[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.

                          ____________________