[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>