[Congressional Record Volume 140, Number 16 (Wednesday, February 23, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: February 23, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
GOALS 2000; EDUCATE AMERICA ACT
Mr. FORD of Michigan. Mr. Speaker, I move to take from the Speaker's
table the bill (H.R. 1804) to improve learning and teaching by
providing a national framework for education reform; to promote the
research, consensus building, and systemic changes needed to ensure
equitable educational opportunities and high levels of educational
achievement for all American students; to provide a framework for
reauthorization of all Federal education programs; to promote the
development and adoption of a voluntary national system to skill
standards and certifications; and for other purposes'', with a Senate
amendment thereto and concur in the Senate amendment with an amendment.
The Clerk read the title of the bill.
The Clerk read the Senate amendment, as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--Titles I through IV of this Act may be
cited as the ``Goals 2000: Educate America Act''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
TITLE I--NATIONAL EDUCATION GOALS
Sec. 101. Purpose.
Sec. 102. National education goals.
TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
Part A--National Education Goals Panel
Sec. 201. Purpose.
Sec. 202. National education goals panel.
Sec. 203. Duties.
Sec. 204. Powers of the goals panel.
Sec. 205. Administrative provisions.
Sec. 206. Director and staff; experts and consultants.
Sec. 207. Early childhood assessment.
Part B--National Education Standards and Improvement Council
Sec. 211. Purpose.
Sec. 212. National Education Standards and Improvement Council.
Sec. 213. Duties.
Sec. 214. Annual reports.
Sec. 215. Powers of the council.
Sec. 216. Administrative provisions.
Sec. 217. Director and staff; experts and consultants.
Sec. 218. Opportunity-to-learn development grants.
Part C--Leadership in Educational Technology
Sec. 221. Purposes.
Sec. 222. Federal leadership.
Sec. 223. Office of Educational Technology.
Sec. 224. Uses of funds.
Sec. 225. Non-Federal share.
Sec. 226. Office of Training Technology Transfer.
Part D--Authorization of Appropriations
Sec. 231. Authorization of appropriations.
TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
Sec. 301. Findings.
Sec. 302. Purpose.
Sec. 303. Authorization of appropriations.
Sec. 304. Allotment of funds.
Sec. 305. State applications.
Sec. 306. State improvement plans.
Sec. 307. Secretary's review of applications; payments.
Sec. 308. State use of funds.
Sec. 309. Subgrants for local reform and professional development.
Sec. 310. Availability of information and training.
Sec. 311. Waivers of statutory and regulatory requirements.
Sec. 312. Progress reports.
Sec. 313. National leadership.
Sec. 314. Assistance to the outlying areas and to the Secretary of the
Interior.
Sec. 315. Clarification regarding State standards and assessments.
Sec. 316. State planning for improving student achievement through
integration of technology into the curriculum.
TITLE IV--MISCELLANEOUS
Sec. 401. Public schools.
Sec. 402. Construction.
Sec. 403. Kalid Abdul Mohammed.
Sec. 404. Prohibition on Federal mandates, direction, and control.
Sec. 405. School prayer.
Sec. 406. Daily silence for students.
Sec. 407. Funding for the Individuals With Disabilities Education Act.
Sec. 408. National Board for Professional Teaching Standards.
Sec. 409. Forgiveness of certain overpayments.
Sec. 410. Study of Goals 2000 and students with disabilities.
Sec. 411. Mentoring, peer counseling and peer tutoring.
Sec. 412. Content and performance standards.
Sec. 413. State-sponsored higher education trust fund savings plan.
Sec. 414. Amendments to sumer youth employment and training program.
Sec. 415. State and local government control of education.
Sec. 416. Protection of pupils.
Sec. 417. Contraceptive devices.
Sec. 418. Educational agencies not denied funds for adopting
constitutional policy relative to prayer in schools.
TITLE V--NATIONAL SKILL STANDARDS BOARD
Sec. 501. Short title.
Sec. 502. Purpose.
Sec. 503. Establishment of National Board.
Sec. 504. Functions of the National Board.
Sec. 505. Deadlines.
Sec. 506. Reports.
Sec. 507. Authorization of appropriations.
Sec. 508. Definitions.
Sec. 509. Sunset provision.
TITLE VI--SAFE SCHOOLS
Part A--Safe Schools Program
Sec. 601. Short title; statement of purpose.
Sec. 602. Safe schools program authorized.
Sec. 603. Eligible applicants.
Sec. 604. Applications and plans.
Sec. 605. Use of funds.
Sec. 606. National leadership.
Sec. 607. National cooperative education statistics system.
Sec. 608. Coordiation of Federal assistance.
Sec. 609. Effective date.
Part B--State Leadership Activities To Promote Safe Schools
Sec. 621. State leasership activities to promote safe schools program.
TITLE VII--MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP
Sec. 701. Short title.
Sec. 702. Grants for midnight basketball league training and
partnership programs.
Sec. 703. Public housing midnight basketball league programs.
TITLE VIII--YOUTH VIOLENCE IN SCHOOLS AND COMMUNITIES
Sec. 801. Purpose.
Sec. 802. Findings.
Sec. 803. Provisions.
TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT
Sec. 901. Short title.
Part A--Office of Educational Research and Improvement
Sec. 911. Repeal.
Sec. 912. Office of Educational Research and Improvement.
Sec. 913. Savings provisions.
Sec. 914. Field readers.
Part B--Educational Improvement Programs
SUBPART 1--INTERNATIONAL EDUCATION PROGRAM
Sec. 921. International Education Program.
SUBPART 2--AMENDMENTS TO THE CARL D. PERKINS VOCATIONAL AND APPLIED
TECHNOLOGY EDUCATION ACT
Sec. 931. National Occupational Information Coordinating Committee.
SUBPART 3--ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM
Sec. 941. Short title.
Sec. 942. Statement of purpose.
Sec. 943. Program authorized.
Sec. 944. Allotments of funds.
Sec. 945. State application.
Sec. 946. Local application.
Sec. 947. Participation of private schools.
Sec. 948. Program requirements.
Sec. 949. Federal administration.
Sec. 950. Authorization of appropriations.
SUBPART 4--MEDIA INSTRUCTION
Sec. 951. Media instruction.
SUBPART 5--STAR SCHOOLS
Sec. 961. Star schools.
SUBPART 6--OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION
Sec. 971. Office of Comprehensive School Health Education.
SUBPART 7--MINORITY-FOCUSED CIVICS EDUCATION
Sec. 981. Short title.
Sec. 982. Purposes.
Sec. 983. Grants authorized; authorization of appropriations.
Sec. 984. Definitions.
Sec. 985. Applications.
Part C--Definitions
Sec. 991. Definitions.
TITLE X--PARENTS AS TEACHERS
Sec. 1001. Findings.
Sec. 1002. Statement of purpose.
Sec. 1003. Definitions.
Sec. 1004. Program established.
Sec. 1005. Program requirements.
Sec. 1006. Special rules.
Sec. 1007. Parents As Teachers Centers.
Sec. 1008. Evaluations.
Sec. 1009. Application.
Sec. 1010. Payments and Federal share.
Sec. 1011. Authorization of appropriations.
Sec. 1012. Home instruction program for preschool youngsters.
TITLE XI--GUN-FREE SCHOOLS
Sec. 1101. Short title.
Sec. 1102. Gun-free requirements in elementary and secondary schools.
TITLE XII--ENVIRONMENTAL TOBACCO SMOKE
Sec. 1201. Short title.
Sec. 1202. Findings.
Sec. 1203. Definitions.
Sec. 1204. Nonsmoking policy for children's services.
Sec. 1205. Technical assistance.
Sec. 1206. Federally funded programs.
Sec. 1207. Report by the Administrator.
Sec. 1208. Preemption.
SEC. 2. PURPOSE.
It is the purpose of this Act to provide a framework for
meeting the National Education Goals described in title I of
this Act by--
(1) promoting coherent, nationwide, systemic education
reform;
(2) improving the quality of teaching and learning in the
classroom;
(3) defining appropriate and coherent Federal, State, and
local roles and responsibilities for education reform;
(4) establishing valid, reliable, and fair mechanisms for--
(A) building a broad national consensus on United States
education reform;
(B) assisting in the development and certification of high-
quality, internationally competitive content and student
performance standards;
(C) assisting in the development and certification of
opportunity-to-learn standards; and
(D) assisting in the development and certification of high-
quality assessment measures that reflect the internationally
competitive content and student performance standards;
(5) supporting new initiatives at the Federal, State,
local, and school levels to provide equal educational
opportunity for all students to meet high standards; and
(6) providing a framework for the reauthorization of all
Federal education programs by--
(A) creating a vision of excellence and equity that will
guide all Federal education and related programs;
(B) providing for the establishment of high-quality,
internationally competitive content and student performance
standards that all students, including disadvantaged
students, students with diverse racial, ethnic, and cultural
backgrounds, students with disabilities, students with
limited-English proficiency, and academically talented
students, will be expected to achieve;
(C) providing for the establishment of high quality,
internationally competitive opportunity-to-learn standards
that all States, local educational agencies, and schools
should achieve;
(D) encouraging and enabling all State educational agencies
and local educational agencies to develop comprehensive
improvement plans that will provide a coherent framework for
the implementation of reauthorized Federal education and
related programs in an integrated fashion that effectively
educates all children;
(E) providing resources to help individual schools,
including schools serving students with high needs, develop
and implement comprehensive improvement plans; and
(F) promoting the use of technology to enable all students
to achieve the National Education Goals.
SEC. 3. DEFINITIONS.
As used in this Act (other than in titles V and IX)--
(1) the term ``all children'' means children from all
backgrounds and circumstances, including disadvantaged
children, children with diverse racial, ethnic, and cultural
backgrounds, children with disabilities, children with
limited-English proficiency, children who have dropped out of
school, and academically talented children;
(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 ``assessment'' means the overall process and
instrument used to measure student attainment of content
standards, except that such term need not include the
discrete items that comprise each assessment;
(4) the term ``content standards'' means broad descriptions
of the knowledge and skills students should acquire in a
particular subject area;
(5) the term ``Governor'' means the chief executive of the
State;
(6) the term ``intergenerational mentoring program'' means
a program that--
(A) matches adult mentors, with a particular emphasis on
older mentors, with elementary and secondary school age
children for the purposes of sharing experience and skills;
(B) is operated by a nonprofit organization or governmental
agency;
(C) provides opportunities for older individuals to be
involved in the design and operation of the program; and
(D) has established, written mechanisms for screening
mentors, orienting mentors and proteges, matching mentors and
proteges, and monitoring mentoring relationships;
(7) the terms ``interoperable'' and ``interoperability''
refers to the ability to easily exchange data with, and
connect to, other hardware and software in order to provide
the greatest accessibility for all students;
(8) the term ``local educational agency'' has the meaning
given such term in section 1471(12) of the Elementary and
Secondary Education Act of 1965, except that such term may
include a public school council if such council is mandated
by State law;
(9) the term ``opportunity-to-learn standards'' means the
conditions of teaching and learning necessary for all
students to have a fair opportunity to learn, including ways
of measuring the extent to which such standards are being
met;
(10) the term ``outlying areas'' means Guam, American
Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, Palau (until the effective date of the
Compact of Free Association with the Government of Palau),
and the Freely Associated States;
(11) the term ``performance standards'' means concrete
examples and explicit definitions of what students have to
know and be able to do to demonstrate that such students are
proficient in the skills and knowledge framed by content
standards;
(12) the term ``public telecommunication entity'' has the
same meaning given to such term in section 397(12) of the
Communications Act of 1934;
(13) the term ``related services'' includes the types of
services described in section 602(17) of the Individuals with
Disabilities Education Act;
(14) the term ``school'' means a public school that is
under the authority of the State educational agency or a
local educational agency or, for the purpose of carrying out
section 314(b), a school that is operated or funded by the
Bureau of Indian Affairs;
(15) the term ``Secretary'', unless otherwise specified,
means the Secretary of Education;
(16) the term ``State'' means each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
(17) the term ``State educational agency'' has the same
meaning given such term in section 1471(23) of the Elementary
and Secondary Education Act of 1965; and
(18) 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 and fiber
optic transmission, computer, video and audio laser and CD-
ROM disks, and video and audio tapes, or other technologies.
TITLE I--NATIONAL EDUCATION GOALS
SEC. 101. PURPOSE.
It is the purpose of this title to establish National
Education Goals.
SEC. 102. NATIONAL EDUCATION GOALS.
The Congress declares the National Education Goals are as
follows:
(1) School readiness.--
(A) Goal.--By the year 2000, all children in America will
start school ready to learn.
(B) Objectives.--The objectives for the goal described in
subparagraph (A) are that--
(i) all children, including disadvantaged and disabled
children, will have access to high-quality and
developmentally appropriate preschool programs that help
prepare children for school;
(ii) every parent in the United States will be a child's
first teacher and devote time each day to helping such
parent's preschool child learn, and parents will have access
to the training and support parents need; and
(iii) children will receive the nutrition, physical
activity experiences, and health care needed to arrive at
school with healthy minds and bodies, and the number of low-
birthweight babies will be significantly reduced through
enhanced prenatal health systems.
(2) School completion.--
(A) Goal.--By the year 2000, the high school graduation
rate will increase to at least 90 percent.
(B) Objectives.--The objectives for the goal described in
subparagraph (A) are that--
(i) the Nation must dramatically reduce its high school
dropout rate, and 75 percent of high school students who do
drop out of school will successfully complete a high school
degree or its equivalent; and
(ii) the gap in high school graduation rates between United
States students from minority backgrounds and their
nonminority counterparts will be eliminated.
(3) Student achievement and citizenship.--
(A) Goal.--By the year 2000, United States students will
leave grades 4, 8, and 12 having demonstrated competency over
challenging subject matter including English, mathematics,
science, foreign languages, civics and government, economics,
arts, history, and geography, and every school in the United
States will ensure that all students learn to use their minds
well, so students may be prepared for responsible
citizenship, further learning, and productive employment in
our Nation's modern economy.
(B) Objectives.--The objectives for the goal described in
subparagraph (A) are that--
(i) the academic performance of elementary and secondary
students will increase significantly in every quartile, and
the distribution of minority students in each quartile will
more closely reflect the student population as a whole;
(ii) the percentage of students who demonstrate the ability
to reason, solve problems, apply knowledge, and write and
communicate effectively will increase substantially;
(iii) all students will be involved in activities that
promote and demonstrate good citizenship, good health,
community service, and personal responsibility;
(iv) all students will have access to physical education
and health education to ensure all students are healthy and
fit;
(v) the percentage of students who are competent in more
than one language will substantially increase; and
(vi) all students will be knowledgeable about the diverse
heritage of our Nation and about the world community.
(4) Mathematics and science.--
(A) Goal.--By the year 2000, United States students will be
first in the world in mathematics and science achievement.
(B) Objectives.--The objectives for the goal described in
subparagraph (A) are that--
(i) mathematics and science education, including the metric
system of measurement, will be strengthened throughout the
educational system, especially in the early grades;
(ii) the number of teachers with a substantive background
in mathematics and science will increase by 50 percent from
the number of such teachers in 1992; and
(iii) the number of United States undergraduate and
graduate students, especially women and minorities, who
complete degrees in mathematics, science, and engineering
will increase significantly.
(5) Adult literacy and lifelong learning.--
(A) Goal.--By the year 2000, every adult United States
citizen will be literate and will possess the knowledge and
skills necessary to compete in a global economy and exercise
the rights and responsibilities of citizenship.
(B) Objectives.--The objectives for the goal described in
subparagraph (A) are that--
(i) every major United States business will be involved in
strengthening the connection between education and work;
(ii) all workers will have the opportunity to acquire the
knowledge and skills, from basic to highly technical, needed
to adapt to emerging new technologies, work methods, and
markets through public and private educational, vocational,
technical, workplace, or other programs;
(iii) the number of quality programs, including programs at
libraries, that are designed to serve more effectively the
needs of the growing number of part-time and mid-career
students, will increase substantially;
(iv) the proportion of qualified students, especially
minorities, who enter college, who complete at least 2 years
of college, and who complete their degree programs, will
increase substantially; and
(v) the proportion of college graduates who demonstrate an
advanced ability to think critically, communicate
effectively, and solve problems will increase substantially.
(6) Safe, disciplined, and alcohol- and drug- free
schools.--
(A) Goal.--By the year 2000, every school in the United
States will be free of drugs, firearms, alcohol, and violence
and will offer a disciplined environment conducive to
learning.
(B) Objectives.--The objectives for the goal described in
subparagraph (A) are that--
(i) every school will implement a firm and fair policy on
use, possession, and distribution of drugs and alcohol;
(ii) parents, businesses, governmental and community
organizations will work together to ensure that schools
provide a healthy environment and are a safe haven for all
children;
(iii) every school district will develop a sequential,
comprehensive kindergarten through twelfth grade drug and
alcohol prevention education program;
(iv) drug and alcohol curriculum should be taught as an
integral part of sequential, comprehensive health education;
(v) community-based teams should be organized to provide
students and teachers with needed support; and
(vi) every school should work to eliminate sexual
harassment.
(7) Parental participation.--
(A) Goal.--By the year 2000, every school will promote
partnerships that will increase parental involvement and
participation in promoting the social, emotional and academic
growth of children.
(B) Objectives.--The objectives for the Goal established
under subparagraph (A) are that--
(i) every State will develop policies to assist local
schools and school districts to establish programs for
increasing partnerships that respond to the varying needs of
parents and the home, including parents of children who are
disadvantaged or bilingual, or parents of children with
disabilities;
(ii) every school will actively engage parents and families
in a partnership which supports the academic work of children
at home and shared educational decision-making at school; and
(iii) parents and families will help to ensure that schools
are adequately supported and will hold schools and teachers
to high standards of accountability.
(8) Teacher education and professional development.--
(A) Goal.--By the year 2000, the Nation's teaching force
will have access to programs for the continued improvement of
their professional skills and the opportunity to acquire the
knowledge and skills needed to instruct and prepare all
American students for the next century.
(B) Objectives.--The objectives for the goal established
under subparagraph (A) are that--
(i) all teachers will have access to preservice teacher
education and continuing professional development activities
that will provide such teachers with the knowledge and skills
needed to teach to an increasingly diverse student population
with a variety of educational, social, and health needs;
(ii) all teachers will have continuing opportunities to
acquire additional knowledge and skills needed to teach
challenging subject matter and to use emerging new methods,
forms of assessment, and technologies;
(iii) States and school districts will create integrated
strategies to attract, recruit, prepare, retrain, and support
the continued professional development of teachers,
administrators, and other educators, so that there is a
highly talented work force of professional educators to teach
challenging subject matter; and
(iv) partnerships will be established, whenever possible,
among local educational agencies, institutions of higher
education, parents, and local labor, business, and
professional associations to provide and support programs for
the professional development of educators.
TITLE II--NATIONAL EDUCATION REFORM LEADERSHIP, STANDARDS, AND
ASSESSMENTS
PART A--NATIONAL EDUCATION GOALS PANEL
SEC. 201. PURPOSE.
It is the purpose of this part to establish a bipartisan
mechanism for--
(1) building a national consensus for education
improvement;
(2) reporting on progress toward achieving the National
Education Goals;
(3) periodically reviewing the goals and objectives
described in title I and recommending adjustments to such
goals and objectives, as needed, in order to guarantee
education reform that continues to provide guidance for
quality, world class education for all students; and
(4) reviewing and approving the voluntary national content
standards, voluntary national student performance standards
and voluntary national opportunity-to-learn standards
certified by the National Education Standards and Improvement
Council, as well as the criteria for the certification of
such standards, and the criteria for the certification of
State assessments or systems of assessments certified by such
Council.
SEC. 202. NATIONAL EDUCATION GOALS PANEL.
(a) Establishment.--There is established in the executive
branch a National Education Goals Panel (hereafter in this
title referred to as the ``Goals Panel'').
(b) Composition.--The Goals Panel shall be composed of 18
members (hereafter in this part referred to as ``members''),
including--
(1) two members appointed by the President;
(2) eight members who are Governors, 3 of whom shall be
from the same political party as the President and 5 of whom
shall be of the opposite political party of the President,
appointed by the Chairperson and Vice Chairperson of the
National Governors' Association, with the Chairperson and
Vice Chairperson each appointing representatives of such
Chairperson's or Vice Chairperson's respective political
party, in consultation with each other;
(3) four Members of the Congress, of whom--
(A) one member shall be appointed by the Majority Leader of
the Senate from among the Members of the Senate;
(B) one member shall be appointed by the Minority Leader of
the Senate from among the Members of the Senate;
(C) one member shall be appointed by the Majority Leader of
the House of Representatives from among the Members of the
House of Representatives; and
(D) one member shall be appointed by the Minority Leader of
the House of Representatives from among the Members of the
House of Representatives; and
(4) four members of State legislatures appointed by the
President of the National Conference of State Legislatures,
of whom 2 shall be of the same political party as the
President of the United States.
(c) Special Appointment Rules.--
(1) In general.--The members appointed pursuant to
subsection (b)(2) shall be appointed as follows:
(A) If the Chairperson of the National Governors'
Association is from the same political party as the
President, the Chairperson shall appoint 3 individuals and
the Vice Chairperson of such association shall appoint 5
individuals.
(B) If the Chairperson of the National Governors'
Association is from the opposite political party as the
President, the Chairperson shall appoint 5 individuals and
the Vice Chairperson of such association shall appoint 3
individuals.
(2) Special rule.--If the National Governors' Association
has appointed a panel that meets the requirements of
subsections (b) and (c), except for the requirements of
paragraph (4) of subsection (b), prior to the date of
enactment of this Act, then the members serving on such panel
shall be deemed to be in compliance with the provisions of
such subsections and shall not be required to be reappointed
pursuant to such subsections.
(d) Terms.--The terms of service of members shall be as
follows:
(1) Presidential appointees.--Members appointed under
subsection (b)(1) shall serve at the pleasure of the
President.
(2) Governors.--Members appointed under paragraph (2) of
subsection (b) shall serve a 2-year term, except that the
initial appointments under such paragraph shall be made to
ensure staggered terms with one-half of such members' terms
concluding every 2 years.
(3) Congressional appointees and state legislators.--
Members appointed under paragraphs (3) and (4) of subsection
(b) shall serve for 2-year terms.
(e) Date of Appointment.--The initial members shall be
appointed not later than 60 days after the date of enactment
of this Act.
(f) Initiation.--The Goals Panel may begin to carry out its
duties under this part when 10 members of the Goals Panel
have been appointed.
(g) Vacancies.--A vacancy on the Goals Panel shall not
affect the powers of the Goals Panel, but shall be filled in
the same manner as the original appointment.
(h) Travel.--Each member may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for each day the
member is engaged in the performance of duties for the Goals
Panel away from the home or regular place of business of the
member.
(i) Chairperson.--
(1) In general.--The members shall select a Chairperson
from among the members described in paragraph (2) of
subsection (b).
(2) Term and political affiliation.--The Chairperson of the
Goals Panel shall serve a 1-year term and shall alternate
between political parties.
SEC. 203. DUTIES.
(a) In General.--The Goals Panel shall--
(1) report on the progress the Nation and the States are
making toward achieving the National Education Goals
described in title I, including issuing an annual national
report card;
(2) submit to the President nominations for appointment to
the National Education Standards and Improvement Council in
accordance with subsections (b) and (c) of section 212;
(3) review and approve (or explain why approval is
withheld) the--
(A) criteria developed by the National Education Standards
and Improvement Council for the certification of content and
student performance standards, assessments or systems of
assessments, and opportunity-to-learn standards; and
(B) voluntary national content standards, voluntary
national student performance standards and voluntary national
opportunity-to-learn standards certified by such Council;
(4) report on promising or effective actions being taken at
the national, State, and local levels, and in the public and
private sectors, to achieve the National Education Goals; and
(5) help build a nationwide, bipartisan consensus for the
reforms necessary to achieve the National Education Goals.
(b) National Report Card.--
(1) In general.--The Goals Panel shall annually prepare and
submit to the President, the Secretary, the appropriate
committees of the Congress, and the Governor of each State a
national report card that shall--
(A) report on the progress of the United States toward
achieving the National Education Goals; and
(B) identify actions that should be taken by Federal,
State, and local governments to enhance progress toward
achieving the National Education Goals.
(2) Form; data.--National report cards shall be presented
in a form, and include data, that is understandable to
parents and the general public.
SEC. 204. POWERS OF THE GOALS PANEL.
(a) Hearings.--
(1) In general.--The Goals Panel shall, for the purpose of
carrying out this part, conduct such hearings, sit and act at
such times and places, take such testimony, and receive such
evidence, as the Goals Panel considers appropriate.
(2) Representation.--In carrying out this part, the Goals
Panel shall conduct hearings to receive reports, views, and
analyses of a broad spectrum of experts and the public on the
establishment of voluntary national content, voluntary
national student performance standards, voluntary national
opportunity-to-learn standards, and State assessments or
systems of assessments described in section 213(e).
(b) Information.--The Goals Panel may secure directly from
any department or agency of the Federal Government
information necessary to enable the Goals Panel to carry out
this part. Upon request of the Chairperson of the Goals
Panel, the head of any such department or agency shall
furnish such information to the Goals Panel to the extent
permitted by law.
(c) Postal Services.--The Goals Panel may use the United
States mail in the same manner and under the same conditions
as departments and agencies of the Federal Government.
(d) Gifts; Use of Facilities.--The Goals Panel may--
(1) accept, administer, and utilize gifts or donations of
services, money, or property, whether real or personal,
tangible or intangible; and
(2) use the research, equipment, services, and facilities
of any department, agency or instrumentality of the Federal
Government, or of any State or political subdivision thereof
with the consent of such department, agency, instrumentality,
State or subdivision, respectively.
(e) Administrative Arrangements and Support.--
(1) In general.--The Secretary shall provide to the Goals
Panel, on a reimbursable basis, such administrative support
services as the Goals Panel may request.
(2) Contracts and other arrangements.--The Secretary shall,
to the extent appropriate, and on a reimbursable basis, make
contracts and other arrangements that are requested by the
Goals Panel to help the Goals Panel compile and analyze data
or carry out other functions necessary to the performance of
the Goals Panel's responsibilities.
SEC. 205. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Goals Panel shall meet on a regular
basis, as necessary, at the call of the Chairperson of the
Goals Panel or a majority of the members of the Goals Panel.
(b) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
(c) Voting and Final Decisions.--
(1) In general.--No individual may vote, or exercise any of
the duties or powers of a member of the Goals Panel, by
proxy.
(2) Final decisions.--
(A) In making final decisions of the Goals Panel with
respect to the exercise of its duties and powers the Goals
Panel shall operate on the principle of consensus among the
members of the Goals Panel.
(B) If a vote of the membership of the Goals Panel is
required to reach a final decision with respect to the
exercise of its duties and powers, then such final decision
shall be made by a three-fourths vote of the members of the
Goals Panel who are present and voting.
(d) Public Access.--The Goals Panel shall ensure public
access to the proceedings of the Goals Panel (other than
proceedings, or portions of proceedings, relating to internal
personnel and management matters) and shall make available to
the public, at reasonable cost, transcripts of such
proceedings.
SEC. 206. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Goals Panel, without
regard to the provisions of title 5, United States Code,
relating to the appointment and compensation of officers or
employees of the United States, shall appoint a Director to
be paid at a rate not to exceed the rate of basic pay payable
for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--
(1) In general.--(A) The Director may appoint not more than
4 additional employees to serve as staff to the Goals Panel
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the maximum rate of basic pay
payable for GS-15 of the General Schedule.
(2) Additional employees.--The Director may appoint
additional employees to serve as staff to the Goals Panel in
accordance with title 5, United States Code.
(c) Experts and Consultants.--The Goals Panel may procure
temporary and intermittent services of experts and
consultants under section 3109(b) of title 5, United States
Code.
(d) Staff of Federal Agencies.--Upon the request of the
Goals Panel, the head of any department or agency of the
United States may detail any of the personnel of such
department to the Goals Panel to assist the Goals Panel in
carrying out its responsibilities under this part.
SEC. 207. EARLY CHILDHOOD ASSESSMENT.
(a) In general.--The Goals Panel shall support the work of
its Resource and Technical Planning Groups on School
Readiness (hereafter in this subsection referred to as the
``Groups'') to improve the methods of assessing the readiness
of all children for school.
(b) Activities.--The Groups shall--
(1) develop a model of elements of school readiness that
address a broad range of early childhood developmental needs,
including the needs of children with disabilities;
(2) create clear guidelines regarding the nature,
functions, and uses of early childhood assessments, including
norm-referenced assessments and assessment formats that are
appropriate for use in culturally and linguistically diverse
communities, based on model elements of school readiness;
(3) monitor and evaluate early childhood assessments,
including the ability of existing assessments to provide
valid information on the readiness of children for school;
and
(4) monitor and report on the long-term collection of data
on the status of young children to improve policy and
practice, including the need for new sources of data
necessary to assess the broad range of early childhood
developmental needs.
(c) Advice.--The Groups shall advise and assist the
Congress, the Secretary, the Goals Panel, and others
regarding how to improve the assessment of young children and
how such assessments can improve services to children.
(d) Report.--The Goals Panel shall provide reports on the
work of the Groups to the Congress, the Secretary, and the
public.
PART B--NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL
SEC. 211. PURPOSE.
It is the purpose of this part to establish a mechanism
to--
(1) certify voluntary national content standards and
voluntary national student performance standards that define
what all students should know and be able to do;
(2) certify challenging State content standards and
challenging State student performance standards submitted by
States on a voluntary basis, if such standards are comparable
in rigor and quality to the voluntary national content
standards and voluntary national student performance
standards certified by the National Education Standards and
Improvement Council;
(3) certify voluntary national opportunity-to-learn
standards that describe the conditions of teaching and
learning necessary for all students to have a fair
opportunity to achieve the knowledge and skills described in
the voluntary national content standards and the voluntary
national student performance standards certified by the
National Education Standards and Improvement Council;
(4) certify comprehensive State opportunity-to-learn
standards submitted by States on a voluntary basis that--
(A) describe the conditions of teaching and learning
necessary for all students to have a fair opportunity to
learn; and
(B) address the elements described in section 213(c)(3);
and
(5) certify assessments or systems of assessments submitted
by States or groups of States on a voluntary basis, if such
assessments or systems--
(A) are aligned with and support State content standards
certified by such Council; and
(B) are valid, reliable, and fair when used for their
intended purposes.
SEC. 212. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT
COUNCIL.
(a) Establishment.--There is established in the executive
branch a National Education Standards and Improvement Council
(hereafter in this part referred to as the ``Council'').
(b) Composition.--The Council shall be composed of 19
members (hereafter in this part referred to as ``members'')
appointed by the President from nominations submitted by the
Goals Panel.
(c) Qualifications.--
(1) In general.--The members of the Council shall include--
(A) five professional educators appointed from among
elementary and secondary classroom teachers, preschool
educators, related services personnel, and other school-based
professionals, State or local educational agency
administrators, or other educators;
(B) four representatives of business and industry or
postsecondary educational institutions, including at least 1
representative of business and industry who is also a member
of the National Skill Standards Board established pursuant to
title V;
(C) five representatives of the public, appointed from
among representatives of advocacy, civil rights, and
disability groups, parents, civic leaders, tribal
governments, or State or local education policymakers
(including members of State or local school boards); and
(D) five education experts, appointed from among experts in
measurement and assessment, curriculum, school finance and
equity, or school reform.
(2) Nominations.--The Goals Panel shall submit to the
President at least 15 nominations for each of the 4
categories of appointment described in subparagraphs (A)
through (D) of paragraph (1).
(3) Representation.--To the extent feasible, the membership
of the Council shall--
(A) be geographically representative of the United States
and reflect the diversity of the United States with respect
to race, ethnicity, gender and disability characteristics;
and
(B) include persons from each of the 4 categories described
in subparagraphs (A) through (D) of paragraph (1) who have
expertise in the education of subgroups of students who are
at risk of school failure.
(d) Terms.--
(1) In general.--Members shall be appointed for 3-year
terms, with no member serving more than 2 consecutive terms.
(2) Initial terms.--The President shall establish initial
terms for members of 1, 2, or 3 years in order to establish a
rotation in which one-third of the members are selected each
year.
(e) Date of Appointment.--The initial members shall be
appointed not later than 120 days after the date of enactment
of this Act.
(f) Initiation.--The Council shall begin to carry out the
duties of the Council under this part when all 19 members
have been appointed.
(g) Retention.--In order to retain an appointment to the
Council, a member shall attend at least two-thirds of the
scheduled meetings, and hearings when appropriate, of the
Council in any given year.
(h) Vacancy.--A vacancy on the Council shall not affect the
powers of the Council, but shall be filled in the same manner
as the original appointment.
(i) Compensation.--Members who are not regular full-time
employees of the United States, while attending meetings or
hearings of the Council, may be provided compensation at a
rate fixed by the Secretary, but not exceeding the maximum
rate of basic pay payable for GS-15 of the General Schedule.
(j) Travel.--Each member of the Council may be allowed
travel expenses, including per diem in lieu of subsistence,
as authorized by section 5703 of title 5, United States Code,
for each day the member is engaged in the performance of
duties for the Council away from the home or regular place of
business of the member.
(k) Officers.--The members shall select officers of the
Council from among the members. The officers of the Council
shall serve for 1-year terms.
(l) Conflict of Interest.--No member, staff, expert, or
consultant assisting the Council shall be appointed to the
Council--
(1) if such member, staff, expert, or consultant has a
fiduciary interest in an educational assessment; and
(2) unless such member, staff, expert, or consultant agrees
that such member, staff, expert, or consultant, respectively,
will not obtain such an interest for a period of 2 years from
the date of termination of such member's service on the
Council.
SEC. 213. DUTIES.
(a) Voluntary National Content Standards; Voluntary
National Student Performance Standards.--
(1) In general.--The Council, upon recommendation from a
working group on voluntary national content standards,
shall--
(A) identify areas in which voluntary national content
standards need to be developed;
(B) certify voluntary national content standards and
voluntary national student performance standards that define
what all students should know and be able to do; and
(C) forward such voluntary national content standards and
voluntary national student performance standards to the Goals
Panel for approval.
(2) Criteria.--(A) The Council, upon recommendation from a
working group on voluntary national content standards and
voluntary national student performance standards, shall--
(i) identify and develop criteria to be used for certifying
the voluntary national content standards and voluntary
national student performance standards; and
(ii) before applying such criteria, forward such criteria
to the Goals Panel for approval.
(B) The criteria developed by the Council shall address--
(i) the extent to which the proposed standards are
internationally competitive and comparable to the best
standards in the world;
(ii) the extent to which the proposed voluntary national
content standards and voluntary national student performance
standards reflect the best available knowledge about how all
students learn and about how a content area can be most
effectively taught;
(iii) the extent to which the proposed voluntary national
content standards and voluntary national student performance
standards have been developed through an open and public
process that provides for input and involvement of all
relevant parties, including teachers, related services
personnel, and other professional educators, employers and
postsecondary education institutions, curriculum and subject
matter specialists, parents, secondary school students, and
the public; and
(iv) other factors that the Council deems appropriate.
(C) In developing the criteria, the Council shall work with
entities that are developing, or have already developed,
content standards, and any other entities that the Council
deems appropriate, to identify appropriate certification
criteria.
(b) Voluntary State Content Standards; Voluntary State
Student Performance Standards.--The Council may certify
challenging State content standards and challenging State
student performance standards presented on a voluntary basis
by a State or group of States, if such standards are
comparable in rigor and quality to the voluntary national
content standards and voluntary national student performance
standards certified by the Council.
(c) Voluntary National Opportunity-To-Learn Standards.--
(1) In general.--The Council, upon recommendation from a
working group on voluntary national opportunity-to-learn
standards, shall certify exemplary, voluntary national
opportunity-to-learn standards that will establish a basis
for providing all students a fair opportunity to achieve the
knowledge and skills described in the voluntary national
content standards certified by the Council. In carrying out
the preceding sentence the Council and the working group are
authorized to consider proposals for voluntary national
opportunity-to-learn standards from groups other than those
that receive grants under section 218.
(2) Requirement.--The voluntary national opportunity-to-
learn standards shall be sufficiently general to be used by
any State without unduly restricting State and local
prerogatives regarding instructional methods to be employed.
(3) Elements addressed.--The voluntary national
opportunity-to-learn standards certified by the Council shall
address--
(A) the quality and availability of curricula,
instructional materials, and technologies;
(B) the capability of teachers to provide high-quality
instruction to meet diverse learning needs in each content
area;
(C) the extent to which teachers and administrators have
ready and continuing access to professional development,
including the best knowledge about teaching, learning, and
school improvement;
(D) the extent to which curriculum, instructional
practices, and assessments are aligned to content standards;
(E) the extent to which school facilities provide a safe
and secure environment for learning and instruction and have
the requisite libraries, laboratories, and other resources
necessary to provide an opportunity-to-learn; and
(F) other factors that the Council deems appropriate to
ensure that all students receive a fair opportunity to
achieve the knowledge and skills described in the voluntary
national content standards and the voluntary national student
performance standards certified by the Council.
(4) Additional duties.--In carrying out this subsection,
the Council shall--
(A) identify what other countries with rigorous content
standards do to--
(i) provide their children with opportunities to learn;
(ii) prepare their teachers; and
(iii) provide continuing professional development
opportunities for their teachers; and
(B) develop criteria to be used for certifying the
voluntary national opportunity-to-learn standards and, before
applying such criteria, forward such criteria to the Goals
Panel for approval.
(5) Recommendations and coordination.--The Council shall
assist in the development of the voluntary national
opportunity-to-learn standards by--
(A) making recommendations to the Secretary regarding
priorities and selection criteria for each grant awarded
under section 218; and
(B) coordinating with each consortium receiving a grant
under section 218 to ensure that the opportunity-to-learn
standards the consortium develops for all students are of
high quality and are consistent with the criteria developed
by the Council for the certification of such standards.
(6) Approval.--The Council shall forward the voluntary
national opportunity-to-learn standards that the Council
certifies to the Goals Panel for approval.
(d) Voluntary State Opportunity-To-Learn Standards.--The
Council may certify comprehensive State opportunity-to-learn
standards presented on a voluntary basis by a State that--
(1) describe the conditions of teaching and learning
necessary for all students to have a fair opportunity to
learn; and
(2) address the elements described in section 213(c)(3).
(e) Assessments.--
(1) In general.--(A) The Council shall certify, for a
period not to exceed 5 years, an assessment of a single
subject area or a system of assessments involving several
subject areas presented on a voluntary basis by a State or
group of States if such assessment or system of assessments--
(i) is aligned with such State's or group of States'
challenging State content standards certified by the Council;
(ii) involves multiple measures of student performance; and
(iii) provides for--
(I) the participation of all students with diverse learning
needs in such assessment or system; and
(II) the adaptations and accommodations necessary to permit
such participation.
(B) Assessments or systems of assessments shall be
certified for the purpose of--
(i) exemplifying for students, parents, and teachers the
kinds and levels of achievement that should be expected,
including the identification of student performance
standards;
(ii) improving classroom instruction and improving the
learning outcomes for all students;
(iii) informing students, parents, and teachers about
student progress toward such standards;
(iv) measuring and motivating individual students, schools,
districts, States, and the Nation to improve educational
performance; and
(v) assisting education policymakers in making decisions
about education programs.
(2) Implementation.--(A)(i) The Council shall develop, and
not sooner than 3 years nor later than 4 years after the date
of enactment of this Act, begin utilizing, criteria for the
certification of an assessment or a system of assessments in
accordance with this subsection.
(ii) The Council shall not certify an assessment or system
of assessments for a period of 3 years beginning on the date
of enactment of this Act, if such assessment or system will
be used to make decisions regarding graduation, grade
promotion, or retention of students.
(iii) Before utilizing the criteria described in clause
(i), the Council shall forward such criteria to the Goals
Panel for approval.
(B) The certification criteria described in this paragraph
shall address the extent to which an assessment or a system
of assessments--
(i)(I) is aligned with a State's or a group of States'
challenging State content standards, if such State or group
has challenging State content standards that have been
certified by the Council; and
(II) will support effective curriculum and instruction;
(ii) is to be used for a purpose for which such assessment
or system is valid, reliable, fair, and free of
discrimination; and
(iii) includes all students, especially students with
disabilities or with limited-English proficiency.
(C) In determining appropriate certification criteria under
this paragraph, the Council shall--
(i) consider standards and criteria being developed by
other national organizations and recent research on
assessment;
(ii) recommend needed research;
(iii) encourage the development and field testing of
assessments or systems of assessments; and
(iv) provide a public forum for discussing, debating, and
building consensus for the criteria to be used for the
certification of assessments or systems of assessments.
(D) Prior to determining the certification criteria
described in this paragraph, the Council shall take public
comment on its proposed certification criteria.
(f) Performance of Duties.--In carrying out its
responsibilities under this title, the Council shall--
(1) work with Federal and non-Federal departments,
agencies, or organizations that are conducting research,
studies, or demonstration projects to determine
internationally competitive education standards and
assessments, and may establish subject matter and other
panels to advise the Council on particular content, student
performance, and opportunity-to-learn standards and on
assessments or systems of assessments;
(2) establish cooperative arrangements with the National
Skill Standards Board to promote the coordination of the
development of content and student performance standards
under this title with the development of skill standards
described in title V;
(3) recommend studies to the Secretary that are necessary
to carry out the Council's responsibilities;
(4) inform the public about what constitutes high quality,
internationally competitive, content, student performance,
and opportunity-to-learn standards, and assessments or
systems of assessments;
(5) on a regular basis, review and update criteria for
certifying content, student performance, and opportunity-to-
learn standards, and assessments or systems of assessments;
and
(6) periodically recertify, as appropriate, the voluntary
national content standards, the voluntary national student
performance standards, and the voluntary national
opportunity-to-learn standards.
(g) Construction.--Nothing in this Act shall be construed
to--
(1) require any State to have standards certified pursuant
to subsection (b) or (d) in order to participate in any
Federal program; or
(2) create a legally enforceable right for any person
against a State, local educational agency, or school based on
a standard or assessment certified by the Council or the
criteria developed by the Council for such certification.
SEC. 214. ANNUAL REPORTS.
Not later than 1 year after the date the Council concludes
its first meeting, and each year thereafter, the Council
shall prepare and submit a report regarding its work to the
President, the Secretary, the appropriate committees of the
Congress, the Governor of each State, and the Goals Panel.
SEC. 215. POWERS OF THE COUNCIL.
(a) Hearings.--
(1) In general.--The Council shall, for the purpose of
carrying out its responsibilities, conduct such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence, as the Council considers appropriate.
(2) Location.--In carrying out this part, the Council shall
conduct public hearings in different geographic areas of the
United States, both urban and rural, to receive the reports,
views, and analyses of a broad spectrum of experts and the
public on the establishment of voluntary national content
standards, voluntary national student performance standards,
voluntary national opportunity-to-learn standards, and
assessments or systems of assessments described in section
213(e).
(b) Information.--The Council may secure directly from any
department or agency of the Federal Government information
necessary to enable the Council to carry out this part. Upon
request of the Chairperson of the Council, the head of such
department or agency shall furnish such information to the
Council to the extent permitted by law.
(c) Postal Services.--The Council may use the United States
mail in the same manner and under the same conditions as
other departments and agencies of the Federal Government.
(d) Gifts; Use of Facilities.--The Council may--
(1) accept, administer, and utilize gifts or donations of
services, money, or property, whether real or personal,
tangible or intangible; and
(2) use the research, equipment, services, and facilities
of any department, agency, or instrumentality of the United
States, or of any State or political subdivision thereof with
the consent of such department, agency, instrumentality,
State or subdivision, respectively.
(e) Administrative Arrangements and Support.--
(1) In general.--The Secretary shall provide to the
Council, on a reimbursable basis, such administrative support
services as the Council may request.
(2) Contracts and other arrangements.--The Secretary, to
the extent appropriate and on a reimbursable basis, shall
enter into contracts and other arrangements that are
requested by the Council to help the Council compile and
analyze data or carry out other functions necessary to the
performance of the Council's responsibilities.
SEC. 216. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Council shall meet on a regular basis,
as necessary, at the call of the Chairperson of the Council
or a majority of its members.
(b) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
(c) Voting.--The Council shall take all action of the
Council by a majority vote of the total membership of the
Council, ensuring the right of the minority to issue written
views. No individual may vote or exercise any of the powers
of a member by proxy.
(d) Public Access.--The Council shall ensure public access
to its proceedings (other than proceedings, or portions of
proceedings, relating to internal personnel and management
matters) and shall make available to the public, at
reasonable cost, transcripts of such proceedings.
SEC. 217. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Council, without
regard to the provisions of title 5, United States Code,
relating to the appointment and compensation of officers or
employees of the United States, shall appoint a Director to
be paid at a rate not to exceed the rate of basic pay payable
for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--
(1) In general.--(A) The Director may appoint not more than
4 additional employees to serve as staff to the Council
without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service.
(B) The employees appointed under subparagraph (A) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the maximum rate of basic pay
payable for GS-15 of the General Schedule.
(2) Additional employees.--The Director may appoint
additional employees to serve as staff of the Council
consistent with title 5, United States Code.
(c) Experts and Consultants.--The Council may procure
temporary and intermittent services under section 3109(b) of
title 5, United States Code.
(d) Staff of Federal Agencies.--Upon the request of the
Council, the head of any department or agency of the Federal
Government may detail any of the personnel of such department
or agency to the Council to assist the Council in carrying
out its duties under this part.
SEC. 218. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANTS.
(a) Opportunity-To-Learn Development Grants.--
(1) In general.--The Secretary is authorized to award more
than one grant, on a competitive basis, to consortia of
individuals and organizations to enable such consortia to
develop voluntary national opportunity-to-learn standards,
and a listing of model programs for use, on a voluntary
basis, by States in--
(A) assessing the capacity and performance of individual
schools; and
(B) developing appropriate actions to be taken in the event
that the schools fail to achieve such standards.
(2) Composition of consortium.--To the extent possible,
each consortium described in paragraph (1) shall include the
participation of--
(A) Governors (other than Governors serving on the Goals
Panel);
(B) chief State school officers;
(C) teachers, especially teachers involved in the
development of content standards, and related services
personnel;
(D) principals;
(E) superintendents;
(F) State and local school board members;
(G) curriculum and school reform experts;
(H) parents;
(I) State legislators;
(J) representatives of businesses;
(K) representatives of higher education;
(L) representatives of regional accrediting associations;
(M) representatives of advocacy groups; and
(N) secondary school students.
(b) Applications.--Each consortium that desires to receive
a grant under this subsection shall submit an application to
the Secretary at such time, in such manner, and containing
such information and assurances as the Secretary may require.
(c) Award Consideration.--In establishing priorities and
selection criteria for awarding more than one grant under
this section, the Secretary shall give serious consideration
to the recommendations made by the Council pursuant to
section 213(c)(5)(A).
PART C--LEADERSHIP IN EDUCATIONAL TECHNOLOGY
SEC. 221. PURPOSES.
It is the purpose of this part to promote achievement of
the National Education Goals and--
(1) to provide leadership at the Federal level, through the
Department of Education, by developing a national vision and
strategy--
(A) to infuse technology and technology planning into all
educational programs and training functions carried out
within school systems at the State and local level;
(B) to coordinate educational technology activities among
the related Federal and State departments or agencies,
industry leaders, and interested educational and parental
organizations;
(C) to establish working guidelines to ensure maximum
interoperability nationwide and ease of access for the
emerging technologies so that no school system will be
excluded from the technological revolution; and
(D) to ensure that Federal technology-related policies and
programs facilitate the use of technology in education;
(2) to promote awareness of the potential of technology for
improving teaching and learning;
(3) to support State and local efforts to increase the
effective use of technology for education;
(4) to demonstrate ways in which technology can be used to
improve teaching and learning, and to help ensure that all
students have an equal opportunity to meet challenging State
education standards;
(5) to ensure the availability and dissemination of
knowledge (drawn from research and experience) that can form
the basis for sound State and local decisions about
investment in, and effective uses of, educational technology;
(6) to promote high-quality professional development
opportunities for teachers and administrators regarding the
integration of technology into instruction and
administration;
(7) to promote the effective uses of technology in existing
Federal education programs, such as chapter 1 of title I of
the Elementary and Secondary Education Act of 1965 and
vocational education programs; and
(8) to monitor, and disseminate information regarding,
advancements in technology to encourage the development of
effective educational uses of technology.
SEC. 222. FEDERAL LEADERSHIP.
(a) Activities Authorized.--
(1) In general.--In order to provide Federal leadership
that promotes higher student achievement through the use of
technology in education and to achieve the purposes of this
part, the Secretary, in consultation with the Office of
Science and Technology Policy, the National Science
Foundation, the Department of Commerce, the Department of
Energy, the National Aeronautics and Space Administration,
and other appropriate Federal departments or agencies, may
carry out activities designed to achieve the purposes of this
part.
(2) Transfer of funds.--For the purpose of carrying out
coordinated or joint activities to achieve the purposes of
this part, the Secretary may accept funds from, and transfer
funds to, other Federal departments or agencies.
(b) National Long-Range Technology Plan.--
(1) In general.--The Secretary shall develop and publish
within 12 months of the date of enactment of this Act, and
update when the Secretary determines appropriate, a national
long-range plan that supports the overall national technology
policy and carries out the purposes of this part.
(2) Plan requirements.--The Secretary shall--
(A) develop the national long-range plan in consultation
with other Federal departments or agencies, State and local
education practitioners and policymakers, experts in
technology and the educational applications of technology,
representatives of a distance learning consortia,
representatives of telecommunications partnerships receiving
assistance under the Star Schools Program Assistance Act, and
providers of technology services and products;
(B) transmit such plan to the President and to the
appropriate committees of the Congress; and
(C) publish such plan in a form that is readily accessible
to the public.
(3) Contents of the plan.--The national long-range plan
shall describe the Secretary's activities to promote the
purposes of this part, including--
(A) how the Secretary will encourage the effective use of
technology to provide all students the opportunity to achieve
challenging State content standards and challenging State
student performance standards, especially through programs
administered by the Department of Education;
(B) joint activities in support of the overall national
technology policy with other Federal departments or agencies,
such as the Office of Science and Technology Policy, the
National Endowment for the Humanities, the National Endowment
for the Arts, the National Aeronautics and Space
Administration, the National Science Foundation, and the
Departments of Commerce, Energy, Health and Human Services,
and Labor--
(i) to promote the use of technology in education, and
training and lifelong learning, including plans for the
educational uses of a national information infrastructure;
and
(ii) to ensure that the policies and programs of such
departments or agencies facilitate the use of technology for
educational purposes, to the extent feasible;
(C) how the Secretary will work with educators, State and
local educational agencies, and appropriate representatives
of the private sector to facilitate the effective use of
technology in education;
(D) how the Secretary will promote--
(i) higher achievement of all students through the
integration of technology into the curriculum;
(ii) increased access to the benefits of technology for
teaching and learning for schools with a high concentration
of children from low-income families;
(iii) the use of technology to assist in the implementation
of State systemic reform strategies;
(iv) the application of technological advances to use in
education; and
(v) increased opportunities for the professional
development of teachers in the use of new technologies;
(E) how the Secretary will determine, in consultation with
appropriate individuals, organizations, industries, and
agencies, the feasibility and desirability of establishing
guidelines to facilitate an easy exchange of data and
effective use of technology in education;
(F) how the Secretary will utilize the outcomes of the
evaluation undertaken pursuant to section 908 of the Star
Schools Program Assistance Act to promote the purposes of
this part; and
(G) the Secretary's long-range measurable goals and
objectives relating to the purposes of this part.
(c) Assistance.--The Secretary shall provide assistance to
the States to enable such States to plan effectively for the
use of technology in all schools throughout the State in
accordance with the purpose and requirements of section 316.
SEC. 223. OFFICE OF EDUCATIONAL TECHNOLOGY.
(a) Amendment to the Department of Education Organization
Act.--Title II of the Department of Education Organization
Act (20 U.S.C. 3411 et seq.) is amended by adding at the end
the following new section:
``office of educational technology
``Sec. 216. There shall be in the Department of Education
an Office of Educational Technology, to be administered by
the Director of Educational Technology. The Director of
Educational Technology shall report directly to the Secretary
and shall perform such additional functions as the Secretary
may prescribe. Such Office shall be established in accordance
with section 405A of the General Education Provisions Act.''.
(b) Amendment to the General Education Provisions Act.--
Part A of the General Education Provisions Act (20 U.S.C.
1221c et seq.) is amended by inserting after section 405 the
following new section:
``SEC. 405A. OFFICE OF EDUCATIONAL TECHNOLOGY.
``(a) Establishment.--The Secretary shall establish an
Office of Educational Technology (hereafter in this section
referred to as the `Office').
``(b) Functions of the Office.--The Director of the Office
of Educational Technology (hereafter in this section referred
to as the `Director'), through the Office, shall--
``(1) in support of the overall national technology policy
and in consultation with other Federal departments or
agencies which the Director determines appropriate, provide
leadership to the Nation in the use of technology to promote
achievement of the National Education Goals and to increase
opportunities for all students to achieve challenging State
content and challenging State student performance standards;
``(2) review all programs and training functions
administered by the Department and recommend policies in
order to promote increased use of technology and technology
planning throughout all such programs and functions;
``(3) review all relevant programs supported by the
Department to ensure that such programs are coordinated with
and support the national long-range technology plan developed
pursuant to this Act; and
``(4) perform such additional functions as the Secretary
may require.
``(c) Personnel.--The Director is authorized to select,
appoint, and employ such officers and employees as may be
necessary to carry out the functions of the Office, subject
to the provisions of title 5, United States Code (governing
appointments in the competitive service), and the provisions
of chapter 51 and subchapter III of chapter 53 of such title
(relating to classification and General Schedule pay rates.
``(d) Experts and Consultants.--The Secretary may obtain
the services of experts and consultants in accordance with
section 3109 of title 5, United States Code.''.
(c) Compensation of the director.--Section 5315 of title 5,
United States Code, is amended by adding at the end the
following:
``Director of the Office of Educational Technology.''.
SEC. 224. USES OF FUNDS.
(a) In General.--The Secretary shall use funds appropriated
pursuant to the authority of section 231(d) for activities
designed to carry out the purpose of this part, including--
(1) providing assistance to technical assistance providers
to enable such providers to improve substantially the
services such providers offer to educators regarding the
educational uses of technology, including professional
development;
(2) consulting with representatives of industry, elementary
and secondary education, higher education, and appropriate
experts in technology and the educational applications of
technology, in carrying out the activities assisted under
this part;
(3) research on, and the development of, guidelines to
facilitate maximum interoperability, efficiency and easy
exchange of data for effective use of technology in
education;
(4) research on, and the development of, educational
applications of the most advanced and newly emerging
technologies;
(5) the development, demonstration, and evaluation of
applications of existing technology in preschool education,
elementary and secondary education, training and lifelong
learning, and professional development of educational
personnel;
(6) the development and evaluation of software and other
products, including multimedia television programming, that
incorporate advances in technology and help achieve the
National Education Goals, challenging State content standards
and challenging State student performance standards;
(7) the development, demonstration, and evaluation of model
strategies for preparing teachers and other personnel to use
technology effectively to improve teaching and learning;
(8) the development of model programs that demonstrate the
educational effectiveness of technology in urban and rural
areas and economically distressed communities;
(9) research on, and the evaluation of, the effectiveness
and benefits of technology in education giving priority to
research on, and evaluation of, such effectiveness and
benefits in elementary and secondary schools;
(10) a biannual 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 and local governments may rely
for decisionmaking about the need for, and provision of,
appropriate technologies in schools, which assessment and
report shall use, to the extent possible, existing
information and resources;
(11) conferences on, and dissemination of information
regarding, the uses of technology in education;
(12) the development of model strategies to promote gender
equity in the use of technology;
(13) encouraging collaboration between the Department of
Education and other Federal agencies in the development,
implementation, evaluation and funding of applications of
technology for education, as appropriate; and
(14) such other activities as the Secretary determines will
meet the purposes of this part.
(b) Special Rules.--
(1) In general.--The Secretary shall carry out the
activities described in subsection (a) directly or by grant
or contract.
(2) Grants and contracts.--Each grant or contract under
this part shall be awarded--
(A) on a competitive basis; and
(B) pursuant to a peer review process.
SEC. 225. NON-FEDERAL SHARE.
(a) In General.--Subject to subsections (b) and (c), the
Secretary may require any recipient of a grant or contract
under this part to share in the cost of the activities
assisted under such grant or contract, which non-Federal
share shall be announced through a notice in the Federal
Register and may be in the form of cash or in-kind
contributions, fairly valued.
(b) Increase.--The Secretary may increase the non-Federal
share that is required of a recipient of a grant or contract
under this part after the first year such recipient receives
funds under such grant or contract.
(c) 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 part.
SEC. 226. OFFICE OF TRAINING TECHNOLOGY TRANSFER.
(a) Transfer.--
(1) In general.--The Office of Training Technology Transfer
as established under section 6103 of the Training Technology
Transfer Act of 1988 (20 U.S.C. 5093) is transferred to the
Office of Educational Technology.
(2) Technical amendment.--The first sentence of section
6103(a) of the Training Technology Transfer Act of 1988 (20
U.S.C. 5093(a)) is amended by striking ``Office of
Educational Research and Improvement'' and inserting ``Office
of Educational Technology''.
(b) Authorization of Appropriations.--The Training
Technology Transfer Act of 1988 (20 U.S.C. 5091 et seq.) is
amended by adding at the end the following new section:
``SEC. 6108. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated $3,000,000 for
fiscal year 1995, and such sums as may be necessary for each
of the fiscal years 1996 through 1999, to carry out this
chapter.''.
PART D--AUTHORIZATION OF APPROPRIATIONS
SEC. 231. AUTHORIZATION OF APPROPRIATIONS.
(a) National Education Goals Panel.--There are authorized
to be appropriated $3,000,000 for fiscal year 1994, and such
sums as may be necessary for each of the 4 succeeding fiscal
years, to carry out part A.
(b) National Education Standards and Improvement Council.--
There are authorized to be appropriated $3,000,000 for fiscal
year 1994, and such sums as may be necessary for each of the
4 succeeding fiscal years, to carry out part B.
(c) Opportunity-To-Learn Development Grants.--There are
authorized to be appropriated $1,000,000 for fiscal year
1994, and such sums as may be necessary for fiscal year 1995,
to carry out section 219.
(d) Leadership in Educational Technology.--There are
authorized to be appropriated $5,000,000 for the fiscal year
1994, and such sums as may be necessary for each of the
fiscal years 1995 through 1998, to carry out part C.
TITLE III--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
SEC. 301. FINDINGS.
The Congress finds that--
(1) all students can learn to high standards and must
realize their potential if the United States is to prosper;
(2) the reforms in education from 1977 through 1992 have
achieved some good results, but such reform efforts often
have been limited to a few schools or to a single part of the
educational system;
(3) leadership must come from teachers, related services
personnel, principals, and parents in individual schools, and
from policymakers at the local, State, tribal, and national
levels, in order for lasting improvements in student
performance to occur;
(4) simultaneous top-down and bottom-up education reform is
necessary to spur creative and innovative approaches by
individual schools to help all students achieve
internationally competitive standards;
(5) strategies must be developed by communities and States
to support the revitalization of all local public schools by
fundamentally changing the entire system of public education
through comprehensive, coherent, and coordinated improvement;
(6) parents, teachers and other local educators, and
business, community, and tribal leaders, must be involved in
developing system-wide improvement strategies that reflect
the needs of their individual communities;
(7) all students are entitled to teaching practices that
are in accordance with accepted standards of professional
practice and that hold the greatest promise of improving
student performance;
(8) all students are entitled to participate in a broad and
challenging curriculum and to have access to resources
sufficient to address other education needs;
(9) State and local education improvement efforts must
incorporate strategies for providing students and families
with coordinated access to appropriate social services,
health care, nutrition, early childhood education, and child
care to remove preventable barriers to learning and enhance
school readiness for all students;
(10) States and local educational agencies, working
together, must immediately set about developing and
implementing such system-wide improvement strategies if our
Nation is to educate all children to meet their full
potential and achieve the National Education Goals described
in title I;
(11) State and local systemic improvement strategies must
provide all students with effective mechanisms and
appropriate paths to the work force as well as to higher
education;
(12) businesses should be encouraged--
(A) to enter into partnerships with schools;
(B) to provide information and guidance to schools based on
the needs of area businesses for properly educated graduates
in general and on the need for particular workplace skills
that the schools may provide;
(C) to provide necessary education and training materials
and support; and
(D) to continue the lifelong learning process throughout
the employment years of an individual;
(13) the appropriate and innovative use of technology,
including distance learning, can be very effective in helping
to provide all students with the opportunity to learn and
meet high standards;
(14) Federal funds should be targeted to support State and
local initiatives, and to leverage State and local resources
for designing and implementing system-wide education
improvement plans; and
(15) quality education management services are being
utilized by local educational agencies and schools through
contractual agreements between local educational agencies or
schools and such businesses.
SEC. 302. PURPOSE.
It is the purpose of this title to--
(1) improve the quality of education for all students by
supporting a long-term, broad-based effort to provide
coherent and coordinated improvements in the system of
education throughout our Nation at the State and local
levels;
(2) provide new authorities and funding for our Nation's
school systems;
(3) not replace or reduce funding for existing Federal
education programs; and
(4) ensure that no State or local educational agency will
reduce its funding for education or for education reform on
account of receiving any funds under this title.
SEC. 303. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $400,000,000 for
the fiscal year 1994, and such sums as may be necessary for
each of the fiscal years 1995 through 1998, to carry out this
title.
SEC. 304. ALLOTMENT OF FUNDS.
(a) Reservations of Funds.--From funds appropriated
pursuant to the authority of section 303 in each fiscal year,
the Secretary--
(1) shall reserve a total of 1 percent to provide
assistance, in amounts determined by the Secretary--
(A) to the outlying areas;
(B) to the Secretary of the Interior to benefit Indian
students in schools operated or funded by the Bureau of
Indian Affairs; and
(C) to the Alaska Federation of Natives in cooperation with
the Alaska Native Education Council to benefit Alaska Native
students; and
(2) may reserve a total of not more than 4 percent for--
(A) national leadership activities under subsections (a),
(b) and (d) of section 313; and
(B) the costs of peer review of State improvement plans and
applications under this title.
(b) State Allotments.--From the amount appropriated under
section 303 and not reserved under subsection (a) in each
fiscal year the Secretary shall make allotments to State
educational agencies as follows:
(1) 50 percent of such amount shall be allocated in
accordance with the relative amounts each State would have
received under chapter 1 of title I of the Elementary and
Secondary Education Act of 1965 for the preceding fiscal year
if funds under such chapter in such preceding fiscal year
were not reserved for the outlying areas.
(2) 50 percent of such amount shall be allocated in
accordance with the relative amounts each State would have
received under part A of chapter 2 of title I of the
Elementary and Secondary Education Act of 1965 for the
preceding fiscal year if funds under such chapter in such
preceding fiscal year were not reserved for the outlying
areas.
(c) Reallotments.--If the Secretary determines that any
amount of a State educational agency's allotment for any
fiscal year under subsection (b) will not be needed for such
fiscal year by the State, the Secretary shall reallot such
amount to other State educational agencies that need
additional funds, in such manner as the Secretary determines
is appropriate.
(d) Maintenance of Effort.--Each recipient of funds under
this title, in utilizing the proceeds of an allotment
received under this title, shall maintain the expenditures of
such recipient for the activities assisted under this title
at a level equal to not less than the level of such
expenditures maintained by such recipient for the fiscal year
preceding the fiscal year for which such allotment is
received, except that provisions of this section shall not
apply in any fiscal year in which the amount appropriated to
carry out this title is less than the amount appropriated to
carry out this title in the preceding fiscal year.
(e) Supplement Not Supplant.--Each recipient of funds under
this title, may use the proceeds of an allotment received
under this title only so as to supplement and, to the extent
practicable, increase the level of funds that would, in the
absence of such Federal funds, be made available from non-
Federal sources for the activities assisted under this title.
SEC. 305. STATE APPLICATIONS.
(a) Application.--
(1) In general.--Each State educational agency that desires
to receive an allotment under this title shall submit an
application to the Secretary at such time and in such manner
as the Secretary may determine.
(2) Additional information.--In addition to the information
described in subsections (b) and (c), each such application
shall include--
(A) an assurance that the State educational agency will
cooperate with the Secretary in carrying out the Secretary's
responsibilities under section 313, and will comply with
reasonable requests of the Secretary for data related to the
State's progress in developing and implementing its State
improvement plan under this title;
(B) an assurance that State law provides adequate authority
to carry out each component of the State's improvement plan
developed, or to be developed, under section 306, or that
such authority will be sought; and
(C) such other assurances and information as the Secretary
may require.
(b) First Year.--A State educational agency's application
for the first year of assistance under this title shall--
(1) describe the process by which the State educational
agency will develop a school improvement plan that meets the
requirements of section 306; and
(2) describe how the State educational agency will use
funds received under this title for such year, including how
such agency will make subgrants to local educational agencies
in accordance with section 309(a), and how such agency will
use funds received under this title for education preservice
programs and professional development activities in
accordance with section 309(b).
(c) Subsequent Years.--A State educational agency's
application for the second year of assistance under this
title shall--
(1) cover the second through fifth years of the State's
participation;
(2) include a copy of the State's improvement plan that
meets the requirements of section 306, or if the State
improvement plan is not complete, a statement of the steps
the State will take to complete the plan and a schedule for
doing so; and
(3) include an explanation of how the State educational
agency will use funds received under this title, including
how such agency will make subgrants to local educational
agencies in accordance with section 309(a), and how such
agency will use such funds received under this title for
education preservice programs and professional development
activities in accordance with section 309(b).
SEC. 306. STATE IMPROVEMENT PLANS.
(a) Basic Scope of Plan.--Any State educational agency that
desires to receive an allotment under this title after its
first year of participation shall develop and implement a
State improvement plan for the improvement of elementary and
secondary education in the State.
(b) Plan Development.--
(1) In general.--A State improvement plan under this title
shall be developed by a broad-based State panel in
cooperation with the State educational agency and the
Governor. The panel shall include--
(A) the Governor and the chief State school officer, or
their designees;
(B) the chairperson of the State board of education and the
chairpersons of the appropriate authorizing committees of the
State legislature, or their designees;
(C) school teachers, related services personnel,
principals, and administrators who have successfully improved
student performance; and
(D) representatives of teachers' organizations,
organizations serving young children, parents, secondary
school students, business and labor leaders, community-based
organizations of demonstrated effectiveness, institutions of
higher education, private, nonprofit elementary and secondary
schools, local boards of education, State and local
officials, tribal agencies, as appropriate, and others.
(2) Appointment.--The Governor and the chief State school
officer shall each appoint half the members of the panel and
shall jointly select the Chairperson of the panel and the
representative of a private, nonprofit elementary and
secondary school described in paragraph (1)(D).
(3) Representation.--The membership of the panel shall be
geographically representative of the State and reflect the
diversity of the population of the State with regard to race,
ethnicity, gender and disability characteristics.
(4) Consultation.--The panel shall consult the Governor,
the chief State school officer, the State board of education,
and relevant committees of the State legislature in
developing the State improvement plan.
(5) Outreach.--The panel shall be responsible for
conducting a statewide, grassroots outreach process,
including conducting public hearings, to involve educators,
related services personnel, parents, local officials, tribal
government officials, as appropriate, individuals
representing private nonprofit elementary and secondary
schools, community and business leaders, citizens, children's
advocates, secondary school students, and others with a stake
in the success of students and their education system, and
who are representative of the diversity of the State and the
State's student population, including students of limited-
English proficiency, American Indian, Alaska Native, and
Native Hawaiian students, and students with disabilities, in
the development of the State improvement plan and in a
continuing dialogue regarding the need for and nature of
challenging standards for students and local and State
responsibilities for helping all students achieve such
standards in order to assure that the development and
implementation of the State improvement plan reflects local
needs and experiences and does not result in a significant
increase in paperwork for teachers.
(6) Procedure and approval.--The panel shall develop a
State improvement plan, provide opportunity for public
comment, and submit such plan to the State educational agency
for approval.
(7) Submission.--The State educational agency shall submit
the original State improvement plan developed by the panel
and the State improvement plan modified by such agency,
together with an explanation of any changes made by such
agency to the plan developed by the panel, to the Secretary
for approval.
(8) Matters not under the jurisdiction of the state
educational agency.--If any portion of a State improvement
plan addresses matters that, under State or other applicable
law, are not under the authority of the State educational
agency, the State educational agency shall obtain the
approval of, or changes to, such portion, with an explanation
thereof, from the Governor or other official responsible for
that portion before submitting such plan to the Secretary.
(9) Monitoring; revisions; reporting.--After approval of
the State improvement plan by the Secretary, the panel shall
be informed of progress on such plan by the State educational
agency, and such agency, in close consultation with teachers,
principals, administrators, advocates and parents in local
educational agencies and schools receiving funds under this
title, shall monitor the implementation and operation of such
plan. The panel shall review such plan, and based on the
progress described in the preceding sentence, determine if
revisions to such plan are appropriate and necessary. The
panel shall periodically report such determination to the
public.
(c) Teaching, Learning, Standards, and Assessments.--Each
State improvement plan shall establish strategies for meeting
the National Education Goals described in title I by
improving teaching and learning and students' mastery of
basic and advanced skills to achieve a higher level of
learning and academic accomplishment in English, math,
science, United States history, geography, foreign languages
and the arts, civics, government, economics, physics, and
other core curricula, and such strategies shall involve
broad-based and ongoing classroom teacher input, such as--
(1) a process for developing or adopting challenging State
content standards and challenging State student performance
standards for all students;
(2) a process for providing assistance and support to local
educational agencies and schools to strengthen the capacity
and responsibility of such agencies and schools to provide
all of their students the opportunity to meet challenging
State content standards and challenging State student
performance standards;
(3) a process for developing or recommending instructional
materials and technology to support and assist local
educational agencies and schools to provide all of their
students the opportunity to meet the challenging State
content standards and challenging State student performance
standards;
(4) a process for developing and implementing a valid,
fair, nondiscriminatory, and reliable assessment or system of
assessments--
(A) which assessment or system shall--
(i) be aligned with such State's content standards;
(ii) involve multiple measures of student performance;
(iii) provide for--
(I) the participation of all students with diverse learning
needs in such assessment or system; and
(II) the adaptations and accommodations necessary to permit
such participation;
(iv) be consistent with relevant, nationally recognized
professional and technical standards for such assessment or
system;
(v) be capable of providing coherent information about
student attainments relative to the State content standards;
and
(vi) support effective curriculum and instruction; and
(B) which process shall provide for monitoring the
implementation of such assessment, system or set and the
impact of such assessment, system or set on improved
instruction for all students; and
(5) a process for improving the State's system of teacher
and school administrator preparation and licensure, and of
continuing professional development programs, including the
use of technology at both the State and local levels, so that
all teachers, related services personnel, and administrators
develop the subject matter and pedagogical expertise needed
to prepare all students to meet the challenging standards
described in paragraph (1).
(d) Opportunity-To-Learn Strategies.--Each State
improvement plan shall establish strategies for providing all
students with an opportunity to learn.
(e) Accountability and Management.--Each State plan shall
establish strategies for improved accountability and
management of the education system of the State.
(f) Parental and Community Support and Involvement.--Each
State improvement plan shall describe comprehensive
strategies to involve communities, including community
representatives such as parents, businesses, institutions of
higher education, libraries, cultural institutions,
employment and training agencies, health and human service
agencies, intergenerational mentoring programs, and other
public and private nonprofit agencies that provide
nonsectarian social services, health care, child care, early
childhood education, and nutrition to students, in helping
all students meet the challenging State standards.
(g) Making the Improvements System-Wide.--In order to help
provide all students throughout the State the opportunity to
meet challenging State content standards and challenging
State student performance standards, each State improvement
plan shall describe the various strategies for ensuring that
all local educational agencies and schools within the State
are involved in developing and implementing needed
improvements within a specified period of time.
(h) Promoting Bottom-Up Reform.--Each State improvement
plan shall include strategies for ensuring that
comprehensive, systemic reform is promoted from the bottom up
in communities, local educational agencies, and schools, and
is guided by coordination and facilitation from State
leaders.
(i) Benchmarks and Timelines.--Each State improvement plan
shall include specific benchmarks of improved student
performance and of progress in implementing such plan, and
timelines against which the progress of the State in carrying
out such plan, including the elements described in
subsections (c) through (h), can be measured.
(j) Peer Review and Secretarial Approval.--
(1) In general.--(A) The Secretary shall review, within a
reasonable period of time, each State improvement plan
prepared under this section, and each application submitted
under section 305, through a peer review process involving
the assistance and advice of State and local education
policymakers, educators, classroom teachers, related services
personnel, experts on educational innovation and improvement,
parents, advocates, and other appropriate individuals. Such
peer review process shall be representative of the diversity
of the United States with regard to geography, race,
ethnicity, gender and disability characteristics. Such peer
review process shall include at least 1 site visit to each
State.
(B) Notwithstanding the provisions of subparagraph (A), in
the first year that a State educational agency submits an
application for assistance under this title the Secretary
shall not be required to--
(i) review such application through a peer review process;
and
(ii) conduct a site visit.
(2) Approval of plan.--The Secretary shall approve a State
improvement plan if--
(A) such plan is submitted to the Secretary not later than
2 years after the date the State educational agency receives
its first allotment under section 304(b); and
(B) the Secretary determines, after considering the peer
reviewers' comments, that such plan--
(i) reflects a widespread commitment within the State; and
(ii) holds reasonable promise of helping all students.
(3) Disapproval.--The Secretary shall not disapprove a
State's plan, or any State application submitted under
section 305, before offering the State--
(A) an opportunity to revise such plan or application; and
(B) a hearing.
(k) Amendments to Plan.--
(1) In general.--Each State educational agency shall
periodically review its State improvement plan and revise
such plan, as appropriate, in accordance with the process
described in subsection (b).
(2) Review.--The Secretary shall review any major amendment
to a State improvement plan and shall not disapprove any such
amendment before offering a State educational agency--
(A) an opportunity to revise such amendment; and
(B) a hearing.
(l) Preexisting State Plans and Panels.--
(1) In general.--If a State has developed a comprehensive
and systemic State improvement plan to help all students meet
challenging State content standards and challenging State
student performance standards, or any component of such plan,
that meets the intent and purposes of section 302, the
Secretary shall approve such plan or component
notwithstanding that such plan was not developed in
accordance with subsection (b), if--
(A) the Secretary determines that such approval would
further the purposes of State systemic education improvement;
and
(B) such plan ensures broad-based input from various
education, political, community, and other appropriate
representatives.
(2) Special rule.--(A) If, before the date of enactment of
this Act, a State has made substantial progress in developing
a plan that meets the intent and purposes of section 302, but
was developed by a panel that does not meet the requirements
of paragraphs (1) through (3) of subsection (b), the
Secretary shall, at the request of the Governor and the State
educational agency, treat such panel as meeting such
requirements for all purposes of this title if the Secretary
determines that there has been substantial public and
educator involvement in the development of such plan.
(B) If a State has not developed a State improvement plan
but has an existing panel which such State would like to use
for the purpose of developing such plan, then the Secretary
shall, at the request of the Governor and the State
educational agency, treat such panel as meeting the
requirements of paragraphs (1) through (3) of subsection (b)
for all purposes of this title if--
(i) the Secretary determines that such existing panel is
serving a similar such purpose; and
(ii) the composition of such existing panel would ensure
broad-based input from various education, political,
community, and other appropriate representatives.
SEC. 307. SECRETARY'S REVIEW OF APPLICATIONS; PAYMENTS.
(a) First Year.--The Secretary shall approve the State
educational agency's initial year application under section
305(b) if the Secretary determines that--
(1) such application meets the requirements of this title;
and
(2) there is a substantial likelihood that the State will
be able to develop and implement an education improvement
plan that complies with section 306.
(b) Second Through Fifth Years.--The Secretary shall
approve the State educational agency's renewal application
under section 305(c)(1) in the second through fifth years of
participation only if--
(1)(A) the Secretary has approved the State improvement
plan under section 306(j); or
(B) the Secretary determines that the State has made
substantial progress in developing its State improvement plan
and will implement such plan not later than the end of the
second year of participation; and
(2) the application meets the other requirements of this
title.
(c) Payments.--For any fiscal year for which a State has an
approved application under this title, the Secretary shall
provide an allotment to the State educational agency in the
amount determined under section 304(b).
SEC. 308. STATE USE OF FUNDS.
(a) First Year.--In the first year for which a State
educational agency receives an allotment under this title,
such agency--
(1) if the amount appropriated pursuant to the authority of
section 303 for such year is equal to or greater than
$200,000,000, shall use at least 75 percent of such allotted
funds to award subgrants--
(A) to local educational agencies for the development or
implementation of local improvement plans in accordance with
section 309(a); and
(B) to improve educator and related services personnel
preservice programs and for professional development
activities consistent with the State improvement plan and in
accordance with section 309(b);
(2) if the amount appropriated pursuant to the authority of
section 303 for such year is equal to or greater than
$100,000,000, but less than $200,000,000, shall use at least
50 percent of such allotted funds to award subgrants
described in subparagraphs (A) and (B) of paragraph (1);
(3) if the amount appropriated pursuant to the authority of
section 303 for such year is less than $100,000,000, may use
such allotted funds to award subgrants described in
subparagraphs (A) and (B) of paragraph (1); and
(4) shall use any such allotted funds not used in
accordance with paragraphs (1), (2), and (3) to develop,
revise, expand, or implement a State improvement plan
described in section 306.
(b) Succeeding Years.--Each State educational agency that
receives an allotment under this title for any year after the
first year of participation shall--
(1) use at least 85 percent of such allotment funds in each
such year to make subgrants--
(A) for the implementation of the State improvement plan
and of local improvement plans in accordance with section
309(a); and
(B) to improve educator and related services personnel
preservice programs and for professional development
activities that are consistent with the State improvement
plan in accordance with section 309(b); and
(2) shall use the remainder of such allotted funds for
State activities designed to implement the State improvement
plan, such as--
(A) supporting the development or adoption of challenging
State content standards, challenging State student
performance standards, comprehensive State opportunity-to-
learn standards, and assessment tools linked to the
standards, including activities assisted--
(i) through consortia of States; or
(ii) with the assistance of the National Education
Standards and Improvement Council established under part B of
title II;
(B) supporting the implementation of high-performance
management and organizational strategies, such as site-based
management, shared decisionmaking, or quality management
principles, to promote effective implementation of such plan;
(C) supporting the development and implementation, at the
local educational agency and school building level, of
improved human resource development systems for recruiting,
selecting, mentoring, supporting, evaluating and rewarding
educators;
(D) providing special attention to the needs of minority,
disabled, and female students, including instructional
programs and activities that encourage such students in
elementary and secondary schools to aspire to enter and
complete postsecondary education or training;
(E) supporting innovative and proven methods of enhancing a
teacher's ability to identify student learning needs, and
motivating students to develop higher order thinking skills,
discipline, and creative resolution methods, including
significantly reducing class size and promoting instruction
in chess;
(F) supporting the development, at the State or local
level, of performance-based accountability and incentive
systems for schools;
(G) outreach to and training for parents, tribal officials,
organizations serving young children, classroom teachers,
related services personnel, and other educators, and the
public, related to education improvement;
(H) 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 new assessments or systems of assessments
described in the State improvement plan developed in
accordance with section 306, and develop curricula consistent
with the challenging State content standards and challenging
State student performance standards;
(I) promoting mechanisms for increasing public school
choice, including information and referral programs which
provide parents information on available choices and other
initiatives to promote the establishment of innovative new
public schools, including magnet schools and charter schools;
(J) supporting activities relating to the planning of,
start-up costs associated with, and evaluation of, projects
under which local educational agencies or schools contract
with private management organizations to reform a school;
(K) supporting intergenerational mentoring programs; and
(L) collecting and analyzing data; and
(M) supporting the development, at the State or local
level, of school-based programs that restore discipline and
reduce violence in schools and communities, such as community
mobilization programs.
(c) Limit on Administrative Costs.--A State educational
agency that receives an allotment under this title in any
fiscal year shall use not more than 4 percent of such
allotment in such year, or $100,000, whichever is greater,
for administrative expenses, which administrative expenses
shall not include the expenses related to the activities of
the panel established under section 306(b)(1).
(d) Special Rule.--Any new public school established under
this title--
(1) shall be nonsectarian;
(2) shall not be affiliated with a nonpublic sectarian
school or religious institution; and
(3) shall operate under the authority of a State
educational agency or local educational agency.
SEC. 309. SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL
DEVELOPMENT.
(a) Subgrants to Local Educational Agencies.--
(1) In general.--(A) Each State educational agency, through
a competitive process, shall make subgrants to local
educational agencies to carry out the authorized activities
described in paragraph (4).
(B) Each subgrant described in subparagraph (A) shall be
for a project of sufficient duration and of sufficient size,
scope, and quality to carry out the purpose of this title
effectively.
(2) Application required.--Each local educational agency
desiring to receive a subgrant under this subsection shall
submit an application to the State educational agency that--
(A) is developed by a broad-based panel, appointed by the
local educational agency, that is representative of the
diversity of the students and community to be served with
regard to race, language, ethnicity, gender, disability and
socioeconomic characteristics, and includes teachers, related
services personnel, secondary school students, parents,
school administrators, business representatives, early
childhood educators, representatives of community-based
organizations, and others, as appropriate, and is approved by
the local educational agency, including any modifications the
local educational agency deems appropriate;
(B) includes, in the application submitted for the second
year of participation, a comprehensive local improvement plan
for school district-wide education improvement, directed at
enabling all students to meet high academic standards,
including specific goals and benchmarks, and includes a
strategy for--
(i) ensuring that all students have a fair opportunity to
learn;
(ii) improving teaching and learning;
(iii) improving governance and management;
(iv) generating and maintaining parental and community
involvement; and
(v) expanding improvements throughout the local educational
agency;
(C) describes how the local educational agency will
encourage and assist schools to develop and implement
comprehensive school improvement plans that focus on helping
all students meet high academic standards and that address
each element of the local educational agency's local
improvement plan described in subparagraph (B);
(D) describes how the local educational agency will
implement specific programs aimed at ensuring improvements in
school readiness and the ability of students to learn
effectively at all grade levels by identifying the most
pressing needs facing students and their families with regard
to social services, health care, nutrition, and child care,
and entering into partnerships with public and private
nonprofit agencies to increase the access of students and
families to coordinated nonsectarian services in a school
setting or at a nearby site;
(E) describes how the subgrant funds will be used by the
local educational agency, and the procedures to be used to
make funds available to schools in accordance with paragraph
(4)(A);
(F) identifies, with an explanation, any State or Federal
requirements that the local educational agency believes
impede educational improvement and that such agency requests
be waived in accordance with section 311, which requests
shall promptly be transmitted to the Secretary by the State
educational agency; and
(G) contains such other information as the State
educational agency may reasonably require.
(3) Monitoring.--The panel described in paragraph (2)(A),
after approval of the local educational agency's application
by the State educational agency, shall be informed of
progress on such plan by the local educational agency, and
the local educational agency shall monitor the implementation
and effectiveness of the local improvement plan in close
consultation with teachers, related services personnel,
principals, administrators, and parents from schools
receiving funds under this title, as well as assure that
implementation of the local improvement plan does not result
in a significant increase in paperwork for teachers. The
panel shall review such plan and based on the progress
described in the preceding sentence, determine if revisions
to the local improvement plan should be recommended to the
local educational agency. The panel shall periodically report
such determination to the public.
(4) Authorized activities.--A local educational agency that
receives a subgrant under this subsection--
(A) in the first year such agency receives the subgrant
shall use--
(i) not more than 25 percent of the subgrant funds to
develop a local improvement plan or for any local educational
agency activities approved by the State educational agency
that are reasonably related to carrying out the State or
local improvement plans, including the establishment of
innovative new public schools; and
(ii) not less than 75 percent of the subgrant funds to
support individual school improvement initiatives related to
providing all students in the school the opportunity to meet
high academic standards; and
(B) in subsequent years, shall use the subgrant funds for
any activities approved by the State educational agency that
are reasonably related to carrying out the State or local
improvement plans (including the establishment of innovative
new public schools), except that at least 85 percent of such
funds shall be made available to individual schools to
develop and implement comprehensive school improvement plans
designed to help all students meet high academic standards.
(b) Subgrants for Preservice Teacher Education and
Professional Development Activities.--
(1) In general.--(A) Each State educational agency, through
a competitive, peer review process, shall make subgrants to a
local educational agency, or a consortium consisting of local
educational agencies, institutions of higher education, or
nonprofit education organizations, or any combination
thereof, in order to--
(i) improve preservice teacher and related services
personnel education programs in accordance with the State
improvement plan; and
(ii) support continuing, sustained professional development
activities for educators in accordance with the State
improvement plan.
(B) Each State educational agency awarding subgrants under
subparagraph (A) shall give priority to awarding such
subgrants to--
(i) a local educational agency or consortium serving a
greater number or percentage of disadvantaged students than
the statewide average of such number or percentage; or
(ii) a consortium that has a demonstrated record of working
with school districts, such as a consortium that--
(I) prepares and screens teacher interns in professional
development school sites;
(II) focuses on upgrading teachers' knowledge of content
areas; or
(III) targets preparation and continued professional
development of teachers of students with limited-English
proficiency and students with disabilities.
(C) In order to be eligible to receive a subgrant described
in subparagraph (A), a consortium shall include at least 1
local educational agency.
(2) Application.--A local educational agency or consortium
that desires to receive a subgrant under this subsection
shall submit an application to the State educational agency
that--
(A) describes how the local educational agency or
consortium will use the subgrant to improve teacher
preservice and school administrator education programs or to
implement educator and related services personnel
professional development activities in accordance with the
State improvement plan;
(B) identifies the criteria to be used by the local
educational agency or consortium to judge improvements in
preservice education or the effects of professional
development activities in accordance with the State
improvement plan; and
(C) contains any other information that the State
educational agency determines is appropriate.
(3) Authorized activities.--A recipient of a subgrant under
this subsection shall use the subgrant funds for activities
supporting--
(A) the improvement of preservice teacher education and
school administrator programs so that such programs equip
educators with the subject matter and pedagogical expertise
necessary for preparing all students to meet challenging
standards; or
(B) the development and implementation of new and improved
forms of continuing and sustained professional development
opportunities for teachers, related services personnel,
principals, and other educators at the school or school
district level that equip such individuals with such
expertise, and with other knowledge and skills necessary for
leading and participating in continuous education
improvement.
(c) Special Award Rules.--
(1) In general.--(A) Each State educational agency shall
award at least 65 percent of subgrant funds under subsection
(a) in each fiscal year to local educational agencies that
have a greater percentage or number of disadvantaged children
than the statewide average percentage or number for all local
educational agencies in the State.
(B) At least 50 percent of the subgrant funds made
available by a local educational agency to individual schools
under subsection (a) in any fiscal year shall be made
available to schools with a special need for assistance, as
indicated by a high number or percentage of students from
low-income families, low student achievement, or other
similar criteria developed by the local educational agency.
(2) Waiver.--The State educational agency may waive the
requirement of paragraph (1)(A) if such agency does not
receive a sufficient number of applications from local
educational agencies in the State to enable the State
educational agency to comply with such requirement.
SEC. 310. AVAILABILITY OF INFORMATION AND TRAINING.
Proportionate to the number of children in a State or in a
local educational agency who are enrolled in private
elementary or secondary schools--
(1) a State educational agency or local educational agency
which uses funds under this title to develop goals,
challenging State content standards or challenging State
student performance standards, curricular materials, and
assessments or systems of assessments shall, upon request,
make information related to such goals, standards, materials,
and assessments or systems available to private schools; and
(2) a State educational agency or local educational agency
which uses funds under this title for teacher and
administrator training shall provide in the State improvement
plan described in section 306 for the training of teachers
and administrators in private schools located in the
geographical area served by such agency.
SEC. 311. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) Waiver Authority.--
(1) In general.--Except as provided in subsection (c), the
Secretary may waive any statutory or regulatory requirement
applicable to any program or Act described in subsection (b)
for a State educational agency, local educational agency, or
school, if--
(A) and only to the extent that, the Secretary determines
that such requirement impedes the ability of the State, or of
a local educational agency or school in the State, to carry
out the State or local improvement plan;
(B) the State educational agency has waived, or agrees to
waive, similar requirements of State law;
(C) in the case of a statewide waiver, the State
educational agency--
(i) provides all local educational agencies in the State
with notice and an opportunity to comment on the State
educational agency's proposal to seek a waiver; and
(ii) submits the local educational agencies' comments to
the Secretary; and
(D) in the case of a local educational agency waiver, the
local educational agency provides parents, community groups,
and advocacy or civil rights groups with the opportunity to
comment on the proposed waiver.
(2) Application.--(A)(i) To request a waiver, a local
educational agency or school that receives funds under this
Act, or a local educational agency or school that does not
receive funds under this Act but is undertaking school reform
efforts and has an education reform plan approved by the
State, shall transmit an application for a waiver under this
section to the State educational agency. The State
educational agency then shall submit approved applications
for a waiver under this section to the Secretary.
(ii) A State educational agency requesting a waiver under
this section shall submit an application for such waiver to
the Secretary.
(B) Each application submitted to the Secretary under
subparagraph (A) shall--
(i) describe the purposes and overall expected outcomes of
the request for a waiver and how progress for achieving such
outcomes will be measured;
(ii) identify each Federal program to be involved in the
request for a waiver and each Federal statutory or regulatory
requirement to be waived;
(iii) describe each State and local requirement that will
be waived; and
(iv) demonstrate that the State has made a commitment to
waive related requirements pertaining to the State
educational agency, local educational agency or school.
(3) Timeliness.--The Secretary shall act promptly on a
waiver request and shall provide a written statement of the
reasons for granting or denying such request.
(4) Duration.--
(A) In general.--Each waiver under this section may be for
a period not to exceed 5 years.
(B) Extension.--The Secretary may extend the period
described in subparagraph (A) if the Secretary determines
that the waiver has been effective in enabling the State or
affected local educational agencies to carry out their reform
plans.
(b) Included Programs.--The statutory or regulatory
requirements subject to the waiver authority of this section
are any such requirements under the following programs or
Acts:
(1) Chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, including Even Start.
(2) Part A of chapter 2 of title I of the Elementary and
Secondary Education Act of 1965.
(3) The Dwight D. Eisenhower Mathematics and Science
Education Act.
(4) The Emergency Immigrant Education Act of 1984.
(5) The Drug-Free Schools and Communities Act of 1986.
(6) The Carl D. Perkins Vocational and Applied Technology
Education Act.
(c) Waivers Not Authorized.--The Secretary may not waive
any statutory or regulatory requirement of the programs or
Acts described in subsection (b)--
(1) relating to--
(A) maintenance of effort;
(B) comparability of services;
(C) the equitable participation of students and
professional staff in private schools;
(D) parental participation and involvement; and
(E) the distribution of funds to States or to local
educational agencies; and
(2) unless the underlying purposes of the statutory
requirements of each program or Act for which a waiver is
granted continue to be met to the satisfaction of the
Secretary.
(d) Termination of Waivers.--The Secretary shall
periodically review the performance of any State, local
educational agency, or school for which the Secretary has
granted a waiver and shall terminate the waiver if the
Secretary determines that the performance of the State, the
local educational agency, or the school in the area affected
by the waiver has been inadequate to justify a continuation
of the waiver.
(e) Flexibility Demonstration.--
(1) Short title.--This subsection may be cited as the
``Education Flexibility Partnership Demonstration Act''.
(2) Program authorized.--
(A) In general.--The Secretary shall carry out an education
flexibility demonstration program under which the Secretary
authorizes not more than 6 eligible States to waive any
statutory or regulatory requirement applicable to any program
or Act described in subsection (b), other than requirements
described in subsection (c), for such eligible State or any
local educational agency or school within such State.
(B) Award rule.--In carrying out subparagraph (A), the
Secretary shall select for participation in the demonstration
program described in subparagraph (A) three eligible States
that each have a population of 3,500,000 or greater and three
eligible States that each have a population of less than
3,500,000, determined in accordance with the most recent
decennial census of the population performed by the Bureau of
the Census.
(C) Designation.--Each eligible State participating in the
demonstration program described in subparagraph (A) shall be
known as an ``Ed-Flex Partnership State''.
(3) Eligible state.--For the purpose of this subsection the
term ``eligible State'' means a State that--
(A) has developed a State improvement plan under section
306 that is approved by the Secretary; and
(B) waives State statutory or regulatory requirements
relating to education while holding local educational
agencies or schools within the State that are affected by
such waivers accountable for the performance of the students
who are affected by such waivers.
(4) State application.--(A) Each eligible State desiring to
participate in the education flexibility demonstration
program under this subsection 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 demonstrate that the eligible
State has adopted an educational flexibility plan for such
State that includes--
(i) a description of the process the eligible State will
use to evaluate applications from local educational agencies
or schools requesting waivers of--
(I) Federal statutory or regulatory requirements described
in paragraph (2)(A); and
(II) State statutory or regulatory requirements relating to
education; and
(ii) a detailed description of the State statutory and
regulatory requirements relating to education that the
eligible State will waive.
(B) The Secretary may approve an application described in
subparagraph (A) only if the Secretary determines that such
application demonstrates substantial promise of assisting the
eligible State and affected local educational agencies and
schools within such State in carrying out comprehensive
educational reform and otherwise meeting the purposes of this
Act, after considering--
(i) the comprehensiveness and quality of the educational
flexibility plan described in subparagraph (A);
(ii) the ability of such plan to ensure accountability for
the activities and goals described in such plan;
(iii) the significance of the State statutory or regulatory
requirements relating to education that will be waived; and
(iv) the quality of the eligible State's process for
approving applications for waivers of Federal statutory or
regulatory requirements described in paragraph (2)(A) and for
monitoring and evaluating the results of such waivers.
(5) Local application.--(A) Each local educational agency
or school requesting a waiver of a Federal statutory or
regulatory requirement described in paragraph (2)(A) and any
relevant State statutory or regulatory requirement from an
eligible State shall submit an application to such State at
such time, in such manner, and containing such information as
such State may reasonably require. Each such application
shall--
(i) indicate each Federal program affected and the
statutory or regulatory requirement that will be waived;
(ii) describe the purposes and overall expected outcomes of
waiving each such requirement;
(iii) describe for each school year specific, measurable,
educational goals for each local educational agency or school
affected by the proposed waiver; and
(iv) explain why the waiver will assist the local
educational agency or school in reaching such goals.
(B) An eligible State shall evaluate an application
submitted under subparagraph (A) in accordance with the
State's educational flexibility plan described in paragraph
(4)(A).
(C) An eligible State shall not approve an application for
a waiver under this paragraph unless--
(i) the local educational agency or school requesting such
waiver has developed a local reform plan that is applicable
to such agency or school, respectively; and
(ii) the waiver of Federal statutory or regulatory
requirements described in paragraph (2)(A) will assist the
local educational agency or school in reaching its
educational goals.
(6) Monitoring.--Each eligible State participating in the
demonstration program under this subsection shall annually
monitor the activities of local educational agencies and
schools receiving waivers under this subsection and shall
submit an annual report regarding such monitoring to the
Secretary.
(7) Duration of federal waivers.--(A) The Secretary shall
not approve the application of an eligible State under
paragraph (4) for a period exceeding 5 years, except that the
Secretary may extend such period if the Secretary determines
that the eligible State's authority to grant waivers has been
effective in enabling such State or affected local
educational agencies or schools to carry out their local
reform plans.
(B) The Secretary shall periodically review the performance
of any eligible State granting waivers of Federal statutory
or regulatory requirements described in paragraph (2)(A) and
shall terminate such State's authority to grant such waivers
if the Secretary determines, after notice and opportunity for
hearing, that such State's performance has been inadequate to
justify continuation of such authority.
(f) Results-Oriented Accountability.--In deciding whether
to extend a request for a waiver under this section the
Secretary shall review the progress of the State educational
agency, local educational agency or school receiving a waiver
to determine if such agency or school has made progress
toward achieving the outcomes described in the application
submitted pursuant to subsection (a)(2)(B)(i).
SEC. 312. PROGRESS REPORTS.
(a) State Reports to the Secretary.--Each State educational
agency that receives an allotment under this title shall
annually report to the Secretary--
(1) on the State's progress in meeting the State's goals
and plans;
(2) on the State's proposed activities for the succeeding
year; and
(3) in summary form, on the progress of local educational
agencies in meeting local goals and plans.
(b) Secretary's Reports to Congress.--By April 30, 1996,
and every 2 years thereafter, the Secretary shall submit a
report to the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate describing--
(1) the activities assisted under, and outcomes of, grants
or contracts under paragraph (2) of section 313(b),
including--
(A) a description of the purpose, uses, and technical merit
of assessments evaluated with funds awarded under such
paragraph; and
(B) an analysis of the impact of such assessments on the
performance of students, particularly students of different
racial, gender, ethnic, or language groups and individuals
with disabilities;
(2) the activities assisted under, and outcomes of,
allotments under this title; and
(3) the effect of waivers granted under section 311,
including--
(A) a listing of all State educational agencies, local
educational agencies and schools seeking and receiving
waivers;
(B) a summary of the State and Federal statutory or
regulatory requirements that have been waived, including the
number of waivers sought and granted under each such
statutory or regulatory requirement;
(C) a summary of waivers that have been terminated,
including a rationale for the terminations; and
(D) recommendations to the Congress regarding changes in
statutory or regulatory requirements, particularly those
actions that should be taken to overcome Federal statutory or
regulatory impediments to education reform.
(c) Technical and Other Assistance Regarding School Finance
Equity.--
(1) Technical assistance.--(A) From the national leadership
funds reserved in section 304(a)(2)(A), the Secretary is
authorized to make grants to, and enter into contracts and
cooperative agreements with, State educational agencies and
other public and private agencies, institutions, and
organizations to provide technical assistance to State and
local educational agencies to assist such agencies in
achieving a greater degree of equity in the distribution of
financial resources for education among local educational
agencies in the State.
(B) A grant, contract or cooperative agreement under this
subsection may support technical assistance activities, such
as--
(i) the establishment and operation of a center or centers
for the provision of technical assistance to State and local
educational agencies;
(ii) the convening of conferences on equalization of
resources within local educational agencies, within States,
and among States; and
(iii) obtaining advice from experts in the field of school
finance equalization.
(2) Data.--Each State educational agency or local
educational agency receiving assistance under the Elementary
and Secondary Education Act of 1965 shall provide such data
and information on school finance as the Secretary may
require to carry out this subsection.
(3) Models.--The Secretary is authorized, directly or
through grants, contracts, or cooperative agreements, to
develop and disseminate models and materials useful to States
in planning and implementing revisions of the school finance
systems of such States.
SEC. 313. NATIONAL LEADERSHIP.
(a) Technical Assistance and Integration of Standards.--
From funds reserved in each fiscal year under section
304(a)(2)(A), the Secretary may, directly or through grants
or contracts--
(1) provide technical assistance to States, local
educational agencies, and tribal agencies developing or
implementing school improvement plans, in a manner that
ensures that such assistance is broadly available; or
(2) support model projects to integrate multiple content
standards, if--
(A) such standards are certified by the National Education
Standards and Improvement Council and approved by the
National Goals Panel for different subject areas, in order to
provide balanced and coherent instructional programs for all
students; and
(B) such projects are appropriate for a wide range of
diverse circumstances, localities (including both urban and
rural communities), and populations.
(b) Innovative Programs; Assessment; Evaluation.--From not
more than 50 percent of the funds reserved in each fiscal
year under section 304(a)(2)(A), the Secretary, directly or
through grants or contracts, shall--
(1) provide urban and rural local educational agencies,
schools, or consortia thereof, with assistance for innovative
or experimental programs in systemic education reform that
are not being undertaken through grants provided under
section 309(a), giving special consideration or priority to
local educational agencies, schools, or consortia thereof
that serve large numbers or concentrations of economically
disadvantaged students, including students of limited-English
proficiency; or
(2) provide a State or local educational agency, nonprofit
organization or consortium thereof with assistance to help
defray the cost of developing, field testing and evaluating
an assessment or system of assessments with a priority on
grants or contracts for limited-English proficiency students
or students with disabilities, if--
(A) such assessment or system--
(i) is to be used for some or all of the purposes described
in section 213(e)(1)(B); and
(ii) is aligned to State content standards certified by the
National Education Standards and Improvement Council; and
(B) such agency, organization or consortium--
(i) examines the validity, reliability, and fairness of
such assessment or system, for the particular purposes for
which such assessment or system was developed; and
(ii) devotes special attention to how such assessment or
system treats all students, especially with regard to the
race, gender, ethnicity, disability and language proficiency
of such students.
(c) Data and Dissemination.--The Secretary shall--
(1) gather data on, conduct research on, and evaluate
systemic education improvement, including the programs
authorized by this title; and
(2) disseminate research findings and other information on
outstanding examples of systemic education improvement in
States and local communities through existing dissemination
systems within the Department of Education, including through
publications, electronic and telecommunications mediums,
conferences, and other means.
SEC. 314. ASSISTANCE TO THE OUTLYING AREAS AND TO THE
SECRETARY OF THE INTERIOR.
(a) Outlying Areas.--
(1) In general.--Funds reserved for the outlying areas in
each fiscal year under section 304(a)(1)(A) shall be made
available to, and expended by, such areas, under such
conditions and in such manner as the Secretary determines
will best meet the purposes of this title.
(2) Inapplicability of public law 95-134.--The provisions
of Public Law 95-134, permitting the consolidation of grants
to the Insular Areas, shall not apply to funds received by
such areas under this title.
(b) Secretary of the Interior.--The funds reserved by the
Secretary for the Secretary of the Interior under section
304(a)(1)(B) shall be made available to the Secretary of the
Interior pursuant to an agreement between the Secretary and
the Secretary of the Interior containing such terms and
assurances, consistent with this title, as the Secretary
determines will best achieve the purpose of this title.
(c) Secretary of Defense.--The Secretary shall consult with
the Secretary of Defense to ensure that, to the extent
practicable, the purposes of this title are applied to the
Department of Defense schools.
SEC. 315. CLARIFICATION REGARDING STATE STANDARDS AND
ASSESSMENTS.
Notwithstanding any other provision of this title,
standards, assessments, and systems of assessments described
in a State improvement plan submitted in accordance with
section 306 shall not be required to be certified by the
Council.
SEC. 316. STATE PLANNING FOR IMPROVING STUDENT ACHIEVEMENT
THROUGH INTEGRATION OF TECHNOLOGY INTO THE
CURRICULUM.
(a) Purpose.--It is the purpose of this section to assist
each State to plan effectively for improved student learning
in all schools through the use of technology as an integral
part of the State improvement plan described in section 306.
(b) Program Authorized.--
(1) Authority.--The Secretary shall award grants in
accordance with allocations under paragraph (2) to each State
educational agency that, as part of its application under
section 305, requests a grant to develop (or continue the
development of), and submits as part of the State improvement
plan described in section 306, a systemic statewide plan to
increase the use of state-of-the-art technologies that
enhance elementary and secondary student learning and staff
development in support of the National Education Goals and
challenging standards.
(2) Formula.--From the amount appropriated pursuant to the
authority of subsection (f) in each fiscal year, each State
educational agency with an application approved under section
305 shall receive a grant under paragraph (1) in such year in
an amount determined on the same basis as allotments are made
to State educational agencies under subsections (b) and (c)
of section 304 for such year, except that each such State
shall receive at least 1\1/2\ percent of the amount
appropriated pursuant to such authority or $75,000, whichever
is greater.
(3) Duration.--A State educational agency may receive
assistance under this section for not more than 2 fiscal
years.
(c) Plan Objectives.--Each State educational agency shall
use funds received under this section to develop and, if the
Secretary has approved the systemic statewide plan, to
implement such plan. Such plan shall have as its objectives--
(1) the promotion of higher student achievement through the
use of technology in education;
(2) the participation of all schools and school districts
in the State, especially those schools and districts with a
high percentage of disadvantaged students;
(3) the development and implementation of a cost-effective,
high-speed, statewide, interoperable, wide-area-communication
educational technology support system for elementary and
secondary schools within the State, particularly for such
schools in rural areas; and
(4) the promotion of shared usage of equipment, facilities,
and other technology resources by adult learners during
after-school hours.
(d) Plan Requirements.--At a minimum, each systemic
statewide plan shall--
(1) be developed by a task force that--
(A) includes among its members experts in the educational
use of technology and representatives of the State panel
described in section 306(b); and
(B) ensures that such plan is integrated into the State
improvement plan described in section 306;
(2) be developed in collaboration with the Governor,
representatives of the State legislature, the State board of
education, institutions of higher education, appropriate
State agencies, local educational agencies, public and
private telecommunication entities, parents, public and
school libraries, students, adult literacy providers, and
leaders in the field of technology, through a process of
statewide grassroots outreach to local educational agencies
and schools in the State;
(3) identify and describe the requirements for introducing
state-of-the-art technologies into the classroom and school
library in order to enhance educational curricula, including
the installation and ongoing maintenance of basic
connections, hardware and the necessary support materials;
(4) describe how the application of advanced technologies
in the schools will enhance student learning, provide greater
access to individualized instruction, promote the strategies
described in section 306(d), and help make progress toward
the achievement of the National Education Goals;
(5) describe how the ongoing training of educational
personnel will be provided;
(6) describe the resources necessary, and procedures, for
providing ongoing technical assistance to carry out such
plan;
(7) provide for the dissemination on a statewide basis of
exemplary programs and practices relating to the use of
technology in education;
(8) establish a funding estimate (including a statement of
likely funding sources) and a schedule for the development
and implementation of such plan;
(9) describe how the State educational agency will assess
the impact of implementing such plan on student achievement
and aggregate achievement for schools;
(10) describe how the State educational agency and local
educational agencies in the State will coordinate and
cooperate with business and industry, and with public and
private telecommunications entities;
(11) describe how the State educational agency will promote
the purchase of equipment by local educational agencies that,
when placed in schools, will meet the highest possible level
of interoperability and open system design;
(12) describe how the State educational agency will
consider using existing telecommunications infrastructure and
technology resources;
(13) describe how the State educational agency will apply
the uses of technology to meet the needs of children from
low-income families; and
(14) describe the process through which such plan will be
reviewed and updated periodically.
(e) Reports.--Each State educational agency receiving a
grant under this section shall submit a report to the
Secretary within 1 year of the date such agency submits to
the Secretary its systemic statewide plan under this section.
Such report shall--
(1) describe the State's progress toward implementation of
the provisions of such plan;
(2) describe any revisions to the State's long-range plans
for technology;
(3) describe the extent to which resources provided
pursuant to such plan are distributed among schools to
promote the strategies described in section 306(d); and
(4) include any other information the Secretary deems
appropriate.
(f) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 for fiscal year 1994, and such
sums as may be necessary for fiscal year 1995, to carry out
this section.
TITLE IV--MISCELLANEOUS
SEC. 401. PUBLIC SCHOOLS.
Except as provided in section 310, nothing in this Act
shall be construed to authorize the use of funds under title
III of this Act to directly or indirectly benefit any school
other than a public school.
SEC. 402. CONSTRUCTION.
Nothing in this Act shall be construed--
(1) to supersede the provisions of section 103 of the
Department of Education Organization Act;
(2) to require the teaching of values or the establishment
of school-based clinics as a condition of receiving funds
under this Act;
(3) to mandate limitations or class size for a State, local
educational agency or school;
(4) to mandate a Federal teacher certification system for a
State, local educational agency or school;
(5) to mandate teacher instructional practices for a State,
local educational agency or school;
(6) to mandate equalized spending per pupil for a State,
local educational agency or school;
(7) to mandate national school building standards for a
State, local educational agency or school;
(8) to mandate curriculum content for a State, local
educational agency or school; and
(9) to mandate any curriculum framework, instructional
material, examination, assessment or system of assessments
for private, religious, or home schools.
SEC. 403. KALID ABDUL MOHAMMED.
It is the sense of the Senate that the speech made by Mr.
Khalid Abdul Mohammed at Kean College on November 29, 1993,
was false, anti-Semitic, racist, divisive, repugnant and a
disservice to all Americans and is therefore condemned.
SEC. 404. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND
CONTROL.
Nothing in this Act shall be construed to authorize an
officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's curriculum, program of instruction, or allocation of
State or local resources or mandate a State or any
subdivision thereof to spend any funds or incur any costs not
paid for under this Act.
SEC. 405. SCHOOL PRAYER.
No funds made available through the Department of Education
under this Act, or any other Act, shall be available to any
State of local educational agency which has a policy of
denying, or which effectively prevents participation in,
constitutionality protected prayer in public schools by
individuals on a voluntary basis. Neither the United States
nor any State nor any local educational agency shall require
any person to participate in prayer or influence the form or
content of any constitutionality protected prayer in such
public schools.
SEC. 406. DAILY SILENCE FOR STUDENTS.
It is the sense of the Senate that local educational
agencies should encourage a brief period of daily silence for
students for the purpose of contemplating their aspirations;
for considering what they hope and plan to accomplish that
day; for considering how their own actions of that day will
effect themselves and others around them, including their
schoolmates, friends and families; for drawing strength from
whatever personal, moral or religious beliefs or positive
values they hold; and for such other introspection and
reflection as will help them develop and prepare them for
achieving the goals of this Act.
SEC. 407. FUNDING FOR THE INDIVIDUALS WITH DISABILITIES
EDUCATION ACT.
(a) The Senate finds that--
(1) the Individuals with Disabilities Education Act was
established with the commitment of forty percent Federal
funding but currently receives only eight percent Federal
funding;
(2) this funding shortfall is particularly burdensome to
school districts and schools in low-income areas which serve
higher than average proportions of students with disabilities
and have fewer local resources to contribute; and
(3) it would cost the Federal Government approximately
$10,000,000,000 each year to fully fund the Individuals with
Disabilities Education Act.
(b) It is the sense of the Senate that the Federal
Government should provide States and communities with
adequate resources under the Individuals with Disabilities
Education Act as soon as reasonably possible, through the
reallocation of funds within the current budget monetary
constraints.
SEC. 408. NATIONAL BOARD FOR PROFESSIONAL TEACHING STANDARDS.
Section 551 of the Higher Education Act of 1965 (20 U.S.C.
1107) is amended--
(1) in paragraph (1) of subsection (b), by striking ``the
Federal share of'';
(2) in subparagraph (B) of subsection (e)(1), by striking
``share of the cost of the activities of the Board is'' and
inserting ``contributions described in subsection (f) are'';
and
(3) by amending subsection (f) to read as follows:
``(f) Matching Funds Requirement.--
``(1) In general.--The Secretary shall not provide
financial assistance under this subpart to the Board unless
the Board agrees to expend non-Federal contributions equal to
$1 for every $1 of the Federal funds provided pursuant to
such financial assistance.
``(2) Non-federal contributions.--The non-Federal
contributions described in paragraph (1)--
``(A) may include all non-Federal funds raised by the Board
on or after January 1, 1987; and
``(B) may be used for outreach, implementation,
administration, operation, and other costs associated with
the development and implementation of national teacher
assessment and certification procedures under this
subpart.''.
SEC. 409. FORGIVENESS OF CERTAIN OVERPAYMENTS.
(a) In General.--Notwithstanding section 1401 of the
Elementary and Secondary Education Act of 1965 or any other
provision of law--
(1) the allocation of funds appropriated for fiscal year
1993 under the Department of Education Appropriations Act,
1993, to Colfax County, New Mexico under section 1005 of the
Elementary and Secondary Education Act of 1965, and any other
allocations or grants for such fiscal year resulting from
such allocation to such county under any program administered
by the Secretary of Education, shall be deemed to be
authorized by law; and
(2) in any program for which allocations are based on
fiscal year 1993 allocations under section 1005 of such Act,
the fiscal year 1993 allocations under such section deemed to
be authorized by law in accordance with paragraph (1) shall
be used.
(b) Notwithstanding subsection (a)(1) of this section, in
carrying out section 1403(a) of the Elementary and Secondary
Education Act of 1965 for fiscal year 1994, the amount
allocated to Colfax County, New Mexico under section 1005 of
such Act for fiscal year 1993 shall be deemed to be the
amount that the Secretary determines would have been
allocated under such section 1005 had the correct data been
used for fiscal year 1993.
SEC. 410. STUDY OF GOALS 2000 AND STUDENTS WITH DISABILITIES.
(a) Study Required.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Education shall make
appropriate arrangements with the National Academy of
Sciences to conduct a comprehensive study of the inclusion of
children with disabilities in GOALS 2000 school reform
activities.
(2) Definition.--For purposes of this section, the term
``children with disabilities'' has the same meaning given
such in the Individuals with Disabilities Education Act.
(b) Study Components.--The study conducted under subsection
(a) shall include--
(1) an evaluation of the National Education Goals and
objectives, curriculum reforms, standards, and other programs
and activities intended to achieve those goals;
(2) a review of the adequacy of assessments and measures
used to gauge progress towards meeting National Education
Goals and any national and State standards, and an
examination of other methods or accommodations necessary or
desirable to collect data on the educational progress of
children with disabilities, and the costs of such methods and
accommodations;
(3) an examination of what incentives or assistance might
be provided to States to develop improvement plans that
adequately address the needs of children with disabilities;
(4) the relation of Goals 2000 to other Federal laws
governing or affecting the education of children with
disabilities; and
(5) such other issues as the National Academy of Sciences
considers appropriate.
(c) Study Panel Membership.--Any panel constituted in
furtherance of the study to be conducted under subsection (a)
shall include consumer representatives.
(d) Findings and Recommendations.--The Secretary of
Education shall request the National Academy of Sciences to
submit an interim report of its findings and recommendations
to the President and Congress not later than 12 months, and a
final report not later than 24 months, from the date of the
completion of procurement relating to the study.
(e) Funding.--From such accounts as the Secretary deems
appropriate, the Secretary shall make available $600,000 for
fiscal year 1994, and such sums as may be necessary for
fiscal year 1995, to carry out this section. Amounts made
available under this subsection shall remain available until
expended.
SEC. 411. MENTORING, PEER COUNSELING AND PEER TUTORING.
(a) Congressional Findings.--The Congress finds that--
(1) Mentoring, peer counseling and peer tutoring programs
provide role models for children and build self-esteem;
(2) Mentoring, peer counseling and peer tutoring programs
promote learning and help students attain the necessary
skills they need to excel academically;
(3) Mentoring, peer counseling, and peer tutoring programs
provide healthy and safe alternatives to involvement in
drugs, gangs or other violent activities; and
(4) Mentoring, peer counseling, and peer tutoring programs
promote school, community and parental involvement in the
livelihood and well-being of our children.
(b) Sense of the Congress.--Therefore, it is the Sense of
the Congress that Federal education programs that provide
assistance to elementary and secondary education students
should include authorizations for establishing mentoring,
peer counseling and peer tutoring programs.
SEC. 412. CONTENT AND PERFORMANCE STANDARDS.
It is the sense of the Senate that because high academic
standards are the key to excellence for all students and a
focus on results is an important direction for education
reform, it is the sense of the Senate that States should
develop their own content and performance standards in
academic subject areas as an essential part of their State
reform plan.
SEC. 413. STATE-SPONSORED HIGHER EDUCATION TRUST FUND SAVINGS
PLAN.
It is the sense of the Senate that--
(1) individuals should be encouraged to save to meet the
higher education costs of their children;
(2) an effective way to encourage those savings is through
State-sponsored higher education trust fund savings plans;
and
(3) an effective way for the Federal Government to assist
such plans is to amend the Federal tax laws to provide that--
(A) no tax is imposed on the earnings on contributions to
the plans if the earnings are used for higher education
costs,
(B) State organizations sponsoring the plans are exempt
from Federal taxation, and
(C) any charitable gift to the plans are tax-deductible and
are distributed to recipients on a pro rata basis.
SEC. 414. AMENDMENTS TO SUMMER YOUTH EMPLOYMENT AND TRAINING
PROGRAM.
(a) Program Design.--
(1) Academic enrichment authorized.--Paragraph (1) of
section 253(a) of the Job Training Partnership Act is amended
by inserting ``academic enrichment'' after ``remedial
education,''.
(2) Required services and design.--
(A) Subsection (c) of such section 253 is amended by adding
at the end the following new paragraphs:
``(3) Basic education and preemployment training.--The
programs under this part shall provide, either directly or
through arrangements with other programs, each of the
following services to a participant where the assessment and
the service strategy indicate such services are appropriate:
``(A) Basic and Remedial Education.
``(B) Preemployment and Work Maturity Skills Training.
``(4) Integration of work and learning.--
``(A) Work experience.--Work experience provided under this
part, to the extent feasible, shall include contextual
learning opportunities which integrate the development of
general competencies with the development of academic skills.
``(B) Classroom training.--Classroom training provided
under this part shall, to the extent feasible, include
opportunities to apply knowledge and skills relating to
academic subjects to the world of work.''.
(B) Section 253 of the Job Training Partnership Act is
further amended by adding at the end the following new
subsection:
``(e) Educational Linkages.--In conducting the program
assisted under this part, service delivery areas shall
establish linkages with the appropriate educational agencies
responsible for service to participants. Such linkages shall
include arrangements to ensure that there is a regular
exchange of information relating to the progress, problems
and needs of participants, including the results of
assessments of the skill levels of participants.''.
(C) Section 254 of the Job Training Partnership Act is
amended by adding at the end the following new subsection:
``(c) Prohibition on Private Actions.--Nothing in this part
shall be construed to establish a right for a participant to
bring an action to obtain services described in the
assessment or service strategy developed under section
253(c).''.
(b) Transfer of Funds to Year Round Program.--Section 256
of the Job Training Partnership Act is amended by striking
``10 percent'' and inserting ``20 percent''.
SEC. 415. STATE AND LOCAL GOVERNMENT CONTROL OF EDUCATION.
(a) Findings.--
(1) Congress is interested in promoting State and local
government reform efforts in education;
(2) In Public Law 96-88 the Congress found that education
is fundamental to the development of individual citizens and
the progress of the Nation;
(3) In Public Law 96-88 the Congress found that in our
Federal system the responsibility for education is reserved
respectively to the States and the local school systems and
other instrumentalities of the States;
(4) In Public Law 96-88 the Congress declared the purpose
of the Department of Education was to supplement and
complement the efforts of States, the local school systems,
and other instrumentalities of the States, the private
sector, public and private educational institutions, public
and private nonprofit educational research institutions,
community based organizations, parents and schools to improve
the quality of education;
(5) The establishment of the Department of Education,
Congress intended to protect the rights of State and local
governments and public and private educational institutions
in the areas of educational policies and administration of
programs and to strengthen and improve the control of such
governments and institutions over their own educational
programs and policies;
(6) Public Law 96-88 specified that the establishment of
the Department of Education shall not increase the authority
of the Federal Government over education or diminish the
responsibility for education which is reserved to the States
and local school systems and other instrumentalities of the
States;
(7) Public Law 96-88 specified that no provision of a
program administered by the Secretary or by any other officer
of the Department shall be construed to authorize the
Secretary or any such officer to exercise any direction,
supervision, or control over the curriculum, program of
instruction, administration, or personnel of any educational
institution, school, or school system, over any accrediting
agency or association or over the selection or content of
library resources, textbooks, or other instructional
materials by any educational institution or school system,
now therefore
(b) Reaffirmation.--The Congress agrees and reaffirms that
the responsibility for control of education is reserved to
the States and local school systems and other
instrumentalities of the States and that no action shall be
taken under the provisions of this Act by the Federal
Government which would, directly or indirectly, impose
standards or requirements of any kind through the
promulgation of rules, regulations, provision of financial
assistance and otherwise, which would reduce, modify, or
undercut State and local responsibility for control of
education.
SEC. 416. PROTECTION OF PUPILS.
Section 439 of the General Education Provisions Act is
amended to read as follows:
``Protection of Pupil Rights
``Sec. 439. (a) All instructional materials, including
teacher's manuals, films, tapes, or other supplementary
material which will be used in connection with any survey,
analysis, or evaluation as part of any applicable program
shall be available for inspection by the parents or guardians
of the children.
``(b) No student shall be required, as part of any
applicable program, to submit to a survey, analysis, or
evaluation that reveals information concerning:
``(1) political affiliations;
``(2) mental and psychological problems potentially
embarrassing to the student or his family;
``(3) sex behavior and attitudes;
``(4) illegal, anti-social, self-incriminating and
demeaning behavior;
``(5) critical appraisals of other individuals with whom
respondents have close family relationships;
``(6) legally recognized privileged or analogous
relationships, such as those of lawyers, physicians, and
ministers; or
``(7) income (other than that required by law to determine
eligibility for participation in a program or for receiving
financial assistance under such program),
without the prior consent of the student (if the student is
an adult or emancipated minor), or in the case of an
unemancipated minor, without the prior written consent of the
parent.
``(c) Educational agencies and institutions shall give
parents and students effective notice of their rights under
this section.
``(d) Enforcement.--The Secretary shall take such action as
the Secretary determines appropriate to enforce this section,
except that action to terminate assistance provided under an
applicable program shall be taken only if the Secretary
determines that--
``(1) there has been a failure to comply with such section;
and
``(2) compliance with such section cannot be secured by
voluntary means.
``(e) Office and Review Board--The Secretary shall
establish or designate an office and review board within the
Department of Education to investigate, process, review, and
adjudicate violations of the rights established under this
section.''.
SEC. 417. CONTRACEPTIVE DEVICES.
The Department of Health and Human Services and the
Department of Education shall ensure that all federally
funded programs which provide for the distribution of
contraceptive devices to unemancipated minors develop
procedures to encourage, to the extent practical, family
participation in such programs.
SEC. 418. EDUCATIONAL AGENCIES NOT DENIED FUNDS FOR ADOPTING
CONSTITUTIONAL POLICY RELATIVE TO PRAYER IN
SCHOOLS.
Notwithstanding any other provision of this Act, no funds
made available through the Department of Education under this
Act, or any other Act, shall be denied to any State or local
educational agency because it has adopted a constitutional
policy relative to prayer in public school.
TITLE V--NATIONAL SKILL STANDARDS BOARD
SEC. 501. SHORT TITLE.
This title may be cited as the ``National Skill Standards
Act of 1994''.
SEC. 502. PURPOSE.
It is the purpose of this title to establish a National
Board to serve as a catalyst in stimulating the development
and adoption of a voluntary national system of skill
standards and of assessment and certification--
(1) that will serve as a cornerstone of the national
strategy to enhance work force skills;
(2) that will result in increased productivity, economic
growth, and American economic competitiveness; and
(3) that can be used, consistent with civil rights laws--
(A) by the Nation, to ensure the development of a high
skills, high quality, high performance work force, including
the most skilled front-line work force in the world;
(B) by industries, as a vehicle for informing training
providers and prospective employees of skills necessary for
employment;
(C) by employers, to assist in evaluating the skill levels
of prospective employees and to assist in the training of
current employees;
(D) by labor organizations, to enhance the employment
security of workers by providing portable credentials and
skills;
(E) by workers, to--
(i) obtain certifications of their skills to protect
against dislocation;
(ii) pursue career advancement; and
(iii) enhance their ability to reenter the work force;
(F) by students and entry level workers, to determine the
skill levels and competencies needed to be obtained in order
to compete effectively for high wage jobs;
(G) by training providers and educators, to determine
appropriate training services to be offered by the providers
and educators;
(H) by Government, to evaluate whether publicly funded
training assists participants to meet skill standards where
such standards exist and thereby protect the integrity of
public expenditures; and
(I) to facilitate linkages between other components of the
work force investment strategy, including school-to-work
transition and job training programs.
SEC. 503. ESTABLISHMENT OF NATIONAL BOARD.
(a) In General.--There is established a National Skill
Standards Board (hereafter referred to in this title as the
``National Board'').
(b) Composition.--
(1) In general.--The National Board shall be composed of 28
members (appointed in accordance with paragraph (3)), of
whom--
(A) one member shall be the Secretary of Labor;
(B) one member shall be the Secretary of Education;
(C) one member shall be the Secretary of Commerce;
(D) one member shall be the Chairperson of the National
Education Standards and Improvement Council established
pursuant to section 212(a);
(E) eight members shall be representatives of business
(including representatives of small employers and
representatives of large employers) selected from among
individuals recommended by recognized national business
organizations or trade associations;
(F) eight members shall be representatives of organized
labor selected from among individuals recommended by
recognized national labor federations; and
(G)(i) four members shall be certified human resource
professionals;
(ii) three members shall be representatives of educational
institutions (including vocational-technical institutions);
and
(iii) one member shall be a representative of
nongovernmental organizations with a demonstrated history of
successfully protecting the rights of racial, ethnic or
religious minorities, women, persons with disabilities, or
older persons.
(2) Special requirements.--The members described in
subparagraph (G) of paragraph (1) shall have expertise in the
area of education and training. The members described in
subparagraphs (E), (F), and (G) of paragraph (1) shall, in
the aggregate, represent a broad cross-section of occupations
and industries.
(3) Appointment.--The membership of the National Board
shall be appointed as follows:
(A) Twelve members (four from each class of members
described in subparagraphs (E), (F), and (G) of paragraph
(1)) shall be appointed by the President.
(B) Six members (two from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
appointed by the Speaker of the House of Representatives. Of
the members so appointed, three members (one from each class
of members described in subparagraphs (E), (F), and (G) of
paragraph (1)) shall be selected from recommendations made by
the Majority Leader of the House of Representatives and three
members (one from each class of members described in
subparagraphs (E), (F), and (G) of paragraph (1)) shall be
selected from recommendations made by the Minority Leader of
the House of Representatives.
(C) Six members (two from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
appointed by the President pro tempore of the Senate. Of the
members so appointed, three members (one from each class of
members described in subparagraphs (E), (F), and (G) of
paragraph (1)) shall be selected from recommendations made by
the Majority Leader of the Senate and three members (one from
each class of members described in subparagraphs (E), (F),
and (G) of paragraph (1)) shall be selected from
recommendations made by the Minority Leader of the Senate.
(4) Ex officio nonvoting members.--The members of the
National Board specified in subparagraphs (A), (B), (C), and
(D) of paragraph (1) shall be ex officio, nonvoting members
of the National Board.
(5) Term.--Each member of the National Board appointed
under subparagraph (E), (F), or (G) of paragraph (1) shall be
appointed for a term of 4 years, except that of the initial
members of the Board appointed under such subparagraphs--
(A) twelve members shall be appointed for a term of 3 years
(four from each class of members described in subparagraphs
(E), (F), and (G) of paragraph (1)), of whom--
(i) two from each such class shall be appointed in
accordance with paragraph (3)(A);
(ii) one from each such class shall be appointed in
accordance with paragraph (3)(B); and
(iii) one from each such class shall be appointed in
accordance with paragraph (3)(C); and
(B) twelve members shall be appointed for a term of 4 years
(four from each class of members described in subparagraphs
(E), (F), and (G) of paragraph (1)), of whom--
(i) two from each such class shall be appointed in
accordance with paragraph (3)(A);
(ii) one from each such class shall be appointed in
accordance with paragraph (3)(B); and
(iii) one from each such class shall be appointed in
accordance with paragraph (3)(C).
(6) Vacancies.--Any vacancy in the National Board shall not
affect its powers, but shall be filled in the same manner as
the original appointment.
(c) Chairperson and Vice Chairpersons.--
(1) Chairperson.--
(A) In general.--Except as provided in subparagraph (B),
the National Board, by majority vote, shall elect a
Chairperson once every 2 years from among the members of the
National Board.
(B) Initial chairperson.--The first Chairperson of the
National Board shall be elected, by a majority vote of the
National Board, from among the members who are
representatives of business (as described in subparagraph (E)
of subsection (b)(1)) and shall serve for a term of 2 years.
(2) Vice chairpersons.--The National Board, by majority
vote, shall annually elect 3 Vice Chairpersons (each
representing a different class of the classes of members
described in subparagraphs (E), (F), and (G) of subsection
(b)(1) and each of whom shall serve for a term of 1 year)
from among its members appointed under subsection (b)(3).
(d) Compensation and Expenses.--
(1) Compensation.--Members of the National Board who are
not full-time employees or officers of the Federal Government
shall serve without compensation.
(2) Expenses.--The members of the National Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57, title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the National
Board.
(e) Executive Director and Staff.--
(1) Executive director.--The Chairperson of the National
Board shall appoint an Executive Director who shall be
compensated at a rate determined by the National Board not to
exceed the rate of pay for level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(2) Staff.--The Executive Director may appoint and
compensate such additional staff as may be necessary to
enable the Board to perform its duties. The Executive
Director may fix the compensation of the staff without regard
to the provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to classification
of positions and General Schedule pay rates, except that the
rate of pay for the staff may not exceed the rate payable for
level V of the Executive Schedule under section 5316 of such
title.
(f) Gifts.--The National Board is authorized, in carrying
out this title, to accept and employ or dispose of in
furtherance of the purposes of this title, any money or
property, real, personal, or mixed, tangible or intangible,
received by gift, devise, bequest, or otherwise, and to
accept voluntary and uncompensated services notwithstanding
the provisions of section 1342 of title 31, United States
Code.
(g) Agency Support.--
(1) Use of facilities.--The National Board may use the
research, equipment, services and facilities of any agency or
instrumentality of the United States with the consent of such
agency or instrumentality.
(2) Staff of federal agencies.--Upon the request of the
National Board, the head of any Federal agency of the United
States may detail to the National Board, on a reimbursable
basis, any of the personnel of such Federal agency to assist
the National Board in carrying out this title. Such detail
shall be without interruption or loss of civil service status
or privilege.
(h) Procurement of Temporary and Intermittent Services.--
The Chairperson of the National Board may procure temporary
and intermittent services of experts and consultants under
section 3109(b) of title 5, United States Code.
(i) Termination of the Commission.--Section 14(a)(2) of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply with respect to the termination of the National Board.
SEC. 504. FUNCTIONS OF THE NATIONAL BOARD.
(a) Identification of Occupations.--The National Board,
after extensive public consultation, shall identify broad
clusters of major occupations that involve one or more than
one industry in the United States.
(b) Establishment of Voluntary Partnerships To Develop
Standards.--
(1) In general.--For each of the occupational clusters
identified pursuant to subsection (a), the National Board
shall encourage and facilitate the establishment of voluntary
partnerships to develop a skill standards system in
accordance with subsection (d).
(2) Representatives.--Such voluntary partnerships shall
include the full and balanced participation of--
(A)(i) representatives of business (including
representatives of large employers and representatives of
small employers) who have expertise in the area of work force
skill requirements, and who are recommended by national
business organizations or trade associations representing
employers in the occupation or industry for which a standard
is being developed; and
(ii) representatives of trade associations that have
received grants from the Department of Labor or the
Department of Education to establish skill standards prior to
the date of enactment of this title;
(B) employee representatives who--
(i) have expertise in the area of work force skill
requirements; and
(ii) shall be--
(I) individuals recommended by recognized national labor
organizations representing employees in the occupation or
industry for which a standard is being developed; and
(II) such individuals who are nonmanagerial employees with
significant experience and tenure in such occupation or
industry as are appropriate given the nature and structure of
employment in the occupation or industry; and
(C) representatives of--
(i) educational institutions;
(ii) community-based organizations;
(iii) State and local agencies with administrative control
or direction over education or over employment and training;
(iv) other policy development organizations with expertise
in the area of work force skill requirements; or
(v) nongovernmental organizations with a demonstrated
history of successfully protecting the rights of racial,
ethnic, or religious minorities, women, persons with
disabilities, or older persons.
(3) Experts.--The partnerships described in paragraph (2)
may also include other individuals who are independent,
qualified experts in their fields.
(c) Research, Dissemination, and Coordinations.--In order
to support the activities described in subsections (b) and
(d), the National Board shall--
(1) conduct work force research relating to skill standards
and make the results of such research available to the
public, including the voluntary partnerships described in
subsection (b);
(2) identify and maintain a catalog of skill standards used
by other countries and by States and leading firms and
industries in the United States;
(3) serve as a clearinghouse to facilitate the sharing of
information on the development of skill standards and other
relevant information among representatives of occupations and
industries identified pursuant to subsection (a), and among
education and training providers;
(4) develop a common nomenclature relating to skill
standards;
(5) encourage the development and adoption of curricula and
training materials, for attaining the skill standards
endorsed pursuant to subsection (d), that provide for
structured work experiences and related study programs
leading to progressive levels of professional and technical
certification;
(6) provide appropriate technical assistance to voluntary
partnerships involved in the development of standards and
systems described in subsection (b); and
(7) facilitate coordination among voluntary partnerships
that meet the requirements of subsection (b)(2) in order to
promote the development of a coherent national system of
voluntary skill standards.
(d) Endorsement of Skill Standards Systems.--
(1) In general.--The National Board, after public review
and comment, shall endorse skill standards systems relating
to the occupational clusters identified pursuant to
subsection (a) that--
(A) meet the requirements of paragraph (2);
(B) are submitted by voluntary partnerships that meet the
requirements of subsection (b)(2); and
(C) meet additional objective criteria that are published
by the National Board.
(2) Components of system.--The skill standards systems
endorsed pursuant to paragraph (1) shall have one or more of
the following components:
(A) Voluntary skill standards, which--
(i) are formulated in such a manner that promotes the
portability of credentials and facilitates worker mobility
within an occupational cluster or industry and among
industries;
(ii) are in a form that allows for regular updating to take
into account advances in technology or other developments
within the occupational cluster;
(iii) are not discriminatory with respect to race, color,
religion, sex, national origin, ethnicity, age, or
disability;
(iv) meet or exceed the highest applicable standards used
in the United States, including apprenticeship standards
registered under the Act of August 16, 1937 (commonly known
as the ``National Apprenticeship Act'', 50 Stat. 664, chapter
663, 29 U.S.C. 50 et seq.); and
(v) have been developed after taking into account--
(I) relevant standards used in other countries and relevant
international standards;
(II) voluntary national content standards and voluntary
national student performance standards developed pursuant to
section 213; and
(III) the requirements of high performance work
organizations.
(B) A voluntary system of assessment and certification of
the attainment of skill standards developed pursuant to
subparagraph (A), which--
(i) utilizes a variety of evaluation techniques, including,
where appropriate, oral and written evaluations, portfolio
assessments, and performance tests;
(ii) includes methods for establishing the validity and
reliability of the assessment and certification system for
the intended purposes of the system; and
(iii) has been developed after taking into account relevant
methods of assessment and certification used in other
countries.
(C) A system to disseminate information relating to the
skill standards, and the assessment and certification
systems, developed pursuant to this paragraph (including
dissemination of information relating to civil rights laws
relevant to the use of such standards and systems), and to
promote use of such standards and systems by, entities such
as institutions of higher education offering professional and
technical education, labor organizations, trade and technical
associations, and employers providing formalized training,
and other organizations likely to benefit from such standards
and systems.
(D) A system to evaluate the implementation and
effectiveness of the skill standards, the assessment and
certification systems, and the information dissemination
systems, developed pursuant to this paragraph.
(E) A system to periodically revise and update the skill
standards, and the assessment and certification systems,
developed pursuant to this paragraph, which will take into
account changes in standards in other countries.
(e) Relationship With Civil Rights Laws.--
(1) In general.--Nothing in this title shall be construed
to modify or affect any Federal or State law prohibiting
discrimination on the basis of race, color, religion, sex,
national origin, ethnicity, age, or disability.
(2) Evidence.--The endorsement or absence of an endorsement
by the National Board of a skill standard, or assessment and
certification system, endorsed under subsection (d) may not
be used in any action or proceeding to establish that the use
of a skill standard or assessment and certification system
conforms or does not conform to the requirements of civil
rights laws.
(f) Coordination.--The National Board shall establish
cooperative arrangements with the National Education
Standards and Improvement Council to promote the coordination
of the development of skill standards under this section with
the development of voluntary national content standards and
voluntary national student performance standards in
accordance with section 213.
(g) Financial Assistance.--
(1) In general.--(A) From funds appropriated pursuant to
the authority of section 507, the Secretary of Labor may
award grants and enter into contracts and cooperative
arrangements (including awarding grants to, and entering into
contracts and cooperative agreements with, voluntary
partnerships in accordance with paragraph (2)) that are
requested by the National Board for the purposes of carrying
out this title.
(B) Each entity desiring a grant, contract or cooperative
agreement under this title shall submit an application to the
National Board at such time, in such manner and accompanied
by such information as the National Board may reasonably
require.
(2) Special rule regarding assistance for voluntary
partnerships.--The Secretary only shall award a grant to, or
enter into a contract or cooperative agreement with, a
voluntary partnership that meets the requirements of
subsection (b)(2) for the development of skill standards
systems in accordance with subsection (d).
(3) Criteria for board consideration.--Prior to each of the
fiscal years 1994 through 1998, the National Board shall
publish objective criteria for the National Board's
consideration of applications submitted pursuant to paragraph
(1)(B).
(4) Recommendations to the secretary of labor.--The
National Board shall review each application received
pursuant to paragraph (1)(B) in accordance with the objective
criteria published pursuant to paragraph (3), and shall
submit each such application to the Secretary of Labor
accompanied by a recommendation by the National Board on
whether or not the Secretary of Labor should award a grant to
the applicant.
(5) Limitation on use of funds.--
(A) In general.--Not more than 20 percent of the funds
appropriated pursuant to the authority of section 507(a) for
each fiscal year shall be used by the National Board for the
costs of administration.
(B) Startup costs.--Notwithstanding subparagraph (A), in
order to facilitate the establishment of the National Board,
the limitation contained in subparagraph (A) shall not apply
to funds appropriated pursuant to the authority of section
507(a) for fiscal year 1994.
(C) Definition.--For purposes of this paragraph, the term
``costs of administration'' means costs relating to staff,
supplies, equipment, space, and travel and per diem, costs of
conducting meetings and conferences, and other related costs.
SEC. 505. DEADLINES.
Not later than December 31, 1996, the National Board
shall--
(1) identify occupational clusters pursuant to section
504(a) representing a substantial portion of the work force;
and
(2) promote the endorsement of an initial set of skill
standards in accordance with section 504(d) for such
clusters.
SEC. 506. REPORTS.
The National Board shall prepare and submit to the
President and the Congress in each of the fiscal years 1994
through 1998, a report on the activities conducted under this
title. Such report shall include information on the extent to
which skill standards have been adopted by employers,
training providers, and other entities, and on the
effectiveness of such standards in accomplishing the purposes
described in section 502.
SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
carry out this title $15,000,000 for fiscal year 1994 and
such sums as may be necessary for each of fiscal years 1995
through 1998.
(b) Availability.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
SEC. 508. DEFINITIONS.
As used in this title:
(1) Community-based organizations.--The term ``community-
based organizations'' has the meaning given the term in
section 4(5) of the Job Training Partnership Act (29 U.S.C.
1503(5)).
(2) Educational institution.--The term ``educational
institution'' means a high school, a vocational school, and
an institution of higher education.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 1201(a) of the Higher Education Act of 1965
(20 U.S.C. 1141(a)).
(4) Skill standard.--The term ``skill standard'' means the
level of knowledge and competence required to successfully
perform work-related functions within an occupational
cluster.
SEC. 509. SUNSET PROVISION.
(a) Repeal.--This title is repealed on September 30, 1998.
(b) Review of Repeal.--It is the sense of the Congress that
the appropriate committees of the Congress should review the
accomplishments of the National Board prior to the date of
repeal described in subsection (a) in order to determine
whether it is appropriate to extend the authorities provided
under this title for a period beyond such date.
TITLE VI--SAFE SCHOOLS
PART A--SAFE SCHOOLS PROGRAM
SEC. 601. SHORT TITLE; STATEMENT OF PURPOSE.
(a) Short Title.--This part may be cited as the ``Safe
Schools Act of 1994''.
(b) Statement of Purpose.--It is the purpose of this part
to help local school systems achieve Goal Six of the National
Education Goals, which provides that by the year 2000, every
school in America will be free of drugs and violence and will
offer a disciplined environment conducive to learning, by
ensuring that all schools are safe and free of violence.
SEC. 602. SAFE SCHOOLS PROGRAM AUTHORIZED.
(a) Authority.--
(1) In general.--From funds appropriated pursuant to the
authority of subsection (b)(1), the Secretary shall make
competitive grants to eligible local educational agencies to
enable such agencies to carry out projects and activities
designed to achieve Goal Six of the National Education Goals
by helping to ensure that all schools are safe and free of
violence.
(2) Grant duration and amount.--Grants under this part may
not exceed--
(A) two fiscal years in duration, except that the Secretary
shall not award any new grants in fiscal year 1996 but may
make payments pursuant to a 2-year grant which terminates in
such fiscal year; and
(B) $3,000,000 in any fiscal year.
(3) Geographic distribution.--To the extent practicable,
grants under this title shall be awarded to eligible local
educational agencies serving rural, as well as urban, areas.
(b) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
$75,000,000 for fiscal year 1994, $100,000,000 for fiscal
year 1995, and such sums as may be necessary for fiscal year
1996, to carry out this part.
(2) Reservation.--The Secretary is authorized in each
fiscal year to reserve not more than 10 percent of the amount
appropriated pursuant to the authority of paragraph (1) to
carry out national leadership activities described in section
606, of which 50 percent of such amount shall be available in
such fiscal year to carry out the program described in
section 606(b).
SEC. 603. ELIGIBLE APPLICANTS.
(a) In General.--To be eligible to receive a grant under
this part, a local educational agency shall demonstrate in
the application submitted pursuant to section 604(a) that
such agency--
(1) serves an area in which there is a high rate of--
(A) homicides committed by persons between the ages 5 to
18, inclusive;
(B) referrals of youth to juvenile court;
(C) youth under the supervision of the courts;
(D) expulsions and suspension of students from school;
(E) referrals of youth, for disciplinary reasons, to
alternative schools; or
(F) victimization of youth by violence, crime, or other
forms of abuse; and
(2) has serious school crime, violence, and discipline
problems, as indicated by other appropriate data.
(b) Priority.--In awarding grants under this part, the
Secretary shall give priority to a local educational agency
that--
(1) receives assistance under section 1006 of the
Elementary and Secondary Education Act of 1965 or meets the
criteria described in clauses (i) and (ii) of section
1006(a)(1)(A) of such Act; and
(2) submits an application that assures a strong local
commitment to the projects or activities assisted under this
part, such as--
(A) the formation of partnerships among the local
educational agency, a community-based organization, a
nonprofit organization with a demonstrated commitment to or
expertise in developing education programs or providing
educational services to students or the public, a local law
enforcement agency, or any combination thereof; and
(B) a high level of youth participation in such projects or
activities.
(c) Definitions.--For the purpose of this part--
(1) the term ``local educational agency'' has the same
meaning given to such term in section 1471(12) of the
Elementary and Secondary Education Act of 1965; and
(2) the term ``Secretary'' means the Secretary of
Education.
SEC. 604. APPLICATIONS AND PLANS.
(a) Application.--In order to receive a grant under this
part, a local educational agency shall submit to the
Secretary an application that includes--
(1) an assessment of the current violence and crime
problems in the schools and community to be served by the
grant;
(2) an assurance that the applicant has written policies
regarding school safety, student discipline, and the
appropriate handling of violent or disruptive acts;
(3) a description of the schools and communities to be
served by the grant, the projects and activities to be
carried out with grant funds, and how these projects and
activities will help to reduce the current violence and crime
problems in such schools and communities;
(4) if the local educational agency receives funds under
Goals 2000: Educate America Act, an explanation of how
projects and activities assisted under this part will be
coordinated with and support such agency's comprehensive
local improvement plan prepared under that Act;
(5) the applicant's plan to establish school-level advisory
committees, which include faculty, parents, staff, and
students, for each school to be served by the grant and a
description of how each committee will assist in assessing
that school's violence and discipline problems as well as in
designing appropriate programs, policies, and practices to
address those problems;
(6) the applicant's plan for collecting baseline and future
data, by individual schools, to monitor violence and
discipline problems and to measure such applicant's progress
in achieving the purpose of this part;
(7) an assurance that grant funds under this part will be
used to supplement and not to supplant State and local funds
that would, in the absence of funds under this part, be made
available by the applicant for the purpose of this part;
(8) an assurance that the applicant will cooperate with,
and provide assistance to, the Secretary in gathering
statistics and other data the Secretary determines are
necessary to assess the effectiveness of projects and
activities assisted under this part or the extent of school
violence and discipline problems throughout the Nation;
(9) an assurance that the local educational agency has a
written policy that prohibits sexual contact between school
personnel and a student; and
(10) such other information as the Secretary may require.
(b) Plan.--In order to receive funds under this part for a
second year, a grantee shall submit to the Secretary a
comprehensive, long-term, school safety plan for reducing and
preventing school violence and discipline problems. Such plan
shall contain--
(1) a description of how the grantee will coordinate its
school crime and violence prevention efforts with education,
law-enforcement, judicial, health, social service, and other
appropriate agencies and organizations serving the community;
and
(2) in the case that the grantee receives funds under the
Goals 2000: Educate America Act, an explanation of how the
grantee's comprehensive plan under this subsection is
consistent with and supports its comprehensive local
improvement plan prepared under that Act, if such explanation
differs from that provided in the grantee's application under
that Act.
SEC. 605. USE OF FUNDS.
(a) Use of Funds.--
(1) In general.--A local educational agency shall use grant
funds received under this part for one or more of the
following activities:
(A) Identifying and assessing school violence and
discipline problems, including coordinating needs assessment
activities and education, law-enforcement, judicial, health,
social service, and other appropriate agencies and
organizations.
(B) Conducting school safety reviews or violence prevention
reviews of programs, policies, practices, and facilities to
determine what changes are needed to reduce or prevent
violence and promote safety and discipline.
(C) Planning for comprehensive, long-term strategies for
addressing and preventing school violence and discipline
problems through the involvement and coordination of school
programs with other education, law-enforcement, judicial,
health, social service, and other appropriate agencies and
organizations.
(D) Training school personnel in programs of demonstrated
effectiveness in addressing violence, including violence
prevention, conflict resolution, anger management, peer
mediation, and identification of high-risk youth.
(E) Community education programs, including video- and
technology-based projects, informing parents, businesses,
local government, the media and other appropriate entities
about--
(i) the local educational agency's plan to promote school
safety and reduce and prevent school violence and discipline
problems; and
(ii) the need for community support.
(F) Coordination of school-based activities designed to
promote school safety and reduce or prevent school violence
and discipline problems with related efforts of education,
law-enforcement, judicial, health, social service, and other
appropriate agencies and organizations.
(G) Developing and implementing violence prevention
activities, including--
(i) conflict resolution and social skills development for
students, teachers, aides, other school personnel, and
parents;
(ii) disciplinary alternatives to expulsion and suspension
of students who exhibit violent or anti-social behavior;
(iii) student-led activities such as peer mediation, peer
counseling, and student courts; or
(iv) alternative after-school programs that provide safe
havens for students, which may include cultural,
recreational, and educational and instructional activities.
(H) Educating students and parents regarding the dangers of
guns and other weapons and the consequences of their use.
(I) Developing and implementing innovative curricula to
prevent violence in schools and training staff how to stop
disruptive or violent behavior if such behavior occurs.
(J) Supporting ``safe zones of passage'' for students
between home and school through such measures as Drug- and
Weapon-Free School Zones, enhanced law enforcement, and
neighborhood patrols.
(K) Counseling programs for victims and witnesses of school
violence and crime.
(L) Minor remodeling to promote security and reduce the
risk of violence, such as removing lockers, installing better
lights, and upgrading locks.
(M) Acquiring and installing metal detectors and hiring
security personnel.
(N) Reimbursing law enforcement authorities for their
personnel who participate in school violence prevention
activities.
(O) Evaluating projects and activities assisted under this
part.
(P) The cost of administering projects or activities
assisted under this part.
(Q) Other projects or activities that meet the purpose of
this part.
(2) Limitation.--A local educational agency may use not
more than--
(A) a total of 10 percent of grant funds received under
this part in each fiscal year for activities described in
subparagraphs (J), (L), (M), and (N) of paragraph (1); and
(B) 5 percent of grant funds received under this part in
each fiscal year for activities described in subparagraph (P)
of paragraph (1).
(3) Prohibition.--A local educational agency may not use
grant funds received under this part for construction.
SEC. 606. NATIONAL LEADERSHIP.
(a) In General.--To carry out the purpose of this part, the
Secretary is authorized to use funds reserved under section
602(b)(2) to conduct national leadership activities such as
research, program development and evaluation, data
collection, public awareness activities, training and
technical assistance, dissemination (through appropriate
research entities assisted by the Department of Education) of
information on successful projects, activities, and
strategies developed pursuant to this part, and peer review
of applications under this part. The Secretary may carry out
such activities directly, through interagency agreements, or
through grants, contracts or cooperative agreements.
(b) National Model City.--The Secretary shall designate the
District of Columbia as a national model city and shall
provide funds made available pursuant to section 602(b)(2) in
each fiscal year to a local educational agency serving the
District of Columbia in an amount sufficient to enable such
agency to carry out a comprehensive program to address school
and youth violence.
SEC. 607. NATIONAL COOPERATIVE EDUCATION STATISTICS SYSTEM.
Subparagraph (A) of section 406(h)(2) of the General
Education Provisions Act (20 U.S.C. 1221e-1(h)(2)(A)) is
amended--
(1) in clause (vi), by striking ``and'' after the
semicolon; and
(2) by adding after clause (vii) the following new clause:
``(viii) school safety policy, and statistics on the
incidents of school violence; and''.
SEC. 608. COORDINATION OF FEDERAL ASSISTANCE.
The Attorney General, through the Coordinating Council on
Juvenile Justice and Delinquency Prevention of the Department
of Justice, shall coordinate the programs and activities
carried out under this Act with the programs and activities
carried out by the departments and offices represented within
the Council that provide assistance under other law for
purposes that are similar to the purpose of this Act, in
order to avoid redundancy and coordinate Federal assistance,
research, and programs for youth violence prevention.
SEC. 609. EFFECTIVE DATE.
This part and the amendments made by this part shall take
effect on the date of enactment of this Act.
PART B--STATE LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS
SEC. 621. STATE LEADERSHIP ACTIVITIES TO PROMOTE SAFE SCHOOLS
PROGRAM.
(a) Short Title.--This section may be cited as the ``State
Leadership Activities to Promote Safe Schools Act''.
(b) Authority.--The Secretary is authorized to award grants
to State educational agencies from allocations under
subsection (c) to enable such agencies to carry out the
authorized activities described in subsection (e).
(c) Allocation.--Each State educational agency having an
application approved under subsection (d) shall be eligible
to receive a grant under this section for each fiscal year
that bears the same ratio to the amount appropriated pursuant
to the authority of subsection (f) for such year as the
amount such State educational agency receives pursuant to
section 1006 of the Elementary and Secondary Education Act of
1965 for such year bears to the total amount allocated to all
such agencies in all States having applications approved
under subsection (d) for such year, except that no State
educational agency having an application approved under
subsection (d) in any fiscal year shall receive less than
$100,000 for such year.
(d) Application.--Each State educational agency desiring a
grant under this section shall submit an application to the
Secretary at such time, in such manner and containing such
information as the Secretary may reasonably require. Each
such application shall--
(1) describe the activities and services for which
assistance is sought;
(2) contain a statement of the State educational agency's
goals and objectives for violence prevention and a
description of the procedures to be used for assessing and
publicly reporting progress toward meeting those goals and
objectives; and
(3) contain a description of how the State educational
agency will coordinate such agency's activities under this
section with the violence prevention efforts of other State
agencies.
(e) Use of Funds.--Grant funds awarded under this section
shall be used--
(1) to support a statewide resource coordinator;
(2) to provide technical assistance to both rural and urban
local school districts;
(3) to disseminate to local educational agencies and
schools information on successful school violence prevention
programs funded through Federal, State, local and private
sources;
(4) to make available to local educational agencies teacher
training and parent and student awareness programs, which
training and programs may be provided through video or other
telecommunications approaches;
(5) to supplement and not supplant other Federal, State and
local funds available to carry out the activities assisted
under this section; and
(6) for other activities the Secretary may deem
appropriate.
(f) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 for each of the fiscal years
1995 and 1996 to carry out this section.
TITLE VII--MIDNIGHT BASKETBALL LEAGUE TRAINING AND PARTNERSHIP
SEC. 701. SHORT TITLE.
This title may be cited as the ``Midnight Basketball League
Training and Partnership Act''.
SEC. 702. GRANTS FOR MIDNIGHT BASKETBALL LEAGUE TRAINING AND
PARTNERSHIP PROGRAMS.
Section 520 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 11903a) is amended--
(1) in the section heading by inserting ``and assisted''
after ``public'';
(2) in the subsection heading for subsection (a), by
inserting ``Public Housing'' before ``Youth''; and
(3) by adding at the end the following new subsection:
``(l) Midnight Basketball League Training and Partnership
Programs.--
``(1) Authority.--The Secretary of Housing and Urban
Development shall make grants, to the extent that amounts are
approved in appropriations Acts under paragraph (13), to--
``(A) eligible entities to assist such entities in carrying
out midnight basketball league programs meeting the
requirements of paragraph (4); and
``(B) eligible advisory entities to provide technical
assistance to eligible entities in establishing and operating
such midnight basketball league programs.
``(2) Eligible entities.--
``(A) In general.--Subject to subparagraph (B), grants
under paragraph (1)(A) may be made only to the following
eligible entities:
``(i) Entities eligible under subsection (b) for a grant
under subsection (a).
``(ii) Nonprofit organizations providing employment
counseling, job training, or other educational services.
``(iii) Nonprofit organizations providing federally
assisted low-income housing.
``(B) Prohibition on second grants.--A grant under
paragraph (1)(A) may not be made to an eligible entity if the
entity has previously received a grant under such paragraph,
except that the Secretary may exempt an eligible advisory
entity from the prohibition under this subparagraph in
extraordinary circumstances.
``(3) Use of grant amounts.--Any eligible entity that
receives a grant under paragraph (1)(A) may use such amounts
only--
``(A) to establish or carry out a midnight basketball
league program under paragraph (4);
``(B) for salaries for administrators and staff of the
program;
``(C) for other administrative costs of the program, except
that not more than 5 percent of the grant amount may be used
for such administrative costs; and
``(D) for costs of training and assistance provided under
paragraph (4)(I).
``(4) Program requirements.--Each eligible entity receiving
a grant under paragraph (1)(A) shall establish a midnight
basketball league program as follows:
``(A) The program shall establish a basketball league of
not less than 8 teams having 10 players each.
``(B) Not less than 50 percent of the players in the
basketball league shall be residents of federally assisted
low-income housing or members of low-income families (as such
term is defined in section 3(b) of the United States Housing
Act of 1937).
``(C) The program shall be designed to serve primarily
youths and young adults from a neighborhood or community
whose population has not less than 2 of the following
characteristics (in comparison with national averages):
``(i) A substantial problem regarding use or sale of
illegal drugs.
``(ii) A high incidence of crimes committed by youths or
young adults.
``(iii) A high incidence of persons infected with the human
immunodeficiency virus or sexually transmitted diseases.
``(iv) A high incidence of pregnancy or a high birth rate,
among adolescents.
``(v) A high unemployment rate for youths and young adults.
``(vi) A high rate of high school drop-outs.
``(D) The program shall require each player in the league
to attend employment counseling, job training, and other
educational classes provided under the program, which shall
be held immediately following the conclusion of league
basketball games at or near the site of the games and at
other specified times.
``(E) The program shall serve only youths and young adults
who demonstrate a need for such counseling, training, and
education provided by the program, in accordance with
criteria for demonstrating need, which shall be established
by the Secretary, in consultation with the Advisory
Committee.
``(F) The majority of the basketball games of the league
shall be held between the hours of 10:00 p.m. and 2:00 a.m.
at a location in the neighborhood or community served by the
program.
``(G) The program shall obtain sponsors for each team in
the basketball league. Sponsors shall be private individuals
or businesses in the neighborhood or community served by the
program who make financial contributions to the program and
participate in or supplement the employment, job training,
and educational services provided to the players under the
program with additional training or educational
opportunities.
``(H) The program shall comply with any criteria
established by the Secretary, in consultation with the
Advisory Committee established under paragraph (9).
``(I) Administrators or organizers of the program shall
receive training and technical assistance provided by
eligible advisory entities receiving grants under paragraph
(8).
``(5) Grant amount limitations.--
``(A) Private contributions.--The Secretary may not make a
grant under paragraph (1)(A) to an eligible entity that
applies for a grant under paragraph (6) unless the applicant
entity certifies to the Secretary that the entity will
supplement the grant amounts with amounts of funds from non-
Federal sources, as follows:
``(i) In each of the first 2 years that amounts from the
grant are disbursed (under subparagraph (E)), an amount
sufficient to provide not less than 35 percent of the cost of
carrying out the midnight basketball league program.
``(ii) In each of the last 3 years that amounts from the
grant are disbursed, an amount sufficient to provide not less
than 50 percent of the cost of carrying out the midnight
basketball league program.
``(B) Non-federal funds.--For purposes of this paragraph,
the term `funds from non-Federal sources' includes amounts
from nonprofit organizations, public housing agencies,
States, units of general local government, and Indian housing
authorities, private contributions, any salary paid to staff
(other than from grant amounts under paragraph (1)(A)) to
carry out the program of the eligible entity, in-kind
contributions to carry out the program (as determined by the
Secretary after consultation with the Advisory Committee),
the value of any donated material, equipment, or building,
the value of any lease on a building, the value of any
utilities provided, and the value of any time and services
contributed by volunteers to carry out the program of the
eligible entity.
``(C) Prohibition on substitution of funds.--Grant amounts
under paragraph (1)(A) and amounts provided by States and
units of general local government to supplement grant amounts
may not be used to replace other public funds previously
used, or designated for use, under this section.
``(D) Maximum and minimum grant amounts.--
``(i) In general.--The Secretary may not make a grant under
paragraph (1)(A) to any single eligible entity in an amount
less than $55,000 or exceeding $130,000, except as provided
in clause (ii).
``(ii) Exception for large leagues.--In the case of a
league having more than 80 players, a grant under paragraph
(1)(A) may exceed $130,000, but may not exceed the amount
equal to 35 percent of the cost of carrying out the midnight
basketball league program.
``(E) Disbursement.--Amounts provided under a grant under
paragraph (1)(A) shall be disbursed to the eligible entity
receiving the grant over the 5-year period beginning on the
date that the entity is selected to receive the grant, as
follows:
``(i) In each of the first 2 years of such 5-year period,
23 percent of the total grant amount shall be disbursed to
the entity.
``(ii) In each of the last 3 years of such 5-year period,
18 percent of the total grant amount shall be disbursed to
the entity.
``(6) Applications.--To be eligible to receive a grant
under paragraph (1)(A), an eligible entity shall submit to
the Secretary an application in the form and manner required
by the Secretary (after consultation with the Advisory
Committee), which shall include--
``(A) a description of the midnight basketball league
program to be carried out by the entity, including a
description of the employment counseling, job training, and
other educational services to be provided;
``(B) letters of agreement from service providers to
provide training and counseling services required under
paragraph (4) and a description of such service providers;
``(C) letters of agreement providing for facilities for
basketball games and counseling, training, and educational
services required under paragraph (4) and a description of
the facilities;
``(D) a list of persons and businesses from the community
served by the program who have expressed interest in
sponsoring, or have made commitments to sponsor, a team in
the midnight basketball league; and
``(E) evidence that the neighborhood or community served by
the program meets the requirements of paragraph (4)(C).
``(7) Selection.--The Secretary, in consultation with the
Advisory Committee, shall select eligible entities that have
submitted applications under paragraph (6) to receive grants
under paragraph (1)(A). The Secretary, in consultation with
the Advisory Committee, shall establish criteria for
selection of applicants to receive such grants. The criteria
shall include a preference for selection of eligible entities
carrying out midnight basketball league programs in suburban
and rural areas.
``(8) Technical assistance grants.--Technical assistance
grants under paragraph (1)(B) shall be made as follows:
``(A) Eligible advisory entities.--Technical assistance
grants may be made only to entities that--
``(i) are experienced and have expertise in establishing,
operating, or administering successful and effective programs
for midnight basketball and employment, job training, and
educational services similar to the programs under paragraph
(4); and
``(ii) have provided technical assistance to other entities
regarding establishment and operation of such programs.
``(B) Use.--Amounts received under technical assistance
grants shall be used to establish centers for providing
technical assistance to entities receiving grants under
paragraph (1)(A) of this subsection and subsection (a)
regarding establishment, operation, and administration of
effective and successful midnight basketball league programs
under this subsection and subsection (c)(3).
``(C) Number and amount.--To the extent that amounts are
provided in appropriations Acts under paragraph (13)(B) in
each fiscal year, the Secretary shall make technical
assistance grants under paragraph (1)(B). In each fiscal year
that such amounts are available the Secretary shall make 4
such grants, as follows:
``(i) 2 grants shall be made to eligible advisory entities
for development of midnight basketball league programs in
public housing projects.
``(ii) 2 grants shall be made to eligible advisory entities
for development of midnight basketball league programs in
suburban or rural areas.
Each grant shall be in an amount not exceeding $25,000.
``(9) Advisory committee.--The Secretary of Housing and
Urban Development shall appoint an Advisory Committee to
assist the Secretary in providing grants under this
subsection. The Advisory Committee shall be composed of not
more than 7 members, as follows:
``(A) Not less than 2 individuals who are involved in
managing or administering midnight basketball programs that
the Secretary determines have been successful and effective.
Such individuals may not be involved in a program assisted
under this subsection or a member or employee of an eligible
advisory entity that receives a technical assistance grant
under paragraph (1)(B).
``(B) A representative of the Center for Substance Abuse
Prevention of the Public Health Service, Department of Health
and Human Services, who is involved in administering the
grant program for prevention, treatment, and rehabilitation
model projects for high risk youth under section 509A of the
Public Health Service Act (42 U.S.C. 290aa-8), who shall be
selected by the Secretary of Health and Human Services.
``(C) A representative of the Department of Education, who
shall be selected by the Secretary of Education.
``(D) A representative of the Department of Health and
Human Services, who shall be selected by the Secretary of
Health and Human Services from among officers and employees
of the Department involved in issues relating to high-risk
youth.
``(10) Reports.--The Secretary shall require each eligible
entity receiving a grant under paragraph (1)(A) and each
eligible advisory entity receiving a grant under paragraph
(1)(B) to submit to the Secretary, for each year in which
grant amounts are received by the entity, a report describing
the activities carried out with such amounts.
``(11) Study.--To the extent amounts are provided under
appropriation Acts pursuant to paragraph (13)(C), the
Secretary shall make a grant to one entity qualified to carry
out a study under this paragraph. The entity shall use such
grant amounts to carry out a scientific study of the
effectiveness of midnight basketball league programs under
paragraph (4) of eligible entities receiving grants under
paragraph (1)(A). The Secretary shall require such entity to
submit a report describing the study and any conclusions and
recommendations resulting from the study to the Congress and
the Secretary not later than the expiration of the 2-year
period beginning on the date that the grant under this
paragraph is made.
``(12) Definitions.--For purposes of this subsection:
``(A) The term `Advisory Committee' means the Advisory
Committee established under paragraph (9).
``(B) The term `eligible advisory entity' means an entity
meeting the requirements under paragraph (8)(A).
``(C) The term `eligible entity' means an entity described
under paragraph (2)(A).
``(D) The term `federally assisted low-income housing' has
the meaning given the term in section 5126 of the Public and
Assisted Housing Drug Elimination Act of 1990.
``(13) Authorization of appropriations.--There are
authorized to be appropriated--
``(A) for grants under paragraph (1)(A), $2,650,000 in each
of fiscal years 1994 and 1995;
``(B) for technical assistance grants under paragraph
(1)(B), $100,000 in each of fiscal years 1994 and 1995; and
``(C) for a study grant under paragraph (11), $250,000 in
fiscal year 1994.''.
SEC. 703. PUBLIC HOUSING MIDNIGHT BASKETBALL LEAGUE PROGRAMS.
Section 520(c) of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C 11903a(c)) is amended by adding at the
end the following new paragraph:
``(3) Midnight basketball league programs.--Notwithstanding
any other provision of this subsection and subsection (d), a
grant under this section may be used to carry out any youth
sports program that meets the requirements of a midnight
basketball league program under subsection (l)(4) (not
including subparagraph (B) of such subsection) if the program
serves primarily youths and young adults from the public
housing project in which the program assisted by the grant is
operated.''.
TITLE VIII--YOUTH VIOLENCE IN SCHOOLS AND COMMUNITIES
SEC. 801. PURPOSE.
It is the purpose of this title to help local communities
achieve Goal Six of the National Education Goals, which
provides that by the year 2000, every school in America will
be free of drugs and violence and will offer a disciplined
environment conducive to learning, by strengthening local
disciplinary control.
SEC. 802. FINDINGS.
The Congress finds that--
(1) the violence within elementary and secondary schools
across the Nation has increased dramatically during the past
decade;
(2) almost 3,000,000 crimes occur on or near school
campuses every year, with 16,000 crimes occurring per school
day or one crime occurring every 6 seconds;
(3) 20 percent of teachers in schools have reported being
threatened with violence by a student;
(4) schools are being asked to take on responsibilities
that society as a whole has neglected, and teachers and
principals are being forced to referee fights rather than
teach;
(5) over two-thirds of public school teachers have been
verbally abused, threatened with injury, or physically
attacked;
(6) violent or criminal behavior by students interferes
with a teacher's ability to teach in a safe environment the
students not exhibiting such behavior;
(7) 40 percent of all students do not feel safe in school
and 50 percent of all students know someone who switched
schools to feel safer;
(8) nearly one-half of the teachers who leave the teaching
profession cite discipline problems as one of the main
reasons for leaving such profession; and
(9) a lack of parental involvement contributes strongly to
school violence.
SEC. 803. PROVISIONS.
(a) Local Discipline Control.--No Federal law or
regulation, except education and civil rights laws protecting
individuals with disabilities, or State policy implementing
such a Federal law or regulation, shall restrict any local
educational agency, or elementary or secondary school, from
developing and implementing disciplinary policies and action
with respect to criminal or violent acts of students,
occurring on school premises, in order to create an
environment conducive to learning.
(b) Shared Information.--No Federal law or regulation, or
State policy implementing such a Federal law or regulation,
shall restrict any local educational agency or elementary or
secondary school from requesting and receiving information
from a State agency, local educational agency, or an
elementary or secondary school regarding a conviction or
juvenile adjudication, within five years of the date of the
request, or a pending prosecution for a violent or weapons
offense, of a student who is attending an elementary or
secondary school served by the local educational agency, or
the elementary or secondary school, requesting such
information.
(c) Parental Responsibility.--It is the policy of the
Congress that States, in cooperation with local educational
agencies, schools, and parent groups, should be encouraged to
enforce disciplinary policies with respect to parents of
children who display criminal or violent behavior toward
teachers, students, other persons, or school property.
TITLE IX--EDUCATIONAL RESEARCH AND IMPROVEMENT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Educational Research and
Improvement Act of 1994''.
PART A--OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT
SEC. 911. REPEAL.
(a) Repeal.--Section 405 of the General Education
Provisions Act (20 U.S.C. 1221e) is repealed.
(b) Conforming Amendment.--The second sentence of section
209 of the Department of Education Organization Act (20
U.S.C. 3419) is amended by inserting ``and such functions as
set forth in section 102 of the Educational Research and
Improvement Act of 1993'' after ``delegate''.
SEC. 912. OFFICE OF EDUCATIONAL RESEARCH AND IMPROVEMENT.
(a) Purposes; Composition; Definitions.--
(1) Purposes.--The purposes of the Office of Educational
Research and Improvement are to--
(A) assess, promote, and improve the quality and equity of
education in the United States, so that all Americans have an
equal opportunity to receive an education of the highest
quality;
(B) provide new directions for federally supported research
and development activities with a view toward reform in the
Nation's school systems, achieving the National Education
Goals and affecting national policy for education;
(C) provide leadership in the scientific inquiry into the
educational process;
(D) provide leadership in advancing the practice of
education as an art, science, and profession;
(E) collect, analyze, and disseminate statistics and other
data related to education in the United States and other
nations; and
(F) make available to the Congress and the people of the
United States the results of research and development
activities in the field of education in order to bring
research directly to the classroom to improve educational
practice.
(2) Composition.--
(A) In general.--The Office shall be administered by the
Assistant Secretary and shall include--
(i) the Advisory Board of Educational Research described in
subparagraph (B);
(ii) the directorates for educational research described in
subsections (c) through (h);
(iii) the regional educational laboratories described in
subsection (k);
(iv) the Office of Dissemination and Reform Assistance
described in subsection (m);
(v) the National Education Library described in subsection
(o);
(vi) the Education Resources Information Clearinghouses
described in subsection (p);
(vii) the National Center for Education Statistics,
including the National Assessment of Educational Progress;
and
(viii) such other entities as the Assistant Secretary deems
appropriate to carry out the purposes of the Office.
(B) Advisory board of educational research.--
(i) Advisory board of educational research.--The Advisory
Board of Educational Research shall consist of 9 members to
be appointed by the Secretary. The Assistant Secretary shall
serve as an ex officio member.
(ii) Qualifications.--
(I) In general.--The persons appointed as members of the
Advisory Board shall be appointed solely on the basis of--
(aa) eminence in the fields of basic or applied research,
or dissemination of such research; or
(bb) established records of distinguished service in
educational research and the education professions, including
practitioners.
(II) Consideration.--In making appointments under this
clause, the Secretary shall give due consideration to the
equitable representation of educational researchers who--
(aa) are women;
(bb) represent minority groups; or
(cc) are classroom teachers with research experience.
(III) Recommendations.--In making appointments under this
clause, the Secretary shall give due consideration to any
recommendations for an appointment which may be submitted to
the Secretary by a variety of groups with prominence in
educational research and development, including the National
Academy of Education and the National Academy of Sciences.
(IV) A member of the Advisory Board may not serve on any
other Department of Education advisory board, or as a paid
consultant of such Department.
(iii) Term.--(I) The term of office of each member of the
Advisory Board shall be 6 years, except that initial
appointments shall be made to ensure staggered terms, with
one-third of such members' terms expiring every 2 years. Any
member appointed to fill a vacancy occurring prior to the
expiration of the term for which the member's predecessor was
appointed shall be appointed for the remainder of such term.
Any person, other than the Assistant Secretary, who has been
a member of the Advisory Board for 12 consecutive years shall
thereafter be ineligible for appointment during the 6-year
period following such twelfth year.
(II) Prohibition regarding removal.--The Secretary shall
neither remove nor encourage the departure of a member of the
Advisory Board appointed in accordance with this subparagraph
before the expiration of such member's term.
(III) Chairperson.--The members of the Advisory Board shall
select a Chairperson from among such members.
(IV) Quorum.--A majority of the appointed members of the
Advisory Board shall constitute a quorum.
(V) Staff.--From amounts appropriated pursuant to the
authority of subsection (q)(1)(A), the Advisory Board, in
consultation with the Assistant Secretary, shall recommend
for appointment such staff as may be necessary. Such staff
shall be appointed by the Assistant Secretary and assigned at
the direction of the Advisory Board.
(iv) Responsibilities.--The Advisory Board shall provide
oversight of the Office, and shall--
(I) advise the Nation on the Federal research and
development effort;
(II) recommend ways for strengthening active partnerships
among researchers, educational practitioners, librarians, and
policymakers;
(III) recommend ways to strengthen interaction and
collaboration between the various program offices and
components;
(IV) solicit advice and information from the educational
field, to define research needs and suggestions for research
topics, and shall involve educational practitioners,
particularly teachers, in this process;
(V) solicit advice from practitioners, policymakers, and
researchers, and recommend missions for the national research
centers assisted under this section by identifying topics
which require long-term, sustained, systematic, programmatic,
and integrated research and dissemination efforts;
(VI) provide recommendations for translating research
findings into workable, adaptable models for use in policy
and in practice across different settings, and
recommendations for other forms of dissemination;
(VII) provide recommendations for creating incentives to
draw talented young people into the field of educational
research, including scholars from disadvantaged and minority
groups;
(VIII) provide recommendations for new studies to close
gaps in the research base;
(IX) evaluate and provide recommendations to the President
and the Congress regarding the quality of research conducted
through each directorate and regional educational laboratory,
the relevance of the research topics, and the effectiveness
of the dissemination of each directorate's and laboratory's
activities;
(X) advise the Assistant Secretary on standards and
guidelines for research programs and activities to ensure
that research is of high quality and free from partisan
political influence; and
(XI) provide recommendations to promote coordination and
synthesis of research among directorates.
(v) Committees and reports.--
(I) In general.--The Advisory Board is authorized to
appoint from among its members such committees as the
Advisory Board deems necessary, and to assign to committees
so appointed such survey and advisory functions as the
Advisory Board deems appropriate to assist the Advisory Board
in exercising its powers and functions under this section.
(II) From amounts appropriated pursuant to subsection
(q)(1), the Advisory Board shall transmit to the President,
for submission to the Congress not later than January 15 of
each even-numbered year, a report on the activities of the
Office, and on education, educational research, national
indicators, and data-gathering in general.
(3) Definitions.--For the purposes of this section--
(A) the term ``Advisory Board'' means the Advisory Board of
Educational Research established under paragraph (2)(B);
(B) the term ``Assistant Secretary'' means the Assistant
Secretary for Educational Research and Improvement
established by section 202 of the Department of Education
Organization Act;
(C) the term ``development'' means transformation or
adaptation of research results into usable forms, in order to
contribute to the improvement of educational practice;
(D) the term ``dissemination'' means the communication and
transfer of the results of research and proven practice in
forms that are understandable, easily accessible and usable
or adaptable for use in the improvement of educational
practice by teachers, administrators, librarians, other
practitioners, researchers, policymakers, and the public;
(E) the term ``education research'' includes basic and
applied research, inquiry with the purpose of applying tested
knowledge gained to specific educational settings and
problems, development, planning, surveys, assessments,
evaluations, investigations, experiments, and demonstrations
in the field of education and other fields relating to
education;
(F) the term ``field-initiated research'' means education
research in which topics and methods of study are generated
by investigators, including teachers and other practitioners,
not by the source of funding;
(G) the term ``Indian reservation'' means a reservation, as
such term is defined in--
(i) section 3(d) of the Indian Financing Act of 1974 (25
U.S.C. 1452(d)); or
(ii) section 4(10) of the Indian Child Welfare Act of 1978
(25 U.S.C. 1903(10));
(H) the term ``Office'', unless otherwise specified, means
the Office of Educational Research and Improvement
established by section 209 of the Department of Education
Organization Act; and
(I) the term ``technical assistance'' means assistance in
identifying, selecting, or designing solutions based on
research to address educational problems, planning and design
that leads to adapting research knowledge to school practice,
training to implement such solutions, and other assistance
necessary to encourage adoption or application of research.
(b) Authorized Activities.--
(1) Office.--In fulfilling its purposes under this section,
the Office is authorized to--
(A) conduct and support education-related research
activities, including basic and applied research,
development, planning, surveys, assessments, evaluations,
investigations, experiments, and demonstrations of national
significance;
(B) disseminate the findings of education research, and
provide technical assistance to apply such information to
specific school problems at the school site;
(C) collect, analyze, and disseminate data related to
education, and to library and information services;
(D) promote the use of knowledge gained from research and
statistical findings in schools, other educational
institutions, and communities;
(E) provide training in education research; and
(F) promote the coordination of education research and
research support within the Federal Government, and otherwise
assist and foster such research.
(2) Open competition.--All grants, contracts, and
cooperative agreements awarded or entered into pursuant to
this section shall be awarded or entered into through a
process of open competition and peer review that shall be
announced in the Federal Register or other publication that
the Secretary determines appropriate.
(3) Assistant secretary.--
(A) In general.--In carrying out the activities and
programs of the Office, the Assistant Secretary shall--
(i) ensure that there is broad and regular public and
professional involvement from the educational field in the
planning and carrying out of the Office's activities,
including establishing teacher advisory boards for any
program office, program or project of the Office as the
Assistant Secretary deems necessary, and involving Indian and
Alaska Native researchers and educators in activities that
relate to the education of Indian and Alaska Native people;
(ii) ensure that the selection of research topics and the
administration of the program are free from partisan
political influence;
(iii) develop directly, or through grant or contract,
standards and guidelines for research, programs and
activities carried out through the Office;
(iv) establish a long- and short-term research agenda in
consultation with the Advisory Board; and
(v) review research priorities established within each
directorate and promote research syntheses across the
directorates.
(B) Information and technical assistance.--The Assistant
Secretary is authorized to offer information and technical
assistance to State and local educational agencies, school
boards, and schools, including schools funded by the Bureau
of Indian Affairs, to ensure that no student is--
(i) denied access to the same rigorous, challenging
curriculum that such student's peers are offered; or
(ii) grouped or otherwise labeled in such a way that may
impede such student's achievement.
(C) Long-term agenda.--One year after the date of enactment
of this Act, the Assistant Secretary shall submit a report to
the President and to the Congress on a 6-year long-term plan
for the educational research agenda for the Office. Upon
submission of such report and every 2 years thereafter, the
Assistant Secretary shall submit to the President and to the
Congress a progress report on the 6-year plan, including an
assessment of the success or failure of meeting the
components of the 6-year plan, proposed modifications or
changes to the 6-year plan, and additions to the 6-year plan.
(4) Secretary.--The Secretary shall enter into contracts
for the conduct of independent evaluations of the programs
and activities carried out through the Office in accordance
with this section, and transmit such evaluations to the
Congress, the President and the Assistant Secretary, in order
to--
(A) evaluate--
(i) the effectiveness of the programs and activities of the
Office; and
(ii) the implementation of projects and programs funded
through the Office over time;
(iii) the impact of educational research on instruction at
the school level; and
(iv) the ability of the Office to keep research funding
free from partisan political interference;
(B) measure the success of educational information
dissemination;
(C) assess the usefulness of research and activities
carried out by the Office, including products disseminated by
the Office; and
(D) provide recommendations for improvement of the programs
of the Office.
(5) Intradepartmental coordination.--(A) The Secretary
shall establish and maintain a program designed to facilitate
planning and cooperative research and development throughout
the Department of Education.
(B) The program described in subparagraph (A) shall
include--
(i) establishing and maintaining a database on all
Department of Education funded research and improvement
efforts;
(ii) coordinating the work of the various program offices
within the Department of Education to avoid duplication;
(iii) working cooperatively with the employees of various
program offices with the Department of Education on projects
of common interest to avoid duplication; and
(iv) generally increasing communication throughout the
Department of Education regarding education research.
(c) Directorates of Educational Research.--
(1) Requirements.--
(A) In general.--In carrying out the functions of the
Office, the Assistant Secretary shall establish 5
directorates of educational research in accordance with this
section.
(B) Director.--The Assistant Secretary shall appoint a
Director for each directorate. Each such Director shall be a
leading professional in the field relevant to the mission of
the directorate.
(C) Research syntheses.--The Assistant Secretary shall
provide for and promote research syntheses across the
directorates in early childhood, elementary, secondary,
vocational, and higher education, and shall coordinate
research plans, projects, and findings across the
directorates, placing a priority on synthesis and
coordination between the directorates described in
subsections (d) and (e). Each Director shall report directly
to the Assistant Secretary, regarding the activities of the
directorate, and shall work together to promote research
syntheses across the directorates.
(2) Duties.--Each such directorate shall--
(A) carry out its activities directly or through grants,
contracts, and cooperative agreements with institutions of
higher education, public and private organizations,
institutions, agencies or individuals, or a consortia
thereof;
(B) conduct and support the highest quality basic and
applied research in early childhood, elementary and
secondary, vocational and higher education, including teacher
education, which is relevant to the directorate;
(C) have improved student learning and achievement as its
primary focus;
(D) promote research that is based in core content areas;
(E) conduct sustained research and development on improving
the educational achievement of poor and minority individuals
as an integral part of the directorates' work;
(F) serve as a national database on model and demonstration
programs which have particular application to the activities
of the directorate, particularly with respect to model
programs conducted by businesses, private, and nonprofit
organizations and foundations;
(G) support, plan, implement, and operate dissemination
activities designed to bring the most effective research
directly into classroom practice, school organization and
management, teacher preparation and training, and libraries,
and to the extent possible, carry out dissemination
activities through the use of technology;
(H) support and provide research information that leads to
policy formation for State legislatures, State and local
boards of education, schools funded by the Bureau of Indian
Affairs, and other policy and governing bodies, to assist
such entities in identifying and developing effective
policies to promote student achievement and school
improvement;
(I) coordinate the directorate's activities with the
activities of the regional educational laboratories
established pursuant to subsection (k) and with other
educational service organizations in designing the
directorate's research agenda and projects in order to
increase the responsiveness of such directorate to the needs
of teachers and the educational field and to bring research
findings directly into schools to ensure the greatest access
at the local level to the latest research developments; and
(J) provide assistance to the Assistant Secretary in
planning and coordinating syntheses that provide research
knowledge related to each level of the education system (from
preschool to higher education) to increase understanding of
student performance across different educational levels.
(3) Reservations.--
(A) Field-initiated research.--Each directorate shall
reserve in each fiscal year not less than one-third of the
amount available to such directorate to conduct field-
initiated research.
(B) National research centers.--Each directorate shall
reserve in each fiscal year not less than one-third of the
amount available to such directorate to award grants or enter
into contracts with institutions of higher education, public
agencies, or private nonprofit organizations, for the support
of long-term national research centers of sufficient size,
scope, and quality for educational research and development
in accordance with paragraph (4), except that no such center
shall receive such a grant or contract for less than
$1,100,000 for such fiscal year. Each such center shall
engage in research, development and dissemination involving
topics relevant to the mission of the directorate supporting
such center.
(C) Special rule.--No research and development center
supported by the Office and operating on the day preceding
the date of enactment of this Act shall by reason of receipt
of such support be ineligible to receive any other assistance
from the Office authorized by law.
(4) National research centers.--
(A) Duration.--The grants or contracts awarded or entered
into to support national research centers described in
paragraph (3)(B) shall be awarded or entered into for a
period of at least 5 years, and may be renewed for additional
periods of 5 years after periodic review by the Assistant
Secretary.
(B) Review.--All applications to establish a national
research center shall be reviewed by independent experts in
accordance with standards and guidelines developed by the
Office pursuant to subsections (a)(2)(B)(iv)(X) and
(b)(3)(A)(iii). Such standards and guidelines shall include--
(i) whether applicants have assembled a group of high
quality researchers sufficient to achieve the mission of the
center;
(ii) whether the proposed organizational structure and
arrangements will facilitate achievement of the mission of
the center;
(iii) whether there is a substantial staff commitment to
the work of the center;
(iv) whether the directors and support staff are full-time
employees, to the extent practicable;
(v) review of the contributions of the applicant's primary
researchers for the purpose of evaluating the appropriateness
of such primary researchers' experiences and expertise in the
context of the proposed center activities, and the adequacy
of such primary researchers' time commitments to achievement
of the mission of the center; and
(vi) the manner in which the results of education research
will be disseminated for further use.
(5) Publication.--The Assistant Secretary shall publish
proposed research priorities developed by each directorate in
the Federal Register every 2 years, not later than October 1
of each year, and shall allow a period of 60 days for public
comments and suggestions.
(d) National Directorate on Curriculum, Instruction, and
Assessment.--The Assistant Secretary shall establish and
operate the National Directorate on Curriculum, Instruction,
and Assessment. The directorate established under this
subsection is authorized to conduct research on--
(1) methods to improve student achievement at all
educational levels in core content areas;
(2) methods to improve the process of reading, the craft of
writing, the growth of reasoning skills, and the development
of information-finding skills;
(3) enabling students to develop higher order thinking
skills;
(4) methods to teach effectively all students in mixed-
ability classrooms;
(5) developing, identifying, or evaluating new educational
assessments, including performance-based and portfolio
assessments which demonstrate skill and a command of
knowledge;
(6) standards for what students should know and be able to
do, particularly standards of desired performance set at
internationally competitive levels;
(7) the use of testing in the classroom and its impact on
improving student achievement, including an analysis of how
testing affects what is taught;
(8) test bias as such bias affects historically underserved
girls, women, and minority populations;
(9) test security, accountability, validity, reliability
and objectivity;
(10) relevant teacher training and instruction in giving a
test, scoring a test and in the use of test results to
improve student achievement;
(11) curriculum development designed to meet challenging
standards, including State efforts to develop such
curriculum;
(12) the need for, and methods of delivering, teacher
education, development, and inservice training;
(13) curriculum, instruction, and assessment in vocational
education and school-to-work transition;
(14) educational methods and activities to reduce and
prevent violence in schools;
(15) the use of technology in learning, teaching, and
testing;
(16) methods of involving parents in their children's
education and ways to involve business, industry, and other
community partners in promoting excellence in schools; and
(17) other topics relevant to the mission of the
directorate.
(e) National Directorate on the Educational Achievement of
Historically Underserved Populations.--The Assistant
Secretary shall establish and operate a National Directorate
on the Educational Achievement of Historically Underserved
Populations, the activities of which shall be closely
coordinated with those of the directorate described in
subsection (d). The directorate established under this
subsection is authorized to conduct research on--
(1) the quality of educational opportunities afforded
historically underserved populations, including minority
students, students with disabilities, economically
disadvantaged students, girls, women, limited-English
proficient students, and Indian and Alaska Native students,
particularly the quality of educational opportunities
afforded such populations in highly concentrated urban areas
and sparsely populated rural areas;
(2) effective institutional practices for expanding
opportunities for such groups;
(3) methods for overcoming the barriers to learning that
may impede student achievement;
(4) innovative teacher training and professional
development methods to help the historically underserved meet
challenging standards;
(5) the use of technology to improve the educational
opportunities and achievement of the historically
underserved;
(6) the means by which parents, community resources and
institutions (including cultural institutions) can be
utilized to support and improve the achievement of at-risk
students;
(7) methods to improve the quality of the education of
American Indian and Alaska Native students not only in
schools funded by the Bureau of Indian Affairs, but also in
public elementary and secondary schools located on or near
Indian reservations, including--
(A) research on mechanisms to facilitate the establishment
of tribal departments of education that assume responsibility
for all education programs of State educational agencies
operating on an Indian reservation and all education programs
funded by the Bureau of Indian Affairs on an Indian
reservation;
(B) research on the development of culturally appropriate
curriculum for American Indian and Alaska Native students,
including American Indian and Alaska Native culture,
language, geography, history and social studies, and
graduation requirements related to such curriculum;
(C) research on methods for recruiting, training and
retraining qualified teachers from American Indian and Alaska
Native communities, including research to promote flexibility
in the criteria for certification of such teachers;
(D) research on techniques for improving the educational
achievement of American Indian and Alaska Native students,
including methodologies to reduce dropout rates and increase
graduation by such students; and
(E) research concerning the performance by American Indian
and Alaska Native students of limited-English proficiency on
standardized achievement tests, and related factors; and
(8) other topics relevant to the mission of the
directorate.
(f) National Directorate on Early Childhood Development and
Education.--The Assistant Secretary shall establish and
operate the National Directorate on Early Childhood
Development and Education, which shall have a special
emphasis on families and communities as families and
communities relate to early childhood education. The
directorate established under this subsection is authorized
to conduct research on--
(1) effective teaching and learning methods, and
curriculum;
(2) instruction that considers the cultural experiences of
children;
(3) access to current materials in libraries;
(4) family literacy and parental involvement in student
learning;
(5) the impact that outside influences have on learning,
including television, and drug and alcohol abuse;
(6) methods for integrating learning in settings other than
the classroom, particularly within families and communities;
(7) teacher training;
(8) readiness to learn, including topics such as prenatal
care, nutrition, and health services;
(9) the use of technology, including methods to help
parents instruct their children; and
(10) other topics relevant to the mission of the
directorate.
(g) National Directorate on Elementary and Secondary
Educational Governance, Finance, Policymaking, and
Management.--The Assistant Secretary shall establish and
operate a National Directorate on Elementary and Secondary
Educational Governance, Finance, Policymaking, and
Management. The directorate established under this subsection
is authorized to conduct research on--
(1) the relationship among finance, organization, and
management, and educational productivity, particularly with
respect to student achievement across educational levels and
core content areas;
(2) school-based management, shared decisionmaking and
other innovative school structures, and State and local
reforms and educational policies, which show promise for
improving student achievement;
(3) innovative school design, including lengthening the
school day and the school year, reducing class size and
building professional development into the weekly school
schedule and, as appropriate, conducting such further
research as may be recommended or suggested by the report
issued by the National Education Commission on Time and
Learning pursuant to section 443 of the General Education
Provisions Act;
(4) the social organization of schooling and the inner-
workings of schooling;
(5) policy decisions at all levels and the impact of such
decisions on school achievement and other student outcomes;
(6) effective approaches to organizing learning;
(7) effective ways of grouping students for learning so
that a student is not labeled or stigmatized in ways that may
impede such student's achievement;
(8) the amount of dollars allocated for education that are
actually spent on classroom instruction;
(9) the organization, structure, and finance of vocational
education;
(10) disparity in school financing among States, school
districts, and schools funded by the Bureau of Indian
Affairs;
(11) the use of technology in areas such as assisting in
school-based management or ameliorating the effects of
disparity in school financing among States, school districts,
and schools funded by the Bureau of Indian Affairs;
(12) approaches to systemic reforms involving the
coordination of multiple policies at the local, State, and
Federal levels of government to promote higher levels of
student achievement;
(13) the special adult education needs of historically
underserved and minority populations;
(14) the involvement of parents and families in the
management and governance of schools and the education of
their children; and
(15) other topics relevant to the mission of the
directorate.
(h) National Directorate on Adult Education, Literacy and
Lifelong Learning.--The Assistant Secretary shall establish
and operate a National Directorate on Adult Education,
Literacy and Lifelong Learning. The directorate established
under this subsection is authorized to conduct research on--
(1) learning and performance of adults, and policies and
methods for improving learning in contexts that include
school-to-work, worker retraining, and second-language
acquisition;
(2) the most effective training methods for adults to
upgrade education and vocational skills;
(3) opportunities for adults to continue their education
beyond higher education and graduate school, in the context
of lifelong learning and information-finding skills;
(4) adult literacy and effective methods, including
technology, to eliminate illiteracy;
(5) preparing students for a lifetime of work, the ability
to adapt through retraining to the changing needs of the work
force and the ability to learn new tasks;
(6) the use of technology to develop and deliver effective
training methods for adults to upgrade their education and
their vocational skills; and
(7) other topics relevant to the mission of the
directorate.
(i) Personnel.--
(1) In general.--The Assistant Secretary may appoint, for
terms not to exceed 3 years (without regard to the provisions
of title 5, United States Code governing appointment in the
competitive service) and may compensate (without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule
pay rates) such scientific or professional employees of the
Office as the Assistant Secretary considers necessary to
accomplish the functions of the Office. Such employees shall
not exceed one-fifth of the number of full-time, regular
scientific or professional employees of the Office. The rate
of basic pay for such employees may not exceed the maximum
annual rate of pay for grade GS-15 under section 5332 of
title 5, United States Code.
(2) Reappointment.--The Assistant Secretary may reappoint
employees described in paragraph (1) upon presentation of a
clear and convincing justification of need, for 1 additional
term not to exceed 3 years. All such employees shall work on
activities of the Office and shall not be reassigned to other
duties outside the Office during their term.
(j) Selection Procedures and Fellowships.--
(1) Selection procedures.--When making competitive awards
under this section, the Assistant Secretary shall--
(A) solicit recommendations and advice regarding research
priorities, opportunities, and strategies from qualified
experts, such as education professionals and policymakers,
librarians, personnel of the regional educational
laboratories described in subsection (k) and of the research
and development centers assisted under this section, and the
Advisory Board, as well as parents and other members of the
general public;
(B) employ suitable selection procedures using the
procedures and principles of peer review providing an
appropriate balance between expertise in research and
practice for all proposals so that technical research merit
is judged by research experts and programmatic relevance is
judged by program experts, except where such peer review
procedures are clearly inappropriate given such factors as
the relatively small amount of a grant or contract or the
exigencies of the situation; and
(C) determine that the activities assisted will be
conducted efficiently, will be of high quality, and will meet
priority research and development needs under this section.
(2) Fellowships.--
(A) Publication.--The Assistant Secretary shall publish
proposed research priorities for the awarding of research
fellowships under this paragraph in the Federal Register
every 2 years, not later than October 1 of each year, and
shall allow a period of 60 days for public comments and
suggestions.
(B) Competition.--Prior to awarding a fellowship under this
paragraph, the Assistant Secretary shall invite applicants to
compete for such fellowships through notice published in the
Federal Register.
(C) Authority.--From amounts appropriated pursuant to the
authority of subsection (q)(1), the Assistant Secretary may
establish and maintain research fellowships in the Office,
for scholars, researchers, policymakers, education
practitioners, librarians, and statisticians engaged in the
use, collection, and dissemination of information about
education and educational research. Subject to regulations
published by the Assistant Secretary, fellowships may include
such stipends and allowances, including travel and
subsistence expenses provided under title 5, United States
Code, as the Assistant Secretary considers appropriate.
(k) Regional Educational Laboratories for Research,
Dissemination, and Technical Assistance.--
(1) Authority.--
(A) In general.--Subject to subparagraph (B), the Assistant
Secretary shall support at least 10 but not more than 20
regional educational laboratories established by public
agencies or private nonprofit organizations.
(B) Special rule.--In any fiscal year in which the amount
appropriated pursuant to the authority of subsection (q)(2)
exceeds $38,000,000, the Assistant Secretary may use the
amount in excess of $38,000,000 to support a regional
educational laboratory serving a region not in existence on
the day preceding the date of enactment of this Act, if such
amount is equal to or exceeds $2,000,000.
(C) Priority.--The Assistant Secretary shall give priority
to supporting a regional educational laboratory that involves
the combination or subdivision of a region or regions, such
that States within a region in existence on the day preceding
the date of enactment of this Act may be combined with States
in another such region to form a new region so long as such
combination does not result in any region in existence on
such date permanently becoming part of a larger region, nor
of any such region permanently subsuming another region.
(2) Definition.--For purposes of this subsection, the term
``regional educational laboratory'' means a public agency or
institution or a private nonprofit organization that--
(A) serves the education improvement needs in a geographic
region of the United States; and
(B) advances the National Education Goals.
(3) Duties.--Each regional educational laboratory shall--
(A) have as its central mission and primary function--
(i) to develop and disseminate educational research
products and processes to schools, teachers, local
educational agencies, State educational agencies, librarians,
and schools funded by the Bureau of Indian Affairs; and
(ii) through such development and dissemination and the
provision of technical assistance, to help all students learn
to challenging standards;
(B) provide technical assistance to State and local
educational agencies, school boards, schools funded by the
Bureau of Indian Affairs, State boards of education, schools,
and librarians in accordance with the prioritization
described in paragraph (4)(B)(vi) and needs related to
standard-driven education reform;
(C) facilitate school restructuring at the individual
school level, including technical assistance for adapting
model demonstration grant programs to each school;
(D) serve the educational development needs of the region
by providing education research in usable forms in order to
promote school improvement and academic achievement and to
correct educational deficiencies;
(E) develop a plan for identifying and serving the needs of
the region by conducting a continuing survey of the
educational needs, strengths, and weaknesses within the
region, including a process of open hearings to solicit the
views of schools, teachers, administrators, parents, local
educational agencies, librarians, and State educational
agencies within the region;
(F) use applied educational research to assist in solving
site-specific problems and to assist in development
activities;
(G) conduct applied research projects designed to serve the
particular needs of the region only in the event that such
quality applied research does not exist as determined by the
regional education laboratory or the Department of Education;
(H) facilitate communication between educational experts,
school officials, and teachers, parents, and librarians, to
enable such individuals to assist schools to develop a plan
to meet the National Education Goals;
(I) bring teams of experts together to develop and
implement school improvement plans and strategies;
(J) provide training in--
(i) the field of education research and related areas;
(ii) the use of new educational methods; and
(iii) the use of information-finding methods, practices,
techniques, and products developed in connection with such
training for which the regional educational laboratory may
support internships and fellowships and provide stipends;
(K) coordinate such laboratory's activities with the
directorates assisted under this section in designing such
laboratory's services and projects, in order to--
(i) maximize the use of research conducted through the
directorates in the work of such laboratory;
(ii) keep the directorates apprised of the work of the
regional educational laboratories in the field; and
(iii) inform the directorates about additional research
needs identified in the field;
(L) develop with the State educational agencies and library
agencies in the region and the Bureau of Indian Affairs a
plan for serving the region;
(M) collaborate and coordinate services with other
technical assistance funded by the Department of Education;
and
(N) cooperate with other regional laboratories to develop
and maintain a national network that addresses national
education problems.
(4) Governing board.--
(A) In general.--In carrying out the activities described
in paragraph (3), each regional educational laboratory shall
operate under the direction of a governing board, the members
of which--
(i) are representative of that region; and
(ii) include teachers and education researchers.
(B) Duties.--Each such governing board shall--
(i) determine, subject to the requirements of this section
and in consultation with the Assistant Secretary, the mission
of the regional educational laboratory;
(ii) ensure that the regional educational laboratory
attains and maintains a high level of quality in its work and
products;
(iii) establish standards to ensure that the regional
educational laboratory has strong and effective governance,
organization, management, and administration, and employs
qualified staff;
(iv) direct the regional educational laboratory to carry
out the regional educational laboratory's duties in a manner
as will make progress toward achieving the National Education
Goals and reforming schools and educational systems;
(v) conduct a continuing survey of the educational needs,
strengths, and weaknesses within the region, including a
process of open hearings to solicit the views of schools and
teachers; and
(vi) prioritize the needs of economically disadvantaged
urban and rural areas within the region and ensure that such
needs are served by the regional educational laboratory.
(5) Application.--Each entity desiring support for a
regional educational laboratory shall submit to the Assistant
Secretary an application that contains such information as
the Assistant Secretary may reasonably require, including
assurances that a regional educational laboratory will
address the activities described in paragraph (3).
(6) Additional projects.--In addition to activities
described in paragraph (3), the Assistant Secretary, from
amounts appropriated pursuant to subsection (q)(4), is
authorized to enter into agreements with a regional
educational laboratory for the purpose of carrying out
additional projects to enable such regional educational
laboratory to assist in efforts to achieve the National
Education Goals and for other purposes.
(7) Special rule.--No regional educational laboratory
shall, by reason of receipt of assistance under this section,
be ineligible to receive any other assistance from the Office
authorized by law or be prohibited from engaging in
activities involving international projects or endeavors.
(8) Plan.--Not later than July 1 of each year, each
regional educational laboratory shall submit to the Assistant
Secretary a plan covering the succeeding fiscal year, in
which such laboratory's mission, activities and scope of work
are described, including a general description of--
(A) the plans such laboratory expects to submit in the 4
succeeding years; and
(B) an assessment of how well such laboratory is meeting
the needs of the region.
(9) Contract duration.--The Assistant Secretary shall enter
into a contract for the purpose of supporting a regional
educational laboratory under this subsection for a minimum of
5 years. The Secretary shall ensure that the recompetition
cycles for new contracts for regional educational
laboratories are carried out in such a manner that the
expiration of the laboratory contracts is consistent with the
reauthorization cycle.
(10) Review.--The Assistant Secretary shall review the work
of each regional educational laboratory in the third year
that such laboratory receives assistance under this
subsection, and shall evaluate the performance of such
laboratory's activities to determine if such activities are
consistent with the duties described in paragraph (3).
(11) Construction.--Nothing in this subsection
shall be construed to require any modifications in the
regional educational laboratory contracts in effect on the
day preceding the date of enactment of this Act.
(12) Advance payment system.--Each regional educational
laboratory shall participate in the advance payment system of
the Department of Education.
(13) Coordination.--The regional education laboratories
shall work collaboratively, and coordinate the services such
laboratories provide, with the technical assistance centers
authorized under the Elementary and Secondary Education Act
of 1965.
(l) Teacher Research Dissemination Demonstration Program.--
(1) Findings.--The Congress finds that--
(A) education research, including research funded by the
Office, is not having the impact on the Nation's schools that
such research should;
(B) relevant education research and resulting solutions are
not being adequately disseminated to and used by the teachers
that need such research and solutions;
(C) there are insufficient linkages between the research
and development centers assisted under this section, the
regional educational laboratories described in subsection
(k), the National Diffusion Network State facilitators, the
Education Resources Information Clearinghouses, the
comprehensive technical assistance centers assisted under the
Elementary and Secondary Education Act of 1965, and the
public schools to ensure that research on effective practice
is disseminated and technical assistance provided to all
teachers;
(D) the average teacher has little time to plan or engage
in a professional dialogue with peers about strategies for
improved learning;
(E) teachers do not have direct access to information
systems or networks;
(F) teachers have little control over what inservice
education teachers will be offered; and
(G) individual teachers are not encouraged to move beyond
the walls of their school buildings to identify and use
outside resources.
(2) Establishment.--
(A) In general.--The Secretary is authorized to make grants
to, and enter into contracts or cooperative agreements with,
public and private agencies and organizations, including
institutions of higher education, the regional education
laboratories, and the research and development centers, or
consortia thereof--
(i) to develop and carry out projects that demonstrate
effective strategies for helping elementary and secondary
education teachers, in both urban and rural areas, become
knowledgeable about, assist in the design and use of, and
use, education research, including education research carried
out under this section; and
(ii) to develop, implement, and evaluate models for
creation of teacher research dissemination networks.
(B) Priority.--In awarding grants and entering into
contracts and cooperative agreements under subparagraph (A)
the Secretary shall give priority to entities that have
received Federal funds for research and dissemination.
(3) Applications.--
(A) In general.--An entity desiring to receive assistance
under this subsection shall submit an application to the
Secretary in such form, at such time, and containing such
information and assurances as the Secretary may require.
(B) Contents.--Each such application shall describe how the
project described in the application--
(i) was developed with the active participation of
elementary and secondary school teachers;
(ii) will include the continuing participation of
elementary and secondary school teachers in the management of
the project;
(iii) is organized around one or more significant research
topics;
(iv) will involve collaboration with entities that have
received Federal funds for research and dissemination; and
(v) will sustain over time teacher research dissemination
networks after Federal funding for such networks terminates.
(4) Use of funds.--Funds provided under this subsection may
be used--
(A) to train elementary and secondary education teachers
(particularly new teachers) about the sources of education
research findings, including research findings available
through activities supported by the Office, and how to access
and use such findings to improve the quality of instruction;
(B) to develop simple formats, both administrative and
technological, that allow elementary and secondary education
teachers easy access to and use of education research
findings;
(C) to share strategies and materials;
(D) to support professional networks;
(E) to survey teacher needs in the areas of research and
development; and
(F) for other activities designed to support elementary and
secondary education teachers in becoming knowledgeable about,
assisting in the design of, and using, educational research.
(5) Stipends.--The Secretary may provide for the payment of
such stipends (including allowances for subsistence and other
expenses for elementary and secondary teachers), as the
Secretary determines to be appropriate, to teachers
participating in the projects authorized under this
subsection.
(6) Coordination.--Recipients of funds under this
subsection shall, to the greatest extent possible, coordinate
their activities with related activities under the Elementary
and Secondary Education Act of 1965.
(7) Report.--The Secretary shall, within 5 years of the
date of enactment of this Act, submit to the Congress a
report on the effectiveness of activities assisted under this
subsection.
(m) Office of Dissemination and Reform Assistance.--
(1) In general.--The Assistant Secretary shall establish an
Office of Dissemination and Reform Assistance, which may
include the Education Resources Information Clearinghouses,
the regional educational laboratories, the National
Clearinghouse for Science and Mathematics Resources, the
National Diffusion Network, the National Education Library,
and such other programs and activities as the Assistant
Secretary deems appropriate. The Office of Dissemination and
Reform Assistance shall be headed by a Director who shall be
appointed by the Assistant Secretary and have a demonstrated
expertise and experience in dissemination.
(2) Duties.--In carrying out its dissemination activities,
the Office of Dissemination and Reform Assistance shall--
(A) operate a depository for all Department of Education
publications and products and make available for reproduction
such publications and products;
(B) coordinate the dissemination efforts of all Office of
Educational Research and Improvement program offices, the
regional educational laboratories, the directorates assisted
under this section, the National Diffusion Network, and the
Education Resources Information Clearinghouses;
(C) disseminate relevant and useful research, information,
products, and publications developed through or supported by
the Department of Education to schools throughout the Nation;
(D) develop the capacity to connect schools and teachers
seeking information with the relevant regional educational
laboratories assisted under subsection (k), the National
Diffusion Network, the directorates assisted under this
section, and the Education Resources Information
Clearinghouses; and
(E) provide an annual report to the Secretary regarding the
types of information, products, and services that teachers,
schools, and school districts have requested and have
determined to be most useful, and describe future plans to
adapt Department of Education products and services to
address the needs of the users of such information, products,
and services.
(3) Additional activities.--In addition, the Office of
Dissemination and Reform Assistance may--
(A) use media and other educational technology to carry out
dissemination activities, including program development;
(B) establish and maintain a database on all research and
improvement efforts funded through the Department of
Education;
(C) actively encourage cooperative publishing of
significant publications;
(D) disseminate information on successful models and
educational methods which have been recommended to the Office
of Dissemination and Reform Assistance by educators,
educational organizations, nonprofit organizations,
businesses, and foundations, and disseminate such models by
including, with any such information, an identification of
the entity or entities that have recommended the program; and
(E) engage in such other dissemination activities as the
Assistant Secretary determines necessary.
(n) National Diffusion Network State Facilitators.--The
National Diffusion Network described in section 1562 of the
Elementary and Secondary Education Act of 1965 is authorized
to provide information through National Diffusion Network
State facilitators on model or demonstration projects funded
by the Department of Education. For purposes of carrying out
this subsection, information on such model projects does not
have to be approved through the program effectiveness panel,
but may be provided directly through the State facilitators.
In addition, the National Diffusion Network may disseminate
other information available through the Office of Education
Dissemination and Reform Assistance established under
subsection (m) through the National Diffusion Network.
(o) National Education Library.--
(1) Establishment.--There shall be established a National
Library of Education at the Department of Education
(hereafter in this subsection referred to as the ``Library'')
which shall--
(A) be a national resource center for teachers, scholars,
librarians, State, local, and Indian tribal education
officials, parents, and other interested individuals; and
(B) provide resources to assist in the--
(i) advancement of research on education;
(ii) dissemination and exchange of scientific and other
information important to the improvement of education at all
levels; and
(iii) improvement of educational achievement.
(2) Mission.--The mission of the Library shall be to--
(A) become a principal center for the collection,
preservation, and effective utilization of the research and
other information related to education and to the improvement
of educational achievement;
(B) strive to ensure widespread access to the Library's
facilities and materials, coverage of all education issues
and subjects, and quality control;
(C) have an expert library staff; and
(D) use modern information technology that holds the
potential to link major libraries, schools, and educational
centers across the United States into a network of national
education resources.
(3) Functions.--The Library shall--
(A) establish a policy to acquire and preserve books,
periodicals, data, prints, films, recordings, and other
library materials related to education;
(B) establish a policy to disseminate information about the
materials available in the Library;
(C) make available through loans, photographic or other
copying procedures, or otherwise, such materials in the
Library as the Secretary deems appropriate; and
(D) provide reference and research assistance.
(4) Librarian.--
(A) In general.--The Secretary shall appoint a librarian to
head the Library.
(B) Experience.--The individual appointed pursuant to
subparagraph (A) shall have extensive experience as a
librarian.
(C) Solicitation of nominations.--The Secretary shall
solicit nominations from individuals and organizations before
making the appointment described in subparagraph (A).
(D) Salary.--The librarian shall be paid at not less than
the minimum rate of pay payable for level GS-15 of the
General Schedule.
(p) Education Resources Information Clearinghouses.--The
Assistant Secretary shall establish and support Education
Resources Information Clearinghouses (including directly
supporting dissemination services) having such functions as
the clearinghouses had on the day preceding the date of
enactment of this Act, except that--
(1) the Assistant Secretary shall establish for the
clearinghouses a coherent policy for the abstraction from,
and inclusion in, the educational resources information
clearinghouse system books, periodicals, reports, and other
materials related to education; and
(2) the clearinghouses shall collect and disseminate
information on alternative management demonstration projects
operating in public schools throughout the Nation.
(q) Authorization of Appropriations.--
(1) Directorates of educational research.--
(A) In general.--There are authorized to be appropriated
$100,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the fiscal years 1996 through 1999, to
carry out subsections (c) through (h), relating to the
Directorates of Educational Research.
(B) Appropriations of $70,000,000 or less.--From the amount
made available under clause (i) in any fiscal year in which
the amount appropriated to carry out such clause is
$70,000,000 or less--
(i) at least 25 percent of such amount shall be available
to carry out subsection (d), relating to the National
Directorate on Curriculum, Instruction, and Assessment;
(ii) at least 10 percent of such amount shall be available
to carry out subsection (e), relating to the National
Directorate on the Educational Achievement of Historically
Underserved Populations;
(iii) at least 10 percent of such amount shall be available
to carry out subsection (f), relating to the National
Directorate on Early Childhood Development and Education;
(iv) at least 5 percent of such amount shall be available
to carry out subsection (g), relating to the National
Directorate on Elementary and Secondary Educational
Governance, Finance, Policymaking, and Management;
(v) at least 5 percent of such amount shall be available to
carry out subsection (h), relating to the National
Directorate on Adult Education, Literacy and Lifelong
Learning; and
(vi) not more than 10 percent of such amount shall be
available to carry out synthesis and coordination activities
described in subsection (c)(1)(C).
(C) Appropriations greater than $70,000,000.--From the
amount made available under clause (i) in any fiscal year in
which the amount appropriated to carry out such clause is
greater than $70,000,000--
(i) at least 30 percent of such amount shall be available
to carry out subsection (d), relating to the National
Directorate on Curriculum, Instruction, and Assessment;
(ii) at least 10 percent of such amount shall be available
to carry out subsection (e), relating to the National
Directorate on the Educational Achievement of Historically
Underserved Populations;
(iii) at least 10 percent of such amount shall be available
to carry out subsection (f), relating to the National
Directorate on Early Childhood Development and Education;
(iv) at least 10 percent of such amount shall be available
to carry out subsection (g), relating to the National
Directorate on Elementary and Secondary Educational
Governance, Finance, Policymaking, and Management;
(v) at least 10 percent of such amount shall be available
to carry out subsection (h), relating to the National
Directorate on Adult Education, Literacy and Lifelong
Learning; and
(vi) not more than 10 percent of such amount shall be
available to carry out synthesis and coordination activities
described in subsection (c)(1)(C).
(D) Special rule.--Not less than 95 percent of funds
appropriated pursuant to the authority of clause (i) in any
fiscal year shall be expended to carry out this section
through grants, cooperative agreements, or contracts.
(2) Regional educational laboratories.--There are
authorized to be appropriated $41,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
fiscal years 1996 through 1999, to carry out subsection (k),
relating to the regional educational laboratories.
(3) Teacher research dissemination demonstration program.--
(A) In general.--There are authorized to be appropriated
$10,000,000 for fiscal year 1995, and such sums as may be
necessary for each of the fiscal years 1996 through 1999, to
carry out the provisions of subsection (l), relating to the
teacher research dissemination demonstration program.
(B) Peer review.--The Secretary may use not more than 0.2
percent of the amount appropriated pursuant to the authority
of subparagraph (A) for each fiscal year for peer review of
applications under this section.
(4) Office of dissemination and reform assistance.--There
are authorized to be appropriated $5,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
fiscal years 1996 through 1999, to carry out subsections (m)
and (k)(6), relating to the Office of Education Dissemination
and Reform Assistance and additional projects for regional
educational laboratories, respectively.
(5) National diffusion network state facilitators.--There
are authorized to be appropriated $10,000,000 for the fiscal
year 1995, and such sums as may be necessary for each of
fiscal years 1996 through 1999, to carry out subsection (n),
relating to the National Diffusion Network State
Facilitators.
(6) National education library.--There are authorized to be
appropriated $10,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the fiscal years 1996 through
1999, to carry out subsection (o), relating to the National
Education Library.
(7) Education resources information clearinghouses.--There
are authorized to be appropriated $10,000,000 for fiscal year
1995, and such sums as may be necessary for each of the
fiscal years 1996 through 1999, to carry out subsection (p),
relating to the Education Resources Information
Clearinghouses.
(8) Administration of funds.--When more than one Federal
agency uses funds to support a single project under this
section, the Office may act for all such agencies in
administering such funds.
(r) Existing Contracts and Grants.--
(1) Special rule.--Notwithstanding any other provision of
law, grants or contracts for the regional educational
laboratories and the centers assisted under section 405 of
the General Education Provisions Act on the day preceding the
date of enactment of this Act shall remain in effect until
the termination date of such grants or contracts, except that
the grants or contracts for such centers which terminate
before the competition for the new centers described in
subsection (c)(3)(B) is completed may be extended until the
time that the awards for such new centers are made.
(2) Funding.--The Secretary shall use amounts appropriated
pursuant to the authority of subsection (q)(1)(A) to support
the grants or contracts described in paragraph (1).
SEC. 913. SAVINGS PROVISIONS.
(a) Continuing Effect of Legal Documents.--All orders,
determinations, rules, regulations, permits, agreements,
grants, contracts, certificates, licenses, registrations,
privileges, and other administrative actions--
(1) which have been issued, made, granted, or allowed to
become effective by the President, any Federal agency or
official thereof, or by a court of competent jurisdiction, in
the performance of functions of the Office of Educational
Research and Improvement (as such functions existed on the
day before the date of enactment of this Act); and
(2) which are in effect at the time this title takes
effect, or were final before the effective date of this title
and are to become effective on or after the effective date of
this title,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, the Secretary or other
authorized official, a court of competent jurisdiction, or by
operation of law.
(b) Proceedings Not Affected.--The provisions of this title
shall not affect any proceedings, including notices of
proposed rulemaking, or any application for any license,
permit, certificate, or financial assistance pending before
the Office of Educational Research and Improvement at the
time this title takes effect, with respect to functions of
such Office but such proceedings and applications shall be
continued. Orders shall be issued in such proceedings,
appeals shall be taken therefrom, and payments shall be made
pursuant to such orders, as if this title had not been
enacted, and orders issued in any such proceedings shall
continue in effect until modified, terminated, superseded, or
revoked by a duly authorized official, by a court of
competent jurisdiction, or by operation of law. Nothing in
this subsection shall be deemed to prohibit the
discontinuance or modification of any such proceeding under
the same terms and conditions and to the same extent that
such proceeding could have been discontinued or modified if
this title had not been enacted.
(c) Suits Not Affected.--The provisions of this title shall
not affect suits commenced before the effective date of this
title, and in all such suits, proceedings shall be had,
appeals taken, and judgments rendered in the same manner and
with the same effect as if this title had not been enacted.
(d) Nonabatement of Actions.--No suit, action, or other
proceeding commenced by or against the Office of Educational
Research and Improvement, or by or against any individual in
the official capacity of such individual as an officer of the
Office of Educational Research and Improvement, shall abate
by reason of the enactment of this title.
(e) Administrative Actions Relating to Promulgation of
Regulations.--Any administrative action relating to the
preparation or promulgation of a regulation by the Office of
Educational Research and Improvement relating to a function
of such Office under this title may be continued by the
Office of Educational Research and Improvement with the same
effect as if this title had not been enacted.
SEC. 914. FIELD READERS.
Section 402 of the Department of Education Organization Act
(20 U.S.C. 3462) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Special Rule.--
``(1) In general.--Notwithstanding any other provision of
law, the Secretary may use not more than 1 percent of the
funds appropriated for any education program that awards such
funds on a competitive basis to pay the expenses and fees of
non-Federal experts necessary to review applications and
proposals for such funds.
``(2) Applicability.--The provisions of paragraph (1) shall
not apply to any education program under which funds are
authorized to be appropriated to pay the fees and expenses of
non-Federal experts to review applications and proposals for
such funds.''.
PART B--EDUCATIONAL IMPROVEMENT PROGRAMS
Subpart 1--International Education Program
SEC. 921. INTERNATIONAL EDUCATION PROGRAM.
(a) Program Established.--The Secretary shall carry out an
International Education Program in accordance with this
section that shall provide for--
(1) the study of international education programs and
delivery systems; and
(2) an international education exchange program.
(b) Assessment and Information.--The Secretary shall award
grants for the study, evaluation and analysis of education
systems in other nations, particularly Great Britain, France,
Germany and Japan. Such studies shall focus upon a
comparative analysis of curriculum, methodology and
organizational structure, including the length of the school
year and school day. In addition, the studies shall provide
an analysis of successful strategies employed by other
nations to improve student achievement, with a specific focus
upon application to schooling and the National Education
Goals.
(c) International Education Exchange.--
(1) Requirement.--
(A) In general.--The Secretary shall carry out a program to
be known as the International Education Exchange Program.
Under such program the Secretary shall award grants to or
enter into contracts with organizations with demonstrated
effectiveness or expertise in international achievement
comparisons, in order to--
(i) make available to educators from eligible countries
exemplary curriculum and teacher training programs in civics
and government education and economic education developed in
the United States;
(ii) assist eligible countries in the adaptation and
implementation of such programs or joint research concerning
such programs;
(iii) create and implement educational programs for United
States students which draw upon the experiences of emerging
constitutional democracies;
(iv) provide a means for the exchange of ideas and
experiences in civics and government education and economic
education among political, educational and private sector
leaders of participating eligible countries; and
(v) provide support for--
(I) 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
(II) effective participation in and the preservation and
improvement of an efficient market economy.
(B) Reservations.--In carrying out the program described in
subparagraph (A), the Secretary shall reserve in each fiscal
year--
(i) 50 percent of the amount available to carry out this
subsection for civics and government education activities;
and
(ii) 50 percent of such amount for economic education
activities.
(2) Contract authorized.--
(A) In general.--The Secretary is authorized to contract
with independent nonprofit educational organizations to carry
out the provisions of this subsection.
(B) Number.--The Secretary shall award at least 1 but not
more than 3 contracts described in subparagraph (A) in each
of the areas described in clauses (i) and (ii) of paragraph
(1)(B).
(C) Avoidance of duplication.--The Secretary shall award
contracts described in subparagraph (A) so as to avoid
duplication of activities in such contracts.
(D) Requirements.--Each organization with which the
Secretary enters into a contract pursuant to subparagraph (A)
shall--
(i) be experienced in--
(I) the development and national implementation of
curricular programs in civics and government education and
economic education for students from grades kindergarten
through 12 in local, intermediate, and State educational
agencies, in schools funded by the Bureau of Indian Affairs,
and in private schools throughout the Nation with the
cooperation and assistance of national professional
educational organizations, colleges and universities, and
private sector organizations;
(II) the development and implementation of cooperative
university and school based inservice training programs for
teachers of grades kindergarten through grade 12 using
scholars from such relevant disciplines as political science,
political philosophy, history, law and economics;
(III) the development of model curricular frameworks in
civics and government education and economic education;
(IV) the administration of international seminars on the
goals and objectives of civics and government education or
economic education in constitutional democracies (including
the sharing of curricular materials) for educational leaders,
teacher trainers, scholars in related disciplines, and
educational policymakers; and
(V) the evaluation of civics and government education or
economic education programs; and
(ii) have the authority to subcontract with other
organizations to carry out the provisions of this subsection.
(3) Activities.--The international education program
described in this subsection shall--
(A) provide eligible countries with--
(i) 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;
(ii) visits to school systems, institutions of higher
learning, and nonprofit organizations conducting exemplary
programs in civics and government education and economic
education in the United States;
(iii) home stays in United States communities;
(iv) translations and adaptations regarding United States
civics 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;
(v) translation of basic documents of United States
constitutional government for use in eligible countries, such
as The Federalist Papers, selected writings of Presidents
Adams and Jefferson and the Anti-Federalists, and more recent
works on political theory, constitutional law and economics;
and
(vi) research and evaluation assistance to determine--
(I) 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
(II) effective participation in and the preservation and
improvement of an efficient market economy;
(B) provide United States participants with--
(i) seminars on the histories, economics and governments of
eligible countries;
(ii) visits to school systems, institutions of higher
learning, and organizations conducting exemplary programs in
civics and government education and economic education
located in eligible countries;
(iii) home stays in eligible countries;
(iv) assistance from educators and scholars in eligible
countries in the development of curricular materials on the
history, government and economics of such countries that are
useful in United States classrooms;
(v) opportunities to provide on-site demonstrations of
United States curricula and pedagogy for educational leaders
in eligible countries; and
(vi) research and evaluation assistance to determine--
(I) 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
(II) effective participation in and improvement of an
efficient market economy; and
(C) assist participants from eligible countries and the
United States in participating in international conferences
on civics and government education and economic education for
educational leaders, teacher trainers, scholars in related
disciplines, and educational policymakers.
(4) Printer materials and programs.--All printed materials
and programs provided to foreign nations under this
subsection shall bear the logo and text used by the Marshall
Plan after World War II, that is, clasped hands with the
inscription ``A gift from the American people to the people
of (insert name of country)''.
(5) Participants.--The primary participants in the
international education program assisted under this
subsection shall be leading educators in the areas of civics
and government education and economic education, including
curriculum and teacher training specialists, scholars in
relevant disciplines, and educational policymakers, from the
United States and eligible countries.
(6) Personnel and technical experts.--The Secretary is
authorized to provide Department of Education personnel and
technical experts to assist eligible countries establish and
implement a database or other effective methods to improve
educational delivery systems, structure and organization.
(7) Definitions.--For the purpose of this subsection the
term ``eligible country'' means a Central European country,
an Eastern European country, Lithuania, Latvia, Estonia,
Georgia, the Commonwealth of Independent States, and any
country that formerly was a republic of the Soviet Union
whose political independence is recognized in the United
States.
(d) Authorization of Appropriations.--
(1) Assessment and information.--There are authorized to be
appropriated $1,000,000 for fiscal year 1995, and such sums
as may be necessary for each of the fiscal years 1996 through
1999, to carry out subsection (b).
(2) International education exchange.--There are authorized
to be appropriated $10,000,000 for fiscal year 1995, and such
sums as may be necessary for each of the fiscal years 1996
through 1999, to carry out subsection (c).
Subpart 2--Amendments to the Carl D. Perkins Vocational and Applied
Technology Education Act
SEC. 931. NATIONAL OCCUPATIONAL INFORMATION COORDINATING
COMMITTEE.
Section 422 of the Carl D. Perkins Vocational and Applied
Technology Education Act (20 U.S.C. 2422) is amended--
(1) in paragraph (2) of subsection (a), by inserting
``(including postsecondary employment and training
programs)'' after ``training programs''; and
(2) in subsection (b)--
(A) by redesignating subparagraphs (A) and (B) as
paragraphs (1) and (2), respectively;
(B) in the matter preceding paragraph (1) (as redesignated
in subparagraph (A)), by inserting ``the State board or
agency governing higher education,'' after ``coordinating
council,''; and
(C) in paragraph (1) (as redesignated in subparagraph
(A))--
(i) by striking ``Act and of'' and inserting ``Act, of'';
and
(ii) by inserting ``and of the State board or agency
governing higher education'' after ``Job Training Partnership
Act'';
(3) by redesignating subsection (d) as subsection (e); and
(4) by inserting after subsection (c) the following new
subsection:
``(d) Data Collection System.--In the development and
design of a system to provide data on graduation or
completion rates, job placement rates from occupationally
specific programs, licensing rates, and awards of high school
graduate equivalency diplomas (GED), each State board for
higher education shall develop a data collection system the
results of which can be integrated into the occupational
information system developed under this section.''.
Subpart 3--Elementary Mathematics and Science Equipment Program
SEC. 941. SHORT TITLE.
This subpart may be cited as the ``Elementary Mathematics
and Science Equipment Act''.
SEC. 942. STATEMENT OF PURPOSE.
It is the purpose of this subpart to raise the quality of
instruction in mathematics and science in the Nation's
elementary schools by providing equipment and materials
necessary for hands-on instruction through assistance to
State and local educational agencies.
SEC. 943. PROGRAM AUTHORIZED.
The Secretary is authorized to make allotments to State
educational agencies under section 944 to enable such
agencies to award grants to local educational agencies for
the purpose of providing equipment and materials to
elementary schools to improve mathematics and science
education in such schools.
SEC. 944. ALLOTMENTS OF FUNDS.
(a) In General.--From the amount appropriated under section
950 for any fiscal year, the Secretary shall reserve--
(1) not more than one-half of 1 percent for allotment among
Guam, American Samoa, the Virgin Islands, the Northern
Mariana Islands, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau
according to their respective needs for assistance under this
subpart; and
(2) one-half of 1 percent for programs for Indian students
served by schools funded by the Secretary of the Interior
which are consistent with the purposes of this subpart.
(b) Allotment.--The remainder of the amount so appropriated
(after meeting requirements in subsection (a)) shall be
allotted among State educational agencies so that--
(1) one-half of such remainder shall be distributed by
allotting to each State educational agency an amount which
bears the same ratio to such one-half of such remainder as
the number of children aged 5 to 17, inclusive, in the State
bears to the number of such children in all States; and
(2) one-half of such remainder shall be distributed
according to each State's share of allocations under chapter
1 of title I of the Elementary and Secondary Education Act of
1965,
except that no State educational agency shall receive less
than one-half of 1 percent of the amount available under this
subsection in any fiscal year or less than the amount
allotted to such State for fiscal year 1988 under title II of
the Education for Economic Security Act.
(c) Reallotment of Unused Funds.--The amount of any State
educational agency's allotment under subsection (b) for any
fiscal year to carry out this subpart which the Secretary
determines will not be required for that fiscal year to carry
out this subpart shall be available for reallotment from time
to time, on such dates during that year as the Secretary may
determine, to other State educational agencies in proportion
to the original allotments to those State educational
agencies under subsection (b) for that year but with such
proportionate amount for any of those other State educational
agencies being reduced to the extent it exceeds the sum the
Secretary estimates that the State educational agency needs
and will be able to use for that year, and the total of those
reductions shall be similarly reallotted among the State
educational agencies whose proportionate amounts were not so
reduced. Any amounts reallotted to a State educational agency
under this subsection during a year shall be deemed a subpart
of the State educational agency's allotment under subsection
(b) for that year.
(d) Definition.--For the purposes of this subpart the term
``State'' means each of the 50 States, the District of
Columbia, and the Commonwealth of Puerto Rico.
(e) Data.--The number of children aged 5 to 11, inclusive,
in the State and in all States shall be determined by the
Secretary on the basis of the most recent satisfactory data
available to the Secretary.
SEC. 945. STATE APPLICATION.
(a) Application.--Each State educational agency desiring to
receive an allotment under this subpart shall file an
application with the Secretary which covers a period of 5
fiscal years. Such application shall be filed at such time,
in such manner, and containing or accompanied by such
information as the Secretary may reasonably require.
(b) Contents of Application.--Each application described in
subsection (a) shall--
(1) provide assurances that--
(A) the State educational agency shall use the allotment
provided under this subpart to award grants to local
educational agencies within the State to enable such local
educational agencies to provide assistance to schools served
by such agency to carry out the purpose of this subpart;
(B) the State educational agency will provide such fiscal
control and funds accounting as the Secretary may require;
(C) every public elementary school in the State is eligible
to receive assistance under this subpart once over the 5-year
duration of the program assisted under this subpart;
(D) funds provided under this subpart will supplement, not
supplant, State and local funds made available for activities
authorized under this subpart;
(E) during the 5-year period described in the application,
the State educational agency will evaluate its standards and
programs for teacher preparation and inservice professional
development for elementary mathematics and science;
(F) the State educational agency will take into account the
needs for greater access to and participation in mathematics
and science by students and teachers from historically
underrepresented groups, including females, minorities,
individuals with limited-English proficiency, the
economically disadvantaged, and individuals with
disabilities; and
(G) that the needs of teachers and students in areas with
high concentrations of low-income students and sparsely
populated areas will be given priority in awarding assistance
under this subpart;
(2) provide, if appropriate, a description of how funds
paid under this subpart will be coordinated with State and
local funds and other Federal resources, particularly with
respect to programs for the professional development and
inservice training of elementary school teachers in science
and mathematics; and
(3) describe procedures--
(A) for submitting applications for programs described in
sections 236 and 237 for distribution of assistance under
this subpart within the State; and
(B) for approval of applications by the State educational
agency, including appropriate procedures to assure that such
agency will not disapprove an application without notice and
opportunity for a hearing.
(c) State Administration.--Not more than 5 percent of the
funds allotted to each State educational agency under this
subpart shall be used for the administrative costs of such
agency associated with carrying out the program assisted
under this subpart.
SEC. 946. LOCAL APPLICATION.
(a) Application.--A local educational agency that desires
to receive a grant under this subpart shall submit an
application to the State educational agency. Each such
application shall contain assurances that each school served
by the local educational agency shall be eligible for
assistance under this subpart only once.
(b) Contents of Application.--Each application described in
subsection (a) shall--
(1) describe how the local educational agency plans to set
priorities on the use and distribution among schools of grant
funds received under this subpart to meet the purpose of this
subpart;
(2) include assurances that the local educational agency
has made every effort to match on a dollar-for-dollar basis
from private or public sources the funds received under this
subpart, except that no such application shall be penalized
or denied assistance under this subpart based on failure to
provide such matching funds;
(3) describe, if applicable, how funds under this subpart
will be coordinated with State, local, and other Federal
resources, especially with respect to programs for the
professional development and inservice training of elementary
school teachers in science and mathematics; and
(4) describe the process which will be used to determine
different levels of assistance to be awarded to schools with
different needs.
(c) Priority.--In awarding grants under this subpart, the
State educational agency shall give priority to applications
that--
(1) assign highest priority to providing assistance to
schools which--
(A) are most seriously underequipped; or
(B) serve large numbers or percentages of economically
disadvantaged students;
(2) are attentive to the needs of underrepresented groups
in science and mathematics;
(3) demonstrate how science and mathematics equipment will
be part of a comprehensive plan of curriculum planning or
implementation and teacher training supporting hands-on
laboratory activities; and
(4) assign priority to providing equipment and materials
for students in grades 1 through 6.
SEC. 947. PARTICIPATION OF PRIVATE SCHOOLS.
(a) Participation of Private Schools.--To the extent
consistent with the number of children in the State or in the
school district of each local educational agency who are
enrolled in private nonprofit elementary schools, such State
educational agency shall, after consultation with appropriate
private school representatives, make provision for including
services and arrangements for the benefit of such children as
will assure the equitable participation of such children in
the purposes and benefits of this subpart.
(b) Waiver.--If by reason of any provision of State law a
local educational agency is prohibited from providing for the
participation of children or teachers from private nonprofit
schools as required by subsection (a), or if the Secretary
determines that a State or local educational agency has
substantially failed or is unwilling to provide for such
participation on an equitable basis, the Secretary shall
waive such requirements and shall arrange for the provision
of services to such children or teachers subject to the
requirement of this section. Such waivers shall be subject to
consultation, withholding, notice, and judicial review
requirements described in section 1017 of the Elementary and
Secondary Education Act of 1965.
SEC. 948. PROGRAM REQUIREMENTS.
(a) Coordination.--Each State educational agency receiving
an allotment under this subpart shall--
(1) disseminate information to school districts and
schools, including private nonprofit elementary schools,
regarding the program assisted under this subpart;
(2) evaluate applications of local educational agencies;
(3) award grants to local educational agencies based on the
priorities described in section 946(c); and
(4) evaluate local educational agencies' end-of-year
summaries and submit such evaluation to the Secretary.
(b) Limitations on Use of Funds.--
(1) In general.--Except as provided in paragraph (2), grant
funds and matching funds under this subpart only shall be
used to purchase science equipment, science materials, or
mathematical manipulative materials and shall not be used for
computers, computer peripherals, software, textbooks, or
staff development costs.
(2) Capital improvements.--Grant funds under this subpart
may not be used for capital improvements. Not more than 50
percent of any matching funds provided by the local
educational agency may be used for capital improvements of
classroom science facilities to support the hands-on
instruction that this subpart is intended to support, such as
the installation of electrical outlets, plumbing, lab tables
or counters, or ventilation mechanisms.
SEC. 949. FEDERAL ADMINISTRATION.
(a) Technical Assistance and Evaluation Procedures.--The
Secretary shall provide technical assistance and, in
consultation with State and local representatives of the
program assisted under this subpart, shall develop procedures
for State and local evaluations of the programs assisted
under this subpart.
(b) Report.--The Secretary shall report to the Congress
each year on the program assisted under this subpart.
SEC. 950. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $10,000,000 for
fiscal year 1995, and such sums as may be necessary for each
of the fiscal years 1996 through 1999, to carry out this
subpart.
Subpart 4--Media Instruction
SEC. 951. MEDIA INSTRUCTION.
(a) Grants Authorized.--The Secretary shall enter into a
contract with an independent nonprofit organization described
in subsection (b) for the establishment of a national
multimedia television-based project directed to homes,
schools and after-school programs that is designed to
motivate and improve the reading comprehension and writing
coherence of elementary school-age children.
(b) Demonstrated Effectiveness.--The Secretary shall award
the contract described in subsection (a) to an independent
nonprofit organization that has demonstrated effectiveness in
educational programming and development on a nationwide
basis.
(c) Authorization and Appropriations.--There are authorized
to be appropriated $5,000,000 for fiscal year 1995, and such
sums as may be necessary for fiscal year 1996 and fiscal year
1997, to carry out this section.
Subpart 5--Star Schools
SEC. 961. STAR SCHOOLS.
Subsection (a) of section 908 of the Star Schools
Assistance Act (20 U.S.C. 4085b(a)) is amended by striking
``greater'' and inserting ``lesser''.
Subpart 6--Office of Comprehensive School Health Education
SEC. 971. OFFICE OF COMPREHENSIVE SCHOOL HEALTH EDUCATION.
(a) In General.--Subsection (c) of section 4605 of the
Elementary and Secondary Education Act of 1965 (20 U.S.C.
3155(c)) is amended--
(1) in the matter preceding paragraph (1), by striking
``Office of the Secretary'' and inserting ``Office of
Elementary and Secondary Education''; and
(2) by adding at the end the following new paragraph:
``(4) To act as a liaison office for the coordination of
the activities undertaken by the Office under this section
with related activities of the Department of Health and Human
Services and to expand school health education research grant
programs under this section.''.
(b) Transition.--The Secretary shall take all appropriate
actions to facilitate the transfer of the Office of
Comprehensive School Health Education pursuant to the
amendment made by subsection (a).
Subpart 7--Minority-Focused Civics Education
SEC. 981. SHORT TITLE.
This subpart may be cited as the ``Minority-Focused Civics
Education Act of 1994''.
SEC. 982. PURPOSES.
It is the purpose of this subpart--
(1) to encourage improved instruction for minorities and
Native Americans in American government and civics through a
national program of accredited summer teacher training and
staff development seminars or institutes followed by academic
year inservice training programs conducted on college and
university campuses or other appropriate sites, for--
(A) social studies and other teachers responsible for
American history, government, and civics classes; and
(B) other educators who work with minority and Native
American youth; and
(2) through such improved instruction to improve minority
and Native American student knowledge and understanding of
the American system of government.
SEC. 983. GRANTS AUTHORIZED; AUTHORIZATION OF APPROPRIATIONS.
(a) Grants Authorized.--
(1) In general.--The Secretary is authorized to make grants
to eligible entities for the development and implementation
of seminars in American government and civics for elementary
and secondary school teachers and other educators who work
with minority and Native American students.
(2) Award rule.-- In awarding grants under this subpart,
the Secretary shall ensure that there is wide geographic
distribution of such grants.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $5,000,000 for fiscal 1995, and such sums
as may be necessary for each of the fiscal years 1996, 1997,
and 1998, to carry out this subpart.
SEC. 984. DEFINITIONS.
For purposes of this subpart--
(1) the term ``eligible entity'' means a State educational
agency, an institution of higher education or a State higher
education agency, or a public or private nonprofit
organization, with experience in coordinating or conducting
teacher training seminars in American government and civics
education, or a consortium thereof; and
(2) the term ``State higher education agency'' means the
officer or agency primarily responsible for the State
supervision of higher education.
SEC. 985. APPLICATIONS.
(a) Application Required.--Each eligible entity desiring a
grant under this subpart shall submit an application to the
Secretary, at such time, in such manner and containing or
accompanied by such information as the Secretary may
reasonably require.
(b) Contents of Application.--Each application submitted
pursuant to subsection (a) shall--
(1) define the learning objectives and course content of
each seminar to be held and describe the manner in which
seminar participants shall receive substantive academic
instruction in the principles, institutions and processes of
American government;
(2) provide assurances that educators successfully
participating in each seminar will qualify for either
graduate credit or professional development or advancement
credit according to the criteria established by a State or
local educational agency;
(3) describe the manner in which seminar participants shall
receive exposure to a broad array of individuals who are
actively involved in the political process, including
political party representatives drawn equally from the major
political parties, as well as representatives of other
organizations involved in the political process;
(4) provide assurances that the seminars will be conducted
on a nonpartisan basis;
(5) describe the manner in which the seminars will address
the role of minorities or Native Americans in the American
political process, including such topics as--
(A) the history and current political state of minorities
or Native Americans;
(B) recent research on minority or Native American
political socialization patterns and cognitive learning
styles; and
(C) studies of political participation patterns of
minorities or Native Americans;
(6) describe the pedagogical elements for teachers that
will enable teachers to develop effective strategies and
lesson plans for teaching minorities or Native American
students at the elementary and secondary school levels;
(7) identify the eligible entities which will conduct the
seminars for which assistance is sought;
(8) in the case that the eligible entity is an institution
of higher education, describe the plans for collaborating
with national organizations in American government and civics
education;
(9) provide assurances that during the academic year
educators participating in the summer seminars will provide
inservice training programs based upon what such educators
have learned and the curricular materials such educators have
developed or acquired for their peers in their school systems
with the approval and support of their school administrators;
and
(10) describe the activities or services for which
assistance is sought, including activities and services such
as--
(A) development of seminar curricula;
(B) development and distribution of instructional
materials;
(C) scholarships for participating teachers; and
(D) program assessment and evaluation.
(c) Priority.--The Secretary, in approving applications for
assistance under this subpart, shall give priority to
applications which demonstrate that--
(1) the applicant will serve teachers who teach in schools
with a large number or concentration of economically
disadvantaged students;
(2) the applicant has demonstrated national experience in
conducting or coordinating accredited summer seminars in
American government or civics education for elementary and
secondary school teachers;
(3) the applicant will coordinate or conduct seminars on a
national or multistate basis through a collaboration with an
institution of higher education, State higher education
agency or a public or private nonprofit organization, with
experience in coordinating or conducting teacher training
programs in American government and civics education;
(4) the applicant will coordinate or conduct seminars
designed for more than one minority student population and
for Native Americans; and
(5) the applicant will coordinate or conduct seminars that
offer a combination of academic instruction in American
government, exposure to the practical workings of the
political system, and training in appropriate pedagogical
techniques for working with minority and Native American
students.
PART C--DEFINITIONS
SEC. 991. DEFINITIONS.
For the purpose of this title--
(1) the term ``elementary school'' has the same meaning
given to such term by section 1471(8) of the Elementary and
Secondary Education Act of 1965;
(2) the term ``institution of higher education'' has the
same meaning given to such term by section 1201(a) of the
Higher Education Act of 1965;
(3) the term ``local educational agency'' has the same
meaning given to such term by section 1471(12) of the
Elementary and Secondary Education Act of 1965;
(4) the term ``secondary school'' has the same meaning
given to such term by section 1471(21) of the Elementary and
Secondary Education Act of 1965;
(5) the term ``Secretary'' means the Secretary of
Education; and
(6) the term ``State educational agency'' has the same
meaning given such term by section 1471(23) of the Elementary
and Secondary Education Act of 1965.
TITLE X--PARENTS AS TEACHERS
SEC. 1001. FINDINGS.
The Congress finds that--
(1) increased parental involvement in the education of
their children appears to be the key to long-term gains for
youngsters;
(2) providing seed money is an appropriate role for the
Federal Government to play in education;
(3) children participating in the parents as teachers
program in Missouri are found to have increased cognitive or
intellectual skills, language ability, social skills and
other predictors of school success;
(4) most early childhood programs begin at age 3 or 4 when
remediation may already be necessary; and
(5) many children receive no health screening between birth
and the time they enter school, thus such children miss the
opportunity of having developmental delays detected early.
SEC. 1002. STATEMENT OF PURPOSE.
It is the purpose of this title to encourage States and
eligible entities to develop and expand parent and early
childhood education programs in an effort to--
(1) increase parents' knowledge of and confidence in child-
rearing activities, such as teaching and nurturing their
young children;
(2) strengthen partnerships between parents and schools;
and
(3) enhance the developmental progress of participating
children.
SEC. 1003. DEFINITIONS.
For the purposes of this title--
(1) the term ``developmental screening'' means the process
of measuring the progress of children to determine if there
are problems or potential problems or advanced abilities in
the areas of understanding and use of language, perception
through sight, perception through hearing, motor development
and hand-eye coordination, health, and physical development;
(2) the term ``eligible entity'' means an entity in a State
operating a parents as teachers program;
(3) the term ``eligible family'' means any parent with one
or more children between birth and 3 years of age;
(4) the term ``lead agency'' means--
(A) except as provided in subparagraph (B), the office,
agency, or other entity in a State designated by the Governor
to administer the parents as teachers program authorized by
this title; or
(B) in the case of a grant awarded under this title to an
eligible entity, such eligible entity;
(5) the term ``parent education'' includes parent support
activities, the provision of resource materials on child
development and parent-child learning activities, private and
group educational guidance, individual and group learning
experiences for the parent and child, and other activities
that enable the parent to improve learning in the home; and
(6) the term ``parent educator'' means a person hired by
the lead agency of a State or designated by local entities
who administers group meetings, home visits and developmental
screening for eligible families.
SEC. 1004. PROGRAM ESTABLISHED.
(a) Authority.--
(1) In general.--The Secretary is authorized to make grants
in order to pay the Federal share of the cost of
establishing, expanding, or operating parents as teachers
programs in a State.
(2) Eligible recipients.--The Secretary may make a grant
under paragraph (1) to a State, except that, in the case of a
State having an eligible entity, the Secretary shall make the
grant directly to the eligible entity.
(b) Funding Rule.--Grant funds awarded under this section
shall be used so as to supplement, and to the extent
practicable, increase the level of funds that would, in the
absence of such funds, be made available from non-Federal
sources, and in no case may such funds be used so as to
supplant funds from non-Federal sources.
SEC. 1005. PROGRAM REQUIREMENTS.
(a) Requirements.--Each State or eligible entity receiving
a grant pursuant to section 1004 shall conduct a parents as
teachers program which--
(1) establishes and operates parent education programs,
including programs of developmental screening of children;
and
(2) designates a lead State agency which--
(A) shall hire parent educators who have had supervised
experience in the care and education of children;
(B) shall establish the number of group meetings and home
visits required to be provided each year for each
participating family, with a minimum of 2 group meetings and
10 home visits for each participating family;
(C) shall be responsible for administering the periodic
screening of participating children's educational, hearing
and visual development, using the Denver Developmental Test,
Zimmerman Preschool Language Scale, or other approved
screening instruments; and
(D) shall develop recruitment and retention programs for
hard-to-reach populations.
(b) Limitation.--Grant funds awarded under this title shall
only be used for parents as teachers programs which serve
families during the period beginning with the birth of a
child and ending when the child attains the age of 3.
SEC. 1006. SPECIAL RULES.
Notwithstanding any other provision of this section--
(1) no person, including home school parents, public school
parents, or private school parents, shall be required to
participate in any program of parent education or
developmental screening pursuant to the provisions of this
title;
(2) no parents as teachers program assisted under this
title shall take any action that infringes in any manner on
the right of parents to direct the education of their
children; and
(3) the provisions of section 438(c) of the General
Education Provisions Act shall apply to States and eligible
entities awarded grants under this title.
SEC. 1007. PARENTS AS TEACHERS CENTERS.
The Secretary shall establish one or more Parents As
Teachers Centers to disseminate information to, and provide
technical and training assistance to, States and eligible
entities establishing and operating parents as teachers
programs.
SEC. 1008. EVALUATIONS.
The Secretary shall complete an evaluation of the parents
as teachers programs assisted under this title within 4 years
from the date of enactment of this Act, including an
assessment of such programs' impact on at-risk children.
SEC. 1009. APPLICATION.
Each State or eligible entity desiring a grant under this
title shall submit an application to the Secretary at such
time, in such manner and accompanied by such information as
the Secretary may reasonably require. Each such application
shall describe the activities and services for which
assistance is sought.
SEC. 1010. PAYMENTS AND FEDERAL SHARE.
(a) Payments.--The Secretary shall pay to each State or
eligible entity having an application approved under section
1009 the Federal share of the cost of the activities
described in the application.
(b) Federal Share.--
(1) In general.--The Federal share--
(A) for the first year for which a State or eligible entity
receives assistance under this title shall be 100 percent;
(B) for the second such year shall be 100 percent;
(C) for the third such year shall be 75 percent;
(D) for the fourth such year shall be 50 percent; and
(E) for the fifth such year shall be 25 percent.
(2) Non-federal share.--The non-Federal share of payments
under this title may be in cash or in kind, fairly evaluated,
including planned equipment or services.
SEC. 1011. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $20,000,000 for
fiscal year 1993, and such sums as may be necessary for each
of the fiscal years 1994 through 1997, to carry out this
title.
SEC. 1012. HOME INSTRUCTION PROGRAM FOR PRESCHOOL YOUNGSTERS.
Subsection (b) of section 1052 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 2742(b)) is
amended by adding at the end the following new paragraph:
``(4)(A)(i) In any fiscal year in which this subsection
applies, each State that receives a grant under this part may
use not more than 20 percent of such grant funds in
accordance with this part (other than sections 1054(a),
1054(b), and 1055) to pay the Federal share of the cost of
establishing, operating, or expanding a Home Instruction
Program for Preschool Youngsters that is not eligible to
receive assistance under this part due to the application of
such sections.
``(ii) Each State establishing, operating or expanding a
Home Instruction Program for Preschool Youngsters pursuant to
clause (i) shall give priority to establishing, operating or
expanding, respectively, such a program that targets--
``(I) working poor families or near poor families that do
not qualify for assistance under the early childhood programs
under the Head Start Act or this chapter; and
``(II) parents who have limited or unsuccessful formal
schooling.
``(B) For the purpose of carrying out subparagraph (A), a
Home Instruction Program for Preschool Youngsters that is not
eligible to receive assistance under this part due to the
application of sections 1054(a), 1054(b), and 1055 shall be
deemed to be an eligible entity.
``(C) For the purpose of this paragraph--
``(i) the term `Home Instruction Program for Preschool
Youngsters' means a voluntary early-learning program, for
parents with one or more children between age 3 through 5,
inclusive, that--
``(I) provides support, training, and appropriate
educational materials, necessary for parents to implement a
school-readiness, home instruction program for the child; and
``(II) includes--
``(aa) group meetings with other parents participating in
the program;
``(bb) individual and group learning experiences with the
parent and child;
``(cc) provision of resource materials on child development
and parent-child learning activities; and
``(dd) other activities that enable the parent to improve
learning in the home;
``(ii) the term `limited or unsuccessful formal schooling'
means the--
``(I) completion of secondary school with low achievement
during enrollment;
``(II) noncompletion of secondary school with low
achievement during enrollment; or
``(III) lack of a certificate of graduation from a school
providing secondary education or the recognized equivalent of
such certificate;
``(iii) the term `near poor families' means families that
have an income that is approximately 130 percent of 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; and
``(iv) the term `working poor families' means families
that--
``(I) have family members--
``(aa) who are working; or
``(bb) who were looking for work during the 6 months prior
to the date on which the determination is made; and
``(II) earn an income not in excess of 150 percent of the
poverty line as described in clause (iii).''.
TITLE XI--GUN-FREE SCHOOLS
SEC. 1101. SHORT TITLE.
This title may be cited as the ``Gun-Free Schools Act of
1994''.
SEC. 1102. GUN-FREE REQUIREMENTS IN ELEMENTARY AND SECONDARY
SCHOOLS.
The Elementary and Secondary Education Act of 1965 (20
U.S.C. 2701 et seq.) is amended--
(1) by redesignating title X as title IX;
(2) by redesignating sections 8001 through 8005 as sections
9001 through 9005, respectively; and
(3) by inserting after title VII the following new title:
``TITLE VIII--GUN-FREE SCHOOLS
``SEC. 8001. GUN-FREE REQUIREMENTS.
``(a) Requirements.--
``(1) In general.--No assistance may be provided to any
local educational agency under this Act unless such agency
has in effect a policy requiring the expulsion from school
for a period of not less than one year of any student who is
determined to have brought a weapon to a school under the
jurisdiction of the agency except such policy may allow the
chief administering officer of the agency to modify such
expulsion requirement for a student on a case-by-case basis.
``(2) Definition.--For the purpose of this section, the
term ``weapon'' means a firearm as such term is defined in
section 921 of title 18, United States Code.
``(b) Report to State.--Each local educational agency
requesting assistance from the State educational agency that
is to be provided from funds made available to the State
under this Act shall provide to the State, in the application
requesting such assistance--
``(1) an assurance that such local educational agency has
in effect the policy required by subsection (a); and
``(2) a description of the circumstances surrounding any
expulsions imposed under the policy required by subsection
(a), including--
``(A) the name of the school concerned;
``(B) the number of students expelled from such school; and
``(C) the types of weapons concerned.''.
TITLE XII--ENVIRONMENTAL TOBACCO SMOKE
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Preventing Our Kids From
Inhaling Deadly Smoke (PRO-KIDS) Act of 1994''.
SEC. 1202. FINDINGS.
Congress finds that--
(1) environmental tobacco smoke comes from secondhand smoke
exhaled by smokers and sidestream smoke emitted from the
burning of cigarettes, cigars, and pipes;
(2) since citizens of the United States spend up to 90
percent of each day indoors, there is a significant potential
for exposure to environmental tobacco smoke from indoor air;
(3) exposure to environmental tobacco smoke occurs in
schools, public buildings, and other indoor facilities;
(4) recent scientific studies have concluded that exposure
to environmental tobacco smoke is a cause of lung cancer in
healthy nonsmokers and is responsible for acute and chronic
respiratory problems and other health impacts in sensitive
populations (including children);
(5) the health risks posed by environmental tobacco smoke
exceed the risks posed by many environmental pollutants
regulated by the Environmental Protection Agency; and
(6) according to information released by the Environmental
Protection Agency, environmental tobacco smoke results in a
loss to the economy of over $3,000,000,000 per year.
SEC. 1203. DEFINITIONS.
As used in this title:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Children.--The term ``children'' means individuals who
have not attained the age of 18.
(3) Children's services.--The term ``children's services''
means services that are--
(A)(i) direct health services routinely provided to
children; or
(ii) any other direct services routinely provided primarily
to children, including educational services; and
(B) funded, directly or indirectly, in whole or in part, by
Federal funds (including in-kind assistance).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Health and Human Services.
SEC. 1204. NONSMOKING POLICY FOR CHILDREN'S SERVICES.
(a) Issuance of Guidelines.--Not later than 180 days after
the date of enactment of this Act, the Administrator shall
issue guidelines for instituting and enforcing a nonsmoking
policy at each indoor facility where children's services are
provided.
(b) Contents of Guidelines.--A nonsmoking policy that meets
the requirements of the guidelines shall, at a minimum,
prohibit smoking in each portion of an indoor facility where
children's services are provided that is not ventilated
separately (as defined by the Administrator) from other
portions of the facility.
SEC. 1205. TECHNICAL ASSISTANCE.
(a) In General.--The Administrator and the Secretary shall
provide technical assistance to persons who provide
children's services and other persons who request technical
assistance.
(b) Assistance by the Administrator.--The technical
assistance provided by the Administrator under this section
shall include information to assist persons in compliance
with the requirements of this title.
(c) Assistance by the Secretary.--The technical assistance
provided by the Secretary under this section shall include
information for employees on smoking cessation programs and
on smoking and health issues.
SEC. 1206. FEDERALLY FUNDED PROGRAMS.
(a) In General.--Notwithstanding any other provision of
law, each person who provides children's services shall
establish and make a good-faith effort to enforce a
nonsmoking policy that meets or exceeds the requirements of
subsection (b).
(b) Nonsmoking Policy.--
(1) General requirements.--A nonsmoking policy meets the
requirements of this subsection if the policy--
(A) is consistent with the guidelines issued under section
1204(a);
(B) prohibits smoking in each portion of an indoor facility
used in connection with the provision of services directly to
children; and
(C) where appropriate, requires that signs stating that
smoking is not permitted be posted in each indoor facility to
communicate the policy.
(2) Permissible features.--A nonsmoking policy that meets
the requirements of this subsection may allow smoking in
those portions of the facility--
(A) in which services are not normally provided directly to
children; and
(B) that are ventilated separately from those portions of
the facility in which services are normally provided directly
to children.
(c) Waiver.--
(1) In general.--A person described in subsection (a) may
publicly petition the head of the Federal agency from which
the person receives Federal funds (including financial
assistance) for a waiver from any or all of the requirements
of subsection (b).
(2) Conditions for granting a waiver.--Except as provided
in paragraph (3), the head of the Federal agency may grant a
waiver only--
(A) after consulting with the Administrator, and receiving
the concurrence of the Administrator;
(B) after giving an opportunity for public hearing (at the
main office of the Federal agency or at any regional office
of the agency) and comment; and
(C) if the person requesting the waiver provides assurances
that are satisfactory to the head of the Federal agency (with
the concurrence of the Administrator) that--
(i) unusual extenuating circumstances prevent the person
from establishing or enforcing the nonsmoking policy (or a
requirement under the policy) referred to in subsection (b)
(including a case in which the person shares space in an
indoor facility with another entity and cannot obtain an
agreement with the other entity to abide by the nonsmoking
policy requirement) and the person will establish and make a
good-faith effort to enforce an alternative nonsmoking policy
(or alternative requirement under the policy) that will
protect children from exposure to environmental tobacco smoke
to the maximum extent possible; or
(ii) the person requesting the waiver will establish and
make a good-faith effort to enforce an alternative nonsmoking
policy (or alternative requirement under the policy) that
will protect children from exposure to environmental tobacco
smoke to the same degree as the policy (or requirement) under
subsection (b).
(3) Special waiver.--
(A) In general.--On receipt of an application, the head of
the Federal agency may grant a special waiver to a person
described in subsection (a) who employs individuals who are
members of a labor organization and provide children's
services pursuant to a collective bargaining agreement that--
(i) took effect before the date of enactment of this Act;
and
(ii) includes provisions relating to smoking privileges
that are in violation of the requirements of this section.
(B) Termination of waiver.--A special waiver granted under
this paragraph shall terminate on the earlier of--
(i) the first expiration date (after the date of enactment
of this Act) of the collective bargaining agreement
containing the provisions relating to smoking privileges; or
(ii) the date that is 1 year after the date specified in
subsection (f).
(d) Civil Penalties.--
(1) In general.--Any person subject to the requirements of
this section who fails to comply with the requirements shall
be liable to the United States for a civil penalty in an
amount not to exceed $1,000 for each violation, but in no
case shall the amount be in excess of the amount of Federal
funds received by the person for the fiscal year in which the
violation occurred for the provision of children's services.
Each day a violation continues shall constitute a separate
violation.
(2) Assessment.--A civil penalty for a violation of this
section shall be assessed by the head of the Federal agency
that provided Federal funds (including financial assistance)
to the person (or if the head of the Federal agency does not
have the authority to issue an order, the appropriate
official) by an order made on the record after opportunity
for a hearing in accordance with section 554 of title 5,
United States Code. Before issuing the order, the head of the
Federal agency (or the appropriate official) shall--
(A) give written notice to the person to be assessed a
civil penalty under the order of the proposal to issue the
order; and
(B) provide the person an opportunity to request, not later
than 15 days after the date of receipt of the notice, a
hearing on the order.
(3) Amount of civil penalty.--In determining the amount of
a civil penalty under this subsection, the head of the
Federal agency (or the appropriate official) shall take into
account--
(A) the nature, circumstances, extent, and gravity of the
violation;
(B) with respect to the violator, the ability to pay, the
effect of the penalty on the ability to continue operation,
any prior history of the same kind of violation, the degree
of culpability, and a demonstration of willingness to comply
with the requirements of this title; and
(C) such other matters as justice may require.
(4) Modification.--The head of the Federal agency (or the
appropriate official) may compromise, modify, or remit, with
or without conditions, any civil penalty that may be imposed
under this subsection. The amount of the penalty as finally
determined or agreed upon in compromise may be deducted from
any sums that the United States owes to the person against
whom the penalty is assessed.
(5) Petition for review.--A person who has requested a
hearing concerning the assessment of a penalty pursuant to
paragraph (2) and is aggrieved by an order assessing a civil
penalty may file a petition for judicial review of the order
with the United States Court of Appeals for the District of
Columbia Circuit or for any other circuit in which the person
resides or transacts business. The petition may only be filed
during the 30-day period beginning on the date of issuance of
the order making the assessment.
(6) Failure to pay.--If a person fails to pay an assessment
of a civil penalty--
(A) after the order making the assessment has become a
final order and without filing a petition for judicial review
in accordance with paragraph (5); or
(B) after a court has entered a final judgment in favor of
the head of the Federal agency (or appropriate official),
the Attorney General shall recover the amount assessed (plus
interest at then currently prevailing rates from the last day
of the 30-day period referred to in paragraph (5) or the date
of the final judgment, as the case may be) in an action
brought in an appropriate district court of the United
States. In the action, the validity, amount, and
appropriateness of the penalty shall not be subject to
review.
(e) Exemption.--This section shall not apply to a person
who provides children's services who--
(1) has attained the age of 18;
(2) provides children's services--
(A) in a private residence; and
(B) only to children who are, by affinity or consanguinity,
or by court decree, a grandchild, niece, or nephew of the
provider; and
(3) is registered and complies with any State requirements
that govern the children's services provided.
(f) Effective Date.--This section shall take effect on the
first day of the first fiscal year beginning after the date
of enactment of this Act.
SEC. 1207. REPORT BY THE ADMINISTRATOR.
Not later than 2 years after the date of enactment of this
Act, the Administrator shall submit a report to Congress that
includes--
(1) information concerning the degree of compliance with
this title; and
(2) an assessment of the legal status of smoking in public
places.
SEC. 1208. PREEMPTION.
Nothing in this title is intended to preempt any provision
of law of a State or political subdivision of a State that is
more restrictive than a provision of this title.
Motion Offered by Mr. Ford of Michigan
Mr. FORD of Michigan. Mr. Speaker, I offer a motion.
The Clerk read as follows:
Mr. Ford of Michigan moves to concur in the Senate
amendment with a further amendment, as follows:
House amendment to Senate amendment: In lieu of the
language contained in the Senate amendment, insert:
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--GOALS 2000: EDUCATE AMERICA ACT
Sec. 101. Purpose.
Part A--National Education Goals
Sec. 111. Purpose.
Sec. 112. National education goals.
Part B--National Education Reform, Leadership, Standards, and
Assessments
SUBPART 1--NATIONAL EDUCATION GOALS PANEL
Sec. 121. Purpose.
Sec. 122. National Education Goals Panel.
Sec. 123. Duties.
Sec. 124. Powers of the Goals Panel.
Sec. 125. Administrative provisions.
Sec. 126. Director and staff; experts and consultants.
Sec. 127. Early childhood assessment.
SUBPART 2--NATIONAL EDUCATION STANDARDS AND IMPROVEMENT COUNCIL
Sec. 131. Purpose.
Sec. 132. National Education Standards and Improvement Council.
Sec. 133. Duties.
Sec. 134. Annual reports.
Sec. 135. Powers of the Council.
Sec. 136. Publication for public comment.
Sec. 137. Administrative provisions.
Sec. 138. Director and staff; experts and consultants.
Sec. 139. Opportunity-to-learn development grant.
Sec. 140. Assessment development and evaluation grants.
Sec. 141. Evaluation.
SUBPART 3--AUTHORIZATION OF APPROPRIATIONS
Sec. 145. Authorization of appropriations.
Part C--State and Local Education Systemic Improvement
Sec. 151. Congressional findings.
Sec. 152. Purpose.
Sec. 153. Authorization of appropriations.
Sec. 154. Allotment of funds.
Sec. 155. State applications.
Sec. 156. State improvement plans.
Sec. 157. Secretary's review of applications; payments.
Sec. 158. State use of funds.
Sec. 159. Subgrants for local reform and professional development.
Sec. 160. Availability of information and training.
Sec. 161. Waivers of statutory and regulatory requirements.
Sec. 162. Progress reports.
Sec. 163. National leadership.
Sec. 164. Assistance to the outlying areas and to the Secretary of the
Interior.
Part D--National Skill Standards Board
Sec. 171. Purpose.
Sec. 172. Establishment of National Board.
Sec. 173. Functions of the National Board.
Sec. 174. Deadlines.
Sec. 175. Reports.
Sec. 176. Authorization of appropriations.
Sec. 177. Definitions.
Part E--Miscellaneous
Sec. 181. Definitions.
Sec. 182. Limitations.
Sec. 183. Assessment of educational progress activities.
Sec. 184. Compliance with Buy American Act.
Sec. 185. Sense of Congress; requirement regarding notice.
Sec. 186. Prohibition of contracts.
Part F--Parental Information and Resources
Sec. 191. Parental information and resources
Sec. 192. Eligibility.
Sec. 193. Uses of funds.
Sec. 194. Technical assistance.
Sec. 195. Experimental centers.
Sec. 196. Reports.
Sec. 197. Authorization of appropriations.
TITLE II--EDUCATIONAL RESEARCH, DEVELOPMENT, AND DISSEMINATION
EXCELLENCE ACT
Sec. 201. Findings.
Part A--General Provisions Regarding Office of Educational Research and
Improvement
Sec. 211. General provisions.
Sec. 212. Assistant Secretary for Educational Research and Improvement.
Sec. 213. Savings provision.
Sec. 214. Existing grants and contracts.
Part B--National Educational Research Policy and Priorities Board
Sec. 221. Establishment within Office of Educational Research and
Improvement.
Part C--National Research Institutes
Sec. 231. Establishment within Office of Educational Research and
Improvement.
Part D--National Education Dissemination System
Sec. 241. Establishment within Office of Educational Research and
Improvement.
Part E--National Library of Education
Sec. 251. Establishment within Office of Educational Research and
Improvement.
TITLE III--SAFE SCHOOLS ACT OF 1994
Sec. 301. Safe schools program authorized.
Sec. 302. Eligible applicants.
Sec. 303. Applications and plans.
Sec. 304. Grants and use of funds.
Sec. 305. National leadership.
Sec. 306. Reports.
Sec. 307. Definitions.
TITLE I--GOALS 2000: EDUCATE AMERICA ACT
SEC. 101. PURPOSE.
The purpose of this Act is to provide a framework for
meeting the National Education Goals established by title I
of this Act by--
(1) promoting coherent, nationwide, systemic education
reform;
(2) improving the quality of learning and teaching in the
classroom and in the workplace;
(3) defining appropriate and coherent Federal, State, and
local roles and responsibilities for education reform and
lifelong learning;
(4) establishing valid, reliable, and fair mechanisms for--
(A) building a broad national consensus on American
education reform;
(B) assisting in the development and certification of high-
quality, internationally competitive content and student
performance standards;
(C) assisting in the development and certification of
opportunity-to-learn standards; and
(D) assisting in the development and certification of high-
quality assessment measures that reflect the internationally
competitive content and student performance standards;
(5) supporting new initiatives at the Federal, State,
local, and school levels to provide equal educational
opportunity for all students to meet high standards and to
succeed in the world of employment and civic participation;
(6) providing a framework for the reauthorization of all
Federal education programs by--
(A) creating a vision of excellence and equity that will
guide all Federal education and related programs;
(B) providing for the establishment of high-quality,
internationally competitive content and student performance
standards that all students will be expected to achieve;
(C) providing for the establishment of high quality,
internationally competitive opportunity-to-learn standards
that all States, local educational agencies, and schools
should achieve;
(D) encouraging and enabling all State educational agencies
and local educational agencies to develop comprehensive
improvement plans that will provide a coherent framework for
the implementation of reauthorized Federal education and
related programs in an integrated fashion that effectively
educates all children enabling them to participate fully as
workers, parents, and citizens; and
(E) providing resources to help individual schools,
including those serving students with high needs, develop and
implement comprehensive improvement plans;
(7) stimulating the development and adoption of a voluntary
national system of skill standards and certification to serve
as a cornerstone of the national strategy to enhance
workforce skills; and
(8) assisting every elementary and secondary school that
receives funds under this Act to actively involve parents and
families in supporting the academic work of their children at
home and in providing parents with skills to advocate for
their children at school.
PART A--NATIONAL EDUCATION GOALS
SEC. 111. PURPOSE.
The purpose of this title is to establish national
education goals.
SEC. 112. NATIONAL EDUCATION GOALS.
The Congress declares that the National Education Goals are
the following:
(1) School readiness.--(A) By the year 2000, all children
in America will start school ready to learn.
(B) The objectives for this goal are that--
(i) all children will have access to high-quality and
developmentally appropriate preschool programs that help
prepare children for school;
(ii) every parent in America will be a child's first
teacher and devote time each day to helping his or her
preschool child learn, and parents will have access to the
training and support they need; and
(iii) all children will receive the nutrition and health
care needed to arrive at school with healthy minds and
bodies, and to maintain the mental alertness necessary to be
prepared to learn, and the number of low-birthweight babies
will be significantly reduced through enhanced prenatal
health systems.
(2) School completion.--(A) By the year 2000, the high
school graduation rate will increase to at least 90 percent.
(B) The objectives for this goal are that--
(i) the Nation must dramatically reduce its dropout rate,
and 75 percent of those students who do drop out will
successfully complete a high school degree or its equivalent;
and
(ii) the gap in high school graduation rates between
American students from minority backgrounds and their non-
minority counterparts will be eliminated.
(3) Student achievement and citizenship.--(A) By the year
2000, all students will leave grades 4, 8, and 12 having
demonstrated competency over challenging subject matter
including English, mathematics, science, foreign languages,
civics and government, arts, history, and geography, and
every school in America will ensure that all students learn
to use their minds well, so they may be prepared for
responsible citizenship, further learning, and productive
employment in our modern economy.
(B) The objectives for this goal are that--
(i) the academic performance of all students at the
elementary and secondary level will increase significantly in
every quartile, and the distribution of minority students in
each level will more closely reflect the student population
as a whole;
(ii) the percentage of all students who demonstrate the
ability to reason, solve problems, apply knowledge, and write
and communicate effectively will increase substantially;
(iii) all students will be involved in activities that
promote and demonstrate good citizenship, community service,
and personal responsibility;
(iv) all students will have access to physical education
and health education to ensure they are healthy and fit;
(v) the percentage of all students who are competent in
more than one language will substantially increase; and
(vi) all students will be knowledgeable about the diverse
cultural heritage of this Nation and about the world
community.
(4) Teacher education and professional development.--(A) By
the year 2000, the Nation's teaching force will have access
to programs for the continued improvement of their
professional skills and the opportunity to acquire the
knowledge and skills needed to instruct and prepare all
American students for the next century.
(B) The objectives of this goal are that--
(i) every State will establish opportunity-to-learn
standards and create an integrated strategy to attract,
recruit, prepare, retrain, and support the continued
professional development of teachers, administrators, and
other educators, so that there is a highly talented workforce
of professional educators to teach challenging standards;
(ii) subgrants for preservice teacher education and
professional development activity will be made to local
educational agencies, institutions of higher education,
private nonprofit organizations, or consortia of such
organizations, to support continuing, sustained, professional
development activities for all educators; and
(iii) partnerships shall be established, whenever possible,
between local educational agencies, institutions of higher
education, local labor, business, and professional
associations to provide and support programs for the
professional development of educators, particularly in the
area of emerging new technologies in education.
(5) Mathematics and science.--(A) By the year 2000, United
States students will be first in the world in mathematics and
science achievement.
(B) The objectives for this goal are that--
(i) math and science education, including the metric system
of measurement, will be strengthened throughout the system,
especially in the early grades;
(ii) the number of teachers with a substantive background
in mathematics and science, including the metric system of
measurement, will increase by 50 percent; and
(iii) the number of United States undergraduate and
graduate students, especially women and minorities, who
complete degrees in mathematics, science, and engineering
will increase significantly.
(6) Adult literacy and lifelong learning.--(A) By the year
2000, every adult American will be literate and will possess
the knowledge and skills necessary to compete in a global
economy and exercise the rights and responsibilities of
citizenship.
(B) The objectives for this goal are that--
(i) every major American business will be involved in
strengthening the connection between education and work;
(ii) all workers will have the opportunity to acquire the
knowledge and skills, from basic to highly technical, needed
to adapt to emerging new technologies, work methods, and
markets through public and private educational, vocational,
technical, workplace, or other programs;
(iii) the number of quality programs, including those at
libraries, that are designed to serve more effectively the
needs of the growing number of part-time and midcareer
students will increase substantially;
(iv) the proportion of those qualified students, especially
minorities, who enter college, who complete at least two
years, and who complete their degree programs will increase
substantially;
(v) the proportion of college graduates who demonstrate an
advanced ability to think critically, communicate
effectively, and solve problems will increase substantially;
and
(vi) schools, in implementing comprehensive parent
involvement programs, will offer more adult literacy, parent
training and life-long learning opportunities to improve the
ties between home and school, and enhance parents' work and
home lives.
(7) Safe, disciplined, and drug-free schools.--(A) By the
year 2000, every school in America will be free of drugs and
violence and will offer a disciplined environment conducive
to learning.
(B) The objectives for this goal are that--
(i) every school will implement a firm and fair policy on
use, possession, and distribution of drugs and alcohol;
(ii) parents, businesses, and community organizations will
work together to ensure the rights of students to study in a
safe and secure environment that is free of drugs and crime;
(iii) every school district will develop a comprehensive K-
12 drug and alcohol prevention education program. Drug and
alcohol curricula should be taught as an integral part of
health education. In addition, community-based teams should
be organized to provide all students and teachers with needed
support; and
(iv) every school district will develop and implement a
policy to ensure that all schools are free of weapons and
violence.
(8) School and home partnership.--(A) By the year 2000,
every school and home will engage in partnerships that will
increase parental involvement and participation in promoting
the social, emotional, and academic growth of children.
(B) The objectives for this goal are that--
(i) every State will develop policies to assist local
schools and local educational agencies to establish programs
for increasing partnerships that respond to the varying needs
of parents and the home, including parents of children who
are disadvantaged, bilingual, or disabled;
(ii) every school will actively engage parents and families
in a partnership which supports the academic work of children
at home and shared educational decision making at school;
(iii) every home will be responsible for creating an
environment of respect for education and providing the
physical and emotional support needed for learning; and
(iv) parents and families will help to ensure that schools
are adequately supported and will hold schools and teachers
to high standards of accountability.
PART B--NATIONAL EDUCATION REFORM, LEADERSHIP, STANDARDS, AND
ASSESSMENTS
Subpart 1--National Education Goals Panel
SEC. 121. PURPOSE.
It is the purpose of this part to establish a bipartisan
mechanism for--
(1) building a national consensus for education
improvement;
(2) reporting on progress toward achieving the National
Education Goals; and
(3) reviewing the voluntary national content and student
performance standards and opportunity-to-learn standards
certified by the National Education Standards and Improvement
Council, as well as the criteria for their certification, and
the criteria for the certification of State assessments by
the National Education Standards and Improvement Council with
the option of disapproving such standards and criteria not
later than 60 days after receipt from such Council.
SEC. 122. NATIONAL EDUCATION GOALS PANEL.
(a) Establishment.--There is established in the executive
branch a National Education Goals Panel (referred to in this
Act as the ``Goals Panel'') to advise the President, the
Secretary, and the Congress.
(b) Composition.--The Goals Panel shall be composed of
eighteen members (referred to in this part as ``members''),
including--
(1) two members appointed by the President;
(2) eight members who are Governors, three of whom shall be
from the same political party as the President and five of
whom shall be of the opposite political party of the
President, appointed by the Chairperson and Vice Chairperson
of the National Governors' Association, with each appointing
representatives of his or her respective political party, in
consultation with each other;
(3) four Members of Congress appointed as follows--
(A) one member appointed by the majority leader of the
Senate from among the Members of the Senate;
(B) one member appointed by the minority leader of the
Senate from among the Members of the Senate;
(C) one member appointed by the majority leader of the
House of Representatives from among the Members of the House
of Representatives; and
(D) one member appointed by the minority leader of the
House of Representatives from among the Members of the House
of Representatives; and
(4) four members of State legislatures appointed by the
President of the National Conference of State Legislatures,
of whom not more than two may be of the same political party
as the President of the United States.
(c) Special Appointment Rules.--(1) The members appointed
pursuant to subsection (b)(2) shall be appointed as follows:
(A) If the Chairperson of the National Governors'
Association is from the same political party as the
President, the Chairperson shall appoint three individuals
and the Vice Chairperson shall appoint five individuals.
(B) If the Chairperson of the National Governors'
Association is from the opposite political party as the
President, the Chairperson shall appoint five individuals and
the Vice Chairperson shall appoint three individuals.
(2) If the National Governors' Association has appointed a
panel that meets the requirements of subsections (b) and (c),
except for the requirements of subsection (b)(4), prior to
the date of enactment of this title, then the members serving
on such panel shall be deemed to be in compliance with
subsections (b) and (c) and shall not be required to be
reappointed pursuant to such subsections.
(3) To the extent feasible, the membership of the Goals
Panel shall be geographically representative and reflect the
racial, ethnic, and gender diversity of the United States.
(d) Terms.--The terms of service of members shall be as
follows:
(1) Members appointed under subsection (b)(1) shall serve
at the pleasure of the President.
(2) Members appointed under subsection (b)(2) shall serve a
two-year term, except that the initial appointments under
such paragraph shall be made to ensure staggered terms with
one-half of such members' terms concluding every two years.
(3) Members appointed under subsection (b) (3) and (4)
shall serve a term of two years.
(e) Date of Appointment.--The initial members shall be
appointed not later than sixty days after the date of
enactment of this Act.
(f) Initiation.--The Goals Panel may begin to carry out its
duties under this part when ten members of the Goals Panel
have been appointed.
(g) Vacancies.--A vacancy on the Goals Panel shall not
affect the powers of the Goals Panel, but shall be filled in
the same manner as the original appointment.
(h) Travel.--Each member may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by
section 5703 of title 5, United States Code, for each day the
member is engaged in the performance of duties away from the
home or regular place of business of the member.
(i) Chairperson.--From among the members, the President
shall appoint the Chairperson who shall serve a one-year term
and shall alternate between political parties.
(j) Conflict of Interest.--A member of the Goals Panel who
is an elected official of a State which has developed
content, student performance, or opportunity-to-learn
standards may not participate in Goals Panel consideration of
such standards.
(k) Ex Officio Member.--If the President has not appointed
the Secretary of Education as 1 of the 2 members he appoints
pursuant to subsection (b)(1), then the Secretary shall serve
as a nonvoting ex officio member of the Goals Panel.
SEC. 123. DUTIES.
(a) Duties.--The Goals Panel shall--
(1) report to the President, the Secretary, and the
Congress regarding the progress the Nation and the States are
making toward achieving the National Education Goals
established under title I of this Act, including issuing an
annual report;
(2) report on State opportunity-to-learn standards and the
progress of States in meeting such standards;
(3) review, after taking into consideration the public
comments received pursuant to section 136, with the option of
disapproving by a two-thirds majority vote of the full
membership not later than 60 days after receipt of the--
(A) criteria developed by the National Education Standards
and Improvement Council for the certification of content and
student performance standards, assessments, and opportunity-
to-learn standards; and
(B) voluntary national content and student performance
standards and opportunity-to-learn standards certified by the
National Education Standards and Improvement Council;
(4) report on promising or effective actions being taken at
the national, State, and local levels, in the public and
private sectors, to achieve the National Education Goals; and
(5) help build a nationwide, bipartisan consensus for the
reforms necessary to achieve the National Education Goals.
(b) Report.--(1) The Goals Panel shall annually prepare and
submit to the President, the Secretary, the appropriate
committees of Congress, and the Governor of each State a
report that shall--
(A) report on the progress of the United States toward
achieving the National Education Goals;
(B) identify actions that should be taken by Federal,
State, and local governments to enhance progress toward
achieving the National Education Goals and State opportunity-
to-learn standards; and
(C) report on State opportunity-to-learn standards and the
progress of States in meeting such standards.
(2) Reports shall be presented in a form, and include data,
that is understandable to parents and the general public.
SEC. 124. POWERS OF THE GOALS PANEL.
(a) Hearings.--(1) The Goals Panel shall, for the purpose
of carrying out this part, conduct such hearings, sit and act
at such times and places, take such testimony, and receive
such evidence, as the Goals Panel considers appropriate.
(2) In carrying out this part, the Goals Panel shall
conduct hearings to receive reports, views, and analyses of a
broad spectrum of experts and the public on the establishment
of voluntary national content and student performance
standards, assessments, and opportunity-to-learn standards.
(b) Information.--The Goals Panel may secure directly from
any department or agency of the United States information
necessary to enable the Goals Panel to carry out this part.
Upon request of the Chairperson of the Goals Panel, the head
of a department or agency shall furnish such information to
the Goals Panel to the extent permitted by law.
(c) Postal Services.--The Goals Panel may use the United
States mail in the same manner and under the same conditions
as other departments and agencies of the United States.
(d) Use of Facilities.--The Goals Panel may, with consent,
use the research, equipment, services, and facilities of any
agency or instrumentality of the United States, or of any
State or political subdivision thereof.
(e) Administrative Arrangements and Support.--(1) The
Secretary shall provide to the Goals Panel, on a reimbursable
basis, such administrative support services as the Goals
Panel may request.
(2) The Secretary shall, to the extent appropriate, and on
a reimbursable basis, make contracts and other arrangements
that are requested by the Goals Panel to help it compile and
analyze data or carry out other functions necessary to the
performance of such responsibilities.
SEC. 125. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Goals Panel shall meet on a regular
basis, as necessary, at the call of the Chairperson of the
Goals Panel or a majority of its members.
(b) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
(c) Voting.--No individual may vote, or exercise any of the
powers of a member, by proxy.
(d) Public Access.--The Goals Panel shall ensure public
access to its proceedings (other than proceedings, or
portions of proceedings, relating to internal personnel and
management matters) and make available to the public, at
reasonable cost, transcripts of such proceedings.
SEC. 126. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Goals Panel shall,
without regard to the provisions of title 5, United States
Code, relating to the appointment and compensation of
officers or employees of the United States, appoint a
Director to be paid at a rate not to exceed the rate of basic
pay payable for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--(1)(A) The Director
may appoint not more than four additional employees to serve
as staff to the Goals Panel without regard to the provisions
of title 5, United States Code, governing appointments in the
competitive service.
(B) The employees appointed under paragraph (1)(A) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the maximum rate of basic pay
payable for GS-15 of the General Schedule.
(2) The Director may appoint additional employees to serve
as staff to the Goals Panel consistent with title 5, United
States Code.
(c) Experts and Consultants.--The Goals Panel may procure
temporary and intermittent services of experts and
consultants under section 3109(b) of title 5, United States
Code.
(d) Staff of Federal Agencies.--Upon the request of the
Goals Panel, the head of any department or agency of the
United States may detail any of the personnel of such agency
to the Goals Panel to assist the Goals Panel in its duties
under this part.
SEC. 127. EARLY CHILDHOOD ASSESSMENT.
(a) General.--(1) The Goals Panel shall support the work of
its Resource and Technical Planning Groups on School
Readiness (referred to in this section as the Groups) to
improve the methods of assessing the readiness of children
for school that would lead to alternatives to currently used
norm-referenced early childhood assessments.
(2) The Groups shall--
(A) create clear guidelines regarding the nature,
functions, and uses of early childhood assessments, including
a model of school readiness that addresses a broad range of
early childhood developmental needs;
(B) monitor and evaluate early childhood assessments,
including the ability of existing assessments to provide
valid information on the readiness of children for school;
and
(C) monitor and report on the long-term collection of data
on the status of young children to improve policy and
practice, including the need for new sources of data
necessary to assess the broad range of early childhood
developmental needs.
(b) Advice.--The Groups shall advise and assist the
Congress, the Secretary, the Goals Panel, and others
regarding how to improve the assessment of young children and
how such assessments can improve services to children.
(c) Report.--The Goals Panel shall provide reports on the
work of the Groups to the Congress, the Secretary, and the
public.
Subpart 2--National Education Standards and Improvement Council
SEC. 131. PURPOSE.
The purpose of this part is to establish a mechanism to--
(1) certify and regularly review voluntary national content
and student performance standards that define what all
students should know and be able to do;
(2) certify content and student performance standards
submitted by States on a voluntary basis, if such standards
are of equal or higher quality to the voluntary national
content and student performance standards certified by the
National Education Standards and Improvement Council;
(3) certify and regularly review voluntary national
opportunity-to-learn standards that describe the conditions
of teaching and learning necessary for all students to have a
fair opportunity to achieve the knowledge and skills
described in the voluntary national content and student
performance standards certified by the National Education
Standards and Improvement Council;
(4) certify opportunity-to-learn standards submitted by
States on a voluntary basis, if such standards are of equal
or higher quality as compared with the voluntary national
opportunity-to-learn standards; and
(5) certify assessment systems submitted by States on a
voluntary basis, if such systems are aligned with State
content standards certified by the National Education
Standards and Improvement Council and if such systems are
valid, reliable, and consistent with relevant, nationally
recognized, professional and technical standards for
assessment when used for their intended purposes.
SEC. 132. NATIONAL EDUCATION STANDARDS AND IMPROVEMENT
COUNCIL.
(a) Establishment.--There is established in the executive
branch a National Education Standards and Improvement Council
(referred to in this title as the ``Council'').
(b) Composition.--The Council shall be composed of twenty
members (referred to in this part as ``members'') who shall
be appointed as follows:
(1) 8 members (2 from each of subparagraphs (A) through (D)
of subsection (c)(1)) shall be appointed by the President;
(2) 4 members (1 from each of subparagraphs (A) through (D)
of subsection (c)(1)) shall be appointed by the Speaker of
the House of Representatives, in consultation with the
majority and minority leaders of the House;
(3) 4 members (1 from each of subparagraphs (A) through (D)
of subsection (c)(1)) shall be appointed by the majority
leader of the Senate, in consultation with the minority
leader of the Senate; and
(4) 4 members (1 from each of subparagraphs (A) through (D)
of subsection (c)(1)) shall be appointed by the National
Education Goals Panel.
(c) Qualifications.--(1) The members of the Council shall
include--
(A) 5 professional educators, including elementary and
secondary classroom teachers, preschool educators and other
school-based professionals, local district or State
administrators, related service personnel, and other
educators;
(B) 5 representatives of business and industry, organized
labor, and postsecondary educational institutions, including
at least 1 representative of postsecondary educational
institutions, at least 1 representative of organized labor,
and at least 1 representative of business who is also a
member of the National Skill Standards Board;
(C) 5 representatives of the public, including
representatives of advocacy, civil rights and disability
groups, parents, civic leaders, and local and State education
policymakers (including State, local, or tribal school
boards); and
(D) 5 education experts, including experts in measurement
and assessment, curriculum, school finance and equity, and
school reform.
(2) To the extent feasible, the membership of the Council
shall be geographically representative of the United States
and reflect the diversity of the United States with regard to
race, ethnicity, gender, and disability characteristics.
(3) One-third of the Council shall consist of individuals
with expertise in the educational needs of children who are
from low-income families, minority backgrounds, have limited-
English proficiency, or have disabilities.
(d) Terms.--(1) Members shall be appointed for 3-year
terms, with no member serving more than 2 consecutive terms.
(2) The Council shall establish by lot initial terms for
individuals of one, two, or three years in order to establish
a rotation in which one-third of the members are selected
each year.
(e) Date of Appointment.--The initial members shall be
appointed not later than 120 days after the date of enactment
of this Act.
(f) Initiation.--The Council shall begin to carry out the
duties of the Council under this part when all 20 members
have been appointed.
(g) Retention.--In order to retain an appointment to the
Council, a member must attend at least two-thirds of the
scheduled meetings of the Council in any given year.
(h) Vacancy.--A vacancy on the Council shall not affect the
powers of the Council, but shall be filled in the same manner
as the original appointment.
(i) Compensation.--Members of the Council who are not
regular full-time employees of the United States may, while
attending meetings or hearings of the Council, be provided
compensation at a rate fixed by the Secretary, but not
exceeding the maximum rate of basic pay payable for GS-15 of
the General Schedule.
(j) Conflict of Interest.--(1) A member of the Council may
not concurrently serve as a member of the Goals Panel.
(2) Section 208 of title 18 of the United States Code shall
apply to members of the Council except that, for the purposes
of making written determinations under subsection (b)(1), the
Government official responsible for the appointment of any
member of the Council is deemed to be the Director of the
Office of Government Ethics.
(3) A member of the Council who resides in a State which
has developed standards and assessments may not participate
in Council consideration of such standards and assessments.
(k) Travel.--Each member of the Council may be allowed
travel expenses, including per diem in lieu of subsistence,
as authorized by section 5703 of title 5, United States Code,
for each day the member is engaged in the performance of
duties away from the home or regular place of business of the
member.
(l) Officers.--The members of the Council shall select
officers from among its members. The officers of the Council
shall serve for one-year terms.
SEC. 133. DUTIES.
(a) Voluntary National Content Standards.--(1) The Council
shall--
(A) identify areas in which voluntary national content
standards need to be developed;
(B) certify voluntary national content and student
performance standards using the criteria developed under
paragraph (2)(A)(i), that define what all students should
know and be able to do;
(C) forward such voluntary national content and student
performance standards to the Goals Panel for review, except
that the Goals Panel shall have the option of disapproving
such standards by a two-thirds majority vote of the full
membership not later than 60 days after receipt of such
standards; and
(D) develop a process for regularly reviewing any national
voluntary content, student performance, and opportunity-to-
learn standards that have been certified.
(2)(A) The Council shall--
(i) identify and develop criteria to be used for certifying
the voluntary national content and student performance
standards; and
(ii) before applying such criteria, forward them to the
Goals Panel for review, except that the Goals Panel shall
have the option of disapproving such criteria by a two-thirds
majority vote of the full membership not later than 60 days
after receipt of such criteria.
(B) The criteria developed by the Council shall address--
(i) the extent to which the proposed standards are
internationally competitive and comparable to the best in the
world;
(ii) the extent to which the proposed content and student
performance standards reflect the best available knowledge
about how all students learn and about how the content area
can be most effectively taught;
(iii) the extent to which the proposed content and student
performance standards have been developed through an open and
public process that provides for input and involvement of all
relevant parties, including teachers, related services
personnel, and other professional educators, employers and
postsecondary education institutions, curriculum and subject
matter specialists, parents, advocacy groups, and the public;
and
(iv) other factors that the Council deems appropriate.
(C) In developing the criteria, the Council shall work with
entities that are developing, or have already developed,
content and student performance standards, and any other
entities that the Council deems appropriate, to identify
appropriate certification criteria.
(b) Voluntary State Content Standards.--The Council may
certify content and student performance standards presented
on a voluntary basis by States, using the criteria developed
under subsection (a)(2)(A)(i), if such standards are of equal
or higher quality to the voluntary national content and
student performance standards certified by the Council.
(c) Voluntary National Opportunity-to-Learn Standards.--(1)
The Council shall certify exemplary, voluntary national
opportunity-to-learn standards that will establish a basis
for providing all students a fair opportunity to achieve the
knowledge and skills set out in the voluntary national
content standards certified by the Council.
(2) The voluntary national opportunity-to-learn standards
certified by the Council shall address--
(A) the quality and availability of curricula,
instructional materials, and technologies, including distance
learning, to all students;
(B) the capability of teachers to provide high-quality
instruction to meet diverse learning needs in each content
area to all students;
(C) the extent to which teachers, principals, and
administrators have ready and continuing access to
professional development, including the best knowledge about
teaching, learning, and school improvement;
(D) the extent to which curriculum, instructional
practices, and assessments are aligned to content standards;
(E) the extent to which school facilities provide a safe
and secure environment for learning and instruction and have
the requisite libraries, laboratories, and other resources
necessary to provide an opportunity to learn;
(F) the extent to which schools utilize policies,
curricula, and instructional practices which ensure
nondiscrimination on the basis of gender; and
(G) other factors that the Council deems appropriate to
ensure the students receive a fair opportunity to achieve the
knowledge and skills described in the voluntary content and
student performance standards certified by the Council.
(3) In carrying out this subsection, the Council shall--
(A) identify what countries with rigorous content standards
do to--
(i) provide their children with opportunities to learn;
(ii) prepare their teachers; and
(iii) provide continuing professional development
opportunities for their teachers; and
(B) develop criteria to be used for certifying the
voluntary national and State opportunity-to-learn standards
and, before applying such criteria, forward them to the Goals
Panel for review, except that the Goals Panel shall have the
option of disapproving such standards by a two-thirds
majority vote of the full membership not later than 60 days
after receipt of such criteria.
(4) The Council shall assist in the development of the
voluntary national opportunity-to-learn standards developed
by the consortium under section 139 by--
(A) making recommendations to the Secretary regarding
priorities and selection criteria for the award made under
section 139 and
(B) coordinating with the consortium receiving an award
under section 139 to ensure that the opportunity-to-learn
standards the consortium develops are appropriate for the
needs of all students, are of high quality, and are
consistent with the criteria developed by the Council for the
certification of such standards.
(5) The Council shall forward the voluntary national
opportunity-to-learn standards it certifies to the Goals
Panel for review, except that the Goals Panel shall have the
option of disapproving such standards by a two-thirds
majority vote of the full membership not later than 60 days
after receipt of such standards.
(d) Voluntary State Opportunity-to-Learn Standards.--The
Council may certify opportunity-to-learn standards submitted
voluntarily by a State, using the criteria developed under
subsection (c)(3)(B), if such standards are of equal or
higher quality as compared to the voluntary national
opportunity-to-learn standards.
(e) General Provision Regarding Voluntary National
Standards.--The Council may certify voluntary national
content, student performance, and opportunity-to-learn
standards if such standards are sufficiently general to be
used by any State without restricting State and local control
of curriculum and prerogatives regarding instructional
methods to be employed.
(f) Assessments.--(1)(A) The Council may certify an
assessment system that is submitted voluntarily by a State,
using the criteria developed under paragraph (2)(A), if such
system is aligned with the State's content standards
certified by the Council.
(B) Assessment systems shall be certified by the Council
for the purposes of--
(i) informing students, parents, teachers, and related
services personnel about the progress of all students toward
the standards;
(ii) improving classroom instruction and improving the
learning outcomes for all students;
(iii) exemplifying for students, parents, and teachers the
kinds and levels of achievement that should be expected of
all students, including the identification of student
performance standards;
(iv) measuring and motivating individual students, schools,
districts, States, and the Nation to improve educational
performance; and
(v) assisting education policymakers in making decisions
about education programs.
(C) The Council shall certify an assessment system only
if--
(i) the State has established or adopted opportunity-to-
learn standards;
(ii) such system will not be used to make decisions
regarding graduation, grade promotion, or retention of
students for a period of five years from the date of
enactment of this Act; and
(iii) the State has submitted--
(I) a description of the purposes for which the assessment
system has been designed;
(II) the methodologies and process used to develop, select,
validate, and use such assessment systems;
(III) a copy of the test instrument and, as appropriate,
other measures that will make up the system; and
(IV) evidence that the test or tests which are part of the
assessment system are valid, reliable measures of their
intended purposes, are aligned with the State content
standards, are capable of assessing the progress of all
students toward learning the material in the State content
standards, and are consistent with relevant nationally
recognized professional and technical standards.
(D) The Council shall, at the request of a State prior to
developing an assessment system for a proposed use, review
and provide guidance to such State on a proposed package of
measures, including tests that would be included in such a
system.
(2)(A) The Council shall develop and, no sooner than three
years or later than four years after the enactment of this
Act, begin utilizing criteria for the certification of
assessment systems for the purposes indicated in paragraph
(1)(B). Before using such criteria, the Council shall forward
the criteria to the Goals Panel for review, except that the
Goals Panel shall have the option of disapproving such
criteria by a two-thirds majority vote of the full membership
not later than 60 days after receipt of such criteria.
(B) The certification criteria developed by the Council
shall address the extent to which the assessment system--
(i) is aligned with State content standards certified by
the Council; and
(ii) is to be used for a purpose for which it is valid,
reliable, free of discrimination, and is consistent with
relevant, nationally recognized professional and technical
standards for assessment.
(C) In determining appropriate certification criteria, the
Council shall--
(i) consider standards and criteria being developed by
other national organizations, research on assessment, and
emerging new State and local assessments;
(ii) recommend needed research;
(iii) encourage the development and field testing of
assessment systems; and
(iv) provide a public forum for discussing, debating, and
building consensus for the criteria to be used for the
certification of assessment systems.
(D) Prior to determining the certification criteria, the
Council shall seek public comment regarding the proposed
criteria.
(E) The Council shall certify an assessment system only if
such system includes all students.
(g) Performance of Duties.--In carrying out its
responsibilities under this title, the Council shall--
(1) provide for a process of broad public input as part of
the process of developing criteria for standards and
assessments;
(2) work with Federal and non-Federal agencies and
organizations which are conducting research, studies, or
demonstration projects to determine internationally
competitive standards and assessments, and may establish
subject matter and other panels to advise it on particular
content, student performance, and opportunity-to-learn
standards and on assessments;
(3) establish cooperative arrangements with the National
Skill Standards Board to promote the coordination of the
development of content and student performance standards
under this title with the development of skill standards
under title IV of this Act;
(4) recommend studies to the Secretary that are necessary
to carry out the Council's responsibilities;
(5) inform the public about what constitutes high quality,
internationally competitive, content, student performance,
and opportunity-to-learn standards, and assessment systems;
(6) on a regular basis, review and update criteria for
certifying content, student performance, and opportunity-to-
learn standards, and assessment systems; and
(7) periodically recertify, as appropriate, the voluntary
national content and student performance standards, and the
voluntary national opportunity-to-learn standards and the
assessments that it certifies under this section.
(h) Unconditioned State Participation.--No State shall be
required to obtain certification of standards or assessments
developed under subsection (b), (d), or (f) of this section
or to participate in programs under title III of this Act, as
a condition of participating in any Federal education program
under this or any other Act.
SEC. 134. ANNUAL REPORTS.
Not later than one year after the date the Council
concludes its first meeting, and in each succeeding year, the
Council shall prepare and submit a report to the President,
the Secretary, the appropriate committees of Congress, the
Governor of each State, and the Goals Panel regarding its
work.
SEC. 135. POWERS OF THE COUNCIL.
(a) Hearings.--(1) The Council shall, for the purpose of
carrying out its responsibilities, conduct such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence, as the Council considers appropriate.
(2) In carrying out this part, the Council shall conduct
public hearings in different geographic areas of the United
States, both urban and rural, to receive the reports, views,
and analyses of a broad spectrum of experts and the public on
the establishment of voluntary national content, student
performance, and opportunity-to-learn standards, and
assessment systems.
(b) Information.--The Council may secure directly from any
department or agency of the United States information
necessary to enable the Council to carry out this part. Upon
request of the Chairperson of the Council, the head of a
department or agency shall furnish such information to the
Council to the extent permitted by law.
(c) Postal Services.--The Council may use the United States
mail in the same manner and under the same conditions as
other departments and agencies of the United States.
(d) Use of Facilities.--The Council may, with their
consent, use the research, equipment, services, and
facilities of any agency or instrumentality of the United
States, or of any State or political subdivision thereof.
(e) Administrative Arrangements and Support.--(1) The
Secretary shall provide to the Council, on a reimbursable
basis, such administrative support services as the Council
may request.
(2) The Secretary shall, to the extent appropriate, and on
a reimbursable basis, make contracts and other arrangements
that are requested by the Council to help it compile and
analyze data or carry out other functions necessary to the
performance of its responsibilities.
SEC. 136. PUBLICATION FOR PUBLIC COMMENT.
(a) Transmittal.--For the purpose of obtaining public
comment through publication in the Federal Register, the
Council shall transmit to the Secretary--
(1) proposed criteria for certifying national and State
content and performance standards;
(2) proposed criteria for certifying national and State
opportunity-to-learn standards;
(3) proposed criteria for certifying State assessment
systems; and
(4) proposed national content, performance, and
opportunity-to-learn standards.
(b) Publication.--The Secretary shall publish such proposed
procedures, standards, and criteria in the Federal Register.
SEC.137. ADMINISTRATIVE PROVISIONS.
(a) Meetings.--The Council shall meet on a regular basis,
as necessary, at the call of the Chairperson of the Council,
or a majority of its members.
(b) Quorum.--A majority of the members shall constitute a
quorum for the transaction of business.
(c) Voting.--The Council shall take all action of the
Council by a majority vote of the total membership of the
Council, ensuring the right of the minority to issue written
views. No individual may vote or exercise any of the powers
of a member by proxy.
(d) Public Access.--The Council shall ensure public access
to its proceedings (other than proceedings, or portions of
proceedings, relating to internal personnel and management
matters) and make available to the public, at reasonable
cost, transcripts of such proceedings.
SEC. 138. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
(a) Director.--The Chairperson of the Council shall,
without regard to the provisions of title 5, United States
Code, relating to the appointment and compensation of
officers or employees of the United States, appoint a
Director to be paid at a rate not to exceed the rate of basic
pay payable for level V of the Executive Schedule.
(b) Appointment and Pay of Employees.--(1)(A) The Director
may appoint not more than four additional employees to serve
as staff to the Council without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service.
(B) The employees appointed under subparagraph (A) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the maximum rate of basic pay
payable for GS-15 of the General Schedule.
(2) The Director may appoint additional employees to serve
as staff of the Council consistent with title 5, United
States Code.
(c) Experts and Consultants.--The Council may procure
temporary and intermittent services under section 3019(b) of
title 5, United States Code.
(d) Staff of Federal Agencies.--Upon the request of the
Council, the head of any department or agency of the United
States may detail any of the personnel of such department or
agency to the Council to assist the Council in its duties
under this part.
SEC. 139. OPPORTUNITY-TO-LEARN DEVELOPMENT GRANT.
(a) Opportunity-to-Learn Development Grant.--(1) The
Secretary is authorized to make a grant, on a competitive
basis, to a consortium of individuals and organizations to
develop voluntary national opportunity-to-learn standards
consistent with the provisions of section 123(c).
(2) To the extent possible, such consortium shall include
the participation of--
(A) State-level policymakers, such as Governors, State
legislators, chief State school officers, and State school
board members;
(B) local policymakers and administrators, such as local
school board members, superintendents, and principals;
(C) teachers (especially teachers involved in the
development of content standards);
(D) parents and individuals with experience in promoting
parental involvement in education;
(E) representatives of business;
(F) experts in vocational-technical education;
(G) representatives of regional accrediting associations;
(H) individuals with expertise in school finance and
equity, the education of at-risk students, and the
preparation and training of teachers and school
administrators;
(I) curriculum and school reform experts;
(J) student and civil rights advocacy groups;
(K) representatives of higher education; and
(L) secondary school students.
(3) In developing voluntary national opportunity-to-learn
standards, such consortium shall--
(A) draw upon current research about student achievement
and the necessary conditions for effective teaching and
learning; and
(B) provide for the development of several consecutive
drafts of standards which incorporate the comments and
recommendations of educators and other knowledgeable
individuals across the Nation.
(4) One-third of the consortium shall consist of
individuals with expertise in the educational needs and
assessment of children who are from low-income families,
minority backgrounds, have limited-English proficiency, or
have disabilities.
(5) The membership of the consortium shall be
geographically representative and reflect the racial, ethnic,
and gender diversity of the United States.
(b) Applications.--(1) Any consortium that desires to
receive a grant under this subsection shall submit an
application to the Secretary at such time, in such manner,
and containing such information and assurances as the
Secretary may require.
(2) In awarding such grant, the Secretary shall give
priority to applications from consortia which involve
individuals and organizations with the greatest diversity of
perspectives and points of view.
(3) In establishing additional priorities and selection
criteria for such grant, the Secretary shall give serious
consideration to the recommendations made by the Council
pursuant to section 123(c)(4)(A).
(c) Report.--After the development of the voluntary
national opportunity-to-learn standards, the consortium
funded under this section shall submit a report to the
Secretary which discusses the background, important issues,
and rationale regarding such standards.
SEC. 140. ASSESSMENT DEVELOPMENT AND EVALUATION GRANTS.
(a) General.--(1) The Secretary is authorized to make
grants to States and local educational agencies or consortia
of such agencies to help defray the cost of developing, field
testing, and evaluating assessment systems, to be used for
some or all of the purposes indicated in section
123(f)(1)(B), that are aligned to State content standards
certified by the Council.
(2) The Secretary shall reserve a portion of the funds
authorized under section 141(d) for grants to State
educational agencies and local educational agencies for
purposes of developing such assessments in languages other
than English.
(b) Applications.--A State, local educational agency, or
consortium of such agencies that desires to receive a grant
under subsection (a)(1) shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require.
(c) Requirements.--(1) A recipient of a grant under this
section shall--
(A) examine the validity and reliability of an assessment
system for the particular purposes for which such assessment
system was developed;
(B) ensure that an assessment system is consistent with
relevant, nationally recognized professional and technical
standards for assessments; and
(C) devote special attention to how an assessment system,
treats all students, especially with regard to the race,
gender, ethnicity, disability, and language proficiency.
(2) An assessment system developed and evaluated with funds
under this section may not be used for decisions about
individual students relating to program placement, promotion,
or retention, graduation, or employment for a period of five
years from the date of enactment of this Act.
SEC. 141. EVALUATION.
(a) Grant.--From funds reserved under section 154(a)(2),
the Secretary annually shall make a grant, in an amount not
to exceed $500,000, to the Commission on Behavioral and
Social Sciences and Education of the National Academy of
Sciences or to the National Academy of Education to--
(1) evaluate--
(A) the technical quality of the work performed by the
Goals Panel and the Council;
(B) the process the Council uses to develop criteria for
certification of standards and assessments;
(C) the process the Council uses to certify voluntary
national standards as well as standards and assessments
voluntarily submitted by States; and
(D) the process the Goals Panel uses to approve
certification criteria and voluntary national standards;
(2) periodically provide to the Goals Panel and the
Council, as appropriate, information from the evaluation
under paragraph (1); and
(3) report on the activities authorized under sections 139
and 140.
(b) Report.--The grant recipient shall periodically report
to the Congress, the Secretary, and the public regarding
findings and shall make a final report not later than January
1, 1998.
Subpart 3--Authorization of Appropriations
SEC. 145. AUTHORIZATION OF APPROPRIATIONS.
(a) National Education Goals Panel.--There are authorized
to be appropriated $3,000,000 for fiscal year 1994 and such
sums as may be necessary for each of the four succeeding
fiscal years to carry out part A of this title.
(b) National Education Standards and Improvement Council.--
There are authorized to be appropriated $3,000,000 for fiscal
year 1994 and such sums as may be necessary for each of the
fiscal years 1995 through 1998 to carry out part B of this
title.
(c) Opportunity-to-Learn Development Grant.--There are
authorized to be appropriated $3,000,000 for fiscal year 1994
and such sums as may be necessary for fiscal year 1995 to
carry out the Opportunity-to-Learn Development Grant Program
established under section 139 of this title.
(d) Assessment Development and Evaluation Grants.--There
are authorized to be appropriated $5,000,000 for fiscal year
1994 and such sums as may be necessary for each of the fiscal
years 1995 through 1998 to carry out the Assessment
Development and Evaluation Grants Program established under
section 140 of this title.
PART C--STATE AND LOCAL EDUCATION SYSTEMIC IMPROVEMENT
SEC. 151. CONGRESSIONAL FINDINGS.
The Congress finds that--
(1) all students can learn and achieve high standards and
must realize their potential if the United States is to
prosper;
(2) the reforms in education of the last 15 years have
achieved some good results, but these efforts often have been
limited to a few schools or to a single part of the
educational system;
(3) leadership must come both from teachers, related
services personnel, principals, and parents in individual
schools and from policymakers at the local, State, tribal,
and national levels, in order for lasting improvements in
student performance to occur;
(4) simultaneous top-down and bottom-up education reform is
necessary to spur creative and innovative approaches by
individual schools to help all students achieve
internationally competitive standards;
(5) strategies must be developed by communities and States
to support the revitalization of all local public schools by
fundamentally changing the entire system of public education
through comprehensive, coherent, and coordinated improvement
in order to increase student learning;
(6) parents, teachers, and other local educators, and
business, community, and tribal leaders must be involved in
developing systemwide improvement strategies that reflect the
needs of their individual communities;
(7) State and local education improvement efforts must
incorporate strategies for providing all students and
families with coordinated access to appropriate social
services, health care, nutrition, and child care to remove
preventable barriers to learning and enhance school readiness
for all students;
(8) States and local educational agencies, working
together, must immediately set about developing and
implementing such systemwide improvement strategies if the
Nation is to educate all children to meet their full
potential and achieve the National Education Goals listed in
title I of this Act;
(9) State and local systemic improvement strategies must
provide all students with effective mechanisms and
appropriate paths to the workforce as well as to higher
education;
(10) business should be encouraged to enter into
partnerships with schools, provide information and guidance
to schools on the needs of area business for properly
educated graduates in general and on the need for particular
workplace skills, that the schools may provide necessary
material and support, and continue the lifelong learning
process throughout the employment years of an individual, and
schools should provide information to business regarding how
the business community can assist schools in meeting the
goals of this Act;
(11) institutions of higher education should be encouraged
to enter into partnerships with schools to provide
information and guidance to schools on the skills and
knowledge graduates need in order to enter and successfully
complete postsecondary education, and schools should provide
information and guidance to institutions of higher education
on the skills, knowledge, and preservice training teachers
need, and the types of professional development educators
need in order to meet the goals of this Act;
(12) the appropriate and innovative use of technology,
including distance learning, can be very effective in helping
to bring all students the opportunity to learn and meet high
standards; and
(13) Federal funds should be targeted to support local and
State initiatives, and to leverage State and local resources
for designing and implementing system-wide improvement plans.
SEC. 152. PURPOSE.
The purpose of this title is to improve the quality of
education for all students by improving student learning
through a long-term, broad-based effort to promote coherent
and coordinated improvements in the system of education
throughout the Nation at the local and State levels. This
title provides new authorities and funding for the Nation's
school systems without replacing or reducing funding for
existing Federal education programs. It is the intention of
the Congress that no State or local educational agency will
reduce its funding for education or for education reform on
account of receiving any funds under this title.
SEC. 153. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title, there are
authorized to be appropriated $393,000,000 for the fiscal
year 1994, and such sums as may be necessary for each of the
fiscal years 1995 through 1998.
SEC. 154. ALLOTMENT OF FUNDS.
(a) Reservations of Funds.--From funds appropriated under
section 153, the Secretary--
(1) shall reserve a total of one percent to provide
assistance, in amounts determined by the Secretary--
(A) to the outlying areas; and
(B) to the Secretary of the Interior to benefit Indian
students in schools operated or funded by the Bureau of
Indian Affairs (referred to in this Act as the ``Bureau'');
and
(2) may reserve a total of up to 6 percent for--
(A) national leadership activities under section 163;
(B) the costs of peer review of State improvement plans and
applications under this title; and
(C) evaluation activities under section 141.
(b) State Allotments.--The Secretary shall allot the
remaining amount appropriated under section 153 for each
fiscal year to the States (which for the purposes of this
subsection does not include the outlying areas) as follows:
(1) 50 percent of such remaining amount shall be allocated
in accordance with the relative amounts such State received
under chapter 1 of title I of the Elementary and Secondary
Education Act of 1965 for the preceding fiscal year.
(2) 50 percent of such remaining amount shall be allocated
in accordance with the relative amounts each such State
received under part A of chapter 2 of title I of the
Elementary and Secondary Education Act of 1965 for the
preceding fiscal year.
(c) Reallotments.--If the Secretary determines that any
amount of a State's allotment for any fiscal year under
subsection (b) will not be needed for such fiscal year by the
State, the Secretary shall reallot such amount to other
States that need additional funds, in such manner as the
Secretary determines is appropriate.
SEC. 155. STATE APPLICATIONS.
(a) General.--(1) If a State desires to receive a grant
under this title, the State educational agency shall submit
an application to the Secretary at such time and in such
manner as the Secretary may determine.
(2) In addition to the information described in subsections
(b) and (c), each such application shall include--
(A) an assurance that the State educational agency will
cooperate with the Secretary in carrying out the Secretary's
responsibilities under section 162, and will comply with
reasonable requests of the Secretary for data related to the
State's progress in developing and implementing its State
improvement plan under this title;
(B) an assurance that State law provides adequate authority
to carry out each component of the State's improvement plan
developed, or to be developed under section 156, or that such
authority will be sought;
(C) an assurance that the standards developed for student
achievement are not less rigorous than student achievement
standards used prior to the date of enactment of this Act;
(D) an assurance that the State will provide for broad
public participation in the planning process; and
(E) such other assurances and information as the Secretary
may require.
(b) First Year.--A State's application for the first year
of assistance under this title shall--
(1) describe the process by which the State will develop a
school improvement plan that meets the requirements of
section 156; and
(2) describe how the State educational agency will use
funds received under this title for such year, including how
the State educational agency will make subgrants to local
educational agencies and for teacher training.
(c) Subsequent Years.--A State's second application under
this title shall--
(1) cover the second through fifth years of its
participation;
(2) include a copy of the State's improvement plan that
meets the requirements of section 156 or, if the State plan
is not complete, a statement of the steps it will take to
complete the plan and a schedule for doing so; and
(3) include an explanation of how the State will use funds
received under this title, including how it will make
subgrants to local educational agencies and for teacher
training under section 159(b)(1).
SEC. 156. STATE IMPROVEMENT PLANS.
(a) Basic Scope of Plan.--Any State educational agency that
wishes to receive a grant under this title after its first
year of participation shall develop and implement a plan for
the fundamental restructuring and improvement of elementary
and secondary education in the State. This plan must
address--
(1) in accordance with subsection (c), the establishment or
adoption of challenging content and student performance
standards for all students and the use of curricula,
instructional practices, assessments, technology, parental
involvement programs, and professional preparation and
development approaches appropriate to help all students reach
such standards;
(2) in accordance with subsection (d), the establishment or
adoption of opportunity-to-learn standards that will define
the conditions of teaching and learning that provide all
students the opportunity to meet the challenging content and
student performance standards;
(3) in accordance with subsection (e), needed changes in
the governance and management of the education system in
order to effectively focus schools on, and assist them in,
preparing all students to meet the challenging State
standards;
(4) in accordance with subsection (f), comprehensive
strategies to involve communities, including parents,
businesses, libraries, institutions of higher education,
employment and training agencies, health and human service
agencies, advocacy groups, cultural institutions, and other
public and private agencies that provide social services,
health care, child care, early childhood education, and
nutrition to students, in helping all students meet the
challenging State standards;
(5) in accordance with subsection (g), strategies for
ensuring that all local educational agencies and schools
within the State are involved in developing and implementing
needed improvements within a specified period of time;
(6) in accordance with subsection (h), strategies for
ensuring that comprehensive, systemic reform is promoted from
the bottom up in communities, local educational agencies, and
schools; and
(7) the needs of the children, ages 5 through 18, who are
out of school and the extent to which such children can be
brought back into the education system and meet the standards
set forth in this Act.
(b) Plan Development.--(1) A State improvement plan under
this title must be developed by a broad-based panel (referred
to in this title as the ``panel'') in cooperation with the
State educational agency and the Governor. The panel shall
include--
(A) the Governor and the chief State school officer, or
their designees;
(B) the chairman of the State board of education and the
chairmen of the appropriate authorizing committees of the
State legislature, or their designees;
(C) teachers, principals, and administrators who have
successfully improved student performance and deans of
colleges of education;
(D) representatives of teacher organizations, parents,
institutions of higher education, business and labor leaders,
community-based organizations, Indian tribes, local boards of
education, State and local officials responsible for health,
social services, and other related services, and others, as
appropriate;
(E) representatives from rural and urban local educational
agencies in the State; and
(F) experts in educational measurement and assessment.
(2) The Governor and the chief State school officer shall
each appoint half the members of the State panel. The full
panel shall establish the procedures regarding the operation
of the panel, including the designation of the panel
chairperson.
(3) To the extent feasible, the membership of the panel
shall be geographically representative of the State and
reflect the diversity of the population of the State with
regard to race, ethnicity, gender, and disability
characteristics.
(4) One-third of the panel members shall be individuals
with expertise in the educational needs and assessments of
children who are from low-income families, minority group
backgrounds, have limited-English proficiency, or have
disabilities.
(5) The panel shall consult the Governor, the chief State
school officer, the State board of education, and relevant
committees of the State legislature in developing the plan.
(6) The panel shall be responsible for conducting a
statewide, grassroots outreach process, including conducting
public hearings, to involve educators, related services
personnel, parents, secondary school students, local
officials, private nonprofit elementary and secondary
schools, community and business leaders, Indian tribes,
citizens, children's advocates, and others with a stake in
the success of students and their education system, and who
are representative of the diversity of the State and its
student population, in the development of the State plan and
in a continuing dialog regarding the need for and nature of
challenging standards for all students and local and State
responsibilities for helping all students achieve them.
(7) The panel shall develop a continuing process for
interacting with local educational agencies and individual
schools engaged in systemic reform, especially including
local educational agencies and schools which receive
subgrants under section 159 of this Act, to ensure that the
development and implementation of the State plan reflects
their needs and experiences.
(8) The panel shall develop a State plan, provide
opportunity for public comment, and submit the State plan to
the State educational agency for approval.
(9) The State educational agency shall submit the original
State improvement plan developed by the panel and the State
improvement plan if modified by such agency, together with an
explanation of any changes made by such agency to the plan
developed by the panel, to the Secretary for approval.
(10) If any portion of the State plan addresses matters
that, under State or other applicable law, are not under the
authority of the State educational agency, the State
educational agency shall obtain the approval of, or changes
to, such portion, with an explanation from the Governor or
other official responsible for that portion before submitting
the plan to the Secretary.
(11) After approval of the State plan by the Secretary, the
panel, in close consultation with teachers, principals,
administrators, school boards, advocacy groups, advocates of
children with disabilities and parents in local educational
agencies and schools receiving funds under this title, shall
monitor the implementation and effectiveness of the State
plan to determine if revisions are appropriate, and shall
periodically report its findings to the public.
(c) Teaching, Learning, Standards, and Assessments.--Each
State plan shall establish strategies and a timetable for
improving teaching and learning, including--
(1) a process for developing or adopting challenging
content and student performance standards for all students
which includes coordinating the standards developed pursuant
to section 115 of the Carl D. Perkins Vocational and Applied
Technology Education Act of 1990;
(2) a process for providing assistance and support to local
educational agencies and schools to give them the capacity
and responsibility to provide all students the opportunity to
increase education achievement and meet challenging State
content and student performance standards;
(3) assessing the effectiveness and equity of the school
finance program of the State to identify disparities in the
resources available to each local educational agency and
school in such State and how such disparities affect the
ability of the State educational agency and local educational
agencies to develop and implement plans under this title;
(4) a process for developing, adopting, or recommending
instructional materials, including gender equitable and
multicultural materials, and technology to support and assist
local educational agencies and schools to provide all
students the opportunity to meet the challenging State
content and student performance standards;
(5) a process for developing and implementing a valid and
nondiscriminatory assessment system or set of locally-based
assessment systems which are consistent with relevant,
nationally recognized, professional and technical standards
for assessment, and are capable of providing coherent
information about student attainments relative to the State
content standards;
(6) a process for monitoring the implementation of such
system or systems and the impact on improved instruction for
all students;
(7) a process for improving the State's system of teacher
and school administrator preparation, licensure, and
continuing professional development so that all teachers,
related services personnel, and administrators develop the
subject matter and pedagogical expertise needed to prepare
all students to meet the challenging standards under
paragraph (1);
(8) a process for providing appropriate and effective
professional development, including the use of technology,
distance learning, and gender-equitable methods, necessary
for teachers, school administrators, and others to help all
students meet the challenging standards under paragraph (1);
and
(9) a process to ensure widespread participation of
classroom teachers in developing the portions of the plan
described in this subsection.
(d) Opportunity-to-Learn Standards.--Each State plan shall
establish a strategy and timetable for--
(1) adopting or establishing opportunity-to-learn standards
that are consistent with the challenging content and student
performance standards that have been adopted or established;
(2) ensuring that every school in the State is making
demonstrable progress toward meeting the State's opportunity-
to-learn standards;
(3) ensuring that the State's opportunity-to-learn
standards address the need of all students;
(4) providing for periodic assessments of the extent to
which opportunity-to-learn standards are being met throughout
the State; and
(5) periodically reporting to the public on the extent of
the State's improvement in achieving such standards and
providing all students with a fair opportunity to achieve the
knowledge and skill levels that meet the State's content and
student performance standards.
(e) Governance and Management.--Each State plan shall
establish strategies for improved governance and management
of its education system, such as--
(1) aligning responsibility, authority, and accountability
throughout the education system, so that decisions regarding
content and student performance standards are coordinated and
decisions regarding the means for achieving such standards
are made closest to the learners;
(2) creating an integrated and coherent approach to
attracting, recruiting, preparing and licensing, appraising,
rewarding, retaining, and supporting the continued
professional development of teachers (including vocational
teachers), administrators, and other educators, including
bilingual educators and special education providers, so that
there is a highly talented workforce of professional
educators capable of preparing all students to reach
challenging standards, with special attention to the
recruitment, training, and retention of qualified minorities
into the education profession within the State to ensure that
the profession reflects the racial and ethnic diversity of
the student population;
(3) providing incentives for high performance, such as--
(A) working with employers and institutions of higher
education to devise strategies to reward student achievement;
(B) incentives for classroom teachers, principals, and
other professional educators to participate in professional
development activities; and
(C) school-based incentives for schools and local
educational agencies to improve student performance;
(4) increasing the proportion of State and local funds
allocated to direct instructional purposes; and
(5) increasing flexibility for local educational agencies
and schools by, for example--
(A) waiving State regulations and other requirements that
impede educational improvement;
(B) focusing accountability on educational outcomes rather
than monitoring compliance with input requirements; and
(C) fostering conditions that allow teachers, principals,
and parents in the school community to be creative in helping
all students meet challenging standards.
(f) Parental and Community Support and Involvement.--Each
State plan shall describe strategies for how the State will
involve parents and other community members in planning,
designing, and implementing its plan, including such
strategies as--
(1) educating the public about the need for higher
standards, systemic improvement, and awareness of diverse
learning needs;
(2) involving parents, communities, and advocacy groups in
the standard-setting and improvement process;
(3) linking the family and school in supporting students to
meet the challenging student content and performance
standards established;
(4) reporting, on an ongoing basis, to parents, educators,
and the public on the progress in implementing the plan and
improving student performance;
(5) focusing public and private community resources and
public school resources on prevention and early intervention
to address the needs of all students by--
(A) identifying and removing unnecessary regulations and
obstacles to coordination;
(B) improving communication and information exchange; and
(C) providing appropriate training to agency personnel; and
(6) increasing the access of all students to social
services, health care, nutrition, related services, and child
care services, and locating such services in schools,
cooperating service agencies, community-based centers, or
other convenient sites designed to provide ``one-stop
shopping'' for parents and students.
(g) Making the Improvements Systemwide.--To help provide
all students throughout the State the opportunity to meet
challenging State standards, each State plan shall describe
strategies such as--
(1) ensuring that the improvement efforts expand from the
initial local educational agencies, schools, and educators
involved to all local educational agencies, schools, and
educators in the State education system through such
approaches as teacher and administrator professional
development, technical assistance, whole school projects,
intensive summer training, and networking of teachers and
other educators, consortia of schools, and local educational
agencies undertaking similar improvements;
(2) developing partnerships among preschools, elementary
and secondary schools, institutions of higher education,
cultural institutions, health and social service providers,
and employers to improve teaching and learning at all levels
of the education system for all students and to foster
collaboration and continuous improvement;
(3) strategies to provide for the close coordination of
standards development and improvement efforts among
institutions of higher education and secondary, and
elementary schools;
(4) conducting parental involvement activities and outreach
programs aimed at parents whose language is a language other
than English, individuals with disabilities, and other
special populations, including American Indians, Alaskan
Natives, and Native Hawaiians, to involve all segments of the
community in the development of the State plan;
(5) developing partnerships with Indian tribes and schools
funded by the Bureau, where appropriate, to improve
consistency and compatibility in curriculum among public and
such schools funded by the Bureau at all grade levels;
(6) allocating all available local, State, and Federal
resources to achieve system-wide improvement;
(7) providing for the development of objective criteria and
measures against which the success of local plans will be
evaluated;
(8) providing for the availability of curricular materials,
learning technologies, including distance learning, and
professional development in a manner ensuring equal access by
all local educational agencies in the State;
(9) taking steps to ensure that all local educational
agencies, schools, and educators in the State benefit from
successful programs and practices supported by funds made
available to local educational agencies and schools under
this title; and
(10) providing assistance to students, teachers, schools,
and local educational agencies that are identified through
the assessment system developed under subsection (c)(5) as
needing such assistance.
(h) Promoting Bottom-Up Reform.--Each State plan shall
include strategies for ensuring that comprehensive, systemic
reform is promoted from the bottom up in communities, local
educational agencies, and schools, as well as guided by
coordination and facilitation from State leaders, including
strategies such as--
(1) ensuring that the State plan is responsive to the needs
and experiences of local educational agencies, schools,
teachers, the community, and parents;
(2) establishing mechanisms for continuous input from local
schools, communities, advocacy groups, institutions of higher
education, and local educational agencies into, and feedback
on, the implementation of the State plan;
(3) providing discretionary resources that enable teachers
and schools to purchase needed professional development and
other forms of assistance consistent with their improvement
plan from high-quality providers of their choice;
(4) establishing collaborative networks of teachers
centered on content standards and assessments for the purpose
of improving teaching and learning;
(5) providing flexibility to individual schools and local
educational agencies to enable them to adapt and integrate
State content standards into courses of study appropriate for
individual schools and communities;
(6) facilitating the provision of waivers from State rules
and regulations that impede the ability of local educational
agencies or schools to carry out local education improvement
plans; and
(7) facilitating communication among educators within and
between local educational agencies for the purpose of sharing
innovative and effective practices, including, through the
use of telecommunications, distance learning, site visits,
and other means.
(i) Coordination with School-to-Work Programs.--If a State
has received Federal assistance for the purpose of planing
for, expanding, or establishing a school-to-work program,
then a State shall include in the State plan a description of
how such school-to-work program will be incorporated into the
school reform efforts of the State. In particular, the State
plan shall include a description of how secondary schools
will be modified in order to provide career guidance, the
integration of academic and vocational education, and work-
based learning, if such programs are proposed in the State's
school-to-work plan.
(j) Benchmarks and Timelines.--Each State plan shall
include specific benchmarks of improved student performance
and of progress in implementing the improvement plan, and
timelines against which the progress of the State in carrying
out its plan, including the elements described in subsections
(c) through (h), can be measured.
(k) Coordinating Strategies.--Each State plan shall include
strategies for coordinating the integration of academic and
vocational instruction pursuant to the Carl D. Perkins
Vocational and Applied Technology Education Act.
(l) Program Improvement and Accountability.--Each State
shall describe--
(1) how the State will monitor progress towards
implementing the State and local plans; and
(2) procedures the State will use to ensure schools and
school districts meet State opportunity-to-learn and content
standards within the established time lines.
(m) Prohibition on Federal Mandates, Direction, and
Control.--Nothing in this section shall be construed to
authorize an officer or employee of the Federal Government to
mandate, direct, or control a State, local educational
agency, or school's curriculum, program of instruction, or
allocation of State and local resources.
(n) Peer Review and Secretarial Approval.--(1) The
Secretary shall review each State improvement plan prepared
under this section, and each application submitted under
section 155, with the assistance and advice of State and
local education policymakers, educators, classroom teachers,
related services personnel, experts on educational innovation
and improvement, parents, advocates for children with
disabilities, representatives of other advocacy groups, and
other appropriate individuals. The peer review process shall
be performed by individuals representative of the diversity
of the United States with regard to geography, race,
ethnicity, gender, and disability. The review of each State
plan shall include at least one site visit to each State.
(2) The Secretary shall approve a State's plan when the
Secretary determines, after considering the peer reviewers'
comment, that it--
(A) reflects a widespread commitment within the State;
(B) holds reasonable promise of enabling all students to
achieve at the high levels called for by this Act;
(C) meets the requirements of subsections (a) through (k);
and
(D) allows local schools, local educational agencies and
communities the flexibility to implement local improvement
plans in a manner which reflects local needs and requirements
in order to promote a `bottom up' system of school reform.
(3) The Secretary shall not decline to approve a State's
plan, or any State application submitted under section 155,
before offering the State--
(A) an opportunity to revise its plan or application; and
(B) a hearing.
(o) Regular Review.--Each State plan shall include a
process for regularly reviewing and updating any State
content, student performance, and opportunity-to-learn
standards and assessment systems.
(p) Amendments to Plan.--(1) Each State shall periodically
review its plan and revise it, as appropriate, in accordance
with the process described in subsection (b).
(2) The Secretary shall review major amendments to a
State's plan through the same process, described in
subsection (j), used to review the original plan.
(q) Preexisting State Plans and Panels.--(1) If a State has
developed a comprehensive and systemic improvement plan to
help all students meet challenging standards, or any
component of such a plan, that otherwise meets the
requirements of this section, the Secretary may approve such
plan or component notwithstanding that it was not developed
in accordance with subsection (b), if the Secretary
determines that such approval would further the purposes of
State systemic education improvement.
(2) If, before the enactment of this Act, a State has made
substantial progress in developing a plan that otherwise
meets, or is likely to meet, the requirements of this
section, but was developed by a panel that does not meet the
requirements of paragraphs (1), (2), and (3) of subsection
(b), the Secretary may, at the request of the Governor and
the State educational agency, treat such panel as meeting the
requirements of this title if the Secretary determines that
there has been statewide involvement of educators, parents,
students, advocacy groups, other interested members of the
public in the development of the plan.
SEC. 157. SECRETARY'S REVIEW OF APPLICATIONS; PAYMENTS.
(a) First Year.--The Secretary shall approve the initial
year application of a State educational agency under section
155(b) if the Secretary determines that--
(1) such application meets the requirements of this title;
and
(2) there is a substantial likelihood that the renewal
application of the State will be able to develop and
implement an education improvement plan that complies with
section 156.
(b) Second Through Fifth Years.--The Secretary shall
approve a renewal application of a State educational agency
under section 155(c) for the second through fifth years only
if--
(1)(A) the Secretary has approved the State's improvement
plan under section 156(l); or
(B) the Secretary determines that the State has made
substantial progress in developing such plan; and
(2) such application meets the other requirements of this
title.
(c) Payments.--For any fiscal year for which a State has an
approved application under this title, the Secretary shall
make a grant to the State educational agency in the amount
determined under section 154(b).
SEC. 158. STATE USE OF FUNDS.
(a) First Year.--In the first year for which a State
educational agency receives a grant under this title, the
State--
(1) shall use at least 75 percent of such funds to make
subgrants, in accordance with section 159(a), to local
educational agencies for the development or implementation of
local improvement plans and to make subgrants, in accordance
with section 159(b), to improve educator preservice programs
and for professional development activities consistent with
the State plan, if the amount allocated to States under
section 154(b) for such year is at least $50,000,000. The
State may use such funds for such subgrants if such amount is
less than $50,000,000; and
(2) shall use the remainder of such funds to develop,
revise, expand, or implement an education improvement plan
described in section 156.
(b) Succeeding Years.--A State that receives assistance
under this title for any year after the first year of
participation shall--
(1) use at least 90 percent of such assistance in each
succeeding year to make subgrants--
(A) to local educational agencies, in accordance with
section 159(a), for the implementation of the State
improvement plan and of local improvement plans; and
(B) in accordance with section 159(b), to improve educator
preservice programs and for professional development
activities that are consistent with the State improvement
plan; and
(2) use the remainder of such assistance for State
activities designed to implement its improvement plan, such
as--
(A) supporting the development or adoption of State content
and student performance standards, State opportunity-to-learn
standards, and assessments linked to the standards, including
through consortia of States, and in conjunction with the
National Education Standards and Improvement Council
established under part B of title II of this Act;
(B) supporting the implementation of high-performance
management and organizational strategies, such as site-based
management, shared decisionmaking, or quality management
principles, to promote effective implementation of such plan;
(C) supporting the development and implementation, at the
local educational agency and school building level, of
improved human resource development systems for recruiting,
selecting, mentoring, supporting, evaluating, and rewarding
educators;
(D) providing special attention to the needs of minority,
limited-English proficient, disabled, and female students,
including instructional programs and activities that
encourage such students in elementary and secondary schools
to aspire to enter post secondary education or training;
(E) supporting the development, at the State or local
level, of performance-based accountability and incentive
systems for schools;
(F) outreach related to education improvement to parents,
Indian tribal officials, classroom teachers, related services
personnel, and other educators, and the public;
(G) providing technical assistance and other services to
increase the capacity of local educational agencies and
schools to develop and implement local systemic improvement
plans, implement new assessments, and develop curricula
consistent with the content and student performance standards
of the State;
(H) promoting public magnet schools, public ``charter
schools'', and other mechanisms for increasing choice among
public schools; and
(I) collecting and analyzing data.
(c) Limit on Administrative Costs.--In each year, a State
may use not more than four percent of its annual allotment
under this title, or $100,000, whichever is greater, for
administrative expenses, not including the activities of the
panel established under section 156(b)(1).
SEC. 159. SUBGRANTS FOR LOCAL REFORM AND PROFESSIONAL
DEVELOPMENT.
(a) Subgrants to Local Educational Agencies.--(1)(A) Each
State educational agency shall make subgrants to local
educational agencies (or consortia of such agencies)
consistent with subsections (a)(1) and (b)(1)(A) of section
158 through a competitive process.
(B) In making such subgrants, the State educational agency
shall award not less than 1 subgrant in each fiscal year to
an urban local educational agency and not less than 1
subgrant in each fiscal year to a rural local educational
agency, except that this provision shall not apply to the
District of Columbia. Rural local educational agencies may
include or be represented as a fiscal agent by an education
service agency.
(C) Each subgrant shall be for a project of sufficient
duration and of sufficient size, scope, and quality to carry
out the purpose of this title effectively.
(2) A local educational agency wishing to receive a
subgrant under this title for the purpose of developing a
comprehensive local plan shall submit an application to the
State educational agency. Such application shall contain
assurances that the local educational agency intends to
develop a plan that meets the requirements of this section.
(3) Each local educational agency wishing to receive a
subgrant for the purpose of implementing a plan under this
subsection shall submit a local plan to the State educational
agency which--
(A) is developed by a broad-based panel that--
(i) is appointed by the local educational agency and is
representative of the diversity of students and community
with regard to race, language, ethnicity, gender, disability,
and socioeconomic characteristics and includes teachers,
parents, advocacy groups, school administrators, business
representatives, and others, as appropriate; and
(ii) shall, following the selection of its members,
establish the procedures regarding the operation of the
panel, including the designation of the chairperson;
(B) includes a comprehensive local plan for districtwide
education improvement, directed at enabling all students to
meet the challenging content and student performance
standards of the State, including specific goals and
benchmarks, consistent with the State improvement plan
(either approved or under development) and includes a
strategy for--
(i) implementing opportunity-to-learn standards;
(ii) improving teaching and learning;
(iii) improving governance and management;
(iv) generating and strengthening parental and community
involvement; and
(v) expanding improvements throughout the local educational
agency;
(C) promotes the flexibility of local schools in developing
plans which address the particular needs of their school and
community and are consistent with the local plan;
(D) describes a process of broad-based community
participation in the development, implementation, and
evaluation of the local plan;
(E) describes how the local educational agency will
encourage and assist schools to develop comprehensive school
improvement plans that focus on helping all students reach
challenging content and student performance standards and
that address relevant elements of the improvement plan of the
local educational agency identified in subparagraph (B);
(F) describes how the local educational agency will
implement specific programs aimed at ensuring improvements in
school readiness and the ability of students to learn
effectively at all grade levels by identifying the most
pressing needs facing students and their families with regard
to social services, health care, nutrition, and child care,
and by entering into partnerships with public and private
agencies to increase the access of students and families to
coordinated services in a school setting or at a nearby site;
(G) describes how the subgrant will be used by the local
educational agency, and the procedures to be used to make
funds available to schools in accordance with paragraph
(6)(A);
(H) identifies, with an explanation, any State or Federal
requirements that the local educational agency believes
impede educational improvement and that such local
educational agency requests be waived in accordance with
section 161 (such requests shall promptly be transmitted to
the Secretary by the State educational agency); and
(I) contains such other information as the State
educational agency may reasonably require.
(4) A local educational agency which has approved a local
plan shall submit such plan to the State for approval
together with a description of modifications to such plan and
any comments from the local panel regarding such plan.
(5) The panel appointed under paragraph (3)(A) shall, after
approval by the State educational agency of the application
of the local educational agency, monitor the implementation
and effectiveness of the local improvement plan in close
consultation with teachers, related services personnel,
principals, administrators, community members, and parents
from schools receiving funds under this title, to determine
if revisions to the local plan should be recommended to the
local educational agency. The panel shall make public its
findings.
(6)(A) A local educational agency that receives a subgrant
under this subsection shall--
(i) in the first year, use not more than 25 percent of
subgrant funds to develop a local improvement plan or to
implement any local educational activities approved by the
State educational agency which are reasonably related to
carrying out the State or local improvement plans, and not
less than 75 percent of such funds to support individual
school improvement initiatives directly related to providing
all students in the school the opportunity to meet
challenging State content and student performance standards;
and
(ii) in subsequent years, use subgrant funds for any
activities approved by the State educational agency which are
reasonably related to carrying out the State or local
improvement plans, except that at least 85 percent of such
funds shall be made available to individual schools to
develop and implement comprehensive school improvement plans
which are tailored to meet the needs of their particular
student populations and are designed to help all students
meet challenging State content standards.
(B) At least 50 percent of the funds made available by a
local educational agency to individual schools under this
section in any fiscal year shall be made available to schools
with a special need for such assistance, as indicated by a
high number or percentage of students from low-income
families, low student achievement, or other similar criteria
developed by the local educational agency.
(C) A local educational agency may not use more than five
percent of its annual allotment under this Act for
administrative expenses.
(7) The State educational agency shall give priority in
awarding a subgrant to--
(A) a consortium of local educational agencies; or
(B) a local educational agency that makes assurances that
funds will be used to assist a consortium of schools that has
developed a plan for school improvement.
(b) Subgrants for Preservice Teacher Education and
Professional Development Activities.--(1)(A) Each State
educational agency shall make subgrants to consortia of local
educational agencies, institutions of higher education,
private nonprofit organizations, or combinations thereof,
consistent with subsections (a)(1) and (b)(1) of section 158
through a competitive, peer-reviewed process to--
(i) improve preservice teacher education programs
consistent with the State plan, including how to work
effectively with parents and the community; and
(ii) support continuing, sustained professional development
activities for educators which will increase student learning
and are consistent with the State plan.
(B)(i) In order to apply for a subgrant described in
subparagraph (A)(i), a consortium must include at least one
local educational agency and at least one institution of
higher education.
(ii) In order to apply for a subgrant described in
subparagraph (A)(ii), a consortium must include at least one
local educational agency.
(2) A consortium that wishes to receive a subgrant under
this subsection shall submit an application to the State
educational agency which--
(A) describes how the applicant will use the subgrant to
improve teacher preservice and school administrator education
programs or to implement educator professional development
activities consistent with the State plan;
(B) identifies the criteria to be used by the applicant to
judge improvements in preservice education or the effects of
professional development activities consistent with the State
plan; and
(C) contains any other information that the State
educational agency determines is appropriate.
(3) A recipient of a subgrant under this subsection shall
use the subgrant funds for activities supporting--
(A) the improvement of preservice teacher education and
school administrator programs so that such programs equip
educators with the subject matter and pedagogical expertise
necessary for preparing all students to meet challenging
standards; or
(B) the development and implementation of new and improved
forms of continuing and sustained professional development
opportunities for teachers, principals, and other educators
at the school or district level that equip educators with
such expertise, and with other knowledge and skills necessary
for leading and participating in continuous education
improvement.
(4) A recipient may use the subgrant funds under this
subsection for costs related to release time for teachers to
participate in professional development activities.
(5) Professional development shall include related services
personnel as appropriate.
(6) In awarding subgrants under this subsection, the State
educational agency shall give priority to local educational
agencies that form partnerships with collegiate educators to
establish professional development school sites.
(c) Special Award Rule.--(1) Each State educational agency
shall award at least 50 percent of subgrant funds under
subsection (a) in each fiscal year to local educational
agencies that have a greater percentage or number of
disadvantaged children than the statewide average percentage
or number for all local educational agencies in the State.
(2) The State educational agency may waive the requirement
of paragraph (1) if such State does not receive a sufficient
number of applications to comply with such requirement.
SEC. 160. AVAILABILITY OF INFORMATION AND TRAINING.
(a) Information and Training.--Proportionate to the number
of children in a State or in a local educational agency who
are enrolled in private elementary or secondary schools--
(1) a State educational agency or local educational agency
which uses funds under this title to develop goals, content
standards, curricular materials, and assessments shall, upon
request, make information related to such goals, standards,
materials, and assessments available to private schools; and
(2) a State educational agency or local educational agency
which uses funds under this title for teacher and
administrator training shall provide in its plan for the
training of teachers and administrators in private schools
located in the geographical area served by such agency.
(b) Waiver.--If, by reason of any provision of law, a State
or local educational agency is prohibited from providing for
the equitable participation of teachers and administrators
from private schools in training programs assisted with
Federal funds provided under this title, or if the Secretary
determines that a State or local educational agency has
substantially failed or is unwilling to provide for such
participation, the Secretary shall waive such requirements
and shall arrange for the provision of training consistent
with State goals and content standards for such teachers and
administrators. Such waivers shall be subject to
consultation, withholding, notice, and judicial review in
accordance with section 1017 of the Elementary and Secondary
Education Act of 1965.
SEC. 161. WAIVERS OF STATUTORY AND REGULATORY REQUIREMENTS.
(a) General.--(1) Except as provided in subsection (c), the
Secretary may waive any requirement of any statute listed in
subsection (b) or of the regulations issued under such
statute for a State educational agency, local educational
agency, or school that requests such a waiver--
(A) if, and only to the extent that, the Secretary
determines that such requirement impedes the ability of the
State, or of a local educational agency or school in the
State, to carry out the State or local education improvement
plan;
(B) if the State educational agency has waived, or agrees
to waive, similar requirements of State law; and
(C) if, in the case of a Statewide waiver, the State
educational agency--
(i) provides all local educational agencies and parent
organizations in the State with notice and an opportunity to
comment on the proposal of the State educational agency to
seek a waiver; and
(ii) submits the comments of such agencies to the
Secretary.
(2) To request a waiver, a State educational agency, local
educational agency, or school that receives funds under this
Act or a local educational agency that does not receive funds
under this Act but is undertaking school reform efforts that
meet the objectives of the State plan, shall submit an
application to the Secretary that includes--
(A) the identification of statutory or regulatory
requirements that are requested to be waived and the goals
that the State local educational agency or school intends to
achieve;
(B) a description of the action that the State has
undertaken to remove State statutory or regulatory barriers
identified in the applications of local educational agencies;
(C) a description of the goals of the waiver and the
expected programmatic outcomes if the request is granted;
(D) the numbers and types of students to be impacted by
such waiver;
(E) a timetable for implementing a waiver; and
(F) the process the State will use to monitor, on a
biannual basis, the progress in implementing a waiver.
(3) The Secretary shall act promptly on a waiver request
and state in writing the reasons for granting or denying such
request. If a waiver is granted, the Secretary must also
include the expected outcome of granting such waiver.
(4) The Secretary's decision shall be--
(A) published in the Federal Register; and
(B) disseminated by the State educational agency to
interested parties, including educators, parents, students,
advocacy and civil rights organizations, other interested
parties, and the public.
(5) Each such waiver shall be for a period not to exceed
three years. The Secretary may extend such period if the
Secretary determines that the waiver has been effective in
enabling the State or affected local educational agencies to
carry out reform plans.
(b) Included Programs.--The statutes subject to the waiver
authority of this section are as follows:
(1) Chapter 1 of title I of the Elementary and Secondary
Education Act of 1965.
(2) Part A of chapter 2 of title I of the Elementary and
Secondary Education Act of 1965.
(3) The Dwight D. Eisenhower Mathematics and Science
Education Act (part A of title II of the Elementary and
Secondary Education Act of 1965).
(4) The Emergency Immigrant Education Act of 1984 (part D
of title IV of the Elementary and Secondary Education Act of
1965).
(5) The Drug-Free Schools and Communities Act of 1986
(title V of the Elementary and Secondary Education Act of
1965).
(6) The Carl D. Perkins Vocational and Applied Technology
Education Act.
(c) Waivers Not Authorized.--The Secretary may not waive
any statutory or regulatory requirement of the programs
listed in subsection (b) relating to--
(1) maintenance of effort;
(2) comparability of services;
(3) the equitable participation of students and
professional staff in private schools;
(4) parental participation and involvement; or
(5) the distribution of funds to State or to local
educational agencies.
(d) Termination of Waivers.--The Secretary shall
periodically review the performance of any State, local
educational agency, or school for which the Secretary has
granted a waiver and shall terminate the waiver if the
performance of the State, the local educational agency, or
the school in the area affected by the waiver has been
inadequate to justify a continuation of the waiver.
SEC. 162. PROGRESS REPORTS.
(a) State Reports to the Secretary.--Each State
educational agency that receives funds under this title shall
annually report to the Secretary regarding--
(1) progress in meeting State goals and plans;
(2) proposed State activities for the succeeding year; and
(3) in summary form, the progress of local educational
agencies in meeting local goals and plans and increasing
student learning.
(b) Secretary's Reports to Congress.--By April 30, 1996,
and every two years thereafter, the Secretary shall submit a
report to the Committee on Education and Labor of the House
of Representatives and the Committee on Labor and Human
Resources of the Senate describing the activities and
outcomes of grants under--
(1) section 140 of this Act, including--
(A) a description of the purpose, uses, and technical merit
of assessments evaluated with funds under such section; and
(B) an analysis of the impact of such assessments on the
performance of all students, particularly students of
different racial, gender, ethnic, language groups, or
individuals with disabilities; and
(2) this title, including a description of the effect of
waivers granted under section 151.
SEC. 163. NATIONAL LEADERSHIP.
(a) Activities Authorized.--From funds reserved each year
under section 154(a)(2)(A), the Secretary shall, through the
Office of Educational Research and Improvement in accordance
with the provisions of sections 405 and 406 of the General
Education Provisions Act, directly or through grants or
contracts--
(1) provide technical assistance to States and local
educational agencies developing or implementing school
improvement plans, in a manner that ensures that each such
State has access to such assistance;
(2) gather data on, conduct research on, and evaluate
systemic education improvement, including the programs
authorized by this title;
(3) disseminate research findings and other information on
systemic education improvement and how it affects student
learning;
(4) provide grants to tribal divisions of education for
coordination efforts between school reform plans developed
for schools funded by the Bureau of Indian Affairs and public
schools described in section 156(g)(5), including tribal
activities in support of plans; and
(5) support national demonstration projects that unite
local and State educational agencies, institutions of higher
education, government, business, and labor in collaborative
arrangements in order to make educational improvements
systemwide.
(b) Reservation of Funds.--(1) The Secretary shall use at
least 50 percent of the funds reserved each year under
section 154(a)(2)(A) to make grants, consistent with the
provisions of section 159(a) that the Secretary finds
appropriate, and provide technical and other assistance to
urban and rural local educational agencies with large numbers
or concentrations of students who are economically
disadvantaged or who have limited English proficiency, to
assist such agencies in developing and implementing local
school improvement plans.
(2) The Secretary shall use not less than $1,000,000 of the
funds reserved the first year under section 154(a)(2)(A) to
survey coordinated services programs that have been found to
be successful in helping students and families and improving
student outcomes, and shall disseminate information about
such programs to schools that plan to develop coordinated
services programs.
SEC. 164. ASSISTANCE TO THE OUTLYING AREAS AND TO THE
SECRETARY OF THE INTERIOR.
(a) Outlying Areas.--(1) Funds reserved for outlying areas
under section 154(a)(1)(A) shall be distributed among such
areas by the Secretary according to relative need.
(2) The provisions of Public Law 95-134, permitting the
consolidation of grants to the insular areas, shall not apply
to funds received by such areas under this title.
(b) Secretary of the Interior.--
(1) In general.--The funds reserved to the Secretary of the
Interior under section 154 shall be made in a payment which
shall be pursuant to an agreement between the Secretary and
the Secretary of the Interior containing such assurances and
terms as the Secretary determines shall best achieve the
provisions of this section and this Act. The agreement shall,
at a minimum, contain assurances that--
(A) a panel, as set forth in paragraph (4) of this
subsection, shall be established;
(B) a reform and improvement plan, designed to increase
student learning and assist students in meeting the National
Education Goals, meeting the requirements pertaining to State
improvement plans required in section 156 and providing for
the fundamental restructuring and improvement of elementary
and secondary education in schools funded by the Bureau,
shall be developed by such panel; and
(C) the provisions and activities required under State
improvement plans, including the requirements for timetables
for opportunity-to-learn standards, shall be carried out in
the same time frames and under the same conditions stipulated
for the States in sections 155 and 156, provided that for
these purposes, the term ``local educational agencies'' shall
be interpreted to mean ``schools funded by the Bureau''.
(2) Voluntary submission.--The provisions applicable to the
States in section 123 of this Act shall apply to the Bureau
plan with regard to voluntary submission of standards and
assessment systems to the National Education Standards and
Improvement Council for review and certification.
(3) Plan specifics.--The reform and improvement plan shall
include, in addition to the requirements referenced above,
specific provisions for--
(A) opportunity to learn standards pertaining to
residential programs and transportation costs associated with
programs located on or near reservations or serving students
in off-reservation residential boarding schools;
(B) review and incorporation of the National Education
Goals and the voluntary national content, student
performance, and opportunity-to-learn standards developed
under part B of title II of this Act, provided that such
review shall include the issues of cultural and language
differences; and
(C) provision for coordination of the efforts of the Bureau
with the efforts for school improvement of the States and
local educational agencies in which the schools funded by the
Bureau are located, to include, but not be limited to, the
development of the partnerships outlined in section 156(g)(5)
of the Act.
(4) Panel.--To carry out the provisions of this section,
and to develop the plan for system-wide reform and
improvement required under the agreement required under
paragraph (1), the Secretary of the Interior shall establish
a panel coordinated by the Assistant Secretary of the
Interior for Indian Affairs. Such panel shall consist of--
(A) the Director of the Office of Indian Education Programs
of the Bureau of Indian Affairs and two heads of other
divisions of such Bureau as the Assistant Secretary shall
designate;
(B) a designee of the Secretary of Education; and
(C) a representative nominated by each of the following:
(i) The organization representing the majority of teachers
and professional personnel in schools operated by the Bureau.
(ii) The organization representing the majority of
nonteaching personnel in schools operated by the Bureau, if
not the same organization as in clause (i).
(iii) School administrators of schools operated by the
Bureau.
(iv) Education line officers located in Bureau area or
agency offices serving schools funded by the Bureau.
(v) The organization representing the majority of contract
or grant schools funded by the Bureau not serving students on
the Navajo reservation.
(vi) The organization representing the majority of contract
or grant schools funded by the Bureau serving students on the
Navajo reservation.
(vii) The organization representing the school boards
required by statute for schools operated by the Bureau not
serving students on the Navajo reservation.
(viii) The organization representing the school boards
required by statute for schools funded by the Bureau serving
students on the Navajo reservation.
Including the additional members required by paragraph (5), a
majority of the members of such panel shall be from the
entities designated under subparagraph (C).
(5) Additional members.--In addition, the members of the
panel stipulated above shall designate for full membership
four additional members--
(A) one of whom shall be a representative of a national
organization which represents primarily national Indian
education concerns; and
(B) three of whom shall be chairpersons (or their
designees) of Indian tribes with schools funded by the Bureau
on their reservations (other than those specifically
represented by organizations referred to in paragraph (4)),
provided that preference for no less than two of these
members shall be given to Indian tribes with a significant
number of schools funded by the Bureau on their reservations,
or with a significant percentage of their children enrolled
in schools funded by the Bureau.
(c) BIA Cost Analysis.--
(1) In general.--(A) The Secretary of the Interior shall
reserve from the first allotment made to the Department of
the Interior pursuant to section 154 an amount not to exceed
$500,000 to provide, through the National Academy of
Sciences, for an analysis of the costs associated with
meeting the academic and home-living/residential standards of
the Bureau of Indian Affairs for each school funded by such
Bureau. The purpose of such analysis shall be to provide the
Bureau and the Panel with baseline data regarding the current
state of operations funded by the Bureau and to provide a
framework for addressing the implementation of opportunity-
to-learn standards.
(B) The results of such analysis shall be reported, in
aggregate and school specific form, to the chairpersons and
ranking minority members of the Committees on Education and
Labor and Appropriations of the House of Representatives and
the Select Committee on Indian Affairs and the Committee on
Appropriations of the Senate, and to the Secretary of the
Interior, the Secretary of Education (who shall transmit the
report to the proper entities under this Act), and the
Assistant Secretary of the Interior for Indian Affairs, not
later than 6 months after the date of enactment of this Act.
(2) Content.--Such analysis shall evaluate the costs of
providing a program in each school for the next succeeding
academic year and shall be based on--
(A) the standards either published in the Federal Register
as having effect in schools operated by the Bureau on the
date of enactment of this Act or the standards incorporated
into each grant or contract in effect on such date with a
tribally controlled school funded under section 1128 of
Public Law 95-561 (as amended);
(B) the best projections of student counts and
demographics, as provided by the Bureau and as independently
reviewed by the Academy; and
(C) the pay and benefit schedules and other personnel
requirements for each school operated by the Bureau, as
existing on the date of enactment.
(d) Secretary of Defense.--The Secretary shall consult with
the Secretary of Defense to ensure that, to the extent
practicable, the purposes of this title are applied to the
Department of Defense schools.
PART D--NATIONAL SKILL STANDARDS BOARD
SEC. 171. PURPOSE.
It is the purpose of this title to establish a National
Board to serve as a catalyst in stimulating the development
and adoption of a voluntary national system of skill
standards and certification that will serve as a cornerstone
of the national strategy to enhance workforce skills, and
that can be used, consistent with Federal civil rights laws--
(1) by the Nation, to ensure the development of a high
skills, high quality, high performance workforce, including
the most skilled front-line workforce in the world, and that
will result in increased productivity, economic growth and
American economic competitiveness;
(2) by industries, as a vehicle for informing training
providers and prospective employees of skills necessary for
employment;
(3) by employers, to assist in evaluating the skill levels
of prospective employees and to assist in the training of
current employees;
(4) by labor organizations, to enhance the employment
security of workers by providing portable credentials and
skills;
(5) by workers, to obtain certifications of their skills to
protect against dislocation, to pursue career advancement,
and to enhance their ability to reenter the workforce;
(6) by students and entry level workers, to determine the
skill levels and competencies needed to be obtained in order
to compete effectively for high wage jobs;
(7) by training providers and educators, to determine
appropriate training services to offer;
(8) by Government, to evaluate whether publicly-funded
training assists participants to meet skill standards where
they exist and thereby protect the integrity of public
expenditures;
(9) to facilitate the transition to high performance work
organizations;
(10) to increase opportunities for minorities and women,
including removing barriers to the entry of women in non-
traditional employment; and
(11) to facilitate linkages between other components of the
workforce investment strategy, including school-to-work
transition, secondary and postsecondary vocational-technical
education, and job training programs.
SEC. 172. ESTABLISHMENT OF NATIONAL BOARD.
(a) In General.--There is established a National Skill
Standards Board (in this title referred to as the ``National
Board'').
(b) Composition.--
(1) In general.--The National Board shall be composed of 28
members, appointed in accordance with paragraph (3), of
whom--
(A) one member shall be the Secretary of Labor;
(B) one member shall be the Secretary of Education;
(C) one member shall be the Secretary of Commerce;
(D) one member shall be the Chairperson of the National
Education Standards and Improvement Council established
pursuant to section 122(a);
(E) eight members shall be representatives of small and
large business and industry selected from among individuals
recommended by recognized national business organizations and
trade associations;
(F) eight members shall be representatives of organized
labor selected from among individuals recommended by
recognized national labor federations; and
(G) eight members shall be representatives from the
following groups, with at least one member from each group:
(i) Educational institutions.
(ii) Community-based organizations.
(iii) State and local governments.
(iv) Nongovernmental organizations with a demonstrated
history of successfully protecting the rights of racial,
ethnic and religious minorities, women, persons with
disabilities or older persons.
(2) Diversity requirements.--The members described in
subparagraph (G) of paragraph (1) shall have expertise in the
area of education and training. The members described in
subparagraphs (E), (F), and (G) of paragraph (1) shall--
(A) in the aggregate, represent a broad cross-section of
occupations and industries; and
(B) to the extent feasible, be geographically
representative of the United States and reflect the racial,
ethnic and gender diversity of the United States.
(3) Appointment.--The membership of the National Board
shall be appointed as follows:
(A) Twelve members (four from each class of members
described in subparagraphs (E), (F), and (G) of paragraph
(1)) shall be appointed by the President.
(B) Six members (two from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
appointed by the Speaker of the House of Representatives, of
whom three members (one from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
selected from recommendations made by the Majority Leader of
the House of Representatives and three members (one from each
class of members described in subparagraphs (E), (F), and (G)
of paragraph (1)) shall be selected from recommendations made
by the Minority Leader of the House of Representatives.
(C) Six members (two from each class of members described
in subparagraphs (E), (F), and (G) of paragraph (1)) shall be
appointed by the President pro tempore of the Senate, of whom
three members (one from each class of members described in
subparagraphs (E), (F), and (G) of paragraph (1)) shall be
selected from recommendations made by the Majority Leader of
the Senate and three members (one from each class of members
described in subparagraphs (E), (F), and (G) of paragraph
(1)) shall be selected from recommendations made by the
Minority Leader of the Senate.
(4) Term.--Each member of the National Board appointed
under subparagraphs (E), (F), and (G) of paragraph (1) shall
be appointed for a term of 4 years, except that of the
initial members of the Board appointed under such paragraph--
(A) twelve members shall be appointed for a term of 3 years
(four from each class of members described in subparagraphs
(E), (F), and (G) of paragraph (1)), of whom--
(i) two from each class shall be appointed in accordance
with paragraph (3)(A);
(ii) one from each such class shall be appointed in
accordance with paragraph (3)(B); and
(iii) one from each such class shall be appointed in
accordance with paragraph (3)(C); and
(B) twelve members shall be appointed for a term of 4 years
(four from each class of members described in subparagraphs
(E), (F), and (G) of paragraph (1)), of whom--
(i) two from each such class shall be appointed in
accordance with paragraph (3)(A);
(ii) one from each such class shall be appointed in
accordance with paragraph (3)(B); and
(iii) one from each such class shall be appointed in
accordance with paragraph (3)(C).
(c) Chairperson and Vice Chairpersons.--
(1) Chairperson.--The National Board shall biennially elect
a Chairperson from among the members of the National Board by
a majority vote of such members.
(2) Vice chairpersons.--The National Board shall annually
elect 3 Vice Chairpersons (each representing a different
class of the classes of members described in subparagraphs
(E), (F), and (G) of subsection (b)(1)) from among its
members appointed under subsection (b)(3) by a majority vote
of such members, each of whom shall serve for a term of 1
year.
(d) Compensation and Expenses.--
(1) Compensation.--Members of the National Board who are
not regular full-time employees or officers of the Federal
Government shall serve without compensation.
(2) Expenses.--The members of the National Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with subchapter I of chapter 57,
title 5, United States Code, while away from their homes or
regular places of business in the performance of services for
the National Board.
(e) Executive Director and Staff.--The Chairperson of the
National Board shall appoint an Executive Director, who shall
be compensated at a rate determined by the National Board
that shall not exceed the rate of pay for level V of the
Executive Schedule under section 5316 of title 5, United
States Code, and who shall appoint such staff as is necessary
in accordance with title 5, United States Code. Such staff
shall include at least one individual with expertise in
measurement and assessment.
(f) Agency Support.--
(1) Use of facilities.--The National Board may use the
research, equipment, services and facilities of any agency or
instrumentality of the United States with the consent of such
agency or instrumentality.
(2) Staff of federal agencies.--Upon the request of the
National Board, the head of any department or agency of the
United States may detail to the National Board, on a
reimbursable basis, any of the personnel of such department
or agency to assist the National Board in carrying out this
title.
(g) Conflict of Interest.--An individual who has served as
a member of the National Board may not have any financial
interest in an assessment and certification system developed
or endorsed under this title for a period of three years
after the termination of service of such individual from the
National Board.
SEC. 173. FUNCTIONS OF THE NATIONAL BOARD.
(a) Identification of Occupational Clusters.--
(1) In general.--Subject to paragraph (2), the National
Board, after extensive public review and comment and study of
the national labor market, shall identify broad clusters of
major occupations that involve one or more than one industry
in the United States.
(2) Procedures for identification.--Prior to identifying
broad clusters of major occupations under paragraph (1), the
National Board shall--
(A) develop procedures for the identification of such
clusters;
(B) publish such procedures in the Federal Register; and
(C) allow for extensive public review of and comment on
such procedures.
(b) Voluntary Partnerships to Develop Standards.--
(1) In general.--For each of the occupational clusters
identified pursuant to subsection (a), the National Board
shall encourage and facilitate the establishment of voluntary
partnerships to develop a skill standards system in
accordance with subsection (d).
(2) Representatives.--Such voluntary partnerships shall
include the full and balanced participation of--
(A) representatives of business and industry who have
expertise in the area of workforce skill requirements,
including representatives of large and small employers,
recommended by national business organizations and trade
associations representing employers in the occupation or
industry for which a standard is being developed, and
representatives of trade associations that have received
demonstration grants from the Department of Labor or the
Department of Education to establish skill standards prior to
the enactment of this title;
(B) employee representatives who have expertise in the area
of workforce skill requirements and who shall be--
(i) individuals recommended by recognized national labor
organizations representing employees in the occupation or
industry for which a standard is being developed; and
(ii) such other individuals who are nonmanagerial employees
with significant experience and tenure in such occupation or
industry as are appropriate given the nature and structure of
employment in the occupation or industry;
(C) representatives of--
(i) educational institutions;
(ii) community-based organizations;
(iii) State and local agencies with administrative control
or direction over education, vocational-technical education,
or employment and training;
(iv) other policy development organizations with expertise
in the area of workforce skill requirements; and
(v) non-governmental organizations with a demonstrated
history of successfully protecting the rights of racial,
ethnic, and religious minorities, women, individuals with
disabilities, and older persons; and
(D) individuals with expertise in measurement and
assessment, including relevant experience in designing
unbiased assessments and performance-based assessments.
(3) Experts.--The partnerships described in paragraph (1)
may also include such other individuals who are independent,
qualified experts in their fields.
(c) Research, Dissemination, and Coordination.--In order to
support the development of a skill standards system in
accordance with subsection (d), the National Board shall--
(1) conduct workforce research relating to skill standards
(including research relating to how to use skill standards in
compliance with civil rights laws) and make such research
available to the public, including the partnerships described
in subsection (b);
(2) identify and maintain a catalog of skill standards used
by other countries and by States and leading firms and
industries in the United States;
(3) serve as a clearinghouse to facilitate the sharing of
information on the development of skill standards and other
relevant information among representatives of occupations and
industries identified pursuant to subsection (a), the
voluntary partnerships recognized pursuant to subsection (b),
and among education and training providers through such
mechanisms as the Capacity Building and Information and
Dissemination Network established under section 453(b) of the
Job Training Partnership Act;
(4) develop a common nomenclature relating to skill
standards;
(5) encourage the development and adoption of curricula and
training materials for attaining the skill standards
developed pursuant to subsection (d) that include structured
work experiences and related study programs leading to
progressive levels of professional and technical
certification and postsecondary education;
(6) provide appropriate technical assistance; and
(7) facilitate coordination among voluntary partnerships
that meet the requirements of subsection (b) to promote the
development of a coherent national system of voluntary skill
standards.
(d) Endorsement of Skill Standards Systems.--
(1) Development of endorsement criteria.--
(A) In general.--The National Board, after extensive public
consultation, shall develop objective criteria for endorsing
skills standards systems relating to the occupational
clusters identified pursuant to subsection (a). Such criteria
shall, at a minimum, include the components of a skill
standards system described in subparagraph (B). The
endorsement criteria shall be published in the Federal
Register, and updated as appropriate.
(B) Components of system.--The components of a skill
standards systems shall include the following:
(i) Voluntary skill standards, which at a minimum--
(I) meet or exceed, to the extent practicable, the highest
standards used in other countries and the highest
international standards;
(II) meet or exceed the highest applicable standards used
in the United States, including apprenticeship standards
registered under the National Apprenticeship Act;
(III) take into account content and performance standards
certified pursuant to title II;
(IV) take into account the requirements of high performance
work organizations;
(V) are in a form that allows for regular updating to take
into account advances in technology or other developments
within the occupational cluster;
(VI) are formulated in such a manner that promotes the
portability of credentials and facilitates worker mobility
within an occupational cluster or industry and among
industries; and
(VII) are not discriminatory with respect to race, color,
gender, age, religion, ethnicity, disability, or national
origin, consistent with Federal civil rights laws.
(ii) A voluntary assessment system and certification of the
attainment of skill standards developed pursuant to
subparagraph (A), which at a minimum--
(I) takes into account, to the extent practicable, methods
of assessment and certification used in other countries;
(II) utilizes a variety of evaluation techniques,
including, where appropriate, oral and written evaluations,
portfolio assessments and performance tests; and
(III) includes methods for establishing that the assessment
and certification system is not discriminatory with respect
to race, color, gender, age, religion, ethnicity, disability,
or national origin, consistent with Federal civil rights
laws.
(iii) A system to promote the use of and to disseminate
information relating to skill standards, and assessment and
certification systems developed pursuant to this paragraph
(including dissemination of information relating to civil
rights laws relevant to the use of such standards and
systems) to entities such as institutions of postsecondary
education offering professional and technical education,
labor organizations, trade associations, employers providing
formalized training and other organizations likely to benefit
from such systems.
(iv) A system to evaluate the implementation of the skill
standards, and assessment and certification systems developed
pursuant to this paragraph, and the effectiveness of the
information disseminated pursuant to subparagraph (C) for
informing the users of such standards and systems of the
requirements of relevant civil rights laws.
(v) A system to periodically revise and update the skill
standards, and assessment and certification systems developed
pursuant to this paragraph, which will take into account
changes in standards in other countries.
(2) Endorsement.--The National Board, after extensive
public review and comment, shall endorse those skill
standards systems relating to the occupational clusters
identified pursuant to subsection (a) that--
(A) meet the objective endorsement criteria that are
developed pursuant to paragraph (1); and
(B) are submitted by partnerships that meet the
representation requirements of subsection (b)(2).
(e) Relationship With Antidiscrimination Laws.--
(1) In general.--Nothing in this title shall be construed
to modify or affect any Federal or State law prohibiting
discrimination on the basis of race, religion, color,
ethnicity, national origin, gender, age, or disability.
(2) Evidence.--The endorsement or absence of an endorsement
by the Board of a skill standard or assessment and
certification system under subsection (d) shall not be used
in any action or proceeding to establish that the skill
standard or assessment and certification system conforms or
does not conform to the requirements of civil rights laws.
(f) Coordination With Education Standards.--The National
Board shall establish cooperative arrangements with the
National Education Standards and Improvement Council to
promote the coordination of the development of skill
standards under this title with the development of content
and performance standards under title II.
(g) Financial Assistance.--
(1) In general.--From funds appropriated pursuant to
section 166(a), the Secretary of Labor may award grants
(including grants to the voluntary partnerships in accordance
with paragraph (2)) and enter into contracts and cooperative
arrangements that are requested by the National Board for the
purposes of carrying out this title.
(2) Grant programs for voluntary partnerships.--
(A) Eligibility and application.--Voluntary partnerships
that meet the requirements of subsection (b) shall be
eligible to apply for a grant under this subsection. Each
such voluntary partnership desiring a grant shall submit an
application to the National Board at such time, in such
manner, and accompanied by such information as the National
Board may reasonably require.
(B) Review and recommendation.--The National Board shall
review each application submitted pursuant to subparagraph
(A) in accordance with the objective criteria published
pursuant to subparagraph (C) and shall forward each such
application to the Secretary of Labor accompanied by a
recommendation for the approval or disapproval of each such
application by the Secretary.
(C) Criteria for review.--Prior to each fiscal year, the
National Board shall publish objective criteria to be used by
the Board in reviewing applications under subparagraph (B).
(3) Limitation on the use of funds.--
(A) In general.--Not more than 20 percent of the funds
appropriated under section 166(a) for each fiscal year shall
be used by the National Board for the costs of
administration.
(B) Costs of administration defined.--For purposes of this
paragraph, the term ``costs of administration'' means costs
relating to staff, supplies, equipment, space, travel and per
diem, costs of conducting meetings and conferences, and other
related costs.
SEC. 174. DEADLINES.
Not later than December 31, 1996, the National Board
shall--
(1) identify occupational clusters pursuant to section
163(a) representing a substantial portion of the workforce;
and
(2) promote the development of an initial set of skill
standards in accordance with section 163(d) for such
clusters.
SEC. 175. REPORTS.
The National Board shall submit to the President and the
Congress in each fiscal year a report on the activities
conducted under this title, including the extent to which
skill standards have been adopted by employers, training
providers, and other entities and the effectiveness of such
standards in accomplishing the purposes described in section
161.
SEC. 176. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated
$15,000,000 for fiscal year 1994 and such sums as may be
necessary for each of the fiscal years 1995 through 1998 to
carry out this title.
(b) Availability.--Amounts appropriated pursuant to
subsection (a) shall remain available until expended.
SEC. 177. DEFINITIONS.
For purposes of this title, the following definitions
apply:
(1) Community-based organizations.--The term ``community-
based organizations'' means such organizations as defined in
section 4(5) of the Job Training Partnership Act.
(2) Educational institution.--The term ``educational
institution'' means a high school, a vocational school, and
an institution of higher education.
(3) Skill standard.--The term ``skill standard'' means the
level of knowledge and competence required to successfully
perform work-related functions within an occupational
cluster.
PART E--MISCELLANEOUS
SEC. 181. DEFINITIONS.
As used in this Act--
(1) the terms ``all students'' and ``all children'' mean
students or children from a broad range of backgrounds and
circumstances, including disadvantaged students, students
with diverse racial, ethnic, and cultural backgrounds,
American Indians, Alaska Natives, Native Hawaiians, students
with disabilities, students with limited-English proficiency,
migrant children, school-aged children who have dropped out,
migrant children, and academically talented students;
(2) the term ``assessment system'' means measures of
student performance which include at least 1 test, and may
include other measures of student performance, for a specific
purpose and use which are intended to evaluate the progress
of all students in the State toward learning the material in
State content standards in 1 or more subject areas;
(3) the terms ``community'', ``public'', and ``advocacy
group'' are to be interpreted to include representatives of
organizations advocating for the education of American
Indian, Alaska Native, and Native Hawaiian children and
Indian tribes;
(4) the term ``content standards'' means broad descriptions
of the knowledge and skills students should acquire in a
particular subject area;
(5) the term ``Governor'' means the chief executive of the
State;
(6) the terms ``local educational agency'' and ``State
educational agency'' have the meaning given those terms in
section 1471 of the Elementary and Secondary Education Act of
1965;
(7) the term ``opportunity-to-learn standards'' means the
criteria for, and the basis of, assessing the sufficiency or
quality of the resources, practices, and conditions necessary
at each level of the education system (schools, local
educational agencies, and States) to provide all students
with an opportunity to learn the material in national or
State content standards;
(8) the term ``outlying areas'' means Guam, American Samoa,
the Virgin Islands, the Commonwealth of the Northern Mariana
Islands, and Palau (until the effective date of the Compact
of Free Association with the Government of Palau);
(9) the term ``performance standards'' means concrete
examples and explicit definitions of what students have to
know and be able to do to demonstrate that they are
proficient in the skills and knowledge framed by content
standards;
(10) the term ``related services'' has the same meaning
given such term under section 602(17) of the Individuals with
Disabilities Education Act;
(11) the term ``school'' means a school that is under the
authority of the State educational agency and a local
educational agency or, for the purpose of carrying out
section 164(b), a school that is operated or funded by the
Bureau of Indian Affairs;
(12) the term ``Secretary'', except where used in title IV,
means the Secretary of Education; and
(13) except as otherwise provided, the term ``State'' means
each of the 50 States, the District of Columbia, the
Commonwealth of Puerto Rico, and each of the outlying areas.
SEC. 182. LIMITATIONS.
(a) Assessments.--No funds provided under titles II or III
of this Act shall be used to undertake assessments that will
be used to make decisions regarding the graduation, grade
promotion, or retention of students for five years after the
date of enactment of this Act.
(b) Public School.--Nothing in this Act shall be construed
to authorize the use of funds under title III (except as
provided in section 160) to directly or indirectly benefit
any school other than a public school.
SEC. 183. ASSESSMENT OF EDUCATIONAL PROGRESS ACTIVITIES.
Section 421(h) of the Carl D. Perkins Vocational and
Applied Technology Education Act (20 U.S.C. 2421(h)) is
amended--
(1) by inserting ``(1)'' after ``(h)''; and
(2) by inserting at the end the following:
``(2)(A) Notwithstanding any provision of section 406 of
the General Education Provisions Act, the Commissioner of
Education Statistics may authorize a State educational agency
or a consortium of such agencies to use items and data from
the National Assessment of Educational Progress for the
purpose of evaluating a course of study related to vocational
education, if the Commissioner has determined, in writing,
that such use will not--
``(i) result in the identification of characteristics or
performance of individual students or schools;
``(ii) result in the ranking or comparing of schools or
local educational agencies;
``(iii) be used to evaluate the performance of teachers,
principals, or other local educators for the purpose of
dispensing rewards or punishments; or
``(iv) corrupt or harm the use and value of data collected
for the National Assessment of Educational Progress.
``(B) Not later than 60 days after making an authorization
under subsection (a), the Commissioner shall submit to the
Committee on Education and Labor of the House of
Representatives and to the Committee on Labor and Human
Resources of the Senate, a report which contains--
``(i) a copy of the request for such authorization;
``(ii) a copy of the written determination under subsection
(a); and
``(iii) a description of the details and duration of such
authorization.
``(C) The Commissioner may not grant more than one such
authorization in any fiscal year and shall ensure that the
authorized use of items or data from the National Assessment
is evaluated for technical merit and for its affect on the
National Assessment of Educational Progress. The results of
such evaluations shall be promptly reported to the committees
specified in subparagraph (B).''.
SEC. 184. COMPLIANCE WITH BUY AMERICAN ACT.
No funds appropriated pursuant to this Act may be expended
by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1993 (41 U.S.C. 10a-10c, popularly
known as the ``Buy American Act'').
SEC. 185. 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.
SEC. 186. PROHIBITION OF CONTRACTS.
If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing
a ``Made in America'' inscription, or any inscription with
the same meaning to any product sold in or shipped to the
United States that is not made in the United States, such
person shall be ineligible to receive any contract or
subcontract made with funds provided pursuant to this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in section 9.400 through 9.409 of title
48, Code of Federal Regulations.
PART F--PARENTAL INFORMATION AND RESOURCES
SEC. 191. PARENTAL INFORMATION AND RESOURCES
(a) Authorization.--The Secretary of Education is
authorized to make grants each year to nonprofit
organizations for the purpose of providing training and
information to parents of children, aged birth to 5 years,
and children enrolled in participating schools and to
individuals who work with such parents to encourage a more
effective working relationship with professionals in meeting
the educational needs of children, aged birth to 5 years, and
children enrolled in participating schools.
(b) Grants.--Such grants shall--
(1) be designed to meet the unique training and information
needs of parents of children, aged birth to 5 years, and
children enrolled in participating schools, particularly
parents who are severely disadvantaged educationally or
economically;
(2) be distributed geographically to the greatest extent
possible throughout all the States and give priority to
grants which serve areas with high concentrations of low-
income families;
(3) be targeted to parents of children, aged birth to 5
years, and children enrolled in participating schools in
rural, suburban, and urban areas;
(4) serve parents of low-income and minority children, aged
birth to 5 years, and children enrolled in participating
schools, including limited-English-proficient children;
(5) be funded at a sufficient size, scope, and quality to
ensure that the program is adequate to serve the parents in
the area; and
(6) include funds to establish, expand, and operate
Teachers as Parents programs.
SEC. 192. ELIGIBILITY.
(a) Representation.--To receive a grant under section 191,
a nonprofit organization shall meet the following
requirements:
(1) Be governed by a board of directors in which the
membership includes, or be an organization that represents
the interests of, parents and establish a special advisory
committee in which the membership includes--
(A) parents of children, aged birth to 5 years, and
children enrolled in participating schools; and
(B) representation of education professionals with
expertise in improving services for disadvantaged children.
(2) Provide that the parent and professional membership of
the board or special advisory committee is broadly
representative of minority, low-income, and other individuals
and groups that have an interest in compensatory education
and family literacy.
(3) Demonstrate the capacity and expertise to conduct
effective training and information activities for which a
grant may be made.
(4) Network with clearinghouses, other organizations and
agencies, and with other established national, State, and
local parent groups representing the full range of parents of
children, aged birth to 5 years, and children enrolled in
participating schools, especially parents of low-income and
minority children.
(b) Requirements.--The Board of Directors or special
governing committee of an organization receiving a grant
under this title shall meet at least once each calendar
quarter to review the parent training and information
activities for which the grant is made.
(c) Grant Renewal.--Whenever an organization requests the
renewal of a grant under section 191 for a fiscal year, the
Board of Directors or the special advisory committee shall
submit to the Secretary a written review of the parent
training and information program conducted by such
organization during the preceding fiscal year.
SEC. 193. USES OF FUNDS.
Grants received under this title may be used--
(1) for parent training and information programs that
assist parents to--
(A) better understand their children's educational needs;
(B) provide follow up support for their children's
educational achievement;
(C) communicate more effectively with teachers, counselors,
administrators, and other professional educators and support
staff;
(D) participate in the design and provision of assistance
to students who are not making adequate progress;
(E) obtain information about the range of options,
programs, services, and resources available at the national,
State, and local levels to assist parents of children, aged
birth to 5 years, and children enrolled in participating
schools and their parents;
(F) seek technical assistance regarding compliance with the
requirements of this Act and of other Federal programs
relevant to achieving the goals of this Act;
(G) participate in State and local decision-making;
(H) train other parents; and
(I) plan, implement, and fund activities that coordinate
the education of their children with other Federal programs
that serve such children or their families;
(2) to include State or local educational personnel where
such participation would further an objective of the program
assisted by the grant; and
(3) to establish a parent training and information center
to carry out the activities in paragraphs (1) and (2) and to
represent parent interests at the State level, including
participation in the design of the public outreach process
described in section 156(b)(6), submitting recommendations
concerning State standards and plans, and commenting on
proposed waivers under this Act.
SEC. 194. TECHNICAL ASSISTANCE.
The Secretary shall provide technical assistance, by grant
or contract, for the establishment, development, and
coordination of parent training and information programs and
centers.
SEC. 195. EXPERIMENTAL CENTERS.
After the establishment in each State of a parent training
and information center, the Secretary shall provide for the
establishment of 5 additional experimental centers, 3 to be
located in urban areas and 2 in rural areas where there are
large concentrations of poverty.
SEC. 196. REPORTS.
Not later than June 30, 1995, and not later than June 30
each succeeding year, the Secretary shall obtain data
concerning programs and centers assisted under this title,
including--
(1) the number of parents, including the number of minority
and limited-English-proficient parents, who receive
information and training;
(2) the types and modes of information or training
provided; and
(3) the strategies used to reach and serve parents of
minority and limited-English-proficient children and parents
with limited literacy skills.
SEC. 197. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000 for
fiscal year 1994 and such sums as may be necessary for each
of the fiscal years 1995 through 1998.
TITLE II--EDUCATIONAL RESEARCH, DEVELOPMENT, AND DISSEMINATION
EXCELLENCE ACT
SEC. 201. FINDINGS.
The Congress finds as follows with respect to improving
education in the United States:
(1) A majority of public schools in the United States are
failing to adequately prepare their students. To achieve the
national education goals set forth by the President and the
governors of the States, an overwhelming campaign for
educational improvement must be mounted in order to set in
motion many strategies and models designed to encourage and
support school restructuring. The Federal Government must
support an extensive program of educational research,
development, dissemination, replication and assistance to
identify and support the best responses for the challenges
ahead. A significant investment in attaining a deeper
understanding of the processes of learning and schooling and
developing new ideas holds the best hope of making a
substantial difference to the lives of every school and
student in the United States. The Office of Educational
Research and Improvement of the Department of Education
should be at the center of this campaign in order to
coordinate such efforts.
(2) The Federal role in educational research has been
closely identified with youths who are socioeconomically
disadvantaged, belong to a language minority, or are
disabled. However, in 1988, the Federal commitment to
education was sufficient to serve not more than--
(A) 1 out of every 5 low-income children in need of
preschool education;
(B) 2 out of every 5 children in need of remediation;
(C) 1 out of every 4 children in need of bilingual
education; and
(D) 1 out of every 20 youths in need of job training.
(3) The failure of the Federal Government to adequately
invest in educational research and development has denied the
Nation a sound foundation on which to design school
improvements, leading to a history of faddism and failed
experimentation resulting in a dearth of research in the area
of educationally at-risk students. This situation is of
particular concern because at least half of the public school
students in 25 of the largest cities of the United States are
minority children, and demographers project that, by 2005,
almost all urban public school students will be minority
children or other children in poverty.
(4) The investment goal of the Federal research,
development, and dissemination function should be at least 1
percent of the total amount of funds spent on education
nationally.
(5) Nationwide model programs and reliable interventions
should be demonstrated and replicated, and for such purposes,
programs should be established to conduct research and
evaluations, and to disseminate information.
(6) The Office of Educational Research and Improvement must
develop a national dissemination policy that will advance the
goal of placing a national treasure chest of research
results, models, and materials at the disposal of the
Nation's education decisionmakers.
(7) A National Educational Research Policy and Priorities
Board should be established to ensure that an educational
research and dissemination agenda is developed and
implemented without partisan political interference.
(8) Existing research and development entities should adopt
expanded, proactive roles and new institutions must be
created to promote knowledge development necessary to
accelerate the application of research knowledge to high
priority areas.
(9) Greater use should be made of existing technologies in
efforts to improve the Nation's educational system, including
efforts to disseminate research findings.
(10) Minority educational researchers are inadequately
represented throughout the Department of Education, but
particularly in the Office of Educational Research and
Improvement. The Office therefore must assume a leadership
position in the recruitment, retention, and promotion of
qualified minority educational researchers.
(11) The coordination of the mission of the Office of
Educational Research and Improvement with that of other
components of the Department of Education is critical. It
must improve the coordination of the educational research,
development, and dissemination function with those of other
Federal agencies.
PART A--GENERAL PROVISIONS REGARDING OFFICE OF EDUCATIONAL RESEARCH AND
IMPROVEMENT
SEC. 211. GENERAL PROVISIONS.
Section 405 of the General Education Provisions Act (20
U.S.C. 1221e) is amended to read as follows:
``office of educational research and improvement
``Sec. 405. (a) Declaration of Policy Regarding Educational
Opportunity.--
``(1) In general.--The Congress declares it to be the
policy of the United States to provide to every individual an
equal opportunity to receive an education of high quality
regardless of race, color, religion, sex, age, disability,
national origin, or social class. Although the American
educational system has pursued this objective, it has not
attained the objective. Inequalities of opportunity to
receive high quality education remain pronounced. To achieve
the goal of quality education requires the continued pursuit
of knowledge about education through research, development,
improvement activities, data collection, synthesis, technical
assistance, and information dissemination. While the
direction of American education remains primarily the
responsibility of State and local governments, the Federal
Government has a clear responsibility to provide leadership
in the conduct and support of scientific inquiry into the
educational process.
``(2) Mission of office.--
``(A) The mission of the Office of Educational Research and
Improvement shall be to provide national leadership in--
``(i) expanding fundamental knowledge and understanding of
education;
``(ii) promoting excellence and equity in education; and
``(iii) monitoring the state of education.
``(B) The mission of the Office shall be accomplished in
collaboration with researchers, teachers, school
administrators, parents, students, employers, and
policymakers.
``(b) Purpose and Structure of Office.--
``(1) In general.--The Secretary, acting through the Office
of Educational Research and Improvement, shall carry out the
policies set forth in subsection (a). In carrying out such
policies, the Secretary shall be guided by the priorities
established by the Board of Governors established in section
405A.
``(2) Administrative structure.--The Office shall be
administered by the Assistant Secretary and shall include--
``(A) the National Educational Research Policy and
Priorities Board established by section 405A;
``(B) the national research institutes established by
section 405B;
``(C) the national education dissemination system
established by section 405C;
``(D) the National Library of Education established by
section 405D;
``(E) the National Center for Education Statistics
established by section 406; and
``(F) such other units as the Secretary deems appropriate
to carry out the purposes of the Office.
``(3) Priorities in research and development.--The Office
shall, in accordance with the provisions of this section,
seek to improve education in the United States through
concentrating the resources of the Office on the following
priority research and development needs:
``(A) The education of at-risk students.
``(B) The education and development of young children.
``(C) Student achievement in elementary and secondary
school.
``(D) Postsecondary education, libraries, and lifelong
learning for adults.
``(E) The improvement of schools through the restructuring
and reform of school governance, policymaking, finance and
management at the State, local, school building, and
classroom level.
``(c) Appointment of Employees.--
``(1) In general.--The Assistant Secretary may appoint, for
terms not to exceed three years (without regard to the
provisions of title 5 of the United States Code governing
appointment in the competitive service) and may compensate
(without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates) such
scientific or technical employees of the Office as the
Assistant Secretary considers necessary to accomplish its
functions, provided that--
``(A) at least 60 days prior to the appointment of any such
employee, public notice is given of the availability of such
position and an opportunity is provided for qualified
individuals to apply and compete for such position;
``(B) the rate of basic pay for such employees does not
exceed the maximum rate of basic pay payable for positions at
GS-15, as determined in accordance with section 5376 of title
5, United States Code;
``(C) the appointment of such employee is necessary to
provide the Office with scientific or technical expertise
which could not otherwise be obtained by the Office through
the competitive service; and
``(D) the total number of such employees does not exceed
one-fifth of the number of full-time, regular scientific or
professional employees of the Office.
``(2) Reappointment of employees.--The Assistant Secretary
may reappoint employees described in paragraph (1) upon
presentation of a clear and convincing justification of need,
for one additional term not to exceed 3 years. All such
employees shall work on activities of the Office and shall
not be reassigned to other duties outside the Office during
their term.
``(d) Authority to Publish.--
``(1) In general.--The Assistant Secretary is authorized to
prepare and publish such information, reports, and documents
as may be of value in carrying out the purposes of sections
405 through 405D without further clearance or approval by the
Secretary or any other office of the Department.
``(2) Quality assurance.--In carrying out such authority,
the Assistant Secretary shall--
``(A) establish such procedures as may be necessary to
assure that all reports and publications issued by the Office
are of the highest quality; and
``(B) provide other offices of the Department with an
opportunity to comment upon any report or publication prior
to its publication when its contents relate to matters for
which such office has responsibility.
``(e) Biennial Report on Activities of Office.--The
Assistant Secretary shall transmit to the President and the
Congress by not later than December 30 of every other year a
biennial report which shall consist of--
``(1) a description of the activities carried out by and
through each research institute during the fiscal years for
which such report is prepared and any recommendations and
comments regarding such activities as the Assistant Secretary
considers appropriate;
``(2) a description of the activities carried out by and
through the national education dissemination system
established by section 405C during the fiscal years for which
such report is prepared and any recommendations and comments
regarding such activities as the Assistant Secretary
considers appropriate;
``(3) such written comments and recommendations as may be
submitted by the Board concerning the activities carried out
by and through each of the institutes and the national
education dissemination system during the fiscal years for
which such report is prepared and how such activities relate
to the Research Policies and Priorities Plan developed by the
Board;
``(4) a description of the coordination activites
undertaken pursuant to section 405(f) during the fiscal years
for which such report is prepared;
``(5) recommendations for legislative and administrative
changes necessary to improve the coordination of all
educational research, development, and dissemination
activities carried out within the Federal Government,
particularly within the priority research and development
needs identified in section 405(b)(3); and
``(6) such additional comments, recommendations, and
materials as the Assistant Secretary considers appropriate.
``(f) Coordination.--With the advice and assistance of the
Board, the Assistant Secretary shall establish and maintain
an ongoing program of activities designed to improve the
coordination of education research, development, and
dissemination and activities within the Department and within
the Federal Government, particularly within the priority
research and development needs identified in section
405(b)(3), in order to--
``(1) minimize duplication in education research,
development, and dissemination carried out by the Federal
Government;
``(2) maximize the value of the total Federal investment in
education research, development, and dissemination; and
``(3) enable all entities engaged in education research,
development, and dissemination within the Federal Government
to interact effectively as partners and take full advantage
of the diverse resources and proficiencies which each entity
has available.
``(g) Activities Required With Respect to Coordination.--In
carrying out such program of coordination, the Assistant
Secretary shall compile (and thereafter regularly maintain)
and make available a comprehensive inventory of all education
research, development, dissemination activities, and
expenditures being carried out by the Federal Government
within the priority research and development needs identified
in section 405(b)(3).
``(h) Standards for Conduct and Evaluation of Research.--
``(1) In general.--In consultation with the Board, the
Assistant Secretary shall develop such standards as may be
necessary to govern the conduct and evaluation of all
research, development, and dissemination activities carried
out by the Office to assure that such activities meet the
highest standards of professional excellence. In developing
such standards, the Assistant Secetary shall review the
procedures utilized by the National Institutes of Health, the
National Science Foundation, and other Federal agencies
engaged in research and development and shall also actively
solicit recommendations from the the National Academy of
Sciences, the American Educational Research Association and
members of the general public.
``(2) Contents of standards.--Such standards shall at a
minimum--
``(A) require that a system of peer review be utilized by
the Office--
``(i) in reviewing and evaluating all applications for
grants and cooperative agreements and bids for those
contracts which exceed $100,000;
``(ii) in evaluating and assessing the performance of all
recipients of grants from and cooperative agreements and
contracts with the Office; and
``(iii) in reviewing and designating exemplary and
promising programs in accordance with section 405C(d);
``(B)(i) specify the composition of peer review panels, the
criteria for the selection of members of such panels, and
describe the means by which potential members shall be
identified so as to assure that such panels are broadly
representative of individuals with expertise in matters
relevant to the purposes of each such panel;
``(ii) prohibit the consideration of partisan affiliation
in the selection of any member of a peer review panel;
``(iii) describe the general procedures which shall be used
by each peer review panel in its operations;
``(iv) prohibit the participation by a member of a peer
review panel in the review of any application in which such
member has any financial interest; and
``(v) require that transcripts, minutes, and other
documents made available to or prepared for or by a peer
review panel will be available for public inspection to the
extent consistent with the Freedom of Information Act, the
Federal Advisory Committee Act, the Privacy Act, and other
laws;
``(C)(i) describe the procedures which shall be utilized in
evaluating applications for grants, proposed cooperative
agreements, and contract bids;
``(ii) specify the criteria and factors which shall be
considered in making such evaluations; and
``(iii) provide that any decision to fund a grant,
contract, or cooperative agreement out of its order of
ranking by a peer review panel shall be first fully justified
in writing and that copies of such justification shall be
transmitted to the Board, unless such action is required by
some other provision of law;
``(D)(i) describe the procedures which shall be utilized in
reviewing educational programs which have been identified by
or submitted to the Secretary for evaluation in accordance
with section 405C(d); and
``(ii) specify the criteria which shall be used in
recommending programs as exemplary and promising; and
``(E)(i) require that the performance of all recipients of
grants from and contracts and cooperative agreements with the
Office shall be periodically evaluated, both during and at
the conclusion of their receipt of assistance;
``(ii) describe the procedures and means by which such
evaluations shall be undertaken, including--
``(I) the frequency of such evaluations;
``(II) the criteria, outcome measures, and other factors
which shall be taken into account; and
``(III) measures to assure that on-site evaluations of
performance shall be utilized to the extent appropriate and
whenever practicable; and
``(iii) provide that the results of such evaluations shall
be taken into account prior to any decision to continue,
renew, or provide new funding to the entity being reviewed.
``(3) Publication and promulgation of standards.--
``(A) The Assistant Secretary shall publish proposed
standards--
``(i) which meet the requirements of subparagraphs (A),
(B), and (C) of paragraph (2) not later than 1 year after the
date of the enactment of the Educational Research,
Development, and Dissemination Excellence Act;
``(ii) which meet the requirements of paragraph (2)(D) not
later than 2 years after such date; and
``(iii) which meet the requirements of subparagraph (E) of
paragraph (2) not later than 3 years after such date;
``(B) Following the publication of such proposed standards,
the Assistant Secretary shall solicit comments from
interested members of the public with respect to such
proposed standards for a period of not more than 120 days.
After giving due consideration to any comments which may have
been received, the Assistant Secretary shall transmit such
standards to the Board for its review and approval.
``(C) Upon the approval of the Board, the Assistant
Secretary shall transmit final standards to the Secretary
which meet the requirements of the particular subparagraphs
of paragraph (2) for which they were developed. Such
standards shall be binding upon all activities carried out
with funds appropriated under section 405.
``(i) Additional Responsibilities of the Assistant
Secretary.--In carrying out the activities and programs of
the Office, the Assistant Secretary shall--
``(1) be guided by the Research Priorities Plan developed
by the Board;
``(2) ensure that there is broad and regular public and
professional involvement from the educational field in the
planning and carrying out of the Office's activities,
including establishing teacher advisory boards for any
program office, program or project of the Office as the
Assistant Secretary deems necessary;
``(3) ensure that the selection of research topics and the
administration of the program are free from undue partisan
political influence; and
``(4) ensure that all statistics and other data collected
and reported by the Office shall be collected, cross-
tabulated, analyzed, and reported by sex within race or
ethnicity and socioeconomic status whenever feasible (and
when such data collection or analysis is not feasible, ensure
that the relevant report or document includes an explanation
as to why such data collection or analysis is not feasible).
``(j) Definitions.--For purposes of this section and
sections 405A through 405D:
``(1) The term `Assistant Secretary' means the Assistant
Secretary for Educational Research and Improvement
established by section 202 of the Department of Education
Organization Act.
``(2) The term `at-risk student' means a student who,
because of limited English proficiency, poverty, geographic
location, or educational or economic disadvantage, faces a
greater risk of low educational achievement and has greater
potential for dropping out of school.
``(3) The term `Board' means the National Educational
Research Policy and Priorities Board.
``(4) The term `educational research' includes basic and
applied research, development, planning, surveys,
assessments, evaluations, investigations, experiments, and
demonstrations in the field of education and other fields
relating to education.
``(5) The term `development'--
``(A) means the systematic use, adaptation, and
transformation of knowledge and understanding gained from
research to create alternatives, policies, products, methods,
practices, or materials which can contribute to the
improvement of educational practice; and
``(B) includes the design and development of prototypes and
the testing of such prototypes for the purposes of
establishing their feasibility, reliability, and cost-
effectiveness.
``(6) The term `technical assistance' means the provision
of external assistance to facilitate the adoption or
application of the knowledge gained from educational research
and development and includes--
``(A) problem analysis and diagnosis;
``(B) assistance in finding, selecting, or designing
suitable solutions and approaches to problems;
``(C) training in the installation and implementation of
products, programs, policies, practices, or technologies; and
``(D) such other assistance as may be necessary to
encourage the adoption or application of such knowledge.
``(7) The term `dissemination' means the transfer of
knowledge and products gained through research and includes--
``(A) the use of communication techniques to increase
awareness of such knowledge and products;
``(B) the provision of comparative and evaluative
information necessary to enable educators, school
administrators, and others to assess and make informed
judgments about the relevance and usefulness of such
knowledge and products in specific settings; and
``(C) the provision of technical assistance needed to
adapt, apply, and utilize such knowledge and products in
specific educational settings.
``(8) The term `national education dissemination system'
means the activities carried out by the Office of Reform
Assistance and Dissemination established by section 405C.
``(9) The term `Office' means the Office of Educational
Research and Improvement established in section 209 of the
Department of Education Organization Act.
``(10) The term `national research institute' means an
institute established in section 405B.
``(11) The terms `United States' and `State' include the
District of Columbia and the Commonwealth of Puerto Rico.
``(k) Authorization of Appropriations.--
``(1) National institutes.--
``(A) For the purpose of carrying out section 405B, there
is authorized to be appropriated $37,000,000 for fiscal year
1994.
``(B) For the purpose of carrying out the provisions of
section 405B relating to the National Institute for Student
Achievement, there are authorized to be appropriated
$20,000,000 for fiscal year 1995, and such sums as are
necessary for each of fiscal years 1996 and 1997.
``(C) For the purpose of carrying out the provisions of
section 405B relating to the National Institute for the
Education of At-Risk Students, there are authorized to be
appropriated $20,000,000 for fiscal year 1995, and such sums
as are necessary for each of fiscal years 1996 and 1997.
``(D) For the purpose of carrying out the provisions of
section 405B relating to the National Institute for
Innovation in Educational Governance, Finance, Policy-Making,
and Management, there are authorized to be appropriated
$20,000,000 for fiscal year 1995, and such sums as are
necessary for each of fiscal years 1996 and 1997.
``(E) For the purpose of carrying out the provisions of
section 405B relating to the National Institute for Early
Childhood Development and Education, there are authorized to
be appropriated $20,000,000 for fiscal year 1995, and such
sums as are necessary for each of fiscal years 1996 and 1997.
``(F) For the purpose of carrying out the provisions of
section 405B relating to the National Institute of
Postsecondary Education, Libraries, and Lifelong Learning,
there are authorized to be appropriated $20,000,000 for
fiscal year 1995, and such sums as are necessary for each of
fiscal years 1996 and 1997.
``(2) National education dissemination system.--
``(A)(i) For the purpose of carrying out subsections (b)(2)
through (g) of section 405C, there are authorized to be
appropriated $22,000,000 for fiscal year 1994, and such sums
as are necessary for each of the fiscal years 1995 through
1997.
``(ii) Of the amount appropriated under clause (i) for any
fiscal year, the Secretary shall make available not less than
$7,175,000 to carry out subsection (f) of section 405C
(relating to clearinghouses).
``(B) For the purpose of carrying out subsection (h) of
section 405C (relating to regional educational laboratories),
there are authorized to be appropriated $37,000,000 for
fiscal year 1994, and such sums as are necessary for each of
the fiscal years 1995 through 1997. Of the amounts
appropriated under the preceding sentence for a fiscal year,
the Secretary shall obligate not less than 25 percent to
carry out such purpose with respect to rural areas (including
schools funded by the Bureau of Indian Affairs which are
located in rural areas).
``(C) For the purpose of carrying out subsection (j) of
section 405C (relating to the teacher research dissemination
network) there are authorized to be appropriated $30,000,000
for fiscal year 1994, and such sums as are necessary for each
of the fiscal years 1995 through 1997.
``(D) For the purpose of carrying out subsection (i) of
section 405C (relating to the Goals 2000 Community
Partnerships program), there are authorized to be
appropriated $30,000,000 for fiscal year 1994, $50,000,000
for fiscal year 1995, and such sums as are necessary for each
of the fiscal years 1996 and 1997.
``(3) National educational research policy and priorities
board.--Of the amounts appropriated under paragraphs (1) and
(2) for any fiscal year, the Secretary shall make available 2
percent of such amounts, or $1,000,000, whichever is less, to
the Board for the purpose of carrying out section 405A.
``(4) Allocations for grants, cooperative agreements, and
contracts.--Of the amounts appropriated under paragraph (1)
or (2) for any fiscal year, not less than 95 percent shall be
expended to carry out the purposes described in such
paragraphs through grants, cooperative agreements, or
contracts.
``(5) Limitations on appropriations.--No amounts are
authorized to be appropriated under paragraph (1) or (2) for
fiscal year 1995 or any fiscal year thereafter unless the
Board has been appointed in accordance with section 405A.
``(6) Grant authorized.--From the amounts appropriated
under paragraph (1) for fiscal year 1995, the Secretary is
authorized, in accordance with the provisions of this
paragraph, to award a grant of not more than $5,000,000 to a
public or private institution, agency or organization for a
period not to exceed five years for the purpose of conducting
a State-by-State poll to determine the perceptions of recent
graduates of secondary schools, their instructors in
institutions of higher education, parents of recent such
graduates, and employers of recent such graduates on how well
schools have prepared students for further education or
employment. The grant shall be awarded on a competitive basis
and shall be matched on a two-to-one basis, with the Federal
Government contributing one-third of the total costs of the
poll.''.
SEC. 212. ASSISTANT SECRETARY FOR EDUCATIONAL RESEARCH AND
IMPROVEMENT.
Subsection (b) of section 202 of the Department of
Education Organization Act is amended--
(1) in paragraph (1)--
(A) by striking subparagraph (E); and
(B) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively; and
(2) by adding at the end the following new paragraph:
``(3) There shall be in the Department an Assistant
Secretary for Educational Research and Improvement who shall
be--
``(A) appointed by the President, by and with the consent
of the Senate; and
``(B) selected in consultation with the National
Educational Research Policy and Priorities Board from among
individuals who--
``(i) are distinguished educational researchers;
``(ii) have proven management ability; and
``(iii) have substantial knowledge of education within the
United States.''.
SEC. 213. SAVINGS PROVISION.
Notwithstanding any other provision of law, contracts for
the regional educational laboratories, education resources
information clearinghouses and research and development
centers assisted under section 405 of the General Education
Provisions Act on the date of the enactment of this Act shall
remain in effect until the termination date of such
contracts.
SEC. 214. EXISTING GRANTS AND CONTRACTS.
Notwithstanding any other provision of law, grants and
contracts for the research and development centers assisted
under section 405 of the General Education Provisions Act on
the date of enactment of this Act shall remain in effect
until the termination date of such grants or contracts, as
the case may be, except that such grants and contracts may be
extended to implement the provisions of this Act.
PART B--NATIONAL EDUCATIONAL RESEARCH POLICY AND PRIORITIES BOARD
SEC. 221. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT.
Part A of the General Education Provisions Act (20 U.S.C.
1221e et seq.) is amended by inserting after section 405 the
following new section:
``national educational research policy and priorities board
``Sec. 405A. (a) In General.--There is established within
the Office a National Educational Research Policy and
Priorities Board (hereafter in this section referred to as
the `Board').
``(b) Functions.--It shall be the responsibility of the
Board, acting through the Assistant Secretary--
``(1) to determine priorities that should guide the work of
the Office and provide guidance to the Congress in its
oversight of the Office;
``(2) to review and approve standards for the conduct and
evaluation of all research, development, and dissemination
carried out under the auspices of the Office pursuant to
sections 405 through 405C; and
``(3) to regularly review, evaluate, and publicly comment
upon, the implementation of its recommended priorities and
policies by the Department and the Congress.
``(c) Research Priorities Plan.--In cooperation with the
Assistant Secretary, the Board shall--
``(1) survey and assess the state of knowledge in education
research, development and dissemination to identify
disciplines and areas of inquiry within the priority
research, development and dissemination needs identified in
section 405(b)(3) in which the state of knowledge is
insufficient and which warrant further investigation, taking
into account the views of both education researchers and
practicing educators;
``(2) consult with the National Education Goals Panel and
other authorities on education to identify national
priorities for the improvement of education;
``(3) actively solicit recommendations from education
researchers, teachers, school administrators, cultural
leaders, parents, and others throughout the Nation through
such means as periodic regional forums;
``(4) provide recommendations for the development,
maintenance, and assurance of a strong infrastructure for
education, research, and development in the United States;
and
``(5) on the basis of such recommendations, develop a
research priorities program which shall recommend priorities
for the investment of the resources of the Office over the
next 5-, 10-, and 15-year periods, including as priorities
those areas of inquiry in which further research, development
and dissemination--
``(A) is necessary to attain the goals for the improvement
of education identified in paragraph (2);
``(B) promises to yield the greatest practical benefits to
teachers and other educators in terms of improving education;
and
``(C) will not be undertaken in sufficient scope or
intensity by the other Federal and non-Federal entities
engaged in education research and development.
``(d) Contents of Plan--
``(1) In general.--The research and priorities plan
described in subsection (c) shall, at a minimum--
``(A) set forth specific objectives which can be expected
to be achieved as a result of a Federal investment in the
priorities set forth in the plan;
``(B) include recommendations with respect to research and
development on cross-cutting issues which should be carried
out jointly by 2 or more of the research institutes; and
``(C) include an evaluative summary of the educational
research and development activities undertaken by the Federal
government during the preceding 2 fiscal years which shall
describe--
``(i) what has been learned as a result of such activities;
``(ii) how such new knowledge or understanding extends or
otherwise relates to what had been previously known or
understood;
``(iii) the implications of such new knowledge or
understanding for educational practice and school reform; and
``(iv) any development, reform, and other assistance
activities which have utilized such knowledge or
understanding and the effects of such efforts.
``(2) Report.--
``(A) Not later than 6 months after the first meeting of
the Board and October 1 of every second year thereafter, the
Assistant Secretary shall publish a report specifying the
proposed research priorities of the Office and allow a 60-day
period beginning on the date of the publication of the report
for public comment and suggestions.
``(B) Not later than 90 days after the expiration of the
60-day period referred to in subparagraph (A), the Assistant
Secretary shall submit to the President and the Congress a
report specifying the research priorities of the Office and
any public comment and suggestions obtained under such
subparagraph.
``(e) Additional Responsibilities of the Board.--It shall
also be the responsibility of the Board to--
``(1) provide advice and assistance to the Assistant
Secretary in carrying out the coordination activities
described in section 405;
``(2) make recommendations to the Assistant Secretary of
persons qualified to fulfill the responsibilities of the
Director for each research institute established by section
405B after making special efforts to identify qualified women
and minorities and soliciting and giving due consideration to
recommendations from professional associations and interested
members of the public;
``(3) advise and make recommendations to the President with
respect to individuals who are qualified to fulfill the
responsibilities of the Assistant Secretary for the Office of
Educational Research and Improvement; and
``(4) review and approve standards for the conduct and
evaluation of research developed by the Assistant Secretary
pursuant to subsection (h) of section 405.
``(f) Standing Subcommittees.--
``(1) Establishment; functions.--The Board shall establish
a standing subcommittee for each of the Institutes
established by subsection (a) of section 405B and for the
Office of Reform Assistance and Dissemination established by
subsection (b) of section 405C which shall advise, assist,
consult with and make recommendations to the Assistant
Secretary, the Board, the Director of such entity and the
Congress on matters related to the activities carried out by
and through such entities.
``(2) Composition.--
``(A) Each standing subcommittee shall consist of 3 members
of the Board and 6 additional individuals appointed by the
Board who have significant experience in and knowledge of the
disciplines relevant to the purposes of the entity for which
the subcommittee is established.
``(B) The Board shall assure that the membership of each
subcommittee includes both educational researchers and
persons who are knowledgeable about the research, development
and dissemination needs of practitioners, including classroom
teachers, school administrators, and members of State or
local boards of education.
``(g) Powers of the Board.--In carrying out its functions,
powers, and responsibilities, the Board--
``(1) shall, without regard to the provisions of title 5,
United States Code, relating to the appointment and
compensation of officers or employees of the United States,
appoint a director to be paid at a rate not to exceed the
rate of basic pay payable for level V of the Executive
Schedule who shall assist in carrying out and managing the
activities of the Board and perform such other functions the
Board determines to be necessary and appropriate;
``(2) shall hire its own staff through routine government
procedures;
``(3) may arrange for the detail of staff personnel and
utilize the services and facilities of any agency of the
Federal Government;
``(4) may enter into contracts, or make other arrangements
as may be necessary to carry out its functions;
``(5) may review any grant, contract, or cooperative
agreement made or entered into by the Office;
``(6) may, to the extent otherwise permitted by law, obtain
directly from any department or agency of the United States
such information as it deems necessary to carry out its
responsibilities;
``(7) may convene workshops and conferences, collect data,
and establish subcommittees which may be composed of members
of the Board and nonmember consultants (including employees
of the Department) with expertise in the particular area
addressed by such subcommittees; and
``(8) shall establish such rules and procedures to govern
its operations as it considers appropriate, to the extent
otherwise permitted by law.
``(h) Membership in General.--
``(1) Qualifications.--The members of the Board shall be
eminent persons who, by virtue of their training, experience,
and background, are exceptionally qualified to appraise the
educational research and development effort of the Nation and
to establish policies and priorities to govern future Federal
investment in educational research, development, and
dissemination.
``(2) Broad representation.--Due consideration shall be
given to the gender, race, and ethnicity of appointees to
assure that the Board is broadly representative of the
diversity of the Nation.
``(3) Limitation.--A voting member of the Board may not
serve on any other governing or advisory board within the
Department of Education.
``(4) Conflict of interest.--A voting member of the Board
shall be considered a special Government employee for the
purposes of the Ethics in Government Act of 1978.
``(i) Secretarial Appointments.--The Board shall consist of
18 members appointed by the Secretary. Of the members of the
Board--
``(1) seven shall be appointed from among researchers in
the field of education who have been nominated by the
National Academy of Sciences and the National Academy of
Education (giving due consideration to recommendations made
by the American Educational Research Association), including
persons who are among the leading authorities on early
childhood education and the education of at-risk students;
``(2) five shall be outstanding field-based professional
educators;
``(3) one shall be a Chief State School Officer;
``(4) one shall be a local education agency school
superintendent or principal;
``(5) one shall be a member of a State or local board of
education or Bureau of Indian Affairs-funded school board;
``(6) one shall be a professional librarian, school library
media specialist, library administrator, or library science
educator;
``(7) one shall be a parent with extensive experience in
promoting parental involvement in education; and
``(8) one shall be an individual from business and industry
with significant experience in promoting private sector
involvement in education.
``(j) Requirements for Nominations by the National Academy
of Sciences and the National Academy of Education.--
``(1) In general.--In making nominations for the members of
the Board described in subsection (i)(1), the National
Academy of Sciences and the National Academy of Education--
``(A) may not nominate any individual who is an elected
officer or employee of such organizations; and
``(B) shall each nominate not less than 5 individuals for
each of the positions on the Board for which such
organization has responsibility for making nominations.
``(2) Request for additional nominations.--In the event
that the Secretary determines that none of the individuals
nominated by the National Academy of Sciences or the National
Academy of Education meets the qualifications for membership
on the Board specified in subsection (i), the Secretary may
request that such organization make additional nominations.
``(k) Nominations for Board Membership.--Prior to
appointing any member of the Board, the Secretary shall
actively solicit and give due consideration to
recommendations of persons qualified for membership on the
board from the National Education Association, the American
Federation of Teachers, the National Parent-Teachers
Association, the American Library Association, the American
Association of School Administrators, the National
Association of State Boards of Education, the National Indian
School Board Association, the Association of Community Tribal
Schools, the National Indian Education Association, and other
education-related organizations and interested members of the
public.
``(l) Ex Officio Members.--The ex officio, nonvoting
members of the Board shall include the Assistant Secretary
and may also include--
``(1) the Director of Research for the Department of
Defense;
``(2) the Director of Research for the Department of Labor;
``(3) the Director of the National Science Foundation;
``(4) the Director of the National Institutes of Health;
``(5) the chair of the National Endowment for the Arts;
``(6) the chair of the National Endowment for the
Humanities;
``(7) the Librarian of Congress; and
``(8) the Director of the Office of Indian Education
Programs of the Department of the Interior.
``(m) Chair.--The Board shall select a Chair from among its
appointed members who shall serve for a renewable term of 2
years.
``(n) Terms of Office.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), the term of office of each voting member of the Board
shall be 5 years.
``(2) Exceptions.--
``(A) Any individual appointed to fill a vacancy occurring
on the Board prior to the expiration of the term for which
the predecessor of the individual was appointed shall be
appointed for the remainder of the term. A vacancy shall be
filled in the same manner in which the original appointment
was made.
``(B) The terms of office of the members of the Board who
first take office after the date of the enactment of the
Educational Research, Development, and Dissemination
Excellence Act shall, as designated by a random selection
process at the time of appointment, be as follows:
``(i) 2 years for each of 6 members of the Board.
``(ii) 3 years for each of 6 members of the Board.
``(iii) 5 years for each of 6 members of the Board.
``(3) Prohibition on certain consecutive terms.--An
individual who has been a member of the Board for 10
consecutive years shall thereafter be ineligible for
appointment during the 5-year period beginning on the date of
the expiration of the 10th year.
``(o) Meetings of Board.--
``(1) Initial meeting.--The Secretary shall ensure that the
first meeting of the Board is held not later than May 15,
1994.
``(2) Subsequent meetings.--The Board shall meet quarterly,
at the call of the Chair, and when at least one-third of the
members of the Board make a written request to meet.
``(3) Quorum.--A majority of the Board shall constitute a
quorum.
``(4) Open meetings.--The Government in the Sunshine Act (5
U.S.C. 552b) shall apply to meetings of the Board.''.
PART C--NATIONAL RESEARCH INSTITUTES
SEC. 231. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT.
Part A of the General Education Provisions Act, as amended
by section 221 of this Act, is amended by inserting after
section 405A the following new section:
``national research institutes
``Sec. 405B. (a) Establishment of Institutes.--In order to
fulfill the research and development purposes of the Office,
and to carry out, in accordance with the standards
established by the Board, a program of high-quality and
rigorously evaluated research and development that is capable
of improving Federal, State, Indian tribal, and local
education policies and practices, there are established
within the Office the following institutes:
``(1) The National Institute for the Education of At-Risk
Students.
``(2) The National Institute for Innovation in Educational
Governance, Finance, Policy-Making, and Management.
``(3) The National Institute for Early Childhood
Development and Education.
``(4) The National Institute on Student Achievement.
``(5) The National Institute on Postsecondary Education,
Libraries, and Lifelong Education.
``(b) Directors.--
``(1) In general.--Each Institute established by subsection
(a) shall be headed by a Director who shall be appointed by
the Assistant Secretary from among persons who have
significant experience and expertise in the disciplines
relevant to the purposes of such Institute. Prior to making
such appointment, the Assistant Secretary shall solicit and
give due consideration to recommendations made by the Board
of persons qualfied to fulfill the position.
``(2) Term of office.--The Director of each Institute shall
serve for a renewable term of 3 years.
``(3) Reporting.--Each Director shall report directly to
the Assistant Secretary regarding the activities of the
Institute and shall work with the other directors to promote
research syntheses across the Institutes.
``(c) Authorities and Duties.--
``(1) In general.--The Assistant Secretary is authorized to
conduct research, development, demonstration, and evaluation
activities to carry out the purposes for which such Institute
was established--
``(A) directly;
``(B) through grants, contracts, and cooperative agreements
with institutions of higher education, regional educational
laboratories, public and private organizations, institutions,
agencies, and individuals, which may include--
``(i) grants to support research and development centers
which are--
``(I) awarded competitively for a period of not less than 6
and not more than 10 years;
``(II) funded at not less than $2,000,000 annually in order
to support a full range of basic research, applied research
and dissemination activities, which may also include
development activities; and
``(III) established by institutions of higher education, by
institutions of higher education in consortium with public
agencies or private nonprofit organizations, or by interstate
agencies established by compact which operate subsidiary
bodies established to conduct postsecondary educational
research and development;
``(ii) public-private research partnerships established by
a State or local education agency, Bureau of Indian Affairs-
funded school, or tribal department of education, in concert
with a private organization and a team of educational
researchers, for which the Federal share shall be limited to
not more than 50 percent of the total costs of the project;
``(iii) meritorious unsolicited proposals for educational
research and related activities;
``(iv) proposals that are specifically invited or requested
by the Assistant Secretary, on a competitive basis; and
``(v) dissertation grants, awarded for a period of not more
than 2 years and in a total amount not to exceed $20,000 to
graduate students in the sciences, humanities, and the arts
to support research by such scholars in the field of
education;
``(C) through the provision of technical assistance; and
``(D) through the award of fellowships to support graduate
study in educational research by qualified African-American,
Hispanic, American Indian and Alaska Native, and other
individuals from groups which have been traditionally
underrepresented in the field of educational research which
shall--
``(i) be awarded on the basis of merit for a period of 3
years; and
``(ii) provide stipends to each fellow in an amount which
shall be set at a level of support comparable to that
provided by the National Science Foundation Graduate
Fellowships, except that such amounts shall be adjusted as
necessary so as not to exceed each fellow's demonstrated
level of need.
``(2) Scope and focus of activities.--In carrying out the
purposes for which each Institute is established, the
Assistant Secretary shall--
``(A) maintain an appropriate balance between applied and
basic research;
``(B) significantly expand the role of field-initiated
research in meeting the Nation's education research and
development needs by reserving not less than 15 percent of
the amounts available to each Institute in any fiscal year to
support field-initiated research described in clauses (iii)
through (v) of paragraph (1);
``(C) provide for and maintain a stable foundation of long-
term research and development on core issues and concerns
conducted through university-based research and development
centers by reserving not less than one-third of the amounts
available to each Institute in any fiscal year to support
such research and development centers;
``(D) support and provide research information that leads
to policy formation for State legislatures, State and local
boards of education and other policy and governing bodies, to
assist such entities in identifying and developing effective
policies to promote student achievement and school
improvement; and
``(E) coordinate the Institute's activities with the
activities of the regional educational laboratories and with
other educational service organizations in designing the
Institute's research agenda and projects in order to increase
the responsiveness of such Institute to the needs of teachers
and the educational field and to bring research findings
directly into schools to ensure greatest access at the local
level to the latest research developments.
``(3) Requirements regarding financial assistance.--No
grant, contract, or cooperative agreement may be made under
this section unless--
``(A) sufficient notice of the availability of, and
opportunity to compete for, assistance has first been
provided to potential applicants through notice published in
the Federal Register or other appropriate means;
``(B) it has been evaluated through peer review in
accordance with the standards developed pursuant to
subsection (h) of section 405;
``(C) it will be evaluated in accordance with the standards
developed pursuant to subsection (h) of section 405;
``(D) in the case of a grant, contract, or cooperative
agreement which exceeds $500,000 for a single fiscal year or
$1,000,000 for more than one fiscal year, the Secretary has
complied with the requirements of paragraph (4); and
``(E) in the case of a grant, contract, or cooperative
agreement to support a research and development center, all
applications for such assistance have been evaluated by
independent experts according to standards and criteria which
include--
``(i) whether applicants have assembled a critical mass of
high quality researchers sufficient to achieve the mission of
the center;
``(ii) whether the proposed organizational structure and
arrangements will facilitate achievement of the mission of
the center;
``(iii) whether there is a substantial staff commitment to
the work of the center;
``(iv) whether the directors and staff will devote adequate
time to center activities; and
``(v) review of the contributions of primary researchers
(other than researchers at the proposed center) to evaluate
the appropriateness of such primary researcher's experiences
and expertise in the context of the proposed center
activities, and the adequacy of such primary researcher's
time commitment to achievement of the mission of the center.
``(4) Board review of certain proposed grant and contract
actions.--The Assistant Secretary may not solicit any
contract bid or issue a request for proposals or applications
for any grant or cooperative agreement the amount of which
exceeds $500,000 in any single fiscal year or which exceeds
an aggregate amount of $1,000,000 for more than one fiscal
year unless the Board has had an opportunity to review such
proposed grant, contract, or cooperative agreement action and
to provide written comments to the Assistant Secretary with
respect to whether--
``(A) the purposes and scope of the proposed action are
consistent with the Research Priorities Plan; and
``(B) the methodology and approach of the proposed action
are sound and adequate to achieve its stated objectives.
``(5) Historically underutilized researchers and
institutions.--The Assistant Secretary shall establish and
maintain initiatives and programs to increase the
participation in the activities of each Institute of groups
of researchers and institutions that have been historically
underutilized in Federal educational research activities,
including--
``(A) researchers who are women, African-American,
Hispanic, American Indian and Alaska Native, or other ethnic
minorities;
``(B) promising young or new researchers in the field, such
as postdoctoral students and recently appointed assistant or
associate professors;
``(C) historically black colleges and universities,
tribally controlled community colleges, and other
institutions of higher education with large numbers of
minority students;
``(D) institutions of higher education located in rural
areas; and
``(E) institutions and researchers located in States and
regions of the Nation which have historically received the
least Federal support for educational research and
development.
``(6) Additional authorities.--The Assistant Secretary--
``(A) may obtain (in accordance with section 3109 of title
5 but without regard to the limitation in such section on the
period of service) the services of experts or consultants
with scientific or professional qualifications in the
disciplines relevant to the purposes of such Institute;
``(B) may use, with their consent, the services, equipment,
personnel, information, and facilities of other Federal,
State, or local public agencies, with or without
reimbursement therefor;
``(C) may accept voluntary and uncompensated services; and
``(D) may accept unconditional gifts made to the Office to
support its activities.
``(d) National Institute for the Education of At-Risk
Students.--
``(1) Findings.--The Congress finds as follows:
``(A) The rate of decline in our urban schools is
escalating at a rapid pace. Student performance in most inner
city schools grows worse each year. At least half of all
students entering ninth grade fail to graduate 4 years later
and many more students from high-poverty backgrounds leave
school with skills that are inadequate for today's workplace.
In 1988 the average National Assessment of Educational
Progress (NAEP) reading score of white 17 year-olds was
approximately 20 points higher than that of African-American
17 year-olds and 25 points higher than that of Hispanic 17
year-olds. None of the existing Federal educational research
and development programs are adequately addressing this
obvious emergency.
``(B) Rural schools enroll a disproportionately large share
of the Nation's poor and at-risk students and yet often lack
the means to address effectively the needs of these children.
Intensive efforts must be made to overcome the problems of
geographic isolation, declining population, inadequate
financial resources and other impediments to the educational
success of children residing in rural areas.
``(C) By the year 2000, an estimated 3.4 million school age
children with limited English language proficiency will be
entering the school system. The Federal Government must
develop effective policies and programs to address the
educational needs of this growing population of children who
are at increased risk for educational failure.
``(D) An educational emergency exists in those urban and
rural areas where there are large concentrations of children
who live in poverty. The numbers of educationally
disadvantaged children will substantially increase by the
year 2020, when the number of impoverished children alone
will be 16.5 million, a 33 percent increase over the 12.4
million children in poverty in 1987.
``(E) American Indian and Alaska Native students are keenly
at-risk of educational failure, with demonstrated high
dropout, illiteracy and poverty rates, and cultural,
linguistic, social and geographic isolation. The estimated
400,000 Indian and Alaska Native student population from over
500 Indian and Alaska Native tribes, is small and scattered
throughout remote reservations and villages in 32 States, and
in off-reservation rural and urban communities where Indians
constitute but a small percentage of public school student
bodies. To meaningfully address the special educational needs
of this historically under-served population, the existing
research and development system must be opened to Indian and
Alaska Native people to identify needs and design ways to
address such needs.
``(F) Minority scholars as well as institutions and groups
that have been historically committed to the improvement of
the education of at-risk students need to be more fully
mobilized in the effort to develop a new generation of
programs, models, practices, and schools capable of
responding to the urgent needs of students who are
educationally at-risk.
``(2) Purpose.--It shall be the purpose of the Institute
for the Education of At-Risk Students to carry out a
coordinated and comprehensive program of research and
development to provide nonpartisan, research-based leadership
to the Nation as it seeks to improve educational
opportunities for students who are at-risk for educational
failure, particularly children who reside in inner city and
rural areas, and on Indian reservations, and children of
limited English proficiency. Such program shall--
``(A) undertake research necessary to provide a sound basis
from which to identify, develop, evaluate, and assist others
to replicate and adapt interventions, programs, and models
which promote greater achievement and educational success by
at-risk students, such as--
``(i) methods of instruction and educational practices
(including community services) which improve the achievement
and retention of at-risk students;
``(ii) means by which parents and community resources and
institutions (including cultural institutions) can be
utilized to support and improve the achievement of at-risk
students;
``(iii) the training of teachers and other educational
professionals and paraprofessionals to work more effectively
with at-risk students;
``(iv) the most effective uses of technology in the
education of at-risk students;
``(v) programs designed to promote gender equity in schools
that serve at-risk students; and
``(vi) methods of assessing the achievement of students
which are sensitive to cultural differences, provide multiple
methods of assessing student learning, support student
acquisition of higher order capabilities, and enable
identification of the effects of inequalities in the
resources available to support the learning of children
throughout the Nation; and
``(B) maximize the participation of those schools and
institutions of higher education that serve the greatest
number of at-risk students in inner city and rural areas, and
on Indian reservations, including model collaborative
programs between schools and school systems, institutions of
higher education, cultural institutions, and community
organizations.
``(3) Comprehensive research program.--The Institute shall
support a diverse and comprehensive program of research and
development which shall include research related to the
educational needs of--
``(A) at-risk students who reside in urban areas;
``(B) at-risk students who reside in rural areas;
``(C) children with limited English language proficiency;
and
``(D) Indian and Alaska Native students.
``(4) Consultation with indian and alaska native
educators.--All research and development activities supported
by the Institute which relate to the education of Indian and
Alaska Native students shall be developed in close
consultation with Indian and Alaska Native researchers and
educators, tribally controlled community colleges, tribal
departments of education, and others with expertise in the
needs of Indian and Native Alaska students.
``(e) National Institute for Innovation in Educational
Governance, Finance, Policy-Making, and Management.--
``(1) Findings.--The Congress finds as follows:
``(A) Many elementary and secondary schools in the United
States--
``(i) are structured according to models that are
ineffective and rely on notions of management and governance
that may be outdated or insufficient for the challenges of
the next century; and
``(ii) are unsuccessful in equipping all students with the
knowledge and skills needed to succeed as citizens and in the
working world.
``(B) New approaches are needed in the governance and
management of elementary and secondary education with the
United States at the State, local, school building and
classroom level.
``(C) Not enough is known about the effects of various
systems of school governance and management on student
achievement to provide sound guidance to policymakers as they
pursue school restructuring and reform.
``(D) A concentrated Federal effort is needed to support
research, development, demonstration, and evaluation of
approaches to school governance, finance and management which
promise to improve education equity and excellence throughout
the Nation.
``(2) Purpose.--It shall be the purpose of the National
Institute on Innovation in Educational Governance, Finance,
Policy-Making, and Management to carry out a coordinated and
comprehensive program of research and development to provide
nonpartisan, research-based leadership to the Nation as it
seeks to improve student achievement through school
restructuring and reform. Such program shall--
``(A) undertake research necessary to provide a sound basis
from which to identify, develop and evaluate approaches in
governance, finance, policy-making, and management at the
State, local, tribal, school building and classroom level
which promise to improve educational equity and excellence,
such as--
``(i) open enrollment programs, magnet schools and other
systems through which parents may select the public schools
and educational programs in which their children are
enrolled;
``(ii) innovative school design, including lengthening the
school day and the school year, reducing class size and
building professional development into the weekly school
schedule;
``(iii) effective approaches to organizing learning;
``(iv) effective ways of grouping students for learning so
that a student is not labeled or stigmatized in ways that may
impede such student's achievement;
``(v) effective approaches to organizing, structuring, and
financing vocational education;
``(vi) the provision of financial and other rewards and
incentives based on performance to improve student
achievement;
``(vii) the use of regulatory flexibility on the State or
district level to promote innovation and school
restructuring;
``(viii) school-based management;
``(ix) the restructuring of school finance systems at the
State and local level to promote greater equity in the
distribution of resources for education and to maximize the
allocation of such resources to support direct learning;
``(x) expanding the role of teachers in policymaking and
administration at the school and district-wide level;
``(xi) programs designed to increase the involvement of
parents and families in the management and governance of
schools and the education of their children;
``(xii) effective approaches to increasing the
representation of women and minorities among leadership and
management positions in education;
``(xiii) approaches to systemic reforms involving the
coordination of multiple policies of each level of government
to promote higher levels of student achievement;
``(xiv) approaches to coordinated services for children;
and
``(xv) policies related to school to work transitions and
preparing noncollege-bound students; and
``(B) undertake research and development activities
necessary to provide information on the skills required for
successful educational leadership at the State, tribal, and
local level and to enhance the ability of school leaders and
administrators to improve the educational environment for all
students.
``(3) Research on educational choice.--In carrying out the
duties of the Institute, the Assistant Secretary shall
conduct or support research on whether and to what extent the
quality of education in the United States would be improved
by providing public funds to parents for the costs of
attendance of their children at the elementary and secondary
schools of the parents' choice.
``(f) National Institute for Early Childhood Development
and Education.--
``(1) Findings.--The Congress finds as follows:
``(A) The Nation has set as a goal that all children should
arrive at school ready to learn.
``(B) Despite efforts to expand and improve preschool
programs, many children still reach school age unprepared to
benefit from formal education programs.
``(C) Early intervention for disadvantaged children from
conception to age five has been shown to be a highly cost-
effective strategy for reducing later expenditures on a wide
variety of health, developmental, and educational problems
that often interfere with learning. Long-term studies of the
benefits of preschool education have a demonstrated return on
investment ranging from three to six dollars for every one
dollar spent.
``(D) The Federal government should play a central role in
providing research-based information on early childhood
education models which enhance children's development and
ultimately their success in school.
``(2) Purpose.--The purpose of the National Institute for
Early Childhood Development and Education is to carry out a
comprehensive program of research and development to provide
nonpartisan, research-based leadership to the Nation as it
seeks to improve early childhood development and education.
Such program shall identify, develop, evaluate, and assist
others to replicate sound policies and practices that may
include--
``(A) social and educational development of all infants,
toddlers, and preschool children;
``(B) the role of parents and the community in promoting
the successful social and educational development of children
from birth to age five;
``(C) training and preparation of teachers and other
professional and paraprofessional preschool and child care
workers;
``(D) the structure and environment of early childhood
education and child care settings which lead to improved
social and educational development;
``(E) practices and approaches which sustain the benefits
of effective preschool and child care programs;
``(F) effective learning methods and curriculum for early
childhood learning, including access to current materials in
libraries;
``(G) the importance of family literacy and parental
involvement in student learning;
``(H) the impact that outside influences have on learning,
including television, and drug and alcohol abuse; and
``(I) methods for integrating learning in settings other
than the classroom, such as within families and communities,
with a special emphasis on character development and the
value of hard work.
``(3) Certain requirements.--In carrying out the activities
of the Institute, the Assistant Secretary shall--
``(A) place special emphasis on the special early childhood
education needs of at-risk children, children with
disabilities, and girls; and
``(B) ensure that its research and development program
provides information that can be utilized in improving the
major Federal early childhood education programs, including
Head Start, Even Start, chapter 1 preschool programs, and
part H of the Individuals with Disabilities Education Act,
and Bureau of Indian Affairs early childhood development
programs.
``(g) National Institute on Student Achievement.--
``(1) Findings.--The Congress finds as follows:
``(A) The current achievement levels of students in the
Nation are far below those that might indicate competency in
challenging subject matter in English, mathematics, science,
history, and geography and other areas, or across the subject
areas.
``(B) Very few students demonstrate that they can use their
minds well. In recent assessments, more students are gaining
basic skills, yet fewer are demonstrating a grasp of higher-
level applications of those skills.
``(C) During the past 20 years, relatively little has
changed in how students are taught. Despite much research
suggesting better alternatives, classrooms are still
dominated by textbooks, teacher lectures, and short-answer
activity sheets and unequal patterns of student attention.
``(D) Despite progress in narrowing the gaps, the
differences in performance between white students and their
minority counterparts remain unacceptably large. While
progress has been made in reducing the gender gap in
mathematics, it still remains at higher levels of problem
solving. Too little progress has been made in reducing gender
performance gaps favoring males in science and females in
writing.
``(2) Purpose.--The purpose of the National Institute on
Student Achievement is to carry out a coordinated and
comprehensive program of research and development to provide
research-based leadership to the Nation as it seeks to
improve student achievement in English, mathematics, science,
history, geography, and other subject areas and across the
boundaries of the subject areas. Such program shall--
``(A) identify, develop, and evaluate innovative and
exemplary methods to improve student knowledge at all levels
in English, mathematics, science, history, geography, civics
and government, foreign languages, arts and humanities,
economics, and other subject areas, such as--
``(i) student learning and assessment in various subject
matters;
``(ii) the effects of organizational patterns on the
delivery of instruction, including issues of grouping and
tracking, ungraded classrooms, and on the effects of various
pedagogies, including the issues of technology in education;
``(iii) the best methods of teacher preparation;
``(iv) methods to improve the process of reading, the craft
of writing, the growth of reasoning skills, and the
development of information-finding skills;
``(v) enabling students to develop higher order thinking
skills;
``(vi) methods to teach effectively all students in mixed-
ability classrooms;
``(vii) curriculum, instruction, and assessment, in
vocational education;
``(viii) the impact and effectiveness of Federal, State,
and local efforts to provide gender-fair educational
opportunities to elementary and secondary students; and
``(ix) programs, policies, approaches which promote gender
equity in elementary and secondary education;
``(B) conduct basic and applied research in the areas of
human learning, cognition, and performance, including
research and development on the education contexts which
promote excellence in learning and instruction, and
motivational issues which provide a key to learning;
``(C) identify, develop, and evaluate programs designed to
enhance academic achievement and narrow racial and gender
performance gaps in a variety of subject areas, including
research and development on methods of involving parents in
their children's education and ways to involve business,
industry and other community partners in promoting excellence
in schools; and
``(D) include a comprehensive, coordinated program of
research and development in the area of assessment which--
``(i) addresses such issues as--
``(I) the validity, reliability, generalizability,
fairness, costs, relative merits, and most appropriate uses
of various approaches and methods of assessing student
learning and achievement;
``(II) methods and approaches to assessing student
opportunities to learn (including the quality of instruction
and the availability of resources necessary to support
learning) and evaluating the quality of school environment;
``(III) the design, development, evaluation, and validation
of model performance-based and other alternative or
innovative formats or uses of assessments;
``(IV) the impact of high-stakes uses of assessment on
student performance and motivation, narrowing of curriculum,
teaching practices, and test integrity;
``(V) the fairness and impact of various methods of
assessment on children of different races, ethnicities,
gender, socioeconomic status, English language proficiencies,
and children with other special needs;
``(VI) standards of performance, quality, and validity for
various methods of assessment and the means by which such
standards should be developed;
``(VII) current and emerging testing practices of State and
local education agencies within the United States, as well as
other nations;
``(VIII) the diverse effects, both intended and unintended,
of assessments as actually used in the schools, including
effects on curriculum and instruction, effects on equity in
the allocation of resources and opportunities, effects on
equity of outcomes, effects on other procedures and standards
for judging students and practitioners and possible inflation
of test scores;
``(IX) identifying and evaluating how students with limited
English language proficiency and students with disabilities
are included and accommodated in the various assessment
programs of State and local education agencies; and
``(X) the feasibility and validity of comparing or equating
the results of different assessments;
``(ii) reflects recommendations made by the National
Education Goals Panel (provided such panel has been
authorized by law);
``(iii) complies with the `Standards for Educational and
Psychological Tests' developed by the American Psychological
Association, the National Council on Measurement in
Education, and the American Educational Research Association;
``(iv) is consistent with the `Criteria for Evaluation of
Student Assessment Systems' developed by the National Forum
on Assessment; and
``(v) complies with the `Code of Fair Testing Practices in
Education' developed by the Joint Committee on Testing
Practices.
For purposes of this subparagraph, the term `development'
means the development of prototypes for the purposes of
research and evaluation.
``(h) National Institute for Postsecondary Education,
Libraries, and Lifelong Learning.--
``(1) Findings.--The Congress finds as follows:
``(A) The American system of postsecondary education is
foremost in the world in its achievement of both academic
excellence and equity in access, but maintaining that
preeminence requires renewed efforts to strengthen the
quality of postsecondary education. Disappointing student
performance on achievement tests and licensure examinations,
declining rates of persistence and completion among
minorities, and other troubling trends in the quality of
postsecondary education must be addressed by the Nation as
part of its overall drive to improve American education.
``(B) The need to improve our Nation's economic
productivity to meet the competitive challenges of a new,
international economy, coupled with high levels of mobility
in the United States labor market and demographic changes in
the workforce, now demands more and higher quality programs
of learning and training in the American workplace.
``(C) The more than 1,000,000 men and women incarcerated in
the Nation's prisons and jails are among the most severely
educationally disadvantaged in the United States, with high
rates of functional illiteracy and extremely low levels of
educational attainment. Since an estimated 90 percent of
these individuals are expected to be released by the end of
the decade, the Nation must act to assure that our
correctional system has the means to equip these Americans
with the knowledge and skills they will need to participate
productively in our society.
``(D) The development of a `Nation of Students' capable of
and committed to the pursuit of formal and informal lifelong
learning is essential to sustain both national and individual
economic success and to provide a nurturing environment in
which all children and youth can learn and achieve.
Historically the most effective community resource for
lifelong learning, the Nation's public library system must
expand and restructure its delivery of services to take full
advantage of the potential of new information technologies to
meet the needs of learning communities.
``(2) Purpose.--The purpose of the National Institute for
Postsecondary Education, Libraries, and Lifelong Learning is
to promote greater coordination of Federal research and
development on issues related to adult learning and to carry
out a program of research and development in adult learning
to provide nonpartisan, research-based leadership to the
Nation as it seeks to improve libraries, postsecondary
education, and lifelong learning throughout the United
States. Such program--
``(A) shall promote greater coordination, cooperation, and
interaction among entities within the Federal Government
which support research and development related to
postsecondary education, libraries, and lifelong learning;
``(B) shall enable greater collaboration among entities
within the Federal Government which support research and
development related to postsecondary education, libraries,
and lifelong learning by supporting research and development
projects which are carried out jointly by such entities;
``(C) shall support research and development in those areas
of postsecondary education, libraries, and lifelong learning
which are not being addressed sufficiently by other entities
within the Federal Government;
``(D) may include basic and applied research, development,
replication, and evaluation activities in such areas as--
``(i) methods of assessing and evaluating individual,
program, and institutional performance;
``(ii) the uses and applications of new technologies to
improve program effectiveness and enhance student learning;
``(iii) practices, policies, and programs which address the
unique needs of adult learners, including--
``(I) institutional and classroom policies and practices at
the postsecondary level necessary to improve matriculation,
persistence, achievement and graduation by students who are
economically disadvantaged, ethnic and racial minorities,
women, older, working, and who have children;
``(II) instructional practices and programs which are
effective in correctional settings;
``(III) new models of service delivery for public library
systems which expand opportunities for lifelong learning;
``(IV) effective programs and approaches which promote
greater access to and success by minorities in postsecondary
programs which prepare them for scientific, technical,
teaching, and health career fields;
``(V) effective approaches to work-based learning; and
``(VI) the most effective training methods for adults to
upgrade education and vocational skills;
``(iv) the effectiveness of Historically Black Colleges and
Universities, Tribally-Controlled Indian Community Colleges,
women's colleges, and other special mission institutions in
fulfilling their mission of providing access and equal
opportunity in higher education;
``(v) the quality of higher education at all levels and the
roles and responsibilities of regional and national
accrediting agencies in assuring the quality and relevance of
academic goals and objectives established by institutions of
higher education;
``(vi) approaches to improving the productivity of
colleges, community colleges, universities, and other
postsecondary institutions;
``(vii) financial barriers to postsecondary educational
opportunity, including--
``(I) the role of Federal programs authorized under title
IV of the Higher Education Act and State grant and work
programs in mitigating such barriers;
``(II) the impact of the rising total cost of postsecondary
education on access to higher education; and
``(III) the extent and impact of student reliance on loans
to meet the costs of higher education;
``(viii) opportunities for adults to continue their
education beyond higher education and graduate school, in the
context of lifelong learning and information-finding skills;
and
``(ix) preparing students for a lifetime of work, the
ability to adapt through retraining to the changing needs of
the work force and the ability to learn new tasks.
``(3) Involvement of certain agencies and organizations.--
In promoting coordination and collaboration on research and
development on issues related to postsecondary education,
libraries, and lifelong learning, the Institute shall, as
appropriate, seek the involvement of--
``(A) within the Department of Education--
``(i) the Office of Library Programs;
``(ii) the Office of Correctional Education;
``(iii) the Office of Vocational and Adult Education;
``(iv) the National Institute on Disability and
Rehabilitation Research; and
``(v) the Office of Postsecondary Education;
``(B) the National Institute for Literacy;
``(C) the National Board for Professional Teaching
Standards;
``(D) the Employment and Training Administration of the
Department of Labor;
``(E) the Administration for Children and Families within
the Department of Health and Human Services;
``(F) the National Institutes of Health;
``(G) the National Endowment for Humanities;
``(H) the National Endowment for the Arts;
``(I) the Bureau of Prisons of the Department of Justice;
``(J) the Department of Commerce;
``(K) the Department of Defense; and
``(L) the Office of Indian Education Programs of the
Department of the Interior.
``(4) In addition to the responsibilities described in
paragraph (2), the Assistant Secretary shall ensure that the
activities of the existing National Center on Literacy are
fully coordinated with those of the National Institute for
Literacy.
``(i) Coordination of Research on Cross-Cutting Issues.--
The Assistant Secretary shall promote the coordination of
research and development activities among the Institutes
established by subsection (a) to investigate those cross-
cutting disciplines and areas of inquiry, such as assessment,
the use of technology and the training of teachers and school
administrators, which are relevant to the missions of more
than one of the Institutes. Such activities shall--
``(1) address cross-cutting disciplines and areas of
inquiry which have been proposed by the Assistant Secretary
and are consistent with the research priorities identified by
the Board;
``(2) be carried out jointly (1) by any one of the
Institutes and--
``(A) one (or more) of the Institutes;
``(B) the National Center for Education Statistics; or
``(C) any research and development entity administered by
other offices of the Department of Education or by any other
Federal agency or Department; and
``(3) meet all the standards set by the Assistant Secretary
and the Board for other research and development conducted by
the Office.
``(j) Program on Teaching and Teacher Education.--
``(1) In general.--The Assistant Secretary, in accordance
with the requirements of this subsection, shall undertake a
comprehensive, coordinated program of research in the area of
teaching, teacher education, and professional development.
``(2) Certain purposes of program.--In carrying out the
program established under paragraph (1), the Assistant
Secretary shall conduct, directly or through grants and
contracts, basic and applied research and analytical
activities to further knowledge about, make recommendations,
and improve--
``(A) the ability of classroom teachers and schools to
assist new and diverse populations of students in
successfully assimilating into the classroom environment;
``(B) the working conditions of teachers and other
educational practitioners, which may include such topics as--
``(i) teacher isolation;
``(ii) professional resources available to teachers;
``(iii) continuing educational and professional
opportunities available to teachers;
``(iv) physical facilities and equipment, such as office
space, telephone, computer access, and fax machines and
television cable access available to teachers in the work
environment;
``(v) opportunities for teachers to share information and
resources with other teachers and education professionals;
``(vi) opportunities for advanced learning experience; and
``(vii) the reduction of stress in the teaching profession;
``(C) institutional program renewal and instruction;
``(D) restructuring of State certification of teachers and
teacher education standards; and
``(E) assisting in the development of teacher certification
standards by Indian tribal departments of education.
``(3) Certain activities.--In carrying out the program
established under paragraph (1), the Assistant Secretary--
``(A) shall work with institutions of higher education
engaged in the preparation of teachers and professional
organizations of teacher educators and practitioners to
encourage institutional program renewal and restructuring;
``(B) may conduct, directly or through grants and contracts
research on--
``(i) effective and reflective teaching for the preparation
and continuing education of teachers;
``(ii) the use of computing and multi-made technology to
advance the understanding and abilities of teacher educators
and classroom teachers;
``(iii) the development and appraisal of curriculum and
curriculum materials for the initial and continuing education
of teachers and teacher educators; and
``(iv) strengthening the evaluation and dissemination of
information on programs for continuing professional education
and renewal of those who educate teachers for initial or
advanced licensure or certification; and
``(C) shall work with the national regional education
laboratories, the ERIC clearinghouses, national education
research library, and the National Center for Education
Statistics to maximize information available, to prevent
unnecessary duplication of efforts and resources, and to
ensure the results of the centers work are widely available.
``(k) Research on Educational Technology.--The Assistant
Secretary shall undertake a comprehensive, coordinated
program of research and development in the area of the uses
and applications of technology in education. Such program--
``(1) may support basic and applied research and
development, analysis, evaluation in the area of the uses and
applications of technology to education, including--
``(A) the capabilities of current and emerging technologies
and their possible uses in education;
``(B) the uses and applications of technology--
``(i) to improve instruction within all content areas in
the school curriculum;
``(ii) to educate more effectively at-risk students and
other students with special needs;
``(iii) to improve education in rural communities and other
remote areas;
``(iv) to improve the assessment of student learning and
achievement;
``(v) to deliver preservice and inservice training for
teachers, librarians, and school administrators; and
``(vi) to deliver and improve professional development and
continuing education programs;
``(C) the cost and educational effectiveness of
technologies used in education;
``(D) effective models and approaches for providing the
preservice and inservice training and technical assistance
necessary to enable teachers, librarians, and school
administrators, cultural organizations, and others to use
technology effectively in education;
``(E) the identification of barriers to greater use of
technologies in education and potential approaches to
eradicating or mitigating such barriers;
``(F) methods and approaches which can be utilized by
teachers, school administrators, and education policymakers,
and educational programs in cultural institutions to evaluate
the quality and most appropriate uses of software and other
technologies designed for use in education; and
``(G) approaches to organizing and managing schools and
classrooms to make the most effective use of technology in
education; and
``(2) shall be coordinated with related research and
development activities undertaken by the Office of Special
Education Programs, the National Science Foundation, the
Department of Defense, and other Federal agencies.
``(l) Transitional Provisions.--
``(1) Temporary reorganizations.--Upon the enactment of the
Educational Research, Development and Dissemination
Excellence Act, the Secretary shall reorganize the research
and development functions and activities of the Office into
administrative units the purposes of which shall be the same
as those for each of the national research institutes
established in subsection (a). Such administrative units
shall be responsible for planning and providing for the
establishment of such institutes and shall cease to exist on
the dates upon which each of the relevant institutes is
established. The provisions of subsection (c) (relating to
authorities and duties) shall apply to all activities
undertaken by each such administrative unit.
``(2) Dates for establishment of institutes.--The National
Institute for the Education of At-Risk Students, the National
Institute for Innovation in Educational Governance, Finance,
Policy-Making, and Management, the National Institute for
Early Childhood Development and Education, the National
Institute on Student Achievement, and the National Institute
on Postsecondary Education, Libraries, and Lifelong Learning
shall each be established effective October 1, 1994.''.
PART D--NATIONAL EDUCATION DISSEMINATION SYSTEM
SEC. 241. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT.
Part A of the General Education Provisions Act, as amended
by section 231 of this Act, is amended by inserting after
section 405B the following new section:
``national education dissemination system
``Sec. 405C. (a) In General.--
``(1) Findings.--The Congress finds as follows:
``(A) In order to improve the American educational system
for all students, achieve the national education goals, and
provide for greater educational equity, policymakers,
administrators, teachers, and parents must have ready access
to the best information and methods available as a result of
educational research and development.
``(B) The Office of Educational Research and Improvement
should have as one of its primary purposes the dissemination
of such information and methods in order to assist the
national education reform effort.
``(C) All current resources within the Office, the
Department, and other agencies that can help accomplish this
goal should be coordinated by the Assistant Secretary so as
to form a systematic process to accomplish these objectives.
``(D) Education research has the capacity to improve
teaching and learning in our Nation's schools, however,
teachers need training in the developmental skills necessary
to translate research into practice and to allow them to
become a cadre of knowledgeable practitioners and leaders in
educational improvement.
``(E) Adequate linkages between research and development
providers and practitioners are essential to ensuring that
research on effective practice is useful, disseminated and
supported with technical assistance to all educators, and
that all educators are partners in the research and
development process.
``(2) Purpose.--The purpose of this section is to--
``(A) create a national system of dissemination,
development, and educational improvement in order to create,
adapt, identify, validate, and disseminate to educators,
parents, and policymakers those educational programs that
have potential or have been shown to improve educational
opportunities for all students; and
``(B) empower and increase the capacity of teachers to
participate in the research and development process.
``(3) Definition of educational program.--For the purposes
of this section, the term `educational program' includes
educational policies, research findings, practices, and
products.
``(b) Establishment of Office.--
``(1) In general.--There is established within the Office
an Office of Reform Assistance and Dissemination (in this
section referred to as the `Dissemination Office') through
which the Secretary shall carry out all functions and
activities described in this section.
``(2) Certain duties.--The Dissemination Office shall--
``(A) identify educational programs that may merit being
designated as exemplary or promising educational programs;
``(B) based solely on the educational merits and promise of
such programs, select those to be designated as exemplary or
promising;
``(C) provide technical and financial assistance to
individuals and organizations in the process of developing
promising educational programs in the priority areas
identified in section 405(b)(3), but who might not, without
such assistance, be able to complete necessary development
and assessment activities;
``(D) nationally disseminate information regarding the
exemplary and promising programs to educators, parents, and
policymakers through a variety of means, including existing
Department activities, education associations and networks,
and communication technologies;
``(E) provide training and technical assistance regarding
the implementation and adoption of such exemplary and
promising programs by interested entities; and
``(F) carry out a program of research on models for
successful knowledge dissemination, and utilization, and
strategies for reaching education policymakers,
practitioners, and others interested in education.
``(3) Additional duties.--The Dissemination Office shall
carry out and contain the following functions and activities:
``(A) A process for the identification of educational
programs that work.
``(B) The educational resources information clearinghouses.
``(C) Dissemination through new technologies.
``(D) Smartline.
``(E) The regional educational laboratories.
``(F) Teacher Research Dissemination Network.
``(G) The Goals 2000 Community Partnerships Program.
``(H) The existing National Diffusion Network and its
Developer-Demonstrator and State Facilitator projects.
``(I) Such other programs or entities the Secretary
determines are consistent with the purposes for which the
Dissemination Office is established.
``(c) Identification of Programs.--
``(1) In general.--The Assistant Secretary shall establish
a process through which successful educational programs are
actively sought out for possible dissemination through the
national educational dissemination system. Such process
shall, at a minimum, have the capability to--
``(A) work closely with the research institutes, centers,
regional educational laboratories, the National Diffusion
Network and its Developer-Demonstrator and State Facilitator
projects, learning grant institutions established under the
Goals 2000 Community Partnerships Program, department-
supported technical assistance providers, and other entities
to identify successful educational programs at the regional,
State, local, or classroom level;
``(B) review successful educational programs supported by
the Department through all of its programs, including Chapter
1, Even Start, Drug-Free Schools and Communities Act of 1986,
the Individuals With Disabilities Education Act, Bilingual
Education, Indian Education, the Women's Educational Equity
Act, and Adult and Vocational Education;
``(C) through cooperative agreements, review for possible
inclusion in the system educational programs administered by
the Departments of Health and Human Services (particularly
the Head Start program), Labor and Defense, the National
Science Foundation, the Department of the Interior
(particularly the Office of Indian Education Programs), and
any other appropriate Federal agency; and
``(D) provide for an active outreach effort to identify
successful educational programs through cooperative
arrangements with State and local education agencies,
teachers and teacher organizations, curriculum associations,
foundations, private schools, institutions of higher
education, and other entities that could enhance the ability
of the Secretary to identify programs for possible inclusion
in the dissemination system.
``(2) Priority programs.--In carrying out this subsection,
the Secretary shall place a priority on identifying programs,
products, and practices related to the priority research and
development needs identified in section 405(b)(3).
``(d) Designation of Exemplary and Promising Programs.--
``(1) In general.--The Assistant Secretary, in consultation
with the Board, shall establish 1 or more panels of
appropriately qualified experts and practitioners to--
``(A) evaluate educational programs that have been
identified by the Secretary under subsection (c) or that have
been submitted to the Secretary for such evaluation by some
other individual or organization; and
``(B) recommend to the Secretary programs that should be
designated as exemplary or promising educational programs.
``(2) Considerations in making recommendations.--In
determining whether an educational program should receive a
recommendation under paragraph (1), a panel established under
such paragraph shall consider--
``(A) whether, based on empirical data, which may include
but shall not be limited to test results, the program is
effective and should thus be designated as exemplary and
disseminated through the national dissemination system; or
``(B) whether there is sufficient evidence to lead a panel
of experts and practitioners to believe that the program
shows promise for improving student achievement and should
thus be designated as promising and disseminated through the
national dissemination system while it continues to be
evaluated.
``(3) Requirement regarding approval of programs.--In
seeking out programs for approval under paragraph (2), the
Assistant Secretary shall seek programs that may be
implemented at the State, local, and classroom level.
``(4) Requirements regarding panels.--
``(A) A panel shall not eliminate a program from
consideration under this subsection based solely on the fact
that it does not have one specific type of supporting data,
such as test scores.
``(B) The Assistant Secretary may not designate a program
as exemplary or promising unless a panel established under
paragraph (1) has recommended that the program be so
designated.
``(C) The Secretary shall establish such panels under
paragraph (1) as may be necessary to ensure that each program
identified or submitted for evaluation is evaluated.
``(D) Not less than \2/3\ of the membership of a panel
established under paragraph (1) shall consist of individuals
who are not officers or employees of the United States.
Members of panels under paragraph (1) who are not employees
of the United States shall receive compensation for each day
engaged in carrying out the duties of the panel as well as
compensation for their expenses.
``(e) Dissemination of Exemplary and Promising Programs.--
``(1) In general.--In order to ensure that programs
identified as exemplary or promising are available for
adoption by the greatest number of teachers, schools, local
and State education agencies, and Bureau of Indian Affairs-
funded schools, the Assistant Secretary shall utilize the
capabilities of--
``(A) the education resources information clearinghouses;
``(B) Smartline;
``(C) the regional educational laboratories;
``(D) the National Diffusion Network;
``(E) entities established under the Goals 2000 Community
Partnerships Program;
``(F) department-supported technical assistance providers;
``(G) the National Library of Education; and
``(H) other public and private nonprofit entities,
including existing education associations and networks, that
have the capability to assist educators in adopting exemplary
and promising programs.
``(2) Requirements for assistant secretary.--In carrying
out paragraph (1), the Assistant Secretary shall ensure that
all such entities are--
``(A) kept apprised of the availability of specific
programs for dissemination;
``(B) provided technical assistance, if necessary, to carry
out this dissemination function; and
``(C) involved in the national education dissemination
system as specified by law.
``(f) Education Resources Information Clearinghouses.--
``(1) In general.--The Assistant Secretary shall establish
a system of 16 education resource information clearinghouses
having, at a minimum, the functions and scope of work as the
clearinghouses had on the date of the enactment of the
Educational Research, Development, and Dissemination
Excellence Act.
``(2) Additional functions.--In addition to those functions
already being carried out by the clearinghouses, such
clearinghouses may--
``(A) periodically produce interpretive summaries, digests,
and syntheses of the results and findings of education-
related research and development; and
``(B) contain and make available to users information
concerning those programs designated as exemplary and
promising under subsection (c).
``(3) Coordination of activities.--The Assistant Secretary
shall assure that the functions and activities of such
clearinghouses are coordinated with the activities of the
research institutes, the regional educational laboratories,
learning grant institutions, other clearinghouses supported
by the Department, the National Diffusion Network, and other
appropriate entities within the Office and the Department.
``(4) Special responsibilities of the secretary.--To assure
that the information provided through such clearinghouses is
fully comprehensive, the Secretary shall--
``(A) require that all reports, studies, and other
resources produced directly or by grant or contract with the
Department of Education are made available to clearinghouses;
``(B) establish cooperative agreements with the Departments
of Defense, Health and Human Services, Interior, and other
Federal agencies to assure that all education-related
reports, studies, and other resources produced directly or by
grant or contract with the Federal Government are made
available to such clearinghouses; and
``(C) devise an effective system for maximizing the
identification, synthesis, and dissemination of information
related to the needs of Indian and Alaska Native children.
``(5) Copyright prohibited.--
``(A) No clearinghouse or other entity receiving assistance
under this subsection may copyright or otherwise charge a
royalty or other fee that--
``(i) is for the use or redissemination of any database,
index, abstract, report, or other information produced with
assistance under this subsection; and
``(ii) exceeds the incremental cost of disseminating such
information.
``(B) For purposes of subparagraph (A), the incremental
cost of dissemination does not include any portion of the
cost of collecting, organizing, or processing the information
which is disseminated.
``(g) Dissemination Through New Technologies.--
``(1) In general.--The Assistant Secretary is authorized to
award grants or contracts in accordance with this subsection
to support the development of materials, programs, and
resources which utilize new technologies and techniques to
synthesize and disseminate research and development findings
and other information which can be used to support
educational improvement.
``(2) Sources of materials and research about teaching and
learning for improving nationwide education (smartline).--
``(A) Electronic network.--The Assistant Secretary, acting
through the Office of Reform Assistance and Dissemination,
shall establish and maintain an electronic network which
shall, at a minimum, link--
``(i) each office of the Department of Education;
``(ii) the research institutes established by section 405B;
``(iii) the National Center for Education Statistics;
``(iv) the National Library of Education; and
``(v) entities engaged in research, development,
dissemination, and technical assistance under grant,
contract, or cooperative agreement with the Department of
Education.
``(B) Certain requirements for network.--The network
described in subparagraph (A) shall--
``(i) to the extent feasible, build upon existing national,
regional, and State electronic networks and support video,
telecomputing, and interactive communications;
``(ii) at a minimum, have the capability to support
electronic mail and file transfer services;
``(iii) be linked to and accessible to other users,
including State and local education agencies, institutions of
higher education, museums, libraries, and others through the
Internet and the National Research and Education Network; and
``(iv) be provided at no cost (excluding the costs of
necessary hardware) to the contractors and grantees described
in clause (v) of subparagraph (A) and to educational
institutions accessing such network through the Internet and
the National Research and Education Network.
``(C) Information resources.--The Assistant Secretary,
acting through the Office of Reform Assistance and
Dissemination, may make available through the network
described in subparagraph (A)--
``(i) information about grant and contract assistance
available through the department;
``(ii) an annotated directory of current research and
development activities and projects being undertaken with the
assistance of the Department;
``(iii) information about publications published by the
Department and, to the extent feasible, the full text of such
publications;
``(iv) statistics and data published by the National Center
for Education Statistics;
``(v) syntheses of research and development findings;
``(vi) a directory of other education-related electronic
networks and databases, including information about the means
by which they may be accessed;
``(vii) a descriptive listing of materials and courses of
instruction provided by telecommunications partnerships
assisted under the Star Schools program;
``(viii) resources developed by the ERIC Clearinghouses;
``(ix) education-related software (including video) which
is in the public domain;
``(x) a listing of instructional materials available
through telecommunications to local education agencies
through the Public Broadcasting Service and State educational
television networks; and
``(xi) such other information and resources the Assistant
Secretary considers useful and appropriate.
``(D) Evaluations regarding other functions of network.--
The Assistant Secretary shall also undertake projects to test
and evaluate the feasibility of using the network described
in subparagraph (A) for--
``(i) the submission of applications for assistance to the
Department; and
``(ii) the collection of data and other statistics through
the National Center for Education Statistics.
``(E) Training and technical assistance.--The Assistant
Secretary, acting through the Office of Reform Assistance and
Dissemination, shall--
``(i) provide such training and technical assistance as may
be necessary to enable the contractors and grantees described
in clause (v) of subparagraph (A) to participate in the
electronic network described in such subparagraph; and
``(ii) work with the National Science Foundation to
provide, upon request, assistance to State and local
education agencies, the Department of the Interior's Office
of Indian Education Programs, tribal departments of
education, State library agencies, libraries, museums, and
other educational institutions in obtaining access to the
Internet and the National Research and Education Network.
``(h) Regional Educational Laboratories.--
``(1) Regional educational laboratories.--The Assistant
Secretary shall enter into contracts with public or private
nonprofit entities to establish a networked system of 10
regional educational laboratories which serve the needs of
each region of the Nation in accordance with the provisions
of this subsection. For the purposes of this subsection, the
term `region' means 1 of the 10 geographic regions set forth
in section 2(a) of part 707 of title 34, Code of Federal
Regulations (34 CFR 707.2(a)), as published in number 157 of
volume 53 of the Federal Register on August 15, 1988.
``(2) Duties.--Each regional educational laboratory
receiving assistance under this subsection shall, with such
assistance, assist State education agencies, intermediate
education agencies, local school districts, and schools
funded by the Bureau of Indian Affairs in implementing broad-
based, systemic school improvement strategies through the use
of applied research and development activities. The regional
educational laboratories shall support such system-wide
reform efforts through--
``(A) the development of a plan for identifying needs and
for serving the needs of the region by conducting a
continuing survey of the educational needs, strengths and
weaknesses within the region, including a process of open
hearings to solicit the views of schools, teachers,
administrators, parents, local educational agencies,
librarians, and State educational agencies within the region;
``(B) the dissemination of information about programs
designated as exemplary and promising under subsection (c)
and other appropriate programs and practices;
``(C) the provision of support and technical assistance
in--
``(i) replicating and adapting such exemplary and promising
practices;
``(ii) the development of high-quality, challenging
curriculum frameworks;
``(iii) the development of valid, reliable, fair systems of
assessment which are based upon State, local, or Bureau of
Indian Affairs-funded school curriculum frameworks and
reflect recent advances in the field of educational
assessment;
``(iv) the improvement of professional development
strategies to assure that all teachers are prepared to teach
a challenging curriculum;
``(v) expanding and improving the use of technology in
education to improve teaching and learning;
``(vi) the development of alternatives for restructuring
school finance systems to promote greater equity in the
distribution of resources; and
``(vii) the development of alternative administrative
structures which are more conducive to planning,
implementing, and sustaining school reform and improved
educational outcomes;
``(D) the development of educational programs and practices
that address State, regional, or Indian tribal needs in
relating to their school reform efforts;
``(E) facilitating communication between educational
experts, school officials, and teachers, parents, and
librarians, to enable such individuals to assist schools to
develop a plan to meet the national education goals;
``(F) bringing teams of experts together to develop and
implement school improvement plans and strategies;
``(G) the provision of training in--
``(i) the field of education research and related areas;
``(ii) the use of new educational methods; and
``(iii) the use of information-finding methods, practices,
techniques, and products developed in connection with such
training for which the regional educational laboratory shall
be authorized to support internships and fellowships and to
provide stipends; and
``(H) the provision of support and technical assistance
(upon their request) to State facilitators funded through the
National Diffusion Network.
``(3) Networking.--In order to improve the efficiency and
effectiveness of the regional laboratories, the governing
boards of the ten regional laboratories shall establish and
maintain a network to--
``(A) share information about the activities each is
carrying out;
``(B) plan joint activities that would meet the needs of
multiple regions;
``(C) create a strategic plan for the development of
activities undertaken by the laboratories to reduce
redundancy and increase collaboration and resource-sharing in
such activities; and
``(D) otherwise devise means by which the work of the
individual laboratories could serve national, as well as
regional, needs.
``(4) Additional duties.--Each regional education
laboratory receiving assistance under this subsection shall
carry out the following activities:
``(A) Collaborate with the Institutes established under
section 405B in order to--
``(i) maximize the use of research conducted through the
Institutes in the work of such laboratory;
``(ii) keep the Institutes apprised of the work of the
regional educational laboratories in the field; and
``(iii) inform the Institutes about additional research
needs identified in the field.
``(B) Consult with the State educational agencies and
library agencies in the region in developing the plan for
serving the region.
``(C) Develop strategies to utilize schools as critical
components in reforming education and revitalizing rural
communities in the United States.
``(D) Report and disseminate information on overcoming the
obstacles faced by rural educators and rural schools.
``(E) Identify successful educational programs that have
either been developed by such laboratory in carrying out its
functions or that have been developed or used by others
within the region served by the laboratory and make such
information available to the Secretary and the network of
regional laboratories so that they may be considered for
inclusion in the national education development and
dissemination system.
``(5) Certain requirements.--In carrying out its
responsibilities, each regional educational laboratory
shall--
``(A) establish a governing board that--
``(i) is the sole entity that--
``(I) guides and directs the laboratory in carrying out the
provisions of this subsection and satisfying the terms and
conditions of the contract award; and
``(II) determines the regional agenda of the laboratory,
consistent with the priority research and development needs
identified in section 405(b)(3); and
``(ii) reflects a balanced representation of the States in
the region, as well as the interests and concerns of regional
constituencies;
``(B) comply with the standards established by the
Assistant Secretary and the Board under section 405A;
``(C) coordinate its activities, collaborate, and regularly
exchange information with the institutes established under
section 405C, the National Diffusion Network, and its
Developer Demonstrator and State Facilitator projects,
learning grant institutions and district education agents
assisted under subsection (i), the ERIC Clearinghouses, and
other entities engages in technical assistance and
dissemination activities which are supported by other Offices
of the Department of Education; and
``(D) allocate its resources to and within each State in a
manner which reflects the need for assistance, taking into
account such factors as the proportion of economically
disadvantaged students, the increased cost burden of service
delivery in areas of sparse populations, and any special
initiatives being undertaken by State, intermediate, local
education agencies, or Bureau of Indian Affairs-funded
schools which may require special assistance from the
laboratory.
``(6) Evaluations.--The Assistant Secretary shall provide
for periodic, independent evaluations of each of the
laboratories in carrying out the duties described in
paragraph (1) in accordance with the standards developed by
the Assistant Secretary and the Board and transmit the
results of such evaluations to the relevant committees of the
Congress, the Board, and the appropriate regional educational
laboratory board.
``(7) Invitation regarding competition for awards of
assistance.--Prior to awarding a grant or entering into a
contract under this section, the Secretary shall invite
applicants, including the existing regional educational
laboratories, to compete for such award through notice in the
Federal Register and in the publication of the Department of
Commerce known as the Commerce Business Daily.
``(8) Application for assistance.--Each application for
assistance under this subsection shall--
``(A) cover not less than a 5-year period;
``(B) describe how the applicant would carry out the
activities required by this subsection; and
``(C) contain such additional information as the Secretary
may reasonably require.
``(9) Rule of construction.--No regional educational
laboratory receiving assistance under this subsection shall,
by reason of the receipt of that assistance, be ineligible to
receive any other assistance from the Department as
authorized by law.
``(10) Advance payment system.--Each regional educational
laboratory shall participate in the advance payment system at
the Department of Education.
``(i) Goals 2000 Community Partnerships Program.--
``(1) Purpose.--The purpose of the Goals 2000 Community
Partnerships program is to improve the quality of learning
and teaching in the Nation's most impoverished urban and
rural communities by supporting sustained collaborations
between universities, schools, businesses, and communities
which apply and utilize the results of educational research
and development.
``(2) Grants for goals 2000 community partnerships.--The
Assistant Secretary is authorized to make grants to eligible
entities to support the establishment of Learning Grant
Institutions and District Education Agents and the activities
authorized under this subsection within eligible communities.
``(3) Definition of eligible entity and eligible
community.--For the purposes of this subsection:
``(A) The term `eligible entity' includes any institution
of higher education, regional education laboratory, National
Diffusion Network project, national research and development
center, public or private nonprofit corporation, or any
consortium thereof that--
``(i) has demonstrated experience, expertise and commitment
in serving the educational needs of at-risk students; and
``(ii) is, by virtue of its previous activities,
knowledgeable about the unique needs and characteristics of
the community to be served.
``(B) The term `eligible community' means a unit of general
purpose local government (such as a city, township, or
village), a nonmetropolitan county, tribal village, or a
geographically distinct area (such as a school district,
school attendance area, ward, precinct or neighborhood), or
any group of such entities that--
``(i) has a population of not less than 200,000 and not
more than 300,000; and
``(ii) in which not less than one-half of the school-age
children have family incomes which are below the poverty
line, as determined by the 1990 United States Census,
participation in the National School Lunch program, or other
current, reliable data concerning family income.
``(4) Goals 2000 community partnerships.--Each learning
grant institution receiving assistance under this subsection
shall establish a Goals 2000 community partnership to carry
out the activities authorized under this subsection. Such
partnership--
``(A) shall include the participation of one or more local
educational agencies, institutions of higher education,
community-based organizations, parents, teachers, and the
business community;
``(B) may include the participation of human, social
service and health care agencies, Head Start and child care
agencies, libraries, museums, employment and training
agencies, and the State educational agency or tribal
department of education; and
``(C) shall be broadly representative of all segments of
the community in which the activities will be carried out.
``(5) Comprehensive goals 2000 plan.--Each Goals 2000
Community Partnership shall develop a comprehensive plan for
assuring educational success and high achievement for all
students in the community. Each such plan shall--
``(A) adopt the 6 national educational goals;
``(B) identify additional needs and goals for educational
improvement within the community;
``(C) focus on helping all students reach challenging
content and student performance standards;
``(D) be consistent with the State and local plan for
system-wide education improvement developed pursuant to the
Goals 2000: Educate America Act;
``(E) establish a comprehensive community-wide plan for
achieving such goals; and
``(F) develop a means for measuring the progress of the
community in meeting such goals for improvement.
``(6) Implementation of community-wide plan.--Each Goals
2000 Community Partnership shall, utilizing the District
Education Agent, provide assistance in implementing the
community-wide plan for educational improvement by--
``(A) supporting innovation, restructuring, and continuous
improvement in educational practice by--
``(i) disseminating information throughout the community
about exemplary and promising educational programs,
practices, products, and policies;
``(ii) evaluating the effectiveness of federally funded
educational programs within the community and identifying
changes in such programs which are likely to improve student
achievement;
``(iii) identifying, selecting and replicating exemplary
and promising educational programs, practices, products, and
policies in both in and out-of-school settings;
``(iv) applying educational research to solve specific
problems in the classroom, home and community which impede
learning and student achievement; and
``(v) supporting research and development by teachers,
school administrators, and other practitioners which promise
to improve teaching and learning and the organization of
schools;
``(B) improving the capacity of educators, school
administrators, child care providers and other practitioners
to prepare all students to reach challenging standards and to
attain the goals set out in the comprehensive community-wide
plan through such means as--
``(i) the training of prospective and novice teachers
(including preschool and early childhood educators) in a
school setting under the guidance of master teachers and
teacher educators;
``(ii) training and other activities to promote the
continued learning and professional development of
experienced teachers, related services personnel, school
administrators to assure that they develop the subject matter
and pedagogical expertise needed to prepare all students to
reach challenging standards;
``(iii) training and other activities to increase the
ability of prospective, novice, and experienced teachers to
teach effectivenly at-risk students, students with
disabilities, students with limited English language
proficiency, and students from diverse cultural backgrounds;
and
``(iv) programs to enhance teaching and classroom
management skills, including school-based management skills,
of novice, prospective, and experienced teachers;
``(C) promoting the development of an integrated system of
service delivery to children from birth through age 18 and
their families by facilitating linkages and cooperation
among--
``(i) local education agencies;
``(ii) health and social services agencies and providers;
``(iii) juvenile justice and criminal justice agencies;
``(iv) providers of employment training; and
``(v) child care, Head Start, and other early childhood
agencies; and
``(D) mobilizing the resources of the community in support
of student learning and high achievement by facilitating
effective partnerships and collaboration among--
``(i) local education agencies;
``(ii) postsecondary educational institutions;
``(iii) public libraries;
``(iv) parents;
``(v) community-based organizations, neighborhood
associations, and other civic and community organizations;
``(vi) child care, Head Start, and other early childhood
agencies;
``(vii) churches, synagogues and other religious
institutions;
``(viii) labor organizations; and
``(ix) business and industry.
``(7) Additional requirements.--In carrying out its
responsibilities under this subsection, each partnership
receiving assistance under this subsection shall--
``(A) appoint a District Education Agent who shall be
responsible, on a full-time basis, for directing the
implementation of the community-wide plan. Such individual
shall have significant experience and expertise in the field
of education in--
``(i) addressing the needs of at-risk students; and
``(ii) conducting educational research and promoting the
application of the results of such research to educational
practice;
``(B) provide for such other professional and support
personnel as may be necessary to implement the community-wide
plan under the direction of the District Education Agent; and
``(C) coordinate its activities and work cooperatively with
the National Diffusion Network State facilitators, regional
laboratories, and other components of the Office to utilize
most effectively Federal research, development, and
dissemination resources in implementing the community-wide
plan.
``(8) Application for grants.--Any eligible entity desiring
a grant under this subsection shall submit an application to
the Assistant Secretary at such time, in such manner, and
accompanied by such information as the Assistant Secretary
may reasonably require. Each such application shall--
``(A) include a comprehensive plan for meeting the
objectives and requirements of this subsection; and
``(B) provide evidence of support for the application from
local elected officials, the State education agency, the
local education agency, parents, local community leaders,
businesses, and other appropriate organizations.
``(9) Priority in making grants; duration and amount of
grant.--Each grant made under this subsection shall be--
``(A) awarded on a competitive basis, with first priority
given to those applications from communities with the
greatest percentage of school-age children in families with
poverty-level incomes;
``(B) made for a 5-year period, with funding for the second
and each successive year in this period conditioned upon a
determination by the Assistant Secretary that the grant
recipient has complied with the conditions of the grants
during the previous year; and
``(C) an amount equal to not less than $1,000,000 per year.
``(10) Limitation of one grant per congressional
district.--Not more than one grant shall be awarded within a
single congressional district.
``(11) Technical assistance; evaluations.--In administering
the program authorized under this subsection, the Assistant
Secretary shall, either directly or through grant or contract
with an eligible nonprofit agency--
``(A) upon request, provide technical assistance to
eligible entities to assist in the development of a
comprehensive plan to meet the requirements of this
subsection and in the preparation of applications for
assistance;
``(B) regularly provide technical assistance to learning
grant institutions receiving assistance under this subsection
to assist with the development and implementation of the
community-wide plan for educational improvement;
``(C) provide for an independent evaluation of the
activities assisted under this subsection, including--
``(i) the impact of the Goals 2000 Community Partnerships
program on children and families within each community,
including (but not limited to) effects on the extent of
educational achievement, rates of school retention and
completion, and enrollment in program postsecondary
educational programs; and
``(ii) whether an intensified effort to apply and utilize
educational research within a limited geographic area
significantly improves student learning and achievement; and
``(D) plan for the expansion of the Goals 2000 Community
Partnerships program throughout the remainder of the Nation
beginning in fiscal year 1998.
``(j) Teacher Research Dissemination Network.--
``(1) Findings.--The Congress finds that--
``(A) education research, including research funded by the
Office, is not having the impact on the Nation's schools that
such research should;
``(B) relevant education research and resulting solutions
are not being adequately disseminated to the teachers that
need such research and solutions;
``(C) there are not enough linkages between the research
and development centers assisted under this section, the
regional educational laboratories described in subsection
(k), the National Diffusion Network State facilitators, the
Education Resources Information Clearinghouses, and the
public schools, to ensure that research on effective practice
is disseminated and technical assistance provided to all
teachers;
``(D) the average teacher has almost no time to plan or
engage in a professional dialogue with such teacher's peers
about strategies for improving learning;
``(E) teachers do not have direct access to information
systems or networks;
``(F) teachers have little control over what in-service
education teachers will be offered; and
``(G) individual teachers are not encouraged to move beyond
the walls of their classrooms to identify and use outside
resources.
``(2) Program authorized.--
``(A) The Assistant Secretary shall enter into contracts
with regional educational laboratories, in partnership with 1
or more institutions of higher education in each State of its
region, the National Diffusion Network, and other entities
with demonstrated experience, expertise, and commitment in
the areas of teacher research or teacher professional
development, such as the national research and development
centers, professional teacher organizations, and other
qualified organizations and associations, in the region to
carry out activities described in paragraph (3).
``(B) The Assistant Secretary shall enter into contracts
under this subsection in an equitable manner and shall
provide assistance on the basis of the number of schools,
teachers, and students in each regional educational
laboratory region with attention given to populations with
special needs and the increased cost burden of service
delivery in regions of sparse population.
``(C) Contracts under this subsection shall be awarded for
a period of not less than 3 years.
``(3) Program activities.--
``(A) Each regional partnership described in paragraph
(2)(A) entering into a contract under this subsection shall
carry out programs of providing training to teachers relevant
to the needs and problems of the schools and school districts
where teachers, who participate in the programs, serve. The
purpose of such programs shall be to--
``(i) educate teachers on how to acquire information about
education research findings and best practices;
``(ii) provide teachers with current education research and
development theory, skills, and practice as shall enable them
to modify, design, develop, and adapt such findings and
practices to effect local district and classroom outcomes
that improve education;
``(iii) enable teachers to become actively involved in the
applied research and development process;
``(iv) provide teachers the ability to become leaders in
the utilization of applied research and to become active
participants in the Federal research and development
partnership;
``(v) enhance the ability of teachers to evaluate and
choose effective education programs and curricula; and
``(vi) facilitate collaboration between the teacher change
agent and the National Diffusion Network State facilitator.
``(B) Teachers that participate in training assisted under
this subsection shall be known as `teacher change agents'.
``(C) The program described in subparagraph (A) shall
provide teacher change agents with training during the summer
and at such other times as agreed to by the district, which
shall--
``(i) give teacher change agents knowledge and guidance in
using the existing educational improvement services and
resources funded by the United States Department of Education
and other major research organizations, including the
products and work of the regional educational laboratories,
professional teacher organizations, the National Diffusion
Network, institutions of higher education, the Educational
Research Information Centers, National Research Centers,
National Research Institutes, State Departments of Education,
local education agencies, and other nonprofit organizations
participating in the improvement of education;
``(ii) provide teacher change agents with indepth knowledge
about a number of products, programs, and processes developed
by entities described in clause (i) that the teacher change
agents judge most relevant to the needs of the district or
districts they will serve;
``(iii) inform teacher change agents about government
programs, including, but not limited to, programs in
government agencies other than the Department of Education,
which offer research opportunities, fellowships, and funding;
and
``(iv) provide teacher change agents with instruction in
technical assistance skills in order to increase their
capacity to aid district and school site teacher teams
responsible for leading school improvement activities at the
district and school site level.
``(D) The school year activities described in subparagraph
(A) shall provide teacher change agents participating in such
program during the school year with--
``(i) opportunities to meet with other teacher change
agents to exchange experiences;
``(ii) additional training or assistance as needed or
requested;
``(iii) updates in education research, application, and
findings; and
``(iv) opportunities to provide feedback into the
educational research infrastructure regarding needed research
and ways to improve the development and dissemination of
information.
``(E) The regional partnership program may support
educational improvement and reform activities such as--
``(i) training in applied research methodologies;
``(ii) assistance in conducting applied research;
``(iii) teacher research sabbaticals;
``(iv) video conferencing for additional training in order
to reduce travel time and expenses;
``(v) training in developing and implementing effective
teacher in-service training;
``(vi) training in change management, including strategies
for restructuring schools, building local capacity, and
generally strengthening the culture of schools so that
schools are conducive and supportive of change, including
training in interpersonal and leadership skills; and
``(vii) training in the appropriate use of technology to
assist classroom teachers.
``(F) Teacher responsibilities.--Teacher change agents
shall, during the school year--
``(i) meet with other teachers and district or school site
teacher teams to provide other teachers with knowledge about
how to acquire information regarding education research
findings and best practices, including what resources are
available from the Department of Education and how to obtain
products and technical services from the Department;
``(ii) meet with the National Diffusion Network State
Facilitator to coordinate and not duplicate efforts in the
dissemination of exemplary educational programs;
``(iii) help interested schools identify resources needed
to address the school's needs and act as liaison between the
school and the appropriate resource entities, such as
regional educational laboratories, centers, national
institutes, institutions of higher education, professional
teacher organizations, scholars, consultants, and other
schools and school districts that may be of assistance;
``(iv) teach other teachers how to use the products,
programs, and processes in which the teacher was trained
pursuant to paragraph (2)(C)(II);
``(v) work with other teachers and teacher teams to adapt
identified exemplary practices, programs, and research
results to implement school site or classroom improvements as
desired, and provide follow-up activities throughout a 2-year
period to ensure the successful adaptation and implementation
of such programs in local schools; and
``(vi) inform teachers about how they can obtain Federal
research funding, fellowships, and sabbaticals.
``(G) Application.--
``(i) In general.--Each regional partnership desiring a
contract under this subsection shall submit to the Secretary
an application at such time, in such manner, and accompanied
by such information as the Assistant Secretary may reasonably
require.
``(ii) Contents.--Each application described in clause (i)
shall--
``(I) contain a plan acceptable to affected States and
local education agencies for conducting the program to be
assisted under this section;
``(II) contain assurances that the partnership requirements
are fulfilled;
``(III) contain assurances that both district and school
site teacher teams will be established to work in conjunction
with the teacher change agent;
``(IV) contain a plan for the selection of district and
school site teacher team participants and others as deemed
appropriate by the teacher change agent and the regional
partnership;
``(V) contain assurances that the regional partnership, in
conjunction with the participating school districts, shall
provide each teacher change agent with a stipend for the
entire calendar year commensurate with such teacher's salary
and travel expenses, to permit a teacher to participate in
such program without incurring loss of income;
``(VI) contain assurances that each teacher change agent
participating in the program shall receive an award of not
more than $10,000 to be used by such teacher during the
school year of such teacher's participation to purchase
materials, support, and coordinate with other teachers or
site teacher teams in the school district;
``(VII) contain assurances that such regional partnerships
shall provide not more than $5,000 to each school district or
group of school districts having an individual from such
district or districts participating in the program assisted
under this section for each of the 2 years following such
participation to enable such school district or districts to
continue efforts to improve dissemination of effective
practices and programs within the district or districts;
``(VIII) contain assurances that representatives of State
educational agencies, intermediate educational agencies,
teacher centers, teacher educators at institutions of higher
education, and school district in-service or curriculum
specialists will be eligible to participate in the program
assisted under this section if such individuals pay the cost
of their participation; and
``(IX) contain an assurance that such regional partnership
shall permit a teacher to participate in the program only
after such partnership determines that the teacher will be
afforded a full opportunity by the district to perform such
teacher's responsibilities described in paragraph (3)(F).
``(4) Teacher selection and eligibility.--
``(A) Nomination.--Teacher participants in the program
assisted under this subsection shall be nominated by their
peers at the school district level.
``(B) Eligibility.--Each school district or group of school
districts desiring to have teachers from such district or
districts participate in the program assisted under this
subsection shall provide the regional partnership with the
names of such teachers, and an indication of the type of
issues or problems on which each such teacher would like to
receive information and training.
``(C) Selection.--
``(i) Teacher participants shall be selected by the
regional partnerships in consultation with the State
educational agencies in the region. Teacher participants
shall be selected in such a manner so as to ensure an
equitable representation of such teachers by State and school
enrollment within the region.
``(ii) The number of teachers selected each year shall be
determined in accordance with the amount of funding received
by the regional partnership.
``(5) Independent evaluation.--
``(A) In general.--The Assistant Secretary shall provide
for an independent evaluation of the program assisted under
this subsection to determine the net impact and cost
effectiveness of the program and the reactions of teachers
and school districts participating in such program, including
any career plan changes of participating teachers.
``(B) Date.--The evaluation described in subparagraph (A)
shall be submitted to the Congress within 6 months after the
completion of the third year of the program.
``(C) Funding.--The Assistant Secretary may reserve not
more than $250,000 of the amount appropriated under section
405(i)(2)(E) to carry out the evaluation described in this
paragraph.''.
PART E--NATIONAL LIBRARY OF EDUCATION
SEC. 251. ESTABLISHMENT WITHIN OFFICE OF EDUCATIONAL RESEARCH
AND IMPROVEMENT.
Part A of the General Education Provisions Act, as amended
by section 241 of this Act, is amended by inserting after
section 405C the following new section:
``national library of education
``Sec. 405D. (a) In General.--There is established within
the Office a National Library of Education (hereafter in this
section referred to as the `Library'), which shall be
maintained as a governmental activity.
``(b) Functions of Library.--The functions of the Library
are--
``(1) to provide a central location within the Federal
Government for information about education;
``(2) to provide comprehensive reference services on
matters related to education to employees of the Department
of Education and its contractors and grantees, other Federal
employees, and members of the public; and
``(3) to promote greater cooperation and resource sharing
among providers and repositories of education information in
the United States.
``(c) One-Stop Information and Referral Service.--The
Library shall establish and maintain a central information
and referral service to respond to telephonic, mail and
electronic and other inquiries from the public concerning--
``(1) programs and activities of the Department of
Education;
``(2) publications produced by the Department of Education
and, to the extent feasible, education related publications
produced by the Departments of Labor, Health and Human
Services, and other Federal agencies;
``(3) services and resources available to the public
through the Office, including the ERIC Clearinghouses, the
research institutes, and the national education dissemination
system;
``(4) statistics and other information produced by the
National Center for Education Statistics; and
``(5) referrals to additional sources of information and
expertise about educational issues which may be available
through educational associations and foundations, the private
sector, colleges and universities, libraries and
bibliographic databases.
The Library shall maintain and actively publicize a toll-free
telephone number through which public inquiries to the
Library may be made.
``(d) Comprehensive Reference Services.--The Library shall,
to the extent feasible, provide for the delivery of a full
range of reference services on subjects related to education
to employees of the Department and its contractors and
grantees, other Federal employees, and members of the general
public. Such services may include--
``(1) specialized subject searches;
``(2) search and retrieval of electronic databases;
``(3) document delivery by mail and facsimile transmission;
``(4) research counseling, bibliographic instruction, and
other training services;
``(5) interlibrary loan services; and
``(6) selective dissemination of information services.
The Library shall first give priority in the provision of
reference services to requests made by employees of the
Department.
``(e) Cooperation and Resource Sharing.--The Library shall
promote greater cooperation and resource sharing among
libraries and archives with significant collections in the
area of education through such means as--
``(1) the establishment of information and resource sharing
networks among such entities;
``(2) the development of a national union list of education
journals held by education libraries throughout the United
States;
``(3) the development of directories and indexes to
textbook and other specialized collections held by education
libraries throughout the United States; and
``(4) cooperative efforts to preserve, maintain and promote
access to items of special historical value or interest.
``(f) Administration.--The Library shall be administered by
an Executive Director who shall--
``(1) be appointed by the Assistant Secretary from among
persons with significant training or experience in library
and information science;
``(2) serve for a renewable term of 5 years; and
``(3) be paid at not less than the minimum rate of basic
pay payable for GS-15 of the General Schedule.
``(g) Task Force.--
``(1) In general.--The Assistant Secretary shall appoint a
task force of librarians, scholars, teachers, parents, and
school leaders (hereafter in this paragraph referred to as
the `Task Force') to provide advice on the establishment of
the Library.
``(2) Preparation of plan.--The Task Force shall prepare a
workable plan to establish the Library and to implement the
requirements of this section.
``(3) Certain authorities.--The Task Force may identify
other activities and functions for the Library to carry out,
except that such functions shall not be carried out until the
Library is established and has implemented the requirements
of this section.
``(4) Report.--The Task Force shall prepare and submit to
the Assistant Secretary not later than 6 months after the
first meeting of the Task Force a report on the activities of
the Library.
``(h) Transfer of Functions.--There are hereby transferred
to the Library all functions of--
``(1) the Department of Education Research Library;
``(2) the Department of Education Reference Section; and
``(3) the Department of Education Information Branch.
``(i) Collection Development Policy.--Not later than 180
days after the enactment of the Educational Research,
Development, and Dissemination Excellence Act, the Assistant
Secretary shall promulgate a comprehensive collection
development policy to govern the Library's operations,
acquisitions, and services to users. Such collection
development policy shall--
``(1) be consistent with the functions of the Library set
out in subsection (b);
``(2) emphasize the acquisition and maintenance of a
comprehensive collection of reference materials; and
``(3) avoid unnecessary duplication by putting a priority
on meeting the information needs of the Library's users
through cooperation and resource-sharing with other entities
with significant collections in the field of education.
``(j) Arrearage and Preservation.--On the basis of the
collection development policy promulgated under subsection
(h), the Executive Director shall develop a multiyear plan
which shall set forth goals and priorities for actions needed
to--
``(1) eliminate within 3 years the arrearage of uncataloged
books and other materials in the Library's collections; and
``(2) respond effectively and systematically to the
preservation needs of the Library's collections, relying,
whenever possible, upon cooperative efforts with other
institutions to preserve and maintain the usability of books
and materials in the Library's collections.''.
TITLE III--SAFE SCHOOLS ACT OF 1994
SEC. 301. SAFE SCHOOLS PROGRAM AUTHORIZED.
(a) In General.--With funds appropriated under subsection
(c)(1), the Secretary of Education shall make competitive
grants to eligible local educational agencies to carry out
projects designed to achieve Goal Six of the National
Education Goals, which provides that by the year 2000, every
school in America will be free of drugs and violence and will
offer a disciplined environment conducive to learning, by
helping to ensure that all schools are safe and free of
violence.
(b) Model Project.--The Secretary of Education, shall
develop a written safe schools model so all schools can
develop models that enable all students to participate
regardless of any language barriers.
(c) Authorization of Appropriations and Reservation.--
(1) Authorization.--There are authorized to be appropriated
to carry out this Act $50,000,000 for fiscal year 1994.
(2) Reservation.--From the sums appropriated to carry out
this Act for any fiscal year, the Secretary may reserve not
more than 5 percent to carry out national leadership
activities under section 305.
SEC. 302. ELIGIBLE APPLICANTS.
To be eligible to receive a grant under this Act, a local
educational agency shall demonstrate in its application under
section 303(a) that it--
(1) serves an area in which there is a high rate of--
(A) homicides committed by persons between the ages 5 to
18, inclusive;
(B) referrals of youth to juvenile court;
(C) youth under the supervision of the courts;
(D) expulsions and suspensions of students from school;
(E) referrals of youth, for disciplinary reasons, to
alternative schools; or
(F) victimization of youth by violence, crime, or other
forms of abuse; and
(2) has serious school crime, violence, and discipline
problems, as indicated by other appropriate data.
SEC. 303. APPLICATIONS AND PLANS.
(a) In General.--In order to receive a grant under this
Act, an eligible local educational agency shall submit to the
Secretary an application that includes--
(1) an assessment of the current violence and crime
problems in the schools to be served by the grant and in the
community to be served by the applicant;
(2) an assurance that the applicant has written policies
regarding school safety, student discipline, and the
appropriate handling of violent or disruptive acts;
(3) a description of the schools and communities to be
served by the grant, the activities and projects to be
carried out with grant funds, and how these activities and
projects will help to reduce the current violence and crime
problems in the schools and communities served;
(4) a description of educational materials to be developed
in the second most predominate language of the schools and
communities to be served by the grant, if applicable;
(5) if the local educational agency receives Federal
education funds, an explanation of how activities assisted
under this Act will be coordinated with and support any
systemic education improvement plan prepared with such funds;
(6) the applicant's plan to establish school-level advisory
committees, which include faculty, parents, staff, and
students, for each school to be served by the grant and a
description of how each committee will assist in assessing
that school's violence and discipline problems as well as in
designing appropriate programs, policies, and practices to
combat those problems;
(7) the applicant's plan for collecting baseline and future
data, by individual schools, to monitor violence and
discipline problems and to measure its progress in achieving
the purpose of this Act;
(8) a description of how, in subsequent fiscal years, the
grantee will integrate the violence prevention activities it
carries out with funds under this Act with activities carried
out under its comprehensive plan for drug and violence
prevention adopted under the Safe and Drug-Free Schools and
Communities Act of 1986;
(9) a description of how the grantee will coordinate its
school crime and violence prevention efforts with education,
law enforcement, judicial, health, social service, programs
supported under the Juvenile Justice and Delinquency
Prevention Act of 1974, and other appropriate agencies and
organizations serving the community;
(10) a description of how the grantee will inform parents
about the extent of crime and violence in their children's
schools and maximize the participation of parents in its
violence prevention activities;
(11) an assurance that grant funds under this Act will be
used to supplement and not supplant State and local funds
that would, in the absence of funds under this Act, be made
available by the applicant for the purposes of the grant;
(12) an assurance that the applicant will cooperate with,
and provide assistance to, the Secretary in gathering
statistics and other data the Secretary determines are
necessary to determine the effectiveness of projects and
activities under this Act or the extent of school violence
and discipline problems throughout the Nation; and
(13) such other information as the Secretary may require.
(b) Priorities.--In awarding grants under this Act, the
Secretary shall take into account the special needs of local
educational agencies located in both rural and urban
communities.
SEC. 304. GRANTS AND USE OF FUNDS.
(a) Duration and Amount of Grants.--Grants under this Act
may not exceed--
(1) 1 year in duration; and
(2) $3,000,000.
(b) Use of Funds.--
(1) Activities.--A local educational agency may use funds
awarded under section 301(a) for 1 or more of the following
activities:
(A) Identifying and assessing school violence and
discipline problems, including coordinating needs assessment
activities with education, law-enforcement, judicial, health,
social service, juvenile justice programs, gang prevention
activities, and other appropriate agencies and organizations.
(B) Conducting school safety reviews or violence prevention
reviews of programs, policies, practices, and facilities to
determine what changes are needed to reduce or prevent
violence and promote safety and discipline.
(C) Planning for comprehensive, long-term strategies for
combating and preventing school violence and discipline
problems through the involvement and coordination of school
programs with other education, law-enforcement, judicial,
health, social service, and other appropriate agencies and
organizations.
(D) Activities which involve parents in efforts to promote
school safety and prevent school violence;
(E) Community education programs involving parents,
businesses, local government, the medical, and other
appropriate entities about the local educational agency's
plan to promote school safety and reduce and prevent school
violence and discipline problems and the need for community
support.
(F) Coordination of school-based activities designed to
promote school safety and reduce or prevent school violence
and discipline problems with related efforts of education,
law-enforcement, judicial, health, social service, juvenile
justice programs, and other appropriate agencies and
organizations.
(G) Developing and implementing violence prevention
activities and materials, including--
(i) conflict resolution and social skills development for
students, teachers, aides, other school personnel, and
parents;
(ii) disciplinary alternatives to expulsion and suspension
of students who exhibit violent or anti-social behavior;
(iii) student-led activities such as peer mediation, peer
counseling, and student courts; or
(iv) alternative after-school programs that provide safe
havens for students, which may include cultural,
recreational, educational and instructional activities, and
mentoring and community service programs.
(H) Educating students and parents about the dangers of
guns and other weapons and the consequences of their use.
(I) Developing and implementing innovative curricula to
prevent violence in schools and training staff how to stop
disruptive or violent behavior if it occurs.
(J) Supporting ``safe zones of passage'' for students
between home and school through such measures as Drug- and
Weapon-Free School Zones, enhanced law enforcement, and
neighborhood patrols.
(K) Counseling programs for victims and witnesses of school
violence and crime.
(L) Evaluating its project under this Act.
(M) The cost of administering the project of the local
educational agency under this Act.
(N) Other activities that meet the purposes of this Act.
(2) Other limitations.--A local educational agency may use
not more than 5 percent of its grant for activities described
in paragraph (1)(M).
(3) Construction.--A local educational agency may not use
funds under this Act for construction.
SEC. 305. NATIONAL LEADERSHIP.
To carry out the purpose of this Act, the Secretary may use
funds reserved under section 301(c)(2) to conduct national
leadership activities such as research, program development
and evaluation, data collection, public awareness activities,
training and technical assistance, to provide grants to
noncommercial telecommunications entities for the production
and distribution of national video-based projects that
provide young people with models for conflict resolution and
responsible decisionmaking, and to conduct peer review of
applications under this Act. The Secretary may carry out such
activities directly, through interagency agreements, or
through grants, contracts, or cooperative agreements.
SEC. 306. REPORTS.
(a) Report to Secretary.--Local educational agencies that
receive funds under this part shall submit to the Secretary a
report not later than March 1, 1995, that describes progress
achieved in carrying out the plan required under section 303.
(b) Report to Congress.--The Secretary shall submit to the
Committee on Education and Labor of the House of
Representatives a report not later than October 1, 1995,
which contains a detailed statement regarding grant awards,
activities of grant recipients, a compilation of statistical
information submitted by applicants under section 303, and an
evaluation of programs established under this part.
SEC. 307. DEFINITIONS.
For purposes of this Act:
(1) Local educational agency.--The term ``local educational
agency'' has the meaning given such term in section 1471(12)
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 2891(12)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Education.
Mr. FORD of Michigan (during the reading). Mr. Speaker, I ask
unanimous consent that the House amendment to the Senate amendment be
considered as read and printed in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan [Mr. Ford].
The motion was agreed to.
appointment of conferees on h.r. 1804
Mr. FORD of Michigan. Mr. Speaker, I offer a motion.
The Clerk read as follows:
Mr. Ford of Michigan moves that the House insist on its
amendment to the Senate amendment to the bill H.R. 1804, and
ask for a conference with the Senate thereon.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan [Mr. Ford].
The motion was agreed to.
motion to instruct offered by mr. duncan
Mr. DUNCAN. Mr. Speaker, I offer a motion.
The Clerk read as follows:
Mr. Duncan moves that the managers on the part of the House
at the conference on the disagreeing votes of the two houses
on the bill H.R. 1804 be instructed to agree with section
numbered 405, of the Senate amendment, concerning school
prayer.
Mr. DUNCAN (during the reading). Mr. Speaker, I ask unanimous consent
that the motion be considered as read and printed in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
The SPEAKER pro tempore. The gentleman from Tennessee [Mr. Duncan] is
recognized for 30 minutes.
Mr. DUNCAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is a very simple motion to instruct, offered by
myself, the gentleman from Missouri [Mr. Emerson] and the ranking
member of the Committee on Rules, the gentleman from New York [Mr.
Solomon], both very hardworking and diligent Members of the House.
Mr. FORD of Michigan. Mr. Speaker, if the gentleman will yield and if
he would agree with me not to take up the time of the House over an
argument that does not exist, I will be happy to accept the gentleman's
instructions if we do not have to go through an hour of useless debate.
Mr. DUNCAN. Mr. Speaker, the only problem I have is that several
Members have asked for time to speak on this motion.
Mr. FORD of Michigan. Mr. Speaker, in my State they call that
``whipping a dead horse. If you do not want to take what I give you, I
will fight you.''
Mr. EMERSON. Mr. Speaker, will the gentleman yield?
Mr. DUNCAN. I yield to the gentleman from Missouri.
Mr. EMERSON. I thank the gentleman for yielding.
Mr. Speaker, I do not disagree with what the gentleman from Michigan
[Mr. Ford] is proposing but--
Mr. FORD of Michigan. Mr. Speaker, I will ask unanimous consent that
everybody have 5 days to put everything they want to in the Record
about this.
Mr. EMERSON. My point is going to be--and I think I have the floor--
that inasmuch as permission was granted for the motion to instruct to
not be read, and the gentleman from Tennessee had commenced his remarks
and then entered into a colloquy with the gentleman from Michigan, I
have no objection to what the gentleman from Michigan is proposing, but
I think we should perhaps backtrack and have the motion to instruct
read so that indeed the House knows what it is acting upon.
Mr. Speaker, I therefore ask unanimous consent that the motion to
instruct be read.
The SPEAKER. The Clerk will read the motion offered by the gentleman
from Tennessee [Mr. Duncan].
The Clerk read as follows:
Mr. Duncan moves that the managers on the part of the House
at the conference on the disagreeing votes of the two Houses
on the bill H.R. 1804 be instructed to agree with section
numbered 405, of the Senate amendment, concerning school
prayer.
{time} 1620
Mr. DUNCAN. Mr. Speaker, I will simply say this:
I appreciate the very kind offer by the gentleman from Michigan [Mr.
Ford], certainly one of the kindest men in this Chamber, and I
appreciate his offer. I will just simply say this:
I also appreciate the very strong support I have had from the
gentleman from Missouri [Mr. Emerson], the gentleman from New York [Mr.
Solomon], the gentleman from Oklahoma [Mr. Inhofe], and the gentleman
from Florida [Mr. Stearns].
With that, Mr. Speaker, I yield such time as he may consume to the
gentleman from Missouri [Mr. Emerson].
(Mr. EMERSON asked and was given permission to revise and extend his
remarks.)
Mr. EMERSON. Mr. Speaker, I rise today along with my colleague from
Tennessee to offer a motion to instruct conferees on Goals 2000
legislation. This motion instructs conferees to recede and concur to
language recently passed by the Senate concerning school prayer. The
amendment offered by Senator Helms overwhelmingly passed the Senate by
a vote of 75 to 22. I think it is important to note that an almost
identical amendment to this one was passed by the House of
Representatives in 1989 by a vote of 269 to 135--almost a 2-to-1
margin.
First, let me spell out what this language does do and then make it
clear what it doesn't do. This language will prevent any school
district which has a policy of prohibiting voluntary student-initiated
prayer in the schools from receiving any Federal funds authorized by
this act or any other act. In other words, it simply forbids school
districts from setting up official policies or procedures with the
intent and purpose of prohibiting individuals from voluntarily saying
prayers at school.
This language does not mandate school prayer or require schools to
write any particular prayer. Under this language, a school is not
required to do anything in favor of voluntary prayer. It simply must
refrain from instituting policies prohibiting voluntary student prayer.
The Founding Fathers intended religion to provide a moral anchor for
our democracy. Wouldn't they be puzzled to return to modern-day America
and find, among elite circles in academia and the media, a scorn for
the public expression of religious values. I find it ironic that while
taxpayers' dollars are being used by bureaucrats to distribute condoms
in our public schools across America, our children are prohibited from
reading the Bible. This sends a powerful message to our children--and
it is the wrong message.
One of the many liberties our forefathers founded this great Nation
upon was freedom of religion; a freedom to pray to the God we want,
when we want, and where we want. Unfortunately, this freedom has been
eroded by the Supreme Court over the last few decades. I firmly believe
that no one should be forced to pray, especially if a certain prayer is
contrary to an individual's beliefs. But, there can be no question that
every American citizen has the right to pray voluntarily whenever and
wherever he or she chooses, and that includes children in public
schools. This is protected under the first amendment; ``Congress shall
make no law respecting an establishment of religion, or prohibiting the
free exercise thereof.'' It is that second part that I ask you to pay
special attention to today.
As President Reagan so eloquently stated in 1982, ``the first
amendment of the Constitution was not written to protect the people of
this country from religious values; it was written to protect religious
values from government tyranny.'' I urge you to vote for the motion to
instruct conferees.
Mr. DUNCAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Oklahoma [Mr. Inhofe].
(Mr. INHOFE asked and was given permission to revise and extend his
remarks.)
[Mr. INHOFE addressed the House. His remarks will appear hereafter in
the Extensions of Remarks.]
Mr. DUNCAN. Mr. Speaker, I yield such time as he may consume to the
gentleman from Florida [Mr. Stearns].
(Mr. STEARNS asked and was given permission to revise and extend his
remarks.)
Mr. STEARNS. Mr. Speaker, I rise today in support of the motion to
instruct conferees to accept the Senate provisions to H.R. 6 supporting
constitutionally protected school prayer.
This language passed the Senate by a margin of 77-25 and is similar
to language that passed the House by a vote of 269-135 in 1989. It
would apply only to voluntary prayer and would expressly prohibit any
State or local education agency from requiring any person to
participate in or influence the form or content of these prayers.
Every day, both Houses of this Congress open with a prayer. No Member
is compelled to participate against his or her will, but the
opportunity to take a moment for spiritual reflection is valued by many
of us. However, for those students in our public schools who seek to
pray voluntarily at landmark events such as high school graduation or
who want the opportunity to take a moment for silent reflection at the
beginning of their school day, this right is under constant attack.
For too long, our constitutionally protected right of freedom of
religion has been misinterpreted and distorted into a Government-
mandated denial of the right to exercise religion.
Even as a wide variety of interest groups seek to require positive
portrayals of their lifestyles as part of our public school curriculum,
the right to acknowledge the common values that have shaped this
Nation's spiritual character is denied.
Many Americans cannot understand how we have become a Nation where
condoms are distributed at the school, but the Golden Rule cannot be
posted on a classroom wall.
Mr. Speaker, I believe this Nation headed down the wrong path when we
began to deny the right of voluntary religious expression as part of
our civic life, especially in the classroom. It is very fashionable
these days to speak about the crisis of values in America, especially
among our young people.
I personally believe that the key moment in the beginning of this
crisis of values occurred when open acknowledgment of religion was
removed from our schools.
We simply cannot, on one hand, deny our children the right to
acknowledge their spirituality at the civic institution where they have
the greatest daily contact--the schools--and expect them to absorb
lessons on the virtuous way to live.
We should never fool ourselves into thinking that we can provide our
children with a ``value neutural'' education. There simply is no such
thing. Rather, what we have seen over the last 30 years is an
interpretation of the law that is fundamentally hostile to any
religious expression.
The Duncan-Emerson-Solomon-Stearns amendment would restore some
balance to this greatly unbalanced situation.
It is very limited in scope and only affects those types of religious
speech that the Supreme Court has ruled are not coercive or represent
any form of establishment of religion.
This is the view of religion that our Founding Fathers had in mind. I
would like to close today by quoting two of the greatest heroes of this
Nation on the subject--Benjamin Franklin and Thomas Jefferson.
With regard to the beginning of a session of Congress with a prayer,
Franklin stated,
I have lived, Sir, a long time, and the longer I live, the
more convincing proofs I see of this truth--that God governs
in the affairs of men. And if a sparrow cannot fall to the
ground without his notice, is it probable that an empire can
rise without his aid?
And on the Jefferson Memorial, we can read the role of religion as
Thomas Jefferson saw it,
All men shall be free to profess and by argument maintain,
their opinions on matters of religion. I know of but one code
of morality for men whether acting singly or collectively.
The Duncan-Emerson-Solomon-Stearns motion returns the proper balance
between our civic lives and our spiritual lives. It returns freedom to
the children of America that they can acknowledge, in their own way and
without coercion, the God in which they believe. I ask your support for
this motion, and I yield back the balance of my time.
(Mr. DUNCAN asked and was given permission to revise and extend his
remarks.)
Mr. DUNCAN. Mr. Speaker, this is a very simple motion to instruct
offered by myself, Mr. Emerson from Missouri and the ranking member of
the Rules Committee, Mr. Solomon, both very hardworking and diligent
Members of the House.
Mr. Speaker, this motion simply instructs the conferees on the Goals
2000 bill, H.R. 1804, to agree to the Senate language concerning prayer
in school, which, just a few weeks ago, the other body overwhelmingly
passed by a vote of 75-22, including a substantial majority of both
parties. In addition, the House passed very similar language in 1989 by
a huge margin, 269-135, almost 2 to 1.
Mr. Speaker, every day when both bodies of this Congress begin a
session, we have a prayer. Although our students cannot pray, we do in
the Congress. And these prayers are led by priests, rabbis, and
ministers from many different religions. But our students cannot pray
in schools or at graduation ceremonies.
We tell our children that it is OK to pass out condoms at school, but
we tell them that they cannot pray. And we wonder what is happening to
our children and why our Nation's moral values have declined.
Mr. Speaker, let me read exactly the language this motion to instruct
would have us agree to.
No funds made available through the Department of Education
under this act, or any other act, shall be available to any
State or local educational agency which has a policy of
denying, or which effectively prevents participation in
constitutionally protected prayer in public schools by
individuals on a voluntary basis.
Neither the United States nor any State nor any local
educational agency shall require any person to participate in
prayer or influence the form or content of any
constitutionally protected prayer in such public schools.
This language is intended to deny Federal funds to school districts
which have an active prohibition--written, verbal, or simply an
``understanding''--or which ``effectively prevent'' constitutional
student-initiated prayer in public schools.
Our Founding Fathers came to this country to get freedom of religion,
not freedom from religion.
This language simply codifies language which would prohibit schools
from receiving Federal funds if they prevent students from engaging in
student-led, student-initiated prayer.
This is a well-meaning and innocuous amendment.
Mr. Speaker, I yield back the balance of my time.
Mr. FORD of Michigan. Mr. Speaker, I move the previous question on
the motion to instruct.
The previous question was ordered.
The SPEAKER pro tempore (Mr. Lewis of Georgia). The question is on
the motion to instruct offered by the gentleman from Tennessee [Mr.
Duncan].
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. DUNCAN. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Evidently a quorum is not present.
The Sergeant at Arms will notify absent Members.
The vote was taken by electronic device, and there were--yeas 367,
nays 55, not voting 11, as follows:
[Roll No. 30]
YEAS--367
Allard
Andrews (NJ)
Applegate
Archer
Armey
Bacchus (FL)
Bachus (AL)
Baesler
Baker (CA)
Baker (LA)
Ballenger
Barca
Barcia
Barlow
Barrett (NE)
Barrett (WI)
Bartlett
Barton
Bateman
Bentley
Bereuter
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coble
Coleman
Collins (GA)
Combest
Condit
Cooper
Costello
Cox
Cramer
Crane
Crapo
Cunningham
Danner
Darden
Deal
DeFazio
DeLauro
DeLay
Derrick
Deutsch
Diaz-Balart
Dickey
Dicks
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Edwards (TX)
Ehlers
Emerson
Engel
English
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (LA)
Fields (TX)
Fingerhut
Fish
Foglietta
Ford (TN)
Fowler
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gallo
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Gordon
Goss
Grams
Grandy
Green
Greenwood
Gunderson
Gutierrez
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, E. B.
Johnson, Sam
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDade
McHale
McHugh
McInnis
McKeon
McKinney
McMillan
McNulty
Meehan
Meek
Menendez
Meyers
Mica
Michel
Miller (FL)
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murphy
Murtha
Myers
Natcher
Neal (MA)
Neal (NC)
Nussle
Oberstar
Obey
Ortiz
Orton
Oxley
Packard
Pallone
Parker
Pastor
Paxon
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Petri
Pickett
Pickle
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Ravenel
Reed
Regula
Reynolds
Richardson
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Ros-Lehtinen
Rose
Roth
Roukema
Rowland
Royce
Rush
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Traficant
Tucker
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Whitten
Williams
Wise
Wolf
Woolsey
Wyden
Wynn
Young (AK)
Young (FL)
Zeliff
Zimmer
NAYS--55
Abercrombie
Ackerman
Andrews (ME)
Becerra
Beilenson
Berman
Cardin
Clay
Collins (IL)
Collins (MI)
Conyers
Coppersmith
Coyne
Dellums
Dingell
Durbin
Edwards (CA)
Eshoo
Filner
Ford (MI)
Frank (MA)
Gejdenson
Gonzalez
Hamburg
Johnston
Kleczka
Kopetski
Lantos
McDermott
Mfume
Miller (CA)
Mineta
Mink
Nadler
Olver
Owens
Payne (NJ)
Pelosi
Rostenkowski
Roybal-Allard
Sabo
Scott
Serrano
Stokes
Swift
Synar
Towns
Unsoeld
Velazquez
Vento
Washington
Waters
Watt
Waxman
Yates
NOT VOTING--11
Andrews (TX)
Brewster
de la Garza
Flake
Goodling
Hastings
Hilliard
Kennedy
Rangel
Smith (OR)
Wilson
{time} 1642
Mr. ABERCROMBIE, Mr. ANDREWS of Maine, Ms. VELAZQUEZ, and Mr. SERRANO
changed their vote from ``yea'' to ``nay.''
Ms. EDDIE BERNICE JOHNSON of Texas and Mrs. MALONEY changed their
vote from ``nay'' to ``yea.''
So the motion to instruct was agreed to.
The result of the vote was announced as above recorded.
The SPEAKER pro tempore (Mrs. Clayton). Without objection, the Chair
appoints the following conferees for consideration of all provisions of
H.R. 1804 and the Senate amendment thereto, except for title II of H.R.
1804 and sections 901-14 of the Senate amendment: Messrs. Ford of
Michigan, Kildee, Miller of California, Sawyer, and Owens, Mrs.
Unsoeld, Mr. Reed, Mr. Roemer, Mrs. Mink of Hawaii, Messrs. Engel,
Becerra, and Gene Green of Texas, Ms. Woolsey, Ms. English of Arizona,
Messrs. Strickland, Payne of New Jersey, Romero-Barcelo, Goodling,
Gunderson, McKeon, and Petri, Ms. Molinari, Mr. Cunningham, Mr. Miller
of Florida, Mrs. Roukema, and Mr. Boehner.
For consideration of title II of H.R. 1804 and sections 901-14 of the
Senate amendment, the Chair appoints the following conferees: Messrs.
Ford of Michigan, Owens, Payne of New Jersey, Scott, Sawyer, Goodling,
Ballenger, Barrett of Nebraska, and Fawell.
There was no objection.
____________________