    [Congressional Bills 107th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 340 Introduced in House (IH)]

    107th CONGRESS
      1st Session
                                    H. R. 340

    To amend the Elementary and Secondary Education Act of 1965 to improve
       the quality of public education and raise student achievement by
    increasing investment, strengthening accountability, raising standards
         for teachers, improving professional development and teacher
       compensation, rewarding successful schools, and providing better
                information to parents, and for other purposes.

    _______________________________________________________________________

                        IN THE HOUSE OF REPRESENTATIVES

                                January 31, 2001

    Mr. George Miller of California (for himself, Mr. Kildee, Mr. Andrews,
    Mr. Baldacci, Mr. Bonior, Mr. Brown of Ohio, Mr. Conyers, Mr. Cummings,
      Mr. Delahunt, Ms. DeLauro, Mr. Dingell, Mr. Fattah, Mr. Filner, Mr.
      Frost, Mr. Green of Texas, Mr. Hinchey, Mr. Hinojosa, Mr. Holt, Mr.
       Kind, Mr. Kucinich, Mrs. McCarthy of New York, Ms. McCollum, Mr.
     McDermott, Mr. McGovern, Ms. Millender-McDonald, Mrs. Mink of Hawaii,
    Mr. Nadler, Mr. Owens, Mr. Payne, Ms. Pelosi, Mr. Rodriguez, Mr. Reyes,
     Mr. Rush, Ms. Sanchez, Mr. Scott, Ms. Solis, Mr. Stark, Mr. Tierney,
     Mr. Udall of New Mexico, Ms. Velazquez, Ms. Woolsey, Ms. DeGette, Mr.
       Kennedy of Rhode Island, Mr. Towns, Mr. Engel,  and Mr. DeFazio)
     introduced the following bill; which was referred to the Committee on
                          Education and the Workforce

    _______________________________________________________________________

                                     A BILL

    To amend the Elementary and Secondary Education Act of 1965 to improve
       the quality of public education and raise student achievement by
    increasing investment, strengthening accountability, raising standards
         for teachers, improving professional development and teacher
       compensation, rewarding successful schools, and providing better
                information to parents, and for 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; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Excellence and
    Accountability in Education Act''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.
    Sec. 2. References.
                            TITLE I--STUDENT RESULTS

                             Part A--Basic Program

    Sec. 101. Low-achieving children meet high standards.
    Sec. 102. Purposes and intent.
    Sec. 103. Authorization of appropriations.
    Sec. 104. Reservation and allocation.
    Sec. 105. State plans.
    Sec. 106. Local educational agency plans.
    Sec. 107. Eligible school attendance areas.
    Sec. 108. Schoolwide programs.
    Sec. 109. Targeted assistance schools.
    Sec. 110. School choice.
    Sec. 111. Assessment and local educational agency and school
                                improvement.
    Sec. 112. State assistance for school support and improvement.
    Sec. 113. Academic achievement awards program; improving State
                                assessments.
    Sec. 114. Parental involvement changes.
    Sec. 115. Qualifications for teachers and paraprofessionals.
    Sec. 116. Professional development.
    Sec. 117. Participation of children enrolled in private schools.
    Sec. 118. Requirements; records.
    Sec. 119. Coordination requirements.
    Sec. 120. Amounts for grants.
    Sec. 121. Basic grants to local educational agencies.
    Sec. 122. Concentration grants.
    Sec. 123. Targeted grants.
    Sec. 124. Special allocation procedures.
                    Part B--Education of Migratory Children

    Sec. 131. State allocations.
    Sec. 132. State applications; services.
    Sec. 133. Authorized activities.
    Sec. 134. Coordination of migrant education activities.
                     Part C--Neglected or Delinquent Youth

    Sec. 141. Neglected or delinquent youth.
    Sec. 142. Findings.
    Sec. 143. Allocation of funds.
    Sec. 144. State plan and State agency applications.
    Sec. 145. Use of funds.
    Sec. 146. Purpose.
    Sec. 147. Transition services.
    Sec. 148. Programs operated by local educational agencies.
    Sec. 149. Local educational agency applications.
    Sec. 150. Uses of funds.
    Sec. 151. Program requirements.
    Sec. 152. Program evaluations.
                           Part D--General Provisions

    Sec. 161. General provisions.
                      Part E--Comprehensive School Reform

    Sec. 171. Comprehensive school reform.
                           TITLE II--SMART CLASSROOMS

    Sec. 201. Smart classrooms.
    Sec. 202. Reading Excellence Act.
    Sec. 203. Student loan forgiveness for teachers.
                      TITLE III--TECHNOLOGY FOR EDUCATION

    Sec. 301. Technology for education.
              TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

    Sec. 401. Safe and drug-free schools and communities.
    TITLE V--MAGNET SCHOOLS ASSISTANCE, PUBLIC SCHOOL CHOICE, AND NATIONAL
                                   PRIORITIES

    Sec. 501. Magnet schools assistance.
    Sec. 502. Women's educational equity.
    Sec. 503. Fund for the improvement of education.
    Sec. 504. Amendment to ESEA relating to gifted and talented children.
    Sec. 505. Charter schools.
    Sec. 506. Arts in education.
    Sec. 507. Inexpensive book distribution program.
    Sec. 508. Civic education.
    Sec. 509. Allen J. Ellender fellowship program.
    Sec. 510. 21st century community learning centers.
    Sec. 511. Rural education achievement program.
    Sec. 512. Physical education for progress.
    Sec. 513. Coordinated services.
    Sec. 514. Dropout prevention.
    Sec. 515. Office of Dropout Prevention and Program Completion.
    Sec. 516. Impact Aid amendments.
                  TITLE VI--INNOVATIVE EDUCATIONAL STRATEGIES

    Sec. 601. Innovative educational strategies.
    Sec. 602. School construction and renovation grants.
        TITLE VII--EDUCATION OF LIMITED ENGLISH PROFICIENT CHILDREN AND
                         EMERGENCY IMMIGRANT EDUCATION

    Sec. 701. Programs authorized.
        TITLE VIII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

    Sec. 801. Amendments.
    Sec. 802. Native Hawaiian education.
    Sec. 803. Alaska native education.
                          TITLE IX--GENERAL PROVISIONS

    Sec. 901. General provisions.
                        TITLE X--REPEALS; EFFECTIVE DATE

    Sec. 1001. Repeals; effective date.
                       TITLE XI--AMENDMENTS TO OTHER ACTS

    Sec. 1101. Amendments to Education Amendments of 1978.
    Sec. 1102. Amendments to Tribally Controlled Schools Act of 1988.
    Sec. 1103. Amendments to Stewart B. McKinney Homeless Assistance Act.

    SEC. 2. REFERENCES.

        Except as otherwise expressly provided--
                (1) whenever in this Act an amendment or repeal is
            expressed in terms of an amendment to, or repeal of, a title,
            chapter, part, subpart, section, subsection, or other
            provision, the reference shall be considered to be made to a
            title, chapter, part, subpart, section, subsection, or other
            provision of the Elementary and Secondary Education Act of 1965
            (20 U.S.C. 6301 et seq.); and
                (2) each reference in this Act to ``the Act'' shall be
            considered to be a reference to the Elementary and Secondary
            Education Act of 1965 (20 U.S.C. 6301 et seq.).

                            TITLE I--STUDENT RESULTS

                             PART A--BASIC PROGRAM

    SEC. 101. LOW-ACHIEVING CHILDREN MEET HIGH STANDARDS.

        The heading for title I is amended by striking ``DISADVANTAGED''
    and inserting ``LOW-ACHIEVING''.

    SEC. 102. PURPOSES AND INTENT.

        Section 1001 (20 U.S.C. 6301) is amended to read as follows:

    ``SEC. 1001. FINDINGS; RECOGNITION OF NEED; AND STATEMENT OF PURPOSE.

        ``(a) Findings.--Congress finds the following:
                ``(1) Schools that enroll high concentrations of children
            living in poverty face the greatest challenges but effective
            educational strategies based on scientifically based research
            can succeed in educating children to high standards.
                ``(2) High-poverty schools are much more likely to be
            identified as failing to meet State standards for satisfactory
            progress. As a result, these schools are generally the most in
            need of additional resources and technical assistance to build
            the capacity of these schools to address the many needs of
            their students.
                ``(3) The educational progress of children participating in
            programs under this title is closely associated with their
            being taught by a fully qualified staff, particularly in
            schools with the highest concentrations of poverty, where
            paraprofessionals, uncertified teachers, and teachers teaching
            out of field frequently provide instructional services.
                ``(4) States, local educational agencies, and schools
            should be held accountable for improving student achievement,
            while being given appropriate flexibility.
                ``(5) Programs funded under this part must demonstrate
            increased effectiveness in improving schools in order to ensure
            all children achieve to high standards.
        ``(b) Recognition of Need.--The Congress recognizes the following:
                ``(1) 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.
                ``(2) Despite decades of education reform efforts, a
            sizable achievement gap remains between minority and
            nonminority students, and between disadvantaged students and
            their more advantaged peers.
                ``(3) States, local educational agencies and schools should
            be held accountable for improving the academic achievement of
            all students, and for identifying and turning around low-
            performing schools.
                ``(4) Federal education assistance is intended not only to
            increase pupil achievement overall, but also more specifically
            and importantly, to help ensure that all pupils, especially the
            disadvantaged, meet challenging standards for curriculum
            content and pupil performance. It can only be determined if
            schools, local educational agencies, and States, are reaching
            this goal if pupil achievement results are disaggregated by at-
            risk categories.''.
        ``(c) Purpose and Intent.--The purpose and intent of this title are
    to ensure that all children have a fair and equal opportunity to obtain
    a high quality education.

    SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

        (a) Local Educational Agency Grants.--Subsection (a) of section
    1002 (20 U.S.C. 6302(a)) is amended by striking ``$7,400,000,000 for
    fiscal year 1995'' and all that follows through the period and
    inserting $10,321,000,000 for fiscal year 2002, $12,040,000,000 for
    fiscal year 2003, $13,760,000,000 for fiscal year 2004, $15,481,000,000
    for fiscal year 2005, and $17,200,000,000 for fiscal year 2006.''.
        (b) Even Start.--Subsection (b) of section 1002 (20 U.S.C. 6302(b))
    is amended by striking ``$250,000,000 for fiscal year 2001'' and
    inserting ``$300,000,000 for fiscal year 2002''.
        (c) Education of Migratory Children.--Subsection (c) of section
    1002 (20 U.S.C. 6302(c)) is amended by striking ``$310,000,000 for
    fiscal year 1995'' and inserting ``$450,000,000 for fiscal year 2002''.
        (d) Prevention and Intervention Programs for Youth Who Are
    Neglected, Delinquent, or at Risk of Dropping Out.--Subsection (d) of
    section 1002 (20 U.S.C. 6302(d)) is amended by striking ``$40,000,000
    for fiscal year 1995'' and inserting ``$60,000,000 for fiscal year
    2002''.
        (e) Capital Expenses.--Subsection (e) of section 1002 (20 U.S.C.
    6302(e)) is amended to read as follows:
        ``(e) Capital Expenses.--For the purpose of carrying out section
    1120(e), there are authorized to be appropriated $10,000,000 for fiscal
    year 2002.''.
        (f) Additional Assistance.--Subsection (f) of section 1002 is
    amended to read as follows:
        ``(f) School Improvement.--Each State may reserve for the purpose
    of carrying out its duties under section 1116 and 1117, the greater of
    one-half of 1 percent of the amount allocated under this part, or
    $200,000.''.
        (g) Federal Activities.--Subsection (g) of section 1002 (20 U.S.C.
    6302(g)) is amended by striking ``1995'' each place it appears and
    inserting ``2002''.
        (h) State Administration.--Section 1002 is amended by adding at the
    end the following:
        ``(h) State Administration.--
                ``(1) State reservation.--Each State may reserve, from the
            grants it receives under parts A, C, and D, of this title, an
            amount equal to the greater of--
                        ``(A) 1 percent of the amount it received under
                    parts A, C, and D; or
                        ``(B) $400,000 ($50,000 for each outlying area), to
                    carry out administrative duties assigned under parts A,
                    C, and D.
                ``(2) Special rule.--The amount reserved by each State
            under this subsection may not exceed the amount of State funds
            expended by the State educational agency to administer
            elementary and secondary education programs in such State.
        ``(i) Assistance for Local School Improvement.--
                ``(1) Program authorized.--The Secretary shall award grants
            to States to provide subgrants to local educational agencies
            for the purpose of providing assistance for school improvement
            consistent with section 1116. Such grants shall be allocated
            among States, the Bureau of Indian Affairs, and the outlying
            areas, in the same proportion to the grants received by each
            State, the Bureau of Indian Affairs, and the outlying areas for
            the fiscal year under parts A, C, and D of this title. The
            Secretary shall expeditiously allocate a portion of such funds
            to States for the purpose of assisting local educational
            agencies and schools that were in school improvement status on
            the date preceding the date of the enactment of the Excellence
            and Accountability in Education Act.
                ``(2) Reallocations.--If a State does not apply for funds
            under this subsection, the Secretary shall reallocate such
            funds to other States in the same proportion funds are
            allocated under paragraph (1).
                ``(3) State applications.--Each State educational agency
            that desires to receive funds under this subsection shall
            submit an application to the Secretary at such time, and
            containing such information as the Secretary shall reasonably
            require, except that such requirement shall be waived if a
            State educational agency has submitted such information as part
            of its State plan under this part. Each State plan shall
            describe how such funds will be allocated to ensure that the
            State educational agency and local educational agencies comply
            with school improvement and corrective action requirements of
            section 1116.
                ``(4) Local educational agency grants.--A grant to a local
            educational agency under this subsection shall be--
                        ``(A) of sufficient size and scope to support the
                    activities required under sections 1116 and 1117, but
                    not less than $50,000 and not more than $500,000 to
                    each participating school;
                        ``(B) integrated with other funds under this Act;
                    and
                        ``(C) renewable for 2 additional 1-year periods if
                    schools are making yearly progress consistent with
                    State and local educational agency plans developed
                    under section 1116.
                ``(5) Priority.--The State, in awarding such grants, shall
            give priority to local educational agencies with the lowest
            achieving schools, that demonstrate the greatest need for such
            funds, and that demonstrate the strongest commitment to making
            sure such funds are used to provide adequate resources to
            enable such schools to meet the yearly progress goals under
            State and local school improvement and corrective action plans
            under section 1116.
                ``(6) Administrative costs.--A State educational agency
            that receives a grant award under this subsection may reserve
            not more than 5 percent of such award for administration,
            evaluation, and technical assistance expenses.
                ``(7) Local awards.--Each local educational agency that
            applies for assistance under this subsection shall describe how
            it will provide the lowest achieving schools the resources
            necessary to meet yearly progress goals under State and local
            school improvement and corrective action plans under section
            1116.
                ``(8) Authorization of appropriations.--For the purpose of
            carrying out this subsection, there are authorized to be
            appropriated $250,000,000 for fiscal year 2002, $300,000,000
            for fiscal year 2003, $350,000,000 for fiscal year 2004,
            $400,000,000 for fiscal year 2005, and $450,000,000 for fiscal
            year 2006.''.

    SEC. 104. RESERVATION AND ALLOCATION.

        Section 1003 (20 U.S.C. 6303) is repealed.

    SEC. 105. STATE PLANS.

        Section 1111 (20 U.S.C. 6311) is amended to read as follows:

    ``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 (including
            administrators of programs described in other parts of this
            title), other staff, and parents, that satisfies the
            requirements of this section and that is coordinated with other
            programs under this Act, the Individuals with Disabilities
            Education Act, the Carl D. Perkins Vocational and Technical
            Education Act of 1998, and the Head Start Act.
                ``(2) Consolidated plan.--A State plan submitted under
            paragraph (1) may be submitted as part of a consolidated plan
            under section 10202.
        ``(b) Standards, Assessments, and Accountability.--
                ``(1) Challenging standards.--(A) Each State plan shall
            demonstrate that the State has adopted and implemented
            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) The standards required by subparagraph (A) shall be
            the same standards that the State applies to all schools and
            children in the State.
                ``(C) The State shall have such standards for elementary
            and secondary school children served under this part in
            subjects determined by the State, but including at least
            mathematics, reading or language arts, and science, which 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; and
                        ``(ii) challenging student performance standards
                    that--
                                ``(I) are aligned with the State's content
                            standards;
                                ``(II) describe 2 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, basic, 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) Adequate yearly progress.--
                        ``(A) In general.--Each State plan shall
                    demonstrate, based on assessments described under
                    paragraph (4), what constitutes adequate yearly
                    progress of--
                                ``(i) any school served under this part
                            toward enabling all children to meet the
                            State's challenging student performance
                            standards;
                                ``(ii) any local educational agency that
                            received funds under this part toward enabling
                            all children in schools receiving assistance
                            under this part to meet the State's challenging
                            student performance standards; and
                                ``(iii) the State in enabling all children
                            in schools receiving assistance under this part
                            to meet the State's challenging student
                            performance standards.
                        ``(B) Definition.--Adequate yearly progress shall
                    be defined in a manner that--
                                ``(i) applies the same high standards of
                            academic performance to all students in the
                            State;
                                ``(ii) takes into account the progress of
                            all students in the State and in each local
                            educational agency and school served under
                            section 1114 or 1115;
                                ``(iii) uses the State challenging content
                            and challenging student performance standards
                            and assessments described in paragraphs (1) and
                            (4);
                                ``(iv) compares separately, within each
                            State, local educational agency, and school,
                            the performance and progress of students by
                            gender, each major ethnic and racial 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 (except
                            that such disaggregation shall not be required
                            in a case in which the number of students in a
                            category is insufficient to yield statistically
                            reliable information or the results would
                            reveal individually identifiable information
                            about an individual student);
                                ``(v) compares the proportions of students
                            at the `basic', `proficient', and `advanced'
                            levels of performance with the proportions of
                            students at each of the 3 levels in the same
                            grade in the previous school year;
                                ``(vi) includes annual numerical goals for
                            improving the performance of all groups
                            specified in clause (iv) and narrowing gaps in
                            performance between these groups; and
                                ``(vii) includes a timeline for ensuring
                            that each group of students described in clause
                            (iv) meets or exceeds the State's proficient
                            level of performance on each State assessment
                            used for the purposes of section 1111 and
                            section 1116 not later than 10 years after the
                            date of the enactment of the Excellence and
                            Accountability in Education Act; and
                                ``(viii) at the State's discretion, may
                            also include other academic measures such as
                            promotion, completion of college preparatory
                            courses, and high school completion, except
                            that inclusion of such other measures may not
                            change which schools or local educational
                            agencies would otherwise be subject to
                            improvement or corrective action under section
                            1116 if the discretionary indicators were not
                            included.
                        ``(C) Annual improvement for states.--For a State
                    to make adequate yearly progress under subparagraph
                    (A)(iii), not less than 90 percent of the local
                    educational agencies within its jurisdiction shall meet
                    the State's criteria for adequate yearly progress.
                        ``(D) Annual improvement for local educational
                    agencies.--For a local educational agency to make
                    adequate yearly progress under subparagraph (A)(ii),
                    not less than 90 percent of the schools within its
                    jurisdiction must meet the State's criteria for
                    adequate yearly progress.
                        ``(E) Annual improvement for schools.--For a school
                    to make adequate yearly progress under subparagraph
                    (A)(i), not less than 90 percent of each group of
                    students described in subparagraph (A)(iv) who are
                    enrolled in such school are required to take the
                    assessments consistent with section 612(a)(17)(A) of
                    the Individuals with Disabilities Education Act and
                    paragraph (4)(F)(iv) on which adequate yearly progress
                    is based. The requirement of this subparagraph must be
                    met for such assessments to be used to determine
                    whether a school is making adequate yearly progress.
                        ``(F) Public notice and comment.--Each State shall
                    ensure that in developing its plan for adequate yearly
                    progress, it diligently seeks public comment from a
                    range of institutions and individuals in the State with
                    an interest in improved student achievement and that
                    the State makes and will continue to make a substantial
                    effort to ensure that information under this part is
                    widely known and understood by the public, parents,
                    teachers, and school administrators throughout the
                    State. Such efforts shall include, at a minimum,
                    publication of such information and explanatory text,
                    broadly to the public through such means as the
    Internet, the media, and public agencies.
                        ``(G) Review.--The Secretary shall review the
                    information from States on the adequate yearly progress
                    of schools and local educational agencies required
                    under subparagraphs (A) and (B) for the purpose of
                    determining State and local compliance with section
                    1116.
                        ``(H) Revision.--The Secretary shall require States
                    to revise their definition of adequate yearly progress,
                    consistent with the requirements of this paragraph.
                    Such revisions shall be submitted to the Secretary for
                    approval not later than 1 year after the date of the
                    enactment of the Excellence and Accountability in
                    Education Act.
                ``(3) State authority.--If a State educational agency
            provides evidence, which is satisfactory to the Secretary, that
            neither the State educational agency nor any other State
            government official, agency, or entity has sufficient
            authority, under State law, to adopt curriculum content and
            student performance standards, and assessments aligned with
            such standards, which will be applicable to all students
            enrolled in the State's public schools, then the State
            educational agency may meet the requirements of this subsection
            by--
                        ``(A) adopting standards and assessments that meet
                    the requirements of this subsection, on a statewide
                    basis, limiting their applicability to students served
                    under this part; or
                        ``(B) adopting and implementing policies that
                    ensure that each local educational agency in the State
                    which receives grants under this part will adopt
                    curriculum content and student performance standards,
                    and assessments aligned with such standards, which meet
                    all of the criteria in this subsection and any
                    regulations regarding such standards and assessments
                    which the Secretary may publish, and which are
                    applicable to all students served by each such local
                    educational agency.
                ``(4) Assessments.--Each State plan shall demonstrate that
            the State has implemented and is administering a set of high-
            quality, yearly student assessments that include, at a minimum,
            assessments in mathematics, reading or language arts, and
            science as the primary means of determining the yearly
            performance of each local educational agency and school served
            under this title in enabling all children served under this
            part to meet the State's challenging 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 criterion referenced and 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 not less than one or more times
                    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 disabilities
                            defined under 602(3) of the Individuals with
                            Disabilities Education Act necessary to measure
                            the achievement of such students relative to
                            State content and State student performance
                            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 such students' knowledge of, and
                            skills in, the subject area being assessed;
                        ``(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, except that the performance of students who have
                    attended more than 1 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 reports, which
                    include assessment 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.
                ``(5) Special rule.--
                        ``(A) In general.--Assessment measures that do not
                    meet the requirements of paragraph (4)(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.
                        ``(B) Student literacy skills.--States may measure
                    the literacy skills of students 1 or more times during
                    grades K-2. Such measurement shall serve only as a
                    diagnostic tool, with its sole purpose being the
                    improvement of reading instruction.
                ``(6) 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, but
            shall not mandate a specific assessment or mode of instruction.
                ``(7) Requirement.--Each State plan shall describe--
                        ``(A) how the State educational agency will ensure
                    that each local educational agency and school affected
                    by the State plan to develop the capacity to comply
                    with each of the requirements of sections
                    1112(c)(1)(D), 1114(c), and 1115(c) that is applicable
                    to such agency or school;
                        ``(B) what specific steps the State educational
                    agency will take to assist, and provide resources to,
                    schools and local educational agencies that receive
                    funds under this part to ensure that all students
                    enrolled in such schools and local educational agencies
                    reach, at a minimum, the proficient level of
                    performance;
                        ``(C) the actions the State will take to ensure
                    that critical education services and resources are
                    available in local educational agencies that receive
                    funds under this part to the extent that such services
                    are available in local educational agencies that do not
                    receive funds under this part;
                        ``(D) whether services in local educational
                    agencies that receive funds under this part are of
                    comparable quality to the services in local educational
                    agencies that do not receive funds under this part;
                        ``(E) at a minimum--
                                ``(i) how the State will ensure, not later
                            than December 1, 2004, that students from
                            families with incomes below the poverty line
                            and minority students receive instruction from
                            fully qualified teachers at the same rate as
                            other students;
                                ``(ii) how the State will ensure, not later
                            than December 1, 2004, that students from
                            families with incomes below the poverty line
                            and minority students have the same access to
                            challenging curricula and rigorous courses,
                            including advance placement courses, as do
                            other students;
                                ``(iii) how the State will ensure, not
                            later than December 1, 2004, that the quality
                            and availability of instructional materials and
                            instructional resources including technology in
                            local educational agencies receiving funds
                            under this part, is comparable to such quality
                            and availability in local educational agencies
                            not receiving funds under this part; and
                        ``(F) the measures that the State educational
                    agency will use annually to measure and publicly report
                    progress regarding subparagraph (E).
                ``(8) Exclusion from assessments.--
                        ``(A) In general.--Local educational agencies
                    receiving funds under this part shall compile
                    information and report, by individual school, on
                    students who do not participate in assessments required
                    under paragraph (4). Such report, which shall be
                    distributed widely to the public, shall include--
                                ``(i) a list of each reason that students
                            did not participate in any such assessment; and
                                ``(ii) the number from each group of
                            students described in paragraph (2)(B)(iv) who
                            did not participate on any such assessment for
                            each reason.
                        ``(B) Protection.--Reports required under
                    subparagraph (A) shall not report information in a case
                    in which it would reveal individually identifiable
                    information.
        ``(c) Other Provisions To Support Teaching and Learning.--Each
    State plan shall contain assurances that--
                ``(1) 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
                ``(2)(A) where educational service agencies exist, the
            State educational agency will consider providing professional
            development and technical assistance through such agencies; and
                ``(B) 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;
                ``(3) the State educational agency will notify local
            educational agencies and the public of the content and student
            performance 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;
                ``(4) 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;
                ``(5) if applicable, the State educational agency will
            inform the Secretary and the public of how and which Federal
            laws hinder the ability of States--
                        ``(A) to improve overall student achievement; and
                        ``(B) to close achievement gaps between groups of
                    students described in subsection (b)(2)(A)(iv);
                ``(6) the State educational agency will encourage schools
            to consolidate funds from other Federal, State, and local
            sources for schoolwide reform in schoolwide programs under
            section 1114;
                ``(7) the State educational agency will modify or eliminate
            State fiscal and accounting barriers so that schools can easily
            consolidate funds from other Federal, State, and local sources
            for schoolwide programs under section 1114;
                ``(8) the State educational agency has involved the
            committee of practitioners established under section 1603(b) in
            developing the plan and monitoring its implementation; and
                ``(9) the State educational agency will inform local
            educational agencies of the local educational agency's
            authority to seek waivers under title X and, if the State is an
            Ed-Flex Partnership State, waivers under the Education
            Flexibility Partnership Act of 1999 (30 U.S.C. 589a et seq.).
        ``(d) Peer Review and Secretarial Approval.--
                ``(1) Secretarial duties.--The Secretary shall--
                        ``(A) establish a peer review process to assist in
                    the review of State plans;
                        ``(B) approve a State plan after its submission
                    unless the Secretary determines that the plan does not
                    meet the requirements of this section;
                        ``(C) 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;
                        ``(D) 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;
                        ``(E) 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; and
                ``(2) State revisions.--States shall revise their plans if
            necessary to satisfy the requirements of this section. Revised
            plans shall be submitted to the Secretary for approval not
            later than 1 year after the date of the enactment of the
            Excellence and Accountability in Education Act.
        ``(e) Duration of the Plan.--
                ``(1) In general.--Each State plan shall--
                        ``(A) be submitted for the first year for which
                    this part is in effect after the date of the enactment
                    of the Excellence and Accountability in Education Act;
                        ``(B) remain in effect for the duration of the
                    State's participation under this part; and
                        ``(C) 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
            yearly 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, curriculum, or program of instruction, as a
    condition of eligibility to receive funds under this part.
        ``(g) Penalties.--
                ``(1) In general.--If a State fails to demonstrate that it
            has in place challenging content standards and student
            performance standards and assessments, and a system for
            measuring and monitoring adequate yearly progress which
            includes the disaggregation of data by groups, as described in
            subsection (b)(2)(A)(iv), the State shall be ineligible to
            receive any administrative funds under section 1002(h) that
            exceed the amount received by the State for such purpose in the
            previous year.
                ``(2) Additional funds.--Based on the extent to which the
            requirements of paragraph (1) are not met, additional
            administrative funds shall be withheld in such amount as the
            Secretary determines appropriate, except that for each
            additional year that the State fails to comply with such
            requirements, the Secretary shall withhold not less than one-
            fifth of the amount the State receives for administrative
            expenses under section 1002(h).
                ``(3) Waiver.--Notwithstanding title X of this Act and the
            Education Flexibility Partnership Act of 1999 or any other
            provision of law, a waiver shall not be granted except that a
            State may request a 1-time, 1-year waiver to meet the
            requirements of this section.
        ``(h) School Report Cards; Parental Information.--
                ``(1) In general.--
                        ``(A) Annual report.--Not later than the beginning
                    of the 2002-2003 school year, a State that receives
                    assistance under this Act shall prepare and publicly
                    disseminate an annual report on all schools that
                    receive funds under this part. States and local
                    educational agencies may issue report cards under this
                    section only for local educational agencies and schools
                    receiving funds under this part, except that if a State
                    or local educational agency issues a report card for
                    all students, the State or local educational agency may
                    include the information under this section as part of
                    such report card.
                        ``(B) Implementation.--The State shall ensure the
                    dissemination of this information at all levels. Such
                    information shall be--
                                ``(i) concise; and
                                ``(ii) presented in a format and manner
                            that parents can understand, and which, to the
                            extent practicable, shall be in a language the
                            parents can understand.
                ``(2) Content of annual state reports.--
                        ``(A) Required information.--The State shall, at a
                    minimum, include in the annual State reports
                    information for the State on each local educational
                    agency and school regarding--
                                ``(i) student performance on statewide
                            assessments for the current and preceding years
                            in at least mathematics, reading or language
                            arts, and science, including--
                                        ``(I) a comparison of the
                                    proportions of students who performed
                                    at `basic', `proficient', and
                                    `advanced' levels in each subject area,
                                    for each grade level at which
                                    assessments are required under this
                                    part, with proportions in each of the
                                    same 3 categories at the same grade
                                    levels in the previous school year; and
                                        ``(II) a statement of the
                                    percentage of students not tested and a
                                    listing of categories of the reasons
                                    why they were not tested;
                                ``(ii) retention in grade, completion of
                            advanced placement courses, and 4-year
                            graduation rates;
                                ``(iii) the professional qualifications of
                            teachers in the aggregate, including the
                            percentage of course sections in core academic
                            subjects taught by teachers with emergency or
                            provisional credentials, and the percentage of
                            class sections not taught by fully qualified
                            teachers; and
                                ``(iv) the professional qualifications of
                            paraprofessionals, the number of
                            paraprofessionals in the aggregate and the
                            ratio of paraprofessionals to teachers in the
                            classroom.
                        ``(B) Student data.--Student data in each report
                    shall contain disaggregated results for the following
                    categories:
                                ``(i) gender;
                                ``(ii) racial and ethnic group;
                                ``(iii) migrant status;
                                ``(iv) students with disabilities, as
                            compared to students who are not disabled;
                                ``(v) economically disadvantaged students,
                            as compared to students who are not
                            economically disadvantaged; and
                                ``(vi) students with limited English
                            proficiency, as compared to students who are
                            proficient in English.
                        ``(C) Optional information.--A State may include in
                    its report any other information it determines
                    appropriate to reflect school quality and school
                    achievement, including information on average class
                    size by grade level, and information on school safety,
                    such as the incidence of school violence and drug and
                    alcohol abuse, and the incidence of student suspensions
                    and expulsions.
                ``(3) Content of local educational agencies reports.--
                        ``(A) Minimum requirements.--The State shall ensure
                    that each local educational agency collects appropriate
                    data and publishes and publicly disseminates an annual
                    report for each of its schools which includes, at a
                    minimum--
                                ``(i) the information described in
                            paragraphs (2)(A) and (2)(B) for each local
                            educational agency and school--
                                        ``(I) in the case of a local
                                    educational agency--
                                                ``(aa) the number and
                                            percentage of schools
                                            identified for school
                                            improvement, including schools
                                            identified under section
                                            1116(b) of this Act;
                                                ``(bb) information that
                                            shows how students in its
                                            schools perform on the
                                            statewide assessment compared
                                            to students in the State as a
                                            whole;
                                        ``(II) in the case of a school--
                                                ``(aa) whether it has been
                                            identified for school
                                            improvement; and
                                                ``(bb) information that
                                            shows how its students
                                            performed on the statewide
                                            assessment compared to students
                                            in the local educational agency
                                            and the State as a whole.
                        ``(B) Other information.--A local educational
                    agency may include in its annual reports any other
                    appropriate information whether or not such information
                    is included in the annual State report.
                ``(4) Dissemination and accessibility of reports.--
                        ``(A) State reports.--State annual reports under
                    paragraph (2) shall be disseminated to all schools and
                    local educational agencies in the State, and made
                    broadly available to the public through means such as
                    posting on the Internet, distribution to the media, and
                    distribution through public agencies.
                        ``(B) Local educational agency reports.--Local
                    educational agency reports under paragraph (3) shall be
                    disseminated to all schools in the school district and
                    to all parents of students attending these schools and
                    made broadly available to the public through means such
                    as posting on the Internet, distribution to the media,
                    and distribution through public agencies.
                ``(5) Parent's right-to-know.--
                        ``(A) Qualifications.--A local educational agency
                    that receives funds under this part shall provide, upon
                    request, in an understandable and uniform format, to
                    any parent of a student attending any school receiving
                    funds under this part, information regarding the
                    professional qualifications of the student's classroom
                    teachers, including, at a minimum, the following:
                                ``(i) Whether the teacher has met State
                            qualification and licensing criteria for the
                            grade levels and subject areas in which the
                            teacher provides instruction.
                                ``(ii) Whether the teacher is teaching
                            under emergency or other provisional status
                            through which State qualification or licensing
                            criteria have been waived.
                                ``(iii) The baccalaureate degree major of
                            the teacher and any other graduate
                            certification or degree held by the teacher,
                            and the field of discipline of the
                            certification or degree.
                                ``(iv) Whether the child is provided
                            services by paraprofessionals and the
                            qualifications of such paraprofessional.
                        ``(B) Additional information.--In addition to the
                    information which parents may request under
                    subparagraph (A), and the information provided in
                    subsection (c), a school which receives funds under
                    this part shall provide to each individual parent or
                    guardian--
                                ``(i) information on the level of
                            performance of the individual student for whom
                            they are the parent or guardian in each of the
                            State assessments as required under this part;
                            and
                                ``(ii) timely notice that the student for
                            whom they are the parent or guardian has been
                            assigned or has been taught for 2 or more
                            consecutive weeks by a substitute teacher or by
                            a teacher not fully qualified.
                        ``(C) Notification.--A local educational agency
                    shall notify parents of students attending any school
                    receiving funds under this part, on an annual basis, of
                    their ability to request information under this
                    paragraph and initially not later than 1 year after the
                    date of the enactment of the Excellence and
                    Accountability in Education Act. A local educational
                    agency shall provide such notification to parents in a
                    format, and to the extent practicable, in a language
                    they can understand.
                ``(6) Plan content.--A State shall include in its plan
            under subsection (b) an assurance that it has in effect a
            policy that meets the requirements of this section.
        ``(i) Privacy.--Information collected under this section shall be
    collected and disseminated in a manner that protects the privacy of
    individuals.
        ``(j) Special Rule on Science Standards and Assessments.--
    Notwithstanding subsections (b) and (h), no State shall be required to
    meet the requirements under this title relating to science standards or
    assessments until the beginning of the 2006-2007 school year.''.

    SEC. 106. LOCAL EDUCATIONAL AGENCY PLANS.

        (a) Plans Required.--
                (1) Paragraph (1) of section 1112(a) (20 U.S.C. 6312(a)(1))
            is amended by striking ``the Goals 2000: Educate America Act''
            and all that follows and inserting the following: ``the
            Individuals with Disabilities Education Act, the Carl D.
            Perkins Vocational and Technical Education Act of 1998, the
            Head Start Act, and other Acts, as appropriate.''.
                (2) Paragraph (2) of section 1112(a) is amended by striking
            ``14304'' and inserting ``10204''.
        (b) Plan Provisions.--Subsection (b) of section 1112 (20 U.S.C.
    6312(b)) is amended--
                (1) by striking ``Each'' in the matter preceding paragraph
            (1) and inserting ``In order to help low-achieving children
            achieve to high standards, each'';
                (2) in paragraph (1)--
                        (A) by striking ``part'' each place it appears and
                    inserting ``title'';
                        (B) in subparagraph (B), by inserting ``low-
                    achieving'' before ``children'';
                        (C) by striking ``and'' at the end of subparagraph
                    (B);
                        (D) by inserting ``and'' at the end of subparagraph
                    (C); and
                        (E) by adding at the end the following new
                    subparagraph:
                        ``(D) determine the literacy levels of first
                    graders and their need for interventions, and a
                    description of how the local educational agency will
                    ensure that any such assessments--
                                ``(i) are developmentally appropriate; and
                                ``(ii) use multiple measures to provide
                            information about the variety of skills that
                            scientifically based research has identified as
                            leading to early acquisition of reading
                            skills.'';
                (3) in paragraph (4)(B), by striking ``under part C or who
            were formerly eligible for services under part C in the 2-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'' and inserting ``under part C, neglected or
    delinquent youth, Indian children served under title IX,'';
                (4) in paragraph (7), by striking ``eligible homeless
            children'' and inserting ``homeless children'';
                (5) by striking the period at the end of paragraph (9) and
            inserting ``; and''; and
                (6) by adding at the end the following new paragraphs:
                ``(10) a description of the actions the local educational
            agency will take to assist its low-performing schools,
            including schools identified under section 1116 as in need of
            improvement;
                ``(11) a description of how the agency will promote the use
            of extended learning time, such as an extended school year and
            before and after school and summer programs; and
                ``(12) a description of the criteria established by the
            local educational agency pursuant to section 1119(b)(1).''.
        (c) Assurances.--Subsection (c) of section 1112 (20 U.S.C. 6312(c))
    is amended to read as follows:
        ``(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 and the ability of such
                    schools to consolidate funds from Federal, State, and
                    local sources;
                        ``(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 student performance standards;
                        ``(D) fulfill such agency's school improvement
                    responsibilities under section 1116, including taking
                    corrective actions under section 1116(b)(9);
                        ``(E) 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;
                        ``(F) take into account the experience of model
                    programs for the educationally disadvantaged, and the
                    findings of relevant scientifically based research
                    indicating that services may be most effective if
                    focused on students in the earliest grades at schools
                    that receive funds under this part;
                        ``(G) in the case of a local educational agency
                    that 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;
                        ``(H) comply with the requirements of section 1119
                    regarding the qualifications of teachers and
                    paraprofessionals;
                        ``(I) inform eligible schools of the local
                    educational agency's authority to obtain waivers on the
                    school's behalf under title X of this Act, and if the
                    State is an Ed-Flex Partnership State, waivers under
                    the Education Flexibility Partnership Act of 1999;
                        ``(J) 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; and
                        ``(K) ensure that by not later than December 1,
                    2004, students from families with incomes below the
                    poverty line and minority students are not taught by
                    teachers who are not fully qualified at a greater rate
                    than other students.
                ``(2) Special rule.--In carrying out subparagraph (G) of
            paragraph (1) the Secretary--
                        ``(A) 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) upon publication, shall disseminate to local
                    educational agencies the Head Start performance
                    standards as in effect under section 641A(a) of the
                    Head Start Act, and such agencies affected 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.''.
        (d) Plan Development and Duration.--Section 1112 is amended by
    striking subsection (d) and inserting the following:
        ``(d) Plan Development and Duration.--
                ``(1) Consultation.--Each local educational agency plan
            shall be developed in consultation with teachers,
            administrators (including administrators of programs described
            in other parts of this title), and other appropriate school
            personnel, and with parents of children in schools served under
            this part.
                ``(2) Duration.--Each such plan shall be submitted for the
            first year for which this part is in effect following the date
            of the enactment of the Excellence and Accountability in
            Education Act and shall remain in effect for the duration of
            the agency's participation under this part.
                ``(3) Review.--Each such local educational agency shall
            periodically review, and as necessary, revise its plan.''.
        (e) State Approval.--Section 1112 (20 U.S.C. 6312(e)) is amended by
    striking subsection (e) and inserting the following:
        ``(e) State Approval.--
                ``(1) In general.--Each local educational agency plan shall
            be filed according to a schedule established 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--
                        ``(A) will enable schools served under this part to
                    substantially help children served under this part meet
                    the standards expected of all children described in
                    section 1111(b)(1); and
                        ``(B) will meet the requirements of this
                    section.''.

    SEC. 107. ELIGIBLE SCHOOL ATTENDANCE AREAS.

        Section 1113(c) (20 U.S.C. 6313(c)) is amended by adding at the end
    the following:
                ``(4) Allocation for equitable service to private school
            students.--
                        ``(A) Calculation.--A local educational agency
                    shall have the final authority, consistent with section
                    1120 to calculate the number of private school
                    children, ages 5 through 17, who are low-income by--
                                ``(i) using the same measure of low-income
                            used to count public school children;
                                ``(ii) using the results of a survey that,
                            to the extent possible, protects the identity
                            of families of private school students and
                            allowing such survey results to be extrapolated
                            if complete actual data are not available; or
                                ``(iii) applying the low-income percentage
                            of each participating public school attendance
                            area, determined pursuant to this section, to
                            the number of private school children who
                            reside in that attendance area.
                        ``(B) Complaint process.--Any dispute regarding
                    low-income data on private school students shall be
                    subject to the complaint process authorized in section
                    10405.
                ``(5) School improvement reservation.--A local educational
            agency shall reserve such funds as are necessary under this
            part to meet such agency's school improvement responsibilities
            under section 1116, including taking corrective actions under
            section 1116(b)(9).''.

    SEC. 108. SCHOOLWIDE PROGRAMS.

        Section 1114 (20 U.S.C. 6314) is amended to read as follows:

    ``SEC. 1114. SCHOOLWIDE PROGRAMS.

        ``(a) Purpose.--The purpose of a schoolwide program under this
    section is--
                ``(1) to enable a local educational agency to consolidate
            funds under this part with other Federal, State, and local
            funds, to upgrade the entire educational program in a high
            poverty school; and
                ``(2) to help ensure that all children in such a school
            meet challenging State standards for student performance,
            particularly those children who are most at risk of not meeting
            those standards.
        ``(b) Use of Funds for Schoolwide Programs.--
                ``(1) In general.--A local educational agency may
            consolidate funds under this part, together with other Federal,
            State, and local funds, in order to upgrade the entire
            educational program of a school that serves an eligible school
            attendance area in which not less than 50 percent of the
            children are from low-income families, or not less than 50
            percent of the children enrolled in the school are from such
            families.
                ``(2) State assurances.--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 educational agency has established the statewide
            system of support and improvement required by subsections
            (c)(1) and (e) of section 1117.
                ``(3) Identification of students not required.--(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) Exemption from statutory and regulatory
            requirements.--(A) Except as provided in subsection (c), 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 (other than
            formula or discretionary grant programs under the Individuals
            with Disabilities Education Act, except as provided in section
            613(a)(2)(D) of such Act), or any discretionary grant program
            administered by the Secretary, 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, student and parental
            participation and involvement, services to private school
            children, maintenance of effort, 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.
                ``(C)(i) A school that consolidates funds from different
            Federal programs under this section shall not be required to
            maintain separate fiscal accounting records, by program, that
            identify the specific activities supported by those particular
            funds as long as it maintains records that demonstrate that the
            schoolwide program, considered as a whole addresses the intent
            and purposes of each of the Federal programs that were
            consolidated to support the schoolwide program.
                ``(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 (c)(1)(E) in accordance with section
            1119A for such fiscal year, except that a school may enter into
            a consortium with another school to carry out such activities.
        ``(c) 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 (including taking into account the needs
                    of migratory children as defined in section 1309(2))
                    that is based on information which includes 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) use effective methods and
                            instructional strategies that are based upon
                            scientifically based research that--
                                        ``(I) strengthen the core academic
                                    program in the school;
                                        ``(II) 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
                                        ``(III) include strategies for
                                    meeting the educational needs of
                                    historically underserved populations,
                                    including girls and women;
                                ``(iii)(I) address the needs of all
                            children in the school, but particularly the
                            needs of low-achieving children and those at
                            risk of not meeting the State student
                            performance standards who are members of the
                            target population of any program that is
                            included in the schoolwide program, which may
                            include incorporation of gender-equitable
                            methods and practices;
                                ``(II) address how the school will
                            determine if such needs have been met; and
                                ``(iv) are consistent with, and are
                            designed to implement, the State and local
                            improvement plans, if any.
                        ``(D) Instruction by fully qualified (as defined in
                    section 10001) teachers.
                        ``(E) In accordance with section 1119A, high
                    quality and ongoing professional development for
                    teachers and paraprofessionals, 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.
                        ``(F) Strategies to increase parental involvement
                    in accordance with section 1118, such as family
                    literary services.
                        ``(G) 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.
                        ``(H) Measures to assist teachers in the use of
                    State content and performance standards and the data
                    yielded by assessments described in section 1111(b)(4)
                    and other assessments in order to provide information
                    on, and to improve, the performance of individual
                    students and the overall instructional program.
                        ``(I) Activities to ensure that students who
                    experience difficulty mastering the proficient or
                    advanced levels of performance standards required by
                    section 1111(b) shall be provided with effective,
                    timely additional assistance which shall include
                    measures to ensure that students' difficulties are
                    identified on a timely basis and to provide sufficient
                    information on which to base effective assistance.
                ``(2) Plan.--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 on the day before the date
            of the enactment of the Excellence and Accountability in
            Education Act), a comprehensive plan for reforming the total
            instructional program in the school that--
                        ``(A) incorporates the components described in
                    paragraph (1);
                        ``(B) describes how the school will use resources
                    under this part and from other sources to implement
                    those components;
                        ``(C) includes a list of State and local
                    educational agency programs and other Federal programs
                    under subsection (b)(4) that will be consolidated in
                    the schoolwide program;
                        ``(D) 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 assessments required by
                    section 1111(b)(4) and in a format and, to the extent
                    practicable, in a language that they can understand;
                    and
                        ``(E) 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,
                    by children with disabilities as compared to other
                    students, and by economically disadvantaged students as
                    compared to students who are not economically
                    disadvantaged, except that such disaggregation shall
                    not be required in a case in which the number of
                    students in a category is insufficient to yield
                    statistically reliable information or the results would
                    reveal individually identifiable information about an
                    individual student.
                ``(3) Plan development.--The comprehensive plan shall be--
                        ``(A) developed during a 1-year period, unless--
                                ``(i) the local educational agency
                            determines that less time is needed to develop
                            and implement the schoolwide program; or
                                ``(ii) the school operated a schoolwide
                            program on the day preceding the date of the
                            enactment of the Excellence and Accountability
                            in Education Act, in which case such school may
                            continue to operate such program, but shall
                            develop amendments to its existing plan during
                            the first year of assistance under such Act to
                            reflect the provisions of this section;
                        ``(B) developed with the involvement of the
                    community to be served and individuals who will carry
                    out such plan, including teachers, principals,
                    administrators (including administrators of programs
                    described in other parts of this title), if appropriate
                    pupil services personnel, school staff and parents,
                    and, if the plan relates to a secondary school,
                    students from such school;
                        ``(C) in effect for the duration of the school's
                    participation under this part and reviewed and revised,
                    as necessary, by the school;
                        ``(D) available to the local educational agency,
                    parents, and the public, and the information contained
                    in such plan shall be provided in a format, and to the
                    extent practicable, in a language that they can
                    understand; and
                        ``(E) if appropriate, developed in coordination
                    with programs under the Reading Excellence Act, the
                    Carl D. Perkins Vocational and Technical Education Act
                    of 1998, the Head Start Act, and part B of this title.
        ``(d) Accountability.--A schoolwide program under this section
    shall be subject to the school improvement provisions of section 1116.
        ``(e) Prekindergarten Program.--A school that is eligible for a
    schoolwide program under this section may use funds made available
    under this title to establish or enhance prekindergarten programs for
    3-, 4-, and 5-year-old children, such as Even Start programs.''.

    SEC. 109. TARGETED ASSISTANCE SCHOOLS.

        (a) Fully Qualified Teacher.--Subsection (c)(1)(F) of section 1115
    (20 U.S.C. 6315(c)(1)(F)) is amended by striking ``highly qualified
    staff;'' and inserting ``fully qualified teachers (as defined in
    section 11001);''.
        (b) Integration of Professional Development.--Subsection (d) of
    section 1115 (20 U.S.C. 6515(d)) is amended to read as follows:
        ``(d) Integration of Professional Development.--To promote the
    integration of staff supported with funds under this part, public
    school personnel who are paid with funds received under this part may
    participate in general professional development and school planning
    activities.''.

    SEC. 110. SCHOOL CHOICE.

        Subsection (b) of section 1115A (20 U.S.C. 6316(b)) is amended by
    striking paragraphs (7) through (10) and inserting the following:
                ``(7) parents of eligible students in the local educational
            agency will be given prompt notice of the existence of the
            public school choice program and its availability to them, and
            a clear explanation of how the program will operate;
                ``(8) the program will include charter schools and any
            other public school and shall not include a school that is or
            has been identified as a school in school improvement or is or
            has been in corrective action for the past 2 consecutive years;
                ``(9) transportation services or the costs of
            transportation may be provided by the local educational agency
            with funds under this part; and
                ``(10) such local educational agency will comply with the
            other requirements of this part.''.

    SEC. 111. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND SCHOOL
                  IMPROVEMENT.

        (a) Local Review.--Section 1116(a) (20 U.S.C. 6317(a)) is amended--
                (1) in paragraph (2), by striking ``1111(b)(2)(A)(i)'' and
            inserting ``1111(b)(2)(B)'';
                (2) in paragraph (3), by striking ``individual school
            performance profiles'' and inserting ``school reports'';
                (3) in paragraph (3), by striking ``and'' after the
            semicolon;
                (4) in paragraph (4), by striking the period at the end and
            inserting ``; and''; and
                (5) by adding at the end the following:
                ``(5) review the effectiveness of the actions and
            activities the schools are carrying out under this part with
            respect to parental involvement assisted under this Act.''.
        (b) School Improvement.--Section 1116 (20 U.S.C. 6317) is amended
    by striking subsection (b) and by redesignating subsections (c) and (d)
    as subsections (b) and (c), respectively, and amending them to read as
    follows:
        ``(b) School Improvement.--
                ``(1) In general.--A local educational agency shall
            identify for school improvement any school served under this
            part that--
                        ``(A) for 2 consecutive years failed to make
                    adequate yearly progress as defined in the State's plan
                    under section 1111(b)(2); or
                        ``(B) was in school improvement status under this
                    section on the day preceding the date of the enactment
                    of the Excellence and Accountability in Education Act.
                ``(2) Transition.--The 2-year period described in paragraph
            (1)(A) shall include any continuous period of time immediately
            preceding the date of the enactment of the Excellence and
            Accountability in Education Act during which a school did not
            make adequate yearly progress as defined in the State's plan,
            as such plan was in effect on the day preceding the date of
            such enactment.
                ``(3) Targeted assistance schools.--To determine if a
            school that is conducting a targeted assistance program under
            section 1115 should be identified as in need of improvement
            under this subsection, a local educational agency may choose to
            review the progress of only those students in such school who
            are served under this part.
                ``(4) Opportunity to review and present evidence.--
                        ``(A) In general.--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 the proposed identification
                    is based.
                ``(B) Supporting evidence.--If the school principal
            believes that the proposed identification is in error for
            statistical or other substantive reasons, the principal may
            provide supporting evidence to the local educational agency,
            which such agency shall consider before making a final
            determination.
                ``(5) Notification to parents.--A local educational agency
            shall, in an easily understandable format, provide in writing
            to parents of each student in a school identified for school
            improvement--
                        ``(A) an explanation of what the school improvement
                    identification means and how the school compares in
                    terms of academic performance to other schools in the
                    local educational agency and State;
                        ``(B) the reasons for such identification;
                        ``(C) the data on which such identification is
                    based;
                        ``(D) an explanation of what the school is doing to
                    address the problem of low achievement;
                        ``(E) an explanation of how parents can become
                    involved in upgrading the quality of the school;
                        ``(F) an explanation of the right of parents,
                    pursuant to paragraph (6), to transfer their child to
                    another public school, including a public charter
                    school, that is not in school improvement, and how such
                    transfer shall operate; and
                        ``(G) notification to parents in a format and, to
                    the extent practicable, in a language they can
                    understand.
                ``(6) Public school choice option.--
                        ``(A) Schools identified for improvement.--After
                    the date of the enactment of the Excellence and
                    Accountability in Education Act, a local educational
                    agency shall provide all students enrolled in a school
                    identified for school improvement with an option to
                    transfer to any other public school within the local
                    educational agency or any public school consistent with
                    subparagraph (C), including a public charter school
                    that has not been identified for school improvement,
                    unless such option to transfer is prohibited by State
                    law, or local law, which includes school board-approved
                    local educational agency policy.
                        ``(B) Capacity.--If a local educational agency
                    described in subparagraph (A) demonstrates to the
                    satisfaction of the State educational agency that such
                    local educational agency lacks the capacity to provide
                    all students with the option to transfer described in
                    subparagraph (A), and after giving notice to the
                    parents of children affected that it is not possible,
                    consistent with State and local law, to accommodate the
                    transfer request of every student, the local
                    educational agency shall permit as many students as
                    possible (who shall be selected by the local
                    educational agency on an equitable basis) to transfer
                    to a public school that has not been identified for
                    school improvement under section 1116(b).
                        ``(C) Cooperative agreement.--If all public schools
                    in the local educational agency to which a child may
                    transfer to, are identified for school improvement, the
                    agency shall, to the extent practicable, establish a
                    cooperative agreement with other local educational
                    agencies in the area for the transfer.
                        ``(D) Transportation.--The local educational agency
                    in which the schools have been identified for
                    improvement may use up to 10 percent of the funds
                    received under this part to provide transportation to
                    students whose parents choose to transfer their child
                    or children to a different school.
                        ``(E) Waiver.--A local educational agency using
                    funds received under this part for transportation
                    consistent with subparagraph (D) may request to waiver
                    of the limit of the use of such funds described in
                    subparagraph (D) from the Secretary.
                        ``(F) Continue option.--Once a school is no longer
                    identified for school improvement, the local
                    educational agency may continue to provide public
                    school choice as an option to students in such school
                    for a period of not less than 2 years.
                ``(7) School plan.--
                        ``(A) In general.--Each school identified under
                    paragraph (1) for school improvement shall, not later
                    than 3 months after being so identified, develop or
                    revise a school plan, in consultation with parents,
                    school staff, the local educational agency, and other
                    outside experts for approval by the local educational
                    agency. Such plan shall--
                        ``(i) incorporate scientifically based research
                    strategies that strengthen the core academic program in
                    the school;
                        ``(ii) adopt policies that have the greatest
                    likelihood of improving the performance of
                    participating children in meeting the State's student
                    performance standards;
                        ``(iii) address the professional development needs
                    of staff, particularly teachers and principals;
                        ``(iv) establish specific goals and objectives the
                    school will undertake for making adequate yearly
                    progress which include specific numerical performance
                    goals and targets for each of the groups of students
                    identified in the disaggregated data pursuant to
                    section 1111(b)(2), consistent with section
                    1111(b)(2)(B);
                        ``(v) identify how the school will provide written
                    notification to parents, in a format and to the extent
                    practicable in a language such parents can understand;
                    and
                        ``(vi) specify the responsibilities of the local
                    educational agency and the school under the plan.
                ``(B) Conditional approval.--A local educational agency may
            condition approval of a school plan on inclusion of one or more
            of the corrective actions specified in paragraph (9).
                ``(C) Implementation.--A school shall implement its plan or
            revised plan expeditiously, but not later than the beginning of
            the school year after which the school has been identified for
            improvement.
                ``(D) Review.--The local educational agency shall promptly
            review the plan, work with the school as necessary, and approve
            the plan if it meets the requirements of this section.
                ``(8) Technical assistance.--
                        ``(A) In general.--For each school identified for
                    school improvement under paragraph (1), the local
                    educational agency shall provide technical assistance
                    as the school develops and implements its plan.
                ``(B) Specific technical assistance.--Such technical
            assistance--
                        ``(i) shall include effective methods and
                    instructional strategies that are based upon
                    scientifically based research that strengthens the core
                    academic program in the school and addresses the
                    specific elements of student performance problems in
                    the school;
                        ``(ii) 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 (as such center was in
                    existence prior to the date of the enactment of
                    Excellence and Accountability in Education Act), or
                    other entities with experience in helping schools
                    improve achievement.
                ``(C) Technical assistance.--Technical assistance provided
            under this section by the local educational agency or an entity
            authorized by such agency shall be based upon scientifically
            based research.
                ``(9) Corrective action.--In order to help students served
            under this part meet challenging State standards, each local
            educational agency shall implement a system of corrective
            action in accordance with the following:
                        ``(A) In general.--After providing technical
                    assistance under paragraph (8) and subject to
                    subparagraph (F), the local educational agency--
                                ``(i) may take corrective action at any
                            time with respect to a school that has been
                            identified under paragraph (1);
                                ``(ii) shall take corrective action with
                            respect to any school that fails to make
                            adequate yearly progress, as defined by the
                            State, after the end of the second year
                            following its identification under paragraph
                            (1); and
                                ``(iii) shall continue to provide technical
                            assistance while instituting any corrective
                            action under clause (i) or (ii).
                        ``(B) Definition.--As used in this paragraph, the
                    term `corrective action' means action, consistent with
                    State and local law, that--
                                ``(i) substantially and directly responds
                            to the consistent academic failure that caused
                            the local educational agency to take such
                            action and to any underlying staffing,
                            curricular, or other problems in the school;
                            and
                                ``(ii) is designed to substantially
                            increase the likelihood that students will
                            perform at the proficient and advanced
                            performance levels.
                        ``(C) Certain schools.--In the case of a school
                    described in subparagraph (A)(ii), the local
                    educational agency shall take not less than 1 of the
                    following corrective actions:
                                ``(i) Withhold funds from the school.
                                ``(ii) Decrease decisionmaking authority at
                            the school level.
                                ``(iii) Make alternative governance
                            arrangements, including reopening the school as
                            a public charter school.
                                ``(iv) Reconstitute the school by requiring
                            each person employed at the school to reapply
                            for future employment at the same school or for
                            any position in the local educational agency.
                                ``(v) Authorize students to transfer to
                            other higher performing public schools served
                            by the local educational agency, including
                            public charter schools, and provide such
                            students transportation (or the costs of
                            transportation) to such schools in conjunction
                            with not less than 1 additional action
                            described under this subparagraph.
                                ``(vi) Institute and fully implement a new
                            curriculum, including appropriate professional
                            development for all relevant staff, that is
                            based upon scientifically based research and
                            offers substantial promise of improving
                            educational achievement for low-performing
                            students.
                        ``(D) Implementation delay.--A local educational
                    agency may delay, for a period not to exceed 1 year,
                    implementation of corrective action only if the failure
                    to make adequate yearly progress was justified due to
                    exceptional or uncontrollable circumstances such as a
                    natural disaster or a precipitous and unforeseen
                    decline in the financial resources of the local
                    educational agency or school.
                        ``(E) Publication.--The local educational agency
                    shall publish, and disseminate to the public and to
                    parents in a format and, to the extent practicable, in
                    a language that they can understand, any corrective
                    action it takes under this paragraph through such means
                    as the Internet, the media, and public agencies.
                        ``(F) Review.--(i) Before taking corrective action
                    with respect to any school under this paragraph, a
                    local educational agency shall provide the school an
                    opportunity to review the school level data, including
                    assessment data, on which the proposed determination is
                    made.
                        ``(ii) If the school believes that the proposed
                    determination is in error for statistical or other
                    substantive reasons, it may provide supporting evidence
                    to the local educational agency, which shall consider
                    such evidence before making a final determination.
                ``(10) State educational agency responsibilities.--If a
            State educational agency determines that a local educational
            agency failed to carry out its responsibilities under this
            section, it shall take such action as it finds necessary,
            consistent with this section, to improve the affected schools
            and to ensure that the local educational agency carries out its
            responsibilities under this section.
        ``(c) 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 yearly progress as
                    defined in section 1111(b)(2) 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 consistent with section 1111, including
                    statistically sound disaggregated results, as required
                    by section 1111(b)(2).
                ``(2) Identification of local educational agency for
            improvement.--A State educational agency shall identify for
            improvement any local educational agency that--
                        ``(A) for 2 consecutive years failed to make
                    adequate yearly progress as defined in the State's plan
                    under section 1111(b)(2); or
                        ``(B) was in improvement status under this section
                    as this section was in effect on the day preceding the
                    date of the enactment of the Excellence and
                    Accountability in Education Act.
                ``(3) Transition.--The 2-year period described in paragraph
            (2)(A) shall include any continuous period of time immediately
            preceding the date of the enactment of the Excellence and
            Accountability in Education Act, during which a local
            educational agency did not make adequate yearly progress as
            defined in the State's plan, as such plan was in effect on the
            day preceding the date of such enactment.
                ``(4) Targeted assistance schools.--For purposes of
            targeted assistance schools in a local educational agency, a
            State educational agency may choose to review the progress of
            only the students in such schools who are served under this
            part.
                ``(5) Opportunity to review and present evidence.--
                        ``(A) Review.--Before identifying a local
                    educational agency for improvement under paragraph (2),
                    a State educational agency shall provide the local
                    educational agency with an opportunity to review the
                    local educational agency data, including assessment
                    data, on which that proposed identification is based.
                ``(B) Supporting evidence.--If the local educational agency
            believes that the proposed identification is in error for
            statistical or other substantive reasons, it may provide
            supporting evidence to the State educational agency, which such
            agency shall consider before making a final determination.
                ``(6) Notification to parents.--The State educational
            agency shall promptly notify parents in a format, and to the
            extent practicable in a language they can understand, of each
            student enrolled in a school in a local educational agency
            identified for improvement, of the reasons for such agency's
            identification and how parents can participate in upgrading the
            quality of the local educational agency.
                ``(7) Local educational agency revisions.--
                        ``(A) Plan.--Each local educational agency
                    identified under paragraph (2) shall, not later than 3
                    months after being so identified, develop or revise a
                    local educational agency plan, in consultation with
                    parents, school staff, and others. Such plan shall--
                        ``(i) incorporate scientifically based research
                    strategies that strengthen the core academic program in
                    the local educational agency;
                        ``(ii) identify specific goals and objectives the
                    local educational agency will undertake to make
                    adequate yearly progress and which--
                                ``(I) have the greatest likelihood of
                            improving the performance of participating
                            children in meeting the State's student
                            performance standards;
                                ``(II) address the professional development
                            needs of staff; and
                                ``(III) include specific numerical
                            performance goals and targets for each of the
                            groups of students identified in the
                            disaggregated data pursuant to section
                            1111(b)(2) consistent with section
                            1111(b)(2)(B);
                        ``(iii) identify how the local educational agency
                    will provide written notification to parents in a
                    format, and to the extent practicable in a language,
                    that they can understand, pursuant to paragraph (6);
                    and
                        ``(iv) specify the responsibilities of the State
                    educational agency and the local educational agency
                    under the plan.
                ``(B) Implementation.--The local educational agency shall
            implement its plan or revised plan expeditiously, but not later
            than the beginning of the school year after which the school
            has been identified for improvement.
                ``(8) State educational agency responsibility.--
                        ``(A) In general.--For each local educational
                    agency identified under paragraph (2), the State
                    educational agency shall provide technical or other
                    assistance, if requested, as authorized under section
                    1117, to better enable the local educational agency--
                                ``(i) to develop and implement its revised
                            plan as approved by the State educational
                            agency consistent with the requirements of this
                            section; and
                                ``(ii) to work with schools needing
                            improvement.
                        ``(B) Technical assistance.--Technical assistance
                    provided under this section by the State educational
                    agency or an entity authorized by such agency shall be
                    based upon scientifically based research.
                ``(9) Corrective action.--In order to help students served
            under this part meet challenging State standards, each State
            educational agency shall implement a system of corrective
            action in accordance with the following:
                        ``(A) In general.--After providing technical
                    assistance under paragraph (8) and subject to
                    subparagraph (D), the State educational agency--
                                ``(i) may take corrective action at any
                            time with respect to a local educational agency
                            that has been identified under paragraph (2);
                                ``(ii) shall take corrective action with
                            respect to any local educational agency that
                            fails to make adequate yearly progress, as
                            defined by the State, after the end of the
                            second year following its identification under
                            paragraph (2); and
                                ``(iii) shall continue to provide technical
                            assistance while instituting any corrective
                            action under clause (i) or (ii).
                        ``(B) Definition.--As used in this paragraph, the
                    term `corrective action' means action, consistent with
                    State law, that--
                                ``(i) substantially and directly responds
                            to the consistent academic failure that caused
                            the State educational agency to take such
                            action and to any underlying staffing,
                            curricular, or other problems in the school;
                            and
                                ``(ii) is designed to meet the goal of
                            having all students served under this part
                            perform at the proficient and advanced
                            performance levels.
                        ``(C) Certain local educational agencies.--In the
                    case of a local educational agency described in this
                    paragraph, the State educational agency shall take not
                    less than 1 of the following corrective actions:
                                ``(i) Withhold funds from the local
                            educational agency.
                                ``(ii) Reconstitute school district
                            personnel.
                                ``(iii) Remove particular schools from the
                            jurisdiction of the local educational agency
                            and establish alternative arrangements for
                            public governance and supervision of such
                            schools.
                                ``(iv) Appoint, through the State
                            educational agency, a receiver or trustee to
                            administer the affairs of the local educational
                            agency in place of the superintendent and
                            school board.
                                ``(v) Abolish or restructure the local
                            educational agency.
                                ``(vi) Authorize students to transfer from
                            a school operated by a local educational agency
                            to a higher performing public school operated
                            by another local educational agency, or to a
                            public charter school and provide such students
                            transportation (or the costs of transportation
                            to such schools, in conjunction with not less
                            than 1 additional action described under this
                            paragraph.
                        ``(D) Hearing.--Prior to implementing any
                    corrective action, the State educational agency shall
                    provide due process and a hearing to the affected local
                    educational agency, if State law provides for such
                    process and hearing.
                        ``(E) Publication.--The State educational agency
                    shall publish, and disseminate to parents and the
                    public any corrective action it takes under this
                    paragraph through such means as the Internet, the
                    media, and public agencies.
                        ``(F) Delay.--A local educational agency may delay,
                    for a period not to exceed 1 year, implementation of
                    corrective action if the failure to make adequate
                    yearly progress was justified due to exceptional or
                    uncontrollable circumstances such as a natural disaster
                    or a precipitous and unforeseen decline in the
                    financial resources of the local educational agency or
                    school.''.

    SEC. 112. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.

        Section 1117 (20 U.S.C. 6318) is amended to read as follows:

    ``SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND IMPROVEMENT.

        ``(a) System for Support.--Each State educational agency shall
    establish a statewide system of intensive and sustained support and
    improvement for local educational agencies and schools receiving funds
    under this part, in order to increase the opportunity for all students
    in those agencies and schools to meet the State's content standards and
    student performance standards.
        ``(b) Priorities.--In carrying out this section, a State
    educational agency shall--
                ``(1) first, provide support and assistance to local
            educational agencies subject to corrective action under section
            1116 and assist schools, in accordance with section
            1116(b)(10), for which a local educational agency has failed to
            carry out its responsibilities under paragraph (8) or (9) of
            section 1116(b);
                ``(2) second, provide support and assistance to other local
            educational agencies identified as in need of improvement under
            section 1116; and
                ``(3) third, provide support and assistance to other local
            educational agencies and schools participating under this part
            that need that support and assistance in order to achieve the
            purpose of this part.
        ``(c) Approaches.--In order to achieve the purpose described in
    subsection (a), each such system shall provide technical assistance and
    support through such approaches as--
                ``(1) school support teams, composed of individuals who are
            knowledgeable about scientifically based research and practice
            on teaching and learning, particularly about strategies for
            improving educational results for low-achieving children; and
                ``(2) the designation and use of ``Distinguished
            Educators'', chosen from schools served under this part that
            have been especially successful in improving academic
            achievement.
        ``(d) Funds.--Each State educational agency shall use funds
    reserved under section 1002(f) and authorized under section 1002(i) for
    such purpose.
        ``(e) Alternatives.--The State may devise additional approaches to
    providing the assistance described in paragraphs (1) and (2) 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 made available under section 1002(h) for such approaches as part
    of the State plan.''.

    SEC. 113. ACADEMIC ACHIEVEMENT AWARDS PROGRAM; IMPROVING STATE
                  ASSESSMENTS.

        Subpart 1 of part A of title I is amended by inserting after
    section 1117 the following:

    ``SEC. 1117A. ACADEMIC ACHIEVEMENT AWARDS PROGRAM.

        ``(a) Establishment of Academic Achievement Awards Program.--
                ``(1) In general.--Each State receiving a grant under this
            part shall establish a program for making academic achievement
            awards to recognize and financially reward schools served under
            this part that have--
                        ``(A) significantly closed the achievement gap
                    between the groups of students defined in section
                    1111(b)(2); or
                        ``(B) exceeded their adequate yearly progress
                    goals, consistent with section 1111(b)(2), for 2 or
                    more consecutive years.
                ``(2) Awards to teachers.--A State program under paragraph
            (1) shall also recognize and provide financial awards to
            teachers teaching in a school described in such paragraph whose
            students consistently make significant gains in academic
            achievement in the areas in which the teacher provides
            instruction over multiple academic years.
        ``(b) Funding.--
                ``(1) Reservation of funds by state.--For the purpose of
            carrying out this section, each State receiving a grant under
            this part shall reserve, from the amount (if any) by which the
            funds received by the State under this part for a fiscal year
            exceed the amount received by the State under this part for the
            preceding fiscal year, not more than 25 percent of such excess
            amount.
                ``(2) Use within 3 years.--Notwithstanding any other
            provision of law, the amount reserved under paragraph (1) by a
            State for each fiscal year shall remain available to the State
            until expended for a period not exceeding 3 years.
                ``(3) Special allocation rule for schools in high-poverty
            areas.--
                        ``(A) In general.--Each State receiving a grant
                    under this part shall distribute at least 85 percent of
                    the amount reserved under paragraph (1) for each fiscal
                    year to schools described in subparagraph (B), or to
                    teachers teaching in such schools.
                        ``(B) Schools described.--A school described in
                    subparagraph (A) is a school whose student population
                    is in the highest quartile of schools statewide in
                    terms of the percentage of children eligible for free
                    and reduced priced lunches under the Richard B. Russell
                    National School Lunch Act.

    ``SEC. 1117B. GRANTS FOR THE IMPROVEMENT OF STATE ASSESSMENT SYSTEMS.

        ``(a) Purpose.--The purpose of this section is to enable States to
    improve the quality and fairness of State assessments systems and to
    ensure that they accurately measure how well all children are achieving
    challenging State student performance standards.
        ``(b) Program Authorized.--The Secretary is authorized to award
    grants, in an amount not less than $500,000, to State educational
    agencies with final assessments systems that have been reviewed by the
    Secretary and approved as having deemed to be in full compliance with
    section 1111(b)(4).
        ``(c) Authorization of Appropriations.--There are authorized to be
    appropriated, $100,000,000 for fiscal year 2002 and such sums as may be
    necessary for each of the 4 succeeding fiscal years, to carry out this
    section.
        ``(d) Application.--In order to receive a grant under this section
    for any fiscal year, a State educational agency shall submit, at such
    time and containing such information as the Secretary may require, an
    application to the Secretary for approval.
        ``(e) Authorized Uses of Funds.--States having an approved
    application under subsection (d) may use grant funds for the purpose
    of--
                ``(1) assuring the continued validity and reliability of
            State assessments;
                ``(2) refining the assessments to ensure their continued
            alignment with the State's content standards;
                ``(3) providing for multiple measures to increase the
            reliability and validity of student and school classifications
            that have high stakes consequences;
                ``(4) strengthening the capacity of local educational
            agencies and schools to provide all students the opportunity to
            increase educational achievement and to ensure fairness and
            equitable treatment in testing;
                ``(5) expanding the range of accommodations available to
            limited English proficient students and students with
            disabilities to improve rates of inclusion and to include
            instructional material development and modified assessment
            practices that are culturally and ability appropriate,
            respectively;
                ``(6) improving the alignment of curricula and instruction
            materials with the State content standards and State
            performance standards;
                ``(7) enhancing opportunities for professional development
            for teachers that include--
                        ``(A) improving the capability of teachers to be
                    proficient in sound classroom assessment and
                    knowledgeable in State content and performance
                    standards and assessments; and
                        ``(B) improving the capability of teachers to
                    provide high quality instruction within the content
                    areas;
                ``(8) providing for the collection of performance data for
            children in grades K-2--
                        ``(A) for early diagnosis of children's needs;
                        ``(B) to evaluate program effectiveness;
                        ``(C) to guide curriculum and instruction; or
                        ``(D) to provide information that can be used to
                    measure school and local educational agency progress;
                ``(9) expanding the range of valid and reliable assessments
            to other academic subjects such as science, history, geography,
            foreign languages, the arts, civic and government, and
            economics; and
                ``(10) improving the dissemination of information on
            student achievement and school performance to parents and the
            community.''.

    SEC. 114. PARENTAL INVOLVEMENT CHANGES.

        (a) Local Educational Agency Policy.--Subsection (a) of section
    1118 (20 U.S.C. 6319(a)) is amended--
                (1) in paragraph (1), by striking ``programs, activities,
            and procedures'' and inserting ``activities and procedures''.
                (2) in paragraph (2) by striking subparagraphs (E) and (F)
            and inserting the following:
                        ``(E) conduct, with the involvement of parents, an
                    annual evaluation of the content and effectiveness of
                    the parental involvement policy in improving the
                    academic quality of the schools served under this part;
                        ``(F) involve parents in efforts to improve
                    academics in schools served under this part; and
                        ``(G) promote consumer friendly environments at the
                    local educational agency and schools served under this
                    part.'';
                (3) in paragraph (3) by adding at the end the following new
            subparagraph:
                ``(C) Not less than 90 percent of the funds reserved under
            subparagraph (A) shall be distributed to schools served under
            this part.''.
        (b) Notice.--Paragraph (1) of section 1118(b) (20 U.S.C.
    6319(b)(1)) is amended by inserting after the first sentence the
    following: ``Parents shall be notified of the policy in a format, and
    to the extent practicable, in a language that they can understand.''.
        (c) Parental Involvement.--Paragraph (4) of section 1118(c) (20
    U.S.C. 6319(c)(4)) is amended--
                (1) in subparagraph (B), by striking ``performance profiles
            required under section 1116(a)(3)'' and inserting ``school
            reports required under section 1111'';
                (2) by redesignating subparagraphs (D) and (E) as
            subparagraphs (F) and (G), respectively;
                (3) by inserting after subparagraph (C) the following new
            subparagraphs:
                        ``(D) notice of the schools' identification as a
                    school in school improvement under section 1116(b), if
                    applicable, and a clear explanation of what such
                    identification means;
                        ``(E) notice of the corrective action that has been
                    taken against the school under section 1116(b)(9) and
                    1116(c)(9), if applicable, and a clear explanation of
                    what such action means;''; and
                (4) in subparagraph (G) (as so redesignated), by striking
            ``subparagraph (D)'' and inserting ``subparagraph (F)''.
        (d) Building Capacity for Involvement.--Subsection (e) of section
    1118 (20 U.S.C 6319(e)) is amended to read as follows:
        ``(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 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 conduct other activities, as appropriate and
            feasible, such as parent resource centers and opportunities for
            parents to learn how to become full partners in the education
            of their children;
                ``(6) 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;
                ``(7) shall provide such other reasonable support for
            parental involvement activities under this section as parents
            may request;
                ``(8) shall expand the use of electronic communications
            among teachers, students, and parents, such as through the use
            of websites and e-mail communications;
                ``(9) 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 in a format, and to
            the extent practicable, in a language the parent can
            understand;
                ``(10) 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;
                ``(11) 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;
                ``(12) may train and support parents to enhance the
            involvement of other parents;
                ``(13) 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;
                ``(14) 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;
                ``(15) may adopt and implement model approaches to
            improving parental involvement, such as Even Start;
                ``(16) may establish a district-wide parent advisory
            council to advise on all matters related to parental
            involvement in programs supported under this part; and
                ``(17) may 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.''.
        (e) Accessibility.--Subsection (f) of section 1118 (20 U.S.C.
    6319(f)) is amended to read as follows:
        ``(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 and parents of migratory children, including providing
    information and school reports required under section 1111 in a format,
    and to the extent practicable, in a language such parents
    understand.''.

    SEC. 115. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

        Section 1119 (20 U.S.C. 6301) is amended to read as follows:

    ``SEC. 1119. QUALIFICATIONS FOR TEACHERS AND PARAPROFESSIONALS.

        ``(a) Teachers.--
                ``(1) In general.--Each local educational agency receiving
            assistance under this part shall ensure that all teachers hired
            on or after the effective date of the Excellence and
            Accountability in Education Act and teaching in a program
            supported with funds under this part are fully qualified.
                ``(2) Plan.--Each State receiving assistance under this
            part shall develop and submit to the Secretary, not later than
            1 year after the date of the enactment of the Excellence and
            Accountability in Education Act, a plan to ensure that all
            teachers teaching within the State are fully qualified not
            later than December 31, 2005. Such plan shall include an
            assurance that the State will require each local educational
            agency and school receiving funds under this part publicly to
            report their annual progress on the agency's and the school's
            performance in increasing the percentage of classes in core
            academic areas taught by fully qualified teachers.
        ``(b) New Paraprofessionals.--
                ``(1) In general.--Each local educational agency receiving
            assistance under this part shall ensure that all
            paraprofessionals hired 1 year or more after the effective date
            of the Excellence and Accountability in Education Act and
            working in a program supported with funds under this part
            shall--
                        ``(A) have completed at least 2 years of study at
                    an institution of higher education;
                        ``(B) have obtained an associate's (or higher)
                    degree; or
                        ``(C) have met a rigorous standard of quality that
                    demonstrates, through a formal State or local
                    assessment--
                                ``(i) knowledge of, and the ability to
                            assist in instructing reading, writing, and
                            math; or
                                ``(ii) knowledge of, and the ability to
                            assist in instructing reading readiness,
                            writing readiness, and math readiness, as
                            appropriate.
                ``(2) Clarification.--For purposes of paragraph (1)(C), the
            receipt of a high school diploma (or its recognized equivalent)
            shall be necessary but not by itself sufficient to satisfy the
            requirements of such paragraph.
                ``(3) Certification.--The requirement of paragraph (1)(C)
            may be included as part of a State of local educational agency
            certification program for paraprofessionals.
        ``(c) Existing Paraprofessionals.--Each local educational agency
    receiving assistance under this part shall ensure that all
    paraprofessionals hired before the date that is 1 year after the
    effective date of the Excellence and Accountability in Education Act
    and working in a program supported with funds under this part shall,
    not later than 3 years after such effective date, satisfy the
    requirements of subsection (b).
        ``(d) Exceptions for Translation and Parental Involvement
    Activities.--Subsections (b) and (c) shall not apply to a
    paraprofessional--
                        ``(A) who is proficient in English and a language
                    other than English and who provides services primarily
                    to enhance the participation of children in programs
                    under this part by acting as a translator; or
                        ``(B) whose duties consist solely of conducting
                    parental involvement activities consistent with section
                    1118.
        ``(e) General Requirement for All Paraprofessionals.--Each local
    educational agency receiving assistance under this part shall ensure
    that all paraprofessionals working in a program supported with funds
    under this part, regardless of the paraprofessional's hiring date,
    possess a high school diploma or its recognized equivalent.
        ``(f) Duties of Paraprofessionals.--
                ``(1) In general.--Each local educational agency receiving
            assistance under this part shall ensure that a paraprofessional
            working in a program supported with funds under this part is
            not assigned a duty inconsistent with this subsection.
                ``(2) Responsibilities paraprofessionals may be assigned.--
            A paraprofessional described in paragraph (1) may only be
            assigned--
                        ``(A) to provide one-on-one tutoring for eligible
                    students, if the tutoring is scheduled at a time when a
                    student would not otherwise receive instruction from a
                    teacher;
                        ``(B) to assist with classroom management, such as
                    organizing instructional and other materials;
                        ``(C) to provide assistance in a computer
                    laboratory;
                        ``(D) to conduct parental involvement activities;
                        ``(E) to provide support in a library or media
                    center;
                        ``(F) to act as a translator; or
                        ``(G) to provide supplementary instructional
                    services to students;
                ``(3) Additional limitations.--A paraprofessional described
            in paragraph (1)--
                        ``(A) may not provide any instructional service to
                    a student unless the paraprofessional is working under
                    the direct supervision of a fully qualified teacher;
                    and
                        ``(B) may not provide instructional services to
                    students in the area of reading, writing, or math
                    unless the paraprofessional has demonstrated, through a
                    State or local assessment, the ability effectively to
                    carry out reading, writing, or math instruction.
        ``(g) Use of Funds.--
                ``(1) Professional development.--A local educational agency
            receiving funds under this part may use such funds to support
            ongoing training and professional development to assist
            teachers and paraprofessionals in satisfying the requirements
            of this section.
                ``(2) Limitation on use of funds for paraprofessionals.--
                        ``(A) In general.--Beginning on and after the
                    effective date of the Excellence and Accountability in
                    Education Act, a local educational agency may not use
                    funds received under this part to fund any
                    paraprofessional hired after such date unless the
                    hiring is to fill a vacancy created by the departure of
                    another paraprofessional funded under this part and
                    such new paraprofessional satisfies the requirements of
                    subsection (b) or (c).
                        ``(B) Exception.--Subparagraph (A) shall not apply
                    for a fiscal year to a local educational agency that
                    can demonstrate to the State that all teachers under
                    the jurisdiction of the agency are fully qualified.
        ``(h) Verification of Compliance.--
                ``(1) In general.--In verifying compliance with this
            section, each local educational agency at a minimum shall
            require that the principal of each school operating a program
            under section 1114 or 1115 annually attest in writing as to
            whether such school is in compliance with the requirements of
            this section.
                ``(2) Availability of information.--Copies of attestations
            under paragraph (1)--
                        ``(A) shall be sent to the Secretary and maintained
                    at each school operating a program under section 1114
                    or 1115 and at the main office of the local educational
                    agency; and
                        ``(B) shall be available to any member of the
                    general public upon request.''.

    SEC. 116. PROFESSIONAL DEVELOPMENT.

        Subpart 1 of part A of title I (20 U.S.C. 6311 et seq.) is amended
    by inserting after section 1119 the following:

    ``SEC. 1119A. PROFESSIONAL DEVELOPMENT.

        ``(a) Purpose.--The purpose of this section is to assist each local
    educational agency receiving assistance under this part in increasing
    the academic achievement of eligible children (as defined in section
    1115(b)(1)(B)) through improved teacher quality.
        ``(b) Professional Development Activities.--
                ``(1) Required activities.--Professional development
            activities under this section shall--
                        ``(A) support professional development activities
                    that give teachers, principals, and administrators the
                    knowledge and skills to provide students with the
                    opportunity to meet challenging State or local content
                    standards and student performance standards;
                        ``(B) support the recruiting, hiring, and training
                    of fully qualified teachers, including teachers fully
                    qualified through State and local alternative routes;
                        ``(C) advance teacher understanding of effective
                    instructional strategies based on scientifically based
                    research for improving student achievement, at a
                    minimum, in reading or language arts and mathematics;
                        ``(D) be directly related to the curriculum and
                    content areas in which the teacher provides
                    instruction;
                        ``(E) be designed to enhance the ability of a
                    teacher to understand and use the State's standards for
                    the subject area in which the teacher provides
                    instruction;
                        ``(F) be tied to scientifically based research
                    demonstrating the effectiveness of such professional
                    development activities or programs in increasing
                    student achievement or substantially increasing the
                    knowledge and teaching skills of teachers;
                        ``(G) be of sufficient intensity and duration (not
                    to include 1-day or short-term workshops and
                    conferences) to have a positive and lasting impact on
                    the teacher's performance in the classroom, except that
                    this paragraph shall not apply to an activity if such
                    activity is 1 component of a long-term comprehensive
                    professional development plan established by the
                    teacher and the teacher's supervisor based upon an
                    assessment of their needs, their students' needs, and
                    the needs of the local educational agency;
                        ``(H) be developed with extensive participation of
                    teachers, principals, parents, and administrators of
                    schools to be served under this part;
                        ``(I) to the extent appropriate, provide training
                    for teachers in the use of technology so that
                    technology and its applications are effectively used in
                    the classroom to improve teaching and learning in the
                    curriculum and academic content areas in which the
                    teachers provide instruction;
                        ``(J) as a whole, be regularly evaluated for their
                    impact on increased teacher effectiveness and improved
                    student achievement, with the findings of such
                    evaluations used to improve the quality of professional
                    development; and
                        ``(K) 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 data and
                    assessments to inform and instruct classroom practice;
                        ``(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,
                    but only if each such institution of higher education
                    meets the reporting requirements of section 207 of the
                    Higher Education Act of 1965 (20 U.S.C. 1027) and its
                    teacher preparation program has not been identified by
                    their State as low-performing under such Act;
                        ``(D) 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;
                        ``(E) instruction in ways to teach special needs
                    children;
                        ``(F) instruction in the ways that teachers,
                    principals, and guidance counselors can work with
                    parents and students from groups, such as females and
                    minorities which are under represented in careers in
                    mathematics, science, engineering, and technology, to
                    encourage and maintain the interest of such students in
                    these careers;
                        ``(G) joint professional development activities
                    involving programs under this part, Head Start, Even
                    Start, or State-run preschool program personnel;
                        ``(H) instruction in experiential-based teaching
                    methods such as service or applied learning;
                        ``(I) mentoring programs focusing on changing
                    teacher behaviors and practices to help novice
                    teachers, including teachers who are members of a
                    minority group, develop and gain confidence in their
                    skills, to increase the likelihood that they will
                    continue in the teaching profession, and generally to
                    improve the quality of their teaching; and
                        ``(J) instruction in gender-equitable methods,
                    techniques, and practices.
        ``(c) Program Participation.--Each local educational agency
    receiving assistance under this part may 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, but only if each such institution of higher education
    meets the reporting requirements of section 207 of the Higher Education
    Act of 1965 (20 U.S.C. 1027) and its teacher preparation program has
    not been identified by their State as low-performing under such Act.
        ``(f) Consolidation of Funds.--Funds provided under this part that
    are used for professional development purposes may be consolidated with
    funds provided under title II of this Act and other sources.
        ``(g) 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(c)(9).''.

    SEC. 117. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE SCHOOLS.

        (a) General Requirement.--Subsection (a) of section 1120 (20 U.S.C.
    6321(a)) is amended to read as follows:
        ``(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) that address their needs,
            and shall ensure that teachers and families of these students
            participate, on an equitable basis, in services and activities
            developed pursuant to sections 1118 and 1119A.
                ``(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, and shall be provided in a
            timely manner.
                ``(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, which the local
            educational agency may determine each year or every 2 years.
                ``(5) Provision of services.--The local educational agency
            shall provide services under this section directly or through
            contracts with public and private agencies, organizations, and
            institutions.''.
        (b) Consultation.--Subsection (b) of section 1120 (20 U.S.C.
    6321(b)) is amended to read as follows:
        ``(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, where, and by whom the services will be
                    provided;
                        ``(D) how the services will be assessed and how the
                    results of that assessment will be used to improve
                    those services;
                        ``(E) the size and scope of the equitable services
                    to be provided to the eligible private school children,
                    and the amount of funds generated by low-income private
                    school children in each participating attendance area;
                        ``(F) the method or sources of data that are used
                    under subsection (a)(4) and section 1113(c)(4) to
                    determine the number of children from low-income
                    families in participating school attendance areas who
                    attend private schools; and
                        ``(G) how and when the agency will make decisions
                    about the delivery of services to such children,
                    including a thorough consideration and analysis of the
                    views of the private school officials on the provision
                    of contract services through potential third party
                    providers.
            If the local educational agency disagrees with the views of the
            private school officials on the provision of services, through
            a contract, the local educational agency shall provide in
            writing to such private school officials, an analysis of the
            reasons why the local educational agency has chosen not to use
            a contractor.
                ``(2) Timing.--Such consultation shall include meetings of
            agency and private school officials and 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. Such meetings shall continue
    throughout implementation and assessment of services provided under
    this section.
                ``(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.
                ``(4) Documentation.--Each local educational agency shall
            provide to the State educational agency, and maintain in its
            records, a written affirmation signed by officials of each
            participating private school that the consultation required by
            this section has occurred.
                ``(5) Compliance.--Private school officials shall have the
            right to appeal to the State as to whether the consultation
            provided for in this section was meaningful and timely, and
            that due consideration was given to the views of private school
            officials. If the private school wishes to appeal, the basis of
            the claim of noncompliance with this section by the local
            educational agencies shall be provided to the State, and the
            local educational agency shall forward the documentation
            provided in subsection (b)(3) to the State.''.
        (c) Standards for Bypass.--Subsection (d) of section 1120 (20
    U.S.C. 6321(d)) is amended to read as follows:
        ``(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;
                ``(2) arrange for the provision of services to such
            children through arrangements that shall be subject to the
            requirements of this section and sections 10405 and 10406; and
                ``(3) in making the determination, consider one or more
            factors, including the quality, size, scope, and location of
            the program and the opportunity of eligible children to
            participate.''.
        (d) Capital Expenses.--Effective September 30, 2002, subsection (e)
    of section 1120 (20 U.S.C. 6321(e)) is hereby repealed.

    SEC. 118. REQUIREMENTS; RECORDS.

        (a) Requirements.--Section 1120A(c)(2) (20 U.S.C. 6322(c)(2)) is
    amended to read as follows:
                ``(2) Criteria for meeting comparability requirement.--
                        ``(A) Approval.--To meet the requirement of
                    paragraph (1), a local educational agency shall obtain
                    the State educational agency's approval of a
                    comprehensive, 3-year plan to ensure comparability in
                    the use of State and local funds and educational
                    services among its schools receiving funds under this
                    part and its other schools with respect to:
                                ``(i) the rates at which class sections are
                            taught by experienced and fully qualified
                            teachers, including such rates for low-income
                            and minority students;
                                ``(ii) curriculum, in terms of both the
                            range of courses offered, and the opportunity
                            to participate in rigorous courses including
                            advanced placement (AP) courses, including such
                            rates for low-income and minority students; and
                                ``(iii) the quality and availability of
                            instructional materials and instructional
                            resources including technology.''
                        ``(B) Exclusion.--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.
                        ``(C) Requirements.--Notwithstanding subparagraph
                    (A), a local educational agency may continue to meet
                    the requirement of paragraph (1) by complying with
                    subparagraph (A) as such subparagraph was in effect on
                    the day preceding the date of the enactment of the
                    Excellence and Accountability in Education Act, except
                    that each local educational agency shall be required to
                    comply with subparagraph (A), as amended by such Act
                    not later than July 1, 2004.''.
        (b) Records.--Section 1120A(c)(3)(B) is amended by striking
    ``biennially'' and inserting ``annually''.

    SEC. 119. COORDINATION REQUIREMENTS.

        Section 1120B (20 U.S.C. 6323 et seq.) is amended--
                (1) in subsection (a), by striking ``to the extent
            feasible'' and all that follows through the period and
            inserting ``with local Head Start agencies, and if feasible,
            other early childhood development programs.'';
                (2) in subsection (b)--
                        (A) in paragraph (3) by striking ``and'' after the
                    semicolon;
                        (B) in paragraph (4) by striking the period and
                    inserting ``; and''; and
                        (C) by adding at the end, the following:
                ``(5) linking the educational services provided in such
            local educational agency with the services provided in local
            Head Start agencies.''.

    SEC. 120. AMOUNTS FOR GRANTS.

        Section 1122 (20 U.S.C. 6332 et seq.) is amended to read as
    follows:

    ``SEC. 1122. AMOUNTS FOR BASIC GRANTS, CONCENTRATION GRANTS, AND
                  TARGETED GRANTS.

        ``(a) Allocation Formula.--Of the amount authorized to be
    appropriated to carry out this part for each of fiscal years 2002
    through 2006 (referred to in this subsection as the current fiscal
    year)--
                ``(1) an amount equal to the amount appropriated to carry
            out section 1124 for fiscal year 2001 plus 42.5 percent of the
            amount, if any, by which the amount appropriated under section
            1002(a) for the current fiscal year exceeds the amount
    appropriated under such section for fiscal year 2001 shall be allocated
    in accordance with section 1124;
                ``(2) an amount equal to the amount appropriated to carry
            out section 1124A for fiscal year 2001 plus 7.5 percent of the
            amount, if any, by which the amount appropriated under section
            1002(a) for the current fiscal year exceeds the amount
            appropriated under such section for fiscal year 2001 shall be
            allocated in accordance with section 1124A; and
                ``(3) an amount equal to 50 percent of the amount, if any,
            by which the amount appropriated under section 1002(a) for the
            current fiscal year exceeds the amount appropriated under such
            section for fiscal year 2001 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) Amounts for sections 1124 and 1125.--For each fiscal
            year, the amount made available to each local educational
            agency under each of sections 1124 and 1125 shall be--
                        ``(A) not less than 95 percent of the amount made
                    available in the preceding fiscal year if the number of
                    children counted for grants under section 1124 is not
                    less than 30 percent of the total number of children
                    aged 5 to 17 years, inclusive, in the local educational
                    agency;
                        ``(B) not less than 90 percent of the amount made
                    available in the preceding fiscal year if the
                    percentage described in subparagraph (A) is between 15
                    percent and 30 percent; and
                        ``(C) not less than 85 percent of the amount made
                    available in the preceding fiscal year if the
                    percentage described in subparagraph (A) is below 15
                    percent.
                ``(2) Amount for section 1124a.--The amount made available
            to each local educational agency under section 1124A shall be
            not less than 85 percent of the amount made available in the
            preceding fiscal year.
                ``(3) Payments.--If sufficient funds are appropriated, the
            amounts described in paragraph (2) shall be paid to all local
            educational agencies that received grants under section 1124A
            for the preceding fiscal year, regardless of whether the local
            educational agency meets the minimum eligibility criteria for
            that fiscal year provided in section 1124A(a)(1)(A) except that
            a local educational agency that does not meet such minimum
            eligibility criteria for 4 consecutive years shall no longer be
            eligible to receive a hold harmless amount referred to in
            paragraph (2).
                ``(4) Population data.--In any fiscal year for which the
            Secretary calculates grants on the basis of population data for
            counties, the Secretary shall apply the hold harmless
            percentages in paragraphs (1) and (2) to counties, and if the
            Secretary's allocation for a county is not sufficient to meet
            the hold-harmless requirements of this subsection for every
            local educational agency within that county, 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 subsection.
        ``(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 were
            reduced.
        ``(e) Definition.--Except as provided in section 1124(a)(5), for
    the purposes of this section and sections 1124, 1124A, and 1125, the
    term `State' means each of the 50 States, the District of Columbia, and
    the Commonwealth of Puerto Rico.''.

    SEC. 121. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

        Section 1124 (20 U.S.C. 6333 et seq.) is amended to read as
    follows:

    ``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.

        ``(a) Amount of Grants.--
                ``(1) Grants for local educational agencies and puerto
            rico.--Except as provided in paragraph (4) and in section 1126,
            the grant that a local educational agency is eligible to
            receive under this section for a fiscal year is the amount
            determined by multiplying--
                        ``(A) the number of children counted under
                    subsection (c); and
                        ``(B) 40 percent of the average per-pupil
                    expenditure in the State, except that the amount
                    determined under this subparagraph shall not be less
                    than 32 percent or more than 48 percent, of the average
                    per-pupil expenditure in the United States.
                ``(2) Calculation of grants.--
                        ``(A) Allocations to local educational agencies.--
                    The Secretary shall calculate grants under this section
                    on the basis of the number of children counted under
                    subsection (c) for local educational agencies, unless
                    the Secretary and the Secretary of Commerce determine
                    that some or all of those data are unreliable or that
                    their use would be otherwise inappropriate, in which
                    case--
                                ``(i) the 2 Secretaries shall publicly
                            disclose the reasons for their determination in
                            detail; and
                                ``(ii) paragraph (3) shall apply.
                        ``(B) Allocations to large and small local
                    educational agencies.--(i) For any fiscal year in which
                    this paragraph applies, the Secretary shall calculate
                    grants under this section for each local educational
                    agency.
                        ``(ii) The amount of a grant under this section for
                    each large local educational agency shall be the amount
                    determined under clause (i).
                        ``(iii) For small local educational agencies, the
                    State educational agency may either--
                                ``(I) distribute grants under this section
                            in amounts determined by the Secretary under
                            clause (i); or
                                ``(II) use an alternative method approved
                            by the Secretary to distribute the portion of
    the State's total grants under this section that is based on those
    small agencies.
                        ``(iv) An alternative method under clause (iii)(II)
                    shall be based on population data that the State
                    educational agency determines best reflect the current
                    distribution of children in poor families among the
                    State's small local educational agencies that meet the
                    eligibility criteria of subsection (b).
                        ``(v) If a small local educational agency is
                    dissatisfied with the determination of its grant by the
                    State educational agency under clause (iii)(II), it may
                    appeal that determination to the Secretary, who shall
                    respond not later than 45 days after receipt of such
                    appeal.
                        ``(vi) As used in this subparagraph--
                                ``(I) the term `large local educational
                            agency' means a local educational agency
                            serving an area with a total population of
                            20,000 or more; and
                                ``(II) the term `small local educational
                            agency' means a local educational agency
                            serving an area with a total population of less
                            than 20,000.
                ``(3) Allocations to counties.--
                        ``(A) Calculation.--For any fiscal year to which
                    this paragraph applies, the Secretary shall calculate
                    grants under this section 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 issued by the Secretary.
                        ``(B) Direct allocations.--In any State in which a
                    large number of local educational agencies overlap
                    county boundaries, or for which the State believes it
                    has data that would better target funds than allocating
                    them by county, the State educational agency may apply
                    to the Secretary for authority to make the allocations
                    under this part for a particular fiscal year directly
                    to local educational agencies without regard to
                    counties.
                        ``(C) Assurances.--If the Secretary approves the
                    State educational agency's application under
                    subparagraph (B), the State educational agency shall
                    provide the Secretary an assurance that such
                    allocations shall be made--
                                ``(i) using precisely the same factors for
                            determining a grant as are used under this
                            part; or
                                ``(ii) using data that the State
                            educational agency submits to the Secretary for
                            approval that more accurately target poverty.
                        ``(D) Appeal.--The State educational agency shall
                    provide the Secretary an assurance that it shall
                    establish a procedure through which a local educational
                    agency that is dissatisfied with its determinations
                    under subparagraph (B) may appeal directly to the
                    Secretary for a final determination.
                ``(4) Puerto rico.--
                        ``(A) In general.--For each fiscal year, the grant
                    which the Commonwealth of Puerto Rico shall be eligible
                    to receive under this section shall be the amount
                    determined by multiplying the number of children
                    counted under subsection (c) for the Commonwealth of
                    Puerto Rico by the product of--
                        ``(i) 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; and
                        ``(ii) 32 percent of the average per pupil
                    expenditure in the United States.
                ``(B) Minimum percentage.--The percentage in subparagraph
            (A)(i) shall not be less than--
                        ``(i) for fiscal year 2002, 77.5 percent;
                        ``(ii) for fiscal year 2003, 80.0 percent;
                        ``(iii) for fiscal year 2004, 82.5 percent; and
                        ``(iv) for fiscal year 2005 and succeeding fiscal
                    years, 85.0 percent.
                ``(C) Limitation.--If the application of subparagraph (B)
            would result in any of the 50 States or the District of
            Columbia receiving less under this part than it received under
            this part for the preceding fiscal year, the percentage in
            subparagraph (A) shall be the greater of the percentage in
            subparagraph (A)(i) or the percentage used for the preceding
            fiscal year.
                ``(5) Definition.--For purposes of this subsection, the
            term `State' does not include Guam, American Samoa, the Virgin
            Islands, and the Northern Mariana Islands.
        ``(b) Minimum Number of Children To Qualify.--A local educational
    agency is eligible for a basic grant under this section for any fiscal
    year only if the number of children counted under subsection (c) for
    that agency is both--
                ``(1) 10 or more; and
                ``(2) more than 2 percent of the total school-age
            population in the agency's jurisdiction.
        ``(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 (determined under
                    paragraph (4) for either the preceding year as
                    described in that paragraph, or for the second
                    preceding year, as the Secretary finds appropriate)
                    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; and
                        ``(C) 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 (4).
                ``(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. The District of Columbia and the Commonwealth of
            Puerto Rico shall be treated as individual local educational
            agencies. If a local educational agency contains 2 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 2001 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 local educational agencies or
            counties, 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. 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 publicly
            disclose their reasons. 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) Other children to be counted.--For the 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 a State program funded
            under part A of 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 aged 5
            through 17 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. For the purpose of this section, the Secretary shall
            consider all children who are in correctional institutions to
            be living in institutions for delinquent children.
                ``(5) 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.
        ``(d) State Minimum.--Notwithstanding 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. 122. CONCENTRATION GRANTS.

        Section 1124A (20 U.S.C. 6334 et seq.) is amended to read as
    follows:

    ``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, and the Commonwealth
            of the Northern Mariana Islands, which is eligible for a grant
            under section 1124 for any fiscal year is eligible for an
            additional grant under this section for that fiscal year if the
    number of children counted under section 1124(c) in the agency exceeds
    either--
                        ``(i) 6,500; or
                        ``(ii) 15 percent of the total number of children
                    aged 5 through 17 in the agency.
                ``(B) Notwithstanding 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 that 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) Local allocations.--(A) Grant amounts under this
            section shall be determined in accordance with section
            1124(a)(2) and (3).
                ``(B) For any fiscal year for which the Secretary allocates
            funds under this section on the basis of counties, a State may
            reserve not more than 2 percent of its allocation under this
            section to make grants to local educational agencies that meet
            the criteria of paragraph (1)(A)(i) or (ii) but that are in
            ineligible counties that do not meet these criteria.
        ``(b) 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. 123. TARGETED GRANTS.

        Section 1125 (20 U.S.C. 6335 et seq.) is amended to read as
    follows:

    ``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. For each fiscal year
    for which the Secretary uses county population data to calculate
    grants, 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 paragraph 1124(a)(1)(B).
                ``(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)(4).
        ``(c) Weighted Child Count.--
                ``(1) Weights for allocations to counties.--
                        ``(A) In general.--For each fiscal year for which
                    the Secretary uses county population data to calculate
                    grants, the weighted child count used to determine a
                    county's allocation under this section is the larger of
                    the 2 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 weighted child count 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) Weights for allocations to local educational
            agencies.--
                        ``(A) In general.--For each fiscal year 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 2 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 15.233 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 15.233 percent,
                                    but not more than 22.706 percent, of
                                    such population, multiplied by 1.75;
                                        ``(III) the number of such children
                                    constituting more than 22.706 percent,
                                    but not more than 32.213 percent, of
                                    such population, multiplied by 2.5;
                                        ``(IV) the number of such children
                                    constituting more than 32.213 percent,
                                    but not more than 41.452 percent, of
                                    such population, multiplied by 3.25;
                                    and
                                        ``(V) the number of such children
                                    constituting more than 41.452 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 710, inclusive, of
                                    the agency's total population aged 5 to
                                    17, inclusive, multiplied by 1.0;
                                        ``(II) the number of such children
                                    between 710 and 2,384, inclusive, in
                                    such population, multiplied by 1.5;
                                        ``(III) the number of such children
                                    between 2,384 and 9,645, inclusive, in
                                    such population, multiplied by 2.0;
                                        ``(IV) the number of such children
                                    between 9,645 and 54,600, inclusive, in
                                    such population, multiplied by 2.5; and
                                        ``(V) the number of such children
                                    in excess of 54,600 in such population,
                                    multiplied by 3.0.
                        ``(B) Puerto rico.--Notwithstanding subparagraph
                    (A), the weighted child count 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) Calculation of Grant Amounts.--Grants under this section
    shall be calculated in accordance with section 1124(a)(2) and (3).
        ``(e) State Minimum.--Notwithstanding any other provision of this
    section or 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. 124. SPECIAL ALLOCATION PROCEDURES.

        Section 1126 (20 U.S.C. 6337 et seq.) is amended to read as
    follows:

    ``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 (B) of section 1124(c)(1), 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 2 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.''.

                    PART B--EDUCATION OF MIGRATORY CHILDREN

    SEC. 131. STATE ALLOCATIONS.

        Section 1303 (20 U.S.C. 6393) is amended--
                (1) by amending subsection (b) to read as follows:
        ``(b) Allocation to Puerto Rico.--
                ``(1) Fiscal year 2002.--For fiscal year 2002, the grant
            which the Commonwealth of Puerto Rico shall be eligible to
            receive under this section shall be the amount determined by
            multiplying the number of children counted under subsection
            (a)(1)(A) for the Commonwealth of Puerto Rico by the product
            of--
                        ``(A) 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; and
                        ``(B) 32 percent of the average per pupil
                    expenditure in the United States.
                ``(2) Subsequent fiscal years.--For each fiscal year after
            fiscal year 2002, the grant which the Commonwealth of Puerto
            Rico shall be eligible to receive under this section shall be
            the amount determined by multiplying the number of children
            counted under subsection (a)(2)(B)(i)(I) and (a)(2)(B)(i)(II)
            for the Commonwealth of Puerto Rico during the previous fiscal
            year, by the product of--
                        ``(A) 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; and
                        ``(B) 32 percent of the average per pupil
                    expenditure in the United States.
                ``(3) Minimum allocation.--
                        ``(A) Fiscal year 2002.--For fiscal year 2002, the
                    percentage in paragraph (1)(A) shall not be less than
                    77.5 percent.
                        ``(B) Subsequent fiscal years.--The percentage in
                    paragraph (2)(A) shall not be less than--
                                ``(i) for fiscal year 2003, 80.0 percent;
                                ``(ii) for fiscal year 2004, 82.5 percent;
                            and
                                ``(iii) for fiscal year 2005 and succeeding
                            fiscal years, 85.0 percent.
                ``(4) Special rule.--If the application of paragraph (3)
            would result in any of the 50 States or the District of
            Columbia receiving less under this part than it received under
            this part for the preceding fiscal year, the percentage in
            paragraph (1) or (2), respectively, shall be the greater of the
            percentage in paragraph (1)(A) or (2)(A) the percentage used
            for the preceding fiscal year.''; and
                (2) by striking subsections (d) and (e).

    SEC. 132. STATE APPLICATIONS; SERVICES.

        (a) Program Information.--Section 1304(b) (20 U.S.C. 6394(b)) is
    amended--
                (1) in paragraph (1), by striking ``addressed through'' and
            all that follows through the semicolon at the end and inserting
            the following:
            ``addressed through--
                        ``(A) the full range of services that are available
                    for migratory children from appropriate local, State,
                    and Federal educational programs;
                        ``(B) joint planning among local, State, and
                    Federal educational programs serving migrant children,
                    including programs under title VII;
                        ``(C) the integration of services available under
                    this part with services provided by those other
                    programs; and
                        ``(D) measurable program goals and outcomes;'';
                (2) in paragraph (5), by striking ``the requirements of
            paragraph (1); and'' and inserting ``the numbers and needs of
            migratory children, the requirements of subsection (d), and the
            availability of funds from other Federal, State, and local
            programs;'';
                (3) in paragraph (6), by striking the period at the end and
            inserting ``; and''; and
                (4) by adding at the end the following:
                ``(7) a description of how the State will encourage
            programs and projects assisted under this part to offer family
            literacy services if the program or project serves a
            substantial number of migratory children who have parents who
            do not have a high school diploma or its recognized equivalent
            or who have low levels of literacy.''.
        (b) Assurances.--Section 1304(c) (20 U.S.C. 6394(c)) is amended--
                (1) in paragraph (1), by striking ``1306(b)(1);'' and
            inserting ``1306(a);'';
                (2) in paragraph (3)--
                        (A) by striking ``appropriate'';
                        (B) by striking ``out, to the extent feasible,''
                    and inserting ``out''; and
                        (C) by striking ``1118;'' and inserting ``1118,
                    unless extraordinary circumstances make implementation
                    consistent with such section impractical;''; and
                (3) in paragraph (7), by striking ``section 1303(e)'' and
            inserting ``paragraphs (1)(A) and (2)(B)(i) of section
            1303(a)''.

    SEC. 133. AUTHORIZED ACTIVITIES.

        Section 1306 (20 U.S.C. 6396) is amended to read as follows:

    ``SEC. 1306. AUTHORIZED ACTIVITIES.

        ``(a) In General.--
                ``(1) Flexibility.--Each State educational agency, through
            its local educational agencies, shall have the flexibility to
            determine the activities to be provided with funds made
            available under this part, except that such funds shall first
            be used to meet the identified needs of migratory children that
            result from their migratory lifestyle, and to permit these
            children to participate effectively in school.
                ``(2) Unaddressed needs.--Funds provided under this part
            shall be used to address the needs of migratory children that
            are not addressed by services available from other Federal or
            non-Federal programs, except that migratory children who are
            eligible to receive services under part A of this title may
            receive those services through funds provided under that part,
            or through funds under this part that remain after the agency
            addresses the needs described in paragraph (1).
        ``(b) Construction.--Nothing in this part shall be construed to
    prohibit a local educational agency from serving migratory children
    simultaneously with students with similar educational needs in the same
    educational settings, where appropriate.
        ``(c) Special Rule.--Notwithstanding section 1114, a school that
    receives funds under this part shall continue to address the identified
    needs described in subsection (a)(1).''.

    SEC. 134. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.

        (a) Duration.--Section 1308(a)(2) (20 U.S.C. 6398(a)(2)) is amended
    by striking ``subpart'' and inserting ``subsection''.
        (b) Student Records.--Section 1308(b) (20 U.S.C. 6398(b)) is
    amended to read as follows:
        ``(b) Access to Information on Migrant Students.--
                ``(1) National system.--(A) The Secretary shall establish a
            national system for electronically exchanging, among the
            States, health and educational information regarding all
            students served under this part. Such information shall
            include--
                        ``(i) immunization records and other health
                    information;
                        ``(ii) elementary and secondary academic history
                    (including partial credit), credit accrual, and results
                    from State assessments required under this title;
                        ``(iii) other academic information essential to
                    ensuring that migrant children achieve to high
                    standards; and
                        ``(iv) eligibility for services under the
                    Individuals with Disabilities Education Act.
                ``(B) The Secretary shall publish, not later than 120 days
            after the date of enactment of the Excellence in Education Act,
            a notice in the Federal Register seeking public comment on the
            proposed data elements that each State receiving funds under
            this part shall be required to collect for purposes of
            electronic transfer of migrant student information, the
            requirements for immediate electronic access to such
            information, and the educational agencies eligible to access
            such information.
                ``(C) Such system of electronic access to migrant student
            information shall be operational not later than 1 year after
            the date of enactment of the Excellence in Education Act.
                ``(D) For the purpose of carrying out this subsection in
            any fiscal year, the Secretary shall reserve not more than
            $10,000,000 of the amount appropriated to carry out this part
            for such year.
                ``(2) Report to congress.--(A) Not later than April 30,
            2003, the Secretary shall report to the Committee on Health,
            Education, Labor, and Pensions of the Senate and the Committee
            on Education and the Workforce of the House of Representatives
            the Secretary's findings and recommendations regarding services
            under this part, and shall include in this report,
            recommendations for the interim measures that may be taken to
            ensure continuity of services under this part.
                ``(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.--Section 1308(c) (20 U.S.C. 6398(c)) is
    amended by striking ``$6,000,000'' and inserting ``$10,000,000''.
        (d) Incentive Grants.--Section 1308(d) (20 U.S.C. 6398(d)) is
    amended to read as follows:
        ``(d) Incentive Grants.--From the amounts made available to carry
    out this section for any fiscal year, the Secretary may reserve not
    more than $3,000,000 to award grants of not more than $250,000 on a
    competitive basis to State educational agencies that propose a
    consortium arrangement with another State or other appropriate entity
    that the Secretary determines, pursuant to criteria that the Secretary
    shall establish, will improve the delivery of services to migratory
    children whose education is interrupted.''.

                     PART C--NEGLECTED OR DELINQUENT YOUTH

    SEC. 141. NEGLECTED OR DELINQUENT YOUTH.

        The heading for part D of title I is amended to read as follows:

        ``PART D--PREVENTION AND INTERVENTION PROGRAMS FOR NEGLECTED OR
                        DELINQUENT CHILDREN AND YOUTH''.

    SEC. 142. FINDINGS.

        Section 1401(a) is amended by striking paragraphs (6) through (9)
    and inserting the following:
                ``(6) Youth returning from correctional facilities need to
            be involved in programs that provide them with high level
            skills and other support to help them stay in school and
            complete their education.
                ``(7) Pregnant and parenting teenagers are a high at-risk
            group for dropping out of school and should be targeted by
            dropout prevention programs.''.

    SEC. 143. ALLOCATION OF FUNDS.

        Section 1412(b) is amended to read as follows:
        ``(b) Subgrants to State Agencies in Puerto Rico.--
                ``(1) In general.--For each fiscal year, the amount of the
            subgrant for which a State agency in the Commonwealth of Puerto
            Rico shall be eligible to receive under this part shall be the
            amount determined by multiplying the number of children counted
            under subparagraph (a)(1)(A) for the Commonwealth of Puerto
            Rico by the product of--
                        ``(A) 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; and
                        ``(B) 32 percent of the average per pupil
                    expenditure in the United States.
                ``(2) Minimum allocation.--The percentage in paragraph
            (1)(A) shall not be less than--
                        ``(A) for fiscal year 2002, 77.5 percent;
                        ``(B) for fiscal year 2003, 80.0 percent;
                        ``(C) for fiscal year 2004, 82.5 percent; and
                        ``(D) for fiscal year 2005 and for each succeeding
                    fiscal year, 85.0 percent.
                ``(3) Special rule.--If the application of paragraph (2)
            would result in any of the 50 States or the District of
            Columbia receiving less under this part than it received under
            this part for the preceding fiscal year, the percentage in
            paragraph (1) shall be the greater of the percentage in
            paragraph (1)(A) or the percentage used for the preceding
            fiscal year.''.

    SEC. 144. STATE PLAN AND STATE AGENCY APPLICATIONS.

        Section 1414 is amended to read as follows:

    ``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 educational
            needs of neglected and delinquent youth, for assisting in their
            transition from institutions to locally operated programs, and
            which is integrated with other programs under this Act or other
            Acts, as appropriate, consistent with section 11206.
                ``(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 and technical 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 10501 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 10401;
                ``(8) describes how the programs will be coordinated with
            other appropriate State and Federal programs, such as programs
            under the Job Training Partnership Act or title I of the
            Workforce Investment Act of 1998, vocational and technical
            education programs, State and local dropout prevention
            programs, and special education programs;
                ``(9) describes how States will encourage correctional
            facilities receiving funds under this subpart to coordinate
            with local educational agencies or alternative education
            programs attended by incarcerated youth prior to their
            incarceration to ensure that student assessments and
            appropriate academic records are shared jointly between the
            correctional facility and the local educational agency or
            alternative education program;
                ``(10) describes how appropriate professional development
            will be provided to teachers and other staff;
                ``(11) 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;
                ``(12) describes how the agency will, endeavor to
            coordinate with businesses for training and mentoring for
            participating youth;
                ``(13) 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;
                ``(14) 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;
                ``(15) 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;
                ``(16) 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;
                ``(17) 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;
                ``(18) describes any additional services provided to youth,
            such as career counseling, distance learning, and assistance in
            securing student loans and grants; and
                ``(19) 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. 145. USE OF FUNDS.

        Section 1415(a) is amended--
                (1) in paragraph (1)(B), by inserting ``and vocational and
            technical training'' after ``secondary school completion''; and
                (2) in paragraph (2)(B)--
                        (A) in clause (i), by inserting ``and'' after the
                    semicolon;
                        (B) in clause (ii), by striking ``; and'' and
                    inserting a period; and
                        (C) by striking clause (iii).

    SEC. 146. PURPOSE.

        Section 1421 is amended by striking paragraph (3) and inserting the
    following:
                ``(3) operate programs for youth returning from
            correctional facilities in local schools which may also serve
            youth at risk of dropping out of school.''.

    SEC. 147. TRANSITION SERVICES.

        Section 1418(a) is amended by striking ``10 percent'' and inserting
    ``15 percent''.

    SEC. 148. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.

        Section 1422 is amended--
                (1) in subsection (a), by striking ``retained'';
                (2) by amending subsection (b) to read as follows:
        ``(b) Special Rule.--A local educational agency which includes a
    correctional facility that operates a school is not required to operate
    a program of support for children returning from such school to a
    school not operated by a correctional agency but served by such local
    educational agency if more than 30 percent of the youth attending the
    school operated by the correctional facility will reside outside the
    boundaries of the local educational agency after leaving such
    facility.''; and
                (3) by adding at the end of section 1422 the following:
        ``(d) Transitional and Academic Services.--Transitional and
    supportive programs operated in local educational agencies under this
    subpart shall be designed primarily to meet the transitional and
    academic needs of students returning to local educational agencies or
    alternative education programs from correctional facilities. Services
    to students at risk of dropping out of school shall not have a negative
    impact on meeting the transitional and academic needs of the students
    returning from correctional facilities.''.

    SEC. 149. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

        Section 1423 is amended by striking paragraphs (4) through (9) and
    inserting the following:
                ``(4) a description of the program operated by
            participating schools for children returning from correctional
            facilities and the types of services that such schools will
            provide such youth and other at-risk youth;
                ``(5) a description of the youth returning from
            correctional facilities and, as appropriate, other at-risk
            youth expected to be served by the program and how the school
            will coordinate existing educational programs to meet the
            unique educational needs of such youth;
                ``(6) as appropriate, a description of how schools will
            coordinate with existing social, health and other services to
            meet the needs of students returning from correctional
            facilities, 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, curriculum-based
            youth entrepreneurship education and mentoring services for
            participating students;
                ``(8) as appropriate, a description of how programs will
            involve parents in efforts to improve the educational
            achievement of their children, prevent the involvement of their
            children in delinquent activities, and encourage their children
            to remain in school and complete their education;
                ``(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 Partnership
            Act or title I of the Workforce Investment Act of 1998 and
            vocational and technical education programs serving this at-
            risk population of youth;''.

    SEC. 150. USES OF FUNDS.

        Section 1424 is amended by striking paragraphs (1) through (3) and
    inserting the following:
                ``(1) programs that serve youth returning from correctional
            facilities to local schools to assist in the transition of such
            youth to the school environment and help them remain in school
            in order to complete their education;
                ``(2) providing assistance to other youth at risk of
            dropping out of school, including pregnant and parenting
            teenagers;
                ``(3) the coordination of social, health, and other
            services, including day care, for participating youth if the
            provision of such services will improve the likelihood that
            such youth will complete their education;
                ``(4) special programs to meet the unique academic needs of
            participating youth, including vocational and technical
            education, special education, career counseling, curriculum-
            based youth entrepreneurship education, and assistance in
            securing student loans or grants for postsecondary education;
            and
                ``(5) programs providing mentoring and peer mediation.''.

    SEC. 151. PROGRAM REQUIREMENTS.

        Section 1425 is amended--
                (1) in paragraph (1), by striking ``where feasible, ensure
            educational programs'' and inserting the following: ``to the
            extent practicable, ensure that educational programs'';
                (2) in paragraph (3), by striking ``where feasible,'' and
            inserting the following: ``to the extent practicable,'';
                (3) in paragraph (8), by striking ``where feasible,'' and
            inserting the following: ``to the extent practicable,'';
                (4) in paragraph (9), by inserting ``and technical'' after
            ``vocational''; and
                (5) by amending paragraph (11) to read as follows:
                ``(11) if appropriate, work with local businesses to
            develop training, curriculum-based youth entrepreneurship
            education, and mentoring programs for youth.''.

    SEC. 152. PROGRAM EVALUATIONS.

        Section 1431(a) is amended by striking ``sex, and if feasible,''
    and inserting ``gender,''.

                           PART D--GENERAL PROVISIONS

    SEC. 161. GENERAL PROVISIONS.

        Title I is amended--
                (1) by redesignating part F as part G; and
                (2) by redesignating sections 1601 through 1604 as sections
            1701 through 1704, respectively.

                      PART E--COMPREHENSIVE SCHOOL REFORM

    SEC. 171. COMPREHENSIVE SCHOOL REFORM.

        Title I is amended by inserting after Part E the following:

                     ``PART F--COMPREHENSIVE SCHOOL REFORM

    ``SEC. 1601. COMPREHENSIVE SCHOOL REFORM.

        ``(a) Findings and Purpose.--
                ``(1) Findings.--Congress finds the following:
                        ``(A) A number of schools across the country have
                    shown impressive gains in student performance through
                    the use of comprehensive models for schoolwide change
                    that incorporate virtually all aspects of school
                    operations.
                        ``(B) No single comprehensive school reform model
                    may be suitable for every school, however, schools
                    should be encouraged to examine successful, externally
                    developed comprehensive school reform approaches as
                    they undertake comprehensive school reform.
                        ``(C) Comprehensive school reform is an important
                    means by which children are assisted in meeting
                    challenging State student performance standards.
                ``(2) Purpose.--The purpose of this section is to provide
            financial incentives for schools to develop comprehensive
            school reforms, based upon scientifically based research and
            effective practices that include an emphasis on basic academics
            and parental involvement so that all children can meet
            challenging State content and performance standards.
        ``(b) Program Authorized.--
                ``(1) In general.--The Secretary is authorized to provide
            grants to State educational agencies to provide subgrants to
            local educational agencies to carry out the purpose described
            in subsection (a)(2).
                ``(2) Allocation.--
                        ``(A) Reservation.--Of the amount appropriated
                    under this section, the Secretary may reserve--
                                ``(i) not more than 1 percent for schools
                            supported by the Bureau of Indian Affairs and
                            in the United States Virgin Islands, Guam,
                            American Samoa, and the Commonwealth of the
                            Northern Mariana Islands; and
                                ``(ii) not more than 1 percent to conduct
                            national evaluation activities described under
                            subsection (e).
                        ``(B) In general.--Of the amount of funds remaining
                    after the reservation under subparagraph (A), the
                    Secretary shall allocate to each State for a fiscal
                    year, an amount that bears the same ratio to the amount
                    appropriated for that fiscal year as the amount made
                    available under section 1124 to the State for the
                    preceding fiscal year bears to the total amount
                    allocated under section 1124 to all States for that
                    year.
                        ``(C) Reallocation.--If a State does not apply for
                    funds under this section, the Secretary shall
                    reallocate such funds to other States that do apply in
                    proportion to the amount allocated to such States under
                    subparagraph (B).
        ``(c) State Awards.--
                ``(1) State application.--
                        ``(A) In general.--Each State educational agency
                    that desires to receive a grant under this section
                    shall submit an application to the Secretary at such
                    time, in such manner and containing such other
                    information as the Secretary may reasonably require.
                        ``(B) Contents.--Each State application shall also
                    describe--
                                ``(i) the process and selection criteria by
                            which the State educational agency, using
                            expert review, will select local educational
                            agencies to receive subgrants under this
                            section;
                                ``(ii) how the agency will ensure that only
                            comprehensive school reforms that are based on
                            scientifically based research receive funds
                            under this section;
                                ``(iii) how the agency will disseminate
                            materials regarding information on
                            comprehensive school reforms that are based on
                            scientifically based research;
                                ``(iv) how the agency will evaluate the
                            implementation of such reforms and measure the
                            extent to which the reforms resulted in
                            increased student academic performance; and
                                ``(v) how the agency will provide, upon
                            request, technical assistance to the local
                            educational agency in evaluating, developing,
                            and implementing comprehensive school reform.
                ``(2) Uses of funds.--
                        ``(A) In general.--Except as provided in
                    subparagraph (E), a State educational agency that
                    receives an award under this section shall use such
                    funds to provide competitive grants to local
                    educational agencies receiving funds under part A.
                        ``(B) Grant requirements.--A grant to a local
                    educational agency shall be--
                                ``(i) of sufficient size and scope to
                            support the initial costs for the particular
                            comprehensive school reform plan selected or
                            designed by each school identified in the
                            application of the local educational agency;
                                ``(ii) in an amount not less than $50,000
                            to each participating school; and
                                ``(iii) renewable for 2 additional 1-year
                            periods after the initial 1-year grant is made
                            if schools are making substantial progress in
                            the implementation of their reforms.
                        ``(C) Priority.--The State, in awarding grants
                    under this paragraph, shall give priority to local
                    educational agencies that--
                                ``(i) plan to use the funds in schools
                            identified as being in need of improvement or
                            corrective action under section 1116(b); and
                                ``(ii) demonstrate a commitment to assist
                            schools with budget allocation, professional
                            development, and other strategies necessary to
                            ensure the comprehensive school reforms are
                            properly implemented and are sustained in the
                            future.
                        ``(D) Grant consideration.--In making subgrant
                    awards under this part, the State educational agency
                    shall take into account the equitable distribution of
                    awards to different geographic regions within the
                    State, including urban and rural areas, and to schools
                    serving elementary and secondary students.
                        ``(E) Administrative costs.--A State educational
                    agency that receives a grant award under this section
                    may reserve not more than 5 percent of such award for
                    administrative, evaluation, and technical assistance
                    expenses.
                        ``(F) Supplement.--Funds made available under this
                    section shall be used to supplement, not supplant, any
                    other Federal, State, or local funds that would
                    otherwise be available to carry out this section.
                ``(3) Reporting.--Each State educational agency that
            receives an award under this section shall provide to the
            Secretary such information as the Secretary may require,
            including the names of local educational agencies and schools
            selected to receive subgrant awards under this section, the
            amount of such award, and a description of the comprehensive
            school reform model selected and in use.
        ``(d) Local Awards.--
                ``(1) In general.--Each local educational agency that
            applies for a subgrant under this section shall--
                        ``(A) identify which schools eligible for funds
                    under part A plan to implement a comprehensive school
                    reform program, including the projected costs of such a
                    program;
                        ``(B) describe the scientifically based
                    comprehensive school reforms that such schools will
                    implement;
                        ``(C) describe how the agency will provide
                    technical assistance and support for the effective
                    implementation of the scientifically based school
                    reforms selected by such schools; and
                        ``(D) describe how the agency will evaluate the
                    implementation of such reforms and measure the results
                    achieved in improving student academic performance.
                ``(2) Components of the program.--A local educational
            agency that receives a subgrant award under this section shall
            provide such funds to schools that implement a comprehensive
            school reform program that--
                        ``(A) employs innovative strategies and proven
                    methods for student learning, teaching, and school
                    management that are based on scientifically based
                    research and effective practices and have been
                    replicated successfully in schools with diverse
                    characteristics;
                        ``(B) integrates a comprehensive design for
                    effective school functioning, including instruction,
                    assessment, classroom management, professional
                    development, parental involvement, and school
                    management, that aligns the school's curriculum,
                    technology, professional development into a
                    comprehensive reform plan for schoolwide change
                    designed to enable all students to meet challenging
                    State content and challenging student performance
                    standards and addresses needs identified through a
                    school needs assessment;
                        ``(C) provides high-quality and continuous teacher
                    and staff professional development;
                        ``(D) includes measurable goals for student
                    performance and benchmarks for meeting such goals;
                        ``(E) is supported by teachers, principals,
                    administrators, and other professional staff;
                        ``(F) provides for the meaningful involvement of
                    parents and the local community in planning and
                    implementing school improvement activities;
                        ``(G) uses high quality external technical support
                    and assistance from an entity, which may be an
                    institution of higher education, with experience and
                    expertise in schoolwide reform and improvement;
                        ``(H) includes a plan for the evaluation of the
                    implementation of school reforms and the student
                    results achieved; and
                        ``(I) identifies how other resources, including
                    Federal, State, local, and private resources, available
                    to the school will be used to coordinate services to
                    support and sustain the school reform effort.
                ``(3) Special rule.--A school that receives funds to
            develop a comprehensive school reform program shall not be
            limited to using the approaches identified or developed by the
            Department of Education, but may develop its own comprehensive
            school reform programs for schoolwide change that comply with
            paragraph (2).
        ``(e) Evaluation and Report.--
                ``(1) In general.--The Secretary shall develop a plan for a
            national evaluation of the programs developed pursuant to this
            section.
                ``(2) Evaluation.--In carrying out paragraph (1), the
            Secretary shall evaluate the implementation and results
            achieved by schools after 3 years of implementing comprehensive
            school reforms, and assess the effectiveness of comprehensive
            school reforms in schools with diverse characteristics.
                ``(3) Reports.--Prior to the completion of a national
            evaluation, the Secretary shall submit an interim report
            outlining first year implementation activities to the
            Committees on Education and the Workforce and Appropriations of
            the House of Representatives and the Committees on Health,
            Education, Labor, and Pensions and Appropriations of the
            Senate.
        ``(f) Authorization of Appropriations.--There are authorized to
    carry out this section $300,000,000 for fiscal year 2002 and such sums
    as may be necessary for each of the 4 succeeding fiscal years.''.

                           TITLE II--SMART CLASSROOMS

    SEC. 201. SMART CLASSROOMS.

        (a) In General.--Title II (20 U.S.C. 6601 et seq.) is amended--
                (1) by striking the heading for title II and inserting the
            following:

                        ``TITLE II--SMART CLASSROOMS'';

                (2) by striking sections 2001 through 2003;
                (3) by striking parts A, B, D and E;
                (3) by redesignating part C as part D; and
                (4) by inserting after the title heading the following:

                ``PART A--QUALIFIED TEACHERS IN EVERY CLASSROOM

             ``Subpart 1--Purpose; Authorization of Appropriations

    ``SEC. 2001. PURPOSE.

        ``The purpose of this part is to support the improvement of
    classroom instruction, so that all students are able to achieve to
    challenging State content and student performance standards in the core
    academic subjects, by providing assistance to State and local
    educational agencies in their efforts to recruit and retain a fully
    qualified instructional staff by--
                ``(1) supporting States and local educational agencies in
            continuing the task of developing challenging content and
            student performance standards and aligned assessments, revising
            curricula and teacher certification requirements, and using
            challenging content and student performance standards to
            improve teaching and learning;
                ``(2) assisting high-poverty local educational agencies and
            low-performing local educational agencies that have the
            greatest difficulty in recruiting and retaining fully qualified
            teachers;
                ``(3) supporting States and local educational agencies in
            recruiting and retaining teachers in subject areas in which the
            State has determined there to be a shortage of teachers;
                ``(4) ensuring that all instructional staff have the
            subject matter knowledge and teaching skills necessary to teach
            effectively in all subjects in which they provide instruction;
                ``(5) providing assistance to new teachers during their
            first 3 years in the classroom; and
                ``(6) ensuring that teachers, principals, administrators,
            and other school staff have access to professional development
            that is aligned with challenging State content and student
            performance standards in the core academic subjects.

    ``SEC. 2002. AUTHORIZATION OF APPROPRIATIONS.

        ``(a) Subpart 2.--For the purpose of carrying out subpart 2, there
    are authorized to be appropriated $2,745,000,000 for fiscal year 2002,
    $2,816,000,000 for fiscal year 2003, $2,889,000,000 for fiscal year
    2004, $2,959,000,000 for fiscal year 2005, and $3,027,000,000 for
    fiscal year 2006.
        ``(b) Subpart 3.--For the purpose of carrying out subpart 3, there
    are authorized to be appropriated $40,000,000 for fiscal year 2002 and
    such sums as may be necessary for each of fiscal years 2003 through
    2006.

                    ``Subpart 2--State and Local Activities

    ``SEC. 2011. ALLOCATIONS TO STATES.

        ``(a) In General.--In the case of each State that in accordance
    with section 2013 submits to the Secretary an application for a fiscal
    year, and has that application approved under section 2013(c), the
    Secretary shall make a grant for the year to the State for the uses
    specified in section 2012. The grant shall consist of the allocation
    determined for the State under subsection (b) or (c).
        ``(b) Reservation of Funds.--From the amount made available to
    carry out this subpart for any fiscal year, the Secretary shall
    reserve--
                ``(1) one-half of 1 percent to provide assistance to the
            Virgin Islands, Guam, American Samoa, and the Commonwealth of
            the Northern Mariana Islands, to be distributed among these
            outlying areas on the basis of their relative need, as
            determined by the Secretary in accordance with the purpose of
            this part; and
                ``(2) one-half of 1 percent for the Secretary of the
            Interior for activities under this subpart for teachers,
            principals, administrators, and other school staff in schools
            operated or funded by the Bureau of Indian Affairs.
        ``(c) State Allocations.--
                ``(1) In general.--After reserving funds under subsection
            (b), the Secretary shall allocate the remaining amount made
            available to carry out this subpart for any fiscal year among
            the 50 States, the District of Columbia, and the Commonwealth
            of Puerto Rico as follows:
                        ``(A) 50 percent of such amount shall be allocated
                    among such States on the basis of their relative
                    populations of individuals aged 5 through 17, as
                    determined by the Secretary on the basis of the most
                    recent satisfactory data.
                        ``(B) 50 percent of such amount shall be allocated
                    among such States in proportion to the number of
                    children, aged 5 to 17, who reside within the State
                    from families with incomes below the poverty line
                    applicable to a family of the size involved for the
                    most recent fiscal year for which satisfactory data are
                    available, compared to the number of such individuals
                    who reside in all such States for that fiscal year.
                ``(2) Minimum allocation.--No State receiving an allocation
            under paragraph (1) may receive less than one-quarter of 1
            percent of the total amount made available to carry out this
            subpart for any fiscal year and not reserved under subsection
            (b).

    ``SEC. 2012. WITHIN-STATE ALLOCATIONS.

        ``(a) Subgrants to Local Educational Agencies.--
                ``(1) In general.--Each State receiving a grant under this
            subpart shall expend at least 92 percent of the amount of the
            funds provided under the grant for the purpose of making
    subgrants to local educational agencies as follows:
                        ``(A) subject to paragraph (2), 80 percent of such
                    amount shall be allocated as follows:
                                ``(i) 60 percent shall be allocated among
                            local educational agencies having an approved
                            application under section 2017 in proportion to
                            the number of children, aged 5 to 17, who
                            reside within the jurisdiction served by the
                            agency from families with incomes below the
                            poverty line applicable to a family of the size
                            involved for the most recent fiscal year for
                            which satisfactory data are available, compared
                            to the number of such children who reside in
                            all such jurisdictions for that fiscal year.
                                ``(ii) 40 percent shall be allocated among
                            local educational agencies having an approved
                            application under section 2017 on the basis of
                            their relative populations of children aged 5
                            to 17, as determined by the Secretary on the
                            basis of the most recent satisfactory data.
                        ``(B) 20 percent of such amount shall be used to
                    provide additional funds to local educational agencies,
                    and partnerships described in section 2016(b)(1),
                    having an approved application under section 2018 in
                    accordance with such section.
                ``(2) Minimum amount.--Notwithstanding paragraph (1)(A), a
            local educational agency may not receive an allocation under
            such paragraph for any fiscal year that is less than its
            allocation for fiscal year 2001 under section 2203(1) of this
            Act (as in effect on the day before the date of the enactment
            of the Excellence and Accountability in Education Act). If the
            amount available for allocations under paragraph (1)(A) is
            insufficient to satisfy the preceding sentence, each allocation
            under such paragraph shall be ratably reduced.
        ``(b) Subgrants to Partnerships.--Each State receiving a grant
    under this subpart shall expend at least 2 percent of the amount of the
    funds provided under the grant for the purpose of making subgrants to
    partnerships under section 2016.
        ``(c) State-Level Activities.--Each State receiving a grant under
    this part may expend not more than 6 percent of the amount of the funds
    provided under the grant for one or more of the State-level activities
    described in section 2015.
        ``(d) Administration and Evaluations.--Subject to section 2023,
    each State receiving a grant under this subpart or part C shall expend
    not more than \1/6\ of its allocation under subsection (c) for--
                ``(1) its costs of administering this subpart and part C;
                ``(2) evaluations of the effectiveness of activities under
            this subpart and part C, including effectiveness as measured
            using the indicators of program performance described in
            section 2401; and
                ``(3) reports required under section 2201(e).

    ``SEC. 2013. STATE APPLICATION.

        ``(a) Applications Required.--
                ``(1) In general.--Each State desiring to receive its
            allocation under this subpart shall submit, through its State
            educational agency, an application to the Secretary at such
            time, in such form, and containing such information as the
            Secretary reasonably may require.
                ``(2) Consultation.--The State educational agency shall
            develop the State application--
                        ``(A) in consultation with the State agency for
                    higher education, community-based and other nonprofit
                    organizations of demonstrated effectiveness in
                    professional development, and institutions of higher
                    education; and
                        ``(B) with the extensive participation of teachers,
                    teacher educators, school administrators, and content
                    specialists.
        ``(b) Contents.--Each such application shall include the following:
                ``(1) A description of how the State educational agency
            will use all funds received under this subpart to implement
            State plans or policies that support comprehensive standards-
            based education reform through the following strategies:
                        ``(A) Supporting the alignment of curricula and
                    assessments with challenging State content and student
                    performance standards.
                        ``(B) Supporting local educational agencies in
                    their efforts to recruit and retain fully qualified
                    teachers, with special consideration given to
                    recruiting highly qualified teachers from minority and
                    other historically underrepresented groups, including
                    bilingual teachers.
                        ``(C) Ensuring that teachers employed by local
                    educational agencies are proficient in content
                    knowledge and teaching skills in all subjects in which
                    they provide instruction.
                        ``(D) Providing professional development, aligned
                    with State content and student performance standards,
                    in core academic subjects.
                ``(2) An assurance that teacher aides or other
            paraprofessionals who are not fully qualified teachers provide
            instruction to students only under the direct and immediate
            supervision of a fully qualified teacher, and have received the
            professional development necessary to perform their duties.
                ``(3) A description of the process the State educational
            agency will use to make competitive awards to local educational
            agencies under section 2018, including a description of--
                        ``(A) the State's criteria for classifying local
                    educational agencies as among those having the greatest
                    need for services provided under this subpart and its
                    justification for those criteria;
                        ``(B) the State's strategies for ensuring that
                    local educational agencies that have historically had
                    little success in competing for funds are provided a
                    reasonable opportunity to compete for subgrants;
                        ``(C) the State's criteria for determining the
                    amounts that it will award to recipients and the
    criteria for providing noncompetitive renewals of subgrants;
                        ``(D) the technical assistance that the State
                    educational agency will provide, under section
                    2018(e)(2), to local educational agencies that it
                    identifies as having the greatest need for services and
                    that fail to receive an award under section 2018; and
                        ``(E) how the State will give special priority to
                    local educational agencies seeking to fulfill school
                    improvement requirements under section 1116.
                ``(4) A description of how the State educational agency
            will ensure that all recipients of funds under this subpart
            will report on their level of performance based on the program
            performance indicators described in section 2401.
                ``(5) A list of any additional indicators of program
            performance, beyond those described in section 2401, on which
            the State educational agency and the State agency for higher
            education will require recipients to report.
                ``(6) A set of specific, numerical, annual goals for each
            of the performance indicators required under section 2401 and
            for any additional indicators that the State elects to use for
            measuring the progress of the State and local educational
            agencies receiving funds under this subpart.
                ``(7) A description of how the State will coordinate
            professional development activities authorized under this
            subpart with professional development activities provided under
            other Federal, State, and local programs, including those
            authorized under this Act and (where applicable) the
            Individuals with Disabilities Education Act and the Carl D.
            Perkins Vocational and Technical Education Act. The application
            shall also describe the comprehensive strategy that the State
            will take as part of such coordination effort, to ensure that
            teachers are trained in the utilization of technology so that
            technology and its applications are effectively used in the
            classroom to improve teaching and learning in all curriculum
            and content areas, as appropriate.
        ``(c) Approval.--The Secretary shall, using a peer-review process,
    approve a State application if it meets the requirements of this
    section and holds reasonable promise of achieving the purpose described
    in section 2002.

    ``SEC. 2014. STATE ACCOUNTABILITY.

        ``(a) Annual Reports.--Each State educational agency that receives
    funds under this subpart and part C shall, beginning in fiscal year
    2003, annually compile, publish, submit to the Secretary, and
    distribute to the public, a report including the following information:
                ``(1) The percentage of teachers teaching in the State who
            have not met State qualifications and licensing criteria for
            all grade levels and subject areas in which they provide
            instruction.
                ``(2) The percentage of teachers teaching in the State
            under emergency or other provisional status through which State
            qualifications or licensing criteria have been waived.
                ``(3) The percentage of teachers teaching in the State who
            do not hold a postsecondary degree with a major in all subject
            areas in which they provide instruction.
                ``(4) The average class size.
                ``(5) The percentage of teachers with certification from
            the National Board for Professional Teaching Standards.
                ``(6) Information on the progress of recipients of
            subgrants under this subpart, measured based on the program
            performance indicators described in section 2041 and any
            additional indicators included in the State's application.
                ``(7) Such other information as the Secretary may
            reasonably require.
        ``(b) Disaggregated Data.--Data collected for the purpose of
    carrying out this section shall be disaggregated by State, local
    educational agency, and school.
        ``(c) Coordination.--The report required under this section shall
    be coordinated with reporting requirements under title I and other
    titles of this Act and shall not be duplicative of such reporting
    requirements.

    ``SEC. 2015. STATE-LEVEL ACTIVITIES.

        ``Each State shall use funds it reserves under section 2012(c) to
    carry out activities described in its approved application that promote
    high-quality classroom instruction, such as--
                ``(1) supporting the continued improvement of State content
            and student performance standards and assessments aligned with
            those standards;
                ``(2) providing technical assistance and other services to
            increase the capacity of local educational agencies and schools
            to develop and implement systemic local improvement plans,
            implement State and local assessments, and develop curricula
            consistent with State content and performance standards;
                ``(3) supporting the development and implementation, at the
            local educational agency and school-building level, of improved
            systems for recruiting, selecting, hiring, mentoring,
            supporting, evaluating, and rewarding principals and fully
            qualified teachers;
                ``(4) redesigning and strengthening professional licensure
            systems for educators;
                ``(5) developing performance-based assessment systems for
            full teacher licensure;
                ``(6) establishing, expanding, or improving rigorous
            alternative routes to State certification or licensure that
            lead to certification within 2 years and require applicants to
            meet the same standards and pass the same tests as other
            applicants;
                ``(7) developing or strengthening assessments to test the
            content knowledge and teaching skills of new teachers;
                ``(8) developing and implementing professional development
            opportunities for teachers, principals, administrators, and
            other school staff based on State content and student
            performance standards;
                ``(9) operating a teacher academy that establishes and
            demonstrates models for local educational agencies to improve
            teaching and learning through activities such as--
                        ``(A) using master teachers to mentor and train
                    student teachers; and
                        ``(B) providing ongoing professional development
                    opportunities and support for teachers;
                ``(10) providing professional development programs that
            enable teachers to effectively communicate with parents in the
            education process to support classroom instruction and work
            effectively with parent volunteers;
                ``(11) executing policies and practices that will ensure
            that low-income and minority students are not taught by
            emergency certified or unqualified teachers at rates higher
            than other students; and
                ``(12) increasing the portability of teacher pensions and
            reciprocity of teaching credentials across State lines.

    ``SEC. 2016. SUBGRANTS TO PARTNERSHIPS.

        ``(a) Administration.--From the funds made available to it under
    section 2012(b) for any fiscal year, a State agency for higher
    education may use not more than 5 percent for its expenses in
    administering this section, including conducting evaluations and
    reporting under subsection (g).
        ``(b) Subgrants to Partnerships.--
                ``(1) In general.--
                        ``(A) Partnerships.--For the purpose of providing
                    professional development to elementary and secondary
                    school teachers in a local educational agency that is
                    both a high-poverty local educational agency and a low-
                    performing local educational agency, a State agency for
                    higher education, subject to subsection (a) and in
                    conjunction with the State educational agency, shall
                    use the funds made available to it under section
                    2012(b) for any fiscal year to make subgrants to
                    partnerships consisting of--
                                ``(i) one or more institutions of higher
                            education (including historically Black
                            colleges and universities and Hispanic-serving
                            institutions), or nonprofit organizations of
                            demonstrated effectiveness in providing
                            professional development in the core academic
                            subjects; and
                                ``(ii) a local educational agency that is
                            both a high-poverty local educational agency
                            and a low-performing local educational agency,
                            or more than 1 such agency.
                        ``(B) Requirement for institutions of higher
                    education.--Participating institutions of higher
                    education shall meet the criteria under sections 203
                    and 207 of the Higher Education Act of 1965.
                ``(2) Size, duration, and peer review.--Each subgrant under
            this section shall be--
                        ``(A) of sufficient size and duration to carry out
                    the purpose of this subpart effectively; and
                        ``(B) awarded, using a peer-review process, on a
                    competitive basis.
                ``(3) Priority.--In making subgrants under this section, a
            State agency for higher education shall give a priority to
            projects that focus on induction programs for new teachers,
            particularly those who teach in schools identified for school
            improvement under section 1116.
                ``(4) Other factors.--In making subgrants under this
            section, a State agency for higher education shall consider--
                        ``(A) the need for the proposed professional
                    development activities in the jurisdiction of the local
                    educational agency; and
                        ``(B) the quality of the proposed program and its
                    likelihood of success in improving classroom
                    instruction and student academic achievement.
        ``(c) Partnership Agreements.--No institution of higher education
    or nonprofit organization may receive a subgrant under this section
    unless it enters into a written agreement with at least 1 local
    educational agency that is both a high-poverty local educational agency
    and a low-performing local educational agency to provide professional
    development to elementary and secondary school teachers in the schools
    of that agency in the core academic subjects. Each such agreement shall
    identify specific goals for how the professional development that the
    subgrantee provides will enhance the ability of those teachers to
    prepare all students, including females, minorities, students with
    disabilities, students with limited English proficiency, and
    economically disadvantaged students, to achieve to challenging State
    content and student performance standards in all subjects in which
    those teachers provide instruction.
        ``(d) Coordination.--Any professional development activities
    carried out under this section by a partnership shall be coordinated
    with activities carried out under title II of the Higher Education Act
    of 1965 (20 U.S.C. 1021 et seq.), if any member of the partnership is
    participating in programs funded under that title.
        ``(e) Joint Efforts Within Institutions of Higher Education.--In
    the case of a partnership that includes an institution of higher
    education, each activity assisted under this section shall involve the
    joint effort of the institution's school or department of education and
    the schools or departments responsible for the specific disciplines in
    which the professional development will be provided.
        ``(f) Uses of Funds.--A recipient of funds under this section shall
    use those funds for--
                ``(1) research-based programs to assist new teachers during
            their first 3 years in the classroom, which may include--
                        ``(A) mentoring and coaching by appropriately
                    trained and certified teachers;
                        ``(B) team teaching with experienced teachers;
                        ``(C) observation by, and consultation with,
                    experienced teachers;
                        ``(D) assignment of fewer course preparations; and
                        ``(E) provision of additional time for preparation;
                ``(2) professional development in the core academic
            subjects, aligned with State content and student performance
            standards, for teams of teachers from a school or local
            educational agency and, where appropriate, principals,
    administrators, and other school staff; and
                ``(3) providing technical assistance to school and local
            educational agency staff for planning, implementing, and
            evaluating professional development.
        ``(g) Annual Reports.--
                ``(1) In general.--Beginning with fiscal year 2003, each
            subgrantee under this section shall submit an annual report to
            the State agency for higher education, by a date set by that
            agency, on its progress, as measured using the indicators of
            partnership performance described in section 2041.
                ``(2) Content.--Each such report--
                        ``(A) shall include a copy of each written
                    agreement required by subsection (c); and
                        ``(B) shall describe how the partners have
                    collaborated to achieve the specific goals set out in
                    the agreement, and the results of that collaboration.
                ``(3) Copy.--The State agency for higher education shall
            provide the State educational agency with a copy of each
            subgrantee's annual report.
        ``(h) Special Rule.--No single participant in a partnership
    receiving a subgrant under this section may retain more than 50 percent
    of the funds made available to the partnership under this section.

    ``SEC. 2017. LOCAL APPLICATIONS FOR FORMULA SUBGRANTS.

        ``(a) Application Required.--Each local educational agency desiring
    to receive its allocation from funds made available under section
    2012(a)(1)(A) for any fiscal year shall submit an application to the
    State educational agency at such time, in such form, and containing
    such information as the State educational agency reasonably may
    require. Each such application shall include an agency-wide plan for
    raising student achievement against State standards through each of the
    following strategies:
                ``(1) Supporting the alignment of curricula, assessments,
            classroom instructional strategies, and professional
            development with challenging State content and student
            performance standards.
                ``(2) Carrying out activities to recruit fully qualified
            teachers, particularly in subject areas and in schools in which
            there is a shortage of such teachers with special consideration
            given to recruiting fully qualified teachers from minority and
            other historically underrepresented groups, including bilingual
            teachers.
                ``(3) Ensuring that teachers employed by the local
            educational agency are proficient in teaching skills and in the
            content knowledge necessary to effectively teach the content
            called for by State and local standards in all subjects in
            which they provide instruction and are prepared to integrate
            technology into the classroom.
                ``(4) Targeting funds to schools within the jurisdiction of
            the local educational agency that--
                        ``(A) have the highest percentage of classes in
                    core academic subjects taught by teachers who are not
                    fully qualified;
                        ``(B) have the largest average class size; or
                        ``(C) are identified for school improvement under
                    section 1116(b).
                ``(5) Carrying out activities to assist new teachers during
            their first 3 years in the classroom.
                ``(6) Providing professional development in core academic
            subjects.
        ``(b) Additional Contents.--Each such application shall also--
                ``(1) identify specific, measurable goals for achieving the
            purpose described in section 2002 that, at a minimum, reflect
            the performance indicators described in section 2041;
                ``(2) describe how the local educational agency will use
            funds received under this subpart to help implement the plan
            described in subsection (a);
                ``(3) include an assurance that the local educational
            agency will collect data that measure progress toward the
            indicators of program performance described in section 2041;
                ``(4) describe how the local educational agency will
            address the needs of high-poverty, low-performing schools
            within its jurisdiction;
                ``(5) describe how the local educational agency will
            address the needs of teachers of students with limited English
            proficiency and other students with special needs; and
                ``(6) describe how the local educational agency will
            coordinate funds under this subpart with the professional
            development activities funded through other State and Federal
            programs.
        ``(c) Approval.--Notwithstanding section 2012(a)(1)(A), a State
    educational agency shall approve a local educational agency's
    application under this section only if the application satisfies the
    requirements of this section and the State educational agency
    determines that the application holds reasonable promise of achieving
    the purpose described in section 2002.
        ``(d) Consolidated Application.--Local educational agencies may
    consolidate applications under this section and section 2018.

    ``SEC. 2018. LOCAL APPLICATIONS FOR COMPETITIVE SUBGRANTS.

        ``(a) In General.--Each State educational agency shall use the
    funds described in section 2012(a)(1)(B) for competitive grants to
    local educational agencies, and partnerships described in section
    2016(b)(1), that focus primarily on those agencies and partnerships
    with the greatest need for--
                ``(1) activities related to the development, and effective
            implementation, of curricula aligned with state content and
            student performance standards; and
                ``(2) professional development activities that are aligned
            with those standards.
        ``(b) Selection Process.--
                ``(1) In general.--The State educational agency shall award
            subgrants under this section through a peer-review process that
            includes reviewers who are knowledgeable in the academic
            content areas.
                ``(2) Public availability.--The State educational agency--
                        ``(A) shall provide local educational agencies and
                    the general public with a list of the selection
                    criteria that the State educational agency will use in
                    making subgrants under this section; and
                        ``(B) at the completion of the awards process, make
                    public a complete list of applicants and of the
                    applicants that received awards.
        ``(c) Demonstration of Need.--The State educational agency shall
    identify the applicants with the greatest need for services, based on
    the following objective data supplied by the applicant:
                ``(1) The number or percentage of children who fail to meet
            State performance standards on assessments used for part A of
            title I.
                ``(2) The number or percentage of schools identified for
            school improvement under section 1116(b).
                ``(3) The number or percentage of teachers employed who
            have not received full State certification or licensure.
                ``(4) The number or percentage of secondary school teachers
            who do not have an academic major in a subject area directly
            related to the area in which they provide instruction.
                ``(5) The number or percentage of students living in
            poverty.
                ``(6) The number or percentage of students who have limited
            English proficiency.
                ``(7) The applicant's fiscal capacity to fund programs
            described in section 2019 without Federal assistance.
        ``(d) Selection of Subgrantees.--The State educational agency shall
    make awards to applicants based on--
                ``(1) the quality of the applicant's proposal and the
            likelihood of its success in improving classroom instruction
            and student academic achievement;
                ``(2) the demonstrated need of the applicant under
            subsection (c); and
                ``(3) the applicant's need for professional development in
            mathematics and science.
        ``(e) Opportunity To Compete.--
                ``(1) Strategies.--To ensure that local educational
            agencies that have the greatest need are provided a reasonable
            opportunity to compete for an award, State educational agencies
            shall adopt at least 1 of the following strategies:
                        ``(A) Holding more than 1 competition for funds for
                    a fiscal year and, before each such competition,
                    providing technical assistance in developing a high-
                    quality application to local educational agencies that
                    have demonstrated the greatest need but were
                    unsuccessful in the previous grant competition.
                        ``(B) Holding a competition restricted to local
                    educational agencies that it has identified under
                    subsection (c) as having the greatest need for
                    services.
                        ``(C) Requiring recipients seeking a renewal of a
                    subgrant under this section to form a partnership with
                    an applicant that applied for, but failed to receive,
                    such a subgrant.
                        ``(D) Providing a competitive priority to those
                    local educational agencies the State educational agency
                    has identified under subsection (c) as having the
                    greatest need for services.
                ``(2) Technical assistance.--At a minimum, a State
            educational agency shall, after the completion of an award
            cycle and before the start of the next cycle, provide technical
            assistance in developing a high-quality application for future
            competitions to any local educational agency identified under
            subsection (c) as having the greatest need for services that
            did not receive a subgrant.
        ``(f) Scope of Projects.--The State educational agency shall award
    a subgrant under this section only for projects that are of sufficient
    size, scope, and quality to achieve the purpose of this part.

    ``SEC. 2019. USES OF FUNDS.

        ``(a) Priority for Professional Development in Mathematics and
    Science and Fully Qualified Teachers.--
                ``(1) Appropriation equal to or less than $300,000,000.--
            Except as provided in section 2020(d), in any fiscal year for
            which the amount appropriated for this subpart is $300,000,000
            or less, each local educational agency shall ensure that all
            funds received by the agency under this subpart are used for
            professional development in mathematics and science.
                ``(2) Appropriation greater than $300,000,000.--Except as
            provided in section 2020(d), in any fiscal year for which the
            amount appropriated for this subpart is greater than
            $300,000,000, each local educational agency shall ensure that
            the amount of funds under this subpart that the agency uses for
            professional development in mathematics and science is at least
            as much as the amount that would have been made available to
            the agency if the amount appropriated had been $300,000,000.
                ``(3) Interdisciplinary activities.--In meeting the
            requirement under paragraph (1) or (2), a local educational
            agency may use funds under this subpart for activities that
            focus on more than 1 core academic subject if those activities
            focus predominantly on improving instruction in mathematics or
            science.
                ``(4) Increasing the percentage of fully qualified
            teachers.--Each local educational agency receiving an
            allocation under this subpart shall use funds in excess of the
            allocation it received under this subpart (or in the case of
            fiscal year 2002, under part B, as such part was in effect
            before the date of the enactment of the Excellence and
            Accountability in Education Act) for the preceding fiscal year
            to increase its percentage of fully qualified teachers. Such
            use shall be consistent with the plan and reporting
            requirements established by the State under section 1119(a)(2)
            to ensure that all teachers are fully qualified by December 31,
            2005.
        ``(b) Other Professional Development Activities.--Each local
    educational agency shall ensure that funds under this subpart that the
    agency uses for professional development, in areas other than
    mathematics or science, are used to provide professional development
    activities in one or more of the other core academic subjects.
        ``(c) Other Uses of Funds.--Subject to subsection (a), a local
    educational agency that receives funds under this subpart may use those
    funds for activities to raise student achievement against challenging
    State standards, in accordance with its plan described in section
    2017(a), which may include the following:
                ``(1) Activities to recruit fully qualified teachers,
            including teachers from historically underrepresented groups,
            such as the provision of signing bonuses and other financial
            incentives.
                ``(2) Providing the necessary education and training,
            including paying (for programs that meet the criteria under
            section 203(b)(2)(A)(i) of the Higher Education Act of 1965 (20
            U.S.C. 1023(b)(2)(A)(i))) the costs of college tuition and
            other student fees to assist current teachers or other school
            personnel who are not fully qualified teachers to become fully
            qualified, except that, to receive funds under this paragraph,
            an individual must be within 2 years of completing an
            undergraduate degree and must agree to teach in a high-poverty,
            low-performing school for a period of at least 3 years.
                ``(3) Programs to assist new teachers during their first 3
            years in the classroom, such as--
                        ``(A) mentoring and coaching by trained mentor
                    teachers;
                        ``(B) team teaching with experienced teachers;
                        ``(C) observation by, and consultation with,
                    experienced teachers;
                        ``(D) assignment of fewer course preparations; and
                        ``(E) provision of additional time for preparation.
                ``(4) Provision of professional development aligned with
            State content and student performance standards.
                ``(5) Provision of professional development programs that
            enable teachers to effectively communicate with parents and
            involve parents in the educational process to support classroom
            instruction and to work effectively with parent volunteers.
                ``(6) Participation by teams of teachers in summer
            institutes and summer immersion activities that focus on
            preparing teachers to bring all students to high standards in
            one or more of the core academic subjects.
                ``(7) Subsidizing fees for teachers who participate in the
            assessment process of the National Board for Professional
            Teaching Standards.
                ``(8) Teacher participation in working groups, task forces,
            or committees, charged with adapting and implementing high
            standards for all students, including district-wide and school-
            based teams of teachers charged with aligning curricula and
            lesson plans with State content and student performance
            standards and assessments.
                ``(9) Programs to implement peer-assistance peer-review
            processes for teachers, principals, administrators, and other
            school staff.
                ``(10) Establishment and maintenance of local professional
            networks that provide a forum for interaction among teachers
            and that allow for the exchange of information on advances in
            content and pedagogy.
                ``(11) Development of incentives to encourage teachers
            employed by the agency, and other qualified individuals, to
            obtain proficiency in content knowledge in a core academic
            subject area identified by the agency as having a shortage of
            qualified teachers.
                ``(12) Development and acquisition of curricular materials
            and other instructional aids, if they are not normally provided
            by the local educational agency or the State as part of the
            regular instructional program, that will advance local reform
            efforts to raise student achievement against State content and
            student performance standards.
                ``(13) Providing increased opportunities for minorities,
            individuals with disabilities, and other individuals
            underrepresented in the teaching profession.

    ``SEC. 2020. LOCAL ACCOUNTABILITY.

        ``(a) Annual Reports.--Each local educational agency that receives
    funds under this subpart shall, beginning in fiscal year 2003, annually
    compile, publish, and submit to the State educational agency a report
    on its activities under this subpart, at such time, in such form, and
    containing such information as the State educational agency may
    reasonably require.
        ``(b) Contents.--Each report shall include the following
    information:
                ``(1) The percentage of classes taught in the jurisdiction
            of the agency by teachers who have not met State qualifications
            and licensing criteria for the grade levels of, and subject
            matter taught in, such classes.
                ``(2) The percentage of teachers teaching in the
            jurisdiction of the agency under emergency or other provisional
            status through which State qualifications or licensing criteria
            have been waived.
                ``(3) The percentage of teachers teaching in the
            jurisdiction of the agency who do not hold a postsecondary
            degree with a major in the subject areas in which they provide
            instruction.
                ``(4) The average class size.
                ``(5) Information on the progress of schools and teachers
            under this subpart, measured based on the program performance
            indicators described in section 2041 and any additional
            indicators included in the local educational agency's
            application.
                ``(6) The percentage of classes taught in the jurisdiction
            of the agency, disaggregated by school, and by unqualified
            teachers.
                ``(7) Such other information as the State educational
            agency may reasonably require.
        ``(c) Disaggregated Data.--Data collected for the purpose of
    carrying out this section shall be disaggregated by local educational
    agency and school.
        ``(d) Funding.--A local educational agency may reserve up to 5
    percent of the amount it receives under section 2012(a)(1)(A) to carry
    out this section.
        ``(e) Coordination.--The report required under this section shall
    be coordinated with reporting requirements under title I and other
    titles of this Act and shall not be duplicative of such reporting
    requirements.

    ``SEC. 2021. TECHNICAL ASSISTANCE.

        ``The State educational agency shall provide technical assistance
    to local educational agencies receiving a subgrant under this subpart
    that fail for 2 consecutive years to meet their goals, as measured
    using the performance indicators described in section 2041.

    ``SEC. 2022. CORRECTIVE ACTION.

        ``The State educational agency shall take corrective action,
    against any local educational agency that does not make sufficient
    effort to comply with this subpart within the time specified. In a case
    in which a State fails to take corrective action, the Secretary shall
    withhold funds from such State up to an amount equal to that described
    in section 2012(d).

    ``SEC. 2023. MAINTENANCE OF EFFORT.

        ``No funds may be provided to a local educational agency for a
    fiscal year under this subpart unless the State educational agency is
    satisfied that the local educational agency will spend, from other
    sources, at least as much for activities described in this subpart as
    the average amount it spent from other sources for those activities
    over the previous 3 fiscal years.

    ``SEC. 2024. EQUIPMENT AND TEXTBOOKS.

        ``A local educational agency may not use subgrant funds under this
    subpart for equipment, computer hardware, textbooks, telecommunications
    fees, or other items, that would otherwise be provided by the local
    educational agency, the State, or a private school whose students
    receive services under this part.

    ``SEC. 2025. SUPPLEMENT, NOT SUPPLANT.

        ``A local educational agency that receives funds under this subpart
    shall use those funds only to supplement the amount of funds or
    resources that would, in the absence of those Federal funds, be made
    available from non-Federal sources for the purposes of the program
    authorized under this subpart, and not to supplant those non-Federal
    funds or resources.

     ``Subpart 3--National Activities for the Improvement of Teaching and
                               School Leadership

    ``SEC. 2031. ACTIVITIES OF NATIONAL SIGNIFICANCE.

        ``(a) In General.--The Secretary may 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 nonprofit agencies, organizations, and
    institutions to carry out subsection (b).
        ``(b) Activities.--The Secretary--
                ``(1) may support activities of national significance that
            are not supported through other sources and that the Secretary
            determines will contribute to the improvement of teaching and
            school leadership in the Nation's schools, such as--
                        ``(A) supporting collaborative efforts by States,
                    or consortia of States, to review and benchmark the
                    quality, rigor, and alignment of State standards and
                    assessments;
                        ``(B) supporting collaborative efforts by States,
                    or consortia of States, to develop performance-based
                    systems for assessing content knowledge and teaching
                    skills prior to full teacher licensure;
                        ``(C) efforts to increase the portability of
                    teacher pensions and reciprocity of teaching
                    credentials across State lines; and
                        ``(D) research, evaluation, and dissemination
                    activities related to effective strategies for
                    increasing the portability of teachers' credited years
                    of experience across State and local educational agency
                    lines;
                ``(2) may support activities of national significance that
            the Secretary determines will contribute to the recruitment and
            retention of fully qualified teachers and principals in high-
            poverty local educational agencies and low-performing local
            educational agencies, such as--
                        ``(A) providing States with assistance in the
                    development of alternative certification programs that
                    lead to certification within 2 years and require
                    applicants to meet the same standards and pass the same
                    tests as other applicants;
                        ``(B) the development and implementation of a
                    national teacher recruitment clearinghouse and job
                    bank, which shall be coordinated and, to the extent
                    feasible, integrated with the America's Job Bank
                    administered by the Secretary of Labor--
                                ``(i) to disseminate information and
                            resources nationwide on entering the teaching
                            profession to persons interested in becoming
                            teachers;
                                ``(ii) to serve as a national resource
                            center for effective practices in teacher
                            recruitment and retention;
                                ``(iii) to link prospective teachers to
                            local educational agencies and training
                            resources with particular attention to high-
                            poverty local educational agencies and low-
                            performing local educational agencies with
                            critical teacher shortages; and
                                ``(iv) to provide information and technical
                            assistance to prospective teachers about
                            certification and other State and local
                            requirements related to teaching; and
                        ``(C) the development and implementation, or
                    expansion, of programs that recruit talented
                    individuals to become principals, including such
                    programs that employ alternative routes to State
                    certification, and that prepare both new and
                    experienced principals to serve as instructional
                    leaders, which may include the creation and operation
                    of a national center for the preparation and support of
                    principals as leaders of school reform; and
                ``(3) shall support the National Board for Professional
            Teaching Standards.

    ``SEC. 2032. EISENHOWER NATIONAL CLEARINGHOUSE FOR MATHEMATICS AND
                  SCIENCE EDUCATION.

        ``(a) Establishment of Clearinghouse.--The Secretary shall award a
    competitive grant or contract to establish the Eisenhower National
    Clearinghouse for Mathematics and Science Education (in this section
    referred to as the `Clearinghouse').
        ``(b) Authorized Activities.--
                ``(1) Application and award basis.--
                        ``(A) In general.--Each entity desiring to
                    establish and operate the Clearinghouse shall submit an
                    application to the Secretary at such time, in such
                    manner, and containing such information as the
                    Secretary may require.
                        ``(B) Peer review.--The Secretary shall establish a
                    peer review process to make recommendations on the
                    recipient of the award for the Clearinghouse.
                        ``(C) Merit.--The Secretary shall make the award
                    for the Clearinghouse on the basis of merit.
                ``(2) Duration.--The Secretary shall award the grant or
            contract for the Clearinghouse for a period of 5 years.
                ``(3) Activities.--The award recipient shall use the award
            funds to--
                        ``(A) maintain a permanent collection of such
                    mathematics and science education instructional
                    materials and programs for elementary and secondary
                    schools as the Secretary finds appropriate, with a
                    priority for such materials and programs that have been
                    identified as promising or exemplary, through a
                    systematic approach such as the use of expert panels
                    required under the Educational Research, Development,
                    Dissemination, and Improvement Act of 1994;
                        ``(B) disseminate the materials and programs
                    described in paragraph (1) to the public, State
                    educational agencies, local educational agencies, and
                    schools (particularly high-poverty, low-performing
                    schools), including through the maintenance of an
                    interactive national electronic information management
                    and retrieval system accessible through the Worldwide
                    Web and other advanced communications technologies;
                        ``(C) coordinate with other databases containing
                    mathematics and science curriculum and instructional
                    materials, including Federal, non-Federal, and, where
                    feasible, international databases;
                        ``(D) support the development and dissemination of
                    model professional development materials in mathematics
                    and science education;
                        ``(E) contribute materials or information, as
                    appropriate, to other national repositories or
                    networks; and
                        ``(F) gather qualitative and evaluative data on
                    submissions to the Clearinghouse, and disseminate that
                    data widely, including through the use of electronic
                    dissemination networks.
                ``(4) Submission to clearinghouse.--Each Federal agency or
            department that develops mathematics or science education
            instructional materials or programs, including the National
            Science Foundation and the Department, shall submit copies of
            that material and those programs to the Clearinghouse.
                ``(5) Steering committee.--The Secretary may appoint a
            steering committee to recommend policies and activities for the
            Clearinghouse.
                ``(6) Application of copyright laws.--
                        ``(A) In general.--Nothing in this section shall be
                    construed to allow the use or copying, in any medium,
                    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.
                        ``(B) Compliance.--In carrying out this section,
                    the Clearinghouse shall ensure compliance with title 17
                    of the United States Code.

      ``PART B--TRANSITION OF CAREER-CHANGING PROFESSIONALS TO TEACHING;
                               TROOPS TO TEACHERS

    ``SEC. 2101. FINDINGS.

        ``The Congress finds as follows:
                ``(1) School districts will need to hire more than
            2,000,000 teachers during the first decade of the 21st century.
                ``(2) The need for teachers in the areas of math, science,
            foreign languages, special education, and bilingual education,
            and for teachers able to teach in high-poverty school
            districts, will be particularly high. To meet this need,
            talented Americans of all ages should be recruited to become
            successful, qualified teachers.
                ``(3) Nearly 13 percent of teachers of academic subjects
            have neither an undergraduate major nor minor in their main
            assignment fields. This problem is most acute in high-poverty
            local educational agencies, where the out-of-field teaching
            percentage is 22 percent.
                ``(4) The Third International Math and Science Study
            (TIMSS) ranked United States high school seniors last among 16
            countries in physics and next to last in math. It is also
            evident, mainly from the TIMSS data, that based on academic
            scores, a stronger emphasis needs to be placed on the academic
            preparation of our children in math and science.
                ``(5) One-fourth of high-poverty local educational agencies
            find it very difficult to fill bilingual teaching positions,
            and nearly half of public school teachers have students in
            their classrooms for whom English is a second language.
                ``(6) Many career-changing professionals with strong
            content-area skills are interested in a teaching career, but
            they need assistance in getting the appropriate pedagogical
            training and classroom experience.
                ``(7) The teacher placement program known as the `troops-
            to-teachers program', which was established by the Secretary of
            Defense and the Secretary of Transportation under section 1151
    of title 10, United States Code, has been highly successful in securing
    high-quality teachers for teaching positions in high-poverty local
    educational agencies.

    ``SEC. 2102. PURPOSE.

        ``The purpose of this part is to address the need of local
    educational agencies that are high-poverty local educational agencies
    or low-performing local educational agencies for fully qualified
    teachers in particular subject areas, such as mathematics, science,
    foreign languages, bilingual education, and special education, by--
                ``(1) continuing and enhancing the troops-to-teachers
            program for recruiting and supporting the placement of former
            members of the Armed Forces as teachers in such local
            educational agencies; and
                ``(2) recruiting, preparing, placing, and supporting
            career-changing professionals who have knowledge and experience
            that will help them become such teachers.

    ``SEC. 2103. CONTINUATION AND SUPPORT FOR TROOPS-TO-TEACHERS PROGRAM.

        ``(a) Continuation.--The Secretary may enter into a written
    agreement with the Secretary of Defense and the Secretary of
    Transportation, or take such other steps as the Secretary determines
    are appropriate, to ensure effective continuation of the troops-to-
    teachers program, notwithstanding the duration of the program specified
    in section 1151(c)(1)(A) of title 10, United States Code.
        ``(b) Support.--Before providing any assistance under section 2104
    for a fiscal year, the Secretary shall first--
                ``(1) consult with the Secretary of Defense and the
            Secretary of Transportation regarding the appropriate amount of
            funding needed to continue and enhance the troops-to-teachers
            program; and
                ``(2) upon agreement, transfer that amount to the Secretary
            of Defense to carry out the troops-to-teachers program.

    ``SEC. 2104. TRANSITION OF CAREER-CHANGING PROFESSIONALS TO TEACHING.

        ``(a) Authority To Support Transition Programs.--The Secretary may
    use funds appropriated pursuant to the authorization of appropriations
    in section 2108 to award grants to, and enter into contracts or
    cooperative agreements with, institutions of higher education,
    including historically Black colleges and universities and Hispanic-
    serving institutions, and public and private nonprofit agencies or
    organizations to recruit, prepare, place, and support career-changing
    professionals as teachers in local educational agencies that are high-
    poverty local educational agencies or low-performing local educational
    agencies.
        ``(b) Application.--Each entity described in subsection (a) that
    desires assistance under subsection (a) shall submit an application to
    the Secretary containing such information as the Secretary may require,
    including--
                ``(1) a description of the target group of career-changing
            professionals upon which the applicant will focus in carrying
            out its program under this part, including a description of the
            characteristics of that target group that shows how the
            knowledge and experience of its members are relevant to meeting
            the purpose of this part;
                ``(2) a description of how the applicant will identify and
            recruit career-changing professional for its program under this
            part;
                ``(3) a description of the training that career-changing
            professionals will receive in the program and how that training
            will relate to their certification as teachers;
                ``(4) a description of how the applicant will ensure that
            career-changing professionals are placed and teach in high-
            poverty local educational agencies or low-performing local
            educational agencies;
                ``(5) a description of the teacher induction services
            (which may be provided through existing induction programs)
            that the career-changing professionals in the program will
            receive throughout at least their first year of teaching;
                ``(6) a description of how the applicant will collaborate,
            as needed, with other institutions, agencies, or organizations
            to recruit, train, place, and support career-changing
            professionals under this part, including evidence of the
            commitment of those institutions, agencies, or organizations to
            the applicant's program;
                ``(7) a description of how the applicant will evaluate the
            progress and effectiveness of its program, including--
                        ``(A) the program's goals and objectives;
                        ``(B) the performance indicators the applicant will
                    use to measure the program's progress; and
                        ``(C) the outcome measures that will be used to
                    determine the program's effectiveness; and
                ``(8) an assurance that the applicant will provide to the
            Secretary such information as the Secretary determines
            necessary to determine the overall effectiveness of programs
            under this part.

    ``SEC. 2105. USES OF FUNDS AND PERIOD OF SERVICE.

        ``(a) Authorized Activities.--Funds provided under section 2104 may
    be used for--
                ``(1) recruiting career-changing professionals, including
            informing them of opportunities under the program and putting
            them in contact with other institutions, agencies, or
            organizations that would train, place, and support them;
                ``(2) training stipends and other financial incentives for
            career-changing professional in the program, such as moving
            expenses, not to exceed $5,000, in the aggregate, per
            participant;
                ``(3) assisting institutions of higher education or other
            providers of teacher training to tailor their training to meet
            the particular needs of career-changing professionals;
                ``(4) placement activities, including identifying high-
            poverty, low-performing local educational agencies with needs
            for the particular skills and characteristics of the newly
            trained career-changing professionals and assisting those
            persons to obtain employment in those local educational
            agencies; and
                ``(5) post-placement induction or support activities.
        ``(b) Period of Service.--A career-changing professional selected
    to participate in a program under this part who completes his or her
    training shall serve in a high-poverty local educational agency or a
    low-performing local educational agency for at least 3 years.
        ``(c) Repayment.--The Secretary shall establish such requirements
    as the Secretary determines appropriate to ensure that career-changing
    professionals who receive a training stipend or other financial
    incentive under subsection (a)(2), but who fail to complete their
    service obligation under subsection (b), repay all or a portion of such
    stipend or other incentive.

    ``SEC. 2106. EQUITABLE DISTRIBUTION.

        ``To the extent practicable, the Secretary shall make awards and
    enter into contracts and cooperative agreements under section 2104 to
    support teacher placement programs for career-changing professionals in
    different geographic regions of the United States.

    ``SEC. 2107. AUTHORIZATION OF APPROPRIATIONS.

        ``For the purpose of carrying out this part, there is authorized to
    be appropriated to the Secretary $40,000,000 for each of fiscal years
    2002 and such sums as may be necessary for the next 4 succeeding fiscal
    years.

                         ``PART C--CLASS SIZE REDUCTION

    ``SEC. 2201. GRANT PROGRAM.

        ``(a) Purpose.--The purposes of this section are--
                ``(1) to reduce class size through the use of fully
            qualified teachers;
                ``(2) to assist States and local educational agencies in
            recruiting, hiring, and training 100,000 teachers in order to
            reduce class sizes nationally, in grades 1 through 3, to an
            average of 18 students per regular classroom; and
                ``(3) to improve teaching in those grades so that all
            students can learn to read independently and well by the end of
            the 3d grade.
        ``(b) Allotment to States.--
                ``(1) Reservation.--From the amount made available to carry
            out this part for a fiscal year, the Secretary shall reserve
            not more than 1 percent for the Secretary of the Interior (on
            behalf of the Bureau of Indian Affairs) and the outlying areas
            for activities carried out in accordance with this section.
                ``(2) State allotments.--
                        ``(A) Hold harmless.--
                                ``(i) In general.--Subject to subparagraph
                            (B) and clause (ii), from the amount made
                            available to carry out this part for a fiscal
                            year and not reserved under paragraph (1), the
                            Secretary shall allot to each State an amount
                            equal to the amount that such State received
                            for the preceding fiscal year under this
                            section or section 306 of the Department of
                            Education Appropriations Act, 2001, as the case
                            may be.
                                ``(ii) Ratable reduction.--If the amount
                            made available to carry out this part for a
                            fiscal year and not reserved under paragraph
                            (1) is insufficient to pay the full amounts
                            that all States are eligible to receive under
                            clause (i) for such fiscal year, the Secretary
                            shall ratably reduce such amounts for such
                            fiscal year.
                        ``(B) Allotment of additional funds.--
                                ``(i) In general.--Subject to clause (ii),
                            for any fiscal year for which the amount made
                            available to carry out this part and not
                            reserved under paragraph (1) exceeds the amount
                            made available to the States for the preceding
                            year under the authorities described in
                            subparagraph (A)(i), the Secretary shall allot
                            to each of those States the percentage of the
                            excess amount that is the greater of--
                                        ``(I) the percentage the State
                                    received for the preceding fiscal year
                                    of the total amount made available to
                                    the States under section 1122; or
                                        ``(II) the percentage so received
                                    of the total amount made available to
                                    the States under section 6511(b), as in
                                    effect on the day before the date of
                                    the enactment of the Excellence and
                                    Accountability in Education Act, or the
                                    corresponding provision of this title,
                                    as the case may be.
                                ``(ii) Ratable reductions.--If the excess
                            amount for a fiscal year is insufficient to pay
                            the full amounts that all States are eligible
                            to receive under clause (i) for such fiscal
                            year, the Secretary shall ratably reduce such
                            amounts for such fiscal year.
        ``(c) Allocation to Local Educational Agencies.--
                ``(1) Allocation.--Each State that receives funds under
            this section shall allocate 100 percent of those funds to local
            educational agencies, of which--
                        ``(A) 80 percent shall be allocated to those local
                    educational agencies in proportion to the number of
                    children, age 5 through 17, from families with incomes
                    below the poverty line (as defined by the Office of
                    Management and Budget and revised annually in
                    accordance with section 673(2) of the Community
                    Services Block Grant Act (42 U.S.C. 9902(2)))
                    applicable to a family of the size involved, who reside
                    in the school district served by that local educational
                    agency for the most recent fiscal year for which
                    satisfactory data are available, compared to the number
                    of those children who reside in the school districts
                    served by all the local educational agencies in the
                    State for that fiscal year; and
                        ``(B) 20 percent shall be allocated to those local
                    educational agencies in accordance with the relative
                    enrollments of children, age 5 through 17, in public
                    and private nonprofit elementary schools and secondary
                    schools within the areas served by those agencies.
                ``(2) Exception.--Notwithstanding paragraph (1) and
            subsection (d)(2)(B), if the award to a local educational
            agency under this section is less than the starting salary for
            a new fully qualified teacher for a school served by that
            agency, that agency may use funds made available under this
            section to--
                        ``(A) help pay the salary of a full- or part-time
                    fully qualified teacher hired to reduce class size,
                    which may be done in combination with the expenditure
                    of other Federal, State, or local funds; or
                        ``(B) pay for activities described in subsection
                    (d)(2)(A)(iii) that may be related to teaching in
                    smaller classes.
        ``(d) Use of Funds.--
                ``(1) Mandatory uses.--Each local educational agency that
            receives funds under this section shall use those funds to
            carry out effective approaches to reducing class size through
            use of fully qualified teachers to improve educational
            achievement for both regular and special needs children, with
            particular consideration given to reducing class size in the
            early elementary grades for which some research has shown class
            size reduction is most effective.
                ``(2) Permissible uses.--
                        ``(A) In general.--Each such local educational
                    agency may use funds made available under this section
                    for--
                                ``(i) recruiting (including through the use
                            of signing bonuses, and other financial
                            incentives), hiring, and training fully
                            qualified regular and special education
                            teachers (which may include hiring special
                            education teachers to team-teach with regular
                            teachers in classrooms that contain both
                            children with disabilities and non-disabled
                            children) and teachers of special needs
                            children;
                                ``(ii) testing new teachers for academic
                            content knowledge, and to meet State
                            certification or licensing requirements that
                            are consistent with title II of the Higher
                            Education Act of 1965; and
                                ``(iii) providing professional development
                            (which may include such activities as promoting
                            retention and mentoring) for teachers,
                            including special education teachers and
                            teachers of special needs children, in order to
                            meet the goal of ensuring that all teachers
                            have the general knowledge, teaching skills,
                            and subject matter knowledge necessary to teach
                            effectively in the content areas in which the
                            teachers teach, consistent with title II of the
                            Higher Education Act of 1965.
                        ``(B) Limitation on testing and professional
                    development.--
                                ``(i) In general.--Except as provided in
                            clause (ii), a local educational agency may use
                            not more than a total of 25 percent of the
                            funds received by the agency under this section
                            for activities described in clauses (ii) and
                            (iii) of subparagraph (A).
                                ``(ii) Special rule.--A local educational
                            agency may use more than 25 percent of the
                            funds the agency receives under this section
                            for activities described in subparagraph
                            (A)(iii) for the purpose of helping teachers
                            who are not yet fully qualified in attaining
                            full qualification if 10 percent or more of the
                            elementary school classes in a school are
                            taught by individuals who are not fully
                            qualified teachers or the State educational
                            agency has waived State certification or
                            licensing requirements for 10 percent or more
                            of such teachers.
                        ``(C) Use of funds by agencies that have reduced
                    class size.--Notwithstanding subparagraph (B), a local
                    educational agency that has already reduced class size
                    in the early elementary grades to 18 or fewer children
                    (or has already reduced class size to a State or local
                    class size reduction goal that was in effect on
                    November 28, 1999 if that goal is 20 or fewer children)
                    may use funds received under this section--
                                ``(i) to make further class size reductions
                            in kindergarten through third grade;
                                ``(ii) to reduce class size in other
                            grades; or
                                ``(iii) to carry out activities to improve
                            teacher quality, including professional
                            development.
                ``(3) Supplement, not supplant.--Each such agency shall use
            funds made available under this section only to supplement, and
            not to supplant, State and local funds that, in the absence of
            funds made available under this section, would otherwise be
    expended for activities described in this section.
                ``(4) Limitation on use for salaries and benefits.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), no funds made available under this
                    section may be used to increase the salaries of, or
                    provide benefits (other than participation in
                    professional development and enrichment programs) to,
                    teachers who are not hired under this section.
                        ``(B) Exception.--Funds made available under this
                    section may be used to pay the salaries of teachers
                    hired under section 306 of the Department of Education
                    Appropriations Act, 2001.
        ``(e) Reports.--
                ``(1) State activities.--Each State receiving funds under
            this section shall prepare and submit to the Secretary a
            biennial report on activities carried out in the State under
            this section that provides the information described in section
            6122(a)(2) with respect to the activities.
                ``(2) Progress concerning class size and qualified
            teachers.--Each State and local educational agency receiving
            funds under this section shall annually report to parents and
            the public, in numeric form as compared to the previous year,
            on--
                        ``(A) the agency's progress in reducing class size,
                    and increasing the percentage of classes in core
                    academic areas taught by fully qualified teachers ; and
                        ``(B) the impact that hiring additional fully
                    qualified teachers and reducing class size, has had, if
                    any, on increasing student academic achievement.
                ``(3) Notice.--Each local educational agency that receives
            funds under this section shall provide to each individual
            parent of a child who attends a school in such local
            educational agency timely, written notice if the child has been
            assigned or has been taught for 2 or more consecutive weeks by
            a substitute teacher, as defined by such local educational
            agency, or a teacher who is not fully qualified.
        ``(f) Private Schools.--If a local educational agency uses funds
    made available under this section for professional development
    activities, the agency shall ensure the equitable participation of
    private nonprofit elementary schools and secondary schools in such
    activities in accordance with section 6402. Section 6402 shall not
    apply to other activities carried out under this section.
        ``(g) Administrative Expenses.--A local educational agency that
    receives funds under this section may use not more than 3 percent of
    such funds for local administrative costs.
        ``(h) Request for Funds.--Each local educational agency that
    desires to receive funds under this section shall include in the
    application required under section 2017 a description of the agency's
    program to reduce class size by hiring additional fully qualified
    teachers.
        ``(i) Certification, Licensing, and Competency.--No funds made
    available under this section may be used to pay the salary of any
    teacher unless such teachers is fully qualified.
        ``(j) Definition.--As used in this section, the term `certified'
    includes certification through State or local alternative routes.

    ``SEC. 2202. AUTHORIZATION OF APPROPRIATIONS.

        ``There are authorized to be appropriated to carry out this part
    $2,537,000,000 for fiscal year 2002 $3,452,000,000 for fiscal year
    2003, $4,336,000,000 for fiscal year 2004, and $5,281,000,000 for
    fiscal years 2005 and 2006.''.
        (b) National Writing Project; Teacher Compensation; Principal
    Leadership Development; General Provisions.--Part K of title X is
    repealed. Title II is amended by adding at the end the following:

                       ``PART E--NATIONAL WRITING PROJECT

    ``SEC. 2301. FINDINGS AND PURPOSES.

        ``(a) Findings.--Congress finds that--
                ``(1) the United States faces a continuing crisis in
            writing in schools and in the workplace;
                ``(2) the writing problem has been magnified by the rapidly
            changing student population, the growing number of at-risk
            students due to limited English proficiency, the shortage of
            adequately trained teachers, and the specialized knowledge
            required of teachers to teach students with special needs who
            are now part of mainstream classrooms;
                ``(3) nationwide reports from universities and colleges
            show that entering students are unable to meet the demands of
            college level writing, almost all 2-year institutions of higher
            education offer remedial writing courses, and three-quarters of
            public 4-year institutions of higher education and half of all
            private 4-year institutions of higher education must provide
            remedial courses in writing;
                ``(4) American businesses and corporations are concerned
            about the limited writing skills of both entry-level workers
            and executives whose promotions are denied due to inadequate
            writing abilities;
                ``(5) writing is fundamental to learning, including
            learning to read, yet writing has been neglected historically
            in schools and in teacher training institutions;
                ``(6) writing is a central feature in State and school
            district education standards in all disciplines;
                ``(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 the goals of which are to improve student achievement
            in writing and student learning through improving the teaching
            and uses of writing at all grade levels and in all disciplines;
                ``(8) the National Writing Project is a nationally
            recognized and honored nonprofit organization that improves the
            quality of teaching and teachers through developing teacher
            leaders who teach other teachers in summer and school year
            programs;
                ``(9) evaluations of the National Writing Project document
            the positive impact the project has had on improving the
            teaching of writing, student performance in writing, and
            student learning;
                ``(10) the National Writing Project has become a model for
            programs to improve teaching in such other fields as
            mathematics, science, history, reading and literature,
            performing arts and foreign languages;
                ``(11) each year over 150,000 participants benefit from
            National Writing Project programs in 1 of 156 United States
            sites located in 46 States and the Commonwealth of Puerto Rico;
            and
                ``(12) the National Writing Project is a cost-effective
            program and leverages over 6 dollars for every 1 Federal
            dollar.
        ``(b) Purpose.--It is the purpose of this part--
                ``(1) to support and promote the expansion of the National
            Writing Project network of sites so that teachers in every
            region of the United States will have access to a National
            Writing Project program;
                ``(2) to ensure the consistent high quality of the sites
            through ongoing review, evaluation and technical assistance;
                ``(3) to support and promote the establishment of programs
            to disseminate effective practices and research findings about
            the teaching of writing; and
                ``(4) to coordinate activities assisted under this part
            with activities assisted under this Act.

    ``SEC. 2302. AUTHORIZATION.

        ``(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 that has as its
    primary purpose the improvement of the quality of student writing and
    learning, to improve the teaching and uses of writing to learn in our
    Nation's classrooms.
        ``(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 (e) 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 $100,000 for any 1 contractor, or $200,000 for a
            statewide program administered by any 1 contractor in at least
            5 sites throughout the State.
        ``(e) 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.
        ``(f) 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 11501. 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 (h) for fiscal year 2002 and the
            4 succeeding fiscal years to conduct the evaluation described
            in paragraph (1).
        ``(g) 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.
        ``(h) Authorization of Appropriations.--There are authorized to be
    appropriated for the grant to the National Writing Project, $15,000,000
    for fiscal year 2002 and such sums as may be necessary for each of the
    4 succeeding fiscal years.

                         ``PART F--TEACHER COMPENSATION

    ``SEC. 2351. PURPOSE.

        ``The purpose of this part is to provide additional compensation to
    attract and retain fully qualified teachers who provide instruction in
    disadvantaged and low-performing schools.

    ``SEC. 2352. PROGRAM AUTHORIZED.

        ``(a) Grants.--The Secretary is authorized, in accordance with the
    provisions of this part, to award grants, on a competitive basis, to
    local educational agencies with approved applications under section
    2353 for the purpose of providing additional compensation to attract
    and retain fully qualified teachers who provide instruction in
    disadvantaged and low-performing schools.
        ``(b) Equitable Distribution.--In awarding grants under this part,
    the Secretary shall assure an equitable distribution of assistance
    among urban and rural areas of the United States.
        ``(c) Minimum Amount.--The Secretary shall ensure that all grants
    awarded under this part are of sufficient size and scope so as to be
    effective and such grants are in an amount consistent with section
    2354(a).

    ``SEC. 2353. ELIGIBILITY; APPLICATION.

        ``(a) Eligibility.--To be eligible to receive a grant under this
    part, a local educational agency shall have no less than 20 percent of
    its children from families with incomes below the poverty line.
        ``(b) Application Required.--To be eligible to receive a grant
    under this part, a local educational agency shall submit an application
    to the Secretary at such time, in such manner, and accompanied by such
    information as the Secretary may reasonably prescribe.
        ``(c) Assurances.--Each such application, at a minimum, shall
    include--
                ``(1) an assurance that teachers receiving compensation are
            fully qualified;
                ``(2) an assurance that teachers from all academic subjects
            are permitted to participate, including special education
            teachers, and teachers with expertise in teaching students with
            limited English proficiency, and
                ``(3) a description of how funds made available under this
            part shall be used in conjunction with other federal, state,
            and local resources to attract and retain fully qualified
            teachers, including how such funds will be used to make
            progress on the performance indicators specified in section
            2401.

    ``SEC. 2354. USES OF FUNDS.

        ``(a) Additional Compensation.--Local educational agencies
    receiving a grant under this part shall use such funds to provide
    additional compensation to teachers, up to $5,000 per individual
    teacher per academic year, who teach in schools--
                ``(1) of which 50 percent of children are from families
            with incomes below the poverty line; or
                ``(2) which are identified for school improvement or
            corrective action under section 1116.
        ``(b) Fully Qualified.--All teachers who receive compensation under
    this part shall be fully qualified, and shall agree to teach in schools
    described under subsection (a)(1) for at least 2 academic years.

    ``SEC. 2355. EVALUATION.

        ``(a) National Evaluation.--(1) The Secretary shall develop a plan
    for a national evaluation of this part to assess its effectiveness in
    increasing the percentage of classes in schools in which fully
    qualified teachers receiving additional compensation under this part
    are teaching.
        ``(2) The evaluation required under paragraph (1) shall focus on
    the results for schools in the three years following the initial
    distribution of funds under this part.
        ``(b) Report.--Prior to the completion of the national evaluation
    under subsection (a), the Secretary shall submit an interim report
    outlining first-year implementation activities and their effectiveness
    to the Committee on Education and the Workforce of the House of
    Representatives and the Committee on Health, Education, Labor, and
    Pensions of the Senate.

    ``SEC. 2356. AUTHORIZATION OF APPROPRIATIONS.

        ``For purposes of carrying out this part, there are authorized to
    be appropriated $1,000,000,000 for fiscal year 2002, $1,130,000,000 for
    fiscal year 2003, $1,276,000,000 for fiscal year 2004, $1,442,000,000
    for fiscal year 2005, and $1,630,000,000 for fiscal year 2006.

                   ``PART G--PRINCIPAL LEADERSHIP DEVELOPMENT

    ``SEC. 2361. PROFESSIONAL DEVELOPMENT FOR PRINCIPALS AS LEADERS OF
                  SCHOOL REFORM.

        ``(a) Competitive Grants.--The Secretary is authorized to award, on
    a competitive basis, grants to eligible partnerships--
                ``(1) consisting of--
                        ``(A) one or more institutions of higher education
                    that provide professional development for principals
                    and other school administrators; and
                        ``(B) one or more local educational agencies; and
                ``(2) that may include other entities, agencies, and
            organizations, such as a State educational agency, a State
            agency for higher education, or professional organizations for
            principals, administrators, teachers, and parents.
        ``(b) Application.--An eligible partnership that desires to receive
    a grant under this section shall submit an application at such time, in
    such form, and containing such information as the Secretary may
    require. Each such application shall include--
                ``(1) a description of the activities the partnership will
            carry out to meet the purpose of this part;
                ``(2) a description of how those activities will build on
            and be coordinated with other professional development
            activities, including activities under this title and title II
            of the Higher Education Act of 1965;
                ``(3) a description of how principals, teachers, and other
            interested parties were involved in developing the application
            and will be involved in planning and carrying out the
            activities under this section; and
                ``(4) a description of how the professional development
            will result in the acquisition of a license, degree, or
            continuing education unit.
        ``(c) Use of Funds.--An eligible partnership that receives a grant
    under this section shall use the grant funds to provide professional
    development to principals and other school administrators to enable
    them to be effective school leaders and prepare all students to achieve
    to challenging State content and student performance standards,
    including professional development on--
                ``(1) comprehensive school reform;
                ``(2) leadership skills;
                ``(3) recruitment, assignment, retention and evaluation of
            teacher and other instructional staff;
                ``(4) State content standards;
                ``(5) effective instructional practice;
                ``(6) using smaller classes effectively; and
                ``(7) parental and community involvement.
        ``(d) Authorization of Appropriations.--For purposes of carrying
    out this part, there are authorized to be appropriated $100,000,000 for
    fiscal year 2002, and such sums as may be necessary for the 4
    succeeding fiscal years.

                          ``PART H--GENERAL PROVISIONS

    ``SEC. 2401. PERFORMANCE INDICATORS.

        ``(a) Minimum Indicators.--At a minimum, the indicators of program
    performance under part B, against which recipients of funds under this
    title shall report their progress in such manner as the Secretary may
    determine, are the following:
                ``(1) Improvement in student achievement.
                ``(2) An increase in the percentage of classes taught by
            fully qualified teachers, including teachers from minority and
            other historically underrepresented groups.
                ``(3) An equalization, between high- and low-poverty
            schools in a local educational agency, of classes in core
            academic areas taught by fully qualified teachers.
                ``(4) An increase in the percentage of fully qualified
            teachers.
                ``(5) An increase in the percentage of paraprofessionals
            who have completed a certification program.

    ``SEC. 2402. DEFINITIONS.

        ``As used in this title:
                ``(1) Career-changing professional.--The term `career-
            changing professional' means a person who--
                        ``(A) holds at least a baccalaureate degree;
                        ``(B) demonstrates a commitment to changing the
                    person's current professional career and becoming a
                    teacher; and
                        ``(C) has knowledge and experience that is relevant
                    to teaching a high-need subject area in a high-poverty
                    local educational agency.
                ``(2) High-poverty local educational agency.--The term
            `high-poverty local educational agency' means a local
            educational agency in which--
                        ``(A) the percentage of children, ages 5 through
                    17, from families below the poverty level (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 (42 U.S.C. 9902(2)))
                    applicable to a family of the size involved for the
                    most recent fiscal year for which satisfactory data are
                    available is 33 percent or greater; or
                        ``(B) the number of such children exceeds 10,000.
                ``(3) Low-performing local educational agency.--The term
            `low-performing local educational agency' means--
                        ``(A) a local educational agency that includes a
                    school identified by the agency for school improvement
                    under section 1116(c); or
                        ``(B) a local educational agency that includes a
                    school in which at least 50 percent of the students
                    fail to meet State student performance standards based
                    on assessments the agency is using under part A of
                    title I.
                ``(4) Technology deficient.--The term `technology
            deficient', when used with respect to a local educational
            agency or a school, means that the agency or school does not
            possess the equipment, networking, or skills to use technology
            to enhance teaching and learning.
                ``(5) Technology proficient.--The term `technology
            proficient', when used with respect to a local educational
            agency or a school, means that the agency or school possesses
            the equipment, networking, and skills to use technology to
            enhance teaching and learning.
                ``(6) Troops-to-teachers program.--The term `troops-to-
            teachers program' means the teachers and teachers' aide
            placement program for separated members of the Armed Forces
            that was established by the Secretary of Defense, and the
            Secretary of Transportation with respect to the Coast Guard,
            under section 1151 of title 10, United States Code.
                ``(7) Unqualified teacher.--The term `unqualified teacher'
            means a teacher who is not fully qualified.

    ``SEC. 2403. FUNDING FOR TEACHER QUALITY.

        ``(a) Use of Funds.--Notwithstanding any other provision of this
    Act, local educational agencies may use funds appropriated under
    sections 1002(a), 2003(a), and 6002(a) to provide the necessary
    education, training, and professional development to ensure that all
    teachers become fully qualified. Such assistance may include--
                ``(1) the use of signing bonuses or other financial
            incentives to recruit and retain fully qualified teachers;
                ``(2) collaboration with programs that recruit, place, and
            train fully qualified teachers; or
                ``(3) subsidizing the costs of college tuition and other
            students fees (for programs that meet the criteria under
            section 203(a)(2)(A)(i) of the Higher Education Amendments of
            1998, relating to the passage rates of graduates from the
            program), to help current teachers, and other school personnel,
            to become fully qualified teachers.
        ``(b) Special Rule.--In order to receive assistance under
    subsection (a)(3), a teacher must agree to teach for at least 2
    subsequent years after receiving such assistance in a school in which
    the enrollment of children counted under section 1124(c) exceeds 50
    percent of the total enrollment of that school.''.

    SEC. 202. READING EXCELLENCE ACT.

        Section 2260(a) (20 U.S.C. 6661i(a)) is amended by adding at the
    end the following:
                ``(3) Fiscal years 2002 to 2006.--There are authorized to
            be appropriated to carry out this part $350,000,000 for fiscal
            year 2002 and such sums as may be necessary for fiscal years
            2003 through 2006.''.

    SEC. 203. STUDENT LOAN FORGIVENESS FOR TEACHERS.

        (a) Guaranteed Loans.--Section 428J of the Higher Education Act of
    1965 (20 U.S.C. 1078-10) is amended to read as follows:

    ``SEC. 428J. LOAN FORGIVENESS FOR TEACHERS.

        ``(a) Statement of Purpose.--It is the purpose of this section to
    encourage individuals to enter and continue in the teaching profession.
        ``(b) Program Authorized.--The Secretary shall carry out a program,
    through the holder of the loan, of assuming the obligation to repay in
    accordance with subsection (c) a qualified loan amount for a loan made
    under section 428 or 428H for any borrower who--
                ``(1) is employed as a full-time teacher during the
            academic year beginning in calendar year 2001 or during any
            subsequent academic year--
                        ``(A) in a school that qualifies under section
                    465(a)(2)(A) for loan cancellation for Perkins loan
                    recipients who teach in such schools;
                        ``(B) if employed as a secondary school teacher, is
                    teaching--
                                ``(i) a subject area that is relevant to
                            the borrower's academic major as certified by
                            the chief administrative officer of the public
                            or nonprofit private secondary school in which
                            the borrower is employed; or
                                ``(ii) special education or bilingual
                            education;
                        ``(C) if employed as an elementary school teacher,
                    has demonstrated, as certified by the chief
                    administrative officer of the public or nonprofit
                    private elementary school in which the borrower is
                    employed, knowledge and teaching skills in reading,
                    writing, mathematics, special education, bilingual
                    education, and other areas of the elementary school
                    curriculum; and
                        ``(D) is fully qualified, as such term is defined
                    in section 10101 of the Elementary and Secondary
                    Education Act of 1965; and
                ``(2) is not in default on a loan for which the borrower
            seeks forgiveness.
        ``(c) Qualified Loans Amount.--
                ``(1) In general.--Of the aggregate loan obligations of a
            borrower on loans made under section 428 or 428H that are
            outstanding after the completion of the first complete school
            year of teaching described in subsection (b)(1) for which the
            borrower applies for repayment under this section, the
            Secretary shall repay not more than--
                        ``(A) $3,000 for each of the first and second such
                    complete school years;
                        ``(B) $4,000 for the third such complete school
                    year; and
                        ``(C) $5,000 for each of the fourth and fifth such
                    complete school years.
                ``(2) Treatment of consolidation loans.--A loan amount for
            a loan made under section 428C may be a qualified loan amount
            for the purposes of this subsection only to the extent that
            such loan amount was used to repay a Federal Direct Stafford
            Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan
            made under section 428 or 428H for a borrower who meets the
            requirements of subsection (b), as determined in accordance
            with regulations prescribed by the Secretary.
        ``(d) Regulations.--The Secretary is authorized to issue such
    regulations as may be necessary to carry out the provisions of this
    section.
        ``(e) Construction.--Nothing in this section shall be construed to
    authorize any refunding of any repayment of a loan.
        ``(f) List.--If the list of schools in which a teacher may perform
    service pursuant to subsection (b) is not available before May 1 of any
    year, the Secretary may use the list for the year preceding the year
    for which the determination is made to make such service determination.
        ``(g) Additional Eligibility Provisions.--
                ``(1) Continued eligibility.--Any teacher who performs
            service in a school that--
                        ``(A) meets the requirements of subsection
                    (b)(1)(A) in any year during such service; and
                        ``(B) in a subsequent year fails to meet the
                    requirements of such subsection,
            may continue to teach in such school and shall be eligible for
            loan forgiveness pursuant to subsection (b).
                ``(2) Prevention of double benefits.--No borrower may, for
            the same service, receive a benefit under both this subsection
            and subtitle D of title I of the National and Community Service
            Act of 1990 (42 U.S.C. 12571 et seq.). No borrower may receive
            a reduction of loan obligations under both this section and
            section 460.
        ``(h) Definition.--For purposes of this section, the term `year',
    where applied to service as a teacher, means an academic year as
    defined by the Secretary.''.
        (b) Direct Loans.--Section 460 of such Act (20 U.S.C. 1087j) is
    amended to read as follows:

    ``SEC. 460. LOAN FORGIVENESS FOR TEACHERS.

        ``(a) Statement of Purpose.--It is the purpose of this section to
    encourage individuals to enter and continue in the teaching profession.
        ``(b) Program Authorized.--The Secretary shall carry out a program
    of canceling the obligation to repay a qualified loan amount in
    accordance with subsection (c) for Federal Direct Stafford Loans and
    Federal Direct Unsubsidized Stafford Loans made under this part for any
    borrower who--
                ``(1) is employed as a full-time teacher during the
            academic year beginning in calendar year 2001 or during any
            subsequent academic year--
                        ``(A) in a school that qualifies under section
                    465(a)(2)(A) for loan cancellation for Perkins loan
                    recipients who teach in such schools;
                        ``(B) if employed as a secondary school teacher, is
                    teaching--
                                ``(i) a subject area that is relevant to
                            the borrower's academic major as certified by
                            the chief administrative officer of the public
                            or nonprofit private secondary school in which
                            the borrower is employed; or
                                ``(ii) special education or bilingual
                            education;
                        ``(C) if employed as an elementary school teacher,
                    has demonstrated, as certified by the chief
                    administrative officer of the public or nonprofit
                    private elementary school in which the borrower is
                    employed, knowledge and teaching skills in reading,
                    writing, mathematics, special education, bilingual
                    education, and other areas of the elementary school
                    curriculum; and
                        ``(D) is fully qualified, as such term is defined
                    in section 10101 of the Elementary and Secondary
                    Education Act of 1965; and
                ``(2) is not in default on a loan for which the borrower
            seeks forgiveness.
        ``(c) Qualified Loans Amount.--
                ``(1) In general.--Of the aggregate loan obligations of a
            borrower on Federal Direct Stafford Loans and Federal Direct
            Unsubsidized Stafford Loans made under this part that are
            outstanding after the completion of the first complete school
            year of teaching described in subsection (b)(1) for which the
    borrower applies for cancellation under this section, the Secretary
    shall cancel not more than--
                        ``(A) $3,000 for each of the first and second such
                    complete school years;
                        ``(B) $4,000 for the third such complete school
                    year; and
                        ``(C) $5,000 for each of the fourth and fifth such
                    complete school years.
                ``(2) Treatment of consolidation loans.--A loan amount for
            a Federal Direct Consolidation Loan may be a qualified loan
            amount for the purposes of this subsection only to the extent
            that such loan amount was used to repay a Federal Direct
            Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or
            a loan made under section 428 or 428H, for a borrower who meets
            the requirements of subsection (b), as determined in accordance
            with regulations prescribed by the Secretary.
        ``(d) Regulations.--The Secretary is authorized to issue such
    regulations as may be necessary to carry out the provisions of this
    section.
        ``(e) Construction.--Nothing in this section shall be construed to
    authorize any refunding of any repayment of a loan.
        ``(f) List.--If the list of schools in which a teacher may perform
    service pursuant to subsection (b) is not available before May 1 of any
    year, the Secretary may use the list for the year preceding the year
    for which the determination is made to make such service determination.
        ``(g) Additional Eligibility Provisions.--
                ``(1) Continued eligibility.--Any teacher who performs
            service in a school that--
                        ``(A) meets the requirements of subsection
                    (b)(1)(A) in any year during such service; and
                        ``(B) in a subsequent year fails to meet the
                    requirements of such subsection,
            may continue to teach in such school and shall be eligible for
            loan forgiveness pursuant to subsection (b).
                ``(2) Prevention of double benefits.--No borrower may, for
            the same service, receive a benefit under both this subsection
            and subtitle D of title I of the National and Community Service
            Act of 1990 (42 U.S.C. 12571 et seq.). No borrower may receive
            a reduction of loan obligations under both this section and
            section 428J.
        ``(h) Definition.--For purposes of this section, the term `year',
    where applied to service as a teacher, means an academic year as
    defined by the Secretary.''.

                      TITLE III--TECHNOLOGY FOR EDUCATION

    SEC. 301. TECHNOLOGY FOR EDUCATION.

        Title III (20 U.S.C. 6801 et seq.) is amended to read as follows:

                     ``TITLE III--TECHNOLOGY FOR EDUCATION

    ``SEC. 3001. SHORT TITLE.

        ``This title may be cited as the `Technology for Education Act'.

    ``SEC. 3002. FINDINGS.

        ``Congress finds the following:
                ``(1) Technology can--
                        ``(A) support education improvement efforts by
                    expanding available resources and reshaping
                    instruction, teaching, and learning environments; and
                        ``(B) when used effectively and aligned with
                    challenging State academic content and performance
                    standards, support teacher capacity to create
                    classrooms where students develop higher-order thinking
                    and information technology skills.
                ``(2) By providing students with a rapidly expanding
            educational resource base, and a unique means of developing
            content knowledge, improvements in software and other
            technology applications (such as high-quality video, voice
            recognition, modeling and simulation, and intelligent tutoring
            and virtual reality tools), have increased student
            opportunities for meaningful exploration and discovery.
                ``(3) The Federal Government--
                        ``(A) has played an integral role in expanding and
                    improving access to technology as an important tool for
                    teaching and learning; and
                        ``(B) can continue to serve as a catalyst in
                    bringing effective uses for education technology to the
                    classroom by providing support for--
                                ``(i) access to technology;
                                ``(ii) the development of educational
                            software and web-based learning resources; and
                                ``(iii) sustained and intensive, high-
                            quality professional development that is
                            aligned with challenging State academic content
                            and performance standards.
                ``(4) Professional development programs for prospective
            teachers and current teachers should be refocused to strengthen
            the ability of such teachers to integrate technology across the
            curriculum.
                ``(5) 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.
                ``(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) Poor children are less likely than their wealthier
            peers to have access to a computer at home, and to attend a
            school in which teachers use technology to develop technical
            and higher-order thinking skills.
                ``(8) Because girls of all ethnicities consistently rate
            themselves significantly lower than boys on computer ability,
    and are less likely to experiment with technology and enroll in
    advanced computer science courses, the Federal Government should
    encourage States, local educational agencies, and teachers to consider
    the needs of girls and women to obtain technical proficiency and expose
    girls and women to careers in technology, so that they can compete in
    an increasingly technological society.

    ``SEC. 3003. STATEMENT OF PURPOSE.

        ``The purpose of this title is to help all students to develop
    technical and higher-order thinking skills and to achieve to
    challenging State academic content and performance standards.
                ``(1) helping to provide all classrooms with access to
            educational technology through support for the acquisition of
            advanced multimedia computers, Internet connections, and other
            technologies;
                ``(2) helping to ensure access to, and effective use of,
            educational technology in all classrooms through the provision
            of sustained and intensive, high-quality professional
            development that improves teachers capability to integrate
            educational technology effectively into their classrooms and
            instructional practices by actively engaging students and
            teachers in the use of technology;
                ``(3) helping to improve the capability of teachers to
            design and construct new learning experiences using technology,
            and actively engage students in that design and construction;
                ``(4) supporting Federal partnerships with business and
            industry to realize more rapidly the potential of digital
            communications to expand the scope of, and opportunities for,
            learning; and
                ``(5) providing national leadership to stimulate and
            coordinate public and private efforts, at the national, State,
            and local levels, that support the development and integration
            of advanced technologies and applications to improve school
            planning and classroom instruction;

    ``SEC. 3004. DEFINITIONS.

        ``For the purposes of this title--
                ``(1) the term `adult education' has the same meaning given
            such term by section 203 of the Adult Education and Family
            Literacy 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 term `interoperable' means 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 `regional educational laboratory' means a
            regional educational laboratory supported under section 941(h)
            of the Educational Research, Development, Dissemination, and
            Improvement Act of 1994;
                ``(7) 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 title;
            and
                ``(8) the term `State library administrative agency' has
            the same meaning given to such term in section 213 of the
            Library Services and Technology Act.

    ``SEC. 3005. AUTHORIZATION OF APPROPRIATIONS.

        ``(a) Part A--Long-Range Technology Plan and National Activities.--
    There are authorized to be appropriated $450,000,000 for fiscal year
    2002, and such sums as may be necessary for each of the 4 succeeding
    fiscal years to carry out part A.
        ``(b) Part B--Technology Innovation for Learning.--There are
    authorized to be appropriated $1,042,000,000 for fiscal year 2002,
    $1,212,000,000 for fiscal year 2003, $1,382,000,000 for fiscal year
    2004, $1,552,000,000 for fiscal year 2005, and $1,722,000,000 for
    fiscal year 2006.
        ``(c) Part C--Getting Our Girls Ready for the 21st Century Act (Go-
    Girl Act).--There are authorized to be appropriated $50,000,000 for
    fiscal year 2002, and such sums as may be necessary for each of the 4
    succeeding fiscal years to carry out part C.

          ``PART A--NATIONAL LONG-RANGE TECHNOLOGY PLAN AND ACTIVITIES

    ``SEC. 3111. NATIONAL LONG-RANGE TECHNOLOGY PLAN.

        ``(a) In General.--The Secretary shall update, not later than 1
    year after the date of the enactment of the Excellence and
    Accountability in Education Act, and update subsequently when the
    Secretary determines appropriate, the national long-range plan (as such
    plan was in existence prior to the date of the enactment of the
    Excellence and Accountability in Education Act) that supports the
    overall national technology policy and carries out the purposes of this
    part. The Secretary shall disseminate such plan to State educational
    agencies, local educational agencies, the public, and other interested
    parties.
        ``(b) Plan Requirements.--The Secretary shall--
                ``(1) update 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, 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.

    ``SEC. 3112. FEDERAL LEADERSHIP.

        ``(a) Program Authorized.--The Secretary, in consultation with the
    National Science Foundation, the Department of Commerce, and other
    appropriate Federal agencies, shall carry out activities designed to
    achieve the purpose 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 or 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.
                ``(2) Other federal agencies.--For the purpose of carrying
            out coordinated or joint activities consistent with the purpose
            of this part, the Secretary may accept funds from, and transfer
            funds to, other Federal agencies.
        ``(c) Required Uses of Funds.--The Secretary shall use funds made
    available to carry out this section, through grant or contract, for the
    following activities:
                ``(1) Development or redesign of teacher preparation
            programs to enable prospective teachers to effectively use
            technology in their classrooms and integrate it throughout
            their instructional practices.
                ``(2) Creation or expansion of community technology centers
            in economically distressed urban and rural communities that
            provide disadvantaged residents with access to information
            technology and related training.
                ``(3) Development, production, and distribution of
            educational and instructional video programming by nonprofit
            entities (including a public telecommunications entity) for
            preschool and elementary school children and their parents.
                ``(4) Development, for wide-scale adoption by State
            educational agencies and local educational agencies, of models
            of innovative and effective applications of technology to
            teaching and learning that are aligned with challenging State
            academic content and student performance standards.
                ``(5) Providing school library media specialists with
            professional development and acquisition of school library
            media specialists.
        ``(d) Uses of Funds.--The Secretary may use funds made available to
    carry out this section for one or more of the following activities:
                ``(1) 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.
                ``(2) 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 title.
                ``(3) The development of a national repository of
            information on the effective uses of educational technology,
            including its use for sustained and intensive, high-quality
            professional development, and the nationwide dissemination of
            that information.
                ``(4) Research on, and the development of, applications for
            education of the most advanced and newly emerging technologies
            and such research shall be coordinated, when appropriate, with
            the Office of Educational Research and Improvement, and other
            Federal agencies.
                ``(5) 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.
                ``(6) The development, demonstration, and evaluation of
            applications of technology and innovative tools in preschool
            education, elementary and secondary education, vocational and
            professional training and lifelong learning, and professional
            development of educational personnel.
                ``(7) The development and evaluation of software and other
            products, including multimedia television programming, that
            incorporate advances in technology and State content standards
            and State student performance standards.
                ``(8) The development, demonstration, and evaluation of
            model strategies for preparing teachers and other personnel to
            use technology effectively to improve teaching and learning.
                ``(9) The development of model programs that demonstrate
            the educational effectiveness of technology in urban and rural
            areas and economically distressed communities.
                ``(10) Research on, and the evaluation of, the
            effectiveness and benefits of technology in education.
                ``(11) 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, and such assessment
            and report shall use, to the extent possible, existing
            information and resources.
                ``(12) Conferences on, and dissemination of information
            regarding, the uses of technology in education.
                ``(13) The development of model strategies to promote
            gender equity concerning access to, and the use of, technology
            in the classroom.
                ``(14) Encouraging collaboration between the Department and
            other Federal agencies in the development, implementation,
            evaluation and funding of applications of technology for
            education, as appropriate.
                ``(15) The development, demonstration, and evaluation of
            model technology programs designed to improve parental
            involvement.
                ``(16) Other activities the Secretary determines will meet
            the purpose of this title.
        ``(e) 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, and such 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.

          ``PART B--STATE AND LOCAL TECHNOLOGY INNOVATION FOR LEARNING

    ``SEC. 3201. PURPOSE.

        ``It is the purpose of this part to increase the capacity of State
    and local educational agencies to improve student achievement through
    the use and application of technology, particularly that of students in
    high-poverty, low-performing schools, and the ability of teachers to
    integrate technology across the curriculum, by supporting State and
    local efforts that--
                ``(1) make effective use of new technologies and technology
            applications, networks, and electronic learning resources;
                ``(2) utilize research-based teaching practices that are
            linked to advanced technologies;
                ``(3) promote sustained and intensive, high-quality
            professional development that enables teachers to help students
            achieve to challenging State content standards and assessments
            in core academic subjects through the integration of
            educational technology into instruction;
                ``(4) disseminate information to local educational agencies
            and schools about technology and applications, including
            software, that are aligned to challenging State content
            standards in core academic subjects; and
                ``(5) develop standards and performance indicators for
            students and teachers on the effective use and integration of
            education technology into the core academic curriculum and
            methods for measuring program outcomes against indicators.

    ``SEC. 3202. 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 part for a fiscal year in an amount which
            bears the same relationship to the amount made available under
            section 3005(b)(1) 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 (including for
            purposes of this part, the Bureau of Indian Affairs) shall be
            eligible to receive a grant under paragraph (1) in any fiscal
            year in an amount which is less than one-half of 1 percent of
            the amount made available under section 3005(b)(1) for such
            year, except that this minimum shall apply to the aggregate of
            grants received under this part by the outlying areas for a
            fiscal 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 part 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.

    ``SEC. 3203. GRANT AWARDS.

        ``(a) Grants to States.--
                ``(1) In general.--From amounts made available under
            section 3202, the Secretary, through the Office of Educational
            Technology, shall award grants to State educational agencies
            having applications approved under section 3204.
                ``(2) Use of grants.--
                        ``(A) Each State educational agency that receives a
                    grant under paragraph (1) shall use--
                                ``(i) not less than 95 percent of the grant
                            funds to award, on a competitive basis,
                            subgrants to eligible local applicants, as
                            defined in section 3207(1), for use in creating
                            learning environments designed to prepare all
                            students, including students with disabilities
                            or limited English proficiency, to achieve to
                            challenging State academic content and
                            performance standards through the use of
                            research-based teaching practices, integration
                            of technology into the curriculum and advanced
                            technologies for activities described in
                            section 3205; and
                                ``(ii) subject to subparagraph (C), the
                            remainder of the grant funds for administrative
                            costs and technical assistance, and the
                            development and updating of the State
                            technology plan.
                        ``(B) In awarding grants under subparagraph (A)(i),
                    each State educational agency shall--
                                ``(i) 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; and
                                ``(ii) shall give priority to an eligible
                            local applicant that is a partnership that
                            meets the requirements of section 3207(1)(B).
                        ``(C) From funds described in subparagraph (A)(i),
                    a State educational agency may use not more than 2
                    percent of the grant funds received by that agency
                    under this subpart to provide planning subgrants to
                    eligible local applicants in order to assist them to
                    develop strategic long-term local technology plans that
                    shall be included in the application for a subgrant
                    under section 3206.
        ``(b) Technical Assistance.--Each State educational agency
    receiving a grant under subsection (a) shall--
                ``(1) identify the local educational agencies in 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 3206; and
                ``(2) offer technical assistance to such local educational
            agencies in--
                        ``(A) developing applications under section 3206;
                        ``(B) forming partnerships among the entities
                    described in section 3206(1)(B); and
                        ``(C) meeting the standards and performance
                    indicators as described in section 3204(a)(5).

    ``SEC. 3204. STATE APPLICATION.

        ``(a) In General.--To receive funds under this part, each State
    educational agency shall submit an application to the Secretary at such
    time, in such manner, and accompanied by such information as the
    Secretary may reasonably require. As part of its application, a State
    educational agency shall submit a new or updated statewide educational
    technology plan. The plan shall demonstrate how it will be coordinated
    with and support the State plan or policies for comprehensive
    standards-based education reform, and shall describe--
                ``(1) the State educational agency's long-term strategies
            for financing educational technology in the State, including
            how the State educational agency will use other sources of
            Federal and non-Federal funds, including the E-rate, for this
            purpose;
                ``(2) the State educational agency's criteria for
            identifying local educational agencies under section 3203(b)(1)
            and how the State educational agency will report to the public
            the criteria to be used and the outcome of the competition
            under section 3204(a)(2)(A)(i);
                ``(3) the State educational agency's specific goals for
            using advanced technologies to improve student achievement to
            challenging State academic content and performance standards
            by--
                        ``(A) using web-based resources and
                    telecommunications networks to provide challenging
                    content and improve classroom instruction;
                        ``(B) using research-based teaching practices and
                    models of effective uses of advanced technology to
                    promote basic skills in core academic areas and higher-
                    order thinking skills in all students; and
                        ``(C) promoting sustained and intensive high-
                    quality professional development that increases teacher
                    capacity to enable students to learn to challenging
                    State content and performance standards and develop
                    higher-order thinking skills through the integration of
                    technology into instruction;
                ``(4) the strategy of the State educational agency for
            disseminating information, or arranging for other qualified
            entities with the appropriate experience to provide technical
            assistance, regarding software and other technology
            applications that are aligned to the content standards in core
            academic subjects of the States;
                ``(5) the State educational agency's performance indicators
            for each of the strategies and goals described in paragraphs
            (1) and (3) and included in its plan, baseline performance data
            for the indicators, a timeline for achieving the goals, and
            interim measures of success toward achieving the goals;
                ``(6) how the State educational agency will ensure that
            grants to eligible local applicants are of sufficient size,
            scope, and quality to meet the purposes of this part
            effectively;
                ``(7) how the State educational agency will provide
            technical assistance to eligible local applicants, and its
            capacity for providing such assistance;
                ``(8) how the State educational agency will ensure that
            educational technology is accessible to and usable by all
            students, including students with special needs, such as
            students who have disabilities or limited English proficiency;
                ``(9) how the State educational agency will ensure the
            ongoing integration of technology across the curriculum used by
            its local educational agencies and schools in all such schools
            in the State by September 30, 2006; and
                ``(10) how the State educational agency will evaluate its
            activities under the plan as it relates to its specific goals
            as described in paragraph (3), including its impact on student
            achievement for all students, and the ability of teachers to
            integrate technology into the core academic curriculum.
        ``(b) Approval of State Educational Agency Application.--The
    Secretary shall review the application of a State educational agency
    for assistance under this part and shall approve the application,
    unless the Secretary makes a determination in writing that such
    application does not meet the specific requirements of this part or
    does not show reasonable promise of achieving its goals.

    ``SEC. 3205. LOCAL USES OF FUNDS.

        ``Each eligible local applicant, having an approved application
    under section 3206, shall, consistent with such application, use funds
    made available under section 3203(a)(2)(A)(i) for one or more of the
    following activities:
                ``(1)(A) Adapting or expanding existing and new
            applications of technology to enable teachers to help students
            to achieve to challenging State academic content and student
            performance standards through the use of research-based
            teaching practices and advanced technologies; and
                ``(B) integrating technology across the curriculum.
                ``(2) Providing sustained and intensive, high-quality
            professional development in the integration of advanced
            technologies across the curriculum and in using those
            technologies to create enriching learning environments,
            including training in the use of technology to access data and
            resources to develop curricula and instructional materials that
            are aligned to the challenging State academic content standards
            in core academic subjects.
                ``(3) Enabling teachers to use the Internet to communicate
            with other teachers, parents, and students, and retrieve web-
            based learning resources.
                ``(4) Using technology to enable teachers and
            administrators to collect, manage, and analyze data to identify
            strengths and weaknesses in academic performance to improve
            school reform efforts.
                ``(5) Acquiring wireless telecommunications, hand-held
            devices, modeling or simulation tools, distance learning
            networks, and other advanced technologies with classroom
            applications.
                ``(6) Acquiring proven and effective technology-based
            curricular programs that will help students to achieve to
            challenging State academic content and student performance
            standards, including programs that enable family and parental
            access to advanced telecommunications, and support
            communications between families, parents and schools.
                ``(7) Acquiring proven and effective curricula that
            includes integrated technology and are designed to help
            students achieve challenging State academic content and student
            performance standards.
                ``(8) Acquiring wiring and access to advanced
            telecommunications.
                ``(9) Using web-based learning resources, including those
            that provide access to challenging courses such as Advanced
            Placement courses.
                ``(10) Assisting schools to use technology to promote
            parent and family involvement, and support communications
            between family and school.
                ``(11) Utilizing technology to develop or expand efforts to
            connect schools and teachers with parents to promote meaningful
            parental involvement and foster increased communication about
            curriculum, assignments, and assessments.
                ``(12) Providing support to help parents understand the
            technology being applied in their children's education so
            parents will be able to reinforce their children's learning.
                ``(13) Other activities which are consistent with the
            purpose of this part.

    ``SEC. 3206. LOCAL APPLICATIONS.

        ``Each eligible local applicant desiring assistance from a State
    educational agency under this part 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 (3- to 5-year) plan
            that includes--
                        ``(A) a description of how the applicant plans to
                    improve the achievement of all students by--
                                ``(i) making effective use of new
                            technologies, networks, and electronic learning
                            resources;
                                ``(ii) using research-based teaching
                            practices and models of effective uses of
                            advanced technology to promote basic skills in
                            core academic areas and higher-order thinking
                            skills;
                                ``(iii) promoting sustained and intensive,
                            high quality professional development that
                            increases teacher capacity to enable students
                            to learn to challenging State content and
                            performance standards and develop higher-order
                            thinking skills through the integration of
                            technology into instruction; and
                                ``(iv) the steps that will be taken to
                            inform parents of the use of technologies in
                            their children's education so that parents will
                            be able to reinforce at home the instruction
                            their children receive in school;
                        ``(B) an explanation of how the acquired
                    technologies will be integrated into the curriculum to
                    help the local educational agency that is the eligible
                    local applicant under section 3207(1)(A) or is a member
                    of a partnership described in section 3207(1)(B),
                    enhance teaching, training, and student achievement;
                        ``(C) a description of the applicant's goals
                    regarding the use of educational technology that are
                    consistent with the performance indicators of the State
                    described under section 3204(a)(5), as well as the
                    applicant's baseline data, timelines, benchmarks, and
                    indicators of success for meeting those goals;
                        ``(D) a description of how the applicant will
                    ensure sustained and intensive, high-quality
                    professional development for teachers, administrators,
                    and other educational personnel to further the
                    effective use of technology in the classroom and the
                    integration of technology into instructional practices;
                        ``(E) a description of the administrative and
                    technical support that the applicant will provide
                    schools;
                        ``(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;
                        ``(H) a description of the applicant's strategy for
                    financing its strategic, long-term local technology
                    plan, including the use of other Federal and non-
                    Federal funds, and how the plan will be coordinated
                    with other technology initiatives;
                        ``(I) a description of how the applicant will use
                    advanced technology to promote communication between
                    teachers for activities such as--
                                ``(i) sharing examples of student work;
                                ``(ii) developing instructional strategies
                            that promote basic skills in core academic
                            areas and higher-order thinking skills in all
                            students;
                                ``(iii) developing challenging curricula
                            aligned with State or local standards; and
                                ``(iv) using data to improve teaching and
                            learning; and
                        ``(J) a description of how the applicant will use
                    technology to improve the teaching and learning of
                    students with special needs, such as students with
                    disabilities or limited English proficiency;
                ``(2) describe how the eligible local applicant will
            involve parents, public libraries, business leaders and
            community leaders in the development of the plan described in
            paragraph (1);
                ``(3) describe how the acquired instructionally based
            technologies will help the local educational agency that is the
            eligible local applicant under section 3207(1)(A), or is a
            member of a partnership described in section 3207(1)(B) and
            meets the requirements of section 3207(1)(A)--
                        ``(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;
                ``(4) describe a process for the ongoing evaluation of how
            technologies acquired under this section--
                        ``(A) will be integrated into the school curriculum
                    and instructional practices of teachers of the school;
                    and
                        ``(B) will affect student achievement and progress
                    toward meeting any challenging State content standards
                    and State student performance standards that may be
                    developed;
                ``(5) describe how the applicant will use subgrant funds to
            benefit low-performing schools in integrating technology into
            the curriculum of such schools;
                ``(6) describe how the applicant will ensure that
            technology is accessible to, and usable by, all students,
            particularly students with disabilities or limited English
            proficiency;
                ``(7) include an assurance that, before any funds received
            under this part are used to acquire wiring or access to
            advanced telecommunications, the applicant will use all
            appropriate resources available to it through the E-Rate;
                ``(8) describe how the eligible local applicant will
            provide for an independent evaluation of the program funded
            under this part and how such evaluation will be used for
            program improvement; and
                ``(9) if the applicant is a partnership, describe the
            members of the partnership, their respective roles, and their
            respective contributions to improving the capacity of the local
            educational agency.

    ``SEC. 3207. DEFINITIONS.

        ``For the purposes of this part--
                ``(1) the term `eligible local applicant' means
                        ``(A) a local educational agency that, as
                    determined by the State educational agency--
                                ``(i) is among the local educational
                            agencies in the State with the highest numbers
                            or percentages of children from families with
                            incomes below the poverty line;
                                ``(ii) includes one or more low-performing
                            schools; and
                                ``(iii) has a substantial need for
                            assistance in acquiring and using technology;
                            or
                        ``(B) a partnership that includes at least 1 local
                    educational agency that meets the requirements of
                    subparagraph (A) and at least 1--
                                ``(i) local educational agency that can
                            demonstrate that teachers in schools served by
                            that agency are using technology effectively in
                            their classrooms;
                                ``(ii) institution of higher education in
                            full compliance with the reporting requirements
                            of section 207(f) of the Higher Education Act
                            of 1965 and that has not been identified by its
                            State as low performing under section 208 of
                            such Act;
                                ``(iii) for-profit organization that
                            develops, designs, manufactures, or produces
                            technology products or services, or has
                            substantial expertise in the application of
                            technology; or
                                ``(iv) public or private non-profit
                            organization with demonstrated experience in
                            the application of educational technology; and
                ``(2) the term `low-performing school' means a school
            identified by the local educational agency for school
            improvement under section 1116(b) of this Act.

        ``PART C--GETTING OUR GIRLS READY FOR THE 21ST CENTURY (GO GIRL)

    ``SEC. 3311. FINDINGS.

        ``Congress finds the following:
                ``(1) Women have historically been underrepresented in
            mathematics, science, technology, and engineering occupations.
                ``(2) Female students take fewer high-level mathematics and
            science courses in high school than male students.
                ``(3) Female students take far fewer advanced computer
            classes than male students take and tend to take only basic
            data entry and word processing classes.
                ``(4) Female students earn fewer baccalaureate, masters,
            and doctoral degrees in mathematics, science, technology, and
            engineering than male students.
                ``(5) Early career exploration is key to choosing a career.
                ``(6) Teachers' attitudes, methods of teaching, and
            classroom atmosphere affect female student's interest in
            nontraditional fields.
                ``(7) Stereotypes about appropriate careers for females, a
            lack of female role models, and a lack of basic career
            information significantly deters girls' interest in
            mathematics, science, technology, and engineering careers.
                ``(8) Females consistently rate themselves significantly
            lower than males in computer ability.
                ``(9) In the coming years, 65 percent of the economy will
            be based on information-technology.
                ``(10) Limited access is a hurdle faced by females seeking
            jobs in mathematics, science, technology, and engineering.
                ``(11) Common recruitment and hiring practices make
            extensive use of traditional networks that often overlook
            females.

    ``SEC. 3312. PROGRAM AUTHORITY.

        ``(a) In General.--From funds provided under section 3005(c), the
    Secretary is authorized to provide grants to and enter into contracts
    or cooperative agreements with local educational agencies on behalf of
    elementary and secondary schools to encourage the ongoing interest of
    girls in science, mathematics, engineering, and technology and to
    prepare girls to pursue undergraduate and graduate degrees and careers
    in science, mathematics, engineering, or technology.
        ``(b) Application.--
                ``(1) In general.--To be eligible to receive a grant, enter
            into a contract, or cooperative agreement under this part, a
            local educational agency shall submit an application to the
            Secretary at such time, in such form, and containing such
            information as the Secretary may reasonably require.
                ``(2) Contents.--The application referred to in paragraph
            (1) shall contain, at a minimum, the following:
                        ``(A) A specific program description, including the
                    content of the program and the research and models used
                    to design the program.
                        ``(B) A description of the collaboration between
                    elementary and secondary schools to fulfill goals of
                    the program.
                        ``(C) An explanation regarding the recruitment and
                    selection of participants.
                        ``(D) A description of the instructional and
                    motivational activities planned to be used.
                        ``(E) An evaluation plan.

    ``SEC. 3313. ELEMENTARY SCHOOL PROGRAM.

        ``(a) Selection.--Local educational agencies shall select
    elementary schools to provide services that--
                ``(1) encourage girls in grades 4 through 8 to enjoy and
            pursue studies in science, mathematics, engineering, and
            technology;
                ``(2) acquaint girls in grades 4 through 8 with careers in
            science, mathematics, engineering, and technology; and
                ``(3) educate the parents of girls in grades 4 through 8
            about the difficulties faced by girls to maintain an interest
            and desire to achieve in science, mathematics, engineering, and
            technology and enlist the help of the parents in overcoming
            these difficulties.
        ``(b) Services.--Services provided under this section shall include
    one or more of the following:
                ``(1) Tutoring in reading, science, mathematics,
            engineering, and technology.
                ``(2) Mentoring relationships, both in-person and through
            the Internet.
                ``(3) Paying the costs of female students and their
            teachers attending events and academic programs in science,
            mathematics, engineering, and technology.
                ``(4) Providing after-school activities designed to
            encourage the interest of girls in grades 4 and higher in
            science, mathematics, engineering, and technology.
                ``(5) Summer programs designed to encourage interest, and
            develop skills, in science, mathematics, engineering, and
            technology.
                ``(6) Purchasing software designed for girls, or designed
            to encourage girls' interest in science, mathematics,
            engineering, and technology.
                ``(7) Offering field trips to locations that educate and
            encourage girls' interest in science, mathematics, engineering,
            and technology.
                ``(8) Offering field trips to locations that acquaint girls
            with careers in science, mathematics, engineering, and
            technology.
                ``(9) Purchasing and disseminating information to parents
            of girls in grades 4 and higher that will help parents to
            encourage their daughters' interest in science, mathematics,
            engineering, and technology.

    ``SEC. 3314. SECONDARY SCHOOL PROGRAM.

        ``(a) Selection.--Local educational agencies shall select secondary
    schools to provide services that--
                ``(1) encourage girls in grades 9 and higher to major in
            science, mathematics, engineering, and technology of a
            institution of higher education;
                ``(2) provide academic advice and assistance in high school
            course selection;
                ``(3) encourage girls in grades 9 and higher to plan for
            careers in science, mathematics, engineering, and technology;
            and
                ``(4) educate the parents of girls in grades 9 and higher
            about the difficulties faced by girls to maintain an interest
            in and desire to, achieve in science, mathematics, engineering,
            and technology, and enlist the help of the parents in
            overcoming these difficulties.
        ``(b) Services.--Services provided under this section shall include
    one or more of the following:
                ``(1) Tutoring in science, mathematics, engineering, and
            technology.
                ``(2) Mentoring relationships, both in-person and through
            the Internet.
                ``(3) Paying the costs of female students and their
            teachers attending events and academic programs in science,
            mathematics, engineering, and technology.
                ``(4) Paying up to 50 percent of the cost of an internship
            in science, mathematics, engineering, or technology for female
            students.
                ``(5) Providing after-school activities designed to
            encourage the interest of girls in grades 9 and higher in
            science, mathematics, engineering, and technology, including
            the cost of that portion of a staff salary to supervise these
            activities.
                ``(6) Providing summer programs designed to encourage
            interest, and develop skills, in science, mathematics,
            engineering, and technology.
                ``(7) Purchasing software designed for girls, or designed
            to encourage girls' interest in science, mathematics,
            engineering, and technology.
                ``(8) Offering field trips to locations that educate and
            encourage girls' interest in science, mathematics, engineering,
            and technology.
                ``(9) Offering field trips to locations that acquaint girls
            with careers in science, mathematics, engineering, and
            technology.
                ``(10) Visits to institutions of higher education to
            acquaint girls with college-level programs in science,
            mathematics, engineering, or technology, and to meet with
            educators and female college students who will encourage them
            to pursue degrees in science, mathematics, engineering, and
            technology.

              TITLE IV--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

    SEC. 401. SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES.

        Title IV (20 U.S.C. 7101 et seq.) is amended to read as follows:

             ``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'.

    ``SEC. 4002. FINDINGS.

        ``Congress finds the following:
                ``(1) It is essential for schools to provide a drug-free,
            safe, and orderly learning environment for all students, if all
            students are to live healthy lives and achieve to high academic
            standards.
                ``(2) Student drug use, alcohol and tobacco, and school
            violence are serious educational and public health concerns.
                ``(3) Safe and Drug-Free Schools and Communities programs
            are most likely to be effective when they are based on a
            thorough assessment of objective data about the drug and
            violence problems in schools and communities, are designed to
            meet measurable goals and objectives, are based on sound
            research or evaluation findings, and are evaluated regularly
            and held accountable for results.
                ``(4) Safe and Drug-Free Schools and Communities program
            resources should be targeted at the local level to projects in
            areas that demonstrate need for the funds, have developed the
            best strategic plans for using the funds, and are committed to
            being accountable for results.
                ``(5) Alternative education, for children who have been
            suspended or expelled from school, is vital to improving the
            safety of schools and communities, and ensuring continued
            educational opportunity.

    ``SEC. 4003. PURPOSE.

        ``The purpose of this title is to support programs that prevent
    violence in and around schools and 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. AUTHORIZATION OF APPROPRIATIONS.

        ``There are authorized to be appropriated--
                ``(1) $500,000,000 for fiscal year 2002, and such sums as
            may be necessary for each of the 4 succeeding fiscal years, for
            State grants under subpart 1 of part A;
                ``(2) $200,000,000 for fiscal year 2002, and such sums as
            may be necessary for each of the 4 succeeding fiscal years, for
            national programs under subpart 2 of part A;
                ``(3) $200,000,000 for fiscal year 2002, and such sums as
            may be necessary for each of the 4 succeeding fiscal years to
            carry out part B related to alternative education;
                ``(4) $1,300,000,000 for fiscal year 2002, $1,623,000,000
            for fiscal year 2003, $2,537,000,000 for fiscal year 2004,
            $3,452,000,000 for fiscal year 2005, and $4,366,000,000 for
            fiscal year 2006 to carry out part C related to reserve staff
            for students; and
                ``(5) $100,000,000 for fiscal year 2002 and such sums as
            may be necessary for the 4 succeeding fiscal years to carry out
            part D related to Technical Assistance.

        ``PART A--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS

      ``Subpart 1--State Grants for Drug and Violence Prevention Programs

    ``SEC. 4111. RESERVATIONS AND ALLOTMENTS.

        ``(a) Reservations.--From the amount made available under section
    4004(1) 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 $2,000,000 for the national
            evaluation activities 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) \1/2\ 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) \1/2\ of such remainder according to the
                    ratio between the amount each State received under part
                    A of title I for the preceding year 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 2 years of such
            allotment. Such reallotments shall be made on the same basis as
            allotments are made under paragraph (1).
                ``(4) Definitions.--For the purposes 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 APPLICATION.

        ``(a) State Application.--In order to receive an allotment under
    section 4111(b) for any fiscal year, a State shall submit to the
    Secretary, at such time and in such manner as the Secretary may
    require, a 5-year application that--
                ``(1) is submitted jointly by the Governor and the State
            educational agency of the State;
                ``(2) contains a description of how funds under this part
            will be coordinated with other programs under this Act and with
            other Federal education and drug prevention programs;
                ``(3) contains a comprehensive plan for the use of funds by
            the State educational agency and the Governor to provide safe,
            orderly, and drug-free school environments that includes--
                        ``(A) the results of the State's needs assessment
                    for drug and violence-prevention programs, which shall
                    be based on the results of ongoing State evaluation
                    activities and include data on the prevalence of drug
                    use and violence by youth in schools and communities in
                    the State;
                        ``(B) a list of the State's results-based
                    performance measures for drug and violence prevention,
                    which shall--
                                ``(i) be focused on student behavior and
                            attitudes and derived from the needs
                            assessment;
                                ``(ii) be selected from a core set of
                            indicators that the Secretary shall develop in
                            consultation with State and local officials;
                                ``(iii) include targets and due dates for
                            the attainment of these indicators;
                                ``(iv) include a description of the
                            procedures the State will use to inform local
                            educational agencies of the State's results-
                            based performance measures for drug and
                            violence prevention for assessing and publicly
                            reporting progress toward meeting these
                            indicators, or revising them as needed;
                                ``(v) include a description of how the
                            procedures described in subparagraph (C) and
                            subparagraph (D) will support the achievement
                            of the State's results-based performance
                            measures; and
                                ``(vi) incorporate each of the principles
                            of effectiveness;
                        ``(C) a description of the procedures the Governor
                    will use to award funds to eligible applicants on a
                    competitive basis consistent with section 4115,
                    including--
                                ``(i) the criteria the Governor will use to
                            assess the relative quality of applications and
                            demonstrated need for funding of eligible
                            applicants;
                                ``(ii) the peer review process the Governor
                            will use to review applications;
                                ``(iii) how those funds will be used for
                            community resources and activities that support
                            local educational agency programs to create
                            drug-free, safe, and disciplined learning
                            environments in, and passageways to and from,
                            schools; and
                                ``(iv) how the Governor will ensure that
                            the geographic distribution of awards reflects
                            the diversity of local educational agencies in
                            the State;
                        ``(D) a description of how the State educational
                    agency and Governor will use the funds reserved under
                    sections 4113(b) and 4115(c) for coordinated capacity-
                    building and technical assistance and program
                    accountability services and activities at the State and
                    local levels, including how the State educational
                    agency and Governor will coordinate their activities
                    with law enforcement, health, mental health, and
                    education programs and officials at the State and local
                    levels;
                        ``(E) a description of how the State educational
                    agency and the Governor will monitor local programs and
                    provide corrective action if necessary; and
                        ``(F) a description of how the State educational
                    agency will ensure that local educational agencies not
                    receiving funds under this part will be provided
                    technical assistance to improve their programs;
                ``(4) contains assurances that the application was
            developed in consultation and coordination with appropriate
            State officials, including 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; and
                ``(5) contains an assurance that the State will cooperate
            with, and assist, the Secretary in conducting the national
            impact evaluation of programs required by section 4117(a).
        ``(b) Peer Review.--The Secretary shall use a peer review process
    in reviewing State applications under this section.

    ``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 85 percent of the total amount allocated to a
            State under section 4111(b) 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 had, 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 85 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 15 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 the 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 Activities.--
                ``(1) In general.--A State educational agency may 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 with a solid research base, 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
                    title;
                        ``(G) developing and implementing strategies and
                    programs to greatly reduce the incidence of sexual
                    harassment and abuse and to encourage positive and
                    respectful interactions between girls and boys; and
                        ``(H) 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 with community based organizations,
            institutions of higher education and other public and private
            non-profit entities.
        ``(c) State Administration.--A State educational agency may use not
    more than 3 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 92 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 5 such agencies, whichever is greater.
                        ``(ii) In determining which local educational
                    agencies have the greatest need for additional funds
                    under subparagraph (A)(ii), 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.
                        ``(D) Special rule, minimum grant amounts.--
                                ``(i) Except as provided in clause (ii), a
                            local educational agency shall not receive an
                            allocation under this subsection unless the
                            amount allocated to such agency under this
                            subsection is greater than $5,000. A local
                            educational agency may enter into a consortium
                            with other local educational agencies for the
                            purposes of meeting the minimum allocation
                            requirement of this clause.
                                ``(ii) Waiver.--The State educational
                            agency shall waive the requirement of clause
                            (i) in any case in which the local educational
                            agency demonstrates that it is unable to enter
                            into a consortium for the purposes of carrying
                            out activities under this part.
        ``(e) Reallocation of Funds.--If a local educational agency chooses
    not to apply to receive the amount allocated to such agency under
    subsection (d), does not meet the requirements of subsection (d)(2)(D)
    and does not form a consortium, 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)(A)(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. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.

        ``(a) Principles of Effectiveness.--Each local educational agency
    that receives a subgrant under section 4113(c) shall use those funds to
    support research-based drug- and violence-prevention services and
    activities that are consistent with the principles of effectiveness
    described in section 4119 and the purpose of this title, such as--
                ``(1) staff training and development;
                ``(2) parental involvement and training;
                ``(3) community involvement activities;
                ``(4) law enforcement and security activities that are
            related to school safety and drug use;
                ``(5) creating and maintaining safe zones of passage to and
            from school to prevent violence and drug trafficking;
                ``(6) counseling, mentoring, and referral services, and
            other student assistance programs;
                ``(7) before- and after-school programs;
                ``(8) alternative education programs for those students who
            have been expelled from their regular education programs;
                ``(9) programs to assist students to reenter the regular
            education program upon return from treatment or alternative
            education settings;
                ``(10) services and activities that reduce the need for
            suspension and expulsion in maintaining classroom order and
            school discipline;
                ``(11) services and activities to prevent and reduce
            truancy;
                ``(12) teaching students about the risks and consequences
            associated with handling firearms that enabling them to make
            safe choices and avoid injury to themselves and others;
                ``(13) 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;
                ``(14) age-appropriate, developmentally based or community-
            oriented safety programs for all students, from the preschool
            level through grade 12, that address prevention and education
            of child abuse and abduction, including--
                        ``(A) teaching students the skills to identify,
                    avoid if possible, and cope with potentially dangerous
                    or threatening situations that may include abduction,
                    abuse, or neglect; and
                        ``(B) providing guidance to students that
                    encourages students to seek advice for anxiety, threats
                    of abuse, or actual abuse and to confide in a trusted
                    adult regarding an uncomfortable or threatening
                    situation;
                ``(15) activities designed to prevent hate crimes and
            strengthen tolerance and understanding;
                ``(16) activities to greatly reduce the incidence of sexual
            harassment and abuse;
                ``(17) activities to increase the safety of children going
            to and from school, including those that improve pedestrian and
            bicyclist safety; and
                ``(18) other activities that are consistent with the
            purposes of this title.
        ``(b) Limitation.--A local educational agency may not use more that
    20 percent of its subgrant for the acquisition or use of metal
    detectors and security personnel unless it demonstrates in its
    application under section 4116 to the satisfaction of the State
    educational agency that it has a compelling need to do so.
        ``(c) School Protection.--Each local educational agency, or
    consortium of such agencies, that receives a subgrant under section
    4113(c) and has reported expulsions under part F during the past 3
    years shall develop a program with local law enforcement agencies to
    protect students and employees of public schools against gun violence
    that includes promoting the benefits of child safety locks for
    firearms.

    ``SEC. 4115. GOVERNORS PROGRAMS.

        ``(a) Use of Funds.--
                ``(1) In general.--An amount equal to 15 percent of the
            total amount allocated to a State under section 4111(b) 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 15
            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 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) for competitive
            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 to support community efforts that directly
            complement the efforts of local educational agencies to foster
            drug-free, safe, and orderly learning environments in and
            around schools. 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 that are consistent with
    the principles of effectiveness described under section 4119, 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, including pedestrian and bicycle safety education;
                ``(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 purpose 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. 4116. LOCAL APPLICATIONS.

        ``(a) Application Required.--
                ``(1) In general.--In order to be eligible to receive a
            subgrant under section 4113(d) or section 4115 for any fiscal
            year, an applicant shall submit, at such time and including
            such information as the State educational agency or Governor,
            as applicable, requires, an application to the State
            educational agency or Governor, as applicable for approval.
            Such an application shall be amended, as necessary, to reflect
            changes in the applicant's program.
                ``(2) Application process.--
                        ``(A) Applications for subgrants from entities
                    other than local educational agencies, under section
                    4115 shall be developed in consultation with the
                    schools or local educational agencies to be served and,
                    to the extent practicable, with the representatives
                    described in subparagraph (B).
                        ``(B) An application from local educational
                    agencies for subgrants shall be developed 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) Contents of Applications.--(1) An application under this
    section shall contain--
                ``(A) the results of the applicant's needs assessment
            concerning the creation and maintenance of a drug-free, safe,
            and orderly school environment and include data on the
            prevalence of drug use and violence by youth in the schools and
            communities to be served;
                ``(B) a description of how the applicant will target
            services and activities on the communities, schools, and
            students with the greatest need for assistance in creating and
            maintaining drug-free, safe, and orderly learning environments;
                ``(C) the applicant's results-based performance measures
            for creating and maintaining a drug-free, safe, and orderly
            learning environment, which shall be focused on student
            behavior and attitudes, and include annual targets for each
            performance measure;
                ``(D) a description of the procedures the applicant will
            use to assess and publicly report progress toward meeting its
            performance indicators;
                ``(E) a description of how--
                        ``(i) the applicant will use the funds to be
                    awarded and how the activities it will support with
                    those funds address the needs identified under
                    subparagraph (A) and the performance measures
                    identified under subparagraph (C); and
                        ``(ii) if the applicant is a local educational
                    agency, how those activities are consistent with the
                    Safe and Drug-Free Schools plan under paragraph (2)(D)
                    or another existing school plan related to safe,
                    disciplined, and drug-free environments;
                ``(F) a description of how the applicant will coordinate
            its activities with local, State, and Federal law enforcement,
    health, mental health, and education officials;
                ``(G) a description of the applicant's plan for evaluating
            its project; and
                ``(H) any other information the State educational agency or
            Governor, as applicable, may require to review application's,
            and award subgrants, based on the applicants need for
            assistance and the quality of the application.
        ``(2) Each applicant for a subgrant under this section shall also
    include in its application an assurance that it--
                ``(A) has a policy, consistent with State law and the Gun-
            Free Schools Act, that requires the expulsion of students who
            possess a firearm at school;
                ``(B) has, or will have, a full-or part-time program
            coordinator whose primary responsibility is planning,
            designing, implementing, and evaluating the applicant's
            programs (unless the applicant demonstrates in its application,
            to the satisfaction of the State educational agency, that such
            a program coordinator is not needed);
                ``(C) will evaluate its program every 2 years to assess its
            progress toward meeting its goals and objectives, and will use
            the results of its evaluation to improve its program and refine
            its goals and objectives, as needed; and
                ``(D) has, or the schools to be served have, a
            comprehensive Safe and Drug-Free Schools plan that includes--
                        ``(i) appropriate and effective discipline policies
                    that prohibit disorderly conduct, the possession of
                    firearms and other weapons, and the illegal use,
                    possession, distribution, and sale of tobacco, alcohol,
                    and other drugs by students, and that mandate
                    predetermined consequences, sanctions, or interventions
                    for specific offenses;
                        ``(ii) security procedures at school and while
                    students are on the way to and from school, which may
                    include the use of metal detectors and the development
                    and implementation of formal agreements with law
                    enforcement officials;
                        ``(iii) early intervention and prevention
                    activities of demonstrated effectiveness designed to
                    create and maintain safe, disciplined, and drug-free
                    environments;
                        ``(iv) school readiness and family involvement
                    activities;
                        ``(v) improvements to classroom management and
                    school environment, such as efforts to reduce class
                    size or improve classroom discipline;
                        ``(vi) procedures to identify and intervene with
                    troubled students, including establishing linkages
                    with, and referring students to, juvenile justice,
                    community mental health, and other service providers;
                        ``(vii) activities that connect students to
                    responsible adults in the community, including
                    activities such as after-school or mentoring programs;
                    and
                        ``(viii) a crisis management plan for responding to
                    violent or traumatic incidents on school grounds, which
                    provides for addressing the needs of victims, and
                    communicating with parents, the media, law enforcement
                    officials, and mental health service providers.
        ``(3) Each applicant for a subgrant under section 4115 shall also
    include in its application--
                ``(A) a description of how the services and activities to
            be supported will be coordinated with relevant programs under
            this part that are supported by State educational agencies,
            including how recipients will share resources, services, and
            data;
                ``(B) a description of how the applicant will coordinate
            its activities under this part with those implemented under the
            Drug-Free Communities Act, if any; and
                ``(C)(i) an assurance that it will evaluate its program
            every 2 years to assess its progress toward meeting its goals
            and objectives, and will use the results of its evaluation to
            improve its program and refine its goals and objectives as
            needed, if the applicant is not a local educational agency; or
                ``(ii) the assurance under paragraph (2) if the applicant
            is a local educational agency.
        ``(c) Review of Application.--
                ``(1) In general.--In reviewing local applications under
            this section--
                        ``(A) a State educational agency shall use a peer
                    review process or other methods of assuring the quality
                    of such applications; and
                        ``(B) Governors may use a peer review process or
                    other methods that ensure that applications are funded
                    and approved on the basis of need and quality.
                ``(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).
                        ``(B) A State educational agency may disapprove a
                    local educational agency's 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
                    purpose of this title, except that a local educational
                    agency shall be afforded an opportunity to appeal any
                    such disapproval.

    ``SEC. 4117. NATIONAL EVALUATIONS AND DATA COLLECTIONS.

        ``(a) National Evaluations.--
                ``(1) The Secretary shall provide for periodic national
            evaluations, at least every 2 years, of the quality and impact
            of programs under this title and other programs designed to
            prevent drugs and violence in schools and submit a report of
            the findings of such evaluations to the President and Congress.
                ``(2)(A) The National Center for Education Statistics shall
            collect data for the following purposes:
                        ``(i) To determine the frequency, seriousness, and
                    incidence of drug use by youth in schools and
                    communities in the States using, if appropriate, data
                    submitted by the States pursuant to subsection (b).
                        ``(ii) To determine the frequency, degree of harm,
                    and morbidity of violent incidents, particularly
                    firearm-related injuries and fatalities, by youth in
                    schools and communities in the States, including
                    information with respect to--
                                ``(I) the relationship between victims and
                            perpetrators;
                                ``(II) demographic characteristics of
                            victims and perpetrators; and
                                ``(III) type and characteristic of the
                            firearm used in the shooting.
                        ``(B) The Secretary shall report to Congress on the
                    data collected under this paragraph, together with such
                    recommendations as the Secretary determines
                    appropriate.
                ``(3) The Secretary shall publish annual reports on school
            safety.
        ``(b) State Reports.--
                ``(1) The Governor and State educational agency of each
            State shall annually report to the Secretary, in such form as
            the Secretary may require, on the State's progress toward
            attaining its performance indicators, required under section
            4112(a)(1)(B), for achieving drug-free, safe, and orderly
            learning environments in its schools. Annual reports shall--
                        ``(A) be based on the State's ongoing evaluation
                    activities;
                        ``(B) include data on the prevalence and incidence
                    of drug use and violence by youth in schools and
                    communities;
                        ``(C) address the implementation and outcomes of
                    State and local programs under this part, as well as
                    their effectiveness; and
                        ``(D) be made readily available to the public.
                ``(2) Each State shall report to the Secretary, in such
            form as the Secretary, in consultation with the Secretary of
            Health and Human services, may require, all school-related
            suicides and homicides within the State not later than 30 days
            after the incident.
        ``(c) Local Reports.--
                ``(1)(A) Each local educational agency that receives a
            subgrant under section 4113(d) shall report annually to the
            State educational agency and the public on--
                                ``(i) the local educational agency's
                            progress toward meeting its results-based
                            performance indicators for its program;
                                ``(ii) the results of its on-going
                            evaluation of its program; and
                                ``(iii) any problems the local educational
                            agency has encountered in implementing its
                            program that warrant the provision of technical
                            assistance by the State educational agency.
                        ``(B)(i) The State educational agency shall review
                    the annual reports described under paragraph (1) and
                    shall not provide funding for the second or third year
                    of a local educational agency's program unless it
                    determines that the local educational agency is making
                    reasonable progress toward meeting its objectives.
                        ``(ii) Before the denial of funding under clause
                    (i) a local educational agency shall be afforded an
                    opportunity to a hearing.
                ``(2)(A) Each recipient of funds under section 4115 shall
            report annually to the Governor and to the public on--
                                ``(i) its progress toward meeting its
                            results-based performance measures for its
                            program;
                                ``(ii) the results of its on-going
                            evaluation of its program; and
                                ``(iii) any problems it encountered in
                            implementing its program that warrant the
                            provision of technical assistance by the
                            Governor.
                        ``(B) The Governor shall review the annual reports
                    described under subparagraph (A), and shall not provide
                    funding for subsequent years of a multiyear program
                    unless the Governor determines that the recipient is
                    making reasonable progress toward meeting its
                    objectives.

    ``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.

    ``SEC. 4119. PRINCIPLES OF EFFECTIVENESS.

        ``The principles of effectiveness referred to under this title are
    as follows:
                ``(1) The applicant's program is based on a thorough
            assessment of objective data about the drug and violence
            problems in the schools and communities to be served.
                ``(2) The applicant has established a set of measurable
            goals and objectives aimed at ensuring that all schools served
            by the local educational agency have a drug-free, safe, and
            orderly learning environment, and has designed its programs to
            meet those goals and objectives.
                ``(3) The applicant has designed and will implement its
            programs for youth based on research or evaluation that
            provides evidence that the program to be used will prevent or
    reduce drug use, violence, delinquency, or disruptive behavior among
    youth.
                ``(4) The applicant will evaluate its program periodically
            to assess its progress toward achieving its goals and
            objectives, and will use evaluation results to refine, improve,
            and strengthen its program, and refine its goals and
            objectives, as needed.

                         ``Subpart 2--National Programs

    ``SEC. 4121. NATIONAL PROGRAMS.

        ``(a) Program Authorized.--From funds appropriated to carry out
    this part for each fiscal year under section 4004(2), the Secretary
    shall--
                ``(1) carry out programs designed to promote drug-free,
            safe, and orderly learning environments for students at all
            educational levels, from preschool through the postsecondary
            level; and
                ``(2) reserve the lesser of 5 percent or $10,000,000 to
            carry out section 4122, relating to Hate Crime prevention.
        ``(b) Drug-Free, Safe, and Orderly Learning Environments.--
                ``(1) The Secretary may carry out the programs described in
            subsection (a)(1)(A) directly, or through grants, contracts, or
            cooperative agreements with public and private agencies,
            organizations, and individuals, or through agreements with
            other Federal agencies, and shall coordinate with other Federal
            agencies, as appropriate.
                ``(2) Programs under this subsection may include, but are
            not limited to--
                        ``(A) one or more centers to provide training and
                    technical assistance for teachers, school
                    administrators and staff, and others on the
                    identification and implementation of effective
                    strategies to promote safe, orderly, and drug-free
                    learning environments;
                        ``(B) programs to train teachers in innovative
                    techniques and strategies of effective drug and
                    violence prevention;
                        ``(C) research and demonstration projects to test
                    innovative approaches to drug and violence prevention;
                        ``(D) evaluations of the effectiveness of programs
                    funded under this title, or other programs designed to
                    create safe, disciplined, and drug-free environments;
                        ``(E) direct services and technical assistance to
                    schools and school systems, including those afflicted
                    with especially severe drug and violence problems;
                        ``(F) developing and disseminating drug and
                    violence prevention materials and information in print,
                    audiovisual, or electronic format, including
                    information about effective research-based programs,
                    policies, practices, strategies, and curriculum and
                    other relevant materials to support drug and violence
                    prevention education;
                        ``(G) recruiting, hiring, and training program
                    coordinators to assist local educational agencies in
                    implementing high-quality, effective, research-based
                    drug and violence prevention programs;
                        ``(H) the development and provision of education
                    and training programs, curricula, instructional
                    materials, and professional training for preventing and
                    reducing the incidence of crimes or conflicts motivated
                    by bullying, hate, prejudice, intolerance, or sexual
                    harassment and abuse;
                        ``(I) programs for youth who are out of the
                    education mainstream, including school dropouts,
                    students who have been suspended or expelled from their
                    regular education program, and runaway or homeless
                    children and youth;
                        ``(J) programs implemented in conjunction with
                    other Federal agencies that support local educational
                    agencies and communities in developing and implementing
                    comprehensive programs that create safe, disciplined,
                    and drug-free learning environments and promote healthy
                    childhood development;
                        ``(K) services and activities that reduce the need
                    for suspension and expulsion in maintaining classroom
                    order and discipline;
                        ``(L) services and activities to prevent and reduce
                    truancy;
                        ``(M) services and activities by an organization
                    that uses an effective life management skills
                    curriculum specifically designed to target at-risk and
                    disenfranchised youth who are confronted with multiple
                    challenging problems;
                        ``(N) programs to provide counseling services to
                    troubled youth, including support for the recruitment
                    and hiring of counselors and the operation of telephone
                    help lines; and
                        ``(O) other activities that meet emerging or unmet
                    national needs consistent with the purposes of this
                    title.
        ``(c) Peer Review.--The Secretary shall use a peer review process
    in reviewing applications for funds under this section.

    ``SEC. 4122. HATE CRIME PREVENTION.

        ``(a) Grant Authorization.--From funds reserved to carry out this
    section under section 4121(a)(2) the Secretary may make grants, on a
    competitive basis, to local educational agencies or local educational
    agencies in conjunction with 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, at such time, and
            containing such information as the Secretary may reasonably
            require.
                ``(3) Requirements.--Each application under paragraph (2)
            shall include--
                        ``(A) a request for funds to be used consistent
                    with the purposes described in this section;
                        ``(B) a description of the schools and communities
                    to be served by the grants; and
                        ``(C) or assurance that Federal funds received
                    under this section shall be used to supplement, not
                    supplant, non-Federal funds.
                ``(4) Comprehensive plan.--Each application shall also
            include a comprehensive plan that contains--
                        ``(A) a description of the hate crime or conflict
                    problems within the schools or the community described
                    in paragraph (3)(B);
                        ``(B) a description of the program to be developed
                    or augmented by such Federal and non-Federal matching
                    funds (which may be provided in cash, or in-kind);
                        ``(C) an assurance that such program or activity
                    shall be administered by or under the supervision of
                    the applicant;
                        ``(D) procedures for proper and efficient
                    administration of such program; and
                        ``(E) procedures for fiscal control and fund
                    accounting 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 schools and communities described in subsection
            (b)(3)(B) 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
            make available information regarding successful research based
            hate crime prevention programs, including programs established
            or expanded with grants under this section to grantees under
            this section.
        ``(d) Reports.--The Secretary shall submit to the Committee on
    Education and the Workforce in the House of Representatives and the
    Committee on Health, Education, Labor, and Pensions in the Senate a
    report every 2 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) 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.
                ``(2) Hate crime.--The term `hate crime' means a crime as
            described in section 1(b) of the Hate Crime Statistics Act of
            1990.
                ``(3) 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.
                ``(4) School-aged population.--The term `school-aged
            population' means the population aged 5 through 17, as
            determined by the Secretary on the basis of the most recent
            satisfactory data available from the Department of Commerce.
                ``(5) 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.

                        ``PART B--ALTERNATIVE EDUCATION

    ``SEC. 4201. PURPOSE.

        ``The purpose of this part is to assist local educational agencies
    to implement, establish, develop, or improve--
                ``(1) sound and equitable policies that ensure a safe,
            orderly, and drug-free learning environment for all children,
            while reducing the need to suspend or expel students and the
            number of such suspensions and expulsions; and
                ``(2) educational supports, services, and programs, using
            trained and qualified staff, for children aged 5 through 21 who
            have been suspended or expelled so such children make
            continuing progress toward meeting the State's challenging
            academic standards.

    ``SEC. 4202. RESERVATION AND ALLOTMENTS.

        ``(a) Reservation.--From the amount made available under section
    4004(3) to carry out this part for each fiscal year, the Secretary--
                ``(1) shall reserve 0.5 percent of such amount for grants
            to Guam, American Samoa, the United States Virgin Islands, the
            Commonwealth of the Northern Mariana Islands, the Republic of
            Palau, the Marshall Islands, and the Federated States of
            Micronesia;
                ``(2) shall reserve 1 percent of such amount for the
            Secretary of the Interior to carry out programs under this part
            for Indian children; and
                ``(3) may reserve not more than the lesser of 5 percent or
            $5,000,000 for evaluation and national activities under section
            4212.
        ``(b) State Educational Agency Allotments.--
                ``(1) In general.--Except as provided in paragraph (2), and
            after making the reservations in subsection (a), the Secretary
            shall, for each fiscal year, allot among the States the
            remainder according to the ratio between the amount each State
            received under part A of title I for the preceding year and the
            sum of such amounts received by all the States for such year.
                ``(2) Minimum.--For any fiscal year, the Secretary shall
            not allot to a State an amount under this subsection that is
            less than one-quarter 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).
        ``(c) Within-State Distribution of Funds.--Each State educational
    agency having an approved application pursuant to section 4203 and
    receiving an allotment under subsection (b), shall--
                ``(1) allot not less than 95 percent of such allocation to
            local educational agencies pursuant to section 4207(a) or
            4207(b); and
                ``(2) reserve not more than 5 percent for State level
            activities and evaluation, of which not more than 40 percent
            may be used for administration.

    ``SEC. 4203. STATE EDUCATIONAL AGENCY APPLICATIONS.

        ``Each State educational agency seeking a grant under this part
    shall submit an application in such form, and containing such
    information, as the Secretary may reasonably require. At a minimum, the
    application shall include--
                ``(1) a description of the competitive process the State
            educational agency will use to award grants to local
            educational agencies if the total amount appropriated under
            this part is less than $350,000,000 in any given fiscal year;
                ``(2) a description of the performance indicators the State
            educational agency will establish, consistent with section
            4206, that will be used to evaluate local educational agency
            programs funded under this part;
                ``(3) an assurance that State educational agency programs
            funded under this part shall be based on the most effective
            research;
                ``(4) a description of the research-base of programs funded
            under this part;
                ``(5) a description of the professional development
            necessary for teachers, other educators, and pupil services
            personnel to implement alternative education supports,
            services, and programs based on the most effective research;
                ``(6) a description of how the State will ensure a
            reduction in the number of suspensions and expulsions,
            including reductions among groups of minority, low-income, and
            disabled children;
                ``(7) a description of the programs and activities the
            State will carry out under section 4205;
                ``(8) an assurance that the State educational agency will
            make awards to local educational agencies under section 4207(a)
            based on the quality of their programs and their need for
            assistance under this part;
                ``(9) a description of how the State will ensure the
            implementation of disciplinary policies that are fair and
            equitable;
                ``(10) a description of how the State will ensure that
            supports, services, and programs funded under this part will
            enable children to meet challenging State academic standards;
                ``(11) a description of how the State will ensure that
            programs funded under this part include adequate support
            services for students and their families, including counseling,
            and will coordinate with and use services available through
            juvenile justice, mental health, and social services agencies;
                ``(12) an assurance that the State and local educational
            agencies which receive funds under this part will use such
            funds to provide educational services to children who have been
            suspended or expelled from school; and
                ``(13) a description of how the State will ensure the
            programs funded under this part provide adequate support for
            students to return to a regular education setting, if
            appropriate.

    ``SEC. 4204. STATE APPLICATION APPROVAL.

        ``The Secretary shall review the application of a State educational
    agency for assistance under this part and shall approve the
    application, unless the Secretary makes a determination in writing that
    such application does not meet the specific requirements of this part
    or is of insufficient quality to meet the purposes of this part.

    ``SEC. 4205. STATE EDUCATIONAL AGENCY ACTIVITIES.

        ``(a) Required Uses of Funds.--A State educational agency shall use
    funds made available under section 4202(c)(2) for the following
    activities:
                ``(1) Identification.--Identification and dissemination of
            effective supports, services, and programs that are consistent
            with the purposes of this part, based on the most effective
            research, to local educational agencies within the State.
                ``(2) Assistance.--Technical assistance designed to improve
            the performance of supports, services, and programs funded
            under this part.
                ``(3) Evaluation.--Evaluation of programs funded under this
            part, and dissemination of the findings of the evaluations.
        ``(b) Permissive Uses of Funds.--A State educational agency may use
    funds made available under section 4202(c)(2) for the following
    activities:
                ``(1) Development.--Development of effective supports,
            services, and programs consistent with the purposes of this
            part.
                ``(2) Professional development.--Professional development
            designed to provide teachers, pupil services personnel, and
            other related instructional personnel with skills necessary to
            integrate behavior intervention techniques and methodology into
            the academic curriculum used by the State and local educational
            agencies to maintain effective discipline and an environment
            conducive to learning that reduces the need to suspend or expel
            students.
                ``(3) Other activities.--Any other activities consistent
            with the purposes of this part.

    ``SEC. 4206. STATE PERFORMANCE MEASURES.

        ``Each State educational agency shall establish performance
    indicators and acceptable goals of progress to evaluate the
    effectiveness of programs funded under this part. Such performance
    indicators shall include, at a minimum:
                ``(1) reduction in the number of incidents of disruptive
            and violent behavior;
                ``(2) reduction in the number of suspensions and
            expulsions;
                ``(3) reduction in the total amount of time students are
            out of school as a result of being suspended or expelled;
                ``(4) attainment of challenging State academic standards by
            students in programs funded under this part;
                ``(5) reduction in dropout rate; and
                ``(6) an increase in the number of students returning
            successfully to a regular education program, as appropriate.

    ``SEC. 4207. LOCAL EDUCATIONAL AGENCY DISTRIBUTION OF FUNDS.

        ``(a) Competitive Grants.--In any fiscal year in which the total
    amount provided under section 4004(3) is less than $350,000,000, a
    State educational agency shall distribute funds under section
    4202(c)(1) on a competitive basis to local educational agencies that
    have an approved application under section 4208 and can demonstrate a
    significant number of incidents of children aged 5 through 21 who have
    been suspended or expelled from public school. Such competitive grant
    process shall--
                ``(1) give priority to local educational agencies in which
            more than 30 percent of the children are from families with
            incomes below the poverty line;
                ``(2) ensure that each grant shall be of sufficient size
            and scope so as to be effective;
                ``(3) ensure, to the extent practicable, distribution of
            grants on an equitable geographic basis, including selecting
            agencies that serve urban, suburban, and rural populations; and
                ``(4) utilize a peer review process to approve
            applications.
        ``(b) Formula Grants.--
                ``(1) In general.--In any fiscal year in which the total
            amount provided under section 4004(3) equals or exceeds
            $350,000,000, the State educational agency shall distribute
            funds under section 4202(c)(1) on the following basis:
                        ``(A) 80 percent of such amount shall be allocated
                    to such local educational agencies in proportion to the
                    number of children, aged 5 through 17, who reside in
                    the school district served by the local educational
                    agency from families with incomes below the poverty
                    line applicable to a family of the size involved for
                    the most recent fiscal year for which satisfactory data
                    are available compared to the number of such
                    individuals who reside in the school districts served
                    by all the local educational agencies in the State for
                    that fiscal year.
                        ``(B) 20 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.
                ``(2) Reallocation.--If a local educational agency chooses
            not to apply to receive the amount allocated to such agency
            under paragraph (1), or if such agency's application is
            disapproved by the State educational agency pursuant to section
            4209, the State educational agency shall reallocate such amount
            to other local educational agencies on the same basis as
            allocations are made under paragraph (1).
        ``(c) Federal Share.--The Federal share of programs funded under
    this part shall be--
                ``(1) 75 percent for local educational agencies in which 30
            or more percent of the children who reside in the school
            district served by the local educational agency are from
            families with incomes below the poverty line; and
                ``(2) 35 percent for local educational agencies in which
            less than 30 percent of the children who reside in the school
            district served by the local educational agency are from
            families with incomes below the poverty line.
        ``(d) Non-Federal Share.--Local educational agencies may satisfy
    the non-Federal share funding requirements of this section with in-kind
    contributions and may use Federal funds, other than those provided
    under this part, that may be used to carry out the purposes of this
    part.

    ``SEC. 4208. LOCAL APPLICATION.

        ``In order to be eligible to receive a grant under section 4207,
    for any fiscal year, a local educational agency shall submit an
    application to the State educational agency, at such time, and
    containing such information as the State educational agency shall
    require. Such application shall, at a minimum, include--
                ``(1) an assurance that programs shall serve children aged
            5 through 21 who have been suspended or expelled from another
            public school within the local educational agency;
                ``(2) a description of how the local educational agency
            will provide, in a safe, orderly, and drug-free learning
            environment with trained and qualified staff, educational
            supports, services, and programs for students who have been
            suspended or expelled so such students are able to meet the
            State's challenging academic standards;
                ``(3) a description of the plan of the local educational
            agency for reducing the number of suspensions and expulsions
            and reducing the total amount of time students are out of a
            regular education setting as a result of being suspended or
            expelled;
                ``(4) a plan for training teachers, pupil services
            personnel, and other appropriate school staff on effective
            strategies for dealing with disruptive students;
                ``(5) a description of how the local educational agency
            will involve parents in the education of children who have been
            suspended or expelled, to the extent possible;
                ``(6) an assurance that local educational agencies will
            develop annually increasing quantifiable program performance
            goals, consistent with the State's performance indicators under
            section 4206;
                ``(7) information demonstrating how the applicant will
            continue the programs and activities developed under this part
            after completion of the grant;
                ``(8) an assurance that the program will provide sufficient
            support services for children and their families, including
            counseling, and will coordinate with and utilize services
            provided through juvenile justice, social service, and mental
            health agencies;
                ``(9) an assurance that the program will assist
            participating students in making the transition back to a
            regular education setting, as appropriate; and
                ``(10) provide an assurance that such program will place an
            emphasis on personal, academic, social, and workplace skills
            and behavior modification, as appropriate.

    ``SEC. 4209. LOCAL APPLICATION APPROVAL.

        ``The State educational agency shall review the application of a
    local educational agency for assistance under this part. For the
    purposes of grants awarded under section 4207(b), such application
    shall be deemed approved unless the State makes a determination in
    writing that such application does not meet the specific requirements
    of this part or is of insufficient quality to meet the purposes of this
    part.

    ``SEC. 4210. LOCAL EDUCATIONAL AGENCY USES OF FUNDS.

        ``Each local educational agency, with an approved application under
    section 4209, shall use funds provided under section 4207 for one or
    more of the following activities, which shall be based on the most
    effective research:
                ``(1) The development, establishment, or improvement of
            alternative schools, either established within a school or
            separate and apart from an existing school, that are designed--
                        ``(A) to reduce disruptive behavior;
                        ``(B) to reduce the need for repeat suspensions and
                    expulsions; and
                        ``(C) to enable students to meet challenging State
                    academic standards.
                ``(2) The development, establishment, or improvement of
            alternative supports, services, programs, and strategies for
            students served by programs funded under this part.
                ``(3) Professional development for teachers,
            administrators, pupil services personnel, and other school
            staff on the most effective ways of preventing students from
            disrupting class, and for dealing with those students who
            disrupt class.
                ``(4) Mentoring, tutoring, and other services for students.
                ``(5) Counseling and mental health services, such as mental
            health assessment and counseling, counseling on transitioning
            to work or other educational options, and family counseling.
                ``(6) Programs in such areas as conflict resolution, peer
            mediation, character education, social skills building,
            alcohol, drug, and violence prevention, and behavior
            interventions.
                ``(7) Programs providing sufficient support services for
            children and their families, including counseling, and
            coordination with and utilization of services provided through
            juvenile justice, social service, and mental health agencies.
                ``(8) Activities to assist students in making the
            transition back to regular school programs, as appropriate.
                ``(9) Programs to assist students to meet challenging
            academic standards.
                ``(10) Other programs and activities consistent with the
            purposes of this part.

    ``SEC. 4211. PROGRAM EVALUATION.

        ``(a) In General.--(1) Each State educational agency receiving
    funds under this part shall evaluate the effectiveness of programs and
    activities carried out under this part in reducing the need to suspend
    or expel students and in helping students who have been suspended or
    expelled to meet the State's challenging academic standards.
        ``(2) In evaluating local programs, the State educational agency
    shall, as appropriate, review performance data based on the attainment
    of the goals established by local educational agencies under section
    4208(6), disaggregated, as appropriate, on the basis of gender, race,
    ethnicity, migrant status, limited English proficiency status,
    disability, primary versus secondary education, and economic status.
        ``(b) Evaluation Results, Corrective Action, and Termination of
    Funds.--
                ``(1) Results.--Each State educational agency shall submit
            the results of its evaluation to the Secretary in an annual
            report. The Secretary shall submit a summary of the annual
            reports to both the Committee on Education and the Workforce of
            the House of Representatives and the Health, Education, Labor,
            and Pensions Committee of the Senate.
                ``(2) Distribution.--Each State educational agency shall
            distribute the results of the evaluation of individual programs
            to each evaluated program.
                ``(3) Insufficient progress.--If a State educational agency
            determines that a local educational agency's program under this
    part did not make sufficient progress toward the performance indicators
    established by the State educational agency based on the goals
    described in section 4208(6), the State educational agency shall
    provide technical assistance to such program. After two consecutive
    years of failure by a program to make sufficient progress toward the
    levels of performance established by the State educational agency, the
    State educational agency shall take such action as may be necessary,
    including the withdrawal of funds, in whole or in part, from such
    program.

    ``SEC. 4212. NATIONAL ACTIVITIES AND EVALUATION.

        ``(a) Evaluation by the Secretary.--The Secretary shall evaluate a
    representative sample of the programs funded under this part, and shall
    report the findings of the evaluation to the Committee on Education and
    the Workforce of the House of Representatives and the Committee on
    Health, Education, Labor, and Pensions of the Senate not later than 3
    years after the first grants are made under this part.
        ``(b) Research.--The Secretary shall conduct research, directly or
    through grants or contracts, to develop and identify proven alternative
    education practices. The Secretary shall disseminate such alternative
    education practices to State educational agencies and local educational
    agencies receiving funds under this Act.
        ``(c) Other National Activities.--The Secretary may directly, or
    through grants or contracts, carry out programs and activities
    consistent with the purposes of this part such as, collection of data,
    dissemination of information, and development of model programs and
    activities.

    ``SEC. 4213. SPECIAL RULES.

        ``(a) Construction.--Nothing in this part shall be construed to
    affect the requirements of the Individuals with Disabilities Education
    Act (20 U.S.C. 1400 et seq.) or the Gun-Free Schools Act (20 U.S.C.
    8921 et seq.).
        ``(b) Supplement.--Funds made available under this part shall be
    used to supplement, and shall not supplant, non-Federal funds expended
    to carry out programs and activities authorized by this part.

                     ``PART C--RESOURCE STAFF FOR STUDENTS

    ``SEC. 4311. FINDINGS.

        ``Congress finds the following:
                ``(1) Although 7,500,000 children under the age of 18
            require mental health services, fewer than 1 in 5 of these
            children receive the services.
                ``(2) Across the United States, counseling professionals
            have an extremely busy caseload and often students do not get
            the help they need. The current national average ratio of
            students to counselors in elementary and secondary schools is
            513:1.
                ``(3) Schools in the United States need more mental health
            professionals, and the funds needed to hire staff to
            specifically serve students.
                ``(4) The maximum recommended ratio of students-to-
            counselors is 250:1.
                ``(5) Existing counselors are severely taxed to perform
            duties that are largely administrative in nature, such as
            scheduling. They are burdened with many demands regarding
            placement in colleges, testing, career guidance, and the like.
                ``(6) Student populations are expected to grow
            significantly over the next few years. School-based services
            for students will be in great demand. With expected large scale
            retirements, more than 100,000 new dedicated resource staff for
            students will be needed to increase student-to-staff service
            availability.
                ``(7) The Federal support for reducing the student-to-staff
            ratio would pay for itself, through reduced violence and
            substance abuse, and through improvements in students' academic
            achievement.

    ``SEC. 4312. PURPOSE.

        ``The purpose of this part is to assist States and local
    educational agencies to recruit, train, and hire 100,000 school-based
    resource staff to specifically work with students--
                ``(1) to reduce the student-to-counseling ratios
            nationally, in grades 6-12, to an average of 1 such staff for
            every 250 students as recommended in a report by the Institute
            of Medicine of the National Academy of Sciences relating to
            schools and health, issued in 1997;
                ``(2) to help address the mental, emotional, and
            developmental needs of public school students; and
                ``(3) to support other school staff and teachers in
            reaching students early before problems arise, conducting
            behavioral interventions to improve school discipline, and
            developing the awareness and skills to identify early warning
            signs of violence and the need for mental health services.

    ``SEC. 4313. STUDENT RESOURCE STAFF PROGRAM.

        ``(a) In General.--From funds provided under section 4004(4), the
    Secretary shall award grants under this part to establish or expand the
    number of resource staff available for students' needs.
                ``(1) Distribution.--In awarding grants under this part,
            the Secretary shall allocate funds proportionately based on the
            population that is less than 18 years of age in each local
            educational agency.
                ``(2) Duration.--A grant under this section shall be
            awarded for a period not to exceed 3 years.
        ``(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 secondary public school
                    population to be targeted by the program, the
                    particular personal, social, emotional, education, 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; and
                        ``(D) document that the applicant has the personnel
                    qualified to develop, implement, and administer the
                    program.
        ``(c) Use of funds.--Funds under this section shall be used to
    initiate or expand student resource staff programs that carry out the
    purpose under section.
        ``(d) Definitions.--For the purposes of this part the term
    `resource staff' means an individual who has documented competence and
    training in mental health to be able to provide services to children
    and adolescents in a school setting and who--
                ``(1) possesses State licensure or certification in mental
            health granted by an independent professional regulatory
            authority;
                ``(2) in the absence of such State licensure or
            certification, possesses national certification in mental
            health or in a related specialty granted by an independent
            professional organization;
                ``(3) holds at least a master's degree in school counseling
            from a program accredited by the Council for Accreditation of
            Counseling and Related Educational Programs or an equivalent
            degree;
                ``(4) 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, and possesses State licensure or certification
            in school psychology in the State in which the individual
            works; or
                ``(5) holds a master's degree in social work and is
            licensed or certified by the State in which services are to be
            provided or holds a school social work specialist credential.

                         ``PART D--TECHNICAL ASSISTANCE

    ``SEC. 4411. COMPREHENSIVE PREVENTION TECHNICAL ASSISTANCE GRANTS.

        ``(a) Program Authorized.--The Secretary is authorized to provide
    grants to State educational agencies that meet the requirements of this
    part to implement prevention programs that meet a high scientific
    standard of program effectiveness.
        ``(b) Contents of State Plan.--To be eligible to receive a grant
    under this part, a State educational agency shall submit an
    application, to the Secretary at such time and including such
    information as the Secretary may reasonably require, including a State
    plan that describes--
                ``(1) the process and selection criteria by which the State
            educational agency will make competitive grants to eligible
            local educational agencies;
                ``(2) how the State educational agency will ensure that
            only high quality, well-defined, and well-documented
            comprehensive prevention programs are funded;
                ``(3) how the State educational agency will disseminate
            materials developed or collected by the Secretary about
            research-based comprehensive prevention models that are proven
            to be effective and will provide technical assistance to assist
            local educational agencies in evaluating, selecting,
            developing, and implementing comprehensive prevention programs;
                ``(4) how the State educational agency will evaluate the
            implementation of comprehensive prevention programs and measure
            the results achieved in preventing violence, criminal and
            delinquent behavior, substance abuse, and other problem
            behaviors and improving student academic performance;
                ``(5) how the State educational agency will ensure that
            local programs meet the requirements of section 4214(c); and
                ``(6) provide an assurance that funds provided under this
            part shall supplement, and not supplant, other Federal, State,
            and local funds that would otherwise be available for the
            purposes described under this part.

    ``SEC. 4412. RESERVATIONS AND ALLOCATIONS.

        ``(a) Reservations.--From the funds made available under section
    4004(5) to carry out this part for each fiscal year, the Secretary
    shall--
                ``(1) reserve funds in accordance with paragraphs (1), (2),
            and (4) of section 4111(a); and
                ``(2) except as provided in subsection (b), allocate the
            remainder of funds among the States in accordance with section
            4111(b)(1).
        ``(b) Reallocation of Funds to States.--If a State educational
    agency does not develop a plan that meets the requirements of section
    4411(b), the Secretary shall not make an allocation to the State under
    subsection (a)(2) and shall allocate such funds in accordance with
    section 4111(b)(1) to other States that have developed such plans.
    Funds allocated to a State under this subsection may be used only to
    implement programs under this subpart.

    ``SEC. 4413. DISTRIBUTION OF FUNDS.

        ``(a) Funds to Local Educational Agencies.--
                ``(1) In general.--Each State educational agency that
            receives an allocation under this part shall use such funds to
            make competitive grants to local educational agencies.
                ``(2) Awards.--In awarding competitive grants under this
            part, a State educational agency shall--
                        ``(A) give the highest priority to local
                    educational agencies with demonstrated need in
                    accordance with the criteria described in section
                    4113(d)(2)(C)(ii);
                        ``(B) make grant awards that are of sufficient size
                    and scope to support the initial startup costs for a
                    comprehensive prevention plan that meets the
                    requirements of this part; and
                        ``(C) take into account the equitable distribution
                    of awards to different geographic regions within the
                    State, including urban and rural areas, and to schools
                    serving elementary and secondary students.
        ``(b) Reservation.--A State educational agency may use not more
    than 5 percent of the funds made available to it under this section for
    administrative, evaluation, and technical assistance expenses,
    including expenses necessary to inform local educational agencies about
    research-based comprehensive prevention approaches that have proven to
    be effective.

    ``SEC. 4414. LOCAL AWARDS.

        ``(a) In General.--To be eligible to receive a subgrant under this
    subpart for any fiscal year, a local educational agency shall submit,
    at such time and including such information, as the State educational
    agency requires, an application to the State educational agency for
    approval.
        ``(b) Plan.--Each local educational agency shall submit a plan to
    the State educational agency demonstrating how it will meet the
    requirements of subsection (c).
        ``(c) Use of Funds.--A grant awarded to a local educational agency
    under this part shall be used only for the purpose of identifying and
    implementing comprehensive prevention programs that--
                ``(1) employ strategies or approaches that are based on
            reliable research and that show effectiveness in preventing
            violence, criminal and delinquent behavior, substance abuse,
            and other problem behaviors and improving student academic
            performance;
                ``(2) comprehensively address the mental, emotional,
            social, and physical health of children and adolescents;
                ``(3) employ developmentally appropriate activities and
            interventions;
                ``(4) assist children and adolescents in improving
            cognitive, affective, and behavioral skills;
                ``(5) use methods that ensure the active engagement of the
            children and adolescents who participate and that facilitate
            better communication between children and adults about problem
            situations;
                ``(6) provide for the meaningful involvement of parents,
            educators, health and mental health professionals, and the
            local community in planning and implementation;
                ``(7) provide high-quality and continuous staff
            professional development and training;
                ``(8) have measurable outcome goals and a clear evaluation
            plan, including annual reports to the State and the Secretary;
                ``(9) use high-quality external technical support and
            assistance from individuals or entities with experience and
            expertise in developing, implementing, and evaluating
            comprehensive prevention approaches; and
                ``(10) identify how other resources (Federal, State, local,
            and private) available to the State will be used to coordinate
            services to support and sustain the comprehensive prevention
            effort.

                 ``PART E--RELATED PROVISIONS; GUN-FREE SCHOOLS

    ``SEC. 4511. GUN-FREE SCHOOLS.

        ``(a) Short Title.--This part may be cited as the `Gun-Free Schools
    Act'.
        ``(b) Requirements.--
                ``(1) Each State receiving Federal funds under the
            Elementary and Secondary Education Act of 1965 shall have in
            effect a State law requiring local educational agencies to
            expel from school, for a period of not less than 1 year, a
            student who is determined to have possessed a firearm at school
            under the jurisdiction of a local educational agency in that
            State, except that such State law shall allow the chief
            administering officer of that local educational agency to
            modify the expulsion requirement for a student on a case-by-
            case basis.
                ``(2) For the purpose of this section, the term `firearm'
            has the same meaning given that term in section 921 of title
            18, United States Code (which includes bombs).
        ``(c) Special Rule.--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 under this Act shall
    provide to the State in its application--
                ``(1) an assurance that such local educational agency is in
            compliance with the State law required by subsection (b);
                ``(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 (disaggregated by gender, race, ethnicity, and
                    educational level); and
                        ``(C) the type of weapons concerned; and
                ``(3) the number of--
                        ``(A) students referred to the criminal justice or
                    juvenile justice system as required by section
                    4512(a)(1); and
                        ``(B) instances in which the chief administering
                    officer of a local educational agency modified the
                    expulsion requirement described in subsection (b)(1) on
                    a case-by-case basis.
        ``(e) Reporting.--Each State shall report the information described
    in subsection (d) to the Secretary on an annual basis.

    ``SEC. 4512. REQUIREMENTS.

        ``(a) Required Policies.--No funds shall be made available under
    this Act to any local educational agency unless that agency has a
    policy ensuring--
                ``(1) that any student who possesses a firearm at school
            served by such agency is referred to the criminal justice or
            juvenile justice system;
                ``(2) that a student described in paragraph (1) is referred
            to a mental health professional for assessment as to whether he
            or she poses an imminent threat of harm to himself, herself, or
            others and needs appropriate mental health services before
            readmission to school; and
                ``(3) that a student under paragraph (1) who has been
            determined by a mental health professional to pose an imminent
            threat of harm to himself, herself, or others receive
            appropriate mental health services before being permitted to
            return to school.
        ``(b) Special Rule.--This section shall be construed in a manner
    consistent with the Individuals with Disabilities Education Act.
        ``(c) Definitions.--For the purposes of this section, the terms
    `firearm' and `school' have the same meaning given those terms in
    section 921(a) of title 18, United States Code.

    ``SEC. 4513. POLICIES.

        ``(a) Required Policy.--Each State educational agency and local
    educational agency that receives funds under this title shall have a
    policy that prohibits cigarette vending machines, and the illegal
    possession or use of drugs and alcohol, in any form, at any time, and
    by any person, in school buildings, on school grounds, or at any
    school-sponsored event.
        ``(b) Assurance.--Each local educational agency requesting
    assistance under this title from the State educational agency shall
    include in its application an assurance that it is in compliance with
    the requirements of this section.
        ``(c) State Reporting.--Each State educational agency shall report
    to the Secretary on an annual basis if any local educational agency is
    not in compliance with the requirements of subsection (a).

    ``SEC. 4514. SUPPLANTING PROHIBITED.

        ``Funds under this title shall be used to increase the level of
    State, local, and other non-Federal funds that would, in the absence of
    funds under this title, be made available for programs and activities
    authorized under this title, and in no case to supplant such State,
    local, and other non-Federal funds.''.

    TITLE V--MAGNET SCHOOLS ASSISTANCE, PUBLIC SCHOOL CHOICE, AND NATIONAL
                                   PRIORITIES

    SEC. 501. MAGNET SCHOOLS ASSISTANCE.

        (a) Heading.--The heading for title V is amended to read as
    follows:

       ``TITLE V--INNOVATIVE PUBLIC SCHOOL CHOICE AND NATIONAL PRIORITIES

        (b) Magnet School Assistance.--Part A of title V (20 U.S.C. 7201 et
    seq.) is amended to read as follows:

                       ``PART A--MAGNET SCHOOL ASSISTANCE

    ``SEC. 5101. FINDINGS.

        ``Congress finds the following:
                ``(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 the enactment of the Magnet Schools
            Assistance program, with approximately 2,000,000 students
            nationwide now attending such schools, of which more than 65
            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 select
                    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.
                ``(5) It is in the national interest to--
                        ``(A) continue the Federal Government's support of
                    school districts implementing court-ordered
                    desegregation plans and school districts voluntarily
                    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 technologically oriented
                    society and a highly competitive economy;
                        ``(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;
                        ``(D) ensure that grant recipients provide adequate
                    data which demonstrates an ability to improve student
                    achievement; and
                        ``(E) desegregate and diversify those schools in
                    our Nation that are racially, economically,
                    linguistically, or ethnically segregated.
                ``(6) Such segregation exists between minority and
            nonminority students as well as among students of different
            minority groups.

    ``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 that promote diversity and increase
            choices in public elementary and secondary schools and
            educational programs; 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
            and technical 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 purposes 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
                    improve student academic performance for all students
                    attending the magnet schools; 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 fully qualified teachers (as defined
                    in section 1119) in the courses of instruction assisted
                    under this part;
                        ``(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.

    ``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; and
                ``(3) propose to select students to attend magnet school
            projects by methods such as lottery, rather than through
            academic examination.

    ``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 fully qualified, and instructional staff where applicable,
            who are necessary for the conduct of programs in magnet
            schools;
                ``(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; and
                ``(5) for activities, which may include professional
            development, that will build the recipient's capacity to
            operate magnet school programs once the grant period has ended.
        ``(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' academic performance based on the State's
    challenging content standards and challenging student performance
    standards or 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 and
    technical 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 3 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 1 fiscal year.
        ``(d) Timing.--To the extent practicable, the Secretary shall award
    grants for any fiscal year under this part not later than July 1 of the
    applicable fiscal year.

    ``SEC. 5111. EVALUATIONS.

        ``(a) Reservation.--The Secretary may reserve not more than 2
    percent of the funds appropriated under section 5112(a) for any fiscal
    year to carry out evaluations, technical assistance, and dissemination
    projects with respect to magnet school projects and programs 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. 5112. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

        ``(a) Authorization.--For the purpose of carrying out this part,
    there are authorized to be appropriated $150,000,000 for fiscal year
    2002 and such sums as may be necessary for each of fiscal years 2004
    through 2006.
        ``(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.

    ``SEC. 5113. 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) involve innovative strategies other than magnet
            schools, such as neighborhood or community model schools, to
            support desegregation of schools and to reduce achievement
            gaps;
                ``(2) assist in achieving systemic reforms and providing
            all students the opportunity to meet challenging State and
            local content standards and challenging State and local student
            performance standards; and
                ``(3) include innovative educational methods and practices
            that--
                        ``(A) are organized around a special emphasis,
                    theme, or concept; and
                        ``(B) involve 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 consortium 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 5112(a) for each
    fiscal year to award grants under this section.''.

    SEC. 502. WOMEN'S EDUCATIONAL EQUITY.

        Part B of title V is amended--
                (1) by redesignating sections 5201 through 5208 as sections
            5151 through 5158, respectively; and
                (2) section 5158 (as so redesignated) is amended to read as
            follows:

    ``SEC. 5158. AUTHORIZATION OF APPROPRIATIONS.

        ``For the purpose of carrying out this part, there are authorized
    to be appropriated $5,000,000 for fiscal year 2002 and such sums as may
    be necessary for each of the 4 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 5153(b)(1).''.

    SEC. 503. FUND FOR THE IMPROVEMENT OF EDUCATION.

        Part A of title X is redesignated as part C of title V and is
    amended to read as follows:

                ``PART C--FUND FOR THE IMPROVEMENT OF EDUCATION

    ``SEC. 5201. FUND FOR THE IMPROVEMENT OF EDUCATION.

        ``(a) Fund Authorized.--From funds appropriated under subsection
    (e), the Secretary is authorized to support nationally significant
    programs and projects to improve the quality of elementary and
    secondary education, assist all students to meet challenging State
    content standards and challenging State student performance standards.
    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.--Funds under this section may be used for--
                ``(1) activities that will promote systemic education
            reform at the State and local levels, such as--
                        ``(A) research and development related to
                    challenging State content and challenging State student
                    performance standards;
                        ``(B) 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;
                        ``(C) 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;
                        ``(D) developing and evaluating programs that
                    directly involve parents and family members in the
                    academic progress of their children;
                        ``(E) 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, encouraging the development of problem-
                    solving skills drawing on a vast range of disciplines,
                    and promoting the development of higher order thinking
                    by all students; and
                        ``(F) developing and evaluating strategies for
                    supporting professional development for teachers across
                    all disciplines that is consistent with the
                    requirements of title II 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;
                ``(2) 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;
                ``(3) activities to promote and evaluate counseling and
            mentoring for students, including intergenerational mentoring;
                ``(4) activities to promote and evaluate coordinated pupil
            services programs;
                ``(5) activities to promote comprehensive health education;
                ``(6) activities to promote environmental education;
                ``(7) activities to promote consumer, economic, and
            personal finance education, such as saving, investing, and
            entrepreneurial education;
                ``(8) activities to promote programs to assist students to
            demonstrate competence in foreign languages;
                ``(9) studies and evaluation of various education reform
            strategies and innovations being pursued by the Federal
            Government, States, and local educational agencies;
                ``(10) senior mentoring of at-risk children;
                ``(11) the identification and recognition of exemplary
            schools and programs, such as Blue Ribbon Schools;
                ``(12) 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;
                ``(13) 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;
                ``(14) experiential-based learning, such as service-
            learning;
                ``(15) 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;
                ``(16) activities to promote child abuse education and
            prevention programs;
                ``(17) activities to raise standards and expectations for
            academic achievement among all students, especially
            disadvantaged students traditionally underserved in schools;
                ``(18) activities to provide the academic support,
            enrichment and motivation to enable all students to reach such
            standards;
                ``(19) 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;
                ``(20) demonstration programs providing prenatal and
            counseling to pregnant students 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;
                ``(21) the development, implementation, and evaluation of
            programs that are designed to foster student community service,
            encourage responsible citizenship and improve academic
    learning, and give students the opportunity to apply what they learn in
    the classroom to meet actual community needs;
                ``(22) activities to assist all students to meet
            challenging State standards;
                ``(23) grants to establish cultural education centers;
                ``(24) grants to museums to operate Indian education
            programs in public schools;
                ``(25) programs or activities designed to improve academic
            achievement through innovative partnerships between local
            educational agencies and teachers unions;
                ``(26) programs to hire and support school nurses;
                ``(27) programs under sections 5202, 5203, and 5204; and
                ``(28) other programs and projects that meet the purposes
            of this section.
        ``(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) Goals.--An applicant for an award under this section,
            shall--
                        ``(A) establish clear goals and objectives for its
                    project under this part; and
                        ``(B) describe the activities it will carry out in
                    order to meet the goals and objectives of its project.
                ``(3) Secretarial discretion.--The Secretary may--
                        ``(A) require recipients of awards under this
                    section to provide matching funds from non-Federal
                    sources; and
                        ``(B) limit competitions to particular types of
                    entities, such as State or local educational agencies.
                ``(4) 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 (e) for
            the cost of such peer review.
        ``(d) Evaluation and Program Development.--
                ``(1) In general.--Each recipient of a grant under this
            section shall submit to the Secretary a comprehensive
            evaluation of the effects of its program assisted under this
            part, including its impact on students, teachers,
            administrators, parents and others--
                        ``(A) at the mid-point of the program; and
                        ``(B) not later than 1 year after the completion of
                    the program.
                ``(2) Effectiveness.--Evaluations under this subsection
            shall focus on the effectiveness of the program in achieving
            its goals and objectives.
        ``(e) Authorization.--For the purpose of carrying out this section,
    there are authorized to be appropriated such sums as may be necessary
    for fiscal year 2002 and each of the 4 succeeding fiscal years.

    ``SEC. 5202. STATE AND LOCAL CHARACTER EDUCATION PROGRAM.

        ``(a) Program Authorized.--
                ``(1) The Secretary may make grants to State educational
            agencies, local educational agencies, or consortia of such
            agencies for the design and implementation of character
            education programs.
                ``(2) Each grant under this section shall be awarded for a
            period not to exceed 5 years, of which the recipient shall use
            not more than 1 year for planning and program design.
        ``(b) Applications.--
                ``(1) Each applicant 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) Each application under this section shall include--
                        ``(A) a description of any partnerships and other
                    collaborative efforts between the applicant and other
                    educational agencies;
                        ``(B) a description of the programs goals and
                    objectives;
                        ``(C) a description of the activities the applicant
                    will carry out, and how these activities are designed
                    to meet the programs goals and objectives under
                    subparagraph (B), 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) the curriculum and instructional
                            practices that will be used or developed; and
                                ``(iii) the methods of teacher training and
                            parent education that will be used or
                            developed;
                        ``(D) a description of how the program will be
                    linked to other efforts to improve educational
                    outcomes, including--
                                ``(i) broader educational reforms that are
                            being instituted by the applicant or its
                            partners; and
                                ``(ii) applicable State and local standards
                            for student performance;
                                ``(E) a description of how the applicant
                            will evaluate the progress of its program in
                            meeting the goals and objectives under
                            subparagraph (B), including the performance
                            indicators that will be used to measure
                            progress; and
                        ``(F) such other information as the Secretary may
                    require.
        ``(c) Diversity of Projects.--The Secretary shall make awards under
    this section that, to the extent practicable, support programs that
    serve different geographic areas of the Nation, including urban,
    suburban, and rural areas.

    ``SEC. 5203. CHARACTER EDUCATION RESEARCH, DISSEMINATION, AND
                  EVALUATION.

        ``(a) Program Authorized.--The Secretary may make grants, or enter
    into contracts or cooperative agreements with, State educational
    agencies, local educational agencies, institutions of higher education,
    tribal organizations, and other public or private agencies or
    organizations to carry out research, development, dissemination,
    technical assistance, and evaluation activities that support or inform
    character education programs under section 5202.
        ``(b) Use of Funds.--Consistent with subsection (a), funds under
    this section may be used--
                ``(1) to conduct research and development activities that
            focus on such matters as--
                        ``(A) the effectiveness of instructional models;
                        ``(B) materials and curricula that can be used by
                    programs in character education;
                        ``(C) models of professional development in
                    character education; and
                        ``(D) the development of outcome measures for
                    character education programs;
                ``(2) to provide technical assistance to the agencies
            receiving awards under section 5202, particularly on matters of
            program evaluation;
                ``(3) to conduct a national evaluation of programs under
            section 5202; and
                ``(4) to compile and disseminate, through various
            approaches, such as a national clearinghouse--
                        ``(A) information on model character education
                    programs;
                        ``(B) character education materials and curricula;
                        ``(C) research findings in the area of character
                    education and character development; and
                        ``(D) any other information that will be useful to
                    character education program participants and other
                    educators and administrators, nationwide.
        ``(c) Authorization of Appropriations.--There are authorized to be
    appropriated, $50,000,000 for fiscal year 2002 and such sums as may be
    necessary for the 4 subsequent fiscal years to carry out sections 5202
    and 5203.

    ``SEC. 5204. 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 made available 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 design and construct improvements which improve
            the learning environment, including appropriate use of
            daylighting, advanced energy conservation technologies, and
            renewable energy;
                ``(4) 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
                ``(5) 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.
        ``(c) Secretary's Activities.--The Secretary may reserve up to 5
    percent of the funding provided under subsection (d) for evaluation,
    technical assistance, and school networking.
        ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated $200,000,000 for fiscal year 2002 and such sums as may be
    necessary for the 4 succeeding fiscal years to carry out this
    section.''.

    SEC. 504. AMENDMENT TO ESEA RELATING TO GIFTED AND TALENTED CHILDREN.

        Part B of title X is redesignated as part D of title V and is
    amended to read as follows:

                     ``PART D--GIFTED AND TALENTED CHILDREN

    ``SEC. 5251. SHORT TITLE.

        ``This part may be cited as the `Jacob K. Javits Gifted and
    Talented Students Education Act of 2001'.

    ``SEC. 5252. FINDINGS.

        ``The Congress finds the following:
                ``(1) Due to the wide dispersal of students who are gifted
            and talented and the national interest in a well-educated
            populace, the Federal Government can most effectively and
            appropriately conduct scientifically based research and
            development to provide an infrastructure and to ensure that
            there is a national capacity to educate students who are gifted
            and talented to meet the needs of the 21st century.
                ``(2) State and local educational agencies often lack the
            specialized resources and trained personnel to consistently
            plan and implement effective programs for the identification of
            gifted and talented students and for the provision of
            educational services and programs appropriate for their needs.
                ``(3) Because gifted and talented students generally are
            more advanced academically, are able to learn more quickly, and
            study in more depth and complexity than others their age, their
            educational needs require opportunities and experiences that
            are different from those generally available in regular
            education programs.
                ``(4) Typical elementary school students who are
            academically gifted and talented already have mastered 35 to 50
            percent of the school year's content in several subject areas
            before the year begins. Without an advanced and challenging
            curriculum, they often lose their motivation and develop poor
            study habits that are difficult to break.

    ``SEC. 5253. CONDITIONS ON EFFECTIVENESS OF SUBPARTS 1 AND 2.

        ``(a) Subpart 1.--Subpart 1 shall be in effect only for a fiscal
    year for which subpart 2 is not in effect.
        ``(b) Subpart 2.--
                ``(1) In general.--Subpart 2 shall be in effect only for--
                        ``(A) the first fiscal year for which the amount
                    appropriated to carry out this part equals or exceeds
                    $50,000,000; and
                        ``(B) all succeeding fiscal years.
                ``(2) Continuation of awards.--Notwithstanding any other
            provision of this part, a State receiving a grant under subpart
            2--
                        ``(A) shall give special consideration to a request
                    for the continuation of an award within the State, made
                    by any public or private agency, institution, or
                    organization that was awarded a grant or contract under
                    subpart 1 for a fiscal year for which such subpart was
                    in effect; and
                        ``(B) may use funds received under such grant for
                    the purpose of permitting the agency, institution, or
                    organization to continue to receive funds in accordance
                    with the terms of such award until the date on which
                    the award period terminates under such terms.

                    ``Subpart 1--Discretionary Grant Program

    ``SEC. 5261. PURPOSE.

        ``The purpose of this subpart is to initiate a coordinated program
    of scientifically based research, demonstration projects, innovative
    strategies, 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.

    ``SEC. 5262. GRANTS TO MEET EDUCATIONAL NEEDS OF GIFTED AND TALENTED
                  STUDENTS.

        ``(a) Establishment of Program.--
                ``(1) In general.--Subject to section 5253, from the sums
            available to carry out this subpart 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,
            other public agencies, and other private agencies and
            organizations (including Indian tribes and Indian organizations
            (as such terms are defined in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 450b))
            and Native Hawaiian organizations) to assist such agencies,
            institutions, and organizations in carrying out programs or
            projects authorized by this subpart 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 subpart 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
    subpart may include the following:
                ``(1) Carrying out--
                        ``(A) scientifically based 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 purpose of this subpart.
                ``(2) Professional development (including fellowships) for
            personnel (including leadership personnel) involved in the
            education of gifted and talented students.
                ``(3) 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, including summer programs, mentoring
            programs, service learning programs, and cooperative programs
            involving business, industry, and education.
                ``(4) Implementing innovative strategies, such as
            cooperative learning, peer tutoring and service learning.
                ``(5) Programs of technical assistance and information
            dissemination, including assistance and information with
            respect to how gifted and talented programs and methods, where
            appropriate, may be adapted for use by all students.
        ``(c) Coordination.--Scientifically based research activities
    supported under this subpart--
                ``(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 scientifically based
            research activities which are jointly funded and carried out
            with such Office.

    ``SEC. 5263. PROGRAM PRIORITIES.

        ``(a) General Priority.--In the administration of this subpart, the
    Secretary shall give highest priority to programs and projects designed
    to develop new information that--
                ``(1) improves the capability of schools to plan, conduct,
            and improve programs to identify and serve gifted and talented
            students; and
                ``(2) assists schools in the identification of, and
            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).
        ``(b) Service Priority.--In approving applications for assistance
    under section 5262(a)(2), the Secretary shall ensure that in each
    fiscal year at least one-half of the applications approved under such
    section address the priority described in subsection (a)(2).
        ``(c) Subgrants to Local Educational Agencies for Authorized
    Activities.--
                ``(1) In general.--For fiscal year 2002 and succeeding
            fiscal years, the Secretary shall ensure that a percentage of
            the excess amount described in paragraph (2) is used to
            increase (in proportion to any increases in such excess
            amounts) the number and size of the grants under this subpart
            to State educational agencies to begin implementing activities
            described in section 5272(b) through competitive subgrants to
            local educational agencies.
                ``(2) Excess amount.--For purposes of paragraph (1), the
            excess amount described in this paragraph is, for fiscal year
            2002 and succeeding fiscal years, the amount (if any) by which
            the funds appropriated to carry out this subpart for the year
            exceed such funds for fiscal year 2001.

    ``SEC. 5264. GENERAL PROVISIONS FOR SUBPART.

        ``(a) Review, Dissemination, and Evaluation.--The Secretary--
                ``(1) shall use a peer review process in reviewing
            applications under this subpart;
                ``(2) shall ensure that information on the activities and
            results of programs and projects funded under this subpart is
            disseminated to appropriate State and local educational
            agencies and other appropriate organizations, including
            nonprofit private organizations; and
                ``(3) shall evaluate the effectiveness of programs under
            this subpart in accordance with section 11501, 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 the Congress not later than 2
            years after the date of the enactment of the Excellence and
            Accountability in Education Act.
        ``(b) Program Operations.--The Secretary shall ensure that the
    programs under this subpart 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--
        ``(1) shall administer and coordinate the programs authorized under
    this subpart;
                ``(2) shall 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
                ``(3) shall 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.

                       ``Subpart 2--Formula Grant Program

    ``SEC. 5271. PURPOSE.

        ``The purpose of this subpart is to provide grants to States to
    support programs, teacher preparation, and other services designed to
    meet the needs of the Nation's gifted and talented students in
    elementary and secondary schools.

    ``SEC. 5272. ESTABLISHMENT OF PROGRAM; USE OF FUNDS.

        ``(a) In General.--In the case of each State that in accordance
    with section 5274 submits to the Secretary an application for a fiscal
    year, subject to section 5253, the Secretary shall make a grant for the
    year to the State for the uses specified in subsection (b). The grant
    shall consist of the allotment determined for the State under section
    5273.
        ``(b) Authorized Activities.--Each State receiving a grant under
    this subpart shall use the funds provided under the grant to assist
    local educational agencies to develop or expand gifted and talented
    education programs through one or more of the following activities:
                ``(1) Development and implementation of programs to address
            State and local needs for in-service training programs for
            general educators, specialists in gifted and talented
            education, administrators, or other personnel at the elementary
            and secondary levels.
                ``(2) Making materials and services available through State
            regional educational service centers, institutions of higher
            education, or other entities.
                ``(3) Supporting innovative approaches and curricula used
            by local educational agencies (or consortia of such agencies)
            or schools or (consortia of schools).
                ``(4) Providing funds for challenging, high-level course
            work, disseminated through new and emerging technologies
            (including distance learning), for individual students or
            groups of students in schools and local educational agencies
            that do not have the resources otherwise to provide such course
            work.
        ``(c) Competitive Process.--A State receiving a grant under this
    subpart shall distribute at least 95 percent of the amount of the grant
    to local educational agencies through a competitive process that
    results in an equitable distribution by geographic area within the
    State.
        ``(d) Limitations on Use of Funds.--
                ``(1) Course work provided through emerging technologies.--
            Activities under subsection (b)(4) may include development of
            curriculum packages, compensation of distance-learning
            educators, or other relevant activities, but funds provided
            under this subpart may not be used for the purchase or
            upgrading of technological hardware.
                ``(2) Administrative costs.--A State receiving a grant
            under this subpart may use not more than 5 percent of the
            amount of the grant for State administrative costs.

    ``SEC. 5273. ALLOTMENTS TO STATES.

        ``(a) Reservation of Funds.--From the amount made available to
    carry out this subpart for any fiscal year, the Secretary shall reserve
    one-half of 1 percent for the Secretary of the Interior for programs
    under this subpart for teachers, other staff, and administrators in
    schools operated or funded by the Bureau of Indian Affairs.
        ``(b) State Allotments.--
                ``(1) In general.--Except as provided in paragraph (2), the
            Secretary shall allot the total amount made available to carry
            out this subpart for any fiscal year and not reserved under
            subsection (a) to the 50 States, the District of Columbia, and
            the Commonwealth of Puerto Rico on the basis of their relative
            populations of individuals aged 5 through 17, as determined by
            the Secretary on the basis of the most recent satisfactory
            data.
                ``(2) Minimum grant amount.--No State receiving an
            allotment under paragraph (1) may receive less than \1/4\ of 1
            percent of the total amount allotted under such paragraph.
        ``(c) Reallotment.--If any State does not apply for an allotment
    under this section for any fiscal year, the Secretary shall reallot
    such amount to the remaining States in accordance with this section.

    ``SEC. 5274. APPLICATION.

        ``(a) In General.--To be eligible to receive a grant under this
    subpart, a State shall submit an application to the Secretary at such
    time, in such manner, and containing such information as the Secretary
    may reasonably require.
        ``(b) Contents.--Each application under this section shall include
    assurances that--
                ``(1) funds received under this subpart will be used to
            support gifted and talented students in public schools and
            public charter schools, including students from all economic,
            ethnic, and racial backgrounds, students of limited English
            proficiency, students with disabilities, and highly gifted
            students;
                ``(2) not less than 95 percent of the amount of the funds
            provided under the grant shall be used for the purpose of
            making, in accordance with this subpart and on a competitive
            basis, subgrants to local educational agencies;
                ``(3) funds received under this subpart shall be used only
            to supplement, but not supplant, the amount of State and local
            funds expended for specialized education and related services
            provided for the education of gifted and talented students; and
                ``(4) the State shall develop procedures to evaluate
            program effectiveness.
        ``(c) Approval.--To the extent funds are made available for this
    subpart, the Secretary shall approve an application of a State if such
    application meets the requirements of this section.

    ``SEC. 5275. ANNUAL REPORTING.

        ``Beginning 1 year after the date of the enactment of the
    Excellence and Accountability in Education Act, a State receiving a
    grant under this subpart shall submit an annual report to the Secretary
    that describes the number of students served and the activities
    supported with funds provided under this subpart. The report shall
    include a description of the measures taken to comply with paragraphs
    (1) and (4) of section 5274(b). To the extent practicable and otherwise
    authorized by law, this report shall be submitted as part of any
    consolidated State performance report for State formula grant programs
    under this Act.

       ``Subpart 3--National Center for Research and Development in the
              Education of Gifted and Talented Children and Youth

    ``SEC. 5281. CENTER FOR RESEARCH AND DEVELOPMENT.

        ``(a) 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 agencies, or a combination or consortium of such
    institutions and agencies and other public or private agencies and
    organizations, for the purpose of carrying out activities described in
    section 5273(b)(1).
        ``(b) 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
    institutions of higher education, State or local educational agencies,
    or other public or private agencies and organizations.
        ``(c) Coordination.--Scientifically based research activities
    supported under this subpart--
                ``(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 scientifically based
            research activities which are jointly funded and carried out
            with such Office.

                        ``Subpart 4--General Provisions

    ``SEC. 5291. 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. 5292. 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.

    ``SEC. 5293. AUTHORIZATION OF APPROPRIATIONS.

        ``(a) Subpart 1 or 2.--Subject to section 5253, there are
    authorized to be appropriated $20,000,000 to carry out subpart 1 or 2
    for fiscal year 2002 and such sums as may be necessary for each of
    fiscal years 2003 through 2006.
        ``(b) Subpart 3.--There are authorized to be appropriated to carry
    out subpart 3 for fiscal year 2002 $1,950,000 and such sums as may be
    necessary for each of fiscal years 2002 through 2006.''.

    SEC. 505. CHARTER SCHOOLS.

        (a) Redesignations.--Part F of title X is redesignated as part E of
    title V and sections 10301 through 10311 are redesignated as sections
    5301 through 5311, respectively.
        (b) Authorization of Appropriations.--Section 5311 (as so
    redesignated) to read as follows:

    ``SEC. 5311. AUTHORIZATION OF APPROPRIATIONS.

        ``For the purpose of carrying out this part, there are authorized
    to be appropriated $250,000,000 for fiscal year 2002 and such sums as
    may be necessary for each of the 4 succeeding fiscal years.''.

    SEC. 506. ARTS IN EDUCATION.

        (a) Redesignations.--Part D of title X is repealed, except for
    subpart 1. Subpart 1 of part D of title X is redesignated as part F of
    title V and section 10401 is redesignated as section 5351.
        (b) Authorization of Appropriations.--Subsection (f) of section
    5351 (as so redesignated) is amended to read as follows:
        ``(f) Authorization of Appropriations.--For the purpose of carrying
    out this part, there are authorized to be appropriated $35,000,000 for
    fiscal year 2002 and such sums as may be necessary for each of the 4
    succeeding fiscal years.
        (c) Subpart References.--Section 5351 (as so redesignated) is
    amended by striking ``this subpart'' each place it appears and
    inserting ``this part''.

    SEC. 507. INEXPENSIVE BOOK DISTRIBUTION PROGRAM.

        (a) Redesignation.--Part E of title X is redesignated as part G of
    title V and section 10501 is redesignated as section 5401.
        (b) Authorization of Appropriations.--Subsection (e) of section
    5401 (as so redesignated) is amended to read as follows:
        ``(e) Authorization of Appropriations.--For the purpose of carrying
    out this part, there are authorized to be appropriated $28,000,000 for
    fiscal year 2002 and such sums as may be necessary for each of the 4
    succeeding fiscal years.''.

    SEC. 508. CIVIC EDUCATION.

        Part F of title X is redesignated as part H of title V and is
    amended to read as follows:

                           ``PART H--CIVIC EDUCATION

    ``SEC. 5451. SHORT TITLE.

        ``This part may be cited as the `Education for Democracy Act'.

    ``SEC. 5452. FINDINGS.

        ``The Congress finds that--
                ``(1) college freshmen surveyed in 1999 by the Higher
            Education Research Institute at the University of California at
            Los Angeles demonstrated higher levels of disengagement, both
            academically and politically, than any previous entering class
            of students;
                ``(2) college freshmen in 1999 demonstrated the lowest
            levels of political interest in the 20-year history of surveys
            conducted by the Higher Education Research Institute at the
            University of California at Los Angeles;
                ``(3) United States secondary school students expressed
            relatively low levels of interest in politics and economics in
            a 1999 Harris survey;
                ``(4) the 32d Annual Phi Delta Kappa/Gallup Poll of 2000
            indicated that preparing students to become responsible
            citizens was the most important purpose of public schools;
                ``(5) Americans surveyed by the Organization of Economic
            Cooperation and Development indicated that only 59 percent had
            confidence that schools have a major effect on the development
            of good citizenship;
                ``(6) teachers too often do not have sufficient expertise
            in the subjects that they teach, and half of all secondary
    school history students in America are being taught by teachers with
    neither a major nor a minor in history;
                ``(7) secondary school students correctly answered less
            than half of the questions on a national test of economic
            knowledge in a 1999 Harris survey;
                ``(8) the 1998 National Assessment of Educational Progress
            indicated that students have only superficial knowledge of, and
            lacked a depth of understanding regarding, civics;
                ``(9) civic and economic education are important not only
            to developing citizenship competencies in the United States but
            also are critical to supporting political stability and
            economic health in other democracies, particularly emerging
            democratic market economies;
                ``(10) more than three quarters of Americans surveyed by
            the National Constitution Center in 1997 admitted that they
            knew only some or very little about the Constitution of the
            United States; and
                ``(11) the Constitution of the United States is too often
            viewed within the context of history and not as a living
            document that shapes current events.

    ``SEC. 5453. PURPOSE.

        ``It is the purpose of this part--
                ``(1) to improve the quality of civics and government
            education by educating students about the history and
            principles of the Constitution of the United States, including
            the Bill of Rights;
                ``(2) to foster civic competence and responsibility; and
                ``(3) to improve the quality of civic education and
            economic education through cooperative civic education and
            economic education exchange programs with emerging democracies.

    ``SEC. 5454. GENERAL AUTHORITY.

        ``(a) Grants and Contracts.--
                ``(1) In general.--The Secretary is authorized to award
            grants to or enter into contracts with--
                        ``(A) the Center for Civic Education to carry out
                    civic education activities under sections 5455 and
                    5456; and
                        ``(B) the National Council on Economic Education to
                    carry out economic education activities under section
                    5456.
                ``(2) Consultation.--The Secretary shall award the grants
            and contracts under section 5456 in consultation with the
            Secretary of State.
        ``(b) Distribution.--The Secretary shall use not more than 50
    percent of the amount appropriated under section 5457(b) for each
    fiscal year to carry out economic education activities under section
    5456.

    ``SEC. 5455. WE THE PEOPLE PROGRAM.

        ``(a) The Citizen and the Constitution.--
                ``(1) In general.--The Center for Civic Education shall use
            funds awarded under section 5454(a)(1)(A) to carry out The
            Citizen and the Constitution program in accordance with this
            subsection.
                ``(2) Educational activities.--The Citizen and the
            Constitution program--
                        ``(A) shall continue and expand the educational
                    activities of the `We the People . . . The Citizen and
                    the Constitution' program administered by the Center
                    for Civic Education;
                        ``(B) shall enhance student attainment of
                    challenging content standards in civics and government;
                    and
                        ``(C) may provide--
                                ``(i) a course of instruction on the basic
                            principles of our Nation's constitutional
                            democracy and the history of the Constitution
                            of the United States and the Bill of Rights;
                                ``(ii) at the request of a participating
                            school, school and community simulated
                            congressional hearings following the course of
                            study;
                                ``(iii) an annual national competition of
                            simulated congressional hearings for secondary
                            school students who wish to participate in such
                            a program;
                                ``(iv) advanced training of teachers about
                            the Constitution of the United States and the
                            political system the United States created;
                                ``(v) materials and methods of instruction,
                            including teacher training, that utilize the
                            latest advancements in educational technology;
                            and
                                ``(vi) civic education materials and
                            services to address specific problems such as
                            the prevention of school violence and the abuse
                            of drugs and alcohol.
                ``(3) Availability of program.--The education program
            authorized under this subsection shall be made available to
            public and private elementary schools and secondary schools,
            including Bureau funded schools, in the 435 congressional
            districts, and in the District of Columbia, the Commonwealth of
            Puerto Rico, the United States Virgin Islands, Guam, American
            Samoa, and the Commonwealth of the Northern Mariana Islands.
        ``(b) Project Citizen.--
                ``(1) In general.--The Center for Civic Education shall use
            funds awarded under section 5454(a)(1)(A) to carry out The
            Project Citizen program in accordance with this subsection.
                ``(2) Educational activities.--The Project Citizen
            program--
                        ``(A) shall continue and expand the educational
                    activities of the `We the People . . . Project Citizen'
                    program administered by the Center for Civic Education;
                        ``(B) shall enhance student attainment of
                    challenging content standards in civics and government;
                    and
                        ``(C) may provide--
                                ``(i) 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 of the United States;
                                ``(ii) optional school and community
                            simulated State legislative hearings;
                                ``(iii) an annual national showcase or
                            competition;
                                ``(iv) advanced training of teachers on the
                            roles of State and local governments in the
                            Federal system established by the Constitution
                            of the United States;
                                ``(v) materials and methods of instruction,
                            including teacher training, that utilize the
                            latest advancements in educational technology;
                            and
                                ``(vi) civic education materials and
                            services to address specific problems such as
                            the prevention of school violence and the abuse
                            of drugs and alcohol.
                ``(3) Availability of program.--The education program
            authorized under this subsection shall be made available to
            public and private middle schools, including Bureau funded
            schools, in the 50 States of the United States, the District of
            Columbia, the Commonwealth of Puerto Rico, the United States
            Virgin Islands, Guam, American Samoa, and the Commonwealth of
            the Northern Mariana Islands.
        ``(c) Definition of Bureau Funded School.--In this section the term
    `Bureau funded school' has the meaning given the term in section 1146
    of the Education Amendments of 1978.

    ``SEC. 5456. COOPERATIVE CIVIC EDUCATION AND ECONOMIC EDUCATION
                  EXCHANGE PROGRAMS.

        ``(a) Cooperative Education Exchange Programs.--The Center for
    Civic Education and the National Council on Economic Education shall
    use funds awarded under section 5454(a)(1) to carry out Cooperative
    Education Exchange programs in accordance with this section.
        ``(b) Purpose.--The purpose of the Cooperative Education Exchange
    programs provided under this section shall be to--
                ``(1) make available to educators from eligible countries
            exemplary curriculum and teacher training programs in civics
            and government education, and economics education, developed in
            the United States;
                ``(2) assist eligible countries in the adaptation,
            implementation, and institutionalization of such programs;
                ``(3) create and implement civics and government education,
            and economic education, programs for students that draw upon
            the experiences of the participating eligible countries;
                ``(4) provide a means for the exchange of ideas and
            experiences in civics and government education, and economic
            education, among political, educational, governmental, and
            private sector leaders of participating eligible countries; and
                ``(5) provide support for--
                        ``(A) research and evaluation to determine the
                    effects of educational programs on students'
                    development of the knowledge, skills, and traits of
    character essential for the preservation and improvement of
    constitutional democracy; and
                        ``(B) effective participation in and the
                    preservation and improvement of an efficient market
                    economy.
        ``(c) Avoidance of Duplication.--The Secretary shall consult with
    the Secretary of State to ensure that--
                ``(1) activities under this section are not duplicative of
            other efforts in the eligible countries; and
                ``(2) partner institutions in the eligible countries are
            creditable.
        ``(d) Activities.--The Cooperative Education Exchange programs
    shall--
                ``(1) provide eligible countries with--
                        ``(A) seminars on the basic principles of United
                    States constitutional democracy and economics,
                    including seminars on the major governmental and
                    economic institutions and systems in the United States,
                    and visits to such institutions;
                        ``(B) visits to school systems, institutions of
                    higher education, and nonprofit organizations
                    conducting exemplary programs in civics and government
                    education, and economic education, in the United
                    States;
                        ``(C) translations and adaptations regarding United
                    States civic and government education, and economic
                    education, curricular programs for students and
                    teachers, and in the case of training programs for
                    teachers translations and adaptations into forms useful
                    in schools in eligible countries, and joint research
                    projects in such areas;
                        ``(D) research and evaluation assistance to
                    determine--
                                ``(i) the effects of the Cooperative
                            Education Exchange programs on students'
                            development of the knowledge, skills, and
                            traits of character essential for the
                            preservation and improvement of constitutional
                            democracy; and
                                ``(ii) effective participation in and the
                            preservation and improvement of an efficient
                            market economy;
                ``(2) provide United States participants with--
                        ``(A) seminars on the histories, economies, and
                    systems of government of eligible countries;
                        ``(B) visits to school systems, institutions of
                    higher education, and organizations conducting
                    exemplary programs in civics and government education,
                    and economic education, located in eligible countries;
                        ``(C) assistance from educators and scholars in
                    eligible countries in the development of curricular
                    materials on the history, government, and economy of
                    such countries that are useful in United States
                    classrooms;
                        ``(D) opportunities to provide onsite
                    demonstrations of United States curricula and pedagogy
                    for educational leaders in eligible countries; and
                        ``(E) research and evaluation assistance to
                    determine--
                                ``(i) the effects of the Cooperative
                            Education Exchange programs on students'
                            development of the knowledge, skills, and
                            traits of character essential for the
                            preservation and improvement of constitutional
                            democracy; and
                                ``(ii) effective participation in and
                            improvement of an efficient market economy; and
                ``(3) assist participants from eligible countries and the
            United States to participate conferences on civics and
            government education, and economic education, for educational
            leaders, teacher trainers, scholars in related disciplines, and
            educational policymakers.
        ``(e) Participants.--The primary participants in the Cooperative
    Education Exchange programs assisted under this section shall be
    educational leaders in the areas of civics and government education,
    and economic education, including teachers, curriculum and teacher
    training specialists, scholars in relevant disciplines, and educational
    policymakers, and government and private sector leaders from the United
    States and eligible countries.
        ``(f) Definition.--For the purpose of this section, the term
    `eligible country' means a Central European country, an Eastern
    European country, Lithuania, Latvia, Estonia, the independent states of
    the former Soviet Union as defined in section 3 of the FREEDOM Support
    Act (22 U.S.C. 5801), and may include the Republic of Ireland, the
    province of Northern Ireland in the United Kingdom, and any developing
    country, as defined in section 209(d) of the Education for the Deaf
    Act, that has a democratic form of government as determined by the
    Secretary in consultation with the Secretary of State.

    ``SEC. 5457. AUTHORIZATION OF APPROPRIATIONS.

        ``(a) Section 5455.--There are authorized to be appropriated to
    carry out section 5455, $15,000,000 for fiscal year 2002 and such sums
    as may be necessary for each of the fiscal years 2003 through 2006.
        ``(b) Section 5456.--There are authorized to be appropriated to
    carry out section 5456, $12,000,000 for fiscal year 2002 and such sums
    as may be necessary for each of the fiscal years 2003 through 2006.''.

    SEC. 509. ALLEN J. ELLENDER FELLOWSHIP PROGRAM.

        (a) Redesignations.--Part G of title X is redesignated as part I of
    title V. Section 10701 is redesignated as section 5501. Sections 10711
    and 10712 are redesignated as section 5511 and 5512, respectively.
    Sections 10721 and 10722 are redesignated as sections 5521 and 5522,
    respectively. Sections 10731 and 10732 are redesignated as section 5531
    and 5532, respectively. Sections 10741 and 10742 are redesignated as
    sections 5541 and 5542, respectively.
        (b) Authorization of Appropriations.--Section 5542 (as so
    redesignated) is amended to read as follows:

    ``SEC. 5542. 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 2002 and such sums as may be necessary of each of the 4
    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 5511(a).''.

    SEC. 510. 21ST CENTURY COMMUNITY LEARNING CENTERS.

        Part I of title X is redesignated as part J of title V and amended
    to read as follows:

               ``PART J--21ST CENTURY COMMUNITY LEARNING CENTERS

    ``SEC. 5551. SHORT TITLE.

        ``This part may be cited as the `21st Century Community Learning
    Centers Act'.

    ``SEC. 5552. 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) evaluations show that collaboration between public
            schools (particularly in inner and small cities and rural and
            disadvantaged suburban communities) and other public and
            nonprofit agencies and organizations, local businesses,
            educational entities, recreational, cultural, and other
            community and human service entities helps to meet the needs
            of, and expands the opportunities available to, all residents
            of the communities served by such schools;
                ``(3) participation in high-quality programs can result in
            better grades and conduct in school, and is particularly
            beneficial for children living in high-risk environments. In
            particular, children who participate in high-quality after
            school program spend more time in academic and enrichment
            activities; watch less television; have significantly lower
            incidences of drug use and unwanted teenage pregnancies; and
            communicate better with adults and their peers.
                ``(4) 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;
                ``(5) 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
                ``(6) 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. 5553. PROGRAM AUTHORIZATION.

        ``(a) Program Authority.--The Secretary is authorized, in
    accordance with the provisions of this part, to award grants to State
    educational agencies to enable its schools or a consortia of its
    schools to plan, implement, or to expand projects that benefit the
    educational, health, social service, cultural, and recreational needs
    of inner and small cities and rural and disadvantaged suburban
    communities with a substantial need for expanded learning opportunities
    because--
                ``(1) they lack resources to establish or expand after-
            school centers that benefit the educational, health, social
            service, cultural, and recreational needs of the community; or
                ``(2) they have other needs consistent with the purposes of
            this part.
        ``(b) Reservation.--From the funds appropriated under section 5663
    to carry out this part for each fiscal year, the Secretary--
                ``(1) shall reserve an amount necessary to make
            continuation grants to existing grantees under part I of title
            X, as it existed on the day before the date of the enactment of
            the Excellence and Accountability in Education Act.
                ``(2) shall reserve the lesser of 0.5 percent or $3,000,000
            of such amount for grants under this part to Guam, American
            Samoa, the Virgin Islands, the Commonwealth of the Northern
            Mariana Islands, the Republic of Palau, the Marshall Islands,
            and the Federated States of Micronesia;
                ``(3) shall reserve 0.5 percent of such amount for the
            Bureau of Indian Affairs of the Department of Interior to carry
            out programs under this part for Indian children; and
                ``(4) shall reserve the lesser of 2.5 percent or
            $20,000,000 for evaluation and national activities under
            section 5660.
        ``(c) State Educational Agency Allotments.--
                ``(1) In general.--Except as provided in paragraph (2), and
            after making the reservations in subsection (b), the Secretary
            shall, for each fiscal year, allocate among the States the
            remainder according to the ratio between the amount each State
            received under part A of title I for the preceding year and the
            sum of such amounts received by all the States.
                ``(2) Minimum.--For any fiscal year, no State (including
            for the purposes of this part, the Bureau of Indian Affairs)
            shall be allotted under this subsection an amount that is less
            than 0.5 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 2 years of such
            allotment. Such reallotments shall be made on the same basis as
            allotments are made under paragraph (1).
        ``(d) Within State Distribution of Funds.--Each State educational
    agency having an approved application pursuant to section 5554 and
    receiving an allocation under subsection (c), shall--
                ``(1) use not less than 95 percent of the funds made
            available to it under subsection (c) to award grants, on a
            competitive basis, to local educational agencies, or consortia
            of local educational agencies, acting on behalf of public
            elementary or secondary schools; and
                ``(2) use up to 5 percent for State level activities and
            evaluation, of which 40 percent may be used for administration.

    ``SEC. 5554. STATE EDUCATIONAL AGENCY APPLICATIONS.

        ``(a) In General.--Each State educational agency seeking a grant
    under this subpart shall submit an application in such form, and
    containing such information, as the Secretary may reasonably require.
    At a minimum, the application shall--
                ``(1) designate the State educational agency as the agency
            responsible for the administration and supervision of programs
            assisted under this part;
                ``(2) describe the competitive procedures and criteria the
            State will use to ensure that grants under this part will
            support high-quality programs in communities with a substantial
            need for expanding learning opportunities, with a priority for
            those that--
                        ``(A) have a high proportion of high-poverty
                    students; and
                        ``(B) lack resources to establish or expand after-
                    school centers that benefit the educational health,
                    social service, cultural, and recreational needs of the
                    community.
                ``(3) describe the steps the State will take to ensure that
            programs implement effective strategies, including providing
            ongoing technical assistance and training, evaluation,
            dissemination of promising practices, and monitoring;
                ``(4) contain an assurance that the State educational
            agency shall provide for the annual submission of data
            regarding the uses of funds under this part, including the
            activities provided and populations served under this part, and
            such other information as the Secretary may require;
                ``(5) contain an assurance that the State educational
            agency shall comply with the requirements of this part;
                ``(6) contain a description of how the State will
            coordinate Federal, State, and local programs in order to use
            most effectively the resources available to support the
            project;
                ``(7) provide 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 all State educational agency fiscal audit and
            program evaluation responsibilities required under this Act);
                ``(8) describe how the State will evaluate the
            effectiveness of programs and activities carried out with funds
            under this part; and
                ``(9) provide for timely public notice and public
            dissemination of the data submitted under this part.
        ``(b) Approval.--The Secretary shall approve a State application
    under this section if the Secretary determines that it satisfies the
    requirements, and holds reasonable promise for accomplishing the
    purposes of this part.

    ``SEC. 5555. STATE EDUCATIONAL AGENCY ACTIVITIES.

        ``Each State, having an approved application under section 5554 may
    use funds allocated under section 5553(d)(2) for one or more of the
    following activities:
                ``(1) establishment and implementation of a peer review
            process for grant applications;
                ``(2) supervision of the awarding of funds to local
            educational agencies on behalf of public elementary schools,
            secondary schools or consortia thereof;
                ``(3) planning, supervision, and processing of funds made
            available under this section;
                ``(4) monitoring and evaluation of programs and activities
            assisted under this part; and
                ``(5) providing technical assistance under this part.

    ``SEC. 5556. STATE PERFORMANCE INDICATORS.

        Each State educational agency shall establish performance
    indicators and acceptable goals of progress to evaluate the
    effectiveness of programs funded under this part.

    ``SEC. 5557. LOCAL COMPETITIVE GRANTS

        ``(a) Competitive Grants.--The State educational agency shall
    distribute funds provided under section 5553(d)(1) on a competitive
    basis to local educational agencies, consortia of local educational
    agencies, acting on behalf of a public elementary or secondary schools
    to enable such schools to plan, implement, or expand community learning
    centers that address the educational, health, social service, cultural,
    and recreational needs of the local community.
        ``(b) Extended Learning Time.--In order to receive a grant under
    this part, a local educational agency shall provide significant
    expanded learning opportunities, such as before and after school, for
    children and youth in the community that:
                ``(1) are designed to help students in the school and
            community achieve to challenging state content and performance
            standards;
                ``(2) provide academic instruction by trained and qualified
            teachers;
                ``(3) utilize research-based practices, to the extent
            available and feasible, that show success in raising student
            achievement and increasing literacy skills;
                ``(4) include a parent and family involvement component;
                ``(5) include professional development that is aligned to
            the extended learning curriculum;
                ``(6) indicate how the school will provide a continuity of
            extended learning curriculum over multiple years; and
                ``(7) include ongoing evaluation to assess the
            effectiveness of the program.
        ``(c) Equitable Distribution.--In awarding grants under this part,
    the State educational agency shall ensure that both urban and rural
    areas of the State are served.
        ``(d) Grant Period.--A State educational agency shall award grants
    under this part for a period not to exceed 5 years.
        ``(e) Amount.--A State educational agency shall not award a grant
    under this part in any fiscal year in an amount less than $75,000.

    ``SEC. 5558. LOCAL APPLICATION.

        ``(a) Application.--To be eligible to receive a grant under this
    part, a local educational agency, or a consortia of local educational
    agencies, on behalf of public elementary or secondary schools, shall
    submit an application to the State educational agency at such time, in
    such manner, and accompanied by such information as the State
    educational agency may reasonably require.
        ``(b) Contents.--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;
                ``(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) a description of how the applicant will
                    coordinate Federal, State, and local programs in order
                    to use most effectively the resources available to
                    support the project;
                        ``(C) a description of the collaborative efforts to
                    be undertaken with community-based organizations,
                    related public agencies, businesses, or other
                    appropriate organizations in order to promote community
                    involvement in the planning and implementation of
                    services provided under this part;
                        ``(D) a description of how the community learning
                    center 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;
                ``(4) information demonstrating that the school or
            consortium will provide at least 50 percent of the cost of the
            project from other sources, which may include other Federal
            funds and may be provided in cash or in-kind, fairly evaluate;
                ``(5) an assurance that the school or consortium will, each
            year of the project, expend, from non-Federal sources, at least
            as much for the services under this part as it expended for the
            preceding year; and
                ``(6) information demonstrating how the school or
            consortium will continue the project after completion of the
            grant.

    ``SEC. 5559. USE OF FUNDS.

        Grants awarded under section 5557, either directly or through
    contracts with community-based organizations with demonstrated ability
    to provide high-quality programming, shall be used to establish or
    expand community learning centers that provide activities that offer
    significant expanded learning opportunities, such as before and after
    school, for children and youth in the community. A grantee shall use at
    least a portion of its grant under section 5557 to implement or expand
    after school learning opportunities, and shall use the remainder of its
    grant to carry out not less than 3 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.
                ``(14) Mentoring of at-risk children, including mentoring
            by senior citizens.

    ``SEC. 5560. NATIONAL ACTIVITIES.

        ``The Secretary shall use funds reserved under section 5553(b)(4)
    for technical assistance, evaluation, dissemination of information,
    activities to encourage the spread and adoption of successful extended
    learning opportunities programs, and other national activities that
    support programs under this part.

    ``SEC. 5561. COMMUNITY LEARNING CENTER DEFINED.

        ``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 expanded learning opportunities, and
            educational, recreational, health, and social service programs
            for residents of all ages within a local community in a safe
            and drug-free environment;
                ``(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; and
                ``(3) includes expanded learning opportunities such as
            before- and after-school.

    ``SEC. 5562. SUPPLEMENT.

        ``Funds made available under this part shall be used to supplement
    and not supplant other Federal, State, and local funds expended to
    carry out activities relating to expanded learning opportunities.

    ``SEC. 5563. AUTHORIZATION OF APPROPRIATIONS.

        ``There are authorized to be appropriated $964,000,000 for fiscal
    year 2002, $1,100,000,000 for fiscal year 2003, $1,253,000,000 for
    fiscal year 2004, $1,416,000,000 for fiscal year 2005, and
    $1,615,000,000 for fiscal year 2006, to carry out this part.''.

    SEC. 511. RURAL EDUCATION ACHIEVEMENT PROGRAM.

        (a) Redesignations.--Part J of title X is repealed, except for
    subpart 2. Subpart 2 of part J is redesignated as part K of title V.
    Sections 10971 through 10978 are redesignated as sections 5601 through
    5608, respectively.
        (b) Subpart References.--Part K of title V (as so redesignated) is
    amended by striking ``this subpart'' each place it appears and
    inserting ``this part''.
        (c) Authorization of Appropriations.--Section 5603 (as so
    redesignated) is amended by striking ``2001.'' and inserting ``2002 and
    such sums as may be necessary for the 4 succeeding fiscal years.''.

    SEC. 512. PHYSICAL EDUCATION FOR PROGRESS.

        (a) Redesignations.--Part L of title X is redesignated as part L of
    title V. Sections 10999A through 10999L are redesignated as sections
    5651 through 5662, respectively.
        (b) Authorization of Appropriations.--Section 5662 (as so
    redesignated) is amended by striking ``2005'' and inserting ``2006''.

    SEC. 513. COORDINATED SERVICES.

        Title XI is redesignated as part M of title V and amended to read
    as follows:

                         ``PART M--COORDINATED SERVICES

    ``SEC. 5701. FINDINGS AND PURPOSE.

        ``(a) Findings.--The Congress finds the following:
                ``(1) Access to health and social service programs in a
            school-based or school-linked community service center may make
            it easier for families to address the basic physical and
            emotional needs of children and parents.
                ``(2) Parents, school personnel, and service providers
            should have access to services and activities to improve the
            education, health, mental health, safety and economic well-
            being of children and their families.
                ``(3) School personnel, health care providers, mental
            health care providers, child care providers, juvenile justice
            workers and other family service providers could be of greater
            assistance to children and their families if they had access to
            a single school-based or school-linked community service
            center.
                ``(4) Coordinating health and social services with
            education will help ensure that children come to school ready
            to learn.
        ``(b) Purpose.--The purpose of this part is to encourage eligible
    partnerships to establish or expand child opportunity zone family
    centers in or near public elementary and secondary schools in order to
    provide students and their families better access to coordinated
    services which improve their education, health, mental health, safety,
    and economic well-being.

               ``Subpart 1--Local Educational Agency Reservation

    ``SEC. 5711. COORDINATED SERVICES.

        ``(a) Program Authorized.--Notwithstanding any other provision of
    this Act, a local educational agency, school, or consortium of schools
    may use not more than 5 percent of the funds received under this Act
    for the development, or the implementation or expansion, of a
    coordinated service project under this section.
        ``(b) Application.--Each local educational agency desiring to use
    funds described in subsection (a) to carry out 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.
        ``(c) Uses of Funds.--Funds described in subsection (a) may be used
    to plan, implement, or expand activities which include--
                ``(1) hiring a services coordinator;
                ``(2) making minor renovations to existing buildings;
                ``(3) purchasing basic operating equipment;
                ``(4) improving communications and information-sharing
            among entities participating in the coordinated services
            project; or
                ``(5) providing training to teachers and appropriate
            personnel concerning such teacher's and personnel's role in a
            coordinated services project.

                  ``Subpart 2--Local Educational Agency Grants

    ``SEC. 5721. GRANTS AUTHORIZED.

        ``(a) In General.--The Secretary may award, on a competitive basis,
    grants to eligible partnerships to pay for the Federal share of the
    cost of establishing and expanding child opportunity zone family
    centers.
        ``(b) Duration.--The Secretary shall award grants under this
    section for periods of 5 years.

    ``SEC. 5722. REQUIRED ACTIVITIES.

        ``Each eligible partnership receiving a grant under this subpart
    shall use the grant funds--
                ``(1) in accordance with the needs assessment described in
            section 5723(b)(1), to provide or link children and their
            families with information, support, activities, or services in
            core areas consisting of--
                        ``(A) education, such as child care and education
                    programs for children below the age of compulsory
                    school attendance, before- and after-school care, and
                    school age enrichment and education support programs;
                        ``(B) health, such as primary care (including
                    prenatal care, well child care, and mental health
                    care), preventative health and safety programs,
                    outreach and referral, screening and health promotion,
                    and enrollment in health insurance programs; and
                        ``(C) family support, such as adult education and
                    literacy programs, welfare-to-work-programs, job
                    training, parenting skills programs, assistance that
                    supports healthy child development, and access to basic
                    needs, including food and housing;
                ``(2) to provide intensive, high-quality, research-based
            instructional programs that--
                        ``(A) provide violence prevention education for
                    families and developmentally appropriate instructional
                    services to children (including children below the age
                    of compulsory school attendance), such as education and
                    services on nonviolent conflict resolution, pro social
                    skills and behaviors, and other skills necessary for
                    effectively relating to others without violence; and
                        ``(B) provide effective strategies for nurturing
                    and supporting the emotional, social, and cognitive
                    growth of children; and
                ``(3) to provide training, information, and support to
            families to enable the families to participate effectively in
            their children's education, and to help their children meet
            challenging standards, including assisting families to--
                        ``(A) understand the accountability systems,
                    including content standards, performance standards, and
                    local assessments, in place for the State involved, the
                    participating local educational agency, and the
                    participating elementary school or secondary school;
                        ``(B) understand their children's educational
                    needs, their children's educational performance in
                    comparison to State and local standards, and the steps
                    the school is taking to address the children's needs
                    and to help the children meet the standards; and
                        ``(C) communicate effectively with personnel
                    responsible for providing educational services to the
                    families' children, and to participate in the
                    development, amendment, review, and implementation of
                    school-parent compacts, parent involvement policies,
                    and school plans.

    ``SEC. 5723. APPLICATIONS.

        ``(a) In General.--Each eligible partnership desiring 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
    require.
        ``(b) Contents.--Each application submitted pursuant to subsection
    (a) shall--
                ``(1) include a needs assessment, including a description
            of how the partnership will ensure that the activities to be
            assisted under this part will be tailored to meet the specific
            needs of the children and families to be served;
                ``(2) describe arrangements that have been formalized
            between the participating elementary school or secondary
            school, and other partnership members;
                ``(3) describe how the partnership will effectively
            coordinate and utilize Federal, State, and local educational
            agency sources of funding, including funding provided under
            part J of title V and under the Safe Schools/Healthy Students
            Initiative (jointly funded by the Departments of Education,
            Justice, and Health and Human Services), that provide
            assistance to families and their children in the areas of job
            training, housing, justice, health, mental health, child care,
            and social and human services;
                ``(4) describe the partnership's plan to--
                        ``(A) develop and carry out the activities assisted
                    under this subpart with extensive participation of
                    parents, administrators, teachers, pupil services
                    personnel, social and human service agencies, and
                    community organizations and leaders; and
                        ``(B) connect and integrate the activities assisted
                    under this subpart with the education reform efforts of
                    the participating elementary school or secondary
                    school, and the participating local educational agency;
                ``(5) describe the partnership's strategy for providing
            information and assistance in a language and form that families
            can understand, including how the partnership will ensure that
    families of students with limited English proficiency, or families of
    students with disabilities, are effectively involved, informed, and
    assisted;
                ``(6) describe how the partnership will collect and analyze
            data, and will utilize specific performance measures and
            indicators to--
                        ``(A) determine the impact of activities assisted
                    under this subpart as described in section 5726(a); and
                        ``(B) improve the activities assisted under this
                    subpart; and
                ``(7) describe how the partnership will protect the privacy
            of families and their children participating in the activities
            assisted under this subpart.

    ``SEC. 5724. FEDERAL SHARE.

        ``The Federal share of the cost of establishing and expanding child
    opportunity zone family centers--
                ``(1) for the first year for which an eligible partnership
            receives assistance under this subpart shall not exceed 90
            percent;
                ``(2) for the second such year, shall not exceed 80
            percent;
                ``(3) for the third such year, shall not exceed 70 percent;
                ``(4) for the fourth such year, shall not exceed 60
            percent; and
                ``(5) for the fifth such year, shall not exceed 50 percent.

    ``SEC. 5725. CONTINUATION OF FUNDING.

        ``Each eligible partnership that receives a grant under this
    subpart shall, after the third year for which the partnership receives
    funds through the grant, be eligible to continue to receive the funds
    if the Secretary determines that the partnership has made significant
    progress in meeting the performance measures used for the partnership's
    local evaluation under section 5726(a)(4).

    ``SEC. 5726. EVALUATIONS AND REPORTS.

        ``(a) Local Evaluations.--Each partnership receiving funds under
    this subpart shall conduct annual evaluations and submit to the
    Secretary reports containing the results of the evaluations. The
    reports shall include--
                ``(1) information on the partnership's activities that are
            assisted under this subpart;
                ``(2) information on the number of families and children
            served by the partnership's activities that are assisted under
            this subpart;
                ``(3) information on the partnership's effectiveness in
            reaching and meeting the needs of families and children served
            under this subpart, including underserved families, families of
            students with limited English proficiency, and families of
            students with disabilities; and
                ``(4) the results of a partnership's performance assessment
            of the partnership, including performance measures
            demonstrating--
                        ``(A) improvements in student achievement, school
                    readiness, family participation in schools, and access
                    to health care, mental health care, child care, and
                    family support services, resulting from activities
                    assisted under this subpart; and
                        ``(B) reductions in violence-related problems and
                    risk taking behavior among youth, and reductions in
                    truancy, suspension, and dropout rates, resulting from
                    activities assisted under this subpart.
        ``(b) National Evaluations.--
                ``(1) In general.--The Secretary shall reserve not more
            than 3 percent of the amount appropriated under this subpart to
            carry out a national evaluation of the activities assisted
            under this part. Such evaluation shall be completed not later
            than 3 years after the date of the enactment of the Excellence
            and Accountability in Education Act, and every year thereafter.
                ``(2) Scope of evaluation.--In conducting the national
            evaluation, the Secretary shall evaluate the effectiveness and
            impact of the activities, and identify model activities,
            assisted under this subpart.
                ``(3) Annual reports.--The Secretary shall submit an annual
            report to Congress, regarding each national evaluation
            conducted under paragraph (1), that contains the information
            described in the national evaluation.
        ``(c) Model Activities.--The Secretary shall broadly disseminate
    information on model activities developed under this part.

    ``SEC. 5727. DEFINITIONS.

        ``For the purposes of this subpart--
                ``(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) Child opportunity zone family center.--The term
            `child opportunity zone family center' means a school-based or
            school-linked community service center that provides and links
            children and their families with comprehensive information,
            support, services, and activities to improve the education,
            health, mental health, safety, and economic well-being of the
            children and their families.
                ``(3) Eligible partnership.--The term `eligible
            partnership' means a partnership--
                        ``(A) that contains--
                                ``(i) at least 1 elementary school or
                            secondary school that--
                                        ``(I) receives assistance under
                                    title I and for which a measure of
                                    poverty determination is made under
                                    section 1113(a)(5) with respect to a
                                    minimum of 40 percent of the children
                                    in the school; and
                                        ``(II) demonstrates parent
                                    involvement and parent support for the
                                    partnership's activities;
                                ``(ii) a local educational agency;
                                ``(iii) a public agency, other than a local
                            educational agency, including a local or State
    department of health and social services; and
                                ``(iv) a nonprofit community-based
                            organization, including a community mental
                            health services organization or a family health
                            center that provides mental health services;
                            and
                        ``(B) that may contain--
                                ``(i) an institution of higher education;
                            and
                                ``(ii) other public or private nonprofit
                            entities.

    ``SEC. 5728. AUTHORIZATION OF APPROPRIATIONS.

        ``There are authorized to be appropriated to carry out this subpart
    $50,000,000 for fiscal year 2002, and such sums as may be necessary for
    each of the fiscal years 2003 through 2006.

    SEC. 514. DROPOUT PREVENTION.

        Title V is amended by adding at the end the following:

            ``PART N--ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS

                   ``Subpart 1--Coordinated National Strategy

    ``SEC. 5751. NATIONAL ACTIVITIES.

        ``(a) National Priority.--It shall be a national priority, for the
    5-year period beginning on the date of the enactment of the Excellence
    and Accountability in Education Act, to lower the school dropout rate,
    and increase school completion, for middle school and secondary school
    students in accordance with Federal law. As part of this priority, all
    Federal agencies that carry out activities that serve students at risk
    of dropping out of school or that are intended to help address the
    school dropout problem shall make school dropout prevention a top
    priority in the agencies' funding priorities during the 5-year period.
        ``(b) Enhanced Data Collection.--The Secretary shall collect
    systematic data on the participation of different racial and ethnic
    groups (including migrant and limited English proficient students) in
    all Federal programs.

    ``SEC. 5752. NATIONAL SCHOOL DROPOUT PREVENTION STRATEGY.

        ``(a) Plan.--The Director shall develop, implement, and monitor an
    interagency plan (in this section referred to as the `plan') to assess
    the coordination, use of resources, and availability of funding under
    Federal law that can be used to address school dropout prevention, or
    middle school or secondary school reentry. The plan shall be completed
    and transmitted to the Secretary and Congress not later than 180 days
    after the first Director is appointed.
        ``(b) Coordination.--The plan shall address inter- and intra-agency
    program coordination issues at the Federal level with respect to school
    dropout prevention and middle school and secondary school reentry,
    assess the targeting of existing Federal services to students who are
    most at risk of dropping out of school, and the cost-effectiveness of
    various programs and approaches used to address school dropout
    prevention.
        ``(c) Available Resources.--The plan shall also describe the ways
    in which State and local agencies can implement effective school
    dropout prevention programs using funds from a variety of Federal
    programs, including the programs under title I.
        ``(d) Scope.--The plan will address all Federal programs with
    school dropout prevention or school reentry elements or objectives,
    programs under title I, part B of title IV of the Job Training
    Partnership Act, subtitle C of title I of the Workforce Investment Act
    of 1998, and other programs.

    ``SEC. 5753. NATIONAL CLEARINGHOUSE.

        ``Not later than 6 months after the date of the enactment of the
    Excellence and Accountability in Education Act, the Director shall
    establish a national clearinghouse on effective school dropout
    prevention, intervention and reentry programs. The clearinghouse shall
    be established through a competitive grant or contract awarded to an
    organization with a demonstrated capacity to provide technical
    assistance and disseminate information in the area of school dropout
    prevention, intervention, and reentry programs. The clearinghouse
    shall--
                ``(1) collect and disseminate to educators, parents, and
            policymakers information on research, effective programs, best
            practices, and available Federal resources with respect to
            school dropout prevention, intervention, and reentry programs,
            including dissemination by an electronically accessible
            database, a worldwide Web site, and a national journal; and
                ``(2) provide technical assistance regarding securing
            resources with respect to, and designing and implementing,
            effective and comprehensive school dropout prevention,
            intervention, and reentry programs.

    ``SEC. 5754. NATIONAL RECOGNITION PROGRAM.

        ``(a) In General.--The Director shall carry out a national
    recognition program that recognizes schools that have made
    extraordinary progress in lowering school dropout rates under which a
    public middle school or secondary school from each State will be
    recognized. The Director shall use uniform national guidelines that are
    developed by the Director for the recognition program and shall
    recognize schools from nominations submitted by State educational
    agencies.
        ``(b) Eligible Schools.--The Director may recognize any public
    middle school or secondary school (including a charter school) that has
    implemented comprehensive reforms regarding the lowering of school
    dropout rates for all students at that school.
        ``(c) Support.--The Director may make monetary awards to schools
    recognized under this section, in amounts determined by the Director.
    Amounts received under this section shall be used for dissemination
    activities within the school district or nationally.

           ``Subpart 2--National School Dropout Prevention Initiative

    ``SEC. 5761. FINDINGS.

        ``The Congress finds that, in order to lower dropout rates and
    raise academic achievement levels, improved and redesigned schools
    must--
                ``(1) challenge all children to attain their highest
            academic potential; and
                ``(2) ensure that all students have substantial and ongoing
            opportunities to--
                        ``(A) achieve high levels of academic and technical
                    skills;
                        ``(B) prepare for college and careers;
                        ``(C) learn by doing;
                        ``(D) work with teachers in small schools within
                    schools;
                        ``(E) receive ongoing support from adult mentors;
                        ``(F) access a wide variety of information about
                    careers and postsecondary education and training;
                        ``(G) use technology to enhance and motivate
                    learning; and
                        ``(H) benefit from strong links among middle
                    schools, secondary schools, and postsecondary
                    institutions.

    ``SEC. 5762. PROGRAM AUTHORIZED.

        ``(a) Allotments to States.--
                ``(1) In general.--From the sum made available under
            section 5772(b) for a fiscal year the Secretary shall make an
            allotment to each State in an amount that bears the same
            relation to the sum as the amount the State received under
            title I for the preceding fiscal year bears to the amount
            received by all States under such title for the preceding
            fiscal year.
                ``(2) Definition of state.--In this subpart, the term
            `State' means each of the several States of the United States,
            the District of Columbia, the Commonwealth of Puerto Rico, the
            United States Virgin Islands, Guam, American Samoa, the
            Commonwealth of the Northern Mariana Islands, the Republic of
            the Marshall Islands, the Federated States of Micronesia, and
            the Republic of Palau.
        ``(b) Grants.--From amounts made available to a State under
    subsection (a), the State educational agency may award grants to public
    middle schools or secondary schools, that have school dropout rates
    which are in the highest \1/3\ of all school dropout rates in the
    State, to enable the schools to pay only the startup and implementation
    costs of effective, sustainable, coordinated, and whole school dropout
    prevention programs that involve activities such as--
                ``(1) professional development;
                ``(2) obtaining curricular materials;
                ``(3) release time for professional staff;
                ``(4) planning and research;
                ``(5) remedial education;
                ``(6) reduction in pupil-to-teacher ratios;
                ``(7) efforts to meet State student achievement standards;
            and
                ``(8) counseling for at-risk students.
        ``(c) Intent of Congress.--It is the intent of Congress that the
    activities started or implemented under subsection (a) shall be
    continued with funding provided under part A of title I.
        ``(d) Amount.--
                ``(1) In general.--Subject to subsection (d) and except as
            provided in paragraph (2), a grant under this subpart shall be
            awarded--
                        ``(A) in the first year that a school receives a
                    grant payment under this subpart, in an amount that is
                    not less than $50,000 and not more than $100,000, based
                    on factors such as--
                                ``(i) school size;
                                ``(ii) costs of the model being
                            implemented; and
                                ``(iii) local cost factors such as poverty
                            rates;
                        ``(B) in the second such year, in an amount that is
                    not less than 75 percent of the amount the school
                    received under this subpart in the first such year;
                        ``(C) in the third year, in an amount that is not
                    less than 50 percent of the amount the school received
                    under this subpart in the first such year; and
                        ``(D) in each succeeding year in an amount that is
                    not less than 30 percent of the amount the school
                    received under this subpart in the first such year.
                ``(2) Increases.--The Director shall increase the amount
            awarded to a school under this subpart by 10 percent if the
            school creates smaller learning communities within the school
            and the creation is certified by the State educational agency.
        ``(e) Duration.--A grant under this subpart shall be awarded for a
    period of 3 years, and may be continued for a period of 2 additional
    years if the State educational agency determines, based on the annual
    reports described in section 5768(a), that significant progress has
    been made in lowering the school dropout rate for students
    participating in the program assisted under this subpart compared to
    students at similar schools who are not participating in the program.

    ``SEC. 5763. STRATEGIES AND ALLOWABLE MODELS.

        ``(a) Strategies.--Each school receiving a grant under this subpart
    shall implement research-based, sustainable, and widely replicated,
    strategies for school dropout prevention and reentry that address the
    needs of an entire school population rather than a subset of students.
    The strategies may include--
                ``(1) specific strategies for targeted purposes; and
                ``(2) approaches such as breaking larger schools down into
            smaller learning communities and other comprehensive reform
            approaches, creating alternative school programs, developing
            clear linkages to career skills and employment, and addressing
            specific gatekeeper hurdles that often limit student retention
            and academic success.
        ``(b) Allowable Models.--The Director shall annually establish and
    publish in the Federal Register the principles, criteria, models, and
    other parameters regarding the types of effective, proven program
    models that are allowed to be used under this subpart, based on
    existing research.
        ``(c) Capacity Building.--
                ``(1) In general.--The Director, through a contract with a
            non-Federal entity, shall conduct a capacity building and
            design initiative in order to increase the types of proven
            strategies for dropout prevention on a schoolwide level.
                ``(2) Number and duration.--
                        ``(A) Number.--The Director shall award not more
                    than 5 contracts under this subsection.
                        ``(B) Duration.--The Director shall award a
                    contract under this section for a period of not more
                    than 5 years.
        ``(d) Support for Existing Reform Networks.--
                ``(1) In general.--The Director shall provide appropriate
            support to eligible entities to enable the eligible entities to
            provide training, materials, development, and staff assistance
            to schools assisted under this subpart.
                ``(2) Definition of eligible entity.--The term `eligible
            entity' means an entity that, prior to the date of the
            enactment of the Excellence and Accountability in Education
            Act--
                        ``(A) provided training, technical assistance, and
                    materials to 100 or more elementary schools or
                    secondary schools; and
                        ``(B) developed and published a specific
                    educational program or design for use by the schools.

    ``SEC. 5764. SELECTION OF SCHOOLS.

        ``(a) School Application.--
                ``(1) In general.--Each school desiring a grant under this
            subpart shall submit an application to the State educational
            agency at such time, in such manner, and accompanied by such
            information as the State educational agency may require.
                ``(2) Contents.--Each application submitted under paragraph
            (1) shall--
                        ``(A) contain a certification from the local
                    educational agency serving the school that--
                                ``(i) the school has the highest number or
                            rates of school dropouts in the age group
                            served by the local educational agency;
                                ``(ii) the local educational agency is
                            committed to providing ongoing operational
                            support, for the school's comprehensive reform
                            plan to address the problem of school dropouts,
                            for a period of 5 years; and
                                ``(iii) the local educational agency will
                            support the plan, including--
                                        ``(I) release time for teacher
                                    training;
                                        ``(II) efforts to coordinate
                                    activities for feeder schools; and
                                        ``(III) encouraging other schools
                                    served by the local educational agency
                                    to participate in the plan;
                        ``(B) demonstrate that the faculty and
                    administration of the school have agreed to apply for
                    assistance under this subpart, and provide evidence of
                    the school's willingness and ability to use the funds
                    under this subpart, including providing an assurance of
                    the support of 80 percent or more of the professional
                    staff at the school;
                        ``(C) describe the instructional strategies to be
                    implemented, how the strategies will serve all
                    students, and the effectiveness of the strategies;
                        ``(D) describe a budget and timeline for
                    implementing the strategies;
                        ``(E) contain evidence of interaction with an
                    eligible entity described in section 5763(d)(2);
                        ``(F) contain evidence of coordination with
                    existing resources;
                        ``(G) provide an assurance that funds provided
                    under this subpart will supplement and not supplant
                    other Federal, State, and local funds;
                        ``(H) describe how the activities to be assisted
                    conform with an allowable model described in section
                    5763(b); and
                        ``(I) demonstrate that the school and local
                    educational agency have agreed to conduct a schoolwide
                    program under 1114.
        ``(b) State Agency Review and Award.--The State educational agency
    shall review applications and award grants to schools under subsection
    (a) according to a review by a panel of experts on school dropout
    prevention.
        ``(c) Criteria.--The Director shall establish clear and specific
    selection criteria for awarding grants to schools under this subpart.
    Such criteria shall be based on school dropout rates and other relevant
    factors for State educational agencies to use in determining the number
    of grants to award and the type of schools to be awarded grants.
        ``(d) Eligibility.--A school is eligible to receive a grant under
    this subpart if the school is--
                ``(1) a public school (including a public alternative
            school)--
                        ``(A) that is eligible to receive assistance under
                    part A of title I, including a comprehensive secondary
                    school, a vocational or technical secondary school, and
                    a charter school; and
                        ``(B)(i) that serves students 50 percent or more of
                    whom are low-income individuals; or
                        ``(ii) with respect to which the feeder schools
                    that provide the majority of the incoming students to
                    the school serve students 50 percent or more of whom
                    are low-income individuals; or
                ``(2) participating in a schoolwide program under section
            1114 during the grant period.
        ``(e) Community-Based Organizations.--A school that receives a
    grant under this subpart may use the grant funds to secure necessary
    services from a community-based organization, including private sector
    entities, if--
                ``(1) the school approves the use;
                ``(2) the funds are used to provide school dropout
            prevention and reentry activities related to schoolwide
            efforts; and
                ``(3) the community-based organization has demonstrated the
            organization's ability to provide effective services as
            described in section 107(a) of the Job Training Partnership
            Act, or section 122 of the Workforce Investment Act of 1998.
        ``(f) Coordination.--Each school that receives a grant under this
    subpart shall coordinate the activities assisted under this subpart
    with other Federal programs, such as programs assisted under chapter 1
    of subpart 2 of part A of title IV of the Higher Education Act of 1965.

    ``SEC. 5765. DISSEMINATION ACTIVITIES.

        ``Each school that receives a grant under this subpart shall
    provide information and technical assistance to other schools within
    the school district, including presentations, document-sharing, and
    joint staff development.

    ``SEC. 5766. PROGRESS INCENTIVES.

        ``Notwithstanding any other provision of law, each local
    educational agency that receives funds under title I shall use such
    funding to provide assistance to schools served by the agency that have
    not made progress toward lowering school dropout rates after receiving
    assistance under this subpart for 2 fiscal years.

    ``SEC. 5767. SCHOOL DROPOUT RATE CALCULATION.

        ``For purposes of calculating a school dropout rate under this
    subpart, a school shall use--
                ``(1) the annual event school dropout rate for students
            leaving a school in a single year determined in accordance with
            the National Center for Education Statistics' Common Core of
            Data, if available; or
                ``(2) in other cases, a standard method for calculating the
            school dropout rate as determined by the State educational
            agency.

    ``SEC. 5768. REPORTING AND ACCOUNTABILITY.

        ``(a) Reporting.--In order to receive funding under this subpart
    for a fiscal year after the first fiscal year a school receives funding
    under this subpart, the school shall provide, on an annual basis, to
    the Director a report regarding the status of the implementation of
    activities funded under this subpart, the disaggregated outcome data
    for students at schools assisted under this subpart such as dropout
    rates, and certification of progress from the eligible entity whose
    strategies the school is implementing.
        ``(b) Accountability.--On the basis of the reports submitted under
    subsection (a), the Director shall evaluate the effect of the
    activities assisted under this subpart on school dropout prevention
    compared to a control group.

    ``SEC. 5769. PROHIBITION ON TRACKING.

        ``(a) In General.--A school shall be ineligible to receive funding
    under this subpart for a fiscal year, if the school--
                ``(1) has in place a general education track;
                ``(2) provides courses with significantly different
            material and requirements to students at the same grade level;
            or
                ``(3) fails to encourage all students to take a core
            curriculum of courses.
        ``(b) Regulations.--The Secretary shall promulgate regulations
    implementing subsection (a).

           ``Subpart 3--Definitions; Authorization of Appropriations

    ``SEC. 5771. DEFINITIONS.

        ``In this Act:
                ``(1) Director.--The term `Director' means the Director of
            the Office of Dropout Prevention and Program Completion
            established under section 220 of the General Education
            Provisions Act.
                ``(2) Low-income.--The term `low-income', used with respect
            to an individual, means an individual determined to be low-
            income in accordance with measures described in section
            1113(a)(5).
                ``(3) School dropout.--The term `school dropout' has the
            meaning given the term in section 4(17) of the School-to-Work
            Opportunities Act of 1994.

    ``SEC. 5772. AUTHORIZATION OF APPROPRIATIONS.

        ``(a) Subpart 1.--There are authorized to be appropriated to carry
    out subpart 1, $5,000,000 for fiscal year 2002 and such sums as may be
    necessary for each of the 4 succeeding fiscal years.
        ``(b) Subpart 2.--There are authorized to be appropriated to carry
    out subpart 2, $145,000,000 for fiscal year 2002 and such sums as may
    be necessary for each of the 4 succeeding fiscal years, of which--
                ``(1) $125,000,000 shall be available to carry out section
            5322; and
                ``(2) $20,000,000 shall be available to carry out section
            5323.''.

    SEC. 515. OFFICE OF DROPOUT PREVENTION AND PROGRAM COMPLETION.

        Title II of the Department of Education Organization Act (20 U.S.C.
    3411) is amended--
                (1) by redesignating section 216 (as added by Public Law
            103-227) as section 218; and
                (2) by adding at the end the following:

             ``office of dropout prevention and program completion

        ``Sec. 220. (a) Establishment.--There shall be in the Department of
    Education an Office of Dropout Prevention and Program Completion
    (hereafter in this section referred to as the `Office'), to be
    administered by the Director of the Office of Dropout Prevention and
    Program Completion. The Director of the Office shall report directly to
    the Secretary and shall perform such additional functions as the
    Secretary may prescribe.
        ``(b) Duties.--The Director of the Office of Dropout Prevention and
    Program Completion (hereafter in this section referred to as the
    `Director'), through the Office, shall--
                ``(1) help coordinate Federal, State, and local efforts to
            lower school dropout rates and increase program completion by
            middle school, secondary school, and college students;
                ``(2) recommend Federal policies, objectives, and
            priorities to lower school dropout rates and increase program
            completion;
                ``(3) oversee the implementation of subpart 2 of part C of
            title V of the Elementary and Secondary Education Act of 1965;
                ``(4) develop and implement the National School Dropout
            Prevention Strategy under section 5752 of the Elementary and
            Secondary Education Act of 1965;
                ``(5) annually prepare and submit to Congress and the
            Secretary a national report describing efforts and recommended
            actions regarding school dropout prevention and program
            completion;
                ``(6) recommend action to the Secretary and the President,
            as appropriate, regarding school dropout prevention and program
            completion; and
                ``(7) consult with and assist State and local governments
            regarding school dropout prevention and program completion.
        ``(c) Scope of Duties.--The scope of the Director's duties under
    subsection (b) shall include examination of all Federal and non-Federal
    efforts related to--
                ``(1) promoting program completion for children attending
            middle school or secondary school;
                ``(2) programs to obtain a secondary school diploma or its
            recognized equivalent (including general equivalency diploma
            (GED) programs), or college degree programs; and
                ``(3) reentry programs for individuals aged 12 to 24 who
            are out of school.
        ``(d) Detailing.--In carrying out the Director's duties under this
    section, the Director may request the head of any Federal department or
    agency to detail personnel who are engaged in school dropout prevention
    activities to another Federal department or agency in order to
    implement the National School Dropout Prevention Strategy.''.

    SEC. 516. IMPACT AID AMENDMENTS.

        (a) Payments for Federal Acquisition of Real Property.--Section
    8014(a) (20 U.S.C. 7714(a)) is amended--
                (1) by striking ``$32,000,000 for fiscal year 2000'' and
            inserting ``$50,000,000 for fiscal year 2002''; and
                (2) by striking ``three'' and inserting ``four''.
        (b) Basic Payments.--Section 8014(b) (20 U.S.C. 7714(b)) is
    amended--
                (1) by striking ``$809,400,000 for fiscal year 2000'' and
            inserting ``$1,000,000,000 for fiscal year 2002''; and
                (2) by striking ``three'' and inserting ``four''.
        (c) Payments for Children With Disabilities.--Section 8014(c) (20
    U.S.C. 7714(c)) is amended--
                (1) by striking ``$50,000,000 for fiscal year 2000'' and
            inserting ``$70,000,000 for fiscal year 2002''; and
                (2) by striking ``three'' and inserting ``four''.
        (d) Construction.--Section 8014(e) (20 U.S.C. 7714(e)) is amended--
                (1) by striking ``$10,052,000 for fiscal year 2000'' and
            inserting ``$35,000,000 for fiscal year 2002''; and
                (2) by striking ``three'' and inserting ``four''.
        (e) Facilities Maintenance.--Section 8014(f) (20 U.S.C. 7714(f)) is
    amended--
                (1) by striking ``$5,000,000 for fiscal year 2000'' and
            inserting ``$12,000,000 for fiscal year 2002''; and
                (2) by striking ``three'' and inserting ``four''.
        (f) Additional Assistance for Certain Local Educational Agencies
    Impacted by Federal Property Acquisition.--Section 8014(g) (20 U.S.C.
    7714(g)) is amended--
                (1) in the heading, by striking ``Federal Property Local
            Educational Agencies'' and inserting ``Local Educational
            Agencies Impacted by Federal Property Acquisition''; and
                (2) by striking ``2000'' and inserting ``2002''.

                  TITLE VI--INNOVATIVE EDUCATIONAL STRATEGIES

    SEC. 601. INNOVATIVE EDUCATIONAL STRATEGIES.

        (a) Amendment to Heading.--The heading of title VI is amended to
    read as follows:

        ``TITLE VI--INNOVATIVE EDUCATION PROGRAM STRATEGIES AND SCHOOL
                                  CAPACITY''.

        (b) Strategies.--Part A of title VI is amended by adding at the end
    the following:

    ``SEC. 6103. ANNUAL PERFORMANCE REPORTING.

        ``(a) Annual Report to State Educational Agency.--A local
    educational agency that receive funds under this title shall report
    annually to the State educational agency on--
                ``(1) the specific purposes for which the funds were used;
                ``(2) the measurable impact such funds had on student
            achievement and enabling children to achieve challenging State
            academic standards; and
                ``(3) the extent to which the local educational agency met
            the goals established by the State educational agency for
            annual progress on improving student academic achievement and
            student performance.
        ``(b) Annual Report to Public.--A local educational agency
    receiving funds under this title shall annually report to the public
    information on the agency's annual progress in meeting the goals
    established by the State, and the specific purposes for which funds
    under this title were used.
        ``(c) Limitation on Funds.--A local educational agency shall not
    receive funds under this title unless it complies with the requirements
    of this section.''.
        (b) State Applications.--Paragraph (2) of section 6202(a) is
    amended to read as follows:
                ``(2)(A) annually provides the submission of data on the
            use of funds, the types of services furnished, and the extent
            that special populations and economically disadvantaged
            students were served relative to the overall student population
            for each local educational agency; and
                ``(B) beginning in 2003 provides for a rigorous,
            independent evaluation of this title's effectiveness in each
            local educational agency in the State in improving student
            academic achievement and student performance, consistent with
            the goals specified in paragraph (8).''.
        (c) Goals.--Section 6202(a) is amended--
                (1) by striking ``and'' at the end of paragraph (6);
                (2) by striking the period at the end of paragraph (7) and
            inserting ``; and''; and
                (3) by adding at the end the following:
                ``(8) provides an assurance that the State educational
            agency will establish specific measurable goals for the annual
            progress of local educational agencies and schools within the
            State with respect to improving student academic achievement
            and student performance.''.
        (d) Definitions and Data Elements.--Part D of title VI is amended
    by adding at the end the following:

    ``SEC. 6404. DEFINITIONS AND DATA ELEMENTS.

        ``The Secretary shall establish, in consultation with the States,
    common definitions and data elements to ensure that data required to be
    provided under this title are comparable across States and the data can
    be used by the Department for compliance with the Government
    Performance and Results Act.''.
        (e) Authorization.--Section 6002 (20 U.S.C. 7302) is amended to
    read as follows:

    ``SEC. 6002. AUTHORIZATION.

        ``To carry out the purposes of this title, there are authorized to
    be appropriated $450,000,000 for fiscal year 2002 and such sums as may
    be necessary for the 4 succeeding fiscal years.''.

    SEC. 602. SCHOOL CONSTRUCTION AND RENOVATION GRANTS.

        Title VI is amended by adding at the end the following:

              ``PART E--SCHOOL CONSTRUCTION AND RENOVATION GRANTS

    ``SEC. 6501. SCHOOL CONSTRUCTION AND RENOVATION GRANTS.

        ``(a) Grants.--
                ``(1) Allocation of funds.--From the amount provided under
            section 6502, the Secretary shall reserve--
                        ``(A) 6.25 percent of such amount for grants to
                    impacted local educational agencies (as defined in
                    paragraph (3)) for school repair, renovation, and
                    construction;
                        ``(B) \1/4\ of 1 percent of such amount for grants
                    to outlying areas for school repair and renovation in
                    high-need schools and communities, allocated on such
                    basis, and subject to such terms and conditions, as the
                    Secretary determines appropriate;
                        ``(C) $25,000,000 for grants to public entities,
                    private nonprofit entities, and consortia of such
                    entities, for use in accordance with subpart 2 of part
                    E of title V; and
                        ``(D) the remainder for grants to State educational
                    agencies in proportion to the amount each State
                    received under part A of title I, except that no State
                    shall receive less than 0.5 percent of the amount
                    allocated under this subparagraph.
                ``(2) Determination of grant amount.--
                        ``(A) Determination of weighted student units.--For
                    purposes of computing the grant amounts under paragraph
                    (1)(A), the Secretary shall determine the results
                    obtained by the computation made under section 8003
                    with respect to children described in subsection
                    (a)(1)(C) of such section and computed under subsection
                    (a)(2)(B) of such section for the appropriate fiscal
                    year--
                                ``(i) for each impacted local educational
                            agency that receives funds under this section;
                            and
                                ``(ii) for all such agencies together.
                        ``(B) Computation of payment.--The Secretary shall
                    calculate the amount of a grant to an impacted local
                    educational agency by--
                                ``(i) dividing the amount described in
                            paragraph (1)(A) by the results of the
                            computation described in subparagraph (A)(ii);
                            and
                                ``(ii) multiplying the number derived under
                            clause (i) by the results of the computation
                            described in subparagraph (A)(i) for such
                            agency.
                ``(3) Definition.--For purposes of this section, the term
            `impacted local educational agency' means--
                        ``(A) a local educational agency that receives a
                    basic support payment under section 8003(b) for such
                    fiscal year; and
                        ``(B) with respect to which the number of children
                    determined under section 8003(a)(1)(C) for the
                    preceding school year constitutes at least 50 percent
                    of the total student enrollment in the schools of the
                    agency during such school year.
        ``(b) Within-State Allocations.--
                ``(1) Administrative costs.--
                        ``(A) State educational agency administration.--
                    Except as provided in subparagraph (B), each State
                    educational agency may reserve not more than 1 percent
                    of its allocation under subsection (a)(1)(D) for the
                    purpose of administering the distribution of grants
                    under this subsection.
                        ``(B) State entity administration.--If the State
                    educational agency transfers funds to a State entity
                    described in paragraph (2)(A), the agency shall
                    transfer to such entity 0.75 of the amount reserved
                    under this paragraph for the purpose of administering
                    the distribution of grants under this subsection.
                ``(2) Reservation for competitive school construction,
            repair, and renovation grants to local educational agencies.--
                        ``(A) In general.--Subject to the reservation under
                    paragraph (1), of the funds allocated to a State
                    educational agency under subsection (a)(1)(D), the
                    State educational agency shall distribute no less than
                    99 percent of such funds to local educational agencies
                    or, if such State educational agency is not responsible
                    for the financing of education facilities, the agency
                    shall transfer such funds to the State entity
    responsible for the financing of education facilities (referred to in
    this section as the `State entity') for distribution by such entity to
    local educational agencies in accordance with this paragraph, to be
    used, consistent with subsection (c), for school construction, repair,
    and renovation.
                        ``(B) Competitive grants to local educational
                    agencies.--
                                ``(i) In general.--The State educational
                            agency or State entity shall carry out a
                            program of competitive grants to local
                            educational agencies for the purpose described
                            in subparagraph (A). Of the total amount
                            available for distribution to such agencies
                            under this paragraph, the State educational
                            agency or State entity, shall, in carrying out
                            the competition--
                                        ``(I) award to high poverty local
                                    educational agencies described in
                                    clause (ii), in the aggregate, at least
                                    an amount which bears the same
                                    relationship to such total amount as
                                    the aggregate amount such local
                                    educational agencies received under
                                    part A of title I for the current
                                    fiscal year bears to the aggregate
                                    amount received for such fiscal year
                                    under such part by all local
                                    educational agencies in the State;
                                        ``(II) award to rural local
                                    educational agencies in the State, in
                                    the aggregate, at least an amount which
                                    bears the same relationship to such
                                    total amount as the aggregate amount
                                    such rural local educational agencies
                                    received under part A of title I for
                                    the current fiscal year bears to the
                                    aggregate amount received for such
                                    fiscal year under such part by all
                                    local educational agencies in the
                                    State; and
                                        ``(III) award the remaining funds
                                    to local educational agencies not
                                    receiving an award under subclause (I)
                                    or (II), including high poverty and
                                    rural local educational agencies that
                                    did not receive such an award.
                                ``(ii) High poverty local educational
                            agencies.--A local educational agency is
                            described in this clause if--
                                        ``(I) the percentage described in
                                    subparagraph (C)(i) with respect to the
                                    agency is 30 percent or greater; or
                                        ``(II) the number of children
                                    described in such subparagraph with
                                    respect to the agency is at least
                                    10,000.
                        ``(C) Criteria for awarding grants.--In awarding
                    competitive grants under this paragraph, a State
                    educational agency or State entity shall--
                                ``(i) take into account--
                                        ``(I) the percentage of poor
                                    children 5 to 17 years of age,
                                    inclusive, in a local educational
                                    agency;
                                        ``(II) the need of a local
                                    educational agency for school
                                    construction, repair, and renovation,
                                    as demonstrated by the condition of its
                                    public school facilities;
                                        ``(III) the fiscal capacity of a
                                    local educational agency to meet its
                                    needs for construction, repair, and
                                    renovation of public school facilities
                                    without assistance under this section,
                                    including its ability to raise funds
                                    through the use of local bonding
                                    capacity and otherwise;
                                        ``(IV) in the case of a local
                                    educational agency that proposes to
                                    fund a construction, repair, or
                                    renovation project for a charter school
                                    or schools, the extent to which the
                                    school or schools have access to
                                    funding for the project through the
                                    financing methods available to other
                                    public schools or local educational
                                    agencies in the State; and
                                        ``(V) the likelihood that the local
                                    educational agency will maintain, in
                                    good condition, any facility whose
                                    construction, repair, or renovation is
                                    assisted under this section; and
                                ``(ii) give priority, consistent with
                            subparagraph (B)(i), to local educational
                            agencies which provide an assurance that such
                            grant will be used to repair or renovate
                            schools identified as in need of improvement
                            under section 1116(b).
                        ``(D) Possible matching requirement.--
                                ``(i) In general.--A State educational
                            agency or State entity may require local
                            educational agencies to match funds awarded
                            under this subsection.
                                ``(ii) Match amount.--The amount of a match
                            described in clause (i) may be established by
                            using a sliding scale that takes into account
                            the relative poverty of the population served
                            by the local educational agency.
        ``(c) Rules Applicable to School Construction, Repair, and
    Renovation.--With respect to funds made available under this section
    that are used for school construction, repair, and renovation, the
    following rules shall apply:
                ``(1) Permissible uses of funds.--School construction,
            repair, and renovation shall be limited to one or more of the
            following:
                        ``(A) Emergency repairs or renovations to public
                    school facilities only to ensure the health and safety
                    of students and staff, including--
                                ``(i) repairing, replacing, or installing
                            roofs, electrical wiring, plumbing systems, or
                            sewage systems;
                                ``(ii) repairing, replacing, or installing
                            heating, ventilation, or air conditioning
                            systems (including insulation); and
                                ``(iii) bringing public schools into
                            compliance with fire and safety codes.
                        ``(B) School facilities modifications necessary to
                    render public school facilities accessible in order to
                    comply with the Americans with Disabilities Act of 1990
                    (42 U.S.C. 12101 et seq.).
                        ``(C) School facilities modifications necessary to
                    render public school facilities accessible in order to
                    comply with section 504 of the Rehabilitation Act of
                    1973 (29 U.S.C. 794).
                        ``(D) Asbestos abatement or removal from public
                    school facilities.
                        ``(E) Renovation, repair, and acquisition needs
                    related to the building infrastructure of a charter
                    school.
                        ``(F) Construction of new public school facilities.
                ``(2) Impermissible uses of funds.--No funds received under
            this section may be used for--
                        ``(A) payment of maintenance costs in connection
                    with any projects constructed in whole or part with
                    Federal funds provided under this section; or
                        ``(B) stadiums or other facilities primarily used
                    for athletic contests or exhibitions or other events
                    for which admission is charged to the general public.
                ``(3) Charter schools.--A public charter school that
            constitutes a local educational agency under State law shall be
            eligible for assistance under the same terms and conditions as
            any other local educational agency.
                ``(4) Supplement, not supplant.--Excluding the uses
            described in subparagraphs (B) and (C) of paragraph (1), a
            local educational agency shall use Federal funds subject to
            this subsection only to supplement the amount of funds that
            would, in the absence of such Federal funds, be made available
            from non-Federal sources for school repair and renovation.
        ``(d) Special Rule.--Each local educational agency that receives
    funds under this section shall ensure that, if it carries out
    construction, repair, or renovation through a contract, any such
    contract process ensures the maximum number of qualified bidders,
    including small, minority, and women-owned businesses, through full and
    open competition.
        ``(e) Public Comment.--Each local educational agency receiving
    funds under paragraph (2) of subsection (b)--
                ``(1) shall provide parents, educators, and all other
            interested members of the community the opportunity to consult
            on the use of funds received under such paragraph;
                ``(2) shall provide the public with adequate and efficient
            notice of the opportunity described in paragraph (1) in a
            widely read and distributed medium; and
                ``(3) shall provide the opportunity described in paragraph
            (1) in accordance with any applicable State and local law
            specifying how the comments may be received and how the
            comments may be reviewed by any member of the public.
        ``(f) Reporting.--
                ``(1) Local reporting.--Each local educational agency
            receiving funds under subsection (a)(1)(D) shall submit a
            report to the State educational agency, at such time as the
            State educational agency may require, describing the use of
            such funds for school construction, repair, and renovation.
                ``(2) State reporting.--Each State educational agency shall
            submit to the Secretary of Education, not later than December
            31, 2002, a report on the use of funds received under
            subsection (a)(1)(D) by local educational agencies for school
            construction, repair, and renovation.
                ``(3) Additional reports.--Each entity receiving funds
            allocated under subsection (a)(1) (A) of (B) shall submit to
            the Secretary, not later than December 31, 2002, a report on
            its uses of funds under this section, in such form and
            containing such information as the Secretary may require.
        ``(g) Reallocation.--If a State educational agency does not apply
    for an allocation of funds under subsection (a)(1)(D) for fiscal year
    2001, or does not use its entire allocation for such fiscal year, the
    Secretary may reallocate the amount of the State educational agency's
    allocation (or the remainder thereof, as the case may be) to the
    remaining State educational agencies in accordance with subsection
    (a)(1)(D).
        ``(h) Participation of Private Schools.--
                ``(1) In general.--Section 6402 shall apply to subsection
            (b)(2) in the same manner as it applies to activities under
            this part, except that--
                        ``(A) such section shall not apply with respect to
                    the title to any real property renovated or repaired
                    with assistance provided under this section;
                        ``(B) the term `services' as used in section 6402
                    with respect to funds under this section shall be
                    provided only to private, nonprofit elementary or
                    secondary schools with a rate of child poverty of at
                    least 40 percent and may include for purposes of
                    subsection (b)(2) only--
                                ``(i) modifications of school facilities
                            necessary to meet the standards applicable to
                            public schools under the Americans with
                            Disabilities Act of 1990 (42 U.S.C. 12101 et
                            seq.);
                                ``(ii) modifications of school facilities
                            necessary to meet the standards applicable to
                            public schools under section 504 of the
                            Rehabilitation Act of 1973 (29 U.S.C. 794); and
                                ``(iii) asbestos abatement or removal from
                            school facilities; and
                        ``(C) notwithstanding the requirements of section
                    6402(b), expenditures for services provided using funds
                    made available under subsection (b)(2) shall be
                    considered equal for purposes of such section if the
                    per-pupil expenditures for services described in
                    subparagraph (B) for students enrolled in private
                    nonprofit elementary and secondary schools that have
                    child poverty rates of at least 40 percent are
                    consistent with the per-pupil expenditures under this
                    section for children enrolled in the public schools in
                    the school district of the local educational agency
                    receiving funds under this section.
                ``(2) Remaining funds.--If the expenditure for services
            described in paragraph (1)(B) is less than the amount
            calculated under paragraph (1)(C) because of insufficient need
            for such services, the remainder shall be available to the
            local educational agency for renovation and repair of public
            school facilities.
                ``(3) Application.--If any provision of this section, or
            the application thereof, to any person or circumstances is
            judicially determined to be invalid, the provisions of the
            remainder of the section and the application to other persons
            or circumstances shall not be affected thereby.
        ``(i) Definitions.--For purposes of this section:
                ``(1) Poor children and child poverty.--The terms `poor
            children' and `child poverty' refer to children 5 to 17 years
            of age, inclusive, who are from families with incomes below the
            poverty line (as defined by the Office of Management and Budget
            and revised annually in accordance with section 673(2) of the
            Community Services Block Grant (42 U.S.C. 9902(2)) applicable
            to a family of the size involved for the most recent fiscal
            year for which data satisfactory to the Secretary are
            available.
                ``(2) Rural local educational agency.--The term `rural
            local educational agency' means a local educational agency that
            the State determines is located in a rural area using objective
            data and a commonly employed definition of the term `rural'.

    ``SEC. 6502. AUTHORIZATION OF APPROPRIATIONS.

        ``For the purpose of carrying out this part, there are authorized
    to be appropriated $2,256,000,000 for fiscal year 2002, $3,414,000,000
    for fiscal year 2003, $4,619,000,000 for fiscal year 2004,
    $5,874,000,000 for fiscal year 2005, and $7,179,000,000 for fiscal year
    2006.''.

        TITLE VII--EDUCATION OF LIMITED ENGLISH PROFICIENT CHILDREN AND
                         EMERGENCY IMMIGRANT EDUCATION

    SEC. 701. PROGRAMS AUTHORIZED.

        Title VII (20 U.S.C. 7401 et seq.) is amended to read as follows:

       ``TITLE VII--EDUCATION OF LIMITED ENGLISH PROFICIENT CHILDREN AND
                         EMERGENCY IMMIGRANT EDUCATION

        ``PART A--INSTRUCTIONAL PROGRAMS FOR LIMITED ENGLISH PROFICIENT
                                    STUDENTS

    ``SEC. 7101. SHORT TITLE.

        ``This part may be cited as the `Bilingual Instruction and Academic
    Achievement Act'.

    ``SEC. 7102. FINDINGS AND PURPOSES.

        ``(a) Findings.--The Congress finds that--
                ``(1) since 1979, the number of limited English proficient
            children attending school in the United States has more than
            doubled to greater than 4,000,000, and demographic trends
            indicate the population of limited English proficient children
            will continue to increase;
                ``(2) limited English proficient children must overcome a
            number of challenges in receiving an education in order to
            enable such children 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 need for additional teachers and other
                    staff who are professionally trained and qualified to
                    serve such children;
                ``(3) States and local educational agencies need assistance
            in developing the capacity to provide programs of instruction
            that offer and provide an equal educational opportunity to
            children who need special assistance because English is not
            their dominant language;
                ``(4) as the world becomes increasingly interdependent and
            as international communication becomes a daily occurrence in
            government, business, commerce, and family life, language
            skills constitute an important national resource which deserves
            protection and development;
                ``(5) 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;
                ``(6) 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
            educational agencies take appropriate action to provide equal
            educational opportunities to children of limited English
            proficiency; and
                ``(7) research, evaluation, and data collection
            capabilities in the field of instruction for limited English
            proficient children need to be strengthened so that educators
            and other staff teaching limited English proficient children in
            the classroom can better identify and promote programs, program
            implementation strategies, and instructional practices that
            result in the effective education of limited English proficient
            children.
        ``(b) Purposes.--The purposes of this part are--
                ``(1) to help ensure that children who are limited English
            proficient are provided appropriate instruction that ensures
            they can demonstrate English proficiency, develop high levels
            of academic attainment in English, and meet the same
            challenging State content standards and challenging State
            student performance standards expected of all children; and
                ``(2) to develop high quality instructional programs
            designed to assist local educational agencies in teaching
            limited English proficient children.

    ``SEC. 7103. PARENTAL NOTIFICATION AND CONSENT FOR ENGLISH LANGUAGE
                  INSTRUCTION.

        ``(a) Notification.--If a local educational agency receives funds
    under this part, the agency shall inform a parent or the parents of a
    child being assisted under this part of--
                ``(1) the reasons for the identification of the child as
            being in need of academic and language instruction;
                ``(2) the child's level of English proficiency, how such
            level was assessed, and the status of the child's academic
            achievement;
                ``(3) how the instruction program will specifically help
            the child acquire English and meet age-appropriate standards
            for grade promotion and graduation;
                ``(4) what the specific exit requirements are for the
            program;
                ``(5) 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 the
            student's individualized education program; and
                ``(6) the expected rate of graduation from high school for
            the program if funds under this part are used for children in
            secondary schools.
        ``(b) Parental Rights.--A parent or the parents of a child
    participating in an instruction program for limited English proficient
    children assisted under this part shall--
                ``(1) be afforded an opportunity to select among methods of
            instruction, if more than one method is offered in the program;
            and
                ``(2) have the right to have their child immediately
            removed from the program upon their request.
        ``(c) Receipt of Information.--A parent or the parents of a child
    identified for participation in an English language instruction program
    for limited English proficient children assisted under this part shall
    receive, in a manner and form understandable to the parent or parents,
    the information required by this subsection. At a minimum, the parent
    or parents shall receive--
                ``(1) timely information about English language instruction
            programs for limited English proficient children assisted under
            this part;
                ``(2) if a parent of a participating child so desires,
            notice of opportunities for regular meetings for the purpose of
            formulating and responding to recommendations from such
            parents; and
                ``(3) procedural information for removing a child from a
            program for limited English proficient children.
        ``(d) Basis for Admission or Exclusion.--Students shall not be
    admitted to or excluded from any federally assisted education program
    on the basis of a surname or language-minority status.
        ``(e) Civil Rights Protection.--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 a specialized instructional program to help their child learn
    English.

    ``SEC. 7104. AUTHORIZATIONS OF APPROPRIATIONS.

        ``(a) Subpart 1.--For the purpose of carrying out subpart 1 there
    are authorized to be appropriated $500,000,000 for fiscal year 2002 and
    such sums as may be necessary for the 4 succeeding fiscal years.
        ``(b) Subpart 2.--For the purpose of carrying out subpart 2, there
    are authorized to be appropriated $60,000,000 for fiscal year 2002 and
    such sums as may be necessary for the 4 succeeding fiscal years.
        ``(c) Subpart 3.--For the purpose of carrying out subpart 4, there
    are authorized to be appropriated $16,000,000 for fiscal year 2002 and
    such sums as may be necessary for the 4 succeeding fiscal years.

                      ``Subpart 1--Instructional Programs

    ``SEC. 7111. FINANCIAL ASSISTANCE FOR PROGRAMS FOR LIMITED ENGLISH
                  PROFICIENT CHILDREN.

        ``The purpose of this subpart is to assist local educational
    agencies, institutions of higher education, and community-based
    organizations, through the grants authorized under section 7112, to--
                ``(1) develop and enhance their capacity to provide high-
            quality instruction through language instruction and programs
            which assist limited English proficient children in achieving
            the same high levels of academic achievement as other children;
            and
                ``(2) help such children--
                        ``(A) develop proficiency in English; and
                        ``(B) meet the same challenging State content
                    standards and challenging State student performance
                    standards expected for all children as required by
                    section 1111(b).

    ``SEC. 7112. FINANCIAL ASSISTANCE FOR INSTRUCTIONAL SERVICES.

        ``(a) Program Authorized.--
                ``(1) In general.--The Secretary is authorized to award
            grants to eligible entities having applications approved under
            section 7114 to enable such entities to carry out activities
            described in subsection (b).
                ``(2) Length of grant.--Each grant under this section shall
            be awarded for a period of 3 to 5 years, as determined by the
            Secretary, based on the type of grant for which the eligible
            entity applies.
        ``(b) Authorized Activities.--Grants awarded under this section
    shall be used to improve the education of limited English proficient
    children and their families, through the acquisition of English and the
    attainment of challenging State academic content standards and
    challenging State performance standards using scientifically-based
    research approaches and methodologies, by--
                ``(1) developing and implementing new language and academic
            content instructional programs for children who are limited
            English proficient, including programs of early childhood
            education and kindergarten through 12th grade education, that
            are aligned with the State's challenging academic, content, and
            performance standards;
                ``(2) carrying out highly focused, innovative, locally
            designed projects to expand or enhance existing English
            language and academic content instruction programs for limited
            English proficient children;
                ``(3) implementing, within an individual school, schoolwide
            programs for restructuring, reforming, and upgrading all
            relevant programs and operations relating to English language
            and academic content instruction for limited English proficient
            students; or
                ``(4) implementing, within the entire jurisdiction of a
            local educational agency, agency-wide programs for
            restructuring, reforming, and upgrading all relevant programs
            and operations relating to language and academic content
            instruction for limited English proficient students.
        ``(c) Uses of Funds.--Grants under this section may be used--
                ``(1) to upgrade program objectives and effective
            instructional strategies;
                ``(2) to improve the instruction program for limited
            English proficient students by identifying, acquiring, and
            upgrading curricula, instructional materials, educational
            software, and assessment procedures;
                ``(3) to provide--
                        ``(A) tutorials and academic or vocational
                    education for limited English proficient children; and
                        ``(B) intensified instruction;
                ``(4) to develop and implement comprehensive preschool or
            elementary or secondary school language instructional programs
            that are coordinated with other relevant programs and services;
                ``(5) to provide professional development to classroom
            teachers, administrators, and other school or community-based
            organizational personnel to improve the instruction and
            assessment of children who are limited English proficient
            children;
                ``(6) to improve the English language proficiency and
            academic performance of limited English proficient children;
                ``(7) to improve the instruction of limited English
            proficient children by providing for the acquisition or
            development of education technology or instructional materials,
            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 subpart;
                ``(8) to develop tutoring programs for limited English
            proficient children that provide early intervention and
            intensive instruction in order to improve academic achievement,
            to increase graduation rates among limited English proficient
            children, and to increase English proficiency among such
            children;
                ``(9) to develop accountability systems to monitor the
            academic progress and English proficiency of limited proficient
            students and formerly limited English proficient students;
                ``(10) to provide family literacy services and parent
            outreach and training activities to limited English proficient
            children and their families to improve their English language
            skills and assist parents in helping their children to improve
            their academic performance; and
                ``(11) to undertake other activities that are consistent
            with the purposes of this subpart.
        ``(d) Special Rule.--A grant recipient, before carrying out a
    program assisted under this section, shall plan, train personnel,
    develop curricula, and acquire or develop materials.
        ``(e) 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 organization, or local or State educational
            agency.

    ``SEC. 7113. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN SCHOOL.

        ``(a) Eligible Entities.--For the purpose of carrying out programs
    under this subpart for individuals served by elementary, secondary, and
    postsecondary schools operated predominately for Native American or
    Alaska Native children, 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 subpart, 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 subpart, each eligible entity described in subsection
    (a) shall submit any application for assistance under this subpart
    directly to the Secretary along with timely comments on the need for
    the proposed program.

    ``SEC. 7114. 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) Required Documentation.--Such application shall include
    documentation that the applicant has the qualified personnel required
    to develop, administer, and implement the proposed program.
        ``(c) 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, and a comprehensive description of the
                    characteristics relevant to the children being served.
                        ``(B) An assurance that, if the applicant includes
                    one or more local educational agencies, each such
                    agency is complying with section 7103(b) prior to, and
                    throughout, each school year.
                        ``(C) A description of the program to be
                    implemented and how such program's design--
                                ``(i) relates to the English language and
                            academic needs of the children of limited
                            English proficiency to be served;
                                ``(ii) is coordinated with other programs
                            under this Act and other Acts, as appropriate,
                            in accordance with section 10206;
                                ``(iii) involves the parents of the
                            children of limited English proficiency to be
                            served;
                                ``(iv) ensures accountability in achieving
                            high academic standards; and
                                ``(v) promotes coordination of services for
                            the children of limited English proficiency to
                            be served and their families.
                        ``(D) 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.
                        ``(E) An assurance that the applicant will not
                    reduce the level of State and local funds that the
                    applicant expends for programs for limited English
                    proficient children if the applicant receives an award
                    under this subpart.
                        ``(F) An assurance that the applicant will employ
                    teachers in the proposed program who are proficient in
                    English, including written and oral communication
                    skills, and another language, if appropriate.
                        ``(G) A budget for grant funds.
                        ``(H) A description of how the applicant annually
                    will assess the English proficiency of all children
                    with limited English proficiency participating in
                    programs funded under this subpart.
                        ``(I) Data on the number of limited English
                    proficient students that will be served.
                        ``(J) The characteristics of the students to be
                    served, including--
                                ``(i) the proficiency of such students in
                            English; and
                                ``(ii) achievement data, in the aggregate,
                            of such students in core academic subjects.
                ``(2) Additional information.--Each applicant for a grant
            under section 7112 who intends to use the grant for a purpose
            described in paragraph (3) or (4) of subsection (b) of such
            section--
                        ``(A) shall describe--
                                ``(i) how services provided under this
                            subpart are supplementary to existing services;
                                ``(ii) how funds received under this
                            subpart will be integrated, as appropriate,
                            with all other Federal, State, local, and
                            private resources that may be used to serve
                            children of limited English proficiency;
                                ``(iii) specific achievement and school
                            retention goals for the children to be served
                            by the proposed program and how progress toward
                            achieving such goals will be measured; and
                                ``(iv) current family literacy programs if
                            applicable; and
                        ``(B) shall provide assurances that the program
                    funded will be integrated with the overall educational
                    program.
        ``(d) 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 English and other languages
            used in instruction, if appropriate;
                ``(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 limited
            English proficient children 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; and
                ``(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.
        ``(e) 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.

    ``SEC. 7115. 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) applying technology to the course of instruction; and
                ``(3) providing intensified instruction through
            supplementary instruction or activities, including
            educationally enriching extracurricular activities, during
            times when school is not routinely in session.

    ``SEC. 7116. 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 language instruction and programs which assist limited
    English proficient children in achieving the same high levels of
    academic achievement as other children, once Federal assistance is
    reduced or eliminated.

    ``SEC. 7117. 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. 7118. SPECIAL CONSIDERATION.

        ``The Secretary shall give special consideration 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, including such children in areas
            with low concentrations of such children; 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. 7119. 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 and other Acts, as
    appropriate, in accordance with section 10206.

    ``SEC. 7120. 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 this subpart is made to an
    eligible entity within the State.

    ``SEC. 7121. 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 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--
                        ``(A) to assist local educational agencies in the
                    State with program design, capacity building,
                    assessment of student performance, and program
                    evaluation; and
                        ``(B) to collect data on the State's limited
                    English proficient populations and the educational
                    programs and services available to such populations.
                ``(2) 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.
                ``(3) Special rule.--Recipients of funds under this section
            shall not restrict the provision of services under this section
            to federally funded programs.
        ``(d) 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.
        ``(e) 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.
        ``(f) 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.

                     ``Subpart 2--Professional Development

    ``SEC. 7131. PURPOSE.

        ``The purpose of this subpart is to assist in preparing educators
    to improve educational services for limited English proficient children
    by supporting professional development programs primarily aimed at
    improving and developing the skills of instructional staff in
    elementary and secondary schools and on assisting limited English
    proficient children to attain English proficiency and meet challenging
    State academic content standards and challenging State performance
    standards.

    ``SEC. 7132. PROFESSIONAL DEVELOPMENT AND FELLOWSHIPS.

        ``(a) Program Authorized.--
                ``(1) In general.--The Secretary is authorized to award
            grants, as appropriate, to local educational agencies,
            institutions of higher education, State educational agencies,
            public and private organizations in consortium with a local
            educational agency, or a consortium of such agencies or
            institutions, except that any such consortium shall include a
            local educational agency.
                ``(2) Grant purpose.--Grants awarded under this section
            shall be used for one or more of the following purposes:
                        ``(A) To develop and provide ongoing in-service
                    professional development, including professional
                    development necessary to receive certification as a
                    teacher of limited English proficient children, for
                    teachers of limited English proficient children, school
                    administrators and, if appropriate, pupil services
                    personnel, and other educational personnel who are
                    involved in, or preparing to be involved in, the
                    provision of educational services to limited English
                    proficient children.
                        ``(B) 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 in-service professional development
                    programs for teachers, administrators and, if
                    appropriate, pupil services personnel, and other
                    educational personnel in order to prepare such
                    individuals to provide effective services to limited
                    English proficient students.
                        ``(C) To upgrade the qualifications and skills of
                    teachers to ensure that they are fully qualified (as
                    defined by section 1610) and meet high professional
                    standards, including certification and licensure as a
                    teacher of limited English proficient students.
                        ``(D) To upgrade the qualifications and skills of
                    paraprofessionals to ensure they meet the requirements
                    under section 1119 and meet high professional standards
                    to assist, as appropriate, teachers who instruct
                    limited English proficient students.
                        ``(E) To train secondary school students as
                    teachers of limited English proficient children and to
                    train, as appropriate, other education personnel to
                    serve limited English proficient students.
                        ``(F) To award fellowships for--
                                ``(i) study in such areas as teacher
                            training, program administration, research and
                            evaluation, and curriculum development, at the
                            master's, doctoral, or post-doctoral degree
                            level, related to instruction of children and
                            youth of limited English proficiency; and
                                ``(ii) the support of dissertation research
                            related to such study.
                        ``(G) To recruit elementary and secondary school
                    teachers of limited English proficient children.
        ``(b) Duration and Limitation.--
                ``(1) Grant period.--Each grant under this section shall be
            awarded for a period of not more than 5 years.
                ``(2) Limitation.--Not more than 15 percent of the amount
            of the grant may be expended for the purposes described in
    subparagraphs (F) and (G) of subsection (a)(2).
        ``(c) Professional Development Requirements.--
                ``(1) Activities.--A recipient of a grant under this
            section may use the grant funds for the following professional
            development activities:
                        ``(A) Designing and implementing of induction
                    programs for new teachers, including mentoring and
                    coaching by trained teachers, team teaching with
                    experienced teachers, compensation for, and
                    availability of, time for observation of, and
                    consultation with, experienced teachers, and
                    compensation for, and availability of, additional time
                    for course preparation.
                        ``(B) Implementing collaborative efforts among
                    teachers to improve instruction in reading and other
                    core academic areas for students with limited English
                    proficiency, including programs that facilitate teacher
                    observation and analysis of fellow teachers' classroom
                    practice.
                        ``(C) Supporting long-term collaboration among
                    teachers and outside experts to improve instruction of
                    limited English proficient students.
                        ``(D) Coordinating project activities with other
                    programs, such as those under the Head Start Act, and
                    titles I and II of this Act, and titles II and V of the
                    Higher Education Act of 1965.
                        ``(E) Developing curricular materials and
                    assessments for teachers that are aligned with State
                    and local standards and the needs of the limited
                    English proficient students to be served.
                        ``(F) Instructing teachers and, where appropriate,
                    other personnel working with limited English children
                    on how--
                                ``(i) to utilize test results to improve
                            instruction for limited English proficient
                            children so the children can meet the same
                            challenging State content standards and
                            challenging State performance standards as
                            other students; and
                                ``(ii) to help parents understand the
                            results of such assessments.
                        ``(G) Contracting with institutions of higher
                    education to allow them to provide in-service training
                    to teachers, and, where appropriate, other personnel
                    working with limited English proficient children to
                    improve the quality of professional development
                    programs for limited English proficient students.
                        ``(H) Such other activities as are consistent with
                    the purpose of this section.
                ``(2) Additional requirements for professional development
            funds.--Uses of funds received under this section for
            professional development--
                        ``(A) shall advance teacher understanding of
                    effective instructional strategies based on
                    scientifically based research for improving student
                    achievement;
                        ``(B) shall be of sufficient intensity and duration
                    (not to include 1-day or short-term workshops and
                    conferences) to have a positive and lasting impact on
                    teachers' performance in the classroom;
                        ``(C) shall be developed with extensive
                    participation of teachers, principals, parents, and
                    administrators of schools to be served under subparts 1
                    and 2 of part A; and
                        ``(D) as a whole, shall be regularly evaluated for
                    their impact on increased teacher effectiveness and
                    improved student achievement, with the findings of such
                    evaluations used to improve the quality of professional
                    development.
        ``(d) Fellowship Requirements.--
                ``(1) In general.--Any person receiving a fellowship under
            subsection (a)(2)(F) shall agree--
                        ``(A) to work as a teacher of limited English
                    proficient children, or in a program or an activity
                    funded under this part, for a period of time equivalent
                    to the period of time during which the person receives
                    such fellowship; or
                        ``(B) to repay the amount received pursuant to the
                    fellowship award.
                ``(2) Regulations.--The Secretary shall establish in
            regulations such terms and conditions for agreements under
            paragraph (1) as the Secretary deems reasonable and necessary
            and may waive the requirement of such paragraph in
            extraordinary circumstances.
                ``(3) Priority.--In awarding fellowships under this
            section, the Secretary shall give priority to fellowship
            applicants applying for study or dissertation research at
            institutions of higher education that have demonstrated a high
            level of success in placing fellowship recipients into
            employment in elementary and secondary schools.
                ``(4) Information.--The Secretary shall include information
            on the operation and the number of fellowships awarded under
            this section in the evaluation required under section 7303.

    ``SEC. 7133. APPLICATION.

        ``(a) In General.--
                ``(1) Submission to secretary.--In order to receive a grant
            under section 7132, an agency, institution, organization, or
            consortium described in subsection (a)(1) of such section shall
            submit an application to the Secretary at such time, in such
            form, and containing such information as the Secretary may
            require.
                ``(2) Contents.--Each such application shall include--
                        ``(A) a description of the proposed professional
                    development or graduate fellowship programs to be
                    implemented with the grant;
                        ``(B) a description of the scientific research on
                    which the program or programs are based; and
                        ``(C) an assurance that funds will be used to
                    supplement and not supplant other professional
                    development activities that affect the teaching and
    learning in elementary and secondary schools, as appropriate.
        ``(b) Approval.--The Secretary shall only approve an application
    under this section if it meets the requirements of this section and is
    of sufficient quality to meet the purposes of this subpart.
        ``(c) Special Rules.--
                ``(1) Outreach and technical assistance.--The Secretary
            shall provide for outreach and technical assistance to
            institutions of higher education eligible for assistance under
            titles III and V 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 under this subpart.
                ``(2) Distribution.--In making awards under this subpart,
            the Secretary shall ensure adequate representation of Hispanic-
            serving institutions (as defined in section 502 of the Higher
            Education Act of 1965) that demonstrate competence and
            experience in the programs and activities authorized under this
            subpart and are otherwise qualified.

    ``SEC. 7134. PROGRAM EVALUATIONS.

        ``Each recipient of funds under this subpart shall provide the
    Secretary with an evaluation of the program assisted under this subpart
    every 2 years. Such evaluation shall include data on--
                ``(1) post-program placement of persons trained in a
            program assisted under this subpart;
                ``(2) how such 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. 7135. USE OF FUNDS FOR SECOND LANGUAGE COMPETENCE.

        ``Funds received under this subpart may be used to develop any
    program participant's competence in a second language for use in
    instructional programs.

              ``Subpart 3--Research, Evaluation, and Dissemination

    ``SEC. 7141. AUTHORITY.

        ``The Secretary shall conduct and coordinate, through the Office of
    Educational Research and Improvement and in coordination with the
    Office of Educational Services for Limited English Proficient Children,
    research for the purpose of improving language and academic content
    instruction for children who are limited English proficient. Activities
    under this section shall be limited to research to identify successful
    models for teaching limited English proficient children English,
    research to identify successful models for assisting such children to
    meet challenging State content and student performance standards, and
    distribution of research results to States for dissemination to schools
    with populations of students who are limited English proficient.
    Research conducted under this section may not focus solely on any one
    method of instruction.

    ``SEC. 7142. 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 database management and monitoring system
            for improving the operation and effectiveness of federally
            funded bilingual education programs; and
                ``(4) develop, maintain, and disseminate 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.

                ``PART B--EMERGENCY IMMIGRANT EDUCATION PROGRAM

    ``SEC. 7201. 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; and
                ``(3) 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--
                ``(1) to provide high-quality instruction to immigrant
            children and youth; and
                ``(2) to 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. 7202. 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 7204 to pay the costs of performing such agency's
    administrative functions under this part.

    ``SEC. 7203. 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. 7204. 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 2002 through 2006 for the purpose set
    forth in section 7201(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 7207.
                ``(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. 7205. 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 7201(b) and 7207,
            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 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 7204(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 7204(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 section 7204(e) 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. 7206. 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 7205 of the amount of such agency's
    allocation under section 7204 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 7205(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. 7207. 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. 7208. REPORTS.

        ``(a) Biennial Report.--Each State educational agency receiving
    funds under this part shall submit, once every 2 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 2
    years, a report to the appropriate committees of the Congress
    concerning programs assisted under this part in accordance with section
    10501.

    ``SEC. 7209. AUTHORIZATION OF APPROPRIATIONS.

        ``For the purpose of carrying out this part, there are authorized
    to be appropriated $200,000,000 for fiscal year 2002 and such sums as
    may be necessary for each of the 4 succeeding fiscal years.

                          ``PART C--GENERAL PROVISIONS

    ``SEC. 7301. DEFINITIONS.

        ``For purposes of this title:
                ``(1) Children and youth.--The term `children and youth'
            means individuals aged 3 through 21.
                ``(2) 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 a Native Hawaiian or Native
            American Pacific Islander native language educational
            organization.
                ``(3) 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.
                ``(4) Limited english proficient.--The term `limited
            English proficient', when used with reference to an individual,
            means an individual--
                        ``(A) aged 3 through 21;
                        ``(B) who--
                                ``(i) was not born in the United States;
                                ``(ii) comes from an environment where a
                            language other than English is dominant and who
                            normally uses a language other than English;
                                ``(iii) is a Native American or Alaska
                            Native or who is a native resident of the
                            outlying areas and who normally uses a language
                            other than English; or
                                ``(iv) is migratory and whose native
                            language is other than English and who normally
                            uses a language other than English; and
                        ``(C) who has sufficient difficulty speaking,
                    reading, writing, or understanding the English language
                    that the difficulty may deny the individual the
                    opportunity--
                                ``(i) to learn successfully in a classroom
                            where the language of instruction is English;
                            or
                                ``(ii) to participate fully in society.
                ``(5) 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.
                ``(6) 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 5
            years successful experience in providing educational services
            in traditional Native American languages.
                ``(7) Native language.--The term `native language', when
            used with reference to an individual who is limited English
            proficient, means the language normally used by such
            individual.
                ``(8) Outlying area.--The term `outlying area' means any of
            the following:
                        ``(A) The Virgin Islands of the United States.
                        ``(B) Guam.
                        ``(C) American Samoa.
                        ``(D) The Commonwealth of the Northern Mariana
                    Islands.
                ``(9) 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 educational
            programs serving limited English proficient children, special
            education and migrant education.
                ``(10) State.--The term `State' means any of the several
            States, the District of Columbia, the Commonwealth of Puerto
            Rico, or any outlying area.
                ``(11) 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 a school described in
                            section 7113(a) or otherwise to oversee the
                            delivery of educational services to members of
                            the tribe; and
                                ``(ii) approved by the Secretary for the
                            purpose of carrying out programs under subpart
                            1 of part A for individuals served by a school
                            described in section 7113(a).

    ``SEC. 7302. CONSTRUCTION.

        ``Nothing in part A shall be construed--
                ``(1) 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;
                ``(2) as requiring a State or a local educational agency to
            establish, continue, or eliminate a program of native language
            instruction; and
                ``(3) to limit the preservation or use of Native American
            languages as defined in the Native American Languages Act or
            Alaska Native languages.

    ``SEC. 7303. EVALUATION.

        ``(a) In General.--Each eligible entity that receives a subgrant
    from a State or a grant from the Secretary under subpart 1 of part A
    shall provide the Secretary, at the conclusion of every second fiscal
    year during which the subgrant or grant is received, with an
    evaluation, in a form prescribed by the State or the Secretary, of--
                ``(1) the programs and activities conducted by the entity
            with funds received under such subpart during the two
            immediately preceding fiscal years;
                ``(2) the progress made by students in learning the English
            language and meeting challenging State content standards and
            challenging State student performance standards;
                ``(3) the number and percentage of students in the programs
            and activities attaining English language proficiency by the
            end of each school year, as determined by a valid and reliable
            assessment of English proficiency; and
                ``(4) the progress made by students in meeting challenging
            State content and challenging State performance standards for
            each of the 2 years after such students are no longer receiving
            services under this part.
        ``(b) Use of Evaluation.--An evaluation provided by an eligible
    entity under subsection (a) shall be used by the entity and the
    Secretary--
                ``(1) for improvement of programs and activities;
                ``(2) to determine the effectiveness of programs and
            activities in assisting children who are limited English
            proficient to attain English proficiency (as measured
            consistent with subsection (d)) and meet challenging State
            content standards and challenging State student performance
            standards; and
                ``(3) in determining whether or not to continue funding for
            specific programs or projects.
        ``(c) Evaluation Components.--An evaluation provided by an eligible
    entity under subsection (a) shall include--
                ``(1) an evaluation of whether students enrolling in a
            program or activity conducted by the entity with funds received
            under subpart 1 of part A have progressed in attaining English
            proficiency and are meeting challenging State content standards
            and challenging State student performance standards; and
                ``(2) such other information as the State or the Secretary
            may require.
        ``(d) Evaluation Measures.--In prescribing the form of an
    evaluation provided by an entity under subsection (a), a State or the
    Secretary shall approve evaluation measures, as applicable, for use
    under subsection (c) that are designed to assess--
                ``(1) oral language proficiency in kindergarten;
                ``(2) oral language proficiency, including speaking and
            listening skills, in first grade;
                ``(3) both oral language proficiency, including speaking
            and listening skills, and reading and writing proficiency in
            grades 2 and higher; and
                ``(4) attainment of challenging State performance
            standards.

    ``SEC. 7304. LIMITATION ON FEDERAL REGULATIONS.

        ``The Secretary shall issue regulations under this title only to
    the extent that such regulations are necessary to ensure compliance
    with the specific requirements of this title.

    ``SEC. 7305. CIVIL RIGHTS.

        ``Nothing in this title shall be construed in a manner inconsistent
    with any Federal law guaranteeing a civil right.

    ``SEC. 7306. REPORT.

        ``The Secretary shall prepare, and submit to the Committee on
    Education and the Workforce of the House of Representatives and the
    Committee on Health, Education, Labor, and Pensions of the Senate, a
    report on--
                ``(1) the activities carried out part A and the
            effectiveness of such activities in increasing the English
            proficiency of limited English proficient children and helping
            them to meet challenging State content standards and
            challenging State performance standards;
                ``(2) the types of instructional programs used under
            subpart 1 of part A to teach limited English proficient
            children;
                ``(3) the number of programs, if any, which were terminated
            from the program because they were not able to reach program
            goals; and
                ``(4) other information gathered as part of the evaluation
            conducted under section 7303.

    ``SEC. 7307. PROGRAMS FOR NATIVE AMERICANS AND PUERTO RICO.

        ``Programs authorized under subparts 1 and 2 of part A that serve
    Native American children, Native Pacific Island children, and children
    in the Commonwealth of Puerto Rico, notwithstanding any other provision
    of part A may include programs of instruction, teacher training,
    curriculum development, evaluation, and testing designed for Native
    American children learning and studying Native American languages and
    children of limited Spanish proficiency, except that a primary outcome
    of programs serving such children shall be increased English
    proficiency among such children.''.

        TITLE VIII--INDIAN, NATIVE HAWAIIAN, AND ALASKA NATIVE EDUCATION

    SEC. 801. AMENDMENTS.

        Part A of title IX (20 U.S.C. 7801 et seq.) is amended--
                (1) in section 9125(e), by striking ``1995 through 1999''
            and inserting ``2002 through 2006''; and
                (2) in section 9162--
                        (A) by striking ``1995'' each place it appears and
                    inserting ``2002''; and
                        (B) by striking ``$61,300,000'', ``$26,000,000'',
                    and ``$3,775,000'' and inserting ``$250,000,000'',
                    $30,000,000'', and ``$8,000,000'', respectively.

    SEC. 802. NATIVE HAWAIIAN EDUCATION.

        Sections 9204(j), 9205(c), 9206(e), 9208(c), 9209(d), and 9210(d)
    are each amended by striking ``1995'' and inserting ``2002''.

    SEC. 803. ALASKA NATIVE EDUCATION.

        Part C of title IX (20 U.S.C. 7931 et seq.) is amended--
                (1) by repealing sections 9304 through 9306 and inserting
            the following:

    ``SEC. 9304. PROGRAM AUTHORIZED.

        ``(a) General Authority.--
                ``(1) Program authorized.--The Secretary is authorized to
            make grants to, or enter into contracts with, Alaska Native
            organizations, educational entities with experience in
            developing or operating Alaska Native programs or programs of
            instruction conducted in Alaska Native languages, and consortia
            of such organizations and entities to carry out programs that
            meet the purpose of this part.
                ``(2) Permissible activities.--Programs under this part may
            include--
                        ``(A) the development and implementation of plans,
                    methods, and strategies to improve the education of
                    Alaska Natives;
                        ``(B) the development of curricula and educational
                    programs that address the educational needs of Alaska
                    Native students, including--
                                ``(i) curriculum materials that reflect the
                            cultural diversity or the contributions of
                            Alaska Natives;
                                ``(ii) instructional programs that make use
                            of Native Alaskan languages; and
                                ``(iii) networks that introduce successful
                            programs, materials, and techniques to urban
                            and rural schools;
                        ``(C) professional development activities for
                    educators, including--
                                ``(i) programs to prepare teachers to
                            address the cultural diversity and unique needs
                            of Alaska Native students;
                                ``(ii) in-service programs to improve the
                            ability of teachers to meet the unique needs of
                            Alaska Native students; and
                                ``(iii) recruiting and preparing teachers
                            who are Alaska Natives, reside in communities
                            with high concentrations of Alaska Native
                            students, or are likely to succeed as teachers
                            in isolated, rural communities and engage in
                            cross-cultural instruction;
                        ``(D) the development and operation of home
                    instruction programs for Alaska Native preschool
                    children, the purpose of which is to ensure the active
                    involvement of parents in their children's education
                    from the earliest ages;
                        ``(E) family Literacy Services;
                        ``(F) the development and operation of student
                    enrichment programs in science and mathematics that--
                                ``(i) are designed to prepare Alaska Native
                            students from rural areas, who are preparing to
                            enter high school, to excel in science and
                            math; and
                                ``(ii) provide appropriate support services
                            to the families of such students that are
                            needed to enable such students to benefit from
                            the program;
                        ``(G) research and data collection activities to
                    determine the educational status and needs of Alaska
                    Native children and adults;
                        ``(H) other research and evaluation activities
                    related to programs under this part; and
                        ``(I) other activities, consistent with the
                    purposes of this part, to meet the educational needs of
                    Alaska Native children and adults.
                ``(3) Home instruction programs.--Home instruction programs
            for Alaska Native preschool children under paragraph (2)(D) may
            include--
                        ``(A) programs for parents and their infants, from
                    prenatal through age 3;
                        ``(B) preschool programs; and
                        ``(C) training, education, and support for parents
                    in such areas as reading readiness, observation, story-
                    telling, and critical thinking.
        ``(b) Limitation on Administrative Costs.--Not more than 5 percent
    of funds provided to a grantee under this section for any fiscal year
    may be used for administrative purposes.
        ``(c) Authorization of Appropriations.--There are authorized to be
    appropriated $20,000,000 for fiscal year 2002, and such sums as may be
    necessary for each of the fiscal years 2003 through 2006 to carry out
    this part.'';
                (2) in section 9307--
                        (A) by amending subsection (b) to read as follows:
        ``(b) Applications.--State and local educational agencies may apply
    for an award under this part only as part of a consortium involving an
    Alaska Native organization. This consortium may include other eligible
    applicants.'';
                        (B) by amending subsection (d) to read as follows:
        ``(d) Local Educational Agency Coordination.--Each applicant for an
    award under this part shall inform each local educational agency
    serving students who would participate in the project about its
    application.''; and
                        (C) by striking subsection (e); and
                (3) by redesignating sections 9307 and 9308 as sections
            9305 and 9306, respectively.

                          TITLE IX--GENERAL PROVISIONS

    SEC. 901. GENERAL PROVISIONS.

        Title XIV is redesignated as title X and is amended to read as
    follows:

                         ``TITLE X--GENERAL PROVISIONS

                             ``PART A--DEFINITIONS

    ``SEC. 10001. 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 10404.
                ``(6) Consolidated local plan.--The term `consolidated
            local plan' means a plan submitted by a local educational
            agency pursuant to section 10404.
                ``(7) Consolidated state application.--The term
            `consolidated State application' means an application submitted
            by a State educational agency pursuant to section 10402.
                ``(8) Consolidated state plan.--The term `consolidated
            State plan' means a plan submitted by a State educational
            agency pursuant to section 10402.
                ``(9) Core academic subjects.--The term `core academic
            subjects' means--
                        ``(A) mathematics;
                        ``(B) science;
                        ``(C) reading (or language arts) and English;
                        ``(D) social studies (history, civics/government,
                    geography, and economics);
                        ``(E) foreign languages; and
                        ``(F) fine arts (music, dance, drama, and the
                    visual arts).
                ``(10) County.--The term `county' means 1 of the divisions
            of a State used by the Secretary of Commerce in compiling and
            reporting data regarding counties.
                ``(11) 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
                    D);
                        ``(D) subpart 2 of part B of title III;
                        ``(E) part A of title IV (other than section 4114);
                        ``(F) title VI; and
                        ``(G) Comprehensive School Reform.
                ``(12) Current expenditures.--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.
                ``(13) Department.--The term `Department' means the
            Department of Education.
                ``(14) 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.
                ``(15) Elementary school.--The term `elementary school'
            means a nonprofit institutional day or residential school,
            including a public elementary charter school, that provides
            elementary education, as determined under State law.
                ``(16) 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.
                ``(17) Fully qualified.--The term `fully qualified'--
                        ``(A) when used with respect to an elementary or
                    secondary school teacher, means that the teacher has
                    obtained certification or passed the State licensing
                    exam and holds a license; and
                        ``(B) when used with respect to--
                                ``(i) an elementary school teacher, means
                            that the teacher holds a bachelor's degree and
                            demonstrates general knowledge, teaching skill,
                            and subject matter knowledge required to teach
                            at the elementary school level in the core
                            academic subjects; or
                                ``(ii) a middle or secondary school
                            teacher, means that the teacher holds a
                            bachelor's degree and demonstrates a high level
                            of competency in all subject areas in which he
                            or she teaches through--
                                        ``(I) a high level of performance
                                    on a rigorous academic subject area
                                    test; or
                                        ``(II) completion of an academic
                                    major in each of the subject areas in
                                    which he or she provides instruction.
                ``(18) 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.
                ``(19) Institution of higher education.--The term
            `institution of higher education' has the meaning given that
            term in section 101 of the Higher Education Act of 1965.
                ``(20) 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 local educational agencies 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.
                ``(21) Mentoring.--The term `mentoring' means a program in
            which an adult works with a child or youth on a 1-to-1 basis,
            establishing a supportive relationship, providing academic
            assistance, and introducing the child or youth to new
            experiences that enhance the child or youths ability to excel
            in school and become a responsible citizen.
                ``(22) Other staff.--The term `other staff' means pupil
            services personnel, librarians, career guidance and counseling
            personnel, education aides, and other instructional and
            administrative personnel.
                ``(23) 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.
                ``(24) Parent.--The term `parent' includes a legal guardian
            or other person standing in loco parentis.
                ``(25) Poverty line.--The term `poverty line' is defined as
            such term is defined by the Office of Management and Budget and
            revised annually in accordance with section 672(2) of the
            Community Services Block Grant Act (42 U.S.C. 9902(2)).
                ``(26) Professional development.--The term `professional
            development' means sustained and intensive activities that
            improve teachers' content knowledge and teaching skills and
            that--
                        ``(A) enhance the ability of teachers to help all
                    students, including females, minorities, children with
                    disabilities, children with limited English proficiency
                    and economically disadvantaged children, reach high
                    State and local content and student performance
                    standards;
                        ``(B) advance teacher understanding of one or more
                    of the core academic subject areas and effective
                    instructional strategies for improving student
                    achievement in those areas, including technology;
                        ``(C) are directly related to the subject area in
                    which the teacher provides instruction;
                        ``(D) are of sufficient duration to have a positive
                    and lasting impact on classroom instruction;
                        ``(E) are an integral part of broader school and
                    district-wide plans for raising student achievement to
                    State and local standards;
                        ``(F) are aligned with State content and student
                    performance standards;
                        ``(G) are based on the best available research on
                    teaching and learning;
                        ``(H) include professional development activities
                    that involve collaborative groups of teachers and
                    administrators from the same school or district and, to
                    the greatest extent possible, include follow-up and
                    school-based support such as coaching or study groups;
                    and
                        ``(I) as a whole, are regularly evaluated for their
                    impact on increased teacher effectiveness and improved
                    student achievement, with the findings of such
                    evaluations used to improve the quality of professional
                    development.
                ``(27) 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.
                ``(28) 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.
                ``(29) Scientifically based research.--The term
            `scientifically based research'--
                        ``(A) means the application of rigorous,
                    systematic, and objective procedures in the development
                    of comprehensive school reform models; and
                        ``(B) shall include research that--
                                ``(i) employs systematic, empirical methods
                            that draw on observation or experiment;
                                ``(ii) involves rigorous data analyses that
                            are adequate to test the stated hypotheses and
                            justify the general conclusions drawn;
                                ``(iii) relies on measurements or
                            observational methods that provide valid data
                            across evaluators and observers and across
                            multiple measurements and observations; and
                                ``(iv) has been accepted by a peer-reviewed
                            journal or approved by a panel of independent
                            experts through a comparably rigorous,
                            objective, and scientific review.
                ``(30) Secondary school.--The term `secondary school' means
            a nonprofit institutional day or residential school, including
            a public secondary charter school, that provides secondary
            education, as determined under State law, except that such term
            does not include any education beyond grade 12.
                ``(31) Secretary.--The term `Secretary' means the Secretary
            of Education.
                ``(32) 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.
                ``(33) State educational agency.--The term `State
            educational agency' means the agency primarily responsible for
            the State supervision of public elementary and secondary
            schools.
                ``(34) 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 CDROM disks, video and
            audio tapes, including interactive forms of such products and
            services, or other technologies.

    ``SEC. 10002. APPLICABILITY OF THIS TITLE.

        ``Parts B, C, D, E, and F of this title do not apply to title VIII
    of this Act.

    ``SEC. 10003. 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. 10101. 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--
                        ``(A) programs under title I and those programs
                    described in subparagraphs (C), (D), (E), (F), and (G)
                    of section 10101(10);
                        ``(B) the Carl D. Perkins Vocational and Technical
                    Education Act of 1998; and
                        ``(C) such other programs as the Secretary may
                    designate.
        ``(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 the 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) State-level activities designed to carry out
                    this title, including part B;
                        ``(B) the coordination of those programs with other
                    Federal and non-Federal programs;
                        ``(C) the establishment and operation of peer-
                    review mechanisms under this Act;
                        ``(D) collaborative activities with other State
                    educational agencies to improve administration under
                    this Act;
                        ``(E) the dissemination of information regarding
                    model programs and practices;
                        ``(F) technical assistance under the programs
                    specified in subsection (a)(2);
                        ``(G) training personnel engaged in audit and other
                    monitoring activities; and
                        ``(H) implementation of the Cooperative Audit
                    Resolution and Oversight Initiative.
        ``(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).

    ``SEC. 10102. 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. 10103. 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.--Each State educational agency shall, in
    collaboration with local educational agencies in the State, implement
    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 10201(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. 10104. 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 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 departments costs related to the administration of the funds
    transferred under this section.

    ``SEC. 10105. MOST EFFECTIVE USE OF 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 title I) would be more effective in
    helping all its students achieve the State's challenging standards if
    used under another covered program, may use those funds, not to exceed
    5 percent of the local educational agency's total allotment for that
    fiscal year, to carry out programs and activities under that other
    covered program.

    ``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL PLANS
                                AND APPLICATIONS

    ``SEC. 10201. 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. 10202. OPTIONAL CONSOLIDATED STATE PLANS AND APPLICATIONS.

        ``(a) In General.--
                ``(1) Purpose and authority.--In order to promote
            continuing, standards-based education reform, encourage the
            integration and coordination of resources, and simplify
            application requirements and reduce 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 meeting the requirements of this
            section for any or all of--
                        ``(A) 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--
                        ``(A) the Even Start program under part B of title
                    I;
                        ``(B) the State Agency Programs for Children and
                    Youth Who Are Neglected or Delinquent under part D of
                    title I;
                        ``(C) programs under part A of title II of the Carl
                    D. Perkins Vocational and Technical Education Act of
                    1998; and
                        ``(D) such other programs as the Secretary may
                    designate.
                ``(3) State development and submission.--
                        ``(A) A State educational agency desiring to
                    receive a grant under 2 or more of the programs to
                    which this section applies may submit a consolidated
                    State plan for those programs that satisfies the
                    procedures and criteria established under this section.
                        ``(B) A State educational agency that submits a
                    consolidated State plan shall not be required to submit
                    separate State plans or applications for the programs
                    included in the consolidated State plan.
                        ``(C) A State educational agency that submits a
                    consolidated State plan shall comply with all the
                    requirements applicable to the programs in the
                    consolidated State plan as if it had submitted separate
                    State plans.
                ``(4) Consolidated state plans.--A State educational agency
            that desires to receive funds under a program to which this
            section applies for fiscal year 2002 and the succeeding 4
            fiscal years shall submit to the Secretary a new consolidated
            plan that meets the requirements of this section within the
            time specified by the Secretary.
        ``(b) Plan Contents.--
                ``(1) Collaborative process.--
                        ``(A) 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.
                        ``(B)(i) Through the collaborative process
                    described in subparagraph (A), the Secretary shall
                    establish, for each program under the Act to which this
                    section applies, the descriptions and information that
                    must be included in a consolidated State plan.
                        ``(ii) In carrying out clause (i), the Secretary
                    shall ensure that a consolidated State plan contains,
                    for each program included in the plan, the descriptions
                    and information needed to ensure proper and effective
                    administration of that program in accordance with its
                    purposes.
                ``(2) Integration and coordination of resources.--In its
            consolidated plan under this section, a State educational
            agency shall describe how--
                        ``(A) funds under the programs included in the plan
                    will be integrated as appropriate to best serve the
                    students and teachers intended to benefit from those
                    programs; and
                        ``(B) those programs will be coordinated at the
                    State, school district, and school levels with other
                    covered programs not included in the plan.
        ``(c) Peer Review and Secretarial Approval.--
                ``(1) The Secretary shall--
                        ``(A) establish a peer-review process to assist in
                    the review, and provide recommendations for the
                    revision, of consolidated State plans under this
                    section; and
                        ``(B) appoint individuals to the peer-review
                    process who--
                                ``(i) are knowledgeable about the programs,
                            and the populations they serve, included in the
                            plans;
                                ``(ii) to the extent practicable are
                            representative of State educational agencies,
                            local educational agencies, teachers, and
                            parents of students served under those
                            programs; and
                                ``(iii) have expertise on educational
                            standards, assessments, and accountability.
                ``(2)(A) Following such peer review, the Secretary shall
            approve a consolidated State plan if the Secretary determines
            that the plan meets the requirements of this section.
                ``(B) The Secretary may accompany such approval with one or
            more conditions that the State educational agency shall meet.
                ``(3) If the Secretary determines that the plan does not
            meet the requirements of this section, the Secretary shall
            notify the State of that determination and the reasons for it.
                ``(4) The Secretary shall not finally disapprove a
            consolidated State plan before--
                        ``(A) offering the State an opportunity to revise
                    its plan;
                        ``(B) providing technical assistance to assist the
                    State to meet the requirements; and
                        ``(C) providing a hearing.
        ``(d) Revision and Amendment.--A State educational agency shall
    periodically review its consolidated State plan to ensure that it
    accurately reflects its strategies and activities under the programs
    covered by the plan. If the State educational agency makes significant
    changes to its strategies and activities, it shall submit an amendment
    to its plan to the Secretary for approval in accordance with this
    section.

    ``SEC. 10203. 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 10302, 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 monitor performance by local
            educational agencies to ensure compliance with the requirements
            of this Act and--
                        ``(A) maintain proper documentation of monitoring
                    activities;
                        ``(B) provide technical assistance when appropriate
                    and undertake enforcement activities when needed; and
                        ``(C) systematically analyze the results of audits
                    and other monitoring activities to identify trends in
                    funding and to develop strategies to correct problems;
                ``(5) the data used by the State to measure its performance
            (and that of its local educational agencies) under this Act are
            complete, reliable, accurate, or if not, that the State will
            take such steps as are necessary to make those data complete,
    reliable, and accurate.
                ``(6) the State will cooperate in carrying out any
            evaluation of each such program conducted by or for the
            Secretary or other Federal officials;
                ``(7) 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;
                ``(8) 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
                ``(9) 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. 10204. CONSOLIDATED LOCAL PLANS OR APPLICATIONS.

        ``(a) General Authority.--A local educational agency receiving
    funds under more than 1 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 10302 may require local
    educational agencies in the State receiving funds under more than 1
    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. 10205. OTHER GENERAL ASSURANCES.

        ``(a) Assurances.--Any applicant other than a State educational
    agency that submits a plan or application under this Act 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.

                               ``PART D--WAIVERS

    ``SEC. 10301. 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 10502; or
                        ``(B) use of funds for religious worship or
                    instruction in section 10507.
        ``(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 3 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 the Workforce of the House of
            Representatives and the Committee on Health, Education, Labor
            and Pensions of the Senate an annual 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. 10401. 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. 10402. 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. 10403. 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;
                        ``(C) title VII;
                        ``(D) title III; 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 childrens' 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. 10404. 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 10503, 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 10503, 10505, and 10506.

    ``SEC. 10405. 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 10503 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. 10406. BY-PASS DETERMINATION PROCESS.

        ``(a) Review.--
                ``(1) In general.--
                        ``(A) The Secretary shall not take any final action
                    under section 10504 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, 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.
                        ``(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 10503 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
    the enactment of the Excellence and Accountability in Education Act
    shall remain in effect to the extent the Secretary determines that such
    determination is consistent with the purpose of this section.

    ``SEC. 10407. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP OR
                  INSTRUCTION AND VOUCHERIZED ASSISTANCE.

        ``(a) Nothing contained in this Act shall be construed to authorize
    the making of any payment under this Act for religious worship or
    instruction.
        ``(b) Notwithstanding any other provision of this Act, no services
    under this Act may be provided through voucher or certificate.

    ``SEC. 10408. APPLICABILITY TO HOME SCHOOLS.

        ``Nothing in this Act shall be construed to affect home schools.

    ``SEC. 10409. 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. 10410. 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. 10411. 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;
                ``(2) to distribute or to aid in the distribution by any
            organization of legally obscene materials to minors on school
            grounds;
                ``(3) to purchase unsafe needles;
                ``(4) to provide sex education or HIV prevention education
            in schools unless such instruction is age appropriate and
            includes the health benefits of abstinence; or
                ``(5) 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 school's 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. 10412. 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 schools 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. 10413. REPORT.

        ``The Secretary shall report to the Congress not later than 180
    days after the date of the enactment of the Excellence and
    Accountability in Education Act 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
    Excellence and Accountability in Education Act, particularly with
    respect to permitting children with similar educational needs to be
    served in the same educational settings, where appropriate.

    ``SEC. 10414. 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.

    ``SEC. 10415. PRIVACY FOR STUDENTS.

        ``(a) In General.--No State educational agency or local educational
    agency that receives funds under this Act may enter into an agreement,
    or allow a school under its supervision to enter into an agreement,
    with any person or entity that allows such person or entity to monitor,
    gather, or obtain information used to advertise, sell, or develop a
    product from any student under 18 years of age unless such agreement
    requires the written permission of the parent of such student prior to
    monitoring, gathering, or obtaining such information.
        ``(b) Nature of Information Collected.--Before a school, local
    educational agency, or State educational agency, as the case may be,
    enters into an agreement to allow a person or entity to monitor,
    gather, or obtain information used to advertise, sell, or develop a
    product from any student under 18 years, the school, agency, or State
    shall ascertain the nature of the information to be collected, how the
    information will be used, if the information will be sold, distributed,
    or transferred to any person or entity, and the amount of class time,
    if any, that will be consumed by such activity.
        ``(c) Consent Form.--The written permission required by subsection
    (a) shall clearly disclose to the parent the nature of the agreement
    between a school, local educational agency, or State educational
    agency, as the case may be, and the person or entity, including--
                ``(1) the dollar amount of any consideration paid under the
            agreement;
                ``(2) the nature of the information to be gathered;
                ``(3) how the information will be used;
                ``(4) whether the information will be sold, distributed, or
            transferred to any other entity; and
                ``(5) the amount of class time, if any, that will be
            consumed by such activity.
        ``(d) Exceptions.--This section shall not apply to--
                ``(1) the recruitment activities of any institution of
            higher education, as such term is defined in section 102 of the
            Higher Education Act of 1965;
                ``(2) the development and administration of tests and
            assessments used by elementary and secondary schools to provide
            cognitive, evaluative, diagnostic, aptitude, or achievement
            information about students (or for normalizing data), and the
            subsequent analysis and public release of aggregate data, if--
                        ``(A) the information is not used to sell,
                    advertise, or develop another product; and
                        ``(B) the tests are conducted in accordance with
                    applicable Federal, State, and local policies;
                ``(3) the development and administration of educational
            curriculum and instructional materials used by elementary and
            secondary schools to teach core academic subjects, if--
                        ``(A) the information is not used to sell,
                    advertise, or develop another product; and
                        ``(B) the curriculum and instructional materials
                    are used in accordance with applicable Federal, State,
                    and local policies; or
                ``(4) contact information collected from a student that is
            used only to respond directly to a specific request from the
            student for a transaction, if the information--
                        ``(A) is not used for any purpose other than as
                    required in order to effect the transaction with the
                    student; and
                        ``(B) is not used to recontact the student in order
                    to advertise, sell, or develop any other product or
                    service to the student.

                             ``PART F--EVALUATIONS

    ``SEC. 10501. 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 Evaluation.--The Secretary shall use funds reserved
    under subsection (a) to conduct independent studies of programs under
    this Act and the effectiveness of those programs in achieving their
    purposes, to determine whether those programs (or the administration of
    those programs) are--
                ``(1) contributing to improved student academic
            performance;
                ``(2) supporting the development of challenging standards
            and aligned assessments that guide other elements of school
            reform, including teacher certification, curriculum frameworks,
            instruction, and professional development;
                ``(3) assisting efforts in schools and classrooms to
            improve teaching and the climate for learning, particularly in
            high-poverty schools, including efforts related to technology,
            professional development, school violence and drug prevention,
            and public school choice;
                ``(4) promoting flexibility with accountability;
                ``(5) supporting efforts to strengthen family and community
            involvement in education;
                ``(6) targeting their resources effectively;
                ``(7) contributing to reform efforts and continuous
            improvement; and
                ``(8) achieving other goals consistent with the purposes of
            this Act.
        ``(c) Independent Panel.--The Secretary shall establish an
    independent panel to review studies under subsection (b) to advise the
    Secretary on their progress, and to comment, if the panel chooses, on
    the final report described in subsection (d).
        ``(d) Reports.--The Secretary shall submit an interim report on the
    evaluation described in subsection (b) not later than 3 years after the
    date of the enactment of the Excellence and Accountability in Education
    Act and a final report not later than 4 years after such date to the
    Committee on Education and the Workforce of the House of
    Representatives and to the Committee on Health, Education, Labor, and
    Pensions of the Senate.
        ``(e) Partnerships to Strengthen Performance Information for
    Improvement.--The Secretary may provide technical assistance to
    recipients of assistance under this Act in order to strengthen the
    collection and assessment of information relating to program
    performance and quality assurance at the State and local levels. Such
    technical assistance shall be designed to promote the development,
    measurement, use, and reporting of data on valid, reliable, timely, and
    consistent performance indicators, within and across programs, and may
    include one-time grants, from funds reserved under subsection (a), to
    recipients to develop their data systems with the goal of helping
    recipients make continuous program improvement.

    ``SEC. 10502. PERFORMANCE MEASURES.

        ``(a) In General.--The Secretary is authorized to establish
    performance indicators, benchmarks, and targets for each program under
    this Act and subtitle B of title VII of the Stewart B. McKinney
    Homeless Assistance Act, to assist in measuring program performance.
    Indicators, benchmarks, and targets under this section shall be
    consistent with the Government Performance and Results Act of 1993 (and
    strategic plans adopted by the Secretary under that Act).
        ``(b) Collaboration.--The Secretary shall collaborate with State
    educational agencies, local educational agencies, and other recipients
    under this Act in establishing performance indicators, benchmarks, and
    targets under this section.
        ``(c) Plans and Applications.--The Secretary may require any
    applicant for funds under this Act or subtitle B of title VII of the
    Stewart B. McKinney Homeless Assistance Act to--
                ``(1) include in its plan or application information
            relating to how it will use performance indicators, benchmarks,
            and targets under this section to improve its program
            performance; and
                ``(2) report data relating to such performance indicators,
            benchmarks, and targets to the Secretary.

                          ``PART G--SENSE OF CONGRESS

    ``SEC. 10601. 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.

                          ``PART H--DROPOUT PREVENTION

    ``SEC. 10701. DROPOUT PREVENTION.

        ``In order to receive any assistance under this Act, a State
    educational agency shall comply with the following provisions regarding
    school dropouts:
                ``(1) Uniform data collection.--Within 1 year after the
            date of the enactment of the Excellence and Accountability in
            Education Act, a State educational agency shall report to the
            Secretary and statewide, all school district and school data
            regarding school dropout rates in the State, and demographic
            breakdowns, according to procedures that conform with the
            National Center for Education Statistics' Common Core of Data.
                ``(2) Attendance-neutral funding policies.--Within 2 years
            after the date of the enactment of the Excellence and
            Accountability in Education Act, a State educational agency
            shall develop and implement education funding formula policies
            for public schools that provide appropriate incentives to
            retain students in school throughout the school year, such as--
                        ``(A) a student count methodology that does not
                    determine annual budgets based on attendance on a
                    single day early in the academic year; and
                        ``(B) specific incentives for retaining enrolled
                    students throughout each year.
                ``(3) Suspension and expulsion policies.--Within 2 years
            after the date of the enactment of the Excellence and
            Accountability in Education Act, a State educational agency
            shall develop uniform, long-term suspension and expulsion
            policies for serious infractions resulting in more than 10 days
            of exclusion from school per academic year so that similar
            violations result in similar penalties.''.

                        TITLE X--REPEALS; EFFECTIVE DATE

    SEC. 1001. REPEALS; EFFECTIVE DATE.

        (a) Repeal of School Facilities Infrastructure Improvement Act and
    Support and Assistance Programs To Improve Education.--Title XII and
    XIII are repealed.
        (b) Effective Date.--This Act and the amendments made by this Act
    shall take effect on October 1, 2001, or the date of the enactment of
    this Act, whichever occurs later.

                       TITLE XI--AMENDMENTS TO OTHER ACTS

    SEC. 1101. AMENDMENTS TO EDUCATION AMENDMENTS OF 1978.

        Part B of title XI of the Education Amendments of 1978 (25 U.S.C.
    2001 et seq.) is amended--
                (1) in section 1121--
                        (A) by inserting ``accreditation and'' before
                    ``standards'' in the heading;
                        (B) by striking subsections (a) through (g) of
                    section 1121 and inserting the following:
        ``(a) Purpose; Declarations of Purposes.--
                ``(1) Purpose.--The purpose of the standards implemented
            under this section shall be to afford Indian students being
            served by a school funded by the Bureau of Indian Affairs the
            same opportunities as all other students in the United States
            to achieve the same challenging State performance standards
            expected of all students.
                ``(2) Declarations of purposes.--Local school boards for
            schools operated by the Bureau of Indian Affairs, in
            cooperation and consultation with their tribal governing bodies
            and their communities, are encouraged to adopt declarations of
            purposes of education for their communities taking into account
            the implications of such purposes on education in their
            communities and for their schools. In adopting such
            declarations of purpose, the school boards shall consider the
            effect those declarations may have on the motivation of
            students and faculties. Such declarations shall represent the
            aspirations of the community for the kinds of people the
            community would like its children to become, and shall include
            assurances that all learners will become accomplished in things
            and ways important to them 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. These
            declarations of purpose shall influence the standards for
            accreditation to be accepted by the schools.
        ``(b) Studies and Surveys Relating to Standards.--Not later than 1
    year after the date of the enactment of the Excellence and
    Accountability in Education Act, the Secretary, in consultation with
    the Secretary of Education, consortia of education organizations, and
    Indian organizations and tribes, and making the fullest use possible of
    other existing studies, surveys, and plans, shall carry out by contract
    with an Indian organization, studies and surveys 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) Revision of Minimum Academic Standards.--
                ``(1) In general.--Not later than 2 years after the date of
            the enactment of the Excellence and Accountability in Education
            Act, the Secretary shall--
                        ``(A) propose revisions to the minimum academic
                    standards published in the Federal Register on
                    September 9, 1995 (50 Fed. Reg. 174) for the basic
    education of Indian children attending Bureau funded schools in
    accordance with the purpose described in subsection (a) and the
    findings of the studies and surveys conducted under subsection (b);
                        ``(B) publish such proposed revisions to such
                    standards in the Federal Register for the purpose of
                    receiving comments from the tribes, tribal school
                    boards, Bureau funded schools, and other interested
                    parties; and
                        ``(C) consistent with the provisions of this
                    section and section 1131, take such actions as are
                    necessary to coordinate standards implemented under
                    this section with the Comprehensive School Reform Plan
                    developed by the Bureau and--
                                ``(i) with the standards of the improvement
                            plans for the States in which any school
                            operated by the Bureau of Indian Affairs is
                            located; or
                                ``(ii) in the case where schools operated
                            by the Bureau are within the boundaries of
                            reservation land of 1 tribe but within the
                            boundaries of more than 1 State, with the
                            standards of the State improvement plan of 1
                            such State selected by the tribe.
                ``(2) Further revisions.--Not later than 180 days after the
            close of the comment period, the Secretary shall establish
            final standards, distribute such standards to all tribes and
            publish such final standards in the Federal Register. The
            Secretary shall revise such 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.
                ``(3) Applicability of standards.--Except as provided in
            subsection (e), the final standards published under paragraph
            (2) shall apply to all Bureau funded schools not accredited
            under subsection (f), and may also serve as a model for
            educational programs for Indian children in public schools.
                ``(4) Considerations when establishing and revising
            standards.--In establishing and revising such standards, the
            Secretary shall take into account the unique needs of Indian
            students and support and reinforcement of the specific cultural
            heritage of each tribe.
        ``(d) Alternative or Modified Standards.--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 are in compliance with the minimum accreditation
    standards required for schools in the State or region where the school
    is located.
        ``(e) Waiver of Standards; Alternative Standards.--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) if such
    standards are deemed by such body to be inappropriate. The tribal
    governing body or designated school board shall, not later than 60 days
    after a waiver under this subsection, submit to the Secretary a
    proposal for alternative standards that take into account the specific
    needs of the tribe's children. Such alternative 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 not subject to review.
        ``(f) Accreditation and Implementation of Standards.--
                ``(1) Deadline for meeting standards.--Not later the second
            academic year after publication of the standards, to the extent
            necessary funding is provided, all Bureau funded schools shall
            meet the standards established under subsections (c) and (d) or
            shall be accredited--
                        ``(A) by a tribal accrediting body, if the
                    accreditation standards of the tribal accrediting body
                    have been accepted by formal action of the tribal
                    governing body and are equal to or exceed the
                    accreditation standards of the State or region in which
                    the school is located;
                        ``(B) by a regional accreditation agency; or
                        ``(C) by State accreditation standards for the
                    State in which it is located.
                ``(2) Determination of standards to be applied.--The
            accreditation type or standards applied for each school shall
            be determined by the school board of the school, in
            consultation with the Administrator of the school, provided
            that in the case where the School Board and the Administrator
            fail to agree on the type of accreditation and standards to
            apply, the decision of the school board with the approval of
            the tribal governing body shall be final.
                ``(3) Assistance to school boards.--The Secretary, through
            contracts and grants, shall assist school boards of contract or
            grant schools in 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.
                ``(4) Fiscal control and fund accounting standards.--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 and grant schools. Such standards shall provide data
            comparable to those used by Bureau operated schools.
        ``(g) Annual Plan for Meeting of Standards.--Except as provided in
    subsections (e) and (f), the Secretary shall begin to implement the
    standards established under this section immediately upon the date of
    their establishment. On an annual basis, the Secretary shall submit to
    the appropriate committees of Congress, all Bureau funded schools, and
    the tribal governing bodies of such schools 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 timelines for
    bringing each school up to the level required by such standards.''; and
                        (C) by adding at the end the following:
        ``(m) Statutory Construction.--Nothing in this section shall be
    read so as to preclude the expansion of grades and related facilities
    at a Bureau funded school where such expansion and the maintenance of
    such expansion is occasioned or paid for with non-Bureau funds.
        ``(n) General Use of Funds.--Funds received by Bureau funded
    schools from the Bureau of Indian Affairs and under any program from
    the Department of Education or any other Federal agency for the purpose
    of providing education or related services may be used for schoolwide
    projects to improve the educational program for all Indian students.
        ``(o) Study on Adequacy of Funds and Formulas.--The Comptroller
    General of the United States shall conduct a study, in consultation
    with Indian tribes and local school boards, to determine the adequacy
    of funding, and formulas used by the Bureau to determine funding, for
    programs operated by Bureau funded schools, taking into account unique
    circumstances applicable to Bureau funded schools, as well as
    expenditures for comparable purposes in public schools nationally. Upon
    completion of the study, the Secretary of the Interior shall take such
    action as necessary to ensure distribution of the findings of the study
    to all affected Indian tribes, local school boards, and associations of
    local school boards.'';
                (2) by striking section 1122 and inserting the following:

    ``SEC. 1122. NATIONAL CRITERIA FOR HOME LIVING SITUATIONS.

        ``(a) In General.--The Secretary, in consultation with the
    Secretary of Education, Indian organizations and tribes, and Bureau
    funded schools, shall revise the national standards for home-living
    (dormitory) situations to include such factors as heating, lighting,
    cooling, adult-child ratios, needs for counselors (including special
    needs related to off-reservation home-living (dormitory) situations),
    therapeutic programs, space, and privacy. Such standards shall be
    implemented in Bureau operated schools, and shall serve as minimum
    standards for contract or grant schools.
        ``(b) Implementation.--The Secretary shall implement the revised
    standards established under this section immediately upon their
    completion.
        ``(c) Plan.--At the time of each annual budget submission for
    Bureau educational services is presented, the Secretary shall submit to
    the appropriate committees of Congress, the tribes, and the affected
    schools, and publish in the Federal Register, a detailed plan to bring
    all Bureau funded schools that provide home-living (dormitory)
    situations up to the standards established under this section. Such
    plan shall include a statement of the relative needs of each Bureau
    funded home-living (dormitory) school, projected future needs of each
    Bureau funded home-living (dormitory) school, detailed information on
    the status of each school in relation to the standards established
    under this section, specific cost estimates for meeting each standard
    for each such school, aggregate cost estimates for bringing all such
    schools into compliance with the criteria established under this
    section, and specific timelines for bringing each school into
    compliance with such standards.
        ``(d) Waiver.--The criteria established under this section may be
    waived in the same manner as the standards provided under section
    1121(e) may be waived.
        ``(e) Closure for Failure To Meet Standards Prohibited.--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 striking sections 1124 and 1125 and inserting the
            following:

    ``SEC. 1124. SCHOOL BOUNDARIES.

        ``(a) Establishment by Secretary.--The Secretary shall establish,
    by regulation, separate geographical attendance areas for each Bureau
    funded school.
        ``(b) Establishment by Tribal Body.----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) Boundary Revisions.--
                ``(1) In general.--On or after the date of the enactment of
            the Excellence and Accountability in Education Act, no
            geographical attendance area shall be revised 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 afforded--
                        ``(A) at least 180 days notice of the intention of
                    the Bureau to revise or establish such attendance area;
                    and
                        ``(B) 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. The Secretary shall
            cause such revisions to be published in the Federal Register.
                ``(2) Tribal resolution determination.--Nothing in this
            section shall be interpreted as denying a tribal governing body
            the authority, on a continuing basis, to adopt a tribal
            resolution allowing parents the choice of the Bureau funded
            school their children may attend, regardless of the attendance
            boundaries established under this section.
        ``(d) Funding Restrictions.--The Secretary shall not deny funding
    to a Bureau funded school for any eligible Indian student attending the
    school solely because that student's home or domicile is outside of the
    geographical attendance area established for that school under this
    section. No funding shall be made available without tribal
    authorization to enable a school to provide transportation for any
    student to or from the school and a location outside the approved
    attendance area of the school.
        ``(e) Reservation as Boundary.--In any case where there is only 1
    Bureau funded program located on an Indian reservation, the attendance
    area for the program shall be the boundaries (established by treaty,
    agreement, legislation, court decisions, or executive decisions and as
    accepted by the tribe) of the reservation served, and those students
    residing near the reservation shall also receive services from such
    program.
        ``(f) Off-Reservation Home-Living (Dormitory) Schools.--
    Notwithstanding any geographical attendance areas, attendance at off-
    reservation home-living (dormitory) schools shall include students
    requiring special emphasis programs to be implemented at each off-
    reservation home-living (dormitory) school. Such attendance shall be
    coordinated between education line officers, the family, and the
    referring and receiving programs.

    ``SEC. 1125. FACILITIES CONSTRUCTION.

        ``(a) Compliance With Health and Safety Standards.--The Secretary
    shall immediately begin to bring all schools, dormitories, and other
    Indian education-related facilities operated by the Bureau or under
    contract or grant with the Bureau into compliance with all applicable
    tribal, Federal, or State health and safety standards, whichever
    provides 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,
    and with the Americans with Disabilities Act of 1990. 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 the enactment of the Excellence and Accountability in Education
    Act.
        ``(b) Compliance Plan.--At the time 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 facilities covered under subsection (a) of this section into
    compliance with the standards referred to in subsection (a). 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 timelines for bringing each
    school into compliance with such standards.
        ``(c) Construction Priorities.--
                ``(1) System to establish priorities.--On an annual basis
            the Secretary shall submit to the appropriate committees of
            Congress and cause to be published in the Federal Register, the
            system used to establish priorities for replacement and
            construction projects for Bureau funded schools and home-living
            schools, including boarding schools and dormitories. At the
            time any budget request for education is presented, the
            Secretary shall publish in the Federal Register and submit with
            the budget request the current list of all Bureau funded school
            construction priorities.
                ``(2) Long-term construction and replacement list.--In
            addition to the plan submitted under subsection (b), the
            Secretary shall--
                        ``(A) not later than 18 months after the date of
                    the enactment of the Excellence and Accountability in
                    Education Act, establish a long-term construction and
                    replacement list for all Bureau funded schools;
                        ``(B) using the list prepared under subparagraph
                    (A), propose a list for the orderly replacement of all
                    Bureau funded education-related facilities over a
                    period of 40 years to enable planning and scheduling of
                    budget requests;
                        ``(C) cause the list prepared under subsection (B)
                    to be published in the Federal Register and allow a
                    period of not less than 120 days for public comment;
                        ``(D) make such revisions to the list prepared
                    under subparagraph (B) as are appropriate based on the
                    comments received; and
                        ``(E) cause the final list to be published in the
                    Federal Register.
                ``(3) Effect on other list.--Nothing in this section shall
            be construed as interfering with or changing in any way the
            construction priority list as it exists on the date of the
            enactment of the Excellence and Accountability in Education
            Act.
        ``(d) Hazardous Condition at Bureau School.--
                ``(1) Closure or consolidation.--A Bureau funded school may
            be closed or consolidated, and the programs of a Bureau funded
            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 funded
            school.
                ``(2) Inspection.--(A) After making a determination
            described in paragraph (1), the Bureau health and safety
            officer shall conduct an inspection of the condition of such
            plant accompanied by an appropriate tribal, county, municipal,
            or State health and safety officer in order 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. No further negative
            action may be taken unless the findings are concurred in by the
            second, non-Bureau of Indian Affairs inspector.
                ``(B) If the health and safety officer conducting the
            inspection of a plant required under subparagraph (A)
            determines that conditions at the plant do not constitute an
            immediate hazard to health and safety, any consolidation or
            curtailment that was made under paragraph (1) shall immediately
            cease and any school closed by reason of conditions at the
            plant shall be reopened immediately.
                ``(C) If a Bureau funded school is temporarily closed or
            consolidated or the programs of a Bureau funded school are
            substantially curtailed under this subsection and the Secretary
            determines that the closure, consolidation, or curtailment will
            exceed 1 year, the Secretary shall submit to the Congress, by
            not later than 180 days after the date on which the closure,
            consolidation, or curtailment was initiated, a report which
            sets forth the reasons for such temporary actions, the actions
            the Secretary is taking to eliminate the conditions that
            constitute the hazard, and an estimated date by which such
            actions will be concluded.
        ``(e) Funding Requirement.--
                ``(1) Distribution of funds.--Beginning with the fiscal
            year following the year of the date of the enactment of the
            Excellence and Accountability in Education Act, all funds
            appropriated for the operations and maintenance of Bureau
            funded schools shall be distributed by formula to the schools.
            No funds from this account may be retained or segregated by the
            Bureau to pay for administrative or other costs of any
            facilities branch or office, at any level of the Bureau.
                ``(2) Requirements for certain uses.--No funds shall be
            withheld from the distribution to the budget of any school
            operated under contract or grant by the Bureau for maintenance
            or any other facilities or road related purpose, unless such
            school has consented, as a modification to the contract or in
            writing for grants schools, to the withholding of such funds,
            including the amount thereof, the purpose for which the funds
            will be used, and the timeline for the services to be provided.
            The school may, at the end of any fiscal year, cancel an
            agreement under this paragraph upon giving the Bureau 30 days
            notice of its intent to do so.
        ``(f) No Reduction in Federal Funding.--Nothing in this section
    shall be construed to diminish any Federal funding due to the receipt
    by the school of funding for facilities improvement or construction
    from a State or any other source.'';
                (4) in section 1143(f), by striking ``$10,000,000'' and all
            that follows through the period and inserting ``$12,000,000 for
            fiscal year 2002 and such sums as may be necessary for each of
            the 4 succeeding fiscal years.''; and
                (5) in section 1144(e), by striking ``$2,000,000' and all
            that follows through the period and inserting ``$2,000,000 for
            fiscal year 2002 and such sums as may be necessary for each of
            the 4 succeeding fiscal years.''.

    SEC. 1102. AMENDMENTS TO TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.

        The Tribally Controlled Schools Act of 1988 (Public Law 100-297; 25
    U.S.C. 2501 et seq.) is amended--
                (1) by redesignating section 5212 as section 5213; and
                (2) by inserting after section 5211 the following:

    ``SEC. 5212. THE TRIBALLY CONTROLLED GRANT SCHOOL ENDOWMENT PROGRAM.

        ``(a) In General.--
                ``(1) Each school receiving grants under this part may
            establish, at a Federally insured banking and savings
            institution, a trust fund for the purposes of this section.
                ``(2) The school may provide--
                        ``(A) for the deposit into the trust fund, only
                    funds from non-Federal sources, except that the
                    interest on funds received from grants under this part
                    may be used for this purpose;
                        ``(B) for the deposit in the account of any
                    earnings on funds deposited in the account; and
                        ``(C) for the sole use of the school any noncash,
                    in-kind contributions of real or personal property,
                    such property may at any time be converted to cash.
        ``(b) Interest.--Interest from the fund established under
    subsection (a) may periodically be withdrawn and used, at the
    discretion of the school, to defray any expenses associated with the
    operation of the school.''.

    SEC. 1103. AMENDMENTS TO STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT.

        Subtitle B of title VII of the Stewart B. McKinney Homeless Act (42
    U.S.C. 11431 et seq.) is amended--
                (1) in section 722(e), by adding at the end the following:
                ``(3) Prohibition on segregating homeless students.--In
            providing a free, public education to a homeless child or
            youth, no State receiving funds under this subtitle shall
            segregate such child or youth, either in a separate school, or
            in a separate program within a school, based solely on such
            child or youth's status as homeless.'';
                (2) by striking section 722(g)(1)(H) and inserting the
            following:
                        ``(H) contain assurances that State and local
                    educational agencies shall--
                                ``(i) adopt policies and practices to
                            ensure that homeless children and youth are not
                            segregated solely on the basis of their status
                            as homeless; and
                                ``(ii) designate an appropriate staff
                            person, who may also be a coordinator for other
                            Federal programs, as a liaison for homeless
                            children and youth.'';
                (3) in section 722(g)(3)(A)(i)--
                        (A) by redesignating subclause (II) as subclause
                    (III); and
                        (B) by striking subclause (I) and inserting the
                    following:
                                        ``(I) for the duration of their
                                    homelessness;
                                        ``(II) if the child becomes
                                    permanently housed, for the remainder
                                    of the academic year; or'';
                (4) by striking section 722(g)(3)(C) and inserting the
            following:
                        ``(C) Enrollment.--(i) A school that a homeless
                    child seeks to enroll in shall, in accordance with this
                    paragraph, immediately enroll the homeless child or
                    youth even if the child or youth is unable to produce
                    records normally required for enrollment, such as
    previous academic records, proof of residency, or other documentation.
                        ``(ii) The enrolling school shall immediately
                    contact the school last attended by the child or youth
                    to obtain relevant academic and other records.
                        ``(iii) If the child or youth needs to obtain
                    immunizations or immunization records, the enrolling
                    school shall immediately refer the parent or guardian
                    of the child or youth to the liaison who shall assist
                    in obtaining necessary immunizations or immunization
                    records in accordance with subparagraph (E).
                        ``(D) 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--
                                ``(i) so that the records are available, in
                            a timely fashion, when a child or youth enters
                            a new school district; and
                                ``(ii) in a manner consistent with section
                            444 of the General Education Provisions Act.
                        ``(E) Enrollment disputes.--If there is a dispute
                    over school selection or enrollment--
                                ``(i) the child or youth shall be
                            immediately admitted to the school in which
                            enrollment is sought, pending resolution of the
                            dispute;
                                ``(ii) the parent or guardian shall be
                            provided with a written explanation of the
                            school's decision regarding enrollment,
                            including the right to appeal the decision; and
                                ``(iii) the parent or guardian shall be
                            referred to the liaison, who shall carry out
                            the dispute resolution process as described in
                            paragraph (6)(D) as expeditiously as possible,
                            after receiving notice of the dispute.
                        ``(F) Placement choice.--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.
                        ``(G) Definition.--For the 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.
                        ``(H) Contact information.--Nothing in this
                    subtitle shall prohibit a local educational agency from
                    requiring a parent or guardian of a homeless child to
                    submit contact information required by the local
                    educational agency of a parent or guardian of a
                    nonhomeless child.'';
                (5) by striking section 722(g)(7) and inserting the
            following:
                ``(7) Liaison.--
                        ``(A) Duties.--Each local liaison for homeless
                    children and youth, designated pursuant to subsection
                    (g)(1)(H)(ii), shall ensure that--
                                ``(i) homeless children and youth enroll
                            in, and have an equal opportunity to succeed
                            in, schools of that agency;
                                ``(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;
                                ``(iii) the parents or guardians of
                            homeless children and youth are informed of the
                            education and related opportunities available
                            to their children and are provided with
                            meaningful opportunities to participate in the
                            education of their children; and
                                ``(iv) public notice of the educational
                            rights of homeless children and youth is
                            disseminated where such children and youth
                            receive services under this Act (such as family
                            shelters and soup kitchens).
                        ``(B) Notice.--State coordinators and local
                    educational agencies shall inform school personnel,
                    service providers, and advocates working with homeless
                    families of the duties of the liaisons.
                        ``(C) Local and state coordination.--Local
                    educational agency liaisons for homeless children and
                    youth shall, as a part of their duties, coordinate and
                    collaborate with State coordinators and community and
                    school personnel responsible for the provision of
                    education and related services to homeless children and
                    youth.
                        ``(D) Dispute resolution.--Unless another
                    individual is designated by State law, the local
                    educational agency liaisons for homeless children and
                    youth shall provide resource information and assist in
                    resolving disputes under this subtitle, should they
                    arise.''; and
                (6) by striking section 726 and inserting the following:

    ``SEC. 726. AUTHORIZATION OF APPROPRIATIONS.

        ``For the purpose of carrying out this subtitle, there are
    authorized to be appropriated $50,000,000 for fiscal year 2002 and such
    sums as may be necessary for each of the fiscal years 2003 through
    2006.''.
                                     <all>