESTABLISHMENT OF THE DEPARTMENT
``Sec. 201. Establishment.
``Sec. 202. Principal officers.
``Sec. 203. Office for Civil Rights.
``Sec. 204. Office of Elementary and Secondary Education.
``Sec. 205. Office of Postsecondary Education.
``Sec. 206. Office of Vocational and Adult Education.
``Sec. 207. Office of Special Education and Rehabilitative Services.
``Sec. 208. Office of Educational Research and Improvement.
``Sec. 209. Office of Bilingual Education and Minority Languages
Affairs.
``Sec. 210. Office of General Counsel.
``Sec. 211. Office of Inspector General.
``Sec. 212. Office of Non-Public Education.
``Sec. 213. Office of Indian Education.
``Sec. 214. Office of Non-Public Education.
``Sec. 215. Office of Indian Education.
``Sec. 216. Office of Bilingual Education and Minority Languages
Affairs.
``Sec. 217. Federal Interagency Committee on Education.
``TITLE III--TRANSFERS OF AGENCIES AND FUNCTIONS
``Sec. 301. Transfers from the Department of Health, Education, and
Welfare.
``Sec. 302. Transfers from the Department of Labor.
``Sec. 303. Transfers of programs from the National Science Foundation.
``Sec. 304. Transfers from the Department of Justice.
``Sec. 305. Transfers from the Department of Housing and Urban
Development.
``Sec. 306. Effect of transfers.
``TITLE IV--ADMINISTRATIVE PROVISIONS
``Part A--Personnel Provisions
``Sec. 401. Officers and employees.
``Sec. 402. Experts and consultants.
``Sec. 403. Personnel reduction and annual limitations.
``Part B--General Administrative Provisions
``Sec. 411. General authority.
``Sec. 412. Delegation.
``Sec. 413. Reorganization.
``Sec. 414. Rules.
``Sec. 415. Contracts.
``Sec. 416. Regional and field offices.
``Sec. 417. Acquisition and maintenance of property.
``Sec. 418. Facilities at remote locations.
``Sec. 419. Use of facilities.
``Sec. 420. Copyrights and patents.
``Sec. 421. Gifts and bequests.
``Sec. 422. Technical advice.
``Sec. 423. Working capital fund.
``Sec. 424. Funds transfer.
``Sec. 425. Seal of department.
``Sec. 426. Annual report.
``Sec. 427. Authorization of appropriations.
``TITLE V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
``Sec. 501. Transfer and allocation of appropriations and personnel.
``Sec. 502. Effect on personnel.
``Sec. 503. Agency terminations.
``Sec. 504. Incidental transfers.
``Sec. 505. Savings provisions.
``Sec. 506. Separability.
``Sec. 507. Reference.
``Sec. 508. Amendments.
``Sec. 509. Redesignation.
``Sec. 510. Coordination of programs affecting handicapped individuals.
``Sec. 511. Transition.
``TITLE VI--EFFECTIVE DATE AND INTERIM APPOINTMENTS
``Sec. 601. Effective date.
``Sec. 602. Interim appointments.''.
SEC. 272. THE REHABILITATION ACT OF 1973.
Section 9 of the Rehabilitation Act of 1973 (29 U.S.C. 706) is
repealed.
TITLE III--AMENDMENTS TO OTHER ACTS
PART A--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT
SEC. 311. ALLOCATIONS UNDER SECTION 611.
(a) Maximum Amount.--Subsection (a) of section 611 of the
Individuals with Disabilities Education Act (hereafter in this part
referred to as the ``Act'') (20 U.S.C. 1411(a)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Except as provided in paragraph (5), the maximum amount
of the grant for which a State is entitled under this section for
any fiscal year is--
``(A) the sum of--
``(i) the number of children with disabilities in the
State, aged 6 through 21, who are receiving special
education and related services, as determined under
paragraph (3); and
``(ii) if the State is eligible for a grant under
section 619, the number of such children in the State, aged
3 through 5; multiplied by
``(B) 40 percent of the average per-pupil expenditure in
public elementary and secondary schools in the United
States.'';
(2) by amending paragraph (2) to read as follows:
``(2) For the purpose of this section, the term `State' means
each of the 50 States, the District of Columbia, and the
Commonwealth of Puerto Rico.''; and
(3) in subparagraph (A) of paragraph (5)--
(A) in clause (i)--
(i) by striking ``and the State'' and inserting ``, or
the combined percentage of such children counted by the
Secretary for the purpose of making fiscal year 1994
allocations under this section and under subpart 2 of part
D of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 (as such subpart was in effect on the
day preceding the date of enactment of the Improving
America's Schools Act of 1994), whichever is greater, if
the State''; and
(ii) by inserting ``and'' after the comma at the end;
(B) in clause (ii)--
(i) by striking ``and the State'' and inserting ``, or
the combined percentage of such children counted by the
Secretary for the purpose of making fiscal year 1994
allocations under this section and under subpart 2 of part
D of chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 (as such subpart was in effect on the
day preceding the date of enactment of the Improving
America's Schools Act of 1994), whichever is greater, if
the State''; and
(ii) by striking ``; and'' and inserting a period; and
(C) by striking clause (iii).
(b) State Uses.--Subsection (b) of section 611 of the Act (20
U.S.C. 1411(b)) is amended to read as follows:
``(b)(1) Notwithstanding subsections (a) and (g), no State shall
receive an amount under this section for any of the fiscal years 1995
through 1999 that is less than the sum of the amount such State
received for fiscal year 1994 under--
``(A) this section; and
``(B) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as such subpart was
in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) for children with
disabilities aged 3 through 21.
``(2) If, for fiscal year 1998 or 1999, the number of children
determined under subsection (a)(3) for any State is less than the total
number of children with disabilities, aged 3 through 21, counted for
that State's fiscal year 1994 grants under this section and under
subpart 2 of part D of chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 (as such subpart was in effect on the
day preceding the date of enactment of the Improving America's Schools
Act of 1994), then the amount determined under paragraph (1) for that
State shall be reduced by the same percentage by which the number of
those children so declined.
``(3)(A) If the sums made available under this part for any fiscal
year are insufficient to pay the full amounts that all States are
eligible to receive under paragraphs (1) and (2) for such year, the
Secretary shall ratably reduce the allocations to such States for such
year.
``(B) If additional funds become available for making payments
under paragraphs (1) and (2) for such fiscal year, allocations that
were reduced under subparagraph (A) shall be increased on the same
basis as such allocations were reduced.''.
(c) Distribution.--Subsection (c) of section 611 of the Act (20
U.S.C. 1411(c)) is amended--
(1) by amending paragraph (1) to read as follows:
``(1) Of the funds received under subsection (a) by any State
for any fiscal year--
``(A) a State may use not more than 25 percent of such
funds in accordance with paragraph (2); and
``(B) except as provided in paragraph (4), the State shall
distribute at least 75 percent of such funds to local
educational agencies and intermediate educational units, in
accordance with subsection (d), for use in accordance with
priorities established under section 612(3).''; and
(2) in paragraph (2), by amending subparagraph (A) to read as
follows:
``(A) From the funds that any State may use under paragraph
(1)(A) for any fiscal year, the State--
``(i) may use 5 percent of the funds received under
this section or $450,000, whichever is greater, for
administrative costs related to carrying out sections 612
and 613; and
``(ii) shall use the remainder--
``(I) to provide support services and direct
services, subject to subparagraph (B), in accordance
with priorities established under section 612(3); and
``(II) for the administrative costs of monitoring
and complaint investigation, but only to the extent
that such costs exceed the costs of administration
incurred during fiscal year 1985.''.
(d) Formula.--Subsection (d) of section 611 of the Act (20 U.S.C.
1411(d)) is amended to read as follows:
``(d)(1) From the total amount of funds available for any fiscal
year under subsection (c)(1)(B), the State shall provide to each local
educational agency or intermediate educational unit an amount that
bears the same ratio to such total amount as the number of children,
aged 3 through 21, determined under subsection (a)(3) for such agency
or unit bears to the total number of such children determined for all
such agencies and units that apply for such funds.
``(2)(A) To the extent necessary, the State--
``(i) shall use funds available under subsection (c)(2)(A)(ii)
to ensure that each State agency that received funds for fiscal
year 1994 under subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as such subpart was
in effect on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) receives, from the sum of
such funds and funds provided under paragraph (1), an amount equal
to--
``(I) the number of children, aged 6 through 21, determined
under subsection (a)(3) for such agency; multiplied by
``(II) the per-child amount provided under such subpart for
fiscal year 1994; and
``(ii) may use such funds to ensure that each local educational
agency that received for fiscal year 1994 under such subpart for
children who had transferred from a State-owned, State-operated, or
State-supported school or program assisted under such subpart
receives, from the sum of such funds and funds provided under
paragraph (1), an amount for each such child, aged 3 through 21,
determined under subsection (a)(3) for such agency, equal to the
per-child amount the agency received under such subpart for fiscal
year 1994.
``(B) For the purpose of subparagraph (A), the number of children
determined under subsection (a)(3) for any State agency or local
educational agency shall not exceed the number of children aged 3
through 21 for whom such agency received funds under such subpart for
such fiscal year.''.
(e) Jurisdictions.--Paragraph (1) of section 611(e) of the Act (20
U.S.C. 1411(e)(1)) is amended to read as follows:
``(1) The jurisdictions to which this subsection applies are
Guam, American Samoa, the Virgin Islands, the Commonwealth of the
Northern Mariana Islands, and Palau (until the Compact of Free
Association with the Government of Palau takes effect).''.
(f) Insufficient Appropriations.--Subsection (g) of section 611 of
the Act (20 U.S.C. 1411(g)) is amended to read as follows:
``(g)(1)(A) If the sums appropriated under subsection (h) for any
fiscal year are not sufficient to pay in full the total of the amounts
that all States are eligible to receive under subsection (a), each such
amount shall be ratably reduced.
``(B) If additional funds become available for making such payments
for any fiscal year, such reduced amounts shall be increased on the
same basis as such payments were reduced.
``(C) Any State that receives any such additional funds shall
distribute such funds in accordance with this section, except that any
State that has used funds available under subsection (c)(2)(A)(ii) for
the purposes described in subsection (d)(2) may--
``(i) deduct, from the amount that the State would otherwise be
required to make available to local educational agencies and
intermediate educational units, the same amount of such additional
funds as the State so used; and
``(ii) use such funds in accordance with subsection
(c)(2)(A)(ii).
``(2)(A) In any fiscal year for which payments have been reduced
and additional funds have not been made available under paragraph (1)
to pay in full the amounts for which all States are eligible under this
section, each State educational agency shall fix dates by which each
local educational agency or intermediate educational unit shall report
to the State agency the amount of funds available to such agency under
this section that such agency estimates such agency will expend.
``(B) The State educational agency shall, in accordance with this
section, reallocate any funds that the State educational agency
determines will not be used during the period of availability by local
educational agencies and intermediate educational units, and by any
such agency or unit to which such funds would be available if such
agency or unit applied for such funds under this part, to those local
educational agencies and intermediate educational units that the State
educational agency determines will need, and be able to use, additional
funds to carry out approved programs.''.
SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.
Part B of the Act (20 U.S.C. 1411 et seq.) is further amended by
inserting after section 614 the following new section:
``TREATMENT OF CHAPTER 1 STATE AGENCIES
``Sec. 614A. (a) For the purpose of making payments under sections
611 and 619 of this Act, any State agency that received funds for
fiscal year 1994 under subpart 2 of part D of chapter 1 of title I of
the Elementary and Secondary Education Act of 1965 (as such subpart was
in existence on the day preceding the date of enactment of the
Improving America's Schools Act of 1994) shall be treated as if the
State agency were a local educational agency.
``(b) Any State agency which desires to receive payments under
section 611(d) and section 619(c)(3) for any fiscal year shall submit
an application to the State educational agency. Such application
shall--
``(1) include an assurance that all children with disabilities
who are participating in programs and projects funded under this
part receive a free appropriate public education, and that such
children and their parents are provided all the rights and
procedural safeguards described in this part; and
``(2) meet those requirements of section 614 that the Secretary
finds appropriate.
``(c) Section 611(c)(4) shall not apply with respect to a State
agency that is eligible for a payment under this part by application of
this section.''.
SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.
(a) Amendment.--Subsection (c) of section 684 of the Act (20 U.S.C.
1484) is amended--
(1) by redesignating paragraph (2) as paragraph (6);
(2) by amending paragraph (1) to read as follows:
``(1) Except as provided in paragraphs (3), (4), and (5) from
the funds remaining for each fiscal year after the reservation and
payments under subsections (a) and (b), the Secretary shall first
allot to each State an amount that bears the same ratio to the
amount of such remainder as the number of infants and toddlers in
the State bears to the number of infants and toddlers in all
States.''; and
(3) by inserting after paragraph (1) the following new
paragraphs:
``(2) For fiscal year 1995 only, the Secretary shall allot
$34,000,000 of the remaining funds described in paragraph (1) among
the States in proportion to their relative numbers of infants and
toddlers with disabilities who--
``(A) are counted on December 1, 1994; and
``(B) would have been eligible to be counted under section
1221(c)(1) of the Elementary and Secondary Education Act of
1965 (as such section was in effect on the day preceding the
date of the enactment of the Improving America's Schools Act of
1994).
``(3) Except as provided in paragraphs (4) and (5), no State
shall receive an amount under this section for any fiscal year that
is less than the greater of--
``(A) one-half of one percent of the remaining amount
described in paragraph (1), excluding any amounts allotted
under paragraph (2); or
``(B) $500,000.
``(4)(A) Except as provided in paragraph (5), no State shall
receive an amount under this section for any of the fiscal years
1995 through 1999 that is less than the sum of the amount such
State received for fiscal year 1994 under--
``(i) this part; and
``(ii) subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (as such subpart
was in existence on the day preceding the date of enactment of
the Improving America's Schools Act of 1994) for children with
disabilities from birth through age 2.
``(B) If, for fiscal year 1998 or 1999, the number of infants
and toddlers in any State, as determined under paragraph (1), is
less than the number of infants and toddlers so determined for
fiscal year 1994, the amount determined under subparagraph (A) for
that State shall be reduced by the same percentage by which the
number of those infants and toddlers so declined.
``(5)(A) If the sums made available under this part for any
fiscal year are insufficient to pay the full amounts that all
States are eligible to receive under this subsection for such year,
the Secretary shall ratably reduce the allocations to such States
for such year.
``(B) If additional funds become available for making payments
under this subsection for such fiscal year, allocations that were
reduced under subparagraph (A) shall be increased on the same basis
as such allocations were reduced.''.
(b) Effective Date.--Subsection (a) and the amendments made by
subsection (a) shall take effect on October 1, 1994.
SEC. 314. LOCAL CONTROL OVER VIOLENCE.
(a) Amendments.--
(1) In general.--Paragraph (3) of section 615(e) of the Act (20
U.S.C. 1415(e)(3)) is amended--
(A) by striking ``During'' and inserting ``(A) Except as
provided in subparagraph (B), during''; and
(B) by adding at the end the following new subparagraph:
``(B)(i) Except as provided in clause (iii), if the proceedings
conducted pursuant to this section involve a child with a
disability who is determined to have brought a weapon to school
under the jurisdiction of such agency, then the child may be placed
in an interim alternative educational setting, in accordance with
State law, for not more than 45 days.
``(ii) The interim alternative educational setting described in
clause (i) shall be decided by the individuals described in section
602(a)(20).
``(iii) If a parent or guardian of a child described in clause
(i) requests a due process hearing pursuant to paragraph (2) of
subsection (b), then the child shall remain in the alternative
educational setting described in such clause during the pendency of
any proceedings conducted pursuant to this section, unless the
parents and the local educational agency agree otherwise.
``(iv) 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.''.
(2) Effective date.--Paragraph (1) and the amendments made by
paragraph (1) shall be effective during the period beginning on the
date of enactment of this Act and ending on the date of enactment
of an Act (enacted after the date of the enactment of this Act)
that reauthorizes the Individuals with Disabilities Education Act.
(b) Limitation.--Nothing in the Individuals with Disabilities
Education Act shall supersede the provisions of section 14601 of the
Elementary and Secondary Education Act if a child's behavior is
unrelated to such child's disability, except that this section shall be
interpreted in a manner that is consistent with the Department's final
guidance concerning State and local responsibilities under the Gun-Free
Schools Act of 1994.
SEC. 315. FAMILY SUPPORT FOR FAMILIES OF CHILDREN WITH
DISABILITIES.
The Individuals with Disabilities Education Act (20 U.S.C. 1400 et
seq.) is amended by adding at the end the following new part:
``PART I--FAMILY SUPPORT
``SEC. 701. SHORT TITLE.
``This part may be cited as the `Families of Children With
Disabilities Support Act of 1994'.
``SEC. 702. FINDINGS, PURPOSES, AND POLICY.
``(a) Findings.--The Congress makes the following findings:
``(1) It is in the best interest of our Nation to preserve,
strengthen, and maintain the family.
``(2) Families are the greatest natural resource available to
their children and are the major providers of support, care, and
training of their children.
``(3) Families of children with disabilities enrich the lives
of all citizens through the contributions of such families to the
economic, health, and social fabric of their community, State, and
Nation.
``(4) A growing number of families are searching for ways to
empower themselves to raise their children with disabilities at
home and in their communities. Supporting such families to enable
them to care for their children with disabilities at home is
efficient and can be cost-effective.
``(5) Children, including children with disabilities, benefit
from enduring family relationships in a nurturing home environment.
``(6) Many families experience exceptionally high financial
outlays and significant physical and emotional challenges in
meeting the special needs of their children with disabilities.
``(7) There are financial disincentives for families to care
for their children with disabilities at home.
``(8) Most families of children with disabilities do not have
access to family-centered and family-directed services to support
such families in their efforts to care for their children with
disabilities at home.
``(9) There is a need in each State for a comprehensive,
coordinated, interagency system of family support for families of
children with disabilities that is family-centered and family-
directed, is easily accessible, avoids duplication, uses existing
resources more efficiently, and prevents gaps in services to
families in all areas of the State.
``(10) The goals of the Nation properly include the goal of
providing families of children with disabilities the family support
necessary to accomplish the following:
``(A) To support the family.
``(B) To enable families of children with disabilities to
nurture and enjoy their children at home.
``(C) To enable families of children with disabilities to
make informed choices and decisions regarding the nature of
services, supports, and resources made available to such
families.
``(b) Purposes.--The purposes of this part are as follows:
``(1) To provide financial assistance to the States to support
systems change activities designed to assist each State to develop
and implement, or expand and enhance, a family-centered and family-
directed, culturally competent, community-centered, comprehensive,
statewide system of family support for families of children with
disabilities that is designed to--
``(A) ensure the full participation, choice and control of
families of children with disabilities in decisions related to
the provision of such family support for their family;
``(B) ensure the active involvement of families of children
with disabilities in the planning, development, implementation,
and evaluation of such a statewide system;
``(C) increase the availability of, funding for, access to,
and provision of family support for families of children with
disabilities;
``(D) promote training activities that are family-centered
and family-directed and that enhance the ability of family
members of children with disabilities to increase
participation, choice, and control in the provision of family
support for families of children with disabilities;
``(E) increase and promote interagency coordination among
State agencies, and between State agencies and private entities
that are involved in carrying out activities under section 708;
and
``(F) increase the awareness of laws, regulations,
policies, practices, procedures, and organizational structures,
which facilitate or impede the availability or provision of
family support for families of children with disabilities.
``(2) To enhance the ability of the Federal Government to--
``(A) identify Federal policies that facilitate or impede
family support for families of children with disabilities, and
that are consistent with the principles in subsection (c);
``(B) provide States with technical assistance and
information relating to the provision of family support for
families of children with disabilities;
``(C) conduct an evaluation of the program of grants to
States; and
``(D) provide funding for model demonstration and
innovation projects.
``(c) Policy.--It is the policy of the United States that all
programs, projects, and activities receiving assistance under this part
shall be family-centered and family-directed and shall be carried out
in a manner consistent with the following principles:
``(1) Family support for families of children with disabilities
must focus on the needs of the entire family.
``(2) Families of children with disabilities should be
supported in determining their needs and in making decisions
concerning necessary, desirable, and appropriate services.
``(3) Families should play decisionmaking roles in policies and
programs that affect the lives of such families.
``(4) Family needs change over time and family support for
families of children with disabilities must offer options that are
flexible and responsive to the unique needs and strengths and
cultural values of individual families.
``(5) Family support for families of children with disabilities
is proactive and not solely in response to a crisis.
``(6) Families must be supported in their efforts to promote
the integration and inclusion of their children with disabilities
into all aspects of community life.
``(7) Family support for families of children with disabilities
should promote the use of existing social networks, strengthen
natural sources of support, and help build connections to existing
community resources and services.
``(8) Youth with disabilities should be involved in
decisionmaking about their own lives, consistent with the unique
strengths, resources, priorities, concerns, abilities, and
capabilities of each such youth.
``(9) Services and supports must be provided in a manner that
demonstrates respect for individual dignity, personal
responsibility, self-determination, personal preferences, and
cultural differences of families.
``(d) Rule of Construction.--Nothing in this part shall be
construed to prevent families from choosing an out-of-home placement
for their children with disabilities, including institutional placement
for such children.
``SEC. 703. DEFINITIONS.
``For the purposes of this part, only the following definitions
shall apply:
``(1) Child with a disability.--The term `child with a
disability' means an individual who from birth through 21 years of
age meets the definition of disability under paragraph (4).
``(2) Council.--The term `Council' means an existing Council,
or a new Council, which is considered as a State Policy Council for
Families of Children with Disabilities under section 707.
``(3) Culturally competent.--The term `culturally competent'
means services, supports, or other assistance that is conducted or
provided in a manner that--
``(A) is responsive to the beliefs, interpersonal styles,
attitudes, language, and behaviors of those individuals
receiving services; and
``(B) has the greatest likelihood of ensuring maximum
participation of such individuals.
``(4) Disability.--The term `disability' means--
``(A) in the case of an individual 6 years of age or older,
a significant physical or mental impairment as defined pursuant
to State policy to the extent that such policy is established
without regard to type of disability; and
``(B) in the case of infants and young children, birth to
age 5, inclusive, a substantial developmental delay or specific
congenital or acquired conditions with a high probability of
resulting in a disability if services are not provided.
``(5) Existing council.--The term `existing Council' means an
entity or a committee of an entity that--
``(A) is established by a State prior to the date on which
the State submits an application for funding under this part;
``(B) has authority to advise the State with respect to
family support for families of children with disabilities; and
``(C) may have the authority to carry out other
responsibilities and duties.
``(6) Family.--The term `family' means a group of
interdependent persons residing in the same household that consists
of a child with a disability and one or more of the following:
``(A) A mother, father, brother, sister or any combination.
``(B) Extended blood relatives, such as a grandparent,
aunt, or uncle.
``(C) An adoptive parent.
``(D) One or more persons to whom legal custody of a child
with a disability has been given by a court.
``(E) A person providing short-term foster care that
includes a family reunification plan with the biological
family.
``(F) A person providing long-term foster care for a child
with a disability.
The term does not include employees who, acting in their paid
employment capacity, provide services to children with disabilities
in out-of-home settings such as hospitals, nursing homes, personal
care homes, board and care homes, group homes, or other facilities.
``(7) Family-centered and family-directed.--The term `family-
centered and family-directed' means, with respect to a service or
program, that the service or program--
``(A) facilitates the full participation, choice, and
control by families of children with disabilities in--
``(i) decisions relating to the supports that will meet
the priorities of the family; and
``(ii) the planning, development, implementation, and
evaluation of the statewide system of family support for
families of children with disabilities;
``(B) responds to the needs of the entire family of a child
with a disability in a timely and appropriate manner; and
``(C) is easily accessible to and usable by families of
children with disabilities.
``(8) Family satisfaction.--The term `family satisfaction'
means the extent to which a service or support meets a need, solves
a problem, or adds value for a family, as determined by the
individual family.
``(9) Family support for families of children with
disabilities.--The term `family support for families of children
with disabilities'--
``(A) means supports, resources, services, and other
assistance provided to families of children with disabilities
that are designed to--
``(i) support families in the efforts of such families
to raise their children with disabilities in the family
home;
``(ii) strengthen the role of the family as primary
caregiver;
``(iii) prevent inappropriate and unwanted out-of-the-
home placement and maintain family unity; and
``(iv) reunite families with children with disabilities
who have been placed out of the home, whenever possible;
and
``(B) includes--
``(i) service coordination that includes individualized
planning and brokering for services with families in
control of decisionmaking;
``(ii) goods and services, which may include
specialized diagnosis and evaluation, adaptive equipment,
respite care (in and out of the home), personal assistance
services, homemaker or chore services, behavioral supports,
assistive technology services and devices, permanency or
future planning, home and vehicle modifications and
repairs, equipment and consumable supplies, transportation,
specialized nutrition and clothing, counseling services and
mental health services for family members, family education
or training services, communication services, crisis
intervention, day care and child care for a child with a
disability, supports and services for integrated and
inclusive community activities, parent or family member
support groups, peer support, sitter service or companion
service, and education aids; and
``(iii) financial assistance, which may include
discretionary cash subsidies, allowances, voucher or
reimbursement systems, low-interest loans, or lines of
credit.
``(10) Integration and inclusion.--The term `integration and
inclusion' with respect to children with disabilities and their
families means--
``(A) the use of the same community resources that are used
by and available to other individuals and families;
``(B) the full and active participation in the same
community activities and utilization of the same community
resources as individuals without disabilities, living,
learning, working, and enjoying life in regular contact with
individuals without disabilities; and
``(C) having friendships and relationships with individuals
and families of their own choosing.
``(11) Lead entity.--The term `lead entity' means an office or
entity described in section 706.
``(12) New council.--The term `new Council' means a council
that is established by a State, and considered as the State Policy
Council for Families of Children with Disabilities, under section
707(a).
``(13) Secretary.--The term `Secretary' means the Secretary of
Health and Human Services.
``(14) Service coordination.--The term `service coordination'--
``(A) means those family-centered and family-directed
activities that assist and enable families to receive rights
and procedural safeguards and to gain access to social,
medical, legal, educational, and other supports and services;
and
``(B) includes--
``(i) follow-along services that assure, through a
continuing relationship between a family of a child with a
disability and an individual or entity, that the changing
needs of the child and family are recognized and
appropriately met;
``(ii) the coordination and monitoring of services
provided to children with disabilities and their families;
``(iii) the provision of information to children with
disabilities and their families about the availability of
services and assistance to such children and their families
in obtaining appropriate services; and
``(iv) the facilitation and organization of existing
social networks, and natural sources of support, and
community resources and services.
``(15) Statewide system of family support.--The term `statewide
system of family support for families of children with
disabilities' means a family-centered and family-directed,
culturally competent, community-centered, comprehensive, statewide
system of family support for families of children with disabilities
developed and implemented by a State under this part that--
``(A) addresses the needs of all families of children with
disabilities, including unserved and underserved populations;
and
``(B) addresses such needs without regard to the age, type
of disability, race, ethnicity, or gender of such children or
the particular major life activity for which such children need
the assistance.
``(16) Systems change activities.--The term `systems change
activities' means efforts that result in laws, regulations,
policies, practices, or organizational structures--
``(A) that are family-centered and family-directed;
``(B) that facilitate and increase access to, provision of,
and funding for, family support services for families of
children with disabilities; and
``(C) that otherwise accomplish the purposes of this part.
``(17) Unserved and underserved populations.--The term
`unserved and underserved populations' includes populations such as
individuals from racial and ethnic minority backgrounds,
economically disadvantaged individuals, individuals with limited-
English proficiency, individuals from underserved geographic areas
(rural or urban), and specific groups of individuals within the
population of individuals with disabilities, including individuals
with disabilities attributable to physical impairment, mental
impairment, or a combination of physical and mental impairments.
``SEC. 704. GRANTS TO STATES.
``(a) In General.--The Secretary shall make grants to States on a
competitive basis, in accordance with the provisions of this part, to
support systems change activities designed to assist States to develop
and implement, or expand and enhance, a statewide system of family
support for families of children with disabilities that accomplishes
the purposes described in section 702.
``(b) Award Period and Grant Limitation.--No grant shall be awarded
for a period greater than 3 years. A State shall be eligible for not
more than one grant.
``(c) Amount of Grants.--
``(1) Grants to states.--
``(A) Federal matching share.--From amounts appropriated
under section 716(a), the Secretary shall pay to each State
that has an application approved under section 705, for each
year of the grant period, an amount that is--
``(i) equal to 75 percent of the cost of the systems
change activities to be carried out by the State; and
``(ii) not less than $200,000 and not more than
$500,000.
``(B) Non-Federal Share.--The non-Federal share of payments
under this paragraph may be in cash or in kind fairly
evaluated, including planned equipment or services.
``(2) Grants to territories.--From amounts appropriated under
section 716(a) for any fiscal year, the Secretary shall pay to each
territory that has an application approved under section 705 not
more than $100,000.
``(3) Calculation of amounts.--The Secretary shall calculate a
grant amount described in paragraph (1) or (2) on the basis of the
following:
``(A) The amounts available for making grants under this
section.
``(B) The child population of the State or territory
concerned.
``(4) Definitions.--As used in this subsection:
``(A) State.--The term `State' means each of the 50 States
of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico.
``(B) Territory.--The term `territory' means the United
States Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, or the Republic of Palau (upon
the entry into force and effect of the Compact of Free
Association between the United States and the Republic of
Palau).
``(d) Priority for Previously Participating States.--Amounts
appropriated for purposes of carrying out the provisions of this
section in each of the 2 fiscal years succeeding the fiscal year in
which amounts are first appropriated for such purposes shall first be
made available to a State that--
``(1) received a grant under this section during the fiscal
year preceding the fiscal year concerned; and
``(2) is making significant progress in accordance with section
710.
``(e) Priorities for Distribution.--To the extent practicable, the
Secretary shall award grants to States under this section in a manner
that--
``(1) is geographically equitable; and
``(2) distributes the grants among States that have differing
levels of development of statewide systems of family support for
families of children with disabilities.
``SEC. 705. APPLICATION.
``A State that desires to receive a grant under this part shall
submit an application to the Secretary that contains the following
information and assurances:
``(1) Family-centered and family-directed approach.--An
assurance that the State will use funds made available under this
part to accomplish the purposes described in section 702 and the
goals, objectives, and family-centered outcomes described in
section 709(b) by carrying out systems change activities in
partnership with families and in a manner that is family-centered
and family-directed.
``(2) Designation of the lead entity.--Information identifying
the lead entity, and evidence documenting the abilities of such
entity.
``(3) State policy council for families of children with
disabilities.--An assurance of the following:
``(A) The State has designated or established Council that
meets the criteria set forth in section 707.
``(B) The lead entity will seek and consider on a regular
and ongoing basis advice from the Council regarding the
development and implementation of the strategic plan under
section 709, and other policies and procedures of general
applicability pertaining to the provision of family support for
families of children with disabilities in the State.
``(C) The lead entity will include, in its annual progress
reports, a summary of advice provided by the Council, including
recommendations from the annual report of the Council and the
response of the lead entity to such advice and recommendations.
``(D) The lead entity will transmit to the Council any
other plans, reports, and other information required under this
part.
``(4) Family involvement.--A description of the following:
``(A) The nature and extent of the involvement of families
of children with disabilities and individuals with disabilities
in the development of the application.
``(B) Strategies for actively involving families of
children with disabilities and individuals with disabilities in
the development, implementation, and evaluation of the
statewide system of family support for families of children
with disabilities.
``(C) Strategies and special outreach activities that will
be undertaken to ensure the active involvement of families of
children with disabilities who are members of unserved and
underserved populations.
``(D) Strategies for actively involving families of
children with disabilities who use family support services in
decisions relating to such services.
``(5) Agency involvement.--A description of the nature and
extent of involvement of various State agencies or units within
State agencies in the preparation of the application and the
continuing role of each agency in the statewide system of family
support for families of children with disabilities.
``(6) State resources.--A description of the State resources
and other resources that are available to commit to the statewide
system of family support for families of children with
disabilities.
``(7) Unmet needs.--A description of unmet needs for family
support for families of children with disabilities within the
State.
``(8) Preliminary plan.--A preliminary plan that contains
information on the program to be carried out under the grant with
respect to the goals and objectives of the State for the program
and the activities that the State plans to carry out under the
program (including the process for appointing individuals to the
Council) and that is consistent with the purposes of this part.
``(9) Activities.--An assurance that, except for the first year
of the grant, the State shall expend not less than 65 percent of
the funds made available to a State under this part for grants and
contracts to conduct the activities described in section 708.
``(10) Limit on administrative costs.--An assurance that the
lead entity that receives funding under this part in any fiscal
year shall use not more than 5 percent of such funds in such year
for administrative expenses. Such administrative expenses shall not
include expenses related to the activities of the Council.
``(11) Strategic plan.--A description of the measures that will
be taken by the State to develop a strategic plan in accordance
with section 709.
``(12) Evaluation.--An assurance that the State will conduct an
annual evaluation of the statewide system of family support for
families of children with disabilities in accordance with section
710.
``(13) Coordination with state and local councils.--An
assurance that the lead entity will coordinate the activities
funded through a grant made under this part with the activities
carried out by other relevant councils within the State.
``(14) Supplement other funds.--An assurance, with respect to
amounts received under a grant, of the following:
``(A) Such grant will be used to supplement and not
supplant amounts available from other sources that are expended
for programs of family support for families of children with
disabilities, including the provision of family support.
``(B) Such grant will not be used to pay a financial
obligation for family support for families of children with
disabilities that would have been paid with amounts available
from other sources if amounts under such grant had not been
available.
``(15) Other information and assurances.--Such other
information and assurances as the Secretary may reasonably require.
``SEC. 706. DESIGNATION OF THE LEAD ENTITY.
``(a) Designation.--The Chief Executive Officer of a State that
desires to receive a grant under section 704, shall designate the
office or entity (referred to in this part as the ``lead entity'')
responsible for--
``(1) submitting the application under section 705 on behalf of
the State;
``(2) administering and supervising the use of the amounts made
available under the grant;
``(3) coordinating efforts related to and supervising the
preparation of the application;
``(4) coordinating the planning, development, implementation
(or expansion and enhancement), and evaluation of a statewide
system of family support services for families of children with
disabilities among public agencies and between public agencies and
private agencies, including coordinating efforts related to
entering into interagency agreements; and
``(5) coordinating efforts related to the meaningful
participation by families in activities carried out under a grant
awarded under this part.
``(b) Qualifications.--In designating the lead entity, the Chief
Executive Officer may designate--
``(1) an office of the Chief Executive Officer;
``(2) a commission appointed by the Chief Executive Officer;
``(3) a public agency;
``(4) a council established under Federal or State law; or
``(5) another appropriate office, agency, or entity.
``(c) Capabilities of the Lead Entity.--The State shall provide, in
accordance with the requirements of section 705, evidence that the lead
entity has the capacity--
``(1) to promote a statewide system of family support for
families of children with disabilities throughout the State;
``(2) to promote and implement systems change activities;
``(3) to maximize access to public and private funds for family
support services for families of children with disabilities;
``(4) to implement effective strategies for capacity building,
family and professional training, and access to and funding for
family support services for families of children with disabilities
across agencies;
``(5) to promote and facilitate the implementation of family
support services for families of children with disabilities that
are family-centered and family-directed, and flexible, and that
provide families with the greatest possible decisionmaking
authority and control regarding the nature and use of services and
supports;
``(6) to promote leadership by families in planning, policy
development, implementation, and evaluation of family support
services for families of children with disabilities, and parent-
professional partnerships; and
``(7) to promote and develop interagency coordination and
collaboration.
``SEC. 707. STATE POLICY COUNCIL FOR FAMILY SUPPORT FOR FAMILIES OF
CHILDREN WITH DISABILITIES.
``(a) Designation or Establishment.--A State that desires to
receive financial assistance under this part shall, prior to the
receipt of funds under this part, designate an existing Council, or
establish a new Council, to be considered as a State Policy Council for
Families of Children with Disabilities.
``(b) Use of Existing Council.--
``(1) In general.--To the extent that a State has an existing
Council, the existing Council shall be considered in compliance
with this section if the existing Council meets the requirements
under paragraph (2).
``(2) Requirements.--An existing Council shall--
``(A) include a majority of members who are family members
of children with disabilities and who are children with
disabilities (from age 18 to 21);
``(B) in the case in which the existing Council does not
represent the full range of families and individuals described
in subsection (d)(1), adopt strategies that will ensure the
full participation of such families and individuals in all
activities carried out by the Council; and
``(C) carry out functions and authorities that are
comparable to the functions and authorities described in
subsections (e) through (h).
``(3) Documentation of compliance.--Any State that has an
existing Council shall include in a grant application submitted
under section 705 and in subsequent annual progress reports
submitted to the Secretary under section 710, a description of the
measures that are being taken or that are planned, to ensure that
the existing Council of the State complies with this section.
``(c) Appointments to New Council.--
``(1) Members.--To the extent that a State establishes a new
Council, members of the new Council shall be appointed by the Chief
Executive Officer of the State or the appropriate official within
the State responsible for making appointments in accordance with
subsection (d). The appointing authority shall select members after
soliciting recommendations from the State Developmental
Disabilities Council, parent or family organizations, and other
organizations representing the full range of disabilities covered
under this part. The appointing authority shall ensure that the
membership of the new Council reasonably represents the population
of the State and shall establish guidelines for the terms of the
members of the new Council.
``(2) Chairperson.--The new Council shall elect a member of the
new Council to serve as the Chairperson of the new Council. The
Chairperson shall be a family member, as described in subsection
(d)(1).
``(d) Composition.--The new Council shall be composed of--
``(1) a majority of members who are--
``(A) individuals who are family members of children with
disabilities, are eligible for family support, and represent
the diversity of families within the State, including those
families from unserved and underserved populations; and
``(B) children with disabilities, from age 18 to 21, and
are representative of the demographics of the State;
``(2) members--
``(A) who are from State agencies with significant
responsibility for the provision of, or payment for, family
support services to families of children with disabilities, and
who have sufficient authority to engage in policy planning and
implementation on behalf of such agencies; and
``(B) who are from the office of the Chief Executive
Officer of the State with responsibility with respect to budget
and finance; and
``(3) such additional members as the appointing authority
considers appropriate.
``(e) Functions.--The new Council shall--
``(1) establish formal policies regarding the operation of the
new Council;
``(2) advise and assist the lead entity in the performance of
responsibilities described in section 706(a), particularly the
promotion of interagency agreements and the promotion of meaningful
participation by families in all aspects of the statewide system of
family support for families of children with disabilities;
``(3) advise and assist State agencies in the development of
policies and procedures relating to the provision of family support
for families of children with disabilities in the State;
``(4) advise and assist the lead entity in the development of
all aspects of a strategic plan under section 709, including--
``(A) the mission, purpose, and principles of the statewide
system of family support for families of children with
disabilities;
``(B) the statement of family-centered outcomes;
``(C) the goals, objectives, and activities;
``(D) the quality improvement or quality enhancement
system;
``(E) the appeals process;
``(F) the eligibility criteria to be used for all programs,
projects, and activities carried out under this part;
``(G) the analysis of the extent to which family support
for families of children with disabilities is defined as a
benefit and not as income; and
``(H) the approach to the evaluation of the statewide
system of family support for families of children with
disabilities;
``(5) advise and assist the lead entity in the implementation
of systems change activities;
``(6) advise and assist the lead entity in assessing family
satisfaction with the statewide system of family support for
families of children with disabilities;
``(7) review, analyze, and comment on the strategic plan and
updates to the plan, progress reports, and annual budgets;
``(8) advise and assist the lead entity in the identification
of Federal and State barriers that impede the development of a
statewide system of family support for families of children with
disabilities; and
``(9) prepare and submit to the Chief Executive Officer of the
State, the State legislature, and to the Secretary an annual report
on the status of family support services for families of children
with disabilities, and make such report available to the public.
``(f) Hearings and Forums.--The new Council is authorized to hold
such hearings and forums as the new Council may determine to be
necessary to carry out the duties of the new Council.
``(g) Conflict of Interest.--No member of the new Council shall
cast a vote on any matter that would provide direct financial benefit
to such member or otherwise give the appearance of a conflict of
interest under applicable State law.
``(h) Compensation and Expenses.--The new Council may, consistent
with State law, use such resources to reimburse members of the new
Council for reasonable and necessary expenses of attending the new
Council meetings and performing Council duties (including child care
and personal assistance services), and to pay compensation to a member
of the new Council, if such member is not employed or must forfeit
wages from other employment, for each day the member is engaged in
performing Council duties.
``SEC. 708. AUTHORIZED ACTIVITIES.
``(a) In General.--A State that receives a grant under section 704
may use the funds made available through the grant to carry out systems
change activities, which accomplish the purposes described in section
702, such as the following activities:
``(1) Training and technical assistance.--The State may support
training and technical assistance activities for family members,
service providers, community members, professionals, members of the
Council, students and others that will do the following:
``(A) Increase family participation, choice, and control in
the provision of family support for families of children with
disabilities.
``(B) Promote partnerships with families of children with
disabilities at all levels of the service system.
``(C) Develop or strengthen family-centered and family-
directed approaches to services, including service coordination
services, service planning services, and respite care services.
``(D) Assist families of children with disabilities in
accessing natural and community supports and in obtaining
benefits and services.
``(2) Interagency coordination.--The State may support
activities that conduct the following:
``(A) Identification and coordination of Federal and State
policies, resources, and services, relating to the provision of
family support services for families of children with
disabilities, including entering into interagency agreements.
``(B) Interagency work groups to enhance public funding
options and coordinate access to funding for family support
services for families of children with disabilities, with
special attention to the issues of family involvement in the
identification, planning, use, delivery, and evaluation of such
services.
``(C) Documentation and dissemination of information about
interagency activities that promote coordination with respect
to family support services for families of children with
disabilities, including evidence of increased participation of
State and local health, maternal and child health, social
service, mental health, mental retardation and developmental
disabilities, child protection, education, early intervention,
developmental disabilities councils, agencies, and departments.
``(3) Local or regional councils.--The State may support the
development or enhancement of local or regional councils to review
the status of family support for families of children with
disabilities in the local or regional area, to advise and assist
with the planning, development, implementation, and evaluation of
family support for families of children with disabilities in such
local or regional area, and to provide recommendations to the State
regarding improvements and plans.
``(4) Outreach.--The State may conduct outreach activities to
locate families who are eligible for family support for families of
children with disabilities and to identify groups who are unserved
or underserved. Such activities may involve the creation or
maintenance of, support of, or provision of, assistance to
statewide and community parent organizations, and organizations
that provide family support to families of children with
disabilities.
``(5) Policy studies.--The State may support policy studies
that relate to the development and implementation, or expansion and
enhancement, of a statewide system of family support for families
of children with disabilities. Such studies may address issues
regarding eligibility and access to services.
``(6) Hearings and forums.--The State may conduct hearings and
forums to solicit input from families of children with disabilities
regarding family support programs, policies, and plans for such
families. Such hearings and forums may be conducted in
collaboration with other statewide councils.
``(7) Public awareness and education.--The State may develop
and disseminate information relating to family support for families
of children with disabilities designed to provide information to
such families, parent groups and organizations, public and private
agencies that are in contact with children with disabilities and
families of such children, students, policymakers, and the public.
Such information may relate to the nature, cost, and availability
of, and accessibility to, family support for families of children
with disabilities, the impact of family support for families of
children with disabilities on other benefits, and the efficacy of
family support for families of children with disabilities with
respect to enhancing the quality of family life.
``(8) Needs assessment.--The State may conduct a needs
assessment, which may, in part, be based on existing State data.
``(9) Program data.--The State may support the compilation and
evaluation of appropriate data related to the statewide system of
family support for families of children with disabilities.
``(10) Pilot demonstration projects.--The State may support
pilot demonstration projects to demonstrate new approaches to the
provision of family support for families of children with
disabilities. Such projects may include the demonstration of
family-centered and family-directed service coordination,
approaches to improve access to services, including independent
service coordination, peer support networks, and voucher programs.
``(11) Other activities.--The State may support other systems
change activities that accomplish the purposes described in section
702.
``(b) Special Rule.--In carrying out activities authorized under
this part, a State shall ensure that such programs and activities
address the needs of families who are economically disadvantaged.
``SEC. 709. STRATEGIC PLAN.
``(a) In General.--Not later than 6 months after the date on which
assistance is received by a State under this part, the lead entity of
the State, in conjunction with the Council, shall prepare and submit to
the Secretary a strategic plan designed to achieve the purposes and
policy of this part.
``(b) Contents.--The strategic plan shall include--
``(1) a statement of the mission, purpose, and principles of
the statewide system of family support for families of children
with disabilities in the State;
``(2) a statement of family-centered outcomes to be achieved by
the statewide system of family support for families of children
with disabilities;
``(3) specific goals and objectives for developing and
implementing, or expanding and improving, the system for providing
family support services for families of children with disabilities,
and for achieving the family-centered outcomes;
``(4) systemic approaches for accomplishing the objectives and
achieving the family-centered outcomes, including interagency
coordination and cooperation, that builds upon state-of-the-art
practices and research findings;
``(5) a description of the specific programs, projects, and
activities funded under this part and the manner in which the
programs, projects, and activities accomplish the objectives and
achieve the family-centered outcomes;
``(6) a description of an ongoing quality improvement or
quality enhancement system, which utilizes information from ongoing
measurements of the extent to which family-centered outcomes are
achieved, to improve the system;
``(7) a description of an appeals process that will be used in
resolving any disputes families of children with disabilities may
have regarding the determination of eligibility or the provision of
family support services to the family or to the child with a
disability;
``(8) a description of the eligibility criteria to be used to
carry out programs, projects, and activities under this part that
includes all eligible families;
``(9) an analysis of the extent to which family support for a
family of a child with a disability is defined as a benefit and not
as income; and
``(10) a description of the plan to conduct an annual
evaluation of the statewide system of family support for families
of children with disabilities, in conjunction with the Council, to
improve such statewide system and to document progress as required
by section 710.
``(c) Period and Updates.--The strategic plan shall cover the
period of the grant and shall be reviewed and updated on an annual
basis to reflect actual experience and family satisfaction information
over the preceding year and input from the Council, families of
children with disabilities, and other interested parties.
``(d) Recommendations.--Prior to developing the strategic plan, the
State shall solicit input and recommendations from interested members
of the public, either by holding public hearings or through an
alternative method or methods determined by the lead entity in
consultation with the Council. The lead entity shall also obtain the
comments and recommendations of the Council. The lead entity, in
conjunction with the Council, shall consider the recommendations and
attempt to reach a consensus with respect to such recommendations. If
the lead entity and the Council are unable to reach a consensus, the
lead entity shall include a written explanation of the reason a
consensus was not reached in the strategic plan.
``(e) Comment.--The State shall develop a procedure for ensuring
ongoing comment from the Council.
``(f) Dissemination.--The State shall widely disseminate the
strategic plan to families of children with disabilities, parent
organizations, and other interested persons.
``(g) Construction.--Nothing in this section shall be construed to
prevent a State from using an existing statewide strategic plan or
parts thereof to meet the requirements of this section as long as such
plan or the applicable parts thereof are comparable to the
specifications of this section.
``SEC. 710. PROGRESS CRITERIA AND REPORTS.
``(a) Guidelines.--The Secretary shall develop guidelines to be
used in assessing the extent to which a State that received a grant
under section 704 is making significant progress in developing and
implementing, or expanding and enhancing, a statewide system of family
support for families of children with disabilities consistent with the
purposes of this part.
``(b) Progress Reports.--A State that receives a grant under
section 704 shall submit annually to the Secretary a report that
documents progress in developing and implementing, or expanding and
enhancing, a statewide system of family support for families of
children with disabilities consistent with this part. Such report shall
include--
``(1) the results of the annual evaluation of the statewide
system of family support for families of children with
disabilities;
``(2) a description of the unanticipated problems with the
achievement of the goals, objectives, and family-centered outcomes
described in the application or strategic plan and the measures the
State has taken to rectify such problems;
``(3) for the annual progress report concerning the first year
of the grant period, the strategic plan developed by the State
during the first year; and
``(4) for the annual progress report concerning subsequent
years of the grant period, the updated strategic plan.
``SEC. 711. ADMINISTRATIVE PROVISIONS.
``(a) Evaluation of Grant Applications.--
``(1) Panels.--The Secretary shall convene panels of experts
who are competent, by virtue of their training or experience, to
evaluate grant applications under this part.
``(2) Composition of panels.--Panels shall be composed of a
majority of family members of children with disabilities and
individuals with disabilities, and may include service providers,
State administrative personnel, and professionals. Panels shall
include a majority of individuals who are not Federal employees.
``(3) Expenses and fees of the panel.--A member of the Panel
who is not a Federal employee shall receive travel, per diem and
consultant fees not to exceed the rate provided to other
consultants used by the Secretary. The Secretary may use funds
available under section 716 to pay expenses and fees of a member of
a Panel who is not a Federal employee.
``(b) Provision of Information.--To assist the Secretary in
carrying out the responsibilities of the Secretary under this section,
the Secretary may require States to provide relevant information,
including recommendations and relevant reports of the Council.
``(c) Appeals.--The Secretary shall establish appeals procedures
for States that are found in noncompliance with the provisions of this
part as the result of failure to supply information required under
section 705 or 710. The Secretary shall take into consideration the
comments of the Council.
``(d) Effect on Other Assistance.--This part may not be construed
as authorizing a Federal or State agency to reduce medical or other
assistance available, or to alter eligibility, under any Federal law.
``(e) Unobligated Funds.--Any amount paid to a State for a fiscal
year and remaining unobligated at the end of such year shall remain
available to such State for the next fiscal year for the purposes for
which such amount was paid.
``SEC. 712. TECHNICAL ASSISTANCE.
``(a) In General.--The Secretary shall make grants, or enter into
contracts or cooperative agreements, with appropriate public or private
agencies and organizations, including institutions of higher education,
with documented experience, expertise, and capacity, for the purpose of
providing technical assistance and information with respect to the
development and implementation, or expansion and enhancement, of a
statewide system of family support for families of children with
disabilities.
``(b) Purpose.--With respect to States receiving assistance under
this part, the technical assistance and information described under
subsection (a) shall be provided to the State agency designated as the
lead entity, the Council, family members of children with disabilities,
organizations, service providers, and policymakers involved with
children with disabilities and their families. Such technical
assistance shall also be available to States that do not receive
assistance under this part. Such technical assistance and information
shall--
``(1) facilitate effective systems change activities;
``(2) promote effective approaches to the development and
implementation, or expansion and enhancement of, the statewide
systems of family support for families of children with
disabilities that increase access to, funding for, and awareness of
family support for families of children with disabilities;
``(3) promote partnerships with families at all levels of the
service system;
``(4) foster awareness and understanding of Federal, State, and
local laws, regulations, policies, practices, procedures, and
organizational structures, that facilitate, and overcome barriers
to, funding for, and access to family support for families of
children with disabilities;
``(5) foster the development and replication of effective
approaches to strategic plan development, interagency coordination,
training, outreach to underserved groups, and public awareness
activities;
``(6) facilitate service delivery capacity, training, and the
improvement of data collection and evaluation systems;
``(7) promote effective approaches to the development of
family-centered and family-directed services, including approaches
to the development and measurement of family-centered outcomes
described in section 709(b)(2), and the assessment of family
satisfaction; and
``(8) coordinate and facilitate an annual meeting of the
chairpersons of the Councils.
``(c) Request for Technical Assistance.--A request for technical
assistance by a lead entity in a State receiving assistance under this
part shall be made in conjunction with the Council.
``(d) Reports to the Secretary.--An entity providing the technical
assistance under this section shall submit periodic reports to the
Secretary regarding Federal policies and procedures identified within
the States that facilitate or impede the delivery of family support to
families of children with disabilities. The report shall include
recommendations to the Secretary regarding the delivery of services,
coordination with other programs, and integration of the policies and
principles described in section 702 in other Federal legislation.
``SEC. 713. EVALUATION.
``(a) In General.--The Secretary shall make grants, or enter into
contracts or cooperative agreements, with appropriate public or private
agencies and organizations, including institutions of higher education,
with documented experience, expertise, and capacity for the purpose of
conducting a national evaluation of the program of grants to States
authorized by this part.
``(b) Purpose.--The purpose of an evaluation under subsection (a)
shall be to assess the status and effects of State efforts to develop
and implement, or expand and enhance, statewide systems of family
support for families of children with disabilities in a manner
consistent with the provisions of this part, particularly in terms of
the impact of such efforts on families of children with disabilities,
and to recommend amendments to this part that are necessary to assist
States to fully accomplish the purposes of this part. The Secretary or
recipient of assistance under this section shall work with the States
to consider and develop an information system designed to report and
compile, from information provided by the States, including the
Council, a qualitative and quantitative description of the impact of
the program of grants to States authorized by this part on--
``(1) families of children with disabilities, including
families from ethnic and racial minority backgrounds;
``(2) access to and funding for family support for families of
children with disabilities; and
``(3) the involvement of families at all levels of the service
system.
``(c) Report to Congress.--Not later than 2\1/2\ years after the
date of enactment of this part, the Secretary shall prepare and submit
to the appropriate committees of Congress a report concerning the
results of the evaluation conducted under this section.
``(d) Conflict of Interest.--The Secretary shall assure that a
recipient of a grant, contract, or cooperative agreement under this
section is independent from, and free from, any financial or personal
relationships with the recipient of a grant, contract, or cooperative
agreement selected to provide technical assistance under section 712.
``SEC. 714. PROJECTS OF NATIONAL SIGNIFICANCE.
``(a) Study by the Secretary.--The Secretary shall review Federal
programs to determine the extent to which such programs facilitate or
impede access to, provision of, and funding for family support for
families of children with disabilities, consistent with the policies
described in section 702.
``(b) Demonstration and Innovation Projects.--The Secretary shall
make grants or enter into contracts for projects of national
significance to support the development of national and State policies
and practices related to the development and implementation, or
expansion and enhancement, of family-centered and family-directed
systems of family support for families of children with disabilities.
``SEC. 715. CONSTRUCTION.
``Notwithstanding any other provision of this title, nothing in
parts A through H of this title shall be construed to apply to this
part.
``SEC. 716. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this part, $10,000,000 for fiscal year 1995, and such sums as may
be necessary for each of the fiscal years 1996 and 1997.
``(b) Reservation.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall reserve for each fiscal year 10 percent, or
$600,000 (whichever is greater), of the amount appropriated
pursuant to the authority of subsection (a) to carry out--
``(A) section 712, with respect to the provision of
technical assistance and information to States;
``(B) section 713, with respect to the conduct of the
evaluations;
``(C) section 711(a), with respect to the evaluation of
grant applications; and
``(D) section 714, with respect to the conduct of projects
of national significance.
``(2) Special rule.--The Secretary shall only use funds
reserved under paragraph (1) for a fiscal year to carry out section
714 for such year if the amount of funds reserved under such
paragraph for such fiscal year is $700,000 or greater.''.
PART B--EDUCATION FOR HOMELESS CHILDREN AND YOUTH
SEC. 321. AMENDMENTS TO TABLE OF CONTENTS.
The table of contents in section 101(b) of the Stewart B. McKinney
Homeless Assistance Act (42 U.S.C. 11301 note) is amended by striking
subtitles A and B of title VII and inserting the following:
``Subtitle A--Adult Education for the Homeless
``Sec. 701. State literacy initiatives.
``Subtitle B--Education for Homeless Children and Youth
``Sec. 721. Statement of policy.
``Sec. 722. Grants for State and local activities for the education of
homeless children and youth.
``Sec. 723. Local educational agency grants for the education of
homeless children and youth.
``Sec. 724. Secretarial responsibilities.
``Sec. 725. Definitions.
``Sec. 726. Authorization of appropriations.''.
SEC. 322. ADULT EDUCATION FOR THE HOMELESS.
Subtitle A of title VII of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11421 et seq.) is amended to read as follows:
``Subtitle A--Adult Education for the Homeless
``SEC. 701. STATE LITERACY INITIATIVES.
``(a) General Authority.--
``(1) Grants.--The Secretary of Education is authorized to make
grants to State educational agencies to enable each such agency to
implement, either directly or through contracts and grants, a
program of literacy training and academic remediation for adult
homeless individuals within the State, which program shall--
``(A) include outreach activities; and
``(B) be coordinated with other agencies or organizations,
such as community-based organizations, nonprofit literacy-
action organizations, and recipients of funds under the Adult
Education Act, title II of the Job Training Partnership Act,
the Youth Fair Chance program under part H of title IV of the
Job Training Partnership Act, the Volunteers in Service to
America program under part A of title I of the Domestic
Volunteer Service Act of 1973, part C of this title, or the Job
Opportunity and Basic Skills program under part F of title IV
of the Social Security Act.
``(2) Estimates and amounts.--The Secretary of Education, in
awarding grants under this section, shall give special
consideration to the estimates submitted in the application
submitted under subsection (b) and make such awards in whatever
amounts such Secretary determines will best serve the purposes of
this section.
``(b) Application.--Each State educational agency desiring to
receive a grant under this section shall submit to the Secretary of
Education an application at such time, in such manner, and containing
such information as the Secretary may reasonably require. Each such
application shall include an estimate of the number of homeless
individuals in the State and the number of such individuals expected to
be served.
``(c) Authorization of Appropriations.--For the purpose of carrying
out the adult literacy training and academic remediation programs
authorized by this section, there are authorized to be appropriated
such sums as may be necessary for each of the fiscal years 1995 through
1999.
``(d) Definition.--As used in this section, the term `State' means
each of the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth
of the Northern Mariana Islands, and Palau (until the effective date of
the Compact of Free Association with the Government of Palau).''.
SEC. 323. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.
Subtitle B of title VII of the Stewart B. McKinney Homeless
Assistance Act (42 U.S.C. 11431 et seq.) is amended to read as follows:
``Subtitle B--Education for Homeless Children and Youth
``SEC. 721. STATEMENT OF POLICY.
``It is the policy of the Congress that--
``(1) each State educational agency shall ensure that each
child of a homeless individual and each homeless youth has equal
access to the same free, appropriate public education, including a
public preschool education, as provided to other children and
youth;
``(2) in any State that has a compulsory residency requirement
as a component of the State's compulsory school attendance laws or
other laws, regulations, practices, or policies that may act as a
barrier to the enrollment, attendance, or success in school of
homeless children and youth, the State will review and undertake
steps to revise such laws, regulations, practices, or policies to
ensure that homeless children and youth are afforded the same free,
appropriate public education as provided to other children and
youth;
``(3) homelessness alone should not be sufficient reason to
separate students from the mainstream school environment; and
``(4) homeless children and youth should have access to the
education and other services that such children and youth need to
ensure that such children and youth have an opportunity to meet the
same challenging State student performance standards to which all
students are held.
``SEC. 722. GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--The Secretary is authorized to make
grants to States in accordance with the provisions of this section to
enable such States to carry out the activities described in subsections
(d), (e), (f), and (g).
``(b) Application.--No State may receive a grant under this section
unless the State educational agency submits an application to the
Secretary at such time, in such manner, and containing or accompanied
by such information as the Secretary may reasonably require.
``(c) Allocation and Reservations.--
``(1) In general.--Subject to paragraph (2) and section 724(c),
from the amounts appropriated for each fiscal year under section
726, the Secretary is authorized to allot to each State an amount
that bears the same ratio to the amount appropriated for such year
under section 726 as the amount allocated under section 1122 of the
Elementary and Secondary Education Act of 1965 to the State for
that year bears to the total amount allocated under section 1122 to
all States for that year, except that no State shall receive less
than $100,000.
``(2) Reservation.--(A) The Secretary is authorized to reserve
0.1 percent of the amount appropriated for each fiscal year under
section 726 to be allocated by the Secretary among the Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and Palau (until the effective date of the Compact
of Free Association with the Government of Palau), according to
their respective need for assistance under this subtitle, as
determined by the Secretary.
``(B)(i) The Secretary is authorized to transfer one percent of
the amount appropriated for each fiscal year under section 726 to
the Department of the Interior for programs for Indian students
served by schools funded by the Secretary of the Interior, as
determined under the Indian Self-Determination and Education
Assistance Act, that are consistent with the purposes of this Act.
``(ii) The Secretary and the Secretary of the Interior shall
enter into an agreement, consistent with the requirements of this
part, for the distribution and use of the funds described in clause
(i) under terms that the Secretary determines best meet the
purposes of the programs described in such clause. Such agreement
shall set forth the plans of the Secretary of the Interior for the
use of the amounts transferred, including appropriate goals,
objectives, and milestones.
``(3) Definition.--As used in this subsection, the term `State'
shall not include the Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, or Palau.
``(d) Activities.--Grants under this section shall be used--
``(1) to carry out the policies set forth in section 721 in the
State;
``(2) to provide activities for, and services to, homeless
children, including preschool-aged children, and homeless youth
that enable such children and youth to enroll in, attend, and
succeed in school, or, if appropriate, in preschool programs;
``(3) to establish or designate an Office of Coordinator of
Education of Homeless Children and Youth in the State educational
agency in accordance with subsection (f);
``(4) to prepare and carry out the State plan described in
subsection (g); and
``(5) to develop and implement professional development
programs for school personnel to heighten their awareness of, and
capacity to respond to, specific problems in the education of
homeless children and youth.
``(e) State and Local Grants.--
``(1) In general.--(A) Subject to subparagraph (B), if the
amount allotted to the State educational agency for any fiscal year
under this subtitle exceeds the amount such agency received for
fiscal year 1990 under this subtitle, such agency shall provide
grants to local educational agencies for purposes of section 723.
``(B) The State educational agency may reserve not more than
the greater of 5 percent of the amount such agency receives under
this subtitle for any fiscal year, or the amount such agency
received under this subtitle for fiscal year 1990, to conduct
activities under subsection (f) directly or through grants or
contracts.
``(2) Special rule.--If the amount allotted to a State
educational agency for any fiscal year under this subtitle is less
than the amount such agency received for fiscal year 1990 under
this subtitle, such agency, at such agency's discretion, may
provide grants to local educational agencies in accordance with
section 723 or may conduct activities under subsection (f) directly
or through grants or contracts.
``(f) Functions of the Office of Coordinator.--The Coordinator of
Education of Homeless Children and Youth established in each State
shall--
``(1) estimate the number of homeless children and youth in the
State and the number of such children and youth served with
assistance provided under the grants or contracts under this
subtitle;
``(2) gather, to the extent possible, reliable, valid, and
comprehensive information on the nature and extent of the problems
homeless children and youth have in gaining access to public
preschool programs and to public elementary and secondary schools,
the difficulties in identifying the special needs of such children
and youth, any progress made by the State educational agency and
local educational agencies in the State in addressing such problems
and difficulties, and the success of the program under this
subtitle in allowing homeless children and youth to enroll in,
attend, and succeed in, school;
``(3) develop and carry out the State plan described in
subsection (g);
``(4) prepare and submit to the Secretary not later than
October 1, 1997, and on October 1 of every third year thereafter, a
report on the information gathered pursuant to paragraphs (1) and
(2) and such additional information as the Secretary may require to
carry out the Secretary's responsibilities under this subtitle;
``(5) facilitate coordination between the State educational
agency, the State social services agency, and other agencies
providing services to homeless children and youth, including
homeless children and youth who are preschool age, and families of
such children and youth; and
``(6) develop relationships and coordinate with other relevant
education, child development, or preschool programs and providers
of services to homeless children, homeless families, and runaway
and homeless youth (including domestic violence agencies, shelter
operators, transitional housing facilities, runaway and homeless
youth centers, and transitional living programs for homeless
youth), to improve the provision of comprehensive services to
homeless children and youth and their families.
``(g) State Plan.--
``(1) In general.--Each State shall submit to the Secretary a
plan to provide for the education of homeless children and youth
within the State, which plan shall describe how such children and
youth are or will be given the opportunity to meet the same
challenging State student performance standards all students are
expected to meet, shall describe the procedures the State
educational agency will use to identify such children and youth in
the State and to assess their special needs, and shall--
``(A) describe procedures for the prompt resolution of
disputes regarding the educational placement of homeless
children and youth;
``(B) describe programs for school personnel (including
principals, attendance officers, teachers and enrollment
personnel), to heighten the awareness of such personnel of the
specific needs of runaway and homeless youth;
``(C) describe procedures that ensure that homeless
children and youth who meet the relevant eligibility criteria
are able to participate in Federal, State, or local food
programs;
``(D) describe procedures that ensure that--
``(i) homeless children have equal access to the same
public preschool programs, administered by the State
agency, as provided to other children; and
``(ii) homeless children and youth who meet the
relevant eligibility criteria are able to participate in
Federal, State, or local before- and after-school care
programs;
``(E) address problems set forth in the report provided to
the Secretary under subsection (f)(4);
``(F) address other problems with respect to the education
of homeless children and youth, including problems caused by--
``(i) transportation issues; and
``(ii) enrollment delays that are caused by--
``(I) immunization requirements;
``(II) residency requirements;
``(III) lack of birth certificates, school records,
or other documentation; or
``(IV) guardianship issues;
``(G) demonstrate that the State educational agency and
local educational agencies in the State have developed, and
will review and revise, policies to remove barriers to the
enrollment and retention of homeless children and youth in
schools in the State; and
``(H) contain an assurance that the State educational
agency and local educational agencies in the State will adopt
policies and practices to ensure that homeless children and
youth are not isolated or stigmatized.
``(2) Compliance.--Each plan adopted under this subsection
shall also show how the State will ensure that local educational
agencies in the State will comply with the requirements of
paragraphs (3) through (9).
``(3) Local educational agency requirements.--(A) The local
educational agency of each homeless child and youth to be assisted
under this subtitle shall, according to the child's or youth's best
interest, either--
``(i) continue the child's or youth's education in the
school of origin--
``(I) for the remainder of the academic year; or
``(II) in any case in which a family becomes homeless
between academic years, for the following academic year; or
``(ii) enroll the child or youth in any school that
nonhomeless students who live in the attendance area in which
the child or youth is actually living are eligible to attend.
``(B) In determining the best interests of the child or youth
under subparagraph (A), the local educational agency shall comply,
to the extent feasible, with the request made by a parent or
guardian regarding school selection.
``(C) For purposes of this paragraph, the term `school of
origin' means the school that the child or youth attended when
permanently housed, or the school in which the child or youth was
last enrolled.
``(D) The choice regarding placement shall be made regardless
of whether the child or youth lives with the homeless parents or
has been temporarily placed elsewhere by the parents.
``(4) Comparable services.--Each homeless child or youth to be
assisted under this subtitle shall be provided services comparable
to services offered to other students in the school selected
according to the provisions of paragraph (3), including--
``(A) transportation services;
``(B) educational services for which the child or youth
meets the eligibility criteria, such as services provided under
title I of the Elementary and Secondary Education Act of 1965
or similar State or local programs, educational programs for
children with disabilities, and educational programs for
students with limited-English proficiency;
``(C) programs in vocational education;
``(D) programs for gifted and talented students; and
``(E) school meals programs.
``(5) Records.--Any record ordinarily kept by the school,
including immunization records, academic records, birth
certificates, guardianship records, and evaluations for special
services or programs, of each homeless child or youth shall be
maintained--
``(A) so that the records are available, in a timely
fashion, when a child or youth enters a new school district;
and
``(B) in a manner consistent with section 444 of the
General Education Provisions Act.
``(6) Coordination.--Each local educational agency serving
homeless children and youth that receives assistance under this
subtitle shall coordinate with local social services agencies and
other agencies or programs providing services to such children or
youth and their families, including services and programs funded
under the Runaway and Homeless Youth Act.
``(7) Liaison.--(A) Each local educational agency that receives
assistance under this subtitle shall designate a homelessness
liaison to ensure that--
``(i) homeless children and youth enroll and succeed in the
schools of that agency; and
``(ii) homeless families, children, and youth receive
educational services for which such families, children, and
youth are eligible, including Head Start and Even Start
programs and preschool programs administered by the local
educational agency, and referrals to health care services,
dental services, mental health services, and other appropriate
services.
``(B) State coordinators and local educational agencies shall
inform school personnel, service providers, and advocates working
with homeless families of the duties of the liaisons.
``(8) Review and revisions.--Each State educational agency and
local educational agency that receives assistance under this
subtitle shall review and revise any policies that may act as
barriers to the enrollment of homeless children and youth in
schools selected in accordance with paragraph (3). In reviewing and
revising such policies, consideration shall be given to issues
concerning transportation, immunization, residency, birth
certificates, school records, and other documentation, and
guardianship. Special attention shall be given to ensuring the
enrollment and attendance of homeless children and youth who are
not currently attending school.
``(9) Coordination.--Where applicable, each State and local
educational agency that receives assistance under this subtitle
shall coordinate with State and local housing agencies responsible
for developing the comprehensive housing affordability strategy
described in section 105 of the Cranston-Gonzalez National
Affordable Housing Act to minimize educational disruption for
children who become homeless.
``SEC. 723. LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF
HOMELESS CHILDREN AND YOUTH.
``(a) General Authority.--
``(1) In general.--The State educational agency shall, in
accordance with section 722(e) and from amounts made available to
such agency under section 726, make grants to local educational
agencies for the purpose of facilitating the enrollment,
attendance, and success in school of homeless children and youth.
``(2) Services.--Unless otherwise specified, services under
paragraph (1) may be provided through programs on school grounds or
at other facilities. Where such services are provided through
programs to homeless students on school grounds, schools may
provide services to other children and youth who are determined by
the local educational agency to be at risk of failing in, or
dropping out of, schools, in the same setting or classroom. To the
maximum extent practicable, such services shall be provided through
existing programs and mechanisms that integrate homeless
individuals with nonhomeless individuals.
``(3) Requirement.--Services provided under this section shall
not replace the regular academic program and shall be designed to
expand upon or improve services provided as part of the school's
regular academic program.
``(b) Application.--A local educational agency that desires to
receive a grant under this section shall submit an application to the
State educational agency at such time, in such manner, and containing
or accompanied by such information as the State educational agency may
reasonably require according to guidelines issued by the Secretary.
Each such application shall include--
``(1) a description of the services and programs for which
assistance is sought and the problems to be addressed through the
provision of such services and programs;
``(2) an assurance that the local educational agency's combined
fiscal effort per student or the aggregate expenditures of that
agency and the State with respect to the provision of free public
education by such agency for the fiscal year preceding the fiscal
year for which the determination is made was not less than 90
percent of such combined fiscal effort or aggregate expenditures
for the second fiscal year preceding the fiscal year for which the
determination is made;
``(3) an assurance that the applicant complies with, or will
use requested funds to come into compliance with, paragraphs (3)
through (9) of section 722(g); and
``(4) a description of policies and procedures that the agency
will implement to ensure that activities carried out by the agency
will not isolate or stigmatize homeless children and youth.
``(c) Awards.--
``(1) In general.--The State educational agency shall, in
accordance with section 722(g) and from amounts made available to
such agency under section 726, award grants under this section to
local educational agencies submitting an application under
subsection (b) on the basis of the need of such agencies.
``(2) Need.--In determining need under paragraph (1), the State
educational agency may consider the number of homeless children and
youth enrolled in preschool, elementary, and secondary schools
within the area served by the agency, and shall consider the needs
of such children and youth and the ability of the agency to meet
such needs. Such agency may also consider--
``(A) the extent to which the proposed use of funds would
facilitate the enrollment, retention, and educational success
of homeless children and youth;
``(B) the extent to which the application reflects
coordination with other local and State agencies that serve
homeless children and youth, as well as the State plan required
by section 722(g);
``(C) the extent to which the applicant exhibits in the
application and in current practice a commitment to education
for all homeless children and youth; and
``(D) such other criteria as the agency determines
appropriate.
``(3) Duration of grants.--Grants awarded under this section
shall be for terms not to exceed three years.
``(d) Authorized Activities.--A local educational agency may use
funds awarded under this section for activities to carry out the
purpose of this subtitle, including--
``(1) the provision of tutoring, supplemental instruction, and
enriched educational services that are linked to the achievement of
the same challenging State content standards and challenging State
student performance standards the State establishes for other
children or youth;
``(2) the provision of expedited evaluations of the strengths
and needs of homeless children and youth, including needs and
eligibility for programs and services (such as educational programs
for gifted and talented students, children with disabilities, and
students with limited-English proficiency, services provided under
title I of the Elementary and Secondary Education Act of 1965 or
similar State or local programs, programs in vocational education,
and school meals programs);
``(3) professional development and other activities for
educators and pupil services personnel that are designed to
heighten the understanding and sensitivity of such personnel to the
needs of homeless children and youth, the rights of such children
and youth under this Act, and the specific educational needs of
runaway and homeless youth;
``(4) the provision of referral services to homeless children
and youth for medical, dental, mental, and other health services;
``(5) the provision of assistance to defray the excess cost of
transportation for students pursuant to section 722(g)(4), not
otherwise provided through Federal, State, or local funding, where
necessary to enable students to attend the school selected under
section 722(g)(3);
``(6) the provision of developmentally appropriate early
childhood education programs, not otherwise provided through
Federal, State, or local funding, for preschool-aged children;
``(7) the provision of before- and after-school, mentoring, and
summer programs for homeless children and youth in which a teacher
or other qualified individual provides tutoring, homework
assistance, and supervision of educational activities;
``(8) where necessary, the payment of fees and other costs
associated with tracking, obtaining, and transferring records
necessary to enroll homeless children and youth in school,
including birth certificates, immunization records, academic
records, guardianship records, and evaluations for special programs
or services;
``(9) the provision of education and training to the parents of
homeless children and youth about the rights of, and resources
available to, such children and youth;
``(10) the development of coordination between schools and
agencies providing services to homeless children and youth,
including programs funded under the Runaway and Homeless Youth Act;
``(11) the provision of pupil services (including violence
prevention counseling) and referrals for such services;
``(12) activities to address the particular needs of homeless
children and youth that may arise from domestic violence;
``(13) the adaptation of space and purchase of supplies for
nonschool facilities made available under subsection (a)(2) to
provide services under this subsection;
``(14) the provision of school supplies, including those
supplies to be distributed at shelters or temporary housing
facilities, or other appropriate locations; and
``(15) the provision of other extraordinary or emergency
assistance needed to enable homeless children and youth to attend
school.
``SEC. 724. SECRETARIAL RESPONSIBILITIES.
``(a) Review of Plans.--In reviewing the State plans submitted by
the State educational agencies under section 722(g), the Secretary
shall use a peer review process and shall evaluate whether State laws,
policies, and practices described in such plans adequately address the
problems of homeless children and youth relating to access to education
and placement as described in such plans.
``(b) Technical Assistance.--The Secretary shall provide support
and technical assistance to the State educational agencies to assist
such agencies to carry out their responsibilities under this subtitle.
``(c) Evaluation and Dissemination.--The Secretary shall conduct
evaluation and dissemination activities of programs designed to meet
the educational needs of homeless elementary and secondary school
students, and may use funds appropriated under section 726 to conduct
such activities.
``(d) Submission and Distribution.--The Secretary shall require
applications for grants under this subtitle to be submitted to the
Secretary not later than the expiration of the 60-day period beginning
on the date that funds are available for purposes of making such grants
and shall make such grants not later than the expiration of the 120-day
period beginning on such date.
``(e) Determination by Secretary.--The Secretary, based on the
information received from the States and information gathered by the
Secretary under subsection (d), shall determine the extent to which
State educational agencies are ensuring that each homeless child and
homeless youth has access to a free appropriate public education as
described in section 721(1).
``(f) Reports.--The Secretary shall prepare and 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 on the
programs and activities authorized by this subtitle by December 31,
1997, and every third year thereafter.
``SEC. 725. DEFINITIONS.
``For the purpose of this subtitle, unless otherwise stated--
``(1) the term `Secretary' means the Secretary of Education;
and
``(2) the term `State' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out this subtitle, there are
authorized to be appropriated $30,000,000 for fiscal year 1995 and such
sums as may be necessary for each of the fiscal years 1996, 1997, 1998,
and 1999.''.
PART C--REPEAL OF IMPACT AID STATUTES
SEC. 331. REPEAL OF IMPACT AID STATUTES.
(a) Public Law 81-815.--The Act entitled ``An Act relating to the
construction of school facilities in areas affected by Federal
activities, and for other purposes'', approved September 23, 1950 (64
Stat. 967; 20 U.S.C. 631 et seq.) is repealed.
(b) Public Law 81-874.--The Act entitled ``An Act to provide
assistance for local educational agencies in areas affected by Federal
activities, and for other purposes'', approved September 30, 1950 (64
Stat. 1100; 20 U.S.C. 236 et seq.) is repealed.
PART D--AMENDMENTS TO THE ADULT EDUCATION ACT
SEC. 335. AMENDMENTS TO ADULT EDUCATION ACT.
(a) State Plan.--Paragraph (11) of section 342(c) of the Adult
Education Act (20 U.S.C. 1206a(c)(11)) is amended by inserting ``Even
Start,'' after ``1963,''.
(b) Authorization of Appropriations.--Subsection (n) of section 384
of the Adult Education Act (20 U.S.C. 1213c(n)) is amended by striking
``and 1995'' and inserting ``1995, and 1996''.
PART E--HIGHER EDUCATION
SEC. 351. HIGHER EDUCATION AMENDMENTS TO THE CARL D. PERKINS
VOCATIONAL AND APPLIED TECHNOLOGY EDUCATION ACT.
(a) Amendment.--The Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2301 et seq.) is amended--
(1) in paragraph (2) of section 232(d)--
(A) by inserting ``, notwithstanding section 427(b)(2) of
the Higher Education Amendments of 1992,'' before ``has''; and
(B) by inserting ``as such section was in effect on July
22, 1992'' before the semicolon; and
(2) in subparagraph (B) of section 404(a)(4)(B)--
(A) by inserting ``, notwithstanding section 427(b)(2) of
the Higher Education Amendments of 1992,'' before ``has''; and
(B) by inserting ``as such section was in effect on July
22, 1992'' before the period.
(b) Effective Date.--Subsection (a) and the amendments made by
subsection (a) shall take effect on the date of enactment of this Act,
except that a State that, prior to such date, distributed funds under
section 232 of the Carl D. Perkins Vocational and Applied Technology
Education Act from funds appropriated for fiscal year 1994 for such
program to proprietary institutions of higher education, as such term
is defined in section 481(b) of the Higher Education Act of 1965, may
continue to distribute such funds to such institutions until July 1,
1995.
SEC. 352. TECHNICAL AMENDMENT TO THE SECOND MORRILL ACT.
Section 5 of the Act of August 30, 1890 (26 Stat. 417, chapter 841;
7 U.S.C. 326a) (commonly known as the ``Second Morrill Act'') is
amended by striking ``and the Trust Territory of the Pacific Islands or
its successor governments'' and inserting ``the Federated States of
Micronesia, the Republic of the Marshall Islands, and the Republic of
Palau''.
SEC. 353. DEFINITIONS FOR PART A OF TITLE III.
Paragraph (1) of section 312(b) of the Higher Education Act of 1965
(20 U.S.C. 1058(b)(1)) is amended--
(1) by amending subparagraph (C) to read as follows:
``(C) which is--
``(i) legally authorized to provide, and provides
within the State, an educational program for which such
institution awards a bachelor's degree;
``(ii) a junior or community college; or
``(iii) the College of the Marshall Islands, the
College of Micronesia/Federated States of Micronesia, and
Palau Community College;''.
(2) in subparagraph (D), by striking ``and'' after the
semicolon; and
(3) by adding after subparagraph (E) the following new
subparagraph:
``(F) located in a State; and''.
SEC. 353A. PART D HEADING.
The heading for part D of title IV of the Higher Education Act of
1965 (20 U.S.C. 1087a et seq.) is amended to read as follows:
``PART D--WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM''.
SEC. 354. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL EARLY
INTERVENTION SCHOLARSHIP AND PARTNERSHIP PROGRAM.
Section 404G of the Higher Education Act of 1965 (20 U.S.C. 1070a-
27) is amended by striking the second sentence thereof.
SEC. 355. LENDER-OF-LAST-RESORT PROGRAMS.
(a) Amendment.--Paragraph (1) of section 428(c) of the Higher
Education Act of 1965 (20 U.S.C. 1078(c)(1)) is amended by adding at
the end the following new subparagraph:
``(G) Notwithstanding any other provision of this section,
the Secretary shall exclude a loan made pursuant to a lender-
of-last-resort program when making reimbursement payment
calculations under subparagraphs (B) and (C).''.
(b) Effective Date.--Subsection (a) and the amendment made by
subsection (a) shall take effect on August 10, 1993.
SEC. 356. FEDERAL CONSOLIDATION LOANS.
Paragraph (4) of section 428C(a) of the Higher Education Act of
1965 (20 U.S.C. 1078-3(a)(4)) is amended--
(1) in subparagraph (B), by striking ``or'' after the
semicolon;
(2) in subparagraph (C), by striking the period and inserting
``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) made under subpart II of part B of title VIII of the
Public Health Service Act.''.
SEC. 357. DEFINITION OF ECONOMIC HARDSHIP.
Paragraph (1) of section 435(o) of the Higher Education Act of 1965
(20 U.S.C. 1085(o)(1)) is amended--
(1) in clause (ii) of subparagraph (A), by striking ``or''
after the semicolon;
(2) by redesignating subparagraph (B) as subparagraph (C);
(3) by inserting after subparagraph (A) the following new
subparagraph:
``(B) such borrower is working full-time and has a Federal
educational debt burden that equals or exceeds 20 percent of
such borrower's adjusted gross income, and the difference
between such borrower's adjusted gross income minus such burden
is less than 220 percent of the greater of--
``(i) the annual earnings of an individual earning the
minimum wage under section 6 of the Fair Labor Standards
Act of 1938; or
``(ii) the income official 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) applicable to a family of two; or''; and
(4) in paragraph (2), by striking ``(1)(B)'' and inserting
``(1)(C)''.
SEC. 358. FACILITIES AUTHORITY OF THE STUDENT LOAN MARKETING
ASSOCIATION.
Section 439 of the Higher Education Act of 1965 (20 U.S.C. 1087-2)
is amended--
(1) in subparagraph (C) of subsection (d)(1)--
(A) in the matter preceding clause (i), by inserting
``(including related equipment, instrumentation, and
furnishings)'' after ``materials'';
(B) in clause (ii), by striking the semicolon and inserting
``, dining halls, student unions, and facilities specifically
designed to promote fitness and health for students, faculty,
and staff or for physical education courses; and'';
(C) in clause (iii), by striking ``and'' after the
semicolon;
(D) in the matter following clause (iv)--
(i) by striking ``15 percent'' and inserting ``30
percent''; and
(ii) by striking ``type'' and inserting ``types''; and
(E) by striking clause (iv); and
(2) in subsection (n), by striking ``a report of its operations
and activities during each year'' and inserting ``a report of the
Association's operations and activities, including a report with
respect to all facilities transactions, during each year''.
SEC. 358A. PROGRAM AUTHORITY.
Section 451 of the Higher Education Act of 1965 (20 U.S.C. 2087a)
is amended--
(1) by inserting ``(a) In General.--'' before ``There''; and
(2) by adding at the end the following new subsection:
``(b) Designation.--
``(1) Program.--The program established under this part shall
be referred to as the `William D. Ford Federal Direct Loan
Program'.
``(2) Direct loans.--Notwithstanding any other provision of
this part, loans made to borrowers under this part that, except as
otherwise specified in this part, have the same terms, conditions,
and benefits as loans made to borrowers under section 428, shall be
known as `Federal Direct Stafford/Ford Loans'.''.
SEC. 359. DEFERMENT ELIGIBILITY.
Subsection (f) of section 455 of the Higher Education Act of 1965
(20 U.S.C. 1087e(f)) is amended by adding at the end the following new
paragraphs:
``(3) Definition of borrower.--For the purpose of this
subsection, the term ``borrower'' means an individual who is a new
borrower on the date such individual applies for a loan under this
part for which the first disbursement is made on or after July 1,
1993.
``(4) Deferments for previous part b loan borrowers.--A
borrower of a loan made under this part, who at the time such
individual applies for such loan, has an outstanding balance of
principal or interest owing on any loan made, insured, or
guaranteed under part B of title IV prior to July 1, 1993, shall be
eligible for a deferment under section 427(a)(2)(C) or section
428(b)(1)(M) as such sections were in effect on July 22, 1992.''.
SEC. 360. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA NURSING
SCHOOLS.
(a) Amendment.--Part G of title IV of the Higher Education Act of
1965 (20 U.S.C. 1088 et seq.) is amended by inserting after section 481
the following new section:
``SEC. 481A. CLOCK AND CREDIT HOUR TREATMENT OF DIPLOMA NURSING
SCHOOLS.
``Notwithstanding any other provision of this Act, any regulations
promulgated by the Secretary concerning the relationship between clock
hours and semester, trimester, or quarter hours in calculating student
grant, loan, or work assistance under this title, shall not apply to a
public or private nonprofit hospital-based school of nursing that
awards a diploma at the completion of the school's program of
education.''.
(b) Effective Date.--Subsection (a) and the amendment made by
subsection (a) shall take effect on July 1, 1994.
SEC. 360A. ELIGIBILITY FOR STUDENTS FROM PALAU.
Subsection (j) of section 484 of the Higher Education Act of 1965
(20 U.S.C. 1091(j)) is amended to read as follows:
``(j) Assistance Under Subparts 1, 3, and 6, and Chapter 1 of
Subpart 2, of Part A, and Part C.--Notwithstanding any other provision
of law, a student shall be eligible, if otherwise qualified, for
assistance under subparts 1, 3, and 6, and chapter 1 of subpart 2, of
part A, and part C, of this title, if the student is otherwise
qualified and--
``(1) is a citizen of the Federated States of Micronesia, the
Republic of the Marshall Islands, or the Republic of Palau, and
attends an institution of higher education in a State or a public
or nonprofit private institution of higher education in the
Federated States of Micronesia, the Republic of the Marshall
Islands, or the Republic of Palau; or
``(2) meets the requirements of subsection (a)(5) and attends a
public or nonprofit private institution of higher education in the
Federated States of Micronesia, the Republic of the Marshall
Islands, or the Republic of Palau.''.
SEC. 360B. DISCLOSURE OF ATHLETIC PROGRAM PARTICIPATION RATES AND
FINANCIAL SUPPORT DATA.
(a) Short Title.--This section may be cited as the ``Equity in
Athletics Disclosure Act''.
(b) Findings.--The Congress finds that--
(1) participation in athletic pursuits plays an important role
in teaching young Americans how to work on teams, handle challenges
and overcome obstacles;
(2) participation in athletic pursuits plays an important role
in keeping the minds and bodies of young Americans healthy and
physically fit;
(3) there is increasing concern among citizens, educators, and
public officials regarding the athletic opportunities for young men
and women at institutions of higher education;
(4) a recent study by the National Collegiate Athletic
Association found that in Division I-A institutions, only 20
percent of the average athletic department operations budget of
$1,310,000 is spent on women's athletics; 15 percent of the average
recruiting budget of $318,402 is spent on recruiting female
athletes; the average scholarship expenses for men is $1,300,000
and $505,246 for women; and an average of 143 grants are awarded to
male athletes and 59 to women athletes;
(5) female college athletes receive less than 18 percent of the
athletics recruiting dollar and less than 24 percent of the
athletics operating dollar;
(6) male college athletes receive approximately $179,000,000
more per year in athletic scholarship grants than female college
athletes;
(7) prospective students and prospective student athletes
should be aware of the commitments of an institution to providing
equitable athletic opportunities for its men and women students;
and
(8) knowledge of an institution's expenditures for women's and
men's athletic programs would help prospective students and
prospective student athletes make informed judgments about the
commitments of a given institution of higher education to providing
equitable athletic benefits to its men and women students.
(c) Disclosure of Athletic Program.--Section 485 of the Higher
Education Act of 1965 (20 U.S.C. 1092) is amended by adding at the end
the following new subsection:
``(g) Data Required.--
``(1) In general.--Each coeducational institution of higher
education that participates in any program under this title, and
has an intercollegiate athletic program, shall annually, for the
immediately preceding academic year, prepare a report that contains
the following information regarding intercollegiate athletics:
``(A) The number of male and female full-time
undergraduates that attended the institution.
``(B) A listing of the varsity teams that competed in
intercollegiate athletic competition and for each such team the
following data:
``(i) The total number of participants, by team, as of
the day of the first scheduled contest for the team.
``(ii) Total operating expenses attributable to such
teams, except that an institution may also report such
expenses on a per capita basis for each team and
expenditures attributable to closely related teams such as
track and field or swimming and diving, may be reported
together, although such combinations shall be reported
separately for men's and women's teams.
``(iii) Whether the head coach is male or female and
whether the head coach is assigned to that team on a full-
time or part-time basis. Graduate assistants and volunteers
who serve as head coaches shall be considered to be head
coaches for the purposes of this clause.
``(iv) The number of assistant coaches who are male and
the number of assistant coaches who are female for each
team and whether a particular coach is assigned to that
team on a full-time or part-time basis. Graduate assistants
and volunteers who serve as assistant coaches shall be
considered to be assistant coaches for the purposes of this
clause.
``(C) The total amount of money spent on athletically
related student aid, including the value of waivers of
educational expenses, separately for men's and women's teams
overall.
``(D) The ratio of athletically related student aid awarded
male athletes to athletically related student aid awarded
female athletes.
``(E) The total amount of expenditures on recruiting,
separately for men's and women's teams overall.
``(F) The total annual revenues generated across all men's
teams and across all women's teams, except that an institution
may also report such revenues by individual team.
``(G) The average annual institutional salary of the head
coaches of men's teams, across all offered sports, and the
average annual institutional salary of the head coaches of
women's teams, across all offered sports.
``(H) The average annual institutional salary of the
assistant coaches of men's teams, across all offered sports,
and the average annual institutional salary of the assistant
coaches of women's teams, across all offered sports.
``(2) Special rule.--For the purposes of subparagraph (G), if a
coach has responsibilities for more than one team and the
institution does not allocate such coach's salary by team, the
institution should divide the salary by the number of teams for
which the coach has responsibility and allocate the salary among
the teams on a basis consistent with the coach's responsibilities
for the different teams.
``(3) Disclosure of information to students and public.--An
institution of higher education described in paragraph (1) shall
make available to students and potential students, upon request,
and to the public, the information contained in the report
described in paragraph (1), except that all students shall be
informed of their right to request such information.
``(4) Definition.--For the purposes of this subsection, the
term `operating expenses' means expenditures on lodging and meals,
transportation, officials, uniforms and equipment.
``(5) Regulations and effective date.--The Secretary shall
issue final regulations to implement the requirements of this
subsection not later than 180 days following the enactment of this
subsection. Each institution described in paragraph (1) shall make
available its first report pursuant to this section not later than
October 1, 1996.''.
SEC. 360C. FEDERAL INSURANCE FOR BONDS.
Subsection (b) of section 723 of the Higher Education Act of 1965
(20 U.S.C. 1132c-2(b)) is amended--
(1) in paragraph (8)--
(A) in subparagraph (A), by inserting ``, with each
eligible institution required to maintain in the escrow account
an amount equal to 10 percent of the outstanding principal of
all loans made to such institution under this part'' before the
semicolon; and
(B) by amending clause (ii) of subparagraph (B) to read as
follows:
``(ii) shall be used to return to an eligible
institution an amount equal to any remaining portion of
such institution's 10 percent deposit of loan proceeds
following scheduled repayment of such institution's
loan;''; and
(2) in paragraph (11), by striking ``regulations'' and
inserting ``conditions''.
SEC. 360D. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED YOUTH OFFENDERS.
Title X of the Higher Education Act of 1965 (20 U.S.C. 1135 et
seq.) is amended by adding at the end the following new part:
``PART E--GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED YOUTH OFFENDERS
``SEC. 1091. GRANTS TO STATES FOR WORKPLACE AND COMMUNITY TRANSITION
TRAINING FOR INCARCERATED YOUTH OFFENDERS.
``(a) Findings.--The Congress finds the following:
``(1) Over 150,000 youth offenders age 21 and younger are
incarcerated in the Nation's jails, juvenile facilities, and
prisons.
``(2) Most youth offenders who are incarcerated have been
sentenced as first-time adult felons.
``(3) Approximately 75 percent of youth offenders are high
school dropouts who lack basic literacy and life skills, have
little or no job experience, and lack marketable skills.
``(4) The average incarcerated youth has attended school only
through grade 10.
``(5) Most of these youths can be diverted from a life of crime
into productive citizenship with available educational, vocational,
work skills, and related service programs.
``(6) If not involved with educational programs while
incarcerated, almost all of these youths will return to a life of
crime upon release.
``(7) The average length of sentence for a youth offender is
about 3 years. Time spent in prison provides a unique opportunity
for education and training.
``(8) Even with quality education and training provided during
incarceration, a period of intense supervision, support, and
counseling is needed upon release to ensure effective reintegration
of youth offenders into society.
``(9) Research consistently shows that the vast majority of
incarcerated youths will not return to the public schools to
complete their education.
``(10) There is a need for alternative educational
opportunities during incarceration and after release.
``(b) Definition.--For purposes of this part, the term `youth
offender' means a male or female offender under the age of 25, who is
incarcerated in a State prison, including a prerelease facility.
``(c) Grant Program.--The Secretary shall establish a program in
accordance with this section to provide grants to the State
correctional education agencies to assist and encourage incarcerated
youths to acquire functional literacy, life, and job skills, through
the pursuit of a postsecondary education certificate, or an associate
of arts or bachelor's degree while in prison, and employment counseling
and other related services which start during incarceration and
continue through prerelease and while on parole.
``(d) Application.--To be eligible for a grant under this section,
a State correctional education agency shall submit to the Secretary a
proposal for a youth offender program that--
``(1) identifies the scope of the problem, including the number
of incarcerated youths in need of postsecondary education and
vocational training;
``(2) lists the accredited public or private educational
institution or institutions that will provide postsecondary
educational services;
``(3) lists the cooperating agencies, public and private, or
businesses that will provide related services, such as counseling
in the areas of career development, substance abuse, health, and
parenting skills;
``(4) describes the evaluation methods and performance measures
that the State correctional education agency will employ, provided
that such methods and measures are appropriate to meet the goals
and objectives of the proposal, and that such methods and measures
include measures of--
``(A) program completion;
``(B) student academic and vocational skill attainment;
``(C) success in job placement and retention; and
``(D) recidivism;
``(5) describes how the proposed programs are to be integrated
with existing State correctional education programs (such as adult
education, graduate education degree programs, and vocational
training) and State industry programs;
``(6) addresses the educational needs of youth offenders who
are in alternative programs (such as boot camps); and
``(7) describes how students will be selected so that only
youth offenders eligible under subsection (f) will be enrolled in
postsecondary programs.
``(e) Program Requirements.--Each State correctional education
agency receiving a grant under this section shall--
``(1) integrate activities carried out under the grant with the
objectives and activities of the school-to-work programs of such
State, including--
``(A) work experience or apprenticeship programs;
``(B) transitional worksite job training for vocational
education students that is related to the occupational goals of
such students and closely linked to classroom and laboratory
instruction;
``(C) placement services in occupations that the students
are preparing to enter;
``(D) employment-based learning programs; and
``(E) programs that address State and local labor
shortages;
``(2) annually report to the Secretary and the Attorney General
on the results of the evaluations conducted using the methods and
performance measures contained in the proposal; and
``(3) provide to each State for each student eligible under
subsection (f) not more than $1,500 annually for tuition, books,
and essential materials, and not more than $300 annually for
related services such as career development, substance abuse
counseling, parenting skills training, and health education, for
each eligible incarcerated youth.
``(f) Student Eligibility.--A youth offender shall be eligible for
participation in a program receiving a grant under this section if the
youth offender--
``(1) is eligible to be released within five years (including a
youth offender who is eligible for parole within such time); and
``(2) is 25 years of age or younger.
``(g) Length of Participation.--A State correctional education
agency receiving a grant under this section shall provide educational
and related services to each participating youth offender for a period
not to exceed 5 years, 1 year of which may be devoted to study in a
graduate education degree program or to remedial education services for
students who have obtained a secondary school diploma. Educational and
related services shall start during the period of incarceration in
prison or prerelease and may continue during the period of parole.
``(h) Education Delivery Systems.--State correctional education
agencies and cooperating institutions shall, to the extent practicable,
use high-tech applications in developing programs to meet the
requirements and goals of this section.
``(i) Allocation of Funds.--From the amounts appropriated pursuant
to subsection (j), the Secretary shall allot to each State an amount
that bears the same relationship to such funds as the total number of
students eligible under subsection (f) in such State bears to the total
number of such students in all States.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $5,000,000 for fiscal year 1995
and such sums as may be necessary for fiscal year 1996 and each of the
four succeeding fiscal years.''.
PART F--OTHER ACTS
SEC. 361. GOALS 2000: EDUCATE AMERICA ACT.
(a) Repeals.--Sections 231, 232, 234, and 235 of the Goals 2000:
Educate America Act (20 U.S.C. 5861, 5862, 5863, and 5864) are
repealed.
(b) Gift Authority.--
(1) National education goals panel.--Section 204 of the Goals
2000: Educate America Act (20 U.S.C. 5824) is amended by adding at
the end the following new subsection:
``(f) Gifts.--The Goals Panel may accept, administer, and utilize
gifts or donations of services, money, or property, whether real or
personal, tangible or intangible.''.
(2) National education standards and improvement council.--
Section 215 of the Goals 2000: Educate America Act (20 U.S.C. 5845)
is amended by adding at the end the following new subsection:
``(f) Gifts.--The Council may accept, administer, and utilize gifts
or donations of services, money, or property, whether real or personal,
tangible or intangible.''.
(c) Local Agency Plan Approval.--Paragraph 4 of section 309(a) of
the Goals 2000: Educate America Act (20 U.S.C. 5889) is amended by
inserting ``made by the local educational agency'' after
``modifications''.
(d) State Planning for Improving Student Achievement Through
Integration of Technology Into the Curriculum.--Subsection (b) of
section 317 of the Goals 2000: Educate America Act (20 U.S.C. 5897(b))
is amended by adding at the end the following new paragraph:
``(3) Outlying areas.--(A) From the amount appropriated
pursuant to the authority of subsection (f) for fiscal year 1995,
the Secretary shall reserve a total of 1 percent to provide
assistance under this section--
``(i) to the outlying areas; and
``(ii) for the Secretary of the Interior to conduct
directly or through a contract, systemic technology planning
for Bureau-funded schools.
``(B) The funds reserved under subparagraph (A) shall be
distributed among the outlying areas and the Secretary of the
Interior by the Secretary according to the relative need of such
areas and schools for assistance under this section.''.
SEC. 362. EDUCATION COUNCIL ACT OF 1991.
Title II of the Education Council Act of 1991 (20 U.S.C. 1221-1
note) is repealed.
SEC. 363. AUGUSTUS F. HAWKINS-ROBERT T. STAFFORD ELEMENTARY AND
SECONDARY SCHOOL IMPROVEMENT AMENDMENTS OF 1988.
Title IV of the Augustus F. Hawkins-Robert T. Stafford Elementary
and Secondary School Improvement Amendments of 1988 (20 U.S.C. 4901 et
seq.) is repealed.
SEC. 364. STAR SCHOOLS PROGRAM ASSISTANCE ACT.
The Star Schools Program Assistance Act (20 U.S.C. 4081 et seq.) is
repealed.
SEC. 365. FUND FOR THE IMPROVEMENT AND REFORM OF SCHOOLS AND
TEACHING ACT.
The Fund for the Improvement and Reform of Schools and Teaching Act
(20 U.S.C. 4801) is repealed.
SEC. 366. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH
DISABILITIES ACT OF 1988.
(a) In General.--Part E of title II of the Technology-Related
Assistance for Individuals With Disabilities Act of 1988 (29 U.S.C.
2231 et seq.) is repealed.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the Technology-Related Assistance for
Individuals With Disabilities Act Amendments of 1994.
SEC. 367. INDIAN EDUCATION ACT OF 1988.
The Indian Education Act of 1988 (25 U.S.C. 2601 note) is repealed.
SEC. 368. REHABILITATION ACT.
(a) In General.--Notwithstanding any provision of the
Rehabilitation Act of 1973, the amount otherwise payable to a State
under section 111 of such Act shall be reduced for fiscal years 1987,
1988, and 1989, by the amount by which expenditures from non-Federal
sources under the State plan under title I of such Act for such year
are less than the total of such expenditures for fiscal year 1972.
(b) Effective Date.--The amendment made by this section shall take
effect as if included in the Rehabilitation Act Amendments of 1992.
SEC. 369. AMENDMENT TO THE CARL D. PERKINS VOCATIONAL AND APPLIED
TECHNOLOGY EDUCATION ACT REGARDING THE TERRITORIES.
Section 101A of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2311a) is amended to read as
follows:
``SEC. 101A. THE TERRITORIES.
``(a) The Territories.--From funds reserved pursuant to section
101(a)(1)(C), the Secretary shall--
``(1) make a grant in the amount of $500,000 to Guam; and
``(2) make a grant in the amount of $190,000 to each of
American Samoa and the Commonwealth of the Northern Mariana
Islands.
``(b) Remainder.--Subject to the provisions of subsection (a), the
Secretary shall make a grant of the remainder of funds reserved
pursuant to section 101(a)(1)(C) to the Pacific Region Educational
Laboratory in Honolulu, Hawaii, to make grants for vocational education
and training in Guam, American Samoa, the Republic of Palau, the
Commonwealth of the Northern Mariana Islands, the Federated States of
Micronesia, and the Republic of the Marshall Islands, for the purpose
of providing direct educational services, including--
``(1) teacher and counselor training and retraining;
``(2) curriculum development; and
``(3) improving vocational education and training programs in
secondary schools and institutions of higher education, or
improving cooperative education programs involving both secondary
schools and institutions of higher education.
``(c) Limitation.--The Pacific Region Educational Laboratory may
use not more than 5 percent of the funds received pursuant to
subsection (b) for administrative costs.''.
SEC. 370. FAMILY SUPPORT CENTER PROGRAM.
(a) Administrative Provisions.--Subsection (f) of section 772 of
the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11482(f)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) Administrative costs.--Two percent of the amounts
appropriated under this title may be used by the Secretary to
administer the programs established under this title and three
percent of the amounts appropriated under this title may be used by
the Secretary to evaluate such programs and to provide technical
assistance to entities for the development and submission of
applications for grants under this section.'';
(2) in paragraph (3), by striking ``2 years'' and inserting ``3
years''; and
(3) by adding at the end thereof the following new paragraph:
``(4) Minimum amount.--No grant made under subsection (a) may
be awarded in an amount that is less than $200,000 per year.''.
(b) Report.--The matter preceding paragraph (1) of section 777 of
such Act (42 U.S.C. 11487) is amended by striking ``1992'' and
inserting ``1995''.
(c) Authorization for Appropriations.--Section 779 of such Act (42
U.S.C. 11489) is amended by striking ``for fiscal year 1993'' and
inserting ``for each of the fiscal years 1993 through 1998''.
(d) Technical Amendment.--Subsection (a) of section 774 of such Act
(42 U.S.C. 11484(a)) is amended by striking ``subsection (e)'' and
inserting ``subsection (d)''.
SEC. 371. THE NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES ACT OF
1965.
Subsection (c) of section 11 of the National Foundation on the Arts
and the Humanities Act of 1965 (20 U.S.C. 960(c)) is amended--
(1) in the second sentence of paragraph (1)--
(A) by striking ``any fiscal year'' and inserting ``fiscal
year 1995''; and
(B) by striking ``$50,000'' and inserting ``$100,000''; and
(2) in the second sentence of paragraph (2)--
(A) by striking ``any fiscal year'' and inserting ``fiscal
year 1995''; and
(B) by striking ``$50,000'' and inserting ``$100,000''.
SEC. 372. OFFICE OF INDIAN EDUCATION; OFFICE OF BILINGUAL
EDUCATION.
Title II of the Department of Education Organization Act (20 U.S.C.
3411 et seq.) is further amended--
(1) by redesignating section 215 as section 217; and
(2) by adding after section 214 (as added by section 271(c))
the following new section:
``SEC. 215. OFFICE OF INDIAN EDUCATION.
``(a) Office of Indian Education.--There shall be an Office of
Indian Education (referred to in this section as `the Office') in the
Department of Education.
``(b) Director.--
``(1) Appointment and reporting.--The Office shall be under the
direction of the Director, who shall be appointed by the Secretary
and who shall report directly to the Assistant Secretary for
Elementary and Secondary Education.
``(2) Duties.--The Director shall--
``(A) be responsible for administering this title;
``(B) be involved in, and be primarily responsible for, the
development of all policies affecting Indian children and
adults under programs administered by the Office of Elementary
and Secondary Education;
``(C) coordinate the development of policy and practice for
all programs in the Department relating to Indian persons; and
``(D) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to the education of Indian persons.
``(c) Indian Preference in Employment.--
``(1) In general.--The Secretary shall give a preference to
Indian persons in all personnel actions in the Office.
``(2) Implementation.--Such preference shall be implemented in
the same fashion as the preference given to any veteran under
section 45 of title 25, United States Code.
``SEC. 216. OFFICE OF BILINGUAL EDUCATION AND MINORITY LANGUAGES
AFFAIRS.
``(a) Establishment.--There shall be, in the Department, an Office
of Bilingual Education and Minority Languages Affairs through which the
Secretary shall carry out functions relating to bilingual education.
``(b) Director.--
``(1) In general.--The Office shall be headed by a Director of
Bilingual Education and Minority Languages Affairs, appointed by
the Secretary, to whom the Secretary shall delegate all delegable
functions relating to bilingual education. The Director shall also
be assigned responsibility for recommending improvements and
providing technical assistance to other Federal programs serving
language-minority and limited-English-proficient students and their
families and for assisting the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities which reflect the needs of language-minority and
limited-English language proficient students.
``(2) Organization.--The Office shall be organized as the
Director determines to be appropriate in order to carry out such
functions and responsibilities effectively.
``(3) Inclusion.--The Secretary shall ensure that limited-
English-proficient and language-minority students are included in
ways that are valid, reliable, and fair under all standards and
assessment development conducted or funded by the Department.''.
PART G--LIBRARY SERVICES AND CONSTRUCTION REAUTHORIZATION
SEC. 375. LIBRARY SERVICES AND CONSTRUCTION ACT AUTHORIZATIONS.
(a) In General.--Subsection (a) of section 4 of the Library
Services and Construction Act (20 U.S.C. 351b(a)) is amended--
(1) by striking ``for fiscal year 1990 and such sums as may be
necessary for each of the 4 succeeding fiscal years'' each place
the phrase appears and inserting ``for fiscal year 1995''; and
(2) in the matter following paragraph (7), by striking ``each
of the fiscal years 1990, 1991, 1992, 1993, and 1994'' and
inserting ``fiscal year 1995''.
(b) Family Learning Centers.--Section 806 (20 U.S.C. 385e) is
amended to read as follows:
``authorization of appropriations
``Sec. 806. There are authorized to be appropriated such sums as
may be necessary for fiscal year 1995 to carry out this part.''.
(c) Library Literacy Centers.--Section 818 (20 U.S.C. 386g) is
amended to read as follows:
``authorization of appropriations
``Sec. 818. There are authorized to be appropriated such sums as
may be necessary for fiscal year 1995 to carry out this part.''.
PART H--AMENDMENTS TO STATUTES PERTAINING TO INDIAN EDUCATION
SEC. 381. BUREAU OF INDIAN AFFAIRS.
Part B of title XI of the Education Amendments of 1978 (25 U.S.C.
2001 et seq.) is amended to read as follows:
``PART B--BUREAU OF INDIAN AFFAIRS PROGRAMS
``SEC. 1121. STANDARDS FOR THE BASIC EDUCATION OF INDIAN CHILDREN IN
BUREAU OF INDIAN AFFAIRS SCHOOLS.
``(a)(1) The purpose of the standards developed under this section
shall be to afford Indian students being served by a Bureau funded
school with the same opportunities as all other students to achieve the
National Education Goals embodied in the Goals 2000: Educate America
Act. Consistent with the provisions of this section and section 1131,
the Secretary shall take such actions as are necessary to coordinate
standards developed and implemented under this section with those in
the State improvement plans developed and implemented pursuant to the
Goals 2000: Educate America Act for the States in which each Bureau
funded school operates. In developing and reviewing such standards and
coordination, the Secretary shall utilize the findings and
recommendations of the panel established in section 315(b)(4) of such
Act.
``(2) The Secretary shall take immediate steps to encourage school
boards of Bureau funded schools to engage their communities in adopting
declarations of purposes of education in their communities, analyzing
the implications of such purposes for their schools, and determining
how such purposes may be made to motivate students and faculties and
otherwise animate their schools by May 1, 1995. Such declarations shall
represent the aspirations of a community for the kinds of persons such
community wants its children to increasingly become, and shall include
such purposes as assuring that all learners are becoming accomplished
in ways important to themselves and respected by their parents and
communities, shaping worthwhile and satisfying lives for themselves,
exemplifying the best values of the community and humankind, and
becoming increasingly effective in shaping the character and quality of
the world all learners share.
``(b) Within 18 months of the publication of the voluntary national
content standards described in section 213(a) of the Goals 2000:
Educate America Act, the Secretary, in consultation with the Secretary
of Education and Indian organizations and tribes, shall carry out or
cause to be carried out by contract with an Indian organization such
studies and surveys, making the fullest use possible of other existing
studies, surveys, and plans, as are necessary to establish and revise
standards for the basic education of Indian children attending Bureau
funded schools. Such studies and surveys shall take into account
factors such as academic needs, local cultural differences, type and
level of language skills, geographic isolation, and appropriate
teacher-student ratios for such children, and shall be directed toward
the attainment of equal educational opportunity for such children.
``(c)(1) The Secretary shall revise the minimum academic standards
published in the Federal Register of September 9, 1985 (50 Fed. Reg.
174) for the basic education of Indian children in accordance with the
purpose described in subsection (a) and the findings of the studies and
surveys described in subsection (b), and shall publish such revised
standards in the Federal Register for the purpose of receiving comments
from the tribes and other interested parties. Within 21 months of the
date of enactment of the Improving America's Schools Act of 1994, the
Secretary shall establish final standards, distribute such standards to
all the tribes and publish such final standards in the Federal
Register. The Secretary shall revise such final standards periodically
as necessary. Prior to any revision of such final standards, the
Secretary shall distribute such proposed revision to all the tribes,
and publish such proposed revision in the Federal Register, for the
purpose of receiving comments from the tribes and other interested
parties.
``(2) The standards described in paragraph (1) shall apply to
Bureau schools, and subject to subsection (f), to contract or grant
schools, and may also serve as a model for educational programs for
Indian children in public schools. In establishing and revising such
standards, the Secretary shall take into account the special needs of
Indian students and the support and reinforcement of the specific
cultural heritage of each tribe.
``(d) The Secretary shall provide alternative or modified standards
in lieu of the standards established under subsection (c), where
necessary, so that the programs of each school shall be in compliance
with the minimum standards required for accreditation of schools in the
State where the school is located.
``(e) A tribal governing body, or the local school board so
designated by the tribal governing body, shall have the local authority
to waive, in part or in whole, the standards established under
subsection (c) and (d), where such standards are deemed by such body to
be inappropriate. The tribal governing body or designated school board
shall, within 60 days thereafter, submit to the Secretary a proposal
for alternative standards that take into account the specific needs of
the tribe's children. Such revised standards shall be established by
the Secretary unless specifically rejected by the Secretary for good
cause and in writing to the affected tribes or local school board,
which rejection shall be final and unreviewable.
``(f)(1) The Secretary, through contracting and grant-making
procedures, shall assist school boards of contract or grant schools in
the implementation of the standards established under subsections (c)
and (d), if the school boards request that such standards, in part or
in whole, be implemented. At the request of a contract or grant school
board, the Secretary shall provide alternative or modified standards
for the standards established under subsections (c) and (d) to take
into account the needs of the Indian children and the contract or grant
school.
``(2) Within 1 year of the date of the enactment of the Indian
Education Technical Amendments Act of 1985, the Bureau shall, either
directly or through contract with an Indian organization, establish a
consistent system of reporting standards for fiscal control and fund
accounting for all contract or grant schools. Such standards shall
yield data results comparable to those used by Bureau schools.
``(g) Subject to subsections (e) and (f), the Secretary shall begin
to implement the standards established under this section immediately
upon the date of their establishment. Not later than January 1, 1995,
and at each time thereafter that the annual budget request for Bureau
educational services is presented, the Secretary shall submit to the
appropriate committees of Congress a detailed plan to bring all Bureau
schools and contract or grant schools up to the level required by the
applicable standards established under this section. Such plan shall
include detailed information on the status of each school's educational
program in relation to the applicable standards established under this
section, specific cost estimates for meeting such standards at each
school, and specific time lines for bringing each school up to the
level required by such standards.
``(h)(1) Except as specifically required by statute, no school or
peripheral dormitory operated by the Bureau on or after January 1,
1992, may be closed or consolidated or have its program substantially
curtailed unless done according to the requirements of this subsection,
except that, in those cases where the tribal governing body, or the
local school board concerned (if so designated by the tribal governing
body), requests closure or consolidation, the requirements of this
subsection shall not apply. The requirements of this subsection shall
not apply when a temporary closure, consolidation, or substantial
curtailment is required by plant conditions which constitute an
immediate hazard to health and safety.
``(2) The Secretary shall, by regulation, promulgate standards and
procedures for the closing, consolidation, or substantial curtailment
of Bureau schools in accordance with the requirements of this
subsection.
``(3) Whenever closure, transfer to any other authority,
consolidation, or substantial curtailment of a school is under active
consideration or review by any division of the Bureau or the Department
of the Interior, the affected tribe, tribal governing body, and
designated local school board, will be notified as soon as such
consideration or review begins, kept fully and currently informed, and
afforded an opportunity to comment with respect to such consideration
or review. When a formal decision is made to close, transfer to any
other authority, consolidate, or substantially curtail a school, the
affected tribe, tribal governing body, and designated local school
board shall be notified at least 6 months prior to the end of the
school year preceding the proposed closure date. Copies of any such
notices and information shall be transmitted promptly to the Congress
and published in the Federal Register.
``(4) The Secretary shall make a report to Congress, the affected
tribe, and the designated local school board describing the process of
the active consideration or review referred to in paragraph (3). At a
minimum, the report shall include a study of the impact of such action
on the student population, with every effort to identify those students
with particular educational and social needs, and to ensure that
alternative services are available to such students. Such report shall
include the description of the consultation conducted between the
potential service provider, current service provider, parents, tribal
representative and the tribe or tribes involved, and the Director of
the Office of Indian Education Programs within the Bureau regarding
such students. No irreversible action may be taken in furtherance of
any such proposed school closure, transfer to any other authority,
consolidation, or substantial curtailment (including any action which
would prejudice the personnel or programs of such school) until the end
of the first full academic year after such report is made.
``(5) The Secretary may terminate, contract, transfer to any other
authority, or consolidate or substantially curtail the operation or
facilities of--
``(A) any Bureau funded school that is operated on or after
April 1, 1987,
``(B) any program of such a school that is operated on or after
April 1, 1987, or
``(C) any school board of a school operated under a grant under
the Tribally Controlled Schools Act of 1988,
only if the tribal governing body approves such action.
``(i) There are authorized to be appropriated such sums as may be
necessary, for academic program costs, in order to bring all Bureau
schools and contract or grant schools up to the level required by the
applicable standards established under this section.
``(j)(1) All Bureau funded schools shall include within their
curriculum a program of instruction relating to alcohol and substance
abuse prevention and treatment. The Assistant Secretary shall provide
the technical assistance necessary to develop and implement such a
program for students in kindergarten and grades 1 through 12, at the
request of--
``(A) any Bureau school (subject to the approval of the school
board of such school);
``(B) any school board of a school operating under a contract
entered into under the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450 et seq.); or
``(C) any school board of a school operating under a grant
under the Tribally Controlled Schools Act of 1988.
``(2) In schools operated directly by the Bureau, the Secretary
shall provide for--
``(A) accurate reporting of all incidents relating to alcohol
and substance abuse; and
``(B) individual student crisis intervention.
``(3) The programs requested under paragraph (1) shall be developed
in consultation with the Indian tribe that is to be served by such
program and health personnel in the local community of such tribe.
``(4) Schools requesting program assistance under this subsection
are encouraged to involve family units and, where appropriate, tribal
elders and Native healers in such instructions.
``(k) For purposes of this section, the term `tribal governing
body' means, with respect to any school, the tribal governing body, or
tribal governing bodies, that represent at least 90 percent of the
students served by such school.
``(l)(1)(A)(i) The Secretary shall only consider the factors
described in subparagraphs (B) and (C) in reviewing--
``(I) applications from any tribe for the awarding of a
contract or grant for a school that is not a Bureau funded school;
and
``(II) applications from any tribe or school board of any
Bureau funded school for--
``(aa) a school which is not a Bureau funded school; or
``(bb) the expansion of a Bureau funded school which would
increase the amount of funds received by the Indian tribe or
school board under section 1127.
``(ii) The Secretary shall give consideration to all of the factors
under clause (i), but none of the applications under clause (i) may be
denied based primarily upon the geographic proximity of public
education.
``(B) The Secretary shall consider the following factors relating
to the program that is the subject of an application described in
subparagraph (A):
``(i) The adequacy of facilities or the potential to obtain or
provide adequate facilities.
``(ii) Geographic and demographic factors in the affected
areas.
``(iii) Adequacy of the applicant's program plans or, in the
case of a Bureau funded school, of projected needs analysis done
either by a tribe or by Bureau personnel.
``(iv) Geographic proximity of comparable public education.
``(v) The stated needs of all affected parties, including
students, families, tribal governments at both the central and
local levels, and school organizations.
``(C) The Secretary shall consider with respect to applications
described in subparagraph (A) the following factors relating to all the
educational services available at the time the application is
considered:
``(i) Geographic and demographic factors in the affected areas.
``(ii) Adequacy and comparability of programs already
available.
``(iii) Consistency of available programs with tribal
educational codes or tribal legislation on education.
``(iv) The history and success of these services for the
proposed population to be served, as determined from all factors
and not just standardized examination performance.
``(2)(A) The Secretary shall make a determination of whether to
approve any application described in paragraph (1)(A) by not later than
the date that is 180 days after the day on which such application is
submitted to the Secretary.
``(B) If the Secretary fails to make the determination described in
subparagraph (A) with respect to an application by the date described
in subparagraph (A), the application shall be treated as having been
approved by the Secretary.
``(3)(A) Any application described in paragraph (1)(A) may be
submitted to the Secretary only if--
``(i) the application has been approved by the tribal governing
body of the students served by (or to be served by) the school or
program that is the subject of the application, and
``(ii) written evidence of such approval is submitted with the
application.
``(B) Each application described in paragraph (1)(A)--
``(i) shall provide information concerning each of the factors
described in paragraph (1)(B), and
``(ii) may provide information concerning the factors described
in paragraph (1)(C).
``(4) Whenever the Secretary makes a determination to deny approval
of any application described in paragraph (1)(A), the Secretary shall--
``(A) state the objections in writing to the applicant by not
later than the date that is 180 days after the day on which the
application is submitted to the Secretary,
``(B) provide assistance to the applicant to overcome stated
objections, and
``(C) provide the applicant a hearing, under the same rules and
regulations pertaining to the Indian Self-Determination and
Education Assistance Act, and an opportunity to appeal the
objections raised by the Secretary.
``(5)(A) Except as otherwise provided in this paragraph, the action
which is the subject of any application described in paragraph (1)(A)
that is approved by the Secretary shall become effective with the
commencement of the academic year succeeding the fiscal year in which
the application is approved, or at an earlier date determined by the
Secretary.
``(B) If an application is treated as having been approved by the
Secretary by reason of paragraph (2)(B), the action that is the subject
of the application shall become effective on the date that is 18 months
after the date on which the application is submitted to the Secretary,
or at an earlier date determined by the Secretary.
``SEC. 1122. NATIONAL CRITERIA FOR DORMITORY SITUATIONS.
``(a) The Secretary, in consultation with the Secretary of the
Department of Education, and in consultation with Indian organizations
and tribes, shall conduct or cause to be conducted by contract with an
Indian organization, a study of the costs applicable to boarding
arrangements for Indian students provided in Bureau schools, and
contract or grant schools, for the purpose of establishing national
criteria for such dormitory situations. Such criteria shall include
adult-child ratios, needs for counselors (including special needs
related to off-reservation boarding arrangements), space, and privacy.
``(b) Not later than January 1, 1996, the Secretary shall propose
such criteria, and shall distribute such proposed criteria to the
tribes and publish such proposed criteria in the Federal Register for
the purpose of receiving comments from the tribes and other interested
parties. Within 18 months of the date of the enactment of the Improving
America's Schools Act of 1994, the Secretary shall establish final
criteria, distribute such final criteria to all the tribes, and publish
such final criteria in the Federal Register. The Secretary shall revise
such final criteria periodically as necessary. Any revisions to the
criteria established under this section shall be developed subject to
requirements established under section 1131.
``(c) The Secretary shall begin to implement the criteria
established under this section immediately upon the date of the
establishment of such criteria. Not later than January 1, 1997, and at
each time thereafter that the annual budget request for Bureau
educational services is presented, the Secretary shall submit to the
appropriate committees of Congress a detailed plan to bring all Bureau
contract boarding schools up to the criteria established under this
section. Such plan shall include predictions for the relative need for
each boarding school in the future, detailed information on the status
of each school in relation to the criteria established under this
section, specific cost estimates for meeting such criteria at each
school, and specific time lines for bringing each school up to the
level required by such criteria.
``(d)(1) The criteria established under this section may be waived
in the same manner as the standards provided under section 1121(c) may
be waived under section 1121(e).
``(2) No school in operation on or before January 1, 1987
(regardless of compliance or noncompliance with the criteria
established under this section) may be closed, transferred to another
authority, consolidated or have its program substantially curtailed for
failure to meet the criteria.
``(3) By not later than May 1, 1996, the Secretary shall submit to
the Congress a report detailing the costs associated with, and the
actions necessary for, complete compliance with the criteria
established under this section.
``(e) There are authorized to be appropriated such sums as may be
necessary in order to bring each school up to the level required by the
criteria established under this section.
``SEC. 1123. REGULATIONS.
``(a) The provisions of part 32 of title 25 of the Code of Federal
Regulations, as in effect on January 1, 1987, are incorporated into
this Act and shall be treated as though such provisions are set forth
in this subsection. Accordingly, such provisions may be altered only by
means of an amendment to this subsection that is contained in an Act or
joint resolution which is enacted into law. To the extent that such
provisions of part 32 do not conform with this Act or any statutory
provision of law enacted before the date of enactment of this Act, the
provisions of this Act and the provisions of such other statutory law
shall govern.
``(b) The provisions of parts 31, 33, 36, 39, 42, and 43 of title
25 of the Code of Federal Regulations, as in effect on January 1, 1987,
shall be applied by the Federal Government and shall not, before July
1, 1989, be amended, revoked, or altered in any manner. No officer or
employee of the executive branch shall have the authority to issue any
other regulations, prior to July 1, 1989, that supersede, supplement,
or otherwise affect the provisions of such parts. To the extent that
the provisions of such parts do not conform with this Act or any
statutory provision of law enacted before the date of enactment of this
Act, the provisions of this Act and the provisions of such other
statutory law shall govern.
``(c) After June 30, 1989, no regulation prescribed for the
application of any program provided under this title shall become
effective unless--
``(1) the regulation has been published as a proposed
regulation in the Federal Register,
``(2) an opportunity of not less than 90 days has been afforded
the public to comment on the published proposed regulation, and
``(3) the regulation has, after such period for public comment,
been published in the Federal Register as a final regulation.
``(d) For purposes of this section, the term `regulation' means any
rules, regulations, guidelines, interpretations, orders, or
requirements of general applicability prescribed by any officer or
employee of the executive branch.
``SEC. 1124. SCHOOL BOUNDARIES.
``(a) The Secretary shall, in accordance with this section,
establish separate geographical attendance areas for each Bureau
school.
``(b)(1) Except as provided in paragraph (2), on or after July 1,
1985, no attendance area shall be changed or established with respect
to any Bureau funded school unless the tribal governing body or the
local school board concerned (if so designated by the tribal governing
body) has been (i) afforded at least six months notice of the intention
of the Bureau to change or establish such attendance area, and (ii)
given the opportunity to propose alternative boundaries. Any tribe may
petition the Secretary for revision of existing attendance area
boundaries. The Secretary shall accept such proposed alternative or
revised boundaries unless the Secretary finds, after consultation with
the affected tribe or tribes, that such revised boundaries do not
reflect the needs of the Indian students to be served or do not provide
adequate stability to all of the affected programs.
``(2) In any case where there is more than 1 Bureau funded school
located on an Indian reservation, at the direction of the tribal
governing body, the relevant school boards of the Bureau funded schools
on the reservation may, by mutual consent, establish the relevant
attendance areas for such schools, subject to the approval of the
tribal governing body. Any such boundaries so established shall be
accepted by the Secretary.
``(c) In any case where there is only 1 Bureau operated program
located on an Indian reservation, the attendance area for the program
shall be the boundaries of the reservation served, and those students
residing near the reservation shall also receive services from such
program.
``(d) The Bureau shall include in the regulations the requirement
that each appropriate education line officer coordinate and consult
with the affected tribes and relevant school boards in the
establishment of such geographic boundaries.
``SEC. 1125. FACILITIES CONSTRUCTION.
``(a) The Secretary shall immediately begin to bring all schools,
dormitories, and other facilities operated by the Bureau or under
contract or grant with the Bureau in connection with the education of
Indian children into compliance with all applicable Federal, tribal, or
State health and safety standards, whichever provide greater protection
(except that the tribal standards to be applied shall be no greater
than any otherwise applicable Federal or State standards), with section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and with the
Americans with Disabilities Act of 1990, except that nothing in this
section shall require termination of the operations of any facility
which does not comply with such provisions and which is in use on the
date of enactment of the Improving America's Schools Act of 1994.
``(b) By January 1, 1996, and at each time thereafter that the
annual budget request for Bureau educational services is presented, the
Secretary shall submit to the appropriate committees of Congress a
detailed plan to bring such facilities into compliance with such
standards. Such plan shall include detailed information on the status
of each facility's compliance with such standards, specific cost
estimates for meeting such standards at each school, and specific time
lines for bringing each school into compliance with such standards.
``(c) Within six months of the date of enactment of this Act, the
Secretary shall submit to the appropriate committees of Congress, and
publish in the Federal Register, the system used to establish
priorities for school construction projects. At the time any budget
request for school construction is presented, the Secretary shall
publish in the Federal Register and submit with the budget request the
current list of all school construction priorities.
``(d)(1) A Bureau school may be closed or consolidated, and the
programs of a Bureau school may be substantially curtailed, by reason
of plant conditions that constitute an immediate hazard to health and
safety only if a health and safety officer of the Bureau determines
that such conditions exist at the Bureau school.
``(2)(A) In making determinations described in paragraph (1) before
July 1, 1989, health and safety officers of the Bureau shall use the
health and safety guidelines of the Bureau that were in effect on
January 1, 1988.
``(B)(i) If--
``(I) the Secretary fails to publish in the Federal Register in
final form before July 1, 1989, and
``(II) action described in paragraph (1) is taken after June
30, 1989, and before the date on which such regulations are
published in final form in the Federal Register by reason of the
condition of any plant,
an inspection of the condition of such plant shall be conducted by an
appropriate tribal, county, municipal, or State health and safety
officer to determine whether conditions at such plant constitute an
immediate hazard to health and safety. Such inspection shall be
completed by not later than the date that is 30 days after the date on
which the action described in paragraph (1) is taken.
``(ii) The inspection required under clause (i) shall be conducted
by a health and safety officer designated jointly by the Secretary and
the tribes affected by the action described in paragraph (1). If the
Secretary and such tribes are unable to agree on the designation of the
health and safety officer, the Secretary shall designate the health and
safety officer and shall provide notice of such designation to each of
such tribes before the inspection is conducted by such officer.
``(iii) If the health and safety officer conducting an inspection
of a plant required under clause (i) determines that conditions at the
plant do not constitute an immediate hazard to health and safety, any
consolidation or curtailment that was made by reason of conditions at
the plant shall immediately cease and any school closed by reason of
conditions at the plant shall be reopened immediately.
``(3) If--
``(A) a Bureau school is temporarily closed or consolidated, or
the programs of a Bureau school are substantially curtailed, by
reason of plant conditions that constitute an immediate hazard to
health and safety, and
``(B) the Secretary estimates that the closure, consolidation,
or curtailment will be more than 1 year in duration,
the Secretary shall submit to the Congress, by not later than the date
that is 6 months after the date on which the closure, consolidation, or
curtailment is initiated, a report which sets forth the reasons for
such temporary actions and the actions the Secretary is taking to
eliminate the conditions that constitute the hazard.
``(e) There are authorized to be appropriated such sums as may be
necessary to carry out subsection (a).
``SEC. 1126. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
``(a) The Secretary shall vest in the Assistant Secretary for
Indian Affairs all functions with respect to formulation and
establishment of policy and procedure, and supervision of programs and
expenditures of Federal funds for the purpose of Indian education
administered by the Bureau. The Assistant Secretary shall carry out
such functions through the Director of the Office of Indian Education.
``(b) The Director of the Office shall direct and supervise the
operations of all personnel directly and substantially involved with
provision of education services by the Bureau, including school or
institution custodial or maintenance personnel. The Assistant Secretary
for Indian Affairs shall provide for the adequate coordination between
the affected Bureau Offices and the Office to facilitate the
consideration of all contract functions relating to education. Except
as required by section 1129, nothing in this Act shall be construed to
require the provision of separate support services for Indian
education.
``(c) Education personnel who are under the direction and
supervision of the Director of the Office in accordance with the first
sentence of subsection (b) shall--
``(1) monitor and evaluate Bureau education programs,
``(2) provide all services and support functions for education
programs with respect to personnel matters involving staffing
actions and functions, and
``(3) provide technical and coordinating assistance in areas
such as procurement, contracting, budgeting, personnel, and
curriculum.
``(d)(1) The Assistant Secretary shall submit in the annual Budget
a plan--
``(A) for school facilities to be constructed under the system
required by section 1125(c);
``(B) for establishing priorities among projects and for the
improvement and repair of education facilities, which together
shall form the basis for the distribution of appropriated funds;
and
``(C) including a 5-year plan for capital improvements.
``(2)(A) The Assistant Secretary shall establish a program,
including the distribution of appropriated funds, for the operation and
maintenance of education facilities. Such program shall include--
``(i) a method of computing the amount necessary for each
education facility;
``(ii) similar treatment of all Bureau funded schools;
``(iii) a notice of an allocation of appropriated funds from
the Director of the Office directly to the appropriate education
line officers; and
``(iv) a system for the conduct of routine preventive
maintenance.
``(B) The appropriate education line officers shall make
arrangements for the maintenance of education facilities with the local
supervisors of the Bureau maintenance personnel who are under the
authority of the agency superintendent or area directors, respectively.
The local supervisors of Bureau maintenance personnel shall take
appropriate action to implement the decisions made by the appropriate
education line officers, except that no funds under this part may be
authorized for expenditure unless such appropriate education line
officer is assured that the necessary maintenance has been, or will be,
provided in a reasonable manner. Subject to the requirements of
subsection (b) of this section, nothing in this Act shall be construed
to require the provision of separate operations and maintenance
personnel for the Office.
``(3) The requirements of this subsection shall be implemented not
later than July 1, 1995.
``(e) Notwithstanding any other provision of law, the Director
shall promulgate guidelines for the establishment of mechanisms for the
acceptance of gifts and bequests for the use of, and benefit of,
particular schools or designated Bureau operated education programs,
including, where appropriate, the establishment and administration of
trust funds. When a Bureau operated program is the beneficiary of such
a gift or bequest, the Director shall make provisions for monitoring
its use, and shall report to the appropriate committees of Congress the
amount and terms of such gift or bequest, the use to which such gift or
bequest is put, and any positive results achieved by such action.
``(f) For the purpose of this section the term `functions' includes
powers and duties.
``SEC. 1127. ALLOTMENT FORMULA.
``(a)(1) The Secretary shall establish, by regulation adopted in
accordance with section 1139, a formula for determining the minimum
annual amount of funds necessary to sustain each Bureau funded school.
In establishing such formula, the Secretary shall consider--
``(A) the number of eligible Indian students served and size of
the school;
``(B) special cost factors, such as--
``(i) the isolation of the school;
``(ii) the need for special staffing, transportation, or
educational programs;
``(iii) food and housing costs;
``(iv) maintenance and repair costs associated with the
physical condition of the educational facilities;
``(v) special transportation and other costs of isolated
and small schools;
``(vi) the costs of boarding arrangements, where determined
necessary by a tribal governing body or designated local school
board;
``(vii) costs associated with greater lengths of service by
educational personnel; and
``(viii) special programs for gifted and talented students;
``(C) the cost of providing academic services which are at
least equivalent to those provided by public schools in the State
in which the school is located; and
``(D) such other relevant factors as the Secretary determines
are appropriate.
``(2) Upon the establishment of the standards required by sections
1121 and 1122, the Secretary shall revise the formula established under
this subsection to reflect the cost and funding standards so
established. Prior to January 1, 1996, the Secretary shall review the
formula established under this section and shall take such steps as may
be necessary to increase the availability of counseling services for
students in off-reservation boarding schools and other Bureau operated
residential facilities. Concurrent with such action, the Secretary
shall review the standards established under section 1121 to be certain
that adequate provision is made for parental notification regarding,
and consent for, such counseling services.
``(b) Notwithstanding any other provisions of law, Federal funds
appropriated for the general local operation of Bureau funded schools
shall be allotted pro rata in accordance with the formula established
under subsection (a).
``(c)(1) For fiscal year 1990, and for each subsequent fiscal year,
the Secretary shall adjust the formula established under subsection (a)
to--
``(A) use a weighted unit of 1.2 for each eligible Indian
student enrolled in the seventh and eighth grades of the school in
considering the number of eligible Indian students served by the
school;
``(B) consider a school with an enrollment of less than 50
eligible Indian students as having an average daily attendance of
50 eligible Indian students for purposes of implementing the
adjustment factor for small schools; and
``(C) take into account the provision of residential services
on a less than 9-month basis at a school when the school board and
supervisor of the school determine that a less than 9-month basis
will be implemented for the school year involved.
``(2)(A) The Secretary shall reserve for national school board
training 0.2 percent of the funds appropriated for each fiscal year for
distribution under this section. Such training shall be conducted
through the same organizations through which, and in the same manner in
which, the training was conducted in fiscal year 1992, except that the
contracts for distribution of such funds shall require that such funds
be distributed by the recipient organizations in a manner that assures
the same pro rata share is made available for training for each school
board in the system. If the contract for such training is not awarded
before May 1 of each fiscal year, the contract under which such
training was provided for the fiscal year preceding such fiscal year
shall be renewed by the Secretary for such fiscal year. The agenda for
the training sessions shall be established by the school boards through
their regional or national organizations.
``(B) For each year in which the Secretary uses a weighted unit
formula established under subsection (a) to fund Bureau schools, a
Bureau school which generates less than 168 weighted units shall
receive an additional 2 weighted units to defray school board
activities.
``(C) From the funds allotted in accordance with the formula
established under subsection (a) for each Bureau school, the local
school board of such school may reserve an amount which does not exceed
the greater of--
``(i) $5,000, or
``(ii) the lesser of--
``(I) $15,000, or
``(II) 1 percent of such allotted funds,
for school board activities for such school, including and
notwithstanding any other provision of law, meeting expenses and the
cost of membership in, and support of, organizations engaged in
activities on behalf of Indian education.
``(3) The Secretary shall adjust the formula established under
subsection (a) to use a weighted unit of 2.0 for each eligible Indian
student that--
``(A) is gifted and talented, and
``(B) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students served by the
school.
``(4)(A) The Secretary shall adjust the formula established under
subsection (a) to use a weighted unit of 0.25 for each eligible Indian
student who is enrolled in a year-long credit course in an Indian or
Native language as part of the regular curriculum of a school, in
considering the number of eligible Indian students served by such
school.
``(B) The adjustment required under subparagraph (A) shall be used
for such school after--
``(i) the certification of the Indian or Native language
curriculum by the school board of such school to the Secretary,
together with an estimate of the number of full-time students
expected to be enrolled in the curriculum in the second school year
following the school year for which the certification is made; and
``(ii) the funds appropriated for allotment under this section
are designated by the appropriations Act appropriating such funds
as the amount necessary to implement such adjustment at such school
without reducing allotments made under this section to any school
by virtue of such adjustment.
``(d) The Secretary shall reserve from the funds available for
distribution for each fiscal year under this section an amount which,
in the aggregate, shall equal 1 percent of the funds available for such
purpose for that fiscal year. Such funds shall be used, at the
discretion of the Director of the Office, to meet emergencies and
unforeseen contingencies affecting the education programs funded under
this section. Funds reserved under this subsection may only be expended
for education services or programs at a schoolsite (as defined in
section 5204(c)(2) of the Tribally Controlled Schools Act of 1988).
Funds reserved under this subsection shall remain available without
fiscal year limitation until expended. However, the aggregate amount
available from all fiscal years may not exceed 1 percent of the current
year funds. Whenever the Secretary makes funds available under this
subsection, the Secretary shall report such action to the appropriate
committees of Congress within the annual budget submission.
``(e) Supplemental appropriations enacted to meet increased pay
costs attributable to school level personnel shall be distributed under
this section.
``(f) For the purpose of this section, the term `eligible Indian
student' means a student who--
``(1) is a member of or is at least a \1/4\ degree Indian blood
descendant of a member of an Indian tribe which is eligible for the
special programs and services provided by the United States through
the Bureau to Indians because of their status as Indians, and
``(2) resides on or near an Indian reservation or meets the
criteria for attendance at a Bureau off-reservation boarding
school.
``(g)(1) An eligible Indian student may not be charged tuition for
attendance at a Bureau school or contract or grant school. A student
attending a Bureau school under paragraph (2)(C) may not be charged
tuition.
``(2) The Secretary may permit the attendance at a Bureau school of
a student who is not an eligible Indian student if--
``(A) the Secretary determines that the student's attendance
will not adversely affect the school's program for eligible Indian
students because of cost, overcrowding, or violation of standards,
``(B) the school board consents,
``(C) the student is a dependent of a Bureau, Indian Health
Service, or tribal government, employee who lives on or near the
school site, or
``(D) a tuition is paid for the student that is not more than
that charged by the nearest public school district for out-of-
district students, is in addition to the school's allocation under
this section.
``(3) The school board of a contract or grant school may permit
students who are not eligible Indian students under this subsection to
attend its contract school or grant school and any tuition collected
for those students is in addition to funding under this section.
``(h) Notwithstanding any other provision of law, at the election
of the school board of a Bureau school made at any time during the
fiscal year, a portion equal to not more than 15 percent of the funds
allocated with respect to a school under this section for any fiscal
year shall remain available to the school for expenditure without
fiscal year limitation. The Assistant Secretary shall take steps as may
be necessary to implement this provision immediately.
``(i) Beginning with academic year 1994-1995, tuition for the out-
of-State students boarding at the Richfield Dormitory in Richfield,
Utah, who attend Sevier County high schools in Richfield, Utah, shall
be paid from the Indian school equalization program funds authorized in
this section and section 1130 at a rate not to exceed the amount per
weighted student unit for that year for the instruction of such
students. No additional administrative cost funds shall be added to the
grant.
``SEC. 1128. ADMINISTRATIVE COST GRANTS.
``(a)(1) The Secretary shall, subject to the availability of
appropriated funds, provide grants to each tribe or tribal organization
operating a contract school or grant school in the amount determined
under this section with respect to the tribe or tribal organization for
the purpose of paying the administrative and indirect costs incurred in
operating contract or grant schools in order to--
``(A) enable tribes and tribal organizations operating such
schools, without reducing direct program services to the
beneficiaries of the program, to provide all related administrative
overhead services and operations necessary to meet the requirements
of law and prudent management practice, and
``(B) carry out other necessary support functions which would
otherwise be provided by the Secretary or other Federal officers or
employees, from resources other than direct program funds, in
support of comparable Bureau operated programs.
``(2) Amounts appropriated to fund the grants provided under this
section shall be in addition to, and shall not reduce, the amounts
appropriated for the program being administered by the contract or
grant school.
``(b)(1) The amount of the grant provided to each tribe or tribal
organization under this section for each fiscal year shall be
determined by applying the administrative cost percentage rate of the
tribe or tribal organization to the aggregate of the Bureau elementary
and secondary functions operated by the tribe or tribal organization
for which funds are received from or through the Bureau. The
administrative cost percentage rate determined under subsection (c)
does not apply to other programs operated by the tribe or tribal
organization.
``(2) The Secretary shall--
``(A) reduce the amount of the grant determined under paragraph
(1) to the extent that payments for administrative costs are
actually received by an Indian tribe or tribal organization under
any Federal education program included in the direct cost base of
the tribe or tribal organization, and
``(B) take such actions as may be necessary to be reimbursed by
any other department or agency of the Federal Government for the
portion of grants made under this section for the costs of
administering any program for Indians that is funded by
appropriations made to such other department or agency.
``(c)(1) For purposes of this section, the administrative cost
percentage rate for a contract or grant school for a fiscal year is
equal to the percentage determined by dividing--
``(A) the sum of--
``(i) the amount equal to--
``(I) the direct cost base of the tribe or tribal
organization for the fiscal year, multiplied by
``(II) the minimum base rate, plus
``(ii) the amount equal to--
``(I) the standard direct cost base, multiplied by
``(II) the maximum base rate, by
``(B) the sum of--
``(i) the direct cost base of the tribe or tribal
organization for the fiscal year, plus
``(ii) the standard direct cost base.
``(2) The administrative cost percentage rate shall be determined
to the \1/100\ of a decimal point.
``(d)(1)(A) Funds received by a tribe or contract or grant school
as grants under this section for tribal elementary or secondary
educational programs may be combined by the tribe or contract or grant
school into a single administrative cost account without the necessity
of maintaining separate funding source accounting.
``(B) Indirect cost funds for programs at the school which share
common administrative services with tribal elementary or secondary
educational programs may be included in the administrative cost account
described in subparagraph (A).
``(2) Funds received as grants under this section with respect to
tribal elementary or secondary education programs shall remain
available to the contract or grant school without fiscal year
limitation and without diminishing the amount of any grants otherwise
payable to the school under this section for any fiscal year beginning
after the fiscal year for which the grant is provided.
``(3) Funds received as grants under this section for Bureau funded
programs operated by a tribe or tribal organization under a contract or
agreement shall not be taken into consideration for purposes of
indirect cost underrecovery and overrecovery determinations by any
Federal agency for any other funds, from whatever source derived.
``(4) In applying this section and section 105 of the Indian Self-
Determination and Education Assistance Act with respect to an Indian
tribe or tribal organization that--
``(A) receives funds under this section for administrative
costs incurred in operating a contract or grant school or a school
operated under the Tribally Controlled Schools Act of 1988, and
``(B) operates 1 or more other programs under a contract or
grant provided under the Indian Self-Determination and Education
Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal organization
is provided with the full amount of the administrative costs, and of
the indirect costs, that are associated with operating the contract or
grant school, a school operated under the Tribally Controlled Schools
Act of 1988, and all of such other programs, except that funds
appropriated for implementation of this section shall be used only to
supply the amount of the grant required to be provided by this section.
``(e) For purposes of this section:
``(1)(A) The term `administrative cost' means the costs of
necessary administrative functions which--
``(i) the tribe or tribal organization incurs as a result
of operating a tribal elementary or secondary educational
program,
``(ii) are not customarily paid by comparable Bureau
operated programs out of direct program funds, and
``(iii) are either--
``(I) normally provided for comparable Bureau programs
by Federal officials using resources other than Bureau
direct program funds, or
``(II) are otherwise required of tribal self-
determination program operators by law or prudent
management practice.
``(B) The term `administrative cost' may include--
``(i) contract or grant (or other agreement)
administration;
``(ii) executive, policy, and corporate leadership and
decisionmaking;
``(iii) program planning, development, and management;
``(iv) fiscal, personnel, property, and procurement
management;
``(v) related office services and record keeping; and
``(vi) costs of necessary insurance, auditing, legal,
safety and security services.
``(2) The term `Bureau elementary and secondary functions'
means--
``(A) all functions funded at Bureau schools by the Office;
``(B) all programs--
``(i) funds for which are appropriated to other
agencies of the Federal Government, and
``(ii) which are administered for the benefit of
Indians through Bureau schools; and
``(C) all operation, maintenance, and repair funds for
facilities and government quarters used in the operation or
support of elementary and secondary education functions for the
benefit of Indians, from whatever source derived.
``(3)(A) Except as otherwise provided in this subparagraph (B),
the direct cost base of a tribe or tribal organization for the
fiscal year is the aggregate direct cost program funding for all
tribal elementary or secondary educational programs operated by the
tribe or tribal organization during--
``(i) the second fiscal year preceding such fiscal year, or
``(ii) if such programs have not been operated by the tribe
or tribal organization during the 2 preceding fiscal years, the
first fiscal year preceding such fiscal year.
``(B) In the case of Bureau elementary or secondary education
functions which have not previously been operated by a tribe or
tribal organization under contract, grant, or agreement with the
Bureau, the direct cost base for the initial year shall be the
projected aggregate direct cost program funding for all Bureau
elementary and secondary functions to be operated by the tribe or
tribal organization during that fiscal year.
``(4) The term `maximum base rate' means 50 percent.
``(5) The term `minimum base rate' means 11 percent.
``(6) The term `standard direct cost base' means $600,000.
``(7) The term `tribal elementary or secondary educational
programs' means all Bureau elementary and secondary functions,
together with any other Bureau programs or portions of programs
(excluding funds for social services that are appropriated to
agencies other than the Bureau and are expended through the Bureau,
funds for major subcontracts, construction, and other major capital
expenditures, and unexpended funds carried over from prior years)
which share common administrative cost functions, that are operated
directly by a tribe or tribal organization under a contract, grant,
or agreement with the Bureau.
``(f)(1) Upon the date of enactment of the Indian Education
Amendments of 1988, the Secretary shall--
``(A) conduct such studies as may be needed to establish an
empirical basis for determining relevant factors substantially
affecting the required administrative costs of tribal elementary
and secondary educational programs, using the formula set forth in
subsection (c), and
``(B) conduct a study to determine--
``(i) a maximum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of the
smallest tribal elementary or secondary educational programs,
``(ii) a minimum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of the
largest tribal elementary or secondary educational programs,
and
``(iii) a standard direct cost base which is the aggregate
direct cost funding level for which the percentage determined
under subsection (c) will--
``(I) be equal to the median between the maximum base
rate and the minimum base rate, and
``(II) ensure that the amount of the grants provided
under this section will provide adequate (but not
excessive) funding of the administrative costs of tribal
elementary or secondary educational programs closest to the
size of the program.
``(2) The studies required under paragraph (1) shall--
``(A) be conducted in full consultation (in accordance with
section 1131) with--
``(i) the tribes and tribal organizations that are affected
by the application of the formula set forth in subsection (c),
and
``(ii) all national and regional Indian organizations of
which such tribes and tribal organizations are typically
members;
``(B) be conducted onsite with a representative statistical
sample of the tribal elementary or secondary educational programs
under a contract entered into with a nationally reputable public
accounting and business consulting firm;
``(C) take into account the availability of skilled labor,
commodities, business and automatic data processing services,
related Indian preference and Indian control of education
requirements, and any other market factors found substantially to
affect the administrative costs and efficiency of each such tribal
elementary or secondary educational program studied in order to
assure that all required administrative activities can reasonably
be delivered in a cost effective manner for each such program,
given an administrative cost allowance generated by the values,
percentages, or other factors found in the studies to be relevant
in such formula;
``(D) identify, and quantify in terms of percentages of direct
program costs, any general factors arising from geographic
isolation, or numbers of programs administered, independent of
program size factors used to compute a base administrative cost
percentage in such formula; and
``(E) identify any other incremental cost factors substantially
affecting the costs of required administrative cost functions at
any of the tribal elementary or secondary educational programs
studied and determine whether the factors are of general
applicability to other such programs, and (if so) how the factors
may effectively be incorporated into such formula.
``(3) In carrying out the studies required under this subsection,
the Secretary shall obtain the input of, and afford an opportunity to
participate to, the Inspector General of the Department of the
Interior.
``(4) Determinations described in paragraph (2)(C) shall be based
on what is pragmatically possible to do at each location studied, given
prudent management practice, irrespective of whether required
administrative services were actually or fully delivered at these
sites, or other services were delivered instead, during the period of
the study.
``(5) Upon completion of the studies conducted under paragraph (1),
but in no case later than October 1, 1989, the Secretary shall submit
to the Congress a report on the findings of the studies, together with
determinations based upon such findings that would affect the
definitions of terms used in the formula that is set forth in
subsection (c).
``(6) The Secretary shall include in the Bureau's justification for
each appropriations request for each fiscal year beginning after fiscal
year 1989, a projection of the overall costs associated with the
formula set forth in subsection (c) for all tribal elementary or
secondary educational programs which the Secretary expects to be funded
in the fiscal year for which the appropriations are sought.
``(7) For purposes of this subsection, the size of tribal
elementary or secondary educational programs is determined by the
aggregate direct cost program funding level for all Bureau funded
programs which share common administrative cost functions.
``(g)(1) There are authorized to be appropriated for each fiscal
year such sums as may be necessary to carry out this section.
``(2) If the total amount of funds necessary to provide grants to
tribes and tribal organizations in the amounts determined under
subsection (b) for a fiscal year exceeds the amount of funds
appropriated to carry out this section for such fiscal year, the
Secretary shall reduce the amount of each grant determined under
subsection (b) for such fiscal year by an amount that bears the same
relationship to such excess as the amount of such grant determined
under subsection (b) bears to the total of all grants determined under
subsection (b) for all tribes and tribal organizations for such fiscal
year.
``(h)(1) Notwithstanding any other provision of this section, the
amount of the grants provided under this section for fiscal year 1989
shall--
``(A) in lieu of being determined under subsection (b), be
determined for each tribal elementary or secondary educational
program on the same basis that indirect costs were determined for
such programs for fiscal year 1988, and
``(B) be subject to the provisions of subsection (d).
``(2) Notwithstanding any other provision of this section, the
amount of the grant provided under this section for fiscal year 1990
with respect to each tribal elementary and secondary educational
program that was operated by a tribe or tribal organization in fiscal
year 1989 shall be equal to--
``(A) if the amount of the grant determined under subsection
(b) for fiscal year 1990 with respect to such program exceeds the
amount received by the tribe or tribal organization with respect to
such program for administrative costs for fiscal year 1988 (or
fiscal year 1989 if such program was not operated by the tribe or
tribal organization during fiscal year 1988), the sum of--
``(i) such amount received, plus
``(ii) \1/3\ of the excess of--
``(I) such amount determined under subsection (b), over
``(II) such amount received, or
``(B) if such amount received exceeds such amount determined
under subsection (b), the excess of--
``(i) such amount received, over
``(ii) an amount equal to \1/3\ of the excess of--
``(I) such amount received, over
``(II) such amount determined under subsection (b).
``(3) Notwithstanding any other provision of this section, the
amount of the grants provided under this section for fiscal year 1991
with respect to each tribal elementary and secondary educational
program that was operated by a tribe or tribal organization in fiscal
year 1989 shall be equal to--
``(A) if the amount of the grant determined under subsection
(b) for fiscal year 1991 with respect to such program exceeds the
amount received by the tribe or tribal organization with respect to
such program for administrative costs for fiscal year 1990, the sum
of--
``(i) such amount received, plus
``(ii) \1/2\ of the excess of--
``(I) such amount determined under subsection (b), over
``(II) such amount received, or
``(B) if such amount received exceeds such amount determined
under subsection (b), the excess of--
``(i) such amount received, over
``(ii) an amount equal to \1/2\ of the excess of--
``(I) such amount received over,
``(II) such amount determined under subsection (b).
``(i) The provisions of this section shall also apply to those
schools operating under the Tribally Controlled Schools Act of 1988.
``SEC. 1129. DIVISION OF BUDGET ANALYSIS.
``(a) Within 24 months of the date of enactment of the Improving
America's Schools Act of 1994, the Secretary shall establish within the
Office a Division of Budget Analysis (hereinafter referred to as the
`Division'). Such Division shall be under the direct supervision and
control of the Director of the Office.
``(b) The Division shall have the capacity to conduct such studies,
surveys, or other activities as are necessary to gather demographic
information on Bureau-funded schools (current and future) and project
the amount necessary to provide Indian students in such schools the
educational program set forth in this part.
``(c) The Division shall prepare projections on such amounts, along
with such other information as the Director of the Office shall
require, for each fiscal year beginning after October 1, 1996. The
Director of the Office and the Assistant Secretary for Indian Affairs
shall use such reports when preparing their annual budget submissions.
``SEC. 1130. UNIFORM DIRECT FUNDING AND SUPPORT.
``(a)(1) Within six months after the date of enactment of the
Improving America's Schools Act of 1994, the Secretary shall establish,
by regulation adopted in accordance with section 1139, a system for the
direct funding and support of all Bureau funded schools. Such system
shall allot funds, in accordance with section 1127. All amounts
appropriated for distribution under this section may be made available
under paragraph (2).
``(2)(A) For the purpose of affording adequate notice of funding
available pursuant to the allotments made by section 1127, amounts
appropriated in an appropriation Act for any fiscal year shall become
available for obligation by the affected schools on July 1 of the
fiscal year in which such amounts are appropriated without further
action by the Secretary, and shall remain available for obligation
through the succeeding fiscal year.
``(B) The Secretary shall, on the basis of the amount appropriated
in accordance with this paragraph--
``(i) publish, on July 1 of the fiscal year for which the funds
are appropriated, allotments to each affected school made under
section 1127 of 85 percent of such appropriation; and
``(ii) publish, not later than September 30 of such fiscal
year, the allotments to be made under section 1127 of the remaining
15 percent of such appropriation, adjusted to reflect actual
student attendance.
``(3)(A) Notwithstanding any law or regulation, the supervisor of a
Bureau school may expend an aggregate of not more than $35,000 of the
amount allotted the school under section 1127 to acquire supplies and
equipment for the school without competitive bidding if--
``(i) the cost for any single item purchased does not exceed
$10,000;
``(ii) the school board approves the procurement;
``(iii) the supervisor certifies that the cost is fair and
reasonable;
``(iv) the documents relating to the procurement executed by
the supervisor or other school staff cite this paragraph as
authority for the procurement; and
``(v) the transaction is documented in a journal maintained at
the school clearly identifying when the transaction occurred, what
was acquired and from whom, the prices paid, the quantities
acquired, and any other information the supervisor or school board
considers relevant.
``(B) The Director shall be responsible for determining the
application of this paragraph, including the authorization of specific
individuals to carry out this paragraph, and shall be responsible for
the provision of guidelines on the use of this paragraph and adequate
training on such guidelines.
``(4) If a sequestration order issued under the Balanced Budget and
Emergency Deficit Control Act of 1985 reduces the amount of funds
available for allotment under section 1127 for any fiscal year by more
than 7 percent of the amount of funds available for allotment under
such section during the preceding fiscal year--
``(A) the Secretary, notwithstanding any other law, may use--
``(i) funds appropriated for the operation of any Bureau
school that is closed or consolidated, and
``(ii) funds appropriated for any program that has been
curtailed at any Bureau school,
to fund allotments made under section 1127, and
``(B) the Secretary may waive the application of the provisions
of section 1121(h) with respect to the closure or consolidation of
a school, or the curtailment of a program at a school, during such
fiscal year if the funds described in clauses (i) and (ii) of
subparagraph (A) with respect to such school are used to fund
allotments made under section 1127 for such fiscal year.
``(b) In the case of all Bureau schools, allotted funds shall be
expended on the basis of local financial plans which shall be prepared
by the local school supervisor in active consultation with the local
school board for each school, and the local school board for each
school shall have the authority to ratify, reject, or amend such
financial plan, and expenditures thereunder, and, on its own
determination or in response to the supervisor of the school, to revise
such financial plan to meet needs not foreseen at the time of
preparation of the financial plan. The supervisor shall provide the
appropriate union representative of the education employees with copies
of proposed draft financial plans and all amendments or modifications
thereto, at the same time such copies are submitted to the local school
board. The supervisor of the school may appeal any such action of the
local school board to the appropriate education line officer of the
Bureau agency by filing a written statement describing the action and
the reasons the supervisor believes such action should be overturned. A
copy of such statement shall be submitted to the local school board and
such board shall be afforded an opportunity to respond, in writing, to
such appeal. After reviewing such written appeal and response, the
appropriate education line officer may, for good cause, overturn the
action of the local school board. The appropriate line education
officer shall transmit the determination of such appeal in the form of
a written opinion to such board and to such supervisor identifying the
reasons for overturning such action.
``(c) Funds for self-determination grants under section 103(a)(2)
of the Indian Self-Determination and Education Assistance Act shall not
be used for providing technical assistance and training in the field of
education by the Bureau unless such services are provided in accordance
with a plan, agreed to by the tribe or tribes affected and the Bureau,
under which control of education programs is intended to be transferred
to such tribe or tribes within a specific period of time negotiated
under such agreement. The Secretary may approve applications for
funding tribal divisions of education and the development of tribal
codes of education from funds appropriated pursuant to section 104(a)
of such Act.
``(d) In the exercise of its authority under this section, a local
school board may request technical assistance and training from the
Secretary, and the Secretary shall, to the greatest extent possible,
provide such services, and make appropriate provisions in the budget of
the Office for such services.
``(e)(1) A financial plan under subsection (b) for a school may
include, at the discretion of the local administrator and the school
board of such school, a provision for a summer program of academic and
support services for students of the school. Any such program may
include activities related to the prevention of alcohol and substance
abuse. The Assistant Secretary of Indian Affairs shall provide for the
utilization of any such school facility during any summer in which such
utilization is requested.
``(2) Notwithstanding any other provision of law, funds authorized
under the Act of April 16, 1934 (25 U.S.C. 452 et seq.) and this Act
may be used to augment the services provided in each summer program at
the option, and under the control, of the tribe or Indian controlled
school receiving such funds.
``(3) The Assistant Secretary of Indian Affairs, acting through the
Director of the Office, shall provide technical assistance and
coordination for any program described in paragraph (1) and shall, to
the extent possible, encourage the coordination of such programs with
any other summer programs that might benefit Indian youth, regardless
of the funding source or administrative entity of any such program.
``(f)(1) From funds allotted to a Bureau school under section 1127,
the Secretary shall, if specifically requested by the tribal governing
body (within the meaning of section 1121(k)), implement any cooperative
agreement entered into between the tribe, the Bureau school board, and
the local public school district which meets the requirements of
paragraph (2) and involves the school. The tribe, the Bureau school
board, and the local public school district shall determine the terms
of the agreement. Such agreement may encompass coordination of all or
any part of the following:
``(A) Academic program and curriculum, unless the Bureau school
is currently accredited by a State or regional accrediting entity
and would not continue to be so accredited.
``(B) Support services, including procurement and facilities
maintenance.
``(C) Transportation.
``(2) Each agreement entered into pursuant to the authority
provided in paragraph (1) shall confer a benefit upon the Bureau school
commensurate with the burden assumed, though this requirement shall not
be construed so as to require equal expenditures or an exchange of
similar services.
``(g) Notwithstanding any other provision of law, where there is
agreement on action between the superintendent and the school board of
a Bureau funded school, the product or result of a project conducted in
whole or in major part by a student may be given to that student upon
the completion of such project.
``(h) Notwithstanding any other provision of law, funds received by
a Bureau funded school under this title shall not be considered Federal
funds for purposes of meeting a matching funds requirement in any
Federal program.
``SEC. 1131. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.
``(a) It shall be the policy of the Secretary and the Bureau, in
carrying out the functions of the Bureau, to facilitate Indian control
of Indian affairs in all matters relating to education.
``(b)(1) All actions under this Act shall be done with active
consultation with tribes.
``(2) The consultation required under paragraph (1) means a process
involving the open discussion and joint deliberation of all options
with respect to potential issues or changes between the Bureau and all
interested parties. During such discussions and joint deliberations,
interested parties (including tribes and school officials) shall be
given an opportunity to present issues including proposals regarding
changes in current practices or programs which will be considered for
future action by the Bureau. All interested parties shall be given an
opportunity to participate and discuss the options presented or to
present other alternatives, with the views and concerns of the
interested parties given effect unless the Secretary determines, from
information educed or presented by the interested parties during 1 or
more of the discussions and deliberations, that there is a substantial
reason for another course of action. The Secretary shall submit to any
Member of Congress, within 18 days of the receipt of a written request
by such Member, a written explanation of any decision made by the
Secretary which is not consistent with the views of the interested
parties.
``SEC. 1132. EDUCATION PERSONNEL.
``(a)(1) Chapter 51, subchapter III of chapter 53, and chapter 63
of title 5, United States Code, relating to classification, pay, and
leave, respectively, and the sections of such title relating to the
appointment, promotion, and removal of civil service employees, shall
not apply to educators or to education positions (as defined in
subsection (n)).
``(2) Paragraph (1) shall take effect 1 year after the date of
enactment of this Act.
``(b) Not later than the effective date of subsection (a)(2), the
Secretary shall prescribe regulations to carry out this section. Such
regulations shall govern--
``(1) the establishment of education positions,
``(2) the establishment of qualifications for educators,
``(3) the fixing of basic compensation for educators and
education positions,
``(4) the appointment of educators,
``(5) the discharge of educators,
``(6) the entitlement of educators to compensation,
``(7) the payment of compensation to educators,
``(8) the conditions of employment of educators,
``(9) the length of the school year applicable to education
positions described in subsection (n)(1)(A),
``(10) the leave system for educators, and
``(11) such other matters as may be appropriate.
``(c)(1) In prescribing regulations to govern the qualifications of
educators, the Secretary shall require--
``(A)(i) that lists of qualified and interviewed applicants for
education positions be maintained in each agency and area office of
the Bureau from among individuals who have applied at the agency or
area level for an education position or who have applied at the
national level and have indicated in such application an interest
in working in certain areas or agencies; and
``(ii) that a list of qualified and interviewed applicants for
education positions be maintained in the Office from among
individuals who have applied at the national level for an education
position and who have expressed interest in working in an education
position anywhere in the United States;
``(B) that a local school board shall have the authority to
waive on a case-by-case basis, any formal education or degree
qualifications established by regulation pursuant to subsection
(b)(2), in order for a tribal member to be hired in an education
position to teach courses on tribal culture and language and that
subject to subsection (d)(2)(A), a determination by a school board
that such a person be hired shall be followed by the supervisor;
and
``(C) that it shall not be a prerequisite to the employment of
an individual in an education position at the local level that such
individual's name appear on the national list maintained pursuant
to paragraph (1)(A)(ii) or that such individual has applied at the
national level for an education position.
``(2) The Secretary may authorize the temporary employment in an
education position of an individual who has not met the certification
standards established pursuant to regulations, if the Secretary
determines that failure to do so would result in that position
remaining vacant.
``(d)(1) In prescribing regulations to govern the appointment of
educators, the Secretary shall require--
``(A)(i) that educators employed in a school (other than the
supervisor of the school) shall be hired by the supervisor of the
school unless there are no qualified applicants available, in which
case the vacant position shall be filled at the national level from
the list maintained pursuant to subsection (c)(1)(A)(ii);
``(ii) each school supervisor shall be hired by the education
line officer of the agency office of the Bureau in which the school
is located; and
``(iii) educators employed in an agency office of the Bureau
shall be hired by the superintendent for education of the agency
office;
``(B) that before an individual is employed in an education
position in a school by the supervisor of a school (or, with
respect to the position of supervisor, by the appropriate agency
education line officer), the local school board for the school
shall be consulted, and that subject to paragraph (2), a
determination by the school board that such individual should or
should not be so employed shall be followed by the supervisor (or
with respect to the position of supervisor, by the agency
superintendent for education); and
``(C) that before an individual may be employed in an education
position at the agency level, the appropriate agency school board
shall be consulted, and that, subject to paragraph (3), a
determination by such school board that such individual should or
should not be employed shall be followed by the agency
superintendent for education.
``(2)(A) The supervisor of a school may appeal to the appropriate
agency education line officer any determination by the local school
board for the school that an individual be employed, or not be
employed, in an education position in the school (other than that of
supervisor) by filing a written statement describing the determination
and the reasons the supervisor believes such determination should be
overturned. A copy of such statement shall be submitted to the local
school board and such board shall be afforded an opportunity to
respond, in writing, to such appeal. After reviewing such written
appeal and response, the education line officer may, for good cause,
overturn the determination of the local school board. The education
line officer shall transmit the determination of such appeal in the
form of a written opinion to such board and to such supervisor
identifying the reasons for overturning such determination.
``(B) The education line officer of an agency office of the Bureau
may appeal to the Director of the Office any determination by the local
school board for the school that an individual be employed, or not be
employed, as the supervisor of a school by filing a written statement
describing the determination and the reasons the supervisor believes
such determination should be overturned. A copy of such statement shall
be submitted to the local school board and such board shall be afforded
an opportunity to respond, in writing, to such appeal. After reviewing
such written appeal and response, the Director may, for good cause,
overturn the determination of the local school board. The Director
shall transmit the determination of such appeal in the form of a
written opinion to such board and to such education line officer
identifying the reasons for overturning such determination.
``(3) The education line officer of an agency office of the Bureau
may appeal to the Director of the Office any determination by the
agency school board that an individual be employed, or not be employed,
in an education position in such agency office by filing a written
statement describing the determination and the reasons the supervisor
believes such determination should be overturned. A copy of such
statement shall be submitted to the agency school board and such board
shall be afforded an opportunity to respond, in writing, to such
appeal. After reviewing such written appeal and response, the Director
may, for good cause, overturn the determination of the agency school
board. The Director shall transmit the determination of such appeal in
the form of a written opinion to such board and to such education line
officer identifying the reasons for overturning such determination.
``(4) Any individual who applies at the local level for an
education position shall state on such individual's application whether
or not such individual has applied at the national level for an
education position in the Bureau. If such individual is employed at the
local level, such individual's name shall immediately be forwarded to
the Secretary, who shall, as soon as possible but in no event in more
than 30 days, ascertain the accuracy of the statement made by such
individual pursuant to the first sentence of this paragraph. If the
individual's statement is found to have been false, such individual, at
the Secretary's discretion, may be disciplined or discharged. If the
individual had applied at the national level for an education position
in the Bureau, the appointment of such individual at the local level
shall be conditional for a period of 90 days, during which period the
Secretary may appoint a more qualified individual (as determined by the
Secretary) from the list maintained at the national level pursuant to
subsection (c)(1)(A)(ii) to the position to which such individual was
appointed.
``(5) Except as expressly provided, nothing in this section shall
be construed as conferring upon local school boards, authority over, or
control of, educators.
``(e)(1) In prescribing regulations to govern the discharge and
conditions of employment of educators, the Secretary shall require--
``(A) that procedures be established for the rapid and
equitable resolution of grievances of educators;
``(B) that no educator may be discharged without notice of the
reasons therefore and opportunity for a hearing under procedures
that comport with the requirements of due process; and
``(C) educators employed in Bureau schools shall be notified 60
days prior to the end of the school year whether their employment
contract will be renewed for the following year.
``(2) The supervisor of a Bureau school may discharge (subject to
procedures established under paragraph (1)(B)) for cause (as determined
under regulations prescribed by the Secretary) any educator employed in
such school. Upon giving notice of proposed discharge to an educator,
the supervisor involved shall immediately notify the local school board
for the school of such action. A determination by the local school
board that such educator shall not be discharged shall be followed by
the supervisor. The supervisor shall have the right to appeal such
action to the education line officer of the appropriate agency office
of the Bureau. Upon such an appeal, the agency education line officer
may, for good cause and in writing to the local school board, overturn
the determination of the local school board with respect to the
employment of such individual.
``(3) Each local school board for a Bureau school shall have the
right--
``(A) to recommend to the supervisor of such school that an
educator employed in the school be discharged; and
``(B) to recommend to the education line officer of the
appropriate agency office of the Bureau and to the Director of the
Office, that the supervisor of the school be discharged.
``(f)(1) Notwithstanding any provision of the Indian preference
laws, such laws shall not apply in the case of any personnel action
within the purview of this section respecting an applicant or employee
not entitled to Indian preference if each tribal organization concerned
grants, in writing, a waiver of the application of such laws with
respect to such personnel action, if such a waiver is in writing deemed
to be a necessity by the tribal organization, except that this
paragraph shall in no way relieve the Bureau of the Bureau's
responsibility to issue timely and adequate announcements and
advertisements concerning any such personnel action if such action is
intended to fill a vacancy (no matter how such vacancy is created).
``(2) For purposes of this subsection, the term `tribal
organization' means--
``(A) the recognized governing body of any Indian tribe, band,
nation, pueblo, or other organized community, including a Native
village (as defined in section 3(c) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(c); 85 Stat. 688)); or
``(B) in connection with any personnel action referred to in
this subsection, any local school board as defined in section 1146,
and which has been delegated by such governing body the authority
to grant a waiver under such subsection with respect to such
personnel action.
``(3) The term `Indian preference laws' means section 12 of the Act
of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any other provision
of law granting a preference to Indians in promotions and other
personnel actions, except that such term shall not be considered to
include section 7(b) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450e(b)).
``(g) Subject to the authority of the Office of Personnel
Management to determine finally the applicability of chapter 51 of
title 5, United States Code, to specific positions and employees in the
executive branch, the Secretary shall determine in accordance with
subsection (a)(1) the applicability or inapplicability of such chapter
to positions and employees in the Bureau.
``(h)(1)(A) Except as otherwise provided in this section, the
Secretary shall fix the basic compensation or annual salary rate for
educators and education positions at rates comparable to the rates in
effect under the General Schedule for individuals with comparable
qualifications, and holding comparable positions, to whom chapter 51 of
title 5, United States Code, is applicable or on the basis of the
Federal Wage System schedule in effect for the locality.
``(B) By not later than October 28, 1988, the Secretary shall
establish, for contracts for the 1991-1992 academic year, and
thereafter, the rates of basic compensation, or annual salary rates,
for the positions of teachers and counselors (including dormitory
counselors and home-living counselors) at the rates of basic
compensation applicable (on the date of enactment of such amendments
and thereafter) to comparable positions in overseas schools under the
Defense Department Overseas Teachers Pay and Personnel Practices Act,
unless the Secretary establishes such rates within such 6-month period
through collective bargaining with the appropriate union representative
of the education employees that is recognized by the Bureau.
``(C) By not later than October 28, 1988, the Secretary shall
establish the rates of basic compensation or annual salary rates for
the positions of teachers and counselors (including dormitory and home-
living counselors)--
``(i) for contracts for the 1989-1990 academic year, at rates
which reflect \1/3\ of the changes in the rates applicable to such
positions on April 28, 1988, that must be made to conform the rates
to the rates established under subparagraph (B) for such positions
for contracts for the 1991-1992 academic year, and
``(ii) for contracts for the 1990-1991 academic year, at rates
which reflect \2/3\ of such changes.
``(D) The establishment of rates of basic compensation and annual
salary rates by the Secretary under subparagraphs (B) and (C) shall not
preclude the use of regulations and procedures used by the Bureau
before the enactment of the Indian Education Amendments of 1988 in
making determinations regarding promotions and advancements through
levels of pay that are based on the merit, education, experience, or
tenure of the educator.
``(E)(i) Except as provided in clause (ii), the establishment of
rates of basic compensation and annual salary rates by the Secretary
under subparagraphs (B) and (C) shall not affect the continued
employment or compensation of an educator who was employed in an
education position on October 31, 1979, and who did not make the
election under paragraph (2) of subsection (o).
``(ii) Any individual described in clause (i) may, during the 5-
year period beginning on the date on which the Secretary establishes
rates of basic compensation and annual salary rates under subparagraph
(B), make an irrevocable election to have the basic compensation rate
or annual salary rate of such individual determined in accordance with
this paragraph.
``(iii) If an individual makes the election described in clause
(ii), such election shall not affect the application to the individual
of the same retirement system and leave system that applies to the
individual during the fiscal year preceding the fiscal year in which
such election is made, except that the individual must use leave
accrued during a contract period by the end of that contract period.
``(F) The President shall include with the budget submitted under
section 1105 of title 31, United States Code, for each of the fiscal
years 1990, 1991, and 1992 a written statement by the Secretary which
specifies--
``(i) the amount of funds the Secretary needs to pay basic
compensation and the annual salaries of educators for such fiscal
year, and
``(ii) the amount of funds the Secretary estimates would be
needed to pay basic compensation and the annual salaries of
educators for such fiscal year if the amendments made to this
paragraph by the Indian Education Amendments of 1988 had not been
enacted.
``(2) Each educator employed in an education position in Alaska
shall be paid a cost-of-living allowance equal to 25 percent of the
rate of basic compensation to which such educator is entitled.
``(3)(A) The Secretary may pay a postdifferential not to exceed 25
percent of the rate of basic compensation, on the basis of conditions
of environment or work which warrant additional pay as a recruitment
and retention incentive.
``(B)(i) Upon the request of the supervisor and the local school
board of a Bureau school, the Secretary shall grant the supervisor of
the school authorization to provide 1 or more post differentials under
subparagraph (A) unless the Secretary determines for clear and
convincing reasons (and advises the board in writing of those reasons)
that certain of the requested post differentials should be disapproved
or decreased because there is no disparity of compensation for the
involved employees or positions in the Bureau school, as compared with
the nearest public school, that is either--
``(I) at least 5 percent, or
``(II) less than 5 percent and affects the recruitment or
retention of employees at the school.
``(ii) The request under clause (i) shall be deemed granted as
requested at the end of the 60th day after the request is received in
the Central Office of the Bureau unless before that time the request is
approved, approved with modification, or disapproved by the Secretary.
``(iii) The Secretary or the supervisor of a Bureau school may
discontinue or decrease a post differential authorized by reason of
this subparagraph at the beginning of a school year after either--
``(I) the local school board requests that such differential be
discontinued or decreased, or
``(II) the Secretary or the supervisor determines for clear and
convincing reasons (and advises the board in writing of those
reasons) that there is no disparity of compensation that would
affect the recruitment or retention of employees at the school
after the differential is discontinued or decreased.
``(iv) On or before February 1 of each year, the Secretary shall
submit to Congress a report describing the requests and grants of
authority under this subparagraph during the previous fiscal year and
listing the positions contracted under those grants of authority.
``(i) Any individual--
``(1) who on the date of enactment of this Act is holding a
position which is determined under subsection (f) to be an
education position and who elects under subsection (o)(2) to be
covered under the provisions of this section, or
``(2) who is an employee of the Federal Government or the
municipal government of the District of Columbia and is
transferred, promoted, or reappointed, without break in service,
from a position under a different leave system to an education
position,
shall be credited for the purpose of the leave system provided under
regulations prescribed pursuant to subsection (b)(10), with the annual
and sick leave to such individual's credit immediately before the
effective date of such election, transfer, promotion, or reappointment.
``(j) Upon termination of employment with the Bureau, any annual
leave remaining to the credit of an individual within the purview of
this section shall be liquidated in accordance with sections 5551(a)
and 6306 of title 5, United States Code, except that leave earned or
accrued under regulations prescribed pursuant to subsection (b)(10)
shall not be so liquidated.
``(k) In the case of any educator who is transferred, promoted, or
reappointed, without break in service, to a position in the Federal
Government under a different leave system, any remaining leave to the
credit of such person earned or credited under the regulations
prescribed pursuant to subsection (b)(10) shall be transferred to such
person's credit in the employing agency on an adjusted basis in
accordance with regulations which shall be prescribed by the Office of
Personnel Management.
``(l) An educator who voluntarily terminates employment with the
Bureau before the expiration of the existing employment contract
between such educator and the Bureau shall not be eligible to be
employed in another education position in the Bureau during the
remainder of the term of such contract.
``(m) In the case of any educator employed in an education position
described in subsection (n)(1)(A) who--
``(1) is employed at the close of a school year,
``(2) agrees in writing to serve in such a position for the
next school year, and
``(3) is employed in another position during the recess period
immediately preceding such next school year, or during such recess
period receives additional compensation referred to in section 5533
of title 5, United States Code, relating to dual compensation,
shall not apply to such educator by reason of any such employment
during a recess period for any such receipt of additional
compensation.
``(n) For the purpose of this section--
``(1) The term `education position' means a position in the
Bureau the duties and responsibilities of which--
``(A) are performed on a school-year basis principally in a
Bureau school and involve--
``(i) classroom or other instruction or the supervision
or direction of classroom or other instruction;
``(ii) any activity (other than teaching) which
requires academic credits in educational theory and
practice equal to the academic credits in educational
theory and practice required for a bachelor's degree in
education from an accredited institution of higher
education;
``(iii) any activity in or related to the field of
education notwithstanding that academic credits in
educational theory and practice are not a formal
requirement for the conduct of such activity; or
``(iv) support services at, or associated with, the
site of the school; or
``(B) are performed at the agency level of the Bureau and
involve the implementation of education-related programs other
than the position for agency superintendent for education.
``(2) The term `educator' means an individual whose services
are required, or who is employed, in an education position.
``(o)(1) Subsections (a) through (n) of this section apply to an
educator hired after November 1, 1979 (and to an educator who elected
application under paragraph (2)) and to the position in which such
individual is employed. Subject to paragraph (2), the enactment of this
Act shall not affect the continued employment of an individual employed
on October 31, 1979 in an education position, or such individual's
right to receive the compensation attached to such position.
``(2) Any individual employed in an education position on October
31, 1979, may, not later than November 1, 1983, make an irrevocable
election to be covered under the provisions of subsections (a) through
(n) of this section.
``(p)(1) An educator who was employed in an education position on
October 31, 1979, who was eligible to make an election under paragraph
(2) of subsection (o) at that time, and who did not make the election
under paragraph (2) of subsection (o), may not be placed on furlough
(within the meaning of section 7511(a)(5) of title 5, United States
Code) without the consent of such educator for an aggregate of more
than 4 weeks within the same calendar year, unless--
``(A) the supervisor, with the approval of the local school
board (or of the education line officer upon appeal under paragraph
(2)), of the Bureau school at which such educator provides services
determines that a longer period of furlough is necessary due to an
insufficient amount of funds available for personnel compensation
at such school, as determined under the financial plan process as
determined under section 1130(b) of this Act, and
``(B) all educators (other than principals and clerical
employees) providing services at such Bureau school are placed on
furloughs of equal length, except that the supervisor, with the
approval of the local school board (or of the agency education line
officer upon appeal under paragraph (2)), may continue 1 or more
educators in pay status if--
``(i) such educators are needed to operate summer programs,
attend summer training sessions, or participate in special
activities including curriculum development committees; and
``(ii) such educators are selected based upon such
educator's qualifications, after public notice of the minimum
qualifications reasonably necessary and without discrimination
as to supervisory, nonsupervisory, or other status of the
educators who apply.
``(2) The supervisor of a Bureau school may appeal to the
appropriate agency education line officer any refusal by the local
school board to approve any determination of the supervisor that is
described in paragraph (1)(A) by filing a written statement describing
the determination and the reasons the supervisor believes such
determination should be approved. A copy of such statement shall be
submitted to the local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After reviewing
such written appeal and response, the education line officer may, for
good cause, approve the determination of the supervisor. The
educational line officer shall transmit the determination of such
appeal in the form of a written opinion to such local school board and
to the supervisor identifying the reasons for approving such
determination.
``SEC. 1133. MANAGEMENT INFORMATION SYSTEM.
``The Secretary shall establish within the Office, within 1 year
after the date of the enactment of the Indian Education Amendments of
1984, a computerized management information system, which shall provide
information to the Office. Such information shall include--
``(1) student enrollment;
``(2) curriculum;
``(3) staff;
``(4) facilities;
``(5) community demographics;
``(6) student assessment information; and
``(7) information on the administrative and program costs
attributable to each Bureau program, divided into discreet
elements.
``SEC. 1134. BUREAU EDUCATION POLICIES.
``Within 180 days of the date of enactment of this Act, the
Secretary shall develop, publish in the Federal Register, and submit to
all agency and area offices of the Bureau, all tribal governments, and
the appropriate committees of the Congress, a draft set of education
policies, procedures, and practices for education-related action of the
Bureau. The Secretary shall, within 1 year of the date of enactment of
this Act, provide that such uniform policies, procedures, and practices
shall be finalized and promulgated. Thereafter, such policies,
procedures, and practices and their periodic revisions, shall serve as
the foundation for future Bureau actions in education.
``SEC. 1135. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
``The Secretary shall cause the various divisions of the Bureau to
formulate uniform procedures and practices with respect to such
concerns of those divisions as relate to education, and shall report
such practices and procedures to the Congress.
``SEC. 1136. RECRUITMENT OF INDIAN EDUCATORS.
``The Secretary shall institute a policy for the recruitment of
qualified Indian educators and a detailed plan to promote employees
from within the Bureau. Such plan shall include opportunities for
acquiring work experience prior to actual work assignment.
``SEC. 1137. ANNUAL REPORT.
``(a) The Secretary shall submit to each appropriate committee of
the Congress a detailed annual report on the state of education within
the Bureau and any problems encountered in the field of education
during the year. Such report shall contain suggestions for improving
the Bureau educational system and increasing local Indian control of
such system. Such report shall also include the current status of
tribally controlled community colleges. The annual budget submission
for the Bureau's education programs shall, among other things,
include--
``(1) information on the funds provided previously private
schools under section 208 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 458d) and recommendations with
respect to the future use of such funds;
``(2) the needs and costs of operation and maintenance of
tribally controlled community colleges eligible for assistance
under the Tribally Controlled Community College Assistance Act of
1978 (25 U.S.C. 1801 et seq.) and recommendations with respect to
meeting such needs and costs; and
``(3) the plans required by sections 1121(g), 1122(c), and
1125(b), of this Act.
``(b) The Inspector General of the Department of the Interior shall
establish a system to ensure that financial and compliance audits are
conducted of each Bureau school at least once in every three years.
Audits of Bureau schools shall be based upon the extent to which such
school has complied with its local financial plan under section 1129.
``SEC. 1138. RIGHTS OF INDIAN STUDENTS.
``Within six months of the date of enactment of this Act, the
Secretary shall prescribe such rules and regulations as are necessary
to ensure the constitutional and civil rights of Indian students
attending Bureau schools, including such students' right to privacy
under the laws of the United States, such students' right to freedom of
religion and expression and such students' right to due process in
connection with disciplinary actions, suspensions, and expulsions.
``SEC. 1139. REGULATIONS.
``Regulations required to be adopted under sections 1126 through
1138 and any revisions of the standards developed under section 1121 or
1122 shall be deemed rules of general applicability prescribed for the
administration of an applicable program for the purposes of section 437
of the General Education Provisions Act and shall be promulgated,
submitted for congressional review, and take effect in accordance with
the provisions of such section. Such regulations shall contain,
immediately following each substantive provision of such regulations,
citations to the particular section or sections of statutory law or
other legal authority upon which such provision is based.
``SEC. 1140. VOLUNTARY SERVICES.
``Notwithstanding section 1342 of title 31, United States Code, the
Secretary may, subject to the approval of the local school board
concerned, accept voluntary services on behalf of Bureau schools.
Nothing in this title shall be construed to require Federal employees
to work without compensation or to allow the use of volunteer services
to displace or replace Federal employees. An individual providing
volunteer services under this section is a Federal employee only for
purposes of chapter 81 of title 5, United States Code, and chapter 171
of title 28, United States Code.
``SEC. 1141. PRORATION OF PAY.
``(a) Notwithstanding any other provision of law, including laws
relating to dual compensation, the Secretary, at the election of the
employee, shall prorate the salary of an employee employed in an
education position for the academic school year over the entire 12-
month period. Each educator employed for the academic school year shall
annually elect to be paid on a 12-month basis or for those months while
school is in session. No educator shall suffer a loss of pay or
benefits, including benefits under unemployment or other Federal or
federally assisted programs, because of such election.
``(b) During the course of such year the employee may change
election once.
``(c) That portion of the employee's pay which would be paid
between academic school years may be paid in lump sum at the election
of the employee.
``(d) For the purposes of this section the terms `educator' and
`education position' have the meaning contained in paragraphs (1) and
(2) of section 1132(n). This section applies to those individuals
employed under the provisions of section 1132 of this title or title 5,
United States Code.
``SEC. 1142. EXTRACURRICULAR ACTIVITIES.
``(a) Notwithstanding any other provision of law, the Secretary may
provide, for each Bureau area, a stipend in lieu of overtime premium
pay or compensatory time off. Any employee of the Bureau who performs
additional activities to provide services to students or otherwise
support the school's academic and social programs may elect to be
compensated for all such work on the basis of the stipend. Such stipend
shall be paid as a supplement to the employee's base pay.
``(b) If an employee elects not to be compensated through the
stipend established by this section, the appropriate provisions of
title 5, United States Code, shall apply.
``(c) This section applies to all Bureau employees, whether
employed under section 1132 of this title or title 5, United States
Code.
``SEC. 1143. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
``(a) The Secretary shall provide grants to tribes, tribal
organizations, and consortia of tribes and tribal organizations to fund
early childhood development programs that are operated by such tribes,
organizations, or consortia.
``(b)(1) The total amount of the grants provided under subsection
(a) with respect to each tribe, tribal organization, or consortium of
tribes or tribal organizations for each fiscal year shall be equal to
the amount which bears the same relationship to the total amount
appropriated under the authority of subsection (f) for such fiscal year
(less amounts provided under subsection (e)) as--
``(A) the total number of children under 6 years of age who are
members of--
``(i) such tribe,
``(ii) the tribe that authorized such tribal organization,
or
``(iii) any tribe that--
``(I) is a member of such consortium, or
``(II) authorizes any tribal organization that is a
member of such consortium, bears to
``(B) the total number of all children under 6 years of age who
are members of any tribe that--
``(i) is eligible to receive funds under subsection (a),
``(ii) is a member of a consortium that is eligible to
receive such funds, or
``(iii) authorizes a tribal organization that is eligible
to receive such funds.
``(2) No grant may be provided under subsection (a)--
``(A) to any tribe that has less than 500 members,
``(B) to any tribal organization which is authorized--
``(i) by only 1 tribe that has less than 500 members, or
``(ii) by 1 or more tribes that have a combined total
membership of less than 500 members, or
``(C) to any consortium composed of tribes, or tribal
organizations authorized by tribes, that have a combined total
tribal membership of less than 500 members.
``(c)(1) A grant may be provided under subsection (a) to a tribe,
tribal organization, or consortia of tribes and tribal organizations
only if the tribe, organization or consortia submits to the Secretary
an application for the grant at such time and in such form as the
Secretary shall prescribe.
``(2) Applications submitted under paragraph (1) shall set forth
the early childhood development program that the applicant desires to
operate.
``(d) The early childhood development programs that are funded by
grants provided under subsection (a)--
``(1) shall coordinate existing programs and may provide
services that meet identified needs of parents and children under 6
years of age which are not being met by existing programs,
including--
``(A) prenatal care,
``(B) nutrition education,
``(C) health education and screening,
``(D) educational testing, and
``(E) other educational services,
``(2) may include instruction in the language, art, and culture
of the tribe, and
``(3) shall provide for periodic assessment of the program.
``(e) The Secretary shall, out of funds appropriated under the
authority of subsection (f), include in the grants provided under
subsection (a) amounts for administrative costs incurred by the tribe
or tribal organization in establishing and maintaining the early
childhood development program.
``(f) For the purpose of carrying out the provisions of this
section, 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, 1997, 1998, and 1999.
``SEC. 1144. TRIBAL DEPARTMENTS OF EDUCATION.
``(a) Subject to the availability of appropriations, the Secretary
shall provide grants and technical assistance to tribes for the
development and operation of tribal departments of education for the
purpose of planning and coordinating all educational programs of the
tribe.
``(b) Grants provided under this section shall--
``(1) be based on applications from the governing body of the
tribe,
``(2) reflect factors such as geographic and population
diversity,
``(3) facilitate tribal control in all matters relating to the
education of Indian children on Indian reservations and on former
Indian reservations in Oklahoma,
``(4) provide for the development of coordinated educational
programs on Indian reservations (including all preschool,
elementary, secondary, and higher or vocational educational
programs funded by tribal, Federal, or other sources) by
encouraging tribal administrative support of all Bureau funded
educational programs as well as encouraging tribal cooperation and
coordination with all educational programs receiving financial
support from State agencies, other Federal agencies, or private
entities,
``(5) provide for the development and enforcement of tribal
educational codes, including tribal educational policies and tribal
standards applicable to curriculum, personnel, students,
facilities, and support programs, and
``(6) otherwise comply with regulations for grants under
section 103(a) of the Indian Self-Determination and Educational
Assistance Act (25 U.S.C. 450h) that are in effect on the date
application for such grants are made.
``(c)(1) In approving and funding applications for grants under
this section, the Secretary shall give priority to any application
that--
``(A) includes assurances from the majority of Bureau funded
schools located within the boundaries of the reservation of the
applicant that the tribal department of education to be funded
under this section will provide coordinating services and technical
assistance to all of such schools, including the submission to each
applicable agency of a unified application for funding for all of
such schools which provides that--
``(i) no administrative costs other than those attributable
to the individual programs of such schools will be associated
with the unified application, and
``(ii) the distribution of all funds received under the
unified application will be equal to the amount of funds
provided by the applicable agency to which each of such schools
is entitled under law,
``(B) includes assurances from the tribal governing body that
the tribal department of education funded under this section will
administer all contracts or grants (except those covered by the
other provisions of this title and the Tribally Controlled
Community College Assistance Act of 1978) for education programs
administered by the tribe and will coordinate all of the programs
to the greatest extent possible,
``(C) includes assurances for the monitoring and auditing by or
through the tribal department of education of all education
programs for which funds are provided by contract or grant to
ensure that the programs meet the requirements of law, and
``(D) provides a plan and schedule for--
``(i) the assumption over the term of the grant by the
tribal department of education of all assets and functions of
the Bureau agency office associated with the tribe, insofar as
those responsibilities relate to education, and
``(ii) the termination by the Bureau of such operations and
office at the time of such assumption,
except that when mutually agreeable between the tribal governing
body and the Assistant Secretary, the period in which such
assumption is to occur may be modified, reduced, or extended after
the initial year of the grant.
``(2) Subject to the availability of appropriated funds, grants
provided under this section shall be provided for a period of 3 years
and the grant may, if performance by the grantee is satisfactory to the
Secretary, be renewed for additional 3-year terms.
``(d) The Secretary shall not impose any terms, conditions, or
requirements on the provision of grants under this section that are not
specified in this section.
``(e) For the purpose of carrying out the provisions of this
section, there are authorized to be appropriated $2,000,000 for fiscal
year 1995 and such sums as may be necessary for each of the fiscal
years 1996, 1997, 1998, and 1999.
``SEC. 1145. PAYMENTS.
``(a)(1) Except as otherwise provided in this subsection, the
Secretary shall make payments to grantees under this part in 2
payments--
``(A) one payment to be made not later than July 15 of each
year in an amount equal to one-half of the amount which the grantee
was entitled to receive during the preceding academic year, and
``(B) the second payment, consisting of the remainder to which
the grantee is entitled for the academic year, shall be made not
later than December 1 of each year.
``(2) For any school for which no payment was made from Bureau
funds in the preceding academic year, full payment of the amount
computed for the first academic year of eligibility under this part
shall be made not later than December 1 of the academic year.
``(3) With regard to funds for grantees that become available for
obligation on October 1 of the fiscal year for which such funds are
appropriated, the Secretary shall make payments to grantees not later
than December 1 of the fiscal year.
``(4) The provisions of chapter 39 of title 31, United States Code,
shall apply to the payments required to be made by paragraphs (1), (2),
and (3) of this subsection.
``SEC. 1146. DEFINITIONS.
``For the purpose of this part, unless otherwise specified--
``(1) the term `agency school board' means a body, the members
of which are appointed by the school boards of the schools located
within such agency, and the number of such members shall be
determined by the Secretary in consultation with the affected
tribes, except that, in agencies serving a single school, the
school board of such school shall fulfill these duties;
``(2) the term `Bureau' means the Bureau of Indian Affairs of
the Department of the Interior;
``(3) the term `Bureau funded school' means--
``(A) a Bureau school;
``(B) a contract school; or
``(C) a school for which assistance is provided under the
Tribally Controlled Schools Act of 1988;
``(4) the term `Bureau school' means a Bureau operated
elementary or secondary day or boarding school or a Bureau operated
dormitory for students attending a school other than a Bureau
school;
``(5) the term `contract or grant school' means an elementary
or secondary school or a dormitory which receives financial
assistance for its operation under a contract, grant, or agreement
with the Bureau under section 102, 103(a), or 208 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450f,
450h(a), and 458d) or under the Tribally Controlled Schools Act of
1988 (25 U.S.C. 2504);
``(6) the term `education line officer' means education
personnel under the supervision of the Director, whether located in
central, area, or agency offices;
``(7) the term `financial plan' means a plan of services to be
provided by each Bureau school;
``(8) the term `Indian organization' means any group,
association, partnership, corporation, or other legal entity owned
or controlled by a federally recognized Indian tribe or tribes, or
a majority of whose members are members of federally recognized
Indian tribes;
``(9) the term `local educational agency' means a board of
education or other legally constituted local school authority
having administrative control and direction of free public
education in a county, township, independent, or other school
district located within a State, and includes any State agency
which directly operates and maintains facilities for providing free
public education;
``(10) the term `local school board', when used with respect to
a Bureau school, means a body chosen in accordance with the laws of
the tribe to be served or, in the absence of such laws, elected by
the parents of the Indian children attending the school, except
that in schools serving a substantial number of students from
different tribes, the members shall be appointed by the governing
bodies of the tribes affected, and the number of such members shall
be determined by the Secretary in consultation with the affected
tribes;
``(11) the term `Office' means the Office of Indian Education
Programs within the Bureau;
``(12) the term `Secretary' means the Secretary of the
Interior;
``(13) the term `supervisor' means the individual in the
position of ultimate authority at a Bureau school; and
``(14) the term `tribe' means any Indian tribe, band, nation,
or other organized group or community, including any Alaska Native
village or regional or village corporation as defined in or
established pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1801 et seq.) which is recognized as eligible for the
special programs and services provided by the United States to
Indians because of their status as Indians.''.
SEC. 382. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.
(a) New Construction.--The second sentence of paragraph (4) of
section 5205(b) of the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2504(b)(4)) is amended by striking ``were received.'' and
inserting ``were received, except that a school receiving a grant under
this part for facilities improvement and repair may use such grant
funds for new construction if the tribal government or other
organization provides funding for the new construction equal to at
least one-fourth of the total cost of such new construction.''.
(b) Composition of Grants.--Subsection (b) of section 5205 of the
Tribally Controlled Schools Act of 1988 (25 U.S.C. 2504(b)) is further
amended by adding at the end the following new paragraph:
``(5) If the Secretary fails to make a determination within 180
days of a request filed by an Indian tribe or tribal organization
to include in such tribe or organization's grant the funds
described in subsection (a)(2), the Secretary shall be deemed to
have approved such request and the Secretary shall immediately
amend the grant accordingly. Such tribe or organization may enforce
its rights under subsection (a)(2) and this paragraph, including
any denial of or failure to act on such tribe or organization's
request, pursuant to the disputes authority described in section
5209(e).''.
(c) Payments.--Subsection (a) of section 5208 of the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2507(a)) is amended to read
as follows:
``(a) Payments.--
``(1) Except as otherwise provided in this subsection, the
Secretary shall make payments to grantees under this part in 2
payments, of which--
``(A) the first payment shall be made not later than July
15 of each year in an amount equal to one-half of the amount
which the grantee was entitled to receive during the preceding
academic year; and
``(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made not later than December 1 of each year.
``(2) For any school for which no payment under this part was
made from Bureau funds in the preceding academic year, full payment
of the amount computed for the first academic year of eligibility
under this part shall be made not later than December 1 of the
academic year.
``(3) With regard to funds for grantees that become available
for obligation on October 1 of the fiscal year for which such funds
are appropriated, the Secretary shall make payments to grantees not
later than December 1 of the fiscal year.
``(4) The provisions of chapter 39 of title 31, United States
Code, shall apply to the payments required to be made by paragraphs
(1), (2), and (3).
``(5) Paragraphs (1), (2), and (3) shall be subject to any
restriction on amounts of payments under this part that are imposed
by a continuing resolution or other Act appropriating the funds
involved.''.
(d) Applicability.--Subsection (a) of section 5209 of the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2508(a)) is amended to read
as follows:
``(a) Certain Provisions To Apply to Grants.--All provisions of
sections 5, 6, 7, 104, 105(f), 106(f), 109, and 111 of the Indian Self-
Determination and Education Assistance Act, except those provisions
relating to indirect costs and length of contract, shall apply to
grants provided under this part.
(e) Exceptions, Problems, and Disputes.--Subsection (e) of section
5209 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2508(e))
is amended--
(1) by striking ``the amount of a grant under section 5205 (and
the amount of any funds referred to in that section), and payments
to be made under section 5208 of this Act,'' and inserting ``a
grant authorized to be made pursuant to this part or any amendment
to such grant,'';
(2) by striking ``the amount of, or payment of, the
administrative grant'' and inserting ``an administrative cost
grant''; and
(3) by adding at the end the following new sentence: ``The
Equal Access to Justice Act shall apply to administrative appeals
filed after September 8, 1988, by grantees regarding a grant under
this part, including an administrative cost grant.''.
SEC. 383. ENDOWMENT FUNDS.
Section 302 of the Tribally Controlled Community College Assistance
Act of 1978 (25 U.S.C. 1832) is amended--
(1) in subsection (a), by striking ``section 333'' and
inserting in lieu thereof ``section 331''; and
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) provides for the investment and maintenance of a trust
fund, the corpus and earnings of which shall be invested in the
same manner as funds are invested under paragraph (2) of section
331(c) of the Higher Education Act of 1965, except that for
purposes of this paragraph, the term `trust fund' means a fund
established by an institution of higher education or by a
foundation that is exempt from taxation and is maintained for the
purpose of generating income for the support of the institution,
and may include real estate;''; and
(B) in paragraph (3) by striking ``same'' the first time
such term appears.
SEC. 384. GOALS 2000: EDUCATE AMERICA ACT.
(a) Section 315 of the Goals 2000: Educate America Act (20 U.S.C.
5895) is amended--
(1) by amending subsection (c) to read as follows:
``(c) Bureau of Indian Affairs Cost Analysis and Studies.--
``(1) In general.--The Secretary of the Interior shall reserve
from the funds received pursuant to section 304(a)(1)(B) in the
first and second fiscal year for which the Secretary of the
Interior receives such funds an amount not to exceed $500,000 for
each such year to provide, through a contract executed, after open
solicitation, with an organization or institution having extensive
experience in school finance, for an analysis of--
``(A) the costs associated with meeting the academic, home-
living, and residential standards of the Bureau for each Bureau
funded school and annual projections of such costs; and
``(B) the feasibility and desirability of changing the
method of financing for Bureau funded schools from the weighted
student unit formula method in effect on the date of enactment
of this Act to a school-based budget system or other
alternative system of financial support.
``(2) Cost analysis purpose.--The purpose of the cost analysis
provided for in paragraph (1)(A) shall be to provide the Bureau and
the panel described in subsection (b)(4) with baseline data
regarding the current state of operations funded by the Bureau and
to provide a framework for the implementation of opportunity-to-
learn standards or strategies. Such analysis shall evaluate the
costs of providing a program in each school operated or supported
by the Bureau for the next succeeding academic year and shall be
based on--
``(A) the standards either published in the Federal
Register and effective for schools funded by the Bureau on the
date of enactment of the Improving America's Schools Act of
1994, or the State or regional standards in effect on such date
for a Bureau funded school;
``(B) the best projections of student counts and
demographics as provided by the Bureau and as independently
reviewed by the organization or institution selected by the
Secretary to perform the analysis described in this section;
and
``(C) the pay and benefit schedules and other personnel
requirements for each school operated by the Bureau, as such
pay and benefit schedules and requirements existed on the date
of enactment of the Improving America's Schools Act of 1994.
``(3) Feasibility study purpose.--(A) The purpose of the
feasibility analysis provided for in paragraph (1)(B) shall be to
determine whether it is feasible and desirable for the Bureau to
replace or modify the weighted student unit formula system in
effect on the date of enactment of this Act.
``(B) For the purposes of the feasibility analysis described in
paragraph (1)(B), the term `school-based budget system' means a
system based upon an initial determination, at each school site, of
the number of students who shall be served at the site, the needs
of those students, the standards which will best meet those needs
(including any standards or conditions reflecting local community
input and such community's program), the personnel profile
necessary to establish such program and the cost (determined on an
actual basis) of funding such a program. Such a system shall
include procedures to aggregate the determinations for each school
site to determine the amount needed to fund all Bureau funded
schools, to prepare a budget submission based upon such aggregate,
and to provide for a mechanism for distributing such sums as may be
appropriated based upon the determination at each school site.
``(4) Results report.--The contractor selected shall be
required to report the results of analyses provided for in this
section, in aggregate and school-specific form to the chairpersons
and ranking minority members of the Committee on Education and
Labor and the Committee on Appropriations of the House of
Representatives and the Committee on Indian Affairs and the
Committee on Appropriations of the Senate, and to the Secretary of
the Interior, not later than six months after the date of enactment
of the Improving America's Schools Act of 1994. The contractor
shall also be required to provide an estimate of the costs of
meeting the academic and residential standards of the Bureau for
each Bureau funded school for each of the three succeeding forward-
funded fiscal years following the date of submission of such
report. The contractor shall provide an estimate of such costs to
such persons and members not later than January 1 of each
succeeding fiscal year.''; and
(2) by adding at the end the following new subsections:
``(e) Grants.--The Secretary of the Interior may use not more than
one percent of the funds received pursuant to section 304(a)(1)(B) in
the first and second fiscal year for which the Secretary of the
Interior receives such funds for the purpose of providing grants, if
requested by Bureau funded school boards, to enable such school boards
to carry out activities of reform planning as such activities are
described for States in section 308(b)(2)(J), including the feasibility
of becoming a contract school pursuant to the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.), or a grant school
pursuant to section 5204 of the Tribally Controlled Schools Act of
1988.
``(f) Study.--In cooperation with the panel established in
subsection (b)(4), the Secretary of the Interior shall conduct a study
to evaluate the feasibility of contracting with a private management
firm for the operation of one or more Bureau operated schools to
facilitate the achievement of the National Education Goals and the
efficient use of funds in the education of Indian children, and to
report to the persons identified in subsection (c)(4) and to the panel
described in subsection (b)(4) not later than 12 months after the date
of enactment of the Improving America's Schools Act of 1994.''.
SEC. 386. AMERICAN INDIAN AND ALASKA NATIVE CULTURE AND ARTS
DEVELOPMENT.
(a) Staff of the Institute.--Subsection (f) of section 1509 of the
Higher Education Amendments of 1986 (20 U.S.C. 4416(f)) is amended to
read as follows:
``(f) Applicability.--
``(1) This section shall apply to any individual appointed
after October 17, 1986, for employment in the Institute. Except as
provided in subsections (d) and (g), the enactment of this title
shall not affect--
``(A) the continued employment of any individual employed
before October 17, 1986; or
``(B) such individual's right to receive the compensation
attached to such position.
``(2) This section shall not apply to an individual whose
services are procured by the Institute pursuant to a written
procurement contract.
``(3) This section shall not apply to employees of an entity
performing services pursuant to a written contract with the
Institute.''.
(b) Endowment Program.--Section 1518 of the Higher Education
Amendments of 1986 (20 U.S.C. 4425) is amended--
(1) in subsection (b), by adding at the end the following new
paragraph:
``(6) For the purpose of complying with the contribution
requirement in this subsection, the Institute may use funds or in-
kind contributions of real or personal property. For the purposes
of this paragraph, all contributions, in-kind and real estate,
which are held by the Institute beginning on November 29, 1990, and
which were received after June 2, 1988, but which have not been
included in their entirety in computations under this section shall
be eligible for matching Federal funds appropriated in any year.'';
and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Funds in the trust funds described in subsections (a) and
(b) shall be invested under the same conditions and limitations as
funds are invested under section 331(c)(2) of the Higher Education
Act of 1965 and the regulations implementing such section (as such
regulations were in effect at the time the funds are invested).''.
PART I--CROSS REFERENCES AND CONFORMING AMENDMENTS
SEC. 391. CROSS REFERENCES.
(a) Refugee Education Assistance Act of 1980.--(1) Paragraph (1) of
section 101 of the Refugee Education Assistance Act of 1980 (8 U.S.C.
1522 note) is amended by striking ``section 198(a)'' and inserting
``section 14101''.
(2) Paragraph (2) of section 201(b) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking
``(other than section 303 of the Elementary and Secondary Education Act
of 1965)''.
(3) Paragraph (3) of section 301(b) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking ``,
except that no reduction under this paragraph shall be made for any
funds made available to the State under section 303 of the Elementary
and Secondary Education Act of 1965''.
(4) Paragraph (2) of section 401(b) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by striking
``(other than section 303 of the Elementary and Secondary Education Act
of 1965)''.
(b) Title 10.--(1) Subparagraph (A) of section 1151(b)(2) of title
10, United States Code, is amended by striking ``chapter 1 of''.
(2) Subparagraph (A) of section 1151(b)(3) of title 10, United
States Code, is amended by striking ``chapter 1 of''.
(3) Subparagraph (A) of section 1598(a)(2) of title 10, United
States Code, is amended by striking ``chapter 1 of''.
(4) Section 2194 of title 10, United States Code, is amended--
(A) in subsection (a), by striking ``education agencies'' and
inserting ``educational agency''; and
(B) in subsection (e)--
(i) by striking ``education agency'' and inserting
``educational agency'';
(ii) by striking ``section 1471(12)'' and inserting
``section 14101''; and
(iii) by striking ``(20 U.S.C. 1058(b)''.
(5) Subparagraph (A) of section 2410j(a)(2) of title 10, United
States Code, is amended by striking ``chapter 1 of''.
(c) Toxic Substances Control Act.--(1) Subparagraph (A) of section
202(7) of the Toxic Substances Control Act (15 U.S.C. 2642(7)(A)) is
amended--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 3381)''.
(2) Paragraph (9) of section 202 of the Toxic Substances Control
Act (15 U.S.C. 2642(9)) is amended--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 2854)''.
(3) Paragraph (12) of section 202 of the Toxic Substances Control
Act (15 U.S.C. 2642(12)) is amended--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 2854)''.
(4) Section 302(1) of the Toxic Substances Control Act (15 U.S.C.
2662(1)(A)) is amended--
(A) in subparagraph (A)--
(i) by striking ``section 198'' and inserting ``section
14101''; and
(ii) by striking ``(20 U.S.C. 3381)''; and
(B) in subparagraph (C), by inserting ``or successor
authority'' after ``1107)''.
(d) National Defense Authorization Act for Fiscal Year 1993.--
Paragraph (1) of section 386(h) of the National Defense Authorization
Act for Fiscal Year 1993 (20 U.S.C. 238 note) is amended--
(1) by striking ``section 1471(12)'' and inserting ``section
14101''; and
(2) by striking ``(20 U.S.C. 2891(12))''.
(e) Higher Education Act of 1965.--(1) Clause (ii) of section
418A(b)(1)(B) of the Higher Education Act of 1965 (20 U.S.C. 1070d-
2(b)(1)(B)(ii)) is amended by striking ``subpart 1 of part D of chapter
1'' and inserting ``part C''.
(2) Subparagraph (A) of section 418A(c)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1070d-2(c)(1)(A)) is amended--
(A) by striking ``subpart 1 of part D of chapter 1'' and
inserting ``part C''; and
(B) by inserting ``(or such part's predecessor authority)''
after ``1965''.
(3) Subparagraph (A) of section 465(a)(2) of the Higher Education
Act of 1965 (20 U.S.C. 1087ee(a)(2)(A)) is amended by striking
``chapter 1 of the Education Consolidation and Improvement Act of
1981'' and inserting ``title I of the Elementary and Secondary
Education Act of 1965''.
(4) Subsection (a) of section 469 of the Higher Education Act of
1965 (20 U.S.C. 1087ii(a)) is amended by striking ``chapter 1 of''.
(5) Subsection (b) of section 572 of the Higher Education Act of
1965 (20 U.S.C. 1111a(b)) is amended by striking ``of chapter 1''.
(6) Paragraph (1) of section 581(b) of the Higher Education Act of
1965 (20 U.S.C. 1113(b)(1)) is amended by striking ``part A or subpart
1 of part D of chapter 1'' and inserting ``part A or C''.
(7) Paragraph (3) of section 581(c) of the Higher Education Act of
1965 (20 U.S.C. 1113(c)(3)) is amended by striking ``chapter 1 of''.
(8) Subparagraph (C) of section 586(d)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1114(d)(1)(C)) is amended by striking ``chapter
1 of''.
(9) Subparagraph (D) of section 586(d)(1) of the Higher Education
Act of 1965 (20 U.S.C. 1114(d)(1)(D)) is amended by striking ``chapter
1 of''.
(10) Subclause (I) of section 1144(b)(1)(B)(iv) of the Higher
Education Act of 1965 (20 U.S.C. 1138c(b)(1)(B)(iv)(I)) is amended by
striking ``chapter 1 of''.
(f) Individuals With Disabilities Education Act.--(1) Clause (ii)
of section 602(a)(21)(A) of the Individuals with Disabilities Education
Act (20 U.S.C. 1401(a)(21)(A)(ii)) is amended by striking ``chapter 1
of''.
(2) Paragraph (2) of section 613(a) of the Individuals with
Disabilities Education Act (20 U.S.C. 1413(a)(2)) is amended by
striking ``, including subpart 2 of part D of chapter 1 of title I of
the Elementary and Secondary Education Act of 1965,''.
(3) Subparagraph (B) of section 622(c)(2) of the Individuals with
Disabilities Education Act (20 U.S.C. 1422(c)(2)) is amended by
striking ``and subpart 2 of part D of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965''.
(g) Education Amendments of 1972.--Subparagraph (B) of section
908(2) of the Education Amendments of 1972 (20 U.S.C. 1687(2)(B)) is
amended by striking ``section 198(a)(10)'' and inserting ``section
14101''.
(h) Department of Education Organization Act.--Section 204 of the
Department of Education Organization Act (20 U.S.C. 3414) is amended by
striking ``subpart 1 of part B'' and inserting ``part C''.
(i) Education and Training for a Competitive America Act of 1988.--
The Education and Training for a Competitive America Act of 1988 (20
U.S.C. 5001 et seq.) is repealed.
(j) Educational Partnerships Act of 1988.--The Educational
Partnerships Act of 1988 (20 U.S.C. 5031 et seq.) is repealed.
(k) Secondary Schools Basic Skills Demonstration Assistance Act of
1988.--The Secondary Schools Basic Skills Demonstration Assistance Act
of 1988 (20 U.S.C. 5061 et seq.) is repealed.
(l) Excellence in Mathematics, Science and Engineering Education
Act of 1990.--The Excellence in Mathematics, Science and Engineering
Education Act of 1990 (20 U.S.C. 5311 et seq.) is repealed.
(m) National Environmental Education Act.--Paragraph (5) of section
3 of the National Environmental Education Act (20 U.S.C. 5502(5)) is
amended--
(1) by striking ``local education'' and inserting ``local
educational''; and
(2) by striking ``section 198'' and inserting ``section
14101''.
(n) Job Training Partnership Act.--(1) Paragraph (23) of section 4
of the Job Training Partnership Act (29 U.S.C. 1503(23)) is amended by
striking ``section 1471(23)'' and inserting ``section 14101''.
(2) Subparagraph (B) of section 263(a)(2) of the Job Training
Partnership Act (29 U.S.C. 1643(a)(2)(B)) is amended by striking
``chapter 1 of''.
(3) Subparagraph (B) of section 263(g)(1) of the Job Training
Partnership Act (29 U.S.C. 1643(g)(1)(B)) is amended by striking
``chapter 1 of''.
(4) Paragraph (2) of section 265(b) of the Job Training Partnership
Act (29 U.S.C. 1645(b)(2)) is amended by striking ``parts A through D
of chapter 1'' and inserting ``parts A through C''.
(o) National Defense Authorization Act for Fiscal Year 1993.--
Paragraph (3) of section 1091(l) of the National Defense Authorization
Act for Fiscal Year 1993 (32 U.S.C. 501 note) is amended by inserting
``(as such section was in effect on the day preceding the date of
enactment of this Act)'' after ``1965''.
(p) Safe Drinking Water Act.--Section 1461 of the Safe Drinking
Water Act (42 U.S.C. 300j-21(6)) is amended--
(1) in subparagraph (A) of paragraph (3)--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 3381)''; and
(2) in paragraph (6)--
(A) by striking ``section 198'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 2854)''.
(q) Civil Rights Act of 1964.--Subparagraph (B) of section 606(2)
of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a(2)(B)) is amended
by striking ``section 198(a)(10)'' and inserting ``section 14101''.
(r) Older Americans Act of 1965.--(1) Section 338A of the Older
Americans Act of 1965 (42 U.S.C. 3030g-12(a)(1)) is Pamended--
(A) in paragraph (1) of subsection (a)--
(i) by striking ``section 1471'' and inserting ``section
14101''; and
(ii) by striking ``(20 U.S.C. 2891)''; and
(B) in paragraph (3) of subsection (b)--
(i) by striking ``projects under section 1015'' and
inserting ``programs under section 1114''; and
(ii) by striking (20 U.S.C. 2025)''.
(2) Subparagraph (B) of section 363(5) of the Older Americans Act
of 1965 (42 U.S.C. 3030o(5)(B)) is amended--
(A) by striking ``section 1471'' and inserting ``section
14101''; and
(B) by striking ``(20 U.S.C. 2891)''.
(s) Carl D. Perkins Vocational and Applied Technology Education
Act.--(1) Subsection (d) of section 111 of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2321(d)) is
amended by striking ``chapter 1 of''.
(2) Paragraph (14) of section 113(b) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2323(b)(14))
is amended by striking ``chapter 1 of''.
(3) Subsection (a) of section 115 of the Carl D. Perkins Vocational
and Applied Technology Education Act (20 U.S.C. 2325(a)) is amended--
(A) by striking ``chapter 1 of''; and
(B) by inserting ``of 1965'' after ``Secondary Education Act''.
(4) Paragraph (1) of section 231(a) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2341(a)(1))
is amended by striking ``section 1005'' and inserting ``section 1124 or
such section's predecessor authority''.
(5) Clause (iv) of section 231(d)(3)(A) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.
2341(d)(3)(A)(iv)) is amended by striking ``chapter 1 of''.
(6) Paragraph (3) of section 420(a) of the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C. 2420(a)(3))
is amended by striking ``section 1562'' and inserting ``part B of title
XIII''.
(7) Paragraph (20) of section 521 of the Carl D. Perkins Vocational
and Applied Technology Education Act (20 U.S.C. 2471(20)) is amended by
striking ``section 1471(5)'' and inserting ``section 14101''.
(8) Paragraph (21) of section 521 of the Carl D. Perkins Vocational
and Applied Technology Education Act (20 U.S.C. 2471(21)) is amended by
striking ``section 703(a)(1)'' and inserting ``section 7004(a)''.
(t) Juvenile Justice and Delinquency Prevention Act of 1974.--
Paragraph (2) of section 288E(a) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5667e-5(a)(2)) is amended
by striking ``chapter 1 of''.
(u) Age Discrimination Act of 1975.--Clause (ii) of section
309(4)(B) of the Age Discrimination Act of 1975 (42 U.S.C.
6107(4)(B)(ii)) is amended by striking ``section 198(a)(10),'' and
inserting ``section 14101''.
(v) Head Start Transitional Project Act.--(1) Paragraph (4) of
section 132 of the Head Start Transition Project Act (42 U.S.C.
9855(4)) is amended by striking ``section 1471(12)'' and inserting
``section 14101''.
(2) Subsection (a) of section 134 of the Head Start Transition
Project Act (42 U.S.C. 9855b(a)) is amended by striking ``of chapter
1''.
(3) Subsection (b) of section 134 of the Head Start Transition
Project Act (42 U.S.C. 9855b(b)) is amended by striking ``of chapter
1''.
(4) Subsection (d) of section 135 of the Head Start Transition
Project Act (42 U.S.C. 9855c(d)) is amended by striking ``schoolwide
project under section 1015(a)'' and inserting ``schoolwide program
under section 1114''.
(5) Subparagraph (C) of section 136(a)(4) of the Head Start
Transition Project Act (42 U.S.C. 9855d(a)(4)(C)) is amended--
(A) by striking ``the Follow Through Act, chapter 1 of''; and
(B) by striking ``, part B of chapter 1 of title I of the
Elementary and Secondary Education Act of 1965 (Even Start)''.
(6) Paragraph (8) of section 136(a) of the Head Start Transition
Project Act (42 U.S.C. 9855d(a)(8)) is amended by striking ``part B of
chapter 1'' and inserting ``part B''.
(7) Paragraph (10) of section 136(a) of the Head Start Transition
Project Act (42 U.S.C. 9855d(a)(10)) is amended by striking ``part B of
chapter 1'' and inserting ``part B''.
(w) Follow Through Act.--The Follow Through Act (42 U.S.C. 9861 et
seq.) is repealed.
(x) Comprehensive Child Development Act.--Paragraph (5) of section
670S of the Comprehensive Child Development Act (42 U.S.C. 9886(5)) is
amended by striking ``section 1471(12)'' and inserting ``section
14101''.
(y) National and Community Service Act of 1990.--Subparagraph (B)
of section 112(b)(2) of the National and Community Service Act of 1990
(42 U.S.C. 12524(b)(2)(B)) is amended by striking ``chapter 1 of''.
(z) Training Technology Transfer Act of 1988.--Paragraph (1) of
section 6144 of the Training Technology Transfer Act of 1988 (20 U.S.C.
5124(1)) is amended by striking ``section 405(d)(4)(A)(i) of the
General Education Provisions Act (20 U.S.C. 1221e(d)(4)(A)(i))'' and
inserting ``section 941(h) of the Educational Research, Development,
Dissemination, and Improvement Act of 1994''.
SEC. 392. ADDITIONAL REPEALS AND TECHNICAL AND CONFORMING AMENDMENTS
REGARDING IMPACT AID.
(a) Additional Repeals.--
(1) Omnibus budget reconciliation act of 1981.--Subsection (c)
of section 505 of the Omnibus Budget Reconciliation Act of 1981 is
repealed.
(2) Education amendments of 1984.--Section 302 of the Education
Amendments of 1984 is repealed.
(3) Department of education appropriations act, 1991.--Section
306 of the Department of Education Appropriations Act, 1991, is
repealed.
(4) National assessment of chapter 1 act.--Paragraph (2) of
section 3(a) of the 1992 National Assessment of Chapter 1 Act is
repealed.
(5) Public law 92-277.--Section 2 of Public Law 92-277 (86
Stat. 124) is repealed.
(b) Technical and Conforming Amendments.--
(1) Elementary and secondary education amendments of 1966.--
Section 182 of the Elementary and Secondary Education Amendments of
1966 is amended by striking ``by the Act of September 23, 1950
(Public Law 815, 81st Congress),''.
(2) Toxic substances control act.--Subparagraph (C) of section
302(1) of the Toxic Substances Control Act (15 U.S.C. 2662(1)(C))
is amended by inserting ``as in effect before enactment of the
Improving America's Schools Act of 1994'' after ``section 6 of the
Act of September 30, 1950 (64 Stat. 1107),''.
SEC. 393. INDIAN EDUCATION.
(a) Adult Education Act.--Paragraph (4) of section 322(a) of the
Adult Education Act (20 U.S.C. 1203a(a)) is amended by striking ``the
Indian Education Act'' and inserting ``title IX of the Elementary and
Secondary Education Act of 1965''.
(b) Education Amendments of 1978.--Paragraph (3) of section 1128(c)
of the Education Amendments of 1978 (25 U.S.C. 2008(c)(3)) is amended--
(1) in clause (i) of subparagraph (A), by striking ``(as
determined pursuant to section 5324 of the Indian Education Act of
1988)''; and
(2) in subparagraph (B)--
(A) by striking ``the later of the following'' and all that
follows through ``(ii)''; and
(B) by inserting ``, and for each fiscal year thereafter''
before the period at the end thereof.
(c) Indian Education Assistance Act.--Section 209 of the Indian
Education Assistance Act (25 U.S.C. 458e) is amended by striking
``title IV of the Act of June 23, 1972 (86 Stat. 235)'' and inserting
``title IX of the Elementary and Secondary Education Act of 1965''.
(d) Johnson-O'Malley Act.--Subsection (a) of section 5 of the Act
of April 16, 1934, commonly known as the ``Johnson-O'Malley Act'' (25
U.S.C. 456(a)) is amended by striking ``section 305(b)(2)(B)(ii) of the
Act of June 23, 1972 (86 Stat. 235)'' and inserting ``section
9104(c)(4) of the Elementary and Secondary Education Act of 1965''.
SEC. 394. OTHER TECHNICAL AND CONFORMING AMENDMENTS.
(a) Adult Education Act.--Paragraph (7) of section 342(c) of the
Adult Education Act (20 U.S.C. 1206a(c)) is amended by striking
``section 7004(a) of title VII'' and inserting ``section 7004(a)''.
(b) Anti-Drug Abuse Act of 1988.--Subparagraph (A) of section
3521(d)(8) of the Anti-Drug Abuse Act of 1988 (42 U.S.C.
11841(d)(8)(A)) is amended by striking ``the Drug-Free Schools and
Communities Act of 1986'' and inserting ``title IV of the Elementary
and Secondary Education Act of 1965''.
(c) Asbestos School Hazard Abatement Act.--Section 511 of the
Asbestos School Hazard Abatement Act of 1984 (20 U.S.C. 4020) is
amended--
(1) in subparagraph (A) of paragraph (4), by striking ``section
198(a)(10)'' and inserting ``section 14101''; and
(2) in subparagraph (A) of paragraph (5), by striking ``section
198(a)(7)'' and inserting ``section 14101''.
(d) Cranston-Gonzalez National Affordable Housing Act.--Paragraph
(10) of section 457 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12899f(10)) is amended by striking ``section
7003 of the Bilingual Education Act'' and inserting ``section 7004(a)
of the Elementary and Secondary Education Act of 1965''.
(e) Family and Medical Leave Act of 1993.--Subparagraph (A) of
section 108(a)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2618(a)(1)(A)) is amended by striking ``section 1471(12)'' and
inserting ``section 14101''.
(f) Goals 2000: Educate America Act.--The Goals 2000: Educate
America Act is amended--
(1) in section 3--
(A) in subsection (a)--
(i) in paragraph (6), by striking ``section 1471'' and
inserting ``section 14101''; and
(ii) in paragraph (10), by striking ``section 602'' and
inserting ``section 602(a)(17)''; and
(B) in paragraph (1) of subsection (b), by striking
``section 1471'' and inserting ``section 14101'';
(2) in paragraph (7) of section 231, by striking ``chapter 1
of'';
(3) in subsection (b) of section 232--
(A) in subparagraph (A) of paragraph (2), by striking
``Star Schools Program Assistance Act'' and inserting ``Star
Schools program authorized by part B of title III of the
Elementary and Secondary Education Act of 1965''; and
(B) in subparagraph (F) of paragraph (3), by striking ``the
evaluation undertaken pursuant to section 908 of the Star
Schools Program Assistance Act'' and inserting ``any evaluation
of the Star School program undertaken by the Secretary'';
(4) in subsection (b) of section 310, by striking ``section
1017'' and inserting ``sections 1020 and 14503''; and
(5) in subsection (b) of section 311, by amending paragraphs
(1) through (6) to read as follows:
``(1) Title I of the Elementary and Secondary Education Act of
1965.
``(2) Part A of title II of the Elementary and Secondary
Education Act of 1965.
``(3) Part A of title V of the Elementary and Secondary
Education Act of 1965.
``(4) Title VIII of the Elementary and Secondary Education Act
of 1965.
``(5) Part B of title IX of the Elementary and Secondary
Education Act of 1965.
``(6) The Carl D. Perkins Vocational and Applied Technology
Education Act.''.
(g) Immigration and Nationality Act.--Subparagraph (D) of section
245A(h)(4) of the Immigration and Nationality Act (8 U.S.C.
1255a(h)(4)(D)) is amended to read as follows:
``(D) Title I of the Elementary and Secondary Education Act
of 1965.''.
(h) National and Community Service Act of 1990.--The National and
Community Service Act of 1990 is amended--
(1) in section 101--
(A) in paragraph (8), by striking ``section 1471(8) of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(8))'' and inserting ``section 14101 of the Elementary and
Secondary Education Act of 1965'';
(B) in paragraph (14), by striking ``section 1471(12) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(12))'' and inserting ``section 14101 of the Elementary and
Secondary Education Act of 1965;
(C) in paragraph (22), by striking ``section 1471(21) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(21))'' and inserting ``section 14101 of the Elementary and
Secondary Education Act of 1965''; and
(D) in paragraph (28), by striking ``section 1471(23) of
the Elementary and Secondary Education Act of 1965 (20 U.S.C.
2891(23))'' and inserting ``section 14101 of the Elementary and
Secondary Education Act of 1965'';
(2) in subparagraph (B) of section 112(b)(2), by inserting ``or
its successor authority'' after ``(20 U.S.C. 2711 et seq.)''; and
(3) in subsection (b) of section 115A, by inserting ``, as in
effect on the day preceding the date of enactment of the Improving
America's Schools Act of 1994'' after ``(20 U.S.C. 2727(b))''.
(i) Rehabilitation Act of 1973.--The Rehabilitation Act of 1973 is
amended--
(1) in section 202(b)(4)(A)(i), by striking ``paragraphs (8)
and (21), respectively, of section 1471 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2891 (8) and (21))'' and
inserting ``section 14101 of the Elementary and Secondary Education
Act of 1965''; and
(2) in subparagraph (B) of section 504(b)(2), by striking
``section 1471(12)'' and inserting ``section 14101''.
(j) School-To-Work Opportunities Act of 1994.--The School-to-Work
Opportunities Act of 1994 is amended--
(1) in paragraph (15) of section 4, by striking ``section
602(17)'' and inserting ``section 602(a)(17)''; and
(2) in subsection (b) of section 502, by amending paragraphs
(1) through (6) to read as follows:
``(1) title I of the Elementary and Secondary Education Act of
1965;
``(2) part A of title II of the Elementary and Secondary
Education Act of 1965;
``(3) part A of title V of the Elementary and Secondary
Education Act of 1965;
``(4) part B of title IX of the Elementary and Secondary
Education Act of 1965;
``(5) title XIII of the Elementary and Secondary Education Act
of 1965; and
``(6) the Carl D. Perkins Vocational and Applied Technology
Education Act.''.
(k) Social Security Act.--Paragraph (7) of section 402(g) of the
Social Security Act (42 U.S.C. 602(g)(7)) is amended by striking
``chapter 1 of the Education Consolidation and Improvement Act of
1981'' and inserting ``title I of the Elementary and Secondary
Education Act of 1965''.
(l) State Dependent Care Development Grants Act.--Section 670G of
the State Dependent Care Development Grants Act (42 U.S.C. 9877) is
amended--
(1) in paragraph (6), by striking ``section 198(a)(10)'' and
inserting ``section 14101 of the Elementary and Secondary Education
Act of 1965''; and
(2) in paragraph (11), by striking ``section 198(a)(17)'' and
inserting ``section 14101''.
(m) Tribally Controlled Schools Act of 1988.--The Tribally
Controlled Schools Act of 1988 is amended--
(1) in subparagraph (C) of section 5204(a)(3), by striking
``chapter 1 of''; and
(2) in section 5205--
(A) in subparagraph (A) of subsection (a)(3), by striking
``chapter 1 of''; and
(B) in subsection (b)--
(i) in subparagraph (A) of paragraph (2), by striking
``chapter 1 of''; and
(ii) in clause (i) of paragraph (3)(A), by striking
``chapter 1 of''.
TITLE IV--NATIONAL EDUCATION STATISTICS
SEC. 401. SHORT TITLE.
This title may be cited as the ``National Education Statistics Act
of 1994''.
SEC. 402. FINDINGS; PURPOSE; DEFINITIONS.
(a) Findings.--The Congress finds that--
(1) a Department of Education was established in 1867 ``for the
purpose of collecting such statistics and facts as shall show the
condition and progress of education in the several States and
territories, and of diffusing such information respecting the
organization and management of schools and school systems and
methods of teaching as shall aid the people of the United States in
the establishment and maintenance of efficient school systems, and
otherwise promote the cause of education throughout the United
States'';
(2) today, while the role of the current Department of
Education is much broader, the National Center for Education
Statistics within the Office of Educational Research and
Improvement continues to perform those crucial original purposes;
and
(3) looking to the 21st century, the National Center for
Education Statistics must be able to design and undertake,
effectively and efficiently, statistical activities that will aid
in the reform of the Nation's educational systems.
(b) Purpose.--It is the purpose of this title to ensure the
continuation of an effective mechanism for collecting and reporting
statistics and information showing the condition and progress of
education in the United States and other nations in order to promote
and accelerate the improvement of American education.
(c) Definitions.--For the purpose of this title and unless
otherwise specified--
(1) the term ``Assistant Secretary'' means the Assistant
Secretary for Educational Research and Improvement established
under section 202(b)(1)(E) of the Department of Education
Organization Act;
(2) the term ``Department'' means the Department of Education;
(3) the term ``institution of higher education'' has the same
meaning given such term in section 1201(a) of the Higher Education
Act of 1965;
(4) the term ``local educational agency'' has the same meaning
given such term in section 14101 of the Elementary and Secondary
Education Act of 1965;
(5) the term ``Secretary'' means the Secretary of Education;
(6) the term ``State educational agency'' has the same meaning
given such term in section 14101 of the Elementary and Secondary
Education Act of 1965; and
(7) the terms ``State'' and ``United States''--
(A) other than for the purpose of section 411, mean each of
the 50 States, the District of Columbia, and the Commonwealth
of Puerto Rico; and
(B) for the purpose of section 411, have the same meaning
given such terms in subparagraph (A), except that such terms
include Guam, American Samoa, the Virgin Islands, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, and
Palau.
SEC. 403. NATIONAL CENTER FOR EDUCATION STATISTICS.
(a) Establishment.--There is established, within the Office of
Educational Research and Improvement established under section 208 of
the Department of Education Organization Act, a National Center for
Education Statistics (hereafter in this title referred to as the
``Center'').
(b) Commissioner and Associate Commissioners.--
(1) Commissioner.--The Center shall be headed by a Commissioner
of Education Statistics (hereafter in this title referred to as the
``Commissioner'') who shall be appointed by the President, by and
with the advice and consent of the Senate, and who shall--
(A) have substantial knowledge of programs assisted by the
Center;
(B) be paid in accordance with section 5315 of title 5,
United States Code; and
(C) serve for a term of four years, with the terms to
expire every fourth June 21, beginning in 1995.
(2) Associate commissioners.--The Commissioner may appoint such
Associate Commissioners as the Commissioner determines are
necessary and appropriate.
SEC. 404. DUTIES OF THE CENTER.
(a) Duties.--The duties of the Center are to collect, analyze, and
disseminate statistics and other information related to education in
the United States and in other nations, including--
(1) collecting, acquiring, compiling (where appropriate, on a
State by State basis), and disseminating full and complete
statistics on the condition and progress of education, at the
preschool, elementary, secondary, and postsecondary levels in the
United States, including data on--
(A) State and local education reform activities;
(B) student achievement at all levels of education;
(C) secondary school completions, dropouts, and adult
literacy;
(D) educational access to and opportunity for postsecondary
education, including data on financial aid to postsecondary
students;
(E) teaching, including data on course-taking, instruction,
the conditions of the education workplace, and the supply of,
and demand for, teachers, which may include data on the
proportions of women and men, cross-tabulated by race or
ethnicity, teaching in subjects in which such individuals have
been historically underrepresented;
(F) the learning and teaching environment, including data
on libraries;
(G) the incidence, frequency, seriousness, and nature of
violence affecting students, school personnel, and other
individuals participating in school activities, as well as
other indices of school safety;
(H) the financing and management of education, including
data on revenues and expenditures; and
(I) the social and economic status of children;
(2) conducting and publishing reports and analyses of the
meaning and significance of such statistics;
(3) conducting longitudinal studies, as well as regular and
special surveys and data collections, necessary to report on the
condition and progress of education;
(4) collecting, analyzing, cross-tabulating, and reporting, to
the extent feasible, so as to provide information by gender, race,
socioeconomic status, limited-English proficiency, and other
population characteristics when such disaggregated information
would facilitate educational and policy Pdecisionmaking;
(5) assisting public and private educational agencies,
organizations, and institutions in improving and automating
statistical and data collection activities; and
(6) acquiring and disseminating data on educational activities
and student achievement in the United States compared with foreign
nations.
(b) Training Program.--The Commissioner may establish a program to
train employees of public and private educational agencies,
organizations, and institutions in the use of the Center's standard
statistical procedures and concepts and may establish a fellows program
to appoint such employees as temporary fellows at the Center in order
to assist the Center in carrying out its duties.
SEC. 405. PERFORMANCE OF DUTIES.
(a) Grants, Contracts, and Cooperative Agreements.--
(1) In general.--In carrying out the Commissioner's duties
under this title, the Commissioner may award grants, and enter into
contracts and cooperative agreements.
(2) Duration.--Notwithstanding any other provision of law, the
grants, contracts, and cooperative agreements under this section
may be awarded, on a competitive basis, for a period of not more
than five years, and may be renewed at the discretion of the
Commissioner for an additional period of not more than five years.
(b) Gathering Information.--
(1) Sampling.--The Commissioner may use the statistical method
known as sampling to carry out the purpose of this title.
(2) Source of information.--The Commissioner may, as the
Commissioner considers appropriate, use information collected--
(A) from States, local educational agencies, public and
private schools, preschools, institutions of higher education,
libraries, administrators, teachers, students, the general
public, and such other individuals, organizations, agencies,
and institutions as the Commissioner may consider appropriate;
and
(B) by other offices within the Department Pand by other
Federal departments, agencies, and Pinstrumentalities.
(3) Collection.--The Commissioner may--
(A) enter into interagency agreements for the collection of
statistics;
(B) arrange with any agency, organization, or institution
for the collection of statistics; and
(C) assign employees of the Center to any such agency,
organization, or institution to assist in such collection.
(4) Technical assistance and coordination.--In order to
maximize the effectiveness of Federal efforts to serve the
educational needs of children and youth, the Commissioner shall--
(A) provide technical assistance to Department offices that
gather data for statistical purposes; and
(B) coordinate closely with other Department offices in the
collection of data.
SEC. 406. REPORTS.
(a) Report on the Condition and Progress of Education.--The
Commissioner shall, not later than June 1, 1995, and each succeeding
June 1 thereafter, submit to the President and the Congress a
statistical report on the condition and progress of education in the
United States.
(b) Statistical Reports.--The Commissioner shall issue regular
statistical reports to the President and Congress on such education
topics as the Commissioner determines to be appropriate.
(c) Special Reports.--The Commissioner may, whenever the
Commissioner considers it appropriate, issue special reports on
particular education topics.
SEC. 407. ADVISORY COUNCIL ON EDUCATION STATISTICS.
(a) Establishment.--There is established, within the Center, the
Advisory Council on Education Statistics (hereafter in this title
referred to as the ``Council'').
(b) Membership.--
(1) Composition.--The Council shall be composed of--
(A) 18 voting members who are users of education data and
who are appointed by the Secretary on the basis of their
experience and eminence within the field of education, of whom
at least--
(i) three shall be practicing educators;
(ii) three shall be education policymakers;
(iii) three shall be professional statisticians;
(iv) three shall be education researchers; and
(v) three shall be experts in educational Pmeasurement;
(B) three individuals representing the general public,
appointed by the Secretary;
(C) the Director of the Census and the Commissioner of
Labor Statistics, as voting, ex officio members; and
(D) the Assistant Secretary and the Commissioner, as
nonvoting, ex officio members.
(2) Presiding officer.--The Commissioner shall appoint the
presiding officer of the Council from among the voting members of
the Council.
(3) Terms.--Members of the Council appointed under paragraph
(1)(A) shall be appointed for three-year terms except that, in the
case of initial appointments, the Secretary shall make appointments
for shorter terms to the extent necessary to avoid the expiration
of the terms of more than six members in the same calendar year.
(4) Meetings.--(A) The Council shall meet in public session at
the call of the presiding officer, except that the Council shall
meet--
(i) at least two times during each calendar year; and
(ii) in addition, whenever ten voting members request in
writing that the presiding officer call a meeting.
(B) Eleven voting members of the Council shall constitute a
quorum.
(5) Special rule.--The Council shall--
(A) review general policies for the operation of the Center
and shall advise the Commissioner on standards to ensure that
statistics and other information disseminated by the Center are
of high quality and are not subject to partisan political
influence; and
(B) advise the Commissioner and the National Assessment
Governing Board on technical and statistical matters related to
the National Assessment of Educational Progress.
(6) Staff.--The Council shall appoint a staff of not more than
six individuals with technical expertise to enable the Council to
carry out its duties.
SEC. 408. CONFIDENTIALITY.
(a) Confidentiality Standards.--
(1) In general.--(A) The Center shall develop and enforce
standards designed to protect the confidentiality of persons in the
collection, reporting, and publication of data under this title.
(B) This section shall not be construed to protect the
confidentiality of information about institutions, organizations,
and agencies that receive grants from, or have contracts or
cooperative agreements with, the Federal Government.
(2) Prohibition.--No person may--
(A) use any individually identifiable information furnished
under this title for any purpose other than a statistical
purpose;
(B) make any publication whereby the data furnished by any
particular person under this title can be identified; or
(C) permit anyone other than the individuals authorized by
the Commissioner to examine the individual reports.
(b) Administration.--
(1) In general.--No department, bureau, agency, officer, or
employee of the Federal Government, except the Commissioner in
carrying out the purposes of this title, shall require, for any
reason, copies of reports that have been filed under this title
with the Center or retained by any individual respondent. Copies of
such reports that have been so filed or retained with the Center or
any of the Center's employees, contractors, or agents shall be
immune from legal process, and shall not, without the consent of
the individual concerned, be admitted as evidence or used for any
purpose in any action, suit, or other judicial or administrative
proceeding. This paragraph shall apply only to individually
identifiable information (as defined in paragraph (5)(A)).
(2) Employee or staff violations.--Whoever, being or having
been an employee or staff member of the Department, having taken or
subscribed the oath of office, or having sworn to observe the
limitations imposed by subsection (a)(2), knowingly publishes or
communicates any individually identifiable information (as defined
in paragraph (5)(A)), the disclosure of which is prohibited by
subsection (a)(2), and that comes into such employee or staff's
possession by reason of employment (or otherwise providing
services) under this title, shall be found guilty of a class E
felony and imprisoned for not more than five years, or fined as
specified in section 3571 of title 18, United States Code, or both.
(3) Temporary staff.--The Commissioner may utilize temporary
staff, including employees of Federal, State, or local agencies or
instrumentalities (including local educational agencies), and
employees of private organizations to assist the Center in
performing the Center's responsibilities, but only if such
temporary staff are sworn to observe the limitations imposed by
this section.
(4) Information requirements.--No collection of information or
data acquisition activity undertaken by the Center shall be subject
to any review, coordination, or approval procedure except as
required by the Director of the Office of Management and Budget
under the rules and regulations established pursuant to chapter 35
of title 44, United States Code, except such collection of
information or data acquisition activity may be subject to review
or coordination if the Commissioner determines that such review or
coordination is beneficial.
(5) Definitions.--For the purposes of this section--
(A) the term ``individually identifiable information''
means any record, response form, completed survey, or
aggregation thereof from which information about particular
individuals may be revealed; and
(B) the term ``report'' means a response provided by or
about an individual to an inquiry from the Center and does not
include a statistical aggregation from which individually
identifiable information cannot be revealed.
(6) Violations.--Any person who uses any data provided by the
Center, in conjunction with any other information or technique, to
identify any individual student, teacher, administrator, or other
individual and who knowingly discloses, publishes, or uses such
data for a purpose other than a statistical purpose, or who
otherwise violates subparagraph (A) or (B) of subsection (a)(2),
shall be found guilty of a class E felony and imprisoned for not
more than five years, or fined as specified in section 3571 of
title 18, United States Code, or both.
(7) Access to reports or records.--Nothing in this section
shall restrict the right of the Secretary, the Comptroller General
of the United States, the Director of the Congressional Budget
Office, and the Librarian of Congress, to gain access to any
reports or other records, including information identifying
individuals, in the Center's possession, except that the same
restrictions on disclosure that apply under paragraphs (1) and (6)
shall apply to such individuals.
SEC. 409. DISSEMINATION.
(a) General Requests.--
(1) In general.--The Center may furnish transcripts or copies
of tables and other statistical records and make special
statistical compilations and surveys for State and local officials,
public and private organizations, and individuals.
(2) Compilations.--The Center shall provide State and local
educational agencies opportunities to suggest the development of
particular compilations of statistics, surveys, and analyses that
would assist those educational agencies.
(b) Congressional Requests.--The Center shall furnish such special
statistical compilations and surveys as the Congress may request.
(c) Joint Statistical Projects.--The Secretary may engage in joint
statistical projects related to the purposes of this title, or other
statistical purposes authorized by law, with nonprofit organizations or
agencies, and the cost of such projects shall be shared equitably as
determined by the Secretary.
(d) Fees.--
(1) In general.--Statistical compilations and surveys under
this section, other than those carried out pursuant to subsections
(b) and (c), may be made subject to the payment of the actual or
estimated cost of such work.
(2) Funds received.--All funds received in payment for work or
services described in this subsection may be used to pay directly
the costs of such work or services, to repay appropriations that
initially bore all or part of such costs, or to refund excess sums
when necessary.
(e) Access.--
(1) Other agencies.--The Center shall, consistent with section
408, cooperate with other Federal agencies having a need for
educational data in providing access to educational data received
by the Center.
(2) Interested parties.--The Center shall, in accordance with
such terms and conditions as the Secretary may prescribe, provide
all interested parties, including public and private agencies and
individuals, direct access to data collected by the Center for the
purposes of research and acquiring statistical information.
SEC. 410. COOPERATIVE EDUCATION STATISTICS SYSTEMS.
(a) In General.--The Commissioner may establish one or more
national cooperative education statistics systems for the purpose of
producing and maintaining, with the cooperation of the States,
comparable and uniform information and data on elementary and secondary
education, postsecondary education, and libraries, that are useful for
policymaking at the Federal, State, and local levels. In carrying out
this section, the Commissioner may provide technical assistance, and
make grants and enter into contracts and cooperative agreements.
(b) Model Data System.--The Commissioner, working through the
cooperative education statistics system, shall study, design, and pilot
a model data system that will yield information about spending for
administration at the school and local education agency levels.
SEC. 411. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.
(a) Establishment.--The Commissioner shall, with the advice of the
National Assessment Governing Board established under section 412, and
with the technical assistance of the Advisory Council established under
section 407, carry out, through grants, contracts, or cooperative
agreements with one or more qualified organizations, or consortia
thereof, a National Assessment of Educational Progress (hereafter in
this title referred to as the ``National Assessment'').
(b) Purpose; State Assessments.--
(1) Purpose.--The purpose of the National Assessment is to
provide a fair and accurate presentation of educational achievement
in reading, writing, and the other subjects included in the third
National Education Goal, regarding student achievement and
citizenship. The Commissioner, in carrying out the National
Assessment, shall use sampling techniques that produce data that
are representative on a national and regional basis, and on a State
basis pursuant to paragraph (2). In addition, the Commissioner
shall--
(A) collect and report data on a periodic basis, but at
least once every two years, on students at ages 9, 13, and 17
and in grades 4, 8, and 12 in public and private schools;
(B) report achievement data on a basis that ensures valid
and reliable trend reporting;
(C) include information on special groups, including,
whenever feasible, information collected, cross-tabulated,
analyzed, and reported by sex, race or ethnicity and
socioeconomic status; and
(D) ensure that achievement data are made available on a
timely basis following official reporting, in a manner that
facilitates further analysis.
(2) State assessments.--(A)(i) The Commissioner, in carrying
out the National Assessment, may conduct State assessments of
student achievement in grades 4, 8, and 12.
(ii) Each such State assessment, in each subject area and at
each grade level, shall be conducted on a developmental basis until
the Commissioner determines, as the result of an evaluation
required by subsection (f), that such assessment produces high
quality data that are valid and reliable.
(B)(i) States wishing to participate in State assessments shall
enter into an agreement with the Secretary pursuant to subsection
(d)(2).
(ii) Such agreement shall contain information sufficient to
give States full information about the process for consensus
decisionmaking on objectives to be tested, and the standards for
sampling, test administration, test security, data collection,
validation, and reporting.
(C) A participating State shall review and give permission for
the release of results from any test of its students administered
as a part of a State assessment prior to the release of such data.
Refusal by a State to release its data shall not restrict the
release of data from other States that have approved the release of
such data.
(3) Prohibited data.--In carrying out the National Assessment,
the Commissioner shall not collect any data that are not directly
related to the appraisal of educational performance, achievement,
and traditional demographic reporting variables, or to the fair and
accurate presentation of such information.
(4) Technical assistance.--In carrying out the National
Assessment, the Commissioner may provide technical assistance to
States, localities, and other parties.
(c) Access.--
(1) Public access.--Except as provided in paragraph (2), the
public shall have access to all data, questions, and test
instruments of the National Assessment.
(2) Personally identifiable information.--(A) The Commissioner
shall ensure that all personally identifiable information about
students, their educational performance, and their families, and
that information with respect to individual schools, remains
confidential, in accordance with section 552a of title 5, United
States Code.
(B) Notwithstanding any other provision of law, the
Commissioner may decline to make available to the public for a
period, not to exceed ten years after initial use, cognitive
questions that the Commissioner intends to reuse in the future.
(d) Participation.--
(1) National and regional.--Participation in the national and
regional assessments by State and local educational agencies shall
be voluntary.
(2) State.--Participation in assessments made on a State basis
shall be voluntary. The Commissioner shall enter into an agreement
with any State that desires to carry out an assessment for the
State under this subsection. Each such agreement shall contain
provisions designed to ensure that the State will--
(A) participate in the assessment; and
(B) pay from non-Federal sources the non-Federal share of
such participation.
(3) Non-federal share.--(A) For each fiscal year, the non-
Federal share for the purpose of paragraph (2)(B) shall be--
(i) the cost of conducting the assessment at the school
level for all public schools in the State sample;
(ii) the cost of coordination within the State; and
(iii) other reasonable costs specified by the Secretary in
the agreement described in paragraph (2), such as the cost of
analyzing and reporting the data.
(B) The non-Federal share of payments under this paragraph may
be in cash or in kind, fairly valued.
(C) The agreement described in paragraph (2) shall describe the
manner in which the costs of administering the assessment to
private nonprofit schools included in the State sample will be met.
(e) Student Performance Levels.--
(1) Performance levels.--The National Assessment Governing
Board, established under section 412, shall develop appropriate
student performance levels for each age and grade in each subject
area to be tested under the National Assessment.
(2) Development of levels.--(A) Such levels shall be--
(i) devised through a national consensus approach,
providing for active participation of teachers, curriculum
specialists, local school administrators, parents, and
concerned members of the general public;
(ii) used on a developmental basis until the Commissioner
determines, as the result of an evaluation under subsection
(f), that such levels are reasonable, valid, and informative to
the public; and
(iii) updated as appropriate.
(B) In using such levels on a developmental basis, the
Commissioner and the Board shall ensure that reports that use such
levels do so in a manner that makes clear the developmental status
of such levels.
(3) Reporting.--After determining that such levels are
reasonable, valid, and informative to the public, as the result of
an evaluation under subsection (f), the Commissioner shall use such
levels or other methods or indicators for reporting results of the
National Assessment and State assessments.
(f) Review of National and State Assessments.--
(1) In general.--(A) The Secretary shall provide for continuing
review of the National Assessment, State assessments, and student
performance levels, by one or more nationally recognized evaluation
organizations, such as the National Academy of Education and the
National Academy of Sciences.
(B) Such continuing review shall address--
(i) whether each developmental State assessment is properly
administered, produces high quality data that are valid and
reliable, and produces data on student achievement that are not
otherwise available to the State (other than data comparing
participating States to each other and the Nation); and
(ii) whether developmental student performance levels are
reasonable, valid, and informative to the public.
(2) Report.--The Secretary shall report to the Congress, the
President, and the Nation on the findings and recommendations of
such reviews.
(3) Use of findings and recommendations.--The Commissioner
shall consider the findings and recommendations of such reviews in
designing the competition to select the organization, or
organizations, through which the Commissioner carries out the
National Assessment.
(g) Coverage Agreements.--
(1) Department of defense schools.--The Secretary and the
Secretary of Defense may enter into an agreement, including such
terms as are mutually satisfactory, to include in the National
Assessment elementary and secondary schools operated by the
Department of Defense.
(2) Bureau of indian affairs schools.--The Secretary and the
Secretary of the Interior may enter into an agreement, including
such terms as are mutually satisfactory, to include in the National
Assessment schools for Indian children operated or supported by the
Bureau of Indian Affairs.
SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD.
(a) Establishment.--There is established the National Assessment
Governing Board (hereafter in this title referred to as the ``Board''),
which shall formulate policy guidelines for the National Assessment.
(b) Membership.--
(1) Appointment and composition.--The Board shall be appointed
by the Secretary and be composed of--
(A) two Governors, or former Governors, who shall not be
members of the same political party;
(B) two State legislators, who shall not be members of the
same political party;
(C) two chief State school officers;
(D) one superintendent of a local educational agency;
(E) one member of a State board of education;
(F) one member of a local board of education;
(G) three classroom teachers representing the grade levels
at which the National Assessment is conducted;
(H) one representative of business or industry;
(I) two curriculum specialists;
(J) three testing and measurement experts, who shall have
training and experience in the field of testing and
measurement;
(K) one nonpublic school administrator or policymaker;
(L) two school principals, of whom one shall be an
elementary school principal and one shall be a secondary school
principal; and
(M) four additional members who are representatives of the
general public, including parents.
(2) Assistant secretary for educational research.--The
Assistant Secretary for Educational Research and Improvement shall
serve as an ex officio, nonvoting member of the Board.
(3) Special rule.--The Secretary and the Board shall ensure at
all times that the membership of the Board reflects regional,
racial, gender, and cultural balance and diversity and that the
Board exercises its independent judgment, free from inappropriate
influences and special interests.
(c) Terms.--
(1) In general.--Terms of service of members of the Board shall
be staggered and may not exceed a period of 3 years, as determined
by the Secretary.
(2) Service limitation.--Members of the Board may serve not
more than two terms.
(3) Change of status.--A member of the Board who changes status
under subsection (b) during the term of the appointment of the
member may continue to serve as a member until the expiration of
such term.
(d) Vacancies.--
(1) In general.--(A) The Secretary shall appoint new members to
fill vacancies on the Board from among individuals who are
nominated by organizations representing the type of individuals
described in subsection (b)(1) with respect to which the vacancy
exists.
(B) Each organization submitting nominations to the Secretary
with respect to a particular vacancy shall nominate for such
vacancy six individuals who are qualified by experience or training
to fill the particular Board vacancy.
(C) The Secretary's appointments shall maintain the
composition, diversity, and balance of the Board required under
subsection (b).
(2) Additional nominations.--The Secretary may request that
each organization described in paragraph (1)(A) submit additional
nominations if the Secretary determines that none of the
individuals nominated by such organization have appropriate
knowledge or expertise.
(e) Duties.--
(1) In general.--In carrying out its functions under this
section the Board shall--
(A) select subject areas to be assessed (consistent with
section 411(b)(1));
(B) develop appropriate student performance levels as
provided in section 411(e);
(C) develop assessment objectives and test specifications
through a national consensus approach which includes the active
participation of teachers, curriculum specialists, local school
administrators, parents, and concerned members of the public;
(D) design the methodology of the assessment, in
consultation with appropriate technical experts, including the
Advisory Council established under section 407;
(E) develop guidelines for reporting and disseminating
results;
(F) develop standards and procedures for interstate,
regional, and national comparisons; and
(G) take appropriate actions needed to improve the form and
use of the National Assessment.
(2) Delegation.--The Board may delegate any of the Board's
procedural and administrative functions to its staff.
(3) Cognitive items.--The Board shall have final authority on
the appropriateness of cognitive items.
(4) Prohibition against bias.--The Board shall take steps to
ensure that all items selected for use in the National Assessment
are free from racial, cultural, gender, or regional bias.
(5) Technical.--In carrying out the duties required by
paragraph (1), the Board may seek technical advice, as appropriate,
from the Commissioner and the Advisory Council on Education
Statistics and other experts.
(6) Report.--Not later than 90 days after an evaluation of the
student performance levels under section 411(e), the Board shall
make a report to the Secretary, the Committee on Education and
Labor of the House of Representatives, and the Committee on Labor
and Human Resources of the Senate describing the steps the Board is
taking to respond to each of the recommendations contained in such
evaluation.
(f) Personnel.--
(1) In general.--In the exercise of its responsibilities, the
Board shall be independent of the Secretary and the other offices
and officers of the Department.
(2) Staff.--(A) The Secretary may appoint, at the request of
the Board, such staff as will enable the Board to carry out its
responsibilities.
(B) Such appointments may include, for terms not to exceed
three years and without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service, not
more than six technical employees who may be paid 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.
(g) Coordination.--The Commissioner and the Board shall meet
periodically--
(1) to ensure coordination of their duties and activities
relating to the National Assessment; and
(2) for the Commissioner to report to the Board on the
Department's actions to implement the decisions of the Board.
(h) Administration.--Only sections 10, 11, and 12 of the Federal
Advisory Committee Act shall apply with respect to the Board.
SEC. 413. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$65,000,000 for fiscal year 1995 and such sums as may be necessary for
each of the four succeeding fiscal years to carry out this title (other
than sections 411 and 412).
(b) National Assessment.--There are authorized to be appropriated
$35,000,000 for fiscal year 1995 and such sums as may be necessary for
each of the fiscal years 1996 and 1997 to carry out section 411.
(c) Governing Board.--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 and 1997 to carry out section 412.
TITLE V--MISCELLANEOUS PROVISIONS
PART A--ALBERT EINSTEIN DISTINGUISHED EDUCATOR FELLOWSHIP ACT
SEC. 511. SHORT TITLE.
This part may be cited as the ``Albert Einstein Distinguished
Educator Fellowship Act of 1994''.
SEC. 512. FINDINGS.
The Congress finds that--
(1) the Department of Energy has unique and extensive
mathematics and science capabilities that contribute to mathematics
and science education programs throughout the Nation;
(2) a need exists to increase understanding, communication, and
cooperation between the Congress, the Department of Energy, other
Federal agencies, and the mathematics and science education
community;
(3) elementary and secondary school mathematics and science
teachers can provide practical insight to the legislative and
executive branches in establishing and operating education
programs; and
(4) a pilot program that placed elementary and secondary school
mathematics and science teachers in professional staff positions in
the Senate and the House of Representatives has proven successful
and demonstrated the value of expanding the program.
SEC. 513. PURPOSE; DESIGNATION.
(a) Purpose.--The purpose of this part is to establish within the
Department of Energy a national fellowship program for elementary and
secondary school mathematics and science teachers.
(b) Designation.--A recipient of a fellowship under this part shall
be known as an ``Albert Einstein Fellow''.
SEC. 514. DEFINITIONS.
As used in this part--
(1) the term ``elementary school'' has the meaning provided by
section 14101 of the Elementary and Secondary Education Act of
1965;
(2) the term ``local educational agency'' has the meaning
provided by section 14101 of the Elementary and Secondary Education
Act of 1965;
(3) the term ``secondary school'' has the meaning provided by
section 14101 of the Elementary and Secondary Education Act of
1965; and
(4) the term ``Secretary'' means the Secretary of Energy.
SEC. 515. FELLOWSHIP PROGRAM.
(a) In General.--
(1) Establishment.--The Secretary shall establish the Albert
Einstein Distinguished Educator Fellowship Program (hereafter in
this part referred to as the ``Program'') to provide 12 elementary
or secondary school mathematics or science teachers with
fellowships in each fiscal year in accordance with this part.
(2) Order of priority.--The Secretary may reduce the number of
fellowships awarded under this part for any fiscal year in which
the amount appropriated for the Program is insufficient to support
12 fellowships. If the number of fellowships awarded under this
part is reduced for any fiscal year, then the Secretary shall award
fellowships based on the following order of priority:
(A) Three fellowships in the Department of Energy.
(B) Two fellowships in the Senate.
(C) Two fellowships in the House of Representatives.
(D) One fellowship in each of the following entities:
(i) The Department of Education.
(ii) The National Institutes of Health.
(iii) The National Science Foundation.
(iv) The National Aeronautics and Space
PAdministration.
(v) The Office of Science and Technology Policy.
(3) Terms of fellowships.--Each fellowship awarded under this
part shall be awarded for a period of ten months that, to the
extent practicable, coincide with the academic year.
(4) Eligibility.--To be eligible for a fellowship under this
part, an elementary or secondary school mathematics or science
teacher must demonstrate--
(A) that such teacher would bring unique and valuable
contributions to the Program;
(B) that such teacher is recognized for excellence in
mathematics or science education; and
(C)(i) a sabbatical leave from teaching will be granted in
order to participate in the Program; or
(ii) the teacher will return to a teaching position
comparable to the position held prior to participating in the
Program.
(b) Administration.--The Secretary shall--
(1) provide for the development and administration of an
application and selection process for fellowships under the
Program, including a process whereby final selections of fellowship
recipients are made in accordance with subsection (c);
(2) provide for the publication of information on the Program
in appropriate professional publications, including an invitation
for applications from teachers listed in the directories of
national and State recognition programs;
(3) select from the pool of applicants 12 elementary and
secondary school mathematics teachers and 12 elementary and
secondary school science teachers;
(4) develop a program of orientation for fellowship recipients
under this part; and
(5) not later than August 31 of each year in which fellowships
are awarded, prepare and submit an annual report and evaluation of
the Program to the appropriate Committees of the Senate and the
House of Representatives.
(c) Selection.--
(1) In general.--The Secretary shall arrange for the 24
semifinalists to travel to Washington, D.C., to participate in
interviews in accordance with the selection process described in
paragraph (2).
(2) Final selection.--(A) Not later than May 1 of each year
preceding each year in which fellowships are to be awarded, the
Secretary shall select and announce the names of the fellowship
recipients.
(B) The Secretary shall provide for the development and
administration of a process to select fellowship recipients from
the pool of semifinalists as follows:
(i) The Secretary shall select three fellowship recipients
who shall be assigned to the Department of Energy.
(ii) The Majority Leader of the Senate and the Minority
Leader of the Senate, or their designees, shall each select a
fellowship recipient who shall be assigned to the Senate.
(iii) The Speaker of the House of Representatives and the
Minority Leader of the House of Representatives, or their
designees, shall each select a fellowship recipient who shall
be assigned to the House of Representatives.
(iv) Each of the following individuals, or their designees,
shall select one fellowship recipient who shall be assigned
within the department, office, agency, or institute such
individual administers:
(I) The Secretary of Education.
(II) The Director of the National Institutes of Health.
(III) The Director of the National Science PFoundation.
(IV) The Administrator of the National Aeronautics and
Space Administration.
(V) The Director of the Office of Science and
Technology Policy.
SEC. 516. FELLOWSHIP AWARDS.
(a) Fellowship Recipient Compensation.--Each recipient of a
fellowship under this part shall be paid during the fellowship period
at a rate of pay that shall not exceed the minimum annual rate payable
for a position under GS-13 of the General Schedule.
(b) Local Educational Agency.--The Secretary shall seek to ensure
that no local educational agency penalizes a teacher who elects to
participate in the Program.
SEC. 517. WASTE MANAGEMENT EDUCATION RESEARCH CONSORTIUM (WERC).
(a) In General.--The Secretary is authorized to establish a
partnership of Department of Energy laboratories, academic
Pinstitutions, and private sector industries to conduct
environmentally-related education programs, including programs
involving environmentally conscious manufacturing and waste management
activities that have undergraduate and graduate educational training as
a component.
SEC. 518. AUTHORIZATION OF APPROPRIATIONS.
(a) There are authorized to be appropriated for the Program
$700,000 for fiscal year 1995, and such sums as may be necessary for
each of the four succeeding fiscal years.
(b) WERC Program.--There are authorized to be appropriated for the
WERC program under section 517 such sums as may be necessary for fiscal
year 1995 and each of the four succeeding fiscal years.
PART B--COMMUNITY SCHOOL PARTNERSHIPS
SEC. 521. SHORT TITLE.
This part may be cited as the ``Community School Partnership Act''.
SEC. 522. FINDINGS.
The Congress finds that--
(1) the local community, when properly organized and
challenged, is one of the best sources of academic support,
motivation toward achievement, and financial resources for aspiring
postsecondary students;
(2) local communities, working to complement or augment
services currently being offered by area schools and colleges, can
raise the educational expectations and increase the rate of
postsecondary attendance of their youth by forming locally based
organizations that provide both academic support (including
guidance, counseling, mentoring, tutoring, encouragement, and
recognition) and tangible, locally raised, effectively targeted,
publicly recognized financial assistance;
(3) proven methods of stimulating these community efforts can
be promoted through Federal support for the establishment of area
program centers to organize and challenge community efforts to
develop educational incentives and support for local students; and
(4) using Federal funds to leverage private contributions to
help students from low-income families attain educational and
career goals is an efficient and effective investment of scarce
taxpayer-provided resources.
SEC. 523. DEFINITIONS.
As used in this part:
(1) Area program center.--The term ``area program center''
means an organization that--
(A) is part of, responsible to, and overseen by, the
national organization; and
(B) is staffed by professionals trained to create, develop,
and sustain local affiliated chapters in towns, cities, and
neighborhoods.
(2) Local affiliated chapter.--The term ``local affiliated
chapter'' means an organization that--
(A) is a nonprofit organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986, and
exempt from taxation under section 501(a) of such Code (or
shall meet this criteria through affiliation with the national
organization described in paragraph (3));
(B) is formed for the purpose of providing educational
scholarships and academic support for residents of the local
community served by such organization;
(C) solicits broad-based community support in its academic
support and fund-raising activities;
(D) is broadly representative of the local community in the
structures of its volunteer-operated organization and has a
board of directors that includes leaders from local
neighborhood organizations and neighborhood residents, such as
school or college personnel, parents, students, community
agency representatives, and representatives of the business
community;
(E) awards scholarships without regard to age, sex, marital
status, race, creed, color, religion, national origin or
disability; and
(F) gives priority in awarding scholarships to students
from low-income families in the local community.
(3) National organization.--The term ``national organization''
means an organization that--
(A) has the capacity to create, develop and sustain local
affiliated chapters;
(B) has the capacity to sustain newly created local
affiliated chapters in towns, cities, and neighborhoods through
ongoing training and support programs;
(C) is described in section 501(c)(3) of the Internal
Revenue Code of 1986, and exempt from taxation under section
501(a) of such Code;
(D) is a publicly supported organization within the meaning
of section 170(b)(1)(A)(vi) of such Code;
(E) ensures that each of its local affiliated chapters meet
the criteria described in subparagraphs (C) and (D); and
(F) has a program for or experience in cooperating with
secondary and postsecondary institutions in carrying out its
scholarship and academic support activities.
(4) High-poverty area.--The term ``high-poverty area'' means a
community with a higher percentage of children in poverty than the
national average of such percentage.
(5) Students from low-income families.--The term ``students
from low-income families'' means students determined, pursuant to
part F of title IV of the Higher Education Act of 1965, to be
eligible for a Federal Pell Grant under subpart 1 of part A of
title IV of such Act.
SEC. 524. PURPOSE; ENDOWMENT GRANT AUTHORITY.
(a) Purpose.--It is the purpose of this part to establish and
support area program centers to enable such centers to foster the
development of local affiliated chapters in high-poverty areas that
promote higher education goals for students from low-income families
by--
(1) providing academic support, including guidance, counseling,
mentoring, tutoring, and recognition; and
(2) providing scholarship assistance for the pursuit of
postsecondary education.
(b) Endowment Grant Authority.--From the funds appropriated
pursuant to the authority of section 527, the Secretary shall award an
endowment grant, on a competitive basis, to a national organization to
enable such organization to support the establishment or ongoing work
of area program centers that foster the development of local affiliated
chapters in high-poverty areas to improve high school graduation rates
and postsecondary attendance through the provision of academic support
services and scholarship assistance for the pursuit of postsecondary
education.
SEC. 525. GRANT AGREEMENT AND REQUIREMENTS.
(a) In General.--The Secretary shall award the endowment grant
described in section 524(b) pursuant to an agreement between the
Secretary and the national organization. Such agreement shall--
(1) require the national organization to establish an endowment
fund in the amount of the grant, the corpus of which shall remain
intact and the interest income from which shall be used to support
the activities described in paragraphs (2) and (3);
(2) require the national organization to use 25 percent of the
interest income from the endowment fund in any fiscal year to
provide scholarships for students from low-income families, which
scholarships shall be matched on a dollar-for-dollar basis from
funds raised by local affiliated chapters;
(3) require the national organization to use 75 percent of the
interest income from the endowment fund in any fiscal year to
support the establishment or ongoing work of area program centers
to enable such centers to work with local communities to establish
local affiliated chapters in high-poverty areas and provide ongoing
technical assistance, training workshops, and other activities to
help ensure the ongoing success of the local affiliated chapters;
(4) require the area program centers supported by the national
organization to give priority to establishing local affiliated
chapters that serve high-poverty areas;
(5) require the national organization to submit, in each fiscal
year in which such organization uses the interest from the
endowment fund, a report to the Secretary that contains--
(A) a description of the programs and activities supported
by the interest on the endowment fund;
(B) the audited financial statement of the national
organization for the preceding fiscal year;
(C) a plan for the programs and activities to be supported
from the interest on the endowment fund during the five
succeeding fiscal years;
(D) an evaluation of the programs and activities supported
by the interest on the endowment fund as the Secretary may
require; and
(E) data indicating the number of students from low-income
families who received scholarships from local affiliated
chapters, and the amounts of such scholarships;
(6) contain such assurances as the Secretary may require with
respect to the management and operation of the endowment fund;
(7) require that, in order to continue using the interest from
the endowment fund, the national organization will meet the
continuing eligibility requirements described in section 526; and
(8) contain an assurance that if the Secretary determines that
such organization is not in substantial compliance with the
provisions of this part, then the national organization shall pay
to the Secretary an amount equal to the corpus of the endowment
fund plus any accrued interest on such fund that is available to
the national organization on the date of such determination.
(b) Returned Funds.--All funds returned to the Secretary pursuant
to subsection (a)(8) shall be available to the Secretary to carry out
any scholarship or grant program assisted under title IV of the Higher
Education Act of 1965.
SEC. 526. CONTINUING ELIGIBILITY.
The national organization shall be eligible to continue to use the
interest from the endowment fund in accordance with the provisions of
this part in the third and each such succeeding fiscal year in which
such organization uses such interest only if the local affiliated
chapters associated with all area program centers supported under this
part distribute to students from low-income families 80 percent of the
total amount of funds raised by all such chapters in such year.
SEC. 527. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 for fiscal year
1996 to carry out this part.
PART C--1994 INSTITUTIONS
SEC. 531. SHORT TITLE.
This part may be cited as the ``Equity in Educational Land-Grant
Status Act of 1994''.
SEC. 532. DEFINITION.
As used in this part, the term ``1994 Institutions'' means any one
of the following colleges:
(1) Bay Mills Community College.
(2) Blackfeet Community College.
(3) Cheyenne River Community College.
(4) D-Q University.
(5) Dullknife Memorial College.
(6) Fond Du Lac Community College.
(7) Fort Belknap Community College.
(8) Fort Berthold Community College.
(9) Fort Peck Community College.
(10) LacCourte Orielles Ojibwa Community College.
(11) Little Big Horn Community College.
(12) Little Hoop Community College.
(13) Nebraska Indian Community College.
(14) Northwest Indian College.
(15) Oglala Lakota College.
(16) Salish Kootenai College.
(17) Sinte Gleska University.
(18) Sisseton Wahpeton Community College.
(19) Standing Rock College.
(20) Stonechild Community College.
(21) Turtle Mountain Community College.
(22) Navajo Community College.
(23) United Tribes Technical College.
(24) Southwest Indian Polytechnic Institute.
(25) Institute of American Indian and Alaska Native Culture and
Arts Development.
(26) Crownpoint Institute of Technology.
(27) Haskell Indian Junior College.
(28) Leech Lake Tribal College.
(29) College of the Menominee Nation.
SEC. 533. LAND-GRANT STATUS FOR 1994 INSTITUTIONS.
(a) In General.--
(1) Status of 1994 institutions.--Except as provided in
paragraph (2), 1994 Institutions shall be considered land-grant
colleges established for the benefit of agriculture and the
mechanic arts in accordance with the provisions of the Act of July
2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.) (commonly known as the
First Morrill Act).
(2) 1994 institutions.--(A) 1994 Institutions shall not be
considered as land-grant colleges that are eligible to receive
funding under--
(i) the Act of March 2, 1887 (24 Stat. 440, chapter 314; 7
U.S.C. 361a et seq.);
(ii) the Act of May 8, 1914 (38 Stat. 373, chapter 79; 7
U.S.C. 343), except as provided under section 3(b)(3) of such
Act (as added by section 534(b)(1) of this part); or
(iii) the Act of August 30, 1890 (26 Stat. 417, chapter
841; 7 U.S.C. 321 et seq.) (commonly known as the Second
Morrill Act).
(B) In lieu of receiving donations under the provisions of the
Act of July 2, 1862 (12 Stat. 503; 7 U.S.C. 301 et seq.) (commonly
known as the First Morrill Act), relating to the donations of
public land or scrip for the endowment and maintenance of colleges
for the benefit of agriculture and the mechanic arts, 1994
Institutions shall receive funding pursuant to the authorization
under subsection (b).
(b) Authorization of Appropriations.--There are authorized to be
appropriated $4,600,000 for each of fiscal years 1996 through 2000.
Amounts appropriated pursuant to this section shall be held and
considered to have been granted to 1994 Institutions to establish an
endowment pursuant to subsection (c).
(c) Endowment.--
(1) In general.--In accordance with this subsection, the
Secretary of the Treasury shall establish a 1994 Institutions
Endowment Fund (hereafter in this subsection referred to as the
``endowment fund''). The Secretary may enter into such agreements
as are necessary to carry out this subsection.
(2) Deposit to the endowment fund.--The Secretary shall deposit
in the endowment fund any--
(A) amounts made available by appropriations pursuant to
subsection (b) (hereafter in this subsection referred to as the
``endowment fund corpus''); and
(B) interest earned on the endowment fund corpus.
(3) Investments.--The Secretary shall invest the endowment fund
corpus and income in interest-bearing obligations of the United
States.
(4) Withdrawals and expenditures.--The Secretary may not make a
withdrawal or expenditure from the endowment fund corpus. On the
termination of each fiscal year, the Secretary shall withdraw the
amount of the income from the endowment fund for the fiscal year,
and after making adjustments for the cost of administering the
endowment fund, distribute the adjusted income as follows:
(A) 60 percent of the adjusted income shall be distributed
among the 1994 Institutions on a pro rata basis. The
proportionate share of the adjusted income received by a 1994
Institution under this subparagraph shall be based on the
Indian student count (as defined in section 390(3) of the Carl
D. Perkins Vocational and Applied Technology Education Act (20
U.S.C. 2397h(3)) for each 1994 Institution for the fiscal year.
(B) 40 percent of the adjusted income shall be distributed
in equal shares to the 1994 Institutions.
SEC. 534. APPROPRIATIONS.
(a) Authorization of Appropriations.--
(1) In general.--For fiscal year 1996, and for each fiscal year
thereafter, there are authorized to be appropriated to the
Department of the Treasury an amount equal to--
(A) $50,000; multiplied by
(B) the number of 1994 Institutions.
(2) Payments.--For each fiscal year, the Secretary of the
Treasury shall pay to the treasurer of each 1994 Institution an
amount equal to--
(A) the total amount made available by appropriations
pursuant to paragraph (1); divided by
(B) the number of 1994 Institutions.
(3) Use of funds; requirements.--The amounts authorized to be
appropriated under this subsection shall be used in the same manner
as is prescribed for colleges under the Act of August 30, 1890 (26
Stat. 417, chapter 841; 7 U.S.C. 321 et seq.) (commonly known as
the Second Morrill Act), and, except as otherwise provided in this
subsection, the requirements of such Act shall apply to 1994
Institutions.
(b) Funding.--Section 3 of the Act of May 8, 1914 (38 Stat. 373,
chapter 79; 7 U.S.C. 343) is amended--
(1) in subsection (b), by adding at the end the following new
paragraph:
``(3) There are authorized to be appropriated for the fiscal
year ending June 30, 1996, and for each fiscal year thereafter, for
payment on behalf of the 1994 Institutions (as defined in section
532 of the Equity in Educational Land-Grant Status Act of 1994),
$5,000,000 for the purposes set forth in section 2. Such sums shall
be in addition to the sums appropriated for the several States and
Puerto Rico, the Virgin Islands, and Guam under the provisions of
this section. Such sums shall be distributed on the basis of a
competitive application process to be developed and implemented by
the Secretary and paid by the Secretary to State institutions
established in accordance with the provisions of the Act of July 2,
1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq.) (commonly
known as the First Morrill Act) (other than 1994 Institutions) and
administered by such institutions through cooperative agreements
with 1994 Institutions in the States of the 1994 Institutions in
accordance with regulations that the Secretary shall adopt.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by inserting after subsection (e) the following new
subsection:
``(f) There shall be no matching requirement for funds made
available pursuant to subsection (b)(3).''.
SEC. 535. INSTITUTIONAL CAPACITY BUILDING GRANTS.
(a) Definitions.--As used in this section:
(1) Federal share.--The term ``Federal share'' means, with
respect to a grant awarded under subsection (b), the share of the
grant that is provided from Federal funds.
(2) Non-federal share.--The term ``non-Federal share'' means,
with respect to a grant awarded under subsection (b), the matching
funds paid with funds other than funds referred to in paragraph
(1), as determined by the Secretary.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(b) In General.--
(1) Institutional capacity building grants.--For each of fiscal
years 1996 through 2000, the Secretary shall make two or more
institutional capacity building grants to assist 1994 Institutions
with constructing, acquiring, and remodeling buildings,
laboratories, and other capital facilities (including fixtures and
equipment) necessary to conduct instructional activities more
effectively in agriculture and sciences.
(2) Requirements for grants.--The Secretary shall make grants
under this section--
(A) on the basis of a competitive application process under
which appropriate officials of 1994 Institutions may submit
applications to the Secretary in such form and manner as the
Secretary may prescribe; and
(B) in such manner as to ensure geographic diversity with
respect to the 1994 Institutions that are the subject of the
grants.
(3) Demonstration of need.--The Secretary shall require, as
part of an application for a grant under this subsection, a
demonstration of need. The Secretary may only award a grant under
this subsection to an applicant that demonstrates a failure to
obtain funding for a project after making a reasonable effort to
otherwise obtain the funding.
(4) Payment of non-federal share.--A grant awarded under this
subsection shall be made only if the recipient of the grant pays a
non-Federal share in an amount specified by the Secretary.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Agriculture to carry out this
section, $1,700,000 for each of fiscal years 1996 through 2000.
PART D--WORKERS TECHNOLOGY SKILL DEVELOPMENT
SEC. 541. SHORT TITLE.
This part may be cited as the ``Workers Technology Skill
Development Act''.
SEC. 542. FINDINGS.
The Congress finds and declares the following:
(1) In an increasingly competitive world economy, the companies
and nations that lead in the rapid development, commercialization,
and application of new and advanced technologies, and in the high-
quality, competitively priced production of goods and services,
will lead in economic growth, employment, and high living
standards.
(2) While the United States remains the world leader in science
and invention, it has not done well in rapidly making the
transition from achievement in its research laboratories to high-
quality, competitively priced production of goods and services.
This lag and the unprecedented competitive challenge that the
United States has faced from abroad have contributed to a drop in
real wages and living standards.
(3) Companies that are successfully competitive in the rapid
development, commercialization, application, and implementation of
advanced technologies, and in the successful delivery of goods and
services, recognize that worker participation and labor-management
cooperation in the deployment, application, and implementation of
advanced workplace technologies make an important contribution to
high-quality, competitively priced production of goods and services
and in maintaining and improving real wages for workers.
(4) The Federal Government has an important role in encouraging
and augmenting private sector efforts relating to the development,
application, manufacture, and deployment of new and advanced
technologies. The role should be to--
(A) work with private companies, States, worker
organizations, nonprofit organizations, and institutions of
higher education to ensure the development, application,
production, and implementation of new and advanced technologies
to promote the improvement of workers' skills, wages, job
security, and working conditions, and a healthy environment;
(B) encourage worker and worker organization participation
in the development, commercialization, evaluation, selection,
application, and implementation of new and advanced
technologies in the workplace; and
(C) promote the use and integration of new and advanced
technologies in the workplace that enhance workers' skills.
(5) In working with the private sector to promote the
technological leadership and economic growth of the United States,
the Federal Government has a responsibility to ensure that Federal
technology programs help the United States to remain competitive
and to maintain and improve living standards and to create and
retain secure jobs in economically stable communities.
SEC. 543. PURPOSES.
The purposes of this part are to--
(1) improve the ability of workers and worker organizations to
recognize, develop, assess, and improve strategies for successfully
integrating workers and worker organizations into the process of
evaluating, selecting, and implementing advanced workplace
technologies, and advanced workplace practices in a manner that
creates and maintains stable well-paying jobs for workers; and
(2) assist workers and worker organizations in developing the
expertise necessary for effective participation with employers in
the development of strategies and programs for the successful
evaluation, selection, and implementation of advanced workplace
technologies and advanced workplace practices through the provision
of a range of education, training, and related services.
SEC. 544. DEFINITIONS.
As used in this part:
(1) Advanced workplace practices.--The term ``advanced
workplace practices'' means innovations in work organization and
performance, including high-performance workplace systems, flexible
production techniques, quality programs, continuous improvement,
concurrent engineering, close relationships between suppliers and
customers, widely diffused decisionmaking and work teams, and
effective integration of production technology, worker skills and
training, and workplace organization, and such other
characteristics as determined appropriate by the Secretary of
Labor, in consultation with the Secretary of Commerce.
(2) Advanced workplace technologies.--The term ``advanced
workplace technologies'' includes--
(A) numerically controlled machine tools, robots, automated
process control equipment, computerized flexible manufacturing
systems, associated computer software, and other technology for
improving the manufacturing and industrial production of goods
and commercial services, which advance the state-of-the-art; or
(B) novel industrial and commercial techniques and
processes not previously generally available that improve
quality, productivity, and practices, including engineering
design, quality assurance, concurrent engineering, continuous
process production technology, inventory management, upgraded
worker skills, communications with customers and suppliers, and
promotion of sustainable economic growth.
(3) Department.--The term ``Department'' means the Department
of Labor.
(4) Nonprofit organization.--The term ``nonprofit
organization'' means a tax-exempt organization, as described in
paragraph (3), (4), or (5) of section 501(c) of the Internal
Revenue Code of 1986.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Labor.
(6) Worker organization.--The term ``worker organization''
means a labor organization within the meaning of section 501(c)(5)
of the Internal Revenue Code of 1986.
SEC. 545. GRANTS.
(a) In General.--The Secretary of Labor, after consultation with
the Secretary of Commerce, shall, to the extent appropriations are
available, award grants to eligible entities to carry out the purposes
described in section 543.
(b) Eligibility.--To be eligible to receive a grant under this
section, an entity shall--
(1) be a nonprofit organization, or a partnership consortium of
such organizations;
(2) prepare and submit to the Secretary an application at such
time, in such manner, and containing such information as the
Secretary may require, including a description of the activities
that the entity will carry out using amounts received under the
grant; and
(3) agree to make available (directly or through donations from
public or private entities) non-Federal contributions toward the
costs of the activities to be conducted with grant funds, in an
amount equal to the amount required under subsection (d).
(c) Use of Amounts.--An entity shall use amounts received under a
grant awarded under this section to carry out the purposes described in
section 543 through activities such as--
(1) the provision of technical assistance to workers, worker
organizations, employers, State economic development agencies,
State industrial extension programs, Advanced Technology Centers,
and National Manufacturing Technology Centers to identify advanced
workplace practices and strategies that enhance the effective
evaluation, selection, and implementation of advanced workplace
technologies;
(2) the researching and identification of new and advanced
workplace technologies, and advanced workplace practices that
promote the improvement of workers' skills, wages, working
conditions, and job security, that research the link between
advanced workplace practices and long-term corporate performance,
and which are consistent with the needs of local communities and
the need for a healthy environment; and
(3) the development and dissemination of training programs and
materials to be used for and by workers, worker organizations,
employers, State economic development agencies, State industrial
extension programs, Advanced Technology Centers, and National
Manufacturing Technology Centers relating to the activities and
services provided pursuant to paragraphs (1) and (2), and regarding
successful practices including practices which address labor-
management cooperation and the involvement of workers in the
design, development, and implementation of workplace practices and
technologies.
(d) Terms of Grants and Non-Federal Shares.--
(1) Terms.--Grants awarded under this section shall be for a
term not to exceed six years.
(2) Non-federal share.--Amounts required to be contributed by
an entity under subsection (b)(3) shall equal--
(A) an amount equal to 15 percent of the amount provided
under the grant in the first year for which the grant is
awarded;
(B) an amount equal to 20 percent of the amount provided
under the grant in the second year for which the grant is
awarded;
(C) an amount equal to 33 percent of the amount provided
under the grant in the third year for which the grant is
awarded;
(D) an amount equal to 40 percent of the amount provided
under the grant in the fourth year for which the grant is
awarded; and
(E) an amount equal to 50 percent of the amount provided
under the grant in the fifth and sixth years for which the
grant is awarded.
(e) Evaluation.--The Department shall develop mechanisms for
evaluating the effectiveness of the use of a grant awarded under this
section in carrying out the purposes under section 543 and, not later
than two years after the date of enactment of this Act, and every two
years thereafter, prepare and submit a report to Congress concerning
such evaluation.
SEC. 546. IDENTIFICATION AND DISSEMINATION OF BEST PRACTICES.
(a) In General.--
(1) Information.--The Secretary, in cooperation and after
consultation with the Secretary of Commerce, shall assist workers,
worker organizations, and employers in successfully adopting
advanced workplace technologies, and advanced workplace practices
by identifying, collecting, and disseminating information on best
workplace practices and workplace assessment tools, including--
(A) methods, techniques, and successful models of labor-
management cooperation and of worker and worker organization
participation in the development, evaluation, selection, and
implementation of new and advanced workplace technologies, and
advanced workplace practices;
(B) methods, techniques, and successful models for the
design and implementation of new and advanced workplace
practices;
(C) methods, techniques, and successful models for the
design and implementation of advanced forms of work
organization; and
(D) methods, techniques, and successful models for the
assessment of worker skills and training needs relating to the
effective development, evaluation, selection, and
implementation of advanced workplace technologies, and advanced
workplace practices.
(2) Contents.--Such information on best workplace practices
shall include--
(A) summaries and analyses of best practice cases;
(B) criteria for assessment of current workplace practices;
and
(C) information on the best available education and
training materials and services relating to the development,
implementation, and operation of systems utilizing new and
advanced workplace technologies, and advanced workplace
practices.
(b) Distribution.--The information and materials developed under
this section shall be distributed through an appropriate entity
designated by the Secretary of Commerce to the Regional Centers for the
Transfer of Manufacturing Technology, to the Manufacturing Outreach
Center, to other technology training entities, and directly to others
as determined appropriate by the Secretary of Labor and the Secretary
of Commerce.
SEC. 547. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this part such sums as may be necessary for each of the fiscal
years 1995 through 1997.
(b) Availability.--Amounts appropriated under subsection (a) shall
remain available until expended.
PART E--MULTIETHNIC PLACEMENT
Subpart 1--Multiethnic Placement
SEC. 551. SHORT TITLE.
This subpart may be cited as the ``Howard M. Metzenbaum Multiethnic
Placement Act of 1994''.
SEC. 552. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) nearly 500,000 children are in foster care in the United
States;
(2) tens of thousands of children in foster care are waiting
for adoption;
(3) 2 years and 8 months is the median length of time that
children wait to be adopted;
(4) child welfare agencies should work to eliminate racial,
ethnic, and national origin discrimination and bias in adoption and
foster care recruitment, selection, and placement procedures; and
(5) active, creative, and diligent efforts are needed to
recruit foster and adoptive parents of every race, ethnicity, and
culture in order to facilitate the placement of children in foster
and adoptive homes which will best meet each child's needs.
(b) Purpose.--It is the purpose of this subpart to promote the best
interests of children by--
(1) decreasing the length of time that children wait to be
adopted;
(2) preventing discrimination in the placement of children on
the basis of race, color, or national origin; and
(3) facilitating the identification and recruitment of foster
and adoptive families that can meet children's needs.
SEC. 553. MULTIETHNIC PLACEMENTS.
(a) Activities.--
(1) Prohibition.--An agency, or entity, that receives Federal
assistance and is involved in adoption or foster care placements
may not--
(A) categorically deny to any person the opportunity to
become an adoptive or a foster parent, solely on the basis of
the race, color, or national origin of the adoptive or foster
parent, or the child, involved; or
(B) delay or deny the placement of a child for adoption or
into foster care, or otherwise discriminate in making a
placement decision, solely on the basis of the race, color, or
national origin of the adoptive or foster parent, or the child,
involved.
(2) Permissible consideration.--An agency or entity to which
paragraph (1) applies may consider the cultural, ethnic, or racial
background of the child and the capacity of the prospective foster
or adoptive parents to meet the needs of a child of this background
as one of a number of factors used to determine the best interests
of a child.
(3) Definition.--As used in this subsection, the term
``placement decision'' means the decision to place, or to delay or
deny the placement of, a child in a foster care or an adoptive
home, and includes the decision of the agency or entity involved to
seek the termination of birth parent rights or otherwise make a
child legally available for adoptive placement.
(b) Equitable Relief.--Any individual who is aggrieved by an action
in violation of subsection (a), taken by an agency or entity described
in subsection (a), shall have the right to bring an action seeking
relief in a United States district court of appropriate jurisdiction.
(c) Federal Guidance.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Health and Human Services
shall publish guidance to concerned public and private agencies and
entities with respect to compliance with this subpart.
(d) Deadline for Compliance.--
(1) In general.--Except as provided in paragraph (2), an agency
or entity that receives Federal assistance and is involved with
adoption or foster care placements shall comply with this subpart
not later than six months after publication of the guidance
referred to in subsection (c), or one year after the date of
enactment of this Act, whichever occurs first.
(2) Authority to extend deadline.--If a State demonstrates to
the satisfaction of the Secretary that it is necessary to amend
State statutory law in order to change a particular practice that
is inconsistent with this subpart, the Secretary may extend the
compliance date for the State a reasonable number of days after the
close of the first State legislative session beginning after the
date the guidance referred to in subsection (c) is published.
(e) Noncompliance Deemed a Civil Rights Violation.--Noncompliance
with this subpart is deemed a violation of title VI of the Civil Rights
Act of 1964.
(f) No Effect on Indian Child Welfare Act of 1978.--Nothing in this
section shall be construed to affect the application of the Indian
Child Welfare Act of 1978 (25 U.S.C. 1901 et seq.).
SEC. 554. REQUIRED RECRUITMENT EFFORTS FOR CHILD WELFARE SERVICES
PROGRAMS.
Section 422(b) of the Social Security Act (42 U.S.C. 622(b)) is
amended--
(1) by striking ``and'' at the end of paragraph (7);
(2) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(3) by adding at the end the following:
``(9) provide for the diligent recruitment of potential foster
and adoptive families that reflect the ethnic and racial diversity
of children in the State for whom foster and adoptive homes are
needed.''.
Subpart 2--Other Provision
SEC. 555. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.
(a) In General.--Part A of title XI of the Social Security Act (42
U.S.C. 1301-1320b-13) is amended by inserting after section 1122 the
following:
``SEC. 1123. EFFECT OF FAILURE TO CARRY OUT STATE PLAN.
``In an action brought to enforce a provision of the Social
Security Act, such provision is not to be deemed unenforceable because
of its inclusion in a section of the Act requiring a State plan or
specifying the required contents of a State plan. This section is not
intended to limit or expand the grounds for determining the
availability of private actions to enforce State plan requirements
other than by overturning any such grounds applied in Suter v. Artist
M., 112 S. Ct. 1360 (1992), but not applied in prior Supreme Court
decisions respecting such enforceability; provided, however, that this
section is not intended to alter the holding in Suter v. Artist M. that
section 471(a)(15) of the Act is not enforceable in a private right of
action.
(b) Applicability.--The amendment made by subsection (a) shall
apply to actions pending on the date of the enactment of this Act and
to actions brought on or after such date of enactment.
PART F--MISCELLANEOUS
SEC. 561. BUDGET COMPLIANCE.
Any authority or requirement to make funds available under this Act
shall be effective only to the extent provided in appropriations Acts.
SEC. 562. DOCUMENTS TRANSMITTED TO CONGRESS.
In documents transmitted to Congress explaining the President's
budget request for the Special Education account, the Department of
Education shall display amounts included in the request to reflect the
incorporation of the program for children with disabilities under part
D of chapter 1 of title I of the Elementary and Secondary Education Act
of 1965 (as such part was in effect on the day preceding the date of
enactment of the Improving America's Schools Act of 1994).
SEC. 563. VOCATIONAL EDUCATION REGULATIONS.
(a) In General.--Notwithstanding any other provision of law,
beginning on the date of enactment of this Act, and ending on the date
of enactment of an Act reauthorizing the Carl D. Perkins Vocational and
Applied Technology Education Act (20 U.S.C. 2301 et seq.) the
Department of Education's interpretation of the Carl D. Perkins
Vocational and Applied Technology Act relating to--
(1) the access or participation of members of special
populations in vocational education, including the provision of
supplementary services and the cost of such services; and
(2) the conduct of local evaluations,
that are contained in the final regulations published in the Federal
Register on August 14, 1992, shall remain in effect.
(b) Special Rule.--The Secretary of Education may not issue
additional regulations concerning the final regulations described in
subsection (a).
SEC. 564. RATE OF PAY FOR THE DEPUTY DIRECTOR OF THE NATIONAL
INSTITUTE ON DISABILITY AND REHABILITATION RESEARCH.
Notwithstanding section 202(c)(2) of the Rehabilitation Act of 1973
(29 U.S.C. 761a(c)(2)), the Secretary of Education is authorized to
compensate any individual appointed during calendar year 1994 to be the
Deputy Director of the National Institute on Disability and
Rehabilitation Research at the rate of basic pay for a position at ES-5
of the Senior Executive Service Schedule.
SEC. 565. STUDY.
The Secretary of the Interior shall conduct a study, in
consultation with the board of regents of the Haskell Indian Junior
College to evaluate the possible need for alternative institutional and
administrative systems at Haskell Indian Junior College to support the
transition of such college to a four year university. If the study's
conclusions require legislation to be implemented, the study shall be
accompanied by appropriate draft legislation. Such study shall be
transmitted to the Committee on Indian Affairs of the Senate and the
Committee on Education and Labor of the House of Representatives by
June 1, 1995.
SEC. 566. THERAPEUTIC MODEL DEMONSTRATION SCHOOLS.
(a) Authorization.--
(1) In general.--The Secretary of the Interior, acting through
the Bureau of Indian Affairs, is authorized to establish
demonstration schools, based on the therapeutic model described in
this section, to provide services necessary to achieve positive
changes in the attitudes, behavior, and academic performance of
Indian youth attending off-reservation boarding schools.
(2) Purpose.--The purpose of the therapeutic model
demonstration schools is--
(A) to provide a program, based on an annual written plan,
linking clinicians, counselors, and mental health professionals
with academic program personnel in a culturally sensitive
residential program tailored to the particular needs of Indian
students;
(B) to provide for a continued evaluation of the planning
and implementation of the therapeutic model in the designated
schools; and
(C) to determine what steps the Bureau of Indian Affairs
must take and what resources are required to transform existing
off-reservation boarding schools to meet the needs of
chemically dependent, emotionally disturbed, socially troubled,
or other at-risk Indian youth who attend such schools.
(b) Location.--The Secretary shall initiate the therapeutic model
at two schools during school years 1994 through 1996, and shall give
priority to--
(1) one school that is the recipient of a grant under section
5204 of the August F. Hawkins-Robert T. Stafford Elementary and
Secondary School Improvement Amendments of 1988 during the 1994-
1995 school year; and
(2) one school operated by the Bureau of Indian Affairs during
the 1995-1996 school year.
(c) Services.--The demonstration schools shall provide an
integrated residential environment that may include--
(1) mental health services;
(2) education;
(3) recreation therapy;
(4) social service programs;
(5) substance abuse education and prevention; and
(6) other support services for aftercare.
(d) Staffing.--The demonstration schools shall be staffed with
health and social service professionals, and educators, and may
include--
(1) clinical psychologists;
(2) child psychologists;
(3) substance abuse counselors;
(4) social workers; and
(5) health educators.
(e) Enrollment.--Notwithstanding any other provision of law, the
Secretary of the Interior may limit the enrollment at the demonstration
schools.
(f) Assistance.--The Secretary is authorized to enter into
agreements with other organizations and agencies, including the Indian
Health Service, to carry out this section.
(g) Report.--Not later than July 31 of each year, the Secretary of
the Interior shall submit a report to the Committee on Indian Affairs
of the Senate and the Committee on Education and Labor of the House of
Representatives on the progress of the Department of the Interior in
the development of the demonstration schools.
SEC. 567. IMPACT AID WAIVER.
In carrying out section 14(c) of the Act of September 23, 1950
(Public Law 815, 81st Congress) (20 U.S.C. 644(c)) the Secretary shall
waive any amount of local effort in excess of $200,000 that would
otherwise be required under paragraphs (3) and (4) of such section and
any regulations issued thereunder, in awarding funds to the Winona R-
III School District, Missouri, with respect to its application #MO-86-
C-3601A36.
SEC. 568. APPLICATION OF THE ANTITRUST LAWS TO AWARD OF NEED-BASED
EDUCATIONAL AID.
(a) Temporary Exemption.--It shall not be unlawful under the
antitrust laws for 2 or more institutions of higher education at which
all students admitted are admitted on a need-blind basis, to agree or
attempt to agree--
(1) to award such students financial aid only on the basis of
demonstrated financial need for such aid;
(2) to use common principles of analysis for determining the
need of such students for financial aid if the agreement to use
such principles does not restrict financial aid officers at such
institutions in their exercising independent professional judgment
with respect to individual applicants for such financial aid;
(3) to use a common aid application form for need-based
financial aid for such students if the agreement to use such form
does not restrict such institutions in their requesting from such
students, or in their using, data in addition to the data requested
on such form; or
(4) to exchange through an independent third party, before
awarding need-based financial aid to any of such students who is
commonly admitted to the institutions of higher education involved,
data with respect to the student so admitted and the student's
family relating to assets, income, expenses, the number of family
members, and the number of the student's siblings in college, if
each of such institutions is permitted to retrieve such data only
once with respect to the student.
(b) Limitations.--Subsection (a) shall not apply with respect to--
(1) any financial aid or assistance authorized by the Higher
Education Act of 1965 (20 U.S.C. 1001 et seq.); or
(2) any contract, combination, or conspiracy with respect to
the amount or terms of any prospective financial aid award to a
specific individual.
(c) Definitions.--For purposes of this section--
(1) the term ``alien'' has the meaning given such term in
section 101(3) of the Immigration and Nationality Act (8 U.S.C.
1101(3));
(2) the term ``antitrust laws'' has the meaning given such term
in subsection (a) of the first section of the Clayton Act (15
U.S.C. 12(a)), except that such term includes section 5 of the
Federal Trade Commission Act (15 U.S.C. 45) to the extent such
section applies to unfair methods of competition;
(3) the term ``institution of higher education'' has the
meaning given such term in section 1201(a) of the Higher Education
Act of 1965 (20 U.S.C. 1141(a));
(4) the term ``lawfully admitted for permanent residence'' has
the meaning given such term in section 101(20) of the Immigration
and Nationality Act (8 U.S.C. 1101(20));
(5) the term ``national of the United States'' has the meaning
given such term in section 101(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(22));
(6) the term ``on a need-blind basis'' means without regard to
the financial circumstances of the student involved or the
student's family; and
(7) the term ``student'' means, with respect to an institution
of higher education, a national of the United States or an alien
admitted for permanent residence who is admitted to attend an
undergraduate program at such institution on a full-time basis.
(d) Expiration.--Subsection (a) shall expire on September 30,
1997.0
(e) Related Amendments.--The Higher Education Amendments of 1992
(Public Law 102-325) is amended--
(1) in the table of contents by striking the matter relating to
section 1544, and part F of title XV, of such Act; and
(2) by striking part F of title XV of such Act.
SEC. 569. DETERMINATION FOR FISCAL YEAR 1994.
Notwithstanding the proviso referring to section 3(d)(2)(B) of
Public Law 81-874 under the following heading ``IMPACT AID'' under
title III of the Departments of Labor, Health and Human Services and
Education, and Related Agencies Appropriations Act of 1994, or any
provision of paragraph (2) of section 3(d) of such Public Law which is
consistent with this proviso, determinations regarding the eligibility
for an amount of payments under section 3(d)(2)(B) of such Public Law
for fiscal year 1994 shall be made on the basis of 1994 data, and
related Department regulations in effect during fiscal year 1992 shall
be used in the tabulation of payments.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.