[Congressional Record Volume 140, Number 100 (Wednesday, July 27, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: July 27, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                IMPROVING AMERICA's SCHOOLS ACT OF 1994

  The PRESIDING OFFICER. The clerk will report the bill. As soon as the 
bill is reported, that unanimous-consent request will be addressed.
  The assistant legislative clerk read as follows:

       A bill (S. 1513) entitled the ``Improving America's Schools 
     Act of 1994''.

  The Senate proceeded to consider the bill, which had been reported 
from the Committee on Labor and Human Resources with an amendment to 
strike out all after the enacting clause and inserting in lieu thereof 
the follow:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Improving America's Schools 
     Act of 1994''.

     SEC. 2. ORGANIZATION OF THE ACT.

       This Act is organized into the following titles:

 TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
                                  1965

      TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT

                  TITLE III--AMENDMENTS TO OTHER ACTS

                        TITLE IV--MISCELLANEOUS

             TITLE V--WORKERS TECHNOLOGY SKILL DEVELOPMENT

     SEC. 3. EFFECTIVE DATES; TRANSITION.

       (a) Effective Dates.--
       (1) Title i.--The amendment made by title I of this Act 
     shall take effect July 1, 1995, except that those provisions 
     of title I that apply to programs under part A of title IX of 
     the Elementary and Secondary Education Act of 1965, as 
     amended by this Act, and to programs under such Act that are 
     conducted on a competitive basis, shall be effective with 
     respect to appropriations for use under such programs for 
     fiscal year 1995 and for subsequent fiscal years.
       (2) Title ii.--Title II of this Act and the amendments made 
     by title II of this Act shall take effect on the date of 
     enactment of this Act, except that section 250 of such title 
     shall be effective--
       (A) July 1, 1995 for noncompetitive programs in which funds 
     are allocated on the basis of a formula; and
       (B) for programs that are conducted on a competitive basis, 
     with respect to appropriations for use under such programs in 
     fiscal year 1995 and in subsequent fiscal years.
       (3) Title iii.--(A) Parts A and B of title III of this Act 
     and the amendments made by such parts shall take effect on 
     July 1, 1995.
       (B) Part C of title III of this Act and the amendments made 
     by such part shall take effect on October 1, 1994.
       (b) Transition.--Notwithstanding any other provision of 
     law, a recipient of funds under the Elementary and Secondary 
     Education Act of 1965, as such Act was in effect on the day 
     preceding the date of enactment of this Act, may use funds 
     available to such recipient under such predecessor authority 
     to carry out necessary and reasonable planning and transition 
     activities in order to ensure a smooth implementation of 
     programs authorized by this Act.
 TITLE I--AMENDMENTS TO THE ELEMENTARY AND SECONDARY EDUCATION ACT OF 
                                  1965

     SEC. 101. AMENDMENTS TO THE ELEMENTARY AND SECONDARY 
                   EDUCATION ACT OF 1965.

       The Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 2701 et seq.) is amended to read as follows:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Elementary and Secondary 
     Education Act of 1965'.

     ``SEC. 2. TABLE OF CONTENTS.

       ``The table of contents for this Act is as follows:

``Sec. 1. Short title.
``Sec. 2. Table of contents.

        ``TITLE I--HELPING CHILDREN IN NEED MEET HIGH STANDARDS

``Sec. 1001. Declaration of policy and statement of purpose.
``Sec. 1002. Authorization of appropriations.

               ``Part A--Making High-poverty Schools Work


                 ``SUBPART 1--BASIC PROGRAM REQUIREMENTS

``Sec. 1111. State plans.
``Sec. 1112. Local educational agency plans.
``Sec. 1113. Eligible school attendance areas.
``Sec. 1114. Schoolwide programs.
``Sec. 1115. Targeted assistance schools.
``Sec. 1116. Parental involvement.
``Sec. 1117. Participation of children enrolled in private schools.
``Sec. 1118. Assessment and local educational agency and school 
              improvement.
``Sec. 1119. State assistance for schools support and improvement.
``Sec. 1120. Fiscal requirements.


                         ``SUBPART 2--ALLOCATIONS

``Sec. 1121. Grants for the outlying areas and the Secretary of the 
              Interior.
``Sec. 1122. Allocations to States.
``Sec. 1123. Grants to States.
``Sec. 1124. Within State allocations.

                    ``Part B--Transition to Success

``Sec. 1201. Transition to success.
``Sec. 1202. Coordination requirements.
``Sec. 1203. Definitions.

             ``Part C--Even Start Family Literacy Programs

``Sec. 1301. Statement of purpose.
``Sec. 1302. Program authorized.
``Sec. 1303. State programs.
``Sec. 1304. Uses of funds.
``Sec. 1305. Program elements.
``Sec. 1306. Eligible participants.
``Sec. 1307. Applications.
``Sec. 1308. Award of subgrants.
``Sec. 1309. Evaluation.
``Sec. 1310. Construction.

               ``Part D--Education of Migratory Children

``Sec. 1401. Program purpose.
``Sec. 1402. Program authorized.
``Sec. 1403. State allocations.
``Sec. 1404. State applications; services.
``Sec. 1405. Secretarial approval; peer review.
``Sec. 1406. Comprehensive needs assessment and service-delivery plan; 
              authorized activities.
``Sec. 1407. Bypass.
``Sec. 1408. Coordination of migrant education activities.

         ``Part E--Education for Neglected and Delinquent Youth

``Sec. 1501. Purpose; program authorized.
``Sec. 1502. Eligibility.
``Sec. 1503. Allocation of funds.
``Sec. 1504. State reallocation of funds.
``Sec. 1505. State plan and State agency applications.
``Sec. 1506. Use of funds.
``Sec. 1507. Institution-wide projects.
``Sec. 1508. Three-year projects.
``Sec. 1509. Program evaluations.
``Sec. 1510. Transition services.
``Sec. 1511. Definitions.

            ``Part F--Federal Evaluations and Demonstrations

``Sec. 1601. Evaluations.
``Sec. 1602. Demonstrations of innovative practices.

                      ``Part G--General Provisions

``Sec. 1701. Federal regulations.
``Sec. 1702. State administration.
``Sec. 1703. Construction.

              ``TITLE II--IMPROVING TEACHING AND LEARNING

    ``Part A--Dwight D. Eisenhower Professional Development Program

``Sec. 2101. Findings.
``Sec. 2102. Purposes.
``Sec. 2103. Authorization of appropriations; allocation between 
              subparts.


                     ``SUBPART 1--FEDERAL ACTIVITIES

``Sec. 2111. Program authorized.
``Sec. 2112. Authorized activities.
``Sec. 2113. Eisenhower National Clearinghouse for Mathematics and 
              Science Education.
``Sec. 2114. National Teacher Training Project.


                 ``SUBPART 2--STATE AND LOCAL ACTIVITIES

``Sec. 2121. Program authorized.
``Sec. 2122. Allocation of funds.
``Sec. 2123. Within State allocations.
``Sec. 2124. Priority for professional development in mathematics and 
              science.
``Sec. 2125. State applications.
``Sec. 2126. State level activities.
``Sec. 2127. Local educational agency applications.
``Sec. 2128. Local cost-sharing.
``Sec. 2129. Local allocation of funds and allowable activities.
``Sec. 2130. Higher education activities.
``Sec. 2131. Consortium requirement.


       ``SUBPART 3--PROFESSIONAL DEVELOPMENT DEMONSTRATION PROJECT

``Sec. 2141. Findings and purpose.
``Sec. 2142. Demonstration program authorized.
``Sec. 2143. Grants.
``Sec. 2144. Plan.
``Sec. 2145. Technical assistance.
``Sec. 2146. Matching funds.


                     ``SUBPART 4--GENERAL PROVISIONS

``Sec. 2151. Reporting and accountability.
``Sec. 2152. Definitions.

                   ``Part B--National Writing Project

``Sec. 2201. Short title.
``Sec. 2202. Findings.
``Sec. 2203. National Writing Project.

           ``Part C--Support and Assistance for ESEA Programs


               ``SUBPART 1--COMPREHENSIVE REGIONAL CENTERS

``Sec. 2301. Findings.
``Sec. 2302. Purpose.
``Sec. 2303. Program authorized.
``Sec. 2304. Eligible entities.
``Sec. 2305. Comprehensive regional centers.
``Sec. 2306. Information collection and evaluation.
``Sec. 2307. Transition.
``Sec. 2308. Authorization of appropriations.


                 ``SUBPART 2--NATIONAL DIFFUSION NETWORK

``Sec. 2311. Program authorized.
``Sec. 2312. Authorization of appropriations.


   ``SUBPART 3--EISENHOWER REGIONAL MATHEMATICS AND SCIENCE EDUCATION 
                              CONSORTIUMS

``Sec. 2321. Program established.
``Sec. 2322. Use of funds.
``Sec. 2323. Application and review.
``Sec. 2324. Regional boards.
``Sec. 2325. Payments; Federal share; non-Federal share.
``Sec. 2326. Evaluation.
``Sec. 2327. Definitions.
``Sec. 2328. Authorization of appropriations.

             ``Part D--Territorial Teacher Training Program

``Sec. 2401. Territorial teacher training program.

   ``Part E--Telecommunications Demonstration Project for Mathematics

``Sec. 2501. Project authorized.
``Sec. 2502. Application required.
``Sec. 2503. Authorization of appropriations.

                 ``TITLE III--TECHNOLOGY FOR EDUCATION

``Sec. 3001. Short title.

           ``Part A--Educational Technology for All Students

``Sec. 3111. Findings.
``Sec. 3112. Statement of purpose.
``Sec. 3113. Definitions.


        ``SUBPART 1--NATIONAL PROGRAMS IN TECHNOLOGY FOR EDUCATION

``Sec. 3121. Purposes.
``Sec. 3122. Federal leadership.
``Sec. 3123. Regional technical support and professional development.
``Sec. 3124. Educational technology product development.
``Sec. 3125. Research on educational applications of advanced 
              technologies.
``Sec. 3126. High performance educational computing and 
              telecommunications networks.
``Sec. 3127. Study, evaluation and report of funding alternatives.


       ``SUBPART 2--STATE AND LOCAL PROGRAMS FOR SCHOOL TECHNOLOGY 
       RESOURCES, TECHNICAL SUPPORT, AND PROFESSIONAL DEVELOPMENT

``Sec. 3131. Statement of purpose.
``Sec. 3132. School technology resource grants.


          ``SUBPART 3--SPECIAL RULE APPLICABLE TO APPROPRIATIONS

``Sec. 3141. Special rule.

                     ``Part B--Star Schools Program

``Sec. 3201. Short title.
``Sec. 3202. Purpose.
``Sec. 3203. Grants authorized.
``Sec. 3204. Eligible telecommunications partnerships.
``Sec. 3205. Applications.
``Sec. 3206. Leadership and evaluation activities.
``Sec. 3207. Administrative provisions.
``Sec. 3208. Other assistance.
``Sec. 3209. Definitions.

                  ``Part C--Ready-to-learn Television

``Sec. 3301. Ready-to-learn.
``Sec. 3302. Educational programming.
``Sec. 3303. Duties of Secretary.
``Sec. 3304. Applications.
``Sec. 3305. Reports and evaluation.
``Sec. 3306. Administrative costs.
``Sec. 3307. Definition.
``Sec. 3308. Authorization of appropriations.

     ``Part D--Elementary Mathematics and Science Equipment Program

``Sec. 3401. Short title.
``Sec. 3402. Statement of purpose.
``Sec. 3403. Program authorized.
``Sec. 3404. Allotments of funds.
``Sec. 3405. State application.
``Sec. 3406. Local application.
``Sec. 3407. Program requirements.
``Sec. 3408. Federal administration.
``Sec. 3409. Authorization of appropriations.

   ``Part E--Elementary and Secondary School Library Media Resources 
                                Program

``Sec. 3501. Program authorized.
``Sec. 3502. Funding requirements.
``Sec. 3503. State plans.
``Sec. 3504. Distribution of allocation to local educational agencies.

               ``Part F--Buddy System Computer Education

``Sec. 3601. Short title.
``Sec. 3602. Purpose.
``Sec. 3603. Grant authorization.
``Sec. 3604. Program requirements.
``Sec. 3605. Applications.
``Sec. 3606. Use of funds.
``Sec. 3607. Evaluation.
``Sec. 3608. Authorization of appropriations.

                 ``TITLE IV--MAGNET SCHOOLS ASSISTANCE

``Sec. 4101. Findings.
``Sec. 4102. Statement of purpose.
``Sec. 4103. Program authorized.
``Sec. 4104. Definition.
``Sec. 4105. Eligibility.
``Sec. 4106. Applications and requirements.
``Sec. 4107. Priority.
``Sec. 4108. Use of funds.
``Sec. 4109. Prohibitions.
``Sec. 4110. Limitation on payments.
``Sec. 4111. Innovative programs.
``Sec. 4112. Authorization of appropriations; reservation.

                 ``TITLE V--BETTER SCHOOLS FOR AMERICA

          ``Part A--Safe and Drug-free Schools and Communities

``Sec. 5101. Findings.
``Sec. 5102. Purpose.
``Sec. 5103. Authorization of appropriations.


   ``SUBPART 1--STATE GRANTS FOR DRUG AND VIOLENCE PREVENTION PROGRAMS

``Sec. 5111. Reservations and allotments.
``Sec. 5112. State applications.
``Sec. 5113. State and local educational agency programs.
``Sec. 5114. Governor's programs.
``Sec. 5115. Local applications.
``Sec. 5116. Local drug and violence prevention programs.
``Sec. 5117. Evaluation and reporting.
``Sec. 5118. Programs for Hawaiian Natives.


                      ``SUBPART 2--NATIONAL PROGRAMS

``Sec. 5121. Federal activities.
``Sec. 5122. Grants to institutions of higher education.


                     ``SUBPART 3--GENERAL PROVISIONS

``Sec. 5131. Definitions.
``Sec. 5132. Materials.
``Sec. 5133. Prohibited uses of funds.

        ``Part B--Assistance to Address School Dropout Problems

``Sec. 5201. Short title.
``Sec. 5202. Purpose.
``Sec. 5203. Grants to local educational agencies.
``Sec. 5204. Application.
``Sec. 5205. Authorized activities.
``Sec. 5206. Distribution of assistance; limitation on costs.
``Sec. 5207. Reports.
``Sec. 5208. Authorization of appropriations.

       ``TITLE VII--LANGUAGE ENHANCEMENT AND ACQUISITION PROGRAMS

                 ``Part A--Bilingual Education Programs

``Sec. 7101. Short title.
``Sec. 7102. Findings.
``Sec. 7103. Policy; authorization of appropriations.
``Sec. 7104. Definitions.
``Sec. 7105. Native American and Alaska Native children in school.


        ``SUBPART 1--FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION

``Sec. 7111. Financial assistance for bilingual education.


                   ``SUBPART 2--RESEARCH AND EVALUATION

``Sec. 7121. Authority.
``Sec. 7122. Research.
``Sec. 7123. Academic excellence awards.
``Sec. 7124. State grant program.
``Sec. 7125. National Clearinghouse for Bilingual Education.
``Sec. 7126. Evaluations.


                  ``SUBPART 3--PROFESSIONAL DEVELOPMENT

``Sec. 7131. Purpose.
``Sec. 7132. Professional development grants.
``Sec. 7133. Fellowships.
``Sec. 7134. Stipends.

             ``Part B--Foreign Language Assistance Program

``Sec. 7201. Short title.
``Sec. 7202. Findings.
``Sec. 7203. Program authorized.
``Sec. 7204. Applications.
``Sec. 7205. Authorization of appropriations.

                        ``Part C--Administration

``Sec. 7301. Coordination with related programs.
``Sec. 7302. Report on bilingual education.
``Sec. 7303. State educational agency recommendations; peer review.

                         ``Part D--Special Rule

``Sec. 7401. Special rule.

            ``TITLE VIII--PROGRAMS OF NATIONAL SIGNIFICANCE

                      ``Part A--Arts in Education

``Sec. 8101. Support for arts education.

            ``Part B--Inexpensive Book Distribution Program

``Sec. 8151. Inexpensive book distribution program for reading 
              motivation.

                    ``Part C--Public Charter Schools

``Sec. 8201. Findings and purpose.
``Sec. 8202. Program authorized.
``Sec. 8203. Applications.
``Sec. 8204. Administration.
``Sec. 8205. Uses of funds.
``Sec. 8206. National activities.
``Sec. 8207. Definitions.
``Sec. 8208. Authorization of appropriations.

                       ``Part D--Civic Education

``Sec. 8251. Instruction on the history and principles of democracy in 
              the United States.
``Sec. 8252. Instruction in civics, government, and the law.
``Sec. 8253. Report; authorization of appropriations.

             ``Part E--Allen J. Ellender Fellowship Program

``Sec. 8301. Findings.


      ``SUBPART 1--PROGRAM FOR MIDDLE AND SECONDARY SCHOOL STUDENTS

``Sec. 8311. Establishment.
``Sec. 8312. Applications.


      ``SUBPART 2--PROGRAM FOR MIDDLE AND SECONDARY SCHOOL TEACHERS

``Sec. 8321. Establishment.
``Sec. 8322. Applications.


    ``SUBPART 3--PROGRAMS FOR RECENT IMMIGRANTS, STUDENTS OF MIGRANT 
                      PARENTS AND OLDER AMERICANS

``Sec. 8331. Establishment.
``Sec. 8332. Applications.


                     ``SUBPART 4--GENERAL PROVISIONS

``Sec. 8341. Administrative provisions.
``Sec. 8342. Authorization of appropriations.

                 ``Part F--Gifted and Talented Children

``Sec. 8401. Short title.
``Sec. 8402. Findings and purposes.
``Sec. 8403. Definitions; construction.
``Sec. 8404. Authorized programs.
``Sec. 8405. Program priorities.
``Sec. 8406. General provisions.
``Sec. 8407. Authorization of appropriations.

                  ``Part G--Women's Educational Equity

``Sec. 8451. Short title; findings.
``Sec. 8452. Statement of purposes.
``Sec. 8453. Program authorized.
``Sec. 8454. Applications.
``Sec. 8455. Criteria and priorities.
``Sec. 8456. Report.
``Sec. 8457. Evaluation and dissemination.
``Sec. 8458. Authorization of appropriations.

            ``Part H--Fund for the Improvement of Education

``Sec. 8501. Fund for the Improvement of Education.

                     ``Part I--Blue Ribbon Schools

``Sec. 8551. Blue Ribbon Schools program.

          ``Part J--National Student and Parent Mock Election

``Sec. 8601. National student and parent mock election.

          ``Part K--Elementary School Counseling Demonstration

``Sec. 8651. Short title.
``Sec. 8652. Findings and purpose.
``Sec. 8653. Authorization of appropriations.
``Sec. 8654. Program authority.
``Sec. 8655. Applications.
``Sec. 8656. Use of funds.
``Sec. 8657. Definitions.

           ``Part L--21st Century Community Learning Centers

``Sec. 8701. Short title.
``Sec. 8702. Findings.
``Sec. 8703. Program authorization.
``Sec. 8704. Application required.
``Sec. 8705. Uses of funds.
``Sec. 8706. Definitions.
``Sec. 8707. Authorization of appropriations.

                        ``Part M--Model Projects

``Sec. 8751. Model projects.

                 ``Part N--Extending Time for Learning

``Sec. 8801. Findings.
``Sec. 8802. Purpose.
``Sec. 8803. Program authorized.
``Sec. 8804. Application.
``Sec. 8805. Authorized activities.
``Sec. 8806. Administration.
``Sec. 8807. Definitions.
``Sec. 8808. Authorization of appropriations.

            ``Part O--Creating Smaller Learning Communities

``Sec. 8851. Findings.
``Sec. 8852. Purpose.
``Sec. 8853. Program authorized.
``Sec. 8854. Application.
``Sec. 8855. Authorized activities.
``Sec. 8856. Administration.
``Sec. 8857. Authorization of appropriations.

                      ``TITLE IX--SPECIAL PROGRAMS

                          ``Part A--Impact Aid

``Sec. 9001. Findings.
``Sec. 9002. Purpose.
``Sec. 9003. Payments relating to Federal acquisition of real property.
``Sec. 9004. Payments for eligible federally connected children.
``Sec. 9005. Policies and procedures relating to children residing on 
              Indian lands.
``Sec. 9006. Application for payments under sections 9003 and 9004.
``Sec. 9007. Payments for sudden and substantial increases in 
              attendance of military dependents.
``Sec. 9008. Construction.
``Sec. 9009. Facilities.
``Sec. 9010. Treatment of payments by the States in determining 
              eligibility for, and the amount of, State aid.
``Sec. 9011. Federal administration.
``Sec. 9012. Administrative hearings and judicial review.
``Sec. 9013. Forgiveness of overpayments.
``Sec. 9014. Definitions.
``Sec. 9015. Authorization of appropriations.

            ``Part B--Emergency Immigrant Education Program

``Sec. 9201. Purpose; definition.
``Sec. 9202. State administrative costs.
``Sec. 9203. Withholding.
``Sec. 9204. State allocations.
``Sec. 9205. State applications.
``Sec. 9206. Administrative provisions.
``Sec. 9207. Uses of funds.
``Sec. 9208. Reports.
``Sec. 9209. Authorization of appropriations.

                ``Part C--Education for Native Hawaiians

``Sec. 9301. Findings.
``Sec. 9302. Purpose.
``Sec. 9303. Native Hawaiian model curriculum implementation project.
``Sec. 9304. Native Hawaiian family-based education centers.
``Sec. 9305. Native Hawaiian higher education demonstration program.
``Sec. 9306. Native Hawaiian gifted and talented demonstration program.
``Sec. 9307. Native Hawaiian special education program.
``Sec. 9308. Administrative provisions.
``Sec. 9309. Definitions.

                    ``Part D--Territorial Assistance

``Sec. 9401. General assistance for the Virgin Islands.

                     ``TITLE X--GENERAL PROVISIONS

                         ``Part A--Definitions

``Sec. 10101. Definitions.
``Sec. 10102. Applicability of this title.

   ``Part B--Flexibility in the Use of Administrative and Other Funds

``Sec. 10201. Consolidation of State administrative funds for 
              elementary and secondary education programs.
``Sec. 10202. Single local educational agency States.
``Sec. 10203. Consolidation of funds for local administration.
``Sec. 10204. Administrative funds study.
``Sec. 10205. Consolidated set-aside for Department of the Interior 
              funds.
``Sec. 10206. Availability of unneeded program funds.

   ``Part C--Coordination of Programs; Consolidated State and Local 
                              Applications

``Sec. 10301. Purpose.
``Sec. 10302. Optional consolidated State application.
``Sec. 10303. General applicability of State educational agency 
              assurances.
``Sec. 10304. Consolidated local applications.
``Sec. 10305. Other general assurances.
``Sec. 10306. Relationship of State and local plans to plans under the 
              Goals 2000: Educate America Act.

                           ``Part D--Waivers

``Sec. 10401. Waivers of statutory and regulatory requirements.

                      ``Part E--Uniform Provisions

``Sec. 10501. Maintenance of effort.
``Sec. 10502. Prohibition regarding State aid.
``Sec. 10503. Participation by private school children and teachers.
``Sec. 10504. Standards for by-pass.
``Sec. 10505. Complaint process for participation of private school 
              children.
``Sec. 10506. By-pass determination process.
``Sec. 10507. Prohibition against funds for religious worship or 
              instruction.

                       ``Part F--Other Provisions

``Sec. 10601. State recognition of exemplary performance.
``Sec. 10602. Applicability to home schools.
``Sec. 10603. General provision regarding nonrecipient nonpublic 
              schools.
``Sec. 10604. Prohibition on Federal mandates, direction, and control.
``Sec. 10605. Report.

                         ``Part G--Evaluations

``Sec. 10701. Evaluations.

    ``TITLE XI--CULTURAL PARTNERSHIPS FOR AT-RISK CHILDREN AND YOUTH

``Sec. 11101. Short title.
``Sec. 11102. Findings.
``Sec. 11103. Demonstration program.
``Sec. 11104. Authorized activities.
``Sec. 11105. Planning subgrants.
``Sec. 11106. Payments; amounts of award; cost share; limitations.
``Sec. 11107. Models.
``Sec. 11108. Authorization of appropriations.

                  ``TITLE XII--DISCLOSURE REQUIREMENTS

``Sec. 12001. Definitions.
``Sec. 12002. Disclosure requirements.
``Sec. 12003. Nondiscriminatory enrollment and service policy.
``Sec. 12004. Enforcement.

               ``TITLE XIII--TARGETED ASSISTANCE PROGRAM

                      ``Part A--General Provisions

``Sec. 13101. Allotment to States.
``Sec. 13102. Allocation to local educational agencies.

                        ``Part B--State Programs

``Sec. 13201. State uses of funds.
``Sec. 13202. State applications.
``Sec. 13203. Participation of children enrolled in private schools.

              ``Part C--Local Targeted Assistance Programs

``Sec. 13301. Targeted use of funds.
``Sec. 13302. Authorized activities.
``Sec. 13303. Local applications.

               ``Part D--Authorization of Appropriations

``Sec. 13401. Authorization of appropriations.

               ``TITLE XIV--NATIONAL EDUCATION STATISTICS

``Sec. 14001. Short title.
``Sec. 14002. Findings; purpose; definitions.
``Sec. 14003. National Center for Education Statistics.
``Sec. 14004. Duties of the Center.
``Sec. 14005. Performance of duties.
``Sec. 14006. Reports.
``Sec. 14007. Advisory Council on Education Statistics.
``Sec. 14008. Confidentiality.
``Sec. 14009. Dissemination.
``Sec. 14010. Cooperative education statistics systems.
``Sec. 14011. National Assessment of Educational Progress.
``Sec. 14012. National Assessment Governing Board.
``Sec. 14013. Authorization of appropriations.

                  ``TITLE XV--EDUCATION INFRASTRUCTURE

``Sec. 15001. Short title.
``Sec. 15002. Findings.
``Sec. 15003. Purpose.
``Sec. 15004. Definitions.
``Sec. 15005. Improvement of public elementary and secondary education 
              facilities program authorized.
``Sec. 15006. Applications.
``Sec. 15007. Criteria for awarding grants.
``Sec. 15008. Authorized activities.
``Sec. 15009. Requirements.
``Sec. 15010. Fair wages.
``Sec. 15011. Federal assessment.

                 ``TITLE XVI--URBAN AND RURAL EDUCATION

``Sec. 16001. Definitions.

                        ``Part A--Urban Schools

``Sec. 16101. Short title.
``Sec. 16102. Findings.
``Sec. 16103. Purpose.


                  ``SUBPART 1--URBAN SCHOOL IMPROVEMENT

``Sec. 16121. Allocation of funds.
``Sec. 16122. Application.
``Sec. 16123. Planning period.
``Sec. 16124. Uses of funds.
``Sec. 16125. Accountability.
``Sec. 16126. Incentive awards to exemplary programs.
``Sec. 16127. Special rules.


                     ``SUBPART 2--GENERAL PROVISIONS

``Sec. 16131. White House Conference on Urban Education.

                        ``Part B--Rural Schools

``Sec. 16201. Short title.
``Sec. 16202. Findings.
``Sec. 16203. Purpose.


                  ``SUBPART 1--RURAL SCHOOL IMPROVEMENT

``Sec. 16221. Allotment of funds.
``Sec. 16222. Application.
``Sec. 16223. Planning period.
``Sec. 16224. Uses of funds.
``Sec. 16225. Accountability.
``Sec. 16226. Incentive awards to exemplary programs.


                     ``SUBPART 2--GENERAL PROVISIONS

``Sec. 16231. White House Conference on Rural Education.

               ``Part C--Authorization of Appropriations

``Sec. 16301. Authorization of appropriations.
        ``TITLE I--HELPING CHILDREN IN NEED MEET HIGH STANDARDS

     ``SEC. 1001. DECLARATION OF POLICY AND STATEMENT OF PURPOSE.

       ``(a) Statement of Policy.--
       ``(1) In general.--The Congress declares it to be the 
     policy of the United States that a high-quality education for 
     all individuals and a fair and equal opportunity to obtain 
     that education are a societal good, are a moral imperative, 
     and improve the life of every individual, because the quality 
     of our individual lives ultimately depends on the quality of 
     the lives of others.
       ``(2) Additional policy.--The Congress further declares it 
     to be the policy of the United States to expand the program 
     authorized by this title over the fiscal years 1995 through 
     1999 by increasing funding for this title by at least 
     $750,000,000 over baseline each fiscal year and thereby 
     increasing the percentage of eligible children served in each 
     fiscal year with the intent of serving all eligible children 
     by fiscal year 2004.
       ``(b) Recognition of Need.--The Congress recognizes that--
       ``(1) although the achievement gap between disadvantaged 
     children and other children has been reduced by half over the 
     past two decades, a sizable gap remains, and many segments of 
     our society lack the opportunity to become well educated;
       ``(2) the most urgent need for educational improvement is 
     in schools with high concentrations of children from low-
     income families and achieving the National Education Goals 
     will not be possible without substantial improvement in such 
     schools;
       ``(3) educational needs are particularly great for low-
     achieving children in our Nation's highest-poverty schools, 
     children with limited-English proficiency, children of 
     migrant workers, children with disabilities, Indian children, 
     children who are neglected or delinquent, and young children 
     and their parents who are in need of family-literacy 
     services; and
       ``(4) in order for all students to master challenging 
     standards in core academic subjects as described in the third 
     National Education Goal described in section 102(3) of the 
     Goals 2000: Educate America Act, students and schools will 
     need to maximize the time spent on teaching and learning the 
     core academic subjects, and students who receive pullout 
     instruction at the expense of core academic subject learning 
     time can fall further behind in learning the core academic 
     subjects.
       ``(c) What Has Been Learned Since 1988.--To enable schools 
     to provide all children a high-quality education, this title 
     builds upon the following learned information:
       ``(1) All children can master challenging content and 
     complex problem-solving skills. Research clearly shows that 
     children, including low-achieving children, can succeed when 
     expectations are high and all children are given the 
     opportunity to learn challenging material.
       ``(2) Piecemeal reform, particularly when not tied to an 
     overall vision of teaching to, and helping all children 
     reach, high standards does not work.
       ``(3) Use of low-level tests that are not aligned with 
     schools' curricula fails to provide adequate information 
     about what children know and can do and encourages curricula 
     and instruction that focus on low-level skills measured by 
     those tests.
       ``(4) Resources are effective when children have full 
     access to quality regular school programs and receive 
     supplemental help through extended-time activities.
       ``(5) Intensive and sustained professional development for 
     teachers and other school staff, focused on teaching and 
     learning and on helping children attain high standards, is 
     too often not provided.
       ``(6) All parents can contribute to their children's 
     success by helping at home and becoming partners with 
     teachers so that children can achieve high standards.
       ``(7) Decentralized decisionmaking is a key ingredient of 
     systemic reform. Schools need the resources, flexibility, and 
     authority to design and implement effective strategies for 
     bringing their children to high levels of performance.
       ``(8) Opportunities for students to achieve to high 
     standards can be enhanced through a variety of approaches 
     such as public school choice and charter schools.
       ``(9) Attention to academics alone cannot ensure that all 
     children will reach high standards. The health and other 
     needs of children that affect learning are frequently unmet, 
     particularly in high-poverty schools, thereby necessitating 
     coordination of services to better meet children's needs.
       ``(10) Resources provided under this title have not been 
     adequately targeted on the highest-poverty school districts 
     and schools that have children most in need.
       ``(11) Equitable and sufficient resources, particularly as 
     such resources relate to the quality of the teaching force, 
     have an integral relationship to high student achievement.
       ``(d) Statement of Purpose.--The purpose of this title is 
     to enable schools to provide opportunities for children 
     served to acquire the same basic and advanced skills and 
     knowledge as children not served under this title. This 
     purpose shall be accomplished by--
       ``(1) ensuring high standards and aligning the efforts of 
     States, local educational agencies, and schools to help 
     children served under this title to reach such standards;
       ``(2) providing children an enriched and accelerated 
     educational program, including, when appropriate, the use of 
     the arts and humanities, through schoolwide programs or 
     through additional services that increase the amount and 
     quality of instructional time;
       ``(3) promoting schoolwide reform and access of children, 
     from the earliest grades, to effective instructional 
     strategies and challenging academic content that support 
     intensive complex thinking and problem-solving experiences;
       ``(4) significantly upgrading the quality of instruction by 
     providing staff in participating schools with substantial 
     opportunities for ongoing professional development;
       ``(5) coordinating services under all parts of this title 
     with each other, with other educational services, and, to the 
     extent feasible, with health and social service programs 
     funded from other sources;
       ``(6) affording parents meaningful opportunities to 
     participate in the education of their children at home and at 
     school;
       ``(7) distributing resources, in amounts sufficient to make 
     a difference, to areas where needs are greatest;
       ``(8) improving accountability, as well as teaching and 
     learning, by using State assessment systems designed to 
     measure how well children served under this title are 
     achieving high State student performance standards expected 
     of all children;
       ``(9) providing greater decisionmaking authority and 
     flexibility to schools in exchange for greater responsibility 
     for student performance; and
       ``(10) encouraging the development of innovative models for 
     recruitment, induction, retention, and assessment of new, 
     highly qualified teachers, especially such teachers from 
     historically underrepresented groups.

     ``SEC. 1002. AUTHORIZATION OF APPROPRIATIONS.

        ``(a) Local Educational Agency Grants.--For the purpose of 
     carrying out part A of this title, other than section 
     1117(e), there are authorized to be appropriated 
     $7,500,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.
        ``(b) Even Start.--For the purpose of carrying out part C, 
     there are authorized to be appropriated $120,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of the 4 succeeding fiscal years.
        ``(c) Education of Migratory Children.--For the purpose of 
     carrying out part D, there are authorized to be appropriated 
     $310,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.
        ``(d) Education for Neglected or Delinquent Youth.--For 
     the purpose of carrying out part E, there are authorized to 
     be appropriated $40,000,000 for fiscal year 1995 and such 
     sums as may be necessary for each of the 4 succeeding fiscal 
     years.
        ``(e) Capital Expenses.--For the purpose of carrying out 
     section 1117(e), there are authorized to be appropriated 
     $45,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.
        ``(f) Federal Activities.--
       ``(1) Section 1601.--For the purpose of carrying out 
     section 1601, there are authorized to be appropriated 
     $10,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.
       ``(2) Section 1602.--For the purpose of carrying out 
     section 1602, there are authorized to be appropriated 
     $20,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.

               ``PART A--MAKING HIGH-POVERTY SCHOOLS WORK

                ``Subpart 1--Basic Program Requirements

     ``SEC. 1111. STATE PLANS.

       ``(a) Plans Required.--
       ``(1) In general.--Any State desiring to receive a grant 
     under this part shall submit to the Secretary a plan, 
     developed in consultation with local educational agencies, 
     teachers, pupil services personnel, administrators, other 
     staff, and parents, that satisfies the requirements of this 
     section.
       ``(2) Consolidation plan.--A State plan submitted under 
     paragraph (1) may be submitted as part of a consolidation 
     plan under section 10302.
       ``(b) Standards and Assessment Provisions.--
       ``(1) In general.--(A) Each State plan shall describe--
       ``(i) the high-quality academic standards for all children 
     that will be used by the State, its local educational 
     agencies, and its schools in subjects, as determined by the 
     State, to carry out this part, and for those subjects for 
     which a State does not have standards and students are served 
     under this part, describe a process for ensuring that such 
     students are taught the same knowledge and skills and held to 
     the same expectations as all children;
       ``(ii)(I) two levels of high performance, proficient and 
     advanced, that determine how well children are mastering the 
     material in the State content standards; and
       ``(II) a third level, partially proficient, to provide 
     complete information about the progress of the lower-
     performing children toward achieving to the proficient and 
     advanced levels of performance; and
       ``(iii) the steps the State will take to help each local 
     educational agency and school affected by the State plan 
     develop the capacity to comply with each of the requirements 
     of sections 1112(c)(3), 1114(b), and 1115(c) that is 
     applicable to such agency or school.
       ``(B) If a State has State content standards or State 
     student performance standards developed under title III of 
     the Goals 2000: Educate America Act or an aligned set of 
     assessments for all students developed under such title, or 
     if not developed under such title, adopted under another 
     process, the State shall use those standards and assessments, 
     modified, if necessary, to conform with the requirements of 
     paragraphs (1)(A)(i), (2), and (3).
       ``(C) If a State has not adopted State content standards 
     and State student performance standards for all students, the 
     State plan shall include a strategy for developing State 
     content standards and State student performance standards for 
     elementary and secondary school children served under this 
     part in subjects as determined by the State, including at 
     least mathematics, and reading or language arts, which 
     standards shall include the same knowledge, skills, and 
     levels of performance expected of all children, and for those 
     subjects for which a State will not develop standards and 
     students are served under this part, include a strategy for 
     developing a process for ensuring that such students are 
     taught the same knowledge and skills and held to the same 
     expectations as all children.
       ``(2) Adequate yearly progress.--(A) Each State plan shall 
     include a description, based on assessments described under 
     paragraph (3), of what constitutes adequate yearly progress 
     of--
       ``(i) any school served under this part toward enabling all 
     children to meet the State's student performance standards; 
     and
       ``(ii) any local educational agency that receives funds 
     under this part toward enabling all children within its 
     jurisdiction to meet the State's student performance 
     standards.
       ``(B) Adequate yearly progress under this paragraph shall 
     be defined in a manner that results in continuous and 
     substantial yearly improvement of each local educational 
     agency and school sufficient to achieve the goal of all 
     children served under this part meeting the State's advanced 
     level of performance, particularly eligible children 
     described in section 1115(b).
       ``(3) Assessments.--Each State plan shall include a 
     description of the set of high-quality, yearly student 
     assessments, including at least one assessment in one grade 
     in each school, that will be used as the primary means of 
     determining the yearly performance of each local educational 
     agency and school served under this part in enabling all 
     children served under this part to meet the State's student 
     performance standards. Such assessments shall--
       ``(A) be the same assessments used to measure the 
     performance of all children, if the State measures the 
     performance of all children;
       ``(B) be aligned with such State's content standards in 
     subjects for which the State has developed standards in 
     accordance with subparagraph (A) or (C) of paragraph (1);
       ``(C) involve multiple measures of student performance, 
     including measures that assess higher order thinking skills 
     and understanding;
       ``(D) provide for--
       ``(i) the participation in such assessments of all students 
     with diverse learning needs; and
       ``(ii) the adaptations and accommodations necessary to 
     permit such participation;
       ``(E) be used for the purposes for which they are valid and 
     reliable and be consistent with relevant, nationally 
     recognized professional and technical standards for such 
     assessments, except that assessment measures that do not 
     satisfy the requirements of this subparagraph may be included 
     as one of the multiple measures;
       ``(F) be capable of providing coherent information about 
     student attainments relative to the State content standards;
       ``(G) support effective curriculum and instruction;
       ``(H) provide individual student reports;
       ``(I) provide statistically reliable results for 
     economically disadvantaged children disaggregated by gender, 
     major ethnic or racial groups, limited-English proficient 
     children, children with disabilities, and other educationally 
     meaningful categories of children; and
       ``(J) include students who have resided in the area served 
     by a local educational agency for a full academic year but 
     have not attended a single school served by such agency for a 
     full academic year, except that the performance of students 
     who have attended more than one school in the local 
     educational agency in any academic year shall be used only in 
     determining the progress of the local educational agency, 
     unless the State provides otherwise.
       ``(4) Other indicators.--Each State plan may include a 
     description of any other indicators, such as rates of 
     attendance, graduation, and school-to-work or school-to-
     college transition, that will be used in addition to the 
     assessments required by paragraph (3) in determining the 
     yearly performance of each local educational agency and 
     school served under this part.
       ``(5) Transitional statewide assessments.--(A)(i) If a 
     State does not have State content standards and State student 
     performance standards that meet the requirements of paragraph 
     (1) or assessments that meet the requirements of paragraph 
     (3), the State may propose to use, for a transitional period 
     of not more than two years, a transitional statewide set of 
     yearly assessments that measure the performance of complex 
     skills and challenging subject matter.
       ``(ii) Each State using the transitional assessments 
     described in clause (i) shall develop benchmarks of progress 
     toward the development of assessments that meet the 
     requirements of paragraph (3), including periodic updates.
       ``(B)(i) The Secretary may extend for two additional years 
     the use of the transitional assessments described in 
     subparagraph (A) upon the request of a State and a showing of 
     substantial progress toward meeting the requirements of 
     paragraphs (1) and (3), particularly paragraph (3)(C).
       ``(ii) A State that is denied the two-year extension or 
     renewal under clause (i) or is granted such an extension or 
     renewal, but after one or two additional years does not have 
     State content standards and State student performance 
     standards that meet the requirements of paragraph (1) or 
     assessments that meet the requirements of paragraph (3), 
     shall adopt a set of such standards and aligned assessments, 
     such as those contained in other State plans the Secretary 
     has approved.
       ``(C) For any year during which a State is using 
     transitional assessments the State shall devise a procedure 
     for identifying local educational agencies under subsections 
     (c)(3) and (c)(7) of section 1118 and schools under 
     subsections (b)(1) and (b)(6) of section 1118 that relies on 
     accurate information about the academic progress of each such 
     local educational agency and school.
       ``(c) Other Provisions To Support Teaching and Learning.--
     Each State plan shall contain assurances that--
       ``(1) the State educational agency will implement a system 
     of school support teams under section 1119(b), including 
     provision of necessary professional development for those 
     teams;
       ``(2) the State educational agency will provide the least 
     restrictive and burdensome regulations for local educational 
     agencies and individual schools participating in a program 
     assisted under this part;
       ``(3) the State educational agency will fulfill its local 
     educational agency and school improvement responsibilities 
     under section 1118; and
       ``(4) the State educational agency will encourage the use 
     of funds from other Federal, State, and local sources for 
     schoolwide reform in schoolwide programs under section 1114.
       ``(d) Peer Review and Secretarial Approval.--
       ``(1) In general.--The Secretary shall--
       ``(A) establish a peer review process to assist in the 
     review and recommendations for revision of State plans;
       ``(B) following an initial peer review, approve a State 
     plan the Secretary determines meets the requirements of 
     subsections (b) and (c);
       ``(C) if the Secretary determines that the State plan does 
     not meet the requirements of subsection (b) or (c), 
     immediately notify the State of that determination and the 
     reasons for such determination;
       ``(D) not finally disapprove a State's plan before offering 
     the State an opportunity to revise its plan and provide 
     technical assistance to assist the State to meet the 
     requirements of subsections (b) and (c); and
       ``(E) not require a State, as a condition of approval of 
     the State plan, to include in, or delete from, such plan one 
     or more specific elements of the State's content standards or 
     to use specific assessment instruments or items.
       ``(2) Withholding.--The Secretary may withhold funds for 
     State administration and activities under section 1119 until 
     the Secretary determines that the State plan meets the 
     requirements of this section.
       ``(e) Duration of the Plan.--
       ``(1) In general.--Each State plan shall--
       ``(A) remain in effect for the duration of the State's 
     participation under this part; and
       ``(B) be periodically reviewed and revised by the State, as 
     necessary, to reflect changes in the State's strategies and 
     programs under this part.
       ``(2) Additional information.--If the State makes 
     significant changes in its plan, such as the adoption of new 
     State content standards and State student performance 
     standards, new assessments, or a new definition of adequate 
     progress, the State shall submit such information to the 
     Secretary.
       ``(f) Special Rule.--If the aggregate State expenditure by 
     a State educational agency for the operation of elementary 
     and secondary education programs in the State is less than 
     such agency's aggregate Federal expenditure for the State 
     operation of all Federal elementary and secondary education 
     programs, then the State plan shall include assurances and 
     specific provisions that such State will provide State 
     expenditures for the operation of elementary and secondary 
     education programs equal to or exceeding the level of Federal 
     expenditures for such operation by October 1, 1998.

     ``SEC. 1112. LOCAL EDUCATIONAL AGENCY PLANS.

       ``(a) Plans Required.--A local educational agency may 
     receive a subgrant under this part for any fiscal year only 
     if such agency has on file with the State educational agency 
     a plan that is approved by the State educational agency. Such 
     plan may be submitted as part of a consolidated plan under 
     section 10304.
       ``(b) Plan Provisions.--
       ``(1) In general.--Each local educational agency plan shall 
     include--
       ``(A) a description of additional high-quality student 
     assessments, if any, other than those described in the State 
     plan under section 1111, that--
       ``(i) the local educational agency and schools served under 
     this part will use to--

       ``(I) provide information to teachers, parents, and 
     students on the progress being made toward meeting the State 
     student performance standards described in section 
     1111(b)(2)(A); and
       ``(II) aid in instruction, in improving the performance of 
     individual students, and in revising the local educational 
     agency or school's instructional program to enable all 
     children served under this part to meet the State student 
     performance standards described in section 1111(b)(2)(A);

       ``(ii) will be selected and administered by teachers; and
       ``(iii) will be aligned with curriculum and constitute an 
     integral part of the instructional program;
       ``(B) at the local educational agency's discretion, a 
     description of any other indicators, such as rates of 
     attendance, graduation, and school-to-work or school-to-
     college transition, that will be used in addition to the 
     assessments described in subparagraph (A) for the uses 
     described in clause (i) of such subparagraph;
       ``(C) a description of the strategy the local educational 
     agency will use to provide ongoing professional development 
     for teachers, pupil services personnel, administrators, 
     parents and other staff, including local educational agency 
     level staff, that--
       ``(i) takes into account the needs and activities across 
     and within schools; and
       ``(ii) draws on resources available under this part, other 
     Federal resources, and, at the local educational agency's 
     discretion, other State and local resources;
       ``(D) a description of the poverty criteria that will be 
     used to select school attendance areas under section 1113;
       ``(E) a description of how teachers, in consultation with 
     parents, administrators, and pupil services personnel, in 
     targeted assistance schools under section 1115 will identify 
     those eligible children most in need of services under this 
     part;
       ``(F) a general description of the nature of the programs 
     to be conducted by its schools under sections 1114 and 1115 
     and services outside those schools for children living in 
     local institutions for neglected or delinquent children and 
     for eligible homeless children;
       ``(G) a description of how the local educational agency, 
     where appropriate, will use funds under this part to support 
     preschool programs for children, particularly children 
     participating in a Head Start or Even Start program, which 
     services may be provided directly by the local educational 
     agency or through a subcontract with the local Head Start 
     agency designated by the Secretary of Health and Human 
     Services under section 641 of the Head Start Act, or another 
     comparable public early childhood development program; and
       ``(H) a description of how the local educational agency, as 
     part of a comprehensive school reform effort, will, where 
     appropriate and feasible as determined by such agency, use 
     funds provided under this part to reduce class size to 15 
     students.
       ``(2) Filing and approval.--Notwithstanding paragraph (1), 
     each local educational agency plan shall be filed according 
     to a schedule established by the State educational agency, 
     except that a local educational agency shall have not more 
     than 2 years from the date of enactment of the Improving 
     America's Schools Act of 1994 to have such plan approved by 
     the State educational agency.
       ``(c) Assurances.--Each local educational agency plan shall 
     provide assurances that the local educational agency will--
       ``(1) work in consultation with schools as the schools 
     develop their plans pursuant to section 1114 or 1118 and 
     assist schools as schools implement those plans so that each 
     school can make adequate yearly progress toward meeting the 
     State content standards and State student performance 
     standards;
       ``(2)(A) inform eligible schools and parents of schoolwide 
     project authority; and
       ``(B) provide technical assistance and support to 
     schoolwide programs;
       ``(3) fulfill its school improvement responsibilities under 
     section 1118;
       ``(4) provide services to eligible children attending 
     private elementary and secondary schools in accordance with 
     section 1117, and timely and meaningful consultation with 
     private school officials regarding such services;
       ``(5) consistent with the provisions of section 10306, 
     coordinate and integrate services provided under this part 
     with other educational services, including--
       ``(A) Even Start, Head Start, and other preschool programs, 
     and school-to-work transition programs; and
       ``(B) services for children with limited-English 
     proficiency or with disabilities, migratory children served 
     under part D, neglected or delinquent children served under 
     part E, homeless children, and immigrant children, in order 
     to increase program effectiveness, eliminate duplication, and 
     reduce fragmentation of the children's instructional program;
       ``(6) coordinate and collaborate, to the extent feasible 
     and necessary as determined by the local educational agency, 
     with school-based pupil services personnel where appropriate, 
     and with other agencies providing services to children, 
     youth, and families, including health and social services;
       ``(7) where appropriate and feasible as determined by the 
     local educational agency, establish a procedure to ensure 
     that all children in participating elementary schools receive 
     two health screenings during the elementary school years at 
     appropriate intervals based on reasonable pediatric 
     standards; and
       ``(8) in the case that a State chooses to utilize funds 
     under this part to provide early childhood development 
     services to low-income children below the age of compulsory 
     school attendance, ensure that such services comply with the 
     performance standards established under section 641A(a) of 
     the Head Start Act or under section 651 of such Act, as such 
     section 651 was in effect on the day preceding the date of 
     enactment of the Human Services Amendments of 1994.
       ``(d) Plan Development and Duration.--Each local 
     educational agency plan shall--
       ``(1) be developed in consultation with teachers, pupil 
     services personnel and parents of children in schools served 
     under this part;
       ``(2) remain in effect for the duration of the local 
     educational agency's participation under this part; and
       ``(3) be periodically reviewed and revised, as necessary, 
     to reflect changes in the local educational agency's 
     strategies and programs.
       ``(e) State Approval.--The State educational agency shall 
     approve a local educational agency's plan only if the State 
     educational agency determines that the local educational 
     agency's plan will enable schools served under this part to 
     substantially help all children served under this part meet 
     the standards described in section 1111(b)(1).
       ``(f) Program Responsibility.--The local educational agency 
     plan shall reflect the shared responsibility of the local 
     educational agency and schools in making decisions required 
     under sections 1114 and 1115.

     ``SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.

       ``(a) In General.--
       ``(1) In general.--A local educational agency shall use 
     funds received under this part only in eligible school 
     attendance areas.
       ``(2) Eligible school attendance areas.--For the purposes 
     of this part--
       ``(A) the term `school attendance area' means, in relation 
     to a particular school, the geographical area in which the 
     children who are normally served by that school reside; and
       ``(B) the term `eligible school attendance area' means a 
     school attendance area in which the percentage of children 
     from low-income families is equal to or greater than the 
     percentage of children--
       ``(i) from low-income families served by the local 
     educational agency as a whole; or
       ``(ii) served by the local educational agency as a whole 
     who are eligible to participate in a schoolwide program under 
     section 1114.
       ``(3) Serving schools in rank order.--Each local 
     educational agency receiving assistance under this part 
     shall--
       ``(A) first serve in rank order schools in which the 
     concentration of children from low-income families is 75 
     percent or greater;
       ``(B) then serve in rank order schools in which such 
     concentration is at least 50 percent and less than 75 percent 
     with rank order determined at the discretion of the local 
     education agency according to grade span or school; and
       ``(C) finally serve in rank order schools in which such 
     concentration is below 50 percent with rank order determined 
     according to grade span or by school.
       ``(4) Measures.--The local educational agency shall use the 
     same measure of low-income, which such agency shall choose on 
     the basis of the best available verifiable data and which may 
     be a composite of several indicators, with respect to all 
     school attendance areas in the local educational agency to--
       ``(A) identify eligible school attendance areas;
       ``(B) determine the ranking of each such area; and
       ``(C) determine allocations under subsection (c).
       ``(b) Local Educational Agency Discretion.--Notwithstanding 
     subsection (a)(1), a local educational agency may use funds 
     received under this part in a school that is not in an 
     eligible school attendance area, if the percentage of 
     children from low-income families enrolled in the school is 
     equal to or greater than the percentage of such children in a 
     participating school attendance area of such agency.
       ``(c) Allocations.--
       ``(1) In general.--A local educational agency shall 
     allocate funds received under this part to eligible school 
     attendance areas or eligible schools--
       ``(A) identified under subsection (a)(3)(A), in rank order, 
     on the basis of the total number of children from low-income 
     families in each such area or school; and
       ``(B) identified under subparagraphs (B) and (C) of 
     subsection (a)(3) or under subsection (b), in rank order, on 
     the basis of the total number of children from low-income 
     families in grade levels served in each such area or school.
       ``(2) Special rule.--(A) Except as provided in subparagraph 
     (B), the per pupil amount of funds allocated to each school 
     attendance area or school under paragraph (1) shall be at 
     least 65 percent of the per pupil amount of funds a local 
     educational agency received for that year under the poverty 
     criterion described by the local educational agency in the 
     plan submitted under section 1112, except that this paragraph 
     shall not apply to a local educational agency that only 
     serves schools in which the percentage of such children is 50 
     percent or greater.
       ``(B) A local educational agency may reduce the amount of 
     funds allocated under subparagraph (A) for a school 
     attendance area or school by the amount of any supplemental 
     State and local funds expended in that school attendance area 
     or school for programs that meet the requirements of section 
     1114 or 1115.
       ``(3) Reservation.--A local educational agency shall 
     reserve such funds as are necessary under this part to 
     provide services comparable to those provided to children in 
     schools funded under this part to serve--
       ``(A) eligible homeless children who do not attend 
     participating schools, including providing educationally 
     related support services to children in shelters, where 
     appropriate; and
       ``(B) children living in local institutions for neglected 
     or delinquent children.
       ``(d) Inapplicability.--Subsections (a) and (c) shall not 
     apply--
       ``(1) to a local educational agency with a total enrollment 
     of less than 1,000 children, except that such agency shall 
     serve schools in rank order according to grade span or 
     school; or
       ``(2) to schools participating in desegregation programs 
     where the number of economically disadvantaged children is 
     equal to or greater than 100 or equal to or greater than 25 
     percent of such school's total student enrollment.

     ``SEC. 1114. SCHOOLWIDE PROGRAMS.

       ``(a) Use of Funds for Schoolwide Programs.--
       ``(1) In general.--A local educational agency may use funds 
     under this part, in combination with other Federal, State, 
     and local funds, in order to upgrade the entire educational 
     program in a school described in subparagraph (A) or (B) if, 
     for the initial year of the schoolwide program, the school 
     meets either of the following criteria:
       ``(A) The school serves an eligible school attendance area 
     in which at least 30 percent of the children--
       ``(i) are from low-income families; and
       ``(ii) are eligible for a free or reduced price lunch or 
     show evidence of poverty by other criteria, such as 
     eligibility under the aid to families with dependent children 
     program under part A of title IV of the Social Security Act.
       ``(B) At least 30 percent of the children enrolled in the 
     school are from families meeting the requirements of clauses 
     (i) and (ii) of subparagraph (A).
       ``(2) Identification.--(A) No school participating in a 
     schoolwide program shall be required to identify particular 
     children as eligible to participate in a schoolwide program 
     or to provide supplemental services to such children.
       ``(B) A school participating in a schoolwide program shall 
     use funds available to carry out this section only to 
     supplement the amount of funds that would, in the absence of 
     funds under this part, be made available from non-Federal 
     sources for the school, including funds needed to provide 
     services that are required by law for children with 
     disabilities and children with limited-English proficiency.
       ``(3) Special rule.--(A) Notwithstanding any other 
     provision of law, a school participating in a schoolwide 
     program may use funds received under any noncompetitive, 
     formula-grant program administered by the Secretary, or any 
     discretionary program contained on a list, updated as 
     necessary, issued by the Secretary (other than any such 
     program under the Individuals with Disabilities Education 
     Act) to support a schoolwide program if the underlying intent 
     and purposes of such program are met.
       ``(B) A school that uses funds from the programs described 
     in subparagraph (A) in accordance with such subparagraph 
     shall not be relieved of the requirements relating to health, 
     safety, civil rights, maintenance of effort, comparability of 
     services, services for the participation of children enrolled 
     in private schools, parental involvement, or the distribution 
     of funds to State or local educational agencies that apply to 
     the receipt of funds under such programs.
       ``(4) Reservation.--Each school receiving funds under this 
     title for any fiscal year shall use not less than 10 percent 
     of such funds to carry out the activities described in 
     subsection (b)(1)(D) for such fiscal year, except that--
       ``(A) a school may enter into a consortium with another 
     school to carry out such activities; and
       ``(B) this paragraph shall not apply to a school if 10 
     percent of the funds such school receives under this title 
     for such year is less than $5,000.
       ``(b) Components of a Schoolwide Program.--
       ``(1) In general.--A schoolwide program shall include the 
     following components:
       ``(A) A comprehensive needs assessment of the entire school 
     that is based on information on the performance of children 
     in relation to the State content standards and the State 
     student performance standards described in section 
     1111(b)(1).
       ``(B) Schoolwide reform strategies that--
       ``(i) provide opportunities for all children to meet the 
     State's proficient and advanced levels of performance 
     described in section 1111(b)(1)(A);
       ``(ii) are based on effective means of improving the 
     achievement of children;
       ``(iii) use effective instructional strategies that--

       ``(I) increase the amount and quality of learning time; and
       ``(II) help provide an enriched and accelerated curriculum;

       ``(iv)(I) address the needs of all children in the school, 
     but particularly the needs of economically disadvantaged 
     children, low-achieving children, children with limited-
     English proficiency, children with disabilities, children 
     from migratory families, and children who are members of the 
     target population of any program that is included in the 
     schoolwide program, which may include--

       ``(aa) counseling, pupil services, and mentoring services;
       ``(bb) college and career awareness and preparation, such 
     as college and career guidance, enhancement of employability 
     skills, and job placement services;
       ``(cc) services to prepare students for the transition from 
     school to work;
       ``(dd) services to assist preschool children in the 
     transition from early childhood programs to elementary school 
     programs;
       ``(ee) incorporation of gender-equitable methods and 
     practices; and
       ``(ff) after school and summer programs; and

       ``(II) address how the school will determine if such needs 
     have been met; and
       ``(v) are consistent with, and are designed to implement, 
     the State and local improvement plans, if any, approved under 
     title III of the Goals 2000: Educate America Act.
       ``(C)(i) Instruction by highly qualified professional 
     staff.
       ``(ii) If a school uses funds received under this part to 
     employ instructional aides, the school shall ensure that such 
     aides--
       ``(I) possess the knowledge and skills sufficient to assist 
     participating children in meeting the educational goals of 
     this part;
       ``(II) have a secondary school diploma or its recognized 
     equivalent, or earn such diploma or equivalent within 2 years 
     of such employment, except that a school may employ an 
     instructional aide that does not meet the requirement of this 
     subclause if such aide possesses proficiency in a language 
     other than English that is needed to enhance the 
     participation of children in programs under this part; and
       ``(III) are under the direct supervision of a teacher who 
     has primary responsibility for providing instructional 
     services to eligible children.
       ``(D) In accordance with subsection (a)(4), ongoing 
     professional development for teachers, pupil services 
     personnel, parents, principals, and other staff to enable all 
     children in the school to meet the State's student 
     performance standards.
       ``(E) Parental involvement in accordance with section 1116.
       ``(F) Development and use of teacher selected assessments 
     as described in section 1112(b)(1)(A)(ii) for providing 
     information on and improving the performance of individual 
     students and the overall instructional program.
       ``(G) Measures to ensure that students who experience 
     difficulty mastering any of the standards required by section 
     1111(b) during the course of the school year shall be 
     provided with effective, timely additional assistance, which 
     shall include--
       ``(i) measures to ensure that students' difficulties are 
     identified on a timely basis and to provide sufficient 
     information on which to base effective assistance;
       ``(ii) to the extent the school determines feasible using 
     funds under this part, periodic training for teachers in how 
     to identify such difficulties and to provide assistance to 
     individual students; and
       ``(iii) for any student who has not met such standards, 
     teacher-parent conferences, at which time the teacher and 
     parents shall discuss--

       ``(I) what the school will do to help the student meet such 
     standards;
       ``(II) what the parents can do to help the student improve 
     the student's performance; and

       ``(III) additional assistance which may be available to the 
     student at the school or elsewhere in the community.

       ``(2) Plan.--(A) Any eligible school that desires to 
     operate a schoolwide program shall first develop (or amend a 
     plan for such a program that was in existence before the date 
     of enactment of the Improving America's Schools Act of 1994), 
     in consultation with the local educational agency, a 
     comprehensive plan for reforming the total instructional 
     program in the school that--
       ``(i) incorporates the components described in paragraph 
     (1);
       ``(ii) describes how the school will use resources under 
     this part and from other sources to implement those 
     components;
       ``(iii) includes a list of State and local educational 
     agency programs and other Federal programs under paragraph 
     (a)(3) that will be included in the schoolwide program;
       ``(iv) describes how the school will provide valid and 
     reliable individual student assessment results, including an 
     interpretation of those results, to the parents of any child 
     who participates in the assessment required by section 
     1111(b)(3); and
       ``(v) provides for statistically reliable data on the 
     achievement and assessment results of economically 
     disadvantaged children disaggregated by gender, major ethnic 
     or racial groups, children with disabilities, and, where 
     appropriate, limited-English proficient children.
       ``(B) Plans developed before a State has adopted standards 
     and a set of assessments that meet the criteria described in 
     paragraphs (1) and (3) of section 1111(b) shall be based on 
     an analysis of available data on the achievement of students 
     in the school and effective instructional and school 
     improvement practices.
       ``(C) The comprehensive plan shall be--
       ``(i) developed over a one-year period, unless--
       ``(I) the local educational agency determines that less 
     time is needed to develop and implement the schoolwide 
     program; or
       ``(II) the school is operating a schoolwide program on the 
     day preceding the date of enactment of the Improving 
     America's Schools Act of 1994, in which case such school may 
     continue to operate that program, but shall develop a new 
     plan during the first year of assistance under such Act to 
     reflect the provisions of this section;
       ``(ii) developed by a school-site council composed of those 
     individuals who will implement the plan, including teachers, 
     pupil services personnel, parents, principals, and other 
     staff;
       ``(iii) in effect for the duration of the school's 
     participation under this part and reviewed and revised, as 
     necessary, by the school; and
       ``(iv) available to the local educational agency, parents, 
     and the public, and the information contained in such plan 
     shall be translated, to the extent feasible, into any 
     language that a significant percentage of the parents of 
     participating children in the school speak as their primary 
     language.

     ``SEC. 1115. TARGETED ASSISTANCE SCHOOLS.

       ``(a) In General.--In all schools selected to receive funds 
     under section 1113(c) that are ineligible for a schoolwide 
     program under section 1114, or that choose not to operate 
     such a schoolwide program, a local educational agency may use 
     funds received under this part only for programs that provide 
     services to economically disadvantaged children identified by 
     teachers, in consultation with parents, administrators, and 
     pupil services personnel, as having the greatest academic 
     need for special assistance.
       ``(b) Eligible Children.--
       ``(1) Eligible population.--A child shall be eligible for 
     services under this part if--
       ``(A) except as provided in subparagraphs (B), (C), and 
     (D), the school serving such child determines that such child 
     is economically disadvantaged, and such child--
       ``(i)(I) is not older than age 21 and is entitled to a free 
     public education through grade 12; and
       ``(II) is not yet at a grade level where the local 
     educational agency provides a free public education, yet is 
     of an age at which such child can benefit from an organized 
     instructional program provided in a school or other 
     educational setting; or
       ``(ii) is a child with a disability, a limited-English 
     proficient child, or a migrant child;
       ``(B) the child, at any time in the two years preceding the 
     year for which the determination is made, received services 
     under the program for neglected and delinquent children under 
     part E (or its predecessor authority);
       ``(C) the child is homeless and attending any school in the 
     local educational agency; and
       ``(D) the child, at any time in the two years preceding the 
     year for which the determination is made, participated in a 
     Head Start or Even Start program.
       ``(2) Special rule.--Funds received under this part may not 
     be used to provide services that are otherwise required by 
     law to be made available to children described in 
     subparagraphs (B), (C), and (D) of paragraph (1) but may be 
     used to coordinate or supplement such services.
       ``(c) Components of a Targeted Assistance School Program.--
       ``(1) In general.--To assist targeted assistance schools 
     and local educational agencies to meet their responsibility 
     to provide for all their students served under this part the 
     opportunity to meet the State's student performance standards 
     in subjects as determined by the State, each targeted 
     assistance program under this section shall--
       ``(A) use such program's resources under this part to help 
     participating children meet such State student performance 
     standards expected for all children;
       ``(B) be based on effective means for improving achievement 
     of children;
       ``(C) ensure that planning for students served under this 
     part is incorporated into existing school planning;
       ``(D) use effective instructional strategies that--
       ``(i) increase the amount and quality of learning time;
       ``(ii) help provide an accelerated, high-quality 
     curriculum; and
       ``(iii) minimize isolating eligible children from other 
     children in the school during regular school hours;
       ``(E) coordinate with and support the regular education 
     program, which may include--
       ``(i) counseling, mentoring and other pupil services;
       ``(ii) college and career awareness and preparation, such 
     as college and career guidance, enhancement of employability 
     skills, and job placement services;
       ``(iii) services to prepare students for the transition 
     from school to work; and
       ``(iv) services to assist preschool children in the 
     transition from early childhood programs to elementary school 
     programs;
       ``(F) provide instruction by highly qualified staff;
       ``(G) if such program employs instructional aides, ensure 
     that such aides--
       ``(i) possess the knowledge and skills sufficient to assist 
     participating children in meeting the purposes of this title;
       ``(ii) have a secondary school diploma or its recognized 
     equivalent, or earn such diploma or equivalent within 2 years 
     of such employment, except that an instructional aide that 
     does not meet the requirement of this clause may be employed 
     if such aide possesses proficiency in a language other than 
     English that is needed to enhance the participation of 
     children in programs under this part; and
       ``(iii) are under the direct supervision of a teacher who 
     has primary responsibility for providing instructional 
     services to eligible children;
       ``(H) in accordance with subsection (d)(2), provide 
     opportunities for ongoing professional development to the 
     extent the school determines feasible with resources provided 
     under this part and from other sources for administrators and 
     for teachers and other school staff who work with 
     participating children in programs under this section or in 
     the regular education program; and
       ``(I) provide opportunities for parental involvement in 
     accordance with section 1116.
       ``(2) Requirements.--Each school conducting a program under 
     this section shall assist participating children selected in 
     accordance with subsection (b) to meet the State's proficient 
     and advanced levels of performance by--
       ``(A) the coordination of resources provided under this 
     part with other resources to enable the children served to 
     meet the State content standards and State student 
     performance standards; and
       ``(B) providing individual student assessment results, 
     including an interpretation of those results, to the parents 
     of any child who participates in the assessment required by 
     section 1111(b)(3).
       ``(d) Special Rules.--
       ``(1) Comprehensive services.--If health, nutrition, and 
     other social services are not otherwise available to eligible 
     children in a targeted assistance school and such school, if 
     appropriate, has engaged in a comprehensive needs assessment 
     and established a collaborative partnership with local 
     service providers, and if funds are not reasonably available 
     from other public or private sources to provide services 
     under this part, then funds provided under this part may be 
     used as a last resort to provide such services, including--
       ``(A) the provision of basic medical equipment, such as 
     eyeglasses and hearing aids;
       ``(B) compensation of a coordinator; and
       ``(C) professional development for teachers, pupil services 
     personnel, other staff, and parents in identifying and 
     meeting the comprehensive needs of eligible children.
       ``(2) Reservation.--Each school receiving funds under this 
     title for any fiscal year shall use not less than 10 percent 
     of such funds to carry out the activities described in 
     subsection (c)(1)(G) for such fiscal year, except that--
       ``(A) a school may enter into a consortium with another 
     school to carry out such activities; and
       ``(B) this paragraph shall not apply to a school if 10 
     percent of the funds such school receives under this title 
     for such year is less than $5,000.
       ``(e) Assignment of Personnel.--To promote the integration 
     of staff supported with funds under this part and children 
     served under this part into the regular school program and 
     overall school planning and improvement efforts, public 
     school personnel who are paid with funds received under this 
     part may--
       ``(1) assume limited duties that are assigned to similar 
     personnel who are not so paid, including duties beyond 
     classroom instruction or that do not benefit participating 
     children so long as the amount of time spent on such duties 
     is the same proportion of total work time as prevails with 
     respect to similar personnel at the same school;
       ``(2) participate in general professional development and 
     school planning activities; and
       ``(3) collaboratively teach with regular classroom 
     teachers, so long as their efforts directly benefit 
     participating children.
       ``(f) Special Rule.--Nothing in this section shall be 
     construed to prohibit a school from serving students served 
     under this section simultaneously with students with similar 
     educational needs, in the same educational settings where 
     appropriate.

     ``SEC. 1116. PARENTAL INVOLVEMENT.

       ``(a) Local Educational Agency Policy.--
       ``(1) In general.--Each local educational agency that 
     receives funds under this part shall develop jointly with, 
     agree upon with, and distribute to, parents of participating 
     children a written parent involvement policy that is 
     incorporated into the local educational agency's plan 
     developed under section 1112, establishes the expectations 
     for parent involvement, and describes how the local 
     educational agency will--
       ``(A) involve parents in the joint development and approval 
     of the plan described under section 1112, and the process of 
     school review and improvement described under section 1118;
       ``(B) provide the coordination, technical assistance, and 
     other support necessary to assist participating schools in 
     planning and implementing effective parent involvement;
       ``(C) build the schools' and parents' capacity for strong 
     parent involvement as described in subsection (e);
       ``(D) coordinate and integrate parent involvement 
     strategies described in this part with those under other 
     programs; and
       ``(E) ensure that participating schools--
       ``(i) review the effectiveness of their parent involvement 
     activities on an ongoing basis;
       ``(ii) identify and take steps to remove any barriers to 
     greater parental involvement, including barriers resulting in 
     lower rates of participation in the parent involvement 
     activities by parents who are economically disadvantaged, are 
     disabled, have limited literacy, have limited-English 
     proficiency, or are from any racial or ethnic minority 
     background; and
       ``(iii) use the findings of such reviews in--

       ``(I) designing strategies for school improvement; and
       ``(II) revising, if necessary, the parent involvement 
     policies described in this subsection and subsection (b)(1).

       ``(2) Amendment.--If the local educational agency has a 
     school district-level parental involvement policy that 
     applies to all parents, such agency may amend that policy, if 
     necessary, to meet the requirements of this subsection.
       ``(b) School Parental Involvement Policy.--
       ``(1) In general.--Each school served under this part shall 
     jointly develop with, and distribute to, parents of 
     participating children a written parent involvement policy, 
     agreed upon by such parents, that shall describe the means 
     for carrying out the requirements of subsections (c) through 
     (f). Such policy shall be updated periodically to meet the 
     changing needs of parents and the school.
       ``(2) Special rule.--If the school has a parental 
     involvement policy that applies to all parents, such school 
     may amend that policy, if necessary, to meet the requirements 
     of this subsection.
       ``(c) Policy Involvement.--Each school served under this 
     part shall--
       ``(1) convene an annual meeting, at a convenient time, to 
     which all parents of participating children shall be invited 
     and encouraged to attend, to inform parents of their school's 
     participation under this part and to explain this part, its 
     requirements, and their right to be involved;
       ``(2) offer a flexible number of meetings, such as meetings 
     in the morning or evening, and may provide, with funds 
     provided under this part, transportation, child care, or home 
     visits, as such services relate to parental involvement;
       ``(3) involve parents, in an organized, ongoing, and timely 
     way, in the planning, review, and improvement of programs 
     under this part, including the school parental involvement 
     policy and the joint development and approval of the 
     schoolwide program plan under section 1114(b), except that if 
     a school has in place a process for involving parents in the 
     joint planning, design, and approval of its programs, the 
     school may use that process, provided that such process 
     includes an adequate representation of parents of 
     participating children; and
       ``(4) provide parents of participating children--
       ``(A) timely information about programs under this part;
       ``(B) school performance profiles required under section 
     1118(a)(3);
       ``(C) a description and explanation of the curriculum in 
     use at the school, the forms of assessment used to measure 
     student progress, and the proficiency levels students are 
     expected to meet;
       ``(D) opportunities for regular meetings to formulate 
     suggestions, share experiences with other parents, and 
     participate as appropriate in decisions relating to the 
     education of their children if such parents so desire; and
       ``(E) timely responses to the suggestions described in 
     subparagraph (E).
       ``(d) Shared Responsibilities for High Student 
     Performance.--As a component of the school-level parental 
     involvement policy developed under subsection (b), each 
     school served under this part shall jointly develop with 
     parents for all children served under this part a school-
     parent compact that outlines how parents, the entire school 
     staff, and students will share the responsibility for 
     improved student achievement and the means by which the 
     school and parents will build and develop a partnership to 
     help children achieve the State's high standards. Such 
     compact shall--
       ``(1) describe the school's responsibility to provide high-
     quality curriculum and instruction in a supportive and 
     effective learning environment that enables the children 
     served under this part to meet the State's student 
     performance standards, and the ways in which each parent will 
     be responsible for supporting their children's learning, such 
     as monitoring attendance, homework completion, television 
     watching, volunteering in their child's classroom, and 
     participating as appropriate in decisions relating to the 
     education of their children, and positive use of 
     extracurricular time; and
       ``(2) address the importance of communication between 
     teachers and parents on an ongoing basis through, at a 
     minimum--
       ``(A) parent-teacher conferences in elementary schools, at 
     least annually, during which the compact shall be discussed 
     as the compact relates to the individual child's achievement;
       ``(B) frequent reports to parents on their children's 
     progress; and
       ``(C) reasonable access to staff, opportunities to 
     volunteer and participate in their child's class, and 
     observation of classroom activities.
       ``(e) Building Capacity for Involvement.--To ensure 
     effective involvement of parents and to support a partnership 
     among the school, parents, and the community to improve 
     student achievement, each school and local educational agency 
     shall--
       ``(1) provide assistance to participating parents in such 
     areas as understanding the National Education Goals, the 
     State's content standards and State student performance 
     standards, State and local assessments, the requirements of 
     this part, and how to monitor their children's progress and 
     work with educators to improve the performance of their 
     children as well as information on how parents can 
     participate in decisions relating to the education of their 
     children;
       ``(2) provide materials and training, such as necessary 
     literacy training that is not otherwise available from other 
     sources to help parents work with their children to improve 
     their children's achievement;
       ``(3) educate teachers, pupil services personnel, 
     principals and other staff, with the assistance of parents, 
     in the value and utility of contributions of parents, and in 
     how to reach out to, communicate with, and work with parents 
     as equal partners, implement and coordinate parent programs, 
     and build ties between home and school;
       ``(4) coordinate and integrate parent involvement programs 
     and activities with Head Start, Even Start, and public 
     preschool programs, to the extent feasible;
       ``(5) other activities, as appropriate and feasible, such 
     as parent resource centers, designed to help parents become 
     full partners in the education of their children; and
       ``(6) provide such other reasonable support for parental 
     involvement activities under this section as parents may 
     request.
       ``(f) Parental Information and Resource Centers.--In States 
     where parental information and resource centers have been 
     established pursuant to section 401 of the Goals 2000: 
     Educate America Act of 1994 (to providing training, 
     information, and support to parents and individuals who work 
     with parents) local educational agencies and schools 
     receiving assistance under this part shall assist parents and 
     parent organizations by informing such parents and 
     organizations of the existence and purpose of such centers, 
     providing such parents and organizations with a description 
     of the services and programs provided by such centers, 
     advising parents on how to use such centers, and helping 
     parents to contact such centers.
       ``(g) Accessibility.--In carrying out the parental 
     involvement requirements of this part, local educational 
     agencies and schools, to the extent practicable, shall 
     provide full opportunities for the participation of parents 
     with limited-English proficiency or with disabilities, 
     including providing information and school profiles in a 
     language and form such parents understand.

     ``SEC. 1117. PARTICIPATION OF CHILDREN ENROLLED IN PRIVATE 
                   SCHOOLS.

       ``(a) General Requirement.--
       ``(1) In general.--To the extent consistent with the number 
     of eligible children identified according to section 1115(b) 
     in a local educational agency who are enrolled in private 
     elementary and secondary schools, a local educational agency 
     shall, after timely and meaningful consultation with 
     appropriate private school officials, provide such children, 
     on an equitable basis, special educational services or other 
     benefits under this part.
       ``(2) Secular, neutral, nonideological.--Such educational 
     services or other benefits, including materials and 
     equipment, must be secular, neutral, and nonideological.
       ``(3) Equity.--Educational services and other benefits for 
     such private school children shall be equitable in comparison 
     to services and other benefits for public school children 
     participating under this part.
       ``(4) Expenditures.--Expenditures for educational services 
     and other benefits to eligible private school children shall 
     be equal to the proportion of funds allocated to 
     participating school attendance areas based on the number of 
     children from low-income families who attend private schools.
       ``(5) Provision of services.--The local educational agency 
     may provide such services directly or through contracts with 
     public and private agencies, organizations, and institutions.
       ``(b) Consultation.--
       ``(1) In general.--To ensure timely and meaningful 
     consultation, a local educational agency shall consult with 
     appropriate private school officials during the design and 
     development of the agency's programs under this part, on 
     issues such as--
       ``(A) how the children's needs will be identified;
       ``(B) what services will be offered;
       ``(C) how and where the services will be provided; and
       ``(D) how the services will be assessed.
       ``(2) Timing.-- Such consultation shall occur before the 
     local educational agency makes any decision that affects the 
     opportunities of eligible private school children to 
     participate in programs under this part.
       ``(3) Discussion.--Such consultation shall include a 
     discussion of service delivery mechanisms a local educational 
     agency can use to provide equitable services to eligible 
     private school children.
       ``(c) Public Control of Funds.--
       ``(1) In general.--The control of funds provided under this 
     part, and title to materials, equipment, and property 
     purchased with those funds, shall be in a public agency, and 
     a public agency shall administer such funds and property.
       ``(2) Provision of services.--(A) The provision of services 
     under this section shall be provided--
       ``(i) by employees of a public agency; or
       ``(ii) through contract by such public agency with an 
     individual, association, agency, or organization.
       ``(B) In the provision of such services, such employee, 
     person, association, agency, or organization shall be 
     independent of such private school and of any religious 
     organization, and such employment or contract shall be under 
     the control and supervision of such public agency.
       ``(3) Verifiable documentation.--An official of each 
     private school assisted under this part shall provide to the 
     local educational agency the verifiable documentation 
     necessary to determine the proportionate allocation amount 
     under subsection (a)(4) on which the provision of equitable 
     services under this section will be based.
       ``(d) Standards for a Bypass.--If a local educational 
     agency is prohibited by law from providing for the 
     participation on an equitable basis of eligible children 
     enrolled in private elementary and secondary schools or if 
     the Secretary determines that a local educational agency has 
     substantially failed or is unwilling to provide for such 
     participation, as required by this section, the Secretary 
     shall--
       ``(1) waive the requirements of this section for such local 
     educational agency; and
       ``(2) arrange for the provision of services to such 
     children through arrangements that shall be subject to the 
     requirements of this section and sections 10505 and 10506.
       ``(e) Capital Expenses.--
       ``(1) In general.--(A) From the amount appropriated for 
     this subsection under section 1002(e) for any fiscal year, 
     each State is eligible to receive an amount that bears the 
     same ratio to the amount so appropriated as the number of 
     private school children who received services under this part 
     in the State in the most recent year for which data 
     satisfactory to the Secretary are available bears to the 
     number of such children in all States in that same year.
       ``(B) The Secretary shall reallocate any amounts allocated 
     under subparagraph (A) that are not used by a State for the 
     purpose of this subsection to other States on the basis of 
     their respective needs, as determined by the Secretary.
       ``(2) Capital expenses.--(A) A local educational agency may 
     apply to the State educational agency for payments for 
     capital expenses consistent with this subsection.
       ``(B) State educational agencies shall distribute such 
     funds under this subsection to local educational agencies 
     based on the degree of need set forth in their respective 
     applications for assistance under this subsection.
       ``(3) Uses of funds.--Any funds appropriated to carry out 
     this subsection shall be used only for capital expenses 
     incurred to provide equitable services for private school 
     children under this section.
       ``(4) Definition.--For the purpose of this subsection, the 
     term `capital expenses' means--
       ``(A) expenditures for noninstructional goods and services, 
     such as the purchase, lease, or renovation of real and 
     personal property, including mobile educational units and 
     leasing of neutral sites or spaces;
       ``(B) insurance and maintenance costs;
       ``(C) transportation; and
       ``(D) other comparable goods and services.

     ``SEC. 1118. ASSESSMENT AND LOCAL EDUCATIONAL AGENCY AND 
                   SCHOOL IMPROVEMENT.

       ``(a) Local Review.--Each local educational agency 
     receiving funds under this part shall--
       ``(1) use the State assessments described in the State 
     plan;
       ``(2) use any additional measures or indicators described 
     in the local educational agency's plan to review annually the 
     progress of each school served under this part to determine 
     whether the school is meeting, or making adequate progress as 
     defined in section 1111(b)(2)(A)(i) toward enabling its 
     students to meet the State's student performance standards 
     described in the State plan;
       ``(3) publicize and disseminate to teachers and other 
     staff, parents, students, and the community the results of 
     the annual review under paragraph (1) of all schools served 
     under this part in individual school performance profiles 
     that include disaggregated results as required by section 
     1111(b)(3)(F); and
       ``(4) provide the results of the local annual review to 
     schools so that the local educational agency can continually 
     refine the program of instruction to help all children served 
     under this part in those schools meet the State's student 
     performance standards.
       ``(b) School Improvement.--
       ``(1) In general.--(A) A local educational agency shall 
     identify for school improvement any school served under this 
     part that--
       ``(i) has been in program improvement under section 1020 of 
     the Elementary and Secondary Education Act of 1965 (as such 
     section was in effect on the day preceding the date of 
     enactment of the Improving America's Schools Act of 1994), 
     for at least two consecutive school years prior to such day;
       ``(ii) has not made adequate progress as defined in the 
     State's plan under section 1111(b)(2)(A)(i) for two 
     consecutive school years, except that--
       ``(I) this subparagraph shall not apply to a school if 
     almost every student in such school is meeting the State's 
     advanced level of performance; or
       ``(II) in the case of a school that is not operating a 
     schoolwide program such school may be reviewed on the 
     progress of only those students that have been, are, or will 
     be, served under this part; or
       ``(iii) has failed to meet the criteria established by the 
     State through the State's transitional procedure under 
     section 1111(b)(5)(C) for two consecutive years.
       ``(B) Before identifying a school for school improvement 
     under paragraph (1), the local educational agency shall 
     provide the school with an opportunity to review the school-
     level data, including assessment data, on which such 
     identification is based. If the school believes that such 
     identification for school improvement is in error, such 
     school may provide evidence to the local educational agency 
     to support such belief.
       ``(2) Requirement.--(A) Each school identified under 
     paragraph (1) shall--
       ``(i) in consultation with parents, the local educational 
     agency, and the school support team, develop or revise a 
     school plan in ways that have the greatest likelihood of 
     improving the performance of participating children in 
     meeting the State's student performance standards; and
       ``(ii) submit the plan to the local educational agency for 
     approval.
       ``(B) During the first year immediately following 
     identification under paragraph (1), the school shall 
     implement such school's plan.
       ``(3) Technical assistance.--For each school identified 
     under paragraph (1), the local educational agency shall 
     provide technical assistance as the school develops and 
     implements such school's plan.
       ``(4) Corrective action.--(A) The local educational agency 
     may take corrective action at any time against a school that 
     has been identified under paragraph (1), but, during the 
     third year following identification under paragraph (1), 
     shall take such action against any school that still fails to 
     make adequate progress.
       ``(B)(i) Corrective actions are those, consistent with 
     State and local law, determined and made public and 
     disseminated by the local educational agency, which may 
     include--
       ``(I) withholding funds;
       ``(II) an aggressive joint plan between the local 
     educational agency and the school that addresses specific 
     elements of student performance problems and that specifies 
     school and local responsibilities under the plan;
       ``(III) interagency collaborative agreements between the 
     school and other public agencies to provide health, 
     counseling, and other social services needed to remove 
     barriers to learning;
       ``(IV) waivers or modifications of requirements of local 
     educational agency policy or regulation that impede the 
     ability of the school to educate students;
       ``(V) revoking authority for a school to operate a 
     schoolwide program;
       ``(VI) decreasing decisionmaking authority at the school 
     level;
       ``(VII) making alternative governance arrangements such as 
     the creation of a public charter school;
       ``(VIII) reconstituting the school staff; and
       ``(IX) authorizing students to transfer, including 
     transportation costs, to other public schools served by the 
     local educational agency.
       ``(ii) Notwithstanding clause (i), corrective actions taken 
     pursuant to this part shall not include the actions described 
     in subclauses (I), (V), (VI), (VIII), (IX) of clause (i) 
     until the State has developed assessments that meet the 
     requirements of paragraph (3)(E) of section 1111(b).
       ``(C) Prior to implementing any corrective action, the 
     local educational agency may refrain from such corrective 
     action to the extent that the failure to make progress can be 
     attributed to extenuating circumstances, such as sudden and 
     significant reductions in Federal funding in a single year, 
     as determined by the Secretary.
       ``(5) State educational agency responsibilities.--The State 
     educational agency shall--
       ``(A) make assistance from school support teams and 
     distinguished educators under section 1119 available to the 
     schools farthest from meeting the State's student performance 
     standards, if requested by the local educational agency or 
     school; and
       ``(B) if such agency determines that a local educational 
     agency failed to carry out the local educational agency's 
     responsibilities under paragraphs (3) and (4), take such 
     corrective actions that the State educational agency deems 
     appropriate.
       ``(6) Special rule.--Schools that for at least two of the 
     three years following identification under paragraph (1) make 
     adequate progress toward meeting the State's proficient and 
     advanced levels of performance shall no longer need to be 
     identified for school improvement.
       ``(c) State Review and Local Educational Agency 
     Improvement.--
       ``(1) In general.--A State educational agency shall--
       ``(A) annually review the progress of each local 
     educational agency receiving funds under this part to 
     determine whether the local educational agency is making 
     adequate progress as defined in section 1111(b)(2)(A)(ii) 
     toward meeting the State's student performance standards; and
       ``(B) publicize and disseminate to local educational 
     agencies, teachers and other staff, parents, students, and 
     the community the results of the State review, including 
     disaggregated results, as required by section 1111(b)(3)(F).
       ``(2) Rewards.--In the case of a local educational agency 
     that for three consecutive years has exceeded the State's 
     definition of adequate progress as defined in section 
     1111(b)(2)(A)(ii), the State may make institutional and 
     individual rewards of the kinds described for individual 
     schools in paragraphs (2) and (3) of section 1119(b).
       ``(3) Identification.--(A) A State educational agency shall 
     identify for improvement any local educational agency that--
       ``(i) for two consecutive years, is not making adequate 
     progress as defined in section 1111(b)(2)(A)(ii) in schools 
     served under this part toward meeting the State's student 
     performance standards, except that schools served by the 
     local educational agency that are not operating schoolwide 
     programs may be reviewed on the basis of the progress of only 
     those students served under this part; or
       ``(ii) has failed to meet the criteria established by the 
     State through its transitional procedure under section 
     1111(b)(5)(C) for two consecutive years.
       ``(B) Before identifying a local educational agency for 
     improvement under paragraph (1), the State educational agency 
     shall provide the local educational agency with an 
     opportunity to review the school-level data, including 
     assessment data, on which such identification is based. If 
     the local educational agency believes that such 
     identification for improvement is in error, such local 
     educational agency may provide evidence to the State 
     educational agency to support such belief.
       ``(4) Local educational agency revisions.--Each local 
     educational agency identified under paragraph (3) shall, in 
     consultation with schools, parents, and educational experts, 
     revise its local educational agency plan under section 1112 
     in ways that have the greatest likelihood of improving the 
     performance of schools served by the local educational agency 
     in meeting the State's student performance standards.
       ``(5) State educational agency responsibilities.--For each 
     local educational agency identified under paragraph (3), the 
     State educational agency shall--
       ``(A) provide technical assistance to better enable the 
     local educational agency to develop and implement the local 
     educational agency's revised plan and work with schools 
     needing improvement; and
       ``(B) make available to the local educational agencies 
     farthest from meeting the State's standards, if requested, 
     assistance from school support teams and distinguished 
     educators under section 1119.
       ``(6) Corrective action.--(A) The State educational agency 
     may take corrective action at any time against a local 
     educational agency that has been identified under paragraph 
     (3), but, during the fourth year following identification 
     under paragraph (3), shall take such action against any local 
     educational agency that still fails to make adequate 
     progress.
       ``(B)(i) Corrective actions are those, consistent with 
     State law, determined and made public and disseminated by the 
     State educational agency, which may include--
       ``(I) the withholding of funds;
       ``(II) an aggressive joint plan between the State and local 
     educational agency that addresses specific elements of 
     student performance problems and that specifies State and 
     local responsibilities under the plan;
       ``(III) interagency collaborative agreements between the 
     local educational agency and other public agencies to provide 
     health, pupil services, and other social services needed to 
     remove barriers to learning;
       ``(IV) waivers or modification of requirements of State law 
     or regulation (in States in which such waivers are permitted) 
     that impede the ability of a local educational agency to 
     educate students;
       ``(V) reconstitution of school district personnel;
       ``(VI) appointment by the State educational agency of a 
     representative to implement, in conjunction with the local 
     educational agency, a program improvement plan;
       ``(VII) removal of particular schools from the jurisdiction 
     of the local educational agency and establishment of 
     alternative arrangements for the public governance and 
     supervision of such schools; and
       ``(VIII) authorizing students to transfer to another public 
     school, including the cost of transportation.
       ``(ii) Notwithstanding clause (i), corrective actions taken 
     pursuant to this part shall not include the actions described 
     in subclauses (I), (V), and (VII) of clause (i) until the 
     State has developed assessments that meet the requirements of 
     paragraph (3)(E) of section 1111(b).
       ``(C) Prior to implementing any corrective action, the 
     State educational agency shall provide due process, including 
     a hearing, to any local educational agency identified under 
     paragraph (3) and may refrain from such corrective action to 
     the extent that the failure to make progress can be 
     attributed to such extenuating circumstances as determined by 
     the Secretary.
       ``(7) Special rule.--Local educational agencies that for at 
     least two of the three years following identification under 
     paragraph (3) make adequate progress toward meeting the 
     State's standards no longer need to be identified for local 
     educational agency improvement.
       ``(d) Other Accountability Systems.--If a State has 
     developed an accountability system for all children that, in 
     the Secretary's judgment, is as rigorous as the system 
     required by this section and can serve as basis for the 
     accountability of programs under this part, then the 
     Secretary may deem such system as meeting the requirements of 
     this section.
       ``(e) Construction.--Nothing in this section shall be 
     construed to alter or otherwise affect the rights, remedies, 
     and procedures afforded school or school district employees 
     under Federal, State, or local laws (including applicable 
     regulations or court orders) or under the terms of collective 
     bargaining agreements, memoranda of understanding, or other 
     agreements between such employees and their employers.

     ``SEC. 1119. STATE ASSISTANCE FOR SCHOOLS SUPPORT AND 
                   IMPROVEMENT.

       ``(a) System for Support.--Each State educational agency 
     shall establish a statewide system of intensive and sustained 
     support and improvement for schools receiving funds under 
     this title, including all schoolwide programs and all schools 
     in need of program improvement.
       ``(b) Components.--The system, at a minimum, shall include 
     the following:
       ``(1) School support teams.--
       ``(A) Each State, in consultation with local educational 
     agencies and schools, shall establish a system of school 
     support teams to provide information and assistance to 
     schoolwide programs, or a school in which the number of 
     students in poverty is equal to or greater than 75 percent of 
     the total number of students enrolled in such school and such 
     school is identified as in need of improvement under section 
     1118(b)(1).
       ``(B) Each such team shall be composed of persons, 
     including teachers, pupil services personnel, representatives 
     of organizations knowledgeable about successful schoolwide 
     projects or comprehensive school reform, and other persons 
     who are knowledgeable about research and practice on teaching 
     and learning, particularly about strategies for improving the 
     educational opportunities for eligible children, such as 
     representatives of institutions of higher education, regional 
     educational laboratories or research centers, and outside 
     consultant groups.
       ``(C) A school support team shall work cooperatively with 
     each school and make recommendations as the school develops 
     its schoolwide program plan or school improvement plan, 
     review each plan, and make recommendations to the school and 
     the local educational agency.
       ``(D) During the operation of the schoolwide program or 
     during school improvement activities, a school support team 
     shall--
       ``(i) periodically review the progress of the school in 
     enabling children in the school to meet the State's 
     performance standards under this part;
       ``(ii) identify problems in the design and operation of the 
     instructional program; and
       ``(iii) make recommendations for improvement to the school 
     and the local educational agency.
       ``(E) Funds made available for State administration and, at 
     the discretion of the local educational agency, funds 
     available to local educational agencies under this part may 
     be used to pay the costs of the school support teams.
       ``(2) Distinguished schools.--(A) Each State shall 
     designate as a distinguished school--
       ``(i) any school served under this part that, for three 
     consecutive years, has exceeded the State's definition of 
     adequate progress as defined in section 1111(b)(2)(A)(i); and
       ``(ii) any school in which almost every student has met the 
     State's advanced level of performance.
       ``(B)(i) A State shall use funds available under section 
     1701(c) to recognize distinguished schools, including making 
     monetary awards.
       ``(ii) Funds awarded to a distinguished school may be used 
     by the school to further the school's educational program 
     under this part, provide additional incentives for continued 
     success, and reward individuals or groups in the school for 
     past performance.
       ``(C) A local educational agency may also recognize the 
     success of a distinguished school by providing additional 
     institutional and individual rewards, such as greater 
     decisionmaking authority at the school building level, 
     increased access to resources or supplemental services such 
     as summer programs that may be used to sustain or increase 
     success, additional professional development opportunities, 
     opportunities to participate in special projects, and 
     individual financial bonuses.
       ``(D) Schools designated as distinguished schools under 
     such subparagraph (A) may serve as models and provide 
     additional assistance to other schools served under this 
     part, especially schoolwide programs and schools in school 
     improvement, that are not making adequate progress.
       ``(3) Distinguished educators.--
       ``(A) In order to provide assistance to schools and local 
     educational agencies identified as needing improvement and 
     schools participating in schoolwide programs, each State, in 
     consultation with local educational agencies and using funds 
     available under section 1701(c), shall establish a corps of 
     distinguished educators.
       ``(B) When possible, distinguished educators shall be 
     chosen from schools served under this part that have been 
     especially successful in enabling children to meet or make 
     outstanding progress toward meeting the State's student 
     performance standards, such as the schools described in 
     paragraph (2).
       ``(C) Distinguished educators shall provide, as part of the 
     statewide system, intensive and sustained assistance to the 
     schools and local educational agencies furthest from meeting 
     the State's student performance standards and to schoolwide 
     programs as such programs develop and implement their plans, 
     including participation in the support teams described in 
     paragraph (1).
       ``(c) Implementation.--In order to implement this section, 
     funds made available under section 1701(c) may be used by a 
     State for release time for teachers and administrators, 
     travel, training, and other related costs.
       ``(d) Alternatives.--
       ``(1) In general.--The State may devise alternative or 
     additional approaches to providing the assistance described 
     in paragraphs (1) and (3) of subsection (b), such as 
     providing assistance through institutions of higher education 
     and educational service agencies or other local consortia and 
     may use funds authorized in section 1701(c) for such 
     approaches.
       ``(2) Inapplicability.--Paragraphs (1) and (3) of 
     subsection (b) shall not apply to a State educational agency 
     if such agency determines that a local educational agency or 
     school is receiving adequate technical assistance from a 
     source other than the State educational agency.

     ``SEC. 1120. FISCAL REQUIREMENTS.

       ``(a) Maintenance of Effort.--A local educational agency 
     may receive funds under this part for any fiscal year only if 
     the State educational agency finds that the local educational 
     agency has maintained its fiscal effort in accordance with 
     section 10501 of this Act.
       ``(b) Federal Funds To Supplement, Not Supplant, Non-
     Federal Funds.--
       ``(1) In general.--(A) Except as provided in subparagraph 
     (B), a State or local educational agency shall use funds 
     received under this part only to supplement the amount of 
     funds that would, in the absence of such Federal funds, be 
     made available from non-Federal sources for the education of 
     pupils participating in programs assisted under this part, 
     and not to supplant such funds.
       ``(B) For the purpose of complying with subparagraph (A), a 
     State or local educational agency may exclude supplemental 
     State and local funds expended in any eligible school 
     attendance area or school for programs that meet the 
     requirements of section 1114 or 1115.
       ``(2) Special rule.--No local educational agency shall be 
     required to provide services under this part through a 
     particular instructional method or in a particular 
     instructional setting in order to demonstrate such agency's 
     compliance with paragraph (1).
       ``(c) Comparability of Services.--
       ``(1) In general.--(A) Except as provided in paragraphs (4) 
     and (5), a local educational agency may receive funds under 
     this part only if State and local funds will be used in 
     schools served under this part to provide services that, 
     taken as a whole, are at least comparable to services in 
     schools that are not receiving funds under this part.
       ``(B) If the local educational agency is serving all of 
     such agency's schools under this part, such agency may 
     receive funds under this part only if such agency will use 
     State and local funds to provide services that, taken as a 
     whole, are substantially comparable in each school.
       ``(C) A local educational agency may meet the requirements 
     of subparagraphs (A) and (B) on a grade-span by grade-span 
     basis or a school-by-school basis.
       ``(2) Written assurance.--(A) A local educational agency 
     shall be considered to have met the requirements of paragraph 
     (1) if such agency has filed with the State educational 
     agency a written assurance that such agency has established 
     and implemented--
       ``(i) a local educational agency-wide salary schedule;
       ``(ii) a policy to ensure equivalence among schools in 
     teachers, administrators, and other staff; and
       ``(iii) a policy to ensure equivalence among schools in the 
     provision of curriculum materials and instructional supplies.
       ``(B) Unpredictable changes in student enrollment or 
     personnel assignments which occur after the beginning of a 
     school year shall not be included as a factor in determining 
     comparability of services.
       ``(C) A local educational agency need not include 
     unpredictable changes in student enrollment or personnel 
     assignments that occur after the beginning of a school year 
     in determining comparability of services under this 
     subsection.
       ``(3) Procedures and records.--Each local educational 
     agency shall--
       ``(A) develop procedures for compliance with this 
     subsection; and
       ``(B) maintain records that are updated biennially 
     documenting such agency's compliance with this subsection.
       ``(4) Inapplicability.--This subsection shall not apply to 
     a local educational agency that does not have more than one 
     building for each grade span.
       ``(5) Compliance.--For the purpose of determining 
     compliance with paragraph (1), a local educational agency may 
     exclude State and local funds expended for--
       ``(A) bilingual education for children of limited-English 
     proficiency; and
       ``(B) excessive costs of providing services to children 
     with disabilities as determined by the local educational 
     agency.

                        ``Subpart 2--Allocations

     ``SEC. 1121. GRANTS FOR THE OUTLYING AREAS AND THE SECRETARY 
                   OF THE INTERIOR.

       ``(a) Reservation of Funds.--From the amount appropriated 
     for payments to States for any fiscal year under section 
     1002(a), the Secretary shall reserve a total of 1 percent to 
     provide assistance to--
       ``(1) the outlying areas on the basis of their respective 
     need for such assistance according to such criteria as the 
     Secretary determines will best carry out the purpose of this 
     part; and
       ``(2) the Secretary of the Interior in the amount necessary 
     to make payments pursuant to subsection (c).
       ``(b) Assistance to the Outlying Areas.--
       ``(1) In general.--From amounts made available under 
     subsection (a)(1) in each fiscal year the Secretary shall 
     make grants to local educational agencies in the outlying 
     areas in accordance with recommendations from the Pacific 
     Regional Educational Laboratory which shall conduct a 
     competition for such grants.
       ``(2) Administrative costs.--The Secretary shall provide 5 
     percent of amounts made available for grants under this 
     paragraph in each fiscal year to the Pacific Regional 
     Educational Laboratory to pay the administrative costs of 
     such laboratory with respect to the activities under this 
     subsection.
       ``(c) Allotment to the Secretary of the Interior.--
       ``(1) In general.--The amount allotted for payments to the 
     Secretary of the Interior under subsection (a)(2) for any 
     fiscal year shall be, as determined pursuant to criteria 
     established by the Secretary, the amount necessary to meet 
     the special educational needs of--
       ``(A) Indian children on reservations served by elementary 
     and secondary schools for Indian children operated or 
     supported by the Department of the Interior; and
       ``(B) out-of-State Indian children in elementary and 
     secondary schools in local educational agencies under special 
     contracts with the Department of the Interior.
       ``(2) Payments.--From the amount allotted for payments to 
     the Secretary of the Interior under subsection (a)(2), the 
     Secretary of the Interior shall make payments to local 
     educational agencies, upon such terms as the Secretary 
     determines will best carry out the purposes of this part, 
     with respect to out-of-State Indian children described in 
     paragraph (1). The amount of such payment may not exceed, for 
     each such child, the greater of--
       ``(A) 40 percent of the average per pupil expenditure in 
     the State in which the agency is located; or
       ``(B) 46 percent of such expenditure in the United States.

     ``SEC. 1122. ALLOCATIONS TO STATES.

       ``(a) Adjustments Where Necessitated by Appropriations.--
       ``(1) In general.--If the sums made available under this 
     part for any fiscal year are insufficient to pay the full 
     amounts that all local educational agencies in all States are 
     eligible to receive under section 1123 for such year, the 
     Secretary first shall ratably reduce the allocations to such 
     local educational agencies for such year.
       ``(2) Additional funds.--If additional funds become 
     available for making payments under section 1123 for such 
     fiscal year, allocations that were reduced under paragraph 
     (1) shall be increased on the same basis as such allocations 
     were reduced.
       ``(b) Hold-Harmless Amounts.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     total amount made available to each State under section 
     1123--
       ``(A) for fiscal year 1995, shall not be less than 100 
     percent of the total amount such State received under 
     sections 1005 and 1006 (as such sections were in existence on 
     the day preceding the date of enactment of the Improving 
     America's Schools Act of 1994) for fiscal year 1994;
       ``(B) for fiscal year 1996, shall not be less than 90 
     percent of the total amount such State received under section 
     1123 for fiscal year 1995; and
       ``(C) for fiscal year 1997 and each succeeding fiscal year, 
     shall not be less than 85 percent of the total amount such 
     State received in the fiscal year preceding the fiscal year 
     for which the determination is made.
       ``(2) Ratable Reductions.--(A) If the sums made available 
     under this part for any fiscal year are insufficient to pay 
     the full amounts that all States are eligible to receive 
     under paragraph (1) for such year, the Secretary shall 
     ratably reduce such amounts for such year.
       ``(B) If additional funds become available for making 
     payments under paragraph (1) for such fiscal year, amounts 
     that were reduced under subparagraph (A) shall be increased 
     on the same basis as such amounts reduced.
       ``(c) Definition.--For the purpose of this section and 
     section 1123, the term State means each of the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico.

     ``SEC. 1123. GRANTS TO STATES.

       ``(a) Amount of Grants.--
       ``(1) In general.--(A) In any case in which the Secretary 
     determines that satisfactory data for local educational 
     agencies are available to carry out determinations under 
     paragraph (2), the grant which a State is eligible to receive 
     under this subpart for a fiscal year shall be the aggregate 
     amount of grants for all local educational agencies in that 
     State, as determined under paragraph (2).
       ``(B) In any case in which the Secretary determines that 
     satisfactory data for local educational agencies are not 
     available to carry out determinations under paragraph (2), 
     the grant which a State is eligible to receive for a fiscal 
     year shall be the aggregate amounts of grants for all 
     counties in that State, as determined under paragraph (2).
       ``(2) Grants for states.--(A)(i) The grant for a local 
     educational agency shall be determined by multiplying the 
     number of children determined under subsection (c)(2) by 40 
     percent of the amount determined under the next sentence, 
     multiplying such product by the effort factor described in 
     clause (ii) and multiplying such product by the equity factor 
     described in clause (iii). The amount determined under this 
     sentence shall be the average per pupil expenditure in the 
     State except that (I) if the average per pupil expenditure in 
     the State is less than 85 percent of the average per pupil 
     expenditure in the United States, such amount shall be 85 
     percent of the average per pupil expenditure in the United 
     States, or (II) if the average per pupil expenditure in the 
     State is more than 115 percent of the average per pupil 
     expenditure in the United States, such amount shall be 115 
     percent of the average per pupil expenditure in the United 
     States.
       ``(ii)(I) Except as provided in subclause (II), the effort 
     factor for a local educational agency shall be determined in 
     accordance with the succeeding sentence, except that such 
     factor shall not be less than .95 nor more than 1.05. The 
     effort factor determined under this sentence shall be a 
     fraction the numerator of which is the product of the average 
     per pupil expenditure for kindergarten through 12th grade 
     education in the State served by the local educational agency 
     multiplied by the per capita income in the United States and 
     the denominator of which is the product of the per capita 
     income in such State multiplied by the average per pupil 
     expenditure for kindergarten through 12th grade education in 
     the United States.
       ``(II) The effort factor for the Commonwealth of Puerto 
     Rico shall be equal to the lowest effort factor calculated 
     under subclause (I) for any State.
       ``(iii)(I) Except as provided in subclause (II), the equity 
     factor for a local educational agency shall be determined in 
     accordance with the succeeding sentence, except that such 
     factor shall not be less than .95 nor more than 1.05. The 
     equity factor determined under this sentence shall be 
     calculated as follows: First, calculate the difference 
     (expressed as a positive amount) between the average per 
     pupil expenditure in the State served by the local 
     educational agency and the average per pupil expenditure in 
     each local educational agency in the State and multiply such 
     difference by the total student enrollment for such agency, 
     except that children from low-income families shall be 
     multiplied by a factor of 1.4 to calculate such enrollment. 
     Second, add the products under the preceding sentence for 
     each local educational agency in such State and divide such 
     sum by the total student enrollment of such State, except 
     that children from low-income families shall be multiplied by 
     a factor of 1.4 to calculate such enrollment. Third, divide 
     the quotient under the preceding sentence by the average per 
     pupil expenditure in such State. If the final quotient 
     obtained under the preceding sentence is--
       ``(aa) .05 or less, then the equity factor is 1.05;
       ``(bb) greater than .05 and less than .15, then the equity 
     factor is equal to 1.10 minus such quotient; or
       ``(cc) .15 or greater, then the equity factor is .95.
       ``(II) The equity factor for a local educational agency 
     serving--
       ``(aa) the District of Columbia and the Commonwealth of 
     Puerto Rico shall be calculated so that there is no increase 
     or decrease in the District of Columbia's or the Commonwealth 
     of Puerto Rico's grant under this section by the application 
     of this clause;
       ``(bb) Hawaii shall be 1.05; and
       ``(cc) a State that meets the disparity standard described 
     in section 222.63 of title 34, Code of Federal Regulations 
     (as such section was in effect on the day preceding the date 
     of enactment of the Improving America's Schools Act of 1994), 
     shall be not less than 1.00.
       ``(B) For each fiscal year, the Secretary shall determine 
     the percentage which the average per pupil expenditure in the 
     Commonwealth of Puerto Rico is of the lowest average per 
     pupil expenditure of any of the 50 States. The grant which 
     the Commonwealth of Puerto Rico shall be eligible to receive 
     under this subpart for a fiscal year shall be determined by 
     multiplying the product of the effort factor for the 
     Commonwealth of Puerto Rico under subparagraph (A)(ii)(II) 
     for such year multiplied by the equity factor for the 
     Commonwealth of Puerto Rico under subparagraph 
     (A)(iii)(II)(aa) for such year by the amount arrived at by 
     multiplying the number of children counted under subsection 
     (c) for the Commonwealth of Puerto Rico by the product of--
       ``(i) the percentage determined under the preceding 
     sentence for such year; and
       ``(ii) 32 percent of the average per pupil expenditure in 
     the United States for such year.
       ``(b) Minimum Number of Children To Qualify.--The children 
     served by a local educational agency shall be counted for a 
     fiscal year under this subpart only if such agency meets the 
     following requirements with respect to the number of children 
     counted under subsection (c)(1):
       ``(1) In any case (except as provided in paragraph (3)) in 
     which the Secretary determines that satisfactory data for the 
     purpose of this subsection as to the number of such children 
     are available on a school district basis, the number of such 
     children in the school district of such local educational 
     agency shall be at least 10.
       ``(2) In any other case, except as provided in paragraph 
     (3), the number of such children in the county which includes 
     such local educational agency's school district shall be at 
     least 10.
       ``(3) In any case in which a county includes a part of the 
     school district of the local educational agency concerned and 
     the Secretary has not determined that satisfactory data for 
     the purpose of this subsection are available on a school 
     district basis for all the local educational agencies or all 
     the counties into which the school district of the local 
     educational agency concerned extends, the eligibility 
     requirement with respect to the number of such children for 
     such local educational agency shall be determined in 
     accordance with regulations prescribed by the Secretary for 
     the purposes of this subsection.
       ``(c) Determination of Weighted Number of Children.--
       ``(1) Children to be counted.--(A) The number of children 
     to be counted for purposes of this section is the aggregate 
     of--
       ``(i) the number of children aged 5 to 17, inclusive, in 
     the school district of the local educational agency from 
     families below the poverty level; and
       ``(ii) the number of children aged 5 to 17, inclusive, in 
     the school district of such agency living in institutions for 
     neglected or delinquent children (other than such 
     institutions operated by the United States) but not counted 
     pursuant to subpart 3 of part E for the purposes of a grant 
     to a State agency, or being supported in foster homes with 
     public funds.
       ``(B) For the purposes of this section, the Secretary shall 
     determine the number of children counted under subparagraph 
     (A) on the basis of the most recent satisfactory data 
     available from the Department of Commerce for local 
     educational agencies (or, if such data are not available for 
     such agencies, for counties); and in determining the families 
     which are below the poverty level, the Secretary shall 
     utilize the criteria of poverty used by the Bureau of the 
     Census in compiling the most recent decennial census.
       ``(2) Determination of number of children.--(A) The number 
     of children to be determined for purposes of this paragraph 
     shall be the number of children counted under paragraph (1) 
     multiplied by the weighting factor for the local educational 
     agency. The weighting factor shall be established on the 
     basis of the percentage that the number of children counted 
     under paragraph (1) represents of the total population aged 5 
     to 17, inclusive, in the local educational agency or the 
     number of such children. Weighted pupil counts shall be 
     calculated based upon both percentage and number and the 
     larger of the two counts shall be used in calculating grants 
     for each local educational agency. Except as provided in 
     subparagraph (B), weighting factors shall be assigned 
     according to the following scale: if the percentage is 
     greater than 0 but less than 12.20, the weighting factor 
     shall be 1.00 for all children counted under paragraph (1); 
     if the percentage is greater than 12.20 but less than 17.70, 
     the weighting factor shall be 1.00 for a number of children 
     counted under paragraph (1) equal to 12.20 percent of the 
     total school age population and 1.10 for children counted 
     under paragraph (1) in excess of 12.20 percent of the total 
     school age population; if the percentage is greater than 
     17.70 percent but less than 22.80 percent, then the weighting 
     factor shall be 1.00 for a number of children counted under 
     paragraph (1) equal to 12.20 percent of the total school age 
     population, 1.10 for a number of children counted under 
     paragraph (1) equal to 5.50 percent of the total school age 
     population, and 1.20 for children counted under paragraph (1) 
     in excess of 17.70 percent of the total school age 
     population; if the percentage is greater than 22.80 percent 
     but less than 29.70 percent, then the weighting factor shall 
     be 1.00 for a number of children counted under paragraph (1) 
     equal to 12.20 percent of the total school age population, 
     1.10 for a number of children counted under paragraph (1) 
     equal to 5.50 percent of the total school age population, 
     1.20 for a number of children counted under paragraph (1) 
     equal to 5.10 percent of the total school age population, and 
     1.30 for children counted under paragraph (1) in excess of 
     22.80 percent of the total school age population; and if the 
     percentage is greater than 29.70, then the weighting factor 
     shall be 1.00 for a number of children counted under 
     paragraph (1) equal to 12.20 percent of the total school age 
     population, 1.10 for a number of children counted under 
     paragraph (1) equal to 5.50 percent of the total school age 
     population, 1.20 for a number of children counted under 
     paragraph (1) equal to 5.10 percent of the total school age 
     population, 1.30 for a number of children counted under 
     paragraph (1) equal to 6.90 percent of the total school age 
     population, and 1.40 for children counted under paragraph (1) 
     in excess of 29.70 percent of the total school age 
     population. Separately, if the number of children counted 
     under paragraph (1) is greater than 0 but less than 1917, the 
     weighting factor shall be 1.00 for all children counted under 
     paragraph (1); if the number is greater than 1917 but less 
     than 5,938, the weighting factor shall be 1.00 for a number 
     of children counted under paragraph (1) equal to 1917, and 
     1.075 for children counted under paragraph (1) in excess of 
     1917; if the number is greater than 5,938 but less than 
     20,199, then the weighting factor shall be 1.00 for a number 
     of children counted under paragraph (1) equal to 1917, 1.075 
     for a number of children counted under paragraph (1) equal to 
     4,021, and 1.150 for children counted under paragraph (1) in 
     excess of 5,938; if the number is greater than 20,199 but 
     less than 77,999 then the weighting factor shall be 1.00 for 
     a number of children counted under paragraph (1) equal to 
     1917, 1.075 for a number of children counted under paragraph 
     (1) equal to 4,021, 1.150 for a number of children counted 
     under paragraph (1) equal to 14,261, and 1.225 for children 
     counted under paragraph (1) in excess of 20,199; and if the 
     number is greater than 77,999, then the weighting factor 
     shall be 1.00 for a number of children counted under 
     paragraph (1) equal to 1917, 1.075 for a number of children 
     counted under paragraph (1) equal to 4,021, 1.150 for a 
     number of children counted under paragraph (1) equal to 
     14,261, 1.225 for a number of children counted under 
     paragraph (1) equal to 57,800 and 1.30 for children counted 
     under paragraph (1) in excess of 77,999. For the Commonwealth 
     of Puerto Rico, the weighting factor shall be not greater 
     than 1.15.
       ``(B) If the Secretary determines that satisfactory data 
     for local educational agencies are available to carry out 
     determinations under section 1123(a)(2), then the Secretary 
     shall substitute the percentages, numbers, and quintiles 
     described in section 1124(b)(3) for the percentages, numbers, 
     and quintiles described in subparagraph (A).
       ``(d) State Minimum.--
       ``(1) Minimum.--For any fiscal year the aggregate amount 
     allotted for all local educational agencies within a State 
     may not be less than one-quarter of 1 percent of the total 
     amount available for such fiscal year under this section.
       ``(2) Special rule.--A State shall not be allotted in any 
     fiscal year more than 125 percent of the amount that the 
     State would have received under this section in such fiscal 
     year if the provisions of paragraph (1) were not applied.
       ``(e) Special Rule.--No State shall receive a grant under 
     this section for fiscal year 1995 in an amount that exceeds 
     115 percent of the amount that would have been allocated to 
     such State for such fiscal year under subpart 1 of part A of 
     chapter 1 of title I (as such subpart was in effect on the 
     day preceding the date of enactment of the Improving 
     America's Schools Act of 1994).

     ``SEC. 1124. WITHIN STATE ALLOCATIONS.

       ``(a) In General.--
       ``(1) Eligibility.--No local educational agency shall be 
     eligible for funds under this part unless the number of 
     children counted under subsection (b)(1) for such agency is 
     at least 10 and equal to 5 percent or greater of the number 
     of all children served by such agency.
       ``(2) Hold harmless.--(A) Except as provided in 
     subparagraph (B), each local educational agency shall receive 
     an amount under this part for fiscal years 1995 and 1996 that 
     is at least equal to 85 percent of the amount such agency 
     received under this part (or for fiscal year 1994 only, such 
     part's predecessor authority) in the preceding fiscal year, 
     except that if such agency is not eligible for assistance 
     under paragraph (1) such agency shall only receive the amount 
     provided for under this paragraph for fiscal year 1995.
       ``(B)(i) If the sums made available under this part for any 
     fiscal year are insufficient to pay the full amounts that all 
     local educational agencies in all States are eligible to 
     receive under subparagraph (A) for such year, the State 
     educational agency shall ratably reduce the allocations to 
     such local educational agencies for such year.
       ``(ii) If additional funds become available for making 
     payments under subparagraph (A) for such fiscal year, 
     allocations that were reduced under subparagraph (A) shall be 
     increased on the same basis as such allocations were reduced.
       ``(3) State reserve.--(A) For each fiscal year each State 
     may reserve not more than 2 percent of the funds such State 
     receives to carry out this part to award grants to local 
     educational agencies that--
       ``(i) are not eligible for assistance under paragraph (1); 
     and
       ``(ii) serve a school attendance area for which the 
     percentage of children counted under subsection (b)(1) that 
     are enrolled in the schools in such area exceeds--
       ``(I) the percentage of such children in the State; or
       ``(II) 25 percent.
       ``(B) The total amount of funds awarded to each local 
     educational agency receiving a grant under this paragraph 
     when added to funds made available under paragraph (2) shall 
     not exceed--
       ``(i) for fiscal year 1995, the amount such agency received 
     under this part's predecessor authority in the preceding 
     fiscal year; and
       ``(ii) for fiscal year 1996 and each succeeding fiscal 
     year, the average amount received per child under this part 
     in the State multiplied by the number of children counted 
     under subsection (b)(1) in such agency's school attendance 
     areas described in subparagraph (A)(ii).
       ``(C) Each State awarding grants under this paragraph shall 
     distribute such grants to local educational agencies in rank 
     order based on the percentage of children from low-income 
     families in each local educational agency's school attendance 
     area described in subparagraph (A)(ii).
       ``(D) Each local educational agency receiving a grant under 
     this paragraph only shall use such grants funds to serve 
     school attendance areas described in subparagraph (A)(ii).
       ``(E) In order to receive a grant under this paragraph a 
     local educational agency shall provide an assurance to the 
     State educational agency serving such local educational 
     agency that such local educational agency has not modified 
     the student assignment practices of such local educational 
     agency so as to increase the percentage of children from low-
     income families in each school for which assistance is sought 
     under this paragraph.
       ``(b) Local Educational Agency Allocations.--
       ``(1) Children to be counted.--(A) The number of children 
     counted for purposes of this section is the aggregate of--
       ``(i) the number of children aged 5 to 17, inclusive, in 
     the school district of the local educational agency from 
     families below the poverty level; and
       ``(ii) the number of children aged 5 to 17, inclusive, in 
     the school district of such agency living in institutions for 
     neglected or delinquent children (other than such 
     institutions operated by the United States) but not counted 
     pursuant to subpart 3 of part E for the purposes of a grant 
     to a State agency, or being supported in foster homes with 
     public funds.
       ``(B) In determining the number of children eligible to be 
     counted under subparagraph (A), a State educational agency 
     shall use for each local educational agency served by such 
     State educational agency--
       ``(i) data from the Bureau of the Census regarding the 
     number of children determined in accordance with section 
     1123(c)(1)(B);
       ``(ii) data based on the sum of--
       ``(I) the number of children from families receiving aid to 
     families with dependent children under part A of title IV of 
     the Social Security Act; and
       ``(II) the number of children with limited-English 
     proficiency served by such agency divided by three; or
       ``(iii) data based on other poverty criteria, including 
     combinations of the data described in clauses (i) and (ii) 
     and combinations of the data described in either such clause 
     and other data, that the State educational agency deems 
     appropriate and the Secretary approves, adjusted to be 
     equivalent in proportion to the number of children determined 
     in accordance with section 1123(c)(1)(B) in the State, except 
     that the State educational agency may submit to the Secretary 
     for approval alternative data that more accurately target 
     poverty.
       ``(2) Absorption.--In determining the number of children to 
     be counted under this paragraph for each local educational 
     agency, the State educational agency shall subtract 1 percent 
     of the total number of children aged 5 to 17, inclusive, 
     served by such local educational agency from the number of 
     children counted under paragraph (1) for such local 
     educational agency.
       ``(3) Weighted children.--From funds made available under 
     section 1123, each State educational agency shall allocate 
     such funds to local educational agencies in the State on the 
     basis of the number of children counted under paragraph (2) 
     for a local educational agency multiplied by the weighting 
     factor for the local educational agency. The weighting factor 
     shall be established on the basis of the percentage that the 
     number of children counted under paragraph (2) represents of 
     the total population aged 5 to 17, inclusive, in the local 
     educational agency or the number of such children. Weighted 
     pupil counts shall be calculated based upon both percentage 
     and number and the larger of the two counts shall be used in 
     calculating grants for each local educational agency. 
     Weighting factors shall be assigned according to the 
     following scale, except that a State educational agency may 
     submit to the Secretary for approval State-specific quintiles 
     for use in the following percentages or numbers for the State 
     if the use of such quintiles more accurately targets poverty: 
     if the percentage is greater than 0 but less than 14.265, the 
     weighting factor shall be 1.00 for all children counted under 
     paragraph (2); if the percentage is greater than 14.265 but 
     less than 21.553, the weighting factor shall be 1.00 for a 
     number of children counted under paragraph (2) equal to 
     14.265 percent of the total school age population and 1.150 
     for children counted under paragraph (2) in excess of 14.265 
     percent of the total school age population; if the percentage 
     is greater than 21.553 percent but less than 29.223 percent, 
     then the weighting factor shall be 1.00 for a number of 
     children counted under paragraph (2) equal to 14.265 percent 
     of the total school age population, 1.150 for a number of 
     children counted under paragraph (2) equal to 7.288 percent 
     of the total school age population, and 1.300 for children 
     counted under paragraph (2) in excess of 21.553 percent of 
     the total school age population; if the percentage is greater 
     than 29.223 percent but less than 36.538 percent, then the 
     weighting factor shall be 1.00 for a number of children 
     counted under paragraph (2) equal to 14.265 percent of the 
     total school age population, 1.150 for a number of children 
     counted under paragraph (2) equal to 7.288 percent of the 
     total school age population, 1.30 for a number of children 
     counted under paragraph (2) equal to 7.67 percent of the 
     total school age population, and 1.450 for children counted 
     under paragraph (2) in excess of 29.223 percent of the total 
     school age population; and if the percentage is greater than 
     36.538, then the weighting factor shall be 1.00 for a number 
     of children counted under paragraph (2) equal to 14.265 
     percent of the total school age population, 1.150 for a 
     number of children counted under paragraph (2) equal to 7.288 
     percent of the total school age population, 1.300 for a 
     number of children counted under paragraph (2) equal to 7.67 
     percent of the total school age population, 1.450 for a 
     number of children counted under paragraph (2) equal to 7.315 
     percent of the total school age population, and 1.600 for 
     children counted under paragraph (2) in excess of 36.538 
     percent of the total school age population. Separately, if 
     the number of children counted under paragraph (2) is greater 
     than 0 but less than 575, the weighting factor shall be 1.00 
     for all children counted under paragraph (2); if the number 
     is greater than 575 but less than 1,870, the weighting factor 
     shall be 1.00 for a number of children counted under 
     paragraph (2) equal to 575, and 1.10 for children counted 
     under paragraph (2) in excess of 575; if the number is 
     greater than 1,870 but less than 6,910, then the weighting 
     factor shall be 1.00 for a number of children counted under 
     paragraph (2) equal to 575, 1.10 for a number of children 
     counted under paragraph (2) equal to 1,295, and 1.20 for 
     children counted under paragraph (2) in excess of 1,870; if 
     the number is greater than 6,910 but less than 42,000 then 
     the weighting factor shall be 1.00 for a number of children 
     counted under paragraph (2) equal to 575, 1.10 for a number 
     of children counted under paragraph (2) equal to 1,295, 1.20 
     for a number of children counted under paragraph (2) equal to 
     5,040, and 1.30 for children counted under paragraph (2) in 
     excess of 6,910; and if the number is greater than 42,000, 
     then the weighting factor shall be 1.00 for a number of 
     children counted under paragraph (2) equal to 575, 1.10 for a 
     number of children counted under paragraph (2) equal to 
     1,295, 1.20 for a number of children counted under paragraph 
     (2) equal to 5,040, 1.30 for a number of children counted 
     under paragraph (2) equal to 35,090 and 1.40 for children 
     counted under paragraph (2) in excess of 42,000.
       ``(4) Geographic circumstances.--In the case of local 
     educational agencies which serve in whole or in part the same 
     geographical area, and in the case of a local educational 
     agency which provides free public education for a substantial 
     number of children who reside in the school district of 
     another local educational agency, the State educational 
     agency may allocate the amount of the grants for those local 
     educational agencies among those local educational agencies 
     in such manner as the State educational agency determines 
     will best carry out the purposes of this part.
       ``(5) Special allocation procedures.--Upon determination by 
     the State educational agency that a local educational agency 
     in the State is unable or unwilling to provide for the 
     special educational needs of children described in clause 
     (ii) of section 1123(c)(1)(A), who are living in institutions 
     for neglected or delinquent children, the State educational 
     agency shall, if the State educational agency assumes 
     responsibility for the special educational needs of such 
     children, be eligible to receive the portion of the 
     allocation to such local educational agency which is 
     attributable to such neglected or delinquent children, but if 
     the State educational agency does not assume such 
     responsibility, any other State or local public agency, as 
     determined by regulations established by the Secretary, which 
     does assume such responsibility, shall be eligible to receive 
     such portion of the allocation.
       ``(6) Special rule.--A local educational agency may reserve 
     not more than 2 percent of the funds such agency receives 
     under this part for each fiscal year to provide services at 
     the discretion of the highest administrative official 
     (superintendent) of such agency and consistent with the 
     purposes of this title to a school, if the school is within 
     two rank orders described in section 1113(c) of the lowest 
     such rank ordered school served under this part.

                    ``PART B--TRANSITION TO SUCCESS

     ``SEC. 1201. TRANSITION TO SUCCESS.

       ``(a) Short Title.--This part may be cited as the 
     `Transitions to Success Act of 1994'.
       ``(b) Transition to Success Challenge Grants.--
       ``(1) Funding.--(A) Notwithstanding any other provision of 
     law, from amounts appropriated to carry out part A for each 
     fiscal year the Secretary shall reserve 1 percent of the 
     total amount made available to all States under such part for 
     such fiscal year, to carry out this part for such year.
       ``(B) From amounts reserved under subparagraph (A) the 
     Secretary shall make available to each State 1 percent of the 
     amount made available to each State under part A, to carry 
     out this part.
       ``(2) State incentive requirements.--(A) In order for a 
     State to use the funds made available under paragraph (1), 
     the State shall submit a transition coordinated services 
     proposal to the Secretary as part of the plan submitted under 
     section 1111.
       ``(B) If a State fails to submit an acceptable proposal 
     described in subparagraph (A)(i), local educational agencies 
     within the State may apply to the Secretary directly for 
     funds to carry out this part under such terms and conditions 
     as the Secretary determines will best carry out the 
     activities assisted under this part.
       ``(3) In general.--From amounts made available under 
     paragraph (1), each State educational agency shall make 
     challenge grants to local educational agencies that have 
     formed consortia with early childhood development programs 
     including, where available, Head Start, to develop and 
     operate programs that assist low-income elementary school 
     students in kindergarten through third grade (giving priority 
     to students entering their first year of elementary school) 
     and their families in--
       ``(A) obtaining supportive services that build on the 
     strength of families, including health, immunization, mental 
     health, nutrition, parenting education, literacy, and social 
     services (including substance abuse treatment, education, and 
     prevention services); and
       ``(B) supporting the active involvement of parents in the 
     education of their children.
       ``(4) Special rule.--In awarding grants and administering 
     the program assisted under this section, the State 
     educational agency shall consult with the State liaison for 
     the Head Start collaboration grant program under section 
     640(a)(5) of the Head Start Act and State agencies that 
     administer early childhood development programs, including 
     programs under the Child Care and Development Block Grant Act 
     of 1990.
       ``(5) Term of grant.--Each grant awarded under this part 
     shall be for a period of not more than 3 years.
       ``(c) Consultation.--The Secretary shall consult with the 
     Secretary of Health and Human Services to develop regulations 
     and promote coordination of activities assisted under this 
     part with the projects funded under the Head Start Transition 
     Project Act, including a process to--
       ``(1) collect information on program activities and 
     outcomes; and
       ``(2) disseminate information on model programs.
       ``(d) Eligibility.--
       ``(1) Local educational agency consortium.--A local 
     educational agency shall be eligible for a grant under this 
     part if such agency--
       ``(A) receives funds under part A;
       ``(B) has formed a consortium with one or more early 
     childhood development programs that serve children who will 
     enroll in any elementary school located within the school 
     district of such local educational agency, including, where 
     available, Head Start programs; and
       ``(C) agrees to contribute an amount equal to $1 of 
     matching funds for every $1 made available to the local 
     educational agency to carry out this part, which matching 
     funds may include Federal funds, including funds made 
     available under this Act, and State or local funds (including 
     in-kind contributions, fairly evaluated).
       ``(2) Cooperating agency.--A nonprofit agency or 
     institution of higher education with experience in early 
     childhood development may participate in a consortium formed 
     under paragraph (1)(B) in developing, operating, and 
     evaluating programs assisted under this part, including 
     developing or implementing model approaches to 
     developmentally appropriate curricula.
       ``(e) Follow Through Grantees.--A local educational agency 
     that is receiving assistance through a program under the 
     Follow Through Act shall also be eligible for a grant under 
     this part to complete their Follow Through grant cycle if 
     such agency meets the requirements of subsection (d)(1).
       ``(f) Requirements.--
       ``(1) In general.--To the extent practicable, the State 
     educational agency shall award grants under this part to 
     consortia in both rural and urban areas.
       ``(2) Criteria.--In awarding grants under this part, the 
     State educational agency shall consider--
       ``(A) the commitment of the members of the consortium to 
     the program for which assistance under this part is 
     requested;
       ``(B) the proportion of low-income children in the school 
     attendance area where the program assisted under this part 
     will be located; and
       ``(C) the quality of information and plans in the 
     application.
       ``(3) Priority.--In awarding grants under this part, the 
     State educational agency shall give priority to applicants 
     that--
       ``(A) will operate a program under this part at a school 
     designated for a schoolwide program under section 1114;
       ``(B) serve local educational agencies that have the 
     highest number or percentage of poor children; and
       ``(C) demonstrate a significant commitment by the community 
     to the proposed program, as evidenced by the level of 
     resources, both cash and in-kind, from other public and 
     private sources available to the consortium.
       ``(g) Application.--
       ``(1) In general.--Each local educational agency consortium 
     seeking a grant under this part shall submit an application 
     to the State educational agency according to guidelines 
     established by the Secretary. Each such application shall 
     include--
       ``(A) a description of the activities and services for 
     which assistance is sought;
       ``(B) a description of members of the consortium formed 
     under subsection (d)(1)(B), including any cooperating agency;
       ``(C) a self-assessment of the programs of the individual 
     consortium members to address the health, immunization, 
     mental health, nutrition, parenting education, literacy, 
     social service (including substance abuse treatment, 
     education, and prevention), and educational needs of low-
     income students and their families, including the use of a 
     developmentally appropriate curricula, such as a model 
     approach developed under the Follow Through Act;
       ``(D) a plan for the development of a supportive services 
     team of family service coordinators to--
       ``(i) assist families, administrators, and teachers to 
     respond to health, immunization, mental health, nutrition, 
     social service, and educational needs of students;
       ``(ii) conduct home visits and help students and their 
     families to obtain health, immunization, mental health, 
     nutrition, parenting education, literacy, education 
     (including tutoring and remedial services), and social 
     services (including substance abuse treatment, education, and 
     prevention), for which such students and their families are 
     eligible;
       ``(iii) coordinate a family outreach and support program, 
     including a plan for involving parents in the management of 
     the program assisted under this part, in cooperation with 
     parental involvement efforts undertaken pursuant to this 
     title, the Head Start Act, and the Individuals with 
     Disabilities Education Act, including school-parent compacts, 
     parent volunteer activities, parent education services such 
     as the Even Start program, and regular meetings;
       ``(iv) assist families, administrators, and teachers in 
     enhancing developmental continuity between the programs 
     assisted under the Head Start Act, other early childhood 
     development programs, and elementary school classes; and
       ``(v) prepare a plan for the transition of each child from 
     Head Start, or other early childhood development program, to 
     kindergarten, including--

       ``(I) a meeting of the early childhood development program 
     teacher with the kindergarten teacher and the child's parents 
     to discuss the transition of each child and to address any 
     particular educational needs of such child; and
       ``(II) the transfer of knowledge about the child, including 
     the transfer (with parental consent) of written records from 
     the early childhood development program teacher to the 
     kindergarten teacher to become part of the school record of 
     the child;

       ``(E) the designation of a member of the supportive 
     services team described in subparagraph (D) who will serve as 
     the supervisor of such supportive services team;
       ``(F) assurances that State agencies, local agencies, and 
     community-based organizations that provide supportive 
     services to low-income students served by the local 
     educational agency consortium have been consulted in the 
     preparation of the plan described in subparagraph (D);
       ``(G) assurances that State agencies, local agencies, and 
     community-based organizations that provide supportive 
     services to low-income students served by the local 
     educational agency consortium will designate an individual 
     who will act as a liaison to the supportive services team 
     described in subparagraph (D);
       ``(H) a description of the target population to be served 
     by the supportive services team described in subparagraph 
     (D), including families previously served under part C, the 
     Head Start Act, or other comparable early childhood 
     development program;
       ``(I) a description of the supportive services to be 
     provided, directly or through referral;
       ``(J) a plan to ensure the smooth transition of children 
     served under part C, the Head Start Act, the Individuals with 
     Disabilities Education Act, and other comparable early 
     childhood development programs, to elementary schools;
       ``(K) assurances that, and a plan describing how, families 
     will be involved in the design and operation of the program 
     assisted under this part;
       ``(L) a description of the Federal and non-Federal 
     resources that will be used to carry out the program;
       ``(M) if the applicant is receiving assistance through a 
     program under the Follow Through Act--
       ``(i) a description of the activities that will be funded 
     under this part and the activities that are funded with 
     assistance provided under the Follow Through Act; and
       ``(ii) a description of the manner in which activities 
     funded under this part and activities funded with assistance 
     provided under the Follow Through Act will be coordinated 
     within the elementary school;
       ``(N) assurances that the supportive services described in 
     subparagraph (D) will be equipped to assist children and 
     families with limited-English proficiency and disabilities, 
     if appropriate;
       ``(O) a plan describing how the program assisted under this 
     part will be sustained, with funding received under part A or 
     other Federal and non-Federal funding sources, after the 
     grant has expired;
       ``(P) program goals and a methodology to measure progress 
     toward achieving such goals; and
       ``(Q) such other information as the Secretary may 
     reasonably require.
       ``(2) Special rule.--Each supportive services team 
     developed pursuant to paragraph (1)(D) shall include at least 
     1 family service coordinator for every 35 children to be 
     served.
       ``(h) Evaluation and Report.--
       ``(1) Evaluation.--The Secretary, in cooperation with the 
     Secretary of Health and Human Services shall, through grants, 
     contracts, or cooperative agreements, provide for the 
     evaluation of the programs assisted under this part. To the 
     extent practicable, such evaluation shall be conducted 
     jointly with evaluations of the Head Start Transition 
     Projects.
       ``(2) Information.--Each State educational agency shall 
     furnish to the Secretary such information as the Secretary 
     shall request to carry out the evaluation described in 
     paragraph (1).

     ``SEC. 1202. COORDINATION REQUIREMENTS.

       ``(a) In General.--Each local educational agency receiving 
     assistance under section 1113 may use such assistance to 
     carry out the activities described in subsection (b) to the 
     extent feasible and appropriate to the circumstances, 
     including the extent to which such local educational agency 
     is able to secure the cooperation of parents and local Head 
     Start agencies and, if feasible, other early childhood 
     development programs.
       ``(b) Activities.--The activities referred to in subsection 
     (a) are activities that increase coordination between the 
     local educational agency and a Head Start agency, and, if 
     feasible, other early childhood development programs, serving 
     children who will attend the schools of such agency, 
     including--
       ``(1) developing and implementing a systematic procedure 
     for receiving records regarding such children transferred 
     with parental consent from a Head Start program or, where 
     applicable, other early childhood development programs;
       ``(2) establishing channels of communication between school 
     staff and their counterparts in such Head Start agencies 
     (including teachers, social workers, and health staff) or 
     other early childhood development programs, as appropriate, 
     to facilitate coordination of programs;
       ``(3) conducting meetings involving parents, kindergarten 
     or elementary school teachers, and Head Start teachers or, if 
     appropriate, teachers from other early childhood development 
     programs, to discuss the developmental and other needs of 
     individual children; and
       ``(4) organizing and participating in joint transition 
     related training of school staff, Head Start staff, and, 
     where appropriate, other early childhood staff.
       ``(c) Coordination of Regulations.--The Secretary shall 
     work with the Secretary of Health and Human Services to 
     coordinate regulations promulgated under this part with 
     regulations promulgated under the Head Start Act Amendments 
     of 1994.

     ``SEC. 1203. DEFINITIONS.

       ``As used in this part:
       ``(1) Developmentally appropriate curriculum.--The term 
     `developmentally appropriate curriculum' means a curriculum 
     that is appropriate for the age and all areas of individual 
     development of a child, including educational, physical, 
     emotional, social, and cognitive development, and 
     communication.
       ``(2) Family services coordinator.--The term `family 
     services coordinator' means an individual who is trained to 
     assist families in obtaining supportive services. Such 
     individual may be an existing employee of a local educational 
     agency or Head Start agency.
       ``(3) Head start agency.--The term `Head Start agency' 
     means any agency designated as a Head Start agency under the 
     Head Start Act (42 U.S.C. 9831 et seq.).
       ``(4) Supportive services.--The term `supportive services' 
     means services that will enhance the physical, social, 
     emotional, and intellectual development of low-income 
     children, including the provision of necessary support to the 
     parents and other family members of such children.

             ``PART C--EVEN START FAMILY LITERACY PROGRAMS

     ``SEC. 1301. STATEMENT OF PURPOSE.

       ``It is the purpose of this part to help break the cycle of 
     poverty and illiteracy by improving the educational 
     opportunities of the Nation's low-income families by 
     integrating early childhood education, adult literacy or 
     adult basic education, and parenting education into a unified 
     family literacy program, to be referred to as `Even Start'. 
     The program shall--
       ``(1) be implemented through cooperative projects that 
     build on existing community resources to create a new range 
     of services;
       ``(2) promote achievement of the National Education Goals; 
     and
       ``(3) assist children and adults from low-income families 
     to achieve to challenging State content standards and 
     challenging State student performance standards.

     ``SEC. 1302. PROGRAM AUTHORIZED.

       ``(a) Reservation for Migrant Programs, Outlying Areas, and 
     Indian Tribes.--In each fiscal year, the Secretary shall 
     reserve not more than 5 percent of the amount appropriated 
     under section 1002(b) for programs, under such terms and 
     conditions as the Secretary shall establish, that are 
     consistent with the purpose of this part, and according to 
     their relative needs, for--
       ``(1) children of migratory workers;
       ``(2) the outlying areas; and
       ``(3) Indian tribes and tribal organizations.
       ``(b) Reservation for Federal Activities.--From amounts 
     appropriated under section 1002(b), the Secretary may reserve 
     not more than 3 percent of such amounts or the amount 
     reserved to carry out the activities described in paragraphs 
     (1) and (2) for the fiscal year 1994, whichever is greater, 
     for purposes of--
       ``(1) carrying out the evaluation required by section 1309; 
     and
       ``(2) providing, through grants or contracts with eligible 
     organizations, technical assistance, program improvement, and 
     replication activities.
       ``(c) Reservation for Grants.--
       ``(1) Grants authorized.--In any fiscal year in which the 
     amount appropriated to carry out this part exceeds the amount 
     appropriated to carry out this part for the preceding fiscal 
     year, the Secretary may reserve such funds in excess of the 
     amount appropriated for such preceding fiscal years as do not 
     exceed $1,000,000 to award grants, on a competitive basis, to 
     States to enable such States to plan and implement, through 
     literacy resource centers assisted under subpart 7 of part B 
     of the Adult Education Act, statewide family literacy 
     initiatives to coordinate and integrate existing Federal, 
     State, and local literacy resources consistent with the 
     purposes of this part.
       ``(2) Matching requirement.--The Secretary shall not make a 
     grant to a State under paragraph (1) unless the State agrees 
     that, with respect to the costs to be incurred by the 
     eligible consortium in carrying out the activities for which 
     the grant was awarded, the State will make available non-
     Federal contributions in an amount equal to not less than the 
     Federal funds provided under the grant.
       ``(d) State Allocation.--
       ``(1) In general.--From amounts appropriated under section 
     1002(b) and not reserved under subsections (a), (b), and (c), 
     the Secretary shall make grants to States from allocations 
     under paragraph (2).
       ``(2) Allocations.--Except as provided in paragraph (3), 
     from the total amount available for allocation to States in 
     any fiscal year, each State shall be eligible to receive a 
     grant under paragraph (1) in an amount that bears the same 
     ratio to such total amount as the amount allocated under 
     section 1122 to that State bears to the total amount 
     allocated under that section to all the States.
       ``(3) Minimum.--No State shall receive a grant under 
     paragraph (1) in any fiscal year in an amount which is less 
     than $250,000, or one-half of 1 percent of the amount 
     appropriated under section 1002(b) and not reserved under 
     subsections (a), (b), and (c) for such year, whichever is 
     greater.
       ``(e) Definitions.--For the purpose of this part--
       ``(1) the term `eligible entity' means a partnership 
     composed of both--
       ``(A) a local educational agency; and
       ``(B) a nonprofit community-based organization, a public 
     agency, an institution of higher education, or a public or 
     private nonprofit organization of demonstrated quality;
       ``(2) the term `eligible organization' means any public or 
     private nonprofit organization with a record of providing 
     effective services to family literacy providers, such as the 
     National Center for Family Literacy, Parents as Teachers, 
     Inc., the Home Instruction Program for Preschool Youngsters, 
     and the Home and School Institute, Inc.;
       ``(3) the terms `Indian tribe' and `tribal organization' 
     have the meanings given such terms in section 4 of the Indian 
     Self-Determination and Education Assistance Act; and
       ``(4) the term `State' includes each of the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico.

     ``SEC. 1303. STATE PROGRAMS.

       ``(a) State Level Activities.--Each State that receives a 
     grant under section 1302(d)(1) may use not more than 5 
     percent of the grant funds for the costs of--
       ``(1) administration; and
       ``(2) providing, through one or more subgrants or 
     contracts, technical assistance for program improvement and 
     replication, to eligible entities that receive subgrants 
     under subsection (b).
       ``(b) Subgrants for Local Programs.--
       ``(1) In general.--Each State shall use the grant funds 
     received under section 1302(d)(1) and not reserved under 
     subsection (a) to award subgrants to eligible entities to 
     carry out Even Start programs.
       ``(2) Minimum.--No State shall award a subgrant under 
     paragraph (1) in an amount less than $75,000, except that a 
     State may award one subgrant in each fiscal year of 
     sufficient size, scope, and quality to be effective in an 
     amount less than $75,000 if, after awarding subgrants under 
     paragraph (1) for such fiscal year in amounts of $75,000 or 
     greater, less than $75,000 is available to the State to award 
     such subgrants.

     ``SEC. 1304. USES OF FUNDS.

       ``(a) In General.--In carrying out a program under this 
     part, a recipient of funds under this part shall use such 
     funds to pay the Federal share of the cost of providing 
     family-centered education programs that involve parents and 
     children in a cooperative effort to help parents obtain 
     educational skills and become full partners in the education 
     of their children and to assist children in reaching their 
     full potential as learners.
       ``(b) Federal Share Limitation.--
       ``(1) In general.--(A) Except as provided in paragraph (2), 
     the Federal share under this part may not exceed--
       ``(i) 90 percent of the total cost of the program in the 
     first year that such program receives assistance under this 
     part or its predecessor authority;
       ``(ii) 80 percent in the second such year;
       ``(iii) 70 percent in the third such year;
       ``(iv) 60 percent in the fourth such year; and
       ``(v) 50 percent in any subsequent such year.
       ``(B) The remaining cost of a program assisted under this 
     part may be provided in cash or in kind, fairly evaluated.
       ``(2) Waiver.--The State educational agency may waive, in 
     whole or in part, the cost-sharing requirement described in 
     paragraph (1) for an eligible entity if such entity--
       ``(A) demonstrates that such entity otherwise would not be 
     able to participate in the program assisted under this part; 
     and
       ``(B) negotiates an agreement with the State educational 
     agency with respect to the amount of the remaining cost to 
     which the waiver will be applicable.
       ``(3) Prohibition.--Federal funds provided under this part 
     may not be used for the indirect costs of a program assisted 
     under this part, except that the Secretary may waive this 
     paragraph if an eligible recipient of funds reserved under 
     section 1302(a)(3) demonstrates to the Secretary's 
     satisfaction that such recipient otherwise would not be able 
     to participate in the program assisted under this part.

     ``SEC. 1305. PROGRAM ELEMENTS.

       ``Each program assisted under this part shall--
       ``(1) include the identification and recruitment of those 
     families most in need of services provided under this part, 
     as indicated by a low level of income, a low level of adult 
     literacy or English language proficiency of a parent who is 
     an eligible participant, and other need-related indicators;
       ``(2) include screening and preparation of parents, 
     including teenage parents, and children to enable such 
     parents and children to participate fully in the activities 
     and services provided under this part, including testing, 
     referral to necessary pupil services, and other developmental 
     and support services;
       ``(3) be designed to accommodate the participants' work and 
     other responsibilities, including the provision of pupil 
     services (when such pupil services are unavailable from other 
     sources) necessary for participation in the activities 
     assisted under this part, such as--
       ``(A) scheduling and location of services to allow joint 
     participation by parents and children;
       ``(B) child care for the period that parents are involved 
     in the program provided under this part; and
       ``(C) transportation for the purpose of enabling parents 
     and their children to participate in programs authorized by 
     this part;
       ``(4) include high-quality instructional programs that 
     promote adult literacy, training of parents to support the 
     educational growth of their children, developmentally 
     appropriate early childhood educational services, and 
     preparation of children for success in regular school 
     programs;
       ``(5) include qualified personnel to develop, administer, 
     and implement the program assisted under this part;
       ``(6) include special training of staff, including child 
     care staff, to develop the skills necessary to work with 
     parents and young children in the full range of instructional 
     services offered through this part;
       ``(7) provide and monitor integrated instructional services 
     to participating parents and children through home-based 
     programs;
       ``(8) operate on a year-round basis, including the 
     provision of some instructional or enrichment services during 
     the summer months;
       ``(9) be coordinated with--
       ``(A) other programs assisted under this title and Act;
       ``(B) any relevant programs under the Adult Education Act, 
     the Individuals with Disabilities Education Act, and the Job 
     Training Partnership Act; and
       ``(C) the Head Start program, volunteer literacy programs, 
     and other relevant programs;
       ``(10) ensure that the programs will serve those families 
     most in need of the activities and services provided by this 
     part;
       ``(11) provide services under this part to individuals with 
     special needs, such as individuals with limited-English 
     proficiency and individuals with disabilities;
       ``(12) encourage eligible participants to remain in the 
     program for a time sufficient to meet the program's purpose; 
     and
       ``(13) provide for an independent evaluation of the 
     program.

     ``SEC. 1306. ELIGIBLE PARTICIPANTS.

       ``(a) In General.--Except as provided in subsection (b), 
     eligible participants in an Even Start program are--
       ``(1) a parent or parents--
       ``(A) who are eligible for participation in an adult basic 
     education program under the Adult Education Act; or
       ``(B) who are within the State's compulsory school 
     attendance age range, so long as a local educational agency 
     provides (or ensures the availability of) the basic education 
     component required under this part; and
       ``(2) the child or children, from birth through age seven, 
     of any individual described in paragraph (1).
       ``(b) Eligibility for Certain Other Participants.--
       ``(1) In general.--Family members of eligible participants 
     described in subsection (a) may participate in activities and 
     services provided under this part, when appropriate to serve 
     the purpose of this part.
       ``(2) Special rule.--Any family participating in a program 
     assisted under this part that becomes ineligible for such 
     participation as a result of one or more members of the 
     family becoming ineligible for such participation may 
     continue to participate in the program until all members of 
     the family become ineligible for such participation, which--
       ``(A) in the case of a family in which ineligibility was 
     due to the child or children of such family attaining the age 
     of eight, shall be in two years or when the parent or parents 
     become ineligible due to educational advancement, whichever 
     occurs first; and
       ``(B) in the case of a family in which ineligibility was 
     due to the educational advancement of the parent or parents 
     of such family, shall be when all children in the family 
     attain the age of eight.

     ``SEC. 1307. APPLICATIONS.

       ``(a) Submission.--To be eligible to receive a subgrant 
     under this part, an eligible entity shall submit an 
     application to the State educational agency in such form and 
     containing or accompanied by such information as the State 
     educational agency shall require.
       ``(b) Plan.--
       ``(1) In general.--Each such application shall include--
       ``(A) a description of the program goals;
       ``(B) a description of the activities and services that 
     will be provided under the program, including a description 
     of how the program will incorporate the program elements 
     required by section 1305;
       ``(C) a description of the population to be served and an 
     estimate of the number of participants to be served;
       ``(D) as appropriate, a description of the applicant's 
     collaborative efforts with institutions of higher education, 
     community-based organizations, the State educational agency, 
     private elementary schools, or eligible organizations in 
     carrying out the program for which assistance is sought; and
       ``(E) a statement of the methods that will be used--
       ``(i) to ensure that the programs will serve those families 
     most in need of the activities and services provided by this 
     part;
       ``(ii) to provide services under this part to individuals 
     with special needs, such as individuals with limited-English 
     proficiency and individuals with disabilities; and
       ``(iii) to encourage participants to remain in the program 
     for a time sufficient to meet the program's purpose.
       ``(2) Duration of the plan.--Each plan submitted under 
     paragraph (1)(A) shall--
       ``(A) remain in effect for the duration of the eligible 
     entity's participation under this part; and
       ``(B) be periodically reviewed and revised by the eligible 
     entity as necessary.

     ``SEC. 1308. AWARD OF SUBGRANTS.

       ``(a) Selection Process.--
       ``(1) In general.--The State educational agency shall 
     establish a review panel in accordance with subsection (b) 
     that will approve applications that--
       ``(A) are most likely to be successful in--
       ``(i) meeting the purpose of this part; and
       ``(ii) effectively implementing the program elements 
     required under section 1305;
       ``(B) demonstrate that the area to be served by such 
     program has a high percentage or a large number of children 
     and families who are in need of such services as indicated by 
     high levels of poverty, illiteracy, unemployment, limited-
     English proficiency, or other need-related indicators, 
     including a high percentage of children to be served by the 
     program who reside in a school attendance area eligible for 
     participation in programs under part A of this title;
       ``(C) provide services for at least a three-year age range;
       ``(D) demonstrate the greatest possible cooperation and 
     coordination between a variety of relevant service providers 
     in all phases of the program;
       ``(E) include cost-effective budgets, given the scope of 
     the application;
       ``(F) demonstrate the applicant's ability to provide the 
     remaining cost required by section 1304(b);
       ``(G) are representative of urban and rural regions of the 
     State; and
       ``(H) show the greatest promise for providing models that 
     may be adopted by other local educational agencies.
       ``(2) Review panel.--A review panel shall consist of at 
     least three members, including one early childhood 
     professional, one adult education professional, and one of 
     the following individuals:
       ``(A) A representative of a parent-child education 
     organization.
       ``(B) A representative of a community-based literacy 
     organization.
       ``(C) A member of a local board of education.
       ``(D) A representative of business and industry with a 
     commitment to education.
       ``(E) An individual who has been involved in the 
     implementation of programs under this title in the State.
       ``(3) Priority.--The State educational agency shall give 
     priority to awarding subgrants under this subsection to 
     applications describing programs that--
       ``(A) target services primarily to families whose children 
     reside in attendance areas of schools eligible for schoolwide 
     programs under section 1114; or
       ``(B) are located in areas designated as empowerment zones 
     or enterprise communities.
       ``(b) Duration.--
       ``(1) In general.--Subgrants under this part may be awarded 
     for a period not to exceed four years.
       ``(2) Startup period.--The State educational agency may 
     provide an eligible recipient, at such recipient's request, a 
     3- to 6-month startup period during the first year of the 4-
     year grant period, which may include staff recruitment and 
     training, and the coordination of services, before requiring 
     full implementation of the program.
       ``(3) Continuing eligibility.--In awarding subgrant funds 
     to continue a program under this part for the second, third, 
     or fourth year, the State educational agency shall review the 
     progress being made toward meeting the objectives of the 
     program after the conclusion of the startup period, if any.
       ``(4) Grant renewal.--(A) An eligible entity that has 
     previously received a subgrant under this part may reapply 
     under this part for a second subgrant period.
       ``(B) The Federal share of any subgrant renewed under 
     subparagraph (A) shall not exceed 50 percent in any fiscal 
     year.
       ``(5) Insufficient progress.--The State educational agency 
     may refuse to award subgrant funds if such agency finds that 
     sufficient progress has not been made toward meeting such 
     objectives, but only after affording the applicant notice and 
     an opportunity for a hearing.

     ``SEC. 1309. EVALUATION.

       ``From funds reserved under section 1302(b)(1), the 
     Secretary shall provide for an independent evaluation of 
     programs assisted under this part--
       ``(1) to determine the performance and effectiveness of 
     programs assisted under this part; and
       ``(2) to identify effective programs assisted under this 
     part that can be duplicated and used in providing technical 
     assistance to Federal, State, and local programs.

     ``SEC. 1310. CONSTRUCTION.

       ``Nothing in this part shall be construed to prohibit a 
     recipient of funds under this part from serving students 
     participating in Even Start simultaneously with students with 
     similar educational needs, in the same educational settings 
     where appropriate.

               ``PART D--EDUCATION OF MIGRATORY CHILDREN

     ``SEC. 1401. PROGRAM PURPOSE.

       ``It is the purpose of this part to assist States to--
       ``(1) support high-quality and comprehensive educational 
     programs for migratory children to help reduce the 
     educational disruptions and other problems that result from 
     repeated moves;
       ``(2) ensure that migratory children are provided with 
     appropriate educational services (including supportive 
     services) that address their special needs in a coordinated 
     and efficient manner;
       ``(3) ensure that migratory children have the opportunity 
     to meet the same challenging State content standards and 
     challenging State student performance standards that all 
     children are expected to meet;
       ``(4) design programs to help migratory children overcome 
     educational disruption, cultural and language barriers, 
     social isolation, various health-related problems, and other 
     factors that inhibit the ability of such children to do well 
     in school, and to prepare such children to make a successful 
     transition to postsecondary education or employment; and
       ``(5) ensure that migratory children benefit from State and 
     local systemic reforms.

     ``SEC. 1402. PROGRAM AUTHORIZED.

       ``(a) In General.--In order to carry out the purpose of 
     this part, the Secretary shall make grants to State 
     educational agencies, or combinations of such agencies, to 
     establish or improve, directly or through local operating 
     agencies, programs of education for migratory children in 
     accordance with this part.
       ``(b) Definitions.--As used in this part--
       ``(1) the term `local operating agency' means--
       ``(A) a local educational agency to which a State 
     educational agency makes a subgrant under this part;
       ``(B) a public or private nonprofit agency with which a 
     State educational agency or the Secretary makes an 
     arrangement to carry out a program or project under this 
     part; or
       ``(C) a State educational agency, if the State educational 
     agency operates the State's migrant education program or 
     projects directly; and
       ``(2) the term `migratory child' means a child who is, or 
     whose parent or guardian is, a migratory agricultural worker, 
     including a migratory dairy worker, or a migratory fisher, 
     and who, in the preceding 48 months, in order to obtain, or 
     accompany such parent or spouse in order to obtain, temporary 
     or seasonal employment in agricultural or fishing work--
       ``(A) has moved from one school district to another;
       ``(B) in a State that is comprised of a single school 
     district, has moved from one administrative area to another 
     within such district; or
       ``(C) resides in a school district of more than 15,000 
     square miles, and migrates a distance of 20 miles or more to 
     a temporary residence to engage in a fishing activity.

     ``SEC. 1403. STATE ALLOCATIONS.

       ``(a) State Allocations.--Each State (other than the 
     Commonwealth of Puerto Rico) is eligible to receive an 
     allocation under this part, for each fiscal year, in an 
     amount equal to--
       ``(1) the sum of the estimated number of migratory children 
     aged three through 21 who reside in the State full time and 
     the full-time equivalent of the estimated number of migratory 
     children aged three through 21 who reside in the State part 
     time, as determined in accordance with subsection (e); 
     multiplied by
       ``(2) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     paragraph shall not be less than 32 percent, or more than 48 
     percent, of the average per-pupil expenditure in the United 
     States.
       ``(b) Allocation to Puerto Rico.--For each fiscal year, the 
     amount for which the Commonwealth of Puerto Rico is eligible 
     under this section shall be equal to--
       ``(1) the number of migratory children in Puerto Rico, 
     determined under subsection (a)(1); multiplied by
       ``(2) the product of--
       ``(A) the percentage that the average per-pupil expenditure 
     in Puerto Rico is of the lowest average per-pupil expenditure 
     of any of the 50 States; and
       ``(B) 32 percent of the average per-pupil expenditure in 
     the United States.
       ``(c) Ratable Reductions; Reallocations.--
       ``(1) In general.--(A) If, after the Secretary reserves 
     funds under section 1408(c), the amount appropriated to carry 
     out this part for any fiscal year is insufficient to pay in 
     full the amounts for which all States are eligible, the 
     Secretary shall ratably reduce each such amount.
       ``(B) If additional funds become available for making such 
     payments for any fiscal year, the Secretary shall allocate 
     such funds to States in amounts that the Secretary determines 
     will best carry out the purpose of this part.
       ``(2) Special rule.--(A) The Secretary shall further reduce 
     the amount of any grant to a State under this part for any 
     fiscal year if the Secretary determines, based on available 
     information on the numbers and needs of migratory children in 
     the State and the program proposed by the State to address 
     those needs, that such amount is not needed by the State.
       ``(B) The Secretary shall reallocate such excess funds to 
     other States whose grants under this part would otherwise be 
     insufficient to provide an appropriate level of services to 
     migratory children, in such amounts as the Secretary 
     determines are appropriate.
       ``(d) Consortium Arrangements.--
       ``(1) In general.--In the case of any State that receives a 
     grant of $500,000 or less under this section, the Secretary 
     shall consult with the State educational agency to determine 
     whether consortium arrangements with another State or another 
     appropriate entity would result in delivery of services in a 
     more effective and efficient manner.
       ``(2) Proposals.--Any State, regardless of the amount of 
     such State's allocation, may submit a consortium arrangement 
     to the Secretary for approval.
       ``(3) Approval.--The Secretary shall approve a consortium 
     arrangement under paragraph (1) or (2) if the proposal 
     demonstrates that the arrangement will--
       ``(A) reduce administrative costs or program function costs 
     for State programs; and
       ``(B) make more funds available for direct services to add 
     substantially to the welfare or educational attainment of 
     children to be served under this part.
       ``(e) Determining Numbers of Eligible Children.--In order 
     to determine the estimated number of migratory children 
     residing in each State for purposes of this section, the 
     Secretary shall--
       ``(1) use such information as the Secretary finds most 
     accurately reflects the actual number of migratory children; 
     and
       ``(2) adjust the full-time equivalent number of migratory 
     children who reside in each State to take into account--
       ``(A) the special needs of those children participating in 
     special programs provided under this part that operate during 
     the summer or other intersession periods; and
       ``(B) the additional costs of operating such programs.

     ``SEC. 1404. STATE APPLICATIONS; SERVICES.

       ``(a) Application Required.--Any State wishing to receive a 
     grant under this part for any fiscal year shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may require.
       ``(b) Program Information.--Each such application shall 
     include--
       ``(1) a description of how, in planning, implementing, and 
     evaluating programs and projects assisted under this part, 
     the State and its local operating agencies will ensure that 
     the special educational needs of migratory children, 
     including preschool migratory children, are identified and 
     addressed through a comprehensive plan for needs assessment 
     and service delivery that meets the requirements of section 
     1406;
       ``(2) a description of the steps the State is taking to 
     provide all migratory students with the opportunity to meet 
     the same challenging State content standards and challenging 
     State student performance standards that all children are 
     expected to meet;
       ``(3) a description of how the State will use its funds to 
     promote interstate and intrastate coordination of services 
     for migratory children, including how, consistent with 
     procedures the Secretary may require, the State will provide 
     for educational continuity through the timely transfer of 
     pertinent school records, including information on health, 
     when children move from one school to another, whether or not 
     such move occurs during the regular school year;
       ``(4) a description of the State's priorities for the use 
     of funds received under this part, and how such priorities 
     relate to the State's assessment of needs for services in the 
     State; and
       ``(5) a description of how the State will determine the 
     amount of any subgrants the State will award to local 
     operating agencies and the amount of funds that such agencies 
     will provide to individual schools, taking into account the 
     requirements of paragraph (1).
       ``(c) Assurances.--Each such application shall also include 
     assurances, satisfactory to the Secretary, that--
       ``(1) such programs and projects will be carried out in a 
     manner consistent with the objectives of sections 1114, 
     1115(b), 1115(e), 1117, 1120(b), and 1120(c), and part G;
       ``(2) in the planning and operation of such programs and 
     projects at both the State and local operating agency level, 
     there is appropriate consultation with parent advisory 
     councils for programs of one school year in duration, and 
     that all such programs and projects are carried out, to the 
     extent feasible, in a manner consistent with section 1116;
       ``(3) the effectiveness of such programs and projects will 
     be determined, where feasible, using the same approaches and 
     standards that will be used to assess the performance of 
     students, schools, and local educational agencies under part 
     A; and
       ``(4) to the extent feasible, such programs and projects 
     will provide for--
       ``(A) advocacy and outreach activities for migratory 
     children and their families, including informing such 
     children and families of, or helping such children and 
     families gain access to, other education, health, nutrition, 
     and social services;
       ``(B) professional development programs, including 
     mentoring, for teachers and other program personnel;
       ``(C) family literacy programs, including such programs 
     that use models developed under Even Start;
       ``(D) the integration of information technology into 
     educational and related programs; and
       ``(E) programs to facilitate the transition of secondary 
     school students to postsecondary education or employment; and
       ``(5) the State will assist the Secretary in determining 
     the number of migratory children under section 1403(e), 
     through such procedures as the Secretary may require.
       ``(d) Priority for Services.--In providing services with 
     funds received under this part, each recipient of such funds 
     shall give priority to migratory children who are failing, or 
     most at risk of failing, to meet the State's challenging 
     State content standards and challenging State student 
     performance standards, and whose education has been 
     interrupted during the regular school year.
       ``(e) Continuation of Services.--Notwithstanding any other 
     provision of this part--
       ``(1) a child who ceases to be a migratory child during a 
     school term shall be eligible for services until the end of 
     such term; and
       ``(2) a child who is no longer a migratory child may 
     continue to receive services for one additional school year, 
     but only if comparable services are not available through 
     other programs.

     ``SEC. 1405. SECRETARIAL APPROVAL; PEER REVIEW.

       ``(a) Secretarial Approval.--The Secretary shall approve 
     each application under this part that meets the requirements 
     of this part.
       ``(b) Peer Review.--The Secretary may review any 
     application under this part with the assistance and advice of 
     State officials and other individuals with relevant 
     expertise.

     ``SEC. 1406. COMPREHENSIVE NEEDS ASSESSMENT AND SERVICE-
                   DELIVERY PLAN; AUTHORIZED ACTIVITIES.

       ``(a) Comprehensive Plan.--
       ``(1) In general.--Each State that receives assistance 
     under this part shall ensure that the State and its local 
     operating agencies identify and address the special 
     educational needs of migratory children in accordance with a 
     comprehensive State plan that--
       ``(A) provides that migratory children will have an 
     opportunity to meet the same challenging State content 
     standards and challenging State student performance 
     standards, set out in such plans, that all children are 
     expected to meet;
       ``(B) specifies measurable program goals and outcomes;
       ``(C) encompasses the full range of services that are 
     available for migratory children from appropriate local, 
     State and Federal educational programs;
       ``(D) is the product of joint planning among such local, 
     State, and Federal programs, including programs under part A, 
     early childhood programs, and bilingual education programs 
     under part A of title VII; and
       ``(E) provides for the integration of services available 
     under this part with services provided by such other 
     programs.
       ``(2) Duration of the plan.--Each such comprehensive State 
     plan shall--
       ``(A) remain in effect for the duration of the State's 
     participation under this part; and
       ``(B) be periodically reviewed and revised by the State, as 
     necessary, to reflect changes in the State's strategies and 
     programs under this part.
       ``(b) Authorized Activities.--
       ``(1) In general.--In implementing the comprehensive plan 
     described in subsection (a), each local operating agency 
     shall have the flexibility to determine the activities to be 
     provided with funds made available under this part, except 
     that--
       ``(A) before funds under this part are used to provide 
     services described in subparagraph (B), such funds shall be 
     used to meet the identified needs of migratory children 
     that--
       ``(i) result from the effects of their migratory lifestyle, 
     or are needed to permit migratory children to participate 
     effectively in school; and
       ``(ii) are not addressed by services provided under other 
     programs, including programs under part A;
       ``(B) all migratory children who are eligible to receive 
     services under part A shall receive such services with funds 
     provided under this part or under part A; and
       ``(C) funds received under this part shall be used only--
       ``(i) for programs and projects, including the acquisition 
     of equipment, in accordance with section 1406(b)(1); and
       ``(ii) to coordinate such programs and projects with 
     similar programs and projects within the State and in other 
     States, as well as with other Federal programs that can 
     benefit migratory children and their families.
       ``(2) Construction.--Nothing in this part shall be 
     construed to prohibit a local operating agency from serving 
     migrant students simultaneously with students with similar 
     educational needs, in the same educational settings where 
     appropriate.
       ``(3) Inapplicability.--This subsection shall not apply to 
     funds under this part that are used for schoolwide programs 
     under section 1114.

     ``SEC. 1407. BYPASS.

       ``The Secretary may use all or part of any State's 
     allocation under this part to make arrangements with any 
     public or nonprofit agency to carry out the purpose of this 
     part in such State if the Secretary determines that--
       ``(1) the State is unable or unwilling to conduct 
     educational programs for migratory children;
       ``(2) such arrangements would result in more efficient and 
     economic administration of such programs; or
       ``(3) such arrangements would add substantially to the 
     welfare or educational attainment of such children.

     ``SEC. 1408. COORDINATION OF MIGRANT EDUCATION ACTIVITIES.

       ``(a) Improvement of Coordination.--
       ``(1) In general.--The Secretary, in consultation with the 
     States, may make grants to, or enter into contracts with, 
     State educational agencies, local educational agencies, 
     institutions of higher education, and other public and 
     private entities to improve the interstate and intrastate 
     coordination among such agencies' educational programs, 
     including the establishment or improvement of programs for 
     credit accrual and exchange, available to migratory students.
       ``(2) Extension.--The Secretary may extend until January 1, 
     1996 the contract for the operation of the migrant student 
     record transfer system under section 1203(a)(2)(A) of this 
     Act (as such section was in existence on the day preceding 
     the date of enactment of the Improving America's Schools Act 
     of 1994).
       ``(b) Report.--Not later than October 1, 1995, the 
     Secretary shall submit a report to the Congress regarding the 
     effectiveness of methods used by States to transfer migratory 
     students' educational and health records.
       ``(c) Availability of Funds.--For the purpose of carrying 
     out this section in any fiscal year, the Secretary shall 
     reserve not more than $6,000,000 of the amount appropriated 
     to carry out this part for such year.
       ``(d) Incentive Grants.--From the amounts made available to 
     carry out this section, the Secretary may reserve not more 
     than $1,500,000 to award grants in amounts of not more than 
     $100,000 to each State educational agency entering into a 
     consortium agreement described in section 1403(d).

         ``PART E--EDUCATION FOR NEGLECTED AND DELINQUENT YOUTH

     ``SEC. 1501. PURPOSE; PROGRAM AUTHORIZED.

       ``(a) Purpose.--It is the purpose of this part to--
       ``(1) improve educational services to children in 
     institutions for neglected or delinquent children so that 
     such children have the opportunity to meet the same 
     challenging State content standards and challenging State 
     student performance standards that all children in the State 
     will be expected to meet; and
       ``(2) provide such children the services such children need 
     to make a successful transition from institutionalization to 
     further schooling or employment.
       ``(b) Program Authorized.--In order to carry out the 
     purpose of this part, the Secretary shall make grants to 
     State educational agencies to enable such State educational 
     agencies to award subgrants to State agencies to establish or 
     improve programs of education for neglected or delinquent 
     children in accordance with this part.

     ``SEC. 1502. ELIGIBILITY.

       ``A State agency is eligible for assistance under this part 
     if such State agency is responsible for providing free public 
     education for children--
       ``(1) in institutions for neglected or delinquent children;
       ``(2) attending community day programs for neglected or 
     delinquent children; or
       ``(3) in adult correctional institutions.

     ``SEC. 1503. ALLOCATION OF FUNDS.

        ``(a) Subgrants to State Agencies.--
       ``(1) In general.--Each State agency described in section 
     1502 (other than an agency in the Commonwealth of Puerto 
     Rico) is eligible to receive a subgrant under this part, for 
     each fiscal year, an amount equal to the product of--
       ``(A) the number of neglected or delinquent children 
     described in section 1502 who--
       ``(i) are enrolled for at least 15 hours per week in 
     education programs in adult correctional institutions; and
       ``(ii) are enrolled for at least 20 hours per week--

       ``(I) in education programs in institutions for neglected 
     or delinquent children; or
       ``(II) in community day programs for neglected or 
     delinquent children; and

       ``(B) 40 percent of the average per-pupil expenditure in 
     the State, except that the amount determined under this 
     paragraph shall not be less than 32 percent, or more than 48 
     percent, of the average per-pupil expenditure in the United 
     States.
       ``(2) Special rule.--The number of neglected or delinquent 
     children determined under paragraph (1) shall--
       ``(A) be determined by the State agency by a date or dates 
     set by the Secretary, except that no State agency shall be 
     required to determine the number of such children on a 
     specific date set by the Secretary; and
       ``(B) be adjusted, as the Secretary determines is 
     appropriate, to reflect the relative length of such agency's 
     annual programs.
       ``(b) Subgrants to State Agencies in Puerto Rico.--For each 
     fiscal year, the amount of the subgrant for which a State 
     agency in the Commonwealth of Puerto Rico is eligible under 
     this part shall be equal to--
       ``(1) the number of children counted under subsection 
     (a)(1) for Puerto Rico; multiplied by
       ``(2) the product of--
       ``(A) the percentage that the average per-pupil expenditure 
     in Puerto Rico is of the lowest average per-pupil expenditure 
     of any of the 50 States; and
       ``(B) 32 percent of the average per-pupil expenditure in 
     the United States.
       ``(c) Ratable Reductions in Case of Insufficient 
     Appropriations.--If the amount appropriated for any fiscal 
     year for subgrants under subsections (a) and (b) is 
     insufficient to pay the full amount for which all agencies 
     are eligible under such subsections, the Secretary shall 
     ratably reduce each such amount.
       ``(d) Payments to State Educational Agencies.--
       ``(1) In general.--The Secretary shall pay to each State 
     educational agency the total amount needed to make subgrants 
     to State agencies in that State, as determined under this 
     section.
       ``(2) Administrative expenses.--Each State educational 
     agency may retain a portion of such total amount for State 
     administration of, in accordance with section 1701(b).

     ``SEC. 1504. STATE REALLOCATION OF FUNDS.

       ``If a State educational agency determines that a State 
     agency does not need the full amount of the subgrant for 
     which such State agency is eligible under this part for any 
     fiscal year, the State educational agency may reallocate the 
     amount that will not be needed to other State agencies that 
     need additional funds to carry out the purpose of this part, 
     in such amounts as the State educational agency shall 
     determine.

     ``SEC. 1505. STATE PLAN AND STATE AGENCY APPLICATIONS.

       ``(a) State Plan.--
       ``(1) In general.--Each State educational agency that 
     desires to receive payments under this part shall submit, for 
     approval by the Secretary, a plan for meeting the needs of 
     neglected and delinquent children, which shall be revised and 
     updated as needed to satisfy the requirements of this 
     section.
       ``(2) Contents.--Each such State plan shall--
       ``(A) describe the program goals, objectives, and 
     performance measures established by the State that will be 
     used to assess the effectiveness of the program in improving 
     academic and vocational skills of children in the program;
       ``(B) provide that, to the extent feasible, such children 
     will have the same opportunities to learn as such children 
     would have if such children were in the schools of local 
     educational agencies in the State; and
       ``(C) contain assurances that the State educational agency 
     will--
       ``(i) ensure that programs assisted under this part will be 
     carried out in accordance with the State plan described in 
     this subsection; and
       ``(ii) carry out the evaluation requirements of section 
     1509 of this part.
       ``(3) Duration of the plan.--Each such State plan shall--
       ``(A) remain in effect for the duration of the State's 
     participation under this part; and
       ``(B) be periodically reviewed and revised by the State, as 
     necessary, to reflect changes in the State's strategies and 
     programs under this part.
       ``(b) Secretarial Approval; Peer Review.--
       ``(1) In general.--The Secretary shall approve each State 
     plan that meets the requirements of this part.
       ``(2) Peer review.--The Secretary may review any State plan 
     with the assistance and advice of individuals with relevant 
     expertise.
       ``(c) State Agency Applications.--Any State agency that 
     desires to receive funds to carry out a program under this 
     part shall submit an application to the State educational 
     agency that--
       ``(1) describes the procedures to be used, consistent with 
     the State plan under part A, to assess the educational needs 
     of the children to be served;
       ``(2) describes the program, including a budget for the 
     first year of the program, with annual updates to be provided 
     to the State educational agency;
       ``(3) describes how the program will meet the goals and 
     objectives of the State plan under this part;
       ``(4) describes how the State agency will consult with 
     experts and provide the necessary training for appropriate 
     staff, to ensure that the planning and operation of 
     institution-wide projects under section 1507 are of high 
     quality;
       ``(5) describes how the agency will carry out the 
     evaluation requirements of section 1509 and how the results 
     of the most recent evaluation were used to plan and improve 
     the program;
       ``(6) includes data showing that the State agency has 
     maintained fiscal effort as if such agency were a local 
     educational agency, in accordance with section 10501;
       ``(7) describes how the programs will be coordinated with 
     other State and Federal programs administered by the State 
     agency;
       ``(8) describes how appropriate professional development 
     will be provided to teachers and other staff; and
       ``(9) designates an individual in each affected institution 
     to be responsible for issues relating to the transition of 
     children from the institution to locally operated programs.

     ``SEC. 1506. USE OF FUNDS.

       ``(a) In General.--
       ``(1) In general.--A State agency shall use funds received 
     under this part only for programs and projects that--
       ``(A) are consistent with the State plan described in 
     section 1505(a); and
       ``(B) concentrate on providing participants with the 
     knowledge and skills needed to make a successful transition 
     to further education or employment.
       ``(2) Uses.--Such programs and projects--
       ``(A) may include the acquisition of equipment;
       ``(B) shall be designed to support educational services 
     that--
       ``(i) except for institution-wide projects under section 
     1507, are provided to children identified by the State agency 
     as failing, or most at risk of failing, to meet the State's 
     challenging State content standards and challenging State 
     student performance standards;
       ``(ii) supplement and improve the quality of the 
     educational services provided to such children by the State 
     agency; and
       ``(iii) afford such children an opportunity to learn such 
     standards;
       ``(C) shall be carried out in a manner consistent with 
     section 1120(b) and part G; and
       ``(D) may include the costs of meeting the evaluation 
     requirements of section 1509.
       ``(b) Supplement, Not Supplant.--A program under this part 
     that supplements the number of hours of instruction students 
     receive from State and local sources shall be considered to 
     comply with the `supplement, not supplant' requirement of 
     section 1120(b) without regard to the subject areas in which 
     instruction is given during those hours.

     ``SEC. 1507. INSTITUTION-WIDE PROJECTS.

       ``(a) Projects Authorized.--A State agency that provides 
     free public education for children in an institution for 
     neglected or delinquent children (other than an adult 
     correctional institution) or attending a community-day 
     program for such children may use funds received under this 
     part to serve all children in, and upgrade the entire 
     educational effort of, that institution or program if the 
     State agency has developed, and the State educational agency 
     has approved, a comprehensive plan for that institution or 
     program that--
       ``(1) provides for a comprehensive assessment of the 
     educational needs of all individuals under the age of 21 in 
     the institution or program;
       ``(2) describes the steps the State agency has taken, or 
     will take, to provide all children under age 21 with the 
     opportunity to meet challenging State content standards and 
     challenging State student performance standards in order to 
     improve the likelihood that such children will complete 
     secondary school and find employment after leaving the 
     institution;
       ``(3) describes the instructional program, pupil services, 
     and procedures that will be used to meet the needs described 
     in paragraph (1), including, to the extent feasible, the 
     provision of mentors for students;
       ``(4) specifically describes how such funds will be used;
       ``(5) describes the measures and procedures that will be 
     used to assess student progress;
       ``(6) describes how the agency has planned, and will 
     implement and evaluate, the institution-wide or program-wide 
     project in consultation with personnel providing direct 
     instructional services and support services in institutions 
     or community-day programs for neglected or delinquent 
     children and personnel from the State educational agency; and
       ``(7) includes an assurance that the State agency has 
     provided for appropriate training to teachers and other 
     instructional and administrative personnel to enable such 
     teachers and personnel to carry out the project effectively.
       ``(b) Projects Required.--Beginning with school year 1996-
     1997, a State agency described in subsection (a) shall use 
     funds received under this part only for institution-wide 
     projects described in that subsection, except as provided in 
     section 1510.

     ``SEC. 1508. THREE-YEAR PROJECTS.

       ``If a State agency operates a program or project under 
     this part in which individual children are likely to 
     participate for more than one year, the State educational 
     agency may approve the State agency's application for a 
     subgrant under this part for a period of not more than three 
     years.

     ``SEC. 1509. PROGRAM EVALUATIONS.

       ``(a) Scope of Evaluation.--Each State agency that conducts 
     a program or project under this part shall evaluate the 
     program or project at least once every three years, 
     disaggregating data on participants by sex, and if feasible, 
     race, ethnicity or age, to determine the program or project's 
     impact on the ability of participants to--
       ``(1) maintain and improve educational achievement;
       ``(2) accrue school credits that meet State requirements 
     for grade promotion and secondary school graduation;
       ``(3) make the transition to a regular program or other 
     education program operated by a local educational agency; and
       ``(4) complete secondary school and obtain employment after 
     participants leave the institution.
       ``(b) Evaluation Measures.--In conducting each such 
     evaluation with respect to subsection (a)(1), a State agency 
     shall use multiple and appropriate measures of student 
     progress.
       ``(c) Evaluation Results.--Each State agency shall--
       ``(1) submit the results of each evaluation under this 
     section to the State educational agency; and
       ``(2) use the results of evaluations under this section to 
     plan and improve subsequent programs for participating 
     children.

     ``SEC. 1510. TRANSITION SERVICES.

       ``(a) Transition Services.--Each State agency may reserve 
     not more than 10 percent of the amount such agency receives 
     under this part for any fiscal year to support projects that 
     facilitate the transition of children from State-operated 
     institutions for neglected and delinquent children into 
     locally operated programs.
       ``(b) Conduct of Projects.--A project supported under this 
     section may be conducted directly by the State agency, or 
     through a contract or other arrangement with one or more 
     local educational agencies, other public agencies, or private 
     nonprofit organizations.
       ``(c) Limitation.--Any funds reserved under subsection (a) 
     shall be used only to provide special educational services, 
     which may include pupil services and mentoring, to neglected 
     and delinquent children in schools other than State-operated 
     institutions.
       ``(d) Construction.--Nothing in this section shall be 
     construed to prohibit a school that receives funds under 
     subsection (a) from serving neglected and delinquent children 
     simultaneously with students with similar educational needs, 
     in the same educational settings where appropriate.

     ``SEC. 1511. DEFINITIONS.

       ``For the purpose of this part--
       ``(1) the term `adult correctional institution' means a 
     facility in which persons are confined as a result of a 
     conviction for a criminal offense, including persons under 21 
     years of age;
       ``(2) the term `community day program' means a regular 
     program of instruction provided by a State agency at a 
     community day school operated specifically for neglected or 
     delinquent children;
       ``(3) the term `institution for delinquent children' means 
     a public or private residential facility for the care of 
     children who have been adjudicated to be delinquent or in 
     need of supervision; and
       ``(4) the term `institution for neglected children' means a 
     public or private residential facility, other than a foster 
     home, that is operated for the care of children who have been 
     committed to the institution or voluntarily placed in the 
     institution under applicable State law, due to abandonment, 
     neglect, or death of their parents or guardians.

            ``PART F--FEDERAL EVALUATIONS AND DEMONSTRATIONS

     ``SEC. 1601. EVALUATIONS.

       ``(a) National Assessment.--
       ``(1) In general.--The Secretary shall conduct a national 
     assessment of programs assisted under this title, in 
     coordination with the ongoing Chapter 1 Longitudinal Study 
     under subsection (c) of this section, that shall be planned, 
     reviewed, and conducted in consultation with an independent 
     panel of researchers, State practitioners, local 
     practitioners, and other appropriate individuals.
       ``(2) Examination.--The assessment shall examine how well 
     schools, local educational agencies, and States--
       ``(A) are progressing toward the goal of all children 
     served under this title reaching the State's challenging 
     State content standards and challenging State student 
     performance standards; and
       ``(B) are accomplishing the purpose set forth in section 
     1001(d) to achieve the goal described in paragraph (1), 
     including--
       ``(i) ensuring challenging State content standards and 
     challenging State student performance standards for all 
     children served under this title and aligning the efforts of 
     States, local educational agencies, and schools to help such 
     children reach such standards;
       ``(ii) providing children served under this title an 
     enriched and accelerated educational program through 
     schoolwide programs or through additional services that 
     increase the amount and quality of instructional time that 
     such children receive;
       ``(iii) promoting schoolwide reform and access for all 
     children served under this title to effective instructional 
     strategies and challenging academic content;
       ``(iv) significantly upgrading the quality of the 
     curriculum and instruction by providing staff in 
     participating schools with substantial opportunities for 
     professional development;
       ``(v) coordinating services provided under all parts of 
     this title with each other, with other educational and pupil 
     services, including preschool services, and, to the extent 
     feasible, with health and social service programs funded from 
     other sources;
       ``(vi) affording parents of children served under this 
     title meaningful opportunities to participate in the 
     education of their children at home and at school;
       ``(vii) distributing resources to areas where needs are 
     greatest;
       ``(viii) improving accountability, as well as teaching and 
     learning, by making assessments under this title congruent 
     with State assessment systems; and
       ``(ix) providing greater decisionmaking authority and 
     flexibility to schools in exchange for greater responsibility 
     for student performance.
       ``(3) NAEP information.--Where feasible, the Secretary 
     shall use information gathered by the National Assessment of 
     Educational Progress in carrying out this subsection.
       ``(4) Interim and final reports.--The Secretary shall 
     submit an interim report summarizing the preliminary findings 
     of the assessment to the President and the appropriate 
     committees of the Congress and a final report of the findings 
     of the assessment by January 1, 1998.
       ``(b) Studies and Data Collection.--
       ``(1) In general.--The Secretary may collect such data, as 
     necessary, at the State, local, and school levels and conduct 
     studies and evaluations, including national studies and 
     evaluations, to assess on an ongoing basis the effectiveness 
     of programs under this title and to report on such 
     effectiveness on a periodic basis.
       ``(2) Minimum information.--At a minimum, the Secretary 
     shall collect trend information on the effect of programs 
     under this title. Such data shall complement the data 
     collected and reported under subsections (a) and (c).
       ``(c) National Longitudinal Study.--
       ``(1) In general.--The Secretary shall carry out an ongoing 
     evaluation of the program assisted under part A of title I in 
     order to provide the public, the Congress, and educators 
     involved in such program, an accurate description of the 
     short- and long-term effectiveness of such program and to 
     provide information that can be used to improve such 
     program's effectiveness in enabling students to meet high 
     State content standards and State student performance 
     standards, graduate from secondary school, and make 
     successful transitions to postsecondary education and work. 
     Such evaluation shall--
       ``(A) have a longitudinal design that tracks cohorts of 
     students within schools of differing poverty concentrations 
     for at least 3 years which, when the cohorts are taken as a 
     whole, provides a picture of such program's effectiveness 
     over the elementary and secondary grades;
       ``(B) be separate and independent from State and local 
     assessments an evaluations required under this part and 
     consistent with measuring the achievement of students to 
     relative to high State content standards and State student 
     performance standards;
       ``(C) utilize the highest available content standards that 
     are generally accepted as national in scope;
       ``(D) provide information on all students, students served 
     under this part, and, if funds are sufficient, information on 
     students from low-income families, limited-English proficient 
     students, and students with disabilities; and
       ``(E) when feasible, collect, cross-tabulate, and report 
     data by sex within race or ethnicity and socioeconomic 
     status.
       ``(2) Use.--The Secretary shall use the results of the 
     evaluation described in paragraph (1) as part of the national 
     assessment required by subsection (a) and shall report the 
     data from such evaluation to the Congress and the public at 
     least as frequently as reports are made under subsection 
     (a)(4).
       ``(d) Developmentally Appropriate Measures.--In conducting 
     the national assessment under subsection (a) and the national 
     longitudinal study under subsection (b), the Secretary shall 
     use developmentally appropriate measures to assess student 
     performance and progress.
       ``(e) Study on Estimating State Child Poverty Counts.--The 
     Secretary shall--
       ``(1) conduct a study to determine whether a feasible 
     method exists for producing reliable estimates, between 
     decennial census counts, of the number of school-aged 
     children living in poverty by State in each of the 50 States, 
     the District of Columbia, and the Commonwealth of Puerto 
     Rico; and
       ``(2) use such a method, if one exists, to provide the 
     Congress with such estimates.

     ``SEC. 1602. DEMONSTRATIONS OF INNOVATIVE PRACTICES.

       ``(a) Demonstration Programs To Improve Achievement.--
       ``(1) In general.--From the funds appropriated for any 
     fiscal year under section 1002(g)(2), the Secretary may make 
     grants to State educational agencies, local educational 
     agencies, other public agencies, nonprofit organizations, and 
     consortia of such entities to carry out demonstration 
     projects that show the most promise of enabling children 
     served under this title to meet challenging State content 
     standards and challenging State student performance 
     standards. Such projects shall include promising strategies 
     such as--
       ``(A) accelerated curricula, the application of new 
     technologies to improve teaching and learning, extended 
     learning time, and a safe and enriched full-day environment 
     for children to provide children the opportunity to reach 
     such standards;
       ``(B) coordinated pupil services programs;
       ``(C) integration of education services with each other and 
     with health, family, and other social services, particularly 
     in empowerment zones and enterprise communities;
       ``(D) effective approaches to whole school reform;
       ``(E) programs that have been especially effective with 
     limited-English proficient children, migratory children and 
     other highly mobile students, children leaving institutions 
     for neglected or delinquent children and returning to school, 
     and homeless children and youth; and
       ``(F) programs which are especially effective in 
     recruiting, inducting and retraining highly qualified 
     teachers for service in schools with low student achievement.
       ``(2) Evaluation.--The Secretary shall evaluate the 
     demonstration projects supported under this title, using 
     rigorous methodological designs and techniques, including 
     control groups and random assignment, to the extent feasible, 
     to produce reliable evidence of effectiveness.
       ``(b) Partnerships.--From funds appropriated under section 
     1002(g)(2) for any fiscal year, the Secretary may, directly 
     or through grants or contracts, work in partnership with 
     State educational agencies, local educational agencies, other 
     public agencies, and nonprofit organizations to disseminate 
     and use the highest quality research and knowledge about 
     effective practices to improve the quality of teaching and 
     learning in schools assisted under this title.

                      ``PART G--GENERAL PROVISIONS

     ``SEC. 1701. FEDERAL REGULATIONS.

       ``(a) In General.--The Secretary is authorized to issue 
     such regulations as are considered necessary to reasonably 
     ensure that there is compliance with the specific 
     requirements and assurances required by this title.
       ``(b) Procedure.--
       ``(1) In general.--Prior to publishing proposed regulations 
     pursuant to this title, the Secretary shall convene regional 
     meetings which shall provide input to the Secretary on the 
     content of proposed regulations. Such meetings shall include 
     representatives of Federal, State, and local administrators, 
     parents, teachers, and members of local boards of education 
     involved with implementation of programs under this title.
       ``(2) Proposed regulations.--Subsequent to regional 
     meetings and prior to publishing proposed regulations in the 
     Federal Register, the Secretary shall prepare draft 
     regulations and submit regulations on a minimum of 4 key 
     issues to a modified negotiated rulemaking process as a 
     demonstration of such process. The modified process shall 
     waive application of the Federal Advisory Committee Act, but 
     shall otherwise follow the guidance provided in the 
     Administrative Conference of the United States in 
     Recommendation 82-4, ``Procedures for Negotiating Proposed 
     Regulations'' (47 Fed. Reg. 30708, June 18, 1982) and any 
     successor regulation. Participants in the demonstration shall 
     be chosen by the Secretary from among participants in the 
     regional meetings, representing the groups described in 
     paragraph (1) and all geographic regions. The demonstration 
     shall be conducted in a timely manner.
       ``(3) Emergency situation.--In an emergency situation in 
     which regulations pursuant to this title must be issued 
     within a very limited time to assist State and local 
     educational agencies with the operation of the program, the 
     Secretary may issue a regulation without such prior 
     consultation, but shall immediately thereafter convene 
     regional meetings to review the emergency regulation prior to 
     issuance in final form.
       ``(c) Limitation.--Programs under this title may not be 
     required to follow any 1 instructional model, such as the 
     provision of services outside the regular classroom or school 
     program.

     ``SEC. 1702. STATE ADMINISTRATION.

       ``(a) Rulemaking.--
       ``(1) In general.--Each State that receives funds under 
     this title shall--
       ``(A) ensure that any State rules, regulations, and 
     policies relating to this title conform to the purposes of 
     this title;
       ``(B) minimize such rules, regulations, and policies to 
     which their local educational agencies and schools are 
     subject; and
       ``(C) identify any such rule, regulation, or policy as a 
     State-imposed requirement.
       ``(2) Special rule.--State rules, regulations, and policies 
     under this title shall support and facilitate local 
     educational agency and school-level systemic reform designed 
     to enable all children to meet the State's challenging State 
     content standards and challenging State student performance 
     standards.
       ``(b) Payment for State Administration.--Each State may 
     reserve for the proper and efficient performance of such 
     State's duties under this title, the greater of--
       ``(1)(A) 1.00 percent of the funds appropriated to carry 
     out subsections (a), (c), (d), and (e) of section 1002 for 
     fiscal year 1995 and each succeeding fiscal year not 
     described in subparagraph (B) or (C);
       ``(B) 1.25 percent of the funds appropriated to carry out 
     such subsections for any fiscal year after fiscal year 1995 
     for which the funds appropriated to carry out such 
     subsections exceeds by more than $500,000,000 but less than 
     $1,000,000,000 the funds appropriated to carry out such 
     subsections for fiscal year 1995; or
       ``(C) 1.50 percent of the funds appropriated to carry out 
     such subsections for any fiscal year after fiscal year 1995 
     for which the funds appropriated to carry out such 
     subsections exceeds by $1,000,000,000 the funds appropriated 
     to carry out such subsections for fiscal year 1995;
       ``(2) except as provided in paragraph (3)--
       ``(A) $375,000 for fiscal year 1995 and each succeeding 
     fiscal year not described in subparagraph (B) or (C);
       ``(B) $470,000 for any fiscal year after fiscal year 1995 
     for which the funds appropriated to carry out such 
     subsections exceeds by more than $500,000,000 but less than 
     $1,000,000,000 the funds appropriated to carry out such 
     subsections for fiscal year 1995; or
       ``(C) $565,000 for any fiscal year after fiscal year 1995 
     for which the funds appropriated to carry out such 
     subsections exceeds by $1,000,000,000 the funds appropriated 
     to carry out such subsections for fiscal year 1995; or
       ``(3) in the case of an outlying area--
       ``(A) $50,000 for fiscal year 1995 and each succeeding 
     fiscal year not described in subparagraph (B) or (C);
       ``(B) $65,000 for any fiscal year after fiscal year 1995 
     for which the funds appropriated to carry out such 
     subsections exceeds by more than $500,000 but less than 
     $1,000,000,000 the funds appropriated to carry out such 
     subsections for fiscal year 1995; and
       ``(C) $80,000 for any fiscal year after fiscal year 1995 
     for which the funds appropriated to carry out such 
     subsections exceeds by $1,000,000,000 the funds appropriated 
     to carry out such subsections for fiscal year 1995.
       ``(c) Payment for School Improvement.--Each State may 
     reserve for the proper and efficient performance of its 
     duties under subsections (b)(5) and (c) of section 1118, and 
     section 1119, the greater of--
       ``(1) .75 percent of the funds received under subsections 
     (a), (c), (d), (e), and (f) of section 1002;
       ``(2) except as provided in paragraph (3), $245,000; or
       ``(3) in the case of an outlying area, $40,000.
       ``(d) Federal Funds To Supplement, Not Supplant, Non-
     Federal Funds.--
       ``(1) In general.--(A) Except as provided in subparagraph 
     (B), a State or local educational agency shall use funds 
     received under this part only to supplement the amount of 
     funds that would, in the absence of such Federal funds, be 
     made available from non-Federal sources for the education of 
     pupils participating in programs assisted under this part, 
     and not to supplant such funds.
       ``(B) For the purpose of complying with subparagraph (A), a 
     State or local educational agency may exclude supplemental 
     State and local funds expended in any eligible school 
     attendance area or school for programs that meet the 
     requirements of section 1114 or 1115.
       ``(2) Special rule.--No local educational agency shall be 
     required to provide services under this part through a 
     particular instructional method or in a particular 
     instructional setting in order to demonstrate its compliance 
     with paragraph (1).

     ``SEC. 1703. CONSTRUCTION.

       ``(a) Prohibition of Federal Mandates, Direction or 
     Control.--Nothing in this title shall be construed to 
     authorize an officer or employee of the Federal Government to 
     mandate, direct, or control a State, local educational 
     agency, or school's specific instructional content or pupil 
     performance standards and assessments, curriculum, or program 
     of instruction as a condition of eligibility to receive funds 
     under this title.
       ``(b) Equalized Spending.--Nothing in this title shall be 
     construed to mandate equalized spending per pupil for a 
     State, local educational agency, or school.
       ``(c) Building Standards.--Nothing in this title shall be 
     construed to mandate national school building standards for a 
     State, local educational agency, or school.
              ``TITLE II--IMPROVING TEACHING AND LEARNING

    ``PART A--DWIGHT D. EISENHOWER PROFESSIONAL DEVELOPMENT PROGRAM

     ``SEC. 2101. FINDINGS.

       ``The Congress finds as follows:
       ``(1) Reaching the third National Education Goal (all 
     students will demonstrate mastery of challenging subject 
     matter in the core academic subjects) and the fifth National 
     Education Goal (United States students will become first in 
     the world in mathematics and science achievement) requires a 
     comprehensive educational reform strategy that involves 
     parents, schools, government, communities, and other public 
     and private organizations at all levels.
       ``(2) A crucial component of the strategy for achieving 
     these two goals is ensuring, through sustained and intensive 
     high-quality professional development, that all teachers can 
     provide challenging learning experiences in the core academic 
     subjects for their students.
       ``(3) The potential positive impact of high-quality 
     professional development is underscored by recent research 
     findings that--
       ``(A) professional development must be focused on teaching 
     and learning in order to change the opportunities of all 
     students to achieve higher standards;
       ``(B) effective professional development focuses on 
     discipline-based knowledge and effective subject-specific 
     pedagogical skills, involves teams of teachers, 
     administrators, and pupil services personnel in a school and, 
     through professional networks of teachers, administrators, 
     pupil services personnel, and parents is interactive and 
     collaborative, motivates by its intrinsic content and 
     relationship to practice, builds on experience and learning-
     by-doing, and becomes incorporated into the everyday life of 
     the school;
       ``(C) professional development can dramatically improve 
     classroom instruction and learning when teachers, 
     administrators, pupil services personnel, and parents are 
     partners in the development and implementation of such 
     professional development; and
       ``(D) new and innovative strategies for teaching to high 
     standards will require time for teachers, outside of the time 
     spent teaching, for instruction, practice, and collegial 
     collaboration.
       ``(4) Special attention must be given in professional 
     development activities to ensure that education professionals 
     are knowledgeable of, and make use of, strategies for serving 
     populations that historically have lacked access to equal 
     opportunities for advanced learning and career advancement.
       ``(5) Professional development activities must prepare 
     teachers, pupil services personnel, paraprofessionals and 
     other staff in intervention strategies to--
       ``(A) alleviate the need, and inappropriate referral, for 
     special education services; and
       ``(B) prepare staff to work collaboratively to educate 
     students with disabilities placed into general education 
     settings, consistent with such student's individualized 
     education program.
       ``(6) Professional development activities, designed in 
     cooperation with parents, that focus on the complex social, 
     emotional and mental health needs of children which may 
     impede learning, can help teachers, administrators, and pupil 
     services personnel assist children in overcoming barriers to 
     academic success.
       ``(7) Professional development is often a victim of budget 
     reductions in fiscally difficult times.
       ``(8) There are few incentives or sanctions operating to 
     encourage teachers and administrators to work to prepare 
     themselves to be more effective or to participate in 
     challenging and effective professional development 
     activities.
       ``(9) Parental involvement is an important aspect of school 
     reform and improvement. There is a need for special attention 
     to ensure the effective involvement of parents in the 
     education of their children. Professional development should 
     include methods and strategies to better prepare teachers and 
     administrators in involving parents. Programs are needed to 
     provide parents the training and development necessary to 
     enable parents to participate fully and effectively in their 
     children's education.
       ``(10) The Federal Government has a vital role in helping 
     to make sustained and intensive high-quality professional 
     development in the core academic subjects become an integral 
     part of the elementary and secondary education system.

     ``SEC. 2102. PURPOSES.

       ``It is the purpose of this part--
       ``(1) to help ensure that teachers, other staff, and 
     administrators have access to high-quality professional 
     development that is aligned to challenging State content 
     standards and challenging State student performance standards 
     and to support the development and implementation of 
     sustained and intensive high-quality professional development 
     activities in the core academic subjects; and
       ``(2) to help ensure that teachers, administrators, other 
     staff, pupil services personnel, and parents have access to 
     professional development that--
       ``(A) is tied to challenging State content standards and 
     challenging State student performance standards;
       ``(B) reflects recent research on teaching and learning;
       ``(C) includes strong academic content and pedagogical 
     components;
       ``(D) incorporates effective strategies, techniques, 
     methods, and practices for meeting the educational needs of 
     diverse student populations, including females, minorities, 
     individuals with disabilities, limited-English proficient 
     individuals, and economically disadvantaged individuals, in 
     order to ensure that all students have the opportunity to 
     achieve challenging State student performance standards;
       ``(E) is of sufficient intensity and duration to have a 
     positive and lasting impact on the teacher's performance in 
     the classroom; and
       ``(F) is part of the everyday life of the school and 
     creates an orientation toward continuous improvement 
     throughout the school.

     ``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS; ALLOCATION 
                   BETWEEN SUBPARTS.

       ``(a) Authorization of Appropriations.--For the purpose of 
     carrying out this part, there are authorized to be 
     appropriated $800,000,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the 4 succeeding fiscal 
     years.
       ``(b) Allocation Between Subparts.--Of the amounts 
     appropriated to carry out this part for any fiscal year the 
     Secretary shall make available--
       ``(1) 5 percent of such amounts to carry out subpart 1, of 
     which 10 percent of such 5 percent shall be available to 
     carry out section 2114;
       ``(2) 93.75 percent of such amounts to carry out subpart 2; 
     and
       ``(3) 1.25 percent of such amounts to carry out subpart 3.

                    ``Subpart 1--Federal Activities

     ``SEC. 2111. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to make 
     grants to, and enter into contracts and cooperative 
     agreements with, local educational agencies, educational 
     service agencies, State educational agencies, State agencies 
     for higher education, institutions of higher education, and 
     other public and private agencies, organizations, and 
     institutions to--
       ``(1) support activities of national significance that the 
     Secretary determines will contribute to the development and 
     implementation of high-quality professional development 
     activities in the core academic subjects; and
       ``(2) evaluate activities carried out under this subpart 
     and subpart 2 in accordance with section 10701.
       ``(b) Requirements.--In carrying out the activities 
     described in subsection (a), the Secretary shall coordinate 
     professional development programs within the Department, 
     particularly with those programs within the Office of 
     Educational Research and Improvement, and shall consult and 
     coordinate with the National Science Foundation, the National 
     Endowment for the Humanities, the National Endowment for the 
     Arts, the Institute of Museum Services, and other appropriate 
     Federal agencies and entities.

     ``SEC. 2112. AUTHORIZED ACTIVITIES.

       ``The Secretary shall use funds available to carry out this 
     subpart for activities that help meet the purposes of this 
     part, such as--
       ``(1) providing seed money to the entities described in 
     section 2111(a) to develop the capacity of such entities to 
     offer sustained and intensive high-quality professional 
     development;
       ``(2) professional development institutes that provide 
     teams of teachers, or teachers, administrators, pupil 
     services personnel and other staff, from individual schools, 
     with professional development that contains strong and 
     integrated disciplinary and pedagogical components;
       ``(3) encouraging the development of local and national 
     professional networks, including the Teacher Research 
     Dissemination Demonstration Program under section 941(j) of 
     the Educational Research, Development, Dissemination, and 
     Improvement Act of 1994, that provide a forum for interaction 
     among teachers of the core academic subjects and that allow 
     the exchange of information on advances in content and 
     pedagogy;
       ``(4) supporting the National Board for Professional 
     Teaching Standards;
       ``(5) the development and dissemination of teaching 
     standards in the core academic subjects;
       ``(6) the development of exemplary methods of assessing 
     teachers, other staff, and administrators for licensure and 
     certification;
       ``(7) the dissemination of models of high-quality 
     professional development activities that train educators in 
     strategies, techniques, methods, and practices for meeting 
     the educational needs of historically underserved 
     populations, including females, minorities, individuals with 
     disabilities, limited-English proficient individuals, and 
     economically disadvantaged individuals, in order to ensure 
     that all students have the opportunity to achieve challenging 
     State student performance standards;
       ``(8) activities that promote the transferability of 
     licensure and certification of teachers and administrators 
     among State and local jurisdictions;
       ``(9) the development and testing of incentive strategies 
     for motivating teachers, administrators, and pupil services 
     personnel to help increase their effectiveness through 
     professional development focused on teaching and learning and 
     giving all students the opportunity to learn to challenging 
     State content standards and challenging State student 
     performance standards;
       ``(10) the development of innovative intervention 
     strategies to--
       ``(A) alleviate the need, and inappropriate referral, for 
     special education services; and
       ``(B) prepare general education and special education 
     teachers, paraprofessionals and pupil services personnel in 
     effective integration of students with disabilities into 
     general education settings, consistent with such student's 
     individualized education program;
       ``(11) encouraging the development of innovative models for 
     recruitment, induction, retention and assessment of new, 
     highly qualified teachers, especially such teachers from 
     historically underrepresented groups;
       ``(12) the dissemination of information about voluntary 
     national content standards and voluntary national performance 
     standards and related models of high-quality professional 
     development;
       ``(13) the development and maintenance of a national 
     clearinghouse for such core academic subjects as the 
     Secretary determines are needed;
       ``(14) joint activities with other Federal agencies and 
     entities engaged in or supporting similar professional 
     development efforts;
       ``(15) the evaluation of programs under this subpart and 
     subpart 2 in accordance with section 10701; and
       ``(16) the development of programs which prepare teachers 
     to incorporate environmental education in the core academic 
     subjects.

     ``SEC. 2113. EISENHOWER NATIONAL CLEARINGHOUSE FOR 
                   MATHEMATICS AND SCIENCE EDUCATION.

       ``(a) Clearinghouse Authorized.--The Secretary, in 
     consultation with the Director of the National Science 
     Foundation, may award a grant or contract to establish an 
     Eisenhower National Clearinghouse for Mathematics and Science 
     Education (hereafter in this section referred to as the 
     `Clearinghouse').
       ``(b) Application and Award Basis.--Each entity desiring to 
     establish and operate the Clearinghouse authorized by this 
     section shall submit an application to the Secretary at such 
     time, in such manner and accompanied by such information as 
     the Secretary may reasonably require. The grant or contract 
     awarded pursuant to paragraph (1) shall be made on a 
     competitive, merit basis.
       ``(c) Duration.--The grant or contract awarded under this 
     section shall be awarded for a period of 5 years and shall be 
     reviewed by the Secretary not later than 30 months from the 
     date the grant or contract is awarded.
       ``(d) Use of Funds.--The grant or contract awarded under 
     this section shall be used to--
       ``(1) maintain a permanent repository of mathematics and 
     science education instructional materials and programs for 
     elementary and secondary schools, including middle schools 
     (including, to the extent practicable, all materials and 
     programs developed with Federal and non-Federal funds, such 
     as instructional materials developed by the Department, 
     materials developed by State and national mathematics and 
     science programs assisted under this part, and other 
     instructional materials) for use by the regional consortiums 
     established under subpart 2 of part C and by the general 
     public;
       ``(2) compile information on all mathematics and science 
     education programs administered by each Federal agency or 
     department;
       ``(3) disseminate information, programs, and instructional 
     materials to the public, dissemination networks, and the 
     regional consortiums under subpart 2 of part C;
       ``(4) coordinate with identifiable and existing data bases 
     containing mathematics and science curriculum and 
     instructional materials, including Federal, non-Federal and, 
     where feasible, international data bases;
       ``(5) participate in collaborative meetings of 
     representatives of the Clearinghouse and the regional 
     consortiums under subpart 2 of part C to discuss issues of 
     common interest and concern, to foster effective 
     collaboration and cooperation in acquiring and distributing 
     curriculum materials and programs, and to coordinate computer 
     network access to the Clearinghouse and the resources of the 
     regional consortiums, except that not more than 3 percent of 
     the funds awarded under this section shall be used to carry 
     out this paragraph; and
       ``(6) gather qualitative and evaluative data on submissions 
     to the Clearinghouse.
       ``(e) Submission to Clearinghouse.--Each Federal agency or 
     department which develops mathematics or science education 
     instructional material or programs, including the National 
     Science Foundation and the Department, shall submit to the 
     Clearinghouse copies of such material or programs.
       ``(f) Peer Review.--The Secretary shall establish a peer 
     review process to select the recipient of the award under 
     this subsection.
       ``(g) Steering Committee.--The Secretary may appoint a 
     steering committee to recommend policies and activities for 
     the Clearinghouse.
       ``(h) Application of Copyright Laws.--Nothing in this 
     section shall be construed to allow the use or copying, in 
     any media, of any material collected by the Clearinghouse 
     that is protected under the copyright laws of the United 
     States unless the permission of the owner of the copyright is 
     obtained. The Clearinghouse, in carrying out the provisions 
     of this subsection, shall ensure compliance with title 17, 
     United States Code.
       ``(i) Dissemination of Information.--The Secretary shall 
     disseminate information concerning the grant or contract 
     awarded under this section to State and local educational 
     agencies and institutions of higher education. Such 
     dissemination of information shall include examples of 
     exemplary national programs in mathematics and science 
     instruction and necessary technical assistance for the 
     establishment of similar programs.

     ``SEC. 2114. NATIONAL TEACHER TRAINING PROJECT.

       ``(a) Short Title; Findings; Definitions.--
       ``(1) Short title.--This section may be cited as the 
     `National Teacher Training Project Act of 1994'.
       ``(2) Findings.--The Congress finds that--
       ``(A) teachers must be major players in educational reform 
     in the United States;
       ``(B) teachers are isolated from their peers and have 
     virtually no time during the school day to consult with other 
     teachers;
       ``(C) there is a shortage of sustained, year-round 
     professional development programs for teachers;
       ``(D) successful teaching methods are not adequately shared 
     among teachers;
       ``(E) teachers are the best teachers of other teachers 
     because practicing classroom teachers have experience that no 
     outside consultant can match;
       ``(F) it is important for universities and schools to 
     collaborate on teacher development programs if teaching and 
     learning are to be improved;
       ``(G) pertinent research is not shared among teachers in a 
     professional setting;
       ``(H) exemplary teachers should be recognized for their 
     abilities and contributions and encouraged to refine their 
     teaching methods;
       ``(I) each State should support a nationally based teacher 
     training program that is modeled after the National Writing 
     Project for teachers of the core academic subjects, including 
     early childhood education, mathematics, science, English, 
     civics and government, foreign languages, and arts;
       ``(J) the National Writing Project is a nationally 
     recognized and honored nonprofit organization that recognizes 
     there are teachers in every region of the United States who 
     have developed successful methods for teaching writing and 
     that such teachers can be trained and encouraged to train 
     other teachers;
       ``(K) the National Writing Project is a collaborative 
     university-school program which offers summer and school year 
     inservice teacher training programs and a dissemination 
     network to inform and teach teachers regarding developments 
     in the field of writing;
       ``(L) each year over 125,000 teachers voluntarily seek 
     training in National Writing Project intensive summer 
     institutes and workshops and school year inservice programs 
     through 1 of the 155 sites located within the United States, 
     and in 18 sites located outside of the United States;
       ``(M) in the 20 years of its existence, over 1,100,000 
     teachers, administrators and parents have participated in 
     National Writing Project programs;
       ``(N) less than $16 per teacher was the average cost in 
     Federal dollars for all teacher training at writing projects 
     in academic year 1991-1992;
       ``(O) for every dollar in Federal support, the National 
     Writing Project provides over $5 in matching funds from 
     States, local universities and schools, and the private 
     sector;
       ``(P) private foundation resources, although generous in 
     the past concerning National Writing Project programs, are 
     inadequate to fund all of the National Teacher Training 
     Project sites needed, and the future of the program is in 
     jeopardy without secure financial support;
       ``(Q) the National Writing Project has become a model for 
     programs in other fields, such as science, mathematics, 
     history, literature, foreign languages, and the performing 
     arts, and the development of programs in other fields should 
     continue with the support of Federal funds; and
       ``(R) each of the 50 States should participate in the 
     National Teacher Training Project by establishing regional 
     teacher training sites in early childhood development, 
     mathematics, science, English, civics and government, foreign 
     languages, and arts to serve all teachers within the State.
       ``(3) Definitions.--For the purpose of this section--
       ``(A) the term `contractor' means--
       ``(i) a local educational agency;
       ``(ii) an educational service agency; or
       ``(iii) an institution of higher education that awards a 
     bachelor's degree; and
       ``(B) the term `eligible recipient' means a nonprofit 
     educational organization which has as its primary purpose the 
     improvement of student learning in one of the core academic 
     subjects described in subsection (b)(2).
       ``(b) Grants Authorized.--
       ``(1) Grants to eligible recipients.--The Secretary is 
     authorized to award a grant to an eligible recipient to 
     enable such recipient--
       ``(A) to support and promote the establishment of teacher 
     training programs in early childhood development and one of 
     the 9 core academic subjects described in paragraph (2), 
     including the dissemination of effective practices and 
     research findings regarding teacher training, and 
     administrative activities;
       ``(B) to support classroom research on effective teaching 
     practices in such area; and
       ``(C) to pay the Federal share of the cost of such programs 
     and research.
       ``(2) Core subject areas.--To the extent feasible, the 
     Secretary shall award a grant under paragraph (1) for the 
     establishment of a National Teacher Training Project in early 
     childhood development and each of the following core academic 
     subjects:
       ``(A) Mathematics.
       ``(B) Science.
       ``(C) English.
       ``(D) Civics and government.
       ``(E) Foreign languages.
       ``(F) Arts.
       ``(G) Geography.
       ``(H) History.
       ``(I) Economics.
       ``(3) Number of grants and eligible recipients.--The 
     Secretary shall award not more than 10 grants under paragraph 
     (1) to 10 different eligible recipients.
       ``(4) Equitable distribution.--The Secretary shall award 
     grants under paragraph (1) to eligible recipients from 
     different geographic areas of the United States.
       ``(5) Special rule.--Each grant under paragraph (1) shall 
     be of sufficient size, scope and quality to be effective.
       ``(6) Administrative costs and technical assistance.--Each 
     eligible recipient receiving a grant under paragraph (1) may 
     use not more than 5 percent of the grant funds for 
     administrative costs and the costs of providing technical 
     assistance to a contractor.
       ``(c) Grant Requirements.--Each eligible recipient 
     receiving a grant under subsection (b) shall--
       ``(1) enter into a contract with a contractor under which 
     such contractor agrees--
       ``(A) to establish, operate, and provide the non-Federal 
     share of the cost of teacher training programs in effective 
     approaches and processes for the teaching of the subject 
     matter for which such eligible recipient was awarded a grant, 
     including approaches and processes to obtain parental 
     involvement in a child's education; and
       ``(B) to use funds received from the eligible recipient to 
     pay the Federal share of the cost of establishing and 
     operating teacher training programs described in subparagraph 
     (A);
       ``(2) make annual reports to the Secretary and be 
     responsible for oversight of the funds expended at each 
     teacher training program described in subparagraph (A); and
       ``(3) meet such other conditions and standards as the 
     Secretary determines to be necessary to assure compliance 
     with this section and provide such technical assistance as 
     may be necessary to carry out this section.
       ``(d) Teacher Training Programs.--The teacher training 
     programs described in subsection (b) shall--
       ``(1) be conducted during the school year and during the 
     summer months;
       ``(2) train teachers who teach grades kindergarten through 
     college;
       ``(3) select teachers to become members of a National 
     Teacher Training Project, which members shall conduct 
     inservice workshops for other teachers in the area served by 
     the National Teacher Training Project site;
       ``(4) borrow teacher training principles and receive 
     technical assistance from the National Writing Project; and
       ``(5) encourage teachers from all disciplines to 
     participate in such teacher training programs.
       ``(e) Federal Share.--The term `Federal share' means, with 
     respect to the costs of teacher training programs described 
     in subsection (b), 50 percent of such costs to the contractor
       ``(f) Application.--Each eligible recipient desiring a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner and accompanied by 
     such information as the Secretary may reasonably require.
       ``(g) Participants and Selection Process.--The selection 
     process for participation in a teacher training program 
     described in subsection (b) shall--
       ``(1) reward exemplary teachers with varying levels of 
     teaching experience who are nominated by other teachers and 
     administrators;
       ``(2) involve an application process to select participants 
     for a summer program;
       ``(3) ensure the selection of a geographically and 
     ethnically diverse group of teachers by soliciting 
     applications from teachers of both public and private 
     institutions in rural, urban and suburban settings of every 
     State; and
       ``(4) automatically offer a place in a summer program to 
     the `Teacher of the Year' chosen pursuant to a Federal or 
     State teacher recognition program.
       ``(h) Limitation.--A contractor entering into a contract 
     under subsection (c)(1) shall not spend more than 5 percent 
     of funds received under the contract for administrative 
     costs.

                ``Subpart 2--State and Local Activities

     ``SEC. 2121. PROGRAM AUTHORIZED.

       ``The Secretary is authorized to make grants to State 
     educational agencies for the support of sustained and 
     intensive high-quality professional development activities in 
     the core academic subjects at the State and local levels.

     ``SEC. 2122. ALLOCATION OF FUNDS.

       ``(a) Reservation of Funds.--From the amount available to 
     carry out this subpart for any fiscal year, the Secretary 
     shall reserve--
       ``(1) \1/2\ of 1 percent for the outlying areas, to be 
     distributed among the outlying areas on the basis of their 
     relative need, as determined by the Secretary in accordance 
     with the purposes of this part;
       ``(2) \1/2\ of 1 percent for the Secretary of the Interior 
     for programs under this part for professional development 
     activities for teachers, other staff, and administrators in 
     schools operated or funded by the Bureau of Indian Affairs.
       ``(b) State Allotments.--The Secretary shall allocate the 
     amount available to carry out this subpart and not reserved 
     under subsection (a) to each of the 50 States, the District 
     of Columbia, and the Commonwealth of Puerto Rico as follows, 
     except that no State shall receive less than one-half of 1 
     percent of such amount:
       ``(1) Fifty percent shall be allocated among such 
     jurisdictions on the basis of their relative populations of 
     individuals aged 5 through 17, as determined by the Secretary 
     on the basis of the most recent satisfactory data.
       ``(2) Fifty percent shall be allocated among such 
     jurisdictions in accordance with the relative amounts such 
     jurisdictions received under part A of title I for the 
     preceding fiscal year.
       ``(c) Reallocation.--If any jurisdiction does not apply for 
     an allotment under subsection (b) for any fiscal year, the 
     Secretary shall reallocate such amount to the remaining 
     jurisdictions in accordance with that subsection.

     ``SEC. 2123. WITHIN-STATE ALLOCATIONS.

       ``Of the amounts received by any State under this subpart 
     for any fiscal year--
       ``(1) 75 percent shall be available for State level 
     activities under section 2126 and local allowable activities 
     under section 2129(b), of which--
       ``(A) not more than 5 percent may be used for the 
     administrative costs of the State educational agency;
       ``(B) not more than 5 percent may be used for State-level 
     activities under section 2126; and
       ``(C) of the remaining amount--
       ``(i) 50 percent shall be distributed to local educational 
     agencies--

       ``(I) for use in accordance with section 2129; and
       ``(II) in accordance with the relative enrollments in 
     public and private nonprofit elementary and secondary schools 
     within the boundaries of such agencies; and

       ``(ii) 50 percent of such amount shall be distributed to 
     local educational agencies--

       ``(I) for use in accordance with section 2129; and
       ``(II) in accordance with the relative amount such agencies 
     received under part A of title I of this Act for the 
     preceding fiscal year; and

       ``(2) 25 percent shall be available to the State agency for 
     higher education for activities under section 2130, of which 
     not more than 5 percent may be used for the administrative 
     costs of the State agency for higher education.

     ``SEC. 2124. PRIORITY FOR PROFESSIONAL DEVELOPMENT IN 
                   MATHEMATICS AND SCIENCE.

       ``(a) Appropriation of Less Than $250,000,000.--In any 
     fiscal year for which the amount appropriated for this part 
     is less than $250,000,000, each State shall ensure that all 
     funds distributed in accordance with section 2123(1)(C) are 
     used for professional development in mathematics and science.
       ``(b) Appropriation Equal to or Above $250,000,000.--In any 
     fiscal year for which the amount appropriated for this part 
     is at least $250,000,000, each State shall ensure that the 
     amount of funds distributed in accordance with section 
     2123(1)(C) that is used for professional development in 
     mathematics and science is not less than the amount that 
     bears the same ratio to the total amount of funds so 
     distributed as the sum of $250,000,000 plus at least 10 
     percent of the amount appropriated for this part for such 
     year in excess of $250,000,000 bears to the total amount 
     appropriated for this part for such year.

     ``SEC. 2125. STATE APPLICATIONS.

       ``(a) Applications Required.--Each State educational agency 
     that wishes to receive an allotment under this subpart for 
     any fiscal year shall submit an application to the Secretary 
     at such time and in such form as the Secretary may require.
       ``(b) Professional Development Plan.--
       ``(1) In general.--Each application under this section 
     shall include a State plan for professional development that 
     satisfies the requirements of this section.
       ``(2) Contents.--Each such State plan shall--
       ``(A) be developed in conjunction with the State agency for 
     higher education, nonprofit organizations of demonstrated 
     effectiveness, institutions of higher education or schools of 
     education, and with the extensive participation of local 
     teachers, administrators, and pupil services personnel and 
     show the role of each such entity in implementation of the 
     plan;
       ``(B) be designed to give teachers, administrators, and 
     pupil services personnel in the State the knowledge and 
     skills necessary to provide all students the opportunity to 
     meet challenging State content standards and challenging 
     State student performance standards;
       ``(C) include an assessment of State and local needs for 
     professional development specifically related to subparagraph 
     (B);
       ``(D) describe the need for teacher development beginning 
     with recruitment, preservice, and induction, and continuing 
     throughout the professional teaching career, taking into 
     account the need, as determined by the State, for greater 
     access to and participation in the teaching profession by 
     individuals from historically underrepresented groups;
       ``(E) describe how the State requirements for licensure of 
     teachers and administrators, including certification and 
     recertification, support challenging State content standards 
     and challenging State student performance standards;
       ``(F) describe how the State will work with teachers, 
     administrators, parents, local educational agencies, schools, 
     educational service agencies, and institutions of higher 
     education or nonprofit organizations of demonstrated 
     effectiveness to ensure that such individuals or entities 
     develop the capacity to support sustained and intensive, 
     high-quality professional development programs in the core 
     academic subjects;
       ``(G) describe how the State will prepare all teachers to 
     teach children with diverse learning needs, including 
     children with disabilities;
       ``(H) describe how the State will prepare teachers, 
     paraprofessionals and pupil services personnel in 
     intervention strategies to--
       ``(i) alleviate the need, and inappropriate referral, for 
     special education services; and
       ``(ii) prepare general and special education staff to work 
     collaboratively to educate students with disabilities placed 
     into general education settings, consistent with such 
     student's individualized education program;
       ``(I) describe how the State will use technology, including 
     the emerging national information infrastructure, to enhance 
     the professional development of teachers, administrators, and 
     pupil services personnel;
       ``(J) describe how the State will ensure a strong focus on 
     professional development in mathematics and science taking 
     into account the need for greater access to, and 
     participation in, such disciplines by students from 
     historically underrepresented groups;
       ``(K) describe how the State will provide incentives to 
     teachers and administrators to focus their professional 
     development on preparing themselves to provide instruction 
     consistent with challenging State content standards and 
     challenging State student performance standards;
       ``(L) set specific outcome performance indicators for 
     professional development; and
       ``(M) describe how parents can be involved in professional 
     development programs to enhance their participation in the 
     education of their children.
       ``(3) Duration of the plan.--Each such State plan shall--
       ``(A) remain in effect for the duration of the State's 
     participation under this subpart; and
       ``(B) be periodically reviewed and revised by the State, as 
     necessary, to reflect changes in the State's strategies and 
     programs under this subpart.
       ``(c) Additional Material.--Each State application shall 
     include--
       ``(1) a description of how the activities assisted under 
     this subpart will be coordinated, as appropriate, with--
       ``(A) other activities conducted with Federal funds, 
     especially activities supported under part A of title I of 
     this Act, and parts B and D of the Individuals with 
     Disabilities Education Act;
       ``(B) State and local funds;
       ``(C) resources from business and industry, museums, 
     libraries, educational television stations, and public and 
     private nonprofit organizations of demonstrated experience; 
     and
       ``(D) funds received from other Federal agencies, such as 
     the National Science Foundation, the Departments of Commerce, 
     Energy, and Health and Human Services, the National Endowment 
     for the Arts, the Institute of Museum Services, and the 
     National Endowment for the Humanities; and
       ``(2) a description of the activities to be sponsored under 
     the State level activities under section 2126 and the higher 
     education activities under section 2130.
       ``(d) Peer Review and Secretarial Approval.--
       ``(1) In general.--The Secretary shall approve an 
     application of a State educational agency under this section 
     if such application meets the requirements of this section 
     and holds reasonable promise of achieving the purposes of 
     this part.
       ``(2) Review.--In reviewing applications under this 
     section, the Secretary shall obtain the advice of non-Federal 
     experts on education in the core academic subjects and on 
     teacher education, including teachers and administrators.

     ``SEC. 2126. STATE LEVEL ACTIVITIES.

       ``Each State may use funds made available under section 
     2123(1) to carry out activities described in the plan under 
     section 2125(b), such as--
       ``(1) reviewing and reforming State requirements for 
     teacher and administrator licensure, including certification 
     and recertification, to align such requirements with the 
     State's challenging State content standards and ensure that 
     teachers and administrators have the knowledge and skills 
     necessary to help students meet challenging State student 
     performance standards;
       ``(2) developing performance assessments and peer review 
     procedures, as well as other methods, for licensing teachers 
     and administrators;
       ``(3) providing technical assistance to schools and local 
     educational agencies to help such schools and agencies 
     provide effective professional development in the core 
     academic subjects;
       ``(4) developing or supporting professional development 
     networks, either within a State or in a regional consortium 
     of States, that provide a forum for interaction among 
     teachers and that allow exchange of information on advances 
     in content and pedagogy;
       ``(5) professional development in the effective use of 
     educational technology as an instructional tool for 
     increasing student understanding of the core academic 
     subjects, including efforts to train teachers in methods for 
     achieving gender equity both in students' access to computers 
     and other educational technology and in teaching practices 
     used in the application of educational technology;
       ``(6) providing financial or other incentives for teachers 
     to become certified by nationally recognized professional 
     teacher enhancement organizations;
       ``(7) designing systems that enable teachers to meet pay 
     ladder professional development requirements by demonstrating 
     content knowledge and pedagogical competence tied to 
     challenging State content standards and challenging State 
     student performance standards, rather than by merely 
     completing course credits;
       ``(8) providing incentives for teachers to be involved in 
     assessment, curriculum development, and technical assistance 
     processes for teachers and students;
       ``(9) professional development to enable teachers, pupil 
     services personnel, and other school staff to ensure that 
     girls and young women, minorities, limited English proficient 
     students, individuals with disabilities, and the economically 
     disadvantaged have the full opportunity to achieve to 
     challenging State content standards and challenging State 
     student performance standards in the core academic subjects 
     by, for example, encouraging girls and young women and 
     minorities to pursue advanced courses in mathematics and 
     science;
       ``(10) professional development designed to--
       ``(A) provide the collaborative skills needed to 
     appropriately serve children with disabilities in the general 
     education setting consistent with such child's individualized 
     education program; and
       ``(B) develop skills needed for effective intervention 
     teaching strategies to alleviate the need, and inappropriate 
     referral, for special education services;
       ``(11) professional development and recruitment activities 
     designed to increase the numbers of minorities, individuals 
     with disabilities and females teaching in the core academic 
     subjects in which such individuals are underrepresented;
       ``(12) identifying, developing, or supporting parental 
     involvement programs to better equip parents to participate 
     in the education of their children;
       ``(13) professional development activities designed to 
     increase the number of women and other underrepresented 
     groups in the administration of schools;
       ``(14) providing training for local education employees in 
     the area of early childhood development in order to ensure 
     that early childhood development services provided to low-
     income children below the age of compulsory school attendance 
     comply with the performance standards established under 
     section 641A(a) of the Head Start Act or under section 651 of 
     such Act, as such section 651 was in effect on the day 
     preceding the date of enactment of the Human Services 
     Amendments of 1994; and
       ``(15) providing technical assistance to teachers, 
     administrators, parents and related services personnel in the 
     area of early childhood development in order to ensure that 
     early childhood development services provided to low-income 
     children below the age of compulsory school attendance comply 
     with the performance standards established under section 
     641A(a) of the Head Start Act or under section 651 of such 
     Act, as such section 651 was in effect on the day preceding 
     the date of enactment of the Human Services Amendments of 
     1994.

     ``SEC. 2127. LOCAL EDUCATIONAL AGENCY APPLICATIONS.

       ``(a) In General.--Each local educational agency that 
     desires a subgrant under this subpart shall submit an 
     application to the State educational agency at such time as 
     the State educational agency may require, but not less 
     frequently than every 3 years.
       ``(b) Contents.--Each application under this section shall 
     include--
       ``(1) the local educational agency's plan for professional 
     development that--
       ``(A) has been developed with the extensive participation 
     of teachers, administrators, staff, and pupil services 
     personnel;
       ``(B) is aligned with the State's challenging State content 
     standards and challenging State student performance 
     standards;
       ``(C) includes an assessment of local needs for 
     professional development as identified by the local 
     educational agency and school staff;
       ``(D) describes a strategy, tied to challenging State 
     content standards and challenging State student performance 
     standards, for addressing those needs;
       ``(E) includes strong academic content and pedagogical 
     components;
       ``(F) takes into account the need for greater access to and 
     participation in the core academic subjects, especially in 
     mathematics and science, by students from historically 
     underrepresented groups;
       ``(G) is of sufficient intensity and duration to have a 
     positive and lasting impact on the student's performance in 
     the classroom; and
       ``(H) sets specific outcome performance indicators;
       ``(2) an assurance that the activities conducted with the 
     funds such agency received under this subpart will be 
     assessed at least every three years using the outcome 
     performance indicators to determine the effectiveness of such 
     activities;
       ``(3) a description of how the programs funded under this 
     subpart will be coordinated, as appropriate, with--
       ``(A) services of educational service agencies;
       ``(B) services of institutions of higher education;
       ``(C) State and local funds;
       ``(D) resources provided under part A of title I and other 
     provisions of this Act;
       ``(E) resources from business, industry, museums, 
     libraries, educational television stations, and public and 
     private nonprofit organizations of demonstrated experience;
       ``(F) resources provided under parts B and D of the 
     Individuals with Disabilities Education Act; and
       ``(G) funds received from other Federal agencies, such as 
     the National Science Foundation, the Department of Energy, 
     the Department of Health and Human Services, the National 
     Endowment for the Arts, the Institute of Museum Services, and 
     the National Endowment for the Humanities;
       ``(4) an identification of the sources of funding that will 
     provide the local educational agency's contribution under 
     section 2128; and
       ``(5) a description of the strategies to be employed to 
     more fully and effectively involve parents in the education 
     of their children.
       ``(c) Duration of the Plan.--Each local plan described in 
     subsection (b)(1) shall--
       ``(1) remain in effect for the duration of the local 
     educational agency's participation under this subpart; and
       ``(2) be periodically reviewed and revised by the local 
     educational agency, as necessary, to reflect changes in the 
     local educational agency's strategies and programs under this 
     subpart.

     ``SEC. 2128. LOCAL COST-SHARING.

       ``(a) In General.--Each local educational agency shall 
     provide at least 33 percent of the cost of the activities 
     assisted under this subpart, excluding the cost of services 
     provided to private school teachers.
       ``(b) Available Resources for Cost-Sharing.--
       ``(1) In general.--A local educational agency may meet the 
     requirement of subsection (a) through one or more of the 
     following:
       ``(A) Cash expenditures from non-Federal sources directed 
     toward professional development activities.
       ``(B) Release time for teachers participating in 
     professional development assisted under this subpart.
       ``(C) Funds received under one or more of the following 
     programs, so long as such funds are used for professional 
     development activities consistent with this subpart and the 
     statutes under which such funds were received, and are used 
     to benefit students and teachers in schools that otherwise 
     would have been served with such funds:
       ``(i) Part A of title I.
       ``(ii) Parts B and D of the Individuals with Disabilities 
     Education Act.
       ``(iii) The Safe and Drug-Free Schools and Communities 
     program under part A of title V.
       ``(iv) Bilingual Education Programs under part A of title 
     VII.
       ``(v) The Women's Educational Equity Act of 1994.
       ``(vi) Title III of the Goals 2000: Educate America Act.
       ``(vii) Programs that are related to the purposes of this 
     Act that are administered by other Federal agencies, 
     including the National Science Foundation, the National 
     Endowment for the Humanities, the National Endowment for the 
     Arts, the Institute of Museum Services, and the Department of 
     Energy.
       ``(2) Special rule.--A local educational agency may meet 
     the requirement of subsection (a) through contributions 
     described in paragraph (1) that are provided in cash or in 
     kind, fairly evaluated.

     ``SEC. 2129. LOCAL ALLOCATION OF FUNDS AND ALLOWABLE 
                   ACTIVITIES.

       ``(a) Local Allocation of Funds.--Each local educational 
     agency that receives funds under this subpart for any fiscal 
     year--
       ``(1) shall use at least 80 percent of such funds for 
     professional development of teachers, administrators, pupil 
     services personnel, parents, and other staff of individual 
     schools in a manner that--
       ``(A) is determined by such teachers and staff;
       ``(B) to the extent practicable, takes place at the 
     individual school site; and
       ``(C) is consistent with the local educational agency's 
     application under section 2127, any school plan under part A 
     of title I, and any other plan for professional development 
     carried out with Federal, State, or local funds that 
     emphasizes sustained, ongoing activities; and
       ``(2) may use not more than 20 percent of such funds for 
     school district-level professional development activities, 
     including the participation of administrators, policymakers, 
     and parents.
       ``(b) Authorized Activities.--Each local educational agency 
     and school that receives funds under this subpart shall use 
     such funds for activities that contribute to the 
     implementation of the local educational agency's professional 
     development plan described in section 2127(b)(1), such as--
       ``(1) professional development for teams of teachers, 
     administrators, pupil services personnel, or other staff from 
     individual schools, to support teaching consistent with 
     challenging State content standards and challenging State 
     student performance standards and to create a school 
     environment conducive to high achievement in the core 
     academic subjects;
       ``(2) support and time, which in the case of teachers may 
     include release time with pay, for teachers, pupil services 
     personnel, and other school staff to enable such teachers, 
     personnel, and staff to participate in professional 
     development in the core academic subjects that are offered 
     through professional associations, universities, and other 
     providers such as community-based organizations, science 
     centers and museums;
       ``(3) support and time, which in the case of teachers may 
     include release time with pay, for teachers, pupil services 
     personnel and other school staff to participate in 
     professional development that goes beyond training and 
     encourages a variety of forms of learning that are related to 
     an educator's regular work, such as group study and 
     consultation with peers and supervisors;
       ``(4) support and time for teachers, pupil services 
     personnel and other school staff to learn and implement 
     effective intervention or collaboration for the instruction 
     of children with disabilities placed into general education 
     settings, consistent with such child's individualized 
     education program;
       ``(5) professional development which incorporates effective 
     strategies, techniques, methods, and practices for meeting 
     the educational needs of diverse groups of students, 
     including females, minorities, individuals with disabilities, 
     limited-English proficient individuals and economically 
     disadvantaged individuals;
       ``(6) peer training and mentoring programs, including 
     cross-generational mentoring, in the core academic subjects 
     and in the developmental, social, emotional and mental health 
     needs of children;
       ``(7) establishment and maintenance of local professional 
     networks that provide a forum for interaction among teachers 
     and pupil services personnel and that allow exchange of 
     information on advances in content and pedagogy;
       ``(8) activities that provide followup for teachers who 
     have participated in professional development activities that 
     are designed to ensure that the knowledge and skills learned 
     by the teacher are implemented in the classroom;
       ``(9) preparing teachers and pupil services personnel to 
     work with parents and families on fostering student 
     achievement in the core academic subjects;
       ``(10) preparing teachers in the effective use of 
     educational technology and assistive technology as 
     instructional tools for increasing student understanding of 
     the core academic subjects;
       ``(11) establishing policies to permit teachers to meet pay 
     ladder requirements by demonstrating content and pedagogical 
     competence rather than by only meeting course requirements;
       ``(12) professional development to enable teachers, pupil 
     services personnel, and other school staff to ensure that 
     girls and young women, minorities, limited-English proficient 
     students, individuals with disabilities, and the economically 
     disadvantaged have full opportunity to achieve to challenging 
     State content standards and challenging State student 
     performance standards in the core academic subjects;
       ``(13) professional development activities designed to 
     increase the numbers of minorities, individuals with 
     disabilities, and other underrepresented groups in the 
     teaching force and to increase the numbers of women and 
     members of other underrepresented groups who are science and 
     mathematics teachers, for example, through career ladder 
     programs that assist educational paraprofessionals to obtain 
     teaching credentials;
       ``(14) professional development activities and other 
     support for new teachers as such teachers transition into the 
     classroom to provide such teachers with practical support and 
     increase retention;
       ``(15) professional development for teachers, parents, 
     early childhood educators, administrators, and other staff to 
     support activities and services related to the Transition to 
     Success program developed under part B of title I;
       ``(16) developing incentive strategies for rewarding 
     teachers, administrators, and pupil services personnel 
     collectively in schools that sustain high performance or 
     consistent growth in the number of their students who meet 
     the challenging State content standards and challenging State 
     student performance standards;
       ``(17) providing financial or other incentives for teachers 
     to become certified by nationally recognized professional 
     teacher enhancement programs;
       ``(18) developing strategies and programs to more 
     effectively involve parents in the education of their 
     children;
       ``(19) professional development activities designed to 
     increase the number of women and other underrepresented 
     groups in the administration of schools;
       ``(20) release time with pay for teachers; and
       ``(21) professional development in experiential-based 
     teaching methods such as service learning.

     ``SEC. 2130. HIGHER EDUCATION ACTIVITIES.

       ``(a) In General.--
       ``(1) In general.--From amounts made available under 
     section 2123(2), the State agency for higher education, 
     working in conjunction with the State educational agency (if 
     such agencies are separate), shall award grants to, or enter 
     into contracts or cooperative agreements with, institutions 
     of higher education or private nonprofit organizations 
     working in conjunction with local educational agencies, for 
     professional development activities in the core academic 
     subjects that contribute to the State plan for professional 
     development.
       ``(2) Competitive basis.--Each grant, contract or 
     cooperative agreement described in paragraph (1) shall be 
     awarded on a competitive basis.
       ``(3) Joint efforts.--Each activity assisted under this 
     section, where applicable, shall involve the joint effort of 
     the institution of higher education's school or department of 
     education, if any, and the schools or departments in the 
     specific disciplines in which such professional development 
     will be provided.
       ``(b) Allowable Activities.--A recipient of funds under 
     this section shall use such funds for--
       ``(1) sustained and intensive high-quality professional 
     development for teams of teachers, or teachers, pupil 
     services personnel and administrators from individual schools 
     or school districts;
       ``(2) preservice training activities; and
       ``(3) other sustained and intensive professional 
     development activities related to achievement of the State 
     plan for professional development.
       ``(c) Partnerships.--Each institution of higher education 
     receiving a grant under this section may also enter into a 
     partnership with a private industry, museum, library, 
     educational television station, or public or private 
     nonprofit organization of demonstrated experience to carry 
     out professional development activities assisted under this 
     section.

     ``SEC. 2131. CONSORTIUM REQUIREMENT.

       ``(a) In General.--Any local educational agency receiving a 
     grant under this part of less than $10,000 shall form a 
     consortium with another local educational agency or an 
     educational service agency serving another local educational 
     agency to be eligible to participate in programs assisted 
     under this part.
       ``(b) Waiver.--The Chief State School Officer may waive the 
     requirements of subsection (a) if distances or traveling time 
     between schools make formation of the consortium more costly 
     or less effective.
       ``(c) Special Rule.--Each consortium shall rely, as much as 
     possible, on technology or other arrangements to deliver 
     staff development tailored to the needs of each school or 
     school district participating in a consortium described in 
     subsection (a).

      ``Subpart 3--Professional Development Demonstration Project

     ``SEC. 2141. FINDINGS AND PURPOSE.

       ``(a) Findings.--The Congress finds that--
       ``(1) underlying the standards-driven framework of the 
     Goals 2000: Educate America Act and the high academic 
     standards for eligible students under title I is a widespread 
     need to prepare teachers to teach to higher standards;
       ``(2) prospective and current teachers need knowledge and 
     skills beyond what such teachers currently possess;
       ``(3) while both the Goals 2000: Educate America Act and 
     titles I and II have extensive references to professional 
     development of teachers, there are no provisions to 
     incorporate `on-the-ground' planning and implementation to 
     serve as models for local educational agencies across the 
     Nation; and
       ``(4) better prepared teachers can lead to improved student 
     achievement, especially for students who are furthest from 
     reaching high standards.
       ``(b) Purpose.--It is the purpose of this subpart--
       ``(1) to address the need for professional development with 
     a primary focus on teachers;
       ``(2) to provide both prospective teachers and current 
     teachers opportunities to learn both the content and the 
     pedagogy needed to teach to high standards; and
       ``(3) to build models, in a few cities and States, that 
     demonstrate new organizational arrangements and deep 
     investments in teachers necessary to better prepare teachers 
     for new standards and assessments.

     ``SEC. 2142. DEMONSTRATION PROGRAM AUTHORIZED.

       ``(a) General Authority.--
       ``(1) In general.--The Secretary shall carry out a 
     demonstration project under which the Secretary awards grants 
     in accordance with this subpart to eligible partnerships to 
     enable such partnerships to plan and implement professional 
     development programs.
       ``(2) Program requirements.--The programs described in 
     paragraph (1)--
       ``(A) shall focus on increasing teachers' knowledge and 
     understanding of content by providing teachers opportunities 
     to improve their knowledge and to improve their classroom 
     practice in order to help students meet high academic 
     standards;
       ``(B) shall include teachers at all career stages, from 
     student teachers or interns through senior team leaders or 
     department chairs; and
       ``(C) may incorporate professional development for 
     principals, pupil services personnel, aides, other school-
     based staff, and parents.
       ``(b) Eligible Partnerships.--For the purpose of this 
     subpart the term `eligible partnership' means a partnership 
     consisting of--
       ``(1) a local educational agency, a subunit of such agency, 
     or a consortium of such agencies, in which at least 50 
     percent of the schools served by such agency, subunit, or 
     consortium are eligible to participate in schoolwide programs 
     under section 1114; or
       ``(2) other partners that--
       ``(A) shall include, at a minimum, a teachers' union (if 
     appropriate), one or more institutions of higher education 
     which may include faculty from schools of education and 
     faculty from schools of arts and sciences, and a local parent 
     or community council; and
       ``(B) may include a business partner or a nonprofit 
     organization with a demonstrated record in staff development.

     ``SEC. 2143. GRANTS.

       ``(a) Authority.--
       ``(1) In general.--The Secretary shall award grants for 
     planning, and grants for the implementation of, professional 
     development programs under this subpart.
       ``(2) Distribution.--The Secretary shall award not less 
     than 75 percent of the funds available for grants under this 
     part to eligible partnerships serving the schools with the 
     greatest number of poor students. To the extent possible, 
     such grants shall be awarded to eligible partnerships serving 
     both rural and urban school districts and in a manner that 
     reflects geographic and racial diversity.
       ``(3) Number of grants.--In the first year that the 
     Secretary awards grants under this subpart, the Secretary 
     shall award at least twice as many planning grants as 
     implementation grants in order to receive well-developed 
     plans for long-term funding under this subpart.
       ``(b) Grant Requirements.--
       ``(1) Duration.--The Secretary shall award--
       ``(A) planning grants under this subpart for a period of 
     not less than 6 months and not more than 9 months; and
       ``(B) implementation grants under this subpart for a period 
     of four fiscal years.
       ``(2) Amount.--The Secretary shall award grants under this 
     subpart in an amount determined on the basis of the size of 
     the program and the level of investment the eligible 
     partnership is making in teacher development in the area 
     served by the eligible partnership, including local, State, 
     and Federal funds and existing higher education resources, 
     except that no grant under this subpart shall exceed $500,000 
     in any one fiscal year.

     ``SEC. 2144. PLAN.

       ``Each eligible partnership desiring assistance under this 
     subpart shall develop a plan for the program to be assisted 
     under this subpart. Such plan shall--
       ``(1) identify clearly how such plan will support an 
     overall systemic reform strategy giving special attention to 
     the role of teacher preparation for new standards and 
     assessment;
       ``(2) describe the eligible partnership's instructional 
     objectives and how the professional development activities 
     will support such objectives;
       ``(3) specify the organizational arrangements and delivery 
     strategies to be used, such as teacher centers, professional 
     development schools, teacher networks, academic alliances, as 
     well as the curriculum for teachers;
       ``(4) specify the commitments the local educational 
     agencies, teacher's union, institutions of higher education 
     or any other entity participating in such partnership are 
     prepared to make, not only to support program activities such 
     as release time, contractual flexibility, support for interns 
     or student teachers if applicable, but also to sustain the 
     central aspects of the plan after the expiration of the 
     grant; and
       ``(5) describe how the activities described under this 
     subpart will lead to districtwide policy and budget changes.

     ``SEC. 2145. TECHNICAL ASSISTANCE.

       ``The Secretary is authorized to enter into an arrangement 
     with an intermediary organization to enable such organization 
     to provide technical assistance to eligible partnerships 
     receiving assistance under this subpart.

     ``SEC. 2146. MATCHING FUNDS.

       ``The Secretary shall give special priority to awarding 
     grants under this subpart to eligible partnerships that 
     demonstrate such partnership's ability to raise matching 
     funds from private sources.

                    ``Subpart 4--General Provisions

     ``SEC. 2151. REPORTING AND ACCOUNTABILITY.

       ``(a) States.--Each State that receives funds under this 
     part shall submit a report to the Secretary every three 
     years, beginning with fiscal year 1997, on the State's 
     progress toward the outcome performance indicators identified 
     in such State's State plan, as well as on the effectiveness 
     of State and local activities assisted under this part.
       ``(b) Local Educational Agencies.--Each local educational 
     agency that receives funds under this part shall submit a 
     report to the State every three years, beginning with fiscal 
     year 1997, regarding the progress of such agency toward 
     outcome performance indicators identified in such agency's 
     local plan, as well as on the effectiveness of such agency's 
     activities under this part.
       ``(c) Federal Evaluation.--The Secretary shall report to 
     the President and the Congress on the effectiveness of 
     programs and activities assisted under this part in 
     accordance with section 10701.

     ``SEC. 2152. DEFINITIONS.

       ``As used in this part--
       ``(1) the term `core academic subjects' means subjects such 
     as English, mathematics, science, foreign languages, civics 
     and government, economics, arts, history, and geography;
       ``(2) the term `sustained and intensive high-quality 
     professional development' means professional development 
     activities that--
       ``(A) are tied to challenging State content standards, 
     challenging State student performance standards, voluntary 
     national content standards or voluntary national student 
     performance standards;
       ``(B) reflect up-to-date research in teaching and learning 
     and include integrated content and pedagogical components 
     appropriate for students with diverse learning needs;
       ``(C) are of sufficient intensity and duration to have a 
     positive and lasting impact on the teacher's performance in 
     the classroom or the administrator's performance on the job; 
     and
       ``(D) recognize teachers as an important source of 
     knowledge that should inform and help shape professional 
     development; and
       ``(3) the term `outcome performance indicators' means 
     measures of specific outcomes that the State or local 
     educational agency identify as assessing progress toward the 
     goal of ensuring that all teachers have the knowledge and 
     skills necessary to assist their students to meet challenging 
     State content standards and challenging State student 
     performance standards in the core academic subjects, such 
     as--
       ``(A) the degree to which licensure requirements are tied 
     to challenging State content standards and challenging State 
     student performance standards;
       ``(B) specific increases in the number of teachers who are 
     certified by the National Board for Professional Teaching 
     Standards or other nationally recognized professional teacher 
     enhancement organizations;
       ``(C) pass rates on teacher examinations for initial and 
     continuing certification or licensure;
       ``(D) specific increases in the number of elementary and 
     secondary teachers with strong content backgrounds in the 
     core academic subjects; and
       ``(E) specific increases in the number of teachers licensed 
     in each core academic subject.

                   ``PART B--NATIONAL WRITING PROJECT

     ``SEC. 2201. SHORT TITLE.

       ``This part may be cited as the `National Writing Project 
     Act'.

     ``SEC. 2202. FINDINGS.

       ``The Congress finds that--
       ``(1) the United States faces a crisis in writing in 
     schools and in the workplace;
       ``(2) the writing problem has been magnified by the rapidly 
     changing student populations in the Nation's schools and the 
     growing number of students who are at risk because of limited 
     English proficiency;
       ``(3) over the past 2 decades, universities and colleges 
     across the country have reported increasing numbers of 
     entering freshmen who are unable to write at a level equal to 
     the demands of college work;
       ``(4) American businesses and corporations are concerned 
     about the limited writing skills of entry-level workers, and 
     a growing number of executives are reporting that advancement 
     was denied to such executives due to inadequate writing 
     abilities;
       ``(5) writing and reading are both fundamental to learning, 
     yet writing has been historically neglected in the schools 
     and colleges, and most teachers in the United States 
     elementary schools, secondary schools, and colleges have not 
     been trained to teach writing;
       ``(6) since 1973, the only national program to address the 
     writing problem in the Nation's schools has been the National 
     Writing Project, a network of collaborative university-school 
     programs whose goal is to improve the quality of student 
     writing and the teaching of writing at all grade levels and 
     to extend the uses of writing as a learning process through 
     all disciplines;
       ``(7) the National Writing Project offers summer and school 
     year inservice teacher training programs and a dissemination 
     network to inform and teach teachers of developments in the 
     field of writing;
       ``(8) the National Writing Project is a nationally 
     recognized and honored nonprofit organization that recognizes 
     that there are teachers in every region of the United States 
     who have developed successful methods for teaching writing 
     and that such teachers can be trained and encouraged to train 
     other teachers;
       ``(9) the National Writing Project has become a model for 
     programs to improve teaching in such other fields as 
     mathematics, science, history, literature, performing arts, 
     and foreign languages;
       ``(10) the National Writing Project teacher-teaching-
     teachers program identifies and promotes what is working in 
     the classrooms of the Nation's best teachers;
       ``(11) the National Writing Project teacher-teaching-
     teachers project is a positive program that celebrates good 
     teaching practices and good teachers and through its work 
     with schools increases the Nation's corps of successful 
     classroom teachers;
       ``(12) evaluations of the National Writing Project document 
     the positive impact the project has had on improving the 
     teaching of writing, student performance, and student 
     thinking and learning ability;
       ``(13) the National Writing Project programs offer career-
     long education to teachers, and teachers participating in the 
     National Writing Project receive graduate academic credit;
       ``(14) each year over 100,000 teachers voluntarily seek 
     training in National Writing Project intensive summer 
     institutes and workshops and school-year inservice programs 
     through one of the 154 regional sites located in 45 States, 
     the Commonwealth of Puerto Rico, and in four sites that serve 
     United States teachers teaching in United States dependent 
     and independent schools;
       ``(15) 250 National Writing Project sites are needed to 
     establish regional sites to serve all teachers;
       ``(16) private foundation resources, although generous in 
     the past, are inadequate to fund all of the National Writing 
     Project sites needed and the future of the program is in 
     jeopardy without secure financial support;
       ``(17) independent evaluation studies have found the 
     National Writing Project to be highly cost-effective compared 
     to other professional development programs for teachers; and
       ``(18) during 1991, the first year of Federal support for 
     the National Writing Project, the National Writing Project 
     matched the $1,951,975 in Federal support with $9,485,504 in 
     matching funds from State, local, and other sources.

     ``SEC. 2203. NATIONAL WRITING PROJECT.

       ``(a) Authorization.--The Secretary is authorized to make a 
     grant to the National Writing Project (hereafter in this 
     section referred to as the `grantee'), a nonprofit 
     educational organization which has as its primary purpose the 
     improvement of the quality of student writing and learning, 
     and the teaching of writing as a learning process in the 
     Nation's classrooms--
       ``(1) to support and promote the establishment of teacher 
     training programs, including the dissemination of effective 
     practices and research findings regarding the teaching of 
     writing and administrative activities;
       ``(2) to support classroom research on effective teaching 
     practice and to document student performance;
       ``(3) to coordinate activities assisted under this section 
     with activities assisted under part A; and
       ``(4) to pay the Federal share of the cost of such 
     programs.
       ``(b) Requirements of Grant.--The grant shall provide 
     that--
       ``(1) the grantee will enter into contracts with 
     institutions of higher education or other nonprofit 
     educational providers (hereafter in this section referred to 
     as `contractors') under which the contractors will agree to 
     establish, operate, and provide the non-Federal share of the 
     cost of teacher training programs in effective approaches and 
     processes for the teaching of writing;
       ``(2) funds made available by the Secretary to the grantee 
     pursuant to any contract entered into under this section will 
     be used to pay the Federal share of the cost of establishing 
     and operating teacher training programs as provided in 
     paragraph (1); and
       ``(3) the grantee will meet such other conditions and 
     standards as the Secretary determines to be necessary to 
     assure compliance with the provisions of this section and 
     will provide such technical assistance as may be necessary to 
     carry out the provisions of this section.
       ``(c) Teacher Training Programs.--The teacher training 
     programs authorized in subsection (a) shall--
       ``(1) be conducted during the school year and during the 
     summer months;
       ``(2) train teachers who teach grades kindergarten through 
     college;
       ``(3) select teachers to become members of a National 
     Writing Project teacher network whose members will conduct 
     writing workshops for other teachers in the area served by 
     each National Writing Project site; and
       ``(4) encourage teachers from all disciplines to 
     participate in such teacher training programs.
       ``(d) Federal Share.--
       ``(1) In general.--Except as provided in paragraph (2) or 
     (3) and for purposes of subsection (a), the term `Federal 
     share' means, with respect to the costs of teacher training 
     programs authorized in subsection (a), 50 percent of such 
     costs to the contractor.
       ``(2) Waiver.--The Secretary may waive the provisions of 
     paragraph (1) on a case-by-case basis if the National 
     Advisory Board described in subsection (f) determines, on the 
     basis of financial need, that such waiver is necessary.
       ``(3) Maximum.--The Federal share of the costs of teacher 
     training programs conducted pursuant to subsection (a) may 
     not exceed $40,000 for any one contractor, or $200,000 for a 
     statewide program administered by any one contractor in at 
     least five sites throughout the State.
       ``(e) Classroom Teacher Grants.--
       ``(1) In general.--The National Writing Project may reserve 
     an amount not to exceed 5 percent of the amount appropriated 
     pursuant to the authority of this section to make grants, on 
     a competitive basis, to elementary and secondary school 
     teachers to enable such teachers to--
       ``(A) conduct classroom research;
       ``(B) publish models of student writing;
       ``(C) conduct research regarding effective practices to 
     improve the teaching of writing; and
       ``(D) conduct other activities to improve the teaching and 
     uses of writing.
       ``(2) Supplement and not supplant.--Grants awarded pursuant 
     to paragraph (1) shall be used to supplement and not supplant 
     State and local funds available for the purposes set forth in 
     paragraph (1).
       ``(3) Maximum grant amount.--Each grant awarded pursuant to 
     this subsection shall not exceed $2,000.
       ``(f) National Advisory Board.--
       ``(1) Establishment.--The National Writing Project shall 
     establish and operate a National Advisory Board.
       ``(2) Composition.--The National Advisory Board established 
     pursuant to paragraph (1) shall consist of--
       ``(A) national educational leaders;
       ``(B) leaders in the field of writing; and
       ``(C) such other individuals as the National Writing 
     Project deems necessary.
       ``(3) Duties.--The National Advisory Board established 
     pursuant to paragraph (1) shall--
       ``(A) advise the National Writing Project on national 
     issues related to student writing and the teaching of 
     writing;
       ``(B) review the activities and programs of the National 
     Writing Project; and
       ``(C) support the continued development of the National 
     Writing Project.
       ``(g) Evaluation.--The Secretary shall conduct an 
     independent evaluation by grant or contract of the teacher 
     training programs administered pursuant to this Act in 
     accordance with section 10701. Such evaluation shall specify 
     the amount of funds expended by the National Writing Project 
     and each contractor receiving assistance under this section 
     for administrative costs. The results of such evaluation 
     shall be made available to the appropriate committees of the 
     Congress.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated for the grant to the National 
     Writing Project, $4,000,000 for fiscal year 1995, and such 
     sums as may be necessary for each of the 4 succeeding fiscal 
     years, to carry out the provisions of this section.

           ``PART C--SUPPORT AND ASSISTANCE FOR ESEA PROGRAMS

              ``Subpart 1--Comprehensive Regional Centers

     ``SEC. 2301. FINDINGS.

       ``The Congress finds that--
       ``(1) high-quality technical assistance can enhance the 
     improvements in teaching and learning achieved through the 
     implementation of programs assisted under this Act;
       ``(2) comprehensive technical assistance is an essential 
     ingredient of the overall strategy of the Improving America's 
     Schools Act of 1994 to improve programs and to provide all 
     children opportunities to meet challenging State content 
     standards and challenging State student performance 
     standards;
       ``(3) States, local educational agencies, and schools 
     serving students with special needs, such as students with 
     limited-English proficiency and students with disabilities, 
     have great need for comprehensive technical assistance in 
     order to use funds under this Act to provide such students 
     with opportunities to learn to challenging State content 
     standards and challenging State student performance 
     standards;
       ``(4) current technical assistance efforts are fragmented 
     and categorical in nature, and thus fail to address 
     adequately the needs of States and local educational agencies 
     for help in integrating into a coherent strategy for 
     improving teaching and learning the various programs under 
     this Act with State and local programs and other education 
     reform efforts;
       ``(5) too little creative use is made of technology as a 
     means of providing information and assistance in a cost-
     effective way;
       ``(6) comprehensive technical assistance can help schools 
     and school systems focus on improving opportunities for all 
     children to meet challenging State content standards and 
     challenging State student performance standards, as such 
     schools and systems implement programs under this Act;
       ``(7) comprehensive technical assistance will provide one-
     stop shopping to help States, local educational agencies, 
     participating colleges and universities, and schools 
     integrate Federal, State, local education and pupil services 
     programs in ways that contribute to improving schools and 
     entire school systems; and
       ``(8) technical assistance in support of programs assisted 
     under this Act should be coordinated with the Department's 
     regional offices, the regional educational laboratories, and 
     other technical assistance efforts supported by the 
     Department.

     ``SEC. 2302. PURPOSE.

       ``The purpose of this part is to make available to States, 
     local educational agencies, schools, and other recipients of 
     funds under this Act technical assistance in--
       ``(1) administering and implementing programs authorized by 
     this Act;
       ``(2) implementing school reform programs; and
       ``(3) coordinating such programs with other Federal, State, 
     and local education activities, so that all students are 
     provided opportunities to meet challenging State content 
     standards and challenging State student performance 
     standards.

     ``SEC. 2303. PROGRAM AUTHORIZED.

       ``(a) Comprehensive Regional Centers.--The Secretary is 
     authorized to establish one center in each of the 
     Department's ten regions, and one center at the Pacific 
     Regional Education Laboratory in Honolulu, Hawaii, and may 
     establish field offices for each such center, in order to 
     provide comprehensive technical assistance to States, local 
     educational agencies, schools, and other recipients of funds 
     under this Act in the administration and implementation of 
     programs authorized by this Act. In allocating resources 
     among the centers, the Secretary shall consider the 
     geographic distribution of students with special needs.
       ``(b) Technology-Based Technical Assistance.--The Secretary 
     is authorized to provide a technology-based technical 
     assistance service that will--
       ``(1) support the administration and implementation of 
     programs authorized by this Act by providing information, 
     including legal and regulatory information, and technical 
     guidance and information about best practices; and
       ``(2) be accessible to all States, local educational 
     agencies, schools, community-based organizations, and others 
     who are recipients of funds under this Act.

     ``SEC. 2304. ELIGIBLE ENTITIES.

       ``The Secretary may carry out this part directly or through 
     grants to, or contracts or cooperative agreements with, 
     public or private agencies or organizations or consortia of 
     such agencies and organizations.

     ``SEC. 2305. COMPREHENSIVE REGIONAL CENTERS.

       ``Each comprehensive regional center established under 
     section 2303(a) shall--
       ``(1) maintain staff expertise in at least all of the 
     following areas:
       ``(A) instruction, curriculum improvement, school reform, 
     pupil services, and other aspects of title I;
       ``(B) meeting the needs of children served under this Act, 
     including children in high-poverty areas, migratory children, 
     children with limited-English proficiency, neglected or 
     delinquent children, homeless children and youth, Indian 
     children, and children with disabilities;
       ``(C) professional development for teachers, pupil services 
     personnel, other school staff, and administrators to help 
     students meet challenging State content standards and 
     challenging State student performance standards;
       ``(D) bilingual education, including programs that 
     emphasize English and native language proficiency, and 
     promote multicultural understanding;
       ``(E) safe and drug-free schools;
       ``(F) educational applications of technology;
       ``(G) parent involvement and participation;
       ``(H) the reform of schools and school systems;
       ``(I) the special needs of students living in rural areas 
     and the special needs of local educational agencies serving 
     rural areas; and
       ``(J) program evaluation;
       ``(2) ensure that technical assistance staff have 
     sufficient training, knowledge, and expertise in how to 
     integrate and coordinate programs assisted under this Act, as 
     well as integrating and coordinating programs assisted under 
     this Act with other Federal, State, and local programs and 
     reforms;
       ``(3) work collaboratively with the Department's regional 
     offices;
       ``(4) provide technical assistance using the highest 
     quality and most cost-effective strategies possible;
       ``(5) provide information and assistance regarding 
     exemplary and promising practices;
       ``(6) work collaboratively, and coordinate the services 
     such center provides, with the general reform assistance 
     provided by the regional educational laboratories and the 
     National Diffusion Network State Facilitators supported by 
     the Office of Educational Research and Improvement; and
       ``(7) consult with representatives of State educational 
     agencies, local educational agencies, and populations served 
     under this Act.

     ``SEC. 2306. INFORMATION COLLECTION AND EVALUATION.

       ``The Secretary shall evaluate activities assisted under 
     this part, and shall report to the President and the Congress 
     on the effectiveness of such activities by January 1, 1998.

     ``SEC. 2307. TRANSITION.

       ``(a) In General.--The Secretary shall use funds 
     appropriated to carry out this part for at least fiscal years 
     1995 and 1996 in order to ensure an orderly transition and 
     phase-in of the comprehensive regional centers assisted under 
     this subpart.
       ``(b) Extension of Previous Centers.--In accordance with 
     subsection (a), and notwithstanding any other provisions of 
     law, the Secretary shall use funds appropriated to carry out 
     this part to draw on the expertise of staff and services from 
     existing categorical assistance centers assisted under this 
     Act (as such Act was in existence on the day preceding the 
     date of enactment of the Improving America's Schools Act of 
     1994) and, where appropriate and feasible, to continue to 
     support, through grants or the extension of awards, such 
     centers in order to ensure that services will not be 
     interrupted, curtailed, or substantially diminished.

     ``SEC. 2308. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this subpart, there are 
     authorized to be appropriated $70,000,000 for fiscal year 
     1995 and such sums as may be necessary for each of the 4 
     succeeding fiscal years.

                ``Subpart 2--National Diffusion Network

     ``SEC. 2311. PROGRAM AUTHORIZED.

       ``(a) In General.--In order to increase the effectiveness 
     of the comprehensive regional centers established under 
     subpart 1 and to promote school reform, the Secretary shall 
     carry out a State-based outreach, consultation, and 
     dissemination program through the National Diffusion Network 
     and its State Facilitators. To carry out such program, the 
     Secretary shall make one or more awards in each State to 
     public educational agencies or public or private nonprofit 
     educational organizations or institutions to assist State and 
     local educational agencies, schools, and other appropriate 
     educational entities in that State to identify and implement 
     exemplary or promising educational programs and practices.
       ``(b) State Facilitator Activities.--The National Diffusion 
     Network State Facilitators for each State shall--
       ``(1) identify educational programs and practices for 
     possible dissemination throughout the State and Nation;
       ``(2) identify needs for assistance throughout the State, 
     including educational technology needs;
       ``(3) provide professional development and technical 
     assistance services;
       ``(4) promote and facilitate teacher networks throughout 
     the State; and
       ``(5) provide such other outreach, coordination, and 
     dissemination services as may be necessary to achieve the 
     purposes of this subpart.
       ``(c) Coordination and Administration.--
       ``(1) Coordination.--The National Diffusion Network State 
     Facilitators shall work in close cooperation, and coordinate 
     their activities, with the comprehensive regional centers 
     established under subpart 1.
       ``(2) Administration.--The National Diffusion Network State 
     Facilitators program shall be administered by the Office of 
     Reform Assistance and Dissemination established under section 
     941(b) of the Educational Research, Development, 
     Dissemination, and Improvement Act of 1994.
       ``(d) National Diffusion Network Effective Programs and 
     Promising Practices System.--The Secretary shall develop a 
     system of validating effective programs and promising 
     practices for dissemination through the National Diffusion 
     Network. Such system may include exemplary programs funded 
     through any office of the Department, the National Science 
     Foundation, or other Federal agencies. Such system shall be 
     coordinated, aligned with, and administered by the Office of 
     Reform Assistance and Dissemination established under section 
     941(b) of the Educational Research, Development, 
     Dissemination, and Improvement Act of 1994. The Secretary 
     shall give priority to identifying, validating, and 
     disseminating effective schoolwide projects, programs 
     addressing the needs of high poverty schools, and programs 
     with the capacity to offer high-quality, sustained technical 
     assistance. The Office of Educational Research and 
     Improvement Office of Reform Assistance and Dissemination 
     shall also administer a grant program for the purpose of 
     dissemination and the provision of technical assistance 
     regarding such system.

     ``SEC. 2312. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this subpart, there are 
     authorized to be appropriated $25,000,000 for fiscal year 
     1995 and such sums as may be necessary for each of the 4 
     succeeding fiscal years.

  ``Subpart 3--Eisenhower Regional Mathematics and Science Education 
                              Consortiums

     ``SEC. 2321. PROGRAM ESTABLISHED.

       ``(a) In General.--
       ``(1) Grants authorized.--The Secretary, in consultation 
     with the Director of the National Science Foundation, is 
     authorized to award grants or contracts to eligible entities 
     to enable such entities to establish and operate regional 
     mathematics and science education consortia for the purpose 
     of--
       ``(A) disseminating exemplary mathematics and science 
     education instructional materials; and
       ``(B) providing technical assistance for the implementation 
     of teaching methods and assessment tools for use by 
     elementary and secondary school students, teachers and 
     administrators.
       ``(2) Number.--The Secretary shall, in accordance with the 
     provisions of this section, award at least 1 grant or 
     contract to an eligible entity in each region.
       ``(3) Special rule.--In any fiscal year, if the amount made 
     available pursuant to section 2328 is less than $4,500,000, 
     then the Secretary may waive the provisions of paragraph (2) 
     and award grants or contracts of sufficient size, scope and 
     quality to carry out this section.
       ``(4) Designation.--Each regional consortium assisted under 
     this section shall be known as an `Eisenhower regional 
     consortium'.
       ``(b) Grant Term and Review.--Grants or contracts under 
     this subpart shall be awarded for a period of not more than 5 
     years and shall be reviewed before the end of the 30-month 
     period beginning on the date the grant or contract is 
     awarded. Grants or contracts under this subpart shall be 
     awarded before the end of the 12-month period beginning on 
     the date of the enactment of an Act making appropriations to 
     carry out the provisions of this subpart.
       ``(c) Amount.--In awarding grants or contracts under this 
     subpart, the Secretary shall assure that there is a 
     relatively equal distribution of the funds made available 
     among the regions, but the Secretary may award additional 
     funds to a regional consortium on the basis of population and 
     geographical conditions of the region being served.

     ``SEC. 2322. USE OF FUNDS.

       ``Funds provided under this subpart may be used by a 
     regional consortium, under the direction of a regional board 
     established pursuant to section 2324, to--
       ``(1) work cooperatively with the other regional 
     consortiums and the Eisenhower National Clearinghouse for 
     Science and Mathematics Education established under section 
     2123 to more effectively accomplish the activities described 
     in this section;
       ``(2) assist, train and provide technical assistance to 
     classroom teachers, administrators, and other educators to 
     identify, implement, assess or adapt the instructional 
     materials, teaching methods and assessment tools described in 
     paragraph (1);
       ``(3) provide for the training of classroom teachers to 
     enable such teachers to instruct other teachers, 
     administrators, and educators in the use of the instructional 
     materials, teaching methods and assessment tools described in 
     paragraph (1) in the classroom;
       ``(4) when necessary, provide financial assistance to 
     enable teachers and other educators to attend and participate 
     in the activities of the regional consortium;
       ``(5) implement programs and activities designed to meet 
     the needs of groups that are underrepresented in, and 
     underserved by, mathematics and science education;
       ``(6) assist State and local educational agencies in 
     identifying science equipment needs and help such agencies or 
     consortia thereof assess the need for and desirability of 
     regional mathematics and science academies;
       ``(7) develop and disseminate early childhood education 
     mathematics and science instructional materials;
       ``(8) disseminate information regarding informal 
     mathematics and science education activities and programs 
     offered by Federal agencies and private or public agencies 
     and institutions within the region;
       ``(9) collect data on activities assisted under this 
     subpart in order to evaluate the effectiveness of the 
     activities of the regional consortiums;
       ``(10) identify exemplary teaching practices and materials 
     from within the region and communicate such practices and 
     materials to the Eisenhower National Clearinghouse for 
     Mathematics and Science Education;
       ``(11) communicate, on a regular basis, with entities 
     within the region who are delivering services to students and 
     teachers of mathematics and science;
       ``(12) assist in the development and evaluation of State 
     and regional plans and activities that hold promise of 
     bringing about systemic reform in student performance in 
     mathematics and science; and
       ``(13) increase the use of informal education entities 
     (such as science technology centers, museums, libraries, 
     Saturday academies, and 4H programs) for educational purposes 
     to expand student knowledge and understanding.

     ``SEC. 2323. APPLICATION AND REVIEW.

       ``(a) In General.--Each eligible entity desiring a grant or 
     contract under this subpart shall submit an application to 
     the Secretary at such time, in such manner, and accompanied 
     by such additional information as the Secretary may 
     reasonably require. Each such application shall--
       ``(1) demonstrate that the eligible entity has demonstrated 
     expertise in the fields of mathematics and science education;
       ``(2) demonstrate that the eligible entity shall implement 
     and disseminate mathematics and science education 
     instructional materials, teaching methods, and assessment 
     tools through a consortium of the region's mathematics and 
     science education organizations and agencies;
       ``(3) demonstrate that the eligible entity shall carry out 
     the functions of the regional consortium;
       ``(4) demonstrate that emphasis will be given to programs 
     and activities designed to meet the needs of groups that are 
     underrepresented in, and underserved by, mathematics and 
     science education;
       ``(5) demonstrate that the business community in the region 
     served by the regional consortium will play an integral role 
     in designing and supporting the regional consortium's work;
       ``(6) demonstrate that the eligible entity will consider 
     the resources of existing Star Schools consortia established 
     pursuant to the Star Schools Program Assistance Act in 
     carrying out the provisions of this subpart, where 
     appropriate; and
       ``(7) assure that the entity will conduct its activities 
     and supervise its personnel in a manner that effectively 
     ensures compliance with the copyright laws of the United 
     States under title 17, United States Code.
       ``(b) Approval of Application.--
       ``(1) In general.--The Secretary shall approve or 
     disapprove applications submitted pursuant to subsection (a) 
     in accordance with the criteria and procedures established 
     under paragraph (2).
       ``(2) Procedures and criteria.--The Secretary shall develop 
     procedures and criteria designed to ensure that grants or 
     contracts are awarded on the basis of merit as determined by 
     the competitive peer review process described in paragraph 
     (3).
       ``(3) National panel.--(A) The Secretary, in consultation 
     with the Director, shall establish a national panel, or to 
     the extent necessary, panels, to submit to the Secretary 
     recommendations for awards of grants or contracts under this 
     subpart. The Secretary shall appoint the members of such 
     panel or panels.
       ``(B) Each panel appointed under subparagraph (A) shall 
     include participation, to the extent feasible, from each 
     region.

     ``SEC. 2324. REGIONAL BOARDS.

       ``(a) In General.--Each eligible entity receiving a grant 
     or contract under this subpart shall establish a regional 
     board to oversee the administration and establishment of 
     program priorities for the regional consortium established by 
     such eligible entity. Such regional board shall be broadly 
     representative of the agencies and organizations 
     participating in the regional consortium.
       ``(b) Prohibition on Use of Federal Funds.--No Federal 
     funds may be used for the establishment or operation of a 
     regional board required by subsection (a), except that at the 
     discretion of a regional board, Federal funds may be used to 
     provide assistance such as travel and accommodations for 
     board members who could not otherwise afford to participate 
     as members of the board.

     ``SEC. 2325. PAYMENTS; FEDERAL SHARE; NON-FEDERAL SHARE.

       ``(a) Payments.--The Secretary shall pay to each eligible 
     entity having an application approved under section 2323 the 
     Federal share of the cost of the activities described in the 
     application.
       ``(b) Federal Share.--For the purpose of subsection (a), 
     the Federal share shall be 80 percent.
       ``(c) Non-Federal Share.--The non-Federal share of the cost 
     of activities described in the application submitted pursuant 
     to this section may be in cash or in kind, fairly evaluated. 
     At least 10 percent of such non-Federal share shall be from 
     sources other than the Federal Government or State or local 
     government.

     ``SEC. 2326. EVALUATION.

       ``(a) Evaluation Required.--The Secretary, through the 
     Office of Educational Research and Improvement and in 
     accordance with section 10701, shall collect sufficient data 
     on, and evaluate the effectiveness of, the activities of each 
     regional consortium.
       ``(b) Assessment.--The evaluations described in paragraph 
     (1) shall include an assessment of the effectiveness of the 
     regional consortium in meeting the needs of the schools, 
     teachers, administrators and students in the region.
       ``(c) Report.--At the end of each grant or contract period, 
     the Secretary shall submit to the Congress a report on the 
     effectiveness of the programs conducted at each regional 
     consortium.

     ``SEC. 2327. DEFINITIONS.

       ``For purposes of this subpart:
       ``(1) The term `eligible entity' means--
       ``(A) a private nonprofit organization of demonstrated 
     effectiveness;
       ``(B) an institution of higher education;
       ``(C) an elementary or secondary school;
       ``(D) a State or local educational agency;
       ``(E) a regional educational laboratory in consortium with 
     the research and development center established under section 
     931(c)(1)(B)(i) of the Educational Research, Development, 
     Dissemination, and Improvement Act of 1994; or
       ``(F) any combination of the entities described in 
     subparagraphs (A) through (E),
     with demonstrated expertise in mathematics and science 
     education.
       ``(2) The terms `mathematics' and `science' include the 
     technology education associated with such mathematics and 
     science, respectively.
       ``(3) The term `region' means a region of the United States 
     served by a regional education laboratory that is supported 
     by the Secretary pursuant to section 405(d)(4)(A)(i) of the 
     General Education Provisions Act (as such section was in 
     existence on the day preceding the date of enactment of the 
     Goals 2000: Educate America Act.
       ``(4) The term `regional consortium' means each regional 
     mathematics and science education consortium established 
     pursuant to section 2311.
       ``(5) The term `State agency for higher education' means 
     the State board of higher education or other agency or 
     officer primarily responsible for the State supervision of 
     higher education, or, if there is no such officer or agency, 
     an officer or agency designated for the purpose of this title 
     by the Governor or by State law.

     ``SEC. 2328. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $23,000,000 for 
     fiscal year 1995, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years, to carry out this subpart.

             ``PART D--TERRITORIAL TEACHER TRAINING PROGRAM

     ``SEC. 2401. TERRITORIAL TEACHER TRAINING PROGRAM.

       ``There are authorized to be appropriated $2,000,000 for 
     fiscal year 1995, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years, for the purpose of 
     assisting teacher training programs in Guam, American Samoa, 
     the Virgin Islands, the Commonwealth of the Northern Mariana 
     Islands, the Republic of the Marshall Islands, the Federated 
     States of Micronesia, and Palau. From the sums appropriated 
     pursuant to this section the Secretary shall make grants and 
     enter into contracts for the purpose of providing training to 
     teachers in schools in Guam, American Samoa, the Virgin 
     Islands, the Commonwealth of the Northern Mariana Islands, 
     the Republic of the Marshall Islands, the Federated States of 
     Micronesia, and Palau. The Secretary may make grants to or 
     contracts with any organization considered qualified to 
     provide training for teachers in such schools and shall allot 
     such sums among such territories on the basis of the need for 
     such training.

   ``PART E--TELECOMMUNICATIONS DEMONSTRATION PROJECT FOR MATHEMATICS

     ``SEC. 2501. PROJECT AUTHORIZED.

       ``The Secretary is authorized to make grants to a nonprofit 
     telecommunications entity, or partnership of such entities, 
     for the purpose of carrying out a national 
     telecommunications-based demonstration project to improve the 
     teaching of mathematics. The demonstration project authorized 
     by this part shall be designed to assist elementary and 
     secondary school teachers in preparing all students for 
     achieving State content standards.

     ``SEC. 2502. APPLICATION REQUIRED.

       ``(a) In General.--Each nonprofit telecommunications 
     entity, or partnership of such entities, desiring a grant 
     under this part shall submit an application to the Secretary. 
     Each such application shall--
       ``(1) demonstrate that the applicant will use the existing 
     publicly funded telecommunications infrastructure to deliver 
     video, voice and data in an integrated service to train 
     teachers in the use of new standards-based curricula 
     materials and learning technologies;
       ``(2) assure that the project for which assistance is 
     sought will be conducted in cooperation with appropriate 
     State educational agencies, local educational agencies, State 
     or local nonprofit public telecommunications entities, and a 
     national mathematics education professional association that 
     has developed content standards;
       ``(3) assure that a significant portion of the benefits 
     available for elementary and secondary schools from the 
     project for which assistance is sought will be available to 
     schools of local educational agencies which have a high 
     percentage of children counted for the purpose of part A of 
     title I; and
       ``(4) contain such additional assurances as the Secretary 
     may reasonably require.
       ``(b) Approval of Applications; Number of Demonstration 
     Sites.--In approving applications under this section, the 
     Secretary shall assure that the demonstration project 
     authorized by this subpart is conducted at elementary and 
     secondary school sites in at least 15 States.

     ``SEC. 2503. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out this 
     part, $5,000,000 for the fiscal year 1995, and such sums as 
     may be necessary for each of the 4 succeeding fiscal years.
                 ``TITLE III--TECHNOLOGY FOR EDUCATION

     ``SEC. 3001. SHORT TITLE.

       ``This title may be cited as the `Technology for Education 
     Act of 1994'.

           ``PART A--EDUCATIONAL TECHNOLOGY FOR ALL STUDENTS

     ``SEC. 3111. FINDINGS.

       ``The Congress finds that--
       ``(1) technology applications can help propel our Nation's 
     school systems into very immediate and dramatic reform, 
     without which our Nation will not meet the National Education 
     Goals by the target year 2000;
       ``(2) creative uses of technology can reshape our Nation's 
     outdated method of providing education and empower teachers 
     to create an environment where students can be challenged 
     through rigorous, rich classroom instruction at a pace that 
     suits the learning style of each student;
       ``(3) the acquisition and use of technology in education 
     throughout the United States has been inhibited by--
       ``(A) the limited exposure of students and teachers to the 
     power of technology as a cost-effective tool to improve 
     student learning and achievement;
       ``(B) the inability of many State and local educational 
     agencies to invest in and support needed technologies;
       ``(C) the lack of appropriate electrical and telephone 
     connections in the classroom; and
       ``(D) the limited availability of technology-enhanced 
     curriculum, professional development and administrative 
     support resources and services in the educational 
     marketplace;
       ``(4) advancements in technology offer new opportunities to 
     promote partnerships among teachers, administrators, 
     students, parents, communities, and industry in the quest for 
     knowledge and the process of learning;
       ``(5) technology, when used as an essential tool in the 
     learning process, will help cultivate and maintain a 
     technologically literate citizenry and internationally 
     competitive work force;
       ``(6) the Department of Education, consistent with the 
     overall national technology policy established by the 
     President, must assume a vital leadership and coordinating 
     role in developing the national vision and strategy to infuse 
     advanced technology throughout all educational programs;
       ``(7) Federal support can ease the burden at the State and 
     local levels by enabling the acquisition of advanced 
     technology and initiating the development of teacher training 
     and support as well as new educational products;
       ``(8) leadership at the Federal level should consider 
     guidelines to ensure that educational technology is 
     accessible to all users with maximum interoperability 
     nationwide;
       ``(9) policies at the Federal, State, and local levels 
     concerning technology in education must address disparities 
     in the availability of technology to different groups of 
     students and make it a priority to serve those students in 
     greatest need;
       ``(10) continuing professional development for teachers and 
     administrators requires ongoing exposure to advancements in 
     technology in order to keep such teachers and administrators 
     excited and knowledgeable about the unfolding opportunities 
     for the classroom; and
       ``(11) the increasing use of new technologies and 
     telecommunications systems in business has increased the gap 
     between schooling and work force preparation, and underscores 
     the need for technology policies at the Federal, State, 
     tribal, and local levels that address preparation for school-
     to-work transitions.

     ``SEC. 3112. STATEMENT OF PURPOSE.

       ``It is the purpose of this part--
       ``(1) to promote equal access for all students to 
     educational opportunities through advances in technology, 
     including the information infrastructure, in order to achieve 
     the National Education Goals by the year 2000;
       ``(2) to provide funding that will assist activities 
     undertaken by the State and local school districts to promote 
     and provide equipment, teacher training, and technical 
     support;
       ``(3) to support technical assistance, professional 
     development, information and resource dissemination, in order 
     to help States, local school districts, and teachers 
     successfully integrate technology into kindergarten through 
     12th grade classrooms;
       ``(4) to support the development of educational and 
     instructional programming in core subject areas, which 
     programming shall address the National Education Goals;
       ``(5) to offer opportunities for creative partnerships 
     within the marketplace in order to develop state-of-the-art 
     educational technology products that promote the use of 
     advanced technologies in the classroom;
       ``(6) to avoid duplication and the development of 
     incompatible systems by strengthening and building upon 
     existing telecommunications infrastructures dedicated to 
     educational purposes; and
       ``(7) to ensure that uses of educational technology are 
     consistent with the overall national technology policy 
     established by the President.

     ``SEC. 3113. DEFINITIONS.

       ``For the purpose of this part--
       ``(1) the term `all students' means students from a broad 
     range of backgrounds and circumstances, including 
     disadvantaged students, students with diverse racial, ethnic, 
     and cultural backgrounds, students with disabilities, 
     students with limited-English proficiency, students who have 
     dropped out of school, and academically talented students;
       ``(2) the term `information infrastructure' means a network 
     of communication systems designed to exchange information 
     among all citizens and residents of the United States;
       ``(3) the term `instructional programming' means the full 
     range of audio and video data, text, graphics, or additional 
     state-of-the-art communications, including multimedia based 
     resources distributed through interactive, command and 
     control, or passive methods for the purpose of education and 
     instruction;
       ``(4) the terms `interoperable' and `interoperability' 
     refer to the ability to easily exchange data with, and 
     connect to, other hardware and software in order to provide 
     the greatest accessibility for all students;
       ``(5) the term `local educational agency' includes an 
     elementary or secondary school funded by the Bureau of Indian 
     Affairs, except that such schools shall not be subject to the 
     jurisdiction of any State educational agency other than the 
     Bureau of Indian Affairs;
       ``(6) the term `Office' means the Office of Educational 
     Technology;
       ``(7) the term `public telecommunications entity' has the 
     same meaning given to such term by section 397(12) of the 
     Communications Act of 1934;
       ``(8) the term `State educational agency' includes the 
     Bureau of Indian Affairs for purposes of serving schools 
     funded by the Bureau of Indian Affairs in accordance with 
     this part; and
       ``(9) the term `technology' means state-of-the-art 
     technology products and services, such as closed circuit 
     television systems, educational television and radio programs 
     and services, cable television, satellite, copper and fiber 
     optic transmission, computer, video and audio laser and CD-
     ROM discs, and video and audio tapes.

       ``Subpart 1--National Programs in Technology for Education

     ``SEC. 3121. PURPOSES.

       ``It is the purpose of this subpart to promote achievement 
     of the National Education Goals and--
       ``(1) to provide leadership at the Federal level, through 
     the Department, by developing a national vision and 
     strategy--
       ``(A) to infuse technology and technology planning into all 
     educational programs and training functions carried out 
     within school systems at the State, tribal, and local levels;
       ``(B) to coordinate educational technology activities among 
     the related Federal and State departments or agencies, 
     industry leaders, and interested educational and parental 
     organizations;
       ``(C) to establish working guidelines to ensure maximum 
     interoperability nationwide and ease of access for the 
     emerging technologies so that no school system will be 
     excluded from the technological revolution; and
       ``(D) to ensure that Federal technology-related policies 
     and programs facilitate the use of technology in education;
       ``(2) to promote awareness of the potential of technology 
     for improving teaching and learning;
       ``(3) to support State and local efforts to increase the 
     effective use of technology for education;
       ``(4) to demonstrate ways in which technology can be used 
     to improve teaching and learning, and to help ensure that all 
     students have an equal opportunity to meet challenging State 
     education standards;
       ``(5) to ensure the availability and dissemination of 
     knowledge (drawn from research and experience) that can form 
     the basis for sound State and local decisions about 
     investment in, and effective uses of, educational technology;
       ``(6) to promote high-quality professional development 
     opportunities for teachers, pupil-services personnel and 
     administrators regarding the integration of technology into 
     instruction and administration;
       ``(7) to support development, production, and distribution 
     of technology enhanced curriculum, and instruction and 
     administrative support resources and services;
       ``(8) to promote the effective uses of technology in 
     existing Federal education programs, such as part A of title 
     I and vocational education programs; and
       ``(9) to monitor, and disseminate information regarding, 
     advancements in technology to encourage the development of 
     effective educational uses of technology.

     ``SEC. 3122. FEDERAL LEADERSHIP.

       ``(a) Activities Authorized.--
       ``(1) In general.--In order to provide Federal leadership 
     that promotes higher student achievement through the use of 
     technology in education and to achieve the purposes of this 
     subpart, the Secretary, in consultation with the Office of 
     Science and Technology Policy, the National Science 
     Foundation, the United States National Commission on 
     Libraries and Information Sciences, the Department of 
     Commerce, the Department of Energy, the National Aeronautics 
     and Space Administration, the Bureau of Indian Affairs, and 
     other appropriate Federal departments or agencies, may carry 
     out activities designed to achieve the purposes of this 
     subpart.
       ``(2) Transfer of funds.--For the purpose of carrying out 
     coordinated or joint activities to achieve the purposes of 
     this subpart, the Secretary may accept funds from, or 
     transfer funds to, other Federal departments or agencies.
       ``(b) National Long-Range Technology Plan.--
       ``(1) In general.--The Secretary shall develop and publish 
     within 12 months of the date of enactment of the Improving 
     America's Schools Act of 1994, and update when the Secretary 
     determines appropriate, a national long-range plan that 
     supports the overall national technology policy and carries 
     out the purposes of this subpart.
       ``(2) Plan requirements.--The Secretary shall--
       ``(A) develop the national long-range plan in consultation 
     with other Federal departments or agencies, State and local 
     education practitioners and policymakers, experts in 
     technology and the educational applications of technology, 
     representatives of distance learning consortia, 
     representatives of telecommunications partnerships receiving 
     assistance under the Star Schools Act, and providers of 
     technology services and products;
       ``(B) transmit such plan to the President and to the 
     appropriate committees of the Congress; and
       ``(C) publish such plan in a form that is readily 
     accessible to the public.
       ``(3) Contents of the plan.--The national long-range plan 
     shall describe the Secretary's activities to promote the 
     purposes of this subpart, including--
       ``(A) how the Secretary will encourage the effective use of 
     technology to provide all students the opportunity to achieve 
     State content standards and State student performance 
     standards, especially through programs administered by the 
     Department;
       ``(B) joint activities in support of the overall national 
     technology policy with other Federal departments or agencies, 
     such as the Office of Science and Technology Policy, the 
     National Endowment for the Humanities, the National Endowment 
     for the Arts, the National Aeronautics and Space 
     Administration, the National Science Foundation, the Bureau 
     of Indian Affairs, and the Departments of Commerce, Energy, 
     Health and Human Services, and Labor--
       ``(i) to promote the use of technology in education, and 
     training and lifelong learning, including plans for the 
     educational uses of a national information infrastructure; 
     and
       ``(ii) to ensure that the policies and programs of such 
     departments or agencies facilitate the use of technology for 
     educational purposes, to the extent feasible;
       ``(C) how the Secretary will work with educators, State and 
     local educational agencies, and appropriate representatives 
     of the private sector to facilitate the effective use of 
     technology in education;
       ``(D) how the Secretary will promote--
       ``(i) higher achievement of all students through the 
     integration of technology into the curriculum;
       ``(ii) increased access to the benefits of technology for 
     teaching and learning for schools with a high number or 
     percentage of children from low-income families;
       ``(iii) the use of technology to assist in the 
     implementation of State systemic reform strategies;
       ``(iv) the application of technological advances to use in 
     education; and
       ``(v) increased opportunities for the professional 
     development of teachers in the use of new technologies;
       ``(E) how the Secretary will determine, in consultation 
     with appropriate individuals, organizations, industries, and 
     agencies, the feasibility and desirability of establishing 
     guidelines to facilitate an easy exchange of data and 
     effective use of technology in education;
       ``(F) how the Secretary will promote the exchange of 
     information among States, local educational agencies, 
     schools, consortia, and other entities concerning the 
     effective use of technology in education;
       ``(G) how the Secretary will utilize the outcomes of the 
     evaluation undertaken pursuant to section 3206(c)(2) to 
     promote the purposes of this subpart; and
       ``(H) the Secretary's long-range measurable goals and 
     objectives relating to the purposes of this subpart.
       ``(c) Assistance.--The Secretary shall provide assistance 
     to the States to enable such States to plan effectively for 
     the use of technology in all schools throughout the State in 
     accordance with the purpose and requirements of section 317 
     of the Goals 2000: Educate America Act.
       ``(d) Uses of Funds.--
       ``(1) In general.--The Secretary shall use funds made 
     available to carry out this section for activities designed 
     to carry out the purpose of this subpart, including--
       ``(A) providing assistance to technical assistance 
     providers to enable such providers to improve substantially 
     the services such providers offer to educators regarding the 
     educational uses of technology, including professional 
     development;
       ``(B) consulting with representatives of industry, 
     elementary and secondary education, higher education, and 
     appropriate experts in technology and the educational 
     applications of technology, in carrying out the activities 
     assisted under this subpart;
       ``(C) research on, and the development of, guidelines to 
     facilitate maximum interoperability, efficiency and easy 
     exchange of data for effective use of technology in 
     education;
       ``(D) research on, and the development of, educational 
     applications of the most advanced and newly emerging 
     technologies;
       ``(E) the development, demonstration, and evaluation of 
     applications of existing technology in preschool education, 
     elementary and secondary education, training and lifelong 
     learning, and professional development of educational 
     personnel;
       ``(F) the development and evaluation of software and other 
     products, including multimedia television programming, that 
     incorporate advances in technology and help achieve the 
     National Education Goals, State content standards and State 
     student performance standards;
       ``(G) the development, demonstration, and evaluation of 
     model strategies for preparing teachers and other personnel 
     to use technology effectively to improve teaching and 
     learning;
       ``(H) the development of model programs that demonstrate 
     the educational effectiveness of technology in urban and 
     rural areas and economically distressed communities;
       ``(I) research on, and the evaluation of, the effectiveness 
     and benefits of technology in education, giving priority to 
     research on, and evaluation of, such effectiveness and 
     benefits in elementary and secondary schools;
       ``(J) a biennial assessment of, and report to the public 
     regarding, the uses of technology in elementary and secondary 
     education throughout the United States upon which private 
     businesses and Federal, State, tribal, and local governments 
     may rely for decisionmaking about the need for, and provision 
     of, appropriate technologies in schools, which assessment and 
     report shall use, to the extent possible, existing 
     information and resources;
       ``(K) conferences on, and dissemination of information 
     regarding, the uses of technology in education;
       ``(L) the development of model strategies to promote gender 
     equity in the use of technology;
       ``(M) encouraging collaboration between the Department and 
     other Federal agencies in the development, implementation, 
     evaluation and funding of applications of technology for 
     education, as appropriate; and
       ``(N) such other activities as the Secretary determines 
     will meet the purposes of this subpart.
       ``(2) Special rules.--
       ``(A) The Secretary shall carry out the activities 
     described in paragraph (1) directly or by grant or contract.
       ``(B) Each grant or contract under this section shall be 
     awarded--
       ``(i) on a competitive basis; and
       ``(ii) pursuant to a peer review process.
       ``(e) Non-Federal Share.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     Secretary may require any recipient of a grant or contract 
     under this section to share in the cost of the activities 
     assisted under such grant or contract, which non-Federal 
     share shall be announced through a notice in the Federal 
     Register and may be in the form of cash or in-kind 
     contributions, fairly valued.
       ``(2) Increase.--The Secretary may increase the non-Federal 
     share that is required of a recipient of a grant or contract 
     under this section after the first year such recipient 
     receives funds under such grant or contract.
       ``(3) Maximum.--The non-Federal share required under this 
     section shall not exceed 50 percent of the cost of the 
     activities assisted pursuant to a grant or contract under 
     this section.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated $5,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this section.

     ``SEC. 3123. REGIONAL TECHNICAL SUPPORT AND PROFESSIONAL 
                   DEVELOPMENT.

       ``(a) Grants Authorized.--
       ``(1) Authority.--The Secretary, through the Office of 
     Educational Technology, shall make grants, on a competitive 
     basis, to regional educational technology assistance 
     consortia in accordance with the provisions of this section. 
     In awarding grants under this section, the Secretary shall 
     ensure that each geographic region of the United States shall 
     be served by such a consortium.
       ``(2) Requirements.--Each consortium receiving a grant 
     under this section shall--
       ``(A) be composed of State educational agencies, 
     institutions of higher education, nonprofit organizations, or 
     a combination thereof;
       ``(B) in cooperation with State and local educational 
     agencies, develop a regional program that addresses 
     professional development, technical assistance, and 
     information resource dissemination, with special emphasis on 
     meeting the documented needs of educators and learners in the 
     region; and
       ``(C) foster regional cooperation and resource and 
     coursework sharing.
       ``(3) Special rule.--Each consortium receiving a grant 
     under this section shall use not less than 80 percent of the 
     grant funds to carry out paragraph (2) of subsection (b).
       ``(b) Functions.--
       ``(1) Technical assistance.--Each consortium receiving a 
     grant under this section shall--
       ``(A) collaborate with State educational agencies and local 
     educational agencies requesting collaboration, particularly 
     in the development of strategies for assisting those schools 
     with the highest numbers or percentages of disadvantaged 
     students with little or no access to technology in the 
     classroom;
       ``(B) provide information, in coordination with information 
     available from the Secretary, to State educational agencies, 
     local educational agencies, and schools on the types and 
     features of various educational technology equipment and 
     software available, evaluate and make recommendations on 
     equipment and software that support the National Education 
     Goals and are suited for a school's particular needs, and 
     compile and share information regarding creative and 
     effective applications of technology in the classroom in 
     order to support the purposes of this subpart;
       ``(C) collaborate with such State educational agencies, 
     local educational agencies, or schools requesting to 
     participate in the tailoring of software programs and other 
     supporting materials to meet State content standards or State 
     student performance standards that may be developed; and
       ``(D) provide technical assistance to facilitate use of the 
     electronic dissemination networks by State and local 
     educational agencies and schools throughout the region.
       ``(2) Professional development.--Each consortium receiving 
     a grant under this section shall--
       ``(A) develop and implement, in collaboration with State 
     educational agencies and institutions of higher education, 
     technology-specific, ongoing professional development, such 
     as--
       ``(i) intensive school year and summer workshops that use 
     teachers to train other teachers; and
       ``(ii) distance educational professional development, 
     including--

       ``(I) interactive training telecourses using researchers, 
     educators, and telecommunications personnel who have 
     experience in developing, implementing, or operating 
     educational and instructional technology as a learning tool;

       ``(II) onsite courses teaching teachers to use educational 
     and instructional technology and to develop their own 
     instructional materials for effectively incorporating 
     technology and programming in their own classrooms;
       ``(III) methods for successful integration of instructional 
     technology into the curriculum in order to improve student 
     learning and achievement;
       ``(IV) video conferences and seminars which offer 
     professional development through peer interaction with 
     experts as well as other teachers using technologies in their 
     classrooms; and
       ``(V) mobile education technology and training resources;

       ``(B) develop training resources that--
       ``(i) are relevant to the needs of the region and schools 
     within the region;
       ``(ii) are relevant to the needs of adult literacy staff 
     and volunteers, including onsite courses on how to--

       ``(I) use instructional technology; and
       ``(II) develop instructional materials for adult learning; 
     and

       ``(iii) are aligned with the needs of teachers and 
     administrators in the region;
       ``(C) establish a repository of professional development 
     and technical assistance resources;
       ``(D) identify and link technical assistance providers to 
     State and local educational agencies, as needed;
       ``(E) provide followup to ensure that training, 
     professional development, and technical assistance meet the 
     needs of educators, parents and students served by the 
     region;
       ``(F) assist colleges and universities within the region to 
     develop and implement preservice training programs for 
     students enrolled in teacher education programs; and
       ``(G) assist local educational agencies and schools in 
     working with community members and parents to develop support 
     from communities and parents for educational technology 
     programs and projects.
       ``(3) Information and resource dissemination.--Each 
     consortium receiving a grant under this section shall--
       ``(A) assist State and local educational agencies in the 
     identification and procurement of financial, technological 
     and human resources needed to implement technology plans;
       ``(B) provide outreach and, at the request of a State or 
     local educational agency, work with such agency to assist in 
     the development and validation of instructionally based 
     technology education resources; and
       ``(C) coordinate activities and establish partnerships with 
     organizations and institutions of higher education that 
     represent the interests of the region as such interests 
     pertain to the application of technology in teaching, 
     learning, instructional management, dissemination, collection 
     and distribution of educational statistics, and the transfer 
     of student information.
       ``(4) Coordination.--Each consortium receiving a grant 
     under this section shall work collaboratively, and coordinate 
     the services the consortium provides, with appropriate 
     entities assisted in whole or in part by the Department.
       ``(5) Authorization of appropriations.--There are 
     authorized to be appropriated $50,000,000 for the fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this section.

     ``SEC. 3124. EDUCATIONAL TECHNOLOGY PRODUCT DEVELOPMENT.

       ``(a) Purpose.--It is the purpose of this section to--
       ``(1) support development of curriculum-based learning 
     resources using state-of-the-art technologies and techniques 
     designed to improve student learning; and
       ``(2) support development of long-term comprehensive 
     instructional programming and associated support resources 
     that ensure maximum access by all educational institutions.
       ``(b) Federal Assistance Authorized.--
       ``(1) Authority.--The Secretary, through the Office of 
     Educational Technology, shall award grants, on a competitive 
     basis, to eligible consortia to pay the Federal share of the 
     cost of developing, producing, and distributing products 
     consisting of curriculum-based learning resources, services, 
     and instructional programming for teachers and students, 
     which incorporate state-of-the-art applications of advanced 
     technology, including educational radio and television.
       ``(2) Eligible consortium.--For the purpose of this 
     subsection the term `eligible consortium' means a 
     consortium--
       ``(A) that shall include--
       ``(i) a State or local educational agency; and
       ``(ii) a business, industry or telecommunications entity; 
     and
       ``(B) that may include--
       ``(i) a public or private nonprofit organization; or
       ``(ii) a postsecondary institution.
       ``(3) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to applications describing 
     products that are developed--
       ``(A) so that the product may be adapted and applied 
     nationally at a reasonable cost over a broad technology 
     platform;
       ``(B) to raise the achievement levels of all students, 
     particularly students who are not realizing their potential;
       ``(C) in consultation with classroom teachers;
       ``(D) through consultation and collaboration with 
     appropriate education entities in designing the product to 
     ensure relevance to the voluntary national content standards, 
     the voluntary national student performance standards and 
     State curriculum frameworks; and
       ``(E) so that the product can be adapted for use by adults 
     in need of literacy services, including English as a second 
     language and preparation for a secondary school diploma or 
     its recognized equivalent.
       ``(4) Matching requirement.--The Secretary may require any 
     recipient of a grant or contract under this subpart to share 
     in the cost of the activities assisted under such grant or 
     contract, which non-Federal share shall be announced through 
     a notice in the Federal Register and may be in the form of 
     cash or in-kind contributions, fairly valued.
       ``(5) Requirements for federal assistance.--Each eligible 
     consortium desiring Federal assistance under this section 
     shall submit an application to the Secretary at such time and 
     in such manner as the Secretary may prescribe. Each 
     application shall include--
       ``(A) a description of how the product will improve the 
     achievement levels of students;
       ``(B) a description of how the activities assisted under 
     this section will promote professional development of 
     teachers and administrators in the uses and applications of 
     the product, including the development of training materials;
       ``(C) a description of design, development, field testing, 
     evaluation, and distribution of products, where appropriate;
       ``(D) an assurance that the product shall effectively serve 
     a significant number or percentage of economically 
     disadvantaged students;
       ``(E) plans for dissemination of products to a wide 
     audience of learners;
       ``(F) provisions for closed captioning or descriptive 
     video, where appropriate;
       ``(G) a description of how ownership and rights to the use 
     and marketing of any product developed by the consortium, 
     including intellectual property rights, will be allocated 
     among consortium participants; and
       ``(H) a description of the contributions, including 
     services and funds, to be made by each member of the 
     consortium, and how any revenues derived from the sale of any 
     product developed by the consortium shall be distributed.
       ``(c) Consumer Report.--The Secretary shall disseminate 
     information about products developed pursuant to provisions 
     of this section to State and local educational agencies, and 
     other organizations or individuals that the Secretary 
     determines to be appropriate, through print and electronic 
     media that are accessible to the education community at 
     large.
       ``(d) Proceeds.--The Secretary shall not prohibit an 
     eligible consortium or any of the members of such consortium 
     from receiving financial benefits from the distribution of 
     any products resulting from the assistance received under 
     this section. Notwithstanding any other provision of law, any 
     profits or royalties received by a State educational agency, 
     local educational agency, or other nonprofit member of an 
     eligible consortium receiving assistance under this section 
     shall be used to support further development of curriculum-
     based learning resources, services, and programming or to 
     provide access to such products for a wider audience.
       ``(e) Authorization of Funds.--There are authorized to be 
     appropriated $50,000,000 for the fiscal year 1995, and such 
     sums as may be necessary for each of the 4 succeeding fiscal 
     years, to carry out this section.

     ``SEC. 3125. RESEARCH ON EDUCATIONAL APPLICATIONS OF ADVANCED 
                   TECHNOLOGIES.

       ``(a) Purpose.--It is the purpose of this section to--
       ``(1) provide direction and support for the conduct of 
     research on advanced educational technologies; and
       ``(2) provide support for long-term, comprehensive 
     educational applications of advanced high performance 
     computer and communication technologies and video 
     technologies in support of the core subjects of the National 
     Education Goals.
       ``(b) General Authority.--The Secretary, consistent with 
     the overall national technology policy established by the 
     President, and in cooperation with other Federal departments 
     and agencies, is authorized to support research on 
     educational applications of advanced learning technologies.
       ``(c) Grants Authorized.--The Secretary, through the Office 
     of Educational Technology, shall award grants to or enter 
     into contracts for research projects intended to develop 
     educational applications of advanced technologies.
       ``(d) Application.--Each entity desiring assistance under 
     this section shall submit to the Secretary an application at 
     such time, in such manner and accompanied by such information 
     as the Secretary may reasonably require. Each such 
     application shall--
       ``(1) define clearly the scope and content of the subject 
     matter of the research and the relevance of the advanced 
     technology to such content;
       ``(2) describe the potential market for both the hardware 
     and software developed under this section; and
       ``(3) assess the applications of the advanced technology in 
     a way that will validate the technology's impact on student 
     learning and achievement.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated $20,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this section.

     ``SEC. 3126. HIGH PERFORMANCE EDUCATIONAL COMPUTING AND 
                   TELECOMMUNICATIONS NETWORKS.

       ``(a) Purpose.--It is the purpose of this section to 
     support the development, demonstration, and evaluation of the 
     educational aspects of high performance computing and 
     communication technologies and of the national information 
     infrastructure, including the use of high performance 
     computing and communication and the national information 
     infrastructure in--
       ``(1) providing professional development for teachers and 
     other educators, as appropriate;
       ``(2) enhancing academic curricula for elementary and 
     secondary school students in order to provide such students 
     with opportunities to meet challenging State student 
     performance standards;
       ``(3) facilitating communications among schools, local 
     educational agencies, parents of students, and local 
     communities;
       ``(4) facilitating an effective transition from secondary 
     school to employment; and
       ``(5) other such areas of education as the Secretary deems 
     appropriate.
       ``(b) Authority.--
       ``(1) In general.--(A) The Secretary, consistent with the 
     overall national technology policy established by the 
     President, and in cooperation with other Federal departments 
     and agencies, shall support the development of an electronic 
     network program for the dissemination of educational 
     information throughout the United States, including 
     information about effective technology-enhanced programs, 
     resources and services.
       ``(B) In carrying out subparagraph (A) the Secretary 
     shall--
       ``(i) to the extent possible, coordinate activities 
     assisted under this section with other dissemination 
     activities assisted by the Department in order to--
       ``(I) avoid duplication; and
       ``(II) utilize the existing resources of the Department;
       ``(ii) consult with educators, State and local educational 
     agencies, telecommunications providers, and other appropriate 
     education entities throughout the United States to determine 
     information requirements and policies for the effective 
     dissemination of information;
       ``(iii) provide access to the existing Department of Energy 
     FEDIX/MOLIS Information System regarding information about 
     excess equipment (computers and supporting materials) within 
     the Federal Government that are available for transfer to 
     elementary and secondary schools; and
       ``(iv) make use of existing networks or developing 
     networks, to the extent possible.
       ``(2) Requirements; specifications; and prototype 
     operations.--The Secretary is authorized to--
       ``(A) identify educational high performance computing and 
     telecommunications network requirements;
       ``(B) develop specifications for the implementation of such 
     requirements within any national telecommunications network;
       ``(C) establish prototype operations on existing networks 
     to validate and further develop the educational 
     specifications which will facilitate the use of such networks 
     by kindergarten through 12th grade students, teachers, 
     librarians, administrators, and parents;
       ``(D) represent the needs and interests of elementary and 
     secondary schools in the Federal planning and development of 
     a national information infrastructure; and
       ``(E) identify policy issues, such as communication rate 
     structures and intellectual property rights, that affect the 
     ability of the public schools to make effective use of the 
     emerging information highways, and make recommendations to 
     the Congress regarding such issues.
       ``(c) Types of Grants.--The Secretary, through the Office 
     of Educational Technology, shall award the following types of 
     grants:
       ``(1) Requirements grants.--The Secretary shall solicit 
     proposals for and award grants to 1 or more entities for the 
     identification of educational high performance computing and 
     telecommunications network requirements. The solicitation 
     shall request proposals to--
       ``(A) identify and describe existing and planned 
     educational high performance computing and telecommunications 
     network efforts;
       ``(B) identify potential uses of such networks in 
     kindergarten through 12th grade education by schools 
     throughout the United States;
       ``(C) assess impediments to the development of such 
     networks in kindergarten through 12th grade education, such 
     as--
       ``(i) technological impediments;
       ``(ii) availability of technology-enhanced curriculum, 
     instruction, and administrative support resources and 
     services in schools; and
       ``(iii) parent, student, teacher and administrator 
     attitudes toward technology-enhanced education;
       ``(D) assess the anticipated costs and benefits to be 
     derived from such network access in kindergarten through 12th 
     grade education and recommend priorities for development of 
     such network; and
       ``(E) identify the range of possible educational 
     applications of, and potential sources of funding for, both 
     networks and information resources and databases that exist 
     or are being developed by other Federal departments or 
     agencies.
       ``(2) Specifications grants.--The Secretary shall solicit 
     proposals for and award grants to 1 or more entities for the 
     design and development of educational specifications which 
     may be used to ensure educational access to any national 
     educational high performance computing and telecommunications 
     network. The solicitation shall request proposals to--
       ``(A) incorporate--
       ``(i) the findings of the grant recipients under paragraph 
     (1); and
       ``(ii) the priorities recommended for such networks by the 
     Secretary consistent with the overall national technology 
     policy established by the President;
       ``(B) provide for design alternatives and specifications 
     that address--
       ``(i) linkage of schools and communities with each other, 
     with central resource centers, and with Federal and State 
     agencies over existing or planned telecommunications 
     networks;
       ``(ii) uses of alternative connectivity modes, such as 
     fiber optics, satellites, and land-based broadcasting;
       ``(iii) integrated uses of two-way interactive voice, 
     video, and data communications;
       ``(iv) uses of interactive multimedia;
       ``(v) system capacity, such as maximum telecommunications 
     traffic in a variety of use modes;
       ``(vi) availability of needed technologies;
       ``(vii) availability of support services; and
       ``(viii) assessment of the impact of proposed educational 
     access specifications on existing or planned 
     telecommunications networks; and
       ``(C) provide comprehensive specifications which will 
     ensure educational access to any national educational high 
     performance computing and telecommunications network as the 
     primary deliverable product of the specifications grants 
     described in this paragraph.
       ``(3) Prototype development grants.--The Secretary shall 
     solicit proposals for and award grants to 1 or more entities 
     for prototype operations on existing networks in order to 
     validate and further develop the educational specifications 
     which will facilitate use of existing or planned educational 
     high performance computing and telecommunications networks by 
     kindergarten through 12th grade students, teachers, 
     librarians, administrators, and parents. The solicitation 
     shall request proposals to--
       ``(A) incorporate the design limits of the comprehensive 
     educational high performance computing and telecommunications 
     network specifications developed by grant recipients under 
     paragraph (2);
       ``(B) support prototype operations for at least 1 year in a 
     minimum of 5 test sites which are selected to represent a 
     variety of economic, social, urban and rural settings;
       ``(C) provide for inservice training and technical 
     assistance during the period of prototype operations;
       ``(D) provide provisions for the identification and 
     correction of operational problems during the period of 
     prototype operations (including design flaws);
       ``(E) include a comprehensive evaluation of all aspects of 
     the prototype, including--
       ``(i) design flaws;
       ``(ii) training requirements, including resources and 
     strategies for initial and on-going training;
       ``(iii) technical support requirements;
       ``(iv) financing constraints;
       ``(v) availability and utility of information resources and 
     services accessed during the prototype operations period;
       ``(vi) factors which enhanced or impeded prototype 
     operations; and
       ``(vii) an overall assessment of the impact of such 
     technology on the educational process; and
       ``(F) provide recommended revisions of the Secretary's 
     educational high performance computing and telecommunications 
     network specifications based on findings of the comprehensive 
     evaluation of prototype operations.
       ``(d) Timeline.--The Secretary, through the Office of 
     Educational Technology, shall award grants under this section 
     as follows:
       ``(1) Requirement grants.--The Secretary shall award 
     requirement grants under subsection (c)(1) within 6 months of 
     the date of enactment of the Improving America's Schools Act 
     of 1994.
       ``(2) Development of design specifications.--The Secretary 
     shall award grants under subsection (c)(2) within 18 months 
     of the date of enactment of the Improving America's Schools 
     Act of 1994.
       ``(3) Prototype operations.--The Secretary shall award 
     grants under subsection (c)(3) within 30 months of the date 
     of enactment of the Improving America's Schools Act of 1994.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated $7,500,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this section.

     ``SEC. 3127. STUDY, EVALUATION AND REPORT OF FUNDING 
                   ALTERNATIVES.

       ``The Secretary, through the Office of Educational 
     Technology, shall conduct a study to evaluate, and report to 
     the Congress on, the feasibility of several alternative 
     models for providing sustained and adequate funding for 
     schools throughout the United States so that such schools are 
     able to acquire and maintain technology-enhanced curriculum, 
     instruction, and administrative support resources and 
     services. Such report shall be submitted to the Congress not 
     later than 1 year after the date of enactment of the 
     Improving America's Schools Act of 1994.

``Subpart 2--State and Local Programs for School Technology Resources, 
            Technical Support, and Professional Development

     ``SEC. 3131. STATEMENT OF PURPOSE.

       ``It is the purpose of this subpart to provide Federal 
     assistance in the form of grants to support--
       ``(1) the acquisition of equipment and supporting 
     resources, training, and maintenance of technology; and
       ``(2) regional consortia to enable such consortia to 
     provide professional development and technical assistance 
     that fosters integration of technology into the kindergarten 
     through 12th grade classrooms, libraries, and school library 
     media centers.

     ``SEC. 3132. SCHOOL TECHNOLOGY RESOURCE GRANTS.

       ``(a) Grants Authorized.--
       ``(1) Authority.--The Secretary, through the Office of 
     Educational Technology, shall award grants to State 
     educational agencies having a systemic statewide plan that 
     meets such criteria as the Secretary may establish in order 
     to enable such agencies to provide assistance to local 
     educational agencies that have the highest numbers or 
     percentages of children in poverty and demonstrate the 
     greatest need for technology, in order to enable such local 
     educational agencies, for the benefit of school sites served 
     by such local educational agencies, to--
       ``(A) purchase quality technology resources;
       ``(B) install various linkages necessary to acquire 
     connectivity;
       ``(C) integrate technology into the curriculum in order to 
     improve student learning and achievement;
       ``(D) provide teachers and library media personnel with 
     training or access to training;
       ``(E) provide administrative and technical support and 
     services that improve student learning through enriched 
     technology-enhanced resources, including library media 
     resources;
       ``(F) promote the sharing, distribution, and application of 
     educational technologies that are determined to be effective 
     in individual schools;
       ``(G) assist schools in promoting parent involvement; and
       ``(H) assist the community in providing literacy-related 
     services.
       ``(2) Amount.--(A) Except as provided in subparagraphs (B) 
     and (C), the Secretary shall award grants under this section 
     to each State educational agency for a fiscal year in an 
     amount which bears the same relationship to the amount 
     appropriated pursuant to the authority of subsection (b) for 
     such year as the amount such State received under part A of 
     title I for such year bears to the amount received for such 
     year under such part by all States.
       ``(B) No State educational agency shall receive a grant 
     pursuant to subparagraph (A) in any fiscal year in an amount 
     which is less than one-half of 1 percent of the amount 
     appropriated pursuant to the authority of subsection (b) for 
     such year.
       ``(C) If the sum of the amounts appropriated pursuant to 
     the authority of section 3132(c) is equal to or less than 
     $50,000,000 for any fiscal year, then the Secretary shall 
     award grants under this section for such year on a 
     competitive basis to local educational agencies, either 
     separately or in cooperation with a local educational agency 
     or a State educational agency, which submit to the Secretary 
     an application, containing the information described in 
     paragraphs (1) through (3) of subsection (e), that the 
     Secretary approves. In awarding such grants, the Secretary 
     shall give priority to applications from local educational 
     agencies with the highest number or percentage of 
     disadvantaged students or the greatest need for educational 
     technology.
       ``(3) Identification of local educational agencies; 
     technical assistance.--Each State educational agency 
     receiving a grant under this section shall--
       ``(A) identify the local educational agencies served by the 
     State educational agency that--
       ``(i) have the highest number or percentage of children in 
     poverty; and
       ``(ii) demonstrate to such State educational agency the 
     greatest need for technical assistance in developing the 
     application described in subsection (d); and
       ``(B) offer such technical assistance to such local 
     educational agencies.
       ``(4) Limitation on state costs.--Not more than 5 percent 
     of grant funds awarded to a State educational agency under 
     this section for any fiscal year may be used by the State or 
     State educational agency for administrative costs or 
     technical assistance.
       ``(b) Selection of Grants.--Each State educational agency, 
     in awarding grants under this section, shall--
       ``(1) ensure that each grant such agency awards to a local 
     educational agency shall be of sufficient duration, and of 
     sufficient size, scope, and quality, to carry out the 
     purposes of this title effectively; and
       ``(2) award grants to local educational agencies on a 
     competitive basis.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated $200,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this section.
       ``(d) Local Uses of Grant Funds.--Each local educational 
     agency receiving assistance under this section may use such 
     assistance--
       ``(1) to acquire connectivity linkages, resources, and 
     services, including the acquisition of hardware and software, 
     for use by teachers, students and library media personnel in 
     the classroom or in school library media centers, in order to 
     improve student learning by supporting the instructional 
     program offered by such agency to ensure that students in 
     schools will have meaningful access on a regular basis to 
     such linkages, resources and services;
       ``(2) for ongoing professional development in the 
     integration of quality educational technologies into school 
     curriculum and long-term planning for implementing 
     educational technologies; and
       ``(3) to acquire connectivity with wide area networks for 
     purposes of accessing information and educational programming 
     sources.
       ``(e) Local Applications.--Each local educational agency 
     desiring assistance from a State educational agency under 
     this section shall submit an application consistent with the 
     objectives of the systemic statewide plan to such agency at 
     such time and in such manner as such agency may prescribe. 
     Such application, at a minimum, shall--
       ``(1) include a strategic, long-range (3- to 5-year), plan 
     that includes--
       ``(A) a description of the type of technologies to be 
     acquired, including specific provisions for interoperability 
     among components of such technologies and, to the extent 
     practicable, with existing technologies;
       ``(B) an explanation of how the acquired technologies will 
     be integrated into the curriculum to help the local 
     educational agency enhance teaching, training, and student 
     achievement;
       ``(C) an explanation of how programs will be developed in 
     collaboration with existing adult literacy services providers 
     to maximize the use of such technologies at times other than 
     the regular school day;
       ``(D)(i) a description of how the local educational agency 
     will ensure ongoing, sustained professional development for 
     teachers, administrators, and school library media personnel 
     served by the local educational agency to further the use of 
     technology in the classroom or library media center; and
       ``(ii) a list of the source or sources of ongoing training 
     and technical assistance available to schools, teachers and 
     administrators served by the local educational agency, such 
     as State technology offices, intermediate educational support 
     units, regional educational laboratories or institutions of 
     higher education;
       ``(E) a description of the supporting resources, such as 
     services, software and print resources, which will be 
     acquired to ensure successful and effective use of 
     technologies acquired under this section;
       ``(F) the projected timetable for implementing such plan in 
     schools;
       ``(G) the projected cost of technologies to be acquired and 
     related expenses needed to implement such plan; and
       ``(H) a description of how the local educational agency 
     will coordinate the technology provided pursuant to this 
     subpart with other grant funds available for technology from 
     State and local sources;
       ``(2) describe how the local educational agency will 
     involve parents, public libraries, business leaders and 
     community leaders in the development of such plan;
       ``(3) describe how the acquired instructionally based 
     technologies will help the local educational agency--
       ``(A) promote equity in education in order to support State 
     content standards and State student performance standards 
     that may be developed; and
       ``(B) provide access for teachers, parents and students to 
     the best teaching practices and curriculum resources through 
     technology; and
       ``(4) describe a process for the ongoing evaluation of how 
     technologies acquired under this section--
       ``(A) will be integrated into the school curriculum; and
       ``(B) will affect student achievement and progress toward 
     meeting the National Education Goals and any State content 
     standards and State student performance standards that may be 
     developed.
       ``(f) Coordination of Application Requirements.--If a local 
     educational agency submitting an application for assistance 
     under this section has developed a comprehensive education 
     improvement plan, in conjunction with requirements under this 
     Act or the Goals 2000: Educate America Act, the State 
     educational agency may approve such plan, or a component of 
     such plan, notwithstanding the requirements of subsection (e) 
     if the State educational agency determines that such approval 
     would further the purposes of this section.

         ``Subpart 3--Special Rule Applicable to Appropriations

     ``SEC. 3141. SPECIAL RULE.

       ``(a) Appropriation of Less Than $50,000,000.--
     Notwithstanding any other provision of law, for any fiscal 
     year for which the sum of the amounts appropriated pursuant 
     to the authority of sections 3122(f), 3123(b)(5), 3124(e), 
     3125(e), 3126(e), and 3132(c) is less than $50,000,000, the 
     Secretary shall aggregate such amounts and make available--
       ``(1) 50 percent of such aggregate amount to carry out 
     subpart 1 for such year; and
       ``(2) 50 percent of such aggregate amount to carry out 
     subpart 2 for such year.
       ``(b) Appropriation Equal To or Greater Than $50,000,000.--
     Notwithstanding any other provision of law, for any fiscal 
     year for which the sum of the amounts appropriated pursuant 
     to the authority of sections 3122(f), 3123(b)(5), 3124(e), 
     3125(e), 3126(e), and 3132(c) is equal to or greater than 
     $50,000,000, the Secretary shall aggregate such amounts and 
     make available--
       ``(1) the sum of $25,000,000 plus 35 percent of such 
     aggregate amount in excess of $50,000,000 to carry out 
     subpart 1 for such year; and
       ``(2) the sum of $25,000,000 plus 65 percent of such 
     aggregate amount in excess of $50,000,000 to carry out 
     subpart 2 for such year.

                     ``PART B--STAR SCHOOLS PROGRAM

     ``SEC. 3201. SHORT TITLE.

       ``This part may be cited as the `Star Schools Act'.

     ``SEC. 3202. PURPOSE.

       ``It is the purpose of this part to encourage improved 
     instruction in mathematics, science, and foreign languages as 
     well as other subjects, such as literacy skills and 
     vocational education, and to serve underserved populations, 
     including the disadvantaged, illiterate, limited-English 
     proficient, and disabled, through a star schools program 
     under which grants are made to eligible telecommunication 
     partnerships to enable such partnerships to--
       ``(1) develop, construct, acquire, maintain and operate 
     telecommunications audio and visual facilities and equipment;
       ``(2) develop and acquire educational and instructional 
     programming; and
       ``(3) obtain technical assistance for the use of such 
     facilities and instructional programming.

     ``SEC. 3203. GRANTS AUTHORIZED.

       ``(a) Authority.--The Secretary, through the Office of 
     Educational Technology, is authorized to make grants, in 
     accordance with the provisions of this part, to eligible 
     telecommunications partnerships to pay the Federal share of 
     the cost of--
       ``(1) the development, construction, acquisition, 
     maintenance and operation of telecommunications facilities 
     and equipment;
       ``(2) the development and acquisition of live, interactive 
     instructional programming;
       ``(3) the development and acquisition of preservice and 
     inservice teacher training programs based on established 
     research regarding teacher-to-teacher mentoring, effective 
     skill transfer, and ongoing, in-class instruction;
       ``(4) the establishment of teleconferencing facilities and 
     resources for broadcasting interactive training to teachers;
       ``(5) obtaining technical assistance; and
       ``(6) the coordination of the design and connectivity of 
     telecommunications networks to reach the greatest number of 
     schools.
       ``(b) Duration.--
       ``(1) In general.--The Secretary shall award grants 
     pursuant to subsection (a) for a period of 5 years.
       ``(2) Renewal.--Grants awarded pursuant to subsection (a) 
     may be renewed for 1 additional 5-year period.
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     $35,000,000 for fiscal year 1995, and such sums as may be 
     necessary for each of the 4 succeeding fiscal years, to carry 
     out this part.
       ``(2) Availability.--Funds appropriated pursuant to the 
     authority of subsection (a) shall remain available until 
     expended.
       ``(d) Limitations.--
       ``(1) Amount.--A grant made to an eligible 
     telecommunications partnership under this part shall not 
     exceed $5,000,000 in any 1 fiscal year.
       ``(2) Reservations.--
       ``(A) Instructional programming.--Not less than 25 percent 
     of the funds available to the Secretary in any fiscal year 
     under this part shall be used for the cost of instructional 
     programming.
       ``(B) Facilities and equipment.--Not less than 25 percent 
     of the funds available to the Secretary in any fiscal year 
     under this part shall be used for telecommunications 
     facilities and equipment.
       ``(3) Special rule.--Not less than 50 percent of the funds 
     available in any fiscal year under this part shall be used 
     for the cost of facilities, equipment, teacher training or 
     retraining, technical assistance, or programming, for local 
     educational agencies which are eligible to receive assistance 
     under part A of title I of the Elementary and Secondary 
     Education Act of 1965.
       ``(e) Federal Share.--
       ``(1) In general.--The Federal share for any fiscal year 
     shall be not more than 75 percent.
       ``(2) Waiver.--The Secretary may reduce or waive the 
     requirements of the non-Federal share required under 
     paragraph (1) for good cause, as determined by the Secretary.
       ``(f) Coordination.--The Department, the National Science 
     Foundation, the Department of Agriculture, and any other 
     Federal department or agency operating a telecommunications 
     network for educational purposes, shall coordinate the 
     activities assisted under this part with the activities of 
     such department or agency relating to a telecommunications 
     network for educational purposes.
       ``(g) Closed Captioning and Descriptive Video.--Each entity 
     receiving funds under this part is encouraged to provide--
       ``(1) closed captioning of the verbal content of such 
     program, where appropriate, to be broadcast by way of line 21 
     of the vertical blanking interval, or by way of comparable 
     successor technologies; and
       ``(2) descriptive video of the visual content of such 
     program, as appropriate.

     ``SEC. 3204. ELIGIBLE TELECOMMUNICATIONS PARTNERSHIPS.

       ``(a) In General.--In order to be eligible for a grant 
     under this part, an eligible telecommunications partnership 
     shall consist of--
       ``(1) a public agency or corporation established for the 
     purposes of developing and operating telecommunications 
     services to enhance educational opportunities provided by 
     educational institutions, teacher training centers, and other 
     entities, except that any such agency or corporation shall 
     represent the interest of elementary and secondary schools 
     which are eligible for assistance under part A of title I; or
       ``(2) a partnership that will provide telecommunications 
     services and which includes 3 or more of the following 
     entities, at least 1 of which shall be an agency described in 
     subparagraph (A) or (B):
       ``(A) a local educational agency serving a significant 
     number of elementary and secondary schools that are eligible 
     for assistance under part A of title I or elementary and 
     secondary schools operated for Indian children by the 
     Department of the Interior under section 1121(c);
       ``(B) a State educational agency;
       ``(C) an institution of higher education or a State higher 
     education agency;
       ``(D) a teacher training center or academy which--
       ``(i) provides teacher preservice and inservice training; 
     and
       ``(ii) receives Federal financial assistance or has been 
     approved by a State agency;
       ``(E)(i) a public or private entity with experience and 
     expertise in the planning and operation of a 
     telecommunications service, including entities involved in 
     telecommunications through satellite, cable, telephone or 
     computers; or
       ``(ii) a public broadcasting entity with such experience; 
     or
       ``(F) a public or private elementary or secondary school.
       ``(b) Special Rule.--An eligible telecommunications 
     partnership shall be organized on a statewide or multistate 
     basis.

     ``SEC. 3205. APPLICATIONS.

       ``(a) Applications Required.--Each eligible 
     telecommunications partnership which desires to receive a 
     grant under section 3203 shall submit an application to the 
     Secretary, at such time, in such manner, and containing or 
     accompanied by such information as the Secretary may 
     reasonably require.
       ``(b) Contents of the Application.--Each application 
     submitted pursuant to subsection (a) shall--
       ``(1) describe the telecommunications facilities and 
     equipment and technical assistance for which assistance is 
     sought, which may include--
       ``(A) the design, development, construction, acquisition, 
     maintenance and operation of State or multistate educational 
     telecommunications networks and technology resource centers;
       ``(B) microwave, fiber optics, cable, and satellite 
     transmission equipment or any combination thereof;
       ``(C) reception facilities;
       ``(D) satellite time;
       ``(E) production facilities;
       ``(F) other telecommunications equipment capable of serving 
     a wide geographic area;
       ``(G) the provision of training services to instructors who 
     will be using the facilities and equipment for which 
     assistance is sought, including training in using such 
     facilities and equipment and training in integrating programs 
     into the classroom curriculum; and
       ``(H) the development of educational programming for use on 
     a telecommunications network;
       ``(2) in the case of an application for assistance for 
     instructional programming, describe the types of programming 
     which will be developed to enhance instruction and training 
     and provide assurances that such programming will be designed 
     in consultation with professionals (including classroom 
     teachers) who are experts in the applicable subject matter 
     and grade level;
       ``(3) demonstrate that the eligible telecommunications 
     partnership has engaged in sufficient survey and analysis of 
     the area to be served to ensure that the services offered by 
     the eligible telecommunications partnership will increase the 
     availability of courses of instruction in mathematics, 
     science, and foreign languages, as well as other subjects to 
     be offered;
       ``(4) describe the training policies for teachers and other 
     school personnel to be implemented to ensure the effective 
     use of telecommunications facilities and equipment for which 
     assistance is sought;
       ``(5) provide assurances that the financial interest of the 
     United States in the telecommunications facilities and 
     equipment will be protected for the useful life of such 
     facilities and equipment;
       ``(6) provide assurances that a significant portion of any 
     facilities and equipment, technical assistance, and 
     programming for which assistance is sought for elementary and 
     secondary schools will be made available to schools or local 
     educational agencies that have a high number or percentage of 
     children eligible to be counted under part A of title I;
       ``(7) describe the manner in which traditionally 
     underserved students, such as students who are disadvantaged, 
     limited-English proficient, disabled, or illiterate, will 
     participate in the benefits of the telecommunications 
     facilities, equipment, technical assistance, and programming 
     assisted under this part;
       ``(8) provide assurances that the applicant will use the 
     funds provided under this part to supplement and not supplant 
     funds otherwise available for the purposes of this part;
       ``(9) if any member of the consortia is receiving 
     assistance under section 3122, describe how funds received 
     under this part will be coordinated with funds received for 
     educational technology in the classroom under such section;
       ``(10) describe the activities or services for which 
     assistance is sought, including activities and services such 
     as--
       ``(A) providing facilities, equipment, training, services, 
     and technical assistance described in paragraphs (1), (2), 
     (4) and (7);
       ``(B) making programs accessible to individuals with 
     disabilities through mechanisms such as closed captioning and 
     descriptive video services;
       ``(C) linking networks together, for example, around an 
     issue of national importance, such as national elections;
       ``(D) sharing curriculum resources between networks and 
     development of program guides which demonstrate cooperative, 
     cross-network listing of programs for specific curriculum 
     areas;
       ``(E) providing teacher and student support services 
     including classroom and training support materials which 
     permit student and teacher involvement in the live 
     interactive distance learning telecasts;
       ``(F) incorporating community resources, such as libraries 
     and museums, into instructional programs;
       ``(G) providing teacher training to early childhood 
     development and Head Start teachers and staff;
       ``(H) providing teacher training to vocational education 
     teachers and staff;
       ``(I) providing teacher training on proposed or established 
     voluntary national content standards in mathematics and 
     science and other disciplines as such standards are 
     developed;
       ``(J) providing programs for adults at times other than the 
     regular school day in order to maximize the use of 
     telecommunications facilities and equipment; and
       ``(K) providing parent education programs during and after 
     the regular school day which reinforce the student's course 
     of study and actively involve parents in the learning 
     process; and
       ``(11) include such additional assurances as the Secretary 
     may reasonably require.
       ``(c) Approval of Application; Priority.--The Secretary, in 
     approving applications under this part, shall give priority 
     to applications which demonstrate that--
       ``(1) a concentration and quality of mathematics, science, 
     and foreign languages resources which, by their distribution 
     through the eligible telecommunications partnership, will 
     offer significant new educational opportunities to network 
     participants, particularly to traditionally underserved 
     populations and areas with scarce resources and limited 
     access to courses in mathematics, science, and foreign 
     languages;
       ``(2) the eligible telecommunications partnership has 
     secured the direct cooperation and involvement of public and 
     private educational institutions, State and local government, 
     and industry in planning the network;
       ``(3) the eligible telecommunications partnership will 
     serve the broadest range of institutions, including in the 
     case of elementary and secondary schools, those elementary 
     and secondary schools having a significant number of students 
     eligible to be counted under part A of title I, programs 
     providing instruction outside of the school setting, 
     institutions of higher education, teacher training centers, 
     research institutes, and private industry;
       ``(4) a significant number of educational institutions have 
     agreed to participate or will participate in the use of the 
     telecommunications system for which assistance is sought;
       ``(5) the eligible telecommunications partnership will have 
     substantial academic and teaching capabilities, including the 
     capability of training, retraining, and inservice upgrading 
     of teaching skills and the capability to provide professional 
     development leading to comprehensive effective instructional 
     strategies, outcomes-based curriculum and parenting 
     practices;
       ``(6) the eligible telecommunications partnership will--
       ``(A) provide a comprehensive range of courses for 
     educators to teach instructional strategies for students with 
     different skill levels;
       ``(B) provide training to participating educators in ways 
     to integrate telecommunications courses into existing school 
     curriculum; and
       ``(C) provide instruction for students, teachers, and 
     parents;
       ``(7) the eligible telecommunications partnership will 
     serve a multistate area;
       ``(8) the eligible telecommunications partnership will give 
     priority to the provision of equipment and linkages to 
     isolated areas;
       ``(9) a telecommunications entity (such as a satellite, 
     cable, telephone, computer, or public or private television 
     stations) will participate in the partnership and will donate 
     equipment or in kind services for telecommunications 
     linkages; and
       ``(10) the eligible telecommunications partnership will, in 
     providing services with assistance under this part, meet the 
     needs of groups of individuals traditionally excluded from 
     careers in mathematics and science because of discrimination, 
     inaccessibility, or economically disadvantaged backgrounds.
       ``(d) Geographic Distribution.--In approving applications 
     under this part, the Secretary shall assure an equitable 
     geographic distribution of grants under this part.

     ``SEC. 3206. LEADERSHIP AND EVALUATION ACTIVITIES.

       ``(a) Reservation.--From the amount appropriated pursuant 
     to the authority of section 3203(c)(1) in each fiscal year, 
     the Secretary may reserve not more than 5 percent of such 
     amount for national leadership, evaluation, and peer review 
     activities.
       ``(b) Method of Funding.--The Secretary may fund the 
     activities described in subsection (a) directly or through 
     grants, contracts, and cooperative agreements.
       ``(c) Uses of Funds.--
       ``(1) Leadership.--Funds reserved for leadership activities 
     under subsection (a) may be used for--
       ``(A) disseminating information, including lists and 
     descriptions of services available from recipients; and
       ``(B) other activities designed to enhance the quality of 
     distance learning activities nationwide.
       ``(2) Evaluation.--Funds reserved for evaluation activities 
     under subsection (a) may be used to conduct independent 
     evaluations of the activities assisted under this part and of 
     distance learning in general, including--
       ``(A) analyses of distance learning efforts, including such 
     efforts that are assisted under this part and such efforts 
     that are not assisted under this part; and
       ``(B) comparisons of the effects, including student 
     outcomes, of different technologies in distance learning 
     efforts.
       ``(3) Peer review.--Funds reserved for peer review 
     activities under subsection (a) may be used for peer review 
     of--
       ``(A) applications for grants under this part; and
       ``(B) activities assisted under this part.

     ``SEC. 3207. ADMINISTRATIVE PROVISIONS.

       ``(a) Continuing Eligibility.--
       ``(1) In general.--In order to be eligible to receive a 
     grant under this part for a second 5-year grant period an 
     eligible telecommunications partnership shall demonstrate in 
     the application submitted pursuant to section 3205 that such 
     partnership will--
       ``(A) continue to provide services in the subject areas and 
     geographic areas assisted with funds received under this part 
     for the previous 5-year grant period; and
       ``(B) use all grant funds received under this part for the 
     second 5-year grant period to provide expanded services by--
       ``(i) increasing the number of students, schools or school 
     districts served by the courses of instruction assisted under 
     this part in the previous fiscal year;
       ``(ii) providing new courses of instruction; and
       ``(iii) serving new populations of underserved individuals, 
     such as children or adults who are disadvantaged, have 
     limited-English proficiency, are disabled, are illiterate, or 
     lack secondary school diplomas or their recognized 
     equivalent.
       ``(2) Special rules.--Grant funds received pursuant to the 
     application of paragraph (1) shall be used to supplement and 
     not supplant services provided by the recipient under this 
     part in the previous fiscal year.
       ``(b) Federal Activities.--The Secretary may assist grant 
     recipients under this part in acquiring satellite time, where 
     appropriate, as economically as possible.

     ``SEC. 3208. OTHER ASSISTANCE.

       ``(a) Special Statewide Network.--
       ``(1) In general.--The Secretary, through the Office of 
     Educational Technology, may provide assistance to a statewide 
     telecommunications network under this subsection if such 
     network--
       ``(A) provides 2-way full motion interactive video and 
     audio communications;
       ``(B) links together public colleges and universities and 
     secondary schools throughout the State; and
       ``(C) meets any other requirements determined appropriate 
     by the Secretary.
       ``(2) State contribution.--A statewide telecommunications 
     network assisted under paragraph (1) shall contribute, either 
     directly or through private contributions, non-Federal funds 
     equal to not less than 50 percent of the cost of such 
     network.
       ``(b) Special Local Network.--
       ``(1) In general.--The Secretary may provide assistance, on 
     a competitive basis, to a local educational agency or 
     consortium thereof to enable such agency or consortium to 
     establish a high technology demonstration program.
       ``(2) Program requirements.--A high technology 
     demonstration program assisted under paragraph (1) shall--
       ``(A) include 2-way full motion interactive video, audio 
     and text communications;
       ``(B) link together elementary and secondary schools, 
     colleges, and universities;
       ``(C) provide parent participation and family programs;
       ``(D) include a staff development program; and
       ``(E) have a significant contribution and participation 
     from business and industry.
       ``(3) Special rule.--Each high technology demonstration 
     program assisted under paragraph (1) shall be of sufficient 
     size and scope to have an effect on meeting the National 
     Education Goals.
       ``(4) Matching requirement.--A local educational agency or 
     consortium receiving a grant under paragraph (1) shall 
     provide, either directly or through private contributions, 
     non-Federal matching funds equal to not less than 50 percent 
     of the amount of the grant.

     ``SEC. 3209. DEFINITIONS.

       ``As used in this part--
       ``(1) the term `educational institution' means an 
     institution of higher education, a local educational agency, 
     or a State educational agency;
       ``(2) the term `instructional programming' means courses of 
     instruction, training courses, and resources used in such 
     instruction and training, which have been prepared in audio 
     and visual form on tape, disc, film, live, and presented by 
     means of telecommunications devices;
       ``(3) the term `public broadcasting entity' has the same 
     meaning given that term by section 397 of the Communications 
     Act of 1934; and
       ``(4) the term `State' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, American Samoa, the Virgin Islands, the Republic of the 
     Marshall Islands, the Federated States of Micronesia, the 
     Republic of Palau, and the Commonwealth of the Northern 
     Mariana Islands.

                  ``PART C--READY-TO-LEARN TELEVISION

     ``SEC. 3301. READY-TO-LEARN.

       ``(a) In General.--The Secretary is authorized to enter 
     into contracts, cooperative agreements, or grants with 
     entities described in section 3302(b) to develop, produce, 
     and distribute educational and instructional video 
     programming for preschool and elementary school children and 
     their parents in order to facilitate the achievement of the 
     National Education Goals.
       ``(b) Availability.--In making such contracts, cooperative 
     agreements, or grants, the Secretary shall ensure that 
     recipients make programming widely available with support 
     materials as appropriate to young children, their parents, 
     child care workers, and Head Start providers to increase the 
     effective use of such programming.

     ``SEC. 3302. EDUCATIONAL PROGRAMMING.

       ``(a) Awards.--The Secretary shall award contracts, 
     cooperative agreements, or grants to eligible entities to--
       ``(1) facilitate the development directly or through 
     contracts with producers of children and family educational 
     television programming, educational programming for preschool 
     and elementary school children, and accompanying support 
     materials and services that promote the effective use of such 
     programming; and
       ``(2) contract with entities (such as public broadcasting 
     entities and those funded under the Star Schools Act) in 
     order that programs developed under this section are 
     disseminated and distributed to the widest possible audience 
     appropriate to be served by the programming by the most 
     appropriate distribution technologies.
       ``(b) Eligible Entities.--To be eligible to receive a 
     contract, cooperative agreement, or grant under subsection 
     (a), an entity shall be--
       ``(1) a nonprofit entity (including a public 
     telecommunications entity) able to demonstrate a capacity for 
     the development and distribution of educational and 
     instructional television programming of high quality for 
     preschool and elementary school children; and
       ``(2) able to demonstrate a capacity to contract with the 
     producers of children's television programming for the 
     purpose of developing educational television programming of 
     high quality for preschool and elementary school children.
       ``(c) Cultural Experiences.--Programming developed under 
     this section shall reflect the recognition of diverse 
     cultural experiences and the needs and experiences of both 
     boys and girls in engaging and preparing young children for 
     schooling.

     ``SEC. 3303. DUTIES OF SECRETARY.

       ``The Secretary is authorized--
       ``(1) to establish and administer a Special Projects of 
     National Significance program to award contracts, cooperative 
     agreements, or grants to public and nonprofit private 
     entities, or local public television stations or such public 
     television stations that are part of a consortium with one or 
     more State educational agencies, local educational agencies, 
     local schools, institutions of higher education, or 
     community-based organizations of demonstrated effectiveness, 
     for the purpose of--
       ``(A) addressing the learning needs of young children in 
     limited-English proficient households, and developing 
     appropriate educational and instructional television 
     programming to foster the school readiness of such children;
       ``(B) developing programming and support materials to 
     increase family literacy skills among parents to assist 
     parents in teaching their children and utilizing educational 
     television programming to promote school readiness; and
       ``(C) identifying, supporting, and enhancing the effective 
     use and outreach of innovative programs that promote school 
     readiness;
       ``(2) to establish within the Department a clearinghouse to 
     compile and provide information, referrals and model program 
     materials and programming obtained or developed under this 
     part to parents, child care providers, and other appropriate 
     individuals or entities to assist such individuals and 
     entities in accessing programs and projects under this part; 
     and
       ``(3) to develop and disseminate training materials, 
     including--
       ``(A) interactive programs and programs adaptable to 
     distance learning technologies that are designed to enhance 
     knowledge of children's social and cognitive skill 
     development and positive adult-child interactions; and
       ``(B) support materials to promote the effective use of 
     materials developed under paragraph (2);

     among parents, Head Start providers, in-home and center based 
     day care providers, early childhood development personnel, 
     and elementary school teachers, public libraries, and after 
     school program personnel caring for preschool and elementary 
     school children;
       ``(4) coordinate activities with the Secretary of Health 
     and Human Services in order to--
       ``(A) maximize the utilization of quality educational 
     programming by preschool and elementary school children, and 
     make such programming widely available to federally funded 
     programs serving such populations; and
       ``(B) provide information to recipients of funds under 
     Federal programs that have major training components for 
     early childhood development, including Head Start, Even 
     Start, and State training activities funded under the Child 
     Care Development Block Grant Act of 1990 regarding the 
     availability and utilization of materials developed under 
     paragraph (3) to enhance parent and child care provider 
     skills in early childhood development and education.

     ``SEC. 3304. APPLICATIONS.

       ``Each eligible entity desiring a contract, cooperative 
     agreement, or grant under section 3301 or 3303 shall submit 
     an application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.

     ``SEC. 3305. REPORTS AND EVALUATION.

       ``(a) Annual Report to Secretary.--An entity receiving 
     funds under section 3301 shall prepare and submit to the 
     Secretary an annual report which contains such information as 
     the Secretary may require. At a minimum, the report shall 
     describe the program activities undertaken with funds 
     received under this section, including--
       ``(1) the programming that has been developed directly or 
     indirectly by the entity, and the target population of the 
     programs developed;
       ``(2) the support materials that have been developed to 
     accompany the programming, and the method by which such 
     materials are distributed to consumers and users of the 
     programming;
       ``(3) the means by which programming developed under this 
     section has been distributed, including the distance learning 
     technologies that have been utilized to make programming 
     available and the geographic distribution achieved through 
     such technologies; and
       ``(4) the initiatives undertaken by the entity to develop 
     public-private partnerships to secure non-Federal support for 
     the development and distribution and broadcast of educational 
     and instructional programming.
       ``(b) Report to Congress.--The Secretary shall prepare and 
     submit to the relevant committees of Congress a biannual 
     report which includes--
       ``(1) a summary of the information made available under 
     section 3302(a); and
       ``(2) a description of the training materials made 
     available under section 3303(3), the manner in which outreach 
     has been conducted to inform parents and child care providers 
     of the availability of such materials, and the manner in 
     which such materials have been distributed in accordance with 
     such section.

     ``SEC. 3306. ADMINISTRATIVE COSTS.

       ``With respect to the implementation of section 3302, 
     entities receiving a contract, cooperative agreement, or 
     grant from the Secretary may use not more than 5 percent of 
     the amounts received under such section for the normal and 
     customary expenses of administering the contract, cooperative 
     agreement, or grant.

     ``SEC. 3307. DEFINITION.

       ``For the purposes of this part, the term `distance 
     learning' means the transmission of educational or 
     instructional programming to geographically dispersed 
     individuals and groups via telecommunications.

     ``SEC. 3308. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out this part, $30,000,000 for fiscal year 1995, and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years. Not less than 60 percent of the amounts 
     appropriated under this subsection for each fiscal year shall 
     be used to carry out section 3302.
       ``(b) Special Projects.--Of the amount appropriated under 
     subsection (1) for each fiscal year, at least 10 percent of 
     such amount shall be utilized in each such fiscal year for 
     activities under section 3303(1)(C).

     ``PART D--ELEMENTARY MATHEMATICS AND SCIENCE EQUIPMENT PROGRAM

     ``SEC. 3401. SHORT TITLE.

       ``This part may be cited as the `Elementary Mathematics and 
     Science Equipment Act'.

     ``SEC. 3402. STATEMENT OF PURPOSE.

       ``It is the purpose of this part to raise the quality of 
     instruction in mathematics and science in the Nation's 
     elementary schools by providing equipment and materials 
     necessary for hands-on instruction through assistance to 
     State and local educational agencies.

     ``SEC. 3403. PROGRAM AUTHORIZED.

       ``The Secretary is authorized to make allotments to State 
     educational agencies under section 3404 to enable such 
     agencies to award grants to local educational agencies for 
     the purpose of providing equipment and materials to 
     elementary schools to improve mathematics and science 
     education in such schools.

     ``SEC. 3404. ALLOTMENTS OF FUNDS.

       ``(a) In General.--From the amount appropriated under 
     section 3410 for any fiscal year, the Secretary shall 
     reserve--
       ``(1) not more than one-half of 1 percent for allotment 
     among Guam, American Samoa, the Virgin Islands, the Northern 
     Mariana Islands, the Republic of the Marshall Islands, the 
     Federated States of Micronesia, and Palau according to their 
     respective needs for assistance under this part; and
       ``(2) one-half of 1 percent for programs for Indian 
     students served by schools funded by the Secretary of the 
     Interior which are consistent with the purposes of this part.
       ``(b) Allotment.--
       ``(1) In general.--The remainder of the amount so 
     appropriated (after meeting requirements in subsection (a)) 
     shall be allotted among State educational agencies so that--
       ``(A) one-half of such remainder shall be distributed by 
     allotting to each State educational agency an amount which 
     bears the same ratio to such one-half of such remainder as 
     the number of children aged 5 to 17, inclusive, in the State 
     bears to the number of such children in all States; and
       ``(B) one-half of such remainder shall be distributed 
     according to each State's share of allocations under part A 
     of title I.
       ``(2) Minimum.--Except as provided in paragraph (3), no 
     State educational agency shall receive an allotment under 
     this subsection for any fiscal year in an amount that is--
       ``(A) less than one-half of 1 percent of the amount made 
     available under this subsection for such fiscal year; or
       ``(B) less than the amount allotted to such State for 
     fiscal year 1988 under title II of the Education for Economic 
     Security Act.
       ``(3) Ratable reductions.--(A) If the sums made available 
     under this part for any fiscal year are insufficient to pay 
     the full amounts that all State educational agencies are 
     eligible to receive under paragraph (2)(B) for such year, the 
     Secretary shall ratably reduce the allotment to such agencies 
     for such year.
       ``(B) If additional funds become available for making 
     payments under paragraph (2)(B) for such fiscal year, 
     allotments that were reduced under subparagraph (A) shall be 
     increased on the same basis as such allotments were reduced.
       ``(c) Reallotment of Unused Funds.--The amount of any State 
     educational agency's allotment under subsection (b) for any 
     fiscal year to carry out this part which the Secretary 
     determines will not be required for that fiscal year to carry 
     out this part shall be available for reallotment from time to 
     time, on such dates during that year as the Secretary may 
     determine, to other State educational agencies in proportion 
     to the original allotments to those State educational 
     agencies under subsection (b) for that year but with such 
     proportionate amount for any of those other State educational 
     agencies being reduced to the extent it exceeds the sum the 
     Secretary estimates that the State educational agency needs 
     and will be able to use for that year, and the total of those 
     reductions shall be similarly reallotted among the State 
     educational agencies whose proportionate amounts were not so 
     reduced. Any amounts reallotted to a State educational agency 
     under this subsection during a year shall be deemed a part of 
     the State educational agency's allotment under subsection (b) 
     for that year.
       ``(d) Definition.--For the purposes of this part the term 
     `State' means each of the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico.
       ``(e) Data.--The number of children aged 5 to 17, 
     inclusive, in the State and in all States shall be determined 
     by the Secretary on the basis of the most recent satisfactory 
     data available to the Secretary.

     ``SEC. 3405. STATE APPLICATION.

       ``(a) Application.--Each State educational agency desiring 
     to receive an allotment under this part shall file an 
     application with the Secretary which covers a period of 5 
     fiscal years. Such application shall be filed at such time, 
     in such manner, and containing or accompanied by such 
     information as the Secretary may reasonably require.
       ``(b) Contents of Application.--Each application described 
     in subsection (a) shall--
       ``(1) provide assurances that--
       ``(A) the State educational agency shall use the allotment 
     provided under this part to award grants to local educational 
     agencies within the State to enable such local educational 
     agencies to provide assistance to schools served by such 
     agency to carry out the purpose of this part;
       ``(B) the State educational agency will provide such fiscal 
     control and funds accounting as the Secretary may require;
       ``(C) every public elementary school in the State is 
     eligible to receive assistance under this part once over the 
     5-year duration of the program assisted under this part;
       ``(D) funds provided under this part will supplement, not 
     supplant, State and local funds made available for activities 
     authorized under this part;
       ``(E) during the 5-year period described in the 
     application, the State educational agency will evaluate its 
     standards and programs for teacher preparation and inservice 
     professional development for elementary mathematics and 
     science;
       ``(F) the State educational agency will take into account 
     the needs for greater access to and participation in 
     mathematics and science by students and teachers from 
     historically underrepresented groups, including females, 
     minorities, individuals with limited-English proficiency, the 
     economically disadvantaged, and individuals with 
     disabilities; and
       ``(G) that the needs of teachers and students in areas with 
     high concentrations of low-income students and sparsely 
     populated areas will be given priority in awarding assistance 
     under this part;
       ``(2) provide, if appropriate, a description of how funds 
     paid under this part will be coordinated with State and local 
     funds and other Federal resources, particularly with respect 
     to programs for the professional development and inservice 
     training of elementary school teachers in science and 
     mathematics; and
       ``(3) describe procedures--
       ``(A) for submitting applications for programs described in 
     section 3406 for distribution of assistance under this part 
     within the State; and
       ``(B) for approval of applications by the State educational 
     agency, including appropriate procedures to assure that such 
     agency will not disapprove an application without notice and 
     opportunity for a hearing.
       ``(c) State Administration.--Not more than 5 percent of the 
     funds allotted to each State educational agency under this 
     part shall be used for the administrative costs of such 
     agency associated with carrying out the program assisted 
     under this part.

     ``SEC. 3406. LOCAL APPLICATION.

       ``(a) Application.--A local educational agency that desires 
     to receive a grant under this part shall submit an 
     application to the State educational agency. Each such 
     application shall contain assurances that each school served 
     by the local educational agency shall be eligible for 
     assistance under this part only once.
       ``(b) Contents of Application.--Each application described 
     in subsection (a) shall--
       ``(1) describe how the local educational agency plans to 
     set priorities on the use and distribution among schools of 
     grant funds received under this part to meet the purpose of 
     this part;
       ``(2) include assurances that the local educational agency 
     has made every effort to match on a dollar-for-dollar basis 
     from private or public sources the funds received under this 
     part, except that no such application shall be penalized or 
     denied assistance under this part based on failure to provide 
     such matching funds;
       ``(3) describe, if applicable, how funds under this part 
     will be coordinated with State, local, and other Federal 
     resources, especially with respect to programs for the 
     professional development and inservice training of elementary 
     school teachers in science and mathematics; and
       ``(4) describe the process which will be used to determine 
     different levels of assistance to be awarded to schools with 
     different needs.
       ``(c) Priority.--In awarding grants under this part, the 
     State educational agency shall give priority to applications 
     that--
       ``(1) assign highest priority to providing assistance to 
     schools which--
       ``(A) are most seriously underequipped; or
       ``(B) serve large numbers or percentages of economically 
     disadvantaged students;
       ``(2) are attentive to the needs of underrepresented groups 
     in science and mathematics;
       ``(3) demonstrate how science and mathematics equipment 
     will be part of a comprehensive plan of curriculum planning 
     or implementation and teacher training supporting hands-on 
     laboratory activities; and
       ``(4) assign priority to providing equipment and materials 
     for students in grades 1 through 6.

     ``SEC. 3407. PROGRAM REQUIREMENTS.

       ``(a) Coordination.--Each State educational agency 
     receiving an allotment under this part shall--
       ``(1) disseminate information to school districts and 
     schools, including private nonprofit elementary schools, 
     regarding the program assisted under this part;
       ``(2) evaluate applications of local educational agencies;
       ``(3) award grants to local educational agencies based on 
     the priorities described in section 3406(c); and
       ``(4) evaluate local educational agencies' end-of-year 
     summaries and submit such evaluation to the Secretary.
       ``(b) Limitations on Use of Funds.--
       ``(1) In general.--Except as provided in paragraph (2), 
     grant funds and matching funds under this part only shall be 
     used to purchase science equipment, science materials, or 
     mathematical manipulative materials and shall not be used for 
     computers, computer peripherals, software, textbooks, or 
     staff development costs.
       ``(2) Capital improvements.--Grant funds under this part 
     may not be used for capital improvements. Not more than 50 
     percent of any matching funds provided by the local 
     educational agency may be used for capital improvements of 
     classroom science facilities to support the hands-on 
     instruction that this part is intended to support, such as 
     the installation of electrical outlets, plumbing, lab tables 
     or counters, or ventilation mechanisms.

     ``SEC. 3408. FEDERAL ADMINISTRATION.

       ``(a) Technical Assistance and Evaluation Procedures.--The 
     Secretary shall provide technical assistance and, in 
     consultation with State and local representatives of the 
     program assisted under this part, shall develop procedures 
     for State and local evaluations of the programs assisted 
     under this part.
       ``(b) Report.--The Secretary shall report to the Congress 
     each year on the program assisted under this part in 
     accordance with section 10701.

     ``SEC. 3409. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $30,000,000 for 
     fiscal year 1995, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years, to carry out this part.

   ``PART E--ELEMENTARY AND SECONDARY SCHOOL LIBRARY MEDIA RESOURCES 
                                PROGRAM

     ``SEC. 3501. PROGRAM AUTHORIZED.

       ``The Secretary shall award grants or make allocations for 
     the acquisition of school library media resources for the use 
     of students, library media specialists, and teachers in 
     elementary and secondary schools in accordance with this 
     part.

     ``SEC. 3502. FUNDING REQUIREMENTS.

       ``(a) In General.--From the amount appropriated to carry 
     out part A in each fiscal year, the Secretary shall make 
     available at least 10 percent but not more than 20 percent of 
     such amount to make awards in accordance with subsection (b) 
     to States having a plan approved under section 3503.
       ``(b) Special Rule.--
       ``(1) Amounts below $50,000,000.--If the amount made 
     available under subsection (a) for a fiscal year is less than 
     $50,000,000, then the Secretary shall award grants to States, 
     on a competitive basis, taking into account such factors as 
     age and condition of existing school library media 
     collections and the relative economic need of the students to 
     be served.
       ``(2) Amounts equal to or exceeding $50,000,000.--If the 
     amount made available under subsection (a) for a fiscal year 
     equals or exceeds $50,000,000, then the Secretary shall 
     allocate to each State an amount which bears the same 
     relationship to such amount as the amount such State received 
     under title II for such year bears to the amount all States 
     received under such title for such year.

     ``SEC. 3503. STATE PLANS.

       ``In order for a State to receive a grant or an allocation 
     of funds under this part for any fiscal year, such State 
     shall have in effect for such fiscal year a State plan. Such 
     plan shall--
       ``(1) designate the State educational agency as the State 
     agency responsible for the administration of the program 
     assisted under this part;
       ``(2) set forth a program under which funds paid to the 
     State in accordance with section 3502 will be expended solely 
     for--
       ``(A) acquisition of school library media resources, 
     including books and foreign language resources, for the use 
     of students, school library media specialists, and teachers 
     in elementary and secondary schools in the United States; and
       ``(B) administration of the State plan, including 
     development and revision of standards, relating to school 
     library media resources, except that the amount used for 
     administration of the State plan in any fiscal year shall not 
     exceed 3 percent of the amount available to such State under 
     section 3502 for such fiscal year; and
       ``(3) set forth criteria to be used in allotting funds for 
     school library media resources among the local educational 
     agencies of the State, which allotment shall take into 
     consideration the relative need of the students, school media 
     specialists, and teachers to be served.

     ``SEC. 3504. DISTRIBUTION OF ALLOCATION TO LOCAL EDUCATIONAL 
                   AGENCIES.

       ``From the funds made available under section 3502 to a 
     State in each fiscal year, such State shall distribute not 
     less than 97 percent of such funds for such year to local 
     educational agencies within such State on the same basis as 
     allocations are made available to States under section 2122.

               ``PART F--BUDDY SYSTEM COMPUTER EDUCATION

     ``SEC. 3601. SHORT TITLE.

       ``This part may be cited as the `Buddy System Computer 
     Education Act'.

     ``SEC. 3602. PURPOSE.

       ``It is the purpose of this part to award demonstration 
     grants to develop and expand public-private partnership 
     programs which extend the learning experience, via computers, 
     beyond the classroom environment in order to--
       ``(1) enhance learning by providing students with the 
     technological tools and guidance necessary to develop skills 
     critical to educational growth and success in the workplace, 
     including--
       ``(A) mastery of fundamental computer technology and 
     applications;
       ``(B) improved written and visual communication skills;
       ``(C) improved critical thinking and problem solving 
     abilities; and
       ``(D) improved ability to work in a collaborative, 
     teamwork-driven environment;
       ``(2) encourage parental involvement in education and total 
     family use and understanding of computers and 
     telecommunications through at-home applications; and
       ``(3) establish foundations for lifelong learning through 
     improvement in education skills and student motivation and 
     attitudes.

     ``SEC. 3603. GRANT AUTHORIZATION.

       ``(a) Grant Program.--
       ``(1) In general.--The Secretary shall conduct a program of 
     awarding a grant to each of 3 States to enable such States to 
     create a computer-based education project for children in 
     grades 4 through 6 in accordance with the requirements of 
     section 3604.
       ``(2) Award basis.--The Secretary shall award grants under 
     this part on a competitive basis.
       ``(3) Preference.--In awarding grants under this part, the 
     Secretary shall give preference to applications--
       ``(A) from States that have a demonstrated ability or 
     commitment to computer-based technology education; and
       ``(B) describing projects that serve school districts which 
     serve a large number or percentage of economically 
     disadvantaged students.
       ``(b) Site Selection and Project Implementation.--Site 
     selection and implementation of the computer-based education 
     projects assisted under this part shall take place not later 
     than 9 months after funds are appropriated to carry out this 
     part pursuant to the authority of section 3608.

     ``SEC. 3604. PROGRAM REQUIREMENTS.

       ``Each State receiving a grant to conduct a computer-based 
     education project under this part shall--
       ``(1) provide a continuous 3-year computer-based education 
     project to 2 consecutive groups of 4th, 5th, and 6th grade 
     elementary school students during the period commencing with 
     each such group's entry into 4th grade and ending the summer 
     following each such group's completion of 6th grade;
       ``(2) ensure that each student in each of the classes 
     participating in the project shall participate in the 
     project;
       ``(3) conduct such project in not more than 7 public 
     elementary schools within the State; and
       ``(4) ensure that each student participating in the project 
     shall have access to a computer--
       ``(A) at school during the school year; and
       ``(B) at home during the school year and summer.

     ``SEC. 3605. APPLICATIONS.

       ``(a) Application Required.--In order to receive a grant 
     under this part, the State educational agency shall submit an 
     application to the Secretary in such form and containing such 
     information as the Secretary may reasonably require. Such 
     application shall include an assurance from the State 
     educational agency that the State educational agency has made 
     every effort to match on a dollar-for-dollar basis from 
     private or public sources the funds received under this part, 
     except that no such application shall be penalized or denied 
     assistance under this part on the basis of the failure to 
     provide such matching funds.
       ``(b) Application Period.--States shall be eligible to 
     submit applications for assistance under this part during a 
     3-month period determined by the Secretary.

     ``SEC. 3606. USE OF FUNDS.

       ``Grant funds under this part shall be used to provide 
     hardware and software components to all sites, and training 
     for classroom teachers as well as parents, administrators and 
     technical personnel.

     ``SEC. 3607. EVALUATION.

       ``The Secretary shall evaluate the demonstration program 
     assisted under this part and shall report to the Congress 
     regarding the overall effectiveness of such program.

     ``SEC. 3608. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $5,000,000 for 
     fiscal year 1995, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years, to carry out this part.
                 ``TITLE IV--MAGNET SCHOOLS ASSISTANCE

     ``SEC. 4101. FINDINGS.

       ``The Congress finds that--
       ``(1) magnet schools are a significant part of our Nation's 
     effort to achieve voluntary desegregation in our Nation's 
     schools;
       ``(2) the use of magnet schools has increased dramatically 
     since the date of enactment of the Magnet Schools Assistance 
     program, with approximately 1,400,000 students nationwide now 
     attending such schools, of which more than 60 percent of the 
     students are nonwhite;
       ``(3) magnet schools offer a wide range of distinctive 
     programs that have served as models for school improvement 
     efforts;
       ``(4) in administering the Magnet Schools Assistance 
     program, the Federal Government has learned that--
       ``(A) where magnet programs are implemented for only a 
     portion of a school's student body, special efforts must be 
     made to discourage the isolation of--
       ``(i) magnet students from other students in the school; 
     and
       ``(ii) students by racial characteristics;
       ``(B) school districts can maximize their effectiveness in 
     achieving the purposes of the Magnet Schools Assistance 
     program if such districts have more flexibility in the 
     administration of such program in order to serve students 
     attending a school who are not enrolled in the magnet school 
     program;
       ``(C) school districts must be creative in designing magnet 
     schools for students at all academic levels, so that school 
     districts do not skim off only the highest achieving students 
     to attend the magnet schools;
       ``(D) consistent with desegregation guidelines, school 
     districts must seek to enable participation in magnet school 
     programs by students who reside in the neighborhoods where 
     the programs operate; and
       ``(E) in order to ensure that magnet schools are sustained 
     after Federal funding ends, the Federal Government must 
     assist school districts to improve their capacity to continue 
     to operate magnet schools at a high level of performance;
       ``(5) it is in the best interest of the Federal Government 
     to--
       ``(A) continue the Federal Government's support of school 
     districts implementing court-ordered desegregation plans and 
     school districts seeking to foster meaningful interaction 
     among students of different racial and ethnic backgrounds, 
     beginning at the earliest stage of such students' education;
       ``(B) ensure that all students have equitable access to 
     quality education that will prepare such students to function 
     well in a culturally diverse, technologically oriented, and 
     highly competitive, global community; and
       ``(C) maximize the ability of school districts to plan, 
     develop, implement and continue effective and innovative 
     magnet schools that contribute to State and local systemic 
     reform.

     ``SEC. 4102. STATEMENT OF PURPOSE.

       ``The purpose of this title is to assist in the 
     desegregation of school districts by providing financial 
     assistance to eligible local educational agencies for--
       ``(1) the elimination, reduction, or prevention of minority 
     group isolation in elementary and secondary schools with 
     substantial proportions of minority students;
       ``(2) the development and implementation of magnet school 
     projects that will assist local educational agencies in 
     achieving systemic reforms and providing all students the 
     opportunity to meet challenging State content standards and 
     challenging State student performance standards;
       ``(3) the development and design of innovative educational 
     methods and practices; and
       ``(4) courses of instruction within magnet schools that 
     will substantially strengthen the knowledge of academic 
     subjects and the grasp of tangible and marketable vocational 
     skills of students attending such schools.

     ``SEC. 4103. PROGRAM AUTHORIZED.

       ``The Secretary, in accordance with this title, is 
     authorized to make grants to local educational agencies, and 
     consortia of such agencies where appropriate, to carry out 
     the purpose of this title for magnet schools that are--
       ``(1) part of an approved desegregation plan; and
       ``(2) designed to bring students from different social, 
     economic, ethnic, and racial backgrounds together.

     ``SEC. 4104. DEFINITION.

       ``For the purpose of this title, the term `magnet school' 
     means a public school or public education center that offers 
     a special curriculum capable of attracting substantial 
     numbers of students of different racial backgrounds.

     ``SEC. 4105. ELIGIBILITY.

       ``A local educational agency, or consortium of such 
     agencies where appropriate, is eligible to receive assistance 
     under this title to carry out the purposes of this title if 
     such agency or consortium--
       ``(1) is implementing a plan undertaken pursuant to a final 
     order issued by a court of the United States, or a court of 
     any State, or any other State agency or official of competent 
     jurisdiction, and that requires the desegregation of 
     minority-group-segregated children or faculty in the 
     elementary and secondary schools of such agency; or
       ``(2) without having been required to do so, has adopted 
     and is implementing, or will, if assistance is made available 
     to such local educational agency or consortium of such 
     agencies under this part, adopt and implement a plan that has 
     been approved by the Secretary as adequate under title VI of 
     the Civil Rights Act of 1964 for the desegregation of 
     minority-group-segregated children or faculty in such 
     schools.

     ``SEC. 4106. APPLICATIONS AND REQUIREMENTS.

       ``(a) Applications.--An eligible local educational agency 
     or consortium of such agencies desiring to receive assistance 
     under this title shall submit an application to the Secretary 
     at such time, in such manner, and containing such information 
     and assurances as the Secretary may require.
       ``(b) Information and Assurances.--Each such application 
     shall include--
       ``(1) a description of--
       ``(A) how assistance made available under this title will 
     be used to promote desegregation, including how the proposed 
     magnet school project will increase interaction among 
     students of different social, economic, ethnic, and racial 
     backgrounds;
       ``(B) the manner and extent to which the magnet school 
     project seeks to increase student achievement in the 
     instructional area or areas offered by the school;
       ``(C) how an applicant will continue the magnet school 
     project after assistance under this title may no longer be 
     available, including, if applicable, an explanation of why 
     magnet schools established or supported by the applicant with 
     funds under this title cannot be continued without the use of 
     funds under this part;
       ``(D) how funds under this title will be used to implement 
     services and activities that are consistent with--
       ``(i) the State plan described in section 1111; and
       ``(ii) the local educational agency's plan described in 
     section 1112; and
       ``(E) the criteria to be used in selecting students to 
     attend the proposed magnet school projects; and
       ``(2) assurances that the applicant will--
       ``(A) use funds under this title for the purposes specified 
     in section 4102;
       ``(B) employ State certified or licensed teachers in the 
     courses of instruction assisted under this title to teach or 
     supervise others who are teaching the subject matter of the 
     courses of instruction;
       ``(C) not engage in discrimination based on race, religion, 
     color, national origin, sex, or disability in--
       ``(i) the hiring, promotion, or assignment of employees of 
     the agency or other personnel for whom the agency has any 
     administrative responsibility;
       ``(ii) the assignment of students to schools, or to courses 
     of instruction within the school, of such agency, except to 
     carry out the approved plan; and
       ``(iii) designing or operating extracurricular activities 
     for students;
       ``(D) carry out a high-quality education program that will 
     encourage greater parental decisionmaking and involvement; 
     and
       ``(E) give students residing in the local attendance area 
     of the proposed magnet school projects equitable 
     consideration for places in those projects.
       ``(c) Special Rule.--No application may be approved under 
     this section unless the Assistant Secretary of Education for 
     Civil Rights determines that the assurances described in 
     subsection (b)(2)(C) will be met.

     ``SEC. 4107. PRIORITY.

       ``In approving applications under this title, the Secretary 
     shall give priority to applicants that--
       ``(1) demonstrate the greatest need for assistance, based 
     on the expense or difficulty of effectively carrying out an 
     approved desegregation plan and the projects for which 
     assistance is sought;
       ``(2) propose to carry out new magnet school projects, or 
     significantly revise existing magnet school projects, which 
     include revisions to enable a magnet school to implement 
     effective educational approaches that are consistent with the 
     State's and the local educational agency's State or local 
     improvement plans, if any;
       ``(3) propose to select students to attend magnet school 
     projects on the basis of multiple criteria which may include 
     a lottery, rather than solely academic examination; and
       ``(4) propose to draw on comprehensive community 
     involvement plans.

     ``SEC. 4108. USE OF FUNDS.

       ``(a) In General.--Grant funds made available under this 
     title may be used by an eligible local educational agency or 
     consortium of such agencies--
       ``(1) for planning and promotional activities directly 
     related to the development, expansion, continuation, or 
     enhancement of academic programs and services offered at 
     magnet schools;
       ``(2) for the acquisition of books, materials, and 
     equipment, including computers and the maintenance and 
     operation thereof, necessary for the conduct of programs in 
     magnet schools;
       ``(3) for the payment of, or subsidization of the 
     compensation of, elementary and secondary school teachers who 
     are certified or licensed by the State, and instructional 
     staff, where applicable, and who are necessary for the 
     conduct of programs in magnet schools; and
       ``(4) with respect to a magnet school program offered to 
     less than the entire student population of a school, for 
     instructional activities that--
       ``(A) are designed to make available the special curriculum 
     that is offered by the magnet school project to students who 
     are enrolled in the school but who are not enrolled in the 
     magnet school program; and
       ``(B) further the purposes of this title.
       ``(b) Special Rule.--Grant funds under this title may be 
     used in accordance with paragraphs (2) and (3) of subsection 
     (a), only if the activities described in such paragraphs are 
     directly related to improving the students' reading skills or 
     knowledge of mathematics, science, history, geography, 
     English, foreign languages, art, or music, or to improving 
     vocational skills.

     ``SEC. 4109. PROHIBITIONS.

       ``Grants under this title may not be used for 
     transportation, or for any activity that does not augment 
     academic improvement.

     ``SEC. 4110. LIMITATION ON PAYMENTS.

       ``(a) Duration of Awards.--A grant under this title shall 
     be awarded for a period that shall not exceed four fiscal 
     years.
       ``(b) Limitation on Planning Funds.--
       ``(1) In general.--A local educational agency may expend 
     for planning not more than 50 percent of the funds received 
     under this title for the first year of the project, 25 
     percent of such funds for the second such year, and 10 
     percent of such funds for the third such year.
       ``(2) Special rule.--A local educational agency shall not 
     expend funds under this title for planning after the third 
     year of a project assisted under this title.
       ``(c) Federal Share.--
       ``(1) In general.--The Federal share of the cost of any 
     project assisted under this title shall not exceed 100 
     percent for the first and second years of the project, 90 
     percent for the third such year, and 70 percent for the 
     fourth or any subsequent such year including any year for 
     which a grant is renewed pursuant to a new grant competition 
     under this title.
       ``(2) Non-federal share.--The non-Federal share of the cost 
     of any project assisted under this title may be in cash or in 
     kind, including planned equipment or services, fairly valued, 
     and may include other Federal education funds.
       ``(d) Limitation on Grants.--No local educational agency or 
     consortium receiving a grant under this section shall receive 
     more than $4,000,000 under this part in any one fiscal year.
       ``(e) Award Requirement.--To the extent practicable, for 
     any fiscal year, the Secretary shall award grants to local 
     educational agencies or consortia under this title not later 
     than June 30 of the applicable fiscal year.

     ``SEC. 4111. INNOVATIVE PROGRAMS.

       ``(a) In General.--From amounts reserved under section 
     4112(d) for each fiscal year, the Secretary shall award 
     grants to local educational agencies described in section 
     4105 to enable such agencies to conduct innovative programs 
     that--
       ``(1) carry out the purpose of this part; and
       ``(2) involve strategies other than magnet schools, such as 
     neighborhood or community model schools--
       ``(A) organized around a special emphasis, theme or 
     concept; and
       ``(B) involving extensive parent and community involvement.
       ``(b) Applicability.--Sections 4103, 4106, 4107, and 4108, 
     shall not apply to grants awarded under subsection (a).
       ``(c) Applications.--Each local educational agency desiring 
     a grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require.

     ``SEC. 4112. AUTHORIZATION OF APPROPRIATIONS; RESERVATION.

       ``(a) Authorization.--For the purpose of carrying out this 
     title, there are authorized to be appropriated $120,000,000 
     for fiscal year 1995 and such sums as may be necessary for 
     each of the 4 succeeding fiscal years.
       ``(b) Availability of Funds for Grants to Agencies Not 
     Previously Assisted.--In any fiscal year for which the amount 
     appropriated pursuant to subsection (a) exceeds $75,000,000, 
     the Secretary shall give priority to using such amounts in 
     excess of $75,000,000 to award grants to local educational 
     agencies or consortia that did not receive a grant under this 
     part in the preceding fiscal year.
       ``(c) Evaluations.--
       ``(1) In general.--The Secretary may reserve not more than 
     two percent of the funds appropriated under subsection (a) 
     for any fiscal year to carry out evaluations of projects 
     assisted under this part.
       ``(2) Contents.--Each evaluation described in paragraph 
     (1), at a minimum, shall address--
       ``(A) how and the extent to which magnet school programs 
     lead to educational quality and improvement;
       ``(B) the extent to which magnet school programs enhance 
     student access to quality education;
       ``(C) the extent to which magnet school programs lead to 
     the elimination, reduction, or prevention of minority group 
     isolation in elementary and secondary schools with 
     substantial proportions of minority students; and
       ``(D) the extent to which magnet school programs differ 
     from other school programs in terms of the organizational 
     characteristics and resource allocations of such magnet 
     school programs.
       ``(d) Innovative Programs.--The Secretary shall reserve not 
     more than 5 percent of the funds appropriated under 
     subsection (a) for each fiscal year to award grants under 
     section 4111.
                 ``TITLE V--BETTER SCHOOLS FOR AMERICA

          ``PART A--SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES

     ``SEC. 5101. FINDINGS.

       ``The Congress finds as follows:
       ``(1) The seventh National Education Goal provides that by 
     the year 2000, all schools in America will be free of drugs 
     and violence and the unauthorized presence of firearms and 
     alcohol, and offer a disciplined environment that is 
     conducive to learning.
       ``(2) The widespread use of alcohol and other drugs among 
     the Nation's secondary school students, and increasingly by 
     students in elementary schools as well, constitutes a grave 
     threat to the physical and mental well-being of such 
     students, and significantly impedes the learning process. For 
     example, data show that students who drink tend to receive 
     lower grades and are more likely to miss school because of 
     illness than students who do not drink.
       ``(3) Our Nation's schools and communities are increasingly 
     plagued by violence and crime. Approximately 3,000,000 thefts 
     and violent crimes occur in or near our Nation's schools 
     every year, the equivalent of more than 16,000 incidents per 
     school day.
       ``(4) Violence that is linked to prejudice and intolerance 
     victimizes entire communities leading to more violence and 
     discrimination.
       ``(5) Violence and drug abuse have numerous personal and 
     societal roots, and character education is an important 
     component of any comprehensive strategy to address the 
     serious problems of violence and drug abuse.
       ``(6) The tragic consequences of violence and the illegal 
     use of alcohol and other drugs by students are felt not only 
     by students and their families, but by such students' 
     communities and the Nation, which can ill afford to lose such 
     students' skills, talents, and vitality.
       ``(7) Alcohol and tobacco are the most widely used drugs 
     among young people. Both of these drugs can, and do, have 
     adverse consequences for users, their families, communities, 
     schools, and colleges. Drug prevention programs for youth 
     that address only controlled drugs send an erroneous message 
     that alcohol and tobacco do not present significant problems, 
     or that society is willing to overlook their use. To be 
     credible, messages opposing illegal drug use by youth should 
     address all drugs.
       ``(8) Every day approximately 3,000 children start smoking. 
     Thirty percent of all secondary school seniors are smokers. 
     Half of all new smokers begin smoking before the age of 14, 
     90 percent of such smokers begin before the age of 21, and 
     the average age of the first use of smokeless tobacco is 
     under the age of 10. Use of tobacco products has been linked 
     to serious health problems. However, because the nicotine in 
     tobacco is addictive, many tobacco users find it difficult to 
     stop using tobacco once such users have started. Drug 
     education and prevention programs that include tobacco have 
     been effective in reducing teenage use of tobacco.
       ``(9) Drug and violence prevention programs are essential 
     components of a comprehensive strategy to promote school 
     safety and to reduce the demand for and use of drugs 
     throughout the Nation. Schools and local organizations in 
     communities throughout the Nation have a special 
     responsibility to work together to combat the growing 
     epidemic of violence and illegal drug use and should measure 
     the success of their programs against clearly defined goals 
     and objectives.
       ``(10) Students must take greater responsibility for their 
     own well-being, health, and safety if schools and communities 
     are to achieve the goals of providing a safe, disciplined, 
     and drug-free learning environment.

     ``SEC. 5102. PURPOSE.

       ``The purpose of this title is to support programs to meet 
     the seventh National Educational Goal by preventing violence 
     in and around schools and by strengthening programs that 
     prevent the illegal use of alcohol, tobacco, and other drugs, 
     involve parents, and are coordinated with related Federal, 
     State, and community efforts and resources, through the 
     provision of Federal assistance to--
       ``(1) States for grants to local and intermediate 
     educational agencies and consortia to establish, operate, and 
     improve local programs of school drug and violence 
     prevention, early intervention, rehabilitation referral, and 
     education in elementary and secondary schools (including 
     intermediate and junior high schools);
       ``(2) States for grants to, and contracts with, community-
     based organizations and other public and private nonprofit 
     agencies and organizations for programs of drug and violence 
     prevention, early intervention, rehabilitation referral, and 
     education for school dropouts and other high-risk youth;
       ``(3) States for development, training, technical 
     assistance, and coordination activities;
       ``(4) institutions of higher education to establish, 
     operate, expand, and improve programs of school drug and 
     violence prevention, education, and rehabilitation referral 
     for students enrolled in colleges and universities; and
       ``(5) public and private nonprofit organizations to conduct 
     training, demonstrations, research, and evaluation, and to 
     provide supplementary services for the prevention of drug use 
     and violence among students and youth.

     ``SEC. 5103. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $660,000,000 for 
     fiscal year 1995, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years, to carry out this part, of 
     which not more than 10 percent shall be available in each 
     fiscal year to carry out subpart 2.

  ``Subpart 1--State Grants for Drug and Violence Prevention Programs

     ``SEC. 5111. RESERVATIONS AND ALLOTMENTS.

       ``(a) Reservations.--From the amount made available to 
     carry out this subpart for each fiscal year under section 
     5103, the Secretary--
       ``(1) shall reserve 1 percent of such amount for grants 
     under this subpart to Guam, American Samoa, the Virgin 
     Islands, the Commonwealth of the Northern Mariana Islands, 
     the Republic of the Marshall Islands, the Federated States of 
     Micronesia, and Palau, to be allotted in accordance with the 
     Secretary's determination of their respective needs;
       ``(2) shall reserve 1 percent of such amount for the 
     Secretary of the Interior to carry out programs under this 
     part for Indian youth;
       ``(3) shall reserve 0.2 percent of such amount for programs 
     for Native Hawaiians under section 5119; and
       ``(4) may reserve not more than $1,000,000 for the national 
     impact evaluation required by section 5118(a).
       ``(b) State Allotments.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary shall, for each fiscal year, allocate among the 
     States--
       ``(A) one-half of the remainder not reserved under 
     subsection (a) according to the ratio between the school-aged 
     population of each State and the school-aged population of 
     all the States; and
       ``(B) one-half of such remainder according to the ratio 
     between the amount each State received under section 1122 for 
     the preceding year (or, for fiscal year 1995 only, sections 
     1005 and 1006 of this Act as such sections were in existence 
     on the day preceding the date of enactment of the Improving 
     America's Schools Act of 1994) and the sum of such amounts 
     received by all the States.
       ``(2) Minimum.--For any fiscal year, no State shall be 
     allotted under this subsection an amount that is less than 
     one-half of 1 percent of the total amount allotted to all the 
     States under this subsection.
       ``(3) Reallotment.--The Secretary may reallot any amount of 
     any allotment to a State if the Secretary determines that the 
     State will be unable to use such amount within two years of 
     such allotment. Such reallotments may be made by the 
     Secretary in the same manner as allotments are made under 
     paragraph (1).
       ``(4) Definition.--For the purpose of this subsection, the 
     term `State' means each of the 50 States, the District of 
     Columbia, and the Commonwealth of Puerto Rico.

     ``SEC. 5112. STATE APPLICATIONS.

       ``(a) In General.--In order to receive an allotment under 
     section 5111 for any fiscal year, a State shall submit to the 
     Secretary, at such time as the Secretary may require, an 
     application that--
       ``(1) contains the results of the State's needs assessment 
     for drug and violence prevention programs, which shall be 
     based on the results of on-going State evaluation activities, 
     including data on the prevalence of drug use and violence by 
     youth in schools and communities;
       ``(2) contains assurances that the application was 
     developed in consultation and coordination with appropriate 
     State officials and others, including the chief State school 
     officer, the head of the State alcohol and drug abuse agency, 
     the heads of the State health and mental health agencies, the 
     head of the State criminal justice planning agency, the head 
     of the State child welfare agency, the head of the State 
     board of education, or their designees, and representatives 
     of parents, students, and community-based organizations; and
       ``(3) contains a description of the procedures the State 
     educational agency will use to review applications from local 
     educational agencies under section 5115.
       ``(b) State Educational Agency Funds.--A State's 
     application under this section shall also contain a 
     comprehensive plan for the use of funds under section 5113(a) 
     by the State educational agency that includes--
       ``(1) a statement of the State educational agency's 
     measurable goals and objectives for drug and violence 
     prevention and a description of the procedures such agency 
     will use for assessing and publicly reporting progress toward 
     meeting those goals and objectives;
       ``(2) a plan for monitoring the implementation of, and 
     providing technical assistance regarding, the drug and 
     violence prevention programs conducted by local educational 
     agencies in accordance with section 5116;
       ``(3) a description of how the State educational agency 
     will use funds such agency reserves under section 5113(b);
       ``(4) a description of how the State educational agency 
     will coordinate such agency's activities under this subpart 
     with the chief executive officer's drug and violence 
     prevention programs under this subpart and with the 
     prevention efforts of other State agencies; and
       ``(5) an explanation of the criteria the State educational 
     agency will use to identify which local educational agencies 
     receive supplemental funds under section 5113(d)(2)(A)(ii) 
     and how the supplemental funds will be allocated among those 
     local educational agencies.
       ``(c) Governor's Funds.--A State's application under this 
     section shall also contain a comprehensive plan for the use 
     of funds under section 5114(a) by the chief executive officer 
     that includes--
       ``(1) a statement of the chief executive officer's 
     measurable goals and objectives for drug and violence 
     prevention and a description of the procedures to be used for 
     assessing and publicly reporting progress toward meeting 
     those goals and objectives;
       ``(2) a description of how the chief executive officer will 
     coordinate such officer's activities under this part with the 
     State educational agency and other State agencies and 
     organizations involved with drug and violence prevention 
     efforts;
       ``(3) a description of how funds reserved under section 
     5114(a) will be used so as not to duplicate the efforts of 
     the State educational agency and local educational agencies 
     with regard to the provision of school-based prevention 
     efforts and services and how those funds will be used to 
     serve populations not normally served by the State 
     educational agency, such as school dropouts and youth in 
     detention centers;
       ``(4) a description of how the chief executive officer will 
     award funds under section 5114(a) and a plan for monitoring 
     the performance of, and providing technical assistance to, 
     recipients of such funds; and
       ``(5) a description of how funds will be used to support 
     community-wide comprehensive drug and violence prevention 
     planning.
       ``(d) Peer Review.--The Secretary shall use a peer review 
     process in reviewing State applications under this section.
       ``(e) Interim Application.--Notwithstanding any other 
     provisions of this section, a State may submit for fiscal 
     year 1995 a one-year interim application and plan for the use 
     of funds under this subpart that are consistent with the 
     requirements of this section and contain such information as 
     the Secretary may specify in regulations. The purpose of such 
     interim application and plan shall be to afford the State the 
     opportunity to fully develop and review such State's 
     application and comprehensive plan otherwise required by this 
     section. A State may not receive a grant under this subpart 
     for a fiscal year subsequent to fiscal year 1995 unless the 
     Secretary has approved such State's application and 
     comprehensive plan in accordance with this subpart.

     ``SEC. 5113. STATE AND LOCAL EDUCATIONAL AGENCY PROGRAMS.

       ``(a) Use of Funds.--An amount equal to 80 percent of the 
     total amount allocated to a State under section 5111 for each 
     fiscal year shall be used by the State educational agency and 
     its local educational agencies for drug and violence 
     prevention activities in accordance with this section.
       ``(b) State Level Programs.--
       ``(1) In general.--A State educational agency shall use not 
     more than 5 percent of the amount available under subsection 
     (a) for activities such as--
       ``(A) training and technical assistance concerning drug and 
     violence prevention for local and intermediate educational 
     agencies, including teachers, administrators, coaches and 
     athletic directors, other staff, parents, students, community 
     leaders, health service providers, local law enforcement 
     officials, and judicial officials;
       ``(B) the development, identification, dissemination and 
     evaluation of the most readily available, accurate, and up-
     to-date curriculum materials, for consideration by local 
     educational agencies;
       ``(C) making available to local educational agencies cost 
     effective programs for youth violence and drug abuse 
     prevention;
       ``(D) demonstration projects in drug and violence 
     prevention;
       ``(E) training, technical assistance, and demonstration 
     projects to address violence associated with prejudice and 
     intolerance;
       ``(F) financial assistance to enhance resources available 
     for drug and violence prevention in areas serving large 
     numbers of economically disadvantaged children or sparsely 
     populated areas, or to meet other special needs consistent 
     with the purposes of this subpart; and
       ``(G) evaluation activities required by this subpart.
       ``(2) Special rule.--A State educational agency may carry 
     out activities under this subsection directly, or through 
     grants or contracts.
       ``(c) State Administration.--A State educational agency may 
     use not more than 5 percent of the amount made available 
     under subsection (a) for the administrative costs of carrying 
     out such agency's responsibilities under this subpart.
       ``(d) Local Educational Agency Programs.--
       ``(1) In general.--A State educational agency shall 
     distribute not less than 90 percent of the amount made 
     available under subsection (a) for each fiscal year to local 
     educational agencies in accordance with this subsection.
       ``(2) Distribution.--(A) Of the amount distributed under 
     subsection (d)(1), a State educational agency shall 
     distribute--
       ``(i) 70 percent of such amount to local educational 
     agencies, based on the relative enrollments in public and 
     private nonprofit elementary and secondary schools within the 
     boundaries of such agencies; and
       ``(ii) 30 percent of such amount to local educational 
     agencies that the State educational agency determines have 
     the greatest need for additional funds to carry out drug and 
     violence prevention programs authorized by this subpart.
       ``(B)(i) A State educational agency shall distribute funds 
     under subparagraph (A)(ii) to not more than 10 percent of the 
     local educational agencies in the State, or five such 
     agencies, whichever is greater.
       ``(ii) In determining which local educational agencies have 
     the greatest need for additional funds, the State educational 
     agency shall consider factors such as--
       ``(I) high rates of alcohol or other drug use among youth;
       ``(II) high rates of victimization of youth by violence and 
     crime;
       ``(III) high rates of arrests and convictions of youth for 
     violent or drug- or alcohol-related crime;
       ``(IV) the extent of illegal gang activity;
       ``(V) high incidence of violence associated with prejudice 
     and intolerance;
       ``(VI) high rates of referrals of youths to drug and 
     alcohol abuse treatment and rehabilitation programs;
       ``(VII) high rates of referrals of youths to juvenile 
     court;
       ``(VIII) high rates of expulsions and suspensions of 
     students from schools; and
       ``(IX) high rates of reported cases of child abuse and 
     domestic violence.
       ``(e) Reallocation of Funds.--If a local educational agency 
     chooses not to apply to receive the amount allocated to such 
     agency under subsection (d), or if such agency's application 
     under section 5115 is disapproved by the State educational 
     agency, the State educational agency shall reallocate such 
     amount to one or more of the local educational agencies 
     determined by the State educational agency under subsection 
     (d)(2)(B) to have the greatest need for additional funds.

     ``SEC. 5114. GOVERNOR'S PROGRAMS.

       ``(a) Use of Funds.--
       ``(1) In general.--An amount equal to 20 percent of the 
     total amount allocated to a State under section 5111 for each 
     fiscal year shall be used by the chief executive officer of 
     such State for drug and violence prevention programs and 
     activities in accordance with this section.
       ``(2) Administrative costs.--A chief executive officer may 
     use not more than 5 percent of the amount reserved under 
     subsection (a)(1) for the administrative costs incurred in 
     carrying out the duties of such officer under this section.
       ``(b) Programs Authorized.--
       ``(1) In general.--A chief executive officer shall use 
     funds made available under subsection (a)(1) for grants to or 
     contracts with parent groups, community action and job 
     training agencies, community-based organizations, and other 
     public entities and private nonprofit organizations and 
     consortia thereof. In making such grants and contracts, a 
     chief executive officer shall give priority to programs and 
     activities described in subsection (c) for--
       ``(A) children and youth who are not normally served by 
     State or local educational agencies; or
       ``(B) populations that need special services or additional 
     resources (such as preschoolers, youth in juvenile detention 
     facilities, runaway or homeless children and youth, pregnant 
     and parenting teenagers, and school dropouts).
       ``(2) Peer review.--Grants or contracts awarded under this 
     subsection shall be subject to a peer review process.
       ``(c) Authorized Activities.--Grants and contracts under 
     subsection (b) shall be used for programs and activities such 
     as--
       ``(1) disseminating information about drug and violence 
     prevention;
       ``(2) training parents, law enforcement officials, judicial 
     officials, social service providers, health service providers 
     and community leaders about drug and violence prevention, 
     comprehensive health education, early intervention, pupil 
     services, or rehabilitation referral;
       ``(3) developing and implementing comprehensive, community-
     based drug and violence prevention programs that link 
     community resources with schools and integrate services 
     involving education, vocational and job skills training and 
     placement, law enforcement, health, mental health, community 
     service, mentoring, and other appropriate services;
       ``(4) planning and implementing drug and violence 
     prevention activities that coordinate the efforts of State 
     agencies with efforts of the State educational agency and its 
     local educational agencies;
       ``(5) activities to protect students traveling to and from 
     school;
       ``(6) before-and-after school recreational, instructional, 
     cultural, and artistic programs that encourage drug- and 
     violence-free lifestyles;
       ``(7) professional development workshops for teachers and 
     curricula that promote the awareness of and sensitivity to 
     alternatives to violence through courses of study that 
     include related issues of intolerance and hatred in history;
       ``(8) developing and implementing activities to prevent and 
     reduce violence associated with prejudice and intolerance;
       ``(9) developing and implementing strategies to prevent 
     illegal gang activity;
       ``(10) coordinating and conducting community-wide violence 
     and safety assessments and surveys;
       ``(11) age appropriate programs to prevent child abuse;
       ``(12) activities such as community service and service-
     learning projects; and
       ``(13) evaluating programs and activities assisted under 
     this section.

     ``SEC. 5115. LOCAL APPLICATIONS.

       ``(a) Application Required.--
       ``(1) In general.--In order to be eligible to receive a 
     distribution under section 5113(d) for any fiscal year, a 
     local educational agency shall submit, at such time as the 
     State educational agency requires, an application to the 
     State educational agency for approval. Such an application 
     shall be amended, as necessary, to reflect changes in the 
     local educational agency's program.
       ``(2) Development.--(A) A local educational agency shall 
     develop its application under subsection (a)(1) in 
     consultation with a local or substate regional advisory 
     council that includes, to the extent possible, 
     representatives of local government, business, parents, 
     students, teachers, pupil services personnel, appropriate 
     State agencies, private schools, the medical profession, law 
     enforcement, community-based organizations, and other groups 
     with interest and expertise in drug and violence prevention.
       ``(B) In addition to assisting the local educational agency 
     to develop an application under this section, the advisory 
     council established or designated under paragraph (2)(A) 
     shall, on an ongoing basis--
       ``(i) disseminate information about drug and violence 
     prevention programs, projects, and activities conducted 
     within the boundaries of the local educational agency;
       ``(ii) advise the local educational agency on how best to 
     coordinate such agency's activities under this subpart with 
     other related programs, projects, and activities and the 
     agencies that administer such programs, projects, and 
     activities; and
       ``(iii) review program evaluations and other relevant 
     material and make recommendations to the local educational 
     agency on how to improve such agency's drug and violence 
     prevention programs.
       ``(b) Contents of Applications.--An application under this 
     section shall contain--
       ``(1) a description of the current alcohol, tobacco, and 
     other drug problems as well as the violence, safety, 
     prejudice, and discipline problems among students who attend 
     the schools of the applicant (including private school 
     students who participate in the applicant's drug and violence 
     prevention program);
       ``(2) a detailed explanation of the local educational 
     agency's comprehensive plan for drug and violence prevention, 
     which shall include a description of--
       ``(A) how that plan is consistent with, and promotes the 
     goals in, the State's application under section 5112;
       ``(B) the local educational agency's measurable goals for 
     drug and violence prevention, and a description of how such 
     agency will assess and publicly report progress toward 
     attaining these goals;
       ``(C) how the local educational agency will use its 
     distribution under this subpart;
       ``(D) how the local educational agency will coordinate such 
     agency's programs and projects with community-wide efforts to 
     achieve such agency's goals for drug and violence prevention; 
     and
       ``(E) how the local educational agency will coordinate such 
     agency's programs and projects with other Federal, State, and 
     local programs for drug-abuse prevention, including health 
     programs; and
       ``(3) such other information and assurances as the State 
     educational agency may reasonably require.
       ``(c) Review of Application.--
       ``(1) In general.--A State educational agency shall use a 
     peer review process in reviewing local applications under 
     this section.
       ``(2) Considerations.--(A) In determining whether to 
     approve the application of a local educational agency under 
     this section, a State educational agency shall consider the 
     quality of the local educational agency's comprehensive plan 
     under subsection (b)(2) and the extent to which such plan is 
     consistent with, and supports, the State's application under 
     section 5112 and the State's plan under section 1111.
       ``(B) A State educational agency may disapprove a local 
     educational agency application under this section in whole or 
     in part and may withhold, limit, or place restrictions on the 
     use of funds distributed to such a local educational agency 
     in a manner the State educational agency determines will best 
     promote the purposes of this part or the State's plan under 
     section 1111.

     ``SEC. 5116. LOCAL DRUG AND VIOLENCE PREVENTION PROGRAMS.

       ``(a) Program Requirements.--A local educational agency 
     shall use funds received under this subpart to adopt and 
     carry out a comprehensive drug and violence prevention 
     program which shall--
       ``(1) be designed, for all students and employees, to--
       ``(A) prevent the use, possession, and distribution of 
     tobacco, alcohol and illegal drugs by students and to prevent 
     the illegal use, possession, and distribution of such 
     substances by employees;
       ``(B) prevent violence and promote school safety; and
       ``(C) create a disciplined environment conducive to 
     learning; and
       ``(2) include activities to promote the involvement of 
     parents and coordination with community groups and agencies, 
     including the distribution of information about the local 
     educational agency's needs, goals, and programs under this 
     subpart.
       ``(b) Authorized Activities.--A comprehensive drug and 
     violence prevention program carried out under this subpart 
     may include--
       ``(1) age-appropriate, developmentally based drug 
     prevention and education programs for all students, from the 
     preschool level through grade 12, that address the legal, 
     social, personal and health consequences of the use of 
     illegal drugs, promote a sense of individual responsibility, 
     and provide information about effective techniques for 
     resisting peer pressure to use illegal drugs;
       ``(2) programs of drug prevention, comprehensive health 
     education, early intervention, pupil services, mentoring, or 
     rehabilitation referral, which emphasize students' sense of 
     individual responsibility and which may include--
       ``(A) the dissemination of information about drug 
     prevention;
       ``(B) the professional development of school personnel, 
     parents, students, law enforcement officials, judicial 
     officials, health service providers and community leaders in 
     prevention, education, early intervention, pupil services or 
     rehabilitation referral; and
       ``(C) the implementation of strategies, including 
     strategies to integrate the delivery of services from a 
     variety of providers, to combat illegal alcohol, tobacco and 
     other drug use, such as--
       ``(i) family counseling;
       ``(ii) early intervention activities that prevent family 
     dysfunction, enhance school performance, and boost attachment 
     to school and family; and
       ``(iii) activities, such as community service and service-
     learning projects, that are designed to increase students' 
     sense of community;
       ``(3) age-appropriate, developmentally based violence 
     prevention and education programs for all students, from the 
     preschool level through grade 12, that address the legal, 
     health, personal, and social consequences of violent and 
     disruptive behavior, including sexual harassment and abuse, 
     and victimization associated with prejudice and intolerance, 
     and that include activities designed to help students develop 
     a sense of individual responsibility and respect for the 
     rights of others, and to resolve conflicts without violence;
       ``(4) violence prevention programs for school-aged youth, 
     which emphasize students' sense of individual responsibility 
     and may include--
       ``(A) the dissemination of information about school safety 
     and discipline;
       ``(B) the professional development of school personnel, 
     parents, students, law enforcement officials, judicial 
     officials, and community leaders in designing and 
     implementing strategies to prevent school violence;
       ``(C) the implementation of strategies, such as conflict 
     resolution and peer mediation, and the use of mentoring 
     programs, to combat school violence and other forms of 
     disruptive behavior, such as sexual harassment and abuse;
       ``(D) the development and implementation of character 
     education programs that are tailored by communities, parents 
     and schools, and based on the tenets of democracy, self 
     discipline, and personal and civic responsibility, and guided 
     by the principles of community and national laws, in order to 
     reduce the problems of violence and drug abuse; and
       ``(E) comprehensive, community-wide strategies to prevent 
     or reduce illegal gang activities;
       ``(5) supporting `safe zones of passage' for students 
     between home and school through such measures as Drug- and 
     Weapon-Free School Zones, enhanced law enforcement, and 
     neighborhood patrols;
       ``(6) acquiring and installing metal detectors and hiring 
     security personnel;
       ``(7) reimbursing law enforcement authorities for their 
     personnel who participate in school violence prevention 
     activities;
       ``(8) professional development workshops for teachers and 
     other staff and curricula that promote the awareness of and 
     sensitivity to alternatives to violence through courses of 
     study that include related issues of intolerance and hatred 
     in history;
       ``(9) the promotion of before-and-after school 
     recreational, instructional, cultural, and artistic programs 
     in supervised community settings;
       ``(10) drug abuse resistance education programs, designed 
     to teach students to recognize and resist pressures to use 
     alcohol or other drugs, which may include activities such as 
     classroom instruction by uniformed law enforcement officers, 
     resistance techniques, resistance to peer pressure and gang 
     pressure, and provision for parental involvement; and
       ``(11) the evaluation of any of the activities authorized 
     under this subsection.
       ``(c) Limitations.--
       ``(1) In general.--Not more than 10 percent of the funds 
     made available to a local educational agency under this 
     subpart may be used to carry out the activities described in 
     paragraphs (5), (6), and (7) of subsection (b).
       ``(2) Special rule.--A local educational agency shall only 
     be able to use funds received under this subpart for 
     activities described in paragraphs (5), (6), and (7), of 
     subsection (b) if funding for such activities is not received 
     from other Federal agencies.

     ``SEC. 5117. EVALUATION AND REPORTING.

       ``(a) National Impact Evaluation.--The Secretary, in 
     consultation with the Secretary of Health and Human Services, 
     the Director of the Office of National Drug Control Policy, 
     and the Attorney General, shall conduct an independent 
     biennial evaluation of the national impact of programs 
     assisted under this subpart and submit a report of the 
     findings of such evaluation to the President and the 
     Congress.
       ``(b) State Report.--
       ``(1) In general.--By October 1, 1997, and every third year 
     thereafter, the chief executive officer of the State, in 
     cooperation with the State educational agency, shall submit 
     to the Secretary a report--
       ``(A) on the implementation and outcomes of State programs 
     under section 5114 and section 5113(b) and local programs 
     under section 5113(d), as well as an assessment of their 
     effectiveness; and
       ``(B) on the State's progress toward attaining its goals 
     for drug and violence prevention under subsections (b)(1) and 
     (c)(1) of section 5112.
       ``(2) Special rule.--The report required by this subsection 
     shall be--
       ``(A) in the form specified by the Secretary;
       ``(B) based on the State's on-going evaluation activities, 
     and shall include data on the prevalence of drug use and 
     violence by youth in schools and communities; and
       ``(C) made readily available to the public.
       ``(c) Local Educational Agency Report.--Each local 
     educational agency receiving funds under this subpart shall 
     submit to the State educational agency whatever information, 
     and at whatever intervals, the State requires to complete the 
     State report required by subsection (b), including 
     information on the prevalence of drug use and violence by 
     youth in the schools and the community. Such information 
     shall be made readily available to the public.

     ``SEC. 5118. PROGRAMS FOR HAWAIIAN NATIVES.

       ``(a) General Authority.--From the funds made available 
     pursuant to section 5111(a)(3) to carry out this section, the 
     Secretary shall make grants to or enter into cooperative 
     agreements or contracts with organizations primarily serving 
     and representing Hawaiian natives which are recognized by the 
     Governor of the State of Hawaii to plan, conduct, and 
     administer programs, or portions thereof, which are 
     authorized by and consistent with the provisions of this 
     title for the benefit of Hawaiian natives.
       ``(b) Definition of `Hawaiian Native'.--For the purposes of 
     this section, the term `Hawaiian native' means any individual 
     any of whose ancestors were natives, prior to 1778, of the 
     area which now comprises the State of Hawaii.

                     ``Subpart 2--National Programs

     ``SEC. 5121. FEDERAL ACTIVITIES.

       ``(a) Program Authorized.--From funds made available to 
     carry out this subpart under section 5103, the Secretary, in 
     consultation with the Secretary of Health and Human Services, 
     the Director of the Office of National Drug Control Policy, 
     and the Attorney General, shall carry out programs to prevent 
     the illegal use of drugs and violence among, and promote 
     safety and discipline for, students at all educational 
     levels, prekindergarten through postsecondary. The Secretary 
     shall carry out such programs directly, or through grants, 
     contracts, or cooperative agreements with public and private 
     nonprofit organizations and individuals, or through 
     agreements with other Federal agencies, and shall coordinate 
     such programs with other appropriate Federal activities. Such 
     programs may include--
       ``(1) the development and demonstration of innovative 
     strategies for training school personnel, parents, and 
     members of the community, including the demonstration of 
     model preservice training programs for prospective school 
     personnel;
       ``(2) demonstrations and rigorous evaluations of innovative 
     approaches to drug and violence prevention;
       ``(3) drug and violence prevention research that is 
     coordinated with other Federal agencies and is directed 
     toward improving programs and activities under this part;
       ``(4) program evaluations in accordance with section 10701 
     that address issues not addressed under section 5117(a);
       ``(5) direct services to schools and school systems 
     afflicted with especially severe drug and violence problems;
       ``(6) activities in communities designated as empowerment 
     zones or enterprise communities that will connect schools to 
     community-wide efforts to reduce drug and violence problems;
       ``(7) the development of education and training programs, 
     curricula, instructional materials, and professional training 
     and development for preventing and reducing the incidence of 
     crimes and conflicts motivated by hate in localities most 
     directly affected by hate crimes;
       ``(8) developing and disseminating drug and violence 
     prevention materials, including model curricula; and
       ``(9) other activities that meet unmet national needs 
     related to the purposes of this part.
       ``(b) Peer Review.--The Secretary shall use a peer review 
     process in reviewing applications for funds under this 
     section.

     ``SEC. 5122. GRANTS TO INSTITUTIONS OF HIGHER EDUCATION.

       ``(a) In General.--From funds made available to carry out 
     this subpart under section 5103, the Secretary is authorized 
     to make grants to, or enter into contracts with, institutions 
     of higher education, or consortia of such institutions, for 
     drug and violence prevention programs under this section. 
     Awards under this section shall support the development, 
     implementation, validation, and dissemination of model 
     programs and strategies to promote the safety of students 
     attending institutions of higher education by preventing 
     violent behavior and the illegal use of alcohol and other 
     drugs by such students.
       ``(b) Applications.--An institution of higher education, or 
     consortium of such institutions, that desires to receive an 
     award under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may reasonably require. The 
     Secretary shall use a peer review process for reviewing 
     applications for funds under this section.
       ``(c) Equitable Participation.--The Secretary shall make 
     every reasonable effort to ensure the equitable participation 
     in the activities assisted under this section of private and 
     public institutions of higher education (including community 
     and junior colleges), institutions of limited enrollment, and 
     institutions in different geographic regions.

                    ``Subpart 3--General Provisions

     ``SEC. 5131. DEFINITIONS.

       ``For the purposes of this part, the following terms have 
     the following meanings:
       ``(1) The term `drug and violence prevention' means--
       ``(A) with respect to drugs, prevention, early 
     intervention, rehabilitation referral, or education related 
     to the illegal use of alcohol, the use of tobacco and the use 
     of controlled, illegal, addictive, or harmful substances, 
     including inhalants and anabolic steroids; and
       ``(B) with respect to violence, the promotion of school 
     safety, such that students and school personnel are free from 
     violent and disruptive acts, including sexual harassment and 
     abuse, and victimization associated with prejudice and 
     intolerance, on school premises, going to and from school, 
     and at school-sponsored activities, through the creation and 
     maintenance of a school environment that is free of weapons 
     and fosters individual responsibility and respect for the 
     rights of others.
       ``(2) The term `hate crime' means a crime as described in 
     section 1(b) of the Hate Crime Statistics Act of 1990.
       ``(3) The term `nonprofit', as applied to a school, agency, 
     organization, or institution means a school, agency, 
     organization, or institution owned and operated by one or 
     more nonprofit corporations or associations, no part of the 
     net earnings of which inures, or may lawfully inure, to the 
     benefit of any private shareholder or individual.
       ``(4) The term `school-aged population' means the 
     population aged five through 17, as determined by the 
     Secretary on the basis of the most recent satisfactory data 
     available from the Department of Commerce.
       ``(5) The term `school personnel' includes teachers, 
     administrators, guidance counselors, social workers, 
     psychologists, nurses, librarians, and other support staff 
     who are employed by a school or who perform services for the 
     school on a contractual basis.

     ``SEC. 5132. MATERIALS.

       ``(a) `Wrong and Harmful' Message.--Drug prevention 
     programs supported under this part shall convey a clear and 
     consistent message that the illegal use of alcohol and other 
     drugs is wrong and harmful.
       ``(b) Curriculum.--The Secretary shall not prescribe the 
     use of specific curricula for programs supported under this 
     part, but may evaluate the effectiveness of such curricula 
     and other strategies in drug and violence prevention.

     ``SEC. 5133. PROHIBITED USES OF FUNDS.

       ``No funds under this part may be used for--
       ``(1) construction (except for minor remodeling needed to 
     accomplish the purposes of this part); and
       ``(2) medical services, except for pupil services or 
     referral to treatment for students who are victims of or 
     witnesses to crime or who use alcohol, tobacco, or other 
     drugs.

        ``PART B--ASSISTANCE TO ADDRESS SCHOOL DROPOUT PROBLEMS

     ``SEC. 5201. SHORT TITLE.

       ``This part may be cited as the `School Dropout Assistance 
     Act'.

     ``SEC. 5202. PURPOSE.

       ``The purpose of this part is to reduce the number of 
     children who do not complete their elementary and secondary 
     education by providing grants to local educational agencies 
     to establish--
       ``(1) effective programs to identify potential student 
     dropouts, including pregnant and parenting teenagers, and 
     prevent such students from dropping out of school;
       ``(2) effective programs to identify and encourage children 
     who have already dropped out to reenter school and complete 
     their elementary and secondary education;
       ``(3) effective early intervention programs designed to 
     identify at-risk students in elementary and secondary 
     schools; and
       ``(4) model systems for collecting and reporting 
     information to local school officials on the number, ages, 
     sex, race or ethnicity, and grade levels of the children not 
     completing their elementary and secondary education and the 
     reasons why such children have dropped out of school.

     ``SEC. 5203. GRANTS TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) Allotment to Categories of Local Educational 
     Agencies.--From the amount appropriated under section 5208 
     for any fiscal year, the Secretary shall first reserve not 
     more than $2,000,000 for the purposes of evaluating programs 
     carried out with assistance under this part in accordance 
     with section 10701. From the remaining amount, the Secretary 
     shall allot the following percentages to each of the 
     following categories of local educational agencies:
       ``(1) Local educational agencies administering schools with 
     a total enrollment of 100,000 or more elementary and 
     secondary school students shall be allotted 25 percent of 
     such remaining amount.
       ``(2) Local educational agencies administering schools with 
     a total enrollment of at least 20,000 but less than 100,000 
     elementary and secondary school students shall be allotted 40 
     percent of such remaining amount.
       ``(3) Local educational agencies administering schools with 
     a total enrollment of less than 20,000 elementary and 
     secondary school students shall be allotted 30 percent of 
     such remaining amount. Grants may be made under this 
     paragraph to educational service agencies and consortia of 
     not more than 5 local educational agencies in any case in 
     which the total enrollment of the largest such local 
     educational agency is less than 20,000 elementary and 
     secondary students. Such agencies and consortia may also 
     apply in conjunction with the State educational agency. Not 
     less than 20 percent of funds available under this paragraph 
     shall be awarded to local educational agencies administering 
     schools with a total enrollment of less than 2,000 elementary 
     and secondary school students.
       ``(4) Community-based organizations shall be allotted 5 
     percent of such remaining amount. Grants under this category 
     shall be made after consultation between the community-based 
     organization and the local educational agency that is to 
     benefit from such a grant.
       ``(b) Special Consideration.--
       ``(1) In general.--The Secretary shall give special 
     consideration to awarding funds available for each category 
     described in paragraphs (1), (2), and (3) of subsection (a) 
     to local educational agencies participating in an educational 
     partnership.
       ``(2) Educational partnerships.--Educational partnerships 
     under this subsection shall include--
       ``(A) a local educational agency; and
       ``(B) a business concern or business organization, 
     community-based organization, nonprofit private organization, 
     institution of higher education, State educational agency, 
     State or local public agency, private industry council 
     (established under the Job Training Partnership Act), museum, 
     library, or educational television or broadcasting station.
       ``(c) Award of Grant.--From the amount allotted for any 
     fiscal year to a category of local educational agencies under 
     subsection (a), the Secretary shall award as many grants as 
     practicable within each such category to local educational 
     agencies and educational partnerships whose applications have 
     been approved by the Secretary for such fiscal year under 
     section 5204 and whose applications propose a program of 
     sufficient size, scope, and quality to be effective. Any 
     local educational agency, educational partnership, or 
     community-based organization that has received a grant under 
     this part shall be eligible for additional funds subject to 
     the requirements under this part. The grants shall be made 
     under such terms and conditions as the Secretary shall 
     prescribe consistent with the provisions of this part.
       ``(d) Use of Funds When Not Fully Allotted to Categories 
     Under Subsection (a).--
       ``(1) In general.--Whenever the Secretary determines that 
     the full amount of the sums allotted under any category set 
     forth under subsection (a) will not be required for 
     applications of the local educational agencies in the case of 
     categories described in paragraphs (1) through (3) of 
     subsection (a), the Secretary shall make the amount not so 
     required available to another category under subsection (a). 
     In carrying out the provisions of this subsection, the 
     Secretary shall assure that the transfer of amounts from one 
     category to another is made to a category in which there is 
     the greatest need for funds.
       ``(2) Peer review.--In order to transfer funds under this 
     subsection, the Secretary shall use a peer review process to 
     determine that such excess funds are not needed to fund 
     projects in particular categories and shall prepare a list of 
     the categories in which funds were not fully expended and the 
     reasons therefor, and make such list available to local 
     educational agencies and educational partnerships, upon 
     request. The Secretary may use the peer review process to 
     determine grant recipients of funds transferred in accordance 
     with this subsection.
       ``(e) Federal Share.--
       ``(1) Federal share.--The Federal share of a grant under 
     this part may not exceed--
       ``(A) 90 percent of the total cost of a project for the 
     first year for which the project receives assistance under 
     this part; and
       ``(B) 75 percent of such cost in each such succeeding 
     fiscal year.
       ``(2) Remaining costs.--The remaining cost of a project 
     that receives assistance under this part may be paid from any 
     source other than funds made available under this part, 
     except that not more than 10 percent of the remaining cost in 
     any fiscal year may be provided from Federal sources other 
     than this part.
       ``(3) Non-federal share.--The share of payments from 
     sources other than funds made available under this part may 
     be in cash or in kind fairly evaluated, including plant, 
     equipment or services.

     ``SEC. 5204. APPLICATION.

       ``(a) Application Required.--
       ``(1) In general.--A grant under this part may be made only 
     to a local educational agency or an educational partnership 
     which submits an application to the Secretary containing such 
     information as may be required by the Secretary by 
     regulation.
       ``(2) Duration.--Each such application shall be for a 3-
     year period.
       ``(b) Contents.--Each such application shall--
       ``(1) provide documentation of--
       ``(A) the number of children who were enrolled in the 
     schools of the applicant for the 5 academic years prior to 
     the date application is made who have not completed their 
     elementary or secondary education and who are classified as 
     school dropouts; and
       ``(B) the percentage that such number of children is of the 
     total school-age population in the applicant's schools;
       ``(2) include a plan for the development and implementation 
     of a school dropout information collection and reporting 
     system for documenting the extent and nature of the dropout 
     problem, which system shall collect and cross tabulate data, 
     where feasible, by sex according to race or ethnicity and 
     socioeconomic status;
       ``(3) include a plan for coordinated activities involving 
     at least 1 secondary school and its feeder junior high or 
     middle schools and elementary schools for local educational 
     agencies that have feeder systems;
       ``(4) when applicable, describe how programs assisted under 
     this part will be coordinated with, and not duplicate, 
     programs assisted under title I;
       ``(5) include a description of how the program assisted 
     under this part is consistent with the second National 
     Education Goal and other Federal programs as appropriate; and
       ``(6) contain such other information as the Secretary 
     considers necessary to determine the nature of the local 
     needs, the quality of the proposed project, and the 
     capability of the applicant to carry out the project.
       ``(c) Priority.--The Secretary shall, in approving 
     applications under this section, give priority to 
     applications which both show the replication of successful 
     programs conducted in other local educational agencies or the 
     expansion of successful programs within a local educational 
     agency and reflect very high numbers or very high percentages 
     of school dropouts in the schools of the applicant in each 
     category described in section 5203(a).
       ``(d) Special Consideration.--The Secretary shall give 
     additional special consideration to applications that 
     include--
       ``(1) provisions which emphasize early intervention 
     services designed to identify at-risk students in elementary 
     or early secondary schools; and
       ``(2) provisions for significant parental involvement.
       ``(e) Grants for New Grantees.--In awarding grants under 
     this part the Secretary shall utilize only those priorities 
     and special considerations described in subsections (c) and 
     (d).

     ``SEC. 5205. AUTHORIZED ACTIVITIES.

       ``Grants under this part shall be used to carry out plans 
     set forth in applications approved under section 5204. In 
     addition, grants may be used for educational, occupational, 
     and basic skills testing services and activities, including, 
     but not limited to--
       ``(1) the establishment of systemwide or school-level 
     policies, procedures, and plans for dropout prevention and 
     school reentry;
       ``(2) the development and implementation of activities, 
     including extended day or summer programs, designed to 
     address poor achievement, basic skills deficiencies, language 
     deficiencies, or course failures, in order to assist students 
     at risk of dropping out of school and students reentering 
     school;
       ``(3) the establishment or expansion of work-study, 
     apprentice, or internship programs;
       ``(4) the use of resources of the community, including 
     contracting with public or private entities or community-
     based organizations of demonstrated performance, to provide 
     services to the grant recipient or the target population;
       ``(5) the evaluation and revision of program placement of 
     students at risk;
       ``(6) the evaluation of program effectiveness of dropout 
     programs;
       ``(7) the development and implementation of programs for 
     traditionally underserved groups of students;
       ``(8) the implementation of activities which will improve 
     student motivation and the school learning environment;
       ``(9) the provision of training for school personnel on 
     strategies and techniques designed to--
       ``(A) identify children at risk of dropping out;
       ``(B) intervene in the instructional program with support 
     and remedial services;
       ``(C) develop realistic expectations for student 
     performance; and
       ``(D) improve student-staff interactions;
       ``(10) the study of the relationship between drugs and 
     dropouts and between youth gangs and dropouts, and the 
     coordination of dropout prevention and reentry programs with 
     appropriate drug prevention and community organizations for 
     the prevention of youth gangs;
       ``(11) the study of the relationship between disabling 
     conditions and student dropouts;
       ``(12) the study of the relationship between the dropout 
     rate for gifted and talented students compared to the dropout 
     rate for the general student enrollment;
       ``(13) the use of educational telecommunications and 
     broadcasting technologies and educational materials designed 
     to extend, motivate, and reinforce school, community, and 
     home dropout prevention and reentry activities;
       ``(14) the development and implementation of efforts to 
     identify and address factors in a student's decision to drop 
     out of school that are related to gender and family roles;
       ``(15) the provision of other educational, occupational and 
     testing services and activities which directly relate to the 
     purpose of this part;
       ``(16) activities which offer jobs and college admissions 
     for successful completion of the program for which assistance 
     is sought;
       ``(17) summer employment programs;
       ``(18) occupational training programs;
       ``(19) career opportunity and skills counseling;
       ``(20) job placement services;
       ``(21) the development of skill employment competency 
     testing programs;
       ``(22) special school staff training projects; and
       ``(23) mentoring programs.

     ``SEC. 5206. DISTRIBUTION OF ASSISTANCE; LIMITATION ON COSTS.

       ``(a) Distribution of Assistance.--The Secretary shall 
     ensure that, to the extent practicable, in approving grant 
     applications under this part--
       ``(1) grants are equitably distributed on a geographic 
     basis within each category set forth in section 5203(a);
       ``(2) the amount of a grant to a local educational agency 
     for a fiscal year is proportionate to the extent and severity 
     of the local school dropout problem;
       ``(3) not less than 30 percent of the amount available for 
     grants in each fiscal year is used for activities relating to 
     school dropout prevention; and
       ``(4) not less than 30 percent of the amount available for 
     grants in each fiscal year is used for activities relating to 
     persuading school dropouts to return to school and assisting 
     former school dropouts with specialized services once school 
     dropouts return to school.
       ``(b) Administrative Costs.--Not more than 5 percent of any 
     grant made under this part may be used for administrative 
     costs.

     ``SEC. 5207. REPORTS.

       ``(a) Annual Reports.--The Secretary shall submit to the 
     Congress a report by January 1 of each year, beginning on 
     January 1, 1995, which sets forth the progress of the 
     Commissioner of Education Statistics, established under 
     section 14003(b), to implement a definition and data 
     collection process for school dropouts in elementary and 
     secondary schools, including statistical information for the 
     number and percentage of elementary and secondary school 
     students by race and ethnic origin who drop out of school 
     each year including dropouts--
       ``(1) throughout the Nation by rural and urban location as 
     defined by the Secretary; and
       ``(2) in each of the individual States and the District of 
     Columbia.
       ``(b) Recommendations.--The report under subsection (a) 
     shall also contain recommendations on ways in which the 
     Federal Government, States and localities can further support 
     the implementation of an effective methodology to accurately 
     measure dropout and retention rates on the national, State, 
     and local levels.

     ``SEC. 5208. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $50,000,000 for 
     fiscal year 1995, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years, to carry out this part.
       ``TITLE VII--LANGUAGE ENHANCEMENT AND ACQUISITION PROGRAMS

                 ``PART A--BILINGUAL EDUCATION PROGRAMS

     ``SEC. 7101. SHORT TITLE.

       ``This part may be cited as the `Bilingual Education Act'.

     ``SEC. 7102. FINDINGS.

       ``The Congress finds that--
       ``(1) there are large and growing numbers of children and 
     youth of limited-English proficiency, many of whom have a 
     cultural heritage that differs from that of their English 
     proficient peers;
       ``(2) limited-English proficient children and youth face a 
     number of challenges in receiving an education that will 
     enable such children and youth to participate fully in 
     American society, including--
       ``(A) segregated education programs;
       ``(B) disproportionate and improper placement in special 
     education and other special programs due to the use of 
     inappropriate evaluation procedures;
       ``(C) the limited-English proficiency of their own parents, 
     which hinders the parents' ability to fully participate in 
     the education of their children; and
       ``(D) a shortage of teachers and other staff who are 
     professionally trained and qualified to serve such children 
     and youth;
       ``(3) the Federal Government, as exemplified by title VI of 
     the Civil Rights Act of 1964 and section 204(f) of the Equal 
     Education Opportunities Act of 1974, has a special and 
     continuing obligation to ensure that States and local school 
     districts take appropriate action to provide equal 
     educational opportunities to children and youth of limited-
     English proficiency;
       ``(4) the Federal Government also, as exemplified by the 
     Federal Government's efforts under this title, has a special 
     and continuing obligation to assist States and local school 
     districts in developing the capacity to provide programs of 
     instruction that offer limited-English proficient children 
     and youth an equal educational opportunity;
       ``(5) in carrying out the Federal Government's 
     responsibilities with respect to ensuring equal educational 
     opportunity for children and youth of limited-English 
     proficiency, the Federal Government has learned that--
       ``(A) large numbers of such children and youth have needs 
     that must be met by a program of instruction designed 
     specifically for such children and youth;
       ``(B) a primary purpose of such programs must be developing 
     the English language skills of such children and youth;
       ``(C) the use of a child or youth's native language and 
     culture in classroom instruction can--
       ``(i) promote self-esteem and contribute to academic 
     achievement and learning English by limited-English 
     proficient children and youth;
       ``(ii) benefit English proficient children and youth who 
     also participate in such programs; and
       ``(iii) develop our Nation's national language resources, 
     thus promoting our Nation's competitiveness in the global 
     economy;
       ``(D) parent and community participation in bilingual 
     education programs contributes to program effectiveness; and
       ``(E) research, evaluation, and data-collection 
     capabilities in the field of bilingual education need to be 
     strengthened so that educators and other staff can better 
     identify and promote those programs, program implementation 
     strategies, and instructional practices that result in 
     effective education; and
       ``(6) Native Americans and Native American languages (as 
     such terms are defined in section 103 of the Native American 
     Languages Act) have a unique status under Federal law that 
     requires special policies within the broad purposes of this 
     Act to serve the education needs of language minority 
     students in the United States.

     ``SEC. 7103. POLICY; AUTHORIZATION OF APPROPRIATIONS.

       ``(a) 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 and consortia of local educational agencies, 
     institutions of higher education and community based 
     organizations to build their capacity to establish, 
     implement, and sustain programs of instruction for children 
     and youth of limited-English proficiency that--
       ``(1) develop the English of such children and youth and, 
     to the extent possible, the native language skills of such 
     children and youth;
       ``(2) educate such children and youth to meet the same 
     rigorous standards for academic performance expected of all 
     children and youth, including meeting challenging State 
     content standards and challenging State student performance 
     standards in academic areas;
       ``(3) develop bilingual skills and multicultural 
     understanding; and
       ``(4) provide similar assistance to Native Americans with 
     certain modifications relative to the unique status of Native 
     American languages under Federal law.
       ``(b) Authorization of Appropriations.--For the purpose of 
     carrying out this part, there are authorized to be 
     appropriated $215,000,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the 4 succeeding fiscal 
     years.

     ``SEC. 7104. DEFINITIONS.

       ``For the purpose of this title:
       ``(1) Bilingual education program.--(A) The term `bilingual 
     education program'--
       ``(i) means a program of instruction designed specifically 
     for children and youth of limited-English proficiency at any 
     grade level, including the preschool, elementary, or 
     secondary school levels, that is intended--
       ``(I) to help such children and youth develop proficiency 
     in English and, to the extent possible, the native language 
     of such children and youth; and
       ``(II) to achieve to high academic standards in all courses 
     of study; and
       ``(ii) may include activities to assist the parents of such 
     children and youth enrolled in bilingual education programs 
     to participate in the education of their children.
       ``(B)(i) A bilingual education program may be conducted in 
     English, the native language, or both languages, except that 
     all bilingual education programs shall develop proficiency in 
     the English language. The native language may be used in the 
     instructional program to facilitate the acquisition of 
     English, to develop overall linguistic competence, and to 
     develop competence in the academic curriculum.
       ``(ii) A bilingual education program shall, to the extent 
     possible, incorporate the cultural heritage of the children 
     or youth of limited-English proficiency served by the 
     program, as well as the cultural heritage of other children 
     in American society.
       ``(C) Children and youth proficient in English may 
     participate in a bilingual education program to enable all 
     children and youth participating in a bilingual education 
     program to become proficient in English and a second 
     language.
       ``(2) Children and youth.--The term `children and youth' 
     means individuals aged three through 21.
       ``(3) Director.--The term `Director' means the Director of 
     the Office of Bilingual Education and Minority Languages 
     Affairs established under section 210 of the Department of 
     Education Organization Act.
       ``(4) Jurisdiction where a native american language has 
     official status.--The term `jurisdiction where a Native 
     American language has official status' refers to States, 
     territories, commonwealths, cities, counties, reservations, 
     Alaska Native villages, school districts, and other 
     jurisdictions similar to those described in this paragraph 
     that have legally recognized a Native American language for 
     conducting an aspect of their official business.
       ``(5) Limited-english proficiency and limited-english 
     proficient.--The terms `limited-English proficiency' and 
     `limited-English proficient', when used with reference to an 
     individual, mean an individual--
       ``(A) who--
       ``(i) was not born in the United States or whose native 
     language is a language other than English and comes from an 
     environment where a language other than English is dominant; 
     or
       ``(ii) is a Native American or Alaska Native and comes from 
     an environment where a language other than English has had a 
     significant impact on such individual's level of English 
     language proficiency; or
       ``(iii) is migratory and whose native language is other 
     than English and comes from an environment where a language 
     other than English is dominant; and
       ``(B) who, by reason thereof, has sufficient difficulty 
     speaking, reading, writing, or understanding the English 
     language to deny such individual the opportunity to learn 
     successfully in classrooms where the language of instruction 
     is English or to participate fully in our society.
       ``(6) Native american and native american language.--The 
     terms `Native American' and `Native American language' shall 
     have the same meaning given such terms in section 103 of the 
     Native American Languages Act of 1990.
       ``(7) Native hawaiian or native american pacific islander 
     native language educational organization.--The term `Native 
     Hawaiian or Native American Pacific Islander native language 
     educational organization' means a nonprofit organization with 
     a majority of its governing board and employees consisting of 
     fluent speakers of the traditional Native American languages 
     used in their educational programs and with at least five 
     years successful experience in providing educational services 
     in traditional Native American languages.
       ``(8) Native language.--The term `native language', when 
     used with reference to an individual of limited-English 
     proficiency, means the language normally used by such 
     individual, or in the case of a child or youth, the language 
     normally used by the parents of the child or youth.
       ``(9) Other programs for persons of limited-english 
     proficiency.--The term `other programs for persons of 
     limited-English proficiency' means any programs administered 
     by the Secretary that directly involve bilingual education 
     activities serving persons of limited-English proficiency.

     ``SEC. 7105. NATIVE AMERICAN AND ALASKA NATIVE CHILDREN IN 
                   SCHOOL.

       ``(a) Eligible Entities.--For the purpose of carrying out 
     programs under this part for individuals served by elementary 
     and secondary schools operated predominately for Native 
     American or Alaska Native children and youth, an Indian 
     tribe, a tribally sanctioned educational authority, a Native 
     Hawaiian or Native American Pacific Islander native language 
     education organization, 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 part, subject to the following 
     qualifications:
       ``(1) Indian tribe.--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) Tribally sanctioned educational authority.--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; and
       ``(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) Eligible Entity Application.--Notwithstanding any 
     other provision of this part, each eligible entity described 
     in subsection (a) shall submit any application for assistance 
     under this part directly to the Secretary along with timely 
     comments on the need for the proposed program.

       ``Subpart 1--Financial Assistance for Bilingual Education

     ``SEC. 7111. FINANCIAL ASSISTANCE FOR BILINGUAL EDUCATION.

       ``(a) Purpose.--The purpose of this subpart is to assist 
     local educational agencies, through the grants authorized by 
     subsections (b), (c), and (d), to--
       ``(1) develop and enhance their capacity to provide high-
     quality instruction to children and youth of limited-English 
     proficiency; and
       ``(2) to help such children and youth--
       ``(A) develop proficiency in English, and to the extent 
     possible, their native language; and
       ``(B) meet the same challenging State content standards and 
     challenging State student performance standards expected for 
     all children and youth as required by section 1111(b).
       ``(b) Development and Enhancement Grants.--
       ``(1) In general.--The Secretary is authorized to make 
     grants to local educational agencies, or community based 
     organizations in consortia with one or more local educational 
     agencies and an institution of higher education, to--
       ``(A) develop new bilingual education programs;
       ``(B) enhance or expand existing bilingual education 
     programs to meet new conditions, such as the need to serve 
     additional language groups or different age or grade levels; 
     and
       ``(C) meet the short-term needs of local educational 
     agencies without bilingual education programs to serve 
     children and youth of limited-English proficiency.
       ``(2) Duration.--Grants awarded under this subsection shall 
     be for a period of not more than 2 years, except that grants 
     to carry out paragraph (1)(A) shall be awarded for a period 
     of not more than 3 years.
       ``(c) Comprehensive School Grants.--
       ``(1) In general.--The Secretary is authorized to make 
     grants to local educational agencies for the purpose of 
     implementing schoolwide bilingual education programs that 
     serve all (or virtually all) children and youth of limited-
     English proficiency in schools with significant 
     concentrations of such children and youth.
       ``(2) Duration.--Grants awarded under this subsection shall 
     be for a period of not more than 5 years, except that the 
     Secretary shall terminate grants to local educational 
     agencies if the Secretary determines that--
       ``(A) the program evaluation required by section 7126 
     indicates that students in the schoolwide program are not 
     being taught to and achieving challenging State content 
     standards and challenging State student performance 
     standards; or
       ``(B) in the case of a program to promote dual language 
     facility, such program is not promoting such facility.
       ``(d) Comprehensive District Grants.--
       ``(1) In general.--The Secretary is authorized to make 
     grants to local educational agencies for the purpose of 
     implementing district-wide bilingual education programs that 
     serve a significant number of children and youth of limited-
     English proficiency in districts with significant 
     concentrations of such children and youth.
       ``(2) Duration.--Grants awarded under this subsection shall 
     be for a period of not more than 5 years, except that the 
     Secretary shall terminate grants to local educational 
     agencies where the Secretary determines that--
       ``(A) the program evaluation required by section 7126 
     indicates that students in the program are not being taught 
     to and achieving challenging State content standards and 
     challenging State student performance standards; or
       ``(B) in the case of a program to promote dual language 
     facility, such program is not promoting such facility.
       ``(e) Use of Funds.--
       ``(1) In general.--Recipients of grant funds under 
     subsections (b), (c), and (d) may use such funds for--
       ``(A) identification and acquisition of curricular 
     materials, educational software, and technologies to advance 
     the education of children and youth of limited-English 
     proficiency;
       ``(B) parent outreach and training activities designed to 
     assist parents to become active participants in the education 
     of their children;
       ``(C) salaries of personnel, including teacher aides who 
     have been specifically trained, or are being trained, to 
     provide services to children and youth of limited-English 
     proficiency;
       ``(D) tutorials and academic or career counseling for 
     children and youth of limited-English proficiency; and
       ``(E) such other activities, related to the purposes of 
     this part, as the Secretary may approve.
       ``(2) Additional activities.--Recipients of funds under 
     subsections (c) and (d) may--
       ``(A) use such funds for preservice and inservice 
     professional development of staff participating, or preparing 
     to participate, in the program, including staff who will not 
     directly participate in the bilingual instructional program 
     (which in the case of teachers who are participating in the 
     program may include release time with pay), if such 
     activities are directly related to serving children and youth 
     of limited-English proficiency and will help accomplish the 
     purposes of this subpart; and
       ``(B) during the first 12 months of such a grant, engage 
     exclusively in activities preparatory to the delivery of 
     services, which may include program design, the development 
     of materials and procedures, and activities to involve 
     parents in the educational program and to enable parents and 
     family members to assist in the education of children and 
     youth of limited-English proficiency.
       ``(f) Geographic Distribution of Funds.--To the extent 
     possible, the Secretary shall award grants under this section 
     throughout the Nation in a manner that--
       ``(1) reflects the geographic distribution of children and 
     youth of limited-English proficiency throughout the Nation;
       ``(2) takes into account significant increases in limited-
     English proficient children and youth in areas with low 
     concentrations of such children and youth; and
       ``(3) ensures that activities assisted under this part 
     address the full needs of school systems of all sizes and 
     geographic areas, including rural schools.
       ``(g) Construction.--Nothing in this subpart shall be 
     construed to prohibit a local educational agency from serving 
     limited-English proficient children and youth simultaneously 
     with students with similar educational needs, in the same 
     educational settings where appropriate.
       ``(h) Applications.--
       ``(1) In general.--Any local educational agency or 
     community based organization that desires a grant under this 
     section shall submit, through its State educational agency, 
     an application to the Secretary, in such form, at such time, 
     and containing such information and assurances as the 
     Secretary may require.
       ``(2) Contents.--Each such application shall--
       ``(A) describe--
       ``(i) the need for the proposed program, including data on 
     the number of the children and youth of limited-English 
     proficiency in the school or district to be served and the 
     characteristics of such children and youth, such as language 
     spoken, dropout rates, proficiency in English and the native 
     language, academic standing in relation to English proficient 
     peers, and, where applicable, the recency of immigration; and
       ``(ii) the program to be implemented and how such program's 
     design--

       ``(I) relates to the linguistic and academic needs of the 
     children and youth of limited-English proficiency to be 
     served; and

       ``(II) is consistent with, and promotes the goals in, the 
     local educational agency's improvement plan under section 
     1112, particularly as such plan relates to the education of 
     children and youth of limited-English proficiency; and

       ``(B) provide an assurance that the applicant will not 
     reduce the level of State and local funds that the applicant 
     expends for bilingual education programs if the applicant 
     receives an award under this subpart.
       ``(3) Additional information.--Each application for a grant 
     under subsection (c) or (d) shall--
       ``(A) describe--
       ``(i) current services the applicant provides to children 
     and youth of limited-English proficiency;
       ``(ii) what services children and youth of limited-English 
     proficiency will receive under the grant that such children 
     or youth will not otherwise receive;
       ``(iii) how funds received under this subpart will be 
     integrated with all other Federal, State, local, and private 
     resources that may be used to serve children and youth of 
     limited-English proficiency; and
       ``(iv) specific achievement and school retention goals for 
     the children and youth to be served by the proposed program 
     and how progress toward achieving such goals will be 
     measured; and
       ``(B) provide assurances that--
       ``(i) the program funded will be integrated with the 
     overall educational program; and
       ``(ii) the application has been developed in consultation 
     with an advisory council, the majority of whose members are 
     parents and other representatives of the children and youth 
     to be served in such programs.
       ``(i) Limitation on Funding.--
       ``(1) Development and enhancement grants.--Not more than 25 
     percent of the total amount of funds that the Secretary 
     awards under subsection (b) for any fiscal year shall be used 
     to provide funding to bilingual education programs that do 
     not use the native language.
       ``(2) Comprehensive school grants.--Not more than 25 
     percent of the total amount of funds that the Secretary 
     awards under subsection (c) for any fiscal year shall be used 
     to provide funding to bilingual education programs that do 
     not use the native language.
       ``(3) Special rule.--Notwithstanding paragraphs (1) and 
     (2), the Secretary is authorized to award grants for 
     bilingual education programs that are not conducted in the 
     native language if an applicant has demonstrated that the 
     applicant cannot develop and implement a bilingual education 
     program that is conducted in the native language because--
       ``(A) the diversity of limited-English proficient students' 
     native languages and the small number of students speaking 
     each respective language make instruction in the native 
     language impractical; or
       ``(B) despite documented efforts, the applicant has not 
     been able to hire instructional personnel who are able to 
     communicate in the students' native language.
       ``(j) State Review of Applications Under Part A.--In order 
     for an eligible applicant to apply for funds under this 
     subpart, such applicant shall submit the application to the 
     State educational agency for review. The State educational 
     agency shall transmit such application to the Secretary along 
     with such agency's timely comments on the need within the 
     State for the proposed program and whether the proposed 
     program is consistent with the State plan under section 1111.
       ``(k) Capacity Building.--
       ``(1) In general.--Each recipient of a grant under this 
     section shall use the grant funds in ways that will build 
     such recipient's capacity to continue to offer high quality 
     bilingual education programs and services to children and 
     youth of limited-English proficiency once Federal assistance 
     is reduced or eliminated.
       ``(2) Special rule.--In making awards under this subpart 
     for any fiscal year, the Secretary shall, consistent with the 
     quality of applications and the funds available under this 
     part, increase the amount of funds used to support grants 
     under subsections (c) and (d) over the amount used to support 
     grants under subsections (c) and (d) in the previous fiscal 
     year.
       ``(l) Consortia.--A local educational agency that receives 
     a grant under this subpart may collaborate or form a 
     consortium with one or more local education agencies, 
     institutions of higher education, and nonprofit organizations 
     to carry out a program described in an application approved 
     under this subpart.
       ``(m) Subgrants.--A local educational agency that receives 
     a grant under this subpart may, with the approval of the 
     Secretary, make a subgrant to, or enter into a contract with, 
     an institution of higher education, a nonprofit organization, 
     or a consortium of such entities to carry out a program 
     described in an application approved under this subpart, 
     including a program to serve out-of-school youth.
       ``(n) Parental Notification.--
       ``(1) In general.--Parents of a child or youth of limited-
     English proficiency identified for enrollment in bilingual 
     education programs shall be informed of the--
       ``(A) benefits and nature of the bilingual educational 
     program and of the instructional alternatives; and
       ``(B) reasons for the selection of their child as being in 
     need of bilingual education.
       ``(2) Option to decline.--(A) Parents of a child or youth 
     of limited-English proficiency identified for enrollment in 
     bilingual education programs shall be informed that such 
     parents have the option of declining enrollment of their 
     children in such programs and shall be given an opportunity 
     to do so if such parents so choose.
       ``(B) Nothing in this section shall be construed to relieve 
     a local educational agency, community based organization or 
     consortium receiving assistance under this part 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.
       ``(3) Information.--Parents of a child or youth of limited-
     English proficiency identified for enrollment in bilingual 
     education programs shall receive, in a manner and form 
     understandable to such parents, including, if necessary and 
     to the extent feasible, in the native language of such 
     parents, the information required by this subsection. At a 
     minimum, such parents shall receive--
       ``(A) timely information about projects funded under this 
     subpart; 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.
       ``(o) Programs for Native Americans and Puerto Rico.--
     Programs authorized under this title that serve Native 
     American children, and children in the Commonwealth of Puerto 
     Rico, notwithstanding any other provision of this title, may 
     include programs of instruction, teacher training, curriculum 
     development, evaluation, and testing designed for Native 
     American children and youth learning and studying Native 
     American languages and children and youth of limited-Spanish 
     proficiency, except that one outcome of such programs serving 
     Native American children shall be increased English 
     proficiency among such children.

                  ``Subpart 2--Research and Evaluation

     ``SEC. 7121. AUTHORITY.

       ``The Secretary is authorized to conduct data collection, 
     dissemination, research, and evaluation activities for the 
     purpose of improving bilingual education programs for 
     children and youth of limited-English proficiency.

     ``SEC. 7122. RESEARCH.

       ``(a) Awards.--The Secretary may award grants and enter 
     into contracts and cooperative agreements for research and 
     evaluation activities related to improving and maintaining 
     high quality bilingual educational programs for persons of 
     limited-English proficiency.
       ``(b) 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.
       ``(c) Research and Dissemination.--The Secretary, through 
     the Office of Educational Research and Improvement, if 
     appropriate, shall--
       ``(1) conduct research on effective instruction practices 
     for multilingual classes, and on effective instruction 
     strategies to be used by teachers and other staff who do not 
     know the native language of a limited-English proficient 
     child in their classrooms; and
       ``(2) disseminate the findings of such research.

     ``SEC. 7123. ACADEMIC EXCELLENCE AWARDS.

       ``(a) Awards.--The Secretary may award 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 programs that 
     demonstrate great promise of assisting children and youth of 
     limited-English proficiency to meet challenging State content 
     standards and challenging State student performance 
     standards.
       ``(b) Applications.--
       ``(1) In general.--Each entity desiring 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) Peer review.--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 the activities assisted under this section 
     with activities carried out by comprehensive regional centers 
     assisted under subpart 1 of part C of title II.

     ``SEC. 7124. 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 such 
     agency 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 exceed 5 percent of the 
     total amount awarded to local educational agencies within the 
     State under subpart 1 for the previous fiscal year, except 
     that in no case shall the amount paid by the Secretary to any 
     State educational agency under this subsection for any fiscal 
     year be less than $100,000.
       ``(c) Use of Funds.--
       ``(1) In general.--A State educational agency may 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;
       ``(B) operate a bilingual education advisory panel under 
     subsection (d); and
       ``(C) collect data concerning children and youth of 
     limited-English proficiency.
       ``(2) Special rule.--Recipients of awards under this 
     section shall not restrict the provision of services under 
     this section to federally funded programs.
       ``(d) State Bilingual Education Advisory Panel.--Each State 
     educational agency that receives funds under this section 
     shall appoint a broad-based bilingual education advisory 
     panel, with substantial representation from persons 
     knowledgeable about the education of limited-English 
     proficient students, to develop and recommend to the State 
     educational agency guidelines for reviewing, and providing 
     the Secretary with comments regarding, applications for funds 
     under subparts 1 and 3 that come from within the State.
       ``(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.

     ``SEC. 7125. 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) coordinate its activities with Federal data and 
     information clearinghouses and dissemination networks and 
     systems; and
       ``(2) develop a data base management and monitoring system 
     for improving the operation and effectiveness of programs 
     assisted under this part.

     ``SEC. 7126. EVALUATIONS.

       ``(a) Program Evaluations Under Subpart 1.--
       ``(1) In general.--Each recipient of funds under subpart 1 
     shall provide the Secretary with an evaluation, in the form 
     prescribed by the Secretary, of the program assisted under 
     such subpart every 2 years.
       ``(2) Use.--Such evaluation shall be used by a recipient of 
     funds under subpart 1--
       ``(A) to improve such program;
       ``(B) to further define such program's goals and 
     objectives; and
       ``(C) to determine program effectiveness.
       ``(3) Contents.--Such evaluation shall include--
       ``(A) student outcome indicators that measure progress 
     toward the challenging State student performance standards 
     set out in the State plan approved or being developed under 
     section 1111, including data comparing children and youth of 
     limited-English proficiency with nonlimited-English 
     proficient children and youth with regard to school 
     retention, academic achievement, and gains in English (and, 
     where applicable, native language) proficiency;
       ``(B) 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 
     professional development of the program staff, and 
     appropriateness of the language of instruction;
       ``(C) 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
       ``(D) such other information as the Secretary may require.
       ``(b) Program Evaluations Under Subpart 3.--
       ``(1) In general.--Each recipient of funds under subpart 3 
     shall provide the Secretary with an evaluation of the program 
     assisted under such subpart every 2 years.
       ``(2) Data.--Such evaluation shall include data on--
       ``(A) post-program placement of persons trained;
       ``(B) how the training relates to the employment of persons 
     served by the program;
       ``(C) program completion; and
       ``(D) such other information as the Secretary may require.

                 ``Subpart 3--Professional Development

     ``SEC. 7131. PURPOSE.

       ``The purpose of this subpart is to improve the quality of 
     instruction for children and youth of limited-English 
     proficiency--
       ``(1) through professional development programs designed--
       ``(A) for persons preparing to provide services for 
     children and youth of limited-English proficiency;
       ``(B) to improve the skills of persons providing services 
     to children and youth of limited-English proficiency; and
       ``(C) for other staff in schools serving children and youth 
     of limited-English proficiency; and
       ``(2) by disseminating information on appropriate 
     instructional practices and activities for children and youth 
     of limited-English proficiency to other school personnel, 
     including teachers not serving such children and youth.

     ``SEC. 7132. PROFESSIONAL DEVELOPMENT GRANTS.

       ``(a) Grants to Institutions of Higher Education.--The 
     Secretary is authorized to make grants to institutions of 
     higher education for--
       ``(1) preservice and inservice professional development for 
     individuals who are either involved in, or preparing to be 
     involved in, the provision of educational services for 
     children and youth of limited-English proficiency, which in 
     the case of teachers who are involved in the provision of 
     such services may include release time with pay; and
       ``(2) national professional development institutes that 
     assist schools or departments of education in institutions of 
     higher education to improve the quality of professional 
     development programs for personnel serving, preparing to 
     serve, or who may serve, children and youth of limited-
     English proficiency.
       ``(b) Grants to State and Local Educational Agencies.--The 
     Secretary may make grants to State and local educational 
     agencies for inservice professional development programs that 
     prepare school personnel to provide effective services to 
     limited-English proficient students.
       ``(c) Use of Funds for Second Language Competence.--Awards 
     under this section may be used to develop a program 
     participant's competence in a second language.
       ``(d) Applications.--
       ``(1) In general.--An institution of higher education, or a 
     State or local educational agency desiring to receive an 
     award under this section shall submit, through its State 
     educational agency, an application to the Secretary, in such 
     form, at such time, and containing such information and 
     assurances as the Secretary may require.
       ``(2) Consultation and assessment.--Each such application 
     shall contain a description of how the applicant has 
     consulted with, and assessed the needs of, public and private 
     schools serving children and youth of limited-English 
     proficiency to determine such school's need for, and the 
     design of, the program for which funds are sought.
       ``(3) Special rule.--(A) An application for a grant under 
     subsection (a) from an applicant who proposes to conduct a 
     masters or doctoral-level program with funds received under 
     this section shall provide an assurance that such program 
     will include, as a part of the program, a training practicum 
     in a local school program serving children and youth of 
     limited-English proficiency.
       ``(B) A recipient of a grant under subsection (a) may waive 
     the requirement of a training practicum for a degree 
     candidate with significant experience in a local school 
     program serving children and youth of limited-English 
     proficiency.
       ``(4) Review.--In order for an institution of higher 
     education or a local educational agency to apply for funds 
     under this section, the State educational agency serving such 
     institution shall review the application and provide the 
     Secretary with timely comments on the need within the State 
     for the proposed program and whether the proposed program is 
     consistent with the State plan under section 1111 and section 
     2125(b)(1).

     ``SEC. 7133. FELLOWSHIPS.

       ``(a) Academic Fellowships.--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.
       ``(b) Repayment.--
       ``(1) In general.--Any person receiving a fellowship under 
     this section shall agree to--
       ``(A) work in an activity related to the area for which the 
     assistance was awarded or in an activity such as those 
     authorized under this part for a period of time equivalent to 
     the period of time during which such person receives 
     assistance under this section; or
       ``(B) repay such assistance.
       ``(2) Terms and conditions.--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.

     ``SEC. 7134. 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 subpart.

             ``PART B--FOREIGN LANGUAGE ASSISTANCE PROGRAM

     ``SEC. 7201. SHORT TITLE.

       ``This part may be cited as the `Foreign Language 
     Assistance Act of 1994'.

     ``SEC. 7202. FINDINGS.

       ``The Congress finds as follows:
       ``(1) Foreign language proficiency is crucial to our 
     Nation's economic competitiveness and national security. 
     Significant improvement in the quantity and quality of 
     foreign language instruction offered in our Nation's 
     elementary and secondary schools is necessary.
       ``(2) All Americans need a global perspective. To 
     understand the world around us, we must acquaint ourselves 
     with the languages, cultures, and history of other nations.
       ``(3) Proficiency in two or more languages should be 
     promoted for all American students. Multilingualism enhances 
     cognitive and social growth, competitiveness in the global 
     marketplace, national security, and understanding of diverse 
     people and cultures.
       ``(4) The United States lags behind other developed 
     countries in offering foreign language study to elementary 
     and secondary school students.
       ``(5) Four out of five new jobs in the United States are 
     created from foreign trade.
       ``(6) The optimum time to begin learning a second language 
     is in elementary school, when children have the ability to 
     learn and excel in several foreign language acquisition 
     skills, including pronunciation, and when children are most 
     open to appreciating and valuing a culture other than their 
     own.
       ``(7) Foreign language study can increase children's 
     capacity for critical and creative thinking skills and 
     children who study a second language show greater cognitive 
     development in areas such as mental flexibility, creativity, 
     tolerance, and higher order thinking skills.
       ``(8) Children who have studied a foreign language in 
     elementary school achieve expected gains and score higher on 
     standardized tests of reading, language arts, and mathematics 
     than children who have not studied a foreign language.

     ``SEC. 7203. PROGRAM AUTHORIZED.

       ``(a) Program Authority.--
       ``(1) In general.--The Secretary shall make grants, on a 
     competitive basis, to State educational agencies or local 
     educational agencies to pay the Federal share of the cost of 
     innovative model programs providing for the establishment, 
     improvement or expansion of foreign language study for 
     elementary and secondary school students.
       ``(2) Duration.--Each grant under paragraph (1) shall be 
     awarded for a period of 3 years.
       ``(b) Requirements.--
       ``(1) Grants to state educational agencies.--In awarding a 
     grant under subsection (a) to a State educational agency, the 
     Secretary shall support programs that promote systemic 
     approaches to improving foreign language learning in the 
     State.
       ``(2) Grants to local educational agencies.--In awarding a 
     grant under subsection (a) to a local educational agency, the 
     Secretary shall support programs that--
       ``(A) show the promise of being continued beyond the grant 
     period;
       ``(B) demonstrate approaches that can be disseminated and 
     duplicated in other local educational agencies; and
       ``(C) may include a professional development component.
       ``(c) Federal Share.--
       ``(1) In general.--The Federal share for each fiscal year 
     shall be 50 percent.
       ``(2) Waiver.--The Secretary may waive the requirement of 
     paragraph (1) for any local educational agency which the 
     Secretary determines does not have adequate resources to pay 
     the non-Federal share of the cost of the activities assisted 
     under this part.
       ``(3) Special rule.--Not less than three-fourths of the 
     funds appropriated under section 7206 shall be used for the 
     expansion of foreign language learning in the elementary 
     grades.
       ``(4) Reservation.--The Secretary may reserve not more than 
     5 percent of funds appropriated under section 7206 to 
     evaluate the efficacy of programs under this part.

     ``SEC. 7204. APPLICATIONS.

       ``(a) In General.--Any State educational agency or local 
     educational agency desiring a grant under this part shall 
     submit an application to the Secretary at such time, in such 
     form, and containing such information and assurances as the 
     Secretary may require.
       ``(b) Special Consideration.--The Secretary shall give 
     special consideration to applications describing programs 
     that--
       ``(1) include intensive summer foreign language programs 
     for professional development;
       ``(2) link non-native English speakers in the community 
     with the schools in order to promote two-way language 
     learning; or
       ``(3) promote the sequential study of a foreign language 
     for students, beginning in elementary schools.

     ``SEC. 7205. ELEMENTARY SCHOOL FOREIGN LANGUAGE INCENTIVE 
                   PROGRAM.

       ``(a) Incentive Payments.--From amounts appropriated under 
     section 7206 the Secretary shall make an incentive payment 
     for each fiscal year to each public elementary school that 
     provides to students attending such school a program designed 
     to lead to communicative competency in a foreign language.
       ``(b) Amount.--The Secretary shall determine the amount of 
     the incentive payment under subsection (a) for each public 
     elementary school for each fiscal year on the basis of the 
     number of students participating in a program described in 
     such subsection at such school for such year compared to the 
     total number of such students at all such schools in the 
     United States for such year.
       ``(c) Requirement.--The Secretary shall consider a program 
     to be designed to lead to communicative competency in a 
     foreign language if such program is comparable to a program 
     that provides at least 45 minutes of instruction in a foreign 
     language at least 4 days per week throughout an academic 
     year.

     ``SEC. 7206. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $35,000,000 for 
     the fiscal year 1995, and such sums as may be necessary for 
     each of the 4 succeeding fiscal years, to carry out this 
     part, of which not more than $20,000,000 may be used in each 
     fiscal year to carry out section 7205.

                        ``PART C--ADMINISTRATION

     ``SEC. 7301. COORDINATION WITH RELATED PROGRAMS.

       ``In order to maximize the effectiveness of 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 
     administered by the Department, including programs in such 
     areas as teacher training, program content, research, and 
     curriculum.

     ``SEC. 7302. REPORT ON BILINGUAL EDUCATION.

       ``The Secretary shall, within three years of the date of 
     enactment of the Improving America's Schools Act of 1994, and 
     every third year thereafter, submit to the Congress a report 
     on the condition of bilingual education. The report shall 
     include--
       ``(1) information regarding--
       ``(A) the grants, contracts, and cooperative agreements 
     made pursuant to this title in the preceding 3 fiscal years;
       ``(B) the number of individuals benefiting from the 
     programs assisted under this title;
       ``(C) the evaluation of activities carried out under this 
     title during the preceding 3 fiscal years and the extent to 
     which each such activity achieves the policy set forth in 
     section 7103(a);
       ``(D) an estimate of the number of teachers and other 
     school personnel for bilingual education that will be 
     necessary for the 3 succeeding fiscal years; and
       ``(E) the research activities carried out under this title 
     during the preceding 3 fiscal years and the major findings of 
     such research activities; and
       ``(2) an analysis and synthesis of such information.

     ``SEC. 7303. STATE EDUCATIONAL AGENCY RECOMMENDATIONS; PEER 
                   REVIEW.

       ``(a) State Educational Agency Recommendations.--In making 
     awards under part A, the Secretary shall take State 
     educational agency recommendations into account.
       ``(b) Peer Review.--
       ``(1) In general.--In making awards under part A and in 
     making funding decisions for continuation grants under such 
     parts, the Secretary may solicit recommendations from peer 
     review panels composed of individuals experienced in aspects 
     of the education of limited-English proficient students.
       ``(2) Funding.--The Secretary may use not more than 0.2 
     percent of the total amount of funds appropriated for each 
     fiscal year for programs authorized under this title for peer 
     review of applications for assistance under such programs.

                         ``PART D--SPECIAL RULE

     ``SEC. 7401. SPECIAL RULE.

       ``Notwithstanding any other provision of law, no recipient 
     of a grant under title VII of this Act (as such title was in 
     effect on the day preceding the date of enactment of the 
     Improving America's Schools Act of 1994) shall be eligible 
     for fourth- and fifth-year renewals authorized by section 
     7021(d)(1)(C) of such title (as such section was in effect on 
     the day preceding the date of enactment of such Act).
            ``TITLE VIII--PROGRAMS OF NATIONAL SIGNIFICANCE

                      ``PART A--ARTS IN EDUCATION

     ``SEC. 8101. SUPPORT FOR ARTS EDUCATION.

       ``(a) Findings.--The Congress finds that--
       ``(1) the arts are forms of understanding and ways of 
     knowing that are fundamentally important to education;
       ``(2) the arts are important to excellent education and to 
     effective school reform;
       ``(3) the most significant contribution of the arts to 
     education reform is the transformation of teaching and 
     learning;
       ``(4) such transformation is best realized in the context 
     of comprehensive, systemic education reform;
       ``(5) demonstrated competency in the arts for American 
     students is among the National Education Goals;
       ``(6) arts education should be an integral part of the 
     elementary and secondary school curriculum;
       ``(7) participation in performing arts activities has 
     proven to be an effective strategy for promoting the 
     inclusion of persons with disabilities in mainstream 
     settings; and
       ``(8) opportunities in the arts have enabled persons of all 
     ages with disabilities to participate more fully in school 
     and community activities.
       ``(b) Purpose.--The purposes of this part are to--
       ``(1) support systemic education reform by strengthening 
     arts education as an integral part of the elementary and 
     secondary school curriculum;
       ``(2) help ensure that all students have the opportunity to 
     learn to challenging State content standards and challenging 
     State student performance standards in the arts; and
       ``(3) support the national effort to enable all students to 
     demonstrate competence in the arts in accordance with the 
     National Education Goals.
       ``(c) Eligible Recipients.--In order to carry out the 
     purposes of this part, the Secretary is authorized to award 
     grants to, or enter into contracts or cooperative agreements 
     with--
       ``(1) State educational agencies;
       ``(2) local educational agencies;
       ``(3) institutions of higher education;
       ``(4) museums and other cultural institutions; and
       ``(5) other public and private agencies, institutions, and 
     organizations.
       ``(d) Authorized Activities.--Funds under this part may be 
     used for--
       ``(1) research on arts education;
       ``(2) the development of, and dissemination of information 
     about, model arts education programs;
       ``(3) the development of model arts education assessments 
     based on high standards;
       ``(4) the development and implementation of curriculum 
     frameworks for arts education;
       ``(5) the development of model preservice and inservice 
     professional development programs for arts educators and 
     other instructional staff;
       ``(6) supporting collaborative activities with other 
     Federal agencies or institutions involved in arts education, 
     such as the National Endowment for the Arts, the Institute of 
     Museum Services, the John F. Kennedy Center for the 
     Performing Arts, Very Special Arts, and the National Gallery 
     of Art;
       ``(7) supporting model projects and programs in the 
     performing arts for children and youth through arrangements 
     made with the John F. Kennedy Center for the Performing Arts;
       ``(8) supporting model projects and programs developed by 
     Very Special Arts which assure the participation in 
     mainstream settings in arts and education programs of persons 
     of all ages with disabilities;
       ``(9) supporting model projects and programs to integrate 
     arts education into the regular elementary and secondary 
     school curriculum; and
       ``(10) other activities that further the purposes of this 
     part.
       ``(e) Coordination.--
       ``(1) In general.--A recipient of funds under this part 
     shall, to the extent possible, coordinate projects assisted 
     under this part with appropriate activities of public and 
     private cultural agencies, institutions, and organizations, 
     including museums, arts education associations, libraries, 
     and theaters.
       ``(2) Special rule.--In carrying out this part, the 
     Secretary shall coordinate with the National Endowment for 
     the Arts, the Institute of Museum Services, the John F. 
     Kennedy Center for the Performing Arts, Very Special Arts, 
     and the National Gallery of Art.
       ``(f) Authorization.--
       ``(1) In general.--For the purpose of carrying out this 
     part, there are authorized to be appropriated $11,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of the 4 succeeding fiscal years.
       ``(2) Special rule.--If the amount appropriated under 
     paragraph (1) for any fiscal year is $9,000,000 or less, then 
     such amount shall only be available to carry out the 
     activities described in paragraphs (7) and (8) of subsection 
     (d).

            ``PART B--INEXPENSIVE BOOK DISTRIBUTION PROGRAM

     ``SEC. 8151. INEXPENSIVE BOOK DISTRIBUTION PROGRAM FOR 
                   READING MOTIVATION.

       ``(a) Authorization.--The Secretary is authorized to enter 
     into a contract with Reading is Fundamental (RIF) (hereafter 
     in this section referred to as `the contractor') to support 
     and promote programs, which include the distribution of 
     inexpensive books to students, that motivate children to 
     read.
       ``(b) Requirements of Contract.--Any contract entered into 
     under subsection (a) shall--
       ``(1) provide that the contractor will enter into 
     subcontracts with local private nonprofit groups or 
     organizations or with public agencies under which each 
     subcontractor will agree to establish, operate, and provide 
     the non-Federal share of the cost of reading motivation 
     programs that include the distribution of books, by gift, to 
     the extent feasible, or loan, to children from birth through 
     secondary school age;
       ``(2) provide that funds made available to subcontractors 
     will be used only to pay the Federal share of the cost of 
     such programs;
       ``(3) provide that in selecting subcontractors for initial 
     funding, the contractor will give priority to programs that 
     will serve a substantial number or percentage of children 
     with special needs, such as--
       ``(A) low-income children, particularly in high-poverty 
     areas;
       ``(B) children at risk of school failure;
       ``(C) children with disabilities;
       ``(D) foster children;
       ``(E) homeless children;
       ``(F) migrant children;
       ``(G) children without access to libraries;
       ``(H) institutionalized or incarcerated children; and
       ``(I) children whose parents are institutionalized or 
     incarcerated;
       ``(4) provide that the contractor will provide such 
     technical assistance to subcontractors as may be necessary to 
     carry out the purpose of this section;
       ``(5) provide that the contractor will annually report to 
     the Secretary the number of, and describe, programs funded 
     under paragraph (3); and
       ``(6) include such other terms and conditions as the 
     Secretary determines to be appropriate to ensure the 
     effectiveness of such programs.
       ``(c) Restriction on Payments.--The Secretary shall make no 
     payment of the Federal share of the cost of acquiring and 
     distributing books under any contract under this section 
     unless the Secretary determines that the contractor or 
     subcontractor, as the case may be, has made arrangements with 
     book publishers or distributors to obtain books at discounts 
     at least as favorable as discounts that are customarily given 
     by such publisher or distributor for book purchases made 
     under similar circumstances in the absence of Federal 
     assistance.
       ``(d) Definition of `Federal Share'.--For the purpose of 
     this section, the term `Federal share' means, with respect to 
     the cost to a subcontractor of purchasing books to be paid 
     under this section, 75 percent of such costs to the 
     subcontractor, except that the Federal share for programs 
     serving children of migrant or seasonal farmworkers shall be 
     100 percent of such costs to the subcontractor.
       ``(e) Authorization of Appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated $11,000,000 for fiscal year 1995 and such sums 
     as may be necessary for each of the 4 succeeding fiscal 
     years.

                    ``PART C--PUBLIC CHARTER SCHOOLS

     ``SEC. 8201. FINDINGS AND PURPOSE.

       ``(a) Findings.--The Congress finds that--
       ``(1) enhancement of parent and student choices among 
     public schools can assist in promoting comprehensive 
     educational reform and give more students the opportunity to 
     learn to challenging State content standards and challenging 
     State student performance standards, if sufficiently diverse 
     and high-quality choices, and genuine opportunities to take 
     advantage of such choices, are available to all students;
       ``(2) useful examples of such choices can come from States 
     and communities that experiment with methods of offering 
     teachers and other educators, parents, and other members of 
     the public the opportunity to design and implement new public 
     schools and to transform existing public schools;
       ``(3) the new schools developed through such process should 
     be free to test a variety of educational approaches and 
     should, therefore, be exempted from restrictive rules and 
     regulations if the leadership of such schools commits to 
     attaining specific and ambitious educational results for 
     students consistent with challenging State content standards 
     and challenging State student performance standards for all 
     students;
       ``(4) charter schools, as such schools have been 
     implemented in a few States, can embody the necessary mixture 
     of enhanced choice, exemption from restrictive regulations, 
     and a focus on learning gains;
       ``(5) charter schools, including charter schools that are 
     schools-within-schools, can help reduce school size, which 
     reduction can have a significant effect on student 
     achievement; and
       ``(6) the Federal Government should test, evaluate, and 
     disseminate information on a variety of charter school models 
     in order to help demonstrate the benefits of this promising 
     educational reform.
       ``(b) Purpose.--It is the purpose of this part to increase 
     national understanding of the charter schools model by--
       ``(1) providing financial assistance for the design and 
     initial implementation of charter schools; and
       ``(2) evaluating the effects of such schools, including the 
     effects on students, staff, and parents.

     ``SEC. 8202. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary may award grants to State 
     educational agencies having applications approved pursuant to 
     section 8203 to enable such agencies to conduct a charter 
     school grant program in accordance with this part.
       ``(b) Special Rule.--If a State educational agency elects 
     not to participate in the program authorized by this part or 
     does not have an application approved under section 8203, the 
     Secretary may award a grant to an eligible applicant that 
     serves such State and has an application approved pursuant to 
     section 8203(c).
       ``(c) Program Periods.--
       ``(1) Grants to states.--Grants awarded to State 
     educational agencies under this part shall be awarded for a 
     period of not more than 3 years.
       ``(2) Grants to eligible applicants.--Grants awarded by the 
     Secretary or by State educational agencies to eligible 
     applicants under this part shall be awarded for a period of 
     not more than 3 years, of which the eligible applicant may 
     use--
       ``(A) not more than 18 months for planning and program 
     design; and
       ``(B) not more than 2 years for the initial implementation 
     of a charter school.
       ``(d) Limitation.--The Secretary and State educational 
     agencies shall not award more than one grant under this part 
     to support a particular charter school.
       ``(e) Use of Grants.--
       ``(1) State educational agencies.--Each State educational 
     agency receiving a grant under this part shall use such grant 
     funds to award grants to one or more eligible applicants in 
     the State to enable such applicant to plan and implement a 
     charter school in accordance with this part.
       ``(2) Eligible applicants.--Each eligible applicant 
     receiving a grant from the Secretary or a State educational 
     agency shall use such grant funds to plan and implement a 
     charter school in accordance with this part.
       ``(3) Administrative expenses.--Each State educational 
     agency receiving a grant pursuant to this part may reserve 
     not more than 5 percent of such grant funds for 
     administrative expenses associated with the charter school 
     grant program assisted under this part.
       ``(4) Revolving loan funds.--Each State educational agency 
     receiving a grant pursuant to this part may reserve not more 
     than 20 percent of the grant amount for the establishment of 
     a revolving loan fund. Such fund may be used to make loans to 
     eligible applicants that have received a grant under this 
     part, under such terms as may be determined by the State 
     educational agency, for the initial operation of the charter 
     school grant program of such recipient until such time as the 
     recipient begins receiving ongoing operational support from 
     State or local financing sources.

     ``SEC. 8203. APPLICATIONS.

       ``(a) Applications From State Agencies.--Each State 
     educational agency desiring a grant under this part shall 
     submit to the Secretary an application at such time, in such 
     manner, and containing or accompanied by such information as 
     the Secretary may require.
       ``(b) Contents.--Each application submitted pursuant to 
     subsection (a) shall--
       ``(1) describe the objectives of the State educational 
     agency's charter school grant program and a description of 
     how such objectives shall be fulfilled, including steps taken 
     by the State educational agency to inform teachers, parents, 
     and communities of the State educational agency's charter 
     school grant program and the availability of grants for the 
     establishment of such schools;
       ``(2) contain assurances that the State educational 
     agency--
       ``(A) has granted, will grant, or will obtain, a waiver of 
     all State law applicable to each charter school receiving a 
     grant under this section, except that this subparagraph only 
     shall apply to a State that has enacted a statute regarding 
     the waiver of State law for charter schools to the extent 
     permitted by such statute; and
       ``(B) will assist each eligible applicant in the State in 
     receiving a waiver under section 8204(d);
       ``(3) contain assurances that the State educational agency 
     will require each eligible applicant receiving a grant to 
     submit an application to the State educational agency 
     containing--
       ``(A) a description of the educational program to be 
     implemented by the proposed charter school, including--
       ``(i) how the program will enable all students to meet 
     State student performance standards;
       ``(ii) the grade levels or ages of children to be served; 
     and
       ``(iii) the curriculum and instructional practices to be 
     used;
       ``(B) a description of how the charter school will be 
     managed;
       ``(C) a description of--
       ``(i) the objectives of the charter school; and
       ``(ii) the method by which the charter school will 
     determine its progress toward achieving those objectives;
       ``(D) a description of the administrative relationship 
     between the charter school and the authorized public 
     chartering agency;
       ``(E) a description of how parents and other members of the 
     community will be involved in the design and implementation 
     of the charter school;
       ``(F) a description of how the authorized public chartering 
     agency will provide for continued operation of the school 
     once the Federal grant has expired if such agency determines 
     that the school has met the objectives described in 
     subparagraph (C)(i);
       ``(G) a request and justification for waivers of any 
     Federal or State statutory or regulatory requirements that 
     the applicant believes are necessary for the successful 
     operation of the charter school;
       ``(H) a description of how the grant funds will be used, 
     including a description of how grant funds will be used in 
     conjunction with other Federal programs administered by the 
     Secretary;
       ``(I) a description of how students in the community will 
     be--
       ``(i) informed about the charter school; and
       ``(ii) given an equal opportunity to attend the charter 
     school;
       ``(J) an assurance that the eligible applicant will 
     annually provide the Secretary and the State educational 
     agency such information as may be required to determine if 
     the charter school is making satisfactory progress toward 
     achieving the objectives described in subparagraph (C)(i);
       ``(K) an assurance that the applicant will cooperate with 
     the Secretary and the State educational agency in evaluating 
     the program assisted under this part; and
       ``(L) such other information and assurances as the 
     Secretary and the State educational agency may require.
       ``(c) Applications From Eligible Applicants.--Each eligible 
     applicant desiring a grant pursuant to section 8202(e)(1) or 
     8202(b) shall submit an application to the State educational 
     agency or Secretary, respectively, at such time, in such 
     manner, and accompanied by such information as the State 
     educational agency or Secretary, respectively, may reasonably 
     require. Each such application shall contain the information 
     and assurances described in subparagraphs (A) through (L) of 
     subsection (b)(3), except that for purpose of this sentence 
     subparagraphs (J), (K), and (L) of such subsection shall be 
     applied by striking ``and the State educational agency'' each 
     place such term appears.

     ``SEC. 8204. ADMINISTRATION.

       ``(a) Administration Criteria.--The Secretary shall select 
     grant recipients under this part on the basis of the quality 
     of the applications submitted under section 8203, after 
     taking into consideration factors, such as--
       ``(1) the contribution that charter school will make to 
     achieving State content standards and State student 
     performance standards and, in general, a State's education 
     improvement plan;
       ``(2) the degree of flexibility afforded by the State and 
     local educational agencies in grant waivers and otherwise 
     assisting teachers and others in establishing charter schools 
     within the State;
       ``(3) the quality of the proposed curriculum and 
     instructional practices;
       ``(4) the degree of flexibility afforded by the State 
     educational agency and, if applicable, the local educational 
     agency, to the charter school;
       ``(5) the extent of community support for the application;
       ``(6) the ambitiousness of the objectives for the charter 
     school;
       ``(7) the quality of the plan for assessing achievement of 
     such objectives; and
       ``(8) the likelihood that the charter school will meet such 
     objectives and improve educational results for students.
       ``(b) Peer Review.--The Secretary, and each State 
     educational agency receiving a grant under this part, shall 
     use a peer review process to review applications for grants 
     under this part.
       ``(c) Diversity of Projects.--The Secretary and each State 
     educational agency receiving a grant under this part, shall 
     award grants under this part in a manner that, to the extent 
     possible, ensures that such grants--
       ``(1) are distributed throughout different areas of the 
     Nation and each State, including urban and rural areas; and
       ``(2) will assist charter schools representing a variety of 
     educational approaches, such as approaches designed to reduce 
     school size.
       ``(d) Waivers.--The Secretary may waive any statutory or 
     regulatory requirement over which the Secretary exercises 
     administrative authority except any such requirement relating 
     to the elements of a charter school described in section 
     8207(1), if--
       ``(1) the waiver is requested in an approved application 
     under this part; and
       ``(2) the Secretary determines that granting such a waiver 
     will promote the purpose of this part.

     ``SEC. 8205. USES OF FUNDS.

       ``A recipient of a grant under this part may use the grant 
     funds only for--
       ``(1) post-award planning and design of the educational 
     program, which may include--
       ``(A) refinement of the desired educational results and of 
     the methods for measuring progress toward achieving those 
     results; and
       ``(B) professional development of teachers and other staff 
     who will work in the charter school; and
       ``(2) initial implementation of the charter school, which 
     may include--
       ``(A) informing the community about the school;
       ``(B) acquiring necessary equipment and educational 
     materials and supplies;
       ``(C) acquiring or developing curriculum materials;
       ``(D) minor remodeling or renovation of facilities needed 
     to meet State or local health or safety laws or regulations; 
     and
       ``(E) other initial operational costs that cannot be met 
     from State or local sources.

     ``SEC. 8206. NATIONAL ACTIVITIES.

       ``The Secretary may reserve not more than 10 percent of the 
     funds available to carry out this part for any fiscal year 
     for--
       ``(1) peer review of applications under section 8204;
       ``(2) an evaluation of charter schools, including those 
     assisted under this part; and
       ``(3) other activities designed to enhance the success of 
     the activities assisted under this part, such as--
       ``(A) development and dissemination of model State charter 
     school laws and model contracts or other means of authorizing 
     and monitoring the performance of charter schools;
       ``(B) collection and dissemination of information on 
     successful charter schools; and
       ``(C) conferences, publications, and use of 
     telecommunications and other means to share ideas and 
     information among grant recipients and others about charter 
     schools.

     ``SEC. 8207. DEFINITIONS.

       ``As used in this part:
       ``(1) The term `charter school' means a public school 
     that--
       ``(A) in accordance with an enabling State statute, is 
     exempted from significant State or local rules that inhibit 
     the flexible operation and management of public schools, but 
     not from any rules relating to the other requirements of this 
     paragraph;
       ``(B) is created by a developer as a public school, or is 
     adapted by a developer from an existing public school;
       ``(C) operates in pursuit of a specific set of educational 
     objectives determined by the school's developer and agreed to 
     by the authorized public chartering agency;
       ``(D) provides a program of elementary or secondary 
     education, or both;
       ``(E) is nonsectarian in its programs, admissions policies, 
     employment practices, and all other operations, and is not 
     affiliated with a sectarian school or religious institution;
       ``(F) does not charge tuition;
       ``(G) complies with the Age Discrimination Act, title VI of 
     the Civil Rights Act of 1964, title IX of the Education 
     Amendments of 1972, section 504 of the Rehabilitation Act of 
     1973, and part B of the Individuals with Disabilities 
     Education Act;
       ``(H) admits students on the basis of a lottery, if more 
     students apply for admission than can be accommodated;
       ``(I) agrees to comply with the same Federal and State 
     audit requirements as do other schools in the State, unless 
     such requirements are specifically waived for the purpose of 
     this program; and
       ``(J) meets all applicable Federal, State, and local health 
     and safety requirements.
       ``(2) The term `developer' means an individual or group of 
     individuals (including a public or private nonprofit 
     organization), which may include teachers, administrators and 
     other school staff, parents, or other members of the local 
     community in which a charter school project will be carried 
     out.
       ``(3) The term `eligible applicant' means an authorized 
     public chartering agency participating in a partnership with 
     a developer to establish a charter school in accordance with 
     this part.
       ``(4) The term `authorized public chartering agency' means 
     a State educational agency, local educational agency, or 
     other public entity that has the authority pursuant to State 
     law to authorize or approve a charter school.

     ``SEC. 8208. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $15,000,000 for fiscal year 
     1995 and such sums as may be necessary for each of the 4 
     succeeding fiscal years.

                       ``PART D--CIVIC EDUCATION

     ``SEC. 8251. INSTRUCTION ON THE HISTORY AND PRINCIPLES OF 
                   DEMOCRACY IN THE UNITED STATES.

       ``(a) General Authority.--
       ``(1) Program established.--(A) The Secretary is authorized 
     to carry out a program to enhance the attainment of the third 
     and sixth National Education Goals by educating students 
     about the history and principles of the Constitution of the 
     United States, including the Bill of Rights, and to foster 
     civic competence and responsibility.
       ``(B) Such program shall be known as `We the People . . . 
     The Citizen and the Constitution'.
       ``(2) Educational activities.--The program required by 
     paragraph (1) shall--
       ``(A) continue and expand the educational activities of the 
     `We the People . . . The Citizen and the Constitution' 
     program administered by the Center for Civic Education; and
       ``(B) enhance student attainment of challenging content 
     standards in civics and government.
       ``(3) Contract or grant authorized.--The Secretary is 
     authorized to enter into a contract or grant with the Center 
     for Civic Education to carry out the program described in 
     paragraph (1).
       ``(b) Program Content.--The education program authorized by 
     this section shall provide--
       ``(1) a course of instruction on the basic principles of 
     our constitutional democracy and the history of the 
     Constitution and the Bill of Rights;
       ``(2) at the request of a participating school, school and 
     community simulated congressional hearings following the 
     course of study; and
       ``(3) an annual national competition of simulated 
     congressional hearings for secondary students who wish to 
     participate in such program.
       ``(c) Program Content.--The education program authorized by 
     this section shall be made available to public and private 
     elementary and secondary schools in the 435 congressional 
     districts, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, and the District of Columbia.
       ``(d) Special Rule.--After the provisions of subsection (b) 
     have been implemented, funds provided under this section may 
     be used for--
       ``(1) advanced training of teachers about the United States 
     Constitution and the political system the United States 
     created; or
       ``(2) a course of instruction at the middle school level on 
     the roles of State and local governments in the Federal 
     system established by the Constitution, which course shall 
     provide for--
       ``(A) optional school and community simulated State 
     legislative hearings;
       ``(B) an annual competition of simulated legislative 
     hearings at the State legislative district, State, and 
     national levels for middle school students who wish to 
     participate in the program; and
       ``(C) participation by public and private middle schools in 
     the 50 States, the District of Columbia, Commonwealth of 
     Puerto Rico, Guam, American Samoa, the Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, the Republic of 
     the Marshall Islands, the Federated States of Micronesia, and 
     Palau.

     ``SEC. 8252. INSTRUCTION IN CIVICS, GOVERNMENT, AND THE LAW.

       ``(a) Program Established.--The Secretary is authorized to 
     carry out a program of grants and contracts to assist State 
     and local educational agencies and other public and private 
     nonprofit agencies, organizations and institutions to 
     enhance--
       ``(1) attainment by students of challenging State content 
     standards and challenging State student performance standards 
     in civics, government, and the law; and
       ``(2) attainment by the Nation of the third and the sixth 
     National Education Goals.
       ``(b) Authorized Activities.--Assistance under this section 
     may support new and ongoing programs in elementary and 
     secondary schools that provide for--
       ``(1) the development and implementation of curricular 
     programs that enhance student understanding of--
       ``(A) the values and principles which underlie, and the 
     institutions and processes which comprise, our Nation's 
     system of government;
       ``(B) the role of law in our constitutional democracy, 
     including activities to promote--
       ``(i) legal literacy;
       ``(ii) a dedication by students to the use of nonviolent 
     means of conflict resolution such as arbitration, mediation, 
     negotiation, trials, and appellate hearings; and
       ``(iii) respect for cultural diversity and acceptance of 
     cultural differences; and
       ``(C) the rights and responsibilities of citizenship;
       ``(2) professional development for teachers, including 
     preservice and inservice training;
       ``(3) outside-the-classroom learning experiences for 
     students, including community service activities;
       ``(4) the active participation of community leaders, from 
     the public and private sectors, in the schools; and
       ``(5) the provision of technical assistance to State and 
     local educational agencies and other institutions and 
     organizations working to further the progress of the Nation 
     in attaining the third and sixth National Education Goals 
     regarding civics and government.
       ``(c) Applications, Peer Review and Priority.--
       ``(1) Submission of applications.--A State or local 
     educational agency, other public or private nonprofit agency, 
     organization, or institution that desires to receive a grant 
     or enter into a contract under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and containing or accompanied by such information as the 
     Secretary may reasonably require.
       ``(2) Peer review.--(A) The Secretary shall convene a panel 
     of individuals for purpose of reviewing and rating 
     applications submitted under paragraph (1).
       ``(B) Such individuals shall have experience with education 
     programs in civics, government, and the law.
       ``(3) Priority.--In making grants or awarding contracts 
     under this section, the Secretary shall give priority 
     consideration to applications which propose the operation of 
     statewide programs.
       ``(d) Duration of Grants and Exception.--
       ``(1) Duration.--Except as provided in paragraph (2), the 
     Secretary shall make grants and enter into contracts under 
     this section for periods of two or three years.
       ``(2) Exception.--The Secretary may make a grant or enter 
     into a contract under this section for a period of less than 
     2 years if the Secretary determines that special 
     circumstances exist which warrant a 1-year grant or contract 
     award.

     ``SEC. 8253. REPORT; AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Report.--The Secretary shall report, on a biennial 
     basis and in accordance with section 10701, to the Committee 
     on Education and Labor of the House of Representatives and to 
     the Committee on Labor and Human Resources of the Senate 
     regarding the distribution and use of funds authorized under 
     this part.
       ``(b) Authorization of Appropriations.--
       ``(1) In general.--To carry out this part, there are 
     authorized to be appropriated $20,000,000 for fiscal year 
     1995 and such sums as necessary for each of the 4 succeeding 
     fiscal years.
       ``(2) Allocation.--From the amount appropriated under 
     subsection (a), the Secretary shall allocate--
       ``(A) 50 percent of such amount to carry out section 8251; 
     and
       ``(B) 50 percent of such amount to carry out section 8252.

             ``PART E--ALLEN J. ELLENDER FELLOWSHIP PROGRAM

     ``SEC. 8301. FINDINGS.

       ``The Congress finds as follows:
       ``(1) It is a worthwhile goal to ensure that all students 
     in America are prepared for responsible citizenship and that 
     all students should have the opportunity to be involved in 
     activities that promote and demonstrate good citizenship.
       ``(2) It is a worthwhile goal to ensure that America's 
     educators have access to programs for the continued 
     improvement of their professional skills.
       ``(3) Allen J. Ellender, a Senator from Louisiana and 
     President pro tempore of the United States Senate, had a 
     distinguished career in public service characterized by 
     extraordinary energy and real concern for young people. 
     Senator Ellender provided valuable support and encouragement 
     to the Close Up Foundation, a nonpartisan, nonprofit 
     foundation promoting knowledge and understanding of the 
     Federal Government among young people and educators. 
     Therefore, it is a fitting and appropriate tribute to Senator 
     Ellender to provide fellowships in his name to students of 
     limited economic means, the teachers who work with such 
     students, and older Americans, so that such students, 
     teachers, and older Americans may participate in the programs 
     supported by the Close Up Foundation.

     ``Subpart 1--Program for Middle and Secondary School Students

     ``SEC. 8311. ESTABLISHMENT.

       ``(a) General Authority.--The Secretary is authorized to 
     make grants in accordance with the provisions of this title 
     to the Close Up Foundation of Washington, District of 
     Columbia, a nonpartisan, nonprofit foundation, for the 
     purpose of assisting the Close Up Foundation in carrying out 
     its programs of increasing understanding of the Federal 
     Government among middle and secondary school students.
       ``(b) Use of Funds.--Grants under this subpart shall be 
     used only to provide financial assistance to economically 
     disadvantaged students who participate in the program 
     described in subsection (a). Financial assistance received 
     pursuant to this subpart by such students shall be known as 
     Allen J. Ellender fellowships.

     ``SEC. 8312. APPLICATIONS.

       ``(a) Application Required.--No grant under this subpart 
     may be made except upon an application at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may reasonably require.
       ``(b) Contents of Application.--Each such application shall 
     contain provisions to assure--
       ``(1) that fellowship grants are made to economically 
     disadvantaged middle and secondary school students;
       ``(2) that every effort will be made to ensure the 
     participation of students from rural and small town areas, as 
     well as from urban areas, and that in awarding fellowships to 
     economically disadvantaged students, special consideration 
     will be given to the participation of students with special 
     educational needs, including students with disabilities, 
     ethnic minority students, and gifted and talented students; 
     and
       ``(3) the proper disbursement of the funds of the United 
     States received under this subpart.

     ``Subpart 2--Program for Middle and Secondary School Teachers

     ``SEC. 8321. ESTABLISHMENT.

       ``(a) General Authority.--The Secretary is authorized to 
     make grants in accordance with the provisions of this subpart 
     to the Close Up Foundation of Washington, District of 
     Columbia, a nonpartisan, nonprofit foundation, for the 
     purpose of assisting the Close Up Foundation in carrying out 
     its programs of teaching skills enhancement for middle and 
     secondary school teachers.
       ``(b) Use of Funds.--Grants under this subpart shall be 
     used only for financial assistance to teachers who 
     participate in the program described in subsection (a). 
     Financial assistance received pursuant to this subpart by 
     such individuals shall be known as Allen J. Ellender 
     fellowships.

     ``SEC. 8322. APPLICATIONS.

       ``(a) Application Required.--No grant under this subpart 
     may be made except upon an application at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may reasonably require.
       ``(b) Contents of Application.--Each such application shall 
     contain provisions to assure--
       ``(1) that fellowship grants are made only to teachers who 
     have worked with at least one student from such teacher's 
     school who participates in the programs described in section 
     8311(a);
       ``(2) that not more than one teacher in each school 
     participating in the programs provided for in section 8311(a) 
     may receive a fellowship in any fiscal year; and
       ``(3) the proper disbursement of the funds of the United 
     States received under this subpart.

   ``Subpart 3--Programs for Recent Immigrants, Students of Migrant 
                      Parents and Older Americans

     ``SEC. 8331. ESTABLISHMENT.

       ``(a) General Authority.--
       ``(1) In general.--The Secretary is authorized to make 
     grants in accordance with the provisions of this subpart to 
     the Close Up Foundation of Washington, District of Columbia, 
     a nonpartisan, nonprofit foundation, for the purpose of 
     assisting the Close Up Foundation in carrying out its 
     programs of increasing understanding of the Federal 
     Government among economically disadvantaged older Americans, 
     recent immigrants and students of migrant parents.
       ``(2) Definition.--For the purpose of this subpart, the 
     term `older American' means an individual who has attained 55 
     years of age.
       ``(b) Use of Funds.--Grants under this subpart shall be 
     used only for financial assistance to economically 
     disadvantaged older Americans, recent immigrants and students 
     of migrant parents who participate in the program described 
     in subsection (a). Financial assistance received pursuant to 
     this subpart by such individuals shall be known as Allen J. 
     Ellender fellowships.

     ``SEC. 8332. APPLICATIONS.

       ``(a) Application Required.--No grant under this subpart 
     may be made except upon application at such time, in such 
     manner, and accompanied by such information as the Secretary 
     may reasonably require.
       ``(b) Contents of Application.--Each such application shall 
     contain provisions to assure--
       ``(1) that fellowship grants are made to economically 
     disadvantaged older Americans, recent immigrants and students 
     of migrant parents;
       ``(2) that every effort will be made to ensure the 
     participation of older Americans, recent immigrants and 
     students of migrant parents from rural and small town areas, 
     as well as from urban areas, and that in awarding 
     fellowships, special consideration will be given to the 
     participation of older Americans, recent immigrants and 
     students of migrant parents with special needs, including 
     individuals with disabilities, ethnic minorities, and gifted 
     and talented students;
       ``(3) that activities permitted by subsection (a) are fully 
     described; and
       ``(4) the proper disbursement of the funds of the United 
     States received under this subpart.

                    ``Subpart 4--General Provisions

     ``SEC. 8341. ADMINISTRATIVE PROVISIONS.

       ``(a) General Rule.--Payments under this part may be made 
     in installments, in advance, or by way of reimbursement, with 
     necessary adjustments on account of underpayment or 
     overpayment.
       ``(b) Audit Rule.--The Comptroller General of the United 
     States or any of the Comptroller General's duly authorized 
     representatives shall have access for the purpose of audit 
     and examination to any books, documents, papers, and records 
     that are pertinent to any grant under this part.

     ``SEC. 8342. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     to carry out the provisions of subparts 1, 2, and 3 of this 
     part $4,500,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.
       ``(b) Special Rule.--Of the funds appropriated pursuant to 
     subsection (a), not more than 30 percent may be used for 
     teachers associated with students participating in the 
     programs described in section 8311(a).

                 ``PART F--GIFTED AND TALENTED CHILDREN

     ``SEC. 8401. SHORT TITLE.

       ``This part may be cited as the `Jacob K. Javits Gifted and 
     Talented Students Education Act of 1994'.

     ``SEC. 8402. FINDINGS AND PURPOSES.

       ``(a) Findings.--The Congress finds and declares that--
       ``(1) all students can learn to high standards and must 
     develop their talents and realize their potential if the 
     United States is to prosper;
       ``(2) gifted and talented students are a national resource 
     vital to the future of the Nation and our Nation's security 
     and well-being;
       ``(3) too often schools fail to challenge students to do 
     their best work, and students who are not challenged will not 
     learn to challenging State content standards and challenging 
     State student performance standards, fully develop their 
     talents, and realize their potential;
       ``(4) unless the special abilities of gifted and talented 
     students are recognized and developed during their elementary 
     and secondary school years, much of their special potential 
     for contributing to the national interest is likely to be 
     lost;
       ``(5) gifted and talented students from economically 
     disadvantaged families and areas, and students of limited-
     English proficiency are at greatest risk of being 
     unrecognized and of not being provided adequate or 
     appropriate educational services;
       ``(6) State and local educational agencies and private 
     nonprofit schools often lack the necessary specialized 
     resources to plan and implement effective programs for the 
     early identification of gifted and talented students for the 
     provision of educational services and programs appropriate to 
     their special needs;
       ``(7) the Federal Government can best carry out the limited 
     but essential role of stimulating research and development 
     and personnel training and providing a national focal point 
     of information and technical assistance that is necessary to 
     ensure that the Nation's schools are able to meet the special 
     educational needs of gifted and talented students, and 
     thereby serve a profound national interest; and
       ``(8) the experience and knowledge gained in developing and 
     implementing programs for gifted and talented students can 
     and should be used as a basis to--
       ``(A) develop a rich and challenging curriculum for all 
     students; and
       ``(B) provide all students with important and challenging 
     subject matter to study and encourage the habits of hard 
     work.
       ``(b) Statement of Purpose.--It is the purpose of this 
     part--
       ``(1) to provide financial assistance to State and local 
     educational agencies, institutions of higher education, and 
     other public and private agencies and organizations, to 
     initiate a coordinated program of research, demonstration 
     projects, personnel training, and similar activities designed 
     to build a nationwide capability in elementary and secondary 
     schools to meet the special educational needs of gifted and 
     talented students;
       ``(2) to encourage the development of rich and challenging 
     curricula for all students through the appropriate 
     application and adaptation of materials and instructional 
     methods developed under this part; and
       ``(3) to supplement and make more effective the expenditure 
     of State and local funds, for the education of gifted and 
     talented students.

     ``SEC. 8403. DEFINITIONS; CONSTRUCTION.

       ``(a) Definitions.--For purposes of this part, the term 
     `gifted and talented students' means children and youth who 
     give evidence of high performance capability in areas such as 
     intellectual, creative, artistic, or leadership capacity, or 
     in specific academic fields, and who require services or 
     activities not ordinarily provided by the school in order to 
     fully develop such capabilities.
       ``(b) Construction.--Nothing in this part shall be 
     construed to prohibit a recipient of funds under this part 
     from serving gifted and talented students simultaneously with 
     students with similar educational needs, in the same 
     educational settings where appropriate.

     ``SEC. 8404. AUTHORIZED PROGRAMS.

       ``(a) Establishment of Program.--
       ``(1) In general.--From the sums appropriated under section 
     8407 in any fiscal year the Secretary (after consultation 
     with experts in the field of the education of gifted and 
     talented students) shall make grants to or enter into 
     contracts with State educational agencies, local educational 
     agencies, institutions of higher education, or other public 
     agencies and private agencies and organizations (including 
     Indian tribes and Indian organizations (as such terms are 
     defined by the Indian Self-Determination and Education 
     Assistance Act) and Hawaiian native organizations) to assist 
     such agencies, institutions, and organizations which submit 
     applications in carrying out programs or projects authorized 
     by this part that are designed to meet the educational needs 
     of gifted and talented students, including the training of 
     personnel in the education of gifted and talented students 
     and in the use, where appropriate, of gifted and talented 
     services, materials, and methods for all students.
       ``(2) Contents.--Applications for funds under this part 
     shall describe how--
       ``(A) the proposed gifted and talented services, materials, 
     and methods can be adapted, if appropriate, for use by all 
     students; and
       ``(B) how the proposed programs can be evaluated.
       ``(b) Uses of Funds.--Programs and projects assisted under 
     this section may include--
       ``(1) professional development (including fellowships) for 
     personnel (including leadership personnel) involved in the 
     education of gifted and talented students;
       ``(2) establishment and operation of model projects and 
     exemplary programs for serving gifted and talented students, 
     including innovative methods for identifying and educating 
     students who may not be served by traditional gifted and 
     talented programs, summer programs, mentoring programs, 
     service learning programs, and cooperative programs involving 
     business, industry, and education;
       ``(3) training of personnel and parents involved in gifted 
     and talented programs with respect to the impact of gender 
     role-socialization on the educational needs of gifted and 
     talented children and in gender equitable education methods, 
     techniques and practices;
       ``(4) implementing innovative strategies, such as 
     cooperative learning, peer tutoring and service learning;
       ``(5) strengthening the capability of State educational 
     agencies and institutions of higher education to provide 
     leadership and assistance to local educational agencies and 
     nonprofit private schools in the planning, operation, and 
     improvement of programs for the identification and education 
     of gifted and talented students and the appropriate use of 
     gifted and talented programs and methods to serve all 
     students;
       ``(6) programs of technical assistance and information 
     dissemination, including how gifted and talented programs and 
     methods, where appropriate, could be adapted for use by all 
     students; and
       ``(7) carrying out--
       ``(A) research on methods and techniques for identifying 
     and teaching gifted and talented students, and for using 
     gifted and talented programs and methods to serve all 
     students; and
       ``(B) program evaluations, surveys, and the collection, 
     analysis, and development of information needed to accomplish 
     the purposes of this part.
       ``(c) Establishment of National Center.--
       ``(1) In general.--The Secretary (after consultation with 
     experts in the field of the education of gifted and talented 
     students) shall establish a National Center for Research and 
     Development in the Education of Gifted and Talented Children 
     and Youth through grants to or contracts with one or more 
     institutions of higher education or State educational 
     agencies, or a combination or consortium of such institutions 
     and agencies, for the purpose of carrying out activities 
     described in paragraph (5) of subsection (b).
       ``(2) Director.--Such National Center shall have a 
     Director. The Secretary may authorize the Director to carry 
     out such functions of the National Center as may be agreed 
     upon through arrangements with other institutions of higher 
     education, State or local educational agencies, or other 
     public or private agencies and organizations.
       ``(d) Limitation.--Not more than $1,750,000 of the funds 
     available in any fiscal year to carry out the programs and 
     projects authorized by this section may be used to conduct 
     activities pursuant to subsection (b)(5) or (c).
       ``(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 such office; and
       ``(2) may include collaborative research activities which 
     are jointly funded and carried out with the Office of 
     Educational Research and Improvement.

     ``SEC. 8405. PROGRAM PRIORITIES.

       ``(a) General Priority.--In the administration of this part 
     the Secretary shall give highest priority--
       ``(1) to the identification of and the provision of 
     services to gifted and talented students who may not be 
     identified and served through traditional assessment methods 
     (including economically disadvantaged individuals, 
     individuals of limited-English proficiency, and individuals 
     with disabilities); and
       ``(2) to programs and projects designed to develop or 
     improve the capability of schools in an entire State or 
     region of the Nation, through cooperative efforts and 
     participation of State and local educational agencies, 
     institutions of higher education, and other public and 
     private agencies and organizations (including business, 
     industry, and labor), to plan, conduct, and improve programs 
     for the identification of and the provision of services to 
     gifted and talented students.
       ``(b) Service Priority.--In approving applications under 
     section 8404(a), the Secretary shall assure that in each 
     fiscal year at least one-half of the applications approved 
     under such section address the priority described in 
     subsection (a)(1).

     ``SEC. 8406. GENERAL PROVISIONS.

       ``(a) Participation of Private School Children and 
     Teachers.--In making grants and entering into contracts under 
     this part, the Secretary shall ensure, where appropriate, 
     that provision is made for the equitable participation of 
     students and teachers in private nonprofit elementary and 
     secondary schools, including the participation of teachers 
     and other personnel in professional development programs for 
     serving such children.
       ``(b) Program Operations.--The Secretary shall ensure that 
     the programs under this part are administered within the 
     Department by a person who has recognized professional 
     qualifications and experience in the field of the education 
     of gifted and talented students and who shall serve as a 
     focal point of national leadership and information on 
     mechanisms to carry out the purpose of this part.
       ``(c) Review, Dissemination, and Evaluation.--The Secretary 
     shall--
       ``(1) use a peer review process in reviewing applications 
     under this part;
       ``(2) ensure that information on the activities and results 
     of programs and projects funded under this part is 
     disseminated to appropriate State and local agencies and 
     other appropriate organizations, including nonprofit private 
     organizations; and
       ``(3) evaluate the effectiveness of programs under this 
     part in accordance with section 10701, both in terms of the 
     impact on students traditionally served in separate gifted 
     and talented programs and on other students, and submit the 
     results of such evaluation to Congress not later than January 
     1, 1998.

     ``SEC. 8407. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--There are authorized to be appropriated 
     $20,000,000 for fiscal year 1995, and such sums as may be 
     necessary for each of the 4 succeeding fiscal years, to carry 
     out the provisions of this part.
       ``(b) Special Rule.--If the amount appropriated under 
     subsection (a) for a fiscal year exceeds $20,000,000, 40 
     percent of such amount in excess of $20,000,000 shall be 
     available for strategies and programs designed for the 
     education of gifted and talented students that may be adapted 
     and used to improve teaching and learning for all students in 
     a school and to help all students in a school develop their 
     talents, realize their potential, and meet challenging State 
     content standards and challenging State student performance 
     standards, while not diminishing the curriculum and 
     instruction for students traditionally identified as gifted 
     and talented.

                  ``PART G--WOMEN'S EDUCATIONAL EQUITY

     ``SEC. 8451. SHORT TITLE; FINDINGS.

       ``(a) Short Title.--This part may be cited as the `Women's 
     Educational Equity Act of 1994'.
       ``(b) Findings.--The Congress finds that--
       ``(1) since the enactment of title IX of the Education 
     Amendments of 1972, women and girls have made strides in 
     educational achievement and in their ability to avail 
     themselves of educational opportunities;
       ``(2) because of funding provided under the Women's 
     Educational Equity Act, more curricula, training and other 
     educational materials concerning educational equity for women 
     and girls are available for national dissemination;
       ``(3) significant gender inequities still exist in teaching 
     and learning practices, for example--
       ``(A) sexual harassment, particularly that experienced by 
     girls, undermines the ability of schools to provide a safe 
     and equitable learning or workplace environment;
       ``(B) girls may often receive significantly less attention 
     from classroom teachers than boys, and girls of color have 
     less interaction with teachers than all other girls;
       ``(C) classroom textbooks and other educational materials 
     do not sufficiently reflect the experiences, achievements, or 
     concerns of women and, in most cases, are not written by 
     women or persons of color;
       ``(D) girls do not take as many mathematics and science 
     courses as boys, girls lose confidence in their mathematics 
     and science ability as girls move through adolescence, there 
     are few women role models in the sciences, and women continue 
     to be concentrated in low-paying, traditionally female jobs 
     that do not require mathematics and science skills; and
       ``(E) pregnant and parenting teenagers are at high risk for 
     dropping out of school and existing dropout prevention 
     programs do not adequately address the needs of such 
     population;
       ``(4) Federal support should address not only research and 
     development of innovative model curricula and teaching and 
     learning strategies to promote gender equity, but should, to 
     the extent feasible, also help schools and local communities 
     implement and institutionalize gender equitable practices;
       ``(5) Federal assistance for gender equity must be tied to 
     systemic reform, involve collaborative efforts to implement 
     effective gender practices at the local level, and encourage 
     parental participation; and
       ``(6) excellence in education, high educational 
     achievements and standards, and the full participation of 
     women and girls in American society cannot be achieved 
     without educational equity for women and girls.

     ``SEC. 8452. STATEMENT OF PURPOSES.

       ``It is the purpose of this part--
       ``(1) to promote gender equity in education in the United 
     States;
       ``(2) to provide financial assistance to enable educational 
     agencies and institutions to meet the requirements of title 
     IX of the Educational Amendments of 1972; and
       ``(3) to promote equity in education to women and girls who 
     suffer multiple forms of discrimination based on sex, race, 
     ethnic origin, limited-English proficiency, disability, or 
     age.

     ``SEC. 8453. PROGRAM AUTHORIZED.

       ``The Secretary is authorized to make grants to, and enter 
     into contracts and cooperative agreements with, public 
     agencies, private nonprofit agencies, organizations, 
     institutions, community groups, and individuals, to achieve 
     the purposes of this part by providing support and technical 
     assistance for--
       ``(1) the implementation of effective gender-equity 
     policies and practices at all educational levels, including--
       ``(A) assisting educational agencies and institutions to 
     implement policies and practices to comply with title IX of 
     the Education Amendments of 1972;
       ``(B) training for teachers, counselors, administrators, 
     and other school personnel, especially preschool and 
     elementary school personnel, in gender equitable teaching and 
     learning practices;
       ``(C) leadership training for women and girls to develop 
     professional and marketable skills to compete in the global 
     marketplace, improve self-esteem, and benefit from exposure 
     to positive role models;
       ``(D) school-to-work transition programs, other programs to 
     increase opportunities for women and girls to enter a 
     technologically demanding workplace and, in particular, to 
     enter highly skilled, high paying careers in which women and 
     girls have been underrepresented, and guidance and counseling 
     activities;
       ``(E) enhancing educational and career opportunities for 
     women and girls who suffer multiple forms of discrimination, 
     based on sex and on race, ethnic origin, limited-English 
     proficiency, disability, socioeconomic status, or age;
       ``(F) assisting pregnant students and students rearing 
     children to remain in or to return to secondary school, 
     graduate, and prepare their preschool children to start 
     school;
       ``(G) evaluating exemplary model programs to assess the 
     ability of such programs to advance educational equity for 
     women and girls; and
       ``(H) introduction into the classroom of textbooks, 
     curricula, and other materials designed to achieve equity for 
     women and girls; and
       ``(2) research and development, which shall be coordinated 
     with the Office of Educational Research and Improvement's 
     National Institute on the Education of At-Risk Students to 
     avoid duplication of research efforts, designed to advance 
     gender equity nationwide and to help make policies and 
     practices in educational agencies and institutions and local 
     communities gender-equitable, including--
       ``(A) research and development designed to advance gender 
     equity, including the development of innovative strategies to 
     improve teaching and learning practices;
       ``(B) the development of high quality and challenging 
     assessment instruments that are nondiscriminatory;
       ``(C) the development and evaluation of model curricula, 
     textbooks, software, and other educational materials to 
     ensure the absence of gender stereotyping and bias;
       ``(D) the development of instruments and procedures that 
     employ new and innovative strategies to assess whether 
     diverse educational settings are gender equitable;
       ``(E) the development of new dissemination and replication 
     strategies;
       ``(F) updating high quality educational materials 
     previously developed through awards made under this part; and
       ``(G) the implementation of nondiscriminatory tests of 
     aptitude and achievement and alternative assessment 
     instruments.

     ``SEC. 8454. APPLICATIONS.

       ``(a) Applications.--A grant may be made, and a contract or 
     cooperative agreement may be entered into, under this part 
     only upon application to the Secretary, at such time, in such 
     form, and containing or accompanied by such information as 
     the Secretary may prescribe, such as--
       ``(1) setting forth policies and procedures that will 
     ensure a comprehensive evaluation of the activities carried 
     out under the project, including an evaluation of the 
     practices, policies, and materials used by the applicant and 
     an evaluation or estimate of the continued significance of 
     the work of the project following completion of the award 
     period;
       ``(2) demonstrating how funds received under this part will 
     be used to promote the attainment of one or more of the 
     National Education Goals;
       ``(3) demonstrating how the applicant will address 
     perceptions of gender roles based on cultural differences or 
     stereotypes;
       ``(4) describing how funds under this part will be used in 
     a manner that is consistent with the School-to-Work 
     Opportunities Act of 1994;
       ``(5) for applications for projects under section 8453(1), 
     demonstrating how the applicant will foster partnerships and 
     share resources with State educational agencies, local 
     educational agencies, institutions of higher education, 
     community-based organizations, and other recipients of 
     Federal educational funding which may include State literacy 
     resource centers; and
       ``(6) for applications for projects under section 8453(1), 
     demonstrating how parental involvement in the project will be 
     encouraged.
       ``(b) Special Rule.--In approving applications under this 
     part, the Secretary shall give special consideration to 
     applications--
       ``(1) submitted by applicants that have not received 
     assistance under this part or under part C of title IX of 
     this Act (as such part was in effect on October 1, 1988);
       ``(2) for projects that will contribute significantly to 
     directly improving teaching and learning practices in the 
     local community; and
       ``(3) for projects that will--
       ``(A) provide for a comprehensive approach to enhancing 
     gender equity in educational institutions and agencies;
       ``(B) draw on a variety of resources, including local 
     educational agencies, community-based organizations, 
     institutions of higher education, and private organizations;
       ``(C) implement a strategy with long-term impact that will 
     continue as a central activity of the applicant after the 
     grant has terminated; and
       ``(D) address issues of national significance that can be 
     duplicated.
       ``(c) Limitation.--Nothing in this part shall be construed 
     as prohibiting men and boys from participating in any 
     programs or activities assisted under this part.

     ``SEC. 8455. CRITERIA AND PRIORITIES.

       ``The Secretary shall establish separate criteria and 
     priorities for awards under paragraphs (1) and (2) of section 
     8453 to ensure that available funds are used for programs 
     that most effectively will achieve the purposes of this part.

     ``SEC. 8456. REPORT.

       ``The Secretary, by January 1, 1999, shall submit to the 
     President and the Congress a report on the status of 
     educational equity for girls and women in the Nation.

     ``SEC. 8457. EVALUATION AND DISSEMINATION.

       ``(a) Evaluation and Dissemination.--The Secretary shall 
     evaluate in accordance with section 10701, and disseminate, 
     materials and programs developed under this part and shall 
     report to the Congress regarding such evaluation materials 
     and programs by January 1, 1998.
       ``(b) Use of Program Funds.--The Secretary is authorized to 
     use funds appropriated under section 8458 to gather and 
     disseminate information about emerging issues concerning 
     gender equity and, if necessary, to convene meetings for this 
     purpose.
       ``(c) Program Operations.--The Secretary shall ensure that 
     the programs under this part are administered within the 
     Department by a person who has recognized professional 
     qualifications and experience in the field of gender equity 
     education and who shall serve as a focal point of national 
     leadership and information on mechanisms to carry out the 
     purpose of this part.

     ``SEC. 8458. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $2,000,000 for fiscal year 1995 
     and such sums as may be necessary for each of the 4 
     succeeding fiscal years, of which not less than two-thirds of 
     the amount appropriated under this section for each fiscal 
     year shall be available to carry out the activities described 
     in section 8453(1).

            ``PART H--FUND FOR THE IMPROVEMENT OF EDUCATION

     ``SEC. 8501. FUND FOR THE IMPROVEMENT OF EDUCATION.

       ``(a) Fund Authorized.--From funds appropriated under 
     subsection (d), the Secretary is authorized to support 
     nationally significant programs and projects to improve the 
     quality of education, assist all students to meet challenging 
     State content standards and challenging State student 
     performance standards, and contribute to achievement of the 
     National Education Goals. The Secretary is authorized to 
     carry out such programs and projects directly or through 
     grants to, or contracts with, State and local educational 
     agencies, institutions of higher education, and other public 
     and private agencies, organizations, and institutions.
       ``(b) Uses of Funds.--
       ``(1) In general.--Funds provided under this section may be 
     used for--
       ``(A) activities that will promote systemic education 
     reform at the State and local levels, such as--
       ``(i) developing and evaluating strategies for eliminating 
     ability grouping practices and developing policies and 
     programs that place all students on a college-preparatory 
     path of study, particularly in academic fields such as 
     mathematics, science, English, and social studies, including 
     comprehensive inservice programs for teachers and counselors 
     and academic enrichment programs that supplement regular 
     courses for students;
       ``(ii) developing and evaluating programs that directly 
     involve parents and family members in the academic progress 
     of their children;
       ``(iii) developing and evaluating strategies for 
     integrating instruction and assessment such that teachers and 
     administrators can focus on what students should know and be 
     able to do at particular grade levels, which instruction 
     shall promote the synthesis of knowledge, encourage the 
     development of problem-solving skills drawing on a vast range 
     of disciplines, and promote the development of higher order 
     thinking by all students;
       ``(iv) developing and evaluating strategies for supporting 
     professional development for teachers across all disciplines 
     and for guidance counselors and administrators, including 
     inservice training that improves the skills of counselors and 
     administrators in working with students from diverse 
     populations;
       ``(v) research and development related to challenging State 
     content standards and challenging State student performance 
     standards for student learning; and
       ``(vi) the development and evaluation of model strategies 
     for assessment of student learning, professional development 
     for teachers and administrators, parent and community 
     involvement, and other aspects of systemic reform;
       ``(B) demonstrations at the State and local levels that are 
     designed to yield nationally significant results, including 
     approaches to public school choice and school based 
     decisionmaking;
       ``(C) joint activities with other Federal agencies, such as 
     the National Science Foundation, the Department of Health and 
     Human Services, and the Department of Labor, and with 
     institutions of higher education, to assist the effort to 
     achieve the National Education Goals, including activities 
     related to improving the transition from preschool to school 
     and from school to work, as well as activities related to the 
     integration of education and health and social services;
       ``(D) activities to promote and evaluate counseling and 
     mentoring for students, including intergenerational 
     mentoring;
       ``(E) activities to promote and evaluate coordinated pupil 
     services programs;
       ``(F) activities to promote comprehensive health education;
       ``(G) activities to promote environmental education;
       ``(H) activities to promote programs to assist students to 
     demonstrate competence in foreign languages;
       ``(I) studies and evaluation of various education reform 
     strategies and innovations being pursued by the Federal 
     Government, States, and local educational agencies;
       ``(J) activities to promote metric education;
       ``(K) activities to promote consumer education, such as 
     saving, investing, and entrepreneurial education;
       ``(L) activities to promote experiential-based learning, 
     such as service-learning;
       ``(M) activities to promote scholar-athlete competitions;
       ``(N) activities to promote child abuse education and 
     prevention programs;
       ``(O) activities to raise standards and expectations for 
     academic achievement among all students, especially 
     disadvantaged students traditionally underserved in schools;
       ``(P) activities to provide the academic support, 
     enrichment and motivation to enable all students to reach 
     such standards;
       ``(Q) programs designed to promote gender equity in 
     education by evaluating and eliminating gender bias in 
     instruction and educational materials, identifying and 
     analyzing gender inequities in educational practices, and 
     implementing and evaluating educational policies and 
     practices designed to achieve gender equity; and
       ``(R) other programs and projects that meet the purposes of 
     this section.
       ``(2) Additional uses.--The Secretary may also use funds 
     provided under this section to complete the project periods 
     for direct grants or contracts awarded under the provisions 
     of the Elementary and Secondary Education Act of 1965, part B 
     of title III of the Augustus F. Hawkins-Robert T. Stafford 
     Elementary and Secondary School Improvement Amendments of 
     1988, or title III of the Education for Economic Security 
     Act, as such Acts were in effect on the day preceding the 
     date of enactment of the Improving America's Schools Act of 
     1994.
       ``(c) Awards.--
       ``(1) In general.--The Secretary may--
       ``(A) make awards under this section on the basis of 
     competitions announced by the Secretary; and
       ``(B) support meritorious unsolicited proposals.
       ``(2) Special rule.--The Secretary shall ensure that 
     programs, projects, and activities supported under this 
     section are designed so that their effectiveness is readily 
     ascertainable.
       ``(3) Peer review.--The Secretary shall use a peer review 
     process in reviewing applications for grants under this 
     section and may use funds appropriated under subsection (d) 
     for the cost of such peer review.
       ``(d) Authorization.--For the purpose of carrying out this 
     section, there are authorized to be appropriated $35,000,000 
     for fiscal year 1995 and such sums as may be necessary for 
     each of the 4 succeeding fiscal years.

                     ``PART I--BLUE RIBBON SCHOOLS

     ``SEC. 8551. BLUE RIBBON SCHOOLS PROGRAM.

       ``(a) General Authority.--Subject to subsection (d), the 
     Secretary is authorized to carry out programs to recognize 
     elementary and secondary schools or programs which have 
     established standards of excellence and which have 
     demonstrated a high level of quality. Such programs shall be 
     designated as `Blue Ribbon Schools'. In selecting schools and 
     programs to be recognized, the Secretary shall competitively 
     select public and private schools or programs within local 
     educational agencies in the States, schools operated for 
     Indian children by the Department of the Interior, and 
     schools operated by the Department of Defense for dependents 
     of Department of Defense personnel.
       ``(b) Selection Process.--
       ``(1) In general.--The Secretary shall designate, each 
     fiscal year, several categories for a Blue Ribbon Schools 
     program. Such categories may include, but shall not be 
     limited to, outstanding elementary schools, outstanding 
     secondary schools, outstanding mathematics and science 
     programs, or outstanding reading programs.
       ``(2) Selection.--Within each category, the Secretary shall 
     determine the criteria and procedures for selection. 
     Selection for such awards shall be based solely on merit. 
     Schools or programs selected for awards under this section 
     shall not be required to be representative of the States.
       ``(c) Administrative Provisions.--
       ``(1) Consultation.--The Secretary shall carry out the 
     provisions of this section including the establishment of the 
     selection procedures, after consultation with appropriate 
     outside parties.
       ``(2) Application.--No award may be made under this section 
     unless the local educational agency submits an application to 
     the Secretary at such time, in such manner, and containing 
     such information, as the Secretary may reasonably require.
       ``(3) Definition.--For the purposes of this section, the 
     term `State' means each of the several States, the District 
     of Columbia, and the Commonwealth of Puerto Rico.
       ``(d) Blue Ribbon Awards for Correctional Education 
     Programs.--The Secretary, through nominations provided by the 
     Office on Correctional Education after consultation with 
     representatives of correctional education organizations and 
     others active in literacy education, shall annually make one 
     or more awards under this section to effective and innovative 
     programs for inmate education and literacy.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated $1,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this section.

          ``PART J--NATIONAL STUDENT AND PARENT MOCK ELECTION

     ``SEC. 8601. NATIONAL STUDENT AND PARENT MOCK ELECTION.

       ``(a) In General.--The Secretary is authorized to award 
     grants in every election year to national nonprofit, 
     nonpartisan organizations that work to promote voter 
     participation in American elections to enable such 
     organizations to carry out voter education activities for 
     students and their parents. Such activities shall--
       ``(1) be limited to simulated national elections that 
     permit participation by students and parents from all 50 
     States in the United States; and
       ``(2) consist of--
       ``(A) school forums and local cable call-in shows on the 
     national issues to be voted upon in an `issue forum';
       ``(B) speeches and debates before students and parents by 
     local candidates or stand-ins for such candidates;
       ``(C) quiz team competitions, mock press conferences and 
     speechwriting competitions;
       ``(D) weekly meetings to follow the course of the campaign; 
     or
       ``(E) school and neighborhood campaigns to increase voter 
     turnout, including newsletters, posters, telephone chains, 
     and transportation.
       ``(b) Requirement.--Each organization receiving a grant 
     under this section shall present awards to outstanding 
     student and parent mock election projects.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated $125,000 for each of the fiscal 
     years 1995 through 1999 to carry out this section.

          ``PART K--ELEMENTARY SCHOOL COUNSELING DEMONSTRATION

     ``SEC. 8651. SHORT TITLE.

       ``This part may be cited as the `Elementary School 
     Counseling Demonstration Act'.

     ``SEC. 8652. FINDINGS AND PURPOSE.

       ``(a) Findings.--The Congress finds that--
       ``(1) elementary school children are being subjected to 
     unprecedented social stresses, including fragmentation of the 
     family, drug and alcohol abuse, child abuse, poverty, and 
     violence, and experts indicate that intervention at an early 
     age is the most beneficial;
       ``(2) an increasing number of elementary school children 
     are exhibiting symptoms of distress, such as substance abuse, 
     emotional disorders, academic underachievement, disruptive 
     behavior, juvenile delinquency, and suicide;
       ``(3) elementary school counselors, school psychologists 
     and school social workers can contribute to the personal 
     growth, educational development, and emotional well-being of 
     elementary school children by providing professional 
     counseling, intervention, and referral services;
       ``(4) the average ratio of elementary school counselors to 
     students is 1 to 1,000, the average ratio of school 
     psychologists to students is 1 to 2,500, and the average 
     ratio of school social workers to students is 1 to 2,500;
       ``(5) when there is 1 counselor to 1,000 students, 1 school 
     psychologist to 2,500 students, and 1 school social worker to 
     2,500 students, elementary school counseling programs are 
     seldom adequate;
       ``(6) the Federal Government can help reduce the risk of 
     academic, social, and emotional problems among elementary 
     school children by stimulating the development of model 
     elementary school counseling programs; and
       ``(7) the Federal Government can help reduce the risk of 
     future unemployment and assist the school-to-work transition 
     by stimulating the development of model elementary school 
     counseling programs.
       ``(b) Purpose.--It is the purpose of this part to enhance 
     the availability and quality of counseling services for 
     elementary school children by providing grants to local 
     educational agencies to enable such agencies to establish 
     effective and innovative elementary school counseling 
     programs that can serve as national models.

     ``SEC. 8653. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $10,000,000 for 
     fiscal year 1995, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years, to carry out this part.

     ``SEC. 8654. PROGRAM AUTHORITY.

       ``(a) In General.--From amounts appropriated pursuant to 
     the authority of section 8653 in any fiscal year, the 
     Secretary shall make grants to local educational agencies 
     having applications approved under section 8655 to initiate 
     or expand school counseling programs for elementary school 
     children.
       ``(b) Priority.--In awarding grants under this part, the 
     Secretary shall give special consideration to applications 
     describing programs that--
       ``(1) demonstrate the greatest need for new or additional 
     counseling services among the children in the elementary 
     schools served by the applicant;
       ``(2) propose the most promising and innovative approaches 
     for initiating or expanding elementary school counseling; and
       ``(3) show the greatest potential for replication and 
     dissemination.
       ``(c) Equitable Distribution.--In awarding grants under 
     this part, the Secretary shall ensure an equitable geographic 
     distribution among the regions of the United States and among 
     urban, suburban, and rural areas.
       ``(d) Duration.--A grant under this part shall be awarded 
     for a period not to exceed 3 years.
       ``(e) Maximum Grant.--A grant under this part shall not 
     exceed $400,000 for any fiscal year.

     ``SEC. 8655. APPLICATIONS.

       ``(a) In General.--Each local educational agency desiring a 
     grant under this part shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       ``(b) Notification of State Educational Agency.--Before 
     submitting an application to the Secretary in accordance with 
     subsection (a), a local educational agency shall provide the 
     State educational agency with an opportunity to review and 
     comment on the program described in such application. The 
     comments of the State educational agency shall be appended to 
     the application upon submission of the application to the 
     Secretary.
       ``(c) Contents.--Each application for a grant under this 
     part shall--
       ``(1) describe the elementary school population to be 
     targeted by the program, the particular personal, social, 
     emotional, educational, and career development needs of such 
     population, and the current school counseling resources 
     available for meeting such needs;
       ``(2) describe the activities, services, and training to be 
     provided by the program and the specific approaches to be 
     used to meet the needs described in paragraph (1);
       ``(3) describe the methods to be used to evaluate the 
     outcomes and effectiveness of the program;
       ``(4) describe the collaborative efforts to be undertaken 
     with institutions of higher education, businesses, labor 
     organizations, community groups, social service agencies, and 
     other public or private entities to enhance the program and 
     promote school-linked services integration;
       ``(5) describe collaborative efforts with institutions of 
     higher education which specifically seek to enhance or 
     improve graduate programs specializing in the preparation of 
     elementary school counselors, school psychologists, and 
     school social workers;
       ``(6) document that the applicant has the personnel 
     qualified to develop, implement, and administer the program;
       ``(7) describe how any diverse cultural populations, if 
     applicable, would be served through the program;
       ``(8) assure that the funds made available under this part 
     for any fiscal year will be used to supplement and, to the 
     extent practicable, increase the level of funds that would 
     otherwise be available from non-Federal sources for the 
     program described in the application, and in no case supplant 
     such funds from non-Federal sources; and
       ``(9) assure that the applicant will appoint an advisory 
     board composed of parents, school counselors, school 
     psychologists, school social workers, other pupil services 
     personnel, teachers, school administrators, and community 
     leaders to advise the local educational agency on the design 
     and implementation of the program.

     ``SEC. 8656. USE OF FUNDS.

       ``(a) In General.--Grant funds under this part shall be 
     used to initiate or expand elementary school counseling 
     programs that comply with the requirements in subsection (b).
       ``(b) Program Requirements.--Each program assisted under 
     this part shall--
       ``(1) be comprehensive in addressing the personal, social, 
     emotional, and educational needs of all students;
       ``(2) use a developmental, preventive approach to 
     counseling;
       ``(3) increase the range, availability, quantity, and 
     quality of counseling services in the elementary schools of 
     the local educational agency;
       ``(4) expand counseling services only through qualified 
     school counselors, school psychologists, and school social 
     workers;
       ``(5) use innovative approaches to increase children's 
     understanding of peer and family relationships, work and 
     self, decisionmaking, academic and career planning, or to 
     improve social functioning;
       ``(6) provide counseling services that are well-balanced 
     among classroom group and small group counseling, individual 
     counseling, and consultation with parents, teachers, 
     administrators, and other pupil services personnel;
       ``(7) include inservice training for school counselors, 
     school social workers, school psychologists, other pupil 
     services personnel, teachers, and instructional staff;
       ``(8) involve parents of participating students in the 
     design, implementation, and evaluation of a counseling 
     program;
       ``(9) involve collaborative efforts with institutions of 
     higher education, businesses, labor organizations, community 
     groups, social service agencies, or other public or private 
     entities to enhance the program and promote school-linked 
     services integration; and
       ``(10) evaluate annually the effectiveness and outcomes of 
     the counseling services and activities assisted under this 
     part.
       ``(c) Report.--The Secretary shall issue a report 
     evaluating the programs assisted pursuant to each grant under 
     this section at the end of each grant period in accordance 
     with section 10701, but in no case later than January 30, 
     1998.
       ``(d) Dissemination.--The Secretary shall make the programs 
     assisted under this part available for dissemination, either 
     through the National Diffusion Network or other appropriate 
     means.
       ``(e) Limit on Administration.--Not more than 5 percent of 
     the amounts appropriated pursuant to the authority of section 
     8653 in any fiscal year shall be used to carry out the 
     provisions of this section.

     ``SEC. 8657. DEFINITIONS.

       ``For purposes of this part--
       ``(1) the term `comprehensive' means, with respect to 
     counseling services, a program in which--
       ``(A) a school counselor, school psychologist, or school 
     social worker uses a range of individual and group techniques 
     and resources in a planned way to meet the personal, social, 
     emotional, educational, and career development needs of all 
     elementary children in a school; and
       ``(B) a school counselor, school psychologist, or school 
     social worker works directly with children, families, 
     teachers, and other school or agency personnel to create an 
     optimal positive learning environment and personal growth 
     opportunities for all children;
       ``(2) the term `developmental' means, with respect to a 
     school counseling program, a systematically planned program 
     that--
       ``(A) provides appropriate school counseling interventions 
     to foster the social, emotional, physical, moral, and 
     cognitive growth of elementary school children;
       ``(B) provides intervention services to help children cope 
     with family, social, emotional, and academic problems; and
       ``(C) supports and enhances the efforts of families, 
     teachers, and other school personnel to provide children 
     maximum opportunity to acquire competence and skill in self-
     understanding and appreciation, interpersonal interaction, 
     and educational achievement and literacy;
       ``(3) the term `school counselor' means an individual who 
     has documented competence in counseling children and 
     adolescents in a school setting and who--
       ``(A) possesses State licensure or certification granted by 
     an independent professional regulatory authority;
       ``(B) in the absence of such State licensure or 
     certification, possesses national certification in school 
     counseling or a specialty of counseling granted by an 
     independent professional organization; or
       ``(C) holds a minimum of a master's degree in school 
     counseling from a program accredited by the Council for 
     Accreditation of Counseling and Related Educational Programs 
     or the equivalent;
       ``(4) the term `school psychologist' means an individual 
     who--
       ``(A) possesses a minimum of 60 graduate semester hours in 
     school psychology from an institution of higher education and 
     has completed 1,200 clock hours in a supervised school 
     psychology internship, of which 600 hours shall be in the 
     school setting; and
       ``(B) possess State licensure or certification in the State 
     in which the individual works; or
       ``(C) in the absence of such State licensure or 
     certification, possess national certification by the National 
     School Psychology Certification Board;
       ``(5) the term `school social worker' means an individual 
     who holds a master's degree in social work and is licensed or 
     certified by the State in which services are provided or 
     holds a school social work specialist credential; and
       ``(6) the term `supervisor' means an individual who has the 
     equivalent number of years of professional experience in such 
     individual's respective discipline as is required of teaching 
     experience for the supervisor or administrative credential in 
     the State of such individual.

           ``PART L--21ST CENTURY COMMUNITY LEARNING CENTERS

     ``SEC. 8701. SHORT TITLE.

       ``This part may be cited as the `21st Century Community 
     Learning Centers Act'.

     ``SEC. 8702. FINDINGS.

       ``The Congress finds that--
       ``(1) a local public school often serves as a center for 
     the delivery of education and human services for all members 
     of a community;
       ``(2) public schools, primarily in rural and inner city 
     communities, should collaborate with other public and 
     nonprofit agencies and organizations, local businesses, 
     educational entities (such as vocational and adult education 
     programs, school-to-work programs, community colleges, and 
     universities), recreational, cultural, and other community 
     and human service entities, for the purpose of meeting the 
     needs of, and expanding the opportunities available to, the 
     residents of the communities served by such schools;
       ``(3) by using school facilities, equipment, and resources, 
     communities can promote a more efficient use of public 
     education facilities, especially in rural and inner city 
     areas where limited financial resources have enhanced the 
     necessity for local public schools to become social service 
     centers;
       ``(4) the high technology, global economy of the 21st 
     century will require lifelong learning to keep America's 
     workforce competitive and successful, and local public 
     schools should provide centers for lifelong learning and 
     educational opportunities for individuals of all ages; and
       ``(5) community schools enable the entire communities to 
     develop an education strategy that addresses the educational 
     needs of all members of local communities.

     ``SEC. 8703. PROGRAM AUTHORIZATION.

       ``(a) Grants by the Secretary.--The Secretary is 
     authorized, in accordance with the provisions of this part, 
     to award grants to rural and inner-city public elementary or 
     secondary schools, or consortia thereof, to enable such 
     schools or consortia to plan, implement, or to expand 
     projects that benefit the educational, health, social 
     service, cultural, and recreational needs of a rural or 
     inner-city community.
       ``(b) Amount.--The Secretary shall not award a grant under 
     this part in any fiscal year in an amount less than $20,000.
       ``(c) Grant Period.--The Secretary shall award grants under 
     this part for a period not to exceed 3 years.
       ``(d) Equitable Distribution.--In awarding grants under 
     this part, the Secretary shall assure an equitable 
     distribution of assistance among the States, among urban and 
     rural areas of the United States, and among urban and rural 
     areas of a State.

     ``SEC. 8704. APPLICATION REQUIRED.

       ``(a) Application.--To be eligible to receive a grant under 
     this part, an elementary or secondary school or consortium 
     shall submit an application to the Secretary at such time and 
     in such manner as the Secretary may reasonably prescribe. 
     Each such application shall include--
       ``(1) a comprehensive local plan that enables such school 
     or consortium to serve as a center for the delivery of 
     education and human services for members of a community;
       ``(2) an evaluation of the needs, available resources, and 
     goals and objectives for the proposed project in order to 
     determine which activities will be undertaken to address such 
     needs; and
       ``(3) a description of the proposed project, including--
       ``(A) a description of the mechanism that will be used to 
     disseminate information in a manner that is understandable 
     and accessible to the community;
       ``(B) identification of Federal, State, and local programs 
     to be merged or coordinated so that public resources may be 
     maximized;
       ``(C) a description of the collaborative efforts to be 
     undertaken by community-based organizations, related public 
     agencies, businesses, or other appropriate organizations;
       ``(D) a description of how the school or consortium will 
     act as a delivery center for existing and new services; and
       ``(E) an assurance that the school or consortium will 
     establish a facility utilization policy that specifically 
     states--
       ``(i) the rules and regulations applicable to building and 
     equipment use; and
       ``(ii) supervision guidelines.
       ``(b) Priority.--The Secretary shall give priority to 
     applications describing projects that offer a broad selection 
     of services.

     ``SEC. 8705. USES OF FUNDS.

       ``Grants awarded under this part may be used to plan, 
     implement, or expand community learning centers which include 
     not less than 4 of the following activities:
       ``(1) Literacy education programs.
       ``(2) Senior citizen programs.
       ``(3) Children's day care services.
       ``(4) Integrated education, health, social service, 
     recreational, or cultural programs.
       ``(5) Summer and weekend school programs that are 
     coordinated with summer recreation programs.
       ``(6) Nutrition programs.
       ``(7) Expanded library service hours to serve community 
     needs.
       ``(8) Telecommunications and technology education programs 
     for individuals of all ages.
       ``(9) Parenting skills education programs.
       ``(10) Support and training for child day care providers.
       ``(11) Employment counseling, training, and placement.
       ``(12) Services for individuals who leave school before 
     graduating from secondary school, regardless of the age of 
     such individual.
       ``(13) Services for individuals who are either physically 
     or mentally challenged.

     ``SEC. 8706. DEFINITIONS.

       ``For the purpose of this part, the term `community 
     learning center' means an entity within a public elementary 
     or secondary school building that--
       ``(1) provides educational, recreational, health, and 
     social service programs for residents of all ages within a 
     local community; and
       ``(2) is operated by a local educational agency in 
     conjunction with local governmental agencies, businesses, 
     vocational education programs, community colleges, and 
     cultural, recreational, and other community and human service 
     entities.

     ``SEC. 8707. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $20,000,000 for 
     fiscal year 1995, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years, to carry out this part.

                        ``PART M--MODEL PROJECTS

     ``SEC. 8751. MODEL PROJECTS.

       ``(a) Program Authorized.--The Secretary is authorized to 
     award grants to cultural institutions to enable such 
     institutions to develop and expand model projects of outreach 
     activities for at-risk children in the communities served by 
     such institutions, including activities which integrate such 
     institution's cultural programming with other disciplines, 
     including environmental, mathematics, and science programs.
       ``(b) Priority.--In awarding grants under this section the 
     Secretary shall give priority to activities that are part of 
     an overall State, local, and private commitment, seek to 
     improve learning for at-risk youth, and are substantially 
     funded by State, local, or private funds.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated $5,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this part.

                 ``PART N--EXTENDING TIME FOR LEARNING

     ``SEC. 8801. FINDINGS.

       ``The Congress finds that--
       ``(1) the Commission on Time and Learning has found that--
       ``(A) realizing the third National Education Goal, that 
     states all students will leave grades four, eight and twelve 
     having demonstrated competency in challenging subject matter, 
     including English, mathematics, science, foreign languages, 
     civics and government, economics, arts, history, and 
     geography, will require considerably more common core 
     learning time than most students now receive;
       ``(B) ensuring that all students learn to high standards 
     will require flexibility and innovation in the use of common 
     core learning time, as well as the rest of the time students 
     spend both during and beyond the school day;
       ``(C) teachers need regular, sustained time for lesson 
     development, collegial collaboration and other professional 
     development; and
       ``(D) schools, businesses, community-based organizations, 
     tribal leaders, and other community agencies and members 
     should work together to foster effective learning and 
     enrichment programs and activities for students, including 
     programs that operate outside of the regular school day or 
     year;
       ``(2) increasing the amount and duration of intensive, 
     engaging and challenging learning activities geared to high 
     standards can increase student motivation and achievement;
       ``(3) the benefits of extending learning time, including 
     common core instructional time, can be maximized by 
     concurrent changes in curriculum and instruction, such as 
     accelerated learning, and engaging, interactive instruction 
     based on challenging content; and
       ``(4) maximizing the benefit of increased common core and 
     other learning time will require the collaboration and 
     cooperation of teachers and administrators, students, 
     parents, community members and organizations, businesses and 
     others to develop strategies to meet the needs of students 
     during and beyond the school day and year.

     ``SEC. 8802. PURPOSE.

       ``It is the purpose of this part to provide seed money to 
     schools and local educational agencies to enable such 
     agencies to devise and implement strategies and methods for 
     upgrading the quality of, and extending, challenging, 
     engaging learning time geared to high standards for all 
     students.

     ``SEC. 8803. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to award 
     grants to local educational agencies having applications 
     approved under section 8804 to enable such agencies to carry 
     out the authorized activities described in section 8805 in 
     public elementary and secondary schools.
       ``(b) Amount.--Each grant under subsection (a) shall be 
     awarded in an amount not more than $100,000.
       ``(c) Duration.--Each grant under subsection (a) shall be 
     awarded for a period of not more than 3 years.

     ``SEC. 8804. APPLICATION.

       ``Each local educational agency desiring a grant under this 
     part shall submit an application to the Secretary at such 
     time, in such manner, and accompanied by such information as 
     the Secretary may require. Each such application shall 
     describe--
       ``(1) the activities for which assistance is sought;
       ``(2) any study or other information-gathering project for 
     which funds will be used;
       ``(3) strategies and methods the applicant will use to 
     enrich and extend learning time for all students and to 
     maximize the percentage of common core learning time in the 
     school day, such as block scheduling, team teaching, longer 
     school days or years, and extending learning time through new 
     distance-learning technologies;
       ``(4) the strategies and methods the applicant will use, 
     including changes in curriculum and instruction, to challenge 
     and engage students and to maximize the productiveness of 
     common core learning time, as well as the total time students 
     spend in school and in school-related enrichment activities;
       ``(5) the extent of involvement of teachers and other 
     school personnel in investigating, designing, implementing 
     and sustaining the activities assisted under this part;
       ``(6) the process to be used for involving parents and 
     other stakeholders in the development and implementation of 
     the activities assisted under this part;
       ``(7) any cooperation or collaboration among public housing 
     authorities, libraries, businesses, museums, community-based 
     organizations, and other community groups and organizations 
     to extend engaging, high-quality, standards-based learning 
     time outside of the school day or year, at the school or at 
     some other site;
       ``(8) the training and professional development activities 
     that will be offered to teachers and others involved in the 
     activities assisted under this part;
       ``(9) the goals and objectives of the activities assisted 
     under this part, including a description of how such 
     activities will assist all students to reach State standards;
       ``(10) the methods by which the applicant will assess 
     progress in meeting such goals and objectives; and
       ``(11) how the applicant will use funds provided under this 
     part in coordination with other funds provided under this Act 
     or other Federal laws.

     ``SEC. 8805. AUTHORIZED ACTIVITIES.

       ``Funds under this part may be used--
       ``(1) to study the feasibility of, and effective methods 
     for, extending learning time within or beyond the school day 
     or year, including consultation with other schools or local 
     educational agencies that have designed or implemented 
     extended learning time programs;
       ``(2) to conduct outreach to and consult with community 
     members, including parents, students, and other stakeholders, 
     such as tribal leaders, to develop a plan to extend learning 
     time within or beyond the school day or year;
       ``(3) to develop and implement an outreach strategy that 
     will encourage collaboration with public housing authorities, 
     libraries, businesses, museums, community-based 
     organizations, and other community groups and organizations 
     to coordinate challenging, high-quality educational 
     activities outside of the school day or year;
       ``(4) to research, develop and implement strategies, 
     including changes in curriculum and instruction, for 
     maximizing the quality and percentage of common core learning 
     time in the school day and extending learning time during or 
     beyond the school day or year;
       ``(5) to provide professional development for school staff 
     in innovative teaching methods that challenge and engage 
     students, and also increase the productivity of extended 
     learning time; and
       ``(6) to develop strategies to include parents, business 
     representatives, and other community members in the extended 
     time activities, especially as facilitators of activities 
     that enable teachers to have more time for planning, 
     individual student assistance, and professional development 
     activities.

     ``SEC. 8806. ADMINISTRATION.

       ``(a) Peer Review.--The Secretary shall award grants under 
     this part pursuant to a peer review process.
       ``(b) Diversity.--In awarding grants under this part the 
     Secretary shall ensure that such grants are awarded to a 
     diversity of local educational agencies, including such 
     agencies that serve rural and urban areas.
       ``(c) Priority.--The Secretary shall give priority to 
     awarding grants under this part to local educational agencies 
     that serve schools with high percentages of students in 
     poverty.

     ``SEC. 8807. DEFINITIONS.

       ``For the purpose of this part the term `common core 
     learning time' means high-quality, engaging instruction in 
     challenging content in each of the following core academic 
     subjects described in the third National Education Goal:
       ``(1) English.
       ``(2) Mathematics.
       ``(3) Science.
       ``(4) Foreign languages.
       ``(5) Civics and government.
       ``(6) Economics.
       ``(7) Arts.
       ``(8) History.
       ``(9) Geography.

     ``SEC. 8808. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $20,000,000 for 
     fiscal year 1995, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years, to carry out this part.

            ``PART O--CREATING SMALLER LEARNING COMMUNITIES

     ``SEC. 8851. FINDINGS.

       ``The Congress finds that--
       ``(1) smaller school communities can have a significant, 
     positive impact on student achievement, including grade 
     promotion, school attendance and motivation;
       ``(2) large schools can benefit from reorganization into 
     smaller learning communities, such as schools-within-schools; 
     and
       ``(3) smaller learning communities can provide students 
     with a variety of educational options based on various 
     themes, while providing all students engaging, innovative 
     instruction in challenging curricula that will enable such 
     communities to meet State standards.

     ``SEC. 8852. PURPOSE.

       ``It is the purpose of this part to improve the quality and 
     effectiveness of teaching and learning by encouraging and 
     supporting school and school district efforts to create 
     smaller schools, including those that exist as schools-
     within-schools.

     ``SEC. 8853. PROGRAM AUTHORIZED.

       ``(a) In General.--The Secretary is authorized to award 
     grants to local educational agencies having applications 
     approved under section 8854 to enable such agencies to carry 
     out the authorized activities described in section 8855 in 
     public elementary and secondary schools.
       ``(b) Amount.--Each grant under subsection (a) shall be 
     awarded in an amount not more than $100,000.
       ``(c) Duration.--Each grant under subsection (a) shall be 
     awarded for a period of not more than 3 years.

     ``SEC. 8854. APPLICATION.

       ``Each local educational agency desiring a grant under this 
     part shall submit an application to the Secretary at such 
     time, in such manner, and accompanied by such information as 
     the Secretary may require. Each such application shall 
     describe--
       ``(1) strategies and methods the applicant will use to 
     create the smaller learning community or communities;
       ``(2) curriculum and instructional practices, including any 
     particular themes or emphases, to be used in the learning 
     environment;
       ``(3) the extent of involvement of teachers and other 
     school personnel in investigating, designing, implementing 
     and sustaining the smaller learning community or communities;
       ``(4) the process to be used for involving students, 
     parents and other stakeholders in the development and 
     implementation of the smaller learning community or 
     communities;
       ``(5) any cooperation or collaboration among community 
     agencies, organizations, businesses, and others to develop or 
     implement a plan to create the smaller learning community or 
     communities;
       ``(6) the training and professional development activities 
     that will be offered to teachers and others involved in the 
     activities assisted under this part;
       ``(7) the goals and objectives of the activities assisted 
     under this part, including a description of how such 
     activities will better enable all students to reach 
     challenging State content standards and State student 
     performance standards;
       ``(8) the methods by which the applicant will assess 
     progress in meeting such goals and objectives;
       ``(9) if the smaller learning community or communities 
     exist as a school-within-a-school, the relationship, 
     including governance and administration, of the smaller 
     learning community to the rest of the school;
       ``(10) a description of the administrative and managerial 
     relationship between the local educational agency and the 
     smaller learning community or communities, including how such 
     agency will demonstrate a commitment to the continuity of the 
     smaller learning community or communities, including the 
     continuity of student and teacher assignment to a particular 
     learning community;
       ``(11) how the applicant will coordinate or use funds 
     provided under this part with other funds provided under this 
     Act or other Federal laws;
       ``(12) grade levels or ages of students who will 
     participate in the smaller learning community or communities; 
     and
       ``(13) the method of placing students in the smaller 
     learning community or communities, such that students are not 
     placed according to ability, performance or any other 
     measure, so that students are placed at random or by their 
     own choice, not pursuant to testing or other judgments.

     ``SEC. 8855. AUTHORIZED ACTIVITIES.

       ``Funds under this part may be used--
       ``(1) to study the feasibility of creating the smaller 
     learning community or communities as well as effective and 
     innovative organizational and instructional strategies that 
     will be used in the smaller learning community or 
     communities;
       ``(2) to research, develop and implement strategies for 
     creating the smaller learning community or communities, as 
     well as effective and innovative changes in curriculum and 
     instruction, geared to high State content standards and State 
     student performance standards;
       ``(3) to provide professional development for school staff 
     in innovative teaching methods that challenge and engage 
     students to be used in the smaller learning community or 
     communities; and
       ``(4) to develop and implement strategies to include 
     parents, business representatives, local institutions of 
     higher education, community-based organizations, and other 
     community members in the smaller learning communities, as 
     facilitators of activities that enable teachers to 
     participate in professional development activities, as well 
     as to provide links between students and their community.

     ``SEC. 8856. ADMINISTRATION.

       ``(a) Peer Review.--The Secretary shall award grants under 
     this part pursuant to a peer review process.
       ``(b) Diversity.--In awarding grants under this part the 
     Secretary shall ensure that such grants are awarded to a 
     diversity of local educational agencies, including such 
     agencies that serve rural and urban areas.
       ``(c) Priority.--The Secretary shall give priority to 
     awarding grants under this part to local educational agencies 
     that serve schools with high percentages of students in 
     poverty.
       ``(d) Special Rule.--In awarding grants under this part, 
     the Secretary shall ensure that such grants are awarded for 
     authorized activities described in section 8855 that serve a 
     diversity of grade spans.

     ``SEC. 8857. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $20,000,000 for 
     fiscal year 1995, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years, to carry out this part.
                      ``TITLE IX--SPECIAL PROGRAMS

                          ``PART A--IMPACT AID

     ``SEC. 9001. FINDINGS.

       ``The Congress finds that--
       ``(1) certain activities of the Federal Government place a 
     financial burden on the local educational agencies serving 
     areas where such activities are carried out; and
       ``(2) it is the shared responsibility of the Federal 
     Government, the States, and local educational agencies to 
     provide for the education of children connected to those 
     activities.

     ``SEC. 9002. PURPOSE.

       ``In order to fulfill the Federal responsibility to assist 
     with the provision of educational services to federally 
     connected children, and to help such children meet 
     challenging State standards, it is the purpose of this title 
     to provide financial assistance to local educational agencies 
     that--
       ``(1) experience a substantial and continuing financial 
     burden due to the acquisition of real property by the United 
     States;
       ``(2) educate children who reside on Federal property and 
     whose parents are employed on Federal property;
       ``(3) educate children of parents who are in the military 
     services and children who live in low-rent housing;
       ``(4) experience sudden and substantial increases or 
     decreases in enrollments because of military realignments; or
       ``(5) need special assistance with capital expenditures for 
     construction activities because of the enrollments of 
     substantial numbers of children who reside on Indian lands.

     ``SEC. 9003. PAYMENTS RELATING TO FEDERAL ACQUISITION OF REAL 
                   PROPERTY.

       ``(a) In General.--Where the Secretary, after consultation 
     with any local educational agency and with the appropriate 
     State educational agency, determines for a fiscal year ending 
     prior to October 1, 1999--
       ``(1) that the United States owns Federal property in the 
     local educational agency, and that such property--
       ``(A) has been acquired by the United States since 1938;
       ``(B) was not acquired by exchange for other Federal 
     property in the local educational agency which the United 
     States owned before 1939; and
       ``(C) had an assessed value (determined as of the time or 
     times when so acquired) aggregating 10 percent or more of the 
     assessed value of--
       ``(i) all real property in the local educational agency 
     (similarly determined as of the time or times when such 
     Federal property was so acquired); or
       ``(ii) all real property in the local educational agency as 
     assessed in the first year preceding or the year succeeding 
     acquisition, whichever is greater, only if--

       ``(I) the assessment of all real property in the local 
     educational agency is not made at the same time or times that 
     such Federal property was so acquired and assessed; and
       ``(II) State law requires an assessment be made of property 
     so acquired; and

       ``(2) that such agency is not being substantially 
     compensated for the loss in revenue resulting from such 
     ownership by increases in revenue accruing to the agency from 
     the conduct of Federal activities with respect to such 
     Federal property,
     then the local educational agency shall be eligible to 
     receive for such fiscal year such amount as, in the judgment 
     of the Secretary, is equal to the continuing Federal 
     responsibility for the additional financial burden with 
     respect to current expenditures placed on such agency by such 
     acquisition of property.
       ``(b) Amount.--
       ``(1) In general.--(A) The amount that a local educational 
     agency shall be paid under subsection (a) for a fiscal year 
     shall be calculated in accordance with paragraph (2), except 
     that such amount shall be reduced by the Secretary by an 
     amount equal to the amount of revenue, if any, that such 
     agency received from activities conducted on such property 
     during the previous fiscal year.
       ``(B) If funds appropriated under section 9015(a) are 
     insufficient to pay the amount determined under subparagraph 
     (A), the Secretary shall ratably reduce the payment to each 
     eligible local educational agency. In making such a ratable 
     reduction for a local educational agency, the Secretary shall 
     not take into consideration any revenue described in 
     subparagraph (A), except that no local educational agency 
     shall be paid an amount in excess of the amount calculated 
     for such agency under paragraph (2).
       ``(C) Notwithstanding any other provision of this 
     subsection, a local educational agency may not be paid an 
     amount under this section that when added to the amount such 
     agency receives under section 9004(b)(2) exceeds the maximum 
     amount that such agency is eligible to receive for such 
     fiscal year under section 9004(b)(1)(C).
       ``(2) Application of current levied real property tax 
     rate.--In making a determination of the amount that would 
     have been derived in such year under paragraph (1)(A), the 
     Secretary shall apply the current levied real property tax 
     rate for current expenditures levied by fiscally independent 
     local educational agencies or imputed, for fiscally dependent 
     local educational agencies, to the current annually 
     determined aggregate assessed value of such acquired Federal 
     property.
       ``(3) Determination of aggregate assessed value.--Such 
     aggregate assessed value of such acquired Federal property 
     shall be determined (on the basis of the highest and best use 
     of property adjacent to such acquired Federal property as of 
     the time such value is determined), and provided to the 
     Secretary, by the local official responsible for assessing 
     the value of real property located in the jurisdiction of 
     such local educational agency for the purpose of levying a 
     property tax.
       ``(c) Applicability to Tennessee Valley Authority Act.--For 
     the purposes of this section, any real property with respect 
     to which payments are being made under section 13 of the 
     Tennessee Valley Authority Act of 1933 shall not be regarded 
     as Federal property.
       ``(d) Ownership by United States.--The United States shall 
     be deemed to own Federal property for the purposes of this 
     Act, where--
       ``(1) prior to the transfer of Federal property, the United 
     States owned Federal property meeting the requirements of 
     subparagraphs (A), (B), and (C) of subsection (a)(1); and
       ``(2) the United States transfers a portion of the property 
     referred to in paragraph (1) to another nontaxable entity, 
     and the United States--
       ``(A) restricts some or any construction on such property;
       ``(B) requires that the property be used in perpetuity for 
     the public purposes for which the property was conveyed;
       ``(C) requires the grantee of the property to report to the 
     Federal Government (or its agent) regarding information on 
     the use of the property;
       ``(D) except with the approval of the Federal Government 
     (or its agent), prohibits the sale, lease, assignment, or 
     other disposal of the property unless such sale, lease, 
     assignment, or other disposal is to another eligible 
     government agency; and
       ``(E) reserves to the Federal Government a right of 
     reversion at any time the Federal Government (or its agent) 
     deems it necessary for the national defense.
       ``(e) District Containing Forest Service Land and Serving 
     Certain Counties.--Beginning with fiscal year 1995, a school 
     district shall be deemed to meet the requirements of 
     subsection (a)(1)(C) if such school district meets the 
     following requirements:
       ``(1) The school district contains between 20,000 and 
     60,000 acres of land that has been acquired by the Forest 
     Service of the Department of Agriculture between 1915 and 
     1990, as demonstrated by written evidence from the Forest 
     Service satisfactory to the Secretary.
       ``(2) The school district serves a county certified by 
     State law in 1875 or 1890.

     ``SEC. 9004. PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED 
                   CHILDREN.

       ``(a) Computation of Payment.--
       ``(1) In general.--For the purpose of computing the amount 
     that a local educational agency is eligible to receive under 
     subsection (b), (d), or (f) for any fiscal year, the 
     Secretary shall determine the number of children who were in 
     average daily attendance in the schools of such agency, and 
     for whom such agency provided free public education, during 
     the preceding school year and who, while in attendance at 
     such schools--
       ``(A)(i) resided on Federal property with a parent employed 
     on Federal property situated in whole or in part within the 
     boundaries of the school district of such agency; or
       ``(ii) resided on Federal property with a parent who is an 
     official of, and accredited by, a foreign government;
       ``(B) resided on Federal property and had a parent on 
     active duty in the uniformed services (as defined in section 
     101 of title 37, United States Code);
       ``(C) resided on Indian lands;
       ``(D)(i) had a parent on active duty in the uniformed 
     services (as defined by section 101 of title 37, United 
     States Code) but did not reside on Federal property; or
       ``(ii) had a parent who is an official of, and has been 
     accredited by, a foreign government but did not reside on 
     Federal property;
       ``(E) resided in low-rent housing;
       ``(F) resided on Federal property and is not described in 
     subparagraph (A) or (B); or
       ``(G) resided with a parent employed on Federal property 
     situated--
       ``(i) in whole or in part in the county in which the school 
     district of such agency is located, or in whole or in part in 
     the school district of such agency if the school district is 
     located in more than one county; or
       ``(ii) if not in such county or district, in whole or in 
     part in the same State as the school district of such agency.
       ``(2) Determination of weighted student units.--For 
     purposes of computing the basic support payment under 
     subsection (b), the Secretary shall calculate the total 
     number of weighted student units for a local educational 
     agency by adding together the results obtained by the 
     following computations:
       ``(A) Multiply the number of children described in 
     subparagraphs (A) and (B) of paragraph (1) by a factor of 
     1.0.
       ``(B) Multiply the number of children described in 
     paragraph (1)(C) by a factor of 1.25.
       ``(C) Multiply the number of children described in 
     subparagraphs (D) and (E) of paragraph (1) by a factor of 
     .10.
       ``(D) Multiply the number of children described in 
     subparagraphs (F) and (G) of paragraph (1) by a factor of 
     .05.
       ``(b) Basic Support Payments and Payments With Respect to 
     Fiscal Years in Which Insufficient Funds Are Appropriated.--
       ``(1) Basic support payments.--
       ``(A) In general.--From the amount appropriated under 
     section 9015(b) for a fiscal year, the Secretary is 
     authorized to make basic support payments to eligible local 
     educational agencies with children described under subsection 
     (a).
       ``(B) Eligibility.--A local educational agency shall be 
     eligible to receive a basic support payment under 
     subparagraph (A) for a fiscal year with respect to a number 
     of children determined under subsection (a) only if the 
     number of children so determined with respect to such agency 
     amounts to the lesser of--
       ``(i) at least 400 such children; or
       ``(ii) a number of such children which equals at least 3 
     percent of the total number of children who were in average 
     daily attendance, during such year, at the schools of such 
     agency and for whom such agency provided free public 
     education.
       ``(C) Maximum amount.--The maximum amount that a local 
     educational agency is eligible to receive under this 
     subsection for any fiscal year is the sum of the total 
     weighted student units, as computed under subsection (a)(2), 
     multiplied by the greater of--
       ``(i) one-half of the average per pupil expenditure of the 
     State in which the local educational agency is located for 
     the third fiscal year preceding the fiscal year for which the 
     determination is made;
       ``(ii) one-half of the average per pupil expenditures of 
     all of the States for the third fiscal year preceding the 
     fiscal year for which the determination is made;
       ``(iii) the comparable local contribution rate certified by 
     the State, as determined under regulations prescribed to 
     carry out the Act of September 30, 1950 (Public Law 874, 81st 
     Congress), as such regulations were in effect on January 1, 
     1994; or
       ``(iv) the average per pupil expenditure of the State in 
     which the local educational agency is located, multiplied by 
     the local contribution percentage.
       ``(2) Payments with respect to fiscal years in which 
     insufficient funds are appropriated.--
       ``(A) In general.--For any fiscal year in which the sums 
     appropriated under section 9015(b) are insufficient to pay to 
     each local educational agency the full amount computed under 
     paragraph (1), the Secretary shall make payments in 
     accordance with this paragraph.
       ``(B) Learning opportunity threshold payments.--(i) For 
     fiscal years described in subparagraph (A), the Secretary 
     shall compute a learning opportunity threshold payment 
     (hereafter in this title referred to as the `threshold 
     payment') by multiplying the amount obtained under paragraph 
     (1)(C) by the total percentage obtained by adding--
       ``(I) the percentage of federally connected children for 
     each local educational agency determined by calculating the 
     fraction, the numerator of which is the total number of 
     children described under subsection (a)(1) and the 
     denominator of which is the total number of children in 
     average daily attendance at the schools served by such 
     agency; and
       ``(II) the percentage that funds under paragraph (1)(C) 
     represent of the total budget of the local educational 
     agency, determined by calculating the fraction, the numerator 
     of which is the total amount of funds calculated for each 
     local educational agency under this subsection (not including 
     amounts received under subsection (f)), and the denominator 
     of which is the total current expenditures for such agency in 
     the second preceding academic year for which the 
     determination is made.
       ``(ii) Such total percentage used to calculate threshold 
     payments under paragraph (1) shall not exceed 100.
       ``(iii) For the purpose of determining the percentages 
     described in subclauses (I) and (II) of clause (i) that are 
     applicable to the local educational agency providing free 
     public education to students in grades 9 through 12 residing 
     on Hanscom Air Force Base, Massachusetts, the Secretary shall 
     consider only that portion of such agency's total enrollment 
     of students in grades 9 through 12 when calculating the 
     percentage under such subclause (I) and only that portion of 
     the total current expenditures attributed to the operation of 
     grades 9 through 12 in such agency when calculating the 
     percentage under subclause (II).
       ``(C) Ratable distribution.--For fiscal years described in 
     subparagraph (A), the Secretary shall make payments as a 
     ratable distribution based upon the computation made under 
     subparagraph (B).
       ``(c) Prior Year Data.--All calculations under this section 
     shall be based upon data for each local educational agency 
     from the fiscal year preceding the fiscal year for which the 
     agency is making application for payment.
       ``(d) Children With Disabilities.--
       ``(1) In general.--From the amount appropriated under 
     section 9015(c) for a fiscal year, the Secretary shall pay to 
     each eligible local educational agency, on a pro rata basis, 
     the amounts determined by--
       ``(A) multiplying the number of children described in 
     subparagraphs (B) and (C) of subsection (a)(1) who are 
     eligible to receive services under the Individuals with 
     Disabilities Education Act by a factor of 1.0; and
       ``(B) multiplying the number of children described in 
     subparagraph (D) of subsection (a)(1) who are eligible to 
     receive services under such Act by a factor of 0.5.
       ``(2) Use of funds.--A local educational agency that 
     receives funds under paragraph (1) shall use such funds to 
     provide a free appropriate public education to children 
     described in paragraph (1) in accordance with the Individuals 
     with Disabilities Education Act.
       ``(e) Hold-Harmless Amounts.--
       ``(1) In general.--Except as provided in paragraph (3), the 
     total amount that the Secretary shall pay a local educational 
     agency under subsection (b) shall not be less than 90 percent 
     of the amount such agency received--
       ``(A) in the case of fiscal year 1995 only, under section 3 
     of the Act of September 30, 1950 (Public Law 874, 81st 
     Congress) for fiscal year 1994; or
       ``(B) in the case of fiscal years 1996, 1997, 1998, or 
     1999, under such subsection (b).
       ``(2) Two-year applicability.--The provisions of paragraph 
     (1) shall apply to any one local educational agency for a 
     maximum of two consecutive fiscal years.
       ``(3) Ratable reductions.--(A)(i) If necessary in order to 
     make payments to local educational agencies in accordance 
     with paragraph (1), the Secretary first shall ratably reduce 
     payments under subsection (b) to local educational agencies 
     that do not receive a payment under this subsection.
       ``(ii) If additional funds become available for making 
     payments under paragraph (1) for such fiscal year, payments 
     that were reduced under clause (i) shall be increased on the 
     same basis as such payments were reduced.
       ``(B)(i) If the sums made available under this part for any 
     fiscal year are insufficient to pay the full amounts that all 
     local educational agencies in all States are eligible to 
     receive under paragraph (1) after the application of 
     subparagraph (A) for such year, the Secretary shall ratably 
     reduce payments to all such agencies for such year.
       ``(ii) If additional funds become available for making 
     payments under paragraph (1) for such fiscal year, payments 
     that were reduced under clause (i) shall be increased on the 
     same basis as such payments were reduced.
       ``(f) Additional Assistance for Heavily Impacted Local 
     Educational Agencies.--
       ``(1) Reservation.--From amounts appropriated under section 
     9015(b) for a fiscal year, the Secretary shall provide 
     additional assistance to meet special circumstances relating 
     to the provision of education in local educational agencies 
     eligible to receive assistance under this section.
       ``(2) Eligibility.--(A) A local educational agency shall be 
     eligible to receive additional assistance under this 
     subsection only if such agency--
       ``(i)(I) has an enrollment of federally connected children 
     described in subsection (a)(1) which constitutes at least 40 
     percent of the total student enrollment of such agency; and
       ``(II) has a tax rate for general fund purposes which is at 
     least 95 percent of the average tax rate for general fund 
     purposes of comparable local educational agencies in the 
     State;
       ``(ii)(I) has an enrollment of federally connected children 
     described in subsection (a)(1) which constitutes at least 35 
     percent of the total student enrollment of such agency; and
       ``(II) has a tax rate for general fund purposes which is at 
     least 125 percent of the average tax rate for general fund 
     purposes of comparable local educational agencies in the 
     State; or
       ``(iii) is a local educational agency whose boundaries are 
     the same as a Federal military installation or includes 
     Federal property under exclusive Federal jurisdiction.
       ``(B) If the current expenditures in those local 
     educational agencies which the Secretary has determined to be 
     generally comparable to the local educational agency for 
     which a computation is made under subsection (b)(1)(C) are 
     not reasonably comparable because of unusual geographical 
     factors which affect the current expenditures necessary to 
     maintain, in such agency, a level of education equivalent to 
     that maintained in such other agencies, then the Secretary 
     shall increase the local contribution rate for such agency by 
     such an amount which the Secretary determines will compensate 
     such agency for the increase in current expenditures 
     necessitated by such unusual geographical factors. The amount 
     of any such supplementary payment may not exceed the per-
     pupil share (computed with regard to all children in average 
     daily attendance), as determined by the Secretary, of the 
     increased current expenditures necessitated by such unusual 
     geographic factors.
       ``(C) Any local educational agency determined eligible 
     under clause (iii) of subparagraph (A) shall be deemed to 
     have met the tax efforts requirements for eligibility under 
     clause (i)(II) or (ii)(II) of such subparagraph.
       ``(D) Any local educational agency having an enrollment of 
     more than 6,500 students described in subparagraph (A) or (B) 
     of subsection (a)(1) and meeting the requirements of 
     subclause (I) and (II) of subparagraph (A)(i), may use either 
     their average general tax rate or total tax rate in 
     determining eligibility under this paragraph.
       ``(3) Maximum payments.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall determine the maximum amount that a local 
     educational agency may receive under this subsection in 
     accordance with the following computations:
       ``(i) The Secretary shall first determine the greater of--

       ``(I) the average per pupil expenditure of the State in 
     which the local educational agency is located;

       ``(II) the average per pupil expenditure of generally 
     comparable school districts located in the State of the local 
     educational agency, as defined in regulations issued by the 
     Secretary; or
       ``(III) the average per pupil expenditure of three 
     generally comparable school districts located in the State of 
     the local educational agency, as defined in regulations 
     issued by the Secretary.

       ``(ii) The Secretary shall next subtract from the amount 
     determined under clause (i) the total amount of general fund 
     revenues received by the local educational agency from any 
     general fund source per pupil, other than revenues provided 
     under this subsection.
       ``(iii) The Secretary shall next multiply the amount 
     determined under clause (ii) by the total number of students 
     in average daily attendance of the local educational agency.
       ``(iv) If the tax rate used by the local educational agency 
     is greater than 95 percent, but less than 100 percent, of the 
     tax rate of comparable school districts, the Secretary shall 
     next multiply the amount determined under clause (iii) by the 
     percentage that the tax rate of the local educational agency 
     is of--

       ``(I) the average tax rate of its generally comparable 
     school districts; or
       ``(II) the average tax rate of all the school districts in 
     the State in which the local educational agency is located.

       ``(v) The Secretary shall next subtract the total amount of 
     payments received by a local educational agency under 
     subsections (b) and (d) for a fiscal year from the amount 
     determined under clause (iii) or clause (iv), as the case may 
     be.
       ``(B) Special rule.--(i) With respect to payments under 
     this subsection for a local educational agency described in 
     clause (ii) or (iii) of paragraph (2)(A), the maximum amount 
     of such payments shall be computed by taking the product of 
     the average per pupil expenditure in all States multiplied by 
     .7, except that such amount may not exceed 125 percent of the 
     average per pupil expenditure in all local educational 
     agencies in the State, and multiplying such product by the 
     number of students who are served by such local educational 
     agency and described in subparagraph (A) or (B) of subsection 
     (a)(1).
       ``(ii) The payment under this subsection that a local 
     educational agency described in clauses (ii) and (iii) of 
     paragraph (2)(A) shall receive in any fiscal year shall be 
     equal to the maximum amount described in clause (i) minus the 
     amount of payments such agency receives under subsections (b) 
     and (d) for such year.
       ``(4) Current year data.--The Secretary shall, for purposes 
     of providing assistance under this subsection, use--
       ``(A) student and revenue data from the fiscal year for 
     which the local educational agency is applying for assistance 
     under this subsection; and
       ``(B) the most recent data available on per-pupil cost 
     adjusted to reflect per-pupil cost made current by increasing 
     or decreasing the per-pupil expenditure data for the second 
     fiscal year preceding the fiscal year for which the 
     determination is made by the same percentage increase or 
     decrease reflected between the per-pupil expenditure data for 
     the fourth fiscal year preceding the fiscal year for which 
     the determination is made and the per-pupil expenditure data 
     for such second year.
       ``(5) Determination for fiscal year 1994.--Notwithstanding 
     the proviso referring to section 3(d)(2)(B) of Public Law 81-
     874 under the following heading ``IMPACT AID'' under title 
     III of the Departments of Labor, Health and Human services 
     and Education, and Related Agencies Appropriations Act of 
     1994, or any provision of paragraph (2) of section 3(d) of 
     such Public Law which is consistent with this proviso, 
     determinations regarding the eligibility for an amount of 
     payments under section 3(d)(2)(B) of such Public Law for 
     fiscal year 1994 shall be made on the basis of 1994 data, and 
     related Department regulations in effect during fiscal year 
     1992 shall be used in the tabulation of payments.
       ``(6) Reduction in payments.--If funds appropriated to 
     carry out this subsection are insufficient to pay in full the 
     amounts determined under paragraph (3), the Secretary shall 
     ratably reduce the payment to each eligible local educational 
     agency.
       ``(g) Additional Payments for Local Educational Agencies 
     With High Concentrations of Children With Disabilities.--If 
     any local educational agency receives Federal funds from 
     sources other than this title for any fiscal year due to the 
     enrollment of children described under subsection (a), such 
     funds shall be considered a payment to such agency under this 
     title for such fiscal year. Notwithstanding any other 
     provision of law, if funds appropriated pursuant to section 
     9015(b) for payments under subsection (b) to such agency for 
     a fiscal year which when added to the funds described in the 
     preceding sentence received by such agency for such fiscal 
     year exceed the maximum amount described under subsection 
     (b)(1)(C), then the Secretary shall make available from the 
     funds appropriated under section 9015(b) for such fiscal year 
     such excess amounts to--
       ``(1) any local educational agency designated by the 
     Secretary of Defense for such fiscal year as a local 
     educational agency serving children described under section 
     9004(a) who have a parent assigned to a particular permanent 
     duty station for compassionate reasons (compassionate post 
     assignment) for the total costs associated with such children 
     who are enrolled in an educational program provided outside 
     the schools of such agency; and
       ``(2) any remaining amounts shall be made available for 
     expenditures under subsection (d) in such fiscal year on a 
     pro rata basis consistent with the requirements of such 
     subsection.
       ``(h) Other Funds.--Notwithstanding any other provision of 
     law, a local educational agency receiving funds under this 
     section may also receive funds under section 6 of the Act of 
     September 30, 1950 (Public Law 874, 81st Congress) or such 
     section's successor authority.

     ``SEC. 9005. POLICIES AND PROCEDURES RELATING TO CHILDREN 
                   RESIDING ON INDIAN LANDS.

       ``(a) In General.--A local educational agency that claims 
     children residing on Indian lands for the purpose of 
     receiving funds under section 9004 shall establish policies 
     and procedures to ensure that--
       ``(1) such children participate in programs and activities 
     supported by such funds on an equal basis with all other 
     children;
       ``(2) parents of such children and Indian tribes are 
     afforded an opportunity to present their views on such 
     programs and activities, including an opportunity to make 
     recommendations on the needs of those children and how the 
     local educational agency may help such children realize the 
     benefits of such programs and activities;
       ``(3) parents and Indian tribes are consulted and involved 
     in planning and developing such programs and activities;
       ``(4) relevant applications, evaluations, and program plans 
     are disseminated to the parents and Indian tribes; and
       ``(5) parents and Indian tribes are afforded an opportunity 
     to present their views to such agency regarding such agency's 
     general educational program.
       ``(b) Records.--A local educational agency that claims 
     children residing on Indian lands for the purpose of 
     receiving funds under section 9004 shall maintain records 
     demonstrating such agency's compliance with requirements 
     contained in subsection (a).
       ``(c) Waiver.--A local educational agency that claims 
     children residing on Indian lands for the purpose of 
     receiving funds under section 9004 shall not be required to 
     comply with the requirements of subsections (a) and (b) for 
     any fiscal year with respect to any Indian tribe from which 
     such agency has received a written statement that the agency 
     need not comply with those subsections because the tribe is 
     satisfied with the provision of educational services by such 
     agency to such children.
       ``(d) Technical Assistance and Enforcement.--The Secretary 
     shall--
       ``(1) provide technical assistance to local educational 
     agencies, parents, and Indian tribes to enable such agencies, 
     parents, and tribes to carry out this section; and
       ``(2) enforce this section through such actions, which may 
     include the withholding of funds, as the Secretary determines 
     to be appropriate, after affording the affected local 
     educational agency, parents, and Indian tribe an opportunity 
     to present their views.
       ``(e) Complaints.--
       ``(1) In general.--(A) Any tribe, or its designee, which 
     has students in attendance at a local educational agency may, 
     in its discretion and without regard to the requirements of 
     any other provision of law, file a written complaint with the 
     Secretary regarding any action of a local educational agency 
     taken pursuant to, or relevant to, the requirements of this 
     section.
       ``(B) Within ten working days from receipt of a complaint, 
     the Secretary shall--
       ``(i) designate a time and place for a hearing into the 
     matters relating to the complaint at a location in close 
     proximity to the local educational agency involved, or if the 
     Secretary determines there is good cause, at some other 
     location convenient to both the tribe, or its designee, and 
     the local educational agency;
       ``(ii) designate a hearing examiner to conduct the hearing; 
     and
       ``(iii) notify the affected tribe or tribes and the local 
     educational agency involved of the time, place, and nature of 
     the hearing and send copies of the complaint to the local 
     educational agency and the affected tribe or tribes.
       ``(2) Hearing.--The hearing shall be held within 30 days of 
     the designation of a hearing examiner and shall be open to 
     the public. A record of the proceedings shall be established 
     and maintained.
       ``(3) Evidence; recommendations; cost.--The complaining 
     tribe, or its designee, and the local educational agency 
     shall be entitled to present evidence on matters relevant to 
     the complaint and to make recommendations concerning the 
     appropriate remedial actions. Each party to the hearing shall 
     bear only its own costs in the proceedings.
       ``(4) Findings and recommendations.--Within 30 days of the 
     completion of the hearing, the hearing examiner shall, on the 
     basis of the record, make written findings of fact and 
     recommendations concerning appropriate remedial action, if 
     any, which should be taken. The hearing examiner's findings 
     and recommendations, along with the hearing record, shall be 
     forwarded to the Secretary.
       ``(5) Written determination.--Within 30 days of his receipt 
     of the findings, recommendations, and record, the Secretary 
     shall, on the basis of the record, make a written 
     determination of the appropriate remedial action, if any, to 
     be taken by the local educational agency, the schedule for 
     completion of the remedial action, and the reasons for the 
     Secretary's decision.
       ``(6) Copies provided.--Upon completion of his final 
     determination, the Secretary shall provide the complaining 
     tribe, or its designee, and the local educational agency with 
     copies of the hearing record, the hearing examiner's findings 
     and recommendations, and the Secretary's final determination. 
     The final determination of the Secretary shall be subject to 
     judicial review.
       ``(7) Consolidation.--In all actions under this 
     subparagraph, the Secretary shall have discretion to 
     consolidate complaints involving the same tribe or local 
     educational agency.
       ``(8) Withholding.--If the local educational agency rejects 
     the determination of the Secretary, or if the remedy required 
     is not undertaken within the time established and the 
     Secretary determines that an extension of the time 
     established will not effectively encourage the remedy 
     required, the Secretary shall withhold payment of all moneys 
     to which such local agency is eligible under section 9004 
     until such time as the remedy required is undertaken, except 
     where the complaining tribe or its designee formally requests 
     that such funds be released to the local educational agency, 
     except that the Secretary may not withhold such moneys during 
     the course of the school year if the Secretary determines 
     that such withholding would substantially disrupt the 
     educational programs of the local educational agency.
       ``(9) Rejection of determination.--If the local educational 
     agency rejects the determination of the Secretary and a tribe 
     exercises the option under section 1101(d) of the Education 
     Amendments of 1978, to have education services provided 
     either directly by the Bureau of Indian Affairs or by 
     contract with the Bureau of Indian Affairs, any Indian 
     students affiliated with that tribe who wish to remain in 
     attendance at the local educational agency against whom the 
     complaint which led to the tribal action under such 
     subsection (d) was lodged may be counted with respect to that 
     local educational agency for the purpose of receiving funds 
     under section 9004. In such event, funds under such section 
     shall not be withheld pursuant to subparagraph (D) and no 
     further complaints with respect to such students may be filed 
     under subparagraph (C)(i).
       ``(f) Construction.--This section is based upon the special 
     relationship between the Indian nations and the United States 
     and nothing in this section shall be construed to relieve any 
     State of any duty with respect to any citizens of that State.

     ``SEC. 9006. APPLICATION FOR PAYMENTS UNDER SECTIONS 9003 AND 
                   9004.

       ``(a) In General.--A local educational agency desiring to 
     receive a payment under section 9003 or 9004 shall--
       ``(1) submit an application for such payment to the 
     Secretary; and
       ``(2) provide a copy of such application to the State 
     educational agency.
       ``(b) Contents.--Each such application shall be submitted 
     in such form and manner, and shall contain such information, 
     as the Secretary may require, including--
       ``(1) information to determine the eligibility of the local 
     educational agency for a payment and the amount of such 
     payment; and
       ``(2) where applicable, an assurance that such agency is in 
     compliance with section 9005 (relating to children residing 
     on Indian lands).
       ``(c) Deadline for Submission.--The Secretary shall 
     establish deadlines for the submission of applications under 
     this section.
       ``(d) Approval.--
       ``(1) In general.--The Secretary shall approve an 
     application submitted under this section that--
       ``(A) except as provided in paragraph (2), is filed by the 
     deadline established under subsection (c); and
       ``(B) otherwise meets the requirements of this title.
       ``(2) Reduction in payment.--The Secretary shall approve an 
     application filed not more than 60 days after a deadline 
     established under subsection (c) that otherwise meets the 
     requirements of this title, except that, notwithstanding 
     section 9004(e), the Secretary shall reduce the payment based 
     on such late application by 10 percent of the amount that 
     would otherwise be paid.
       ``(3) Late applications.--The Secretary shall not accept or 
     approve any application that is filed more than 60 days after 
     a deadline established under subsection (c).
       ``(4) State application authority.--Notwithstanding any 
     provision of law, a State educational agency that had been 
     accepted as an applicant for funds under section 3 of the Act 
     of September 30, 1950 (Public Law 874, 81st Congress) in 
     fiscal year 1994 shall be permitted to continue as an 
     applicant under the same conditions by which such agency made 
     application during such fiscal year only if such State 
     educational agency distributes all funds received for the 
     students for which application is being made by such State 
     educational agency to the local educational agencies 
     providing educational services to such students.

     ``SEC. 9007. PAYMENTS FOR SUDDEN AND SUBSTANTIAL INCREASES IN 
                   ATTENDANCE OF MILITARY DEPENDENTS.

       ``(a) Eligibility.--A local educational agency is eligible 
     for a payment under this section if--
       ``(1) the number of children in average daily attendance 
     during the school year for which the determination is made is 
     at least ten percent or 100 more than the number of children 
     in average daily attendance in the school year preceding the 
     school year for which the determination is made; and
       ``(2) the number of children in average daily attendance 
     with a parent on active duty (as defined in section 101(18) 
     of title 37, United States Code) in the Armed Forces who are 
     in attendance at such agency because of the assignment of 
     their parent to a new duty station between February 1 and 
     September 30, inclusive, of the fiscal year for which the 
     determination is made, as certified by an appropriate local 
     official of the Department of Defense, is at least ten 
     percent or 100 more than the number of children in average 
     daily attendance in the preceding school year.
       ``(b) Application.--A local educational agency that wishes 
     to receive a payment under this section shall file an 
     application with the Secretary by October 15 of the school 
     year for which payment is requested, in such manner and 
     containing such information as the Secretary may prescribe, 
     including information demonstrating that such agency is 
     eligible for such a payment.
       ``(c) Children To Be Counted.--For each eligible local 
     educational agency that applies for a payment under this 
     section, the Secretary shall determine the lesser of--
       ``(1) the increase in the number of children in average 
     daily attendance from the school year preceding the fiscal 
     year for which the determination is made; and
       ``(2) the number of children described in subsection 
     (a)(2).
       ``(d) Payments.--
       ``(1) In general.--Except as provided in paragraph (2), 
     from the amount appropriated for a fiscal year under section 
     9015(d), the Secretary shall pay each local educational 
     agency with an approved application an amount equal to one-
     half of the national average per-pupil expenditure multiplied 
     by the number of such children determined under subsection 
     (c) for that local educational agency.
       ``(2) Ratable reduction.--(A) If the amount appropriated to 
     carry out this section for any fiscal year is insufficient to 
     pay the full payment that all eligible local educational 
     agencies are eligible to receive under this section for such 
     year, then the Secretary shall ratably reduce the payments to 
     such agencies for such year.
       ``(B) If additional funds become available for making 
     payments under paragraph (1) for such fiscal year, payments 
     that were reduced under subparagraph (A) shall be increased 
     on the same basis as such payments were reduced.
       ``(e) Notification Process.--
       ``(1) Establishment.--The Secretary shall establish, with 
     the Secretary of Defense, a notification process relating to 
     the closure of Department of Defense facilities, or the 
     adjustment of personnel levels assigned to such facilities, 
     which may substantially affect the student enrollment levels 
     of local educational agencies which receive or may receive 
     payments under this title.
       ``(2) Information.--Such process shall provide timely 
     information regarding such closures and such adjustments--
       ``(A) by the Secretary of Defense to the Secretary; and
       ``(B) by the Secretary to the affected local educational 
     agencies.

     ``SEC. 9008. CONSTRUCTION.

       ``(a) Payments Authorized.--From the amount appropriated 
     for each fiscal year under section 9015(e), the Secretary 
     shall make payments to each local educational agency--
       ``(1) that receives a basic payment under section 9004(b); 
     and
       ``(2)(A) in which the number of children determined under 
     section 9004(a)(1)(C) constituted at least 50 percent of the 
     number of children who were in average daily attendance in 
     the schools of such agency during the preceding school year;
       ``(B) that receives assistance under section 9004(f); or
       ``(C) that receives assistance under section 9007.
       ``(b) Amount of Payments.--The amount of a payment to each 
     such agency for a fiscal year shall be equal to--
       ``(1) the amount appropriated under section 9015(e) for 
     such year; divided by
       ``(2) the number of children determined under section 
     9004(a)(2) for all local educational agencies described in 
     subsection (a), but not including any children attending a 
     school assisted or provided by the Secretary under section 
     9009 or section 10 of the Act of September 23, 1950 (Public 
     Law 815, 81st Congress) (as such Act was in effect on the day 
     preceding the date of enactment of the Improving America's 
     Schools Act of 1994); multiplied by
       ``(3) the number of such children determined for such 
     agency.
       ``(c) Use of Funds.--Any local educational agency that 
     receives funds under this section shall use such funds for 
     construction, as defined in section 9014(3).

     ``SEC. 9009. FACILITIES.

       ``(a) Current Facilities.--From the amount appropriated for 
     any fiscal year under section 9015(f), the Secretary may 
     continue to provide assistance for school facilities that 
     were supported by the Secretary under section 10 of the Act 
     of September 23, 1950 (Public Law 815, 81st Congress) (as 
     such Act was in effect on the day preceding the date of the 
     enactment of the Improving America's Schools Act of 1994).
       ``(b) Transfer of Facilities.--
       ``(1) In general.--The Secretary shall, as soon as 
     practicable, transfer to the appropriate local educational 
     agency or another appropriate entity all the right, title, 
     and interest of the United States in and to each facility 
     provided under section 10 of the Act of September 23, 1950 
     (Public Law 815, 81st Congress), or under section 204 or 310 
     of the Act of September 30, 1950 (Public Law 874, 81st 
     Congress) (as such Acts were in effect on January 1, 1958).
       ``(2) Other requirements.--Any such transfer shall be 
     without charge to such agency or entity, and prior to such 
     transfer, the transfer shall be consented to by the local 
     educational agency or other appropriate entity, and may be 
     made on such terms and conditions as the Secretary deems 
     appropriate to carry out the purposes of this title.

     ``SEC. 9010. TREATMENT OF PAYMENTS BY THE STATES IN 
                   DETERMINING ELIGIBILITY FOR, AND THE AMOUNT OF, 
                   STATE AID.

       ``(a) In General.--Except as provided in subsection (b), no 
     payments may be made under this title for any fiscal year to 
     any local educational agency in any State if--
       ``(1) such State has taken into consideration payments 
     under this title in determining--
       ``(A) the eligibility of any local educational agency in 
     that State for State aid for free public education of 
     children; or
       ``(B) the amount of such aid with respect to any such 
     agency;
     during that fiscal year or the preceding fiscal year; or
       ``(2) such State makes such aid available to local 
     educational agencies in such a manner as to result in less 
     State aid to any local educational agency which is eligible 
     for payments under this title than such agency would receive 
     if such agency were not so eligible.
       ``(b) Exception.--
       ``(1) In general.--Notwithstanding subsection (a), if a 
     State has in effect a program of State aid for free public 
     education for any fiscal year, which is designed to equalize 
     expenditures for free public education among the local 
     educational agencies of that State, payments under this title 
     for any fiscal year may be taken into consideration by such 
     State in determining the relative--
       ``(A) financial resources available to local educational 
     agencies in that State; and
       ``(B) financial need of such agencies for the provision of 
     free public education for children served by such agency, 
     provided that a State may consider as local resources funds 
     received under this title only in proportion to the share 
     that local tax revenues covered under a State equalization 
     program are of total local tax revenues.
       ``(2) Special rule.--The portion of payments under sections 
     9004(b), 9004(d) and 9004(f)(1) for children described in 
     section 9004(a)(1)(C) which are attributable to the 
     difference between the total weighted student units 
     determined under section 9004(a)(2)(B) and the total weighted 
     student units determined under section 9004(a)(2)(A), shall 
     not be taken into consideration by the State for the purpose 
     of this subparagraph. Whenever a State educational agency or 
     local educational agency will be adversely affected by the 
     operation of this section, such agency shall be afforded 
     notice and an opportunity for a hearing prior to the 
     reduction or termination of payments pursuant to this 
     section.
       ``(3) Definitions.--The terms `State aid' and `equalize 
     expenditures' as used in this section shall be defined by the 
     Secretary by regulation, after consultation with State and 
     local educational agencies affected by this section, provided 
     that the term `equalize expenditures' shall not be construed 
     in any manner adverse to a program of State aid for free 
     public education which provides for taking into consideration 
     the additional cost of providing free public education for 
     particular groups or categories of pupils in meeting the 
     special educational needs of such children as disabled 
     children, economically disadvantaged children, limited-
     English proficient children, and gifted and talented 
     children.
       ``(4) Notice and certification.--(A) If a State desires to 
     take payments under this title into consideration as provided 
     in this subsection for any fiscal year, that State shall, not 
     later than 60 days prior to the beginning of such fiscal 
     year, submit notice to the Secretary of its intention to do 
     so. Such notice shall be in such form and be accompanied by 
     such information as to enable the Secretary to determine the 
     extent to which the program of State aid of that State is 
     consistent with the provisions of paragraph (1). In addition, 
     such notice shall be accompanied by such evidence as the 
     Secretary finds necessary that each local educational agency 
     in that State has been given notice of the intention of the 
     State. If the Secretary determines that the program of State 
     aid of a State submitting notice under this paragraph is 
     consistent with the provisions of paragraph (1), the 
     Secretary shall certify such determination to that State.
       ``(B) Prior to certifying any determination under 
     subparagraph (A) for any State for any fiscal year, the 
     Secretary shall give the local educational agencies in that 
     State an opportunity for a hearing at which such agencies may 
     present their views with respect to the consistency of the 
     State aid program of that State with the provisions of 
     paragraph (1).
       ``(C) The Secretary shall not finally deny to any State for 
     any fiscal year certification of a determination under 
     subparagraph (A) without first giving that State an 
     opportunity for a hearing.
       ``(5) Requirement.--Any State whose program of State aid 
     was certified by the Secretary under paragraph (4) for fiscal 
     year 1988, but whose program was determined by the Secretary 
     under paragraph (4)(A) not to meet the requirements of 
     paragraph (1) for one or more of the fiscal years 1989 
     through 1992--
       ``(A) shall be deemed to have met the requirements of 
     paragraph (1) for each of the fiscal years 1989 through 1992; 
     and
       ``(B) shall not, beginning with fiscal year 1993, and 
     notwithstanding any other provision of this paragraph, take 
     payments under this title into consideration as provided 
     under paragraph (1) for any fiscal year unless the Secretary 
     has previously certified such State's program for such fiscal 
     year.
       ``(6) Grandfather clause.--Notwithstanding any other 
     provision of law, a State shall be deemed to meet the 
     requirements of this subsection if such State--
       ``(A) met the requirements of section 5(d)(2) of the Act of 
     September 30, 1950 (Public Law 874, 81st Congress) on July 1, 
     1994; and
       ``(B) continues to meet the requirements of such section 
     5(d)(2) for each fiscal year for which the determination is 
     made.

     ``SEC. 9011. FEDERAL ADMINISTRATION.

       ``(a) Payments in Whole Dollar Amounts.--The Secretary 
     shall round any payments under this title to the nearest 
     whole dollar amount.
       ``(b) Other Agencies.--Each Federal agency administering 
     Federal property on which children reside, and each agency 
     principally responsible for an activity that may occasion 
     assistance under this title, shall, to the maximum extent 
     practicable, comply with requests of the Secretary for 
     information the Secretary may require to carry out this 
     title.

     ``SEC. 9012. ADMINISTRATIVE HEARINGS AND JUDICIAL REVIEW.

       ``(a) Administrative Hearings.--A local educational agency 
     and a State that is adversely affected by any action of the 
     Secretary under this title shall be entitled to a hearing on 
     such action in the same manner as if such agency were a 
     person under chapter 5 of title 5, United States Code.
       ``(b) Judicial Review of Secretarial Action.--
       ``(1) In general.--A local educational agency or a State 
     aggrieved by the Secretary's final decision following an 
     agency proceeding under subsection (a) may, within 60 days 
     after receiving notice of such decision, file with the United 
     States court of appeals for the circuit in which such agency 
     or State is located a petition for review of that action. The 
     clerk of the court shall promptly transmit a copy of the 
     petition to the Secretary. The Secretary shall then file in 
     the court the record of the proceedings on which the 
     Secretary's action was based, as provided in section 2112 of 
     title 28, United States Code.
       ``(2) Findings of fact.--The findings of fact by the 
     Secretary, if supported by substantial evidence, shall be 
     conclusive, but the court, for good cause shown, may remand 
     the case to the Secretary to take further evidence. The 
     Secretary may thereupon make new or modified findings of fact 
     and may modify the Secretary's previous action, and shall 
     file in the court the record of the further proceedings. Such 
     new or modified findings of fact shall likewise be conclusive 
     if supported by substantial evidence.
       ``(3) Review.--The court shall have exclusive jurisdiction 
     to affirm the action of the Secretary or to set it aside, in 
     whole or in part. The judgment of the court shall be subject 
     to review by the Supreme Court of the United States upon 
     certiorari or certification as provided in section 1254 of 
     title 28, United States Code.

     ``SEC. 9013. FORGIVENESS OF OVERPAYMENTS.

       ``Notwithstanding any other provision of law, the Secretary 
     may forgive the obligation of a local educational agency to 
     repay, in whole or in part, the amount of any overpayment 
     received under this title, or under the Act of September 30, 
     1950 (Public Law 874, 81st Congress) or the Act of September 
     23, 1950 (Public Law 815, 81st Congress), if the Secretary 
     determines that the overpayment was made as a result of an 
     error made by--
       ``(1) the Secretary; or
       ``(2) the local educational agency and repayment of the 
     full amount of the overpayment will result in an undue 
     financial hardship on the agency and seriously harm the 
     agency's educational program.

     ``SEC. 9014. DEFINITIONS.

       ``For purposes of this title, the following definitions 
     apply:
       ``(1) Armed forces.--The term `Armed Forces' means the 
     Army, Navy, Air Force, and Marine Corps.
       ``(2) Average per pupil expenditure.--The term `average per 
     pupil expenditure' means--
       ``(A) the aggregate current expenditures of all local 
     educational agencies in the State; divided by
       ``(B) the total number of children in average daily 
     attendance for whom such agencies provided free public 
     education.
       ``(3) Construction.--The term `construction' means--
       ``(A) the preparation of drawings and specifications for 
     school facilities;
       ``(B) erecting, building, acquiring, altering, remodeling, 
     repairing, or extending school facilities;
       ``(C) inspecting and supervising the construction of school 
     facilities; and
       ``(D) debt service for such activities.
       ``(4) Current expenditures.--The term `current 
     expenditures' means expenditures for free public education, 
     including expenditures for administration, instruction, 
     attendance and health services, pupil transportation 
     services, operation and maintenance of plant, fixed charges, 
     and net expenditures to cover deficits for food services and 
     student body activities, but does not include expenditures 
     for community services, capital outlay, and debt service, or 
     any expenditures made from funds awarded under part A of 
     title I and title XIII. The determination of whether an 
     expenditure for the replacement of equipment is considered a 
     current expenditure or a capital outlay shall be determined 
     in accordance with generally accepted accounting principles 
     as determined by the State.
       ``(5) Federal property.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     through (F), the term `Federal property' means real property 
     that is not subject to taxation by any State or any political 
     subdivision of a State due to Federal agreement, law, or 
     policy, and that is--
       ``(i) owned by the United States or leased by the United 
     States from another entity;
       ``(ii)(I) held in trust by the United States for individual 
     Indians or Indian tribes;
       ``(II) held by individual Indians or Indian tribes subject 
     to restrictions on alienation imposed by the United States;
       ``(III) conveyed at any time under the Alaska Native Claims 
     Settlement Act to a Native individual, Native group, or 
     village or regional corporation;
       ``(IV) public land owned by the United States that is 
     designated for the sole use and benefit of individual Indians 
     or Indian tribes; or
       ``(V) used for low-rent housing, as described in paragraph 
     (10) that is located on land described in subclause (I), 
     (II), (III), or (IV) of this clause or on land that met one 
     of those descriptions immediately before such property's use 
     for such housing;
       ``(iii)(I) part of a low-rent housing project assisted 
     under the United States Housing Act of 1937; or
       ``(II) used to provide housing for homeless children at 
     closed military installations pursuant to section 501 of the 
     Stewart B. McKinney Homeless Assistance Act; or
       ``(iv) owned by a foreign government or by an international 
     organization.
       ``(B) Schools providing flight training to members of air 
     force.--The term `Federal property' includes, so long as not 
     subject to taxation by any State or any political subdivision 
     of a State, and whether or not that tax exemption is due to 
     Federal agreement, law, or policy, any school providing 
     flight training to members of the Air Force.
       ``(C) Non-federal easements, leases, licenses, permits, 
     improvements, and certain other real property.--The term 
     `Federal property' includes, whether or not subject to 
     taxation by a State or a political subdivision of a State--
       ``(i) any non-Federal easement, lease, license, permit, or 
     other such interest in Federal property as otherwise 
     described in this paragraph, but not including any non-
     Federal fee-simple interest;
       ``(ii) any improvement on Federal property as otherwise 
     described in this paragraph; and
       ``(iii) real property that, immediately before its sale or 
     transfer to a non-Federal party, was owned by the United 
     States and otherwise qualified as Federal property described 
     in this paragraph, but only for one year beyond the end of 
     the fiscal year of such sale or transfer.
       ``(D) Certain postal service property and pipelines and 
     utility lines.--Notwithstanding any other provision of this 
     paragraph, the term `Federal property' does not include--
       ``(i) any real property under the jurisdiction of the 
     United States Postal Service that is used primarily for the 
     provision of postal services; or
       ``(ii) pipelines and utility lines.
       ``(E) Property with respect to which state or local tax 
     revenues may not be expended, allocated, or available for 
     free public education.--Notwithstanding any other provision 
     of this paragraph, `Federal property' does not include any 
     property on which children reside that is otherwise described 
     in this paragraph if--
       ``(i) no tax revenues of the State or of any political 
     subdivision of the State may be expended for the free public 
     education of children who reside on that Federal property; or
       ``(ii) no tax revenues of the State are allocated or 
     available for the free public education of such children.
       ``(F) Property located in the state of oklahoma owned by 
     indian housing authority for low-income housing.--The term 
     `Federal property' includes any real property located in the 
     State of Oklahoma that--
       ``(i) is owned by an Indian housing authority and used for 
     low-income housing (including housing assisted under the 
     mutual help ownership opportunity program under section 202 
     of the United States Housing Act of 1937); and
       ``(ii) at any time--

       ``(I) was designated by treaty as tribal land; or
       ``(II) satisfied the definition of Federal property under 
     section 403(1)(A) of the Act of September 30, 1950 (Public 
     Law 874, 81st Congress) (as such Act was in existence on the 
     day preceding the date of enactment of the Improving 
     America's Schools Act of 1994).

       ``(6) Free public education.--The term `free public 
     education' means education that is provided--
       ``(A) at public expense, under public supervision and 
     direction, and without tuition charge; and
       ``(B) as elementary or secondary education, as determined 
     under State law, except that, notwithstanding State law, such 
     term--
       ``(i) includes preschool education; and
       ``(ii) does not include any education provided beyond grade 
     12.
       ``(7) Indian lands.--The term `Indian lands' means any 
     Federal property described in paragraph (5)(A)(ii) or (5)(F).
       ``(8) Local contribution percentage.--
       ``(A) In general.--The term `local contribution percentage' 
     means the percentage of current expenditures in the State 
     derived from local and intermediate sources, as reported to 
     and verified by the National Center for Education Statistics.
       ``(B) Hawaii and district of columbia.--Notwithstanding 
     subparagraph (A), the local contribution percentage for 
     Hawaii and for the District of Columbia shall be the average 
     local contribution percentage for all States.
       ``(9) Local educational agency.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the term `local educational agency'--
       ``(i) 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 school district, or other school 
     district; and
       ``(ii) includes any State agency that directly operates and 
     maintains facilities for providing free public education.
       ``(B) Exception.--The term `local educational agency' does 
     not include any agency or school authority that the Secretary 
     determines on a case-by-case basis--
       ``(i) was constituted or reconstituted primarily for the 
     purpose of receiving assistance under this title or the Act 
     of September 30, 1950 (Public Law 874, 81st Congress) or 
     increasing the amount of such assistance; or
       ``(ii) is not constituted or reconstituted for legitimate 
     educational purposes.
       ``(10) Low-rent housing.--The term `low-rent housing' means 
     housing located on property that is described in paragraph 
     (5)(A)(iii).
       ``(11) Revenue derived from local sources.--The term 
     `revenue derived from local sources' means--
       ``(A) revenue produced within the boundaries of a local 
     educational agency and available to such agency for such 
     agency's use; or
       ``(B) funds collected by another governmental unit, but 
     distributed back to a local educational agency in the same 
     proportion as such funds were collected as a local revenue 
     source.
       ``(12) School facilities.--The term `school facilities' 
     includes--
       ``(A) classrooms and related facilities; and
       ``(B) equipment, machinery, and utilities necessary or 
     appropriate for school purposes.

     ``SEC. 9015. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Payments for Federal Acquisition of Real Property.--
     For the purpose of making payments under section 9003, there 
     are authorized to be appropriated $16,750,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years.
       ``(b) Basic Payments; Payments for Heavily Impacted Local 
     Educational Agencies.--For the purpose of making payments 
     under subsections (b) and (f) of section 9004, there are 
     authorized to be appropriated $775,000,000 for fiscal year 
     1995 and such sums as may be necessary for each of the 4 
     succeeding fiscal years, of which 6 percent shall be 
     available, until expended, for each fiscal year to carry out 
     section 9004(f).
       ``(c) Payments for Children With Disabilities.--For the 
     purpose of making payments under section 9004(d), there are 
     authorized to be appropriated $45,000,000 for fiscal year 
     1995 and such sums as may be necessary for each of the 4 
     succeeding fiscal years.
       ``(d) Payments for Increases in Military Children.--For the 
     purpose of making payments under section 9007, there are 
     authorized to be appropriated $2,000,000 for fiscal year 1995 
     and such sums as may be necessary for each of the 4 
     succeeding fiscal years.
       ``(e) Construction.--For the purpose of carrying out 
     section 9008, there are authorized to be appropriated 
     $25,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.
       ``(f) Facilities Maintenance.--For the purpose of carrying 
     out section 9009, there are authorized to be appropriated 
     $2,000,000 for fiscal year 1995 and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.

            ``PART B--EMERGENCY IMMIGRANT EDUCATION PROGRAM

     ``SEC. 9201. PURPOSE; DEFINITION.

       ``(a) 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.
       ``(b) Definition.--For the purpose of this subpart, the 
     term `immigrant children and youth' means individuals who--
       ``(1) are aged three through 21;
       ``(2) were not born in any State; and
       ``(3) have not been attending one or more schools in any 
     one or more States for more than two full academic years.

     ``SEC. 9202. STATE ADMINISTRATIVE COSTS.

       ``For any fiscal year, a State educational agency may 
     reserve not more than 1.5 percent of the amount allocated to 
     such agency under section 9204 to pay the costs of performing 
     such agency's administrative functions under this part.

     ``SEC. 9203. 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. 9204. 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 9201(a).
       ``(b) Allocations.--
       ``(1) In general.--Except as provided in subsections (c), 
     (d) and (e), of the amount appropriated for each fiscal year 
     for this part, each State participating in the program 
     assisted under this part shall receive an allocation equal to 
     the proportion of such State's 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 such 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 the program 
     assisted under this part.
       ``(2) Eligible local educational agencies.--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) In general.--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) Special rule.--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 State 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 for 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) In general.--If the amount appropriated to carry out 
     this part exceeds $50,000,000 for a fiscal year, the 
     Secretary shall reserve the amount in excess of $50,000,000 
     to award grants, on a competitive basis, to local educational 
     agencies that have enrolled during the fiscal year for which 
     the determination is made--
       ``(A) at least 1,000 immigrant children and youth; or
       ``(B) immigrant children and youth in numbers that 
     represent at least 10 percent of the local educational 
     agency's total student enrollment.
       ``(2) Use of grant funds.--Each local educational agency 
     receiving a grant under paragraph (1) shall use such grant 
     funds to carry out the activities described in section 9207.
       ``(3) Information.--Local educational agencies with the 
     highest number of immigrant children and youth receiving 
     funds under paragraph (1) may make information available on 
     serving immigrant children and youth to local educational 
     agencies in the State with sparse numbers of such children.
       ``(4) Duration.--Grants awarded under paragraph (1) shall 
     be for a period of not more than two years.
       ``(5) Applications.--(A) Each eligible local educational 
     agency desiring a grant under this subsection shall submit to 
     the Secretary an application in such form, at such time, and 
     containing such information and assurances as the Secretary 
     may require.
       ``(B) Each such application shall--
       ``(i) describe--
       ``(I) the need for the proposed program, including data on 
     the number of immigrant children and youth in the local 
     educational agency to be served and their characteristics, 
     such as language spoken, dropout rates, proficiency in 
     English and the native language, and academic standing in 
     relation to their English proficient peers; and
       ``(II) the program to be implemented and how such program's 
     design relates to the linguistic and academic needs of the 
     immigrant children and youth to be served; and
       ``(ii) provide an assurance that the applicant will not 
     reduce the level of State and local funds that the applicant 
     expends for instructional programs for immigrant children and 
     youth if the applicant receives an award under this part.

     ``SEC. 9205. 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 sections 9201 and 9207, 
     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;
       ``(3) provide an assurance that local educational agencies 
     receiving funds under this part will coordinate the use of 
     such funds with programs assisted under title VII or title I;
       ``(4) provide assurances that such payments 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 9204(b)(1);
       ``(5) 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;
       ``(6) provide for making such reports as the Secretary may 
     reasonably require to perform the Secretary's functions under 
     this part;
       ``(7) 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 such 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 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; and
       ``(8) provide an assurance that State and local educational 
     agencies receiving funds under this part will comply with the 
     requirements of section 1120(b).
       ``(b) Application Review.--
       ``(1) In general.--The Secretary shall review all 
     applications submitted pursuant to this section by State 
     educational agencies.
       ``(2) Approval.--The Secretary shall approve any 
     application submitted by a State educational agency that 
     meets the requirements of this section.
       ``(3) Disapproval.--The Secretary shall disapprove any 
     application submitted by a State educational agency which 
     does not meet the requirements of this section, but shall not 
     finally disapprove an application except after reasonable 
     notice, provision of technical assistance, and providing an 
     opportunity for a hearing to the State.

     ``SEC. 9206. ADMINISTRATIVE PROVISIONS.

       ``(a) Notification of Amount.--The Secretary, not later 
     than June 1 of each year, shall notify each State educational 
     agency that has an application approved under section 9205 of 
     the amount of such agency's allocation under section 9204 for 
     the succeeding year.
       ``(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 9205(a)(7), 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. 9207. 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;
       ``(5) basic instructional services which are directly 
     attributable to the presence in the school district of 
     immigrant children, including the costs of providing 
     additional classroom supplies, overhead costs, costs of 
     construction, acquisition or rental of space, costs of 
     transportation, or such other costs as are directly 
     attributable to such additional basic instructional services; 
     and
       ``(6) 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 nonprofit organizations to carry out 
     the program described in an application approved under this 
     part.
       ``(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 nonprofit organization, 
     or a consortium of such entities to carry out a program 
     described in an application approved under this part, 
     including a program to serve out-of-school youth.
       ``(d) Construction.--Nothing in this part shall be 
     construed to prohibit a local educational agency from serving 
     immigrant children simultaneously with students with similar 
     educational needs, in the same educational settings where 
     appropriate.

     ``SEC. 9208. REPORTS.

       ``(a) Biennial Report.--Each State educational agency 
     receiving funds under this part shall submit, once every 2 
     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 the State educational agency determines may be necessary 
     for such report.
       ``(b) Report to Congress.--The Secretary shall submit, once 
     every 2 years, a report to the appropriate committees of the 
     Congress concerning programs assisted under this part in 
     accordance with section 10701.

     ``SEC. 9209. AUTHORIZATION OF APPROPRIATIONS.

       ``For the purpose of carrying out this part, there are 
     authorized to be appropriated $75,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years.

                  ``PART C--NATIVE HAWAIIAN EDUCATION

     ``SEC. 9301. SHORT TITLE.

       ``This part may be cited as the `Native Hawaiian Education 
     Act'.

     ``SEC. 9303. PURPOSE.

       ``It is the purpose of this part to--
       ``(1) authorize and develop supplemental educational 
     programs to benefit Native Hawaiians;
       ``(2) provide direction and guidance to appropriate 
     Federal, State, and local agencies to focus resources, 
     including resources made available under this part, on Native 
     Hawaiian education, through the establishment of a Native 
     Hawaiian Education Council, and five island councils; and
       ``(3) supplement and expand existing programs and 
     authorities in the area of Native Hawaiian education to 
     further such purposes.

     ``SEC. 9304. NATIVE HAWAIIAN CURRICULUM DEVELOPMENT, TEACHER 
                   TRAINING AND RECRUITMENT PROGRAM.

       ``(a) General Authority.--The Secretary is authorized to 
     make direct grants, to Native Hawaiian educational 
     organizations or educational entities with experience in 
     developing or operating Native Hawaiian programs or programs 
     of instruction conducted in the Native Hawaiian language, for 
     the following purposes:
       ``(1) Curricula.--The development of curricula to address 
     the needs of Native Hawaiian students, particularly 
     elementary and secondary school students, which may include 
     programs of instruction conducted in the Native Hawaiian 
     language, and mathematics and science curricula incorporating 
     the relevant application of Native Hawaiian culture and 
     traditions.
       ``(2) Preteacher training.--The development and 
     implementation of preteacher training programs in order to 
     ensure that student teachers within the State of Hawai`i, 
     particularly student teachers who are likely to be employed 
     in schools with a high concentration of Native Hawaiian 
     students, are prepared to better address the unique needs of 
     Native Hawaiian students, within the context of Native 
     Hawaiian culture, language and traditions.
       ``(3) Inservice teacher training.--The development and 
     implementation of inservice teacher training programs, in 
     order to ensure that teachers, particularly teachers employed 
     in schools with a high concentration of Native Hawaiian 
     students, are prepared to better address the unique needs of 
     Native Hawaiian students, within the context of Native 
     Hawaiian culture, language and traditions.
       ``(4) Teacher recruitment.--The development and 
     implementation of teacher recruitment programs to meet the 
     objectives of--
       ``(A) enhancing teacher recruitment within communities with 
     a high concentration of Native Hawaiian students; and
       ``(B) increasing the numbers of teachers who are of Native 
     Hawaiian ancestry.
       ``(b) Priority.--In awarding grants under this section, the 
     Secretary shall give priority to awarding grants for 
     activities described in subsection (a) that focus on the 
     needs of at-risk youth or that employ a program of 
     instruction conducted in the Native Hawaiian language.
       ``(c) Administrative Costs.--Not more than 7 percent of the 
     funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated $2,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this section. Funds 
     appropriated under the authority of this subsection shall 
     remain available until expended.

     ``SEC. 9305. NATIVE HAWAIIAN COMMUNITY-BASED EDUCATION 
                   LEARNING CENTERS.

       ``(a) General Authority.--The Secretary is authorized to 
     make direct grants, to collaborative efforts between 
     community-based Native Hawaiian organizations and community 
     colleges, to develop, establish, and operate a minimum of 
     three community-based education learning centers.
       ``(b) Purpose.--The learning centers described in 
     subsection (a) shall meet the needs of families and 
     communities through interdepartmental and interagency 
     coordination of new and existing public and private programs 
     and services, which may include--
       ``(1) preschool programs;
       ``(2) after-school programs; and
       ``(3) vocational and adult education programs.
       ``(c) Administrative Costs.--Not more than 7 percent of the 
     funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated $1,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this section. Funds 
     appropriated under the authority of this subsection shall 
     remain available until expended.

     ``SEC. 9306. NATIVE HAWAIIAN FAMILY-BASED EDUCATION CENTERS.

       ``(a) General Authority.--The Secretary is authorized to 
     make direct grants, to Native Hawaiian educational 
     organizations or educational entities with experience in 
     developing or operating Native Hawaiian programs or programs 
     of instruction conducted in the Native Hawaiian language, to 
     expand the operation of Family-Based Education Centers 
     throughout the Hawaiian Islands. The programs of such centers 
     may be conducted in the Hawaiian language, the English 
     language, or a combination thereof, and shall include--
       ``(1) parent-infant programs for prenatal through three-
     year-olds;
       ``(2) preschool programs for four- and five-year-olds;
       ``(3) continued research and development; and
       ``(4) a long-term followup and assessment program.
       ``(b) Administrative Costs.--Not more than 7 percent of the 
     funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(c) Authorization of Appropriations.--In addition to any 
     other amount authorized to be appropriated for the centers 
     described in subsection (a), there are authorized to be 
     appropriated $6,000,000 for fiscal year 1995, and such sums 
     as may be necessary for each of the 4 succeeding fiscal 
     years, to carry out this section. Funds appropriated under 
     the authority of this subsection shall remain available until 
     expended.

     ``SEC. 9307. NATIVE HAWAIIAN HIGHER EDUCATION PROGRAM.

       ``(a) General Authority.--
       ``(1) In general.--The Secretary is authorized to make 
     direct grants, to Native Hawaiian educational organizations 
     or educational entities with experience in developing or 
     operating Native Hawaiian programs or programs of instruction 
     conducted in the Native Hawaiian language, to enable such 
     organizations or entities to provide a program of 
     baccalaureate and post-baccalaureate fellowship assistance to 
     Native Hawaiian students.
       ``(2) Mandatory activities.--Such program shall include--
       ``(A) full or partial fellowship support for Native 
     Hawaiian students enrolled at two- or four-year degree 
     granting institutions of higher education with fellowship 
     awards to be based on academic potential and financial need; 
     and
       ``(B) full or partial fellowship support for Native 
     Hawaiian students enrolled at post-baccalaureate degree 
     granting institutions of higher education with priority given 
     to providing fellowship support for professions in which 
     Native Hawaiians are underrepresented and with fellowship 
     awards to be based on academic potential and financial need;
       ``(3) Permitted activities.--Such program may also 
     include--
       ``(A) counseling and support services for students 
     receiving fellowship assistance under paragraph (1);
       ``(B) college preparation and guidance counseling at the 
     secondary school level for students who may be eligible for 
     fellowship support pursuant to subsection (a)(2)(A);
       ``(C) appropriate research and evaluation of the activities 
     authorized by this section; and
       ``(D) implementation of faculty development programs for 
     the improvement and matriculation of Native Hawaiian 
     students.
       ``(b) Special Conditions Required.--For the purpose of 
     fellowships awarded under subsection (a), fellowship 
     conditions shall be established whereby fellowship recipients 
     obtain an enforceable contract obligation to provide their 
     professional services, either during the fellowship period or 
     upon completion of a baccalaureate or post-baccalaureate 
     degree program, to the Native Hawaiian community.
       ``(c) Administrative Costs.--Not more than 7 percent of the 
     funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated $2,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this section. Funds 
     appropriated under the authority of this subsection shall 
     remain available until expended.

     ``SEC. 9308. NATIVE HAWAIIAN GIFTED AND TALENTED PROGRAM.

       ``(a) General Authority.--The Secretary is authorized to 
     make a grant, to a Native Hawaiian educational organization 
     or an educational entity with experience in developing or 
     operating Native Hawaiian programs or programs of instruction 
     conducted in the Native Hawaiian language, for a gifted and 
     talented program designed to--
       ``(1) address the special needs of Native Hawaiian 
     elementary and secondary school students who are gifted and 
     talented students; and
       ``(2) provide those support services to the families of 
     such students that are needed to enable such students to 
     benefit from the program.
       ``(b) Uses of Funds.--The program funded under this section 
     may include--
       ``(1) the identification of the special needs of Native 
     Hawaiian gifted and talented students, particularly with 
     respect to--
       ``(A) the emotional and psychosocial needs of such 
     students; and
       ``(B) the provision of those support services to the 
     families of such students that are needed to enable such 
     students to benefit from the program;
       ``(2) the conduct of educational, psychosocial, and 
     developmental activities which hold reasonable promise of 
     resulting in substantial progress toward meeting the 
     educational needs of such students, including demonstrating 
     and exploring the use of the Native Hawaiian language and 
     exposure to Native Hawaiian cultural traditions;
       ``(3) leadership programs designed to--
       ``(A) replicate programs throughout the State of Hawai`i 
     for gifted and talented students who are not served under 
     this section; and
       ``(B) coordinate with other Native American gifted and 
     talented leadership programs, including the dissemination of 
     information derived from the program conducted under this 
     section; and
       ``(4) appropriate research, evaluation, and related 
     activities pertaining to--
       ``(A) the needs of such students; and
       ``(B) the provision of those support services to the 
     families of such students that are needed to enable such 
     students to benefit from the program.
       ``(c) Administrative Costs.--Not more than 7 percent of the 
     funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(d) Authorization of Appropriations.--In addition to any 
     other amount authorized to be appropriated for the program 
     described in this section, there are authorized to be 
     appropriated $1,500,000 for fiscal year 1995, and such sums 
     as may be necessary for each of the 4 succeeding fiscal 
     years, to carry out this section. Funds appropriated under 
     the authority of this subsection shall remain available until 
     expended.

     ``SEC. 9309. NATIVE HAWAIIAN SPECIAL EDUCATION PROGRAM.

       ``(a) General Authority.--The Secretary is authorized to 
     make grants to, or enter into contracts with, Native Hawaiian 
     educational organizations or educational entities with 
     experience in developing or operating Native Hawaiian 
     programs or programs of instruction conducted in the Native 
     Hawaiian language, to operate a program to address the 
     special education needs of Native Hawaiian students. Such 
     program may include--
       ``(1) the identification of Native Hawaiian students with 
     learning disabilities, mental or physical disabilities, 
     emotional impairments, or who are otherwise in need of 
     special educational services;
       ``(2) the identification of the special education needs of 
     such students, particularly with respect to--
       ``(A) the emotional and psychosocial needs of such 
     students; and
       ``(B) the provision of those support services to the 
     families of such students that are needed to enable such 
     students to benefit from the program;
       ``(3) the conduct of educational activities consistent with 
     part B of the Education of Individuals with Disabilities 
     Education Act which hold reasonable promise of resulting in 
     substantial progress toward meeting the educational needs of 
     such students;
       ``(4) the conduct of educational, psychosocial, and 
     developmental activities which hold reasonable promise of 
     resulting in substantial progress toward meeting the 
     educational needs of such students, including demonstrating 
     and exploring the use of the Native Hawaiian language and 
     exposure to Native Hawaiian cultural traditions; and
       ``(5) appropriate research, evaluation, and related 
     activities pertaining to--
       ``(A) the needs of such students;
       ``(B) the provision of those support services to the 
     families of such students that are needed to enable such 
     student to benefit from the program; and
       ``(C) the outcomes and benefits of activities assisted 
     under this section upon such students.
       ``(b) Administrative Costs.--Not more than 7 percent of the 
     funds appropriated to carry out the provisions of this 
     section for any fiscal year may be used for administrative 
     purposes.
       ``(c) Authorization of Appropriations.--In addition to any 
     other amount authorized to be appropriated for the program 
     described in 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 4 succeeding fiscal 
     years, to carry out this section. Funds appropriated under 
     the authority of this subsection shall remain available until 
     expended.

     ``SEC. 9310. NATIVE HAWAIIAN EDUCATION COUNCIL AND ISLAND 
                   COUNCILS.

       ``(a) Establishment of Native Hawaiian Education Council.--
     In order to better effectuate the purposes of this part 
     through the coordination of educational and related services 
     and programs available to Native Hawaiians, including those 
     programs receiving funding under this part, the Secretary is 
     authorized to establish a Native Hawaiian Education Council 
     (hereafter in this part referred to as the `Education 
     Council').
       ``(b) Composition of Education Council.--The Education 
     Council shall consist of not more than 25 members, including 
     a representative of--
       ``(1) each recipient of funds from the Secretary under this 
     part;
       ``(2) the State of Hawai`i Department of Education;
       ``(3) the State of Hawai`i Office of Hawaiian Affairs;
       ``(4) Native Hawaiian educational organizations, such as 
     Alu Like, Inc., Kamehameha Schools Bishop Estate, Hawaiian 
     Language Immersion Advisory Council, Aha Punana Leo, and the 
     Queen Lili`uokalani Trust and Children's Center; and
       ``(5) each Native Hawaiian education island council 
     established under subsection (f).
       ``(c) Conditions and Terms.--At least three-fourths of the 
     members of the Education Council shall be Native Hawaiians. 
     Members of the Education Council shall be appointed for 
     three-year terms.
       ``(d) Administrative Grant for the Education Council.--The 
     Secretary shall make a direct grant to the Education Council 
     in order to enable the Education Council to--
       ``(1) coordinate the educational and related services and 
     programs available to Native Hawaiians, including the 
     programs assisted under this part, and assess the extent to 
     which such services and programs meet the needs of Native 
     Hawaiians; and
       ``(2) provide direction and guidance, through the issuance 
     of reports and recommendations, to appropriate Federal, 
     State, and local agencies in order to focus and improve the 
     use of resources, including resources made available under 
     this part, on Native Hawaiian education.
       ``(e) Additional Duties of the Education Council.--
       ``(1) In general.--The Education Council shall provide 
     copies of any reports and recommendations issued by the 
     Education Council to the Secretary, the Committee on Indian 
     Affairs of the Senate, and the Committee on Education and 
     Labor of the House of Representatives, including any 
     information that the Education Council provides to the 
     Secretary pursuant to subsection (i)(1).
       ``(2) Annual report.--The Education Council shall present 
     to the Secretary an annual report on the Education Council's 
     activities.
       ``(3) Island council support and assistance.--The Education 
     Council shall provide such administrative support and 
     financial assistance to the island councils established 
     pursuant to subsection (f) as the Secretary deems 
     appropriate.
       ``(f) Establishment of Island Councils.--
       ``(1) In general.--In order to better effectuate the 
     purposes of this part and to ensure the adequate 
     representation of island and community interests within the 
     Education Council, the Office of Hawaiian Affairs of the 
     State of Hawai`i is authorized to facilitate the 
     establishment of Native Hawaiian education island councils 
     (hereafter in this part referred to as `island councils') for 
     the following islands:
       ``(A) Hawai`i.
       ``(B) Maui and Lana`i.
       ``(C) Moloka`i.
       ``(D) Kaua`i and Ni`ihau.
       ``(E) O`ahu.
       ``(2) Composition of island councils.--Each island council 
     shall consist of parents, students, and other community 
     members who have an interest in the education of Native 
     Hawaiians, and shall be representative of the educational 
     needs of all age groups, from preschool through adulthood. At 
     least three-fourths of the members of each island council 
     shall be Native Hawaiians
       ``(g) Administrative Provisions Relating to Education 
     Council and Island Councils.--The Education Council and each 
     island council shall meet at the call of the chairperson of 
     the respective council, or upon the request of the majority 
     of the members of the respective council, but in any event 
     not less than four times during each calendar year. The 
     provisions of the Federal Advisory Committee Act shall not 
     apply to the Education Council and each island council.
       ``(h) Compensation.--Members of the Education Council and 
     each island council shall not receive any compensation for 
     services on the Education Council and each island council, 
     respectively.
       ``(i) Report.--Not later than four years after the date of 
     the enactment of the Improving America's Schools Act of 1994, 
     the Secretary shall prepare and submit to the Committee on 
     Indian Affairs of the Senate, and the Committee on Education 
     and Labor of the House of Representatives, a report which 
     summarizes the annual reports of the Education Council, 
     describes the allocation and utilization of funds under this 
     part, and contains recommendations for changes in Federal, 
     State, and local policy to advance the purposes of this part.
       ``(j) Authorization of Appropriations.--There are 
     authorized to be appropriated $500,000 for fiscal year 1995, 
     and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this section. Funds 
     appropriated under the authority of this subsection shall 
     remain available until expended.

     ``SEC. 9311. ADMINISTRATIVE PROVISIONS.

       ``(a) Application Required.--No grant may be made under 
     this part, nor any contract be entered into under this part, 
     unless an application is submitted to the Secretary in such 
     form, in such manner, and containing such information as the 
     Secretary may determine necessary to carry out the provisions 
     of this part.
       ``(b) Special Rule.--Each application submitted under this 
     part shall be accompanied by the comments of each local 
     educational agency serving students who will participate in 
     the program for which assistance is sought.

     ``SEC. 9312. DEFINITIONS.

       ``For the purposes of this part--
       ``(1) the term `Native Hawaiian' means any individual who 
     is a descendant of the aboriginal people, who prior to 1778, 
     occupied and exercised sovereignty in the area that now 
     comprises the State of Hawai`i, as evidenced by--
       ``(A) genealogical records;
       ``(B) Kupuna (elders) or Kama`aina (long-term community 
     residents) verification; or
       ``(C) certified birth records;
       ``(2) the term `Native Hawaiian educational organization' 
     means a private nonprofit organization that--
       ``(A) serves the interests of Native Hawaiians;
       ``(B) has a demonstrated expertise in the education of 
     Native Hawaiians; and
       ``(C) has Native Hawaiians in substantive and policymaking 
     positions within the organization;
       ``(3) the term `Native Hawaiian language' means the single 
     Native American language indigenous to the original 
     inhabitants of the State of Hawai`i;
       ``(4) the term `Office of Hawaiian Affairs' means the 
     Office of Hawaiian Affairs established by the Constitution of 
     the State of Hawai`i; and
       ``(5) the term `Native Hawaiian community-based 
     organization' means any organization which is composed 
     primarily of Native Hawaiians from a specific community and 
     which assists in the social, cultural and educational 
     development of Native Hawaiians in that community.

                    ``PART D--TERRITORIAL ASSISTANCE

     ``SEC. 9401. GENERAL ASSISTANCE FOR THE VIRGIN ISLANDS.

       ``There are authorized to be appropriated $5,000,000 for 
     fiscal year 1995 and for each of the 4 succeeding fiscal 
     years, for the purpose of providing general assistance to 
     improve public education in the Virgin Islands.
                     ``TITLE X--GENERAL PROVISIONS

                         ``PART A--DEFINITIONS

     ``SEC. 10101. DEFINITIONS.

       ``Except as otherwise provided, for the purposes of this 
     Act, the following terms have the following meanings:
       ``(1) Average daily attendance.--(A) Except as provided 
     otherwise by State law or this paragraph, the term `average 
     daily attendance' means--
       ``(i) the aggregate number of days of attendance of all 
     students during a school year; divided by
       ``(ii) the number of days school is in session during such 
     school year.
       ``(B) The Secretary shall permit the conversion of average 
     daily membership (or other similar data) to average daily 
     attendance for local educational agencies in States that 
     provide State aid to local educational agencies on the basis 
     of average daily membership or such other data.
       ``(C) If the local educational agency in which a child 
     resides makes a tuition or other payment for the free public 
     education of the child in a school located in another school 
     district, the Secretary shall, for purposes of this Act--
       ``(i) consider the child to be in attendance at a school of 
     the agency making such payment; and
       ``(ii) not consider the child to be in attendance at a 
     school of the agency receiving such payment.
       ``(D) If a local educational agency makes a tuition payment 
     to a private school or to a public school of another local 
     educational agency for a child with disabilities, as defined 
     in section 602(a)(1) of the Individuals with Disabilities 
     Education Act, the Secretary shall, for the purposes of this 
     Act, consider such child to be in attendance at a school of 
     the agency making such payment.
       ``(2) Average per-pupil expenditure.--The term `average 
     per-pupil expenditure' means, in the case of a State or of 
     the United States--
       ``(A) without regard to the source of funds--
       ``(i) the aggregate current expenditures, during the third 
     preceding fiscal year (or, if satisfactory data for that year 
     are not available, during the most recent preceding fiscal 
     year for which satisfactory data are available) of all local 
     educational agencies in the State or, in the case of the 
     United States for all States (which, for the purpose of this 
     paragraph, means the 50 States and the District of Columbia); 
     plus
       ``(ii) any direct current expenditures by the State for 
     operation of such agencies; divided by
       ``(B) the aggregate number of children in average daily 
     attendance to whom such agencies provided free public 
     education during such preceding year.
       ``(3) Child.--The term `child' means any person within the 
     age limits for which the applicable State provides free 
     public education.
       ``(4) Community-based organization.--The term `community-
     based organization' means a public or private nonprofit 
     organization of demonstrated effectiveness that--
       ``(A) is representative of a community or significant 
     segments of a community; and
       ``(B) provides educational or related services to 
     individuals in the community.
       ``(5) Consolidated state application.--The term 
     `consolidated State application' means an application 
     submitted by a State educational agency pursuant to section 
     10302.
       ``(6) County.--The term `county' means one of those 
     divisions of a State used by the Secretary of Commerce in 
     compiling and reporting data regarding counties.
       ``(7) Covered program.--The term `covered program' means 
     each of the programs authorized by--
       ``(A) part A of title I;
       ``(B) part D of title I;
       ``(C) part A of title II (other than sections 2114 and 
     2115);
       ``(D) subpart 1 of part A of title V (other than section 
     5114);
       ``(E) subpart 2 of part A of title III; and
       ``(F) title XIII.
       ``(8) Current expenditures.--The term `current 
     expenditures' means expenditures for free public education--
       ``(A) including expenditures for administration, 
     instruction, attendance and health services, pupil 
     transportation services, operation and maintenance of plant, 
     fixed charges, and net expenditures to cover deficits for 
     food services and student body activities; but
       ``(B) not including expenditures for community services, 
     capital outlay, and debt service, or any expenditures made 
     from funds received under title I, part A of title II, and 
     title XIII.
       ``(9) Department.--The term `Department' means the 
     Department of Education.
       ``(10) Educational service agency.--The term `educational 
     service agency' means regional public multiservice agencies 
     authorized by State statute to develop, manage, and provide 
     services or programs to local educational agencies.
       ``(11) Elementary school.--The term `elementary school' 
     means a day or residential school that provides elementary 
     education, as determined under State law.
       ``(12) Free public education.--The term `free public 
     education' means education that is provided--
       ``(A) at public expense, under public supervision and 
     direction, and without tuition charge; and
       ``(B) as elementary or secondary school education as 
     determined under applicable State law, except that such term 
     does not include any education provided beyond grade 12.
       ``(13) Institution of higher education.--The term 
     `institution of higher education' has the meaning given that 
     term in section 1201 of the Higher Education Act of 1965.
       ``(14) Interoperable and interoperability.--The terms 
     `interoperable' and `interoperability' refer to the ability 
     to easily exchange data with, and connect to, other hardware 
     and software in order to provide the greatest accessibility 
     to such data for all students.
       ``(15) Local educational agency.--(A) The term `local 
     educational agency' means a public board of education or 
     other public authority legally constituted within a State for 
     either administrative control or direction of, or to perform 
     a service function for, public elementary or secondary 
     schools in a city, county, township, school district, or 
     other political subdivision of a State, or for such 
     combination of school districts or counties as are recognized 
     in a State as an administrative agency for its public 
     elementary or secondary schools.
       ``(B) The term includes any other public institution or 
     agency having administrative control and direction of a 
     public elementary or secondary school.
       ``(C) The term includes an elementary or secondary school 
     funded by the Bureau of Indian Affairs but only to the extent 
     that such inclusion makes such school eligible for programs 
     for which specific eligibility is not provided to such school 
     in another provision of law, except that such school shall 
     not be subject to the jurisdiction of any State educational 
     agency other than the Bureau of Indian Affairs.
       ``(16) Other staff.--The term `other staff' means pupil 
     services personnel, librarians, career guidance and 
     counseling personnel, education aides, and other 
     instructional and administrative personnel.
       ``(17) Outlying area.--The term `outlying area' means the 
     Virgin Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, the Republic of the Marshall 
     Islands, the Federated States of Micronesia, and Palau.
       ``(18) Parent.--The term `parent' includes a legal guardian 
     or other person standing in loco parentis.
       ``(19) Public telecommunication entity.--The term `public 
     telecommunication entity' has the same meaning given to such 
     term in section 397(12) of the Communications Act of 1934.
       ``(20) Pupil services personnel; pupil services.--
       ``(A) The term `pupil services personnel' means school 
     counselors, school social workers, school psychologists, and 
     other qualified professional personnel involved in providing 
     assessment, diagnosis, counseling, educational, therapeutic, 
     and other necessary services (including related services as 
     such term is defined in section 602 of the Individuals with 
     Disabilities Education Act) as part of a comprehensive 
     program to meet student needs.
       ``(B) The term `pupil services' means the services provided 
     by pupil services personnel.
       ``(21) Secondary school.--The term `secondary school' means 
     a day or residential school that provides secondary 
     education, as determined under State law, except that such 
     term does not include any education beyond grade 12.
       ``(22) Secretary.--The term `Secretary' means the Secretary 
     of Education.
       ``(23) State.--The term `State' means each of the 50 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, and each of the outlying areas.
       ``(24) State educational agency.--The term `State 
     educational agency' means the agency primarily responsible 
     for the State supervision of public elementary and secondary 
     schools.
       ``(25) Technology.--The term `technology' means the latest 
     state-of-the-art technology products and services, such as 
     closed circuit television systems, educational television or 
     radio programs and services, cable television, satellite, 
     copper and audio laser and CD-ROM disks, video and audio 
     tapes, or other technologies.

     ``SEC. 10102. APPLICABILITY OF THIS TITLE.

       ``Parts B through F of this title do not apply to part A of 
     title IX.

   ``PART B--FLEXIBILITY IN THE USE OF ADMINISTRATIVE AND OTHER FUNDS

     ``SEC. 10201. CONSOLIDATION OF STATE ADMINISTRATIVE FUNDS FOR 
                   ELEMENTARY AND SECONDARY EDUCATION PROGRAMS.

       ``(a) Consolidation of Administrative Funds.--
       ``(1) In general.--A State educational agency may 
     consolidate the amounts specifically made available to such 
     agency for State administration under one or more of the 
     programs specified under paragraph (2).
       ``(2) Applicability.--This section applies to programs 
     under title I and those covered programs described in 
     subparagraphs (C), (D), (E), and (F) of section 10101(7).
       ``(b) Use of Funds.--
       ``(1) In general.--A State educational agency shall use the 
     amount available under this section for the administration of 
     the programs included in the consolidation under subsection 
     (a).
       ``(2) Additional uses.--A State educational agency may also 
     use funds available under this section for administrative 
     activities designed to enhance the effective and coordinated 
     use of funds under the programs included in the consolidation 
     under subsection (a), such as--
       ``(A) the coordination of such programs with other Federal 
     and non-Federal programs;
       ``(B) the establishment and operation of peer-review 
     mechanisms under this Act;
       ``(C) the administration of this title;
       ``(D) the dissemination of information regarding model 
     programs and practices; and
       ``(E) technical assistance under programs specified in 
     subsection (a)(2).
       ``(c) Records.--A State educational agency that 
     consolidates administrative funds under this section shall 
     not be required to keep separate records, by individual 
     program, to account for costs relating to the administration 
     of programs included in the consolidation under subsection 
     (a).
       ``(d) Review.--To determine the effectiveness of State 
     administration under this section, the Secretary may 
     periodically review the performance of State educational 
     agencies in using consolidated administrative funds under 
     this section and take such steps as the Secretary finds 
     appropriate to ensure the effectiveness of such 
     administration.
       ``(e) Unused Administrative Funds.--If a State educational 
     agency does not use all of the funds available to such agency 
     under this section for administration, such agency may use 
     such funds during the applicable period of availability as 
     funds available under one or more programs included in the 
     consolidation under subsection (a).

     ``SEC. 10202. SINGLE LOCAL EDUCATIONAL AGENCY STATES.

       ``A State educational agency that also serves as a local 
     educational agency, in such agency's applications or State 
     plans under this Act, shall describe how such agency will 
     eliminate duplication in the conduct of administrative 
     functions.

     ``SEC. 10203. CONSOLIDATION OF FUNDS FOR LOCAL 
                   ADMINISTRATION.

       ``(a) General Authority.--In accordance with regulations 
     issued by the Secretary, a local educational agency, with the 
     approval of its State educational agency, may consolidate and 
     use for the administration of one or more covered programs 
     for any fiscal year not more than the percentage, determined 
     by its State educational agency, of the total amount 
     available to that local educational agency under those 
     covered programs.
       ``(b) State Procedures.--Within one year from the date of 
     enactment of the Improving America's Schools Act of 1994, a 
     State educational agency, in collaboration with local 
     educational agencies in the State, shall establish procedures 
     for responding to requests from local educational agencies to 
     consolidate administrative funds under subsection (a) and for 
     establishing limitations on the amount of funds under covered 
     programs that may be used for administration on a 
     consolidated basis.
       ``(c) Conditions.--A local educational agency that 
     consolidates administrative funds under this section for any 
     fiscal year shall not use any other funds under the programs 
     included in the consolidation for administration for that 
     fiscal year.
       ``(d) Uses of Administrative Funds.--A local educational 
     agency that consolidates administrative funds under this 
     section may use such consolidated funds for the 
     administration of covered programs and for the purposes 
     described in section 10201(b)(2).
       ``(e) Records.--A local educational agency that 
     consolidates administrative funds under this section shall 
     not be required to keep separate records, by individual 
     covered program, to account for costs relating to the 
     administration of covered programs included in the 
     consolidation.

     ``SEC. 10204. ADMINISTRATIVE FUNDS STUDY.

       ``(a) Study.--
       ``(1) In general.--The Secretary may conduct a study of the 
     use of funds under this Act for the administration, by State 
     and local educational agencies, of covered programs, 
     including the percentage of grant funds used for such purpose 
     in covered programs.
       ``(2) Results.--Based on the results of such study, the 
     Secretary may publish regulations or guidelines regarding the 
     use of funds for administration under covered programs, 
     including the use of such funds on a consolidated basis and 
     limitations on the amount of such funds that may be used for 
     administration.
       ``(b) Report.--The Secretary shall submit to the President 
     and the appropriate committees of the Congress a report 
     regarding the study, if any, conducted under this section 
     within 30 days of the completion of such study.

     ``SEC. 10205. CONSOLIDATED SET-ASIDE FOR DEPARTMENT OF THE 
                   INTERIOR FUNDS.

       ``(a) General Authority.--
       ``(1) Transfer.--The Secretary shall transfer to the 
     Department of the Interior, as a consolidated amount for 
     covered programs, the Indian education programs under part A 
     of title VI of this Act, and the education for homeless 
     children and youth program under subtitle B of title VII of 
     the Stewart B. McKinney Homeless Assistance Act, the amounts 
     allotted to the Department of the Interior under those 
     programs.
       ``(2) Agreement.--(A) The Secretary and the Secretary of 
     the Interior shall enter into an agreement, consistent with 
     the requirements of the programs specified in paragraph (1), 
     for the distribution and use of those funds under terms that 
     the Secretary determines best meet the purposes of those 
     programs.
       ``(B) The agreement shall--
       ``(i) set forth the plans of the Secretary of the Interior 
     for the use of the amount transferred, the steps to be taken 
     to achieve the National Education Goals, and performance 
     measures to assess program effectiveness, including 
     measurable goals and objectives; and
       ``(ii) be developed in consultation with Indian tribes.
       ``(b) Administration.--The Department of the Interior may 
     use not more than 1.5 percent of the funds consolidated under 
     this section for such department's costs related to the 
     administration of the funds transferred under this section.

     ``SEC. 10206. AVAILABILITY OF UNNEEDED PROGRAM FUNDS.

       ``With the approval of its State educational agency, a 
     local educational agency that determines for any fiscal year 
     that funds under a covered program other than part A of title 
     I are not needed for the purpose of that covered program may 
     use such funds, not to exceed 5 percent of the total amount 
     of such local educational agency's funds under that covered 
     program, for the purpose of another covered program.

   ``PART C--COORDINATION OF PROGRAMS; CONSOLIDATED STATE AND LOCAL 
                              APPLICATIONS

     ``SEC. 10301. PURPOSE.

       ``It is the purpose of this part to improve teaching and 
     learning by encouraging greater cross-program coordination, 
     planning, and service delivery under this Act and enhanced 
     integration of programs under this Act with educational 
     activities carried out with State and local funds.

     ``SEC. 10302. OPTIONAL CONSOLIDATED STATE APPLICATION.

       ``(a) General Authority.--
       ``(1) Simplification.--In order to simplify application 
     requirements and reduce burden for State educational agencies 
     under this Act, the Secretary, in accordance with subsection 
     (b), shall establish procedures and criteria under which a 
     State educational agency may submit a consolidated State plan 
     or application meeting the requirements of this section for 
     each of the covered programs in which the State participates.
       ``(2) Additional programs.--A State educational agency may 
     also include in its consolidated plan or application--
       ``(A) the Even Start program under part C of title I;
       ``(B) the education for neglected and delinquent youth 
     program under part E of title I;
       ``(C) part A of title II of the Carl D. Perkins Vocational 
     and Applied Technology Education Act; and
       ``(D) such other programs as the Secretary may designate.
       ``(3) Consolidated applications and plans.--A State 
     educational agency that submits a consolidated State plan or 
     application under this section shall not be required to 
     submit separate State plans or applications under any of the 
     programs to which the consolidated application under this 
     section applies.
       ``(b) Collaboration.--
       ``(1) In general.--In establishing criteria and procedures 
     under this section, the Secretary shall collaborate with 
     State educational agencies and, as appropriate, with other 
     State agencies, local educational agencies, public and 
     private nonprofit agencies, organizations, and institutions, 
     private schools, and representatives of parents, students, 
     and teachers.
       ``(2) Contents.--Through the collaborative process 
     described in subsection (b), the Secretary shall establish, 
     for each program under the Act to which this section applies, 
     the descriptions, information, assurances, and other material 
     required to be included in a consolidated State plan or 
     application.

     ``SEC. 10303. GENERAL APPLICABILITY OF STATE EDUCATIONAL 
                   AGENCY ASSURANCES.

       ``(a) Assurances.--A State educational agency that submits 
     a State plan or application under this Act, whether 
     separately or under section 10302, shall have on file with 
     the Secretary a single set of assurances, applicable to each 
     program for which a plan or application is submitted, that 
     provides that--
       ``(1) each such program will be administered in accordance 
     with all applicable statutes, regulations, program plans, and 
     applications;
       ``(2)(A) the control of funds provided under each such 
     program and title to property acquired with program funds 
     will be in a public agency, in a nonprofit private agency, 
     institution, or organization, or in an Indian tribe if the 
     statute authorizing the program provides for assistance to 
     such entities; and
       ``(B) the public agency, nonprofit private agency, 
     institution, or organization, or Indian tribe will administer 
     such funds and property to the extent required by the 
     authorizing statutes;
       ``(3) the State will adopt and use proper methods of 
     administering each such program, including--
       ``(A) the enforcement of any obligations imposed by law on 
     agencies, institutions, organizations and other recipients 
     responsible for carrying out each program;
       ``(B) the correction of deficiencies in program operations 
     that are identified through audits, monitoring, or 
     evaluation; and
       ``(C) the adoption of written procedures for the receipt 
     and resolution of complaints alleging violations of law in 
     the administration of such programs;
       ``(4) the State will cooperate in carrying out any 
     evaluation of each such program conducted by or for the 
     Secretary or other Federal officials;
       ``(5) the State will use such fiscal control and fund 
     accounting procedures as will ensure proper disbursement of, 
     and accounting for, Federal funds paid to the State under 
     each such program;
       ``(6) the State will--
       ``(A) make reports to the Secretary as may be necessary to 
     enable the Secretary to perform the Secretary's duties under 
     each such program; and
       ``(B) maintain such records, provide such information to 
     the Secretary, and afford access to the records as the 
     Secretary may find necessary to carry out the Secretary's 
     duties; and
       ``(7) before the application was submitted to the 
     Secretary, the State has afforded a reasonable opportunity 
     for public comment on the application and has considered such 
     comment.
       ``(b) GEPA Provision.--Section 435 of the General Education 
     Provisions Act does not apply to programs under this Act.

     ``SEC. 10304. CONSOLIDATED LOCAL APPLICATIONS.

       ``(a) General Authority.--A local educational agency 
     receiving funds under more than one covered program may 
     submit plans or applications to the State educational agency 
     under such programs on a consolidated basis.
       ``(b) Required Consolidated Applications.--A State 
     educational agency that has submitted and had approved a 
     consolidated State plan or application under section 10302 
     may require local educational agencies in the State receiving 
     funds under more than one program included in the 
     consolidated State plan or application to submit consolidated 
     local plans or applications under such programs.
       ``(c) Collaboration.--A State educational agency shall 
     collaborate with local educational agencies in the State in 
     establishing procedures for the submission of the 
     consolidated plans or applications under this section.

     ``SEC. 10305. OTHER GENERAL ASSURANCES.

       ``(a) Assurances.--Any applicant other than a State 
     educational agency that submits a plan or application under 
     this Act, whether separately or pursuant to section 10304, 
     shall have on file with the State educational agency a single 
     set of assurances, applicable to each program for which a 
     plan or application is submitted, that provides that--
       ``(1) each such program will be administered in accordance 
     with all applicable statutes, regulations, program plans, and 
     applications;
       ``(2)(A) the control of funds provided under each such 
     program and title to property acquired with program funds 
     will be in a public agency or in a nonprofit private agency, 
     institution, organization, or Indian tribe, if the statute 
     authorizing the program provides for assistance to such 
     entities; and
       ``(B) the public agency, nonprofit private agency, 
     institution, or organization, or Indian tribe will administer 
     such funds and property to the extent required by the 
     authorizing statutes;
       ``(3) the applicant will adopt and use proper methods of 
     administering each such program, including--
       ``(A) the enforcement of any obligations imposed by law on 
     agencies, institutions, organizations, and other recipients 
     responsible for carrying out each program; and
       ``(B) the correction of deficiencies in program operations 
     that are identified through audits, monitoring, or 
     evaluation;
       ``(4) the applicant will cooperate in carrying out any 
     evaluation of each such program conducted by or for the State 
     educational agency or the Secretary or other Federal 
     officials;
       ``(5) the applicant will use such fiscal control and fund 
     accounting procedures as will ensure proper disbursement of, 
     and accounting for, Federal funds paid to such applicant 
     under each such program;
       ``(6) the applicant will--
       ``(A) make reports to the State educational agency and the 
     Secretary as may be necessary to enable such agency and the 
     Secretary to perform their duties under each such program; 
     and
       ``(B) maintain such records, provide such information, and 
     afford access to the records as the State educational agency 
     or the Secretary may find necessary to carry out the State 
     educational agency's or the Secretary's duties; and
       ``(7) before the plan or application was submitted, the 
     applicant is afforded a reasonable opportunity for public 
     comment on the plan or application and has considered such 
     comment.
       ``(b) GEPA Provision.--Section 436 of the General Education 
     Provisions Act does not apply to programs under this Act.

     ``SEC. 10306. RELATIONSHIP OF STATE AND LOCAL PLANS TO PLANS 
                   UNDER THE GOALS 2000: EDUCATE AMERICA ACT.

       ``(a) State Plans.--
       ``(1) In general.--Each State plan submitted under the 
     following programs shall be integrated with each other and 
     the State's plan, if any, either approved or being developed, 
     under title III of the Goals 2000: Educate America Act:
       ``(A) Part A of title I (making high-poverty schools work).
       ``(B) Part D of title I (education of migratory children).
       ``(C) Part E of title I (education of neglected and 
     delinquent youth).
       ``(D) Part A of title II (professional development).
       ``(E) Subpart 1 of part A of title V (safe and drug-free 
     schools).
       ``(F) Part D of title VI (Indian education).
       ``(2) Special rule.--Notwithstanding any other provision of 
     this Act, if a requirement relating to a State plan referred 
     to in paragraph (1) is already satisfied by the State's 
     approved plan under title III of the Goals 2000: Educate 
     America Act, the State plan referred to in paragraph (1) need 
     not separately address that requirement.
       ``(3) Amendment.--Any State plan referred to in paragraph 
     (1) may, if necessary, be submitted as an amendment to the 
     State's plan under title III of the Goals 2000: Educate 
     America Act.
       ``(b) Local Plans.--
       ``(1) In general.--Each local educational agency plan 
     submitted under the following programs shall be integrated 
     with each other and its plan, if any, either approved or 
     being developed, under title III of the Goals 2000: Educate 
     America Act:
       ``(A) Part A of title I (making high-poverty schools work).
       ``(B) Part A of title II (professional development).
       ``(C) Subpart 1 of part A of title V (safe and drug-free 
     schools).
       ``(D) Part A of title VI (Indian education).
       ``(E) Subpart 1 of part A of title VII (bilingual 
     education).
       ``(F) Part B of title IX (emergency immigrant education).
       ``(2) Plan of operation.--Each plan of operation included 
     in an application submitted by an eligible entity under part 
     C of title I (Even Start) shall be consistent with, and 
     promote the goals of, the State and local plans, either 
     approved or being developed, under title III of the Goals 
     2000: Educate America Act or, if those plans are not approved 
     or being developed, with the State and local plans under 
     sections 1111 and 1112 of this Act.
       ``(3) Special rule.--Notwithstanding any other provision of 
     this Act, if a requirement relating to a local plan referred 
     to in paragraph (1) is already satisfied by the local 
     educational agency's approved plan under title III of the 
     Goals 2000: Educate America Act, the local plan referred to 
     in paragraph (1) need not separately address that 
     requirement.
       ``(4) Submission.--Any local plan referred to in paragraph 
     (1) may, if necessary, be submitted as an amendment to the 
     local educational agency's plan under title III of the Goals 
     2000: Educate America Act.

                           ``PART D--WAIVERS

     ``SEC. 10401. WAIVERS OF STATUTORY AND REGULATORY 
                   REQUIREMENTS.

       ``(a) Waiver Authority.--Except as provided in subsection 
     (c), the Secretary may waive any requirement of this Act or 
     of the General Education Provisions Act, or of the 
     regulations issued under such Acts, for a State educational 
     agency, local educational agency, Indian tribe, or other 
     agency, organization, or institution that receives funds 
     under a program authorized by this Act from the Department 
     and that requests such a waiver, if--
       ``(1) the Secretary determines that such requirement 
     impedes the ability of the State educational agency or other 
     recipient to achieve more effectively the purposes of this 
     Act;
       ``(2) in the case of a waiver proposal submitted by a State 
     educational agency, the State educational agency--
       ``(A) provides all interested local educational agencies in 
     the State with notice and an opportunity to comment on the 
     proposal; and
       ``(B) submits the comments to the Secretary; and
       ``(3) in the case of a waiver proposal submitted by a local 
     educational agency or other agency, institution, or 
     organization that receives funds under this Act from a State 
     educational agency, such request has been reviewed by the 
     State educational agency and is accompanied by the comments, 
     if any, of such State educational agency.
       ``(b) Waiver Period.--
       ``(1)  In general.--A waiver under this section shall be 
     for a period not to exceed 4 years.
       ``(2) Extension.--The Secretary may extend the period 
     described in paragraph (1) if the Secretary determines that--
       ``(A) the waiver has been effective in enabling the State 
     or affected recipients to carry out the activities for which 
     the waiver was requested and the waiver has contributed to 
     improved performance; and
       ``(B) such extension is in the public interest.
       ``(c) Waivers Not Authorized.--The Secretary may not waive, 
     under this section, any statutory or regulatory requirement 
     relating to--
       ``(1) comparability of services;
       ``(2) maintenance of effort;
       ``(3) the equitable participation of students attending 
     private schools;
       ``(4) parental participation and involvement;
       ``(5) the distribution of funds to States or to local 
     educational agencies or other recipients of funds under this 
     Act;
       ``(6) applicable civil rights requirements; or
       ``(7) the requirements of sections 438 and 439 of the 
     General Education Provisions Act.
       ``(d) Termination of Waivers.--The Secretary shall 
     terminate a waiver under this section if the Secretary 
     determines that the performance of the State or other 
     recipient affected by the waiver has been inadequate to 
     justify a continuation of the waiver or if the waiver is no 
     longer necessary to achieve its original purposes.

                      ``PART E--UNIFORM PROVISIONS

     ``SEC. 10501. MAINTENANCE OF EFFORT.

       ``(a) In General.--A local educational agency may receive 
     funds under a covered program for any fiscal year only if the 
     State educational agency finds that either the combined 
     fiscal effort per student or the aggregate expenditures of 
     that agency and the State with respect to the provision of 
     free public education by that agency for the preceding fiscal 
     year was not less than 90 percent of such combined fiscal 
     effort or aggregate expenditures for the second preceding 
     fiscal year.
       ``(b) Reduction in Case of Failure To Meet.--
       ``(1) In general.--The State educational agency shall 
     reduce the amount of the allocation of funds under a covered 
     program in any fiscal year in the exact proportion to which a 
     local educational agency fails to meet the requirement of 
     subsection (a) by falling below 90 percent of both the 
     combined fiscal effort per student and aggregate expenditures 
     (using the measure most favorable to such local agency).
       ``(2) Special rule.--No such lesser amount shall be used 
     for computing the effort required under subsection (a) for 
     subsequent years.
       ``(c) Waiver.--The Secretary may waive the requirements of 
     this section if the Secretary determines that such a waiver 
     would be equitable due to--
       ``(1) exceptional or uncontrollable circumstances such as a 
     natural disaster; or
       ``(2) a precipitous decline in the financial resources of 
     the local educational agency.

     ``SEC. 10502. PROHIBITION REGARDING STATE AID.

       ``No State shall take into consideration payments under 
     this Act in determining the eligibility of any local 
     educational agency in that State for State aid, or the amount 
     of State aid, with respect to free public education of 
     children.

     ``SEC. 10503. PARTICIPATION BY PRIVATE SCHOOL CHILDREN AND 
                   TEACHERS.

       ``(a) Private School Participation.--
       ``(1) In general.--Except as otherwise provided in this 
     Act, to the extent consistent with the number of eligible 
     children in a State educational agency, local educational 
     agency, or intermediate educational agency or consortium 
     receiving financial assistance under a program specified in 
     subsection (b), who are enrolled in private elementary and 
     secondary schools in such agency or consortium, such agency 
     or consortium shall, after timely and meaningful consultation 
     with appropriate private school officials, provide such 
     children, their teachers, administrators, and other staff, on 
     an equitable basis, special educational services or other 
     benefits under such program.
       ``(2) Secular, neutral, and nonideological services or 
     benefits.--Educational services or other benefits, including 
     materials and equipment, provided under this section, must be 
     secular, neutral, and nonideological.
       ``(3) Special rule.--Educational services and other 
     benefits provided under this section for such private school 
     children, teachers, and other educational personnel shall be 
     equitable in comparison to services and other benefits for 
     public school children, teachers, administrators, and other 
     staff participating in such program.
       ``(4) Expenditures.--Expenditures for educational services 
     and other benefits provided under this section to eligible 
     private school children, their teachers, and other 
     educational personnel serving such children shall be equal, 
     taking into account the number and educational needs of the 
     children to be served, to the expenditures for participating 
     public school children.
       ``(5) Provision of services.--Such agency or consortium may 
     provide such services directly or through contracts with 
     public and private agencies, organizations, and institutions.
       ``(b) Applicability.--
       ``(1) In general.--This section applies to--
       ``(A) part A of title I;
       ``(B) part D of title I;
       ``(C) part A of title II (other than section 2114);
       ``(D) part A of title III;
       ``(E) part B of title III;
       ``(F) part D of title III;
       ``(G) subpart 1 of part A of title V (other than section 
     5114);
       ``(H) title VII;
       ``(I) part B of title IX; and
       ``(J) title XIII.
       ``(2) Definition.--For the purposes of this section, the 
     term `eligible children' means children eligible for services 
     under a program described in paragraph (1).
       ``(c) Consultation.--
       ``(1) In general.--To ensure timely and meaningful 
     consultation, such agency or consortium shall consult with 
     appropriate private school officials during the design and 
     development of the programs under this Act, on issues such 
     as--
       ``(A) how the children's needs will be identified;
       ``(B) what services will be offered;
       ``(C) how and where the services will be provided; and
       ``(D) how the services will be assessed.
       ``(2) Timing.--Such consultation shall occur before the 
     agency or consortium makes any decision that affects the 
     opportunities of eligible private school children, teachers, 
     and other educational personnel to participate in programs 
     under this Act.
       ``(3) Discussion required.--Such consultation shall include 
     a discussion of service delivery mechanisms that an agency or 
     consortium could use to provide equitable services to 
     eligible private school children, teachers, administrators, 
     and other staff.
       ``(d) Public Control of Funds.--
       ``(1) In general.--The control of funds used to provide 
     services under this section, and title to materials, 
     equipment, and property purchased with such funds, shall be 
     in a public agency for the uses and purposes provided in this 
     Act, and a public agency shall administer such funds and 
     property.
       ``(2) Provision of services.--(A) The provision of services 
     under this section shall be provided--
       ``(i) by employees of a public agency; or
       ``(ii) through contract by such public agency with an 
     individual, association, agency, or organization.
       ``(B) In the provision of such services, such employee, 
     person, association, agency, or organization shall be 
     independent of such private school and of any religious 
     organization, and such employment or contract shall be under 
     the control and supervision of such public agency.
       ``(C) Funds used to provide services under this section 
     shall not be commingled with non-Federal funds.

     ``SEC. 10504. STANDARDS FOR BY-PASS.

       ``If, by reason of any provision of law, a State, local, or 
     intermediate educational agency or consortium of such 
     agencies is prohibited from providing for the participation 
     in programs of children enrolled in, or teachers or other 
     educational personnel from, private elementary and secondary 
     schools, on an equitable basis, or if the Secretary 
     determines that such agency or consortium has substantially 
     failed or is unwilling to provide for such participation, as 
     required by section 10503, the Secretary shall--
       ``(1) waive the requirements of that section for such 
     agency or consortium; and
       ``(2) arrange for the provision of equitable services to 
     such children, teachers, or other educational personnel 
     through arrangements that shall be subject to the 
     requirements of this section and of sections 10503, 10505, 
     and 10506.

     ``SEC. 10505. COMPLAINT PROCESS FOR PARTICIPATION OF PRIVATE 
                   SCHOOL CHILDREN.

       ``(a) Procedures for Complaints.--The Secretary shall 
     develop and implement written procedures for receiving, 
     investigating, and resolving complaints from parents, 
     teachers, or other individuals and organizations concerning 
     violations by an agency or consortium of section 10503 of 
     this Act. Such individual or organization shall submit such 
     complaint to the State educational agency for a written 
     resolution by such agency within a reasonable period of time.
       ``(b) Appeals to the Secretary.--Such resolution may be 
     appealed by an interested party to the Secretary within 30 
     days after the State educational agency resolves the 
     complaint or fails to resolve the complaint within a 
     reasonable period of time. Such appeal shall be accompanied 
     by a copy of the State educational agency's resolution, and a 
     complete statement of the reasons supporting the appeal. The 
     Secretary shall investigate and resolve each such appeal 
     within 120 days after receipt of the appeal.

     ``SEC. 10506. BY-PASS DETERMINATION PROCESS.

       ``(a) Review.--
       ``(1) In general.--(A) The Secretary shall not take any 
     final action under section 10504 until the agency or 
     consortium affected by such action has had an opportunity, 
     for at least 45 days after receiving written notice thereof, 
     to submit written objections and to appear before the 
     Secretary to show cause why that action should not be taken.
       ``(B) Pending final resolution of any investigation or 
     complaint that could result in a determination under this 
     section, the Secretary may withhold from the allocation of 
     the affected State or local educational agency the amount 
     estimated by the Secretary to be necessary to pay the cost of 
     those services.
       ``(2) Petition for review.--(A) If such affected agency or 
     consortium is dissatisfied with the Secretary's final action 
     after a proceeding under paragraph (1), such agency or 
     consortium may, within 60 days after notice of such action, 
     file with the United States court of appeals for the circuit 
     in which such State is located a petition for review of that 
     action.
       ``(B) A copy of the petition shall be forthwith transmitted 
     by the clerk of the court to the Secretary.
       ``(C) The Secretary thereupon shall file in the court the 
     record of the proceedings on which the Secretary based this 
     action, as provided in section 2112 of title 28, United 
     States Code.
       ``(3) Findings of fact.--(A) The findings of fact by the 
     Secretary, if supported by substantial evidence, shall be 
     conclusive, but the court, for good cause shown, may remand 
     the case to the Secretary to take further evidence and the 
     Secretary may thereupon make new or modified findings of fact 
     and may modify the Secretary's previous action, and shall 
     file in the court the record of the further proceedings.
       ``(B) Such new or modified findings of fact shall likewise 
     be conclusive if supported by substantial evidence.
       ``(4) Jurisdiction.--(A) Upon the filing of such petition, 
     the court shall have jurisdiction to affirm the action of the 
     Secretary or to set it aside, in whole or in part.
       ``(B) The judgment of the court shall be subject to review 
     by the Supreme Court of the United States upon certiorari or 
     certification as provided in section 1254 of title 28, United 
     States Code.
       ``(b) Determination.--Any determination by the Secretary 
     under this section shall continue in effect until the 
     Secretary determines, in consultation with such agency or 
     consortium and representatives of the affected private school 
     children, teachers, or other educational personnel that there 
     will no longer be any failure or inability on the part of 
     such agency or consortium to meet the applicable requirements 
     of section 10503 or any other provision of this Act.
       ``(c) Payment From State Allotment.--When the Secretary 
     arranges for services pursuant to this section, the Secretary 
     shall, after consultation with the appropriate public and 
     private school officials, pay the cost of such services, 
     including the administrative costs of arranging for those 
     services, from the appropriate allocation or allocations 
     under this Act.
       ``(d) Prior Determination.--Any by-pass determination by 
     the Secretary under this Act as in effect on the day 
     preceding the date of enactment of the Improving America's 
     Schools Act of 1994 shall remain in effect to the extent the 
     Secretary determines that such determination is consistent 
     with the purpose of this section.

     ``SEC. 10507. PROHIBITION AGAINST FUNDS FOR RELIGIOUS WORSHIP 
                   OR INSTRUCTION.

       ``Nothing contained in this Act shall be construed to 
     authorize the making of any payment under this Act for 
     religious worship or instruction.

                       ``PART F--OTHER PROVISIONS

     ``SEC. 10601. STATE RECOGNITION OF EXEMPLARY PERFORMANCE.

       ``(a) Recognition.--
       ``(1) In general.--A State educational agency may implement 
     a program of State recognition awards under one or more 
     covered programs (other than parts A and C of title I).
       ``(2) Recipients.--Such recognition awards shall be made by 
     the State educational agency to recipients of assistance 
     under this Act in the State that the State educational agency 
     determines have carried out grant-related activities in an 
     exemplary fashion and have demonstrated outstanding 
     performance measured in accordance with this section.
       ``(3) Funding.--A State desiring to make monetary awards 
     under this section may reserve a portion of the total amount 
     available for grants within the State under such programs for 
     any fiscal year, not to exceed 1 percent, for the purpose of 
     making recognition awards to qualifying recipients under such 
     programs. In implementing this section, a State may reduce 
     the amount of funds the State would otherwise allocate to 
     recipients in accordance with the applicable statute 
     governing such allocation to the extent necessary.
       ``(b) Conditions.--A State educational agency may make 
     recognition awards under this section if--
       ``(1) in selecting awardees, such agency takes into account 
     improvements in performance (rather than comparisons with 
     other schools and school districts), and successful 
     cooperative efforts among teachers, administrators, and other 
     school personnel in achieving educational reform;
       ``(2) such agency employs peer review procedures in 
     identifying recipients eligible for awards, the identity of 
     the awardees, and the amount of the awards;
       ``(3) such agency determines that the awardee is in 
     compliance with applicable civil rights requirements; and
       ``(4) such agency submits to the Secretary a description of 
     the criteria used in making such awards.

     ``SEC. 10602. APPLICABILITY TO HOME SCHOOLS.

       ``Nothing in this Act shall be construed to affect home 
     schools.

     ``SEC. 10603. GENERAL PROVISION REGARDING NONRECIPIENT 
                   NONPUBLIC SCHOOLS.

       ``Nothing in this Act shall be construed to permit, allow, 
     encourage, or authorize any Federal control over any aspect 
     of any private, religious, or home school, whether or not a 
     home school is treated as a private school or home school 
     under State law. This section shall not be construed to bar 
     private, religious, or home schools from participation in 
     programs or services under this Act.

     ``SEC. 10604. PROHIBITION ON FEDERAL MANDATES, DIRECTION, AND 
                   CONTROL.

       ``Nothing in this Act shall be construed to authorize an 
     officer or employee of the Federal Government to mandate, 
     direct, or control a State, local educational agency, or 
     school's curriculum, program of instruction, or allocation of 
     State or local resources, or mandate a State or any 
     subdivision thereof to spend any funds or incur any costs not 
     paid for under this Act.

     ``SEC. 10605. REPORT.

       ``The Secretary shall report to the Congress within 180 
     days of the date of enactment of the Improving America's 
     Schools Act of 1994 regarding how the Secretary shall ensure 
     that audits conducted by Department employees of activities 
     assisted under this Act comply with changes to this Act made 
     by the Improving America's Schools Act of 1994, particularly 
     with respect to permitting children with similar educational 
     needs to be served in the same educational settings, where 
     appropriate.

     ``SEC. 10606. REQUIRED PARTICIPATION PROHIBITED.

       ``Notwithstanding any other provision of law, no State 
     shall be required to participate in any program under the 
     Goals 2000: Education America Act, or to have content 
     standards or student performance standards approved or 
     certified under such Act, in order to receive assistance 
     under this Act.

                         ``PART G--EVALUATIONS

     ``SEC. 10701. EVALUATIONS.

       ``(a) Evaluations.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     Secretary is authorized to reserve not more than 0.50 percent 
     of the amount appropriated to carry out each program 
     authorized under this Act--
       ``(A) to carry out program evaluations and studies of 
     program effectiveness under this Act in accordance with 
     subsection (b);
       ``(B) to evaluate the aggregate short- and long-term 
     effects and cost efficiencies across Federal programs 
     authorized under this Act and related preschool, elementary 
     and secondary Federal programs under other Federal law;
       ``(C) to evaluate the short- and long-term effects of 
     demonstration projects that show the most promise of enabling 
     children served under this Act to meet challenging standards 
     in accordance with subsection (c); and
       ``(D) to strengthen the usefulness of grant recipient 
     evaluations for continuous program progress through improving 
     the quality, timeliness, efficiency, and utilization of 
     program information on program performance.
       ``(2) Special rule.--(A) Paragraph (1) shall not apply to 
     any program under title I.
       ``(B) If funds are made available under any program 
     assisted under this Act (other than a program under title I) 
     for evaluation activities, then the Secretary shall use such 
     funds to carry out paragraph (1).
       ``(b) National Evaluations.--
       ``(1) In general.--The Secretary shall use not more than 90 
     percent of the funds made available under subsection (a) to 
     carry out--
       ``(A) independent studies of programs authorized under this 
     Act that are coordinated with research supported through the 
     Office of Educational Research and Improvement, and use 
     rigorous methodological designs and techniques, including 
     longitudinal designs, control groups, and random assignment 
     as appropriate, to determine--
       ``(i) the success of such programs in meeting the 
     measurable goals and objectives, through appropriate 
     targeting, quality services, and efficient administration, 
     and in contributing to achieving the National Education 
     Goals, with a priority on assessing program impact on student 
     performance;
       ``(ii) the short- and long-term effects of program 
     participation on program participants, as appropriate;
       ``(iii) the cost and efficiency of such programs; and
       ``(iv) to the extent feasible, the cost of serving all 
     students eligible to be served under such programs;
       ``(B) in collaboration with the national assessment 
     conducted pursuant to section 1601, conduct a comprehensive 
     evaluation of how the Federal Government has assisted the 
     States to reform their educational systems through the 
     various education laws enacted during the 103d Congress, 
     which evaluation shall--
       ``(i) encompass the changes made in Federal programs 
     pursuant to the Improving America's Schools Act of 1994 as 
     well as in any other law enacted during the 103d Congress 
     that amended a Federal program assisting preelementary, 
     elementary, or secondary education;
       ``(ii) encompass new initiatives such as initiatives under 
     the Goals 2000: Educate America Act, and the School-to-Work 
     Opportunities Act of 1994, and be coordinated with 
     evaluations of such Acts;
       ``(iii) include a comprehensive review of the programs 
     developed under the Acts described in subparagraph (D) to 
     determine such programs' overall effect on--

       ``(I) the readiness of children for schooling;
       ``(II) the improvement in educational attainment of 
     students in elementary and secondary education; and
       ``(III) the improvement in skills needed by students to 
     obtain employment or pursue further education upon completion 
     of secondary school or further education;

       ``(iv) include a comprehensive review of the programs under 
     the Acts described in subparagraph (D) to determine such 
     programs' overall effect--

       ``(I) on school reform efforts undertaken by States; and
       ``(II) on student populations that have been the 
     traditional beneficiaries of Federal assistance in order to 
     determine whether such population's educational attainment 
     has been improved as a result of such programs;

       ``(v) evaluate how the National Assessment Governing Board, 
     the Advisory Council on Education Statistics, the National 
     Education Goals Panel, and the National Education Statistics 
     and Improvement Council (and any other Federal board 
     established to analyze, address, or approve education 
     standards and assessments) coordinate, interact, or duplicate 
     efforts to assist the States in reforming the educational 
     systems of States; and
       ``(vi) include a review of the programs under the Acts 
     described in subparagraph (D) in such detail as the Secretary 
     deems appropriate, and may involve cooperation with other 
     Federal departments and agencies in order to incorporate 
     evaluations and recommendations of such departments and 
     agencies.
       ``(2) Independent panel.--The Secretary shall appoint an 
     independent panel to review the plan for the evaluation 
     described in paragraph (1), to advise the Secretary on such 
     evaluation's progress, and to comment, if the panel so 
     wishes, on the final report described in paragraph (3).
       ``(3) Report.--The Secretary shall submit a final report on 
     the evaluation described in this subsection by January 1, 
     1998, to the Committee on Education and Labor of the House of 
     Representatives and to the Committee on Labor and Human 
     Resources of the Senate.
       ``(c) Evaluation of Demonstrations of Innovative 
     Practices.--The Secretary shall use at least 10 percent of 
     funds reserved under subsection (a) for evaluation of 
     demonstration projects assisted under this Act in order to 
     improve student achievement. Such evaluation shall--
       ``(1) identify specific intervention strategies and 
     implementation of such strategies that, based on theory, 
     research and evaluation, offer the promise of improved 
     achievement of program objectives;
       ``(2) use rigorous methodological designs and techniques, 
     including longitudinal designs, control groups, and random 
     assignment, to the extent feasible, to produce reliable 
     evidence of effectiveness;
       ``(3) assess at the end the reauthorization period of each 
     demonstration project the knowledge gained in identifying and 
     disseminating effective management and educational practices; 
     and
       ``(4) to the extent feasible, the cost of serving all 
     students eligible to be served under such demonstration 
     projects.
       ``(d) Recipient Evaluation and Quality Assurance 
     Improvement.--The Secretary is authorized to provide 
     guidance, technical assistance, and model programs to 
     recipients of assistance under this Act to strengthen 
     information for quality assurance and performance information 
     feedback at State and local levels. Such guidance and 
     assistance shall promote the development, measurement and 
     reporting of valid, reliable, timely and consistent 
     performance indicators within a program in order to promote 
     continuous program improvement. Nothing in this subsection 
     shall be construed to establish a national data system.
    ``TITLE XI--CULTURAL PARTNERSHIPS FOR AT-RISK CHILDREN AND YOUTH

     ``SEC. 11101. SHORT TITLE.

       ``This title may be cited as the `Cultural Partnerships for 
     At-Risk Children and Youth Act of 1994'.

     ``SEC. 11102. FINDINGS.

       ``The Congress finds that--
       ``(1) with local school budget cuts there are inadequate 
     arts and cultural programs available for children and youth 
     in schools, especially at the elementary school level;
       ``(2) children and youth who receive instruction in the 
     arts and humanities, or who are involved in cultural 
     activities, remain in school longer and are more successful 
     than children who do not receive such instruction;
       ``(3) school-university partnerships that upgrade teacher 
     training in the arts and humanities have significantly 
     contributed to improved instruction and achievement levels of 
     school-aged children; and
       ``(4) museum outreach, cultural activities and informal 
     education for at-risk children and youth have contributed 
     significantly to the educational achievement and enhanced 
     interest in learning of at-risk children and youth.

     ``SEC. 11103. DEMONSTRATION PROGRAM.

       ``(a) Grants Authorized.--
       ``(1) Grant from secretary.--(A) The Secretary, by grant, 
     shall award all funds appropriated under section 11108 to the 
     Committee established under subsection (b) to enable such 
     Committee to award subgrants in accordance with paragraph 
     (2).
       ``(B) The Committee established under subsection (b) may 
     reserve not more than 5 percent of the grant funds received 
     under paragraph (1) in each fiscal year for the costs of 
     administration.
       ``(2) Subgrants.--(A) From grant funds received under 
     paragraph (1)(A) and not reserved under paragraph (1)(B), the 
     Committee established under subsection (b) shall award 
     subgrants to eligible entities to enable such entities to 
     improve the educational performance and potential of at-risk 
     children and youth by providing comprehensive and coordinated 
     educational and cultural services to such children and youth.
       ``(B) Each eligible recipient may reserve not more than 5 
     percent of any subgrant funds received under this part in 
     each fiscal year for the costs of administration.
       ``(3) Eligible entities.--For purposes of this title, the 
     term `eligible entity' means--
       ``(A) for purposes of determining eligibility for a 
     subgrant under this title to serve in-school children and 
     youth, a partnership between--
       ``(i) a local educational agency or an individual school 
     that is eligible to participate in a schoolwide program under 
     section 1114; and
       ``(ii) at least 1 institution of higher education, museum, 
     local arts agency, or cultural entity that is accessible to 
     individuals within the school district of such local 
     educational agency or school, and that has a history of 
     providing quality services to the community, which may 
     include--

       ``(I) a nonprofit institution of higher education, local 
     arts agency, cultural institution, or zoological or botanical 
     facility; or
       ``(II) a private for-profit entity with an effective 
     history of training children and youth in the arts or 
     humanities; and

       ``(B) for purposes of determining eligibility for a 
     subgrant under this title to serve out-of-school youth, a 
     partnership between--
       ``(i) at least 1 entity described in clause (i) or (ii) of 
     subparagraph (A); and
       ``(ii) at least 1 entity described in clause (ii) of 
     subparagraph (A).
       ``(b) National Committee on Cultural Partnerships for At-
     Risk Children and Youth.--
       ``(1) Establishment.--There is established a committee to 
     be known as the National Committee on Cultural Partnerships 
     for At-Risk Children and Youth (referred to in this title as 
     the `Committee').
       ``(2) Membership.--The Committee shall be comprised of 8 
     members, of whom--
       ``(A) 2 members shall be appointed by the Secretary of 
     Education;
       ``(B) 2 members shall be appointed by the Chairperson of 
     the National Endowment for the Humanities;
       ``(C) 2 members shall be appointed by the Chairperson of 
     the National Endowment for the Arts; and
       ``(D) 2 members shall be appointed by the Director of the 
     Institute of Museum Services.
       ``(c) Award of Subgrants.--
       ``(1) In general.--The Committee shall award subgrants 
     under this title to eligible entities seeking to carry out 
     programs designed to--
       ``(A) promote and enhance educational and cultural 
     activities;
       ``(B) provide integration of community cultural resources 
     into the regular curriculum and school day;
       ``(C) focus school and cultural resources in the community 
     on coordinated cultural services to address the needs of at-
     risk children and youth;
       ``(D) provide effective cultural programs to facilitate the 
     transition from preschool programs to elementary school 
     programs, including programs under the Head Start Act and 
     part H of the Individuals with Disabilities Education Act;
       ``(E) facilitate school-to-work transition from secondary 
     schools and alternative schools to job training, higher 
     education, and employment through educational programs and 
     activities that utilize school resources;
       ``(F) increase parental and community involvement in the 
     educational, social, and cultural development of at-risk 
     children and youth; or
       ``(G) develop programs and strategies that--
       ``(i) provide high-quality coordinated educational and 
     cultural services; and
       ``(ii) are designed to integrate such coordination into the 
     regular curriculum and to replicate the services in other 
     schools.
       ``(2) Special rule.--Subgrants awarded under this title 
     shall be of sufficient size, scope, and quality to be 
     effective.
       ``(3) Coordination.--(A) The Committee shall award 
     subgrants under this title only to eligible entities that 
     agree to coordinate activities carried out under this part 
     with other Federal, State, and local programs designed to 
     serve the purposes and target populations described in this 
     title.
       ``(B) The Committee shall award subgrants under this title 
     so as to ensure nonduplication of services provided by 
     subgrant recipients and services provided by--
       ``(i) the National Endowment for the Humanities;
       ``(ii) the National Endowment for the Arts; and
       ``(iii) the Institute for Museum Services.
       ``(4) Geographic distribution.--In awarding subgrants under 
     this title the Committee, to the extent feasible, shall 
     ensure an equitable geographic distribution of such 
     subgrants.
       ``(5) Priority.--In awarding subgrants under this title the 
     Committee may give priority to eligible entities that provide 
     comprehensive services that extend beyond traditional school 
     or service hours.
       ``(6) Renewal.--The recipient of a subgrant under this 
     title may be eligible for funding for a maximum of 5 years, 
     if the Committee determines that the eligible recipient has 
     made satisfactory progress toward the achievement of the 
     program goals described in the application.
       ``(7) Criteria and procedures.--The Committee shall 
     establish and transmit to the Secretary criteria and 
     procedures for awarding subgrants under this title. The 
     Secretary shall publish such criteria and procedures in the 
     Federal Register.
       ``(d) Application.--
       ``(1) In general.--Each eligible entity seeking a subgrant 
     under this title shall submit an application to the Committee 
     at such time, in such manner, and accompanied by such 
     information as the Committee may reasonably require.
       ``(2) Contents.--Each application submitted to the 
     Committee pursuant to paragraph (1) shall--
       ``(A) describe the cultural entity or entities that will 
     participate in the partnership;
       ``(B) describe the target population to be served;
       ``(C) describe the services to be provided;
       ``(D) describe a plan for evaluating the success of the 
     program;
       ``(E) in the case of each local educational agency or 
     school participating in the eligible recipient partnership, 
     describe how the activities assisted under this title will be 
     perpetuated beyond the duration of the subgrant;
       ``(F) describe the manner in which the eligible entity will 
     seek to improve the educational achievement or future 
     potential of at-risk children and youth through more 
     effective coordination of cultural services in the community;
       ``(G) describe the overall and operational goals of the 
     program; and
       ``(H) describe training that will be provided to 
     individuals who are not trained to work with children and 
     youth, and how teachers will be involved.
       ``(e) Target Population.--To be eligible for a subgrant 
     under this title, an eligible entity shall serve--
       ``(1) students enrolled in schools participating in a 
     schoolwide program under section 1114 and the families of 
     such students to the extent practicable;
       ``(2) out-of-school children and youth at risk of 
     disadvantages resulting from teenage parenting, substance 
     abuse, recent migration, disability, limited-English 
     proficiency, illiteracy, being the child of a teenage parent, 
     living in a single parent household, or dropping out of 
     school; or
       ``(3) any combination of in-school and out-of-school at-
     risk children and youth.

     ``SEC. 11104. AUTHORIZED ACTIVITIES.

       ``(a) In General.--Subgrants awarded under this title may 
     be used--
       ``(1) to plan, develop, acquire, expand, and improve 
     school-based or community-based coordinated educational and 
     cultural programs to strengthen the educational performance 
     and future potential of in-school or out-of-school at-risk 
     children and youth through grants, cooperative agreements, 
     contracts for services, or administrative coordination;
       ``(2) to provide at-risk students with integrated cultural 
     activities designed to develop a love of learning that 
     fosters the smooth transition of preschool children to 
     elementary school;
       ``(3) to design collaborative cultural activities for 
     students in secondary or alternative schools that ensure the 
     smooth transition to job training, higher education, or full 
     employment;
       ``(4) to provide child care for children of at-risk 
     students who would not otherwise be able to participate in 
     the program;
       ``(5) to provide transportation necessary for participation 
     in the program;
       ``(6) to develop curriculum materials in the arts;
       ``(7) for staff development activities that encourage the 
     integration of the arts into the curriculum;
       ``(8) for stipends that allow local arts and humanities 
     professionals to work with at-risk children and youth in 
     schools;
       ``(9) for training individuals who are not trained to work 
     with children and youth;
       ``(10) for cultural programs that encourage the active 
     participation of parents in the education of their children;
       ``(11) for programs that use the arts and culture to reform 
     current school practices, including lengthening the school 
     day or academic year;
       ``(12) for equipment or supplies that the Committee 
     determines appropriate; and
       ``(13) for evaluation, administration, and supervision.
       ``(b) Teachers.--Each recipient of a subgrant under this 
     title serving in-school children and youth shall carry out 
     the activities described in the application with the 
     involvement of a certified teacher or trained instructor.

     ``SEC. 11105. PLANNING SUBGRANTS.

       ``(a) In General.--The Committee may award planning 
     subgrants to eligible entities under this title.
       ``(b) Amount.--A planning subgrant shall be in an amount 
     not to exceed $50,000.
       ``(c) Duration.--A planning subgrant shall be for a period 
     of not more than 1 year.
       ``(d) Limitations.--An eligible entity may receive not more 
     than 1 planning subgrant under this section.

     ``SEC. 11106. PAYMENTS; AMOUNTS OF AWARD; COST SHARE; 
                   LIMITATIONS.

       ``(a) Payments.--The Secretary shall pay to each eligible 
     entity having an application approved under section 11103, 
     the Federal share of the cost of the activities described in 
     the application.
       ``(b) Cost Share.--
       ``(1) Federal share.--The Federal share of a subgrant under 
     this title shall be 80 percent of the cost of carrying out 
     the activities described in the application.
       ``(2) Non-federal share.--The non-Federal share of a 
     subgrant under this title shall be 20 percent of the cost of 
     carrying out the activities described in the application and 
     may be in cash or in kind, fairly evaluated, including the 
     provision of equipment, services, or facilities.
       ``(c) Limitations.--
       ``(1) Noninstructional services.--Not more than 25 percent 
     of the subgrant funds provided in any fiscal year under this 
     title may be used for noninstructional activities such as the 
     activities described in paragraphs (4), (5), and (12) of 
     section 11104(a).
       ``(2) Supplement and not supplant.--Subgrant funds awarded 
     under this title shall be used to supplement and not supplant 
     the amount of funds made available from non-Federal sources, 
     for the activities assisted under this title.

     ``SEC. 11107. MODELS.

       ``The Secretary, in consultation with the Committee, shall 
     disseminate information concerning successful models under 
     this title through the National Diffusion Network.

     ``SEC. 11108. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Authorization.--Subject to subsection (b), there are 
     authorized to be appropriated to carry out this title, 
     $20,000,000 for fiscal year 1995, and such sums as may be 
     necessary for each of the 4 succeeding fiscal years.
       ``(b) Limitations.--
       ``(1) Contingent appropriations.--Notwithstanding any other 
     provision of law, no amounts shall be made available to carry 
     out this title in any fiscal year unless there is 
     appropriated--
       ``(A) not less than $177,000,000 for the National Endowment 
     for the Humanities under the National Foundation on the Arts 
     and the Humanities Act of 1965;
       ``(B) not less than $170,000,000 for the National Endowment 
     for the Arts under such Act; and
       ``(C) not less than $28,000,000 for the Institute for 
     Museum Services under the Museum Services Act.
       ``(2) Planning subgrants.--Not more than 10 percent of the 
     amount appropriated in each fiscal year pursuant to 
     subsection (a) shall be used for planning subgrants under 
     section 11105.
                  ``TITLE XII--DISCLOSURE REQUIREMENTS

     ``SEC. 12001. DEFINITIONS.

       ``As used in this title:
       ``(1) Disability.--The term `disability' has the same 
     meaning given to such term by section 3(2) of the Americans 
     with Disabilities Act of 1990.
       ``(2) Educational organization.--(A) Except as provided in 
     subparagraphs (B) and (C), the term `educational 
     organization' means any organization or entity that--
       ``(i) provides an educational program for a fee; and
       ``(ii) recruits students through means such as commercial 
     media, direct mailings, school recruitment programs, school 
     administrators, teachers or staff, or current or former 
     participants in an educational program offered by such 
     organization or entity.
       ``(B) Such term does not include--
       ``(i) a local educational agency, a State educational 
     agency, a State department of education, or an elementary or 
     secondary school;
       ``(ii) an institution of higher education; or
       ``(iii) a local organization sponsored by an elementary or 
     secondary school, a recreational organization, an 
     entertainment organization, a local sports activity group, or 
     a social club.
       ``(C) For the purpose of section 12002 only, such term--
       ``(i) except as provided in clause (ii), does not include 
     an organization or entity that provides an educational 
     program if such organization or entity recruits, for 
     participation in such program, solely through a local school 
     official; and
       ``(ii) includes any such organization or entity that offers 
     a local school official, teacher or other school personnel 
     compensation or any other benefit for such recruitment, 
     except that payment of the expenses incurred by a local 
     school official, teacher or other school personnel in 
     performing chaperone activities related to such program shall 
     not be considered compensation or a benefit for such 
     recruitment.
       ``(3) Educational program.--(A) Except as provided in 
     subparagraph (B), the term `educational program' means a 
     special honors program, seminar, citizenship experience, 
     government study program, educational vacation, student 
     exchange program, or other educational experience or honor--
       ``(i) that is generally directed toward minors or secondary 
     school students;
       ``(ii) for which a tuition or enrollment fee is charged;
       ``(iii) that is offered away from a student's regular place 
     of school attendance;
       ``(iv) that includes not less than 1 supervised night away 
     from home; and
       ``(v) that is intended to enhance a student's regular 
     course of study.
       ``(B) Such term does not include a recreational program, or 
     a social or religious activity.
       ``(4) Local school official.--The term `local school 
     official' means the highest administrative official serving a 
     school district, or such individual's designee.
       ``(5) Minor.--The term `minor' means an individual who has 
     not attained the age of 18.
       ``(6) Membership organization.--The term `membership 
     organization' includes any organization that maintains a 
     membership list or collects dues or membership fees from its 
     members.
       ``(7) Recreational organization.--The term `recreational 
     organization' includes any organization or entity that has as 
     its primary function pleasure, amusement, or sports 
     activities.
       ``(8) Recreational program.--The term `recreational 
     program' includes any activity or service that is intended as 
     an entertainment pastime.

     ``SEC. 12002. DISCLOSURE REQUIREMENTS.

       ``Each educational organization, prior to enrolling a minor 
     and prior to accepting funds for the cost of a minor's 
     participation in an educational program operated by such 
     organization, shall disclose the following information in 
     written form to the minor or the minor's parent:
       ``(1) Method of solicitation and selection.--The method of 
     solicitation and selection of participants in the educational 
     program, including--
       ``(A) the origin of any mailing list used for such 
     solicitation and selection;
       ``(B) any recruitment through a local school official, 
     teacher or school personnel, including any compensation or 
     other benefit offered to such official, teacher or personnel 
     for the recommendation of a minor for participation in the 
     educational program;
       ``(C) any open enrollment activity, including the method of 
     outreach; and
       ``(D) any cooperation with, or sponsorship by, a membership 
     organization, including a description of the cooperation or 
     sponsorship and the name of each such organization.
       ``(2) Costs and fees.--Information regarding the cost of 
     the educational program and information regarding the 
     distribution of any enrollment fee, including--
       ``(A) the amount paid for, and the percentage of the total 
     educational program cost of, each feature of the educational 
     program, including--
       ``(i) food;
       ``(ii) lodging;
       ``(iii) transportation;
       ``(iv) program staffing;
       ``(v) textbooks, syllabi, or other scholastic educational 
     program materials;
       ``(vi) speaker fees; and
       ``(vii) administrative expenses, including expenses related 
     to--

       ``(I) the preparation of non-scholastic educational program 
     materials;
       ``(II) the provision of financial assistance;
       ``(III) mailing list rental or other recruitment activity; 
     and
       ``(IV) administrative salaries and consulting fees;

       ``(B) the identity of the organization or business 
     providing each of the features described in clauses (i) 
     through (vii) of subparagraph (A); and
       ``(C) the nature of any relationship of any board member, 
     officer, or employee of the educational organization to any 
     organization or business described in subparagraph (B), 
     including the salary or other compensation paid by such 
     organization or business to such Board member, officer, or 
     employee.

     ``SEC. 12003. NONDISCRIMINATORY ENROLLMENT AND SERVICE 
                   POLICY.

       ``(a) In General.--Each educational organization shall 
     include a verifiable statement in all enrollment or 
     recruitment material that the educational organization does 
     not--
       ``(1) fail or refuse to hire, or discharge, any individual, 
     or otherwise discriminate against any individual with respect 
     to compensation, terms, conditions, or privileges of 
     employment; or
       ``(2) exclude any student from participation in an 
     educational program, discriminate against any student in 
     providing the benefits associated with such program 
     (including any scholarship or financial assistance, and use 
     of any facility), or subject the student to discrimination 
     under such program,

     on the basis of race, disability, or residence in a low-
     income area.
       ``(b) Construction.--Nothing in this section shall be 
     construed to entitle a student to--
       ``(1) participation in an educational program or any 
     benefit associated with such program; or
       ``(2) a waiver of any fee charged for such participation or 
     benefit.

     ``SEC. 12004. ENFORCEMENT.

       ``The Secretary shall--
       ``(1)(A) widely disseminate information about the 
     requirements of this title to State and local school 
     officials and parents; and
       ``(B) require educational organizations to submit 
     appropriate information or assurances regarding such 
     organizations' compliance with this title; and
       ``(2) take whatever other steps the Secretary determines 
     are appropriate to enforce this title, including--
       ``(A) promulgating regulations;
       ``(B) establishing a complaint process;
       ``(C) referring complaints to the relevant Federal, State, 
     or local authorities for appropriate action;
       ``(D) alerting educational agencies, schools, and parents 
     to the practices of educational organizations that violate 
     the provisions of this title; and
       ``(E) imposing civil fines (not to exceed $1,000 per 
     violation) on educational organizations that knowingly 
     violate this title.
               ``TITLE XIII--TARGETED ASSISTANCE PROGRAM

                      ``PART A--GENERAL PROVISIONS

     ``SEC. 13101. ALLOTMENT TO STATES.

       ``(a) Reservations.--From the sums appropriated to carry 
     out this title in any fiscal year, the Secretary shall 
     reserve not to exceed 1 percent for payments to Guam, 
     American Samoa, the Virgin Islands, the Republic of the 
     Marshall Islands, the Federated States of Micronesia, the 
     Northern Mariana Islands, and Palau, to be allotted in 
     accordance with their respective needs for assistance under 
     this title.
       ``(b) Allotment.--From the remainder of such sums the 
     Secretary shall allot to each State an amount which bears the 
     same ratio to the amount of such remainder as the school-age 
     population of the State bears to the school-age population of 
     all States, except that no State shall receive less than an 
     amount equal to one-half of 1 percent of such remainder.
       ``(c) Definitions.--For purposes of this section--
       ``(1) The term `school-age population' means the population 
     aged 5 through 17.
       ``(2) The term `States' includes the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico.

     ``SEC. 13102. ALLOCATION TO LOCAL EDUCATIONAL AGENCIES.

       ``(a) Distribution Rule.--From the sum made available each 
     year under section 13101, the State educational agency shall 
     distribute not less than 80 percent to local educational 
     agencies within such State according to the relative 
     enrollments in public and private, nonprofit schools within 
     the school districts of such agencies, adjusted, in 
     accordance with criteria approved by the Secretary, to 
     provide higher per pupil allocations to local educational 
     agencies which have the greatest numbers or percentages of 
     children whose education imposes a higher than average cost 
     per child, such as--
       ``(1) children living in areas with high concentrations of 
     low-income families;
       ``(2) children from low-income families; and
       ``(3) children living in sparsely populated areas.
       ``(b) Calculation of Enrollments.--
       ``(1) In general.--The calculation of relative enrollments 
     under subsection (a) shall be on the basis of the total of--
       ``(A) the number of children enrolled in public schools; 
     and
       ``(B) the number of children enrolled in private nonprofit 
     schools that desire that their children participate in 
     programs or projects assisted under this title,

     for the fiscal year preceding the fiscal year in which the 
     determination is made. Nothing in this subsection shall 
     diminish the responsibility of local educational agencies to 
     contact, on an annual basis, appropriate officials from 
     private nonprofit schools within the areas served by such 
     agencies in order to determine whether such schools desire 
     that their children participate in programs assisted under 
     this title.
       ``(2) Adjustments.--(A) Relative enrollments under 
     subsection (a) shall be adjusted, in accordance with criteria 
     approved by the Secretary under subparagraph (B), to provide 
     higher per pupil allocations only to local educational 
     agencies which serve the greatest numbers or percentages of--
       ``(i) children living in areas with high concentrations of 
     low-income families;
       ``(ii) children from low-income families; or
       ``(iii) children living in sparsely populated areas.
       ``(B) The Secretary shall review criteria submitted by a 
     State educational agency for adjusting allocations under 
     paragraph (1) and shall approve such criteria only if the 
     Secretary determines that such criteria are reasonably 
     calculated to produce an adjusted allocation that reflects 
     the relative needs within the State's local educational 
     agencies based on the factors set forth in subparagraph (A).
       ``(c) Payment of Allocations.--
       ``(1) Distribution.--From the funds paid to a State 
     educational agency pursuant to section 13101 for a fiscal 
     year, such agency shall distribute to each eligible local 
     educational agency which has submitted an application as 
     required in section 13303 the amount of its allocation as 
     determined under subsection (a).
       ``(2) Additional funds.--(A) Additional funds resulting 
     from higher per pupil allocations provided to a local 
     educational agency on the basis of adjusted enrollments of 
     children described in subsection (a), may, at the discretion 
     of the local educational agency, be allocated for 
     expenditures to provide services for children enrolled in 
     public and private nonprofit schools in direct proportion to 
     the number of children described in subsection (a) and 
     enrolled in such schools within the local educational agency.
       ``(B) In any fiscal year, any local educational agency that 
     elects to allocate such additional funds in the manner 
     described in subparagraph (A) shall allocate all additional 
     funds to schools within the local educational agency in such 
     manner.
       ``(C) The provisions of subparagraphs (A) and (B) may not 
     be construed to require any school to limit the use of such 
     additional funds to the provision of services to specific 
     students or categories of students.

                        ``PART B--STATE PROGRAMS

     ``SEC. 13201. STATE USES OF FUNDS.

       ``(a) Authorized Activities.--A State educational agency 
     may use funds reserved for State use under this title only 
     for--
       ``(1) State administration of programs under this title 
     including--
       ``(A) supervision of the allocation of funds to local 
     educational agencies;
       ``(B) planning, supervision, and processing of State funds; 
     and
       ``(C) monitoring and evaluation of programs and activities 
     under this title; and
       ``(2) technical assistance and direct grants to local 
     educational agencies and statewide activities which assist 
     local educational agencies to provide targeted assistance as 
     provided in section 13301.
       ``(b) Limitations and Requirements.--Not more than 25 
     percent of funds available for State programs under this 
     title in any fiscal year may be used for State administration 
     under subsection (a)(1).

     ``SEC. 13202. STATE APPLICATIONS.

       ``(a) Application Requirements.--Any State which desires to 
     receive grants under this title shall submit to the Secretary 
     an application which--
       ``(1) designates the State educational agency as the State 
     agency responsible for the administration and supervision of 
     programs assisted under this title;
       ``(2) sets forth planned allocation of funds reserved for 
     State use under section 13102(a) among the targeted 
     assistance programs described in section 13301 and describes 
     programs, projects, and activities which are designed to 
     carry out such targeted assistance, together with the reasons 
     for the selection of such programs, projects, and activities;
       ``(3) provides for timely public notice and public 
     dissemination of the information provided pursuant to 
     paragraph (2);
       ``(4)(A) provides for a biennial submission of data on the 
     use of funds, the types of services furnished, and the 
     students served under this title;
       ``(B) provides for an evaluation of the effectiveness of 
     programs assisted under this title;
       ``(5) provides that the State educational agency will keep 
     such records and provide such information to the Secretary as 
     may be required for fiscal audit and program evaluation 
     (consistent with the responsibilities of the Secretary under 
     this title);
       ``(6) provides assurance that, apart from technical and 
     advisory assistance and monitoring compliance with this 
     title, the State educational agency has not exercised and 
     will not exercise any influence in the decisionmaking 
     processes of local educational agencies as to the 
     expenditures made pursuant to an application under section 
     13301;
       ``(7) provides the following information: (A) how the State 
     will adjust its formula to comply with section 13102(b)(2), 
     (B) how children under section 13102(b)(2)(A) are defined, 
     (C) the basis on which a determination of the local 
     educational agencies under section 13102(b)(2)(A) is made, 
     and (D) the percentage of the State grant which is proposed 
     to be allotted on an adjusted basis under section 13102; and
       ``(8) contains assurances that there is compliance with the 
     specific requirements of this title.
       ``(b) Period of Application.--An application filed by the 
     State under subsection (a) shall be for a period not to 
     exceed 3 years, and may be amended annually as may be 
     necessary to reflect changes without filing a new 
     application.
       ``(c) Audit Rule.--Notwithstanding section 1745 of the 
     Omnibus Budget Reconciliation Act of 1981, local educational 
     agencies receiving less than an average $5,000 each year 
     under this title need not be audited more frequently than 
     once every 5 years.

              ``PART C--LOCAL TARGETED ASSISTANCE PROGRAMS

     ``SEC. 13301. TARGETED USE OF FUNDS.

       ``(a) General Rule.--Funds allocated for use under this 
     title shall be used by State and local educational agencies 
     for targeted assistance described in subsection (b).
       ``(b) Targeted Assistance.--The targeted assistance 
     programs referred to in subsection (a) are--
       ``(1) programs for the acquisition and use of instructional 
     and educational materials, including library books, reference 
     materials, computer software and hardware for instructional 
     use, and other curricular materials that will be used to 
     improve student achievement;
       ``(2) programs to improve the higher order thinking skills 
     of economically disadvantaged elementary and secondary school 
     students and to prevent students from dropping out of school;
       ``(3) programs to combat illiteracy in the student and 
     adult population, including parent illiteracy;
       ``(4) programs to provide for the educational needs of 
     gifted and talented children;
       ``(5) school facility repair, renovation, improvement and 
     construction;
       ``(6) school reform activities that are consistent with the 
     Goals 2000: Educate America Act for local educational 
     agencies that do not receive assistance under that Act; and
       ``(7) school improvement programs or activities under 
     sections 1118 and 1119.

     ``SEC. 13302. AUTHORIZED ACTIVITIES.

       ``(a) In General.--Activities authorized under this part 
     may include the planning, development, or operation and 
     expansion of programs, projects, and activities which are 
     designed to carry out the targeted assistance described in 
     section 13301. Such activities may include--
       ``(1) training of educational personnel and education 
     policymakers in any of the targeted assistance programs 
     described in section 13301;
       ``(2) guidance and pupil services; and
       ``(3) any other education or related activities which the 
     State or local educational agency determines will contribute 
     to improving the programs described in section 13301.
       ``(b) Administrative Authority.--In order to conduct the 
     activities authorized by this title, each State or local 
     educational agency may use funds reserved for this title to 
     make grants to and to enter into contracts with local 
     educational agencies, educational service agencies, 
     institutions of higher education, libraries, museums, and 
     other public and private nonprofit agencies, organizations, 
     and institutions.

     ``SEC. 13303. LOCAL APPLICATIONS.

       ``(a) Contents of Application.--A local educational agency 
     or consortia of local educational agencies may receive an 
     allocation of funds under this title for any year for which 
     an application is submitted to the State educational agency 
     and such application is certified to meet the requirements of 
     this section. The State educational agency shall certify any 
     such application if such application--
       ``(1) sets forth the planned allocation of funds among 
     targeted assistance programs described in section 13301 and 
     describes the programs, projects, and activities designed to 
     carry out such targeted assistance which the State 
     educational agency intends to support, together with the 
     reasons for the selection of such programs, projects, and 
     activities;
       ``(2) describes how assistance under this title will 
     contribute to the goals of the program of improving student 
     achievement or improving the quality of education for 
     students;
       ``(3) agrees to keep such records, and provide such 
     information to the State educational agency as reasonably may 
     be required for fiscal audit and program evaluation, 
     consistent with the responsibilities of the State agency 
     under this title; and
       ``(4) provides, in the allocation of funds for the 
     assistance authorized by this title, and in the design, 
     planning, and implementation of such programs, for systematic 
     consultation with parents of children attending elementary 
     and secondary schools in the area served by the local agency, 
     with teachers and administrative personnel in such schools, 
     and with other groups involved in the implementation of this 
     title (such as librarians, school counselors, and other pupil 
     services personnel) as may be considered appropriate by the 
     local educational agency.
       ``(b) Period of Application.--An application filed by a 
     local educational agency under subsection (a) shall be for a 
     period not to exceed 3 fiscal years, may provide for the 
     allocation of funds among programs and purposes authorized by 
     this title for a period of 3 years, and may be amended 
     annually as may be necessary to reflect changes without 
     filing a new application.
       ``(c) Local Educational Agency Discretion.--Subject to the 
     limitations and requirements of this title, a local 
     educational agency shall have complete discretion in 
     determining how funds under this part shall be divided among 
     the areas of targeted assistance of this part. In exercising 
     such discretion, a local educational agency shall ensure that 
     expenditures under this part carry out the purposes of this 
     title and are intended to meet the educational needs within 
     the schools of that local educational agency.

               ``PART D--AUTHORIZATION OF APPROPRIATIONS

     ``SEC. 13401. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $325,000,000 for 
     fiscal year 1995, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years, to carry out this title.
               ``TITLE XIV--NATIONAL EDUCATION STATISTICS

     ``SEC. 14001. SHORT TITLE.

       ``This part may be cited as the `National Education 
     Statistics Act of 1994'.

     ``SEC. 14002. FINDINGS; PURPOSE; DEFINITIONS.

       ``(a) Findings.--The Congress finds that--
       ``(1) a Department Office of Education was established in 
     1867 `for the purpose of collecting such statistics and facts 
     as shall show the condition and progress of education in the 
     several States and Territories, and of diffusing such 
     information respecting the organization and management of 
     schools and school systems and methods of teaching as shall 
     aid the people of the United States in the establishment and 
     maintenance of efficient school systems, and otherwise 
     promote the cause of education throughout the country';
       ``(2) today, while the role of the current Department of 
     Education is much broader, the National Center for Education 
     Statistics within the Office of Educational Research and 
     Improvement continues to perform those crucial original 
     purposes; and
       ``(3) looking to the 21st Century, the National Center for 
     Education Statistics must be able to design and undertake, 
     effectively and efficiently, statistical activities that will 
     aid in the reform of our Nation's educational systems.
       ``(b) Purpose.--It is the purpose of this part to ensure 
     the continuation of an effective mechanism for collecting and 
     reporting statistics and information showing the condition 
     and progress of education in the United States and other 
     nations in order to promote and accelerate the improvement of 
     American education.
       ``(c) Definitions.--For the purpose of this part, the 
     term--
       ``(1) `Assistant Secretary' means the Assistant Secretary 
     for Educational Research and Improvement provided for under 
     section 202(b)(1)(E) of the Department of Education 
     Organization Act; and
       ``(2) `State' and `United States'--
       ``(A) other than for the purpose of section 14011, mean 
     each of the 50 States, the District of Columbia, and the 
     Commonwealth of Puerto Rico; and
       ``(B) for the purpose of section 14011, include Guam, 
     American Samoa, the Virgin Islands, the Commonwealth of the 
     Northern Mariana Islands, the Republic of the Marshall 
     Islands, the Federated States of Micronesia, and Palau.

     ``SEC. 14003. NATIONAL CENTER FOR EDUCATION STATISTICS.

       ``(a) Establishment.--There is established, within the 
     Office of Educational Research and Improvement established 
     under section 209 of the Department of Education Organization 
     Act, a National Center for Education Statistics (hereafter in 
     this part referred to as the `Center').
       ``(b) Commissioner and Associate Commissioners.--
       ``(1) Commissioner.--The Center shall be headed by a 
     Commissioner of Education Statistics (hereafter in this part 
     referred to as the `Commissioner') who shall be appointed by 
     the President, by and with the advice and consent of the 
     Senate, and who shall--
       ``(A) have substantial knowledge of programs encompassed by 
     under the authority of the Center;
       ``(B) be paid in accordance with section 5315 of title 5, 
     United States Code; and
       ``(C) serve for a term of 4 years, with the terms to expire 
     every fourth June 21, beginning in 1995.
       ``(2) Associate commissioners.--The Commissioner may 
     appoint such Associate Commissioners as the Commissioner 
     determines are necessary and appropriate.

     ``SEC. 14004. DUTIES OF THE CENTER.

       ``(a) Duties.--The Center shall collect, analyze, and 
     disseminate statistics and other information related to 
     education in the United States and in other nations, 
     including--
       ``(1) acquiring, compiling (where appropriate, on a State-
     by-State basis), and disseminating full and complete 
     statistics on the condition and progress of education in the 
     United States, including data on--
       ``(A) State and local education reform;
       ``(B) student achievement and other educational outcomes, 
     including data on secondary school completions, dropouts, and 
     adult literacy, which education statistics and data, whenever 
     feasible, shall be collected, analyzed, cross-tabulated and 
     reported by sex, race or ethnicity, and socioeconomic status;
       ``(C) educational access and opportunity, including data on 
     financial aid to postsecondary students;
       ``(D) teaching, including data on curriculum, instruction, 
     the conditions of the education workplace, and the supply of, 
     and demand for, teachers, which may include data on the 
     proportions of women and men cross-tabulated by race or 
     ethnicity, teaching in subjects in which such individuals 
     have been historically underrepresented;
       ``(E) the learning environment, including data on libraries 
     and the incidence of crime, violence, and substance abuse;
       ``(F) the financing and management of education, including 
     data on revenues and expenditures; and
       ``(G) the social and economic status of children;
       ``(2) conducting and publishing reports and analyses of the 
     meaning and significance of such statistics;
       ``(3) conducting longitudinal studies, as well as regular 
     and special surveys and data collections, necessary to report 
     on the condition and progress of education;
       ``(4) assisting public and private educational agencies, 
     organizations, and institutions in improving and automating 
     their statistical and data collection activities; and
       ``(5) acquiring and disseminating data on educational 
     activities and student achievement in the United States 
     compared with those in foreign nations.
       ``(b) Special Rule.--The Center shall ensure that education 
     statistics and data described in subsection (a)(1), whenever 
     feasible, are collected, analyzed, cross-tabulated and 
     reported by sex, race or ethnicity, and socioeconomic status;
       ``(c) Training Program.--The Commissioner may establish a 
     program to train employees of public and private educational 
     agencies, organizations, and institutions in the use of the 
     Center's standard statistical procedures and concepts and may 
     establish a fellows program to temporarily appoint such 
     employees as temporary fellows at the Center in order to 
     assist the Center in carrying out its duties.

     ``SEC. 14005. PERFORMANCE OF DUTIES.

       ``(a) In General.--In carrying out the Commissioner's 
     duties under this part, the Commissioner may enter into 
     grants, contracts, and cooperative agreements.
       ``(b) Gathering Information.--
       ``(1) Sampling.--The Commissioner may use the statistical 
     method known as sampling to carry out the purpose of this 
     part.
       ``(2) Source of information.--The Commissioner may, as the 
     Commissioner considers appropriate, use information 
     collected--
       ``(A) from States, local educational agencies, schools, 
     institutions of higher education, libraries, administrators, 
     teachers, students, the general public, and such other 
     individuals, organizations, agencies, and institutions as the 
     Commissioner may consider appropriate; and
       ``(B) by other offices within the Department and by other 
     Federal departments, agencies, and instrumentalities.
       ``(3) Collection.--The Commissioner may--
       ``(A) enter into interagency agreements for the collection 
     of statistics;
       ``(B) arrange with any agency, organization, or institution 
     for the collection of statistics; and
       ``(C) assign employees of the Center to any such agency, 
     organization, or institution to assist in such collection.
       ``(4) Technical assistance and coordination.--In order to 
     maximize the effectiveness of Federal efforts to serve the 
     educational needs of children and youth, the Commissioner 
     shall--
       ``(A) provide technical assistance to Department offices 
     that gather data for statistical purposes; and
       ``(B) coordinate closely with other Department offices in 
     the collection of data.

     ``SEC. 14006. REPORTS.

       ``(a) Report on the Condition and Progress of Education.--
     The Commissioner shall, not later than June 1, 1995, and each 
     succeeding June 1 thereafter, submit to the President and the 
     Congress a statistical report on the condition and progress 
     of education in the United States.
       ``(b) Statistical Reports.--The Commissioner shall issue 
     regular statistical reports to the President and Congress on 
     such education topics as the Commissioner determines to be 
     appropriate.
       ``(c) Special Reports.--The Commissioner may, whenever the 
     Commissioner considers it appropriate, issue special reports 
     on particular education topics.

     ``SEC. 14007. ADVISORY COUNCIL ON EDUCATION STATISTICS.

       ``(a) Establishment.--There is established, within the 
     Center, an Advisory Council on Education Statistics 
     (hereafter in this Act referred to as the `Council').
       ``(b) Membership.--
       ``(1) Composition.--The Council shall be composed of--
       ``(A) 15 voting members who are users of education data and 
     who are appointed by the Secretary on the basis of their 
     experience and eminence within the field of education 
     statistics, of whom at least--
       ``(i) three shall be educators;
       ``(ii) three shall be education policymakers;
       ``(iii) three shall be professional statisticians; and
       ``(iv) three shall be education researchers;
       ``(B) the Director of the Bureau of the Census and the 
     Commissioner of the Bureau of Labor Statistics, as voting, ex 
     officio members; and
       ``(C) the Assistant Secretary and the Commissioner, as 
     nonvoting, ex officio members.
       ``(2) Presiding officer.--The Secretary shall appoint the 
     presiding officer of the Council from among the voting 
     members of the Council.
       ``(3) Terms.--Members of the Council appointed under 
     paragraph (1)(A) shall be appointed for 3-year terms except 
     that, in the case of initial appointments, the Secretary 
     shall make appointments for shorter terms to the extent 
     necessary to avoid the expiration of the terms of more than 5 
     members in the same calendar year.
       ``(4) Meetings.--
       ``(A) In general.--The Council shall meet at the call of 
     the presiding officer, except that the Council shall meet--
       ``(i) at least 2 times during each calendar year; and
       ``(ii) in addition, whenever 8 voting members request in 
     writing that the presiding officer call a meeting.
       ``(B) Quorum.--Nine voting members of the Council shall 
     constitute a quorum.
       ``(5) Special rule.--The Council shall review general 
     policies for the operation of the Center and shall advise the 
     Commissioner on standards to ensure that statistics and other 
     information disseminated by the Center are of high quality 
     and are not subject to partisan political influence.

     ``SEC. 14008. CONFIDENTIALITY.

       ``(a) Confidentiality standards.--
       ``(1) In general.--The Center shall develop and enforce 
     standards designed to protect the confidentiality of persons 
     in the collection, reporting, and publication of data under 
     this section. This section shall not be construed to protect 
     the confidentiality of information about institutions, 
     organizations, and agencies that receive grants from, or have 
     contracts or cooperative agreements with, the Federal 
     Government.
       ``(2) Prohibition.--No person may--
       ``(A) use any individually identifiable information 
     furnished under this part for any purpose other than a 
     statistical purpose;
       ``(B) make any publication whereby the data furnished by 
     any particular person under this part can be identified; or
       ``(C) permit anyone other than the individuals authorized 
     by the Commissioner to examine the individual reports.
       ``(b) Administration.--
       ``(1) In general.--No department, bureau, agency, officer, 
     or employee of the Federal Government, except the 
     Commissioner in carrying out the purposes of this part, shall 
     require, for any reason, copies of reports that have been 
     filed under this part with the Center or retained by any 
     individual respondent. Copies of such reports that have been 
     so filed or retained with the Center or any of its employees, 
     contractors, or agents shall be immune from legal process, 
     and shall not, without the consent of the individual 
     concerned, be admitted as evidence or used for any purpose in 
     any action, suit, or other judicial or administrative 
     proceeding. This paragraph shall apply only to individually 
     identifiable information (as defined in paragraph (4)(A)).
       ``(2) Employee or staff violations.--Whoever, being or 
     having been an employee or staff member of the Department, 
     having taken or subscribed the oath of office, or having 
     sworn to observe the limitations imposed by subsection 
     (a)(2), knowingly publishes or communicates any individually 
     identifiable information (as defined in paragraph (4)(A)), 
     the disclosure of which is prohibited by subsection (a)(2), 
     and that comes into such employee or staff's possession by 
     reason of employment (or otherwise providing services) under 
     this part, shall be found guilty of a class E felony and 
     imprisoned for not more than 5 years, or fined as specified 
     in section 3571 of title 18, United States Code, or both.
       ``(3) Temporary staff.--The Commissioner may utilize 
     temporary staff, including employees of Federal, State, or 
     local agencies or instrumentalities (including local 
     educational agencies), and employees of private organizations 
     to assist the Center in performing its responsibilities, but 
     only if such temporary staff are sworn to observe the 
     limitations imposed by this section.
       ``(4) Definitions.--For the purposes of this section--
       ``(A) the term `individually identifiable information' 
     means any record, response form, completed survey, or 
     aggregation thereof from which information about particular 
     individuals may be revealed; and
       ``(B) the term `report' means a response provided by or 
     about an individual to an inquiry from the Center and does 
     not include a statistical aggregation from which individually 
     identifiable information cannot be revealed.
       ``(5) Violations.--Any person who uses any data provided by 
     the Center, in conjunction with any other information or 
     technique, to identify any individual student, teacher, 
     administrator, or other individual and who knowingly 
     discloses, publishes, or uses such data for a purpose other 
     than a statistical purpose, or who otherwise violates 
     subparagraph (A) or (B) of subsection (a)(2), shall be found 
     guilty of a class E felony and imprisoned for not more than 5 
     years, or fined as specified in section 3571 of title 18, 
     United States Code, or both.
       ``(6) Access to reports or records.--Nothing in this 
     section shall restrict the right of the Secretary, the 
     Comptroller General of the United States, the Director of the 
     Congressional Budget Office, and the Librarian of Congress to 
     gain access to any reports or other records, including 
     information identifying individuals, in the Center's 
     possession, except that the same restrictions on disclosure 
     that apply under paragraphs (1) and (5) of subsection (b) 
     shall apply to such individuals.

     ``SEC. 14009. DISSEMINATION.

       ``(a) General Requests.--
       ``(1) In general.--The Center may furnish transcripts or 
     copies of tables and other statistical records and make 
     special statistical compilations and surveys for State and 
     local officials, public and private organizations, and 
     individuals.
       ``(2) Compilations.--The Center shall provide State and 
     local educational agencies opportunities to suggest the 
     development of particular compilations of statistics, 
     surveys, and analyses that would assist those educational 
     agencies.
       ``(b) Congressional Requests.--The Center shall furnish 
     such special statistical compilations and surveys as the 
     Congress may request.
       ``(c) Joint Statistical Projects.--The Secretary may engage 
     in joint statistical projects related to the purposes of this 
     part, or other statistical purposes authorized by law, with 
     nonprofit organizations or agencies, and the cost of such 
     projects shall be shared equitably as determined by the 
     Secretary.
       ``(d) Fees.--
       ``(1) In general.--Statistical compilations and surveys 
     under this section, other than those carried out pursuant to 
     subsections (b) and (c), may be made subject to the payment 
     of the actual or estimated cost of such work.
       ``(2) Funds received.--All funds received in payment for 
     work or services described in this subsection may be used for 
     the fiscal year for which such funds are received to pay 
     directly the costs of such work or services, to repay 
     appropriations that initially bore all or part of such costs, 
     or to refund excess sums when necessary.
       ``(e) Access.--
       ``(1) Other federal agencies.--The Center shall, consistent 
     with section 14008, participate with other Federal agencies 
     having a need for educational data in providing access to 
     educational data received by the Center.
       ``(2) Interested parties.--The Center shall, in accordance 
     with such terms and conditions as the Secretary may 
     prescribe, provide all interested parties, including public 
     and private agencies and individuals, direct access to data 
     collected by the Center for the purposes of research and 
     acquiring statistical information.

     ``SEC. 14010. COOPERATIVE EDUCATION STATISTICS SYSTEMS.

       ``(a) In General.--The Commissioner may establish one or 
     more national cooperative education statistics systems for 
     the purpose of producing and maintaining, with the 
     cooperation of the States, comparable and uniform information 
     and data on elementary and secondary education, postsecondary 
     education, and libraries, that are useful for policymaking at 
     the Federal, State, and local levels. In carrying out this 
     section, the Commissioner may provide technical assistance, 
     and make grants and enter into contracts and cooperative 
     agreements.
       ``(b) Model Data System.--
       ``(1) Study; design; pilot.--The Commissioner, working 
     through the cooperative education statistics system, shall 
     study, design, and pilot a model data system that will yield 
     information about spending for administration at the school 
     and local educational agency levels.
       ``(2) Study and Report.--Upon the date of completion of the 
     pilot model data system described in paragraph (1), the 
     Secretary shall study the information obtained through the 
     use of such data system and other relevant information, as 
     well as any other data systems which are in use on such date 
     that account for administrative expenses at the school and 
     local educational agency level, and shall report to the 
     Congress not later than six months after such date 
     regarding--
       ``(A) the potential for the reduction of administrative 
     expenses at the school and local educational agency levels;
       ``(B) the potential usefulness of such data system to 
     reduce such administrative expenses;
       ``(C) any other methods which may be employed by schools, 
     local educational agencies or State educational agencies to 
     reduce administrative expenses and maximize the use of funds 
     for functions directly affecting student learning; and
       ``(D) if appropriate, steps which may be taken to assist 
     schools, local educational agencies and State educational 
     agencies to account for and reduce administrative expenses.

     ``SEC. 14011. NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS.

       ``(a) Establishment.--The Commissioner shall, with the 
     advice of the National Assessment Governing Board established 
     by section 14012, carry out, through grants, contracts, or 
     cooperative agreements with one or more qualified 
     organizations, or consortia thereof, a National Assessment of 
     Educational Progress (hereafter in this part referred to as 
     the `National Assessment').
       ``(b) Purpose; State Assessments.--
       ``(1) Purpose.--The purpose of the National Assessment is 
     to provide a fair and accurate presentation of educational 
     achievement in reading, writing, and the other subjects 
     included in the third National Education Goal, regarding 
     student achievement and citizenship. The Commissioner, in 
     carrying out the National Assessment, shall use sampling 
     techniques that produce data that are representative on a 
     national and regional basis and on a State basis pursuant to 
     paragraph (2). In addition, the Commissioner shall--
       ``(A) collect and report data on a periodic basis, but at 
     least once every 2 years, on students at ages 9, 13, and 17 
     and in grades 4, 8, and 12;
       ``(B) report achievement data on a basis that ensures valid 
     and reliable trend reporting;
       ``(C) include, whenever feasible, information collected, 
     cross-tabulated, analyzed, and reported by sex, race or 
     ethnicity and socioeconomic status;
       ``(D) collect and report data on students receiving 
     services under part A of title I; and
       ``(E) ensure that achievement data are made available on a 
     timely basis following official reporting, in a manner that 
     facilitates further analysis.
       ``(2) State assessments.--
       ``(A) In general.--The Commissioner, in carrying out the 
     National Assessment, may conduct State assessments of student 
     achievement in grades 4, 8, and 12.
       ``(B) State participation.--States wishing to participate 
     in State assessments shall enter into an agreement with the 
     Secretary pursuant to subsection (d)(2). Such agreement shall 
     contain information sufficient to give States full 
     information about the process for consensus decisionmaking on 
     objectives to be tested, required in section 14012(e)(5), and 
     of the standards for sampling, test administration, test 
     security, data collection, validation, and reporting.
       ``(C) State review and release of results.--A participating 
     State shall review and give permission for the release of 
     results from any test of its students administered as a part 
     of a State assessment prior to the release of such data. 
     Refusal by a State to release its data shall not restrict the 
     release of data from other States that have approved the 
     release of such data.
       ``(3) Prohibited data.--In carrying out the National 
     Assessment, the Commissioner shall not collect any data that 
     are not directly related to the appraisal of educational 
     performance, achievement, and traditional demographic 
     reporting variables, or to the fair and accurate presentation 
     of such information.
       ``(4) Technical assistance.--In carrying out the National 
     Assessment, the Commissioner may provide technical assistance 
     to States, localities, and other parties.
       ``(c) Access.--
       ``(1) Public access.--Except as provided in paragraph (2), 
     the public shall have access to all data, questions, and test 
     instruments of the National Assessment.
       ``(2) Personally identifiable information.--
       ``(A) In general.--The Commissioner shall ensure that all 
     personally identifiable information about students, their 
     educational performance, and their families, and that 
     information with respect to individual schools, remains 
     confidential, in accordance with section 552a of title 5, 
     United States Code.
       ``(B) Special rule.--Notwithstanding any other provision of 
     law, the Secretary may decline to make available to the 
     public for a period, not to exceed 10 years following their 
     initial use, cognitive questions that the Secretary intends 
     to reuse in the future.
       ``(C) Test instruments.--The Secretary may, upon the 
     request of a State educational agency or a local educational 
     agency, make National Assessment test instruments available 
     for assessing aggregate student achievement at the school or 
     school district level. Before receiving such instruments, an 
     agency shall provide assurances, satisfactory to the 
     Secretary, that security requirements and testing protocols, 
     prescribed by the Commissioner, will be complied with in the 
     use of such instruments.
       ``(d) Participation.--
       ``(1) National and regional.--Participation in the national 
     and regional assessments by State and local educational 
     agencies shall be voluntary.
       ``(2) State.--Participation in assessments made on a State 
     basis shall be voluntary. The Secretary shall enter into an 
     agreement with any State that desires to carry out an 
     assessment for the State under this subsection. Each such 
     agreement shall contain provisions designed to ensure that 
     the State will--
       ``(A) participate in the assessment; and
       ``(B) pay from non-Federal sources the non-Federal share of 
     participation.
       ``(3) Non-federal share.--
       ``(A) In general.--For each fiscal year, the non-Federal 
     share for the purpose of paragraph (2)(B) shall be--
       ``(i) the cost of conducting the assessment at the school 
     level for all public schools in the State sample;
       ``(ii) the cost of coordination within the State; and
       ``(iii) other reasonable costs specified by the Secretary 
     in the agreement described in paragraph (2).
       ``(B) Special rule.--The non-Federal share of payments 
     under this paragraph may be in cash or in kind, fairly 
     valued.
       ``(C) Administrative costs.--The agreement described in 
     paragraph (2) shall describe the manner in which the costs of 
     administering the assessment to private nonprofit schools 
     included in the State sample may be met.
       ``(e) Review of National and State Assessments.--The 
     Secretary shall provide for continuing reviews of both 
     national and State assessments, including evaluation studies 
     by the Center and solicitation of public comment on the 
     conduct and usefulness of the National Assessment. The 
     Secretary shall report to the Congress, the President, and 
     the Nation on the findings and recommendations of such 
     reviews. The Commissioner shall consider the findings and 
     recommendations in designing the competition to select the 
     organization, or organizations, through which the Office 
     carries out the National Assessment.
       ``(f) Coverage Agreements.--
       ``(1) Department of defense schools.--The Secretary and the 
     Secretary of Defense may enter into an agreement, including 
     such terms as are mutually satisfactory, to include in the 
     National Assessment elementary and secondary schools operated 
     by the Department of Defense.
       ``(2) Bureau of indian affairs schools.--The Secretary and 
     the Secretary of the Interior may enter into an agreement, 
     including such terms as are mutually satisfactory, to include 
     in the National Assessment schools for Indian children 
     operated or supported by the Bureau of Indian Affairs.

     ``SEC. 14012. NATIONAL ASSESSMENT GOVERNING BOARD.

       ``(a) Establishment.--There is established the National 
     Assessment Governing Board (hereafter in this part referred 
     to as the `Board'), which shall formulate policy guidelines 
     for the National Assessment.
       ``(b) Membership.--
       ``(1) Appointment and composition.--The Board shall be 
     appointed by the Secretary and be composed of--
       ``(A) two Governors, or former Governors, who shall not be 
     members of the same political party;
       ``(B) two State legislators, who shall not be members of 
     the same political party;
       ``(C) two chief State school officers;
       ``(D) one superintendent of a local educational agency;
       ``(E) one member of a State board of education;
       ``(F) one member of a local board of education;
       ``(G) three classroom teachers representing the grade 
     levels at which the National Assessment is conducted;
       ``(H) one representative of business or industry;
       ``(I) two curriculum specialists;
       ``(J) three testing and measurement experts, who shall have 
     training and experience in the field of testing and 
     measurement;
       ``(K) one nonpublic school administrator or policymaker;
       ``(L) two school principals, of whom one shall be an 
     elementary school principal and one shall be a secondary 
     school principal; and
       ``(M) four additional members who are representatives of 
     the general public, including parents.
       ``(2) Assistant secretary for educational research.--The 
     Assistant Secretary for Educational Research and Improvement 
     shall serve as an ex officio, nonvoting member of the Board.
       ``(3) Special rule.--The Secretary and the Board shall 
     ensure at all times that the membership of the Board reflects 
     regional, racial, gender, and cultural balance and diversity 
     and that the Board exercises its independent judgment, free 
     from inappropriate influences and special interests.
       ``(c) Terms.--Members of the Board shall serve for terms 
     not to exceed 4 years which shall be staggered, as determined 
     by the Secretary. Any appointed member of the Board who 
     changes status under subsection (b) during the term of the 
     appointment of the member may continue to serve as a member 
     until the expiration of such term.
       ``(d) Vacancies.--As vacancies occur, new members of the 
     Board shall be appointed by the Secretary from among 
     individuals who are nominated by the Board after consultation 
     with representatives of the groups listed in subsection 
     (b)(1). For each vacancy, the Board shall nominate at least 3 
     individuals who, by reason of experience or training, are 
     qualified in that particular Board vacancy.
       ``(e) Duties.--
       ``(1) In general.--In carrying out its functions under this 
     section the Board shall--
       ``(A) select subject areas to be assessed (consistent with 
     section 14011(b)(1));
       ``(B) identify appropriate achievement goals for each age 
     and grade in each subject area to be tested under the 
     National Assessment;
       ``(C) develop assessment objectives;
       ``(D) develop test specifications;
       ``(E) design the methodology of the assessment;
       ``(F) develop guidelines for analysis plans and for 
     reporting and disseminating results;
       ``(G) develop standards and procedures for interstate, 
     regional, and national comparisons; and
       ``(H) take appropriate actions needed to improve the form 
     and use of the National Assessment.
       ``(2) Delegation.--The Board may delegate any of the 
     Board's procedural and administrative functions to its staff.
       ``(3) Cognitive items.--The Board shall have final 
     authority on the appropriateness of cognitive items.
       ``(4) Bias.--The Board shall take steps to ensure that all 
     items selected for use in the National Assessment are free 
     from racial, cultural, gender, or regional bias.
       ``(5) Goals statements.--Each learning area assessment 
     shall have goal statements devised through a national 
     consensus approach, providing for active participation of 
     teachers, curriculum specialists, local school 
     administrators, parents, and concerned members of the general 
     public.
       ``(f) Personnel.--
       ``(1) In general.--In the exercise of its responsibilities, 
     the Board shall be independent of the Secretary and the other 
     offices and officers of the Department.
       ``(2) Staff.--The Secretary may appoint, at the direction 
     of the Board, such staff as the Board requires. Such 
     appointments may include, for terms not to exceed 3 years, 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, not 
     more than 6 technical employees to administer this 
     subsection, who may be paid without regard to the provisions 
     of chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates.
       ``(g) Commissioner Reports.--The Commissioner shall report 
     to the Board at regular intervals on the Department's actions 
     to implement the decisions of the Board.
       ``(h) Administration.--
       ``(1) Limitation.--Not to exceed 10 percent of the funds 
     available for the National Assessment for any fiscal year may 
     be used for administrative expenses (including staff, 
     consultants, and contracts) and to carry out the Board's 
     duties described in subsection (e).
       ``(2) Applicability of the federal advisory committee 
     act.--For the purposes of its administrative functions, the 
     Board shall have the authorities authorized by the Federal 
     Advisory Committee Act and shall be subject to the open 
     meeting provisions of that law.

     ``SEC. 14013. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated $100,000,000 for 
     fiscal year 1995, and such sums as may be necessary for each 
     of the 4 succeeding fiscal years, to carry out this title.
                  ``TITLE XV--EDUCATION INFRASTRUCTURE

     ``SEC. 15001. SHORT TITLE.

       ``This title may be cited as the `Education Infrastructure 
     Act of 1994'.

     ``SEC. 15002. FINDINGS.

       ``The Congress finds that--
       ``(1) improving the quality of public elementary and 
     secondary school libraries, media centers, and facilities 
     will help our Nation meet the National Education Goals;
       ``(2) Federal, State, and local funding for the repair, 
     renovation, alteration and construction of public elementary 
     and secondary school libraries, media centers, and facilities 
     has not adequately reflected need; and
       ``(3) the challenges facing our Nation's public elementary 
     and secondary schools require the concerted and collaborative 
     efforts of all levels of government and all sectors of the 
     community.

     ``SEC. 15003. PURPOSE.

       ``It is the purpose of this title to help our Nation meet 
     the National Education Goals through the repair, renovation, 
     alteration and construction of public elementary and 
     secondary school libraries, media centers, and facilities, 
     used for academic or vocational instruction.

     ``SEC. 15004. DEFINITIONS.

       ``For purposes of this title--
       ``(1) the term `alteration' refers to any change to an 
     existing property for use for a different purpose or 
     function;
       ``(2) the term `construction' refers to the erection of a 
     building, structure, or facility, including the concurrent 
     installation of equipment, site preparation, associated 
     roads, parking, and utilities, which provides area or cubage 
     not previously available, including--
       ``(A) freestanding structures, additional wings, or floors, 
     enclosed courtyards or entryways, and any other means to 
     provide usable program space that did not previously exist; 
     and
       ``(B) the complete replacement of an existing facility;
       ``(3) the term `eligible local educational agency' means a 
     local educational agency which demonstrates in the 
     application submitted under section 15006 that such agency--
       ``(A) has urgent repair, renovation, alteration and 
     construction needs for its public elementary or secondary 
     school libraries, media centers, and facilities, used for 
     academic or vocational instruction; and
       ``(B) serves large numbers or percentages of disadvantaged 
     students;
       ``(4) the term `renovation' refers to any change to an 
     existing property to allow its more efficient use within such 
     property's designated purpose;
       ``(5) the term `repair' refers to the restoration of a 
     failed or failing real property facility, component, or a 
     building system to such a condition that such facility, 
     component, or system may be used effectively for its 
     designated purpose, if, due to the nature or extent of the 
     deterioration or damage to such facility, component, or 
     system, such deterioration or damage cannot be corrected 
     through normal maintenance;
       ``(6) the term `rural eligible local educational agency' 
     means an eligible local educational agency--
       ``(A)(i) in which at least 15 percent of the children 
     enrolled in the schools served by such agency are eligible to 
     be counted under section 1123(c); and
       ``(ii) which is not in a metropolitan statistical area; or
       ``(B) in which the total enrollment in the schools served 
     by such agency is less than 2,500 students and that does not 
     serve schools located in a metropolitan statistical area; and
       ``(7) the term `urban eligible local educational agency' 
     means an eligible local educational agency which--
       ``(i) serves the largest central city in a State;
       ``(ii) enrolls more than 30,000 students and serves a 
     central city with a population of at least 200,000 in a 
     metropolitan statistical area; or
       ``(iii) enrolls between 25,000 and 30,000 students and 
     serves a central city with a population of at least 140,000 
     in a metropolitan statistical area.

     ``SEC. 15005. IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY 
                   EDUCATION FACILITIES PROGRAM AUTHORIZED.

       ``(a) Program Authority.--From amounts appropriated 
     pursuant to the authority of subsection (b) in any fiscal 
     year, the Secretary shall award grants to eligible local 
     educational agencies having applications approved under 
     section 15006 to carry out the authorized activities 
     described in section 15007.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated $400,000,000 for fiscal year 
     1995, and such sums as may be necessary for each of the 4 
     succeeding fiscal years, to carry out this title.

     ``SEC. 15006. APPLICATIONS.

       ``Each eligible local educational agency desiring to 
     receive a grant under this title shall submit an application 
     to the Secretary. Each such application shall--
       ``(1) contain an assurance that such application was 
     developed in consultation with parents and classroom 
     teachers; and
       ``(2) include--
       ``(A) a description of each architectural, civil, 
     structural, mechanical, electrical, or telephone line, 
     deficiency to be corrected with funds provided under this 
     title, including the priority for the repair of the 
     deficiency;
       ``(B) a description of the criteria used by the applicant 
     to determine the type of corrective action necessary to meet 
     the purposes of this part;
       ``(C) a description of the corrective action to be 
     supported with funds provided under this title;
       ``(D) a cost estimate of the proposed corrective action;
       ``(E) an identification of the total amount and percentage 
     of such agency's budget used in the preceding fiscal year for 
     the maintenance, repair, renovation, alteration, and 
     construction of public elementary and secondary school 
     libraries, media centers, and facilities;
       ``(F) a description of how such agency plans to maintain 
     the repair, renovation, alteration, or construction supported 
     with funds provided under this title;
       ``(G) a description of how activities supported with funds 
     provided under this title will promote energy conservation;
       ``(H) a description of the extent to which the repair, 
     renovation, alteration, or construction will help the 
     Secretary meet the goals described in section 15010(1)(A); 
     and
       ``(I) such other information as the Secretary may 
     reasonably require.

     ``SEC. 15007. CRITERIA FOR AWARDING GRANTS.

       ``(a) In General.--The Secretary shall award grants under 
     this title on the basis of the extent to which--
       ``(1) the grant is needed to address conditions that 
     compromise learning, health or safety; and
       ``(2) the eligible local educational agency lacks the 
     fiscal capacity, including the ability to raise funds, to 
     undertake the project without Federal assistance.
       ``(b) Special Rule.--The Secretary shall only award grants 
     under this title if the Secretary determines that sufficient 
     funds will be provided under this title or from other 
     sources, including the issuance of bonds, to carry out the 
     activities for which assistance is sought.
       ``(c) Equitable Distribution.--To the extent feasible, in 
     awarding grants under this title the Secretary shall ensure 
     that there is an equitable distribution of such grants among 
     urban eligible local educational agencies and rural eligible 
     local educational agencies.

     ``SEC. 15008. AUTHORIZED ACTIVITIES.

       ``Each eligible local educational agency receiving a grant 
     under this title shall use such grant funds to help our 
     Nation meet the National Education Goals through the repair, 
     renovation, alteration, and construction of a public 
     elementary or secondary school library, media center, or 
     facility, used for academic or vocational instruction, 
     including--
       ``(1) inspection of such library, center, or facility;
       ``(2) repairing such library, center, or facility that 
     poses a health or safety risk to students;
       ``(3) upgrading of and alteration to such library, center, 
     or facility in order to accommodate new instructional 
     technology;
       ``(4) meeting the requirements of section 504 of the 
     Rehabilitation Act of 1973 and the Americans with 
     Disabilities Act of 1990;
       ``(5) removal or containment of severely hazardous material 
     such as asbestos, lead, and radon using a cost-effective 
     method;
       ``(6) meeting Federal, State, or local codes related to 
     fire, air, light, noise, waste disposal, building height, or 
     other codes passed since the initial construction of such 
     library, center, or facility; and
       ``(7) replacing an old such library, center, or facility 
     that is most cost-effectively torn down rather than 
     renovated.

     ``SEC. 15009. REQUIREMENTS.

       ``(a) Special Rules.--
       ``(1) Maintenance of effort.--An eligible local educational 
     agency may receive a grant under this title for any fiscal 
     year only if the Secretary finds that either the combined 
     fiscal effort per student or the aggregate expenditures of 
     that agency and the State with respect to the provision of 
     free public education by such local educational agency for 
     the preceding fiscal year was not less than 90 percent of 
     such combined fiscal effort or aggregate expenditures for the 
     fiscal year for which the determination is made.
       ``(2) Supplement not supplant.--An eligible local 
     educational agency shall use funds received under this title 
     only to supplement the amount of funds that would, in the 
     absence of such Federal funds, be made available from non-
     Federal sources for the repair and construction of school 
     facilities used for educational purposes, and not to supplant 
     such funds.
       ``(b) General Limitations.--
       ``(1) Real property.--No part of any grant funds under this 
     title shall be used for the acquisition of any interest in 
     real property.
       ``(2) Maintenance.--Nothing in this title shall be 
     construed to authorize the payment of maintenance costs in 
     connection with any projects constructed in whole or in part 
     with Federal funds provided under this title.
       ``(3) Environmental safeguards.--All projects carried out 
     with Federal funds provided under this title shall comply 
     with all relevant Federal, State, and local environmental 
     laws and regulations.
       ``(4) Applicability of laws regarding individuals with 
     disabilities.--Sections 504 and 505 of the Rehabilitation Act 
     of 1973 and the Americans with Disabilities Act of 1990 shall 
     apply to projects carried out with Federal funds provided 
     under this title.

     ``SEC. 15010. FAIR WAGES.

       ``All laborers and mechanics employed by contractors or 
     subcontractors in the performance of any contract and 
     subcontract for the repair, renovation, alteration, or 
     construction, including painting and decorating, of any 
     building or work that is financed in whole or in part by a 
     grant under this title, shall be paid wages not less than 
     those determined by the Secretary of Labor in accordance with 
     the Act of March 3, 1931 (commonly known as the Davis-Bacon 
     Act); as amended (40 U.S.C. 276a-276a-5). The Secretary of 
     Labor shall have the authority and functions set forth in 
     reorganization plan of No. 14 of 1950 (15 FR 3176; 64 Stat. 
     1267) and section 2 of the Act of June 1, 1934 (commonly 
     known as the Copeland Anti-Kickback Act) as amended (40 
     U.S.C. 276c, 48 Stat. 948).

     ``SEC. 15011. FEDERAL ASSESSMENT.

       ``The Secretary shall reserve not more than 1 percent of 
     funds appropriated pursuant to the authority of section 
     15005(b)--
       ``(1) to collect such data as the Secretary determines 
     necessary at the school, local, and State levels; and
       ``(2) to conduct studies and evaluations, including 
     national studies and evaluations, in order to--
       ``(A) monitor the progress of projects supported with funds 
     provided under this title; and
       ``(B) evaluate the state of American public elementary and 
     secondary school libraries, media centers, and facilities; 
     and
       ``(3) to report to the Congress by July 1, 1997, regarding 
     the findings of the studies and evaluations described in 
     paragraph (2).
                 ``TITLE XVI--URBAN AND RURAL EDUCATION

     ``SEC. 16001. DEFINITIONS.

       ``Except as otherwise provided, for the purposes of this 
     title:
       ``(1) Central city.--The term `central city' has the same 
     meaning used by the Bureau of the Census.
       ``(2) Community-based organization.--The term `community-
     based organization' means a private nonprofit organization 
     that is representative of a community or significant segments 
     of a community and which has a proven record of providing 
     effective educational or related services to individuals in 
     the community.
       ``(3) Community as school concept.--The term `community as 
     school concept' means the mutual sharing of the local public 
     school's and the local community's human, financial, 
     technical, and environmental resources to help meet each 
     others needs;
       ``(4) Metropolitan statistical area.--The term 
     `metropolitan statistical area' has the same meaning used by 
     the Bureau of the Census.
       ``(5) Poverty level.--The term `poverty level' means the 
     criteria of poverty used by the Bureau of the Census in 
     compiling the most recent decennial census for a family of 4 
     in such form as those criteria have been updated by increases 
     in the Consumer Price Index for All Urban Consumers.
       ``(6) Rural eligible local educational agency.--The term 
     `rural eligible local educational agency' means a local 
     educational agency--
       ``(A)(i) in which at least 15 percent of the children 
     enrolled in the schools served by such agency are eligible to 
     be counted under section 1123(c); and
       ``(ii) which is not in a metropolitan statistical area; or
       ``(B) in which the total enrollment in the schools served 
     by such agency is less than 2,500 students and that does not 
     serve schools located in a metropolitan statistical area.
       ``(7) State.--The term `State' means each of the several 
     States and the District of Columbia, but does not include 
     Guam, American Samoa, the Commonwealth of Puerto Rico, the 
     United States Virgin Islands, the Commonwealth of the 
     Northern Mariana Islands, the Republic of the Marshall 
     Islands, the Federated States of Micronesia, and Palau.
       ``(8) Urban eligible local educational agency.--The term 
     `urban eligible local educational agency' means a local 
     educational agency that--
       ``(A) serves the largest central city in a State;
       ``(B) enrolls more than 30,000 students and serves a 
     central city with a population of at least 200,000 in a 
     metropolitan statistical area; or
       ``(C) enrolls between 25,000 and 30,000 students and serves 
     a central city with a population of at least 140,000 in a 
     metropolitan statistical area.

                        ``PART A--URBAN SCHOOLS

     ``SEC. 16101. SHORT TITLE.

       ``This part may be cited as the `Urban Schools of America 
     (USA) Act of 1994'.

     ``SEC. 16102. FINDINGS.

       ``The Congress finds that--
       ``(1) the ability of the Nation's major urban public school 
     systems to meet the Nation's educational goals will determine 
     the country's economic competitiveness and academic standing 
     in the world community;
       ``(2) the quality of public education in the Nation's major 
     urban areas has a direct effect on the economic development 
     of the Nation's inner cities;
       ``(3) the success of urban public schools in boosting the 
     achievement of its minority youth attending such schools will 
     determine the ability of the Nation to close the gap between 
     the `haves and the have-nots' in society;
       ``(4) the cost to America's businesses to provide remedial 
     education to secondary school graduates is approximately 
     $30,000,000,000 per year;
       ``(5) urban public schools enroll a disproportionately 
     large share of the Nation's poor and at-risk youth;
       ``(6) urban public schools enroll approximately one-third 
     of the Nation's poor, 40 percent of the Nation's African-
     American children, and 30 percent of the Nation's Hispanic 
     youth;
       ``(7) nearly 20 percent of the Nation's limited-English 
     proficient children and 15 percent of the Nation's disabled 
     youth are enrolled in urban public schools;
       ``(8) the academic performance of students in the average 
     inner-city public school system is below that of students in 
     most other kinds of school systems;
       ``(9) urban public school systems have higher dropout 
     rates, more problems with health care, and less parental 
     participation than other kinds of school systems;
       ``(10) urban preschoolers have one-half the access to early 
     childhood development programs as do other children;
       ``(11) shortages of teachers in urban public school systems 
     are 2.5 times greater than such shortages in other kinds of 
     school systems;
       ``(12) declining numbers of urban minority secondary school 
     graduates are pursuing postsecondary educational 
     opportunities;
       ``(13) urban public school systems have greater problems 
     with teenage pregnancy, discipline, drug abuse, and gangs 
     than do other kinds of school systems;
       ``(14) 75 percent of urban public school buildings are over 
     25 years old, 33 percent of such buildings are over 50 years 
     old, and such buildings are often in serious disrepair and 
     create poor and demoralizing working and learning conditions;
       ``(15) solving the challenges facing our Nation's urban 
     schools will require the concerted and collaborative efforts 
     of all levels of government and all sectors of the community;
       ``(16) Federal and State funding of urban public schools 
     has not adequately reflected need; and
       ``(17) Federal funding that is well-targeted, flexible, and 
     accountable would contribute significantly to addressing the 
     comprehensive needs of inner-city public schools.

     ``SEC. 16103. PURPOSE.

       ``It is the purpose of this part to provide financial 
     assistance to--
       ``(1) assist urban public schools in meeting National 
     Education Goals;
       ``(2) improve the educational and social well-being of 
     urban public school children;
       ``(3) close the achievement gap between urban and nonurban 
     public school children, while improving the achievement level 
     of all children nationally;
       ``(4) conduct coordinated research on urban public 
     education problems, solutions, and promising practices;
       ``(5) improve the Nation's global economic and educational 
     competitiveness by improving the Nation's urban schools; and
       ``(6) encourage community, parental, and business 
     collaboration in the improvement of urban schools.

                 ``Subpart 1--Urban School Improvement

     ``SEC. 16121. ALLOCATION OF FUNDS.

       ``(a) Reservation.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall reserve 5 percent of the amounts appropriated or 
     otherwise made available to carry out this subpart for any 
     fiscal year, to provide incentive awards in accordance with 
     section 16126.
       ``(2) Inapplicability.--Paragraph (1) shall not apply for 
     the first year for which funds are appropriated to carry out 
     this subpart.
       ``(b) Federal Allotment.--From the remainder of the sums 
     not reserved under subsection (a), the Secretary shall allot 
     to each urban eligible local educational agency with an 
     approved application in each fiscal year an amount which 
     bears the same relationship to such funds as the amount such 
     urban eligible local educational agency was allocated under 
     section 1123 (or for fiscal year 1995 only, such section's 
     predecessor authority) in the preceding fiscal year bears to 
     the total amount received under such section in such 
     preceding fiscal year by all urban eligible local educational 
     agencies.
       ``(c) Reservation for Community-Based Organizations and 
     Nonprofit Partnerships.--Each urban eligible local 
     educational agency shall reserve not more than 5 percent of 
     the amounts allotted under subsection (b) for any fiscal 
     year, to make as many grants as practicable for the 
     activities described in section 16124 to--
       ``(1) community-based organizations; or
       ``(2) nonprofit partnerships between the urban eligible 
     local educational agency and city-wide collaboratives of 
     private sector businesses or universities.
       ``(d) Payments.--The Secretary shall make annual payments 
     only to urban eligible local educational agencies that--
       ``(1) comply with the provisions of section 16125; and
       ``(2) demonstrate to the satisfaction of the Secretary that 
     the data submitted pursuant to section 16125 shows progress 
     toward meeting National Education Goals.
       ``(e) Administrative Costs.--Not more than 5 percent of any 
     allotment or grant made under this subpart may be used for 
     administrative costs.

     ``SEC. 16122. APPLICATION.

       ``(a) Application Required.--
       ``(1) Urban local educational agencies.--
       ``(A) In general.--Any urban local educational agency 
     desiring to receive an allotment from the Secretary to carry 
     out this subpart shall--
       ``(i) develop and prepare an application;
       ``(ii) submit to the State educational agency the 
     application for review and comment; and
       ``(iii) submit the application described in clause (i) to 
     the Secretary for approval.
       ``(B) Duration.--Except as provided in section 16125, the 
     application described in clause (i) may be for a period of 
     not more than 5 years.
       ``(2) Community-based organizations and nonprofit 
     partnerships.--Any community-based organization or nonprofit 
     partnership referred to in section 16121(c) desiring to 
     receive a grant from an urban eligible local educational 
     agency pursuant to section 16126 shall--
       ``(A) submit an application to the urban eligible local 
     educational agency;
       ``(B) describe in the application the collaborative efforts 
     undertaken with the urban eligible local educational agency 
     in designing a program to meet the purposes of this subpart; 
     and
       ``(C) describe in the application how funds will be used to 
     help meet the education goals selected by the urban eligible 
     local educational agency pursuant to subsection (b).
       ``(b) Contents of Urban Local Educational Agency 
     Application.--Each application submitted by an urban eligible 
     local educational agency shall include a description of--
       ``(1) the ranking of all schools in the urban eligible 
     local educational agency by achievement, poverty, and racial 
     isolation and how such schools will be served in accordance 
     with section 16127(a);
       ``(2) the community served by the urban eligible local 
     educational agency and the effects of the community on the 
     educational conditions within the schools served by the urban 
     eligible local educational agency;
       ``(3) the academic and other goals selected by the urban 
     eligible local educational agency and their relationship to 
     the standards set for all students under the Goals 2000: 
     Educate America Act or title I of this Act;
       ``(4) how funds received under this subpart will be used to 
     meet the National Education Goals selected by the urban 
     eligible local educational agency;
       ``(5) how promising or successful models or programs will 
     be replicated in designing activities assisted under this 
     subpart; and
       ``(6) the statistical indicators and other criteria that 
     the urban eligible local educational agency will use to 
     measure progress toward meeting National Education Goals, and 
     a description of what the urban eligible local educational 
     agency has done to ensure that any assessments used to 
     measure such progress will not have a negative effect on 
     minority or language minority students.

     ``SEC. 16123. PLANNING PERIOD.

       ``Any urban eligible local educational agency requiring 
     additional planning efforts to meet the provisions of this 
     subpart may use the first 6 months of the initial program 
     year for planning purposes, subject to approval by the 
     Secretary, except that not more than 15 percent of the first 
     year's allotment shall be used for such purposes. A written 
     report of the results of such planning shall be submitted to 
     the Secretary not later than the end of the first project 
     year.

     ``SEC. 16124. USES OF FUNDS.

       ``(a) In General.--Funds allotted under this subpart shall 
     be used by urban eligible local educational agencies, 
     community-based organizations, or nonprofit partnerships to 
     meet National Education Goals through programs designed to--
       ``(1) increase the academic achievement of urban public 
     school children to at least the national average, such as--
       ``(A) effective public schools programs;
       ``(B) tutoring, mentoring, and other activities to improve 
     academic achievement directly;
       ``(C) activities designed to increase the participation of 
     minority and female students in entry level and advanced 
     courses in mathematics and science;
       ``(D) supplementary academic instruction;
       ``(E) efforts to improve problem-solving and higher-order 
     thinking skills;
       ``(F) programs to increase student motivation for learning; 
     and
       ``(G) efforts to lengthen the school day or school year, or 
     to reduce class sizes;
       ``(2) ensure the readiness of all urban public school 
     children for school, such as--
       ``(A) full workday, full calendar-year comprehensive early 
     childhood development programs;
       ``(B) parenting classes and parent involvement activities;
       ``(C) activities designed to coordinate prekindergarten and 
     child care programs;
       ``(D) efforts to integrate developmentally appropriate 
     prekindergarten services into the overall public school 
     program;
       ``(E) upgrading the qualifications of early childhood 
     education staff and standards for programs;
       ``(F) collaborative efforts with health and social service 
     agencies to provide comprehensive services and to facilitate 
     the transition from home to school;
       ``(G) establishment of comprehensive child care centers in 
     public secondary schools for students who are parents and 
     their children; and
       ``(H) augmenting early childhood development programs to 
     meet the special educational and cultural needs of limited-
     English proficient preschool children;
       ``(3) increase the graduation rates of urban public school 
     students to at least the national average, such as--
       ``(A) dropout prevention activities and support services 
     for public school students at-risk of dropping out of school;
       ``(B) reentry, outreach, and support activities to recruit 
     students who have dropped out of school to return to school;
       ``(C) development of systemwide policies and practices that 
     encourage students to stay in school;
       ``(D) efforts to provide individualized student support, 
     such as mentoring programs;
       ``(E) collaborative activities between schools, parents, 
     community groups, agencies, and institutions of higher 
     education aimed at preventing individuals from dropping out 
     of school;
       ``(F) programs to increase student attendance; and
       ``(G) alternative programs for students, especially 
     bilingual and special education students, who have dropped 
     out of school or are at risk of dropping out of school;
       ``(4) prepare urban public school students to enter higher 
     education, pursue careers, and exercise their 
     responsibilities as citizens, such as--
       ``(A) activities designed to increase the number and 
     percentages of students, particularly minority students, 
     enrolling in postsecondary educational institutions after 
     graduation from public secondary schools;
       ``(B) in-school youth employment, vocational education, and 
     career education programs that improve the transition from 
     school to work;
       ``(C) activities designed in collaboration with colleges 
     and universities to assist urban public school graduates in 
     completing higher education;
       ``(D) efforts to increase voter registration among eligible 
     public secondary school students;
       ``(E) activities designed to promote community service and 
     volunteerism among students, parents, teachers, and the 
     community; and
       ``(F) civic education and other programs designed to 
     enhance responsible citizenship and understanding of the 
     political process;
       ``(5) recruit and retain qualified teachers, such as--
       ``(A) school-based management projects and activities;
       ``(B) programs designed to test efforts to increase the 
     professionalization of teachers or to bring teachers up to 
     national voluntary standards;
       ``(C) alternative routes to certification for qualified 
     individuals from business, the military, and other fields;
       ``(D) efforts to recruit and retain teachers in critical 
     shortage areas, including early childhood teachers, 
     mathematics and science teachers, and special education and 
     bilingual teachers;
       ``(E) upgrading the skills of teacher aides and 
     paraprofessionals to permit such individuals to become 
     certified teachers;
       ``(F) activities specifically designed to increase the 
     number of minority teachers in urban schools;
       ``(G) programs designed to `grow your own' teachers;
       ``(H) incentives for teachers to work in inner-city public 
     schools; and
       ``(I) collaborative activities with urban universities to 
     revise and upgrade teacher training programs; or
       ``(6) decrease the use of drugs and alcohol among urban 
     public school students and enhance the physical and emotional 
     health of such students, such as--
       ``(A) activities designed to improve the self-esteem and 
     self-worth of urban public school students;
       ``(B) the provision of health care services and other 
     social services and the coordination of such services with 
     other health care providers;
       ``(C) programs designed to improve safety and discipline 
     and reduce in-school violence, vandalism, and gang activity;
       ``(D) activities that begin in the early grades and are 
     designed to prevent drug and alcohol abuse and smoking among 
     students and teachers;
       ``(E) collaborative activities with other agencies, 
     businesses, and community groups to discourage the 
     advertisement and glorification of drugs and alcohol;
       ``(F) efforts to enhance health education and nutrition 
     education; and
       ``(G) alternative public schools, and schools-within-
     schools programs, including bilingual and special education 
     programs for public school students with special needs.
       ``(b) Special Rule.--Funds allotted under this subpart may 
     be used for the planning, development, operation, or 
     expansion of programs and activities that are designed to 
     assist urban public schools in meeting National Education 
     Goals, and may include--
       ``(1) training of teachers and other educational personnel 
     in subject areas, or in instructional technology and methods 
     that will improve the delivery of services in urban settings 
     and assist in the achievement of the National Education 
     Goals, including staff development efforts that emphasize 
     multicultural and gender and disability bias-free curricula;
       ``(2) coordination and collaboration with other municipal 
     agencies, child care organizations, universities, or the 
     private sector;
       ``(3) parental involvement and outreach efforts and other 
     activities designed to enhance parental encouragement of 
     student learning;
       ``(4) guidance and psychological counseling, social work, 
     and other support services that contribute to progress in 
     achieving National Education Goals;
       ``(5) efforts to acquire and improve access to educational 
     technology;
       ``(6) programs to serve homeless children, children in 
     desegregation programs, immigrants, migrants, or other highly 
     mobile populations, even if such individuals do not attend a 
     public school assisted under this subpart; and
       ``(7) efforts to improve and strengthen the curriculum and 
     coordinate services across grade levels.
       ``(c) Priority.--Each urban eligible local educational 
     agency submitting an application shall give priority in 
     designing the program assisted under this subpart to 
     activities that replicate successful efforts in other urban 
     local educational agencies or expand successful programs 
     within the urban eligible local educational agency.

     ``SEC. 16125. ACCOUNTABILITY.

       ``(a) In General.--The Secretary may award an allotment 
     under this subpart to an urban eligible local educational 
     agency to enable such an agency to operate a program under 
     this subpart for a period of not more than 5 years. If an 
     urban eligible local educational agency receiving an 
     allotment under this subpart meets the accountability 
     requirements described in subsection (b) at the end of the 5-
     year period, and the requirements described in subsection (c) 
     at the end of each year, as determined by the Secretary, such 
     agency shall be eligible to continue the project with funds 
     under this subpart for an additional 3-year period.
       ``(b) Requirements To Move Toward National Education 
     Goals.--
       ``(1) Program continuation.--Except as provided in 
     paragraph (2), if after 5 years of receiving an allotment 
     under this subpart an urban eligible local educational agency 
     is able to demonstrate to the satisfaction of the Secretary 
     that such agency has increased the achievement level of urban 
     public school students in the lowest 2 quartiles in the 
     schools served by such agency and assisted under this subpart 
     as measured by the statistical indicators and other criteria 
     specified in the application in excess of the average such 
     achievement of such students in the 3-year period prior to 
     the initiation of the project, then such agency shall be 
     eligible to continue the project with funds under this title 
     for an additional 5-year period upon reapplication under 
     section 16122.
       ``(2) Special rule.--If after 5 years of receiving an 
     allotment under this subpart an urban eligible local 
     educational agency is able to demonstrate to the Secretary 
     that it has made significant progress in school improvement, 
     given changes in the student population or other factors 
     beyond such agency's control, then such agency shall be 
     considered to have met the requirements of paragraph (1) so 
     long as the achievement level of the schools served by such 
     agency and assisted under this subpart did not decline over 
     the 5-year period.
       ``(c) Collection of Data.--Each urban eligible local 
     educational agency, community-based organization, university, 
     or nonprofit partnership receiving an allotment under this 
     subpart shall annually collect and submit to the Secretary 
     data based on the statistical indicators and other criteria 
     described in the application submitted by such urban eligible 
     local educational agency for the purposes of monitoring 
     progress in achieving National Education Goals. Such data 
     shall include multiple measures or indicators of each 
     variable, and may take into consideration the mobility of 
     students in the schools served under this subpart.

     ``SEC. 16126. INCENTIVE AWARDS TO EXEMPLARY PROGRAMS.

       ``From amounts reserved pursuant to section 16121(a) or 
     otherwise made available, the Secretary is authorized to make 
     competitive awards to individual public schools participating 
     in a program assisted under this subpart that demonstrate to 
     the satisfaction of the Secretary success in at least 3 of 
     the following areas:
       ``(1) Unusual or exemplary progress in achieving the 
     National Education Goals through programs described in 
     section 16124.
       ``(2) Exemplary or unusually effective collaborative 
     arrangements between public schools, community-based 
     organizations, agencies, parent groups, colleges and 
     businesses.
       ``(3) Identification, review, and removal of potential 
     barriers to student performance in achieving National 
     Education Goals, including a decrease in suspensions, 
     expulsions, in-grade retentions, and ability groupings, and 
     lack of access to course offerings in pre-algebra and 
     introductory algebra.
       ``(4) Substantial expansion of the hours that public 
     schools remain open for community use or student after-school 
     recreation.

     ``SEC. 16127. SPECIAL RULES.

       ``(a) Ranking of Schools To Determine Relative Need.--
       ``(1) In general.--In order to determine which public 
     schools are most in need of services, each urban eligible 
     local educational agency desiring to receive an allotment 
     under this subpart shall separately rank all public 
     elementary and secondary schools under the jurisdiction of 
     such agency on the basis of--
       ``(A) low achievement;
       ``(B) high poverty; and
       ``(C) racial isolation.
       ``(2) Percentage of schools to be served.--Each urban 
     eligible local educational agency that receives an allotment 
     under this subpart shall serve at least 10 percent, but not 
     more than 20 percent, of the public schools under the 
     jurisdiction of such agency.
       ``(3) Criteria for schools to be served.--Subject to 
     paragraph (2) of this subsection, each urban eligible local 
     educational agency that receives an allotment under this 
     subpart--
       ``(A) shall serve any public school that is determined to 
     be most in need with respect to all 3 rankings described in 
     paragraph (1);
       ``(B) may serve any public school that is determined to be 
     most in need with respect to any 1 or more of such rankings; 
     and
       ``(C) may serve any public school that received assistance 
     under this title in a previous fiscal year.
       ``(b) Flexibility.--Each urban eligible local educational 
     agency shall have the flexibility to serve homeless children, 
     children in schools undergoing desegregation, immigrants, 
     migrants, or other highly mobile populations within the 
     program assisted under this subpart.

                    ``Subpart 2--General Provisions

     ``SEC. 16131. WHITE HOUSE CONFERENCE ON URBAN EDUCATION.

       ``(a) Authorization To Call Conference.--
       ``(1) In general.--The President is authorized to call and 
     conduct a White House Conference on Urban Education (referred 
     to in this section as the `Conference') which shall be held 
     not earlier than November 1, 1995, and not later than October 
     30, 1996.
       ``(2) Purpose.--The purpose of the Conference shall be to--
       ``(A) develop recommendations and strategies for the 
     improvement of urban education;
       ``(B) marshal the forces of the private sector, 
     governmental agencies at all levels, parents, teachers, 
     communities, and education officials to assist urban public 
     schools in achieving National Education Goals; and
       ``(C) conduct the initial planning for a permanent national 
     advisory commission on urban education.
       ``(b) Composition of Conference.--
       ``(1) In general.--The Conference shall be comprised of 12 
     individuals, including--
       ``(A) representatives of urban public school systems, 
     including members of the governing body of local educational 
     agencies, and school superintendents;
       ``(B) representatives of the Congress, the Department of 
     Education, and other Federal agencies;
       ``(C) State elected officials and representatives from 
     State educational agencies; and
       ``(D) individuals with special knowledge of and expertise 
     in urban education.
       ``(2) Selection.--The President shall select one-third of 
     the participants of the Conference, the Majority Leader of 
     the Senate shall select one-third of such participants, and 
     the Speaker of the House of Representatives shall select the 
     remaining one-third of such participants.
       ``(3) Representation.--In selecting the participants of the 
     Conference, the President, the Majority Leader of the Senate, 
     and the Speaker of the House of the House of Representatives 
     shall ensure that the participants are as representative of 
     the ethnic, racial, and linguistic diversity of cities as is 
     practicable.
       ``(c) Report.--
       ``(1) In general.--Not later than 120 days following the 
     termination of the Conference, a final report of the 
     Conference, containing such findings and recommendations as 
     may be made by the Conference, shall be submitted to the 
     President. The final report shall be made public and, not 
     later than 90 days after receipt by the President, 
     transmitted to the Congress together with a statement of the 
     President containing recommendations for implementing the 
     report.
       ``(2) Publication and distribution.--The Conference is 
     authorized to publish and distribute the report described in 
     this section. Copies of the report shall be provided to the 
     Federal depository libraries and made available to local 
     urban public school leaders.

                        ``PART B--RURAL SCHOOLS

     ``SEC. 16201. SHORT TITLE.

       ``This part may be cited as the `Rural Schools of America 
     (RSA) Act of 1994'.

     ``SEC. 16202. FINDINGS.

       ``The Congress finds that--
       ``(1) the ability of America's rural public school systems 
     to meet the National Education Goals will contribute to the 
     economic competitiveness and academic standing of the Nation 
     in the world community;
       ``(2) the quality of public education in the rural areas of 
     the Nation has a direct effect on the economic development of 
     the rural communities of the Nation;
       ``(3) the success of rural public schools in boosting the 
     achievement of minority youth attending such schools will 
     determine the ability of the Nation to close the gap between 
     the haves and the have-nots in society;
       ``(4) the cost to America's businesses to provide remedial 
     education to secondary public school graduates is 
     approximately $21,000,000,000 per year;
       ``(5) rural public schools enroll a disproportionately 
     large share of the Nation's poor and at-risk youth;
       ``(6) approximately 60 percent of the Nation's public 
     school districts are rural with a population of less than 
     2,500;
       ``(7) approximately one out of every four of America's 
     rural children are living below the poverty line;
       ``(8) the academic performance of students in the average 
     rural public school system is below that of students in most 
     suburban school systems;
       ``(9) rural preschoolers have less access to early 
     childhood development programs than other children;
       ``(10) shortages of teachers for rural public school 
     systems is greater than in other kinds of school systems;
       ``(11) a declining number of rural public secondary school 
     graduates are pursuing postsecondary education opportunities;
       ``(12) the average age of rural public school buildings is 
     more than 45 years old and such buildings are often in 
     serious disrepair, creating poor and demoralizing working and 
     learning conditions;
       ``(13) solving the challenges facing the Nation's rural 
     public schools will require the concerted and collaborative 
     efforts of all levels of government and all sectors of the 
     community;
       ``(14) Federal and State funding of rural public schools 
     has not adequately reflected need; and
       ``(15) Federal funding that is well-targeted, flexible, and 
     accountable would contribute significantly to addressing the 
     comprehensive needs of rural public schools.

     ``SEC. 16203. PURPOSE.

       ``It is the purpose of this part to provide financial 
     assistance to rural public schools most in need, to encourage 
     the comprehensive restructuring of America's rural schools, 
     the appropriate use of telecommunications technologies for 
     learning, and to support innovative programs which improve 
     performance through programs and projects designed to--
       ``(1) assist rural public schools in meeting National 
     Education Goals;
       ``(2) encourage rural public schools to engage in school 
     reform;
       ``(3) develop pilot projects that experiment with 
     innovative ways to teach rural public school children more 
     effectively;
       ``(4) improve the educational and social well-being of 
     rural public school children;
       ``(5) close the achievement gap between children attending 
     rural public schools and other children, while improving the 
     achievement level of all children nationally;
       ``(6) conduct coordinated research on rural education 
     problems, solutions, promising practices, and distance 
     learning technologies;
       ``(7) improve the Nation's global economic and educational 
     competitiveness by improving the Nation's rural public 
     schools;
       ``(8) encourage community, parental, and business 
     collaboration in the improvement of rural public schools;
       ``(9) encourage rural school consortia for the purpose of 
     increasing efficiency and course offerings;
       ``(10) encourage a positive role for rural public schools 
     in local rural entrepreneurship and the identification of 
     rural community economic development opportunities;
       ``(11) encourage community-as-school concepts, which 
     include the role public schools can play to assist with rural 
     community economic revitalization; and
       ``(12) provide meaningful inservice opportunities for rural 
     public school teachers.

                 ``Subpart 1--Rural School Improvement

     ``SEC. 16221. ALLOTMENT OF FUNDS.

       ``(a) Reservation.--From the amount appropriated or 
     otherwise made available to carry out this subpart for any 
     fiscal year after the first fiscal year in which the 
     Secretary awards allotments to State educational agencies 
     under this subpart, the Secretary shall reserve 5 percent of 
     such funds to provide incentive awards in accordance with 
     section 16226.
       ``(b) Allotments.--
       ``(1) Federal allotment.--From the remainder of the funds 
     not reserved under subsection (a), the Secretary shall allot 
     to each State educational agency with an approved application 
     in each fiscal year an amount which bears the same 
     relationship to such funds as the amount all rural eligible 
     local educational agencies with approved applications in the 
     State were allocated under section 1123 (or for fiscal year 
     1995 only, such section's predecessor authority) in the 
     preceding fiscal year bears to the total amount received 
     under such section (or predecessor authority) in such 
     preceding fiscal year by all rural eligible local educational 
     agencies with approved applications in all States.
       ``(2) State allotment.--
       ``(A) Reservation for administrative expenses.--From 
     amounts received pursuant to paragraph (1), each State 
     educational agency may reserve not more than 1 percent of 
     such amount for administrative expenses.
       ``(B) Reservation for community-based organizations and 
     nonprofit partnerships.--From amounts received under 
     paragraph (1) for any fiscal year, each State educational 
     agency shall reserve not more than 5 percent to make as many 
     grants as practicable for activities in accordance with the 
     National Education Goals and described in section 16224 to--
       ``(i) community-based organizations; or
       ``(ii) nonprofit partnerships among rural eligible local 
     educational agencies, local colleges or universities, private 
     sector businesses, or any combination thereof, that enter 
     into a written agreement with at least one rural eligible 
     local educational agency.
       ``(C) Formula.--From the remainder of amounts received 
     pursuant to paragraph (1) and not reserved pursuant to 
     subparagraphs (A) and (B) in each fiscal year, each State 
     educational agency shall allot to each rural eligible local 
     educational agency with an approved application an amount 
     which bears the same relationship to such funds as the amount 
     such rural eligible local educational agency was allocated 
     under section 1123 (or for fiscal year 1995 only, such 
     section's predecessor authority) in the preceding fiscal year 
     bears to the total amount received under such section (or 
     predecessor authority) in such preceding fiscal year by all 
     rural eligible local educational agencies with approved 
     applications in the State.
       ``(D) Administrative costs.--Not more than 5 percent of any 
     rural eligible local educational agency's allotment under 
     this subsection may be used for administrative costs.
       ``(c) Reallotment.--Any amounts available for reallotment 
     pursuant to subsections (a) and (b) shall be reallotted in 
     the same manner as the original allotments were made.

     ``SEC. 16222. APPLICATION.

       ``(a) State Application.--
       ``(1) In general.--Each State educational agency desiring 
     to receive an allotment in any fiscal year to carry out the 
     provisions of this subpart shall submit an application to the 
     Secretary at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       ``(2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       ``(A) describe the State's approach to improving education 
     in rural public schools;
       ``(B) contain such information as the Secretary may 
     reasonably require in order to make the allotment described 
     in section 16221(b)(1); and
       ``(C) contain such other information or assurances as the 
     Secretary determines necessary to ensure compliance with this 
     subpart.
       ``(b) Local Application.--
       ``(1) In general.--Any rural eligible local educational 
     agency desiring to receive an allotment to carry out this 
     subpart, shall submit an application to the State educational 
     agency at such time, in such manner, and accompanied by such 
     information as the State educational agency may reasonably 
     require.
       ``(2) Contents of local educational agency application.--
     Each application submitted by a rural eligible local 
     educational agency pursuant to paragraph (1) shall include a 
     description of--
       ``(A) the community served by the rural eligible local 
     educational agency and the effects of the community on the 
     educational conditions within the public schools served by 
     the rural eligible local educational agency;
       ``(B) the academic and other goals selected by the rural 
     eligible local educational agency and their relationship to 
     the standards set for all students under the Goals 2000: 
     Educate America Act or title I of this Act;
       ``(C) how funds received under this subpart will be used to 
     meet the National Educational Goals selected by the rural 
     eligible local educational agency;
       ``(D) how promising or successful models or programs will 
     be replicated in designing activities assisted under this 
     subpart;
       ``(E) which federally funded programs and activities are 
     being expanded under this subpart; and
       ``(F) the statistical indicators and other criteria that 
     the rural eligible local educational agency will use to 
     measure progress toward meeting National Education Goals.
       ``(3) Duration.--Except as provided in section 16225, the 
     application described in paragraph (1) may be for a period of 
     not more than 5 years.
       ``(c) Community-Based Organizations and Nonprofit 
     Partnerships.--Any community-based organization or nonprofit 
     partnership described in section 16221(b)(2)(B) desiring to 
     receive a grant from a State educational agency pursuant to 
     such section shall--
       ``(1) prepare and submit an application to the State 
     educational agency;
       ``(2) describe in the application the collaborative efforts 
     undertaken with a rural eligible local educational agency in 
     designing a program to meet the purposes of this part; and
       ``(3) describe in the application how funds will be used to 
     help meet the education goals selected by a rural eligible 
     local educational agency pursuant to subsection (b) of this 
     section.

     ``SEC. 16223. PLANNING PERIOD.

       ``Any rural eligible local educational agency requiring 
     additional planning efforts to meet the requirements of this 
     subpart may use the first 3 months of the initial program 
     year for planning purposes, subject to approval by the State 
     educational agency, except that not more than 10 percent of 
     the first year's allotment shall be used for such purposes. A 
     written report of the results of the plan shall be submitted 
     to the State educational agency.

     ``SEC. 16224. USES OF FUNDS.

       ``(a) In General.--Funds allotted under section 16221(b)(2) 
     shall be used by rural eligible local educational agencies, 
     or community-based organizations or nonprofit partnerships 
     described in section 16221(b)(2)(B), to meet National 
     Education Goals through programs designed to--
       ``(1) increase the academic achievement of rural public 
     school children to at least the national average, including 
     education reform initiatives, such as--
       ``(A) effective public schools programs;
       ``(B) tutoring, mentoring, and other activities to improve 
     academic achievement directly;
       ``(C) supplementary academic instruction;
       ``(D) efforts to improve problem-solving and higher-order 
     critical thinking skills;
       ``(E) programs to increase student motivation for learning;
       ``(F) efforts to lengthen the school day, school year, or 
     reduce class sizes; and
       ``(G) encouraging the establishment of rural school 
     consortia to increase efficiency and course offerings;
       ``(2) ensure the readiness of all rural children for 
     school, such as--
       ``(A) full workday, full calendar-year comprehensive early 
     childhood development programs;
       ``(B) parenting classes, including parenting classes for 
     teenage parents, and parent involvement activities;
       ``(C) activities designed to coordinate prekindergarten and 
     child care programs;
       ``(D) efforts to integrate developmentally appropriate 
     prekindergarten services into the overall public school 
     program;
       ``(E) improving the skills of early childhood education 
     staff and standards for programs;
       ``(F) collaborative efforts with health and social service 
     agencies to provide comprehensive services and to facilitate 
     the transition from home to school;
       ``(G) establishment of comprehensive child care centers in 
     public secondary schools for student-parents and their 
     children; and
       ``(H) augmenting early childhood development programs to 
     meet the special educational and cultural needs of limited-
     English proficient and migrant preschool children;
       ``(3) increase the graduation rates of rural public school 
     students to at least the national average, when funds are 
     used to serve secondary schools, such as--
       ``(A) dropout prevention activities and support services 
     for students at-risk of dropping out of school;
       ``(B) reentry, outreach and support activities to recruit 
     students who have dropped out of school to return to school;
       ``(C) development of systemwide policies and practices that 
     encourage students to stay in school;
       ``(D) efforts to provide individualized student support;
       ``(E) collaborative activities between schools, parents, 
     community groups, agencies, and institutions of higher 
     education aimed at preventing individuals from dropping out 
     of school;
       ``(F) programs to increase student attendance; and
       ``(G) alternative programs for students, especially 
     bilingual, special education, and migrant students, who have 
     dropped out of school or are at risk of dropping out of 
     school;
       ``(4) prepare rural public school students to enter higher 
     education, pursue careers, and exercise their 
     responsibilities as citizens, such as--
       ``(A) activities designed to increase the number and 
     percentages of students, enrolling in postsecondary 
     educational institutions after graduation from secondary 
     schools;
       ``(B) in-school youth employment, vocational education, and 
     career education programs that improve the transition from 
     school to work;
       ``(C) activities designed in collaboration with colleges 
     and universities to assist rural public school graduates in 
     completing higher education;
       ``(D) activities designed in conjunction with community 
     colleges to provide a kindergarten through grade 14 
     experience for rural public school secondary school students;
       ``(E) efforts to increase voter registration among eligible 
     public secondary school students attending schools served by 
     rural eligible local educational agencies;
       ``(F) activities designed to promote community service and 
     volunteerism among students, parents, teachers, and the 
     community;
       ``(G) civic education, law-related education, and other 
     programs designed to enhance responsible citizenship and 
     understanding of the political process; and
       ``(H) encouraging a positive role for rural public schools 
     in local rural entrepreneurship and the identification of 
     rural community economic development opportunities;
       ``(5) recruit and retain qualified teachers, such as--
       ``(A) school-based management projects and activities;
       ``(B) programs designed to increase the status of the 
     teaching profession;
       ``(C) alternative routes to certification for qualified 
     individuals from business, the military, and other fields;
       ``(D) efforts to recruit and retain teachers in critical 
     shortage areas, including early childhood teachers, 
     mathematics and science teachers, foreign language teachers, 
     and special education and bilingual teachers;
       ``(E) upgrading the skills of existing classroom teachers 
     through the use of year-round, systematic, comprehensive 
     inservice training programs;
       ``(F) upgrading the skills of teacher aides and 
     paraprofessionals to assist such individuals in becoming 
     certified teachers;
       ``(G) efforts specifically designed to increase the number 
     of minority teachers in rural public schools;
       ``(H) programs designed to encourage parents and students 
     to enter the teaching profession;
       ``(I) incentives for teachers to work in rural public 
     schools;
       ``(J) collaborative activities with colleges and 
     universities to revise and upgrade teacher training programs 
     to meet the needs of rural public school students; and
       ``(K) training activities for the purpose of incorporating 
     distance learning technologies; or
       ``(6) decrease the use of drugs and alcohol among rural 
     public school students, and to enhance the physical and 
     emotional health of such students, such as--
       ``(A) activities designed to improve the self-esteem and 
     self-worth of rural students;
       ``(B) the provision of health care services and other 
     social services and the coordination of such services with 
     other health care providers;
       ``(C) programs designed to improve safety and discipline 
     and reduce in-school violence and vandalism;
       ``(D) activities that begin in the early grades and are 
     designed to prevent drug and alcohol abuse and smoking among 
     students;
       ``(E) collaborative activities with other agencies, 
     businesses, and community groups;
       ``(F) efforts to enhance health education and nutrition 
     education; and
       ``(G) alternative public schools, and schools-within-
     schools programs, including bilingual, migrant, and special 
     education programs for students with special needs.
       ``(b) Special Rule.--Funds allotted under section 
     16221(b)(2) may be used by rural eligible local educational 
     agencies, or community-based organizations or nonprofit 
     partnerships, described in section 16221(b)(2)(B), for the 
     planning, development, operation, or expansion of programs 
     and activities that are designed to assist rural public 
     schools in meeting National Education Goals, and may 
     include--
       ``(1) training of teachers and other educational personnel 
     in subject areas, or instructional technology and methods, 
     that will improve the delivery of services in rural settings 
     in any of the National Education Goal areas, including staff 
     development efforts which emphasize multicultural, gender, 
     and disability bias-free curricula;
       ``(2) coordination and collaboration with other rural 
     agencies, including State rural development councils, child 
     care organizations, universities, or the private sector;
       ``(3) parental involvement and outreach efforts and other 
     activities designed to enhance parental encouragement of 
     student learning;
       ``(4) guidance counseling, psychological, social work, and 
     other support services that contribute to progress in 
     achieving National Education Goals;
       ``(5) efforts to acquire and improve access to educational 
     technology, including distance learning technologies;
       ``(6) programs to serve homeless children, children in 
     schools undergoing desegregation, immigrants, migrants, or 
     other highly mobile populations, even if such individuals do 
     not attend a rural public school assisted under this subpart;
       ``(7) efforts to improve, reform and strengthen the 
     curriculum, especially efforts to enhance critical thinking 
     skills among rural students, and efforts to coordinate 
     services across grade levels; and
       ``(8) other activities designed to assist in achieving the 
     National Education Goals.
       ``(c) Priority.--Each eligible rural local educational 
     agency submitting an application under this section shall 
     give priority in designing the program assisted under this 
     subpart to activities that replicate successful efforts in 
     other local educational agencies or expand successful 
     programs within the rural eligible local educational agency.

     ``SEC. 16225. ACCOUNTABILITY.

       ``(a) In General.--The State educational agency may award 
     an allotment under this subpart to a rural eligible local 
     educational agency to enable such an agency to operate a 
     program under this subpart for a period of not more than 5 
     years. If a rural eligible local educational agency receiving 
     an allotment under this subpart meets the accountability 
     requirements described in subsection (b) at the end of 5 
     years and the requirements described in subsection (c) at the 
     end of each year, as determined by the State educational 
     agency, such local educational agency shall be eligible to 
     continue the project with funds under this subpart for an 
     additional 3 years if such local educational agency so 
     desires.
       ``(b) Requirements To Move Toward National Education 
     Goals.--
       ``(1) Program continuation.--If, after 5 years of receiving 
     an allotment under this subpart, a rural eligible local 
     educational agency is able to demonstrate to the satisfaction 
     of the State educational agency that such rural eligible 
     local educational agency has increased the achievement within 
     the lowest 2 quartiles of students in rural public schools 
     assisted under this subpart as measured by the statistical 
     indicators and other criteria specified in the application in 
     comparison to the year prior to the initiation of the 
     project, then such agency shall be eligible to continue the 
     project with funds under this subpart for an additional 5 
     years upon reapplication under section 16222.
       ``(2) Special rule.--If, after 5 years of receiving an 
     allotment under this subpart, a rural eligible local 
     educational agency is able to demonstrate to the Secretary 
     that it has made significant progress in school improvement, 
     given changes in the student population or other factors 
     beyond such agency's control, then such agency shall be 
     deemed to have met the requirements of paragraph (1) so long 
     as the average achievement level of the public schools 
     assisted under this subpart did not decline over the previous 
     5-year period.
       ``(c) Collection of Data and Certification.--
       ``(1) In general.--Each rural eligible local educational 
     agency, community-based organizations or nonprofit 
     partnerships described in section 16221(b)(2)(B), receiving 
     assistance under this subpart shall annually collect and 
     submit to the State educational agency data based on the 
     statistical indicators and other criteria described in the 
     application submitted by such rural eligible local 
     educational agency for the purposes of monitoring progress in 
     achieving the National Education Goals in accordance with 
     paragraph (2). Such data shall include multiple measures or 
     indicators of each variable, and may take into consideration 
     the mobility of students in the public schools served under 
     this subpart or other special factors.
       ``(2) Certification.--Each rural eligible local educational 
     agency receiving an allotment pursuant to section 16221(b)(2) 
     shall annually certify to the State educational agency that 
     such rural eligible local educational agency has--
       ``(A) complied with the provisions of this subsection; and
       ``(B) made progress toward meeting National Education Goals 
     and the goals described in section 16222(b)(2)(D).

     ``SEC. 16226. INCENTIVE AWARDS TO EXEMPLARY PROGRAMS.

       ``From amounts reserved pursuant to section 16221(a) or 
     otherwise made available, the Secretary is authorized to make 
     competitive awards to rural eligible local educational 
     agencies to enable such agencies to provide assistance to 
     individual schools participating in a program assisted under 
     this subpart that demonstrate to the satisfaction of the 
     Secretary at least 3 of the following:
       ``(1) Unusual or exemplary progress in achieving the 
     National Education Goals through programs described in 
     section 16224.
       ``(2) Exemplary or unusually effective collaborative 
     arrangements between the schools, community-based 
     organizations, agencies, parent groups, colleges, and 
     businesses.
       ``(3) Identification, review and removal of potential 
     barriers to student performance in the National Education 
     Goal areas, such as suspensions and expulsions, in-grade 
     retentions, ability grouping, lack of access to course 
     offerings, and other such barriers.

                    ``Subpart 2--General Provisions

     ``SEC. 16231. WHITE HOUSE CONFERENCE ON RURAL EDUCATION.

       ``(a) Authorization To Call Conference.--
       ``(1) In general.--The President is authorized to call and 
     conduct a White House Conference on Rural Education (referred 
     to in this section as the `Conference').
       ``(2) Date.--The Conference described in paragraph (1) 
     shall be held not earlier than November 1, 1995, and not 
     later than October 30, 1996.
       ``(3) Purpose.--The purposes of the Conference shall be 
     to--
       ``(A) develop recommendations and strategies for the 
     improvement of rural public education;
       ``(B) marshal the forces of the private sector, 
     governmental agencies at all levels, parents, teachers, 
     communities, and education officials to assist rural public 
     schools in achieving National Education Goals, and make 
     recommendations on the roles rural public schools can play to 
     assist with local rural community economic revitalization; 
     and
       ``(C) conduct the initial planning for a permanent national 
     commission on rural public education.
       ``(b) Composition of Conference.--
       ``(1) In general.--The Conference shall be comprised of--
       ``(A) representatives of eligible public school systems, 
     including members of the governing body of local educational 
     agencies, school superintendents, and classroom teachers;
       ``(B) representatives of the Congress, the Department of 
     Education, and other Federal agencies;
       ``(C) State elected officials and representatives from 
     State educational agencies;
       ``(D) individuals with special knowledge of, and expertise 
     in, rural education, including individuals involved with 
     rural postsecondary education; and
       ``(E) individuals with special knowledge of, and expertise 
     in, rural business.
       ``(2) Selection.--The President shall select one-third of 
     the participants of the Conference, the Majority Leader of 
     the Senate shall select one-third of such participants, and 
     the Speaker of the House of Representatives shall select the 
     remaining one-third of such participants.
       ``(3) Representation.--In selecting the participants of the 
     Conference, the President, the Majority Leader of the Senate, 
     and the Speaker of the House of Representatives shall ensure 
     that the participants are as representative of the ethnic, 
     racial, and language diversity of rural areas as is 
     practicable.
       ``(c) Report.--
       ``(1) In general.--Not later than 120 days following the 
     termination of the Conference, a final report of the 
     Conference, containing such findings and recommendations as 
     may be made by the Conference, shall be submitted to the 
     President. The final report shall be made public and, not 
     later than 90 days after receipt by the President, 
     transmitted to the Congress together with a statement of the 
     President containing recommendations for implementing the 
     report.
       ``(2) Publication and distribution.--The Conference is 
     authorized to publish and distribute the report described in 
     this section. Copies of the report shall be provided to the 
     Federal depository libraries and made available to local 
     rural school leaders and teachers.

               ``PART C--AUTHORIZATION OF APPROPRIATIONS

     ``SEC. 16301. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     $50,000,000 for fiscal year 1995, and such sums as may be 
     necessary for each of the 4 succeeding fiscal years, to carry 
     out this title, of which--
       ``(1) 50 percent shall be made available to carry out part 
     A; and
       ``(2) 50 percent shall be made available to carry out part 
     B.
       ``(b) Federal Funds To Supplement Not Supplant Non-Federal 
     Funds.--An eligible local educational agency may use funds 
     received under this title only to supplement and, to the 
     extent practicable, increase the level of funds that would, 
     in the absence of such Federal funds, be made available from 
     non-Federal sources for the education of students 
     participating in activities assisted under this title, and in 
     no such case may such funds be used to supplant funds from 
     non-Federal sources.''
      TITLE II--AMENDMENTS TO THE GENERAL EDUCATION PROVISIONS ACT

     PART A--APPLICABILITY OF THE GENERAL EDUCATION PROVISIONS ACT

     SEC. 211. TITLE; APPLICABILITY; DEFINITIONS.

       Section 400 of the General Education Provisions Act (20 
     U.S.C. 1221 et seq.) (hereafter in this title (other than 
     part G) referred to as the ``Act'') is amended to read as 
     follows:


               ``short title; applicability; definitions

       ``Sec. 400. (a) This title may be cited as the `General 
     Education Provisions Act'.
       ``(b)(1) Except as otherwise provided, this title applies 
     to each applicable program of the Department of Education.
       ``(2) Except as otherwise provided, this title does not 
     apply to any contract made by the Department of Education.
       ``(c) As used in this title, the following terms have the 
     following meanings:
       ``(1) The term `applicable program' means any program for 
     which the Secretary or the Department has administrative 
     responsibility as provided by law or by delegation of 
     authority pursuant to law. The term includes each program for 
     which the Secretary or the Department has administrative 
     responsibility under the Department of Education Organization 
     Act or under Federal law effective after the effective date 
     of that Act.
       ``(2) The term `applicable statute' means--
       ``(A) the Act or the title, part, section, or any other 
     subdivision of an Act, as the case may be, that authorizes 
     the appropriation for an applicable program;
       ``(B) this title; and
       ``(C) any other statute that by its terms expressly 
     controls the administration of an applicable program.
       ``(3) The term `Department' means the Department of 
     Education.
       ``(4) The term `Secretary' means the Secretary of 
     Education.
       ``(d) Nothing in this title shall be construed to affect 
     the applicability of title VI of the Civil Rights Act of 
     1964, title IX of the Education Amendments of 1972, title V 
     of the Rehabilitation Act of 1973, the Age Discrimination 
     Act, or other statutes prohibiting discrimination, to any 
     applicable program.''.

     SEC. 212. REPEAL.

       Section 400A of the Act (20 U.S.C. 1221-3) is repealed.

                  PART B--THE DEPARTMENT OF EDUCATION

     SEC. 221. NEW HEADING FOR PART A.

       The heading for part A of the Act is amended to read as 
     follows:

         ``Part A--Functions of the Department of Education''.

     SEC. 222. GENERAL AUTHORITY OF THE SECRETARY.

       Section 408 of the Act (20 U.S.C. 1221e-3) is amended to 
     read as follows:


                  ``general authority of the secretary

       ``Sec. 408. The Secretary, in order to carry out functions 
     otherwise vested in the Secretary by law or by delegation of 
     authority pursuant to law, and subject to limitations as may 
     be otherwise imposed by law, is authorized to make, 
     promulgate, issue, rescind, and amend rules and regulations 
     governing the manner of operation of, and governing the 
     applicable programs administered by, the Department.''.

     SEC. 223. REPEALS.

       Sections 401, 402, 403 (20 U.S.C. 1221c), 406 (20 U.S.C. 
     1221e-1), 406A (20 U.S.C. 1221e-1a), 406B (20 U.S.C. 1221e-
     1b), 406C (20 U.S.C. 1221e-1c), and 407 (20 U.S.C. 1221e-2) 
     of the Act are repealed.

                 PART C--APPROPRIATIONS AND EVALUATIONS

     SEC. 231. AVAILABILITY OF APPROPRIATIONS.

       (a) Amendment to Heading.--The heading for section 412 of 
     the Act (20 U.S.C. 1225) is amended to read as follows:


  ``availability of appropriations on academic or school-year basis; 
              additional period for obligation of funds''.

       (b) Amendment to Text.--Section 412 of the Act (20 U.S.C. 
     1225) is further amended--
       (1) in subsection (a)--
       (A) by striking ``to educational agencies or 
     institutions'';
       (B) by striking ``expenditure'' and inserting 
     ``obligation''; and
       (C) by striking ``agency or institution concerned'' and 
     inserting ``recipient'';
       (2) in subsection (b)--
       (A) by amending the matter preceding paragraph (2) to read 
     as follows:
       ``(b)(1)(A) Notwithstanding any other provision of law, 
     unless enacted in express limitation of this subsection, any 
     funds from appropriations to carry out any applicable State 
     formula grant program that are not obligated by a recipient 
     by the end of the fiscal year for which such funds were 
     appropriated shall remain available for obligation by such 
     recipient during the succeeding fiscal year.
       ``(B) As used in this subsection, the term `applicable 
     State formula grant program' means an applicable program the 
     authorizing statute or implementing regulations of which 
     provide a formula for allocating program funds among eligible 
     States.''; and
       (B) in paragraph (2)--
       (i) in the matter preceding subparagraph (A)--

       (I) by striking ``applicable program'' and inserting 
     ``applicable State formula grant program''; and
       (II) by striking ``and expenditure'' and inserting ``and 
     expended''; and

       (ii) in subparagraph (B), by striking ``such educational 
     agencies or institutions'' and inserting ``the recipients of 
     such funds''; and
       (3) by striking subsection (c).

     SEC. 232. CONTINGENT EXTENSION OF PROGRAMS.

       Section 414 of the Act (20 U.S.C. 1226a) is amended to read 
     as follows:


                   ``contingent extension of programs

       ``Sec. 414. (a) The authorization of appropriations for, or 
     duration of, an applicable program shall be automatically 
     extended for two additional fiscal years unless the Congress, 
     in the regular session that ends prior to the terminal fiscal 
     year of such authorization or duration has passed legislation 
     that becomes law and extends, or has rejected legislation 
     that would have extended, the authorization or duration of 
     such program.
       ``(b) The amount authorized to be appropriated for the 
     period of automatic extension under subsection (a) of an 
     applicable program shall be the amount authorized to be 
     appropriated for such program for the terminal fiscal year of 
     the applicable program.
       ``(c) If the Secretary is required, in the terminal fiscal 
     year of an applicable program, to carry out certain acts or 
     make certain determinations that are necessary for the 
     continuation of such program, such acts or determinations 
     shall be required to be carried out or made during the period 
     of automatic extension under subsection (a).''.

     SEC. 233. BIENNIAL EVALUATION REPORT.

       Section 417 of the Act (20 U.S.C. 1226c) is amended to read 
     as follows:


                      ``biennial evaluation report

       ``Sec. 417. Not later than March 31, 1995, and every 2 
     years thereafter, the Secretary shall transmit to the 
     Committee on Education and Labor of the House of 
     Representatives and the Committee on Labor and Human 
     Resources of the Senate an evaluation report on the 
     effectiveness of applicable programs in achieving their 
     legislated intent and purposes during the 2 preceding fiscal 
     years. Such report shall--
       ``(1) contain program profiles that include legislative 
     citations, multiyear funding histories, and legislated 
     purposes;
       ``(2) contain recent information on the progress being made 
     toward the achievement of program objectives, including 
     listings of program performance indicators, data from 
     performance measurement based on the indicators, and 
     information on the costs and benefits of the applicable 
     programs being evaluated;
       ``(3) address significant program activities, such as 
     initiatives for program improvement, regulations, and program 
     monitoring and evaluation;
       ``(4) list the principal analyses and studies supporting 
     the major conclusions in the report;
       ``(5) include available data to indicate the effectiveness 
     of the programs and projects by the race, sex, disability and 
     age of the beneficiaries of such programs and projects; and
       ``(6) include the results of the program evaluations 
     conducted in accordance with section 10107 of the Elementary 
     and Secondary Education Act of 1965.''.

     SEC. 234. TECHNICAL AMENDMENTS.

       (a) Payments.--Section 415 of the Act (20 U.S.C. 1226a-1) 
     is amended by striking ``Commissioner'' and inserting 
     ``Secretary''.
       (b) Program Planning and Evaluation.--Section 420 of the 
     Act (20 U.S.C. 1228) is amended--
       (1) by striking ``title I of'' and all that follows through 
     ``Congress)'' and inserting ``title IX of the Elementary and 
     Secondary Education Act of 1965''; and
       (2) by striking ``subparagraph (C) of section 3(d)(2) or 
     section 403(1)(C) of that Act'' and inserting ``subsections 
     (d) and (g) of section 9004 of such Act or residing on 
     property described in section 9014(10) of such Act''.

     SEC. 235. REPEALS.

       Sections 411 (20 U.S.C. 1223), 413 (20 U.S.C. 1226), 416 
     (20 U.S.C. 1226b), and 419 (20 U.S.C. 1227) of the Act are 
     repealed.

              PART D--ADMINISTRATION OF EDUCATION PROGRAMS

     SEC. 241. JOINT FUNDING OF PROGRAMS.

       Section 421A of the Act (20 U.S.C. 1231) is amended to read 
     as follows:


                      ``joint funding of programs

       ``Sec. 421A. (a)(1) The Secretary is authorized to enter 
     into arrangements with other Federal agencies to jointly 
     carry out projects of common interest, to transfer to such 
     agencies funds appropriated under any applicable program, and 
     to receive and use funds from such agencies, for projects of 
     common interest.
       ``(2) Funds transferred or received pursuant to paragraph 
     (1) shall be used only in accordance with the Federal law 
     authorizing the appropriation of such funds and the Federal 
     law appropriating such funds, and shall be made available 
     only to parties eligible to receive such funds under such 
     law.
       ``(3) If the Secretary enters into a agreement under this 
     subsection for the administration of a project, the agency 
     administering the project shall use such agency's procedures 
     to select recipients of funds under such project and to 
     administer the awards, unless the parties to the agreement 
     specify the use of procedures of another agency that is a 
     party to the agreement.
       ``(4) If the Secretary has entered into an agreement 
     authorized under this subsection and the Secretary and the 
     heads of the other agencies participating in the agreement 
     determine that joint funding is necessary to address a 
     special need consistent with the purposes and authorized 
     activities of each program that provides funding under the 
     joint project, the Secretary and the heads of the other 
     participating agencies may develop a single set of criteria 
     for the jointly funded project and require each applicant for 
     such project to submit a single application for review by the 
     participating agencies.
       ``(b) The Secretary may develop the criteria for, and 
     require the submission of, joint applications under two or 
     more applicable programs under which funds are awarded on a 
     competitive basis, and may jointly review and approve such 
     applications separately from other applications under such 
     programs, when the Secretary determines that such joint 
     awards are necessary to address a special need consistent 
     with the purposes and authorized activities of each such 
     program. Any applicant for such a joint award shall meet the 
     eligibility requirements of each such program.''.

     SEC. 242. COLLECTION AND DISSEMINATION OF INFORMATION.

       Section 422 of the Act (20 U.S.C. 1231a) is amended to read 
     as follows:


             ``COLLECTION AND DISSEMINATION OF INFORMATION

       ``Sec. 422. The Secretary shall--
       ``(1) prepare and disseminate to State and local 
     educational agencies and institutions information concerning 
     applicable programs, and cooperate with other Federal 
     officials who administer programs affecting education in 
     disseminating information concerning such programs;
       ``(2) inform the public regarding federally supported 
     education programs; and
       ``(3) collect data and information on applicable programs 
     for the purpose of obtaining objective measurements of the 
     effectiveness of such programs in achieving the intended 
     purposes of such programs.''.

     SEC. 243. REVIEW OF APPLICATIONS.

       Section 425 of the Act (20 U.S.C. 1231b-2) is amended--
       (1) in subsection (a)--
       (A) by striking ``Commissioner'' and inserting 
     ``Secretary'';
       (B) by striking ``and in the case of the program provided 
     for in title I of the Elementary and Secondary Education Act 
     of 1965,'';
       (C) in the third sentence, by inserting a comma after ``the 
     hearing''; and
       (D) in the fourth sentence--
       (i) by striking the comma after ``guidelines''; and
       (ii) by inserting a comma after ``program'';
       (2) in subsection (b), by striking ``Commissioner'' each 
     place such term appears and inserting ``Secretary''; and
       (3) in subsection (d)--
       (A) by striking ``Commissioner'' each place such term 
     appears and inserting ``Secretary''; and
       (B) by inserting before the period ``or issue such other 
     orders as the Secretary may deem appropriate to achieve such 
     compliance''.

     SEC. 244. USE OF FUNDS WITHHELD.

       Section 428 of the Act (20 U.S.C. 1231e) is amended to read 
     as follows:


                        ``USE OF FUNDS WITHHELD

       ``Sec. 428. (a) At any time that the Secretary makes an 
     allotment or reallotment to any State under any applicable 
     program, the Secretary shall reduce such allotment or 
     reallotment by such amount as the Secretary determines such 
     allotment or reallotment would have been reduced, had the 
     data on which the allotment or reallotment is based excluded 
     all data relating to local educational agencies of the State 
     that, on the date of the Secretary's action, are ineligible 
     to receive the Federal financial assistance involved because 
     of failure to comply with title VI of the Civil Rights Act of 
     1964, title IX of the Education Amendments of 1972, section 
     504 of the Rehabilitation Act of 1973, or the Age 
     Discrimination Act of 1975.
       ``(b) The Secretary may use any funds withheld under 
     subsection (a)--
       ``(1) to increase the allotments or reallotments of local 
     educational agencies within the State that are not described 
     in subsection (a), or the allotments or reallotment of all 
     States, in accordance with the Federal law governing the 
     program; or
       ``(2) for grants to local educational agencies of that 
     State in accordance with section 405 of the Civil Rights Act 
     of 1964, or for any other program administered by the 
     Department that is designed to enhance equity in education or 
     redress discrimination on the basis of race, color, national 
     origin, sex, age, or disability.''.

     SEC. 245. APPLICATIONS.

       Subsection (a) of section 430 of the Act (20 U.S.C. 1231g) 
     is amended by striking ``for three fiscal years'' and 
     inserting ``for more than 1 fiscal year''.

     SEC. 246. REGULATIONS.

       Section 431 of the Act (20 U.S.C. 1232) is amended to read 
     as follows:


                             ``regulations

       ``Sec. 431. (a) For the purpose of this section, the term 
     `regulation' means any generally applicable rule, regulation, 
     guideline, interpretation, or other requirement that--
       ``(1) is prescribed by the Secretary or the Department; and
       ``(2) has legally binding effect in connection with, or 
     affecting, the provision of financial assistance under any 
     applicable program.
       ``(b) Regulations issued by the Secretary or the Department 
     shall contain, immediately following each substantive 
     provision of such regulations, citations to the particular 
     section or sections of statutory law or other legal authority 
     on which such provision is based.
       ``(c) All such regulations shall be uniformly applied and 
     enforced throughout the 50 States.
       ``(d) The Secretary shall promulgate regulations in 
     accordance with chapter 5 of title 5, United States Code, 
     except that the exemption in section 553(a)(2) of such 
     chapter for public property, loans, grants, and benefits 
     shall apply only to regulations--
       ``(1) that govern a grant competition for the first year of 
     a new program; or
       ``(2) where the Secretary determines that the requirements 
     of this subsection will cause extreme hardship to the 
     intended beneficiaries of the program affected by such 
     regulations.
       ``(e)(1) Following the enactment of any Act, or any part of 
     any Act, affecting the administration of any applicable 
     program, the Secretary shall submit to the Committee on 
     Education and Labor of the House of Representatives and the 
     Committee on Labor and Human Resources of the Senate a 
     schedule in accordance with which the Secretary plans to 
     promulgate final regulations that the Secretary determines 
     are necessary to implement such Act or part of such Act. 
     Subject to paragraph (2) of this subsection, such schedule 
     shall provide that all such final regulations shall be 
     promulgated within 480 days after the date of enactment of 
     such Act or part of such Act.
       ``(2) If in developing such schedule the Secretary 
     determines in an exceptional case, for good cause, that a 
     final regulation cannot be promulgated within the period 
     specified in paragraph (1), the Secretary shall include in 
     such schedule the date by which such regulation will be 
     promulgated and the reasons for such determination.
       ``(3) Except as provided in the following sentence, all 
     such final regulations shall be promulgated in accordance 
     with such schedule. If the Secretary, for good cause, later 
     determines that the Secretary cannot comply with such 
     schedule for reasons unforeseen at the time such schedule was 
     submitted, the Secretary shall notify such committees of the 
     reasons for such finding and submit a new schedule. All such 
     final regulations shall be promulgated in accordance with 
     such new schedule.
       ``(f) Concurrently with the publication of any final 
     regulations, the Secretary shall transmit a copy of such 
     final regulations to the Speaker of the House of 
     Representatives and the President pro tempore of the 
     Senate.''.

     SEC. 247. RECORDS; REDUCTION IN RETENTION REQUIREMENTS.

       Section 437 of the Act (20 U.S.C. 1232f) is amended--
       (1) in subsection (a)--
       (A) by striking ``grant, subgrant, contract, subcontract, 
     loan, or other arrangement (other than procurement contracts 
     awarded by an administrative head of an educational agency)'' 
     and inserting ``grant, subgrant, cooperative agreement, loan 
     or other arrangement'';
       (B) by inserting ``financial or programmatic'' before 
     ``audit.''; and
       (C) by striking the last sentence; and
       (2) in subsection (b), by striking ``to any records of a 
     recipient which may be related, or pertinent to, the grants, 
     subgrants, contracts, subcontracts, loans, or other 
     arrangements'' and inserting ``to any records maintained by a 
     recipient that may be related, or pertinent to, grants, 
     subgrants, cooperative agreements, loans, or other 
     arrangements''.

     SEC. 248. TECHNICAL AMENDMENTS.

       (a) Heading for Part C.--The heading for part C of the Act 
     (20 U.S.C. 1230 et seq.) is amended by striking 
     ``Commissioner of Education'' and inserting ``Secretary''.
       (b) Section 427.--Section 427 of the Act (20 U.S.C. 1231d) 
     is amended--
       (1) by striking ``Commissioner'' and inserting 
     ``Secretary''; and
       (2) in the second sentence of the matter preceding 
     paragraph (1), by inserting ``is made'' after ``such 
     determination''.
       (c) Section 430.--Section 430 of the Act (20 U.S.C. 1231g) 
     is amended by striking ``Commissioner'' each place such term 
     appears and inserting ``Secretary''.
       (d) Section 433.--Section 433 of the Act (20 U.S.C. 1232b) 
     is amended by striking ``Except for emergency relief under 
     section 7 of the Act of September 30, 1950 (Public Law 874, 
     Eighty-first Congress), all laborers'' and inserting ``All 
     laborers''.
       (e) Section 434.--
       (1) Amendment to heading.--The heading for section 434 of 
     the Act (20 U.S.C. 1232c) is amended by striking 
     ``Educational''.
       (2) Amendment to text.--Section 434 of the Act (20 U.S.C. 
     1232c) is amended--
       (A) by striking ``Commissioner'' each place such term 
     appears and inserting ``Secretary'';
       (B) by redesignating the matter following paragraph (3) of 
     subsection (b) as subsection (c); and
       (C) in subsection (c) (as redesignated by subparagraph 
     (B)), by striking ``paragraph (3)'' and inserting 
     ``subsection (b)(3)''.
       (f) Section 435.--Section 435 of the Act (20 U.S.C. 1232d) 
     is amended--
       (1) by striking ``Commissioner'' each place such term 
     appears and inserting ``Secretary''; and
       (2) in subsection (a)--
       (A) by striking the comma after ``submits a plan'';
       (B) by striking ``, in the case of programs under chapter 1 
     and chapter 2 of title I of the Elementary and Secondary 
     Education Act of 1965,''; and
       (C) by striking ``title V of such Act'' and inserting 
     ``part A of title V of the Elementary and Secondary Education 
     Act of 1965'' before ``title V''.
       (g) Section 436.--Section 436 of the Act (20 U.S.C. 1232e) 
     is amended--
       (1) in subsection (a), by striking ``that local education 
     agency'' and inserting ``that local educational agency''; and
       (2) in subsection (b)--
       (A) in paragraph (2), by inserting a comma after 
     ``program'';
       (B) in paragraph (4), by striking ``Commissioner'' each 
     place such term appears and inserting ``Secretary''; and
       (C) in paragraph (7)(B), by striking ``handicapped 
     individuals'' and inserting ``individuals with 
     disabilities''.
       (h) Section 438.--Section 438 of the Act (20 U.S.C. 1232g) 
     is amended--
       (1) in subsection (a)(4)(B)(ii), by striking the period and 
     inserting a semicolon;
       (2) in subsection (b)--
       (A) in paragraph (1)(C), by striking ``(iii) an 
     administrative head of an education agency (as defined in 
     section 408(c)), or (iv)'' and inserting ``or (iii)'';
       (B) in paragraph (1)(H), by striking ``1954'' and inserting 
     ``1986''; and
       (C) in paragraph (3)--
       (i) by striking ``(C) an administrative head of an 
     education agency or (D)'' and inserting ``or (C)''; and
       (ii) by striking ``education program'' and inserting 
     ``education programs'';
       (3) in subsection (d), by inserting a comma after 
     ``education'';
       (4) in subsection (f)--
       (A) by striking ``, or an administrative head of an 
     education agency,'';
       (B) by striking ``enforce provisions of this section'' and 
     inserting ``enforce this section'';
       (C) by striking ``according to the provisions of'' and 
     inserting ``in accordance with''; and
       (D) by striking ``comply with the provisions of this 
     section'' and inserting ``comply with this section''; and
       (5) in subsection (g)--
       (A) by striking ``of Health, Education, and Welfare''; and
       (B) by striking ``the provisions of''.

     SEC. 249. REPEALS.

       Sections 421 (20 U.S.C. 1230), 423 (20 U.S.C. 1231b), 424 
     (20 U.S.C. 1231b-1), 426 (20 U.S.C. 1231c), 426A (20 U.S.C. 
     1231c-1), and 429 (20 U.S.C. 1231f) of the Act are repealed.

     SEC. 250. EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM 
                   BENEFICIARIES.

       Subpart 1 of part C of the Act (20 U.S.C. 1231 et seq.) is 
     further amended by inserting after section 425 the following 
     new section:


    ``EQUITY FOR STUDENTS, TEACHERS, AND OTHER PROGRAM BENEFICIARIES

       ``Sec. 426. (a) The purpose of this section is to assist 
     the Department in implementing its mission to ensure equal 
     access to education and to promote educational excellence 
     throughout the Nation, by ensuring equal opportunities to 
     participate for all eligible students, teachers and other 
     program beneficiaries in any project or activity carried out 
     under an applicable program and promoting the ability of such 
     students, teachers and beneficiaries to meet high standards.
       ``(b) The Secretary shall require each applicant for 
     assistance under an applicable program (other than an 
     individual) to develop and describe in such applicant's 
     application the steps such applicant proposes to take to 
     ensure equitable access to, and equitable participation in, 
     the project or activity to be conducted with such assistance, 
     by addressing the special needs of students, teachers, and 
     other program beneficiaries in order to overcome barriers to 
     equitable participation, including barriers based on gender, 
     race, color, national origin, disability, and age.
       ``(c) The Secretary may establish criteria and provide 
     technical assistance for meeting the requirements of this 
     section.
       ``(d) Nothing in this section shall be construed to alter 
     in any way the rights or responsibilities established under 
     the statutes cited in section 400(d) of this Act.''.

                      PART E--ADVISORY COMMITTEES

     SEC. 251. REPEAL.

       Part D of the Act (20 U.S.C. 1233 et seq.) is repealed.

                PART F--RELATED AMENDMENTS TO OTHER ACTS

     SEC. 261. DEPARTMENT OF EDUCATION ORGANIZATION ACT.

       (a) Office of Private Education.--Title II of the 
     Department of Education Organization Act (20 U.S.C. 3411 et 
     seq.) is amended by adding at the end the following new 
     section:


                     ``OFFICE OF PRIVATE EDUCATION

       ``Sec. 216. Subject to section 413, there shall be in the 
     Department an Office of Private Education to ensure the 
     maximum participation of nonpublic school students in all 
     applicable programs, as such term is defined in section 
     400(c)(1) of the General Education Provisions Act, for which 
     such children are eligible.''.
       (b) Rules; Acquisition and Maintenance of Property.--Part B 
     of title IV of the Department of Education Organization Act 
     (20 U.S.C. 3471 et seq.) is amended--
       (1) in section 414--
       (A) by striking ``(a)''; and
       (B) by striking subsection (b);
       (2) in section 421, by inserting ``and to accept donations 
     of services'' after ``personal,''; and
       (3) by repealing section 427.

                     PART G--CONFORMING AMENDMENTS

     SEC. 271. THE REHABILITATION ACT OF 1973.

       (a) Section 9.--Section 9 of the Rehabilitation Act of 1973 
     (29 U.S.C. 706) is repealed.
       (b) Section 100.--Section 100 of the Rehabilitation Act of 
     1973 (29 U.S.C. 720) is amended by striking subsection (d).
                  TITLE III--AMENDMENTS TO OTHER ACTS

 PART A--AMENDMENTS TO THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT

     SEC. 311. ALLOCATIONS UNDER SECTION 611 OF THE IDEA.

       (a) Maximum Amount.--Subsection (a) of section 611 of the 
     Individuals with Disabilities Education Act (hereafter in 
     this part referred to as the ``Act'') (20 U.S.C. 1141(a)) is 
     amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Except as provided in paragraph (5), the maximum 
     amount of the grant for which a State is entitled under this 
     section for any fiscal year is--
       ``(A) the sum of--
       ``(i) the number of children with disabilities in the 
     State, aged 6 through 21, who are receiving special education 
     and related services, as determined under paragraph (3); and
       ``(ii) if the State is eligible for a grant under section 
     619, the number of such children in the State, aged 3 through 
     5; multiplied by
       ``(B) 40 percent of the average per-pupil expenditure in 
     public elementary and secondary schools in the United 
     States.'';
       (2) by amending paragraph (2) to read as follows:
       ``(2) For the purpose of this section, the term `State' 
     means each of the 50 States, the District of Columbia, and 
     the Commonwealth of Puerto Rico.''; and
       (3) in paragraph (5)(A)--
       (A) in clause (i), by striking ``and the State'' and 
     inserting ``, or the combined percentage of such children 
     counted by the Secretary for the purpose of making fiscal 
     year 1994 allocations under this section and under subpart 2 
     of part D of chapter 1 of title I of the Elementary and 
     Secondary Education Act of 1965 (as such subpart was in 
     existence on the day preceding the date of enactment of the 
     Improving America's Schools Act of 1994), whichever is 
     greater, if the State'';
       (B) in clause (ii)--
       (i) by striking ``and the State'' and inserting ``, or the 
     combined percentage of such children counted by the Secretary 
     for the purpose of making fiscal year 1994 allocations under 
     this section and under subpart 2 of part D of chapter 1 of 
     title I of the Elementary and Secondary Education Act of 1965 
     (as such subpart was in existence on the day preceding the 
     date of enactment of the Improving America's Schools Act of 
     1994), whichever is greater, if the State''; and
       (ii) by striking ``; and'' and inserting a period; and
       (C) by striking clause (iii).
       (b) State Uses.--Subsection (b) of section 611 of the Act 
     (20 U.S.C. 1141(b)) is amended to read as follows:
       ``(b)(1) Notwithstanding subsections (a) and (g), no State 
     shall receive an amount under this section for any of the 
     fiscal years 1995 through 1999 that is less than the sum of 
     the amount such State received for fiscal year 1994 under--
       ``(A) this section; and
       ``(B) subpart 2 of part D of chapter 1 of title I of the 
     Elementary and Secondary Education Act of 1965 (as such 
     subpart was in existence on the day preceding the date of 
     enactment of the Improving America's Schools Act of 1994) for 
     children with disabilities aged 3 through 21.
       ``(2) If, for fiscal year 1998 or 1999, the number of 
     children determined under subsection (a)(3) for any State is 
     less than the total number of children with disabilities, 
     aged 3 through 21, counted for that State's fiscal year 1994 
     grants under this section and under subpart 2 of part D of 
     chapter 1 of title I of the Elementary and Secondary 
     Education Act of 1965 (as such subpart was in existence on 
     the day preceding the date of enactment of the Improving 
     America's Schools Act of 1994), then the amount determined 
     under paragraph (1) for that State shall be reduced by the 
     same percentage by which the number of those children so 
     declined.
       ``(3)(A) If the sums made available under this part for any 
     fiscal year are insufficient to pay the full amounts that all 
     States are eligible to receive under paragraphs (1) and (2) 
     for such year, the Secretary shall ratably reduce the 
     allocations to such States for such year.
       ``(B) If additional funds become available for making 
     payments under paragraphs (1) and (2) for such fiscal year, 
     allocations that were reduced under subparagraph (A) shall be 
     increased on the same basis as such allocations were 
     reduced.''.
       (c) Distribution.--Subsection (c) of section 611 of the Act 
     (20 U.S.C. 1141(c)) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Of the funds received under subsection (a) by any 
     State for any fiscal year--
       ``(A) a State may use not more than 25 percent of such 
     funds in accordance with paragraph (2); and
       ``(B) except as provided in paragraph (4), the State shall 
     distribute at least 75 percent of such funds to local 
     educational agencies and intermediate educational units, in 
     accordance with subsection (d), for use in accordance with 
     priorities established under section 612(3).''; and
       (2) in paragraph (2), by amending subparagraph (A) to read 
     as follows:
       ``(A) From the funds that any State may use under paragraph 
     (1)(A) for any fiscal year, the State--
       ``(i) may use 5 percent of the funds received under this 
     section or $450,000, whichever is greater, for administrative 
     costs related to carrying out sections 612 and 613; and
       ``(ii) shall use the remainder--

       ``(I) to provide support services and direct services, 
     subject to subparagraph (B), in accordance with priorities 
     established under section 612(3); and
       ``(II) for the administrative costs of monitoring and 
     complaint investigation, but only to the extent that such 
     costs exceed the costs of administration incurred during 
     fiscal year 1985.''.

       (d) Formula.--Subsection (d) of section 611 of the Act (20 
     U.S.C. 1141(d)) is amended to read as follows:
       ``(d)(1) From the total amount of funds available for any 
     fiscal year under subsection (c)(1)(B), the State shall 
     provide to each local educational agency or intermediate 
     educational unit an amount that bears the same ratio to such 
     total amount as the number of children, aged 3 through 21, 
     determined under subsection (a)(3) for such agency or unit 
     bears to the total number of such children determined for all 
     such agencies and units that apply for such funds.
       ``(2)(A) To the extent necessary, the State--
       ``(i) shall use funds available under subsection 
     (c)(2)(A)(ii) to ensure that each State agency that received 
     funds for fiscal year 1994 under subpart 2 of part D of 
     chapter 1 of title I of the Elementary and Secondary 
     Education Act of 1965 (as such subpart was in existence on 
     the day preceding the date of enactment of the Improving 
     America's Schools Act of 1994) receives, from the sum of such 
     funds and funds provided under paragraph (1), an amount equal 
     to--
       ``(I) the number of children, aged 6 through 21, determined 
     under subsection (a)(3) for such agency; multiplied by
       ``(II) the per-child amount provided under such subpart for 
     fiscal year 1994; and
       ``(ii) shall use such funds to ensure that each local 
     educational agency that received funds for fiscal year 1994 
     under such subpart for children who had transferred from a 
     State-operated or State-supported school or program assisted 
     under such subpart receives, from the sum of such funds and 
     funds provided under paragraph (1), an amount for each such 
     child, aged 3 through 21, determined under subsection (a)(3) 
     for such agency, equal to the per-child amount the agency 
     received under such subpart for fiscal year 1994.
       ``(B) For the purpose of subparagraph (A), the number of 
     children determined under subsection (a)(3) for any State 
     agency or local educational agency shall not exceed the 
     number of children aged 3 through 21 for whom such agency 
     received funds under such subpart for such fiscal year.''.
       (e) Jurisdictions.--Paragraph (1) of section 611(e) of the 
     Act (20 U.S.C. 1141(e)(1)) is amended to read as follows:
       ``(1) The jurisdictions to which this subsection applies 
     are Guam, American Samoa, the Virgin Islands, the 
     Commonwealth of the Northern Mariana Islands, and Palau.''.
       (f) Insufficient Appropriations.--Subsection (g) of section 
     611 of the Act (20 U.S.C. 1141(g)) is amended to read as 
     follows:
       ``(g)(1)(A) If the sums appropriated under subsection (h) 
     for any fiscal year are not sufficient to pay in full the 
     total of the amounts that all States are eligible to receive 
     under subsection (a), each such amount shall be ratably 
     reduced.
       ``(B) If additional funds become available for making such 
     payments for any fiscal year, such reduced amounts shall be 
     increased on the same basis as such payments were reduced.
       ``(C) Any State that receives any such additional funds 
     shall distribute such funds in accordance with this section, 
     except that any State that has used funds available under 
     subsection (c)(2)(A)(ii) for the purposes described in 
     subsection (d)(2) may--
       ``(i) deduct, from the amount that the State would 
     otherwise be required to make available to local educational 
     agencies and intermediate educational units, the same amount 
     of such additional funds as the State so used; and
       ``(ii) use such funds in accordance with subsection 
     (c)(2)(A)(ii).
       ``(2)(A) In any fiscal year for which payments have been 
     reduced and additional funds have not been made available 
     under paragraph (1) to pay in full the amounts for which all 
     States are eligible under this section, each State 
     educational agency shall fix dates by which each local 
     educational agency or intermediate educational unit shall 
     report to the State agency the amount of funds available to 
     such agency under this section that such agency estimates 
     such agency will expend.
       ``(B) The State educational agency shall, in accordance 
     with this section, reallocate any funds that the State 
     educational agency determines will not be used during the 
     period of availability by local educational agencies and 
     intermediate educational units, and by any such agency or 
     unit to which such funds would be available if such agency or 
     unit applied for such funds under this part, to those local 
     educational agencies and intermediate educational units that 
     the State educational agency determines will need, and be 
     able to use, additional funds to carry out approved 
     programs.''.

     SEC. 312. TREATMENT OF CHAPTER 1 STATE AGENCIES.

       Part B of the Act (20 U.S.C. 1141 et seq.) is further 
     amended by inserting after section 614 the following new 
     section:


                ``TREATMENT OF CHAPTER 1 STATE AGENCIES

       ``Sec. 614A. (a) For the purpose of making payments under 
     sections 611 and 619 of this Act, any State agency that 
     received funds for fiscal year 1994 under subpart 2 of part D 
     of chapter 1 of title I of the Elementary and Secondary 
     Education Act of 1965 (as such subpart was in existence on 
     the day preceding the date of enactment of the Improving 
     America's Schools Act of 1994) shall be treated as if the 
     State agency were a local educational agency.
       ``(b) Any State agency which desires to receive payments 
     under section 611(d) and section 619(c)(3) for any fiscal 
     year shall submit an application to the State educational 
     agency. Such application shall--
       ``(1) include an assurance that all children with 
     disabilities who are participating in programs and projects 
     funded under this part receive a free appropriate public 
     education, and that such children and their parents are 
     provided all the rights and procedural safeguards described 
     in this part; and
       ``(2) meet those requirements of section 614 that the 
     Secretary finds appropriate.
       ``(c) Section 611(c)(4) shall not apply with respect to a 
     State agency that is eligible for a payment under this part 
     by application of this section.''.

     SEC. 313. INFANTS AND TODDLERS WITH DISABILITIES.

       (a) Amendment.--Subsection (c) of section 684 of the Act 
     (20 U.S.C. 1484) is amended--
       (1) by redesignating paragraph (2) as paragraph (6);
       (2) by amending paragraph (1) to read as follows:
       ``(1) Except as provided in paragraphs (3), (4), and (5) 
     from the funds remaining for each fiscal year after the 
     reservation and payments under subsections (a) and (b), the 
     Secretary shall first allot to each State an amount that 
     bears the same ratio to the amount of such remainder as the 
     number of infants and toddlers in the State bears to the 
     number of infants and toddlers in all States.''; and
       (3) by inserting after paragraph (1) the following new 
     paragraphs:
       ``(2) For fiscal year 1995 only, the Secretary shall allot 
     $34,000,000 of the remaining funds described in paragraph (1) 
     among the States in proportion to their relative numbers of 
     infants and toddlers with disabilities who--
       ``(A) are counted on December 1, 1994; and
       ``(B) would have been eligible to be counted under section 
     1221(c)(1) of the Elementary and Secondary Education Act of 
     1965 (as such section was in effect on the day preceding the 
     date of the enactment of the Improving America's Schools Act 
     of 1994).
       ``(3) Except as provided in paragraphs (4) and (5), no 
     State shall receive an amount under this section for any 
     fiscal year that is less than the greater of--
       ``(A) one-half of one percent of the remaining amount 
     described in paragraph (1), excluding any amounts allotted 
     under paragraph (2); or
       ``(B) $500,000.
       ``(4)(A) Except as provided in paragraph (5), no State 
     shall receive an amount under this section for any of the 
     fiscal years 1995 through 1999 that is less than the sum of 
     the amount such State received for fiscal year 1994 under--
       ``(i) this part; and
       ``(ii) subpart 2 of part D of chapter 1 of title I of the 
     Elementary and Secondary Education Act of 1965 (as such 
     subpart was in existence on the day preceding the date of 
     enactment of the Improving America's Schools Act of 1994) for 
     children with disabilities from birth through age 2.
       ``(B) If, for fiscal year 1998 or 1999, the number of 
     infants and toddlers in any State, as determined under 
     paragraph (1), is less than the number of infants and 
     toddlers so determined for fiscal year 1994, the amount 
     determined under subparagraph (A) for that State shall be 
     reduced by the same percentage by which the number of those 
     infants and toddlers so declined.
       ``(5)(A) If the sums made available under this part for any 
     fiscal year are insufficient to pay the full amounts that all 
     States are eligible to receive under this subsection for such 
     year, the Secretary shall ratably reduce the allocations to 
     such States for such year.
       ``(B) If additional funds become available for making 
     payments under this subsection for such fiscal year, 
     allocations that were reduced under subparagraph (A) shall be 
     increased on the same basis as such allocations were 
     reduced.''.
       (b) Effective Date.--Subsection (a) and the amendments made 
     by subsection (a) shall take effect on October 1, 1994.

 PART B--AMENDMENTS TO THE STEWART B. MCKINNEY HOMELESS ASSISTANCE ACT

     SEC. 321. STATE LITERACY INITIATIVES.

       Section 702 of the Stewart B. McKinney Homeless Assistance 
     Act (hereafter in this part referred to as ``the Act'') (42 
     U.S.C. 11421) is amended to read as follows:


                      ``STATE LITERACY INITIATIVES

       ``Sec. 702. (a) General Authority.--
       ``(1) Grants.--The Secretary of Education is authorized to 
     make grants to State educational agencies to enable each such 
     agency to implement, either directly or through contracts and 
     grants, a program of literacy training and academic 
     remediation for adult homeless individuals within the State, 
     which program shall--
       ``(A) include outreach activities; and
       ``(B) be coordinated with other agencies or organizations, 
     such as community-based organizations, nonprofit literacy-
     action organizations, and recipients of funds under the Adult 
     Education Act, title II of the Job Training Partnership Act, 
     the Youth Fair Chance program under part H of title IV of the 
     Job Training Partnership Act, the Volunteers in Service to 
     America program under part A of title I of the Domestic 
     Volunteer Service Act of 1973, part C of this title, or the 
     Job Opportunity and Basic Skills program under part F of 
     title IV of the Social Security Act.
       ``(2) Estimates and amounts.--The Secretary of Education, 
     in awarding grants under this section, shall give special 
     consideration to the estimates submitted in the application 
     submitted under subsection (b) and make such awards in 
     whatever amounts such Secretary determines will best serve 
     the purposes of this section.
       ``(b) Application.--Each State educational agency desiring 
     to receive a grant under this section shall submit to the 
     Secretary of Education an application at such time, in such 
     manner, and containing such information as the Secretary may 
     reasonably require. Each such application shall include an 
     estimate of the number of homeless individuals in the State 
     and the number of such individuals expected to be served.
       ``(c) Authorization of Appropriations.--For the purpose of 
     carrying out the adult literacy and academic remediation 
     programs authorized by this section, there are authorized to 
     be appropriated such sums as may be necessary for each of the 
     fiscal years 1995 through 1999.
       ``(d) Definition.--As used in this section, the term 
     `State' means each of the 50 States, the District of 
     Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, and Palau (until the effective date 
     of the Compact of Free Association with the Government of 
     Palau).''.

     SEC. 322. EDUCATION FOR HOMELESS CHILDREN AND YOUTH.

       Subtitle B of title VII of the Act (42 U.S.C. 11431 et 
     seq.) is amended to read as follows:

        ``Subtitle B--Education for Homeless Children and Youth


                         ``STATEMENT OF POLICY

       ``Sec. 721. It is the policy of the Congress that--
       ``(1) each State educational agency shall ensure that each 
     child of a homeless individual and each homeless youth has 
     equal access to the same free, appropriate public education, 
     including a public preschool education, as provided to other 
     children and youth;
       ``(2) in any State that has a compulsory residency 
     requirement as a component of the State's compulsory school 
     attendance laws or other laws, regulations, practices, or 
     policies that may act as a barrier to the enrollment, 
     attendance, or success in school of homeless children and 
     youth, the State will review and undertake steps to revise 
     such laws, regulations, practices, or policies to ensure that 
     homeless children and youth are afforded the same free, 
     appropriate public education as provided to other children 
     and youth;
       ``(3) homelessness alone should not be sufficient reason to 
     separate students from the mainstream school environment; and
       ``(4) homeless children and youth should have access to the 
     education and other services that such children and youth 
     need to ensure that such children and youth have an 
     opportunity to meet the same challenging State student 
     performance standards to which all students are held.


 ``GRANTS FOR STATE AND LOCAL ACTIVITIES FOR THE EDUCATION OF HOMELESS 
                           CHILDREN AND YOUTH

       ``Sec. 722. (a) General Authority.--The Secretary is 
     authorized to make grants to States in accordance with the 
     provisions of this section to enable such States to carry out 
     the activities described in subsections (d), (e), (f), and 
     (g).
       ``(b) Application.--No State may receive a grant under this 
     section unless the State educational 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.
       ``(c) Allocation and Reservations.--(1) Subject to 
     paragraph (2) and section 724(c), from the amounts 
     appropriated for each fiscal year under section 726, the 
     Secretary is authorized to allot to each State an amount that 
     bears the same ratio to the amount appropriated for such year 
     under section 726 as the amount allocated under section 1122 
     of the Elementary and Secondary Education Act of 1965 to the 
     State for that year bears to the total amount allocated under 
     section 1122 to all States for that year, except that no 
     State shall receive less than $100,000.
       ``(2)(A) The Secretary is authorized to reserve 0.1 percent 
     of the amount appropriated for each fiscal year under section 
     726 to be allocated by the Secretary among the Virgin 
     Islands, Guam, American Samoa, the Commonwealth of the 
     Northern Mariana Islands, and Palau (until the effective date 
     of the Compact of Free Association with the Government of 
     Palau), according to their respective need for assistance 
     under this subtitle, as determined by the Secretary.
       ``(B)(i) The Secretary is authorized to transfer one 
     percent of the amount appropriated for each fiscal year under 
     section 726 to the Department of the Interior for programs 
     for Indian students served by schools funded by the Secretary 
     of the Interior, as determined under the Indian Self-
     Determination and Education Assistance Act, that are 
     consistent with the purposes of this Act.
       ``(ii) The Secretary and the Secretary of the Interior 
     shall enter into an agreement, consistent with the 
     requirements of this part, for the distribution and use of 
     the funds described in clause (i) under terms that the 
     Secretary determines best meet the purposes of the programs 
     described in such clause. Such agreement shall set forth the 
     plans of the Secretary of the Interior for the use of the 
     amounts transferred, including appropriate goals, objectives 
     and milestones.
       ``(3) As used in this subsection, the term `State' shall 
     not include the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, or Palau.
       ``(d) Mandated Activities.--Grants under this section shall 
     be used--
       ``(1) to carry out the policies set forth in section 721 in 
     the State;
       ``(2) to provide activities for, and services to, homeless 
     children, including preschool-aged children, and homeless 
     youth that enable such children and youth to enroll in, 
     attend, and succeed in school, or, if appropriate, in 
     preschool programs;
       ``(3) to establish or designate an Office of Coordinator of 
     Education of Homeless Children and Youth in the State 
     educational agency in accordance with subsection (f);
       ``(4) to prepare and carry out the State plan described in 
     subsection (g); and
       ``(5) to develop and implement professional development 
     programs for school personnel to heighten their awareness of, 
     and capacity to respond to, specific problems in the 
     education of homeless children and youth.
       ``(e) State and Local Grants.--(1)(A) Subject to 
     subparagraph (B), if the amount allotted to the State 
     educational agency for any fiscal year under this subtitle 
     exceeds the amount such agency received for fiscal year 1990 
     under this subtitle, such agency shall use such funds as 
     exceed the amount such agency received for fiscal year 1990 
     under this subtitle to provide grants to local educational 
     agencies in accordance with section 723.
       ``(B) The State educational agency may reserve not more 
     than the greater of 5 percent of the amount such agency 
     receives under this subtitle for any fiscal year, or the 
     amount such agency received under this subtitle for fiscal 
     year 1990, to conduct activities under subsection (f) 
     directly or through grants or contracts.
       ``(2) If the amount allotted to a State educational agency 
     for any fiscal year under this subtitle is less than the 
     amount such agency received for fiscal year 1990 under this 
     subtitle, such agency, at such agency's discretion, may 
     provide grants to local educational agencies in accordance 
     with section 723 or may conduct activities under subsection 
     (f) directly or through grants or contracts.
       ``(f) Functions of the Office of Coordinator.--The 
     Coordinator of Education of Homeless Children and Youth 
     established in each State shall--
       ``(1) estimate the number of homeless children and youth in 
     the State and the number of such children and youth served 
     with assistance provided under the grants or contracts under 
     this subtitle;
       ``(2) gather, to the extent possible, reliable, valid, and 
     comprehensive information on the nature and extent of the 
     problems homeless children and youth have in gaining access 
     to public preschool programs and to public elementary and 
     secondary schools, the difficulties in identifying the 
     special needs of such children and youth, any progress made 
     by the State educational agency and local educational 
     agencies in the State in addressing such problems and 
     difficulties, and the success of the program under this 
     subtitle in allowing homeless children and youth to enroll 
     in, attend, and succeed in, school;
       ``(3) develop and carry out the State plan described in 
     subsection (g);
       ``(4) prepare and submit to the Secretary not later than 
     October 1, 1997, and on October 1 of every third year 
     thereafter, a report on the information gathered pursuant to 
     paragraphs (1) and (2) and such additional information as the 
     Secretary may require to carry out the Secretary's 
     responsibilities under this subtitle;
       ``(5) facilitate coordination between the State educational 
     agency, the State social services agency, and other agencies 
     providing services to homeless children and youth, including 
     homeless children and youth who are preschool age, and 
     families of such children and youth; and
       ``(6) develop relationships and coordinate with other 
     relevant education, child development, or preschool programs 
     and providers of services to homeless children, homeless 
     families, and runaway and homeless youth (including domestic 
     violence agencies, shelter operators, transitional housing 
     facilities, runaway and homeless youth centers, and 
     transitional living programs for homeless youth), to improve 
     the provision of comprehensive services to homeless children 
     and youth and their families.
       ``(g) State Plan.--(1) Each State shall submit to the 
     Secretary a plan to provide for the education of homeless 
     children and youth within the State, which plan shall 
     describe how such children and youth are or will be given the 
     opportunity to meet the same challenging State performance 
     standards all students are expected to meet, shall describe 
     the procedures the State educational agency will use to 
     identify such children and youth in the State and to assess 
     their special needs, and shall--
       ``(A) describe procedures for the prompt resolution of 
     disputes regarding the educational placement of homeless 
     children and youth;
       ``(B) describe programs for school personnel (including 
     principals, attendance officers, teachers and enrollment 
     personnel), to heighten the awareness of such personnel of 
     the specific needs of runaway and homeless youth;
       ``(C) describe procedures that ensure that homeless 
     children and youth who meet the relevant eligibility criteria 
     are able to participate in Federal, State, or local food 
     programs;
       ``(D) describe procedures that ensure that--
       ``(i) homeless children have equal access to preschool 
     programs provided to other children; and
       ``(ii) homeless children and youth who meet the relevant 
     eligibility criteria are able to participate in Federal, 
     State, or local before- and after-school care programs;
       ``(E) address problems set forth in the report provided to 
     the Secretary under subsection (f)(4);
       ``(F) address other problems with respect to the education 
     of homeless children and youth, including problems caused 
     by--
       ``(i) transportation issues; and
       ``(ii) enrollment delays that are caused by--
       ``(I) immunization requirements;
       ``(II) residency requirements;
       ``(III) lack of birth certificates, school records, or 
     other documentation; or
       ``(IV) guardianship issues;
       ``(G) demonstrate that the State educational agency and 
     local educational agencies in the State have developed, and 
     will review and revise, policies to remove barriers to the 
     enrollment and retention of homeless children and youth in 
     schools in the State; and
       ``(H) contain an assurance that the State educational 
     agency and local educational agencies in the State will adopt 
     policies and practices to ensure that homeless children and 
     youth are not isolated or stigmatized.
       ``(2) Each plan adopted under this subsection shall also 
     show how the State will ensure that local educational 
     agencies in the State will comply with the requirements of 
     paragraphs (3) through (9).
       ``(3)(A) The local educational agency of each homeless 
     child and youth shall, according to the child's or youth's 
     best interest, either--
       ``(i) continue the child's or youth's education in the 
     school of origin--
       ``(I) for the remainder of the academic year; or
       ``(II) in any case in which a family becomes homeless 
     between academic years, for the following academic year; or
       ``(ii) enroll the child or youth in any school that 
     nonhomeless students who live in the attendance area in which 
     the child or youth is actually living are eligible to attend.
       ``(B) In determining the best interests of the child or 
     youth under subparagraph (A), the local educational agency 
     shall comply, to the extent feasible, with the request made 
     by a parent or guardian regarding school selection.
       ``(C) For purposes of this paragraph, the term `school of 
     origin' means the school that the child or youth attended 
     when permanently housed, or the school in which the child or 
     youth was last enrolled.
       ``(D) The choice regarding placement shall be made 
     regardless of whether the child or youth lives with the 
     homeless parents or has been temporarily placed elsewhere by 
     the parents.
       ``(4) Each homeless child or youth shall be provided 
     services comparable to services offered to other students in 
     the school selected according to the provisions of paragraph 
     (3), including--
       ``(A) transportation services, except as required by 
     paragraph (9);
       ``(B) educational services for which the child or youth 
     meets the eligibility criteria, such as services provided 
     under title I of the Elementary and Secondary Education Act 
     of 1965 or similar State or local programs, educational 
     programs for children with disabilities, and educational 
     programs for students with limited-English proficiency;
       ``(C) programs in vocational education;
       ``(D) programs for gifted and talented students; and
       ``(E) school meals programs.
       ``(5) Any record ordinarily kept by the school, including 
     immunization records, academic records, birth certificates, 
     guardianship records, and evaluations for special services or 
     programs, of each homeless child or youth shall be 
     maintained--
       ``(A) so that the records are available, in a timely 
     fashion, when a child or youth enters a new school district; 
     and
       ``(B) in a manner consistent with section 438 of the 
     General Education Provisions Act.
       ``(6) Each local educational agency serving homeless 
     children and youth that receives assistance under this 
     subtitle shall coordinate with local social services agencies 
     and other agencies or programs providing services to such 
     children or youth and their families.
       ``(7)(A) Each local educational agency that receives 
     assistance under this subtitle shall designate a homelessness 
     liaison to ensure that--
       ``(i) homeless children and youth enroll and succeed in the 
     schools of that agency; and
       ``(ii) homeless families, children, and youth receive 
     educational services for which such children and youth are 
     eligible, including preschool programs, and referrals to 
     health care services, dental services, mental health 
     services, and other appropriate services.
       ``(B) State coordinators and local educational agencies 
     shall inform school personnel, service providers, and 
     advocates working with homeless families of the duties of the 
     liaisons.
       ``(8) Each State educational agency and local educational 
     agency shall review and revise any policies that may act as 
     barriers to the enrollment of homeless children and youth in 
     schools selected in accordance with paragraph (3). In 
     reviewing and revising such policies, consideration shall be 
     given to issues concerning transportation, immunization, 
     residency, birth certificates, school records, and other 
     documentation, and guardianship. Special attention shall be 
     given to ensuring the enrollment and attendance of homeless 
     children and youth who are not currently attending school.
       ``(9) Each plan adopted under this subsection shall--
       ``(A) demonstrate that transportation, to the extent 
     possible, will be provided at no cost to homeless children 
     and youth attending the school in which such children are 
     enrolled; and
       ``(B) contain procedures for resolving disputes between 
     local educational agencies or within a local educational 
     agency concerning transportation costs for such children and 
     youth.
       ``(10) Where applicable, each State and local educational 
     agency shall coordinate with State and local housing agencies 
     responsible for developing the comprehensive housing 
     affordability strategy described in section 105 of the 
     Cranston-Gonzalez National Affordable Housing Act to minimize 
     educational disruption for children who become homeless.


    ``LOCAL EDUCATIONAL AGENCY GRANTS FOR THE EDUCATION OF HOMELESS 
                           CHILDREN AND YOUTH

       ``Sec. 723. (a) General Authority.--(1) The State 
     educational agency shall, in accordance with section 722(e) 
     and from amounts made available to such agency under section 
     726, make grants to local educational agencies for the 
     purpose of facilitating the enrollment, attendance, and 
     success in school of homeless children and youth.
       ``(2) Unless otherwise specified, services under paragraph 
     (1) may be provided through programs on school grounds or at 
     other facilities. Where services are provided through 
     programs on school grounds, such services may also be made 
     available to children and youth who are determined by the 
     local educational agency to be at risk of failing in, or 
     dropping out of, schools, except that priority for such 
     services shall be given to homeless children and youth. To 
     the maximum extent practicable, services shall be provided 
     through existing programs and mechanisms that integrate 
     homeless individuals with nonhomeless individuals.
       ``(3) Services provided under this section shall be 
     designed to expand upon or improve services provided as part 
     of the school's regular academic program.
       ``(b) Application.--A local educational agency that desires 
     to receive a grant under this section shall submit an 
     application to the State educational agency at such time, in 
     such manner, and containing or accompanied by such 
     information as the State educational agency may reasonably 
     require according to guidelines issued by the Secretary. Each 
     such application shall include--
       ``(1) a description of the services and programs for which 
     assistance is sought and the problems to be addressed through 
     the provision of such services and programs;
       ``(2) an assurance that the local educational agency's 
     combined fiscal effort per student or the aggregate 
     expenditures of that agency and the State with respect to the 
     provision of free public education by that agency for the 
     preceding fiscal year was not less than 90 percent of such 
     combined fiscal effort or aggregate expenditures for the 
     second preceding fiscal year;
       ``(3) an assurance that the applicant complies with, or 
     will use requested funds to come into compliance with, 
     paragraphs (3) through (9) of section 722(g); and
       ``(4) a description of policies and procedures that the 
     agency will implement to ensure that activities carried out 
     by the agency will not isolate or stigmatize homeless 
     children and youth.
       ``(c) Awards.--(1) The State educational agency shall, in 
     accordance with section 722(g) and from amounts made 
     available to such agency under section 726, award grants 
     under this section to local educational agencies submitting 
     an application under subsection (b) on the basis of the need 
     of such agencies.
       ``(2) In determining need under paragraph (1), the State 
     educational agency may consider the number of homeless 
     children and youth enrolled in preschool, elementary, and 
     secondary schools within the area served by the agency, and 
     shall consider the needs of such children and youth and the 
     ability of the agency to meet such needs. Such agency may 
     also consider--
       ``(A) the extent to which the proposed use of funds would 
     facilitate the enrollment, retention, and educational success 
     of homeless children and youth;
       ``(B) the extent to which the application reflects 
     coordination with other local and State agencies that serve 
     homeless children and youth, as well as the State plan 
     required by section 722(g);
       ``(C) the extent to which the applicant exhibits in the 
     application and in current practice a commitment to education 
     for all homeless children and youth; and
       ``(D) such other criteria as the agency determines 
     appropriate.
       ``(3) Grants awarded under this section shall be for terms 
     not to exceed three years.
       ``(d) Authorized Activities.--(1) A local educational 
     agency may use funds awarded under this section for 
     activities to carry out the purpose of this subtitle, 
     including--
       ``(A) the provision of tutoring, supplemental instruction, 
     and enriched educational services that are linked to the 
     achievement of the same challenging State content standards 
     and challenging State student performance standards the State 
     establishes for other children or youth;
       ``(B) the provision of expedited evaluations of the 
     strengths and needs of homeless children and youth, including 
     needs and eligibility for programs and services (such as 
     educational programs for gifted and talented students, 
     children with disabilities, and students with limited-English 
     proficiency, services provided under title I of the 
     Elementary and Secondary Education Act of 1965 or similar 
     State or local programs, programs in vocational education, 
     and school meals programs);
       ``(C) professional development and other activities for 
     educators and pupil services personnel that are designed to 
     heighten the understanding and sensitivity of such personnel 
     to the needs of homeless children and youth, the rights of 
     such children and youth under this Act, and the specific 
     educational needs of runaway and homeless youth;
       ``(D) the provision of referral services to homeless 
     children and youth for medical, dental, mental, and other 
     health services;
       ``(E) the provision of assistance to defray the excess cost 
     of transportation for students pursuant to sections 722(g)(4) 
     or 722(g)(9), not otherwise provided through Federal, State, 
     or local funding, where necessary to enable students to 
     attend the school selected under section 722(g)(3);
       ``(F) the provision of developmentally appropriate early 
     childhood education programs, not otherwise provided through 
     Federal, State, or local funding, for preschool-aged 
     children;
       ``(G) the provision of before- and after-school and summer 
     enrichment programs for homeless children and youth in which 
     a teacher or other qualified individual provides tutoring, 
     homework assistance, and supervision of educational 
     activities;
       ``(H) where necessary, the payment of fees and other costs 
     associated with tracking, obtaining, and transferring records 
     necessary to enroll homeless children and youth in school, 
     including birth certificates, immunization records, academic 
     records, guardianship records, and evaluations for special 
     programs or services;
       ``(I) the provision of education and training to the 
     parents of homeless children and youth about the rights of, 
     and resources available to, such children and youth;
       ``(J) the development of coordination between schools and 
     agencies providing services to homeless children and youth;
       ``(K) the provision of pupil services (including violence 
     prevention counseling) and referrals for such services;
       ``(L) activities to address the particular needs of 
     homeless children and youth that may arise from domestic 
     violence;
       ``(M) the adaptation of space and purchase of supplies for 
     nonschool facilities made available under subsection (a)(2) 
     to provide services under this subsection;
       ``(N) the provision of school supplies to be distributed at 
     shelters or temporary housing facilities, or other 
     appropriate locations; and
       ``(O) the provision of other extraordinary or emergency 
     assistance needed to enable homeless children and youth to 
     attend school.


                     ``SECRETARIAL RESPONSIBILITIES

       ``Sec. 724. (a) Review of Plans.--In reviewing the State 
     plans submitted by the State educational agencies under 
     section 722(g), the Secretary shall use a peer review process 
     and shall evaluate whether State laws, policies, and 
     practices described in such plans adequately address the 
     problems of homeless children and youth relating to access to 
     education and placement as described in such plans.
       ``(b) Technical Assistance.--The Secretary shall provide 
     support and technical assistance to the State educational 
     agencies to assist such agencies to carry out their 
     responsibilities under this subtitle.
       ``(c) Evaluation and Dissemination.--The Secretary shall 
     conduct evaluation and dissemination activities of programs 
     designed to meet the educational needs of homeless elementary 
     and secondary school students, and may use funds appropriated 
     under section 726 to conduct such activities.
       ``(d) Reports.--The Secretary shall prepare and submit a 
     report to Congress on the programs and activities authorized 
     by this subtitle by December 31, 1997, and every third year 
     thereafter.


                             ``DEFINITIONS

       ``Sec. 725. For the purpose of this subtitle, the following 
     terms have the following meanings:
       ``(1) The term `Secretary' means the Secretary of 
     Education.
       ``(2) The term `State' means each of the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico.


                   ``AUTHORIZATION OF APPROPRIATIONS

       ``Sec. 726. For the purpose of carrying out this subtitle, 
     there are authorized to be appropriated $30,000,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of the 4 succeeding fiscal years.''.

                 PART C--REPEAL OF IMPACT AID STATUTES

     SEC. 331. REPEAL OF IMPACT AID STATUTES.

       (a) Public Law 81-815.--The Act entitled ``An Act relating 
     to the construction of school facilities in areas affected by 
     Federal activities, and for other purposes'', approved 
     September 23, 1950 (64 Stat. 967; 20 U.S.C. 631 et seq.) is 
     repealed.
       (b) Public Law 81-874.--The Act entitled ``An Act to 
     provide assistance for local educational agencies in areas 
     affected by Federal activities, and for other purposes'', 
     approved September 30, 1950 (64 Stat. 1100; 20 U.S.C. 236 et 
     seq.) is repealed.

                           PART D--OTHER ACTS

     SEC. 341. GOALS 2000: EDUCATE AMERICA ACT.

       (a) Repeals.--Sections 231, 232, 234, and 235 of the Goals 
     2000: Educate America Act are repealed.
       (b) Gift Authority.--
       (1) National education goals panel.--Section 204 of the 
     Goals 2000: Educate America Act is amended by adding at the 
     end the following new subsection:
       ``(f) Gifts.--The Goals Panel may accept, administer, and 
     utilize gifts or donations of services, money, or property, 
     whether real or personal, tangible or intangible.''.
       (2) National education standards and improvement council.--
     Section 215 of the Goals 2000: Educate America Act is amended 
     by adding at the end the following new subsection:
       ``(f) Gifts.--The Council may accept, administer, and 
     utilize gifts or donations of services, money, or property, 
     whether real or personal, tangible or intangible.''.
       (c) Safe Schools.--Paragraph (2) of section 702(b) of the 
     Safe Schools Act of 1994 (20 U.S.C. 5962(b)(2)) is amended by 
     striking ``10 percent'' and inserting ``5 percent''.

     SEC. 342. EDUCATION COUNCIL ACT OF 1991.

       Title II of the Education Council Act of 1991 (20 U.S.C. 
     1221-1 note) is repealed.

     SEC. 343. AUGUSTUS F. HAWKINS-ROBERT T. STAFFORD ELEMENTARY 
                   AND SECONDARY SCHOOL IMPROVEMENT AMENDMENTS OF 
                   1988.

       Title IV of the Augustus F. Hawkins-Robert T. Stafford 
     Elementary and Secondary School Improvement Amendments of 
     1988 (20 U.S.C. 4901 et seq.) is repealed.
                        TITLE IV--MISCELLANEOUS

     SEC. 401. DOCUMENTS TRANSMITTED TO CONGRESS.

       In documents transmitted to Congress explaining the 
     President's budget request for the Special Education account, 
     the Department of Education shall display amounts included in 
     the request to offset the termination of part D of chapter 1 
     of title I of the Elementary and Secondary Education Act of 
     1965 by the Improving America's Schools Act of 1994.
             TITLE V--WORKERS TECHNOLOGY SKILL DEVELOPMENT

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Workers Technology Skill 
     Development Act''.

     SEC. 502. FINDINGS.

       Congress finds and declares the following:
       (1) In an increasingly competitive world economy, the 
     companies and nations that lead in the rapid development, 
     commercialization, and application of new and advanced 
     technologies, and in the high-quality, competitively priced 
     production of goods and services, will lead in economic 
     growth, employment, and high living standards.
       (2) While the United States remains the world leader in 
     science and invention, it has not done well in rapidly making 
     the transition from achievement in its research laboratories 
     to high-quality, competitively priced production of goods and 
     services. This lag and the unprecedented competitive 
     challenge that the United States has faced from abroad have 
     contributed to a drop in real wages and living standards.
       (3) Companies that are successfully competitive in the 
     rapid development, commercialization, application, and 
     implementation of advanced technologies, and in the 
     successful delivery of goods and services, recognize that 
     worker participation and labor-management cooperation in the 
     deployment, application, and implementation of advanced 
     workplace technologies make an important contribution to 
     high-quality, competitively priced production of goods and 
     services and in maintaining and improving real wages for 
     workers.
       (4) The Federal Government has an important role in 
     encouraging and augmenting private sector efforts relating to 
     the development, application, manufacture, and deployment of 
     new and advanced technologies. The role should be to--
       (A) work with private companies, States, worker 
     organizations, nonprofit organizations, and institutions of 
     higher education to ensure the development, application, 
     production, and implementation of new and advanced 
     technologies to promote the improvement of workers' skills, 
     wages, job security, and working conditions, and a healthy 
     environment;
       (B) encourage worker and worker organization participation 
     in the development, commercialization, evaluation, selection, 
     application, and implementation of new and advanced 
     technologies in the workplace; and
       (C) promote the use and integration of new and advanced 
     technologies in the workplace that enhance workers' skills.
       (5) In working with the private sector to promote the 
     technological leadership and economic growth of the United 
     States, the Federal Government has a responsibility to ensure 
     that Federal technology programs help the United States to 
     remain competitive and to maintain and improve living 
     standards and to create and retain secure jobs in 
     economically stable communities.

     SEC. 503. PURPOSES.

       The purposes of this title are to--
       (1) improve the ability of workers and worker organizations 
     to recognize, develop, assess, and improve strategies for 
     successfully integrating workers and worker organizations 
     into the process of evaluating, selecting, and implementing 
     advanced workplace technologies, and advanced workplace 
     practices in a manner that creates and maintains stable well-
     paying jobs for workers; and
       (2) assist workers and worker organizations in developing 
     the expertise necessary for effective participation with 
     employers in the development of strategies and programs for 
     the successful evaluation, selection, and implementation of 
     advanced workplace technologies and advanced workplace 
     practices through the provision of a range of education, 
     training, and related services.

     SEC. 504. DEFINITIONS.

       As used in this title:
       (1) Advanced workplace practices.--The term ``advanced 
     workplace practices'' means innovations in work organization 
     and performance, including high-performance workplace 
     systems, flexible production techniques, quality programs, 
     continuous improvement, concurrent engineering, close 
     relationships between suppliers and customers, widely 
     diffused decisionmaking and work teams, and effective 
     integration of production technology, worker skills and 
     training, and workplace organization, and such other 
     characteristics as determined appropriate by the Secretary of 
     Labor, in consultation with the Secretary of Commerce.
       (2) Advanced workplace technologies.--The term ``advanced 
     workplace technologies'' includes--
       (A) numerically controlled machine tools, robots, automated 
     process control equipment, computerized flexible 
     manufacturing systems, associated computer software, and 
     other technology for improving the manufacturing and 
     industrial production of goods and commercial services, which 
     advance the state-of-the-art; or
       (B) novel industrial and commercial techniques and 
     processes not previously generally available that improve 
     quality, productivity, and practices, including engineering 
     design, quality assurance, concurrent engineering, continuous 
     process production technology, inventory management, upgraded 
     worker skills, communications with customers and suppliers, 
     and promotion of sustainable economic growth.
       (3) Department.--The term ``Department'' means the 
     Department of Labor.
       (4) Nonprofit organization.--The term ``nonprofit 
     organization'' means a tax-exempt organization, as described 
     in paragraph (3), (4), or (5) of section 501(c) of the 
     Internal Revenue Code of 1986.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Labor.
       (6) Worker organization.--The term ``worker organization'' 
     means a labor organization within the meaning of section 
     501(c)(5) of the Internal Revenue Code of 1986.

     SEC. 505. GRANTS.

       (a) In General.--The Secretary of Labor, after consultation 
     with the Secretary of Commerce, shall, to the extent 
     appropriations are available, award grants to eligible 
     entities to carry out the purposes described in section 503.
       (b) Eligibility.--To be eligible to receive a grant under 
     this section, an entity shall--
       (1) be a nonprofit organization, or a partnership 
     consortium of such institutions or organizations;
       (2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require, including a description of the 
     activities that the entity will carry out using amounts 
     received under the grant; and
       (3) agree to make available (directly or through donations 
     from public or private entities) non-Federal contributions 
     toward the costs of the activities to be conducted with grant 
     funds, in an amount equal to the amount required under 
     subsection (d).
       (c) Use of Amounts.--An entity shall use amounts received 
     under a grant awarded under this section to carry out the 
     purposes described in section 503 through activities such 
     as--
       (1) the dissemination of information to workers, worker 
     organizations, employers, State economic development 
     agencies, State industrial extension programs, Advanced 
     Technology Centers, and National Manufacturing Technology 
     Centers regarding successful practices relating to the 
     effective deployment of advanced workplace technologies, and 
     advanced workplace practices;
       (2) the provision of technical assistance to workers, 
     worker organizations, employers, State economic development 
     agencies, State industrial extension programs, Advanced 
     Technology Centers, and National Manufacturing Technology 
     Centers to identify advanced workplace practices and 
     strategies that enhance the effective evaluation, selection, 
     and implementation of advanced workplace technologies;
       (3) the researching and identification of new and advanced 
     workplace technologies, and advanced workplace practices that 
     promote the improvement of workers' skills, wages, working 
     conditions, and job security, that research the link between 
     advanced workplace practices and long-term corporate 
     performance, and that are consistent with the needs of local 
     communities and the need for a healthy environment; and
       (4) the development and dissemination of training programs 
     and materials relating to the services provided pursuant to 
     paragraphs (1) through (3).
       (d) Terms of Grants and Non-Federal Shares.--
       (1) Terms.--Grants awarded under this section shall be for 
     a term not to exceed 6 years.
       (2) Non-federal share.--Amounts required to be contributed 
     by an entity under subsection (b)(3) shall equal--
       (A) an amount equal to 15 percent of the amount provided 
     under the grant in the first year for which the grant is 
     awarded;
       (B) an amount equal to 20 percent of the amount provided 
     under the grant in the second year for which the grant is 
     awarded;
       (C) an amount equal to 33 percent of the amount provided 
     under the grant in the third year for which the grant is 
     awarded;
       (D) an amount equal to 40 percent of the amount provided 
     under the grant in the fourth year for which the grant is 
     awarded; and
       (E) an amount equal to 50 percent of the amount provided 
     under the grant in the fifth and sixth years for which the 
     grant is awarded.
       (e) Evaluation.--The Department shall develop mechanisms 
     for evaluating the effectiveness of the use of a grant 
     awarded under this section in carrying out the purposes under 
     section 503 and, not later than 2 years after the date of 
     enactment of this Act, and every 2 years thereafter, prepare 
     and submit a report to Congress concerning such evaluation.

     SEC. 506. IDENTIFICATION AND DISSEMINATION OF BEST PRACTICES.

       (a) In General.--
       (1) Information.--The Secretary, in cooperation and after 
     consultation with the Secretary of Commerce, shall assist 
     workers, worker organizations, and employers in successfully 
     adopting advanced workplace technologies, and advanced 
     workplace practices by identifying, collecting, and 
     disseminating information on best workplace practices and 
     workplace assessment tools, including--
       (A) methods, techniques, and successful models of labor-
     management cooperation and of worker and worker organization 
     participation in the development, evaluation, selection, and 
     implementation of new and advanced workplace technologies, 
     and advanced workplace practices;
       (B) methods, techniques, and successful models for the 
     design and implementation of new and advanced workplace 
     practices;
       (C) methods, techniques, and successful models for the 
     design and implementation of advanced forms of work 
     organization; and
       (D) methods, techniques, and successful models for the 
     assessment of worker skills and training needs relating to 
     the effective development, evaluation, selection, and 
     implementation of advanced workplace technologies, and 
     advanced workplace practices.
       (2) Contents.--Such information on best workplace practices 
     shall include--
       (A) summaries and analyses of best practice cases;
       (B) criteria for assessment of current workplace practices; 
     and
       (C) information on the best available education and 
     training materials and services relating to the development, 
     implementation, and operation of systems utilizing new and 
     advanced workplace technologies, and advanced workplace 
     practices.
       (b) Distribution.--The information and materials developed 
     under this section shall be distributed through an 
     appropriate entity designated by the Secretary of Commerce to 
     the Regional Centers for the Transfer of Manufacturing 
     Technology, to the Manufacturing Outreach Center, to other 
     technology training entities, and directly to others as 
     determined appropriate by the Secretary of Labor and the 
     Secretary of Commerce.

     SEC. 507. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title such sums as may be necessary for each 
     of the fiscal years 1995 through 1997.
       (b) Availability.--Amounts appropriated under subsection 
     (a) shall remain available until expended.

  The PRESIDING OFFICER. The unanimous-consent request proposed by the 
Senator from Massachusetts is agreed to.
  The committee modifications are as follows:

       On page 465, in the table of contents, strike the item 
     relating to section 13203.
       On page 478, line 3, insert ``proficient and'' after 
     ``State's''.
       On page 478, line 8, strike ``one assessment'' and insert 
     ``mathematics, and reading or language arts,''.
       On page 479, line 13, insert ``, so long as a State 
     includes in the State plan information regarding the State's 
     efforts to validate such measures'' before the semicolon.
       On page 479, line 19, strike ``reports'' and insert 
     ``interpretive and descriptive reports, which may include 
     scores and other information on the attainment of student 
     performance standards''.
       On page 479, line 24, insert ``migratory children,'' after 
     ``disabilities,''.
       On page 479, line 25, strike ``and''.
       On page 480, line 10, strike the period and insert ``; 
     and''.
       On page 480, between lines 10 and 11, insert the following:
       ``(K) particularly for assessments given in kindergarden, 
     or grades one or two, be developmentally appropriate.
       On page 480, line 25, insert ``, including at least 
     mathematics, and reading or language arts, in one grade in 
     each school,'' after ``assessments''.
       On page 481, line 16, strike ``one or''.
       On page 487, line 20, insert ``, where appropriate, 
     educational'' before ``services''.
       On page 487, line 22, insert ``, for neglected and 
     delinquent children in community day school programs,'' after 
     ``children''.
       On page 489, between lines 15 and 16, insert the following:
       ``(4) give priority to serving students in the earlier 
     grades of schools that receive funds under this part.
       On page 489, line 16, strike ``(4)'' and insert ``(5)''.
       On page 489, line 21, strike ``(5)'' and insert ``(6)''.
       On page 490, line 12, strike ``(6)'' and insert ``(7)''.
       On page 490, line 18, strike ``(7)'' and insert ``(8)''.
       On page 490, line 24, strike ``(8)'' and insert ``(9)''.
       On page 496, line 2, strike ``and''.
       On page 496, line 4, strike the period and insert ``; 
     and''.
       On page 496, between lines 4 and 5, insert the following:
       ``(C) where appropriate, neglected and delinquent children 
     in community day school programs.
       On page 496, strike lines 5 through 15, and insert the 
     following:
       ``(d) Inapplicability.--
       ``(1) In general.--Subsections (a) and (c) shall not 
     apply--
       ``(A) to a local educational agency with a total enrollment 
     of less than 1,000 children, except that such agency shall 
     serve school attendance areas or schools in rank order 
     according to grade span or school on the basis of the total 
     number of children from low-income families in grade levels 
     served in such area or school; or
       ``(B) to a school participating in a desegregation program 
     where the number of economically disadvantaged children 
     served by the school is equal to or greater than 100 or equal 
     to or greater than 25 percent of such school's total student 
     enrollment.
       ``(2) Special rule.--(A) Except as provided in subparagraph 
     (B), the per pupil amount of funds allocated to each school 
     attendance area or school described in paragraph (1) shall be 
     at least 65 percent of the per pupil amount of funds the 
     local educational agency serving such area or school received 
     for that year under the poverty criterion described by such 
     agency in the plan submitted under section 1112, except that 
     this paragraph shall not apply to a local educational agency 
     that only serves schools in which the percentage of children 
     from low-income families is 50 percent or greater.
       ``(B) A local educational agency described in subparagraph 
     (A) may reduce the amount of funds allocated under such 
     subparagraph for a school attendance area or school by the 
     amount of any supplemental State and local funds expended in 
     such area or school for programs that meet the requirements 
     of section 1114 or 1115.
       On page 498, strike lines 3 through 21, and insert the 
     following:
       ``(3) Special rule.--(A) Except as provided in subsection 
     (b), the Secretary may, through publication of a notice in 
     the Federal Register, exempt schoolwide programs under 
     section 1114 from statutory or regulatory provisions of any 
     other noncompetitive, formula grant program administered by 
     the Secretary, or any discretionary grant program 
     administered by the Secretary (other than formula or 
     discretionary grant programs under the Individuals with 
     Disabilities Education Act), to support schoolwide programs, 
     if the intent and purposes of such other programs are met. 
     Such notice shall not be subject to the requirements in 
     section 431 of the General Education Provisions Act or 
     section 553 of title 5, United States Code.
       ``(B) A school that chooses to use funds from such other 
     programs shall not be relieved of the requirements relating 
     to health, safety, civil rights, gender equity, student and 
     parental participation and involvement, services to private 
     school children, maintenance of effort, comparability of 
     services, uses of Federal funds to supplement, not supplant 
     non-Federal funds, or the distribution of funds to State or 
     local educational agencies that apply to the receipt of funds 
     from such programs.
       On page 502, line 17, insert ``Such activities shall be 
     jointly developed by the principal, teachers, and other staff 
     of each school.'' after ``standards.''.
       On page 510, line 23, strike ``proficiency in'' and insert 
     ``a tested proficiency in English and''.
       On page 512, line 4, strike ``interpretation'' and insert 
     ``explanation''.
       On page 513, line 6, strike ``(G)'' and insert ``(H)''.
       On page 528, line 12, strike ``(F)'' and insert ``(I)''.
       On page 534, line 11, insert ``met or'' after ``has''.
       On page 539, line 21, strike ``all''.
       On page 539, line 22, strike ``all''.
       On page 556, line 9, strike ``1.05'' and insert ``1.00''.
       On page 557, line 8, strike ``32'' and insert ``34''.
       On page 563, line 22, strike ``No State'', and insert 
     ``Notwithstanding subsection (d)(1), no State''.
       On page 608, line 6, strike ``spouse'' and insert 
     ``guardian''.
       On page 619, strike lines 19 through 21, and insert the 
     following:
       ``(3) Special rule.--Notwithstanding section 1114, a school 
     that receives funds under this part shall continue to address 
     the identified needs described in subparagraph (1)(A).
       On page 625, line 11, strike ``1701'' and insert ``1702''.
       On page 639, line 23, strike ``an evaluations'' and insert 
     ``and evaluations''.
       On page 640, between lines 3 and 4, insert the following:

     ``SEC. 1704. RESERVATION OF FUNDS FOR TERRITORIES.

       ``There is authorized to be appropriated for each fiscal 
     year for purposes of each of parts D and E of this title an 
     amount equal to not more than 1 percent of the amount 
     appropriated for such year for such parts, for payments to 
     the outlying areas under each such part. The amounts 
     appropriated for each such part shall be allotted among the 
     outlying areas according to the outlying areas' respective 
     need for such grants, based on such criteria as the Secretary 
     determines will best carry out the purposes of this title.
       On page 642, line 21, strike ``retraining'' and insert 
     ``retaining''.
       On page 651, line 13, insert ``teacher educators,'' after 
     ``teachers,''.
       On page 652, line 13, insert ``effective prevention and'' 
     after ``staff in''.
       On page 652, line 14, strike ``inappropriate'' and insert 
     ``assure appropriate''.
       On page 659, line 3, insert ``prevention and'' before 
     ``intervention''.
       On page 659, line 5, strike ``and inappropriate'' and 
     insert ``or assure appropriate''.
       On page 678, line 18, insert ``effective prevention and'' 
     before ``intervention''.
       On page 678, lines 19 and 20, strike ``inappropriate'' and 
     insert ``assure appropriate''.
       On page 684, line 9, insert ``prevention and'' after 
     ``effective''.
       On page 684, line 11, strike ``and inappropriate'' and 
     insert ``or assure appropriate''.
       On page 688, lines 1 and 2, strike ``and D'' and insert ``, 
     D and H''.
       On page 693, strike lines 5 through 8, and insert the 
     following:

     ``ment effective collaboration--
       ``(A) for the instruction of children with disabilities 
     placed into general education settings, consistent with such 
     child's individualized education program; and
       ``(B) in prevention and intervention strategies to 
     alleviate the need for, or assure appropriate, referrals of 
     children for special education services;''.
       On page 696, line 8, strike ``and''.
       On page 696, line 10, strike the period and insert ``; 
     and''.
       On page 696, between lines 10 and 11, insert the following:
       ``(22) support for partnerships between (A) schools, 
     consortia of schools, or local educational agencies, and (B) 
     institutions of higher education, including schools of 
     education, that encourage teachers to participate in 
     intensive, ongoing professional development programs, both 
     academic and pedagogical, at institutions of higher 
     education, and encourage students at institutions of higher 
     education studying to become teachers to have direct, 
     practical experience at schools.
       On page 706, line 9, strike ``and''.
       On page 707, line 10, strike the period and insert ``; 
     and''.
       On page 707, between lines 10 and 11, insert the following:
       ``(4) the term `prevention', when used with respect to 
     strategies, includes activities conducted to--
       ``(A) detect and overcome early manifestations of learning, 
     health and social, and behavioral, problems that may impede 
     later student learning and school achievement;
       ``(B) prevent students from failing to achieve commensurate 
     with their abilities; and
       ``(C) alleviate the need, or increase the probability of 
     appropriate referrals, for special education services.
       On page 718, line 21, strike ``The'' and insert 
     ``Notwithstanding section 6205, the''.
       On page 738, line 16, strike ``EDUCATIONAL TECHNOLOGY'' and 
     insert ``TECHNOLOGY FOR EDUCATION''.
       On page 742, between lines 23 and 24, insert the following:
       ``(1) the term `adult education' has the same meaning given 
     such term by section 312 of the Adult Education Act;
       On page 742, line 24, strike ``(1)'' and insert ``(2)''.
       On page 743, line 6, strike ``(2)'' and insert ``(3)''.
       On page 743, line 10, strike ``(3)'' and insert ``(4)''.
       On page 743, line 18, strike ``easily exchange'' and insert 
     ``exchange easily''.
       On page 743, line 17, strike ``(4)'' and insert ``(5)''.
       On page 743, line 21, insert ``and other users'' before the 
     semicolon.
       On page 743, line 22, strike ``(5)'' and insert ``(6)''.
       On page 744, line 3, strike ``(6)'' and insert ``(7)''.
       On page 744, line 5, strike ``(7)'' and insert ``(8)''.
       On page 744, line 8, strike ``(8)'' and insert ``(9)''.
       On page 744, line 12, strike ``(9)'' and insert ``(10)''.
       On page 745, line 7, insert ``and other educational 
     settings'' before ``at''.
       On page 745, line 8, strike ``educational''.
       On page 745, line 9, insert ``for education'' after 
     ``activities''.
       On page 748, line 9, strike ``educational''.
       On page 748, line 9, insert ``to education'' after 
     ``technology''.
       On page 749, line 10, insert ``the National Institute for 
     Literacy'' after ``Arts,''.
       On page 750, line 16, strike ``and''.
       On page 750, between lines 16 and 17, insert the following:
       ``(v) increased access to high quality adult and family 
     education services through the use of technology for 
     instruction and professional development; and
       On page 750, line 17, strike ``(v)'' and insert ``(vi)''.
       On page 752, line 1, strike ``educational''.
       On page 752, line 2, insert ``for education'' after 
     ``technology''.
       On page 752, line 5, insert ``adult education,'' after 
     ``education,''.
       On page 752, line 15, strike ``educational applications'' 
     and insert ``applications for education''.
       On page 757, line 16, strike ``and schools'' and insert ``, 
     schools and adult education programs''.
       On page 765, line 18, insert ``a description of how the 
     product can be adapted for use by students with disabilities 
     including'' before ``provisions''.
       On page 768, line 19, strike ``EDUCATIONAL''.
       On page 768, line 20, insert ``FOR EDUCATION'' after 
     ``NETWORKS''.
       On page 771, line 21, strike ``structures and'' and insert 
     ``structures,''.
       On page 771, line 22, insert ``certification and 
     recertification of teachers, and issues related to how 
     technology fits into the school environment,'' after 
     ``rights,''.
       On page 771, line 24, strike ``highways'' and insert 
     ``infrastructure''.
       On page 771, lines 24 and 25, strike ``and make 
     recommendations to the Congress regarding such issues''.
       On page 784, lines 13 and 14, strike ``at times other than 
     the regular school day''.
       On page 789, line 18, strike ``broadcasting'' and insert 
     ``making''.
       On page 789, line 19, insert ``available`` before ``to''.
       On page 790, line 17, strike ``this part'' and insert 
     ``subsection (a)''.
       On page 791, line 22, insert ``the Department of 
     Commerce,'' after ``Agriculture,''.
       On page 798, lines 22 and 23, strike ``at times other than 
     the regular school day in order''.
       On page 799, line 9, strike ``part'' and insert 
     ``section''.
       On page 799, line 24, insert ``and ensuring that there is 
     not needless duplication of existing information 
     infrastructure'' before the semicolon.
       On page 801, line 23, strike ``part'' and insert 
     ``section''.
       On page 803, line 15, strike ``this part'' and insert 
     ``section 3203''.
       On page 804, line 19, strike ``this part'' and insert 
     ``section 3203''.
       On page 806, between lines 18 and 19, insert the following:
       ``(c) Telecommunications Programs for Continuing 
     Education.--
       ``(1) Authority.--The Secretary is authorized to award 
     grants, on a competitive basis, to eligible 
     telecommunications partnerships to enable such partnerships 
     to develop and operate one or more programs which provide on-
     line access to educational resources in support of continuing 
     education and curriculum requirements relevant to achieving a 
     secondary school diploma or its equivalent. The program 
     authorized by this section shall be designed to advance adult 
     literacy, secondary school completion and the acquisition of 
     specified competency by the end of the 12th grade, as 
     envisioned by the Goals 2000: Educate America Act.
       ``(2) Application.--Each eligible telecommunications 
     partnership desiring a grant under this section shall submit 
     an application to the Secretary. Each such application 
     shall--
       ``(A) demonstrate that the applicant will use publicly 
     funded or free public telecommunications infrastructure to 
     deliver video, voice and data in an integrated service to 
     support and assist in the acquisition of a secondary school 
     diploma or its equivalent;
       ``(B) assure that the content of the materials to be 
     delivered is consistent with the accreditation requirements 
     of the State for which such materials are used;
       ``(C) incorporate, to the extent feasible, materials 
     developed in the Federal departments and agencies and under 
     appropriate federally funded projects and programs;
       ``(D) assure that the applicant has the technological and 
     substantive experience to carry out the program; and
       ``(E) contain such additional assurances as the Secretary 
     may reasonably require.
       On page 847, beginning with line 20, strike all through 
     page 848, line 17, and insert the following:
       ``(7) Alcohol and tobacco are widely used by young people. 
     Such use can, and does, have adverse consequences for young 
     people, their families, communities, schools, and colleges. 
     Drug prevention programs for youth that address only 
     controlled drugs send an erroneous message that alcohol and 
     tobacco do not present significant problems, or that society 
     is willing to overlook their use. To be credible, messages 
     opposing illegal drug use by youth should address alcohol and 
     tobacco as well.
       ``(8) Every day approximately 3,000 children start smoking. 
     Thirty percent of all secondary school seniors are smokers. 
     Half of all new smokers begin smoking before the age of 14, 
     90 percent of such smokers begin before the age of 21, and 
     the average age of the first use of smokeless tobacco is 
     under the age of 10. Use of tobacco products has been linked 
     to serious health problems. Drug education and prevention 
     programs that include tobacco have been effective in reducing 
     teenage use of tobacco.
       On page 876, line 19, insert ``Chair of the Ounce of 
     Prevention Council,'' after ``Policy,''.
       On page 879, lines 24 and 25, strike ``, the use of 
     tobacco''.
       On page 880, line 2, strike ``and''.
       On page 880, between lines 2 and 3, insert the following:
       ``(B) prevention, early intervention, smoking cessation 
     activities, or education, related to the use of tobacco; and
       On page 880, line 3, strike ``(B)'' and insert ``(C)''.
       On page 895, between lines 11 and 12, insert the following:
                      ``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 standards and student performance 
     standards and build on Indian culture and the Indian 
     community;
       ``(B) assist local educational agencies, Indian tribes, and 
     other entities and individuals in providing Indian students 
     the opportunity to achieve such standards; and
       ``(C) meet the special educational and culturally related 
     academic needs of American Indian and Alaska Native students;
       ``(2) since the date of enactment of the initial Indian 
     Education Act in 1972, the level of involvement of Indian 
     parents in the planning, development, and implementation of 
     educational programs that affect such parents and their 
     children has increased significantly, and schools should 
     continue to foster such involvement;
       ``(3) although the number of Indian teachers, 
     administrators, and university professors has increased since 
     1972, teacher training programs are not recruiting, training, 
     or retraining a sufficient number of Indian individuals 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) during the period from 1980 to 1990, the percentage 
     of Indian individuals living at or below the poverty level 
     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 their families; and
       ``(6) research related specifically to the education of 
     Indian children and adults is very limited, and much of the 
     research is of poor quality or is 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 such students can achieve to the same challenging State 
     performance standards expected of all students.
       ``(b) Programs.--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 standards and 
     State 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) In General.--A local educational agency shall be 
     eligible for a grant under this part for any fiscal year if 
     the number of Indian children who are eligible under section 
     6106 and were enrolled in the schools of such agency and to 
     whom the agency provided a free public education, during the 
     preceding fiscal year--
       ``(1) was at least 10; or
       ``(2) constituted not less than 25 percent of the total 
     number of individuals enrolled in the schools of such agency.
       ``(b) Indian Tribes.--If a local educational agency that is 
     eligible for a grant under this part does not apply for such 
     grant, an Indian tribe that has children who are served by 
     such local educational agency may apply for such grant.

     ``SEC. 6103. AMOUNT OF GRANTS.

       ``(a) Amount of Grant Awards.--
       ``(1) In general.--Except as provided in subsection (b) and 
     paragraph (2), the Secretary shall allocate to each local 
     educational agency with respect to which the Secretary has 
     approved an application under this part an amount equal to 
     the product of--
       ``(A) the number of Indian children who are eligible under 
     section 6106 and served by such agency; and
       ``(B) the greater of--
       ``(i) the average per-pupil expenditure of the State in 
     which such agency is located; or
       ``(ii) 80 percent of the average per-pupil expenditure in 
     the United States.
       ``(2) Reduction.--The Secretary shall reduce the amount of 
     each allocation determined under paragraph (1) in accordance 
     with subsection (e).
       ``(b) Minimum Grant.--A local educational agency or an 
     Indian tribe (as authorized under section 6102(b)) that is 
     eligible for a grant under section 6102, and a school that is 
     operated or supported by the Bureau of Indian Affairs that is 
     eligible for a grant under subsection (d), that submits an 
     application that is approved by the Secretary, shall, subject 
     to appropriations, receive a grant under this part in an 
     amount that is not less than $4,000.
       ``(c) Definition.--For the purpose of this section, the 
     average per-pupil expenditure of a State shall be an amount 
     equal to--
       ``(1) the sum of 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; divided by
       ``(2) the aggregate number of children who were included 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 general.--In addition to the grants awarded under 
     subsection (a), and subject to paragraph (2), 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 such tribe under a contract with, or grant from, the 
     Department of the Interior under the Indian Self-
     Determination Act or the Tribally Controlled Schools Act of 
     1988 (part B of title V of the Augustus F. Hawkins-Robert T. 
     Stafford Elementary and Secondary School Improvement 
     Amendments of 1988); 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) Transfer.-- The Secretary shall transfer the amount 
     determined under paragraph (1), subject to any reduction that 
     may be necessary under subsection (e), to the Secretary of 
     the Interior in accordance with, and subject to, section 
     10205.
       ``(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) Application Required.--Each 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 application 
     submitted under subsection (a) shall include a comprehensive 
     program for meeting the needs of Indian children served by 
     the local educational agency, including the language and 
     cultural needs of the children, that--
       ``(1) provides programs and activities to meet the 
     culturally related academic needs of American Indian and 
     Alaska Native students;
       ``(2) explains how Federal, State, and local programs, 
     especially programs under title I, will meet the needs of 
     such children;
       ``(3) demonstrates how funds made available under this part 
     will be used for activities described in section 6105;
       ``(4) describes the professional development opportunities 
     that will 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 program 
     assisted under this part have been properly trained to carry 
     out such program; and
       ``(5) describes how the local educational agency--
       ``(A) will periodically assess the progress of all Indian 
     children enrolled in the schools of the local educational 
     agency, including Indian children who do not participate in 
     programs assisted under this part, in meeting the goals 
     described in paragraph (2);
       ``(B) will provide the results of each assessment referred 
     to in subparagraph (A) to--
       ``(i) the committee of parents described in subsection 
     (c)(4); and
       ``(ii) the community served by the local educational 
     agency; and
       ``(C) is responding to findings of any previous assessments 
     that are similar to the assessments described in subparagraph 
     (A).
       ``(c) Assurances.--Each application submitted under 
     subparagraph (a) shall 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 the Federal funds made available under this 
     part, such 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 functions of the Secretary under this 
     part; and
       ``(B) determine the extent to which funds provided to the 
     local educational agency under this part are effective in 
     improving the educational achievement of Indian students 
     served by such agency;
       ``(3) the program for which assistance is sought--
       ``(A) is based on a local assessment and prioritization of 
     the special educational and culturally related academic needs 
     of the American Indian and Alaska Native students for whom 
     the local educational agency is providing an education;
       ``(B) will use the best available talents and resources, 
     including individuals from the Indian community; and
       ``(C) was developed by such agency in open consultation 
     with parents of Indian children and teachers, and, if 
     appropriate, Indian students from secondary schools, 
     including public hearings held by such agency to provide the 
     individuals described in this subparagraph a full opportunity 
     to understand the program and to offer recommendations 
     regarding the program; and
       ``(4) the local educational agency developed the program 
     with the participation and written approval of a committee--
       ``(A) that is composed of, and selected by--
       ``(i) Indian parents of Indian children in the schools of 
     the local educational agency, and teachers; and
       ``(ii) if appropriate, Indian students attending secondary 
     schools;
       ``(B) the membership of which is at least three-fourths 
     Indian parents of Indian children;
       ``(C) 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;
       ``(D) with respect to an application describing a 
     schoolwide program in accordance with section 6105(c), has--
       ``(i) reviewed the program; and
       ``(ii) determined that the program will not diminish the 
     availability of culturally related activities for American 
     Indians and Alaskan Native students; and
       ``(E) has adopted reasonable bylaws for the conduct of the 
     activities of the committee and abides by such bylaws.

     ``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, in a manner consistent with the purpose specified in 
     section 6101, for services and activities that--
       ``(1) are designed to carry out the comprehensive plan of 
     the local educational agency for Indian students, and 
     described in the application of the local educational agency 
     submitted to the Secretary under section 6104(b);
       ``(2) are designed with special regard for the language and 
     cultural needs of the Indian students; and
       ``(3) supplement and enrich the regular school program of 
     such agency.
       ``(b) Particular Activities.--The services and activities 
     referred to in subsection (a) may include--
       ``(1) culturally related activities that support the 
     program described in the application submitted by the local 
     educational agency;
       ``(2) early childhood and family programs that emphasize 
     school readiness;
       ``(3) enrichment programs that focus on problem-solving and 
     cognitive skills development and directly support the 
     attainment of challenging State content standards and State 
     student performance standards;
       ``(4) integrated educational services in combination with 
     other programs that meet the needs of Indian children and 
     their families;
       ``(5) school-to-work transition activities to enable Indian 
     students to participate in programs such as the programs 
     supported by the School-to-Work Opportunities Act of 1994 and 
     the Carl D. Perkins Vocational and Applied Technology 
     Education Act, including programs for technical preparation, 
     mentoring, and apprenticeship;
       ``(6) activities to educate individuals concerning 
     substance abuse and to prevent substance abuse; and
       ``(7) the acquisition of equipment, but only if the 
     acquisition of the equipment is essential to meet the purpose 
     described in section 6101.
       ``(c) Schoolwide Programs.--Notwithstanding any other 
     provision of law, a local educational agency may use funds 
     made available to the agency under this part to support a 
     schoolwide program under section 1114 if--
       ``(1) at least 50 percent of the enrollment of the school 
     that is the subject of the schoolwide program is comprised of 
     Indian children;
       ``(2) the committee composed of parents established 
     pursuant to section 6104(c)(4) approves the use of the funds 
     for the schoolwide program; and
       ``(3) the schoolwide program is consistent with the purpose 
     described in section 6101.

     ``SEC. 6106. STUDENT ELIGIBILITY AND FORMS.

       ``(a) In General.--The Secretary shall require that, as 
     part of an application for a grant under this part, each 
     applicant shall maintain a file, with respect to each Indian 
     child for whom the local educational agency provides a free 
     public education, that contains a form that sets forth 
     information establishing the status of the child as an Indian 
     child eligible for assistance under this part and that 
     otherwise meets the requirements of subsection (b).
       ``(b) Forms.--
       ``(1) In general.--The form described in subsection (a) 
     shall include--
       ``(A) either--
       ``(i)(I) the name of the tribe or band of Indians (as 
     defined in section 6601(4)) with respect to which the child 
     claims membership;
       ``(II) the enrollment number establishing the membership of 
     the child (if readily available); and
       ``(III) the name and address of the organization that 
     maintains updated and accurate membership data for such tribe 
     or band of Indians; or
       ``(ii) if the child is not a member of a tribe or band 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 parent or grandparent of the child from whom the 
     child claims eligibility;
       ``(B) a statement of whether the tribe or band of Indians 
     with respect to which the child, parent or grandparent of the 
     child claims membership is federally recognized;
       ``(C) the name and address of the parent or legal guardian 
     of the child;
       ``(D) a signature of the parent or legal guardian of the 
     child that verifies the accuracy of the information supplied; 
     and
       ``(E) any other information that the Secretary considers 
     necessary to provide an accurate program profile.
       ``(2) Minimum information.--In order for a child to be 
     eligible to be counted for the purpose of computing the 
     amount of a grant award made under section 6103, an 
     eligibility form prepared pursuant to this section for a 
     child shall include--
       ``(A) the name of the child;
       ``(B) the name of the tribe or band of Indians (as defined 
     in section 6601(4)) with respect to which the child claims 
     eligibility; and
       ``(C) the dated signature of the parent or guardian of the 
     child.
       ``(3) Failure.--The failure of an applicant to furnish any 
     information described in this subsection other than the 
     information described in paragraph (2) with respect to any 
     child shall have no bearing on the determination of whether 
     the child is an eligible Indian child for the purposes of 
     determining the amount of a grant award made under section 
     6103.
       ``(c) Statutory Construction.--Nothing in this subsection 
     shall be construed to affect a definition contained in 
     section 6601.
       ``(d) Forms and Standards of Proof.--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 the eligibility of a child for entitlement 
     under the Indian Elementary and Secondary School Assistance 
     Act shall be the forms and standards of proof used--
       ``(1) to establish such eligibility; and
       ``(2) to meet the requirements of subsection (a).
       ``(e) Documentation.--For purposes of determining whether a 
     child is eligible to be counted for the purpose of computing 
     the amount of a grant under section 6103, the membership of 
     the child, or any parent or grandparent of the child, in a 
     tribe or band of Indians may be established by proof other 
     than an enrollment number, notwithstanding the availability 
     of an enrollment number for a member of such tribe, band, or 
     group. Nothing in subsection (b) shall be construed to 
     require the furnishing of an enrollment number.
       ``(f) Monitoring and Evaluation Review.--
       ``(1) In general.--(A) For each fiscal year, in order to 
     provide such information as is necessary to carry out the 
     responsibility of the Secretary to provide technical 
     assistance under this part, the Secretary shall conduct a 
     monitoring and evaluation review of a sampling of the 
     recipients of grants under this part. The sampling conducted 
     under this subparagraph shall take into account size of the 
     local educational agency and the geographic location of such 
     agency.
       ``(B) Notwithstanding any other provision of law, a local 
     educational agency may not be held liable to the United 
     States or be subject to any penalty, by reason of the 
     findings of an audit that relates to the date of completion, 
     or the date of submission, of any forms used to establish, 
     before April 28, 1988, the eligibility of a child for 
     entitlement under the Indian Elementary and Secondary School 
     Assistance Act.
       ``(2) False information.--Any local educational agency that 
     provides false information in an application for a grant 
     under this subpart shall--
       ``(A) be ineligible to apply for any other grant under this 
     part; and
       ``(B) be liable to the United States for any funds provided 
     to the local educational agency that have not been expended.
       ``(3) Excluded children.--A student who provides false 
     information for the form required under subsection (d) shall 
     not be counted for the purpose of computing the amount of a 
     grant under section 6103.
       ``(g) Distribution.--For the purposes of the distribution 
     of funds under this part to schools that receive funding from 
     the Bureau of Indian Affairs pursuant to--
       ``(1) section 1130 of the Education Amendments of 1978; and
       ``(2) the Act of April 16, 1934 (48 Stat. 596, chapter 
     147),
     the Secretary shall, in lieu of meeting the requirements of 
     this section for counting Indian children, use a count of the 
     number of students in such schools certified by the Bureau of 
     Indian Affairs.

     ``SEC. 6107. PAYMENTS.

       ``(a) In General.--Subject to subsections (b) and (c), the 
     Secretary shall pay to each local educational agency that 
     submits an application that is approved by the Secretary 
     under this part the amount determined under section 6103. The 
     Secretary shall notify the local educational agency of the 
     amount of the payment not later than June 1 of the year for 
     which the Secretary makes the payment.
       ``(b) Payments Taken Into Account by the State.--The 
     Secretary may not make a grant under this part to a local 
     educational agency for a fiscal year if, for such fiscal 
     year, the State in which the local educational agency is 
     located takes into consideration payments made 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 the State aid, with 
     respect to the free public education of children during such 
     fiscal year or the preceding fiscal year.
       ``(c) Reduction of Payment for Failure To Maintain Fiscal 
     Effort.--
       ``(1) In general.--The Secretary may not pay a local 
     educational agency the full amount of a grant award 
     determined under section 6103 for any fiscal year unless the 
     State educational agency notifies the Secretary, and the 
     Secretary determines, that with respect to the provision of 
     free public education by the local educational agency for the 
     preceding fiscal year, the combined fiscal effort of the 
     local educational agency, computed on either a per student or 
     aggregate expenditure basis was not less than 90 percent of 
     the amount of the combined fiscal effort, computed on the 
     same basis, for the second preceding fiscal year.
       ``(2) Failure.--If, for any fiscal year, the Secretary 
     determines that a local educational agency failed to maintain 
     the fiscal effort of such agency at the level specified in 
     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) Waiver.--(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 a 
     manner that the Secretary determines will best carry out the 
     purpose of this part, any amounts that--
       ``(1) based on estimates made by local educational agencies 
     or other information, the Secretary determines will not be 
     needed by such agencies to carry out approved programs 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) Purpose.--
       ``(1) In general.--It is the purpose of this section to 
     support projects to develop, test, and demonstrate the 
     effectiveness of services and programs to improve educational 
     opportunities and achievement of Indian children.
       ``(2) Coordination.--The Secretary shall take such actions 
     as are necessary to achieve the coordination of activities 
     assisted under this part with--
       ``(A) other programs funded under this Act; and
       ``(B) other Federal programs operated for the benefit of 
     American Indian and Alaska Native children.
       ``(b) Eligible Entities.--For the purpose of this section, 
     the term `eligible entity' means a State educational agency, 
     local educational agency, Indian tribe, Indian organization, 
     federally supported elementary and secondary school for 
     Indian students, Indian institution, including an Indian 
     institutions of higher education, or a consortium of such 
     institutions.
       ``(c) Grants Authorized.--
       ``(1) In general.--The Secretary shall award grants to 
     eligible entities to enable such entities to carry out 
     activities that meet the purpose specified in subsection 
     (a)(1), including--
       ``(A) innovative programs related to the educational needs 
     of educationally deprived children;
       ``(B) educational services that are not available to such 
     children in sufficient quantity or quality, including 
     remedial instruction, to raise the achievement of Indian 
     children in one or more of the core academic subjects as such 
     subjects are described in the third National Education Goal 
     described in section 102(3) of the Goals 2000: Educate 
     America Act;
       ``(C) bilingual and bicultural programs and projects;
       ``(D) special health and nutrition services, and other 
     related activities, that address the special health, social, 
     and psychological problems of Indian children;
       ``(E) special compensatory and other programs and projects 
     designed to assist and encourage Indian children to enter, 
     remain in, or reenter school, and to increase the rate of 
     secondary school graduation;
       ``(F) comprehensive guidance, counseling, and testing 
     services;
       ``(G) early childhood and kindergarten programs, including 
     family-based preschool programs that emphasize school 
     readiness and parental skills, and the provision of services 
     to Indian children with disabilities;
       ``(H) partnership projects between local educational 
     agencies and institutions of higher education that allow 
     secondary school students to enroll in courses at the 
     postsecondary level to aid such students in the transition 
     from secondary school to postsecondary education;
       ``(I) partnership projects between schools and local 
     businesses for school-to-work transition programs designed to 
     provide Indian youth with the knowledge and skills the youth 
     need to make an effective transition from school to a first 
     job in a high-skill, high-wage career;
       ``(J) programs designed to encourage and assist Indian 
     students to work toward, and gain entrance into, an 
     institution of higher education; and
       ``(K) other services that meet the purpose described in 
     subsection (a)(1).
       ``(2) Preservice or inservice training.--Preservice or 
     inservice training of professional and paraprofessional 
     personnel may be a part of any program assisted under this 
     section.
       ``(d) Grant Requirements and Applications.--
       ``(1) Grant requirements.--(A) The Secretary may make 
     multiyear grants under this section for the planning, 
     development, pilot operation, or demonstration of any 
     activity described in subsection (c) for a period not to 
     exceed 5 years.
       ``(B) In making multiyear grants under this section, the 
     Secretary shall give priority to applications that present a 
     plan for combining two or more of the activities described in 
     subsection (c) over a period of more than 1 year.
       ``(C) The Secretary shall make a grant payment to an 
     eligible entity after the initial year of the multiyear grant 
     only if the Secretary determines that the eligible entity has 
     made substantial progress in carrying out the activities 
     assisted under the grant in accordance with the application 
     submitted under paragraph (2) and any subsequent 
     modifications to such application.
       ``(D)(i) In addition to awarding the multiyear grants 
     described in subparagraph (A), the Secretary may award grants 
     to eligible entities for the dissemination of exemplary 
     materials or programs assisted under this section.
       ``(ii) The Secretary may award a dissemination grant under 
     this subparagraph if, prior to awarding the grant, the 
     Secretary determines that the material or program to be 
     disseminated has been adequately reviewed and has a 
     demonstrated--
       ``(I) educational merit; and
       ``(II) the ability to be replicated.
       ``(2) Application.--(A) Any eligible entity that desires to 
     receive a grant under this subsection shall submit an 
     application to the Secretary at such time and in such manner 
     as the Secretary may require.
       ``(B) Each application submitted to the Secretary under 
     subparagraph (A) shall contain--
       ``(i) a description of how parents of Indian children and 
     representatives of Indian tribes have been, and will be, 
     involved in developing and implementing the activities for 
     which assistance is sought;
       ``(ii) assurances that the applicant will participate, at 
     the request of the Secretary, in any national evaluation of 
     activities assisted under this section; and
       ``(iii) such other assurances and information as the 
     Secretary may reasonably require.

     ``SEC. 6202. PROFESSIONAL DEVELOPMENT.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to increase the number of qualified Indian 
     individuals in professions that serve Indian people;
       ``(2) to provide training to qualified Indian individuals 
     to enable such individuals to become teachers, 
     administrators, teacher aides, social workers, and ancillary 
     educational personnel; and
       ``(3) to improve the skills of qualified Indian individuals 
     who serve in the capacities described in paragraph (2).
       ``(b) Eligible Entities.--For the purpose of this section, 
     the term `eligible entity' means--
       ``(1) an institution of higher education, including an 
     Indian institution of higher education;
       ``(2) a State or local educational agency, in consortium 
     with an institutions of higher education; and
       ``(3) an Indian tribe or organization, in consortium with 
     an institution of higher education.
       ``(c) Program Authorized.--The Secretary is authorized to 
     award grants to eligible entities having applications 
     approved under this section to enable such entities to carry 
     out the activities described in subsection (d).
       ``(d) Authorized Activities.--
       ``(1) In general.--Grant funds under this section shall be 
     used to provide support and training for Indian individuals 
     in a manner consistent with the purposes of this section. 
     Such activities may include continuing programs, symposia, 
     workshops, conferences, and direct financial support.
       ``(2) Special rules.--(A) For education personnel, the 
     training received pursuant to a grant under this section may 
     be inservice or preservice training.
       ``(B) For individuals who are being trained to enter any 
     field other than education, the training received pursuant to 
     a grant under this section shall be in a program that results 
     in a graduate degree.
       ``(e) Application.--
       ``(1) In general.--Each eligible entity desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time, in such manner and accompanied by 
     such information, as the Secretary may reasonably require.
       ``(2) Preference.--In awarding grants under this section, 
     the Secretary shall give preference to applications 
     describing programs that train Indian individuals.
       ``(f) Special Rule.--In making grants under this section, 
     the Secretary--
       ``(1) shall consider the prior performance of the eligible 
     entity; and
       ``(2) may not limit eligibility to receive a grant under 
     this section on the basis of--
       ``(A) the number of previous grants the Secretary has 
     awarded such entity; or
       ``(B) the length of any period during which such entity 
     received such grants.
       ``(g) Grant Period.--Each grant under this section shall be 
     awarded for a program of not more than 5 years.
       ``(h) Service Obligation.--
       ``(1) In general.--The Secretary shall require, by 
     regulation, that an individual who receives training pursuant 
     to a grant made under this section--
       ``(A) perform work--
       ``(i) related to the training received under this section; 
     and
       ``(ii) that benefits Indian people; or
       ``(B) repay all or a prorated part of the assistance 
     received.
       ``(2) Reporting.--The Secretary shall establish, by 
     regulation, a reporting procedure under which a grant 
     recipient under this section shall, not later than 12 months 
     after the date of completion of the training, and 
     periodically thereafter, provide information concerning the 
     compliance of such recipient with the work requirement under 
     paragraph (1).

     ``SEC. 6203. FELLOWSHIPS FOR INDIAN STUDENTS.

       ``(a) Fellowships.--
       ``(1) Authority.--The Secretary is authorized to award 
     fellowships to Indian students to enable such students to 
     study in graduate and professional programs at institutions 
     of higher education.
       ``(2) Requirements.--The fellowships described in paragraph 
     (1) shall be awarded to Indian students to enable such 
     students to pursue a course of study--
       ``(A) of not more than 4 academic years; and
       ``(B) that leads--
       ``(i) toward a postbaccalaureate degree in medicine, 
     clinical psychology, psychology, law, education, and related 
     fields; or
       ``(ii) to an undergraduate or graduate degree in 
     engineering, business administration, natural resources, and 
     related fields.
       ``(b) Stipends.--The Secretary shall pay to Indian students 
     awarded fellowships under subsection (a) such stipends 
     (including allowances for subsistence of such students and 
     dependents of such students) as the Secretary determines 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 is pursuing a course of 
     study, such amount as the Secretary determines to be 
     necessary to cover the cost of education provided the 
     fellowship recipient.
       ``(d) Special Rules.--
       ``(1) In general.--If a fellowship awarded under subsection 
     (a) is vacated prior to the end of the period for which the 
     fellowship is awarded, the Secretary may award an additional 
     fellowship for the unexpired portion of the period of the 
     fellowship.
       ``(2) Written notice.--Not later than 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--
       ``(A) the amount of the fellowship; and
       ``(B) any stipends or other payments that will be made 
     under this section to, or for the benefit of, the individual 
     for the academic term.
       ``(3) Priority.--In awarding fellowships under subsection 
     (a), the Secretary shall give priority to awarding not more 
     than 10 percent of such fellowships to Indian students who 
     are receiving training in guidance counseling with a 
     specialty in the area of alcohol and substance abuse 
     counseling and education.
       ``(e) Service Obligation.--
       ``(1) In general.--The Secretary shall require, by 
     regulation, that an individual who receives financial 
     assistance under this section--
       ``(A) perform work--
       ``(i) related to the training for which the individual 
     receives assistance under this section; and
       ``(ii) that benefits Indian people; or
       ``(B) repay all or a prorated portion of such assistance.
       ``(2) Reporting procedure.--The Secretary shall establish, 
     by regulation, a reporting procedure under which the 
     recipient of training assistance under this section, not 
     later than 12 months after the date of completion of the 
     training and periodically thereafter, shall provide 
     information concerning the compliance of such recipient with 
     the work requirement under paragraph (1).
       ``(f) Administration of Fellowships.--The Secretary may 
     administer the fellowships authorized under this section 
     through a grant to, or contract or cooperative agreement 
     with, an Indian organization with demonstrated qualifications 
     to administer all facets of the program assisted under this 
     section.

     ``SEC. 6204. GIFTED AND TALENTED.

       ``(a) Program Authorized.--The Secretary is authorized to--
       ``(1) establish two centers for gifted and talented Indian 
     students at tribally controlled community colleges in 
     accordance with this section; and
       ``(2) support demonstration projects described in 
     subsection (c).
       ``(b) Eligible Entities.--The Secretary shall make grants 
     to, or enter into contracts, for the activities described in 
     subsection (a), with--
       ``(1) two tribally controlled community colleges that--
       ``(A) are eligible for funding under the Tribally 
     Controlled Community College Assistance Act of 1978; and
       ``(B) are accredited by a State or regional accrediting 
     agency or organization; or
       ``(2) if the Secretary does not receive applications that 
     the Secretary determines to be approvable from two colleges 
     that meet the requirements of paragraph (1), the American 
     Indian Higher Education Consortium.
       ``(c) Use of Funds.--
       ``(1) In general.--The grants made, or contracts entered 
     into, by the Secretary under subsection (a) shall be used 
     for--
       ``(A) the establishment of centers described in subsection 
     (a); and
       ``(B) carrying out demonstration projects designed to--
       ``(i) address the special needs of Indian students in 
     elementary and secondary schools who are gifted and talented; 
     and
       ``(ii) provide such support services to the families of the 
     students described in clause (i) as are needed to enable such 
     students to benefit from the projects.
       ``(2) Subcontracts.--Each recipient of a grant or contract 
     under subsection (a) may enter into a contract with any other 
     entity, including the Children's Television Workshop, to 
     carry out the demonstration project under this subsection.
       ``(3) Demonstration projects.--Demonstration projects 
     assisted under subsection (a) may include--
       ``(A) the identification of the special needs of gifted and 
     talented Indian students, particularly at the elementary 
     school level, giving attention to--
       ``(i) the emotional and psychosocial needs of such 
     students; and
       ``(ii) providing such support services to the families of 
     such students as are needed to enable such students to 
     benefit from the project;
       ``(B) the conduct of educational, psychosocial, and 
     developmental activities that the Secretary determines holds 
     a reasonable promise of resulting in substantial progress 
     toward meeting the educational needs of such gifted and 
     talented children, including--
       ``(i) demonstrating and exploring the use of Indian 
     languages and exposure to Indian cultural traditions; and
       ``(ii) mentoring and apprenticeship programs;
       ``(C) the provision of technical assistance and the 
     coordination of activities at schools that receive grants 
     under subsection (d) with respect to the activities assisted 
     under such grants, the evaluation of programs assisted under 
     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 
     disseminating information derived from the demonstration 
     projects conducted under subsection (a); and
       ``(F) appropriate research, evaluation, and related 
     activities pertaining to the needs of such children and to 
     the provision of such support services to the families of 
     such children that are needed to enable such children to 
     benefit from the project.
       ``(4) Application.--Each entity desiring a grant under 
     subsection (a) shall submit an application to the Secretary 
     at such time and in such manner as the Secretary may 
     prescribe.
       ``(d) Additional Grants.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of the Interior, shall award 5 grants to schools 
     funded by the Bureau of Indian Affairs (hereafter in this 
     section referred to as `Bureau schools') for program research 
     and development 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 with an interest in pursuing teaching 
     careers);
       ``(C) students with special culturally related academic 
     needs, including students with social, lingual, and cultural 
     needs; or
       ``(D) mathematics and science education.
       ``(2) Applications.--Each Bureau school desiring a grant 
     under this subsection shall submit an application to the 
     Secretary in such form and at such time as the Secretary may 
     prescribe.
       ``(3) Special rule.--Each application described in 
     paragraph (2) shall be developed, and each grant under this 
     subsection shall be administered, jointly by the supervisor 
     of the Bureau school and the local educational agency serving 
     such school.
       ``(4) Requirements.--In awarding grants under paragraph 
     (1), the Secretary shall achieve a mixture of the programs 
     described in paragraph (1) that ensures that Indian students 
     at all grade levels and in all geographic areas of the United 
     States are able to participate in a program assisted under 
     this subsection.
       ``(5) Grant period.--Subject to the availability of 
     appropriations, grants under paragraph (1) shall be awarded 
     for a 3-year period and may be renewed by the Secretary for 
     additional 3-year periods if the Secretary determines that 
     the performance of the grant recipient has been satisfactory.
       ``(6) Dissemination.--The dissemination of any materials 
     developed from activities assisted under paragraph (1) shall 
     be carried out in cooperation with entities that receive 
     funds pursuant to subsection (b).
       ``(7) Evaluation costs.--(A) The costs of evaluating any 
     activities assisted under paragraph (1) shall be divided 
     between the Bureau schools conducting such activities and the 
     recipients of grants or contracts under subsection (b) who 
     conduct demonstration projects under such subsection.
       ``(B) If no funds are provided under subsection (b) for--
       ``(i) the evaluation of activities assisted under paragraph 
     (1);
       ``(ii) technical assistance and coordination with respect 
     to such activities; or
       ``(iii) the dissemination of the evaluations referred to in 
     clause (i),
     then the Secretary shall make such grants, or enter into such 
     contracts, as are necessary to provide for the evaluations, 
     technical assistance, and coordination of such activities, 
     and the dissemination of the evaluations.
       ``(e) Information Network.--The Secretary shall encourage 
     each recipient of a grant or contract under this section to 
     work cooperatively as part of a national network to ensure 
     that the information developed by the grant or contract 
     recipient is readily available to the entire educational 
     community of the United States.

     ``SEC. 6205. GRANTS FOR EVALUATION AND TECHNICAL ASSISTANCE.

       ``(a) In General.--The Secretary may award grants to, and 
     enter into contracts with, public agencies, State educational 
     agencies in States in which more than 5,000 Indian children 
     are enrolled in public elementary and secondary schools, 
     Indian tribes, Indian institutions, Indian organizations, and 
     private institutions and organizations, to establish, on a 
     regional basis, information centers that shall--
       ``(1) evaluate programs that receive assistance under this 
     title and evaluate other Indian education programs in order 
     to--
       ``(A) determine the effectiveness of the programs in 
     meeting the special educational and culturally related 
     academic needs of Indian children and adults; and
       ``(B) conduct research to determine the needs described in 
     subparagraph (A);
       ``(2) provide technical assistance in the form of materials 
     and personnel resources, upon request, to local educational 
     agencies and Indian tribes, Indian organizations, Indian 
     institutions, and committees described in section 6104(c)(4) 
     in evaluating and carrying out activities assisted under this 
     title; and
       ``(3) disseminate information, upon request, to the 
     entities described in paragraph (1) concerning all Federal 
     education programs that affect the education of Indian 
     children and adults, including information concerning 
     successful models and programs designed to meet the special 
     educational needs of Indian children.
       ``(b) Period of Grant or Contract.--Each grant or contract 
     under this section may be for a period of not more than 3 
     years, and may be renewed for an additional 3-year period if 
     the Secretary annually reviews the performance of the grant 
     recipient and determines that satisfactory progress has been 
     made.
       ``(c) Use of Funds.--The Secretary may award grants and 
     enter into contracts with Indian tribes, institutions, and 
     organizations, and public agencies and institutions for--
       ``(1) the dissemination, on a national basis, of 
     information concerning education programs, services, and 
     resources available to Indian children and adults, including 
     evaluations of such programs, services, and resources; and
       ``(2) the evaluation of the effectiveness of federally 
     assisted programs in which Indian children and adults may 
     participate in achieving the purposes of such programs 
     relating to Indian children and adults.
       ``(d) State Agency Grants and Contracts.--The Secretary 
     shall award not more than 15 percent of the funds 
     appropriated under subsection (g) for each fiscal year to 
     State educational agencies.
       ``(e) Application.--
       ``(1) In general.--Each entity desiring assistance under 
     this section shall submit an application to the Secretary at 
     such time, in such manner, and accompanied by such 
     information as the Secretary may reasonably require.
       ``(2) Priority.--In approving applications under this 
     section, the Secretary shall give priority to Indian 
     educational agencies, organizations, and institutions.
       ``(3) Approval.--The Secretary may approve an application 
     under this section, only if the Secretary determines that the 
     funds made available under this section will be used to 
     supplement the level of funds from State, local, and other 
     Federal sources that would, in the absence of Federal funds 
     provided under this section, be made available by the State 
     or local educational agency for the activities described in 
     this section, and in no case will be used to supplant such 
     funds.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Department of Education 
     $8,000,000 for each of the fiscal years 1995 through 1999 to 
     carry out this section.

     ``SEC. 6206. GRANTS TO TRIBES FOR EDUCATION ADMINISTRATIVE 
                   PLANNING AND DEVELOPMENT.

       ``(a) In General.--The Secretary may make grants to Indian 
     tribes, and tribal organizations approved by Indian tribes, 
     to plan and develop a centralized tribal administrative 
     entity to--
       ``(1) coordinate all education programs operated by the 
     tribe or within the territorial jurisdiction of the tribe;
       ``(2) develop education codes for schools within the 
     territorial jurisdiction of the tribe;
       ``(3) provide support services and technical assistance to 
     schools serving children of the tribe; and
       ``(4) perform child-find screening services for the 
     preschool-aged children of the tribe to--
       ``(A) ensure placement in appropriate educational 
     facilities; and
       ``(B) coordinate the provision of any needed special 
     services for conditions such as disabilities and English 
     language skill deficiencies.
       ``(b) Period of Grant.--Each grant under this section may 
     be awarded for a period of not more than 3 years, except that 
     such grant may be renewed upon the termination of the initial 
     period of the grant if the grant recipient demonstrates to 
     the satisfaction of the Secretary that renewing the grant for 
     an additional 3-year period is necessary to carry out the 
     objectives of the grant described in subsection (c)(2)(A).
       ``(c) Application for Grant.--
       ``(1) In general.--Each Indian tribe and tribal 
     organization desiring a grant under this section shall submit 
     an application to the Secretary at such time, in such manner, 
     containing such information, and consistent with such 
     criteria, as the Secretary may prescribe in regulations.
       ``(2) Contents.--Each application described in paragraph 
     (1) shall contain--
       ``(A) a statement describing the activities to be 
     conducted, and the objectives to be achieved, under the 
     grant; and
       ``(B) a description of the method to be used for evaluating 
     the effectiveness of the activities for which assistance is 
     sought and determining whether such objectives are achieved.
       ``(3) Approval.--The Secretary may approve an application 
     submitted by a tribe or tribal organization pursuant to this 
     section only if the Secretary is satisfied that such 
     application, including any documentation submitted with the 
     application--
       ``(A) demonstrates that the applicant has consulted with 
     other education entities, if any, within the territorial 
     jurisdiction of the applicant who will be affected by the 
     activities to be conducted under the grant;
       ``(B) provides for consultation with such other education 
     entities in the operation and evaluation of the activities 
     conducted under the grant; and
       ``(C) demonstrates that there will be adequate resources 
     provided under this section or from other sources to complete 
     the activities for which assistance is sought, except that 
     the availability of such other resources shall not be a basis 
     for disapproval of such application.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Department of Education 
     $3,000,000 for each of the fiscal years 1995 through 1999 to 
     carry out this section.

   ``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 award grants to 
     State and local educational agencies, and to Indian tribes, 
     institutions, and organizations--
       ``(1) to support planning, pilot, and demonstration 
     projects that 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 that are designed to stimulate--
       ``(A) basic literacy opportunities for all nonliterate 
     Indian adults; and
       ``(B) the provision of opportunities to all Indian adults 
     to qualify for a secondary school diploma, or its recognized 
     equivalent, 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 literacy and secondary school equivalency for 
     Indians;
       ``(4) to provide for basic surveys and evaluations to 
     define accurately the extent of the problems of illiteracy 
     and lack of secondary 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 that may offer 
     educational opportunities to Indian adults.
       ``(b) Educational Services.--The Secretary may make grants 
     to Indian tribes, institutions, and organizations to develop 
     and establish educational services and programs specifically 
     designed to improve educational opportunities for Indian 
     adults.
       ``(c) Information and Evaluation.--The Secretary may make 
     grants to, and 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 of the programs, 
     services, and resources; and
       ``(2) the evaluation of federally assisted programs in 
     which Indian adults may participate to determine the 
     effectiveness of the programs in achieving the purposes of 
     the programs with respect to Indian adults.
       ``(d) Applications.--
       ``(1) In general.--Each entity desiring a grant under this 
     section shall submit to the Secretary an application at such 
     time, in such manner, containing such information, and 
     consistent with such criteria, as the Secretary may prescribe 
     in regulations.
       ``(2) Contents.--Each application described in paragraph 
     (1) shall contain--
       ``(A) a statement describing the activities to be 
     conducted, and the objectives to be achieved, under the 
     grant; and
       ``(B) a description of the method to be used for evaluating 
     the effectiveness of the activities for which assistance is 
     sought and determining whether the objectives of the grant 
     are achieved.
       ``(3) Approval.--The Secretary shall not approve an 
     application described in paragraph (1) unless the Secretary 
     determines that such application, including any documentation 
     submitted with the application, indicates--
       ``(A) there has been adequate participation, by the 
     individuals to be served and appropriate tribal communities, 
     in the planning and development of the activities to be 
     assisted; and
       ``(B) the individuals and tribal communities referred to in 
     subparagraph (A) will participate in the operation and 
     evaluation of the activities to be assisted.
       ``(4) Priority.--In approving applications under paragraph 
     (1), the Secretary shall give priority to applications from 
     Indian educational agencies, organizations, and institutions.

                 ``PART D--NATIONAL RESEARCH ACTIVITIES

     ``SEC. 6401. NATIONAL ACTIVITIES.

       ``(a) Authorized Activities.--The Secretary may use funds 
     made available under section 6602(b) for each fiscal year 
     to--
       ``(1) conduct research related to effective approaches for 
     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 that are consistent with 
     the purpose of this title.
       ``(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 
     Assistant Secretary for Educational Research and Improvement 
     to ensure that such activities are coordinated with and 
     enhance the research and development activities supported by 
     the Office of Educational Research and Improvement; and
       ``(2) may include collaborative research activities that 
     are jointly funded and carried out by the Office of Indian 
     Education and the Office of Educational Research and 
     Improvement.

                    ``PART E--FEDERAL ADMINISTRATION

     ``SEC. 6501. NATIONAL ADVISORY COUNCIL ON INDIAN EDUCATION.

       ``(a) Membership.--There is established a National Advisory 
     Council on Indian Education (hereafter in this section 
     referred to 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 United 
     States.
       ``(b) Duties.--The Council shall--
       ``(1) advise the Secretary concerning the funding and 
     administration (including the development of regulations and 
     administrative policies and practices) of any program, 
     including any program established under this title--
       ``(A) with respect to which the Secretary has jurisdiction; 
     and
       ``(B)(i) that includes Indian children or adults as 
     participants; or
       ``(ii) that may benefit Indian children or adults;
       ``(2) make recommendations to the Secretary for filling the 
     position of Director of Indian Education whenever a vacancy 
     occurs; and
       ``(3) submit to the Congress, not later than June 30 of 
     each year, a report on the activities of the Council, 
     including--
       ``(A) any recommendations that the Council considers 
     appropriate for the improvement of Federal education programs 
     that include Indian children or adults as participants, or 
     that may benefit Indian children or adults; and
       ``(B) recommendations concerning the funding of any program 
     described in subparagraph (A).

     ``SEC. 6502. PEER REVIEW.

       ``The Secretary may use a peer review process to review 
     applications submitted to the Secretary under part B, C, or 
     D.

     ``SEC. 6503. PREFERENCE FOR INDIAN APPLICANTS.

       ``In making grants under part B, C, or D, the Secretary 
     shall give a preference to Indian tribes, organizations, and 
     institutions of higher education under any program with 
     respect to which Indian tribes, organizations, and 
     institutions are eligible to apply for grants.

     ``SEC. 6504. MINIMUM GRANT CRITERIA.

       ``The Secretary may not approve an application for a grant 
     under part B or C unless the application is for a grant that 
     is--
       ``(1) of sufficient size, scope, and quality to achieve the 
     purpose or objectives of such grant; and
       ``(2) based on relevant research findings.

        ``PART F--DEFINITIONS; AUTHORIZATIONS OF APPROPRIATIONS

     ``SEC. 6601. DEFINITIONS.

       ``As used in this title:
       ``(1) Adult.--The term `adult' means an individual who--
       ``(A) has attained the age of 16 years; or
       ``(B) has attained an age that is greater than the age of 
     compulsory school attendance under an applicable State law.
       ``(2) Adult education.--The term `adult education' has the 
     meaning given such term in section 312(2) of the Adult 
     Education Act.
       ``(3) Free public education.--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) Indian.--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) any tribe or band terminated since 1940; and
       ``(ii) any tribe or band recognized by the State in which 
     the tribe or band resides;
       ``(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;
       ``(D) an Eskimo, Aleut, or other Alaska Native; or
       ``(E) a member of an organized Indian group that received a 
     grant under this title prior to the date of enactment of the 
     Act entitled the `Improving America's Schools Act of 1994'.

     ``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 to the 
     Department of Education $61,300,000 for fiscal year 1995 and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years.
       ``(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 to the Department of Education $31,925,000 for 
     fiscal year 1995 and such sums as may be necessary for each 
     of the 4 succeeding fiscal years.
       ``(c) Part E.--For the purpose of carrying out part E of 
     this title, there are authorized to be appropriated to the 
     Department of Education $3,775,000 for fiscal year 1995 and 
     such sums as may be necessary for each of the 4 succeeding 
     fiscal years.

     ``SEC. 6603. CROSS REFERENCES.

       ``The Tribally Controlled Schools Act of 1988 is amended--
       ``(1) in subparagraph (C) of section 5204(a)(3) (20 U.S.C. 
     2503(a)(3)(C)), by striking ``chapter 1 of''; and
       ``(2) in section 5205 (20 U.S.C. 2504)--
       ``(A) in subsection (a)(3), by striking ``chapter 1 of''; 
     and
       ``(B) in subsection (b)--
       ``(i) in paragraph (2), by striking ``chapter 1 of''; and
       ``(ii) in paragraph (3)(A), by striking ``chapter 1 of''.
       On page 916, line 2, insert ``qualified'' after ``hire''.
       On page 917, line 22, strike ``and nature'' and insert ``, 
     nature, and past academic results''.
       On page 924, line 12, strike ``and'' after the semicolon.
       On page 924, line 15, strike the period and insert ``; 
     and''.
       On page 924, between lines 15 and 16, insert the following:
       ``(3) develop, maintain, and disseminate, through 
     comprehensive regional centers described in section 2303(a) 
     if appropriate, a listing by geographical area of education 
     professionals, parents, teachers, administrators, community 
     members and others who are native speakers of languages other 
     than English for use as a resource by local educational 
     agencies and schools in the development and implementation of 
     bilingual education programs.
       On page 948, line 4, strike ``and''.
       On page 948, line 8, strike the period and insert ``; 
     and''.
       On page 948, between lines 8 and 9, insert the following:
       ``(7) there is a strong documented need for cash flow 
     assistance to charter schools that are starting up, because 
     State and local operating revenue streams are not immediately 
     available.
       On page 949, line 8, strike ``or'' and insert ``to eligible 
     applicants or subgrants awarded''.
       On page 949, line 16, insert ``shall not award more than 
     one grant'' after ``Secretary''.
       On page 949, line 17, strike ``grant'' and insert 
     ``subgrant''.
       On page 949, line 19, strike ``Use of Grants'' and insert 
     ``Uses of Funds''.
       On page 949, line 22, strike ``grants'' and insert 
     ``subgrants''.
       On page 950, line 2, strike ``a grant'' and insert 
     ``funds''.
       On page 950, line 3, strike ``grant''.
       On page 950, between lines 5 and 6, insert the following:
       ``(3) Allowable activities.--An eligible applicant 
     receiving a grant or subgrant under this part may use the 
     grant or subgrant funds only for--
       ``(A) post-award planning and design of the educational 
     program, which may include--
       ``(i) refinement of the desired educational results and of 
     the methods for measuring progress toward achieving those 
     results; and
       ``(ii) professional development of teachers and other staff 
     who will work in the charter school; and
       ``(B) initial implementation of the charter school, which 
     may include--
       ``(i) informing the community about the school;
       ``(ii) acquiring necessary equipment and educational 
     materials and supplies;
       ``(iii) acquiring or developing curriculum materials;
       ``(iv) minor remodeling or renovation of facilities needed 
     to meet State or local health or safety laws or regulations; 
     and
       ``(v) other initial operational costs that cannot be met 
     from State or local sources.
       On page 950, line 6, strike ``(3)'' and insert ``(4)''.
       On page 950, line 12, strike ``(4)'' and insert ``(5)''.
       On page 950, line 17, strike ``grant'' and insert 
     ``subgrant''.
       On page 951, line 7, insert ``of a State Educational Agency 
     Application'' after ``Contents''.
       On page 951, line 11, strike ``shall'' and insert ``will''.
       On page 951, lines 15 and 16, strike ``and the availability 
     of grants for the establishment of such schools''.
       On page 951, strike lines 19 through 25, and insert the 
     following:
       ``(A) will grant, or will obtain, waivers of State 
     statutory or regulatory requirements provided for in the 
     State's charter schools law;
       On page 952, line 1, strike ``eligible applicant'' and 
     insert ``subgrantee''.
       On page 952, line 3, strike ``(d)'' and insert ``(e)''.
       On page 952, line 6, strike ``receiving a grant'' and 
     insert ``desiring to receive a subgrant''.
       On page 952, line 12, insert ``challenging'' after 
     ``meet''.
       On page 952, line 23, strike ``method'' and insert 
     ``methods''.
       On page 953, line 11, insert a comma after ``expired''.
       On page 953, line 15, strike ``or State''.
       On page 953, line 19, strike ``grant funds'' and insert 
     ``subgrant funds or grant funds, as appropriate,''.
       On page 953, line 21, strike ``grant'' and insert ``such''.
       On page 954, strike lines 20 through 25, and insert the 
     following:
       ``(1) In general.--Each eligible applicant desiring a grant 
     pursuant to section 8202(e)(1) or 8202(b) shall submit an 
     application to the State educational agency or Secretary, 
     respectively, at such time, in such manner, and accompanied 
     by such information as the State educational agency or 
     Secretary, respectively, may reasonably require.
       ``(d) Contents of Eligible Agency Application.--Each 
     application submitted pursuant to subsection (c) shall
       On page 955, strike all beginning with line 7, through page 
     956, line 7, and insert the following:
       ``(a) Selection Criteria for State Educational Agencies.--
     The Secretary shall award grants to State educational 
     agencies under this part on the basis of the quality of the 
     applications submitted under section 8203, after taking into 
     consideration such factors as--
       ``(1) the contribution that the charter schools grant 
     program will make to achieving State content standards and 
     State student performance standards and, in general, a 
     State's education improvement plan;
       ``(2) the degree of flexibility afforded by the State 
     educational agency to charter schools under the State's 
     charter schools law;
       ``(3) the ambitiousness of the objectives for the State 
     charter school grant program;
       ``(4) the quality of the process for assessing achievement 
     of those objectives; and
       ``(5) the likelihood that the charter school grant program 
     will meet those objectives and improve educational results 
     for students.
       ``(b) Selection Criteria for Eligible Applicants.--The 
     Secretary shall award grants to eligible applicants under 
     this part on the basis of the quality of the applications 
     submitted under section 8203, after taking into consideration 
     such factors as--
       ``(1) the quality of the proposed curriculum and 
     instructional practices;
       ``(2) the degree of flexibility afforded by the State 
     educational agency and, if applicable, the local educational 
     agency to the charter school;
       ``(3) the extent of community support for the application;
       ``(4) the ambitiousness of the objectives for the charter 
     school;
       ``(5) the quality of the process for assessing achievement 
     of those objectives; and
       ``(6) the likelihood that the charter school will meet 
     those objectives and improve educational results for 
     students.
       On page 956, line 8, strike ``(b)'' and insert ``(c)''.
       On page 956, line 10, strike ``grants'' and insert 
     ``assistance''.
       On page 956, line 12, strike ``(c)'' and insert ``(d)''.
       On page 956, line 14, strike ``, shall award grants'' and 
     insert ``shall award subgrants''.
       On page 956, line 15, insert ``and subgrants'' after 
     ``grants''.
       On page 956, line 22, strike ``(d)'' and insert ``(e)''.
       On page 957, beginning with line 7, strike all through page 
     958, line 5.
       On page 958, line 6, strike ``8206'' and insert ``8205''.
       On page 958, line 11, strike ``8204'' and insert 
     ``8204(c)''.
       On page 959, line 15, insert ``, and is operated under 
     public supervision and direction'' after ``school''.
       On page 960, line 3, strike ``Act,'' and insert ``Act of 
     1975,''.
       On page 961, line 8, strike ``8208'' and insert ``8207''.
       On page 977, line 23, strike ``Definitions;''.
       On page 977, beginning with line 24, strike all through 
     ``Construction.--'' on page 978, line 6.
       On page 981, line 19, strike ``(5)'' and insert ``(7)''.
       On page 982, line 6, strike ``(5)'' and insert ``(7)''.
       On page 1035, strike lines 14 through 23.
       On page 1036, line 1, strike ``9002'' and insert ``9001''.
       On page 1036, line 4, insert ``because certain activities 
     of the Federal Government place a financial burden on the 
     local educational agencies serving areas where such 
     activities are carried out'' after ``children,''.
       On page 1036, line 5, strike ``title'' and insert ``part''.
       On page 1036, line 22, strike ``Indian'' and insert 
     ``Federal''.
       On page 1036, line 23, strike ``9003'' and insert ``9002''.
       On page 1038, line 23, insert ``during the previous fiscal 
     year'' after ``received''.
       On page 1038, lines 24 and 25, strike ``during the previous 
     fiscal year''.
       On page 1039, line 5, strike all beginning with ``In'' 
     through line 10.
       On page 1039, line 15, strike ``9004'' and insert ``9003''.
       On page 1039, line 17, strike ``9004'' and insert ``9003''.
       On page 1042, line 11, strike ``9004'' and insert ``9003''.
       On page 1043, line 5, insert ``and is a foreign military 
     officer'' after ``government''.
       On page 1043, line 16, insert ``and is a foreign military 
     officer'' after ``government''.
       On page 1045, line 6, strike ``9015'' and insert ``9014''.
       On page 1047, line 6, strike ``9015'' and insert ``9014''.
       On page 1048, line 13, strike ``academic'' and insert 
     ``fiscal''.
       On page 1049, line 14, strike ``the'' and insert ``not 
     later than the first''.
       On page 1049, line 18, strike ``9015'' and insert ``9014''.
       On page 1049, line 23, insert ``(A)(ii),'' after 
     ``subparagraphs''.
       On page 1050, line 17, strike ``90'' and insert ``95''.
       On page 1050, line 18, insert ``for the preceding fiscal 
     year'' after ``received''.
       On page 1050, lines 21 and 22, strike ``for fiscal year 
     1994''.
       On page 1051, line 4, insert ``, except that in the second 
     such year the total amount the Secretary shall pay a local 
     educational agency under subsection (b) shall not be less 
     than 85 percent of the amount such agency received under such 
     subsection in the preceding fiscal year'' after ``years''.
       On page 1051, line 19, strike ``paragraph (1)'' and insert 
     ``paragraphs (1) and (2)''.
       On page 1051, line 24, strike ``paragraph (1)'' and insert 
     ``paragraphs (1) and (2)''.
       On page 1052, line 6, strike ``9015'' and insert ``9014''.
       On page 1052, line 16, strike ``40'' and insert ``50''.
       On page 1053, lines 7 and 8, strike ``or includes Federal 
     property under exclusive Federal jurisdiction''.
       On page 1054, strike lines 8 through 14.
       On page 1059, beginning with line 6, strike all through 
     page 1060, line 9, and insert the following:
       ``(g) Additional Payments for Local Educational Agencies 
     With High Concentrations of Children With Severe 
     Disabilities.--
       ``(1) In general.--If any local educational agency receives 
     Federal funds from sources other than this part to carry out 
     the purposes of this part for any fiscal year due to the 
     enrollment of children described under subsection (a), then 
     the Secretary shall consider such funds as a payment to such 
     agency under this part for such fiscal year.
       ``(2) Special rule.--Notwithstanding any other provision of 
     law, if funds appropriated pursuant to section 9014(b) for 
     payments under subsection (b) to such agency for a fiscal 
     year which when added to the funds described in paragraph (1) 
     received by such agency for such fiscal year exceed the 
     maximum amount described under subsection (b)(1)(C), then the 
     Secretary shall make available from the funds appropriated 
     under section 9014(b) for such fiscal year such excess 
     amounts to any local educational agency serving two or more 
     children described under subparagraph (B) or (D) of section 
     9003(a)(1) who have a severe disability and a parent serving 
     in the uniformed services (as defined by section 101 of title 
     37, United States Code) and assigned to a particular 
     permanent duty station for compassionate reasons 
     (compassionate post assignment) for the total costs 
     associated with such children who are provided an educational 
     program provided outside the schools of such agency.
       ``(3) Remaining funds.--If funds remain after payments are 
     made under paragraph (2) for any fiscal year, then such 
     remaining funds shall be made available for expenditures 
     under subsection (d) in such fiscal year on a pro rata basis 
     consistent with the requirements of such subsection.
       ``(4) Ratable reductions.--If amounts available to carry 
     out paragraph (2) for any fiscal year are insufficient to pay 
     in full the total payment that all eligible local educational 
     agencies are eligible to receive under such paragraph for 
     such year, then the Secretary shall ratably reduce such 
     payments to such agencies for such year.
       On page 1060, between lines 14 and 15, insert the 
     following:
       ``(i) Maintenance of Effort.--A local educational agency 
     may receive funds under this part for any fiscal year only if 
     the State educational agency finds that either the combined 
     fiscal effort per student or the aggregate expenditures of 
     that agency and the State with respect to the provision of 
     free public education by that agency for the preceding fiscal 
     year was not less than 90 percent of such combined fiscal 
     effort or aggregate expenditures for the second preceding 
     fiscal year.
       On page 1060, line 15, strike ``9005'' and insert ``9004''.
       On page 1060, line 19, strike ``9004'' and insert ``9003''.
       On page 1061, line 17, strike ``9004'' and insert ``9003''.
       On page 1061, line 22, strike ``9004'' and insert ``9003''.
       On page 1065, line 12, strike ``9004'' and insert ``9003''.
       On page 1066, line 18, strike ``9006'' and insert ``9005''.
       On page 1066, line 19, strike ``9003'' and insert ``9002''.
       On page 1066, line 19, strike ``9004'' and insert ``9003''.
       On page 1066, line 21, strike ``9003'' and insert ``9002''.
       On page 1066, line 21, strike ``9004'' and insert ``9003''.
       On page 1067, line 8, strike ``9005'' and insert ``9004''.
       On page 1067, line 25, strike ``9004'' and insert ``9003''.
       On page 1068, line 21, strike ``9007'' and insert ``9006''.
       On page 1069, line 12, strike ``February 1'' and insert 
     ``May 15''.
       On page 1070, line 13, strike ``9015'' and insert ``9014''.
       On page 1071, line 22, strike ``9008'' and insert ``9007''.
       On page 1071, line 24, strike ``9015'' and insert ``9014''.
       On page 1072, line 4, strike ``9004'' and insert ``9003''.
       On page 1072, line 6, strike ``9004'' and insert ``9003''.
       On page 1072, line 11, strike ``9004'' and insert ``9003''.
       On page 1072, line 12, strike ``9007'' and insert ``9006''.
       On page 1072, line 17, strike ``9015'' and insert ``9014''.
       On page 1072, line 19, strike ``9004'' and insert ``9003''.
       On page 1072, line 22, strike ``9009'' and insert ``9008''.
       On page 1073, line 7, strike ``9014'' and insert ``9013''.
       On page 1073, line 8, strike ``9009'' and insert ``9008''.
       On page 1073, line 10, strike ``9015'' and insert ``9014''.
       On page 1074, line 10, strike ``9010'' and insert ``9009''.
       On page 1076, line 2, strike ``9004'' each place such term 
     appears and insert ``9003''.
       On page 1076, line 3, strike ``9004'' and insert ``9003''.
       On page 1076, line 6, strike ``9004'' and insert ``9003''.
       On page 1076, line 7, strike ``9004'' and insert ``9003''.
       On page 1079, line 11, strike ``9011'' and insert ``9010''.
       On page 1079, line 22, strike ``9012'' and insert ``9011''.
       On page 1081, line 10, strike ``9013'' and insert ``9012''.
       On page 1082, line 1, strike ``9014'' and insert ``9013''.
       On page 1091, line 3, strike ``9015'' and insert ``9014''.
       On page 1091, line 6, strike ``9003'' and insert ``9002''.
       On page 1091, line 12, strike ``9004'' and insert ``9003''.
       On page 1091, line 16, strike ``9004'' and insert ``9003''.
       On page 1091, line 19, strike ``9004'' and insert ``9003''.
       On page 1091, line 24, strike ``9007'' and insert ``9006''.
       On page 1092, line 4, strike ``9008'' and insert ``9007''.
       On page 1092, line 8, strike ``9009'' and insert ``9008''.
       On page 1097, strike lines 6 through 14, and insert the 
     following:

     basis, to local educational agencies that--
       ``(A) have enrolled during the fiscal year for which the 
     determination is made--
       ``(i) at least 1,000 immigrant children and youth; or
       ``(ii) immigrant children and youth in numbers that 
     represent at least 10 percent of the local educational 
     agency's total student enrollment; or
       ``(B) serve small, rural and isolated school districts that 
     have little or no experience with serving immigrant children 
     and youth.
       On page 1127, between lines 11 and 12, insert the 
     following:
       ``(3) Charter school.--The term `charter school' means a 
     public school operated under public supervision and 
     direction, that is nonsectarian, provides elementary or 
     secondary education, or both, does not change tuition, and 
     complies with relevant Federal education laws.
       On page 1127, line 12, strike ``(3)'' and insert ``(4)''.
       On page 1127, line 15, strike ``(4)'' and insert ``(5)''.
       On page 1127, line 23, strike ``(5)'' and insert ``(6)''.
       On page 1128, line 3, strike ``(6)'' and insert ``(7)''.
       On page 1128, line 7, strike ``(7)'' and insert ``(8)''.
       On page 1128, line 18, strike ``(8)'' and insert ``(9)''.
       On page 1129, line 7, strike ``(9)'' and insert ``(10)''.
       On page 1129, line 9, strike ``(10)'' and insert ``(11)''.
       On page 1129, line 14, strike ``(11)'' and insert ``(12)''.
       On page 1129, line 18, strike ``(12)'' and insert ``(13)''.
       On page 1130, between lines 2 and 3, insert the following:
       ``(14) Gifted and talented.--The term `gifted and 
     talented', when used with respect to students, children or 
     youth, means students, children or youth who give evidence of 
     high performance capability in areas such as intellectual, 
     creative, artistic, or leadership capacity, or in specific 
     academic fields, and who require services or activities not 
     ordinarily provided by the school in order to fully develop 
     such capabilities.
       On page 1130, line 3, strike ``(13)'' and insert ``(15)''.
       On page 1130, line 7, strike ``(14)'' and insert ``(16)''.
       On page 1130, line 13, strike ``(15)'' and insert ``(17)''.
       On page 1131, line 12, strike ``(16)'' and insert ``(18)''.
       On page 1131, line 16, strike ``(17)'' and insert ``(19)''.
       On page 1131, line 21, strike ``(18)'' and insert ``(20)''.
       On page 1131, line 24, strike ``(19)'' and insert ``(21)''.
       On page 1132, line 3, strike ``(20)'' and insert ``(22)''.
       On page 1132, line 17, strike ``(21)'' and insert ``(23)''.
       On page 1132, line 22, strike ``(22)'' and insert ``(24)''.
       On page 1133, line 1, strike ``(23)'' and insert ``(25)''.
       On page 1133, line 4, strike ``(24)'' and insert ``(26)''.
       On page 1133, line 8, strike ``(25)'' and insert ``(27)''.
       On page 1134, line 5, strike ``and'' and insert a comma.
       On page 1134, line 7, insert ``, and administrative funds 
     under section 308(c) of the Goals 2000: Educate America Act'' 
     before the period.
       On page 1135, between lines 19 and 20, insert the 
     following:
       ``(f) Consolidation of Funds for Standards and Assessment 
     Development.--In order to develop State content standards, 
     State student performance standards, or assessments, a State 
     educational agency may consolidate the amounts made available 
     to such agency for such purposes under title I of this Act 
     and title III of the Goals 2000: Educate America Act.
       On page 1150, line 21, strike ``and''.
       On page 1150, between lines 23 and 24, insert the 
     following:
       ``(C) provides notice and information to the public 
     regarding the waiver proposal in the manner that such agency 
     customarily provides similar notices and information to the 
     public; and
       On page 1151, strike lines 1 through 4 and insert the 
     following:

     Act from a State educational agency--
       ``(A) such request has been reviewed by the State 
     educational agency and is accompanied by the comments, if 
     any, of such State educational agency; and
       ``(B) notice and information regarding the waiver proposal 
     has been provided to the public by the agency, institution, 
     or organization requesting the waiver in the manner that such 
     agency, institution, or organization customarily provides 
     similar notices and information to the public.
       On page 1152, between lines 12 and 13, insert the 
     following:
       ``(e) Publication.--A notice of the Secretary's decision to 
     grant each waiver under subsection (a) shall be published in 
     the Federal Register and the Secretary shall provide for the 
     dissemination of such notice to State educational agencies, 
     interested parties, including educators, parents, students, 
     advocacy, and civil rights organizations, other interested 
     parties, and the public.
       On page 1169, line 5, strike ``subparagraph (D)'' and 
     insert ``clauses (i) and (ii)''.
       On page 1169, line 19, strike ``subparagraph (D)'' and 
     insert ``clauses (i) and (ii)''.
       On page 1170, lines 16 and 17, strike ``subparagraph (D)'' 
     and insert ``clauses (i) and (ii)''.
       On page 1170, line 22, strike the period and insert ``; 
     and''.
       On page 1170, between lines 22 and 23, insert the 
     following:
       ``(C) a study of the waivers granted under section 10401, 
     which study shall include--
       ``(i) data on the total number of waiver requests that were 
     granted and the total number of such requests that were 
     denied, disaggregated by the statutory or regulatory 
     requirement for which the waivers were requested; and
       ``(ii) an analysis, based on an appropriate sample of 
     agencies, tribes, organizations, and institutions receiving 
     waivers, of the effectiveness of such waivers in improving 
     student performance outcomes.
       On page 1211, strike lines 4 through 6, and insert the 
     following:
       ``(a) Grants, Contracts, and Cooperative Agreements.--
       ``(1) In general.--In carrying out the Commissioner's 
     duties under this part, the Commissioner may enter into 
     grants, contracts, and cooperative agreements.
       ``(2) Special rule.--Notwithstanding any other provision of 
     law, the grants, contracts, and cooperative agreements 
     awarded competitively under this section may be awarded for a 
     period of not more than 5 years, and may be renewed at the 
     discretion of the Commissioner for an additional period of 
     not more than 5 years.
       On page 1220, lines 5 and 6, strike ``for the fiscal year 
     for which such funds are received''.
       On page 1226, strike lines 10 through 20.
       On page 1238, line 3, strike ``or''.
       On page 1238, line 7, strike the period and insert ``; 
     or''.
       On page 1238, between lines 7 and 8, insert the following:
       ``(iv) has at least 7,500 students in average daily 
     attendance at the schools of such agency and in which at 
     least 50 percent of such students are from families with an 
     income below the poverty level determined by using criteria 
     of poverty established by the Bureau of the Census.
       On page 1296, line 25, strike the end quotation marks.
       On page 1296, after line 25, insert the following:
                     ``TITLE XVII--GUN-FREE SCHOOLS

     ``SEC. 1501. GUN-FREE REQUIREMENTS.

       ``(a) Short Title.--This section may be cited as the ``Gun-
     Free Schools Act of 1994''.
       ``(b) Requirements.--
       ``(1) In general.--Except as provided in paragraph (3), no 
     assistance may be provided to any local educational agency 
     under this Act unless such agency has in effect a policy 
     requiring the expulsion from school for a period of not less 
     than one year of any student who is determined to have 
     brought a weapon to a school under the jurisdiction of such 
     agency, except that such policy may allow the chief 
     administering officer of such agency to modify such expulsion 
     requirement for a student on a case-by-case basis.
       ``(2) Construction.--Nothing in this title shall be 
     construed to prevent a local educational agency that has 
     expelled a student from such student's regular school setting 
     from providing educational services to such student in an 
     alternative setting, as provided by State law, policy, or 
     otherwise determined by such local educational agency.
       ``(3) Special rule.--(A) Any local educational agency 
     serving a State that has enacted a State law prior to the 
     date of enactment of the Improving America's Schools Act of 
     1994 which is in conflict with the not less than 1 year 
     expulsion requirement described in paragraph (1) shall have 
     the period of time described in subparagraph (B) to comply 
     with such requirement.
       ``(B) The period of time shall be the period beginning on 
     the date of enactment of the Improving America's Schools Act 
     and ending 1 year after such date.
       ``(4) Definition.--For the purpose of this section, the 
     term `weapon' means a firearm as such term is defined in 
     section 921 of title 18, United States Code.
       ``(c) Report to State.--Each local educational agency 
     requesting assistance from the State educational agency that 
     is to be provided from funds made available to the State 
     under this Act shall provide to the State, in the application 
     requesting such assistance--
       ``(1) an assurance that such local educational agency has 
     in effect the policy required by subsection (b); and
       ``(2) a description of the circumstances surrounding any 
     expulsions imposed under the policy required by subsection 
     (b), including--
       ``(A) the name of the school concerned;
       ``(B) the number of students expelled from such school; and
       ``(C) the types of weapons concerned.''.
       On page 1313, between lines 5 and 6, insert the following:

     SEC. 247A. PRIVACY RIGHTS.

       Section 438 of the Act (20 U.S.C. 1232g) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively; and
       (ii) by inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) No funds under any applicable program shall be made 
     available to any State educational agency (whether or not 
     that agency is an educational agency or institution under 
     this section) that has a policy of denying, or effectively 
     prevents, the parents of students the right to inspect and 
     review the education records maintained by the State 
     educational agency on their children who are or have been in 
     attendance at any school of an educational agency or 
     institution that is subject to the provisions of this 
     section.'';
       (iii) in clause (iii) of subparagraph (C) (as redesignated 
     by clause (i)), by striking ``(C)'' and inserting ``(D)''; 
     and
       (iv) in subparagraph (D) (as redesignated by clause (i)), 
     by striking ``(B)'' and inserting ``(C)''; and
       (B) in paragraph (2), by striking ``or other rights'' and 
     inserting ``rights'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by inserting ``, including the 
     educational interests of the child for whom consent would 
     otherwise be required'' before the semicolon;
       (ii) in subparagraph (H), by striking ``and'' after the 
     semicolon;
       (iii) in subparagraph (I), by striking the period and 
     inserting ``; and''; and
       (iv) by adding at the end the following new subparagraph:
       ``(J)(i) the entity or persons designated in a Federal 
     grand jury subpoena, in which case the court shall order, for 
     good cause shown, the educational agency or institution (and 
     any officer, director, employee, agent, or attorney for such 
     agency or institution) on which the subpoena is served, to 
     not disclose to any person the existence or contents of the 
     subpoena or any information furnished to the grand jury in 
     response to the subpoena; and
       ``(ii) the entity or persons designated in any other 
     subpoena issued for a law enforcement purpose, in which case 
     the court or other issuing agency may order, for good cause 
     shown, the educational agency or institution (and any 
     officer, director, employee, agent, or attorney for such 
     agency or institution) on which the subpoena is served, to 
     not disclose to any person the existence or contents of the 
     subpoena or any information furnished in response to the 
     subpoena.'';
       (B) in paragraph (2)--
       (i) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (ii) in clause (ii) (as redesignated by clause (i)), by 
     inserting ``except as provided in paragraph (1)(J),'' before 
     ``such information''; and
       (iii) by adding at the end the following new subparagraph:
       ``(B) If a third party outside the educational agency or 
     institution permits access to information in violation of 
     subparagraph (A)(i), or fails to destroy information in 
     violation of paragraph (1)(F), the educational agency or 
     institution shall be prohibited from permitting access to 
     information from education records to that third party for a 
     period of at least 5 years.'';
       (3) in subsection (c), by striking ``The Secretary shall 
     adopt appropriate regulations to'' and inserting ``Not later 
     than 240 days after the date of enactment of the Improving 
     America's Schools Act of 1994, the Secretary shall adopt 
     appropriate regulations, or identify existing regulations, 
     which'';
       (4) in subsection (e), by inserting ``effectively'' before 
     ``informs''; and
       (5) by adding at the end the following new subsection:
       ``(h) Nothing in this section shall prohibit an educational 
     agency or institution from--
       ``(1) including appropriate information in the education 
     record of any student whose presence at school is determined 
     by school officials to pose a significant risk to the safety 
     or well-being of that student, other students, or other 
     members of the school community; or
       ``(2) disclosing such information to teachers and school 
     officials, including teachers and school officials in other 
     schools, who have legitimate educational interests in the 
     behavior of the student.''.
       On page 1326, line 11, insert ``, for fiscal years 1995 and 
     1996, and may use such funds for fiscal years 1997, 1998 and 
     1999,'' after ``funds''.
       On page 1357, between lines 16 and 17, insert the 
     following:
       (d) State Planning for Improving Student Achievement 
     Through Integration of Technology into the Curriculum.--
     Subsection (b) of section 317 of the Goals 2000: Educate 
     America Act (20 U.S.C. 5897(b)) is amended by adding at the 
     end the following new paragraph:
       ``(3) Outlying areas.--(A) From the amount appropriated 
     pursuant to the authority of subsection (f) for fiscal year 
     1994, the Secretary shall reserve a total of 1 percent to 
     provide assistance under this section to the outlying areas.
       ``(B) The funds reserved under subparagraph (A) shall be 
     distributed among the outlying areas by the Secretary 
     according to the relative need of such areas for assistance 
     under this section.''.
       On page 1357, after line 25, insert the following:

     SEC. 344. STAR SCHOOLS PROGRAM ASSISTANCE ACT.

       The Star Schools Program Assistance Act (20 U.S.C. 4081 et 
     seq.) is repealed.

     SEC. 345. FUND FOR THE IMPROVEMENT AND REFORM OF SCHOOLS AND 
                   TEACHING ACT.

       The Fund for the Improvement and Reform of Schools and 
     Teaching Act (20 U.S.C. 4801) is repealed.

     SEC. 346. TECHNOLOGY-RELATED ASSISTANCE FOR INDIVIDUALS WITH 
                   DISABILITIES ACT OF 1988.

       (a) In General.--Title II of the Technology-Related 
     Assistance for Individuals With Disabilities Act of 1988 (29 
     U.S.C. 2231 et seq.) is amended by striking part E.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if included in the Technology-Related 
     Assistance for Individuals With Disabilities Act Amendments 
     of 1994.

     SEC. 347. OFFICE OF INDIAN EDUCATION.

       Title II of the Department of Education Organization Act 
     (20 U.S.C. 3411 et seq.) (as amended by section 271) is 
     further amended by adding at the end the following new 
     section:


                      ``OFFICE OF INDIAN EDUCATION

       ``Sec. 217. (a) There shall be in the Department an Office 
     of Indian Education (hereafter in this section referred to as 
     the `Office').
       ``(b)(1) The Office shall be headed by a Director of Indian 
     Education (hereafter in this section referred to as the 
     `Director') who shall--
       ``(A) be appointed by the Secretary; and
       ``(B) report directly to the Assistant Secretary for 
     Elementary and Secondary Education.
       ``(2) The Director shall--
       ``(A) be responsible for administering title VI of the 
     Elementary and Secondary Education Act of 1965;
       ``(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;
       ``(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 shall be a career appointee in the 
     Senior Executive Service, and shall be paid at a level 
     determined by the Secretary.
       ``(c)(1) The Secretary shall give preference to Indian 
     individuals with respect to all personnel actions of the 
     Office.
       ``(2) Such preference shall be implemented in the same 
     fashion as the preference given to any Indian under section 
     2609 of the Revised Statutes (25 U.S.C. 45).''.

     SEC. 348. INDIAN EDUCATION ACT OF 1988.

       The Indian Education Act of 1988 (25 U.S.C. 2601 note) is 
     repealed.

       PART E--LIBRARY SERVICES AND CONSTRUCTION REAUTHORIZATION

     SEC. 351. REFERENCES.

       Except as otherwise specifically provided, whenever in this 
     part an amendment is expressed in terms of an amendment to a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Library 
     Services and Construction Act (20 U.S.C. 351 et seq.).

     SEC. 352. AUTHORIZATIONS.

       (a) In General.--Subsection (a) of section 4 (20 U.S.C. 
     351b(a)) is amended--
       (1) by striking ``for fiscal year 1990 and such sums as may 
     be necessary for each of the 4 succeeding fiscal years'' each 
     place the phrase appears and inserting ``for fiscal year 
     1995''; and
       (2) in the matter following paragraph (7), by striking 
     ``each of the fiscal years 1990, 1991, 1992, 1993, and 1994'' 
     and inserting ``fiscal year 1995''.
       (b) Family Learning Centers.--Section 806 (20 U.S.C. 385e) 
     is amended to read as follows:


                   ``authorization of appropriations

       ``Sec. 806. There are authorized to be appropriated such 
     sums as may be necessary for fiscal year 1995 to carry out 
     this part.''.
       (c) Library Literacy Centers.--Section 818 (20 U.S.C. 386g) 
     is amended to read as follows:


                   ``authorization of appropriations

       ``Sec. 818. There are authorized to be appropriated such 
     sums as may be necessary for fiscal year 1995 to carry out 
     this part.''.

                    PART F--BUREAU OF INDIAN AFFAIRS

     SEC. 361. GOALS 2000: EDUCATE AMERICA ACT.

       (a) Assistance to the Secretary of the Interior.--Section 
     315 of the Goals 2000: Educate America Act is amended--
       (1) by amending subsection (c) to read as follows:
       ``(c) Bureau of Indian Affairs Cost Analysis and Studies.--
       ``(1) In general.--The Secretary of the Interior shall 
     reserve from the funds received pursuant to section 
     304(a)(1)(B) in the first and second fiscal year for which 
     the Secretary of the Interior receives such funds an amount 
     not to exceed $500,000 for each such year to provide, through 
     a contract executed, after open solicitation, with an 
     organization or institution having extensive experience in 
     school finance, for an analysis of--
       ``(A) the costs associated with meeting the academic, home-
     living, and residential standards of the Bureau for each 
     Bureau funded school and annual projections of such costs; 
     and
       ``(B) 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 or 
     other alternative system of financial support.
       ``(2) Cost analysis purpose.--The purpose of the cost 
     analysis provided for in paragraph (1)(A) shall be to provide 
     the Bureau and the panel described in subsection (b)(4) with 
     baseline data regarding the current state of operations 
     funded by the Bureau and to provide a framework for the 
     implementation of opportunity-to-learn standards or 
     strategies. Such analysis shall evaluate the costs of 
     providing a program in each school operated or supported by 
     the Bureau for the next succeeding academic year and shall be 
     based on--
       ``(A) the standards either published in the Federal 
     Register and effective for schools funded by the Bureau on 
     the date of enactment of this Act, or the State or regional 
     standards in effect on such date for a Bureau-funded school;
       ``(B) the best projections of student counts and 
     demographics as provided by the Bureau and as independently 
     reviewed by the organization or institution selected by the 
     Secretary to perform the analysis described in this section; 
     and
       ``(C) the pay and benefit schedules and other personnel 
     requirements for each school operated by the Bureau, as such 
     pay and benefit schedules and requirements existed on the 
     date of enactment of this Act.
       ``(3) Feasibility study purpose.--(A) The purpose of the 
     feasibility analysis provided for in paragraph (1)(B) shall 
     be to determine whether it is feasible and desirable for the 
     Bureau to replace or modify the weighted student unit formula 
     system in effect on the date of enactment of this Act.
       ``(B) For the purposes of the feasibility analysis 
     described in paragraph (1)(B), 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 
     such community's program), the personnel profile necessary to 
     establish such program and the cost (determined on an actual 
     basis) of funding such a program. Such a system shall 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 to provide for a mechanism for distributing 
     such sums as may be appropriated based upon the determination 
     at each school site.
       ``(4) Results report.--The contractor selected shall be 
     required to report the results of analyses provided for in 
     this section, in aggregate and school-specific form to the 
     chairpersons and ranking minority members of the Committee on 
     Education and Labor and the Committee on Appropriations of 
     the House of Representatives and the Committee on the Indian 
     Affairs and the Committee on Appropriations of the Senate, 
     and to the Secretary of the Interior, not later than six 
     months after the date of enactment of the Improving America's 
     Schools Act of 1994. The contractor shall also be required to 
     provide an estimate of the costs of meeting the academic and 
     residential standards of the Bureau for each Bureau funded 
     school for each of the three succeeding forward-funded fiscal 
     years following the date of submission of such report. The 
     contractor shall provide an estimate of such costs to such 
     persons and members not later than January 1 of each 
     succeeding fiscal year.''; and
       (2) by adding at the end the following new subsections:
       ``(e) Grants.--The Secretary of the Interior may use not 
     more than one percent of the funds received pursuant to 
     section 304(a)(1)(B) in the first and second fiscal year for 
     which the Secretary of the Interior receives such funds for 
     the purpose of providing grants, if requested by Bureau 
     funded school boards, to enable such school boards to carry 
     out activities of reform planning as such activities are 
     described for States in section 308(b)(2)(J), or to evaluate 
     the feasibility of becoming a contract school pursuant to the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.), or a grant school pursuant to the 
     Augustus F. Hawkins-Robert T. Stafford Elementary and 
     Secondary School Improvement Amendments of 1988.
       ``(f) Study.--In cooperation with the panel established in 
     subsection (b)(4), the Secretary of the Interior shall 
     conduct a study to evaluate the feasibility of contracting 
     with a private management firm for the operation of one or 
     more Bureau operated schools to facilitate the achievement of 
     the National Education Goals and the efficient use of funds 
     in the education of Indian children, and to report to the 
     persons identified in subsection (c)(4) and to the panel 
     described in subsection (b)(4) not later than 12 months after 
     the date of enactment of the Improving America's Schools Act 
     of 1994.''.
       (b) Systemic Technology Planning.--Subsection (b) of 
     section 317 of the Goals 2000: Educate America Act is amended 
     by adding at the end the following new paragraph:
       ``(3) Secretary of the interior.--From the amount 
     appropriated pursuant to the authority of subsection (f) in 
     each fiscal year, the Secretary shall reserve $75,000 for the 
     Secretary of the Interior to enable the Secretary of the 
     Interior to conduct, directly or through a contract, systemic 
     technology planning for Bureau funded schools.''.

     SEC. 362. TRIBALLY CONTROLLED SCHOOLS ACT OF 1988.

       (a) New Construction.--The second sentence of paragraph (4) 
     of section 5205(b) of the Tribally Controlled Schools Act of 
     1988 (25 U.S.C. 2504(b)(4)) is amended by striking ``were 
     received.'' and inserting ``were received, except that a 
     school receiving a grant under this part for facilities 
     improvement and repair may use such grant funds for new 
     construction if the tribal government or other organization 
     provides funding for the new construction equal to at least 
     one-fourth of the total cost of such new construction.''.
       (b) Composition of Grants.--Subsection (b) of section 5205 
     of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 
     2504(b)) is further amended by adding at the end the 
     following new paragraph:
       ``(5) If the Secretary fails to make a determination within 
     180 days of a request filed by an Indian tribe or tribal 
     organization to include in such tribe or organization's grant 
     the funds described in subsection (a)(2), the Secretary shall 
     be deemed to have approved such request and the Secretary 
     shall immediately amend the grant accordingly. Such tribe or 
     organization may enforce its rights under subsection (a)(2) 
     and this paragraph, including any denial of or failure to act 
     on such tribe or organization's request, pursuant to the 
     disputes authority described in section 5209(e).''.
       (c) Payments.--Subsection (a) of section 5208 of the 
     Tribally Controlled Schools Act of 1988 (25 U.S.C. 2507(a)) 
     is amended to read as follows:
       ``(a) Payments.--
       ``(1) Except as otherwise provided in this subsection, the 
     Secretary shall make payments to grantees under this part in 
     2 payments, of which--
       ``(A) the first payment shall be made not 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 not later than December 1 of each year.
       ``(2) For any school for which no payment under this part 
     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 not 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 such funds are appropriated, the Secretary shall make 
     payments to grantees not 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).
       ``(5) Paragraphs (1), (2), and (3) shall be subject to any 
     restriction on amounts of payments under this part that are 
     imposed by a continuing resolution or other Act appropriating 
     the funds involved.''.
       (d) Applicability.--Subsection (a) of section 5209 of the 
     Tribally Controlled Schools Act of 1988 (25 U.S.C. 2508(a)) 
     is amended to read as follows:
       ``(a) Certain Provisions To Apply to Grants.--All 
     provisions of section 5, 6, 7, 104, 105(f), 106(f), 109, and 
     111 of the Indian Self-Determination and Education Assistance 
     Act, except those provisions relating to indirect costs and 
     length of contract, shall apply to grants provided under this 
     part.''.
       (e) Exceptions, Problems, and Disputes.--Subsection (e) of 
     section 5209 of the Tribally Controlled Schools Act of 1988 
     (25 U.S.C. 2508(e)) is amended--
       (1) by striking ``the amount of a grant under section 5205 
     (and the amount of any funds referred to in that section), 
     and payments to be made under section 5208 of this Act,'' and 
     inserting ``a grant authorized to be made pursuant to this 
     part or any amendment to such grant,'';
       (2) by striking ``the amount of, or payment of, the 
     administrative grant'' and inserting ``an administrative cost 
     grant''; and
       (3) by adding at the end the following new sentence: ``The 
     Equal Access to Justice Act shall apply to administrative 
     appeals filed after September 8, 1988, by grantees regarding 
     a grant under this part, including an administrative cost 
     grant.''.

     SEC. 363. EDUCATION AMENDMENTS OF 1978.

       (a) Bureau of Indian Affairs.--Subsections (a) through (f) 
     of section 1121 of the Education Amendments of 1978 (25 
     U.S.C. 2001 et seq.) are amended to read as follows:
       ``(a)(1) 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 1131, 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 such 
     standards and such coordination, the Secretary shall utilize 
     the findings and recommendations of the panel established in 
     section 315(b)(4) of the Goals 2000: Educate America Act.
       ``(2) The Secretary shall take immediate steps to encourage 
     school boards of Bureau funded schools to engage their 
     communities in adopting declarations of purposes of education 
     in their communities, analyzing the implications of such 
     purposes for their schools, and determining how such purposes 
     may be made to motivate students and faculties and otherwise 
     animate their schools by May 1, 1995. Such declarations shall 
     represent the aspirations of a community for the kinds of 
     persons such community wants its children to increasingly 
     become, and shall include such purposes as assuring that all 
     learners are becoming accomplished in ways important to 
     themselves and respected by their parents and communities, 
     shaping worthwhile and satisfying lives for themselves, 
     exemplifying the best values of the community and humankind, 
     and becoming increasingly effective in shaping the character 
     and quality of the world all learners share.
       ``(b) Within 18 months of the publication of the voluntary 
     national content standards described in section 213(a) of the 
     Goals 2000: Educate America Act, the Secretary, in 
     consultation with the Secretary of Education and Indian 
     organizations and tribes, shall carry out or cause to be 
     carried out by contract with an Indian organization a review 
     of the standards in effect on the date of enactment of the 
     Improving America's Schools Act of 1994 for the basic 
     education of Indian children attending Bureau funded schools. 
     Such review shall take into account the voluntary national 
     content standards and other 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 educational opportunity for such 
     children.
       ``(c)(1) The Secretary shall revise the minimum academic 
     standards published in the Federal Register on September 9, 
     1985 (50 Fed. Reg. 174) for the basic education of Indian 
     children based upon the review conducted under subsection 
     (b). The Secretary shall publish such proposed standards in 
     the Federal Register for the purpose of receiving comments 
     from the tribes and other interested parties. The Secretary 
     shall establish final standards, distribute such final 
     standards to all the tribes and publish such final standards 
     in the Federal Register. The Secretary shall revise such 
     final standards periodically as necessary. Prior to any 
     revision of such final 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) The standards described in paragraph (1) 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.
       ``(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 subsection (c), where such standards are 
     deemed by such body to be inappropriate. The tribal governing 
     body or designated school board shall, within 60 days 
     thereafter, submit to the Secretary a proposal for 
     alternative standards that take 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) 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 subsections (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.''.
       (b) Counselors for Boarding Schools and Dormitories.--
     Subsection (a) of section 1128 of the Education Amendments of 
     1978 (25 U.S.C. 2008(a)) is amended by adding at the end the 
     following: ``Prior to January 1, 1996, 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 funded 
     residential facilities. Concurrent with such action, the 
     Secretary shall review the standards established under 
     section 1121 to be certain that adequate provision is made 
     for parental notification regarding, and consent for, such 
     counseling services.''.
       (c) School Board Training.--Subparagraph (A) of section 
     1128(c)(2) of the Education Amendments of 1978 (25 U.S.C. 
     2008(c)(2)(A)) is amended by striking ``fiscal year 1986'' 
     and inserting ``fiscal year 1992, except that the contracts 
     for distribution of such funds shall require that such funds 
     be distributed by the recipient organizations in a manner 
     that assures the same pro rata share is made available for 
     training for each school board in the system.''.
       (d) Formula Adjustment.--Subsection (c) of section 1128 of 
     the Education Amendments of 1978 (25 U.S.C. 2008(c)) is 
     further amended by adding at the end thereof the following 
     new paragraph:
       ``(4)(A) The Secretary shall adjust the formula established 
     under subsection (a) to use a weighted unit of 0.25 for each 
     eligible Indian student who is enrolled in a year-long credit 
     course in an Indian or Native language as part of the regular 
     curriculum of a school, in considering the number of eligible 
     Indian students served by such school.
       ``(B) The adjustment required under subparagraph (A) shall 
     be used for such school after--
       ``(i) the certification of the Indian or Native language 
     curriculum by the school board of such school to the 
     Secretary, together with an estimate of the number of full-
     time students expected to be enrolled in the curriculum in 
     the second school year following the school year for which 
     the certification is made; and
       ``(ii) the funds appropriated for allotment under this 
     section are designated by the appropriations Act 
     appropriating such funds as the amount necessary to implement 
     such adjustment at such school without reducing allotments 
     made under this section to any school by virtue of such 
     adjustment.''.
       (e) Grant Schools.--Paragraph (3) of section 1128(g) of the 
     Education Amendments of 1978 (25 U.S.C. 2008(g)(3)) is 
     amended by inserting ``or grant school'' after ``contract 
     school'' each time such term appears.
       (f) Availability.--Subsection (h) of section 1128 of the 
     Education Amendments of 1978 (25 U.S.C. 2008(h)) is amended 
     by inserting ``of a Bureau school'' after ``board''.
       (g) Special Rule.--Section 1128 of the Education Amendments 
     of 1978 (25 U.S.C. 2008) is amended by adding at the end the 
     following new subsection:
       ``(i) Beginning with academic year 1994-1995, tuition for 
     the out-of-State students boarding at the Richfield Dormitory 
     in Richfield, Utah, who attend Sevier County high schools in 
     Richfield, Utah, shall 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 the instruction 
     of such students. Such payment shall be in lieu of payments 
     that might otherwise be paid to Bureau funded or public 
     schools on their reservations. No additional administrative 
     cost funds will be added to the grant.''.
       (h) Uniform Direct Funding and Support.--Subsection (a) of 
     section 1129 of the Education Amendments of 1978 (25 U.S.C. 
     2009(a)) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Within six months after the date of enactment of the 
     Improving America's Schools Act of 1994, the Secretary shall 
     establish, by regulation adopted in accordance with section 
     1138, a system for the direct funding and support of all 
     Bureau funded schools. Such system shall allot funds in 
     accordance with section 1128. All amounts appropriated for 
     distribution under this section shall be made available as 
     provided in paragraph (2).'';
       (2) by striking paragraphs (2) and (3) and inserting the 
     following new paragraph:
       ``(2)(A) For the purpose of affording adequate notice of 
     funding available pursuant to the allotments made by section 
     1128, 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 such 
     funds 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 of the fiscal year for which the 
     funds are appropriated, the allotments to be made under 
     section 1128 to each affected school of 85 percent of such 
     appropriation; and
       ``(ii) publish, not later than October 30 of such fiscal 
     year, the allotments to be made under section 1128 of the 
     remaining 15 percent of such appropriation, adjusted to 
     reflect actual student attendance.'';
       (3) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively; and
       (4) in paragraph (3) (as redesignated by paragraph (3)) by 
     striking ``$25,000'' and inserting ``$35,000''.
       (i) Student Projects and Matching Funds.--Section 1129 of 
     the Education Amendments of 1978 (25 U.S.C. 2009) is amended 
     by adding at the end the following new subsections:
       ``(g) Notwithstanding any other provision of law, where 
     there is agreement on action between the superintendent and 
     the school board of a Bureau 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 
     such project.
       ``(h) Notwithstanding any other provision of law, funds 
     received by a Bureau funded school under this title shall not 
     be considered Federal funds for purposes of meeting a 
     matching funds requirement in any Federal program.''.

     SEC. 364. STAFF OF THE INSTITUTE OF AMERICAN INDIAN AND 
                   ALASKA NATIVE CULTURE AND ARTS DEVELOPMENT.

       Subsection (f) of section 1509 of the Higher Education 
     Amendments of 1986 (20 U.S.C. 4416(f)) is amended to read as 
     follows:
       ``(f) Applicability.--
       ``(1) This section shall apply to any individual appointed 
     after October 17, 1986, for employment in the Institute. 
     Except as provided in subsection (d) and (g), the enactment 
     of this title shall not affect--
       ``(A) the continued employment of any individual employed 
     immediately before October 17, 1986; or
       ``(B) such individual's right to receive the compensation 
     attached to such position.
       ``(2) This section shall not apply to an individual whose 
     services are procured by the Institute pursuant to a written 
     procurement contract.
       ``(3) This section shall not apply to employees of an 
     entity performing services pursuant to a written contract 
     with the Institute.''.

     SEC. 365. ENDOWMENT FUNDS.

       Section 302 of the Tribally Controlled Community College 
     Assistance Act of 1978 (25 U.S.C. 1832) is amended--
       (1) in subsection (a), by striking ``section 333'' and 
     inserting in lieu thereof ``section 331''; and
       (2) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) provides for the investment and maintenance of a 
     trust fund, the corpus and earnings of which shall be 
     invested in the same manner as funds are invested under 
     paragraph (2) of section 331(c) of the Higher Education Act 
     of 1965, except that for purposes of this paragraph, the term 
     `endowment fund' means a fund established by an institution 
     of higher education or by a foundation that is exempt from 
     taxation and is maintained for the purpose of generating 
     income for the support of the institution, and may include 
     real estate;''; and
       (B) in paragraph (3) by striking ``same'' the first time 
     such term appears.

     SEC. 366. STUDY.

       The Secretary of the Interior shall conduct a study, in 
     consultation with the board of regents of the Haskell Indian 
     Junior College to evaluate the possible need for alternative 
     institutional and administrative systems at Haskell Indian 
     Junior College to support the transition of such college to a 
     four year university. If the study's conclusions require 
     legislation to be implemented, the study shall be accompanied 
     by appropriate draft legislation. Such study shall be 
     transmitted to the Committee on Indian Affairs of the Senate 
     and the Committee on Education and Labor of the House of 
     Representatives by June 1, 1995.

           PART G--CROSS REFERENCES AND CONFORMING AMENDMENTS

     SEC. 381. CROSS REFERENCES.

       (a) Refugee Education Assistance Act of 1980.--(1) 
     Paragraph (1) of section 101 of the Refugee Education 
     Assistance Act of 1980 (8 U.S.C. 1522 note) is amended by 
     striking ``section 198(a)'' and inserting ``section 10101''.
       (2) Paragraph (2) of section 201(b) of the Refugee 
     Education Assistance Act of 1980 (8 U.S.C. 1522 note) is 
     amended by striking ``(other than section 303 of the 
     Elementary and Secondary Education Act of 1965)''.
       (3) Paragraph (3) of section 301(b) of the Refugee 
     Education Assistance Act of 1980 (8 U.S.C. 1522 note) is 
     amended by striking ``, except that no reduction under this 
     paragraph shall be made for any funds made available to the 
     State under section 303 of the Elementary and Secondary 
     Education Act of 1965''.
       (4) Paragraph (2) of section 401(b) of the Refugee 
     Education Assistance Act of 1980 (8 U.S.C. 1522 note) is 
     amended by striking ``(other than section 303 of the 
     Elementary and Secondary Education Act of 1965)''.
       (b) Title 10.--(1) Subparagraph (A) of section 1151(b)(2) 
     of title 10, United States Code, is amended by striking 
     ``chapter 1 of''.
       (2) Subparagraph (A) of section 1151(b)(3) of title 10, 
     United States Code, is amended by striking ``chapter 1 of''.
       (3) Subparagraph (A) of section 1598(a)(2) of title 10, 
     United States Code, is amended by striking ``chapter 1 of''.
       (4) Section 2194 of title 10, United States Code, is 
     amended--
       (A) in subsection (a), by striking ``education agency'' and 
     inserting ``educational agency''; and
       (B) in subsection (e)--
       (i) by striking ``education agency'' and inserting 
     ``educational agency'';
       (ii) by striking ``section 1471(12)'' and inserting 
     ``section 10101''; and
       (iii) by striking ``(20 U.S.C. 1058(b)''.
       (5) Subparagraph (A) of section 2410j(a)(2) of title 10, 
     United States Code, is amended by striking ``chapter 1 of''.
       (c) Toxic Substances Control Act.--(1) Subparagraph (A) of 
     section 202(7) of the Toxic Substances Control Act (15 U.S.C. 
     2642(7)(A)) is amended--
       (A) by striking ``section 198'' and inserting ``section 
     10101''; and
       (B) by striking ``(20 U.S.C. 3381)''.
       (2) Paragraph (9) of section 202 of the Toxic Substances 
     Control Act (15 U.S.C. 2642(9)) is amended--
       (A) by striking ``section 198'' and inserting ``section 
     10101''; and
       (B) by striking ``(20 U.S.C. 2854)''.
       (3) Paragraph (12) of section 202 of the Toxic Substances 
     Control Act (15 U.S.C. 2642(12)) is amended--
       (A) by striking ``section 198'' and inserting ``section 
     10101''; and
       (B) by striking ``(20 U.S.C. 2854)''.
       (4) Section 302(1) of the Toxic Substances Control Act (15 
     U.S.C. 2662(1)(A)) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``section 198'' and inserting ``section 
     10101''; and
       (ii) by striking ``(20 U.S.C. 3381)''; and
       (B) in subparagraph (C), by inserting ``or successor 
     authority'' after ``1107)''.
       (d) National Defense Authorization Act for Fiscal Year 
     1993.--Paragraph (1) of section 386(h) of the National 
     Defense Authorization Act for Fiscal Year 1993 (20 U.S.C. 238 
     note) is amended--
       (1) by striking ``section 1471(12)'' and inserting 
     ``section 10101''; and
       (2) by striking ``(20 U.S.C. 2891(12))''.
       (e) Higher Education Act of 1965.--(1) Paragraph (1) of 
     section 404(c) (20 U.S.C. 1070a-23(c)(1)) is amended by 
     striking ``section 1005(c)'' and inserting ``section 
     1123(c)(1)''.
       (2) Clause (ii) of section 418A(b)(1)(B) of the Higher 
     Education Act of 1965 (20 U.S.C. 1070d-2(b)(1)(B)(ii)) is 
     amended by striking ``subpart 1 of part D of chapter 1'' and 
     inserting ``part D''.
       (3) Subparagraph (A) of section 418A(c)(1) of the Higher 
     Education Act of 1965 (20 U.S.C. 1070d-2(c)(1)(A)) is 
     amended--
       (A) by striking ``subpart 1 of part D of chapter 1'' and 
     inserting ``part D''; and
       (B) by inserting ``(or such part's predecessor authority)'' 
     after ``1965''.
       (4) Subparagraph (A) of section 465(a)(2) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087ee(a)(2)(A)) is 
     amended--
       (A) by striking ``chapter 1 of the Education Consolidation 
     and Improvement Act of 1981'' and inserting ``title I of the 
     Elementary and Secondary Education Act of 1965''; and
       (B) by striking ``section 111(c)'' and inserting ``section 
     1123(c)(1)''.
       (5) Subsection (a) of section 469 of the Higher Education 
     Act of 1965 (20 U.S.C. 1087ii(a)) is amended by striking 
     ``chapter 1 of''.
       (6) Subsection (b) of section 501 of the Higher Education 
     Act of 1965 (20 U.S.C. 1102(b)) is amended--
       (A) in subparagraph (B) of paragraph (1), by striking 
     ``sections 1005 and 1006 of chapter 1 of title I'' and 
     inserting ``section 1123''; and
       (B) in subclause (II) of paragraph (2)(A)(ii), by striking 
     ``sections 1005 and 1006'' and inserting ``section 1123''.
       (7) Subsection (b) of section 572 of the Higher Education 
     Act of 1965 (20 U.S.C. 1111a(b)) is amended by striking ``of 
     chapter 1''.
       (8) Paragraph (1) of section 581(b) of the Higher Education 
     Act of 1965 (20 U.S.C. 1113(b)(1)) is amended by striking 
     ``part A or subpart 1 of part D of chapter 1'' and inserting 
     ``part A or D''.
       (9) Paragraph (3) of section 581(c) of the Higher Education 
     Act of 1965 (20 U.S.C. 1113(c)(3)) is amended by striking 
     ``chapter 1 of''.
       (10) Subparagraph (C) of section 586(d)(1) of the Higher 
     Education Act of 1965 (20 U.S.C. 1114(d)(1)(C)) is amended by 
     striking ``chapter 1 of''.
       (11) Subparagraph (D) of section 586(d)(1) of the Higher 
     Education Act of 1965 (20 U.S.C. 1114(d)(1)(D)) is amended by 
     striking ``chapter 1 of''.
       (12) Subclause (I) of section 1144(b)(1)(B)(iv) of the 
     Higher Education Act of 1965 (20 U.S.C. 
     1138c(b)(1)(B)(iv)(I)) is amended by striking ``chapter 1 
     of''.
       (f) Education Amendments of 1978.--Subsection (h) of 
     section 1203 of the Education Amendments Act of 1978 (20 
     U.S.C. 1221-1 note) is amended by striking ``section 183'' 
     and inserting ``part F of title I''.
       (g) Individuals with Disabilities Education Act.--(1) 
     Clause (ii) of section 602(a)(21)(A) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1401(a)(21)(A)(ii)) is 
     amended by striking ``chapter 1 of''.
       (2) Paragraph (2) of section 613(a) of the Individuals with 
     Disabilities Education Act (20 U.S.C. 1413(a)(2)) is amended 
     by striking ``, including subpart 2 of part D of chapter 1 of 
     title I of the Elementary and Secondary Education Act of 
     1965,''.
       (3) Subparagraph (B) of section 622(c)(2) of the 
     Individuals with Disabilities Education Act (20 U.S.C. 
     1422(c)(2)) is amended by striking ``and subpart 2 of part D 
     of chapter 1 of title I of the Elementary and Secondary 
     Education Act of 1965,''.
       (h) Education Amendments of 1972.--Subparagraph (B) of 
     section 908(2) of the Education Amendments of 1972 (20 U.S.C. 
     1687(2)(B)) is amended by striking ``section 198(a)(10)'' and 
     inserting ``section 10101''.
       (i) Department of Education Organization Act.--Section 204 
     of the Department of Education Organization Act (20 U.S.C. 
     3414) is amended by striking ``subpart 1 of part B'' and 
     inserting ``part D''.
       (j) Education and Training for a Competitive America Act of 
     1988.--The Education and Training for a Competitive America 
     Act of 1988 (20 U.S.C. 5001 et seq.) is repealed.
       (k) Educational Partnerships Act of 1988.--The Educational 
     Partnerships Act of 1988 (20 U.S.C. 5031 et seq.) is 
     repealed.
       (l) Secondary Schools Basic Skills Demonstration Assistance 
     Act of 1988.--The Secondary Schools Basic Skills 
     Demonstration Assistance Act of 1988 (20 U.S.C. 5061 et seq.) 
     is repealed.
       (m) Excellence in Mathematics, Science and Engineering 
     Education Act of 1990.--The Excellence in Mathematics, 
     Science and Engineering Education Act of 1990 (20 U.S.C. 5311 
     et seq.) is repealed.
       (n) National Environmental Education Act.--Paragraph (5) of 
     section 3 of the National Environmental Education Act (20 
     U.S.C. 5502(5)) is amended--
       (1) by striking ``local education'' and inserting ``local 
     educational''; and
       (2) by striking ``section 198'' and inserting ``section 
     10101''.
       (o) Job Training Partnership Act.--(1) Paragraph (23) of 
     section 4 of the Job Training Partnership Act (29 U.S.C. 
     1503(23)) is amended by striking ``section 1471(23)'' and 
     inserting ``section 10101''.
       (2) Subparagraph (B) of section 263(a)(2) of the Job 
     Training Partnership Act (29 U.S.C. 1643(a)(2)(B)) is amended 
     by striking ``chapter 1 of''.
       (3) Subparagraph (B) of section 263(g)(1) of the Job 
     Training Partnership Act (29 U.S.C. 1643(g)(1)(B)) is amended 
     by striking ``chapter 1 of''.
       (4) Paragraph (2) of section 265(b) of the Job Training 
     Partnership Act (29 U.S.C. 1645(b)(2)) is amended by striking 
     ``parts A through D of chapter 1'' and inserting ``parts A 
     through C''.
       (p) National Defense Authorization Act for Fiscal Year 
     1993.--Paragraph (3) of section 1091(l) of the National 
     Defense Authorization Act for Fiscal Year 1993 (32 U.S.C. 501 
     note) is amended by inserting ``(as such section was in 
     effect on the day preceding the date of enactment of this 
     Act)'' after ``1965''.
       (q) Safe Drinking Water Act.--Section 1461 of the Safe 
     Drinking Water Act (42 U.S.C. 300j-21(6)) is amended--
       (1) in subparagraph (A) of paragraph (3)--
       (A) by striking ``section 198'' and inserting ``section 
     10101''; and
       (B) by striking ``(20 U.S.C. 3381)''; and
       (2) in paragraph (6)--
       (A) by striking ``section 198'' and inserting ``section 
     10101''; and
       (B) by striking ``(20 U.S.C. 2854)''.
       (r) Civil Rights Act of 1964.--Subparagraph (B) of section 
     606(2) of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
     4a(2)(B)) is amended by striking ``section 198(a)(10)'' and 
     inserting ``section 10101''.
       (s) Older Americans Act of 1965.--(1) Section 338(a) of the 
     Older Americans Act of 1965 (42 U.S.C. 3030g-11(a)) is 
     amended--
       (A) by striking ``section 1005(d)(2)'' and inserting 
     ``1121(c)(1)(A)''; and
       (B) by striking ``(20 U.S.C. 2711(d)(2))''.
       (2) Section 338A of the Older Americans Act of 1965 (42 
     U.S.C. 3030g-12(a)(1)) is amended--
       (A) in paragraph (1) of subsection (a)--
       (i) by striking ``section 1471'' and inserting ``section 
     10101''; and
       (ii) by striking ``(20 U.S.C. 2891)''; and
       (B) in paragraph (3) of subsection (b)--
       (i) by striking ``projects under section 1015'' and 
     inserting ``programs under section 1114''; and
       (ii) by striking (20 U.S.C. 2025)''.
       (3) Subparagraph (B) of section 363(5) of the Older 
     Americans Act of 1965 (42 U.S.C. 3030o(5)(B)) is amended--
       (A) by striking ``section 1471'' and inserting ``section 
     10101''; and
       (B) by striking ``(20 U.S.C. 2891)''.
       (t) Carl D. Perkins Vocational and Applied Technology 
     Education Act.--(1) Subsection (d) of section 111 of the Carl 
     D. Perkins Vocational and Applied Technology Education Act 
     (20 U.S.C. 2321(d)) is amended by striking ``chapter 1 of''.
       (2) Paragraph (14) of section 113(b) of the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2323(b)(14)) is amended by striking ``chapter 1 of''.
       (3) Subsection (a) of section 115 of the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2325(a)) is amended--
       (A) by striking ``chapter 1 of''; and
       (B) by inserting ``of 1965'' after ``Secondary Education 
     Act''.
       (4) Paragraph (1) of section 231(a) of the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2341(a)(1)) is amended by striking ``section 1005'' and 
     inserting ``section 1124 or such section's predecessor 
     authority''.
       (5) Clause (iv) of section 231(d)(3)(A) of the Carl D. 
     Perkins Vocational and Applied Technology Education Act (20 
     U.S.C. 2341(d)(3)(A)(iv)) is amended by striking ``chapter 1 
     of''.
       (6) Section 352 of the Carl D. Perkins Vocational and 
     Applied Technology Education Act (20 U.S.C. 2395a) is amended 
     by striking ``section 1006'' and inserting ``section 1124''.
       (7) Subsection (b) of section 353 of the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2396b) is amended by striking ``section 1006'' and inserting 
     ``section 1124''.
       (8) Paragraph (1) of section 368 of the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2396f(1)) is amended by striking ``section 1006'' and 
     inserting section 1124''.
       (9) Paragraph (3) of section 420(a) of the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2420(a)(3)) is amended by striking ``section 1562'' and 
     inserting ``subpart 2 of part C of title II''.
       (10) Paragraph (20) of section 521 of the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2471(20) is amended by striking ``section 1471(5)'' and 
     inserting ``section 10101''.
       (11) Paragraph (21) of section 521 of the Carl D. Perkins 
     Vocational and Applied Technology Education Act (20 U.S.C. 
     2471(21)) is amended by striking ``section 703(a)(1)'' and 
     inserting ``section 7104''.
       (u) Juvenile Justice and Delinquency Prevention Act of 
     1974.--Paragraph (2) of section 288E(a) of the Juvenile 
     Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 
     5667e-5(a)(2)) is amended by striking ``chapter 1 of''.
       (v) Age Discrimination Act of 1975.--Clause (ii) of section 
     309(4)(B) of the Age Discrimination Act of 1975 (42 U.S.C. 
     6107(4)(B)(ii)) is amended by striking ``section 
     198(a)(10),'' and inserting ``section 10101''.
       (w) Head Start Transitional Project Act.--(1) Paragraph (4) 
     of section 132 of the Head Start Transition Project Act (42 
     U.S.C. 9855(4)) is amended by striking ``section 1471(12)'' 
     and inserting ``section 10101''.
       (2) Subsection (a) of section 134 of the Head Start 
     Transition Project Act (42 U.S.C. 9855b(a)) is amended by 
     striking ``of chapter 1''.
       (3) Subsection (b) of section 134 of the Head Start 
     Transition Project Act (42 U.S.C. 9855b(b)) is amended by 
     striking ``of chapter 1''.
       (4) Subsection (d) of section 135 of the Head Start 
     Transition Project Act (42 U.S.C. 9855c(d)) is amended by 
     striking ``schoolwide project under section 1015(a)'' and 
     inserting ``schoolwide program under section 1114''.
       (5) Subparagraph (C) of section 136(a)(4) of the Head Start 
     Transition Project Act (42 U.S.C. 9855d(a)(4)(C)) is 
     amended--
       (A) by striking ``Follow Through Act, chapter 1 of''; and
       (B) by striking ``part B of chapter 1 of title I of the 
     Elementary and Secondary Education Act of 1965''.
       (6) Paragraph (8) of section 136(a) of the Head Start 
     Transition Project Act (42 U.S.C. 9855d(a)(8)) is amended by 
     striking ``part B of chapter 1'' and inserting ``part C''.
       (7) Paragraph (10) of section 136(a) of the Head Start 
     Transition Project Act (42 U.S.C. 9855d(a)(10)) is amended by 
     striking ``part B of chapter 1'' and inserting ``part C''.
       (x) Follow Through Act.--The Follow Through Act (42 U.S.C. 
     9861 et seq.) is repealed.
       (y) Comprehensive Child Development Act.--Paragraph (5) of 
     section 670S of the Comprehensive Child Development Act (42 
     U.S.C. 9886(5)) is amended by striking ``section 1471(12)'' 
     and inserting ``section 10101''.
       (z) National and Community Service Act of 1990.--
     Subparagraph (B) of section 112(b)(2) of the National and 
     Community Service Act of 1990 (42 U.S.C. 12524(b)(2)(B)) is 
     amended by striking ``chapter 1 of''.
       (aa) Training Technology Transfer Act of 1988.--Paragraph 
     (1) of section 6144 of the Training Technology Transfer Act 
     of 1988 (20 U.S.C. 5124(1)) is amended by striking ``section 
     405(d)(4)(A)(i) of the General Education Provisions Act (20 
     U.S.C. 1221e(d)(4)(A)(i))'' and inserting ``section 941(h) of 
     the Educational Research, Development, Dissemination, and 
     Improvement Act of 1994''.

     SEC. 382. ADDITIONAL REPEALS AND TECHNICAL AND CONFORMING 
                   AMENDMENTS REGARDING IMPACT AID.

       (a) Additional Repeals.--
       (1) Omnibus budget reconciliation act of 1981.--Subsection 
     (c) of section 505 of the Omnibus Budget Reconciliation Act 
     of 1981 is repealed.
       (2) Education amendments of 1984.--Section 302 of the 
     Education Amendments of 1984 is repealed.
       (3) Department of education appropriations act, 1991.--
     Section 306 of the Department of Education Appropriations 
     Act, 1991, is repealed.
       (4) National assessment of chapter 1 act.--Paragraph (2) of 
     section 3(a) of the 1992 National Assessment of Chapter 1 Act 
     is repealed.
       (5) Public law 92-277.--Section 2 of Public Law 92-277 (86 
     Stat. 124) is repealed.
       (b) Technical and Conforming Amendments.--
       (1) Elementary and secondary education amendments of 
     1966.--Section 182 of the Elementary and Secondary Education 
     Amendments of 1966 is amended by striking ``by the Act of 
     September 23, 1950 (Public Law 815, 81st Congress),''.
       (2) Toxic substances control act.--Subparagraph (C) of 
     section 302(1) of the Toxic Substances Control Act (15 U.S.C. 
     2662(1)(C)) is amended by inserting ``as in effect before 
     enactment of the Improving America's Schools Act of 1994'' 
     after ``section 6 of the Act of September 30, 1950 (64 Stat. 
     1107),''.

     SEC. 383. INDIAN EDUCATION.

       (a) Adult Education Act.--Paragraph (4) of section 322(a) 
     of the Adult Education Act (20 U.S.C. 1203a(a)) is amended by 
     striking ``the Indian Education Act'' and inserting ``title 
     VI of the Elementary and Secondary Education Act of 1965''.
       (b) Education Amendments of 1978.--Paragraph (3) of section 
     1128(c) of the Education Amendments of 1978 (25 U.S.C. 
     2008(c)(3)) is amended--
       (1) in clause (i) of subparagraph (A), by striking ``(as 
     determined pursuant to section 5324 of the Indian Education 
     Act of 1988)''; and
       (2) in subparagraph (B)--
       (A) by striking ``the later of the following'' and all that 
     follows through ``(ii)''; and
       (B) by inserting ``, and for each fiscal year thereafter'' 
     before the period at the end thereof.
       (c) Indian Education Assistance Act.--Section 209 of the 
     Indian Education Assistance Act (25 U.S.C. 458e) is amended 
     by striking ``title IV of the Act of June 23, 1972 (86 Stat. 
     235)'' and inserting ``title VI of the Elementary and 
     Secondary Education Act of 1965''.
       (d) Johnson-O'Malley Act.--Subsection (a) of section 5 of 
     the Act of April 16, 1934, commonly known as the ``Johnson-
     O'Malley Act'' (25 U.S.C. 456(a)) is amended by striking 
     ``section 305(b)(2)(B)(ii) of the Act of June 23, 1972 (86 
     Stat. 235)'' and inserting ``section 6104(c)(4) of the 
     Elementary and Secondary Education Act of 1965''.

     SEC. 384. OTHER TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Adult Education Act.--Paragraph (7) of section 342(c) 
     of the Adult Education Act (20 U.S.C. 1206a(c)) is amended by 
     striking ``section 7004(a) of title VII'' and inserting 
     ``section 7104(5)''.
       (b) Age Discrimination Act of 1975.--Clause (ii) of section 
     309(4)(B) of the Age Discrimination Act of 1975 (42 U.S.C. 
     6107(4)(B)(ii)) is amended by striking ``section 198(a)(10)'' 
     and inserting in lieu thereof ``section 9101(13)''.
       (c) Anti-Drug Abuse Act of 1988.--Subparagraph (A) of 
     section 3521(d)(8) of the Anti-Drug Abuse Act of 1988 (42 
     U.S.C. 11841(d)(8)(A)) is amended by striking ``the Drug-Free 
     Schools and Communities Act of 1986'' and inserting ``part A 
     of title V of the Elementary and Secondary Education Act of 
     1965''.
       (d) Asbestos School Hazard Abatement Act.--Section 511 of 
     the Asbestos School Hazard Abatement Act of 1984 (20 U.S.C. 
     4020) is amended--
       (1) in subparagraph (A) of paragraph (4), by striking 
     ``section 198(a)(10)'' and inserting ``section 10101''; and
       (2) in subparagraph (A) of paragraph (5), by striking 
     ``section 198(a)(7)'' and inserting ``section 10101''.
       (e) Child Care and Development Block Grant Act of 1990.--
     Subsection (c) of section 658H of the Child Care and 
     Development Block Grant Act of 1990 (42 U.S.C. 9858f(c)) is 
     amended by striking ``section 1006'' and inserting ``section 
     1124''.
       (f) Cranston-Gonzalez National Affordable Housing Act.--
     Paragraph (10) of section 457 of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 12899f(10)) is 
     amended by striking ``section 7003 of the Bilingual Education 
     Act'' and inserting ``section 7104(5) of the Elementary and 
     Secondary Education Act of 1965''.
       (g) Family and Medical Leave Act of 1993.--Subparagraph (A) 
     of section 108(a)(1) of the Family and Medical Leave Act of 
     1993 (29 U.S.C. 2618(a)(1)(A)) is amended by striking 
     ``section 1471(12) (20 U.S.C. 2891(12))'' and inserting 
     ``section 10101''.
       (h) Goals 2000: Education America Act.--The Goals 2000: 
     Educate America Act is amended--
       (1) in section 3--
       (A) in subsection (a)--
       (i) in paragraph (6), by striking ``section 1471'' and 
     inserting ``section 10101''; and
       (ii) in paragraph (10), by striking ``section 602'' and 
     inserting ``section 602(a)(17)''; and
       (B) in paragraph (1) of subsection (b), by striking 
     ``section 1471'' and inserting ``section 10101'';
       (2) in paragraph (7) of section 231, by striking ``chapter 
     1 of'';
       (3) in subsection (b) of section 232--
       (A) in subparagraph (A) of paragraph (2), by striking 
     ``Star Schools Program Assistance Act'' and inserting ``Star 
     Schools program authorized by part B of title III of the 
     Elementary and Secondary Education Act of 1965''; and
       (B) in subparagraph (F) of paragraph (3), by striking ``the 
     evaluation undertaken pursuant to section 908 of the Star 
     Schools Program Assistance Act'' and inserting ``any 
     evaluation of the Star School program undertaken by the 
     Secretary'';
       (4) in subsection (b) of section 310, by striking ``section 
     1017'' and inserting ``sections 1117 and 10503''; and
       (5) in subsection (b) of section 311, by amending 
     paragraphs (1) through (6) to read as follows:
       ``(1) Title I of the Elementary and Secondary Education Act 
     of 1965.
       ``(2) Part A of title II of the Elementary and Secondary 
     Education Act of 1965.
       ``(3) Part A of title V of the Elementary and Secondary 
     Education Act of 1965.
       ``(4) Title VIII of the Elementary and Secondary Education 
     Act of 1965.
       ``(5) Part B of title IX of the Elementary and Secondary 
     Education Act of 1965.
       ``(6) The Carl D. Perkins Vocational and Applied Technology 
     Education Act.''.
       (i) Immigration and Nationality Act.--Subparagraph (D) of 
     section 245A(h)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1255a(h)(4)(D)) is amended to read as follows:
       ``(D) Title I of the Elementary and Secondary Education Act 
     of 1965.''.
       (j) National and Community Service Act of 1990.--The 
     National and Community Service Act of 1990 is amended--
       (1) in section 101--
       (A) in paragraph (8), by striking ``section 1471(8) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     2891(8))'' and inserting ``section 10101 of the Elementary 
     and Secondary Education Act of 1965'';
       (B) in paragraph (14), by striking ``section 1471(12) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     2891(12))'' and inserting ``section 10101 of the Elementary 
     and Secondary Education Act of 1965;
       (C) in paragraph (22), by striking ``section 1471(21) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     2891(21))'' and inserting ``section 10101 of the Elementary 
     and Secondary Education Act of 1965''; and
       (D) in paragraph (28), by striking ``section 1471(23) of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     2891(23))'' and inserting ``section 10101 of the Elementary 
     and Secondary Education Act of 1965'';
       (2) in subparagraph (B) of section 112(b)(2), by inserting 
     ``or its successor authority'' after ``(20 U.S.C. 2711 et 
     seq.)''; and
       (3) in subsection (b) of section 115A, by inserting ``, as 
     in effect on the day preceding the date of enactment of the 
     Improving America's Schools Act of 1994'' after ``(20 U.S.C. 
     2727(b))''.
       (k) Rehabilitation Act of 1973.--The Rehabilitation Act of 
     1973 is amended--
       (1) in section 202(b)(4)(A)(i), by striking ``paragraphs 
     (8) and (21), respectively, of section 1471 of the Elementary 
     and Secondary Education Act of 1965 (20 U.S.C. 2891 (8) and 
     (21))'' and inserting ``section 10101 of the Elementary and 
     Secondary Education Act of 1965''; and
       (2) in subparagraph (B) of section 504(b)(2), by striking 
     ``section 1471(12)'' and inserting ``section 10101''.
       (l) School-To-Work Opportunities Act of 1994.--The School-
     to-Work Opportunities Act of 1994 is amended--
       (1) in paragraph (15) of section 4, by striking ``section 
     602(17)'' and inserting ``section 602(a)(17)''; and
       (2) in subsection (b) of section 502, by amending 
     paragraphs (1) through (6) to read as follows:
       ``(1) title I of the Elementary and Secondary Education Act 
     of 1965;
       ``(2) part A of title II of the Elementary and Secondary 
     Education Act of 1965;
       ``(3) part A of title V of the Elementary and Secondary 
     Education Act of 1965;
       ``(4) part B of title IX of the Elementary and Secondary 
     Education Act of 1965;
       ``(5) title XIII of the Elementary and Secondary Education 
     Act of 1965; and
       ``(6) the Carl D. Perkins Vocational and Applied Technology 
     Education Act.''.
       (m) Social Security Act.--Paragraph (7) of section 402(g) 
     of the Social Security Act (42 U.S.C. 602(g)(7)) is amended 
     by striking ``chapter 1 of the Education Consolidation and 
     Improvement Act of 1981'' and inserting ``title I of the 
     Elementary and Secondary Education Act of 1965''.
       (n) State Dependent Care Development Grants Act.--Section 
     670G of the State Dependent Care Development Grants Act (42 
     U.S.C. 9877) is amended--
       (1) in paragraph (6), by striking ``section 198(a)(10)'' 
     and inserting ``section 10101 of the Elementary and Secondary 
     Education Act of 1965''; and
       (2) in paragraph (11), by striking ``section 198(a)(17)'' 
     and inserting ``section 10101''.
       (o) Tribally Controlled Schools Act of 1988.--The Tribally 
     Controlled Schools Act of 1988 is amended--
       (1) in subparagraph (C) of section 5204(a)(3), by striking 
     ``chapter 1 of''; and
       (2) in section 5205--
       (A) in subparagraph (A) of subsection (a)(3), by striking 
     ``chapter 1 of''; and
       (B) in subsection (b)--
       (i) in subparagraph (A) of paragraph (2), by striking 
     ``chapter 1 of''; and
       (ii) in clause (i) of paragraph (3)(A), by striking 
     ``chapter 1 of''.
       On page 1358, between lines 9 and 10, insert the following:

     SEC. 402. PARENTAL INVOLVEMENT.

       It is the policy of the Congress that the States, in 
     cooperation with local educational agencies, schools, and 
     parent groups, should be encouraged to involve parents of 
     children who display criminal or violent behavior toward 
     teachers, students, or others on school property in 
     disciplinary actions affecting such children.

  Mr. KENNEDY. Mr. President, I ask unanimous consent the debate and 
discussion earlier in the morning be arranged in the Record so as not 
to interfere with the general flow of the presentation of the debate on 
this legislation. I ask consent to be able to do that.
  The PRESIDING OFFICER. Without objection, the debate occurring 
earlier this morning will be included in the Record in a place so as 
not to interfere with the debate on this particular bill.


                    privilege of the floor--S. 1513

  Mr. KENNEDY. Furthermore, I ask consent two fellows on the Labor 
Committee staff, Jerry Hauser and Tricia Greenberg, be accord 
privileges of the floor during consideration of the bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Chair recognizes the Senator from Kansas [Mrs. Kassebaum].
  Mrs. KASSEBAUM. Mr. President, I rise to express support for S. 1513, 
the Improving America's Schools Act of 1994.
  This legislation, as has been pointed out in the earlier part of the 
opening debate, reauthorizes a number of beneficial programs that were 
established under the Elementary and Secondary Education Act.
  The Federal Government provides a relatively small share of the 
financial assistance offered to our Nation's elementary and secondary 
schools--about 6 percent.
  Nevertheless, the Federal investment has been and is substantial, and 
funding for the programs included in ESEA currently exceeds $10 
billion.
  The Elementary and Secondary Education Act was first enacted in 1965. 
I think that is important because I think a lot of people assume this 
is new legislation. Instead, for nearly 30 years, ESEA programs have 
allowed schools across the country to offer services that they might 
otherwise be unable to provide. The $70 million which schools in Kansas 
receive is greatly valued, and I am sure that every Member of this body 
can say the same about their own States.
  Beyond dollars and cents, however, are the tangible contributions 
which ESEA support has made to the improvement of education.
  Years ago, efforts that I began as a volunteer to start a library in 
my children's school received an enormous boost when ESEA was enacted 
and funds became available to help establish a library in the 
elementary school.
  More recently, I have had the opportunity to visit schools throughout 
the State and to see that my own experience was not unique. The 
combination of creative teachers and a little Federal funding is a 
powerful one, indeed.
  The largest of the ESEA programs, chapter 1, provides extra help to 
educationally disadvantaged children, particularly in the areas of 
reading and math. The additional services made available under chapter 
1 often spell the difference between a child's getting a solid 
foundation in skills needed for future educational success or simply 
muddling through years of school without these skills.
  Another valuable program, I believe, Mr. President, is the chapter 2 
block grant program, which allows States and localities great 
flexibility in supporting school improvement projects. Locally designed 
initiatives under chapter 2 make it possible to reflect the needs and 
priorities with the individual school districts. It is for this reason 
that local school officials have always enthusiastically supported 
chapter 2. As a former school board member, I place particular value on 
the views of those on the front lines of education, and those are the 
voices that we need to hear.
  The chairman has gone through, as did the Senator from Rhode Island 
[Mr. Pell], the ESEA programs. Just to briefly reiterate some that I 
think are important: Even Start, which encourages parents to learn 
along with their children; impact aid, which has always made a 
difference in those areas which have significant Federal property 
because it provides Federal education funds to those school districts 
in lieu of lost tax revenue resulting from the presence of Federal 
property; the Blue Ribbon Schools Program, which recognizes outstanding 
schools providing an incentive to strive for excellence. It is not a 
lot of money, Mr. President, but it has made a big difference in the 
recognition which schools and school districts can achieve and gives 
them an incentive to continue to strive for excellence in education.
  There is the migrant and homeless education programs, which provide 
supplemental services to children whose educations are disrupted by 
frequent moves from one school to another; and there is the chapter 1 
State-operated program which provides funds for disabled students in 
State schools and institutions.
  In addition to continuing these ongoing efforts, this legislation has 
a number of positive improvements, I suggest, particularly in the 
chapter 1 program.
  A few highlights: The bill provides schools with greater flexibility 
to combine funds from various ESEA programs. This will make it possible 
to provide education services in more coordinated, comprehensive, and 
innovative ways. Too often today, we find that a great deal of time is 
spent figuring out how to fit a child into a set categorical program, 
rather than figuring out how to fit the program to the child.
  The bill allows States to use their own assessments to measure the 
effectiveness of chapter 1, rather than tying them to dubious and often 
inappropriate standardized tests now selected by the Department of 
Education.
  The bill more effectively targets chapter 1 funding to the poorest 
schools and allows States to use more accurate data to identify high 
poverty school districts.
  It puts in place a system that will help guard against applying a 
lower set of expectations for disadvantaged students.
  It increases the level of parental involvement in chapter 1 programs 
Mr. President, and I believe this is very important. I think we have 
come to recognize that just teachers and more money and Federal efforts 
are not going to solve education problems. It really takes parental 
caring and involvement and a student's recognition of the importance of 
that involvement which gives them incentives to learn and study. So I 
think encouraging that parental involvement, particularly in the 
chapter 1 programs, is very important.
  Over the course of the past several months, the Committee on Labor 
and Human Resources has spent a great deal of time developing this 
legislation. I know it was pointed out earlier that this, of course, is 
an enormously large bill. As I pointed out, I am not quite sure why the 
administration's proposal regarding the reauthorization was marked out 
and included in the bill, and then the new portion was printed as well. 
It does make it look even longer than it is. But we spent a lot of time 
analyzing and debating and holding hearings on this reauthorization.
  I am particularly pleased that the committee adopted changes which 
reaffirm local control and flexibility. Although I have the greatest 
respect for Secretary of Education Riley, I do feel that the original 
administration proposal went too far in trying to direct State and 
local education policies well beyond the chapter 1 program. I and 
others were concerned as well about the number of mandates which the 
original bill would have imposed on States and localities. I am pleased 
that this measure departs in several significant respects from the 
companion bill, H.R. 6, that was approved by the House of 
Representatives earlier this year.
  In particular, S. 1513, the legislative language that we are 
considering now, does not contain any language dealing with so-called 
opportunity-to-learn standards. Such standards deal with issues such as 
resources, facilities, instruction material, and class sizes, all of 
which are areas that I believe are clearly State and local 
responsibilities.
  Any time that Federal funds are involved, there is always a tension 
between the Government's need for accountability and the recipient's 
judgment about how the funds might be most effectively used.
  The fine line between welcome Federal support and inappropriate 
interference is one that we are frequently asked to define.
  In the areas of education, I think it is particularly critical that 
we take great care in doing so. The vitality and success of education, 
particularly at the elementary and secondary level, is directly linked 
to the level of community involvement in the enterprise. I believe S. 
1513 strikes an appropriate balance.
  As is often the case with a large piece of legislation which has 
undergone many, many revisions, there has been a certain amount of 
confusion about several aspects of this bill. So having mentioned some 
of the things which S. 1513 does do and which I feel are positive, I 
want to lay out some of the things which it does not do.
  S. 1513 does not mandate that home school parents be certified as 
teachers. There has been a great deal of confusion about this, and I 
want to reiterate: It does not mandate that home school parents be 
certified as teachers. Language has been specifically included in the 
bill to make it clear that home schools, as well as private and 
religious schools, are not affected by this legislation.
  Nothing in S. 1513 mandates the adoption of national standards or 
outcomes-based education. Decisions about curriculum and instructional 
methods continue to be left to the State and local school board. They 
are not assigned to the Federal Government and, I suggest, never should 
be. In fact, the bill contains specific language which prohibits the 
Federal Government from prescribing or mandating curriculum or the 
allocation of resources. Nothing in S. 1513 would dictate how the State 
and local funds are spent on education.
  S. 1513 includes specific language assuring that its provisions will 
not lead to the imposition of unfunded mandates.
  Finally, S. 1513 does not authorize the use of Federal funds for 
school-based health clinics. It does not authorize the use of funds for 
school-based health clinics. Such clinics have never been supported 
with ESEA funds.
  One disappointment I do have with this legislation is the fact that 
it adds a number of new programs to the Elementary and Secondary 
Education Act, and that is what some of those extra pages contain, Mr. 
President, without getting rid of any of the old programs. The 
administration even recommended eliminating some of the old programs, 
but that was not supported by the committee.
  Certainly, there is always the temptation to create a new program to 
address a particular need or interest. Over time, however, this becomes 
a confusing array of small and almost-but-not-quite-the-same programs. 
More over, the realities of our budget situation mean that more 
programs will be chasing scarce dollars.
  On balance, this bill moves us in a positive direction. I should like 
to commend the committee chairman, Senator Kennedy, as well as the 
leadership of the Education, Arts and Humanities Subcommittee, Senators 
Pell and Jeffords, for the efforts they have made in shaping a product 
which commanded strong, bipartisan support in the committee.
  I urge my colleagues to join us in approving this measure.
  There will be a number of amendments, Mr. President, that we 
recognize, and that will be an important part of the debate. But I 
would particularly like to call attention to the time that has been 
spent by the subcommittee chairman, the Senator from Rhode Island [Mr. 
Pell], and the ranking member of the Education, Arts and Humanities 
Subcommittee, the Senator from Vermont [Mr. Jeffords].
  I yield the floor, Mr. President.
  Mr. KENNEDY addressed the Chair.
  The PRESIDING OFFICER. The Chair recognizes the Senator from 
Massachusetts [Mr. Kennedy].
  Mr. KENNEDY. Just on a technical question, I rise to clarify my 
earlier request. I was submitting a series of committee authorized 
modifications to the committee amendment. I wish to clarify that the 
committee amendment was modified in accordance with my request.
  The PRESIDING OFFICER. The Chair understands and recognizes the 
clarification.
  Who seeks recognition?
  Mr. JEFFORDS addressed the Chair.
  The PRESIDING OFFICER. The Chair recognizes the Senator from Vermont 
[Mr. Jeffords].
  Mr. JEFFORDS. Mr. President, I rise today in strong support of S. 
1513, a bill to reauthorize the Elementary and Secondary Education Act. 
First enacted in 1965 this bill is the single largest Federal education 
program. The benefits to low income and educationally disadvantaged 
students in elementary and secondary schools can be seen across the 
country in rural towns like Putney, VT to sprawling urban cities like 
Boston and Chicago.
  S. 1513 is a comprehensive bill. It includes the well-known chapter 1 
program--now called title I--designed to provide financial support for 
schools to improve the educational opportunities of low-income 
students, including funds to prepare students for the transition from 
preschool to elementary school, to provide literacy training to parents 
of young children, and to serve both migrant children and children who 
reside in institutions for neglected and delinquent children. The bill 
also includes funds to address the needs of bilingual children, gifted 
and talented children, and includes a new emphasis on professional 
development and funds for schools to purchase new technology.
  Passage of this bill will continue our commitment to assist our next 
generation to be a productive, educated people, that can adapt to a 
technologically complex workplace and can respond quickly to the 
changing demands of society. I hope that my colleagues will join me in 
supporting S. 1513.
  Let me take a brief moment to thank both the chairman of the 
committee and the chairman of the subcommittee of their willingness to 
work with Members from both sides of the aisle to craft what I believe 
is a sound bill. I would also like to thank the ranking member, Senator 
Kassebaum, for her outstanding leadership on several issues of 
importance to many Republican Members, especially issues concerning 
flexibility for States and school districts. This has been a truly 
bipartisan effort, and I can say without hesitation that I lend my full 
support to this piece of legislation.
  I believe this reauthorization represents a fundamental change in 
thinking. The goal of this reauthorization has been to demand high 
standards for all children including our most disadvantaged. It is 
interesting to note, however, that over a year ago, before the Clinton 
administration had released its reauthorization proposal, I held a 
hearing in Montpelier, VT on the reauthorization of the Elementary and 
Secondary Education Act. At that time, I heard certain recommendations 
repeated over and over again from individuals across the educational 
spectrum. I am proud to say that I believe we have substantially 
followed those recommendations.
  Witnesses at that hearing spoke about the need to give schools, 
school districts, and States maximum flexibility to design and carry 
out their programs in exchange for increased accountability to the 
Federal Government. We have done this with S. 1513. They told me that 
it was time to reward good performance in ESEA programs. Again, we have 
done this. In all, I believe that we have crafted an excellent 
reauthorization bill.
  First, in the title I program we have made several changes to the 
bill proposed by the administration which, in my mind, have resulted in 
giving States and local school districts more flexibility, while at the 
same time ensuring that students served by the program will received a 
high quality educational experience.
  While there is no disagreement that all students should be taught to 
high academic standards, members from my own party have expressed very 
legitimate concerns that requiring State to develop standards and 
assessments will be very costly and could be construed as authorizing 
Federal intervention into the locally controlled issue of curriculum 
content. Many believed it represented a back-door approach to forcing 
States to participate in the Goals 2000 Program. While I supported that 
program and the philosophy behind it I, too, was concerned that we not 
demand too much, too quickly from States. For example my States of 
Vermont, is close to completing its common core of learning and new 
assessment measures, but other States are not nearly so far along.
  In my mind, the committee has found the appropriate balance between 
encouraging schools, teaches, and parents to have high expectations for 
all children--including children who come from disadvantaged 
backgrounds--and recognizing that the 6 percent of funds that comes 
from the Federal Government cannot drive the entire educational system 
of a State. The committee bill represents a compromise between the 
administration's bill, which required States to develop and use 
standards for all children, and current law which does not require 
standards at all. S. 1513 as reported by committee requires States to 
use standards only for children who are served by the title I program 
in at least math and reading. It also allows States as much as 4 years 
to make the transition toward new testing systems based on performance 
measures rather than rote fill-in-the dot tests. I think this is an 
excellent compromise.
  Another area of deep interest to many of the members on the committee 
as well as the rest of our colleagues here in the Senate is the formula 
by which funds are to be distributed under title 1.
  I would like to say a few words about what we have done and why I 
believe that the committee has crafted an excellent formula. In my mind 
the formula that has been put forward buy Chairman Kennedy and Chairman 
Pell strikes a good balance between targeting title I funds to areas of 
high poverty and fulfilling the promise that we have made to provide 
those needy children who live in poverty with extra assistance, whether 
they live in the inner cities or in rural areas.
  The formula we are considering today recognizes that it costs more to 
education poor children when they attend schools in districts which 
have high numbers or concentrations of poor students and provides 
grants of up to 40 percent high to serve students in these areas. 
Furthermore, for the first time, the formula provides rewards and 
incentives to those States which carry a high tax burden for education 
and to those States which have achieve a significant degree of funding 
equity in public schools across the State. While no one formula can be 
perfect for every State, I believe that this is a solid proposal.
  At the State level, there is even greater targeting to poor areas. 
The within-state formula that was adopted by the committee cuts out all 
districts with a poverty student rate lower than 5 percent and again 
weights children according to the poverty of the district in which they 
attend school.
  The formula may not go as far in targeting to high poverty areas as 
the formula that the Clinton administration proposed, yet it makes 
considerable headway toward targeting more money on poor children than 
the formula in current law. Conceptually I am sure we would all support 
a highly targeted formula. But in practice--with limited Federal 
dollars--such a formula is difficult to achieve because it entails 
robbing from poor Peter to pay poor Paul. Until we put a high priority 
on education and commit the resources necessary to serve all poor 
children, we will continue to be forced to devise formulas which are 
less than perfect.
  While the title I program is the largest program in the bill, there 
are a number of other changes that have been made to the bill which I 
would like to mention here.
  S. 1513 includes a new--and long overdue--effort to recognize the 
valuable work of teachers, administrators, and school staff. Title II 
of the bill provides $800 million devoted solely toward increasing 
access by teachers and school staff to intensive high-quality 
professional development activities. Studies have shown that increased 
access to professional development can dramatically improve classroom 
instruction and learning. Too often, however, there is no room in the 
school budget to provide for these activities. If we are to demand high 
standards of our students then it is essential that we give teachers 
and administrators the necessary tools to implement those standards. 
Title II recognizes the worth of our school professionals and provides 
the necessary fiscal support to implement these policies.
  Title III of the bill provides much-needed and long-awaited Federal 
support for the development and purchase of educational technology. It 
holds the promise of helping to modernize our classrooms and prepare 
our young people for the increasingly technological workplace that will 
await them beyond the school doors. The children who will enter 
kindergarten this fall will be graduating from high school in the year 
2007. It is critical that they learn not only how to use computers and 
other technology to enhance their own work, but how to use technology 
as a tool to open the windows to the world, through the Internet and 
other services that will provide them with access to any information 
the world over at the touch of their fingertips. Attaining this goal, 
however, will not be easy. Particularly in our poorer and more rural 
areas of the country, schools remain in the technicological dark ages.
  The provisions of this bill will not only stimulate development of 
new technological applications to education through public/private 
partnerships, but will also provide schools with the resources needed 
to purchase hardware and software and the connections necessary to link 
those purchases into state- and nationwide networks. Equally important, 
the bill contains provisions to address the needs of learners at all 
stages of the educational process, from pre-kindergarten through 
graduate school, and makes special note of the importance of technology 
as it relates to adult education and literacy programs.

  ``Programs of National Significance,'' title VIII, includes a number 
of small demonstrations which, if funded, could be replicated 
throughout the country. I am especially pleased that the 21st Century 
Community Learning Centers is one of these programs. Based on efforts 
in Vermont this program encourages schools to become learning centers 
for individuals of all ages.
  The 21st Century Community Learning Centers Program is built on the 
notion of community education and on helping schools become centers of 
activity in rural and low-income communities. This program will 
encourage schools to bring the community into the school building, with 
activities and services provided by community members for the benefit 
of school children such as after-school tutoring programs, 
intergenerational mentoring programs, and on-site health and social 
services, as well as for the benefit of the adult members of the 
community, such as adult literacy classes, vocational training, and 
other evening programs.
  Modeled after schools such as the H.O. Wheeler school in Burlington, 
this bill encourages the notion of community education--the 
coordination of education, recreation and social services in schools in 
order to better serve area residents and improve the quality of life 
for all.
  Also included in title XIII is another program of great importance to 
me. It is the Javits' Gifted and Talented Program which provides 
essential services to youngsters with exceptional talent. While this 
program receives only a fraction of the funds necessary to serve these 
special young people it is nevertheless important for the Federal 
Government to recognize their importance to our future generations. 
This is an area in which we need improvement with respect to funding. I 
would like to thank the chairman for addressing my concerns with the 
program which the administration proposed substantially diluting from 
its present form. S. 1513 maintains the focus of the program here it 
belongs--on identifying and serving gifted and talented youth.
  I also strongly support provisions which have been included in the 
committee substitute which require rigorous evaluations of all Federal 
elementary and secondary education programs, including longitudinal 
studies where appropriate. In my mind, it is critical to know what 
kinds of effects these programs are having on teaching and learning. It 
is a pity that we have spent millions of dollars on demonstration 
programs over the years for which we have no good evaluation. We do not 
know whether some of these programs have helped children, or whether 
the gains that the children have made in some programs are sustained 
over time or whether they fade away after 6 months or a year. It is 
critical to know the answers to these questions before we proceed, 
especially under the Goals 2000 bill, where we must provide information 
and guidance on which programs to replicate.
  Finally, I think it is important to note that S. 1513 continues what 
was known as chapter 2, now entitled title XIII. As with chapter 2, 
title XIII continues to provide schools the flexibility to respond to 
emerging local education priorities. Under the original version of S. 
1513, the administration proposed eliminating the program. I know that 
in my State, this would have meant many Vermont school districts losing 
valuable dollars to fund computer technology, professional development, 
and parental involvement initiatives. I certainly am pleased to see it 
included in the bill before us today.
  This is an exciting time for education. We have passed the Goals 2000 
Act which will set the framework for high academic standards and are 
now poised to pass S. 1513. But let us not rest on our laurels. The 
unfortunate reality is that one in four children still remain below the 
most basic level of proficiency according to 1993 test results.
  The number of individuals who are functionally illiterate is still 
far too high. S. 1513 will provide the framework for change but nothing 
can be done if we do not back up our words with a strong fiscal 
commitment. Passage of this bill represents only half of the job, and 
the other half will be completed when we reorder our priorities and 
devote the kinds of funds necessary to adequately prepare our youth for 
the years to come.
  I urge my colleagues to support S. 1513, but also urge them to 
consider in the months and years to come the urgent need to fully fund 
the programs we enact. I am most hopeful that next year we can take a 
step toward being able to have that funding which is so critical and so 
necessary for the educational system.
  Mr. President, I yield the floor.
  Ms. MOSELEY-BRAUN addressed the Chair.
  The PRESIDING OFFICER. The Senator from Illinois.
  Ms. MOSELEY-BRAUN. Mr. President, I am very pleased to be counted as 
a supporter of S. 1513. Our Nation must maintain quality public 
education for everyone--and that is what the Improving America's School 
Act is all about.
  Education is not just a private benefit to an individual, but is, in 
fact, a public good. It is the cornerstone of a healthy democracy. It 
is the means by which we prepare our children to succeed, to make a 
living, to participate in the community, to enjoy the arts, and to 
understand the technology that has reshaped our workplace.
  Nonetheless, the Federal Government, as well as most States, 
continues to force local school districts to rely increasingly on local 
property taxes for public education.
  In my State, in Illinois, the State share of public education funding 
fell from 43 percent during the 1980--81 school year to 34 percent in 
the 1992-93 school year, while the local share of funding increased 
from 48 to 58 percent during this same period.
  The Federal Government's share of public education funding has also 
plummeted from 9.8 to 6.1 percent in just the last decade alone.
  This pattern, Mr. President, is reflected nationwide and is one that 
we must reverse. The local property tax is, in my opinion, one of the 
worst funding sources for as critical a need as education. I am sure we 
can think of others that are not as good, but certainly the local 
property tax should not be the primary basis of funding for public 
education.
  Funding for education should reflect our commitment to the importance 
of the social needs, and education should have a stable, elastic, 
responsive, and dependable funding base.
  When I served, Mr. President, in my State legislature, I worked to 
make education my No. 1 priority, and I worked at that time to increase 
State support for education. In that period of time--and I served in 
the Illinois General Assembly for about 10 years--in that period of 
time, I saw candidate-after-candidate campaign on an education-first 
platform. We had in our State an education Governor, education mayors, 
and an education President; everybody was running on the basis of 
support for education and the importance of prioritizing it on the 
basis that our children are our future, that we have an obligation to 
them.
  Well, Mr. President, I think it is time for us to make real the 
promise and the verbiage and the conversation around the priority that 
education should be. I believe that we have not only an obligation to 
our children to fund education, to adequately fund public education--
and I daresay quality public education--but we have an obligation to 
ourselves, as well.
  As laudable as the goal may be of prioritizing our children's needs, 
we also have an interest as a nation in seeing to it that our system of 
quality public education is maintained and is comparable and 
competitive with any in the world. Particularly, as we go into this 
information age, our support, our real support for public education, is 
a critical need and one that we cannot step away from.
  Mr. President, the Congressional Research Service cites several 
studies in its report, ``Educating New American Workers, Improving the 
Transition From School to Work,'' which finds that too many Americans 
are stuck in low-wage jobs due to limited career guidance, inadequate 
workplace experiences, and other impediments to efficient school-to-
work transition.
  That report talks about the forgotten half, which found that men aged 
20 to 24 with high school diplomas experienced a 28-percent decline in 
real earnings between 1973 and 1986, while high school dropouts 
experienced a 42-percent decline during this same period.
  A recent Census Bureau study found that 21.6 percent of all full-time 
workers with high school diplomas made low earnings in 1990, up from 12 
percent in 1994.
  In short, all of the reports and numerous studies have made it very 
clear that in order to compete in this world economy--to compete in 
this economy--having a quality education at the elementary and 
secondary level is of critical importance.
  GAO studies reported that in the United States, our country as a 
whole is lagging behind some of our primary international economic 
competitors, including Germany and Japan, in providing our young people 
with the academic knowledge and technical skills employers will 
need. It is not too difficult to figure out the connection, the nexus 
between a quality system of public education and our ability to compete 
in this world economy in this information age. If we do not train our 
workers, if we do not train our work force, not only will we be 
building in the basis for a declining standard of living among our 
young people, but we will also be tearing apart the very foundation 
that made our country great and made us economically competitive 
worldwide.

  So education is not just something that relates to the individual, it 
relates to whether or not a particular person can get a good job. 
Education is something that transcends the individual and relates to 
our entire community--to our competitiveness worldwide, to our ability 
to maintain our culture, to our ability to maintain the capacity of our 
community to grow and to appreciate democratic institutions; to our 
ability, indeed, to relate to health care issues such as the Senator 
from West Virginia just talked about.
  The closest indices for health care status is educational attainment. 
The closest indices for crime, if you look at crime statistics: The 
higher the level of education, the lower the crime rate.
  So here we have a social goal that relates directly to any number of 
priorities that we have in our society, from our position 
internationally to our health care status to the level of crime. 
Education becomes the key for our society as well as for the 
individual.
  So I am delighted to join Senator Kennedy, Senator Kassebaum, Senator 
Pell, and others on this committee. I unfortunately do not serve on the 
committee, although I have been delighted to support and work with the 
sponsors of this legislation. I am delighted to join with them in 
behalf of S. 1513, because I think it represents a real step forward, a 
real initiative to promote increased Federal funding for public 
education by raising the authorization level for Federal education 
programs in the Elementary and Secondary Education Act. It will raise 
it to $12.5 billion in fiscal year 1995. And I believe that is a step 
in the right direction.
  The PRESIDING OFFICER. The Chair will indicate to the Senator from 
Illinois that the hour of 12:30 has arrived.
  Mr. KENNEDY. Mr. President, I ask unanimous consent it be in order we 
proceed for another 10 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. MOSELEY-BRAUN. I thank the Senator very much. I will try to be 
brief.
  Unlike past ESEA reauthorizations, S. 1513 would also create a 
coherent framework for education reform by coordinating all ESEA 
programs with the education reforms in the Goals 2000: Educate America 
Act that President Clinton signed into law on March 31, 1994.
  S. 1513 would restructure the title I Program by directing States to 
develop their own content standards, performance standards, and 
opportunity-to-learn standards to improve the way teachers teach and 
students learn. Yet, rather than requiring States to adopt any specific 
standards, S. 1513 would give schools more decisionmaking authority 
over their title I funds in return for greater responsibility for 
student performance.
  For example, S. 1513 would allow more schools to operate schoolwide 
programs with their title I funds. Since research shows student 
achievement is adversely affected in schools with 30 percent and above 
poverty rates, S. 1513 would reduce the poverty requirement for 
schoolwide programs from 75 to 30 percent, which is a realistic 
position to take.
  Most schools that do not meet the 75-percent poverty requirement 
currently serve their title I eligible children through pull-out 
programs that promote remedial skills. By lowering the poverty 
threshold to 30 percent and giving the schools more decisionmaking 
authority over their title I funds, the new 30 percent requirement 
would encourage schools to challenge all of their students to achieve 
high skills rather than remedial skills. It would also discourage them 
from pulling title I eligible students out of regular classrooms. 
Eligible schools choosing to operate schoolwide programs would still be 
required to disaggregate their data on student progress to determine 
whether title I students are benefiting from the schoolwide programs.
  But it is a great way, I think, Mr. President, to mainstream title I 
students and to give title I students the opportunities to learn by 
being put in with the rest of the program and the rest of the students.
  Mr. President, in light of the fact that it is 12:35--I appreciate 
the Senator from Massachusetts allowing me to continue.
  I would like to make the rest of this statement, but I fear it will 
take more than 5 minutes. What I would prefer and what I think will be 
appropriate at this point--again, given the wishes of the Senator from 
Massachusetts--I will be willing to come back and proceed at a later 
time in behalf of this bill.
  To conclude my remarks now, I simply say this is a step in the right 
direction. I applaud the Senator from Rhode Island and the Senator from 
Massachusetts for their leadership in this area. There are certain 
specifics about this bill I will speak to directly, because I support 
so many of the specific initiatives in this legislation. But I would 
just like to commend them for demonstrating the leadership and the 
awareness and sensitivity to the fact that Federal support for 
education is something that as a nation we all have an obligation to 
support. As we go forward and focus in on our national interests in 
elementary and secondary education--which, of course, is where it all 
starts. If we do not educate youngsters in the grammar schools, we will 
never have to worry about them being able to perform at college level.
  So I think we have an obligation to engage fully at the elementary 
and secondary level. This legislation is consistent with that approach. 
It is heading in that direction. It opens some very important doors, 
and remedies and reforms some important parts of the statutes. I 
commend the sponsors for their fine work and indicate my support.
  I ask unanimous consent to be added, if it is the desire of the 
manager, as a cosponsor of this legislation.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. KENNEDY. Mr. President, I want to express our appreciation to the 
Senator from Illinois for a very eloquent statement in support of the 
legislation and pay particular tribute to her for the innovation, in 
terms of program amendment to this legislation, which she presented to 
our full committee at the markup and which was accepted. That is to try 
to bring some focus and attention on the basic deterioration, in terms 
of the infrastructure, in many of our schools.
  This is a particular problem in many of the urban areas of the 
country. It has been a subject matter that has been debated and 
discussed for a very considerable period of time. I think the power of 
the Senator, both in the presentation and logic of her argument and 
sense of deep compassion for those who are being adversely impacted, 
carried the day and it was accepted unanimously by our committee. Then 
she was again sufficiently persuasive to be able to go to the 
Appropriations Committee and get a substantial downpayment on that 
initiative. In times of scarce resources, that is a very important 
addition to this whole process.
  Again, it carries forward the essence of this legislation, which is 
to bring some help and assistance in terms of the neediest students in 
our country. I think the Senator has, by her own diligence and hard 
work and continuity, on this issue as in other issues, made a very, 
very important contribution.
  I thank the Senator. I look forward to her interventions as we 
continue with the debate and discussion. I know there are a number of 
matters which we will have an opportunity to debate and to take action 
on during the course of the afternoon and evening, and tomorrow. We 
certainly welcome her insight into the debate and discussion.
  Mr. President, seeing no further colleagues here seeking the floor, 
in accordance with the wishes of the majority leader, I ask consent we 
proceed with the earlier recommendation of the leader as modified by my 
suggestion.

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