[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 958 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 958
To assist local educational agencies in financing and establishing
alternative education systems, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2001
Mr. Kildee (for himself, Mr. Scott, Mr. George Miller of California,
and Mrs. McCarthy of New York) introduced the following bill; which was
referred to the Committee on Education and the Workforce
_______________________________________________________________________
A BILL
To assist local educational agencies in financing and establishing
alternative education systems, 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.
This Act may be cited as the ``Alternative Education for Safe
Schools and Safe Communities Act of 2001''.
TITLE I--ALTERNATIVE EDUCATION PROGRAM
Title IV of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7101 et seq.) is amended by adding at the end the following new
part:
``PART B--ALTERNATIVE EDUCATION FINANCING AND ESTABLISHMENT GRANTS
``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
4214 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 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 4214 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 4214 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 RULE, DEFINITION.
``(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.
``(c) Definition.--For the purposes of this part, 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)).
``SEC. 4214. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this part
$200,000,000 for fiscal year 2002, and such sums as may be necessary
for each of the four succeeding fiscal years.
<all>