[Congressional Record Volume 140, Number 21 (Wednesday, March 2, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: March 2, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
IMPROVING AMERICA'S SCHOOLS ACT OF 1994
The SPEAKER pro tempore. Pursuant to House Resolution 366 and rule
XXIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 6.
{time} 1504
In the committee of the whole
Accordingly, the House resolved itself into the Committee on the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 6) to extend for 6 years the authorizations of
appropriations for the programs under the Elementary and Secondary
Education Act of 1965, and for certain other purposes, with Mr. Darden
(Chairman pro tempore) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. When the Committee of the Whole rose on
Thursday, February 24, 1994, the amendments en bloc offered by the
gentleman from Michigan [Mr. Kildee] had been disposed of.
The Clerk will designate title I.
The text of title I is as follows:
``TITLE I--IMPROVED EDUCATION FOR DISADVANTAGED CHILDREN
``SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.
``(a) Statement of Policy.--The Congress declares it to be
the policy of the United States that a high-quality education
for all persons and a fair and equal opportunity to obtain
such education--
``(1) are a societal good necessary for creating a vibrant
future for our complex and diverse democracy and for meeting
the challenge of an internationally competitive economy;
``(2) are a private good because individual opportunity is
greatly enhanced by being well educated;
``(3) are a moral imperative in our society and simple
justice demands that the opportunity to acquire skills and
knowledge deemed necessary for basic citizenship and economic
opportunity be equally available to all; and
``(4) improve the life of every person, because the quality
of individual lives ultimately depends on the quality of the
lives of others.
``(b) Recognition of Need.--The Congress recognizes that--
``(1) although the achievement gap between disadvantaged
children and other children has been reduced by half over the
past two decades, a sizable gap remains, and many segments of
our society lack the opportunity to become well educated;
``(2) the most urgent need for educational improvement is
in schools with high concentrations of children from low-
income families and achieving the National Education Goals
will not be possible without substantial improvement in these
schools;
``(3) educational needs are particularly great for low-
achieving children in the highest-poverty schools, children
with limited English proficiency, children of migrant
workers, Indian children, children who are neglected or
delinquent, and young children and their parents who are in
need of family-literacy services; and
``(4) while title I and other programs funded under this
Act contribute to narrowing the achievement gap between
children in high-poverty and low-poverty schools, such
programs need to become even more effective in improving
schools in order to enable all children to achieve high
standards.
``(c) What Has Been Learned.--To enable schools to provide
all children a high-quality education, this title builds upon
what has been learned:
``(1) All children can master challenging content and
complex problem-solving skills and research clearly shows
that children, including low-achieving children, can succeed
when expectations are high and they are given the opportunity
to learn challenging material.
``(2) Conditions outside the classroom such as hunger,
unsafe living conditions, homelessness, unemployment,
violence, inadequate health care, child abuse, and drug and
alcohol abuse can adversely affect children's academic
achievement and must be addressed through the coordination of
services, such as health and social services, in order for
the Nation to meet the National Education Goals.
``(3) A better understanding of the principles of good
health can help children and adolescents succeed in school,
become active, productive members of society, and
successfully compete in a rapidly changing global economy.
Schools that provide quality physical and health education
contribute to enhanced knowledge, behavior, and fitness of
children and adolescents.
``(4) Use of low-level tests that are not aligned with
schools' curricula fails to provide adequate information
about what children know and can do and encourages curricula
and instruction that focus on the low-level skills measured
by such tests.
``(5) Resources are more effective when they ensure that
children have full access to effective regular school
programs and receive supplemental help through extended-time
activities.
``(6) The disproven theory that children must first learn
basic skills before engaging in more complex tasks continues
to dominate strategies for classroom instruction, resulting
in emphasis on repetitive drill and practice at the expense
of content-rich instruction, accelerated curricula, and
effective teaching to high standards.
``(7) Intensive and sustained professional development for
teachers and other school staff (focused on teaching and
learning and on helping children attain high standards) is
too often not provided.
``(8) Insufficient attention and resources are directed
toward the effective use of technology in schools and the
role it can play in professional development and improved
teaching and learning.
``(9) All parents can contribute to their children's
success by helping at home and becoming partners with
teachers so that children can achieve high standards.
``(10) Decentralized decisionmaking is a key ingredient of
systemic reform. Schools need the resources, flexibility, and
responsibility to design and implement effective strategies
for bringing children to high levels of performance and
should accept responsibility to do so.
``(11) Opportunities for students to achieve high standards
can be enhanced through a variety of approaches such as
public school choice and public charter schools.
``(12) Attention to academics alone cannot ensure that all
children will reach high standards. The health and other
needs of children that affect learning are frequently unmet,
particularly in high-poverty schools, thereby necessitating
coordination of services to better meet children's needs.
``(13) Resources provided under this title can be better
targeted on the highest-poverty local educational agencies
and schools that have children most in need.
``(d) Statement of Purpose.--The purpose of this title is
to enable schools to provide opportunities for children
served to acquire the knowledge and skills contained in the
rigorous State content standards and to meet the challenging
State performance standards developed for all children under
the Goals 2000: Educate America Act or, in their absence,
under this title. This purpose shall be accomplished by--
``(1) ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children served under this title to reach
such standards;
``(2) providing children an enriched and accelerated
educational program through schoolwide programs or through
additional services that increase the amount and quality of
instructional time so that children served under this title
receive at least the classroom instruction that other
children receive;
``(3) promoting schoolwide reform and ensuring access of
children (from the earliest grades) to effective
instructional strategies and challenging academic content
that includes intensive complex thinking and problem-solving
experiences;
``(4) significantly upgrading the quality of curricula and
instruction by providing staff in participating schools with
substantial opportunities for intensive and sustained
professional development;
``(5) coordinating services under all parts of this title
with each other, with other educational services, and, to the
extent feasible, with health and social service programs
funded from other sources;
``(6) affording parents meaningful opportunities to
participate in the education of their children at home and at
school;
``(7) distributing resources, in amounts sufficient to make
a difference, to schools where needs are greatest;
``(8) improving accountability, as well as teaching and
learning, by using State assessment systems designed to
measure how well children are achieving high State standards
of performance expected of all children; and
``(9) providing greater decisionmaking authority and
flexibility to schools and teachers in exchange for greater
responsibility for student performance.
``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.
``Appropriations are authorized for the following programs
and activities under this title:
``(1) Local educational agency grants.--For the purpose of
carrying out part A of this title, other than sections 1117,
and 1120(d), there are authorized to be appropriated
$7,400,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(2) Even start.--For the purpose of carrying out part B
of this title, there are authorized to be appropriated
$118,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(3) Education of migratory children.--For the purpose of
carrying out part C of this title, there are authorized to be
appropriated $310,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(4) Prevention and intervention services for delinquent
youth and youth at risk of dropping out.--For the purpose of
carrying out part D of this title, there are authorized to be
appropriated $40,000,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(5) Capital expenses.--For the purpose of carrying out
section 1120(d) of this title, there are authorized to be
appropriated $41,434,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(6) School improvement.--For the purpose of carrying out
the activities authorized in section 1117 of this title,
there are authorized to be appropriated $30,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999.
``(7) Federal activities.--(A) For the purpose of carrying
out section 1501 of this title, there are authorized to be
appropriated $9,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(B) For the purpose of carrying out sections 1502 and
1503 of this title, there are authorized to be appropriated
$20,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``PART A--BASIC PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES
``Subpart 1--Basic Program Requirements
``SEC. 1111. STATE PLANS.
``(a) Plans Required.--(1) Any State desiring to receive a
grant under this part shall submit to the Secretary a plan,
developed in consultation with local educational agencies,
teachers, administrators, and parents, that--
``(A)(i) is integrated with the State's plan, either
approved or being developed, under title III of the Goals
2000: Educate America Act, and satisfies the requirements of
this section that are not already addressed by that State
plan; and
``(ii) is integrated with other State plans, if any, under
the School-to-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Education Act, to
the extent that these plans have not already been
incorporated in the State's plan under title III of the Goals
2000: Educate America Act; or
``(B) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan--
``(i) is integrated with other State plans under this Act
and other plans, including those under the School-to-Work
Opportunities Act of 1993 and the Carl D. Perkins Vocational
and Applied Technology Education Act, where such plans exist;
and
``(ii) satisfies the requirements of this section.
``(2) The plan may be submitted as part of a consolidated
application under section 9302.
``(3) A State may satisfy all or part of the requirements
of this section by referencing applicable sections of its
approved State plan under title III of the Goals 2000:
Educate America Act.
``(b) Standards and Assessment Provisions.--(1)(A) Each
State plan shall demonstrate that the State has developed or
adopted high-quality standards for children served under this
title that will be used by the State, its local educational
agencies, and its schools to carry out this Act and that
these standards be as challenging and of the same high-
quality as they are for all children. These standards shall
include--
``(i) challenging content standards in the core academic
subjects that--
``(I) specify what children served under this title are
expected to know and be able to do;
``(II) contain coherent and rigorous content; and
``(III) emphasize the teaching of advanced skills;
``(ii) challenging performance standards that--
``(I) are aligned with the State's content standards;
``(II) describe two levels of high performance,
`proficient' and `advanced', that determine how well children
served under this title are mastering the material in the
content standards; and
``(III) include a third benchmark below proficient, if
necessary, to provide complete information about the progress
of the lower-performing children toward achieving the high
`proficient' and `advanced' performance standards; and
``(iii) opportunity to learn standards that address--
``(I) the quality and availability of curricula,
instructional materials, and technologies for all students
served under this title;
``(II) the capability of teachers to provide high-quality
instruction to all students served under this title;
``(III) 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;
``(IV) the extent to which curricula, instructional
practices, and assessments for students served under this
title are aligned to content standards;
``(V) 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 students served under this title an
opportunity to learn;
``(VI) the extent to which schools which receive funds
under this title utilize policies, curricula, and
instructional practices which ensure nondiscrimination on the
basis of gender;
``(VII) the capability of local educational agencies and
schools to comply with the requirements in section 1112(c)(3)
with respect to addressing the comprehensive needs of
children and the requirements of section 1114(b) or section
1115(c), whichever is applicable; and
``(VIII) such other factors that the State deems
appropriate to ensure that students served under this title
receive a fair opportunity to achieve the knowledge and
skills described in content and performance standards adopted
by the State.
``(B) For those core academic subjects in which a State has
not adopted challenging content and performance standards,
the State plan shall include a schedule for their development
that includes the completion of standards in mathematics and
reading/language arts by the end of the interim period as
described in paragraph (8).
``(2)(A) Each State plan shall demonstrate, based on
assessments described under paragraph (3), what constitutes
adequate yearly progress of--
``(i) any school served under this part toward enabling
children to meet the State's `proficient' and `advanced'
performance standards; and
``(ii) any local educational agency that received funds
under this part toward enabling children in schools receiving
assistance under this part to meet the State's `proficient'
and `advanced' performance standards.
``(B) Adequate yearly progress shall be defined in a
manner--
``(i) that is consistent with criteria of general
applicability established by the Secretary and results in
continuous and substantial yearly improvement for
economically disadvantaged, limited-English proficient, and
all students under this title in each school and local
educational agency toward the goal of all children under this
title meeting the State's challenging `advanced' performance
standards; and
``(ii) links progress primarily to performance on the
assessments carried out under this section while permitting
progress to be established in part through the use of other
outcome-based measures such as reductions in drop-out rates.
``(3) Each State plan shall demonstrate that the State has
developed or adopted a set of high-quality, yearly student
assessments that will be used as the primary means of
determining the yearly performance of each local educational
agency and school receiving assistance under this part in
enabling children served under this title to meet the State's
performance standards and that these assessments be
challenging and of the same high-quality as they are for all
children. These assessments shall--
``(A) be aligned with the State's challenging content and
performance standards and provide coherent information about
student attainment of such standards;
``(B) be used for purposes for which they are valid and
reliable, and be consistent with relevant nationally
recognized professional and technical standards of
assessments;
``(C) shall measure the proficiency of students in the core
academic subjects in which a State has adopted challenging
content and performance standards and be administered at some
time during--
``(i) grades 3 through 5;
``(ii) grades 6 through 9;
``(iii) grades 10 through 12.
``(D) be comprised of multiple, up-to-date measures of
student performance;
``(E)(i) include limited-English proficient students who
shall be assessed, to the extent practicable in the language
and form most likely to yield accurate and reliable
information on what these students know and can do, to
determine their mastery of skills in subjects other than
English;
``(ii) include students who have been resident in a local
educational agency for a full academic year but have not
attended a single school for a full year, provided that the
performance of students who have attended more than one
school in the local educational agency in any academic year
shall be used only in determining the progress of the local
educational agency; and
``(iii) include students with disabilities who shall be
assessed, to the extent practicable, in a manner and form
most likely to yield accurate and reliable information on
what these students know and can do, including assessment
accommodations and modifications necessary to make such
determinations, provided that those students who are
determined, through valid evaluation conducted by qualified
personnel, to be so severely cognitively impaired as to
permanently lack the capacity to make any educational
progress, with the provision of special education and related
services, in meeting the State content and performance
standards may be exempted from the assessment process;
``(F) provide individual student scores; and
``(G) provide for disaggregated results within each State,
local educational agency, and school by gender, by each major
racial and ethnic group, by English proficiency status, and
by economically disadvantaged students as compared to
students who are not economically disadvantaged.
``(4) Each State plan shall identify the languages other
than English that are present in the participating student
population and indicate the languages for which yearly
student assessments are not available and are needed. The
State shall make every effort to develop such assessments and
shall notify the Secretary if linguistically-accessible
assessment measures are needed. Upon notification, the
Secretary shall assist with the identification of appropriate
assessment measures in the needed languages through the
Office of Bilingual Education and Minority Language Affairs.
``(5) Each State plan shall include a description of how
the State will annually evaluate and report to the public
about the extent to which local educational agencies and
schools within the State which receive funds under this title
meet the State's opportunity-to-learn standards.
``(6) If a State has developed or adopted challenging
content and performance standards and an aligned set of
assessments for all students such as those developed under
title III of the Goals 2000: Educate America Act, or another
process, the State shall use such standards and assessments,
modified, if necessary, to conform with the requirements of
paragraphs (1)(A)(ii), (2), and (3).
``(7) If, after 2 years, a State does not have challenging
content and performance standards that meet the requirements
of paragraph (1) or after 3 years, a State does not have
assessments that meet the requirements of paragraph (3), a
State shall adopt a set of standards and aligned assessments
such as the standards and assessments contained in other
State plans that the Secretary has approved.
``(8)(A) If a State does not have assessments that meet the
requirements of paragraph (3), the State may propose to use
an interim set of yearly statewide assessments that will
assess the performance of complex skills and challenging
subject matter.
``(B) For any year during which a State is using an interim
assessment system, the State shall devise a means for
identifying schools and local educational agencies in need of
improvement under section 1116.
``(c) Other Provisions To Support Teaching And Learning.--
Each State plan shall also describe--
``(1)(A) the means by which the State educational agency
will work with other agencies, including educational service
agencies or other local consortia, and institutions to
provide technical assistance to local educational agencies
and schools to carry out the State educational agency's
responsibilities under this part, including assistance in
providing high quality professional development under section
1119 and technical assistance under section 1117; and
``(B)(i) where educational service agencies exist, the
State educational agency shall consider providing
professional development and technical assistance through
such agencies; and
``(ii) where educational service agencies do not exist, the
State educational agency shall consider providing
professional development and technical assistance through
other cooperative agreements such as a consortium of local
educational agencies;
``(2) the measure of poverty that local educational
agencies shall use which shall include such measures as the
number of children age 5 to 7 in poverty counted in the most
recent census data approved by the Secretary, the number of
children eligible to receive free and reduced price lunches
under the National School Lunch Act, the number of children
in families receiving assistance under Aid to Families With
Dependent Children or the number of children eligible to
receive medical assistance under the Medicaid program; or a
composite of such indicators;
``(3) how the State educational agency will notify local
educational agencies of the authority to operate schoolwide
programs, and fulfill its local educational agency and school
improvement responsibilities under section 1116, including
the corrective actions it will take under section 1116(d)(6);
``(4) how the State educational agency will encourage the
use of funds from other Federal, State, and local sources for
schoolwide reform in schoolwide programs under section 1114;
``(5) how the Committee of Practitioners established under
section 1601 was substantially involved in the development of
the plan and will continue to be involved in monitoring its
implementation by the State;
``(6) how the State educational agency will assess the
needs of local educational agencies serving rural areas, and
the plans the State educational agency has to meet those
needs;
``(7) how the State educational agency will assess the
needs of local educational agencies serving rural areas and
the plans the State educational agency has to meet those
needs; and
``(8) how the State educational agency will encourage the
establishment and operation of cooperative education,
mentoring, and apprenticeship programs, involving business
and industry.
``(d) Peer Review and Secretarial Approval.--The
Secretary--
``(1) shall establish a peer review process to assist in
the review and revision of State plans;
``(2) shall, following an initial peer review, approve a
State plan the Secretary determines meets the requirements of
subsections (a), (b), and (c);
``(3)(A) shall, if the Secretary determines that the State
plan does not meet the requirements of subsection (a), (b),
or (c), immediately notify the State of such determination
and the reasons for it;
``(B) shall not decline to approve a State's plan before
offering the State an opportunity to revise its plan or
application, provide technical assistance in order to assist
the State to meet the requirements under subsections (a),
(b), and (c) and a hearing; and
``(C) may withhold funds until determining that the plan
meets the requirements of this section, provided, however,
that the Secretary may not withhold funds on the basis of the
specific content of the opportunity-to-learn standards
adopted by a State under this section.
``(e) Duration of the Plan.--(1) Each State plan shall--
``(A) remain in effect for the duration of the State's
participation under this part; and
``(B) be periodically reviewed and revised by the State, as
necessary, to reflect changes in the State's strategies and
programs under this part.
``(2) If the State makes significant changes in its plan,
such as the adoption of new content and performance
standards, new assessments, or a new definition of adequate
progress, the State shall submit this information to the
Secretary for approval.
``(f) Nothing in this title shall be construed to authorize
an officer or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific instructional content or pupil performance
standards and assessments, curriculum, or program of
instruction as a condition of eligibility to receive funds
under this title.
``(g) Nothing in this title shall be construed to authorize
an officer, or employee of the Federal Government to mandate,
direct, or control a State, local educational agency, or
school's specific opportunity-to-learn standards as a
condition of eligibility to receive funds under this title.
``(h) If aggregate State expenditure by the State
educational agency for operation of elementary and secondary
education programs is less than the State educational
agency's aggregate Federal allocation for State operation of
all Federal elementary and secondary education programs, then
the State plan for title I must include assurances and
specific provisions for State expenditures for operation of
elementary and secondary education programs to equal or
exceed the level of Federal expenditures for such operation
by fiscal year 1999.
``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.
``(a) Plans Required.--(1) A local educational agency may
receive a subgrant under this part for any fiscal year only
if it has on file with the State educational agency a plan,
approved by the State educational agency, that--
``(A)(i) is integrated with the local educational agency's
plan, either approved or being developed, under title III of
the Goals 2000: Educate America Act, and satisfies the
requirements of this section that are not already addressed
by that State plan; and
``(ii) is integrated with local plans, if any, under the
School-to-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Education Act, to
the extent that such plans have not already been incorporated
into the local educational agency's plan under title III of
the Goals 2000: Educate America Act; or
``(B) if the local educational agency does not have an
approved plan under title III of the Goals 2000: Educate
America Act and is not developing such a plan--
``(i) is integrated with other local plans under this Act
and other plans, including those under the School-to-Work
Opportunities Act of 1993 and the Carl D. Perkins Vocational
and Applied Technology Education Act, where such plans exist;
and
``(ii) satisfies the requirements of this section.
``(2) The plan may be submitted as part of a consolidated
application under section 9302.
``(3) A local educational agency may satisfy all or part of
the requirements of this section by referencing applicable
sections of its approved plan under title III of the Goals
2000: Educate America Act.
``(b) Standards and Assessment Provisions.--Each local
educational agency plan shall include--
``(1) a description of its challenging content and
performance standards, if any, in the core subjects, in
addition to the content and performance standards adopted by
the State under section 1111, that the local educational
agency expects children served under this title to meet;
``(2) a description, based on the assessments described
under paragraph (3), of what constitutes adequate yearly
progress if a local educational agency elects to establish
such measures that are more stringent than the measures
described in the State plan under section 1111;
``(3) a description of additional high-quality student
assessments, if any, other than the assessments described in
the State plan under section 1111, that the local educational
agency and schools served under this part will use to--
``(A) determine the success of children served under this
title in meeting the State's performance standards;
``(B) assist in diagnosis, teaching, and learning in the
classroom in ways that best enable children served under this
title to meet State standards and do well in the local
curriculum; and
``(C) determine what revisions are needed to projects under
this part so that such children will meet the State's
performance standards; and
``(4) a description of the strategies the local educational
agency will use to implement opportunity-to-learn standards
for all students served under this title.
``(c) Other Provisions To Support Teaching and Learning.--
(1) To ensure high-quality instruction to enable
participating children to meet the State's challenging
performance standards expected of all students, each local
educational agency plan shall describe a coherent strategy
for intensive and sustained professional development for
teachers, administrators, and other staff, including staff of
such agency, in accordance with section 1119.
``(2) Each local educational agency plan shall describe how
the local educational agency will--
``(A) notify schools of the authority to operate schoolwide
programs;
``(B) work in consultation with schools as the schools
develop their plans pursuant to section 1114 or 1115 and
assist schools as they implement such plans so that each
school can make adequate yearly progress toward meeting the
State's standards; and
``(C) fulfill its school improvement responsibilities under
section 1116, including the corrective actions it will take
under section 1116(c)(5).
``(3) To address the comprehensive needs of children served
under this title, each local educational agency plan shall
describe how the local educational agency will--
``(A) coordinate and integrate services provided under this
part with other educational services at the local educational
agency or individual school level, including--
``(i) Even Start, Head Start, and other preschool programs,
including plans for the transition of participants in such
programs to local elementary school programs, vocational
education programs, and school-to-work transition programs;
and
``(ii) services for children with limited English
proficiency or with disabilities, migratory children served
under part C of this title or who were formerly eligible for
services under part C in the 2-year period preceding the date
of the enactment of this title, delinquent youth and youth at
risk of dropping out served under part D of this title,
homeless children, and immigrant children in order to
increase program effectiveness, eliminate duplication, and
reduce fragmentation of the children's instructional program;
``(B) coordinate and collaborate with other agencies
providing services to children, youth, and families,
including health and social services.
``(4) The local educational agency plan also shall include
a description of--
``(A) the poverty criteria that will be used to select
school attendance areas under section 1113;
``(B) the multiple criteria that will be used by targeted
assistance schools under section 1115 to identify children
eligible for services under this part;
``(C) the nature of the programs to be conducted by its
schools under sections 1114 and 1115 and services outside
such schools for children in local institutions for neglected
or delinquent children and eligible homeless children, in
accordance in section 1115(b)(2)(D);
``(D) how the local educational agency will ensure that
migratory children and formerly migratory children who are
eligible to receive services under this part are selected to
receive such services on the same basis as other children who
are selected to receive services under this part;
``(E) how a school that plans to serve preschool children
through the Head Start or Even Start programs will use its
funds to expand such programs to serve preschool children
from its attendance area that otherwise would not have been
served or increase the level of service to children presently
being served;
``(F) how the local educational agency will provide
services to eligible children attending private elementary
and secondary schools in accordance with section 1120, and
how timely and meaningful consultation with private school
officials regarding such services will occur; and
``(G) the number of schoolwide programs that will be
operating in the local educational agency.
``(d) Plan Development and Duration.--Each local
educational agency plan shall--
``(1) be developed in consultation with teachers, including
vocational teachers, where appropriate, and parents of
children in schools served under this part; and
``(2)(A) remain in effect for the duration of the local
educational agency's participation under this part; and
``(B) periodically be reviewed and revised, as necessary,
to reflect changes in the local educational agency's
strategies and programs.
``(e)(1) State Approval.--The State educational agency
shall approve a local educational agency's plan only if the
State educational agency determines that the plan will enable
schools served under this part to substantially help children
served under this title to meet the State's challenging
performance standards expected of all children.
``(2) The State educational agency shall review the local
educational agency's plan to determine if such agency's
professional development activities are in accordance with
section 1119.
``(f) Program Responsibility.--The local educational agency
plan shall reflect the shared responsibility of schools,
teachers, and the local educational agency in making
decisions required under sections 1114 and 1115.
``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
``(a) In General.--(1)(A)(i) A local educational agency
shall use funds received under this part only in school
attendance areas with high concentrations of children from
low-income families, hereafter in this section referred to as
`eligible school attendance areas'.
``(ii) For the purposes of this part--
``(I) `school attendance area' means, in relation to a
particular school, the geographical area in which the
children who are normally served by such school reside; and
``(II) `eligible school attendance area' means a school
attendance area in which the percentage of children from low-
income families is at least as high as the percentage of
children from low-income families in the local educational
agency as a whole.
``(B) If funds allocated in accordance with subsection (c)
are insufficient to serve all eligible school attendance
areas, a local educational agency shall--
``(i) annually rank, without regard to grade spans, its
eligible school attendance areas in which the concentration
of children from low-income families exceeds 75 percent from
highest to lowest according to the percentage of children
from low-income families; and
``(ii) serve such eligible school attendance areas in rank
order.
``(C) If funds remain after serving all eligible school
attendance areas under subparagraph (B), a local educational
agency shall--
``(i) annually rank its remaining eligible school
attendance areas from highest to lowest either by grade span
or for the entire local educational agency according to the
percentage of children from low-income families; and
``(ii) serve such eligible school attendance areas in rank
order either within each grade-span grouping or within the
local educational agency as a whole.
``(2) The local educational agency shall use as the measure
of poverty, the number of children ages 5-17 in poverty
counted in the most recent census data approved by the
Secretary, the number of children eligible for free and
reduced priced lunches under the National School Lunch Act,
the number of children in families receiving assistance under
Aid to Families with Dependent Children or the number of
children eligible to receive medical assistance under the
Medicaid program, or a composite of such indicators, with
respect to all school attendance areas in the local
educational agency--
``(A) to identify eligible school attendance areas;
``(B) to determine the ranking of each area; and
``(C) to determine allocations under subsection (c).
``(3) This subsection shall not apply to a local
educational agency with a total enrollment of less than 1,000
children.
``(b) Local Educational Agency Discretion.--Notwithstanding
subsection (a)(1), a local educational agency may--
``(1) designate as eligible any school attendance area or
school in which at least 50 percent of the children are from
low-income families;
``(2) use funds received under this part in a school that
is not in an eligible school attendance area, if the
percentage of children from low-income families enrolled in
the school is equal to or greater than the percentage of such
children in a participating school attendance area of such
agency; and
``(3)(A) elect not to serve an eligible school attendance
area or eligible school that has a higher percentage of
children from low-income families if--
``(i) the school meets the comparability requirements of
section 1121(c);
``(ii) the school is receiving supplemental funds from
other State or local sources that are spent according to the
requirements of section 1114 or 1115; and
``(iii) the funds expended from such other sources equal or
exceed the amount that would be provided under this part.
``(B) Notwithstanding subparagraph (A), the number of
children attending private elementary and secondary schools
who are to receive services, and the assistance they are to
receive under this part, shall be determined without regard
to whether the public school attendance area in which such
children reside is passed over under this paragraph.
``(c) Allocations.--(1) A local educational agency shall
allocate funds received under this part to eligible school
attendance areas or eligible schools, identified under
subsection (a) or (b), in rank order, on the basis of the
total number of children from low-income families in each
area or school.
``(2)(A) Except as provided in subparagraph (B), the per-
pupil amount of funds allocated to each school attendance
area or school under paragraph (1) shall be not less than 80
percent of the per-pupil amount of funds the local
educational agency received for such year under sections
1124, 1124A, and 1125.
``(B) A local educational agency may reduce the amount of
funds allocated under subparagraph (A) for a school
attendance area or school by the amount of any supplemental
State and local funds expended in such school attendance area
or school for programs that meet the requirements of section
1114 or 1115.
``(3) A local educational agency shall reserve such funds
as are necessary under this part to provide services
comparable to the services provided to children in schools
funded under this part to serve--
``(A) homeless children in accordance with section
1115(b)(2)(D); and
``(B) children in local institutions for delinquent
children.
``SEC. 1114. SCHOOLWIDE PROGRAMS.
``(a) Use of Funds for Schoolwide Programs.--(1) A local
educational agency may use funds under this part, in
combination with other Federal, State, and local funds, to
upgrade the entire educational program in an eligible school
if, for the initial year of the schoolwide program, the
school meets the following criteria:
``(A) For the school year 1995-96--
``(i) the school serves an eligible school attendance area
in which at least 65 percent of the children are from low-
income families; or
``(ii) at least 65 percent of the children enrolled in the
school are from such families.
``(B) For school year 1996-97 and thereafter, the
percentage requirement of clauses (i) and (ii) of
subparagraph (A) shall be 60 percent.
``(2) The provisions of paragraph (1) notwithstanding, a
local educational agency may start new schoolwide programs
only after the State educational agency provides written
information to each local educational agency in the State
that--
``(A) demonstrates that such State agency has established
the statewide system of support and improvement required by
section 1117; and
``(B) describes how such statewide system has the
capability of providing on-site assistance if necessary to
each eligible school, including a listing of school support
teams and the eligible schools assigned to each such team.
``(3) A schoolwide program school shall use such funds only
to supplement the amount of funds that would, in the absence
of funds under this part, be made available from non-Federal
sources for the school, including funds needed to provide
services that are required by law for children with
disabilities and children with limited English proficiency.
``(4) A school may use funds received under any
noncompetitive, formula-grant program administered by the
Secretary, excluding programs under the Individuals With
Disabilities Education Act, and any discretionary program
contained on a list (updated as necessary) issued by the
Secretary to support a schoolwide program, notwithstanding
any provision of the statute or regulations governing any
such program.
``(b) Components of a Schoolwide Program.--(1) A schoolwide
program shall include the following components:
``(A) A comprehensive needs assessment of the entire school
that is based on information on the performance of children
in relation to the State's standards.
``(B) Schoolwide reform strategies that--
``(i) provide opportunities for all children to meet the
State's `proficient' and `advanced' performance standards
expected of all children;
``(ii) are based on research on effective means of
improving the achievement of children;
``(iii) use effective instructional strategies which may
include the integration of vocational and academic learning
(including applied learning and team teaching strategies)
that increase the amount and quality of learning time, such
as providing an extended school year and before- and after-
school programs and opportunities, and help provide an
enriched and accelerated curriculum rather than remedial
drill and practice, and that incorporate gender-equitable
methods and practices;
``(iv) address the needs of all children in the school, but
particularly the needs of low-achieving children, children
with limited-English proficiency, children from migratory
families, and children who are members of the target
population of any program that is included in the schoolwide
program, address how the school will determine if such needs
have been met, describe the current program being offered to
limited-English proficient students, and address how the
school will build upon, expand, or coordinate the schoolwide
program with the current program; and
``(v) are consistent with, and are designed to implement,
the State and local reform plans, if any, approved under
title III of the Goals 2000: Educate America Act.
``(C) Instruction by highly qualified professional staff.
``(D) Intensive and sustained professional development for
teachers, principals, and other staff, including aides, in
accordance with section 1119, to enable all children in the
school to meet the State's performance standards.
``(E) Strategies to increase parental involvement,
including family literary services.
``(F) Plans for assisting preschool children in the
transition from early childhood programs, such as Head Start,
Even Start, or a State-run preschool program, to local
elementary school programs.
``(G) Additionally, in schools serving children beyond
grade six, in coordination with funds available from other
programs and, as appropriate, drawing on private and public
organizations--
``(i) counseling and mentoring services;
``(ii) college and career awareness, exploration, and
preparation, such as college and career guidance,
comprehensive career development, enhancement of
employability and occupational skills, personal finance
education, job placement services, and innovative teaching
methods which may include applied learning and team teaching
strategies; and
``(iii) services to prepare students for the transition
from school to work, including the formation of partnerships
between elementary, middle, and secondary schools and local
businesses, and the integration of school-based and work-
based learning.
``(2)(A) Any eligible school that desires to operate a
schoolwide program shall first develop, in consultation with
the local educational agency, a comprehensive plan for
reforming the total instructional program in the school
that--
``(i) incorporates the components described in paragraph
(1);
``(ii) describes how the school will use resources under
this part and from other sources to implement such
components;
``(iii) includes a list of State and local educational
agency programs and other Federal programs under paragraph
(a)(3) that will be included in the schoolwide program; and
``(iv) describes how the school will provide individual
student assessment results, including an interpretation of
those results, to the parents of a child who participates in
the assessment required by section 1111(b)(3).
``(B) Plans developed before a State has adopted standards
and a set of assessments that meet the criteria in section
1111(b) (1) and (3) shall be based on an analysis of
available data on the achievement of students in the school
and a review of the school's instructional practices in the
context of available research on effective instructional and
school improvement practices.
``(C) The comprehensive plan shall be--
``(i) developed during a one-year period, unless--
``(I) the local educational agency, based on the
recommendation of the technical assistance providers under
section 1117, determines that less time is needed to develop
and implement the schoolwide program; or
``(II) the school is operating a schoolwide program at the
time this section takes effect, in which case it may continue
to operate such program, but shall develop a new plan during
the first year to reflect the provisions of this section;
``(ii) developed with the involvement of the community to
be served and individuals who will carry it out, including
teachers, principals, other staff, parents, and, if the plan
relates to a secondary school, students from the school;
``(iii) reviewed and revised, as necessary, by the school;
``(iv) made available to parents and the public with the
information contained in such plan translated, to the extent
feasible, into any language that a significant percentage of
the parents of participating children in the school speak as
their primary language; and
``(v) developed where appropriate in coordination with
programs under the School-to-Work Opportunities Act, the Carl
D. Perkins Vocational and Applied Technology Education Act,
and the National and Community Service Trust Fund Act.
``(c) Accountability.--
``(1) As provided in subsection (c) of section 1116, each
schoolwide program shall be subject to school improvement for
failure to make adequate progress for two consecutive years.
``(2) A schoolwide program identified for school
improvement under such subsection that has not made adequate
progress by the third year following such identification
shall forfeit its schoolwide status in addition to corrective
actions, if any, taken by the local educational agency.
``(3) A school that has forfeited its schoolwide status may
not regain such status until such school shows improvement by
making adequate progress for one year.
``SEC. 1115. TARGETED ASSISTANCE SCHOOLS.
``(a) In General.--In all schools selected to participate
under section 1113 that are ineligible for a schoolwide
program, or that choose not to operate a schoolwide program,
a local educational agency may use funds received under this
part only for programs that provide services to eligible
children identified as having the greatest need for special
assistance.
``(b) Eligible Children.--(1)(A) The eligible population
for services under this part is--
``(i) children up to age 21 who are entitled to a free
public education through grade 12; and
``(ii) children who are not yet at a grade level where the
local educational agency provides a free public education,
yet are of an age at which they can benefit from an organized
instructional program provided in a school or other
educational setting.
``(B) From the population described in subparagraph (A),
eligible children are children identified by the school as
failing, or most at risk of failing, to meet the State's
challenging performance standards on the basis of multiple,
educationally related, objective criteria established by the
local educational agency and supplemented by the school,
except that children from preschool through grade two shall
be selected solely on the basis of such criteria as teacher
judgment, interviews with parents, and developmentally
appropriate measures.
``(2)(A)(i) Children receiving services to overcome a
disability or limited English proficiency are eligible for
services under this part on the same basis as other children
selected to receive services under this part.
``(ii) Funds received under this part may not be used to
provide services that are otherwise required by law to be
made available to such children.
``(B) A child who, at any time in the previous two years,
participated in a Head Start, Even Start, or State-run
preschool program shall be automatically eligible for
services under this part;
``(C)(i) A child who, at any time in the previous two years
received services under the program for delinquent youth and
youth at risk of dropping out under part D of this title (or
its predecessor authority) may be eligible for services under
this part.
``(ii) Any child in a local institution for neglected or
delinquent children or attending a community day program for
such children is eligible for services under this part.
``(D) A local educational agency shall use funds received
under this part to serve eligible homeless children who
attend a school in the local educational agency that receives
funds under this title. To the extent feasible, a local
educational agency shall use funds received under this part
to serve eligible homeless children who attend schools in
noneligible attendance areas, including providing
educationally related support services to children in
shelters, where appropriate.
``(c) Components of a Targeted Assistance School Program.--
(1) To assist targeted assistance schools and local
educational agencies to meet their responsibility to provide
all students with the opportunity to meet the State's
challenging performance standards, each targeted assistance
program under this section shall--
``(A) use its resources under this part to help
participating children meet the challenging performance
standards expected for all children;
``(B) be based on research on effective means for improving
achievement of children;
``(C) use effective instructional strategies that--
``(i) give primary consideration to providing extended
learning time such as an extended school year and before- and
after-school programs and opportunities;
``(ii) involve an accelerated, high-quality curriculum,
including applied learning, rather than remedial drill and
practice; and
``(iii) minimize removing children from the regular
classroom for instruction provided under this part;
``(D) be coordinated with and support the regular program
in providing an enriched and accelerated curriculum for
eligible children;
``(E) provide instruction by highly qualified professional
staff;
``(F) provide opportunities for intensive and sustained
professional development in accordance with section 1119 with
resources under this part and from other sources for
administrators and for teachers and other school staff who
work with participating children in programs under this
section or in the regular education program;
``(G) provide strategies to increase parental involvement,
including family literary services;
``(H) provide plans for assisting preschool children in the
transition from early childhood programs, such as Head Start,
Even Start, or a State-run preschool program, to local
elementary school programs; and
``(I) include, additionally, in schools serving children
beyond grade six, in coordination with funds available from
other programs and, as appropriate, drawing on private and
public organizations--
``(i) counseling and mentoring;
``(ii) college and career awareness and preparation, such
as college and career guidance, comprehensive career
development, enhancement of employability skills, personal
finance education, and job placement services; and
``(iii) services to prepare students for the transition
from school to work, including the formation of partnerships
between elementary, middle, and secondary schools and local
businesses.
``(2)(A) Each school conducting a program under this
section shall develop, in consultation with the local
educational agency, a plan to assist participating children
to meet the State's `proficient' and `advanced' performance
standards that describes--
``(i) the selection of children to participate in
accordance with subsection (b);
``(ii) the program to be conducted that incorporates the
components described in paragraph (1) and how the resources
provided under this part will be coordinated with other
resources to enable the children served to meet the State's
standards;
``(iii) how the school will review, on an ongoing basis,
the progress of participating children and revise the
program, if necessary, to provide additional assistance to
enable such children to meet the State's challenging
performance standards such as an extended school year and
before- and after-school programs and opportunities, training
for teachers regarding how to identify students that require
additional assistance, and training for teachers regarding
how to implement performance standards in the classroom; and
``(iv) if the school is eligible to operate a schoolwide
program under section 1114, why it chose not to do so.
``(B) Plans developed before a State has adopted standards
and a set of assessments that meet the criteria of section
1111(b) (1) and (3) shall be based on an analysis of
available data on the achievement of participating children
and a review of the school's instructional practices in the
context of available research on effective instructional
practices.
``(C) Each plan shall be--
``(i) developed with the involvement of the community to be
served and the individuals who will carry it out, including
teachers, administrators, other staff, parents,
representatives from business and industry, and, if the plan
relates to a secondary school, students from the school;
``(ii) approved by the local educational agency and made
available to parents and the information contained therein
translated, to the extent feasible, into any language that a
significant percentage of the parents of participating
children in the school speak as their primary language; and
``(iii) reviewed and revised, as necessary, by the school.
``(d) Assignment of Personnel.--To promote the integration
of staff paid with funds under this part and children served
under this part into the regular school program and overall
school planning and improvement efforts, public school
personnel who are paid with funds received under this part
may--
``(1) assume limited duties that are assigned to similar
personnel who are not so paid, including duties beyond
classroom instruction or that do not benefit participating
children so long as the amount of time spent on such duties
is the same proportion of total work time as prevails with
respect to similar personnel at the same school;
``(2) participate in general professional development and
school planning activities; and
``(3) collaboratively teach with regular classroom
teachers, so long as their efforts directly benefit
participating children.
``SEC. 1116. ASSESSMENT AND SCHOOL AND LOCAL EDUCATIONAL
AGENCY IMPROVEMENT.
``(a) Local Review.--Each local educational agency
receiving funds under this part shall--
``(1) use the State assessments described in the State plan
and any additional measures described in the local
educational agency's plan to review annually the progress of
each school served under this part to determine whether the
school is meeting, or making adequate progress as defined in
section 1111(b)(2)(A)(i) or section 1112(b)(2), as
appropriate, toward enabling its students to meet, the
State's performance standards;
``(2) review annually the progress of each school which
receives funds under this title in meeting State opportunity-
to-learn standards;
``(3) publicize and disseminate to teachers, parents,
students, and the community the results of the annual review
under paragraphs (1) and (2) of all schools served under this
part in individual school performance profiles that include
disaggregated results as required by section 1111(b)(3)(G);
and
``(4) provide the results of the local annual review to
schools so that they can continually refine the program of
instruction to help all children in such schools to meet the
State's high performance standards.
``(b) Designation of Distinguished Schools.--Each State
educational agency and local educational agency receiving
funds under this part shall designate distinguished schools
in accordance with section 1117.
``(c) School Improvement.--(1) A local educational agency
shall identify for school improvement any school served under
this part that--
``(A) has been in program improvement under section 1021 of
chapter 1 of title I of the Elementary and Secondary
Education Act of 1965, as in effect before the effective date
of the Improving America's Schools Act of 1994, for at least
two consecutive school years prior to such date;
``(B) has not made adequate progress as defined in the
State's plan under section 1111(b)(2)(A)(i) or section
1112(b)(2), as appropriate, for two consecutive school years;
or
``(C) has failed to meet the criteria established by the
State through its interim procedure under section
1111(b)(5)(C) for two consecutive years.
``(2) A school shall not be identified for school
improvement if virtually all its students meet the State's
advanced performance standards.
``(3)(A) Each school identified under paragraph (1) shall--
``(i) in consultation with parents, the local educational
agency, and, for schoolwide programs, the school support
team, revise its school plan under section 1114 or 1115 in
ways that have the greatest likelihood of improving the
performance of participating children in meeting the State's
performance standards; and
``(ii) submit the revised plan to the local educational
agency for approval.
``(B) Before identifying a school for program improvement
under paragraph (1), the local educational agency shall
provide the school with an opportunity to review the school-
level data, including assessment data, on which such
identification would be based. If the school believes that
its identification for school improvement would be in error,
it may provide evidence to the local educational agency to
support such belief.
``(C) During the first year immediately following
identification under paragraph (1), the school shall
implement its revised plan.
``(4) For each school identified under paragraph (1), the
local educational agency shall make technical assistance
available as the school determines why the school's plan
failed to bring about increased achievement and develop and
implement its revised plan. Such technical assistance may be
provided directly by the local educational agency, through
mechanisms authorized under section 1117, or by an
institution of higher education, a private nonprofit
organization, an educational service agency, Federal
technical assistance centers under part D of title II of this
Act, or other entities with experience in helping schools
improve achievement.
``(5)(A) After providing technical assistance pursuant to
paragraph (4) and other remediation measures, the local
educational agency may take corrective action at any time
against a school that has been identified under paragraph
(1), but, during the third year following identification
under paragraph (1), shall take such action against any
school that still fails to make adequate progress.
``(B) Corrective actions are those listed in the local
educational agency plan adopted in compliance with State law,
which may include decreasing decisionmaking authority at the
school level, making alternative governance arrangements such
as the creation of a charter school, reconstituting the
school staff; and authorizing students to transfer, including
paying transportation costs to other schools in the local
educational agency.
``(6) The State educational agency shall--
``(A) make technical assistance under section 1117
available to the schools furthest from meeting the State's
standards, if requested by the school or local educational
agency; and
``(B) if it determines that a local educational agency
failed to carry out its responsibility under paragraphs (4)
and (5), take such corrective actions that it deems
appropriate.
``(7) Schools that for at least two of the three years
following identification under paragraph (1) make adequate
progress toward meeting the State's `proficient' and
`advanced' performance standards no longer need to be
identified for school improvement.
``(d) State Review and Local Educational Agency
Improvement.--(1) A State educational agency shall--
``(A) annually review the progress of each local
educational agency receiving funds under this part to
determine whether all students in schools receiving
assistance under this part are making adequate progress as
defined in section 1111(b)(2)(A)(ii) or section 1112(b)(2),
as appropriate, toward meeting the State's performance
standards; and
``(B) publicize and disseminate to teachers, parents,
students, and the community the results of the State review,
including disaggregated results, as required by section
1111(b)(3)(G).
``(2) In the case of a local educational agency that for
three consecutive years has a school or schools receiving
assistance under this part which have exceeded the State's
definition of adequate progress as defined in section
1111(b)(2)(A)(ii) or section 1112(b)(2), as appropriate, the
State may make institutional and individual rewards of the
kinds described for individual schools in subsection
1117(c)(2)(B).
``(3) A State educational agency shall identify for
improvement any local educational agency that--
``(A) for two consecutive years, has a school or schools
receiving assistance under this part that are not making
adequate progress as defined in section 1111(b)(2)(A)(ii) or
section 1112(b)(2), as appropriate, toward meeting the
State's performance standards; or
``(B) has failed to meet the criteria established by the
State through its interim procedure under section
1111(b)(8)(A) for two consecutive years.
``(4) Each local educational agency identified under
paragraph (3) shall, in consultation with schools, parents,
and educational experts, revise its local educational agency
plan under section 1112 in ways that have the greatest
likelihood of improving the performance of its schools in
meeting the State's performance standards.
``(5) For each local educational agency identified under
paragraph (3), the State educational agency shall--
``(A) determine why the local educational agency's plan
failed to bring about increased achievement;
``(B) provide technical assistance, if requested, as
authorized under section 1117 to better enable the local
educational agency to develop and implement its revised plan
and work with schools needing improvement; and
``(C) make available to the local educational agencies
furthest from meeting the State's standards, if requested,
assistance under section 1117.
Technical assistance under subparagraph (B) may be provided
by the State educational agency directly, or by an
institution of higher education, a private nonprofit
organization, an educational service agency or other local
consortium, a technical assistance center, or other entities
with experience in assisting local education agencies improve
achievement.
``(6)(A) After providing technical assistance pursuant to
paragraph (5) and other remediation measures, the State
educational agency may take corrective action at any time
against a local educational agency that has been identified
under paragraph (3), but, during the fourth year following
identification under paragraph (3), shall take such action
against any local educational agency that still fails to make
adequate progress.
``(B) Corrective actions are those listed in the State
educational agency plan adopted in compliance with State law,
which may include reconstitution of district personnel,
appointment by the State educational agency of a receiver or
trustee to administer the affairs of the local educational
agency in place of the superintendent and school board,
removal of particular schools from the jurisdiction of the
local educational agency and establishment of alternative
arrangements for governing and supervising such schools, the
abolition or restructuring of the local educational agency,
and the authorizing of students to transfer from 1 local
educational agency to another.
``(7) Local educational agencies that for at least two of
the three years following identification under paragraph (3)
make adequate progress toward meeting the State's standards
no longer need to be identified for local educational agency
improvement.
``(e) State Allocations for School Improvement.--From the
amount appropriated under section 1002(6) for any fiscal
year, each State shall be eligible to receive an amount that
bears the same ratio to the amount appropriated as the amount
allocated to the State under sections 1124, 1124A, and 1125
bears to the total amount allocated to all States under such
sections, except that each State shall receive at least
$180,000, or $30,000 in the case of Guam, American Samoa, the
Virgin Islands, the Northern Marianas, and Palau (until the
Compact of Free Association goes into effect).
``SEC. 1117. STATE ASSISTANCE FOR SCHOOL SUPPORT AND
IMPROVEMENT.
``(a) System for Support.--(1) Each State educational
agency shall establish a statewide system of intensive and
sustained support and improvement for schools receiving funds
under this title, including all schoolwide programs and all
schools in need of program improvement, in order to increase
the opportunity for all students in such schools to meet the
State's content and performance standards and opportunity-to-
learn standards.
``(2) Funds appropriated pursuant to section 1002(6) shall
be used to meet the requirements of this section. In addition
and notwithstanding section 1002(1), a State or local
educational agency may use funds made available under section
1002(1) and other available funds to meet such requirements.
``(b) Regional Centers.--Such a statewide system shall be
linked to and receive support and assistance from the
regional technical assistance centers authorized under part D
of title II and the regional labs authorized under section
205 of the General Education Provisions Act.
``(c) Provisions.--The system shall include at a minimum
the following:
``(1) School support teams.--
``(A) Each State, in consultation with local educational
agencies, shall establish a system of school support teams to
provide information and assistance to each schoolwide program
and to assist such program in providing an opportunity to all
students to meet the State's performance standards.
``(B) Each such team shall be composed of individuals with
experience in successfully improving the educational
opportunities for low achieving students, especially
individuals identified in paragraph (3), and individuals
knowledgeable about research and practice on teaching and
learning, including alternative and applied learning,
especially for low achieving students.
``(C) A school support team shall work with each school as
it develops its schoolwide program plan, review each plan,
and make recommendations to the school and the local
educational agency.
``(D) During the operation of the schoolwide programs, a
school support team shall periodically review the progress of
the school in enabling children in the school to meet the
State's performance standards, identify problems in the
design and operation of the instructional program, and make
suggestions for the improvement to the school and the local
educational agency.
``(2) Distinguished schools.--
``(A) Each State shall designate as a distinguished school
any school served under this part which, for 3 consecutive
years, has exceeded the State's definition of adequate
progress as defined in section 1111(b)(2), and, any school in
which virtually all students have met the State's advanced
performance standards and in which equity in participation
and achievement of students by sex has been achieved or
significantly improved.
``(B) Schools designated under this paragraph may serve as
models and provide support to other schools, especially
schoolwide programs and schools in program improvement, to
assist such schools in meeting the State's performance
standards.
``(C) States shall use funds available under section
1002(6) to allow schools identified under this paragraph to
carry out the activities described in subparagraph (B) and
may use such funds to provide awards to such schools to
further their education programs under this part, provide
additional incentives for continued success, and reward
individuals or groups in the school for exemplary
performance.
``(D) A local educational agency may also recognize the
success of a distinguished school by providing additional
institutional and individual rewards, such as greater
decisionmaking authority at the school building level,
increased access to resources or supplemental services such
as summer programs that may be used to sustain or increase
success, additional professional development opportunities,
opportunities to participate in special projects, and
individual financial bonuses.
``(3) Distinguished educators.--
``(A) In order to provide assistance to schools and local
educational agencies identified as needing improvement or
schoolwide programs, each State, in consultation with local
educational agencies and using funds available under section
1002(6), shall establish a corps of distinguished educators.
``(B) When possible, distinguished educators shall be
chosen from schools served under this part that have been
especially successful in enabling children to meet or make
outstanding progress toward meeting the State's performance
standards, such as the schools described in paragraph (2).
``(C) Distinguished educators shall provide, as part of the
statewide system, intensive and sustained assistance to the
schools and local educational agencies furthest from meeting
the State's standards and schoolwide programs as they develop
and implement their plans, including participation in the
support teams described in paragraph (1).
``(d) In order to implement this section, funds under
section 1002(6) may be used by a State for release time for
teachers and administrators, travel, training, and other
related costs.
``(e) Alternatives.--If a State has devised alternative or
additional approaches to providing the assistance described
in paragraphs (1) and (3) of subsection (c), such as
providing assistance through institutions of higher education
and educational service agencies or other local consortia,
the State may seek approval from the Secretary to use funds
authorized in section 1002(6) for such approaches as part of
the State plan.
``SEC. 1118. PARENTAL INVOLVEMENT.
``(a) In General.--A local educational agency may receive
funds under this part only if it implements programs,
activities, and procedures for the involvement of parents in
programs assisted under this title. Such activities shall be
planned and implemented with meaningful consultation with
parents of participating children.
``(b) Local Educational Agency Policy.--(1) Each local
educational agency that receives funds under this part shall
develop jointly with, and make available to, parents of
participating children a written parental involvement policy
that is incorporated into the local educational agency's plan
developed under section 1112, establishes the expectations
for parental involvement, and describes how the local
educational agency will--
``(A) involve parents in the development of the plan
described under section 1112, and the process of school
review and improvement described under section 1116;
``(B) provide the coordination, technical assistance, and
other support necessary to assist participating schools in
planning and implementing effective parent involvement;
``(C) build the schools' and parents' capacity for strong
parent involvement as described in subsection (f);
``(D) coordinate and integrate parental involvement
strategies in this part with parental involvement strategies
under other programs, including Head Start, Even Start, and
State-run preschool programs;
``(E) conduct, with the involvement of parents, an annual
evaluation of the content and effectiveness of the parental
involvement policy developed under this section in increasing
the participation of parents to identify barriers to greater
participation by parents in activities authorized by this
section, giving particular attention to parents who are
economically disadvantaged, are disabled, have limited-
English proficiency, have limited literacy, or are of any
racial or ethnic minority background and use the findings of
such reviews in designing strategies for school improvement.
``(2) If the local educational agency has an agency-wide
parental involvement policy that applies to all parents, it
may amend such policy, if necessary, to meet the requirements
of this subsection.
``(3) Each local educational agency shall reserve not less
than 1 percent of its allocation under this part for the
purposes of carrying out this section, including family
literacy and parenting skills.
``(c) School Parental Involvement Plan.--(1) Each school
served under this part shall jointly develop with, and make
available to, parents of participating children a written
parental involvement plan that shall be incorporated into the
school plan developed under section 1114 or 1115 and shall
describe the means for carrying out the requirements of
subsections (c) through (f).
``(2) If the school has a parental involvement policy that
applies to all parents, it may amend such policy, if
necessary, to meet the requirements of this subsection.
``(d) Policy Involvement.--Each school served under this
part shall--
``(1) convene an annual meeting, at a convenient time, to
which all parents of participating children shall be invited
and encouraged to attend, to inform parents of the school's
participation under this part and to explain this part, its
requirements, and the parent's right to be involved;
``(2) involve parents, in an organized, ongoing, and timely
way, in the planning, review, and improvement of programs
under this part, including the development of the school plan
under section 1114 or 1115 or if a school has in place a
process for involving parents in the planning and design of
its programs, the school may use such process, provided that
the process includes an adequate representation of parents of
participating children; and
``(3) provide parents of participating children--
``(A) timely information about programs under this part;
``(B) school performance profiles required under section
1116(a)(2) and individual student assessment results,
including an interpretation of such results, required under
section 1111(b)(3);
``(C) opportunities for regular meetings to formulate
suggestions, if such parents so desire; and
``(D) timely responses to parents' recommendations.
``(e) Shared Responsibilities for High Student
Performance.--As a component of the school-level parental
involvement plan developed under subsection (b), each school
served under this part shall jointly develop with parents for
all children a school-parent compact that outlines how
parents, the entire school staff, and students will share the
responsibility for improved student achievement and the means
by which the school and parents will build and develop a
partnership to help children achieve the State's high
standards. Such compact shall--
``(1) describe the school's responsibility to provide high-
quality curriculum and instruction in a supportive and
effective learning environment that enable the children to
meet the State's challenging performance standards, and the
ways in which each parent will be responsible for supporting
his or her children's learning, including monitoring
attendance, homework completion, television watching, and
positive use of extracurricular time; and
``(2) address the importance of communication between
teachers and parents on an ongoing basis through at a
minimum--
``(A) parent-teacher conferences in elementary schools, at
least annually, during which the compact shall be discussed
as it relates to the individual child's achievement;
``(B) frequent reports to parents on their children's
progress; and
``(C) reasonable access to staff and observation of
classroom activities.
``(f) Building Capacity for Involvement.--To ensure
effective involvement of parents and to support a partnership
among the school, parents, and the community to improve
student achievement, each school and local educational
agency--
``(1) shall provide assistance to participating parents in
such areas as understanding the National Education Goals, the
State's content and performance standards, opportunity-to-
learn standards, State and local assessments, the
requirements of this part, and how to monitor a child's
progress and work with educators to improve the performance
of their children;
``(2) shall provide materials and training, including--
``(A) coordinating necessary literacy training from other
sources to help parents work with their children to improve
their children's achievement; and
``(B) training to enable parents to work more effectively
with teachers, schools, and school systems;
``(3) shall educate teachers, principals, and other staff
in the value and utility of contributions of parents, and in
how to reach out to, communicate with, and work with parents
as equal partners, implement and coordinate parent programs,
and build ties between home and school;
``(4) shall develop appropriate roles for community-based
organizations and businesses in parent involvement
activities, including providing information about
opportunities for them to work with parents and schools, and
encouraging the formation of partnerships between elementary,
middle, and secondary schools and local businesses that
include a role for parents;
``(5) shall ensure, to the extent possible, that
information related to school and parent programs, meetings,
and other activities is sent to the homes of participating
children in the language used in such homes;
``(6) shall involve parents in the development of training
for teachers, principals, and other educators for the purpose
of improving the effectiveness of such training in improving
instruction and services to the children of such parents;
``(7) may provide necessary literacy training from funds
received under this part if the local educational agency has
exhausted all other reasonably available sources of funding
for such activities;
``(8) may pay reasonable and necessary expenses associated
with local parental involvement activities, including
transportation and child care costs to enable parents to
participate in school-related meetings and training sessions;
``(9) may coordinate and integrate parent involvement
programs and activities with Head Start, Even Start, and
State-run preschool programs;
``(10) may train and support parents to enhance the
involvement of other parents;
``(11) may arrange meetings at a variety of times, such as
in the mornings and evenings in order to maximize
opportunities of parents to participate in school related
activities;
``(12) may arrange for teachers or other educators, who
work directly with participating children, to conduct in-home
conferences with parents who are unable to attend such
conferences at school; and
``(13) may adopt and implement model approaches to
improving parental involvement such as Even Start.
``(g) Accessibility.--In carrying out the parental
involvement requirements of this part, local educational
agencies and schools shall, to the extent practicable, ensure
that parents of limited-English proficient children or
disabled children are afforded the same access to parental
involvement opportunities as their children are afforded to
other programs funded under this part, including the
provision of information in a language and form that the
parents of such children can understand.
``SEC. 1119. PROFESSIONAL DEVELOPMENT.
``(a) Program Requirements.--(1) Local educational agencies
receiving assistance under this part shall provide high-
quality, sustained professional development that will improve
the teaching of the core academic subjects, consistent with
the State content standards, in order to enable all children
to meet the State's performance standards.
``(2) Professional development activities shall be designed
by teachers and other school staff in schools receiving
assistance under this part.
``(b) Professional Development Activities.--
``(1) Professional development activities shall--
``(A) support instructional practices that are geared to
challenging State content standards and create a school
environment conducive to high achievement in the core
academic subjects;
``(B) support local educational agency plans under section
1112 and school plans under sections 1114 and 1115;
``(C) draw on resources available under this part, title
III of the Goals 2000: Educate American Act, part A of title
II of this Act, and from other sources;
``(D) where appropriate, include strategies for developing
curricula and teaching methods that integrate academic and
vocational instruction (including applied learning and team
teaching strategies); and
``(E) include strategies for identifying and eliminating
gender and racial bias in instructional materials, methods,
and practices.
``(2) Professional development activities may include--
``(A) instruction in the use of assessments;
``(B) instruction in ways that teachers, principals, and
school administrators may work more effectively with parents;
``(C) the forming of partnerships with institutions of
higher education to establish school-based teacher training
programs that provide prospective teachers and novice
teachers with an opportunity to work under the guidance of
experienced teachers and college faculty;
``(D) instruction in the use of technology;
``(E) the creation of career ladder programs for
paraprofessionals (assisting teachers under this part) to
obtain the education necessary for them to become licensed
and certified teachers;
``(F) instruction in ways to teach special needs children;
``(G) instruction in gender-equitable education methods,
techniques, and practices;
``(H) joint professional development activities involving
programs under this part, Head Start, Even Start, or State-
run preschool program personnel; and
``(I) instruction in experiential-based teaching methods
such as service learning.
``(c) Program Requirements.--Programs should be designed so
that--
``(1) all school staff in schoolwide program schools can
participate in professional development activities;
``(2) all school staff in targeted assistance schools may
participate in professional development activities if such
participation will result in better addressing the needs of
students served under this part.
``(d) Parental Participation.--Parents may participate in
professional development activities under this part if the
school determines that parental participation would be
appropriate.
``(e) Consortia.--In carrying out such professional
development programs, local educational agencies may provide
such services through consortia arrangements with other local
educational agencies, educational service agencies or other
local consortia, institutions of higher education or other
public or private institutions or organizations.
``(f) Effective Teaching Strategies.--Knowledge of
effective teaching strategies that is gained through
professional development activities under this section may be
shared with teachers who are not participating in schoolwide
or targeted assistance programs under this part.
``(g) Combinations of Funds.--Funds provided under this
part that are used for professional development purposes may
be combined with funds provided under part A of title II of
this Act, title III of the Goals 2000: Educate America Act,
and other sources.
``(h)(1) The State educational agency shall review the
local educational agency's plan to determine if such agency's
professional development activities--
``(A) are tied to challenging State student content and
performance standards and opportunity-to-learn standards;
``(B) reflect recent research on teaching and learning;
``(C) are of sufficient intensity and duration to have a
positive impact on the teacher's performance in the
classroom;
``(D) are part of the everyday activities of the school and
create an orientation toward continuous improvement in the
classroom or throughout the school;
``(E) include methods to teach children with special needs;
``(F) are developed with the extensive participation of
teachers; and
``(G) include gender-equitable education methods,
techniques, and practices.
``(2) If a local educational agency's plan for professional
development does not meet such criteria, the State
educational agency shall assist such local educational
agencies in making progress toward inclusion of such elements
in the local educational agency's professional development
activities.
``(i) Instructional Aides.--(1) If a local educational
agency uses funds received under this part to employ
instructional aides, the local educational agency shall
ensure that such aides--
``(A) possess the knowledge and skills sufficient to assist
participating children in meeting the educational goals of
this part;
``(B)(i) have a high school diploma, a General Education
Development certificate, or earn either within 2 years of
employment, except that
``(ii) a local educational agency may employ an
instructional aide that does not meet the requirement in
clause (i) if such aide possesses proficiency in a language
other than English that is needed to enhance the
participation of children in programs under this part; and
``(C) are under the direct supervision of a teacher who has
primary responsibility for providing instructional services
to eligible children.
``(2) Local educational agencies receiving funds under this
part shall include instructional aides in professional
development activities.
``SEC. 1120. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE
SCHOOLS.
``(a) General Requirement.--(1) To the extent consistent
with the number of eligible children identified under section
1115(b) in a local educational agency who are enrolled in
private elementary and secondary schools, a local educational
agency shall, after timely and meaningful consultation with
appropriate private school officials, provide such children,
on an equitable basis, special educational services or other
benefits under this part (such as dual enrollment,
educational radio and television, computer equipment and
materials, other technology, and mobile educational services
and equipment).
``(2) The educational services or other benefits, including
materials and equipment, must be secular, neutral, and
nonideological.
``(3) Educational services and other benefits for such
private school children shall be equitable in comparison to
services and other benefits for public school children
participating under this part.
``(4) Expenditures for educational services and other
benefits to eligible private school children shall be equal
to the proportion of funds allocated to participating school
attendance areas based on the number of children from low-
income families who attend private schools.
``(5) The local educational agency may provide such
services directly or through contracts with public and
private agencies, organizations, and institutions.
``(b) Public Control of Funds.--(1) The control of funds
provided under this part, and title to materials, equipment,
and property purchased with such funds, shall be in a public
agency, and a public agency shall administer such funds and
property.
``(2)(A) The provision of services under this section shall
be provided--
``(i) by employees of a public agency; or
``(ii) through contract by such public agency with an
individual, association, agency, or organization.
``(B) In the provision of such services, such employee,
person, association, agency, or organization shall be
independent of such private school and of any religious
organization, and such employment or contract shall be under
the control and supervision of such public agency.
``(c) Standards for a Bypass.--If a local educational
agency is prohibited by law from providing for the
participation on an equitable basis of eligible children
enrolled in private elementary and secondary schools or if
the Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for such
participation, as required by this section, the Secretary
shall--
``(1) waive the requirements of this section for such local
educational agency; and
``(2) arrange for the provision of services to such
children through arrangements that shall be subject to the
requirements of this section and sections 9505 and 9506 of
this Act.
``(d) Capital Expenses.--(1)(A) From the amount
appropriated for this subsection under section 1002(5) for
any fiscal year, each State is eligible to receive an amount
that bears the same ratio to the amount so appropriated as
the number of private school children who received services
under this part in the State in the most recent year for
which data satisfactory to the Secretary are available bears
to the number of such children in all States in that same
year.
``(B) The Secretary shall reallocate any amounts allocated
under subparagraph (A) that are not used by a State for the
purpose of this subsection to other States on the basis of
their respective needs, as determined by the Secretary.
``(2)(A) A local educational agency may apply to the State
educational agency for payments for capital expenses
consistent with this subsection.
``(B) State educational agencies shall distribute such
funds to local educational agencies based on the degree of
need set forth in their respective applications.
``(3) Any funds appropriated to carry out this subsection
shall be used only for capital expenses incurred to provide
equitable services for private school children under this
section.
``(4) For the purpose of this subsection, the term `capital
expenses' is limited to--
``(A) expenditures for noninstructional goods and services,
such as the purchase, lease, or renovation of real and
personal property, including, but not limited to, mobile
educational units and leasing of neutral sites or spaces;
``(B) insurance and maintenance costs;
``(C) transportation; and
``(D) other comparable goods and services.
``SEC. 1121. FISCAL REQUIREMENTS.
``(a) Maintenance of Effort.--A local educational agency
may receive funds under this part for any fiscal year only if
the State educational agency finds that the local educational
agency has maintained its fiscal effort in accordance with
section 9501 of this Act, including such effort for
professional development activities.
``(b) Federal Funds To Supplement, Not Supplant, Non-
Federal Funds.--(1)(A) Except as provided in subparagraph
(B), a State or local educational agency shall use funds
received under this part only to supplement the amount of
funds that would, in the absence of such Federal funds, be
made available from non-Federal sources for the education of
pupils participating in programs assisted under this part,
and not to supplant such funds.
``(B) For the purpose of complying with subparagraph (A), a
State or local educational agency may exclude supplemental
State and local funds expended in any eligible school
attendance area or school for programs that meet the
requirements of section 1114 or 1115.
``(2) No local educational agency shall be required to
provide services under this part through a particular
instructional method or in a particular instructional setting
in order to demonstrate its compliance with paragraph (1).
``(c) Comparability of Services.--(1)(A) Except as provided
in paragraphs (4) and (5), a local educational agency may
receive funds under this part only if State and local funds
will be used in schools served under this part to provide
services that, taken as a whole, are at least comparable to
services in schools that are not receiving funds under this
part.
``(B) If the local educational agency is serving all of its
schools under this part, such agency may receive funds under
this part only if it will use State and local funds to
provide services that, taken as a whole, are substantially
comparable in each school.
``(C) A local educational agency may meet the requirements
of subparagraphs (A) and (B) on a grade-span by grade-span
basis or a school-by-school basis.
``(2)(A) To meet the requirements of paragraph (1), a local
educational agency shall demonstrate that--
``(i) expenditures per pupil from State and local funds in
each school served under this part are equal to or greater
than the average expenditures per pupil in schools not
receiving services under this part; or
``(ii) instructional salaries per pupil from State and
local funds in each school served under this part are equal
or greater than the average instructional salaries per pupil
in schools not receiving services.
``(B) A local educational agency need not include
unpredictable changes in student enrollment or personnel
assignments that occur after the beginning of a school year
in determining comparability of services under this
subsection.
``(3) Each local educational agency shall--
``(A) develop procedures for compliance with this
subsection; and
``(B) maintain records that are updated biennially
documenting its compliance.
``(4) This subsection shall not apply to a local
educational agency that does not have more than one building
for each grade span.
``(5) For the purpose of determining compliance with
paragraph (1), a local educational agency may exclude State
and local funds expended for--
``(A) bilingual education for children of limited English
proficiency; and
``(B) excess costs of providing services to children with
disabilities.
``Subpart 2--Allocations
``SEC. 1122. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY
OF THE INTERIOR.
``(a) Reservation of Funds.--From the amount appropriated
for payments to States for any fiscal year under section
1002(a), the Secretary shall reserve a total of 1 percent to
provide assistance to--
``(1) the outlying areas on the basis of their respective
need for such assistance according to such criteria as the
Secretary determines will best carry out the purpose of this
part; and
``(2) the Secretary of the Interior in the amount necessary
to make payments pursuant to subsection (b).
``(b) Allotment to the Secretary of the Interior.--
``(1) The amount allotted for payments to the Secretary of
the Interior under subsection (a)(2) for any fiscal year
shall be, as determined pursuant to criteria established by
the Secretary, the amount necessary to meet the special
educational needs of--
``(A) Indian children on reservations served by elementary
and secondary schools for Indian children operated or
supported by the Department of the Interior; and
``(B) out-of-State Indian children in elementary and
secondary schools in local educational agencies under special
contracts with the Department of the Interior.
``(2) From the amount allotted for payments to the
Secretary of the Interior under subsection (a)(2), the
Secretary of the Interior shall make payments to local
educational agencies, upon such terms as the Secretary of
Education determines will best carry out the purposes of this
part, with respect to out-of-State Indian children described
in paragraph (1). The amount of such payment may not exceed,
for each such child, the greater of--
``(A) 40 percent of the average per-pupil expenditure in
the State in which the agency is located; or
``(B) 48 percent of such expenditure in the United States.
``SEC. 1123. ALLOCATIONS TO STATES.
``(a) General.--For each fiscal year, an amount of the
appropriations for this part equal to the appropriation for
fiscal year 1994 for part A of chapter 1, title I, Elementary
and Secondary Education Act, shall be allocated in accordance
with sections 1124 and 1124A. Any additional appropriations
for this part for any fiscal year, after application of the
preceding sentence, shall be allocated in accordance with
section 1125.
``(b) Adjustments Where Necessitated by Appropriations.--
``(1) If the sums available under this part for any fiscal
year are insufficient to pay the full amounts that all local
educational agencies in States are eligible to receive under
sections 1124, 1124A, and 1125 for such year, the Secretary
shall ratably reduce the allocations to such local
educational agencies, subject to subsections (c) and (d) of
this section.
``(2) If additional funds become available for making
payments under sections 1124, 1124A, and 1125 for such fiscal
year, allocations that were reduced under paragraph (1) shall
be increased on the same basis as they were reduced.
``(c) Hold-Harmless Amounts.--Notwithstanding subsection
(b), the total amount made available to each local
educational agency under each of sections 1124 and 1125 for
any fiscal year shall be at least 85 percent of the total
amount such local educational agency was allocated under such
sections (or, for fiscal year 1995, their predecessor
authorities) for the preceding fiscal year.
``(d) Definition.--For the purpose of this section and
sections 1124 and 1125, the term State means each of the 50
States, the District of Columbia, and the Commonwealth of
Puerto Rico.
``SEC. 1124. BASIC GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Amount of Grants.--
``(1) Grants for local educational agencies and Puerto
Rico.--
``(A) The grant which a local educational agency in a State
is eligible to receive under this subpart for a fiscal year
shall (except as provided in section 1126), be determined by
multiplying the number of children counted under subsection
(c) by 40 percent of the amount determined under the next
sentence. The amount determined under this sentence shall be
the average per pupil expenditure in the State except that
(i) if the average per pupil expenditure in the State is less
than 80 percent of the average per pupil expenditure in the
United States, such amount shall be 80 percent of the average
per pupil expenditure in the United States, or (ii) if the
average per pupil expenditure in the State is more than 120
percent of the average per pupil expenditure in the United
States, such amount shall be 120 percent of the average per
pupil expenditure in the United States. For each local
educational agency serving an area with a total population of
at least 20,000 persons, the grant under this section shall
be the amount determined by the Secretary. For local
educational agencies serving areas with total population of
fewer than 20,000 persons, the State education agency may
either (I) distribute to such local educational agencies
grants under this section equal to the amounts determined by
the Secretary; or (II) use an alternative method, approved by
the Secretary, to distribute the share of the State's total
grants under this section that is based on local educational
agencies with total populations of fewer than 20,000 persons.
Such an alternative method of distributing grants under this
section among a State's local educational agencies serving
areas with total populations of fewer than 20,000 persons
shall be based upon population data that the State education
agency determines best reflect the current distribution of
children in poor families among the State's local educational
agencies serving areas with total populations of fewer than
20,000 persons. If a local educational agency serving an area
with total population of less than 20,000 persons is
dissatisfied with the determination of its grant by the State
education agency, then it may appeal this determination to
the Secretary. The Secretary must respond to this appeal
within 45 days of receipt. The Secretary shall consult with
the Secretary of Commerce regarding whether available data on
population for local educational agencies serving areas with
total populations of fewer than 20,000 persons are
sufficiently reliable to be used to determine final grants to
such areas.
``(B) If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families
below the poverty level for local educational agencies, then
the Secretary shall use such data compiled for counties in
those portions of the States, treating the counties as if
they were local educational agencies. In such cases, subject
to section 1126, the grant for any local educational agency
in such an area of a State shall be determined on the basis
of the aggregate amount of such grants for all such agencies
in the county or counties in which the school district of the
particular agency is located, which aggregate amount shall be
equal to the aggregate amount determined under subparagraph
(A) for such county or counties, and shall be allocated among
those agencies upon such equitable basis as may be determined
by the State educational agency in accordance with basic
criteria prescribed by the Secretary.
``(C) For each fiscal year, the Secretary shall determine
the percentage which the average per pupil expenditure in the
Commonwealth of Puerto Rico is of the lowest average per
pupil expenditure of any of the 50 States. The grant which
the Commonwealth of Puerto Rico shall be eligible to receive
under this subpart for a fiscal year shall be the amount
arrived at by multiplying the number of children counted
under subsection (c) for the Commonwealth of Puerto Rico by
the product of--
``(i) the percentage determined under the preceding
sentence; and
``(ii) 32 percent of the average per pupil expenditure in
the United States.
``(2) Definition.--For purposes of this subsection, the
term `State' does not include Guam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, and Palau.
``(b) Minimum Number of Children To Qualify.--A local
educational agency shall be eligible for a basic grant for a
fiscal year under this subpart only if the number of children
counted under subsection (c) in the school district of such
local educational agency is at least 10.
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section is the aggregate of--
``(A) the number of children aged 5 to 17, inclusive, in
the school district of the local educational agency from
families below the poverty level as determined under
paragraph (2)(A),
``(B) the number of children aged 5 to 17, inclusive, in
the school district of such agency from families above the
poverty level as determined under paragraph (2)(B), and
``(C) the number of children aged 5 to 17, inclusive, in
the school district of such agency in institutions for
neglected and delinquent children (other than such
institutions operated by the United States) or attending
community day programs for such children, but not counted
pursuant to subpart 3 of part D for the purposes of a grant
to a State agency, or being supported in foster homes with
public funds.
``(2) Determination of number of children.--
``(A) For the purposes of this section, the Secretary shall
determine the number of children aged 5 to 17, inclusive,
from families below the poverty level on the basis of the
most recent satisfactory data available from the Department
of Commerce for local educational agencies (as produced and
published under section 181a of title 13, United States
Code). If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families
below the poverty level for local educational agencies, then
the Secretary shall use such data compiled for counties in
those portions of the States, treating the counties as if
they were local educational agencies. The District of
Columbia and the Commonwealth of Puerto Rico shall be treated
as individual local educational agencies. If a local
educational agency contains two or more counties in their
entirety, then each county will be treated as if it were a
separate local educational agency for purposes of calculating
grants under this part. The total of grants for such counties
shall be allocated to such a local educational agency, which
shall distribute to schools in each county within it a share
of the local educational agency's total grant that is no less
than the county's share of the population counts used to
calculate the local educational agency's grant. If the
Department of Commerce has updated data on the number of
children, aged 5-17, from families below the poverty level
for local educational agencies, then the Secretary shall use
the updated data. In determining the families which are below
the poverty level, the Secretary shall utilize the criteria
of poverty used by the Bureau of the Census in compiling the
most recent decennial census, in such form as those criteria
have been updated by increases in the Consumer Price Index
for all urban consumers, published by the Bureau of Labor
Statistics.
``(B) For purposes of this section, the Secretary shall
determine the number of children aged 5 to 17, inclusive,
from families above the poverty level on the basis of the
number of such children from families receiving an annual
income, in excess of the current criteria of poverty, from
payments under the program of aid to families with dependent
children under a State plan approved under title IV of the
Social Security Act; and in making such determinations the
Secretary shall utilize the criteria of poverty used by the
Bureau of the Census in compiling the most recent decennial
census for a family of 4 in such form as those criteria have
been updated by increases in the Consumer Price Index for all
urban consumers, published by the Bureau of Labor Statistics.
The Secretary shall determine the number of such children and
the number of children of such ages living in institutions
for neglected or delinquent children, or being supported in
foster homes with public funds, on the basis of the caseload
data for the month of October of the preceding fiscal year
(using, in the case of children described in the preceding
sentence, the criteria of poverty and the form of such
criteria required by such sentence which were determined for
the calendar year preceding such month of October) or, to the
extent that such data are not available to the Secretary
before January of the calendar year in which the Secretary's
determination is made, then on the basis of the most recent
reliable data available to the Secretary at the time of such
determination. The Secretary of Health and Human Services
shall collect and transmit the information required by this
subparagraph to the Secretary not later than January 1 of
each year.
``(C) When requested by the Secretary, the Secretary of
Commerce shall make a special updated estimate of the number
of children of such ages who are from families below the
poverty level (as determined under subparagraph (A) of this
paragraph) in each school district, and the Secretary is
authorized to pay (either in advance or by way of
reimbursement) the Secretary of Commerce the cost of making
this special estimate. The Secretary of Commerce shall give
consideration to any request of the chief executive of a
State for the collection of additional census information.
For purposes of this section, the Secretary shall consider
all children who are in correctional institutions to be
living in institutions for delinquent children.
``(d) State Minimum.--
``(1) The aggregate amount allotted for all local
educational agencies within a State may not be less than one-
quarter of 1 percent of the total amount available for such
fiscal year under this section.
``(2)(A) No State shall, by reason of the application of
the provisions of paragraph (1) of this subsection, be
allotted more than--
``(i) 150 percent of the amount that the State received in
the fiscal year preceding the fiscal year for which the
determination is made, or
``(ii) the amount calculated under subparagraph (B),
whichever is less.
``(B) For the purpose of subparagraph (A)(ii), the amount
for each State equals--
``(i) the number of children in such State counted under
subsection (c) in the fiscal year specified in subparagraph
(A), multiplied by
``(ii) 150 percent of the national average per pupil
payment made with funds available under this section for that
year.
``SEC. 1124A. CONCENTRATION GRANTS TO LOCAL EDUCATIONAL
AGENCIES.
``(a) Eligibility for and Amount of Grants.--
``(1)(A) Except as otherwise provided in this paragraph,
each local educational agency, in a State other than Guam,
American Samoa, the Virgin Islands, the Northern Mariana
Islands, and Palau, which is eligible for a grant under this
part for any fiscal year shall be entitled to an additional
grant under this section for that fiscal year if--
``(i) the number of children counted under section 1124(c)
of this part in the local educational agency for the
preceding fiscal year exceeds 6,500, or
``(ii) the number of children counted under section 1124(c)
exceeds 15 percent of the total number of children aged five
to seventeen, inclusive, in the local educational agency in
that fiscal year.
``(B) Except as provided in subparagraph (C), no State
described in subparagraph (A) shall receive less than--
``(i) one-quarter of 1 percent of the sums appropriated
under paragraph (6) of this section for such fiscal year; or
``(ii) $250,000, whichever is higher.
``(C) No State shall, by reason of the application of the
provisions of subparagraph (B)(i) of this paragraph, be
allotted more than--
``(i) 150 percent of the amount that the State received in
the fiscal year preceding the fiscal year for which the
determination is made, or
``(ii) the amount calculated under subparagraph (D),
whichever is less.
``(D) For the purpose of subparagraph (C), the amount for
each State equals--
``(i) the number of children in such State counted for
purposes of this section in the fiscal year specified in
subparagraph (B), multiplied by
``(ii) 150 percent of the national average per pupil
payment made with funds available under this section for that
year.
``(2) For each local educational agency eligible to receive
an additional grant under this section for any fiscal year
the Secretary shall determine the product of--
``(A) the greater of--
``(i) the number of children in excess of 6,500 counted
under section 1124(c) for the preceding fiscal year, in a
local educational agency which qualifies on the basis of
subparagraph (A)(i) of paragraph (1); or
``(ii) the number of children counted under section 1124(c)
for the preceding fiscal year in a local educational agency
which qualifies on the basis of subparagraph (A)(ii) of
paragraph (1); and
``(B) the quotient resulting from the division of the
amount determined for those agencies under section 1124(a)(1)
for the fiscal year for which the determination is being made
divided by the total number of children counted under section
1124(c) for that agency for the preceding fiscal year.
``(3) The amount of the additional grant to which an
eligible local educational agency is entitled under this
section for any fiscal year shall be an amount which bears
the same ratio to the amount reserved under paragraph (6) for
that fiscal year as the product determined under paragraph
(2) for such local educational agency for that fiscal year
bears to the sum of such products for all local educational
agencies in the United States for that fiscal year.
``(4) For the purposes of this section, the Secretary shall
determine the number of children counted under section
1124(c) for any local educational agency, and the total
number of children aged five to seventeen, inclusive, in
local educational agencies, on the basis of the most recent
satisfactory data available at the time the payment for such
local educational agency is determined under section 1124.
``(5)(A) For each local educational agency serving an area
with a total population of at least 20,000 persons, the grant
under this section shall be the amount determined by the
Secretary. For local educational agencies serving areas with
total populations of fewer than 20,000 persons, the State
education agency may either (i) distribute to such local
educational agencies grants under this section equal to the
amounts determined by the Secretary; or (ii) use an
alternative method, approved by the Secretary, to distribute
the share of the State's total grants under this section that
is based on local educational agencies with total populations
of fewer than 20,000 persons. Such an alternative method of
distributing grants under this section among a State's local
educational agencies serving areas with total populations of
fewer than 20,000 persons shall be based upon population data
that the State education agency determines best reflects the
current distribution of children in poor families among the
State's local educational agencies serving areas with total
populations of fewer than 20,000 persons and meeting the
eligibility criteria of paragraph (1)(A). If a local
educational agency serving an area with total population of
less than 20,000 persons is dissatisfied with the
determination of its grant by the State education agency,
then it may appeal this determination to the Secretary. The
Secretary must respond to this appeal within 45 days of
receipt. The Secretary shall consult with the Secretary of
Commerce regarding whether available data on population for
local educational agencies serving areas with total
populations of fewer than 20,000 persons are sufficiently
reliable to be used to determine final grants to such areas
meeting the eligibility criteria of paragraph (1)(A).
``(B) If, and only if, there are portions of any of the
States for which the Department of Commerce has not prepared
data on the number of children, aged 5-17, from families
below the poverty level for local educational agencies, then
the Secretary shall use such data compiled for counties in
those portions of the States, treating the counties as if
they were local educational agencies. In such cases, subject
to section 1126, the grant for any local educational agency
in such an area of a State shall be determined on the basis
of the aggregate amount of such grants for all such agencies
in the county or counties in which the school district of the
particular agency is located, which aggregate amount shall be
equal to the aggregate amount determined under subparagraph
(A) for such county or counties, and shall be allocated among
those agencies upon such equitable basis as may be determined
by the State educational agency in accordance with the basic
criteria prescribed by the Secretary.
``(b) Reservation of Funds.--Of the total amount of funds
available for sections 1124 and 1124A, 10 percent of the
amount appropriated for that fiscal year shall be available
to carry out this section.
``(c) Ratable Reduction Rule.--If the sums available under
subsection (b) for any fiscal year for making payments under
this section are not sufficient to pay in full the total
amounts which all States are entitled to receive under
subsection (a) for such fiscal year, the maximum amounts
which all States are entitled to receive under subsection (a)
for such fiscal year shall be ratably reduced. In case
additional funds become available for making such payments
for any fiscal year during which the preceding sentence is
applicable, such reduced amounts shall be increased on the
same basis as they were reduced.
``SEC. 1125. TARGETED GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``(a) Eligibility of Local Educational Agencies.--A local
educational agency in a State is eligible to receive a
targeted grant under this section for any fiscal year if the
number of children in the local educational agency under
subsection 1124(c), before application of the weighting
factor, is at least 10.
``(b) Grants for Local Educational Agencies, the District
of Columbia, and Puerto Rico.--(1) The amount of the grant
that a local educational agency in a State or that the
District of Columbia is eligible to receive under this
section for any fiscal year shall be the product of--
``(A) the number of children counted under subsection (c);
and
``(B) the amount in the second sentence of subparagraph
1124(a)(1)(A).
``(2) For each fiscal year, the amount of the grant for
which the Commonwealth of Puerto Rico is eligible under this
section shall be equal to the number of children counted
under subsection (c) for Puerto Rico, multiplied by the
amount determined in subparagraph 1124(a)(1)(C).
``(c) Children To Be Counted.--
``(1) Categories of children.--The number of children to be
counted for purposes of this section shall be the number
counted in subsection 1124(c) multiplied by the weighting
factor for the local educational agency. The weighting factor
shall be established on the basis of the percentage that the
number of children counted under section 1124(c) represents
of the total population aged 5-17 years in the local
educational agency or the number of such children. Weighted
pupil counts will be calculated based upon both percentage
and number and the larger of the two counts will be used in
calculating grants for each local educational agency.
Weighting factors shall be assigned according to the
following scale: if the percentage is greater than 0 but less
than 14.265, the weighting factor shall be 1.00 for all
children counted in section 1124(c); if the percentage is
greater than 14.265 but less than 21.553, the weighting
factor shall be 1.00 for a number of children counted in
section 1124(c) equal to 14.265 percent of the total school
age population and 1.50 for children counted under section
1124(c) in excess of 14.265 percent of the total school age
population; if the percentage is greater than 21.553 percent
but less than 29.223 percent, then the weighting factor shall
be 1.00 for a number of children counted in section 1124(c)
equal to 14.265 percent of the total school age population,
1.50 for a number of children counted under section 1124(c)
equal to 7.288 percent of the total school age population,
and 2.00 for children counted under section 1124(c) in excess
of 21.553 percent of the total school age population; if the
percentage is greater than 29.223 percent but less than
36.538 percent, then the weighting factor shall be 1.00 for a
number of children counted in section 1124(c) equal to 14.265
percent of the total school age population, 1.50 for a number
of children counted under section 1124(c) equal to 7.288
percent of the total school age population, 2.00 for a number
of children counted under section 1124(c) equal to 7.67
percent of the total school age population, and 2.50 for
children counted under section 1124(c) in excess of 29.223
percent of the total school age population; and if the
percentage is greater than 36.538, then the weighting factor
shall be 1.00 for a number of children counted in section
1124(c) equal to 14.265 percent of the total school age
population, 1.50 for a number of children counted under
section 1124(c) equal to 7.288 percent of the total school
age population, 2.00 for a number of children counted under
section 1124(c) equal to 7.67 percent of the total school age
population, 2.50 for a number of children counted in section
1124(c) equal to 7.315 percent of the total school age
population, and 3.00 for children counted in section 1124(c)
in excess of 36.538 percent of the total school age
population. Separately, if the number of children counted
under section 1124(c) is greater than 0 but less than 575,
the weighting factor shall be 1.00 for all children counted
in section 1124(c); if the number is greater than 575 but
less than 1,870, the weighting factor shall be 1.00 for a
number of children counted in section 1124(c) equal to 575,
and 1.50 for children counted under section 1124(c) in excess
of 575; if the number is greater than 1,870 but less than
6,910, then the weighting factor shall be 1.00 for a number
of children counted in section 1124(c) equal to 575, 1.50 for
a number of children counted under section 1124(c) equal to
1,295, and 2.00 for children counted under section 1124(c) in
excess of 1,870; if the number is greater than 6,910 but less
than 42,000 then the weighting factor shall be 1.00 for a
number of children counted in section 1124(c) equal to 575,
1.50 for a number of children counted under section 1124(c)
equal to 1,295, 2.00 for a number of children counted under
section 1124(c) equal to 5,040, and 2.50 for children counted
under section 1124(c) in excess of 6,910; and if the number
is greater than 42,000, then the weighting factor shall be
1.00 for a number of children counted in section 1124(c)
equal to 575, 1.50 for a number of children counted under
section 1124(c) equal to 1,295, 2.00 for a number of children
counted under section 1124(c) equal to 5,040, 2.50 for a
number of children counted in section 1124(c) equal to 35,090
and 3.00 for children counted in section 1124(c) in excess of
42,000. For the Commonwealth of Puerto Rico, the weighting
factor shall be no greater than 1.62.
``(d) Local Educational Agency Allocations.--For each local
educational agency serving an area with a total population of
at least 20,000 persons, the grant under this section shall
be the amount determined by the Secretary. For local
educational agencies serving areas with total populations of
fewer than 20,000 persons, the State education agency may
either (1) distribute to such local educational agencies
grants under this section equal to the amounts determined by
the Secretary; or (2) use an alternative method, approved by
the Secretary, to distribute the share of the State's total
grants under this section that is based on local educational
agencies with total populations of fewer than 20,000 persons.
Such an alternative method of distributing grants under this
section among a State's local educational agencies serving
areas with total populations of fewer than 20,000 persons
shall be based upon population data that the State education
agency determines best reflects the current distribution of
children in poor families among the State's local educational
agencies serving areas with total populations of fewer than
20,000 persons. If a local educational agency serving an area
with total populations of less than 20,000 persons is
dissatisfied with the determination of its grant by the State
education agency, then it may appeal this determination to
the Secretary. The Secretary must respond to this appeal
within 45 days of receipt. If, and only if, there are
portions of any of the States for which the Department of
Commerce has not prepared data on the number of children,
aged 5-17, from families below the poverty level for local
educational agencies, then the Secretary shall use such data
compiled for counties in those portions of the States,
treating the counties as if they were local educational
agencies. The Secretary shall consult with the Secretary of
Commerce regarding whether available data on population for
local educational agencies serving areas with total
populations of fewer than 20,000 persons are sufficiently
reliable to be used to determine final grants to such areas.
``(e) State Minimum.--Notwithstanding any other provision
of this section, from the total amount available for any
fiscal year to carry out this section, each State shall be
allotted at least the lesser of--
``(1) one quarter of one percent of such amount;
``(2) 150 percent of the national average grant under this
section per child described in section 1124(c), without
application of a weighting factor, multiplied by the State's
total number of children described in section 1124(c),
without application of a weighting factor.
``SEC. 1126. SPECIAL ALLOCATION PROCEDURES.
``(a) Allocations for Neglected or Delinquent Children.--
(1) If a State educational agency determines that a local
educational agency in the State is unable or unwilling to
provide for the special educational needs of children who are
living in institutions for neglected or delinquent children
as described in subparagraph 1124(c)(1)(C), the State
educational agency shall, if it assumes responsibility for
the special educational needs of such children, receive the
portion of such local educational agency's allocation under
sections 1124, 1124A, and 1125 that is attributable to such
children.
``(2) If the State educational agency does not assume such
responsibility, any other State or local public agency that
does assume such responsibility shall receive that portion of
the local educational agency's allocation.
``(b) Allocations Among Local Educational Agencies.--The
State educational agency may allocate the amounts of grants
under sections 1124, 1124A, and 1125 between and among the
affected local educational agencies when--
``(1) two or more local educational agencies serve, in
whole or in part, the same geographical area; or
``(2) a local educational agency provides free public
education for children who reside in the school district of
another local educational agency.
``(c) Reallocation.--If a State educational agency
determines that the amount of a grant a local educational
agency would receive under sections 1124, 1124A, and 1125 is
more than such local agency will use, the State educational
agency shall make the excess amount available to other local
educational agencies in the State that need additional funds
in accordance with criteria established by the State
educational agency.
``SEC. 1127. CARRYOVER AND WAIVER.
``(a) Limitation on Carryover.--Notwithstanding section 412
of the General Education Provisions Act or any other
provision of law, not more than 15 percent of the funds
allocated to a local educational agency for any fiscal year
under this subpart (but not including funds received through
any reallocation under this subpart) may remain available for
obligation by such agency for one additional fiscal year.
``(b) Waiver.--A State educational agency may, once every
three years, waive the percentage limitation in subsection
(a) if--
``(1) the agency determines that the request of a local
educational agency is reasonable and necessary; or
``(2) supplemental appropriations for this subpart become
available.
``(c) Exclusion.--The percentage limitation under
subsection (a) shall not apply to any local educational
agency that receives less than $50,000 under this subpart for
any fiscal year.
``PART B--EVEN START FAMILY LITERACY PROGRAMS
``SEC. 1201. STATEMENT OF PURPOSE.
``It is the purpose of this part to help break the cycle of
poverty and illiteracy by improving the educational
opportunities of the Nation's low-income families by
integrating early childhood education, adult literacy or
adult basic education, and parenting education into a unified
family literacy program, to be referred to as `Even Start',
that is implemented through cooperative projects that build
on existing community resources to create a new range of
services, that promotes achievement of the National Education
Goals, and that assists children and adults from low-income
families to achieve challenging State standards.
``SEC. 1202. PROGRAM AUTHORIZED.
``(a) Reservation for Migrant Programs, Outlying Areas,
Indian Tribes, and Other Purposes.--(1) In each fiscal year,
the Secretary shall reserve not less than 5 percent of the
amount appropriated under section 1002(b) of this title for
programs, under such terms and conditions as the Secretary
shall establish, that are consistent with the purpose of this
part, and according to their relative needs, for--
``(A) children of migratory workers;
``(B) the outlying areas;
``(C) Indian tribes and tribal organizations; and
``(2) If the amount of funds made available under
subsection (a) exceeds $4,600,000, the Secretary shall make a
grant of sufficient size and for a period of sufficient
duration to demonstrate the effectiveness of a family
literacy program in a prison that houses women and their
preschool age children and that has the capability of
developing a program of high quality.
``(b) Reservation for Federal Activities.--From amounts
appropriated under section 1002(b), the Secretary may reserve
not more than three percent of such amounts or the amount
reserved for such purposes in the fiscal year 1994, whichever
is greater, for purposes of--
``(1) carrying out the evaluation required by section 1209;
and
``(2) providing, through grants or contracts, technical
assistance, program improvement, and replication activities
through eligible organizations.
``(c) State Allocation.--(1) After reserving funds under
subsections (a) and (b), the Secretary shall allocate the
remaining funds appropriated for this part to States, to be
used in accordance with section 1203.
``(2) Except as provided in paragraph (3), from the total
amount available for allocation to States in any fiscal year,
each State shall be eligible to receive a grant under
paragraph (1) in an amount that bears the same ratio to such
total amount as the amount allocated to such State under
section 1122 of this title bears to the total amount
allocated under that section to all the States.
``(3) No State shall receive less than $250,000 under
paragraph (1) for any fiscal year.
``(d) Definitions.--For the purpose of this part--
``(1) the term `eligible entity' means a partnership
composed of both--
``(A) a local educational agency; and
``(B) a nonprofit community-based organization, public
agency, institution of higher education, or other public or
private nonprofit organization of demonstrated quality;
``(2) the terms `Indian tribe' and `tribal organization'
have the meanings given such terms in section 4 of the Indian
Self-Determination and Education Assistance Act;
``(3) the term `State' includes each of the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico;
and
``(4) the term `eligible organization' means any public or
private nonprofit organization with a record of providing
effective services to family literacy providers, such as the
National Center for Family Literacy, Parents as Teachers,
Inc., and the Home Instruction Program for Preschool
Youngsters.
``SEC. 1203. STATE PROGRAMS.
``(a) State-Level Activities.--Each State that receives a
grant under section 1202(c)(1) may use not more than 5
percent for--
``(1) administrative costs; and
``(2) the provision, through one or more subgrants or
contracts, of access to technical assistance for program
improvement and replication to eligible entities that receive
subgrants under subsection (b).
``(b) Subgrants for Local Programs.--(1) Each State shall
use the remainder of its grant to make subgrants to eligible
entities to carry out Even Start programs.
``(2) No State shall award a subgrant under paragraph (1)
for an amount less than $75,000.
``SEC. 1204. USES OF FUNDS.
``(a) In General.--In carrying out an Even Start program
under this part, a recipient of funds under this part shall
use such funds to pay the Federal share of the cost of
providing family-centered education programs that involve
parents and children, from birth through age 7, in a
cooperative effort to help parents become full partners in
the education of their children and to assist children in
reaching their full potential as learners.
``(b) Federal Share Limitation.--(1)(A) Except as provided
in paragraph (2), the Federal share under this part may not
exceed--
``(i) 90 percent of the total cost of the program in the
first year that that program receives assistance under this
part or its predecessor authority;
``(ii) 80 percent in the second such year;
``(iii) 70 percent in the third such year;
``(iv) 60 percent in the fourth such year; and
``(v) 50 percent in any subsequent such year.
``(B) The remaining cost of a program under this part may
be provided in cash or in kind, fairly evaluated, and may be
obtained from any source other than funds received under this
title.
``(2) The State educational agency may waive, in whole or
in part, the cost-sharing requirement of paragraph (1) if an
eligible entity--
``(A) demonstrates that it otherwise would not be able to
participate in the program under this part; and
``(B) negotiates an agreement with the State educational
agency with respect to the amount of the remaining cost to
which the waiver would be applicable.
``(3) Federal funds under this part may not be used for the
indirect costs of an Even Start program, except that the
Secretary may waive this limitation if a recipient of funds
reserved under section 1202(a)(3) demonstrates to the
Secretary's satisfaction that it otherwise would not be able
to participate in the program under this part.
``SEC. 1205 PROGRAM ELEMENTS.
``Each Even Start program assisted under this part shall--
``(1) include the identification and recruitment of
families most in need of services provided under this part,
as indicated by a low level of income, a low level of adult
literacy or English language proficiency of the eligible
parent or parents, and other need-related indicators;
``(2) include screening and preparation of parents and
children to enable them to participate fully in the
activities and services provided under this part, including
testing, referral to necessary counselling, other
developmental and support services, and related services;
``(3) be designed to accommodate the participants' work
schedule and other responsibilities, including the provision
of support services, when unavailable from other sources,
necessary for participation, such as--
``(A) scheduling and locating of services to allow joint
participation by parents and children;
``(B) child care for the period that parents are involved
in the program provided under this part; and
``(C) transportation for the purpose of enabling parents
and their children to participate in programs authorized by
this part;
``(4) include high-quality instructional programs that
promote adult literacy, empower parents to support the
educational growth of their children, developmentally
appropriate early childhood educational services, and
preparation of children for success in regular school
programs;
``(5) include special training of staff, including child
care staff, to develop the skills necessary to work with
parents and young children in the full range of instructional
services offered through this part;
``(6) provide and monitor integrated instructional services
to participating parents and children through home-based
programs;
``(7) operate on a year-round basis, including the
provision of some program services, either instructional or
enrichment, or both, during the summer months;
``(8) be coordinated with--
``(A) programs assisted under other parts of this title and
this Act;
``(B) any relevant programs under the Adult Education Act,
the Individuals With Disabilities Education Act, and the Job
Training Partnership Act; and
``(C) the Head Start program, volunteer literacy programs,
and other relevant programs; and
``(9) provide for an independent evaluation of the program.
``SEC. 1206. ELIGIBLE PARTICIPANTS.
``(a) In General.--Except as provided in subsection (b),
eligible participants in an Even Start program are--
``(1) a parent or parents--
``(A) who are eligible for participation in an adult basic
education program under the Adult Education Act; or
``(B) who are within the State's compulsory school
attendance age range, so long as a local educational agency
provides (or ensures the availability of) the basic education
component required under this part; and
``(2) the child or children, from birth through age seven,
of any parent described in paragraph (1).
``(b) Eligibility for Certain Other Participants.--(1)
Family members other than those described in subsection (a)
may participate in program activities and services, when
deemed by the program to serve the purpose of this part.
``(2) Any family participating in a program under this part
that becomes ineligible for such participation as a result of
one or more members of the family becoming ineligible for
such participation may continue to participate in the program
until all members of the family become ineligible for
participation, which--
``(A) in the case of a family in which ineligibility was
due to the child or children of such family attaining the age
of eight, shall be in two years or when the parent or parents
become ineligible due to educational advancement, whichever
occurs first; and
``(B) in the case of a family in which ineligibility was
due to the educational advancement of the parent or parents
of such family, shall be when all children in the family
attain the age of eight.
``SEC. 1207. APPLICATIONS.
``(a) Submission.--To be eligible to receive a subgrant
under this part, an eligible entity shall submit an
application to the State educational agency in such form and
containing or accompanied by such information as the State
educational agency shall require.
``(b) Required Documentation.--Each application shall
include documentation, satisfactory to the State educational
agency, that the eligible entity has the qualified personnel
needed--
``(1) to develop, administer, and implement an Even Start
program under this part; and
``(2) to provide access to the special training necessary
to prepare staff for the program, which may be offered by an
eligible organization.
``(c) Plan.--Such application shall also include a plan of
operation for the program which shall include--
``(1) a description of the program goals;
``(2) a description of the activities and services that
will be provided under the program, including a description
of how the program will incorporate the program elements
required by section 1205;
``(3) a description of the population to be served and an
estimate of the number of participants;
``(4) as appropriate, a description of the applicant's
collaborative efforts with institutions of higher education,
community-based organizations, the State educational agency,
private elementary schools, or other eligible organizations
in carrying out the program for which assistance is sought;
``(5) a statement of the methods that will be used--
``(A) to ensure that the programs will serve families most
in need of the activities and services provided by this part;
``(B) to provide services under this part to individuals
with special needs, such as individuals with limited English
proficiency and individuals with disabilities; and
``(C) to encourage participants to remain in the program
for a time sufficient to meet the program's purpose; and
``(6) a description of how the plan--
``(A)(i) is consistent with and promotes the goals of the
State and local plans, either approved or being developed,
under title III of the Goals 2000: Educate America Act; and
``(ii) is consistent with the State and local plans under
sections 1111 and 1112; or
``(B) is consistent with the State and local plans under
sections 1111 and 1112 is the State does not have an approved
plan under title III of the Goals 2000: Educate America Act
and is not developing such a plan.
``(d) The plan described in subsection (c)(6) may be
submitted as part of a consolidated application under section
9302.
``SEC. 1208. AWARD OF SUBGRANTS.
``(a) Selection Process.--(1) The State educational agency
shall establish a review panel that will approve applications
that--
``(A) are most likely to be successful in meeting the
purpose of this part, and in effectively implementing the
program elements required under section 1205;
``(B) demonstrate that the area to be served by such
program has a high percentage or a large number of children
and families who are in need of such services as indicated by
high levels of poverty, illiteracy, unemployment, or limited
English proficiency;
``(C) provide services for at least a three-year age range,
which may begin at birth;
``(D) demonstrate the greatest possible cooperation and
coordination between a variety of relevant service providers
in all phases of the program;
``(E) include cost-effective budgets, given the scope of
the application;
``(F) demonstrate the applicant's ability to provide the
additional funding required by section 1204(b);
``(G) are representative of urban and rural regions of the
State; and
``(H) show the greatest promise for providing models that
may be adopted by other local educational agencies.
``(2) The State educational agency shall give priority for
subgrants under this subsection to proposals that either--
``(A) target services primarily to families described in
paragraph (1)(B); or
``(B) are located in areas designated as empowerment zones
or enterprise communities.
``(b) Review Panel.--A review panel shall consist of at
least three members, including one early childhood
professional, one adult education professional, and one or
more of the following individuals:
``(1) A representative of a parent-child education
organization.
``(2) A representative of a community-based literacy
organization.
``(3) A member of a local board of education.
``(4) A representative of business and industry with a
commitment to education.
``(5) An individual who has been involved in the
implementation of programs under this title in the State.
``(c) Duration.--(1) Subgrants may be awarded for a period
not to exceed four years.
``(2) The State educational agency may provide a
subgrantee, at the subgrantee's request, a 3- to 6-month
start-up period during the first year of the four-year
period, which may include staff recruitment and training, and
the coordination of services, before requiring full
implementation of the program.
``(3)(A) In reviewing any application for a subgrant to
continue a program for the second, third, or fourth year, the
State educational agency shall review the progress being made
toward meeting the objectives of the program after the
conclusion of the start-up period, if any.
``(B) The State educational agency may refuse to award a
subgrant if such agency finds that sufficient progress has
not been made toward meeting such objectives, but only after
affording the applicant notice and an opportunity for a
hearing.
``(4)(A) An eligible entity that has previously received a
subgrant under this part may reapply under the terms of this
part for a second project period.
``(B) During the second project period, the Federal share
of the subgrant shall not exceed 50 percent in any year.
``SEC. 1209. EVALUATION.
``From funds reserved under section 1202(b)(1), the
Secretary shall provide for an independent evaluation of
programs under this part--
``(1) to determine the performance and effectiveness of
programs; and
``(2) to identify effective Even Start projects that can be
replicated and used in providing technical assistance to
national, State, and local programs.
``PART C--EDUCATION OF MIGRATORY CHILDREN
``SEC. 1301. PROGRAM PURPOSE.
``It is the purpose of this part to assist States to--
``(1) support high-quality and comprehensive educational
programs for migratory children to help reduce the
educational disruptions and other problems that result from
repeated moves;
``(2) ensure that migratory children are provided with
appropriate educational services (including supportive
services) that address their special needs in a coordinated
and efficient manner;
``(3) ensure that migratory children have the opportunity
to meet the same challenging performance standards that all
children are expected to meet;
``(4) design programs to help migratory children overcome
educational disruption, cultural and language barriers,
social isolation, various health-related problems, and other
factors that inhibit their ability to do well in school, and
to prepare these children to make a successful transition to
postsecondary education or employment; and
``(5) ensure that migratory children benefit from State and
local systemic reforms.
``SEC. 1302. PROGRAM AUTHORIZED.
``In order to carry out the purpose of this part, the
Secretary shall make grants to State educational agencies, or
combinations of such agencies, to establish or improve,
directly or through local operating agencies, programs of
education for migratory children in accordance with this
part.
``SEC. 1303. STATE ALLOCATIONS.
``(a) State Allocations.--Each State (other than the
Commonwealth of Puerto Rico) is entitled to receive under
this part, for each fiscal year, an amount equal to--
``(1) the sum of the estimated number of migratory children
aged three through 21 who reside in the State full time and
the full-time equivalent of the estimated number of migratory
children aged three through 21 who reside in the State part
time, as determined in accordance with subsection (e);
multiplied by
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent, or more than 48
percent, of the average expenditure per pupil in the United
States.
``(b) Allocation to Puerto Rico.--For each fiscal year, the
amount for which the Commonwealth of Puerto Rico is eligible
under this section shall be equal to--
``(1) the number of migratory children in Puerto Rico,
determined under subsection (a)(1); multiplied by
``(2) the product of--
``(A) the percentage that the average expenditure per pupil
in Puerto Rico is of the lowest average per-pupil expenditure
of any of the 50 States; and
``(B) 32 percent of the average expenditure per pupil in
the United States.
``(c) Ratable Reductions; Reallocations.--(1)(A) If, after
the Secretary reserves funds under section 1308(c), the
amount appropriated to carry out this part for any fiscal
year is insufficient to pay in full the amounts for which all
States are eligible, the Secretary shall ratably reduce each
such amount.
``(B) If additional funds become available for making such
payments for any fiscal year, the Secretary shall allocate
such funds to States in amounts that the Secretary finds
would best carry out the purpose of this part.
``(2)(A) The Secretary shall further reduce the amount of
any grant to a State under this part for any fiscal year if
the Secretary determines, based on available information on
the numbers and needs of migratory children in the State and
the program proposed by the State to address such needs, that
such amount exceeds the amount required under section 1304.
``(B) The Secretary shall reallocate such excess funds to
other States whose grants under this part would otherwise be
insufficient to provide an appropriate level of services to
migratory children, in such amounts as the Secretary
determines are appropriate.
``(d) Consortium Arrangements.--(1) In the case of a State
that receives a grant of $1,000,000 or less under this
section, the Secretary shall consult with the State
educational agency to determine whether consortium
arrangements with another State or other appropriate entity
would result in delivery of services in a more effective and
efficient manner.
``(2) A State, irrespective of the amount of its
allocation, may propose a consortium arrangement.
``(3) The Secretary shall approve a consortium arrangement
under paragraph (1) or (2) if the proposal demonstrates that
the arrangement will--
``(A) reduce administrative costs or program function costs
for State programs; and
``(B) make more funds available for direct services to add
substantially to the welfare or educational attainment of
children to be served under this part.
``(e) Determining Numbers of Eligible Children.--In order
to determine the estimated number of migratory children
residing in each State for purposes of this section, the
Secretary shall--
``(1) use such information as the Secretary finds most
accurately reflects the actual number of migratory children;
``(2) as soon as feasible develop and implement a procedure
for more accurately reflecting cost factors for different
types of summer program designs which will be used to adjust
the estimated number of children who reside in a State in
order to reflect the number of migratory children who are
served in summer programs (which may include intersession
programs) in the State and the additional costs of operating
such programs; and
``(3) conduct an analysis of the options for adjusting the
formula so as to better direct services to the child whose
education has been interrupted.
``SEC. 1304. STATE APPLICATIONS; SERVICES.
``(a) Application Required.--Any State wishing to receive a
grant under this part for any fiscal year shall submit an
application to the Secretary at such time and in such manner
as the Secretary may require.
``(b) Program Information.--Each such application shall
include--
``(1) a description of how, in planning, implementing, and
evaluating programs and projects under this part, the State
and its operating agencies will ensure that the special
educational needs of migratory children are identified and
addressed through a comprehensive plan for needs assessment
and service delivery that meets the requirements of section
1306, including, when feasible, recording the migratory
status of such children and their average daily attendance on
State student collection data;
``(2) a description of the steps the State is taking to
provide migratory students with the opportunity to meet the
same challenging performance standards that all children are
expected to meet;
``(3) a description of how the State will use its funds to
promote interstate and intrastate coordination of services
for migratory children, including how, consistent with
procedures the Secretary may require, it will provide for
educational continuity through the timely transfer of
pertinent school records, including information on health,
when children move from one school to another, whether or not
during the regular school year;
``(4) a description of the State's priorities for the use
of funds received under this part, and how they relate to the
State's assessment of needs for services in the State;
``(5) a description of how the State will determine the
amount of any subgrants it will award to local operating
agencies, taking into account the requirements of paragraph
(1); and
``(6) such budgetary and other information as the Secretary
may require.
``(c) Assurances.--Each such application shall also include
assurances, satisfactory to the Secretary, that--
``(1) funds received under this part will be used only--
``(A) for programs and projects, including the acquisition
of equipment, in accordance with section 1306(b)(1); and
``(B) to coordinate such programs and projects with similar
programs and projects within the State and in other States,
as well as with other Federal programs that can benefit
migratory children and their families;
``(2) such programs and projects will be carried out in a
manner consistent with the objectives of sections 1114,
1115(b) and (d), 1120, and 1121(b) and (c), and part F of
this title;
``(3) in the planning and operation of programs and
projects at both the State and local operating agency level,
there is appropriate consultation with parent advisory
councils for programs lasting a school year, and that all
such programs and projects are carried out, to the extent
feasible, in a manner consistent with section 1118 of this
title;
``(4) in planning and carrying out such programs and
projects, there has been, and will be, adequate provision for
addressing the unmet education needs of preschool migratory
children;
``(5) the effectiveness of such programs and projects will
be determined, where feasible, using the same approaches and
standards that will be used to assess the performance of
students, schools, and local educational agencies under part
A of this title; and
``(6) the State will assist the Secretary in determining
the number of migratory children under section 1303(e),
through such procedures as the Secretary may require.
``(d) Priority for Services.--In providing services with
funds received under this part, each recipient of such funds
shall give priority to migratory children who are failing, or
most at risk of failing, to meet the State's challenging
performance standards, and whose education has been
interrupted during the regular school year.
``(e) Continuation of Services.--Notwithstanding any other
provision of this part--
``(1) a child who ceases to be a migratory child during a
school term shall be eligible for services until the end of
such term;
``(2) a child who is no longer a migratory child may
continue to receive services for one additional school year,
but only if comparable services are not available through
other programs; and
``(3) secondary school students who were eligible for
services in secondary school may continue to be served
through credit accrual programs until graduation.
``SEC. 1305. SECRETARIAL APPROVAL; PEER REVIEW.
``(a) Secretarial Approval.--The Secretary shall approve
each State application that meets the requirements of this
part.
``(b) Peer Review.--The Secretary may review any such
application with the assistance and advice of State officials
and other individuals with relevant expertise.
``SEC. 1306. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
DELIVERY PLAN; AUTHORIZED ACTIVITIES.
``(a) Comprehensive Plan.--Each State that receives a grant
under this part shall ensure that the State and its local
operating agencies identify and address the special
educational needs of migratory children in accordance with a
comprehensive State plan that--
``(1)(A) is integrated with the State's plan, either
approved or being developed, under title III of the Goals
2000: Educate America Act and satisfies the requirements of
this section that are not already addressed by such State
plan; and
``(B) is integrated with other State plans, if any, under
the School-To-Work Opportunities Act of 1993 and the Carl D.
Perkins Vocational and Applied Technology Act to the extent
that such plans have not already been incorporated in the
State's plan under title III of the Goals 2000: Educate
America Act;
``(2) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act and is not
developing such a plan--
``(A) is integrated with other State plans, such as those
under the School-To-Work Opportunities Act of 1993 and the
Carl D. Perkins Vocational and Applied Technology Act, where
such plans exist; and
``(B) satisfies the requirements of this section;
``(3) may be submitted as a part of a consolidated
application under section 9302;
``(4) provides that migratory children will have an
opportunity to meet the same challenging performance
standards, set out in those plans, that all children are
expected to meet;
``(5) specifies measurable program goals and outcomes;
``(6) encompasses the full range of services that are
available for migratory children from appropriate local,
State and Federal educational programs;
``(7) is the product of joint planning among such local,
State, and Federal programs, including those under part A of
this title, early childhood programs, and bilingual education
programs under title VII of this Act;
``(8) provides for the integration of services available
under this part with services provided by such other
programs; and
``(9) to the extent feasible, provides for--
``(A) advocacy and outreach activities for migratory
children and their families, including informing them of, or
helping them gain access to, other education, health,
nutrition, and social services;
``(B) professional development programs, including
mentoring, for teachers and other program personnel;
``(C) parent involvement programs (as defined under section
1118) and, when feasible, the establishment of instructional
programs such as use of the model developed under the Even
Start Family Literacy Programs that promote adult literacy
and train parents to support the educational growth of their
children;
``(D) the integration of communication and information
technology into educational and related programs; and
``(E) programs to facilitate the transition of high school
students to postsecondary education or employment.
A State may satisfy all or part of the requirements of this
section by referencing applicable sections of its approved
plan under title III of the Goals 2000: Educate America Act.
``(b) Authorized Activities.--(1) In implementing the
comprehensive plan described in subsection (a), each local
operating agency shall have the flexibility to determine the
activities to be provided with funds made available under
this part, provided that--
``(A) before funds provided under this part are used to
provide services described in subparagraph (B), those funds
shall be used to meet the identified needs of migratory
children that--
``(i) result from the effects of their migratory lifestyle,
or are needed to permit migratory children to participate
effectively in school; and
``(ii) are not addressed by services provided under other
programs, including part A of this title; and
``(B) all migratory children who are eligible to receive
services under part A of this title shall receive such
services with funds provided under this part or under part A
of this title.
``(2) This subsection shall not apply to funds under this
part that are used for schoolwide programs under section 1114
of this title.
``SEC. 1307. BYPASS.
``The Secretary may use all or part of any State's
allocation under this part to make arrangements with any
public or private nonprofit agency to carry out the purpose
of this part in such State if the Secretary determines that--
``(1) the State is unable or unwilling to conduct
educational programs for migratory children;
``(2) such arrangements would result in more efficient and
economic administration of such programs; or
``(3) such arrangements would add substantially to the
welfare or educational attainment of such children.
``SEC. 1308. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.
``(a) Improvement of Coordination.--The Secretary, in
consultation with the States, may make grants to, or enter
into contracts with, State educational agencies, local
educational agencies, institutions of higher education, and
other public and private nonprofit entities to improve the
interstate and intrastate coordination among State and local
educational agencies of their educational programs, including
the establishment or improvement of programs for credit
accrual and exchange, available to migratory students. Grants
under this subpart may be made for up to 5 years.
``(b) Assistance and Reporting.--(1) Within 60 days of
enactment, the Secretary shall convene a panel of Chief State
School Officers and technical experts to assess alternative
methods by which student records may be transferred from one
school to another. Within 150 days of having been convened,
the panel shall make recommendations to the Secretary on how
schools may adopt the most cost-effective means of exchanging
of school records. The Secretary shall also develop the most
cost-effective and accurate method of determining the number
of students or full-time equivalent students in each State on
a yearly basis. The Secretary shall report to the Committee
on Education and Labor of the House of Representatives and
the Committee on Labor and Human Resources of the Senate the
panel's findings and the Secretary's recommendations.
``(2) The Secretary may contract for services for purposes
of this section.
``(c) Availability of Funds.--For the purpose of carrying
out this section, the Secretary shall reserve up to
$6,000,000 from the amount appropriated under section 1002(3)
for each fiscal year to carry out this part.
``(d) Competitive Grants.--From the amounts made available
for this section, the Secretary shall reserve not more than
$1,500,000 to award, on a competitive basis, grants in the
amount of up to $100,000 each to State educational agencies
with consortium agreements described under section 1303(d).
Not less than 10 of such grants shall be awarded to States
which receive allocations of less than $1,000,000 if such
States have approved agreements.
``SEC. 1309. DISTANCE LEARNING.
``(a) Program.--The Secretary may establish a distance
learning program to provide, through competitive grants,
continuity in the education of migrant children using
technology, interactive learning, computers, and automated
technology links achieved with modems and telephone networks.
``(b) Funds.--Not more than $3,000,000 may be used to
establish the program under subsection (a).
``SEC. 1310. DEFINITIONS.
``As used in this part, the following terms have the
following meanings:
``(1) The term `local operating agency' means--
``(A) a local educational agency to which a State
educational agency makes a subgrant under this part;
``(B) a public or nonprofit private agency with which a
State educational agency or the Secretary makes an
arrangement to carry out a project under this part; or
``(C) a State educational agency, if the State educational
agency operates the State's migrant education program or
projects directly.
``(2) The term `migratory child' means--
``(A) for fiscal year 1996 and subsequent years, a child
who is, or whose parent or spouse is, a migratory
agricultural worker (including a migratory dairy worker) or a
migratory fisher, and who, in the preceding 24 months, in
order to obtain, or accompany such parent or spouse in order
to obtain, temporary or seasonal employment in agricultural
or fishing work--
``(i) has moved from one local educational agency to
another; or
``(ii) in a State that is comprised of a single local
educational agency, has moved from one administrative area to
another within such agency; or
``(B) for fiscal year 1995 only, a child fulfilling the
requirements of subparagraph (A) for a period of 36 months
instead of for 24 months.
``PART D--PREVENTION AND INTERVENTION SERVICES FOR DELINQUENT YOUTH AND
YOUTH AT RISK OF DROPPING OUT
``SEC. 1401. FINDINGS; PURPOSE; PROGRAM AUTHORIZED.
``(a) Findings.--Congress finds the following:
``(1) A large percentage of youth in the juvenile justice
system have poor academic achievement, are a year or more
behind grade level, and have dropped out of school.
``(2) There is a strong correlation between academic
failure and involvement in delinquent activities.
``(3) Preventing students from dropping out of local
schools and addressing the educational needs of delinquent
youth can help reduce the dropout rate and involvement in
delinquent activities at the same time.
``(4) Many schools and correctional facilities fail to
communicate regarding a youth's academic needs and students
often return to their home school ill-prepared to meet
current curriculum requirements.
``(5) Schools are often reluctant to deal with youth
returning from facilities and receive no funds to deal with
the unique educational and other needs of such youth.
``(6) A continuing need exists for activities and programs
to reduce the incidence of youth dropping out of school.
``(7) Federal dropout prevention programs have demonstrated
effectiveness in keeping children and youth in school.
``(8) Pregnant and parenting teens are a high at-risk group
for dropping out of school and should be targeted by dropout
prevention programs.
``(9) Such youth need a strong dropout prevention program
which provides them with high level skills and which provides
supports to youth returning from correctional facilities in
order to keep them in school.
``(b) Purpose.--It is the purpose of this part--
``(1) to improve educational services to children in local
and State institutions for delinquent children so that they
have the opportunity to meet the same challenging State
performance standards that all children in the State will be
expected to meet;
``(2) to provide such children the services they need to
make a successful transition from institutionalization to
further schooling or employment; and
``(3) to prevent at-risk youth from dropping out of school
and to provide dropouts and youth returning from institutions
with a support system to ensure their continued education.
``(c) Program Authorized.--In order to carry out the
purpose of this part, the Secretary shall make grants to
State educational agencies, which shall make subgrants to
State agencies and local educational agencies to establish or
improve programs of education for delinquent children and
youth at risk of dropping out of school before graduation.
``SEC. 1402. PAYMENTS FOR PROGRAMS UNDER THIS PART.
``(a) Agency Subgrants.--Based on the allocation amount
computed under section 1403, the Secretary shall allocate to
each State educational agency amounts necessary to make
subgrants to State agencies.
``(b) Local Subgrants.--Each State shall retain, for
purposes of subpart 2, funds generated throughout the State
under part A based on youth residing in local correctional
facilities, or attending community day programs for
delinquent children.
``(c) Use of Remaining Funds.--Each State shall use any
funds remaining after allocations are made under subsection
(a).
``Subpart 1--State Agency Programs
``SEC. 1403. AMOUNT OF ALLOCATION TO STATE.
``(a) State Allocation.--Each State educational agency is
eligible to receive under this part, for each fiscal year, an
amount equal to the product of--
``(1) the number of delinquent children in State
correctional facilities serving youth under the age of 21 who
are enrolled for at least 20 hours per week in education
programs operated or supported by facilities serving youth,
and 10 hours a week in adult facilities serving youth.
``(2) 40 percent of the average per-pupil expenditure in
the State, except that the amount determined under this
paragraph shall not be less than 32 percent or more than 48
percent of the average per-pupil expenditure in the United
States.
``(b) Subgrants to State Agencies In Puerto Rico.--For each
fiscal year, the amount of the grant for which a State agency
in the Commonwealth of Puerto Rico is eligible under this
part shall be equal to--
``(1) the number of children counted under subsection
(a)(1) for Puerto Rico; multiplied by the product of--
``(A) the percentage that the average per-pupil expenditure
in Puerto Rico is of the lowest average per-pupil expenditure
of any of the 50 States; and
``(B) 32 percent of the average per-pupil expenditure in
the United States.
``SEC. 1404. STATE PLAN.
``(a) State Plan.--(1)(A) Each State educational agency
that desires to receive payments under this part shall
submit, for approval by the Secretary, a plan, which shall be
revised and updated as needed, for meeting the needs of
delinquent youth and children at risk of dropping out that--
``(i) is integrated with the State's plan, either approved
or being developed, under title III of the Goals 2000:
Educate America Act, and satisfies the requirements of this
section that are not already addressed by such State plan; or
``(ii) if the State does not have an approved plan under
title III of the Goals 2000: Educate America Act or is not
developing such a plan, is integrated with other State plans
under this Act and satisfies the requirements of this
section.
``(B) A State plan submitted under paragraph (1)(A)(i) may,
if necessary, be submitted as an amendment to the State's
plan under title III of the Goals 2000: Educate America Act.
``(2) Each such plan shall also--
``(A) describe the State-established program goals,
objectives, and performance measures that will be used to
assess the effectiveness of the program in improving academic
and vocational skills of children in the program;
``(B) provide that, to the extent feasible, such children
will have the same opportunities to learn as they would have
if they were in schools of local educational agencies in the
State;
``(C) describe the manner in which such State educational
agency will make subgrants; and
``(D) contain assurances that the State educational agency
will--
``(i) ensure that programs assisted under this part will be
carried out in accordance with the State plan described in
this subsection;
``(ii) carry out the evaluation requirements of section
1408;
``(iii) ensure that its State agencies comply with all
applicable statutory and regulatory requirements; and
``(iv) provide such other information as the Secretary may
reasonably require.
``(b) Secretarial Approval; Peer Review.--(1) The Secretary
shall approve each State plan that meets the requirements of
this part.
``(2) The Secretary may review any such plan with the
assistance and advice of individuals with relevant expertise.
``(c) Subgrants to State Agencies.--A State agency is
eligible for assistance under this part if it is responsible
for providing free public education for children in
institutions for delinquent children.
``(d) State Agency Applications.--A State agency that
desires to receive funds to carry out a program under this
part shall submit an application to the State educational
agency that--
``(1) describes the procedures to be used, consistent with
the State plan under part A of this title, to assess the
educational needs of the children to be served;
``(2) provides assurances that in making services available
to youth in adult correctional facilities, priority will be
given to such youth who are likely to complete incarceration
within a 2-year period;
``(3) describes the program, including a budget for the
first year of the program, with annual updates to be
provided;
``(4) describes how the program will meet the goals and
objectives of the State plan under this part;
``(5) describes how the State agency will consult with
experts and provide the necessary training for appropriate
staff, to ensure that the planning and operation of
institution-wide projects under section 1406 are of high
quality;
``(6) describes how the agency will carry out the
evaluation requirements of section 1408 and how the results
of the most recent evaluation are used to plan and improve
the program;
``(7) includes data showing that the agency has maintained
fiscal effort required of a local educational agency, in
accordance with section 9501 of this title;
``(8) describes how the programs will be coordinated with
other appropriate State and Federal programs, including the
Job Training Partnership Act, vocational education, State and
local dropout prevention programs, and special education;
``(9) describes how appropriate professional development
will be provided to teachers and other instructional and
administrative personnel;
``(10) designates an individual in each affected
institution to be responsible for issues relating to the
transition of children from an institution to locally
operated programs;
``(11) describes how the agency will, endeavor to
coordinate with businesses for training and mentoring for
participating youth;
``(12) describes how the agency will assist in locating
alternative programs through which students can continue
their education if they are not returning to school after
leaving the correctional facility;
``(13) describes how the agency will work with parents to
secure their assistance in improving the educational
achievement of their children and preventing their further
involvement in delinquent activities;
``(14) describes how the agency works with special
education youth in order to meet an existing individualized
education program and an assurance that the agency will
notify the youth's local school if such youth is identified
as in need of special education services while the youth is
in the facility and if the youth intends to return to the
local school;
``(15) describes how the agency will work with youth who
dropped out of school before entering the facility to
encourage such youth to reenter school once their term has
been completed or provide the youth with the skills necessary
to gain employment, continue their education, or achieve a
high school equivalency certificate if the youth does not
intend to return to school;
``(16) provides assurances that teachers and other
qualified staff are also trained to work with children with
disabilities and other students with special needs taking
into consideration the unique needs of such students;
``(17) describes any additional services provided to youth,
including career counseling, assistance in securing student
loans, grants; and
``(18) describes how this program will be coordinated with
any programs operated under the Juvenile Justice and
Delinquency Act, if applicable.
``SEC. 1405. USE OF FUNDS.
``(a) General.--(1) A State agency shall use funds received
under this part only for programs and projects that--
``(A) are consistent with the State plan referred to in
section 1404(a); and
``(B) concentrate on providing participants with the
knowledge and skills needed to make a successful transition
to high school completion, further education, or employment.
``(2) Such programs and projects--
``(A) may include the acquisition of equipment;
``(B) shall be designed to support educational services
that--
``(i) except for institution-wide projects under section
1406, are provided to children identified by the State agency
as failing, or most at risk of failing, to meet the State's
challenging performance standards;
``(ii) supplement and improve the quality of the
educational services provided to such children by the State
agency; and
``(iii) afford such children an opportunity to learn to
such challenging State standards;
``(C) shall be carried out in a manner consistent with
section 1119(b) and part F of this title; and
``(D) may include the costs of meeting the evaluation
requirements of section 1408.
``(b) Supplement, Not Supplant.--A program under this part
that supplements the number of hours of instruction students
receive from State and local sources shall be considered to
comply with the `supplement, not supplant' requirement of
section 1119(b) of this title without regard to the subject
areas in which instruction is given during those hours.
``SEC. 1406. INSTITUTION-WIDE PROJECTS.
``A State agency that provides free public education for
children in an institution for delinquent children may use
funds received under this part to serve all children in, and
upgrade the entire educational effort of, such institution or
program if the State agency has developed, and the State
educational agency has approved, a comprehensive plan for
such institution or program that--
``(1) provides for a comprehensive assessment of the
educational needs of all youth in the institution or program
serving juveniles;
``(2) provides for a comprehensive assessment of the
educational needs of youth aged 20 and younger in adult
facilities who are expected to complete incarceration within
a 2-year period;
``(3) describes the steps the State agency has taken, or
will take, to provide all children under 21 with the
opportunity to meet challenging academic and vocational
standards in order to improve the likelihood that the
students will complete high school, attain high school
equivalency, or find employment after leaving the
institution;
``(4) describes the instructional program, pupil services,
and procedures that will be used to meet the needs described
in paragraph (1), including, to the extent feasible, the
provision of mentors for secondary school students;
``(5) specifically describes how such funds will be used;
``(6) describes the measures and procedures that will be
used to assess student progress;
``(7) describes how the agency has planned, and will
implement and evaluate, the institution-wide or program-wide
project in consultation with personnel providing direct
instructional services and support services in institutions
for delinquent children and personnel from the State
educational agency; and
``(8) includes an assurance that the State agency has
provided for appropriate training to teachers and other
instructional and administrative personnel to enable them to
carry out the project effectively.
``SEC. 1407. THREE-YEAR PROJECTS.
``If a State agency operates a program under this part in
which individual children are likely to participate for more
than one year, the State educational agency may approve the
State agency's application for a subgrant under this part for
a period not to exceed 3 years.
``SEC. 1408. TRANSITION SERVICES.
``(a) Transition Services.--Each State agency shall reserve
not more than 10 percent of the amount it receives under this
part for any fiscal year to support projects that facilitate
the transition of children from State-operated institutions
to local educational agencies.
``(b) Conduct of Projects.--A project supported under this
section may be conducted directly by the State agency, or
through a contract or other arrangement with one or more
local educational agencies, other public agencies, or private
nonprofit organizations.
``(c) Limitation.--Any funds reserved under subsection (a)
shall be used only to provide transitional educational
services, which may include counseling and mentoring, to
delinquent children in schools other than State-operated
institutions.
``Subpart 2--Local Agency Programs
``SEC. 1410. PROGRAMS OPERATED BY LOCAL EDUCATIONAL AGENCIES.
``(a) Local Subgrants.--With funds retained under section
1402(2), the State educational agency shall make subgrants to
local educational agencies with--
``(1) a high number or percentage of youth who are residing
in local (including county) correctional facilities for youth
(including those involved in day programs); and
``(2) which have the highest numbers or percentage of youth
in the State which have dropped out of school in the
preceding fiscal year.
``(b) Notification.--A State educational agency shall
notify local educational agencies which meet the criteria of
subsection (a) of their eligibility for participation in the
program.
``(c) Purpose of Local Educational Agency Programs.--The
purpose of this section is the operation of local educational
agency programs which involve collaboration between local
educational agencies and local correctional facilities
serving such youth to--
``(1) continue transition activities for youth returning
from such facilities;
``(2) to operate dropout prevention programs in local
schools for youth at risk of dropping out and youth returning
from correctional facilities; and
``(3) to prepare youth who have finished their period of
incarceration for employment, high school completion, and
further education.
``(d) Local Educational Agency Applications.--(1) Eligible
local educational agencies which choose to take part in
programs funded under this section shall submit an
application to the State educational agency, containing such
information on programs to be operated under this section as
the State educational agency may require, and which shall
include--
``(1) a description of formal agreements between the local
educational agency and correctional facilities and
alternative school programs serving youth involved with the
juvenile justice system to operate programs for delinquent
youth;
``(2) a description of how participating schools will
coordinate with facilities working with delinquent youth to
ensure that such youth are participating in an education
program comparable to one operating in the local school such
youth would attend;
``(3) a description of the dropout prevention program
operated by participating schools and the types of services
such schools will provide to at risk youth in participating
schools and youth returning from correctional facilities;
``(4) a description of the youth expected to be served by
the dropout prevention program and how the school will be
coordinating existing educational programs to meet unique
education needs;
``(5) a description of how schools will coordinate with
existing social and health services to meet the needs of
students at risk of dropping out of school and other
participating students, including prenatal health care and
nutrition services related to the health of the parent and
child, parenting and child development classes, child care,
targeted re-entry and outreach programs, referrals to
community resources, and scheduling flexibility;
``(6) a description of any partnerships with local
businesses to develop training and mentoring services for
participating students;
``(7) a description of how the program will involve parents
in efforts to improve the education achievement of their
children, assist in dropout prevention activities, and
prevent the involvement of their children in delinquent
activities;
``(8) a description of how this program will be coordinated
with other Federal, State, and local programs, including the
Job Training and Partnership Act and vocational education
programs serving this at risk population of youth;
``(9) a description of how the program will be coordinated
with programs operated under the Juvenile Justice and
Delinquency Prevention Act, if applicable;
``(10) a description of how schools will work with
probation officers to assist in meeting the needs of youth
returning from correctional facilities;
``(11) a description of efforts participating schools will
make to ensure correctional facilities working with youth are
aware of a child's existing individualized education program;
and
``(12) a description of the steps participating schools
will take to find alternative placements for youth interested
in continuing their education but unable to participate in a
regular public school program.
``(e) Uses of Funds.--Funds provided to local educational
agencies under this section may be used for--
``(1) dropout prevention programs which serve youth at
educational risk, including pregnant and parent teens, youth
who have come in contact with the juvenile justice system,
youth at least one year behind their expected grade level,
migrants, immigrants, students with limited-English
proficiency and gang members;
``(2) the coordination of health and social services for
such youth if there is a likelihood that the provision of
such services including day care and drug and alcohol
counseling, will improve the likelihood such students will
complete their education; and
``(3) programs to meet the unique education needs of youth
at risk of dropping out, which may include vocational
education, special education, career counseling, and
assistance in securing student loans or grants.
``(f) Program Requirements for Correctional Facilities
Receiving Funds Under This Section.--Each facility entering
into a partnership with a local educational agency to provide
services to youth under this section shall--
``(1) ensure educational programs in juvenile facilities
are coordinated with the student's home school, particularly
with respect to special education students with an
individualized education program;
``(2) notify the local school of a youth if the youth is
identified as in need of special education servicers while in
the facility;
``(3) provide transition assistance to help the youth stay
in school, including coordination of services for the family,
counseling, assistance in accessing drug and alcohol abuse
prevention programs, tutoring, and family counseling;
``(4) provide support programs which encourage the youth
who have dropped out to reenter school once their term has
been completed or provide such youth with the skills
necessary for them to gain employment or seek a high school
equivalency certificate;
``(5) work to ensure facilities are staffed with teachers
and other qualified staff who are also trained to work with
children with disabilities and other special needs students
taking into consideration such unique needs;
``(6) ensure educational programs in correctional
facilities are related to assisting students meet high
educational standards;
``(7) use, to the extent possible, technology to assist
coordinating educational programs between the juvenile
facility and community school;
``(8) involve parents in efforts to improve the educational
achievement of their children and prevent the further
involvement of such children in delinquent activities;
``(9) coordinate funds received under this program with
other available State, local, and Federal funds to provide
services to participating youth, including the Job Training
Partnership Act, and vocational education;
``(10) coordinate programs operated under this section with
activities funded under the Juvenile Justice and Delinquency
Prevention Act, if applicable; and
``(11) if appropriate, work with local businesses to
develop training and mentoring programs for participating
youth.
``(g) Accountability.--The State educational agency may--
``(1) reduce or terminate funding for projects funded under
this section in local educational agencies if such agencies
do not show progress in reducing dropout rates for male
students and for female students over a 3-year period; and
``(2) require juvenile facilities to demonstrate, after 3
years, that there has been an increase in the number of youth
returning to school, obtaining high school equivalency
certificates, or obtaining employment after such youth are
released.
``SEC. 1411. PROGRAM EVALUATIONS.
``(a) Scope of Evaluation.--Each State agency or local
educational agency that conducts a program under subpart 1 or
2 shall evaluate the program, disaggregating data on
participation by sex, and if feasible, by race, ethnicity,
and age, not less than once every 3 years to determine its
impact on the ability of participants to--
``(1) maintain and improve educational achievement;
``(2) accrue school credits that meet State requirements
for grade promotion and high school graduation;
``(3) for delinquent youth, make the transition to a
regular program or other education program operated by a
local educational agency; and
``(4) complete high school (or high school equivalency
requirements) and obtain employment after leaving the
institution.
``(b) Evaluation Measures.--In conducting each such
evaluation with respect to subsection (a)(1), a State agency
or local educational agency shall use multiple and
appropriate measures of student progress.
``(c) Evaluation Results.--Each State agency and local
educational agency shall --
``(1) submit evaluation results to the State educational
agency; and
``(2) use the results of evaluations under this section to
plan and improve subsequent programs for participating
children.
``SEC. 1412. DEFINITIONS.
``For the purpose of this part, the following terms have
the following meanings:
``(1) The term `adult correctional institution' means a
facility in which persons are confined as a result of a
conviction for a criminal offense, including persons under 21
years of age.
``(2) The term `at risk youth' means school aged youth who
are at risk of academic failure, have drug or alcohol
problems, are pregnant or are parents, have come into contact
with the juvenile justice system in the past, are at least
one year behind the expected grade level for such age, have
limited-English proficiency, are gang members, have dropped
out in the past, or have high absenteeism rates.
``(3) The term `community-day program' means a regular
program of instruction provided by a State agency at a
community-day school operated specifically for delinquent
children.
``(4) The term `institution for delinquent children' means
a public or private residential facility for the care of
children who have been adjudicated to be delinquent or in
need of supervision.
``PART E--FEDERAL EVALUATIONS, DEMONSTRATIONS, AND TRANSITION PROJECTS
``SEC. 1501. EVALUATIONS.
``(a) National Assessment.--(1) The Secretary shall conduct
a national assessment of programs under this title, in
coordination with the ongoing Chapter 1 Longitudinal Study
under subsection (b) of this section, that shall be planned,
reviewed, and conducted in consultation with an independent
panel of researchers, State practitioners, local
practitioners, and other appropriate individuals.
``(2) The assessment shall examine how well schools, local
educational agencies, and States--
``(A) are progressing toward the goal of all children
served under this title reaching the State's content and
performance standards; and
``(B) are accomplishing the specific purposes set out in
section 1001(d) of this title to achieve this goal,
including--
``(i) ensuring high standards for all children and aligning
the efforts of States, local educational agencies, and
schools to help children reach them;
``(ii) providing children an enriched and accelerated
educational program through schoolwide programs or through
additional services that increase the amount and quality of
instructional time that children receive;
``(iii) promoting schoolwide reform and access of all
children to effective instructional strategies and
challenging academic content;
``(iv) significantly upgrading the quality of the
curriculum and instruction by providing staff in
participating schools with substantial opportunities for
professional development;
``(v) coordinating services under all parts of this title
with each other, with other educational services, including
preschool services, and, to the extent feasible, with health
and social service programs funded from other sources;
``(vi) affording parents meaningful opportunities to
participate in the education of their children at home and at
school, including the provisions of family literacy services;
``(vii) distributing resources to areas where needs are
greatest;
``(viii) improving accountability, as well as teaching and
learning, by making assessments under this title congruent
with State assessment systems; and
``(ix) providing greater decisionmaking authority and
flexibility to schools in exchange for greater responsibility
for student performance.
``(3) Where feasible, the Secretary shall use information
gathered from a variety of sources, including the National
Assessment of Educational Progress, State evaluations, and
available research studies in carrying out this subsection.
``(4) The Secretary shall submit a biennial report
summarizing the cumulative findings to date of the assessment
to the President and the appropriate committees of the
Congress.
``(b) Studies and Data Collection.--The Secretary may
collect such data, as necessary, at the State, local, and
school levels and conduct studies and evaluations, including
national studies and evaluations, to assess on an ongoing
basis the effectiveness of programs under this title and to
report on such effectiveness on a periodic basis.
``(c) National Evaluation of Title I.--The Secretary shall
carry out an ongoing evaluation of the program under part A
of this title in order to provide the public, Congress, and
educators involved in such program, an accurate description
of the effectiveness of such program and provide information
that can be used to improve such program's effectiveness.
Such evaluation shall--
``(1) have a longitudinal design tracking cohorts of
students for at least 3 years which, when the cohorts are
taken as a whole, provides a picture of such program's
effectiveness over the elementary and secondary grades;
``(2) be separate and independent from State and local
assessments and evaluations as required under this part;
``(3) utilize the highest available content standards that
are generally accepted as national in scope;
``(4) provide information on all students, students served
under this part, and, if funds are sufficient, information on
students from low-income families and limited English
proficient students; and
``(5) when feasible, collect, cross-tabulate, and report
data by sex within race or ethnicity and socioeconomic
status.
The Secretary shall use the information from this evaluation
as part of the national assessment required by subsection (a)
and shall report the data from this evaluation to the
Congress and the public at least as frequently as that
assessment.
``(d)(1) In conducting the National Assessment under
subsection (a) and the National Evaluation under subsection
(b), the Secretary shall not assess the progress of students
in grade 1, kindergarten, and pre-kindergarten on the basis
of outcome measures such as content and performance
standards;
``(2) any assessments of children in grade 2 shall utilize
matrix sampling and be performance-based; and
``(3) any data collected regarding children in grade 2
shall--
``(A) be collected at multiple points in time;
``(B) not be used to stigmatize, label, or place any child;
and
``(C) be collected in multiple domains.
``(e) Parental Involvement, Study, Report and
Dissemination.--(1) The Secretary, through the Office of
Education Research and Improvement, shall conduct a study to
identify and describe--
``(A) common barriers to effective parental involvement in
the education of participating children; and
``(B) successful local policies and programs which improve
parental involvement and the performance of participating
children.
``(2) The Secretary shall--
``(A) complete such study by December 31, 1995;
``(B) report the findings of such study to the Committee on
Education and Labor of the House of Representatives and to
the Committee on Labor and Human Resources of the Senate; and
``(C) disseminate the findings, relating to the successful
local policies and programs which improve parental
involvement and the performance of participating children, to
local educational agencies.
``SEC. 1502. DEMONSTRATIONS OF INNOVATIVE PRACTICES.
``(a) Demonstration Programs To Improve Achievement.--(1)
From the funds appropriated for any fiscal year under section
1002(7)(B), the Secretary may make grants to State
educational agencies, local educational agencies, other
public agencies, nonprofit organizations, public/private
partnerships involving business and industry organizations,
and consortia of such bodies to carry out demonstration
projects that show the most promise of enabling children
served under this title to meet challenging State standards.
Such projects shall include promising strategies such as--
``(A) accelerated curricula, the application of new
technologies to improve teaching and learning, extended
learning time, and a safe and enriched full-day environment
for children to provide them the opportunity to reach high
standards;
``(B) integration of education services with each other and
with health, family, and other social services such as
mentoring programs, particularly in empowerment zones and
enterprise communities;
``(C) effective approaches to whole school reform;
``(D) programs that have been especially effective with
limited English proficient children, migratory children and
other highly mobile students, children leaving institutions
for neglected or delinquent children and returning to school,
and homeless children and youth; and
``(E) programs that are built upon partnerships developed
between elementary and middle schools, employers, and the
community which emphasize the integration of high quality
academic and vocational learning, stress excellence and high
expectations for success in core academic subjects, instill
responsibility, decisionmaking, problem solving,
interpersonal skills, and other competencies in students, and
make school relevant to the workplace and the community,
through applied and interactive teaching methodologies, team
teaching strategies, learning opportunities connecting
school, the workplace, and the community, and career
exploration, awareness, and career guidance opportunities.
``(2) The Secretary shall evaluate the demonstration
projects supported under this title, using rigorous
methodological designs and techniques, including control
groups and random assignment, to the extent feasible, to
produce reliable evidence of effectiveness.
``(b) Partnerships.--(1) From funds appropriated under
section 1002(7)(B) for any fiscal year, the Secretary may,
directly or through grants or contracts, work in partnership
with State educational agencies, local educational agencies,
other public agencies, and non-profit organizations to
disseminate and use the highest quality research and
knowledge about effective practices to improve the quality of
teaching and learning in schools supported under this title.
``SEC. 1503. INNOVATIVE ELEMENTARY SCHOOL TRANSITION
PROJECTS.
``(a) In General.--From not less than $10,000,000 of the
amount appropriated under section 1002(7)(B) the Secretary
shall provide financial assistance to support innovative
transition projects in elementary schools.
``(b) Grants.--(1) From 70 percent of the amount reserved
under subsection (a) to carry out this section, the Secretary
shall make grants to local educational agencies for the
purpose of supporting projects, for children from low-income
families who previously attended Head Start, Even Start, or
similar preschool programs, which provide educational and
other services in kindergarten and early elementary grades.
``(2) The purpose of such projects are to assist such
children to--
``(A) make a successful transition from preschool through
the early elementary grades; and
``(B) achieve challenging academic standards.
``(3) A program assisted under this subsection shall--
``(A) provide transition-to-elementary school activities,
such as--
``(i) development of a transition plan for each child,
which provides for support and assistance through the third
grade;
``(ii) transfer of each child's preschool records to the
elementary school (with parental consent);
``(iii) formal meetings between a child's parent, preschool
teacher, and kindergarten or first grade teacher; and
``(iv) kindergarten visits and other orientation activities
for preschool children prior to enrollment in elementary
school;
``(B) use a model instructional approach for which
financial assistance is provided under subsection (d);
``(C) provide directly or through referral comprehensive
educational, health, nutritional, social, and other services
as will aid in the continued development of eligible children
to their full potential; and
``(D) provide for the direct participation of the parents
of such children in the development, operation, and
evaluation of such program.
``(c) Applications and Grant Priority.--(1) An application
for a grant under subsection (b) shall--
``(A) describe the transition-to-elementary school
activities which the applicant plans to administer;
``(B) describe the model instructional approach the
applicant will use, and the manner in which the applicant
will implement such approach;
``(C) provide evidence that the applicant has made a formal
arrangement to receive technical assistance and training from
the agency, organization, or institution which sponsors such
approach and receives funds under subsection (d);
``(D) describe the manner in which the applicant will
provide comprehensive services to the children to be served;
``(E) describe how the applicant will provide for direct
participation by parents in the planning, operation, and
evaluation of such program;
``(F) describe how such program will be coordinated with
title I, title VII, and other programs authorized under this
Act; and
``(G) provide evidence that--
``(i) the applicant has entered into formal arrangements
with local Head Start, Even Start, and other preschool
programs to ensure that the transition activities supported
by such program are effective; and
``(ii) the transition activities, instruction, and other
services to be provided by the applicant have been
specifically designed to build upon, and coordinate with,
those services provided to eligible children and their
parents in local Head Start, Even Start and other similar
preschool programs.
``(2) In making grants under subsection (b), the Secretary
shall--
``(A) give priority to applicants that--
``(i) propose to administer a project in schools designated
as a schoolwide program under section 1114 of this Act; and
``(ii) propose to use an innovative transition and
instructional approach which has been shown to be effective
for the purpose described in paragraph (2) of subsection (b);
and
``(B) provide sufficient funds to enable programs to meet
the purposes of paragraph (1) and the requirements of
paragraph (2).
``(d) Technical Assistance and Training.--From 30 percent
of the amount reserved under subsection (a), the Secretary
shall make grants to public and private nonprofit agencies,
institutions, and organizations to provide--
``(1) technical assistance in the implementation and
expanded use of model transition and instructional
approaches; and
``(2) training in conjunction with the implementation and
operation of such model approaches.
``(e) General Provisions.--
``(1) An application for assistance under this section may
not be approved unless the Secretary is satisfied that the
services to be provided by the applicant will supplement, and
not supplant, services previously provided without Federal
assistance.
``(2) A program which receives assistance under subsection
(b) must demonstrate that such program achieved the purposes
described in paragraph (2) of such subsection in order to be
eligible for a renewal grant.
``PART F--GENERAL PROVISIONS
``SEC. 1601. FEDERAL REGULATIONS.
``(a) In General.--The Secretary is authorized to issue
such regulations as are necessary to reasonably ensure that
there is compliance with this title.
``(b) Negotiated Rulemaking Process.--(1) Prior to
publishing proposed regulations in the Federal Register to
carry out this title, the Secretary shall obtain the advice
and recommendations of representatives of Federal, State, and
local administrators, parents, teachers, and members of local
boards of education involved with the implementation and
operation of programs under this title.
``(2) Such advice and recommendations may be obtained
through such mechanisms as regional meetings and electronic
exchanges of information.
``(3) After obtaining such advice and recommendations, and
prior to publishing proposed regulations, the Secretary
shall--
``(A) establish a negotiated rulemaking process on a
minimum of 4 key issues, including--
``(i) schoolwide projects;
``(ii) standards and assessment;
``(iii) parental involvement; and
``(iv) professional development;
``(B) select individuals to participate in such process
from among individuals or groups which provided advice and
recommendations, with representation from all geographic
regions; and
``(C) prepare a draft of proposed policy options that shall
be provided to the individuals selected by the Secretary
under subparagraph (A) not less than 45 days prior to the
first meeting under such process.
``(4) Such process--
``(A) shall be conducted in a timely manner to ensure that
final regulations are issued by the Secretary not later than
the 240-day period required by section 437 of the General
Education Provisions Act;
``(B) shall not be subject to the Federal Advisory
Committee Act but shall otherwise follow the provisions of
the Negotiated Rulemaking Act of 1990 (5 U.S.C. 561 et seq.).
``(5) In an emergency situation in which regulations to
carry out this title must be issued with a very limited time
to assist State and local educational agencies with the
operation of the program, the Secretary may issue proposed
regulations without following such process but shall,
immediately thereafter and prior to issuing final
regulations, conduct regional meetings to review such
proposed regulations.
``(c) Special Rule.--Funds made available under section
1002(7) may not be released by the Secretary for expenditure
until such time as final regulations to carry out part A are
published in the Federal Register.
``(d) Limitation.--Regulations to carry out this part may
not require local programs to follow a particular
instructional model, such as the provision of services
outside the regular classroom or school program.
``SEC. 1602. COORDINATION OF FEDERAL, STATE, AND LOCAL
ADMINISTRATION.
``(a) Program Assistance Manual.--The Secretary shall, not
later than 6 months after the publication of final
regulations under this title, prepare and distribute to State
educational agencies, State agencies operating programs under
parts C and D, and local educational agencies, and shall make
available to parents and other interested individuals,
organizations, and agencies, a manual for this title to--
``(1) assist such agencies in--
``(A) enhancing the quality, increasing the depth, or
broadening the scope of activities for programs under this
title;
``(B) applying for program funds under this title; and
``(C) meeting the program objectives under this title;
``(2) assist State educational agencies in achieving proper
and efficient administration of programs funded under this
title;
``(3) assist parents to become involved in the planning
for, and implementation and evaluation of, programs and
projects under this title; and
``(4) ensure that officers and employees of the Department
of Education, including officers and employees of the
Secretary and officers and employees of such Department
charged with auditing programs carried on under this title,
uniformly interpret, apply, and enforce requirements under
this title throughout the United States.
``(b) Contents of Policy Manual.--The policy manual shall,
with respect to programs carried out under this title,
contain descriptions, statements, procedural and substantive
rules, opinions, policy statements and interpretations and
indices to and amendments of the foregoing, and in
particular, whether or not such items are required under
section 552 of title 5, United States Code, to be published
or made available. The manual shall include--
``(1) a statement of the requirements applicable to the
programs carried out under this title, including such
requirements contained in this title, the General Education
Provisions Act, other applicable statutes, and regulations
issued under the authority of such statutes;
``(2) an explanation of the purpose of each requirement and
its interrelationship with other applicable requirements; and
``(3) model forms and instructions developed by the
Secretary for use by State and local educational agencies, at
their discretion, including, application forms, application
review checklists, and instruments for monitoring programs
under this title.
``(c) Response to Inquiries.--The Secretary shall respond
with written guidance not more than 90 days after any written
request (return receipt requested) from a State or local
educational agency regarding a policy, question, or
interpretation under this title. In the case of a request
from a local educational agency, such agency is required to
address its request to the State educational agency first.
``SEC. 1603. STATE ADMINISTRATION.
``(a) Rulemaking.--(1) Each State that receives funds under
this title shall--
``(A) ensure that any State rules, regulations, and
policies relating to this title conform to the purposes of
this title and provide any such proposed rules, regulations,
and policies to the Committee of Practitioners for their
review and comment;
``(B) minimize such rules, regulations, and policies to
which their local educational agencies and schools are
subject; and
``(C) identify any such rule, regulation, or policy as a
State-imposed requirement.
``(2) State rules, regulations, and policies under this
title shall support and facilitate local educational agency
and school-level systemic reform designed to enable all
children to meet the State's standards.
``(b) Committee of Practitioners.--(1) Each State
educational agency shall create a State committee of
practitioners to advise the State in carrying out its
responsibilities under this title.
``(2) Each such committee shall include--
``(A) as a majority of its members, representatives from
local educational agencies;
``(B) administrators;
``(C) teachers, including vocational educators;
``(D) parents;
``(E) members of local boards of education;
``(F) representatives of private school children; and
``(G) counselors.
``(3) The duties of the committee shall include a review,
prior to publication, of any proposed or final State rule or
regulation pursuant to this title. In an emergency situation
where such rule or regulation must be issued within a very
limited time to assist local educational agencies with the
operation of the program, the State educational agency may
issue a regulation without prior consultation, but shall
immediately thereafter convene the State committee of
practitioners to review the emergency regulation prior to
issuance in final form.
``(c) Payment For State Administration.--Each State may
reserve for the proper and efficient performance of its
duties under this title the greater of--
``(1) one percent of the funds received under section
1002(a) and (c) through (f); or
``(2) $325,000, or $50,000 in the case of Guam, American
Samoa, the Virgin Islands, the Northern Mariana Islands, and
Palau (until the Compact of Free Association takes effect).
amendments en bloc offered by mr. kildee
Mr. KILDEE. Mr. Chairman, I offer amendments.
The CHAIRMAN. The Clerk will designate the amendments.
The text of the amendments en bloc is as follows:
Amendments en bloc offered by Mr. Kildee:
amendment to h.r. 6, as reported offered by mr. orton of utah
Page 201, line 6, strike ``$325,000'' and insert
``$375,000''.
amendment by mr. goodling to h.r. 6
Page 657, after line 15, add the following section:
``(1) Exception--States which do not, as of the date of
enactment of this Act, have in place a system for collecting
such data for all students in such State, are not required to
meet the requirement of this section as it pertains to the
educational programs and services available to limited
English proficient students. In the event such State develops
a system for collecting data on the educational programs and
services available to all students in the State, then such
State is required to comply with this requirement.
amendment by mr. owens to h.r. 6
Page 264, line 17, after ``facilities,'' insert ``adult and
family education programs,''
Page 267, line 15, after ``Labor,'' insert ``the National
Institute for Literacy,''
Page 268, after line 12, add a new ``(E)'' (and redesignate
succeeding paragraphs accordingly)
``(E) increased access to high quality adult and family
education services through the use of technology for
instruction and professional development;''
Page 269, line 20, delete ``and'' and insert ``,'' and line
21, after ``1993'' insert ``, and the National Literacy Act''
Page 270, line 3, after the comma insert `` adult and
family education,''
Page 272, line 20, after ``students'' insert ``of all
ages'' and line 21, strike ``local educational agencies'' and
insert in lieu thereof ``educational settings''
Page 276, after line 8 insert ``(iii) adult and family
education programs;'' (and redesignate succeeding paragraphs
accordingly)
Page 277, line 17, delete the first ``and'' and line 18,
after ``efforts'' insert '', and how it will contribute to
creating a high quality system of lifelong learning''
Page 280, line 23, after ``staff'' insert '', and adult and
family educators''
Page 282, line 7, insert a new ``(2)'' (and redesignate the
following paragraphs accordingly)
``(2) would provide services to programs serving adults,
especially parents, with low levels of literacy; and''
Page 287, line 2, after ``agencies'' insert '', and adult
and family education programs''
Page 288, line 21, after ``students'' insert ``of all
ages''
amendment to h.r. 6, as reported offered by mr. traficant of ohio
Page 762, after line 8, insert the following:
``SEC. 9508. 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, 1933 (41 U.S.C. 10a-10c, popularly
known as the ``Buy American Act'').
``SEC. 9509. 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. 9510. 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.
amendment by mr. owens to h.r. 6
Page 762, after line 23, insert the following new part:
``Part G--Custodial Service
SEC. 9701. COMPENSATION OF CUSTODIANS.
Notwithstanding any other provisions of law, a local
educational agency which contains five countries in their
entirety and has a student population which exceeds 900,000
may not use any assistance under this Act to provide
compensation or other financial benefits to personnel who
provide janitorial or custodial services to and within
schools.''
amendment to h.r. 6, as reported offered by mr. kildee
Page 752, strike line 2 and all that follows through line
12 of page 754 and insert the following:
``SEC. 9401. WAIVERS OF STATUTORY AND REGULATORY
REQUIREMENTS.
``(a) General.--Except as provided in subsection (c), the
Secretary may waive any requirement of this Act or any
regulation under this Act for a State educational agency,
local educational agency, Indian tribe, or school, or that--
``(1) receives funds under a program authorized by this
Act; and
``(2) requests a waiver as prescribed in subsection (b).
``(b) Request for Waiver.--(1) A State educational agency,
local educational agency, or Indian tribe which desires a
waiver shall submit a request to the Secretary that--
``(A) identifies the Federal programs affected by such
requested waiver;
``(B) describes which Federal requirements are to be waived
and how the waiving of such requirements will--
``(i) increase the quality of instruction to students; or
``(ii) improve the academic performance of students;
``(C) if applicable, describes which similar State and
local requirements will be waived and how the waiving of such
requirements will assist the local educational agencies or
Indian tribe and schools to achieve the objectives described
in this paragraph;
``(D) describes specific, measurable educational
improvement goals and expected outcomes for all affected
students;
``(E) describes the methods to be used to measure progress
in meeting such goals and outcomes; and
``(F) describes how schools will continue to provide
assistance to the same populations served by programs for
which waivers are requested.
``(2) Such requests under this section--
``(A) may provide for waivers of requirements applicable to
State educational agencies, local educational agencies,
Indian tribes, and schools.
``(C) comparability of services;
``(D) use of Federal funds to supplement, not supplant non-
Federal funds;
``(E) equitable participation of private school students
and teachers; and
``(F) parental participation and involvement;
``(2) the elements of a charter school described in section
3407(1); or
``(3) the prohibitions regarding--
``(A) state aid in section 9502; or
``(B) use of funds for religious worship or instruction in
section 9507.
``(e) Duration and Extension of Waiver.--(1) The duration
of a waiver approved by the Secretary may be for a period not
to exceed 3 years.
``(2) The Secretary may extend such period if the Secretary
determines that the use of such waiver has increased the
quality of instruction or the academic performance of
students.
``(f) Termination of Waivers.--The Secretary shall
terminate a waiver under this section if--
``(1) the Secretary determines that the use of a waiver has
not increased the quality of instruction or improved the
academic performance of students; or
``(2) such waiver is no longer needed by the recipient to
achieve the objectives of such waiver.
``(g) Reports.--
``(1) A local educational agency that receives a waiver
under this section shall annually submit a report to the
State educational agency that--
``(A) describes the uses of such waiver by such agency or
by schools;
``(B) describes how schools continued to provide assistance
to the same populations served by the programs for which
waivers are requested; and
``(C) evaluates the progress of such agency and of schools
in improving the quality of instruction on the academic
performance of students.
``(2) A State educational agency that receives reports
required by paragraph (1) shall annually submit a report to
the Secretary that summarizes such reports.
``(3) An Indian tribe that receives a waiver under this
section shall annually submit a report to the Secretary
that--
``(A) describes the uses of such waiver by schools operated
by such tribe; and
``(B) evaluates the progress of such schools in improving
the quality of instruction or the academic performance of
students.
``(3) The Secretary annually shall submit to the Committee
on Education and Labor of the House of Representatives and
the Committee on Labor and Human Resources of the Senate a
report--
``(A) summarizing the uses of waivers by State educational
agencies, local educational agencies, Indian tribes, and
schools; and
``(B) describing whether such waivers--
``(i) increased the quality of instruction to students; or
``(ii) improved the academic performance of students.
amendment by mr. owens to h.r. 6
Page 880, line 1, insert the following new subparagraph
(and redesignate succeeding subparagraphs accordingly)--
``(F) violence against teachers and students, and other
indices of school safety;''
amendment to h.r. 6, as reported offered by Mr. hoyer of maryland
Page 900, after line 23, insert the following (and
redesignate any subsequent sections accordingly):
SEC. 502. STUDY OF THE EFFECTIVENESS AND IMPACT OF FEDERAL
CATEGORICAL AID PROGRAMS.
(A) Study.--In addition to the national assessment
conducted pursuant to section 1501 of the Elementary and
Secondary Education Act of 1965, as amended by section 101 of
this Act, the Secretary of Education shall conduct a
comprehensive study of the effectiveness of other Federal
categorical aid programs and the administrative impact of
such programs on schools and local educational agencies.
(b) Contents.--Such study shall--
(1) examine the effectiveness of elementary and secondary
school categorical programs, including those authorized in
this Act and elsewhere, in improving the educational
achievement of participating students;
(2) encompass an in-depth evaluation of the administrative
impact of the broad range of categorical programs on
participating schools and local educational agencies;
(3) include a comprehensive review of the programs to
determine their effect on--
(A) the improvement in educational achievement of
participating students;
(B) school and local educational agencies' administrative
responsibilities and structure, including the use of local
and State resources, with particular attention to schools and
agencies serving a high concentration of disadvantaged
students; and
(C) overall school reform efforts, including efforts
undertaken by States and encouraged by Federal laws, such as
the Goals 2000: Educate America Act;
(4) evaluate the effect of Federal categorical programs at
the elementary and secondary levels on the proliferation of
State categorical education aid programs and regulations, and
the impact on student achievement and school and local
educational agency administrative responsibilities and
structure; and
(5) examine the effect of waivers on categorical program
requirements and other flexibility provisions in this Act,
the School-to-Work Opportunities Act, and the Goals 2000;
Educate America Act on improvement in educational achievement
of participating students and on school and local educational
agency administrative responsibilities, structure, and
resources.
(c) Panel.--The Secretary shall appoint an independent
panel to review the plan for the study, to advise on the
program of the study, and to comment, if it so wishes, on the
final report.
(d) Report.--The Secretary shall submit the report not
later than January 1, 1997, to the Committee on Education and
Labor of the House of Representatives, to the Senate
Committee on Labor and Human Resources, and to the Labor,
Health and Human Services, and Education Subcommittees of the
House and Senate Appropriations Committees.
Amendment by Mr. Williams for himself and Mr. Goodling
Page 738, line 8, strike section 9104 and insert the
following:
``Sec. 9104. For purposes of any competitive program under
this Act, a consortia of schools operated by the Bureau of
Indian Affairs, a school operated under a contract or grant
with the Bureau of Indian Affairs in consortia with another
contract or grant school or tribal or community organization,
or a Bureau of Indian Affairs school in consortia with an
Institution of Higher Education, a contract or grant school
and tribal or community organization shall be given the same
consideration as a local education agency. Such consortia
shall apply through the Bureau of Indian Affairs, which shall
apply to the Department of Education on their behalf.''
amendment to h.r. 6, as reported, offered by ms. kaptur of ohio
Page 330, line 4, insert the following (and redesignate the
subsequent subparagraphs accordingly):
``(L) programs designed to reduce excessive student
mobility, retain students who move within a school district
at the same school, educate parents about the effect of
mobility on a child's education and encourage parents to
participate in school activities;
Mr. KILDEE. Mr. Chairman, I ask unanimous consent that the amendments
be considered en bloc.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. KILDEE. Mr. Chairman, I ask unanimous consent to modify the en
bloc amendments.
The CHAIRMAN pro tempore. The Clerk will report the modification.
The Clerk read as follows:
Modification offered by Mr. Kildee to the amendments en
bloc offered by Mr. Kildee:
amendment to h.r. 6, as reported, offered by Mr. richardson of new
mexico
In section 101 of the bill, in subparagraph (A) of section
8009(b)(2) of the Elementary and Secondary Education Act of
1965 (as proposed to be added by such section 101), strike
``For purposes'' and insert ``(i) For purposes''.
In section 101 of the bill, in subparagraph (A) of section
8009(b)(2) of the Elementary and Secondary Education Act of
1965 (as proposed to be added by such section 101), add at
the end the following:
``(ii) If a program of State aid uses a `weighted-pupil', a
`classroom', `instructional unit', or other designated unit
of need in determining allocations of State aid in order to
take account of special cost differentials, the computation
of pre-pupil revenue or current expenditures may be made on
the basis of any such unit of need.''
amendment to h.r. 6, as reported, offered by mr. quillen of tennessee
In section 101 of the bill, at the end of section 8003 of
the Elementary and Secondary Education Act of 1965 (as
proposed to be added by such section 101), insert the
following new subsection:
``(e) School District Containing Forest Service Land and
Serving Certain Counties.--Beginning with fiscal year 1995, a
school district shall be deemed to meet the requirements of
subsection (a)(1)(C) if such school district meets the
following requirements:
``(1) The school district contains between 50,000 and
55,000 acres of land that has been acquired by the Forest
Service of the Department of Agriculture between 1915 and
1990, as demonstrated by written evidence from the Forest
Service satisfactory to the Secretary.
``(2) The school district serves a county chartered by
State law in 1875.''
amendment to h.r. 6, as reported, offered by ms. long of indiana
Page 271, after line 11, insert the following:
``(13) the development, demonstration and evaluation of a
Buddy System Computer Education grant to each of three states
having demonstrated ability or commitment to computer-based
technology education to establish an education program for
students in 6th through 8th grades in which computers are
placed and linked in students' classrooms and homes.''
Page 271, line 12, delete ``13'' and insert ``14''.
amendment to h.r. 6, as reported, offered by mr. hoyer of maryland
Page 71, line 2, strike ``that is deems appropriate'' and
insert '', which may include actions in compliance with state
law to withhold or transfer funds and authority from schools
that are failing to make adequate progress as defined in
section 1111(b)(2), as will assure adequate progress for all
students''.
amendment to h.r. 6, as reported, offered by mr. kildee of michigan and
mr. goodling of pennsylvania
On page 112, after line 21, add the following, ``(3)
However, no State may receive less under this section for
fiscal years 1995 and 1996 than it received the preceding
year, or fiscal year 1993, whichever is greater, as a result
of application of paragraph (2).''
amendment to h.r. 6, as reported, offered by mr. dooley of california
On page 767, at the end of line 9, change the period to
semicolon and add the following new line,
``(7) when applicable, strategies to ensure that the health
and welfare needs from migratory families are addressed.''
On page 184, at the end of line 24 add the following
sentence,
``The Secretary shall report no later than December 31,
1997 to the House Committee on Education and Labor and the
Senate Committee on Labor and Human Resources on how
schoolwide programs are meeting the needs of children from
migratory families.''
amendment to h.r. 6, as reported, offered by mr. gilman of new york
Page 193, after line 5, insert the following (and
redesignate any subsequent paragraphs accordingly):
``(2) An application for a grant under subsection (b) may
provide for the use of mentors who are high school or college
students trained to provide tutoring to elementary and
secondary students formerly enrolled in Head Start or Even
Start programs.''
amendment to h.r. 6, as reported offered by mr. kildee
Page 879, line 23, strike ``education;'' and insert
``education, including the supply and demand for such
teachers;''.
Page 879, line 24, strike ``environment;'' and insert
``environment, including the nature and incidence of violence
affecting students, school personnel, and other individuals
participating in school activities;''
Page 884, line 25, strike ``influence;'' and inset
``influence; and''.
Page 885, line 1, insert ``and the National Assessment
Governing Board'' after ``Commissioner''.
Page 885, line 2, strike ``Progress,'' and all that follows
through line 12 and insert ``Progress.''
Page 896, strike lines 6 through line 9 and insert the
following:
``(e) Student Performance Levels.--(1) The National
Assessment Governing Board established under section 412,
working with the Assistant Secretary, shall develop
appropriate student performance levels for each age and grade
in each subject area to be tested under the National
Assessment.''.
Page 896, line 8, strike ``goals'' and insert ``levels''.
Page 896, line 12, strike ``goals'' and insert ``levels''.
Page 896, line 13, strike ``Such goals'' and insert ``(A)
Such levels''.
Page 896, line 14, strike ``(A)'' and insert ``(i)''.
Page 896, line 18, strike ``(B)'' and insert ``(ii)''.
Page 896, line 20, strike ``goals'' and insert ``levels''.
Page 896, line 23, strike ``(C)'' and insert ``(iii)''.
Page 896, after line 23, insert the following:
``(B) In using such levels on a trial basis, the
Commissioner and the Board shall/may only issue reports on
such levels separate and apart from the regular reports on
the National Assessment and State assessments.
``(4) After determining that such levels are reasonable,
valid and informative, the Commissioner may use such levels
or other methods or indicators for reporting results of the
National Assessment and State assessments.
Page 897, line 4, strike ``goals'' and insert ``levels''.
Redesignate section 412 as section 413.
Page 898, after line 5, insert the following:
``SEC. 412. NATIONAL ASSESSMENT GOVERNING BOARD
``(a) Establishment.--There is established the National
Assessment Governing Board (the ``Board'') which shall
formulate policy guidelines for the National Assessment, as
provided in subsection (e).
``(b) Membership.--(1) The Board shall be appointed by the
Secretary and shall be composed of--
``(A) 2 Governors, or former Governors, who shall not be
members of the same political party;
``(B) 2 State legislators, who shall not be members of the
same political party;
``(C) 2 chief State school officers;
``(D) 1 member of a State board of education;
``(E) 1 superintendent of a local educational agency;
``(F) 1 member of a local board of education;
``(G) 3 classroom teachers representing the grade levels at
which the National Assessment is conducted;
``(H) 1 representative of business or industry;
``(I) 2 curriculum specialists;
``(J) 3 testing and measurement experts;
``(K) 1 nonpublic school administrator or policymaker;
``(L) 2 school principals, one of whom is an elementary
school principal and the other of whom is a secondary
principal; and
``(M) 4 additional members who are representatives of the
general public, including parents.
``(2) The Assistant Secretary for Educational Research and
Improvement shall serve as an ex officio and nonvoting member
of the Board.
``(3) In making appointments under this subsection and
filling vacancies under subsection (d), the Secretary shall
ensure that the membership of the Board reflects regional,
racial, gender, and cultural diversity and balance.
``(c) Terms.--(1) Terms of service of members of the Board
shall be staggered and may not exceed a period of 3 years, as
determined by the Secretary.
``(2) Members of the Board may serve not more than two
consecutive terms.
``(3) A members of the Board who changes status under
subsection (b) during the term of the appointment of the
member may continue to serve as a member until the expiration
of such term.
``(d) Vacancies.--The Secretary shall appoint new members
to fill vacancies on the Board--
``(1) after soliciting recommendations from a wide variety
of organizations, including those representing the types of
individuals listed in subsection (b)(1); and
``(2) in a manner which maintains the composition,
diversity and balance of the Board required under subsection
(b).
``(e) Duties.--(1) The Board, working with the Assistant
Secretary, shall develop--
``(A) appropriate student performance levels as provided in
section 411(e);
``(B) assessment objectives and test specifications through
a national consensus approach which includes the active
participation of teachers, curriculum specialists, local
school administrators, parents, and concerned members of the
public.
``(C) guidelines for analysis plans and for reporting and
disseminating National Assessment results; and
``(D) recommendations for actions needed to improve the
form and use of the National Assessment.
``(2) The Board, working with the Commissioner, shall take
steps to ensure that all items selected for use in the
National Assessment are free from racial, cultural, gender,
or regional bias.
``(3) In carrying out the duties required by paragraph (1),
the Board shall seek technical advice, as appropriate, from
the Commissioner and the Advisory Council on Education
Statistics.
``(4) Within 90 days following an evaluation of the student
performance levels under section 411(f), the Board shall make
a report the Secretary of Education, the Committee on
Education and Labor of the House of Representatives, and the
Committee on Labor and Human Resources of the Senate
describing the steps the Board is taking to respond to each
of the recommendations contained in such evaluation.
``(f) Personnel.--(1) The Secretary may appoint, at the
request of the Board, such staff as will enable the Board to
carry out its responsibilities under subsection (e)(1).
``(2) Such appointments may include, for terms not to
exceed 3 years and without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, not more than 6 technical employees who
may be paid 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.
``(g) Coordination.--The Commissioner and the Board shall
meet periodically to ensure coordination of their duties and
activities relating to the National Assessment.
``(h) Administration.--(1) Sections 10, 11, and 12 of the
Federal Advisory Committee Act are the only sections of such
Act that shall apply with respect to the Board.
``(2)(A) No member of employee of the Board, in the course
of the official duties of such member or employee, may engage
in activities designed to directly or indirectly influence
legislation which is or may be considered by the Congress,
except in instances where a representative of the Board has
been invited to provide testimony before a committee of the
Congress.
``(B) Any member or employee of the Board who knowingly
engages in the conduct prohibited by subparagraph (A) may be
subject to either confinement for a period not to exceed 6
months or a fine not to exceed $10,000, or both.
Page 898, line 7, strike ``There'' and insert ``(1)
There''.
Page 898, line 8, strike ``title'' and insert ``title
(except section 412)''.
Page 898, after line 10, insert the following:
``(2) There are authorized to be appropriated to carry out
section 412 $2,000,000 for each of the fiscal years 1995 and
1996.
AMENDMENT TO H.R. 6, AS REPORTED, OFFERED BY MR. SKAGGS OF COLORADO
Page 430, line 12, after ``mediation'' insert ``, student
pledges to renounce the use of violence, student nonviolence
awareness days, student outreach efforts against violence,
anti-crime youth councils (which work with school and
community-based organizations to discuss and develop crime
prevention strategies)''.
Page 431, at the end of line 17, add the following
sentence: ``Local educational agencies may use funds obtained
under this part to pay the costs of programs and activities
complying with the requirements of this section that are
carried out by student organizations.''.
On page 767, Line 25, strike ``(1).'' and insert
``(1);
but shall not include the direct provision of any health or
health-related services.''
Substitute Amendment Offered, by Ms. Velazquez of New York to the
amendment offered by ms. Velazquez to H.R. 6
Page 438, after line 21, insert the following:
``SEC. 4203. HATE CRIME PREVENTION.
``(a) Grant Authorization.--The Secretary of Education may
make grants to local educational agencies and community-based
organizations for the purpose of providing assistance to
localities most directly affected by hate crimes.
``(b) Use of Funds.--
``(1) Program development.--Grants under this section may
be used to improve elementary and secondary educational
efforts, including--
``(A) development of education and training programs
designed to prevent and to reduce the incidence of crimes and
conflicts motivated by hate;
``(B) development of curricula for the purpose of improving
conflict or dispute resolution skills of students, teachers,
and administrators;
``(C) development and acquisition of equipment and
instructional materials to meet the needs of, or otherwise be
part of, hate crime or conflict programs; and
``(D) professional training and development for teachers
and administrators on the causes, effects and resolutions of
hate crimes or hate-based conflicts.
``(2) In general.--In order to be eligible to receive a
grant under this section for any fiscal year, a local
educational agency or a local educational agency in
conjunction with a community-based organization shall submit
an application to the Secretary in such form and containing
such information as the office may reasonably require.
``(3) Requirements.--Each application under subsection (a)
shall include--
``(A) a request for funds for the purposes described in
this section;
``(B) a description of the schools and communities to be
served by the grants; and
``(C) assurances that Federal funds received under this
section shall be used to supplement, not supplant, non-
Federal funds.
``(4) Comprehensive Plan.--Each application shall include a
comprehensive plan that contains--
``(A) a description of the hate crime or conflict problems
within the schools or the community targeted for assistance;
``(B) a description of the program to be developed or
augmented by these Federal and matching funds;
``(C) assurances that such program or activity shall be
administered by or under the supervision of the applicant;
``(D) proper and efficient administration of such program;
and
``(E) fiscal control and fund accounting procedures as may
be necessary to ensure prudent use, proper disbursement, and
accurate accounting of funds received under this section.
``(c) Allocation of Funds.--From the funds authorized under
this part, the Secretary of Education may carry out programs
under this section.
``(d) Award of Grants.--
``(1) Selection of recipients.--The Secretary shall
consider the incidence of crimes and conflicts motivated by
bias in the targeted schools and communities in awarding
grants under this section.
``(2) Geographic distribution.--The Secretary shall
attempt, to the extent practicable, to achieve an equitable
geographic distribution of grant awards.
``(3) Dissemination of information.--The Secretary shall
attempt, to the extent practicable, to make available
information regarding successful hate crime prevention
programs, including programs established or expanded with
grants under this section.
``(e) Reports.--The Secretary shall submit to the Congress
a report every 2 years which shall contain a detailed
statement regarding grants and awards, activities of grant
recipients and an evaluation of programs established under
this section.
``(f) Definitions.--For the purposes of this section--
``(1) the term `hate crime' means a crime as defined by the
Hate Crime Statistics Act of 1990;
``(2) the term `local educational agency' means a public
board of education or other public authority legally
constituted within a State for either administrative control
or direction of, or to perform a service function for, public
elementary and secondary schools in a city, county, township,
school district, or other political subdivision of a State,
or such combination of school districts or counties as are
recognized in a State as an administrative agency for its
public elementary and secondary schools and includes any
other public institution or agency having administrative
control and direction of a public elementary or secondary
school;
``(3) the term `community-based organization' means a
private nonprofit organization which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in
the community.
On page 330, line 9, insert a new paragraph ``2'' and
redesignate the following paragraphs accordingly.
``(b)(2) funds may also be used to establish a National
Center for Second Language Development.
``(b) Composition.--The Center may include representation
from--
``(1) a principle federal language training institution
that has expertise in translation and interpretation with
responsibility for foreign language instruction of military,
foreign service officers and other federal personnel; and
``(2) other public, government and private entities with
expertise in the education and training of second language
curricula, as determined necessary by the Secretary.
``(c) Mission.--The Center may--
``(1) assess the economic and social benefits of second
language capabilities for the population of the United
States;
``(2) make recommendations to the Secretary of the most
appropriate means of increasing widespread second language
capabilities in the United States; and
``(3) effectuate a greater second language capability
within the United States through activities that include:
developing and implementing model programs for children,
college students and adults; conducting research on effective
ways to teach second languages; developing teacher training
programs; and, developing teaching materials.
AMENDMENT TO H.R. 6 OFFERED BY MR. SMITH OF MICHIGAN
Page 763, line 3, insert new section:
Section 9602--
``It is the sense of Congress that States, local
educational agencies, and schools should encourage and
support parents and families in teaching children certain
ethical principles. Such principles may include
trustworthiness, respect, responsibility, fairness, caring
and citizenship.''
Mr. KILDEE. Mr. Chairman, I ask unanimous consent that the
modification to amendments be considered as read and printed in the
Record.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
The CHAIRMAN pro tempore. Is there objection to the original request
of the gentleman from Michigan?
There was no objection.
The CHAIRMAN. Without objection, the modifications are agreed to.
There was no objection.
Mr. KILDEE. Mr. Chairman, I offer these amendments on behalf of
myself and the gentleman from Pennsylvania [Mr. Goodling].
Mr. Chairman, this contains a number of amendments to H.R. 6 proposed
by Members on both sides of the aisle which the gentleman from
Pennsylvania [Mr. Goodling] and I have examined and agreed to. They
include amendments proposed by the gentleman from Maryland [Mr. Hoyer],
the gentleman from New York [Mr. Owens], the gentleman from
Pennsylvania [Mr. Goodling], the gentleman from Ohio [Mr. Traficant],
the gentlewoman from Indiana [Ms. Long], the gentlewoman from Ohio [Ms.
Kaptur], myself, and others.
Mr. Chairman, I urge the adoption of the amendments en bloc, as
modified.
Mr. WILLIAMS. Mr. Chairman, I rise in support of the en bloc
amendment offered by Mr. Kildee, and to express my appreciation to him
for including in that amendment a provision offered by Mr. Goodling and
myself dealing with Indian schools.
The provision that my colleague Mr. Goodling and I drafted has one
basic aim--to make the schools for Indian children funded by the Bureau
of Indian Affairs eligible to apply for competitive grants under this
act in the same way that local educational agencies apply. The
provision would apply to all types of schools funded by the BIA,
whether they be operated directly by the BIA or by the tribes
themselves under grants or contracts from the BIA.
I believe it is essential that we assure that all schools in the BIA
system are equally eligible to apply for competitive grant programs
under this act. For too long, the BIA system schools have fallen
through the tracks of many Federal grant programs because they are not
considered to be local educational agencies, the basic eligibility
requirement for nearly all Federal education program funding. The
provision added to the en bloc amendment today is a step toward
correcting this oversight. It is my intention that all schools in the
BIA system have the opportunity to apply for competitive grants just
like their counterparts in the public school systems can do.
Our provision allows consortia of schools in the BIA system to submit
applications for competitive grants. It allows these schools to combine
with other tribal organizations--such as a tribal department of
education--or community organizations or even colleges and universities
to comprise the consortium that could apply for these competitive
grants.
The provision requires that applications from consortia that include
BIA-operated or tribally operated schools be submitted to the Bureau of
Indian Affairs, which will then submit the application to the
Department of Education. I want to make it clear that the BIA's role in
this is purely a minesterial one; the BIA submits the application once
it receives it. It does not approve or disapprove an application, or
select between applications filed by various consortia or Indian
schools. The BIA is simply a conduit to facilitate the submission of
all applications to the Education Department in a timely fashion.
Mr. Chairman, this provision that Mr. Goodling and I worked on is an
affirmative step toward assuring that Federal programs we design to
help improve educational programs and delivery systems will also reach
the children in the small, yet significant, school system the Federal
Government runs for Indian children. I thank my colleague Mr. Goodling
for working on this provision with me, and I thank Chairman Kildee for
including this provision in his en bloc amendment.
Mr. GOODLING. Mr. Chairman, I rise in support of the amendments en
bloc, as modified.
(Mr. GOODLING asked and was given permission to revise and extend his
remarks.)
Mr. GOODLING. Mr. Chairman, I would indicate my pleasure in working
this out with the majority, and also indicate that the waiver provision
in this amendment is very, very important. I want to take this time,
rather than to talk about the en bloc amendments, to merely say what I
had said at the beginning when we started this last week.
I would ask the Members to keep in mind that after this got through
the committee, the subcommittee, and the full committee, we had added 9
new programs, and we had put back in about 9 or 10 more old programs
that were taken out, and we had a total of 23 new reporting
requirements. I am saying this just so both sides of the aisle, before
we start this amendment process, understand how far we have gone and
how confused we have made this issue.
Mr. Chairman, I would hope that they would resist the temptation to
get up and add a lot more, because every time we add an authorization,
somebody is going to get very upset about the legislation.
Mr. Chairman, I also want to say to both sides of the aisle, but
particularly to my side, I cannot stand up here and rail against the
majority every time they are micromanaging and every time they are
doing unfunded mandates, and then turn around and say when my side gets
up and says, ``We should do these unfunded mandates, and we should
micromanage State and local government,'' that it is all right. It is
wrong on both sides.
I would hope my side of the aisle would be very reluctant to get up
and try to micromanage. My side of the aisle is supposed to be
operating on the theory that State and local governments have the
responsibilities that some people are trying to take from them, so I do
not want to get up and have to say that my side is right when they
micromanage, or my side is right when they offer unfunded mandates.
They are wrong, just as the other side is wrong. I just want to make
that clear before we get started on these amendments.
Mr. Chairman, I rise in support of the en bloc amendment offered by
Mr. Kildee.
In particular, I am pleased that this en bloc amendment includes a
bipartisan compromise to the waiver provisions contained in H.R. 6.
This amendment adds additional accountability provisions to ensure that
funds are not misused as a result of the waiver provisions. In
addition, it allows schools, local educational agencies, and States to
request waivers for all programs authorized under this act; in my view,
this is the singlemost important part of this compromise.
This amendment is based upon provisions of H.R. 1452, a bill which I
authored to provide schools with additional flexibility. As we focus
the elementary and secondary education programs on assisting schools to
undertake the broad reforms necessary to meet the National Education
Goals, they will need the flexibility offered through this amendment to
develop innovative programs to increase learning and raise the
achievement of all students.
For many years, I have been telling my colleagues that we need to
trust local educators to do what is best for students. This amendment
is an indication that we have confidence in teachers, administrators,
and others to do what is necessary to raise student achievement based
on their knowledge of the needs of their students.
The second provision I would like to address is an amendment to
exempt States which do not currently collect data on the educational
programs and services available to all children from collecting such
data on a State's language minority and limited English-proficient
students.
Mr. Chairman, a growing number of schools are faced with meeting the
educational needs of limited English-speaking students. Those schools
which do not receive funds under the title VII competitive grant
program will more than likely turn to their State to assist them in
their effort.
We need to ensure that States are in a position to assist local
schools. Without this amendment, some States will not be able to
receive their State dollars under this title, which will adversely
impact their ability to serve this population of students.
I appreciate the willingness of my colleagues to accept this
amendment and am hopeful it will result in better services to schools
serving limited English-proficient students.
I would also like to express my support for a provision in the en
bloc which allows BIA-operated schools and contract schools to compete
for competitive grant programs.
Mr. Chairman, I urge my colleagues to accept these en bloc
amendments. These amendments are noncontroversial and deserve our
support.
Mr. GILMAN. Will the gentleman yield?
Mr. GOODLING. I am happy to yield to the gentleman from New York.
Mr. GILMAN. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I rise today to thank the distinguished subcommittee
chairman and the gentleman from Michigan, Mr. Kildee, and the ranking
Republican, the gentleman from Pennsylvania, Mr. Goodling, for
including my mentoring amendment in his en bloc amendment to H.R. 6,
Improving America's Schools Act of 1994. Additionally, I would like to
commend the committee for all of their diligent work in helping to
improve our Nation's schools.
My amendment allows the use of mentors who are high school or college
students trained to provide tutoring to elementary and secondary
students formerly enrolled in Head Start or Even Start programs.
A number of studies indicate that the benefits accruing to Head Start
children tend to dissipate if there is no continued reinforcement in
their early elementary school years.
My amendment would go along with the committee's intentions to
establish projects to assist Head Start, Even Start, or similar
preschool children in making a successful transition from preschool
through the early elementary grades. A mentoring program would be a
good way to help the Head Start and Even Start children achieve
challenging academic standards, as well as helping them develop
socially.
We all know that parents are the central source of emotional,
financial, and social support for their children. Unfortunately, many
children have no such resources, especially those living in inner
cities. These children live in families that are under tremendous
pressure because of poverty, divorce, teen pregnancy, drug abuse,
violence, or stress. As a result, the children in greatest need of help
from outside the family are often the least likely to get it.
Neighborhood schools have tried to help such children, but many are
already overburdened. In many cases, mentor programs are the best means
for bringing into the life of a child a person who can represent the
concern and support of the community. The one-on-one relationship with
a mentor can help a child with many problems that affect life at home
and at school, such as: alienation, loneliness, low self-esteem, poor
work habits, and lack of basic skills.
The complexity of today's society demands that the responsibility for
the well-being of our children extend beyond the home and school. Our
children are a national responsibility. Congress has established
programs to help every child have a healthy start. But we must not
forget these children once they enter the schools.
Mr. Chairman, my amendment will allow schools to apply for a grant
that can be used to establish a mentor program to help the Head Start
and Even Start children make that hard transition to elementary school.
This amendment does not require additional authorization of funds over
and above the committee's recommendations.
Moreover, by establishing a mentoring program for our Head Start and
Even Start children, we will be offering to a child friendship,
guidance, and a positive perspective on life. Hopefully, as this
program develops over a period of time, former Head Start and Even
Start children will become the next generation of mentors.
Accordingly, I urge my colleagues to support my amendment.
{time} 1510
Mr. HOYER. Mr. Chairman, I move to strike the last word.
First, Mr. Chairman, I want to thank the committee for accepting my
amendment on corrective action and including it in the chairman's en
bloc amendment. I want particularly to thank Chairmen Ford and Kildee
and the committee's ranking member, Bill Goodling for all their help on
this.
My amendment to title 1 is simple and straightforward, enhancing
accountability for performance. It adds ``actions to withhold or
transfer funds and authority from schools that are failing to make
adequate progress'' to the possible corrective steps a State could take
in the very worst cases. By making it explicit that States have this
option, my amendment establishes a bottom line for the $7 billion we
will spend on title 1: funds should be contingent on adequate progress
toward high standards. I do not think any taxpayer in this country
would expect us to support anything less.
I would like briefly to explain the accountability framework for
title 1 set up in H.R. 6, so my colleagues can understand the context
into which this amendment fits. Some have tried to portray the
corrective action portion of title 1 as this draconian, punitive system
that limits local control. Nothing could be further from the truth.
States, with input from local education agencies and schools, develop
a definition of what constitutes adequate yearly progress toward
enabling title 1 children to meet clearly defined objectives.
Corrective action is only triggered when schools fail to make adequate
progress for two consecutive years. These schools are then targeted for
improvement. They would have to go back to their title 1 school work
plan and specify how they're going to do better for the students they
serve. School districts would be required to work with these poor
performing schools to get them up to par over at least a 3-year period.
This help must include providing technical assistance, which can be
performed by the district itself or by a variety of organizations with
experience in helping schools improve achievement.
If the school district requests it, the State can help in this
effort. But if the State determines that a local education agency is
not doing its job to help a failing school, my amendment makes it clear
that one of the approaches it can take--consistent with State law--is
to withhold title 1 funds from the folks who have not done the job for
the students in a school and redirect them to an entity that will. For
example, a State could contract with a higher education institution to
provide title 1 services in a school that is failing to make adequate
progress. This approach could provide instruction to the children who
need it desperately, while making it clear that the taxpayers demand
performance for their investment.
Mr. Chairman, last year during an appropriations subcommittee hearing
on the Education Department budget, we heard the shocking fact that
despite a broad consensus that the chapter 1 program is not producing
results for disadvantaged students not a single dollar has ever been
denied a grantee for poor performance. We have spent over $80 billion
on compensatory education for the disadvantaged since the late 1960's
and not once has the Secretary used his authority--which, by the way,
H.R. 6 does not affect--to deny funds for poor achievement. Grantees
only get in trouble when audits turn up money going where it was not
supposed to.
But with H.R. 6, we enter a new era. This legislation increases
State, local, and school flexibility, but in return demands real
accountability for school improvement. My amendment reinforces this new
framework by spelling out Congress' intention that the taxpayers will
only invest in programs that work. We are willing to be realistic about
how much time it takes to turn our education system around; given that
the future of our children is at stake, maybe we are more patient than
we should be. But if 3 years of corrective action have not yielded
adequate progress, permitting States to take ``actions to withhold or
transfer funds and authority'' from failing schools is a moderate
measure, to say the least, and thank the committee again for its
support.
Mr. SANDERS. Mr. Chairman, I want to thank the chairman for helping
to reach an agreement on this en bloc amendment. I also want to thank
the chairman for his commitment to quality education programs in all
our States.
Mr. Chairman, I stand in strong support for this small State
amendment to H.R. 6 and thank the chairman and his staff for working
with us to reach a successful compromise.
Mr. Chairman, as you know, the State of Vermont is subject to a $2
million cut in funds this year for its Chapter 1 Program because of
existing law, and there is nothing we can do today to fix this. That's
a 15-percent cut in our funds, and is a terrible blow to education in
our State. This catastrophic cutback in Vermont's funding will threaten
the stability of our program and certainly make it very difficult for
Vermont to carry out the intent of this legislation. Confronting this
painful cut, I have joined with Mr. Castle and Mr. Swett and worked
closely with your staff to offer a modest amendment, which will restore
the $2 million in funds in the following school year and prevent an
additional cut of $800,000. Our amendment will help Vermont and other
small States who have lost funding this year by restoring those funds,
preventing further cuts and making it possible for small States to
continue to operate their Title I Programs in the future.
Mr. Castle, Mr. Swett, and I have worked together to achieve equity
in funding for the smallest States in this county. While most States in
this country receive far more than one-quarter of 1 percent under title
I of this bill, five States will not receive that amount.
Delaware, Vermont, New Hampshire, Alaska and Wyoming will not receive
one-quarter of 1 percent of this bill. One-quarter of 1 percent is a
minimum standard for small States, and it makes no sense to me that we
cannot have that same standard in H.R. 6. The Job Training Partnership
Act has a small State minimum of one-quarter of 1 percent, the Older
Americans Act has one-half of 1 percent for small States, and recently
the Community Service Block Grant was amended to increase the small
State minimum from one-quarter of 1 percent to one-half of 1 percent.
Mr. Chairman, the smallest States thank you for helping us to hold
our States harmless with the changes in the formula in this bill and
allow us to maintain a small State minimum. This minimum will enable us
to carry out the intent of this bill, especially with regard to the
Compensatory Education Programs [title I] for low-achieving youth. The
amendment included in the en bloc amendments will not have a noticeable
effect on any other States, approximately .11 percent of Chapter 1
funds, or $5.8 million out of $7 billion dollar program. This is not a
greedy amendment, our amendment will not lift these small States to the
one-quarter of 1 percent threshold. This modest amendment is trying to
ensure the survival of small State programs. Our amendment will give
these small States the security and support to continue their
operation.
Thank you again for your support for the small States and for working
with us on a compromise to helping States to operate the Chapter 1
Programs in their States.
Ms. VELAZQUEZ. Mr. Chairman, hate crimes have become an all too
common occurrence in our communities. From antisemitic attacks to race
inspired murders, these crimes threaten not only our safety, but also
the richness of our diversity and who we are as a people. More
importantly, we know that hate crimes, which stem from bigotry and
ignorance, can be stopped through proper education and awareness. The
Velazquez amendment establishes a hate crimes prevention program that
would be incorporated into title IV, The Safe and Drug-Free Schools and
Communities Act of H.R. 6. This amendment would emphasize tolerance and
acceptance through education, and would deter our children from falling
into the dark pit of elitist thought and bigotry.
In 1991, there were 4,755 hate-related crimes reported under the Hate
Crimes Statistics Act. Racial bias was the motivation behind 60 percent
of these crimes, followed by religious bias crimes at 20 percent, and
ethnic and sexually oriented crimes at 10 percent. This data was based
on information submitted by only 32 States, and falls far short from
predictions by several racial, ethnic and religious organizations, who
claim that the numbers of hate crimes exceed the tens of thousands
annually.
These figures are staggering when you consider that most of these
crimes were committed because of the color of someone's skin, or
because of someone's religion or nationality. In light of this sad, but
true fact, I have introduced an amendment that would create a
discretionary grant program for the education and prevention of hate-
based crimes.
Administered by the Department of Education, the program would award
grants to local educational agencies and community based organizations,
for activities that would prevent and reduce hate crimes and conflicts
prompted by hatred. Most importantly, my amendment uses no new funds.
The revenue needed to fund this program would be administered under the
discretion of the Secretary of Education, through title IV of H.R. 6.
There are already several public and private ventures at the State and
local level that would benefit greatly from this amendment.
We must take steps to ensure that America's future will not be
plagued by ignorance and hatred. Under the shadow of the latest events
that have shocked and enraged our society. Yesterday's shootings of
four Hasidic Jewish students on the Brooklyn Bridge, the Rodney King
beating that led to the Los Angeles riots, and the senseless beating of
a 13-year-old Latino youth who was then spray-painted white by three
caucasian youths in New York City. We can not afford to let our
children grow up amidst this unjustifiable prejudice and intolerance.
It already consumes too much of their lives.
We must stop the vicious and senseless trend of hate-based crimes
from becoming an acceptable practice in the minds of our children. We
must offer them the education needed to promote acceptance and
tolerance.
I ask all of you to send the future of America a message of hope and
understanding. In the unforgettable words of Maya Angelou, ``We are
more alike, my friends, than we are unlike.'' Support the Velazquez
amendment.
Mr. SKAGGS. Mr. Chairman, I am pleased to offer an amendment to H.R.
6, the Improving America's Schools Act, that I believe will send a
strong message about the importance of encouraging our young people to
refrain from using violence to settle their problems. I'd like to thank
Chairman Kildee and Representative Goodling for including it in this en
bloc amendment. My amendment will merely clarify what I believe is
already the bill's intent, but I think that it is important to make
this point clear.
My amendment is to title IV, concerning Safe and Drug-Free Schools
and Communities, of the Elementary and Secondary Education Act and has
two parts. The first part provides authority for additional kinds of
programs that safe and drug-free schools grants can be used for; the
second part clarifies that grants provided under the act can be used to
fund the costs of violence and drug prevention programs carried out by
student organizations.
I was moved to offer this amendment by an important initiative taken
by students at Ranum High School in Denver, CO, which is in the
district I represent. These students, on their own, began an anti-
violence program that included a nonviolence pledge taken by the vast
majority of the students and outreach activities designed to let
younger students know how important it is to settle disputes
peacefully. Ranum's principal, Dick Werpy, told me how impressed he was
when the students came to him. They didn't ask him to do the work to
set up a nonviolence program, but told him their own ideas for a
program to curb violence. They wanted to do it, and they have. The
sense of empowerment and responsibility this has brought to the Ranum
campus has proven to be a positive force for change.
I want to help the kind of program begun by these students spread to
other schools, and grow in scope. If that is to happen, local education
agencies must have the option of funding these activities where
appropriate. My amendment simply clarifies that H.R. 6 permits such
funding.
The students at Ranum have dedicated a good deal of their time to
this project, including attending a crime town meeting that I held in
January. I believe that the dedication they have shown is admirable,
and that their efforts are the kind that we should encourage. The
amendment that I offer would do just that.
Violent incidents in our schools and among our youth are growing,
both in numbers and seriousness. We need to do what we can to bring
down the level of violence before it brings down too many more young
lives. It's obvious that edicts from Congress or State legislatures are
of limited impact. What's essential is to encourage the young people
themselves involved in stopping the violence that affects them so much.
Most of these young people care deeply about themselves, their fellow
students, and their communities. They've had enough of the violence and
want to do something about it. We need to support their efforts to
create a framework for meaningful action on their own in every way
possible.
I urge all of my colleagues to support the youth in our communities
who want to make a difference, who want to make our streets safer. This
amendment will help demonstrate that support.
Mr. CASTLE. Mr. Chairman, I rise in support of the chairman's second
en bloc amendment. I would like to thank Chairman Ford, Chairman
Kildee, and the ranking member of the Education and Labor Committee, my
friend Bill Goodling, for their assistance on two amendments that I had
planned to offer. The first amendment, developed with Mr. Sanders of
Vermont, and Mr. Swett of New Hampshire, sought to protect small States
from a dramatic loss in title I funds under the new formula. The second
amendment, sponsored by Congressman Roemer and myself intended to
preserve the National Assessment Governing Board [NAGB]. I am pleased
that our differences have been resolved to the point that we are able
to include these provisions as part of the chairman's second en bloc
amendment.
As we all know, especially my fellow members of the Committee on
Education and Labor, there has been a great deal of debate over the
Chapter 1 funding formula. This issue is of the utmost importance to
all Members--and it should be. Chapter 1 is an effective program. It
provides the resources to our schools to implement substantive, quality
programs for our poor and disadvantaged children. Ask any parent,
teacher, or administrator associated with this program and you will
hear how important it truly is.
Under the Chapter 1 funding formula, the smallest small States are
subject to a minimum cap. For this year, the small States that are
subject to this cap are Vermont, North Dakota, Alaska, Wyoming, New
Hampshire, and Delaware. The Castle-Sanders-Swett amendment I had
originally planned to offer simply would have lifted a provision which
keeps small States from receiving more than 150 percent of the national
average grant per pupil, and would allow them to receive one-quarter of
1 percent of appropriated title I funds.
This small State minimum is a cap that I understand was designed to
help small States. Unfortunately, in the case of our States, it does
not help but hurt. For example, in 1 year's time, Delaware lost 18
percent of its Chapter 1 funding. According to our State education
agency, had I not offered an amendment and had an agreement not been
reached, Delaware would have lost an additional 9 percent, totaling a
26-percent loss over the last 2 years. A loss of this magnitude would
be devastating for our educationally and economically disadvantaged
students and our entire Chapter 1 Program.
If a similar trend were to continue, we would repeatedly suffer such
drastic losses. Such a loss, like $1.8 million for Delaware in fiscal
year 1994, may not seem like a large amount to other States. But to
small States like Delaware, that only receive a total of $12.8 million
in Chapter 1 funding, each and every dollar is crucial.
Mr. Sanders, Mr. Swett, and I realize that this issue is a sensitive
one and, consequently, were willing to reach middle ground with other
Members of the U.S. House of Representatives. The compromise that
ensued would hold the small States ``harmless'' at their fiscal year
1993 level--or current level, whichever is greater--for 2 years.
Putting this amendment into perspective, the $12.8 million that
Delaware receives in total Chapter One funds is twice the number of
what this amendment would reallocate to the six small States to help
them continue their State Chapter One Programs. Specifically, the
compromise would reallocate .11 percent--approximately $5.8 million of
a $7 billion program--to these six small States.
Rarely in this body does anyone ask for a minuscule reallocation that
will greatly benefit some without taking away greatly from others. The
compromise amendment does exactly that. Again, Mr. Speaker, I am
pleased that the chairmen have agreed to our modest adjustment request.
This fix will give small States the resources they need to effectively
run the program and get the funds to the kids who need them. If we
continually lose as much as 18 percent each year, imagine the
devastating effect this could have on our poor and disadvantaged
children.
It is important to remember that this change in the funding formula
is not solely for the six currently defined small States. Small State
qualifiers are determined by several criteria, most notably the number
of poor and disadvantaged children. You may not qualify as a small
State this year, but under H.R. 6, census updates will occur every 2
years as opposed to 10; therefore, your State could be categorized as a
small State next year or the following year by definition under this
formula. Furthermore, because this piece of legislation authorizes the
Chapter 1 Program for the next 6 years, more than six States could have
experienced a similar hardship in the near future had this amendment
not been agreed to.
I would like to make one last point. We understand that the object of
this program is to give funds for the education of our poor and
disadvantaged children. We understand that we may have fewer
disadvantaged and poor kids in our States, but due to the sheer fact
alone that we have fewer residents. Poor and disadvantaged children are
exactly that, no matter where they live and what level of attention
they need in order to achieve.
I again thank the chairmen and Mr. Goodling for their attention to
this important small State matter, and I look forward to ensuring that
our small States maintain the necessary resources to continue
beneficial Chapter 1 Programs when this bill goes to conference.
I am also pleased that Chairman Kildee and Chairman Ford have agreed
to a compromise with Congressman Tim Roemer and me to preserve the
National Assessment Governing Board. This agreement is supported by the
Department of Education.
The National Assessment Governing Board was established in 1988 to
set policy for the National Assessment of Education Progress, also
known as the Nation's Report Card. NAGB is a bipartisan, independent
board made up of Governors, State legislators, State and local
education officials, teachers, and parents. The board plays a vital
role in providing a voice for State and local input in the development
of the levels and standards intended to measure our children's
educational success.
As reported by the committee, H.R. 6 would have eliminated NAGB and
shifted its responsibilities to the Commissioner of Education
Statistics.
I know some of the chairman's concerns regarding NAGB centered around
questions of its responsiveness to technical advice and evaluations of
NAGB's decisions on the national achievement levels, as well as concern
that these achievement levels, as well as concern that these
achievement levels have been too controversial.
The Department of Education, Congressman Roemer, and I took the
position that NAGB plays a vital role in setting achievement standards
for America's students. We feel that any concerns about the Board's
actions could be addressed without eliminating NAGB, which is strongly
supported by the Nation's Governors and State and local education
officials.
The compromise we have reached is a true compromise in that neither
side is entirely happy with it. From our point of view it is positive
because it retains NAGB and continues its role in developing the
appropriate national student performance levels. From the committee's
point of view it requires NAGB to work more closely with the Assistant
Secretary of Education and the Commissioner of Education Statistics.
I am pleased that the chairman agreed to provide an authorization of
$2 million for NAGB. While this is a reduction in its current level of
funding, it is a significant improvement over the committee's original
position.
There are a number of other issues that we were unable to reach
agreement on, including the length of the reauthorization for NAGB. The
administration had requested a 5-year authorization and the committee
would only agree to a 2-year authorization. Congressman Roemer and I
support the full 5-year authorization to allow NAGB to continue its
work. I would hope that the chairman will remain open to discussion on
this question when H.R. 6 goes to conference with the Senate.
It is my goal to ensure that NAGB is able to continue its productive
role in setting policy on the national education assessment with the
strong input of State and local education officials.
I want to thank my colleague Tim Roemer for his efforts on this
issue, as well as Chairman Ford and Chairman Kildee for their
willingness to negotiate a compromise on many of our differences. I
would also like to thank the committee staff, particularly Jeff
McFarland, Jack Jennings, and Susan Wilhelm for their assistance in
putting the language together. Congressman Goodling and his staff were
also extremely helpful during this process.
Ms. DeLAURO. Mr. Chairman, I rise today in strong support of an
amendment offered by my good friend and colleague, David Skaggs, which
was accepted today as part of the en bloc amendments to H.R. 6, the
Improving America's School Act. I want to thank my friend from Colorado
for allowing me to add an important provision to his amendment and
thank Mr. Kildee and Mr. Goodling for accepting our modification.
The Skaggs amendment gives students additional tools to increase
their participation in the fight against drugs and crime. The amendment
will allow student organizations to apply through local educational
agencies for grants to fund antidrug and violence prevention efforts.
Some of the innovative programs that will benefit from this amendment
include: student nonviolence awareness days, student outreach programs,
and, now, through the addition Mr. Skaggs has generously allowed me,
anticrime youth councils.
After talking to students in my district who felt left out of the
debate on drugs and crime, I helped them form an anticrime youth
council. The council has provided junior and high school students a
unique forum for discussing their perceptions of crime and violence
with community leaders. The council representatives are now generating
their own creative solutions to address these issues, and the Skaggs
amendment will assist them in translating their ideas into action.
I commend Mr. Skaggs for his leadership on this issue and look
forward to working with him, and the other Members of the House, on
additional youth crime prevention measures as we proceed to
consideration of the crime bill.
Mr. RICHARDSON. Mr. Chairman, I rise in support of my amendment which
clarifies that States which have established equalized funding formulas
are not restricted from using their formulas to allocate the State's
impact aid funding.
My State of New Mexico has pioneered the Nation's oldest and most
equal method of dispersing the State's educational dollars. Title 8 of
H.R. 6 already establishes that States may use equalized funding
formulas to allot impact aid when those formulas take into
consideration that students in rural areas or students who have
disabilities have special funding needs. My amendment simply specifies
that State equalization formulas based on a ``weighted student,'' a
``classroom,'' or ``instructional unit'' are methods of taking into
consideration students with special needs.
This amendment is identical to the issued impact aid regulations in
effect since 1980. This amendment would simply add the technical
clarifications to the bill that are already in regulations.
Lastly, I would like to thank the honorable chairman of the
subcommittee, Mr. Kildee, for allowing this technical clarification as
an en bloc amendment to H.R. 6.
Mr. ROEMER. Mr. Chairman, I would like to thank Chairman Kildee for
his willingness to work on reauthorizing the National Assessment
Governing Board [NAGB]. I truly appreciate his cooperation in working
with me and Representative Castle in an effort to reach a compromise on
this issue.
My main goal during the reauthorization of NAGB was to ensure that we
would maintain State and local input on the National Assessment of
Education Progress [NAEP]. The Board, which is comprised of State and
local legislators, teachers, public and business representatives, as
well as individuals with expertise in testing, is important if we, as
Federal legislators, expect States and local education agencies to buy
into the national assessment.
The NAGB sets policy for the national assessment, which for over 20
years has provided policymakers with one of the only continuing
national measures of student achievement. Since 1990, the national
assessment has provided the only State-by-State data on academic
achievement and this information has been used to track progress toward
reaching the national education goals.
The 24 members of NAGB engage in extensive consultation in order to
achieve its mandate of deciding on content and performance standards of
the National Assessment of Education Progress test.
I believe that it is important to maintain NAGB. While I support the
provisions of the compromise amendment to include NAGB in this
reauthorization, I continue to object to the 2-year authorization
period. While I understand that the duties of NAGB may be shifted to
the NESIC panel contained in the Goals 2000 legislation, I believe that
we should allow some overlap time between these two panels until we
determine what duties NESIC, which is contained in legislation not yet
enacted, will actually undertake.
Again, I thank Chairman Kildee for his assistance in resolving this
matter which is important to me and to Indiana's Governor. I commend
the chairman for all the hard work that he has expended in guiding this
complex and extremely important legislation through the House.
The CHAIRMAN pro tempore (Mr. Darden). The question is on the
amendments en bloc, as modified, offered by the gentleman from Michigan
[Mr. Kildee].
The amendments en bloc, as modified, were agreed to.
amendment offered by Mr. gunderson
Mr. GUNDERSON. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Gunderson:
--Page 82, strike lines 1 through 4.
--Page 127, after line 21 insert:
``Subpart 3--Presidential Awards Program
``SEC. 1131. PRESIDENTIAL AWARDS PROGRAM.
``(a) Development.--The Secretary shall, in consultation
with the chairpersons and ranking minority members of the
Committee on Education and Labor for the House of
Representatives and the Committee on Labor and Human
Resources of the Senate and educational leaders, develop a
Presidential awards program that will recognize and provide a
cash award to schools that excel in educating their students
to high levels as defined by the National Education Goals and
the standards certified by the National Education Standards
and Improvement Council established under the Goals 2000:
Educate America Act.
``(b) Nominations.--Schools recognized under this program
will be selected by the Secretary from a list of nominees.
Each State shall select a nominee to be submitted to the
Secretary from among schools designated as distinguished
schools under section 1119.
``(c) Selection.--The Secretary shall annually convene a
panel of experts who will review nominated schools and select
those who will receive awards. In addition to Presidential
recognition, selected schools will receive a cash award which
may be applied without restriction to enhance the educational
programs in those schools or to provide cash awards to
personnel in the school.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this subpart such
sums as may be necessary for each of fiscal years 1995, 1996,
1997, 1998, and 1999.
--Page 311, on line 20, strike Part E--Education Program
Strategies and insert the following:
Part E--21st Century Community Learning Centers
SEC. 2401. FINDINGS.
The Congress finds that--
(1) a local public school often serves as a center for the
delivery of education and human resources for all members of
a community;
(2) public schools, primarily in rural and inner city
communities, should collaborate with other public and non
profit agencies and organizations, local businesses,
educational entities (such as vocational and adult education
programs, school to work programs, community colleges, and
universities), recreational, cultural, and other community
and human service entities for the purpose of meeting the
needs and expanding the opportunities available to the
residents of the communities served by such schools;
(3) by using school facilities, equipment, and resources,
communities can promote a more efficient use of public
education facilities, especially in rural and inner city
areas where limited financial resources have enhanced the
necessity for local public schools to become social service
centers;
SEC. 2402. PROGRAM AUTHORIZATION AND DISTRIBUTION.
(a) Grants by the Secretary.--The Secretary is authorized
in accordance with the provisions of this subsection to make
grants to rural and inner city schools or consortia thereof
to plan, implement, or to expand projects that benefit the
educational, health, social service, cultural, and
recreational needs of a rural or inner city community.
(1) No school or consortia thereof shall receive a grant
award of less than $50,000 in each fiscal year; and
(2) such grant projects do not exceed a 3-year period.
(b) Application.--To be eligible to receive funds under
this section, a school or consortia thereof shall submit an
application to the Secretary of Education at such time and in
such manner as the Secretary may reasonably prescribe, that
shall include--
(1) a comprehensive local plan that enables such school to
serve as a center for the delivery of education and human
resources for members of a community; and
(2) an initial evaluation of needs, available resources,
and goals and objectives for the proposed community education
program to determine programs that will be developed to
address these needs:
(A) A mechanism to disseminate information in a manner that
is understandable and accessible to the community.
(B) Identification of Federal, State, and local programs to
be merged of coordinated so that public resources may be
maximized.
(C) A description of the collaborative efforts of
community-based organizations, related public agencies,
businesses, or other appropriate organizations.
(D) A description of how the school will assist as a
delivery center for existing and new services, especially
inter-active telecommunications used for education and
professional training.
(E) The establishment of a facility utilization policy that
specifically states rules and regulations for building and
equipment use and supervision guidelines.
(4) the high technology, global economy of the 21st century
will require lifelong learning to keep America's workforce
competitive and successful, local public schools should
provide centers for lifelong learning and educational
opportunities for individuals of all ages; and
(5) 21st Century Community Learning Centers enable the
entire community to develop an education strategy that
addresses the educational needs of all members of local
communities.
(c) Priority.--The Secretary shall give priority to
applications that offer a broad selection of services that
address the needs of the community.
SEC. 2403. USES OF FUNDS.
(a) Authorized Programs.--Grants awarded under this section
may be used to plan, implement, or expand community learning
centers which shall include not less than 4 of the following
activities:
(1) Literacy education programs.
(2) Senior citizen programs.
(3) Children's day care services.
(4) Integrated education, health, social service,
recreational, or cultural programs.
(5) Summer and weekend school programs in conjunction with
recreation programs.
(6) Nutrition, health, and/or physical therapy.
(7) Expanded library service hours to serve community
needs.
(8) Telecommunications and technology education programs
for all ages.
(9) Parenting skills education programs.
(10) Support and training for child day care providers.
(11) Employment counseling, training, and placement.
(12) Services for students who withdraw from school before
graduating high school, regardless of age.
(13) Services for individuals who are either physically or
mentally challenged.
SEC. 2404. AWARD OF GRANTS.
(a) In General.--In approving grants under this section,
the Secretary shall assure an equitable distribution of
assistance among the States, among urban and rural areas of
the United States, and among urban and rural areas of a
State.
(b) Grant Period.--Grants may be awarded for a period not
to exceed 3 years.
SEC. 2405. DEFINITIONS.
(1) the term ``Community Learning Center'' means the
provision of educational, recreational, health, and social
service programs for residents of all ages of a local
community in public school buildings, primarily in rural and
inner city areas, operated by the local educational agency in
conjunction with local governmental agencies, businesses,
vocational education programs, community colleges,
universities, and cultural, recreational, and other community
and human service entities; and
(2) the term ``Secretary'' means the Secretary of
Education.
SEC. 2406. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $25,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996-1999.
--Page 323, on line 14, strike Section 2441 and insert the
following:
SEC. 2441. FINDINGS.
The Congress finds that--
(1) a local public school often serves as a center for the
delivery of education and human resources for all members of
a community;
(2) public schools, primarily in rural and inner city
communities, should collaborate with other public and
nonprofit agencies and organizations, local businesses,
educational entities (such as vocational and adult education
programs, school to work programs, community colleges, and
universities), recreational, cultural, and other community
and human service entities for the purpose of meeting the
needs and expanding the opportunities available to the
residents of the communities served by such schools;
(3) by using school facilities, equipment, and resources,
communities can promote a more efficient use of public
education facilities, especially in rural and inner city
areas where limited financial resources have enhanced the
necessity for local public schools to become social service
centers;
SEC. 2442. PROGRAM AUTHORIZATION AND DISTRIBUTION.
(a) Grants by the Secretary.--The Secretary is authorized
in accordance with the provisions of this subsection to make
grants to rural and inner city schools or consortia thereof
to plan, implement, or to expand projects that benefit the
educational, health, social service, cultural, and
recreational needs of a rural or inner city community.
(1) No school or consortia thereof shall receive a grant
award of less than $50,000 in each fiscal year; and
(2) such grant projects do not exceed a 3-year period.
(b) Application.--To be eligible to receive funds under
this section, a school or consortia thereof shall submit an
application to the Secretary of Education at such time and in
such manner as the Secretary may reasonably prescribe, that
shall include--
(1) a comprehensive local plan that enables such school to
serve as a center for the delivery of education and human
resources for members of a community; and
(2) an initial evaluation of needs, available resources,
and goals and objectives for the proposed community education
program to determine programs that will be developed to
address these needs:
(A) A mechanism to disseminate information in a manner that
is understandable and accessible to the community.
(B) Identification of Federal, State, and local programs to
be merged of coordinated so that public resources may be
maximized.
(C) A description of the collaborative efforts of
community-based organizations, related public agencies,
businesses, or other appropriate organizations.
(D) A description of how the school will assist as a
delivery center for existing and new services, especially
inter-active telecommunications used for education and
professional training.
(E) The establishment of a facility utilization policy that
specifically states rules and regulations for building and
equipment use and supervision guidelines.
(4) the high technology, global economy of the 21st century
will require lifelong learning to keep America's workforce
competitive and successful, local public schools should
provide centers for lifelong learning and educational
opportunities for individuals of all ages; and
(5) 21st Century Community Learning Centers enable the
entire community to develop an education strategy that
addresses the educational needs of all members of local
communities.
(c) Priority.--The Secretary shall give priority to
applications that offer a broad selection of services that
address the needs of the community.
SEC. 2443. USES OF FUNDS.
(a) Authorized Programs.--Grants awarded under this section
may be used to plan, implement, or expand community learning
centers which shall include not less than 4 of the following
activities:
(1) Literacy education programs.
(2) Senior citizen programs.
(3) Children's day care services.
(4) Integrated education, health, social service,
recreational, or cultural programs.
(5) Summer and weekend school programs in conjunction with
recreation programs.
(6) Nutrition, health, and/or physical therapy.
(7) Expanded library service hours to serve community
needs.
(8) Telecommunications and technology education programs
for all ages.
(9) Parenting skills education programs.
(10) Support and training for child day care providers.
(11) Employment counseling, training, and placement.
(12) Services for students who withdraw from school before
graduating high school, regardless of age.
(13) Services for individuals who are either physically or
mentally challenged.
SEC. 2444. AWARD OF GRANTS.
(a) In General--In approving grants under this section, the
Secretary shall assure an equitable distribution of
assistance among the States, among urban and rural areas of
the United States, and among urban and rural areas of a
State.
(b) Grant Period.--Grants may be awarded for a period not
to exceed 3 years.
SEC. 2445. DEFINITIONS.
(1) the term ``Community Learning Center'' means the
provision of education, recreational, health, and social
service programs for residents of all ages of a local
community in public school buildings, primarily in rural and
inner city areas, operated by the local educational agency in
conjunction with local governmental agencies, businesses,
vocational education programs, community colleges,
universities, and cultural, recreational, and other community
and human service entities; and
(2) the term ``Secretary'' means the Secretary of
Education.
SEC. 2446. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $25,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996-1999.
--Page 323, on line 12, strike ``Subpart 4--21st Century
Community Learning Centers'', and insert the following:
Part F--21st Century Community Learning Centers
SEC. 2441. FINDINGS.
The Congress finds that--
(1) a local public school often serves as a center for the
delivery of education and human resources for all members of
a community;
(2) public schools, primarily in rural and inner city
communities, should collaborate with other public and
nonprofit agencies and organizations, local businesses,
educational entities (such as vocational and adult education
programs, school to work programs, community colleges, and
universities), recreational, cultural, and other community
and human service entities for the purpose of meeting the
needs and expanding the opportunities available to the
residents of the communities served by such schools;
(3) by using school facilities, equipment, and resources,
communities can promote a more efficient use of public
education facilities, especially in rural and inner city
areas where limited financial resources have enhanced the
necessity for local public schools to become social service
centers;
SEC. 2442. PROGRAM AUTHORIZATION AND DISTRIBUTION.
(A) Grants By the Secretary.--The Secretary is authorized
in accordance with the provisions of this subsection to make
grants to rural and inner city schools or consortia thereof
to plan, implement, or to expand projects that benefit the
educational, health, social service, cultural, and
recreational needs of a rural or inner city community.
(1) No school or consortia thereof shall receive a grant
award of less than $50,000 in each fiscal year; and
(2) such grant projects do not exceed a 3-year period.
(b) Application.--To be eligible to receive funds under
this section, a school or consortia thereof shall submit an
application to the Secretary of Education at such time and in
such manner as the Secretary may reasonably prescribe, that
shall include--
(1) a comprehensive local plan that enables such school to
serve as a center for the delivery of education and human
resources for members of a community; and
(2) an initial evaluation of needs, available resources,
and goals and objectives for the proposed community education
program to determine programs that will be developed to
address these needs:
(A) A mechanism to disseminate information in a manner that
is understandable and accessible to the community.
(B) Identification of Federal, State, and local programs to
be merged or coordinated so that public resources may be
maximized.
(C) A description of the collaborative efforts of
community-based organizations, related public agencies,
businesses, or other appropriate organizations.
(D) A description of how the school will assist as a
delivery center for existing and new services, especially
inter-active telecommunication used for education and
professional training.
(E) The establishment of a facility utilization policy that
specifically states rules and regulations for building and
equipment use and supervision guidelines.
(3) the high technology, global economy of the 21st century
will require lifelong learning to keep America's workforce
competitive and successful, local public schools should
provide centers for lifelong learning and educational
opportunities for individuals of all ages; and
(4) 21st Century Community Learning Centers enable the
entire community to develop an education strategy that
addresses the educational needs of all members of local
communities.
(c) Priority.--The Secretary shall give priority to
applications that offer a broad selection of services that
address the needs of the community.
SEC. 2443. USES OF FUNDS.
(a) Authorized Programs.--Grants awarded under this section
may be used to plan, implement, or expand community learning
centers which shall include not less than 4 of the following
activities:
(1) Literacy education programs.
(2) Senior citizen programs.
(3) Children's day care services.
(4) Integrated education, health, social service,
recreational, or cultural programs.
(5) Summer and weekend school programs in conjunction with
recreation programs.
(6) Nutrition, health, and/or physical therapy.
(7) Expanded library service hours to serve community
needs.
(8) Telecommunications and technology education programs
for all ages.
(9) Parenting skills education programs.
(10) Support and training for child day care providers.
(11) Employment counseling, training, and placement.
(12) Services for students who withdraw from school before
graduating high school, regardless of age.
(13) Services for individuals who are either physically or
mentally challenged.
SEC. 2444. AWARD OF GRANTS.
(a) In General.--In approving grants under this section,
the Secretary shall assure an equitable distribution of
assistance among the States, among urban and rural areas of
the United States, and among urban and rural areas of a
State.
(b) Grant Period.--Grants may be awarded for a period not
to exceed 3 years.
SEC. 2445. DEFINITIONS.
(1) the term ``Community Learning Center'' means the
provision of educational, recreational, health, and social
service programs for residents of all ages of a local
community in public school buildings, primarily in rural and
inner city areas, operated by the local educational agency in
conjunction with local governmental agencies, businesses,
vocational education programs, community colleges,
universities, and cultural, recreational, and other community
and human service entities; and
(2) the term ``Secretary'' means the Secretary of
Education.
SEC. 2446. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $25,000,000 for
fiscal year 1995 and such sums as may be necessary for each
of the fiscal years 1996-1999.
--Page 826, after line 18, add a new section:
SEC. 254. DISCLOSURE REQUIREMENTS.
Each educational organization, prior to accepting funds for
the cost of a minor's participation in an educational program
operated by such organization, shall disclose the following
information in written form to the minor or the minor's
parent:
(1) Method of Solicitation and Selection.--The method of
solicitation and selection of participants in the educational
program, including--
(A) the origin of any mailing list used for such
solicitation and selection;
(B) any recruitment through teacher or school personnel,
including any enticements offered to such teacher or
personnel for the recommendation of a minor for participation
in the educational program;
(C) any open enrollment activity, including the method of
outreach; and
(D) any cooperation with, or sponsorship by, a membership
organization, including a description of the cooperation or
sponsorship and the name of each such organization.
(2) Cost and Fees.--Information regarding the cost of the
educational program and information regarding the
distribution of any enrollment fee, including--
(A) the amount paid for, and the percentage of the total
educational program cost of, each feature of the educational
program, including--
(i) food;
(ii) lodging;
(iii) transportation;
(iv) program staffing;
(v) textbooks, syllabi, or other scholastic educational
program materials;
(vi) speaker fees; and
(vii) administrative expenses, including expenses related
to--
(I) the preparation of non-scholastic educational program
materials;
(II) the provision of financial assistance;
(III) mailing list rental or other recruitment activity;
and
(IV) administrative salaries and consulting fees;
(B) the identity of the organization or business providing
each of the features described in clauses (i) through (vii)
of subparagraph (A); and
(C) the nature of any relationship of any board member,
officer, or employee of the educational organization to any
organization or business described in subparagraph (B),
including the salary or other compensation paid by such
organization or business to such Board member, officer, or
employee.
(3) Nondiscriminatory enrollment and service policy.--
(a) In general.--Each educational organization shall
include a verifiable statement on all enrollment or
recruitment material that the educational organization does
not--
(1) fail or refuse to hire, or discharge, any individual,
or otherwise discriminate against any individual with respect
to compensation, terms, conditions, or privileges of
employment, or
(2) exclude any student from participation in an
educational program, discriminate against any student in
providing the benefits associated with such program
(including any scholarship or financial assistance, and use
of any facility), or subject the student to discrimination
under such program, on the basis of race, disability, or
residence in a low-income area.
(b) Construction.--Nothing in this section shall be
construed to entitle a student to--
(1) participation in an educational program or any benefit
associated with such program; or
(2) a waiver of any fee charged for such participation or
benefit.
(4) Enforcement.--
(a) In general.--The Secretary of Education shall monitor
compliance with the provisions of this section.
(b) Civil penalty.--If an educational organization
knowingly violates any provision of this Act, the Secretary
of Education, after notice and opportunity for hearing, may
impose on such organization a civil fine of not more than
$1,000 for each such violation.
(1) participation in an educational program or any benefit
associated with such program; or
(2) a waiver of any fee charged for such participation or
benefit.
--Page 901, after line 4, insert the following:
TITLE VI--PROGRAM STRATEGIES
SEC. 601. INNOVATIVE PROGRAM STRATEGIES.
Part E of title II of the Elementary and Secondary
Education Act of 1965, as amended by section 101 of this Act,
is further amended to read as follows:
``PART E--EDUCATION PROGRAM STRATEGIES
``SEC. 2401. FINDINGS AND STATEMENT OF PURPOSE.
``(a) Findings.--The Congress finds that chapter 2 of the
Education Consolidation and Improvement Act of 1981 has been
successful in achieving the goals of increasing local
flexibility, reducing administrative burden, providing
services for private school students, encouraging innovation,
and contributing to the improvement of elementary and
secondary educational programs.
``(b) Statement of Purpose.--It is the purpose of programs
under this part:
``(1) To support local education reform efforts which are
consistent with and support statewide reform efforts under
Goals 2000.
``(2) To support State and local efforts to accomplish the
National Education Goals.
``(3) To provide funding to enable State and local
educational agencies to implement promising educational
reform programs that can be supported by State and local
sources of funding after such programs are demonstrated to be
effective.
``(4) To provide a continuing source of innovation,
educational improvement, and support for library services and
instructional materials, including media materials and,
``(5) To meet the special educational needs of at risk and
high cost students.
``(c) State and Local Responsibility.--The basic
responsibility for the administration of funds made available
under this part is within the State educational agencies, but
it is the intent of Congress that the responsibility be
carried out with a minimum of paperwork and that the
responsibility for the design and implementation of programs
assisted under this part will be mainly that of local
educational agencies, school superintendents and principals,
and classroom teachers and supporting personnel, because they
have the most direct contact with students and are most
likely to be able to design programs to meet the educational
needs of students in their own districts.
``SEC. 2402. AUTHORIZATION OF APPROPRIATIONS; DURATION OF
ASSISTANCE.
``(a) Authorization.--To carry out the purposes of this
part, there are authorized to be appropriated $435,000,000
for fiscal year 1995 and such sums in each of the fiscal
years 1996 through 1999.
``(b) Duration of Assistance.--During the period beginning
October 1, 1994, and ending, September 30, 1999, the
Secretary shall, in accordance with the provisions of this
part, make payments to State educational agencies for the
purpose of this section.
``Subpart 1--State and Local Programs
``SEC. 2411. ALLOTMENT TO STATES.
``(a) Reservations.--From the sums appropriated to carry
out this subpart in any fiscal year, the Secretary shall
reserve not to exceed 1 percent for payments to Guam,
American Samoa, the Virgin Islands, the Trust Territory of
the Pacific Islands, and the Northern Mariana Islands, to be
allotted in accordance with their respective needs.
``(b) Allotment.--From the remainder of such sums the
Secretary shall allot to each State an amount which bears the
same ratio to the amount of such remainder as the school-age
population of the State bears to the school-age population of
all States, except that no State shall receive less than an
amount equal to one-half of 1 percent of such remainder.
``(c) Definitions.--For purposes of this subpart--
``(1) The term `school-age population' means the population
aged 5 through 17.
``(2) The term `States' includes the 50 States, the
District of Columbia, and the Commonwealth of Puerto Rico.
``SEC. 2412. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.
``(a) Distribution Rule.--From the sums made available each
year to carry out this part, the State educational agency
shall distribute not less than 85 percent to local
educational agencies within such State according to the
relative enrollments in public and private, nonprofit schools
within the school districts of such agencies, adjusted, in
accordance with criteria approved by the Secretary, to
provide higher per pupil allocations to local educational
agencies which have the greatest numbers or percentages of
children whose education imposes a higher than average cost
per child, such as--
``(1) children living in areas with high concentrations of
low-income families,
``(2) children from low-income families, and
``(3) children living in sparsely populated areas.
``(b) Calculation of Enrollments.--(1) The calculation of
relative enrollments under subsection (a) shall be on the
basis of the total of--
``(A) the number of children enrolled in public schools,
and
``(B) the number of children enrolled in private nonprofit
schools that desire that their children participate in
programs or projects assisted under this part, for the fiscal
year preceding the fiscal year in which the determination is
made. Nothing in this subsection shall diminish the
responsibility of local educational agencies to contact, on
an annual basis, appropriate officials from private nonprofit
schools within the areas served by such agencies in order to
determine whether such schools desire that their children
participate in programs assisted under this part.
``(2)(A) Relative enrollments under subsection (a) shall be
adjusted, in accordance with criteria approved by the
Secretary under subparagraph (B), to provide higher per pupil
allocations only to local educational agencies which serve
the greatest numbers or percentages of--
``(i) children living in areas with high concentrations of
low-income families,
``(ii) children from low-income families, or
``(iii) children living in sparsely populated areas.
``(B) The Secretary shall review criteria submitted by a
State educational agency for adjusting allocations under
paragraph (1) and shall approve such criteria only if the
Secretary determines that such criteria are reasonably
calculated to produce an adjusted allocation that reflects
the relative needs within the State's local educational
agencies based on the factors set forth in subparagraph (A).
``(c) Payment of Allocations.--
``(1) From the funds paid to it pursuant to section 2402
for a fiscal year, a State educational agency shall
distribute to each eligible local educational agency which
has submitted an application as required in section 2423 the
amount of its allocation as determined under subsection (a).
``(2)(A) Additional funds resulting from higher per pupil
allocations provided to a local educational agency on the
basis of adjusted enrollments of children described in
subsection (a), may, at the discretion of the local
educational agency, be allocated for expenditures to provide
services for children enrolled in public and private
nonprofit school in direct proportion to the number of
children described in subsection (a) and enrolled in such
schools within the local educational agency.
``(B) In any fiscal year, any local educational agency that
elects to allocate such additional funds in the manner
described in subparagraph (A) shall allocate all additional
funds to schools within the local educational agency in such
manner.
``(C) The provisions of subparagraphs (A) and (B) may not
be construed to require any school to limit the use of such
additional funds to the provision of services to specific
students or categories of students.
``Subpart 2--State Programs
``SEC. 2421. STATE USES OF FUNDS.
``(a) Authorized Activities.--A State educational agency
may use funds reserved for State use under this section only
for--
``(1) State administration of programs under this section
including--
``(A) supervision of the allocation of funds to local
educational agencies;
``(B) planning, supervision, and processing of State funds;
and
``(C) monitoring and evaluation of programs and activities
under this part; and
``(2) technical assistance and direct grants to local
educational agencies and statewide education reform
activities which assist local educational agencies to provide
targeted assistance.
``(b) Limitations and Requirements.--Not more than 25
percent of funds available for State programs under this part
in any fiscal year may be used for State administration under
subsection (a)(1).
``SEC. 2423. STATE APPLICATIONS.
``(a) Application Requirements.--Any State which desires to
receive a grant under this subpart shall submit to the
Secretary an application which--
``(1) designates the State educational agency as the State
agency responsible for administration and supervision of
programs assisted under this part;
``(2)(A) provides for an annual submission of date on the
use of funds, the types of services furnished, and the
students served under this section; and
``(B) in fiscal year 1998 provides for an evaluation of the
effectiveness of programs assisted under this subpart;
``(3) provides that the State educational agency will keep
such records and provide such information to the Secretary as
may be required for fiscal audit and program evaluation
(consistent with the responsibilities of the Secretary under
this section);
``(4) provides assurance that, apart from technical and
advisory assistance and monitoring compliance with this part,
the State educational agency has not exercised and will not
exercise any influence in the decision making processes of
local educational agencies as to the expenditure made
pursuant to an application under section 2433; and
``(5) contain assurances that there is compliance with the
specific requirements of this chapter.
``(b) Period of Application.--An application filed by the
State under subsection (a) shall be for a period not to
exceed 3 years, and may be amended annually as may be
necessary to reflect changes without filing a new
application.
``(c) Audit Rule.--Notwithstanding section 1745 of the
Omnibus Budget Reconciliation Act of 1981, local educational
agencies receiving less than an average of $5,000 each under
this section need not be audited more frequently than once
every 5 years.
``Subpart 3--Local Targeted Assistance Programs
``SEC. 2431. TARGETED USE OF FUNDS.
``(a) General Rule.--Funds allocated for use under this
subpart shall be used by local educational agencies for
targeted assistance described in subsection (b).
``(b) Targeted Assistance.--The targeted assistance
programs referred to in subsection (a) include--
``(1) technology related to the implementation of school-
based reform programs, including professional development to
assist teachers and other school officials regarding how to
use effectively such equipment and software;
``(2) instructional and educational materials, assessments,
and library services and materials (including media
materials) tied to high academic standards and which are part
of an overall education reform program;
``(3) promising education reform projects, including 21st
Century Learning Center school projects in accordance with
subpart 4; and
``(4) computer hardware and software purchased under this
section should be used only for instructional purposes.
``SEC. 2432. ADMINISTRATIVE AUTHORITY.
``In order to conduct the activities authorized by this
part, each State or local educational agency may use funds
reserved for this part to make grants to and to enter into
contracts with local educational agencies, institutions of
higher education, libraries, museums , and other public and
private nonprofit agencies, organizations, and institutions.
``SEC. 2433. LOCAL APPLICATIONS.
``(a) Contents of Application.--A local educational agency
or consortia of local educational agencies may receive an
allocation of funds under this subpart for any year for which
an application is submitted to the State educational agency
and such application is certified to meet the requirements of
this section. The State educational agency shall certify any
such application if such application--
``(1) sets forth the planned allocation of funds among
targeted assistance programs described in section 2431 of
this part and describes the programs, projects and activities
designed to carry out such targeted assistance which it
intends to support, together with the reasons for selection
of such programs, projects and activities; and
``(2) describes how assistance under this section will
contribute to meeting the National Education Goals and
improving student achievement or improving the quality of
education for students;
``(3) agrees to keep such records, and provide such
information to the State educational agency as may reasonably
be required for fiscal audit and program evaluation,
concession with the responsibilities of the State agency
under this part; and
``(4) provides in the allocation of funds for the
assistance authorized by this part, and in the design,
planning and implementation of such programs, for systematic
consultation with parents of children attending elementary
and secondary schools in the area served by the local agency,
with teachers and administrative personnel in such schools,
and with other groups involved in the implementation of this
section (such as librarians, school counselors, and other
pupil services personnel) as may be considered appropriate by
the local educational agency.
``(b) Period of Application.--An application filed by a
local educational agency under subsection (a) shall be for a
period not to exceed 3 fiscal years, may provide for the
allocation of funds to programs for a period of 3 years, and
may be amended annually as may be necessary to reflect
changes without filing a new application.
``(c) Local Educational Agency Discretion.--Subject to the
limitations and requirements of this part, a local
educational agency shall have complete discretion in
determining how funds under this subpart shall be divided
among the areas of targeted assistance. In exercising such
discretion, a local educational agency shall ensure that
expenditures under this subpart carry out the purposes of
this subpart and are used to meet the educational needs
within the schools of such local educational agency.
``Subpart 4--21st Century Community Learning Centers
``SEC. 2441. FINDINGS.
``The Congress finds that--
``(1) there are influences outside of school which affect
the ability of a child to achieve academically and schools
are in a unique position to identify student and family needs
to coordinate programs;
``(2) access to health and social service programs can
assist children and their families to improve the ability of
the family to take an active role of their child's education;
``(3) coordination of health and social service programs
with education can help the Nation meet the National
Education Goals and ensure better outcomes for children;
``(4) the high technology, global economy of the 21st
century will require lifelong learning to keep America's
workforce competitive and successful;
``(5) 21st Century Community Learning Centers enable the
entire community to develop an education strategy that
addresses the educational needs of all members of local
communities; and
``(6) local public schools should provide centers for
lifelong learning and educational opportunities for
individuals of all ages.
``SEC. 2442. FUNDS FOR COMMUNITY LEARNING CENTERS.
``(a) In General.--Local educational agencies may use funds
provided under section 2412 to pay the Federal share of the
cost for enabling schools to serve as centers for the
delivery of education and human services for members of a
community.
``(b) Uses of Funds.--Local educational agencies may use
funds provided under section 2412 for projects described
under this subpart.
``SEC. 2443. PROGRAMS.
``Local educational agencies that receive funds under this
subpart may develop programs that include--
``(1) literacy education programs;
``(2) senior citizen programs;
``(3) children's day care services;
``(4) integrated education, health, social service,
recreational, or cultural programs;
``(5) summer and weekend school programs in conjunction
with summer recreation programs;
``(6) nutrition programs;
``(7) expanded library service hours to serve community
needs;
``(8) telecommunications and technology education programs
for all ages;
``(9) parenting skills education programs;
``(10) support and training for child day care providers;
``(11) employment counseling, training, and placement;
``(12) services for students who withdraw from school
before graduating high school, regardless of age; and
``(13) services for individuals who are either physically
or mentally challenged.
``SEC. 2444. REQUIREMENTS.
``A local educational agency that uses funds to develop
programs under this subpart shall, at the end of the first
year for which funds are used for this purpose, provide
information to the State educational agency which describes
the activities and projects established with funds under this
subpart and includes--
``(1) information on the comprehensive local plan that
enables such school to serve as a center for the delivery of
education and human services for members of a community; and
``(2) information on the initial evaluation of needs,
available resources, and goals and objectives for the
proposed community education program and how such evaluation
was used to determine the program developed to address such
needs; including--
``(A) the mechanism used to disseminate information in a
manner understandable and accessible to the community;
``(B) identification of Federal, State, and local programs
merged or coordinated so that public resources could be
maximized;
``(C) a description of the collaborative efforts of
community-based organizations, related public agencies,
businesses, or other appropriate organizations;
``(D) a description of how the school will assist as a
delivery center for existing and new services; and
``(E) the establishment of the facility utilization policy
that specifically states rules and regulations for building
and equipment use and supervision guidelines.
``SEC. 2445. DEFINITION.
``For purposes of this subpart, the term `Community
Learning Center' means the provision of educational,
recreational, health, and social service programs for
residents of all ages of a local community in public school
buildings, primarily in rural and inner city areas, operated
by the local educational agency in conjunction with local
governmental agencies, businesses, vocational education
programs, community colleges, universities, cultural,
recreational, and other community and human service entities.
Mr. GUNDERSON (during the reading). Mr. Chairman, I ask unanimous
consent that the amendment be considered as read and printed in the
Record.
The CHAIRMAN pro tempore. Is there objection to the request of the
gentleman from Wisconsin.
There was no objection.
(Mr. GUNDERSON asked and was given permission to revise and extend
his remarks.)
Mr. GUNDERSON. Mr. Chairman and Members, this is probably one of the
more important amendments in the bill, because it really represents
what this bill has become, not what I think it was intended to be all
about.
Unfortunately, the gentleman from Pennsylvania [Mr. Goodling] said,
there are no less than 23 new reporting requirements already included
in this legislation; the fact is that if you will look at the bill, you
will find, beginning in section 111 and going through section 118, what
the State and local plans must require. Literally, you will find 57
pages of legislative mandates that must be included. Those 57 pages of
mandated requirements in State and Federal plans are going to transfer
into how many untold pages of reporting requirements at the local level
when the rules and the regulations are published.
The amendment that I am offering says we get a little bit carried
away when we require schools to report down to the very last single
percentile, and that is exactly the language that I am trying to delete
from the bill. The language was included in the committee that requires
that every school receiving chapter 1 funds must prove that at least 1
percent of their funds are being used for parental involvement
programs.
I am all for parental involvement. That is not the problem. I am all
for the Government perhaps even mandating parental involvement. That is
not the problem. I have got real problems though when we say to a
school, ``You have got to prove to us that at least 1 percent of your
money is being used for this particular program.''
I have a school district, and I know many of my colleagues have many,
many small school districts that are receiving and participating in the
chapter 1 program. One of my schools receives $36,000 a year. Do you
know what that means? That means that school has to prove to the
Federal Government that they are spending $360 a year on parental
involvement.
Folks, if we do not have any more confidence than that in local
public education, we ought to say so and eliminate it. To ask schools
to do those kinds of reporting requirements goes beyond any sense of
what I would call ridiculous.
I would like to take some time, and it is going to take some time,
but I would like to show you what a local LEA has to do today to
participate in the chapter 1 program as we know it. One of our school
districts was kind enough to make a copy of literally everything that
they had to do. There are no less than, folks, 95 pages of data
submitted by this small school district to comply with chapter 1
regulations today.
Let me share with you some of what that data is, because I think it
is important that you understand. Obviously in the application, you
have to show, first and foremost, how every dollar is projected to be
spent from administration to instruction, from salaries to fringe
benefits to noncapital objects, to purchased services, and so you have
to show exactly how every dollar is going to be spent. Then you have to
articulate what the purchased services are going to be, what the
capital objects are that you are going to purchase with this money.
Then you have to indicate in subject areas exactly where the impact of
these dollars is going to be, in other words, how much is going to be
allocated for every different kind of instruction from language arts to
reading to integrated reading and language arts to math to
prekindergarten to extended day kindergarten and so on the list goes.
Then you have to show how many grades are going to be involved, how
many of those students are going to be in the public schools, how many
are going to be in the private schools, and how much you are going to
allocate in each particular area. Then you have to indicate what your
personnel are going to be, who they are going to be, what their title
will be, exactly what percent of their full-time equivalency will be
spent on this program. Then you have to indicate general information
about the school district such as where it is, its basic
administration, its coordinator for the chapter 1 program, et cetera.
On the next page, you have to indicate who the targeting data would
suggest to be the targeted students. You have to indicate this for
every school building within your local education agency, indicating
the grades covered in that school, the enrollment, those that are going
to be enrolled from private schools, those that are low income, and
that type of data. Then you have to explain the private school
participation. At that point in time, you begin a needs assessment and
then you have to explain exactly how the procedural steps will be taken
to describe which students most need this program. When that is
completed, you will describe the procedural steps that will be taken to
specifically select students within your local education agency. Then
you will have to go on and describe the constructional component in
each particular one of these categories that is going to be used from
their goals, their desired outcomes, and the State's definition of
substantial progress that is the goal in that particular area.
At that point, you have to go on and begin to describe the basic
concept or the basic description of your particular school district,
and each of the buildings within your school district that will be used
in the activities, that will be used under that, at which point you
begin to articulate how your evaluation plan will be carried out.
At that point, you have to design, under section 5, an instructional
component design talking about what the LEA performance objectives are
in each area and what definition of substantial progress will be used
to calculate whether substantial progress was or was not made.
Then you begin an evaluation plan for the next few pages, literally
describing in every area how you will be evaluating this particular
plan with each kind of particular students that will be going on.
Now, I could carry this on to the end, and I would bore you to death.
And, folks, that is only one part of the LEA application.
The CHAIRMAN pro tempore. The time of the gentleman from Wisconsin
[Mr. Gunderson] has expired.
(By unanimous consent, Mr. Gunderson was allowed to proceed for 5
additional minutes.)
Mr. GUNDERSON. Mr. Chairman, that took up only 30, one-third of the
95 pages that this school has to fill out.
The next thing they have to do is fill out five pages, which point
out the private school targeting forms included within those local LEA
funds, at which point they then have to explain exactly through three
more pages what the needs assessment, the identification data will be
that is used.
Then they have to articulate exactly which students in which grades
in which subject matters are going to be used.
It took this school 16 pages to do that.
Then it had to give a needs assessment summary which took five
particular pages to explain exactly what the recommendations of their
needs assessment study were and why, at which point they had to provide
supporting data. That is 14 pages of supporting data explaining their
needs assessment in this school. And then they had to get into the
evaluation program which took 15 more pages of data on evaluation at
which point they had to get into four pages on program improvement.
I do not intend to make a mockery of this at all. I have taken this
time because, folks, these are real people, for the most part these are
real teachers who have a desire to serve real students in real need of
special education assistance, and somehow or another we in Washington
in this era of thinking that Washington knows best want to suggest
through this bill that we can mandate all kinds of additional reporting
requirements above and beyond those 95 pages that must be filled out by
any LEA today to participate in this program.
Whether you have 100 students or 10,000 students in your particular
school district, you have to fill out all of this paperwork.
So, please, my colleagues on both sides of the aisle, let us make
sure our limited chapter 1 dollars go not to filling out Federal forms
but to really helping students in need of this special assistance.
{time} 1520
Mr. OWENS. Mr. Chairman, I move to strike the requisite number of
words, and I rise to speak in opposition to the amendment.
Mr. Chairman, the speech we have just heard was a very interesting
analysis, useful; the problem is it is the wrong speech at the wrong
time on the wrong amendment.
I would be happy to join the gentleman from Wisconsin [Mr. Gunderson]
in simplifying the kind of reporting requirements that are necessary
under this bill. That is not the issue here. But it certainly sounds as
if we need to have some simplification.
I am in favor of that, but it has nothing to do with the requirement
that 1 percent of the title I funds be spent on parent involvement
activities. That is what the amendment is all about: parent involvement
activities. It just says, ``We require that 1 percent be spent.'' There
is no requirement of a special report, there is no requirement that you
prove it, we just require it, not less than 1 percent. You can spend
more if you want to, you can make another little niche, another
category on your financial report on your computer, and it will tell
you what you spent for parent involvement activities.
In the case of one of the gentlemen's districts, it was either
$36,000 or $360--maybe they spent $360 on stamps to notify the parents
to come to a meeting. One little press of a button will tell you that
is what was spent. You do not have to have a special report, you do not
have to have a special report. Of all the reports that are required,
one thing is certain: There is always going to be a financial report.
No matter how hard I work with the gentleman from Wisconsin to help
simplify the reporting systems, there is always going to be a
requirement that there be financial reporting.
So this is just another little request that you show us what you are
spending on parent involvement activities. Why do we have to have this
requirement? Because there are parents across the country who keep
complaining year after year about not having the opportunity to
participate as required by the law. Everybody pays lip service to
parent involvement--that is, the concept; everybody supports it with
rhetoric, that there should be more parent involvement. Everybody says
you cannot do anything without the parents, that it is not the duty of
government to teach values, it is the parents'. Everybody says the
schools must work closely hand-in-hand with the parents. But when you
begin to move and look at the details, it appears that most of the
people involved in education are afraid of parents. Parents are good
people. I want the gentleman from Wisconsin to understand, parents are
good people. People are vitally necessary to this process. Parents and
teachers working together is very necessary, so if the teachers are
afraid of this requirement, I want you to reassure them that this will
not only allow us to help them do the job better but teachers complain
to me about parents, that you cannot get the parents to cooperate; but
here is a vehicle by which you bring parents together with the teachers
and administrators to make some decisions.
The history of the title I, chapter 1 program--when it first started,
it was title I--title I had a requirement that parents must sign off.
Parents had policymaking power. If you did not have a parent sign off,
you could not get the funds. They have that kind of power.
Later on, the Congress, as a result of administrators complaining,
teachers complaining, they did not want parents interfering in the
administrative process. It was all a power play, in my opinion. I do
not think we should change that. I was not in Congress at the time.
But Congress retreated from support of the parents. Congress said
parents should have an advisory role. So now they have an advisory
role. It is required that you seek their advice. They cannot hold up
submission of a chapter 1 or title I package, they cannot hold it up.
Whatever the administrator and teacher decide to do, basically they can
do it, but they must consult, they must allow the parents to come in,
look at it, make comments on it.
This is a very fundamental, elementary, rudimentary basic process
which is not being followed in numerous school districts. Parents
complain that they do not have that opportunity. I asked the teachers
and the principals, ``Why didn't you give them the opportunity to
comment?'' All they can do is comment on the package. ``Why didn't you
give them an opportunity to comment?'' The teachers and principals
said, ``We had a meeting, and they did not come.'' So, ``When did you
have a meeting?'' ``Well, 4:30 in the afternoon.'' So, automatically
the parents could not come. ``How did you notify the parents to come?''
They said, ``Well, we told the kids in the auditorium, told the kids to
tell their parents to come to the meeting.'' ``Why didn't you sent the
parents a letter in the mail for this important meeting held once a
year?''
The CHAIRMAN pro tempore. (Mr. Darden). The time of the gentleman
from New York has expired.
(By unanimous consent, Mr. Owens was allowed to proceed for 5
additional minutes.)
Mr. OWENS. The question is, ``Why didn't you send a letter to the
parents to come to this one important meeting per year in the mail?''
``We didn't have the postage,'' the principal says. ``Why didn't you
have the postage?''
You know, out of the chapter 1, title I funds, surely we can provide
enough postage to notify the parents once a year that their all-
important advisory committee meeting is taking place. Their perception
is that the parents are not important, and there are numerous other
situations where a little bit of attention, a little bit of money
expended to encourage parents to participate would reap a great
benefit.
The problem is, if you are not committed to it, you always find the
excuse of not spending the money for it. But no school administrator
and no superintendent in all the hearings that I have attended--quite a
number--would admit that they were not spending at least 1 percent. The
comments we always receive when I ask the question of a superintendent
or a principal. ``Would you object to a provision in the law which says
you must spend no less than 1 percent on parent involvement
activities,'' the answer invariably is, ``Oh, we spend far more than
that, we spend far more than that.''
I said, ``Would you object to having the requirement that you at
least show how you spend the money?'' The objection is always, ``We
don't want more redtape, we don't think it is necessary.'' I do not
understand. There is a contradiction. If you are doing it already, what
is the problem? The problem is that it is not being done, and the
problem is it is felt parents are not enough to break it out and
delineate what is being done so they will know. Many parents may
perceive they are not being recognized properly, not being included,
there is not sufficient opportunity for participation. They may
perceive that, and one way for the superintendents, principals, and
administrators to be able to quiet their own fears and answer their own
questions is to have a way to break it out and show, ``We spend so much
on stamps, we spend so much on a coordinator of parent activities,
full-time, part-time, quarter-time,'' whatever you want to say, ``we
spend so much on parent leaflets, practice booklets, whatever, to go to
the parents; we produced the proposal summary and we sent it out to all
the parents or maybe just the key leaders.''
It is not a difficult thing to show how you have supported your
parent involvement activities if you have parent involvement
activities. The problem is people do not understand that parents are
good people, parents are vital people, parents deserve more than just a
good line and the rhetoric we put out about wanting to have parent
involvement. You know, Education 2000, America 2000, there is a great
emphasis on parent participation, citizen participation.
America 2000 commits--one part of the previous President's package
that I thought was great, President Bush proposed in America 2000 a
community commitment where a whole community would be invited to join
with the parents and school personnel, teachers, administrators, in
working toward the improvement of education in the district. So,
parents there were included in the central part.
The real problem behind the attempt to gut this amendment is a fear
that parents are not really that important, not that significant, and
local people would not appreciate an opportunity to encourage greater
amounts of parent participation. I think that is an unfounded fear.
Mr. GUNDERSON. Mr. Chairman, will the gentleman yield?
Mr. OWENS. I yield to the gentleman from Wisconsin [Mr. Gunderson].
Mr. GUNDERSON. I thank the gentleman for yielding.
Mr. Chairman, the gentleman from New York [Mr. Owens] articulated
earlier that simply using the 1 percent for stamps would comply with
the Federal Government.
Mr. OWENS. I did not get into that detail. I said it might be they
spent $360 on stamps to notify parents of various meetings. Yes, that
is a possibility.
Mr. GUNDERSON. But think about it, if that satisfied this
requirement, have we not reached the level of absurdity when we require
that schools have to point out that they spent 1 percent of their money
of $360 on stamps and report that to the Federal Government? Is that
not asking a little bit much of a local education agency?
Mr. OWENS. The gentleman chose to give the ridiculous--
Mr. GUNDERSON. I used the gentleman's example.
Mr. OWENS. Ridiculous example. The gentleman chose that particular
small amount, and I told you how it could be done--
Mr. GUNDERSON. The gentleman is--
Mr. OWENS. Mr. Chairman, may I reclaim my time?
Mr. GUNDERSON. It is the gentleman's time.
{time} 1530
Mr. OWENS. Nobody says how it should be done or, ``That's all you
should do.''
We say, ``You should spend a minimum of 1 percent.''
They can argue that we have many other parent involvement activities
that are not involved with expenditures of the Federal Government.
Mr. GOODLING. Mr. Chairman, I rise in support of the amendment
offered by the gentleman from Wisconsin [Mr. Gunderson].
(Mr. GOODLING asked and was given permission to revise and extend his
remarks.)
Mr. GOODLING. Mr. Chairman, my colleague is correct, they can use the
money now in the program in order to do parenting programs or programs
involving parents. I would be very happy to indicate in an amendment
such as this, such as the gentleman from New York has offered, that the
large percentage of it must go for improving parent literacy and
parenting skills. In all of the programs we are discovering that family
literary is the answer if we are really going to help the disadvantaged
become less disadvantaged or not disadvantaged at all. So, if it went
strictly for a large portion or directly to parenting skills and to
improving literacy skills, then I would not have too much problem with
it.
But what we are doing in this particular piece of legislation, Mr.
Chairman, is saying that here is just one more reporting requirement.
The gentleman from Wisconsin [Mr. Gunderson] is correct. Whenever we
speak to teachers in chapter 1, whenever we speak to supervisors in
chapter 1, their greatest concern is the amount of hours they spend
doing the paperwork when they could be doing it either in teaching or
in preparation for their teaching, and so this provision just creates
an enormous paperwork requirement on LEA's because they will have to
show to the Department satisfactorily that they are spending 1 percent
of their title I funds on parental involvement.
Now I do not know what the requirement will be from that department
in respect to these reporting requirements. I do not know how tough
they will be and how many pages it will take to justify what they are
doing. But it is another burden taking the teacher and the supervisor
away from teaching young people.
I say, if you can get parents to be the first and foremost parent,
that's the kind of parental involvement we really should be striving
for. That's why Head Start hasn't worked the way we wanted it to work,
and we have spent 20-some billion dollars on Head Start. That's why
chapter I hasn't worked the way we thought it would work after spending
$80-some billion.
Mr. OWENS. Mr. Chairman, will the gentleman yield?
Mr. GOODLING. I yield to the gentleman from New York.
Mr. OWENS. Will the gentleman accept the amendment if I work with him
to limit? Say we are going to go together to the Department of
Education and work with them to make sure the regulation limits any
reporting requirements to two or three sentences or a paragraph.
Mr. GOODLING. Mr. Chairman, I am not quit sure what the gentleman
means.
Mr. OWENS. The gentleman said he does not know what the Department of
Education will require as a result of this new requirement in the law,
what regulations they will come up with, and I ask the gentleman,
``Would you go with me, and, if I pledge to go with you to the
Department of Education and, in addition to the language in the report
which makes it clear this is no new reporting requirement, to make sure
that they don't come up with anything more than a few sentences or a
paragraph in additional reporting? Would you accept the amendment
then?''
Mr. GOODLING. Mr. Chairman, I say to the gentleman, ``Anything you
can do to get more parental involvement, including parenting skills and
improving literacy skills, I am a hundred percent behind,'' and I say
to the gentleman, ``If you can do that without reporting requirements,
then I'm very happy to join you in doing that.''
Mr. OWENS. I will join the gentleman.
Mr. GUNDERSON. Mr. Chairman, will the gentleman yield?
Mr. GOODLING. I yield to the gentleman from Wisconsin.
Mr. GUNDERSON. Mr. Chairman, I appreciate that.
The thing I would like to simply point out, and I think this is
important for the gentleman from New York [Mr. Owens] and everyone else
to understand, is we do not delete anything in the parental involvement
section of the bill except that one section that says, ``You have to
prove that you have spent at least 1 percent.'' Every one of the other
programmatic requirements is still there.
Now I say to my colleagues, ``The problem you're going to face is
that in order to comply you're going to have to articulate exactly
every one of the sections, A, B, C, D, E and (2), to prove that you are
doing those activities which would qualify for that 1 percent of,
quote, unquote, parental involvement, and it's like I said earlier.
We're not trying to eliminate parental involvement. We are just trying
to eliminate a requirement down to the last single percentile of
allocation of funds.''
The CHAIRMAN pro tempore (Mr. Darden). The time of the gentleman from
Pennsylvania [Mr. Goodling] has expired.
(By unanimous consent, Mr. Goodling was allowed to proceed for 2
additional minutes.)
Mr. OWENS. Mr. Chairman, will the gentleman yield?
Mr. GOODLING. I yield to the gentleman from New York.
Mr. OWENS. Mr. Chairman, I just wanted to point out the wording here
on page 82:
Each local educational agency shall reserve not less than 1 percent
of its allocation under this part for the purposes of carrying out this
section, including family literacy and parenting skills.
There is no requirement for proving anything. The gentleman keeps
using the word ``prove'' and ``special reporting.'' It just says, ``You
shall reserve, you shall do it.''
Mr. GUNDERSON. Mr. Chairman, will the gentleman yield?
Mr. GOODLING. I yield to the gentleman from Wisconsin.
Mr. GUNDERSON. Let me say in all due respect that that then is
exactly how we get all these rules, regulations and paperwork, because
if the gentleman thinks there is any department in the Federal
Government that is not going to take that section and promulgate rules
and establish forms that require every local education agency to prove
that they have met exactly that 1 percent utilization of funds, then
the gentleman just is not dealing with the real world, and that is
exactly what these 95 pages of requirements are all about.
Mr. OWENS. We are streamlining government now. We are getting rid of
all this.
Mr. GUNDERSON. I say to the gentleman, ``You're increasing it; that's
the problem.''
Mr. OWENS. Not this administration.
Mr. KILDEE. Mr. Chairman, I rise in opposition to the amendment
offered by the gentleman from Wisconsin [Mr. Gunderson], not because of
the person who is offering it because he has made many fine
contributions to this bill and other education bills, but I rise to
oppose it. The setaside established in the bill is low enough not to be
burdensome on the local school districts, and, having taught for 10
years, I know that meaningful parental involvement is very important
for good education.
In my Ninth District of Michigan, my second largest city, Pontiac,
MI, has very good title I (chapter 1) program, and one of the reasons
it is good is because of parental involvement. They have had that
parental involvement from the beginning, and the school district
encourages that parental involvement. Parents become more interested in
the schooling of their children when they are involved in the schooling
of their children. I always tried to encourage that, and I taught at
the high school level. It was always strange that on PTA night the
parents I needed to see never came. The parents I did not need to see
always came. I always tried to encourage parental involvement.
Now I know the gentleman from Wisconsin [Mr. Gunderson] is sincerely
concerned with paperwork, and I share that concern, but H.R. 6
substantially addresses that burden of paperwork. For example, the
separate Federal testing which was required before now has been
replaced by letting them use the State testing system. Today a school
has to be 75 percent qualified to have a schoolwide program. We reduce
that to 60 percent where they can have a schoolwide program. That in
itself will reduce the paperwork. So, I want to make it clear that
within H.R. 6 we have made substantial improvements in reducing the
paperwork.
Second Mr. Chairman, I want to get clear that parental involvement is
very important in all phases of education and particularly in this
title I.
I yield back the balance of my time.
Mr. MILLER of Florida. Mr. Chairman, I move to strike the requisite
number of words, and rise in support of the amendment offered by the
gentleman from Wisconsin [Mr. Gunderson].
Mr. Chairman, I support my colleague's proposal to eliminate the
mandate on local education agencies to spend 1 percent of their Chapter
I funds for parental involvement. I cannot justify forcing local
educating agencies to narrow the parameters of their spending for
Chapter I funding. The idea was to add flexibility in this bill, not
confiscate it from the local school districts. We don't need
micromanaging from Washington.
While parental involvement is of the utmost importance to a student's
success, placing mandates on school districts is bureaucratic.
Throwing money at parental involvement may not be the best use of
scarce Federal dollars for education. I don't think other options for
encouraging parental involvement have been explored. We need to
encourage and support parental involvement, not have a bureaucratic
mandate. What kind of regulations will be developed to implement this
mandate. As we reduce the size of the Federal Government, we are
increasing the need for more bureaucrats.
Take for instance, rural districts, that receive $100,000 or less for
Chapter I funding. To be forced to spend $1,000 of that on parental
involvement may sacrifice curriculum materials like updated books or
video resources.
Liberty County in Florida receives $146,000 in Chapter I funding--1
percent of that is $1,460 dollars. Is that enough to pay for a tutor
for parents to learn to read? I know that it could buy a lot of books,
even copies of the Ken Burn's ``The Civil War Series.''
Also, Mr. Chairman, how is the Federal Government to document the use
of funds for parental involvement?
How much is it going to cost to implement a policy requiring funds to
be spent on parental involvement? When considering the answer to this
question, keep in mind that we voted 2 weeks ago to downsize the
Federal Government by 252,000 employees.
And, how does Liberty County in Florida measure volunteer services
when the Secretary of Education asks the school how they spent $1,460
dollars on parental involvement?
I sat at a round table on Monday with the two superintendents of
education in my district to review H.R. 6. One of the superintendents
looked at this section of the bill and said, ``The Federal Government
is not the school board. We'd just like to see the Federal Government
keep its fingers out of local concerns.'' Both superintendents
enumerated a number of parental involvement programs that don't cost
money, and both spend far more than 1 percent on parental involvement.
One more ``i'' to dot or ``t'' to cross just adds to the inordinate
amount of paperwork schools already have to complete. Not everything in
education has to cost money, Mr. Chairman.
I implore the Members to vote to eliminate this mandate. I don't want
to start telling local school districts exactly how to spend every dime
of their money.
Let us keep some flexibility in tact for local school districts. I
know I trust them to make their own decisions on how to involve
parents.
Don't misunderstand me, parents need to be involved in the education
of their children. But a ham fisted Federal mandate is no substitute
for good parenting.
{time} 1550
The CHAIRMAN pro tempore (Mr. Darden). The question is on the
amendment offered by the gentleman from Wisconsin [Mr. Gunderson].
The amendment was rejected.
Mr. SMITH of Michigan. Mr. Chairman, I move to strike the last word.
(Mr. SMITH of Michigan asked and was given permission to revise and
extend his remarks.)
Mr. SMITH of Michigan. Mr. Chairman, I thank the sponsor of the bill,
Congressman Dale Kildee, and the committee ranking member, Bill
Goodling for their consideration.
The original amendment that Congressman Emerson and I introduced
asked for a study and plan of how schools can assist families in
reinforcing values. Specifically, it named and defined 10 ethical
principles that should be considered. Namely:
Honesty; To be truthful, sincere, forthright,
straightforward, frank and candid; to not cheat, steal, lie,
deceive, or act deviously.
Integrity; To be principled, honorable, and upright; to not
be two-faced or unscrupulous.
Promise-keeping: To be worthy of trust, keep promises,
fulfill commitments, and abide by the spirit as well as the
letter of an agreement.
Loyalty; To be faithful and loyal to family, friends,
employees, clients, and country.
Fairness: To be fair and open-minded, willing to admit
error, and, if appropriate, change positions and beliefs; to
demonstrate a commitment to justice and the equal treatment
of individuals.
Caring for others: To be caring, kind, and compassionate;
to share; to be giving and of service to others; to help
those in need and avoid harming others.
Respect for others: To demonstrate respect for other
people's property, human dignity, and privacy; to be
courteous, prompt, and decent; to not patronize, embarrass,
or demean.
Responsible citizenship: To obey the laws and, if a law is
unjust, protest it and try to change it but continue to obey.
Pursuit of excellence: To pursue excellence in all matters
and in meeting personal responsibilities; to be diligent,
reliable, industrious, and committed; to perform all tasks to
the best of one's ability, develop and maintain a high degree
of competence, and be well informed and well prepared; to not
be content with mediocrity; to not strive to `win at any
cost'.
Accountability: To be accountable and accept responsibility
for decisions, for the foreseeable consequence of actions and
inactions, and for setting an example for others.
This morning, Congressman Tony Hall of Ohio and I met with Michael
Josephson and actor, Tom Selleck of the Character Counts Coalition. The
coalition is a national partnership of organizations and individuals
involved in the education, training, or care of youth, joined together
in a collaborative effort to improve the character of America's young
people based on six core ethical values of trustworthiness, respect,
responsibility, fairness, caring, and citizenship. I have amended my
motion to specifically identify these six core ethical values.
The reason that it is so important that we all get involved is to
combat violence, dishonesty, and irresponsibility by strengthening the
moral fiber of the next generation. The coalition will put the issue of
character development on the forefront of the American agenda through a
wide variety of grassroots activities built upon the simple but
profound conviction that character counts. The coalition is built upon
the common ground of consensus ethical values that form the foundation
of a democratic society.
With the passage of my amendment I am hopeful that States, local
school districts, and individual teachers will assist in this effort
and be motivated to study and plan the best ways to support the
community and parents in the positive development of a child's
character and value system. The Josephson Institute of Ethics has
helped to define these six core ethical values in terms of do's and
don't's as follows:
Six Core Ethical Values
trustworthiness
Honesty--Do: tell the truth; be sincere. Don't: betray a
trust, deceive, mislead, cheat, or steal; don't be devious or
tricky.
Integrity--Do: stand up for your beliefs; be your best
self; walk your talk; show commitment, courage, and self-
discipline. Don't: do anything you think is wrong.
Promise-Keeping--Do: keep your word and honor your
commitments; pay your debts and return what you borrow.
Loyalty--Do: stand by, support and protect your family,
friends, and country. Don't: talk behind people's backs;
spread rumors or engage in harmful gossip; don't do anything
wrong to keep or win a friendship or gain approval; don't ask
a friend to do something wrong.
respect for others
Do: judge all people on their merits; be courteous and
polite, tolerant, appreciative and accepting of individual
differences; respect the right of individuals to make
decisions about their own lives. Don't: abuse, demean, or
mistreat anyone; don't use, manipulate, exploit or take
advantage of others.
responsibility
Accountability--Do: think before you act; consider the
consequences on all people affected; think for the long-term;
be reliable; be accountable; accept responsibility for the
consequences of your choices; set a good example for those
who look up to you. Don't: make excuses, blame others for
your mistakes or take credit for others achievements.
Excellence--Do: your best and keep trying; be diligent and
industrious. Don't: quit or give up easily.
Self-Restraint--Do: exercise self-restraint and be
disciplined.
Fairness
Do: treat all people fairly; be open-minded; listen to
others; try to understand what they are saying and feeling,
make decisions which affect others only after appropriate
considerations. Don't: take unfair advantage of other's
mistakes or take more than your fair share.
caring
Do: show you care about others through kindness, caring,
sharing and compassion, live by the Golden Rule and help
others. Don't: be selfish, mean, cruel or insensitive to
other's feelings.
citizenship
Do: play by the rules; obey laws; do your share; respect
authority; stay informed; vote; protect your neighbors; pay
your taxes; be charitable; help your community by
volunteering service; protect the environment; conserve
natural resources.
Mr. Chairman, the following are Members of the Character Counts
Coalition as of February 14, 1994:
American Association of Colleges of Nursing.
American Association of Community Colleges.
American Association of Retired Persons.
American Association of School Administrators.
American Federation of Teachers.
American Red Cross.
American Youth Soccer Organization (AYSO).
Assoc. for College & University Religious Affairs.
Babe Ruth League.
Big Brothers/Big Sisters of America.
Black Coaches Association.
Boys & Girls Clubs of America.
Boys Town.
Child Welfare League of America.
Council of the Great City Schools.
Covenant House.
Crossroads of North Carolina.
Family Service of America.
Fayetteville State University (NC).
4-H.
Girls Incorporated.
Goodwill Industries of America.
The Heartwood Institute (PA).
Little League Baseball.
Minnesota Center for Corporate Responsibility.
National Association of Basketball Coaches.
National Association of Catholic School Teachers.
National Association of Secondary School Principals.
National Association of State Boards of Education.
National Association of Student Councils.
National Catholic Educational Association.
National Council of LaKaza.
National Federation for Catholic Youth Ministry.
National Urban League.
Quest International.
San Francisco Giants.
United Neighborhood Centers of America.
United Way of America.
YMCA of the USA.
Young Men's & Young Women's Hebrew Ass'n. (92nd St., NYC).
Youth Volunteer Corps of America.
Again, I thank the chairman and ranking member and the Members of
this House for passing this amendment.
Mr. EMERSON. Mr. Chairman, will the gentleman yield?
Mr. SMITH of Michigan. I yield to the gentleman from Missouri.
(Mr. EMERSON asked and was given permission to revise and extend his
remarks.)
Mr. EMERSON. Mr. Chairman, I commend the gentleman from Michigan [Mr.
Smith] for offering the amendment, and I rise in support of it.
Mr. Chairman, I rise today in strong support of the amendment by my
good friend, Nick Smith of Michigan.
The Smith amendment is straightforward and simple, but its effects
could be far-reaching. This ``Sense of the Congress'' amendment will
suggest 10 principles to be taught to our Nation's children--honesty,
integrity, promise-keeping, loyalty, fairness, caring, respect,
citizenship, accountability and the pursuit of excellence.
Teaching the youth of our country reading, writing, and arithmetic is
fundamental to our Nation's future economic success. More fundamental,
however, is teaching our young people the difference between right and
wrong--teaching them the values of a civilized society.
It is no coincidence that Bill Bennett's Book of Virtues is on the
bestseller list. People from all ideological spectrums have praised the
book, saying that they have bought it themselves to read to their
children and grandchildren. The Smith ``Sense of Congress'' will
demonstrate that old-fashioned, commonsense values are vital components
of education.
John Locke wrote, ``Virtue is harder to be got than knowledge of the
world; and, if lost in a young man, is seldom recovered.''
The Smith amendment is a simple way for Congress to show school
districts, teachers, and parents that virtue is to be gotten and not
lost in each and every young person. I urge adoption of the Smith
amendment.
amendment offered by mr. romero-barcelo
Mr. ROMERO-BARCELO. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Romero-Barcelo:
Page 106, line 20 before ``the percentage'' insert ``the
greater of''.
Page 106, line 21, after ``sentence'' insert ``and 60
percent for fiscal year 1995, 70 percent for fiscal year
1996, 80 percent for fiscal year 1997. 90 percent for fiscal
year 1998, and 100 percent for fiscal year 1999 and
succeeding fiscal years''.
Page 123, line 15, after ``1.62'' insert ``for fiscal year
1995. 2.0 for fiscal year 1996, 2.33 for fiscal year 1997,
2.67 for fiscal year 1998, and 3.0 for fiscal year 1999 and
succeeding fiscal years''.
Mr. ROMERO-BARCELO (during the reading). Mr. Chairman, I ask
unanimous consent that the amendment be considered as read and printed
in the Record.
The CHAIRMAN pro tempore. is there objection to the request of the
gentleman from Puerto Rico?
There was no objection.
Mr. ROMERO-BARCELO. Mr. Chairman, the amendment I am offering today
is offered on behalf of the children of Puerto Rico. The law, the
Elementary and Secondary Education Act and the amendment establish
arbitrary caps for Puerto Rico which are perpetuating the second-class,
underfunded education system. The elementary and Secondary Education
Act funds have been traditionally capped for Puerto Rico. The Island
usually receives less than 50 percent of what it would get if parity
with the States in this program were to be extended to Puerto Rico.
I want to at this moment to recognize that during the past years the
prior chairman, Mr. Gus Hawkins, and the chairman, the gentleman from
Michigan [Mr. Ford], have been extremely concerned and have helped
Puerto Rico get funding for this program, but what has never been
explained to the people of Puerto Rico, and particularly its children,
to whom I would like to carry back an explanation, why it is that
United States citizens the children, are being discriminated against
and are not being given full funding for their education. The hundreds
of thousands of poor and the low-income students are now being deprived
significant resources that can make a crucial difference in their
learning experience.
Education is a key to our economic program, and the education of
children in Puerto Rico, with scarce resources, is hindered by the caps
contained in this bill.
We are talking precisely about the children who are primary targets
of programs such as Chapter 1 funds, and in Puerto Rico over 60 percent
of the school-aged population falls below the Federal poverty
guidelines. There is great need in my district, and my district is 6
times as large as the districts of any of my colleagues here.
So we are talking about the 60 percent of the children that fall
below the Federal poverty guidelines, and there is a great need to move
forward and catch up with the national educational standards. In order
to accomplish this, the American citizens of Puerto Rico must have
equal access to adequate resources.
We ask, Are the children of Puerto Rico U.S. citizens or not? Are
they citizens, these children who are grandchildren or great
grandchildren of men who gave up their lives defending their country,
who have seen their great grandparents or grandfathers who were maimed
or handicapped because they were involved in the defense of this Nation
and they are deprived of equal funding to improve their educational
standards?
Arbitrary caps like the one funded within the Elementary, Secondary
Education Act serve to widen the economic gap between mainland and
island citizens. Lack of adequate resources result in high dropout
rates, outdated schools and learning techniques, and juvenile
delinquency, and in many instances, as a measure of last resort,
families opt to migrate to the mainland in search of better educational
opportunities.
I met a redcap from Puerto Rico in Dallas, and he was telling me how
much he missed being back in Puerto Rico with his family. I said, ``Why
don't you go back to Puerto Rico?''
He said, ``I cannot until my children get educated. The opportunities
that they have here in Dallas in the public educational system are much
better than the ones in Puerto Rico.''
Of course, Dallas is much more handsomely funded by the Federal
Government than Puerto Rico. So that gap is being not only maintained,
it is being increased as the years go by.
{time} 1550
When I was a child, I learned that Robin Hood was a hero, that he
took away from the wealthy ones that oppressed the poor and took away
the crops from the poor, so he redistributed the wealth. But in Puerto
Rico, we have tax exemption for the wealthy, and you penalize the poor
because the wealthy are tax exempt. Then they say, well, you don't pay
taxes in Puerto Rico.
It is not because I don't want to. I don't have a vote. If I had a
vote, I would vote so that we would pay the taxes, those of us that can
pay, so that the poor, the handicapped, the children, would have equal
opportunities. You have the votes. The Members here have the votes. The
Senators have the votes. I don't have them.
Then they vote to give tax exemptions to the wealthy, to the great
corporations, the 936 corporations. And they say because they are tax
exempt, because you don't pay Federal taxes, then the children are not
allowed to have the same funding, people who are handicapped are not
allowed to have the same funding. And we are depriving our children of
equal educational opportunities.
The CHAIRMAN. The time of the gentleman from Puerto Rico has expired.
(By unanimous consent, Mr. Romero-Barcelo was allowed to proceed for
3 additional minutes.
Mr. ROMERO-BARCELO. Mr. Chairman, this year the U.S. Treasury expects
to collect close to $1 billion in corporate income taxes from
corporations in Puerto Rico. This money could be used to make whole the
children of Puerto Rico.
When I go back, I must tell the children, why is it that they, U.S.
citizens, are not treated the same? I would like an answer.
We have made calculations to see how much it would cost if Puerto
Rico were given parity with the States and treated by the same formula.
What it would cost would be 75 cents per child per month as an average
for all the States.
Now, 75 cents per child per month, I ask my colleagues here, is that
too much to give up? Seventy-five cents per child per month, so that
the most disadvantaged children in the Nation can be treated equally?
Congress must stop this blatant form of discrimination against
3,600,000 American citizens, with the poorest school districts and
lowest educational area in this Nation. The law itself that has been
passed that is being proposed here before us, the bill, the statement
of policy says the Congress declares it to be a policy of the United
States that a high quality education for all persons and a fair and
equal opportunity to obtain such education are a societal good, and so
on.
Now, are the children of Puerto Rico not part of the term ``all
persons?'' Are they not to be treated equally?
I think that it is about time that the Congress make an example and
put its money where its mouth is. If we are saying we are going to be
treating everyone equally, yet the children of Puerto Rico are being
treated unequally, I think that this discrimination, this injustice,
must end, and we must find a way to make the children of Puerto Rico
have the same opportunities that the children of the rest of the Nation
have.
Mr. GOODLING. Mr. Chairman, I rise in opposition to the amendment.
(Mr. GOODLING asked and was given permission to revise and extend his
remarks.)
Mr. GOODLING. Mr. Chairman, I think we have to put a few things in
order here. The first thing I probably should mention is that Puerto
Rico at the present time receives more chapter 1 money than 42 States.
I repeat, Puerto Rico receives more chapter 1 money than 42 States.
Puerto Rico also has one of the lowest per pupil expenditures for
elementary and secondary pupils. If you don't pay Federal income tax,
it seems to me there should be some additional money available to raise
that per pupil expenditure back home.
I remember when I first came here, we had an opportunity to get into
a debate on this because there were numerous States that had very low
per pupil expenditures, but they were always tilting the formula to
take care of those States who were not doing very much to take care of
themselves.
I gave a speech in one of the big States, the Lone Star State, some
years ago. And when I was finished, a group came up and said, ``You
have got to get more Federal dollars to us.'' I said, ``As soon as you
tax in Texas for education as we tax in Pennsylvania for education, I
will be very happy to listen to whatever it is you have in mind.''
What we must keep in mind is that Puerto Rico does receive more
chapter 1 money than 42 other States. If they were to get more now, it
would have to come from some of those 42 States who get less than
Puerto Rico presently gets. Again, as I indicated, having no Federal
income tax should give them an advantage in providing more money for
their local education.
Mr. ROMERO-BARCELO. Will the gentleman yield?
Mr. GOODLING. I yield to the gentleman from Puerto Rico.
Mr. ROMERO-BARCELO. The income taxes in Puerto Rico are higher than
the income taxes in any State, if you put the Federal and State income
taxes together. The problem is that Puerto Rico is poorer than any
other State, so we have less to collect from the citizens. But the
rates are higher than anywhere else in the Nation.
We are making an effort. But then in every single program that is of
significance, we are treated less. So there has to be much more of a
local effort also to try to put the money into that program.
The children don't pay taxes. It is not the children who should be
penalized. And we should not look at this in the terms of a State,
because some States have populations of 800,000, and they have a much
higher standard of living, and a lot of the children are not under the
Federal poverty level. So of course they are going to get less.
About 60 percent of the children in Puerto Rico are under the poverty
level. They are all U.S. citizens. If we are going to be treated
equally, we should look at it as a child, and not as a group in any of
the States. If we do that, we are not treating them equally.
Mr. GOODLING. Reclaiming my time, I would indicate the very first
thing we did in Pennsylvania is put on a 6-percent sales tax, which
goes directly to public education. That is the first thing we did.
The second thing I would say is, as I told you after the vote in
committee, the minute you get that statehood vote up to 51 percent the
other way, rather than the 48 percent, then I will be the first one
here to make sure you get the same treatment that every State gets.
Mr. KILDEE. Mr. Chairman, it is really with a very heavy heart that I
rise to oppose this amendment, both because of my great respect for
Governor Romero-Barcelo, and my great feelings for Puerto Rico. I look
forward to working with him to achieve his goal to have statehood for
Puerto Rico, and I know he supports that very strongly. I believe that
that would be the best solution to the problems existing in Puerto Rico
with regard to this program.
With statehood, of course, they would pay a Federal income tax and
have full voting rights. So I would say to the gentleman from Puerto
Rico, Mr. Romero-Barcelo, he could then not only speak here on the
floor, but he could vote on final passage of bills.
In the meantime, while seeking that full representation and full
rights of citizens to the people of Puerto Rico, I will pledge myself
to work with the Governor to try to get a bigger pie for title I, so
that the piece that Puerto Rico gets will be bigger. I also do not
preclude the possibility of working with him in the coming years before
the reauthorization of this bill to see whether we can find a better
way to treat more justly the children of Puerto Rico.
That is why it is with a heavy heart that I oppose this amendment. I
do not oppose the Governor, but I have a reality that I have to
recognize exists here. I will work with the gentleman to get more money
and work to see whether we can find a better formula before we
reauthorize this bill again.
Ms. VELAZQUEZ. Mr. Chairman, I rise today in support of the amendment
offered by Mr. Romero-Barcelo. This amendment accomplishes exactly what
the Chapter 1 Program sets out to do, it provides educational funds to
the poorest districts with the neediest children.
Puerto Rican children are born American citizens. Yet, they suffer
lower poverty and malnutrition rates than any other children in the
mainland. The public education system in Puerto Rico is in desperate
need to chapter 1 funds. There are not enough funds to supply Puerto
Rican children with the type of education that they need to excel in
this harsh and competitive world.
Puerto Rican children deserve the same educational opportunities as
children in the mainland. They deserve the opportunity to learn. After
all, they are American citizens. I urge you to support the Romero-
Barcelo amendment.
The CHAIRMAN pro tempore (Mr. Darden). The question is on the
amendment offered by the gentleman from Puerto Rico [Mr. Romero-
Barcelo].
The question was taken; and the Chairman announced that the ``noes''
appeared to have it.
recorded vote
Mr. ROMERO-BARCELO. Mr. Chair- man, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 70,
noes 358, not voting 10, as follows:
[Roll No. 35]
AYES--70
Abercrombie
Ackerman
Andrews (ME)
Becerra
Bishop
Clay
Clayton
Clyburn
Conyers
Danner
de Lugo (VI)
Dellums
Deutsch
Diaz-Balart
Engel
Faleomavaega (AS)
Fields (LA)
Filner
Flake
Foglietta
Gonzalez
Green
Gutierrez
Hamburg
Hilliard
Hoyer
Jefferson
Johnson, E. B.
Kennedy
Kopetski
Lewis (GA)
Martinez
McKinney
Meek
Menendez
Mfume
Mink
Murphy
Nadler
Norton (DC)
Obey
Olver
Ortiz
Owens
Pallone
Pastor
Pelosi
Rangel
Reynolds
Richardson
Romero-Barcelo (PR)
Ros-Lehtinen
Roybal-Allard
Schumer
Scott
Serrano
Smith (IA)
Tejeda
Thompson
Torres
Towns
Tucker
Underwood (GU)
Velazquez
Vento
Waters
Watt
Waxman
Woolsey
Wynn
NOES--358
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
Beilenson
Bentley
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Blackwell
Bliley
Blute
Boehlert
Boehner
Bonilla
Bonior
Borski
Boucher
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Bunning
Burton
Buyer
Byrne
Callahan
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clement
Clinger
Coble
Coleman
Collins (GA)
Collins (MI)
Combest
Condit
Cooper
Coppersmith
Costello
Cox
Coyne
Cramer
Crane
Crapo
Cunningham
Darden
Deal
DeFazio
DeLauro
DeLay
Derrick
Dickey
Dicks
Dingell
Dixon
Dooley
Doolittle
Dornan
Dreier
Duncan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
English
Eshoo
Evans
Everett
Ewing
Farr
Fawell
Fazio
Fields (TX)
Fingerhut
Fish
Ford (MI)
Ford (TN)
Fowler
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gekas
Gephardt
Geren
Gibbons
Gilchrest
Gillmor
Gilman
Gingrich
Glickman
Goodlatte
Goodling
Gordon
Goss
Grams
Grandy
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Hancock
Hansen
Harman
Hastert
Hayes
Hefley
Hefner
Herger
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Hoke
Holden
Horn
Houghton
Huffington
Hughes
Hunter
Hutchinson
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Johnson (CT)
Johnson (GA)
Johnson (SD)
Johnson, Sam
Johnston
Kanjorski
Kaptur
Kasich
Kennelly
Kildee
Kim
King
Kingston
Kleczka
Klein
Klink
Klug
Knollenberg
Kolbe
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Lehman
Levin
Levy
Lewis (CA)
Lewis (FL)
Lightfoot
Linder
Lipinski
Livingston
Lloyd
Long
Lowey
Machtley
Maloney
Mann
Manton
Manzullo
Margolies-Mezvinsky
Markey
Matsui
Mazzoli
McCandless
McCloskey
McCollum
McCrery
McCurdy
McDermott
McHale
McHugh
McInnis
McKeon
McMillan
McNulty
Meehan
Meyers
Mica
Michel
Miller (CA)
Miller (FL)
Mineta
Minge
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Myers
Natcher
Neal (MA)
Neal (NC)
Nussle
Oberstar
Orton
Oxley
Packard
Parker
Paxon
Payne (NJ)
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
Ridge
Roberts
Roemer
Rogers
Rohrabacher
Rose
Rostenkowski
Roth
Roukema
Rowland
Royce
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schroeder
Sensenbrenner
Sharp
Shaw
Shays
Shepherd
Shuster
Sisisky
Skaggs
Skeen
Skelton
Slattery
Slaughter
Smith (MI)
Smith (NJ)
Smith (OR)
Smith (TX)
Snowe
Solomon
Spence
Spratt
Stark
Stearns
Stenholm
Stokes
Strickland
Studds
Stump
Stupak
Sundquist
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Taylor (NC)
Thomas (CA)
Thomas (WY)
Thornton
Thurman
Torkildsen
Torricelli
Traficant
Unsoeld
Upton
Valentine
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Weldon
Wheat
Williams
Wilson
Wolf
Wyden
Yates
Young (AK)
Young (FL)
Zeliff
Zimmer
NOT VOTING--10
Andrews (TX)
Collins (IL)
de la Garza
Gallo
Hastings
McDade
Schiff
Washington
Whitten
Wise
{time} 1626
Messrs. DEUTSCH, FOGLIETTA, GONZALEZ, OLVER, and PALLONE changed
their vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Mr. COLEMAN. Mr. Chairman. I rise in support of H.R. 6, as amended,
which reauthorizes the Elementary and Secondary Education Act to spell
out the Federal Government's commitment and contribution to America's
schools.
Unfortunately, the significance of H.R. 6 was initially lost in the
debate over whether it imposed certification requirements no one wanted
to impose on private and home schools. I am grateful to the committee
for their bipartisan amendment deleting the provision which caused the
confusion and making it absolutely clear that nothing in this act is to
be construed to apply to home schools.
I have also reluctantly supported the Armey amendment, even though
Mr. Armey admitted on the floor that his amendment is a redundant
statement of protections that are already provided to private schools
by permanent education law. I say for the Record, though, that I will
hold my esteemed colleague on the other side of the aisle to his word
that the language of this amendment will be modified so that it does
not hurt the parochial schools, especially the Catholic schools, in my
district. As it is now, my understanding is that Mr. Armey's amendment
is an incomplete restatement of the protections provided to parochial
schools by permanent law and that by making an incomplete restatement
of those permanent protections, we might inadvertently be opening those
schools to lawsuits. I understand that Mr. Armey redrafted his
amendment several times while we debated it on the floor in an area of
law that has a long and complicated history in our courts. I vote for
the amendment reluctantly in order to end this issue at least
temporarily, are in hopes to avoid any unanticipated and harmful
effects on the parochial schools in my district.
With this issue resolved, I think it is important to recognize what
H.R. 6 will do. H.R. 6 changes the funding formula for the largest
Federal education funding program, the chapter 1 program, in a way
which will target more funds towards high-poverty areas such as my
district of El Paso, TX. It will also restructure the chapter 1 program
to help disadvantaged kids achieve the high levels of performance that
we expect from all students, instead of assuming that just because they
are poor they need remedial help with low-level skills. In this way,
the Federal Government can, for once, complement the efforts that my
school districts are making to challenge kids, instead of undermining
them.
That is the underlying object of all of the initiatives in H.R. 6--to
adjust Federal programs so that they fit in with the efforts that
States and local school districts are already making to reform
education. This includes provisions to give more flexibility to schools
and school districts by waiving various regulations if they are
impeding education reform efforts by those schools.
Of the many amendments being offered to H.R. 6, I want to
specifically note my adamant opposition to three: the Rohrabacher
amendments and the Roth amendment. The Rohrabacher amendments would
impose a massive unfunded Federal mandate on State and local
governments. The first amendment would require school districts to
train educators as Immigration and Naturalization Service [INS]
officials so they can identify undocumented students. The second
amendment would deny the use of Federal funds to educate these students
even though the Supreme Court has ruled that the school districts have
an obligation to provide an education to all students, including the
undocumented.
I unequivocally oppose these amendments because I do not think that
educators should have to take time away from their primary task,
education, to hold due process hearings. Furthermore, funding for
immigration control and for the education of undocumented students is
clearly a Federal responsibility, since State and local governments can
do nothing to control undocumented immigration.
The Roth amendment would eliminate Federal funding for bilingual
education services for students, an extremely short-sighted idea.
Children who speak a language other than English make up the fastest
growing segment of the K through 12 population. Experts have found that
the best way to help these children make a smooth transition into our
society and into an all-English classroom is to allow them to develop
skills in basic areas like math, reading, and writing through
instruction in their native language, while simultaneously learning
English. This method lets children keep up with their schoolmates in
those basic skills, preserves their self-esteem, and allows them to
grow up with the advantage of proficiency in two languages. The
programs work, and to cut off funds and try to deny reality by claiming
that we do not face a need to educate students who do not speak English
would be plain wrong.
For those reasons, I urge my colleagues to defeat the Rohrabacher and
Roth amendments, and to pass H.R. 6, the Improving America's Schools
Act.
Ms. LONG. Mr. Chairman, Congressman Myers and I had intended to offer
an amendment regarding Buddy System Computer Education to expand a
successful education program to three States to determine if there is
merit in funding such a program on a nationwide basis. After working
with Chairman Ford of the full committee, Chairman Kildee of the
subcommittee, and Congress Goodling, the ranking minority member of the
full subcommittee, the Buddy System amendment has been incorporated in
the committee en bloc amendment.
Specifically, the amendment authorizes the development, demonstration
and evaluation of the Buddy System Computer Education grant program in
each of three States having demonstrated ability or commitment to
computer-based technology education. The program will be established
for students in 6th through 8th grades where computers will be placed
and linked in students' classrooms and homes.
The amendment is similar to a bill that Congressmen Myers and I
introduced in the House--both this Congress and during the last
Congress--and that Senator Coats introduced in the Senate. In 1992, the
House passed the bill as part of a larger education measure, but
Congress adjourned before the Senate was able to act on the measure.
The program--which is modeled after the Buddy System in Indiana--has
shown tremendous success in improving students' academic achievements
in the schools that participate. With computers in their homes,
students take a greater interest in their homework, spend less time
watching television, and improve their computer skills in the process.
The results have been nothing short of amazing.
Having a computer in the home also increases parents' participation
and involvement in their children's assignments. Parents and siblings
of Buddy participants use the computer as well--for school work,
business, or household finances--and improve their own computer skills.
Mr. Myers and I have been enthusiastic supporters of this unique and
innovative program for many years. We have visited Buddy sites in our
congressional districts in Indiana and have been impressed by the
knowledge and skills which the students have demonstrated during school
visits.
Mr. Chairman, when I was in school the United States was in a race
with the Soviet Union to put someone on the Moon, and the emphasis in
education was on science and math. Things have changed. Today our race
is on the information superhighway and we must also emphasize computer
skills. For our country to win this race, we have to have a well-
educated, computer-literate population.
I also note, for the Record, that the action today follows a similar
action taken, last week, in which another amendment which I drafted was
incorporated into the bill to add Buddy System-like programs to a list
of innovative educational programs from which the U.S. Secretary of
Education may choose to fund. Specifically, the Long amendment allows
the Secretary of Education to fund the development and expansion of
public-private partnership programs which extend the learning
experience, via computers, beyond the classroom environment into
student homes.
Finally, I extend my sincere appreciation for all the hard work that
went into this amendment and to having it included in the committee
proposal. Specifically, I appreciate the involvement of Chairman Ford,
Chairman Kildee, the ranking minority member, Mr. Goodling, and their
staffs--Jack Jennings, Susan Wilhelm and Tom Kelley, and Vic Klatt--
respectively. The time and attention that these Members and their
staffs devoted to the Buddy System amendment will be long-remembered by
the teachers, parents, and school students that will benefit from the
Buddy System.
commemorating the birthday of the honorable robert h. michel
Mr. KILDEE. Mr. Chairman, I move to strike the last word. Mr.
Chairman, I yield to the gentleman from Pennsylvania [Mr. Goodling].
(By unanimous consent, Mr. Goodling was allowed to speak out of
order.)
Mr. GOODLING. Mr. Chairman, I thank the gentleman for yielding. I
just merely wanted to say that one of the finest gentlemen in the
Congress happens to have a birthday. You can call him ``Michelle,'' you
can call him ``Michael,'' you can call him ``Mr. Tough Man,'' because
he is tougher than an automobile.
But we should wish a happy birthday to our minority leader, the
gentleman from Illinois [Mr. Michel].
Mr. FORD of Michigan. Mr. Chairman, I move that the Committee do now
rise.
The motion was agreed to.
Accordingly, the Committee rose, and the Speaker pro tempore (Mr.
Hoyer) having assumed the chair, Mr. Darden, Chairman pro tempore of
the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under considerable the bill (H.R. 6) to
extend for 6 years the authorizations of appropriations for the
programs under the Elementary and Secondary Education Act of 1965, and
for certain other purposes, had come to no resolution thereon.
____________________