[Congressional Record Volume 140, Number 32 (Monday, March 21, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
[Congressional Record: March 21, 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.
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in the committee of the whole
Accordingly, the House resolved itself into the Committee of 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. Price
of North Carolina in the chair.
The Clerk read the title of the bill.
The CHAIRMAN. When the Committee of the Whole rose on Wednesday,
March 9, 1994, title V of the proposed Elementary and Secondary
Education Act had been designated and is now open for amendment.
Mr. GOODLING. Mr. Chairman, I move to strike the last word.
(Mr. GOODLING asked and was given permission to revise and extend his
remarks.)
Mr. GOODLING. Mr. Chairman, I take this time to indicate to all of my
colleagues that H.R. 6 is to extend for 5 years the authorization of
appropriations for the programs under the Elementary and Secondary
Education Act of 1965. That is the purpose of the Elementary and
Secondary Education Act. I repeat that just so we do not get into the
business of trying to reform all the school districts out there the way
we think they would be reformed.
As I said, each time when we start this discussion it is just as
wrong from my side of the aisle as from the other side of the aisle to
micromanage school districts unless we are sending all the funds.
The CHAIRMAN. Are there amendments to title V?
amendment offered by mr. miller of florida
Mr. MILLER of Florida. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Miller of Florida: Beginning on
page 456, strike line 5 and all that follows through line 15
on page 458 (and redesignate the subsequent parts
accordingly).
(Mr. MILLER of Florida asked and was given permission to revise and
extend his remarks.)
Mr. MILLER of Florida. Mr. Chairman, the gentleman from Ohio [Mr.
Boehner] and I have been offering a series of amendments to cut some
spending in this particular H.R. 6 bill.
Mr. Chairman, as we continue debate on H.R. 6, Mr. Boehner and I have
focused on trying to bring some semblance of fiscal sanity to this
Chamber, and to maintain some minimum level of autonomy for State and
local officials to make the education decisions best suited for their
unique circumstances.
And, here we go again. The technical assistance for funding
equalization is another small, new spending program totaling $8 million
for fiscal year 1995, intended to promote funding equalization on the
State level. This spending is unnecessary. Not one cent of this $8
million will ever reach a student. It will only go to feed the
education bureaucracy.
This program is based on the questionable assumption that equality of
resources is somehow the key to solving our education problems in
America. If pouring more money into education funding was the key to
solving all our problems, we would not be debating this issue today.
Unlike some Members of this body, I do not believe that Federal
spending, per se, is the magical solution to improved education. As a
nation, we are already spending more on the education of our children
than our competitors with too few results to show for it.
We simply cannot afford to keep spending money we don't have.
Also, there is a presumption here that the States somehow need the
Federal Government to teach them what is in their best interests. State
and local education officials, and more importantly parents, disagree.
They do not want important questions, such as funding equalization,
determined by politicians and bureaucrats in Washington. In truth,
nearly half of the States have already developed funding equity
solutions without federal micromanaging. This program gets the Federal
Government involved in an issue it has no business being involved in.
Before we attempt to get more involved in an issue that I believe is
best left to States and parents, let's get our own fiscal house in
order. We can start by passing the Boehner amendment, and eliminating
another poorly thoughtout program from H.R. 6.
Mr. KILDEE. Mr. Chairman, will the gentleman yield?
Mr. MILLER of Florida. I yield to the gentleman from Michigan.
Mr. KILDEE. I thank the gentleman for yielding.
Mr. Chairman, we have read the amendment offered by the gentleman
from Florida, and we accept his amendment.
Mr. BOEHNER. Mr. Chairman, I rise today to offer an amendment to
eliminate an $8 million program which would give technical assistance
to States and school districts so they can try to equalize their
funding.
Let us look closely at what this program does. It provides for
centers, conferences, and expert advice on finance equalization,
research and analysis of school funding equity, and the development and
dissemination of school finance models.
I must ask, should this be a Federal priority at all? Nearly half of
the States have already undergone funding equity challenges and have
been able to craft their own solutions without Federal help. This
program is another Federal venture into an area better left to the
States and is unneeded.
In addition, with this program, we are again looking at a situation
where we are disrupting our focus and getting away from programs which
would actually have an impact on the vast majority of American
children. Let me ask, are we willing to take money away from title I to
pay the bureaucrats called for in this program? Are we willing to take
money away from chapter 2 or professional development? Do we really
need to spend our resources on this program? Do we really want to say
this is a Federal priority? The honest answer to these questions is
``no.''
I have argued throughout the consideration of this bill that we
cannot have small targeted programs interfering with larger programs
aimed at broad national educational concerns. This program is a small,
targeted program and should be eliminated.
On a final note, I cannot help but think that the better way to help
schools have adequate funding is to funnel this money directly to the
students, instead of wasting it on bureaucrats.
I urge adoption of this amendment.
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Florida [Mr. Miller].
The amendment was agreed to.
Amendment Offered by Mrs. Mink of Hawaii
Mrs. MINK of Hawaii. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mrs. Mink of Hawaii: Page 458, after
line 10, insert the following:
SEC 5202. STATISTICAL AND POLICY ANALYSIS.
``(a) National Center For Education Statistics.--The
National Center for Education Statistics (established under
section 403 of the Improving America's Schools Act of 1994)
using standard statistical methods, shall conduct analysis of
issues such as--
``(1) Federal policy issues regarding educational access
and equity;
``(2) spending inequities at the State and local levels and
alternative mechanisms for financing:
``(3) the ability and willingness of States and local
educational agencies to generate new revenue sources for
education;
``(4) the effect of Federal education assistance on the
equalization of education funding at the State and local
levels;
``(5) the effects of school finance equalization on the
quality of education;
``(6) the costs in providing education to students with
special needs;
``(7) the effects of high and low population density on
education needs and costs;
``(8) the effects of different teacher compensation
policies on costs of providing education services;
``(9) relationships among expenditures, the quality and
quantity of instruction, and the different backgrounds of
students; and
``(10) how legislation and judicial decisions regarding
school finance programs affect education and equalization of
funding.
``(b) Data and Information.--In addition to the issues
reviewed in subsection (a), the National Center for Education
Statistics may utilize data and information which includes--
``(1) sources of revenue and types of taxes;
``(2) tax assessment rates and ability of the State or
local educational agency to generate additional revenues;
``(3) the cost of providing services to students with
different abilities and needs; and
``(4) student enrollment, per pupil expenditures, and
average daily attendance figures.
SEC. 5203. STUDY OF EDUCATIONAL EQUITY.
``(a) Study.--The Secretary shall enter into appropriate
arrangements with the National Academy of Sciences to conduct
an indepth study of school finance. The study by the National
Academy of Sciences shall include the following:
``(1) Review Federal policy issues regarding educational
access and equity with respect to fiscal and educational
resources.
``(2) Review existing State and local systems and evaluate
alternative mechanisms for school financing programs with
regard to equity and adequacy.
``(3) Review the legal and constitutional context of school
finance and equalization programs.
``(4) Evaluate the costs of providing education to students
with special needs.
``(5) Evaluate the costs entailed in providing education
that promotes the student outcomes called for in the National
Education Goals.
``(6) Review the relationships between resources,
instruction and children's learning needs, explore a variety
of indicators of need, how to measure need, and how to link
need to expenditure, and develop illustrative indicators of
student achievement and other desired outcomes that might
clarify the relationship between education expenditures, the
quality and quantity of instruction and resources available,
and the background characteristics of students.
``(7) Propose funding models for States and local
educational agencies to consider and explicate the conceptual
framework of each approach with regard to tax policy, equity,
compensatory aid to populations with special needs, and a
performance-oriented education policy.
``(b) Interim Report.--(1) The National Academy of Sciences
shall prepare and submit to the Secretary and the Congress an
interim report not later than 24 months after the procurement
is made and a final report not later than 36 months after the
date of procurement. The interim report shall--
``(A) review the data collection design prepared by the
Secretary and any preliminary data on the current state of
education finance; and
``(B) communicate appropriate findings to date.
``(2) The final report shall--
``(A) provide a comprehensive analysis of education finance
structures and the legal context of school finance;
``(B) provide guidance on the resources that will be needed
at the school district, and State level to implement reform
plans and meet the National Education Goals;
``(C) bring together the best thinking on equity and
adequacy as philosophical underpinnings of education finance
systems; and
``(D) propose and explicate a variety of funding models.''
--Page 458, strike lines 11 through 15 and insert the
following:
``SEC 5205. AUTHORIZATION OF APPROPRIATIONS.
``(a) Technical Assistance.--For the purpose of carrying
out sections 5201 and 5202, there are authorized to be
appropriated $8,000,000 for fiscal year 1995 and such sums as
may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(b) National Academy of Sciences.--For the purpose of
carrying out section 5203, there are authorized to be
appropriated $3,865,000 to be available until expended.
Mrs. MINK of Hawaii (during the reading). Mr. Chairman, I ask
unanimous consent that the amendment be considered as read and printed
in the Record.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Hawaii?
There was no objection.
Mrs. MINK of Hawaii. Mr. Chairman, the amendment I offer seeks to
provide detailed and accurate information on the status of education
financing across the country. It authorizes the National Center for
Educational Statistics to collect and analyze data on school finances
and requires the National Academy of Sciences to conduct an in-depth
study on school finance issues.
Ensuring that all students have equal educational opportunities has
always been a Federal priority and one of the greatest barriers to
equity for many students is inadequate financing at a local level.
Currently, there are 34 States that have or are currently facing a
legal challenge to their education financing system on the grounds that
it is inequitable. As of November 1993, the financing system of 12
States have been ruled unconstitutional by a State supreme court. While
the Federal Government has nothing to do with State school financing,
it can play a significant role by assisting the States in developing
adequate financing systems through data collection, analysis, and model
development. Furthermore, many States are already moving toward
equalizing education funding across school districts, as mandated by a
court as part of systemwide school reform. However, this is not an easy
task. States have been confronted with a host of legal, financial, and
ethical issues.
As States continue to grapple with these issues, the Federal
Government can help by giving us a better idea of what the stages have
been doing, what success has been arrived at, and how that has resulted
comparability of educational services for all children.
The National Center for Educational Statistics and the National
Academy of Sciences are both well-respected institutions with the
expertise and capability of collecting the necessary data, analyzing
it, and putting forth a comprehensive study.
I urge my colleagues to support this amendment to provide us with the
data information and analysis and a comprehensive examination of the
school finance issues which will be of enormous help to the States that
have these problems.
Mr. GOODLING. Mr. Chairman, I move to strike the last word, and I
rise in opposition to the amendment.
I hate to rise in opposition to the amendment of my dear friend, the
gentlewoman from Hawaii [Mrs. Mink], but I do have some real concerns.
I would hope the chairman would have hearings on this issue before we
make this kind of an investment.
There are some concerns which I have, with this amendment. For
instance, the proposal really goes beyond research because we are
asking them to make recommendations which could be setting policies in
a way that represents a new and unwarranted Federal intrusion into the
very heart of State and local control of education; that is, taxing and
funding decisions.
{time} 1440
The actions required by the amendment may be the foundation
activities for involving the Federal Government in creating funding
equity across the States, so I would hope that we could delay this and
have hearings on the whole issue, and perhaps come back and not include
it in this reauthorization.
Mr. BOEHNER. Mr. Chairman, I rise in opposition to the amendment
offered by the gentlewoman from Hawaii [Mrs. Mink].
Mr. Chairman, this amendment offered by the gentlewoman from Hawaii
adds a new part to the technical assistance for funding equity section
for title V that will involve the National Center for Educational
Statistics in collecting and analyzing data on this issue, and it
creates a major study for funding of equity concerns, and I know the
gentlewoman is sincere in offering this amendment, and she believes
this data will help school districts and States around our country, but
I have grave concerns that it is another mandate in this bill that
takes away the focus of this bill and, more importantly, over 22 or 23
States have already dealt with the issue of funding equity. I believe
that the States are the right place to continue this problem in our
education system, and there is no role for the Federal Government to
play in it.
Mr. KILDEE. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I think the gentlewoman from Hawaii [Mrs. Mink] has
brought to us an area of very great interest to all of us, something
that we have expressed interest in for the last few authorizations, and
I would like to do this:
I would like to have a hearing on this issue itself, and, if the
gentlewoman, and I have talked to her, would be willing to withdraw
this amendment, we would have hearings just on this one subject.
Mrs. MINK of Hawaii. Mr. Chairman, will the gentleman yield?
Mr. KILDEE. I yield to the gentlewoman from Hawaii.
Mrs. MINK of Hawaii. Mr. Chairman, this is a matter not of concern
necessarily to the Congress, but certainly to the 30-plus States that
are in a situation of having their financial systems contested by local
communities, and so it is a vital issue, and the Congress has addressed
it on several occasions. But I understand the other side indicating
that perhaps it would be meritorious to have hearings, and with the
assurance of the chairman of our subcommittee that hearings will be
called shortly, Mr. Chairman, I will agree to withdrawing my amendment.
Mr. Chairman, I ask unanimous consent to withdraw my amendment.
The CHAIRMAN. Is there objection to the request of the gentlewoman
from Hawaii?
There was no objection.
The CHAIRMAN. The amendment is withdrawn.
Are there further amendments to this title?
If not, the Clerk will designate title VI.
The text of title VI is as follows:
``TITLE VI--INDIAN EDUCATION
``SEC. 6001. FINDINGS.
``The Congress finds that--
``(1) the Federal Government has a special responsibility
to ensure that educational programs for all American Indian
and Alaska Native children and adults--
``(A) are based on high-quality, internationally
competitive content and student performance standards and
build on Indian culture and the Indian community;
``(B) assist local educational agencies, Indian tribes, and
others in providing Indian students the opportunity to
achieve those standards; and
``(C) meet the special educational and culturally related
academic needs of American Indian and Alaska Native students;
``(2) since enactment of the original Indian Education Act
in 1972, Indian parents have become significantly more
involved in the planning, development, and implementation of
educational programs that affect them and their children, and
schools should continue to foster such involvement;
``(3) although the numbers of Indian teachers,
administrators, and university professors have increased
since 1972, teacher training programs are not recruiting,
training, or retraining sufficient numbers of Indian persons
as educators to meet the needs of a growing Indian student
population in elementary, secondary, vocational, adult, and
higher education;
``(4) the dropout rate for Indian students is unacceptably
high; for example, nine percent of Indian students who were
eighth graders in 1988 had already dropped out of school by
1990;
``(5) from 1980 to 1990, the percentage of Indian persons
living in poverty increased from 24 percent to 31 percent,
and the readiness of Indian children to learn is hampered by
the high incidence of poverty, unemployment, and health
problems among Indian children and families; and
``(6) research related specifically to the education of
Indian children and adults is very limited, and much of it is
poor in quality or focused on limited local or regional
issues.
``SEC. 6002. PURPOSE.
``(a) Purpose.--It is the purpose of this title to support
the efforts of local educational agencies, Indian tribes and
organizations, postsecondary institutions, and other entities
to meet the special educational and culturally related
academic needs of American Indians and Alaska Natives, so
that they can achieve to the same challenging State
performance standards expected of all students.
``(b) Programs Authorized.--This title carries out the
purpose described in subsection (a) by authorizing programs
of direct assistance for--
``(1) meeting the special educational and culturally
related academic needs of American Indians and Alaska
Natives;
``(2) the education of Indian children and adults;
``(3) the training of Indian persons as educators and
counselors, and in other professions serving Indian people;
and
``(4) research, evaluation, data collection, and technical
assistance.
``PART A--FORMULA GRANTS TO LOCAL EDUCATIONAL AGENCIES
``SEC. 6101. PURPOSE.
``It is the purpose of this part to support local
educational agencies in their efforts to reform elementary
and secondary school programs that serve Indian students in
order to ensure that such programs--
``(1) are based on challenging State content and student
performance standards that are used for all students; and
``(2) are designed to assist Indian students meet those
standards and assist the Nation in reaching the National
Education Goals.
``SEC. 6102. GRANTS TO LOCAL EDUCATIONAL AGENCIES.
``A local educational agency is eligible for a grant under
this part for any fiscal year if the number of Indian
children who were enrolled in the schools of the agency, and
to whom the agency provided free public education, during the
preceding fiscal year--
``(1) was at least 20; or
``(2) constituted not less than 25 percent of the agency's
total enrollment.
``SEC. 6103. AMOUNT OF GRANTS.
``(a) Amount of Grants.--(1) The Secretary is authorized to
allocate to each local educational agency which has an
approved application under this part an amount equal to the
product of--
``(A) the number of Indian children described in section
6106; and
``(B) the greater of--
``(i) the average per-pupil expenditure of the State in
which the agency is located; or
``(ii) 80 percent of the average per-pupil expenditure in
the United States.
``(2) The Secretary shall reduce the amount of each
allocation determined under paragraph (1) in accordance with
subsection (e) of this section.
``(b) Minimum Grant Amount.--The Secretary shall not make a
grant to a local educational agency if the amount determined
under subsection (a) is less than $4,000, except that the
Secretary may make a grant to a consortium of local
educational agencies, one or more of which does not qualify
for such a minimum award, if--
``(1) the total amount so determined for such agencies is
not less than $4,000;
``(2) such agencies, in the aggregate, meet the eligibility
requirement of either section 6102(1) or 6102(2); and
``(3) the Secretary determines that such a grant would be
effectively used to carry out the purpose of this part.
``(c) Definition.--For the purpose of this section, the
average per-pupil expenditure of a State is determined by
dividing--
``(1) the aggregate current expenditures of all the local
educational agencies in the State, plus any direct current
expenditures by the State for the operation of such agencies,
without regard to the sources of funds from which such local
or State expenditures were made, during the second fiscal
year preceding the fiscal year for which the computation is
made; by
``(2) the aggregate number of children who were in average
daily attendance for whom such agencies provided free public
education during such preceding fiscal year.
``(d) Schools Operated or Supported by the Bureau of Indian
Affairs.--(1) In addition to the grants determined under
subsection (a), the Secretary shall allocate to the Secretary
of the Interior an amount equal to the product of--
``(A) the total number of Indian children enrolled in
schools that are operated by--
``(i) the Bureau of Indian Affairs; or
``(ii) an Indian tribe, or an organization controlled or
sanctioned by an Indian tribal government, for the children
of that tribe under a contract with, or grant from, the
Department of the Interior under the Indian Self-
Determination Act (25 U.S.C. 450f et seq.) or the Tribally
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.); and
``(B) the greater of--
``(i) the average per-pupil expenditure of the State in
which the school is located; or
``(ii) 80 percent of the average per-pupil expenditure in
the United States.
``(2) The Secretary shall transfer the amount determined
under paragraph (1), reduced as may be necessary under
subsection (e), to the Secretary of the Interior in
accordance with, and subject to, section 9205 of this Act.
``(e) Ratable Reductions.--If the sums appropriated for any
fiscal year under section 6602(a) are insufficient to pay in
full the amounts determined for local educational agencies
under subsection (a)(1) and for the Secretary of the Interior
under subsection (d), each of those amounts shall be ratably
reduced.
``SEC. 6104. APPLICATIONS.
``(a) General.--Any local educational agency that desires
to receive a grant under this part shall submit an
application to the Secretary at such time, in such manner,
and containing such information as the Secretary may
reasonably require.
``(b) Comprehensive Program Required.--Each such
application shall include a comprehensive program for meeting
the needs of Indian children in the local educational agency,
including their language and cultural needs, that--
``(1) provides programs and activities to meet the
culturally related academic needs of American Indian and
Alaska Native students,
``(2)(A) is consistent with, and promotes the goals in, the
State and local plans, either approved or being developed,
under title III of the Goals 2000: Educate America Act or, if
such plans are not approved or being developed, with the
State and local plans under sections 1111 and 1112 of this
Act; and
``(B) includes academic content and student performance
goals for such children, and benchmarks for attaining them,
that are based on the challenging State standards adopted
under title III of the Goals 2000: Educate America Act or
under title I of this Act for all children;
``(3) explains how Federal, State, and local programs,
especially under title I of this Act, will meet the needs of
such students;
``(4) demonstrates how funds under this part will be used
for activities authorized by section 6105;
``(5) describes the professional development to be
provided, as needed, to ensure that--
``(A) teachers and other school professionals who are new
to the Indian community are prepared to work with Indian
children; and
``(B) all teachers who will be involved in the project have
been properly trained to carry it out; and
``(6) describes how the agency--
``(A) will periodically assess the progress of all Indian
children in its schools, including Indian children who do not
participate in programs under this part, in meeting the goals
described in paragraph (2);
``(B) will provide the results of that assessment to the
parent committee described in subsection (c)(6) and to the
community served by the agency; and
``(C) is responding to findings of any previous such
assessments.
``(c) Assurances.--Each such application shall also include
assurances that--
``(1) the local educational agency will use funds received
under this part only to supplement the level of funds that,
in the absence of such Federal funds, the agency would make
available for the education of Indian children, and not to
supplant such funds;
``(2) the local educational agency will submit such reports
to the Secretary, in such form and containing such
information, as the Secretary may require to--
``(A) carry out the Secretary's functions under this part;
and
``(B) determine the extent to which funds provided under
this part have been effective in improving the educational
achievement of Indian students in the local educational
agency;
``(3) the program for which assistance is sought has been
based upon a local assessment and prioritization of the
special educational and culturally related academic needs of
the American Indian and Alaska Native students for which the
local educational agency is providing an education;
``(4) the program for which assistance is sought will use
the best available talents and resources, including persons
from the Indian community;
``(5) the local educational agency has developed the
program in open consultation with parents of Indian children,
teachers, and, where appropriate, secondary school Indian
students, including holding public hearings at which such
persons have had a full opportunity to understand the program
and to offer recommendations regarding such program;
``(6) the local educational agency has developed the
program with the participation and written approval of a
committee--
``(A) that is composed of, and selected by, parents of
Indian children in the local educational agency's schools,
teachers, and, where appropriate, secondary school Indian
students and of which at least half the members are such
parent;
``(B) that sets forth such policies and procedures,
including policies and procedures relating to the hiring of
personnel, as will ensure that the program for which
assistance is sought will be operated and evaluated in
consultation with, and with the involvement of, parents of
the children and representatives of the area to be served;
and
``(C) that, in the case of an application which includes a
schoolwide project (as specified in section 6105(c) of this
part) finds that such project will not diminish the
availability of culturally related activities for American
Indians and Alaskan Native students; and
``(D) that adopts and abides by reasonable bylaws for the
conduct of the activities of the committee.
``(d) State Educational Agency Review.--(1) Before
submitting its application to the Secretary, the local
educational agency shall obtain comments on the application
from the State educational agency.
``(2) The local educational agency shall send the State
educational agency's comments to the Secretary with its
application.
``SEC. 6105. AUTHORIZED SERVICES AND ACTIVITIES.
``(a) General Requirements.--Each local educational agency
that receives a grant under this part shall use the grant
funds for services and activities, consistent with the
purpose of this part, that--
``(1) are designed to carry out its comprehensive plan for
Indian students, described in its application under section
6104(b);
``(2) are designed with special regard for the language and
cultural needs of those students; and
``(3) supplement and enrich the regular school program.
``(b) Particular Activities.--Such services and activities
include--
``(1) culturally related activities which support the
program set out in the application, as required in section
6104;
``(2) early childhood and family programs that emphasize
school readiness;
``(3) enrichment programs that focus on problem-solving and
cognitive skills development and that directly support the
attainment of challenging State content and student
performance standards;
``(4) integrated educational services in combination with
other programs meeting similar needs;
``(5) school-to-work transition activities to enable Indian
students to participate in programs such as those supported
by the School-to-Work Opportunities Act of 1993 and the Carl
D. Perkins Vocational and Applied Technology Education Act,
including tech-prep, mentoring, and apprenticeship programs;
``(6) prevention of, and education about, substance abuse;
and
``(7) acquisition of equipment, but only if such
acquisition is essential to meet the purpose of this part.
``(c) Schoolwide Programs.--Notwithstanding any other
provision of this part, a local educational agency may use
funds it receives under this part to support a schoolwide
program under section 1114 of title I of this Act, in
accordance with such section, if the Secretary determines
that the local educational agency has made adequate provision
for the participation of Indian children in such project and
the involvement of Indian parents in the formulation of such
project.
``SEC. 6106. STUDENT ELIGIBILITY FORMS.
``(a) The Secretary shall require that each application for
a grant under this subpart for each fiscal year be supported
by a form, maintained in the files of the applicant, for each
eligible Indian child for whom the local educational agency
is providing free public education that sets forth
information establishing the status of the child as an
eligible Indian child.
``(b) The Secretary shall request on the form required
under subsection (a) at least the following information:
``(1) either--
``(A) the name of the tribe, band, or other organized group
of Indians with which the child claims membership, along with
the enrollment number establishing membership (if readily
available), and the name and address of the organization
which has updated and accurate membership data for such
tribe, band, or other organized group of Indians, or
``(B) if the child is not a member of a tribe, band, or
other organized group of Indians, the name, the enrollment
number (if readily available), and the organization (and
address thereof) responsible for maintaining updated and
accurate membership rolls of any of the child's parents or
grandparents, from whom the child claims eligibility;
``(2) whether the tribe, band, or other organized group of
Indians with which the child, his parents, or grandparents
claim membership is federally recognized;
``(3) the name and address of the parent or legal guardian;
``(4) the signature of the parent or legal guardian
verifying the accuracy of the information supplied; and
``(5) any other information which the Secretary deems
necessary to provide an accurate program profile.
``(c) Nothing in the requirements of subsection (b) may be
construed as affecting the definition set forth in section
6601. In order for a child to be counted in computing the
local educational agency's grant award, the eligibility form
for the child must contain at a minimum--
``(1) the child's name;
``(2) the name of the tribe, band, or other organized group
of Indians; and
``(3) the parent's dated signature.
The failure of an applicant to furnish any other information
listed in subsection (b) with respect to any child shall have
no bearing on the determination of whether the child is an
eligible Indian child.
``(d) The forms and the standards of proof (including the
standard of good faith compliance) that were in use during
the 1985-1986 academic year to establish a child's
eligibility for entitlement under the Indian Elementary and
Secondary School Assistance Act shall be the only forms and
standards of proof used to establish such eligibility and to
meet the requirements of subsection (a).
``(e) For purposes of determining whether a child is an
eligible Indian child, the membership of the child, or any
parent or grandparent of the child, in a tribe, band, or
other organized group of Indians may be established by proof
other than an enrollment number, even if enrollment numbers
for members of such tribe, band, or groups are available.
Nothing in subsection (b) may be construed as requiring the
furnishing of enrollment numbers.
``(f)(1)(A) The Secretary shall establish a method of
auditing, on an annual basis, a sample of not less than one-
fourth of the total number of local educational agencies
receiving funds under this part and shall submit to the
Congress an annual report on the findings of the audits.
``(B) For purposes of an audit conducted by the Federal
Government with respect to funds provided under this part,
all procedures, practices, and policies that are established
by--
``(i) the Office of Indian Education of the Department of
Education, or
``(ii) a grantee under this subpart who, in establishing
such procedures, practices, and policies, was acting under
the direction of any employee of such Office that is
authorized by the Director of such Office to provide such
direction,
shall, with respect to the period beginning on the date of
the establishment of such procedures, practices, and
policies, and ending on the date (if any) on which the
Director of such Office revokes authorization for such
procedures, practices, and policies, be considered
appropriate and acceptable procedures, practices, and
policies which are in conformity with Federal law.
``(C) A local educational agency may not be held liable to
the United States, or be otherwise penalized, by reason of
the findings of an audit that relate to the date of
completion, or the date of submission, of any forms used to
establish, before April 28, 1988, a child's eligibility for
entitlement under the Indian Elementary and Secondary School
Assistance Act.
``(2) Any local educational agency that provides false
information in the application for a grant under this subpart
shall be ineligible to apply for any other grants under this
part and shall be liable to the United States for any funds
provided under this part that have not been expended.
``(3) Any student who provides false information on the
form required under subsection (d)(1) may not be taken into
account in determining the amount of any grant under this
part.
``(g) For purposes of distribution of funds under this Act
to schools funded by the Bureau of Indian Affairs, the
Secretary shall use the count of the number of students in
each such school funded under the Indian Student Equalization
Formula developed pursuant to section 1128 of Public Law 95-
561, in lieu of the requirements of this section.
``SEC. 6107. PAYMENTS.
``(a) General.--The Secretary shall pay each local
educational agency with an application approved under this
part the amount determined under section 6103, subject to
subsections (b) and (c) of this section and shall notify such
local educational agency of the amount no later than June 1
of the year in which the grant will be paid.
``(b) Payments Taken Into Account by the State.--The
Secretary shall not make a grant under this part for any
fiscal year to any local educational agency in a State that
has taken into consideration payments under this part (or
under subpart 1 of the Indian Education Act of 1988) in
determining the eligibility of the local educational agency
for State aid, or the amount of that aid, with respect to the
free public education of children during that year or the
preceding fiscal year.
``(c) Reduction of Payment for Failure To Maintain Fiscal
Effort.--(1) The Secretary shall not pay any local
educational agency the full amount determined under section
6103 for any fiscal year unless the State educational agency
notifies the Secretary, and the Secretary determines, that
the combined fiscal effort of that local agency and the State
with respect to the provision of free public education by
such local agency for the preceding fiscal year, computed on
either a per-student or aggregate expenditure basis, was not
less than 90 percent of such combined fiscal effort, computed
on the same basis, for the second preceding fiscal year.
``(2) If the Secretary determines for any fiscal year that
a local educational agency failed to maintain its fiscal
effort at the 90 percent level required by paragraph (1), the
Secretary shall--
``(A) reduce the amount of the grant that would otherwise
be made to the agency under this part in the exact proportion
of such agency's failure to maintain its fiscal effort at
such level; and
``(B) not use the reduced amount of the agency's
expenditures for the preceding year to determine compliance
with paragraph (1) for any succeeding fiscal year, but shall
use the amount of expenditures that would have been required
to comply with paragraph (1).
``(3)(A) The Secretary may waive the requirement of
paragraph (1), for not more than one year at a time, if the
Secretary determines that the failure to comply with such
requirement is due to exceptional or uncontrollable
circumstances, such as a natural disaster or a precipitous
and unforeseen decline in the agency's financial resources.
``(B) The Secretary shall not use the reduced amount of
such agency's expenditures for the fiscal year preceding the
fiscal year for which a waiver is granted to determine
compliance with paragraph (1) for any succeeding fiscal year,
but shall use the amount of expenditures that would have been
required to comply with paragraph (1) in the absence of the
waiver.
``(d) Reallocations.--The Secretary may reallocate, in the
manner the Secretary determines will best carry out the
purpose of this part, any amounts that--
``(1) based on estimates by local educational agencies or
other information, will not be needed by such agencies to
carry out their approved projects under this part; or
``(2) otherwise become available for reallocation under
this part.
``PART B--SPECIAL PROGRAMS AND PROJECTS TO IMPROVE EDUCATIONAL
OPPORTUNITIES FOR INDIAN CHILDREN
``SEC. 6201. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
INDIAN CHILDREN.
``(a) In General.--The Secretary shall carry out a program
of making grants for the improvement of educational
opportunities for Indian children--
``(1) to support planning, pilot, and demonstration
projects, in accordance with subsection (b), which are
designed to test and demonstrate the effectiveness of
programs for improving educational opportunities for Indian
children;
``(2) to assist in the establishment and operation of
programs, in accordance with subsection (c), which are
designed to stimulate--
``(A) the provision of educational services not available
to Indian children in sufficient quantity or quality, and
``(B) the development and establishment of exemplary
educational programs to serve as models for regular school
programs in which Indian children are educated;
``(3) to assist in the establishment and operation of
preservice and inservice training programs, in accordance
with subsection (d), for persons serving Indian children as
educational personnel; and
``(4) to encourage the dissemination of information and
materials relating to, and the evaluation of the
effectiveness of, education programs which may offer
educational opportunities to Indian children.
``(b) Demonstration Projects.--The Secretary is authorized
to make grants to State and local educational agencies,
federally supported elementary and secondary schools for
Indian children and to Indian tribes, Indian organizations,
and Indian institutions to support planning, pilot, and
demonstration projects which are designed to plan for, and
test and demonstrate the effectiveness of, programs for
improving educational opportunities for Indian children,
including--
``(1) innovative programs related to the educational needs
of educationally deprived children;
``(2) bilingual and bicultural education programs and
projects;
``(3) special health and nutrition services and other
related activities which meet the special health, social, and
psychological problems of Indian children; and
``(4) coordination of the operation of other federally
assisted programs which may be used to assist in meeting the
needs of such children.
``(c) Services and Programs To Improve Educational
Opportunities.--
``(1) The Secretary is authorized to make grants to State
and local educational agencies and to tribal and other Indian
community organizations to assist them in developing and
establishing educational services and programs specifically
designed to improve educational opportunities for Indian
children. Such grants may be used--
``(A) to provide educational services not available to such
children in sufficient quantity or quality, including--
``(i) remedial and compensatory instruction, school health,
physical education, psychological, and other services
designed to assist and encourage Indian children to enter,
remain in, or reenter elementary or secondary school;
``(ii) comprehensive academic and vocational instruction;
``(iii) instructional materials (such as library books,
textbooks, and other printed, published, or audiovisual
materials) and equipment;
``(iv) comprehensive guidance, counseling, mentoring, and
testing services;
``(v) special education programs for disabled and gifted
and talented Indian children;
``(vi) early childhood programs, including kindergarten;
``(vii) bilingual and bicultural education programs; and
``(viii) other services which meet the purposes of this
subsection; and
``(B) to establish and operate exemplary and innovative
educational programs and centers, involving new educational
approaches, methods, and techniques designed to enrich
programs of elementary and secondary education for Indian
children.
``(2) In addition to the grants provided under paragraph
(1), the Secretary is authorized to provide grants to
consortia of Indian tribes or tribal organizations, local
educational agencies, and institutions of higher education
for the purpose of developing, improving, and implementing a
program of--
``(A) encouraging Indian students to acquire a higher
education, and
``(B) reducing the incidence of dropouts among elementary
and secondary school students.
``(d) Training.--
``(1) The Secretary is authorized to make grants to
institutions of higher education and to State and local
educational agencies, in combination with institutions of
higher education, for carrying out programs and projects--
``(A) to prepare persons to serve Indian students as
teachers, administrators, teacher aides, social workers, and
ancillary educational personnel; and
``(B) to improve the qualifications of such persons who are
serving Indian students in such capacities.
``(2) Grants made under this subsection may be used for the
establishment of fellowship programs leading to an advanced
degree, for institutes and, as part of a continuing program,
for seminars, symposia, workshops, and conferences.
``(3) In programs funded by grants authorized under this
subsection, preference shall be given to the training of
Indians.
``(4) In making grants under this subsection, the Secretary
shall consider prior performance and may not limit
eligibility on the basis of the number of previous grants or
the length of time for which the applicant has received
grants.
``(d) Applications for Grants.--
``(1) Applications for a grant under this section shall be
submitted at such time, in such manner, and shall contain
such information, and shall be consistent with such criteria,
as may be required under regulations prescribed by the
Secretary. Such applications shall--
``(A) set forth a statement describing the activities for
which assistance is sought;
``(B) in the case of an application for a grant under
subsection (c)--
``(i) subject to such criteria as the Secretary shall
prescribe, provide for--
``(I) the use of funds available under this section, and
``(II) the coordination of other resources available to the
applicant,
in order to ensure that, within the scope of the purpose of
the project, there will be a comprehensive program to achieve
the purposes of this section, and
``(ii) provide for the training of personnel participating
in the project; and
``(C) provide for an evaluation of the effectiveness of the
project in achieving its purpose and the purposes of this
section.
``(2)(A) The Secretary may approve an application for a
grant under subsection (b) or (c) only if the Secretary is
satisfied that such application, and any document submitted
with respect thereto--
``(i) demonstrate that--
``(I) there has been adequate participation by the parents
of the children to be served and tribal communities in the
planning and development of the project, and
``(II) there will be such participation in the operation
and evaluation of the project, and
``(ii) provide for the participation, on an equitable
basis, of eligible Indian children--
``(I) who reside in the area to be served,
``(II) who are enrolled in private nonprofit elementary and
secondary schools, and
``(III) whose needs are of the type which the program is
intended to meet,
to the extent consistent with the number of such children.
``(B) In approving applications under this section, the
Secretary shall give priority to applications from Indian
educational agencies, organizations, and institutions.
``SEC. 6202. SPECIAL EDUCATIONAL TRAINING PROGRAMS FOR THE
TEACHERS OF INDIAN CHILDREN.
``(a) In General.--
``(1) The Secretary is authorized to make grants to, and
enter into contracts with, institutions of higher education,
Indian organizations, and Indian tribes for the purpose of--
``(A) preparing individuals for teaching or administering
special programs and projects designed to meet the special
educational needs of Indian people, and
``(B) providing in-service training for persons teaching in
such programs.
``(2) Priority shall be given in the awarding of grants,
and in the entering into of contracts, under subsection (a)
to Indian institutions and organizations.
``(b) Fellowships and Traineeships.--
``(1) In carrying out the provisions of this section, the
Secretary is authorized to award fellowships and traineeships
to individuals and to make grants to, and to enter into
contracts with, institutions of higher education, Indian
organizations, and Indian tribes for the costs of education
allowances.
``(2) In awarding fellowships and traineeships under this
subsection, the Secretary shall give preference to Indians.
``(3) In the case of traineeships and fellowships, the
Secretary is authorized to grant stipends to, and allowances
for dependents of, persons receiving traineeships and
fellowships.
``SEC. 6203. FELLOWSHIPS FOR INDIAN STUDENTS.
``(a) In General.--During each fiscal year ending prior to
October 1, 1999, the Secretary is authorized to award
fellowships to be used for study in graduate and professional
programs at institutions of higher education. Such
fellowships shall be awarded to Indian students in order to
enable them to pursue a course of study of not more than 4
academic years leading toward a postbaccalaureate degree in
medicine, clinical psychology, psychology, law, education,
and related fields or leading to an undergraduate or graduate
degree in engineering, business administration, natural
resources, and related fields.
``(b) Stipends.--The Secretary shall pay to persons awarded
fellowships under subsection (a) such stipends (including
such allowances for subsistence of such persons and their
dependents) the Secretary may determine to be consistent with
prevailing practices under comparable federally supported
programs.
``(c) Payments to Institutions in Lieu of Tuition.--The
Secretary shall pay to the institution of higher education at
which the holder of a fellowship awarded under subsection (a)
is pursuing a course of study, in lieu of tuition charged
such holder, such amounts as the Secretary may determine to
be necessary to cover the cost of education provided the
holder of such a fellowship.
``(d) Special Rules.--
``(1) The Secretary may, if a fellowship awarded under
subsection (a) is vacated prior to the end of the period for
which it was awarded, award an additional fellowship for the
remainder of such period.
``(2) By no later than the date that is 45 days before the
commencement of an academic term, the Secretary shall provide
to each individual who is awarded a fellowship under
subsection (a) for such academic term written notice of the
amount of such fellowship and of any stipends or other
payments that will be made under this section to, or for the
benefit of, such individual for such academic term.
``(3) Not more than 10 percent of the fellowships awarded
under subsection (a) shall be awarded, on a priority basis,
to persons receiving training in guidance counseling with a
specialty in the area of alcohol and substance abuse
counseling and education.
``(e) Service Obligation.--The Secretary shall, by
regulation, require that individuals who receive training
under this section perform related work and shall notify such
local educational agency of the amount no later than June 1
of the year in which the grant will be paid following that
training or repay all or part of the cost of the training.
``SEC. 6204. GIFTED AND TALENTED.
``(a) Establishment of Centers.--The Secretary shall
establish 2 centers for gifted and talented Indian students
at tribally controlled community colleges.
``(b) Demonstration Projects.--
``(1) The Secretary shall award separate grants to, or
enter into contracts with--
``(A) 2 tribally controlled community colleges that--
``(i) are eligible for funding under the Tribally
Controlled Community College Assistance Act of 1978, and
``(ii) are fully accredited, or
``(B) if acceptable applications are not submitted to the
Secretary by 2 of such colleges, the American Indian Higher
Education Consortium,
for the establishment of centers under subsection (a) and for
demonstration projects designed to address the special needs
of Indian students in elementary and secondary schools who
are gifted and talented and to provide such support services
to their families that are needed to enable the students to
benefit from the project.
``(2) Any person to whom a grant is made, or with whom a
contract is entered into, under paragraph (1) may enter into
a contract with any other persons, including the Children's
Television Workshop, for the purpose of carrying out the
demonstration projects for which such grant was awarded or
for which the contract was entered into by the Secretary.
``(3) Demonstration projects funded under this section may
include--
``(A) the identification of the special needs of gifted and
talented students, particularly at the elementary school
level, with attention to the emotional and psychosocial needs
of these students and to the provision of those support
services to their families that are needed to enable these
students to benefit from the project;
``(B) the conduct of educational, psychosocial, and
developmental activities which hold reasonable promise of
resulting in substantial progress toward meeting the
educational needs of such gifted and talented children,
including, but not limited to, demonstrating and exploring
the use of Indian languages and exposure to Indian cultural
traditions, and mentoring and apprenticeship programs;
``(C) the provision of technical assistance and the
coordination of activities at schools which receive grants
under subsection (c) with respect to the activities funded by
such grants, the evaluation of programs at such schools
funded by such grants, or the dissemination of such
evaluations;
``(D) the use of public television in meeting the special
educational needs of such gifted and talented children;
``(E) leadership programs designed to replicate programs
for such children throughout the United States, including the
dissemination of information derived from the demonstration
projects conducted under this section; and
``(F) appropriate research, evaluation, and related
activities pertaining to the needs of such children and to
the provision of such support services to their families that
are needed to enable such children to benefit from the
project.
``(c) Additional Grants.--
``(1) The Secretary, in consultation with the Secretary of
the Interior, shall provide 5 grants to schools that are
Bureau funded schools for program research and development
regarding, and the development and dissemination of
curriculum and teacher training material regarding--
``(A) gifted and talented students,
``(B) college preparatory studies (including programs for
Indian students interested in teaching careers),
``(C) students with special culturally related academic
needs, including social, lingual, and cultural needs, and
``(D) math and science education.
``(2) Applications for the grants provided under paragraph
(1) shall be submitted to the Secretary in such form and at
such time as the Secretary may prescribe. Applications for
such grants by Bureau schools, and the administration of any
of such grants made to a Bureau school, shall be undertaken
jointly by the supervisor of the Bureau school and the local
school board.
``(3) Grants may be provided under paragraph (1) for one or
more activities described in paragraph (1).
``(4) In providing grants under paragraph (1), the
Secretary shall--
``(A) achieve a mixture of programs described in paragraph
(1) which ensures that students at all grade levels and in
all geographic areas of the United States are able to
participate in some programs funded by grants provided under
this subsection, and
``(B) ensure that a definition of the term `gifted and
talented student' for purposes of this section and section
1128(c)(3)(A)(i) of the Education Amendments of 1978 is
developed as soon as possible.
``(5) Subject to the availability of appropriated funds,
grants provided under paragraph (1) shall be made for a 3-
year period and may be renewed by the Secretary for
additional 3-year periods if performance by the grantee is
satisfactory to the Secretary.
``(6)(A) The dissemination of any materials developed from
activities funded by grants provided under paragraph (1)
shall be carried out in cooperation with institutions
receiving funds under subsection (b).
``(B) The Secretary shall report to the Secretary of the
Interior and to the Congress any results from activities
described in paragraph (4)(B).
``(7)(A) The costs of evaluating any activities funded by
grants made under paragraph (1) shall be divided between the
school conducting such activities and the demonstration
project recipients under subsection (b).
``(B) If no funds are provided under subsection (b) for--
``(i) the evaluation of activities funded by grants made
under paragraph (1),
``(ii) technical assistance and coordination with respect
to such activities, or
``(iii) dissemination of such evaluations,
the Secretary shall, by grant or through contract, provide
for such evaluations, technical assistance, coordination, and
dissemination.
``(d) Information Network.--The Secretary shall encourage
persons to whom a grant is made, or with whom a contract is
entered into, under this section to work cooperatively as a
national network so that the information developed by such
persons is readily available to the entire educational
community.
``SEC. 6205. TRIBALLY CONTROLLED SCHOOLS ACT.
``(a) Timely Payments.--Subsection (a) is amended to read
as follows:
```(a)(1) Except as otherwise provided in this subsection,
the Secretary shall make payments to grantees under this part
in 2 payments:
```(A) one payment to be made no later than July 1 of each
year in an amount equal to one-half of the amount which the
grantee was entitled to receive during the preceding academic
year, and
```(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made no later than December 1 of each year.
```(2) For any school for which no payment was made from
Bureau funds in the preceding academic year, full payment of
the amount computed for the first academic year of
eligibility under this part shall be made no later than
December 1 of the academic year.
```(3) With regard to funds for grantees that become
available for obligation on October 1 of the fiscal year for
which they are appropriated, the Secretary shall make
payments to grantees no later than December 1 of the fiscal
year.
```(4) The provisions of the Prompt Payment Act (31 U.S.C.
3901 et seq.) shall apply to the payments required to be made
by paragraphs (1), (2), and (3) of this subsection.'.
``(b) Paragraph (3) is amended by striking `Paragraphs (1)
and (2)' and inserting in lieu thereof `Paragraphs (1), (2),
and (3)', and is renumbered as paragraph `(5)'.
``PART C--SPECIAL PROGRAMS RELATING TO ADULT EDUCATION FOR INDIANS
``SEC. 6301. IMPROVEMENT OF EDUCATIONAL OPPORTUNITIES FOR
ADULT INDIANS.
``(a) In General.--The Secretary shall carry out a program
of awarding grants to State and local educational agencies
and to Indian tribes, institutions, and organizations--
``(1) to support planning, pilot, and demonstration
projects which are designed to test and demonstrate the
effectiveness of programs for improving employment and
educational opportunities for adult Indians;
``(2) to assist in the establishment and operation of
programs which are designed to stimulate--
``(A) the provision of basic literacy opportunities to all
nonliterate Indian adults, and
``(B) the provision of opportunities to all Indian adults
to qualify for a high school equivalency certificate in the
shortest period of time feasible;
``(3) to support a major research and development program
to develop more innovative and effective techniques for
achieving the literacy and high school equivalency goals;
``(4) to provide for basic surveys and evaluations to
define accurately the extent of the problems of illiteracy
and lack of high school completion among Indians; and
``(5) to encourage the dissemination of information and
materials relating to, and the evaluation of the
effectiveness of, education programs which may offer
educational opportunities to Indian adults.
``(b) Educational Services.--The Secretary is authorized to
make grants to Indian tribes, Indian institutions, and Indian
organizations to develop and establish educational services
and programs specifically designed to improve educational
opportunities for Indian adults.
``(c) Information and Evaluation.--The Secretary is also
authorized to make grants to, and to enter into contracts
with, public agencies and institutions and Indian tribes,
institutions, and organizations for--
``(1) the dissemination of information concerning
educational programs, services, and resources available to
Indian adults, including evaluations thereof; and
``(2) the evaluation of federally assisted programs in
which Indian adults may participate to determine the
effectiveness of such programs in achieving the purposes of
such programs with respect to such adults.
``(d) Applications.--
``(1) Applications for a grant under this section shall be
submitted at such time, in such manner, contain such
information, and be consistent with such criteria, as may be
required under regulations prescribed by the Secretary. Such
applications shall--
``(A) set forth a statement describing the activities for
which assistance is sought; and
``(B) provide for an evaluation of the effectiveness of the
project in achieving its purposes and the purposes of this
section.
``(2) The Secretary shall not approve an application for a
grant under subsection (a) unless the Secretary is satisfied
that such application, and any documents submitted with
respect thereto, indicate that--
``(A) there has been adequate participation by the
individuals to be served and tribal communities in the
planning and development of the project, and
``(B) there will be such a participation in the operation
and evaluation of the project.
``(3) In approving applications under subsection (a), the
Secretary shall give priority to applications from Indian
educational agencies, organizations, and institutions.
``PART D--NATIONAL ACTIVITIES AND GRANTS TO STATES
``SEC. 6401. NATIONAL ACTIVITIES.
``(a) Authorized Activities.--From funds appropriated for
any fiscal year to carry out this section, the Secretary
may--
``(1) conduct research related to effective approaches to
the education of Indian children and adults;
``(2) evaluate federally assisted education programs from
which Indian children and adults may benefit;
``(3) collect and analyze data on the educational status
and needs of Indians; and
``(4) carry out other activities consistent with the
purpose of this Act.
``(b) Eligibility.--The Secretary may carry out any of the
activities described in subsection (a) directly or through
grants to, or contracts or cooperative agreements with,
Indian tribes, Indian organizations, State educational
agencies, local educational agencies, institutions of higher
education, including Indian institutions of higher education,
and other public and private agencies and institutions.
``(c) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to assure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Indian
Education and the Office of Educational Research and
Improvement.
``SEC. 6402. STATE EDUCATIONAL AGENCY REVIEW.
``(a) Before submitting its application to the Secretary,
the local educational agency shall submit its application to
the State educational agency.
``(b) The State education agency may send to the Secretary
comments on each local educational agency application its
reviews. The Secretary shall take such comments into
consideration in reviewing such application.
``PART E--FEDERAL ADMINISTRATION
``SEC. 6501. OFFICE OF INDIAN EDUCATION.
``(a) Office of Indian Education.--There shall be an Office
of Indian Education (referred to in this section as `the
Office') in the Department of Education.
``(b) Director.--(1) The Office shall be under the
direction of the Director, who shall be appointed by the
Secretary and who shall report directly to the Assistant
Secretary for Elementary and Secondary Education.
``(2) The Director shall--
``(A) be responsible for administering this title;
``(B) be involved in, and be primarily responsible for, the
development of all policies affecting Indian children and
adults under programs administered by the Office of
Elementary and Secondary Education;
``(C) coordinate the development of policy and practice for
all programs in the Department relating to Indian persons;
and
``(D) assist the Assistant Secretary of the Office of
Educational Research and Improvement in identifying research
priorities related to the education of Indian persons.
``(3) The Director of the Office shall be a member of the
career Senior Executive Service.
``(c) Indian Preference in Employment.--(1) The Secretary
shall give a preference to Indian persons in all personnel
actions in the Office.
``(2) Such preference shall be implemented in the same
fashion as the preference given to any veteran under section
2609 of the Revised Statutes, section 45 of title 25, United
States Code.
``SEC. 6502. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.
``(a) Membership.--There shall be a National Advisory
Council on Indian Education (referred to in this section as
`the Council'), which shall--
``(1) consist of 15 Indian members, who shall be appointed
by the President from lists of nominees furnished, from time
to time, by Indian tribes and organizations; and
``(2) represent different geographic areas of the country.
``(b) Duties.--The Council shall--
``(1) advise the Secretary on the funding and
administration, including the development of regulations and
of administrative policies and practices, of any program,
including programs under this title, for which the Secretary
is responsible and in which Indian children or adults
participate or from which they can benefit;
``(2) make recommendations to the Secretary for filling the
Director's position whenever a vacancy occurs in such
position; and
``(3) submit to the Congress, by June 30 of each year, a
report on its activities, which shall include--
``(A) any recommendations it finds appropriate for the
improvement of Federal education programs in which Indian
children or adults participate, or from which they can
benefit; and
``(B) its recommendations with respect to the funding of
any such programs.
``SEC. 6503. PEER REVIEW.
``In reviewing applications under parts B, C, and D of this
title, the Secretary may use a peer review process.
``SEC. 6504. PREFERENCE FOR INDIAN APPLICANTS.
``In making grants under parts B and C of this title, the
Secretary shall give a preference to Indian tribes, Indian
organizations, and Indian institutions of higher education
under any program for which they are eligible to apply.
``SEC. 6505. MINIMUM GRANT CRITERIA.
``In making grants under parts B and C of this title, the
Secretary shall approve only projects that are--
``(1) of sufficient size, scope, and quality to achieve the
purpose of the section under which assistance is sought; and
``(2) based on relevant research findings.
``PART F--DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS
``SEC. 6601. DEFINITIONS.
``The following definitions apply to terms as used in this
title:
``(1) The term `adult' means an individual who is either--
``(A) not less than 16 years old; or
``(B) beyond the age of compulsory school attendance under
State law.
``(2) The term `adult education' has the meaning given such
term in section 312(2) of the Adult Education Act.
``(3) The term `free public education' means education that
is--
``(A) provided at public expense, under public supervision
and direction, and without tuition charge; and
``(B) provided as elementary or secondary education in the
applicable State or to preschool children.
``(4) The term `Indian' means an individual who is--
``(A) a member of an Indian tribe or band, as membership is
defined by the tribe or band, including--
``(i) tribes and bands terminated since 1940; and
``(ii) tribes and bands recognized by the State in which
they reside;
``(B) a descendant, in the first or second degree, of an
individual described in subparagraph (A);
``(C) considered by the Secretary of the Interior to be an
Indian for any purpose; or
``(D) an Eskimo, Aleut, or other Alaska Native.
``SEC. 6602. AUTHORIZATIONS OF APPROPRIATIONS.
``(a) Part A.--For the purpose of carrying out part A of
this title, there are authorized to be appropriated
$61,300,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``(b) Parts B Through D.--For the purpose of carrying out
parts B, C, and D of this title, there are authorized to be
appropriated $20,925,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``(c) Part E.--For the purpose of carrying out part E of
this title, including section 6502, there are authorized to
be appropriated $3,775,000 for fiscal year 1995 and such sums
as may be necessary for each of the fiscal years 1996, 1997,
1998, and 1999.
``PART G--BUREAU OF INDIAN AFFAIRS PROGRAMS
``SEC. 6701. STANDARDS FOR THE BASIC EDUCATION OF INDIAN
CHILDREN IN BUREAU OF INDIAN AFFAIRS SCHOOLS.
``(a) The purpose of the standards developed under this
section shall be to afford Indian students being served by a
Bureau funded school with the same opportunities as all other
students to achieve the high goals embodied in the Goals
2000: Educate America Act. Consistent with the provisions of
this section and section 6711 of this part, the Secretary
shall take such actions as are necessary to coordinate
standards developed and implemented under this section with
those in the State plans developed and implemented pursuant
to the GOALS 2000 Educate America Act for the States in which
each Bureau funded school operates. In developing and
reviewing these standards and such coordination, the
Secretary shall utilize the findings and recommendations of
the panel established by the Goals 2000: Educate America Act
``(b) The Secretary, in consultation with the Secretary of
Education, and in consultation with Indian organizations and
tribes, shall carry out or cause to be carried out by
contract with an Indian organization such studies and
surveys, making the fullest use possible of other existing
studies, surveys, and plans, as are necessary to establish
and revise standards for the basic education of Indian
children attending Bureau funded schools. Such studies and
surveys shall take into account factors such as academic
needs, local cultural differences, type and level of language
skills, geographic isolation, and appropriate teacher-student
ratios for such children, and shall be directed toward the
attainment of equal eductional opportunity for such children.
``(c)(1) Within 18 months of the date of enactment of this
Act, the Secretary shall revise the minimum academic
standards published in the Federal Register of November 1983
for the basic education of Indian chlidren which are
consistent with subsections (a) and (b) of this section and
section 6711, and shall distribute such revised standards in
the Federal Register for the purpose of receiving comments
from the tribes and other interested parties. Within 21
months of the date of enactment of the Elementary and
Secondary Education Act Amendments of 1993, the Secretary
shall establish final standards, distribute such standards to
all the tribes and publish such standards in the Federal
Register. The Secretary shall revise such standards
periodically as necessary. Prior to any revision of such
standards, the Secretary shall distribute such proposed
revision to all the tribes, and publish such proposed
revision in the Federal Register, for the purpose of
receiving comments from the tribes and other interested
parties.
``(2) Such standards shall apply to Bureau schools, and
subject to subsection (f), to contract and grant schools, and
may also serve as a model for educational programs for Indian
children in public schools. In establishing and revising such
standards, the Secretary shall take into account the special
needs of Indian students and the support and reinforcement of
the specific cultural heritage of each tribe. Such standards
shall include a requirement, developed in coordination with
Indian tribes, the affected local school boards, the Indian
Health Service of the Department of Health and Human
Services, the State health departments, and the Centers for
Disease Control and Prevention, on immunization for childhood
diseases, including provisions for in-school immunization,
where necessary.
``(d) The Secretary shall provide alternative or modified
standards in lieu of the standards established under
subsection (c), where necessary, so that the programs of each
school shall be in compliance with the minimum standards
required for accreditation of schools in the State where the
school is located.
``(e) A tribal governing body, or the local school board so
designated by the tribal governing body, shall have the local
authority to waive, in part or in whole, the standards
established under subsections (c) and (d), where such
standards are deemed by such body to be inappropriate or ill-
conceived. The tribal governing body or designated school
board shall, within 60 days thereafter, submit to the
Secretary a proposal for alternative standards that takes
into account the specific needs of the tribe's children. Such
revised standards shall be established by the Secretary
unless specifically rejected by the Secretary for good cause
and in writing to the affected tribes or local school board,
which rejection shall be final and unreviewable.
``(f)(1) The Secretary, through contracting and grant-
making procedures, shall assist school boards of contract and
grant schools in the implementation of the standards
established under subsection (c) and (d), if the school
boards request that such standards, in part or in whole, be
implemented. At the request of a contract or grant school
board, the Secretary shall provide alternative or modified
standards for the standards established under subsections (c)
and (d) to take into account the needs of the Indian children
and the contract or grant school.
``(2) Within 1 year of the date of the enactment of the
Indian Education Technical Amendments Act of 1985, the Bureau
shall, either directly or through contract with an Indian
organization, establish a consistent system of reporting
standards for fiscal control and fund accounting for all
contract schools. Such standards shall yield data results
comparable to those used by Bureau schools.
``(g) Subject to subsections (e) and (f), the Secretary
shall begin to implement the standards established under this
section immediately upon the date of their establishment. No
later than January 1, 1995, and at each time thereafter that
the annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring all Bureau
and contract and grant schools up to the level required by
the applicable standards established under this section. Such
plan shall include, but not be limited to, detailed
information on the status of each school's educational
program in relation to the applicable standards established
under this section, specific cost estimates for meeting such
standards at each school, and specific time lines for
bringing each school up to the level required by such
standards.
``(h)(1) Except as specifically required by statute, no
school or peripheral dormitory operated by the Bureau of
Indian Affairs on or after January 1, 1992, may be closed or
consolidated or have its program substantially curtailed
unless done according to the requirements of this subsection,
except that, in those cases where the tribal governing body,
or the local school board concerned (if so designated by the
tribal governing body), requests closure or consolidation,
the requirements of this subsection shall not apply. The
requirements of this subsection shall not apply when a
temporary closure, consolidation, or substantial curtailment
is required by plant conditions which constitute an immediate
hazard to health and safety.
``(2) The Secretary shall, by regulation, promulgate
standards and procedures for the closing, consolidation, or
substantial curtailment of Bureau schools in accordance with
the requirements of this subsection.
``(3) Whenever closure, transfer to any other authority,
consolidation, or substantial curtailment of a school is
under active consideration or review by any division of the
Bureau or the Department of the Interior, the affected tribe,
tribal governing body, and designated local school board,
will be notified as soon as such consideration or review
begins, kept fully and currently informed, and afforded an
opportunity to comment with respect to such consideration or
review. When a formal decision is made to close, transfer to
any other authority, consolidate, or substantially curtail a
school, the affected tribe, tribal governing body, and
designated local school board shall be notified at least 6
months prior to the end of the school year preceding the
proposed effective date. Copies of any such notices and
information shall be transmitted promptly to the Congress and
published in the Federal Register.
``(4) The Secretary shall make a report to Congress, the
affected tribe, and the designated local school board
describing the process of the active consideration or review
referred to in paragraph (3). At a minimum, the report shall
include a study of the impact of such action on the student
population, with every effort to identify those students with
particular educational and social needs, and to ensure that
alternative services are available to such students. Such
report shall include the description of the consultation
conducted between the potential service provider, current
service provider, parents, tribal representative and the
tribe or tribes involved, and the Director of the Office of
Indian Education Programs within the Bureau regarding such
students. No irreversible action may be taken in furtherance
of any such proposed school closure, transfer to any other
authority, consolidation, or substantial curtailment
(including any action which would prejudice the personnel or
programs of such school) until the end of the first full
academic year after such report is made.
``(5) The Secretary may terminate, contract, transfer to
any other authority, or consolidate or substantially curtail
the operation or facilities of--
``(A) any Bureau funded school that is operated on or after
April 1, 1987,
``(B) any program of such a school that is operated on or
after April 1, 1987, or
``(C) any school board of a school operated under a grant
under the Tribally Controlled Schools Act of 1988 (Public Law
100-297),
only if the tribal governing body approves such action.
``(i) There are hereby authorized to be appropriated such
sums as may be necessary, for academic program costs, in
order to bring all Bureau and contract schools up to the
level required by the applicable standards established under
this section.
``(j)(1) All schools funded by the Bureau of Indian Affairs
shall include within their curriculum a program of
instruction relating to alcohol and substance abuse
prevention and treatment. The Assistant Secretary shall
provide the technical assistance necessary to develop and
implement such a program for students in kindergarten and
grades 1 through 12, at the request of--
``(A) any Bureau of Indian Affairs school (subject to the
approval of the school board of such school);
``(B) any school board of a school operating under a
contract entered into under the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.); or
``(C) any school board of a school operating under a grant
under the Tribally Controlled Schools Act of 1988 (Public Law
100-297).
``(2) In schools operated directly by the Bureau of Indian
Affairs, the Secretary shall provide for--
``(A) accurate reporting of all incidents relating to
alcohol and substance abuse; and
``(B) individual student crisis intervention.
``(3) The programs requested under paragraph (1) shall be
developed in consultation with the Indian tribe that is to be
served by such program and health personnel in the local
community of such tribe.
``(4) Schools requesting program assistance under this
subsection are encouraged to involve family units and, where
appropriate, tribal elders and Native healers in such
instructions.
``(k) For purposes of this section, the term `tribal
governing body' means, with respect to any school, the tribal
governing body, or tribal governing bodies, that represent at
least 90 percent of the students served by such school.
``(l)(1)(A) The Secretary shall only consider the factors
described in subparagraphs (B) and (C) in reviewing--
``(i) applications from any tribe for the awarding of a
contract or grant for a school that is not a Bureau funded
school, and
``(ii) applications from any tribe or school board of any
Bureau funded school for--
``(I) a school which is not a Bureau funded school; or
``(II) the expansion of a Bureau funded school which would
increase the amount of funds received by the Indian tribe or
school board under section 6707.
The Secretary shall give consideration to all of such
factors, but none of such applications may be denied based
primarily upon the geographic proximity of public education.
``(B) The Secretary shall consider the following factors
relating to the program that is the subject of an application
described in subparagraph (A):
``(i) the adequacy of facilities or the potential to obtain
or provide adequate facilities;
``(ii) geographic and demographic factors in the affected
areas;
``(iii) adequacy of the applicant's program plans or, in
the case of a Bureau funded school, of projected needs
analysis done either by a tribe or by Bureau personnel;
``(iv) geographic proximity of comparable public education;
and
``(v) the stated needs of all affected parties, including
(but not limited to) students, families, tribal governments
at both the central and local levels, and school
organizations.
``(C) The Secretary shall consider with respect to
applications described in subparagraph (A) the following
factors relating to all the educational services available at
the time the application is considered:
``(i) geographic and demographic factors in the affected
areas;
``(ii) adequacy and comparability of programs already
available;
``(iii) consistency of available programs with tribal
educational codes or tribal legislation on education; and
``(iv) the history and success of these services for the
proposed population to be served, as determined from all
factors and not just standardized examination performance.
``(2)(A) The Secretary shall make a determination of
whether to approve any application described in paragraph
(1)(A) by no later than the date that is 180 days after the
day on which such application is submitted to the Secretary.
``(B) If the Secretary fails to make the determination
described in subparagraph (A) with respect to an application
by the date described in subparagraph (A), the application
shall be treated as having been approved by the Secretary.
``(3)(A) Any application described in paragraph (1)(A) may
be submitted to the Secretary only if--
``(i) the application has been approved by the tribal
governing body of the students served by (or to be served by)
the school or program that is the subject of the application,
and
``(ii) written evidence of such approval is submitted with
the application.
``(B) Each application described in paragraph (1)(A)--
``(i) shall provide information concerning each of the
factors described in paragraph (1)(B), and
``(ii) may provide information concerning the factors
described in paragraph (1)(C).
``(4) Whenever the Secretary makes a determination to deny
approval of any application described in paragraph (1)(A),
the Secretary shall--
``(A) state the objections in writing to the applicant by
no later than the date that is 180 days after the day on
which the application is submitted to the Secretary,
``(B) provide assistance to the applicant to overcome
stated objections, and
``(C) provide the applicant a hearing, under the same rules
and regulations pertaining to the Indian Self-Determination
and Education Assistance Act, and an opportunity to appeal
the objections raised by the Secretary.
``(5)(A) Except as otherwise provided in this paragraph,
the action which is the subject of any application described
in paragraph (1)(A) that is approved by the Secretary shall
become effective with the commencement of the academic year
succeeding the fiscal year in which the application is
approved, or at an earlier date determined by the Secretary.
``(B) If an application is treated as having been approved
by the Secretary by reason of paragraph (2)(B), the action
that is the subject of the application shall become effective
on the date that is 18 months after the date on which the
application is submitted to the Secretary, or at an earlier
date determined by the Secretary.
``SEC. 6702. NATIONAL CRITERIA FOR DORMITORY SITUATIONS.
``(a) The Secretary, in consultation with the Secretary of
the Department of Education, and in consultation with Indian
organizations and tribes, shall conduct or cause to be
conducted by contract with an Indian organization, a study of
the costs applicable to boarding arrangements for Indian
students provided in Bureau and contract and grant schools,
for the purpose of establishing national criteria for such
dormitory situations. Such criteria shall include adult-child
ratios, needs for counselors (including special needs related
to off-reservation boarding arrangements), space, and
privacy.
``(b) No later than January 1, 1996, the Secretary shall
propose such criteria, and shall distribute such proposed
criteria to the tribes and publish such proposed criteria in
the Federal Register for the purpose of receiving comments
from the tribes and other interested parties. Within eighteen
months of the date of the enactment of this Act, the
Secretary shall establish final criteria, distribute such
criteria to all the tribes, and publish such criteria in the
Federal Register. The Secretary shall revise such criteria
periodically as necessary. Any revisions to the standards
established under this section shall be developed subject to
requirements established under section 6711.
``(c) The Secretary shall begin to implement the criteria
established under this section immediately upon the date of
their establishment. No later than January 1, 1981, and at
each time thereafter that the annual budget request for
Bureau educational services is presented, the Secretary shall
submit to the appropriate committees of Congress a detailed
plan to bring all Bureau and contract boarding schools up to
the criteria established under this section. Such plan shall
include, but not be limited to, predictions for the relative
need for each boarding school in the future, detailed
information on the status of each school in relation to the
criteria established under this section, specific cost
estimates for meeting such criteria at each school, and
specific time lines for bringing each school up to the level
required by such criteria.
``(d)(1) The criteria established under this section may be
waived in the same manner as the standards provided under
section 6701(c) may be waived under section 6701(e).
``(2) No school in operation on or before January 1, 1987
(regardless of compliance or noncompliance with the criteria
established under this section) may be closed, transferred to
another authority, consolidated or have its program
substantially curtailed for failure to meet the criteria.
``(3) By no later than May 1, 1996, the Secretary shall
submit to the Congress a report detailing the costs
associated with, and the actions necessary for, complete
compliance with the criteria established under this section.
``(e) There are hereby authorized to be appropriated such
sums as may be necessary in order to bring each school up to
the level required by the criteria established under this
section.
``SEC. 6703. REGULATIONS.
``(a) The provisions of part 32 of title 25 of the Code of
Federal Regulations, as in effect on January 1, 1987, are
hereby incorporated into this Act and shall be treated as
though such provisions are set forth in this subsection.
Accordingly, such provisions may be altered only by means of
an amendment to this subsection that is contained in an Act
or joint resolution which is enacted into law. To the extent
that such provisions of part 32 do not conform with this Act
or any statutory provision of law enacted before the date of
enactment of this Act, the provisions of this Act and the
provisions of such other statutory law shall govern.
``(b) The provisions of parts 31, 33, 36, 39, 42, and 43 of
title 25 of the Code of Federal Regulations, as in effect on
January 1, 1987, shall be applied by the Federal Government
and shall not, before July 1, 1989, be amended, revoked, or
altered in any manner. No officer or employee of the
Executive Branch shall have the authority to issue any other
regulations, prior to July 1, 1989, that supersede,
supplement, or otherwise affect the provisions of such parts.
To the extent that the provisions of such parts do not
conform with this Act or any statutory provision of law
enacted before the date of enactment of this Act, the
provisions of this Act and the provisions of such other
statutory law shall govern.
``(c) After June 30, 1989, no regulation prescribed for the
application of any program provided under this title shall
become effective unless--
``(1) the regulation has been published as a proposed
regulation in the Federal Register,
``(2) an opportunity of no less than 90 days has been
afforded the public to comment on the published proposed
regulation, and
``(3) the regulation has, after such period for public
comment, been published in the Federal Register as a final
regulation.
``(d) For purposes of this section, the term `regulation'
means any rules, regulations, guidelines, interpretations,
orders, or requirements of general applicability prescribed
by any officer or employee of the Executive Branch.
``SEC. 6704. SCHOOL BOUNDARIES.
``(a) The Secretary shall, in accordance with this section,
establish separate geographical attendance areas for each
Bureau school.
``(b)(1) Except as provided in paragraph (2), on or after
July 1, 1985, no attendance area shall be changed or
established with respect to any such school unless the tribal
governing body or the local school board concerned (if so
designated by the tribal governing body) has been (i)
afforded at least six months notice of the intention of the
Bureau to change or establish such attendance area, and (ii)
given the opportunity to propose alternative boundaries. Any
tribe may petition the Secretary for revision of existing
attendance area boundaries. The Secretary shall accept such
proposed alternative or revised boundaries unless the
Secretary finds, after consultation with the affected tribe
or tribes, that such revised boundaries do not reflect the
needs of the Indian students to be served or do not provide
adequate stability to all of the affected programs.
``(2) In any case where there is more than 1 Bureau funded
school located on an Indian reservation, at the direction of
the tribal governing body, the relevant school boards of the
Bureau funded schools on the reservation may, by mutual
consent, establish the relevant attendance areas for such
schools, subject to the approval of the tribal governing
body. Any such boundaries so established shall be accepted by
the Secretary.
``(c) In any case where there is only 1 Bureau operated
program located on an Indian reservation, the attendance area
for the program shall be the boundaries of the reservation
served, and those students residing near the reservation
shall also receive services from such program.
``(d) The Bureau of Indian Affairs shall include in the
final rules the requirement that each appropriate education
line officer coordinate and consult with the affected tribes
and relevant school boards in the establishment of such
geographic boundaries.
``SEC. 6705. FACILITIES CONSTRUCTION.
``(a) The Secretary shall immediately begin to bring all
schools, dormitories, and other facilities operated by the
Bureau or under contract or grant with the Bureau in
connection with the education of Indian children into
compliance with all applicable Federal, tribal, or State
health and safety standards, whichever provide greater
protection (except that the tribal standards to be applied
shall be no greater than any otherwise applicable Federal or
State standards), and with section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. 794) and with the Americans with
Disabilities Act of 1990, except that nothing in this section
shall require termination of the operations of any facility
which does not comply with such provisions and which is in
use on the date of enactment of this Act.
``(b) By January 1, 1996, and at each time thereafter that
the annual budget request for Bureau educational services is
presented, the Secretary shall submit to the appropriate
committees of Congress a detailed plan to bring such
facilities into compliance with such standards. Such plan
shall include, but not be limited to, detailed information on
the status of each facility's compliance with such standards,
specific cost estimates for meeting such standards at each
school, and specific time lines for bringing each school into
compliance with such standards.
``(c) Within six months of the date of enactment of this
Act, the Secretary shall submit to the appropriate committees
of Congress, and publish in the Federal Register, the system
used to establish priorities for school construction
projects. At the time any budget request for school
construction is presented, the Secretary shall publish in the
Federal Register and submit with the budget request the
current list of all school construction priorities.
``(d)(1) A Bureau school may be closed or consolidated, and
the programs of a Bureau school may be substantially
curtailed, by reason of plant conditions that constitute an
immediate hazard to health and safety only if a health and
safety officer of the Bureau determines that such conditions
exist at the Bureau school.
``(2)(A) In making determinations described in paragraph
(1) before July 1, 1989, health and safety officers of the
Bureau shall use the health and safety guidelines of the
Bureau that were in effect on January 1, 1988.
``(B)(i) If--
``(I) the Secretary fails to publish in the Federal
Register in final form before July 1, 1989, and
``(II) action described in paragraph (1) is taken after
June 30, 1989, and before the date on which such regulations
are published in final form in the Federal Register by reason
of the condition of any plant,
an inspection of the condition of such plant shall be
conducted by an appropriate tribal, county, municipal, or
State health and safety officer to determine whether
conditions at such plant constitute an immediate hazard to
health and safety. Such inspection shall be completed by no
later than the date that is 30 days after the date on which
the action described in paragraph (1) is taken.
``(ii) The inspection required under clause (i) shall be
conducted by a health and safety officer designated jointly
by the Secretary and the tribes affected by the action
described in paragraph (1). If the Secretary and such tribes
are unable to agree on the designation of the health and
safety officer, the Secretary shall designate the health and
safety officer and shall provide notice of such designation
to each of such tribes before the inspection is conducted by
such officer.
``(iii) If the health and safety officer conducting an
inspection of a plant required under clause (i) determines
that conditions at the plant do not constitute an immediate
hazard to health and safety, any consolidation or curtailment
that was made by reason of conditions at the plant shall
immediately cease and any school closed by reason of
conditions at the plant shall be reopened immediately.
``(3) If--
``(A) a Bureau school is temporarily closed or
consolidated, or the programs of a Bureau school are
substantially curtailed, by reason of plant conditions that
constitute an immediate hazard to health and safety, and
``(B) the Secretary estimates that the closure,
consolidation, or curtailment will be more than 1 year in
duration,
the Secretary shall submit to the Congress, by no later than
the date that is 6 months after the date on which the
closure, consolidation, or curtailment is initiated, a report
which sets forth the reasons for such temporary actions and
the actions the Secretary is taking to eliminate the
conditions that constitute the hazard.
``(e) There are hereby authorized to be appropriated such
sums as may be necessary to carry out subsection (a).
``SEC. 6706. BUREAU OF INDIAN AFFAIRS EDUCATION FUNCTIONS.
``(a) The Secretary shall vest in the Assistant Secretary
for Indian Affairs all functions with respect to formulation
and establishment of policy and procedure, and supervision of
programs and expenditures of Federal funds for the purpose of
Indian education administered by the Bureau. The Assistant
Secretary shall carry out such functions through the Director
of the Office of Indian Education.
``(b) The Director of the Office shall direct and supervise
the operations of all personnel directly and substantially
involved with provision of education services by the Bureau,
including (but not limited to) school or institution
custodial or maintenance personnel. The Assistant Secretary
for Indian Affairs shall provide for the adequate
coordination between the affected Bureau Offices and the
Office to facilitate the consideration of all contract
functions relating to education. Except as required by
section 6709(d), nothing in this Act shall be construed to
require the provision of separate support services for Indian
education.
``(c) Education personnel who are under the direction and
supervision of the Director of the Office in accordance with
the first sentence of subsection (b) shall--
``(1) monitor and evaluate Bureau education programs,
``(2) provide all services and support functions for
education programs with respect to personnel matters
involving staffing actions and functions, and
``(3) provide technical and coordinating assistance in
areas such as procurement, contracting, budgeting, personnel,
and curriculum.
``(d)(1) The Assistant Secretary shall submit in the annual
Budget a plan--
``(A) for school facilities to be constructed under the
system required by section 6705(c);
``(B) for establishing priorities among projects and for
the improvement and repair of education facilities, which
together shall form the basis for the distribution of
appropriated funds; and
``(C) including a 5-year plan for capital improvements.
``(2) The Assistant Secretary shall establish a program,
including the distribution of appropriated funds, for the
operation and maintenance of education facilities. Such
program shall include, but not be limited to--
``(A) a method of computing the amount necessary for each
education facility;
``(B) similar treatment of all Bureau funded schools;
``(C) a notice of an allocation of appropriated funds from
the Director of the Office directly to the appropriate
education line officers; and
``(D) a system for the conduct of routine preventive
maintenance.
The appropriate education line officers shall make
arrangements for the maintenance of education facilities with
the local supervisors of the Bureau maintenance personnel who
are under the authority of the agency superintendent or area
directors, respectively. The local supervisors of Bureau
maintenance personnel shall take appropriate action to
implement the decisions made in this regard by the
appropriate education line officers, except that no funds
from this program may be authorized for expenditure unless
such appropriate education line officer is assured that the
necessary maintenance has been, or will be, provided in a
reasonable manner. Subject to the requirements of subsection
(b) of this section, nothing in this Act shall be construed
to require the provision of separate operations and
maintenance personnel for the Office.
``(3) The requirements of this subsection shall be
implemented no later than July 1, 1995.
``(e) Any other provision of law notwithstanding, the
Director shall promulgate guidelines for the establishment of
mechanisms for the acceptance of gifts and bequests for the
use of, and benefit of, particular schools or designated
Bureau operated education programs, including, where
appropriate, the establishment and administration of trust
funds. When a Bureau operated program is the beneficiary of
such a gift or bequest, the Director shall make provisions
for monitoring its use, and shall report to the appropriate
committees of Congress the amount and terms of such gift and
bequest, the use to which it is put, and any positive results
achieved by such action.
``(f) For the purpose of this section the term `functions'
includes powers and duties.
``SEC. 6707. ALLOTMENT FORMULA.
``(a) The Secretary shall establish, by regulation adopted
in accordance with section 6719, a formula for determining
the minimum annual amount of funds necessary to sustain each
Bureau funded school. In establishing such formula, the
Secretary shall consider--
``(1) the number of eligible Indian students served and
size of the school;
``(2) special cost factors, such as--
``(A) isolation of the school;
``(B) need for special staffing, transportation, or
educational programs;
``(C) food and housing costs;
``(D) maintenance and repair costs associated with the
physical condition of the educational facilities;
``(E) special transportation and other costs of isolated
and small schools;
``(F) the costs of boarding arrangements, where determined
necessary by a tribal governing body or designated local
school board;
``(G) costs associated with greater lengths of service by
educational personnel; and
``(H) special programs for gifted and talented students;
``(3) the cost of providing academic services which are at
least equivalent to those provided by public schools in the
State in which the school is located; and
``(4) such other relevant factors as the Secretary
determines are appropriate.
Upon the establishment of the standards required by sections
6701 and 6702 of this Act, the Secretary shall revise the
formula established under this subsection to reflect the cost
and funding standards so established. Prior to January 1,
1995, the Secretary shall review the formula established
under this section and shall take such steps as may be
necessary to increase the availability of counseling services
for students in off-reservation boarding schools and other
Bureau operated residential facilities. Concurrent with such
action, the Secretary shall review the standards established
under section 6701 of this title to be certain that adequate
provision is made for parental notification regarding, and
consent for, such counseling services.
``(b) Notwithstanding any other provisions of law, Federal
funds appropriated for the general local operation of Bureau
funded schools, shall be allotted pro rata in accordance with
the formula established under subsection (a).
``(c)(1) For fiscal year 1990, and for each subsequent
fiscal year, the Secretary shall adjust the formula
established under subsection (a) to--
``(A) use a weighted unit of 1.2 for each eligible Indian
student enrolled in the seventh and eighth grades of the
school in considering the number of eligible Indian students
served by the school;
``(B) consider a school with an enrollment of less than 50
eligible Indian students as having an average daily
attendance of 50 eligible Indian students for purposes of
implementing the adjustment factor for small schools; and
``(C) take into account the provision of residential
services on a less than 9-month basis at a school when the
school board and supervisor of the school determine that a
less than 9-month basis will be implemented for the school
year involved.
``(2)(A) The Secretary shall reserve for national school
board training 0.2 percent of the funds appropriated for each
fiscal year for distribution under this section. Such
training shall be conducted through the same organizations
through which, and in the same manner in which, the training
was conducted in fiscal year 1992. If the contract for such
training is not awarded before May 1 of each fiscal year, the
contract under which such training was provided for the
fiscal year preceding such fiscal year shall be renewed by
the Secretary for such fiscal year. The agenda for the
training sessions shall be established by the school boards
through their regional or national organizations.
``(B) For each year in which the Secretary uses a weighted
unit formula established under subsection (a) to fund Bureau
schools, a Bureau school which generates less than 168
weighted units shall receive an additional 2 weighted units
to defray school board activities.
``(C) From the funds allotted in accordance with the
formula established under subsection (a) for each Bureau
school, the local school board of such school may reserve an
amount which does not exceed the greater of--
``(i) $5,000, or
``(ii) the lesser of--
``(I) $15,000, or
``(II) 1 percent of such allotted funds,
for school board activities for such school, including but
not limited to, and notwithstanding any other provision of
law, meeting expenses and the cost of membership in, and
support of, organizations engaged in activities on behalf of
Indian education.
``(3)(A) The Secretary shall adjust the formula established
under subsection (a) to use a weighted unit of 2.0 for each
eligible Indian student that--
``(i) is gifted and talented (as determined pursuant to
section 6204 of the Indian Education Act of 1988), and
``(ii) is enrolled in the school on a full-time basis,
in considering the number of eligible Indian students served
by the school.
``(B) The adjustment required under subparagraph (A) shall
be used for the later of the following fiscal years and for
each fiscal year succeeding such later fiscal year:
``(i) the second fiscal year succeeding the fiscal year in
which the Secretary of Education makes the report required
under section 6204(c)(6)(B) of the Indian Education Act of
1988, or
``(ii) the first fiscal year for which an increase in the
amount of funds appropriated for allotment under this section
is designated by the law that appropriates such funds as the
amount necessary to implement such adjustment without
reducing allotments made under this section to any school.
``(d) The Secretary shall reserve from the funds available
for distribution for each fiscal year under this section an
amount which, in the aggregate, shall equal 1 percent of the
funds available for such purpose for that fiscal year. Such
funds shall be used, at the discretion of the Director of the
Office, to meet emergencies and unforeseen contingencies
affecting the education programs funded under this section.
Funds reserved under this subsection may only be expended for
education services or programs at a schoolsite (as defined in
section 5204(c)(2) of the Tribally Controlled Schools Act of
1988). Funds reserved under this subsection shall remain
available without fiscal year limitation until expended.
However, the aggregate amount available from all fiscal years
may not exceed 1 percent of the current year funds. Whenever
the Secretary makes funds available under this subsection,
the Secretary shall report such action to the appropriate
committees of Congress within the annual budget submission.
``(e) Supplemental appropriations enacted to meet increased
pay costs attributable to school level personnel shall be
distributed under this section.
``(f) In this section `eligible Indian student' means a
student who--
``(1) is a member of or is at least a \1/4\ degree Indian
blood descendant of a member of an Indian tribe which is
eligible for the special programs and services provided by
the United States through the Bureau of Indian Affairs to
Indians because of their status as Indians, and
``(2) resides on or near an Indian reservation or meets the
criteria for attendance at a Bureau off-reservation boarding
school.
``(g)(1) An eligible Indian student may not be charged
tuition for attendance at a Bureau or contract school. A
student attending a Bureau school under clause (2)(C) of this
subsection may not be charged tuition.
``(2) The Secretary may permit the attendance at a Bureau
school of a student who is not an eligible Indian student
if--
``(A) the Secretary determines that the student's
attendance will not adversely affect the school's program for
eligible Indian students because of cost, overcrowding, or
violation of standards,
``(B) the school board consents, and
``(C) the student is a dependent of a Bureau, Indian Health
Service, or tribal government employee who lives on or near
the school site, or
``(D) a tuition is paid for the student that is not more
than that charged by the nearest public school district for
out-of-district students. The tuition collected is in
addition to the school's allocation under this section.
``(3) The school board of a contract school or grant school
may permit students who are not eligible Indian students
under this subsection to attend its contract school or grant
school and any tuition collected for those students is in
addition to funding under this section.
``(h)(1) The Secretary shall conduct, through contact or
cooperative agreement with an entity having proven expertise
in the field of school finance, and after consultation with
tribes and national Indian organizations, a study to
determine the feasibility and desirability of changing the
method of financing for Bureau funded schools from the
weighted student unit formula method in effect on the date of
enactment of this Act to a school based budget system of
financing. The Assistant Secretary shall take such steps as
are necessary to immediately implement this provision.
``(2) For the purposes of this study, the term `school-
based budget system' means a system based upon an initial
determination, at each school site, of the number of students
who shall be served at the site, the needs of those students,
the standards which will best meet those needs (including any
standards or conditions reflecting local community input and
the program developed under this part), the personnel profile
necessary to establish such program and the cost (determined
on an actual basis) of funding such a program. Such a system
would include procedures to aggregate the determinations for
each school site to determine the amount needed to fund all
Bureau-funded schools, to prepare a budget submission based
upon such aggregate and would provide for a mechanism for
distributing such sums as may be appropriated based upon the
determination at each school site.
``(3) No later than January 20, 1996, the Secretary shall
transmit to the Committees on Education and Labor and
Appropriations of the House of Representatives and the
Committees on Indian Affairs and Appropriations of the Senate
of the United States the study required under this
subsection, along with any views or comments of the Secretary
on such study.
``(i) Any other provision of law notwithstanding, at the
election of the school board made at any time during the
fiscal year, a portion equal to no more than 15 percent of
the funds allocated with respect to a school under this
section for any fiscal year shall remain available to the
school for expenditure without fiscal year limitation. The
Assistant Secretary shall take steps as may be necessary to
implement this provision immediately.
``(j) Tuition for the out-of-State students boarding at the
Richfield Dormitory in Richfield, Utah, who attend Sevier
County high schools in Richfield, Utah, may be paid from the
Indian School Equalization Program funds at a rate not to
exceed the amount per Weighted Student Unit for that year for
instruction. No additional administrative cost funds will be
added to the grant.
``SEC. 6708. ADMINISTRATIVE COST GRANTS.
``(a)(1) The Secretary shall, subject to the availability
of appropriated funds, provide grants to each tribe or tribal
organization operating a contract or grant school in the
amount determined under this section with respect to the
tribe or tribal organization for the purpose of paying the
administrative and indirect costs incurred in operating
contract schools in order to--
``(A) enable tribes and tribal organizations operating such
schools, without reducing direct program services to the
beneficiaries of the program, to provide all related
administrative overhead services and operations necessary to
meet the requirements of law and prudent management practice,
and
``(B) carry out other necessary support functions which
would otherwise be provided by the Secretary or other Federal
officers or employees, from resources other than direct
program funds, in support of comparable Bureau operated
programs.
``(2) Amounts appropriated to fund the grants provided
under this section shall be in addition to, and shall not
reduce, the amounts appropriated for the program being
administered by the contract schools.
``(b)(1) The amount of the grant provided to each tribe or
tribal organization under this section for each fiscal year
shall be determined by applying the administrative cost
percentage rate of the tribe or tribal organization to the
aggregate of the Bureau elementary and secondary functions
operated by the tribe or tribal organization for which funds
are received from or through the Bureau. The administrative
cost percentage rate determined under subsection (c) does not
apply to other programs operated by the tribe or tribal
organization.
``(2) The Secretary shall--
``(A) reduce the amount of the grant determined under
paragraph (1) to the extent that payments for administrative
costs are actually received by an Indian tribe or tribal
organization under any Federal education program included in
the direct cost base of the tribe or tribal organization, and
``(B) take such actions as may be necessary to be
reimbursed by any other department or agency of the Federal
Government for the portion of grants made under this section
for the costs of administering any program for Indians that
is funded by appropriations made to such other department or
agency.
``(c) For purposes of this section, the administrative cost
percentage rate for a contract or grant school for a fiscal
year is equal to the percentage determined by dividing--
``(1) the sum of--
``(A) the amount equal to--
``(i) the direct cost base of the tribe or tribal
organization for the fiscal year, multiplied by
``(ii) the minimum base rate, plus
``(B) the amount equal to--
``(i) the standard direct cost base, multiplied by
``(ii) the maximum base rate, by
``(2) the sum of--
``(A) the direct cost base of the tribe or tribal
organization for the fiscal year, plus
``(B) the standard direct cost base.
The administrative cost percentage rate shall be determined
to the \1/100\ of a decimal point.
``(d)(1)(A) Funds received by a tribe or contract or grant
school as grants under this section for tribal elementary or
secondary educational programs may be combined by the tribe
or contract school into a single administrative cost account
without the necessity of maintaining separate funding source
accounting.
``(B) Indirect cost funds for programs at the school which
share common administrative services with tribal elementary
or secondary educational programs may be included in the
administrative cost account described in subparagraph (A).
``(2) Funds received as grants under this section with
respect to tribal elementary or secondary education programs
shall remain available to the contract or grant school
without fiscal year limitation and without diminishing the
amount of any grants otherwise payable to the school under
this section for any fiscal year beginning after the fiscal
year for which the grant is provided.
``(3) Funds received as grants under this section for
Bureau funded programs operated by a tribe or tribal
organization under a contract or agreement shall not be taken
into consideration for purposes of indirect cost
underrecovery and overrecovery determinations by any Federal
agency for any other funds, from whatever source derived.
``(4) In applying this section and section 106 of the
Indian Self-Determination and Education Assistance Act with
respect to an Indian tribe or tribal organization that--
``(A) receives funds under this section for administrative
costs incurred in operating a contract school or a school
operated under the Tribally Controlled Schools Act of 1988,
and
``(B) operates 1 or more other programs under a contract or
grant provided under the Indian Self-Determination and
Education Assistance Act,
the Secretary shall ensure that the Indian tribe or tribal
organization is provided with the full amount of the
administrative costs, and of the indirect costs, that are
associated with operating the contract school, a school
operated under the Tribally Controlled Schools Act of 1988,
and all of such other programs, except that funds
appropriated for implementation of this section shall be used
only to supply the amount of the grant required to be
provided by this section.
``(e) For purposes of this section--
``(1)(A) The term `administrative cost' means the costs of
necessary administrative functions which--
``(i) the tribe or tribal organization incurs as a result
of operating a tribal elementary or secondary educational
program,
``(ii) are not customarily paid by comparable Bureau
operated programs out of direct program funds, and
``(iii) are either--
``(I) normally provided for comparable Bureau programs by
Federal officials using resources other than Bureau direct
program funds, or
``(II) are otherwise required of tribal self-determination
program operators by law or prudent management practice.
``(B) The term `administrative cost' may include, but is
not necessarily limited to--
``(i) contract (or other agreement) administration;
``(ii) executive, policy, and corporate leadership and
decisionmaking;
``(iii) program planning, development, and management;
``(iv) fiscal, personnel, property, and procurement
management;
``(v) related office services and record keeping; and
``(vi) costs of necessary insurance, auditing, legal,
safety and security services.
``(2) The term `Bureau elementary and secondary functions'
means--
``(A) all functions funded at Bureau schools by the Office
of Indian Education Programs of the Bureau;
``(B) all programs--
``(i) funds for which are appropriated to other agencies of
the Federal Government, and
``(ii) which are administered for the benefit of Indians
through Bureau schools; and
``(C) all operation, maintenance, and repair funds for
facilities and government quarters used in the operation or
support of elementary and secondary education functions for
the benefit of Indians, from whatever source derived.
``(3) The term `tribal elementary or secondary educational
programs' means all Bureau elementary and secondary
functions, together with any other Bureau programs or
portions of programs (excluding funds for social services
that are appropriated to agencies other than the Bureau and
are expended through the Bureau, funds for major
subcontracts, construction, and other major capital
expenditures, and unexpended funds carried over from prior
years) which share common administrative cost functions, that
are operated directly by a tribe or tribal organization under
a contract or agreement with the Bureau.
``(4)(A) Except as otherwise provided in this paragraph,
the direct cost base of a tribe or tribal organization for
the fiscal year is the aggregate direct cost program funding
for all tribal elementary or secondary educational programs
operated by the tribe or tribal organization during--
``(i) the second fiscal year preceding such fiscal year, or
``(ii) if such programs have not been operated by the tribe
or tribal organization during the 2 preceding fiscal years,
the first fiscal year preceding such fiscal year.
``(B) In the case of Bureau elementary or secondary
education functions which have not previously been operated
by a tribe or tribal organization under contract or agreement
with the Bureau, the direct cost base for the initial year
shall be the projected aggregate direct cost program funding
for all Bureau elementary and secondary functions to be
operated by the tribe or tribal organization during that
fiscal year.
``(5) The term `maximum base rate' means 50 percent.
``(6) The term `minimum base rate' means 11 percent.
``(7) The term `standard direct cost base' means $600,000.
``(f)(1) Upon the enactment of the Indian Education
Amendments of 1988, the Secretary shall--
``(A) conduct such studies as may be needed to establish an
empirical basis for determining relevant factors
substantially affecting the required administrative costs of
tribal elementary and secondary educational programs, using
the formula set forth in subsection (c), and
``(B) a study to determine--
``(i) a maximum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of
the smallest tribal elementary or secondary educational
programs,
``(ii) a minimum base rate which ensures that the amount of
the grants provided under this section will provide adequate
(but not excessive) funding of the administrative costs of
the largest tribal elementary or secondary educational
programs, and
``(iii) a standard direct cost base which is the aggregate
direct cost funding level for which the percentage determined
under subsection (c) will--
``(I) be equal to the median between the maximum base rate
and the minimum base rate, and
``(II) ensure that the amount of the grants provided under
this section will provide adequate (but not excessive)
funding of the administrative costs of tribal elementary or
secondary educational programs closest to the size of the
program.
``(2) The studies required under paragraph (1) shall--
``(A) be conducted in full consultation (in accordance with
section 1130) with--
``(i) the tribes and tribal organizations that are affected
by the application of the formula set forth in subsection
(c), and
``(ii) all national and regional Indian organizations of
which such tribes and tribal organizations are typically
members;
``(B) be conducted on-site at a representative statistical
sample of the tribal elementary or secondary educational
programs under a contract entered into with a nationally
reputable public accounting and business consulting firm;
``(C) take into account the availability of skilled labor,
commodities, business and automatic data processing services,
related Indian preference and Indian control of education
requirements, and any other market factors found
substantially to affect the administrative costs and
efficiency of each such tribal elementary or secondary
educational program studied in order to assure that all
required administrative activities can reasonably be
delivered in a cost effective manner for each such program,
given an administrative cost allowance generated by the
values, percentages, or other factors found in the studies to
be relevant in such formula;
``(D) identify, and quantify in terms of percentages of
direct program costs, any general factors arising from
geographic isolation, or numbers of programs administered,
independent of program size factors used to compute a base
administrative cost percentage in such formula; and
``(E) identify any other incremental cost factors
substantially affecting the costs of required administrative
cost functions at any of the tribal elementary or secondary
educational programs studied and determine whether the
factors are of general applicability to other such programs,
and (if so) how they may effectively be incorporated into
such formula.
``(3) In carrying out the studies required under this
subsection, the Secretary shall obtain the input of, and
afford an opportunity to participate to, the Inspector
General of the Department of the Interior.
``(4) Determinations described in paragraph (2)(C) shall be
based on what is pragmatically possible to do at each
location studied, given prudent management practice,
irrespective of whether required administrative services were
actually or fully delivered at these sites, or other services
were delivered instead, during the period of the study.
``(5) Upon completion of the studies conducted under
paragraph (1), but in no case later than October 1, 1989, the
Secretary shall submit to the Congress a report on the
findings of the studies, together with determinations based
upon such findings that would affect the definitions of terms
used in the formula that is set forth in subsection (c).
``(6) The Secretary shall include in the Bureau's
justification for each appropriations request for each fiscal
year beginning after fiscal year 1989, a projection of the
overall costs associated with the formula set forth in
subsection (c) for all tribal elementary or secondary
educational programs which the Secretary expects to be funded
in the fiscal year for which the appropriations are sought.
``(7) For purposes of this subsection, the size of tribal
elementary or secondary educational programs is determined by
the aggregate direct cost program funding level for all
Bureau funded programs which share common administrative cost
functions.
``(g)(1) There are authorized to be appropriated for each
fiscal year such sums as may be necessary to carry out the
provisions of this section.
``(2) If the total amount of funds necessary to provide
grants to tribes and tribal organizations in the amounts
determined under subsection (b) for a fiscal year exceeds the
amount of funds appropriated to carry out this section for
such fiscal year, the Secretary shall reduce the amount of
each grant determined under subsection (b) for such fiscal
year by an amount that bears the same relationship to such
excess as the amount of such grant determined under
subsection (b) bears to the total of all grants determined
under subsection (b) for all tribes and tribal organizations
for such fiscal year.
``(h)(1) Notwithstanding any other provision of this
section, the amount of the grants provided under this section
for fiscal year 1989 shall--
``(A) in lieu of being determined under subsection (b), be
determined for each tribal elementary or secondary
educational program on the same basis that indirect costs
were determined for such programs for fiscal year 1988, and
``(B) be subject to the provisions of subsection (d).
``(2) Notwithstanding any other provision of this section,
the amount of the grant provided under this section for
fiscal year 1990 with respect to each tribal elementary and
secondary educational program that was operated by a tribe or
tribal organization in fiscal year 1989 shall be equal to--
``(A) if the amount of the grant determined under
subsection (b) for fiscal year 1990 with respect to such
program exceeds the amount received by the tribe or tribal
organization with respect to such program for administrative
costs for fiscal year 1988 (or fiscal year 1989 if such
program was not operated by the tribe or tribal organization
during fiscal year 1988), the sum of--
``(i) such amount received, plus
``(ii) \1/3\ of the excess of--
``(I) such amount determined under subsection (b), over
``(II) such amount received, or
``(B) if such amount received exceeds such amount
determined under subsection (b), the excess of--
``(i) such amount received, over
``(ii) an amount equal to \1/3\ of the excess of--
``(I) such amount received, over
``(II) such amount determined under subsection (b).
``(3) Notwithstanding any other provision of this section,
the amount of the grants provided under this section for
fiscal year 1991 with respect to each tribal elementary and
secondary educational program that was operated by a tribe or
tribal organization in fiscal year 1989 shall be equal to--
``(A) if the amount of the grant determined under
subsection (b) for fiscal year 1991 with respect to such
program exceeds the amount received by the tribe or tribal
organization with respect to such program for administrative
costs for fiscal year 1990, the sum of--
``(i) such amount received, plus
``(ii) \1/2\ of the excess of--
``(I) such amount determined under subsection (b), over
``(II) such amount received, or
``(B) if such amount received exceeds such amount
determined under subsection (b), the excess of--
``(i) such amount received, over
``(ii) an amount equal to \1/2\ of the excess of--
``(I) such amount received over,
``(II) such amount determined under subsection (b).
``(i) The provisions of this section shall also apply to
those schools operating under the Tribally Controlled Schools
Act of 1988.
``SEC. 6709. BUDGET PREPARATION AND SUBMISSION.
``(a) For each fiscal year beginning after October 1, 1994,
and ending before October 1, 1998, the Secretary shall enter
into an interagency agreement with the Secretary of Education
for the purpose of carrying out this section. The Secretary
shall take such actions as are necessary to transfer
information requested by the Secretary of Education or the
entity designated under subsection (b) of this section needed
to carry out this section in a timely and accurate fashion.
``(b) The Secretary of Education, through the National
Center for Education Statistics, shall prepare and submit to
Congress the study set forth in subsection (c) of this
section no later than January 20, 1995, and January 20 of
each of the next 3 succeeding years. The Secretary of
Education shall transmit the report directly and without
substantive amendment to the Secretary of the Interior, the
Assistant Secretary for Indian Affairs of the Department of
the Interior, and the Committees on Education and Labor and
Appropriations of the House of Representatives and the
Committees on Indian Affairs and Appropriations of the Senate
of the United States.
``(c)(1) The National Center for Educational Statistics
(hereinafter referred to as the `Center') shall prepare for
each of the fiscal years covered under subsection (a) of this
section a report on the amount needed to achieve academic and
residential programs set forth in this part for Bureau-funded
schools funded under section 6707. Such study shall be based
on (A) the standards developed and implemented for Bureau-
funded schools under section 6701 and 6702 of this part or
such other standards as may apply to Bureau-funded contract
schools or schools funded under the Tribally Controlled
Schools Act of 1988, (B) the student count and
characteristics of such schools, as determined pursuant to
the formula developed and implemented pursuant to section
6707 of this part for the preceding academic year, adjusted
for any changes in student demographics which the Center may
project, (C) the employee statistics with respect to such
schools for the preceding fiscal year, and (D) such other
factors as the Center may set forth, including but not
limited to age or physical condition of the schools and
changes in isolation.
``(2) Each study shall include a total projected cost for
attaining the standards set forth under paragraph (1), and
shall presume compliance with those standards. Such study
shall also include a projection of the cost for meeting such
standards for each Bureau-funded school. Such study shall
also include a report on any shortfall in the amount needed
to fund Bureau-funded schools, as determined by the study
conducted pursuant to this section and the appropriations
amount requested and enacted for the period covered by the
study.
``(d)(1) Within 24 months of the date of enactment of this
Act, the Secretary shall establish within the Office of
Indian Education Programs a Division of Budget Analysis
(hereinafter referred to as the `Division'). Such Division
shall be under the direct supervision and control of the
Director of the Office.
``(2) The Division shall have the capacity to conduct such
studies, surveys, or other activities as are necessary to
gather demographic information on Bureau-funded schools
(current and future) and project the amount necessary to
provide Indian students in such schools the educational
program set forth in this part.
``(3) The Division shall prepare projections on such
amounts, along with such other information as the Director of
the Office shall require, for each fiscal year beginning
after October 1, 1996. The Director of the Office and the
Assistant Secretary for Indian Affairs shall use such reports
when preparing their annual budget submissions.
``SEC. 6710. UNIFORM DIRECT FUNDING AND SUPPORT.
``(a)(1) Within six months after the date of enactment of
this Act, the Secretary shall establish, by regulation
adopted in accordance with section 6719, a system for the
direct funding and support of all Bureau-funded schools. Such
system shall allot funds, in accordance with section 6707.
Amounts appropriated for distribution under this section may
be made available under paragraph (2) or under paragraph (3),
as provided in the appropriation Act.
``(2)(A) For the purpose of affording adequate notice of
funding available pursuant to the allotments made by section
6707, amounts appropriated in an appropriation Act for any
fiscal year shall become available for obligation by the
affected schools on July 1 of the fiscal year in which they
are appropriated without further action by the Secretary, and
shall remain available for obligation through the succeeding
fiscal year.
``(B) The Secretary shall, on the basis of the amount
appropriated in accordance with this paragraph--
``(i) publish, on July 1 preceding the fiscal year for
which the funds are appropriated, allotments to each affected
school made under section 6707 of 85 percent of such
appropriation; and
``(ii) publish, no later than September 30 of such
preceding fiscal year, the allotments to be made under
section 6707 of the remaining 15 percent of such
appropriation, adjusted to reflect actual student attendance.
``(3) Notwithstanding any law or regulation, the supervisor
of a Bureau school may expend an aggregate of no more than
$35,000 of the amount allotted the school under section 6707
to acquire supplies and equipment for the school without
competitive bidding if--
``(A) the cost for any single item purchased does not
exceed $10,000;
``(B) the school board approves the procurement;
``(C) the supervisor certifies that the cost is fair and
reasonable;
``(D) the documents relating to the procurement executed by
the supervisor or other school staff cite this paragraph as
authority for the procurement; and
``(E) the transaction is documented in a journal maintained
at the school clearly identifying when the transaction
occurred, what was acquired and from whom, the prices paid,
the quantities acquired, and any other information the
supervisor or school board considers relevant.
The Director shall be responsible for determining the
application of this paragraph, including the authorization of
specific individuals to carry out this authority, and shall
be responsible for the provision of guidelines on the use of
this authority and adequate training on such guidelines.
``(4) If a sequestration order issued under the Balanced
Budget and Emergency Deficit Control Act of 1985 reduces the
amount of funds available for allotment under section 6707
for any fiscal year by more than 7 percent of the amount of
funds available for allotment under such section during the
preceding fiscal year--
``(A) the Secretary may, notwithstanding any other
provision of law, use--
``(i) funds appropriated for the operation of any Bureau
school that is closed or consolidated, and
``(ii) funds appropriated for any program that has been
curtailed at any Bureau school,
to fund allotments made under section 6707, and
``(B) the Secretary may waive the application of the
provisions of section 6701(h) with respect to the closure or
consolidation of a school, or the curtailment of a program at
a school, during such fiscal year if the funds described in
clauses (i) and (ii) of subparagraph (A) with respect to such
school are used to fund allotments made under section 6707
for such fiscal year.
``(b) In the case of all Bureau schools, allotted funds
shall be expended on the basis of local financial plans which
shall be prepared by the local school supervisor in active
consultation with the local school board for each school, and
the local school board for each school shall have the
authority to ratify, reject, or amend such financial plan,
and expenditures thereunder, and, on its own determination or
in response to the supervisor of the school, to revise such
financial plan to meet needs not foreseen at the time of
preparation of the financial plan. The supervisor shall
provide the appropriate union representative of the education
employees with copies of proposed draft financial plans and
all amendments or modifications thereto, at the same time
they are submitted to the local school board. The supervisor
of the school may appeal any such action of the local school
board to the appropriate education officer of the Bureau
agency by filing a written statement describing the action
and the reasons the supervisor believes such action should be
overturned. A copy of such statement shall be submitted to
the local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the appropriate
education officer may, for good cause, overturn the action of
the local school board. The appropriate education officer
shall transmit the determination of such appeal in the form
of a written opinion to such board and to such supervisor
identifying the reasons for overturning such action.
``(c) Funds for self-determination grants under section
103(a)(2) of the Indian Self-Determination and Education
Assistance Act shall not be used for providing technical
assistance and training in the field of education by the
Bureau unless such services are provided in accordance with a
plan, agreed to by the tribe or tribes affected and the
Bureau, under which control of education programs is intended
to be transferred to such tribe or tribes within a specific
period of time negotiated under such agreement. The Secretary
may approve applications for funding tribal divisions of
education and the development of tribal codes of education
from funds appropriated pursuant to section 104(a) of such
Act.
``(d) In the exercise of its authority under this section,
a local school board may request technical assistance and
training from the Secretary, and he shall, to the greatest
extent possible, provide such services, and make appropriate
provisions in the budget of the Office for such services.
``(e)(1) A financial plan under subsection (b) for a school
may include, at the discretion of the local administrator and
the school board of such school, a provision for a summer
program of academic and support services for students of the
school. Any such program may include activities related to
the prevention of alcohol and substance abuse. The Assistant
Secretary of Indian Affairs shall provide for the utilization
of any such school facility during any summer in which such
utilization is requested.
``(2) Notwithstanding any other provision of law, funds
authorized under the Act of April 16, 1934 (25 U.S.C. 452 et
seq.) and the Indian Education Act may be used to augment the
services provided in each summer program at the option, and
under the control, of the tribe or Indian controlled school
receiving such funds.
``(3) The Assistant Secretary of Indian Affairs, acting
through the Director of the Office of Indian Education
Programs, shall provide technical assistance and coordination
for any program described in paragraph (1) and shall, to the
extent possible, encourage the coordination of such programs
with any other summer programs that might benefit Indian
youth, regardless of the funding source or administrative
entity of any such program.
``(f)(1) From funds allotted to a Bureau school under
section 6707, the Secretary shall, if specifically requested
by the tribal governing body (within the meaning of section
6701(k)), implement any cooperative agreement entered into
between the tribe, the Bureau school board, and the local
public school district which meets the requirements of
paragraph (2) and involves the school. The tribe, the Bureau
school board, and the local public school district shall
determine the terms of the agreement. Such agreement may
encompass coordination of all or any part of the following:
``(A) Academic program and curriculum, unless the Bureau
school is currently accredited by a State or regional
accrediting entity and would not continue to be so
accredited.
``(B) Support services, including procurement and
facilities maintenance.
``(C) Transportation.
``(2) Each agreement entered into pursuant to the authority
provided in paragraph (1) shall confer a benefit upon the
Bureau school commensurate with the burden assumed, though
this requirement shall not be construed so as to require
equal expenditures or an exchange of similar services.
``(g) Any other provision of law notwithstanding, where
there is agreement on such action between the superintendent
and school board of a B.I.A. funded school, the product or
result of a project conducted in whole or in major part by a
student may be given to that student upon the completion of
said project.
``(h) Notwithstanding any other provision of law, funds
received by Bureau funded schools under this title shall not
be considered Federal funds for purposes of meeting a match
requirement in any Federal program.
``SEC. 6711. POLICY FOR INDIAN CONTROL OF INDIAN EDUCATION.
``(a) It shall be the policy of the the Secretary and the
Bureau, in carrying out the functions of the Bureau, to
facilitate Indian control of Indian affairs in all matters
relating to education.
``(b)(1) All actions under this Act shall be done with
active consultation with tribes.
``(2) The consultation required under paragraph (1) means a
process involving the open discussion and joint deliberation
of all options with respect to potential issues or changes
between the Bureau and all interested parties. During such
discussions and joint deliberations, interested parties
(including, but not limited to, tribes and school officials)
shall be given an opportunity to present issues including
proposals regarding changes in current practices or programs
which will be considered for future action by the Bureau. All
interested parties shall be given an opportunity to
participate and discuss the options presented or to present
other alternatives, with the views and concerns of the
interested parties given effect unless the Secretary
determines, from information educed or presented by the
interested parties during 1 or more of the discussions and
deliberations, that there is a substantial reason for another
course of action. The Secretary shall submit to any Member of
Congress, within 18 days of the receipt of a written request
by such Member, a written explanation of any decision made by
the Secretary which is not consistent with the views of the
interested parties.
``SEC. 6712. EDUCATION PERSONNEL.
``(a)(1) Chapter 51, subchapter III of chapter 53, and
chapter 63 of title 5, United States Code, relating to leave,
pay, and classification, and the sections relating to the
appointment, promotion and removal of civil service
employees, shall not apply to educators or to education
positions (as defined in subsection (n)).
``(2) Paragraph (1) shall take effect 1 year after the date
of enactment of this Act.
``(b) Not later than the effective date of subsection
(a)(2), the Secretary shall prescribe regulations to carry
out this section. Such regulations shall govern--
``(1) the establishment of education positions,
``(2) the establishment of qualifications for educators,
``(3) the fixing of basic compensation for educators and
education positions,
``(4) the appointment of educators,
``(5) the discharge of educators,
``(6) the entitlement of educators to compensation,
``(7) the payment of compensation to educators,
``(8) the conditions of employment of educators,
``(9) the length of the school year applicable to education
positions described in subsection (n)(1)(A),
``(10) the leave system for educators, and
``(11) such other matters as may be appropriate.
``(c)(1) In prescribing regulations to govern the
qualifications of educators, the Secretary shall require--
``(A)(i) that lists of qualified and interviewed applicants
for education positions be maintained in each agency and area
office of the Bureau from among individuals who have applied
at the agency or area level for an education position or who
have applied at the national level and have indicated in such
application an interest in working in certain areas or
agencies; and
``(ii) that a list of qualified and interviewed applicants
for education positions be maintained in the Office from
among individuals who have applied at the national level for
an education position and who have expressed interest in
working in an education position anywhere in the United
States;
``(B) that a local school board shall have the authority to
waive on a case-by-case basis, any formal education or degree
qualifications established by regulation pursuant to
subsection (b)(2), in order for a tribal member to be hired
in an education position to teach courses on tribal culture
and language and that subject to subsection (d)(2)(A), a
determination by a school board that such a person be hired
shall be followed by the supervisor; and
``(C) that it shall not be a prerequisite to the employment
of an individual in an education position at the local level
that such individual's name appear on the national list
maintained pursuant to subsection (c)(1)(A)(ii) or that such
individual has applied at the national level for an education
position.
``(2) The Secretary may authorize the temporary employment
in an education position of an individual who has not met the
certification standards established pursuant to regulations,
if the Secretary determines that failure to do so would
result in that position remaining vacant.
``(d)(1) In prescribing regulations to govern the
appointment of educators, the Secretary shall require--
``(A)(i) that educators employed in a school (other than
the supervisor of the school) shall be hired by the
supervisor of the school unless there are no qualified
applicants available, in which case the vacant position shall
be filed at the national level from the list maintained
pursuant to subsection (c)(1)(A)(ii);
``(ii) each school supervisor shall be hired by the
superintendent for education of the agency office of the
Bureau in which the school is located, and
``(iii) educators employed in an agency office of the
Bureau shall be hired by the superintendent for education of
the agency office;
``(B) that before an individual is employed in an education
position in a school by the supervisor of a school (or, with
respect to the position of supervisor, by the appropriate
agency superintendent for education), the local school board
for the school shall be consulted, and that subject to
subsection (d)(2), a determination by the school board that
such individual should or should not be so employed shall be
followed by the supervisor (or with respect to the position
of supervisor, by the agency superintendent for education);
and
``(C) that before an individual may be employed in an
education position at the agency level, the appropriate
agency school board shall be consulted, and that, subject to
subsection (d)(3), a determination by such school board that
such individual should or should not be employed shall be
followed by the agency superintendent for education.
``(2)(A) The supervisor of a school may appeal to the
appropriate agency superintendent for education any
determination by the local school board for the school that
an individual be employed, or not be employed, in an
education position in the school (other than that of
supervisor) by filing a written statement describing the
determination and the reasons the supervisor believes such
determination should be overturned. A copy of such statement
shall be submitted to the local school board and such board
shall be afforded an opportunity to respond, in writing, to
such appeal. After reviewing such written appeal and
response, the superintendent may, for good cause, overturn
the determination of the local school board. The
superintendent shall transmit the determination of such
appeal in the form of a written opinion to such board and to
such supervisor identifying the reasons for overturning such
determination.
``(B) The superintendent for education of an agency office
of the Bureau may appeal to the Director of the Office any
determination by the local school board for the school that
an individual be employed, or not be employed, as the
supervisor of a school by filing a written statement
describing the determination and the reasons the supervisor
believes such determination should be overturned. A copy of
such statement shall be submitted to the local school board
and such board shall be afforded an opportunity to respond,
in writing, to such appeal. After reviewing such written
appeal and response, the Director may, for good cause,
overturn the determination of the local school board. The
Director shall transmit the determination of such appeal in
the form of a written opinion to such board and to such
superintendent identifying the reasons for overturning such
determination.
``(3) The superintendent for education of an agency office
of the Bureau may appeal to the Director of the Office any
determination by the agency school board that an individual
be employed, or not be employed, in an education position in
such agency office by filing a written statement describing
the determination and the reasons the supervisor believes
such determination should be overturned. A copy of such
statement shall be submitted to the agency school board and
such board shall be afforded an opportunity to respond, in
writing, to such appeal. After reviewing such written appeal
and response, the Director may, for good cause, overturn the
determination of the agency school board. The Director shall
transmit the determination of such appeal in the form of a
written opinion to such board and to such superintendent
identifying the reasons for overturning such determination.
``(4) Any individual who applies at the local level for an
education position shall state on such individual's
application whether or not such individual has applied at the
national level for an education position in the Bureau. If
such individual is employed at the local level, such
individual's name shall immediately be forwarded to the
Secretary, who shall, as soon as possible but in no event in
more than thirty days, ascertain the accuracy of the
statement made by such individual pursuant to the first
sentence of this subparagraph. If the individual's statement
is found to have been false, such individual, at the
Secretary's discretion, may be disciplined or discharged. If
the individual had applied at the national level for an
education position in the Bureau, if the appointment of such
individual at the local level shall be conditional for a
period of ninety days, during which period the Secretary may
appoint a more qualified individual (as determined by the
Secretary) from the list maintained at the national level
pursuant to subsection (c)(1)(A)(ii) to the position to which
such individual was appointed.
``(5) Except as expressly provided, nothing in this section
shall be construed as conferring upon local school boards,
authority over, or control of, educators.
``(e)(1) In prescribing regulations to govern the discharge
and conditions of employment of educators, the Secretary
shall require--
``(A) that procedures be established for the rapid and
equitable resolution of grievances of educators;
``(B) that no educator may be discharged without notice of
the reasons therefore and opportunity for a hearing under
procedures that comport with the requirements of due process;
and
``(C) educators employed in Bureau schools shall be
notified sixty days prior to the end of the school year
whether their employment contract will be renewed for the
coming year.
``(2) The supervisor of a Bureau school may discharge
(subject to procedures established under paragraph (1)(B) for
cause (as determined under regulations prescribed by the
Secretary) any educator employed in such school. Upon giving
notice of proposed discharge to an educator, the supervisor
involved shall immediately notify the local school board for
the school of such action. A determination by the local
school board that such educator shall not be discharged shall
be followed by the supervisor. The supervisor shall have the
right to appeal such action to the superintendent for
education of the appropriate agency office of the Bureau.
Upon such an appeal, the agency superintendent for education
may, for good cause and in writing to the local school board,
overturn the determination of the local school board with
respect to the employment of such individual.
``(3) Each local school board for a Bureau school shall
have the right (A) to recommend to the supervisor of such
school that an educator employed in the school be discharged,
and (B) to recommend to the superintendent of education of
the appropriate agency office of the Bureau and to the
Director of the Office, that the supervisor of the school be
discharged.
``(f)(1) Notwithstanding any provision of the Indian
preference laws, such laws shall not apply in the case of any
personnel action within the purview of this section
respecting an applicant or employee not entitled to Indian
preference if each tribal organization concerned grants, in
writing, a waiver of the application of such laws with
respect to such personnel action, where such a waiver is in
writing deemed to be a necessity by the tribal organization,
except that this shall in no way relieve the Bureau of its
responsibility to issue timely and adequate announcements and
advertisements concerning any such personnel action if it is
intended to fill a vacancy (no matter how such vacancy is
created).
``(2) For purposes of this subsection, the term `tribal
organization' means--
``(A) the recognized governing body of any Indian tribe,
band, nation, pueblo, or other organized community, including
a Native village (as defined in section 3(c) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(c); 85 Stat.
688)); or
``(B) in connection with any personnel action referred to
in this subsection, any local school board as defined in
section 1139, and which has been delegated by such governing
body the authority to grant a waiver under such subsection
with respect to such personnel action.
``(3) The term `Indian preference laws' means section 12 of
the Act of June 18, 1934 (25 U.S.C. 472; 48 Stat. 986) or any
other provision of law granting a preference to Indians in
promotions and other personnel actions, except that such term
shall not be considered to include section 7(b) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
450e(b); 88 Stat. 2295).
``(g) Subject to the authority of the Civil Service
Commission to determine finally the applicability of chapter
51 of title 5, United States Code, to specific positions and
employees in the executive branch, the Secretary shall
determine in accordance with subsection (a)(1) the
applicability or inapplicability of such chapter to positions
and employees in the Bureau.
``(h)(1)(A) Except as otherwise provided in this section,
the Secretary shall fix the basic compensation or annual
salary rate for educators and education positions at rates
comparable to the rates in effect under the General Schedule
for individuals with comparable qualifications, and holding
comparable positions, to whom chapter 51 is applicable or on
the basis of the Federal Wage System schedule in effect for
the locality.
``(B) By no later than October 28, 1988, the Secretary
shall establish, for contracts for the 1991-1992 academic
year, and thereafter, the rates of basic compensation, or
annual salary rates, for the positions of teachers and
counselors (including dormitory counselors and home-living
counselors) at the rates of basic compensation applicable (on
the date of enactment of such Amendments and thereafter) to
comparable positions in overseas schools under the Defense
Department Overseas Teachers Pay and Personnel Practices Act,
unless the Secretary establishes such rates within such 6-
month period through collective bargaining with the
appropriate union representative of the education employees
that is recognized by the Bureau.
``(C) By no later than October 28, 1988, the Secretary
shall establish the rates of basic compensation or annual
salary rates for the positions of teachers and counselors
(including dormitory and home-living counselors)--
``(i) for contracts for the 1989-1990 academic year, at
rates which reflect \1/3\ of the changes in the rates
applicable to such positions on April 28, 1988, that must be
made to conform the rates to the rates established under
subparagraph (B) for such positions for contracts for the
1991-1992 academic year, and
``(ii) for contracts for the 1990-1991 academic year, at
rates which reflect \2/3\ of such changes.
``(D) The establishment of rates of basic compensation and
annual salary rates by the Secretary under subparagraphs (B)
and (C) shall not preclude the use of regulations and
procedures used by the Bureau before the enactment of the
Indian Education Amendments of 1988 in making determinations
regarding promotions and advancements through levels of pay
that are based on the merit, education, experience, or tenure
of the educator.
``(E)(i) Except as provided in clause (ii), the
establishment of rates of basic compensation and annual
salary rates by the Secretary under subparagraphs (B) and (C)
shall not affect the continued employment or compensation of
an educator who was employed in an education position on
October 31, 1979, and who did not make the election under
paragraph (2) of subsection (o).
``(ii) Any individual described in clause (i) may, during
the 5-year period beginning on the date on which the
Secretary establishes rates of basic compensation and annual
salary rates under subparagraph (B), make an irrevocable
election to have the basic compensation rate or annual salary
rate of such individual determined in accordance with this
paragraph.
``(iii) If an individual makes the election described in
clause (ii), such election shall not affect the application
to the individual of the same retirement system and leave
system that applies to the individual during the fiscal year
preceding the fiscal year in which such election is made,
except that the individual must use leave accrued during a
contract period by the end of that contract period.
``(F) The President shall include with the budget submitted
under section 1105 of title 31, United States Code, for each
of the fiscal years 1990, 1991, and 1992 a written statement
by the Secretary which specifies--
``(i) the amount of funds the Secretary needs to pay basic
compensation and the annual salaries of educators for such
fiscal year, and
``(ii) the amount of funds the Secretary estimates would be
needed to pay basic compensation and the annual salaries of
educators for such fiscal year if the amendments made to this
paragraph by the Indian Education Amendments of 1988 had not
been enacted.
``(2) Each educator employed in an education position in
Alaska shall be paid a cost-of-living allowance equal to 25
per centum of the rate of basic compensation to which such
educator is entitled.
``(3)(A) The Secretary may pay a postdifferential not to
exceed 25 per centum of the rate of basic compensation, on
the basis of conditions of environment or work which warrant
additional pay as a recruitment and retention incentive.
``(B)(i) Upon the request of the supervisor and the local
school board of a Bureau school, the Secretary shall grant
the supervisor of the school authorization to provide 1 or
more post differentials under subparagraph (A) unless the
Secretary determines for clear and convincing reasons (and
advises the board in writing of those reasons) that certain
of the requested post differentials should be disapproved or
decreased because there is no disparity of compensation for
the involved employees or positions in the Bureau school, as
compared with the nearest public school, that is either--
``(I) at least 5 percent, or
``(II) less than 5 percent and affects the recruitment or
retention of employees at the school.
The request under this subparagraph shall be deemed granted
as requested at the end of the 60th day after the request is
received in the Central Office of the Bureau unless before
that time it is approved, approved with modification, or
disapproved by the Secretary.
``(ii) The Secretary or the supervisor of a Bureau school
may discontinue or decrease a post differential authorized by
reason of this subparagraph at the beginning of a school year
after either--
``(I) the local school board requests that it be
discontinued or decreased, or
``(II) the Secretary or the supervisor determines for clear
and convincing reasons (and advises the board in writing of
those reasons) that there is no disparity of compensation
that would affect the recruitment or retention of employees
at the school after the differential is discontinued or
decreased.
``(iii) On or before February 1 of each year, the Secretary
shall submit to Congress a report describing the requests and
grants of authority under this subparagraph during the
previous fiscal year and listing the positions contracted
under those grants of authority.
``(i) Any individual--
``(1) who on the date of enactment of this Act is holding a
position which is determined under subsection (f) to be an
education position and who elects under subsection (o)(2) to
be covered under the provisions of this section, or
``(2) who is an employee of the Federal Government or the
municipal government of the District of Columbia and is
transferred, promoted, or reappointed, without break in
service, from a position under a different leave system to an
education position,
shall be credited for the purpose of the leave system
provided under regulations prescribed pursuant to subsection
(b)(10), with the annual and sick leave to his credit
immediately before the effective date of such election,
transfer, promotion, or reappointment.
``(j) Upon termination of employment with the Bureau, any
annual leave remaining to the credit of an individual within
the purview of this section shall be liquidated in accordance
with sections 5551(a) and 6306 of title 5, United States
Code, except that leave earned or accrued under regulations
prescribed pursuant to subsection (b)(10) shall not be so
liquidated.
``(k) In the case of any educator who is transferred,
promoted, or reappointed, without break in service, to a
position in the Federal Government under a different leave
system, any remaining leave to the credit of such person
earned or credited under the regulations prescribed pursuant
to subsection (b)(10) shall be transferred to his credit in
the employing agency on an adjusted basis in accordance with
regulations which shall be prescribed by the Civil Service
Commission.
``(l) An educator who voluntarily terminates employment
with the Bureau before the expiration of the existing
employment contract between such educator and the Bureau
shall not be eligible to be employed in another education
position in the Bureau during the remainder of the term of
such contract.
``(m) In the case of any educator employed in an education
position described in subsection (n)(1)(A) who--
``(1) is employed at the close of a school year,
``(2) agrees in writing to serve in such a position for the
next school year, and
``(3) is employed in another position during the recess
period immediately preceding such next school year, or during
such recess period receives additional compensation referred
to in subsection (g)(2) or (g)(3), section 5533 of title 5,
United States Code, relating to dual compensation, shall not
apply to such educator by reason of any such employment
during a recess period for any such receipt of additional
compensation.
``(n) For the purpose of this section--
``(1) The term ``education position'' means a position in
the Bureau the duties and responsibilities of which--
``(A) are performed on a school-year basis principally in a
Bureau school and involve--
``(i) classroom or other instruction or the supervision or
direction of classroom or other instruction;
``(ii) any activity (other than teaching) which requires
academic credits in educational theory and practice equal to
the academic credits in educational theory and practice
required for a bachelor's degree in education from an
accredited institution of higher education;
``(iii) any activity in or related to the field of
education notwithstanding that academic credits in
educational theory and practice are not a formal requirement
for the conduct of such activity; or
``(iv) support services at, or associated with, the site of
the school; or
``(B) are performed at the agency level of the Bureau and
involve the implementation of education-related programs
other than the position for agency superintendent for
education.
``(2) The term ``educator'' means an individual whose
services are required, or who is employed, in an education
position.
``(o)(1) Subsections (a) through (n) of this section apply
to an educator hired after November 1, 1979 (and to an
educator who elected application under paragraph (2)) and to
the position in which such individual is employed. Subject to
paragraph (2), the enactment of this Act shall not affect the
continued employment of an individual employed on October 31,
1979 in an education position, or such individual's right to
receive the compensation attached to such position.
``(2) Any individual employed in an education position on
October 31, 1979, may, not later than November 1, 1983, make
an irrevocable election to be covered under the provisions of
subsection (a) through (n) of this section.
``(p)(1) An educator who was employed in an education
position on October 31, 1979, who was eligible to make an
election under paragraph (2) of subsection (o) at that time,
and who did not make the election under paragraph (2) of
subsection (o), may not be placed on furlough (within the
meaning of section 7511(a)(5) of title 5, United States Code)
without the consent of such educator for an aggregate of more
than 4 weeks within the same calendar year, unless--
``(A) the supervisor, with the approval of the local school
board (or of the agency superintendent for education upon
appeal under paragraph (2)), of the Bureau school at which
such educator provides services determines that a longer
period of furlough is necessary due to an insufficient amount
of funds available for personnel compensation at such school,
as determined under the financial plan process as determined
under section 1129(b) of this Act, and
``(B) all educators (other than principals and clerical
employees) providing services at such Bureau school are
placed on furloughs of equal length, except that the
supervisor, with the approval of the local school board (or
of the agency superintendent for education upon appeal under
paragraph (2)), may continue 1 or more educators in pay
status if (i) they are needed to operate summer programs,
attend summer training sessions, or participate in special
activities including (but not limited to) curriculum
development committees, and (ii) they are selected based upon
their qualifications, after public notice of the minimum
qualifications reasonably necessary and without
discrimination as to supervisory, nonsupervisory, or other
status of the educators who apply.
``(2) The supervisor of a Bureau school may appeal to the
appropriate agency superintendent for education any refusal
by the local school board to approve any determination of the
supervisor that is described in paragraph (1)(A) by filing a
written statement describing the determination and the
reasons the supervisor believes such determination should be
approved. A copy of such statement shall be submitted to the
local school board and such board shall be afforded an
opportunity to respond, in writing, to such appeal. After
reviewing such written appeal and response, the
superintendent may, for good cause, approve the determination
of the supervisor. The superintendent shall transmit the
determination of such appeal in the form of a written opinion
to such local school board and to the supervisor identifying
the reasons for approving such determination.
``SEC. 6713. MANAGEMENT INFORMATION SYSTEM.
``The Secretary shall establish within the Office, within 1
year after the date of the enactment of the Indian Education
Amendments of 1984, a computerized management information
system, which shall provide information to the Office. Such
information shall include but shall not be limited to--
``(1) student enrollment;
``(2) curriculum;
``(3) staff;
``(4) facilities;
``(5) community demographics;
``(6) student assessment information; and
``(7) information on the administrative and program costs
attributable to each Bureau program, divided into discreet
elements.
``SEC. 6714. BUREAU EDUCATION POLICIES.
``Within 180 days of the date of enactment of this Act, the
Secretary shall develop, publish in the Federal Register, and
submit to all agency and area offices of the Bureau, all
tribal governments, and the appropriate committees of the
Congress, a draft set of education policies, procedures, and
practices for education-related action of the Bureau. The
Secretary shall, within 1 year of the date of enactment of
this Act, provide that such uniform policies, procedures, and
practices shall be finalized and promulgated. Thereafter,
such policies, procedures, and practices and their periodic
revisions, shall serve as the foundation for future Bureau
actions in education.
``SEC. 6715. UNIFORM EDUCATION PROCEDURES AND PRACTICES.
``The Secretary shall cause the various divisions of the
Bureau to formulate uniform procedures and practices with
respect to such concerns of those divisions as relate to
education, and shall report such practices and procedures to
the Congress.
``SEC. 6716. RECRUITMENT OF INDIAN EDUCATORS.
``The Secretary shall institute a policy for the
recruitment of qualified Indian educators and a detailed plan
to promote employees from within the Bureau. Such plan shall
include opportunities for acquiring work experience prior to
actual work assignment.
``SEC. 6717. ANNUAL REPORT.
``(a) The Secretary shall submit to each appropriate
committee of the Congress a detailed annual report on the
state of education within the Bureau and any problems
encountered in the field of education during the year. Such
report shall contain suggestions for improving the Bureau
educational system and increasing local Indian control of
such system. Such report shall also include the current
status of tribally controlled community colleges. The annual
budget submission for the Bureau's education programs shall,
among other things, include (1) information on the funds
provided previously private schools under section 208 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 458d; 88 Stat. 2216) and recommendations with respect
to the future use of such funds; (2) the needs and costs of
operation and maintenance of tribally controlled community
colleges eligible for assistance under the Tribally
Controlled Community College Assistance Act of 1978 (92 Stat.
1325; 25 U.S.C. 1801 et seq.) and recommendations with
respect to meeting such needs and costs; and (3) the plans
required by section 1121(f), and 1122(c); and 1125(b) of this
Act (25 U.S.C. 2001(f), 2002(c), and 2005(b)).
``(b) The Inspector General of the Department of the
Interior shall establish a system to ensure that financial
and compliance audits are conducted of each Bureau school at
least once in every three years. Audits of Bureau schools
shall be based upon the extent to which such school has
complied with its local financial plan under section 1129.
``SEC. 6718. RIGHTS OF INDIAN STUDENTS.
``Within six months of the date of enactment of this Act,
the Secretary shall prescribe such rules and regulations as
are necessary to insure the constitutional and civil rights
of Indian students attending Bureau schools, including, but
not limited to, their right to privacy under the laws of the
United States, their right to freedom of religion and
expression and their right to due process in connection with
disciplinary actions, suspensions, and expulsions.
``SEC. 6719. REGULATIONS.
``Regulations required to be adopted under sections 6706
through 6718 and any revisions of the standards developed
under section 6701 or 6702 of this Act shall be deemed rules
of general applicability prescribed for the administration of
an applicable program for the purposes of section 431 of the
General Education Provisions Act and shall be promulgated,
submitted for congressional review, and take effect in
accordance with the provisions of such section. Such
regulations shall contain, immediately following each
substantive provision of such regulations, citations to the
particular section or sections of statutory law or other
legal authority upon which such provision is based.
``SEC. 6720. DEFINITIONS.
``For the purpose of this part--
``(1) the term `agency school board' means a body, the
members of which are appointed by the school boards of the
schools located within such agency, and the number of such
members shall be determined by the Secretary in consultation
with the affected tribes, except that, in agencies serving a
single school, the school board of such school shall fulfill
these duties;
``(2) the term `Bureau' means the Bureau of Indian Affairs
of the Department of the Interior;
``(3) the term `Bureau funded school' means--
``(A) a Bureau school;
``(B) a contract school; or
``(C) a school for which assistance is provided under the
Tribally Controlled Schools Act of 1988;
``(4) the term `Bureau school' means a Bureau operated
elementary or secondary day or boarding school or a Bureau
operated dormitory for students attending a school other than
a Bureau school;
``(5) the term `contract school' means an elementary or
secondary school or a dormitory which receives financial
assistance for its operation under a contract or agreement
with the Bureau under section 102, 103(a), or 208 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450f, 450h(a), and 458d);
``(6) the term `education line officer' means education
personnel under the supervision of the Director, whether
located in central, area, or agency offices;
``(7) the term `financial plan' means a plan of services to
be provided by each Bureau school;
``(8) the term `grant school' means a school which is
provided assistance under the Tribally Controlled Schools Act
of 1988;
``(9) the term `Indian organization' means any group,
association, partnership, corporation, or other legal entity
owned or controlled by a federally recognized Indian tribe or
tribes, or a majority of whose members are members of
federally recognized Indian tribes;
``(10) the term `local educational agency' means a board of
education or other legally constituted local school authority
having administrative control and direction of free public
education in a county, township, independent, or other school
district located within a State, and includes any State
agency which directly operates and maintains facilities for
providing free public education;
``(11) the term `local school board', when used with
respect to a Bureau school, means a body chosen in accordance
with the laws of the tribe to be served or, in the absence of
such laws, elected by the parents of the Indian children
attending the school, except that in schools serving a
substantial number of students from different tribes, the
members shall be appointed by the governing bodies of the
tribes affected; and the number of such members shall be
determined by the Secretary in consultation with the affected
tribes;
``(12) the term `Office' means the Office of Indian
Education Programs within the Bureau;
``(13) the term `Secretary' means the Secretary of the
Interior;
``(14) the term `supervisor' means the individual in the
position of ultimate authority at a Bureau school; and
``(15) the term `tribe' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native
Claims Settlement Act (85 Stat. 688) which is recognized as
eligible for the special programs and services provided by
the United States to Indians because of their status as
Indians.
``SEC. 6721. VOLUNTARY SERVICES.
``Notwithstanding section 1342 of title 31, United States
Code, the Secretary may, subject to the approval of the local
school board concerned, accept voluntary services on behalf
of Bureau schools. Nothing in this title shall be construed
to require Federal employees to work without compensation or
to allow the use of volunteer services to displace or replace
Federal employees. An individual providing volunteer services
under this section is a Federal employee only for purposes of
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code.
``SEC. 6722. PRORATION OF PAY.
``(a) Notwithstanding any other provision of law, including
laws relating to dual compensation, the Secretary, at the
election of the employee, shall prorate the salary of an
employee employed in an education position for the academic
school-year over the entire twelve month period. Each
educator employed for the academic school-year shall annually
elect to be paid on a twelve month basis or for those months
while school is in session. No educator shall suffer a loss
of pay or benefits, including benefits under unemployment or
other Federal or federally-assisted programs, because of such
election.
``(b) During the course of such year the employee may
change election once.
``(c) That portion of the employee's pay which would be
paid between academic school years may be paid in lump sum at
the election of the employee.
``(d) For the purposes of this section the terms
``educator'' and ``education position'' have the meaning
contained in section 6712(n)(1) and (n)(2) of this title.
This section applies to those individuals employed under the
provisions of section 6712 of this title or title 5, United
States Code.
``SEC. 6723. EXTRACURRICULAR ACTIVITIES.
``(a) Notwithstanding any other provision of law, the
Secretary may provide, for each Bureau area, a stipend in
lieu of overtime premium pay or compensatory time off. Any
employee of the Bureau who performs additional activities to
provide services to students or otherwise support the
school's academic and social programs may elect to be
compensated for all such work on the basis of the stipend.
Such stipend shall be paid as a supplement to the employee's
base pay.
``(b) If an employee elects not to be compensated through
the stipend established by this section, the appropriate
provisions of title 5, United States Code, shall apply.
``(c) This section applies to all Bureau employees, whether
employed under section 6712 of this title or title 5, United
States Code.
``SEC. 6724. EARLY CHILDHOOD DEVELOPMENT PROGRAM.
``(a) The Secretary shall provide grants to tribes, tribal
organizations, and consortia of tribes and tribal
organizations to fund early childhood development programs
that are operated by such tribes, organizations, or
consortia.
``(b)(1) The total amount of the grants provided under
subsection (a) with respect to each tribe, tribal
organization, or consortium of tribes or tribal organizations
for each fiscal year shall be equal to the amount which bears
the same relationship to the total amount appropriated under
the authority of subsection (f) for such fiscal year (less
amounts provided under subsection (e)) as--
``(A) the total number of children under 6 years of age who
are members of--
``(i) such tribe,
``(ii) the tribe that authorized such tribal organization,
or
``(iii) any tribe that--
``(I) is a member of such consortium, or
``(II) authorizes any tribal organization that is a member
of such consortium, bears to
``(B) the total number of all children under 6 years of age
who are members of any tribe that--
``(i) is eligible to receive funds under subsection (a),
``(ii) is a member of a consortium that is eligible to
receive such funds, or
``(iii) authorizes a tribal organization that is eligible
to receive such funds.
``(2) No grant may be provided under subsection (a)--
``(A) to any tribe that has less than 500 members,
``(B) to any tribal organization which is authorized--
``(i) by only 1 tribe that has less than 500 members, or
``(ii) by 1 or more tribes that have a combined total
membership of less than 500 members, or
``(C) to any consortium composed of tribes, or tribal
organizations authorized by tribes, that have a combined
total tribal membership of less than 500 members.
``(c)(1) A grant may be provided under subsection (a) to a
tribe, tribal organization, or consortia of tribes and tribal
organizations only if the tribe, organization or consortia
submits to the Secretary an application for the grant at such
time and in such form as the Secretary shall prescribe.
``(2) Applications submitted under paragraph (1) shall set
forth the early childhood development program that the
applicant desires to operate.
``(d) The early childhood development programs that are
funded by grants provided under subsection (a)--
``(1) shall coordinate existing programs and may provide
services that meet identified needs of parents and children
under 6 years of age which are not being met by existing
programs, including--
``(A) prenatal care,
``(B) nutrition education,
``(C) health education and screening,
``(D) educational testing, and
``(E) other educational services,
``(2) may include instruction in the language, art, and
culture of the tribe, and
``(3) shall provide for periodic assessment of the program.
``(e) The Secretary shall, out of funds appropriated under
the authority of subsection (f), include in the grants
provided under subsection (a) amounts for administrative
costs incurred by the tribe or tribal organization in
establishing and maintaining the early childhood development
program.
``(f) For the purpose of carrying out the provisions of
this section, there are authorized to be appropriated
$5,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``SEC. 6725. TRIBAL DEPARTMENTS OF EDUCATION.
``(a) Subject to the availability of appropriations, the
Secretary shall provide grants and technical assistance to
tribes for the development and operation of tribal
departments of education for the purpose of planning and
coordinating all educational programs of the tribe.
``(b) Grants provided under this section shall--
``(1) be based on applications from the governing body of
the tribe,
``(2) reflect factors such as geographic and population
diversity,
``(3) facilitate tribal control in all matters relating to
the education of Indian children on Indian reservations and
on former Indian reservations in Oklahoma,
``(4) provide for the development of coordinated
educational programs on Indian reservations (including all
preschool, elementary, secondary, and higher or vocational
educational programs funded by tribal, Federal, or other
sources) by encouraging tribal administrative support of all
Bureau funded educational programs as well as encouraging
tribal cooperation and coordination with all educational
programs receiving financial support from State agencies,
other Federal agencies, or private entities,
``(5) provide for the development and enforcement of tribal
educational codes, including tribal educational policies and
tribal standards applicable to curriculum, personnel,
students, facilities, and support programs, and
``(6) otherwise comply with regulations for grants under
section 103(a) of the Indian Self-Determination and
Educational Assistance Act (25 U.S.C. 450h) that are in
effect on the date application for such grants are made.
``(c)(1) In approving and funding applications for grants
under this section, the Secretary shall give priority to any
application that--
``(A) includes assurances from the majority of Bureau
funded schools located within the boundaries of the
reservation of the applicant that the tribal department of
education to be funded under this section will provide
coordinating services and technical assistance to all of such
schools, including (but not limited to) the submission to
each applicable agency of a unified application for funding
for all of such schools which provides that--
``(i) no administrative costs other than those attributable
to the individual programs of such schools will be associated
with the unified application, and
``(ii) the distribution of all funds received under the
unified application will be equal to the amount of funds
provided by the applicable agency to which each of such
schools is entitled under law,
``(B) includes assurances from the tribal governing body
that the tribal department of education funded under this
section will administer all contracts or grants (except those
covered by the other provisions of this title and the
Tribally Controlled Community College Assistance Act of 1978)
for education programs administered by the tribe and will
coordinate all of the programs to the greatest extent
possible,
``(C) includes assurances for the monitoring and auditing
by or through the tribal department of education of all
education programs for which funds are provided by contract
or grant to ensure that the programs meet the requirements of
law, and
``(D) provides a plan and schedule for--
``(i) the assumption over the term of the grant by the
tribal department of education of all assets and functions of
the Bureau agency office associated with the tribe, insofar
as those responsibilities relate to education, and
``(ii) the termination by the Bureau of such operations and
office at the time of such assumption,
but when mutually agreeable between the tribal governing body
and the Assistant Secretary, the period in which such
assumption is to occur may be modified, reduced, or extended
after the initial year of the grant.
``(2) Subject to the availability of appropriated funds,
grants provided under this section shall be provided for a
period of 3 years and the grant may, if performance by the
grantee is satisfactory to the Secretary, be renewed for
additional 3-year terms.
``(d) The Secretary shall not impose any terms, conditions,
or requirements on the provision of grants under this section
that are not specified in this section.
``(e) For the purpose of carrying out the provisions of
this section, there are authorized to be appropriated
$2,000,000 for fiscal year 1995 and such sums as may be
necessary for each of the fiscal years 1996, 1997, 1998, and
1999.
``SEC. 6726. PAYMENTS.
``(a)(1) Except as otherwise provided in this subsection,
the Secretary shall make payments to grantees under this part
in 2 payments:
``(A) one payment to be made no later than July 1 of each
year in an amount equal to one-half of the amount which the
grantee was entitled to receive during the preceding academic
year, and
``(B) the second payment, consisting of the remainder to
which the grantee is entitled for the academic year, shall be
made no later than December 1 of each year.
``(2) For any school for which no payment was made from
Bureau funds in the preceding academic year, full payment of
the amount computed for the first academic year of
eligibility under this part shall be made no later than
December 1 of the academic year.
``(3) With regard to funds for grantees that become
available for obligation on October 1 of the fiscal year for
which they are appropriated, the Secretary shall make
payments to grantees no later than December 1 of the fiscal
year.
``(4) The provisions of the Prompt Payment Act (31 U.S.C.
3901 et seq.) shall apply to the payments required to be made
by paragraphs (1), (2), and (3) of this subsection.
(b) Paragraph (3) is amended by striking ``Paragraphs (1)
and (2)'' and inserting in lieu thereof ``Paragraphs (1),
(2), and (3)'', and is renumbered as paragraph ``(5)''.
The CHAIRMAN. Are there amendments to this title? If not, the Clerk
will designate title VII. The text of title VII is as follows:
``TITLE VII--BILINGUAL EDUCATION PROGRAMS
``SEC. 7001. SHORT TITLE.
``This title may be cited as the `Bilingual Education Act'.
``SEC. 7002. FINDINGS, POLICY, AND PURPOSE.
``(a) Findings.--The Congress finds that--
``(1) language-minority Americans constitute a large and
growing proportion of the Nation's population;
``(2) language-minority Americans speak virtually all world
languages plus many that are indigenous to the United States;
``(3) the presence of language-minority Americans is
related in part to Federal immigration policies;
``(4) many language-minority Americans are limited in their
English proficiency, and many have limited education and
income;
``(5) limited-English-proficient children and youth, like
all other children and youth, have diverse educational needs
and strengths and therefore require access to all educational
programs and services;
``(6) the Federal Government has a responsibility for the
education of American Indians and a special obligation to
Native Alaskans, Native Hawaiians and native residents of the
territories and freely associated nations to redress the
effect of past Federal policies;
``(7) institutions of higher education can assist in
preparing teachers, administrators and other school personnel
to understand and build upon the educational strengths and
needs of language-minority and culturally diverse student
enrollments;
``(8) it is the purpose of this title to help ensure that
limited-English-proficient students master English and
develop high levels of academic attainment in content areas;
``(9) quality bilingual education programs enable children
and youth to learn English and meet high academic standards
including proficiency in more than one language;
``(10) as the world becomes increasingly interdependent and
as international communication becomes a daily occurrence in
government, business, commerce, and family life, multilingual
skills constitute an important national resource which
deserves protection and development;
``(11) educational technology has the potential for
improving the education of language-minority and limited-
English-proficient students and their families, and the
Federal Government should foster this development;
``(12) research, development, implementation and
dissemination of effective bilingual education methods,
practices, and programs for limited-English-proficient
children are essential to systemwide school reform that
improves education for all children; and
``(13) a recognized means by which a child learns is
through the use of the child's native language, cultural
heritage, and instructional programs which use and build upon
a child's non-English native language and cultural heritage
to promote parent and community involvement in education,
student self-esteem, proficiency in English, and subject
matter achievement.
``(b) Policy.--The Congress declares it to be the policy of
the United States, in order to ensure equal educational
opportunity for all children and youth and to promote
educational excellence, to assist State and local educational
agencies, institutions of higher education, and community-
based organizations to build their capacity to establish,
implement, and sustain programs of instruction for language
minority and limited-English-proficient children and youth.
``(c) Purpose.--The purpose of this title is to educate
language minority and limited-English-proficient children and
youth to meet the same rigorous standards for academic
performance expected of all children and youth, including
meeting challenging State performance standards in academic
areas by developing--
``(1) systemic improvement and reform of educational
programs serving language-minority and limited-English-
proficient students through the development and
implementation of exemplary bilingual education programs and
special alternative instruction programs;
``(2) data collection and dissemination, research,
materials development, and technical assistance which is
focused on school improvement for language-minority and
limited-English-proficient students; and
``(3) programs which strengthen and improve the
professional training of educational personnel who work with
limited-English-proficient and language-minority students.
``SEC. 7003. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--For the purpose of carrying out the
provisions of this title (except part F), there are
authorized to be appropriated $215,000,000 for the fiscal
year 1995 and such sums as may be necessary for each of the
fiscal years 1996, 1997, 1998, and 1999.
``(b) Distribution.--From the sums appropriated under
subsection (a) for any fiscal year, the Secretary shall
reserve at least 25 percent for part C of this title.
``SEC. 7004. DEFINITIONS; REGULATIONS
``(a) General Rule.--For purposes of this title--
``(1) The term `native language', when used with reference
to an individual, means the language normally used by such
individuals, or, in the case of a child, the language
normally used by the parents of the child.
``(2) The term `language-minority' means--
``(A) individuals whose native language is other than
English;
``(B) individuals who usually speak a language other than
English or come from home environments where a language other
than English is usually spoken; or
``(C) American Indians, Alaskan Natives, and Native
Hawaiians and native residents of the territories and freely
associated nations.
``(3) The term `limited-English-proficient' means a
language-minority person who has difficulty understanding,
speaking, reading, or writing the English language at a level
appropriate to his or her age and grade and is, thereby,
academically disadvantaged in programs conducted exclusively
in English.
``(4) The term `bilingual education' refers to educational
programs for limited-English-proficient students which make
instructional use of both English and a student's native
language. Programs of bilingual education must enable
limited-English-proficient students to achieve English
proficiency and academic mastery of subject matter content
and higher order skills, including critical thinking, so as
to meet age-appropriate grade-promotion and graduation
standards in concert with national education goals. Bilingual
education programs may also develop the native language
skills of limited-English-proficient students, or ancestral
languages of American Indians, Alaskan Natives, Native
Hawaiians and native residents of the territories and freely
associated nations. English proficient students may
participate in bilingual education programs if the programs
are designed to enable all enrolled students to become
proficient in English and a second language.
``(5) The term `special alternative instructional program'
refers to educational programs for limited-English-proficient
students which utilize specially designed English language
curricula and services but do not use the student's native
language for instructional purposes. Special alternative
instructional programs must enable limited-English-proficient
students to achieve English proficiency and academic mastery
of subject matter content and higher order skills, including
critical thinking so as to meet age-appropriate grade-
promotion and graduation standards in concert with national
education goals. Special alternative instructional programs
are suitable for schools where the diversity of the limited-
English-proficient students' native languages and the small
number of students speaking each respective language makes
bilingual education impractical and where there is a critical
shortage of bilingual education teachers.
``(6) The term `family education programs' refers to
bilingual education or special alternative instructional
programs designed to help limited-English-proficient adults
and out-of-school youths achieve proficiency in the English
language and to provide instruction on how parents and family
members can facilitate the educational achievement of their
children. When feasible, instructional programs such as the
model developed under the Even Start Literacy Programs that
promote adult literacy and train parents to support the
educational growth of their children shall be developed.
Programs shall give preference to participation by parents
and immediate family members of children attending school.
Family education programs may also provide instruction to
facilitate higher education and employment outcomes.
``(7) The term `institution of higher education' has the
meaning given such term in section 1201(a) of the Higher
Education Act of 1965.
``(8) The term `Office' means the Office of Bilingual
Education and Minority Languages Affairs.
``(9) The term `community college' has the meaning given
such term in section 1201(a) of the Higher Education Act of
1965 for an institution which provides not less than a 2-year
program which is acceptable for full credit toward a
bachelor's degree, including institutions receiving
assistance under the Tribally Controlled Community College
Assistance Act of 1978.
``(10) The term `paraprofessional' means an individual who
is employed in preschool or elementary or secondary school
under the supervision of a certified or licensed teacher,
including individuals employed in bilingual education,
special education and migrant education.
``(11) The term `other programs for persons of limited-
English-proficiency' means any programs administered by the
Secretary that serve persons of limited-English-proficiency.
``(12) The term `community-based organization' means a
private nonprofit organization or Indian tribe or tribally
sanctioned educational authority which is representative of a
community or significant segments of a community and which
provides educational or related services to individuals in
the community. The term `community-based organization'
includes Native Hawaiian organizations (including Native
Hawaiian education organizations) as defined in section 4009
of Public Law 100-297).
``(13) The term `children and youth' means individuals aged
3 through 21.
``(14) The term `immigrant children and youth' means
individuals who--
``(A) are aged 3 through 21;
``(B) were not born in any State; and
``(C) have not been attending 1 or more schools in any 1 or
more States for more than 2 full academic years.
``(b) Regulation Rule.--In developing regulations under
this title, the Secretary shall consult with State and local
educational agencies, organizations representing limited-
English-proficient individuals, and organizations
representing teachers and other personnel involved in
bilingual education.
``(c) Parental Notification.--Parents of children and youth
participating in programs assisted under this title shall be
informed of--
``(1) a student's level of English proficiency, how it was
assessed, the status of a student's academic achievement and
the implications of a student's educational strengths and
needs for age and grade appropriate academic attainment,
promotion, and graduation;
``(2) what programs are available to meet the student's
educational strengths and needs and how the programs differ
in content and instructional goals, and in the case of a
disabled student, how the program meets the objectives of a
student's individualized education program;
``(3) the instructional goals of the bilingual education or
special alternative instructional program, and how the
program will specifically help the limited-English-proficient
student acquire English and meet age-appropriate standards
for grade-promotion and graduation, including--
``(A) the benefits and nature of the bilingual educational
program and of the instructional alternatives; and
``(B) the reasons for the selection of their child as being
in need of bilingual education.
``(4)(A) Parents shall also be informed that they have the
option of declining enrollment of their children and youth in
such programs and shall be given an opportunity to do so if
they so choose.
``(B) Local educational agencies are not relieved of any of
their obligations under title VI of the Civil Rights Act of
1964 because parents choose not to enroll their children in
bilingual education programs.
``(5) Parents must receive, in a manner and form
understandable to them, including, if necessary and to the
extent feasible, in their native language, the information
required by this subsection. At a minimum, parents must
receive--
``(A) timely information about projects funded under this
part; and
``(B) if the parents of participating children so desire,
notice of opportunities for regular meetings for the purpose
of formulating and responding to recommendations from such
parents.
``(6) no action may involve the admission or exclusion of
students to or from any federally assisted education program
merely on the basis of the surnames or language-minority
status of such students.
``SEC. 7005. INDIAN AND ALASKAN NATIVE CHILDREN IN SCHOOLS.
``(a) Eligible Entities.--For the purpose of carrying out
programs under this title for individuals served by
elementary, secondary, or postsecondary schools operated
predominately for Indian or Alaska Native children and youth,
an Indian tribe, a tribally sanctioned educational authority,
or an elementary or secondary school that is operated or
funded by the Bureau of Indian Affairs shall be considered to
be a local educational agency as such term is used in this
title, subject to the following qualifications:
``(1) The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including any
Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native
Claims Settlement Act (43 U.S.C. 1601 et seq.), that is
recognized for the special programs and services provided by
the United States to Indians because of their status as
Indians.
``(2) The term `tribally sanctioned educational authority'
means--
``(A) any department or division of education operating
within the administrative structure of the duly constituted
governing body of an Indian tribe; or
``(B) any nonprofit institution or organization that is--
``(i) chartered by the governing body of an Indian tribe to
operate any such school or otherwise to oversee the delivery
of educational services to members of that tribe; and
``(ii) approved by the Secretary for the purpose of this
section.
``(b) Bureau of Indian Affairs Schools.--From the sums
appropriated pursuant to section 7003, the Secretary is
authorized to make payments to applicants to carry out
programs of bilingual education or special alternative
instruction for Indian children served by elementary and
secondary schools operated or funded by the Bureau of Indian
Affairs.
``(c) Annual Report.--(1) The Assistant Secretary of the
Interior for the Bureau of Indian Affairs in collaboration
with the Secretary shall submit to the Congress, the
President, and the Secretary, by September 30 of each year, a
report which provides--
``(A) an assessment of the educational outcomes and needs
of Indian children with respect to the purposes of this title
in schools operated or funded by the Department of the
Interior, including tribes and local educational agencies
receiving assistance under the Johnson-O'Malley Act and the
Native American Languages Act; and
``(B) an assessment of the extent to which such needs are
being met by funds provided to such schools for educational
purposes through the Secretary of the Interior.
``(2) The results presented in this report shall be
included in the report under section 7041 of this Act.
``(3) The assessments required under this subsection shall
be waived if such assessments duplicate similar assessment
requirements under other Federal or tribal laws.
``SEC. 7006. RESIDENTS OF THE TERRITORIES AND FREELY
ASSOCIATED NATIONS.
``For the purpose of carrying out programs under this title
in Guam and the freely associated nations, the term `local
educational agency' shall include public institutions or
agencies whose mission is the preservation and maintenance of
native languages.
``PART A--BILINGUAL EDUCATION CAPACITY AND DEMONSTRATION GRANTS
``SEC. 7101. PURPOSE OF GRANTS.
``Grants under this part shall be used to develop the
capacity of local educational agencies, institutions of
higher education, and community-based organizations which
provide educational programs to initiate, develop, enhance or
improve bilingual education or special alternative
instruction programs for children and youth of limited-
English-proficiency.
``SEC. 7102. PROGRAM DEVELOPMENT AND IMPLEMENTATION GRANTS.
``(a) Purpose.--The purpose of this section is to develop
and implement new comprehensive, coherent, and successful
bilingual education or special alternative instructional
programs for limited-English-proficient students including
programs of early childhood education, K-12 education, gifted
and talented education, and vocational and applied technology
education.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make program
development and implementation grants of up to $100,000
annually for 3 years with 1 additional year upon the
Secretary's approval.
``(2) Grants approved under this section shall be used to
improve the education of limited-English-proficient students
and their families by--
``(A) developing and implementing comprehensive preschool,
elementary, or secondary bilingual education or special
alternative instructional programs that are coordinated with
other relevant programs and services to meet the full range
of educational needs of limited-English-proficient students;
and
``(B) providing in service training to classroom teachers,
administrators, and other school or community-based
organizational personnel to improve the instruction and
assessment of language-minority and limited-English-
proficient students.
``(3) Grants approved under this section may be used to
improve the education of limited-English-proficient students
and their families by--
``(A) implementing family education programs and
activities; and
``(B) improving the instructional program for limited-
English-proficient students by upgrading curriculum,
instructional materials, and assessment procedures and, if
appropriate, applying educational technology.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organization or local or State educational agency. A grant
may also be made under this section upon application by a
community-based organization which is agreed to by the local
educational agency to develop and implement early childhood
education or family education programs or to conduct an
instructional program which supplements the educational
services provided by a local educational agency.
``(d) Distribution.--The Secretary shall, to the extent
practicable, award grants equally among early childhood
education, elementary education, and secondary education
programs.
``SEC. 7103. PROGRAM ENHANCEMENT PROJECTS.
``(a) Purpose.--The purpose of this section is to carry out
highly focused, innovative, locally designed projects to
expand or enhance existing bilingual education or special
alternative instructional programs for limited-English-
proficient students.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make program
enhancement project grants of up to $100,000 for 2 years to
eligible applicants.
``(2) Grants approved under this section shall be used for
providing in-service training to classroom teachers,
administrators, and other school or community-based
organization personnel to improve the instruction and
assessment of language-minority and limited-English-
proficient students.
``(3) Grants approved under this section may be used for--
``(A) improving the instructional program for limited-
English-proficient students by upgrading curriculum,
instructional materials, and assessment procedures and, if
appropriate, applying educational technology;
``(B) implementing family education programs and
activities; and
``(C) providing intensified instruction.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organization or local or State educational agency. A grant
also may be made under this section upon application by a
community-based organization which is agreed to by the local
educational agency to enhance early childhood education or
family education programs or to conduct an instructional
project which supplements the educational services provided
by a local educational agency.
``SEC. 7104. WHOLE-SCHOOL PROGRAMS.
``(a) Purpose.--The purpose of this section is to provide
financial assistance to eligible applicants to reform,
restructure, and upgrade all relevant programs and operations
within an individual school to fulfill the comprehensive
educational needs of all of a school's limited-English-
proficient students and their families.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make 5-year grants of
up to $100,000 for the first year and up to $250,000 for each
of the subsequent 4 years to eligible applicants.
``(2) Grants approved under this section shall be used to
improve education of limited-English-proficient students and
their families by reviewing, restructuring, and upgrading in-
service training for all school staff and, if appropriate,
for community-based organization personnel.
``(3) Grants approved under this section may be used to
improve the education of limited-English-proficient students
and their families by reviewing, restructuring, and
upgrading--
``(A) the school's instructional program for limited-
English-proficient students including curriculum,
instructional materials, and assessment systems, and, if
appropriate, the application of educational technology;
``(B) family education programs and activities; and
``(C) intensified instruction.
``(4) During the first year of the grant, a priority is
established in use of funds for preparatory activities
including planning, training, curriculum development, and
materials acquisition or development.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organizations or local or State educational agency.
``SEC. 7105. SYSTEM-WIDE IMPROVEMENT GRANTS.
``(a) Purpose.--The purpose of this section is to provide
financial assistance to improve, reform, and upgrade relevant
programs and operations with an entire local educational
agency to fulfill the comprehensive educational needs of all
the agency's limited-English-proficient students and, to the
extent feasible, their families.
``(b) Program Authorized.--
``(1) The Secretary is authorized to make 5-year grants of
up to $1,000,000 for the first year and up to $5,000,000 for
each of the subsequent 4 years to eligible applicants.
``(2) Grants approved under this section may be used during
the first 12 months exclusively for activities preparatory to
the delivery of services.
``(3) Grants approved under this section may be used to
improve education of limited-English-proficient students and
their families by reviewing, restructuring, and upgrading--
``(A) educational goals, curriculum guidelines and content,
standards and assessments;
``(B) personnel policies and practices including
recruitment, certification, staff development, and
assignment;
``(C) student grade-promotion and graduation requirements;
``(D) student assignment policies and practices;
``(E) program delivery standards, management information
and accountability systems;
``(F) instructional and extracurricular programs and
services; and
``(G) application of educational technology.
``(c) Eligible Entities.--A grant may be made under this
section only upon application by one or more local
educational agencies, applying alone or in collaboration with
an institution of higher education, community-based
organization or local or State educational agency.
``(d) Priority.--The Secretary shall give priority to
applications from--
``(1) applicants which enroll a large percentage or large
number of limited-English-proficient students; and
``(2) consortia of eligible applicants to serve limited-
English-proficient students in rural and linguistically
isolated settings.
``SEC. 7106. APPLICATIONS.
``(a) Submission.--To receive a grant under this part,
applicants shall submit an application to the Secretary in
such form and containing such information as the Secretary
may require:
``(1) An application for a grant under this part shall be
developed in consultation with, and shall provide for the
continuing involvement of, an advisory council which shall be
composed of representatives responsible for implementing
grant activities and of parents and other relatives of the
children to be served in such programs; parents shall
comprise a majority of all council members.
``(2) All applicants for grants under this part, except for
those applicants identified in section 7005, shall submit a
copy of the application to the relevant State educational
agency. The State educational agency may submit to the
Secretary written comments on the application with respect to
how the applications further State education improvement
plans including any developed under Goals 2000: Educate
America Act (if such plans exist) or title I of this Act. If
the State educational agency of a State submits written
comments on any application, it must submit written comment
on all applications within that same grant category from
within that State. The Secretary shall take comments into
consideration when funding applications under this part.
``(b) Required Documentation.--Such application shall
include documentation that the applicant has the qualified
personnel required to develop, administer, and implement the
proposed program.
``(c) Contents.--(1) An application for a grant under this
part shall contain the following:
``(A) A description of the need for the proposed program,
including data on the number of children and youth of
limited-English-proficiency in the school or district to be
served and their characteristics, such as language spoken,
dropout rates, proficiency in English and the native
language, academic standing in relation to their English
proficient peers, and, where applicable, the recency of
immigration.
``(B) A description of the program to be implemented and
how its design--
``(i) relates to the linguistic and academic needs of the
children and youth of limited-English-proficiency to be
served;
``(ii) is consistent with, and promotes the goals in, the
local educational agency plan under title III of the Goals
2000: Educate America Act, if such plan exists, and the local
educational agency's plan under title I of this Act,
particularly as those plans relate to the education of
children and youth of limited-English-proficiency;
``(iii) involves the parents of the children and youth of
limited-English-proficiency to be served;
``(iv) ensures accountability in the expected student
outcomes; and
``(v) promotes coordination of services for the children
and youth of limited-English-proficiency to be served and
their families.
``(C) A description, if appropriate, of the applicant's
collaborative activities with institutions of higher
education, community-based organizations, local or State
educational agencies, private schools, nonprofit
organizations, or businesses in carrying out the proposed
program.
``(D) An assurance that the applicant will not reduce the
level of State and local funds that it expends for bilingual
education or special alternative instruction programs if it
receives an award under this part.
``(E) A budget for grant funds.
``(2) An application for a grant under section 7102 or 7104
shall also contain a description of the instructional
program, student services, in-service training, and family
education programs to be provided under the grant.
``(3) An application for a grant under section 7103 shall
also contain the following:
``(A) A description of the existing bilingual education or
special alternative instruction program which the project is
designed to enhance.
``(B) A description of the proposed project activities.
``(4) An application for a grant under section 7105 shall
also contain a description of the activities which would be
carried out under the grant.
``(d) Approval of Applications.--An application for a grant
under this part may be approved only if the Secretary
determines that--
``(1) the program will use qualified personnel, including
those personnel who are proficient in the language or
languages used for instruction;
``(2) in designing the program for which application is
made, the needs of children in nonprofit private elementary
and secondary schools have been taken into account through
consultation with appropriate private school officials and,
consistent with the number of such children enrolled in such
schools in the area to be served whose educational needs are
of the type and whose language and grade levels are of a
similar type that the program is intended to address, after
consultation with appropriate private school officials,
provision has been made for the participation of such
children on a basis comparable to that provided for public
school children;
``(3) student evaluation and assessment procedures in the
program are valid, reliable, and fair for limited-English-
proficient students, and that limited-English-proficient
students who are disabled are identified and served in
accordance with the requirements of the Individuals with
Disabilities Education Act;
``(4) Federal funds made available for the project or
activity will be used so as to supplement the level of State
and local funds that, in the absence of such Federal funds,
would have been expended for special programs for children of
limited-English-proficient individuals and in no case to
supplant such State and local funds, except that nothing in
this paragraph shall preclude a local educational agency from
using funds under this title for activities carried out under
an order of a court of the United States or of any State
respecting services to be provided such children, or to carry
out a plan approved by the Secretary as adequate under title
VI of the Civil Rights Act of 1964 with respect to services
to be provided such children;
``(5) the assistance provided under the application will
contribute toward building the capacity of the applicant to
provide a program on a regular basis, similar to that
proposed for assistance, which will be of sufficient size,
scope, and quality to promise significant improvement in the
education of students of limited-English-proficiency, and
that the applicant will have the resources and commitment to
continue the program when assistance under this title is
reduced or no longer available;
``(6) the applicant provides for utilization of the State
and national dissemination sources for program design and in
dissemination of results and products.
``(e) Special Consideration and Priorities.--
``(1) Students may participate in any program receiving
funds under this part for the duration of the program.
``(2) The Secretary shall give priority to applications
which provide for the development of bilingual proficiency
for all participating students.
``(3) Grants for special alternative instructional programs
shall not exceed 25 percent of the funds provided for any
type of grant under any section or of total funds provided
under this part.
``(4) Notwithstanding paragraph (3), the Secretary may
award grants for special alternative instructional programs
if an applicant has demonstrated that they cannot develop and
implement a bilingual education program for the following
reasons:
``(A) Where the diversity of the limited-English-proficient
students' native languages and the small number of students
speaking each respective language makes bilingual education
impractical.
``(B) Where, despite documented convincing efforts, the
applicant has not been able to hire instructional personnel
who are able to communicate in the students' native language.
``(5) In approving applications under this part, the
Secretary shall give consideration to the degree to which the
program for which assistance is sought involves the
collaborative efforts of institutions of higher education,
community-based organizations, the appropriate local and
State educational agency, or business.
``(6) The Secretary shall ensure that projects funded under
this part address the full needs of school systems of all
sizes and geographical areas, including rural schools.
``(7) The Secretary shall give priority to applications
providing training for personnel participating in or
preparing to participate in the program which will assist
them in meeting State and local certification requirements
and that, to the extent possible, college or university
credit will be awarded for such training.
``SEC. 7107. INTENSIFIED INSTRUCTION.
``In carrying out this part, each grant recipient may
intensify instruction for limited-English-proficient students
by--
``(1) expanding the educational calendar of the school in
which such student is enrolled to include programs before and
after school and during the summer months;
``(2) expanding the use of professional and volunteer aids;
``(3) applying technology to the course of instruction; and
``(4) providing intensified instruction through
supplementary instruction or activities, including
educationally enriching extracurricular activities, during
times when school is not routinely in session.
``SEC. 7108. CAPACITY BUILDING.
``Each recipient of a grant under this part shall use its
grant in ways that will build its capacity to continue to
offer high-quality bilingual and special alternative
education programs and services to children and youth of
limited-English-proficiency once Federal assistance is
reduced or eliminated.
``SEC. 7109. SUBGRANTS.
``A local educational agency that receives a grant under
this part may, with the approval of the Secretary, make a
subgrant to, or enter into a contract with, an institution of
higher education, a non-profit organization, or a consortium
of such entities to carry out an approved program, including
a program to serve out-of-school youth.
``SEC. 7110. GEOGRAPHIC DISTRIBUTION OF FUNDS.
``To the extent possible, the Secretary shall award funds
under this part throughout the Nation in a manner that
reflects the geographic distribution of children and youth of
limited-English-proficiency.
``SEC. 7111. PROGRAMS IN PUERTO RICO.
``Programs authorized under this title in the Commonwealth
of Puerto Rico may, notwithstanding any other provision of
this title, include programs of instruction, teacher
training, curriculum development, evaluation, and testing
designed for children and youth of limited-Spanish
proficiency.
``SEC. 7112. EVALUATIONS.
``(a) Evaluation.--Each recipient of funds under this part
shall provide the Secretary with an evaluation, in the form
prescribed by the Secretary, of its program every two years.
``(b) Use of Evaluation.--Such evaluation shall be used by
a grantee--
``(1) for program improvement;
``(2) to further define the local program's goals and
objectives; and
``(3) to determine program effectiveness.
``(c) Evaluation Components.--Evaluations shall include--
``(1) student outcome indicators that measure progress
toward the performance standards set out in the State's plan,
either approved or being developed, under title III of the
Goals 2000: Educate America Act, or, 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, with
the State plan approved or being developed under section 1111
of this Act, including data comparing children and youth of
limited-English-proficiency with non-limited-English-
proficient children and youth with regard to school
retention, academic achievement, and gains in English (and,
where applicable, native language) proficiency;
``(2) program implementation indicators that provide
information for informing and improving program management
and effectiveness, including data on appropriateness of
curriculum in relationship to grade and course requirements,
appropriateness of program management, appropriateness of the
program's staff professional development, and appropriateness
of the language of instruction;
``(3) program context indicators that describe the
relationship of the activities funded under the grant to the
overall school program and other Federal, State, or local
programs serving children and youth of limited-English-
proficiency; and
``(4) such other information as the Secretary may require.
``PART B--RESEARCH AND DISSEMINATION
``SEC. 7201. USE OF FUNDS.
``The Secretary is authorized to conduct data collection,
dissemination, research, and evaluation activities through
the Office of Bilingual Education and Minority Languages
Affairs for the purpose of improving bilingual education and
special alternative instruction programs for children and
youth of limited-English-proficiency.
``SEC. 7202. RESEARCH.
``(a) Research Activities.--The Secretary shall support
through competitive grants contracts and cooperative
agreements to institutions of higher education, nonprofit and
for-profit organizations, and local and State educational
agencies, funds for research with a practical application to
teachers, counselors, paraprofessionals, school
administrators, parents, and others involved in improving the
education of limited-English-proficient students and their
families.
``(b) Authorized Activities.--
``(1) The Secretary may conduct research activities that
include--
``(A) identifying criteria for the establishment, use and
monitoring of local, State, or national education goals,
content, performance and delivery standards, and assessments
for all students that provide for appropriate, valid,
reliable, and fair participation by limited-English-
proficient and language-minority students;
``(B) identifying determinants of appropriate high quality
secondary school programs for limited-English-proficient
students, and high quality curriculum-related instructional
materials;
``(C) identifying determinants of appropriate high quality
early childhood development programs for limited-English-
proficient children, including families, and appropriate high
quality materials;
``(D) studies to identify models of effective program
coordination that support students while in transition to
English language classrooms that develop and maintain high
levels of proficiency in the native languages and English;
``(E) studies of effective curricula and instructional
strategies for the development and maintenance of high levels
of student proficiency in both their native language and
English, including the role of family, community, and career
contexts;
``(F) identification of strategies for effective
participation by limited-English-proficient parents in their
children's education for attainment of educational
excellence;
``(G) identifying methods of improving classification,
placement, and services to limited-English-proficient
students including, but not limited to their participation in
early childhood development programs, title I, special
education, foreign language education, and gifted and
talented education;
``(H) identification of methods for effective delivery of
bilingual education to rural schools and in the less-
commonly-taught languages using educational technology and
electronic communications networks;
``(I) identification of trends in demand for language
skills and of career opportunities for individuals with high
levels of proficiency in English and a second language; and
``(J) establishing through the National Center for
Education Statistics and in consultation with the Office of
Bilingual Education and Minority Languages Affairs, and
experts in bilingual education, second language acquisition
and English-as-a-second language, a common definition of
`limited-English-proficient student' for purposes of national
data collection.
``(c) Field-Initiated Research.--The Secretary shall
reserve at least 5 percent of the funds available under this
section for field-initiated research by current or recent
recipients of grants under parts A or C of this title.
Research must be conducted by current grant recipients or by
former recipients who have received such grants within the
previous 5 years. Field-initiated research may provide for
longitudinal studies of students or teachers in bilingual
education, monitoring the education of such students from
entry in bilingual education through high school completion.
Applicants may submit an application for field-initiated
research at the same time as applications are submitted under
part A or part C. The Secretary shall complete a review of
such applications on a timely basis to allow research and
program grants to proceed in coordination where appropriate.
``(d) Consultation.--The Secretary shall consult with
agencies and organizations that are engaged in bilingual
education research and practice, or related research, and
bilingual education researchers and practitioners to identify
areas of study and activities to be funded under this
section.
``(e) Coordination.--Research activities supported under
this section--
``(1) shall be carried out in consultation with the Office
of Educational Research and Improvement to ensure that such
activities are coordinated with and enhance the research and
development activities supported by the Office; and
``(2) may include collaborative research activities which
are jointly funded and carried out by the Office of Bilingual
Education and Minority Language Affairs and the Office of
Educational Research and Improvement.
``(f) Data Collection.--The Secretary shall provide for the
continuation of data collection on limited-English-proficient
students as part of the data systems operated by the
Department.
``SEC. 7203. ACADEMIC EXCELLENCE AWARDS.
``(a) Awards.--The Secretary may make grants to, and enter
into contracts and cooperative agreements with, State and
local educational agencies, nonprofit organizations, and
institutions of higher education to promote the adoption and
implementation of bilingual education, special alternative
instruction programs, and professional development programs
that demonstrate great promise of assisting children and
youth of limited-English-proficiency to meet challenging
State standards.
``(b) Applications.--(1) An entity desiring to receive an
award under this section shall submit an application to the
Secretary in such form, at such time, and containing such
information and assurances as the Secretary may require.
``(2) The Secretary shall use a peer review process, using
effectiveness criteria that the Secretary shall establish, to
review applications under this section.
``(c) Use of Funds.--Funds under this section shall be used
to enhance the capacity of States and local education
agencies to provide high quality academic programs for
children and youth of limited-English-proficiency, which may
include--
``(1) completing the development of such programs;
``(2) professional development of staff participating in
bilingual education programs;
``(3) sharing strategies and materials; and
``(4) supporting professional networks.
``(d) Coordination.--Recipients of funds under this section
shall coordinate their activities with those carried out by
comprehensive technical assistance centers under title II of
this Act.
``SEC. 7204. STATE GRANT PROGRAM.
``(a) State Grant Program.--The Secretary is authorized to
make an award to a State educational agency that
demonstrates, to the satisfaction of the Secretary, that its
approved plan under title III of the Goals 2000: Educate
America Act, if such plan exists, or, if such plan does not
exist, its plan under title I of this Act, effectively
provides for the education of children and youth of limited-
English-proficiency within the State.
``(b) Payments.--The amount paid to a State educational
agency under subsection (a) shall not be less than $100,000
nor greater than 5 percent of the total amount awarded to
local educational agencies within the State under part A of
this title for the previous fiscal year.
``(c) Use of Funds.--(1) A State educational agency shall
use funds for programs authorized by this section to--
``(A) assist local educational agencies in the State with
program design, capacity building, assessment of student
performance, and program evaluation; and
``(B) collect data on the State's language-minority and
limited English-proficient populations and the educational
programs and services available to these populations.
``(2) The State educational agency may also use funds for
the training of State educational agency personnel in
educational issues affecting limited-English-proficient
children and youth.
``(3) Recipients of awards under this section shall not
restrict the provision of services under this section to
federally-funded programs.
``(d) State Consultation.--A State educational agency
receiving funds under this section shall consult with
recipients of grants under this title and other individuals
or organizations involved in the development or operation of
programs serving limited-English-proficient children or youth
to ensure that funds are used in a manner consistent with the
requirements of this title.
``(e) Applications.--A State educational agency desiring to
receive an award under this section shall submit an
application to the Secretary in such form, at such time,
containing such information and assurances as the Secretary
may require.
``(f) Supplement Not Supplant.--Funds made available under
this section for any fiscal year shall be used by the State
educational agency to supplement and, to the extent
practical, to increase to level of funds that would, in the
absence of such funds, be made available by the State for the
purposes described in this section, and in no case to
supplant such funds.
``(g) Report to the Secretary.--State educational agencies
receiving grants under this section shall provide for the
annual submission of a summary report to the Secretary
containing information on such matters as the Secretary
shall, by regulation, determine necessary and proper to
achieve the purposes of this title, including information on
State capacity and progress in meeting the education needs of
all limited-English-proficient children, plans for additional
action, the effect of standards and assessments in improving
their education. Such reports shall be in such form and shall
be submitted on such date as the Secretary shall specify by
regulation.
``SEC. 7205. NATIONAL CLEARINGHOUSE FOR BILINGUAL EDUCATION.
``(a) Establishment.--The Secretary shall establish and
support the operation of a National Clearinghouse for
Bilingual Education, which shall collect, analyze,
synthesize, and disseminate information about bilingual
education and related programs.
``(b) Functions.--The National Clearinghouse for Bilingual
Education shall--
``(1) be administered as an adjunct clearinghouse of the
ERIC system of clearinghouses supported by the Office of
Educational Research and Improvement;
``(2) coordinate its activities with Federal data and
information clearinghouses and dissemination networks and
systems; and
``(3) develop a data base management and monitoring system
for improving the operation and effectiveness of funded
programs.
``SEC. 7206. INSTRUCTIONAL MATERIALS DEVELOPMENT.
``The Secretary may provide grants for the development,
publication and dissemination of high quality instructional
materials in Native American, Native Hawaiian and other
languages for which instructional materials are not readily
available. The Secretary shall give priority to the
development of instructional materials in languages
indigenous to the United States, its territories, and freely
associated nations. The Secretary shall also accord priority
to applications which provide for developing and evaluating
materials in collaboration with activities under parts A and
C of this title and which are consistent with national and
State content standards.
``SEC. 7207. EVALUATION ASSISTANCE CENTERS AND
MULTIFUNCTIONAL RESOURCE CENTERS.
``(a) Transition.--The Secretary shall extend grants or
contracts for Evaluation Assistance Centers and
Multifunctional Resource Centers that are in effect on the
date of enactment of the Improving America's School Act
through fiscal year 1996.
``(b) Continuity of Services.--(1) The Secretary shall
ensure that the comprehensive regional technical assistance
centers authorized under title II of this Act provide
services which are at least equal in volume, scope, and
quality to those provided by Evaluation Assistance Centers
and Multifunctional Resource Centers.
``(2) The Secretary shall ensure that the comprehensive
regional technical assistance centers authorized under title
II of this Act, as amended by the Improving America's School
Act, provide services which enable children and youth of
limited-English-proficiency to meet challenging State and
National standards.
``(3) The Secretary shall ensure that the comprehensive
technical assistance centers authorized under title II of
this Act are established with consideration given to the
geographic and linguistic distribution of children and youth
of limited-English-proficiency.
``(c) Gifts, Bequests, and Devises.--The entities may
accept (but not solicit), use, and dispose of gifts,
bequests, or devises of services or property, both real and
personal for the purpose of aiding or facilitating the work
of entities under this section. Gifts, bequests, or devises
of money and proceeds from sales of other property received
as gifts, bequests or devises shall be deposited in the
Treasury and shall be available for disbursement upon order
of the national clearinghouse on bilingual education, the
Evaluation and Assistance Center or Multifunctional Resource
Center, respectively.
``PART C--BILINGUAL EDUCATION TEACHER TRAINING
``SEC. 7301. PURPOSE.
``The purpose of this part is to assist in preparing
educators to improve the delivery of educational services to
language-minority and limited-English-proficient children and
youth. This part supports the training of all educational
personnel to serve more effectively limited-English-
proficient students. The goal of this part is to provide for
the training of not less than 50,000 teachers who meet
professional preparation and certification standards for
bilingual education teachers by the year 2000.
``SEC. 7302. TRAINING FOR ALL TEACHERS PROGRAM.
``(a) Purpose.--The purpose of this section is to provide
for the incorporation of courses and curricula on appropriate
and effective instructional and assessment methodologies,
strategies and resources specific to limited-English-
proficient and language-minority students into education
personnel preparation programs for teachers, counselors,
administrators and other education personnel.
``(b) Authorization.--The Secretary shall award grants for
up to 5 years to institutions of higher education, local
educational agencies, and State educational agencies or to
nonprofit organizations which have entered into consortia
arrangements with one of such institutions, agencies, or
organizations.
``(c) Permissible Activities.--Activities conducted under
this section may include the development of training programs
in collaboration with training under titles I and II of this
Act, the Head Start Act, and other relevant programs.
``(d) Priority.--The Secretary shall give priority to
applications from institutions of higher education which
currently operate, with full-time tenured faculty, programs
to prepare educators and administrators to work with
language-minority and limited-English-proficient students in
bilingual education settings and from institutions of higher
education which are attempting to start bilingual teacher
training programs if such institutions demonstrate a
significant commitment in financial and human resources,
including cash and in-kind. The Secretary shall give special
consideration to applications for such programs which provide
training of secondary school teachers or early childhood
development teachers. Such special consideration would not
disallow the funding of applications for exemplary programs
for the training of elementary school teachers.
``SEC. 7303. BILINGUAL EDUCATION TEACHERS AND PERSONNEL
GRANTS.
``(a) Purpose.--The purpose of this section is to provide
for degree programs to prepare new bilingual education
teachers, administrators, counselors, and other educational
personnel to meet high professional standards for bilingual
education teachers and to increase the availability of
educators to provide high quality education limited-English-
proficient students.
``(b) Authorization.--The Secretary shall award grants for
up to 5 years to institutions of higher education in
consortia with local or State educational agencies.
``SEC. 7304. BILINGUAL EDUCATION CAREER LADDER PROGRAM.
``(a) Purpose.--The purpose of this section is to upgrade
the qualifications and skills of non-certified educational
personnel, especially educational paraprofessionals, to meet
high professional standards, including certification and
licensure as bilingual education teachers and other
educational personnel who serve limited-English-proficient
students, through collaborative training programs operated by
institutions of higher education and local and State
educational agencies. Grants for programs under this section
may also provide for collaborative programs operated by
institutions of higher education and secondary schools which
are designed to recruit and train secondary school students
as bilingual education teachers and other educational
personnel to serve limited-English-proficient students.
``(b) Authorization.--The Secretary shall award grants of
up to 5 years for bilingual education career ladder programs
to institutions of higher education applying in consortia
with local or State educational agencies; consortia may
include community-based organizations or professional
education organizations.
``(c) Activities.--Grants funded under this section may--
``(1) include the development of bilingual education career
ladder program curricula appropriate to the needs of the
consortium participants;
``(2) provide assistance for stipends and costs related to
tuition, fees and books for enrolling in courses required to
complete degree and certification requirements as bilingual
education teachers; and
``(3) include programs to introduce secondary school
students to careers in bilingual education teaching that are
coordinated with other activities under this program.
``(d) Special Consideration.--The Secretary shall give
special consideration to applications under this section
which provide for--
``(1) participant completion of baccalaureate and masters
degree teacher education programs, certification and may
include effective employment placement activities;
``(2) development of teacher proficiency in English and a
second language, including required demonstration of
proficiency in the instructional use of English and a second
language in classroom contexts;
``(3) coordination with Trio, the Teacher Corps, National
Community and Service Trust Act, Mini Corps, and other
programs for the recruitment and retention of bilingual
students in secondary and post-secondary programs to train as
bilingual educators; and
``(4) the applicant's contribution of additional student
financial aid to participating students.
``SEC. 7305. GRADUATE FELLOWSHIPS IN BILINGUAL EDUCATION
PROGRAM.
``(a) Authorization.--The Secretary may award fellowships
for masters, doctoral, and post-doctoral study related to
instruction of children and youth of limited-English-
proficiency in such areas as teacher training, program
administration, research and evaluation, and curriculum
development, and for the support of dissertation research
related to such study. For fiscal year 1994 not less than 500
fellowships leading to a masters or doctorate degree shall be
awarded under this section, rising each subsequent year of
this authorization by not less than 50. The Secretary shall
include information on the operation and the number of
fellowships awarded under the fellowship program in the
report required under section 7401 of this title.
``(b) Fellowship Requirements.--(1) Any person receiving a
fellowship under this section shall agree to--
``(A) work in an activity related to the program or in an
activity such as those authorized under this title, including
work as a bilingual education teacher, for a period of time
equivalent to the period of time during which such person
receives assistance under this title; or
``(B) repay such assistance.
``(2) The Secretary shall establish in regulations such
terms and conditions for such agreement as the Secretary
deems reasonable and necessary and may waive the requirement
of paragraph (1) in extraordinary circumstances.
``(c) The Secretary may give priority to institutions of
higher education that demonstrate experience in assisting
fellowship recipients find employment in the field of
bilingual education.
``SEC. 7306. APPLICATIONS.
``(a) In General.--Each applicant or consortium that
desires to receive a grant under this part shall submit an
application to the Secretary and the State educational agency
or State board for higher education as appropriate, at such
time and in such manner as the Secretary shall prescribe. The
application shall demonstrate integration, where appropriate,
with the State and local plans, if such plans exist, for
serving limited-English-proficient students. The State and
local educational agency, and where applicable the State
board for higher education, may comment in writing on the
application indicating how the application furthers State
education reform activities, including the provision of
appropriate high quality education to all language minority
students. If the State educational agency or State Board for
Higher Education submits comments on any application, it
shall submit comments on all. The Secretary shall take any
written comments that have been made into consideration when
considering applications under this part.
``(b) Eligible Entities.--
``(1) A grant may be made under this part upon application
of an institution of higher education, applying individually
or jointly with one or more local educational agencies,
nonprofit organizations, or State educational agencies.
``(2) The Secretary shall provide for outreach and
technical assistance to institutions of higher education
eligible under title III of the Higher Education Act and
institutions of higher education that are operated or funded
by the Bureau of Indian Affairs to facilitate their
participation in activities under this part.
``(3) In making grants under this part, the Secretary
shall, consistent with subsection (d), ensure adequate
representation of Hispanic serving institutions that
demonstrate competence and experience in the programs and
activities authorized under this title and are otherwise
qualified.
``(c) Application Requirements For Bilingual Teacher
Training Programs.--The application shall demonstrate
integration, where appropriate, with the State plan, if one
exists, for serving limited-English-proficient students.
``(d) Preference in Assistance and Purpose of Training.--
``(1) In making a grant under this part the Secretary shall
give preference to programs which--
``(A) include tenured faculty in bilingual education, and
``(B) and for institutions of higher education which are
attempting to start bilingual teacher training programs if
such institutions demonstrate a significant commitment in
financial and human resources, including cash and in-kind.
``(C) provide additional resources for such training from
other sources.
``(2) In making grants under sections 7302, 7303 and 7304,
the Secretary shall give special consideration to programs
that ensure that individuals completing such programs
demonstrate proficiency in English and a second language.
``SEC. 7307. PROGRAM REQUIREMENTS.
``Activities conducted under this part shall assist
educational personnel in meeting State and local
certification requirements for bilingual education and,
wherever possible, shall award college or university credit.
``SEC. 7308. STIPENDS.
``The Secretary shall provide for the payment of such
stipends (including allowances for subsistence and other
expenses for such persons and their dependents), as the
Secretary determines to be appropriate, to persons
participating in training programs under this part.
``SEC. 7309. PROGRAM EVALUATIONS UNDER PART C.
``Each recipient of funds under part C of this title shall
provide the Secretary with an evaluation of its program every
two years. Such evaluation shall include data on--
``(1) post-program placement of persons trained;
``(2) how the training relates to the employment of persons
served by the program;
``(3) program completion; and
``(4) such other information as the Secretary may require.
``PART D--ADMINISTRATION
``SEC. 7401. OFFICE OF BILINGUAL EDUCATION AND MINORITY
LANGUAGE AFFAIRS.
``(a) Establishment.--There shall be, in the Department of
Education, an Office of Bilingual Education and Minority
Languages Affairs through which the Secretary shall carry out
functions relating to bilingual education.
``(b) Director.--(1) The Office shall be headed by a
Director of Bilingual Education and Minority Languages
Affairs, appointed by the Secretary, to whom the Secretary
shall delegate all delegable functions relating to bilingual
education. The Director shall also be assigned responsibility
for recommending improvements and providing technical
assistance to other Federal programs serving language-
minority and limited-English-proficient students and their
families and for assisting the Assistant Secretary of the
Office of Educational Research and Improvement in identifying
research priorities which reflect the needs of language-
minority and limited-English language proficient students.
``(2) The Office shall be organized as the Director
determines to be appropriate in order to carry out such
functions and responsibilities effectively.
``(3) The Secretary shall ensure that limited-English-
proficient and language-minority students are included in
ways that are valid, reliable and fair under all standards
and assessment development conducted or funded by the
Department.
``(c) Report.--The Director shall prepare and, not later
than February 1 of every other year, shall submit to
Congress, the President, the Governors, and the clearinghouse
a report on--
``(1) the activities carried out under this title and their
effectiveness in improving the education provided to limited-
English-proficient children and youth;
``(2) a critical synthesis of data reported by the States
pursuant to section 7204;
``(3) an estimate of the number of certified bilingual
education personnel in the field and an estimate of the
number of bilingual education teachers which will be needed
for the succeeding 5 fiscal years;
``(4) the major findings of research carried out under this
title; and
``(5) recommendations for further developing the capacity
of our Nation's schools to educate effectively limited-
English-proficient students.
``(d) Assessment of Gateway Education.--The Secretary shall
prepare a report on the education of all students who reside
near the United States border with Canada and Mexico or areas
or communities which serve as a gateway for immigrants to the
United States. Gateway communities shall include Hawaii, the
Commonwealth of Puerto Rico, as well as the territories and
freely associated nations. The report shall identify trends
in student and out-of-school youth immigration trends,
appropriate procedures for the international transfer of
records, the language proficiency of students living in
border and gateway areas, and opportunities for teacher
exchange. Such efforts shall be coordinated with other
ongoing efforts in this area. A preliminary report on these
issues shall be provided to the Congress not later than 2
years after the enactment of this Act. The final report
including policy proposals for improvements in these areas
shall be provided to Congress and the President not later
than October 21, 1997.
``(e) Coordination With Related Programs.--In order to
maximize Federal efforts aimed at serving the educational
needs of children and youth of limited-English proficiency,
the Secretary shall coordinate and ensure close cooperation
with other programs serving language-minority and limited-
English-proficient students that are administered by the
Department of Education and other agencies. The Secretary
shall consult with the Secretary of Labor, the Secretary of
Health and Human Services, the Secretary of Agriculture,
Attorney General and other relevant agencies to identify and
eliminate barriers to appropriate coordination of programs
that affect language-minority and limited-English-proficient
students and their families. The Secretary shall provide for
continuing consultation and collaboration between Office and
relevant programs operated by the Department, including title
I and other programs in this Act, in planning, contracts,
providing joint technical assistance, providing joint field
monitoring activities and in other relevant activities to
ensure effective program coordination to provide high quality
education opportunities to all language-minority and limited-
English-proficient students. In no case shall such
coordination at the local, State or Federal level permit
funds under this title to be used in programs that do not
provide bilingual education or special alternative
instructional programs for the instruction of language-
minority or limited-English-proficient students.
``(f) The Secretary shall, to the extent feasible, ensure
that all data collected shall include for the collection and
reporting of data on limited-English-proficient students in
all Departmental data keeping and with respect to all Federal
education programs.
``(g) Staffing Requirements.--The Secretary shall ensure
that the Office of Bilingual Education and Minority Language
Affairs is staffed with sufficient personnel trained or with
experience in bilingual education to discharge effectively
the provisions of this title.
``(1) Notwithstanding section 403 of the Department of
Education Organization Act, the Assistant Secretary may
appoint not more than 7 additional employees to serve as
staff without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service.
``(2) The employees appointed under paragraph (1) may be
paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, but shall not
be paid a rate that exceeds the minimum rate of basic pay
payable for GS-15 of the General Schedule.
``(h) Reading Applications.--For the purpose of reading
applications for competitive grants authorized under this
title, the Secretary shall use persons who are not employees
of the Federal Government and who are experienced and
involved in bilingual education including teachers,
researchers, and administrators of educational programs
similar to those assisted under this title. Readers of
applications for grants involving conservation of Indian
languages and other indigenous language which are subject to
loss shall include individuals with expertise in such
programs. The Secretary shall solicit nominations for
application readers from State directors of bilingual
education, graduate programs of bilingual education, tribal
organizations and professional associations and shall have
readers serve for a period of 3 years.
``(i) Publication of Proposals.--The Secretary shall
publish and disseminate all requests for proposals for
programs funded under this title.
``SEC. 7402. RELEASE TIME.
``Professional development programs funded under this Act
shall permit use of funds for professional release time to
enable participation in programs assisted under this part.
``SEC. 7403. EDUCATION TECHNOLOGY.
``Funds available under this Act may be used to provide for
the acquisition or development of education technology or
instructional materials, including authentic materials in
languages other than English, access to and participation in
electronic networks for materials, training and
communications, and incorporation of such resources in
curricula and programs such as those funded under this title.
``SEC. 7404. NOTIFICATION.
``The State educational agency, when applicable, the State
Board for postsecondary education, when applicable, the
clearinghouse, the applicable Evaluation and Assistance
Center and Multifunctional Resource Center shall be notified
within three working days of the date a grant is made to an
eligible entity within the State.
``SEC. 7405. CONTINUED ELIGIBILITY.
``Entities receiving grants under this title shall remain
eligible for grants for subsequent activities which extend or
expand and do not duplicate those activities supported by a
previous grant under this title. In considering applications
for grants under this title the Secretary shall take into
consideration the applicant's record of accomplishments under
previous grants.
``SEC. 7406. LIMITATION OF AUTHORITY.
``The Secretary shall not impose restrictions on the
availability of funds authorized under this title other than
those set out in this title or other applicable Federal
statutes and regulations.
``PART E--TRANSITION
``SEC. 7501. TRANSITION PROVISIONS.
``Any grant or contract awarded under this title prior to
the date of the enactment of the Improving America's Schools
Act of 1994 shall be allowed to continue the term of the
original award in accordance with the conditions of the
original award but not for a period in excess of 3 years from
the date of the grant or contract.
``PART F--EMERGENCY IMMIGRANT EDUCATION PROGRAM
``SEC. 7601. PURPOSE.
``The purpose of this part is to assist eligible local
educational agencies that experience unexpectedly large
increases in their student population due to immigration to--
``(1) provide high-quality instruction to immigrant
children and youth; and
``(2) help such children and youth--
``(A) with their transition into American society; and
``(B) meet the same challenging State performance standards
expected of all children and youth.
``SEC. 7602. STATE ADMINISTRATIVE COSTS.
``For any fiscal year, a State educational agency may
reserve up to 1.5 percent of the amount allocated to it under
section 7604 to pay the costs of performing its
administrative functions under this part.
``SEC. 7603. WITHHOLDING.
``Whenever the Secretary, after reasonable notice and
opportunity for a hearing to any State educational agency,
finds that there is a failure to meet the requirement of any
provision of this part, the Secretary shall notify that
agency that further payments will not be made to the agency
under this part, or in the discretion of the Secretary, that
the State educational agency shall not make further payments
under this part to specified local educational agencies whose
actions cause or are involved in such failure until the
Secretary is satisfied that there is no longer any such
failure to comply. Until the Secretary is so satisfied, no
further payments shall be made to the State educational
agency under this part, or payments by the State educational
agency under this part shall be limited to local educational
agencies whose actions did not cause or were not involved in
the failure, as the case may be.
``SEC. 7604. STATE ALLOCATIONS.
``(a) Payments.--The Secretary shall, in accordance with
the provisions of this section, make payments to State
educational agencies for each of the fiscal years 1995
through 1999 for the purpose set forth in section 7601.
``(b) Allocations.--(1) Except as provided in subsections
(c) and (d) of this section, of the amount appropriated for
each fiscal year for this part, each State participating in
this program shall receive a share equal to the proportion of
its number of immigrant children and youth who are enrolled
in elementary and secondary public schools under the
jurisdiction of each local educational agency described in
paragraph (2) within that State, and in elementary and
secondary nonpublic schools within the district served by
each such local educational agency, relative to the total
number of immigrant children and youth so enrolled in all the
States participating in this program.
``(2) The local educational agencies referred to in
paragraph (1) are those local educational agencies in which
the sum of the number of immigrant children and youth who are
enrolled in elementary or secondary public schools under the
jurisdiction of such agencies, and in elementary or secondary
nonpublic schools within the districts served by such
agencies, during the fiscal year for which the payments are
to be made under this part, is equal to--
``(A) at least 500; or
``(B) at least 3 percent of the total number of students
enrolled in such public or nonpublic schools during such
fiscal year;
whichever number is less.
``(c) Determinations of Number of Children and Youth.--(1)
Determinations by the Secretary under this section for any
period with respect to the number of immigrant children and
youth shall be made on the basis of data or estimates
provided to the Secretary by each State educational agency in
accordance with criteria established by the Secretary, unless
the Secretary determines, after notice and opportunity for a
hearing to the affected State educational agency, that such
data or estimate are clearly erroneous.
``(2) No such determination with respect to the number of
immigrant children and youth shall operate because of an
underestimate or overestimate to deprive any State
educational agency of the allocation under this section that
such agency would otherwise have received had such
determination been made on the basis of accurate data.
``(d) Reallocation.--Whenever the Secretary determines that
any amount of a payment made to a State under this part for a
fiscal year will not be used by such State for carrying out
the purpose for which the payment was made, the Secretary
shall make such amount available for carrying out such
purpose to one or more other States to the extent the
Secretary determines that such other States will be able to
use such additional amount of carrying out such purpose. Any
amount made available to a State from any appropriation for a
fiscal year in accordance with the preceding sentence shall,
for purposes of this part, be regarded as part of such
State's payment (as determined under subsection (b)) for such
year, but shall remain available until the end of the
succeeding fiscal year.
``(e) Reservation of Funds.--(1) If appropriations under
this part exceed $40,000,000 for a fiscal year, a State
educational agency may reserve up to 20 percent of its
payment for redistribution through competitive grants to
local educational agencies within the State in the following
manner:
``(A) At least one-half of such grants shall be made to
local educational agencies within the State with the highest
numbers and percentages of immigrant children and youth.
``(B) Remaining funds shall be distributed to local
educational agencies within the State with a sudden influx of
immigrant children and youth which are otherwise not eligible
for assistance under this part.
``(2) Local educational agencies with the highest number of
immigrant children and youth receiving additional funds under
this subsection may make information available on serving
immigrant children and youth to areas in the State with
sparse numbers of such children.
``SEC. 7605. STATE APPLICATIONS.
``(a) Submission.--No State educational agency shall
receive any payment under this part for any fiscal year
unless such agency submits an application to the Secretary at
such time, in such manner, and containing or accompanied by
such information, as the Secretary may reasonably require.
Each such application shall--
``(1) provide that the educational programs, services, and
activities for which payments under this part are made will
be administered by or under the supervision of the agency;
``(2) provide assurances that payments under this part will
be used for purposes set forth in section 7601, including a
description of how local educational agencies receiving funds
under this part will use such funds to meet such purposes,
and how the program designs are consistent with other
education improvement plans, including any developed under
Goals 2000: Educate America Act, if such plan exists, or
title I;
``(3) provide assurances that such payments, with the
exception of payments reserved under section 7604(e), will be
distributed among local educational agencies within that
State on the basis of the number of immigrant children and
youth counted with respect to each such local educational
agency under section 7604(b)(1);
``(4) provide assurances that the State educational agency
will not finally disapprove in whole or in part any
application for funds received under this part without first
affording the local educational agency submitting an
application for such funds reasonable notice and opportunity
for a hearing;
``(5) provide for making such reports as the Secretary may
reasonably require to perform the functions under this part;
``(6) provide assurances--
``(A) that to the extent consistent with the number of
immigrant children and youth enrolled in the elementary or
secondary nonpublic schools within the district served by a
local educational agency, such agency, after consultation
with appropriate officials of such schools, shall provide for
the benefit of these children and youth secular, neutral, and
nonideological services, materials, and equipment necessary
for the education of such children and youth;
``(B) that the control of funds provided under this part
and title to any materials, equipment, and property repaired,
remodeled, or constructed with those funds shall be in a
public agency for the uses and purposes provided in this
part, and a public agency shall administer such funds and
property; and
``(C) that the provision of services pursuant to this
paragraph shall be provided by employees of a public agency
or through contract by such public agency with a person,
association, agency, or corporation who or which, in the
provision of such services, is independent of such elementary
or secondary nonpublic school and of any religious
organization; and such employment or contract shall be under
the control and supervision of such public agency, and the
funds provided under this paragraph shall not be commingled
with State or local funds;
``(7) provide that funds reserved under subsection (e) of
section 7604 be awarded on the basis of merit and need
consistent with such subsection; and
``(8) provide an assurance that State and local educational
agencies receiving funds under this part will comply with the
requirements of section 1121(b).
``SEC. 7606. PAYMENTS.
``(a) Amount.--The Secretary shall pay by not later than
June 1 of each year to each State educational agency that has
its application approved under section 7605 the amount of the
State's allocation as determined under section 7604.
``(b) Services to Children Enrolled in Nonpublic Schools.--
If by reason of any provision of law a local educational
agency is prohibited from providing educational services for
children enrolled in elementary and secondary nonpublic
schools, as required by section 7605(a)(6), or if the
Secretary determines that a local educational agency has
substantially failed or is unwilling to provide for the
participation on an equitable basis of children enrolled in
such schools, the Secretary may waive such requirement and
shall arrange for the provision of services to such children
through arrangements which shall be subject to the
requirements of this part. Such waivers shall be subject to
consultation, withholding, notice, and judicial review
requirements in accordance with the provisions of title I.
``SEC. 7607. USES OF FUNDS.
``(a) Use of Funds.--Funds awarded under this part shall be
used to pay for enhanced instructional opportunities for
immigrant children and youth, which may include--
``(1) family literacy, parent outreach, and training
activities designed to assist parents to become active
participants in the education of their children;
``(2) salaries of personnel, including teacher aides who
have been specifically trained, or are being trained, to
provide services to immigrant children and youth;
``(3) tutorials, mentoring, and academic or career
counseling for immigrant children and youth;
``(4) identification and acquisition of curricular
materials, educational software, and technologies to be used
in the program; and
``(5) such other activities, related to the purposes of
this part, as the Secretary may authorize.
``(b) Consortia.--A local educational agency that receives
a grant under this part may collaborate or form a consortium
with one or more local educational agencies, institutions of
higher education, and non-profit organizations to carry out
the approved program.
``(c) Subgrants.--A local educational agency that receives
a grant under this part may, with the approval of the
Secretary, make a subgrant to, or enter into a contract with,
an institution of higher education, a non-profit
organization, or a consortium of such entities to carry out
an approved program, including a program to serve out-of-
school youth.
``SEC. 7608. REPORTS.
``(a) Triennial Report.--Each State educational agency
receiving funds under this part shall submit, once every 3
years, a report to the Secretary concerning the expenditure
of funds by local educational agencies under this part. Each
local educational agency receiving funds under this part
shall submit to the State educational agency such information
as may be necessary for such report.
``(b) Report to Congress.--The Secretary shall submit, once
every 3 years, a report to the appropriate committees of the
Congress concerning programs under this part.
``SEC. 7609. AUTHORIZATION OF APPROPRIATIONS.
``For the purpose of carrying out the provisions of this
part, there are authorized to be appropriated $40,000,000 in
fiscal year 1995, and such sums as may be necessary for each
of the fiscal years 1996, 1997, 1998, and 1999.
The CHAIRMAN. Are there amendments to this title?
amendment offered by mr. roth
Mr. ROTH. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Roth: Beginning on page 618,
strike line 1 and all that follows through page 688, line 10.
Mr. ROTH. Mr. Chairman, we Americans are people from every corner of
the globe, every cultural, every religious, every linguistic, every
ethnic background. We are the most diverse nation in the world. Yet we
are one Nation, one people.
Why? One of the main reasons is because we have a wonderful bond, a
wonderful common glue, a commonality called the English language.
From the very beginning of our government, Mr. Chairman, from 1789 to
1968, 179 years, we did not have bilingual education as a governmental
policy. Then in the 1960's, the period of the Great Society, the
concept of bilingual education was established.
Now for 25 years this issue has not been debated, and that is one of
the reasons, one of the main purposes, for my amendment. Bilingual
education is a failure. It costs the taxpayer, Federal, State, and
local government, billions of dollars. It pits one group against
another, and sets up now and in the future, linguistic ghettos, and it
sets up entire subcultures. This is not what we want in America because
we realize what they will mean to America's future. It only helps
bilingualism, only helps professional activists and politicians who
profit from this policy.
Listen to Everett Alvarez, Jr., best-selling author and a decorated
Vietnam war hero:
Like my parents before me, and with even more justification
than they had, I believe that education is the key to a
successful and happy life in an open society. With that in
mind, I oppose the movement to make Spanish (or any other
foreign tongue) a second coequal language in American
schools. This is a hindrance, rather than a help to the young
people who will eventually have to make their way in an
English speaking society.
Listen, as well, to Jose Fabila, a Sacramento businessman who
testified at the English language task force hearings we held in August
of last year:
English is the language of opportunity for everybody in
this country. Bilingual education has been created for
political purposes. Immigrants have not even asked for these
services. Government bureaucrats fight for bilingual programs
because they get money and status from them. It is in this
way that the government divides us on the basis of language
and national origin. It is a grave danger to all of us.
And it was best said by Ernesto Ortiz, a foreman on a south Texas
ranch who put it this way:
My children learn Spanish in school so they can grow up to
be busboys and waiters. I teach them English at home so they
can grow up to be doctors and lawyers.
Arthur Schlesinger, in his fine little book, The Disuniting of
America, and many people are talking about this particular issue, where
America is headed, but he says, and I quote in just a sentence:
And in a world savagely rent, and we see that, by ethnic
and racial antagonisms it is all the more essential that the
United States continue as an example of how a highly
differentiated society holds itself together.
And in another place he says:
Bilingualism is an elitist, not a popular, movement.
Institutionalized bilingualism remains another source of
fragmentation of America, another threat to the dream of one
people.
Mr. Chairman, people who have given this a good deal of thought
realize that, if we are going to remain one Nation, one people, then we
have to have a commonality that brings all of our cultures together. It
is great for us to have different cultures and for people to speak any
language they want in their home, to cherish their culture, but we have
to have a commonality, a common link that brings all us together as
Americans, and that is the English language. Not only are immigrants
taught in bilingual education from outside of our country coming in,
but also people who were born here are now in bilingual education.
Charles Pacheco, and ex-marine and a native-born American, has this
story to tell: His daughter was placed into a bilingual education
program, not because she didn't speak English, but because her last
name was Hispanic in origin. Even after Mr. Pacheco informed the school
that no one in his home spoke Spanish, his daughter remained trapped in
that bilingual education class.
My position is best stated by a Chicago Tribune editorial:
Bilingual education has ossified into practices that foster
and prolong ethnic segregation and isolation. It robs
children of their best chance to become full participants in
American life. And it contributes to the fragmenting of this
nation into competing ethnic splinters, increasingly
conscious and defensive of our differences instead of our
unity.
We are all Americans. Let us rise above special interests. Let us
rise above the education lobby. Let us rise above group mentality. This
is our country, our entire country. It belongs to all of us.
Let us, therefore, proceed and vote on this amendment so that we can
keep one Nation, one people, indivisible.
Joseph Califano, who was President Carter's Secretary of Health,
Education, and Welfare from 1979 was with President Johnson when this
program was initiated in 1968.
The CHAIRMAN. The time of the gentleman from Wisconsin [Mr. Roth] has
expired.
(By unanimous consent, Mr. Roth was allowed to proceed for 30
additional seconds.)
Mr. ROTH. Mr. Chairman, here is what he said:
Of most serious concern to me was that the HEW bilingual
education program had become captive of professional Hispanic
and other ethnic groups with their understandable emotional,
but often exaggerated, political rhetoric and biculturalism.
{time} 1450
Joseph Califano was there when this was started, and he has now said
that it is time for us to rethink this program because it does not
serve our immigrant children of America.
Mr. FORD of Michigan. Mr. Chairman, I rise in opposition to the
gentleman's amendment.
(Mr. FORD of Michigan asked and was given permission to revise and
extend his remarks.)
Mr. FORD. of Michigan. Mr. Chairman, the gentleman's closing remarks
are the most telling. He says that Joseph Califano was with the Johnson
administration when they invented bilingual. That is just another
illustration that the gentleman does not know what he is talking about.
Bilingual education was not invented by or created by the Congress or
by any State legislature. The requirement placed upon the States to
provide bilingual education resulted from a Supreme Court decision, Lau
versus Nichols, and the remedies developed by U.S. Commissioner of
Education Jewell Bell to assist States in meeting the spirit of that
decision.
The Lau decision involved Chinese children from San Francisco who
were dispersed into schools where there were no Chinese speaking
teachers. There was a lawsuit brought on behalf of some of those
students. The Supreme Court held that if the children could not be
communicated with by the teacher, they could not get a free public
education.
They used the same reasons they have used in the past to force
schools to buy school books for children and to force schools to buy
slates for children, and pencils and papers.
If we adopt the gentleman's amendment, we abolish the help that the
Federal Government gives to States and localities to provide the
remedies developed to meet this Supreme Court decision. We do not
impose a mandate. We came along and said if States are going to have to
ensure a meaningful education to students who do not understand
English, we had better give them some help. The gentleman's amendment
would stop the help we have been giving them for 20 years to meet this
court-imposed mandate.
The Bilingual Education Act is the major Federal assistance
specifically designed to help State and local agencies meet the needs
of the limited English-proficient students. Schools are at the present
time facing the largest influx of immigrants since the early 1990's.
Limited English-proficient students are the fastest growing segment of
our school population.
California experienced a threshold increase in the limited English-
speaking proficient population during the past decade, with 1 million
students attending California's schools. In New Mexico, 2 of every 10
students is limited English-proficient. In Texas, 1 of every 10
students is limited English-proficient. During the 1980's the
population of limited English-proficient children coming to the schools
increased 38 percent in Montana, 46 percent in Oklahoma, 39 percent in
South Dakota, 36 percent in North Dakota, and 41 percent in Delaware.
We can go all across the country and track these numbers and we will
see it.
The Federal Government which controls immigration policy has a
responsibility to the public schools by offsetting the cost of their
need of additional resources they are mandated to spend because the
courts have said that they will have to have those programs. If we
would adopt the gentleman's amendment, we would not stop one bilingual
program in this country. What we would do is force our States or our
local school districts at the point of a gun held by the court system
to come up with money from some other source, and this year we are
going to have to replace $156 million with local tax money. If we want
to dump this burden into the local taxpayer and take it out of our
regular school programs, we can vote for the Roth amendment. If Members
think they are getting a cheap shot at people who do not speak English
very well or little children who live in a household where English is
not spoken, they can take the cheap shot.
Perhaps Members may, like the gentleman from Wisconsin, think that
would be a good political move. I think it is just plain stupid.
Mr. Chairman, I urge the Members to vote against the amendment.
Mr. Chairman, I submit the following material following my remarks:
Oppose the Roth Amendment To Repeal Bilingual Education
The Bilingual Education Act makes clear that parents
choose, are not required, to enroll their child in a
bilingual program. Bilingual Education offers choice.
Schools that are able to offer two-way bilingual programs,
are finding that their limited-English-proficient students
acquire English faster and in greater depth than limited-
English-proficient students in the same school who are placed
in English immersion programs.
The amendment is opposed by the Dept. of Education, OMB and
diverse organizations, including: American Assn. of School
Administrators, National Conference of State Legislatures,
U.S. Catholic Conference, National School Boards Assn.,
National Parent Teacher Association, National Assn. of State
Boards of Education, Nat'l Assn. of Elementary School
Principals and others.
This amendment would discourage the use of bilingual
education programs, in favor of English immersion programs.
Under the Committee's bi-partisan bill, English immersion
programs are supported and so are bilingual education
programs. The bill approved by the Committee helps schools
offer ``choice'' to their students for the instructional
approaches which work best in each individual situation.
Limited English proficient children would be discouraged
from reaching high academic standards in their native
languages while acquiring English. This provision eviscerates
a major premise of the bill which is to hold all students to
high academic standards. Almost all the research looking at
long-term results over at least four years has found that the
greater the amount of instructional support in one's native
language, combined with balanced support in English, the
higher they are able to achieve academically in English in
the succeeding academic years. In Arlington County Virginia,
a two-way bilingual education program begun 8 years ago in
one elementary school has been so successful that (1) a
second program was begun in an elementary school close by to
meet the large demand, (2) a junior high school program was
implemented in the same area in response teacher and parent
desire for a continuation of the program, and (3) a high
school two-way bilingual program is about to be offered in
that same area.
The Committee bill is carefully crafted to provide a
balance of support for bilingual education programs and for
special alternative instructional programs (those using
English). The amendment would alter this balance which
ensures that schools with students of diverse language
backgrounds and schools without access to proficient
bilingual education teachers are given full consideration for
program funds.
Mr. FORD of Michigan, Mr. Chairman, lastly, let me read from a letter
from Secretary Riley who opposes this amendment.
Department of Education,
Washington, DC, March 21, 1994.
Dear Member of Congress: I am writing in strong opposition
to the Roth amendments which may be offered to H.R. 6, the
reauthorization of the Elementary and Secondary Education
Act. These amendments to Title VII would prohibit the
implementation of bilingual education, or, alternatively,
eliminate all Federal support for Title VII services to
limited-English-proficient children.
Since its inception some 25 years ago, Title VII has been
the primary Federal education assistance program for states
and local schools in their educational equity pursuits in
behalf of limited-English-proficient students. Elimination of
this program would place further burden on state and local
education agencies as they implement legally mandated
requirements to educate limited-English-proficient students
(under the Supreme Court's Lau v. Nichols decision) while the
number of these students increases to record proportions.
Moreover, research over the last decade, including the
Education Department's independent evaluations of bilingual
education programs, indicates clearly that bilingual
education strategies can be effective in the development of
English language competencies and related academic content
achievement.
I hope you will vote against these amendments.
Yours sincerely,
Richard W. Riley,
Secretary.
Mr. EMERSON. Mr. Chairman, I move to strike the last word.
(Mr. EMERSON asked and was given permission to revise and extend his
remarks.)
Mr. EMERSON. Mr. Chairman, While Mr. Roth, and I share many similar
views, such as the importance of the English language, I must rise
today in opposition to the Roth amendments to H.R. 6 which would
restrict or eliminate federally supported bilingual education programs.
As my colleagues may know, I am the persistent author of several
pieces of legislation regarding the English language. One bill would
declare English to be the official language of our Federal Government,
another would offer tax credits to employers who offer English language
training and instruction to the employees, and another would prohibit
citizenship ceremonies in a language other than English.
I have introduced and strongly support these bills because I know it
is the bond of language that has blended our many cultures to form a
heritage that is uniquely American. The movement for official English
is inclusive, and it seeks to extend the American Dream to all
Americans, regardless of race, religion, national origin, or language
ability.
In order to achieve nationwide communication in English, bilingual
education must continue. Children from all over the world face a
difficult transition from their native language into English fluency
when they enter American schools. Bilingual education is based on the
idea that the transition can be eased when children can be taught--
temporarily--in the language they understand.
I do share the concerns of Mr. Roth that some bilingual education
programs may be losing sight of the original goal of bilingual
education. The goal of bilingual education was and is to help children
become fluent in English as quickly as possible. For example, while I
recognize that there is a transition period whereby children need time
to learn English, I do not agree with some educators and policymakers
about the length of the transition period--which some believe should
last as long as 8 years. Bilingual education was enacted because
Congress wants limited English proficient students to quickly learn
English and move on.
I think that--as with many Government programs--bilingual education
could certainly stand changing and updating. However, these
improvements will not take place if local schools lose Federal funds or
if all references to bilingual education are eliminated. Instead, we
need to work to ensure that local schools have the flexibility to use
these funds for programs they believe work best. Bilingual education
programs which use innovative methods to move students along more
quickly and thus integrate them with their peers sooner should be
encouraged, rewarded, and highlighted for others to replicate.
Knowledge of English is a key to opportunity in America. Those who
don't speak English have only a limited number of doors available to
them. In 1990, one in seven children lived in a home where a language
other than English was spoken. For these children, a bilingual
education class which quickly and effectively leads to fluency in
English is crucial to their futures.
For these reasons, I cannot support the Roth amendments and urge
their defeat. But I want to encourage my colleagues to support the
underlying issue for these amendments, official English and the
Language of Government Act. Legislating a common language makes common
sense. By designating English as the official language of the Federal
Government, we will create a channel of communication common to all the
diverse peoples of this great Nation of ours. Bilingual education and
official English can work together to bring our Nation together.
{time} 1500
Mr. KILDEE. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I oppose the gentleman's amendment. Bilingual
education, as has been pointed out by the gentleman from Michigan [Mr.
Ford], our chairman, is the only Federal assistance program designed to
help State and the school districts to meet the needs of students with
limited English proficiency.
I would suggest the gentleman read the bilingual section of this 902-
page bill, where it gives the purpose of bilingual education. I helped
write this purpose of bilingual education in a bipartisan way with
people like Steve Bartlett and John McCain, when he was a Member of the
House.
It is the purpose, the bill reads, of this title, to help ensure that
limited English proficient students master English and develop high
levels of academic attainment in content areas.
That is the purpose of bilingual education. With John McCain, and
Steve Bartlett, when we worked on this bill over the last three
authorizations, we allowed 25 percent of the money to be used for
alternative methods of helping these students with limited English
proficiency. And with Mr. Goodling's amendment in committee, we allow
waivers to go beyond that 25 percent.
We recognize that it would be a terrible social failure, a terrible
educational failure, for a student to finish school not being
proficient in English. Bilingual education, as written in this bill,
recognizes that. But we wanted to make sure that those students do not
fall behind in promotion or in graduation because of their lack of
English proficiency. When they are in the third grade, we want them to
become English proficient, but at the same time, when they are learning
the other subjects, to use their native language when necessary, to
make sure they do not fall behind their peers in that class.
Again, I will read to the gentleman. The purpose of this title is to
ensure that limited English proficient students master English. We want
them to do that. We do not want them to fall behind their peers in
their other subjects.
Ms. ROS-LEHTINEN. Mr. Chairman, I move to strike the requisite number
of words.
Ms. ROS-LEHTINEN. Mr. Chairman, I rise in opposition to the
amendments offered by Representative Roth which would restrict or
eliminate federally funded bilingual education programs.
One of the amendments would deny thousands of disadvantaged students
of the essential services they need to succeed educationally. The other
amendment would eliminate badly needed funding to schools which are
legally required to provide special services to students with limited
English proficiency.
Bilingual programs aid students who do not speak English to develop
competency in English, and they aim to ensure that these students
maintain good academic progress in other academic areas. Eliminating
the bilingual programs would deprive bilingual children of an essential
part of their education. The consequences to this are devastating--not
only to these children and their families, but to the country as a
whole, when these children reach adulthood.
I learned English through a bilingual program when I came to this
country as a child and therefore, I witnessed firsthand the invaluable
service this program provides. As a certified teacher, I have seen how
students in bilingual programs succeed in school, and tackle
challenging situations.
Bilingual programs address the different needs experienced by
students who are learning a second language. These needs are the
ability to communicate in English, the type of English needed to
socially interact, and the type of English needed to successfully
participate in the curriculum. The bilingual program offers techniques
that account for different linguistic and cultural habits as well as
speeding the process of language learning by reinforcing both
languages.
Removing these programs means that we are disregarding the high
percentage of students whose first language is not English. A bilingual
program is imperative if we are to make productive citizens out of all
our students. That is why I oppose Mr. Roth's amendments and I urge my
colleagues to do the same.
When I came to the United States at age 7, I did not know how to
speak one word in English. The classroom was totally bewildering to me,
because I did not understand anything the teacher was saying. But,
because the Dade County Public School System was, and continues to be,
a vanguard in the bilingual educational movement, programs were already
being implemented to help refugee children--thousands of them--just
like me.
I went to Southside, Riverside, and Shenandoah Elementary Schools in
Miami and all had excellent bilingual programs.
In a few years, all of us Cuban refugees were able to be mainstreamed
into an English-only classroom.
Could I have survived without a bilingual program? No, I doubt it.
Bilingual programs helped me understand the subject matter and also
have the self-confidence I needed to excel in school. There are more
little Ileana's out there. Help them learn. Support bilingual
education. Defeat the Roth amendments.
Mr. de la GARZA. Mr. Chairman, I move to strike the requisite number
of words.
Mr. Chairman, I rise against the amendment, but first let me add a
little bit of history that may not be known to most of us here.
Where I live in Texas, my hometown of Mission, TX, the first
nonoriginal language spoken there was Spanish, when the Spaniards first
came. Later they wove in with what is now Mexico, but the language
still remained Spanish. Later they came from the northeast, other white
Europeans, but not Spanish speaking, to that area of Texas.
When I was in the State legislature, there was a gentleman named
Felix Tijerina from Houston, who had grown up near Houston, and the
problem there then was every household was Spanish speaking. Therefore
when a child went to the first grade, he failed, except for a very
bright one. The second grade, he failed. The third grade he failed,
because there was no involvement at all from the Spanish community. All
of the teachers were English-speaking teachers.
Felix Tijerina then moved as a young child to Houston, working in a
restaurant washing dishes. Eventually he moved into an assistant cook
position. He eventually became the cook. Eventually he became the
manager. Eventually he bought the restaurant, which is the American
dream. But he had not yet mastered English. He had only a third grade
education. But he had a heart as big as this Chamber, and he did not
want the youngsters to go through in his day and age what he had gone
through. So he went and inquired, what is the problem? They do not know
enough basic words of English to successfully finish the first grade.
Therefore, with his own funds, he went and got one of his teachers,
and they looked about how to remedy this. The State would not touch it.
Therefore, this teacher told him that you needed 400 basic words of
English not to remain in the first grade beyond the 1 year. So he
funded several seniors from the high school in the summer prior to the
first grade for the children in that neighborhood where he had grown
up, and paid them a stipend to teach the children the basic 400 words
of English.
That little school was then called the Little School of the Four
Hundred. It was sponsored by the League of United Latin American
Citizens and Felix Tigerina through their own resources. Eventually it
caught the eye of then Governor Price Daniels, and three Members of the
Legislature, Malcolm McGregor of El Paso, Oscar Laurel of Laredo, and
myself sponsored what we called the preschool English legislation. And
it passed the House, and it passed the Senate. It was signed by
Governor Daniels at the time.
This is what we are arguing here basically in ignorance. Why did we
get there? Why did it happen? The only thing that we can do now is to
fund what the courts ordered. During elections you hear about unfunded
mandates.
{time} 1510
That was the problem. Eventually, it became such a problem that the
Federal courts moved into it. And then we legislated. I was here.
The problem became what we are now suffering, that is, it became a
Spanish issue in the areas where Spanish was spoken, little knowing
that it was French in another area and German in another area and
Polish in another area and Slovak in another area.
But now we are bashing someone who looks Oriental or if they look
like me. Someone recently said, ``We need more European-sounding names
around here.'' Is de la Garza a European-enough name for my colleagues?
Or does it have to be Winthrop or Walsh? That is what the argument is
all about. It is not about the funding. It is that we are down on
anyone that does not look American, whatever the heck that is. I guess
it is one that looks like you.
And this is the area that we are legislating mostly in ignorance,
with some degree of emotion of a negative kind. I urge my colleagues
not to discuss this type of amendment. We need to educate our children.
We need to stop crime in the streets. We need to get more housing. We
need to build more roads.
We should not be wasting our time on if someone is speaking English
or Spanish, does he look Oriental or does he look Hispanic.
The CHAIRMAN. The time of the gentleman from Texas [Mr. de la Garza]
has expired.
(By unanimous consent, Mr. de la Garza was allowed to proceed for 1
additional minute.)
Mr. de la GARZA. Mr. Chairman, I was asked recently by a person,
``Why don't you just put American where it says nationality?'' I said,
``Fine with me, but what do we do about Central America? What do we do
about South America?''
He said, ``Well, I hadn't thought about that. I thought Americans was
us.''
A friend of mine who is a singer from Mexico was in Canada not too
long ago. And at the end of his program, he sang ``God Bless America.''
A Canadian walked up to him and said, ``Why are you singing that
here?'' He said, ``Is not Canada a part of North America? Are we not
Americans all from Chile to Canada? Should we say this language, yes,
that language, no?''
I say, let us worry about the issues of the day and not emotional
outbursts of a negative nature. That is why I oppose this amendment,
Mr. Chairman.
Mr. TAYLOR of North Carolina. Mr. Chairman, I move to strike the
requisite number of words.
The CHAIRMAN. The Chair recognizes the gentleman from California [Mr.
Cunningham], a member of the committee.
Mr. TAYLOR of North Carolina. Mr. Chairman, is it possible to have
some support statements made on the floor, since most have been
negative?
The CHAIRMAN. The Chair is to give priority to members of the
committee and does not confer recognition by stated position on the
issue. The gentleman will be recognized in due course.
Mr. CUNNINGHAM. Mr. Chairman, I move to strike the requisite number
of words.
The gentleman from Wisconsin [Mr. Roth], my good friend, probably 99
percent of the time on this House floor I would be in support of the
gentleman, but as a member of the committee, I must oppose this
amendment. And if Members look at the gentlewoman from Florida [Ms.
Ros-Lehtinen], take a look at a young woman that came to this country
from Cuba and spoke no English. She rose to be a Member of the U.S.
Congress.
I would ask my colleagues to take a look at what her opportunities
would have been if she would have gone through junior high school or
even high school and not spoken or not been able to learn the English
language.
That happens in many cases in the State of California. I support
English as a first language for this country. If I were going to move,
and I am sure, Mr. Chairman, if Members would take their children to
Russia, I would want my children to learn Russian better than they knew
English. I would want them to know English as well from their home
country, but I would want them to know Russian because they would have
to operate not only in the school system but in the business place with
that language. And to be successful, it would be mandatory.
I would hope that those Russian schools would support my children in
learning the language in the mother-tongue of that country.
I take a look at the Paul Ecke School in my own district, which has a
lot of limited-English-proficient children. It is a flower-picking
area. I am talking about legal children, legal residents of this
country. The illegals, it is a totally different issue.
But there are many children, 5 years old, 6 years old, 7 years old. I
have sat in those classrooms and watched the teachers teach these
children.
Again, visualize a 5-year-old learning English, and then take that
same child to when they are in the fifth or sixth grade and not
proficient in the English language. What kind of future, where we have
a large portion of children dropping out of school, what happens to
them? They end up selling crack on the street corner or getting
involved in low-income jobs and not having much of a future or even on
welfare.
So the investment that we make in these children early on, getting
them prepared to live and work in this country and speak the language
helps them and it helps us.
This is not an issue of race or what a person looks like. It is an
issue of what a person can learn, what a person can do to help
themselves so that we as the Government do not have to help them when
they are adults.
I see a time in the future in the country, like France, where they
have actually modems that go into the homes. When I walk precincts in
my district, I go into homes where none of the parents speak English.
They are legal citizens of this country, but they are on welfare or, in
many cases, low-income jobs. I would like to see, through the
information highway someday, where we reach out into the homes with
these people to teach them English so that they can take part in the
workplace and strengthen the economy and get off the Government dole.
Mr. Chairman, in this case I go against the amendment of my good
friend, the gentleman from Wisconsin [Mr. Roth]. In the name of the
children and as a good investment, vote against this amendment.
Mr. MARTINEZ. Mr. Chairman, I move to strike the requisite number of
words, and I rise in opposition to the amendment.
My colleagues are looking at someone who has not always been a
bilingual supporter. I think it was not until more recent years that I
began to understand the gravity of young people entering into our
schools speaking a different language and not being able to comprehend
the studies and not being able to do the studies and falling behind and
falling further and further behind all the time.
Understand this, there are a lot of myths surrounding bilingual
education, and they are promoted generally by somebody who has a
certain vested interest. I am not suggesting my friend, the gentleman
from Wisconsin [Mr. Roth] has a vested interest. He is genuinely
sincere in what he is trying to do here. He is down the hall from me. I
see him all the time. On occasion we talk about this.
He talks to me about the Hispanics who sign letters and make
statements, antibilingual education. That is nothing new to me.
I remember not too long ago when this same kind of debate was taking
place in California, that there was an editorial or there were letters
to the editor on the issue in the Times, the local paper there. And if
Members looked at the letters to the editor, those that were against
bilingual education were signed by Hispanics. Those that were pro-
bilingual education were not signed by Hispanics. Non-Hispanics signed
those letters. But almost all of those that signed the letters in
support of bilingual education were professionals where the other
people were just laypeople and were emotional about it.
There are several reasons. I can understand, and if Members look at
the history of Hispanics in the United States and understand that they
are fiercely loyal to this country, fiercely patriotic, and still they
are trying to allow themselves the enjoyment of their culture and
appreciation of their culture and pride of their culture. For too many
years they were denied that. For too many years they were denied that.
And so we can understand why some Hispanics, wanting to be that proud
American, want to be called just an American not a Mexican-American. I
had a friend who once told me, he said, ``I am sick and tired of being
called a Mexican-American. My parents were born in this country. Their
parents before them were born in this country, and their parents before
this country was a country were born here. And yet I am still called a
Mexican-American.''
{time} 1520
Yet, if some blond, blue-eyed individual got off the boat one
generation ago, he is now called an American. So we can understand why
there is a fierce, determined need to be called American.
If we look at our history in wars, in every major war Hispanics have
been the most decorated heroes of those wars, even the ones they do not
call a war. If we look at World War II, the Hispanic community as an
ethnic group won more Congressional Medals of Honor than any other
group, fiercely proud of being American, fiercely proud of their
ability to speak the English language.
Let me tell the Members, if we visit the reunions of the
Congressional Medal of Honor winners we will find many of them still
speak English with a broken accent, deprived of proper education at a
very young age.
I want to associate my remarks with those of the gentlewoman from
Florida [Ms. Ros-Lehtinen] who is an immigrant from Cuba who came to
this country. She sits here in Congress a proud American, proud of her
ability to speak Spanish, which she learned without the benefit of
bilingual education.
Let me tell the Members a few of the myths about bilingual education
and where it does do some good. The gentleman from Michigan [Mr. Ford]
and others have spoken about the need for bilingual education because
it is the Head Start for Hispanics. It is the Head Start for Hispanics.
We know what Head Start does for our young people. It gives them the
ability and a greater chance of finishing school, of being more likely
to graduate and go on to higher education. It gives them the advantage
of less likelihood of being in criminal activities or being members of
gangs. It does all of these things.
Bilingual education is the Head Start for Hispanics. I have two
daughters-in-law, one born in Ecuador and one born in the United States
of America. The one born in the United States of America is a first
generation American. The one born in Ecuador is, naturally, an
immigrant.
My daughter-in-law has taught her three children Spanish, and they
speak Spanish fluently without any accent of English, and they speak
English without any accent of Spanish. As a result, they have done very
well in school, and have been promoted several grades, to the point
that she is now holding them back because they will leave their age
group too far from their age group.
My other daughter-in-law, who was born in this country, first
generation American, is a bilingual education teacher in the Montebello
School District, and yet she will not teach her children Spanish until
they learn English. Should this not this tell us something?
I did not speak Spanish to begin with, I spoke English to begin with,
and I as an adult had to learn Spanish in order that I could have the
same kind of pride in my culture and my background as does the
gentlewoman from Florida [Ms. Ros-Lehtinen], as does the gentleman from
New York [Mr. Serrano], and many other Members of the Hispanic Caucus
here. We are just as good Americans as anyone else.
Bilingual education is necessary for our children to get a head
start. Without it, they do not learn the labels that they need to know
and make the translations they need to know from Spanish to English. It
benefits us, it benefits me, it benefits all of us that there is
bilingual education.
Mr. TAYLOR of North Carolina. Mr. Chairman, I move to strike the
requisite number of words.
Mr. Chairman, I rise today to support of the Roth amendment. Title
VII of H.R.6 authorizes over $1 billion to be spent on programs to
teach non-English speaking and non-English proficient students in their
native languages. The proponents of this program assert that by
teaching these students science, math, and history in other languages,
they will learn English faster. This theory makes absolutely no sense
at all. Yet, this is what Congress has insisted that most schools do
for 27 years now. And if we ask the administration how well these
programs are working, they tell us to give them a few more years and a
lot more money and they will get back to us. This experiment simply
does not work. Non-English proficient children deserve the opportunity
to grow up, live, and work in this great Nation unhindered by language
barriers, and proper education in English is the only way to insure
that opportunity exists.
Moreover, the cost of this program in training and resources cannot
be justified by the results we have seen over the years. For example,
we must train teachers to teach subjects such as math, science, and
history in other languages in addition to the teaching assistants,
books, and visual aids that must be purchased. Then, when you multiply
these costs by the number of language groups in each school system--115
in New York, 100 in Chicago, 89 in Denver, et cetera--it becomes
obvious that assimilating our schools to these students rather than
helping these students adapt to life in the United States is much more
costly in time and money.
Let me share some facts with you:
First, immigrants want their children to learn English. A 1985 poll
in Dade County, FL, revealed that 98 percent of Dade County Hispanic
parents agreed that it was essential for their children to speak and
write English perfectly--versus 94 percent of the Anglo parents.
Second, Thomas Sowell, in his book ``Inside American Education,''
cited numerous surveys proving that the great majority of Hispanic
parents--more than three-fourths of Mexican-American parents and more
than 80 percent of Cuban-American parents--are opposed to the teaching
of Spanish in the schools at the expense of English.
Third, 97 percent of all Americans support making English the
official language as was proved by an October 1993 ``U.S.A. Weekend''
poll.
I urge my colleagues to support the Roth amendment and give every
child in American the chance to learn our national language.
Mr. SERRANO. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, one of the problems with this amendment, the Roth
amendment, is that it is an amendment that speaks to the language issue
during an education debate, and while the language issue may, for some
people, be a legitimate issue, it certainly does not belong in this
kind of a debate, because this debate should be about education.
The fact of life is that if we take it as an education issue,
bilingual education has been proven to help. The National Academy of
Sciences found in 1992, in its assessment of two major evaluations,
that bilingual education was helping and not hindering young people so
they could acquire English as their main language.
Much has been said here today about parents somehow desiring their
children not to speak English. We cannot really believe that. The fact
of life is that most polls taken of parents newly arrived from any
community, indicates that parents want for their children as quickly as
possible to learn to speak English.
Bilingual education is a tool to allow people to learn subject matter
while at the same time they learn to speak English. I can tell the
Members from personal experience the difficulty of being placed in a
mainstream program without knowledge of the language.
When I arrived in New York from Puerto Rico, I arrived as a migrant,
not as an immigrant, speaking Spanish only. I recall how difficult it
was for myself and for that group of youngsters who were in that
classroom, because we had the language problem; one, we were not
allowed to participate in any regular classroom work, so it was
something like the fifth grade before most of us knew who George
Washington was and what he had accomplished, when in fact we could have
been told in Spanish who Jorge Washington was in the second grade and
what he had accomplished.
Also, I recall the difficulty, the traumatic difficulty, of having a
neighbor of mine who came from a family and at that time was told that
you did not make one move in the classroom without the teacher's
permission, so he could not communicate with the teacher in Spanish or
in English the fact that he had to leave the room, and he wet his
pants, and until the time he was in high school, his records indicated
that because of his behavior in the second and third grade, there was
something terribly wrong with this guy, and there in fact was nothing
wrong, only the fact that they could not communicate in the same
language.
Those are facts of life, how people have to deal with this particular
problem. The other thing that is interesting about this debate is that
it strikes bilingual education programs, without making any provisions
for the fact that, as the gentleman from Michigan [Mr. Ford] said,
these programs would still continue to be part of every State's
responsibility.
{time} 1530
For instance, California would have to come up with $59 million if
this amendment was approved. New York would have to come up with $26
million, Texas with $12, the State of Washington with $3, Alaska almost
$1.2, and on and on to replace these programs at the local level,
replace the Federal funding, which is going to cost a lot to these
local governments.
The real issue in this debate is the issue of whether or not we as
Americans are going to continue to be fearful of languages other than
English.
I must tell my colleagues this part of the debate is the part I find
the most difficult to understand.
Why is it that we continuously get on the floor of this House and
talk about how we must compete with other people throughout the world,
and yet when our businessmen meet those other business people they have
to speak in English, because we have never learned their language. The
Japanese businessmen speak English. Is it because they recognize
English as the most important language in the world? Is it because they
are fearful of us? Is it because they think it is such an easy language
to speak? Or is it perhaps that a very intelligent business community
has decided that it is good business to learn languages other than
their own? The Germans, the French all speak other languages.
I recall in the 1960's or 1970's in the era of the so-called
spaghetti westerns, if Members will recall we had French actors, we had
Italian actors, we had Spanish actors who dubbed their movies in three
or four different languages. Yet, when Clint Eastwood or Charles
Bronson or any of our other actors did not speak another language, we
realized that this horrible dubbing did not sound anything like Clint
Eastwood or Charles Bronson.
Let us not be dubbed in other languages. Let us learn the other
languages of the world.
Mr. DIAZ-BALART. Mr. Chairman, I move to strike the requisite number
of words.
Mr. Chairman, I have great respect for my friend, the gentleman from
Wisconsin [Mr. Roth], which he knows, and I am of the belief that this
is a legitimate debate, because I have at times been asked whether or
not it is possible that bilingual education, by continuing teaching in
the classroom in a native language, that the students may be retarded.
I have been asked that question, whether they may be retarded in their
learning of English. I have studied this issue at some length and in
some depth, visiting a number of bilingual education programs and have
learned that, on the contrary, bilingual education increases the
rapidity, increases the speed with which students become totally fluent
in the English language, and at the same time, at the same time it
permits them not to sink while they are learning. In other words, to
stay afloat on the substantive areas that they are taught in the
language of the country of their origin. That is an important issue to
focus in on.
I realize the decibels of emotion are high on this issue. It is
natural. There is much passion with regard to this issue. So I think it
is important to see where the evidence leads us with regard to what is
actually occurring in the classroom.
I recently had an opportunity to visit the Miami Springs Middle
School in my district. The kids that are in the bilingual education
program are in that program again in the substantive areas like math,
like science, and like history in the numerous languages of their
countries of origin for a relatively short period of time. Actually
during the day it is just a few hours. And it is a maximum of 3 years
during their education that these students are in these substantive
areas to stay afloat in those substantive areas while a great majority,
the overwhelming amount of time that they spend each day in school is
immersed in English. That is important to realize. The kids in
bilingual education spend the overwhelming majority of their day
immersed in the English language to become as proficient as possible
and to be able to be in an English curriculum, totally English
curriculum as soon as possible.
That is the goal, and actually that goal is achieved time and time
again all throughout the country where bilingual education programs are
maintained. It is very rare to see a pupil that is all 3 years in a
bilingual education program. Within 1 year or a year and a half, they
are usually immersed fully, and their curriculum is totally in English.
So it is a program that works. It is a program that I understand evokes
emotion, but I think it is important for us to keep the decibels as low
as possible on the emotional scale and on the passion scale, and that
we focus in on the education.
It works. It is cost-effective. The States fund these programs for
the greatest majority of what they require. What we do is really more
than anything else encourage States to have that option and school
boards to offer that option for those programs.
So I think it is important that we make a statement today and defeat
the amendment of my good friend, the gentleman from Wisconsin [Mr.
Roth].
Mr. GENE GREEN of Texas. Mr. Chairman, I move to strike the requisite
number of words.
Mr. Chairman, I rise in opposition to the Roth amendment. I would
like to briefly talk about the three reasons, and then like a lot of
other Members on the floor relate personal experiences with bilingual
education and the need for bilingual education.
First, the Roth amendment forces the States to pay the total cost,
and whether in California, New York, or Texas, we are already providing
substantial local and State funding for bilingual, because it does
work. And this would just require those local States to pay even more
money.
This is not a funding item. This is a grant formula. If the city of
Houston or the Houston School District does not receive this grant,
then they have to pay for it locally. This is not something that is
automatically sent from Washington to say OK, Houston, independent
school district, or L.A. Consolidated, you have to provide it. They
competitively seek these grants to help provide this funding for the
students.
We need to recognize that bilingual is not just teaching someone in
their native language. It is also teaching them while they learn
English, and so they are not getting further behind, like the gentleman
from New York [Mr. Serrano] said earlier. It is to make sure that they
also learn math, and science and history at the same time that they are
learning English, and not just being taught in their native tongue.
Let me talk about an experience that I have had in Texas, in Houston.
I was raised in a majority Hispanic school, and I saw in the middle
1960's before there was bilingual programs in Texas what would happen
in a high school where a child would come in, and they would stay 2 or
3 days and then would drop out. And in 1973, my first term in the
legislature, we actually provided State funding across the board for
bilingual. I was a small amount of $6 million, but it was hard to get
at that time in 1973.
I realized coming and serving in Washington for my first term here in
Congress that so much more is being done on a local basis, both in
local school districts and in States for bilingual, and recognizing it.
So we do not have those students who come in, whether they are in
kindergarten or 11th grade, dropping out after that week. They actually
are working in their native tongue so that they can stay there, and
they can be educated and they can be productive citizens.
This last year, like a lot of Members, like my colleagues from
Florida, I spent a lot of time in the local schools in my district,
since I serve on the Committee on Education and Labor. And I am proud
that one of my elementary schools has the bilingual teacher of the
year, Love Elementary, in the Houston School District. But I had an
opportunity this year to both start a bilingual program, a kindergarten
program that was bilingual, in September, and the children were really
quiet and subdued. And then I went back and visited not that same
program, but a different program in May where those children started in
that kindergarten with a program in bilingual, but in May they are not
speaking Spanish anymore, they are speaking English. And they are
aggressive. They want to talk, and they want to talk in English. I was
a part of the reading program, and they did not want to talk in
Spanish, they wanted to talk in English, whereas when I went in in
September I had to read the program in Spanish. But when I went back in
May they did not want me to read in Spanish, they wanted it in English,
because it was a kindergarten program that started in Spanish, but by
May they are speaking English, and they want to be taught in English.
So you do not start in my district or any other district in the
kindergarten in bilingual and continue through it through high school.
That is not the way the system works. Children are in bilingual for a
very short period of time so that they do not get further behind while
they are learning English.
Bilingual was funded on a statewide basis in Texas in 1973. If I had
my way, we would fund it even more than what we are doing now under the
grant program. But we are not, so I ask Members to join with me in
opposing the Roth amendment, because we are not doing near enough on
the Federal level to eliminate some of the education problems that we
have that are caused by our immigration policy. Do not take away what
little bit we have.
{time} 1540
Mr. KNOLLENBERG. Mr. Chairman, I move to strike the requisite number
of words.
Mr. Chairman, I rise today in strong support of the amendments
offered by my colleague from Wisconsin [Mr. Roth].
The bilingual education program included in H.R. 6 is, in essence, an
unfunded mandate. H.R. 6 requires State and local taxpayers to pay $7
to $8 for every dollar of Federal funding provided for bilingual
education.
H.R. 6 authorizes over $1 billion for bilingual education over the
term of the reauthorization, which represents and requires $8 billion
in matching spending from State and local education agencies. Not only
is bilingual education costly, it simply has not worked.
The original purpose of our bilingual education program was simple:
to teach immigrants English quickly and effectively. Bilingual
education has gotten away from that simple and important goal, and is
hurting those that it was intended to help.
Similarly, the purpose of H.R. 6 was simple: To provide funding for
the improvement of America's public education system. With this in
mind, we should remember who our clients are. We are serving America's
Children; all of our children.
This simple goal is lost in bilingual education, which is
counterproductive to preparing all young people to enter, serve, and
compete within the American public.
By teaching young people in their native languages, we are
handicapping their performance in a highly competitive arena. Bilingual
education may make the school day easier for children speaking English
as a second language. However, it creates another class of student
unable to read, speak and write English in an English-speaking society.
And the United States clearly is an English speaking society. While
we have traditionally enjoyed the benefits of great cultural diversity,
English has served as a common tie to link all of our religions, races,
and cultures--India, Pakistan, Iraq, Eastern Europe, Korea, Orient.
With people coming together in South Africa and the Middle East, let's
not further splinter our own society by removing the important link of
the English language, and reinforcing a social hierarchy based on the
ability of our children to speak and communicate in English.
More than ever, education is vital to the success of our young people
and our Nation. Let's not continue to handicap our bilingual students
and splinter our society by teaching coequal second languages in our
schools. Pass the Roth amendments and give our bilingual students the
English skills that they will need to compete and succeed in the United
States.
Mr. KILDEE. Mr. Chairman, will the gentleman yield?
Mr. KNOLLENBERG. I yield to the gentleman from Michigan.
Mr. KILDEE. I thank the gentleman for yielding.
Mr. Chairman, the gentleman spoke very sincerely, I am sure. But I
would like to correct one statement he made. He stated this is a
Federal mandate. This is not; it is a grant application program. I just
wanted to clear that up.
Mr. KNOLLENBERG. The gentleman would not disagree, though, with the
fact that I come from a district that has a great, great number of
folks from all over the world. Believe me, if there is a test case
anywhere, it is in my district, as the gentleman knows. That is the
point I am making.
I think what we have to do is concentrate on English learning and
that will help us to retain those cultural diversities, whether it be
Spanish-speaking countries, European countries, or whatever. What we
want to do is to make sure they keep their culture but learn the
English language.
Mr. KILDEE. If the gentleman would yield again, I know the gentleman
speaks very sincerely on this, we have spoken on this privately. I
value the gentleman's views on various issues. But I just want to
clarify one point. This is not a federally mandated program.
Mr. KNOLLENBERG. The only thing I would like to say in rejoinder to
that is that there is a cost involved, and any time you impose this
kind of mandate on the States, money has to come from somewhere. So it
has to be, in my judgment, an unfunded mandate. We can argue that
point, I guess, but nonetheless it is not funded; it is unfunded.
Mr. KILDEE. We may not agree, but I just wanted to make my statement
that it is not a federally mandated program.
Mr. KNOLLENBERG. I accept the gentleman's statement.
Mr. FARR of California. Mr. Chairman, I move to strike the requisite
number of words.
Mr. Chairman, I rise today to express my very strong opposition to
the amendment from the gentleman from Wisconsin. The Supreme Court has
rightly decided that our children are entitled to an education, no
matter what their origins.
This legislation would eliminate a program that has been a proven
success and its impact would be highly discriminatory on those who
cannot defend themselves--our children.
The main goal of bilingual education is to teach children to be
competent in English. Studies show:
That bilingual education increases odds for a child's success;
Studies show that teaching children in their native language does not
interfere with their learning English;
Studies show that native language instruction helps children keep up
with students already being taught in English--English only instruction
does not; and
Studies show that parents of bilingual education children are more
likely to get involved in their children's education if bilingual
instruction is used in schools.
When people say that their grandfather was an immigrant and he
succeeded economically without bilingual education, they must remember
that years ago the labor pool was a lot less educated and skilled than
it is today. Then, low-skilled, lower waged jobs would allow a family
to buy a modest home. Now, these jobs barely cover basic living
expenses. To compete, all children must be allowed the same opportunity
to succeed in today's competitive world.
In my district, close to one-quarter of children in grades K-12 are
in bilingual education programs. These children deserve the same chance
for success that I want for my own daughter.
In my district, a young man, Raul Huerta, was raised by a single
parent who spoke only Spanish and he went through bilingual programs.
Raul is now going to Sacramento State University and works at
recruiting children of migrant families into higher education.
Also in my district, a young lady, Yesenia Hueremo is one of seven
children. Her parents died within a short time of one another, leaving
her and her siblings as orphans. Yesenia went through bilingual
programs in both elementary and junior high school. Overcoming both
language and personal difficulties, and earning a 3.5 grade average,
she is now on her way to college. A productive member of our society--
is that not what we want from our children?
Yesenia is also bilingual and biliterate. Studies have shown that
with the increasingly global economy, business and industry need a work
force that is competent in a variety of languages. There are at least
3.3 million children in our schools, like Yesenia, who have the
potential of being truly bilingual. They speak almost every language in
the world. They are the best hope that we have to produce a
multilingual work force--a critical component for America's ability to
compete in the world marketplace.
Therefore, Mr. Chairman, I believe this proposed amendment has no
place in an educated society--as a matter of fact, it would create
quite the opposite. As a former Peace Corps volunteer, I urge my
colleagues to join me in casting a no vote against the Roth amendment.
Mr. ROHRABACHER. Mr. Chairman, I move to strike the requisite number
of words.
Mr. Chairman, I rise in support of this amendment, which will do two
things which Members of this Chamber have been claiming they wanted to
do for a long time. First, it will save the Federal Government a
quarter of a billion dollars every year that it is currently spending
on a counterproductive program. We can get study after study, for every
study that someone brings forth that says this is so effective, there
are other studies, in fact more numerous studies, which show that
bilingual education, as it exists today, is counterproductive and hurts
the people it is intended to help rather than helping those people that
people of goodwill are trying to help in this body.
Second of all, it will end one of the largest unfunded mandates ever
imposed on local schools, one that costs States and school districts--
it will eliminate one of the largest unfunded mandates that have been
imposed on public schools, local schools, across States and school
districts, billions of dollars every year. Again, we can argue as to
whether or not this is an unfunded mandate.
{time} 1550
Two weeks ago, Mr. Chairman, when I tried to propose something that
would require something as part of the registration process, it was
attacked as being an unfunded mandate. Well, obviously what we do here,
what laws we have passed, what regulations we have passed in this body,
end up mandating, end up forcing, local schools to adopt bilingual
education programs whether they want it or not, and it costs them a lot
of money. Now how it is defined as an unfunded mandate, that is a
matter of debate, but let us note, first of all, as far as the efficacy
of the program itself:
Everywhere in the world, every country in the world that has a
bilingual problem or situation, recognizes that immersion in a foreign
language is the quickest and most effective way to learn that language.
Those of my colleagues who have been to Israel have undoubtedly seen
how new immigrants from all over the world are taught in that country.
Hebrew immersion is the way Israelis have found to speed the
assimilation into their society of new citizens who are coming from
different places. I guess that we cannot just be as smart as the State
of Israel and other countries because there are political
considerations here that have to be taken into account, and not
educational considerations.
In fact, only in the United States, and only in the Government, does
anyone apparently believe that it is more important for students to
hold on to their native language in some way rather than quickly learn
a common language through the immersion process. That is what happens.
Mr. Chairman, I urge my colleagues to strike a blow for fiscal
sanity, and we do not have the money, it is an ineffective program, but
also, Mr. Chairman, it is a huge unfunded mandate. There have been some
suggestions today, for example, that in some way those people who are
opposing bilingual education are in some way trying to put roadblocks
in the way of people who come to this country or other people that have
English as a second language. The fact is we are not trying to put
roadblocks in the way. We do not believe bilingual education leads to
the kind of learning that is beneficial for those who the proponents of
bilingual education claim to want to help. In fact we believe that it
hurts those young people not to immerse them in the language as we find
in every place else in the world.
By the way, if the amendment offered by the gentleman from Wisconsin
[Mr. Roth] is adopted, and local people do believe that it is
effective, we are not saying that local schools cannot have bilingual
education programs. We are just saying it is not mandated by the
Federal Government, and we are not going to pay the bill for something
we think is ineffective. If those people at the local level really
believe this is effective, they will continue to have bilingual
programs, and again no one is suggesting that our people should not be
bilingual, that we should not teach people to learn other languages.
The fact is that we want people to learn other languages.
By the way, Mr. Chairman, bilingual education, as it is mandated
today, that is not the issue at all, but, the way it is mandated, it
affects more than just the Spanish language. In my part of the country
we have people from Korea, Vietnam, China, Japan, other parts of Asia,
and Africa as well. The fact is that this idea, which might be a well-
intended idea of providing bilingual education, is a nightmare for the
local schools who find out that they have not just Spanish and English,
but Hmong, which is a language of the hill tribes in Laos, literally
tens of different languages that they are literally supposed to provide
education for. It hurts the local school's ability to provide education
for all of their children, including children where English is their
second language to begin with.
Finally, Mr. Chairman, let us just take one look at the overall
effect, and that is what keeps our Nation together, what opens the door
of opportunity. It is language that we all share and a love liberty.
Ms. ROYBAL-ALLARD. Mr. Chairman, I move to strike the requisite
number of words, and I rise in opposition to the amendment offered by
the gentleman from Wisconsin [Mr. Roth].
Mr. Chairman, The bilingual education programs reauthorized in H.R. 6
are critical to promoting equal education opportunities for public
school children. Many limited English-proficient students simply cannot
learn and compete in the classroom without the English language
instruction and supportive services authorized by this bill.
It is important to emphasize that the primary objective of bilingual
education is to teach children English, while simultaneously providing
instruction in core academic subjects in their native language. This
approach is designed to prevent a child from falling behind in basic
subjects until they acquire English language proficiency and make the
transition into an English-only classroom.
The elimination of these essential programs could cause irreparable
harm to tens-of-thousands of children and permanently hamper their
academic growth by increasing the likelihood that they will lose their
self-esteem, interest in academics, and drop out of school.
Our Nation simply cannot afford to waste these young lives and
ultimately lose the benefits of their untapped talents. We must protect
our children and defeat the Roth amendments.
Mr. GOODLING. Mr. Chairman, I move to strike the requisite number of
words.
(Mr. GOODLING asked and was given permission to revise and extend his
remarks.)
Mr. GOODLING. Mr. Chairman, I would like to take a little time, I
suppose, to give a history lesson. Having been a history professor at
one time, first of all, I want to point out that bilingual education
began in the United States in 1839 and included States such as Ohio,
Louisiana, and New Mexico, where they taught in several languages
because of the diversity of the population. German, French, and Spanish
were used for instruction. Then from 1880 to 1917 German instruction
was used in Ohio, Minnesota, and Maryland as part of a bilingual
education program. In 1908, Mr. Chairman, New York discovered that 13
percent of the 12-year-olds enrolled in New York public schools did not
go on to high school. They were children of parents who were not born
in the United States. However 32 percent of all other children whose
parents were born here did go on to high school.
Mr. Chairman, an individual could drop out of school back in that day
and still get a job and still be very much a participant in our
society. Unfortunately, or fortunately, at the present time the
technology is so great that one positively must compete with a high
school education, and it will not be too long until education beyond a
high school education will be needed to be functionally literate in our
country.
Mr. Chairman, our problem in the past has not been over whether there
should be a bilingual education program or not. I led a fight for
several years, and then I was joined by the gentleman who is now mayor
of Dallas to continue that fight, to indicate that 100 percent of the
dollars available for grants should not be only for transitional
bilingual--that we should give an opportunity to local areas to
determine that is the best approach. All the studies would indicate
that no matter which approach is used, whether we use transitional
bilingual, whether we use ESL, whether we use immersion, it is usually
a 3-to-5-year process to move from the language of one's family and the
country from where they came to being fluent in English. Therefore,
Congressman Bartlett and I indicated that we thought that at least a
75- to 25-percent mix should be in order. That was worked out, as I
said, with the help of the mayor of Dallas who was a Congressman at
that time.
Then, Mr. Chairman, I added language to the legislation before us to
add some additional flexibility for local determination. Basically it
says, ``If you have many children with many languages, and you cannot
get certified bilingual educators, you do not have to use transitional
bilingual.'' I am not saying ``certified,'' although I am sure the
unions would say ``certified,'' properly prepared people, ``you can get
a waiver from the secretary.''
I think it is important to point out that this is not a mandated
program. No one has to participate in this program. Very few people
participate in this program.
Last year, for instance, we had about 300,000 students participating
in this program--300,000 students out of 43,353,428. Only 300,000
students were participating in this competitive grant program. It is
strictly up to a local school district if they want to seek a grant.
Most do not, but it is entirely up to the local district whether or not
to apply for these funds. Then the grant money is sent out from the
secretary's office for that purpose.
When I was growing up in the framing and fruit growing business in my
area, Mr. Chairman, of course all the older folks spoke German. When
they would come to the packing house to buy their fruit to can, my
father could understand what they were saying. My mother could
understand and respond.
{time} 1600
So we did not lose any customers because somebody in the House
understood. I could not do either. We had a mother there who could
respond, and we did not lose any customers because she was not able to
speak the language that was being spoken. So again, Mr. Chairman, I
just make to summarize the history lesson.
The CHAIRMAN. The time of the gentleman from Pennsylvania [Mr.
Goodling] has expired.
(By unanimous consent, Mr. Goodling was allowed to proceed for 5
additional minutes.)
Mr. GOODLING. Mr. Chairman, I just want to repeat again that this is
a competitive grant program, a program that a local district can apply
for if they wish, a program that does not only say that they must use
transitional bilingual education programs. Twenty-five percent of that
money, with some flexibility with this new language, can be used for
other methods of teaching limited English proficient. If one came with
the first group, for instance, that came from Vietnam, immersion was
the way to go because the parents of all those youngsters spoke
English. If one was not fortunate enough to be in that wave and, let us
say, came in during our most recent immigration and arrived here and
did not even have any formal education at all in their own language--
and most of our young people coming from many areas at the present time
have had no formal education at all, nor did their parents--it makes it
very, very difficult to meet that 3-to-5-year transition period, if, as
a matter of fact, we totally tried to immerse them.
So again, repeating, it is a competitive grant program. School
districts can reject it or accept it. No one is required to
participate. Only 300,000 students participated last year out of the 43
million that are in public schools in the United States.
Mr. Chairman, let me yield to the gentleman from Wisconsin [Mr.
Roth], the sponsor of the amendment.
Mr. ROTH. Mr. Chairman, I thank my friend, the gentleman from
Pennsylvania, for yielding.
I think it is important to note that once they are in the program it
is almost impossible to get out of the program, and it is not only
immigrant children that are brought into the program but youngsters
born here are brought into the program, too.
Basically, what we are concerned about as the issue here is that we
want to keep our Nation as one Nation and one people, and the way we do
that is keeping the commonality we have. We are the most diverse people
in the world. That is why ``The Disuniting of America'' and books such
as this are being published today, because we are concerned about our
country turning into another Canada or another Yugoslavia or other
places around the world where they do have all these differences. And
we are a Nation that has people from every corner of the globe, every
linguistic background, and every cultural background, and we want to
keep that unity.
That is why I had before quoted, for example, our great war hero,
Everett Alvarez, who talked about bilingual. He said, ``No, I am not in
favor of bilingual education because it holds my people back.''
I had a hearing here on Capitol Hill not only with people with a
Spanish background but also immigrants from Hungary, immigrants from
the Soviet Union, and, yes, people from Cuba, all of them opposed to
bilingual education because it harms their people.
We have, for example, Jose Fabila, who is a successful businessman in
Sacramento. He said, ``No, I'm very much opposed to bilingual
education. Bilingual education is created for political purposes.''
This we hear over and over, and if we had a hearing on Capitol Hill
and invited some of the business people, the common people right off
the street, to appear before our committee, we would find that they are
not in favor of this program. For example, Ernesto Ortiz is a foreman
on a south Texas ranch, and he said it best, I think, when he said,
``Children are taught in Spanish at school so they can become busboys
and waiters. I am trying to teach them English at home so they can
become doctors and lawyers.''
This gentleman understood that the language of opportunity in our
country is still the English language. Like someone said, ``You know,
the reason I want my kids taught in English is because the SAT's are
given in English and application forms are in English.''
In many of these bilingual education programs they only get 30-to-45
minutes a day at the most in English, and they come out of these
schools nonproficient in either language. What we are trying to say is
that we want to give these young kids a good education so we can
assimilate them into our national culture as quickly as we can, and the
way we do that is to bring them in and teach them in English, not in
some foreign language.
We are not just talking about Spanish here. In Florida they have to
teach them in Mandarin and sometimes in Cantonese and all the other
different languages they are required to teach youngsters in. We are
saying that is not in the best interest of our country.
I was on a talk show in Canada because of this particular
legislation, and I wish all my colleagues could have heard the people
of Canada talk and what they had to say about what is happening in
their country, how the Separatist Party is now the second largest party
in Canada, ripping the heart out of that country, and what is going on
in various countries around the world because of these linguistic
differences.
What we are trying to say is that we want to keep this as one Nation
and one people.
The CHAIRMAN. The time of the gentleman from Pennsylvania has
expired.
(On request of Mr. Ford of Michigan, and by unanimous consent, Mr.
Goodling was allowed to proceed for 3 additional minutes.)
Mr. FORD of Michigan. Mr. Chairman, will the gentleman yield to me?
Mr. GOODLING. I yield to the gentleman from Michigan.
Mr. FORD of Michigan. Mr. Chairman, the gentleman from Wisconsin [Mr.
Roth] just made another misstatement that cannot be left standing with
the Members who are watching this from their offices. He said flatly
that once they get into bilingual, it is virtually impossible to get
out of it.
We fought that battle the last time we reauthorized this legislation
with the young gentleman who is now the mayor of a major city in Texas.
He was an immersion person, and we finally got around to a compromise
and we said that at the end of 3 years of bilingual education the child
shall be evaluated to determine whether he needs any more bilingual
education, and if he does not, in the opinion of the educators, he is
brought out of the program.
It is virtually impossible to stay in the program, not virtually
impossible to get out of the program. It is not a permanent educational
experience for the child. It is a transition from some language other
than English into English. If we want everybody in this country to
speak English, we should be supporting this instead of trying to
destroy it.
Mr. ROTH. Mr. Chairman, will the gentleman yield?
Mr. GOODLING. I yield to the gentleman from Wisconsin, but I do wish
to reserve some time for myself.
Mr. ROTH. Mr. Chairman, the gentleman is obfuscating the amendment
again and what is behind the amendment.
These kids are not out in 3 years. Sometimes they are in until the
seventh or eighth grade and they are nonproficient in either language.
That is why the dropout rate is so high, because of bilingualism.
When this was brought in in 1968, they said it was going to be here
because the dropout rate is so high. The dropout rate is higher today
than it was in 1968.
Here I have a note from Charles Pacheco, an ex-marine who was born
here in the United States. His daughter was placed in the bilingual
program, not because she did not speak English but because of her
Hispanic name, and he tried to get her out of that class and could not
get her out. So we are not going to put kids in there and have you tell
me they can take them out right away, because we have heard time and
time again that it is impossible to get them out.
Mr. GOODLING. Mr. Chairman, let me just close by indicating that in
spite of what we may hear from some national leaders, every immigrant
parent wants their child to become proficient in the English language
as quickly as they possibly can. That is every parent, because they
know it is the ladder of success. As we have heard today, there are
many who spoke here today who, because of their ability to go through a
bilingual program, became very, very successful.
But again, let me repeat that it is a competitive grant program.
Nobody has to accept it. Nobody has to request it. Only 300,000 out of
some 40 million students participated in it last year. It does not
address whether school districts use their own money and State money to
do other things in this area. That is something else. But in this
program 300,000 students participated out of 43 million.
{time} 1610
Mr. PASTOR. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, bilingual education, as you have heard from our
distinguished colleague from Pennsylvania and other members before me,
is a teaching method, along with other methods such as immersion and
transition. They are all teaching methods with one goal: To have the
non-English speaking student learn English without falling behind in
his core subject studies.
You heard one of my colleagues from California tell you that in
Israel only the immersion method is used. He is mistaken. I was in
Israel in August to visit bilingual education centers where Ethiopian
and Eastern European Jews were being taught Hebrew. They used their
native language as a transition into Hebrew; a prime example of
bilingualism as a good teaching method.
Mr. Chairman, I am a leader in the Hispanic community. For somebody
to insinuate that as a supporter of bilingual education, I am un-
American or that I wish to separate non-English speaking persons from
this country, or that I seek to create chaos is completely wrong.
Mr. Chairman, this is America. We all should learn how to speak
English, because that is the only way that an individual in this
country can progress. The people who will tell you that this is a
movement of subversion are wrong. Along with immigrant bashing, those
who oppose bilingual education are taking the simple objective of
teaching English to non-English speaking students, and turning this
necessary and just program into some sort of clandestine operation that
seeks to over-run this country.
Mr. Chairman, I tell you they are wrong, and that the
characterization of this teaching method is completely incorrect.
I took an oath to uphold the law of this country. In no way do I want
to do anything to make this a weaker country. I only want to make sure
that my children, and all our children, are able to speak English.
Mr. DOOLITTLE. Mr. Chairman, I move to strike the last word.
Mr. Chairman, I support the Roth amendment. I think it is unfortunate
that it is being portrayed as somehow anti-Hispanic or anti-immigrant.
It is nothing of the kind. Indeed, the evidence on this issue seems to
suggest that bilingual education has failed to properly teach children
English. And when we have such scarce resources, we as a Government
ought to be doing those things that work. No other country in the world
that I am aware of uses this type of a bilingual education program to
teach children the national language. Every other country uses
bilingual education to support minority language maintenance.
What needs to occur, I think, is to recognize the data available on
this subject. Thomas Sowell in his book ``Inside American Education''
cited numerous surveys proving that the great majority of Hispanic
parents--more than three-fourths of Mexican-American parents and more
than four-fifths of Cuban-American parents--are opposed to the teaching
of Spanish in the schools at the expense of English. After all, these
are the families who want their children to succeed in the U.S.A.
If we want to help these children, which I believe is the motive of
all of us here, then we ought to do those things that encourage their
learning English the best. I think that this bilingual education
program is one that is ineffective and should be discontinued. I thing
the Roth amendment is a step in the right direction.
Mr. Chairman, I would be happy to yield the balance of my time to the
gentleman from California [Mr. Rohrabacher].
Mr. ROHRABACHER. Mr. Chairman, we are talking about teaching methods
here. I do appreciate the tenor of the debate we have had so far. As my
colleague from California has just suggested, we are not only talking
about teaching methods, we are talking about a particular type of
teaching method that is a failed teaching method. In fact, many of our
colleagues who have been on the floor today supporting bilingual
education were actually educated in a nonbilingual education system. In
fact, they are giving testimony as to not how important bilingual
education is, but instead they have risen before us today in defense of
bilingual education. But they themselves are a product of a system that
did not have the type of bilingual education system they are advocating
today.
In terms of what type of method is used in other countries that has
been found to be successful, I would like to differ from my colleague,
who stated that Israel has this type of bilingual education system. I
have been told by several people who have visited Israel recently that
yes, they teach other people who do not speak Hebrew. They teach them
to speak Hebrew in their classrooms. They do not, however, have a
bilingual education system that teaches non-Hebrew speaking citizens in
their own native language. The only languages that are automatic other
than Hebrew are courses in how to learn how to speak Hebrew in that
particular foreign language.
We have no objection to having classes in the United States teaching
people how to speak English. That is not bilingual education. That is
not what this debate is about. This debate is about whether we will
have a bilingual education system that makes it possible for young
people to go through our education process without fully learning the
English language.
We believe that the English language should be adopted, not as a
punishment, but because we care about young people who are being
educated in our system. We know that if they are permitted an easy way
out of learning to speak English, that that will be the worst possible
condemnation that this society could put on their heads.
The fact is the doorway to economic opportunity, the key to that
doorway, is an understanding of English. Every one recognizes that.
That is something that is recognized on both sides of the aisle today.
What we are coming to now is the debate as to really what is the best
method and how can we use our scarce resources in the best possible way
to ensure that the young people that come from different lands, that
have English as their second language, do become part of the American
mainstream and have the opportunity that all other Americans have.
I would suggest to my colleagues on the other side of the aisle, who
are well intended in this, and to my fellow Americans who are listening
today or reading this is the Congressional Record, that English
immersion, making sure that every student is able to speak the English
language by not giving that student an easy way out in learning other
things without having to learn English, that the best thing we can do
for that student is to not give them that easy way out.
The fact is, America is the land of opportunity for those people who
have been prepared to take advantage of the opportunity. Learning
English is a prerequisite to enjoying the freedom we have here in
America. The two things that keep us together as a Nation is the love
of liberty and the English language. That permits all of us to take
advantage of the opportunities our forefathers and mothers struggled to
build in this country.
Mr. Chairman, I would suggest that the bilingual program does not
enable students to achieve proficiency in the English language.
Mr. HAYES. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I represent a little over 600,000 people, almost three-
quarters of whom speak French as their primary language. I am proud to
represent them in this great hall of democracy. My hometown is
Lafayette, LA. It is named after one of only two gentlemen who are
pictured in the People's Hall, a French citizen named the Marquis of
Lafayette, who during the Revolutionary period helped his good friend,
George Washington, to combine the resources of the two countries and to
fight a war for independence against people who spoke impeccable
English.
Two centuries before there was a United States or any State, the
people were excluded from Nova Scotia by those same folks who spoke
impeccable English, because they were Catholic and there was no first
amendment, because they spoke a different language. There was no 5th
and 14th amendment, and they settled in the bayous of south Louisiana.
Later in the War of 1812, when an American President and an American
hero who became President called upon them to march to the plantations
of Chalmette, to stand up and fight against a takeover by folks in red
coats who spoke impeccable English, they did so. They did so because
they understood that the principles of the democracy which had evolved
while they were first here was something worth fighting and dying for.
It is also something worth representing the Seventh District of
Louisiana for. I should probably pause at this time and ask a
parliamentary inquiry. I do not know the precise rules on using a
phrase from another language. This, however, is from an American
language.
It is a derivation. It is Cajun Catholic. The phrase is ``lache pas
la patate.'' I will have it removed from the Record, since I am sure it
should not have been in in the first place and since I am sure that
virtually no one in this Chamber understands one word of it, due to
their lack of education.
What it means is, ``Don't drop the potato.'' That is a literal
translation. It is a funny expression, but its meaning is so much more
important than its literal words. Many of the romance languages have
those kinds of idioms.
What it means is, do not concentrate on the wrong thing so that you
lose the basic.
In other words, we have a terrible problem in this Nation with
illegal aliens. We have stretched resources trying to cover folks who
got here against the law. All of those things I support remedial
measures, when we have an Immigration bill. And I want more money for
Naturalization and Immigration. I want to support the law.
But when you start losing folks like me, who more often than the
leadership on this side of the aisle would care, who support
propositions from this side of the aisle, then you must be making a
mistake.
I suggest what we are doing is dropping the issue, dropping the
potato and losing a much, much more important war.
Mr. LEWIS of California. Mr. Chairman, I move to strike the requisite
number of words.
I had not intended to speak on this item, but I must say that I was
motivated to speak not only by the very sensitive remarks of the
previous speaker, my colleague from Louisiana, but because of the
inspiration of the presentation made earlier by my colleague, the
gentlewoman from Florida [Ms. Ros-Lehtinen].
The gentlewoman from Florida [Ms. Ros-Lehtinen] reminds me of some
years ago, when a relatively new American, who had come to this country
from Latin America, chose to become a schoolteacher as the gentlewoman
from Florida did. She, too, had learned her English by way of bilingual
experience in southern California, became an educator and, eventually,
she was my classroom Spanish teacher, teaching me in my own native
tongue--her original native tongue.
One of my frustrations is that the inspiration of that schoolteacher
has not pervaded southern California deeply enough. For of all of the
parts of the country where we have the potential of developing
bilingualism, it is in southern California. Not very long down the line
approximately half of our population will be from Latin America.
What a crime it is that we have not taken advantage of that proximity
so that we all could read and write and speak English well and read and
write and speak Spanish as well.
I remember that Spanish teacher one day, with a twinkle in her eye,
this takes me to my colleague from Louisiana, she loved plays on words
in Spanish. And the phrase that day was ``En la boca cerrada no entran
moscas.'' In English the play on words would suggest that silence is
golden. Literally, it says that in closed mouths flies do not enter.
It is also very important around here for us to remember from time to
time that we make our point best by being very careful about what we
say about the subject that we are advocating. It has been stated many
times here on the floor today that there is a horrendous Federal
mandate involving bilingual education.
The fact is there is not a Federal mandate. The Bilingual Education
Act contains no mandates. It is a voluntary competitive grant program.
Title VII requires nothing of any school in the Nation.
Since 1968, the Bilingual Education Act has provided Federal
assistance to school districts which operate or wish to start programs
for limited-English-proficient students. Under current law and under
H.R. 6, schools can apply for grants to start either a bilingual
education program or a monolingual English only program for LEP
students. There is no Federal mandate of bilingual education programs.
State and local schools implement bilingual programs on their own
because they work, not because of the U.S. Congress.
Mr. Chairman, it is very important for us to recognize that in this
shrinking world, our opportunity lies with reaching out, understanding
better and communicating better with our friends to the south. The most
important legislation we have passed, in my mind, since I came to
Congress is that which is designed to create a cooperative venture
between Canada, Mexico, and the United States that will allow our
entire hemisphere to become more competitive in the world marketplace.
It will provide jobs and opportunities for all of us, including our
children and grandchildren, well into the next century.
Bilingual education is an opportunity. It is not a problem for the
American education system.
Mr. TORRES. Mr. Chairman, I move to strike the requisite number of
words.
I rise in strong opposition to the Roth amendments to H.R. 6,
Improving America's School Act, as it is called.
The Roth amendments would severely weaken and ultimately eliminate
title VII, the bilingual education programs of H.R. 6, which were
passed by the bipartisan leadership of the Committee on Education and
Labor. The Roth amendments would undo a bipartisan initiative with a
26-year history of legislative and classroom success.
It would deprive limited-English-proficient students, who are the
fastest growing group of students in the Nation, of critical
educational programs. It would also destroy a national infrastructure
designed to cope effectively with the students.
The Roth amendments would consign limited-English-proficient children
to an inferior education and a generation of students would be lost, I
say lost, in the educational system.
For the first time ever, for the first time ever a bipartisan
coalition on the Committee on Education and Labor worked together to
pass a comprehensive authorization of title VII. These title VII
programs have proven to be the best way to teach children with limited
English proficiency and to teach them much-needed English language
skills.
I want to emphasize, teach them much-needed English skills. Not
Spanish; we are not teaching kids Spanish. We are teaching them
English, the language of this Nation.
Children who speak languages other than English can be great
resources to the United States in our global economy, as just
enunciated by my good colleague, the gentleman from California [Mr.
Lewis].
The gentleman from Pennsylvania [Mr. Goodling] gave us a good example
of his own experiences of growing up in this country, when he said that
his mother could understand English but his father could not. And yet
the experience that his mother had in understanding English was a good
deal for their store, for their business.
My own experience in English was the same, Mr. Chairman. I grew up
speaking Spanish as my first language. But I was lucky that my mother
and my grandmother spoke English. So they taught me English by teaching
me through that first language, Spanish.
By the time I got to grammar school, I knew English. I could read
English. The teachers were amazed that I could speak English. This
Mexican kid could speak English and read English.
I was taught at home, and the teachers would ask me, ``Show the kids
how to read English. Tell them about `See Jack run; see Jane run; watch
Spot run.'''
They were amazed that I could do that. One might say that at a very
early age I was a teacher's aide.
Mr. Chairman, by teaching English and preserving their native
language skills, bilingual education can permit some of our future
leaders to retain the skills necessary to negotiate in Mexico in
Spanish or with Japan in Japanese or with the Russians in Russian and
so on and so on. I want to make this point clear, again, and I do it
every time when this senseless type of rhetoric comes before us. We are
talking about children. Children who want to learn, who want to learn
English. That is what they want to learn.
{time} 1630
They want to learn about American history. They want to learn about
math and about science and about art, and all that we can teach them.
Without the programs that have been made possible by title XII,
limited English-proficient students will not be able to fully
appreciate or benefit from education reform. They will be more likely
to suffer from high dropout rates, from low rates of academic
achievement and disproportionately low rates of placement in gifted and
talented programs.
The proliferation of bilingual programs is a testament to the fact
that across this country school boards, educators, and parents are more
interested in results than in rhetoric. Mr. Chairman, educators and
Americans recognize the value bilingual education has in preparing our
youth for the 21st century.
Congress, this House, must understand and recognize this important
value. It is ludicrous to assert that a multilingual nation will be
another Canada or a Yugoslavia, and to intimate that because we know
more languages or speak more languages, we will be less Americans. That
is ludicrous.
Mr. Chairman, I speak and I have a working knowledge of four
languages, English and Spanish and Portuguese and German, and it is
because I was able to speak these languages and learn them at an early
age that I had opportunities opened up to me in this country. I was an
international trade union organizer; I was a U.S. Ambassador to the
U.N. system; I am a better Congressman today, and let me tell the
Members, I am just as good an American if not a better American than
some others who do not know another language.
Mr. MENENDEZ. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, let me just say--at this point, Mr. Menendez addressed
the House in Spanish.
For those who did not catch that, I simply said that those of you who
do not understand what I am saying might not be able to help American
businesses compete in many of the world's emerging markets, such as
Mexico, under NAFTA.
It is not about Spanish, it is about a diversity of languages and the
customs and cultures of doing business worldwide. Chevrolet learned
that when they tried to introduce the Chevy Nova in Latin America. If
Members know what ``Nova'' means in Spanish, basically it means ``it
does not move,'' it will not go. Imagine marketing a car that simply
would not move.
America's diversity is what makes it uniquely qualified to compete in
the global economy. Is it not ironic, then, that some of the most
ardent boosters of global trade are here on the floor today, trying to
cut off that resource, by putting an end to bilingual education?
While the whole world seems to be moving together toward a truly
global village, only here in America do we consider moving backward. We
consider retreating from our diversity, to imprison ourselves in our
monolingualism.
The bilingual education program is one of our most successful,
because it makes sense. There is no question that immigrants to the
United States are better off once they learn English. When those of
limited English proficiency arrive here, they know they need to learn
English, and they want to learn English. The fact is that the goal, the
purpose, the ends of the bilingual education program is to take a non-
English speaking child and have them become fluent in English--while
they move along educationally in their other subjects--math, science,
and history.
In my own experience, as a former school board member for 5 years, in
a school district where the majority of students were from immigrant
families, we enjoyed tremendous success.
For example, a young woman who did not understand English went on not
only to conquer the language, but to become a valedictorian of her high
school, an honor student at Stevens Institute of Technology, and
ultimately the valedictorian of the University of Medicine and
Dentistry of New Jersey. Today she is a doctor.
Only a bilingual education could have made this possible. Every
immigrant needs to learn English. But a successful student needs to
learn much, much more.
As each of you will recall from your school days, there was more to
school than just English. History, math, and science courses round out
a complete education. Imagine now if I were your history teacher,
lecturing you, as I began my remarks, in Spanish. How do you think you
would fare on your final exam? Do you think you would pass my course?
Probably not. But do you consider your knowledge of history deficient?
Do you consider yourself incapable of learning history? Of course not.
You would have passed the test, had it been in English. But it was not,
and now you've got to repeat my class. Unless, of course, you decide to
drop out, which is what many students of limited English proficiency
end up doing. Not because they were incapable of learning, but because
nobody gave them a chance to do it.
Now that we have given many students that chance, and begun opening
some doors of opportunity for them, amendments proposed by the
gentleman from Wisconsin seek to slam the doors shut.
Bilingual education costs money, that is true. All education costs
money. Putting a student of limited English proficiency through the
same classes, taught in a language he does not understand, over and
over and over again--costs even more money. It is taxpayer money
wasted.
The cost of bilingual education, like the cost of English education,
is an investment. Not only an investment in preparing our students to
compete in a global economy, but in empowering all students to do their
best, and to become productive, successful Americans. Do not shut any
child out. Do not shut American business out. Defeat the Roth
amendments.
Mr. COLEMAN. Mr. Chairman, I move to strike the requisite number of
words.
(Mr. COLEMAN asked and was given permission to revise and extend his
remarks.)
Mr. COLEMAN. Mr. Chairman, I think sometimes in the course of debates
like this we have sometimes gotten angry and sometimes not discussed
what the real issue is. I think today, instead, we have actually had a
fairly serious debate about these amendments offered by our colleague,
the gentleman from Wisconsin [Mr. Roth], and I appreciate them.
I can tell the Members that 21 years ago in my State, in our
legislature we had a proposal called bilingual education offered in the
State of Texas, and I remember being asked to coauthor it. I asked a
lot of questions of the author, a gentleman named Matt Garcia from
Corpus Christi, a member of the House at that time, about that
legislation and how in the world we would get to the point where we
would do what it is that all of us know bilingual education is meant to
do, that is to teach a child English, math, reading, writing skills,
social studies, geography, all the rest, in a way that educates the
child and in fact leaves no one else behind, not the English-speaking
child, not the Spanish-speaking child, or others in the class who may
have been brought up to speak as a first language a completely
different language than the two I just mentioned.
I remember thinking, ``This will not be easy,'' but I coauthored that
legislation that year, and I remember going home to my State
representative district and hearing from both sides very loudly,
sometimes, about how good it was and how bad it was. What I found out,
boy, this is the difference between the school districts I represented.
I had several school districts in my legislative district. I thought
maybe it is the way it is being administered, but no, I found out that
some schools within the district had a very different opinion, as well,
about how effective or how bad it was. Then, no, I discovered even more
importantly, within the same schoolhouse programs met with great
success and others had great problems. The reasons, I found out, were
really and truly basically how it was being administered by the teacher
in the classroom.
My great fear, I say to my colleague, the gentleman from Wisconsin
[Mr. Roth] about his amendments is simply that I am afraid his
amendments attempt to take away some of the very options that school
districts now have. Let me say that in terms of both of his amendments,
and I know that we are only considering one at present, but I know that
probably what I consider the most effective way in which to address the
needs of children with limited English proficiency to make a smooth
transition into our society, is to allow them to develop those basic
skills in areas like math and science and other areas, as well as in
writing and reading.
{time} 1640
But to do so, we have found, in their native language can be helpful,
and a lot of schools and school districts have determined that there
are different methods of teaching that help move us along in that
direction. Whether it is English immersion known as English Only
Program that they think will meet their best local needs or whether or
not they believe we should have limited English proficient students'
bilingual education programs, English as a second language programs,
then I think those are decisions that can best be made, quite honestly,
even in the classrooms, and I know some school districts do not share
that view and a lot of them want to say well, we will mandate, some
States have often said we will mandate how it will be done. I think the
last thing we ought to do here in Congress is mandate how they ought to
be done. I really and truly believe that our goals should be what the
gentleman from Wisconsin notes his goal is and that is to see to it
that we remain united as a Nation, that we do the very very best we can
for all of the students in that classroom.
I happen to think that a bilingual education program that is properly
run can properly do that. I do not think that is beyond the realm of
our capabilities as a country, as a people, as educators. I happen to
believe very strongly that bilingual education programs do work. I can
show evidence, as you can show me evidence of the problems along the
way, I can show you evidence. We have heard some of it discussed here
today that these programs do work, and I think it would be a mistake to
cut off funds and try to deny the reality that children who speak a
language other than English make up the fastest growing segment of our
K through 12 population. and that is a fact.
And I think to simply deny that and attempt to cut off the funds is a
mistake. I do not think that is how we get to solve the problems that
others have spoken to and alluded to here in the debate on the
education bill.
I think what we need to do is maintain the course we have set for
ourselves in what I consider to be a very progressive bill on
education.
I want to compliment my colleagues, the gentlemen from Michigan, Mr.
Kildee and Mr. Ford, and others on the committee for this legislation.
I would ask my colleagues to defeat the Roth amendment and let us
move on to the real issues that confront this Nation, and that is
educating our children.
Mr. MORAN. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, when I began working for the Federal Government I was
an auditor and I was assigned to the migrant farm worker program. I
went down to the Rio Grande Valley of Texas, with no particular
ideological bent, and I was brought in to talk to a leader of the
barrios down there. It was a beautiful September day, and this man was
smiling, as only a father can look when he is expressing the pride he
has in his child. His youngest daughter had started school. All of his
other children were in the migrant stream.
The way that it used to work is that the children had to work in the
migrant stream, they needed the money, and the fact is they were not
welcome in the Texas school system.
We were talking that morning, it was about 10:30, and as we were
talking, this little girl came running home. She was crying her eyes
out. She was a beautiful little girl, kindergarten, 5 years old. She
came into the House, and it was actually kind of a shack. She did not
want to tell us what had happened and finally we got it out of her,
that in her excitement to show the teacher what she knew, she had burst
out a word in Spanish, and at that time the Texas education agency did
not allow Spanish to be spoken in the school system, and she had been
physically punished on her calves and, in fact, her calves were black
and blue. This 5-year-old girl had been beaten because in her
excitement to participate in school she had been physically punished
for speaking Spanish.
I asked the official of the State education agency what he thought
about having bilingual education and teaching a little respect and
appreciation for the Spanish culture and he told me, why do they need
to learn about burritos and tacos and things like that; that is what
the Spanish culture is all about. They do not need that. If they want
to get ahead, they need to learn our culture and we are doing the best
thing for them.
Mr. Chairman, in the years following, people like Armando Rodriguez
and Gil Sanchez, and many people whose names have well been forgotten
now, started the bilingual education program and the Texas education
agency changed its attitude. And thousands of children have had an
opportunity to participate in this society and this economy because of
the value and appreciation of having a bilingual capability, an
appreciation for bilingual education in the public school system in
Texas, and in fact around the country.
This is an important program. This is part of what America is all
about, and this is something we owe to all America's children.
Mr. FILNER. Mr. Chairman, I move to strike the requisite number of
words.
Mr. Chairman, I rise in strong opposition to the Roth amendment. I
come to this debate as a classroom teacher for more than 20 years. I
come to this debate as a former school board member, and president of
the school district in San Diego, CA, which has had as much experience
in bilingual education as any school district in this Nation. I have
been in hundreds of classrooms, talked to thousands of students and
their parents.
This is not a failed educational method. Bilingual education works in
San Diego, CA, and all over this Nation.
I have watched the debate for the last hour or so, and the aims of
all of my colleagues are the same. The aims are to teach English to
children as rapidly as possible.
I have seen bilingual education work in San Diego, I have seen the
test results, I have talked with children. It does work.
We cannot let children fall behind in the basic skills of mathematics
and social studies while they are learning English. Bilingual education
is a way for these students to keep up with those basic skills while
learning the English language.
I beg my colleagues in this House not to hurt the children in San
Diego and the rest of this Nation. Do not cut this program out. Do not
allow bilingual education to fail. It is a working program and we
should continue to help these children.
Mr. MINETA. Mr. Chairman, I rise today in strong opposition to the
Roth amendment that seeks to eliminate federally supported bilingual
education programs.
This amendment would eliminate title VII, the 25-year-old Bilingual
Education Act, that reauthorizes bilingual education programs. Title
VII grants have helped school districts develop and implement bilingual
education programs. Bilingual education is a proven success at teaching
students who come to school speaking a language other than English.
As we all know, most funding for education, including bilingual
education, comes from State and local governments. The Federal
Government has sole jurisdiction over immigration policy; it must share
the responsibility to serve the needs of the immigrants that Federal
policy allows to enter the United States. Limited English proficient
students represent the fastest-growing segment of our school-age
population.
In 1990, one of every seven students lived in a home where a language
other than English was spoken. The Federal Government should support
providing these students the programs they need to develop the language
skills to succeed.
I urge my colleagues to vote no on the Roth amendment.
Mr. RICHARDSON. Mr. Chairman, one out of every seven children in
America, living in almost every district in this Nation, starts school
speaking a language other than English. Through the bilingual education
act, these children including Hispanics, Asians, Armenians, Native
Americans, and many others, are able to learn and become future
teachers, doctors and leaders in our communities. Now, after 25 years
of success, bilingual education is being threatened. The Roth amendment
will directly take away the only program that gives thousands of
innocent children the chance at a good education and a successful
future.
This amendment which eliminates bilingual education will severely
hinder the ability of teachers and schools to effectively reach the
fastest growing segment of the kindergarten through 12th grade
population which is minority children. Bilingual education, which has
bipartisan support, helps these children improve their English and
ensures that they do not fall behind in other essential subjects such
as math. Therefore, it is critical that any serious and comprehensive
education reform must address the needs of an increasingly diverse
student body in our nation's rural, suburban, and urban areas. Striking
these programs which have been so successful towards giving our
children a quality education is the same as turning our backs to the
future of our country. Thousands of students will begin to suffer from
language-related educational problems including low academic
achievement, low self esteem, and high student drop-rates.
In my own State of New Mexico, one out of every five students is
limited-English-proficient. In addition, 41 programs funded under the
Bilingual Education Act would lose the chance to assist students
towards receiving a quality education--10,000 students in New Mexico
alone would be deprived of the bilingual service they now receive and
need.
Mr. Chairman, this amendment will not only prevent our students from
learning, but it will also imply to children that their native
languages and cultures are not worth preserving. One group that will be
harmed by the amendment are native Americans. The amendment seeks to
revisit a dark chapter in the history of Federal-Indian policy where
the Federal Government prohibited Indian children from speaking their
native language in school. In the 1800's, this Government took Indian
children out of their homes, put them in boarding schools, forbade them
for speaking their own language, and severely punished them if they did
speak their own language. This policy resulted in the destruction of
native cultures and hundreds of native languages. Of the several
hundred native languages that once existed in the United States, only
155 are still remembered or spoken today. Many of these languages have
fallen out of use. Today, we in Congress recognize the errors of the
past and understand the important role that language plays in
education. Specifically, Congress has worked to preserve, promote, and
protect the rights of native Americans to use, practice and develop
their own languages. To eliminate bilingual education would be to
relive the mistakes of the past by continuing the destruction of native
language culture. Teaching each child the importance of their native
culture and history is paramount to any students's ability to not only
comprehend the present, but to accept the challenges of the future.
Mr. Chairman, the question is, ``do we condemn those children who
grow up with a language other than English? Or do we encourage the
students and their peers to create a learning environment that is both
challenging and expressive. Voting for the Roth amendment will not
create a learning environment and is the same as voting against our own
children's future. The education of innocent children is at stake, and
bilingual education is essential for all children in order to keep our
Nation strong. Let's not interfere with what works, and instead enable
teachers to do what they do best--teach.
Mr. DOOLEY. Mr. Chairman, I rise today in opposition to the Roth
amendment because I believe that bilingual education is an important
link in our Nation's public education system. The Bilingual Education
Act is the only Federal education program specifically designed to
assist State and local education agencies in meeting the needs of
limited-English-proficient students.
In California there are more than 1 million limited-English-
proficient students attending our schools. The research on bilingual
education is clear. Use of both English and the child's native language
serves to promote the learning of English, and allows students to
achieve in other subjects such as math and science--raising prospects
for overall success in school.
I have seen over and over again in my congressional district, the
benefits of bilingual education. We merely cripple children's prospects
for success and assimilation if we are not willing to acknowledge a
language barrier and assist in overcoming it. Bilingual education gives
thousands of children in my--and all over the country--the tools to
succeed, and the ability to become productive, law-abiding citizens.
For 25 years, we have watched as kids have assimilated into our
society with aid of bilingual education. We must not destroy the most
important citizenship program that we have in this country today.
Mr. TOWNS. Mr. Chairman, as both a Representative of a highly
multicultural district, and as a former educator, I must oppose this
amendment offered by my distinguished colleague from Wisconsin. The
amendment before us would eliminate the Federal Bilingual Education
Program, including funding for materials, staff training, teachers, and
aides. It would also prohibit the use of native language instruction.
These policies ignore the growing diversity of our student population.
New York City is populated with thousands of immigrants who have
greatly enriched our economic and social fabric. Our public school
system provides educational services, which include bilingual education
programs, to a growing immigrant student population. I find it
unconscionable that in this land of milk and honey we would seek to
eliminate bilingual education programs, services and/or resources for
language minority children. I am saddened that we would seek to weaken
and ultimately diminish the Bilingual Education Program by prohibiting
the use of the native language for instructional purposes.
This proposal, clearly, offends those of us who endorse the
educational goals of preparing our students for this increasingly
multicultural world. If we want to provide an education of enrichment
of all our children, then we must oppose this amendment. I strongly
urge you to vote ``no.''
The CHAIRMAN. The question is on the amendment offered by the
gentleman from Wisconsin [Mr. Roth].
The question was taken; and the Chairman announced that noes appeared
to have it.
RECORDED VOTE
Mr. ROTH. Mr. Chairman, I demand a recorded vote.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 58,
noes 334, not voting 46, as follows:
[Roll No. 73]
AYES--58
Archer
Armey
Bachus (AL)
Baker (CA)
Baker (LA)
Barrett (NE)
Bartlett
Bentley
Bliley
Bunning
Burton
Callahan
Coble
Collins (GA)
Combest
Crane
DeLay
Dickey
Doolittle
Dreier
Duncan
Everett
Ewing
Fawell
Fields (TX)
Gekas
Goodlatte
Hancock
Hansen
Herger
Hunter
Hutchinson
Johnson, Sam
Kim
King
Kingston
Knollenberg
Linder
Manzullo
McCandless
McMillan
Mica
Myers
Oxley
Packard
Paxon
Petri
Rogers
Rohrabacher
Roth
Royce
Sensenbrenner
Shuster
Smith (OR)
Solomon
Spence
Stump
Taylor (NC)
NOES--334
Abercrombie
Allard
Andrews (NJ)
Andrews (TX)
Applegate
Baesler
Ballenger
Barca
Barcia
Barrett (WI)
Barton
Bateman
Beilenson
Bereuter
Berman
Bevill
Bilbray
Bilirakis
Bishop
Blackwell
Blute
Boehner
Bonilla
Bonior
Borski
Brewster
Brooks
Browder
Brown (CA)
Brown (FL)
Brown (OH)
Bryant
Byrne
Calvert
Camp
Canady
Cantwell
Cardin
Carr
Castle
Chapman
Clayton
Clement
Clinger
Clyburn
Coleman
Collins (IL)
Collins (MI)
Condit
Conyers
Cooper
Coppersmith
Costello
Coyne
Cramer
Crapo
Cunningham
Danner
Darden
de la Garza
de Lugo (VI)
Deal
DeFazio
DeLauro
Dellums
Derrick
Diaz-Balart
Dicks
Dingell
Dixon
Dooley
Dornan
Dunn
Durbin
Edwards (CA)
Edwards (TX)
Ehlers
Emerson
Engel
English
Eshoo
Evans
Farr
Fazio
Fields (LA)
Filner
Fingerhut
Fish
Flake
Foglietta
Ford (MI)
Frank (MA)
Franks (CT)
Franks (NJ)
Frost
Furse
Gallegly
Gejdenson
Gephardt
Geren
Gibbons
Gilchrest
Gilman
Glickman
Gonzalez
Goodling
Gordon
Goss
Green
Greenwood
Gunderson
Hall (OH)
Hall (TX)
Hamilton
Harman
Hastert
Hayes
Hefley
Hefner
Hilliard
Hinchey
Hoagland
Hobson
Hochbrueckner
Hoekstra
Holden
Horn
Houghton
Hoyer
Huffington
Hughes
Hutto
Hyde
Inglis
Inhofe
Inslee
Istook
Jacobs
Jefferson
Johnson (CT)
Johnson (GA)
Johnson (SD)
Kanjorski
Kaptur
Kasich
Kennedy
Kennelly
Kildee
Kleczka
Klein
Klink
Klug
Kolbe
Kopetski
Kreidler
Kyl
LaFalce
Lambert
Lancaster
Lantos
LaRocco
Laughlin
Lazio
Leach
Levin
Levy
Lewis (CA)
Lewis (FL)
Lewis (GA)
Lightfoot
Lipinski
Livingston
Lloyd
Long
Machtley
Maloney
Mann
Manton
Margolies-Mezvinsky
Markey
Martinez
Matsui
Mazzoli
McCollum
McCrery
McCurdy
McDade
McDermott
McHale
McHugh
McInnis
McKeon
McKinney
McNulty
Menendez
Meyers
Mfume
Michel
Miller (FL)
Mineta
Minge
Mink
Moakley
Molinari
Mollohan
Montgomery
Moorhead
Moran
Morella
Murtha
Nadler
Neal (MA)
Neal (NC)
Norton (DC)
Nussle
Oberstar
Obey
Olver
Ortiz
Orton
Pallone
Parker
Pastor
Payne (NJ)
Payne (VA)
Penny
Peterson (FL)
Peterson (MN)
Pickett
Pombo
Pomeroy
Porter
Portman
Poshard
Price (NC)
Pryce (OH)
Quillen
Quinn
Rahall
Ramstad
Rangel
Ravenel
Reed
Regula
Reynolds
Richardson
Roberts
Roemer
Ros-Lehtinen
Rose
Roukema
Rowland
Roybal-Allard
Rush
Sabo
Sanders
Sangmeister
Santorum
Sarpalius
Sawyer
Saxton
Schaefer
Schenk
Schiff
Schroeder
Schumer
Scott
Serrano
Sharp
Shaw
Shays
Shepherd
Sisisky
Skaggs
Skeen
Skelton
Slaughter
Smith (IA)
Smith (MI)
Smith (NJ)
Smith (TX)
Snowe
Spratt
Stark
Stearns
Stenholm
Strickland
Studds
Stupak
Swett
Swift
Synar
Talent
Tanner
Tauzin
Taylor (MS)
Tejeda
Thomas (CA)
Thomas (WY)
Thompson
Thornton
Thurman
Torkildsen
Torres
Torricelli
Towns
Traficant
Tucker
Unsoeld
Upton
Valentine
Vento
Visclosky
Volkmer
Vucanovich
Walker
Walsh
Waters
Watt
Waxman
Weldon
Wheat
Whitten
Williams
Wilson
Wise
Wolf
Woolsey
Wyden
Wynn
Yates
Young (AK)
Young (FL)
Zimmer
NOT VOTING--46
Ackerman
Andrews (ME)
Bacchus (FL)
Barlow
Becerra
Boehlert
Boucher
Buyer
Clay
Cox
Deutsch
Faleomavaega (AS)
Ford (TN)
Fowler
Gallo
Gillmor
Gingrich
Grams
Grandy
Gutierrez
Hamburg
Hastings
Hoke
Johnson, E. B.
Johnston
Lehman
Lowey
McCloskey
Meehan
Meek
Miller (CA)
Murphy
Natcher
Owens
Pelosi
Pickle
Ridge
Romero-Barcelo (PR)
Rostenkowski
Slattery
Stokes
Sundquist
Underwood (GU)
Velazquez
Washington
Zeliff
{time} 1718
The Clerk announced the following pair:
On this vote:
Mr. Grams for, with Mr. Deutsch against.
Messrs. SAXTON, KASICH, LANCASTER, TUCKER, McHUGH, and HYDE changed
their vote from ``aye'' to ``no.''
Mr. KIM changed his vote from ``no'' to ``aye.''
So the amendment was rejected.
The result of the vote was announced as above recorded.
Amendment offered by Mr. Gene Green of Texas
Mr. GENE GREEN of Texas. Mr. Chairman, I offer an amendment.
The Clerk read as follows:
Amendment offered by Mr. Gene Green of Texas: Page 688,
line 8, strike ``$40,000,000'' and insert ``$100,000,000''.
{time} 1720
Mr. GENE GREEN of Texas. Mr. Chairman, this amendment would raise the
authorization of the Emergency Immigrant Education Program for fiscal
year 1995 from $40 million to $100 million. This amendment, as
proposed, would increase the amount to $100 million, however, a
compromise has been reached with Republican Members and it is my hope
that this amendment is now acceptable to both sides of the aisle.
The Emergency Immigrant Education Program provides funding to States
who have been paying the cost of education for children of recent
immigrants to this country. These children often are more costly to
educate since they often have special needs and this program offers a
moderate amount of Federal assistance to recognize the Federal
Government's responsibility to compensate States for the costs
associated with our Federal immigration policy.
We are asking for an increase in authorized amount because the
program has not kept pace with the steady increase in the number of
immigrant children in our schools. As you may be aware, States such as
Texas and California have recently begun legal action against the
Federal Government in order to recover the costs associated with
immigration. This program addresses part of those costs and is support
by both Gov. Pete Wilson and Gov. Ann Richards.
Passing this amendment will send a strong message to the States that
the Federal Government can and will accept responsibility for its
actions. It is our Federal immigration policy that causes much of the
burden on our public schools and this amendment will help those States
who have thus far been bearing a greater share of this burden.
I urge my colleagues to accept this amendment and give our States the
resources they need to provide education services to all children.
Mr. SHAW. Mr. Chairman, will the gentleman yield?
Mr. GENE GREEN of Texas. I yield to the gentleman from Florida.
Mr. SHAW. Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, this is a tremendously important amendment. I
compliment the gentleman for offering it, the gentleman from Florida
[Mr. Johnston], as well as the gentleman from California [Mr. Miller],
who have done a wonderful job in pushing this amendment forward.
In my home State of Florida over the last 5 years we have expended
almost $1 billion on the program of educating newcomers to our State.
It is a terrible burden upon the States who are impacted tremendously
by people coming from offshore the United States.
Mr. Chairman, this is a responsibility of the Federal Government. The
States have no control over who is admitted to the schools or who is
even admitted to our shores. This is clearly a tremendous
responsibility.
Mr. Chairman, I compliment the gentleman for this amendment, and urge
its approval.
Mr. Chairman, I commend my colleague and good friend from Florida,
Harry Johnston, for his hard work in seeking to assist Florida and
other highly impacted States in recouping resources strained by
immigration--both legal and illegal. Because of its rapid growth, which
routinely outpaces the census, Florida is a donor State in many of the
Federal funding formulas. Add to that our border location and the
wonderful quality of life and opportunities we offer, and you begin to
understand the root of our problem with immigration. The social costs
associated with immigration should be a matter of Federal policy and
should be addressed by Federal solutions. Yet Florida is spending
hundreds of millions of dollars on her own--without nearly the support
from the Federal that is needed. Of course I support any measure
designed to pay back those dollars. And I think that is the intention
of this amendment, which is specifically designed to help States cope
with the costs of providing emergency education for immigrants.
At the same time, however, I recognize the inherent problem with
making more resources available for immigrant services--and that is the
magnet effect. America is viewed by millions around the world as the
land of opportunity, a place where dreams come true through employment,
health care, and education. If we continue to expand the authorization
for services every time more people seek to avail themselves of those
services, we will embark on an indefinite and unsustainable spiral.
Given our precarious Federal budget situation, we cannot keep
increasing funding every time we have an increase in the numbers of
refugees and immigrants seeking entry into this country. So my concern
with this amendment is that it will be viewed and implemented as a new
authorization, a new baseline level for future services that will act
as a magnet for ever increased immigration--rather than a payback for
the costs already incurred by the States.
Ms. THURMAN. Mr. Chairman, I rise in strong support of the Green/
Johnston amendment to increase Emergency Immigrant Education Act
funding to $100 million dollars.
Today, there are 700,000 immigrant students in the United States that
qualify for support under the E.I.E.A.
At a funding level of $40 million dollars, only 460,000 students can
receive support. Even among those served, the amount of aid per student
does not come close to covering actual costs. Local school systems are
being forced to absorb the difference.
Increasing the E.I.E.A. allotment to $100 million is an important
first step, but only part of the solution. the distribution formula
itself also needs to be reformed.
Mr. Chairman, Floridians are very generous people, but they simply
cannot continue to carry the financial burden of our Nation's
immigration policies.
About 150,000 foreign born students, both legal and illegal
immigrants, are costing Florida $975 million each year. This is money
that won't be available to improve health care, build parks, expand
prison space, or make roads safer. These are all legitimate State
responsibilities that are being shortchanged because of Federal
immigration policies.
The U.S. Supreme Court has ruled that all students, regardless of
legal status, are entitled to a public education. I say it is about
time that the Federal Government help States like Florida and others
that have the largest number of immigrant students.
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