[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.''.
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